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PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into as of the 14 day of June, 2001 (the Effective Date), by and between CITY OF CLEARWATER, FLORIDA, a municipal corporation, (Client), and URS CORPORATION SOUTHERN (Consultant). WIT N E SSE T H: WHEREAS, Client owns property located at 901-927 Cleveland Street, Clearwater, Florida (the "Site"), in Pinellas County, including a former automotive repair and paint shop, former automotive sales offices and showrooms, former automotive service centers, car wash and body repair areas and former gasoline service station that Client is in the process of selling; WHEREAS, the Site has been cleared of structures and hydraulic lifts have been removed; WHEREAS, during the removal of the hydraulic lifts, petroleum contaminated soils with concentrations that are above the residential soil cleanup target levels per Chapter 62-777 Florida Administrative Code (F AC) were encountered at two former lift areas known as HL-l (outside and south of the former auto center) and HL-5 (inside of the east end of the former Honka Automotive facility); WHEREAS, on September 14, 2000, URS/Dames & Moore performed a limited soil excavation activity to remove approximately 300 cubic yards of contaminated soils in the areas of HL-l and HL-5; WHEREAS, confirmation soil samples collected from excavation sidewalls indicated that concentrations of benzo (a) pyrene and dibenzo (a,h) anthracene (primary constituents of concern) at both areas HL-l and HL-5 exceeded residential direct exposure cleanup criteria; 1 R: \ waste\proposal\200 1 \coc\propbsoilrappsa/doc 11 WHEREAS, the results of supplemental soil delineation performed from October 2000 to February 2001 by URS/Dames & Moore adequately delineated the extent of petroleum soil contamination (constituents of concern) that exceeds residential direct exposure at areas HL-l and HL-5; WHEREAS, in April 2001, URS/Dames & Moore prepared a Site Assessment and Remedial Action Plan (SA/RAP) that specifies soil remediation activities, which has been submitted to the Florida Department of Environmental Protection (FDEP) for review and approval; WHEREAS, on May 31, 2001, URS completed the collection of additional soil samples at the former oil/water separator (OWS) area, which was located south of the former car wash facility east of the former Honka Automotive building. The results of the soil samples collected indicated benzo(a)pyrene and arsenic was present at concentrations that exceeded the residential criteria; WHEREAS, on June 11, 2001, URS completed the collection of soil samples at 36 locations to evaluate the extent of soil contamination in the OWS area; WHEREAS, the analytical results of soil samples collected on June 11, 2001 in the OWS area are pending, the extent of soil contamination has not been fully defined and the volume of soils to be removed from this area is only an estimate. WHEREAS, Client desires to contract with qualified experts, licensed in the State of Florida, to provide services associated with (1) the proper excavation, removal and disposal of approximately 70 cubic yards (105 tons) of petroleum impacted soils from area HL-5; (2) the proper excavation, removal and disposal of approximately 2,330 cubic yards (3,495 tons) of petroleum impacted soils from area HL-l; (3) the proper excavation, removal and disposal of 2 R: \ waste\proposal\200 1 \coc\propbsoilrappsa/doc ~ approximately 900 cubic yards (1,350 tons) of petroleum impacted soils from the OWS area; (4) the collection and analysis of 11 confirmation soil s'amples and three confirmation groundwater samples; (4) backfilling and compacting excavated areas with clean soil; (5) preparation of a Remediation Status Report associated with such activities and (6) attending up to three meetings on behalf of Client. WHEREAS, Consultant represents that it possesses the knowledge, ability, professional skills and qualifications to perform the services needed by Client and covenants to carry out the terms of this Agreement in an expeditious, economical, and professional manner; NOW, THEREFORE, Client and the Consultant agree as follows: 3 R: \ waste\proposal \200 1 \coc\propbsoilrappsa/ doc ~ ARTICLE I - TERM OF AGREEMENT This Agreement shall remain in effect for one (1) year from the Effective Date. At the end of the year period the Agreement may be extended for a period of time upon mutual agreement of the parties. ARTICLE II - SCOPE OF WORK 1. Consultant represents that it has examined the Site, and/or has conferred with the Site representative listed in Article XIX hereunder before signing this Agreement and is aware of: (i) the readily apparent conditions under which the Work (as defined hereunder) will be performed, including but not limited to, above-ground obstructions and the character and nature of the Work; and (ii) Applicable Law, as defined in Article XIII (3) hereunder, affecting the Work. 2. Consultant shall perform the following tasks as set forth in detail in Consultant's letter proposal to Miles Ballogg, dated May 14, 2001, and as attached hereto as Exhibit A and incorporated by reference ("Work"), in strict compliance with Applicable Law. As part of the Work, Consultant shall undertake the following: Task I: Soil Excavation, Transportation and Disposal (A): Excavate soil in areas HL-1 and HL-5. The limits of excavation at both areas HL-l and HL-5 will conform to those specified in the SA/RAP. Figures depicting the limits of excavation at both areas HL-l and HL-5 are attached hereto as Exhibit B. The area of excavation in the OWS area is only an estimate. The extent of petroleum impacted soils in the OWS have not been delineated. The maximum depth of the 4 R: \ waste\proposal\200 1 \coc\propbsoilrappsa/doc rA excavation at both areas will be approximately four feet below existing land surface. At certain locations at area HL-l, as specified in the SA/RAP, the depth of excavation will be two feet below existing land surface. These locations are depicted in Exhibit B. Excavation activities at area HL-l will be performed in two phases. During the initial phase, soil will be removed from areas that are within the confines of the property boundary. Approximately 2,610 cubic yards of soil will be removed during this initial phase. The second phase will be conducted after Client has closed Park Street and has removed or re-routed all underground and aboveground utilities located along Park Street. Approximately 690 cubic yards of soil is estimated for removal during the second phase of excavation. Consultant, and Consultant's properly licensed contractor, will arrange to properly dispose of the excavated petroleum contaminated soils at a thermal treatment facility. Consultant shall provide written verification of disposal fate. (B): Consultant shall collect two confirmation soil samples from the bottom of the excavation at area HL-5 and six confirmation soil samples from the bottom of the excavation at area HL-l. Consultant shall collect two confirmation samples from the bottom of the OWS excavation area. The soil samples will be analyzed for constituents listed in Exhibit A. (C): Consultant shall install one monitor well at each area in order to collect groundwater samples. Groundwater samples will be analyzed for constituents listed in Exhibit A. (D): Provide up to 4,290 cubic yards of clean fill for backfilling the excavated areas. 