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Home My WebLink AboutAugusta Brownfields Redevelopment Project Augusta Richmond GA DOCUMENT NAME: o.U~'t;;\O. b~e.\d~ ,(eOC~ e:b\:::lY\e.n-t'?y-O~+- DOCUMENT TYPE: \J'O?~ YEAR: C{\ BOX NUMBER: \ \ FILE NUMBER: \ <5D\ ~ NUMBER OF PAGES: \5l.9 I "" I .1 I I I I I I I I I I I I I I I I J - ;j~ -# /.5tJ / 3- ~_IDOO REQUEST FOR PROPOSALS . AUGUSTA-RICHMOND COUNTY AUGUSTA, GEORGIA NOVEMBER 1999 I I I I I I I I I I I I I I I I I I I CONTRACT THIS CONTRACT, made this / g/lv day of ~llf7/.Jm~I2.--, 2000, by and between Augusta-Richmond County, hereinafter called "Owner" and Gannett Fleming Project Development Corporation, hereinafter called "Contractor." WITNESS: That for and in consideration of the payments and agreements hereafter mentioned: 1. The Contractor will commence and complete the Augusta Browndfields Redevelopment Project Environmental Site Assessment and Site Reuse Feasibility Assessment. 2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the sit'e work and completion of the project described herein. 3. The Contractor will commence work required by the Contract Documents on or before a date specified in the written Notice to Proceed and will complete the same within 243 calendar days unless the period for completion is extended otherwise by the Contract Documents. The Contractor will complete each task within time period according to August 16, 2000 Project Schedule submitted to the Owner. The Contractor further agrees to pay as liquidated damages, the sum of $300.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the'terms therein for the sum of not to exceed $150.000 (includina an allowance of $36.000 for unforeseen conditions). 5. The term "Contract Documents" means and includes the following: (A) Request for Proposals including following Attachments Contract Conditions Augusta-Richmond County Standard Contract Services Project Cooperative Agreement Terms & Conditions (B) Contract (C) Payment Bond (D) Performance Bond (E) Notice of Award (F) Notice to Proceed (G) Change Order(s) Augusta Brownfield Project Contract Page - 1 I I I I I I I I I I I I I I I 1 I I I 6. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Contract shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Contract in five (5) copies each of which shall be deemed an original on the date first above written. ~ ~.a~ Name Jeril-1 A~ 0~rint or Type) ~ . -, ""' Title ~= (SEAL) "5 ~ - ~~ "<j ';/ ~~ I. Augusta Brownfield Project Contract Page - 2 I I I I I I I I I I I I I I I I I I I CONTRACTOR: Gannett Fleming Project Development Corporation By: Name: David L. Sheridan (Please Print or Type) Title: Senior Vice President Address: 207 Senate Avenue Camp Hill, PA 17011 ~~ Name Ruby L. Ile (please Print or Type) Title Asslstant Secretary \;." ,_\ ' \\. 1/: '-',."/.r.:-.. ".-' - "'~. ,',; -.::;.-.....:.. ~ ...s ,_I "J./4/\ {~))-~~~ f' ~:'\~~ ~ ~ ~< \~~ _~~ ll..: _ ~~,} (S8~tt.- v;', - ,,~ ~ '~~"r~~~' ., ~ . - ,,' ,__:>~~ Note: Attest for a Corporation must be by the corporate secretary; for a partrlership' by another partner; for an individual by a Notary. Augusta Brownfield Project Contract Page - 3 I.... I I I I I I I I I I I I I I I I I I Bond #929-159-637 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that G3nrett FJ.ani.nJ Proja:tD::?"elq;nB1t CbJ a corporation of the State of Delaware , the "Principal," and American Casualty Company of Reading, Pennsylvania 1101 Market Street, 25th Fl.. Philadelphia. PA 19107 Name and Address of Surety the "Surety," are held and firmly bound unto Augusta-Richmond County (the "Owner") existing under and by virtue of the laws of the State of Georgia, in the sum One Hundred Fifty Thousand and 00/100--------------- of ($150.000.00) in lawful money of the United States, fOi the payment of which sum in lawful money of the United States well and truly to be made we do hereby bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally. The condition of this obligation is such that whereas Principal has entered into a certain Contract with the Owner, dated as of the day of , 20_, which is by reference incorporated in and made a part hereof as fully as if copied here verbatim, for the following work: Augusta Brownfields Redevelopment Project Environmental Site Assessment and Site Reuse Feasibility Assessment NOW, THEREFORE, if the Principal shall fully pay for all the labor and materials used by said Principal or any immediate or remote subcontractor or furnisher of labor or materials under him in the performance of the work in lawful money of the United States as the same shall become due, including all amour:tts due for materials, lubricants, oil, gasoline, electricity, coal and coke, repairs on machinery, equipment, and tools, consumed or used in connection with performance of the work and all insurance premiums and other charges incurred under said contract, then this obligation shall be void; otherwise to remain in full force and effect. Principal and Surety further bind themselves, their heirs, executors, administrators, and assigns, jointly and severally, that they shall promptly make payments of all taxes, licenses, assessments, contributions, penalties, and interest thereon, when, and if, the same may be lawfully due the State of Georgia or any County, Municipality, or political subdivision thereof by reason of and directly connected with the performance of the Contract, or any part thereof. Augusta Brownfields Project Payment Bond Page. 1 1\' I I I I I I I I I I I I I I I I I I ... And the Surety, for value received, hereby stipulates and agrees thatfhe obligations of the Surety and this Bond shall in no way be impaired or affected by any extension of time, modification, omission, addition, or change in or to the contract, the work to be performed thereunder, or by any payment thereunder before the time required therein, or by any waiver of any provision thereof, or by any assignment subletting or other transfer thereof, or of any part thereof, of any work to be performed, or of any moneys due to become due thereunder; and the said Surety does hereby waive notice of any and all such extensions, modifications, omissions. additions, changes, payments, waivers, assignments, subcontracts, and transfer, and hereby stipulates and agrees that any and all things done and omitted to be done by and in relation to executors, administrators, successors, assignees, subcontractors, and other. transferees shall have the same effect as to said Surety as though done or omitted to be done by and in relation to the Principal. IN WITNESS WHEREOF, the Principal and Surety have executed this Bond by causing their respective names to be hereunto subscribed and their seals to be hereunto affixed by their duly authorized officers, on this the 20th day of September ,20..1ill...-. CONTRACTOR - PRINCIPAL: Gannet~lopment corporatic By: . Name: David L. Sheridan (Please Print or Type) Title: Senior Vice President ~r(/J~ Name Ruby L. Ile Wlease Print or Type) Title Asslstant Secretary (SEAL) Note: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a Notary. Augusta Brownfields Project Payment Bond Page. 2 I'" I I I I I I I I I I I I I I I I I I CO~. :~. ~~IS!DB>> USIDKNT j.i;DI'r ~ rt\A. ~ ~. l-+o.4L2..u. F F WITNESS: " ,~ sJ~ Name Irma Torres (Please Print or Type) Title Witness as to sure tv SURETY: American Casualty Company of ~:::;/~~ Name: Darella White (Please Print or Type) Title: Attorney-In-Fact Agency: Aon Risk Services. Inc. One Liberty Place 1650 Market St., Ste. 1000 Address: Philadelphia, PA 19103 (SEAL) Note: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located, Augusta Brown fields Project Payment Bond Page - 3 I" I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT "now All Men By These Presents. That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Darella E. White, Neil C. Donovan, Richard A. Jacobus, Individually I I I of Conshohocken, Pennsylvania their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - I and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 7th day of August 2000 State of Illinois, County of Cook, ss: On this 7th day of August , 2000 ,before me personally came Michael Gengler, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. ............................ : .OFFlCIAL SEAL- : : DIANE FAUU<NER : : Neary ....... IIate of IIl1ncn : : My CoImdIIIDn ""'1~'"7!C?~ .; My Commission Expires September 17, 2001 I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20th day of September 2000. CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ~a I I I I I I I I I I I I I (Rev.10/1/97) CERTIFICATE CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA -{k-~ ~~ Michael Gengler Group Vice President >>~ \:-~ Diane Faulkner Notary Public Mary A. Ribikawskis Assistant Secretary Authorizing By-Laws and Resolutions I ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: I This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "ArtlcleIX-Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and I execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact." I This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. I "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company: I 1 This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI--Executlon of Obligations and Appointment of Attorney-In-Fact Section.2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and I execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact.w I ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: I This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. I "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is . attached, continue to be valid and binding on the Company.w I I ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. MRESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from I time to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or I the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." I This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of february, 1993. MRESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation: I I I I~ I I I I I I I I I I I I I I I I I I '. Bond #929-159-637 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that GInrett Fl.emirg Proja::t ~ O:lJ:pJratim , a corporation of the State of Delaware , the "Principal," and American Casualty Com any of Reading, Pennsylvania 1101 Market Fl. Philadel hia PA 19107 Name and Address ot Surely the "Surety," are held and firmly bound unto Augusta-Richmond County (the "Owner") existing under and by virtue of the laws of the State of Georgia, in the sum Q"Q.e HUBdred rifty Thousand and 00/100------;-- f . d of (:p 150, 00.00 In law ul money of the Umte States, for the payment of which sum in lawful money of the United States well and truly to be made we do hereby bind ourselves, our heirs. executors, administrators, successors, and assigns jointly and severally. The condition of this obligation is such that whereas Principal has entered into a certain Contract with the Owner, dated as of the day of , 20_, which is by reference incorporated in and made a part hereof as fully as if copied here verbatim, for the following work: Augusta Brownfields Redevelopment Project Environmental Site Assessment and Site Reuse Feasibility Assessment NOW, THEREFORE, if the Principal shall in all respects comply with and perform all the terms and conditions of the Contract (which includes Specifications, and Contract Documents) and such alterations as may be made in said contract as the documents .therein provide for, during the original term thereof and any extensions thereof which may be granted by the Owner, with or without notice to Surety, and during the one year warranty period, and if Principal shall satisfy all claims and demands and shall indemnify and save harmless the Owner against and from all costs, expenses, damages, injury, or conduct, want of care, skill, negligence, or default, including compliance with performance guarantees and patent infringement by the Principal, then this obligation shall be void; otherwise, Principal and Surety jointly and severally agree to pay to Owner any difference between the sum to which the Principal would be entitled on completion of the contract and that which the Owner may be obliged to pay for the completion of the work by contract or otherwise, together with any damages, direct or indirect, or consequential, which Owner may sustain on account of such work, or on account of the.failure of the Principal to keep and execute all provisions of the Contract. Augusta Brownfield Project Performance Bond Page - 1 I" I I I I I I I I I I I I I I I - ". Principal and Surety further bind themselves, their heirs, executors, administrators, and assigns, jointly and severally, that if the Principal shall keep and perform its agreement to repair or replace defective work or equipment during the warranty period of one (1) year as provided, then this paragraph shall be void; but if default shall be made by Principal in the performance of its contract to so repair or replace said work, then this paragraph shall be in effect and Owner shall have and recover from Principal and its Surety damages for all defective conditions arising by reason of defective materials, work, or labor performed by or on the account of Principal and it is further understood and agreed that this obligation shall be a continuing one against the Principal and Surety hereon, and that successive recoveries may be had hereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation therein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time; and to fully save and hold the Owner harmless for any damages it may be caused to pay on account of injury to person, loss of life or damage to property. And the Surety, for value received, hereby stipulates and agrees that the obligations of the Surety and this Bond shall in no way be impaired or affected by any extension of time, modification, omission, addition, or change in or to the contract, the work to be performed thereunder, or by any payment thereunder before the time required therein, or by any waiver of any provision thereof, or by any assignment subletting or other transfer thereof, or of any part thereof, of any work to be performed, or of any moneys due to become due thereunder; and the said Surety does hereby waive notice of any and all such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts, and transfer, and hereby stipulates and agrees that any and all things done and omitted to be done by and in relation to executors, administrators, successors, assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by and in relation to the Principal. IN WITNESS WHEREOF, the Principal and Surety have executed this Bond by causing their respective names to be hereunto subscribed and their seals to be hereunto affixed by their duly authorized officers, on this the 20th day of September ,20 00 Augusta Brownfield Project Performance Bond Page - 2 I' I I I I I I I I I I I I I I I I I I CONTRACTOR - PRINCIPAL: Gannett Fleming Project Development Corporati, By: O~( - Name: David L. Sheridan (Please Print or Type) Title: Senior Vice President ~~ Name Ruby L. Ile (Please Print or Type) Title Assistant Secretary (SEAL) Note: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a Notary. SURETY: Name: Darella White (Please Print or Type) Title: Attorney-In-Fact 'W r~~~1\ rt.!)'aS!D8 ~IDUT .l;:In ::s;;.N\e.5 Q.. ~R. u..(:.+:' Philadelphia, PA 19103 . Agency: Aon Risk Services, Inc, One Liberty Place 1650 Market St" Ste 1000 .~ '.~ Address: Augusta Brownfield Project Performance Bond Page . 3 I~ I I I I I I I I I I I I I I I I I I WITNESS: "~-~ ,-j~ Name Irma Torres (Please Print or Type) Title Witness as to surety (SEAL) Note: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. Augusta Brownfield Project Performance Bond Page - 4 I I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Darella E. White, Neil C. Donovan, Richard A. Jacobus, Individually I I I of Conshohocken, Pennsylvania their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - I and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 7th day of August 2000 State of Illinois, County of Cook, ss: On this 7th day of August , 2000 ,before me personally came Michael Gengler, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. ...........................: : -OFFICIAL SEAL- · : DIANE FAUU<NER : . : Neary ....... IIate of IIl1ncn . ~ My CoIMIiaIon ExpIra 1~'.7~~."; My Commission Expires September 17, 2001 I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20th day of September 2000. CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA ~a I I I I I I I I I I I I I (Rev.10/1/97) CERTIFICATE CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ~~ ~r- Michael Gengler Group Vice President >>~ \:-~ Diane Faulkner Notary Public Mary A. Ribikawskis Assistant Secretary I Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: I This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "ArtIcle IX-Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to I the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact." I This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of I Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. MResolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." I I ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUAL TV COMPANY OF READING, PENNSYLVANIA: I This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI--Executlon of Obligations and Appointment of Attorney-In-Fact Section.2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to I the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." I This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of I Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. MResolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." I I ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. MRESOLVED: That the President, an Executive Vice President. or any Senior or Group Vice President of the Corporation may, from I time to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument I and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." I This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. I MRESOL VED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." I I I PRODUCER (717) 761-4600 FAX (717) 761-6159 unn-Mowery Insurance Group, Inc. P. 0, Box 900 Camp Hill, PA 17001-0900 Attn: Ext: " ~~71;;~~~~ 1 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY Legion Insurance Company A I I INSURED Gannett Fleming Project Development Corp. POBox 67100 Harrisburg, PA 17106 COMPANY B I COMPANY C CO' LTR rCOVERA ~~r; . '" ,:i'~( THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. liMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . . I i POLICY EFFEcnvE : POLICY EXPIRAnONI I DATE (MMIDDIYY) i DATE (MM/DDIYY) I GENERAL AGGREGATE i $ i PRODUCTS - COMP/OP AGG I $ ! PERSONAL & ADV INJURY i $ 02/01/2002 ~ I EACH OCCURRENCE i $ I I-FIRE DAMAGE (Anyone fire). 'I $ I-- I : MED EXP (Anyone person) 1 $ COMPANY D I I I I , GENERAL LIABILITY I :)(] COMMERCIAL GENERAL LIABILITY I '. - I ~ CLAIMS MADE I X I OCCUR! A ~I ~ GLl1574002/GL21574002 OINNER'S & CONTRACTOR'S PRall " X j !'er job aggregate , 1 ! LIMITS TYPE OF INSURANCE POLICY NUMBER I I AUTOMOBILE LIABILITY X ' ANY AUTO . i ALL OINNED AUTOS : SCHEDULED AUTOS A -: HIRED AUTOS : NON-QINNED AUTOS 2,000,000 1,000 000 1,000,000 1, 000 I 000 500,000 10,000 I ,CAl1574003/CA21574003 ; i COMBINED SINGLE LIMIT I $ i . I : 1, BODILY INJURY ',' $ I ! (Per person) i 09/01/2000 I 02/01/2002 ! ; ; , i BODILY INJURY : ; (Per accident) I $ 1,000,000 I I . -...; : PROPERTY DAMAGE I i$ , I GARAGE LIABILITY - ANY AUTO , AUTO ONLY - EA ACCIDENT i $ ; OTHER THAN AUTO ONLY: It '(i.~~ I EXCESS LIABILITY , . UMBRELLA FORM _...1 X OTHER THAN UMBRELLA FORM WORKERS COMPENSAnON AND : EMPLOYERS' LIABILITY EACH ACCIDENlj $ AGGREGATEi $ : EACH OCCURRENCE ! $ i-- I AGGREGATE f-- 1$ 1$ 1_- I I I -1--.1 'WCI1574001/WC21S74001 INCL r; EXCL i I i ~L11574002/GL21574002 [ i_X jTORYLlMITSi ; ER.[~~i~'~~~~~1\~~j ! 09/01/2000 : 02/01/2002 :EL EACH ACCIDENT ! $ 100,000 I' - ; I EL DISEASE - POLICY LIMIT: $ 500,000 , I ! EL DISEASE - EA EMPLOYEE/ $ 100.000 I Blanket Additional Insured ! 09/01/2000 j 02/01/2002 Liability Subrogation Waiver Liability to be Primary A . THE PROPRIETOR! PARTNER~ECUTNE OFFICERS ARE: OTHER When and as required A by signed written contract prior to I project inception DESCRIPnON OF OPERAnONSlLOCAnONSlVEHICLESlSPECIAL ITEMS OB #953-1004 Augusta Brownfields Redevelopment lternatives study, land reuse study) legiOn 953 EJ AtE- .' I Project (Phase 1 & 2, SSA. risk evaluation remedial I AUGUSTA-RICHMOND COUNTY DEPT OF PUBLIC WORKS AND ENGINEERING ENVIRONMENTAL ENGINEERING SECTION ATTN DR HAMEED P E 530 GREEN ST RM 701 AUGUSTA, GA 30911 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRAnON DATE THEREOF, THE ISSUING COMPANY W1LENDEAVOR TO MAIL -1D-. DAYS WRITTEN NonCE TO THE CERnFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NonCE SHALL IMPOSE NO OBLlGAnON OR LIABILITY I OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATlllES. AUTHORIZED REPRESENTAnVE ~ 17l~dLV o , ~R~Crlrt:'fJ9 I ;;,~,~~-ao\;-,,-., Lorraine I I I I I I I I I I I I I I I I I I 1 REQUEST FOR PROPOSALS RFP ITEM #99-132 Augusta Brownfields Redevelopment Project Environmental Site Assessment and Site Reuse Feasibility Assessment The Augusta-Richmond County is seeking professional environmental consulting services from a qualified and experienced team to assist with Phase I and Phase II Environmental Site Assessment (ESA), potential risk evaluation, risk based corrective action and cleanup requirements, alternate cleanup remedies and site potential reuse options. The consulting team must consist of firms and/or individuals having the ability to provide professional services necessary for: (1) preparation of Quality Assurance Project Plan (including soil and groundwater sampling plan and health & safety plan) in accordance with EPA guidance documents; (2) preparation of a Phase I ESA; (3) preparation of a Phase II ESA in accordance with applicable Georgia Environmental Protection Division (EPD) and ASTM standards (4) generation of site specific risk assessment protocol; (5) development of risk based remediation standards in light of site proposed potential reuse options; design of a remediation approach that evaluates the most cost- effective remedy for the intended end uses under the proposed reuse plan in the Brownfields Redevelopment Area. Assessment sampling and analysis shall be performed according to EPA approved quality assurance plan. The consulting team shall have good knowledge of Georgia State Environmental Rules & Regulations and working relations with EPD. Interested firms must contact Augusta-Richmond County Purchasing Department, 530 Greene Street, Room 605, Augusta, GA 30911; Telephone (706) 821-2422, for the Request for Proposals (RFP) document. The RFP contains detailed and specific information about the scope of services, submission requirements, and selection procedures. RFP document copies must be obtained for bidding purposes at the Purchasing Office upon payment of $40.00 (non-refundable) for each set of document issued. Submission packages must be delivered to the Purchasing Department, 530 Greene Street, Room 605, Augusta, Georgia 30911 not later than 3:00 PM on Wednesday, December 29, 1999. Proposers/Bidders are requested to submit seven (7) copies of their proposal document with one (1) of those copies being unbound/loose. Bids submitted after the designated hour will be deemed invalid and returned unopened to the Bidder. A 10% Bid Guarantee will be required. The successful bidder of this Contract will be required to furnish a satisfactory Performance Bond and Payment Bond in the amount of 100% of the Bid. A conditional or qualified bid will not be accepted. Award will be made as a whole to one bidder. Each Bid must be submitted in a sealed envelope, addressed to the Augusta- Richmond County (Owner), Each sealed envelope containing a Bid must be plainly I I I I I I I I I I I I I I I I I I I marked on the outside as, "Bid Item #99-132, Bid for Augusta Brownfields Redevelopment Project. The owner reserves the right to waive any informality or to reject any or all bids, to evaluate bids, and to accept any bid which in his opinion may be for the best interest of the Owner. Bidders are cautioned that sequestration of bidding documents through any source other than office of the Purchasing Department is not advisable. Acquisition of bidding documents from unauthorized sources placed the bidder at risk of receiving incomplete or inaccurate information upon which to base his proposal. A mandatory prebid conference will be held at Augusta-Richmond County Purchasing Department, 530 Greene Street, Room 605, Augusta, Georgia 30911 on Thursday December 2, 1999 at 10:00 AM. Any bidder that does not attend the prebid conference will be disqualified from bidding and his/her bid will not be accepted. It is the wish of the Owner that minority and/or woman owned business be given the opportunity to bid on the various part of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. Only Firms registered with the Augusta-Richmond County EEO Office will count toward MBE/WBE goal; therefore, bidders need to ensure MBE/DBE are registered with Augusta-Richmond County. Contact Ms. Brenda Byrd-Pelaez- Equal Opportunity Director [Room 211 - Municipal Building, 530 Greene Street, Augusta, Georgia 30911; Telephone (706) 821-2403; Email: bb7922@co.richmond.ga.us] for additional information and registration. Augusta Brownfields Redevelopment Project is funded by US Environmental Protection Agency through a Federal Grant and Federal requirements will be applicable to this Contract under 40 CFR Part 30, Part 31 and Part 35, as applicable. No Bidder may withdraw his/her Bid within ninety (90) days after the actual date of the opening thereof, AUGUSTA-RICHMOND COUNTY, GEORGIA (Date) I I I I I I I I I I I I I I I I I I I Request For Proposals Augusta Brownfields Redevelopment Project Augusta-Richmond County, Augusta, Georgia Page - 1 - - REQUEST FOR PROPOSALS AUGUSTA BROWNFIELDS REDEVELOPMENT PROJECT ENVIRONMENTAL ENGINEERING SERVICES Section 1.0 Introduction and Backqround The Augusta-Richmond County is seeking proposals from professional environmental consulting firms with experience in hazardous site investigation & risk evaluation and Brownfields site assessment and redevelopment preferably in the State of Georgia and experience in development of EPA Quality Control Project Plan document. EPA has selected the City of Augusta for a Brownfields Pilot. The Pilot targets the 1 0.8-acre Goldberg Brothers salvage yard. The site is located on Dan Bowls Road in Hyde Park Subdivision, next to a residential area and creates a real health and safety hazard. The site has operated as a salvage yard for the past 30 years with historic environmental hazards. The salvage yard was closed in 1998. The former use of the site prior to salvage yard was community vegetable gardens. The neighborhood residents suffer from numerous health problems perceived to be associated with exposure to toxic chemicals. Community complaints led to limited investigation by Federal and State regulatory agencies. High levels of Metals and PCBs were found in soil and mercury was found in groundwater. The site appears to present a health risk via exposure to soil, groundwater and surface water. The Augusta-Richmond County with the assistance of residents of the area and business community wants to redevelop the site for commercial/industrial use. The Brownfields Grant provides resources for assessment of nature and extent of the contaminants suspected to be present at the site. Section 1.2 Professional Services Requested selected major services are: Phase I Environmental Site Assessment; Phase II Environmental Site Assessment; Risk Based Corrective Action Remedial Standard; Alternate Cleanup Remedies; Site Potential Reuse Option; and Potential Brownfields Sites Inventory. I I I I I I I I I I I I I I I I 1 I I Request For Proposals Augusta Brownfields Redevelopment Project Augusta-Richmond County, Augusta. Georgia Page - 2 - Limited available information indicates that soil, surface water and groundwater (may be) are impacted by the site operations. Comprehensive Phase I and Phase II ESAs, funded by Brownfields Grant, will be conducted at and around the site to generate information that would be a key factor in site reuse decision making. 