HomeMy WebLinkAboutAtlanta Gas Light Remediation
Augusta Richmond GA
DOCUMENT NAME: A-\-\an-\a ~'::> Li5hT -v.cmcd iaJiDt)
DOCUMENT TYPE: LO n'-\-Yo..d ~
YEAR: '2ro Y.
BOX NUMBER: 2)
FILE NUMBER: \ \ \ '30
NUMBER OF PAGES: 11J.-
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LAW OFFICES
BURNSIDE, WALL, DANIEL, ELLISON & REVELL
THOMAS R. BURNSIDE. .JR" P.C.
.JAMES B. WAll, P.C.
.JAMES W. ELLISON
HARRY D. REVEll
THOMAS R. BURNSIDE. III
MARK B. WilliAMSON
P. O. BOX 2125
OFFICE
454 GREENE STREET
A PARTNERSHIP INCLUDING PROF"ESSIONAL CORPORATIONS
AUGUSTA, GEORGIA 30903
(706) 722-0768
TElECOPIER (706) 722-5984
E-MAIL BumWaJlOgabn.net
ROBERT C. DANIEL, .JR.
(1943-1993)
March 5, 2004
Ms. Lena Bonner
Clerk of Commission
City-County Municipal Bldg.
530 Greene Street; 8th Floor
Augusta, Georgia 30911
RE: Atlanta Gas Light Remediation
File No. 20-202
Dear Lena:
I enclose herewith one fully executed original of the Remediation, Restoration and
Indemnification Agreement, together with a fully executed copy of the Construction Contract,
with a copy of the referenced drawings. Please include these in the City's permanent records.
By carbon copy of this letter, I am forwarding and delivering to Teresa Smith a duplicate
original of these documents.
Also, by carbon copy of this letter, I am delivering to Donna Williams an AGL Resources
check in the amount of $250,000.00, pursuant to the settlement agreement, a copy of this check
being attached hereto for your records.
Thanking you and with best personal regards, I am
JBW Ism
Enclosures
truly,
cc: Mayor Bob Young
Teresa Smith
Steve Shepard
Tom Robertson
George Kolb
David Persaud
Donna Willianls
Check Date; Dec.3I.2003 , Check No. 0110606
Invoice Number I Invoice Date I Voucher 10 I Gross Amount I Discount Available I Paid Amount I
1311/122303AUG 23.Dee.2003 29177696 250,000.00 0.00 250,000.00
AUGUSTA REMEDIATION RESTORATIO
,
Vendor Number Name Total Discounts
0000000751 AUGUSTA, CITY OF SO.OO
Check Number Date 'rn<nl .> Discounts Taken Total Paid Amount
0110606 Dec.3 1.2003 IN $250,000.00 $0.00 $250,000.00
JRM NO. 374.11
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WACHOVIA AUGUSTA, GA
64-1327/611
011 0606
Date
Dec.3I.2003
Pay Amount $250,000.00***
Pay
"'***TWO HUNDRED FIFTY THOUSAND AND XX / 100 DOLLAR****
To The
Order or
AUGUSTA, CITY OF
ROOM 80G MUNICIPAL SLOG
AUGUSTA, GA 30911
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.:.EXECUTION COPY-
CONSTRUCTION CONTRAcT
THIS CONTRACT, made on the 25th day of February, 2004 (hereinafter the "Effective
Date"), by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-
RICHMOND COUNTY COMMISSION, hereinafter called Owner, WlLLIAMS
ENVIRONMENTAL SERVICES, INC., hereinafter called Contractor, and ATLANTA GAS LIGHT
COMPANY, hereinafter .called AGLC.
WIT N E SSE T H:
WHEREAS, Owner desires to contract for the construction of certain civil and infrastructure
improvements to be performed within designated portions of the Augusta Third Level Canal; and
WHEREAS, AGLC is willing to coordinate the Civil Work with AGLC's remediation work,
provided such Civil Work does not interfere with or delay AGLC's remediation work; and
WHEREAS, this Contract expresses the terms and conditions upon which Contractor will
furnish such work to Owner; and
WHEREAS, capitalized terms used but not defined in this Contract shall have the respective
meanings ascribed thereto in the General Conditions;
NOW, THEREFORE, for and in consideration of the foregoing premises, and the mutual
promises and covenants set forth herein, and other good and valuable consideration, the receipt and
. sufficiency of which are hereby acknowledged, AGLC, Contractor and Owner, intending to be
legally bound, do hereby agree as follows:
ARTICLE I-GENERAL OBLIGATION
1.1 AGLC hereby covenants and agrees that the work set forth below will be faithfully
performed according to the terms and conditions set forth herein. In all duties and obligations that
hereinafter follow, and in all covenants, promises, and agreements that hereinafter follow, where
such pertains to Contractor alone, AGLC agrees to be bound by and to be jointly responsible with
Contractor for the performance ofthose duties and obligations. In the event that Owner disputes that
this Contract has been performed, makes a claim under this Contract, or otherwise invokes its rights
under this Contract, AGLC agrees to respond jointly with Contractor to such and to be jointly liable
with Contractor as if it were the con,tractor under this Contract. Likewise, where Owner has rights or
privileges with respect to Contractor according to the terms and conditions set forth herein, it is
understood and agreed that AGLC shall have the same rights and privileges with respect to
Contractor.
The Parties understand and agree that, in light of AGLC's General Obligation stated above, AGLC
has the right to terminate Contractor in the same manner and to the same degree as would Owner
under the terms of Article 15 of the General Conditions, provided that if AGLC were to terminate
Contractor, AGLC would be required to complete the Canal Construction using such contractor(s) as
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it deems appropriate, subject to the approval of Owner, such approval not to be unreasonably
withheld. In addition, if Owner terminates Contractor under this Contract, Owner and AGLC agree
that AGLC would complete the Canal Construction set forth herein.
ARTICLE II-SCOPE OF THE WORK
Contractor hereby agrees to furnish all of-the materials and all ofthe equipment, professional
design services, and labor necessary, and to perform all of the work shown in, detailed on or
reasonably inferred from the Contract Documents, including but not limited to the Design Drawings,
and the General Specifications and Scope of Work for Canal Construction, attached hereto as
Exhibit "A," and in accordance with the requirements and provisions of the General Conditions,
attached hereto as Exhibit "B," and the Contract Documents as defined herein, and which are hereby
made a part of this Contract.
ARTICLE III-TIME OF COMPLETION
3.1 The Canal Construction to be performed under this Contract shall be commenced
within ten (10) calendar days after the date ofwritten notice by Owner to Contractor to proceed (the
''Notice to Proceed"). The Canal Construction shall be completed in accordance with Contractor's
Project Schedule, attached hereto as Exhibit "c" and as further submitted in accordance with the
Contract Documents (the "Project Schedule").
3.2 It is hereby understood and mutually agreed, by and among Contractor, AGLC and
Owner, that the date of beginni,ng, rate of progress and the time for completion of the Canal
Construction to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor
agrees that it shall prosecute the Canal Construction regularly, diligently, and uninterruptedly at such
rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed by and between Contractor and Owner, that the time for completion of the
Canal Construction described herein is a reasonable time for completion of the same, taking into .
consideration the average climatic range and construction conditions prevailing in this locality. It is
further agreed that time is of the essence for each and every portion of the Contract Documents
wherein a definite portion and certain length of time is fixed. If additional time is allowed for the
completion ofthe Canal Construction, the new time limit fixed by extension shall be ofthe essence
of this Contract.
3.3 If Contractor shall neglect, fail, or refuse to complete the Canal Constniction within
the time set forth in the Proj ect Schedule, then Contractor does hereby agree, as a part of the .
consideration for the awarding ofthis contract, to pay Owner the sum of two hundred and fifty and
nolI 00 ($250.00) Dollars, not as a penalty, but as liquidated damages, for each and every calendar
day that Contractor shall be in default after the time stipulated in the Project Schedule for completing
the Canal Construction. These liquidated damages are fixed and agreed upon by and between
Contractor and Owner because of the impracticability and extreme difficulty of fixing and
ascertaining the actual damages that Owner would, in such event, sustain.
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3.4 The parties hereto agree and acknowledge that the Canal Construction shall be
coordinated with AGLC's Remediation and Restoration Work, as described in that certain
Remediation, Restoration and Indemnification Agreement between Augusta, Georgia and AGLC,
entered contemporaneous to the execution of this Contract, such that the Canal Construction does not
interfere with or delay the Remediation and Restorati'on Work. Contractor shall coordinate and
schedule the Canal Construction and the Remediation and Restoration Work so as to comply with all
the terms and conditions of the Construction Contract, Remediation, Restoration and Indemnification
Agreement and the Remediation Services Agreement, including Contractor's obligation to complete
the Remediation and Restoration Work and the Additional Remediation Work by January 5, 2005.
ARTICLE IV-CONTRACT PRICE
4.1 In consideration for performance of the Canal Construction in accordance with the
Contract Documents, Owner agrees to pay Contractor the Contract Price in accordance with the
Schedule of Values, attached hereto as Exhibit "D". Owner shall pay Contractor for the
performance of the Contract, the Contract Price in accordance with the payment terms set forth in
Article 14 of the General Conditions. Subject to the agreed upon contingencies set forth in
Paragraph 4.2 below, and the additional costs associated with the CSX Crossing Work as set forth
in Paragraph 4.3 below, the parties hereto agree that the work performed pursuant to this Contract
shall be paid for on a firm fixed price basis.
4.2 Construction Contingency Work. For purposes of this Contract, "Contingency Work"
means any work performed by Contractor in connection with the performance of the Canal
Construction which: (i) arises out of conditions not known at this time, and (ii) is not reasonably
inferred from the Contract Documents as being required to produce the intended result. If Contractor
incurs costs it reasonably believes are due to Contingency Work, Contractor shall submit an
Application for Payment in accordance with Paragraph 14.4 of the General Conditions. The
Application for Payment shall include a description ofthe Contingency Work, state the basis for its
contention that such work is Contingency Work, and provide the costs associated therewith. In
accordance with Paragraph 14.4 of the General Conditions, Owner shall reimburse Contractor for
two-thirds of each Application of Payment for the approved Contingency Work up to a maximum
aggregate payment by Owner of $500,000 ("Contingency Limit"). These costs will include
Contractor's actual costs for direct labor (field and applicable office personnel), corresponding fringe
benefits, hourly charges for Contractor's owned equipment, plus overhead calculated upon the
foregOIng costs, such overhead being based upon auditable overhead rates submitted by Contractor
on federal government contracting prop.osals (not to exceed 36%), as well as direct costs incurred by
Contractor for material, rental equipment and other expenses. These costs shall not include home
office overhead (i.e., corporate management, office rent, utilities, and supplies) or profit. Further, to
the extent that the cost of the Contingency Work exceeds $750,000, Owner will have no liability for
such costs except to the extent such costs arise out of or result from Public Utilities not shown or
indicated, or materially different from what was shown, on documents provided by Owner in
accordance with the applicable provisions of Article 4.2.4 of the General Conditions.
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4.3 CSX Railroad Expense Fund for CSX Crossing Work: As part of the overall Canal
Construction, Contractor shall be required to design and construct a railroad crossing over the Canal
for the CSX Railroad. The price for designing and building "CSX Crossing" are included in the
Contract Price. The actual work is described in the Specifications and will be performed by
Contractor pursuant to the terms and conditions of a construction agreement between Contractor and
CSX Railroad. In addition to the costs for design and construction, the parties hereto agree and
understand that, pursuant to such construction agreement, CSX will likely impose additional direct
and indirect fees, costs, expenses, and damages (collectively "CSX Expenses") upon Contractor in
consideration for allowing Contractor to perform this portion of the work. The parties agree and
understand that all of these CSX Expenses are not capable of precise quantification until such time as
the CSX Crossing Work has been designed and constructed. As such, the parties have agreed, as a
contingency, to fund a separate and distinct "CSX Expense Fund" totaling Four Hundred and Fifty
Thousand and 00/1 00 Dollars ($450,000.00), if necessary. The parties expressly agree that their
respective obligations to contribute to this CSX Expense Fund shall be as follows:
a. Contractor: Contractor's total contribution towards the CSX Expense Fund
shall be $150,000, allocated as set forth herein. Contractor shall pay the first
$100,000 of the CSX Expenses, of which Contractor has already paid
approximately $46,000 to CSX Railroad. When and if the CSX Expenses,
including those already paid by Contractor, cumulatively exceed $100,000,
Contractor shall not be required to contribute any more monies towards such
expenses unless and until they cumulatively exceed $300,000. Thereafter,
Contractor shall pay one-third of any and all additional CSX Expenses that
cause the cumulative total of such expenses to exceed $300,000, until the
CSX Expenses total $450,000 (for a maximum additional contribution of
$50,000). In the event the cumulative total of all CSX Expenses for the Civil
Work exceeds $450,000, Contractor shall be responsible for the additional
expenses;
b. Owner: Owner's total contribution towards the CSX Expense Fund shall not
exceed $300,000, allocated as set forth herein. When and if cumulative CSX
Expenses become greater than $100,000, including monies that Contractor
has already paid to CSX Railroad, Owner shall be responsible for the next
$200,000 of such expenses, which obligation shall continue until such time as
the cumulative total of such expenses equals $300,000 (for a maximum initial
contribution of$200,000). Thereafter, Owner shall pay two-thirds of any and
all additional CSX Expenses that cause the cumulative total of such expenses
to exceed $300,000, until the CSX Expenses total $450,000 (for a maximum
additional contribution of $1 00,000).
Augusta shall remit payment for CSX Expenses no later than thirty (30) days after receipt of
an Application for Payment and all supporting documentation. Contractor will pass through to
Owner only Contractor's actual costs for CSX Expenses. The work associated with the CSX
Crossing Work is not to be considered "Contingency Work" as defined in Paragraph 4.2 above.
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4.4 Contemporaneous with its initial submittal of the Schedule of Values, Contractor will
also submit an analysis of its cash flow requirements for the upcoming ninety days of the Civil
Work. Periodically, every ninety days thereafter throughout the remainder of the project, Contractor
will submit an additional analysis detailing its cash flow requirements for the then upcoming ninety-
day period. Within five (5) business days after receipt of each such "Cash Flow Analysis", Owner
shall be required to submit to Contractor and AGLC appropriate certification, in writing, that Owner
has funds available to satisfy the cash flow requirements detailed by Contractor.
4.5 The Schedule of V alues includes certain tasks that require demolition and disposal of
existing structures tha! belong to Owner. Owner agrees that it will accept for disposal at its
municipal solid waste landfill any and all disposal debris, other than soil, resulting from demolition
of existing bridges and culverts on the Augusta Property that are part of the Civil Work, and will not
. charge Contractor for any fees or costs associated with accepting such materials.
ARTICLE V-ENUMERATION OF CONTRACT DOCUMENTS
5.1 The Contract Documents listed herein, exceptfor any modifications subsequent to the
Effective Date of this Contract, form the basis of the agreement between the parties hereto and are
enumerated as follows:
a. The General Specifications and Scope of Work for Canal Construction;
b. This Construction Contract;
c. The General Conditions of the Construction Contract, including all exhibits
and attachments thereto (the "General Conditions");
d. The approved Design Drawings submitted under separate cover in accordance
with the General Conditions and Specifications;
e. The Project Schedule;
f. The Schedule of Values for the Civil Work; and
g. Contractor's Certificates of Insurance submitted in accordance with the
applicable provisions within Article 5 of the General Conditions.
The Construction Documents are attached hereto or incorporated herein and made a part of
the Construction Contract.
5.2 In the event of a conflict, discrepancy or ambiguity between the foregoing enumerated
Contract Documents, th~ following order of precedence shall govern and control: i) Subsequent
Modifications to the Contract Documents (i.e. addenda, revisions, change orders, or change
directives); ii) the General Specifications and Scope of Work for Canal Construction; iii) the
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Construction Contract; iv) the General Conditions; v) the approved Design Drawings; and vi) the
Supplemental Details.
ARTICLE VI-MISCELLANEOUS
6.1 Headings. All headings are for the convenience of the parties only and are not to be
construed as part of this Contract.
6.2 Governing Law. This Contract and all claims, disputes and controversies arising
hereunder shall be governed by and construed in accordance with the laws of the State of Georgia
without regard to conflicts, or choice of laws. All claims, disputes and other matters in question
among Owner, AGLC and Contractor arising out of or relating to this Contract, or a breach thereof,
or the performance of the Canal Construction, shall be resolved in accordance with the applicable
provisions of Article 16 of the General Conditions. Any ensuing litigation arising out of this
Contract shall be conducted in the Superior Court of Richmond County, Georgia. All parties, by
executing this Contract, specifically consent to venue in Richmond County and waive any right to
contest the venue in the Superior Court of Richmond County, Georgia.
6.3 Entire Contract. This Contract, including all documents attached hereto and by
express reference incorporated herein, constitutes the entire and integrated agreement among the
parties hereto with respect to the s'ubject matter hereof. ~ll previous representations relative thereto
either written or oral, are hereby annulled and superseded. This Contract may only be amended or
modified in a writing signed by Owner, AGLC and Co~tractor.
6.4 Severability. The invalidity of any portion, provisions or paragraph of this Contract
shall not affect or render invalid any other portion, provisions, articles or paragraphs of this Contract.
6.5 Assignability. None of the parties to this Contract shall assign their respective rights,
duties, obligations, or remedies hereunder, in whole or in part, without the prior Written consent of
the other parties. The duties, obligations, rights and remedies under this Contract are in addition to
and not in limitation of those otherwise imposed or available by law.
6.6 Interpretation. Each ofthe parties has participated in the prep.aration of this Contract,
and the parties hereby agree that the Contract and its terms shall not be construed in favor or against
any party to this Contract by virtue of the identity of its drafters.
6.7 Notices. All notices, certificates, or other communications hereunder will be
sufficiently given aiJ.d will be deemed given when delivered by hand, courier, .or registered or
certified mail, postage prepaid, addressed as follows:
If to Owner:
Mayor Bob Young
Room 806 Municipal Building
Augusta, Georgia 30911
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With. a copy to:
And to:
If to AGLC:
With a copy to:
If to Contractor:
With a copy to:
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George Kolb
Administrator
Room SO 1 Municipal Building
Augusta, Georgia 30911
Ms. Teresa Smith
Public Works and Engineering Department
530 Greene Street, Room 701
Augusta, Georgia 30911
James B. Wall, Esq.
Attorney for the Ci~
P. O. Box 2125
Augusta, Georgia 30903
Paul R. Shlanta, Esq.
Attn: Senior Vice President and General Counsel
AGL Resomces Inc.
Ten Peachtree Place
Location 1465
Atlanta, Georgia 30309
Carol R. Geiger, Esq.
McKenna Long & Aldridge LLP
303 Peachtree Street, Suite 5300
Atlanta, Georgia 3030S
President and Chief Operating Officer
Williams Environmental Services, Inc.
2075 West Park Place
Stone Mountain, Georgia 300S7
Attn: Jeffery P. Bauman
General Counsel
Williams Environmental Services, Inc.
2076 West Park Place
Stone Mountain, Georgia 30QS7
Attn: G. Scott Walters, Esq.
The parties hereto may designate in writing any further or different addresses to which subsequent
notices, certificates or other communications will be sent.
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IN WITNESS WHEREOF, the parties hereto, intending legally to be bound, have executed
this Contract in three (3) counterparts, each of which shall be deemed an original as of the Effective
Date.
OWNER:
AUGUS
7f;#~4)
lerk
CONTRACTOR:
WILLIAMS ENVIRONMENTAL
SERVICES, INC.:
(SEAL)
By:
As its
Secretary
Address:
ATLANTA GAS LIGHT COMPANY:
(SEAL)
By:
As its
Secretary
Address:
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IN WITNESS WHEREOF, the parties hereto, intending legally to be bound, have execut~d
this Contract in three (3) counterparts, each of which' shall be deemed an original as ofthe Effective
Date.
OWNER:
AUGUST A, GEORGIA
By:
As its Mayor
ATTEST:
Clerk
(S-EA.:L)
CONTRACTOR:
~LL~SENV1RONMENTAL
SERVICES, INC.: .
By: \~ ,!\M.
As its c-, c. .0 .
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~Jcft ~dL#'
Secretary
Address: 'lol5' \N I ~ ~ 1'lAct:' '
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ATLANTA GAS LIGHT COMPANY:
(SEAL)
By:
As its
Secretary
Address:
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IN 'VITNESS WHEREOF, the parties hereto, intending legally to be bound, have executed
this Contract in three (3) counterparts, each of which shall be deemed an original as of the Effective
Date.
OWNER:
AUGUSTA, GEORGIA
By:
As its Mayor
ATTEST:
Clerk
CONTRACTOR:
WILLIAMS ENVIRONMENTAL
SERVICES,INC.:
(SEAL)
By:
As its
Secretary
Address:
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ATLANTA GAS LIGHT COMPANY:
By:
As its -;:) ?~i'~
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Address: T--c.vt.. rCtt00. tye e ':pI ClC-O
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EXHIBIT A
GENERAL SPECIFICATIONS AND SCOPE OF '''ORK
FOR CANAL CONSTRUCTION
I. General Premises and Intent for Canal Construction.
A. General Description of Canal Construction. In connection with the
required performance of certain Remediation and Restoration Work within
the designated portions of the Augusta Third Level Canal (the "Canal"),
.owner desires, contemporaneously therewith, to perform certain civil and
.infrastructure improvement work therein (the "Civil Work"). This Civil
Work is generally described in the "Augusta Canal Third Level
Improvement Study" prepared for Owner by Cranston, Robertson &
Whitehurst, P.c., dated May, 1999 (the "Hydraulic Plan"). Performance
of this Civil Work necessarily requires the performance of additional
remediation and restoration work, specifically additional excava60n of
impacted materials to designated grades in order to achieve Owner's
desired canal profile (the "Additional Remediation Work"). The
Additional Remediation Work, which Contractor will perform first, and
the Civil Work, are hereinafter collectively referred to as the "Canal
Construction. "
B. Performance of Canal Construction. This is a designlbuild project by the
Contractor consistent with the Hydraulic Plan. Contractor shall perform
all Canal Construction in accordance with the respective goveining
contract documents for each portion of such work. All time periods and/or
limitations set forth herein are intended to represent calendar days, unless
expressly stated otherwise.
C. Intent. It is the express understanding and intent of the .parties that,
unless otherwise indicated in the contract documents, Contractor shall
have the sole right to determine the means, methods and techniques and
safety requirements for performing this work. These General
Specifications and Scope of Work for the Canal Construction (hereinafter
the "Specifications") are intended to describe the Canal Construction in
conjunction with the Remediation and Restoration Work, such that all of
this work is performed in accordance with the EPD approved Basis of
Design Work Plan, the Hydraulic Plan, and generally accepted and
applicable sound engineering and construction principles. Certain terms
and tenninology utilized throughout these Specifications shall have the
same meaning as similar terms used in the documents comprising the
Construction Contract and/or the Remediation Services Agreement, except
as otherwise provided herein. The Specifications and the Drawings are
complementary; that which is called for by one shall be called for by all.
Ifthere are any material design and/or scope inconsistencies between these
Specifications and the Drawings, these Specifications shall govern and
control.
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II. Design of Canal Construction.
A. Design Responsibility. Contractor shall be responsible for developing
drawings detailing the design and implementation of the. Canal
Construction. Contractor shall prepare and submit these drawings to
Owner, with a copy to AGLC for corresponding review and approval, or
comment, as set forth herein.
B. Design Drawings and Supplemental Details.
1. Design Drawings. All design drawings must be prepared and
stamped by a registered professional engineer for the Contractor,
with timely review and comment by Owner's registered
professional engineer, as more particularly set forth below.
2. Preparation by Contractor.
a. 70% Design Drawings. Prior to the Effective Date of the
Construction Contract, Contractor prepared and submitted its
. Phase 3 - 70% Design Drawings; Site Plan Package for
Augusta Third Level Canal; Atlanta Gas Light Company;
Augusta, Richmond County, Georgia (the "70% Design
Drawings") to AGLC and Owner for review and comment.
The 70% Design Drawings are intended to conceptually show
the Civil Work, consistent with the Hydraulic Plan. Both
Owner and AGL~ reviewed and provided corresponding
comments to Contractor prior to execution of the Construction
Contract. Contractor shall incorporate into the 100% Design
Drawings (defined below) all agreed upon revisions,
comments, etc. to such drawings as a result of the foregoing
review by AGLC and Owner. Table "1", which is attached to
these Specifications, contains a list of all drawings and tables
contained within the 70% Design Drawings. All drawings
specifically referenced by number within these Specifications
refer to the corresponding 70% Design Drawing;
b. 100% Design Drawings. For all Canal Construction, except
the CSX Crossing, Contractor shall prepare and submit for
review and approval by Owner and AGLC, 100% Design
Drawings, such review and approval rights being more
particularly set forth in Section rr.c (1 through 3), below;
c. CSX Crossing. Contractor's licensed and CSX approved
design professional shall prepare and submit detailed design
drawings for the construction of the CSX approved crossing.
Owner shall be permitted to review this design prior to
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Contractor's submission to CSX, as more particularly set forth
in Section II.B.4.d, below.
3. Supplemental Details. Prior to the Effective Date of the
Construction Contract, Contractor prepared and submitted to
AGLC and Owner a bound package of Supplemental Details for
Canal Construction (the "Supplemental Details"), which provide
the following additional information related to design and
construction of certain key portions of the Civil Work:
a. Photographic Documentation of existing impacted structures
and the anticipated appearance of the corresponding
replacement structures; and
b. Manufacturer's Specifications and Drawings for all
prefabricated andlor pre-constructed components to be used in
the Civil Work, including, but not necessarily limited to: i)
roller gates ("CICS Gates"), actuators, and controllers
(including control panel schematics) for the Canal Inlet Control
Structure ("CICS"); ii) prefabricated andlor pre-cast concrete
components for the new bridge construction (8th Street and.
Walton Way bridges); iii) pre-constructed box culverts to be
installed at the 9th StreetlFenwick Street Intersection; and iv)
typical details for head walls, retaining walls, grass slopes,
inlets, ditch paving and curb details.
4. 100% Design Drawings for Canal Construction.
a. Reach D - CICS. Not later than sixty (60) days before starting
construction of this structure, Contractor will revise its 70%
Design Drawing for this structure (Drawing No. 882S) to
include structural detailing of the foundation and fixed column
supports for the CICS Gates. As described in Section II.B.2.b
above, Contractor has also provided Supplemental Details to
Owner, which detail manufacturers' specifications for the CICS
Gates, actuators, and co:qtrollers. Upon Contractor's
submission of these 100% Design Drawings, Owner shall have
the right to review and confirm: i) the structural integrity of
this component; ii) compliance with the Hydraulic Plan; and,
iii) that the appearance of this structure is consistent with
applicable Supplemental Details. Owner must complete its
review within thirty (30) days from corresponding receipt
thereof;
3
b. Reach E - New Blidge Construction. Drawing. Nos. 820S (8th
Street Bridge) and 840S (Walton Way Bridge) presently show
the new bridge construction that Contractor will perfoD11.. As
described in Section H.B.2.b above, Contractor has also
provided Supplemental Details to Owner for both of these
bridges. Not later than sixty (60) days before starting
demolition of existing bridges, Contractor will provide 100%
Design Drawings for both of the new bridge structures to
Owner. Upon receipt, Owner shall have the right to review
these 100% Design Drawings to confirm: i) the structural
integrity of these improvements; ii) compliance with the
Hydraulic Plan; and, iii) that the appearance of each structure is
consistent with applicable Supplemental Details. As part of
these submittals, Contractor will also provide information to
Owner sufficiently indicating that it will construct the bridge
superstructure (i.e. "above grade") foundations in such a way
so that Owner can install its desired amenities to the respective
bridge (e.g. brickwork) after Contractor completes the Civil
Work. Contractor will also show on these 100% Design
Drawings that it will install utility support during bridge
construction to accommodate lighting consistent with that
currently existing on these bridges. Finally, Contractor will
indicate on these 100% Design Drawings that it will pave the
bridges and corresponding approach transitions consistent with
the paving requirements detailed on Drawing No. 700S.
Design and reconstruction of the road base and paving at these
bridges and their respective approaches shall be in accordance
with applicable Georgia Department of Transportation
("GDOT") specifications and current applicable City of
Augusta standards. If current pavement includes asphalt
overlay, Contractor shall not be required to design and
reconstruct to the present 'thickness, but to a thickness
sufficient to support appropriate traffic flow in accordance with
the above referenced specifications and standards. Contractor
will design and reconstruct curbs, gutters and sidewalks,
consistent with existing conditions, out of appropriately
reinforced concrete materials. If any current existing curbs,
gutters or sidewalks requifiI?g removal are constructed out of
materials other than reinforced concrete, Contractor will design
and reconstruct these with appropriately reinforced concrete
materials. (See Supplemental Details). Owner must complete
its review of these 100% Design Drawings within thirty (30)
days from corresponding receipt thereof;
4
c. Reach F - Culvert System Under The 9th Street/Fenwick Street
Intersecbon. Drawing No. 860S presently shows the new
culvert system that Contractor will construct at this location.
As described in Section Il.B.2.b above, Contractor has also
provided Supplemental Details to Owner for this structure. Not
later than sixty (60) days before starting demolition of the
existing structure, Contractor shall prepare and submit 100%
Design Drawings for the new culvert system. Final design of
the new culvert system shall include appropriate details for
headwall construction. Also, Contractor shall clearly indicate
on these 100% Design Drawings that culvert construction and
installation will be in accordance with applicable American
Society of Testing and Materials ("ASTM") requirements and
American Association of State Highway and Transportation
Officials ("AASHTO") specifications, and Section 513 of
current ODOT Standards (precast Reinforced Concrete Box
Culverts, Barrel Sections and End Sections), and will include
this information for Owner's review and approval. Owner shall
be entitled to review these 100% Design Drawings to confirm
structural integrity of this culvert system and compliance with
the Hydraulic Plan. Design and reconstruction of the road base
and paving at this intersection shall be in accordance with
applicable ODOT specifications and current applicable City of
Augusta standards. If current pavement includes asphalt
overlay, Contractor shall not be required to design and
reconstruct to the present thickness, but to a thickness
sufficient to support appropriate traffic flow in accordance with
the above refer~nced specifications and standards. Contractor
will design and reconstruct curbs, gutters and sidewalks,
consistent with existing conditions, out of appropriately
reinforced concrete materials. If any current existing curbs,
gutters or sidewalks requiring removal are constructed out of
materials other than reinforced concrete, Contractor will design
and reconstruct these with appropriately reinforced concrete
materials. Owner must complete its review within thirty (30)
days of receipt thereof; -
d. Reach F - CSX Crossing. Drawing No. 881 S generally
describes the anticipated new construction at the CSX Crossing
in this reach, although the actual design may differ, based on
review and comments by CSX. As described. in Section
II.B.2.b above, Contractor has also provided Supplemental
Details to Owner for the proposed CSX Crossing structure.
Contractor will design the new crossing that will replace the
current CSX culvert in accof(~.ance with applicable CSX
specifications governing such railway crossing design and
5
construction. Design of this new crossing by Contractor's
licensed (and CSX approved) design professional shall be
reviewed and approved by CSX in accordance with the
applicable agreement between Contractor and CSx.
C. Review of Design Drawings and Resolution of Outstanding Issues.
1. Owner Review.
a. For all of the above Civil Work, except the CSX Crossing,
Owner shall review the 100% Design Drawings to confirm: i)
that the Civil Work satisfies the Hydraulic Plan; ii) the
structural integrity of the Civil Work; and, iii) that the
appearance of the Civil Work 'is consistent with the
Supplemental Details;
b. Before Contractor submits its CSX Crossing design to CSX,
Owner shall have the opportunity to review these design
drawings timely to confirm that the proposed structure satisfies
the applicable requirements of the Hydraulic Plan. Owner
must complete any such review within five (5) business days of
receipt thereof;
c. Owner must complete its review of these design submittals
within the time limits set forth herein. Owner's failure to
provide such review within the specified time limit shall be
deemed a waiver with respect to the specific 100% Design
Review being submitted, unless the parties otherwise agree to
in writing before the expiration of the Owner review time
period.
2. AGLC Review. AGLC shall review the 100% Design Drawings to
confirm that the foregoing Civil Work complies with the Basis of
Design Work Plan. AGLC must complete its review within the
same time limit that applies to Owner for the corresponding 100%
Design Drawing submittal, such review to run concurrently with
Owner's and not consecutively.
3. Design Disputes.
a. Between Contractor and Owner. If, after Owner has
timely reviewed the applicable 100% Design
Drawing(s), Contractor and Owner are unable to agree
as to whether or not a particular component of the Civil
Work is inconsistent with one or more of the foregoing
enumerated criteria (structural integrity, conformity
6
\vith Hydraulic Plan, or appearance characteristics),
such disagreement shall be deemed a "Design Dispute."
b. Between Contractor and AGLC. If, after AGLC has
timely reviewed the 100% Design Drawings,
Contractor and AGLC are unable to agree upon whether
or not a particular component of the Civil Work is
inconsistent with the Basis of Design Work Plan, this
shall also be deemed a "Design Dispute."
c. All Design Disputes that arise after the Effective Date
of the Construction Contract shall be resolved in
accordance with the applicable requirements set forth in
the Construction Contract.
III. General Specifications for Canal Construction. The applicable Contract
Documents require Canal Construction to be performed pursuant to the following
general specifications:
A. Excavation and Grading Materials.
1. Contractor shall comply with the requirements of the "Georgia
Utility Facility Protection Act" (Chapter 9 of Title 25 of the
Official Code of Georgia Annotated) for protection of underground
utilities, including the requirement to give not less than 48 hours
notice to the Utilities Protection Center of Georgia (phone number:
1-800-282-7411).
2. Contractor shall stake excavation boundaries indicated on the
project drawings and perform initial survey with appropriate
elevations referenced to the registered benchmark NA VD '88 (the
Hydraulic Plan relied upon NGVD '29, so Contractor shall be
required to adjust accordingly).
3. Contractor shall survey to verify final horizontal limits and depths
of excavation. Contractor shall make survey data available to
Owner and AGLC throughout the work, upon request by either
party .
4. Contractor shall perform this work in a manner that does not
disturb or damage known existing structures, utilities, or other
facilities, except as necessary to perform the Canal Construction.
.5. Contractor shall coordinate this work with dewatering, excavation
support and environmental controls as required.
7
6. Contractor shall erect and maintain balTiers and fences around
excavations and provide appropriate safety measures during
construction.
7. Contractor will perform a final survey to document final grading
limits.
8. Contractor may excavate and stockpile for reuse, in other areas
where backfill is required, those soils not exceeding Type 2
Residential Risk Reduction Standard, so long as such soils meet
the backfill requirements for structural or common fill.
B. Utilities.
1. General Location of Existing Utilities (Drawing Nos. 170C
through 175C). ~ Owner will provide all known available
information to- the Contractor for the pmposes of identifying and
locating existing Owner utilities (water, sanitary and storm sewer)
located within the Augusta Property that will or may be affected by
the Canal Construction. Additionally, Contractor will obtain
information on other existing utilities, including gas, telephone,
fiber optic, and television cable lines from the respective owners of
these utilities. In the event existing Owner utilities are identified to
be in non-compliance with applicable environmental, safety or
other regulations, the Contractor will notify Owner and it will be
Owner's responsibility to correct its deficiencies. Contractor will
appropriately mark all such utilities, consistent with its
corresponding obligations within the contract documents.
2. Utility Work. Contractor shall perform all utility work in
accordance with applicable specifications issued by. the entity
having authority over the installation, maintenance and
preservation of the respective utility (see Drawing Nos. 500
through 506). Applicable specifications, drawings, and details
issued by the Augusta Utilities and Public Works Departments for
work to be performed on public utilities are on the Internet at
. http://augustaga.gov/departments/planningzoningldevdocs.htm.
3. Sanitary Sewer.
a. Existing Sewer Lines Crossing Canal (Drawing Nos. 170C
through 175C). If necessary, after consultation with Owner,
Contractor will temporarily reroute (install a pump around
system) existing sanitary sewer lines crossing the Canal during
the Canal Construction. Design of new piping materials and
support for the sanitary sewers will be in accordance with
8
applicable public utility specifications, and will be reviewed
arid approved by Ov-mer's registered professional engineer;
b. Sewer Outfalls into Existing Third Level Canal. Owner
assumes full responsibility for capping and controlling any and
all existing direct and/or indirect sanitary sewer outfalls that
may currently be discharging into the Canal (lawfully or
otherwise), in accordance with any and all applicable laws,
rules and regulations governing such discharges. Contractor
shall timely report to Owner any such sewer outfalls that it
discovers during the course of performing the Canal
Construction.
4. Storm Sewer (Drawing Nos. 170C through 175C). Contractor
shall remove or reroute existing storm sewers in accordance with
current Owner standards. Contractor shall maintain existing storm
sewer discharge locations to the extent that Contractor deems
practicable.
C. Traffic Rerouting. Contractor shall be required to comply with Owner's
requirements, including the latest edition of the Manual of Uniform
Traffic Control Devices (MUTCD) in effect as of the Effective Date of the
Construction Contract, for rerouting of traffic flow on existing roadways
during the course of Canal Construction (see Drawing Nos. 600 through
603). Owner shall cooperate and coordinate with Contractor on any and
all street closings and traffic rerouting required as part of the Canal
Construction.
