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PROFESSIONAL SERVICES AGREEMENT (2) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into as of the 29 day of October, 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-1 (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-1 and HL-5; WHEREAS, confirmation soil samples collected from excavation sidewalls indicated that concentrations of benzo (a) pyrene and dibenzo (a,h) anthracene 1 R: \ waste \proposal \2001 \coc \propbsoilrappsaaddendum/doc /;0 (primary constituents of concern) at both areas HL-l and HL-5 exceeded residential direct exposure cleanup criteria; 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, from June 2001 to October 2001, URS collected additional soil samples across the entire property. Soil samples were collected at 130 locations (80 locations at the southern portion of the property and 50 locations at the northern portion of the property) to evaluate the extent of impacted soil. WHEREAS, in August 2001, URS prepared a Summary Report of Supplemental Soil Delineation Activities, which presented the results of assessment activities conducted from June 2001 to July 2001. 2 R: \ waste \ proposal\ 200 1 \ coc \ propbsoilrappsaaddendum/doc N) WHEREAS, a risk assessment was conducted by Hazardous Substance & Waste Management Research, Inc., to develop risk-based soil cleanup target levels. The findings risk assessment supported a risk-based residential soil cleanup target level of 2.8 mg/kg for arsenic. WHEREAS, a conservative risk-based residential soil cleanup target level of 1.4 mg/kg for arsenic will be used to minimize the potential for deed restrictions on the property, URS has delineated the extent of impacted soil on the property. 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 5,250 cubic yards (7,875 tons) of impacted soils from the southern portion of the property (Alternative No.1); (2) the proper excavation, removal and disposal of approximately 4,500 cubic yards (6,750 tons) of impacted soils from the southern portion of the property (Alternative No.2); (3) the proper placement and compaction of clean fill (Alternative No.2); (4) the collection and analysis of up to 20 confirmation soil samples and three confirmation groundwater samples; (5) preparation of a Remediation Status Report associated with such activities and (6) attending up to four 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 \2001 \coc \propbsoilrappsaaddendum/doc pO 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 October 29, 2001, and as attached hereto as Exhibit A and incorporated by reference ("Work"), in strict compliance with Applicable Law. The Client has requested that Consultant develop work tasks to remove as much soil as possible with available funds. Consultant has prepared work tasks that provides two alternatives. Alternative No.1 includes the excavation, transport and disposal of approximately 5,250 cubic yards (7,875 tons) of soil with no backfill. Alternative No.2 includes the excavation, transport and disposal of approximately 4,500 cubic yards (6,750 tons) of soil and the placement 4 R: \ waste \ proposal \ 200 1 \ coc \ propbsoilrappsaaddendum/doc jJl} and compaction of clean fill. Only impacted soil in the southern portion of the property will be removed. Excavation of soil in the northern portion of the property and soil underlying Park Street to the south is not included. In addition, these two alternatives do include the removal of peat below four feet. As part of the Work, Consultant shall undertake the following: Task I: Soil Excavation, Transportation and Disposal (Alternative No.1) (A): Excavate soil in the southern portion of the property. The limits of excavation will conform to those specified in Consultant's letter proposal dated October 29, 2001. The limits of excavation are shown in Figure 2, which is attached hereto as Exhibit B. The maximum depth of the excavation will be approximately four feet below existing land surface. At certain locations, the depth of excavation will be two feet below existing land surface. These locations are depicted in Exhibit B (Figure 2). Approximately 5,250 cubic yards (7,875 tons) of soil will be removed. 