1.2.1 Phase I Environmental Site Assessment Phase I ESA shall be conducted in general accordance with the ASTM latest standard and/or equivalent acceptable standards within the State of Georgia, Phase I task shall include but not limited to mapping and inventory of on site hazardous waste and material of concern; possible identification of suspected material of concern; mapping of obvious surficial contaminated areas; and mapping of site various operations location. Property historic use research is not required. Phase I shall also include on-site radiation survey. 1.2.2 Phase II Environmental Site Assessment Project and site specific Quality assurance Project plan (QAPP) and health and safety plan shall be developed prior to initiation of sampling and analysis program. QAPP shall be prepared in accordance with EPA Quality Assurance Guidance for Conducting Brownfields Site Assessments documents. Implementation of the QAPP will be subject to the Plan approval by EPA. Phase II site work shall include but not limited to soil and groundwater sampling and testing for constituents suspected to be associated to site operations; analysis of selected samples for a spectrum of compounds to rule out possibility of other contaminants of concern; and limited offsite media sampling to establish background level of constituents of interest. Sample locations shall be selected to determine the extent of contamination at the site and to determine whether or not the site is in compliance with the Georgia State's clean-up standards. Scope of work shall also include sampling and testing of at least 10 soil samples from the location selected by the Augusta Brownfields Commission. The Consultant shall provide a technical approach and its associated scope of work to produce a site specific comprehensive ESA document. 1.2.3 Risk Reduction Standards Based on risk assessment procedures, risk assessment shall be performed and risk reduction standards that are protective of human health for site I I I I I I I I I I I I I I I I I Request For Proposals Augusta Brownfields Redevelopment Project Augusta-Richmond County, Augusta, Georgia Page - 3 - specific exposure assumptions shall be determined. Applicable Federal and Georgia State rules, regulations and guidance shall be followed to determine the risk reduction standards. "Risk-based remediation standards" shall be determined using the equations described in the Georgia State's rules regarding the risk reduction standards. 1.2.4 Alternate Cleanup Remedies and Site Potential Reuse Site future potential redevelopment assessment shall be performed and economic feasibility shall be evaluated. Various innovative remedies shall be addressed based on the risk reduction standard criteria. Most cost- effective remedy shall be identified that will be protective of both human health and environment for the intended use of the site and will be an acceptable remedial solution by the Georgia State environmental regulators. Proposed action shall include those activities required to bring the site into compliance with the Georgia State's clean-up standards. The Consultant shall demonstrate understanding of the technology and methodology of the proposed most cost effective remedial option. 1.2.5 Potential Brownfields Sites Inventory Potential Brownfields sites in Augusta shall be identified and documented based on public input, visual observations and historic evidence, if any. Section 1.3 Utilities There is no water or electricity at the site. The (Augusta-Richmond County) Owner is not responsible to provide utility services for the Project. Section 1.4 Services Schedule The projected start date is February 1,2000 and late start is March 1, 2000. Final approved QAPP is critical to finish the project within required time period. The estimated time for preparation and submittal of Draft QAPP to City is five weeks from the issue date of notice to proceed. EPA requires generally 45 days for review and approval. Estimated time for the completion of the project is 10 months. There will be 30-60 day grace period for a time extension by change order before liquidated damages are considered. Section 2.0 Consultant Qualifications . . Qualifying firms must demonstrate experience in hazardous site and brownfields site assessment and management and preparation of QAPP according to EPA guidance. The proposal shall include the following: . . I I I I I I I I I I I I I I I I I I I Request For Proposals Augusta Brownfields Redevelopment Project Augusta-Richmond County, Augusta, Georgia Page - 4 - > Firm Experience in hazardous and brownfields site assessment and cleanup preferably in the State of Georgia; > Firm experience in preparation of QAPP document; > Firm experience in relevant projects preferably in the State of Georgia; > Firm experience in development of risk reduction standards and regulatory agency response preferably in the State of Georgia; > Firm experience in innovative and cost-effective remedial technology and its successful application preferably in the State of Georgia; > Firm experience in hazardous site/brownfields site potential reuse assessment; > Firm experience in reconnaissance and exploration of potential brownfields sites; and > Firm experience in project management. Section 2.1 Standards Standard of the work will be governed as follow: (1) EPA and GA EPD Guidance (2) ASTM Standards (3) Manufacturers Instructions (4) Industry Standards (5) Specifications Section 2.2 Insurance and Indemnity The Consultant must provide the County with a certificate of insurance for liability coverage in the amount of $1,000,000.00 and shall name both Augusta Brownfields Commission and Augusta-Richmond County as additional insured. The liability insurance shall be written to cover not only damage to property of third parties but also damage to property of the Augusta-Richmond County caused by the consultant. The Consultant shall indemnify, defend and hold harmless Augusta-Richmond County and the Augusta Brownfields Commission for any claim, action, lawsuit, damages or alleged damages for liability arising, directly or indirectly, from the Professional Services performed by Consultant in accordance with this RFP and Consultant's bid. Consultant understands that the limits of insurance specified in this Section 2.2 are minimum amounts and that Consultant is free to obtain additional coverage to ensure that the potential financial obligations hereunder are met. I I I I I I I I I I I I I I I I I 1 I Request For Proposals Augusta Brownfields Redevelopment Project Augusta-Richmond County, Augusta, Georgia Page - 5 - Section 2.3 Proposal Details The minimum details that must be in the Proposal are: Technical Information Provide any other data, forms, designs, illustrations, plans that will demonstrate that what is proposed will be a complete and workable arrangement for the County and Proposer. Management Information Indicate the proposer's management, environmental assessment and cleanup, innovative remedial actions, QAPP development and analytical capabilities, including staffing qualifications, work experience and general business background. Financial Information Provide a brief narrative or other suitable description of Proposer's financial condition, including statements, summaries and a listing of successful similar projects or work, Key Personnel List Personnel to be used, how their time will be scheduled. Provide resume of all personnel from your firm who will work on this project. Services List any services that may be required from the Augusta-Richmond County. The Augusta-Richmond County is not responsible to provide utility services and waste disposal services for the project. Y2K Compliance Include Y2K Compliance statement. Federal Requirements Compliance Describe efforts to comply with 40 CFR Part30, Part 31 and Part 35, as applicable. Minority Business Enterprise (MBE) / Women's Business Enterprise (WBE) "fair share" goals/objectives for the State of Georgia are: . Construction: 4% MBE and 4 % WBE; AI Other Categories: 4.75% M~E and 1 % WBE. Utilization of Small, Minority and Women's Business Enterprises in procurement under Augusta Brownfields Pilot Project is required. I I I I I I I I I I I I I I I I I I I Request For Proposals Augusta Brownfields Redevelopment Project Augusta-Richmond County, Augusta, Georgia Page - 6 - Fee Proposal Submit charges for the services to be performed and cost breakdown for each category of work, including man-hours, for the work described in this RFP. Include cost of each item by EPA test number, if available. The fee proposal is to account for project all proposed sampling and testing. Submit lump sum fee proposal for: (a) QAPP (tasks includes draft plan submittal to Augusta- Richmond County for review, plan revision to address Augusta- Richmond County comments, revised plan submittal to EPA by Augusta-Richmond County, plan revision by the Contractor to address EPA comments, and final plan preparation subject to approval); (b) Phase I ESA including on-site radiation survey; (c) Collection and analysis of minimum of 10 soil samples from the location selected by the Augusta Brownfields Commission. Include analytical cost for VOCs, SVOCs, PCBs, Total Metals including RCRA Metals, full range of TPH, Pesticides and Cyanide; (d) Risk Analysis/Assessment and Risk Reduction Standard determination (to be acceptable by the Georgia EPD, HSRA Division). Risk-based remediation standards shall be determined using the equations described in the Georgia State's rules regarding the risk reduction standards; (e) Alternate Cleanup Remedies and Site Potential Reuse. Any recommendations shall include those activities required to bring the site into compliance with the Georgia State's clean-up standards; and (f) Potential Brownfields Sites Inventory. (g) Provide unit cost estimate for: collection of soil and groundwater sample; Installation of groundwater monitoring well by Georgia certified or bonded driller; and Analyzing sample for VOCs, SVOCs, PCBs, RCRA Metals, Oil & Grease, TPH-GRO, TPH-DRO, Pesticide and Cyanide. (h) Phase II is critical to overall success of the Pilot Project. Provide not to exceed cost estimate to complete scope of work associated to proposed technical approach to produce a comprehensive Phase II ESA document. Provide detail of sampling approach (e.g, grid, random, statistical, combination, composite, surface, subsurface, etc.) and total number of samples (surface and subsurface soil samples, and groundwater samples) proposed to be collected. Sample locations shall be selected to determine the extent of contamination at the site and to determine whether or not the site is in compliance with the Georgia State's clean-up standards. I I I I I I I I I I I I I I I I I Request For Proposals Augusta Brownfields Redevelopment Project Augusta-Richmond County, Augusta, Georgia Page - 7 - References Provide work summary and contact reference information for the completed or ongoing similar projects preferably in the State of Georgia. Section 3.0 Specifications The general manner by which soil and groundwater sample will be undertaken should be described in the proposal. Proposed sample collection shall be acceptable to Georgia EPD and should be designated to adequately characterize hazardous conditions of the site. Each sample shall be field-screened with an organic vapor analyzer or photo ionization detector and the results recorded on a log. Field instruments shall be properly calibrated. All drilling holes, borings, or wells shall be properly installed and abandoned. Install guard post or safety marker adjacent to the wells to prevent future damage to the wells. Any soil and water generated during the sampling process shall be properly managed, containerized, labeled, transported and disposed of by the Consultant in accordance with the Federal and State rules and regulations. Drilling and sampling equipment shall be decontaminated between each event. The waste generated shall be properly disposed of by the Consultant. The Consultant will obtain all necessary permits, if required, to perform the services under this agreement. Appropriate measures are to be implemented by the consultant to prevent damage to subsurface utilities. Finished product, if any, and electronic submittals shall be Y2K compliance, Section 3.1 Quality Assurance and Quality Control Consultant shall develop the site specific QAPP that must be approved by the Augusta-Richmond County. All sampling, analysis and QAJQC shall be performed according to the approved QAPP for the project site. The consultant shall be responsible to submit collected media to a qualified laboratory (approved/acceptable by the EPA and GAEPD). EPAJGAEPD recommended or required analytical detection limits shall be observed at all . - - - . 1 I I I I I I I I I I I I I I I I I 1 Request For Proposals Augusta Brownfields Redevelopment Project Augusta-Richmond County, Augusta, Georgia Page - 8 - the times. The proposal shall identify the laboratory intended to be used to perform the analytical tasks and the estimated cost associated with the task. Section 3.2 Reauired Plans and Reports The Consultant will deliver following reports/plans in accordance with the Augusta Brownfields Redevelopment Project Schedule (provided as attachment). >- Site Specific Quality Assurance Project Plan Document; >- Site Specific Health & Safety Plan Document; >- Draft and final Phase I ESA Document; >- Quarterly Progress Report (due 15th of March, June, September and December); >- Draft and final Comprehensive Environmental Site Assessment Document; >- Risk Evaluation, Cleanup remedies and associated cost estimate and site potential reuse scenario; >- Potential Brownfields site inventory; > Waste (if any) disposal documents; and >- Electronic copy of all the submittals. Section 3.3 General Reauirements The Consultant agrees to perform all work in accordance with the specifications and requirements, Augusta-Richmond County Standard Contract for Services, Contract Conditions of the Agreement between the Consultant and Augusta-Richmond County, Terms & Conditions of the Brownfields Pilot Cooperative Agreement between EPA and Augusta-Richmond County, the Request for Proposal and the Proposal. In the event of conflict, the Request for Proposal will control. The Consultant agrees to notify the Augusta-Richmond County and the contact person a minimum of one week prior to the commencement of field work. The Consultant agrees not to initiate field work prior to approval of QAPP and also agrees to follow and satisfy QAPP requirements and conditions. The Consultant agrees any report or plan prepared under the Agreement will be reviewed and receive final approval by the Augusta-Richmond County before being finalized and that five copies of each required report or plan will be submitted to the Augusta-Richmond County and any other designated recipients. I I I I I I I I I I I I I I I I I 1 I Request For Proposals Augusta Brownfields Redevelopment Project Augusta-Richmond County, Augusta, Georgia Page - 9 - The Consultant agrees it will be responsible for obtaining, coordinating and overseeing subcontractor services at the site or as may otherwise be required under the Agreement. These services include, but are not limited to; drilling; Laboratory analyses, transportation and disposal of generated waste. Changes in the scope of work based upon unforeseeable events shall be addressed as change orders that require the prior written approval of both Augusta-Richmond County and the Consultant. Section 3.4 Federal Reauirements The following requirements /c1auses may be applicable to this procurement/contract under 40 CFR Part 30, Part 31 and Part 35 and hereby incorporated by reference, as applicable. These requirements/clauses shall also be f1owed-down to lower-tier contractors/subcontractors, as appropriate. >- Procurement Standards (40 CFR 31.36(b); 40 CFR 35.6550) >- Competition (40 CFR 31.36(c); 40 CFR 35.6555) >- Subawards to Debarred and Suspended Parties (40CFR 31.35; 40 CFR 35.6565) >- Procurement Methods (40 CFR 31.36(d); 40 CFR 35.6565) >- Use of same Engineer During Subsequent Phases of the Project (40 CFR 35.6570) >- Restrictions on Types of Contracts (40 CFR 35.6575) >- Contracting with MBE/WBE, Small Business, and Labor Surplus Firms (40 CR 30.44(b); 40 CFR 31.36(e); 40 CFR 35.6580) >- Cost and Price Analysis (40 CFR 31.36(f); 40 CFR 35.6585) >- Bonding and Insurance (40 CFR 31.36(h); 40 CFR 35.6590) >- Contract Provisions (40 CFR 31.36(i);40 CFR 35.6595) >- Contractor Claims (40 CFR 35.6600) >- Privity of Contract (40 CFR 35.6605) >- Contract Awarded by a Contractor (40 CFR 31.37; 40 CFR 35.66610) Section 3.5 Recycled Paper Condition Pursuant to EPA Order 1000.25 dated January 24, 1990, the Contractor agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to the Augusta-Richmond County and EPA. This requirement does not apply to reports which are prepared on forms supplied by EPA. This requirement applies even the cost of recycled paper is higher than that of virgin paper. I I I I I I I I I I I I I I I I I I I Request For Proposals Augusta Brownfields Redevelopment Project Augusta-Richmond County. Augusta, Georgia Page - 10 - Section 3.6 Proiect Tvpe Condition The Project Assistance agreement between EPA and Augusta-Richmond County is a project cooperative/grant agreement subject to the applicable EPA statutory and regulatory provisions and the terms and conditions included in the Project Cooperative Agreement. The Contractor agrees to abide by the applicable EPA statutory and regulatory provisions and the terms and conditions included in the Project Cooperative Agreement. Section 4.0 Proposal Evaluation The Augusta Brownfields Commission will award the contract/agreement to the consultant/team whose proposal meets the requirements of the RFP and provides the greatest overall value to the Project determined on the basis of the technical and price factor. The technical evaluation factors include, but not limited to, background, qualifications and financial strength of the firm; team experience, team past performance, technical proposal to complete ESA; minority/women owned business. Consultant understands that the technical evaluation of the bid is more important than the price evaluation. The Augusta-Richmond County reserves the right to award to other than the lowest priced bidder based on technical superiority and technical expertise or other evaluate factors of the team proposed for Augusta Pilot. Section 5.0 Submittal Information The Augusta-Richmond County will not pay for proposals submitted or received. The Augusta-Richmond County reserves the right to accept or reject any or all proposals. Any questions regarding the technical information provided shall be directed to Augusta-Richmond County Environmental Engineer. Environmental Engineer can be reached at (706) 821-1706. The fax is (706) 821-1708 and email ishm8053@co.richmond.ga.us. I I I I I I I I I I I I I I 1 I I I I Request For Proposals Augusta Brownfields Redevelopment Project Augusta-Richmond County, Augusta, Georgia Page - 11 - Section 6.0 Attachments Schedule - Augusta Brownfields Redevelopment Project (1 page); Contract Conditions (39 pages); Augusta-Richmond County Standard Contract Services (8 pages); Project Cooperative Agreement Terms & Conditions; and Summary of previous environmental investigations (62 Pages). Section 7,0 Form/Statement To Be Signed and Returned It is mandatory to submit the following forms, duly signed, as a part of the proposal. Proposal submitted without these forms shall be considered incomplete and shall not be included in selection process. . Year 2000 Warranty · Employee Conflict of Interest I I I I I I I I I I I I I I I I I I I Request For Proposals Augus(a Brownfields Redevelopment Project Augusta-Richmond County, Augusta, Georgia SCHEDULE I I SCHEDULE AUGUSTA BROWNFIELDS REDEVELOPMENT PROJECf I TASK&DELIVERABLE I Mayor's Brownfields Commission I I. Commission Appointment 2. Commission Community Meeting I 3. Consultant Selection 4. Report Review & Submittal to EP A I 1. Quality Assurance & Sampling Plan Environmental Site Assessment I 2. Site Assessment and Characterization 3. Data Analysis Browntields Site Inventory 1. Inventory Data Base 2. Inventory GIS Mapping 3. Web Site Update Planning & Administration 1. Other Pilot Brownfields Site Visit/Community Meeting 2. Alternate/Additional Funding Source Exploration I I 7/99 8/99 10/99 9/99 10/99 1/00 11/00 1/01 3/00 04/01 8/00 10/99 8/99 10/99 5/00 8/00 11/00 9/99 5/00 Start 12/00 4/01 4/01 3/01 6/01 6/01 lIOO 6/01 6/01 12/00 3/01 4/01 6/01 6/01 Finish ~uly - ~ I!QQQ Oct. - Dec Jan. - March ?OOO April - June July - Sept ?OOO Oct. - Dec. ?()()() Jan, - March ?OO! April - June I ?OO 1 I !QQQ ?OOO 8/99 6/01 ~""'r""."".."'r'.""""""'1".."'."'"''''''r'''''.........'1'..............1'...............'1'.............. a............. t..... .....0... t..... ........0.. i................... t.......o. ...... i-.................. '"1-.. ........... ... ..1'"......................... 1/00 . . . . . . . ............;...............;.................~.....................~...............~................(..................~............... ) i ! ! ! ! ! ........... +.............. +................ ~................... +............... ~...............~.................~............... 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"1".' ...... .....1'... ...... .......1'... .... ....... ...... ........i.... ...................... ........................... ... ................ ~............... ~................. ~................ ; ~ I I I ~ ~ I I I I I I I I I I I I I I I I I I I Request For Proposals Augusta Brownfields Redevelopment Project Augusta-Richmond County, Augusta, Georgia CONTRACT CONDITIONS I I . SECTION GC GENERAL CONDITIONS I SECTION ~ GC-Q1 Definitions GC-Q2 Additional Instructions and Detail Drawings I GC-03 Schedules, Report and Records GC-Q4 Drawing and Specifications I GC-05 Shop Drawing GC-Q6 Material, Services and Facilities GC-07 Inspection and Testing I GC-08 Substitution GC-09 Patents I GC-10 Permits and Regulations GC-11 Protection of Work, Property and Persons I GC-12 Supervision By Contractor GC-13 Change in the Work GC-14 Change in Contract Price I GC-15 Time for Completion and Liquidated Damages GC-16 Correction of Work I GC-17 Subsurface Conditions GC-18 Suspension of Work, Termination and Delay I GC-19 Payment to Contractor GC-21 Acceptance of Final Payment as Release GC-22 Insurance and Indemnity I GC-21 Contract Security GC-23 Assignments I GC-24 Indemnification GC-25 Separate Contracts I GC-26 Subcontracting GC-27 Engineer's Authority GC-28 Land and Rights-of-Way I GC-29 Guarantee GC-30 Taxes I GC-31 Work Adjacent to Railway or Other Property GC-32 Order and Discipline I GC-33 Warning Devices and Signs GC-34 Special Restrictions GC-35 As-Built Drawings I Augusta BrownfieJds Pilot (99-00) General Conditions GC 1 I I I I I I I I I I I I I I I I I I I I 'SECTION GC-36 GC-37 GC-38 GC-39 GC-40 GC-41 SECTION GC GENERAL CONOrTIONS I!.I!.& Contractor Not to Hire Emptoyees of the Owner Disputes Abandonment or Termination of Contract Evidence of Payment Accessibility of Records Archeological Plans For Identification and Excavation of Significant Sites Augusta Brownfields Pilot (99-00) General Conditions GC2 I I I I I I I I I I I I I I I I I I I GC..Q1 DEFINITIONS Whenever used in the Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof. 1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletion, clarifications or Corrections. 2. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed. 3. BIDDER: Any person, firm or corporation submitting a bid for the work. 4. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents. 5. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents or authorizing an adjustment in the contract price or contract time. 6. CONTRACT DOCUMENTS: The contract including Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Orders, General Conditions, Supplemental General Conditions, Special Conditions, Technical Specifications, Drawings and Addenda. 7. CONTRACT PRICE: The total monies payable to the Contractor under terms and conditions of the Contract Documents. 8. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the Completion of the work. 9. LIFE OF THE CONTRACT: The total duration of the Contract from Notice to Proceed to Completion of all the work. 10. DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the work to be performed and which have been prepared or approved by the Engineer. 11. ENGINEER: The Augusta-Richmond County Administrator or his designated Representative. 12. EPD: Environmental Protection Division of the State of Georgia. 13. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the contract price or an extension of the contract time issued by the Engineer to the Contractor during construction. 14. HAZARDOUS WASTE: Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Production Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Augusta Brownfields Pilot (99-00) General Conditions GC3 I I I I I I I I I I 21. I 22. I I I I 23. 24. I I I Contract, the term Hazardous waste shall also include motor oil, gasoline, diesel fuel, and kerosene. Any Solid Waste which has been defined as a hazardous waste in regulations promulgated by the Board of Natural Resource, Chapter 391-3-11. 15. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. 16. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of commencement of the work. 17. OWNER: A public or quasi-public body or authority, Corporation, association, partnership or individual for whom the work is to be performed. 18. PETROLEUM: means petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure. 19. PETROLEUM PRODUCT: means petroleum, including gasoline, gasohol, diesel fuel, fuel oil including #2 fuel oil, kerosene, and jet turbine fuel. 20. PROJECT: Documents. The undertaking to be performed as provided in the Contract REGULATED SUBSTANCE: Any substance defined in ~ 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980,42 U.S. C., ~ 9601, as amended by P. L. 99-499, 1986, et~. and petroleum, including crude oil or any fraction thereof which is liquid at the standard conditions of temperature and pressure, but not including any substance regulated as a hazardous waste under the Georgia Hazardous Waste Management Act, O.C.G.A. 12-8-60, as amended. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is assigned to the project site or any part thereof. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or Distributor, which illustrate how specific portions of the work shall be performed, fabricated or installed. SOLID WASTE: Any garbage or refuse; sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility; and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities, but does not include recovered materials; solid or dissolved materials in domestic sewage; solid or dissolved material in irrigation retum flows or industrial discharge that are point source subject to permit under 33 U.S.C. Section 1342; or source, special nuclear, or by-product material as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. 