HomeMy WebLinkAboutProvide Solid Waste Consulting Services
Augusta Richmond GA
DOCUMENT NAME: 'V1<-D\JI~t <;)OLl a WASTe- C o"'SUl- TIN~ ~GK"'CfS
DOCUMENT TYPE: ?RO p05AL
YEAR: 1 C\ g 95
BOX NUMBER: le
FILE NUMBER: 1 ~Or ~ r;
NUMBER OF PAGES: I 0
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LAW
LAWGIBB Group Member J...
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July 30, 1998
Mr. Jack F. Murphy
Interim Director
Augusta Public Works and Engineering Department
1815 Marvin Griffin Road
Augusta, Georgia 30906
Subject:
Proposal to Provide Solid Waste Consulting Services
Modification of Sides lopes for Phase II-C
Deans Bridge Road Municipal Solid Waste Landfill
Richmond County, Georgia
Permit Number 121-016D(SL)
Law Proposal 12100-7-9091.3001.912
Dear Mr. Murphy:
Law Engineering and Environmental Services Inc. (Law) is pleased to provide you and
AugustaJRichmond County with this proposal for solid waste consulting services. This proposal
was requested in a meeting with you, Messrs. Greene and Malik, with AugustaJRichmond County
and Mr. Studer with Law on Friday, July 24. In that meeting you requested a proposal to revise a
number of drawing sheets for the subject facility t() increase the final cover sideslopes from 4: 1 to
3:1. You also provided us with a letter"from Mr. Jeffrey W. Cown with the Georgia
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Environmental Protection Division (EPD)'th~t-identified those sheets,which would need to be
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revised for this change to be approved as a major modificatirin to the existing permit. This
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proposal contains a discussion of known background in,Mffitation, the proposed scope of services,
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an estimate of schedule and fees, and authorization.
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Background Information
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AugustaJRichmond County operates a municipal solid waste landfill at their Deans Bri?~ge,-Road
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facility. The landfill was designed by Law in the springo~, 1993 and construc~~9'Ia1er that same
year. Solid waste has been placed in the cell since that tim~~ Howe~.~~", this material, has been'
placed with a final 'surface grade of approximately 3: 1 as opposed the permitted 4: 1
AugustaJRichmond County requested a minor modification to the existing permit in May of this
LAW Engineering and Environmental ServiCes, Inc,
112 TownPark Drive. Kennesaw, GA 30144
770-421-3400. Fax: 770-421-3486
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Deans Bridge Road Municipal Solid Waste Landfill
Law Proposal No. 12100-7-9091.3001.912
Proposal ~
Page 2
year to allow the placement of waste at this steeper slope angle. This minor modification request
was rejected by Mr. Jeffrey W. Cown with the EPD in a letter dated July 9, 1998. In that letter Mr.
Cown suggested that a vertical expansion be requested as a major modification to the existing
permit. He also listed those sheets that would have to be revised to allow this change to be
approved. Mr. Murphy asked if a public hearing would be required. Mr. Studer told Mr. Murphy
that a hearing would be required. Mr. Murphy then asked if Law could provide assistance during
the hearing, if needed. Mr. Studer told Mr. Murphy that these services could be provided.
During our meeting of July 24, Mr. Murphy informed Mr. Studer that they were under an order to
install down drains and a soil cover ove'r the east slope of Cell II-C by August 15. Mr. Studer
asked if the landfill was at the design grades. Mr. Malik stated that he was not sure exactly where
the grades were but that there was some survey data available at the landfill. Further discussion
revealed that none of the AugustalRichmond County personnel were exactly sure if the
downdrains were intended to be the permanent downdrains shown on the permit drawings or it
they were temporal)' downdrains. Mr. Murphy requested Mr. Studer provide assistance in
determining the status of the cover installation to avoid performing work that would need to be
redone at the time of final closure.
Mr. Studer met Mr. Malik at the landfill later that day to obtain a copy of the available survey
data, and to visually observe the east face of the landfill. Upon arrival at the site they were
informed that the surveyor had not provided the elevation data to the landfill operations personnel,
but that it should be available directly from the surveyor. Mr. Malik stated that he would locate
this information and forward it to Mr. Studer. In a subsequent conversation with Mr. Malik, Mr.
Studer was informed that the elevation data was out of date and that a new survey was being
performed. This survey will be provided to Law at its completion.
The east slope of the landfill was then observed by Messrs. Studer and Malik. Based on a visual
estimate, the east slope appeared to be at a slope angle of approximately 3:1, or slightly steeper,
with a narrow bench cut into the landfill slope at its upper third point. Temporal)' downdrains
were installed on approximate 100- foot centers along the east face. An approximate two-foot soil . '
cover was being installed from south to north over these temporal)' downdrain structures.
