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HomeMy WebLinkAboutEARTH TECH INC DEMO CANDY FACTORY LUMP SUM AGREEMENT FOR ENVIRONMENTAL ENGINEERING SERVICES BETWEEN Augusta, Georgia, a political subdivision of the State of Georgia Acting by and through the A-u ~LI.5 -/-q - Richmond County Commission Hereinafter Referred to as Owner AND Earth Tech, Inc. Hereinafter Referred to as Environmental Consultant PROJECT: Environmental Engineering Services for Demolition of the Candy Factory DATE: March 6, 2006 Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Exhibit A Exhibit B AGREEMENT FOR ENVIRONMENTAL ENGINEERING SERVICES TABLE OF CONTENTS Page Definitions............................................................................................................ 1 Relationship of the Parties .......................................... ........................................ 3 Basic Services........................................................... ............. ..................... .......... 5 Compensation......................................................................................... .............. 9 Period of Services ............................................ ................................................... 11 Owner's Responsibilities.................................................................................... 11 Notices.. ............................................................................................... ............ n. 12 Insurance............................................................................................................ 13 Indemnification....................................................................................... ........... 14 Termination of Agreement ................................................................................15 Dispute Resolution....................................................................................... ...... 17 Successors/Assignment/Third Parties....................................................... ........ 17 Ownership of Documents/ Confidential Information.............. ......... ......... ................................................... 18 Additional Provisions...................................... ................................................... 19 Master Schedule............. ........... ........................ ............................ ................ ..... .... Proposal by Environmental Consultant AGREEMENT FOR ENVIRONMENTAL CONSULTANT SERVICES AGREEMENT made this 6th day of March, 2006, BETWEEN the Owner: Augusta, Georgia, a political subdivision ofthe State of Georgia, acting bv and through the~~~it- Countv Commission and the Environmental Consultant: Earth Tech, Inc. for Professional Services in connection with the Project known as: Environmental Engineering Services For Demolition of the Candv Factorv. The Construction Program Manager for the Project is: Heery International, Inc. The Owner and the Environmental Consultant agree as set forth below: ARTICLE 1 DEFINITIONS The following words and phrases where appearing in initial capitalization, shall for the purposes of this Agreement have the following meanings: 1.1 PROJECT. The Project shall be all environmental work, as described herein, to be conducted in conjunction with demolition of the Candy Factory, including asbestos assessment, lead-based paint assessment, polychlorinated biphenyl (PCB) assessment, meetings, abatement plan preparation, abatement oversight and air monitoring, lighting installation, closeout document preparation, and as- needed consulting services. 1.2 SERVICES. The Services to be performed by the Environmental Consultant under this Agreement shall consist of the Basic Services and any Additional Services both as defined herein. 1.3 BASIC SERVICES. Basic Services shall consist of environmental services as described in Article 3, to be performed and provided by the Environmental Consultant under this Agreement in connection with the Project. 1.4 ADDITIONAL SERVICES. Additional Services shall consist ofthe environmental services agreed to be performed by the Environmental Consultant in connection with the Project, but which are not specifically designated as Basic Services in Article 3. 1.5 WORK. The Work shall consist of tasks identified in Paragraph 1.1 above. 1.6 PROJECT DOCUMENTS. The abatement and demolition phase of the Project shall be completed in accordance with the Project Abatement Plan and Specifications, which will be prepared by the Environmental Consultant and approved by the Owner prior to the execution of the Agreement between the demolition Contractor and the Owner: 1.7 CONTRACTOR. The Contractor is the person or entity which enters into an agreement with the Owner to perform the abatement and demolition on the Project, including, without limitation, the providing of labor, materials, and equipment necessary for the completion of the Project. The term "Contractor" means the Contractor or its authorized representative, but excludes the Construction Program Manager and the Environmental Consultant. 1.8 BASIC SERVICES COMPENSATION. Basic Services Compensation shall be fees designated in Article 4 to be paid by the Owner to the Environmental Consultant in connection with the performance of the Basic Services by the Environmental Consultant. 1.9 REIMBURSABLE EXPENSES. In connection with Additional Services, Reimbursable Expenses are those actual expenditures made by the Environmental Consultant, its employees, or its Professional Consultants in the interest of the Project including but not limited to, County standard per diem out-of-pocket expenses for travel and living expenses in connection with the Project, long distance telephone, expressage, professional consultants (other than those required for the performance of the Basic Services), and Owner-approved document reproduction. Pre-approved document reproduction expenses include expenses incurred for Bidding Documents, exclusive of addenda, and documents issued for permitting and/or construction. 1.10 OWNER/CONSTRUCTION PROGRAM MANAGER CONTRACT. The Owner/Construction Program Manager Contract is the agreement between the Owner and the Construction Program Manager dated May 6, 2004 for the performance of construction program management services on the Project. 1.11 MASTER SCHEDULE. The Master Schedule is a graphic display of the major activities, phases, sequences and timing of the major project activities for design, construction procurement, construction and occupancy. 1.12 CHANGE ORDER. A Change Order is the form of documentation from the Owner approving and authorizing a modification to the Master Schedule or previously approved contract documents. 2 ARTICLE 2 RELATIONSHIP OF THE PARTIES 2.1 ENVIRONMENTAL CONSULTANT SERVICES. The Environmental Consultant shall provide professional environmental services for the Project in accordance with the terms and conditions of this Agreement. The Environmental Consultant's performance of services shall be as professional consultant to the Owner to carry out the activities of Project and to provide the technical documents and supervision to achieve the Owner's Project objectives. 2.2 OWNER REPRESENTATION. The Construction Program Manager is under separate contract with the Owner to provide construction program management services. The Construction Program Manager has no environmental responsibilities of any nature. None of the activities of the Construction Program Manager supplant or conflict with the services and responsibilities customarily furnished by the Environmental Consultant or subconsultants in accordance with generally accepted environmental consulting practices, except as otherwise modified by this Agreement. The Environmental Consultant understands and agrees that the Construction Program Manager is the Owner's exclusive representative to the Environmental Consultant and Contractor insofar as this Agreement is concerned. All instructions by the Owner to the Environmental Consultant relating to services performed by the Environmental Consultant will be issued or made through the Construction Program Manager. All communications and submittals of the Environmental Consultant to the Owner and Contractor shall be issued or made through the Construction Program Manager, unless the Construction Program Manager shall otherwise direct. The Construction Program Manager shall have the authority to establish procedures, consistent with this Agreement, to be followed by the Environmental Consultant and Contractor and to call periodic conferences to be attended by the Environmental Consultant, and subconsultants, throughout the term of this Agreement. 2.3 Environmental Consultant understands and agrees that it is not a third party beneficiary of any contract between the Owner and the Construction Program Manager or of their performance there under. Environmental Consultant waives any rights, claims or causes of action it may have as an alleged third party beneficiary of any such contract or of the performance of the parties there under. 2.4 ENVIRONMENTAL CONSULTANT REPRESENTATION 2.4.1 The Environmental Consultant shall provide a list of all consultants which the Environmental Consultant intends to utilize relating to the Project. The list shall include such information on the qualifications of the consultants as may be requested by the Owner. The Owner, through the Construction Program Manager, reserves the right to review the consultants proposed, and the 3 Environmental Consultant shall not retain a consultant to which the Owner, through the Construction Program Manager, has a reasonable objection. 2.4.2 The Environmental Consultant shall provide to the Owner, through the Construction Program Manager, a list of the proposed key project personnel of the Environmental Consultant and its consultants to be assigned to the Project. This list shall include such information on the professional background of each of the assigned personnel as may be requested by the Owner, through the Construction Program Manager. Such key personnel and consultants shall be satisfactory to the Owner and shall not be changed except with the consent of the Owner unless said personnel cease to be in the Environmental Consultant's (or its consultants, if applicable) employ. 2.5 DIVISION OF RESPONSIBILITIES/SERVICES. The Environmental Consultant understands and agrees that should the Construction Program Manager provide the Environmental Consultant with any estimating assistance, cost or time control recommendations or other consultation, recommendations or suggestions, any or all such activities on the part of the Construction Program Manager or any other representative of the Owner shall in no way relieve the Environmental Consultant of the responsibility of fulfilling its obligations and responsibilities under this Agreement. 4 ARTICLE 3 BASIC SERVICES 3.1 SCOPE OF SERVICES Augusta Richmond County proposes to demolish the former candy factory on Telfair Street in order to provide a building site for the proposed new Main Library. It consists of several connected, multistory structures built at various times and of varying construction types. Portions of the abandoned buildings have recently been used for office, educational and judicial functions. Former candy production areas have largely remained unused for at least a decade. Construction types include reinforced concrete, masonry load bearing, steel frame and wood frame. Augusta Richmond County also proposes to demolish the former Liberty Loan office building, located adjacent to the candy factory property. The loan building is a stand-alone, single story masonry building fronting 9th Street, across from the existing Main Library. The scope of work will include HAZMAT surveying and testing of these structures, preparation of a Abatement Plan and Specifications, air monitoring, abatement compliance inspections and professional support of environmental issues that may arise during abatement and demolition work. Specific tasks included are: 1. Locate, sample and analyze suspected asbestos-containing materials (ACM) in the structures identified herein. 2. Locate, sample and analyze suspected lead-containing materials (LCM) m the structures identified herein. 3. Locate, sample and analyze suspected lead-containing materials (LCM) m the structures identified herein. 4. Locate and analyze suspected Polychlorinated Biphenyls (PCB) in the structures identified herein. 5. Locate any other discovered suspected hazardous materials m the identified structures or otherwise within the property boundaries. 6. Produce a HAZMAT Building Survey Report summanzmg findings and recommendations, with individual sections for ACM, LCM and PCB's. Include type and extent of each hazardous material, an estimated cost for abatement, and an estimated schedule for abatement. 7. Meet with Owner's Project Manager to discuss Survey Report, recommendations and preparation of abatement specifications and plans. 5 8. Prepare bidding/contract documents for demolition contractor, including specifications, drawings and/or photographs, work procedures, air sampling, disposal requirements, etc., as required to provide a scope of work definition which facilitates production of a fixed cost bid by a Georgia licensed abatement contractor. Such contract documents shall require that all abatement work be done in accordance with Federal, State and Local regulations. 