923). USEPA has summarized the determination of a solid waste and a hazardous waste. A Solid Waste is defined as any discarded material that is not excluded by section 261.4(a) of 40 CFR, Part 261, or that is not excluded by variance granted under section 260.30 and 260.31 of 40 CFR, Part 260. A Solid Waste that is also a "Hazardous Waste" is one that is not excluded from regulation as I Augusta Brownfiefds Pilot (99-00) GC4 General Conditions I I I I I I I I I I I I I I I I I I I hazardous waste under section 261.4(b) of 40 CFR, Part 261. Under 40 CFR, Part 261, Subpart C & D, a hazardous waste may fall under one or more categories, namely, ignitable, corrosive, reactive, toxicity characteristics acute hazardous or toxic. 25. SPECIFICATIONS: A part of the Contract Documents consisting of written description of a technical nature or materials,. equipment, construction systems, standards and workmanship. 26. SUBCONTRACTOR: An individual, firm or corporation having a direct contact with the Contractor or any other Subcontractor for the performance of a part of the work at the site. 27. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the project or a specified part can be utilized for the purposes for which it is intended. 28. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and/or additions to the General Conditions of a specific nature generally aimed at the specific contract of which it is part. 29. SUPPLIER: Any person, supplier or organization who Supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. 30. WORK: All labor necessary to produce the construction required by the Contract Documents and all materials and equipment incorporated or to be incorporated in the project. 31. WRIITEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work. 32. MA Y: Permissive 33. "SHALL" IMPLIED: Some sentences, statements and clauses used in the specification exclude any form of the verb "shall" normally expressed in a verb phrase with verbs such as "furnish", "install", "provide", "perform", "construct", "erect", "comply", "apply", "submit". or similar verb, but in any such sentences, statements, and clauses shall be interpreted to include the applicable form of the. phrase "The CONTRACTOR shall" and the requirements described therein shall be interpreted as mandatory elements of the CONTRACT. 34. SHALL: Mandatory 35. WILL: Mandatory GC-02 ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS 1. The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. Augusta Brownfields Pi/ot (99-00) General Conditions GC5 I I I GC-03 I I I I I I GC-04 I I I I I I 2. 3. 4. I I 5. I 2. The additional drawings and instructions thus supplied will become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. SCHEDULES, REPORTA AND RECORDS 1. The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning the work performed or to be performed. 2. Prior to the first partial payment estimate, the Contractor shall submit schedules Showing the order in which he proposes to carry on the work, including dates at which he will start the various part of the work, estimated date of completion of each part and as applicable: 2.1 the dates at which special detail drawings will be required; and 2.2 respective dates for submission of shop drawings, the beginning of manufacture, the testing and the installation of materials, supplies and equipment. 3. The Contractor shall also submit a schedule of payments that he anticipates he will earn during the course of the work. DRAWING AND SPECIFICATIONS 1. The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the Contract Documents and all incidental work necessary to complete the project in an acceptable manner, ready for us, occupancy or operation by the Owner. In case of conflict between the drawings and specifications, the specification shall govern. Figure dimension on drawings shall govern over general drawings. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contract's risk. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways and should any work or material be required which is not detailed in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform all such work and furnish any such material as fully as if they were particularly delineated or described. It is understood and agreed that the Contractor, by careful examination, has satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, I Augusta Brown fields Pilot (99-00) GC6 General Conditions I I I I GC-oS I I I I I I GC-oS I I I I I I I I 3. 4. 5. the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. SHOP DRAWINGS 1. The Contractor shall provide shop drawings as may be necessary for the prosecution of the work as required by the Contract Documents. The Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 3. Portions of the work that require shop drawing or sample submission shell not begin until the shop drawing or submission has been approved by the Engineer. A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. MATERIALS, SERVICES AND FACILITIES 1. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the work within the specified time. 2. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. Materials, supplies or equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. Materials, Supplies or equipment to be incorporated into the work and purchased by the Contractor of the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. I Augusta Brownfields Pilot (99-00) GC7 General Conditions I I 1 I I GC...Q7 I I I I I I I I I I I 7. GC...QS 1. . . 1 I INSPECTION AND TESTING 1. All materials and equipment used in the construction of the project shaff be subject to adequate inspection and testing in accordance with generally accepted standards. 2. The Contractor shall provide, at his expense, the necessary testing and inspection services required by the Contract Documents, unless otherwise provided. 3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other that the Contractor, the Contractor will give the Engineer timely notice of readiness. The Contractor will then furnish the Engineer the required certificates of inspection, testing or approval. 4. Neither observation by the Engineer nor inspections, tests or approvals by persons other than the Contractor shall relive the Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents. 5. The Engineer and his representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State Agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. 6. The Contractor shall give the Engineer 120 hours notice of starting any new work. No work shall be done or materials used without suitable supervision and inspection by the Engineer. The Contractor shall furnish the Engineer with necessary test results of the material to be used. The collection and testing of the media shall be performed as provided in the approved QApP. SUBSTITUTIONS When a material, article or piece of equipment is identified on the drawings or speCifications by reference to brand name or catalogue number, the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deducted from the contract price and the Contract Documents shall be appropriately modified by change order. The Contractor warrants that if substitutes are approved, no major changes in the function of the Contract will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. Augusta Brownfiefds Pilot (99-00) General Conditions GC 8 I I I I I I I I I I I I I I I I I I GC-09 GC-10 1. 2. GC-11 1. 2. It is understood and agreed that (1) the Engineer is to use his own judgment whether or not any material, product, article, or piece of equipment proposed to be substituted is equal to that specified; (2) the decision of the Engineer on all such questions of equality shall be tinal and binding upon the Contractor; and (3) in the event of any decision of the Engineer that is considered adverse by the Contractor, no claim of any sort by the Contractor shall be made or allowed against the Owner or the Engineer. 3. The Contract is based on the materials, equipment, and methods described in the Proposal and QAPP. 4. The Owner, through the Engineer, will consider proposals for substitution of materials, equipment. and methods only when such proposals are accompanied by full and complete technical data and all other information required to evaluate the proposed substitution. 5. The Contractor shall not substitute materials, equipment, or methods unless such substitution has been specifically approved for this project by the Engineer. PATENTS 1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the Owner harmless from loss on account thereof except that the Owner shall be responsible for any such loss when a particular process, design or the product of a manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. SURVEYS, ~ERMITS AND REGULATIONS The Contractor shall develop and make all detail survey needed for construction such as stakes for monitoring wells and sampling locations, reference elevation for groundwater potentiometric map. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in GC-13, Changes in the Work. PROTECTION OF WORK, PROPERTY AND PERSONS The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. He will take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury or loss to all employees on the work and other persons who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site or other property at the I Augusta Brownfields Pilot (99-00) GC9 General Conditions I I I I I I I I I I I I I I I I I I I site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities 2. The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for saFety and protection. The Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, and subcontractor or anyone directly or indirectly employed by any of them or anyone For whose acts any of them are liable, except damage or loss attributable to the fault of the Contract Documents or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor. 3. The work under this Contract in. every respect shall be at the risk of the Contractor, except to damage or injury caused directly by the Owner's agents or employees. 4. In emergencies affecting the saFety of persons or the work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer or Owner, shall act to prevent threatened damage, injury, or loss. He will give the Engineer prompt written notice of any significant changes in the work or deviations from the contract documents caused thereby, and a change order shall thereupon be issued covering the changes and deviations involved. S. The Contractor shall protect from damage all property in the vicinity of the work or that is in any way affected by the work, the removal or destruction of which is not called for by the Contract Documents. This applies to public and private property, utility Facilities, trees, grass, shrubs, crops, signs, monuments, fences, pipe, underground structures, public roadways, sidewalks, curb and gutters, driveways, and any other natural or manmade terrain features. Whenever such property is damaged due to the Contractor's performance of the work, the Contractor shall immediately restore it to condition equal to or better than that existing before such damage or injury was done by the Contractor. The Contractor shall make good all such damage or injury in an acceptable manner at his own expense. In case of failure of the Contractor to restore such property or to make good such damage or injury, the Owner may, upon forty-eight (48) hours notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary, and the cost thereof will be deducted from any moneys due or which may become due the Contractor under the terms of these Contract Documents. 6. Reasonable care shall be taken during construction to avoid damage to vegetation. Ornamental shrubbery and tree branches shall be tied back, where appropriate, to minimize damage. Trees which receive damage to branches shall be trimmed of those branches to improve the appearance of the tree. Tree trunks receiving damage from equipment shall be treated with a tree dressing. 7. The Contractor shall not enter upon private property for any purpose without First obtaining permission, and he shall be responsible for the preservation of all public and private property. The Contractor shall at all times while the work is in progress use extraordinary care to see that adjacent buildings are not endangered in any way by reason of Fire, water, or construction operations, and to this end shall take such steps as may be necessary or directed to protect the Augusta Brownfields Pilot (99-00) General Conditions GC10 I I I I I I I I I I I I I I I I 12. !!! - . property therefrom, and the same care shall be exercised by all Contractor's and subcontractor's employees. The Contractor shall give due notice to any controlling person, department, or public service company prior to adjusting items to grade and shall be held strictly liable to the Owner jf any such items are disturbed, damaged, or covered up during the course of the work. The Contractor shall not disturb, remove, or relocate any land monuments and property marks until an authorized agent has witnessed or otherwise referenced their location. 8. Any temporary drains and drainage which may be required by the Contractor during the construction period shall be furnished, installed, and maintained by him. No such drains or drainage systems shall be installed or used without the prior approval of the Engineer. At the completion of the work, all such drains and drainage systems shall be removed and the premises returned to a neat and clean condition. 9. Fire hydrants on or adjacent to. the work shall be kept accessible to the firefighting apparatus at all times, and no material or obstruction shall be placed within 10 feet of any hydrant. Adjacent premises must be given access, as far as practicable, and obstruction of sewer inlets, gutters, and ditches will not be permitted. 10. The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of federal, state, and local safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall comply with the Department of Labor's Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). Copies of these regulations may be obtained from the U. S. Government Printing Office, 275 Peachtree Street, N.:=., Atlanta, Georgia 30303. 11. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards, including sufficient lights and danger signals on or near the work; he shall erect suitable railings, barricades, covers, or other protective devices about unfinished work, open trenches, holes, embankments, or other hazards and obstructions where hazards to workmen or the pUblic exist. The Contractor shall provide at all times all necessary watchmen on the project for the safety of employees. delivery personnel, and the general public and to diligently guard and protect all work and materials, including Owner-furnished equipment. Construction equipment shall be suitably nightmarked and lighted as necessary for safety considerations. No separate payment will be made for providing lights on vehicles and equipment, signs, barricades, lights, flags, watchmen, and other protective devices, and the costs thereof shall be included in the contract price(s). The Contractor shall comply with all applicable provisions of the "Manual of Accident Prevention in Construction" issued by the Associated General Contractors of America, Inc., and shall maintain an accurate record of all cases of death and all cases of occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on the work under these Contract Documents. II Augusta Brownfields Pilot (99-00) GC 11 . General Conditions I I I I I I I I I I I I I I I I I I I GC-12 1. 2. 13. The Contractor shall be sofely responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods and for any damage which may result from their failure or their improper construction, maintenance, or operation. The Contractor shall conduct his operations in a manner that will offer the least possible obstruction and inconvenience to the public, and he shall not have under construction an amount of work greater than he can prosecute properly with due regard to the rights of the public. Construction operations shall be conducted in a manner that will cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, houses, buildings, or other facilities in the vicinity of the work shall be maintained and temporary access facilities for public roadways shall be provided and maintained in satisfactory condition. 14. Satisfactory facilities shall be provided by the Contractor for maintaining public access and travel, and every effort shall be made to reduce any necessary inconveniences to a minimum. 15. The Contractor shall carefully preserve all monuments, bench marks, property markers, reference points, and stakes. In case of his destruction thereof, the Contractor will be charged with the expense of replacement and shall be responsible for any mistake or loss of time that may be caused. Permanent monuments or bench marks which must be removed or disturbed shall be protected until properly referenced for relocation. The Contractor shall fumish materials and assistance for the proper replacement of such monuments or bench marks. 16. Whenever, in the opinion of the Owner, the Contractor has not taken sufficient precaution for the safety of the public or the protection of the work to be constructed under these Contract Documents or of adjacent structures or property, and whenever, in the opinion of the Owner, an emergency has arisen and immediate action is considered necessary, then the Owner, with or without notice to the Contractor, may provide suitable protection by causing work to be done and material to be fumished and placed. The cost of such work and material shall be borne by the Contractor, and if the same is not paid on presentation of the bills thereof, such costs may be deducted from any amounts due or to become due the Contractor. The performance of such emergency work shall not relieve the Contractor of responsibility for any damage which may occur. SUPERVISION BY CONTRACTOR The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences and procedures. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative. The supervisor shall have full authority to act on the behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the work. The Contractor shall supervise and direct the work efficiently using the best skill and attention and shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor will be Augusta Brownfields Pilot (99-00) General Conditions GC12 I I I I I I I I I I I I I I I I I GC-13 . I 4. 5. 6. responsible to see that the finished work complies accurately with the Contract Documents. 3. The Engineer shall have the right to reject or demand replacement of such superintendent at any time, with or without cause, solely at the Engineer's discretion, based upon objective or subjective reasons, which reasons the Engineer may, but is not required to, disclose to the Contractor. CHANGES IN THE WORK 1. The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. 2. The Engineer, also, may at any time, by issuing a field order, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Engineer unless the Contractor believes that such field order entitles him to a change in the contract price or time or both, in which event he shall give the Engineer written notice thereof within ten (10) days after the receipt of the ordered change pending the receipt of an exeC:.Jted change order or further instruction from the Owner. 3. The Owner reserves the right to make at any time, without prior notice to the surety, such alterations in the Drawings or in the character of the work as the Owner may consider necessary or desirable to complete the proposed work in a satisfactory manner and consistent with the intent of these Cont~act Documents. Notice of every such alteration or change shall be given in writing to the Contractor by the Engineer, and no such alteration or change shall be considered as constituting a waiver of any of the provisions of these Contract Documents or as nullifying or invalidating any of such provisions. Should any such alteration or change result in an increase or decrease in the quantity or the cost of the work or materials described in these Contract Documents, the total amount payable under the Contract will be accordingly modified. If alterations or c"anges are thus made, the contract time will be correspondingly modified, if the Contractor so requests, before commencing the work attributable to such alterations or changes. It is understood and agreed that the Contractor shall perform all extra work that may be ordered in writing by the Engineer acting on the specific authority of the Owner arising out of the modification of the Specifications or Drawings made or approved by the Owner. For this extra work, the Contractor shall be compensated as provided hereinafter and in the Change Order covering the extra work. Extra work is defined as: (1) that additional work of a different character or function and for which no basis of payment is prescribed in these Contract Documents; or (2) that work involving revisions of the details of the work in such manner as to render inequitable payment under items upon which the Contractor bid; or (3) that additional work of a similar nature and character as that done under the unit prices named in these Contract Documents. No claim for extra work will be considered unless said extra work was ordered in writing as aforesaid and the claim presented in writing to the Engineer within 30 . - Augusta Brownfields Pilot (99-00) GC13 - General Conditions I I I I I I I I I I I I I I I I I days after receipt by the Contractor of the written order to perform said extra work. 7. If the performance of the extra work results in additional time being required by the Contractor to complete the work covered by these Contract Documents, said Change Order will provide for an equitable extension in the contract time. 8. All Change Orders, including a change in technical design or an increase in cost, must be approved by the Owner, the Engineer, and those govemmental agencies whose approval is required. GC-14 CHANGES IN CONTRACT PRICE 1. The contract price may be changed only by a change order. The value of any work covered by a change order or of any claim for increase or decrease in the contract price shall be determined by one or more of the following methods in the order of precedence listed below: (1) Method A UNIT PRICES contained in the Contractor's Proposal for the same type or class or work. (2) Method B By an acceptable UNIT PRICE proposal from the Contractor. (3) Method C By an acceptable LUMP SUM PRICE proposal from the Contractor. (4) Method D If neither method "B" or "C" can be agreed upon before the changed or extra work is started, then the Contractor shall be paid the "actual field cost" of the work plus 15 percent. 2. Whenever any change or extra work is to be done, for which UNIT PRICES for the same type or class of work are contained in the Contract Documents, such work shall be done and will be measured and paid for pursuant to "Method A" hereinabove set forth and applicable portion of the Contract Documents. 3. Methods Band C shall include an ITEMIZED COST BREAKDOWN for the material and labor involved, and 'a maximum of 15 percent for overhead and profit. In determining the amount payable to the Contractor, an additional 5 percent may be added to the amount payable to a Subcontractor, but no "pyramiding" or additional percentage will be authorized for any work done by a Subcontractor. 4. Resort will not be had, in any case, to "Method D" until negotiation has been entered into by the parties hereto under Methods B, or C as hereinabove set forth. 5. When any changed or extra work is performed under "Method DOl, the term "Actual Field Cost" of such changed or extra work is hereby defined to be and shall include: - - Augusta Brownfields Pilot (99-00) General Conditions GC14 I I I I I I I I I I I I I I I I I I I (1) The "actual payroll cost of all workmen such as foremen, equipment operators, mechanics, and laborers, for the time spent actually performing the changed or extra work. (2) All materials and supplies incorporated in the changed or extra work. (3) All machinery and equipment for the time actually employed or used in the performance or the change or extra WORK based on the appropriate State Department of Highway's Equipment Schedule in force at the date of the Change Order. (4) Any transportation charges necessarily incurred in connection with any equipment authorized for use on said changed or extra work but which is not already on the site. (5) All power, fuel, lubricants, water, and similar operating expenses as well as other expendable materials. (6) All incidental expenses incurred as a direct result of such changed or extra work, including payroll taxes and a prorated portion of the premium on the PERFORMANCE, PAYMENT and MAINTENANCE BOND, and, where the premiums therefore are based on payroll cost, on Public liability and Property Damage Insurance, Workmen's Compensation Insurance, and Occupational Disease Disability Insurance, Builder's Risk, and other insurance required by the CONTRACT. (7) No repairs, replacements or other forms of overhead expense shall be included in "Actual Field Costs". 6. The ENGINEER may direct the form in which the accounts of the Actual Field Costs shall be kept and may also specify in writing, before the work commences, the method of doing the WORK and the type and kind of machinery and equipment, if required, which shall be used in the performance of any changed or extra work under Method "0", In the event that machinery and heavy construction equipment are required for such changed or extra work, the authorization and basis of payment for the use thereof shall be stipulated in the change order. 7. The 15 percent of the "Actual Field Cost" to be paid to the Contractor shall cover and be full compensation for the Contractor's profits, overhead, general superintendence, and field office expense, and all other elements of cost not embraced within the "Actual Field Cost" as herein defined. In determining the amount payable to the Contractor an additional 5 percent may be added to the amount payable to a Subcontractor, but no "pyramiding" or additional percentage will be authorized for any work done by subcontractors. 8. When compensation for extra work is provided under paragraph 14.1 above, the Contractor's representative and the Engineer shall compare records of extra work done at the end of each day. Such records shall be made in duplicate upon a form provided for such purpose by the Engineer and shall be signed by both representatives referred to herein, one copy being submitted to the Engineer and the other being retained by the Contractor. Augusta Brownfields Pilot (99-00) General Conditions GC15 I I I GC-15 I I I I I I I I I I I I I 5. 6. GC-16 . - . 1. TIME FOR COMPLETION AND LIQUIDATED DAMAGES 1. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. 2. The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the contract time for the . completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 3. If the Contractor shall fail to complete the work within the contract time or extension of time granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages the sum of 5500.00 for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents. 4. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice of such delay to the Owner or Engineer. 4.1 To any preference, priority or allocation order duly issued by the Owner. 