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PROFESSIONAL SERVICES AGREEMENT (3) I 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into as of the 8 day of March, 2002 (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 (FAC) 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; 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 1 R: \ waste\proposal\2002\coc\propbsupisrgwmoppsa/doc fIJ , I I 'i, f ,I I \ i i \ , ) I 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. 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 mglkg for arsenic. 2 R: \ waste\proposal\2002\coc\prop bsupisrgwmoppsal doc [i) ) I 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 permanent deed restrictions on the property, URS has delineated the extent of impacted soil on the property. WHEREAS, URS conducted interim source removal activities at the Site from November 26, 2001 to December 13, 2001. A total of 7,676.82 tons of soil were removed from the southern portion of the Site and a total of 1,148.54 tons of soil were removed from three areas in the northern portion of the Site. Excavated soil was transported off-site for thermal treatment. The analytical results of confirmation soil samples indicated that interim source removal activities were effective in removing soil impacted with polynuclear aromatic hydrocarbons in the southern portion of the Site. Interim source removal activities were also generally effective in removing soil containing arsenic greater than the selected risk-based residential soil cleanup target level of 1.4 mg/kg. 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 2,380 cubic yards (3,565 tons) of additional impacted soil from the northern and southern portions of the Site; (2) the collection and analysis of up to 56 confirmation soil samples for arsenic analysis and up to 11 confirmation soil samples for polynuclear aromatic hydrocarbons analysis; (3) preparation of a Supplemental Interim Source Removal Report associated with such activities; (4) conducting groundwater monitoring for a period of five years; and (5) performing dewatering treatment and monitoring during construction of a swimming pool. 3 R: \ waste\proposal\2002\coc\propbs upisrgwmoppsaJ doc ~ J I 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: 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 Ralph Stone, dated January 30, 2002, attached hereto as Exhibit A and Consultant's memorandum to Ralph Stone dated February 28, 2002, attached hereto as Exhibit AA, and incorporated by reference ("Work"), in strict 4 R: \ waste\proposal\2002\coc\propbs u pisrgwmoppsaJ doc ~ I I compliance with Applicable Law. As part of the Work, Consultant shall undertake the following: Task I: Soil Excavation, Transportation and Disposal (A): Excavate soil from the four remaining areas in the northern portion of the property that contain arsenic greater than the selected risk-based residential soil cleanup target level. Soil will be excavated from the southern portion of the existing excavation on the south side of the property (the portion that extends to Park Street). Soil will also be excavated from portions of the existing excavation areas that contain arsenic greater than the selected risk-based residential soil cleanup target level. A figure depicting the limits of excavations are attached hereto as Exhibit B. The excavation depths will range from two feet below land surface to four feet below land surface as depicted in the attached figure. Client shall be responsible for the closure of Park Street and the removal/relocation of all underground and aboveground utilities. Client shall also be responsible for the disposal of trees that are removed during soil excavation activities. Approximately 2,380 cubic yards (3,565 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 56 confirmation soil samples from the excavation areas. The soil samples will be analyzed for constituents listed in Exhibit A. Task II: Groundwater Monitoring and Reporting (A): Groundwater samples will be collected from permanent monitor wells on a semiannual basis for a period of five years as specified in a Monitor Only Plan prepared 5 R: \ waste\proposal\2002\coc\propbs upisrgwmoppsaJ doc ~ I I by Consultant in December 2000. This Monitor Only Plan has been approved by the Florida Department of Environmental Protection. As part of this Monitor Only Plan, a downgradient monitor well (PMW -5) will be installed. In addition, a monitor well that was destroyed during interim source removal activities (PMW-2) will be replaced. Groundwater samples will be collected and analyzed in accordance with the specifications of the Monitor Only Plan. Groundwater Monitoring Reports will be submitted following each semiannual sampling event. Task ill: Dewatering Treatment and Monitoring If dewatering is required during construction of a sWlmmmg pool on Property A, Consultant shall provide equipment and labor to treat and monitor extracted groundwater. Consultant shall obtain permits (if applicable) to discharge treated groundwater. 