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. Backfill material will not be provided in this alternative. (B): Consultant shall collect up to 20 confirmation soil samples from the excavation area. The soil samples will be analyzed for constituents listed in Exhibit A. 5 R: \ waste \ proposal \2001 \coc \propbsoilrappsaaddendum/doc (IJ (C): Consultant shall install three monitor wells in order to collect groundwater samples. Groundwater samples will be analyzed for constituents listed in Exhibit A. Task IA: Soil Excavation, Transportation and Disposal (Alternative No.2) (A): Excavate soil in the southern portion of the property. The limits of excavation will conform to those specified in Consultant's letter proposal dated October 29, 2001. The limits of excavation are shown in Figure 3, which is attached hereto as Exhibit B. The maximum depth of the excavation will be approximately four feet below existing land surface. At certain locations, the depth of excavation will be two feet below existing land surface. These locations are depicted in Exhibit B (Figure 3). Approximately 4,500 cubic yards (6,750 tons) of soil will be removed. 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 up to 20 confirmation soil samples from the excavation area. The soil samples will be analyzed for constituents listed in Exhibit A. (C): Consultant shall install three monitor wells in order to collect groundwater samples. Groundwater samples will be analyzed for constituents listed in Exhibit A. (D): Provide up to 5,850 cubic yards of clean fill for backfilling the excavated area. 6 R: \ waste \ proposal \ 200 1 \ coc \ propbsoilrappsaaddendum/doc (tJ 3. Consultant shall consult with Client's attorney prior to preparing any written report for Task 1 or Task lA 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. 7 R: \ waste \ proposal \2001 \coc \propbsoilrappsaaddendum/doc /)tJ ARTICLE IV - COMPENSATION 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 GeologistlEngineer, Grade 14 - $94/hour Project GeologistlEngineer, Grade 12 - $68/hour Staff GeologistlEngineer, Grade 10 - $55/hour ClericaVSu pport 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. 8 R: \ waste \ proposal \2001 \coc \ propbsoilrappsaaddendum/doc /:1) 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 project-related items. 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 11(2)-(3) and Exhibit A is one hundred sixty two thousand, eight hundred eighty four and no cents $162,884.00 ("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 the southern portion of the property, and all notifications and/or permits necessary to comply with Applicable Laws. Consultant shall transport and properly dispose of any soils removed 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 9 R: \ waste \ proposal \ 200 1 \ coc \ propbsoilrappsaaddendumldoc ~ 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 (Alternative No.2) to replace any excessively contaminated soils 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'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), lOR: \ waste \ proposal \2001 \coc \ propbsoilrappsaaddendum/doc q.) upon prIOr notice to, and written approval by Client, III 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. 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. 2II, 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: 11 R: \ waste \ proposal \ 200 1 \ coc \ propbsoilrappsaaddendwn/doc I nO 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 m 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 mVOIces 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 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 12 R: \ waste \ proposal \2001 \coc \ propbsoilrappsaaddendum/doc (JI) 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 Avenue, 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 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 13 R: \ waste \ proposal \ 200 1 \ coc \ propbsoilrappsaaddendum/doc ~ 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 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 14 R: \ waste \ proposal \ 200 1 \ coc \ propbsoilrappsaaddendumldoc (rJ 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 services or material related to this 15 R: \ waste \ proposal \2001 \ coc \ propbsoilrappsaaddendumldoc [IJ 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, 16 R: \ waste \ proposal \ 200 1 \ coc \ propbsoilrappsaaddendurn/doc (YJ notwithstanding any 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 17 R: \ waste \ proposal\ 200 1 \ coc \ propbsoilrappsaaddendum/doc 