4.2 To unforeseeable causes beyond the control and without the fault of negligence of the Contractor, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and 4.3 To any delays of subcontractors occasioned by any of the causes specified in Paragraphs 4.1 and 4.2 of this Article. The assessment of liquidated damages for failure to complete the WORK within the CONTRACT TIME shall not constitute a waiver of the OWNER's right to collect any additional damages which the OWNER may sustain by failure of the CONTRACTOR to carry out the terms of his CONTRACT. Time extensions, however, will not be granted for rain, wind, flood or other natural phenomena of normal intensity for the locality where WORK is performed. For purpose of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for at least any continuous one-fourth of the CONTRACT PERIOD involved with the average of the preceding 5 year climatic range during the same time interval based on US Weather Bureau statistics for the locaiity where the WORK is performed. CORRECTION OF WORK All removal and replacement work shalf be done at the Contractor's expense. If the Contractor does not take action to remove such rejected work within ten (10) days after receipt of written notice, the Owner may remove such work and store the materials at the expense of the Contractor. - Augusta Brownfields Pilot (99-00) GC16 General Conditions I I I I I GC-17 I I I GC-18 I I I 2. I I I I I I I 2. Any omissions or failure on the part of the Engineer to disapprove or reject any work or material shall not be construed to be an acceptance of any defective work or material. The Contractor shall remove, at his own expense and shall rebuild and replace same without extra charge and in default thereof the same may be done by the Owner at the Contractor's expense or in case the Engineer shall not consider the defect of sufficient importance to require the Contractor to rebuild or replace any imperfect work or material, he shall have the power and is hereby authorized to make an equitable deduction from the stipulated price. SUBSURFACE CONDITIONS 1. The Owner makes no representations about any subsurface conditions that may be encountered within the Scope of the project. The Contractor should satisfy himself/herself by on site inspections, core drillings, or other methods of the subsurface conditions that may be encountered. The risk of encountering and correcting such subsurface condition shall be borne solely by the Contractor, and the contract price shalf include the cost of performing the work complete-in-place. SUSPENSION OF WORK, TERMINATION AND DELAY 1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price, an extension of the contract time, or both, directly attributable to any suspension. If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment ~or the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his property or if he files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any pUblic body having jurisdiction of the work or if he disregards the authority of the Engineer, or if, in the opinion of the Engineer, the Contractor Jails to make satisfactory progress in prosecuting the work, or if he otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety a minimum of ten (10) days from delivery of a written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. I Augusta Brownfie/ds Pilot (99-00) GC17 General Conditions I I I I I I I I I I I I I I I 8. 9. I I I I 3. Where the Contractor's services have been so terminate by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents. 4. After ten (10) days from delivery of a written notice to the Contractor and the Engineer, the Owner, may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the Contractor shall be paid for alf work executed and any expense sustained plus reasonable profit. 5. If the performance of all or any portion of the work is Suspended, delayed, or interrupted as a result of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents, or if no time is specified, within reasonable time, an adjustment in the contract price or an extension of the contract time or both, shalf be made by Change Order to compensate the Contractor for the costs and delays necessarily caused by the failure of the Owner or the Engineer. 6. The Contractor shalf not Suspend the work and shall not remove any equipment, tools, supplies, materials, or other items without the written permission of the Owner or Engineer. 7. The Owner shall have the authority to Suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather; such other conditions as are considered unfavorable for the suitable prosecution of the work; or due to the failure on the part of the Contractor to carry out orders given, prosecute the work satisfactorily and in a workmanlike manner, or to perform any obligations or requirements of these Contract Documents. The Contractor shalf immediately comply with the written order of the Owner to suspend the work wholly or in part. The suspended work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved in writing by the Owner. In the event that a suspension of the work is ordered by the Owner, the Contractor shall at his expense do all the work necessary to secure the work and the area affected by the work and to protect all previously completed work as specified herein or as directed by the Owner. The suspension of the work by the Owner shalf not relieve the Contractor of any duties, obligations, or responsibilities set forth in these Contract Documents. In the event the Contractor fails to secure and protect the work and area as specified or as ordered, the Owner and/or Engineer will perform, or cause to be performed, alf work considered necessary by the Engineer and the cost thereof will be deducted from moneys due or to become due the Contractor under the terms of these Contract Documents. During unfavorable weather, wet ground, or other unsuitable construction conditions, the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would adversely affect the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory manner. Augusta Brownfiefds Pilot (99-00) General Conditions GC18 I I GC-19 I I I I I I I I I I I I I I I 4. I PA YMENTS TO THE CONTRACTOR 1. The Contractor will submit a monthly payment request to the Engineer for the service performed the previous month. Payment request shall be accompanied by data supporting the payment request, and a certificate from the Contractor that it has fully and properly performed all items of work covered by the payment request. The Engineer will, within ten days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the Owner, or return the partial payment estimate to the Contractor indicating in writing his reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The Owner will, within thirty (30) days of presentation to him of an approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate. The Owner shall retain ten (10%) percent of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. The Owner at any time, however, after fifty (50%) percent of the work has been completed, if he finds that satisfactory progress is being made, shall reduce retainage to five (5%) percent on the current and remaining estimates. On completion and acceptance of a part of the work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. 2. Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the final payment request that the work has been accepted by him under the conditions of the Contract Documents. The entire balance found to be due the Contractor, including the retained percentages shall be paid to the Contractor, except such sums as may be lawfully retained by the Owner for saving the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, rnec"anics, materialmen and furnishers of machinery and parts thereof, equipment, tools and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Owner's request. furnish satisfactory evidence that all obligations of the nature designated above have been paid. discharged, or waived. If the Contractor fails to do so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be cOnstrued to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. 3. The Owner shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the work, or the restoration of any damaged work except such as may be caused by agents or employees of the Owner. The Contractor will indemnify and save the Owner or the Owner's agents .harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and I Augusta BrownfieJds Pilot (99-00) GC19 General Conditions I I I I I I I I I 1 GC-20 I I I I I I I 1 I GC-21 1. parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, diScharged, or waived. If the Contractor fails to do so the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is fumished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. 5. No separate payment will be made for any items specified in the General Conditions. Payments for such items shall be included in the unit price and lump sum prices bid by the Contractor for items listed in the Bid Schedule. 6. It is understood and agreed that the approval of the progress payment request and the paying of a partial payment shall not be construed as acceptance of any work, materials, or products and shall not relieve the Contractor in any way from his responsibilities and obligations under these Contract Documents. 7. A partial payment will not be made when, in the judgment of the Owner or the Engineer, the work is not proceeding in accordance with any of the provisions of these Contract Documents. ACCEPTANCE OF FINAL PAYMENT AS RELEASE 1. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or fumished in connection with this work and for every act and neglect of the Owner and other relating to or arising out of this work. Any payment, however, final or othervvise, shall not release the Contractor or his Sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. INSURANCE The Contractor shall purchase and maintain during the life of this Contract such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's execution of the work, whether such execution by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 1.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, 1.2 Claims for damages because of bodily injury, occupational sickness or disease or death of his employees, Augusta Brownfields Pilot (99-00) General Conditions GC20 I I I I I I I I I I I I I I I I I 4. I 1.3 Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees, 1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor or (2) by any other person; and 1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 2. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the work. These Certificates shall contain a provision that coverage afforded under the policies will not be cancelled unless at least fifteen (15) days prior written notice has been given to the Owner. 3. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability insurance as hereinafter specified. 3.1 Contractor's General Public liability and Property Damage insurance including vehicle coverage issued to the Contractor and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by himself or by any Subcontractor under him or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limit of liability of not less than $200,000 for al/ damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by anyone person in anyone accident; and a limit of liability of not less than $500.000 for any such damages sustained by two or more persons in anyone accident. Insurance shall be written with a limit of liability of not less than $100,000 for all property dalT'age sustained by anyone person in anyone accident; and a limit of liability of not less than 5200,000 for any such damage sustained by two or more persons in anyone accident. 3.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the Project to the fuJl insurable value thereof for the benefit of the Owner, the Contractor and Subcontractor as their interest may appear. This provision shall in no way release the Contrac~or or Contractor's Surety from obligations under the Contract Documents to fully complete the Project. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workman's Compensation Insurance, including occupational disease provision for all of the latter'~ employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Contract at the site of the Project is not protected under Workman's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. I Augusta Brownfields Pilot (99-00) GC 21 General Conditions I I I I I I I I I I I I I I I I I GC-Z2 . . 1. 5. The Contractor shall secure, jf applicable, "All Risk" type Builder's Risk Insurance for work to be performed. Unless specifically authorized by the Owner, the amount of such insurance shall not be less than the contract price totaled in the bid. The policy shall cover not less than the losses due to fire, explosion, haiJ, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke during the contract time and until the work is accepted by the Owner. The policy shall name as the insured the Contractor, the Engineer and the Owner. 6. Each insurance policy shall be renewed 10 days before the expiration date thereof. 7. Insurance policies must be carried by a recognized insurance company licensed to do business in the state in which the project is constructed and approvad by the Owner's Attorney. 8. The Contractor's and his subcontractor's public liability and property damage insurance shall provide protection in the amounts specified in Paragraph 21.3.1 of the General Conditions against the following special hazards: 1. Damage by blasting; 2. Damage to existing structures; 3. Damage to private driveways, walks, shrubbery, plantings, etc.; 4. Damage to public utilities, electric, water, telephone. gas, sewerage, etc.; and 5. Damage to US government markers. The insurance certificates themselves must contain the naming of the aforestated special hazards. 9. The Contractor shall not commence work under this Contract until he has obtained all of the insurance required and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. 10. In the event any insurance coverage should be canceled or allowed to lapse, the Contractor will not be permitted to work until adequate and satisfactory insurance is in effect. Failure to keep insurance pOliCies in effect WILL NOT be cause for any claims for extension of time under this Contract. CONTRACT SECURITY The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons supplying Jabor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a COrporate banding company licensed to transact business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as publiShed in the Treasury Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. If at any time a Surety on any such bond is declared a bankrupt or loses its right to do business in the state in which the work is to be performed or is removed from the . Augusta Brownfields Pilot (99-00) GC22 - General Conditions I I I I I I I I I I I I I I I I I I GC-23 GC-24 . . list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner. 2. Payment Bond in the amount of 100 percent of the contract price and a Performance Bond in the amount of 100 percent of the contract price shall be required in the form set forth in the Contract Documents. 3. Whenever a Construction and Maintenance or Maintenance Bond may be required in these Contract Documents, the same shall be the Performance Bond included herein. 4. The attorney-in-fact or officer who signs the Performance Bond and the Payment Bond for a surety must file with such bond a certified copy of his power of attorney authorizing him to do 50. ASSIGNMENTS 1. Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or his right, title or interest therein, or his obligations thereunder, without written consent of the other party. INDEMNIFICATION 1. The Contractor will indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of th~ Scope of Services described in this Contract, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the Contractor and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 2. In any and all claims against the Owner or the Engineer or any of their agents or employees, by an employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workman's Compensation acts, disability benefit acts or other employee benefits acts. 3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design or specifications. 4. It is understood and agreed that the Contractor shall be deemed and considered an independent contractor in respect to the work covered by these Contract Augusta Brownfields Pilot (99-00) GC23 General Conditions I I I I I I I I I I I I I I I I I GC-25 GC-26 . - . . - Documents and shall assume all risks and responsibility for casualties of every description in connection with the work, except that he shall not be held liable or responsible for delays or damage to work caused by acts of God, acts of public enemy, quarantine restrictions, general strikes throughout the trade, or freight embargoes not caused or participated in by the Contractor. The Contractor shall ~ have charge and control of the entire work until completion and final acceptance of the work by the Owner. Without Iimitinq the forqoinq, the Owner shall hold harmless Enqineer and Contractor from all claims bv third parties alleqinq darnaqe for pre-existinq site or medical conditions. 5. The Contractor shall require his insurance carrier to add the Owner, his professional consultants and their agents as additional insureds under the Contractor's general liability insurance policy with respect to the services performed by the contractor for the Owner. SEPARATE CONTRACTS 1. The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. 2. The Owner may perform additional work related to the Project by himself or he may let other contracts containing provisions similar to these. The Contractor will afford the other Contractors who are parties to such contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of the work and shall properly connect and coordinate his work with theirs. 3. If the performance of additional work by other Contractors or the Owner is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional work. If the Contractor believes that the performance of such additional work by the Owner or others involves him in additional expense or entitles him to an extension of the contract time, he may make a claim therefor as provided in Sections GC-13 and GC-14. SUBCONTRACTING 1. The Contractor may utilize the services of specialty Subcontractors on those parts of the work, which, under normal contracting practices, are performed by specialty Subcontractors. 2. The Contractor shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval of the Owner. 3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. Augusta Brownfields Pilot (99-00) GC24 General Conditions I I I I I I I I I I I I I I I I I GC-27 I I 12. 1. 4. The Contractor shall cause appropriate provIsions to be inserted in all subcontracts relative to the work to bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. 5. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. 6. The Contractor shall give his personal attention to the fulfillment of the Contract and shall at all times keep the work under his control. 7. The Contractor may subcontract portions of the work; however, he shall not award any work to any subcontractor without prior written approval of the Owner. The Owner's approval will not be given until the Contractor submits to the Owner a satisfactory statement concerning the proposed award to a subcontractor. "Work" as used herein, shall include the procurement and/or fabrication and the installation of the equipment described in the Specifications. 8. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for acts or omissions of persons directly employed by him. All subcontractors shall be deemed to be agents of the Contractor. 9. The approval of the Owner of any subcontractor shall not, under any circumstances, operate to relieve the Contractor or his sureties of any of his or their obligations under these Contract Documents. It is understood and agreed that all subcontracts and approvals of subcontractors shall be based upon the requisite of performance by the subcontractor in accordance with these Contract Documents; and should any subcontractor fail to perform his work to the satisfaction of the Engineer, the Owner shall have the absolute right to rescind his approval at once and to require the performance of such work by the Contractor or entirely or in part through other approved subcontractors. 10. The Contractor shall submit a list of the names and addresses of proposed subcontractors, together with the type of work to be provided, with his bid. The Contractor will not be allowed to make changes in the list without the Owner's approval. 11. The Contractor shall cause appropriate provIsions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of these Contract Documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of these Contract Documents. The Contractor shall inspect all work performed by subcontractors for compliance with these Contract Documents. ENGINEER'S AUTHORITY The Engineer shall act as the Owner's representative during the construction period. He shall decide questions which may arise as to quality and acceptability of materials furnished and work performed. He shall interpret the intent of the Augusta Brownfields Pilot (99-00) GC25 General Conditions I I I I I I I I I I I I I I I I 1 I I GC-28 Contract Documents in a fair and unbiased manner. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. 2. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship and execution of the work. Inspections may be made at the factory or fabrication plant or the source of material supply. 3. The Engineer will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. 4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents. 5. The CONTRACTOR shall perform all of the WORK herein specified under the general direction, and to the entire satisfaction, approval, and acceptance of the Engineer. The Engineer shall decide all questions relating to measurements of quantities, the character of the WORK performed and as to whether the rate of progress is such that the WORK will be completed within the time limit of the Contract. All questions as to the meaning of these Specifications will be decided by the Engineer. 6. The approval of the Engineer of any materials, plants, equipment, Drawings, or of any other items executed, or proposed by the Contractor, shall be construed only to constitute an approval of general design. Such approval shall not relieve the Contractor from the performance of the WORK in accordance with the Contract Documents, or from any duty, obligations, performance guarantee, or other liability imposed upon him by the provisions of the Contract. LAND AND RIGHTS-OF-WAY 1 . Prior to issuance of Notice to Proceed, the Owner shall obtain all land and rights- of-way necessary for carrying out and for the completion of the work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed. 2. The Owner shall provide to the Contractor information, which delineates and describes the lands owned and rights-of-way acquired. 3. The Contractor shall provide at his own expense and without liability to the Owner any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. 4. In the event all land and rights-of-way have been obtained as herein contemplated before construction begins, the Contractor shall begin the work upon such land and rights-of-way as the owner may have previously acquired, and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining land and rights-of-way. Should the Owner be prevented or enjoined from proceeding with the work, or from authorizing its prosecution, either before or after the commencement, by reason of any litigation, or by reason of its inability to procure any lands or rights-of-way for the work, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay, or to withdraw from the Contract except by consent of the Owner; but time for completion of the work will be extended to such time as the Owner Augusta Brownfields Pilot (99-00) General Conditions GC26 I I GC-29 I I I I I GC-30 I I I I I I I I GC-31 GC-32 1. I I I GUARANTEE 1. The Contractor shall guarantee all materials and equipment furnished and works performed for a period of one (1) year from the date of substantial completion. The Contractor warrants and guarantees for a period of one (1) year from the date of substantial completion of the system that the completed system is free from all defects due to faulty materials or workmanship and the Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The Owner will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments or other work that may be necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect though the guarantee period. TAXES, PERMITS AND LICENSES 1. Tne Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. 2. The Contractor shall pay all applicable taxes levied by federal, state, and local governments and obtain all permits on any part of the work as required by law in connection with the work. It is understood and agreed that the cost of said taxes is included in the contract price(s) for the work. 3. The Contractor shall procure all temporary and permanent permits and licenses necessary and incidental to the due and lawful prosecution of the work and shall pay all charges and fees, and all costs thereof shall be deemed to be included in the contract price(s) for the work. WORK ADJACENT TO RAILWAY OR OTHER PROPERTY 1. Whenever the work embraced in this Contract is near the tracks, structures or buildings of the Owner or of other railways, persons, or property, the work shall be so conducted as not to interfere with the movement of trains or other operations of the railway, or, if in any case such interference be necessary, the Contractor shall not proceed until he has First obtained specific authority and directions therefor from the proper designated officer of the Owner and has the approval of the Engineer. ORDER AND DISCIPLINE The Contractor shall at all times enforce strict discipline and good order among his employees and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged immediately on the request of the Engineer and he shall not again be employed on the work with the Engineer's written consent. 1 Augusta Brownfields Pilot (99-00) GC27 General Conditions I I I I I I I I I I I I I I I I I I I GC-33 GC-34 GC-35 GC-36 GC-37 GC-38 GC-39 1. 1. WARNING DEVICES AND SIGNS 1. The Contractor shall fumish, erect, paint and maintain waming devices when construction is on or near public streets for the protection of vehicular and pedestrian traffic. Such devices will be in accordance with the Georgia Manual on Uniform Traffic Control Devices for Street and Highways, July, 1962, "Traffic Control for Highway Construction and Maintenance Operations," Section 11/-1 through 111-75. 