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Deans Bridge Road Municipa/ Solid Waste Landfill
Law Proposal No, /2/00-7-909/.300/,9/2
Proposal .'
Page 3
Scope of Services
Drawing Revision
Our scope of services will include revision of the permit drawings to reflect final 3: 1 cover grades.
It will also include re-evaluation of the cover drainage system calculations and the slope stability
calculations which will be effected by the increase in sideslope grades.
Based on our review ofMr. Cown's letter of July 9,1998, we understand that the following sheets
will need to be revised to allow approval of a vertical expansion request as a major modification to
the existing perm it:
Sheet No.
9
10
11
12
18
19
20
21
22
23
24
25
27
Title
Phasing Plan - Phase 2
Final Grading and Erosion Control Plan
Site Drainage Plan
Passive Gas Monitoring and Management Plan
Cross-sections A
Cross-sections B
Cross-sections C
Cross-sections D
Cross-sections E
Cross-sections
Cross-sections G
Cross-sections H
Design and Operational Notes
Three sets of review draft copies of these revised sheets will be provided to Augusta/Richmond
County for their review and comment. Following receipt and incorporation of Augusta/Richmond
County comments, five complete sets of signed and sealed drawings, along with a cover letter
requesting the major modification, a completed application for permit modification, and revised
calculations, will be forwarded to the EPD for their review. Based on Mr. Cown's letter we expect
little or no comment to the revised sheets: If comments are received, we will provide you with an
, estimate of cost to respond to them based on the attached fee schedule.
Besides this information, some additional items will need to be provided to the EPD as a part of
the major modification to the existing permit.
Deans Bridge Road Municipal Solid Waste Landfill
Law Proposal No. 12100-7-9091.3001,912
Proposal;
Page 4
· A letter from Augusta/Richmond County that the proposed modification
conforms to all local zoning/land use ordinances,
· A letter from Augusta/Richmond County that the facility, as proposed to be
modified, is consistent with the local or regional solid waste management
plans and the host jurisdiction and the jurisdictions generating solid waste
destined to the facility can demonstrate that they are actively involved in and
have a strategy for meeting the State-wide goal of waste reduction by July 1,
1996.
. Written verification that a public hearing was held by the governing authority
to the county of the municipality in which the solid waste facility requesting
the modification is located, not less than two weeks prior to granting approval
of the modification.
· Submission of written verification that notice of such hearing was posted at
the site of such facility and advertised in a newspaper of general circulation
serving the county in which the facility is located at lease thirty days prior to
such hearing. A typed transcript of the hearing must also be provided.
For the purposes of preparing this proposal we have assumed that Augusta!Richmond County will
provide these items for inclusion in the major modification application.
In addition to assistance preparing the revised drawings for the major modification to the existing
permit, Mr. Murphy requested that Augusta/Richmond County be provided with an electronic
copy of the original previously approved drawings, as well as the revised drawings. These
drawings will be provided on a Compact Disk (CD) in AutoCad 12 or 14, as desired by
Augusta/Richmond County. Our estimate is based on two hours of a CAD operator's time and the
cost of the CD.
Public Hearing Assistance
Law personnel will be available to explain any revisions to the original permit drawings at a public
hearing. We will require one week's notice to allow us to schedule the person needed for the
meeting. For budgeting purposes, we have included an estimate of cost for one day (8 hours) for
Mr. Studer. This will provide for travel to Augusta and 3 hours for the public hearing. Expenses
will be charged in addition to this estimate. If additional services beyond attendance at this
meeting is required, we would be happy to provide you with a revised estimate.
Deans Bridge Road Municipal Solid Waste Landfill
Law Proposal No, 12100-7-9091,3001.912
Proposal'
Page 5
East Slope Cover Assistance
Evaluation of the status of the east slope of Section II-C will require a review of available survey
data and a meeting with one or more EPD personnel. The purpose of the meeting would be to
discuss the present status of the landfill grades, on-going temporary cover and drainage operations,
what variance that the state will allow from the design grades, and future temporary cover
operations. We propose to provide these services on a unit rate basis in accordance with the
attached fee schedule. However, for preliminary budgetary purposes, we have assumed that one
day of Mr. Studer's and a staff engineer's time will be required for review of the available survey
data. An additional two days of Mr. Studer's time is budgeted to meet with the state and for
preparation of a summary report. The exact amount of time that will be required to perform these
services will depend on the adequacy of the survey data, the location and time of the meeting with
EPD personnel, and if more than one meeting is required. A more accurate estimate of cost can be
provided when the above discussed unknowns are resolved.
Schedule
We understand that AugustafRichmond County has placed waste at a slope of3:1 and are currently
out of compliance with the approved D&O Plan permit. As a result. schedule is extremely
important. Therefore a three week turn around from time of authorization to delivery of draft
documents is desired., Law can meet this schedule from the date of receipt of written authorization
acceptable to Law.
