September 15, 2023

INVITATION TO QUOTE

WQ004-24

The City of Lawrenceville is soliciting competitive quotes from qualified contractors for the Soil Excavation at Remediation Area SB-1. The project is located nearby 217 McArthur St, Lawrenceville, GA 30046.

Quotes will be received via email at steve.murray@lawrencevillega.org until 3:00 P.M. local time on Thursday, September 28, 2023. Any quote received after 3:00 P.M. will not be accepted.

A pre-bid conference/site visit is scheduled for 10:00 A.M. on Thursday, September 21, 2023 at 217 McArthur St., Lawrenceville, GA 30046. All bidders are urged to attend. Questions regarding bids should be directed to Steve Murray, Purchasing Director at steve.murray@lawrencevillega.org or by calling 678-407-6420, no later than 3:00 P.M. on September 22, 2023. Bids are legal and binding upon the bidder when submitted.

Successful contractor will be required to meet insurance requirements. The Insurance Company should be authorized to do business in Georgia by the Georgia Insurance Department, and must have an A.M.

Best rating of A-5 or higher.

The quote documents supersede any verbal or written prior communications between the parties.

Award will be made to the supplier submitting the lowest responsive and responsible quote. The City of Lawrenceville reserves the right to reject any or all quotes, to waive technicalities, and to make an award deemed in its best interest.

We look forward to your quote and appreciate your interest in the City of Lawrenceville.

Steve Murray Purchasing Director

The following pages should be returned as your quote: Quote Schedule, Page 7 Subcontractor List, Page 8 mailto:steve.murray@lawrencevillega.org mailto:steve.murray@lawrencevillega.org

WQ004-24 Page 2

SCOPE OF WORK:

Soil Excavation at Remediation Area SB-1

During a Limited Site Investigation on the Rhodes Jordan Trail Project (See Figure 1 and 2), City’s Engineer Consultant (“Kimley-Horn”) detected Benzo(a)pyrene in soil at sampling. The extent of benzo(a)pyrene impacts to soil were delineated to below the GEPD HSRA Notification Concentration at Remediation Area SB-1 as depicted on the attached Figure 3. See Appendix A for full access to the Limited Site Investigation which shows benzo(a)pyrene presence.

The benzo(a)pyrene in soil over the GEPD HSRA Notification Concentration will be remediated by excavation with off-site disposal at a permitted waste handling facility per the below scope of work.

Confirmation soil samples are not required during excavation activities and the delineation samples collected by other contractor have been utilized to define the extent of impacts for the site. Upon completion of the corrective action, the results will be reported to GEPD by City Engineeniring Consultant (“Kimley-Horn”) to complete the HSRA Release Notification and request a Non-Hazardous Site Inventory (Non-HIS) listing.

Proposed Tasks:

Surveying and Staking Delineation sampling locations at Remediation Area SB-1 were staked for future reference. Due to construction activities in the site area that may disturb the stakes, the Contractor will provide survey location of those boring locations (SB-2, SB-3, SB-4, and SB-5 as shown in Figure 2) to enable accurate location of Remediation Area SB-1 during the excavation event.

Utility Clearance No later than 72 hours prior to intrusive activities, the contractor will contact the state public utility locator to arrange for underground utility location and marking of public utilities (gas, water, electric) at the above-referenced site.

Health & Safety Plan A site-specific health and safety plan (HASP) will be developed by the contractor and observed during all field-related activities. All project personnel assigned to the project will have completed, at a minimum, required OSHA HAZWOPER training in accordance with 29 CFR Part 1910.120.

Soil Profiling & Manifesting The contractor will prepare a soil Special Waste Profile and manifests as required by the Subtitle D Landfill prior to the field activities that will need to be signed by the City of Lawrenceville for disposal of the excavated soils.

Soil Excavation Remediation Area SB-1 will be excavated to the delineation limits as depicted on attached Figure 3 Remediation Area SB-1 figure to a depth of 4 feet below ground surface to remove benzo(a)pyrene impacted soils over the GEPD HSRA Notification Concentration. A maximum of 18 tons of non-hazardous soil is estimated for soil disposal purposes at a Subtitle D landfill. The contractor shall either live load the excavated soils onto trucks or, if needed, stage the soils adjacent to the excavation on plastic sheeting with cover prior to loading into trucks.

Soil Transportation & Disposal The contractor will arrange for transportation and disposal of the excavated soils at a qualified Subtitle D landfill with City of Lawrenceville approval.

