HomeMy WebLinkAboutAgreement for Professional Service No. 128
Augusta Richmond GA
DOCUMENT NAME: A 9 (lI&6i1't& oJ'1 -\loR P \'l.o.\l GS S 1 01'''::\ L S ~R." leGS f\J 0 · I;;;{ ~
DOCUMENT T f\
YPE: 1-\3 R.~~(Y) ~ ~J
YEAR: \~qq
BOX NUMBER: 'I
FILE NUMBER: I L/ I % ~
NUMBER OF PAGES: /~
EMA
Environmental Management Associates, LLC
2240 Bricktoll Station
Buford, Georgia 30518
Telephone 770,271-7098
Fax 770,271,5550
Reference No. 128
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this 12th day of April 1999, between Environmental
Management Associates, LLC (hereinafter "EMA") and Augusta-Richmond County
(hereinafter "CLIENT"). In consideration of the mutual promises set forth herein, EMA
and CLIENT agree as follows:
1.
EMA will perform the work assigned to it by CLIENT's Contract Representative.
The scope of work is set forth in Exhibit "A" attached hereto and made a part of
this Agreement.
2.
EMA shall bill CLIENT for services rendered on lump sum basis in accordance
with the not- to exceed cost set forth in Exhibit IIN' to this Agreement. The total
cost set forth in Exhibit "N' is all inclusive, including overhead and profit, and
apply to all hours expended with no premium charged for overtime hours.
3.
EMA shall be reimbursed for all expenses and disbursements incurred in
connection with its services hereunder, including but not limited to reasonable
travel and living expenses; long distance telephone charges; teletype, telegraph
and telecopy charges; printing and reproduction costs; photographic expenses;
advertising for bids; special delivery and express charges; costs of providing and
maintaining site offices, supplies and equipment; and all necessary and incidental
costs associated with subcontracts where appropriate. All such charges shall be
billed by EMA and paid by CLIENT at cost.
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Payment of all EMA invoices shalJ be due upon receipt by CLIENT. Stal<lm."ts . .J
not paid witmn dQ days sRan be sabject to aR additional charge of on8 ar.d one half ~.
PQrc~m.t (1 1/2%) per mouth. In the event that CLIENT disputes a statement, its
Contract Representative shall notify EMA in writing within 30 days of receipt of
the Statement by CLIENT and CLIENT shall pay any undisputed portion of the
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invoice. If the parties aret ,:~a~o re~ol~~l;~ute within 60~~ing the
notice of dispute, the parlieS may e~~o s~tfe the dispute by M on. Interest
shall not accrue on any aioputecl. amount.
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4. EMA carries the insurance coverage set forth in Exhibit "B".
5. (a) CLIENT shall, if requested by EMA, review any designs, drawings, plans,
specifications, reports, bids, proposals and other information provided by
EMA. CLIENT agrees to make any decisions which EMA identifies that it
must make within a reasonable time so as not to delay the work of EMA.
(b) At the request of EMA, CLIENT shall provide EMA with the following
information and documents, except insofar as EMA is expressly required to
furnish the same under the terms hereof:
i) pertinent information which may affect the work to be done, to the
extent that such information is in CLIENT's possession; and
ii) information, plans and specifications regarding any existing or proposed
buildings or works which are involved in the work, to the extent such
information is in CLIENT's possession; and insofar as such information
is not available, CLIENT agrees to pay EMA for the cost of obtaining the
same.
(c) EMA shall be responsible for the preparation and review of all plans,
specifications, drawings and designs. EMA will be responsible for the
accuracy of all information used in the preparation of such plans,
specifications, drawings and designs, except to the extent that such
information was provided by CLIENT or the project site owner and EMA
relied on such information. EMA shall be liable for any loss or damage
arising from any inaccuracy in such information, except to the extent that
such information was provided by CLIENT or the project site owner and
EMA relied on such information.
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(d) EMA shall have the primary responsibility of determining if known or
potential health or safety hazards exist on or near the project site upon which
services are to be performed by EMA or its subcontractors, with particular
reference to hazardous substances or conditions. To the extent that such
information is in its possession, CLIENT shall disclose it to EMA prior to the
commencement of work. If hazardous conditions or substances are
discovered by EMA during the performance of its services which it could not
have reasonably discovered prior to the commencement of work, or which
CLIENT had in its possession and failed to disclose, and if the existence of
such substances or conditions materially changes the nature or conduct of
EMA's work or responsibilities at the project site, CLIENT and EMA shall
seek to agree on an equitable adjustment to EMA's Scope of Work to reflect
such changes. If the parties are unable to agree on such adjustments, this
Agreement may be terminated by EMA in accordance with the termination
provisions of this Agreement.