9. Attend Demolition Pre-Proposal Conference and subsequent tour of buildings. 10. Assist in analysis of Bids or Proposals for abatement work. 11. Provide oversight of abatement and remediation activities, including monitoring HAZMAT removal, compliance with contract documents, air sampling and testing. 12. Conduct air sampling during abatement work and laboratory analysis of samples within 24 hours. 13. Provide daily site observation reports of abatement activities and a final inspection report once all abatement work is completed. 14. Provide a closeout report, within 30 days of completion of abatement work, including description of completed abatement work and certification that work has complied with applicable Federal, State and Local laws and regulations. Include site inspection reports, daily reports and copies of waste manifests for the disposal of hazardous waste. 15. Provide professional consulting on an "as needed" basis, for any issue of environmental concern that arises during building demolition, subsequent to HAZMAT abatement. 16. Attached Exhibit B is a copy of the Environmental Consultant's proposal, setting forth the scope of work in greater detail. In the event of any conflicts between the main body of this Agreement and Exhibit B, the main body shall govern. The attached Exhibit C is a copy of the approved, standardized fee schedule that outlines the number of ACM, LCM and PCB samples to be collected as well as the costs associated with fulfilling the Scope of Basic Services outlined in this Agreement and detailed in Exhibit B. 3.2 ENVIRONMENTAL CONSULTANT'S PROFESSIONAL RESPONSIBILITY AND STANDARD OF CARE 3.2.1 By execution of this Agreement, the Environmental Consultant warrants that (a) it is an experienced environmental firm having the skill and the legal and professional ability necessary to perform all the Services required of it under this Agreement in connection with the Project contemplated herein; (b) it has the capabilities and resources necessary to perform its obligations hereunder; and (c) 6 it is familiar with all current laws, rules and regulations which are applicable to the Project (such laws, rules and regulations including, but not limited to, all local ordinances, city, county, state and federal authorities which are applicable to the Project, and all orders and interpretations by governing public authorities of such ordinances, requirements, laws, rules and regulations in effect at the time of commencement of services on the Project), and that all drawings, specifications and other documents prepared by the Environmental Consultant shall be prepared in accordance with and shall accurately reflect and incorporate all such laws, rules and regulations. 3.2.2 The Environmental Consultant hereby represents and agrees that the drawings, specifications and other documents prepared by it pursuant to this Agreement shall be complete and functional for the purposes intended, except as to any deficiencies which are due to causes beyond the control of the Environmental Consultant. 3.2.3 The Environmental Consultant shall be responsible for any errors, inconsistencies or omissions in the drawings, specifications, and other documents. while the Environmental Consultant cannot guarantee the various documents required herein to be completely free of minor human errors and omissions, it shall be the responsibility of the Environmental Consultant throughout the period of performance under this Agreement to use due care with professional competence. The Environmental Consultant will correct at no additional cost to the Owner any and all errors and omissions in the drawings, specifications and other documents prepared by the Environmental Consultant. The Environmental Consultant further agrees, at no additional cost, to render assistance to the Owner in resolving problems relating to the design or specified materials. 3.2.4 It is the responsibility of the Environmental Consultant to make certain that all drawings, specifications and other documents are in accordance with applicable laws, statutes, building codes and regulations and that appropriate approvals are obtained from Federal, State and local governments. 3.3 PROJECT CONFERENCES Throughout all phases of the Project, the Environmental Consultant and its consultants shall meet periodically with the Owner and Construction Program Manager when reasonably requested. Attendees shall be as jointly determined by the Owner, Construction Program Manager and Environmental Consultant. As a minimum, regularly scheduled meetings which the Environmental Consultant will attend include: 1. Project Launch Meeting 2. Assessment Review/Pre-Abatement Plan Meeting 3. Abatement Plan Review Meeting 4. Contractor Pre-Bid Meeting 7 ARTICLE 4 COMPENSATION 4.1 BASIC SERVICES COMPENSATION 4.1.1 The Owner shall compensate the Environmental Consultant in accordance with the terms and conditions of this Agreement, including the following: 4.1.2 For the Basic Services of the Environmental Consultant, Basic Services Compensation shall be in the not-to-exceed amount of eighty-six thousand nine hundred sixty-three Dollars ($ 86,963.00 ). 4.1.3 The Basic Services Compensation stated in Paragraph 4.1.1 includes all compensation and other payments due the Environmental Consultant (manpower, overhead, profit, expenses, direct costs, etc.) in the performance of the Basic Services. 4.2 PAYMENTS TO THE ENVIRONMENTAL CONSULTANT. Payments on account of the Environmental Consultant shall be made as follows: 4.2.1 Payments for Basic Services shall be made upon completion of each of the following line items: Amount Due Asbestos Assessment.................................................................. $7920.00 Lead-Based Paint Assessment........ ...... ... ... ...... ........ ... ...... .... ..... ..$4873.00 PCB Assessment.... ... ... ...... ...... ...... ... .... ... ... ...... ... ..... ... .... ...... ....$3736.00 Building Assessment Meeting..................................................... .$1830.00 Abatement Plan Preparation/Review/ApprovaL............. .................. $15,784.00 Abatement Oversight and Air Monitoring (payments for this item will be made on a monthly basis, in proportion to the amount of work completed).................................................................... .....$36,630.00 Closeout Documentation Preparation...................................... .... ..$6670.00 Installation of Temporary Lighting (payment shall be determined by approved electrical subcontractor's bid and invoice, plus 10% administrative fee for Environmental Consultant ..........................TBD As-Needed Consulting Services (demolition phase)... ................... .. ...$1520.00 4.2.2 No deductions shall be made from the Environmental Consultant's Basic Services Compensation on account of penalty, liquidated damages, retainage or other sums withheld from payments to Contractor. 4.2.3 If the Project is suspended for more than six months or abandoned in whole or in part by the Owner, the Environmental Consultant shall be paid compensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment, and all reasonable termination expenses resulting 9 from such suspension or abandonment. If the Project is resumed after being suspended for more than six months, the Environmental Consultant's Basic Services Compensation shall be equitably adjusted. 4.3 ADDITIONAL SERVICES COMPENSATION 4.3.1 With respect to any additional services performed by the Environmental Consultant hereunder, the Environmental Consultant and Owner shall negotiate an equitable adjustment to the Basic Services Compensation. However, if negotiations are not successful prior to the time the additional services are needed, the Owner may elect to contract with another entity to perform the Additional Service(s); or the Owner may direct the Environmental Consultant to proceed with the Additional Services on a time spent basis with Additional Compensation Services to be computed as follows: 4.3.1.1 Should the Owner elect to contract with a separate entity to perform Additional Services, as described under Paragraph 4.3.1, the Environmental Consultant shall comply with reasonable requests from Owner, without additional compensation, with regards to coordination of work with the respective separate entity. 4.3.2 Payments for Additional Services of the Environmental Consultant shall be made monthly upon presentation of the Environmental Consultant's statement of services, fully supported by invoices, time cards, and other documentation as requested by the Owner. 4.4 ACCOUNTING RECORDS 4.4.1 Records of the Environmental Consultant with respect to Additional Services and payroll, consultant and other expenses (including Reimbursable Expenses) pertaining to the Project, shall be kept on generally accepted accounting principals and shall be available to the Owner or its authorized representative for inspection and copying at mutually convenient times. 4.4.2 At the request of the Owner or its authorized representative the Environmental Consultant will supply in a timely manner and certify as accurate, unaltered copies of all time sheets, invoices, and other documents to substantiate and document any and all Additional Services and Reimbursable Expenses. 10 ARTICLE 5 PERIOD OF SERVICE 5.1 Specific dates relating to the period of services will be set forth in the Master Schedule. 5.2 Unless earlier terminated as provided in Article 10 hereof, this Agreement shall remain in force for a period which may reasonably be required for the Basic Services and Additional Services hereunder. However, the provisions of the Agreement relating to Professional Responsibility (paragraph 3.2); Dispute Resolution (Article 11); Professional Liability coverage (Article 8); Indemnification (Article 9); and Ownership of Documents/Confidential Information (Article 13) shall remain in effect after termination of the other provisions of the Agreement. 5.3 If the Project is delayed through no fault of the Owner or Environmental Consultant, all specific dates noted in the Master Schedule that are affected by the delay will be adjusted by the number of calendar days of the delay. This includes delays beyond the control of the Owner or Environmental Consultant, and any unforeseen conditions. 5.4 If the Owner materially revises the Project, a reasonable time extension and/or credit shall be negotiated between the Environmental Consultant and the Owner. 5.5 Time is of the essence of this Agreement. ARTICLE 6 OWNER'S RESPONSIBILITIES 6.1 The Owner shall provide full information regarding the requirements for the Project. 6.2 The Owner shall examine documents submitted by the Environmental Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Environmental Consultant's Services. 6.3 The Owner shall furnish information and approvals required of it expeditiously, for orderly progress of the Work and shall endeavor to adhere as closely as possible with the time conditions for such Owner activities as set forth in all approved schedules for the Project. 11 ARTICLE 7 NOTICES 7.1 Any notice required by this Agreement or other communications to either party by the other shall be in writing and deemed given when delivered personally or five (5) days after deposit in the United States Post Office, postage prepaid certified mail, return receipt requested, addressed as follows, or to such other address as shall be duly given by notice meeting the requirement of this Article. 7.2 To Owner: Mr. Garrett Weiss, P.G. Augusta Richmond County Environmental Engineer 530 Greene Street, Room 702 Augusta, GA 30911 7.3 To Environmental Consultant: Mr. Jeff Morrison Earth Tech 1455 Old Alabama Road Suite 170 Roswell, GA 30076 7.4 With Copy to Construction Program Manager: Mr. Bob Munger Heery International, Inc. 501 Greene Street; Suite 313 Augusta, GA 30901 12 ARTICLE 8 INSURANCE 8.1 The Environmental Consultant shall purchase and maintain insurance for protection from claims under worker's or workmen's compensation acts; claims resulting from negligent acts or omissions for damages because of bodily injury, including personal injury, sickness, disease or death of any of the Environmental Consultant's employees or any other person; claims for damages because of injury to or destruction of personal property including loss of use resulting there from; and claims arising out of the performance of this Agreement and caused by negligent acts or omissions for which the Environmental Consultant is legally liable. Minimum limits of coverage shall be: INSURANCE DESCRIPTION Minimum Required Coverage a. Worker's Compensation Statutory b. Public Liability Bodily Injury: Each Person Bodily Injury: Each Accident Property Damage: Each Accident $1,000,000 Combined Limit $100,000 $200,000 $100,000 c. Automobile Liability & Property Damage Bodily Injury: Each Person Bodily Injury: Each Accident Property Damage: Each Accident $1,000,000 Combined Limit $100,000 $200,000 $100,000 d. Professional Liability: $1,000,000 per Loss/Claim 8.2 Evidence of such insurance shall be furnished to the Owner, and the Owner shall receive thirty (30) days prior written notice of any cancellation, non-renewal or reduction of coverage of any of the policies. Upon notice of such cancellation, non- renewal or reduction, the Environmental Consultant shall procure substitute insurance so as to assure the Owner that the minimum limits of coverage are maintained continuously throughout the period of this Agreement. 