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;
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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
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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:
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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.
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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
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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,
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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
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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
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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,
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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]
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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
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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.
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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,
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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
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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
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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.
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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
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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)
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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)
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Exhibit B
Consultant's Figures
Please see attached.
OR27781 1;1
SEE PLANS IN FILE