4J 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 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 - INSURANCE 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 18 R: \ waste \ proposal \ 200 1 \ coc \ propbsoilrappsaaddendumJdoc jtJ 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 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 19 R: \ waste \ proposal \ 200 1 \ coc \ propbsoilrappsaaddendum/doc {iJ 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 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 ("ComQAPI) 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 20 R: \ waste \ proposal \ 200 1 \ coc \ propbsoilrappsaaddendumldoc rJJ "lllllIII 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 pay out as a result of death or bodily injuries to any person, 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 21 R: \ waste \ proposal \2001 \ coc \ propbsoilrappsaaddendum/doc tyO 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. 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 22 R: \ waste \ proposal \ 200 1 \ coc \ propbsoilrappsaaddendum/doc f/J 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 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. 23 R: \ waste \ proposal \2001 \coc \propbsoilrappsaaddendurn/doc rJJ 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 (0) 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, 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 24 R: \ waste \ proposal \2001 \coc \ propbsoilrappsaaddendum/doc pO 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 Consultant shall accept no employment for its services that would conflict with its representations of Client pursuant to the terms of this Agreement. 25 R: \ waste \ proposal \2001 \coc \propbsoilrappsaaddendum/doc ~ 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, Jr., 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 Agreement without first providing advance notice to Client and receiving approval from Client for such activity. 26 R: \ waste \ proposal \ 200 1 \ coc \ propbsoilrappsaaddendum/doc tiJ 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, report, purchase order, work order, invoice or other document generated by the Consultant for the Client associated with the Site. Client's 27 R: \ waste \ proposal\ 200 1 \ coc \ propbsoilrappsaaddendum/doc ,tJIl 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] 28 R: \ waste \ proposal \2001 \coc \propbsoilrappsaaddendum/doc f1J 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: Name: Edwin W. Siersema, Jr., P.G. Title: Associate CITY OF CLEARWATER, FLORIDA BY: NAME: Brian J. Aun TITLE: Mayor-Com Approved as to form: Attest: BY, at- NAME: Pamela K. Akin TITLE: City Attorney BY, ~O',ui~~ j}.JNAME: C t ia E. GO, u eau o TITLE: City Clerk ,:::'- DATE: //-ci?i:.:ol...' . 29 R: \ waste \ proposal \ 200 1 \ coc \ propbsoilrappsaaddendum/doc (fJ Exhibit A Consultant's Scope of Work Please see attached. OR277811;1 URS October 29, 2001 EXHIBIT A Mr. Miles Ballogg City of Clearwater Economic Development Team 112 South Osceola Avenue Clearwater, Florida 33758-4748 Re: Proposal Addendum - Soil Remediation Property B - 901-927 Cleveland Street Clearwater, Florida Dear Mr. Ballogg: 1.0 INTRODUCTION URS Corporation (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-l and HL-5. Post-excavation confirmation soil sampling indicated that a soil sample collected at hydraulic lift HL-l contained concentrations of total recoverable petroleum hydrocarbons (TRPH), benzo (a) pyrene, I-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 (FAC). 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 (IJ URS Mr. Miles Ballogg October 29,2001 Page 2 Supplemental soil delineation was performed at the two excavation areas (HL-l 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 (SAJRAP) 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-l and HL-5. The SAJRAP 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 SAJRAP 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-l 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-l at a depth of 2 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 OVA response, two soil samples (surface to 2 feet and then 2 feet to 3.5 feet) were collected at the OWS-l location. 