D. Historic Recordation.
1. By Contractor.
a. Prior to demolition of certain eXlstmg structures within the
Canal Reaches, and as more particularly indicated within
Section V of these Specifications, Contractor shall record for
posterity certain portions of the existing infrastructure within
the Canal Reaches. Historic recordation of such elements by
Contractor shall comply with Contractor's corresponding
. obligations set forth in its Cultural Resources Survey, as
approved by the U.S. Army Corps of Engineers in the issuance
of its permit authorizing Contractor to dredge the Canal (see
Section m.D.I.c, below).
b. Presently, the parties have identified the following several
locations where Contractor shall or may be required to
9
historically record eXlstmg structures before refurbishing or
removing and reconstructing them. These are:
1) Existing ih Street/Twiggs Street Bridge - Reach D;
2) Existing Components of the Old Second Level Canal Gate
StructureIFoundation - Reach D;
3) Existing Walton Way Bridge - Reach E;
4) Existing 8th Street Bridge - Reach E;
5) Existing 9th StreetlFenwick Street Intersection Culvert
System - Reach F;
6) Existing 11 th Street Bridge (to the extent Contractor deems
practicable) - Reach G; and
7) Existing lih Street Bridge - Reach H.
c. The foregoing historic recordation by Contractor shall consist
of the following actions, upon which Owner has already
agreed, which shall be consistent with applicable U.S.
Department of Interior Standards and Guidelines for
Architectural and Engineering Documentation (HABS/HAER
Standards), except as modified below:
1) Photographic Documentation. Photographically record
affected structures to archival quality standards using medium
format, black and white photographs (4" x 4"). Contractor
shall take exterior view photographs of these structures,
including views of their settings. All photographs will be
keyed to a site plan, and will be indexed according to the
subject, date photographed, photographer's name, and frame
number. Contractor will provide one set of original prints and
negatives to Owner for retention in its permanent records;
2) Measured Drawings. Contractor shall prepare measured
drawings of the affected structures that depict existing
conditions or other relevant historic features. Provide one
original set of measured drawings on Mylar film and, if
. Contractor deems available, in electronic format, for each
affected structure to Owner for retention in its permanent
records; and
3) Written Data. The written history and description included
on the HABS/HAER guidelines will not be required.
2. Supplemental Historic Recordation andlor Preservation.
a. Owner has identified other locations within the affected Canal
Reaches where historic structures may exist. Likewise, Owner
believes that certain other structures within the designated
Canal Reaches have, or may have, historic significance to
10
Owner, even though they may not necessarily be called out for
such historic recordation pursuant to Section III.D.l, above.
As such, during the course of perfonning the Canal
Construction within the Canal Reaches, Contractor sh~ll make
its independent cultural resources/archaeological consultant
available on a routine basis, to assess those structures that
Contractor uncovers, for their respective historical significance,
if any. Contractor shall notify Owner and AGLC prior to each
such contact with apd corresponding assessment by its
independent consultant so that, if they desire, either party may
accompany Contractor's independent consultant on such
assessment. If the independent consultant determines that a
particular structure does have historic significance, Contractor
shall timely notify Owner of this fact, at which time Owner
may decide to historically record or otherwise preserve such
structure( s ).
b. In addition to the foregoing, and not later than five (5) days
after Contractor completes clearing and grubbing work within
any of the Canal Reaches, Owner, Professional, Contractor and
Contractor's independent consultant, and AGLC (if it so
desires), shall conduct a "walk-down" assessment of the
affected Canal Reaches, to identify any additional existing
structures that Owner may desire to historically record prior to
the remaining Canal Construction.
c. Upon notice from Owner of additional structures identified
under either Section a. or b., above, Contractor will historically
record such .structures consistent with the recordation actions
set forth in Section IILD.1.c, above. If Owner desires to
perform any additional historic recordation and/or preservation
above and beyond that which Contractor will perform, it may
do so, provided that it will be responsible for all additional
costs of such recordation and/or preservation, and it must
conduct such efforts in a manner that will not unreasonably
interfere with Contractor's performance of the remaining Canal
Construction.
d. Under no circumstances shall any supplemental historic
recordation be allowed to unreasonably interfere with
Contractor's performance of the remaining Canal Construction.
Further, Owner shall be responsible for any and all costs of
restoration of all of the historic structures, the. restoration of
which (if any) shall be performed after completion of Canal
Construction in the immediate vicinity, and so long as such
work does not interfere with Contractor's obligation to perform
11
other Canal Construction work or Remediation and Restoration
Work.
N. Specifications for Civil Work. In addition to the general specifications for the
overall Canal Construction set forth in Section III, above, the Civil Work
component of the Canal Construction shall be performed in accordance with the
following specifications:
A. Canal Channel Materials - All Reaches.
1. Concrete Canal Liner. All concrete materials shall be new and of
good quality. Canal Liner shall be designed and constructed so as
to conform to applicable American Concrete Institute ("ACI"),
ASTM and GDOT standards, and with sound engineering and
construction practices. Contractor shall require its registered
professional engineer to design the liner with the following
minimum criteria: i) base and wall thicknesses at a minimum of 5
inches and 8 inches, respectively (see Typical Section at Drawing
712C); ii) steady-state flow; iii) rapid drawdown; iv) cantilever
action; v) maintenance vehicle support (maximum of 3000 lbs. per
wheel); vi) and flotation, as applicable.
2. Erosion Control at Storm Sewer Outfalls. Contractor will apply
concrete flumes, rip-rap, or similar appropriate hydraulic energy
dissipaters, below storm sewer outfalls at Canal bank locations
receiving grass coverings. Contractor shall incorporate these final
erosion control measures into the 100% Design Drawings for
Owner's review and approval.
3. Grass/Seeding. Contractor will establish a uniform stand of grass
as final covering of Canal banks (except where otherwise
required), by applying hydromu1chlliydroseeding, with the seed
mix to be determined by mutual agreement of Contractor and
Owner.
B. CICS - Reach D.
1. The CICS is intended to provide a means to retain water in the
Canal between the CICS and the existing 1ih Street gates.
Contractor shall install the CICS just east of the old Second Level
Canal inflow near King Street (subject to existing conditions) (see
generally Drawing No. 882S)). The CICS Gates will be designed
to rise above the design high water surface elevation for the design
storm specified in the Hydraulic Plan.
2. The CICS will consist of two (2) overflow type roller gates and
associated appurtenances. Contractor shall set the gates in
12
prefabricated chamlels of equal width to allow for a design finish
and design flo\\' width of net 40 ft. along the Canal bottom at the
location of this structure. The tlrreaded stems of the gates will be
operated by tandem actuators and motors to synclrronize the lifting
and lowering of the gates.
3. Contractor will construct cast-in-place concrete abutments on each
side of the gates with a center column completing the CICS.
4. Contractor will construct an expanded metal grating walkway with
appropriate handrails spanning the Canal width across the top of
the CICS to facilitate access to the actuators, motors and control
panel (see Drawing No. 882S and Supplemental Details).
C. Bridgework - Reaches D, E, F and G.
1. Bridge Refurbishment. This work is defined to include
construction of wing walls to channel flow upstream and
downstream of the 7th Street/Twiggs Street Bridge (see
Supplemental Details), and to install concrete floors (if not already
present) under both the 7th Street/Twiggs Street and 11th Street
Bridges. Owner acknowledges and accepts the fact that Bridge
Refurbishment work anticipated by these Specifications will not
fully satisfy the Hydraulic Plan;
2. New Bridges. New bridges will be prefabricated reinforced
concrete structures or other approved component structures, of the
size and dimension to accommodate the design Canal width. Such
bridges shall be designed, manufactured and erected in accordance
with all applicable government rules and regulations, including
applicable GDOT regulations governing the construction of
roadway bridges. All prefabricated bridge components shall be
constructed in accordance with applicable industry standards and
erected in accordance with manufacturer's specifications;
3. New CSX Crossing. Any and all prefabricated railway crossing
components shall be constructed in accordance with applicable
industry standards and erected in' accordance with manufacturer's
specifications.
D. Culvert System - Reach F. The new box culvert system will be
prefabricated reinforced concrete structures of the size and dimension
shown on the Drawings. (See Drawing No. 860S). Each new box culvert
will be fabricated in conformance with applicable ASTM and AASHTO
standards, and installed in accordance with applicable GDOT standards.
13
V. Scope of Canal Construction (By Canal Reach). The Canal Construction
encompasses that portion of the Augusta Third Level Canal located between the
first railroad trestle south/southeast of the ih Street/Twiggs Street Bridge and
extends north/northwest to 12th Street, comprising Canal Reaches C through H
(see generally Drawing No. 005e). Canal Construction shall also include
excavation and grading work necessary to achieve the Canal profile per the
Hydraulic Plan. The final grade of the Canal bank slopes is 2:1, to the extent
practicable, and except at transition sections and as may otherwise be mutually
agreed upon by Contractor and Owner, or their respeCtive designated
representatives, in the field. The Canal Construction is more pa.i1:icularly
described within 'each of the affected Canal Reaches as follows:
A. Reach C - South/Southeast of ih Street/Twiggs Street. In that portion of
the Augusta Property between ih Street/Twiggs Street proceeding
soutb/southeasterly 460 ft. to the existing railroad trestle (Drawing No.
100C), Contractor shall perform the following work:
1. Clearing and Grubbing. Clear existing vegetation, brush and trash
from this reach;
2. Excavation and Finish Grading. Excavate non-impacted material to
120.5 ft. MSL at the existing railroad trestle (Drawing Nos. 180C
and 190C), with finish grading to 122.0 ft. MSL at the ih
Street/Twiggs Street Bridge (see Drawing Nos. 180C, 190C and
452C), so long as such work does not materially compromise the
Contractor's overriding obligation, at this specific location, to
maintain the existing structural integrity of either the existing
bridge or the mid-City sewer interceptor line. Excavate this Canal
reach sufficiently to achieve the desi~ finish width of 40 ft. along
the Canal bottom, from the i /Twiggs Street Bridge to
approximately 200 ft. south/southeast thereof. From this point,
transition the Canal bottom width to the current cross section at the
existing railroad trestle. Slope the Canal banks and transition into
existing slopes, as Contractor deems necessary, and in accordance
with sound engineering and construction practices, in order to
achieve the corresponding design Canal cross section;
3. Canal Channel Materials:
a. New Concrete. Place a 40 ft. wide concrete Canal channel
along the Canal bottom, from ih Street/Twiggs Street to
approximately 200 ft. south/southeast of the ih Street/Twiggs
Street Bridge, with concrete walls of varying height (minimum
of 3.5 ft. high, except for transitions at end sections (see
Typical Section on Drawing No. 712C));
14
b. New Vegetative Materials. From 200 ft. south/southeast of the
1'h Street/Twiggs Street Bridge, transition the Canal bottom
with erosion resistant materials to a vegetated channel
continuing approximately 260 ft. south/southeast to the existing
railroad trestle.
B. Reach D - 7th Street/Twiggs St. to 8th Street. In that portion ,of the
Augusta Property from ih Street/Twiggs Street to 8th Street (Drawing No.
101 C), Contractor shall perform the following work:
1. Additional Remediation Work:
a. Clearing and Grubbing. Clear existing vegetation, brush and
trash from this reach;
b. Excavation. Excavate impacted material (unsaturated and
saturated zone) and non-impacted material to 119.5 ft. MSL at
ih Street/Twiggs Street (Drawing Nos. 180C, 190C, and 452C)
or as limited by existing bridge foundation and existing mid-
City sewer interceptor line. Excavate to 120.0 ft. MSL at high
point near King Street (Drawing Nos. 180C, 190C and 456C),
then excavate to 118.5 MSL at 8th Street (Drawing Nos. 181C
and 191C). Excavate this Canal reach sufficiently to achieve
the design [mish width of 40 ft. along the Canal bottom. Slope
the Canal banks, as Contractor deems necessary, and in
accordance with sound engineering and construction practices,
in order to achieve the corresponding design Canal cross
section.
2. Civil Work:
a. Finish Grading and Canal Channel Materials. Grade this reach
to achieve a finish grade of approximately 122.0 ft. MSL at ih
Street/Twiggs Street (Drawing Nos. 180C, 190C and 452C),
then finish grading to approximately 122.5 ft. MSL at the
Canal high point near King Street (Drawing Nos. 180C, 190C,
and 456C), and then finish grading to approximately 120.8 ft.
MSL at 8th Street (Drawing Nos. 181C, 191C, and 460C).
Place a 40 ft. wide concrete channel along the Canal bottom
with minimum 3.5 ft. high walls, adjusted in height to account
for existing remaining inflow pipes, bridges and other abutting
structures (See Typical Section at Drawing No. 712C);
b. Bridgework. Retrofit existing ih Street/Twiggs Street Bridge
to include construction of wing walls (see Supplemental
Details) to channel flow upstream and downstream of the
15
Bridge. Install concrete floor under this bridge (if not already
existina)'
.:::>'
c. Right-of-Way. Restore the th Street/Twiggs Street right-of-
way;
d. CICS.
1) Historic Recordation. Historically record existing surface
and subsurface elements of the remaining Second Level gate
structures and appurtenances adjacent to the new CICS, as set
forth in Section m.D.1.c, above;
2) New Structure. At the Second to Third Level Canal
intersection located in this reach (approximately 3,730 ft.
south/southeast of the existing lih Street gates), construct the
CICS in such a manner as to regulate the re:'watering of the
Canal with existing means, and in accordance with the
specifications previously set forth herein. (See Supplemental
Details).
e. Utilities. Support and protect or, if Contractor deems
necessary, remove, pump around and replace existing sanitary
sewer line located just east of the Sth Street bridge, at its current
elevation, through the hew Canal channel (approximately 3 ft.
above the flow line).
C. Reach E - 8th Street to 9th Street. In that portion of the Augusta Property
from Sth Street to 9th Street (Drawing Nos. 102C and 103C), Contractor
shall perform the following work:
1. Additional Remediation Work:
a. Clearing and Grubbing. Clear existing vegetation, brush and
trash from this reach;
b. Excavation. Excavate impacted material (unsaturated zone and
saturated zone) and non-impacted material to approximately
11S.5 ft. MSL at Sth Street (Drawing Nos. lSlC and 191C),
then excavate to approximately 117.5 ft. MSL at 9th Street
(Drawmg Nos. lS2C, 192C and 469C). Excavate this Canal
reach sufficiently to achieve the design width of 40 ft. along
the Canal bottom. Slope the Canal banks, as Contractor
deems necessary, and in accordance with sound engineering
and' construction practices, in order to achieve the
corresponding design Canal cross section.
16
2. Civil Work:
a. Finish Grading and Canal Channel Materials. Grade this reach
to achieve a [mish grade of approximately 121.0 ft. MSL at 8th
Street (Drawing Nos. l8lC, 19lC and 460C), and
approximately 120.0 ft. MSL at 9th Street (Drawing Nos. 182C
and 192C). Install a 40 ft. wide concrete channel along the
Canal bottom, with a minimum 3.5 ft. high walls (see Typical
Section on Drawing No. 712C)), adjusted in height to account
for existing remaining inflow pipes, bridges and other abutting
structures;
b. Bridgework:
1) Historic Recordation. Historically record eXIstIng
superstructure elements, including brick walls, capstones,
commemorative plaque, period lighting fixtures, and sidewalks
associated with the 8th Street and Walton Way Bridges.
Perform such historic recordation as specified in Section ill,
above before commencing demolition. Owner will be
responsible for any and all historic restoration work after the
new bridges are constructed, including retention of existing
elements removed. To the extent feasible, the parties will
attempt to identify such elements during the initial walk-down
assessment outlined in Section ill, above; .
2) Demolition and Disposal. Demolish the existing 8th Street
and Walton Way bridges and dispose of demolished materials
in accordance with the requirements set forth in the
Construction Contract;
3) New Bridge Construction:
i) 8th Street Bridge. Construct a new bridge using
prefabricated concrete box girders and poured in place
concrete abutments with wing walls. Flow line at 121 MSL
(Drawing Nos. 712C and 820S and Supplemental Details);
ii) Walton Way Bridge. Construct a new bridge to
accommodate the new channel width, with an approximate
span 90 ft. long and 42 ft. wide, using prefabricated
concrete with wing walls. Flow line at 120.4 ft. MSL
(Drawing No. 840S and Supplemental Details).
c. Rights-of- Way. Prepare road bases, restore and repave the 8th
Street and Walton Way Bridge rights-of-way, as necessary, to
accommodate vehicular traffic across the new bridges.
Reconstruction of the road base and paving at these bridges and
their respective approaches shall be as previously specified
herein.
17
d. Utilities:
1) During Canal \videning, support the eXlstmg Georgia
Power pole located near 8th Street with sheet piling in order to
comply with Georgia Power's "no-dig" setback requirements.
Sheet piling will remain in place at an acceptable depth beneath
the roadway after completion of this work (Drawing No.
712S);
2) At bridges, restore existing utilities (as determined by a
utility survey performed before starting this work);
D. Reach F - 9th Street to 10th Street. In that portion of the Augusta Property
from 9th Street to loth Street (Drawing Nos. 103C and 104C), Contractor
shall perform the following work:
1. Additional Remediation Work:
a. Clearing and Grubbing. Clear existing vegetation, brush and
trash from this reach;
b. Excavation. Excavate impacted material (unsaturated and
saturated zone) and non-impacted material to 117.5 ft. MSL at
9th Street (Drawing Nos. 182C, 192C and 469C), excavating to
116.5 ft. MSL at 10th Street (Drawing Nos. l83C, 193C and
476C). Excavate this Canal reach sufficiently to achieve the
design finish width of 30 ft. along the Canal bottom. Slope the
Canal banks, as Contractor deems necessary, and in accordance
with sound engineering and construction practices, in order to
achieve the corresponding design Canal cross section.
2. Civil Work:
a. Finish Grading and Canal Channel Materials. Grade this reach
to achieve a finish grade of approximately 120.0 ft. MSL at 9th
Street (Drawing Nos. 182C and 1 92C), and approximately
119.0 ft. MSL at 10th Street (Drawing Nos. l83C, 193C and
476C). Install a 30 ft. wide concrete channel along the Canal
bottom with a minimum 3.5 ft. high walls (see Typical Section
at Drawing No. 712C), adjusted in height to account for
existing remaining inflow pipes, bridges and other abutting
structures;
. b.
Culvert Construction:
1) Historic Recordation.
elements associated with
Section m.D.I.c.;
Historically record structural
existing culvert, as set forth in
18
2) Demolition and Disposal. Remove the existing 9th Street/
Fe'nwick Street Intersection culvert system and dispose of
demolished materials in accordance with the requirements set
forth in the Construction Contract;
3) New Culvert. Construct a new triple, 9 ft. by 10ft. box
culvert system under the 9th StreetlFenwick Street Intersection,
after shifting the Canal to the southwest so as not to interfere
with existing utilities (see Drawing No. 860S).
c. CSX Crossing:
1) Demolition and Disposal. Remove the existing culvert
system at the CSX crossing and dispose of demolished
materials in accordance with the requirements set forth in the
Construction Contract. Also, coordinate with CSX for the
permanent removal of existing spur line and temporary
removal, as necessary, of main rail line, pending construction
of new CSX crossing;
2) Construct New CSX Crossing. Subject to CSX approval,
and in accordance with the construction agreement between
Contractor and CSX, construct a railway crossing that will span
the design Canal width at this location (see generally Drawing
No. 881S and Supplemental Details).
d. Rights-of-Way:
1) 9th StreetlFenwick Street Intersection. Prepare road bases,
restore and repave the right-of-way to accommodate vehicular
traffic through this intersection. Reconstruction of the road
base and paving at this intersection shall be as previously
specified herein;
2) Restore the CSX Crossing right-of-way, as required by the
construction agreement between Contractor and CSX.
e. Utilities:
1) Telecommunications. Reroute overhead telecommunication
lines running into existing "splicing vault" located under the 9th
StreetlFenwick Street Intersection, in order to accommodate
the new box culvert system installation;
2) Sanitary Sewer. Support and protect, or, if necessary after
consultation with Owner, Contractor will remove, pump
around and replace, existing sanitary sewer line, at its current
elevation at the 9th StreetlFenwick Street Intersection culvert,
through the Canal channel (approximately 4 ft. above the flow
line);
3) Existing Utilities at 9th StreetlFenwick Street Intersection.
Restore existing utilities.
19
E. Reach G - lOth Street to 11th Street. In that portion of the Augusta
Property from lOth Street to 11th Street (Drawing No. 104C), Contractor
shall perform the following work:
1. Additional Remediation Work:
a. Clearing and Grubbing. Clear existing vegetation, brush and
trash from this reach;
b. Excavation. Excavate impacted material (saturated and
unsatwated zone) and non-impacted material to approximately
116.5 ft. MSL at 10th Street (Drawing Nos. 182C, 192C and
469C), excavating to approximately 116.0 ft. MSL at 11 th
Street (Drawing Nos. 183C, 193C 478C and 479C). Excavate
this Canal reach sufficiently to achieve the design finish width
of 30 ft. along the Canal bottom. Slope the Canal banks as
Contractor deems necessary to achieve the corresponding
design Canal profile, taking into consideration existing vertical
walls located within this reach.
2. Civil Work:
a. Finish Grading and Canal Channel Materials. Grade this reach
to achieve a finish grade of approximately 119.0 ft. MSL at
10th Street (Drawing Nos. 183C, 193C and 476C), and
approximately 118.5 ft. MSL at 11 th Street (Drawing Nos.
183C, 193C, 478C and 479C). Install a 30 ft. wide concrete
channel along the Canal bottom with concrete retaining walls
(varying heights) (Typical Section on Drawing No. 712C);
b. Historic Recordation. Clean out existing sediments underneath
11 th Street Bridge. Preserve historic character of the bridge and
appurtenant structures, to the extent that Contractor deems
practicable. Historic recordation, if any, shall be in accordance
with Section III, above.
F. Reach H - 11th Street to 12th Street. In that portion of the Augusta
Property from 11 th Street to 1ih Street (Drawing No. 105C):
1. Clearing and Grubbing. Clear existing vegetation, debris and trash
from this reach.
2. Historic Recordation. Record the historic character of the 12th
Street gates and bridge, as Contractor deems practicable. Perform
20
Historic Recordation in accordance with the specifications set forth
in Section III, above.
3. Excavation. Excavate non-impacted material to approximately
116.0 ft. MSL at 11 th Street (Drawing Nos. 183C, 193C, 478C and
479C), excavating to approximately 113.75 ft. MSL at 1ih Street
(Drawing Nos. 183C, 193C and 482C). Excavate this Canal reach
sufficiently to achieve the design finish width of 30 ft. along the
Canal bottom. Slope the Canal banks as Contractor deems
necessary, and in accordance with sound engineering and
construction practices, in order to achieve the corresponding
design Canal profile, taking into consideration existing vertical
walls located within this reach.
4. Finish Grading and Canal Channel Materials. Grade this reach
sufficiently to achieve a finish grade of approximately 118.5 MSL
at 11th Street (Drawing Nos. 183C, 193C, 478C and 479C), and
approximately 116.25 ft. MSL at 1ih Street (Drawing Nos. 183C,
193C and 482C). Install a 30 ft. wide concrete channel along the
Canal bottom. Construct new concrete retaining wall along the
north side of the Canal, unless Contractor determines it possible to
use existing concrete retaining wall at this location, and so long as
the re-use of such retaining wall would be in accordance with
sound engineering and construction principles. Construct a new
retaining wall along the south side of the Canal, from the 11 th
Street Bridge to an approximate distance of 240 ft. north/northwest
of the 11th Street Bridge, with a miillmum 3.5 ft. high walls (see
Typical Section at Drawing No. 712C), adjusted in height to
account for existing remaining inflow pipes, bridges and other
abutting structures.
- END OF SPECIFICATIONS-
21
TABLE "1"
List of 70% Design Drawings
DWG DATE DATE DRA WING TlTLE
. NO. PREPARED REVlSED
OO]C 07/21/2003 COVER SHEET
002C LEGEND AND INDEX SHEET
003C 07/21/2003 GENERAL SPEC]FICATIONS FOR ADD]TIONAL WORK
004C 07/21/2003 GENERAL NOTES
005C OVERALL SITE PLAN AND BENCHMARK
100C 07/21/2003 EXISTING CONDITIONS ] OF 6
]OIC 07/21/2003 EXISTING CONDITIONS 20F6
]02C. 07/21/2003 EXISTING CONDITIONS 3 OF 6
103C 07/21/2003 EXISTING CONDITIONS 40F6
]04C 07/21/2003 EXISTING CONDITIONS (5 OF 6
105C 07/21/2003 EXISTING CONDITIONS (6 OF 6
170C 07/21/2003 EXISTING UTILITIES PLAN ] OF6
171C 07/21/2003 EXISTING UTILITIES PLAN 20F6
172C 07/21/2003 EXISTING UTILITIES PLAN 30F6
]73C 07/21/2003 EXISTING UTILITIES PLAN 40F6
]74C 07/21/2003 EXISTING UTILITIES PLAN (5 OF 6
175C 07/21/2003 EXISTING UTILITIES PLAN (6 OF 6
180C 07/21/2003 PLAN & PROFILE EAST] OF 4
]8]C 07/21/2003 PLAN & PROFILE EAST 2 OF 4
]82C 07/21/2003 PLAN & PROFILE EAST 3 OF 4
]83C 07/21/2003 PLAN & PROFILE EAST 4 OF 4
]90C 07/21/2003 PLAN AND PROFILE WEST 1 OF 4
]9]C 07/21/2003 PLAN AND PROFILE WEST 2 OF 4
]92C 07/21/2003 PLAN AND PROFILE WEST 3 OF 4
]93C 07/21/2003 PLAN AND PROFILE WEST 4 OF 4
450C. 07/21/2003 CANAL CROSS-SECTIONS: STATION 00+00 - 01+00
45]C 07/21/2003 CANAL CROSS-SECTIONS: STATION 0] +50 - 02+50
452C 07/21/2003 CANAL CROSS-SECTIONS: STATION 03+00 - 04+00
453C 07/2]/2003 CANAL CROSS-SECTIONS: STATION 04+64 - 05+00
454C 07/2] /2003 CANAL CROSS-SECTIONS: STATION 05+50 - 06+50
455C 07/21/2003 CANAL CROSS-SECTIONS: STATION 07+00 - 08+00
456C 07/21/2003 CANAL CROSS-SECTIONS: STATION 08+50 - 09+50
457C 07/21/2003 CANAL CROSS-SECTIONS: STATION 10+00 - 11 '1-00
458C 07/21/2003 CANAL CROSS-SECTIONS: STATION] ] +50 - ] 2+50
459C 07/21/2003 CANAL CROSS-SECTIONS: STATION] 3+00
460C 07/21/2003 CANAL CROSS-SECTIONS: STATION 13+65 - ]4+43
46]C 07/21/2003 CANAL CROSS-SECTIONS: STATION] 5+00 - ] 6+00
462C 07/21/2003 CANAL CROSS-SECTIONS: STATION] 6+50 - ] 7+50
463C 07/21/2003 CANAL CROSS-SECTIONS: STATION 18+00 - ] 9+00
464C 07/21/2003 CANAL CROSS-SECTIONS: STATION] 9+50 - 20+50
465C 07/21/2003 CANAL CROSS-SECTIONS: STATION 20+95 - 21+76
466C 07/21/2003 CANAL CROSS-SECTIONS: STATION 22+00 - 23+00
467C 07/21/2003 CANAL CROSS-SECTIONS: STATION 23+50 - 24+50
468C 07/21/2003 CANAL CROSS-SECTIONS: STATION 25+00 - 26+00
469C 07/21/2003 CANAL CROSS-SECTIONS: STATION 26+] 6 - 27+] 6
470C 07/21/2003 CANAL CROSS-SECTIONS: STATION 27+56 - 28+50
47]C 07/21/2003 CANAL CROSS-SECTIONS: STATION 29+00 - 30+00
472C 07/21/2003 CANAL CROSS-SECTIONS: STATION 30+50-31+00
473C 07/21/2003 CANAL CROSS-SECTIONS: STATION 31 +50 -32+50
474C 07/21/2003 CANAL CROSS-SECTONS: STATION 33+00 - 34+00
475C 07/21/2003 CANAL CROSS-SECTIONS: STATION 34+50 - 35+50
476C 07/21/2003 CANAL CROSS-SECTIONS: STATION 36+00 - 37+00
477C 07/2]/2003 CANAL CROSS-SECTIONS: STATION 37+50 - 38+50
478C 0712 1/2003 CANAL CROSS-SECTIONS: STATION 39+00
479C 07/21/2003 CANAL CROSS-SECTIONS: STATION 40+50 - 41+50
480C 07/21/2003 CANAL CROSS-SECTIONS: STATION 42+00 - 43+00
481C 07/21/2003 CANAL CROSS-SECTIONS: STATION 43+50 - 44+50
482C 07/21/2003 CANAL CROSS-SECTIONS: STATION 45+00
500 07/21/2003 AUGUSTA-RICHMOND COUNTY DETAILS I
SOl 07/21/2003 AUGUSTA-RICHMOND COUNTY DETAILS II
502 07/21/2003 AUGUSTA-RICHMOND COUNTY DETAILS III
503 07/21/2003 AUGUSTA-RICHMOND COUNTY DETAILS IV
504 07/21/2003 RESTORATION DETAILS V
505 07/2112003 AUGUSTA-RICHMOND COUNTY DETAILS VI
506 07121/2003 GENERAL NOTES (UTILITIES)
600 07/2112003 TRAFFIC RE-ROUTING CLOSURE OF 81H STR., TAYLOR STR., AND
KING STR.
601 07/21/2003 TRAFFIC RE-ROUTING CLOSURE OF W ALTON WAY CORIDOR
602 07/21/2003 TRAFFIC RE-ROUTING CLOSURE OF 9111 STR. AND FENWICK STR.
INTERSECTION
603 07/21/2003 TRAFFIC RE-ROUTING CLOSURE OF WALKER STR.
700S 07/31/2003 PAVEMENT RESURFACE
712C 07/31/2003 CANAL CROSS-SECTION - 8TH STR. SHEET PILE
820S 07/3 112003 81H STREET BRIDGE: GENERAL PLAN, ELEVATION AND SECTION
840S 07/30/2003 W ALTON WAY BRIDGE: GENERAL PLAN, ELEVATION AND
SECTION
860S 07/31/2003 9111 STREET CULVERTS: GENERAL PLAN, ELEVATION AND
SECTION
881S 07/30/2003 RAILROAD CROSSING BRIDGE: GENERAL PLAN, ELEVATION AND
SECTION
882S 07/30/2003 INLETCONTROLSTRUCURE
EXHIBIT B
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT BETWEEN
CONTRACTOR, OWNER AND AGLC
ARTICLE I--DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the
meanings indicated, which are applicable to both the singular and plural thereof:
Additional Remediation Work- The labor, materials and equipment, specifically additional excavation of
impacted materials to designated grades in order to achieve Augusta's desired canal profile as well as
removal of such impacted materials and restoration of the excavation areas consistent with applicable
regulatory requirements.
AGLC- Atlanta Gas Light Company, a Georgia corporation.
Application for Payment- The form that CONTRACTOR will be required to use when submitting applications
for progress and final payments that is acceptable to OWNER, AGLC and CONTRACTOR attached as
Exhibit "1" to the Construction Contract and which, when completed, must be submitted by CONTRACTOR
for subsequent review, approval and payment in accordance with the Contract Documents.
Augusta Properly- All of the real property that OWNER owns, will acquire or provide access to for purposes of
CONTRACTOR performing the Canal Construction. The Augusta Properly shall not include any real property
that AGLC owns or otherwise controls for purposes of CONTRACTOR performing the Canal Construction.
The Augusta Properly is more particularly identified in Exhibit "i' attached hereto.
Basis of Design Work Plan- That certain Basis of Design Work Plan, dated December 9,2002 and approved
by the Georgia Environmental Protection Division, as amended from time to time, which describes the
remedial actions to be implemented to address the MGP Constituents present on the Augusta Properly.
Canal Construction- Combination of designated civil and infrastructure improvement work that OWNER
desires to have performed within designated portions of the Augusta Third Level Canal (i.e., the "Civil Work")
and designated Addftional Remediation Work that must be performed in order to achieve OWNER'S desired
canal profile within the same designated portions of the Augusta Third Level Canal.
Change Order- The form that shall be used for any and all changes or modifications to the Contract
Documents that occur on or after the Effective Date of the Cons"truction Contract and which, when signed by
OWNER, CONTRACTOR and AGLC, authorizes an adjustment to the Contract Price or Contract Time, or a
modification to the Civil Work. .
Civil Work- The labor, materials, equipment and services furnished by CONTRACTOR that are reasonably
necessary to perform and complete the civil and infrastructure improvement work in the Augusta Third Level
Canal, as more particularly set out in Article 2 of the Construction Contract.
Construction Contract- The written agreement between OWNER, CONTRACTOR, and AGLC covering the
Civil Work, as such work is more particularly defined in the Contract Documents.
Contingency Work- As more particularly defined in the Construction Contract.
Contract Documents-The Construction Contract, plus all exhibits and attachments thereto, and as more
particularly set forth in Article ~.1 therein; specifically including CONTRACTOR's Project Schedule,
CONTRACTOR'S Schedule of Values; these General Conditions and all attachments hereto; the
Specifications, the Design Drawings; CONTRACTOR'S Certificates of Insurance; Notice to Proceed (if any);
and Change Order forms duly delivered after execution of the Construction Contract together with all
amendments, modifications and supplements issued pursuant to the applicable provisions of these General
Conditions.
GC-1
Contract Price- The amounts payable by OWNER to CONTRACTOR under the Contract Documents as stated
in the Construction Contract.
Contract Time- The number of days for the completion of the Canal Construction, as stated in the Project
Schedule.
CONTRACTOR- Williams Environmental Services, Inc. a Georgia corporation, hereinafter referred to in the
Contract Documents as "CONTRACTOR".
COUNTY- Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the
Augusta-Richmond County Commission, and its authorized designees, agents, or employees.
CSX Crossing Work- That portion of the Canal Construction directly attributable to, or associated with, the
CSX Railroad's raillirie crossing the Augusta-Third Level Canal, as such work is more particularly set out in
the Specifications and the Design Drawings. .
Day- A calendar day, unless otherwise provided for in the Contract Documents.
Defective Work- All or any portion of the Civil Work that is not performed in accordance with the requirements
set forth in the Contract Documents.
Design Drawings- That portion of the Contract Documents containing drawings, details, diagrams and
schematics of various material components of the Canal Construction. These Contract Documents are more
specifically comprised of the following submittals: i) 70% Design Drawings; ii) Supplemental Details; and 100%
Design Drawings, as such submittals are more particularly defined within the Specifications. As of the
Effective Date of the Construction Contract, CONTRACTOR has prepared and submitted, and AGLC and
OWNER, or its PROFESSIONAL, have reviewed and approved the 70% Design Drawings and the
Supplemental Details.
Effective Date of the Construction Contract- The date indicated in the Construction Contract on which it
becomes effective, but if no such date is indicated it means the date on which the Mayor of Augusta, Georgia,
signs the Construction Contract.
Laws or Regulations- Laws, rules, regulations, ordinances, codes and/or orders applicable to the Civil Work.
Notice to Proceed- A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL and
AGLC) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall
start to perform CONTRACTOR'S obligations under the Contract Documents. .
OWNER- Augusta, Georgia.
Partial Utilization- Placing a portion of the Canal Construction in service for the OWNER'S intended use before
reaching Substantial Completion for all of the Canal Construction. With respect to the CSX Crossing Work,
this term shall apply to placing such work in service for CSX Railroad's intended use before Substantial
Completion of that portion of the Canal Construction.
PROFESS/ONAL- The OWNER's representative designated to review and comment upon the Specifications
and the Design Drawings and to represent the OWNER on-site during the Canal Construction. For purposes
of the Canal Construction, the PROFESSIONAL shall be Cranston, Robertson and Whitehurst, P.C.
Project Schedule- The Contract Document, submitted by CONTRACTOR, that sets forth the timing and
sequencing of the Canal Construction, including the Civil Work, to be performed by CONTRACTOR, as set
forth in Paragraph 2.4 of these General Conditions.
Public Utilities- All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing such facilities owned by or in the care, custody or
control of OWNER.
GC-2
RemediatifJn, Restoration and Indemnification Agreement- The written document between AGLC and
OWNER, entered into contemporaneously with the Construction Contract, and pursuant to which, among
other things, OWNERand AGLC agree to perform certain work on the Augusta Properly, as more particularly
set forth in the Contract Documents.
Remediation and Restoration Work- Separate work that CONTRACTOR is performing contemporaneously for
AGLC on all or a portion of the Augusta Properly, pursuant to separate terms and conditions.
Remediation Contract- The written contract by and between AGLC and CONTRACTOR dated December 26,
2002, pursuant to which CONTRACTOR is performing the Remediation and Restoration Work and pursuant to
which CONTRACTOR will perform the Additional Remediation Work.
Schedule of Values- Itemized breakdown of the Contract Price for the various major work activities associated
with the Canal Construction for which Augusta is responsible pursuant to the Construction Contract.
General Specifications and Scope of Work for Canal Construction (hereinafter referred to as the
"Specifications')- That portion of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship that CONTRACTOR will use to
perform Canal Construction, including the Civil Work, and" certain administrative details applicable thereto.
The Specifications have been prepared by CONTRACTOR and reviewed and approved by OWNER, or its
PROFESSIONAL, and AGLC.
Subcontractor- An individual, firm or corporation having a direct contract with CONTRACTOR for the
performance of some portion of the work to be performed pursuant to the Contract Documents.
Substantial Completion- The Civil Work, excluding the CSX Crossing Work, (or a specified part thereof) has
progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's
definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract
Documents, so that OWNER can utiiize the Civil Work (or specified part) for its intended purpose, or if there
be no such certificate issued, when final payment is due in accordance with Paragraph 14.12 of these
General Conditions. With respect to the CSX Crossing Work, this term shall mean that such work has
progressed to the point where, in the opinion of CSX Railroad, or its designated representative, as evidenced
in CSX Railroad's definitive certificate of Substantial Completion, it is sufficiently complete in accordance with
the Contract Documents so that CSX Railroad can utilize such work for its intended purpose. The terms
"substantially complete" and "substantially completed" as applied to any Civil Work refer to Substantial
Completion thereof. CONTRACTOR'S Substantial Completion obligations with respect to the Additional
" Remediation Work shall be as set forth in the Remediation Contract.