Excavation Backfilling The excavation will be backfilled with 57 stone by the ontractor to the surface and compacted with the excavator.

WQ004-24 Page 3

Figure 1. Site Diagram

WQ004-24 Page 4

Figure 2. Boring Location Diagram from Limited Site Investigation

WQ004-24 Page 5

Figure 3. Area SB-1 Benzo(a)pyrene limits

WQ004-24 Page 6

Utility Providers: The following is a list of possible utility providers.

Utility Provider Phone Number

Electrical Providers City of Lawrenceville 770-963-9834

Georgia Power 888-660-5890 Jackson EMC 800-462-3691

Gas Provider City of Lawrenceville 770-963-3332 Atlanta Gas Light 770-994-1946

Water Providers Gwinnett County 770-822-5061

Interstate Pipelines Plantation Pipeline 800-510-5678

Sewer Providers Gwinnett County 770-822-5061

Police Emergency 770-963-2443

Fiberoptics Provider AT&T Quest Communications

Cable Providers Charter Communications Comcast

GA Emergency Management

Agency 440-624-7000

Contractor’s Minimum Requirements:

• Have the appropriate technical experience and working knowledge, to perform the work.

• Have the right equipment and personnel to perform the work.

• Have suitable financial means to meet obligations incidental to the work.

• Have done and to show proof of no less than THREE Contracts of similar character to the work being quote for a public agency in the State of Georgia, each with an original contract price of no less than $50,000.00 within the past five years. A list of similar projects of this kind done by the contractor shall be attached to the bid including, the company's name and contact information.

• Have visited and examined the locations of the work.

• Be required to enter into a binding contract with the City to perform the work.

• Be required to sign the City’s affidavit verifying compliance with O.C.G.A. 13-10-91 and Georgia Dept. of

Labor Rule 300-10-1.02.

WQ004-24 Page 7 Failure to return this page as part of bid document may result in rejection of quote.

QUOTE SCHEDULE

Certification of Non-Collusion in Quote Preparation Signature Date

In compliance with the attached specifications, the undersigned offers and agrees, if this quote is accepted by the City Council within ninety (90) days of the date of quote opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the quote schedule.

Legal Business Name

Federal Tax ID

Address

Representative Signature Printed Name

Telephone Number E-mail address

The Contractor awarded work under this contract shall commence work within ten (10) days after the issuance of the Purchase Order and shall fully complete all work hereunder within 30 consecutive calendar days from and after said date.

ITEM # QTY DESCRIPTION TOTAL PRICE

1 Lump-Sum

All costs associated with the complete excavation, disposal, complete final grading, erosion control in disturbed areas, and backfilling as per the quote specifications, drawings & scope of work for the Soil Excavation at Remediation Area SB-1 located nearby 217 McArthur St, Lawrenceville, GA 30046.

WQ004-24 Page 8

Failure to return this page as part of bid document may result in rejection of quote.

LAWRENCEVILLE, GEORGIA

LIST OF SUBCONTRACTORS

I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors:

Company Name

NAME AND ADDRESS

TYPE OF WORK

STANDARD INSURANCE REQUIREMENTS

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $100,000 each employee

2. Commercial General Liability insurance

(a) $1,000,000 limit of liability per occurrence for bodily injury and property damage

(b) The following additional coverage must apply:

1986 (or later) ISO Commercial General Liability Form Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04) Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations) Blanket Contractual Liability (included in 1986 or later forms) Broad Form Property Damage (included in 1986 or later forms) Severability of Interest (included in 1986 or later forms) Underground, explosion, and collapse coverage (included in 1986 or later forms) Personal Injury (deleting both contractual and employee exclusions) Incidental Medical Malpractice Hostile Fire Pollution Wording This coverage cannot have any exclusion for asbestos removal or claims

3. Auto Liability Insurance

(a) $500,000 limit of liability per occurrence for bodily injury and property damage

(b) Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles

(c) Additional Insured Endorsement

(d) Contractual Liability

4. Umbrella Liability Insurance - $1,000,000 limit of liability

(a) The following additional coverage must apply Additional Insured Endorsement Concurrency of Effective Dates with Primary Blanket Contractual Liability Drop Down Feature Care, Custody, and Control - Follow Form Primary Aggregates: Apply Where Applicable in Primary Umbrella Policy must be as broad as the primary policy This coverage cannot have any exclusion for asbestos removal or claims

5. The City of Lawrenceville should be shown as an additional insured on General Liability, Auto

Liability and Umbrella Liability policies.

