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PR13303: TERRACON SERVICES
To: Steve Fitzgibbons, City Manager ~ ~)'~' From: Dolls Gilt, Brownfields Manager~,~'~- Date: December 1, 2005 Subject: Terracon Agreement for Services- Proposed Resolution No. 13303 Recommendation I recommend that the City Council adopt Proposed Resolution No. 13303, which approves Terracon, Inc. as the provider of professional environmental services for the new Brownfields Grant BF-96601301-0. The amount of this agreement with Terracon, Inc. will not exceed $130,000. BackRround On May 25, 2005, the Environmental Protection Agency Brownfields Program approved a grant award to the City of Port Arthur in the amount of $200,000. These funds will be used to continue environmental assessments in our city. Wehad used Terracon, Inc. since July 2003 under our original Brownfields grant. After a review of proposals, Terracon, Inc. was selected as the company to provide services under the new grant award. Bud~letary/Fiscal Effect: The United States Environmental Protection Agency awarded the City of Port Arthur $200,000 for environmental assessments to be used during the period July 20, 2005-SePtember 30, 2007. The grant award number is BF-96601301-0 Summary I recommend that the City Council adopt Proposed Resolution No. 13303, and accept Terracon, Inc. as the service provider. The cover letter attached to the contract gives specific details of services beyond the assessments of properties selected during this two year grant period. C: Mark Sokolow Van Green 'll'err can December 2, 2005 Conaultlng Engineers & Scientists Terracon Consul~n~. Inc, 11555 Clay Road, Sure 1~ Mr. M~k T. Sokolow ~us~, T~s 77~3 City AAomey Phone 713.6~.8989 C~ty O~ ~O~ ~ F~ 713.690.8787 ~.te~acon.~m P,O. 9ox ]089 ~oA ~, Tcx~ 77641-]089 Re: AG~E~NT FOR PRO~SSIONAL SER~CES Bro~flalds Site ~sessment P~ot Jefferson Coun~ - Port A~ur, Texas Dear Mark: In response to your request today, this letter provides further description of thc professional environmental consulting services Terracon will be providing the City with regards to the City's planned purchase of the Port Iron site fi.om KCS, and any adjacent propexty to that site. Based on the environmental impacts that have been found at the Port Iron site, closure through the Texas Commission on Environmental Quality (TCEQ) following the Texas Risk Reduction Program (TRRP) will be required. There are several steps involved to achieve site closure through the TCEQ, and Terracon will be assisting the City in this regard. Terracon's services are anticipated to include the following: · Working with the City and KCS to develop a closure strategy for Port Iron · Performing the TRRP - required Affected Property Assessment Report (APAR) · Preparing the TRRP - required Response Action Plan (RAP) · Assisting with negotiations to achieve TCEQ acceptance of the closure plan · Coordinating with the City's consultant, DIKITA, as to the environmental remediation of the West Side. Terracon looks forward to assisting the City in obtalffmg successful closure of the Port Iron site, and achieving your Brownfield Program goals. Please feel free to contact me if you need anything further, or have a question. Sincerely, Terracon Delivering Success for Clients end Employees Since 1965 More Than 70 Offices Nationwide 11-29-05 DJG RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND TERRACON, INC. FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE EPA BROWNFIELDS ASSESSMENTS IN AN AMOUNT NOT TO EXCEED $130,000; FUNDING AVAILABLE IN ACCOUNT 113-1429-582.54 WHEREAS, the City has been awarded a new Brownfields Assessment grant from the U. S. Environmental Protection Agency (Agreement No. BF-96601301-0) in the amount of $200,000; and WHEREAS, this grant is for the continued testing of Brownfields property; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ART~u~: THAT the c~ty Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City an agreement between the City of Port Arthur and Terracon, Inc. to provide certain professional services associated with the Port Arthur Brownfields assessment grant in substantially the same form as Exhibit ~ A". THAT the total contract amount is not to exceed $130,000. THAT funding for the professional services contract is provided by the grant in Account No. 113-1429-582.54 THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED ANDAPPROVED on this day of , A.D., 2005, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:. Mayor , City Council , NOES: OSCAR ORTIZ, MAYOR ATTEST: EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEPHEN FITZGIB~ONS, CITY MANAGER APPROVED AS TO THE AVAILABILITY OF FUNDS: REBECCA UNDERHILL, DIRECTOR OF FINANCE Exhibit "A" AGREEMENT FOR PROFESSIONAL SERVICES for Brownfields Site Assessment Pilot Jefferson County - Port Arthur, Texas THIS IS AN AGREEMENT made as of December 7, 2005, between: The City of Port Arthur, Jefferson County, Texas (hereinafter referred to as "CITY") and Terracon Consultants, Inc, an Iowa-based corporation with its principal place of business in Lenexa, Kansas_hereinafter referred to as "ENVIRONMENTAL CONSULTANT". WHEREAS the CITY intends to acquire professional services associated with the EPA 'BROWNFIELDS ASSESSMENT DEMONSTRATION PILOT STUDY hereinafter referred to as "PROJECT", and, WHEREAS THE ENVIRONMENTAL CONSULTANT represents that it has the necessary personnel and facilities to provide the professional services described and, WHEREAS the ENVIRONMENTAL CONSULTANT desires to contract with the CITY for the purpose of rendering professional services for the PROJECT. NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained the CITY and the ENVIRONMENTAL CONSULTANT do hereby covenant and agree as follows: SECTION I - DESCRIPTION OF SERVICES 1.1 General 1.1.1 ENVIRONMENTAL CONSULTANT agrees to provide professional services for the PROJECT as more completely described in Addenda to this agreement. 