5 R: \ waste\proposal\200 1 \coc\propbsoilrappsa/doc v:> 3. Consultant shall consult with Client's attorney prior to preparing any written report for Task 1 and shall submit a draft report to Client's attorney for comment and review. The Consultant shall be responsible for the adequacy, accuracy and sufficiency of any design drawings, surveys or specifications which they have or will develop. At the completion of the Scope of Work, Consultant shall generate a Remediation Status Report. The report shall be signed and sealed by a professional engineer or professional geologist and shall be certified to Client. Consultant shall also provide Client with the appropriate original notices or certificates of disposal ("Certificates") from the appropriate disposal facility(ies) for all impacted soils removed from the site. 4. Consultant acknowledges that time is of the essence in performing all the work under this Agreement and therefore shall complete this investigation as quickly as reasonably possible. ARTICLE III - INDEPENDENT CONSULTANT Notwithstanding that the Consultant shall carry out the work covered by this Agreement under the supervision of Client's attorneys, Consultant is an independent professional contractor, shall perform this Agreement as such, and therefore shall have and maintain complete control over all of its employees, agents, and operations. Neither Consultant nor anyone employed by it shall represent, act, purport to act, or be deemed to be the agent, representative, employee, or servant of Client. ARTICLE IV - COMPENSATION 6 R: \ waste\proposal\200 1 \coc\propbsoilrappsa/doc j)f) 1. Fees payable to Consultant for the professional services described in Exhibit A and Article II shall be equal to the number of hours actually expended directly on the project by individuals multiplied by the hourly rate for those individuals, plus reimbursable expenses, as defined below. The hourly rates in effect with Consultant are as follows and will be used in completion of the work described in Exhibit A. Associate, Grade 15 - $118/hour Senior Geologist/Engineer, Grade 14 - $94/hour Project Geologist/Engineer, Grade 12 - $68/hour Staff Geologist/Engineer, Grade 10 - $55/hour Clerical/Support Staff, Grade 6/7 - $47/hour CADD/Drafting, Grade 8 - $60/hour Vehicle - $50/day OV A/FID - $50/day Sampling Kit - $50/sampling event The rates include all direct and indirect costs except reimbursable expenses as defined below. Indirect costs include such items as overhead, profit, and such statutory and customary fringe benefits as social security contributions, sick leave, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses, annual leave, and holiday pay. 2. Reimbursable expenses shall mean the actual expenses of Consultant in the administration of this Agreement, including consultants' fees, subcontractors' fees, toll telephone calls and telegrams, reproduction of reports, laboratory use fees, and similar 7 R: \ waste\proposal\200 1 \coc\propbsoilrappsa/doc ~ project-related items, plus an administrative surcharge of five (5%) percent. All other project expenses shall be billed in accordance with Consultant's fee schedules for equipment costs, field chemical analyses, and decontamination supplies, as set forth in Section 5 of Exhibit A. 3. The maximum costs for fees and reimbursable expenses described in this subsection for the work described in Article II(2)-(3) and Exhibit A is two hundred sixty nine thousand, six hundred thirty five and no cents $269,635.00 ("Base Bid"). (i) The Base Bid tasks include all of the following items: excavation, staging (if required), loading, transportation, testing and proper disposal of soils removed from areas HL-l, HL-5 and OWS on the Site, and all notifications and/or permits necessary to comply with Applicable Laws. Consultant shall transport and properly dispose of any soils removed from areas HL-l, HL-5 and OWS in accordance with all Applicable Laws. Consultant shall provide Client with copies of all applicable permits and licenses held by the disposal site and a copy of the appropriate disposal site's insurance certificate issued to Consultant, naming Consultant as an additional insured. The laboratory Consultant's subcontracts with to perform serVIces related to this Agreement shall be appropriately certified pursuant to Applicable Laws. Consultant shall ensure that all chemical analysis undertaken pursuant to and in accordance with this Agreement shall be conducted in accordance with Applicable Laws, rules, guidelines and specifications relating to quality assurance and quality control. The costs to excavate, transport and properly dispose any excessively contaminated soil offsite will be in accordance with the units rates provided in the Bid Schedule of Exhibit A. An estimate of the amount of clean fill is provided under this Agreement to replace any 8 R: \ waste\proposal\200 1 \coc\propbsoilrappsa/doc ~ excessively contaminated soils associated with either area HL-l or HL-5 or the OWS area which is removed from the Site. (ii) Notice of any expected cost overruns in excess of the applicable maximum cost stated above shall be given to Client before the costs are incurred and must be necessary to accomplish the services required by this Agreement. Any cost overruns shall also be presented to Client in change order form with justification stated for the necessity of exceeding the applicable maximum cost set forth above. In no event shall the maximum cost be exceeded without prior authorization from Client by written approval of the appropriate change order. Any fees, reimbursable expenses or other costs Consultant incurs in excess of said maximum costs and without written approval of the appropriate change order by Client shall be entirely at Consultant I s obligation and expense and the Client shall not be liable for same. 4. Delays not caused by Consultant but resulting from unforeseen occurrences may constitute a Change-of-Scope. "Unforeseen occurrences" include but are not limited to unfavorable weather conditions, strikes, floods, or fires which extend the effort required. Additional effort resulting from such delays will be billed in accordance with Article IV (and invoiced in accordance with Article V), upon prior notice to, and written approval by Client, in accordance with the procedures and requirements of Article IV, Paragraph 5. 5. Services performed at Client's request beyond those defined in Exhibit A shall constitute a Change-of-Scope, will be documented by a change order, and will be billed as outlined above. Upon approval of the change order, such additional work shall be carried out in accordance with all of the terms and conditions set forth in this Agreement. 9 R: \ waste\proposal\200 1 \coc\propbsoilrappsa/ doci ~ ARTICLE V - INVOICING AND METHOD OF PAYMENT Upon completing the final report, Consultant shall invoice Client for all serVIces rendered under this Agreement. The original invoice for Client and one (1) copy of it shall be submitted to Client, attention of Mr. Miles Ballogg, City of Clearwater, 112 South Osceola Avenue, Clearwater, Florida 33758 with a copy submitted to the attention of Timothy A. Smith, Esquire, Akerman, Senterfitt & Eidson, P.A., 255 South Orange Avenue, 17th Floor, Orlando, Florida 32801. The invoice shall be due and payable according to the Prompt Payment Act, Part VII, Ch, 211, Fla. Stat. Client shall notify Consultant in writing of any amount disputed by Client within thirty (30) calendar days after receipt of invoice; otherwise, it shall be deemed that Client considers all invoice charges acceptable and correct. Consultant's invoice shall provide the following information: 1. Description of services and expenses rendered in a format identifying specific program tasks and expenses and identifying accomplishment of specific Work tasks. 2. Total labor costs as defined in Article IV. 3. A listing of other reimbursable expenses as defined in Article IV, itemized by type of charge. 