Supplier- A manufacturer, fabricator, supplier, distributor, materialman or vendor to CONTRACTOR or a
subcontractor of CONTRACTOR.
Underground Facilities- All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other
such facilities or attachments, and any encasement containing such facilities which have been installed
underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, or cable television; excluding Public Utilities.
Work Change Directive- A written directive to CONTRACTOR, issued on or after the Effective Date of the
Construction Contract and signed by OWNER, ordering an addition, deletion or revision in the Civil Work, or
responding to differing or unforeseen physical conditions under which the Civil Work is to be performed as
provided in Paragraph 4.2.3 of these General Conditions or to emergencies under Paragraph 6.20 of these
General Conditions. A Work Change Directive may not change the Contract Price or the Contract Time but is
evidence that the parties expect that the change directed or documented by a Work Change Directive will be
incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Time as provided in Article 10 of these General Conditions.
GC-3
Written Amendment- A written amendment of the Contract Documents, signed by OWNER, AGLC and
CONTRACTOR on or after the Effective Date of the Construction Contract and normally dealing with the non-
engineering or non-technical rather than strictly work-related aspects of the Contract Documents.
ARTICLE 2--PRELlMINARY MATTERS
Copies of Documents:
2.1. Upon execution of the Construction Contract, OWNER, PROFESSIONAL, CONTRACTOR and
AGLC shall each receive one complete set of Contract Documents. Thereafter, if any party requires an
additional set, CONTRACTOR will, upon request by the requesting party, provide such additional set at the
cost and expense of the requesting party, and based upon CONTRACTOR'S standard charges for printing
and reproduction.
Commencement of Contract Time, Notice to Proceed:
2.2. The Contract Time shall commence as established in the Notice to Proceed. A Notice to
Proceed may be given at any time after the Effective Date of the Construction Contract.
Starting the Canal Construction:
2.3. CONTRACTOR shall commence the Canal Construction not later than the date set forth in the
Notice to Proceed. Any Canal Construction performed by CONTRACTOR before the Effective Date of the
Construction Contract shall be at the sole risk of CONTRACTOR, except such work that may be authorized by
OWNER.
Before Starting Canal Construction:
2.4. CONTRACTOR has submitted to the OWNER, the PROFESSIONAL and AGLC, the Project
Schedule for the Canal Construction, including the sequencing of the Civil Work. OWNER, PROFESSIONAL
and AGLC have reviewed and approved this schedule prior to execution of the Construction Contract. The
Project Schedule shall be revised at appropriate intervals as required by the conditions of the Civil Work, shall
be related to the overall schedule for Canal Construction, to the extent required by the Contract Documents,
and shall provide for reasonably expeditious and practicable execution of all such work. CONTRACTOR shall
submit all material revisions to the Project Schedule to the OWNER, its PROFESSIONAL (if OWNER so
designates) and AGLC within five (5) days of each such revision.
2.5. The parties hereto expressly agree and understand that any major revisions in the Project
Schedule, including those which will require CONTRACTOR to reschedule prearranged material or equipment
deliveries, or to furnish labor on overtime or shift schedules, will be made only by mutual agreement of the
parties to the Construction Contract.
2.6. CONTRACTOR shall coordinate the Canal Construction so as not to unreasonably delay or
interfere with other contractors of OWNER or the OWNER's own forces; provided, however, that any such
other work of contractors of OWNER or the OWNER'S own forces shall not delay or interfere with the
Remediation and Restoration Work or the Additional Remediation Work.
Pre-construction Conference:
2.7. Before any work on the Augusta Property is started, a conference attended by CONTRACTOR,
OWNER, PROFESSIONAL, AGLC and others as appropriate will be held to establish a working understanding
among the parties as to coordinating the Canal Construction and the Remediation and Restoration Work and
to discuss the Project Schedule as well as procedures for handling submittals, processing applications for
payment and maintaining required records.
GC-4
Schedule of Values:
2.8.1. CONTRACTOR has submitted a detailed Schedule of Valu.es for all of the various work
activities covered by this Construction Contract, and upon which the Contract Price is based, to the OWNER
and AGLC as of the Effective Date of the Construction Contract. OWNER may rely upon this Schedule of
Values as the basis of reviewing and approving or disputing, as the case may be, CONTRACTOR'S
Applications for Payment, subject to any and all subsequently approved modifications to the Schedule of
Values.
2.8.2. Unless otherwise provided for therein, the Schedule of Values shall not apply to any additional
work performed by CONTRACTOR as contemplated in Article 7 of these General Conditions, nor shall it
apply to Contingency Work as contemplated in the Contract Documents or in the applicable amendment to the
Remediation Contract.
ARTICLE 3--CONTRACT DOCUMENTS; INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR
with respect to the subject matter thereof. The Contract Documents are complementary: what is called for by
one is as binding as if called for by all.
3.2. It is the intent of the Contract Documents to describe a functionally complete Canal Construction
project (or part thereof) to be constructed in accordance with the Contract Documents. Any work, materials or
equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade
usage as being required to produce the intended result will be supplied whether or not specifically called for.
When words or phrases, which have a well-known technical or construction industry or trade meaning, are
used to describe work, materials or equipment, such words shall be interpreted in accordance with that
meaning.
3.3. Reference to standards, specifications, manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations
in effect as of the Effective Date of the Construction Contract, except as may be otherwise specifically stated
in the Contract Documents.
3.4. INTENTIONALL YOMITTED.
Amending and Supplementing Contract Documents:
3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the
Civil Work or to modify the terms and conditions thereof in one or more of the following ways:
3.5.1. a Written Amendment,
3.5.2. a Change Order (pursuant to Paragraph 10.3 of these General Conditions), or
3.5.3. a Work Change Directive (pursuant to Paragraph 10.4 of these General Conditions).
As indicated in Paragraphs 11.2 and 12.1 of these General Conditions, respectively, the Contract Price and
Contract Time may only be changed by a Change Order or a Written Amendment.
3.6. The requirements of the Contract Documents may only be modified, amended or supplemented,
including minor variations and deviations in the Civil Work, if expressly agreed upon between CONTRACTOR,
AGLC and OWNER.
GC-5
Reuse of documents:
3.7. The Specifications and the Design Drawings and other documents prepared by CONTRACTOR
are instruments of service through which CONTRACTOR is to perform the Canal Construction. OWNER,
PROFESSIONAL, al!d AGlC may each retain one (1) record copy of such documents, in both electronic (if
available from CONTRACTOR) and written format. However, neither the OWNER or its PROFESSIONAL, nor
AGLC shall own or claim a copyright in the Specifications or the Design Drawings or other documents
prepared by the CONTRACTOR or CONTRACTOR'S consultants, and CONTRACTOR shall retain ownership
rights over all such documents. The Specifications and the Design Drawings and other documents-prepared
by CONTRACTOR are for use solely with respect to the Canal Construction.
ARTICLE 4--AVAILABILlTY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
A vai/ability of Lands:
4.1.1. Within ninety (90) days of receipt of acceptable right-of-way plats from CONTRACTOR,
OWNER shall furnish the lands upon which the Canal Construction will be performed, ,rights-of-way and
easements for access thereto, and such other lands which are designated for the use of CONTRACTOR, as
shown in the applicable Contract Documents. CONTRACTOR shall use its best reasonable efforts to
minimize the amount of land that it will require in order to access and perform the Canal Construction.
Necessary easements or rights-of-way will be obtained and corresponding expenses will be borne by
OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of
any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing
these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as provided in
Articles 11 and 12 of these General Conditions. Notwithstanding the foregoing, CONTRACTOR shall be
responsible for obtaining all access agreements, licenses, easements, or rights-of-way from CSX Railroad
necessary to perform the CSX Crossing Work.
4.1.2. Except for the CSX Crossing Work, the OWNER shall provide for all additional lands and
access thereto that may be required for temporary construction facilities or storage of materials and equipment
related to the Canal Construction and the Remediation and Restoration Work on the Augusta Property.
CONTRACTOR shall cooperate with OWNER in obtaining any and all such access to the Augusta Property for
purposes of performing the various aspects of work, including providing OWNER with necessary information
to accurately determine boundaries for such properties upon which the work will be performed, including right-
of-way plats, and providing OWNER with the necessary remediation and/or construction access agreements
for presentation to the affected property owners.
Physical Conditions:
4.2.1. Explorations and Reports: OWNER has provided CONTRACTOR with all drawings or
diagrams in its possession, custody and control identifying Public Utilities. OWNER will make the Augusta
Property available to CONTRACTOR, AGLC and their respective representatives for the purpose of
conducting further investigations to identify Underground Facilities and Public Utilities on the Augusta
Property.
4.2.2. With respect to Public Utilities, CONTRACTOR may rely upon the general accuracy of the
technical data provided by the PROFESSIONAL and the OWNER. CONTRACTOR may not rely upon or
make any claim against OWNER with respect to:
4.2.2.1. the completeness of any OWNER or PROFESSIONAL provided information with respect to
Underground Facilities, including but not limited to, any aspects of the means, methods, techniques,
sequences and procedures of work to be performed by CONTRACTOR, or
4.2.2.2. any CONTRACTOR interpretation of such OWNER or PROFESSIONAL provided
information.
GC-6
4.2.3. If conditions at the Augusta Property are encountered that CONTRACTOR believes to be
Contingency Work, CONTRACTOR shall promptly investigate such conditions and provide PROFESSIONAL
with the basis for its contention that such work is Contingency Work, and provide the costs associated
therewith. The cost of Contingency Work shall be subject to the agreed upon contingency limit set forth in
Article 4 of the Construction Contract. If the OWNER and PROFESSIONAL determine that the conditions at
the Augusta Properly are not Contingency Work or are not materially different from those indicated in the
Contract Documents or are not materially different from those ordinarily found and that no change in the terms
of the Construction Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination'
in writing. Any disputes arising hereunder will be resolved. in accordance with Article 16 of these General
Conditions.
4.2.4. The parties agree and understand that OWNER shall be solely responsible for any and all
increases to the Contract Price that cause the CONTRACTOR'S costs to exceed the Contract Price and the
agreed upon contingency limits as set forth in Article 4 of the Construction Contract, to the extent that such
increase results from or arises out of the existence of Public Utilities that vary materially from the information
provided by OWNER, and that OWNER knew about but omitted from the OWNER or PROFESSIONAL
provided information.
Reference Points:
4.3. CONTRACTOR shall be responsible for laying out the Canal Construction, shall protect and
preserve the established reference points and shall make no changes or relocations without the prior written
approval of OWNER and AGLC. -
Other Hazardous or Potentially Hazardous Conditions:
4.4. At CONTRACTOR'S request, OWNER will notify CONTRACTOR of any hazardous or
potentially hazardous condition of the Augusta Properly ("Other Condition") of which OWNER has actual
knowledge and that may threaten the Canal Construction.
4.5. Should CONTRACTOR encounter any such Other Condition while performing the Canal
Construction, CONTRACTOR shall cease operations and promptly notify OWNER, the PROFESSIONAL and
AGLC. CONTRACTOR shall not be required to continue or recommence its work within the affected portion
of the Augusta Properly until OWNER has fully identified and quantified, and obtained any and all permits
required to work in, such Other Condition. CONTRACTOR shall be entitled to an equitable adjustment from
OWNER to the Contract Price, subject to the agreed upon contingency limit set forth in Article 4 of the
Construction Contract, and/or to the Contract Time to the extent such Other Condition causes CONTRACTOR
to incur additional expense or time for performance.
4.6. Except to the extent finally determined as being caused by CONTRACTOR'S negligence or
willful misconduct, and to the maximum extent permitted by law, OWNER agrees that it will be liable to
CONTRACTOR for any and all damages, death, or injury of any kind to all person(s), whether employees or
otherwise, and property arising out of OWNER'S acts or omissions with respect to, or the presence of such
Other Conditions on the Augusta Property.
4.7. The provisions of Paragraphs 4.4 through 4.6 do not apply to MGP Constituents. "MGP
. Constituents" means chemical constituents, substances and compounds that are associated with
manufactured gas plant ("MGP") operations.
GC-7
ARTICLE 5--INSURANCE, INDEMNIFICATION AND LIABILITY
CONTRACTOR'S Insurance:
5.1. Except as otherwise provided in this Paragraph 5.1, CONTRACTOR shall purchase from and
maintain, throughout the course of the Canal Construction, and for a period of one year after Substantial
Completion thereof, the following:
5.1.1. Worker's Compensation Insurance, including Occupational Disease Coverage, in accordance
with the requirements of the applicable State in which the Civil Work is being performed.
5.1.2. Employer's Liability Insurance with a limit of $2,000,000 per incident, $2,000,000 aggregate,
with a standard All States endorsement.
5.1.3. Automobile insurance for owned, non-owned or hired vehicles with limits for public liability of
not less than $2,000,000 per person per accident or occurrence for bodily injury and limits of not less than
$2,000,000 per accident or occurrence for property damage. CONTRACTOR shall include OWNER as an
additional insured and provide evidence of such coverage on a Certificate of Insurance in a form acceptable to
OWNER.
5.1.4. Comprehensive General Liability, including at a minimum bodily injury and property damage
liability, personal injury liability, products/completed operations, independent contractor's liability, contractual
liability, with limits (including excess liability coverage) of not less than $5,000,000 per occurrence, $5,000,000
policy aggregate. CONTRACTOR shall be responsible for all deductibles and/or self-insurance retentions.
5.1.5. Professional Liability coverage with limits of $5,000,000 each claim, $5,000,000 aggregate.
Notwithstanding anything to the contrary, CONTRACTOR shall continue to carry such Professional Liability
coverage for eight (8) years after Substantial Completion.
5.2. General Policv Requirements. All insurance required by the Contract Documents shall be
maintained with a company or companies authorized to do business in the jurisdiction where the Canal
Construction project is located. Not later than issuance of the Notice to Proceed, CONTRACTOR shall furnish
certificates of insurance to OWNER evidencing the procurement of the insurance required hereunder. Each
certificate shall provide that 30 days written notice shall be given to OWNER in the event of cancellation or
material change to the coverage. CONTRACTOR shall obtain, and cause its Subcontractors to obtain, a
waiver of subrogation in favor of OWNER with regard to the liability coverages set forth in this Article.
CONTRACTOR will require that all Subcontractors, Supplier(s) of bridge and/or culvert components, or
consultants performing a part of the Civil Work to carry' insurance of similar types as required of
CONTRACTOR in this Article. Further; any Subcontractor's obligation to maintain coverage in force beyond
the end of the policy period during which work was performed shall be limited to one year from the time such
Subcontractor has substantially completed all of its work.
Indemnification and Liability:
5.3. Bv CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR shall indemnify,
defend and hold harmless OWNER, its respective agents, officers, directors, and employees from and against
any and all claims, causes of action, suits, damages, losses and expenses, inCluding but not limited to
reasonable attorneys' fees and amounts paid in settlement, to the extent arising out of or resulting from: (i)
performance of the Canal Construction; (ii) any breach of CONTRACTOR'S obligations under the Contract
Documents; (iii) any breach of any representation or warranty set forth in the Construction Contract, or (iv) any
violation of any applicable federal, state or local law, rule or regulation; provided that such claim, damage, loss
or expense is caused in whole or in part by CONTRACTOR, or any of its employees, agents or
Subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable,
and except to the extent that such claims and actions arise out of the willful misconduct or negligent act or
omission of OWNER or any of its employees, agents, representatives or other contractors of any tier.
GC-8
CONTRACTOR'S indemnification obligations hereunder shall not extend to the liability of PROFESSIONAL, its
employees, agents or representatives.
5.4. CONTRACTOR'S indemnification obligations under Paragraph 5.3 shall not be limited in any
way by any limitation on the amount or type of compensation or benefits payable by or for CONTRACTOR or
any Subcontractor or other person or organization under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
5.5. OWNER'S Liability. To the fullest extent permitted by law, OWNER acknowledges and agrees
that it shall be liable to CONTRACTOR for all claims, causes of action, suits, damages, losses and expenses,
including but not limited to reasonable attorneys' fees and amounts paid in settlement, arising out of or
resulting from: (i) any breach of OWNER's obligations under the Contract Documents or its acts or omissions,
but only to the extent caused in whole or in part by negligent acts or omissions of OWNER or any of its
employees, agents or contractors (other than CONTRACTOR), anyone directly or indirectly employed by them
or anyone for whose acts they may be liable; or (ii) third party claims arising out of or resulting from Other
Conditions, including exposure to or release of hazardous substances at or from the site before, excluding
MGP constituents, during or after performance of the Canal Construction; except to the extent such claims
and actions relating to or resulting from actions arise out of the willful misconduct or negligent act or omission
of CONTRACTOR or any of its employees, agents, representatives or other contractors of any tier.
Limitations of Liability:
5.6. Notwithstanding any other language in the Contract Documents, the total liability of the
CONTRACTOR and AGLC, jointly and/or severally, on all claims of any kind, whether in contract, warranty,
tort (including negligence), strict liability or otherwise, arising out of the performance or breach of this
Construction Contract shall not exceed the limits of the insurance coverage applicable thereto.
5.7. In no event will CONTRACTOR or AGLC be liable for any consequential, incidental, indirect,
special or punitive damages arising out of the performance of this Construction Contract including loss of
revenue or profits, loss of full or partial use of any equipment or facility, losses by reason of operation of any
equipment or facility at less than rated capacity, cost of replacement power, cost of capital, loss of goodwill,
claims of customers, governmental entities or other third parties, or for any other damages relating to loss of
service whether or not such loss or damage is based on contract, tort, warranty, negligence, indemnity, strict
liability or otherwise.
ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
. 6.1. CONTRACTOR shall develop drawings detailing the design and implementation of the Canal
Construction. CONTRACTOR shall prepare and submit these drawings to OWNER, with a copy to AGLC, for
review and approval, or comment, all as provided for in the Specifications. CONTRACTOR shall supervise,
direct and perform its work competently and efficiently, devoting such attention thereto and applying such skills
and expertise as may be necessary. CONTRACTOR shall be solely responsible for the means, methods,
techniques, sequences, procedures of construction and safety requirements, but CONTRACTOR shall not be
responsible for the negligence of others with whom CONTRACTOR is not in privity of contract arising out of or
related to the design or specification of a specific means, method, technique, sequence, procedure of
construction, or safety requirement that is shown or indicated in and expressly required by the Contract
Documents. CONTRACTOR shall be responsible to see that the finished work complies accurately with the
Contract Documents.
6.2. CONTRACTOR shall keep on the Canal Construction project, at all times during its progress, a
competent resident superintendent, who shall not be replaced without written notice to. OWNER and
PROFESSIONAL except under extraordinary circumstances. The superintendent will be CONTRACTOR's
representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to
the superintendent shall be as binding as if given t9 CONTRACTOR.
GC-9
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout its
work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times
maintain good discipline and order at the site.
6.4. Unless otherwise specified in the Contract Documents, CONTRACTOR shall furnish and assume
full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other
facilities and incidentals, whether temporary or permanent, necessary for the execution, testing, initial
operation, and completion of the Canal Construction as required by the Contract Documents.
6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in
the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with
the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no
provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's
consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of
the Canal Construction or any duty or authority to undertake responsibility contrary to the provisions of
Paragraph 9.9 or 9.10.
-
Substitutes or "Or-Equal- Items:
6.6.1. Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to
establish the type, function and quality required. Notwithstanding the foregoing, CONTRACTOR may
substitute such materials or equipment with those of other make, manufacture, or from other Suppliers, so
long as CONTRACTOR first submits information sufficient to allow PROFESSIONAL to determine that the
material or equipment proposed is equivalent or equal to that previously named. Once CONTRACTOR
submits sl,lch information, PROFESSIONAL shall have the opportunity to review and comment thereupon.
The procedure for review and comment by PROFESSIONAL will be subject to the following criteria: i) requests
for review of substitute items of material and equipment will not be accepted by PROFESSIONAL from anyone
other than CONTRACTOR; ii) if CONTRACTOR wishes to furnish or use a substitute item of material or
equipment, CONTRACTOR shall notify PROFESSIONAL in writing and certify that the proposed substitute will
perform adequately the functions and achieve the results called for by the general design, be similar and of
equal substance to that specified and be suited to the same use as that specified. Such notice will state that
the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of
Substantial Completion within the Contract Time; and iii) all variations of the proposed substitute from that
specified will be identified in the CONTRACTOR'S notice and available maintenance, repair and replacement
service will also be indicated. In evaluating the proposed substitute, PROFESSIONAL may require
CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute.
6.6.2. Where a specific means, method, technique, sequence or procedure of construction is
expressly set forth in the Contract Documents, CONTRACTOR may furnish or utilize a substitute means,
method, sequence, technique or procedure of construction, provided that CONTRACTOR first submits
information related to the intended use to allow PROFESSIONAL to review and comment thereupon. The
procedure for such review and comment by PROFESSIONAL will be similar to that provided in Paragraph
6.6.1.
Concerning Subcontractors, Suppliers and Others:
6.7. At OWNER'S request, CONTRACTOR shall identity Subcontractors, Suppliers or other persons
or organizations who CONTRACTOR plans to utilize to furnish the principal items of materials and equipment
for the Canal Construction. Any such Subcontractor, Supplier or other person or organization so identified
may be revoked on the basis of reasonable and timely objection after due investigation, in which case
GC-10
CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference,
and the cost occasioned by such substitution and an appropriate Change Order will be issued or a Written
Amendment signed.
6.8. CONTRACTOR shall be fully responsible to OWNER and AGLC for all acts and omissions of the
Subcontractors, Suppliers and other persons and .organizations performing or furnishing any of the Canal
Construction under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual
relationship between OWNERor AGLC and any such Subcontractor, Supp/ieror other person or organization,
nor shall it create any obligation on the part of OWNER or AGLC to payor to see to the payment of any
moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be
required by Laws and Regulations.
6.9. The divisions and sections of the Specifications and the identifications of the Design Drawings
shall not control CONTRACTOR in dividing work among Subcontractors or Suppliers or delineating work to be
performed by any specific trade.
6.10. All work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor that specifically binds the Subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit of OWNER and AGLC.
Patent Fees and Royalties:
6.11. CONTRACTOR shall pay all patent fees and royalties and assume all costs incident to the use
in the performance of the Canal Construction or the incorporation into such work of any invention, design,
process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR
shall indemnify, defend, and hold harmless OWNER and anyone directly or indirectly employed by either of
them from and against all Claims, damages, losses and expenses including attorneys' fees and court and
arbitration costs arising out of any infringement on patent rights or copyrights incident to the use in the
performance of the Canal Construction or resulting from the incorporation such work into any invention,
design, process, product or device not specified in the Contract Documents.
Permits:
6.12. Except as otherwise provided for in the Contract Documents or in the Remediation Contract,
CONTRACTOR shall obtain and pay for all applicable and necessary construction permits, licenses,
governmental charges and inspection fees, and all public utility charges. Except as otherwise provided for in
the Contract Documents, all permit costs shall be included in the Contract Price. Any delays associated with
the perm itting process will be considered for time extensions only and no damages or additional compensation
for delay will be allowed.
Laws and Regulations:
6.13.1. CONTRACTOR shall give all notices and comply with all applicable Laws or Regulations.
Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor
PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with such Laws or
Regulations.
6.13.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such
Laws and Regulations, including such laws, rules, and regulations that become effective on or after the
Effective Date of the Construction Contract, it will notify OWNER and AGLC in writing promptly after such
observance. Any necessary changes shall then be adjusted by an appropriate Change Order, subject to the
agreed upon contingency limits as set forth in Article 4 of the Construction Contract. If CONTRACTOR
performs any work that it knows or should have known to be contrary to Laws and Regulations and without
such notice to OWNER and AGLC, it shall bear all related costs. .
GC-11
Taxes:
6.14. CONTRACTOR shall pay all applicable sales, consumer, use and other similar taxes.
Use of Premises:
6.15. Contemporaneous with the issuance of the Project Schedule, CONTRACTOR will provide
OWNER and AGLC with a list of all lands that it plans to use as "Iaydown" areas for construction equipment
and materials. CONTRACTOR shall confine construction equipment, the storage of materials and equipment
and the operations of workers to the Augusta Properly and land and areas identified in and permitted by the
Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and
easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is
solely at the risk of CONTRACTOR. CONTRACTOR agrees to indemnify, defend and hold harmless the
OWNER, its employees and representatives from and against all third party claims for personal injury or
tangible property damage that are proximately caused by CONTRACTOR's negligent use or misuse of the
Augusta Properly.
6.16. During the progress of the Canal Construction, CONTRACTOR shall keep the Augusta Properly
free from accumulations of waste materials, rubbish and other debris or contaminants. Upon Substantial
Completion, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the
premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and
shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall not load nor permit any
part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR
subject any part of the Civil Work or adjacent property to stresses or pressures that will endanger them.
Record Documents:
6.17. CONTRACTOR shall keep at the site and in good order one record copy of the Contract
Documents, including the Specifications and the Design Drawings. These documents shall be annotated on a
continuing basis to show all changes made during Canal Construction. These shall be available to
PROFESSIONAL for review during normal jobsite hours, and will be submitted to the OWNER with the final
Application for Payment.
Safety and Protection:
6.18. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
requirem'ents, precautions and programs in connection with the Canal Construction. CONTRACTOR shall
take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
6.18.1. all CONTRACTOR, PROFESSIONAL AND OWNER employees on the Augusta Properly, and
other persons and organizations who may be affected thereby;
6.18.2. all the Canal Construction and materials and equipment to be incorporated therein, whether in
storage on or off the Augusta Properly, and
6.18.3. other property at th~ site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, Public Utilities and Underground Facilities not designated for removal,
relocation or replacement in the course of the Canal Construction.
CONTRACTOR shall comply with all applicable Laws or Regulations of any public body having jurisdiction for
the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain
all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent
property and of Underground Facilities and utility owners when prosecution of the Canal Construction may
affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their
GC-12
property. All damage, injury or loss to any property referred to in Paragraph 6.18.2 or 6.18.3 caused, directly
or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or
organization directly or indirectly employed by any of them to perform or furnish any work under the Contract
Documents or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (excSlpt
damage or loss attributable to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by
either of them or anyone for whose acts either of them may be liable). CONTRACTOR's duties and
responsibilities for the safety and protection of the Canal Construction shall continue until such time as all such
work is substantially completed.
6.19. CONTRACTOR shall designate a responsible member of its organization whose duty shall be
the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless
otherwise designated in writing by CONTRACTOR to the OWNER, or its PROFESSIONAL, and AGLC.
Emergencies:
6.20. In emergencies affecting the safety or protection of persons or the Canal Construction or
Augusta Property or real property adjacent thereto, CONTRACTOR, without special instruction or
authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or
loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any
significant changes in the Canal Construction or variations from the Contract Documents have been caused
thereby. If OWNER determines that a change in the Contract Documents is required because of the action
taken in response to an emergency, a Work Change Directive or Change Order shall be issued to document
the consequences of the changes or variations.
6.20.1. CONTRACTOR shall immediately notify AGLC and OWNER, or its PROFESSIONAL, of all
events involving injuries to any person on the Augusta Property, whether or not such person was engaged in
the Canal Construction, and shall file a written report on such person(s) and any other event resulting in
property damage of any amount within five (5) days of the occurrence.
6.20.2. If PROFESSIONAL determines that a change in the Contract Documents is required because
of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to
document the consequences of such action.
Submittals:
6.21. Design Drawings. The submittal requirements for Design Drawings by CONTRACTOR shall be
in accordance with the procedures set forth in the Specifications. Review and comment and/or approval of
these Design Drawings by the OWNER, PROFESSIONAL and/or AGLC, shall also be in accordance with the
applicable procedures and time limits set forth in the Specifications. Submittal and corresponding review
requirements detailed in the remainder of this Article shall only apply to other submittals required by the
Contract Documents.
6.22. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to
PROFESSIONAL and AGLC for review and comment, all submittals required by the Contract Documents. All
submittals shall have been checked by and stamped with the approval of CONTRACTOR and identified as
PROFESSIONAL may reasonably require. The.data shown on or with the submittals will be complete with
respect to dimensions, design criteria, materials and any other information necessary to enable
PROFESSIONAL and AGLC to review and comment upon the submittal.. At the time of each submission,
CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal may have from the
requirements of the Contract Documents.
6.22. PROFESSIONAL and AGLC shall have a reasonable opportunity to review and comment upon
submittals. PROFESSIONAL's and AGLC's review shall be only for conformance with the design concept of
the Canal Construction, and compliance with the information given in the Contract Documents. The approval
of a separate item as such will not indicate approval of the assembly in which the item functions.
CONTRACTOR's stamp of approval on any submittal shall constitute its representation to PROFESSIONAL
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and OWNER and AGLC that CONTRACTOR has determined and verified all quantities, dimensions, field
construction criteria, materials, catalog numbers, and similar data, and that each submittal has been reviewed
or coordinated with the corresponding requirements of the Contract Documents.
6.22.1. A copy of each submittal shall be kept in good order by CONTRACTOR at the site and shall
be available to PROFESSIONAL and OWNER and AGLC.
6.22.2. PROFESSIONAL's and AGLC's review of submittals shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents.
Continuing the Canal Construction:
6.23. CONTRACTOR shall carry on the Canal Construction, including all Contingency Work, and
adhere to the Project Schedule during all disputes or disagreements with OWNER, except as permitted by
Paragraphs 11.3 and 15.3 of these General Conditions. Neither the Canal Construction nor the Contingency
Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted
by Paragraph 12.3 and/or Paragraph 15.3 of these General Conditions, or as CONTRACTOR, AGLC and
OWNER may otherwise agree in writing.
Cleaning Up:
6.24. CONTRACTOR shall maintain the Augusta Property free from accumulations of waste
materials, rubbish, and other resulting debris or contaminants on a daily basis or as required. Upon
Substantial Completion, CONTRACTOR shall remove all waste materials, rubbish, and debris from the
Augusta Property as well as all tools, construction equipment and machinery, and surplus materials and will
leave the Augusta Property clean and ready for occupancy by OWNER. All disposal shall be in accordance
with applicable Laws and Regulations. In addition to any other rights available to OWNER under the Contract
Documents, CONTRACTOR's failure to maintain the Augusta Property may result in withholding of any
amounts due CONTRACTOR.
ARTICLE 7--0THER WORK
General Note Related to Other Work:
7.1. If, during the course of the Canal Construction, OWNER elects to perform any other work related
thereto, it will promptly notify AGLC and CONTRACTOR, whereupon the subsequent applicable provisions of
this Article would be invoked. Under no circumstances will any such other work related to the Canal
Construction be allowed to interfere"with or otherwise impede with either the Project Schedule or the
Remediation and Restoration Work.
Related Work at Augusta Property:
7.2. OWNER may perform other work related to the Augusta Pr.operty at the site by OWNER's own
forces, or have other work performed by other contractors of OWNER that are let via direct contracts
containing General Conditions sim i1ar to these. Written notice thereof will be given to CONTRACTOR prior to
starting any such other work, and, if CONTRACTOR believes that such performance will involve additional
expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent
thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 of these General
Conditions.
7.2.1. CONTRACTOR shall afford each other contractor who is a party to such a direct contract with
OWNER, or if OWNER is performing the additional work with OWNER's employees, to OWNER's employees,
proper and safe access to the Augusta Property and a reasonable opportunity for the introduction and storage
of materials and equipment and the execution of such work, and shall properly connect and coordinate the
Civil Work with theirs; provided, however, that no such other work will be allowed to interfere with the Project
Schedule or with the Remediation and Restoration Work. The duties and responsibilities of CONTRACTOR
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under this Paragraph 7.2.1 are for the benefit of such other contractors to the extent that there are
comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such
other contractors.
7.3. If any part of the Civil Work, for proper execution or results, depends upon the work of any such
other contractor of OWNER, CONTRACTOR shall inspect and promptly report to PROFESSIONAL in writing
any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper
execution and results of the Civil Work. CONTRACTOR's failure so to report will constitute an acceptance of
the other work as fit and proper for integration with the Civil Work except for latent or non-apparent defects
and deficiencies in the other work.
Coordination:
7.4. If OWNER contracts with others for the performance of other work on the Augusta Property
while the Canal Construction is being performed, OWNER shall notify CONTRACTOR as to who will be
responsible for coordinating such other work, on behalf of OWNER.
ARTICLE 8--0WNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all
communications to CONTRACTOR through the PROFESSIONAL.
8.2. In case of termination of the PROFESSIONAL, OWNER shall appoint another PROFESSIONAL
against whom CONTRACTOR makes no reasonable objection, and whose status under the Contract
Documents shall be that of the former PROFESSIONAL, as of the date of such appointment.
8.3. OWNER shall promptly furnish the data required of OWNER under the Contract Documents, and
shall make payments to AGLC, for the benefit of CONTRACTOR, as they become due, as provided in
Paragraphs 14.4 and 14.12 of these General Conditions.
8.4. OWNER's duties in respect of providing land, easements, and/or access to the Augusta
Property, are set forth in Article 4 of these General Conditions.
Risk of Loss:
8.5. Throughout the Contract Time, OWNER shall bear the risk of loss and all reasonable costs
properly attributable to perils of fire, flood, famine, physical damage to such work due to theft, vandalism,
malicious mischief, collapse, falsework, temporary buildings, associated with the Civil Work, except where
such loss is caused solely by the negligent acts or omissions or willful misconduct of CONTRACTOR.
ARTICLE 9--PROFESSIONAL'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. PROFESSIONAL will be OWNER's representative during the Canal Construction. The duties and
responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during the
.Canal Construction are set forth in the Contract Documents. .
Visits to Augusta Property:
9.2. PROFESSIONAL will periodically visit the Augusta Property at intervals appropriate to the various
stages of Canal Construction to observe the premises and quality of the executed work and to determine, in
general, if the Civil Work is proceeding in accordance with the Project Schedule. PROFESSIONAL will not be
required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Civil
Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence
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that the completed Civil Work will comply with the Contract Documents while at all times exercising such
responsibilities under the express understanding that neither OWNER nor its PROFESSIONAL may direct
CONTRACTOR'S performance of the Canal Construction. On the basis of such visits and on-site observations
as an experienced and qualified design professional, PROFESSIONAL will keep OWNER informed of the
progress of the Canal Construction and will endeavor to guard OWNER against defects and deficiencies in the
Civil Work.
Clarifications and Interpretations:
9.3. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract
Documents as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be
consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR
believes that a written clarification and interpretation entitles it to an increase in the Contract Price and/or
Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12 of these General
Conditions.
Rejecting Defective Work:
9.4. PROFESSIONAL will have authority to disapprove or reject Defective Work as provided in
Article 13 of these General Conditions. Additionally, at OWNER'S expense, PROFESSIONAL will have the
authority to conduct special inspection or testing of the Canal Construction as provided in this Article, whether
or not the work is fabricated, installed or completed. CONTRACTOR may dispute any and all such findings in
accordance with Article 16 of these General Conditions.
Submittals, Change Orders and Payments:
9.5. In connection with PROFESSIONAL's responsibility for Submittals, see Paragraphs 6.21 and
6.22 of these General Conditions.
9.6. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11
and 12 of these General Conditions.
9.7. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment,
etc., see Article 14 of these General Conditions.
Limitations on PROFESSIONAL's Responsibilities:
9.8.' Except as otherwise provided for in the Contract Documents, neither PROFESSIONAL's
authority to act under this Article or elsewhere in the Contract Documents nor any decision made in good faith
to exercise such authority shall give rise to any contractual duty or responsibility of PROFESSIONAL to
CONTRACTOR, any Subcontractor, any of their agents or employees.
9.9. PROFESSIONAL shall not be responsible for, nor shall it have the authority to dictate, the
construction means, methods, techniques, sequences, or procedures or the safety precautions and programs
used by CONTRACTOR. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform
the Canal Construction in accordance with the Contract Documents.
9.10. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any
Subcontractors, any agen'ts or employees, or any other persons performing any of the Canal Construction.
ARTICLE 10--EXTRA WORK AND CHANGES TO THE CIVIL WORK
10.1. OWNER Directed Chanqes ("Extra Work"). The parties do not anticipate that the OWNER will
direct any changes to the scope of the Canal Construction, mainly the Civil Work, except as provided for in
these General Conditions. Notwithstanding the foregoing, and without invalidating the Construction Contract,
OWNER may direct CONTRACTOR to perform extra work that was not contemplated as part of the initial
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scope of the Civil Work, and was not reasonably related to the scope of the Civil Work. In such event, the
OWNER shall provide CONTRACTOR with a proposal request, identifying the Extra Work. Upon receipt,
CONTRACTOR shall promptly submit a written proposal to perform the Extra Work, which shall be prepared
in accordance with Articles 11 and 12 of these General Conditions. CONTRACTOR and OWNER must first
agree upon pricing and/or schedule adjustments before CONTRACTOR shall be obligated to perform the
Extra Work, which agreement shall be memorialized in the form of a written Change Order. All Extra Work
shall be performed in accordance with applicable provisions of the Contract Documents.
10.2. Chanqes to the Civil Work. The parties further agree and acknowledge that, from time to time
during the performance of the Civil Work, conditions may arise that require additions, deletions or revisions to
the scope of the such work, but that are not necessarily changes directed by the OWNER and are not
Contingency Work. In each such instance, the party claiming such change to the Civil Work shall, within
twenty (20) days of observing such condition, provide written notice after first discovering the condition(s).
Corresponding adjustments to the Contract Price and/or Contract Time shall be as set forth in Articles 11 and
12, respectively, of these General Conditions.
10.2.1. Upon agreement as to the change to the Civil Work to be performed, a written Change Order
will be prepared and then signed by CONTRACTOR, OWNER and AGLC.
