Loading...
HomeMy WebLinkAbout09197RESOLUTION NO. 9197 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND TERRACON, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE PHASED CORRECTIVE ACTION PLAN FOR THE BLITZ HANGAR BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Agreement for Professional Consulting Services associated with the phased corrective action plan for the Blitz Hangar, by and between the City of Pueblo, a Municipal Corporation, and Terracon, Inc., a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized and directed to execute said Agreement in substantially the same form as attached, for and on behalf of the City of Pueblo, and the City Clerk is hereby directed to attest same and affix the seal of the City thereto. SECTION 3 Funds for said Professional Services and reimbursable expenses and contingencies, in an amount not to exceed $25,000.00, shall be paid from the Economic Development Special Tax Fund, Account Number 413 -0000- 465.80 -50. INTRODUCED: January 8, 2001 By Corinne Koehler Councilperson ATTEST: _A V TOM D U D D City of Pueblo OFFICE OF THE CITY ATTORNEY 127 Thatcher Building PUEBLO, COLORADO 81003 MEMORANDUM TO: Members of the City Council and the City Manager FROM: Thomas J. Florczak, Assistant City Attorney DATE: January 5, 2001 RE: Blitz Hangar Corrective Action Plan - Professional Services As previously authorized by City Council, this office had retained a professional consultant, in anticipation of possible litigation to perform a preliminary evaluation of the environmental contamination upon the Blitz Hangar property resulting from its use and occupancy by ALM Aviation Labor Management, Inc. and ALM Aviation of Colorado, LLC (collectively "ALM "). The consultant, Terracon, Inc., performed this work and reported back findings indicating the presence of barium, chromium and volatile organic compounds in the soil and volatile organic compounds in the groundwater. The consultant also found the concrete floor of the Blitz Hangar contaminated with barium, chromium and certain volatile organic compounds. This site has shallow groundwater which flows relatively rapidly southward toward the Arkansas River. The consultant suspects that some of the contamination may have already moved off -site due to the action of flowing groundwater. ALM entered into a Compliance Order on Consent ( "Order ") with the Colorado Department of Public Health and Environment ( "CDPHE ") in December under which ALM admits no wrongdoing or responsibility for the contamination, agrees to pay $40,000.00 in administrative penalties to CDPHE, and will begin a characterization study and thereafter undertake corrective action in accordance with a process outlined in the Order. We are of the opinion that this process, if performed by ALM, will take a substantial period of time during which the Blitz Hangar property would continue to remain unavailable for occupancy. The City has the independent right to develop and submit its own Integrated Corrective Action Plan ( "ICAP ") to CDPHE to characterize the contamination and undertake sufficient remediation so that the Blitz Hangar could be leased again for productive use within, we believe, a few months. The CDPHE has informally indicated that it would cooperate with the City in such an endeavor. The enclosed Agreement authorizes the City to engage Terracon to undertake additional characterization work and prepare the ICAP submission to CDPHE on behalf of the City, at an estimated cost of $19,265.00. (The Resolution authorizes an expenditure of up to $25,000 to allow for contingencies.) If the City submits an ICAP to CDPHE, the City will be obligated to also reimburse CDPHE for its staff time in reviewing the ICAP. Although the actual cleanup plan is presently unknown, we would guestimate that the cost to perform the remediation could be between $20,000 to $50,000. The City may subsequently seek to recover all of these expenses from ALM pursuant to the environmental indemnification provisions of its lease for the facility. Irerracon 4172 Center Park Drive December 27, 2000 Colorado Springs, Colorado 80916 (719) 597 -2116 Fax: (719) 597 -2117 Thomas J. Florczak, Esq. Assistant City Attorney Office of the City Attorney City of Pueblo 127 Thatcher Building Pueblo, Colorado 81003 RE: Additional Services to Prepare an Phased Corrective Action Plan Blitz Hangar Property 32451 Walt Bassett Avenue Pueblo, Colorado Proposal Number P2300451 Dear Mr. Florczak: Terracon, Inc. (Terracon) appreciates the opportunity to submit this proposal to provide professional consulting services relative to the above referenced location. We understand that you are requesting Terracon to provide professional services to collect additional information regarding potential impact of soil and groundwater at the Blitz Hangar Facility (The Site) and to assist the City of Pueblo in preparing an Integrated Corrective