Estimate of Fees
Law will perform the scope of services described in this proposal for the fee estimates stated
below. For the purpose of estimating fees and invoicing AugustafRichmond County, Law has
prepared the estimate of fees as either ti1Jle and materials (T &M) in accordance the attached
schedule of fees or as a lump sum (LS) service.
Revision of permit drawings
$ 7,500 (LS)
CD of existing and new Drawing files $ 125 (LS)
Public Hearing Assistance
$ 1,110 (LS)
East Slope Cover Assistance
$ 3,600 (T&M)
Deans Bridge Road Municipal Solid Waste Landfill
Law Proposal No, 12100-7-9091.3001,912
Proposal,
. Page 6
The cost estimate presented for East Slope Cover Assistance is for preliminary budgetary purposes
only. It should not be considered a not-to-exceed cost. We propose to bill for this task on a time
and materials basis. However, if required by AugustaJRichmond County, Law can provide a firm
not to exceed budget for this item when the exact scope of services for this item is defined.
Authorization
If this proposal meets with your approval, please execute and return a copy of the attached
Proposal Acceptance Sheet. Your signature of acceptance on the enclosed Proposal Acceptance
Sheet will make this proposal, the General Conditions, and other enclosures the agreement
between us and authorize Law to proceed with the proposed scope of services. Any exceptions to
this proposal or special requirements not covered in the proposal should be listed on the Proposal
Acceptance Sheet.
You may authorize us to begin the proposed scope of services by issuing us a purchase order. If
you elect to issue a purchase order, please cross out and initial wording that does not apply to
service contracts and reference this proposal in the purchase order.
We appreciate the opportunity to submit this proposal. If you have any questions or comments
regarding its contents, please contact either of the writers. We will be glad to meet with you at
your convenience to discuss our proposal in more detail. As always, we look forward to working
with you again on this project.
Sincerely,
LA W ENGINEERING AND ENVIRONMENTAL SERVICES, INC.
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Project Manager
ames L. Studer, P.E.
Principal Civil Engineer
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AUGUSTA/RICHMOND COUNTY
1998 SCHEDULE OF FEES
LA W ENGINEERING AND ENVIRONMENTAL SERVICES
I. PERSONNEL
Charges will be made at the following rates for time spent in project management, consultation
or meetings related to the project, conducting field inspections, sampling, evaluations, review
and analysis of field and laboratory data, report preparation and review, design, travel time, etc.
Time spent on projects in litigations, in depositions and providing' expert testimony will be
charged at the standard rate times 1.5. Technician and Support Personnel time for work over 8
hours per day and on holidays, Saturday and Sunday will be charged at the standard rate times
1.5.
A. Engineering/Science Technician 1
(Engineering, Asbestos, Environmental, Laboratory,
Roofing Services)
Technician I
Technician II
Technician ill
Technician IV
Principal Technician
35.00
45.00
55.00
65.00
75.00 '
B. Professional
Staff
Architect, Engineer, Geologist, Scientist per hour
Project
Architect, Engineer, Geologist, Scientist,
Project Manager, per hour
Senior
Architect, Engineer, 'Geologist, Scientist,
Project Manager, per hour
Principal
Architect, Engineer, Geologist, Scientist,
Project Manager, per hour
70.00
85.00
95.00
115.00
C. Support Personnel
Word Processor
Administrative Assistant
Drafter
CADD Operator
Technical Writer
Technical Designer
40.00
50.00
50.00
55.00
60.00
75.00
I Minimum 4 hour charge excluding concrete cylinder pick-up
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D. Special Rate Personnel
Special Rate Personnel such as Senior Principal, Chief Engineer/Scientist, Corporate Consultan't
will be billed at a special rate identified for individual projects.
NAME
TITLE
RATE
1.
2.
3.
II EXPENSES
A. Travel Expenses
1.
a. Company pickup/personal vehicle, per mile
b. Common carrier or car rental multiplied by 1.25
c. Portable darkroom and truck, per mile
$0.36
$0.40
2. Per diem expenses: when required to remain overnight or on full-time projects
outside metropolitan area of assigned office, direct expenses multiplied by 1.25.
B. Disposal of Hazardous Waste samples - Samples of waste will be disposed by permitted
methods after a determination is made that the waste is defined by RCRA to be
hazardous due to the requirements of some hazardous assessments, disposal and
invoicing of incurred expenses may take place after invoicing of the originally
contracted work. This cost, if incurred, is not included in the project budget or in the
laboratory testing fee schedule.
C. Special equipment or supplies, permits, shipping charges, special printing or other items
not customarily proVIded by Law will be charged at cost multiplied by 1.25.