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 (mglkg) 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. From June 2001 to October 2001, URS collected additional soil samples across the entire property. Soil samples were collected at 130 locations on the subject property. Soil samples were collected at 80 locations at the southern portion of the property and soil samples were collected at 50 locations at the northern portion of the property. In August 2001, URS prepared a Summary Report of Supplemental Soil Delineation Activities, which presented the results of assessment activities conducted from June 2001 to July 2001. R:\W ASTE\PROPOSAL\2001\COC\dimmittbsoilremoval11.docc /YJ URS Mr. Miles Ballogg October 29, 2001 Page 3 Concurrent with supplemental soil delineation activities, a risk assessment was conducted by Hazardous Substance & Waste Management Research, Inc., (HSWMR). The primary focus of the risk assessment was to develop risk-based soil cleanup target levels for arsenic. Based on the findings presented in the draft Focused Risk Assessment Report prepared by HSWMR in October 2001, a risk-based soil cleanup target level of 2.8 mg/kg was developed for residential land use. Although a risk-based soil cleanup target level of 2.8 mg/kg for residential land use was proposed in the Focused Risk Assessment Report, it has been agreed that a more conservative risk-based residential soil cleanup level of 1.4 mg/kg will be used. The selection of this conservative value was based on the preference to minimize the potential for deed restrictions with respect to exposure to soil. In addition, the lower value of 1.4 mg/kg is proposed since the FDEP has not yet approved the proposed risk-based soil cleanup criteria of 2.8 mg/kg. Given these parameters, URS has delineated the extent of impacted soil on the subject property. Areas of impacted soil are depicted on Figure 1, which is attached. URS has estimated the amount of soil that will require removal at the subject property and associated costs. These estimates are provided in Table A, which is attached. This table also presents several options for soil removal in the northern portion of the property. Our calculations indicate that approximately 6,190 cubic yards/9,290 tons of soil in the southern portion of the site will require removal. The amount of soil that will require removal at the northern portion of the site will vary from 1,055 cubic yards/l,585 tons to 1,940 cubic yards/2,91O tons. 3.0 WORK ACTIVITIES The City of Clearwater has indicated that funds in the amount of $400,000 are available to perform soil removal activities. The City of Clearwater has requested that URS develop a scope of work to remove as much soil as possible with available funds. URS has prepared a scope of work that provides two alternatives. The first alternative includes the excavation, transport and disposal of soil without providing backfill material. The second alternative includes backfill material and associated placement and compaction. Based upon the available funds and estimated quantities of soil, only the impacted soils in the southern half of the subject property will be excavated. Excavation of soil in the northern half of the site and soil underlying Park Street to the south is not included. In addition, these alternatives do not include the removal of peat below four feet. Based on this monetary limit, URS estimates that approximately 85 % of soil in the southern portion of the property (5,250 cubic yardsl7 ,875 tons) could be removed if no backfill material is provided (see Section 3.2.1, Alternative No.1). The limits of excavation, based on this alternative is provided in Figure 2. URS estimates that approximately 73 % of soil in the southern portion of the property (4,500 cubic yards/6,750 tons) could be removed if backfill material is provided (see Section 3.2.2, Alternative No.2). The limits of excavation, based on this second alternative is provided in Figure 3. R:\W ASTE\PROPOSAL\200l \COC\dimrnittbsoilremovalll.doc !f)tJ URS Mr. Miles Ballogg October 29,2001 Page 4 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 3.2.1 Alternative No.1 Approximately 5,250 cubic yardsl7,875 tons of soil will be removed from the southern portion of the property. The limits of excavation are shown in Figure 2. 