10.2.2. If the parties are unable to agree upon the scope, pricing and/or scheduling of the change to
the Civil Work, or in the event of additional work performed in an emergency as provided in Article 6 of these
General Conditions, the OWNER may, at its sole discretion, issue a Work Change Directive to
CONTRACTOR. Each such Work Change Directive will specify a Contract Price adjustment, in accordance
with the applicable provisions of Article 11 of these General Conditions, and, if applicable, a Contract Time
adjustment, to be determined in accordance with the applicable provisions of Article 12 of these General
Conditions.
10.2.3. CONTRACTOR shall proceed diligently with performance of the change to the Civil Work,
regardless of any dispute as to scope, pricing and/or scheduling of such change, unless otherwise set forth in
the Contract Documents or unless otherwise agreed by the parties hereto to in writing.
10.2.4. AGLC shall have the opportunity to review and approve any and all changes to the Civil Work;
provided, however, that nothing herein shall be construed to relieve CONTRACTOR of any of its performance
obligations hereunder or its corresponding obligations under the Remediation Contract.
ARTICLE 11--CHANGES TO THE CONTRACT PRICE
11.1', The Contract Price constftutes the amount payable by OWNER to AGLC for the benefit of
CONTRACTOR, for the performance of the Civil Work and a portion of the Canal Construction. The Contract
Price does not include payment to CONTRACTOR for Additional Remediation Work, work for which
CONTRACTOR will be paid by AGLC pursuant to the Remediation Contract. The Contract Price may only be
adjusted by written agreement of the parties hereto and, with regards to certain increases thereto, shall also
be subject to the agreed upon contingency limits set forth in Article 4 of the Construction Contract.
11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any
claim for an adjustment to the Contract Price shall be based on written notice delivered by the party making
the claim to the other party promptly, but in no event later than thirty days after the occurrence of the event
giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with
supporting data shall be delivered within sixty days after such occurrence and shall be accompanied by
claimant's written statement that the amount claimed covers all known amounts (direct, indirect and con-
sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for
adjustment in the Contract Price shall be reviewed by the PROFESSIONAL, if OWNER so desires, and
approved by the OWNER and AGLC.
11.3. For Extra Work to be performed pursuant to Paragraph 10.1 of these General Conditions, or
for changes to the Contract Price caused by OWNER'S failure to comply with Paragraphs 4.1.1 or 15.1 of
GC-17
these General Conditions, CONTRACTOR shall not be obligated to perform any such additional work unless
and until a Change Order or a Written Amendment has been appropriately issued and duly executed by all
parties hereto.
11.4. For all other changes to the work, including such work that, for the purposes of determining
pricing, is considered Contingency Work, CONTRACTOR shall proceed diligently with performance of such
work, as directed by OWNER, regardless of any dispute as to pricing adjustments, unless such obligation to
perform is excused as provided for in Paragraphs 11.3 and 15.5 of these General Conditions, or unless
otherwise agreed by the parties hereto in writing.
11.5. The parties shall be required to resolve any and all disputes over adjustments to the Contract
Price in accordance with Article 16 of these General Conditions.
ARTICLE 12--CHANGES TO THE CONTRACT TIME
12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any
request for an extension in the Contract Time shall be made in writing and delivered to OWNER and AGLC
within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting
data will be submitted to OWNER and AGLC within fifteen (15) calendar days after such occurrence unless
the OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract
Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay
was beyond CONTRACTOR's control or fault. Adjustments to the Contract Time for performance of the Civil
Work shall not interfere with or unreasonably delay the Remediation and Restoration Work, unless such the
Project Schedule for the Remediation and Restoration Work is appropriately adjusted in accordance with the
applicable terms stated in the Remediation Contract.
12.2. Force Maieure Events. Neither OWNER, CONTRACTOR nor AGLC shall be liable for their
respective failure to perform hereunder, or delays in performing hereunder, in whole or in part and, excluding
OWNER and AGLC's respective payment obligations for Civil Work performed, due to extreme contingencies
beyond their reasonable control, including, but not limited to, strikes, work stoppages or delays, labor disputes,
riots, wars, acts of God or nature (individually, each being a "Force Majeure Event"). The party claiming
excuse from performance or delay in performance by reason of the occurrence of such Force Majeure Event
shall give the other parties prompt notice in writing of such occurrence and shall use its best efforts to remove
or mitigate the effects of the Force Majeure Event upon its performance hereunder.
12.3. For Extra Work to be performed pursuant to Paragraph 10.1 of these General Conditions, or
for changes to the Contract Time caused by OWNER'S failure to comply with Paragraphs 4.1.1 or 15.1 of
these General Conditions, CONTRACTOR shall not be obligated to perform any such additional work unless
and until a Change Order or a Written Amendment has been appropriately issued and duly executed by all
parties hereto.
12.4. For all other changes to the Civil Work, including such work that, for the purposes of
determining pricing, is considered Contingency Work, CONTRACTOR shall proceed diligently with
performance of such work, as directed by OWNER, regardless of any dispute as to schedule adjustments,
unless such obligation to perform is excused as provided for in Paragraphs 11.3 and 15.5 of these General
Conditions, or unless otherwise agreed by the parties hereto to in writing.
12.5. The parties shall be required to resolve any and all disputes over adjustments to the Contract
Time in accordance with Article 16 of these General Conditions.
GC-18
ARTICLE 13..WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be
new unless otherWise specified and that the work performed will be of good quality, performed in a
workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract
Documents and any inspections, tests, or approvals referred to in this Article. All Civil Work not conforming to
the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building,
construction and safety requirements shall be considered defective. OWNER shall give notice of all Defective
Work to CONTRACTOR. All Defective Work, whether or not in place, may be rejected, corrected, or accepted
as provided in this Article.
Access to Augusta Property:
13.2. During the course of performing the Canal Construction, CONTRACTOR will provide
reasonable access to the Augusta Property to PROFESSIONAL. Likewise, CONTRACTOR shall continue to
provide AGLC such access as required under the Remediation Contract. CONTRACTOR may impose upon
PROFESSIONAL and AGLC any and all applicable restrictions to accessing the Augusta Property and other
adjacent properties that may arise as a result of corresponding activities associated with work of this nature.
Tests and Inspections:
13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction require any of the Civil Work to specifically be inspected, tested, or approved by someone
other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefor.
All work performed on Public Utilities shall be coordinated with and inspected by the Augusta Utilities
Department. Said Department's design standards and specifications shall govern such Public Utilities work.
Likewise, CONTRACTOR shall coordinate with CSX Railroad for any and all testing and inspection required of
CSX Railroad in connection with the CSX Crossing Work and shall notify PROFESSIONAL when it has
complied with such requirements.
13.4. The testing firm(s) (if assigned by OWNER to this work) and all such inspections, tests, or
approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. For
all required inspections, tests, and approvals on any Civil Work prepared, performed, or assembled away from
the site, CONTRACTOR will furnish PROFESSIONAL (and copy AGLC) with the required Certificates of
Inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the
American Society for Testing and Materials or such other applicable organizations as may be required by law
or the Contract Documents. Materials or work in place that fail to pass acceptability tests shall be retested at
the direction of PROFESSIONAL and at CONTRACTOR's expense.
13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any
public body having jurisdiction shall be performed by organizations acceptable to OWNER (or by
PROFESsiONAL if so specified), AGLC and CONTRACTOR.
13.6. If any Canal Construction (including the work of Subcontractors) that is to be inspected, tested
or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by
PROFESSIONAL, be uncovered for observation. The direct costs of such uncovering shall be at
CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of
CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable
promptness in response to such notice.
13.7. Neither observations by PROFESSIONAL or AGLC nor inspections, tests, or approvals by
persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Civil Work in
accordance with the requirements. of the Contract Documents.
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. Stoppage of the Canal Construction:
13.8. Stoppaqe of Canal Construction. If, during the performance of the Canal Construction,
CONTRACTOR creates a substantial danger of imminent threat to safety, health or the environment, or
OWNER believes that CONTRACTOR is performing the Canal Construction in a manner that materially and
substantially differs from the Contract Documents, OWNER may request that CONTRACTOR stop the
specific actions that are causing or contributing to the particular event or task that is causing such risk.
OWNER shall then have the right, but not the duty, to direct the manner in which the Canal Construction is
conducted, direct the implementation of other corrective measures, or otherwise assume control of the Canal
Construction in any manner that is deemed necessary or appropriate; provided, however, that before taking
such further action, AGLC and OWNER must first give written notice to CONTRACTOR, and allow
CONTRACTOR a reasonable opportunity to correct such event. OWNER's exercise of its rights under this
Paragraph 13.8 shall not constitute a Force Majeure Event or otherwise give rise to a claim by
CONTRACTOR for an increase to the Contract Price or adjustment to the Contract Time.
Correction or Removal and Replacement of Defective Work:
13.9. Upon written notice of Defective Work from PROFESSIONAL, CONTRACTOR shall promptly,
without cost to OWNER, and as specified by PROFESSIONAL, either correct the Defective Work whether
fabricated, installed, or completed, or remove it from the site and replace it with non-Defective Work. If
CONTRACTOR does not correct such Defective Work, or remove and replace such Defective Work within
thirty (30) days of receipt of written notice of such Defective Work, or if CONTRACTOR does not provide
PROFESSIONAL with a detailed schedule for correcting or removing and replacing such Defective Work, if
such action by CONTRACTOR will take longer than thirty (30) days, OWNER may correct or remove and
replace such Defective Work, as the case may be, and charge CONTRACTOR for the corresponding costs
incurred. CONTRACTOR will also bear the expense of correcting or removing and replacing all related work
of others destroyed or damaged by the correction, or removal and replacement of the Defective Work. All
disputes as to whether such work is Defective Work shall be resolved in accordance with Article 16 of these
General Conditions.
Acceptance of Defective Work:
13.10. If, instead of requiring correction or removal and replacement of Defective Work, OWNER
decides to accept it, OWNER may do so and charge CONTRACTOR for the corresponding costs incurred. 'If
any such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order
will be issued incorporating the necessary revisions in the Contract Documents, and OWNER shall be entitled
to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount
thereof, OWNER'may make a claim therefor as provided in Article 11 of these General Conditions. If the
acceptance occurs after such recommendation, CONTRACTOR agrees to pay an appropriate amount to
OWNER.
One- Year Correction Period:
13.11. If, after approval of final payment and prior'to the expiration of one year after Substantial
Completion or such longer period of time as may be prescribed by law or by the terms of any applicable
speciafguarantee required by the Contract Documents, OWNER discovers any Defective Work, then, upon
receipt of written notice of such Defective Work, CONTRACTOR shall promptly, without cost to OWNER and
in accordance with OWNER's written instructions, either correct such Defective Work or, if it has been rejected
by OWNER, remove it from the Augusta Property and replace it with work that complies with the applicable
requirements of the Contract Documents. If CONTRACTO'R does not promptly com ply with the terms of such
instructions, OWNER may have the Defective Work corrected or removed and replaced with non-Defective
Work. If CONTRACTOR does not correct or remove and replace such Defective Work within thirty (30) days
of receipt of written notice of such Defective Work, or if CONTRACTOR does not provide PROFESSIONAL
with a detailed schedule for correcting or removing and replacing such Defective Work if such action by
CONTRACTOR will take longer than thirty days, OWN ER may correct or remove and replace such Defective
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Work, as the case may be, and charge CONTRACTOR for the costs incurred in connection with taking such
action. .
ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The Schedule of Values established as provided in Paragraph 2.8 of these General Conditions
will serve as the basis for progress payments by OWNER to AGLC, for the benefit of CONTRACTOR, and will
be incorporated into an Application for Payment form as provided for in the Contract Documents.
Application for Progress Payment:
14.2. At least twenty (20) calendar days before the date established for each progress payment (but
not more often than once a month), CONTRACTOR shall submit to OWNER, PROFESSIONAL and AGLC for
review an Application for Payment filled out and signed by CONTRACTOR. Each Application for Payment
shall cover the work completed as of the date of the application for which OWNER is responsible for payment,
as set forth in the Schedule of Values, and shall be accompanied by such supporting documentation as is
required by the Contract Documents, including but not necessarily limited to applicable lien waivers from
CONTRACTOR and its Subcontractors, Suppliers and materialmen, and CONTRACTOR'S certified payrolls.
If payment is requested on the basis of materials and equipment not incorporated into the applicable work but
delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has
received the materials and equipment free and clear of all liens and evidence that the materials and
equipment are covered by appropriate property insurance and other arrangements to protect OWNER's
interest therein, all of which will be satisfactory to OWNER.
Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all materials and equipment covered by
any Application for Payment, whether incorporated into the work or not, will pass to OWNER no later than the
time of payment, free and clear of all liens.
Review and Payment of Applications for Progress Payment:
14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present the Application for Payment to
OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for
refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections
and, promptly thereafter, resubmit the Application for Payment.
14.4.1. Not later than twenty (20) days after receipt of an Application for Payment, OWNER will tender
payment of all undisputed portions thereof to AGLC for the benefit of CONTRACTOR. Payment is subject to a
five percent (5%) retainage held by OWNER until the final payment or OWNER's acceptance of the Civil
Work.
14.4.2. Upon receipt of PROFESSIONAL's recommendation for payment, OWNER shall provide
notice and a copy of the approved Application for Payment to AGLC. Upon receipt of written notice from
OWNER that OWNER has approved CONTRACTOR's Application for Payment, and provided, however, that,
if OWNER does not provide such written notice to AGLC within five (5) days of receipt of the corresponding
recommendation for payment, then CONTRACTOR shall have the right, but not necessarily the obligation, to
notify OWNER and AGLC of OWNER'S failure timely to approve such Application for Payment. Upon receipt
of such written notice, OWNER shall immediately tender such approval. Thereafter, AGLC will remit the
approved amount, less retainage, to CONTRACTOR, all in accordance with the applicable amendment to the
Remediation Contract.
GC-21
'14.4.3. AGLC's duty to remit the amount approved by OWNER of any Application for Payment is
subject to OWNER's making of timely payments of the approved amounts to AGLC. In the event that
OWNER fails to make its payment to AGLC on or before the date it becomes due, AGLC will be relieved of
any further duty to make payments to CONTRACTOR under the Construction Contract until such time as
OWNER becomes current in its corresponding payment obligations to AGLC. In such event, AGLC will
immediately notify CONTRACTOR that OWNER has failed to timely make its payment of the approved
amounts; whereupon CONTRACTOR shall be entitled to invoke its rights under Article 15.5 of these General
Conditions.
14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment
will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site
observations of the progress of the work as an experienced and qualified design PROFESSIONAL and on
PROFESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the
Canal Construction has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge,
information and belief, the quality of the Canal Construction is in accordance with the Contract Documents,
subject to an evaluation of the Canal Construction as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other
qualifications stated in the recommendation; and that CONTRACTOR is entitled to payment of the amount
recommended. However, by recommending any such payment, PROFESSIONAL will not thereby be deemed
to have represented that exhaustive or continuous on-site inspections have been made to check the quality or
the quantity of the Canal Construction beyond the responsibilities specifically assigned to PROFESSIONAL in
the Contract Documents or that there may not be other matters or issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR.
14.6. OWNER may refuse to approve the whole or any part of any payment if, in OWNER's opinion,
the following conditions exist:
14.6.1. Defective Work exists, or completed Canal Construction, mainly Civil Work, has been
damaged as a result of CONTRACTOR's acts or omissions or willful misconduct and requires correction or
replacement;
14.6.2. The Contract Price has been reduced by Written Amendment or Change Order and amounts
invoiced in the disputed Application for Payment are inconsistent with such modification to the Construction
Contract,
14.6.3. OWNER, through no fault of its own, must correct or repair and replace Defective Work, or
substantially complete the work in accordance with Paragraph 13.8 of these General Conditions; or
14.6.4. The OWNER has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 15.2.1 through 15.2.7, inclusive, of these General Conditions.
14.7. OWNER may refuse to approve payment of the full amount recommended by PROFESSIONAL
because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing
of the Civil Work or valid liens have been filed in connection with the Civil Work or there are other items
entitling OWNER to an off-set against the amount recommended, but OWNER must give CONTRACTOR
immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action, and provide
CONTRACTOR with a reasonable opportunity to cure such events; and provided that nothing herein shall be
construed to relieve OWNER of its payment obligations for the undisputed portions of the applicable
Application for Payment.
Substantial Completion:
14.8.1. When CONTRACTOR considers the Civil Work substantially complete (except for items
specifically listed by CONTRACTOR as incomplete and except for the CSX Crossing Work), CONTRACTOR
shall so notify OWNER and AGLC in writing and request that PROFESSIONAL issue a certificate of
Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and AGLC shall make
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an inspection of the Augusta Property to determine whether Substantial Completion has occurred. If
PROFESSIONAL does not consider that Substantial Completion has occurred, PROFESSIONAL will notify
CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the corresponding work
substantially complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of
Substantial Completion- which shall fix the date of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have
seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL
as to any provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL
concludes that the corresponding work is not substantially complete, PROFESSIONAL will, within fourteen
days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing stating the
reasons therefor. If, after consideration of OWNER's, objections, PROFESSIONAL considers the
corresponding work substantially complete, PROFESSIONAL will within said fourteen days execute and
deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised
tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as
PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery
of the tentative certificate of Substantial Completion, PROFESSIONAL will also deliver to OWNER and
CONTRACTOR a written recommendation as to division of responsibilities pending final payment between
OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance
and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform
PROFESSIONAL within ten (10) days after PROFESSIONAL has issued the definitive certificate of Substantial
Completion, PROFESSIONAL's aforesaid recommendation will be binding on OWNER and CONTRACTOR
until final payment.
14.8.2. With respect to CSX Crossing Work, CONTRACTOR shall notify CSX Railroad, or its
designated representative, when it believes that the corresponding work is substantially complete, as such
term, or similar term, is defined by the ensuing construction agreement between CONTRACTOR and CSX
Railroad. CONTRACTOR shall provide PROFESSIONAL and AGLC with written documentation that CSX
Railroad concurs with CONTRACTOR that the corresponding work has been substantially completed.
Late Payment:
14.9. If OWNER fails to timely make payment of any undisputed amounts invoiced, as set forth in the
Contract Documents within the time specified herein, CONTRACTOR may proceed to stop the Civil Work in
accordance with the provisions set forth in Paragraph 15.3 of the General Conditions. All late payments shall
bear interest at a rate of seven percent (7%) per annum, accruing from the date such payment becomes due.
Partial Utilization:
14.10. OWNER and CONTRACTOR agree and understand that, during the course of the Canal
Construction, OWNER shall be permitted to utilize those portions of the Augusta Property that make up the
Third Level Canal, as more particularly set forth in the Specifications, for the purpose of normal flood control
measures, as OWNER is presently using the Third Level Canal for such purposes. In the event such flood
control measures impact CONTRACTOR'S ability to perform all or portion of the Canal Construction,
CONTRACTOR shall be permitted to modify its work methods and techniques to address such flood control
issues. Further, not withstanding the foregoing, OWNER agrees to cooperate with CONTRACTOR in its
performance of the Canal Construction by regulating the control of water from the Second Level Canal into the
Third Level Canal.
14.11. Use by OWNER at OWNER's option of any substantially completed work, or portion thereof,
which (i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and
CONTRACTOR agree constitutes a separately functioning and usable part of the Canal Construction that can
be used by OWNER for its intended purpose without significant interference with CONTRACTOR's
performance of the remainder of the Canal Construction or the Remediation and Restoration Work, may be
accomplished prior to Substantial Completion subject to the following: .
GC-23
14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any
such part of the Augusta Property that OWNER believes to be ready for its intended use and substantially
complete. As a condition precedent to processing such request, CONTRACTOR shall have substantially
completed all corresponding Additional Remediation Work, which shall be documented pursuant to the
applicable terms of the Remediation Contract. Thereafter, if CONTRACTOR agrees, CONTRACTOR will
certify to OWNER and PROFESSIONAL that its work on said part of the Augusta Property is substantially
complete and request PROFESSIONAL to issue a certificate of Substantial Completion. Subject to the
foregoing condition precedent, CONTRACTOR at any time may notify OWNER and AGLC in writing that
CONTRACTOR considers any such part of the Civil Work substantially complete and request
PROFESSIONAL to issue a certificate of Substantial Completion for the corresponding work. Within a
reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an
inspection of that part of the Civil Work to determine its status of completion. If PROFESSIONAL does not
consider the corresponding work to be substantially complete, PROFESSIONAL will notify OWNER and
CONTRACTOR, in writing, giving the reasons therefor. If PROFESSIONAL considers that part of the Civil
Work to be substantially complete, the provisions of Paragraph 14.8 will apply with respect to certification of
Substantial Completion of that part of the Civil Work and the division of responsibility in respect thereof and
access thereto.
The provisions set forth in this Paragraph 14.10 shall not apply to the CSX Crossing Work. OWNER
shall not be permitted to in any way utilize or access that portion of the Third Level Canal upon which the CSX
Crossing Workwill be performed until the CSX Railroad has issued all appropriate certifications that such work
is substantially complete, pursuant to the construction agreement between CONTRACTOR and CSX Railroad.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire work is complete, PROFESSIONAL
will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals Defective Work. CONTRACTOR shall provide with such notice
written documentation that it has completed all Additional Remediation Work, as required by the Remediation
Contract. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi-
ciencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed the Civil Work in accordance with the Contract
Documents, and delivered any and all maintenance and operating instructions, schedules, guarantees,
. certificates or other evidence of insurance required by Paragraph 5.2 of these General Conditions, certificates
of inspection, marked-up record documents and other documents as required by the Contract Documents,
CONTRACTOR may make Application for Final Payment following the procedure for progress payments. The
final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation
called for in the Contract Documents, including but not limited to the evidence of insurance required, and (ii)
complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in
connection with the Civil Work.
14.12.1. No final Application for Payment will be accepted by OWNER until CONTRACTOR has
made all submittals 'as required by the Contract Documents to the PROFESSIONAL.
14.12.2. Notwithstanding any other provision of these Contract Documents to the contrary, OWNER
and AGLC are under no duty or obligation whatsoever to any Supplier, Subcontractor, laborer or other party to
ensure that payments due and owing by CONTRACTOR to any of them are or will be made. CONTRACTOR
agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and AGLC all claims
arising from or resulting from Subcontractor or Supplier or material men or laborer services in 'connection with
the Civil Work.
GC-24
14.12.3. PROFESSIONAL's recommendation of final payment will constitute an additional
representation by PROFESSIONAL .to OWNER that the conditions precedent to CONTRACTOR's being
entitled to final payment as set forth in Paragraph 14.12 herein have been fulfilled.
Final Payment and Acceptance:
14.13. If, on the basis of PROFESSIONAL'S observation of the Civil Work during construction and
final inspection and PROFESSIONAL's review of the final Application for Payment and accompanying
documentation as required by the Contract Documents, PROFESSIONAL and OWNER are satisfied that the
Civil Work has been completed and CONTRACTOR's other obligations under the Contract Documents as well
as the Remediation Contract have been fulfilled, OWNER will, within ten (10) working days after receipt of the
final Application for Payment, approve the final Application of Payment and then present it to AGLC for
payment. At the same time OWNER will also give written notice to AGLC and CONTRACTOR that the Canal
Construction is acceptable to OWNER. For all or any portion of the final Application for Payment that OWNER
does not approve, OWNER will return the application to CONTRACTOR, indicating in writing the reasons for
refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections
and resubmit the final Application for Payment, provided, however, that nothing herein shall be construed to
relieve OWNER from its payment obligations for all undisputed portions of the final Application for Payment.
14.13.1. Not later than twenty (20) days after receipt of the final approved Application for Payment,
OWNER will tender payment of all undisputed portions thereof to AGLC for the benefit of CONTRACTOR.
14.13.2. Upon receipt of written notice from OWNER that OWNER has approved CONTRACTOR's
final Application for Payment, AGLC will remit the approved amount to CONTRACTOR in accordance with the
agreement between CONTRACTOR and AGLC; provided, however, that, if OWNER does not provide such
written notice to AGLC within five (5) days of receipt of the corresponding recommendation for payment, then
CONTRACTOR shall have the right, but not necessarily the obligation, to notify OWNER and AGLC of
OWNER'S failure timely to approve such Application for Payment. Upon receipt of such written notice,
OWNER shall immediately tender such approval. Thereafter, AGLC will immediately remit such final
payment to CONTRACTOR, as required by the applicable payment terms set forth herein.
14.13.3. AGLC's duty to remit the amount approved by OWNER of the final Application for Payment
is subject to OWNER's making of timely payments of the approved amounts to AGLC. In the event that
OWNER fails to make its payment to AGLC on or before the date it becomes due, AGLC will be relieved of
any further duty to make payments to CONTRACTOR for the Civil Work until such time as OWNER becomes
current in its payment obligations to AGLC. In such event, AGLC will immediately notify CONTRACTOR that
OWNER has failed to timely make its payment of the approved amounts; whereupon CONTRACTOR shall be
entitled to invoke its rights under Article 15.5 of these General Conditions.
14.14. If, through no fault of CONTRACTOR, final completion of the Canal Construction is
significantly delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's
final Application for Payment and upon recommendation of PROFESSIONAL, and without terminating the
Construction Contract, make payment of the balance due for that portion of the Civil Work fully completed and
accepted. Payment of retained amounts shall be made under the terms aild conditions governing final
payment, except that it shall not constitute a waiver of claims.
CONTRACTOR's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and complete all work covered by the Contract
Documents shall be absolute. Neither PROFESSIONAL'S recommendation of any progress or final payment,
nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR
under the Contract Documents, nor any partial use or occupancy of such work by OWNER, nor any act of
acceptance by OWNER nor any failure to do so, nor any review of a submittal, nor any correction of Defective
Work by OWNER, will constitute an acceptance thereof or a waiver of OWNER'S corresponding rights under
the Contract Documents, or a release of CONTRACTOR's obligation to perform the Civil Work in accordance
with the Contract Documents (except as provided in Paragraph 14.16, herein).
GC-25
Waiver of Claims:
14.16. The making and acceptance of final payment will constitute:
14.16.1. A waiver of all claims by OWNER against CONTRACTOR, including all claims for Defective
Work that the OWNER knew or should have known about, except claims arising from unsettled liens, from
Defective Work appearing after final inspection pursuant to 14.11, or the terms of any special guarantees
specified in the Contract Documents; and
14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made
in writing and still unresolved.
ARTICLE 15--SUSPENSION OF CIVIL WORK AND
TERMINATION
OWNER May Suspend Civil Work:
15.1. OWNER may, at any time and without cause, suspend the Civil Work or any portion thereof for
a period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will
fix the date on which Civil Work will be resumed; provided, however, that any such suspension shall not
interfere with CONTRACTOR'S ability to perform either the Remediation and Restoration Work or the
Additional Remediation Work under the Remediation Contract. CONTRACTOR shall resume the Civil Work
on the date so fixed. CONTRACTOR shall be entitled to an adjustment in the Contract Price or an extension
of the Contract Time, or both, directly attributable to any suspension once CONTRACTOR makes an approved
claim therefor as provided in Articles 11 and 12 of these General Conditions.
Termination For Cause:
15.2. Upon the occurrence of anyone or more of the following events:
15.2.1. CONTRACTOR breaches a repr.esentation or warranty set forth in the Construction Contract,
15.2.2. CONTRACTOR fails t9 perform any portion of the Civil Work in accordance with the
Construction Contract,
15.2.3. CONTRACTOR fails to perform any of its other material obligations of the Construction
Contract, including, but not limited to, failure to supply sufficient skilled workers or suitable materials or
equipment; or -. .
15.2.4. If CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction, then
OWNER may, without prejudice to any other remedy that it may have, and after giving the CONTRACTOR
thirty (30) days' written. notice, terminate the Construction Contract and take possession of the Augusta
Property and all materials thereon owned by OWNER and may finish the Civil Work by whatever reasonable
method that OWNER and AGLC jointly deem expedient; provided that no such termination may be effected
unless such default, if capable of cure; has not been cured within forty-five (45) days after written notice to the
defaulting party. In such case, CONTRACTOR s'hall not be entitled to receive any further payment due under
the Construction Contract until all work required to be performed pursuant thereto is substantially completed.
If the unpaid balance of the Contract Price exceeds the direct costs incurred by OWNER in substantially
completing the remaining work under the 9onstruction Contract, then OWNER shall pay such excess to
AGLC, for the benefit of CONTRACTOR. If the unpaid balance is less than the direct costs incurred by
OWNER in completing the remaining work under the Construction Contract, then CONTRACTOR shall pay
the difference to OWNER. Upon request of the CONTRACTOR, OWNER shall furnish to the CONTRACTOR
a detailed accounting of the costs incurred by OWNER in finishing such work. The parties' respective
payment obligations shall survive termination of the Construction Contract.
GC-26
Termination for Convenience
15.3. Upon written notice from AGLC to OWNER that AGLC is electing to terminate CONTRACTOR
for its convenience pursuant to the applicable provisions of the Remediation Contract, OWNER may
thereafter, without further cause, elect to terminate the Construction Contract. In such case, CONTRACTOR
shall be paid (without duplication of any items):
15.3.1. For all costs and expenses attributable to completed work incurred by CONTRACTOR up
through and including the effective date of termination, including fair and reasonable sums for overhead and
profit on such Civil Work;
15.3.2. For all costs and expenses attributable to performing services and furnishing labor, materials
or equipment as required by the Contract Documents in connection with uncompleted work, plus fair and
reasonable sums for overhead and profit on such expenses incurred by CONTRACTOR up through and
including the effective date of termination; and
15.3.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with
Subcontractors, Suppliers and others.
CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss
arising out of or resulting from a termination for OWNER'S convenience of this Construction Contract.
15.4. Where CONTRACTOR's services have been so terminated by OWNER hereunder, the
termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which
may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
CONTRACTOR May Stop the Civil Work:
15.5. If, through no act or fault of CONTRACTOR, OWNER shall fail to make timely payment of any
undisputed payment amounts invoiced, as set forth in the Contract Documents within the time specified
herein, and if OWNER fails to remedy such failure within ten (10) days after written notice of such failure by
CONTRACTOR, such notice being sent to both OWNER and AGLC, CONTRACTOR may immediately
thereafter suspend its performance of the Civil Work until such time as OWNER cures such event of default
by paying CONTRACTOR all amounts past due, including interest thereon. If CONTRACTOR suspends the
Civil Work pursuant to the provisions of this Paragraph 15.5, CONTRACTOR shall be entitled to an increase
in the Contract Price and/or Contract Time for costs and expenses directly attributable to CONTRACTOR's
suspending the Civil Work, which increase shall not be subject to the agreed upon limits for Contingency Work
as set forth in Article 4 of the Construction Contract.
ARTICLE 16--DISPUTE RESOLUTION
16.1. The parties will attempt in good faith to resolve any dispute, claim, or controversy arising out of
or related to the Construction Contract, including the performance of the work, and excluding Design Disputes,
which shall be resolved exclusively as set forth in Paragraph 16.4 of this Article.
16.2. Independent Settlement Discussions Between the Parties. As a condition precedent to
pursuing any available relief in a court of competent jurisdiction, the parties agree to first to engage in
independent settlement discussions in accordance with the following guidelines:
16.2.1. Should a dispute, claim, or controversy arise, the designated job-site Representatives of
OWNER, AGLC and CONTRACTOR shall meet at least once and will attempt to resolve the matter. Each
such representative may request the other to meet within fourteen (14) days following such request to meet at
a mutually agreed upon time at the jobsite.
GC-27
16.2.2. If the matter is not resolved within twenty (20) days of their first meeting, the job-site
Representatives shall refer the matter to Senior Executives who shall have the authority to settle the dispute.
Thereafter, the job-site Representatives shall promptly prepare and exchange memoranda stating the issues
in dispute and their positions, summarizing the negotiations that have occurred, and attaching relevant
documents. The Senior Executives will meet for negotiations within fourteen (14) days of the end of the twenty
(20) day period referred to above, at a mutually agreed upon time and place.
16.2.3. All time limits set forth herein may be extended by mutual agreement of the parties.
16.3. Should the parties be unable to resolve the dispute as set forth in Paragraph 16.2 of this
Article, any party hereto may thereafter seek appropriate relief in a court of competent jurisdiction. All parties,
by execution of the Construction Contract, consent to jurisdiction and venue over any ensuing litigation in the
Superior Court of Richmond County, Georgia, and expressly waive any right to contest same.
16.4. Resolution of Design Disputes.
16.4.1. Purpose. The parties agree to engage a Third Party Neutral (the "Neutral") for the limited
purpose of resolving design disputes and/or claims (hereinafter "Design Disputes") that might arise after the
Effective Date o'fthe Construction Contract. Such disputes might arise based upon disagreements involving
the design scope, preparation, and/or review requirements set forth in Section II of the Specifications. More
particularly, the parties anticipate that Design Disputes might arise in two limited instances:
(1) Between CONTRACTOR and OWNER. If, after OWNER has timely reviewed the 100%
Design Drawings, CONTRACTOR and OWNER are unable to agree as to whether or not a particular
component of the Civil Work is materially inconsistent with one or more of the foregoing enumerated criteria
(structural integrity, conformity with Hydraulic Plan, or appearance characteristics); or
(2) Between CONTRACTOR and AGLC. If, after AGLC has timely reviewed the 100% Design
Drawings, CONTRACTOR and AGLC are unable to agree upon whether or not a particular component of the
Civil Work is inconsistent with the Basis of Design Work Plan.
The Neutral will serve in the role of an arbitrator with special expertise in design of construction projects and,
based on evidence presented, will resolve any and all Design Disputes that might arise during the course of
the Canal Construction, in accordance with the procedures set forth herein. The Neutral will only be used if
the parties cannot successfully resolve the Design Disputes by independent means, and upon prior written
notice of one or more of the parties hereto. The Neutral's ruling, with respect to a specific Design Dispute, will
be binding upon the parties. The Neutral will fairly and impartially consider Design Disputes referred to him
and provide written fin'dings and conclusions.
16.4.2. Continuance of Canal Construction and/or Remediation and Restoration Work During Design
Dispute. At all times during the course of the Design Dispute, CONTRACTOR shall continue diligently to
perform the work as directed consistent with the governing provisions of the applicable contract documents;
provided, however, that under no circumstances shall CONTRACTOR be so obligated to perform if OWNER
is in default of its payment obligations under the Construction Contract. CONTRACTOR shall separately keep
track of all costs and expenses incurred as a result of the Design Dispute until such time as the dispute is
resolved.
16.4.3. Selection of Neutral. Not later than ten (10) days after the Effective Date of the Construction
Contract, the parties shall agree upon one (1) Neutral, selected from a list of not less than six (6) nor more
than nine (9) names circulated by the parties at or prior to the Effective Date of the Construction Contract.
16.4.4. Operation. The Neutral shall operate generally within the procedures established herein, with
reasonable f1exibilities and allowances based upon the circumstances of each particular Design Dispute. In
order to keep informed as to the design related issues, CONTRACTOR shall provide the Neutral with a
complete set of the 70% Design Drawings, including the Supplemental Details, and the Specifications,
promptly after the parties have formally engaged the Neutral. Thereafter, CONTRACTOR shall include the
GC-28
"'-----
Neutral on its distribution list for all subsequent design submittals.
16.4.5. Procedure and Schedule for Design Dispute Resolution. All Design Disputes shall be
resolved promptly and expeditiously. The parties may agree to permit the Neutral to omit one or more of the
procedures outlined herein in order to expedite resolution of a particular dispute. Subject to the foregoing,
each Design Dispute shall be resolved generally in accordance with the following procedures and schedule:
(1) Notices. Subject to the submittal and review times set forth in the Specifications, if either
OWNER or AGLC expressly rejects a particular 100% Design Drawing, it shall notify CONTRACTOR in writing
of such rejection ("Notice of Rejection"). The Notice of Rejection must contain the specific ground(s) for
rejection. For OWNER, such grounds are failure to materially comply with one or more of the following
criteria: i) the Hydraulic Plan; ji) Structural Integrity requirements; and, iii) Appearance. For AGLC, the sole
ground for issuing a Notice of Rejection shall be inconsistency of the 100% Design submittal with the Basis of
Design Work Plan. The party submitting a Notice of Rejection will also provide CONTRACTOR a detailed list
of all actions that it believes CONTRACTOR should take to correct the particular alleged design defect before
it will rescind its rejection and, thus approve the particular design submittal. CONTRACTOR may agree to all
or a portion of such alleged corrective action. To the extent that CONTRACTOR disputes all or a portion of
the Notice of Rejection then, within five (5) days of receipt of such notice, CONTRACTOR will notify the
issuing party (or parties, as the case may be) of the existence of a Design Dispute ("Dispute Notice"), including
the specific action or actions that CONTRACTOR disputes. CONTRACTOR will contemporaneously provide a
copy of the Dispute Notice to the Neutral, which shall include a copy of each Notice of Rejection, as well as
any and all evidence that CONTRACTOR believes support its position for refusing to take the requested
corrective action(s) (providing a copy of such evidence to the party issuing the Notice of Rejection).
Thereafter, either OWNER or AGLC, or both, as the case may be, may submit additional evidence to the
Neutral (providing a copy of such evidence to CONTRACTOR as well) that it believes support its respective
position for rejecting CONTRACTOR's design submittal, provided that such party (or parties) must submit
such additional evidence within five (5) days of receipt of the Dispute Notice;
(2) Hearing. If the Neutral desires to conduct a hearing on the Design Dispute, he shall issue a
Notice of Hearing within two (2) days of receipt of all Notices and submittals outlined above. The Notice of
Hearing shall contain the date, time and location of the hearing, and shall include a list of any and all
witnesses from whom the Neutral may wish to elicit testimony, and provided that no party to the hearing shall
be required to provide more than three witnesses. Th~ Hearing will last no longer than one (1) business day.