D. Other Direct Non-Salary Expenses: Projects will be invoiced at the rate of $1.25 for
each $50.00 of project labor charges or fraction thereof to cover the following direct
expenses related to the accomplishment of the project: communications to include
telephone calls and faxes, gen~ral project correspondence copying and reproduction,
routine and regular mail expenses, miscellaneous project supplies; and routine computer
control of projects including usage of computer hardware and software.
III. SUBCONTRACTS
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A. Subcontract services outside the Law Companies (if required) will be invoiced at our
cost multiplied by 1.15.
B. LA W/SPEAR, L.L.C.. LAW/SPEAR, L.L.C., is a corporate affiliate of LAW, providing
intermittent personnel resources on specific LAW Projects. From time to time, LAW
may use LAW/SPEAR, L.L.c. as a special subcontractor to assist LAW in meeting
Client staffing requirements. LA W/SPEAR, L.L.C. personnel can range from
administrative/secretarial support staff and personnel, to field technicians, to licensed
professionals with specialized expertise. LAW/SPEAR, L.L.C. personnel used by LAW
will be identified on LAW's invoice as such and billed at rates which will be provided to
Client as project needs are known.
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LAW
Rev, 4/95
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ENGINEERING AND ENVIRONMEN,TAL SERVICES. INC.
PROPOSAL ACCEPTANCE SHEET
Project Name Deans Bridge Road Municipal Solid Waste Landfill
Project Location Ri chmond County, Georgi a
Proposal No. and Date 12100-7 -9091 .3001 .912 7/30/98 LAW Branch Location Kennesaw
Type of Services Pro osa 1 to Provi de Soli d Waste Servi ces
Modification of Sideslopes
CLIENT
Name
Address
Augusta, Georgia
Attention: Jack Murphy
Augusta Public Works and Engineering Department
1815 Marvin Griffin Road
Zip Code
30906
Title
Phone Number 706/821-1706
Interim Director
FOR APPROVALS OR PAYMENT
Name Same as abave.
Address
Zip Code
Phone Number
SPECIAL INSTRUCTIONS:
PROPOSAL ACCEPTANCE
The Terms and Conditions at this Proposal, including the terms and conditions on this and the reverse side hereof:
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"dayot 'Augu1;t19
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Accepted this
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Print or type name at authorized representative and title
TERMS AND CeNDITIONS
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I. . SERVICES TO BE PROVlOED. Law Engineering and Environmental Services, Inc.,ltlrough
and by its otflcers, employees and subconlractors, (hereinafter LAW) Is an independent consultant
and agrees to ptOYide Client, tor its sole benefit and eXClusive use. COnsulting seMc:es setlonll in our
proposal. No lhird paI1y benetlciarfes are intended by tills Agreement .' ,
2. PAYMENT TERMS. Client agrees to pay LAWs invoice upon receipt U pa\,'1"-t '. ~Ol
r_a;..-.4 \flit"';'" '11\ 01~ ~~ t""'" Clla...~. -Ip..... I A\Ar. I__Lood ,-n_t iii"" tlJ.~II1' a 88ri.
linl" I~ 11'. ~~ 1,~~ '_A"A' .. ..... .,rA~I"" nl 1% """ mantll or IhA ~nllW;;;~ I';;;' ;,.,.. I,,;:,~;..~
. JJ..A. ~8 IHIMa:, 'J ,... a.-l ^"'o/^-etllo. if ,.....IIA1"'fAl'f tftn"ll(fh ." l:Ift...~. No deduct10n shall be
made from LAWs invoice on aa::cunt 01 liquidated damages unless expressly included in lI1e AQreenenL
ANar flY8 days prior notice to CUent LAW may suspend services until paid on any project wIlere
. payment 01 invoiced amounts not reasonably in dispute is not receilled by LAW wilhin 60 days 01
Client's receipt 01 LAWs Invoa; Client receipt of Invoice will be ptesumed II1ree days after mailing by
LAW fltSt class. witIladequa18 poSlage alladled. TIme is 01 lI1e essence of II1ls provision.
Eilher paI1y may terminate'lI1is Agreement wilhout cause upon :lO days prtor written notice. This
Agreement will terminate automatlcally upon lI1e Insolvency 01 Client In lI1e event Client requests
termination prior to completion 01 lI1e ptOposed services. Client agrees to pay LAW tor all reasonable
, Charges incurred 10 date and associated wiltl termination 01 ltle wotk.
J. STANDARD OF CARE. LAW will perform its services using lI1at degree 01 care and SkiD
ordinarily ...ercised under similar conditions by reputable members of LAWs prohtssJon practicing in
the same or similat locality allhe lime 01 service. NO OniER WARRAHTY, EXPRESS OR IMPUED,
IS MAOE OR INTENDED BY OUR PROPOSAL OR BY OUA ORAL OR WRIITEN REPORTS.