CLIENT shall provide EMA with all data and information in its possession
relating to the project and the environmental, geological and geotechnical
conditions of the site and all surrounding area. Copies of all drawings for
determining the location of all subsurface structures including but not limited
to pipes, tanks, sewer and utilities (power, phone, cable, gas, water, etc.) will
be provided to EMA by the CLIENT where possible.
6. EMA shall not disclose any confidential information relating to CLIENT without
the prior written consent of CLIENT, except as may be required by law or as may
be required by emergency situations.
7. The parties acknowledge and agree that EMA shall be an independent contractor
and shall have responsibility for and control over the means of providing services,
including the direction, inspection and management of all contractors engaged by
CLIENT to execute remedial work described in any Addendum to this Agreement.
8. In the event that CLIENT does not own or control the project site, CLIENT
warrants to EMA that it will obtain permission from the project site owner for a
right-of-entry as needed by EMA, its employees, agents and subcontractors for
providing the services called for in this Agreement. EMA agrees that its
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employees, agents and subcontractors will comply with all health and safety
requirements of the project site owner which may be imposed upon EMA as a
condition of its right-of-entry.
9. EMA shall preserve all samples obtained from the project site as it deems
necessary for the project, but not longer than forty-five (45) days after the issuance
of any document that includes data obtained from such samples. EMA shall
arrange for the disposal of samples on behalf of the CLIENT, which may consist of
returning the samples to the project site and CLIENT agrees to pay EMA for the
cost of disposing of such samples. Samples shall remain the property of the
CLIENT.
10. (a) EMA warrants that its services shall be performed, within the limits
prescribed by CLIENT, in the manner consistent with the level of care and
skill ordinarily exercised by environmental firms under similar
circumstances. No other warranties or representations of any kind, either
expressed or implied, are included or intended in this Agreement or in any
proposal, contract, report, opinion or other document in connection with this
project.
(b) Indemnity
i) EMA:
Subject to the limitations of subparagraph 10(b)(iii) below, EMA agrees
to indemnify and hold harmless CLIENT (including its officers,
directors, employees and agents) from and against any and all losses,
damages, liabilities and expenses (including reasonable legal fees and
reasonable costs of investigation) resulting from or arising out of
(a) failure of EMA to comply in material respects with federal, state and
local laws and regulations applicable to services undertaken by EMA
hereunder; (b) breach by EMA of warranties hereunder; or (c) any
injury or death of any person (including employees and agents of
CLIENT and EMA), or damage or loss or destruction of any property
(including property of CLIENT and EMA and their respective
employees and agents) resulting from or arising out of negligence or
willful misconduct on the part of EMA in performing services
4
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hereunder, except to the extent any losses, damages, liabilities or
expenses result from, are attributable to, or arise out of (i) any
negligence or willful misconduct of CLIENT; (ii) any delay attributable
to CLIENT's conduct; or (iii) any breach by CLIENT of any warranties or
other provisions hereunder.
b'ect to the limitations of subparagraph 10(b)(iii) below, CLIEN
agree indemnify and hold harmless EMA (induding its . cipals,
directors, e oyees, agents, and subcontractors) fro d against any
and all losses, des, liabilities and expenses' uding legal fees and
reasonable costs of inve . ation) resulting m or arising out of (a) any
negligence or willful miscon of C NT; (b) any breach by CLIENT
of any warranties or other provi . ere under; or (c) any condition
existing at the site prior to e arrival of of which EMA had no
actual knowledge an ver which EMA had no trol; provided,
however, that s indemnification shall not apply to extent any
losses, d ges, liabilities or expenses result from or arise 0 f (i) any
. ence or willful misconduct of EMA; (ii) any delay attributao
iii) Limitations of Liability:
For any damage caused by negligence, induding errors, omissions or
other acts; or for any damages based in contract; or for any other cause
of action; EMA's liability, induding that of its employees, agents,
directors, officers and subcontractors, shall not exceed $1,000,000, except
as to damage resulting from the gross negligence or willful misconduct
of EMA.
CLIENT's gross ne
employees, agents
u mg that of its
. I be limited to
lcers and con
(c) EMA and CLIENT recognize and agree that EMA has neither created nor
contributed to the existence of any hazardous, radioactive/ toxic, irritant,
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pollutant or otherwise dangerous substance or condition at the project site.