1.1.2 ENVIRONMENTAL CONSULTANT Agrees To Provide All Professional Services within a reasonable period of time following the date of authorization to proceed by CITY. If a special time schedule must be met for a PROJECT, it shall be specifically set forth by Addenda to thi~ Agreement. 1.2 Pertaining To The ENVIRONMENTAL CONSULTANT's Services Agreement for Professional Services TERRACON 1.2.1 ENVIRONMENTAL CONSULTANT agrees to perform all services in a thorough and professional manner and to hold CITY harmless from any liens for materials and labor furnished by ENVIRONMENTAL CONSULTANT in connection with the work under this agreement. 1.2.2.1 Insurance All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by CITY. The ENVIRONMENTAL CONSULTANT shall, at his own expense, purchase, maintain and keep in fome insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits [no insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount (or specific formula for determining a specific dollar amount) aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance]: 1. Standard Worker's Compensation Insurance (with Waiver of Subrogation in favor of the City of Port Arthur, its officers, agents, and employees.) 2. Commercial General Liability occurrence type insurance. (No "XCU" restrictions shall be applicable.) Products / completed operations coverage must be included, and the City of Port Arthur, its officers, agents, and employees must be named as an additional insured. a. Bodily injury $500,000 single limit per occurrence or $500,000 each person/S500,000 per occurrence. b. Property Damage $100,000 per occurrence. c. Minimum aggregate policy year limit $1,000,000. 3. Commercial Automobile Liability Insurance (including owned, non-owned and hired vehicles coverage). a. Minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 2 Agreement for Professional Services TERRACON 4. Contractual Liability Insurance covering the indemnity provision of this contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract. 5. ENVIRONMENTAL CONSULTANT also agrees to maintain Professional Liability Insurance coverage of $250,000 minimum per occurrence/policy year aggregate limit to cover claims against ENVIRONMENTAL CONSULTANT for damages arising in the course of, or as a result of, work performed under this Contract. Coverage shall continue for a minimum of-two (2) years after the ENVIRONMENTAL CONSULTANT'S assignment under this Contract is completed. Additional Professional Liability Insurance required is $1,000,000 per claim/aggregate. Deductible on policy for Professional Liability shall not exceed $5,000 unless specifically approved by the CITY. 1.2.2.2 Professional Liability A. ENVIRONMENTAL CONSULTANT shall be responsible for the use and employment of reasonable skill and care befitting the profession in the designs, drawings, plans, specifications, data, reports and designation of materials and equipment provided by ENVIRONMENTAL CONSULTANT for the project covered by this Contractor. Approval by CITY shall not constitute nor be deemed a release or waiver of the responsibility and liability of ENVIRONMENTAL CONSULTANT for the accuracy and competency of such designs, drawings, plans, specifications, data, reports and designation of materials and equipment. B. If services include periodic visits to the site to inspect work performed by another contractor, ENVIRONMENTAL CONSULTANT is responsible for exercising reasonable care and skills befitting the profession to assure that the Contractor performs the work in accordance with contract documents and to safeguard the CITY against defects and deficiencies in the work. 1.2.2.3 Indemnification ENVIRONMENTAL CONSULTANT shall comply with the requirements of all applicable laws, rules, and regulations in connection with the services of ENVIRONMENTAL CONSULTANT and shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees form any and ail liability, loss or damage arising out of 3 Agreement for Professional Services TERRACON noncompliance with such laws, rules and regulations; without limitation, ENVIRONMENTAL CONSULTANT shall assume full responsibiJity for payments of federal, state and local taxes or contributions imposed or required under the Social Security, Worker's Compensation, and Income Tax Laws with respect to ENVIRONMENTAL CONSULTANT'S employees. Further, ENVIRONMENTAL CONSULTANT shall exonerate, indemnify and hold