8.3 The Environmental Consultant shall deliver to the Owner a certificate of insurance for its Professional Liability coverage. 8.4 All insurance policies (with the exception of Professional Liability) required under this Agreement shall name the Owner as an additional insured for the insurance and shall contain a waiver of subrogation against the Owner. 13 ARTICLE 9 INDEMNIFICATION 9.1 Notwithstanding anything to the contrary contained herein, the Environmental Consultant shall indemnify and hold harmless the Owner, the Construction Program Manager and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, to the extent arising out of or resulting from (i) the Environmental Consultant's performance or failure to perform its obligations under this Agreement and (ii) any claim, damage, loss or expense attributable to bodily injury, sickness, disease or death, or to injury to or destruction of personal property including the loss of use resulting there from and caused in whole or in part by any negligent act or omission of the Environmental Consultant, anyone directly or indirectly employed by the Environmental Consultant or anyone for whose acts the Environmental Consultant may be liable. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Article. 9.2 Except as otherwise set forth in this Agreement, the Environmental Consultant and the Owner shall not be liable to each other for any delays in the performance of their respective obligations and responsibilities under this Agreement which arise from causes beyond their control and without their fault or negligence, including but not limited to, any of the following events or occurrences: fire, flood, earthquake, epidemic, atmospheric condition of unusual severity, war, state or local government acting in its sovereign capacity, and strikes. Owner shall not be liable to the Environmental Consultant for acts or failures to act by Construction Program Manager, the Contractor, or the Owner's consultants. 14 ARTICLE 10 TERMINATION OF AGREEMENT 10.1 If (1), the Owner abandons the Project or the Project is stopped for more than six (6) months due to actions taken by the Owner, or under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable through no act or fault of the Environmental Consultant or its agents or employees, or (2), the Owner has failed to substantially perform in accordance with the provisions of this Agreement due to no fault of the Environmental Consultant and such non-performance continues without cure for a period of thirty (30) days after the Owner receives from the Environmental Consultant a written notice of such nonperformance (including a detailed explanation of the actions of the Owner required for cure), the Environmental Consultant may, upon fifteen (15) day's additional written notice to the Owner, terminate this Agreement, without prejudice to any right or remedy otherwise available to the Owner, and recover from the Owner payment for all services performed to the date of the notice terminating this Agreement. 10.2 Upon the appointment of a receiver for the Environmental Consultant, or if the Environmental Consultant makes a general assignment for the benefit of creditors, the Owner may terminate this Agreement, without prejudice to any right or remedy otherwise available to the Owner, upon giving three (3) working days written notice to the Environmental Consultant. If an order for relief is entered under the bankruptcy code with respect to the Environmental Consultant, the Owner may terminate this Agreement by giving three working days written notice to the Environmental Consultant unless the Environmental Consultant or the trustee: (1), promptly cures all breaches; (2), provides adequate assurances of future performance; (3), compensates the Owner for actual pecuniary loss resulting from such breaches; and (4), assumes the obligations of the Environmental Consultant within the statutory time limits. 10.3 If the Environmental Consultant persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply sufficient properly skilled staff or proper materials, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority jurisdiction, or otherwise substantially violates or breaches any term or provision of this Agreement, then the Owner may, without prejudice to any right or remedy otherwise available to the Owner, and after giving the Environmental Consultant written notice, terminate this Agreement. 10.4 Upon termination of this Agreement by the Owner under Paragraph 10.2 or 10.3, it shall be entitled to furnish or have furnished the Services to be performed hereunder by the Environmental Consultant by whatever method the Owner may deem expedient. Also, in such cases, the Environmental Consultant shall not be entitled to receive any further payment until completion ofthe Work; and the total compensation to the Environmental Consultant under this Agreement shall be the amount which is equitable under the circumstances. If the Owner and the 15 Environmental Consultant are unable to agree on the amount to be paid under the foregoing sentence, the Owner shall fix an amount, if any, which it deems appropriate in consideration of all of the circumstances surrounding such termination, and shall make payment accordingly. 10.5 The Owner may, upon thirty day's written notice to the Environmental Consultant terminate this Agreement, in whole or in part, at any time for the convenience of the Owner, without prejudice to any right or remedy otherwise available to the Owner. Upon receipt of such notice, the Environmental Consultant shall immediately discontinue all services affected unless such notice directs otherwise. In the event of a termination for convenience of the Owner, the Environmental Consultant's sole and exclusive right and remedy is to be paid for all work performed and to receive equitable adjustment for all work performed through the date of termination. The Environmental Consultant shall not be entitled to be paid any amount as profit for unperformed services or consideration for the termination of convenience by the Owner. 10.6 Should the Owner terminate the Environmental Consultant as provided for under this Article, the Owner will acquire such documents, including the ownership and use of all drawings, plans, specifications, documents and materials relating to the Project prepared by or in the possession of the Environmental Consultant. The Environmental Consultant will turn over to the Owner in a timely manner and in good unaltered condition all such original documents and materials. 10.7 The payment of any sums by the Owner under this Article 1 0 shall not constitute a waiver of any claims for damages by the Owner for any breach of the Agreement by the Environmental Consultant. 16 ARTICLE 11 DISPUTE RESOLUTION If a dispute arises out of or related to this Agreement, or its alleged breach, and if that dispute has not been settled through direct discussions within a reasonable period, the parties to this Agreement agree to first endeavor to settle the dispute in an amicable manner by submitting the dispute to a mutually acceptable mediator under the Construction Industry Mediation Rules, before having recourse to a judicial forum. Each party further agrees that it will endeavor to follow a similar dispute resolution procedure to resolve any disputes against any third parties (including the Contractor and Construction Program Manager) which arise out of or relate to work. Should mediation of disputes prove unsuccessful, the parties to this Agreement agree that the matter(s) in question will be decided in the Superior Court of Richmond County, Georgia. By signing this Agreement, the Design Consultant waives any right to contest the venue in the Superior Court of Richmond County, Georgia. ARTICLE 12 SUCCESSORS/ASSIGNMENT 12.1 This Agreement shall inure to the benefit of and be binding on the heirs, successors, assigns, trustees and personal representatives of the Owner, as well as the permitted assigns and trustees of the Environmental Consultant. 12.2 The Environmental Consultant shall not assign, sublet or transfer its interest in this Agreement without the written consent of the other, except that the Environmental Consultant may assign accounts receivable to a commercial bank or financial institution for securing loans, without prior approval of the Owner. 17 ARTICLE 13 OWNERSHIP OF DOCUMENTS/CONFIDENTIAL INFORMATION 13.1 The Environmental Consultant agrees to transmit a digital copy of all plan text and drawings and closeout documents to Owner prior to project closeout. Said electronic files and documents are not to be used by the Owner on projects at separate facilities without a written agreement with the Environmental Consultant, except as provided for under Paragraph 10.6. 13.2 In order for the Environmental Consultant to fulfill this Agreement effectively, it may be necessary or desirable for the Owner to disclose to the Environmental Consultant confidential and proprietary information and trade secrets pertaining to the Owner's past, present and future activities. The Environmental Consultant hereby agrees to treat any and all information gained by it as a result of the Services performed hereunder as strictly confidential. The Environmental Consultant further agrees that it will not disclose to anyone outside of the authorized Project team (i) Owner's trade secrets during the period of this Agreement or thereafter or (ii) Owner's confidential and proprietary information during the period of this Agreement and thereafter for a period of 2 years. 18 ARTICLE 14 ADDITIONAL PROVISIONS 14.1 This Agreement and its Exhibits and Attachments represent the entire and integrated agreement between the Owner and the Environmental Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Environmental Consultant. 14.2 Unless otherwise specified, this Agreement shall be governed by the law of the State of Georgia, U.S.A. 14.3 If anyone or more of the provisions contained in this Agreement, for any reason, are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 14.4 Except where specifically stated otherwise, all periods of time stated in terms of days shall be considered periods calculated in calendar days. 14.5 The headings or captions within this Agreement shall be deemed set forth in the manner presented for the purposes of reference only and shall not control or otherwise affect the information set forth therein or interpretation thereof. 14.6 For the purpose of this Agreement unless the context clearly indicates otherwise, the singular includes the plural, and the plural includes the singular. 14.7 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and the counterparts shall constitute one and the same instrument, which shall be sufficient evidence by anyone thereof. 19 This Agreement executed the day and year first written above. OWNER ENVIRONMENTAL CONSULTANT Augusta, Georgia, a political Earth Tech, Inc. Subdivision of the State of Georgia Acting by and through the tiu~((Sk4- Ricnmond County Commission \,. .', :.:.-........ ~ By: ( Q~..{. /~ /:>><..:\ :I</~",^ rfl Deke & Copenhaver ~l t::.:., 'b':'::{ ,3. 11\) MaYO~r ~ l;~~~~:.~:::~~~~''!' . rJ/J V t.......... / .. .. . .. '. " . . . l~~.'.'~'..~~~~""" i Attes . ~ ;Al-t;e' .......':- J"! Clerk: . i..... ......-.....:. ~...... ............. t....i..i..~......... I' . .. .. .. .. .. . . . . ~-'..."..."...'~" -'~..:"'~.." .... v~ 3).s;0t? !11/~'--V- :l). M c-r v:, <';t~ I I 3 I~ (')(,. 20 10 Task Name Award Env. Engr. Contract _.w_~w_"w,.., .....~~ """_"_~"W Contract Negotiation & Approval Project Launch Meeting nt EXHIBIT A MASTER SCHEDULE rt 2/13/06 2/13/06 ""'''"''"~''"'''"'-'~'''''' 4/1 0/06 ,..,w~~~,.,w 4/10/06 """~~n.,,,~~ 4/21/06 4/24/06 Meeting 5/12/06 ""W"'W' "m"'~~~=,~ 5/15/06 6/23/06 ...... ..6/23/061--4----T----------- "6/23---- ...-6/26/06-~~~~i 6/30/06 6 7/3/06 7/21/0 7/21/06 7/21/6.61---- ...!!,!4/06"si11"106L.