Accordingly, in the event of any claim against EMA arising out of such
pre-existing conditions or alleged conditions, CLIENT agrees to defend,
indemnify and hold EMA harmless from and against such claim(s), unless
such claims arise out of the gross negligence or willful misconduct of EM A,
including that of its employees, agents, directors, officers or subcontractors.
11. (a) CLIENT reserves the right to terminate the project at any time. Upon
termination, CLIENT shall reimburse EMA for all actual expenses and charges
outstanding at the time of termination. In addition, CLIENT shall pay EMA
cancellation charges applying to materials and! or equipment on order and! or
on rental at the time of termination which cannot be canceled, and reasonable
demobilization costs.
(b) EMA shall have the right to terminate its obligations pursuant to this
Agreement under the following circumstances:
i) in the event of a breach of any obligation of CLIENT, except payment of
disputed amounts as provided in paragraph 3 of this Agreement; or
ii) if EMA is unable, for any reason beyond its control, to perform its
obligations pursuant to this Agreement in a safe, lawful or professional
manner.
In the event that either circumstance described in subparagraphs l1(b)(i) or
l1(b)(ii) above occurs, EMA shall notify CLIENT of pertinent conditions and
recommend appropriate action. If within 30 days of such notice the
circumstances described in subparagraphs l1(b)(i) or l1(b)(ii) above have not
been remedied or cured, EMA may terminate its Agreement hereunder. In
the event of termination, EMA shall be entitled to reimbursement of all actual
expenses and charges as of the date of termination and reasonable
demobilization charges.
12. CLIENT shall have the right to audit the moneys expended or obligations incurred
by EMA, including all books, records and all other documents related to services
performed under this Agreement. Such information shall be available and open to
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review, inspection and audit by CLIENT's personnel and by CLIENT's designated
certified public accountant, at the place or places where such record, books and
other documents are kept at all reasonable times until the completion of this
project or for a minimum of 36 months from the date of EMA's invoice covering
such costs. EMA shall provide in all of its contracts, agreements or retainers with
subcontractors that CLIENT shall have the right to audit all source documentation
of subcontractor's compensation.
13.
CLIENT reserves the right to appoint a Contract Representative to administer this
Agreement. Until <;L~NT otherwise notifies EMA,
J~l cI yt1Jtk...... shall be CLIENT's Contract
Representative under this Agreement.
14.
This Agreement, including all attached Exhibits and documents referenced in
those Exhibits, constitutes the complete and final Agreement between EMA and
CLIENT. It supersedes all prior or contemporaneous communications,
representations, undertakings or understandings of the parties, whether oral or
written, relating to the scope of work or services and subject matter of this
Agreement, except to the extent that such prior communications have explicitly
been incorporated into the Agreement or one of the attached Exhibits.
Modifications of this Agreement shall not be binding unless made in writing and
signed by an authorized representative of each party.
15. This Agreement shall be governed by the laws of the State in which the project site
is located. All claims, disputes and other matters in question between Client and EMA arising out of or
relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County,
Georgia. EMA, by executing this Agreement, specifically consents to venue in Richmond County and waives
any right to contest the venue in the Superior Court of Richmond County, Georgia.
IN WITNESS WHEREOF, EMA and CLIENT have caused this Agreement to be
executed by their duly authorized representatives as follows:
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Environmental Management Associates, LLC
Per:
a. !5AS i1:JA
Title: f1-:A('I/J....... I
'f t
Title:
c;Jf:J
~er:
M&t " ~i94{J1(/J{tf/
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EXHIBIT "A"
SCOPE OF WORK/ESTIMATED COST
. .
E'M"A
_:' ,/ I :....
__ __ . 4_ _ __
Environmental Management Associates, LLC
22.JO Brickton Station
Buford. Georgi,] 3051R
T eJernone 770-271,7098
b;.; 770,271,555U
January 11, 1999
Reference No. 100
Mr. Hameed Malik, P.E.
Augusta-Richmond County
530 Greene Street, Room 701
Augusta, Georgia 30911
Dear Mr. Malik:
Re: Request for Proposal
White Road Garage and Service Station
Augusta, Georgia
EPD Facilitv LD. No. 1210287
Pursuant to our recent conversation. Environmental Management Associates (E:lvL-\) is pleased
to submit the following cost estimate to complete the proposed semi-annual groundwater
sampling and reporting requirements for the above referenced facility (Facility), Our proposal
includes the costs associated with four semi-annual sampling events.
In accordance with the Corrective Action Plan - Part A (CAP-Part .'"".1 Addendum dated August
21.1998. E:LvLA.. has prepared a Monitor Only Plan that details the semi-annual groundv/arer
monitoring activities for two years (1999 and 2000) and the associated milestOne scneduie, The
Monitor Only Plan and the estimated costs to complete this ,""orK are discussed in the following
sections.