6. The cancellation provision should provide 30 days notice of cancellation.

7. Certificate Holder should read:

City of Lawrenceville 70 S. Clayton St.

P.O. Box 2200 Lawrenceville, Georgia 30046

8. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-5 or higher. Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-5 or better.

9. Insurance companies should be licensed to do business by the Georgia Department of Insurance.

10. Certificates of Insurance, and any subsequent renewals, must reference specific quote/contract by project name and project/quote number.

11. All insurance coverages required to be provided by the Contractor will be primary over any insurance program carried by the City.

12. The contractor shall incorporate a copy of the insurance requirements as herein provided in every subcontract with every Subcontractor in any tier, and shall require every subcontractor of any tier to comply with all such requirements. Contractor agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense.

13. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to the City of Lawrenceville as to form and content has been filed with the City.

The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

14. The Contractor shall agree to waive all rights of subrogation against the City of Lawrenceville, the Mayor, City Council members, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the City.

15. All Risk Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents required to perform the services called for in the Contract. The coverage must be for full replacement cost. The City will be included as a Loss Payee in this coverage for City-owned equipment, tools, supplies, and contents.

16. The Contractor shall make available to the City, through its records or records of their insurer, information regarding a specific claim. Any loss run information available from the contractor or their insurer will be made available to the City upon their request.

17. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all Subcontractors of their liability provisions of the Contract.

18. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of

1970, Public Law 91-956, and any other laws that may apply to this Contract.

19. The Contractor shall at a minimum apply risk management practices accepted by the contractors’ industry.

Rev. 05/15

Solicitation Name & No.: Soil Excavation at Remediation Area SB-1; WQ004-24 Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l)

The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows:

a) The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program;

b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof;

c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof;

d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract;

e) The Contractor will contract for the performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13-10-91(a), (b), and (c);

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and

g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt.

Federal Work Authorization User Identification Number Date of Authorization

Name of Contractor

Name of Public Employer Street Address

City/State/Zip Code

Executed on _________, _____, 20_____ in _______________ (city), __________ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE _______ DAY OF _____________, 20______. NOTARY PUBLIC

My Commission Expires: _____________________

CITY OF LAWRENCEVILLE

PURCHASING DEPARTMENT

GENERAL INSTRUCTIONS FOR BIDDERS, TERMS AND CONDITIONS

I. PREPARATION OF BIDS

A. Each bidder shall examine the drawings, specifications, schedule and all instructions.

Failure to do so will be at the bidder’s risk, as the bidder will be held accountable for their bid response.

B. Each bidder shall furnish all information required by the bid form or document. Each bidder shall sign the bid and print or type his or her name on the schedule. The person signing the bid must initial erasures or other changes. An authorized agent of the company must sign bids.

C. Individuals, firms and businesses seeking an award of a City of Lawrenceville contract may not initiate or continue any verbal or written communications regarding a solicitation with any City officer, elected official, employee or other City representative without permission of the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final contract award by the City Council.

Violations will be reviewed by the Purchasing Manager. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business may be disqualified from consideration for award.

D. Sample contracts (if pertinent) are attached. These do NOT have to be filled out with the bid/proposal submittal, but are contained for informational purposes only. If awarded, the successful bidder(s) will be required to complete them prior to contract execution.

E. Effective, July 1, 2013 and in accordance with the Georgia Illegal Reform and

Enforcement, an original signed, notarized and fully completed Contractor Affidavit and Agreement should be included with your bid/proposal submittal, if the solicitation is for the physical performance of services for all labor or service contract(s) that exceed $2,499.99 (except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia). Failure to provide the Contractor Affidavit and Agreement with your bid/proposal submittal may result in bid/proposal being deemed non-responsive and automatic rejection.

II. DELIVERY

A. Each bidder should state time of proposed delivery of goods or services.

B. Words such as “immediate,” “as soon as possible,” etc. shall not be used. The known earliest date or the minimum number of calendar days required after receipt of order (delivery A.R.O.) shall be stated (if calendar days are used, include Saturday, Sunday and holidays in the number).

III. EXPLANATION TO BIDDERS

Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids, drawings, specifications, etc. must be requested by the question cutoff deadline stated in the solicitation in order for a reply to reach all bidders before the close of bid. Any information given to a prospective bidder concerning an invitation for bid will be furnished to all prospective bidders as an addendum to the invitation if such information is necessary or if the lack of such information would be prejudicial to uninformed bidders. The written bid documents supersede any verbal or written communications between parties. Receipt of addendum should be acknowledged in the bid. It is the bidder’s responsibility to ensure that they have all applicable addenda prior to bid submittal. This may be accomplished via contact with the assigned Procurement Agent prior to bid submittal.

