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HomeMy WebLinkAboutAmerican Environmental & Construction Services Inc Augusta Richmond GA DOCUMENT NAME: f-h>1l;;"IZI C-Il N f2(1l VI eON /1'1 E,v TIl L ~ C.Ol\l S-r IZ \)CT/1\1\\ c::;; 6R-"/CO> . :c Nc... DOCUMENT TYPE: c...O N ,C\. f\cT YEAR: ?-O 0 Y BOX NUMBER: :;;:( \..\ FILE NUMBER: 11 Y ~ ~ NUMBER OF PAGES: '1 CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF AUGUSTA AND AMERICAN ENVIRONMENTAL & CONSTRUCTION SERVICES, INC. (AECS) CONTRACT NUMBER CONTRACTOR's Name: AECS CONTRACTOR's Address: 1360 Union Hill Rd Bldg 4 Ste C_ Alpharetta, GA 30004 CITY OF AUGUSTA PROJECT NUMBER: The City of Augusta (Client) and the Contractor have agreed that the Contractor will perform the following services which are part of the Contract identified above. The services covered by this CONTRACTOR SERVICES AGREEMENT will be performed in accordance with the provisions included with this form and any attachments or schedules. 1. SCOPE OF SERVICES: See Schedule A. 2. COMPENSATION: See Schedule B. Compensation shall be paid to Contractor by The City of Augusta within thirty (30) days after Client acceptance of the work and approval of the Contractor's invoices. (see Schedule B) 3. PERFORMANCE OF SERVICES: Contractor shall not be entitled to compensation for any services rendered in excess of those specifically requested by Client. Client may modify services as set forth above at any time. Contractor shall give immediate notice when any event occurs or conditions arise which the Contractor considers to constitute a basis for any modification of this Agreement. Client and Contractor shall mutually agree on cost and completion date adjustments suitable for any such modification. 4. DELAYS: Neither Client nor Contractor shall be liable for default or delay under this agreement caused by acts of God, or other events beyond the control of such party. Such acts or events shall include storms, floods, fires, epidemics, war, riot, strikes, lockouts, or other labor disputes, and acts of the government, its agencies or officers, federal, state or local. 5. UTILITIES: Contractor shall be responsible for exercising care in operating equipment in the vicinity of utilities, whether overhead, at ground level, or buried, and shall save and hold harmless Client from and against all claims and damages of every kind for injury to, or death to, any person or persons and from damage to, or loss of, property arising out of, or attributed to, the negligence of Contractor's operations. Contractor shall be responsible for ensuring that the local utility companies have been contacted concerning any subsurface explorations and that utility checks confirm that no borings are located in utility locations. Boring locations shall be adequately offset where boring locations conflict with utilities. 6. HEALTH, SAFETY, AND ACCIDENT PREVENTION: In accordance with generally accepted practices, the Contractor shall be responsible for all matters relating to the health and safety of its personnel and equipment in performance of the work. This includes recognition of the potential health and safety hazards associated with the work and includes compliance with the minimum requirements of the Health and Safety Plan in force for the work. If requested, Contractor shall provide a copy of its own health and safety plan in the absence of any project-related plan. It is understood that protective measures specified in any health and safety plan are minimum requirements for the work. If the project site involves waste AECS Subcontract Jan 2003 materials which' are alleged to be hazardous, Contractor warrants that all its employees that are permitted to engage in hazardous waste operations that could expose them to hazardous substances, safety, or health hazards have obtained the necessary health and safety training and medical surveillance in full compliance with current OSHA, MSHA, and all other applicable legal requirements. Ifrequested, Contractor shall provide Client with evidence of the necessary certification before beginning work on the project site. 7. TERMINA TION: (A) Client may terminate this agreement at any time by providing written notice. In the event of such termination, Contractor will be paid an equitable amount in proportion to the amount of work completed and will not be entitled to profits expected on work not performed. (B) If Contractor fails to perform the services required for reasons that are not beyond Contractor's control, then it shall be deemed in default. In the event of such default, Client may terminate this agreement immediately and shall have no obligation to make any further payment to Contractor. Client may have the work completed by another party and, if the cost of such completion is in excess of the remaining costs allowed for completion by Contractor, then Client will be entitled to reimbursement for the difference in completion costs from Contractor. 8. PROPRIETARY INFORMATION: Contractor agrees that during and after the terms of this agreement, it will not directly nor indirectly disclose to any third person, nor use for its own benefit or the benefit of anyone other than Client, any inventions, discoveries, developments, trade secrets, techniques, methods, processes, formulas, specifications, specialized knowledge, data, records, customer lists or data, or any other confidential or proprietary information or ideas of Client encountered or originated by Contractor and arising out of its rendering of services to Client. 9. SUBCONTRACTING: The services under this agreement shall be rendered by Contractor and shall not be subcontracted to be performed by any other party without prior written consent of Client. 