Notwithstanding the foregoing, and upon recommendation by the Neutral, the parties to a particular Design
Dispute may agree to waive the Hearing requirement. Each party must independently invoke its waiver right
and notify the other party(ies) and the Neutral within one (1) day of receipt of such recommendation by the
Neutral. If the Hearing is so waived by all parties to the Design Dispute, the Neutral shall issue the Ruling
within the time limit set forth in Subsection (3), below;
(3) Ruling. The Neutral shall be required to issue a written ruling within three (3) days of the
conclusion of the Hearing, or within three (3) qays of the parties to the Design Dispute all agreeing upon
waiver of the Hearing. The Ruling shall include all relevant findings of the Neutral. At a minimum, the Ruling
shall contain one of the following rulings:
(a) After careful review of the evidence [and testimony}, I hereby find in favor of the
CONTRA CTOR. No further modification of the 100% Design Submittal that is the subject of this
Design Dispute shall be required and CONTRACTOR shall be entitled to proceed with the
corresponding construction work in accordance with the aforementioned design without adjustment to
the Contract Price or Project Schedule; or
(b) After careful review of the evidence [and testimony}, I hereby find in favor of the
CONTRACTOR. No further modification of the 100% Design Submittal that is the subject of this
Design Dispute shall be required by CONTRACTOR unless and until a Change Order to the
Construction Contract is issued adjusting the Contract Price and/or Project Schedule accordingly; or
GC-29
(c) After careful review of the evidence [and testimony}, I hereby find in favor of OWNER [or
AGLC, or both). CONTRACTOR shall be required to modify and resubmit its 100% Design Submittal
at its own cost and expense within fifteen (15) days of the date of this Ruling. The Project Schedule
shall be adjusted by [Insert Number} days to accommodate additional construction required by this
additional design; or
(d) After careful review of the evidence and testimony, I hereby find in favor of OWNER [or
AGLC, or both}. CONTRACTOR shall be required to modify and resubmit its 100% Design Submittal
at its own cost and expense within fifteen (15) days of the date of this Ruling. The Project Schedule
shall not be adjusted.
16.4.6. Compensation of Neutral. Compensation for the Neutral will be based upon agreed upon unit
rates as a fee, plus reimbursement -expenses. The parties to the Construction Contract shall share in
payment of these fees and expenses, generally as follows:
(1) Design Dispute between OWNER and CONTRACTOR: Fees and expenses shall be shared
equally (50/50) between these two parties; or
(2) Design Dispute between AGLC and CONTRACTOR: Fees and expenses shall be shared
equally (50/50) between these two parties; or
(3) Design Dispute among OWNER, AGLC and CONTRACTOR: Fees and expenses shall be
split equally (one-third each) between these three parties.
OWNER will provide administrative services, such as conference facilities and secretarial services, if needed,
and will bear the cost of these services.
16.4.7. Independent Resolution. The parties to the Design Dispute shall be free to attempt
independently to resolve such dispute at any time during the course of the Design Dispute up until the Neutral
has issued a written ruling on the dispute.
ARTICLE 17 --MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it
will be deemed to have b_een validly given once delivered by hand or sent by registered or certified mail,
postage prepaid, to the addressees identified in Article VI of the Construction Contract.
Computation of Time:
17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed
to exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be
omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall
constitute a day, unless otherwise provided for in the Construction Contract.
General;
17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of
any error, omission or act of the other party or of any of the other party's employees or agents or others for
whose acts the other party is legally liable, claim should be made in writing to the other party within a
reasonable time of the first observance of such injury or damage. The provisions of this Paragraph 17.3 shall
GC-30
not be construed as a substitute for or a waiver of the provisions of any" applicable statute of limitations or
repose.
17.4. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees
and obligations imposed upon CONTRACTOR by Paragraphs 13.1, 14.3 and 15.2 of these General
Conditions and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in
addition to, and are not to be construed in anyway as a limitation of, any rights and remedies available to any
or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or
guarantee or by other provisions of the Contract Documents, and the provisions of this Paragraph 17.4 will be
as effective as if repeated specifically in the Contract Documents in ~onnection with each particular duty,
obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the
Contract Documents will survive final payment and termination or completion of the Construction Contract.
17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to the
Construction Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum
of eight (8) years from Substantial Completion. OWNER shall have the right to audit, inspect, and copy all
such records and documentation as often as OWNER deems necessary during the period of the Construction
Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only
during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of
and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records
and supporting documentation.
17.6. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall
be due CONTRACTOR on any sum held as retain age pursuant to the Contract Documents and
CONTRACTOR specifically waives any claim to same.
Sanitary Sewer Overflow Prevention:
17.7. Procedures to Prevent Overflows During Sanitary Sewer Construction:
17.7.1. The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to
waters of the State is a violation of Georgia Water Quality Regulations and is prohibited.
17.7.2. The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This
plan will include a list of key personnel with 24-hour contact information who will respond during an emergency
situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any
changes to the Emergency Response Plan will be submitted to the PROFESSIONAL prior to implementation.
17.7.3. In the event bypass pumping is required to facilitate new sewer construction, bypassing plans
and supporting calculations must be submitted to the OWNER Utilities Department for review prior to
establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if
failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the
State.
17.7.4. Bypass pumping will be monitored continuously by a person knowledgeable in pump operation
and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to
waters of the State.
17.7.5. In the event of a discharge of untreated wastewater, the CONTRACTOR will take the
following actions:
1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater;
2. Immediately notify the Utilities Department dispatcher (706.796.5010) and the PROFESSIONAL
(contact information will be provided at the preconstruction conference); and
GC-31
3. Maintain a chronicle of relevant information regarding the incident including specific actions taken
by the CONTRACTOR and estimates of the discharge volume.
17.7.6. The PROFESSIONAL will coordinate notification of the Georgia Environmental Protection
Division (800.241.4113) and the Augusta Emergency Management Agency if appropriate.
17.7.7. If, in the opinion of the PROFESSIONAL and the OWNER, the CONTRACTOR is not
responding to an emergency situation in an appropriate manner, the Utilities Department will undertake
necessary actions to abate an overflow situation. Except as set forth in Paragraph 17.7.9, and to the extent
. caused by the acts or omissions or willful misconduct of the CONTRACTOR, the cost of these actions will be
the responsibility of the CONTRACTOR.
17.7.8. Following a discharge of untreated wastewater, a downstream inspection will be conducted by
the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR.
17.7.9. Notwithstanding anything contained in this Section to the contrary, the parties agree and
understand that OWNER, not CONTRACTOR, shall be fully and completely responsible for the proper
handling, treatment and mitigation of any and all sanitary sewer outfalls that are or may exist within the
designated reaches of the Canal where the Canal Construction is being performed. Moreover, nothing
contained in this Article shall require CONTRACTOR to be responsible for any sewage discharges into the
Canal coming from either sanitary sewer lines or combined sanitary and stormwater sewer lines, where such
discharges occur through no fault of the CONTRACTOR, including but not limited adverse weather events. In.
all such instances, CONTRACTOR will promptly notify OWNER when and if it uncovers any such sanitary
sewer outfalls or if such discharges occur, whereupon OWNER will be fully responsible for the cost and
expense of handling, treating and/or mitigating and releases therefrom, and which work shall not be
considered Contingency Work.
'--END OF GENERAL CONDITIONS--
GC-32
EXHIBIT 1 TO GENERAL
CONDITIONS
WILLIAMS ENVIRONMENTAL SERVICES
2075 West Park Place Blvd.
Stone Mountain, Georgia 30087
Invoice
Project Name: Augusta Civil
Invoice #:
Pay Application #:
Payment Period Ending:
Invoice Date:
I
3/15/2004
3/16/2004
Client Name & Address:
AUGUSTA, GEORGIA
clo Cranston, Robertson & Whitehurst, P.C.
452 Ellis Street
P.O. Box 2546 .
Augusta, GA 30903-2546
ATIN: Tom Robertson
Contract Summary:
Original Contract Amount
$6,350,000.00
Modifications:
$0.00
Revised Contract Amount
$6,350,000.00
Invoice Summary:
Amount
Period Project To Date
$0.00 $0.00
Total This Payment Application
$0.00
$0.00
Submitted By:
Date:
Project Manager
Approved By:
Date:
Authorized Client Representative
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EXHIBIT D
Exhibit "0"
Schedule of Values for the Civil Work
This exhibit presents the pricing and the measurement and payment schedule of values for each of
the Civil Work items described in the General Specifications and Scope of Work for Canal
Construction (the "Specifications"). A detailed schedule of values is provided for each of the payment
items.
Item Description Quantity Unit Rate Extended
Price
1 7th Street Bridge Refurbishment 1 LS $ 148,000 $ 148,000
2 8th Street Bridge LS $ 517,490 $ 517,490
3 Walton Way Bridge 1 LS $ 482,301 $ 482,301
4 9th & Fenwick Culvert 1 LS $ 680,355 $ 680,355
5 CSX Crossing 1 LS $ 500,000 $ 500,000
6 Canal Inlet Control Structure 1 LS $ 234,000 $ 234,000
7 Canal Restoration 1 LS $ 3,787,854 $ 3,787,854
TOTAL $ 6,350,000
Notes:
1. The task descriptions set forth below are illustrative only and the actual scope of Contractor's obligations is
set forth in the Specifications. To the extent there is any conflict between this exhibit and the Specifications
regarding description of the work to be performed, the Specifications shall control. The measurement and
payment schedule of values for these tasks, however, shall be as set forth in this exhibit.
2, Several items have components that require the payment of a deposit for those items. The deposits for such
items will be invoiced when the order is placed.
3, As used herein, the phrase "Percent Complete" means that the billable amount is the percent complete,
measured as the cumulative completed work as a percentage of the then-current estimate of the totalwork.
4. CSX Crossing. This price does not include CSX Fees and Expenses. All CSX Expenses, including fees and
insurance related to engineering review, risk of disruption, flagmen, line connection, CSX management or
similar CSX-controlled issues, will be covered by the CSX Expense Fund, as provided in the Construction
Contract. Contractor will enter into all necessary access agreements with CSX for purposes of performing such
work.
2/25/2004
Summary
Page 1
Exhibit "D"
Schedule of Values - For The Civil Work
Item Task Description Measurement and Payment Price
1. 7th Street Bridge Refurbishment
A. Engineering
This lump sum price will be paid for engineering to Lump sum billable upon completion of $ 18,000
design the associated structural elements. design drawings.
B. Utility Protection
This lump sum price will be paid for all labor, Lump sum billable upon percent complete $ 19,860
materials and equipment to protect the 54" mid city basis.
sanitary sewer line located adjacent to the 7th
Street Bridge.
C. Excavation
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 33,145
all labor, materials and equipment to remove soils basis.
and sediments under the existing bridge and as
required to construct the wingwalls.
D. Construct wingwalls
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 76,995
all labor, materials and equipment to construct the basis in 25% increments for each of the
wingwalls to channelize the water flow at the 7th wingwalls.
Street Bridge.
SUBTOTAL ITEM 1 $ 148,000
2/25/2004
Page 2
SOV 1
Exhibit "0"
Schedule of Values - For The Civil Work
Item Task Description Measurement and Payment Price
2. 8th Street Bridge
A. Engineering
This lump sum price will be paid for engineering to Lump sum billable upon completion of $ 41,000
design the associated structural elements. design drawings.
B. Temporary utilities
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 69,110
all labor, materials and equipment to perform the basis.
necessary sewer pump bypasses, relocate
overhead utilities, isolate water lines, etc. to
facilitate the bridge construction. Includes
installation of sheetpiling to support the existing
Georgia Power transmission line pole.
C. Bridge demolition
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 41 ,400
all labor, materials and equipment to demolish the basis.
existing structure. Disposal of debris at Owner
facility with no tipping fees,
D. Construct bridge
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 144,080
all labor, materials and equipment to construct the basis.
new structure except for the precast components
listed below.
1. Precast components
This lump sum price shall be full compensation for 50% billable at placement of the order. $ 98,205
the fabrication and delivery of precast bridge Balance due after installation.
components.
E. Roadway Restoration
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 59,460
all labor, materials and equipment to complete basis,
backfill around new structure, prepare the subgrade,
and pave the roadway approaches to the new
structure.
F. Utility restoration
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 64,235
all labor, materials and equipment to perform the basis.
necessary restoration of disrupted utility systems
that will remain in service.
SUBTOTAL ITEM 2 $ 517;490
2/25/2004
Page 3
SOY 1
Exhibit "D"
Schedule of Values - For The Civil Work
Item Task Description Measurement and Payment Price
3. Walton Way Bridge
A. Engineering
This lump sum price will be paid for engineering to Lump sum billable upon completion of $ 26,000
design the associated structural elements. design drawings.
B. Temporary utilities
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 28,570
all labor, materials and equipment to perform the basis.
necessary sewer pump bypasses, relocate
overhead utilities, isolate water lines, etc. to
facilitate the bridge construction.
C. Bridge demolotion
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 41,656
.alllabor, materials and equipment to demolish the basis.
existing structure. Disposal of debris at ARC facility
with no tipping fees.
D. Construct bridge
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 72,890
all labor, materials and equipment to construct the basis.
new structure except for the precast components
listed below.
1. Precast components
This lump sum price shall be full compensation for 50% billable at placement of the order. $ 205,000
the fabrication and delivery of precast bridge Balance due after installation.
components.
E. Roadway Restoration
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 68,455
all labor, materials and equipment to complete basis.
backfill around new structure, prepare the subgrade,
and pave the roadway approaches to the new
structure.
F. Utility restoration
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 39,730
all labor, materials and equipment to perform the basis.
necessary restoration of disrupted utility systems
that will remain in service.
SUBTOTAL ITEM 3 $ 482,301
2/25/2004
Page 4
SOY 1
Exhibit "0"
Schedule of Values - For The Civil Work
Item Task Description Measurement and Payment Price
4. 9th & Fenwick Culvert
A. Engineering
This lump sum price will be paid for engineering to Lump sum billable upon completion of $ 19,000
design the associated structural elements. design drawings.
B. Temporary utilities
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 105,740
all labor, materials and equipment to perform the basis.
necessary sewer pump bypasses, relocate
overhead utilities, isolate water lines, etc. to
facilitate the bridge construction. This includes
BellSouth rerouting existing communication lines to
overhead locations as needed.
C. Excavation
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 68,900
all labor, materials and equipment to remove soils basis.
due to the shift of the canal to avoid the existing
Georgia Power Vault.
D. Culvert demoltion
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 42,860
all labor, materials and equipment to demolish the basis.
existing structure. Disposal of debTis at Owner
facility with no tipping fees,
E. Construct Culvert
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 76,340
all labor, materials and equipment to construct the basis.
new structure except for the precast components
listed below.
1. Precast components
This lump sum price shall be full compensation for 50% billable at placement of the order. $ 208,200
- the fabrication and delivery of precast bridge Balance due after installation.
components.
F. Roadway Restoration
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 86,890
all labor, materials and equipment to complete basis.
backfill around new structure, prepare the subgrade,
and pave the roadway approaches to the new
structure.
G. Utility restoration
This lump sum price shall be full compensation for Lump sum billable upon percent complete $ 72,425
all labor, materials and equipment to perform the basis.
necessary restoration of disrupted utility systems
that will remain in service.
SUBTOTAL ITEM 4 $ 680,355
2/25/2004
Page 5
SOV 1
Exhibit "0"
Schedule of Values - For The Civil Work
2/25/2004
Item
5.
A.
Task Description
CSX Crossing
Engineering fees
This lump sum price includes the design of the
railroad bridge structure by a.professional engineer
including conceptual and final design packages.
B.
Geological Investigation
This lump sum price shall be full compensation for
all labor, materials and equipment to conduct
additional site investigation to determine the
structural foundation design for the proposed
structure.
Construct bridge
This lump sum price shall be full compensation for
all labor, materials and equipment to construct the
new structure.
Trackwork
This lump sum price shall be full compensation for
all labor, materials and equipment to remove and
restore the trackwork during the track shutdown
period.
Excavation
This lump sum price shall be full compensation for
all labor, materials and equipment to remove soils
once the new structure is installed. Work will be
around drilled shaft foundations and require
substantial safety precautions.
C.
D.
E.
Measurement and Payment
Lump sum billable upon percent complete
basis.
Lump sum billable upon percent complete
basis.
Lump sum billable upon percent complete
basis.
Lump sum billable upon percent complete
basis.
Lump sum billable upon percent complete
basis.
SUBTOTAL ITEM 5
Page 6
Price
$
73,000
$
13,000
$
257,140
$
46,470
$
110,390
$
500,000
SOV1
Exhibit "D"
Schedule of Values - For The Civil Work
Item
6.
A.
Task Description
Canal Inlet Control Structure
Engineering
This lump sum price will be paid for engineering to
design the associated structural elements.
Geological Investigation
This lump sum price shall be full compensation for
all labor, materials and equipment to conduct
additional site investigation to determine the
structural foundation design for the proposed
structure.
Excavation
This lump sum price shall be full compensation for
all labor, materials and equipment to remove soils
necessary to construct the widened canal at the
structure,
Structure foundation
This lump sum price shall be full compensation for
all labor, materials and equipment to construct the
structural support and concrete piers necessary to
support the dual gate structures with their
associated walkways.
Gates, controllers, etc.
This lump sum price shall be full compensation for
all labor, materials and equipment to provide and
install the roller gates, motors, actuators, and
control panel for the canal inlet control structure,
B.
C.
D.
E.
2/25/2004
Measurement and Pavment
Lump sum billable upon completion of
design drawings.
Lump sum billable upon percent complete
basis.
Lump sum billable upon percent complete
basis.
Lump sum billable upon percent complete
basis.
50% billable at placement of the order,
Balance due after installation.
SUBTOTAL ITEM 5
Page 7
Price
$
36,000
$
8,000
$
22,070
$
50,130
$
117,800
$
234,000
SOV1
Exhibit "D"
Schedule of Values - For The Civil Work
Item Task Description
7. Canal Restoration
A. Engineering
This lump sum price will be paid for engineering to
design the associated structural elements.
B. Reach C
1. Excavation
This lump sum price shall be full compensation for
all labor, materials and equipment to remove soils
as required to construct the canal profile and
transition to the existing channel at the CSX
Crossing.
2. Restoration - concrete
This lump sum price shall be full compensation for
all labor, materials and equipment to provide and
install the concrete canal liner with 3 1/2 feet high
walls and the appropriate width. Top slopes will be
restored with a hydromulch seed mix.
3. Restoration - grass
This lump sum price shall be full compensation for
all labor, materials and equipment to provide the
transition between the concrete channel and an
earthen vegetated channel. Side slopes will be
restored with a hydromulch seed mix.
C. Reach D
1. Restoration - concrete
This lump sum price shall be full compensation for
all labor, materials and equipment to provide and
install the concrete canal liner with 3 1/2 feet high
walls and the appropriate width. Top slopes will be
restored with a hydromulch seed mix.
D. Reach E
1. Restoration - concrete
This lump sum price shall be full compensation for
all labor, materials and equipment to provide and
install the concrete canal liner with 3 1/2 feet high
walls and the appropriate width. Top slopes will be
restored with a hydromulch seed mix.
E. Reach F
1. Restoration - concrete
This lump sum price shall be full compensation for
all labor, materials and equipment to provide and
install the concrete canal liner with 3 1/2 feet high
walls and the appropriate width. Top slopes will be
restored with a hydromulch seed mix.
F. Reach G
1. Restoration - concrete
This lump sum price shall be full compensation for
all labor, materials and equipment to provide and
install the concrete canal liner with 3 1/2 feet high
walls and the appropriate width. Top slopes will be
restored with a hydromulch seed mix.
2/25/2004
Measurement and Payment
Lump sum billable upon completion of
design drawings.
Lump sum billable upon percent complete
basis,
Lump sum billable upon percent complete
basis.
Lump sum billable upon percent complete
basis.
Lump sum billable upon percent complete
basis.
Lump sum billable upon percent complete
basis.
Lump sum billable upon percent complete
basis.
Lump sum billable upon percent complete
basis,
Page 8
Price
$
94,000
$
227,600
$
135,300
$
40,835
$
758,895
$
884,350
$
513,130
$
360,285
SOV 1
Exhibit "0"
Schedule of Values - For The Civil Work
Item
Task Description
Price
2. Vertical walls
This lump sum price shall be full compensation for
all labor, materials and equipment to construct
retaining walls to protect existing building
foundations that are proximate to the canal channel.
G. Reach H
1. Excavation
This lump sum price shall be full compensation for
all labor, materials and equipment to remove soils
as required to construct the canal profile.
2. Restoration - concrete
This lump sum price shall be full compensation for
all labor, materials and equipment to provide and
install the concrete canal liner with 3 1/2 feet high
walls and the appropriate width. Top slopes will be
restored with a hydromulch seed mix.
3. Vertical walls
This lump sum price shall be full compensation for
all labor, materials and equipment to construct
retaining walls to protect existing building
foundations that are proximate to the canal channel.
2/25/2004
Measurement and Payment
Lump sum billable upon percent complete
basis.
Lump sum billable upon percent complete.
basis.
Lump sum billable upon percent complete
basis.
Lump sum billable upon percent complete
basis.
SUBTOTAL ITEM 7
Page 9
$
131,430
$
118,460
$
332,229
$
191,340
$
3,787,854
SOY 1
Execution Copy
REMEDIATION, RESTORATION AND
INDEMNIFICATION AGREEMENT
THIS AGREEMENT is made and entered into as of the 25th day of February, 2004 (the
"Effective Date" of this Agreement), by and between AUGUST A, GEORGIA, a political
subdivision of the State of Georgia ("Augusta") and ATLANTA GAS LIGHT COMPANY
("AGLC"), a Georgia corporation.
WIT N E SSE T H:
WHEREAS, Augusta owns, will acquire, or will provide access to certain real property
generally depicted in Exhibit "A," attached hereto, in Augusta, Georgia (the "Augusta
Property"); and
WHEREAS, the Augusta Property is located near property owned by AGLC that was
formerly th'e location of a manufactured gas plant or "MGP" (the "MGP Property"); and
WHEREAS, environmental investigations conducted on the MGP Property indicate that
chemical constituents, substances and compounds that are associated with MGP operations
("MGP Constituents") remain on the MGP Property; and
WHEREAS, MGP Constituents have been detected on or beneath a portion of the
. Augusta Property; and
WHEREAS, AGLC has submitted to and received approval from the Georgia
Environmental Protection Division ("GEPD") of a Correction Action Plan dated March 27,2001
(revised April 12, 2001) as amended by a Basis of Design Work Plan ("BDWP") attached as
Exhibit "B," which documents may be further amended from time to time, describing remedial
actions to address the impacts of MGP Constituents (collectively the "GEPD Orders"), and
which documents Augusta may review and comment upon to the extent provided herein; and
WHEREAS, on or about December 26, 2002 AGLC entered into a Remediation Services
Agreement with Williams Environmental Services, Inc. (the ''Remediation Contractor"); and
WHEREAS, Augusta desires to have performed and will pay for certain Civil Work and
improvements in and around the area of AGLC's remediation work, which Civil Work and
improvements can be efficiently and economically accomplished if performed in coordination
with AGLC's remediation work; and
WHEREAS, AGLC is willing to coordinate said Civil Work with AGLC's remediation
work, provided such does not interfere with or delay AGLC's remediation work; and
WHEREAS, AGLC, Augusta, and the Remediation Contractor will, contemporaneously
with the execution of this Agreement, enter into a construction contract to perform the Canal
Construction; and
WHEREAS, capitalized terms used herein but not defined in this Agreement shall have
the respective meanings ascribed thereto in the General Specifications and Scope of Work for
Canal Construction; and
WHEREAS, Augusta and AGLC desire to resolve and settle between themselves the
nature and extent of remedial actions that AGLC will perform and to effect a mutual settlement
and release in exchange for the mutual promises and covenants hereinafter set forth;
NOW, THEREFORE, for and in consideration of the mutual promises and obligations
set forth herein, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, and intending to be legally bound hereby, the parties to this
Agreement do hereby agree upon the following terms and conditions:
1. Access.
a. Augusta authorizes AGLC and its authorized agents and representatives,
including the Remediation Contractor, to enter upon the Augusta Property
to conduct the remedial action as described in the portions of the BDWP
and the CAP, to the extent that the CAP was not amended by the BDWP,
applicable to the Augusta Property, and that certain letter from AGLC to
Augusta, dated November 25, 2003, attached hereto as Exhibit "E," plus
any other activities necessary or desirable in the discretion of AGLC to
implement the CAP or BDWP or otherwise to comply with the GEPD
Orders (the "Remediation and Restoration Work").
b. Augusta further authorizes AGLC and its authorized agents and
representatives, including the Remediation Contractor, to enter upon the
Augusta Property to conduct additional excavation of impacted materials
to designated grades in order to achieve Augusta's desired canal profile as
well as removal of such impacted materials and restoration of the
excavated areas consistent with the applicable regulatory requirements
("Additional Remediation Work").
c. Upon completion of the ISCO Pilot Study being conducted by AGLC on
its property known as the "Western Parcel," Augusta shall have the right
to review and comment upon the results of the ISCO Pilot Study and the
corresponding application of the ISCO Process to the Augusta Property;
provided, however, that Augusta will conduct its review and comment of
the results in a timely manner so as not to delay implementation of the
BDWP. If, upon such review, Augusta is not satisfied with the results of
the ISCO Pilot Study, Augusta may present any and all related concerns
directly to GEPD.
d. AGLC shall conduct long-term monitoring of the Augusta Property as
required by the GEPD Orders. Augusta shall provide access to AGLC to
2
the Augusta Property after completion of the Remediation and Restoration
Work as hereinafter provided, after providing notice to Augusta and an
opportunity for Augusta to observe any and all such monitoring.
e. In consideration of Augusta's grant of this license and performance of its
other obligations in this Agreement, and in accordance with the provisions
set forth in the Construction Contract, AGLC will reimburse Augusta as
follows:
(1) Construction Contingencv Work. AGLC will reimburse Augusta
for one-third of the costs of performing the Contingency Work up to a
maximum aggregate payment by AGLC of $250,000, to be paid as
follows: AGLC shall reimburse Augusta one-third of each Application for
Payment submitted to Augusta by Remediation Contractor for said work
for an amount not to exceed $250,000.
(2) CSX Expenses. AGLC will reimburse Augusta for the costs of
CSX Expenses up to a maximum aggregate payment of $150,000, to be
paid as follows: AGLC shall reimburse Augusta one-half of its portion of
CSX Expenses up to a total of$100,000; thereafter AGLC shall reimburse
Augusta one-third of the CSX Expenses up to a maximum of $50,000.
(3) Upon receipt of a written notice (with a copy ofthe Application for
Payment included) from Augusta that Augusta has approved Contractor's
Application for Payment for either Contingency Work or CSX Expenses,
AGLC will remit the approved amount to Augusta within ten (10) days
from receipt of said notice.
2. AGLC's Obligations.
a.
In combination with and/or after AGLC's performance ofthe Remediation
and Restoration Work and Additional Remediation Work, AGLC will
assure that portions of the Hydraulic Plan prepared by Cranston,
Robertson and Whitehurst and dated May, 1999 are implemented to the
extent set forth in that certain Construction Contract by and among AGLC,
Augusta and Contractor, entered into contemporaneous to the execution of
this Agreement. AGLC will conduct the Remediation and Restoration I
Work and Additional Remediation Work in a manner so as to minimize, to
the extent reasonably possible, interference with Augusta's use of the
Augusta Property.
01
I
b.
AGLC will clean up the portions of Walton Way and 8th Street, as
descIjbed in the BDWP, to a Type 4 Risk Reduction Standard under the
Georgia Hazardous Site Response Act.
3
c. AGLC will restore the Augusta Property as set forth in the BDWP.
Notwithstanding the preceding sentence, groundwater monitoring wells
may remain on the Augusta Property as required by the GEPD Orders.
d. All soil, water, spent supplies and other waste materials resulting from the
Remediation and Restoration Work and Additional Remediation Work are
AGLC's responsibility and AGLC will ensure that such materials are
handled and disposed of in accordance with applicable law, regulations,
and procedures.
e. The Remediation and Restoration Work shall be performed in accordance
with the standards practiced by reputable professionals in the
environmental consulting, engineering and remediation disciplines and
profession.
f. AGLC will ensure that the Remediation and Restoration Work and
Additional Remediation Work are performed in compliance with all
applicable laws, rules, and regulations and will obtain all permits
necessary for the conduct of the Remediation and Restoration Work and
Additional Remediation Work and for the handling and transport of waste
materials and other residuals, including any and all permits necessary for
the hydraulic improvement work and related environmental
documentation and historical clearances.
g. AGLC . will contact the relevant utility communications system(s) and
locate utilities on the Augusta Property prior to any invasive work on the
Augusta Property.
h~ AGLC shall ensure that, as respects the Augusta Property, its contractors,
including the Remediation Contractor, maintain commercial general
liability and property damage insurance with a combined single limit
coverage of not less than $2,000,000.00.
1. Future Discovered or Regulated Impacts.
(i) Augusta acknowledges and agrees that GEPD's approval of the
BDWP is based in part on the fact that the Augusta MGP site is
regulated jointly under Georgia's Hazardous Waste Management
Act and Hazardous Site Response Act, and therefore. the Augusta
Property will be remediated in accordance with the portions of the
BDWP applicable to the Augusta Property. Augusta expressly
understands and agrees that MGP Constituents will remain in, on,
or under the Augusta Property after implementation of the
Remediation and Restoration Work, that the presence of such
materials is acceptable to Augusta, and that AGLC has no liability
4
for such impacts or any duty to remediate such impacts except as
specifically set forth in this Paragraph 2.i.
(ii) Notwithstanding the foregoing, AGLC agrees that it will, solely at
its own expense, remediate all future discovered or regulated MGP
Constituents on the Augusta Property in accordance with
applicable requirements of GEPD or the U.S. Environmental
Protection Agency, as now or hereafter enforced ("Additional
Cleanup Requirements"). To the extent AGLC conducts future
c~eanup activities to satisfy Additional' Cleanup Requirements,
such cleanup activities shall be deemed "the Remediation and
Restoration Work" for purposes of this Agreement.
(iii) The Parties expressly understand and agree that impacts on the
Augusta Property within the following categories are excluded
from AGLC's Additional Cleanup Requirements and that AGLC
shall have no liability for such impacts, except as GEPD, the U.S.
,Environmental Protection Agency ("EP A"), the Occupational
Safety and Health Administration ("OSHA"), or other state or
federal regulatory agencies may- specifically require additional
cleanup requirements or specifically impose special materials
handling requirements for the Augusta Property:'
(l) MGP Constituents or their degradation products that
remain in soil after treatment with in-situ chemical
oxidation;
(2) MGP Constituents in soil or sediment that are below those
that pose a risk to human health or the environment
according to applicable regulatory means of evaluation
such risks or otherwise would not require cleanup under
applicable regulatory standards;
(3) MGP Constituents in groundwater; and
(4) All MGP Constituents that are permitted to remain in place
as provided for in the BDWP.
(iv) In the event that Augusta discovers materials that Augusta believes
to be MGP Constituents in, on, or under the Augusta Property,
and/or discovers impacts that Augusta believes are subject to
AGLC's "Additional Cleanup Requirements" as set forth III
Paragraph 2.i(ii) above, Augusta shall proceed strictly III
accordance with the following procedures.
5
(1) Augusta shall notify AGLC promptly upon the discovery of
any materials that Augusta contends are subject to AGLC's
Additional Cleanup Requirements;
(2) Augusta will take all steps reasonably available to mitigate
further the costs or losses of itself or its contractors, as such
may be subject to the indemnity provisions of Paragraph 5
herein, while AGLC determines whether the materials are
MGP Constituents, whether they are subject to AGLC's
Additional Cleanup Requirements, and what manner of
action best satisfies AGLC's Additional Cleanup
Requirements;
(3) If AGLC determines that it has Additional Cleanup
Requirements as set forth herein, Augusta shall permit
AGLC, to assume control of any ongoing activities to the
extent necessary for AGLC to satisfy the Additional
Cleanup Requirements, and Augusta shall assist AGLC as
necessary in that regard.
3. Scope of Canal Construction. AGLC will assure that the General Specifications
and Scope of Work for the Canal Construction, attached as Exhibit "C," is
implemented according to the terms of the Construction Contract.
4. Augusta's Obligations.
a. To the extent Augusta does not already own the entirety of the Augusta
Property, Augusta will timely acquire or provide access to the appropriate
portions of the non-owned parcels.
b. At AGLC's request, Augusta will notify AGLC of any condition of the
Augusta Property of which Augusta has actual knowledge and that may
threaten work on the Augusta Property, and shall expend all reasonable
efforts to minimize Augusta's interference with the work.
c. Subject to the requirements of Paragraph 2(t) above, Augusta hereby
authorizes AGLC and its contractors, including the Remediation
Contractor, to erect temporary barricades or fences to prevent
unauthorized persons from entering or drawing near areas where work is
occurring that involves the use of equipment or that could be disturbed or
interfered with by third parties.
d. Subject to the requirements of Paragraph 2(t) above, Augusta hereby
authorizes AGLC and its contractors, including the Remediation
Contractor, to cordon off an area in the vicinity of the equipment used to
perform the Work as such equipment moves about the Augusta Property.
6
e. Augusta understands and agrees that signs, notices, or placards may be
placed indicating that the activities occurring or the substances present at
the Augusta Property are dangerous, hazardous, or subject to regulation.
f. Augusta understands and agrees that all work will necessarily involve the
use of heavy equipment and other machinery, as well as access by vari.ous
delivery and other vehicles. While operations are anticipated to be noisy,
AGLC will require the Remediation Contractor to comply with Augusta's
noise ordinance governing construction operations, ARC Code of
Ordinances, Title 3, Ch. 3-6-2(j).
g. Augusta understands and agrees that work may take place on weekdays,
weekends or both, but AGLC shall cooperate with Augusta to minimize
disruption to the public and Augusta's operations.
h. Augusta will enforce any and all of Augusta's obligations in the
Agreement against all tenants and subtenants of the Augusta Property to
ensure full compliance with this Agreement.
1. Augusta will take reasonable steps to assure that groundwater below
Walton Way, 8th Street and Taylor Street as shown on Exhibit "D,"
attached hereto, will not be used for any purpose.
J. Augusta will take reasonable steps to assure that the restoration elements
within the Canal Property remain intact or, that if said restoration elements
are removed or destroyed, they will be restored as soon as practical to their
original conditions. For purposes of this Paragraph 4(j), "Canal Property"
shall mean the length and width of the Third-Level Canal that is currently
owned in fee simple by Augusta, is acquired pursuant to Paragraph 4(a)
hereof, or on which Augusta has an easement.
5. Indemnification and Release.
a. AGLC agrees that it is responsible for the conduct of the Remediation and
Restoration Work and the Additional Remediation Work and for the
performance of AGLC's other obligations under this Agreement; that it
will bear all costs and expenses thereof; and that Augusta does not have
any responsibility or liability for the Remediation and Restoration Work
and the Additional Remediation Work or for any losses, costs, expenses,
liabilities, or damages as part thereof or resulting therefrom except as
specifically provided in this Agreement. AGLC further agrees that AGLC
will fully indemnify, defend and hold harmless Augusta, from and against
any and all claims, suits, damages, liabilities, judgments, fines, attorneys'
fees, penalties, losses, costs or expenses arising out of or caused by:
(i) the performance of the Remediation' and Restoration Work and
Additional Remediation Work; (ii) assessment, investigation, management
and clean-up of MGP Constituents as required by GEPD, EP A, OSHA, or
7
other state or federal regulatory agencies; (iii) the presence of MGP
Constituents on the Augusta Property that results in a third party claim;
(iv) the breach of any covenant by AGLC contained in this Agreement; (v)
Additional Cleanup Requirements; or (vi) Augusta's successful
enforcement of this indemnity. Notwithstanding the foregoing, to the
extent Augusta breaches or deviates from its obligations under this
Agreement, then Augusta understands and agrees that AGLC shall have
no responsibility for any liabilities, costs, losses, or expenses suffered by
Augusta as a result of such breach or deviation. AGLC shall have no
obligation to indemnify, defend or hold harmless Augusta against liability
for damages arising out of bodily injury to persons or damage to property
to the extent caused by or resulting from the gross negligence or willful
misconduct of Augusta, or its agents or employees.
b. In exchange for AGLC's performance of the Remediation and Restoration
Work and Additional Remediation Work, and the other covenants and
agreements stated in this Agreement specifically, including the
indemnities stated above, and in exchange for the Construction Contract to
be entered into contemporaneously herewith, and in exchange for payment
by AGLC of $250,000, the receipt of which is hereby acknowledged,
Augusta hereby unconditionally waives, releases, acquits and forever
discharges AGLC, its respective officers, directors, partners, shareholders,
employees, agents, representatives, successors, predecessors and affiliates,
of and from any and all claims, actions, causes of action, demands, rights,
damages, costs, expenses, rights of contribution or compensation
whatsoever, direct or indirect, known or unknown, foreseen or unforeseen,
that Augusta now has or that may arise in the future on account of or in
any way related to or in connection with any past or present physical
characteristics or conditions relating to or associated with the presence of
any MGP Constituents in, on, or under the Augusta Property. Without
limiting the generality of the foregoing, this release specifically includes
all claims that were made or could have been made in Augusta. Georf!ia v.
Atlanta Gas Light Companv, Superior Court of Richmond County, Civil
Action, File No. 2003-RCCV -649, which action Augusta agrees to. dismiss
with prejudice. Augusta does further covenant not to sue or otherwise seek
recourse against AGLC, its respective officers, directors, partners,
shareholders, employees, agents, representatives, successors, predecessors
and affiliates on any such claim, demand, action, cause of action, suit,
liability, indebtedness, duty, obligation or responsibility herein released.
c. In excpange for Augusta's performance of Augusta's obligations and the
other covenants and agreements stated in this Agreement, and in exchange
for the Construction Contract to be entered into contemporaneously
herewith, AGLC hereby unconditionally waives, releases, acquits and
forever discharges Augusta, its respective agents and representatives of
and from any and all claims, actions, causes of action, demands, rights,
8
damages, costs, expenses, rights of contribution or compensation
whatsoever, direct or indirect, known or unknown, foreseen or unforeseen,
that AGLC now has or that may arise in the future on account of or in any
way related to or in connection with any past or present physical
characteristics or conditions relating to or associated with the Augusta
Property. Without limiting the generality of the foregoing, this release
specifically includes all claims that AGLC has, has had, or may have
against Augusta for contribution or cost recovery for the expenses of
investigating or remediating the Augusta Property, including the Third
Level Canal. AGLC does further covenant not to sue or otherwise seek
recourse against Augusta, its respective representatives and agents on any
such claim, demand, action, cause of action, suit, liability, indebtedness,
duty, obligation or responsibility herein released.