IV. SUBMISSION OF BIDS

A. Bids shall be enclosed in sealed envelopes, addressed to the City of Lawrenceville

Purchasing Office with the name of the bidder, the date and hour of opening and the invitation to bid number on the face of the envelope. Telegraphic/faxed bids will not be considered. Any addenda should be enclosed in the sealed envelopes as well.

B. ADD/DEDUCT: Add or deduct amounts indicated on the outside of the envelope are allowed and will be applied to the lump sum amount. Amount shall be clearly stated and should be initialed by an authorized company representative.

C. Samples of items, when required, must be submitted within the time specified and, unless otherwise specified by the City, at no expense to the City. Unless otherwise specified, samples will be returned at the bidder’s request and expense if items are not destroyed by testing.

D. Items offered must meet required specifications and must be of a quality, which will adequately serve the use and purpose for which intended.

E. Full identification of each item bid upon, including brand name, model, catalog number, etc. must be furnished to identify exactly what the bidder is offering. Manufacturers’ literature may be furnished.

F. The bidder must certify that items to be furnished are new and that the quality has not deteriorated so as to impair its usefulness.

G. Unsigned bids will not be considered except in cases where the bid is enclosed with other documents, which have been signed. The City will determine this.

H. The City of Lawrenceville is exempt from federal excise tax and Georgia sales tax with regard to goods and services purchased directly by City of Lawrenceville. Suppliers and contractors are responsible for federal excise tax and sales tax, including taxes for materials incorporated in City construction projects. Suppliers and contractors should contact the State of Georgia Sales Tax Division for additional information.

I. Information submitted by a bidder in the bidding process shall be subject to disclosure after the public opening in accordance with the Georgia Open Records Act. Each page of proprietary information must be identified. The entire bid may not be deemed proprietary.

V. WITHDRAWAL OF BID DUE TO ERRORS

The bidder shall give notice in writing of his claim of right to withdraw his bid without penalty due to an error within two (2) business days after the conclusion of the bid opening procedure. Bids may be withdrawn from consideration if the price was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and material used in the preparation of the bid sought to be withdrawn. The bidder’s original work papers shall be the sole acceptable evidence of error and mistake if he elects to withdraw his bid.

If a bid is withdrawn under the authority of this provision, the lowest remaining responsive bid shall be deemed to be low bid.

No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

Supplier has up to forty-eight (48) hours to notify the City of Lawrenceville Purchasing Office of an obvious clerical error made in calculation of bid in order to withdraw a bid after bid opening.

Withdrawal of bid for this reason must be done in writing within the forty-eight (48) hour period.

Suppliers who fail to request withdrawal of bid by the required forty-eight (48) hours shall automatically forfeit bid bond. Bid may not be withdrawn otherwise.

Bid withdrawal is not automatically granted and will be allowed solely at City of Lawrenceville’s discretion.

VI. TESTING AND INSPECTION

Since tests may require several days for completion, the City reserves the right to use a portion of any supplies before the results of the tests are determined. Cost of inspections and tests of any item, which fails to meet the specifications, shall be borne by the bidder.

VII. F.O.B. POINT

Unless otherwise stated in the invitation to bid and any resulting contract, or unless qualified by the bidder, items shall be shipped F.O.B. Destination. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until items are delivered and the contract of carriage has been completed. Unless the F.O.B.

clause states otherwise, the seller assumes transportation and related charges either by payment or allowance.

VIII. PATENT INDEMNITY

The contractor guarantees to hold the City , its agents, officers or employees harmless from liability of any nature or kind for use of any copyrighted or un copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, for which the contractor is not the patentee, assignee or licensee.

IX. BID BONDS AND PAYMENT AND PERFORMANCE BONDS (IF REQUIRED)

A five percent (5%) bid bond, a one hundred percent (100%) performance bond, and a one hundred percent (100%) payment bond must be furnished to City of Lawrenceville for any bid as required in bid package or document. Failure to submit a bid bond with the proper rating will result in the bid being deemed non-responsive. Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department of the Treasury’s publication of companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating as stated in the insurance requirement of the solicitation. The bid bond, payment bond, and performance bond must have the proper an A.M. Best rating as stated in the bid when required in the bid package or document.