Action Plan (ICAP) in a phased approach for the Colorado Department of Public Health and Environment (CDPHE). Terracon previously completed a draft Limited Phase II Environmental Assessment Report dated November 27, 2000. In the preliminary assessment, impacted soils and groundwater were observed. Based on our preliminary review of the aforementioned report, it appears that additional environmental assessment regarding the extent of impact of the subsurface soils and groundwater at the Site and surrounding area is needed. Terracon proposes to perform the following services. To expedite re- occupations of the building and to facilitate on -going approval by the CDPHE, Terracon proposes performing the additional services in a Phased approach. A copy of Terracon's Phase II report and the phased approach work plan will be submitted to CDPHE. A Arizona ■ Arkansas ■ Colorado ■ Georgia ■ Idaho ■ Illinois ■ Iowa ■ Kansas ■ Kentucky ■ Minnesota ■ Missouri ■ Montana Nebraska ■ Nevada ■ New Mexico ■ Oklahoma ■ Tennessee ■ Texas ■ Utah ■ Wisconsin ■ Wyoming Quality Engineering Since 1965 City of Pueblo [CAP Services Proposal Number P2300451 rev December 27, 2000 Terracon meeting with representatives of the CDPHE will be scheduled to discuss the work plan. Phase I is projected to begin in January 2001. A final report will be prepared at the close of Phase 111 along with recommendations for remediation if needed. However, after each Phase an interim report will be submitted to the City and CDPHE to obtain approval and facilitate expedited access to the facility. Phase I The first phase of this assessment will address concerns raised in the CDPHE report dated April 19, 2000. This report was issued after an inspection was performed at the Blitz Hangar by CDPHE on March 5, 2000. • Drill three (3) soil borings to bedrock inside or in the vicinity of the Blitz Hangar. One (1) soil boring will be advanced in the southeast corner inside of the hangar where pooling liquids were reportedly observed absorbing into the concrete. One (1) soil boring will be advanced directly outside and south of the main hangar doors based on the report that stated opened 55- gallon drums with paint waste were stored at this location. One (1) boring will be advanced in the gravel on the southwest corner of the fenced property based on reported drums and a poly tank having been stored north of this corner. • The exterior borings will be completed as groundwater monitoring wells and the interior boring will be backfilled with bentonite chips and grout. • Samples will be collected from the soils, groundwater, and one (1) from the concrete inside the Blitz Hangar. Phase II • In order to gather information regarding the extent of impacted soils and groundwater, one (1) soil boring will be advanced north of the hangar (upgradient), one (1) boring will be advanced southwest of the hangar, and one (1) soil boring will be advanced southeast of the hanger. One (1) soil sample will be collected from the concrete sump located south of the hangar. One (1) soil boring will be placed on the south side of Walt Basset Boulevard. 2 City of Pueblo ICAP Services Proposal Number P2300451 rev December 27, 2000 • These borings will be completed as groundwater monitoring wells. Phase III Terracon Based on the results from Phase II, additional borings may be required off site to gather information regarding the extent of the impact to soils and groundwater. Terracon recommends the following: • If soils or groundwater samples are reported to contain a higher concentration of VOC's or metals as outlined in the CDPHE Soil Guidance or the Colorado Groundwater Standards, additional groundwater monitoring wells will be installed at a further distance radially from the subject site. SCOPE OF SERVICES Based on our understanding of the Site and your objectives, Terracon proposes the following scope of professional services. The proposed work scope is intended to provide information for the CDPHE Integrated Corrective Action Plan and to be performed in the phased approach referenced above. 1. Terracon will prepare a Work Plan describing the objective of the additional subsurface investigation, sampling methods and procedures, data analyses and evaluation, and proposed cleanup criteria. A meeting with representatives from CDPHE will be arranged to discuss the Work Plan for the site. 2. Terracon will coordinate with the City and local utility companies regarding site access, utility locations and general site information. 3. Terracon will mobilize a truck mounted drill rig to the subject site on two (2), possibly three (3) different occasions to perform seven (7), possibly eight (8) soil borings. (As discussed below, six (6), possibly seven (7) of the soil borings will be completed as groundwater monitoring wells to enable groundwater sampling and estimation of local flow characteristics, e.g., flow direction.) The soil borings will be advanced to bedrock, estimated to range from 10 to 20 feet below ground surface (bgs), using 4 -1/4 inch inside diameter hollow -stem augers. 