harmless the CITY, its officars, agents and employe~s from any and all liability, loss, damages, expenses, or claims arising out of the negligence of ENVIRONMENTAL CONSULTANT, its officers, agents and employees in connection with any of the work performed or to be performed under this contract by ENVIRONMENTAL CONSULTANT or as a result of ENVIRONMENTAL CONSULTANT'S failure to use and employ reasonable skill and care befitting the profession. Further, ENVIRONMENTAL CONSULTANT shall exonerate, indemnify and hold harmless the CITY, its officers, agents, and all employees from any and all liability, loss, damages, expenses or claims for infringement of any copyright or patent arising out of the use of any plans, designs, drawings, or specifications furnished by ENVIRONMENTAL CONSULTANT in the performance of this contract. The foregoing indemnification provision shall apply to ENVIRONMENTAL CONSULTANT regardless of whether or not said liability, loss, damages, expenses, or claims is caused in part by a party indemnified hereunder. 1.2.2.4Insured Parties: Each policy, except those for Workers' Compensation, Employer's Liability and Professional Liability (if applicable), must name the City and its officers and employees as additional Insureds on the original policy and all renewals or replacements during the term of this Contract. 1.2.2.5Deductables: Environmental Consultant shall be responsible for and pay any claims or losses to the extent of any deductible amounts and waives any claim it may ever have for same claims against the City, its officers, or employees. 1.2.2.6 Cancellation: Each policy, with the exception of Professional Liability (if applicable), must expressly state that it may not be cancelled, non-renewed or materially changed unless thirty-days advance written notice is given to the City by the insurance company. Professional liability policies must state that they may not be canceled; non-renewed; or have their limits of liability or types of coverage reduced by endorsement or materially changed unless 30 days advance notice is given to the Brownfields Program Manager. 1.2.2.7 Environmental Consultant shall give written notice to the City of Port Arthur within five days of the date upon which total claims by any party against ENVIRONMENTAL CONSULTANT reduce the aggregate amount of coverage below the amounts required by the Contract. Environmental Consultant agrees 4 Agreement for Professional Services TERRACON to maintain the requisite coverage dudng the entirety of performance under this contract. 1.2.2.8tn the alternative to .7 above, the policy may contain an endorsement establishing a policy aggregate for the particular project or location subject to this Contract. 1.2_3 ENVIRONMENTAL CONSULTANT intends to tender services under this Agreement in accordance with generally accepted professional practices for the intended use of the PROJECT and makes no warranty either express or implied. 1.2.4 ENVIRONMENTAL CONSULTANT reserves the right to enter into agreements with other service professionals for portions of the work included under this Agreement. ENVIRONMENTAL CONSULTANT shall receive prior approval of CITY for any sub-agreement. 1.2.5 CITY acknowledges that ENVIRONMENTAL CONSULTANTS reports, field data, field notes, laboratory test data, calculations, estimates, plans, specification, and other similar documents are instruments of professional service, not products. Although Ownership of such documents normally is retained by ENVIRONMENTAL CONSULTANT, they nonetheless shall in this instance become the property of CITY. ENVIRONMENTAL CONSULTANT may retain copies of the documents as necessary. 1.2.6 Whenever the CITY elects to enter into any contract or agreement with any person or entity other than ENVIRONMENTAL CONSULTANT for the performance of services on the PROJECT, ENVIRONMENTAL CONSULTANT will not be responsible for the acts or omissions of said persons or entity at the site or otherwise performing such services. This includes those parties for whom the ENVIRONMENTAL CONSULTANT is providing coordination. Neither the ENVIRONMENTAL CONSULTANT'S authority to act under the Contract Documents or under this Agreement nor any decision made by ENVIRONMENTAL CONSULTANT in good faith either to exercise or not to exercise such authority shall give rise to any duty or responsibility of ENVIRONMENTAL CONSULTANT to third parties or any of their agents or employees or any other person performing any services for the CITY. 1.2.7 ENVIRONMENTAL CONSULTANT has not been retained or compensated to provide design and construction review services relating to safety precautions or to means, methods, techniques, sequences, or procedures, all as may be required for any person or entity other than the ENVIRONMENTAL CONSULTANT to work perform work for CITY, including but not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods or temporary bracing methods. 5 Agreement for Professiorrat Services TERR,ACON 1.2.8. ENVIRONMENTAL CONSULTANT agrees to comply with all applicable requirements included in the CITY's Brownfields Site Assessment Pilot Program grant. 