2. On a 20" x 30" sign, mounted on a solid post, 8 feet above the ground, indicating the name and night phone number of the Contractor in 4" letters, shall be erected at each end of the project throughout the construction and maintenance periods. The Contractor may remove the sign following the maintenance period. SPECIAL RESTRICTIONS 1. No work shall be allowed after the hours of darkness or on Sunday and Holiday without permission of the Owner. AS-BUILT DRAWINGS 1. The Contractor shall fumish to the Engineer three (3) sets of marked up drawings for an "As-built" record showing all deviations from the Contract Drawings. The marked up sets shall include actual dimensions from permanent markers accurately locating all surface and subsurface entities. CONTRACTOR NOT TO HIRE EMPLOYEES OF THE OWNER 1. The Contractor shall not employ or hire any of the employees of the Owner. DISPUTES 1. Disputes shall be settled in the Superior Court in the legal jurisdiction where the Owner is located. ABANDONMENT OR TERMINATION OF CONTRACT For contracts over $10,000, the Owner reserves the right to abandon the Contract if it will be in the Owner's best interest. The Contractor will be paid a fair payment, as negotiated with the Owner, for the work completed to date. eviDENCE OF PAYMENT The Contractor may be asked to present acceptable evidence from time to time that all bills have been paid for labor, materials, and equipment for which payment on account has been made in monthly estimates. Before final payment is made, the Contractor shall, if required by the Owner, present a swom affidavit that all labor, materials, equipment, and services engaged for the work have been paid in full and that there are no outstanding debts or liens on any portions of the work. Augusta Brownfields Pilot (99-00) General Conditions GC28 I I I I I I I I I I I I I I I I I I I GC-40 ACCESSIBILITY OF RECORDS 1. The Owner, representatives of applicable federal agencies, the Comptroller General of the United States, or any of their duly authorized representatives, for a period of 3 years beyond completion of the Contract, shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to this project for the purpose of making audit, examination, excerpts. and transcriptions of contracts in excess of $10,000. GC-41 ARCHAEOLOGICAL PLAN FOR IDENTIFICATION AND EXCAVATION OF SIGNIFICANT SITES 1. Identification and Excavation: Since no known sites are to be directly impacted by proposed construction, no plans have been made for archaeological excavations prior to construction. Due to the possibilities that sites may be encountered during construction, the following procedure has been established: 1. The resident engineer shall be instructed to notify either a local professional archaeologist or the director of the state Division of Archaeology in the event that concentrations of shells, pottery fragments, bones, beads, flint projectiles, etc., are encountered during construction. 2. Construction shall be stopped immediately in the area in question and will be diverted to other areas so as to provide for minimal delays in construction. 3. If the site is determined to be significant, the resident engineer and Contractor shall Cooperate with the archaeologist(s) so that salvage archaeology may be arranged and carried out expediently. The Contractor shall not be held responsible for unreasonable delays associated with salvage archaeology operations. Augusta Brownfields Pilot (99-00) General Conditions GC29 I I I I I I I I I I I I I I I I I I I SECTION SGC.o1, SGC-02. SGC.o3. SGC-04. SGC.oS. SGC-06. SGC-07. SGc.oa. SGC.o9. SGC-10. SGC-11. SGC-12. SECTION GC SUPPLEMENTAL GENERAl. CONDmONS I.!11.S Drawings Rights-of-Way Estimate of Quantities Existing Structures and Utilities Contractor's Breakdown of Lump Sum Payment Items Prior Use By Owner Cleaning Up Maintenance of Traffic Maintenance of Access Erosion Control and Restoration of Property Safety and Health Regulations Pre-Construction Conference Augusta Brownfields Pilot (99.00) Supplemental General Conditions SGC-1 I I I I I I I I I I I I I I I I I I I SGC-01 SGC-02 SGC-03 SGC-04 SGC-oS DRAWINGS The Owner will furnish to the Contractor, free of charge. all copies of drawings (if available) and specifications reasonably necessary for the execution of the work. R/GHTS-OF-WA Y The Owner will furnish all land and rights-of-way necessary for the carrying out of this contract and the completion of the work herein contemplated and will use due diligence in acquiring said land and rights-of-way as speedily as possible. Sut it is possible that all land and rights-of-way may not be obtained as herein contemplated before construction begins, in which event the Contractor shall begin his work upon such land and rights-of-way as the Owner may have previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining lands and rights-of-way. Should the Owner be prevented or enjoined from proceeding with the work or from authorizing its prosecution, either before the commencement, by reason of any litigation or by reason of its inability to procure any lands or rights-of-way for the said work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to withdraw from the contract except by consent of the Owner; but time for completion of the work will be extended to compensate for the time lost by such delay; such determination to be set forth in writing and approved by the Owner. ESTIMATE OF QUANTITIES The estimated quantities of work to be done and materials to be furnished under this contract if shown in any of the documents including the bid are given only for use in comparing bids and to indicate approximately the total amount of the contract and the right is especially reserved except as herein otherwise specifically limited to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract and such increase or diminution shall in no way vitiate this contract nor shall any such increase or diminution give cause for claims or liability for damages. EXISTING STRUCTURES AND UTILITIES The existence and location of structures and underground utilities shall be investigated and verified in the field by the Contractor before starting work. The Contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and structures. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his approval, a breakdown showing estimates of all costs apportioned to the major elements of the Contract included any of the lump sum items shown in the proposal. These estimates as approved will serve as the basis for estimating of payments due on alf progress estimates. Augusta Srownfields Pilot (99-00) Supplemental General Conditions SGC-2 I I I I I SGC-06 SGC-07 I I SGC-oa I I I I I I I I I I SGC-9 SGC-10 PRIOR USE BY OWNER Prior to completion of the work, the Owner may take over the operation and/or use of the incomplete project or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. CLEANING UP The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. MAINTENANCE OF TRAFFIC In any work within the public right-of-way, the Contractor shall provide adequate warning and protection for ~edestrian and vehicular traffic from any hazard arising out of the Contractor's operations and will be held responsible for any damage caused by negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The Contractor shall not block traffic on any street more than 30 minutes or without written permission from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom. . Should the Contractor fail to comply with the provisions of this paragraph, the Owner may, with his own forces, provide signs, flagmen, barricades and/or passageways or clear the pavement and deduct the cost thereof from sums due to the Contractor. MAINTeNANCE OF ACCESS The Contractor will be required to maintain access to business establishments during all time they are open for business, to churches, schools and other institutions during the time they are open and to all residential and other occupied buildings or facilities at all times. Bridges across open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The Contractor shall, however, plan and pursue his operations so as to minimize the time that direct entrance is blocked. EROSION CONTROL AND RESTORATION OF PROPERTY The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. - Augusta Brownfields Pilot (99-00) SGC-3 . - Supplemental General Conditions I I I I I I I I I I I I I I I I I SGC-11 SAFETY AND HEALTH REGULATIONS The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL31-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). The Contractor shall also comply with any other State and Federal Regulations applicable to Underground Storage Tank System Closure. SGC-12 PRE-CONSTRUCTION CONFERENCE A pre-construction conference shall be held at an acceptable time to the Owner and the Contractor prior to the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents. END OF SECTION . . Augusta 8rownfie/ds Pilot (99-00) Supplemental General Conditions SGC-4 . I I I I I I I I I I I I I I I I 1 I I SC-01 SC-02 SC-03 SC-04 sc-os sc-os SC-O SPECIAL CONDITIONS SCOPE OF WORK The work under this Contract shall consist of the items contained in the proposal, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Request for Proposals and the Proposal. LIST OF DRAWINGS No Contract Drawings are available. Bidders must visit the Contract Sites prior to Bid submittal. Unfamiliar Site conditions shall not constitute basis for change in the Contract conditions and price. DESCRIPTION OF THE CONTRACT AREA Site information is summarized in Request for Proposals. PROTECTION OF THE ENVIRONMENT The Contractor will carefully schedule his work so that a minImum amount of exposed earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineer to minimize the transportation of silt and other deleterious material into the stream beds of water courses adjacent to the project. All chemicals used during project execution or fumished for project operation must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed instructions. TEMPORARY TOILETS Contractor shall provide temporary toilet facilities on the site for workmen employed in the construction work when the Facility Manager does not permit access to onsite toilet facilities. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and sanitary condition. Workmen shall be required to use only these toilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the Contract. CONTRACT DOCUMENT AND PROJECT SPECIFICATIONS The Contractor will be provided with three (3) sets of Contract Document and Project Specifications. Additional sets may be obtained at the cost of printing. Augusta Brownfiefds Pilot (99-00) Special Conditions SC-1 I I I SC-DS I I I I SC-D7 I I I sC-Qa I I I I SC-D9 I I SC-10 I I I RECORD DRAWINGS The Contractor will maintain in his office one complete set of drawings (including any Supplemental sketches) pertaining to the project upon which, at the end of each day's work any deviations from the construction lines shown thereon and all changes ordered by the Engineer will be shown accurately in red pencil. If necessary, supplemental drawings will be made to show details of deviations or changes, and these will be kept with the marked set. The drawings will be available to the Engineer for inspection during construction. Satisfactory progress toward the preparation of the record drawings shall be a condition of approval of monthly payment estimates. At the completion of construction, prior to submittin his estima e for final a ment and as a conditi n for a ment thereof. three copies of the record drawings, satisfactorily completed, will be transmitted to the Engineer. EXISTING STRUCTURES Where sidewalks, street signs, private signs, walls, sidewalks, fences, etc, are removed in accomplishing the work, each and every item will be replaced in the same or better manner or condition than that in which it was before construction began. The Contractor wili protect and hold harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private property. REFERENCED SPECIFICATIONS Where specifications or standards of other organizations and groups are referenced in these specifications, they are made as much a part of these specifications as if the entire standard or specification were reprinted herein. The inclusion of the latest edition or revision of the referenced specification or standard is intended. TRAFFIC CONTROL Traffic control shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) of the Federal Highway Administration, Edition of 1978. The Contractor shall give prior written notification to and shall obtain the approval of the Augusta-Richmond County Fire and Police Department of any street closures. CONTRACTOR RESPONSIBILITIES 1. The Contractor shall comply with all applicable local, State and Federal ordinance, Statutes, laws, rules and regulations governing the Hazardous Site Response and Hazardous Material handling and disposal. No pleas of misunderstanding will be considered on account of ignorance thereof. The Contractor shall be in compliance with all applicable Federal, State and/or Local laws regarding employment practices. Such laws will Augusta Brownfields Pilot (99-00) Special Conditions SC-2 I I I I I I I I I I I I I I I I I I I include, but shall not be limited to worker's compensation, the Fair Labor Standards Act (FSLA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the work. If the proposers or Contractor discover any provisions in the specifications or Contract Document that are contrary to or inconsistent with any law, ordinance or regulation, they shall immediately report it in writing to the Engineer. . 2. The Contractor shall pay all Federal, State and Local taxes and fees, which may be chargeable against the performance of work. No additional compensation will be made to the Contractor for taxes or fees. SC-11 DRUG-FREE WORKPLACE The Contractor shall take the necessary steps to assure that he maintains a drug-free workplace. These steps shall include but shall not necessary be limited to the following: compliance with the Federal Drug-Free Workplace Act, Substance Abuse and Mental Health Services Administration (SAMHSA) standards and regulations, Federal Department of Transportation laws and State law regarding drug testing. SC-12 CONSTRUCTION ORDER AND SCHEDULE 1. The Contractor shall be responsible for the detailed order, schedule, and methods of construction activities within the general guidelines specified for maintenance and protection of highway and pedestrian, traffic; utility lines; drainage ways; adjacent properties; and as otherwise specified. 2. After notice to proceed and prior to the first payment on the contract the Contractor shall submit the following for review: A. Breakdown of contract price into units of cost for each item required to complete the total work; this breakdown will be the basis for judging the percentage complete at any time. B. A statement of the order of procedure to be followed that will result in the required protection and completion of the work within the .contract time. C. A bar chart showing the percentage of each item schedules against time and so scheduled that Contractor's order of construction is clearly shown. 3. With each request for payment the Contractor shall submit two copies of the bar chart clearly marked to show the work completed at the date of the payment requested. Augusta Brownfiefds Pilot (99-00) Special Conditions SC-3 I I I SC-13 I I SC-14 I I I I I I I I I I I I I CONSULTING ENGINEER The Owner may engage consulting engineers to assist the Owner Engineer, by providing certain services during the bidding and construction phases of the project. The Consulting Engineer, are authorized to represent the Owner Engineer within the limits of various duties delegated and assigned to the firm by the Owner Engineer. Nevertheless the Owner Engineer remains the final authority. INSPECTION OF WORK The Owner shall provide sufficient competent engineering personnel for the technical observation and inspection of the work. The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access, and for inspections. Inspectors shall have the power to stop work on account of a workman's incompetency, drunkenness, or willful negligence or disregard of orders. An inspector may stop the work entirely if there is not a sufficient quantity of suitable and approved materials or equipment on the ground to carry it out properly or for any good and sufficient cause. Inspectors may not accept on behalf of the Owner any material or workmanship which does not conform fully to the requirements of the contract and they shall give no orders or directions under any possible circumstances not in accordance with the Specifications. The Contractor shall furnish the inspector with all required assistance to facilitate thorough inspection or the culling over or removal of defective materials or for any other purpose requiring disc.,arge of their duties for which service no additional allowance shall be made. The inspector shall, at all times, have full permission to take samples of the materials that mayor may not be used in the work. Any inspection provided by the Engineers is for the purpose of determining compliance with provisions of the contract specifications and is in no way a guarantee of the methods or appliances use by the Contractor, nor for the safety of the job. If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice' of its readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be made promptly, and where practicable at the source of supply. If any work should be covered up without review or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the Owner shall pay the cost of re- examination and replacement. If such work is not in accordance with the Contract Documents, the Contractor shall pay such cost. I Augusta Brownfields Pilot (99-00) SC-4 Special Conditions I I I I I I I I I I I I I I I I I I I SC-15 WASTE DISPOSAL DOCUMENTS Waste generated as a result of Site Work shall be disposed of properly at authorized and permitted facilities at the Contractor expense. The Contractor shall provide a copy of disposal document to the Owner within two weeks of completion of the work. Augusta Brownfields Pilot (99-00) Special Conditions SC-5 I I I I I I I I I I I I I 1 I I I I I Request For Proposals Augusta Brownfields Redevelopment Project Augusta-Richmond County, Augusta, Georgia STANDARD CONTRACT FOR SERVICES I I I I I I I I I I I I I I I I I I I AUGUSTA-RlCH1\tIOND COUNTY, GEORGIA STANDARD CONTRACT FOR SERVICES This Contract is entered into on and as of (Month) , 1999, by and between Augusta, Georgia, acting by and through the Augusta Richmond Richmond County Commission and (Contractor Name). This contract is prepared in accordance with the Purchasing Regulations of Augusta-Richmond County and shall be controlled by provisions thereof. A. Definitions As used in this Contract the terms below are defined as follows: 1. "Augusta-Richmond County" shall mean Augusta, Georgia, acting by and through the Augusta-Richmond County Commission. 2. "Contract Administrator", shall mean the individual and/or department assigned to administer this Contract for Augusta-Richmond County, to wit: the Augusta-Richmond County Administrator Office and Public Works and Engineering Department. 3. "Contractor" shall mean Contractor Name, whose authorized representative is (Name of Proiect Mana~er), Project IHanager, who is responsible for the performance obligation of the Contractor under the Contract. 4. "Commission" shall mean the Augusta-Richmond County Commission. B. Contract Period All work under thi~ contract shall be completed by extended by the mutual written consent of the parties. unless C. Incorporation of Documents The following documents are hereby incorporated by reference into this contract: 1. Contractor's Proposal: Augusta Brownfields Redevelopment Project (date). 2. Contractor's Fee Proposal: Augusta Brownfields Redevelopment Project (dare). 3. Augusta-Richmond County's RFP: #99-x:x.x Augusta Brownfields Redevelopment Project (date), 4, Contractor's Presentation for proposed services (date). s. Contract Conditions 1 I I I I I I I I I I I I I I I I I I In the event of any inconsistency between the Contractor's submission and Augusta- Richmond County's solicitation, the terms and conditions of the solicitation shall control. D. Provision of Services The Contractor hereby agrees to provide- Augusta-Richmond County the services described herein and further outlined in Proposed, Scope of Work. The Scope of ',,"ork shall take precedence over the documents set forth in Section C, above, in the event of inconsistency. E. Contract Amount In return for the services identified above, and subject to the "Non-Appropriation of Funds" clause herein, Augusta-Richmond County certifies that sufficient funds are budgeted and appropriated and shall compensate the Contractor an amount not to exceed Seamount). in accordance with the formula for payments set forth in your proposal. Contractor shall not invoice, or receive any payments in excess of this amount, except pursuant to the provisions of Section K herein. F, J\tlethod ofPavment The Contractor shall submit invoices listing the services performed and completed as outlined in the proposal. The invoice should cite the Purchase Order Number, Contract Number, and date of services or delivery of an end product. G. Time of Essence and Comoletion Time shall be of the essence to this Contract, except where it is herein specifically provided to the contrary. H. Kev Personnel 1. The Contractor shall assign to this Contract the following key personnel: PROJECT MANAGEl{ & MANAGEMENT OVERVIEW (Name of Project Mana2"erlEn2"ineer) SUBCONTRACTOR(s) lame ofKev Personnel A..ssioned to Pro.ect LABORTORY CONSULTANTS name of the Laboratrov and PM A sioned to Pro. ect 2 I I I I I I I I I I I I I I I I I I I 2. During the period of performance, the Contractor shall make no substitutes of key personnel unless the substitution is necessitated by illness, death, Or termination of employment The Contractor shall notify the Augusta- Richmond County AdministratorlProject Director within five (5) calendar days after the Occurrence of any of these events and provide the information required by the paragraph below. 3. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Augusta-. Richmond County. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Augusta- Richmond County will notify the Contractor within fifteen (15) calendar days after receipt of aU required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel. I" Insoection and Acceotance All tasks and reports shaU be conducted and completed in accordance with recognized and customarily accepted industry practices, and shall be considered complete when the products are approved as acceptable by the Department of Natural Resources Environmental Protection Division in writing. In the event of rejection of any report or deliverable, the Contractor shaU be notified in writing and shall have ten (10) working days from date of issuance of notification to correct the deficiencies and re-submit the report/deliverable. Failure to submit acceptable work within the ten (10) days may constitute a breach of this contract for which the Contractor may be held in default. J. Asshmabilitv of Contract Neither this Contract, nor any part hereof, mai be assigned by the Contractor to any other party without the express written permission of Augusta-Richmond County, Georgia. Contractor shall furnish to the Augusta-Richmond County a listing of all subcontractors who perform any work or service under this Contract, and Augusta-Richmond County reserves the right to reject any proposed subcontractor. Further, any subcontractor shall agree that it shall not participate in any way, directly or indirectly, for a period of three (3) years fOllOWing completion of this Contract, in any leasing, renovating, acquisition, or new construction that might be proposed in the final report provided for herein, and all subcontractors shall provide for such waiver by the subcontractor. K. Modifications or Chan~es to this Contract AU modifications and changes to this Contract shall be in writing and signed by both parties. The Contract Administrator with the approval of the Commission, shall have the authority to order changes in this Contract which affect the cost or time of performance. Such changes shall be ordered in writing specifically designated to be a "Change Order". Such change orders shall be limited to reasonable changes in. 3 I I I I I I I I I I I I I I I I I I I the services to be provided or the time of delivery; provided that the Contractor shall not be excused from performance under the changed Contract by failure to agree to such changes, and it is the express purpose of this provision to permit unilateral changes in the Contract now subject to the conditions and limitations herein. The Contractor need not perform any work described in any Change Order unless it has received a written certification from Augusta-Richmond County that there are funds budgeted and appropriated sufficient to cover the cost of such changes. The Contractor shall make a demand for payment for completed changed work within thirty (30) days of completion of Change Order, unless such time period is extended in writing, or unless the Director of Finance requires submission of a cost proposal prior to the initiation of any changed work or services. Later notification shall not bar the honoring of such claim or demand unless Augusta-Richmond County is prejudiced by such delay. No claim for changes ordered hereunder shalI be considered if made after final payment in accordance with the Contract. L. EmDlovment Discrimination - Contracts Over S10.000 During the performance of this Contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, disability, or national origin, except where religion, sex, or nation origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post, in conspicuous places, notices setting forth the provisions of this nondiscrimination clause. 2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such contractor is an equal opportunity employer. 3. Notices, advertisements, and solicitations placed in accordance with Federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. The Contractor will include the provisions of the foregoing paragraphs 1,2, and 3 in every subcontract or purchase order over $10,000 so that the provisions will be binding upon each subcontractor or vendor. M. Termination for Convenience of Au~usta-Richmond County. Geor~ia The parties agree that Augusta-Richmond County, Georgia may terminate this Contract or any work or delivery required hereunder, from time-to-time, either in whole .or in part, whenever the Commission, on recommendation from the Administrator/Project Director of Augusta-Richmond County, shall determine that such termination is in the best interest of Augusta-Richmond County, 4 I I I I I I I I I I I I I I I I I I I Termination, in whole or in part, shaH be effected by delivery of a Notice of Termination signed by the Mayor, mailed or delivered to the Contractor, and specifically setting forth the effective date of termination. Upon receipt of such Notice, the Contractor shaH: 1. Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice; 2. Place no further orders with any subcontractors except as may be necessary . to perform that portion of this Contract not subject to the Notice; 3. Terminate all subcontracts except those made with respect to Contract performance not subject to the Notice; . 4. Settle all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Purchasing Department of Augusta- Richmond county; and 5, Use its best efforts to mitigate any damages which may be sustained by him as a consequence of termination under this clause. After complying with the provisions of paragraph 3 above, the Contractor shall submit a termination claim, in no event later than six months after the effective date of their termination, unless an extension is granted by the Augusta-Richmond County representative. The Director of Purchasing, with the approval of the Augusta-Richmond County Commission, shall pay from the allocated budget, reasonable costs of termination, including a reasonable amount for profit on services delivered or completed. In no event shall this amount be greater than the original contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the services not delivered, or those services not provided. This Contract shaH be amended accordingly, and the Contractor shall be paid the agreed upon amount. In the event that the parties cannot agree on the whole amount to be paid to. the Contractor by reason of termination under this clause, the Director of Purchasing shaH pay to the Contractor the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause: 1. With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: a. Cost of the work performed; b. The cost of settling and paying any reasonable claims as provided in subparagraph 4 above; 5 I I I I I I I I I I I I I I I I I I c. A sum as profit on (a) determined by the AdministratorlProject Director and approved by the Augusta-Richmond County Commission to be fair and reasonable. 