3 City of Pueblo ICAP Services Proposal Number P2300451 rev December 27, 2000 Terracon Soil samples will be collected at approximate 5 -foot intervals from each soil boring using a split -spoon sampler, and placed in glass sample jars. Soil samples will be screened in the field for the potential presence of hydrocarbon compounds using vapor headspace methodology and a PID. Soil samples exhibiting the highest PID reading will be submitted to the laboratory for VOC and metals analysis using EPA methods 8260 and 6010, respectively. Excess auger cuttings will be containerized pending laboratory analysis. Cleaning water generated during cleaning of drilling and sampling equipment will be containerized. Soil samples collected from each soil boring will be transported to our contract laboratory, under Terracon chain -of- custody (COC), and analyzed for the chemical compounds discussed above. 4. Groundwater monitoring wells will be installed in six (6) possibly seven (7) soil borings following drilling. The groundwater monitoring wells will be installed to depths of approximately 10 feet below the groundwater table and will be constructed of 2 -inch diameter PVC well materials. The wells will be completed with flush mount covers. The groundwater monitoring wells will be developed to prepare the wells for sampling using disposable bailers. The wells will be considered developed when three (3) to five (5) well volumes of water are removed and three (3) consecutive well volumes display pH, conductivity and temperature readings within 10 %. Water generated during well development will be containerized. 5. One round of groundwater samples will be collected after development of the wells using disposable bailers. Groundwater depths will be measured prior to development and sampling of the wells. The groundwater samples will be transported to our contract laboratory under Terracon COC and submitted for VOC's and metals using EPA methods 8260 and 6010, respectively. 6. Terracon personnel will measure the locations and elevations of the monitoring wells and groundwater elevations. The locations and elevations will be referenced to a site datum established for this project. This information, along with groundwater table 4 City of Pueblo [CAP Services Proposal Number P2300451 rev December 27, 2000 Terracon elevation measurements, will be used to provide information regarding the direction of groundwater flow within the vicinity of the monitoring well network. 7. Following receipt of analytical results for soil and groundwater, Terracon will submit an initial ICUP report that contains a summary of Site assessment activities, field observations, laboratory data, approximate groundwater flow direction within the study area, comparison of groundwater /soil analytical data to previous investigations and regulatory standards and guidance values, and conclusions and recommendations. The initial ICUP report will also contain a risk assessment that will identify, among other things, potentially exposed individuals, potential exposure concentrations and the associated potential exposure risks. The results of the risk assessment will be used to develop defensible remedial objectives and methods for the Site. FIELD METHODS Soil Borings and Well Installations To perform drilling services, Terracon will provide a truck - mounted rotary type drill rig with associated drilling equipment and experienced field personnel. We anticipate that hollow -stem augers will be required to maintain an open borehole for sampling and well installation. The wells will be installed with lockable, flush mounted well coverings. Prior to arriving at the Site, the drill rig and equipment will be cleaned using a high - pressure, hot water, power washer. A portable high - pressure, hot - water, power washer for use at the Site will be provided by the drilling company and the drilling and sampling equipment will be cleaned prior to performance of each boring to reduce the potential for cross contamination between boreholes. Electric power and a potable water source will be supplied by the City. Excess auger cuttings from the borings will be containerized and left on site. Wash water from the equipment cleaning and well development water will be containerized and left on site pending laboratory analysis. Safety Procedures We anticipate that the field services for this project will be performed under safety level D personal protective procedures. Terracon personnel utilized for this project will perform all work per Terracon's Health and Safety protocol. 