1.2.9 Original documents, notes, and the like, except those furnished to ENVIRONMENTAL CONSULTANT by CITY, represent the ENVIRONMENTAL CONSULTANT's cumulative knowledge and are, and shall remain, the property of ENVIRONMENTAL CONSULTANT and shall not constitute the work product of this Agreement. 1.2.10 The ENVIRONMENTAL CONSULTANT will indemnify, keep and save harmless CITY, and its officers, against all suits or claims that may be based on any injury to persons or properly caused by a negligent act, error, or omission, or otherwise arising out of the performance of this Agreement for Professional Services by ENVIRONMENTAL CONSULTANT, or any person, corporation, or other organization employed, retained, or engaged as a sub-consultant by the ENVIRONMENTAL CONSULTANT. The ENVIRONMENTAL CONSULTANT shall also maintain commercial general liability insurance naming CITY, and its officers, as additional insureds. The CITY and ENVIRONMENTAL CONSULTANT have evaluated the risks and rewards associated with this PROJECT, including ENVIRONMENTAL CONSULTANT's fee relative to the risk assumed, and agree to allocate certain of the risks so, to the fullest extent permitted by law, ENVIRONMENTAL CONSULTANT's total liability to CITY is limited to $1,000,000.00 for any and all damages or expenses arising out of this agreement from any cause(s) or under any theory of liability. 1.2.12 If asbestos or hazardous substances in any form are encountered or suspected, the ENVIRONMENTAL CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation, if asbestos is suspected, ENVIRONMENTAL CONSULTANT will, if requested, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected, ENVIRONMENTAL CONSULTANT will, if requested, conduct tests to determine the extent of the problem and will ped'orm the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. Client recognizes that ENVIRONMENTAL CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than ENVIRONMENTAL CONSULTANT. 1.2.13 In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. Agreeme.~t for Professional Services TERRACON These conditions and cost/execution effects are not the responsibBty of ENVIRONMENTAL CONSULTANT. 1 2.14 E×cept for the cost of services provided by the ENVIRONMENTAL CONSULTANT in providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, ENVIRONMENTAL CONSULTANT has no control over cost or price o[ labor and_.materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, .ENVIRONMENTAL CONSULTANT makes no warranty that CITY'S actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from ENVIRONMENTAL CONSULTANT'S opinions, analyses, projections, or estimates. 1.2.15 Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENVIRONMENTAL CONSULTANT is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 1,2.16 The ENVIRONMENTAL CONSULTANT accepts the applicable FY2000 Minority Business Enterprise (MBE)NVomen's Business Enterprise (WBE) "fair share" goals/objectives negotiated with EPA by the Texas Commission on Environmental Quality as follows: MBE GOAL WBE GOAL Construction 0% 0% Supplies 5% 7.6% Services 8.4% 11.6% Equipment 5% 7.6% 1.3 Pertaining To The City 1.3.1 CiTY will provide at CITY'S expense and to the extent that it exists or is available to the city (unless ENVIRONMENTAL CONSULTANT has specifically included them in Addenda to this Agreement) and in such a manner that ENVIRONMENTAL CONSULTANT may rely upon them in the performance of his services under this Agreement, all criteria, design, and construction standards including full information as to CITY'S requirements for the PROJECT. Not withstanding anything to the contrary in this agreement, the City shall not be responsible for providing this information that the city does not already have or which is not readily available to 7 Agreement for Professional Services TERRACON the city and under no circumstances will the City be responsible for providing information for which there is no funding available under the City's Brownfields Assessment Pilot Program Grant. Such information may include bu~ not be limited to: a. A complete survey of the PROJECT site(s~ which shall include but not be limited to easements, right-of-way, encroachments, zoning and deed restrictions, existing buildings and improvements. b. Permits and approvals from any CITY authority having jurisdiction over the PROJECT. 1.3.2 CITY shall designate a person authorized to act as CITY'S representative to receive and examine documents submitted by ENVIRONMENTAL CONSULTANT and such designa'~ed person shall be empowered to interpret CITY'S policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of ENVIRONMENTAL CONSULTANT'S services. 1.3.3 Provide full and free access for ENVIRONMENTAL CONSULTANT to enter upon all properly required for the performance of ENVIRONMENTAL CONSULTANT'S services under this Agreement. In the event that access cannot be obtained, the CiTY reserves the right to terminate this Agreement. 