2. The total sum to be paid shall not exceed the Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of services not terminated. In the event that the Contractor is not satisfied with any payments which the Director of Purchasing shall determine to be due under this clause, the Contractor may appeal any claim to the Commission in accordance with the "Disputes" clause of this Contract. When termination for the convenience of Augusta-Richmond County, Georgia isa provision of this Contract, the Contractor shall include similar provisions in any subcontract, and shall specifically include a requirement that subcontractors make all reasonable efforts to mitigate damages which may be suffered. Failure to include such provisions shall bar the Contractor from any recovery from Augusta- Richmond County, whatsoever of loss or damage sustained by a subcontractor as a consequence of termination for convenience. N. Termination for Default Either parry may terminate this Contract, without further obligation, for the default of the other parry or its agents or employees with respect to any agreement or provision contained herein. O. Examination of Records The Contractor agrees that Augusta-Richmond County or any duly authorized representative shan, until the expiration of three (3) years after final payment hereunder, have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of the Contractor inVOlving transactions related to this Contract. The Contractor further agrees to include in any subcontract for more that 510,000 entered into as a result of this contract, a provision to the effect that the subcontractor agrees that Augusta-Richmond County, Georgia or any duly authorized representative shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of such Contractor involved in transactions related to such SUbcontract, or this Contract. The term subcontract as used herein shall exclude subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. The period of access provided in the paragraphs above for records, books, documents, and papers which may be related to any arbitration, litigation, or the settlement of claims arising out of the performance of this contract or any subcontract shall continue until any appeals, arbitration, litigation, or claims shall have been finally disposed of. . . 6 I I I I I I I I I I I I I I I I I I I P. DisDutes Disputes by the Contractor with respect to this Contract shall be decided in the first instance by the Borwnfiels Pilot Project Director, who shall reduce his decision to writing, and mail or othenvise furnish the Administrator a written appeal addressed to the Commission. Decisions by the Commission shall be final and binding unless set aside by a court of competent juriSdiction as fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not be supported by any evidence. Pending a final determination of a properly appealed decision of the Project Director, the Contractor shall proceed diligently with the performance of the Contract in accordance with that decision. Q. Inte~ration Clause This Contract, and any and all exhibits thereto, and/or documents incorporated by reference into this Contract, shall constitute the whole agreement between the parties. There are no promises, terms, condition, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations, or agreements, written or verbal, between the parties hereto related to the Provision for Services described herein. IN WITNESS \VHEREOF, the parties have set their hands and seals as of the date first. above written. AUGUSTA, GEORGIA. {CONTR-\CTOR} Bob Young By: Title: Mayor Title: ATTEST: ATTEST: Clerk' Corporate Secretary {SEAL} {SEAL } 7 I I I I I I I I I I I I I I I I I SGC-ll SGC-12 SGC-13 SGC-14 SGC-15 SAFETY AND HEALTH REGULATIONS The Contractor shaIl comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL31-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). The Contractor shall also comply with any other State and Federal Regulations applicable to Hazardous Site Evaluation and IHanagement. PRE-CONSTRUCTION CONFERENCE A pre-construction conference shaIl be held at an acceptable time to the Owner and the Contractor prior to the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents. This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.e.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. AIl claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specificaIIy waives any claim to same. 8 I I I I I I I I I I I I I I I I I Request For Proposals Augusta Brownfields Redevelopment Project Augusta-Richmond County, Augusta. Georgia PROJECT COOPERATIVE AGREEMENT TERMS & CONDITIONS . iiii I I I I I I I I I I I I I I I I I I I . "- S7OI>-2OA (R.v. W2) PART III - AWARD CONDITIONS ASSISTANCE IDENTIFICATION: BP984866-99-0 Page 3 of.9 TERMS AND CONDITIONS: 1. This agreement is performance based and developed consistent with EPA's policy on Performance Based Grants and Region IV's policy for Management of Grants and Cooperative Agreements. The workplan constitutes the recipient's and EPA's commitment to accomplish the program goals and objectives, EP A's review and evaluation of performance under this agreement and EPA's response to the findings of oversight will be carried out in accordance with the stated policies. 2. MBE/WBE CONDITION: 1. The rec,ipient agrees to comply with the requirements of EP A's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements: a) FAIR SHARE GOALS: The recipient accepts the Minority Business Enterprise (MBE)/Womens' Business Enterprise (WBE) ''fair share" goals/objectives negotiated with EPA as the FY 1999 MBEtWBE "fair share" goals/objectives as follows: GEORGIA Construction: (includes all SRF) All Other Categories: 4% MBE and 4% WBE 4.75% MBE and 1 % WBE b) PURPOSE AND OBJECTIVE: The recipient agrees to ensure, to the fullest extent possible, that at least the applicable ''fair share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and Historically Black Colleges and Universities. c) BID DOCUMENTS FOR PRIME AND SUBCONTRACTORS: The recipient agrees to include in its bid documents the applicable ''fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated ''fair share" percentages. d) REQUIRED STEPS AND DOCUMENTATION: The recipient agrees to follow the six affirmative steps or positive efforts stated in 40 CFR 30.44(b), 40 CFR 31.36(e), or 40 CFR 35.6580, as appropriate, and retain records documenting compliance. e) REQUIRED REPORTING: The recipient agrees to submit an EPA form 5700-52A "MBEtWBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements," beginning with the Federal fiscal year quarter the recipient receives the award and continuing until the project is completed. These reports must be submitted to the Grants Management Office within 30 days of the end of the Federal fiscal quarter (January 30, April 30, July 30, and October 30). For assistance awards for continuing environmental programs and assistance awards with institutions of higher education, hospitals and other non-profit organizations, the recipient agrees to submit an EPA form 5700-52A to the Grants Management Office by October 30 of each year. I I I I PART III - AWARD CONDmONS I I I I I I I I I I I I I ASSISTANCE IDENTIFICATION: BP984B66-99-0 Page 4 ot 9 f) RACE AND GENDER NEUTRAL ACTION: If race and lor gender neutral efforts prove inadequate to achieve a ''fair share" objective, the recipient agrees to notify. EP A in advance of any race and/or gender conscious action it plans to take to more closely achieve the ''fair share" objective. 2. OTHER RECIPIENTS: If the recipient does not want to rely on the applicable State's MBEI'NBE goals, the recipient agrees to submit proposed MBElWBE goals based on availability of qualified minority and women-owned businesses to do work in the relevant market for construction, services, supplies and equipment. "Fair share" objectives must be submitted to the Grants Management Office, 61 Forsyth Street, Atlanta, GA 30303 within 30 days of award, and approved by EPA no later than 30 days ther~after. 3. In accordance with Section 129 of Public Law. 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988, the recipient agrees to utilize and to encourage any prime contractors under the assistance agreement to utilize small business located in rural areas to the maximum extent possible. The recipient agrees to follow the sixaffirmative steps stated in 40 CFR 30.4(b), 31.36 or 35.6580 as appropriate, in the award of any contracts under this assistance agreement. Compliance with this requirement will be monitored during management review conducted by EPA. 4. HOTEL/MOTEL CONDITION: The recipient agrees to ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds, complies with The Hotel and Motel Fire Safety Act of 1990. 5. RECYCLED PAPER CONDITION: Pursuant to EP A Order 1000.25. dated January 24, 1990, the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to the Agency, This requirement does not apply to reports which are prepared on forms supplied by EPA. This requirement applies even when the cost of recycled paper is higher than that of virgin paper, 6. PROJECT TYPE CONDITION: This agreement is a project cooperative/grant agreement subject to the terms and conditions of the approved work program. Costs incurred prior to the date of award as shown in block 3 are not allowable for reimbursement under this award. 7. LOBBYING Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501 (C)(4) of the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subgrant. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement rr" e.4w"cl '. 4F_~(Rft.~ I I I I I I I I I I I I I I I . . .' , EPA GR.~ REGULATIONS AND orvrn CIRCULARS The general EPA grant regulations and OMB Circulars listed below apply to all EPA assistance programs. (NOTE: General Administrative Regulations and Cost Principles apply by type of organization, e.g. Scate Agency, non-profit, etc.) Compliance is a recipient responsibility; accordmgly, applicanrs/recipiencs should read and follow these documencs. EPA will provide assistance, if needed, in interpretation and compliance with these documents. Additional regulations for specific EPA programs (e.g. 40 CFR Pam 35,39,45,47) may also apply to the work for which funding is requested. Contact your EPA program representative or Project Officer for details. Tnese documents may be accessed electronically at the following Internet address: Jg~p..;.fI~~.R~.:gQ'y!og9LLl~g$..:h~m. Hard copies are available' up:Jn request. Contact a GrantS Specialist for further information. GENERAL GRAJ.~l REGULATIONS: 40 CFR - PART 7 - NON-DISCRIiYlINATION IN PROGR.-\.i.\1S RECEIVING FEDER:~L ASSISTANCE FROM EPA (1990) PART 29 - INTERGOVERNMENTAL REVIEW OF E?A PROGRA.MS AND ACTIVITIES PART 30 - GR..A.NTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS (1996) PART 31 - UNIFORLV1 ADML."l'ISTRA. TIVE REQUIREMENTS F9R GR..6u.'{TS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS (1995) PART 32 - GOVERNiYIENT-WIDE DEBAR.L\I1ENT AND SUSPENSION (NON- PROCURE;y{ENT) AL'ID GO'i'ERl'.fMENT -WIDE REQUlRElV1ENTS FOR DRUG-FREE WORKPLACE; CLE.A.N AlR ACT AND CLEk'f WATER ACT INEUGIBIUTY OF FACILITIES IN PERFOlUlIANCE OF FEDER.A.L CONTRA.CTS, GR.~,{TS, AND LOANS (1996) PART 34 - NEW RESTRICTION ON LOBBYING (1995) I I I I I I I I I I I I I I I I I I I PROGRAlvr SPECIFIC GRANT REGULATIONS: "40CFR- PART 35- PART39- PART 45- " PART47- STATE AND LOCAL ASSISTANCE (1995) LOAN GUARANTEES FOR CONSTRUCTION OF TREATMENT WORKs (1995) TRAINING ASSISTANCE (1995) NATIONAL ENVIRONMENTAL EDUCATION AC1' GRANTS (1995) Ol\1B CmCULARS: A-2I - COST PRiNCIPLES FOR EDUCATIONAL INSTITUTIONS A-87 - COST PRINCIPLES FOR STATE. LOCAL AL'ID TRIBAL GOVERNMENTS A-I22- COST PRiNCIPLES FOR NON-PROFIT ORGANIZATIONS A-I33- AUDIT REQUIREMENTS - ALL APPLICANTS I I 1 u.s. ENVIRONMENTALPROTECrION AGENCY MBElWBE UI'ILIZATION UNDER FEDERAL GRANTS, COOPERAJ.J. V.E AGREEMENTS, AND INTERAGENCY AGRmIENTS cwaCXlfC'aCU(o.~ Al'ftO'n:D: ~ AZftO'TAL~~ Ill. FEDE:iUL FLSC.U. YU.Z PART L (NEGATIVE REPORTS ARE REQUIRED) I u 1lL JtE!'OK'm<G QUAXI'EJit (C:.::.d: ~~~ ~ . . . IJ1st(Oa-Dec) !i 2nd(Jan-;'\br) U 3C"d(ApC"-Jun) 04th(Jul-Sep) 0 Am:1u:tl I~. fECOAL Fl:'iA.,'iCLU. ASSIST A. 'iC:::: AG~CY (E? A. O!r~ Ad1fn:c) 3. R.E?O~G ~'T ~ snQ Ac!~l I I.-\. R..::?OR"I1:'iG CO:-''1' Acr P'HO NE.: JA. RE...'CIO R1"!:'iG CO:-,-r Acr PHONE.: I~ ID"A.'iCLU. ASSIS1"A.'iC:::: AGR.E:::\~ l!) :-'u~f3E.-:t ~B. r".:.Oo.AL F!:'iASa.U. ASS'~-r.-\.'<C:::: PROGRA....{ I SA. TOTAL G~'iT A.\tOL"Nr I 1 53. TOTAL CO:-'~cr:?ROCt1U:\s:::-.'T A.\(0m.-r T".ns QUA.R:l.::..-<: s . s sc. R.ECIP!:::',-r-S ~ f3Ef7i'B Z GOALS ~f3E ~ WEE ~ f"D. Acr-.:..u.. ~c!E'.f"',QE PROCt~'CE:';T ACCO~l?!..IS-rlE:D TIi!S RE..'"ORT!:'iG ?ER10D ~f3ES WEES 5E.. :-'C:GA TIVc; RD"ORT (~l 16. I I o SEE INS'I'R t:c-r10NS co~no::'trs: 17. ""-'IE OF At;TRO= llEl'ltESE:<rATlVE Innz I DA~ 1- .15. SIQ{ATtIRE OF AlJ"TI:l:ORlZED R.EP~'TAl"IVE . F.-\ FORo"( S;OO-~ - (5190) I I I I I I I . . - . . I ~ .. I ~ .,; ... I - "- I :z a c: .... 51 ~-- - ~I I I I I - :> - - ..; - :"'" .::l I I - 'i - ~ 0 - - ... :. ;00 .... .., i g -~ = - - ~~ ! ""'------- r; ~ 0 I I - - .. g -<g '= - ;, q r; J. I I I I ~ :; - :.. 1;-- '< -- - - I ~ E. /- - ~ (a = n - = - -.. ~ ;r; -< = = -. - ~ = _ r: t": = = ~ - :;I" - ::>= ......-- = =~t; - -. c <c.~ -:: ...; - o..C -c- ~. -. ~ - .. :t: - .; r-:" ~ . r",) ~ -; c~i =-t: r':: -_ - a 2: = .~ > c.. c.. e c ... <:='" Q :: ~~ :; < = r.= ~ c - - -. III " C ., c ., .w....... D D . e :;o't:'lP'> rei} ~ fei" f if;; lZ~p,,,,, t [ J I -"!f-~ f;-ga ~ ~ fog ~:"Ir'~ C,fr-,_ ~ =- r ~ k' ~ :I: .. ~ i.:= ;:- it ... I COI'\C".~ n n n n :l ----~ ..- of 'i S ~ :l ~ .... i ~ ~ ~ s 1;'=~'~ ., z:--~ t03a r - o J - :II: f ~ >- ::;( ;: =- - ~ ~ 1::1 >- . - "" ! I I I I I I I I I I I I I I I I I I I 40 CFR Sections 31.36 contains procurement standards to ensure materials and services are obtained in an effective manner and in comoliance with aoolicable Federal statutes and Executive Orders. Superfund recipie"-ts mUSt Comply with the appropriate Superfund regulations, 40 C?R, Sub9a~t M or Subpart o. . PROCUREMENT STANDARDS STATES. will follow the same Policies and procedures it uses for procurements from its non-Federal funds. The State will ensure that every purchase order and/or Contract includes the clauses required by the regulations, 40 CFR 31.36(i) OTHER GRANTEES AND SUBGRANTEES will follow the prOVisions in the regulations at 40 CFR 31. 36 (b) through (i). Grantees and subgrantees may Use their own procurement procedures which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in Section 31.36. SOME major pO~nts in t~ese sections a""'Q. -- . All transactions shall be conducted in a manner to prOvide, to the eXten: practical, open and free competition. All recipients shall establish written procedures which at a minimum shall: prevent purchase of unnecessa=y items; require where aooroc::-iate, an anal vsis of lease and pur=hase alterna~ives to determine which is most economi=al and oractical; ensU::-e that soliCitations provide: a clea::- desc::-iption of technical requi~ements ::-eO'ui~ements which bidder must fulfill and factors to be Used in evaluating bids a descriotion wheneve::- c~acticable of tec~~ical ~eauirements in te~s of functions to be oerformed or oe~formance recruired includin~ acceotable standa::-ds _ Soecific - featu::-es of "brand name o~ equal" that bidders are required to meet Recipients bUSinesses, enterprises: shall make oositive efforts minority-owned firms, and to utilize small women's business Procurement files must contain at a minimum: the baSis for contractor selection justification for lack of competition basis for award - Cost or price Section 31.36(i) contains contract prOViSions that must be included in all Contracts that exceed the small purchase threshold which is currently SlOO,ooo. I I I I I I' I I I I I I I I I I I I I DISADVANTAGED BUSINESS ENTERPRISE (I'vIBE- \VBE) You have ag:::-~~c 1.n the tez:ms and "conditions of you:- assistance ag:-eemenc co a fai:- sha:::-e objective and to make posicive e~~orcs to utilize sm~ll businesses, small buiinesses in rural areas, minor.iey-owned firms, and women I s business encer?rises whenever Possible. You and your contraccor(s) muse maincain documentation of your efforcs Cowards compliance with these requi:-emeqts. . (1) 'Positive efforts include all of the following steps: Ensure that small businesses, minority-owned firms. and women's business enterprises are used to the fullesc extent p::-acticable. (2) Make info::-mation on "forthcoming opportunities available and arrange time f:::-ames for ourchases and ccnc::-accs to encou:-age and facilic.ate oa::-eicioa-eion bv small 'businesses, mino::-ity- o'NTIed fi~s, and women~s business eneerprises. ( 3 ) Conside::- in the coneract process whether firms competing for la::-ger co~c.::-acts intend co subcontract: with small businesses, minority-o~ned fi~s, and Women's business enter;rises. (4) Sncou::-age cone::-acting with consortiums of small businesses, minority o~~ed :i::-ms and Women's business ence::-p::-ises when a cont::-ace is Coo large for one of these firms to handle indiVidually. (5) Use the ser-vices and assistance, as approp::-iate, of such orcanizations as the Small 3usiness Adminis=::-acion and the De?art:menc of Commerce's Mino::-ity Susi:less Development Agency 1.:1. the solicitation and ucilization of small businesses, minority-o'Nned fi::-ms and women's business enterprises. ( 6) If the 9::-!.me cont::-actor to c::lntrac:or awards subcont::-accs, ::-equire take steps in paragraphs (1) chrough (5). the REPORTING ~~ MBE-WBE recort, Standard 20rm 5700-52A, must be submitted by every reCipient-in accordance with the terms and conditions on your award document. I I I I I I I I I I I I I I I I I I 1 INSTRUCTIONS ~fBElW13E 1:Trn.IZA nON UNDER fl:DERAL GR..-\J.'ITS, coo PERA TIVE AGREEYrs.,'TS , AND ll';"TERAGENCY A GR..E.E\1E.'ITS EPA FOR..\! 5700-52A A. GeDer::u ~ ._-n~ M3E!\VEE utiw::1tiaa is ~ 00 Executive Orde..--s UQ15, 12138, .l..2432, P.L. 102-389 a..ad EPA Re:guI.:ltiocs P:1rt 30 3.lld 31. E?A Fonn SiOO-52A Int:S't be c::omplet.ed by recipients of F ede.."":U grJ.ats., Q)()~ciTe ~~encs, or othe:- Fcde.."":U fi"~"'~"l ~ whic:.!:l involve PnJ<:Ure:::l::=t or s..:pplies, equipt:1e:1t. cll::st:"Udioo Or'S e.m c.es to a c:x::o.c p Usi1 F ede.."":l! ass:ist:1.aa: p~ Reci pien t.s :u-: ~ to report to E? A within aae coat!:: raUowi=g tl:e e::d or e:::tc:.!:l Fede.."":l! rlSc:U '!'!::U' qt.1.:J.r~ at" 3.C.Cu:1lly 3.S in tl:e a,,~e::t. B. Definrt:oc:s: ?,.:Jc~r~..:':~r..l is tl:e aqt.l.:SlClaQ t1:..""'O~h orde:-, pu..-:""'.se. !e=,se or b:u-~ of supplie:s, ~uipment, QC,Stn:c:tioa or s.enic:::s needed to a=mpIlsb F eder:1l as.ri.s'ucce pt"Ogr'-c.s. A canm=c: is:l ....-nt~ ~~ent bet-..veen ~ EPA t"eC?ie.ac :u:d ~od:er P::"-=7 (other tl-~ a.aocher public :L:i'!::C:Y) a.ad a.l1y lowe:' tier a,,~ent fo. ~pme::t. se.mc:::s. sups:lie:s, or CO~..1dioa c~ to ClJ.:lJpl~ tl:.e project.. Iocludes per'SOa:J.1 and profe:ssioa:1l seni~ a",~enLS with coasulUats, a..ad p~ orders. A mi.n.ori."J bu.::ir~J:S ~r:uf'JJ"..u (M13E) is a bus:ine:s:s coac:e.~ th:1t is (1) at 1e:1St Sl pert::eat owned by one or II:O~ tnLaority i.o.d.irid~, or, in the cse of 3. publicly owned business, at Ie:::tStSl percent. of the stock is owued by one or man: tnLaority indhidtcls; :u:d (1) wease cUily busiae:ss opU":lcioas J..~ ~ed a.ad directed by ace or" ca 0 C"e 0 f tl:e c:1iao ri ty 0 W'Q e:"S.. U.S. ci t:iz.e:sbi p is required. Reap ieats slu1I P l"'eSUme th:1t mino riry indi rid~ iacl ude B!.:lck AII:eric:aas, Hispaaic: Axnericaas, N:1tiTe A.:::: en c:::.as, Asi.::La P:1 ci.f'i c Am e.ri em, or 0 the:- group:i wh~ xnecbe:s :l.r'e found to be d!s:ldva.ab.ged by the Scull BlISiness- Ac:: or" by the S e::c-..ury 0 r COlI::::e.~ under secioa S o( E:cec".uive order 11625. Tbe reporti::lg coatact at EP A QJ1 proride additioa:J.1 iaIo~tioa. A ""orr...:1% b~::s ~r..lu?~ (\YBE) is 3. bc:si.ae:ss coac::r.l th:lt is, (1) at le::.st 51 ~t OW'QeQ by Oae a. more woxnen., or, UJ the o.s.: of a publicly O'rn1ed busi.t:e:s:s, at le::st Sl ~t of the stoclc is. owced by ace or .no~ WOQe:: 3.lld (2) wb~ d:tily b usi=ess a pen ci 0 C,S J.C": ::J:l.:::1ged a:d ~ by Oce Ot" core of cbe wo!::e.=1 owners. B usiaes:s rU'tllS whi6 :u-: 51 ~ owued by mU:oricie:s or WOQe:x, but ~ in f:u: c.:l.a:1ged aad o~ted by aoc-aW:oriry inc!iridu.:tls do aot qu:iliiy for meeti.c.g ;,',mEfWEE P~e:ct goals. r::e foUowU:g lfrLr.:::.lC7e SUps far uti!i";..~ ~mEs 3.lld .\VBEs J.C": I"equi~ to be doc-..:::e."1ted: 1. Inclr.:.s:ioo of M13Esi\V'EEs oQsolici~cioa Ilsts. 2. A..ssure ;,\offiEsI\YBEs are solicited oace they u: identified. 3 . \\-'here f e:lSib 1 e, di ri d e to t.J.l r-eqt.t.ire:c:1eats into SlJU1le: C:1Sks to ~c c:xC:i=:u:::::r. ~mEl\VBE p:lnicipacion. ~. ""'here f e:1S:ib I e. e:s ~b Lish deli Ver:'" sclledules w hic:.!:l will e.ac:.o w-o...g e MEEI\YBE participation. 5. Eacounge use of the ser;ic.es of the U.S. Departmeat of CalI:mer~ls ~.llaoricy Busiaess Deve!opme.'1t Ag~c:y (MEDA) ::znd cbe U.S. SCl.:l.!l B~ess Ac!:mia.ist:-::.cioa to ide:xwy ~mEsl1YBEs. 6. Req~ tb.:1t e:::tc:h p:u-ty to So subgrant, sub:1",~eat. or con~<:t award u.ke the :J.f!Innati v e steps 0 ucl.i.aed here. I I C. Wl:!. uU:ioas foc- Put 1; I 1. Co CD P I ete F eder':l.l flSc:tl le:Jr and check appliQble reporti.ag box qu:uterfr or- Am1U3lIl. (F edenl f1SC1l1e:u' runs from Octo bet- 1 throug!l September- 30.) I 2. rwm be provided by EP A.. · I 3. rde.c~fy the ~e::c:y, sut.e authority, wUven:ty or- aU:er o~J.ci:::ltiOI1 which is ~ r-ecipieat of the F ede.."':I.l f uu.:::ci.:ll as::sisuace and :be ~011 to COI1UC: CJ~ this repone 4.a.. G~Ucoo~tive 'a,,~ent or- Iat.e.."":lgeac:y A,."'t'ee::I1eat l1umber as:s:ig'aed by EP A.. I I 4b. Refer bad: to ~t docume::It far- this U:U 0 n:::l~o 11. I S:J... TaU! ~t :u::::ount wllicl1 it:dude:s Feder:U run cis p I us reci P i e.:1t c::.3 t.c:.!:li.ag fun cis an d funds from othe:- so~. I 50. To~ conc:-::C"..s/proC'~e.cts J.W";U"ced this ~~. Fat" eo:c.=mple: Acnul do~ for' proc-='=1e:::t from the p~..cg om ce; actu:1l COOt=':1C:S let from the CJat:':1c:s office.; actu:1l goods, senic::s, supplies, etc., from other SO UI"':e$ ice! :ldi !";i the =t:':1l P~I p~e.:lt ce=~). I I I Sc.. Po.....ioo of taU! proc~--=e.ct do~ recipi~t p l.u:s :.0 sp.e:: d wi th M:SEs 0 r- \lIB E.s this nsc::tl :e::J.:. \\-ith t.'le COI1cu..'"r"e:lc.: of E?A, a fair s I:ure goal s!u.ll be de!e:":nined by e::lch reepi:.::c.. I S cL Do llu :un 0 uot 0 f all i\ (BE/WEE proc..trtm~ :unouncs J.W"3.rded under this reporting ~od.. (These :U::::OUl::CS i.t:clude the Feder:1l, St1t.e 3J1d locl s~ it: the P~ent 3.W'J.rds). I I 5 e.. Check 0 nl y if 00 P l"OCUre:n e::Its wee I1l:J.de this re po rung pen 0 d.. (If do Ibr JIOO UI:ts are showu La 5b. in ili Q ~ re::.so 11 in Ii. Co a:..:::~"1 ts Sec:ion). I 6. Additiorul com:ne:1ts or' ~I~tiocs. Ple:ue refer to specific itmx I1t:111ber(s) if ap prop rUte.. I 1. :-; :un e an d ti tl e 0 f 0 ffi ci.21 a cfmia.h""t:':l to r- 0 r- de:si gT'..:l ted repo ni.cg offic:i.:1l. I 3. Sig""...:l~:Lad CDOI1th. c:by Ye::J..r report submitted. I D. L.t.. uU:ioas {or .Put :r:c For' cc:h MBEI\YBE procure:aeat lIUde Wlder' this ass:i.sUnce a..~eot during the report:ing period.. provide the foUowi.ag infomutioa: 1. Ched; whether this is a fi.n: tUr P~eot lIUde di.reaIr by Feder:1l fLIU.l1ci.:ll :J.SSisunce recipient or- other ucorrd d.:r Pt"OalI"'e%:leot m:J.de by recipient's subgt-:uItee 0. prime contr:tC:Or. l:aclude aU qu:ili.f ying s eco Il d ti e:- p u..-cll:tses e:t ecu t.ed this qu:1rte:' ~udles:s of ween the fU'St tier P rocu..-e:::tent oCl:l.II"red.. 2. Check ~(BE or- \oVBE. 3. Dollar value or P~ent. 4. DJ.t.e of awud, shown as l:1oath, cUy, Je:Jr. s. Using ~des at the bottom of the fCn::l, ice.ctify ~ of produc: at" se.-rice acquired tb.ro ug i1 U:..i.s p C"tX'..u ~. e. '1 c (e:g., e.a ~ 1 if :J."."Ticu!tt...~ 2 ii micir.g, et.c). 6. NJ.me and add.-es:s of !'rrnEI\VBE fU"m. n.;. ciA&A :. ....... CSkIi :.. <:a cs;r, .,.:...,: ~C11 .......4..... br. =r..: or ~ca (.IQ en ~ ~ &Ad J1); OMS C'~ or a4.;jcd!ly E?A t.1 =.... _Ad &Ad dT~ ~ :l:I.&AAC="'"- ~ <:acspl.:k ~ &t'll .........ind :.. ~ ~02ai.:.c. ..~ 110 pIcd.;" o( <:a~.,. .. p~aL n. l)Qblioc '''.;:''11-::':::: &Ad .......1'<IiAc !wal'daa ror ~ ~. at w~ ia ~ t.a &~ 1 !Iocr..... l"l:spoae uaaaa,.. ~ lDCILll:I tlu ~ ~ .aort. v ~ ~"""" cz;oaodal lIT pcnoaa to c..wn:.c. ~ l"lS&im. or ~.. ... pn.w. iAl~a to" (/01' & Fcd.n.I "C"DCT. nia ~dca tlu lim.-..Iocd to ",..;,.,.. Wln=_ ~daPo ~ ~ &Ad olUtm I_~ '--a &Ad JT1:==I (or tllc ~"'pooa ol ~. ~. &Ad ~ W.~a., p~ &Ad ....:...:.:.c: Wo~a., &Ad. ~ &Ad j)t'V~ Wo=--ao adjlut ell.. cziIIi:c ...". to -JltT wida 1&111 ~cutr &ppii.:ab.le ~c:..... &Ad ~ cn.ia ponou.s to be &bLo to l"l:spaAd to . <:ailC.oa. o( Wono&Caa,; ~ ~ ...0= <:acs~ ud ~ tll. <:aa..:::.oa. o(Wor:zudoa,; &Ad: lnAI=4 or oell=-tw ~ ell. Wor:a,ci.... A.2 -c'ClXT 2JI1 _ CIIuftlS or spa_r. &Ad & pcnall i:s 0'" ~ to rapaDCl C4. . ....i1..l:C.sa. of Wol":D.&ci.sa oa.Lca ~ dZopUys . ..CIIm:a1ly ~ o~m CIIa.u..l u =bet. Scad ;"0I.m~ oa. tll. A.;eaq'1 II.-i (or ~ Wo~ cla. accanq of tlle p....Yi4<d bordca. ~ &Ad &A1 ~-.!Ioc!:a {or -;':"';"'C l"l:s;la~ b.o~ iAC:~ ~ tllc aM 01 aatolll.lol.