Monitor Onlv Plan
The semi-annual groundwater monitoring events will consist of the sampling of nine existing
monitoring wells (MW-1, MW-2, MW-2R, NIW-4, NIW-5, MW-5R, MW-6, rvIW-7, and 1\'IVV-8) for
benzene, toluene, ethylbenzene, and xylenes (BTEX) by SW -846 method 8021 B. Monitoring
well MW-l will be used to monitor the background concentrations. To demonstrate that
natural attenuation is occurring, EMA also recommends that these wells be sampled and
analyzed for soluble iron and alkalinity and measured in the field for dissolved oxygen (D.o.),
oxidation/ reduction potential, and pH.
The results of the sampling and analysis events will be reported to the Georgia Environmental
Protection Division (EPD) in a semi-annual groundwater monitoring report within 45 days of
the sampling events. The reports will include a brief summary of the Facility background, a
summary of findings that will include tabulated data and a potentiometric surface map, a site
ranking, and an evaluation to determine if a CAP-Part B will be required for this Facility or if
the Facility qualifies for a "No Further Action" status.
.' ,
January 11, 1999
Reference No. 100
-2-
The proposed milestone schedule is provided as Figure 1,
Estimated Cost
Based on the Scope of Work described above, EMA's estimated cost to complete these activities
on an annual basis is $4,400 ($8,800 for two years). A breakdown of the total cost is as follows:
Task
Total Cost
Groundwater Sampling
(2 sampling events)
51.900
Analytical/Field Measurement Instrument
(9 samples per event/2 events)
51.500
Report Preparation (2 reports)
51.000
Annual Total
54.400
TOTAL (x 2)
58.800
E.1vL'-\ appreciates the opportunity to suornit tills proposal to ...I.ugusta-Rici1mond County.
Should you have any questions related to our proposal. please contaCt the uncie:rsigne'i at':!Q)
271-7098. We look forward to working with you on this proiec:.
Yours trulYI
Environmental Management Associates, LLC
0AhI ~lL .
Brent Cortelloni, CHMM
BC/bc/8
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EXHIBIT "B"
INSURANCE
~ ...
,
ACORD..
.... "!i!:~~..~lli.'J2::f~:~~~i!:;@~::":.pl12:~::I::@I.~::!':.1...riJ.'~.'.4J...I3.~.~.Q'.~l!i~;::::"'.'
DATE (MMlDDIYY)(:.
02/09/99 :n
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
PRODUCER
CIS Insurance & Financial Svcs
5775-B Glenridge Dr. Suite 130
Atlanta GA 3032B
Sean McDonald
Phone No. 404-255-6388 Fax No.
INSURED
COMPANY
A
Commerce Mutual Insurance Co.
COMPANY
B
Zenith Insurance Company
Environmental Mgt. Associates
P.O. Box 942474
Atlanta GA 31141-2474
COMPANY
C
COMPANY
D
,~.~..: ..
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING AN'( REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAJN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MMlDDIYY) DATE (MMlDDfYY)
GENERAL L1ABILllY GENERAL AGGREGATE 51,000,000
-
A X COMMERCIAL GENERAL LIABILrTY ACP200941-0 07/21/98 07/21/99 PRODUCTS - COMP/OP AGG 51,000,000
l2&:=J CLAIMS MADE D OCCUR PERSONAL & ADV INJURY 51,000,000
A OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE 5 1,000,000
f--
X Professional ACP200941-0 07/21/98 07/21/99 FIRE DAMAGE (Anyone fire) 550,000
MED EXP (Anyone person) 5 5,000
AUTOMOBILE LIABILITY
- COMBINED SINGLE LIMIT 5
ANY AUTO
-
ALL OWNED AUTOS BODILY INJURY
- 5
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
- 5
NON.OWNED AUTOS (Per accident)
-
I-- PROPERTY DAMAGE S
GARAGE L1ABIUTY AUTO ONLY. EA ACCIDENT 5
I-- :.<:,.:,:: ":'::'
ANY AUTO OTHER THAN AUTO ONLY: ..
I--
EACH ACCIDENT 5
AGGREGATE I $
EXCESS L1ABILrTY EACH OCCURRENCE 5
R UMBRELLA FORM AGGREGATE 5
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND IWCSTATU. I 10TH. ...... .:...,.,..... ..<....