3. Consultant shall consult with Client's attorney prior to preparing any written report 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 (Task I), Consultant shall generate a Supplemental Interim Source Removal 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. At the completion of each semiannual groundwater monitoring event specified in Scope of Work (Task IT), Consultant shall generate a Groundwater Monitoring Report. Each Groundwater Monitoring Report shall be 6 R: \ was te\proposal\2002\coc\propbsupisrgwmoppsal doc ~ I I signed and sealed by a professional engineer or professional geologist and shall be certified to Client. 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 1. Fees payable to Consultant for the professional services described in Exhibits A and AA 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 Exhibits A and AA. Associate, Grade 15 - $1l8/hour Senior GeologistJEngineer, Grade 14 - $94/hour Project GeologistJEngineer, Grade 12 - $68/hour 7 R: \ was te\proposal\2002\coc\propbsupisrgwmoppsaldoc t I I 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 AlFID - $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 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 ll(2)-(3) and Exhibits A and AA is two hundred thirty one thousand, fifty and no cents $231,050.00 ("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 remaining northern and southern portions of the property (Task I), monitor well installation, 8 R: \ was te\proposal\2002\coc\propbs upi srgwmoppsal doc ~ I I surveying and testing (Task II), equipment and testing (Task ill), 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 Laws, rules, guidelines and specifications relating to quality assurance and quality control. The costs to excavate, transport and properly dispose contaminated soil off site will be in accordance with the units rates provided in the Bid Schedule of Exhibit A. (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. 9 R: \ waste\proposal\2002\coc\propbs upi srgwmoppsa/ doc ~ I I 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 Exhibits A and AA 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 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. Ralph Stone, 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 Vll, Ch. 21I, 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: 10 R: \ was te\proposal\2002\coc\propbsupisrgwrnoppsal doc ~ I I 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 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 1. 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, 11 R: \ w as te\proposaI\2002\coc\propbsupisrgwmoppsa/ doc ~ I I 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 Supplemental Interim Source Removal Report, one to Ms. Karma Killian, City of Clearwater, 100 South Myrtle A venue, 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 Supplemental Interim Source Removal 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. Three weeks after completion of each semiannual groundwater monitoring event, Consultant shall deliver two (2) copies each of its draft Groundwater Monitoring Report, one to Ms. Karma Killian, City of Clearwater, 100 South Myrtle A venue, 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 Groundwater Monitoring 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. 12 R:I wastelproposaII2002\coclpropbsupisrgwmoppsaldoc ~ I I 4. 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 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 13 R: \ was te\proposal\2002\coc\propbsupisrgwmoppsa/ doc fi) I I 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 S1l9.02, 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 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 14 R: \ was te\proposal\2002\coc\propbsupisrgwmoppsal doc ,p I I 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 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. 15 R: \ waste\proposaI\2002\coc\propbsupisrgwmoppsaJ doc ~ I I 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 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. 16 R: \ waste\proposal\2002\coc\propbsupisrgwmoppsaldoc ~ I I 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 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 pnor to performance of work by Consultant shall not be deemed a WaI ver 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 17 R: \ was te\proposal\2002\coc\propbs upisrgwmoppsal doc ~ I I 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 - REPRESENT A TIONS. 