X. DISCOUNTS

A. Time payment discounts will be considered in arriving at net prices and in award of bids.

Offers of discounts for payment within ten (10) days following the end of the month are preferred.

B. In connection with any discount offered, time will be computed from the date of delivery and acceptance at destination, or from the date correct invoice or voucher is received, whichever is the later date. Payment is deemed to be made for the purpose of earning the discount, on the date of the City check.

XI. AWARD

A. Award will be made to the lowest responsive and responsible bidder. The quality of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the City, and the delivery terms will be taken into consideration in making the award. The City may make such investigations as it deems necessary to determine the ability of the bidder to perform, and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract.

B. The City reserves the right to reject or accept any or all bids and to waive technicalities, informalities and minor irregularities in bids received.

C. The City reserves the right to make an award as deemed in its best interest, which may include awarding a bid to a single bidder or multiple bidders; or to award the whole bid, only part of the bid, or none of the bid to single or multiple bidders, based on its sole discretion of its best interest.

XII. DELIVERY FAILURES

Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the Purchasing Manager, or failure to make replacement of rejected articles/services when so requested, immediately or as directed by the Purchasing Manager, shall constitute authority for the Purchasing Manager to purchase in the open market articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the contractor shall reimburse the City within a reasonable time specified by the Purchasing Manager for any expense incurred in excess of contract prices, or the City shall have the right to deduct such amount from monies owed the defaulting contractor. Alternatively, the City may penalize the contractor one percent (1%) per day for a period of up to ten (10) days for each day that delivery or replacement is late.

Should public necessity demand it, the City reserves the right to use or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Purchasing Manager.

XIII. CITY FURNISHED PROPERTY

No material, labor, or facilities will be furnished by the City unless so provided in the invitation to bid.

XIV. REJECTION AND WITHDRAWAL OF BIDS

Failure to observe any of the instructions or conditions in this invitation to bid may constitute grounds for rejection of bid.

XV. CONTRACT

Each bid is received with the understanding that the acceptance in writing by the City of the offer to furnish any or all of the commodities or services described therein shall constitute a contract between the bidder and the City which shall bind the bidder on his part to furnish and deliver the articles quoted at the prices stated in accordance with the conditions of said accepted bid. The City, on its part, may order from such contractor, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles specified and delivered.

Upon receipt of a bid package containing a City of Lawrenceville “Sample Contract” as part of the requirements, it is understood that the bidder has reviewed the documents with the understanding that City of Lawrenceville requires that all agreements between the parties must be entered into via this document. If any exceptions are taken to any part, each must be stated in detail and submitted as part of the bid. If no exceptions are stated, it is assumed that the bidder fully agrees to the provisions contained in the “Sample Contract” in its entirety.

When the contractor has performed in accordance with the provisions of this agreement, City of Lawrenceville shall pay to the contractor, within thirty (30) days of receipt of any department approved payment request and based upon work completed or service provided pursuant to the contract, the sum so requested, less the retainage stated in this agreement, if any. In the event that City of Lawrenceville fails to pay the contractor within sixty (60) days of receipt of a pay requested based upon work completed or service provided pursuant to the contract, the City shall pay the contractor interest at the rate of ½% per month or pro rata fraction thereof, beginning the sixty-first (61st) day following receipt of pay requests. The contractor’s acceptance of progress payments or final payment shall release all claims for interest on said payment.

XVI. NON-COLLUSION

Bidder declares that the bid is not made in connection with any other bidder submitting a bid for the same commodity or commodities, and that the bid is bona fide and is in all respects fair and without collusion or fraud. An affidavit of non-collusion shall be executed by each bidder.

Collusion and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

XVII. DEFAULT

The contract may be canceled or annulled by the Purchasing Manager in whole or in part by written notice of default to the contractor upon non-performance or violation of contract terms. An award may be made to the next low responsive and responsible bidder, or articles specified may be purchased on the open market similar to those so terminated. In either event, the defaulting contractor (or his surety) shall be liable to the City for costs to the City in excess of the defaulted contract prices; provided, however, that the contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the contractor to deliver materials or services within the time stipulated on his bid, unless extended in writing by the Purchasing Manager, shall constitute contract default.

XVIII. TERMINATION FOR CAUSE

The City may terminate this agreement for cause upon ten days prior written notice to the contractor of the contractor’s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the City’s rights or remedies by law.