<d <:a11.ad:iAa. ~.. to ell. Olndor. OPPE ~11' W~a Olorisiaa., tt..s. ~a.mdUd ~c..::ioo Accscr C06l. 4lI1 ~ St.. S. W.. W ~ D.C.:.a.l&1.. L:oc!IIdc ell.. OM3 c-u... 1Ia. m.bu LA &AY CDI'ftO ;laoa- Do 11M oe4 ell. ......pIod..d (0.. r.o ~ ..td.n:aa. I I 1 I I I I I I I I I I I I I I I I Request For Proposals Augusta' Brownfields Redevelopment Project Augusta-Richmond County, Augusta, Georgia PREVIOUS ENVIRONMENTAL INVESTIGATIONS I I I I I I I I I I I I I I I (0 ~ Elam Residence Site Polrep #2 and Final DATE: August 3, 1998 . John Nolen, ose, U.S. EPA, Region IV ~~~ Emergency Response and Removal Branch~' . Regional Response Center Dan Thornton, EPA HQ Regional Coordinator Hagan Thompson, Office of Public Affairs Ga EPD Michael Henderson, ERRB Community Relations Sherry Carbonaro , ERRB Community Relations Site File Branch File FROM: TO: I. GENERAL SITE INFORMATION Elam Residence Site 2027 Walnut Street Augusta, Richmond County, Georgia Latitude: N33 26' 17" Longitude: W81 59' 33" Site # A4F8 EPA ID# GAD984319376 Response Authority: CERCLA NPL Status: Non-NPL Incident Category: Time Critical Removal Action State Notification: Ga EPD Status of Action Memorandum: Signed 6/4/98 Site Ceiling: $78,000 Start Date: 6/22/98 Completion Date: 6/26/98 II. BACKGROUND INFORMATION . . A. Site Description: I I I The Elam Residence Site is located at 2027 Walnut Street in Augusta, Richmond County, Georgia. The site occupies one residential property located in the Hyde Park neighborhood adjacent to an area called the Southeastern Augusta Industrial Site. I I I I I I I I I I I I I I I I I I ~ ~ In 1993, the U.S. EPA conducted a site investigation at several facilities located within the Southeastern Augusta Industrial Site. The study area also included the neighboring Hyde Park residential area which borders a portion of the industrial area. The study indicated that elevated levels of PCB's and metals were detected in soil samples collected on the Goldberg Brothers Recycling, Inc. property. The Goldberg facility is a metal recycling facility which occupies 9.7 acres adjacent to the Hyde Park neighborhood. These contaminants were also detected in a drainage ditch which runs through the Hyde Park neighborhood. These contaminants appeared to be migrating from the Goldberg property. In 1994, Goldberg signed a consent order with the Ga. EPD to address on-site contamination and surface water drainage. As a result of the order, Goldberg constructed a berm around a portion of the facility to . prevent any additional runoff from impacting the adjacent residential area. The Ga. EPD also utilized State Superfund money to remove the contaminated sediment from the drainage ditch that runs through the Hyde Park neighborhood. In 1997, at the request of the Hyde Park and Aragon Park Improvement Committee Inc., the U.S. EPA conducted a site investigation at the Goldberg facility. This investigation included an on-site radiation survey, and off-site soil sampling. Samples were collected from residential yards that border the Goldberg facility, and of drainage pathways leading from the facility through the Hyde Park neighborhood. The residential samples were collected from areas in the backyards that appeared to have been impacted by past runoff from Goldberg. Lead and PCB's were detected in some of the samples, In November, 1997, EPA conducted a second round of soil. sampling (Phase II) in the Hyde Park Neighborhood. The purpose of this investigation was to further characterize soil conditions in the residential yards of concern. The data from the phase II sampling investigation indicted that lead was detected in the surficial soils at levels of a public health concern at the Elarn residence only. Laboratory analysis from the 1997 soil sampling investigations revealed lead levels as high as 1,400 parts per million (ppm). . . I I I I I I I I I I ~ The OSC determined that the 'si~ met the criteria for a time critical removal action as defined under 40 CFR part 300, of the National Con~ingency Plan (NCP) , section 300.415(b) (2). The lead in the surficial soils pose an immediate threat to the health and safety of residents of the property, neighbors, and trespassers who may enter the site. Human exposure to site related contaminants may occur via inhalation of windborne dust, inadvertent ingestion of contaminated soil and direct contact with the contaminated surficial soils. Surface water runoff migrates away from the site and enters the Hyde Park surface water drainage system. The Hyde Park drainage is expected to eventually reach Phinizy Swamp, a large wetland area approximately 6000 feet to the east of the site. The swamp extends approximately 5-6 miles to the south-southeast before meeting with the main channel of the Savannah River. The contaminants of concern pose a threat to the terrestrial flora and fauna of the above mentioned surface water migration pathways. III. RESPONSE INFORMATION . . A. Actions Taken: I I I I I I I I Using the analytical data from the 1997 sampling investigations, EPA's Office of Technical Services conducted a Health Consultation/Risk Assessment for the site. In determining whether or not the concentrations detected in the surface soil samples were at unacceptable risk levels, the arithmetic average of the detected concentrations in each yard/residence was calculated. The average concentration of lead in the .' Elam yard was 808 ppm. Every sample collected in the Elam yard had a detection of lead above EPA's screening level of 400 ppm. The detected concentrations of lead in the Elam yard were determined to be at an unacceptable level for exposure to children. On 6/22/98, EPA along with the ERRS and START contractors mobilized to the Elam property site to initiate removal activities. The ERRS contractor, IT Corporation began excavating the backyard of the Elam residence. Approximately one foot of soil was removed from four 50 I I I I I I I I I I I I I I I I I I I ~ foot by 50 foot grids. During exca~tion, a water spray was applied to the soil to minimize airborne dust. The soil was loaded direct~y onto trucks and transported offsite to the BFI Hickory Ridge landfill in Conley, Ga. Approximately 200 cubic yards of lead contaminated soil was transported Off-site. Following the excavation, the START contractor collected confirmation soil samples from the excavated grids. Lead levels in the confirmation soil samples were well below the 400 ppm cleanup goal established for the site, The excavated grids .were then backfilled with clean fill, regraded to original grade and revegetated. Start collected pre-excavation and post- excavation wipe samples for lead from inside of the Elam residence. Both samples were non-detect for lead. On 6/26/98, the EPA, ERRS, and START demobilized from the site concluding the removal activities. B. Community Involvement: The Hyde Park and Aragon Park Improvement Committee were kept informed of all activities pertaining to the Elam Residence site from the initial site investigation through the completion of the removal activities. IV. CONTRACTOR INFORMATION AND ESTIMATED COSTS A. Contractor Information CONTRACTOR DO NUMBER POP START POP END DO AMOUNT IT Corp. 4009-F4-005 6/10/98 6/14/99 $50,000 B. Estimated Costs Extramural: ERRS: START: $26,000 $5,000 Total: $31,000 I I I I I I I I I I I I I I I I I I 63 Intramural: ... EPA Direct EPA Indirect $2,000 $4,000 TOTAL SITE COSTS $37,000 * These are estimated costs based on information available at the time of this report. These figures should not be used to support or dispute any legal action regarding this project. V. DISPQSITION OF WASTES Waste Description Approximate Waste Disposal Stream # Volume Stream Location Treatment Method 1 Non-Haz 200 cubic Subtitle D BFI Hickory soil yards Landfill Ridge containing Landfill, lead Conley, Ga. VI. ROSTER OF AGENCIES/ORGANIZATIONS ASSISTING IN REMOVAL Org./Agency Contact Phone Number ROle/Activity U.S.EPA John F. Nolen (404 ) 562-8750 On-Scene 61 Forsyth St. Coordinator Atlanta, Ga. 30303 Tetra Tech Em. Samuel Yount (404)225-5517 START Project Inc. Manager 1750 Corporate Drive Suite 735 Norcross, Ga, 30093 . . I I I I I I I I I I I I I I I I I I I (b - IT Corporation Scott Lyle (770)787-3834 ERRS Project 5445 Triangle Manager Pkwy , Norcross, Ga. 30092 I I I I I I I I I I I I I I I I I I ({) . !! I I I I I I I I I I I I I I I I ./ . (V 2 8 01'70 .....; SITE INVESTIGATION LETTER REPORT GOLDBERG RECYCLING SITE AUGUSTA, RICHMOND COUNTY, GEORGIA 1.0 INTRODUCTION This document has been prepared in accordance with the requirements of Technical Direction Document (TOO) No. 04-9710-0007, which the U.S. Environmental Protection Agency (EPA), Region 4, assigned to the PRC Environmental Management, Inc. (PRC), Superfund Technical Assessment and Response Team (START). The overall scope of this TOO, monitored by On-Scene Coordinator (OSC) John Nolen, was to perfonn soil sampling of residential yards adjacent to the Goldberg Recycling facility in Augusta, Richmond County, Georgia. Specific elements of this TOO included conducting soil sampling, documenting all on-site activities with written log notes (see Appendix A), collecting photographic documentation of site activities (see Appendix B), and preparing a letter report. 2.0 SITE BACKGROUND - The Goldberg Recycling site (Goldberg) is located at 241 Bowles Road in Augusta, Richmond County, Georgia (see Figures I and 2). The 9.7-acre site is a metal recycling facility that consists of two large buildings with attached offices and a vehicle maintenance area. A large portion of the property is covered wirh scrap meral. Several roadways, including Bowles Road, run through rhe faciliry to allow trucks to deliver and remove scrap metal. The portion of the site south of Bowles Road, known as Richmond Recycling, began operation in 1990, but was used to store prefabricated lumber prior to that,,' date, The portion of the site north of Bowles road, which Goldberg purchased in 1979, has been an active scrap yard since 1952, The Goldberg facility is bound to the northwest by a railroad line, to the northeast by a highway bridge and drainage ditch, to the southeast by a residential area, and to the southwest by M's Salvage (see Figure 3). Runoff from the northern side of the site tends to flow northeast before being controlled and directed by drainage ditches into the stonn runoff drainage ditch. At the request of the Georgia Environmental Protection Division and the Hyde Park and Aragon Park Improvement Community, Jnc., the EP A conducted a site investigation at the Goldberg site on May 13, 1997. 1 I 2 8 o ~l i'l @ I -4 I I I I I I I I I I I ... .. .. .. I I I I I I 2 t > c Cl 55Cl >'""l'C . r "'::;::lO "';-:::l :::::ljr:"l -'-:;::l Z~Cl :::O:;::l z:Zi-: '01) .0.....-< -..J, J Ij -Or- ?c- ozz O;;;;jCl o . -..J.-< en Cl- --l 0::7 :;::l 9 > C/.l - ~ m t"""""rj 0_ no .~~ om ZN 3: :> ""C ".. o 8 o t '/ I (,J ,~ q) I I I I I I I I I I I I I I I I I I I 2 8 o ~I 7 j (!.::J ... R 1r J: o o s J I J c::J 1 0 I I 0 0 IOU ~! ~~ g ! f 0 0 ; f 0 ;; / D fOo L--__-1 0 / o o 0 o o o 0 o o 0 o o o 0 o o 0 0 o 0 0 o 0 0 00 0 0 0 o 0 0 000 o o~o 0 o I:) I:) I:) o l5 0 oIl:) 00 o 0 ____ 0 o 0 o I:) 0 0 I:) 0 0 01:) 00 o 0 o e 0 0 DFU,1KAGf: Dll'CH o 0 0 l5 o 0 0 o I:) o & o l::::::l o o a o o 0 o 0 o o 0 o I:) 0 o I:) o a o 0 o 0 c:::J t::::::J o c:::J o c:::J o 0 a GOLDBERG RECYCUNG CENTER LEGEND o BUILDINGS / DRAfNAGE DITCH a SURFACE SOIL SAMPLE ././ FACILITY BOUNDARY NOT TO SCAlE GOLDBERG RECYCLING SITE AUGUST~ RICHMOND COUNTt GEORGIA TOO NO, 04-9710-0007 FIGURE 3 SITE DIAGRAM ENVIRONMENTAL MANAGEMENT, INC, 4 I I I I I I I I I I I I I I I I I I I (j) 2 8 0'174 ......; 3,0 SAMPLING SUMMARY On November 5, 1997 , START mobilized to the Goldberg site to conduct soil sampling of the residential yards east of the facility. After receiving access to the residential properties, EPA requested that START collect 13 composite surface soil samples from designated yards on Walnut Road (see Figure 3). START began soil sampling activities at the Elam residence. The backyard was gridded into four equally sized grids (see Figure 4), A five-point composite surface sample was collected from each of the four grids (GR-SS-01 through GR-SS-04). An additional surface composite sample was collected from the Elam residence, in an area 3 feet from the scrap yard fence line (GR-SS-05). This sample was collected in an attempt to replicate sampling results from the May 1997 sampling evem. START then gridded and sampled the Brown residence yard and the Jackson residence yard. The backyards of these residences were measured, gridded, and sampled in the same manner as the Elam residence yard. Samples GR-SS-06 through -09 were collected from the Brown residence (see Figure 5), and samples GR-SS-lO through -13 were collected from the Jackson residence (see Figure 6). START members collected 13 composite surface soil samples from three yards adjacent to the Goldberg facility. All samples were collected in accordance with the EPA Region 4 Science and Ecosystem Support Division Envirorunental Investigations Standard Operating Procedures and Quality Assurance Manual. The soil samples were assigned numbers corresponding to the designated grid that was sampled, individually tagged and sealed, and chain-of-custody reports were completed. START demobilized from the site, returning to the Atlanta START office on November 5, 1997. START delivered the samples to Analytical Envirorunental Services, Inc. (AES), in'Norcross, Georgia 6n November 6, 1997. 4,0 ANAL YTICAL RESULTS EPA used a special project TOO, No. 04-9710-0007, to authorize the costs associated with providing the analytical services for this project. AES was contracted by START to analyze the 13 composite soil samples for Resource Conservation and Recovery Act metals, polychlorinated biphenyls (PCB), volatile 5 x . x I SHED I x - r--:---.:._-'--~. _.._.__..~_.._':"__._-_..._:...~_...:...__. .:.__. .._..__.__ - . ..., -..... I - r.... -- "', .0' "'.'. . _'.' I I I I I GOLDBERG RECYCLING SITE AUGUST A, RICHMOND COUNTY, GEORGIA TDD. NO, 04-9710-0007 FIGURE 4 ELAM RESIDENCE SAMPLE LOCATION DIAGRAM NOi TO SCALE I ~ ENVIRONMENTAL MANAGEMENT, INC. :j 71 .l " I ~ ,i I~ q -.J I:j ~l I~ 1:1 .' 11 ~ . ~ II 1:1 11 II I: I I I I j I I I _I 92' x x SS-OJ C) o r o CD f'T1 :;u C) :;u f'T1 96' (") -< (") r Z C) ;; (") r- ~ x x o SS-05 X x lSHEDI x x x x ss-c.G. 11 I' I I; I: I Ii LEGEND S;;-Ol .. SAMPlE: NUHBER X ,. SAMPLE AUQUCr U1CATmN . liR.J1l BOUNDARY 2 -I b ...; x SS-Q 1 x x x I xl ELAM RESIDENCE x SS-02 I 6 o O '1 '7'" I J N .+. s o <( o 0::: f- ::J Z -l <( S :- :1 j I,~ " " I I,: I~ I~ " 1 I-I -I :/ 1:1 J ~ Ij I,! 'I i (!!) 8 O~176 2 ~ 101 z~~ I . WALNUT ROAD BROWN RESIDENCE (VACANT) x x x 55-06 55-07 x x x x Ii j I, I ! II i i Ii i >~ x x I I I I I 55-08 5S-09 I x x x SHED I x x x ----------- r-------- I 50' GOLDBERG RECYCLING FACILITY I I I I I GOLDBERG RECYCLING SITE i LEGEND AUGUSTA, RICHMOND COUNTY, GEORGIA I TDD NO, 04-9710-0007 I i ;>$-i:6 .. SAMPLE: NWlBER i FIGURE 5 x .. SAMPLE: AUQUDT LOCATION BROWN RESIDENCE' SAMPLE LCCA nON DIAGRAM - GRCD IJlJUNDARY ~ . .. ENVIRONMENTAL MANAGEMENT, INC, i'iOT 70 SCAl..E: 80' x x x 7 I :1 -/ -/ , I ~ II I~ 1 I~ Ij -I 1:1 :/ :1 -, Il f I) I:{ -~ I-j i I; I I II I 11 i I I 1 I 2 8 (!fJ 0'-, '7 '7 4 N wf, s 84' X X 55-lOx 55-12 SHED x G') o r o CD rrr :::0 G') ." ". RESIDENCE o <t o 0::: I- ::J Z -..J <t ~ x :::0107' I'Tl - o -< o !..-. x x X X z G') ~ X I )> 0 X X X 55-11 r I ~ 55-1,.:> x x x -, I I I I l':OT TO SCALE GOLDBERG RECYCLING SITE AUGUSTA. RICHMOND COUNTY, GEORGIA TDD NO. 04-9710-0007 FIGURE 6 JACKSON RESIDENCE SAMPLE LOCATION DIAGRAM :ifHl: ENVIRONMENTAL MANAGEMENT, INC, LEGEND . . ;;':>--JI . SAMPLE: NUI4BE:R X . SAHPLE: AUQUOT l.DCATION . IlRCD 1l00000ARY ~ I I I I I I I I I I I I I I I I I I I @ 2 8 0'178 organic compounds, and semivolatile organic compounds. AES delive~ the analytical results to START on November 21, 1997. START's analytical coordinator generated an analytical repon, with summary tables showing analytical results (see Attachment A). Of the 13 samples analyzed, six samples contained lead levels above the 400 milligrams per kilogram (mg/kg) EPA-established screening level. One sample contained elevated arsenic levels, and five samples exhibited PCB levels above the laboratory reponing limits. 5.0 CONCLUSION Under TDD No. 04-9710-0007 , START performed soil sampling of residential yards adjacent to the Goldberg facility. Analytical results indicated elevated levels of lead and PCBs in the Elam residence backyard. Lead levels ranged from 506 mg/kg to 1,280 mg/kg, and PCB levels ranged from 7.9 mg/kg to 16.0 mg/kg. Soil samples collected from the grids adjacent to the Goldberg facility contained the highest contaminant levels. EPA will use these results ro derermine future actions ar these sires. At rhis time, no funher action is required by START under this TD D. 9 I I I I I I I I I I I I I I I I I I I TABLE OF WITNESSES . John F. Nolen, Federal On-Scene Coordinator U . S. Environmental Protection Agency, Region 4 Waste Management Division Emergency Response and Removal Branch 61 Forsyth Street, SW, 11th Floor Atlanta, Georgia 30303 Office: (404) 562-8750 Samuel Yount, Project Manager Alexis A~de, START Member Superfund Technical Assessment and Response Team PRC Environmental Management, Inc. 1750 Corporate Drive, Suite 735 Norcross, Georgia 30093 (770) 935-1542 C-l ...; 2 8 @; 0'/94 I I I I I I I I I I I I I I I I I I I 2 8 ([V 0'" 97 ~ PRC Environmental Management, Inc. Gwinnett Corporate Center 1750 Corporate Drive Suite 735 Norcross. GA 30093 nO-935-1542 Fax nO-935-9049 PRe MEMORANDUM TO: Samuel Yount, Superfund Technical Assessment and Response Team (START) Project Manager Paula MacLaren ~ START Quality Assurance Officer FROM: THRU: .-:--......., R. Steve Pierce' ;.....--.:.: ;./i START Leader, U:S-:-Environmental Protection Agency (EPA) Region 4 SUBJECT: Goldberg Recycling Site Analytical Data TDD No. 04-9710-0020 DATE: December 5~. 1997 Analytical Environmental Services, Inc., analyzed 13 soil samples collected on November 5, 1997, at the Goldberg Recycling site in Augusta, Georgia. The samples were analyzed for the following parameters: · Volatile organic compounds (VOC) · Semivolatile .organic compounds (SVOC) · Polychlorinated biphenyls (PCB) · Resource Conservation and Recovery Act (RCRA) metals The analytical data package was received within the required 2-week time period. All sample anaIyse~ holding times were met, and laboratory blanks were free of contamination. The following quality control 1 ...... ..-_"""'----~---_._. I I I I I I I I I I I I I I I I I I I 2 {!!;> "I o 0'198 (QC) sample analyses were performed: ......IIi · VOC on batch QC sample: The matrix spike and matrix spike duplicate (MS/MSD) each showed one of five spiked component percent recoveries below the quality assurance/quality control (QA/Qc) recommendation of 80 to 120 percent; however, all were within method limits. In addition, sample surrogate and laboratory control sample percent recoveries were within method QC limits. Analytical precision was within the QA/QC guideline of 20 relative percent difference (RPD). · SVOC on sample GR-SS-13: The MS showed 8 of 11 spiked component percent recoveries exceeding the QA/QC recommendation of 80 to 120 percent. The MSD showed similar results, with 10 of 11 percent recoveries exceeding. guidelines. However, all were within method QC limits. Soil sample GR-SS-03 showed some matrix interferences with." two of six surrogate recoveries below recommended method limits. All other sample surrogate recoveries were within the guideline and all laboratory control sample percent recoveries were within method QC limits. Analytical precision was within the recommended 20 RPD. · PCB on sample GR-SS-13: The MS/MSD showed the spiked component percent recoveries below the QA/QC recommendation of 80 to 120 percent.. However, both were within method guidelines. Analytical precision was 20 RPD. · Metals on sample GR-SS-Ol: The MS showed all percent recoveries within the QA/QC recommendation of 75 to 125 percent, except,"' for cadmium (73 percent), and chromium (69 percent). The recovery for lead could not be calculated due to the elevated lead concentration within the sample. The laboratory control sample percent recoveries were within the QA/QC guidelines. Analytical precision was within 20 RPD. A summary of the sample data is presented in Table 1. 2 tV I 2 " o n',0q ~, I ..I , I TABLE 1 GOLDBERG RECYCLING SITE ANALYTICAL DATA- .4 I Soil Samples November 5, 1997 I '. /' ~'::'Sa'mple Iden.tity'~ri'd~cation ":'/:':::.:':: ", -.. '" . . I GR-5S-01 GR-SS-02 GR-SS-03 GR-SS-04 GR-SS-oS Parameters Elam residence Elam residence Elam residence Elam residence Elam residence I I I I Volatile Organic Compounds (;.&g/kg)b SW-846 Method 8260A compounds -' '. -:-:., Semivolatile Organic Compounds (#gikg)b 2-Methylnapthalene Dimethylphthalate D i-n-bucylphthalate '~',' . "'::,:':;.-;::::.', .. .. ; ND ND ND ND '.' ",' .. ND .....',. . NO ND ND ND NO ND ND 470 ND ND ND ND 790 ND ND ND NO 940 810 ND ND ND ND ND NO Fluoramhene ND ND ND ND 530 1.300 ND 6.700 3.000 3,000 Pyrene Chrysene bis(2- Ethylhex y I)phthalate I 490 4,800 ND I Benzo(b )fluoranthene ND ND ND ND ND Benzo(k)fluoranthene NO ND I I I I I I Polychlorinated Biphenyls (;.&g/kg)b Aroclor 1248 ND ND 9.500 7,900 ND 680 16.000 13.000 Aroclor 1254 NO NO RCRAMetals (mglkg)c. ..: .'. ':':":':-::-:.:' 17 .... : ,. ,.''''' Arsenic 6.64 .' 87 19.3 314 6.61 49.6 1,280 0.77 ND 12.8 288 20.1 103 1.120 2.24 ND 2.84 Barium 259 200 208 10.3 63.3 619 1.89 NO Cadmium 3.56 24.1 516 ND ND 0.87 2.83 57.4 506 Chromium Lead Mercury 0.24 NO 0.80 Selenium Silver 1.86 1.32 I 3 . . I I I I I I I I I I I I I I I I I I I 2 @ O '" 0 .' ~. rJ 8 TABLE 1 (continued) GOLDBERG RECYCLING SITE ANALYTICAL DATA- ,.-I Soil Samples November 5, 1997 . ,. - . . . .. .' .' ... ... . samplil'Jdentity:andLoeatlon:; '., .' . . . . GR-8S-06 GR-8S-07 GR-S~8 GR-8~9 GRoSS-to Parameters Brown Brown Brown Brown Jackson residence residence residence residence residence Volatile Organic' CompouDds(i&g/kg)b :.0;- ..;:.' .. .. .. .. .. q .. '" ..:'. ... " SW-846 Method 8260A compounds NO NO NO ND NO Semivolatile Organic Compounds (}tglkg)b .. , .. .. .. .. Phenanthrene 1,100 NO NO NO NO Auoranthene 860 NO NO NO NO Pyrene 520 NO NO NO NO Chrysene 1.500 NO NO NO NO b is(2- Elh y Ihe x yl)phthalale 1.300 NO NO NO NO Benzo(b )tluoramhene 470 NO NO NO NO Benzo(k)tluoranlhene 500 NO NO NO NO Polychlorinated Biphenyls (}tglkg)b . . '. ",' : " : " , . . . ... '''." . ., .. , Aroclor 1248 NO NO NO NO NO Aroclor 1254 NO NO NO NO 160 '. ' . .. .. .. .' . . .. ::.....:::, :.::::;.' :'.:f:: . . RCRA Metals (mglkg)~ ' , , ", .. ... . " ,,:,'::,:: -::. . .... ....,. : Arsenic 1.70 1.76 2.07 6.34 1.46 Barium 55.6 84.6 109 129 59.7 Cadmium 1.45 1.31 2.96 3.90 1.54 Chromium 12.7 14.6 15.8 22.4 13.7 Lead 102 104 204 187 135 Mercury NO NO 0.18 0.18 NO Selenium NO NO NO NO NO Silver NO NO NO 0.41 ND 4 I I I I I I I I I I I I I I I I I I I 2 8 6 020'1 TABLE 1 (continued) 4 GOLDBERG RECYCLING SITE ANALYTICAL DATA8 ::<.':: Sain-pleld~titr. ~n:d :~tiori:: '. .. .... .... .........., .. GR-8S-11 GR-8S-12 GR-SS-13 Parameters Jackson Jackson Jackson residence residence residence '. ':-::'.:::/ ..' ,.... ..,.... . . .. -. .. Volatile lliganic Compounds ~g/kg)b.' '. . :..:.,.;.:,".,:.'>.. .' SW-846 Method 8260A Compounds NO NO NO "." .. ,. ." Semivolatile Organic Compounds ~glkg)b .,' .. SW-846 Method 8270 Compounds NO NO NO ,. .. .. .Pol~'chlorinated Biphenyls ~glkg)b ... . . ,. .. "".. .;, ,. ... :", .' ,.. Aroclor 1248 NO 500 NO Aroc/or 1254 NO 440 190 RCRA Metals (mglkg)' .' . . . , . . . . . . Arsenic 1.36 2.08 0.92 Barium 49.7 215 36.56 Cadmium 1.17 4.14 0.92 Chromium 7.90 19.7 7.05 Lead 347 484 44.31 Mercury 0.31 NO NO Selenium NO NO NO Silver ND 1.02 ND Soil Samples November 5, 1997 Notes: .' IAnalytical Environmental Services, Inc., performed the sample analyses, bMicrograms per kilogram ' 'Milligrams per kilogram ND - Not detected 5 I I I I I I I I I I I I I I I I I I I ~ I ,- I I I I I I I I I I I I I I I I I I 2 8 0.J Ouos LETTER REPORT GOLDBERG RECYCLING SITE AUGUSTA, RICHLAND COUNTY, GEORGIA ......IIi 1.0 SITUATION This report has been prepared in accordance with the requirements of Technical Direction Document (TDD) No. 04-9705-0007, which the U.S. Environmental Protection Agency (EPA), Emergency Response and Removal Branch, assigned to the PRC Environmental Management, Inc. (PRC), Superfund Technical Assessment and Response Team (START). Under this TDD, EPA tasked START to prepare a health and safety plan, conduct air monitoring and multimedia sampling, provide written and photographic documentation of site activities, and prepare a letter report including site diagrams and maps. The field logbook notes and the site photograph log are included in Appendices A and B, respectively. All figures follow the text portion of this repon. 2.0 BACKGROUND The Goldberg Recycling (Goldberg) site is located at 241 Bowles Road in Augusta, Richland County, Georgia (see Figures 1 and 2). The 9.7-acre site is a metal recycling facility which consisting of two large buildings with offices and operations such as vehicle maintenance. The majority of the property is covered with scrap metal. Several roadways, including Bowles Road, run through the facility to allow trucks to deliver and remove scrap metal. The portion. of the site south of Bowles Road, known as Richmond Recycling, began operation in 1990, but was used to store prefabicated lumber prior to that date, The ponion of the site north of Bowles road, which Goldberg purchased in 1979, has been an active scrap yard since 1952. The facility is bound to the northwest by a railroad line, to the northeast by a highway bridge and drainage ditch, to the southeast by a residential area, and to the southwest by M's Salvage. (see Figure 3). Runoff from the northern side of the site tends to flow to the northeast before being controlled and directed by drainage ditches into the storm runoff drainage ditch, At the request of the State and the Hyde Park and Aragon Park, Improvement Cummunity, Inc" the EPA conducted a site investigation at the Goldberg site on May 13,1997, 1 I.' . . 1 I 1 I 1 I 1 I I 1 1 I I I 1 I I I 2 8 . "t: r:::v OUOo ......IIi 3.0 SUMMARY OF FIELD ACTMTIES On May 13, 1997, prior to START intiating sample collection, EP A's radiation survey team conducted an air monitoring investigation for a suspected radiation source allegedly located on the Goldberg property. The radiation source was subsequently located and isolated. Upon arrival at the site, START met with the EPA Task Monitor, representatives from the Georgia Environmental Protection Division, and Arthur Smith, an advisory board member of the Hyde Park and Aragon Park, Improvement Community, Inc. After meeting with Mr. Smith to recieve access to the residential properties, EPA requested that START collect eight samples from designated areas and split samples from each location. After conducting air monitoring with a Foxboro Organic Vapor Analyzer around the perimeter, START collected four surface grap samples and one subsurface grab sample from an area southeast of the earthen berm adjacent to the homes bordering the Goldberg facility. Additionally , START collected two samples from the storm water drainage ditches where water migrates off the Goldberg site to the southwest towards Walnut Street, and one sample from the drainage ditch located on Leona Street near the Jenkins Elementary School. The table below lists sample locations which are presented on Figure 2. Sample Number SS-Ol Grab surface soil collected from the south side of ditch on Bowles Road near the curve, 4 feet from fence post in the middle of ditch SS-02 Grab surface soil collected from the north side of ditch on Bowles Road, 10 feet east of railroad sign in the middle of ditch 5$-03 Grab surface soil collected on Elam's property, 3 feet from scrap yard fence between two trees in back : yard SS-04 Grab subsurface soil sample collected 2 feet below surface at the SS-02 sample location SS-05 Grab surface sample collected on Jackson property, 2 feet beyond scrap yard fence, 10 feet from fence to the south SS-06 Grab surface sample collected on V. Brown property, 10 feet from the scrap yard fence and 50 feet from fence to the south SS-07 Grab surface soil sample collected on C. Whitehead's store property located on the comer of Walnut and Aragon Street, 10 feet from scrap yard fence and IS feet from the fence to the east SS-08 Grab sediment soil sample collected from mouth of storm drainage ditch located on Leona Street, 2 1 I I I I 1 1 I I I I I I I I I 1 I I 2 8 .& OU07 -4 On May 13, 1997, START sent all eight samples to McCoy and McCoy Laboratories, Inc" at 85 E. Noel Avenue in Madisonville, Kentucky, 4.0 ANALYTICAL All samples were analyzed for volatile organic compounds, semivolatile organic compounds, pesticides and polychlorinated biphenyls, total metals, and cyanide. Eight split samples were provided to Mr, Smith, Samples were collected, packaged, and shipped in accordance with the Environmental Investigations, Standard Operating Procedures and Quality Assurance Manual (EP A 1997) , Samples SS-03 and SS-Q6.appear to have elevated concentrations of lead, In addition, sample SS-06 appears to have elevated concentrations of zinc. The sample data and results are included in the Goldberg Recycling Site Analytical Data Report (Appendix D). 5.0 CONCLUSION A copy of this repon along with the analytical data will be submitted to the EP A Task Monitor who will determine the need for further action, Also, disposal options for the radioactive source found on the Goldberg site are being considered at this time, 6.0 REFERENCES Lee, Tawana. 1997, "Federal Toxic Waste Experts Conduct Test in Hyde Park Area." Augusta Focus. May 15-21, 1997. Volume 16, Number 803. Excerpt, pages 1 & 3 Newell, Mark, 1997. "Augusta's Toxic Neighborhood". The Metropolitan Sprit, April 24-30, 1997. Volume 8, Number 39. Excerpt, pages 1,14 and 16 3 1 I I 1 I 1 1 1 I 1 1 1 I I 1 I I I I 2 8 ~ OU08 ......IIi ~ - G 8 > .