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. Prior to excavation activities, soil samples will be collected for pre-bum analysis. Based on the amount of soil that will be removed and in accordance with the requirements of Chapter 62-713, FAC, 14 soil samples will be collected for pre-bum analysis. Soil samples will be collected within the limits of the area 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 (EPA 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. 3.2.2 Alternative No.2 Approximately 4,500 cubic yards/6,750 tons of soil will be removed from the southern portion of the property. The limits of excavation are shown in Figure 3. 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. Prior to excavation activities, soil samples will be collected for pre-bum analysis. Based on the amount of soil that will be removed and in accordance with the requirements of Chapter 62-713, FAC, 13 soil samples will be collected for pre-bum analysis. Soil samples will be collected within the limits of the area 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 (EPA 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. R:\ W ASTE\PROPOSAL\2001\COC\dimmittbsoilremova111,doc 1><1 URS Mr. Miles Ballogg October 29, 200 I Page 5 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. 3.3 SITE CONTROL AND SURVEYING Prior to excavation activities, a chain link fence will be installed around the perimeter of property to provided site control. In addition, a certified surveyor will survey surface elevations and establish coordinates of the excavation limits to obtain a base map of the excavation area of the southern portion of the subject property. Spot elevations will also be obtained within the area of excavation. These spot elevations will be used to establish vertical control for soil removal activities. 3.4 CONFIRMA TION SOIL SAMPLING AND ANALYSIS Since the delineation of soil removal will predominantly lie along the lines of samples already showing no detectable contamination, sidewall confirmation soil samples will be limited to the northwest portion of excavation area (i.e., the area north of sample locations G-I through G-5) as shown on the attached figures. Sidewall confirmation samples will not be collected in the other areas. Confirmation soil samples will be collected from the bottom of the excavation that extends to a depth of four feet below land surface. For the purposes of this proposal, URS assumes that a total of 20 confirmation soil samples will be collected. 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 (EPA Method 8270) and arsenic. 3.5 CONFIRMA TION GROUNDWATER SAMPLING AND ANALYSIS Although groundwater samples have been collected in the vicinity of excavation areas HL-I, HL-5 and OWS areas, confirmation groundwater samples will be collected following the eventual placement of clean fill. A monitor well will be installed in the vicinity of hydraulic lift HL- I 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. 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 of O.OI-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 R:\W ASTE\PROPOSAL\2001\COC\dimmittbsoilremova111,doc j)(J URS Mr. Miles Ballogg October 29,2001 Page 6 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 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. 3.6 DA T A EV ALUA TION AND REPORTING Upon completion of the activities described in Sections 3.2 through 3.5, 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 four meetings will be required. 4.0 SCHEDULE URS will mobilize to the site upon receipt of written authorization to proceed. Soil removal and/or backfill activities are estimated to require four to five weeks. 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. R:\W ASTE\PROPOSAL\2001\COC\dimmittbsoilremovaI11,doc QQ URS Mr. Miles Ballogg October 29,2001 Page 7 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. A 5% handling charge for subcontractors will be waived for this project. However, URS will require payment within two weeks of submittal of invoices. Unit costs and estimated fees for the contractor work are provided in the Bid Schedule. URS and contractor fees for both alternatives are provided below: 5.1 ALTERNATIVE NO.1 Task Description URS Subcontractors $4,500 $0 $17,150 $5040 $0 $2,500 $1,300 $2,270 $0 $14,000 $10,000 $0 Project Management Soil Removal and Disposal Confirmation Soil Sampling and Analysis Confirmation Groundwater Sampling and Analysis Fencing and Surveying Data Evaluation and Reporting (5 copies of signed/sealed report) Meetings $5,000 $0 Estimated Project Subtotal Estimated