1.3.4 Give prompt written notice to ENVIRONMENTAL CONSULTANT whenever CITY observes or otherwise becomes aware of any defect in the PROJECT or other event which may · substantially affect ENVIRONMENTAL CONSULTANT"S performance of services under this Agreement. SECTION II - COMPENSATION FOR SERVICES 2.1 General 2.1.1 CITY shall compensate ENVIRONMENTAL CONSULTANT for services rendered under this Agreement. The method of compensation for said services shall be as set forth in Addenda to this Agreement. Under no circumstances shall the compensation or expenditure under this agreement exceed the funding available under the Brownfields grant for the respective items or services. Further, the total aggregate of all compensation and expenditure under this agreement shall not exceed the total funding available under this grant, which is $130,000.00. In addition, the City of Port Arthur's project administrator must pre-approve all work to be performed by ENVIRONMENTAL CONSULTANT under this grant in the form of work orders. Such work orders will authorize ENVIRONMENTAL CONSULTANT to perform one or more tasks shown on Exhibit A to this agreement with specific information as to location and type of work to be 8 Agreement for Professional Services TERRACON performed, scope of work, time for completion, and total itemized cost associated with the work order. At leastone work order will be issued by the city. Under no circumstances will any term or condition of any work order be binding on the city that increases the rate of payment as specified herein or which purports to waive or cancel any of ENVIRONMENTAL CONSULTANTS duties under this agreement. Any changes to the work order shall be enacted by a written supplemental work order, before additional or changed work may be performed or additional costs incurred. Such work orders must be signed by the City of Port Arthur's Brownflelds project manager and the ENVIRONMENTAL CONSULTANT to be effective. The city shall not be responsible for any expenditures or costs incurred by the ENVIRONMENTAL CONSULTANT relating to additional work not directly associated with the performances of a work order. All work must be completed on or before the completion date specified in the work order. The ENVIRONMENTAL CONSULTANT shall promptly notify the city of any event which will affect completion of the wort( order. 2.1.2 Payments for Services are due thirty (30) days from the date of invoice for actual environmental consulting services furnished unless another schedule of payments is agreed upon, by Addenda. 2.1.3 Where CITY disputes some podion of the charges contained in ENVIRONMENTAL CONSULTANT'S bill for services, CITY shall make payment of the portion of the bill which is undisputed and shall notify ENVIRONMENTAL CONSULTANT in writing of the reason for the dispute. In no case may CITY elect to withhold an undisputed payment to ENVIRONMENTAL CONSULTANT other than statutorily required retainage. This would constitute a failure to make payment. 2.1.4 If CITY fails to make any payment due ENVIRONMENTAL CONSULTANT for services and expenses after receipt of ENVIRONMENTAL CONSULTANT'S bill therefore, the amounts due ENVIRONMENTAL CONSULTANT shall bear interest from the date of receipt of the invoice plus 30 days at the rate set forth in this agreement, which is one (1) percent per month not to exceed twelve (12) percent per year at the principal place of business of the ENVIRONMENTAL CONSULTANT. ENVIRONMENTAL CONSULTANT may waive interest at its discretion. In addition ENVIRONMENTAL CONSULTANT may, after giving ten (10) days written notice to CITY, suspend services under this agreement until paid in full all amounts due under this agreement. 9 Agreement for Professional Services TERRACON SECTION III - GENERAL PROVISIONS 3.1 General 3.1.1 This Agreement is the result of final negotiations between CITY and ENVIRONMENTAL CONSULTANT and represents the entire and integreted Agreement between CiTY and ENVIRONMENTAL CONSFJLTANT for the PROJECT and supereedes all prior negotiations, representations or agreements, either written or orel. This Agreement may be amended only by written instrument signed by both CITY and ENVIRONMENTAL CONSULTANT. 3.1.2 Neither party shall hold the other responsible for damages or delay in performance by acts of God, strikes, lockouts, accidents, or other events beyond the reasonable control of the other or other's agents. However, when these delays require CITY to authorize additional work to be performed by ENVIRONMENTAL CONSULTANT, ENVIRONMENTAL CONSULTANT shall be entitled to additional compensation at the prevailing "Fee Schedule Rates" or as otherwise agreed to between CITY and ENVIRONMENTAL CONSULTANT. 3.1.3 This Agreement may be terminated by either party for any reason. No such termination may be effected unless the other party is given not less than ten calendar days written notice of intent to terminate. If CITY terminates as a result of ENVIRONMENTAL CONSULTANT'S default, any payment due ENVIRONMENTAL CONSULTANT at the time of termination may be adjusted to the extent of any additional cost of the CITY incure due to ENVIRONMENTAL CONSULTANT'S default. ENVIRONMENTAL CONSULTANT shall be paid for services performed as of the date notification of intent to terminate is received, including reimbursable expenses due. Upon receipt of the notice of intent to terminate, ENVIRONMENTAL CONSULTANT shall promptly discontinue all services unless the notice directs otherwise, and upon receipt of final compensation make available to CITY all appropriate documents prepared under the Agreement whether completed or in process. 