6. No Admission of Liability. Augusta agrees that AGLC, by conducting the work
described herein, does not admit to any liability or responsibility for any condition
of the Augusta Property.
7. Rights Against Third Parties. Except for those parties subject to the release
provisions of Paragraphs S(c) and Sed) above, Augusta and AGLC will each have
and retain any rights or remedies under environmental law, at law or in equity,
against any third party that may have caused, contributed to or in any manner be
responsible for any contamination present on the Augusta Property or the MGP
Constituents on, in, about, or under the Augusta Property. Augusta and AGLC
will cooperate with each other in pursuing any such rights and remedies in
connection with any claim or litigation against such third parties and will execute
and deliver such further documents as the other party may reasonably request
relating thereto.
8. Venue. All claims, disputes and other matters in question between Augusta and
AGLC arising out of or relating to this Agreement, or the breach thereof, shall be
decided in the Superior Court of Richmond County, Georgia. Both parties, by
executing this Agreement, specifically consent to venue in Richmond County and
waive any right to contest the venue in the Superior Court of Richmond County,
Georgia.
9. Notices. All notices, certificates, or other communications hereunder will be
sufficiently given and will be deemed given when delivered by hand, courier, or
registered or certified mail, postage prepaid, addressed as follows:
If to Augusta: Mayor Bob Young
Room 806 Municipal Building
Augusta, Georgia 30911
9
Mr. George Kolb
Administrator
Room 801 Municipal Building
Augusta, Georgia 30911
With a copy to:
Ms. Teresa Smith
Public Works and Engineering Department
530 Greene St., Room 70 I
Augusta, Georgia 30911
And to:
James B. Wall, Esq.
Attorney for City
P.O. Box 2125
Augusta, Georgia 30903
lito AGLC: Paul R. Shlanta, Esq.
Attn: Senior Vice President and General Counsel
AGL Resources Inc.
Ten Peachtree Place
Location 1465
Atlanta, Georgia 30309
With a copy to:
Carol R. Geiger, Esq.
McKenna Long & Aldridge, LLP
303 Peachtree Street, N.E., Suite 5300
Atlanta, Georgia 30308
Augusta and AGLC may designate any further or different addresses to which subsequent
notices, certificates or other communications will be sent.
10. Facsimile as Writing. The parties expressly acknowledge and agree that,
notwithstanding any statutory or decisional law to the contrary, the printed
product of a facsimile transmittal will be deemed to be "written" and a "writing"
for all purposes of this Agreement.
11. Assignment. The rights of the parties under this Agreement are personal and may
not be assigned without the prior written consent of the parties hereto. Subject to
the foregoing, this Agreement will be binding upon and enforceable against, and
will inure to the benefit of the parties hereto and their respective heirs, legal
representatives, successors and permitted assigns.
12. Headings. The use of headings, captions, and numbers in this Agreement is solely
for the convenience of identifying and indexing the various provisions in this
10
Agreement and will in no event be considered otheIWise III construing or
interpreting any provision in this Agreement.
13. Severability. If any term, covenant, condition or provision of this Agreement, or
the application thereof, to any person or circumstance, will ever be held to be
. invalid or unenforceable, then in each such event the remainder of this Agreement
or the application of such term, covenant, condition or provision to any other
person or any other circumstances (other than those to which it will be invalid or
unenforceable) will not be hereby affected and each term, covenant, condition and
provision hereof will remain valid and enforceable to the fullest extent permitted
by law.
14. Non-Waiver. Failure by any party to complain of any action, non-action or
breach of any other party will not constitute a waiver of any aggrieved party's
rights hereunder. Waiver by any party of any right arising from any breach of any
other party will not constitute a waiver of any other right arising from a
subsequent breach of the same obligation or for any other default, past, present or
future.
15. Rights Cumulative. All rights, remedies, powers and privileges conferred under
this Agreement on the parties will be cumulative of and in addition to, but not
restrictive of or in lieu of, those conferred by law.
16. Exhibits. Each and every exhibit referred to or otheIWise mentioned in this
Agreement is and will be construed to be made a part of this Agreement by such
reference.
17. Applicable Law. This Agreement will be governed by, construed under and
interpreted and enforced in accordance with the laws of the State of Georgia.
18. Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the subject matter hereof and all representations, warranties,
inducements, promises or agreements, oral or otheIWise, between the parties not
embodied in this Agreement will be of no force or effect.
19. Modifications. This Agreement will not be modified or amended in any respect
except by written agreement by the parties in the same a manner as this
Agreement is executed.
20. Counterparts. This Agreement may be executed in several counterparts, each of
which will be deemed an original, and all such counterparts together will
constitute one and the same instrument.
21. Authority. Each party hereto warrants and represents that such party has full and
complete authority to enter into this Agreement and each person executing this
Agreement on behalf of a party warrants and represents that he has been fully
authorized to execute this Agreement on behalf of such party and that such party
is bound by the signature of such representative.
11
IN WITNESS WHEREOF, the parties, intending legally to be bound, have caused this
Agreement to be signed as of the Effective Date first set forth above.
AUGUSTA, GEORGIA, a political
SUbdi~t~:or~
By: ~t. (" ......7
Title: ~ 0 ~
Attest: #4~
Title ~!M
ATLANTA GAS LIGHT COMPANY, a
Georgia Corporation
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Exhibit "C"
GENERAL SPECIFICATIONS AND SCOPE OF WORK
FOR CANAL CONSTRUCTION
I. General Premises and Intent for Canal Construction.
A. General Description of Canal Construction. In connection with the
required performance of certain Remediation and Restoration Work within
the designated portions of the Augusta Third Level. Canal (the "Canal"),
Owner desires, contemporaneously therewith, to perform certain civil and
infrastructure improvement work therein (the "Civil Work"). This Civil
Work is generally described in the "Augusta Canal Third Level
Improvement Study" prepared for Owner by Cranston, Robertson &
Whitehurst, P.C., dated May, 1999 (the "Hydraulic Plan"). Performance
of this Civil Work necessarily requires the performance of additional
remediation and restoration work, specifically additional excavation of
impacted materials to designated grades in order to achieve Owner's
desired canal profile (the "Additional Remediation Work"). The
Additional Remediation Work, which Contractor will perform first, and
the Civil Work, are hereinafter collectively referred to as the "Canal
Construction. "
B. Performance of Canal Construction. This is a designlbuild project by the
Contractor consistent with the Hydraulic Plan. Contractor shall perform
all Canal Construction in accordance with the respective governing
contract documents for each portion of such work. All time periods and/or
limitations set forth herein are intended to represent calendar days, unless
expressly stated otherwise.
C. Intent. It is the express understanding and intent of the parties that,
unless otherwise indicated in the contract documents, Contractor shall
have the sole right to determine the means, methods and techniques and
safety requirements for performing this work. These General
Specifications and Scope of Work for the Canal Construction (hereinafter
the "Specifications") are intended to describe the Canal Construction in
conjunction with the Remediation and Restoration Work, such that all of
this work is performed in accordance with the EPD approved Basis of
Design Work Plan, the Hydraulic Plan, and generally accepted and
applicable sound engineering and construction principles. Certain terms
and terminology utilized throughout these Specifications shall have the
same meaning as similar terms used in the documents comprising the
Construction Contract and/or the Remediation Services Agreement, except
as otherwise provided herein. The Specifications and the Drawings are
complementary; that which is called for by one shall be called for by all.
If there are any material design and/or scope inconsistencies between these
Specifications and the Drawings, these Specifications shall govern and
control.
1
II. Design of Canal Construction.
A. Design Responsibility. Contractor shall be responsible for developing
drawings detailing the design and implementation of the Canal
Construction. Contractor shall prepare and submit these drawings to
Owner, with a copy to AGLC for corresponding review and approval, or
comment, as set forth herein.
B. Design Drawings and Supplemental Details.
1. Design Drawings. All design drawings must be prepared and
stamped by a registered professional engineer for the Contractor,
with timely review and comment by Owner's registered
professional engineer, as more particularly set forth below..
2. Preparation by Contractor.
a. 70% Design Drawings. Prior to the Effective Date of the
Construction Contract, Contractor prepared and submitted its
Phase 3 - 70% Design Drawings; Site Plan Package for
Augusta Third Level Canal; Atlanta Gas Light Company;
Augusta, Richmond County, Georgia (the "70% Design
Drawings") to AGLC and Owner for review and comment.
The 70% Design Drawings are intended to conceptually show
the Civil Work, consistent with the Hydraulic Plan. Both
Owner and AGLC reviewed and provided corresponding
comments to Contractor prior to execution of the Construction
Contract. Contractor shall incorporate into the 100% Design
Drawings (defined below) all agreed upon revisions,
comments, etc. to such drawings as a result of the foregoing
review by AGLC and Owner. Table "I", which is attached to
these Specifications, contains a list of all drawings and tables
contained within the 70% Design Drawings. All drawings
specifically referenced by number within these Specifications
refer to the corresponding 70% Design Drawing;
b. 100% Design Drawings. For all Canal Construction, except
the CSX Crossing, Contractor shall prepare and submit for
review and approval by Owner and AGLC, 100% Design
Drawings, such review and approval rights being more
particularly set forth in Section II.C (1 through 3), below;
c. CSX Crossing. Contractor's licensed and CSX approved
design professional shall prepare and submit detailed design
drawings for the construction of the CSX approved crossing.
Owner shall be permitted to review this design prior to
2
Contractor's submission to CSX, as more particularly set forth
in Section II.BA.d, below.
3. Supplemental Details. Prior to the Effective Date of the
Construction Contract, Contractor prepared and submitted to
AGLC and Owner a bound package of Supplemental Details for
Canal Construction (the "Supplemental Details"), which provide
the following additional information related to design and
construction of certain key portions of the Civil Work:
a. Photographic Documentation of existing impacted structures
and the anticipated appearance of the corresponding
replacement structures; and
b. Manufacturer's Specifications and Drawings for all
prefabricated andlor pre-constructed components to be used in
the Civil Work, including, but not necessarily limited to: i)
roller gates ("CICS Gates"), actuators, and controllers
(induding control panel schematics) for the Canal Inlet Control
Structure ("CICS"); ii) prefabricated and/or pre-cast concrete
components for the new bridge construction (8th Street and
Walton Way bridges); iii) pre-constructed box culverts to be
installed at the 9th StreetlFenwick Street Intersection; and iv)
typical details for head walls, retaining walls, grass slopes,
inlets, ditch paving and curb details.
4. 100% Design Drawings for Canal Construction.
a. Reach D - CICS. Not later than sixty (60) days before starting
construction of this structure, Contractor will revise its 70%
Design Drawing for this structure (Drawing No. 882S) to
include structural detailing of the foundation and fixed column
supports for the CICS Gates. As described in Section II.B.2.b
above, Contractor has also provided Supplemental Details to
Owner, which detail manufacturers' specifications for the CICS
Gates, actuators, and controllers. Upon Contractor's
submission of these 100% Design Drawings, Owner shall have
the right to review and confirm: i) the structural integrity of
this component; ii) compliance with the Hydraulic Plan; and,
iii) that the appearance of this structure is consistent with
applicable Supplemental Details. Owner must complete its
review within thirty (30) days from corresponding receipt
thereof;
3
b. Reach E - New Bridge Construction. Drawing. Nos. 820S (8th
Street Bridge) and 840S (Walton Way Bridge) presently show
the new bridge construction that Contractor will perform. As
described in Section II.B.2.b above, Contractor has also
provided Supplemental Details to Owner for both of these
bridges. Not later than sixty (60) days before starting
demolition of existing bridges , Contractor will provide 100%
Design Drawings for both of the new. bridge structures to
Owner. Upon receipt, Owner shall have the right to review
these 100% Design Drawings to confirm: i) the structural
integrity of these improvements; ii) compliance with the
Hydraulic Plan; and, iii) that the appearance of each structure is
consistent with applicable Supplemental Details. As part of
these submittals, Contractor will also provide information to
Owner sufficiently indicating that it will construct the bridge
superstructure (i.e. "above grade") foundations in such a way
so that Owner can install its desired amenities to the respective
bridge (e.g. brickwork) after Contractor completes the Civil
Work. Contractor will also show on these 100% Design
Drawings that it will install utility support during bridge
construction to accommodate lighting consistent with that
currently existing on these bridges. Finally, Contractor will
indicate on these 100% Design Drawings that it will pave the
bridges and corresponding approach transitions consistent with
the paving requirements detailed on Drawing No. 700S.
Design and reconstruction of the road base and paving at these
bridges and their respective approaches shall be in accordance
with applicable Georgia Department of Transportation
("GDOT") specifications and current applicable City of'
Augusta standards. If current pavement includes asphalt
overlay, Contractor shall not be required to design and
reconstruct to the present thickness, but to a thickness
sufficient to support appropriate traffic flow in accordance with
the above referenced specifications and standards. Contractor
will design and reconstruct curbs, gutters and sidewalks,
consistent with existing conditions, out of appropriately
reinforced concrete materials. If any current existing curbs,
gutters or sidewalks requiring removal are constructed out of
materials other than reinforced concrete, Contractor will design
and reconstruct these with appropriately reinforced concrete
materials. (See Supplemental Details). Owner must complete
its review of these 100% Design Drawings within thirty (30)
days from corresponding receipt thereof;
4
c. Reach F - Culvert System Under The 9th StreetfFenwick Street
Intersection. Drawing No. 860S presently shows the new
culvert system that Contractor will construct at this location.
As described in Section II.B.2.b above, Contractor has also
provided Supplemental Details to Owner for this structure. Not
later than sixty (60) days before starting demolition of the
existing structure, Contractor shall prepare and submit 100%
Design Drawings for the new culvert system. Final design of
the new culvert system shall include appropriate details for
headwall construction. Also, Contractor shall clearly indicate
on these 100% Design Drawings that culvert construction and
installation will be in accordance with applicable American
Society of Testing and Materials ("ASTM") requirements and
American Association of State Highway and Transportation
Officials ("AASHTO") specifications, and Section 513 of
current GDOT Standards (Precast Reinforced Concrete Box
Culverts, Barrel Sections and End Sections), and will include
this information for Owner's review and approval. Owner shall
be entitled to review these 100% Design Drawings to confirm
structural integrity of this culvert system and compliance with
the Hydraulic Plan. Design and reconstruction of the road base
and paving at this intersection shall be in accordance with
applicable GDOT specifications and current applicable City of
Augusta standards. If current pavement includes asphalt
overlay, Contractor shall not be required to design and
reconstruct to the present thickness, but to a thickness
sufficient to support appropriate traffic flow in accordance with
the above referenced specifications and standards. Contractor
will design and reconstruct curbs, gutters and sidewalks,
consistent with existing conditions, out of appropriately
reinforced concrete materials. If any current existing curbs,
gutters or sidewalks requiring removal are constructed out of
materials other than reinforced concrete, Contractor will design
and reconstruct these with appropriately reinforced concrete
materials. Owner must complete its review within thirty (30)
days of receipt thereof;
d. Reach F - CSX Crossing. Drawing No. 881 S generally
describes the anticipated new construction at the CSX Crossing
in this reach, although the actual design may differ, based on
review and comments by CSx. As described in Section
II.B.2.b above, Contractor has also provided Supplemental
Details to Owner for the proposed CSX Crossing structure.
Contractor will design the new crossing that will replace the
current CSX culvert in accordance with applicable CSX
specifications governing such railway crossing design and
5
construction. Design of this new crossing by Contractor's
licensed (and CSX approved) design professional shall be
reviewed and approved by CSX in accordance with the
applicable agreement between Contractor and CSx.
C. Review of Design Drawings and Resolution of Outstanding Issues.
1. Owner Review.
a. For all of the above Civil Work, except the CSX Crossing,
Owner shall review the 100% Design Drawings to confirm: i)
that the Civil Work satisfies the Hydraulic Plan; ii) the
structural integrity of the Civil Work; and, iii) that the
appearance of the Civil Work is consistent with the
Supplemental Details;
b. Before Contractor submits its CSX Crossing design to CSX,
Owner shall have the opportunity to review these design
drawings timely to confirm that the proposed structure satisfies
the applicable requirements of the Hydraulic Plan. Owner
must complete any such review within five (5) business days of
receipt thereof;
c. Owner must complete its review of these design submittals
within the time limits set forth herein. Owner's failure to
provide such review within the specified time limit shall be
deemed a waiver with respect to the specific 100% Design
Review being submitted, unless the parties otherwise agree to
in writing before the expiration of the Owner review time
period.
2. AGLC Review. AGLC shall review the 100% Design Drawings to
confirm that the foregoing Civil Work complies with the Basis of
Design Work Plan. AGLC must complete its review within the
same time limit that applies to Owner for the corresponding 100%
Design Drawing submittal, such review to run concurrently with
Owner's and not consecutively.
3. Design Disputes.
a. Between Contractor and Owner. If, after Owner has
timely reviewed the applicable 100% Design
Drawing(s), Contractor and Owner are unable to agree
as to whether or not a particular component of the Civil
Work is inconsistent with one or more of the foregoing
enumerated criteria (structural integrity, conformity
6
with Hydraulic Plan, or appearance characteristics),
such disagreement shall be deemed a "Design Dispute."
b. Between Contractor and AGLC. If, after AGLC has
timely reviewed the 100% Design Drawings,
Contractor and AGLC are unable to agree upon whether
or not a particular component of the Civil Wark is
inconsistent with the Basis of Design Work Plan, this
shall also be deemed a "Design Dispute."
c. All Design Disputes that arise after the Effective Date
of the Construction Contract shall be resolved in
accordance with the applicable requirements set forth in
the Construction Contract.
III. General Specifications for Canal Construction. The applicable Contract
Documents require Canal Construction to be performed pursuant to the following
general specifications:
A. Excavation and Grading Materials.
1. Contractor shall comply with the requirements of the "Georgia
Utility Facility Protection Act" (Chapter 9 of Title 25 of the
Official Code of Georgia Annotated) for protection of underground
utilities, including the requirement to give not less than 48 hours
notice to the Utilities Protection Center of Georgia (phone number:
1-800-282-7411).
2. Contractor shall stake excavation boundaries indicated on the
project drawings and perform initial survey with appropriate
elevations referenced to the registered benchmark NA VD '88 (the
Hydraulic Plan relied upon NGVD '29, so Contractor shall be
required to adjust accordingly).
3. Contractor shall survey to verify final horizontal limits and depths
of excavation. Contractor shall make survey data available to
Owner and AGLC throughout the work, upon request by either
party.
4. Contractor shall perform this work in a manner that does not
disturb or damage known existing structures, utilities, or other
facilities, except as necessary to perform the Canal Construction.
5. Contractor shall coordinate this work with dewatering, excavation
support and environmental controls as required.
7
6. Contractor shall erect and maintain barriers and fences around
excavations and provide appropriate safety measures during
construction.
7. Contractor will perform a final survey to document final grading
limits.
8. Contractor may excavate and stockpile for reuse, in other areas
where backfill is required, those soils not exceeding Type 2
Residential Risk Reduction Standard, so long as such soils meet
the backfill requirements for structural or common fill.
B. Utilities.
1. General Location of Existing Utilities (Drawing Nos. 170C
through 175C). Owner will provide all known available
information to the Contractor for the purposes of identifying and
locating existing Owner utilities (water, sanitary and storm sewer)
located within the Augusta Property that will or may be affected by
the Canal Construction. Additionally, Contractor will obtain
information on other existing utilities, including gas, telephone,
fiber optic, and television cable lines from the respective owners of
these utilities. In the event existing Owner utilities are identified to
be in non-compliance with applicable environmental, safety or
other regulations, the Contractor will notify Owner and it will be
Owner's responsibility to correct its deficiencies. Contractor will
appropriately mark all such utilities, consistent with its
corresponding obligations within the contract documents.
2. Utility Work. Contractor shall perform all utility work in
accordance with applicable specifications issued by the entity
having authority over the installation, maintenance and
preservation of the respective utility (see Drawing Nos. 500
through 506). Applicable specifications, drawings, and details
issued by the Augusta Utilities and Public Works Departments for
work to be performed on public utilities are on the Internet at
hUp:/ /augustaga. gOV /departments/p lanning zoning! dev docs.htm.
3. Sanitary Sewer.
a. Existing Sewer Lines Crossing Canal (Drawing Nos. 170C
through 175C). If necessary, after consultation with Owner,
Contractor will temporarily reroute (install a pump around
system) existing sanitary sewer lines crossing the Canal during
the Canal Construction. Design of new piping materials and
support for the sanitary sewers will be in accordance with
8
the Canal Construction. Design of new piping materials and
support for the sanitary sewers will be in accordance with
applicable public utility specifications, and will be reviewed
and approved by Owner's registered professional engineer;
b. Sewer Outfalls into Existing Third Level Canal. Owner
assumes full responsibility for capping and controlling any and
all existing direct and/or indirect sanitary sewer outfalls that
may currently be discharging into the Canal (lawfully or
otherwise), in accordance with any and all applicable laws,
rules and regulations governing such discharges. Contractor
shall timely report to Owner any such sewer outfalls that it
discovers during the course of performing the Canal
Construction.
4. Storm Sewer (Drawing Nos. 170C through 175C). Contractor
shall remove or reroute existing storm sewers in accordance with
current Owner standards. Contractor shall maintain existing storm
sewer discharge locations to the extent that Contractor deems
practicable.
C. Traffic Rerouting. Contractor shall be required to comply with Owner's
requirements, including the latest edition of the Manual of Uniform
Traffic Control Devices (MUTCD) in effect as of the Effective Date of the
Construction Contract, for rerouting of traffic flow on existing roadways
during the course of Canal Construction (see Drawing Nos. 600 through
603). Owner shall cooperate and coordinate with Contractor on any and
all street closings and traffic rerouting required as part of the Canal
Construction.
D. Historic Recordation.
1. By Contractor.
a. Prior to demolition of certain eXIstmg structures within the
Canal Reaches, and as more particularly indicated within
Section V of these Specifications, Contractor shall record for
posterity certain portions of the existing infrastructure within
the Canal Reaches. Historic recordation of such elements by
Contractor shall comply with Contractor's corresponding
obligations set forth in its Cultural Resources Survey, as
approved by the U.S. Army Corps of Engineers in the issuance
of its permit authorizing Contractor to dredge the Canal (see
Section III.D.1.c, below).
9
historically record existing structures before refurbishing or
removing and reconstructing them. These are:
1) Existing 7th Street/Twiggs Street Bridge - Reach D;
2) Existing Components of the Old Second Level Canal Gate
StructureIFoundation - Reach D;
3) Existing Walton Way Bridge - Reach E;
4) Existing 8th Street Bridge - Reach E;
5) Existing 9th StreetlFenwick Street Intersection Culvert
System - Reach F;
6) Existing 11 th Street Bridge (to the extent Contractor deems
practicable) - Reach G; and
7) Existing 12th Street Bridge - Reach H.
c. The foregoing historic recordation by Contractor shall consist
of the following actions, upon which Owner has already
agreed, which shall be consistent with applicable U.S.
Department of Interior Standards and Guidelines for
Architectural and Engineering Documentation (HABSIHAER
Standards), except as modified below:
1) Photographic Documentation. Photographically record
affected structures to archival quality standards using medium
format, black and white photographs (4" x 4"). Contractor
shall take exterior view photographs of these structures,
including views of their settings. All photographs will be
keyed to a site plan, and will be indexed according to the
subject, date photographed, photographer's name, and frame
number. Contractor will provide one set of original prints and
negatives to Owner for retention in its permanent records;
2) Measured Drawings. Contractor shall prepare measured
drawings of the affected structures that depict existing
conditions or other relevant historic features. Provide one
original set of measured drawings on Mylar film and, if
Contractor deems available, in electronic format, for each
affected structure to Owner for retention in its permanent
records; and
3) Written Data. The written history and description included
on the HABSIHAER guidelines will not be required.
2. Supplemental Historic Recordation and/or Preservation.
a. Owner has identified other locations within the affected Canal
Reaches where historic structures may exist. Likewise, Owner
believes that certain other structures within the designated
Canal Reaches have, or may have, historic significance to
10
believes that certain other structures within the designated
Canal Reaches have, or may have, historic significance to
Owner, even though they may not necessarily be called out for
such historic recordation pursuant to Section III.D.l, above.
As such, during the course of performing the Canal
Construction within the Canal Reaches, Contractor shall make
its independent cultural resources/archaeological consultant
available on a routine basis, to assess those structures that
Contractor uncovers, for their respective historical significance,
if any. Contractor shall notify Owner and AGLC prior to each
such contact with and corresponding assessment by its
independent consultant so that, if they desire, either party may
accompany Contractor's independent consultant on such
assessment. If the independent consultant determines that a
particular structure does have historic significance, Contractor
shall timely notify Owner of this fact, at which time Owner
may decide to historically record or otherwise preserve such
structure( s ).
b. In addition to the foregoing, and not later than five (5) days
after Contractor completes clearing and grubbing work within
any of the Canal Reaches, Owner, Professional, Contractor and
Contractor's independent consultant, and AGLC (if it so
desires), shall conduct a "walk-down" assessment of the
affected Canal Reaches, to identify any additional existing
structures that Owner may desire to historically record prior to
the remaining Canal Construction.
c. Upon notice from Owner of additional structures identified
under either Section a. or b., above, Contractor will historically
record such structures consistent with the recordation actions
set forth in Section III.D.1.e, above. If Owner desires to
perform any additional historic recordation and/or preservation
above and beyond that which Contractor will perform, it may
do so, provided that it will be responsible for all additional
costs of such recordation and/or preservation, and it must
conduct such efforts in a manner that will not umeasonably
interfere with Contractor's performance of the remaining Canal
Construction.
d. Under no circumstances shall any supplemental historic
recordation be allowed to umeasonably interfere with
Contractor's performance of the remaining Canal Construction.
Further, Owner shall be responsible for any and all costs of
restoration of all of the historic structures, the restoration of
which (if any) shall be performed after completion of Canal
11
Construction in the immediate vicinity, and so long as such
work does not interfere with Contractor's obligation to perform
other Canal Construction work or Remediation and Restoration
Work.
IV. Specifications for Civil Work. In addition to the general specifications for the
overall Canal Construction set forth in Section III, above, the Civil Work
component of the Canal Construction shall be performed in accordance with the
following specifications:
A. Canal Channel Materials - All Reaches.
1. Concrete Canal Liner. All concrete materials shall be new and of
good quality. Canal Liner shall be designed and constructed so as
to conform to applicable American Concrete Institute ("ACI"),
ASTM and GDOT standards, and with sound engineering and
construction practices. Contractor shall require its registered
professional engineer to design the liner with the following
minimum criteria: i) base and wall thicknesses at a minimum of 5
inches and 8 inches, respectively (see Typical Section at Drawing
712C); ii) steady-state flow; iii) rapid drawdown; iv) cantilever
action; v) maintenance vehicle support (maximum of 3000 lbs. per
wheel); vi) and flotation, as applicable.
2. Erosion Control at Storm Sewer Outfalls. Contractor will apply
concrete flumes, rip-rap, or similar appropriate hydraulic energy
dissipaters, below storm sewer outfalls at Canal bank locations
receiving grass coverings. Contractor shall incorporate these final
erosion control measures into the 100% Design Drawings for
Owner's review and approval.
3. Grass/Seeding. Contractor will establish a uniform stand of grass
as final covering of Canal banks (except where otherwise
required), by applying hydromulchlhydroseeding, with the seed
mix to be determined by mutual agreement of Contractor and
Owner.
B. CICS - Reach D.
1. The CICS is intended to provide a means to retain water in the
Canal between the CICS and the existing 12th Street gates.
Contractor shall install the CICS just east of the old Second Level
Canal inflow near King Street (subject to existing conditions) (see
generally Drawing No. 882S)). The CICS Gates will be designed
to rise above the design high water surface elevation for the design
storm specified in the Hydraulic Plan.
12
2. The CICS will consist of two (2) overflow type roller gates and
associated appurtenances. Contractor shall set the gates in
prefabricated charmels of equal width to allow for a design finish
and design flow width of net 40 ft. along the Canal bottom at the
location of this structure. The threaded stems of the gates will be
operated by tandem actuators and motors to synchronize the lifting
and lowering of the gates.
3. Contractor will construct cast-in-place concrete abutments on each
side of the gates with a center column completing the CICS.
4. Contractor will construct an expanded metal grating walkway with
appropriate handrails sparming the Canal width across the top of
the CICS to facilitate access to the actuators, motors and control
panel (see Drawing No. 882S and Supplemental Details).
C. Bridgework - Reaches D, E, F and G.
1. Bridge Refurbishment. This work is defined to include
construction of wing walls to charmel flow upstream and
downstream of the 7th Street/Twiggs Street Bridge (see
Supplemental Details), and to install concrete floors (if not already
present) under both the 7th Street/Twiggs Street and 11th Street
Bridges. Owner acknowledges and accepts the fact that Bridge
Refurbishment work anticipated by these Specifications will not
fully satisfy the Hydraulic Plan;
2. New Bridges. New bridges will be prefabricated reinforced
concrete structures or other approved component structures, of the
size and dimension to accommodate the design Canal width. Such
bridges shall be designed, manufactured and erected in accordance
with all applicable government rules and regulations, including
applicable GDOT regulations governing the construction of
roadway bridges. All prefabricated bridge components shall be
constructed in accordance with applicable industry standards and
erected in accordance with manufacturer's specifications;
3. New CSX Crossing. Any and all prefabricated railway crossing
components shall be constructed in accordance with applicable
industry standards and erected in accordance with manufacturer's
specifications.
D. Culvert System - Reach F. The new box culvert system will be
prefabricated reinforced concrete structures of the size and dimension
shown on the Drawings. (See Drawing No. 860S). Each new box culvert
13
will be fabricated in conformance with applicable ASTM and AASHTO
standards, and installed in accordance with applicable GDOT standards.
V. Scope of Canal Construction (By Canal Reach). The Canal Construction
encompasses that portion of the Augusta Third Level Canal located between the
first railroad trestle south/southeast of the 7th Street/Twiggs Street Bridge and
extends north/northwest to 12th Street, comprising Canal Reaches C through H
(see generally Drawing No. OOSC). Canal Construction shall also include
excavation and grading work necessary to achieve the Canal profile per the
Hydraulic Plan. The [mal grade of the Canal bank slopes is 2: 1, to the extent
practicable, and except at transition sections and as may otherwise be mutually
agreed upon by Contractor and Owner, or their respective designated
representatives, in the field. The Canal Construction is more particularly
described within each of the affected Canal Reaches as follows:
A. Reach C - South/Southeast of 7th StreetlTwiggs Street. In that portion of
the Augusta Property between 7th Street/Twiggs Street proceeding
south/southeasterly 460 ft. to the existing railroad trestle (Drawing No.
100C), Contractor shall perform the following work:
1. Clearing and Grubbing. Clear existing vegetation, brush and trash
from this reach;
2. Excavation and Finish Grading. Excavate non-impacted material to
120.5 ft. MSL at the existing railroad trestle (Drawing Nos. 180C
and 190C), with finish grading to 122.0 ft. MSL at the 7th
StreetlTwiggs Street Bridge (see Drawing Nos. 180C, 190C and
452C), so long as such work does not materially compromise the
Contractor's overriding obligation, at this specific location, to
maintain the existing structural integrity of either the existing
bridge or the mid-City sewer interceptor line. Excavate this Canal
reach sufficiently to achieve the desi~ finish width of 40 ft. along
the Canal bottom, from the 7 /Twiggs Street Bridge to
approximately 200 ft. south/southeast thereof. From this point,
transition the Canal bottom width to the current cross section at the
existing railroad trestle. Slope the Canal banks and transition into
existing slopes, as Contractor deems necessary, and in accordance
with sound engineering and construction practices, in order to
achieve the corresponding design Canal cross section;
3. Canal Channel Materials:
a. New Concrete. Place a 40 ft. wide concrete Canal channel
along the Canal bottom, from 7th StreetlTwiggs Street to
approximately 200 ft. south/southeast of the 7th Street/Twiggs
Street Bridge, with concrete walls of varying height (minimum
14
of 3.5 ft. high, except for transitions at end sections (see
Typical Section on Drawing No. 712C));
b. New Vegetative Materials. From 200 ft. south/southeast of the
7th Street/Twiggs Street Bridge, transition the Canal bottom
with erosion resistant materials to a vegetated channel
continuing approximately 260 ft. south/southeast to the existing
railroad trestle.
B. Reach D - ih Street/Twiggs St. to Sth Street. In that portion of the
Augusta Property from 7th Street/Twiggs Street to Sth Street (Drawing No.
I01C), Contractor shall perform the following work:
1. Additional Remediation Work:
a. Clearing and Grubbing. Clear existing vegetation, brush and
trash from this reach;
b. Excavation. Excavate impacted material (unsaturated and
saturated zone) and non-impacted material to 119.5 ft. MSL at
7th Street/Twiggs Street (Drawing Nos. lS0C, 190C, and 452C)
or as limited by existing bridge foundation and existing mid-
City sewer interceptor line. Excavate to 120.0 ft. MSL at high
point near King Street (Drawing Nos. ISOC, 190C and 456C),
then excavate to I1S.5 MSL at Sth Street (Drawing Nos. IS1C
and 191 C). Excavate this Canal reach sufficiently to achieve
the design finish width of 40 ft. along the Canal bottom. Slope
the Canal banks, as Contractor deems necessary, and in
accordance with sound engineering and construction practices,
in order to achieve the corresponding design Canal cross
section.
2. Civil Work:
a. Finish Grading and Canal Channel Materials. Grade this reach
to achieve a finish grade of approximately 122.0 ft. MSL at 7th
Street/Twiggs Street (Drawing Nos. lS0C, 190C and 452C),
then finish grading to approximately 122.5 ft. MSL at the
Canal high point near King Street (Drawing Nos. lS0C, 190C,
and 456C), and then finish grading to approximately 120.S ft.
MSL at Sth Street (Drawing Nos. lSlC, 191C, and 460C).
Place a 40 ft. wide concrete channel along the Canal bottom
with minimum 3.5 ft. high walls, adjusted in height to account
for existing remaining inflow pipes, bridges and other abutting
structures (See Typical Section at Drawing No. 7l2C);
15
b. Bridgework. Retrofit existing 7th StreetlTwiggs Street Bridge
to include construction of wing walls (see Supplemental
Details) to channel flow upstream and downstream of the
Bridge. Install concrete floor under this bridge (if not already
existing);
c. Right-of-Way. Restore the 7th StreetlTwiggs Street right-of-
way;
d. CICS.
I) Historic Recordation. Historically record existing surface
and subsurface elements of the remaining Second Level gate
structures and appurtenances adjacent to the new CICS, as set
forth in Section III.D.I.c, above;
2) New Structure. At the Second to Third Level Canal
intersection located in this reach (approximately 3,730 ft.
south/southeast of the existing 12th Street gates), construct the
CICS in such a manner as to regulate the re-watering of the
Canal with existing means, and in accordance with the
specifications previously set forth herein. (See Supplemental
Details).
e. Utilities. Support and protect or, if Contractor deems
necessary, remove, pump around and replace existing sanitary
sewer line located just east of the 8th Street bridge, at its current
elevation, through the new Canal channel (approximately 3 ft.
above the flow line).
C. Reach E - 8th Street to 9th Street. In that portion of the Augusta Property
from 8th Street to 9th Street (Drawing Nos. I02C and 103C), Contractor
shall perform the following work:
1. Additional Remediation Work:
a. Clearing and Grubbing. Clear existing vegetation, brush and
trash from this reach;
b. Excavation. Excavate impacted material (unsaturated zone and
saturated zone) and non-impacted material to approximately
118.5 ft. MSL at 8th Street (Drawing Nos. 18IC and 19IC),
then excavate to approximately 117.5 ft. MSL at 9th Street
(Drawing Nos. 182C, 192C and 469C). Excavate this Canal
reach sufficiently to achieve the design width of 40 ft. along
the Canal bottom. Slope the Canal banks, as Contractor
deems necessary, and in accordance with sound engineering
16
and construction practices, in order to achieve the
corresponding design Canal cross section.
2. Civil Work:
a. Finish Grading and Canal Channel Materials. Grade this reach
to achieve a finish grade of approximately 121.0 ft. MSL at 8th
Street (Drawing Nos. 181C, 191C. and 460C), and
approximately 120.0 ft. MSL at 9th Street (Drawing Nos. 182C
and 192C). Install a 40 ft. wide concrete channel along the
Canal bottom, with a minimum 3.5 ft. high walls (see Typical
Section on Drawing No. 712C)), adjusted in height to account
for existing remaining inflow pipes, bridges and other abutting
structures;
b. Bridgework:
1) Historic Recordation. Historically record eXIstmg
superstructure elements, including brick walls, capstones,
commemorative plaque, period lighting fixtures, and sidewalks
associated with the 8th Street and Walton Way Bridges.