4. A statement comparing the total fees and expenses billed up to and including the date of the invoice to the maximum costs authorized by Article IV. 5. Copies of all subcontractor invoices and any other supporting documentation. Client shall have the right, at Client's own expense, to audit Consultant's books and records relating to this Agreement during the performance period and for one (1) year lOR: \ waste\proposal\200 I \coc\propbsoilrappsa/doc IY.) following termination of the Agreement. Any such audits may be carried out at reasonable intervals and shall be accomplished during normal business hours. Consultant shall not charge Client any additional fee for providing Client with access to such records during said audit. ARTICLE VI -TIME FOR COMPLETION Consultant shall commence the Work within two weeks of receipt of written authorization to proceed ("Commencement Date"), and shall complete each Task in accordance with that certain schedule, set forth in a separate written authorization to proceed with the Work under this Agreement, which written authorization shall be attached to and incorporated into Exhibit A. Any Change-of-Scope as defined in Article IV may extend the time for completion as may be agreed to by Client and Consultant in the change order. Consultant further acknowledges that time is of the essence in the performance of this Work. Because time is of the essence, except for delays resulting from unforeseen circumstances beyond the control of Consultant, for each day that Consultant exceeds the deadlines set forth herein, the total project cost for this Work shall be reduced by the sum of $250.00. 2. Four weeks after completion of the soil removal, receipt of acceptable confirmation soil and groundwater analytical results and receipt of disposal certificates, Consultant shall deliver two (2) copies each of its draft Remediation Status Report, one to Ms. Karma Killian, City of Clearwater, 100 South Myrtle Avenue, Suite 220, Clearwater, Florida 33756-5520, and one to Timothy A. Smith, Esquire, Akerman, Senterfitt & Eidson, P.A., 255 South Orange A venue, 17th Floor, Orlando, Florida 32801. Four (4) signed and sealed originals of the Remediation Status Report shall be delivered to Client, to the attention of Client's counsel, Timothy A. Smith, Esquire, within three (3) days from Consultant's receipt 11 R: \waste\proposal\200 1 \coc\propbsoilrappsa/doc (iJ of Client's comments to the draft report. Any change-of-scope as defined in Article IV may extend the time for completion as may be agreed to by Client and Consultant in the change order. 3. Consultant acknowledges that Client is in the process of selling the Site. Consultant shall coordinate its work under this Agreement with Client's representative so as to avoid or minimize any interference with the sale process, by providing advanced notice of Consultant's activities before entering upon the Site to implement any phase of the work under this Agreement, and by scheduling and conducting the work appropriately. ARTICLE VII - CONFIDENTIAL INFORMATION 1. It is understood that all services to be performed by Consultant pursuant to this Agreement and all written and oral surveys, data, reports, recommendations, or other documents or information generated by Consultant or received from Client in performance of this Agreement are confidential and Consultant shall prevent disclosure of such materials except to the Client and parties designated by Client to receive such information. Consultant shall not use any information (so required to be treated as confidential) for any purpose except in furtherance of Consultant's obligations under this Agreement. Should Consultant be requested to disclose such materials by any person, whether by court process or otherwise, it shall promptly notify Client. 2. Should the Consultant receive any trade or business secrets of Client, it shall treat such information as confidential and shall not disclose same to any person. Should 12 R:\waste\proposal\2001 \coc\propbsoilrappsa/doc ~ Consultant be requested to disclose any such trade or business secrets by any person, whether by court process or otherwise, it shall promptly notify Client. 3. Should Client receive any trade or business secrets of Consultant or techniques and procedures. of Consultant which Consultant designates as confidential, it shall treat such materials as confidential and shall prevent their disclosure. Should Client be requested to disclose such material by any person, whether by court process or otherwise, it shall promptly notify Consultant who shall be responsible for protecting the confidentiality of such materials in the manner that Consultant deems appropriate. 4. Consultant shall not name or otherwise identify or refer to Client as a representative client for any purposes without first obtaining the written consent of Client. 5. Title to all notes, memoranda, plans, drawings, specifications, designs, sketches, models, programs, software, reports, and other tangible documents produced by Consultant pursuant to this Agreement shall be and remain the sole and exclusive property of Client. Consultant may retain copies of the above work product. 6. The terms and conditions of this Article shall survive the termination of this Agreement. 7. Except to the extent determined as public record, pursuant to ~119.02, Fla. Stat., the above shall remain confidential. ARTICLE VIII - LIENS Consultant shall promptly discharge its obligations to its laborers, materialmen, subcontractors, and creditors and shall ensure that its subcontractors do likewise. In the event that any subcontractor, materialman, or creditor of Consultant shall file a lien for payment of 13 R: \ waste\proposal\200 1 \coc\propbsoilrappsa/doc t.:' services or material related to this Agreement, Client shall notify Consultant and Consultant shall indemnify Client from and against any liability, claim, demand, damage, cost, and expense, including attorneys' fees and litigation costs, provided the lien arises from services or materials supplied pursuant to the performance of the Work under this Agreement by Consultant or any of its subcontractors. The provisions of this Article shall survive any termination or expiration of this Agreement, notwithstanding payment or settlement between parties unless any such settlement is in writing and such writing explicitly refers to this Article. Consultant shall certify payment of all subcontractors by execution of the Final Affidavit attached as Exhibit C. ARTICLE IX - CLEAN UP At the completion of the Work, Consultant shall clear the Site and surrounding premises of all debris, rubbish and any wastes associated with the work caused by Consultant's operations hereunder, including without limitation, any solid or liquid and other investigative derived wastes that are generated or otherwise associated with the installation of any groundwater wells or soil borings required under this Agreement or by Applicable Law. Consultant shall be responsible for the proper treatment storage and disposal of such debris, rubbish or wastes. ARTICLE X - TERMINATION 1. Client reserves the right to terminate this Agreement at any time, for any reason, upon ten (10) days' written notice to Consultant. If Client fails to make timely payment of any sum owed to Consultant, Consultant shall have the right, notwithstanding any 14 R:\waste\proposal\2001 \coc\propbsoilrappsa/doc ~ other provision of this Agreement, to terminate this Agreement upon thirty (30) days' written notice to Client. In either event, payment shall be due to Consultant only for those services performed by Consultant up to the date of receipt of written notice of termination. Upon termination, Consultant shall, upon payment by Client of any sum owing and due, provide and turn over to Client all environmental data, analyses, drawings and reports prepared up to and including the date of such termination. 