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 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 and Chapter 62-785, F.A.C., (collectively, the "Applicable Law"). 18 R: \ was te\proposal\2002\coc\propbsupisrgwmoppsa/ doc ~ I I 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, 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. 19 R: \ waste\proposal\2002\coc\propbsupisrgwmoppsa/ doc ~ I I 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 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. 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. 20 R: \ waste\proposal\2002\coc\propbsupisrgwmoppsaJ doc cA I I 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 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 21 R: \ waste\proposaI\2002\coc\propbsupisrgwmoppsa/ doc 00 I I 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 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, 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, 22 R: \ waste\proposal\2002\coc\propbs upisrgwmoppsal doc ~ I I 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 Consultant shall accept no employment for its services that would conflict with its representations of Client pursuant to the terms of this Agreement. 23 R: \ waste\proposal\2002\coc\propbsupisrgwmoppsaJ doc AD ~ I 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: Ralph Stone CITY OF CLEARWATER 112 South Osceola A venue 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. 24 R:\waste\proposal\2002\coc\propbsupisrgwmoppsaldoc ~ I I 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 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 25 R: \ waste\proposal\2002\coc\propbsupisrgwmoppsaJ doc f)() I I 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 representati ves of both parties. [REST OF PAGE LEFT INTENTIONALLY BLANK] 26 R:\waste\proposal\2002\coc\propbsupisrgwmoppsa/doc ptJ I I 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. Slersema, Jr., P.G. Title: Associate CITY OF CLEARWATER, FLORIDA Countersigned: BY: NAME: Brian J. Aungst TITLE: Mayor-Commi ioner Approved as to form: JJkL BY: NAME: Pamela K. Akin TITLE: City Attorney i-> BY~__t1.I4..~:i!. NAME: illiam B. Horne, II TITLE: City Manager Attest: BY: ~ \>r~~{2-, CkJt.. kvNAME~-g.ou4_eau ' =-r TklE: City Clerk- _, _. DATE: ...3-~ 1-(1;z, 27 R:\waste\proposal\2002\coc\propbsupisrgwmoppsaldoc OR277811;! I Exhibit A Consultant's Scope of Work Please see attached. I URS I I January 30, 2002 EXHIBIT A Mr. Ralph Stone City of Clearwater Economic Development Team 112 South Osceola Avenue Clearwater, Florida 33758-4748 Re: Proposal - Supplemental Interim Source Removal Property B - 901-927 Cleveland Street Clearwater, Florida Dear Mr. Stone: 1.0 INTRODUCTION URSCorporation (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 supplemental interim source removal activities. This proposal is submitted in response to your recent request. 2.0 BACKGROUND AND OBJECTIVE URS conducted interim source removal activities at the subject property from November 26,2001 to December 13, 2001. Interim source removal activities were conducted in general accordance with the specifications presented in an Interim Source Removal Plan (ISRP). This ISRP was submitted to the Florida Department of Environmental Protection (FDEP) for review on November 19, 2001. A total of 7,676.82 tons of soil were removed from the southern portion of the property. In addition, a total of 1,148.54 tons of soil were removed from three areas in the northern portion of the property. Excavated soil was loaded onto trucks and transported off-site for thermal treatment. Confirmation soil samples were collected from the bottom and sidewalls of the excavation areas. Confirmation soil samples collected from the excavation area in the southern portion of the property were analyzed for polynuclear aromatic hydrocarbons and arsenic. Confirmation soil samples collected from the three excavation areas in the northern portion of the property were analyzed for arsenic. Evaluation of the laboratory analytical results indicated that interim source removal activities were effective in removing soil impacted with polynuclear aromatic hydrocarbons in the southern portion of the property. Soil samples collected from the bottom and sidewalls of the excavation contained non-detectable to minimal concentrations of polynuclear aromatic hydrocarbons. Interim source removal activities in the southern portion of the property were generally effective in removing soil URS Corporation 7650 West Courtney Campbell Causeway Tampa, FL 33607-1462 Tel: 813.286.1711 Fax: 813.287.8591 \\c I ntO I \EnvWater\ W