__ 8/14/06 11/3/06! i I i __M___M__M___-1-___ @ Earth Tech 1455 Old Alabama Road Suite 170 Roswell. GA 30076 T 770.990.1400 F 770.990.8721 www.earthtech.com A 'fqeD Inlernalional LId. Company November 1 , 2005 Ms. Geri A. Sams Procurement Director Augusta-Richmond County 530 Greene Street, Room 605 Augusta, Georgia 30911 Subject: Request for Proposal # 05-138 Environmental Engineering Services for Demolition of the Candy Factory Earth Tech Proposal No. C-0051 L.R5 Dear Ms. Sams, Earth Tech and our teaming partners, The Brookehaven Group and Analytical Environmental Services, are pleased to provide this proposal for environmental engineering services to support demolition of the former Hollingsworth Candy Factory and the Liberty Loan Office building located in downtown Augusta. This proposal was prepared in accordance with bid specifications provided in Request for Proposal #05-138 and Addendum #1, issued by your department on October 25, 2005. This proposal addresses our approach to meet objectives required by the Commissioners of the unified government of Augusta-Richmond County at this proposed site for a new Main Library. These objectives are performance of hazardous materials surveys, development of remedial action plans, assist in the bidding process for the abatement work, and oversight of remediation activities. Earth Tech has assembled a team of partners consisting of qualified and experienced environmental professionals to fulfill these objectives. As requested, our Fee Proposal is enclosed in a separate sealed envelope along with this proposal. The envelope contains our proposed Fee Structure and an estimated fee amount based on assumed quantities of labor and materials. Please direct questions concerning our proposal to the lead contact for this project, Mr. Jeff Morrison, at (770) 990-1439. We appreciate the opportunity to submit this proposal to Augusta-Richmond County. Sincerely, Earth Tech, Inc. Ju Ii) jJ ~. ~1'~'tM__ J D. Morrison Project Manager ])-11 P. 5...k I~( William L. Brown, P.E. Director/Section Manager Ene.: (1) unbound original (5) bound copies (1) separate envelope with fee proposal Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 Table of Contents 1 - Scope of Services 2 - Experience and Capacity 3 - References 4 - Project Team Appendix A - Required Forms and Certifications 1 3 9 10 22 @ EarthTech TOC A Tyco International ltd. Company Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 1 - Scope of Services Services will be provided in three phases according to the objectives of the Augusta-Richmond County (ARC) Commissioners: Phase 1- Performance of Hazardous Materials Surveys Prior to performance of the hazardous material surveys, a Health and Safety Plan will be developed to protect workers performing the surveys. The plan will include provisions for installing temporary lighting to be provided by ARC in areas of the facilities that are insufficiently illuminated to allow effective hazardous materials assessment. The lighting materials listed in Attachment G of Addendum #1 will be installed by a licensed electrical contractor. The temporary lighting will remain in place for the subsequent remediation work performed under the demolition contractor's scope of services. The hazardous materials surveys will include the following tasks: . Inspect the referenced facilities for hazardous materials, including suspect asbestos- containing materials (ACM), suspect lead-containing materials (LCM), suspect Polychlorinated Biphenyls (PCB), and other suspected hazardous materials such as mercury within the property boundaries. . Obtain and analyze a representative number of samples to identify and confirm suspeCt materials. Field and laboratory methods will be used to determine which materials are hazardous. All survey work, including sampling, will be conducted by an AHERA-Certified Asbestos Inspector. . Prepare a HAlMA T Building Survey Report with individual sections for each type of hazardous material that is identified. The sections will describe the location, condition, and extent of the hazardous material, an estimated abatement cost, and an estimated schedule for the subsequent abatement. The report also will contain a summary of the findings and recommendations for remedial action. Two bound copies of the HAlMA T Building Survey Report will be delivered to the ARC project manager along with one unbound copy suitable for reproduction. Phase 11- Development of Remedial Action Plans A meeting with the ARC project manager will be held to discuss the findings and recommendations of the HAlMA T Building Survey Report prior to preparing the abatement specifications and plans. The remedial action plans will include the following tasks: . Prepare for review by the ARC project manager two bound sets of Contract Documents to be used by contractors to prepare fixed cost bids. The Contract Documents will include specifications, drawings, photographs, work procedures, air sampling procedures, disposal requirements, and other work needed to define the scope of work for Georgia-licensed abatement contractors. The Contract Documents @ EarthTech A Tyco International ltd. Company Page 1 Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 will require that all abatement work be done in accordance with Federal, State, and Local regulations, including but not limited to: - 40 CFR 61 Subpart M (NESHAP), 40 CFR 763 (AHERA), - 29.CFR 1926.1101, and - 29 CFR 1910.134. After approval of the draft Contract Documents by the ARC project manager, one final set of reproducible COr:ltract Documents, suitable for inclusion in a set of demolition bid documents or a Request for Proposal (RFP), will be submitted to the ARC Project Manager. Phase III - Oversight of Remedial Activities During the bidding process for abatement and demolition contractors, a Pre-Proposal Conference and subsequent tour of buildings will be attended. Once the bids are submitted, assistance will be provided in analyzing the bids or proposals that are received by ARC for abatement work. Oversight of the remedial activities will include the following tasks: . Provide oversight of abatement and remediation activities including monitoring of hazardous materials removal, compliance with contract documents, and compliance with air sampling and testing procedures. . Conduct air monitoring during abatement work and provide laboratory analysis of the collected air monitoring samples within 24 hours. . Prepare daily site observation reports of abatement activities to the ARC project manager and a final inspection report once all abatement work is completed. . Provide a closeout report that includes descriptions of completed abatement work and certification that work complies with applicable Federal, State, and Local laws and regulations. The closeout report will' include site inspection reports, daily reports, and copies of waste manifests for the disposal of hazardous waste. The report will be submitted to the ARC project manager within 30 days of completion of abatement work. . Provide additional professional consulting on an "as needed" basis for issues of environmental concern that may arise during building demolition subsequent to hazardous material abatement. Schedule Earth Tech and it's teaming partners are prepared to begin work on this project immediately following receipt of written notice to proceed from ARC. The closeout report will be submitted to the ARC project manager within 30 days of completion of the abatement work. Any other authorized work not included in the Scope of Services can be completed within a reasonable time frame mutually agreed upon by Earth Tech and the ARC project manager. @ EarthTech A Tyeo International lid. Company Page 2 Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 2 - Experience and Capacity Introduction to Earth Tech Earth Tech is a global provider of consulting, engineering, and construction services for the environmental, water/wastewater facilities, and transportation markets. Serving commercial, industrial, and government clients worldwide, the company employs 8,000+ people in over 130 offices in 17 countries. As part of Tyco Engineered Products and Services, Earth Tech combines its technical expertise with the resources of other Tyco businesses to provide turnkey project solutions, including financing, for its clients around the world. Earth Tech is headquartered in Long Beach, California. Because environmental laws can impose extensive liability on the owners and operators of contaminated property, Environmental Site Assessment (ESA) has become an essential element of most commercial and industrial real property transactions. Earth Tech performs hundreds of ESAs and Environmental Due Diligence Assessments (EDDAs) each year throughout the world. Most are for industrial, commercial, and financial clients, and often are conducted under the direction of legal counsel. We provide comprehensive assessments of both developed and undeveloped properties, seeking to identify actual or potential adverse environmental conditions. We are particularly experienced in evaluating industrial, mining, and large or old commercial facilities. Many of the commercial or industrial property transactions we have performed have involved multiple properties. Typically, multi-site projects are performed for those clients with widespread operations or aggressive acquisition programs, and often involve property that extends beyond US boundaries. These multi-site, multi-national projects often require quick turnaround on little notice, and we are proud of our ability to respond efficiently and effectively regardless of the number or location of sites. For example, Earth Tech successfully completed EDDA services at 92 manufacturing facilities in 10 countries within three weeks for a plastics manufacturing company. Relevant Experience S1. Marks Refinery Demolition, Assessment, and Site Restoration Florida Department of Environmental Protection, St. Marks, Florida Earth Tech performed assessment, demolition, and site restoration at this closed refinery. The St. Marks Refinery processed crude oil. and asphalt. In addition, the refinery produced stabilized naphtha, jet/kerosene, and diesel. The facility was built in the mid-1960s and was shutdown in late 1982. At the time work commenced, most on- site tanks and process equipment still contained various volumes of crude oil, sludges, asphalt, and various hazardous wastes. @ EarthTech Page 3 A Tyeo InlemalionalUd. Company Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 Earth Tech's services included site assessment; asbestos surveys and abatement oversight; ground-penetrating radar (GPR) survey; global positioning systems survey; materials survey; certified appraisals; demolition, and removal of 22 large aboveground storage and process tanks; clean out, demolition, and removal of several buildings; c1eanout, demolition, and removal of underground and aboveground piping; and clean out and demolition of the refinery process equipment. Chemicals of concern included petroleum constituents, metals, PCP and dioxin. In addition, Earth Tech was the site manager, which included day-to-day coordination of three other environmental consultants, perimeter air monitoring, officiating at daily site meetings, and providing total site infrastructure management. Materials management included handling and disposal of various hazardous and nonhazardous wastes including petroleum process oil, water, solids, sludges, asphalt, crude oil, and dioxin-containing materials. Earth Tech inspected all aboveground structures, equipment, and debris at the refinery to document and provide detail for appropriate disposition of waste materials following demolition activities. Tasks included determining special regulatory considerations under RCRA and TSCA and designating waste materials as recyclable, salvageable, hazardous, PCB, solid waste or construction, and demolition debris. The current scope of work includes additional assessment and materials characterization, soil excavation, waste pond excavation, construction of a berm for storm water control, installation of a cap, development of a long term groundwater monitoring plan and continued infrastructure maintenance. Asbestos and Lead Sampling Confidential Client, Atlanta, Georgia Earth Tech took samples of a cooling tower for asbestos and possibly lead before the tower was demolished and transported offsite for disposal for a major beverage manufacturing company, A visual inspection was done of the tank and the aboveground piping to the tank before the samples were taken and sent for analysis. A letter report was generated giving the results of the visual inspection and the asbestos analysis. In addition, when a renovation in various areas of the 320,000+ square foot facility identified asbestos in these areas, Earth Tech mobilized the next day to provide an asbestos survey, O&M plans, and abatement design and oversight monitoring for all the abatement activities, as well as providing air monitoring and confirmation sampling. Work was performed on time and within budgets. All Georgia regulatory requirements were met and reports were written and submitted by Earth Tech. @ EarthTech A Tyeo International Ltd. Company Page 4 ~ GIOlII:u. Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 Nationwide Environmental Services (lO/Q) United States Postal Service, Various Locations, Multiple States Earth Tech was one of four companies to be awarded a national environmental service contract by the United States Postal Service (USPS). This new contract replaced 270 existing USPS contracts and streamlined environmental support of approximately 40,000 USPS facilities nationwide. This IDIQ contract covered most environmental support activities, including environmental management system support, hazardous and solid waste management, identification of hazardous/toxic materials in buildings, risk assessments, air quality consulting, training programs, compliance auditing, public education, and economic analysis and business plan development. Delivery orders included asbestos/lead surveying and abatement oversight in Georgia, Southeast United States environmental compliance reviews; structural analysis of a roof system in Long Beach, California; installation of photovoltaic cells; hazardous materials and waste evaluation and awareness training at three Mail Recovery Centers; anthrax testing at facilities; incident command system training for USPS headquarters and field personnel; nationwide environmental threat response training; environmental project management training; flood damage assessment and emergency repairs in Texas; environmental compliance reviews; RCRIS database updates at over 200 facilities across the country; development of a cost model to evaluate the economic viability of removing or maintaining underground storage tanks (USTs) at 64 facilities in California, Hawaii and Guam; UST groundwater investigation in northern California; Louisiana district compliance project for bulk fuel facilities; environmental compliance status evaluation and baseline survey for boilers and water heaters at California facilities; model pilot for universal waste compliance initiative; Environmental Management System support in Georgia, Tennessee, and Florida; groundwater sampling in South Carolina; evaluation of industrial wastewater discharge pretreatment requirements in the 50 states and Washington, D,C. Activities under this contract included: . Environmental Management System Support . Design & Production of Environmental Training Programs . Hazardous & Solid Waste Management . Program/Project Management, Monitoring & Staff Support . Remedial Actions . Economic Analysis & Business Plan Development . Identification of Hazardous/Toxic Materials in Existing . Review, Assessment & Audit of Environmental Programs Buildings & Preparation of Operation/Maintenance Plans . Permitting . Site Selection Evaluations Studies . Environmental & Health Risk Assessment . Floodplain/Wetland Analysis & Investigations . Multimedia Compliance Auditing . Historical, Architectural & Archeological Investigations . Energy Program Development & Analysis . Traffic/Utility Impact Assessments . Stormwater & Groundwater Resource Planning, . Zoning & Land Use Compatibility Study Permitting & Mitigation . Air Quality Consulting . Risk-based Environmental Decision Analysis . Public Participation and Community Right to Know . Design & Production of Environmental Training Programs @ EarthTech A Tyeo International Ltd. Company Page 5 Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 Paper Mill Environmental Closure Plan International Paper Company, Mobile, Alabama Earth Tech developed an environmental closure plan, which included mill wastewater treatment system closure plans, mill area stormwater plan, off-site landfill closure plan, powerhouse asbestos survey, and Phase I environmental site assessments for the fire training area, salvage area, and warehouse. Mill wastewater treatment system closure plans included aerated stabilization basin closure plan and spills basin closure plan. Earth Tech also developed a planting plan for spills basin as part of closure. Phase 1/111111 Environmental Site Assessment Samsonite Furniture Company, Murfreesboro, Tennessee In preparation of Samsonite's sale of this former furniture manufacturing plant, Earth Tech performed a Phase I environmental site assessment following American Society of Testing Materials (ASTM) standards. Based on the findings of the assessment, Earth Tech developed site investigation plans for soil and groundwater sampling in areas of former tanks plating processes, and drains. Sample analysis included metals, VQCs, and petroleum hydrocarbons. In addition, Earth Tech conducted an asbestos survey to identify asbestos containing materials in the building. Based on the findings of the investigations, sampling, and risk assessment conducted by Earth Tech, Earth Tech recommended remedial activities to eliminate potential future liabilities. These included the removal of an aboveground storage tank containing plating wastes and the removal of soils from a former UST location. A sampling plan was developed to collect key geochemical soil data for documenting the high adsorptivity of nickel to the high-pH clay and limestone soils. These conditions had prevented migration of the nickel in groundwater even though the source area remained heavily impacted. Based on this documentation, the State of Tennessee approved a No Further Action closure plan and required only two additional quarters of groundwater monitoring. This successful natural. attenuation site management plan saved the client over one million dollars in unnecessary soil remediation efforts. In addition, Earth Tech acted as the liaison between the Tennessee Solid Waste Division and the client and negotiated with the state as to the remedial activities necessary for reasonable cleanup actions. These negotiations helped save Samsonite over $250,000. Earth Tech performed quarterly groundwater monitoring as agreed to with the state of Tennessee as follow-up to the remedial actions. Herlong Place Phase I Update/Asbestos RIVA Financial Services, Rock Hill, South Carolina Earth Tech conducted a Phase I environmental site assessment update for the property located at 139 Herlong Avenue identified as Herlong Place. Specifically, the property is located at the intersection of Herlong Avenue and Ebenezer Road. The objective of the project was to identify, to the extent feasible, environmental conditions which could @ EarthTech A Tyeo International Ltd. Company Page 6 Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 create an environmental liability to the current or future owner of the property. Because this project consisted of an update of a previous Phase I environmental site assessment, emphasis was placed on conditions at the property and surrounding properties which could have changed since the previous assessment was performed in 1991. The major work tasks associated with the update included: . Site reconnaissance of the property and buildings to identify evidence of hazardous substance use, storage, or disposal; . Review of available public records and databases and interviews with regulatory agency personnel to identify the presence of any off-site facilities, if any, which may impact the subject property; and . Preparation of a report of the findings of the update for submittal to the client. The report was presented in the form of a letter and documented the assessment procedures and findings. Additionally, the report provided recommendations for further assessment if determined warranted. Tuttle Federal Courthouse General Services Administration (GSA), Atlanta, Georgia Earth Tech is conducting air test monitoring for the second and fifth floor renovation and the asbestos and lead-paint abatement oversight at the United States Court of Appeals government building. Earth Tech is collecting representative air samples for the four abatement phases and will have them tested onsite using peM analysis. Additionally, Earth Tech will perform the final clearance air testing using EM analytical methods and final lead clearance surface wipe sampling for each phase in the building. Site visits and meetings with the government contracting officer's representative, contracting officer, and abatement contractor are coordinated and facilitated by Earth Tech. Under this contract, we have also performed asbestos and lead-paint inspections and developed abatement specifications for the renovation of federal courthouses in Brunswick, Athens and Gainesville, Georgia. We are a subcontractor to a small woman owned business for this contract. Greenspace Program Environmental Engineering Services and Assessments OeKalb County Parks and Recreation, OeKalb County, Georgia The Greenspace initiative was approved in March 2001. DeKalb County citizens approved a $125 million dollar bond referendum for Parks and Greenspace. To date, over 1,450 acres of land have been purchased for a cost of approximately $30 million dollars making the Greenspace initiative very successful. Mr. Mazaiwana, of The Brookehaven Group, performed environmental engineering services and assessments at various sites for the County, This work included property and facility inspections; asbestos, lead, radon and drum sampling/testing; soil and water sampling/testing; wetland determinations and delineations; real estate transaction screening; @ EarthTech A Tyeo InternationalUd. Company Page 7 Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 geotechnical investigations; and file and record reviews. In addition, he was responsible for writing detailed reports, as well as creating the record database for DeKalb County. In-house Capabilities/Capacity Earth Tech has a depth of in-house resources that will provide timely and quality project delivery to ARC during the entire course of this most important project. In addition to the key task management positions described in the next section, we have outlined in the resource chart to the right, a multi-discipline support staff available and fully capable of successfully working with ARC on this project. We also have offices of highly experienced and qualified staff in Charleston and Greenville, South Carolina, as well as in our Warner Robins, Georgia office. This group of technical and support staff frequently works with our Roswell Office as a part of our team on projects in Georgia. The Resource Chart also shows the combined resources of these two groups. Discipline Roswell Combined Offices Accountant 1 2 Archeoloqist 1 CADD Spec in lists 'I 16 Chemist 3 7 Clerical " 20 0 Construction Inspectors 10 15 Construction Manager 6 9 Engineer 10 22 Geogrnphic Information Specialist 2 7 Geologist 8 21 Procurement Specialist! Estimator 1 3 Professional Engineer 11 36 Public Relations Personnel 1 2 Risk Assessor 2 Remediation Specialist 23 26 Safety Personnel 3 5 Scientist 8 15 Senior Scientist 2 4 Toxicologist 2 Technician 7 12 Othersl Support Personnel 10 15 Total 118 242 @ EarthTech Page 8 A Tyco IntemationalUd. Company Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 3 - References Earth Tech is pleased to provide the following references for ARC's use: St. Marks Refinery Demolition, Assessment, and Site Restoration Florida Department of Environmental Protection Ms. Diane Pickett 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (850) 245-8898 Asbestos and Lead Sampling Coca-Cola Company Tom Storck Production Engineering Manager 3791 Browns Mill Road Atlanta, GA 303054 (404) 676-8560 Nationwide Environmental Services (IDIQ) United States Postal Service Tom Benson Contracting Officer Category Management Center PO Box 667190 Dallas, Texas 75266-7190 (214) 819-7117 Tuttle Federal Courthouse Smoak Designs Patty Smoak CEO 2000 Riveredge Parkway Suite 600 Atlanta, Georgia 30328 (770) 955-6531 @ EarthTech A Tyco International ltd. Company Page 9 Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 4 - Project Team Earth Tech has assigned personnel to this project based on our understanding of ARC's needs and desires for this project. All of the staff shown on the following organization chart have been involved in a wide variety of similar projects. The following chart demonstrates our team organization: Technical Advisor, QAlQC, Environmental Health & Safety Project Manager Jeff Morrison Earth Tech, Inc. Ellis Lumpkins Michael Verdon, CHMM Ersin Yalcin Earth Tech, Inc. Site Survey, Oversight & Air Monitoring Reports &Contract Documents TongaiMazawana,PG Abdoulie Bojang The Brookhaven Group Ellis Lumpkins Jeff Morrison Earth Tech, Inc. Tongai Mazawana, PG The Brookhaven Group . Laboratory Temporary Lighting Analytical Environmental Services, Inc. TBD Electrical Contractor Jeff Morrison, will be responsible for overall project management. Mr. Morrison has over 7 years of experience working with various types of clients performing assessments and remedial projects. Mr. Morrison has participated in or managed several projects consisting of similar activities and has direct knowledge of federal and state regulations. Earth Tech has brought together two qualified Disadvantaged Business Enterprises (DBE) to work on this project. The Brookehaven Group will be responsible for field and reporting activities. Analytical Environmental Services, Inc. will provide all laboratory services outlined in this proposal. €> EarthTech A Tyeo International Ltd. Company Page 10 Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 The Brookehaven Group (TBG) is a female, minority owned firm located within the Metro- Atlanta area. TBG is in a mentor-protege program with the Roswell Earth Tech office. TBG is a consortium of professional engineers. environmental scientists, program/project managers, construction professionals, water/waste water professionals, and IT specialists fused together to form a single-source consulting firm that provides innovative~ technical solutions for a diverse clientele. TBG is led by a team of seasoned professionals. Members of the team have been collectively serving in a professional capacity for over (60) sixty years. Analytical Environmental Services, Inc. (AES) is an independent, woman-owned environmental firm dedicated to providing quality laboratory services to both public and private industries. Located in Atlanta, Georgia since 1992, AES has provided hundreds