4. INSURANCE. LAW maintains InSurance coverage as lollows:
a. Worker's Compensation Insurance. statutory.
b. Employer's Uabillty Insurance. $1.000.000.
Co Commercial General Uabillly Insurance. 52.000.0001$3.000.000.
d. Automobile Uabilitylnsurancl . $2.000.000 CSL
e, Excess Umbrella. $1,000.000 (on c & d).
l. Professional Errors & Omission. $1,000.000 claims.made.
S. SITE OPERATIONS. Cliant wili arrange for right-ol.entry 10 lI1e property for lI1e purpose 01
perfonnlng project management. studies. tests and evaluations pursuant 10 lhe agreed services. Clienl
represents lhat ~ possesses necessary permits and licenses required tor its activities atll1e site.
LAWs tIeId personnel ate trained to in~late field testing. drilling and/or sampling will1in a reasonable
distance 01 lach designated location. LAWs field personnel will avoid hazards or utilities whicl1 are
visible to lI1em at the site. II LAW Is advised in wrillng 01 lhe presence or polential presence 01
und"'llround or OYe'llfOUnd obstructions. sucl1 as utilities, we will give special inslllJClions to our Iield
,personnel. LAW is not responsible tor any damage or loss due to undisclosed 01 unknown surface or
subsutface condillons owned by Client or lhird parties, except to lI1e extenl sucl1 damage 0"01$ is a
result 01 LAWs n89l1gence. Oll'lerwise. Client agraes for lhe additional consideration 01 $1.00. to
Indemnity LAW, its directors. officers. employees. agents and subCOntractors. from any sucl1 claIms.
suits 01 losses, includlng related reasonable attorney's lees.
LAW will taka reasonable precautions to minimize damage to lhe property caused by our operations.
Unless otherwise stated in LAWs proposal. our charges do not indude cost at restoration due 10 any
relaled damage whicl1 may result. il Client requesls LAW to repair sucl1 damage. we will do so at an
appropriale additional cost .
Page 1 of 2
r:~IC :gS~S :;r :OflnQ .r:CJtlons ,,-::q~C::C'-!d 'n L,\IN'; racer: ar shown i')n 31o.e1C:1aS ,Jr~ basec .;n 5;::~C:tiC
'ntarm..Hlon :ur~lsr:~c 'Ov all.h~r~ ,Jr ~s::maICS ,'Tl;lCq In :t'lq field hy f)ur :Jer~onnel. 5uc~ ..:irn~r.Slans.
~8crns J'-~~Iev.lllon:; ,;nOlJld :)8 C:Jnsu~p.rqd lS acpmxlm.Jtlons unles:; omer.....'sa ':ita tea In uur :)rcoosal
or :eocrt.
FIELD REPRESENTATIVE, The ore.ence 01 LAW', or :ts ,ubconrrac:o(s lield :ersonnel,
eltt'ler fUlI-flme or part. time. may ~e fer :tle purpose at provIding project admimSlranon. J.s'sessmenr.
abSef"/3UOn and/or :ield testlnlJ i')t ~cp.e:fic JSoac:S at the prOject as authonZed by C:ient. Should a
contrac:Crlsl not r9rainea by LAW 09 Involved In thl! project, C:ient 'NIII advise sucn contraC:OflSllhat
UW's sef'Jlces dO nor inclUde suoerVISlon or airec:ion of the mqans. m~thods or ,1c~al ',..,ork ot :he
contractorl51. hIs employees or ac;ents. C:ienr 'NIlI also inform contrac:or thaI the presence or LAW.s
lield reoresent31ive tor p'rol~t .]Cml"lstratIC~n. assessment. observation or testing 'NIII not relieve ;he
contrac:or 01 ils resoonSIOllitleS for ;::'.lertormlng the 'Nork 1M accordance 'Hlth the plans ar:d specifications.