ASTE\PROPOSAL\2002\COC\dimmittbsoilremovaI13 ,doc URS I I Mr. Ralph Stone January 30, 2002 Page 2 containing arsenic greater than the selected risk-based residential soil cleanup target level of 1.4 milligrams per kilogram (mg/kg). Confirmation soil samples collected from the bottom of the excavation did not contain detectable concentrations of arsenic. Four of the five confirmation soil samples collected from the sidewalls of the excavation contained either non-detectable concentrations of arsenic or concentrations below the selected risk-based residential soil cleanup target level. One sidewall confirmation soil sample (CS-3), collected from land surface to two feet below land surface contained arsenic at a concentration (6.2 mg/kg) that exceeded the selected risk-based residential soil cleanup target level. A soil sample collected at this location, from two feet to four feet below land surface, contained arsenic at a concentration of 0.99 mg/kg, which was below the selected risk-based residential soil cleanup target level. Sidewall confirmation soil samples were collected from the western portion of the southern excavation area. Interim source removal activities conducted in the northern portion of the property were also generally effective in removing soil containing arsenic greater than the selected risk-based residential soil cleanup target level. Confirmation soil samples collected from the bottom of the three excavation areas contained concentrations of arsenic that were non-detectable or below the selected risk-based residential soil cleanup target level. Twelve of the 14 sidewall confirmation soil samples contained concentrations of arsenic that were non-detectable or did not exceed the selected risk-based residential soil cleanup target level. The objective of supplemental interim source removal activities is to remove soil from the four remaining areas in the northern portion of the property that contain arsenic greater than the selected risk-based residential soil cleanup target level. Soil will be removed from the southern portion of the excavation on the south side of the property (the portion that extends to Park Street). Soil will also be removed from portions of the existing excavation areas that contain arsenic greater than the selected risk-based residential soil cleanup target level. The proposed excavation areas are depicted on Figure 1, which is attached. 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. As required by the State of Florida, URS will contact the local agency for underground utility clearance. In addition, prior to initiating field activities, URS will provide the FDEP with notification of supplemental interim source removal acti vi ti es. \\c 1 ntO 1 \EnvW ater\ W ASTE\PROPOSAL\2002\COC\dimmiUbsoilremoval13.doc URS I I Mr. Ralph Stone January 30,2002 Page 3 3.2 SOIL REMOVAL AND DISPOSAL Approximately 2,380 cubic yards (3,565 tons) of soil will be removed from the property. The limits of the excavation areas are shown in Figure 1. 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, Florida Administrative Code, eight soil samples will be collected for pre-bum analysis. 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 ha]ocarbons (EP A Method 8260), polychlorinated biphenyls (EP A Method 8082), total organic halogens (EP A Method 9023), total recoverable petroleum hydrocarbons using the Florida Petroleum Range Organic method, arsenic, cadmium, chromium, and lead. Approval of this materia] by a thermal treatment facility will be secured prior to excavating activities. In order to remove soil from the southern portion of the excavation on the south side of the property, closure of Park Street and the removal or relocation of underground and aboveground utilities will be required. This proposal assumes that the City of Clearwater will be responsible for removal of the road and all utilities. This proposal also assumes that the City of Clearwater will be responsible for disposal of trees that are removed from this area. 3.3 SURVEYING Prior to additional excavation activities, a certified surveyor will survey surface elevations and establish coordinates of the excavation limits to obtain a base map of the excavation areas. 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 Confirmation soil samples will be collected from the sidewalls and bottoms of the excavation areas. URS proposes to collect approximately 56 soil samples for arsenic analysis and 11 soil samples for polynuclear aromatic hydrocarbon analysis. For quality assurance/quality control purposes, duplicate samples and equipment blanks will be collected and analyzed for these constituents. 