2. Each of the following events shall constitute a default by Consultant for purposes of this section: (a) commencement of proceedings by or against Consultant under any law relating to bankruptcy or insolvency; (b) refusal or failure of Consultant to comply with Applicable Law, or orders of any public authority having jurisdiction over Consultant which affects performance of the Work under this Agreement or Consultant's licensure; and (c) failure by Consultant to reasonably comply with any of the terms or conditions of this Agreement. Within a reasonable time after Client has knowledge of the affective cause for termination, Client shall notify Consultant in writing of said cause and Consultant shall have up to seven (7) days thereafter within which to cure such default, providing Consultant is able to cure the default and complete the Work within the time prescribed. In the event Consultant refuses or is unable to cure said default within said time period, Client shall have the right to terminate this Agreement forthwith. Consultant shall promptly assign to Client or a designee of Client such contracts and purchase orders as Client shall request to be assigned in connection with the Work. Upon any termination hereunder, Consultant shall be entitled to payment for the Work performed prior to termination as provided below. Upon completion of the Work or at such time as Client elects not to complete the Work, Client shall pay to Consultant the amount by which sums due to Consultant at the time of termination for Work 15 R:\ waste\proposal\200 1 \coc\propbsoilrappsa/doc ~ theretofore performed exceeds the loss and damage of Client directly attributable to the default. In the event that the loss and damage to Client directly attributable to the default exceeds the amount due to Consultant provided for herein, Consultant shall be liable to Client in the amount of such excess and shall promptly pay such amount according to Article V, provided such costs to complete the Work are satisfactory to the Client. ARTICLE XI - INS URANCE Consultant shall, at its sole cost and expense, at all times during this Agreement, maintain such insurance as will protect it from claims under workers' compensation laws, disability benefit laws or other similar employee benefit laws; from claims for damage because of bodily injury, occupational sickness or disease, or death of its employees, and claims insured by usual personal injury liability coverage; from claims for damages because of bodily injury, sickness or disease, or death of any person other than its employees including claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of property, including loss of use resulting therefrom -- any or all of which may arise out of or result from any action of Consultant, its employees or its subcontractors in its performance of this Agreement. Throughout the term of this Agreement, Consultant shall maintain liability insurance coverage for property damage, bodily injury, contractual liability, and personal injury in an amount of at least $1,000,000.00 combined single limit and professional liability insurance coverage in an amount of at least $1,000,000.00 per loss. All such insurance required hereunder shall be with companies and on forms acceptable to the Client, which identify Client as additional named insured and shall provide that the coverage thereunder may not be reduced or canceled unless thirty (30) days prior written 16 R: \ waste\proposal\2001 \coc\propbsoilrappsa/doc (cl(l notice is furnished to Client. Consultant shall furnish Client with Certificates of Insurance at the time of execution of this Agreement by Consultant. Client's failure to receive the Certificates of Insurance prior to performance of work by Consultant shall not be deemed a waiver of Consultant's obligations to procure and maintain the insurance specified herein. Receipt and acceptance of the Certificates of Insurance or other similar document does not constitute acceptance or approval of amounts or types of insurance which may be less than required by this article. ARTICLE XII - TAXES Unless otherwise noted herein, all prices and rates include all applicable taxes. Consultant shall pay, when due, all local, state, and federal taxes applicable to the performance of the work under this Agreement. ARTICLE XIII - REPRESENTATIONS, WARRANTY AND LIABILITY 1. Consultant warrants that its services under this Agreement shall be performed in a thorough, efficient, and workmanlike manner, promptly and with due diligence and care, and in accordance with that standard of care and skill ordinarily exercised by members of the profession doing similar work. 2. Consultant represents that it has received, reviewed and is otherwise familiar with the Assessment Reports associated with the Site. 3. Consultant represents and warrants that all serVIces performed under this Agreement shall be in full compliance with all applicable federal, state and local statutes, laws, rules, regulations, codes, orders, plans, injunctions, decrees, rulings or ordinances, or judicial 17 R:\waste\proposal\200l \coc\propbsoilrappsa/doc .,00 or administrative interpretations thereof, whether currently in existence or hereafter amended, enacted or promulgated, including without limitation, the Occupational Safety and Health Act ("OSHA"), 40 Code of Federal Regulations Part 280, Subpart G, Chapter 62-761, F.A.C. and Florida Department of Environmental Protection ("FDEP") guidance "Pollutant Storage Tank Closure Assessment Requirements." (collectively, the "Applicable Law"). 4. Consultant shall have an approved Comprehensive Quality Assurance Plan ("ComQAP") on file with the Department which shall apply to all sampling and analysis undertaken pursuant to and in accordance with this Agreement. The ComQAP shall have been prepared in accordance with the requirements set forth in Chapter 62-160, F.A.C., as amended from time to time. All Work shall be done in accordance with the FDEP-approved ComQAP. 5. Any laboratories Consultant subcontracts with to perform services related to this Agreement shall be appropriately certified under Applicable Law. Consultant shall ensure that all chemical analyses undertaken pursuant to and in accordance with this Agreement shall be conducted consistent with all applicable rules, regulations, guidelines and specifications relating to quality assurance and quality control. If re-sampling is required because of invalid data, Consultant shall perform or arrange for re-sampling at no cost to Client. Client may require re-analysis of all parameters for the sample(s) of concern. 6. Consultant agrees to indemnify, save harmless and defend Client, its officers, directors, shareholders, partners, employees, agents and assigns from and against any and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereto (including costs of defense, settlement and reasonable attorneys' fees), which Client, or its officers, directors, shareholders, partners, employees, agents and assigns may hereafter incur, become responsible for or payout as a result of death or bodily injuries to any person, 18 R;\waste\proposal\2001 \coc\propbsoilrappsa/doc J83 destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of Applicable Law, caused by (i) Consultant's breach of any term or provision of this Agreement; or, (ii) any negligent or willful act or omission of Consultant, any subcontractor, and their respective officers, directors, employees or agents in the performance of this Agreement. The terms and provisions of this indemnification paragraph shall survive the termination of this Agreement. 7. Consultant further represents and warrants that Consultant and its agents, employees, contractors and subcontractors are authorized, licensed and permitted under Applicable Law to perform Consultant's obligations under this Agreement, including without limitation, the labeling, manifesting, handling, transporting, treating and disposing of all excessively impacted soils removed from the Site, and, in the event Consultant, contractor, subcontractor or any of them loses its license or permitted status or is otherwise in violation of any Applicable Law, hereafter during the term of this Agreement, Consultant shall promptly notify Client in writing. Consultant shall timely file all required notices with all appropriate government regulatory agencies and shall obtain all permits, licenses and/or approvals required by Applicable Law to complete said Work. 8. Consultant shall require any subcontractor performing Work at the Site to carry, and to name, Client as an additional insured on insurance policies having the same coverage and limitations as those described in Article XI of this Agreement and to indemnify the Client to the same extent as set forth by Section XIII (6) of this Agreement, provided however, that such indemnity shall be limited to those Claims arising from or associated with that portion of the Work covered by the applicable subcontract. 