It ,J C:Jntrac:or (not a 3ubccntrac:or ::t LAW), is involved in iht:t projec:. Client agrees, In Jc:::rCance
'NI!h generally dcceoted construC:lon practices. :hat the contrac:or 'NIII 'oe sOlely 3nd comoleletv
fP.SOonSlcre ~or 'Harking condincns IJn the lob .:ne. inc:uaing secunt'1 and satery at all perscns ;Jna
prooerty cunr:q pertormance of i~e 'Nark. ar-a comoliance with all .C:ient salety requirements and
OSHA regulations. These reCUlrqmencs 'Nill apply cO"linuouSly and 'Nill not 013 !imlted :0 normal
werking ~ours. It is agreed thaI'!..,AW WIll root be- iesponslcle for job or site 5aferl or 'sec:.Jntv 'J" :he
;:lrOI9C:. ~lher ;han for LAW'3 ~moloyees and succontrac:ors, and ihat LAW does not nave :he duty or
ngnr iO s:co il"le worw. Or the comrac:or. '
3, UNFORESEEN CONDITlONS OR OCCURRENCES, 'ills Oosslble that enfcrseen conditions
or oc=urrences may oe encountered at :he site wnic:'l could subsranliafly alter the necessary sef"Jlces
or :he f1sks Involved :n compleling LAW's services. If :hlS occurs, LAW "Nill prOmptly notlty Jr:d consult
'Hlth C:ienr. but 'Nill ac: .cased on LAW'S SOle jUClgmenc where nsk to LAW personnel is :nvolvea.
POSSIble ac::ions could'include:
a,
CJmplere the original Sccca of Sef'''ce.s in accordance 'Nilh the:proceeures cnginally
intended in our Proposal, if prac:icable In LAW's judgment:
Agrge 'Nllh Client to :-ncdify the 3c:ce at Sl:!f'''ces and ihe dS[lma[9 of c:'larges to
include stUdy ot ihe un/ore seen concitions or occurrences, .Nlih SUC:"l reVision 3greed :0
in 'Nriur:g:
b,
c: Terminate the services eHec:ive on the date specified oy LAW in 'Nflting.
9, SAMPLE DISPOSAL, Test soeclmens,or samples ,generally are consumed or suosrantially
altered during testlng and any remnants are diSPOSed at rmmeaiateJy upon completion ot tests.
Remaining drilling samples and other specimens are disposed of 30 9ays alter submIssion at LAW.3
racoft.
a, NON-HAZARDOUS SAMPLES, At Clienl's Wflllen requesl. LAW 'Hill retain preser,aole
test specimens or the reSIClue therefrom tor 30 days after submission of our reooft ~ree
of storage charges, A~er the initial 30 days and upon Clienl's wrillenrequesl. LAW will
use its best effortS to retain test specimens or samples but only tor a mutually acceptable
storage Charge and peflod of time, Client agrees that LAW is not responSible or liable
for any los's ot test specimens or samples retained in storage.
b, . HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES, In the event that tesr
samples contain toxic or hazardous constituents as defined by applicable law, upon
complelion 01 any testing and temporary storage by LAW and per C:ienl's siated
preference, LAW will: 1) return such samoles 10 Client lor proper disposal: 21 using 3
manifesr signed by Client as generator and at additional cost, have such samples
transported.tO 'a ,location selected by Client lor proper Ilnal disposal: or 3) at an
additional charg~ per sample, dispose of suc." samples at'" a property licensed disposal
facility, .Client, agrees to pay all costs associated with the storage, transport. and
disposafol such samples, Client recognizes and agrees that LAW is acting as a bailee
and at no ti.~e assumes title to said materials.
la, WASTE DISPOSAL. If Client requests LAW :0 containerize drilling wastes and/or nuids
produced by LAW's activity ('Wastesl. Client will provide a secure temporary storage location at or
near the project site to prevent tampering with such containerized Wastes, Non-hazardous Wastes
will be disposed of by LAW tor an additional charge at an aporopriately licensed facility, Any hazardous
Wastes will be dispOSed at under manitest executed by Client at any property licensed lacillty selec:ed
by Client with LAW's assistance, At no time 'Hili LAW take title 10 such hazardous Wastes.
11, . CLIENT DISCLOSURE, Client agrees to advise LAW upon execution 01 this Agreement
01 any hazardous substance or any condition, i<nown or that reasonably should be known by Client,
existing in. on, or near the site that presents a potential danger to human health, the environment, or
U,Ws equipment. Client agrees to provide LAW continuing related information as it becomes availaole
to the Client. By virtue ot entering into this Agreement or providing services hereunder. LAW does not
assume comrol of or responsibjli~ as an operator or otherwise for the site or the person(s) in charge
ot the sire. or undertake responSibility tor reporting ro any federal. state or local pUblic agencies any
conditions at the site that may present a potential danger 10 public health. safety or the enVlfonment.
Client agrees under advice of its counsel to notify Ihe appropriate lederal. state or local pUblic agencies
as required by law; or .0tl1erw!se 10 dl~~sa. in atil))e)y manner. any.information tI1at may be necessary
to ,prevent"damage to human healtl1. satety. or the enVlfonment.