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 \\c I ntO I \EnvW ater\ W ASTE\PROPOSAL\2002\COC\dirnmi ttbsoilremova1l3 .doc URS I I Mr. Ralph Stone January 30,2002 Page 4 polynuclear aromatic hydrocarbons (EPA Method 8270) and arsenic (EPA Method 3050/6010), as appropriate. 3.5 DATA EVALUATION AND REPORTING Upon completion of the activities described in Sections 3.2 through 3.4, URS will prepare a Supplemental Interim Source Removal Report. This report will include a summary of field activities, an evaluation ofthe 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. 4.0 SCHEDULE URS will initiate this project upon receipt of written authorization to proceed. URS initially will provide the FDEP with notification of supplemental interim source removal activities. Soil removal and confirmation sampling activities are estimated to require approximately 10 working days. The schedule for soil removal activities is predicated on the assumption that Park Street has been closed and all utilities have been removed or re-routed by the City of Clearwater. A Supplemental Interim Source Removal 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. A 5% handling charge for subcontractors will be waived for this project if payment for services is provided within two weeks of submittal of invoices. Unit costs and estimated fees for the contractor work are provided in the Bid Schedule. Task Description URS Subcontractors Project Management $500 $0 Soil Removal and Disposal $4,000 $0 Surveying $0 $3,150 Confirmation Soil Sampling and Analysis $1,000 $10,500 Data Evaluation and Reporting* $500 $0 (5 copies of signed/sealed report) \\c I nlOI \EnvWaler\ W ASTE\PROPOSAL\2002\COC\dimmittbsoilremova1l3.doc URS I I Mr. Ralph Stone January 30,2002 Page 5 Estimated Project Subtotal Estimated Project Total $6,000 $13,650 $19,650 *Existing funds approved in Purchase Order No. 6990000027219000 will be used to complete data evaluation and reporting. BID SCHEDULE SOIL REMOVAL AND DISPOSAL 901-927 CLEVELAND STREET CLEARWATER, FLORIDA The total quantities for soil removal and disposal 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 $2,500 1 $2,500 Mobilization LS Excavation, stockpiling and loading of impacted Ton soil, includes labor and equipment and materials 3,565 $5.51 $19,645 Transporting and disposal of impacted Ton soil for thermal treatment 3,565 $32.20 $114,795 Estimated Project Subtotal from Bid Schedule Estimated Total Project Fees $136,940 $156,590 Estimated Total Project Fees with Contingency $172,250 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: \\c I ntO I \EnvWater\ W ASTE\PROPOSAL\2002\COOdimmittbsoilremovaI13 ,doc URS I I Mr. Ralph Stone January 30, 2002 Page 6 Associate Grade 15 Senior Geologist/Engineer Grade 14 Project Geologist/Engineer Grade 12 Staff Geologist/Engineer Grade 10 Clerical/Support Staff Grade 6 CADDlDrafting Grade 8 Vehicle $1l8/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. 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 the selected risk-based soil cleanup criteria for arsenic or the proposed soil removal activities. If such approval is not obtained, the FDEP may impose institutional controls or require further remediation, as appropriate. To implement this proposal, URS will prepare and submit a Supplemental Interim Source Removal Plan prior to initiating soil removal activities. This plan will describe supplemental interim soil removal activities and the specifics of confirmation sampling and analysis. \\c I ntO I \EnvW ater\ W ASTE\PROPOSAL\2002\COC\dimmittbsoilremovaI13 ,doc URS I I Mr. Ralph Stone January 30, 2002 Page 7 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 CORPORATION ~/~ Thomas J. Carberry Senior Project Manager Edwin W. Si serna, Jr., P.G. Associate, Manager Waste Management Group - Tampa TJC/EWS/jmk (2 copies submitted) Attachment: Figure 1 - Excavation Areas \\c I nlO I \EnvW ater\ W ASTE\PROPOSAL\2002\COC\dimrnillbsoilremovaI13 ,doc I I Exhibit AA Consultant's Scope of Work Memorandum Please see attached. OR277811 ;1 I I MEMO UBS Corporation EXHIBIT AA 7650 West Courtney Campbell Causeway Tampa, Florida 33607 Phone: 813-286-1711 FAX: 813-6362499 Action Info Karma Killian Teresa Jeffries Tim Smith File Ralph Stone Pam Akin Miles Ballogg C 1-00009165.00 From: Tom Carberry/Ed Siersema Date: February 28, 2002 Subject: Remaining Environmental Cost Estimates Dimmitt Property B 901-927 Cleveland Street Clearwater, Florida As requested, this memo presents cost estimates for remaining environmental activities that are anticipated at Property B. These cost estimates take into account, where applicable, existing funds or contributions from the developer. This memo also provides a brief discussion of general environmental issues at the subject site. Cost Estimates 1. Remaining Soil Removal Costs: Contribution from Developer: $172,250 -$130,000 $42,250 $42,250 2. Monitor Only Plan (5 years): Current Remaining Project Budget: $34,000 -$5.200 $28,800 $28,800 3. Dewatering Treatment & Monitoring: (Construction of swimming pool on Property A) $30,000 $30,000 Total Estimated Costs: $101,050 1 R:\waste\corresp\coc\propbremaincostestmemo0228.doc I I Cost Estimate Assumptions and Comments 1. Remaining Soil Removal Costs: Does not include any costs for backfilling soil. Supplemental confirmation soil samples indicate that additional soil will not reqUIre removal. Additional assumptions in URS memo dated December 19, 2001 apply. 