Perform such historic recordation as specified in Section III,
above before commencing demolition. Owner will be
responsible for any and all historic restoration work after the
new bridges are constructed, including retention of existing
elements removed. To the extent feasible, the parties will
attempt to identify such elements during the initial walk-down
assessment outlined in Section III, above;
2) Demolition and Disposal. Demolish the existing 8th Street
and Walton Way bridges and dispose of demolished materials
in accordance with the requirements set forth in the
Construction Contract;
3) New Bridge Construction:
i) 8th Street Bridge. Construct a new bridge using
prefabricated concrete box girders and poured in place
concrete abutments with wing walls. Flow line at 121 MSL
(Drawing Nos. 712C and 820S and Supplemental Details);
ii) Walton Way Bridge. Construct a new bridge to
accommodate the new channel width, with an approximate
span 90 ft. long and 42 ft. wide, using prefabricated
concrete with wing walls. Flow line at 120.4 ft. MSL
(Drawing No. 840S and Supplemental Details).
c. Rights-of-Way. Prepare road bases, restore and repave the 8th
Street and Walton Way Bridge rights-of-way, as necessary, to
accommodate vehicular traffic across the new bridges.
Reconstruction of the road base and paving at these bridges and
17
their respective approaches shall be as previously specified
herein.
d. Utilities:
1) During Canal widening, support the eXIstmg Georgia
Power pole located near 8th Street with sheet piling in order to
comply with Georgia Power's "no-dig" setback requirements.
Sheet piling will remain in place at an acceptable depth beneath
the roadway after completion of this work (Drawing No.
712S);
2) At bridges, restore existing utilities (as determined by a
utility survey performed before starting this work);
D. Reach F - 9th Street to 10th Street. In that portion of the Augusta Property
from 9th Street to 10th Street (Drawing Nos. 103C and 104C), Contractor
shall perform the following work:
1. Additional Remediation Work:
a. Clearing and Grubbing. Clear existing vegetation, brush and
trash from this reach;
b. Excavation. Excavate impacted material (unsaturated and
saturated zone) and non-impacted material to 117.5 ft. MSL at
9th Street (Drawing Nos. l82C, 192C and 469C), excavating to
116.5 ft. MSL at 10th Street (Drawing Nos. 183C, 193C and
476C). Excavate this Canal reach sufficiently to achieve the
design finish width of 30 ft. along the Canal bottom. Slope the
Canal banks, as Contractor deems necessary, and in accordance
with sound engineering and construction practices, in order to
achieve the corresponding design Canal cross section.
2. Civil Work:
a. Finish Grading and Canal Channel Materials. Grade this reach
to achieve a finish grade of approximately 120.0 ft. MSL at 9th
Street (Drawing Nos. 182C and 192C), and approximately
119.0 ft. MSL at 10th Street (Drawing Nos. 183C, 193C and
476C). Install a 30 ft. wide concrete channel along the Canal
bottom with a minimum 3.5 ft. high walls (see Typical Section
at Drawing No. 712C), adjusted in height to account for
existing remaining inflow pipes, bridges and other abutting
structures;
18
b. Culvert Construction:
I) Historic Recordation. Historically record structural
elements associated with existing culvert, as set forth in
Section III.D.I.c.;
2) Demolition and Disposal. Remove the existing 9th Street!
Fenwick Street Intersection culvert system and dispose of
demolished materials in accordance with the requirements set
forth in the Construction Contract;
3) New Culvert. Construct a new triple, 9 ft. by lOft. box
culvert system under the 9th StreetlFenwick Street Intersection,
after shifting the Canal to the southwest so as not to interfere
with existing utilities (see Drawing No. 860S).
c. CSX Crossing:
1) Demolition and Disposal. Remove the existing culvert
system at the CSX crossing and dispose of demolished
materials in accordance with the requirements set forth in the
Construction Contract. Also, coordinate with CSX for the
permanent removal of existing spur line and temporary
removal, as necessary, of main rail line, pending construction
of new CSX crossing;
2) Construct New CSX Crossing. Subject to CSX approval,
and in accordance with the construction agreement between
Contractor and CSX, construct a railway crossing that will span
the design Canal width at this location (see generally Drawing
No. 881S and Supplemental Details).
d. Rights-of-Way:
1) 9th StreetlFenwick Street Intersection. Prepare road bases,
restore and repave the right-of-way to accommodate vehicular
traffic through this intersection. Reconstruction of the road
base and paving at this intersection shall be as previously
specified herein;
2) Restore the CSX Crossing right-of-way, as required by the
construction agreement between Contractor and CSX.
e. Utilities:
1) Telecommunications. Reroute overhead telecommunication
lines running into existing "splicing vault" located under the 9th
StreetlFenwick Street Intersection, in order to accommodate
the new box culvert system installation;
2) Sanitary Sewer. Support and protect, or, if necessary after
consultation with Owner, Contractor will remove, pump
around and replace, existing sanitary sewer line, at its current
elevation at the 9th StreetlFenwick Street Intersection culvert,
19
through the Canal channel (approximately 4 ft. above the flow
line) ;
3) Existing Utilities at 9th Street/Fenwick Street Intersection.
Restore existing utilities.
E. Reach G - 10th Street to 11 th Street. In that portion of the Augusta
Property from 10th Street to 11 th Street (Drawing No. 104C), Contractor
shall perform the following work:
1. Additional Remediation Work:
a. Clearing and Grubbing. Clear existing vegetation, brush and
trash from this reach;
b. Excavation. Excavate impacted material (saturated and
unsaturated zone) and non-impacted material to approximately
116.5 ft. MSL at 10th Street (Drawing Nos. 182C, 192C and
469C), excavating to approximately 116.0 ft. MSL at 11 th
Street (Drawing Nos. 183C, 193C 478C and 479C). Excavate
this Canal reach sufficiently to achieve the design finish width
of 30 ft. along the Canal bottom. Slope the Canal banks as
Contractor deems necessary to achieve the corresponding
design Canal profile, taking into consideration existing vertical
walls located within this reach.
2. Civil Work:
a. Finish Grading and Canal Channel Materials. Grade this reach
to achieve a finish grade of approximately 119.0 ft. MSL at
10th Street (Drawing Nos. 183C, 193C and 476C), and
approximately 118.5 ft. MSL at 11th Street (Drawing Nos.
183C, 193C, 478C and 479C). Install a 30 ft. wide concrete
channel along the Canal bottom with concrete retaining walls
(varying heights) (Typical Section on Drawing No. 712C);
b. Historic Recordation. Clean out existing sediments underneath
11 th Street Bridge. Preserve historic character of the bridge and
. appurtenant structures, to the extent that Contractor deems
practicable. Historic recordation, if any, shall be in accordance
with Section III, above.
F. Reach H - 11th Street to 12th Street. In that portion of the Augusta
Property from 11 th Street to 12th Street (Drawing No.1 05C):
1. Clearing and Grubbing. Clear existing vegetation, debris and trash
from this reach.
20
2. Historic Recordation. Record the historic character of the 1 th
Street gates and bridge, as Contractor deems practicable. Perform
Historic Recordation in accordance with the specifications set forth
in Section III, above.
3. Excavation. Excavate non-impacted material to approximately
116.0 ft. MSL at 11th Street (Drawing Nos. 183C, 193C, 478C and
479C), excavating to approximately 113.75 ft. MSL at 12th Street
(Drawing Nos. 183C, 193C and 482C). Excavate this Canal reach
sufficiently to achieve the design finish width of 30 ft. along the
Canal bottom. Slope the Canal banks as Contractor deems
necessary, and in accordance with sound engineering and
construction practices, in order to achieve the corresponding
design Canal profile, taking into consideration existing vertical
walls located within this reach.
4. Finish Grading and Canal Channel Materials. Grade this reach
sufficiently to achieve a finish grade of approximately 118.5 MSL
at 11th Street (Drawing Nos. 183C, 193C, 478C and 479C), and
approximately 116.25 ft. MSL at 12th Street (Drawing Nos. 183C,
193C and 482C). Install a 30 ft. wide concrete channel along the
Canal bottom. Construct new concrete retaining wall along the
north side of the Canal, unless Contractor determines it possible to
use existing concrete retaining wall at this location, and so long as
the re-use of such retaining wall would be in accordance with
sound engineering and construction principles. Construct a new
retaining wall along the south side of the Canal, from the 11 th
Street Bridge to an approximate distance of 240 ft. north/northwest
of the 11 th Street Bridge, with a minimum 3.5 ft. high walls (see
Typical Section at Drawing No. 712C), adjusted in height to
account for existing remaining inflow pipes, bridges and other
abutting structures.
- END OF SPECIFICATIONS -
21
TABLE "1 "
List of 70% Design Drawings
DWG DATE DATE DRAWING TITLE
. NO. PREPARED REVISED
00IC 07/21/2003 COVER SHEET
002C LEGEND AND INDEX SHEET
003C 07/21/2003 GENERAL SPECIFICATIONS FOR ADDITIONAL WORK
004C 07/21/2003 GENERAL NOTES
005C OVERALL SITE PLAN AND BENCHMARK
100C 07/21/2003 EXISTING CONDITIONS IOF6)
10lC 07/21/2003 EXISTING CONDITIONS 20F61
102C 07/21/2003 EXISTING CONDITIONS 30F6
103C 07/21/2003 EXISTING CONDITIONS 40F6
104C 07/21/2003 EXISTING CONDITIONS 50F6
105C 07/21/2003 EXISTING CONDITIONS 60F6
170C 07/21/2003 EXISTING UTILITIES PLAN ( 10F6
171C 07/21/2003 EXISTING UTILITIES PLAN ( 20F6
172C 07/21/2003 EXISTING UTILITIES PLAN 30F6
173C 07/21/2003 EXISTING UTILITIES PLAN 40F6
174C 07/21/2003 EXISTING UTILITIES PLAN 50F6
175C 07/21/2003 EXISTING UTILITIES PLAN 60F6
180C 07/21/2003 PLAN & PROFILE EAST 1 OF 4
181C 07/21/2003 PLAN & PROFILE EAST 2 OF 4
182C 07/21/2003 PLAN & PROFILE EAST 3 OF 4
183C 07/21/2003 PLAN & PROFILE EAST 4 OF 4
190C 07/21/2003 PLAN AND PROFILE WEST 1 OF 4
191C 07/21/2003 PLAN AND PROFILE WEST 2 OF 4
192C 07/21/2003 PLAN AND PROFILE WEST 3 OF 4
193C 07/21/2003 PLAN AND PROFILE WEST 4 OF 4
450C 07/21/2003 CANAL CROSS-SECTIONS: STATION 00+00 - 01 +00
451C 07/21/2003 CANAL CROSS-SECTIONS: STATION 01+50 - 02+50
452C 07/21/2003 CANAL CROSS-SECTIONS: STATION 03+00 - 04+00
453C 07/21/2003 CANAL CROSS-SECTIONS: STATION 04+64 - 05+00
454C 07121/2003 CANAL CROSS-SECTIONS: STATION 05+50 - 06+50
455C 07/21/2003 CANAL CROSS-SECTIONS: STATION 07+00 - 08+00
456C 07/21/2003 CANAL CROSS-SECTIONS: STATION 08+50 - 09+50
457C 07/21/2003 CANAL CROSS-SECTIONS: STATION 10+00-11+00
458C 07/21/2003 CANAL CROSS-SECTIONS: STATION 11+50-12+50
459C 07/21/2003 CANAL CROSS-SECTIONS: STATION 13+00
460C 07121/2003 CANAL CROSS-SECTIONS: STATION 13+65 - 14+43
461C 07/21/2003 CANAL CROSS-SECTIONS: STATION 15+00 - 16+00
462C 07/21/2003 CANAL CROSS-SECTIONS: STATION 16+50 - 17+50
463C 07/21/2003 CANAL CROSS-SECTIONS: STATION 18+00 - 19+00
464C 07/21/2003 CANAL CROSS-SECTIONS: STATION 19+50-20+50
465C 07121/2003 CANAL CROSS-SECTIONS: STATION 20+95 - 21+76
466C 07/21/2003 CANAL CROSS-SECTIONS: STATION 22+00 - 23+00
467C 07121/2003 CANAL CROSS-SECTIONS: STATION 23+50 - 24+50
468C 07/21/2003 CANAL CROSS-SECTIONS: STATION 25+00 - 26+00
469C 07/21/2003 CANAL CROSS-SECTIONS: STATION 26+ 16 - 27+ 16
470C 07/21/2003 CANAL CROSS-SECTIONS: STATION 27+56 - 28+50
471C 07/21/2003 CANAL CROSS-SECTIONS: STATION 29+00 - 30+00
472C 07/2112003 CANAL CROSS-SECTIONS: STATION 30+50 - 31 +00
473C 07/21/2003 CANAL CROSS-SECTIONS: STATION 31+50-32+50
474C 07/21/2003 CANAL CROSS-SECTONS: STATION 33+00 - 34+00
475C 07121/2003 CANAL CROSS-SECTIONS: STATION 34+50 - 35+50
476C 07121/2003 CANAL CROSS-SECTIONS: STATION 36+00 - 37+00
477C 07121/2003 CANAL CROSS-SECflONS: STATION 37+50 - 38+50
478C 07121/2003 CANAL CROSS-SECflONS: STATION 39+00
479C 07/21/2003 CANAL CROSS-SECflONS: STATION 40+50 - 41+50
480C 07121/2003 CANAL CROSS-SECflONS: STATION 42+00 - 43+00
481C 07121/2003 CANAL CROSS-SECTIONS: STATION 43+50 - 44+50
482C 07/21/2003 CANAL CROSS-SECflONS: STATION 45+00
500 07121/2003 AUGUSTA-RICHMOND COUNTY DETAILS I
501 07121/2003 AUGUSTA-RICHMOND COUNTY DETAILS II
502 07/21/2003 AUGUSTA-RICHMOND COUNTY DETAILS III
503 07/21/2003 AUGUSTA-RICHMOND COUNTY DETAILS IV
504 07121/2003 RESTORATION DETAILS V
505 07121/2003 AUGUSTA-RICHMOND COUNTY DETAILS VI
506 07/21/2003 GENERAL NOTES (UTILITIES)
600 07/21/2003 TRAFFIC RE-ROUTING CLOSURE OF 8"t STR., TAYLOR STR., AND
KING STR.
601 0712112003 TRAFFIC RE-ROUTING CLOSURE OF W ALTON WAY CORIDOR
602 07/21/2003 TRAFFIC RE-ROUTING CLOSURE OF 9TH STR. AND FENWICK STR.
INTERSECflON
603 07121/2003 TRAFFIC RE-ROUTING CLOSURE OF WALKER STR.
700S 0713112003 PAVEMENT RESURFACE
712C 07131/2003 CANAL CROSS-SECfION - 8ln STR. SHEET PILE
820S 07131/2003 8'n STREET BRIDGE: GENERAL PLAN ELEVATION AND SECTION
840S 07/30/2003 WALTON WAY BRIDGE: GENERAL PLAN, ELEVATION AND
SECflON
860S 07131/2003 9ln STREET CULVERTS: GENERAL PLAN, ELEVATION AND
SECflON
881S 07/30/2003 RAILROAD CROSSING BRIDGE: GENERAL PLAN, ELEVATION AND
SECflON
882S 0713012003 INLETCONTROLSTRUCURE
\Attachment 1
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LEGEND
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CANAL OUTUNE
RAILROAD TRACKS
N UNK fENCE
SITE CHAI
THIRD L~~N=S
REACH
BLOCK
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-
D SATURATED
TYPE 4-UN~~~~T5~A:R USE IS
ZONE SOIL. THIS AREA.
RESTRICTED IN
SCALE IN FEET
CANAL REACH
IMPLEMENTED IN RCEL AND CAR
OTE: SHOULD IS~O BiHE NORTHER~R;'00ULD APPLY.
N ADJACENT. THEN TYPE 5
WASH AREA,
I 200
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400
ATTACHMENT 1
URED GAS PLANT
FORMER MAN U FACT GEORGIA
AUGUSTA,
. ht Company
It, Atlanta Cas Llg
STANDARDS
RISK REDUCTION
2 0120
JOB NO. 12000
. "D"
Exhibit
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Atlanta
McKenna Long
& 1!~~EiEgeLU
San Diego
Denver
San Francisco
Los Angeles
303 Peachtree Street, NE · Suite 5300 · Atlanta, GA 30308
Tel: 404.527.4000. Fax: 404.527.4198
www.mckennalong.com
Washington, D.C.
Phlladelphla
Brussels
CAROl. R. GEIGER
(404) 527-4380
EMAlL ADDRESS
cgelger@mckennalong.com
November 25, 2003
- -
Via Facsimile (706) 722-5984
and U.S. Mail
James B. Wall, Esq.
City Attorney
Augusta Law Department
P.O. Box 2125
Augusta, GA 30903
Re: Atlanta Gas Light Company's
Augusta MGP Project
Dear Jim:
As we discussed .and as Augusta, Georgia agreed, the Basis of Design Work Plan, dated
December 9, 2002, will be modified as follows:
1. Attachment 3 - Off-Site - 8th Street and Walton Way; Impacted soil in the
unsaturated zone that does not meet Type 4 Risk Reduction Standard (RRS) will
be excavated. Impacted saturated zone material that exceeds a Type 4 RRS will
be treated by In-Situ Chemical Oxidation (!SCO).
2. Attachment 3 - Third Level Canal. The Canal excavation will conform to the
General Specifications and Scope of Work, attached as Exhibit C to' the
Remediation, Restoration and Indemnification Agreement between Augusta,
Georgia (Augusta) and Atlanta Gas Light Company (AGLC).
3. MGP By-Product Like Material identified in saturated zone materials in the Third
Level Canal will be either excavated or treated by ISCO. After AGLC has further
-delineated the deep MGP By-Product Like Material, it will provide Augusta with
a map setting forth the areas to be excavated or ISCO.
Please do not hesitate to call me if you have any questions.
CRG:bjd
cc: Ms. Kim Tarr
Mr. Leonard Ledbetter
Mr. Scott Walters
Very truly yours,
C~
Carol R.Geiger
Exhibit "E"
A TLANTA:4603546.1
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Exhibit "B"
Prepared for
. Atlanta Gas Light Company
1251 Caroline Street, NE
Atlanta, Georgia
FINAL BASIS OF DESIGN WORK PLAN
OPERABLE UNITS 1, 2 AND 3
FORMER MANUFACTURED GAS PLANT
AUGUSTA, GEORGIA
Prepared by
t{1MACTEC
MACTEC Engineering and Consulting of Georgia, Inc.
f/k/a Law Engineering and Environmental Services, Inc.
3200 Town Point Drive NW, Suite 100
Kennesaw, Georgia 30144
Project Number 12000-2-0120
December 9, 2002
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FINAL BASIS OF DESIGN WORK PLAN
OPERABLE UNITS 1,2 AND 3
Atlanta Gas Light Company
Former Manufactured Gas Plant
Augusta, Georgia
Prepared for:
Atlanta Gas Light Company
1219 Caroline Street, NE
Atlanta, Georgia 30307
Prepared by:
MACTEC Engineering and Consulting of Georgia, Inc.
f/k/a Law Engineering and Environmental Services, Inc.
3200 Town Point Drive, Suite 100
Kennesaw, Georgia 30144
December 9, 2002
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
TABLE OF CONTENTS
PS2e
1.0 INTR 0 D U CTI 0 N ........................................................................ ...................... ........................ 1-1
1.1 Background .......................................... ........................................... ................................ 1-1
1.2 Remedial Objectives.......................................................................... ..... ....... ............. ..... I-I
2.0 CORRECTIVE ACTION ACTIVITIES ................................................................................. 2-1
2.1 Site Preparation. ............................. ................................................................................. 2-1
2.2 Demolition of Surface and Subsurface Structures........................................................... 2-2
2.3 Excavation....................................................................................................................... 2-2
2.4 In-Situ Solidification...................................................................................................... 2-3
2.4.1 Full-Scale Implementation ................. ................ ................................................ 2-3
2.5 In-Situ Chemical 0 xidation............................................................... ............................. 2-6
2. 6 Waste Management.... ........................................................................ ........... ........... ....... 2-7
2. 7 Water Management ..... .................................................... ....... ......... .... ......... ................... 2-7
2.8 Air Monitoring and Control Plan ....................................................................................2-8
2.9 Odor Mitigation Plan ...... ........... ...... ........... ..... ........ ................................ ....... ...... ........... 2-8
2.10 Cleanup Criteria for Off-Site Properties.......................................................................... 2-8
2.11 Verification Sampling Program................................................................ ....................... 2-8
2.12 Site Restoration............................................................................................................... 2-9
2.13 Canal Restoration............................................................................................................ 2-9
2.14 Property Use and Deed Notices....................................................................................... 2-9
2.14.1 Amoco...................................................................................,............................ 2-9
2.14.2 Car Wash.......................................................................................................... 2-10
2.15 Continuing Compliance Actions.. ............................ ............ ............ ...... ............... ........ 2-10
2.155 Groundwater Remediation System... .......... ......... ..................... ............. ........ ...... ..... ..... 2-10
2.1 7 Verification of Completion........................................................................................... 2-10
3.0 REFEREN CES ............................ ................................... ............ ............................ ............ ........ 3-1
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
LIST OF TABLES
Table A3-1: Risk Reduction Standards for Soil
LIST OF FIGURES
Figure 2-1: Solidification Plan - au 1/2, Working Platform Elevations
Figure 2-2: Canal Protective Barrier Cross Section
LIST OF A TT ACHMENTS
Attaclunent 1: Risk Reduction Standards
Attaclunent 2: Planned Corrective Action Activity
Attaclunent 3: Cleanup Criteria for Off-Site Properties
Attaclunent 4: Verification Sampling Program
Attaclunent 5: ISS Laboratory Treatment Study and ISS Pilot Study
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Final Basis of Design Work Plan
At/anta Gas Light Company-Augusta MGP Project
December 9.2002
Introduction
1.0 INTRODUCTION
On behalf of the Atlanta Gas Light Company (AGLC), MACTEC Engineering and Consulting of
Georgia, Inc. (MACTEC, f/kIa Law Engineering and Environmental Services, Inc.) has developed a
revised corrective action approach for the former Manufactured Gas Plant (MGP) Remediation and
Restoration Project in Augusta, Georgia. A Basis of Design Work Plan was submitted to the Georgia
Department of Natural Resources, Environmental Protection Division (Georgia EPD) in October 2001 by
The RETEC Group, Inc. (RETEC, f/kla ThermoRetec Consulting Corporation). A Draft Basis of Design
Work Plan (LA W a, 2002) was prepared and submitted to Georgia EPD on August 21, 2002 that revised
the RETEC Basis of Design Work Plan and presented a different approach to the corrective action. This
Final Basis of Design Work Plan has been prepared based on the need by AGLC to meet the requirements
of Consent Order Georgia EPD-HW-1390 in a cost effective manner. This Final Basis of Design Work
Plan addresses the comments received from Georgia EPD on September 13, 2002.
In accordance with the conditions set forth by Georgia EPD in the Corrective Action Plan (CAP), as
amended or modified, and the approval letter dated March 30, 2001, this Final Basis of Design Work Phm
provides additional information to Georgia EPD relative to Operable Units (OUs) 1, 2, and 3. Bedrock
groundwater remediation has been reviewed with Georgia EPD and will proceed concurrent with the
corrective action of the Northern Parcel.
This Final Basis of Design Work Plan is meant to be a stand alone but brief document, which modifies
and amends the CAP. The text content has been limited by using figures, drawings, and tables; and by
referencing appropriate sections of the CAP rather than presenting redundant information.
1.1 Background
AGLC and Georgia EPD entered into Consent Order Georgia EPD-HW -1390 (Consent Order) on July 11,
2000, which is an Amendment to Consent Order Georgia EPD-HW -.1 008 dated October 16, 1998, which
in turn was an amendment"to a pre-existing order entered in 1992 under the Georgia Hazardous Waste
Management Act. The Consent Order establishes schedules for corrective action plans and remedial
investigation reports for the Augusta MGP Project. The Consent Order requires AGLC to take actions
and bring the Augusta MGP Project under compliance with certain Risk Reduction Standards (RRS) of
Section 391-03-19-.07 or under the Hazardous Waste Management Act.
Georgia EPD conditionally approved the tasks contained in the CAP for the Augusta MGP Project on
March 30,2001 (ThermoRetec,2001). These tasks were specifically developed to meet the requirements
of the Consent Order. In the CAP, the Augusta MGP Project has been divided into separate OUs. OU 1
is the soil above the water table outside the Third Level Canal (Canal). OU 2 is the by-product-like
material (BPLM) present below the water table outside the Canal. OU 3 is the soil above the water table,
BPLM below the water table, and sediment above and below the water table in the Canal.
1.2 Remedial Objectives
The CAP established remedial objectives for the corrective action in order to bring the Augusta MGP
Project under compliance with the RRS of Section 391-3-19-.07 of the Rules and/or the Hazardous Waste
Management Act. These objectives included the following:
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Final Basis of Design Work Plan
At/anta Gas Light Company-Augusta MGP Project
December 9, 2002
Introduction
. Remove and/or treat in place all BPLM and soil to achieve compliance with the
RRS;
. Remove free phase contamination to the extent practicable;
· Remove and/or treat in place groundwater to achieve RRS for groundwater; and
. Implement a groundwater monitoring system.
Only the fIrst two objectives are applicable to OUs 1,2, and 3.
The Human Health Risk Assessment included in the CAP, also established site specific RRS or remedies
for the protection of human health. Attachment 1 presents the revised area where each remedy or RRS
applies consistent with the requirements of the CAP. The revised changes are documented in
"Determination of Allowable Concentrations" (LAW, 2001) and in responses to Georgia EPD's
comments. In some cases, the RRS have been changed from those originally proposed to more protective
standards (see Section 2.10 Cleanup Criteria for Off-Site Properties).
A complete description of the RRS is provided in Section 2.1 of the CAP. According to Section 391-3-
19-.07 of the Rules and the Consent Order, the corrective action shall, at a minimum, provide for the
removal of free product to the extent practicable. Georgia EPD defmes free product as any non-aqueous
phase liquid that contains a regulated substance and that has accumulated at a groundwater surface, has
pooled above a low permeability boundary in an aquifer, or can move freely in the aquifer. The presence
of free products appears to be limited to a few isolated areas in the Northern Parcel. Criteria have been
established to determine the presence of free product in Section 2.10 Cleanup Criteria for Off-Site
Properties.
The remedial objectives of this Final Basis 'of Design Work Plan comport with those of the CAP with the
addition of improved measures for the Third Level Canal, such that, upon completion of the remedy, for
the areas of the Canal owned by Augusta-Richmond County ("ARC"), (1) only those areas that received
ISS treatment will be listed on the Hazardous Sites Inventory; (2) recreational-type uses and exposures
will be allowed for the remediated Canal, provided that groundwater beneath the Canal will not be used
for any purpose and provided further that the restoration elements within the Canal remain intact or, if
removed or destroyed, restored as soon as practical to their original conditions; and (3) markers' or
placards will be required only for "Type 5" properties. In the event the section of the Canal adjoining the
Northern Parcel is remediated with ISS technology, that portion of the Canal will be considered "Type 5"
p~operty and the applicable placards, deed notices, and other restrictions will be implemented.
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
Corrective Action Activities
2.0 CORRECTIVE ACTION ACTIVITIES
This plan discusses the general corrective action activities for the Augusta MGP Project. The plan
addresses sequence of the corrective action measures, construction considerations, and requirements in
implementing the soil remedy for OUs 1, 2, and 3. Excavation and off-site disposal is an approved
technology to achieve Type 1, Type I I 2, and Type 4 RRS soil cleanup criteria. In-situ solidification
(ISS) is an approved technology to achieve Type 5 RRS. In-situ chemical oxidation (ISCO) is a proven
technology to remove or treat in place BPLM. The planned limits of ISS, ISCO and excavation are
shown on Attachment 2.
This plan includes a description of the following activities:
. Site preparation;
. Demolition of surface and subsurface structures;
. Excavation;
. In-Situ Solidification;
. In-Situ Chemical Oxidation;
. Waste Management;
. Water Management;
. Air Monitoring;
. Odor Control;
. Cleanup Criteria;
. Site Restoration; and
. Canal Restoration.
A discussion of these corrective action activities is presented below.
2.1 Site Preparation
Site preparations are activities required to prepare the Augusta MGP Project for corrective action.
Specific site preparation work includes utility relocation and traffic management.
Surveyors, working with ARC and local utilities, have identified utilities, which will require protection or
relocation to allow implementation of the corrective action. These include an existing gas regulator
station currently located on the Northern Parcel, which will be relocated. Field work for the utility survey
has been completed and a comprehensive utility plan has been prepared. Initial discussions have taken
place with personnel from ARC's utility and public works departments to incorporate their requirements
into those designs.
The corrective action will require the Closure of the following ARC streets:
. 8th Street between the Canal and Walton Way;
. Walton Way between 8th Street and the Canal;
. Intersection of 9th Street and Fenwick Street; and
. Intersection of 8th Street and Fenwick Street.
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Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
Corrective Action Activities
2.2 Demolition of Surface and Subsurface Structures
Surface and subsurface structures that currently are located in areas where excavation or ISS will take
place will be demolished in order to provide access. There are a number of subsurface structures
associated with past gas manufacturing operations that will be removed.
These structures include three subsurface gasholders within the Northern Parcel:
· A 300,000 cubic foot gasholder (-75 foot radius) is located in the northeast corner;
· A 125,000 cubic foot gasholder (-55 foot radius) is located to the west of above
holder; and
· A 125,000 cubic feet gasholder (-45 foot radius) is located south Of these holders
near the center of the Northern Parcel.
In some cases, foundations have been backfilled with debris and rubble remaining from demolition of
structures on the surface. Field measurements and historically based estimates of structure size indicate
that 1,000 to 2,800 c.ubic yards of material are contained within these structures. Before excavating these
foundations, BPLM will be removed and disposed at an off-site facility (refer to Section 2.6 Waste
Management for a listing of Republic Services' facilities).
There are a number of off-site surface structures that will be demolished prior to the corrective action,
including the Car Wash and two houses adjacent to the Church. Paving, fencing, and other surface
features will also be demolished, removed, and transported for off-site disposal. Remaining subsurface
structures (e.g., most utilities) will be worked around or temporarily relocated as necessary to fulfill the
remedial objectives. Some of the site monitoring wells will require abandonment during the corrective
action. Those subsurface Structures that are within the excavation areas will be broken up using
excavation and demolition equipment and will be removed for decontamination, if required.
Decontamination will take place in lined decontamination areas and may include brushing and washing
impacted soil and MGP residues from the debris, as needed. Decontamination debris not suitable for
structural backfill will be transported for off-site disposal. Decontamination debris that has been tested
clean by a "wipe test" and is suitable for structural backfill (e.g., concrete) may be used as backfill
material immediately above the ISS treated columns on the Northern Parcel only. In no case will the
structural backfill be allowed to be within two feet of the fmal surface soil cover elevations.
2.3 Excavation
Impacted unsaturated zone soil falls into two categories:
· Soils Exceeding RRS: Soils with at least one constituent(s) of interest (COI)
exceeding the applicable RRS for the property; and
· Source Material: Soils with BPLM which includes "tar-like" and "oil-like"
materials.
Where ISS will be implemented as the corrective action measure, impacted unsaturated soils will be
" excavated down to the lowest observed groundwater table. Where ISCO will be implemented as the
corrective action measure, impacted unsaturated soils will be excavated down to the highest groundwater
table. Attachment 2 shows the planned horizontal limits of excavation. The planned vertical limits of
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Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
Corrective Action Activities
excavation are defmed in Attachment 3. Procedures for confIrmation sampling and requirements for
additional excavation are set forth in Attachments 3 and 4. Generally, excavation will take place in OUs
I and 2 before being performed in au 3. Attachment 2 also identifIes each of the excavation areas. The
total estimated volume to be removed is 80,000 to 109,000 cubic yards.
Excavation is prohibited for two areas of the Augusta MGP Project. Because of the historic nature of the
Church, excavation will not occur closer than fIve feet from the Church's exterior. In addition for the
block building behind the Church, the same fIve-foot set back will be maintained. At the fIve-foot limit, a
two horizontal to one vertical slope can be constructed until the slope intersects the high water table
elevation. Sheet piling will be installed in front of the Church to facilitate the excavation of 8th Street.
The second area is located on the Northern Parcel and it will not be excavated or receive ISS treatment.
The area includes a footing for a high-tension electrical pole and the anchor area for the guy wire.
Georgia-Power has established a "no dig zone" immediately adjacent to the pole and the anchor areas
(Figure 2-1).
2.4 In-Situ Solidification
An ISS laboratory treatability study and an ISS pilot study were performed to aid in the design of the full-
scale implementation. The results of those studies are presented in Attachment 5. The following section
presents the process for full-scale ISS implementation and the performance criteria for the Augusta MGP
Project.
2.4.1 Full-Scale Implementation
The Northern Parcel is considered the source for off-site impacts. The highest COI concentrations are
associated with the Northern Parcel. Therefore, ISS is planned for the Northern Parcel. Both, ISS and
ISCO are being considered for the Canal reach adjacent to the Northern Parcel (between 8th Street bridge
and Walton Way bridge) and Car Wash property (Parcels 374.1). The remedial objective for
implementation of ISS is to address the presence of BPLM below the design low water table in the
Northern Parcel. The horizontal limits of the planned horizontal ISS is shown on Attachment 2.
ISS will be accomplished with a large diameter auger and drill table mounted on a tracked crane. The
auger mechanism is fabricated to allow the injection of grout through holes in the auger flites as the auger
mixes the soil. The auger mixes the soil with grout creating a column of soil mixed with cement and
other admixture materials. Soil columns are solidifIed in an overlapping sequence so that a monolithic
solidified mass is created within the horizontal and vertical limits of ISS. The ISS working platform
elevation has been designed to facilitate the swell of treated material. This will allow the treated material
" to remain on-site.
Georgia EPD-approved performance criteria for the ISS-treated soil material below the design low water
table to meet the remedial objectives for"BPLM includes:
· Unconfmed compressive strength greater than 50 pounds per square inch (psi);
· Hydraulic conductivity less than 1 x 10-6 centimeters per second (cm/sec);
· No free liquids; and
· Mass loss of less than 10 percent when subjected to wetting/drying cycles.
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Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
Corrective Action Activities
ISS Dewatering/Water Treatment
Prior to the installation of each ISS column, soil will be excavated from the ISS working platforms to the
low groundwater table to minimize the overall volume of treated soil. The ISS working platforms are
located approximately 3 feet above the low groundwater table. This pre-ISS excavation may require
dewatering to the low groundwater table, if the groundwater table at the time oflSS is higher than the low
groundwater table. Water will be managed in accordance with Section 2.7 Water Management.
ISS Treatment
The top of ISS treatment is based on the low groundwater condition. Soil will be excavated to the
working platform elevation (e.g., low groundwater elevation). The working platform elevation is shown
on Figure 2-1). The pre-ISS excavation will generate both impacted and non-impacted soil, which may
be segregated by the corrective action contractor. Non-impacted soil will be stockpiled, sampled, and
analyzed prior to reuse. The reuse of any non-impacted soil will be limited to the Northern Parcel only.
Dewatering to the working platform elevation may be necessary.
ISS treatment will be conducted by overlapping the columns. The bottom of ISS treatment columns will
extend at least 3 feet into saprolite or to auger refusal whichever occurs fIrst. During ISS treatment, swell
will be generated which may extend vertically above the low groundwater table. The treated material will
be allowed to swell to the design high water level provided this elevation is at least two feet below the site
restoration elevation. This will allow the treated material to remain on-site.
The selection of a design mix for ISS will be based on experience' gained during the treatabiliy study,
pilot study, and the Macon MGP Project.
ISS Quality Assurance/Quality Control CQNQC) Program
The QAJQC plan consists of the following fIve steps:
. Step 1.
. Step 2.
. Step 3.
. Step 4.
. Step s.
Verify Amounts of Additives Added to Each Column
Collect Depth-Representative Samples for Evaluation of Mixing
Composite Samples from Different Depths
Select One Sample per 1,000 Cubic Yards for Confmnation Testing
Measure UCS, K and Presence of Free Liquids at 7-Day Accelerated Cure
Each step is discussed below.
Step 1. Verify Amounts of Additives Added to Each Column
Each column will be planned in advance, and the amount of grout to be added to the full column (in
gallons) will be exactly known. The grout delivery will be metered and the amount of grout measured for
each column. The corrective action contractor will insure that the minimum amount specifIed (based on
the results of the treatability and pilot studies) will be injected in each column. If an amount below the
minimum is injected, that column will be re-mixed with additional grout, or sampled and tested with the
complete regimen of analytical requirements. If the analyses show failure, the column will be re-mixed
with additional grout. Additionally, a minimum number of two equivalent complete passes of the mixing
tool will be required.
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Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
Corrective Action Activities
Step 2. Collect Depth-Representative Samples for Evaluation of Mixing
The corrective action contractor will collect depth-representative samples (see discussion in next
paragraph) every ten columns, with a minimum of one set of depth-representative sample per day (if less
than 10 columns are completed in a day). The columns to be sampled would be randomly selected within
each group of 10 columns to insure that no bias is introduced in the sampling.
An in situ sampler will be used to obtain samples from various depths of the sampled column.
Specifically, one in situ sample per 7 foot (or fraction thereof) of depth will be collected. This sampling
frequency corresponds to 1 sample for columns of depth less than or equal to 7 feet, 2 samples for
columns of 8 to 15 feet depth, 3 samples for columns of 16 to 23 feet depth, etc. The average column
depth at the Augusta MOP Project is approximately 19 feet. The in situ sampler is capable of sampling to
a 25-foot depth.
After the samples are collected, they will be placed in 5-gallon buckets and transported to an area where
they can be evaluated. A technician will perform the evaluation by spreading the samples over a light-
colored piece of plastic and observing the degree of homogeneity or mixing.
To qualitatively and quantitatively evaluate the degree of mixing, the following criteria will be used:
color, homogeneity, absence of free product, pH. These criteria are explained below.
· Color. The color of the ISS mixture is a blend of the color of the treated materials
and the ISS reagent. In general, well-mixed materials (even clods) will be coated
with grout and the color of the grout will predominate. A project specific color scale
("gray scale") can be made to permit assigning numerical values to the color of the
samples. Unmixed particles will contrast with the grout and provide a color contrast.