5 City of Pueblo ICAP Services Proposal Number P2300451 rev December 27, 2000 ESTIMATE PEES Terracon Terracon proposes to perform the scope of work described herein on a time and materials basis for an estimated fee of $19,265. A breakdown of the estimated cost is provided below: Terracon Labor and Equipment $ 6,960 Contracting Drilling /Well Installation $ 7,130 Analytical Costs (10 soil and 7 groundwater samples) $ 5,175 It is estimated approximately $1,500.00 remains on the current contract. This money can be forwarded to this project. Services performed on this project will be invoiced based on the actual work performed in general accordance with our attached Terms and Conditions. If during the process of our work, items are encountered which require major revision to the scope of work described herein or will result in significantly higher cost, we will contact you prior to initiating such work. The fee schedule assumes that all field services would be performed under safety level D, personnel protected procedures and upgrading the required level of protection would result in higher unit fees, conditions and schedules. CONDITIONS Two (2) copies of this proposal are enclosed for your convenience. Please signify your acceptance of this agreement by signing and returning one (1) copy to Terracon. We can initiate services based on your oral notice to proceed; however, we request that a signed copy of this proposal be returned to Terracon. Terracon will promptly notify the City of conditions, which may result in changes to the project schedule. L City of Pueblo ICAP Services Proposal Number P2300451rev December 27, 2000 Terracon We appreciate the opportunity to be of service to the City of Pueblo Should you have any questions regarding the scope of services described herein, or if we may be of any further service, please do not hesitate to contact us. Respectfully submitted, TERRAC Sheila D. Hanks Environmental Scientist N: \PROPOSAL \P2300451 rev.doc Enc.: Fee Schedule and Terms and Conditions Copies to: Addressee (2) ACCEPTED BY: FOR: DATE: v City Pueblo January 8, 2001 C. Kirk Fraser, C.P.G. Principal 7 TC 1715=972117 P. @6 TERMS AND CONDITIONS TERRACON SECTION 1: SCOPE Of WORK: TERRACON shall perform the services defined in the contract and shall invoice the client for Those services at the fee schedule rates. Any cost estimates stated in this contract shall not be considered as a firm figure unless other - wi2a 00cwfically Stated in this contract. If unexpected Site condition3 are discovered, the Scope of work may change even 6a the worK is in progress. TERRACON will provide these additional services at :ne con fee schedule rate. Rates for work beyond the scone of this contract and not covered by :he contrac fee schedule can be provided. TERRACON can perform additional work with prior authorization, and will provide confirmation of fees. All costs incurred because of delays in authorizing the dQUitiurial wurk will :7e:bitled to the client. Fee scheduies are valid for :ne year following :he date of the contract unless otherwise noted. Initiation of services by 7ERRACON pursuant to this proposal will incorporate these terms and conditions. SFCTiON 9• ACCESS TO SITES, PERMITS AND APPROVALS? Unless otran Ise agmed. the client will furnisn TERRACON with right. of-access to the site in order to conduct the planned exploration. irYhile TERRACON will take ail reasonable precautions to minimize any damage to the property. it is understood by the client that in he normal course of work some damage may occur, the restoration cf which is not part of this agreement Unless otnerwiae agrood. the client will courre all necessary aporevalc, permits, licensee and consente neeeccary to the perform ante of the services hereunder. SECTION 3. SOIL BORING AND TEST LOCATIONS: The accuracy anc proximity of provided survey control will affect the accuracy of in- situ.test location and elevation determinations. Unless otherwise nctec. the accuracy of test locations and elevations will be commensurate only with pacing and approximate measurements or estimates. If greater accuracy is required, the services of a pro- fessional surveyor should be obtained. The Client will furnish.TERRACON with a diagram indicating the location of the site. Boring and test locations may also be indicated nn the diagram. TERRACON reserves the right to rloviat9 a r4asnnablo distance from the boring and test locations unless this right Is specifically revoked by the client in writing at the time the diagram is supplied, TERRACON reserves the right to terminate this contract if conditions preventing drilling at the specified locations are encountered which were not made known to TERRACON prior to the date of this contract. SECTION 4: UTILITIES: In the performance of its work. TERRACON wit: taKe all reasonable precautions to avoid damage or injury to subterranean structures or utilities. The client agrees to hard TERRACON harmless and indemnify TERRACON 'or any claims, payments or other liability, including costs and attorney fees, incurred by TERRACON for any damaces