3.1.4 Subconsultants: ENVIRONMENTAL CONSULTANT shall not subcontract any part of its contract without approval by the City of Port Arthur. ENVIRONMENTAL CONSULTANT shall be responsible for services performed by Subconsultants to the same extent as if the services were performed by ENVIRONMENTAL CONSULTANT. ENVIRONMENTAL CONSULTANT shall replace any Subconsultant when requested to do so by the City of Port Arthur, which shall state the reasons for such a request. ENVIRONMENTAL CONSULTANT shall provide the City of Port Arthur with a copy of any of its subconsultant's subcontracts at the City of Port Ar-/hur's request. Agreement far Professional Services TERRACON 3.1.5 Payment of Subconsultants: ENVIRONMENTAL CONSULTANT shall make timely payments to all persons and entities supplying labor, materials or equipment for performance of this Contract. in accordance with all laws of the State of Texas. ENVIRONMENTAL CONSULTANT agrees to protect, defend and indemnify the City of Po~'t Arthur from any claims or liability arising out OF ENVIRONMENTAL CONSULTANT'S failure to make such payments. 3.1.6 Unlessotherwise specified within this Agreement, this Agreement shall be governed by the Jaws of Texas and the jurisdiction is Jefferson County. 3.1.7 In the event any provisions of this Agreement or any subsequent Addendum shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. IN WITNESS WHEREOF the parities hereunto set their hands and seals the day and date first above written. For ENVIRONMENTAL CONSULTANT: For City: (SIGNA~'URE) (SIGNATURE) C. Harold Cobb, P.E. (PRIhr~ED N~ME) (PRINTED NAME) Principal 11 Agreement for Professional S~rvices TERRACDN Addendum A: SERVICES to Agreement for Professional Services with TERRACON for Brownfields Assessment Demonstration Pilot Jefferson County - Port Arthur, Texas The City of Port Arthur Bmwnfields Pilot Grant (EPA Grant) has been authorized by EPA. In order to satisfy EPA Grant requirements, measures of success must be demonstrated. Terracon has developed the following scope of environmental consulting services to complete the Tasks discussed below in coordination with the City of Port Arthur Brownfields Redevelopment Team. Addendum A: Services provide for the expansion of the following Tasks necessary to meet the demands of the Project on an ongoing basis. Proposed Tasks are described below: TASK I: ADMINISTRATIVE EPA Quarterly & Annual Reports Terracon will per-[orm administrative tasks as directed by the City concerning preparation of Quarterly Status Reports, preparing supplemental documentation for interested parties or other services as needed. The federal requirements of the Grant Application and Pilot Workplan will require routine quarterly and annual reports. They must be filed appropriately and on time to sustain funding. Less well known to Pilot grantees, these reports go beyond mere administration and can actually assist in bringing added value and more Brownfields funding to the City. Special Project Communication EPA Administrative reports address the needs of the funding agency. Just as the technical assessments and evaluations extend beyond federal needs to the state and local level, so do the needs for successful Brownfields public communication. E-Status Reports Agreement for Professional Services YERRACON Terracon's Brownfields experience shows our firm will be required to coordinate and report the project activity of the Brownfields study, on multiple locations and in different stages of implementation. This requires written documentation on a frequency much greater than the EPA Quarterly Report basis. Terracon will bring to the Project an in-progress electronic status report format as used on other Terracon Brownfields. This will be distributed electronically to the City and other project parties on a monthly cycle unless otherwise directed by the CITY. E-status reports will be broken down b~ Task and activity consistent with the Grant Application. E-status reports will also act as an informal newsletter on pending events, changing state/federal programs, scheduled abserrces by participants/agency representatives, internal budget reallocations, updated and sub-task schedules or other activity bearing on the Brownfields project. Terracon's fees for other task-specific technical budgets in Brownfields proposals will include efforts to support the City in the preparation of quarterly status reports and the final status report. Quarterly compilation of electronic status (e-status) reports with updated in-progress budget analyses will provide the City with ~90% of the required Quarterly Report information. These same e-status management reports may be compiled with other data at project conclusion to produce -90% of the City's status reports required by the TCEQ VCP. Special Public Communication Terracon believes a great obstacle to communicating information during general public or planning meetings for the Pilot lies in having to shuffle through large stacks of reports and numerous