Project Total $37,950 $23,810 $61,760 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 Advantage Environmental Services, Inc., to provide contractor services. The contractor is responsible for providing all labor, equipment and materials to complete the work. R:\W ASTE\PROPOSAL\2001\COC\dimmittbsoilremovall I ,doc 44 URS Mr. Miles Ballogg October 29, 2001 Page 8 BID ITEM UNIT QTY UNIT COST TOTAL Mobilization LS 1 $2,500 $2,500 Excavation, stockpiling and loading of impacted Ton 7,875 soil, includes labor and equipment and materials $5.51 $43,400 Transporting and disposal of impacted Ton 7,875 soil for thermal treatment $32.20 $253,575 Estimated Project Subtotal from Bid Schedule Estimated Total Project Fees $299,475 $361,235 Estimated Total Project Fees with Contingency $400,000 (Amount Remaining from Original Purchase Order No. 6990000027219000) [$237,116] Estimated Additional Funds Required $162,884 5.2 AL TERNA TIVE NO.2 Task Description URS Subcontractors $4,500 $0 $14,950 $4,680 $0 $2,500 $1,300 $2,270 $0 $14,000 $10,000 $0 Project Management Soil Removal and Disposal Confirmation Soil Sampling and Analysis Confirmation Groundwater Sampling and Analysis Fencing and Surveying Data Evaluation and Reporting (5 copies of signed/sealed report) Meetings $5,000 $0 Estimated Project Subtotal Estimated Project Total $35,750 $23,450 $59,200 R:\W ASTE\PROPOSAL\2001 \COC\dimrnittbsoilremovalll.doc ,M URS Mr. Miles Ballogg October 29,2001 Page 9 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 Advantage Environmental Services, Inc., to provide contractor services. The contractor is responsible for providing all labor, equipment and materials to complete the work. BID ITEM UNIT QTY UNIT COST TOTAL Mobilization LS 1 $2,500 $2,500 Excavation, stockpiling and loading of impacted Ton 6,750 $5.51 $37,193 soil, includes labor and equipment and materials Transporting and disposal of impacted Ton 6,750 $32.20 $217,350 soil for thermal treatment Backfill Material (Truck Measure) Cubic 4,500 $7.79 $45,572 Includes placement and compaction Yard (x 1.3) Estimated Project Subtotal from Bid Schedule $302,615 Estimated Total Project Fees $361,815 Estimated Total Project Fees with Contingency $400,000 (Amount Remaining from Original Purchase Order No. 6990000027219000) [$237,116] Estimated Additional Funds Required $162,884 R:\W ASTE\PROPOSAL\2001 \COC\dimmittbsoilremovalll.doc pO URS Mr. Miles Ballogg October 29,2001 Page 10 Notes: 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 Grade 14 Project Geologist/Engineer 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 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. 6.0 ADDITIONAL INFORMATION The City of Clearwater is aware that the FDEP has not yet formally approved soil removal activities and these remedial actions will be conducted on an "at risk" basis. URS will prepare and submit and Interim Source Removal Plan prior to initiating soil removal activities. This plan will describe interim soil removal activities and the specifics of confirmation sampling and analysis. The City of Clearwater should understand that soil removal activities are likely to proceed prior to approval of the Interim Source Removal Plan by the FDEP. R:\W ASTE\PROPOSAL\2001\COC\dimrnittbsoilremovalll.doc ftll URS Mr. Miles Ballogg October 29, 2001 Page 11 URS appreciates 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 ~/~ "" Thomas J. Carberry Senior Project Manager ~. Edwin W. Siersema, Jr., P.G. Associate, Manager Waste Management Group - Tampa TJC/EWS/jmk (2 copies submitted) R:\ W ASTE\PROPOSAL\2001 \COC\dimmittbsoilremovalll.doc Ii:) Exhibit B Consultant's Figures and Table Please see attached. OR277811;1 SEE PLANS IN FILE TABLE A REVISED SUMMARY OF SITE REMEDIATION OPTIONS RISK-BASED SOIL CLEANUP TARGET LEVELS PROPERTY B CLEARWATER, FLORIDA OPTION DESCRIPTION SOIL AMOUNT BACKFILL ESTIMA TED POTENTIAL FOR DEED NO. REMOVED AMOUNT COST RESTRICTIONS Greatest potential for no Southern Portion of Site: Remove soil impacted with P AH deed restrictions (in southern portion). Assumes 1 (benzo[a]pyrene SCTL of 0.1 mg/kg) and arsenic greater than 6,190 C.Y./9,290 Tons 8,050 c.Y. $529,000 the FDEP agrees to increase risk-based SCTL of 1.4 mglkg to a depth of 4 feet. the SCTL for arsenic to 1.4 mg/kg. Southern Portion of Site: Remove soil impacted with P AH (benzo[a]pyrene SCTL of 0.1 mg/kg) and arsenic greater than 6,190 C.Y./9,290 Tons 8,050 c.Y. $529,000 Greatest potential for no _~i_s.I~ :~~_~~~_ ~~Tl:_ _ <?f.l :~_ ~..