XIX. TERMINATION FOR CONVENIENCE

The City may terminate this agreement for its convenience at any time upon 30 days written notice to the contractor. In the event of the City’s termination of this agreement for convenience, the contractor will be paid for those services actually performed. Partially completed performance of the agreement will be compensated based upon a signed statement of completion to be submitted by the contractor, which shall itemize each element of performance.

XX. DISPUTES

Except as otherwise provided in the contract documents, any dispute concerning a question of fact arising under the contract which is not disposed of shall be decided after a hearing by the Purchasing Manager, who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the procurement agent shall be final and binding; however, the contractor shall have the right to appeal said decision to a court of competent jurisdiction.

XXI. SUBSTITUTIONS

Bidders offering and quoting on substitutions or who are deviating from the attached specifications shall list such deviations on a separate sheet to be submitted with their bid. The absence of such a substitution list shall indicate that the bidder has taken no exception to the specifications contained herein.

XXII. INELIGIBLE BIDDERS

The City may choose not to accept the bid of a bidder who is in default on the payment of taxes, licenses or other monies due to the City. Failure to respond to three (3) consecutive times for any given commodity/service may result in removal from the supplier list under that commodity/service.

XXIII. AMERICANS WITH DISABILITIES ACT

All contractors for City of Lawrenceville are required to comply with all applicable sections of the Americans with Disabilities Act (ADA) as an equal opportunity employer. In compliance with the Americans with Disabilities Act (ADA), City of Lawrenceville provides reasonable accommodations to permit a qualified applicant with a disability to enjoy the privileges of employment equal to those employees with disabilities. Disabled individuals must satisfy job requirements for education background, employment experience, and must be able to perform those tasks that are essential to the job with or without reasonable accommodations.

XXIV. ALTERATIONS OF SOLICITATION AND ASSOCIATED DOCUMENTS

Alterations of City documents are strictly prohibited and will result in automatic disqualification of the firm’s solicitation response. If there are “exceptions” or comments to any of the solicitation requirements or other language, then the firm may make notes to those areas, but may not materially alter any document language.

XXV. TAX LIABILITY

Local and state governmental entities must notify contractors of their use tax liability on public works projects. Under Georgia law, private contractors are responsible for paying a use tax equal to the sales tax rate on material and equipment purchased under a governmental exemption that is incorporated into a government construction project: excluding material and equipment provided for the installation, repair, or expansion of a public water, gas or sewer system when the property is installed for general distribution purposes. To the extent the tangible personal property maintains its character (for example the installation of a kitchen stove), it remains tax-exempt. However, if the installation incorporates the tangible personal property into realty, e.g., the installation of sheetrock, it becomes taxable to the private contractor.

See O.C.G.A. 48-8-3(2) and O.C.G.A. 48-8-63.

XVIII. STATE LAW REGARDING WORKER VERIFICATION

Effective July 1, 2013 State Law requires that all who enter into a contract for the physical performance of services for all labor or service contract(s) that exceed $2,499.99 (except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia) for the City, must satisfy the Illegal Immigration Reform and Enforcement Act, in all manner, and such are conditions of the contract.

The City shall be authorized to conduct random audits of a contractor’s or subcontractors’ compliance with the Illegal Immigration Reform and Enforcement Act and the rules and regulations of the Georgia Department of Labor. The contractor and subcontractors shall retain all documents and records of its compliance for a period of five (5) years following completion of the contract.

This requirement shall apply to all contracts for all labor or service contracts that exceed $2,499.99 except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia.

Whenever it appears that a contractor’s or subcontractor’s records are not sufficient to verify the work eligibility of any individual in the employ of such contractor or subcontractor, the Purchasing Manager shall report same to the Department of Homeland Security and may result in termination of the contract if it is determined at any time during the work that the contractor/or subcontractor is no longer in compliance with the Illegal Immigration Reform and Enforcement Act.

State Law requires that all who enter into a contract for public works as defined by O.C.G.A. 36- 91-2(10) for the City must satisfy the Illegal Immigration Reform and Enforcement Act of 2011, in all manner, and such are conditions of the contract.

By submitting a bid to the City, contractor agrees that, in the event the contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the employee-number category applicable to the subcontractor, as well as attestation(s) from such subcontractor(s) that they are in compliance with the Illegal Immigration Reform and Enforcement Act of 2011. Original signed, notarized Subcontractor Affidavits and Agreements must be submitted to the City.