written documents. EPA Region 6 has developed the Brownfields Information Management System for the Brownfields Redevelopment Initiative with Internet Editing to facilitate transfer of information and promote site reuse. Although it is an EPA database, it is self-maintaining and is controlled by the City/consultant. Terracon has a close working relationship with the WebBRIMS developer of the system, Mr. Stan Hitt/EPA Region 6. Terracon will convert all reports and site information immediately to electronic format using EPA Region 6 WebBRIMS system format. The benefits to the City are: · Free Web Site · Promotes properties that are For Sale or Lease · Improves communication between all levels and entities 13 Agreement for Professional Services TERRACON · Simplifies the Quarterly Reports for the City's grant TASK 2: INVENTORY The process of prioritizing the Brownfields Inventory wilt be a cooperative effort between the environmental consultant and the City of Port Arthur. Elements of the Brownfields inventory include an initial understanding of 1he public projects proposed within the identified target along with an initial assessment of potential Brownfields properties. These properties are located on the West Side of Port Arthur and in or near the downtown area. An initial meeting is anticipated with the City's Brownfields Redevelopment Team to review these properties. A preliminary review of the location, condition and general environmental setting for each property will create a "prioritized list" of properties that the City will further evaluate for redevelopment efforts. The list of properties will be ranked based on prioritization crJteria. Properties with the highest rankings will be prioritized for Phase I and II Environmental Site Assessments. Experience repeatedly shows the Pilot will meet owner hesitancy and outright refusals to participate. The Pilot cannot get all owners of potential sites to voluntarily enroll, and the inventory process will have to proceed without majority participation. To overcome this public inertia and establish a meaningful Brownfields inventory requires the Pilot to move very quickly toward assessment and completion of some early demonstrations of community success. Terracon Pilot experience shows that even one or two early Phase I or II Pilot assessment 'successes' that do not result in regulatory "witch hunts" will bring expanded participation, confidence in the process by local owners and growth of the inventory. As a focus for these early successes, Terracon will assist the City in determining the differences between the following: 1) perceived environmental risk that does not actually exist; 2) properties with environmental conditions that are manageable without active remediation (risk-based approach), and 3) properties with contamination requiring active remediation that are economically feasible for development. The Brownfields inventory assessment and prioritization program will be marked as much by the success of the properties NOT identified for further environmental assessment as it is by those it identifies with manageable impairments for redevelopment. TASK 3: OUTREACH/PRIORITIZATION EDUCATIONAL PROGRAMS The successful Brownfields Pilot first provides a baseline understanding of the regulatory and technical environments so that report deliverables are readily understandable and immediately usable by the City. Terracon anticipates assisting the City with their educational, planning, and marketing needs as requested. This may include an internal workshop at City offices for City 14- Agreement for Professional Serv'~ces TERRACON staff who will make use of the final reports in further planning, development, marketing, etc. The Director w~ determine City attendees. Individual presentations will define terms and TCEQ programs of assessment and evaluation that will be included in pr~ect evaluation. Presentatio~swill use layperson's language and reference. These presentations may include: · The revised 2000 ASTM E-1527-00 and E-1528-00 Standards for Environmental Assessments · Concepts and Key Issues for Conducting Phase II Environmental Assessments · Concepts and Key Issues of Risk-Based Corrective Action (RBCA) · Current Programs of Texas Commissio~ on Environmental Quality (TCEQ) Pursuant To Their Application In Brownfields Redevelopment ~ Chapter 330: Subchapter T- Use of Land over Closed Municipal Solid Waste Landfills ~, Chapter 333: Brownfields Initiatives: Voluntary Cleanup Program and Innocent Owner/Operator Program ~, Chapter 334: Underground and Above-ground Petroleum Storage Tanks ~, Chapter 335: Risk Reduction Rules ~, Chapter 350: Texas Risk Reduction Program Public Awareness Terracon will assist the City as requested in developing informational materials for public outreach and public meetings, a necessary component of the Brownfields ENVIRONMENTAL CONSULTANT's services. As stated in the Assessment Demonstration Pilot Program guidelines, "Brownfields assessment pilot funds may be used for pubJic/community involvement..." The City of Port Arthur, within the limits of available funding, will determine the number of public and private owner