to subterranean structures or utilities which are not called to TERRACONS attention and correctly shown on the plans furnished to TERRACON. SECTION 5: UNANTICIPATED HAZARDOUS MATERIALS: It snail be the duty of the owner,.the client, or their representative to ad- vise TERRACON of any known or suspected hazardous substances whit~ are or may be related to the services provided: such hazard- ous substances include cut are not limitee to proaucts, materials. by procucts. wastes or samples of the toregoing which; I hgkAC:UN may be provided or obtain performing its services or which hazardous substances exist or may exist on or near any premises upon which work Is to be performed by TERRACON employees, agents or suCcomractors. If TERRACON observes or suspects the existence of unanticipated tia:ardcus materials during the coure of providing services, TERRACON may at its option terminate further work on the proiect and rtOtify client of the coridition. Services will, be resumed only after a renegotiation of scope of services and fees. in the event that such renegotiation cannot occur to the satisfaction of TERRACON. TERRACON may at its option terminate this contract. SECTION 6: DISPOSAL OF HAZARDOUS. MATERIALS AND CONTAMINATED EQUIPMENT. TERRACON does nut cicate, yenerale or at any time own or take possession or ownership of or arrange for transport. disposal or treatment of hazardous materials as a result of its exploration services. All hazardous :materials. including but not limited to samples. drilling fluids, decontamination fluids, development fluids, soil cuttings and tailings, and use disposabl protective gear and equipment, are the property of the client, ana responsibility nor proper tf -n anc disposal is Me .rent's unless prior contractuar arrangements are made. All laboratory and field equipment that cannot reaci)y and adequately be cieansed of its hazardous contaminants shall become the property and responsibility of the client. The client shall purchase all such equipment and it shall be turned over to the client for proper disposal unless prior alternate contractual arrangements are ^fade. SECTION 7: REPORTS AND INVOICES: TERRACON will furnish two copies cf the report to the client. Additional copies will be furnished at the rate specified in the fee schedule. TERRACON will subrr:it invoices to the client monthly and a final bill upon com- pletlon of services. Payment is due upon presentation of invoice and is past due thirty (30) days from the Invoice date. Client agrees to pay a finance charge of one and One -half percent (1 pe- month, but not exceeding the maximum rate allowed by law, on past due accounts. Client also agrees to pay all costs and expenses, incluciny reasonable attorney tees incurred by TERRACON relating to collection procedures on overdue accounts. Failure of client to abide by the provisions of this section will be considered grounds for termination of this agreement by TERRACON. C Ij f. SECTION 8: OWNERSHIP'OF DOCUMENTS. All retorts. boring fogs. field data field notes. laboratory test da calculations, estimates, and other documents prepared by TERRACON as instruments of service. shall remain the property of es estimates, SECTION 9: CONFIDENTIALr. r. TERRACON shall hold confidential ail busires3 or technical information obtained from the client or his affiliates or generated in the performance of services under this agreement, kie'. TERRACON shall not disclose such information without the client's consent except to the extent required for: 1) Performance of services under this agreement; 2) Compliance with professional or ethical standards of conduct for preservation of public safety. health, and welfare; 3) Compliance with any court order or other governmental directive and/or. a) Protection of TERRACON against claims or liabilities arising from performance of services under this agreement. TERRACON'S obligation hereunder shall not apply to information in the public domain or lawfully acquired on a non - confidential basis from others. SECTION 10. STANDARD OF CARE: Seriyk;vr i yerfvrrried by TERRACON under MIS agreement will oe conducted in a manner con• sistent with that level of care and skill ordinarily exercised by memners of :he profession currently practicing under similar condi- tions in the same locale. No other warranty, express or implied is mace or intended by the proposal for consulting services or by furnishing oral or written reports of the findings made. The client recognizes that subsurface conditions may vary from those en- countered at the location where borings. surveys. tests or explorations are mace by TERRACON and that the data, interpretations and recommendations of TERRACON are based solely upon the data available to TERRACON. TERRACON will be responsible for those data interpretations, and recommendations. but shall not ho rPennncl� i� _- 09 :19 FFCM ]AGuEK LAW 0FF:Cc 1719597c1i? P.79 