A contractor’s failure to participate in the federal work authorization program as defined by the Illegal Immigration Reform and Enforcement Act of 2011 shall be sanctioned by termination of the contract. If it is determined that a subcontractor is not participating in the federal work authorization program as defined by the Illegal Immigration Reform and Enforcement Act of 2011, City of Lawrenceville may direct the contractor to terminate that subcontractor. A contractor’s failure to follow City of Lawrenceville’s instruction to terminate a subcontractor that is not participating in the federal work authorization program as defined by the Illegal Immigration Reform and Enforcement Act of 2011 may be sanctioned by termination of the contract.

XXIX.GENERAL CONTRACTORS LICENSE

Effective July 1, 2008: All General Contractors must have a current valid license from the State Licensing Board for Residential and General Contractors, unless specifically exempted from holding such license pursuant to Georgia law (O.C.G.A. Section 43-41-17).

XXX. INDEMNIFICATION

To the fullest extent permitted by law, the Contractor shall, at his sole cost and expense, indemnify, defend, satisfy all judgments, and hold harmless the City, the engineer, and their agents and employees from and against all claims, damages, actions, judgments, costs, penalties, liabilities, losses and expenses, including, but not limited to, attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, action, judgment, cost, penalty, liability, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless whether such claim is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any of the rights or obligations of indemnity which would otherwise exist as to any party or person described in this agreement. In any and all claims against the City, the engineer, or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation contained herein 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 Worker's Compensation Acts, disability benefit acts, or other employee benefit acts.

XXXI.GEORGIA 811

Effective July 1, 2014: The Georgia Utility Facility Protection Act (GUFPA) was established to protect the underground utility infrastructure of Georgia. GUFPA mandates that, before starting any mechanized digging or excavation work, the contractor is required to contact Georgia 811 at least 48 hours but no more than 10 working days in advance to have utility lines marked. This law covers activities such as excavation, tunneling, grading, boring, demolition or any similar work pursuant to Georgia law (O.C.G.A. Title 25, Chapter 9).

XXXIII. PAYMENT

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor/vendor directly to the payment address shown on the purchase order/contract.

All invoices shall show the city contract number and/or purchase order number.

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided through a contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail or the date transmitted electronically to contractor/vendor.

Limited Site Investigation

Rhodes Jordan Trail

NE corner of E. Pike Street and McArthur Street

Lawrenceville, Gwinnett County, Georgia

June 16, 2023

Project No. 49217944A

Prepared for:

Kimley Horn

Atlanta, Georgia

Prepared by:

Terracon Consultants, Inc.

Lawrenceville, Georgia

TABLE OF CONTENTS

ii

1.0 SITE DESCRIPTION

2.0 SCOPE OF SERVICES

2.1 Standard of Care

2.2 Additional Scope Limitations

2.3 Reliance

3.0 FIELD INVESTIGATION

3.1 Soil Borings

3.2 Laboratory Analytical Program

4.0 RESULTS OF THE FIELD INVESTIGATION

4.1 Geology/Hydrogeology

4.2 Field Screening

5.0 SOIL ANALYTICAL RESULTS

6.0 CONCLUSIONS AND RECOMMENDATIONS

List of Appendices

APPENDIX A – EXHIBITS & TABLES

Exhibit 1 – Topographic Map

Exhibit 2 – Site Diagram

Exhibit 3 – Boring Location Diagram

Table 1 – Summary of Soil Analytical Results

APPENDIX B – ANALYTICAL REPORT AND CHAIN OF CUSTODY

APPENDIX C – SOIL BORING LOGS

APPENDIX D – PRELIMINARY RQSM SCORING

Responsive ■ Resourceful ■ Reliable

LIMITED SITE INVESTIGATION

RHODES JORDAN TRAIL

NE CORNER OF E. PIKE STREET AND MCARTHUR STREET

LAWRENCEVILLE, GWINNETT COUNTY, GEORGIA

Terracon Project No. 49217944A

June 16, 2023

1.0 SITE DESCRIPTION

The site consists of an approximately 50-foot wide by 730-foot-long abandoned CSX railroad spur constructed by at last 1924, which extends to the northeast from the intersection of East Pike

Street in Lawrenceville, Gwinnett County, Georgia. The proposed redevelopment plans for the site includes removal of the rail spurs, capping the area with clean fill, and construction of a recreational trail. A Boring Location Diagram is included as Exhibit 1 in Appendix A.

2.0 SCOPE OF SERVICES

Terracon performed the following LSI scope of services to assess potential environmental impacts associated with the former rail line operations that may be present. In order to assess the potential impacts, Terracon advanced seven soil borings along the former rail line and submitted one soil sample from a depth of 0 to 2 feet below ground surface from each. Samples were analyzed in accordance with the laboratory analytical program discussed below in Section 3.2 of this report.