10. fNDEPENDENT CONTRACTOR STATUS: Contractor shall perform its work as an independent contractor. Contractor shall have responsibility for and control over the details and means of performing the work assigned and shall be subject to the directions of Client only with respect to the scope of work and the general results required. Nothing in this agreement shall be construed to make Contractor nor any of its employees nor agents Client employees or agents. Contractor certifies that its employees and those of any subcontractor are US citizens or are otherwise authorized to work in the United States in accordance with the Immigration Reform and Control Act of 1986. 11. LIABILITY AND INDEMNITY: Contractor assumes all liability for work to be performed and for breach of any of the terms of this Agreement. Contractor agrees to indemnifY, hold harmless, and defend Client and any and all of its affiliates, directors, officers, agents, or employees from and against all loss, injury, damage, and legal liability including attorney's fees and other costs of defense arising out of any negligent act, error or omission of Contractor, its employees or representatives. Contractor assumes all liability for worker's compensation and employee's liability coverage for its own employees. Contractor shall be responsible for and shall hold Client harmless for loss of or damage to Contractor's or its subcontractor's construction tools and equipment and rented items which are used or intended for use in performing work and shall indemnifY Client for loss of or damage to Client's property intended to be incorporated into or used in the construction while in the Contractor's care, custody or control. Contractor shall comply with all applicable laws and government regulations, including OSHA and comparable state requirements. 12. INSURANCE REQUIREMENTS: Contractor shall maintain in effect at all times during the performance of services described in this Agreement the following coverages and limits of insurance. A. Workers' Compensation and Employer's Liability: Statutory workers' compensation limits required by law and $500,000 per occurrence employer's liability. The policy shall be endorsed to include a waiver of subrogation in favor of Client for any payment made on account of injury, including death, sustained by any employee of the insured. 2 AECS Subcontract Jan 2003 B. Liability Insurance: The following required liability policies shall be endorsed to include Client as additional insured, and shall also include a waiver of subrogation in favor of Client. Type of Insurance 1. Commercial General (including premises/operations, explosion/collapse/underground (xcu) hazards, products/ completed operations, independent contractors Limits of Each Accident & Aggregate $1,000,000 1 a. Pollution Coverage $1,000,000 2. Automobile (including owned, non-owned, or hired vehicles 3. Professional $1,000,000 $1,000,000 4. Endorsement MCS90 (spill coverage, pollution transportation $5,000,000 5. Contractors Pollution Liability $2,000,000 Contractor shall maintain the above insurance or renewals or replacements thereof for not less than three years after completion of the work under this Agreement. Certificates of insurance including additional insured, waiver of subrogation, and environmental impairment liability endorsements shall be furnished to Client upon execution of this Agreement and prior to Contractor's commencing work. For any claim relating to this contract, Contractor's insurance shall be the primary insurance with respect to Client, its subsidiaries, officials, and employees. Any insurance or self-insurance maintained by Client, its subsidiaries, officials, and employees shall be in excess of Contractor's insurance and shall be non-contributing. All certificates shall provide not less than thirty (30) days advance written notice to Client prior to cancellation, termination, or alteration of said policies of insurance. All insurers and policy forms must be acceptable to Client. The foregoing requirements as to types and limits of insurance coverage to be maintained by Contractor are not intended to and shall not in any manner limit the liabilities and obligations assumed by Contractor under this Agreement. 13. LIMITATION OF LlA8lUTY: In recognition of the relative risks and benefits of the project to both the Client and AECS, the risks have been allocated such that the Client agrees, to the fullest extent pennitted by law, to limit the liability of AECS and its subcontractors to the Client and to all construction contractors and subcontractors on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of AECS and its subcontractors to all those named shall not exceed $100,000 or the amount of AECS' s total fee paid by the client for work under this contract, whichever is the greater. Such claims and causes include, but are not limited to, negligence, professional errors or omissions, strict liability, breach of contract, or warranty. 14. GUARANTEE: Contractor warrants that all work and materials are free from defect or material workmanship and conform strictly to the specifications in Attachment A and the drawings or samples specified or furnished. 15. COMPLIANCE WITH LAWS: Contractor shall comply with all applicable provisions of federal, state and local equal opportunity laws, rules, and regulations and others described in the Client's contract and with all other applicable laws, rules, regulations, and orders. 3 AECS Subcontract Jan 2003 16. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this Agreement, Contractor agrees to comply with the provisions of Executive Order I 1246, Part IT, Section 202, 38 USC 2012 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and Section 503 of the Rehabilitation Act of 1973, as amended and following: If the Contractor has previously been covered by these requirements, it has submitted all forms required by said Order to the Office of Federal Contract Compliance in Washington, D.C.; if previously covered by the Code of Federal Regulations, the Contractor will, within 120 days, revise any existing written Affirmative Action Program (AAP) to reflect current changes to said Regulations; and ifno AAP has been prepared or ifnot previously covered, a written AAP will be prepared within 120 days for each of its facilities and administered as required by said Executive Order and Regulation. 17. LIENS AND CLAIMS: Contractor shall indemnify and save harmless Client from all liens, claims, demands, or suits of whatever nature brought by Contractor's laborers, subcontractors, materialmen, or other creditors to enforce a right of any kind made upon or against the work or the real property where the work is performed. As a condition precedent to payment to Contractor, Client may require complete waivers and releases of any claims of any person, firm, or corporation. 18. ACCOUNTING AND AUDITING: Contractor shall prepare and maintain accounting records in support of all amounts billed to Client. Contractor's files and records relating to performance of this Agreement and billed therefore shall be subject to audit at all times during the course of the project and for a period of three (3) years after completion of each authorized project. 19. ASSIGNMENT: Contractor shall not delegate any duties, nor assign any rights or claims under this Agreement, or for breach thereof, without prior written consent of Client. 20. ATTORNEYS' FEES: In the event of arbitration or litigation between the parties to this Agreement, each party will be responsible for all its own reasonable attorneys' fees and other costs incurred.. 21. SIGNA TURES: This Agreement represents the entire agreement between the parties, supersedes all prior agreements and understandings, and may be changed only by written amendment executed by both parties. Accepted for AECS (Contractor) By: /1rwJ~~ ~ /(Si"inature) (J Name:_~\(.l). N\I~ k. (Printed) Title: ~~Gft/l.. ~ cseA- C\-vzA J1.Oi6 Date: 9 fu..J o"-{ o tll Accepted for City f Au sta (Client) IY;f By Name: Title: MIt," V' 10' - d--5-0Lf Date: 4 AECS Subcontract 3an 2003 SCHEDULE 'A: SCOPE OF WORK 1. Assist Client with notification requirement to GA EPD of release on the Property which exceeds notification concentrations of hazardous/toxic substance(s) 2. Collect required data and prepare for Client a Compliance Status Report (CSR) vice the Property, which will be submitted to GA EPD. CSR to be completed and submitted to GA EPD NLT sixty (60) days following Notice to Proceed (NTP). 3. Research and prepare a Corrective Action Plan (CAP) which, when completed, will restore the Property to Type 3 Risk reduction Standards (RRS) [Type 4 RRS, if such can be negotiated between Client and GA EPD Director]. CAP is to be submitted to GA EPD with the CSR. 4. Assist Client, as requested, to prepare required public notices for publication in local media, concerning the Property, the release and the proposed CAP. 5. Once the CAP is approved by GA EPD, perform CAP requirements on the Property and restore Property to Type 3 RRS (Type 4 RRS, if approved by Director, GA EPD) 6. Backfill the excavation site, replace any existing improvements (i.e. utilities, storm drainage, curb & gutter, etc...) which were damaged during the excavation operation and repave the excavated parking lot area with the same asphalt pavement section as was present prior to remediation. , SCHEDULE 'B: COMPENSA nON Client and Contractor agree that compensation to Contractor by Client for the execution of the list of tasks on Schedule A for the former GBI property will be based on the attached rate sheet plus time and materials expenses by contractor plus 10% for any expenses not covered by the rate sheet. Client places a project cost cap of an amount not- to-exceed $50,000 without prior approval in writing by Client. Project cost cap is based on the assumption that the soil excavated from the property can be disposed of in a Subtitle D landfill without further treatment once excavated. Should the soil require on-site treatment or shipment to a Subtitle C landfill for disposal, work on the site will be halted and Client and Contractor will renegotiate this compensation agreement. Contractor may invoice for work completed in up to three stages: 1. Stage 1: at the completion of tasks 1 through 4 on the list at Schedule A 2. Stage 2: at the completion of task 5 on the list at Schedule A 3. Stage 3: at the completion of task 6 on the list at Schedule A AECS Rate Sheet . , AECS Rate Sheet For Former GBI Building Environmental Restoration Project Category Unit $/Unlt labor Proiect Manaaer Hr $80.00 On-site Coordinator Hr $50.00 Health and Safety Officer Hr $40.00 Professional Geologist Hr $65.00 Professional Engineer Hr $75.00 Eauipment Operator Hr $40.00 Driller Hr $45.00 Assistant Driller Hr $35.00 Environmental Technician Hr $30.00 Truck Driver Hr $35.00 Administrative Assistant/Secretarv Hr $25.00 Proiect Accountant Hr $40.00 Eauioment Excavator 100-cateaorv Day $550.00 Excavator 200 cateaorv Day $650.00 15 CY Dump Truck Dav $375.00 Tri-Axle Dump Truck Dav $525.00 Company Pick-Up Truck Dav $100.00 Decon/EQuip Trailer Day $75.00 Direct Push Sampling Equip Day $1,200.00 PID Meter Day $40.00 Pressure Washer Day $45.00 Soil Compactor Day Cost +10% Bobcat Dav $175.00 Bobcat-Hoe Ram Attachment Dav $225.00 Dozer Day $500.00 2" Gas Trash Pump Day $60.00 Concrete Saw Day $150.00 Wheel loader Day Cost +10% 5 KW Generator Day $65.00 Soecial materials 2000 Qal Polv tank Dav $85.00 12 mil rain cover Each Cost+10% 6 mil polyethelene roll Each Cest +10% American Environmental & Construction Services, Inc.