TORY LIMITS ER
EMPLOYERS L1ABILrTY 5 100000
EL EACH ACCIDENT
B THE PROPRIETOR! R INCL WC-00730 11/23/98 11/23/99 EL DISEASE, POLICY LIMIT 5 500000
PARTNER~ECUTIVE
OFACERS ARE: EXCL EL DISEASE. EA EMPLOYEE $ 100000
OTHER
DESCRIPTION OF OPERA TIONSILOCA TIONSNEHICLESlSPECIAL ITEMS
This includes location at: 2240 Brickton Station, Buford, GA 30518! 2236
Carlyle Drive Mariettta, GA 30062 3781 Presidential Pk~, Suite 11,
Atlanta, G~J 2233 Asbury Square, Atlanta, GA 30346,1679 Terrell Ridge Dr.
Marietta, UA 30067
CERTIFICATE HOLDER:::(::;::',:)? ..
. ...:.::.......
.... .\~ANc::ELLA:r.ION,'.'" ....... .::: ... :/:: . .
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NO~ SHALL IMPOSE NO OBLIGATION OR L1ABILrTY /""\
OF ANY KlND)Jf'ON n-lE"S.QMPA~jITS AGENTS OR REPRESENTA~ / \
~... ................. ......>):~::;;;S;~VA...<i!<<b~t~RAtJ~~~~7
................
A
...:....
..:....,:-....'::'::....
). .
E'MA
_. __J"_" .' ___-.._" 0_
Environmental Management Associates, LLC
2240 Brickton Station
Bu ford, Georgia 30518
Telephone 770-271-7098
Fax 770,271-5550
January 11, 1999
Reference No. 100
Mr. Hameed Malik, P.E.
Augusta-Richmond County
530 Greene Street, Room 701
Augusta, Georgia 30911
Dear Mr. Malile
Re: Request for Proposal
White Road Garage and Service Station
Augusta, Georgia
EPD Facility J.D. No. 1210287
Pursuant to our recent conversation, Environmental Management Associates (EMA) is pleased
to submit the following cost estimate to complete the proposed semi-annual groundwater
sampling and reporting requirements for the above referenced facility (Facility). Our proposal
includes the costs associated with four semi-annual sampling events.
In accordance with the Corrective Action Plan - Part A (CAP-Part A) Addendum dated August
21, 1998, EMA has prepared a Monitor Only Plan that details the semi-annual groundwater
monitoring activities for two years (1999 and 2000) and the associated milestone schedule. The
Monitor Only Plan and the estimated costs to complete this work are discussed in the following
sections.
Monitor Only Plan
The semi-annual groundwater monitoring events will consist of the sampling of nine existing
monitoring wells (MW-l, MW-2, MW-2R, MW-4, MW-5, MW-5R, MW-6, MW-7, and MW-8) for
benzene, toluene, ethylbenzene, and xylenes (BTEX) by SW-846 method 8021B. Monitoring
well MW-l will be used to monitor the background concentrations. To demonstrate that
natural attenuation is occurring, EMA also recommends that these wells be sampled and
analyzed for soluble iron and alkalinity and measured in the field for dissolved oxygen (D,O.),
oxidation/ reduction potential, and pH.
The results of the sampling and analysis events will be reported to the Georgia Environmental
Protection Division (EPD) in a semi-annual groundwater monitoring report within 45 days of
the sampling events. The reports will include a brief summary of the Facility background, a
summary of findings that will include tabulated data and a potentiometric surface map, a site
ranking, and an evaluation to determine if a CAP-Part B will be required for this Facility or if
the Facility qualifies for a "No Further Action" status.
. I ,.'
{\: ~ q L\'LJC~
~(,." '_,." .-c/,.. /0'
. .'. .. '
January 11, 1999
Reference No. 100
-2-
The proposed milestone schedule is provided as Figure 1.
Estimated Cost
Based on the Scope of Work described above, EMA's estimated cost to complete these activities
on an annual basis is $4,400 ($8,800 for two years). A breakdown of the total cost is as follows:
Task
Total Cost
Groundwater Sampling
(2 sampling events)
$1,900
Analytical/Field Measurement Instrument
(9 samples per event/2 events)
$1,500
Report Preparation (2 reports)
Annual Total
$1,000
$4,400
TOT AL (x 2)
$8,800
EMA appreciates the opportunity to submit this proposal to Augusta-Richmond County.
Should you have any questions related to our proposal, please contact the undersigned at (770)
271-7098. We look forward to working with you on this project.
Yours tru.ly,
Environmental Management Associates, LLC
g/\/--I ~jL .
Brent Cortelloni, CHMM
BC/bc/8
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