12. . ENVIRONMENTAL INDEMNITY, In connection witl1 toxic or hazardous substances or
constituents and to the maximum extent permilled by faw, for separate and valuable consideration 01
S 1,00, Client agrees 10 delend.hold harmless and indem~ify LAW Irom a~d against any and all claims,
liabilities. or judgements, except to the extent tinally determined as being caused by LAW's negligence'
or willful misconduct. resulting lrom: ,- .
a,
Client's 'Iiolation otan.;federaJ, state. ~r Ic,-cal,statute. regulation or ordinance relating
to the management or disposal 01 toxic or hazardous, substan~es or constituents;
Client"s undertaking or or arrangement for the handling, 'removal. treatment. storage.
transoortation or disposal, o~ ro;c.lc or h_~ardous substances .or constituents' found or
identified at tt'le Site; , .
b, '
c,
ToxiC or hazardous substances or constituents intrOduced at the site by Cfient or third
persons before, during or a~er the completion of LAW's sarvices:
d,
Allegations that LAW is a handler. generator. operator. treater. storer, rransporter. or
disposer unless expressly rerained by Client tor such services under the Resource
Conservation and Recovery Act,0119i6 as amended or any otl1er similar federal. state
or local regulation or law due to the LAW's services: or,
e,
Any third party suit or claim for damages against LAW alleging strict liability, personal
injUry [Including death) or property damage tram exposure to ,or release 01 10xic or
hazardous substances or.constiruents .~t or from the project site before. dunng or after
completion of LAW's services under thiS Agreement. .
.J
:;
f" !'"..-\
:3, - EOUIPMENT CONTAMINATlCN. LA~V ',VIII -inceavor :0 .;:ean our lat:oratory ~no :jel(~
~culpment 'NnIC:'\ may oecome comamma_ted ,n tne ':encuc: :Jr our 391"/ICeS, CcCaslonall . .-
>JCUlom~nt cann~t be compl~tely tjecontamln.Jted bec:1use of :h~ tyee at ha:ardS encounteredY' 1;~:l
cccurs, It 'Mil ~9 necessar, !o'disccsa at ~ht! 'lQUlOf'T':p.rt :n cl :TlannRr :mn,lar to that inaica't&d ,15
Ma:Jrcous samples or waSta .1fId :0 .:narI19 C:ient :or :he :OSS. C:umt <lgrp.~s :0 :ay ine :alr mar~:C
'/alua 0' any suc,' eqUipment and reasonacle ciscosal costs. ...t
I J, ,DOCUMENTS, LAW will furnish Client the J~'eed uoon nu,:,oer 01 'Nnllen repons ana
SUCcortlng documents. These rnstruments of services are ~ur",shed tor C.lent's dXClusi..-e interna.l
and reliance. use of Client's counsel. use of C:ient's Qualified oldders Ides.lC;n se('/ices onlyl 3r.Qu~e
rP.gulatory submittal in conn&c:i~n 'Nlth :neproject or ser/lcas orOVloea !or;n :t'IlS Agreement. O~t ~or
~or Jdvertlslng or lJU'1er type 01 dlstnbutlon, and are sUbJec: :0 :ne !ollowlng: t
J,
All documents generatea ":Jy LAW unCer ihls .-\qreement shall rl!main the sole prepe,"'
of LAW; Any unauthorized use 0: distr:burion ':Jt LAW.s 'Nork 3hall be 3t C:ienfs. ar.'6
rec:plent's sole fisk ana .,..,Uhout ~iaollity to LAW, LAW may retain a COntidenrial tile cocy
at its work prOduct and related documents.
b,
U C:ient deSires to release. or !or'LAW to ~rovide, our reoort{SI [0 a third parry nor
des~:lbed ,above for that car:y's reliance, ~W '.'VIII agre~ ~o suc., release provided 'He
recerve 'Nntten ?cceptance trom sucn thrra :Jarty iO be bound oy acCeptable terms ano
c~naiuons similar to thIS Agreement (e.g. St3condary ~:ient A(]reement), MeOorts Orc-
vlQed ~or disc!osure ot Information ~nly 'NIll not reQuire seoarate agreement. C:i~m
aCknowlecges and agrees to inform such third parry that LAW.s recorHs) rellec:s Co-n.
ditions only at the rime at the study and may not relleet conaitions at a later iime. C:i~nt
further acknowledges :hat suc.~ recuest for 'elease creates a potential conllict 01 inler.
est :C?r LAW and by thIS requesr Ciient waives any s~ch claim it L."-.W complies 'Nlth ~a
request
c,
Client agrees Ihat all documents lurnished :0 Client or Clienl's agents or designees, ,I
not paid lor, 'HIli b,! returned upon demand and 'HIll not be USed by Client or any Other
entity lor any purpose whatsoever, Client further agrees :hat aocuments proeucac l:y
LAW jJursuant to this Agreement will nor be used :cr any prOleCt nOt dxpreSSJy prOVided
for in this Agreement .without L"-.W's prior wrinen approvaL
Client shall furnish documents or information reasonably 'Hilhin Clienfs COntrol and
deemed necessary :Jy LAW ror proper performance of our services. LAW may rely
upon Client.provided documents in performIng the servi~es recuired under this Agree.