19 R; \waste\proposal\200 1 \coc\propbsoilrappsa/doc <<J 9. Consultant shall be fully responsible to the Client for the acts of all subcontractors and of persons directly or indirectly employed by the subcontractors to the same extent as for any negligent or willful act or omission of Consultant, its employees, agents, contractors or subcontractors or their respective officers, directors, employees or agents, in the performance of this Agreement. 10. Consultant represents that it has, or will secure at its own expense, all personnel required in its performance of the services described in this Agreement. Consultant shall be responsible for supervision and direction of the performance of services by Consultant's employees and the services of any approved subcontractor. Client reserves the right to review the qualifications of any individuals assigned by Consultant to carry out the Work and the right to reject those which are not in the Client's reasonable opinion qualified. This in no way relieves Consultant of the obligation to select and assign qualified personnel to provide these services or of the liability incurred therefrom. ARTICLE XIV -PERMITS 1. Consultant warrants that it has, or will secure by the time the Work commences, all notices, permits or approvals which are required for the Work to be performed hereunder, and shall timely file all required notices with the appropriate governmental regulatory agencies/departments. Consultant shall furnish to Client, upon request, copies of all such notices, permits and approvals. Consultant shall give Client oral notice, followed with written notice, of the modification, revocation, or cancellation of, or decision not to renew, any permit or approval necessary for the work to be performed. Client shall be responsible for providing to Consultant all required construction drawings, designs or plans 20 R: \ waste\proposal\200 1 \coc\propbsoilrappsa/doc (JtJ required for permitting the Work. Client shall also be responsible for filing the appropriate notices of commencement required under Chapter 713, Florida Statutes. 2. Except as otherwise provided herein, if any change occurs with respect to any Applicable Laws associated with the rights or obligations contained in this Agreement, either party shall have the option to immediately terminate this Agreement if the change affects a material provision of this Agreement or to have the terms of this Agreement renegotiated to bring this Agreement and the respective obligations or rights of the parties into compliance with such change or changes. ARTICLE XV -PROHIBITION OF TRANSFER Consultant shall not sell or transfer any excessively impacted soils or Disposal Material covered under this Agreement, except as provided for herein. ARTICLE XVI -HEALTH AND SAFETY PLAN Consultant shall prepare a Health and Safety Plan in accordance with the requirements of Applicable Law, which shall be submitted to Client before commencement of the Work. The attached Exhibit D is a list of issues to be addressed in the Health and Safety Plan ("Plan"), as applicable, which Plan shall be delivered to Client not less than ten (10) business days prior to the commencement of the Work. The list is merely advisory and is not intended to provide a complete statement of safety-related issues. Consultant shall comply with, and instruct and cause its employees, subcontractors, and their respective employees, to comply with any and all safety equipment requirements needed in order to safely perform the Work. Consultant shall immediately report to Client the occurrence and cause of any death, disease, 21 R: \ waste\proposal\200 1 \coc\propbsoilrappsa/doc (.Jf7 or injury at the Site believed to be related to the Work. Consultant shall arrange for first aid treatment for job-incurred injuries in accordance with the requirements of its worker's Plan or this section and the action to be taken. Consultant shall (immediately, if so directed, otherwise in not more than forty-eight (48) hours after receipt of such notice) make all reasonable efforts to correct the existing conditions which were associated with or contributed any of the aforementioned death, disease, or injury at the Site believed to be related to the Work. If Consultant fails to do so, Client may stop all or any part of the Work hereunder. When satisfactory corrective action is taken by Consultant, a start order will be issued by Client. No part of the time lost due to any such Work stoppage shall be made the subject for claim for extension of time or for additional costs or damages by Consultant. ARTICLE XVII -INSPECTIONS Client or its representatives shall have the right to inspect and obtain copies of all written licenses, permits, or approvals issued by any governmental entity or agency to Consultant, or its contractors or subcontractors, which are applicable to the performance of the Work under this Agreement; to inspect and test, at its own expense, transportation vehicles or vessels, containers, or disposal facilities provided by Consultant; and to inspect the handling, loading, transportation, storage or disposal operations conducted by Consultant in the performance of this Agreement. Notwithstanding the foregoing, nothing contained herein or elsewhere in this Agreement shall require Consultant to disclose to Client or permit Client to examine proprietary or confidential information of Consultant. ARTICLE XVIII - CONFLICT OF INTEREST 22 R:\ waste\proposal\2001 \coc\propbsoilrappsa/doc lh Consultant shall accept no employment for its services that would conflict with its representations of Client pursuant to the terms of this Agreement. ARTICLE XIX - NOTICE Any Notice to be given under this Agreement shall be in writing and delivered to address of the respective party listed below: To Client: Miles Ballogg CITY OF CLEARWATER 112 South Osceola Avenue Clearwater, Florida 33756 Tel: (727) 562-4023 Fax: (727) 562-4075 with a copy to: Timothy A. Smith, Esquire AKERMAN SENTERFITT & EIDSON, P.A. P.O. BOX 231 Orlando, Florida 32802-0231 Tel. (407) 843-7860 Fax (407) 843-6610 To Consultant: Mr. Edwin W. Siersema, Ir., P.G. URS CORPORATION SOUTHERN 7650 West Courtney Campbell Causeway Tampa Florida 33607 Tel. (813) 286-1711 Fax (813) 636-2499 ARTICLE XX - AGENCY CONTACTS Consultant shall not contact, negotiate or otherwise confer with the United States Environmental Protection Agency, State of Florida Department of Environmental Protection, or local environmental agency personnel regarding its services to be performed pursuant to this 23 R: \ waste\proposal\200 1 \coc\propbsoilrappsa/doc ,~ Agreement without first providing advance notice to Client and receiving approval from Client for such activity. ARTICLE XXI - DISPUTES In connection with any legal proceeding brought to enforce the terms and conditions of this Agreement, each party shall be responsible for its own costs, expenses and reasonable attorneys' and paralegals' fees incurred. ARTICLE XXII - GOVERNING LAW All parties agree that this Agreement and the contents thereof are to be interpreted and enforced pursuant to the laws of the State of Florida. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision hereof shall be instituted and maintained only in the courts of the County of Pinellas, State of Florida, and Consultant hereby consents to the jurisdiction of said courts. ARTICLE XXIII - ENTIRE AGREEMENT This Agreement supersedes any and all oral or written agreements and understandings heretofore made relating to the subject matter hereof and contains the entire agreement of the parties relating to the subject matter hereof. Consultant acknowledges and agrees that the terms and conditions of the Agreement, including without limitation, any warranty and/or indemnity provisions, shall in no way be modified, amended or replaced by any conflicting, limiting or contradictory provisions enunciated in any preprinted terms or condition, proposal, 24 R: \ waste\proposal\200 1 \coc\propbsoilrappsa/doc ~ report, purchase order, work order, invoice or other document generated by the Consultant for the Client associated with the Site. Client's failure to object to such conflicting, limiting and/or contradictory language shall not be deemed a waiver of Consultant's obligations under the express terms and conditions set forth in this Agreement. Receipt and acceptance of any preprinted terms or condition, proposal, report, purchase order, work order, invoice or other documentation associated with the Agreement, including without limitation, any warranty and/or indemnity provisions, shall not constitute acceptance or approval of any terms or conditions which may conflict, limit or contradict the express terms and conditions of this Agreement, even if such documents are signed by representatives of both parties. [REST OF PAGE LEFT INTENTIONALLY BLANK] 25 R: \ waste\proposal\200 1 \coc\propbsoilrappsa/doc ,~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on their behalf by their respective representatives, each such representative having been first duly authorized so to act, as of the Effective Date hereinabove written. URS CORPORATION SOUTHERN By: c:fe- rN-~ ~ ~ ~ Name: Thomas H. Turton, P.E. Title: Vice President CITY OF CLEARWATER, FLORIDA ::~nrerSig/Jr ~ NAME: Brian J. A:;e!t~ TITLE: Mayor-Co issioner BY ~d. ~...- -;;J. tf4..-. J:f: NAME: William B. Horne, II TITLE: Interim City Manager Approved as to form: Attest: BY: n NAME: ~aIassas fMI)~L...fr f<. AI<l JV TITLE: Assistant-City Attorney BY: NAME: TITLE: nthiaE. Goudeau . y Clerk DATE: 1/;zJ 0 I / I 26 R; \ waste\proposal\200 1 \coc\propbsoilrappsa/doc ,4(J Exhibit A Consultant's Scope of Work Please see attached. OR277811;1 URS June 14,2001 EXHIBIT A Mr. Miles Ballogg City of Clearwater Economic Development Team 112 South Osceola Avenue Clearwater, Florida 33758-4748 Re: Proposal- Soil Remediation Property B - 901-927 Cleveland Street Clearwater, Florida Dear Mr. Ballogg: 1.0 INTRODUCTION URS is pleased to submit this proposal to the City of Clearwater which presents the scope of work for environmental services to be performed at the above-referenced property. Specifically, this proposal includes the tasks, schedule and estimated fee for soil remediation. This proposal is submitted in response to your recent request and the analytical results of soil samples collected in hydraulic lift areas HL-l and HL-5 and the former oil/water separator (OWS) at the former car wash area. 2.0 BACKGROUND In June 2000, twelve hydraulic lifts were removed from the subject property prior to site demolition. One hydraulic lift (HL-l) was located south of the auto repair facility. Five hydraulic lifts (HL-2 through HL-6) were located in the Honka Automotive area and six hydraulic lifts (HL-7 through HL-12) were located in the Caseber furniture warehouse area. Visibly contaminated soil was observed in the area surrounding hydraulic lift HL-l. A minor amount of visibly impacted soil was observed in the area surrounding hydraulic lift HL-5. Visibly impacted soil was not observed at the remaining hydraulic lift areas. On September 14, 2000, approximately 300 cubic yards of soil was removed from the hydraulic lift areas HL-1 and HL-5. Post-excavation confirmation soil sampling indicated that a soil sample collected at hydraulic lift HL-1 contained concentrations of total recoverable petroleum hydrocarbons (TRPH), benzo (a) pyrene, 1-methylnaphthalene, 2-methylnaphthalene and naphthalene at concentrations that exceeded residential direct exposure or leachability soil cleanup target levels as established in Chapter 62-777, Florida Administrative Code (F AC). Confirmation soil samples collected at hydraulic lift HL-5 contained benzo (a) pyrene at concentrations that slightly exceeded the residential direct exposure soil cleanup target level of 0.1 milligrams per kilogram (mg/kg). URS Corporation 7650 West Courtney Campbell Causeway Tampa, FL 33607-1462 Tel: 813.286.1711 Fax: 813.287.8591 ,"'0 URS Mr. Miles Ballogg June 14,2001 Page 2 Supplemental soil delineation was performed at the two excavation areas (HL-1 and HL-5) from October 2000 to February 2001. Based on the analytical results obtained during these soil delineation activities, the lateral extent of impacted soil at both areas have been adequately delineated. URS subsequently prepared a combined Site Assessment and Remedial Action Plan (SA/RAP) for Property B dated April 2001. This document included a detailed summary of previous site assessment activities, a summary of interim removal activities and supplemental soil delineation activities. This document also included the proposed remedial action to address impacted soil at excavation areas HL-1 and HL-5. The SAIRAP was prepared in conjunction with a Brownfield Site Rehabilitation Agreement (BSRA) between the City of Clearwater and the Florida Department of Environmental Protection (FDEP). The SA/RAP has been submitted to the FDEP for review and approval. The scope of work and cost estimate, presented in this proposal, are based upon the SA/RAP that was submitted to the FDEP. If the FDEP modifies the scope of work provided in this proposal, an addendum to the cost estimate will be provided to the City of Clearwater. The FDEP has provided initial comments to the SA/RAP. The FDEP required the collection of additional soil samples at the former OWS located south of the former car wash building, which was located in the south central portion of the subject property, east of the former Honka Automotive. URS completed the collection of soil samples in this area on May 31, 2001. Soil samples were collected at four locations (OWS-1 through OWS-4) from the surface to four feet below land surface at two-foot intervals and surveyed in the field using and Organic Vapor Analyzer (OVA). The OVA readings were below background in all samples except for the soil sample collected at OWS-1 at a depth of2 feet to 3.5 feet. This sample had an adjusted OVA (unfiltered reading minus the charcoal filtered reading) value of 2 parts per million (ppm). Based on the OV A response, two soil samples (surface to 2 feet and then 2 feet to 3.5 feet) were collected at the OWS-llocation. The samples were analyzed for volatile organic compounds by EP A Method 8260, semi-volatile organic compounds by EPA Method 8270 and the eight RCRA metals. Benzo(a)pyrene was detected at a concentration of 0.38 milligrams per kilogram (mg/kg) in the 0 foot to 2-foot sample, which is above the Residential criteria of 0.1 mg/kg. Arsenic was detected at a concentration of 5.2 mg/kg in the 2 foot to 3.5-foot sample, which is above the Residential criteria of 0.8 mg/kg. As authorized by the City of Clearwater, URS completed the collection of soil samples at 36 locations (two samples per location) for laboratory analysis to delineate the extent ofbenzo(a)pyrene and arsenic in soils in the OWS area. These soil samples were collected on June 11,2001. The analytical results have not been received as of the date of this proposal. In developing this proposal, URS obtained bids from five qualified contractors. Based on the scope of work, equipment, schedule to complete the work and lowest cost, URS selected WRS Infrastructure & Environment, Inc., (WRS) to provide contractor services. \ \c 1 ntO 1 \emwater\ W ASTE\PROPOSAL\200 1 \COC\dimnittbsoilremovall O.doc (10 URS Mr. Miles Ballogg June 14,2001 Page 3 3.0 WORK ACTIVITIES 3.1 PROJECT MANAGEMENT URS will assemble the appropriate project team to conduct the scope of work outlined herein. This task includes project management, which consists of project planning, preparation and contracting with the selected site contractor and laboratory. In addition, as required by the State of Florida, URS will contact the local agency for underground utility clearance. 