of clients with environmental services conducted by a staff of dedicated scientists and professionals. AES has provided services for various types of clients, ranging from asbestos analysis to numerous soil and wastewater samples for private residences, municipalities, and industrial clients. This broad spectrum of laboratory services has allowed AES to be the laboratory of choice for major corporations, engineering firms, government agencies, waste treatment facilities, and National Pollution Discharge Elimination System (NPDES) permit holders. Full resumes for our proposed staff are shown on the following pages. @ EarthTech Page 11 A Tyco International Ltd. Company - Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 Jeff D, Morrison Project Manager Years Experience: 7 Education BS/1998/Geology Professional Licenses NICET Technician/#LeveI1 Experience Summary Mr. Morrison is a geologist in environmental and construction services with project experience in the following areas: asbestos investigations and abatement oversight, geologic investigations, remedial action oversight, construction oversight, proposal and report preparation, noise monitoring for roadway modeling, and client services/relations. Mr. Morrison is an Asbestos Inspector and Assessor as well as an Asbestos Management Planner. Project Experience Includes: Commercial Clients, Asbestos Management. Conducted asbestos surveys, asbestos delineation programs, asbestos abatement project supervision, asbestos training programs, and asbestos in-place management programs. Georgia Environmental Protection Division, Grant Street Brownfields Remediation, Atlanta, Georgia. Authored sections of the removal activities report, which summarized the site restoration, site security, and developing/managing all project-related documentation for lead- contaminated soil assessment, removal, and disposal. Commercial Client, Mold Abatement Management, Dublin, Georgia. Collected confirmation samples from an abatement site and prepared certification report. Delta Air Lines, 2005 CVG Fuel Farm Assessment, Florence, Kentucky. Project manager for assessment of the secondary containment structure of the jet fuel storage tanks located at the Cincinnati/Northern Kentucky International Airport. Managing an evaluation of soil conditions to determine if groundwater is affecting the integrity of the secondary containment areas. Confidential Client, Phase 1/11 Assessment, Adel, Georgia. Project manager for a Phase 1/11 ESA/limited site investigation for this real estate client. Northrop Grumman Corporation, Jefferson Electric Site Remedial Investigation, Athens, Alabama. Project manager overseeing the sampling and characterization of groundwater quality and flow characteristics at the site. Prepares annual investigation report and subsequent quarterly groundwater sampling reports. @ EarthTech Page 12 A Tjto Internalionallld. Company Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 J. Morrison (continued) Georgia Environmental Protection Division, Various Sites, Georgia. Project manager overseeing the system maintenance, subsequent sampling, and characterization of groundwater quality and flow characteristics at multiple sites. Prepared inv~stigation reports. Robins AFB, OU2 Wetlands and SWMU 23, Robins AFB, Georgia. Authored Construction Work Plan for the OU2 portion of this project in which approximately 5,000 cubic yards of sediment from a man-made drainage ditch was removed and disposed of at a Subtitle 0 landfill. Confidential Client, Compliance Site Assessment Report, Wilmington, North Carolina. Project team geologist responsible for providing planning, coordination, and oversight of monitoring well purging and sampling using low flow techniques. Prepared text, tables, and updated existing documents. Confidential Client, HSRA Compliance Status Report, Rome, Georgia. Project geologist during installation of monitor wells and collection of soil. samples using direct push technology. , Performed well development, groundwater level monitoring and sampling in the new installations. Managed samples, assisted in the collection of samples for lab analysis, maintained the chains of custody, provided data evaluation and assisted with the preparation of the Compliance Status Report. Royston, LLC, Jasper, Georgia. Project manager overseeing groundwater monitoring and sampling across the site as part of an ongoing annual groundwater monitoring program. Manage samples, assist in the collection of samples for lab analysis, maintain the chains of custody, provide data evaluation and prepare the reports for the client. Glenn Springs Holdings Inc., Tift HSRA Site, East Point, Georgia. Project geologist for the remediation of a former fertilizer manufacturing facility on a 3.83-acre parcel of land. Reviewed historical documents and reports, monitored and evaluated daily operations, collected soil and groundwater samples, installed and developed monitoring wells, and conducted purging, and sampling. Assembled, reviewed, and evaluated existing data/reports, field data, prepared site figures/maps and prepared a HSRA Compliance Status Report. CNA Holdings, Chemical Plant, Wilmington, North Carolina. Project geologist responsible for review of historical documents, and reports, review and evaluation of field data, and preparation of reports, project correspondences, and site maps and figures. Provided planning, coordination, and monitoring well purging and sampling using low flow purging methods. OSHA Training OSHA 40-hour Hazardous Waste Operations Training Training and Certifications Asbestos Inspection and Assessment, The Environmental Institute Asbestos Management Planner, The Environmental Institute Princeton Groundwater Seminar, Princeton Groundwater Nuclear Gauge Training, CPN ACT 1, ACI @ EarthTech Page 13 A Tyeo Internotionalltd. Company ~ ~ Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 Michael A, Verdon, CHMM Quality Assurance/Quality Control Years Experience: 13 Education BS/1992/Physics (Mathematics minor) Professional Licenses 2001/Certified Hazardous Materials Manager/#11 095 Experience Summary Mr. Verdon is a senior project scientist responsible for conducting environmental and safety compliance and remediation projects and heads the Compliance Services Department in Atlanta. He has conducted various environmental permitting projects including NPDES, RCRA waste activities, wastewater discharge, and Title V and SIP air emissions. He has also performed oversight of asbestos and lead abatement projects, as well as, provided environmental reporting, including Form R, Tier II, air emissions inventories, and hazardous waste reporting. He has managed multimedia (air, wastewater, stormwater, waste) compliance projects and conducted certified safety and environmental training courses. He manages costs, provides client support, and supervises technical personnel for large and small environmental consulting, engineering, and remediation projects. He has implemented emerging and state-of- the-art environmental industrial hygiene techniques and served as a radiation safety officer and health and safety officer. Project Experience Includes: Industrial, Commercial, and Governmental Clients, Asbestos Management. Conducted asbestos surveys, asbestos delineation programs, asbestos abatement project supervision, and asbestos in-place management programs. Served as project manager on large-scale asbestos remediation projects including City Hall building, Ft. Lauderdale, Florida; Hialeah Hospital, Miami, Florida; the Equitable Building, Atlanta, Georgia; Kennestone Hospital, Marietta, Georgia; Anthony Homes (Macon Housing Authority), Macon, Georgia; and a large beverage manufacturing facility, Atlanta, Georgia. Industrial, Commercial, and Governmental Clients, Lead-Based Paint Management. Conducted lead-based paint surveys, lead-based paint delineation programs, lead-based paint risk assessments, lead-based paint abatement project supervision, and lead-based paint in- place management programs. Served as project manager on large-scale lead (paint, soil, sediment) remediation projects including: Anthony Homes (Macon Housing Authority), Macon, Georgia; Cobb County Property Management Complex, Marietta, Georgia; American Tower Corporation tower site, Dalton, Georgia. Georgia Environmental Protection Division, Hazardous Site Cleanup, Atlanta, Georgia. Managed the assessment and cleanup of the 229 Grant Street remediation site in the heart of downtown Atlanta, Georgia, under the Georgia HSRA program (state CERCLA/Superfund equivalent). This project involved site restoration, site security, and developing/managing all project-related documentation for lead-contaminated soil assessment, removal, and disposal. All @ EarthTech Page 14 A Tyeo International Ltd. Company Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 M. Verdon, CHMM (continued) work was conducted in a high community-sensitivity environment as adjacent residential and nonresidential buildings were occupied for the duration of the project. The project was kept under budget despite encountering numerous buried obstacles (including compressed gas cylinders, historical foundations, and petroleum contamination) during the excavation activities. Central Castings, Environmental Health and Safety (EH&S) Compliance Services, Anniston, Alabama, Provided EH&S compliance services including hazardous materials inventory auditing (under HAZCOM regulations), assisting with the facility SPCC and SWPP plan revision and state permitting, and performing air emissions calculations for a modification to the facility's air permit. Conducted an industrial ventilation investigation to determine the exposure pathway and contaminant reduction strategies for carbon monoxide within the plant. Tyco Plastics, Safety Compliance Services, Covington, Georgia. Provided industrial hygiene monitoring and compliance services related to airborne chemical contaminant and noise exposure. Plantation Pipeline, Company-Wide EH&S Program Development, Multiple Sites, Southeastern United States. Produced a comprehensive environmental, health, and safety compliance manual. Evaluated existing programs and policies, integrated validated programs and policies, and developed invalid programs and policies for inclusion in the manual. Weyerhaeuser, Health & Safety and Industrial Hygiene Services, Montezuma, Georgia. Provided ongoing health and safety services including exposure assessments and job safety analyses for a wide range of positions throughout the facility. Addressed safety concerns identified through the OSHA VPP, which included exposure assessments for methylene chloride, sulfur dioxide, wielding fumes, and airborne particulate. Conducted job safety analyses for heat stress and vibration exposure as well as a personal protection equipment evaluation. Kennestone Hospital, Health & Safety and Industrial Hygiene Services, Marietta, Georgia. Conducted health and safety and industrial hygiene surveys in response to employee complaints and their respective physician's recommendations. Acted as a third-party mediator between hospital administration and staff during the study, which was considered a highly sensitive project by the client. Georgia Institute of Technology, Hazardous Materials Management. Conducted mercury contamination delineation, PCB sampling, hazardous materials sampling, and waste characterization for various facilities. Project manager for demolition and removal involving multiple structures. Atlanta Arena (Phillips Arena), Hazardous Materials Management. Supervised ongoing environmental monitoring during 24-hour excavation, tunneling, and auger-retrieval activities. Georgia Environmental Protection Division, Hazardous Site Cleanup, Pelham, Georgia. Managed assessment and cleanup of the Pelham phosphate remediation site in rural Pelham, Georgia, under the Georgia HSRA program. This project involved abandoned process chemical @ EarthTech Page 15 A Tyco Inlemalionalltd. Company Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 M. Verdon, CHMM (continued) and waste assessment and removal and developing/managing all project-related plans and documentation. All work was conducted in a rural, high community-sensitivity environment, as occupied residential properties were located in close proximity to the site. To provide the client with additional cost savings, recycled or reused materials including scrap metal, off-spec finished products, off-spec raw chemical materials, and abandoned farm equipment was utilized. Tyco and Other Industrial, Commercial and Governmental Clients, Southeastern United States. Conducted numerous indoor air quality and "sick building" investigations of airborne microbials, chemical vapors, mists and gasses, airborne particulate and fumes, and general indoor air quality aspects (relative humidity, temperature, carbon dioxide, and ventilation rates). Confidential Hospital, Industrial Hygiene and Indoor Air Quality (IAQ) Services, Atlanta Georgia. Established baseline airborne fungi concentrations in a hospital ward containing immuno-suppressed patients. Generated statistical data to identify the appropriate filtration system for the ward. OSHA Training OSHA 40-hour Hazardous Waste Operations Training