ment: however, LAW assumes no responsibility or liabdity for !heir accuracy. Client.
provided documents will remain the property 0' Client. but LAW may relain one CQntj~
dentialliJe copy as needed to support our report.
d,
d, Upon Clienl's request. LAW's work product may be provided on magnetic macia, By
such request. Client agrees that the wrillen cocy retained by LAW in its liles. with at
least one conformed 'Nflllen copy prOVided :0 Client. shall be tM oNicial base docu-
ment. LAW makes no warranty or representation to Client Ihat tI1e magneoc cocy is
a.ccurate or complete. but will corre~ in gOOd faith any omissions or errors on sucn
media brought (oLAW's attention by Client. Any ~oditications of such magnetic c:coy
by Client snail be af Client's riSK and without liability to LAW. Such magnetic copy 1'5
subject to all conditions of tt1is Agreement.
15, CLAIMS, The parties agree to attempt 10 'esoJve any dispute wilt10ut resort 10 litigation
including use of mediation. priorto filing of any suit iJII i ,er .R 'MB .l ..., t... ..JAil" ,..._ IIB'- I:';:"'~"c..
~rf::li~::IntrtnA(!,.,nl,.,...o."~i1"'.,,.;.I.... ... "_,.........k.ioJJ:._______-"'H..o.-_..:__. .
- .. ~ - .- -_..-- -. -. - .---, --.----------.--...po-....-..''#!....'..,-
.......,.........-4:...g .k... ...I~i_ ,,,,..1, g: g raaa8F'881~ BR~',F101'3'fad~
16, OPINIONS OF COST, II requested. LAW will use its best eltorts and experience on similar
projec:s to provide realistic opinions or estimates 01 costs for remediation or construc:ion as appropriate
based on reasonably available data. LAW's designs or LAW's recommendations. However, such
opinions are intended primarily to provide inlormation on the order of magnitude or scale of such costs
and are not intended tor use in firm budgeting.or negotiation unless specifically agreed otherwise. in
writing with LAW. Client understands actual cost~ 01 such work <::epend heaVily on regional economics.
local consiniCiion practices;material availability, site conditions; weather conditions. contractor skiils.
and many other lactors beyond LAW's control,'.. ,
1 i, TESTIMONY, Should LAW or any LAW employee be compelled by law to provide testimony
or other evidence by any party. whether at deposition. hearing or trial, in relation to services provided
under this Agreement. and LAW is not a party in the dispute, then LAW shail be compensated by
Client for the associated reasonable expenses and labor for LAW's preparations and testimony al
appropriate unit rates. To the extent the party compelling the testimony uttimately provides LAW such
compensation. Client will receive a credit or refund on any reJated double payments to LAW.
18. CONFlDENTtALITY. LAW will maintain as conlidential any documents or information
provided by Client and will not release. distribute or publiSh same to any tI1ird party witl10ut prior
permission Irom Client. unless compelled by law or order of a court or regulatory body 01 competent
jurisdiction, Such refease will occur only a~er prior notice to Client.
19, GOVERNING LAW. This Agreement shall be governed in all respects by tI1e laws of the
Slate of Georgia.' ,
20., PRIORITY OVER FORM AGREEMENTs/PURCHASE ORDERS, The Parties agree that
the provisions 01 these terms and conditions',shall contrcl.over,and govern as to any torm writings
signed by the Parties; such as Client Puichase Orders. War)< Orders. etc.. and that such forms may be
issued by Client 10 l;;AW as a maller of. CE;wenienceto the Parties without alterin.. any at tI1e terms <::r
provisions hereof. .~_4 . -.
21, SURVIVAL. All provisions of this Agreement for indemnity or ,allocation 01 responsibility or
liability between Client and LAW shall survive Ihe completion of the services and Ihe termination of
this Agreement. ' '
22, SEVERABILITY. In the '!Vent~that any provision 01 this Agreement is tound, 10 be
unenforceable under law, the remaining provisions shall continue in full force and effect.
23, ASSIGNMENT, This Agreement lnay not be assigned by either party 'Nithout the pner
permission ot the other,
24, CONSIDERATION. The parties agree that the charges for LAWs sarvices are sufflcientty
adjusted to inClude any specific consideration payable to Client under tI1ese tems and conditions,
25, INTEGRATION. This Agreement. the allaChed documents and those incorporated herein
consritute the entire Agreement berween tne parties and cannot be changed axceot by a written
insuumem sIgned by both parties, .
. Applies only if toxic or hazardous substances or constituents are anticipared or encountered.
END OF DOCUMENT
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