3.2 SOIL REMOVAL AND DISPOSAL As specified in the SAlRAP, URS proposes to remove impacted soil surrounding excavation areas HL-1 and HL-5. At excavation area HL-5, soil will be excavated to an average depth of four feet below land surface, which is below the top of the water table. The limits of soil excavation at area HL-5 are shown in Figure 11 of the SAIRAP. URS estimates that approximately 70 cubic yards (105 tons) will be removed from this area. At excavation area HL-l, soil will be removed to an average depth of four feet below land surface within the limits depicted in Figure 10 of the SA/RAP. At select areas, soil will be removed to a depth of two feet below land surface. Analytical data from soil samples collected in these areas indicate that soil below two feet has not been impacted with polynuclear aromatic hydrocarbons. The limits of soil that will be removed to a depth of two feet below land surface are also depicted in Figure 10 of the SA/RAP. URS estimates that approximately 2,330 cubic yards (3,495 tons) of soil will be removed from this area. The quantity of soil to be removed from the OWS area is not known and cannot be evaluated until the soil samples collected on June 11,2001 are received. The City of Clearwater has requested that URS provide an estimate of soils that may require removal. Based upon an assumed area of 100 feet by 60 feet, and an excavation depth of four feet, URS estimates that approximately 900 cubic yards (1,350 tons) of soil may be removed from the OWS area. However, it is understood by the City of Clearwater and URS that this volume may vary and can only be evaluated following the completion of the additional soil assessment. At the HL-1 and HL-5 excavation areas, the limits of soil removal are based on analytical data that indicates that concentrations of polynuclear aromatic hydrocarbons in the soil are non-detectable or below residential direct exposure soil cleanup target levels. The limits of the OWS excavation area are not defined at the time of this proposal. URS anticipates that the limits of soil excavation will be based upon analytical data that indicates concentrations of polynuclear aromatic hydrocarbons and arsenic in soil are non-detectable or below the residential criteria. Prior to excavation activities, soil samples will be collected for pre-burn analysis. Based on the amount of soil that will be removed and in accordance with the requirements of Chapter 62-713, \\c I oW I \emwater\ W ASTE\PROPOSAL\200 I \COC\dimnittbsoilremovall O.doc ~ URS Mr. Miles Ballogg June 14,2001 Page 4 F AC, 11 soil samples will be collected for pre-bum analysis. One soil sample will be collected from excavation area HL- 5. Seven soil samples will be collected from excavation area HL-1. Three soil samples will be collected from the OWS area. Soil samples will be collected within the limits of the areas to be excavated. The soil samples will be forwarded to a certified laboratory and analyzed for volatile organic halocarbons (EP A Method 8260), polychlorinated biphenyls (EP A Method 8082), total organic halogens (EP A Method 9023), TRPH using the FL-PRO method, arsenic, cadmium, chromium, and lead. Approval of this material by a thermal treatment facility will be secured prior to excavating activities. Soil excavation will be performed in two phases. During the initial phase, soil will be removed from excavation area HL-5 and the portions ofHL-l and the OWS areas that are within the confines of the property boundary. URS estimates that approximately 2,610 cubic yards of soil will be removed during this initial phase. The second phase will be conducted after Park Street has been closed and utilities have been re-routed by the City of Clearwater. URS estimates that approximately 690 cubic yards of soil will be removed during the second phase. Soil will be excavated and loaded directly onto trucks that will transport this material to a thermal treatment facility. If it is necessary to stockpile soil, the material will be placed on and completely covered with visqueen on site. Following receipt of confirmation soil sample analytical results (see Section 4.3), the excavated areas will be filled with clean soil in 12-inch lifts above the water table and compacted to 95% of the modified Proctor. Prior to excavation activities, a certified surveyor will survey surface elevations to obtain a base map of the excavation areas of the subject property. After the first phase of excavation, the limits of excavation along Park Street will be surveyed prior to closure of this street and the bottom of the excavation will be measured prior to the placement of backfill material. A final survey will be performed following the excavation in Park Street. 3.3 CONFIRMATION SOIL SAMPLING AND ANALYSIS As discussed in Section 4.2, soil will be removed to the limits where soil samples contained non-detectable to minimal concentrations of polynuclear aromatic hydrocarbons, as marked by the lines in Figures 10 and 11 of the SA/RAP. Since the delineation of soil removal will lie along the lines of samples already showing no detectable contamination, sidewall confirmation soil samples will not be collected. Confirmation soil samples will be collected from the bottom of the excavations that extend to a depth of four feet below land surface. URS proposes to collect two confirmation samples from the bottom of the excavation at area HL-5, as shown in Figure 11 of the SA/RAP. At excavation area HL-1, URS proposes to collect six confirmation soil samples from the bottom of the excavation. Proposed confirmation soil sample locations at excavation area HL-l are lIe 1 ntO 1 lemwaterl W ASTEIPROPOSAL1200 1 ICOCldimnittbsoilremovall O.doe /)0 URS Mr. Miles Ballogg June 14,2001 Page 5 shown in Figure 12 of the SAlRAP. In addition, two confirmation soil samples will be collected in the bottom of the OWS excavation area. Soil samples will be placed in laboratory-supplied containers. The containers will be labeled and immediately placed in an ice-filled cooler. Chain-of-Custody forms will be completed following sample collection. The samples will be forwarded to a certified laboratory and analyzed for polynuclear aromatic hydrocarbons (EP A Method 8270). The confirmation soil samples collected in the OWS area will also be analyzed for arsenic. 3.4 CONFIRMATION GROUNDWATER SAMPLING AND ANALYSIS Although groundwater samples have been collected in the vicinity of excavation areas HL-1, HL-5 and OWS areas, confirmation groundwater samples will be collected from both areas following placement of clean fill. A monitor well will be installed in the vicinity of hydraulic lift HL- 1 and a monitor well will be installed in the vicinity of hydraulic lift HL-5. In addition, a monitor well will be installed in the central are of the OWS excavation area. The proposed location of the monitor well that will be installed at hydraulic lift location HL-5 is shown in Figure 11 of the SAlRAP. The proposed location of the monitor well that will be installed at hydraulic lift location HL-l is shown in Figure 12 of the SA/RAP. These monitor wells will be installed to a depth of approximately 13 feet below land surface using a drill rig equipped with hollow stem augers. The monitor wells will be constructed of two-inch diameter Schedule 40 PVC casing with ten feet ofO.Ol-inch slotted Schedule 40 PVC screen. The annulus of each well will be backfilled with standard silica sand (gradation 20/30) to approximately 1.5 feet above the screen, followed by a one foot fine sand seal (gradation 30/65). Neat cement will be used to fill the remaining well annulus to