2. Monitor Only Plan: Groundwater samples will be collected from five monitor wells, twice per year for a five year period. Does not include replacement of monitor wells that may be destroyed during site re- development. Groundwater remediation may be required at the completion of the monitoring period if contaminant concentrations increase significantly. However, based on groundwater analytical data collected to date, URS considers groundwater remediation unlikely. 3. Dewatering Treatment & Monitoring for Pool Construction: Dewatering will be conducted for no more than 15 days. Cost estimate includes time associated with obtaining permit to discharge to sanitary sewer system. Costs could be reduced if treated water can be discharged on site. A portable air stripper/air sparger would be used to treat groundwater. An alternate treatment system (e.g., carbon canisters) could be utilized based on actual pool construction requirements, which may reduce costs. General Environmental Issues Arsenic in Soil: The current residential soil cleanup target level for arsenic is 0.8 mg/kg as established in Chapter 62-777, Florida Administrative Code (FAC). Based on a risk assessment conducted for the subject site, an arsenic level of 2.8 mg/kg was considered to be sufficiently protective of human health. This risk-based level was based, in part, on a toxicological study conducted by the University of Florida for the FDEP. For soil removal activities at the site, a conservative site-specific soil cleanup target level of 1.4 mg/kg for arsenic was selected. This conservative site-specific soil cleanup target level was selected to minimize the potential for permanent deed restrictions on the property. It is anticipated that the FDEP may adjust the residential soil cleanup target level for arsenic from 0.8 mg/kg to 1.4 mg/kg. Bezno (a) pyrene in Soil: The residential soil cleanup target level for benzo (a) pyrene is 0.1 mg/kg as established in Chapter 62-777, F AC. This constituent was detected in the southern portion of the subject site. The majority of soil in the southern portion of the site that has been impacted with this constituent has been removed as part of interim source removal activities. 2 R:\waste\corresp\coc\propbremaincostestmemo0228.doc I I Additional soil impacted with this constituent will be removed as part of supplemental interim source removal activities after Park Street has been closed and utilities have been removed/re- routed. Groundwater Impacts: Based on data obtained to date, groundwater impacts are limited to the northwest portion of the subject site. Constituents of concern have been chlorinated organic compounds such as tetrachloroethene, trichloroethene and vinyl chloride. The following table presents the range of chlorinated organic compounds detected in groundwater samples from the permanent monitor wells and regulatory levels: Constituent Concentration Range NF A Levels NADSC Levels Tetrachloroethene 1.9 ugIL - 100 ugIL 3.0 ugIL 300 ug/L Trichloroethene 1.1 ugIL - 51 ugIL 3.0 ugIL 300 ug/L Vinyl Chloride 1.6 ugIL - 6.2 ugIL 1.0 ugIL 100 ug/L Notes: NFA - No Further Action NADSC - Natural Attenuation Default Source Concentration 3 R:\waste\corresp\coc\propbremaincostestmemo0228.doc I OR277811;1 Exhibit B Consultant's Figure Please see attached. I SEE PLANS IN FILE I I Exhibit C FINAL AFFIDAVIT STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared sworn, deposes and says of his personal knowledge as follows: who, after being first duly I. He is the (title) of State of Florida (hereinafter referred to as the "Consultant"). which does business in the II. The Consultant, pursuant to a contract dated ,2002, with City of ClearwateT (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. m. 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 alllienors 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 ill Type of ill Produced OR27781l;1 I I EXHIBIT D HEAL TH 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 CPR S191O.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) Emerg.ency Response Plan. OR277811;1