&.~g, !~_ ~_ ~~p~!1_ ~f ~ K~~!:... _ _ _ _ _ _ _ _ _ _ _ _ __ ------------.----------------- ------------------ -------------------- deed restrictions. Assumes 2 Northern Portion of Site: Remove soil impacted with the FDEP agrees to increase arsenic greater than risk-based SCTL of 1.4 mg/kg to a depth 1,940 C.Y./2,91O Tons 2,520 C.Y. $161,700 the SCTL to 1.4 mg/kg. of 4 feet. 8,130 C.Y./12,200 Tons 10,570 C.Y. $690.700 Southern Portion of Site: Remove soil impacted with P AH (benzo[a]pyrene SCTL of 0.1 mg/kg) and arsenic greater than 6,190 C.Y./9,290 Tons 8,050 C.Y. $529,000 _~i..s_~ :~~~~~_ ~~Tl:_ _ <?f.l: ~_ ~~~~g_ !~_ ~_ ~~p~!1. ~f ~ _t~~!:.. _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deed restrictions will be ------------------------------ -------~---------- -------------------- 3 Northern Portion of Site: Remove soil impacted with required in northern portion arsenic greater than risk-based SCTL of 1.4 mg/kg to a depth 1,055 C.Y./1,585 Tons 1,375 C.Y. $92,600 of property. of 2 feet. Soil below 2 feet will remain in place. 7,245 C.Y.l10,875 Tons 9,425 C.Y. $621,600 Southern Portion of Site: Remove soil impacted with P AH (benzo[a]pyrene SCTL of 0.1 mg/kg) and arsenic greater than 6,190 C.Y./9,290 Tons 8,050 C. Y. $529,000 !i..s_~:~~_~~~_~~Tl:__<?f.l :~_~~~~g_!~_ ~_~~p~h~f ~ K~~!:..__ __ _ _ __ _ _ _ _ ___ ------------------------------ ------------------ -------------------- Deed restrictions will be 4 Northern Portion of Site: Remove soil impacted with required in northern portion arsenic greater than risk-based SCTL of 1.4 mg/kg to a depth 1,150 C.Y./1,730 Tons 1,495 C.Y. $100,300 of property. of 4 feet in areas that will not be covered by buildings, concrete or asphalt. 7,340 C.Y.lll,020 Tons 9,545 c.Y. $629,300 Assumptions for Option 4 - Greenspaces are limited to backyards of individual lots. Remainder of property will be covered with buildings, concrete or asphalt. - Backyards comprise approximately half of each lot. - Locations of lots will not change. R:\ W ASTE\T ABLES\200 I \COC\PropBRiskBasedRemediaIOptionsRev2.doc Exhibit C FINAL AFFIDAVIT STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared duly sworn, deposes and says of his personal knowledge as follows: who, after being first I. He is the (title) of the State of Florida (hereinafter referred to as the "Consultant"). which does business in II. The Consultant, pursuant to a contract dated , 2001, with City of Clearwater (hereinafter referred to as the "Client"), has furnished or caused to be furnished labor, material and services for the construction of certain improvements as more particularly set forth in said contract. III. This Affidavit is executed by the Consultant in accordance with Section 713.06(3)(d) of the Florida Statutes for the purpose of obtaining a final payment from the Client in the amount of $ IV. All work performed under the contract referred to above has been fully completed, and all lienors under this contract have been paid in full, except the following list of lienors: STATE OF COUNTY OF Sworn to and subscribed before me this _ day of ,-. Notary Public Print: Personally known OR Produced ID Type of ID Produced OR277811;1 EXHIBIT D HEALTH AND SAFETY PLAN The following is a list of issues which shall be addressed in the Health and Safety Plan ("Plan"), as applicable. This list is merely advisory and is not intended to provide a complete statement of safety-related issues. The Plan shall otherwise conform to the requirements set forth under the Occupational Health & Safety Act, including without limitation, the requirements of 29 CFR g1910.120. (1) Introduction. Overview of Consultant's project responsibilities. Health and safety responsibilities of key personnel. (2) Personal Protective Equipment. Description of the personal protective equipment selected and its use. Rationale for selection of the equipment. (3) Work Zones and Decontamination Procedures. Identification of work and decontamination zones. Description of personnel, personal protective equipment, heavy equipment and tool decontamination procedures. Description of equipment and procedure for emergency/normal decontamination. (4) Personnel Training Program. Description of personnel training program. (5) Medical Surveillance. (6) Emergency Response Plan. OR27781l;1