OSHA 8-hour Hazardous Waste Operations Annual Refresher Training OSHA 8-hour Hazardous Waste Operations Site Supervisor Training Training and Certifications Permit-Required Confined Space Entry EPA Accredited AHERA Inspector NIOSH 582 Sampling and Analysis Advanced IAQ Investigation/Mitigation Scitec, Niton, & RMD X-Ray Fluorescence Training EPA Regulatory Compliance Stack Testing and Particle Sizing Advanced Industrial Hygiene Sampling @ EarthTech Page 16 A Tyeo International Ltd. Company - , 1li? ~ Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 Ellis Lumpkins Technical Advisor Years Experience: 21 Education Valencia Community College, Orlando, Florida Experience Summary Mr. Lumpkins has managed asbestos abatement design, inspection, assessment and air monitoring. His industrial hygiene experience includes health and safety plan review and implementation, management and performance of indoor and outdoor air quality assessments, and health and safety oversight. He has provided mold abatement management, inspection, assessment and air monitoring in school and commercial environments. RCRA and TSCA experience includes determination of regulatory considerations and designating waste materials as recyclable, salvageable, hazardous, PCB, solid waste or construction, and demolition debris. Phase I and II environmental evaluations include developing site use history, investigating hydrogeologic conditions, reviewing aerial photographs, and surveying adjacent sites for potential sources. He has conducted petroleum contamination assessment and remediation including assisting in design and construction of remediation systems to treat groundwater and soil vapor extraction to treat soil as well as supervising system installations. Project Experience Includes: United States Department of Labor, Job Corps Center Asbestos Inspection, Brunswick, Georgia. Project manager for asbestos consulting services during renovation of an academic, vocational, and social skills training facility, including upgrades to the internal and external electrical infrastructure. Manage identification of health concerns to workers and a visual inspection to verify that the previous inspection identified all asbestos-containing materials. United States Department of Labor, Job Corps Center Environmental Sampling and Asbestos Inspection, Gainesville, Florida. Project manager for environmental sampling and asbestos inspection at a 44,315-square-foot former television tube manufacturing facility that is now a campus for the Federal Job Corps. Managed and performed a complete analysis to confirm that all asbestos-containing materials have been identified in the dorm areas and to protect the health of the workers in an upcoming renovation. Confidential Client, Atlanta, Georgia. Project manager and project technician responsible for an asbestos survey, Operations and Maintenance (O&M), and abatement design and monitoring for a major beverage manufacturer (product syrup producer) within a facility of 320,000+ square feet. United States Postal Service, Florida and South Georgia. Project manager and project technician responsible for asbestos and lead survey, O&M, and abatement design and monitoring throughout the Florida peninsula and in southern Georgia, for facilities ranging from @ EarthTech Page 17 A Tyeo InternalionalUd. Company Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 E. Lumpkins (continued) 30,000 to 400,000+ square feet. Broward County Commissioners, Fort Lauderdale, Florida. Project manager and project technician responsible for IAQ and ACM assessments, O&M, and remediation design and monitoring efforts for numerous county buildings. ranging up to 400,000 square feet. Assisted the certified industrial hygienist with writing the final abatement report. Department of Management Services, State of Florida, Assistant project manager responsible for asbestos survey, O&M programs, and remediation, design and monitoring efforts for the Department of Transportation, Highway Patrol, Corrections Department, Facilities Management Division, Building Construction Division, Maintenance Bureau, and Health and Rehabilitative Services involving multi-story office buildings, prisons, mental health facilities and maintenance buildings. AFCEE, South Military Family Housing (MFH) Area, Lead-Based Paint Inspection, Satellite Beach, Patrick AFB, Florida. Site manager of a team that conducted a LCM physical conditions survey of the interior and exterior of a total of 738 MHF units. These teams visually inspected all interior and exterior surfaces of each MFH unit to assess the painted surfaces' physical condition. Produced a report consisting of individual floor plan drawings indicating potential hazardous areas. Coordinated with the base personnel and abatement crews to ensure that all potential contaminated areas were abated. Magnolia Manor, Green Cove Springs, Florida and New Port Richey Inn, New Port Richey, Florida. Performed Phase I environmental evaluation at a car dealership facility. Developed a site use history, investigated hydrogeologic conditions, reviewed aerial photographs, and surveyed adjacent sites for potential sources of contamination. Conducted asbestos sample collection and analysis. OSHA Training OSHA 40-hour Hazardous Waste Operations Training OSHA 8-hour Hazardous Waste Operations Annual Refresher Training Training and Certifications Lockout/Tagout Awareness and Basic Electrical Awareness Hazardous/Toxic Waste Management Annual Certification AHERA Asbestos Project Designer & Refresher, #2747 AHERA Management Planner & Refresher, #8475 AHERA Asbestos Abatement Supervisor & Refresher, #2478 NIOSH 582 - Airborne Asbestos Sampling and Evaluation, #NEQ-00190 AHERA Asbestos in Buildings: Inspection and Assessment AHERA Asbestos Project Designer Training, #7ME12299501 PD001 Introduction to Indoor Air Quality Course - University of Tulsa Indoor Air Quality Seminar - Florida Engineering Society Mold Assessment and Remediation in Buildings, Certification #1669 @ EarthTech Page 18 A Tyco Intern_lion_IUd. Company Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 Tongai Mazawana, PG Site Supervisor Years Experience: 8 Education MS/Earth Science BS/Geology Experience Summary Mr. Mazawana comes with several years of experience in environmental; water quality and habitat assessments. He has hands on experience with building inspections, as well as, asbestos and lead surveying, testing and oversight. He also has software experience, such as Surpac and mapping. OeKalb County Environmental Engineering and Assessments For land Acquisitions, Environmental Scientist. Responsible for conducting Phase I and Phase II environmental impact assessments of sites including residential, commercial and vacant land for clients such as DeKalb County Parks and Recreation Departments Greenspace Program. His duties included drafting field data, report writing, site reconnaissance, air photo interpretation, analysis of environmental conditions as defined by the ASTM and Georgia Comprehensive Environmental Response Compensation and Liability Act (CERCLA) listings. Duties also included building inspections for asbestos and lead, as well as sampling, testing and cleanup of affected sites and properties. Sacal Environmental, Environmental Technician. Supervised a crew that performed overhead cleaning, pressure washing, ice blasting, high-pressure vacuuming and other services required by the industry and the clients. Part of a crew performing lead and asbestos abatement for several municipal clients. Independence Mining Arcturus Zimbabwe, Geologist. Worked for a large mineral exploration company. His duties involved underground and surface mapping (cross section construction, correlating lithologic and geophysical logs etc) logged about 10,000 feet of core, surveying, using GPR, sample collection (soil, rock and water) including stream sediment sampling and gold reserve calculation using software such as Surpac. He was also responsible for all report writing. Also participated on the team that performed air monitoring and stream monitoring around mines. His duties included watershed surveys, habitat assessments, surface and groundwater sampling to assess water quality. Musiwa Environmental, Assistant Geologist. Worked with a team on Environmental Impact Assessment Projects for large mines. His duties included sample collection (soil and rock using geoprobes and augers), sample analysis using X-Ray diffraction, statistical analysis of data, data management and report writing. @ EarthTech Page 1 9 A Tyco International ltd. Company T. Mazawana, PG (continued) OSHA Training OSHA 40-hour Hazardous Waste Operations Training OSHA General Industry Training and Certifications Cisco certified network Associate, 2002 ArcView 3.2 / 3.3 ArcMap B.x and 9.x ArcEditor 9.0 Arclnfo 9.0 ArclMS 4.0 @ EarthTech A Tyeo Inlernalionalltd. Company Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 Page 20 Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 Abdoulie Bojang Site Foreman Mr. Bojang is an environmental scientist with over twenty years of strong management and technical experience. He has supervised asbestos and lead abatements, performed asbestos and lead surveys and inspections, as well as, interior demolition work. Mr. Bojang is a Certified Environmental Inspector and an asbestos and lead supervisor. Ersin Yalcin Environmental Health and Safety Mr. Yalcin serves as a safety & health representative managing safety aspects of Atlanta, Cincinnati, and Demolition and Decommissioning (Nationwide) operations at the program level. He prepares and reviews health and safety plans, task hazard analyses, ensures compliance with the health and safety plans and OSHA regulations through periodic audits and inspections of project sites and offices. Mr. Yalcin has a thorough knowledge of the use and maintenance of various brands and models of air monitoring equipment, including photoionization detectors, combustible gas indicators, and airborne particulate monitors. @ EarthTech Page 21 A Tyeo International ltd. Company Augusta-Richmond County Request for Proposal Environmental Engineering Services for Demolition of the Candy Factory RFP # 05-138 Appendix A - Required Forms and Certifications @ EarthTech Page 22 A Tyco Inlernalionallld. Company VetmIs Name: Address: SECltETARY OF STATE 'fJI/a C~ . , 'iirillff!.ffi,<~ lilt~; ~~:q!d~('t!/!~e,lt,l r;~~~~t,{ti;gtl; licensee Information Earth Tech, Inc. 1455 Old Alabama Road Suit 170 Roswell GA 30076 license Information · Ho~~ · (;gWAcr · SEARCli .~~~.. · CQ1Y'q~;rrp-NS · ELECriQl~l" · P~9:r~~+2~.* YCEf'lSU~ · SEfrJl~fnJ:l:~ · STATE~L . . .' ,...'~ ,:: ;-"",J:!', -,- >. Profession: Engineer & Land License No: Surveyor PEF003090 License Status: Active License Type: Issue Date: 11/3/1998 Obtained By Method: Expiration Date: 6/30/2006 Disci line Information No Discipline Information Engineer Firm From State/Prov: Application No scanned public board order documents exist. Associated Licenses Rei ati onshi p: Employment Prerequisite Licensee:Everett W Glover, Jr Prerequisite License:PI;010217 Association Date: Expiration Date: Dependant Licensee: Earth Tech, Inc. Dependant License:PEFOO309Q Rei ationshi p: Employment Prerequisite Licensee:David Arthur Hoot Prerequ isite License: e.!;.!:);I._~.s_:l~ Association Date: Expiration Date: Dependant Licensee: Earth Tech, Inc. Dependant License:f.lJ:fOQ3P.~Q Relationship: Employment Prerequisite Licensee:Mark R Macewan Prerequisite License:PJ;_Q.~J,SJJ) Association Date: Expiration Date: Dependant Licensee:Earth Tech, Inc. Dependant License:PEFOO3090 Relationshi p: Employment Prerequisite Licensee:Kenneth R Mcduff Prerequisite License:PI;Q23761 Association Date: Expiration Date: Dependant Licensee: Earth Tech, Inc. Dependant License: P~j=QQ_3_Q~~ Relationship:Employment Prerequisite Licensee:Duane T Nakahata Prerequisite License:fJ;Q?Jj)Ji~ Association Date: Expiration Date: Dependant Licensee:Earth Tech, Inc. Dependant License:pEfOO3090 Rei ationshi p: Employment Prerequisite Licensee:L1oyd Mark Pearson Prerequisite License:pEQ17418 Association Date: Expiration Date: Dependant Licensee:Earth Tech, Inc. Dependant License:e.J:E9.Q~J)!!Q I Relations hi p: Employment I IhyS:/ /secure.sos.statc.ga. us/myverification/Details.aspx?agency jd= 1 &Iicense _id=82981 & Page 1 of2 10/27/2005 L..J\"LC,l.J1,:) Prerequisite Licensee:Jane Frances Clark Penny Association Date: Dependant Licensee:Earth Tech, Inc. Relati onshi p: Employment Prerequisite Licensee:Thomas A Rolka Association Date: Dependant licensee:Earth Tech, Inc. Prerequisite license:pE01J~~jA Expiration Date: Dependant license:PJ;fQQ3_Q~O Prerequisite license: PE:Q~21(!2 Expiration Date: Dependant license:PEF003090 Rei ationship: Employment Prerequisite Licensee:Charlotte Hudson Trahan Association Date: Dependant Licensee: Earth Tech, Inc. ReI ati 0 nsh i p: Employment Prerequisite Licensee: Harold Joe Willson Association Date: Dependant Licensee:Earth Tech, Inc. Prerequ isite License:p_I;.Q~_6....3.sS. Expiration Date: Dependant license:p_E:.fQQ3Q9-.0 Prerequisite License:PJ;:OQQ039 Expiration Date: Dependant License:PEf'0030QO You may close this window to return to your search results Data current as of: October 27, 2005 13:26:55 tt..