The scope of services was not intended to identify every chemical possibly associated with the site. Similarly, the proposed scope was not intended to determine the extent or magnitude of any existing contamination.

2.1 Standard of Care

Terracon’s services were performed in a manner consistent with generally accepted practices of the profession undertaken in similar studies in the same geographical area during the same time.

Terracon makes no warranties, either express or implied, regarding the findings, conclusions, or recommendations. Please note that Terracon does not warrant the work of laboratories, regulatory agencies, or other third parties supplying information used in the preparation of the report. These LSI services were performed in accordance with the scope of work agreed with you, our client, as reflected in our proposal and were not restricted by ASTM E1903-11.

2.2 Additional Scope Limitations

Findings, conclusions, and recommendations resulting from these services are based upon information derived from the on-site activities and other services performed under this scope of work; such information is subject to change over time. Certain indicators of the presence of hazardous substances, petroleum products, or other constituents may have been latent, Rhodes Jordan Trail ■ Lawrenceville, Georgia

June 16, 2023 ■ Terracon Project No. 49217944A

Responsive ■ Resourceful ■ Reliable 2 inaccessible, unobservable, non-detectable, or not present during these services. We cannot represent that the site contains no hazardous substances, toxic materials, petroleum products, or other latent conditions beyond those identified during this LSI. Subsurface conditions may vary from those encountered at specific borings or wells or during other surveys, tests, assessments, investigations, or exploratory services. The data, interpretations, findings, and our recommendations are based solely upon data obtained at the time and within the scope of these services.

2.3 Reliance

This report has been prepared for the exclusive use of Kimley Horn and any authorization for use or reliance by any other party (except a governmental entity having jurisdiction over the site) is prohibited without the express written authorization of the client and Terracon. Any unauthorized distribution or reuse is at the client’s sole risk. Notwithstanding the foregoing, reliance by authorized parties will be subject to the terms, conditions, and limitations stated in the proposal, LSI report, and Terracon’s Master Services Agreement with Kimley Horn. The limitation of liability defined in the terms and conditions is the aggregate limit of Terracon’s liability to the client and all relying parties unless otherwise agreed in writing.

3.0 FIELD INVESTIGATION

Terracon conducted the fieldwork under a safety plan developed for this project. Work was performed using United States Environmental Protection Agency (USEPA) Level D work attire consisting of hard hats, safety glasses, protective gloves, and protective boots. Terracon contacted the State of Georgia utility clearance hotline and requested location and markings for all utilities that the service was responsible for before commencing intrusive activities at the site.

Terracon also contracted with OneVision Utility Services to screen for private utilities.

3.1 Soil Borings

On May 16, 2023, Terracon advanced seven (7) soil borings (SB-1 through SB-7) at the site utilizing a hand auger and direct push drilling techniques to evaluate subsurface conditions associated with the former rail-road spur operations. At the time of the sampling the rails-spur was abandoned but the tracks, ballast, and rail road ties were still present and had not been disturbed. Refer to Exhibit

3 Boring Location Diagram in Appendix A for a depiction of the sampling locations.

Soil samples were collected continuously to terminal depth and were field-screened with a photoionization detector (PID) for volatile organic vapors (VOVs). This device provides a direct reading in parts per million (ppm) isobutylene equivalents. Upon removal of the sampler from the borehole, Terracon put a portion of each sample in a sealable plastic bag. After a stabilization period, Terracon screened the headspace above the soil using the PID equipped with a 10.2 electron-volt (eV) ultraviolet lamp source. Terracon calibrated the PID in accordance with the

Responsive ■ Resourceful ■ Reliable 3 manufacturer's recommendations before the field activities. Terracon selected one soil sample from each soil borings for laboratory analysis. The soil samples collected for laboratory analysis were collected at depths of 0 o 2 feet below ground surface. The soil samples were submitted to the laboratory for analysis per the laboratory analytical program discussed below.

3.2 Laboratory Analytical Program

Samples collected during the investigation were submitted to Analytical Environmental Services, Inc.

(AES) in Atlanta, Georgia for analysis. The samples were analyzed on a standard turnaround reporting schedule. Samples were analyzed per the laboratory analytical program below.

Laboratory Analytical Program

Analysis Sample Type No. of Samples Method

VOCs Soil 7 EPA…