· Homogeneity. The treated material will be inspected, visually, for overall mixing.
Experience gained during the pilot study indicates that this visual criterion can
meaningfully be applied to the materials collected with the in situ sampler. The
treated material shall be thoroughly mixed into a homogeneous mass, free from large
lumps or pockets of fmes, sand or gravel. Occasional lumps of soil, up to 6 inches in
their largest. dimension, will be permitted. The samples from each representative
depth will be comparable as far as these characteristics are concerned.
· Absence of Free Product. The treated material will be inspected to insure that no
free product is present within it.
· pH. The pH of the treated material will be measured in the field using colorimetric
paper. A pH analysis will be done on samples from each depth interval. Samples with
pH l~ss than 10.5 s.U. will be considered not adequately mixed.
A trained employee of the corrective action contractor will perform these evaluations, photograph the
samples, and fill out and sign a form that will be part of the QAlQC record. Should the materiais from
any depth fail one or more of these criteria, the column will be considered not adequately mixed, and the
corrective action contractor will be instructed to re-mix it.
. Step 3. Composite Samples from Different Depths.
Once samples from a column have passed the rigorous' evaluation in Step 3, they will be considered
uniformly mixed, indicating that samples from each depth are equivalent. As such, they will be
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Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
Corrective Action Activities
compo sited together to generate a single sample representative of all depths of the sampled column. At
this time, at least 10 molded specimens will be made from the composite sample and archived for further
testing at a later time as explained below.
Step 4. Select One Sample per 1.000 Cubic Yards for ConfIrmation Testing
One sample per 1,000 in-place cubic yards of treated material will be analyzed for permeability, UCS,
absence offree liquid, and wet/dry durability.
Step 5. Measure UCS. K and Presence of Free Liquids at 7-Day Accelerated Cure
In this step, the corrective action contractor will perform all tests necessary to demonstrate compliance
with the performance criteria, except wet/dry durability (this test will be performed later, as discussed
below). These tests will be performed after 28 days of curing; however, in the full-scale implementation
they will be performed after 7 days of curing but using an accelerated curing procedure. In this procedure
(ASTM C-684) the sample is immersed in a warm water bath at 650C for 24 hours and then allowed to
cool. Experiments performed during the treatability study and pilot study indicated that an accelerated
curing period is approximately equivalent to a 28-day unaccelerated curing period.
This change is necessary to minimize the impact on the project of potential failures of the confmnation
samples. As agreed upon with the Georgia EPD, failure of confIrmation sampling will mean that the area
where the failure occurred will need to be addressed further. Having this information 7 days after the
column has been installed, rather than 28 days, will greatly reduce the impact of potential confmnation
samples failures on the project.
If the sample does not meet any of the criteria specified for the project (i.e., K <= 10-6 em/see, UCS>=50
psi, no free liquid present at the breakpoint of the UCS test), the testing will be terminated without
performing a wet/dry durability test. Archived samples from columns proximate to the one that failed
will also be evaluated using the same procedure to better defIne the area of failure and the area
corresponding to the confIrmation sample failure will be addressed further.
If the sample meets the K, UCS and free liquid criteria a wet/dry durability test will be performed. The
reason this test will be performed, only after the results of the previous three tests have been received
from the lab, is that the wet/dry durability test takes about 30 days (after.the curing period) to perform.
Thus, this test will only be performed if the other three criteria have already been met. If the specified
performance criterion for this test (i.e., mass loss'less thail 10 percent) is met, all criteria will have been
met and the 1,000 cubic yards of which the sample was representative will be identifIed as having passed
allISS performance criteria.
If the performance criterion for the wet/dry durability test is not met, archived samples from columns in
general proximity to the one that failed will be retrieved and tested for wet/dry durability. In addition, the
other three performance criteria will be used to better defIne the area offailure and the area corresponding
to the confIrmation sample failure will then be addressed further.
2.5 In-Situ Chemical Oxidation
ISCO is planned for the treatment of BPLM on all off-site properties. The remedial objective for
implementation of ISCO is to address the presence of BPLM below the design high water table.
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Atlanta Gas Light Company-Augusta MGP Project
December 9.2002
Corrective Action Activities
Attachment 2 identifies the areas where ISCO will take place. Generally, ISCO will be perfonned in each
area as soon as excavation and backfill is completed.
ISCO will be accomplished through injection of a treatment chemical into well points installed in the
impacted area. The process is capable of complete, non-selective oxidation of typical MGP organic
compounds such as volatile organic compounds and hydrocarbons (P AHs) in soil and groundwater. A
full-scale pilot study, specific to the Augusta MGP Project, will be perfonned.
"
The Georgia EPD approved In-Situ Chemical Oxidation Treatability and Treatment Demonstration for
MGP Sites will be used during the pilot study to develop field parameter correlations to use in
detennining treatment. The pilot will be used to develop criteria for vertical and horizontal injection
locations, sentinel wells, etc.
2.6 Waste Management
Six potential waste streams have been identified which may be generated during the corrective action at
the Augusta MGP site:
· Sediment excavated from the Canal which contains BPLM or COI at concentrations
greater than the applicable RRS;
· Soil excavated from the unsaturated zone which contains BPLM or COI at
concentrations greater than the applicable RRS;
· Soil excavated from both the saturated and unsaturated zone which contains BPLM;
· Excess solidified soil containing BPLM resulting fro~ volume expansion during ISS;
. Contaminated debris; and
· Uncontaminated debris.
Off-site disposal will be at one of Republic Services, Inc. 's Landfills: Oak Grove Landfill in Winder,
Georgia, Cross Keys Landfill, Union County, South Carolina and the Savannah Regional Industrial
Landfill in Savannah, Georgia. Facility representatives have reviewed analytical data for the planned
waste streams and have tentatively approved the waste for disposal. Prior to disposal, every 500 cubic
yards of amended materials will be sampled for Republic Services required waste characterization and the
results presented to Republic Services before shipment.
2.7 Water Management
Water containing COI may be generated by four operations during implementation of the corrective
action:
· Decontamination of debris;
· Decontamination of equipment;
· Dewatering of excavations and ISS areas to' remove surface water and
groundwater; and
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Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
Corrective Action Activities
· Dewatering of gasholder foundations during demolition.
Water generated from these operations will be treated in an on-site water treatment system. Calculations
indicate that a system with a 100 gallons per minute flow capacity will be sufficient. The selected
corrective action contractor will develop the exact mechanical configuration for the planned treatment
system. It is anticipated that the discharge from the water treatment system will be to the local publicly
owned treatment works (POTW) operated by ARC. The treatment system will be required to meet
facility pretreatment requirements included in the sewer ordinance and POTW permit.
2.8 Air Monitoring and Control Plan
An air monitoring and control program has been developed to ensure that the COI are not present in the
ambient air at concentrations that exceed health effect levels for site workers or residents of the
community. The program is designed to provide information for evaluating the potential risk from
emissions on an on-going basis to facilitate the timely implementation of corrective measures.
During excavation and ISS corrective action activities, the air monitoring and control program will be
implemented. Once excavation and ISS corrective action activities are completed, the air monitoring and
control program for COIs will end and only particulate monitoring will occur for ISCO and site/canal
restoration activities. The specific details of the program will be presented in an "Air Monitoring and
Control Plan" which will be submitted as a separate document to Georgia EPD for approval.
2.9 Odor Mitigation Plan
To control odors during 18S, the CAP describes the use of a "shroud" as an engineering control. An Odor
Mitigation Plan was submitted to Georgia EPD on.October 21,2002. Georgia EPD on October 24, 2002
approved the Odor Mitigation Plan (OMP). The Odor Mitigation Plan described engineering controls that
would be used for odor control, in lieu of the shroud.
The corrective action contractor will be required to furnish all required material handling and vapor
containment and treatment equipment for soil amendment operations, stockpiles, and other activities to
meet the limits established in the Air Monitoring and Control Plan, the OMP, and other applicable plans.
This will be coordinated with excavation and ISS work.
2.10 Cleanup Criteria for Off-Site Properties
The limits of excavation are based on known conditions as. determined by an extensive subsurface
investigation of soil borings. The limits of excavation may increase during the corrective action, if
necessary, based on the Verification Sampling Program to detennine compliance with the applicable
RRS. Attachment 3 presents the Cleanup Criteria for Off-Site Properties.
2.11 Verification Sampling Program
The limits of excavation are based on known conditions as determined by an extensive subsurface
investigation of soil borings. The results of the confirmation sampling program may increase the
horizontal and vertical limits of the excavation. The Verification Sampling Program will. determine
compliance with the applicable RRS.
2-8
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Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
Corrective Action Activities
Analytical results from an approved laboratory shall be the fmal confIrmatory process that determines
whether the corrective action measures have met the required RRS. The VerifIcation Sampling Program
is presented in greater detail in Attachment 4.
2.12 Site Restoration
For the Northern Parcel, once excavation and solidifIcation of saturated zone materials have been
completed, the area will be backfIlled to fmal grades with clean soils from either on-site stockpiles or off-
site sources. For the remaining off-site areas, backfIlling to fmal grades will occur immediately after the
acceptance of verification sampling program. Additional backfIll material will come from an approved
off-site location. All backfIll material will meet geotechnical requirements for the current site use of the
parcels in OUs 1 and 2. Following backfIlling, each affected area will be graded to its pre-design
elevation and seeded. Site restoration will include seeding, mulching, and demobilization of all
equipment.
2.13 Canal Restoration
The Canal will be restored to provide a cross section and slope to pass water from a 10-year, 24-hour
storm event. The bottom and side slopes of the Canal will be lined with a geotextile fabric, an aggregate
sub-base, and rip rap. At the top of bank, the Canal will be lined with a cellular confmement system.
Two feet of soil will be excavated and replaced with clean soil from -the limits of the cellular confmement
system to the adjacent property line. This system will provide a protective barrier to preclude human
exposure to underlying soil. Figure 2-2. presents a cross section of the protective barrier system.
Although not required for the corrective action of the Canal, ARC may elect to cover the bottom of the
Canal with concrete in lieu of ~he system described above for such areas. In any event, if ISS is used for
the Canal reach adjacent to the Northern Parcel, a concrete lined channel bottom will be installed as the
protective barrier for that portion of the Canal.
2.14 Property Use and Deed Notices
. The corrective action will be performed on _ approximately 34 individual properties during the course of
the Augusta MGP Project. In some cases, only access to the Canal will be necessary for an individual
property. However, on many of the parcels, some form of corrective-action will be required.
D~ notices, -land use restrictions, and continuing compliance actions will be required on certain
properties in accordance with the Consent Order. Properties remediated by use ofISS will be Type 5. As
required by the Consent Order, an active groundwater remediation program will be provided. Deed
.restrictions, set forth in Section 1.2 above, will be recorded for the Canal. The following sections outline
the current status of negotiations with two property owners, the general procedure for any remaining
property. use restrictions that may be required, and the compliance program. -
2.14.1 Amoco
In 2002, AGLC conducted a further investigation on the Amoco gas station property and have now
delineated the MGP impacts. The MGP impacts are limited to the front part of the property adjacent to
, . ,
Walton Way and along the borders of the Car Wash. The impacted soils on the Amoco property will be
excavated to a Type 2 RRS and the saturated soils will be treated by ISCO. At the completion of
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
December 9, 2002
Corrective Action Activities
corrective action, the unsaturated soils will meet a Type 2 RRS, this property will not be listed on the
Hazardous Sites Index, and residential-type uses and exposures may occur on this property.
2.14.2 Car Wash
In June 2002, AGLC purchased the Car Wash property. If ISCO is the selected treatment for this
property, the property will not require a deed notice. If ISS is the selected treatment, the property will
meet a Type 5 RRS and the appropriate deed notice will be filed.
2.15 Continuing Compliance Actions
A continuing compliance monitoring program will be implemented on all AGLC-owned and non-AGLC-
owned properties where soil impacts in compliance with Types 3, 4, and 5 remain and the Canal. The
properties will be inspected semi-annually by a person knowledgeable of this Final Basis of Design Work
Plan, the applicable RRS, and corrective action measure implemented to ensure that it is being used in
accordance with any environmental land use restrictions filed with the deed. The results of the
inspections will be submitted as part of the groundwater monitoring report to Georgia EPD.
2.16 Groundwater Remediation System
"Active groundwater remediation measures are required where Type 5 RRS are applicable". This
condition of the Consent Order requires ground water to be addressed at the Augusta MGP Project site.
The Georgia EPD March 30, 200 I approval of the CAP specifies the details for the active groundwater
remediation including groundwater monitoring. The groundwater remediation system will be designed
and submitted as a separate document to Georgia EPD for approval.
2.17 Verification of Completion
MACTEC will be AGLC's on-site representative during the Augusta MGP Project corrective action.
MACTEC will provide oversight of the corrective action contractor to ensure that the excavation work,
ISS, ISCO, restoration of site, actual groundwater remediation, and related activities are conducted in
accordance with the Georgia EPD approved documents. MACTEC will verify to AGLC that the work has
been completed in accordance with the approved Georgia EPD Final Basis of Design Work Plan and
other documents, including the Air Monitoring and Control Plan, the groundwater remediation plan, and
the fmal ISCO treatment criteria.
AGLC will submit the documents provided by the corrective action contractor and verified by MACTEC
to Georgia EPD upon completion. MACTEC will prepare for AGLC's transmittal to Georgia EPD a
Corrective Action Completion Report to demonstrate that the work was completed in accordance with
Georgia EPD approved documents. Elements of the Corrective Action Completion Report will include
but are not limited to the following:
· Results of soil confirmation samples from the bottoms and sides of excavations;
· Manifests of disposal for removal of solid waste from the site;
· Results of chemical analysis from the source of clean backfill material;
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Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
Corrective Action Activities
· Results of ISS and ISCO QAlQC program.
The Corrective Action Completion Report will be submitted to Georgia EPD within 120 days after
completion of the Augusta MGP Project.
Georgia EPD will then list on the HSI only those parcels related to the Augusta MGP Project that have
been remediated using Type 5 measures. It is understood that the groundwater remediation system will
be continued by AGLC with semi-annual reports to be submitted to Georgia EPD. The groundwater
remediation system will be considered having demonstrated effectiveness when the COls have not
exceeded the applicable RRS for a period of 3 consecutive years.
2-11
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
References
3.0
REFERENCES
1. Cranston, Robertson & Whitehurst, P.c. (CRW), Augusta Canal Third Level Improvement Study.
prepared for Augusta. Georgia, May 1999.
2. Law Engineering and Environmental Services, Inc., Draft Basis of Design Work Plan. Former
Manufactured Gas Plant. Augusta. Georgia, August 2002.
3. Law Engineering and Environmental Services, Inc., Draft In Situ Chemical Oxidation Treatabilitv
and Treatment Demonstration for MGP Sites, September 2002.
4. ThermoRetec Corporation, Corrective Action Plan. Former Manufactured Gas Plant. Augusta.
Georgia, March 2001.
5. The RETEC Group, Inc., In Situ Solidification Treatability Study Workplan. AGLC Former
Manufactured Gas Plant Site. Augusta. Georgia, July 2001.
6. The RETEC Group, Inc., In Situ Solidification Treatability Study. AGLC Augusta. Georgia,
September 2001.
7. The RETEC Group, Inc., Soil Remediation Pilot Studv Workplan. AGLC Augusta. Georgia,
September 2001.
3-1
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December 9. 2002
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Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
A Itachment I
ATTACHMENT 1
RISK REDUCTION STANDARDS
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JOB NO_ 12000-2-0120
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Final Basis of Design Work Plan December 9, 2002
Atlanta Gas Light Company-Augusta MGP Project A/lachment 2
ATTACHMENT 2
PLANNED CORRECTIVE ACTION ACTIVITY
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Final Basis of Design Work Plan December 9. 2002
Atlanta Gas Light Company-Augusta MGP Project Attachment 3
ATTACHMENT 3
CLEANUP CRITERIA FOR OFF-SITE PROPERTIES
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
Attachment 3
CLEANUP CRITERIA FOR OFF-SITE PROPERTIES
When the word "known" is used in this document, it is referring to soil boring logs collected during
previous investigations. "Visible impacts," or "visual screening," or "qualitative screening" refers to free
product observed in monitoring wells, visual observation during corrective action and materials
determined to be P AH's by the glove/UV light test. "ConfIrmation sampling" refers to laboratory
analysis. Table A3-1 lists the allowable concentrations for each applicable RRS.
OFF-SITE BLOCK E - CHURCH AREA
Impacted unsaturated zone soil shall be excavated to the high water table (125' MSL). Impacted
unsaturated zone soils will meet Type 2 RRS. ConfIrmation sampling shall confIrm that the impacted
unsaturated zone soils have been excavated and that the adjacent soils are a Type 2 RRS. If any sample
exceeds the applicable RRS, additional impacted unsaturated zone soils will be removed until the
applicable RRS is met.
Because of the historic nature of the Church, excavation will not occur closer than fIve feet from the
Church's exterior. At the fIve-foot limit, a two horizontal to one vertical slope can be constructed until
the slope intersects the high water table elevation.
If confmnation sampling results indicate that impacted unsaturated zone soils extend onto Taylor or King
Streets, then Type 4 RRS shall apply as the cleanup criteria for areas of such streets.
No confmnation samples will be collected in the saturated zone soils (e.g., below the high water level).
OFF-SITE BLOCK A - CAR WASH! AMOCO STATION AREA
Impacted unsaturated zone soil shall be excavated to the high water table (125' MSL). Impacted
unsaturated zone soils will meet Type 2 RRS.
ConfIrmation sampling shall confmn that the impacted unsaturated zone soils have been excavated and
that the adjacent soils are a Type 2 RRS. If any sample exceeds the applicable RRS, additional impacted
unsaturated zone soils will be removed until the applicable RRS is met.
If confmnation sampling results indicate that impacted unsaturated zone soils extend onto adjacent
properties, then the current use or, for vacant property, the zoned use of those properties will govern the
RRS that shall be applied as the cleanup criteria for each adjacent property.
No confmnation samples will be collected in the saturated zone soils (e.g., below the high water level).
OFF-SITE BLOCKS G & H - KING STREET PROPERTIES
Impacted unsaturated zone soil for Block H shall be excavated to the high water table (124' MSL).
Impacted unsaturated zone soil for Block G shall be excavated to a depth of two feet. Impacted
unsaturated zone soils will meet Type 2 RRS.
Confmnation sampling shall confmn that the impacted unsaturated zone soils have been excavated and
that the adjacent soils are a Type 2 RRS. If any sample exceeds the applicable RRS, additional impacted
unsaturated zone soils will be removed until the applicable RRS is met.
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
Attachment 3
If confIrmation sampling results indicate that impacted unsaturated zone soils extend onto adjacent
properties, then such properties will be excavated to meet a Type 2 RRS. If confIrmation sampling results
indicate that impacted unsaturated zone soils extend onto Taylor or King Streets, then Type 4 RRS shall
apply as the cleanup criteria for areas of such streets.
No confIrmation samples will be collected in the saturated zone soils (e.g., below the high water level).
OFF-SITE-8th STREET AND WALTON WAY
Impacted and non-impacted unsaturated and saturated zone soils shall be excavated to a 121' MSL (10
feet) on 8th Street and to a depth of 123' MSL (8 feet) on Walton Way. Both of these depths are below
the design high water table elevations. No excavation shall occur in areas supporting or next to adjacent
bridge foundations.
ConfIrmation sampling on the sidewalls shall occur in areas not previously treated by ISS or ISCO.
ConfIrmation sampling on the sidewalls shall confmn that the impacted unsaturated zone soils have been
excavated and that the adjacent soils are a Type 4 RRS. If any sample exceeds the applicable RRS,
additional impacted unsaturated zone soils will be removed until the applicable RRS is met.
If confmnation sampling results indicate that impacted unsaturated zone soils extend onto adjacent
properties, then the current use or, if vacant property, the current zoned use of such properties will govern
the RRS that shall be applied as the cleanup criteria for each adjacent property.
No confmnation samples will be collected in the saturated zone soils (e.g., below the high water level).
OFF-SITE 81h & FENWICK STREETS
Impacted unsaturated zone soil shall be excavated to a depth of 3 feet and to a Type 4 RRS.
ConfIrmation sampling shall confmn that the impacted unsaturated zone soils have been excavated and
that the adjacent soils are a Type 4 RRS. If any sample exceeds the applicable RRS, additional impacted
unsaturated zone soils will be removed until the applicable RRS is met.
If confmnation sampling results indicate that impacted unsaturated zone soils extend onto adjacent
properties, then the current use or, if vacant property, current zoned use of such properties will govern the
RRS that shall be applied as the cleanup criteria for each adjacent property.
No confmnation samples will be collected in the saturated zone soils (e.g., below the high water level).
THIRD LEVEL CANAL
For the canal bottom, excavate all materials, including sediment, to a depth of three and one-half feet
below the proposed canal bottom design or below the existing canal bottom whichever is lower. In
addition, where practicable to avoid ISCO treatment, all known or visual impacts that extend below the
three and one-half feet of excavation shall continue to be excavated, but in no event will the additional
excavation extend more than an additional three feet. No excavation shall occur in areas supporting or
contiguous to adjacent bridge foundations, buildings or culverts. No confIrmation sampling shall be
required in the saturated zone soils (i.e., below the limits of excavation).
For the canal slopes, top of the canal, and on adjacent property, the following criteria shall apply to
unsaturated zone soils:
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
Auachment 3
A. Qualitative screening shall be used to confIrm the limits of excavation for the side
slopes of the Canal.
B. Qualitative screening shall be used to confmn the limits of excavation along the top
of Canal bank.
C. For properties outside the limits of the Canal improvements, confmnation sampling
shall be used to confmn the applicable RRS.
As part of the corrective action, two feet of soil will be excavated and replaced with clean soil from the
top of bank to the adjacent property line along the Canal.
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Atlanta Gas Light Company-Augusta MGP Project
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December 9. 2002
Attachment 3
TABLE A3-1
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
Auachment 3
TABLE AJ-I
Risk Reduction Standards for Soil (mg/Kg)1
Atlanta Gas Light Site, Augusta, Georgia
Type 4
Type 2 Construction
Controlling Worker Direct
Constituent Value Contact
BTEX
Benzene 5.0 48
Ethylbenzene 110 13,000
Toluene 100 5,100
Xylene (total) 4,900 1.0E+05
VOCs
1,1,2- Trichloroethane 14 1,537
1,I-Dichloroethene 0.70 89
1,2-Dichloroethane 0.50 500
Acetone 400 1.0E+05
Bromomethane 1.0 16
Carbon disulfide 400 1,800
Chloroethane 66 30,200
Chloroform 10 4,300
Methylene chloride 0.50 10,000
Styrene 170 31,000
Tetrachloroethene 0.94 4,300
Trichloroethene 1.5 7,700
PAHs
2-Methylnaphthalene 110 990
Acenaphthene 4,700 26,000
Acenaphthy1ene 590 100,000
Anthracene 23,000 100,000
Benzo(a)anthracene 12 820
Benzo( a)pyrene 1.6 82
Benzo(b )fluoranthene 12 820
Benzo(ghi)perylene 2,300 13,000
Benzo(k)fluoranthene 130 8,200
Chrysene 1,300 82,000
Dibenzo( a,h)anthracene 2.0 82
Dibenzofuran 54 8,200
Fluoranthene 3,100 17,000
Fluorene 3,100 17,000
Indeno( 1 ,2,3 -cd)pyrene 12 820
Naphthalene 100 580
Phenanthrene 2,300 13,000
Pvrene 2,300 13,000
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Final Basis of Design Work Plan December 9. 2002
Atlanta Gas Light Company-Augusta MGP Project Attachment 3
TABLE A3-1
'. Risk Reduction Standards for Soil (mg/Kg)\
Atlanta Gas Light Site, Augusta, Georgia
Type 4
Type 2 Construction
Controlling Worker Direct
Constituent Value Contact
Phenolics
2,4-Dimethylphenol 70 8,500
Phenol 400 1.0E+05
Inorganics
Antimony 31 170
Arsenic 20 130
Barium 5,400 30,000
Beryllium 160 850
Cadmium 12 210
Chromium ill 100 100,000
Chromium VI 230 1,300
Cobalt 3,200 26,000
Copper 3,100 17,000
Cyanides (soluble salts and complexes) n.o.s. 130 8,500
Lead 400 1,300
Mercury 23 130
Nickel 700 8,500
Selenium 8.1 2,100
Silver 110 2,100
Thallium 2.8 30
Vanadium { reference only, not regulated
substance} 550 3,000
Zinc 14,000 1.0E+05
. I . .
Notes. Numbers reported ill thiS table have been rounded to two slgmficant d1g1tS
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
ATTACHMENT 4
VERIFICATION SAMPLING PROGRAM
December 9. 2002
Attachment 4
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
Allachment 4
VERIFICATION SAMPLING PROGRAM
The limits of excavation are based on known conditions as determined by an extensive subsurface
investigation of soil borings. The results of the confirmation sampling program may increase the
horizontal and vertical limits of the excavation. The verification sampling program shall determine
compliance with the applicable RRS. Upon receipt of Georgia EPD's approval, confirmation samples
beyond the excavation area will be analyzed only for the constitutes of interest (COI) that were exceeded
in the excavation area.
Sampling Procedures
Off-Site Properties, excluding Canal: As discussed in the CAP, at least one confmnation sample will be
collected along each excavation sidewall. Additional samples will be collected from each 5 feet high by
30 feet wide section along the sidewalls. For those areas where excavation does not encounter the design
high water level, confmnation samples shall be collected on the bottom at a frequency of I sample for
each 30-foot by 30-foot area. Since the excavations in both 8th Street and Walton Way occur below the
high water level no bottom confmnation samples shall be collected.
Excavation on parcels 047-3-340 and 341 owned by Robert L. Washington and 342 and 343 owned by
Florence Evans will extend a nominal 3.25 feet from the top of the Canal onto Mr. Washington and Ms.
Evans properties.
Canal Improvement
The following protocols shall be used within the limits of the Canal improvement which is defmed as
Canal Bottom, Canal Side Slope, and Canal Top of Bank to the limits of Canal lining (i.e., rip rap, river
rock and clean soil).
Canal Bottom: No confmnation sample shall be required. The Canal will be excavated to a depth of
three and one-half feet below the proposed canal bottom design or below the existing canal bottom
whichever is lower.
Canal Side Slope: Known impacts and visual screening shall be used to identify the presence of stained
soil that may be BPLM. Stained soils are black to brown in appearance and the staining is clearly a non-
natural soil discoloration. Upon the visual identification of stained soils, a two-step qualitative screening
process shall be implemented. A sample of the stained soil shall be obtained. The first screening method
will employ the use of latex or nitrile gloves. The stained soil will be rubbed between the fingers of the
gloves, the gloves will then be rinsed with water, and the gloves will be inspected to determine the
presence of brown staining on the gloves. The presence will indicate potential BPLM. If a presence is
determined, then a second step in the screening process may be employed that uses an ultraviolet light
(UV) for determining the presence of polynuclear aromatic hydrocarbons (PAHs). PAHs fluoresce under
UV light.
Canal Top of Bank: Known impacts and visual screening shall be used to identify the presence of
stained soil that may be BPLM. Stained soils are black to brown in appearance and the staining is clearly
a non-natural soil discoloration. Upon the visual identification of stained soils, a two-step qualitative
screening process shall be implemented. A sample of the stained soil shall be obtained. The first
screening method will employ the use of latex or nitrile gloves. The stained soil will be rubbed between
the fingers of the gloves, the gloves will then be rinsed with water, and the gloves will be inspected to
determine the presence of brown staining on the gloves. The presence will indicate potential BPLM. If a
A4-1
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
A I/achment 4
presence is determined, then a second step in the screening process will employ the use of an ultraviolet
light (UV) for determining the presence of polynuclear aromatic hydrocarbons (P AHs). P AHs fluoresce
under UV light.
Canal Adiacent ProDertv
At a minimum, confmnation samples shall be collected no less than I per property owner and no less than
every 100 feet along both sides of the Canal just over the property boundary on the adjacent property.
Analytical results from an approved laboratory shall be the fmal confirmatory process that determines
whether the corrective action measures have met the required RRS.
In addition, the excavation of impacted unsaturated soils will occur on adjacent properties. Where
impacts exist from the Canal side slopes and near or at the top of bank onto the adjacent property,
horizontal excavation shall occur until such property meets the applicable RRS. Where excavation occurs
into the saturated zone (i.e., defmed as the high water table), no bottom samples will be collected for
confmnation sampling. The corrective action contractor may employ a quantitative process before
laboratory confirmation samples are collected. This step may employ the use of a rapid immunoassay
screen such as PAR EnSys@ 12T Soil Test System. The PAR EnSys@ I2T Soil Test System is to be used
as a field indicator after excavation has been completed to the design criteria. This method is reported to
correctly identify 95 percent of samples that are PAR-free and those samples containing I part per million
or greater PARs. The confmnation sampling program described for OfJ-Site Properties, Excluding Canal
shall apply.
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
ATTACHMENT 5
ISS LABORATORY TREATMENT STUDY
AND
ISS PILOT STUDY
December 9, 2002
Allachment 5
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
December 9, 2002
Attachment 5
ISS LABORATORY TREATABILITY STUDY
The preliminary ISS laboratory treatability study was performed in 1999 and 2000. The results of this
study are included in the CAP. Additional laboratory studies were performed in the summer of 2001 with
the goal of refming the application rates of solidification additives obtained in the preliminary treatability
study and determining if other reagents are viable for use in full-scale implementation. Impacted soil
samples were collected from three areas to represent different soil profiles, including a peat soil profile, a
clay soil profile, and a sand soil profile. The mixtures developed for the peat and clay soil profiles in the
treatability study were tested in a full-scale pilot study. The sand soil profile was determined to be similar
enough to the soil encountered in the full-scale pilot test for the Macon MGP Project.
The ISS mixture must meet a number of criteria to meet regulatory requirements and allow for effective
implementation of this corrective action measure. The ISS laboratory treatability study performed for the
Augusta MGP Project was devised to formulate and test ISS mixtures planned for use in a pilot study and
eventually as a corrective action measure for parts ofthe site. The treatability study followed the program
specified in the document titled "In Situ Solidification Treatability Study Workplan" (RETEC, 2001)
which was reviewed and approved by the EPD.
The Georgia EPD-approved performance criteria for the ISS-treated soil were as follows.
· The ISS mixture will exhibit a coefficient of hydraulic conductivity (K) of less than
10.6 centimeter per second (cm/sec).
· The ISS mixture will exhibit an unconfmed compressive strength (UCS) greater than
50 pounds per square inch (psi).
. There will be no free liquids in the specimens of the extruded UCS specimens of the
ISS mixture.
· The ISS mixture will exhibit a wet/dry durability of less than 10 percent mass loss
when subjected to twelve wetting/drying cycles.
Additionally, a Synthetic Precipitation Leaching Procedure (SPLP) test would also be performed on the
ISS mixtures to aid in the selection of a fmal ISS mixture.
Beyond testing mixtures vis-a-vis the regulatory requirements specified above, the treatability study also
served to evaluated the following:
. Volume expansion of the treated soils (swell);
. Ability to pump, inject, and mix gro,ut for the ISS treatment through the hollow kelly
bar of the ISS rig; and
. A vailability and quality of reagents used in the ISS treatment.
This evaluation was performed to insure the workability of the ISS mixtures during full-scale
implementiltio?
The laboratory study was performed in four phases. In the first phase (Untreated Material
Characterization), two composites of untreated materials (average case composite and worst case
composite) were characterized with physical and chemical tests. In the second phase (preliminary
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
December 9. 2002
A/lachmenl5
solidification), simple physical tests were performed on average case materials to evaluate a range of
reagents and application rates. In the third phase (intermediate solidification), the reagent types and
application rates were refmed and more detailed physical tests on the average case materials were
performed including DCS and permeability tests. In the fourth (optimization) phase, a full suite of tests
(including SPLP) was performed on ISS mixtures made with average and worst case materials.
Based on the data generated during the Augusta MGP Project ISS treatability and pilot studies, the
following conclusions were drawn.
· Grouts comprised of Portland cement and bentonite and grouts comprised of Portland
cement, Blast Furnace slag and bentonite are both viable options and one of each type
was chosen for full scale testing in the ISS pilot study.
· The use of different mixtures for different areas of the site is warranted based on
three distinct soil types (sand, clay, and peat). Each type of soil requires a different
Portland cement based grout formulation and injection percentage.
· The workability of the grouts was acceptable. Increasing the water content of the
grout tended to improve workability and reduced the permeability of the ISS
mixtures. Changing the water content of the grout did not produce a discernable
change in ISS mixture strength.
· A mixture with 6 percent Portland cement, 0.5 percent to 1 percent bentonite and 20
percent water by weight will meet the regulatory criteria for the predominantly sandy
soils.
· A mixture with 10.5 percent Portland cement, 0.2 percent thinner, and 19 to 30
percent water will meet the regulatory criteria for the clayey soils.
· A mixture with 15 percent Portland cement, 0.25 percent bentonite, and 20 to 28.8
percent water will meet the regulatory criteria for the peat soils.
~ The hydraulic conductivity of the selected mixtures is in the 10.7 to 10.8 cm/sec
range at 28 days of curing, or 1 to 2 orders of magnitude better than the
established criterion (1 0.6 em/see).
~ The DCS of the selected mixtures is greater than 100 psi after 28 days of curing,
which is a factor of 2 better than the established criterion (50 psi). Strength
might further improve with additional curing time.
~ ISS treatment effectively binds the presence of free product within the stabilized
mass.
~ Wet/dry durability is a sensitive function of the percent cementitious materials
added. There appears to be a threshold in the 6 percent to 7 percent cementitious
material by weight below which durability is negatively affected. The mixtures
formulated in the optimization phase, which included less cementitious materials,
were mostly marginal or failed the wet/dry durability criteria. This was one of
the reasons for selecting mixtures formulated in the intermediate phase for the
ISS pilot study.
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
December 9; 2002
Allachment 5
. For all mixtures tested, the SPLP leachate exhibited a 99.93 percent to 100 percent
reduction in total contaminants (VOC's, SVOC's, and total cyanide) with respect to
the untreated samples.
. All mixtures tested had qualitatively similar SPLP results; as such the SPLP test
could not be used to differentiate between mixtures.
The results presented above are contained in a report titled "In Situ Solidification Treatability Study"
(RETEC,2001).
AS-3
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Final Basis of Design Work Plan
Atlanta Gas Light Company-Augusta MGP Project
December 9, 2002
Attachment 5
ISS PILOT STUDY
Prior to full-scale implementation, several full-scale production variables needed to be evaluated and
tested. The ISS pilot study, summarized below, was conducted to evaluate these variables and refme
construction methods and materials for full-scale implementation.
The main objectives of the pilot study included:
· Identify any potential constructability issues associated with the excavation of soils,
dewatering, preparation of a work platform, the sequence of excavating soils below
the work platform, and the solidification sequence
· Collect data regarding various aspects of ISS operation
· Recommend ISS grout mixtures for full-scale implementation
· Evaluate implications of full-scale production rates
· Provide a demonstration of the ISS technology to the EPD
The pilot study was conducted over a 9-day period from October 1,2001 to October 11,2001. Prior to
the pilot study, an area was excavated to an ISS working platform elevation. Before each column was
installed, a pre-ISS excavation area was removed, so that only saturated soils would be treated and to
create a holding area for any excess material generated (swell). Samples of the solidified soils were
collected at different times after treatment and tested to evaluate the ISS treatment process.
Based on the results of the pilot study, the work sequence evaluated (working platform preparation,
followed by pre-ISS excavation, followed by ISS treatment) will be the approach used for full-scale
implementation.
Several full-scale implementation issues were evaluated during this pilot study including:
· ISS mixing methods and equipment
· Capability of the ISS rig to penetrate into saprolite
· Comparison ofIaboratory and field results
. Swell management
· Sampling and quality control methods
. Grout mixture recommendation
· Production rate implications
Two mixing methods were tested, and based on this testing; a mixing procedure labeled the "interval
mixing method" was determined to be successful for ISS treatment. This method was able to provide
acceptable mixing quality, while also providing the most efficient approach to ISS treatment.
The R-622 HD ISS drill was capable of penetrating at least 5 feet into saprolite, with some limitations in
areas of harder saprolite material. This capability meets the needs of the full-scale implementation.
Comparisons between the data obtained from the pilot study and the treatability study showed generally
consistent results. This indicates that the treatability results are a good predictor of actual field
performance.
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Atlanta Gas Light Company-Augusta MGP Project
December 9, 2002
Attachment 5
Expected swell from the ISS treatment is 20 percent to 40 percent. This volume of swell is manageable at
the site. Swell should be totally contained in the pre-ISS areas in some cases therefore eliminating the
need for swell management.
Two sampling methods were evaluated in the pilot study, in situ sampling and Geo-probe sampling. Geo-
probe sampling resulted in some disturbed samples and is not recommended for full-scale
implemen~tion. In situ sampling proved to be a better method for obtaining samples.
Mixtures evaluated met the UCS, penneability, durability, and lack of free liquids criteria, and thus
provided acceptable solidification of BPLM impacted soils. Water amounts can be varied within some
workability limits. The mixtures tested were considered workable. A statistical analysis has been
perfonned analogous to that presented in Appendix A of the report titled "Soil Remediation Pilot Study
Workplan" (RETEC, 2001). This statistical analysis indicates that by using the proposed sampling
frequency, there is a 99 percent probability that the greatest circular "hot spot" that would fail our mixing
criteria is only 0.19 percent of the site area for a 10 feet auger, and a 99 percent probability that the "hot
spot" is 0.13 percent of the site area for a 8 feet auger.
The pilot study was able to provide some insight on the production rates of full-scale production. FuIl-
scale rates however, can be expected to be greater than observed in the pilot and will not be realized until
full-scale implementation takes place.
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