ground surface. The monitor wells will be provided with concrete pads, flush-mounted manhole covers and sealed with locking caps. The wells will be developed until the discharge is relatively clear and free from fine sand sediments. Development water and soil generated during well installation will be contained in 55-gallon drums. The newly installed monitor wells will be allowed to equilibrate for a minimum of 72 hours following installation and development. Following equilibration of the wells, groundwater samples will be collected. Prior to sampling, each monitor well will be purged with a peristaltic pump of a minimum of three well casing volumes. During purging, measurements of temperature, conductivity, and pH will be made for each well casing volume. Upon stabilization of the field parameters, or after purging five well casing volumes, the wells will be sampled. The groundwater samples will be collected using dedicated, laboratory-supplied teflon bailers. The groundwater samples will be placed in laboratory-supplied containers. The containers will be sealed, labeled, and immediately placed in an ice-filled cooler. A Chain-of-Custody form will be completed and the samples will be delivered to a certified laboratory for analysis. The groundwater samples will be analyzed for polynuclear aromatic hydrocarbons (EP A Method 8270) and TRPH \\c 1 ntO 1 \emwater\ W ASTE\PROPOSAL\200 1 \COC\dimnittbsoilremovall O.doc M URS Mr. Miles Ballogg June 14,2001 Page 6 using the FL-PRO method. For quality assurance purposes, a pre-cleaned equipment blank will be collected and analyzed for the parameters listed above. The groundwater samples collected in the OWS area will also be analyzed for total and dissolved arsenic. 3.5 DATA EVALUATION AND REPORTING Upon completion of the activities described in Sections 4.2 through 4.4, URS will prepare a Remediation Status Report. This report will include a summary of field activities, an evaluation of analytical results, conclusions, and recommendations. This report will also include copies of manifests and certificates of disposal for excavated soil. This report will be signed and sealed by a professional geologist or engineer. 3.6 MEETINGS URS will attend meetings to provide technical assistance to the City of Clearwater. For the purposes of this proposal, URS will assume that three meeting will be required. 4.0 SCHEDULE URS will mobilize to the site one to two weeks after receipt of written authorization to proceed and approval of the SA/RAP by the FDEP. This schedule assumes that the FDEP will not have modifications to the scope of work herein. Soil removal and backfill activities are estimated to require 14 to 16 field days to complete. However, removal of soil underneath Park Street can be conducted only after the City of Clearwater has closed this street and has re-routed utilities. Monitor wells will be installed within one to two working days following placement of backfill. The Remediation Status Report will be provided three to four weeks following receipt of all laboratory results and disposal records. 5.0 ESTIMATED PROJECT FEES URS proposes to perform the scope of work herein on a time and expense basis in accordance with the Professional Services Agreement between URS and the City of Clearwater. The unit costs and estimated project fees for URS are provided below. In accordance with the Professional Services Agreement, a 5% handling charge is included in the subcontractor charges. Unit costs and estimated fees for the contractor work are provided in the attached Bid Schedule. \ \c 1 ntO I \emwater\ W ASTE\PROPOSAL\200 1 \COC\dinmittbsoilremovall O.doc t?O URS Mr. Miles Ballogg June 14,2001 Page 7 Task Description URS Subcontractors Project Management $2,000 $0 Soil Removal and Disposal . 16 Field Days/Sampling/Surveying (16 days x 10 hrs x $55/hr) (6 days x 8 hrs x $94/hr) (16 vehicle trips x $50/day) (Misc. field supplies/disposables @ $200) . 11 Pre-Burn Soil Analyses (11 x $360/sample) $13,185 $3,960 $0 $2,880 Confirmation Soil Sampling and Analysis . 10 Confirmation Soil Samples and Duplicate Sample (8270 @ $1 05/sample, plus 2 arsenic) $0 $1,100 Confirmation Groundwater Sampling and Analysis . 2 Field Days/Sampling/Well (3) Installation $1,300 (2 days x 10 hrs x $55/hr) (2 vehicle trips x $50/day) (Misc. field supplies/disposables @ $150) . 3 Groundwater Samples and Equipment Blank $0 (8270/FL-PRO @ $180/sample, plus 2 arsenic @ $25 each) $1,275 $770 Surveying . Surveying $0 $5,000 Data Evaluation and Reporting . Reporting (5 copies of signed/sealed report) $7,000 $0 Meetings $4,200 $0 Estimated Project Subtotal Estimated Project Total $27,684 $14,855 $42,539 \\cl ntO I \emwater\ W ASTE\PROPOSAL\200 1 \COC\dimnittbsoilremovall O.doc .I?f) URS Mr. Miles Ballogg June 14,2001 Page 8 Labor rates per labor category and equipment rates for URS personnel and equipment that are anticipated to be used on this project are provided below: Associate Grade 15 Senior Geologist/Engineer Graded 14 Project GeologistlEngineer Grade 12 Staff Geologist/Engineer Grade 10 Clerical/Support Staff Grade 6 CADD/Drafting Grade 8 Vehicle $118/hour $ 94/hour $ 68/hour $55/hour $47/hour $60/hour $50/day 5% handling charge on subcontractors and materials obtained for the project. BID SCHEDULE SOIL REMOVAL AND DISPOSAL 901-927 CLEVELAND STREET CLEARWATER, FLORIDA The total quantities for soil removal, disposal and backfilling are estimated and may vary based on conditions in the field. The unit cost will be used if more or less is encountered. URS has selected WRS to provide contractor services. The contractor is responsible for providing all labor, equipment and materials to complete the work. The unit costs include the 5% handling charge as allowed in the Professional Services Agreement. BID ITEM UNIT QTY UNIT COST TOTAL Mobilization LS 2 $2,100 $4,200 Excavation, stockpiling and loading of impacted Cubic 3,300 $4.83 $15,939 soil, includes labor and equipment and materials Yard (i.e., visqueen, barricades) Transporting and disposal of impacted Ton 4,950 $35.44 $175,428 soil for thermal treatment Backfill Material (Truck Measure), Cubic 3,300 $10.03 $43,029 includes placement and compaction Yard (x 1.3) \\c I ntO I \emwater\ W ASTE\PROPOSAL\200 1 \COC\dirrmittbsoilremovall O.doc t"l(J URS Mr. Miles Ballogg June 14,2001 Page 9 Estimated Project Subtotal from Bid Schedule Estimated Total Project Fees (Amount Remaining from Original Purchase Order No. 6990000027219000) $238,596 $281,135 [$36,000] Estimated Additional Funds Required Contingency (10 percent) $245,135 $24,500 Estimated Additional Funds Required with Contingency $269,635 Notes: The quantities listed herein are estimates only. Unit rates will apply. If additional items are required or are requested by the City of Clearwater, URS will provide a proposal addendum to this cost estimate. The full extent and volume of soil that will be removed from the OWS is not currently known and the quantities may vary. URS will provide the City of Clearwater with the disposal records, weight tickets and laboratory analysis used for waste characterization. The cost estimate and terms described herein are valid for up to 30 days from the date of this proposal. Any variations to the schedule, scope of work, or site description may require a modification to the cost estimate. We appreciate the opportunity to submit this proposal and look forward to working with the City of Clearwater on this project. If this proposal is acceptable, please provide a purchase order and return to our office. Please do not hesitate to call if you have any questions or comments. Sincerely, URS ~ 7ht1~ @ Thomas J. gberry Senior Project Manager Edwin W. Siersema, Jr., P.G. Associate, Manager Waste Management Group - Tampa TJC/EWS/jmk (2 copies submitted) \\c 1 ntO 1 \emwater\ W ASTE\PROPOSAL\200 1 \COC\dinmittbsoilremovall O.doc 40 Exhibit B Consultant's Figures Please see attached. OR27781 1;1 SEE PLANS IN FILE