-3://secure.sos.state.ga. us/myverificationJOetails,aspx?agencyjd= 1 &Iicense _id=82981 & Page 2 of2 10/27/2005 MARSH An MMC Company Tom L. Pegues, ARM Assistant Vice President Marsh USA Inc. 1166 Avenue of the Americas New York, NY 10036 212 345 0802 Fax: 212345 3695 Tom.LPcgucs@marshmc com Octobcr I, 2004 Subject: Tyco International (US) Inc. Experience Modification Factors To Whom It May Concern: Please be advised that the Tyco International (US) Inc.! including all subsidiaries Experience Modification Factors (EMR) for the past five - (5) years are as follows: Policv Period 1 % 1 /04---1 % 1/05 10/01/03---1 % 1/04 1 % I /02---1 % 1/03 1 % 1/01--- 1 DID 1/02 07/01/00---1 % 1/0 I EMR .81 .90 .91 .80 .67 Sincerely, c?~ I4fr Tom L. Pegues, ARM Assistant Vice President Risk Management Casualty \\USNYCFPOI\lgillmbaISiTyco lOll 2003-2\.104 1100 'CUCI dlJC . ;I_i."'" ",,"'.;$"-"Q , .," V;:...~ ' October 31,2005 To Whom It May Concern: Please be advised that The Brookehaven Group, LLC. has submitted the documentation to obtain DBE status in the City of Augusta, Georgia. The document was mailed in the month of October 2005, via u.s. mail. Should there be any questions, please contact me at (678) 427-6764. Sincerely, CWaHda ~r!lace Wanda Wallace Owner 84 Peachtree St. Atlanta, GA. 30303 (678) 472-6764 - A.ES j\..;'1ALYTICAL E!\VIRONMENTAL SERVICES. INc. October 31, 2005 Mr. Jeff Morrison Earth Tech, Inc. 1455 Old Alabama Road Suite 170 Roswell, GA 30076 Dear Mr. Morrison: Analytical Environmental Services, Inc. applied for WBE/FBE status with the City of Augusta October 2005. We currently hold numerous WBE/FBE certifications therefore we do not anticipate any problems obtaining the certification through the City of Augusta. Please feel free to contact us with any questions or concerns. Sincerely, flbum, tJntuL/ Allison Cantrell Marketing Supervisor 3785 PRESIDENTlAI. PARKWAY. ATI.ANTA, C!-OI{(;IA 30340 · TEl.: (770) 457-8177. FAX: (770) 457-8188 EMPLOYEE CONFLICT OF INTEREST: It shall be unethical for any Augusta, GA business or participant directly or indirectly in a procurement contract when the employee or official knows that: (a) the employee or official or any member of the employee's or official's immediate family has a substantial interest or financial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other Augusta employee has a financial interest is authorized as per a.c.G.A. 36-1-14, or the procurement contract is awarded pursuant to a.C.G.A. 45-10-22 and 45-10-24, or the transaction is excepted from said restrictions by a.C.G.A. 45-10-25; . (b) Any other person, business, or organization with whom the employee or official of any member of an employee or official's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. Any employee or official or any member of an employee's or official immediate family who holds a . substantial interest or financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that substantial interest or fmancial interest. It is the wish of the Owner that minority businesses are given the opportunity to submit on the various parts of th9 work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. The Disadvantaged Business Enterprise Language for Request for Proposals has been included. Please note that the DBE forms are required to be included as part of your proposals, USE OF CONFIDENTIAL INFORMATION 1-10-15 It shall be unethical for any Augusta, GA County employee or official to knowingly use confidential information for actual or anticipated personal gain, or for the actual or anticipated gain of any other person. __._--- /: / /J Name: -:)/Vt/0'--:? C ( ?V"IA/t--.EA/~'- Title: VICE PRESIDENT Company: EARTH TECH. INC. Date: OCTOBER 31. 2005 THIS SHEET IS A REQUIREMENT IN YOUR RFP PACKAGE Attachment B ATTACmmNrA l'ROJECT PrOl2osal #05-138 - .Environmental Engineering Services for Demolition of the candy Factory for Augusta-Richmond County LETTER OF INT!:NT TQ PERFORM A-? A SUB CONSUL T&YT(SU~CONTRACTORlSUPPllER TO: Earth Tech. Inc_ (NAME OF PROPOSER) A The unaergigned in~ds to perform wqrk in connecti.on with the above project in the foUowin8 capacity (eheck: one): A!l individual ~ A partnmhip A corporation Ajointv~ B, The DBE status of the undersigned i" collfiImed as follows: PendlAAay alblchment of a current Cc:rtifu:ate ofCCltillcarion issued by the Depa11mem of TraDsportation PendinstBy attlclunent of a cunent Certification.issued by the Disadvantaged.Business Bntezprise Office C. The .undersigned is prepare4 to perform the foll!Y\lliDs 'V/Ork ill cohnection with the above proj~t Providin~ envir.onmental en~ineering services D, Theundmigned SlatoS that they will be'performing 31 ** % ofthoto1al project. :E. ,The l1l:Idernigxu:d will sublet and/or award 0 contractors and lor non.DBE BUpplic:rs. % of this subooXltnct to non-DBB 'The undersigned will enter Info a formal asre~Il1Bnt for the above described work wlt.h the Proposer cirnd above conditioned upon the execution of a contract for tlra project cited hereIn between the Proposer and Augusta-Richmond County, " Tlie-Brookehaven Grov.p. LLC (DBB Contractor Firm Name) DlItO; 10/28/2005 By: V~dtJ~ (Signature of Authorized Rcp~ativt) **ESTIMATED PERCENTAGE Attachment B AI1:A(:ILvlE)':fT A PROJECT __,U iLI/ LS -/3..8-- 7~: () lJJxiLLV-) rf fhe (2If' fOe f~1 bfJII;I:LQEJNU:,NT TQ_El~RF.QBM_8~LA 5Jlf39.QNS UL,.I!1liL;f,JJ B CONTRAC;T9Bls.!LPPLJfR TO: ___~.f_:LrJ1L_1L>.ctLi-__l!lC_.._ __ ___.__________ (NA1'vlE OF PROJ'OSER) A. The undcrsignc,J intends to perform work jn cOIlnection with the above project in the following capacity (check olle): __..______.. An individual _..,______ __ A paltncrslJip _ /__ A corporation ____.._ A joint venture B. The DBE status of thc nndersigncd is confinwd as follows: P~~~_~~,~Hy at1;-,chHl<:!Il of a CUI rent Cu1ificafe of Certification issued by the DepJ.J lllll'nt of TranspOI1atil.',1 P~_~Ej.EgHy IltL1cl:tnCJlt of H curn:llt Certification issucd by the Disadvantaged Dmiucss Entcrplis<.: Office C. 'IllC llnd,'r~igl1cil is prepared to perform tbc following work ill ccimcctioll with the above project PROVIDE LABORATORY SERVICES D. The l!1l~krs;gll"J stales that lJlt:Y will beperforlllillK__~~_~~_% of tllc total proj6;t. E. ']11e l1nlkr,i~~lled will sllbkt :tncVor award .._Jt____~-~ of this subcontract to nOll-DUE contrndors ane! for nOll-DDE ~llPl'Jicr5. The undersigned will nntcr into a form<ll <lgrcoment for the above described work with the Proposer cited 2bove cOildilionnd upon the execution of Cl contract for the project cited herein between the Proposer and Augusta-Richmond COll,nty. ..1)oflluhcrtl hWILO)fJ1EDiL1L ".9> !}'('(fJ; Jr'(. (l)(~n"""'" n'm N,mo) . r B'" -UuL..--<_- (SiUllaIUrt. I \ut!WriZCl -- .. '-' 'G Date: IDI2':! JUS __.._. ._n___ _n._._ _ __ **ESTlMATED Attachment C PROPOSED DSE PARTICIPATION PRIME CONTRACTOR Earth Tech, Inc. PROJECT RFP /105-138 DBE FIRM PRINCIPAL ADDRESS/PHONE TYPE OF WORK Dollar ValUB OFFICIAL NO. of Work Analytical 3 HS'; President1.a Laboratory IEnvironmenf~~ Andria Yildir" 1m Parkway, Atlanta. $11.820** :;.. ':;' Services 170-'457-8117 The Brookehave 159 Horseshoe Bend Env.ironmental $23.131** Groun Wanda Williams Riverdale Georpi: EnJ?;inee-ring "-- 30274 678-472-6764 Total Price: $ 74.850** - Total DBE value: $ 34.951** Tolal DBE percent: 47** % **ESTIMATED Signed By: Title: *~ l (~L--(/ VICE PRESIDENT Date: OCTOBER 31. 2005 Attachment E AUGUSTA-RICHMOND COUNTY CHECKLIST FOR GOOD FAITH EFFORTS A bidder's good faith .~fforts must be those that could reasonably be expected from a bidder who was actively and aggressiVely seeking to meet the Disadvantaged Business Enterprise (DBE) goal. Good faith efforts may include. but are not limited to: Yes No 1. -L 6, -!.. 7. 8, x 9. x 10. x - 11. -X. x Soliciting, through all reasonable and available means, the interest for all certified DBEs who have the capability to perform the work of the contract, Such solicitatIons must be In sufficient time to allow DBEs to participate effectively, Confirming attendance at any pre-solicitation or pre-bid meetings. Providing proof of any advertisements in general circulation. trade association, and mInority or woman focused media. Documenting the follow-up to the Initial solicitation with DBEs, Documenting how portions of the work were selected to solicit DBE partIcipation and how the selection was made in order to increase the likelihood of meeting the DBE goals. thIs would include, where approprIate, breaking down contracts into economically feasible unIts to facilitate DBE participation. Providing Information on any negotiations with DBEs including bId item adjustments, terms and conditions of the contract. bondIng and Insurance requirements and etc. Documenting efforts to assist DBEs in obtaIning bondIng, lines of credit, or insurance. Providing caples of the infonnation supplied to DBEs to solicit theIr bids. Such information should Include adequate information about the plans, specifications, and requirements of the contract to enable the DBE to supply a complete and competitive bid. Providing information regarding the services/assistance secured from minority and women community organizations, contractors' groups. local minority and women busIness assistance offices and other organizations that provides assistance in the recruitment and placement DBEs. Negotiating In good faIth with Interested DBEs. It is the bidder's responsibility to make a port/on of the work available to D8E subcontractors and suppliers. The bidder must provIde documentation that consideration was given when selecting portions of the work or material needs on the contract to the availability of DBE firms in those areas when soliciting for DBE participation, Documenting the basis for rejecting DBE bids. In cases where the bIdder determines the DBE to be unqualified, supporting evidence used to make the determInation must be provided. fiLE GOPY A.1:QCD Inlernalional LId. Company 1455 Old Alabama Road Suite 170 Roswell, GA 30076 T 770.990.1400 F 770.990.8721 www.earthlech.com @ EarthTech February 2, 2006 Ms. Geri A. Sams Procurement Director . Augusta-Richmond County 530 Greene Street, Room 605 Augusta, Georgia 30911 Subject: Request for Standardized Proposed Fee Schedule, Proposal # 05-138 Environmental Engineering Services for Demolition of the Candy Factory Earth Tech Proposal No. C-0051 L.R5 Dear Ms. Sams, Earth Tech is pleased to provide this standardized proposed fee schedule for environmental engineering services to support demolition of the former Hollingsworth Candy Factory and the Liberty Loan Office building located in downtown Augusta. This proposal was prepared in accordance with the letter request, issued by your department on January 20, 2006. Due to the postponement of the award date, Earth Tech reserves the right to evaluate and use other qualified subcontractors. This submittal addresses our fee schedule for the referenced proposal and is based upon the following assumptions: . Access to the facility will be made readily available to accommodate the personnel identified in the November 1, 2005 Earth Tech submittal to perform the work described by the bid specifications provided in Request for Proposal #05-138 and Addendum #1, issued by your department on October 25, 2005. . Since Augusta-Richmond County provided a set number of samples, Earth Tech has accordingly changed the scope of work to only include the specified numbers of samples. In the event that more samples are required (due to regulatory requirements or statistical considerations), Earth Tech will advise the client of their options. " Please direct questions concerning our proposal to the lead contact for this project, Mr. Jeff Morrison, at (770) 990-1439. We appreciate the opportunity to submit this proposal to Augusta-Richmond County. Sincerely, Earth ech, Inc. ~~J~~~ Je ~\son Project Manager William L. Brown, P.E. Director/Section Manager Ene.: (1) Standardized Proposed Fee Schedule AUGUST A RICHMOND COUNTY PROCUREMENT January 20,2006 Standardized Fee Schedule for RFP #05-138 Environmental Engineering for the Candy Factory Demolition Unit IIni.ts Rate Dill Task I - Asbestos Assessment Asbestos Inspection 40 Hours (NTE) ')2 $ 2080 Sample Collection 40 Hours 52 $ 2080 Sample Analysis 100 Samples 11 $ 1100 Reporting ?R Hours q') $ 2660 Subtotal (NJ'E) $ 7920 Task II - Lead -Based Paint Assessment Lead Inspection 16 Hours (NTE) 52 $ 832 Sample Collection 16 HoUrs 52 $ 832 Sample Analysis (XRF or 6010) 50 Samples 11 $ 550 Reporting 28 Hours 95 $ 2660 Subtotal (NTE) $ 4873 Task III - PCB Assessment PCB Inspection 4 Hours (NTE) 52 $ 208 Sample Collection 4 Hours 52 $ 208 Sample Analysis (8081) 10 Samples 66 $ 660 Reporting 28 Hours 95 $ 2660 Subtotal (NTE) $ 3736 Task IV - Building Assessment Meeting With ARC 1 Lump Sum 1830 $ 1830 Task V - Abatement Plan & Specification Preparation 1 Lump Sum 15784 $ 15784 Task VI - Abatement Oversight and Air Monitoring 45 Days 8f4cPRR $ 36630 Task VII - Close Out Documentation 1 Lump Sum 6670 $ 6670 Task VIII - Installation of Temporary Lighting (ALLOWANCE) 1 Lump Sum $ 8,000.00 $ 8,000.00 Task IX - As-Needed Consulting Services 16 Hours. 1520 $ 1520 FEE TOTAL (NTE) EXPENSES & OTHER DIRECT COSTS TOTAL (LUMP SUM, NTE) $ 86963 Note: NTE = Not to Exceed