-- cs .... ~~ -l...... .'>= :: --"" .,...- ~-...... '-'.....- - ~ ~.. '-'-- -,... Z:-:::: ~>;;:: cZ:,:: ...-~ I '-I. # ..0' -< ~r-:,-. s;o~ 'c- gz~ o~_. .~.-< Cr. 0-, r:;;: 0'" ;;:: 9 > - 6000 c:f.) - -:J t:1 ~"Tj 0- na ~~ om ZN $: :> '"t:l ~ 1 I I 1 I 1 I 1 I I 1 I I I I I 1 1 1 TABLE OF WITNESSES John Nolen On-Scene Coordinator U.S, Environmetal Protection Agency, Region 4 61 Forsyth Street, SW 11th Floor Atlanta, Georgia 30303 (404) 562-8725 John McKeown u.S. Environmetal Protection Agency, Region 4 61 Forsyth Street, SW 11 th Floor Atlanta, Georgia 30303 (404) 562-8725 John Richards U.S. Environmetal Protection Agency, Region 4 61 Forsyth Street, SW 11th Floor Atlanta, Georgia 30303 (404) 562-8725 Barry Simonton, Bill Slocumb, Ted Jackson Georgia Depamnent of Natural Resources Environmental Protection Division Environmental Radiation Program 4244 International Parkway, Suite 114 Atlanta, Georgia 30354 (404) 362-2675 Ronald W. Starks, Melissa Waters PRC Environmental Management, Inc Region 4 Superfund Technical Assessment and Response Team 1750 Corporate Drive, Suite 735 Norcross, Georgia 30092' (770) 935-1542 Arthur Smith Hyde Park & Aragon Park, Improvement Community, Inc, 2024 Golden Rod Street Augusta, Georgia 30906 (706) 793-5309 C-I 2 8 ~ OU27 (3:) I 1 1 1 I I 1 1 I 1 1 1 I I I I 1 I 1 MEMORANDUM TO: FROM: THRU: CC: SUBJECT: DATE: 2 ( d. OU29 & PRC Environmental Management. Inc. Gwinnett Corporate Center 1750 Corporate Drive Suite 735 Norcross, GA 30093 nO-935-1542 Fax nO.935-9049 PRe Ronald Starks, Superfund Technical Assessment and Response Team (START) Project Manager Paula MacLaren ~ START Quality Assurance Officer R. Steve Pierce ~ START Leader, EPA Region 4 ..; John Nolen EP A On-Scene Coordinator Goldberg Recycling Site Analytical Data TDD No. 04-9705-0011 June 20, 1997 On May 13, '1997, START personnel collected eight soil samples at the Goldberg Recycling site located in Augusta, Georgia. McCoy and McCoy Laboratories, Inc., analyzed the samples for the following' parameters: · Volatile organic compounds (VOC) · Semivolatile organic compounds (SVOC) · Pesticides · Polychlorinated biphenyls (PCB) · Target analyte list (TAL) metals · Total cyanide 1 a ...........,............~ I I I 1 I I I I 1 I I I I I I I I I I 2 8 @; OU!:lU ......IIi The analytical data package was received within the required 2-week period, and all sample analyses holding times were met, Laboratory blanks showed some acetone, methylene chloride, di-n-butylphthalate, and bis(2-Ethylhexyl)phthalate contamination. Their concentrations are presented in the summary tables at the end of this report. Background corrections were applied to the TAL metals data, The following matrix spike/matrix spike duplicates (MS/MSD) were performed: · VOC on soil sample SS-05: The MS/MSD showed all spiked component percent recoveries within the quality assurance/quality control (QA/Qc) recommendation of 80 to 120 percent. Analytical precision showed all recoveries within the QA/QC guideline of 20 relative percent difference (RPD), All VOC sample surrogate re~overies and laboratory control sample percent recoveries were within the method QC limits, · SVQC on soil sample SS-O 1: Both the MS and MSD showed 6 out of 11 spiked component percent recoveries below the QA/QC guideline of 80 percent. However, all percent recoveries were within the method QC limits. Analytical precision showed all duplicate recoveries within the method RPD guidelines, All SVOC sample surrogate recoveries, if not diluted out, were within the method QC limits. All SVOC laboratory control sample percent recoveries were within method QC limits. · Pesticide on soil sample SS-02: MS/MSD percent recoveries were not determined for sample SS-02 due to elevated levels of PCBs, which caused severe matrix interference during pesticide analysis. Soil samples SS-OI, SS-03, SS-04, SS-05, SS-06, and SS-07,' were not analyzed for pesticides since they contained elevated levels of PCBs. N9 PCBs were detected in sample SS-08. All pesticide sample surrogate recoveries and laboratory control sample percent recoveries were within method QC limits. · PCB on soil sample SS-05: The MS/MSD percent recoveries were within the QA/QC recommendation of 80 to 120 percent. Duplicate analysis showed analytical precision within the guideline of 20 RPD. All PCB sample surrogate recoveries and laboratory control sample percent recoveries were within the QA/QC guideline of 80 to 120 percent. 2 I I I I I I I I I I I I I I I I I I I 2 8 (jL) 003 -J ...; · TAL on soil sample SS-Ol; mercury on soil sample SS-08: The MSIMSD showed all spiked component percent recoveries within the QAlQC guideline of 80 to 120 percent, except for antimony (63%, 51 %), chromium (130%, 121 %), and manganese (142%, 150%). High percent recoveries for aluminum, copper, iron, lead, and zinc were attributed to elevated concentrations of these metals in the sample, Duplicate analyses showed analytical precision within the QA/QC guideline of 20 RPD. The TAL laboratory control sample percent recoveries were all within the QA/QC recommendation, except for cyanide (59%), This indicates that sample cyanide concentrations may be higher than reponed, Due to matrix interferences, elevated detection limits were reponed for SVOC analysis on ~ples SS-03 and SS-04. A summary of the sample data is presented in Tables 1, 2, 3, and 4, 3 00 t:J o 0 ~ o 0 t:J o f5 t:J o t:i 0 o t:J o ---- t:J o 0 o 0 t:J g o 0 t:J t:J o o e ~ 0 DfWHAGE DtrnH 00 t:J '" - 15 t:J SS-08 o 0 o 1:::1 l:I = l:I l:I l:I l:I o 1:1 ('J' t:J RO,<j.l) GOLDBERG RECYCLING SITE AUGUST PI. RICHLAND COUNTY, GEORGIA TDD NO. 04-9705-0007 FIGURE 3 SITE DIAGRAM/SAMPLE LOCATIONS ENVIRONMENTAL MANAGEMEN~ IN~ I I I I I I I I 1 I I I I I I 1 I I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ CJ o o o o o o t:J o o CJ o o 0 o 0 o 00 0 o 0 CJ 0 o 0 o 0 o 0 o o GOUlBERG RECYCLING CENTER LEGEND a BUILDINGS J DRAINAGE DITCH . SURFACE SOIL SAMPLE o SURFACE ~ SUBSURFACE SOIL SAMPLE . ././ FACILITY BOUNDARY NOT TO SCALE ~ . ~ N -4i y I 9 8 o t:J o t:J o o o l::::::J o t:J l:I o' t:J o t:J l~OO cJi) ~. ;:ii:\ 1':,:'/0:. "E ~I:Q-'-'QQQQQQQ oS ..;l :z--zzzzzzz =::; .:: :":{':;!i!i:.: .::: - }:, It;;;! 00 = - ..: :::- :':: <9 .c g lii:I;!;:I!;;;'; Q al al V"l .... Q Q Q Q Q tI) .!:!.c }. 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PCBs and lead were at. levels identified by ATSDR to be a public health concern i one ditch that flows from The GoldbeJrg Brothers Recycling property line to the . railroad tracks near Jenkin's School (see attachment 1). The highest level of lead detected was 1800 mglkg, and the highest level of PCBs was 13.2 mglkg. ditch surface water also showed elevated levels of lead (0.049 mg/l). All the maximum levels were detected at the north end of the ditch near Goldberg Brothers Recycling. SITE DESCRIPTION (directions to site, general site map, relevant site features and site conditions): The ditch is' located in the Hyde Park Subdivision between Goldberg Brothers Recycling and the railroad track near Jenkin's School in southeast Augusta. The ditch has a trapezoidal shape and is concrete lined. cc . · " ":l J. . I ~ ." . ~~~-~~--- --- I .. " ~ , "'" ') '~ 1 ~~ I / 1 ' / ,.,., . I I "'..... to: " 'I '..... 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Georgia Department .Natural Resource. 205 Butler Street, S,E., Suite 1158, Atlanta, Georgia 3033. Joe D. Tanner. Commission, Environmental Protection Divisil Harold F. Reheis. Direct 404/657 -S6c March 22, 1995 TRIP REPORT SITE NAME AND LOCA nON: Goldberg Brothers Recycling 241 Dan Bowles Road Augusta, Georgia 30901 TRIP BY: Jay Pease Environmental Specialist ACCOMPANIED BY: :- Peter DeGolian Environmental Specialist DATE OF TRIP: March 20, 1995 OFFIOALS CONTACTED: None, REFERENCE: HSRA BACKGROUND: This investigation focused on the verification of current site conditions to determine the accuracy of the Reportable Quantities Screening Method (RQSM) evaluation. The Goldberg Brothers facility. operates as a scrap metal recycler. In March 1993, USEP A, Region IV, collected sediment samples from an unlined surface water drainage ditch originating from the Goldberg Brothers Recycling property. Laboratory analyses indicate elevated levels of lead and PCBs are present in the drainage ditch. . The drainage ditch traverses four residential streets within the Hyde Park Subdivision. Ultimately the drainage ditch empties into a larger unlined surface drainage ditch which borders the Jenkins Elementary School property. . SUMMARY: No officials from the Goldberg Brothers facility were contacted. A windshield survey was conducted to verify the accuracy of the RQSM evaluation. The windshield ?@ I I I I 1 1 I I I 1 I 1 I 1 1 I I I.. . - . (!j) . survey largely consisted of identifying residential drinking water wells in the Hyde Park Subdivision. It was determined the residents living at 2062 Walnut Street utilize a private well to obtain drinking water. The location of the well is less than ~ mile from the Goldberg Brothers property. CONCLUSIONS: A reportable release is present at the subject site, The regulated substances detected in the surface water drainage ditch are attributable to the Goldberg operations, The abundance of source material present at the facility suggests off-site migration of contaminants will continue, No evidence of containment structures was observed which would reduce the possibility of contaminants migrating off-site via the surface water or air pathways, . RECOMMENDATIONS AND FOLLOW-up REQUIRED: It is recommended that the Goldberg Brothers facility be listed on the Georgia Hazardous Site Inventory. Additional investigations required under the Hazardous Site Response Act will allow the responsible party and/or EPD to define the extent of contamination and determine the actions necessary to effectively remediate the site, PHOTOGRAPHS: None. REVIEWED BY: D1 C/ r. \jayp \goldberg.ltp (fi; I I I I I I 1 I I I I I I I I 1 I I I (i;" w I I- I I I I I I I I I I I I I I I I.. I KemROn ENVIRONMENTAL SERVICES .J J Project 6382-200 WASTE INVENTORY REPORT Hyde Park Subdivision Augusta, Georgia Prepared for: Georgia Depanment of N atural Reso~es :- Environmental Protection Division Hazardous Sites Response Program May 1995 Prepared by: KEMRON Environmental Services, Inc. 2987 Clairmont Road. Suite 150 Atlanta, Georgia 30329 ~? fcJ;t Edward C. Hicks, PE Project Manager ~4 Russell K. Fraie, REM Task Manager @ - I I I I I I I I I I I I I I I I I I.. I . . TABLE OF CONTENTS UST OF FIGURES AND TABLES 1.0 m"rRODUcnON. . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 SUMMARy OF FIELD INVENTORY ......................... .:; 2.1 SAMPLING METHODS . , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.2 SAMPLING LOCATIONS ,.,............................ 2.3 SEDIMENT AND WATER VOLUME CALCULATIONS. . . . . . 3.0 SA1v1PLE RESULTS ............,............................. 4.0 CONCLUSIONS, . . . , . . . . , . , . . . . . . . , . . . . . . . . . . . . . . . . . . . . . , . . . APPENDIX 1 - Volume Calculations APPENDIX 2 - Laboratory Data/Chain of Custody J82200.ROP 5111~5 i rfiJ Page 1 2 2 2 3 4 5 I I I I I I I I I I I I I I I I I I.. I ~ Ii @ 1.0 INTRODUCTION The following report has been prepared under Contract #561755-4-2 for sediment and surface water sampling and analysis performed during 18-20 April 1995 at the Hyde Park Subdivision Ditch in Augusta. Georgia. The scope of work was performed in accordance with the EP A approved Sediment Characterization and Removal Workp1an and KEMRON's site specific Sampling and Analysis Plan. 3822OO.ROF S/11/95 1 I I I '1 I I I I I I I I I I I I I I.. I L ... ~ (fj). 2.0 SUMMARY OF FIELD INVENTORY . 2.1 SAMPLING l\1ETHODS Soil sediment samples were collected from each approximately 100 foot interval of the ditch. Three samples from each 100 feet were collected and compo sited into a single sample for laboratory analysis. All samples were analyzed for total metals (EPA Method 6010) and PCBs (EPA Method 8080). A total of 15 s~ent samples were collected along the estimated 1,500 foot ditch. Sediment samples were collected using a decontaminated stainless steel spoon and composited in a decontaminated stainless steel bowl. One duplicate soil sample was collected to document quality assurance/quality control. One surface water sample was collected from within the ditch. Most of the ditch was found to be - ' . . dry, The water was analyzed for total metals, PCBs, total suspended solids, COD, oil and grease, and pH. Samples were placed in properly preserved and labeled containers, cooled to 40C, and transported to Accura Analytical Laboratory in Atlanta, Georgia for analysis. . 2.2 SAMPLING LOCATIONS -: The di"tch was divided into five sections separated by roads and one composite sample was collected from approximately each 100 fcCt within each section. Due to the variation of le~gth, segment lengths varied from 85 ft to 30 ft. Figure 1 illustrates the sections and sampling points along each section. 382200.ROF 5111/95 2 I I I I I I I I I I I I I I I I I I.' I J-- . ,,~;.: :.. " ":.';;.7.~'!:'.::;'"" ~ . __ -'. .-..v-.... _"_h '. _"::"l J ~ ~~. 2.3 SEDIMENT AND WATER VOLUME CALCULATIONS Sediment within the ditch ranged in thickness from less than one inch to approximately four inches. Three sediment thickness and width measurements were removed from each sampling grid. The average thickness and width was used to calculate the amount of sedim~nt present within each sampling segment The volume of soil sediment in the ditch is estimated to be approximately 35 cubic yards. Very little water was found to be present in the ditch at the time of the soil sediment collection. However, after a V2 to I inch rain event. which occurred immediately following sediment sample collection, all of the ditch contained water. The water was measured to vary from 0.17 to 0,58 . . feet deep along the ditch. The average width of the water in the ditch was between 6 and 7 feet The total estimated volume of water in the ditch is slightly over 30.000 gallons. Soil and water . volume calculations are presented in Appendix 1. 382200.ROF S11119' 3 I I I I " t /jjJ (;!!/ '. 3.0 SAMPLE RESULTS I I I I I I I I I I I I I.. I All 15 soil samples collected contained cadmium. lead, and mercury above the Type 1 risk standards of 2 mglkg, 75 mglkg, and 0.5 mglkg, respectively. Four of the samples contained chromium that was above the 100 mglkg Type 1 standard. Arsenic, barium. and silver were not detected above the standards. One sample was found to contain selenium above'the standard of 2 mg/kg, No PCBs were detected in the sediment samples, however, a matrix interference . resulted in detection limits above the Type 1 risk standard of 1.55 mglkg. The interference was determined to be oil and coolant. Lead, at a concentration of 0.12 mgll, was the only constituent found in the surface water sample to be above the Type 1 risk standard of 0.015 mgIL. Table 1 summarizes the analytical results of the laboratory analyses. Laboratory data is included in Appendix 2. -: 382200.ROF S/11J9S 4. I I I I I I I I I I I I I I I I I I.. I ~ ~ J 4.0 CONCLUSIONS Soil sediments within the ditch are contaminated above the Type 1 risk standards for the State of Georgia. An estim::lted 35 cubic yards of sediment will need to be removed and properly disposed. The lead concentration in the ditch water was determined to be above the Type 1 risk standards. Approximate~y 30,000 gallons of water is estimated that will have to be removed prior to addressing/removing the underlying sediments. 3822OQ,ROF SIll," 5 I I I I I I I I I I I I I I I I I I.. I ~ ~ \ = [ill [ill 061 . GOLDEN ROD STREET " ,'-.41 II CD 1111 II @Il II ~ I 0 I I II 0 I I UYJ . , , . ,-.41 I ~ ~ CULVERT SECTION -: LEGEND CULVERT SECTION @ llil CD WATER SAMPLE' DITCH INTERVAL NU. DITCH SECTION NUM (APPROX. , 00') SEDIMENT SAMPLE L I NQ1'C: ONE 'n4REE-POM' COMPOsrr SEO....ENT SAMPLE w.s OOLUCTEC FROM EACH 100 FT. Drta4lNll:RVAl. \.,,\80RA'TCRV ANAI.YSIS OF'TCTAl. 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',';;;.p, ;';',,;L.'''<d,...,,.. ,',',!'':V,''. . -'''. SITE NAME' ., .,. '. .'1. .-' . .j."f':!. i. ~.,...-. ..' ......~~. .....r';';....."',. .~..._ ...'"" ~:?",_ ~. -:~>.. .' . '... ..:":.'. ", ...' >.:. ....;.. :..': .~~'..: '.: ':'~.~r./-:~:.' ". :",":..~~:-j-~. .... !.'~~~!i~'~/~j;;.tZ~if:'~..;;..~:;;.~;.i:)~~~t.~:~~;;;l~j~:~:r:.~J~;+ . ...., .. .. . '., . '. . . ... .' ...... ....,. ..;. ',." .~ " ''''''il ~ "~'\..<y.r:-f.'l,;;.tloc:::~"""~~,, ~t>;;.,..:;.,;>. -.. "','. ,.. . t ~'r "-.:' '." .' .... .'.~" ...., . ....::;.......... .r..!:t.~...;.,;.t.:.\..:....",i"i:...;;.~.....,-:.;):t;.,'~ ~,.,;;!;..,~:-,...t~.::,.'.:..... . .., c. . '0' '. Goldberg Brothers & RIChmond Recycling ". ". . "" ;8\!li-,;'"" ~.".'~.>.;'.;U'lii~'''-.,.: .'0< "... ..." "..~ .. ,. "~:~L6~A nON::' ...., .... .. c'" ":)"> '.: ..~~r~:'~?~~~~I~~l~~1ff,{:I;~.,~;;;::f~:. I . . 241 & 250 Dan Bowles Road ;. "~". '.. .,' /l~;-r:-:;r.;~:::~.;.: ....: : :;-.,..:....:.,:.~~:... <;-'::'::;'~,,.."r~):;~ ;:~'.;r;:..::;!!;w:. . GA . " . '.. '~:::oJ'.<<"','."f.'I' . .... ..~""";~',, ,....{ ."'. -""..:; ..r< ;',. ,;.-'~ . ../- '... . I AugUsta, Richmond County, 30901 .' ..::. ..... "'... - ".':' ,.c."""", ...,.,,,,,,"".'''';!''......;,, ,c' . c";";,,,, ~:.. '. . '. . '. ..'....: ::..... . ~: ~.:~~;~;:~~: ..~~..:.:::~<~..:::~~.~.:! ~..!:f?.:~~,:.:F\~?::';~~?~ :~.:.;~.~~..:~.~.:~.~. I . Latitude: 33026' 9- N Longitude: 81059' 32- W -:-:,,,~f.f'..~<~ ': ,..., :"", ....;..'::,.,:;..'- '::~'<":; ';.-;;r.;.~~;;...:.:.,~~ .. ":':':., _..:~:,'. '. . . '>..; ..:~;.~:~.~ ;:i" >: ;;}ti:~; S:~~i,;h;::.:~;;A~i ';;::,~;: . LAST KNOWN PROPERTY OWNER AND MAIUN~ ADDRESS:.",:}'. ;',::c;;:;,:>,,;:~':.i':':~':.c~i'.,'.:" . ::;,:.\. I '. , .'. .' ". ".: ". ';"'.:'.:'. :,' '. . . -.~~f;::'~}/~!. '.:y.~. ~ .' .:tLti.~:~~~' :\;:'::~:"'.: ;:.:~;>:.::;~ ..~'.~~ .:~r~.:' ~r:. I Mr. Phillip Goldberg '., C' '. .: : . . ," :'~''': ::,:... ..:.-:':: :':':;';":":;.::'~.:> ..c/o.,:"", 7.." "".':: ,.. . 241 Dan Bowles Road .... ..:.:...,....,...:,......:.. ..... .... '" ""~:""""";";");"':"" '.' I - August~ GA 30901 ..f..z..~;;,~.:. '. ....,:.:;..:~..;:.;:.::~t~.::j.~.-...~~;i~1;;.N;;~..7.:~.'~".':\' :...... . -.:i. '~',.:~~.::/.... ",:,:;,;'~;::~:~~',:":':~..\:.~:. .~:; '::';;~:'. '. . ::', .....,.... · · ::~::~::::::::::~:~f=::7i~~~~~3~~:E, .' . =s;':mv~:~::~~i~=~m this~I.~.j~~01i~~~~;~S;~~I::~;t0':~:5 ',. r I This site has a known release of Lead in soil at IEWels exceeding"U,~"~rtable quantity. The' site has . .1. unlimned access. The nearest resident individual is. less than 300 teet from the area affected by the release. .; . ::::. SUBSTANCES IN GROUNDWA :eR:.'::c;'t., ,"';i1i~:':'2~q?~~j;fJft;i~it,f~~:;'."/"....".' . '. :. OtHER SUBSTANCES ON-SITE: ,~.,:,::. .' .,. ': ....:.....".. ... :..;';::'" I. I- .' .' .' .' .' I I "'-.. @ PCBs; Antimony; Arsenic; Barium; Copper, Nickel; Benzo(a)anthracene; Chrysene. STATUS OF CLEANUP ACTNITIES: HSRA cleanup or investigation has been initiated at this site, ClEANUP PRIORITY: The Director has designated this site ~C~"N. ..--.... .. .;",: :'.. ", :-- . ~.... i , . ". .".:')'; ........ .. '..' ',' . :.:... .::.:_\..~.~ ' ,"! . - ~. '" .:' (~:~. .l: ',._ .,' . GA EPD DIRECTOR'S DETERMINA nON REGARDING CORRECTIVE ACTION: .' ., '":' . . '..~ . . -..... .." " The Director has determined that this site requires corrective action. ...,: ...~ '.' ........ ". .... ." " " .. .~. .'" ; -.".. '. I. " t, .;. ..<........ .. .1 .( .: #~. ~~it~~d~:i~:~~~~;J;1~:Iir::;:.;?:~r~.~~~~ ~~..~ '," ;tF~~T~.~.~,.~~.~ ~~...~ "'" .~."_ .~,. _'__.~ . I: ~ , , I: I; 11 i I I t i , - t ~ I ! I I I I I 1 I I I I. I & Site No.: 10365 Site Name: Goldberg Brothers Location: 241 Dan Bowles Road Augusta Lat 33 0 26 . 9. N Richmond 30901 Tax Map 87-2, Parcel 121; 122.1 06106197 14:43:19 Lon 81 0 59 ' 32. W County: ParcellD: Property Owner. Mr. Phillip Goldberg 241 Dan Bowles Road Augusta Phone: Mr. Phillip Goldberg Owner Goldberg Brothers, Inc & Richmond Recycling, Inc 241 & 250 Dan Bowles Road Augusta GA 30901 Phone: GA 30901 Contact Person: Facility ow/op: Mr. Phillip Goldberg Owner Goldberg Brothers, Inc & Richmond Recycling, Inc 241 & '~50 Dan Bowles Road Augusta GA 30901 Phone: EPAID: Entered HSI Database on : 04/06/95 Corrective Action Site Class: 2 OUTPUT FROM REPORTABLE QUANTITIES SCREENING METHOD GROUNDWA TER PA THWA Y Pathway Score: 40.65 A. Known (45), Suspected (10), or Pot. Future (5): 45 1 B.Higher (6), Average (3), or Lower (0) Susceptibility: 0 2B. Physical State [ stable solid=O; liquid=3]: 0 C. Containment [ very good=O; poor=3]: 0 SUBSTANCE; ",CAS: 20. Toxicity: . 16 7439921) Lead 3D. Quantity: 4 - Unknown 1 E. Exposure: 4 2E. Distance to well or spring: 16 (If 1 &4 then 2E=16) (If 1 E=O then 2E=1) ON-SITE EXPOSURE PATHWA Y Pathway Score: A. Access [none=O; unlimited=4]: 4 B. Known (25). suspected (15), or no known (0) release: 25 C. Quality of containment [ very good=O; poor=5]: 5 SUBSTANCE: (CAS: 7439921 ) Lead 20. Toxicity: 16 3D. Quantity: 4 _ Unknown 74.07 1 E. Distance to resident [<300'=8; > 1 mile=1 J: 8 2E, Sensitive Environment affected [yes= 1]: 0 OTHER SUBSTANCES: Gmdwat Soil Substance Y PCBs y Antimony y Arsenic I I I I I I I I i I i I I I j I I I - . . . . - 10365 y Site Name: Goldberg Brothers 06106/97 Y Barium y Copper y Nickel y Benzo(a)anthracene Y Chrysene Mercury :- GP 14:43:19 I I I~" I I I I I I I I I I I I I I I.' I @ Hazardous Site Inventory Database Change Form ~ Site N~~ (. S- I Site N arne: ~ Database Section: Site Location Property Owner Facility Own/Op Chemicals RQSM - GW Other: Tax parcel ID Contact Person RQSM - On-site Change Prom: Change To: [Blank] td-x ~ ~7-~/ p~ u.Y ( ;l.{ ~ .; { :J...:2.. r Explanation/Source of Data: This datum was transferred directly from the 1996 publication of the HSI. At time of 1996 HSI preparation, the database had no provision for tax parcel ID numbers, so the data were added at that time directly to the compiled HSI text document. Action By: Steve Woodall Appr~~ Date: Co (' /97 Date: Date: 6/6/97 R:\STEVE\HSI\QAQC\JUL Y97\DBCHANGE. T A)( I I I I I I I Ii I' I I I I I I I I I.- I ~ t;:;O r 4Y arrment ot Natural ReS6UrCE 205 Butler Street, S.E., ite 1158, Atlanta, Georgia 303. Lonice C. Barrett. Commi.ssiol Environmental Protection Divis Harold F. Reheis. Dire, 404I6S7-SE - October 20, 1995 Mr, Phillip Goldberg Goldberg Brothers, Inc. 241 Dan Bowles Road Augusta, Georgia 30901 Dear Mr, Goldberg: Re: Hazardous Site Inventory #10365 Goldberg Brothers, Inc. This letter is to infonn you that a review of the file for the above mentioned site has indicated an error in the Reportable Quantities Screening Method (RQSM) summary sheet attached to the site listing letter dated April 1.7, 1995. The RQSM summary sheet incorrectly specified the sile as Class IV. The Georgia Environmental Protection Division has updated this infonnation to correctiy indicate the site as Class II. A copy of the corrected RQSM summary sheet is attached for your review. If you have any questions, please contact Nonnan McCoomer at (404) 657-8600. Tim Cas Program Manager Hazardous Sites Response Program Attachment: RQSM. Summary Sheet File:#10365 r:\normanm\gOldberg, wpg I I I I I I I I.' I 10365 Location; County: Property Owner: Contact Person: Facility ow/op: . .-' (ft- Site rt..~: Goldberg Brothers ,,~ 241 Dan Bowles Road Augusta Richmond 1 0/1 8/95 15:51:58 Lat 33 0 E 26 I 9 . N Lon 81 0 E 59' 32. w 30901 Mr. Phillip Goldberg 241 Dan Bowles Road Augusta GA 30901 Phone: Mr. Phillip Goldberg Owner GOldberg Brothers. Inc & Richmond Recycling, lnc 241 & 250 Dan Bowles Road Augusta GA 30901 Phone: Mr. Phillip GOldberg Owner Goldberg Brothers, Inc & Richmond Recycling, lnc 241 & 250 Dan Bowles Road Augusta GA 30901 Phone: EPAID: Entered HSf Database on ; 04106/95 Corrective Action Site Class: 2 :- OUTPUT FROM REPORTABLE QUANTITIES SCREENING METHOD GROUNDWATER PATHWAY PsthwsyScore: 4lJ.65 A. Known (45), Suspected (10), or Pot. Future (5): 45 1B.Higher (6), Average (3), or Lower (0) Susceptibility: 0 2B. Physical State ( stable solid=O; liquid=3]: 0 C. Containment ( very good=O: poor=3]; 0 SUBSTANCE: (CAS: 20. Toxicity; 16 7439921) Lead 3D. Quantity: 4. Unknown 1 E. Exposure: 4- Distance to well or spring: 16 (If 1 E>4 then 2E= 16) (If 1 E=O then 2E=1) ON-srrE EXPOSURE PA THWA Y Pathway Score: A. Access ( none=o; unlimited=4J: 4 B. Known (25), sUSpected (15), or no known (0) release: 25 C. Quality of containment r very gOod=O: poor=5J: 5 SUBSTANCE: (CAS: 7439921) Lead 20. Toxicity: 16 3D. Quantity: 4. Unknown 74.07 1 E. Distance to resident (<300'=8; > 1 mile=1 J: 8 2E, Sensitive Environment affected (yes=1 J: 0 OTHER SUBSTANCES: Gmdwat Soil Substance Y PCBs y Antimony Y Arsenic Y Barium Y COpper I I I I I I I I I I I I I I I I I I I Request For Proposals Augusta Brownfields Redevelopment Project Augusta-Richmond County, Augusta, Georgia SECTION 7.0 I I I I I I I I I I I I I I I I I I I Year 2000 Warranty Seller warrants that its facilities, equipment, operations and information systems and all of the systems and processes currently utilized or expected to be utilized in fulfillment of this Agreement either already are or will be Year 2000 compliant in that ~eller will be able to fulfill its obligations, representations and warranties included herein. Failure of Seller to meet its obligations, representations and warranties due to Seller's failure to take reasonable and foreseeable actions to insure Year 2000 compliance shall be regarded as a material breach by Buyer. Seller warrants that any products purchased and/or supplied by this Agreement are Year 2000 compliant. Year 2000 compliance means that the product or output of the product will create no logical or mathematical inconsistencies when dealing with dates beyond 1999. In the event that. one or more products is/are unable to meet such compliance standard, the Seller shall use its best efforts to promptly modify such products so as to enable it/them to meet the compliance standard. If products are still unable to meet the compliance standard thirty (30) days after receipt of written notice of the non-compliance as determined by Buyer, Buyer shall have the right to terminate the Agreement or the part of the Agreement directly related to the non- compliant products. Name Title Company Date THIS SHEET IS A REQUIREMENT IN YOUR BID PACKAGE. I I I I I I I I I I I I ;1 I I I I I' '-:'1 Employee Conflict of Interest 1-10-10 It shall be unethical for any Augusta-business or partlclpate directly or indirectly m a procw-ement contract when the employee or official knows that: (a) the employee or official or any member of the employee's or official's immediate family has a substantial interest or financial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other Augusta-RicIunond County employee has a financial interest is authorized as per O.C.G.A 36-1-14, or the procurement contract is awarded pursuant to O.C.G.A 45-10-22 and 45-10-24, or the transaction is excepted from said restrictions by O.C.G.'A 45-10-25; (b) any other person, business, or organization with whom the employee or official or any member of an employee's or official's immediate family is negotiating or has an arrangement concerning prospective employment is invoived in the procurement contract. Any employee or official or any member of an employee's or official's immediate . family who holds a substantial interest or financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that substantial interest or financial interest. Use of Confidential Information 1-10-15 It shall be unethical for any Augusta-Richmond County employee or official knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person. Name Title Company Date THIS SHEET IS A REQUIREMENT IN YOUR BID PACKAGE.