SECTION 11: SAFETY. TERRACON has adopted safety policy prccedures for its personnel when providing services at known or suspected hazardous waste sites. TERRACON personnel will adhere to these prccedurss as site conditions require. A copy of the "Safety Policy Procedures for EnvironmentaUMazardous Waste Projects' is on file with the corporate safety officer and Is available for review. Terracon is not responsible or liable for injuries or damage incurred by third parties who are not employees of Terracon. it is understood that Terracon will not be responsible for job or site safety of the project. Job and site safety will be the sole respon. sibility of Une contractor unless contracted 'a others. SECTION 12: SUBPOENAS: The client is responsible, after notification, for payment of time charges and expenses resulting from the required response by TERRACON to subpoenas issued by any party other than TERRACON in conjunction with work performed under this contract. Charges are based on fee schedules in effect at the time the subpoena is served. SEt:r iON 13: LIMITATION Ot- LIABILITY: The client agrees to limit TERRACON'S liability to the owner and all onstruction contract tors and subcontractors on the project arising from TERRACON'S professional acts, errors, or omissions o breach of contract or other cause of action, such that the total aggregate liability of TERRAC N to all `.hose named small not exceed and client hereby releases TERRACON from any liability above such amount. The client further agrees to require of the contractor and his subcontractors an Identical limitation of TERRACONS liability for damages suffered by the contractor or the subcontractor arising from TERRACON'S performance of services.. Neither the contractor nor any of his subcontractors assumes any liability for damages to ethers which may arise on account of TERRACONS professional acts, errors or omissions. SECTION 14: INSURANCE: TERRACON carries worker's compensation and employer's liability insurance and has coverage under public liability and property damage insurance policies. Certificates for all sucft policies of Insurance will be provided to client upon request. Within the limits and conditions of such insurance. TERRACON agrees to indemnify and save client harmless from and against any loss, damage, injury or liability arising from any negligent acts of TERRACON, Its employees, agents, subcontractors and tneir employees and agents. TERRACON shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. TERRACON shall not be responsible for any loss, damage or liability arising from any acts by a client, its agents, staff, consultants employed by others, or other third parties whn are nmt ampinynre of TFRRAC'nN SECTION 15: INDEMNITY: The client acknowledges that TERRACON has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substances or conditions at the site. Accordingly, 9%- cept as expressly provided in this contract. the Client waives any claim against TERRACON and agrees to indemnify and save TER - BACON, its agents, snd employees harmless from any claim, liability or defense cost, including but not limited to attorney fees and other !ncidental costs, for injury or loss sustained by any parry from such exoosures allegedly arising out of or related to TERRACON'S performance of services hereunder. Client and TERRACON agree that they will not be liable to each other, under any circumstances, for special, consequential or punitive damages arising out of or related to this Contract. SECTION 16. TESTING AND OBSERVATION SERVICES: if TERRACON is retained by Client to provide a site representative for the purpose of testing or observing specific portions of the work or other field activities as set forth in the proposal, then this section applies. For the specified assignment, TERRACON will report test results, observations and professional opinions to Client. The presence of TERRACON field representatives will be for the purpose of omviding fielC testing and observation. Our work does not include supervision or direction of the actual work of the Contractor, his employees or agents. The Contractor for this project should be so advised. The Contractor should also be Informed that neither the presence of our field representative nor the testing and observation by our firm shall eai;use trim ir: any way for detects discovered in his wor%, The term, 'observation", implies that we would observe the progress of the work we have agreed to be involved with and perform tests from which to develop an opinion as to whether the work essentially complies with the job requirements. with any manufactured product there are statistical variations in its uniformity and the accuracy of tests used to measure Its qualities. As compared with other manufactured products, field construction usually has wider fluctuations in both product and test results. Thus, even with very careful testing and observation, it cannot be said that all pans of the product comply with the job requirement. Our proposal is for the scone of services rPrtuPstarf by niir Client. The aearee of certainty for compliance with project ePecificationc is much greater with full time observation than it is with intermittent ooservation. SECTION 17: SAMPLES: TERRACON will retain all soil and rock samples that are transported to TERRACON labordtorles for 60 days after submission of the report. Further storage or transfer of samples can be made at client expense upon written -request. SECTION 18: SEVERABILITY. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. SECTION 19: TERMINATION: Thic Agrearnent moy be terminated by either parry upon seven ;7I days written notice ill tine event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shalt not be effective if that substantial failure has been remedied Defore expiration of the period specified in the written notice. to the event of termination, TERRACON shall be paid for services performed to the termination notice Cate plus reasonable termination expense. Expenses of termination or suspension shall Include all dhect costs ur TERRAC^N requtrec to complete analyses and recores necessary to complete its files and may also include a report on the services performed to the date of notice of termination or suspension. , 0 SECTION 20 , ASSIGNS: Neither the client nor TERRACON may delegate. assign, subwr.te cr transfer its duties or interest in this Agmarnant without the written consent of the otmiar party. SECTION 21: PRECEDENCE: These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding TERRACON'S services. TERRACON ENVIRONMENTAL SERVICES FEE SCHEDULE PROFESSIONAL SERVICES Hourly Rate Principal......................................................................................................................................... ............................... ...................... $115.00 -145.00 SeniorProject Manager ........................................................................................................................ ............................... ...................95.00 -120.00 ProjectManager .................................................................................................................................... ............................... ...................75.00 -100.00 ProjectProfessional ......................................... ......................................................................................................................................... 50.00 -80.00 StaffProfessional ............................................................................................................................ ............................... ..........................50.00 -70.00 RemediationSpecialist ................ ....................................... .............. ........................................................................................................ 55.00 -80.00 Technician....................................................................................................................................... ............................... ..........................40.00 -65.00 CAD /Draftsperson ............................................................. ................................................ ...................... ................................................. 40.00 -65.00 Clerical......................................................... .......................................... ..................................... ................... ........................................... 35.00 -45.00 Services of Senior Principal Level /Professional Staff when cost + 15% dealing with high level technical and /or legal issues ...................................................................... ............................... ........................150.00 - 200.00 FIELD EQUIPMENT RENTAL EQUIPMENT $1600 /day Direct Push Sampling with Operator ........ ......................$900 Unit Price' Steam Cleaner with generator .......... ............................... $135.00 /day Concrete Coring ........ ............................... ..........................70.00 /hour Asphalt Coring .......... ............................... ..........................70.00 /hour 2" submersible Pump ........................... ............................... 55.00 /day Interface Probe .................................... ............................... 30.00 /day Water Level Indicator, 100 feet ............ ............................... 25.00 /day Groundwater Sampling Equipment (SS bailers, decontamination supplies) ............................................ ............................... cost + 15% Data Logger /Pressure Transducer .... ............................... 200.00 /day Generator............................................ ............................... 75.00 /day Explosivity /C2, SC, pH, D.O. Meter ..... ............................... 40.00 /day Photoionizer (PID) ............................... ............................... 90.00 1day Trimeter............................................... ............................... 30.00 /day DIRECT PUSH SYSTEM Direct Push Sampling with Operator .. ............................... $1600 /day Direct Push Sampling with Operator ........ ......................$900 /half day Mobile GC Laboratory Van with Operator .......................... $1850 /day Direct Push and Laboratory Expendable Supplies ............ cost + 15% SAFETY EQUIPMENT PROCEDURES Unit Price A. Personal Protective Equipment I•••......••...• .•••...• •..•••• $65.00 /day (Includes standard tyvek, hard hat, safety glasses, boots, and gloves) B. Personal Protective Equipment II•,.•••• ••.•.••. .••..••••.. $75.00 /day (Includes polycoated tyvek, hard hat, safety glasses, boots, and gloves) C. Supplies, additional Disposable Garments, Air Bottle Filling, Air Purifying Cartridges, etc ............ ...........................cost + 15% D. Environmental Safety Trailer 1 . Mobilization ..................150.00 + 1.45 /mile ($275.00 min.) 2. Long -term Site Use ....... ............................... $300.00 /week E. Specialized Monitoring & Respiratory Equipment .... (cost + 15 %) DRILLING AND MONITOR WELL INSTALLATION MOB/DEMOB COSTS & INITIAL LOCATION A. Hourly Charge and Travel Time Charges for Field Personnel and Drilling Equipment 1. Mob /demob - 2 -man crew ................$70 /hour + 2.60 /mile Auger Rig With 2 Men Straight Time ................150.00 /hour Overtime ..... ............................... ....................190.00 /hour 2. Additional Charge for a non -truck mounted rig... 200.00 /day 3. Support Vehicle a. 1/2 ton (or less) pickup .............. 50.00 /day + 0.47 /mile b. 3/4 ton pickup or flatbed......... 115.00 /day + 0.60 /mile c. Water truck ............................ 11 5.00 /day + 0.75 /mile B. Direct Expense Items Rig Cleaning, Including Tools, Augers and Samplers 1. Entrance or Exit .......................... ....................130.00 /hour 2. HPHW Washer ....................... .........................115.00 /day 3. High Pressure, Hot Water Washer With Gen . .... 150.00/day 4. Cleaning Station - Trailer Mounted .....................180.00 /day 5. Grout Unit and Pump ................. .....................120.00 /day 6. Continuous Hollow Stem Sampling System (CHSSS) Unit ................... ............................... .....................50.00 /hour 7. Liners and caps . .................. ...........................cost + 15% 8. Hollow stem augers a. 4 -1/4" Inner Diameter ............ ......................50.00 /day b. 6-1/4" Inner Diameter ............ ......................75.00 /day c. 8-1/4" Inner Diameter ........... .....................100.00 /day d. 10 -114 " Inner Diameter .............................1 25.00 /day 9. Rock Coring Surcharge a. NX Core .............. ......................5.00 /foot min. footage C. Cost of Special Equipment for Moving Drilling Equipment About the Site or for Special Permits ............................. cost + 15% 1. On -site containerization of cleaning fluids, drilling fluids or augers tailings (DOT 55- gallon drums included) for on -site storage ..................... $85.00 /drum excluding disposal fees 2. Materials and Supplies ......... ...........................cost + 15% 3. Expendable Safety and /or Sampling Supplies ....cost + 15% DIRECT CHARGES PerDiem and Lodging ......................................................................................................... ............................... $35.00 /day + cost of lodging Automobile or Pick- up ............................................................................................ ............................... $0.50 1mile or $150.001week minimum 4 -Wheel Drive Vehicle ............................................................................................ ............................... $0.75 /mile or $220.00 /week minimum All other direct project expenses, i.e. equipment rental, laboratory services, contract drilling, commercial travel, bulk reproduction, specialized safetyequipment etc ......................................................................................................... ............................... ...........................cost + 15% Provide on -site field laboratory facilities and test equipment ............................................................... ............................... Quotation on Request 'Weekly rates available on request for equipment rental GEOTECHNICAL AND MATERIALS ENGINEERING SERVICES ......................................... ............................... Fee Schedule Available on Request COLORADO SPRINGS N:\PUBLIME NV00FEEDOC Revised January 2000 Irerraco