meetings. This will involve property owner meetings, community meetings, and partnering group meetings. These services will include meeting support for the City to gain access to properties for assessment. At the request of the City, Terracon Team staff can conduct focus meetings with neighborhood groups, property owners, area developers, employers, employees or the financial community to inform and gain feedback regarding the City's plans to incorporate the community's ideas for redevelopment. The Cooperative Partners involved in the community include Port Arthur Economic Development Corporation, National Association for the Advancement of Colored People - Port Arthur Branch, Port Arthur Chamber of Commerce, Port Arthur Independent School District, Texas Commission on Environmental Quality, Texas Historical Commission, Texas Department of Transportation, Texas Department of Economic Development, Texas Parks and Wildlife Commission, U.S. Army Corps of Engineers, Local, State, and National Elected Officials, and other such organizations, agencies and entities as needed for a more complete inclusion of the Port Arthur community. 15 Agreement for Professional Services TERRACON The outreach program could include public notice of the EPA cooperative agreement process through a flyer to be included with utility bills, community newsletters and news articles. The focus group meetings and written material would focus exclusively on the Brownfields pilot work being conducted using EPA funds within the City of Port Adhur Brownfields Project. Volunteer Brownfields~Advisory Committee/Property Owner Meetings Terracon will discuss with the City alternative approaches for its existing Brownfields Advisory Committee. Additionally, assistance will be provided as requested with regard to frequency of meetings, agenda content and overall goals of the Committee. The agenda of the meetings will likely address issues surrounding the due diligence process and results of the Phase I and Phase II environmental site assessments. As deemed appropriate and if requested, Terracon will present information and discuss issues that may affect site prioritization and development plans. TASK 4: ASSESSMENTS Phase I Environmental Site Assessments Terracon Will conduct the Phase I Environmental Site Assessments (ESAs) on specified properties within the targeted areas represented by the Brownfields Project. For the purpose of the budget allocation presented herein, it is anticipated that up to twenty (20) Phase I ESAs will be conducted on prioritized properties. The Phase I will be developed using ASTM E-1527-00 as guidance. The focus of assessment will be collection and reporting of information in evaluating recognized environmental conditions related to commercial real estate transactions. This Phase i will consist primarily of the following components: · an on-site reconnaissance of the site, including a cursory review of adjacent properties; · interviews with owners/occupants and local government officials to obtain information indicating recognized environmental conditions in connection with the site; · a review of various public records to help identify recognized environmental conditions in connection with the subject site and nearby properties; · a preliminary asbestos survey for potential pathways of uncontrolled release from abandoned structures consistent with EPA Region 6 criteria under Brownfields Pilots; · a preliminary survey of wetlands and river-related habitat issues for potential pathways of uncontrolled release consistent with EPA 6 criteria under Brownfields Pilots; · an Assessment of Assets survey for materials stored, abandoned or derelict on the properties relative to potential market value or as environmental liabilities in property transfer negotiations; 16 Agreerne. nt for Professional Services TERRACON · prepara~on of a final report which details the assessment find/rigs and includes supporting documen{ation. Site Reconnaissance A site reconnaissance will be conducted by Termcon Team professionals to identify relevant environmer~ concerns. The Team staff will observe the subject-site and structures~as well as accessible common areas within these structures. The general site setting, including current and past property usage, geologic and topographic conditions, and surrounding properbj usage noted to the extent that they are readily identifiable. The Team staff will document indications of the usage, treatment, storage, disposal or generation of hazardous substances and/or petroleum products. These may include such items as storage tanks, drums, stained soil, chemical odors, and pooled liquids. The Team will document electrical or hydraulic equipment suspected of containing PCBs (polychlorinated biphenyls). In addition, the Team staff will perform a cursory observation of adjoining proper-ties, but will not include off-site walk-through or interviews. Adjoining property will be assessed based on what is readily observable from the subject site or public right-of-ways. Interviews Terracon will contact key individuals that the client knows or suspects of having knowledge of the subject site and/or pertinent facility operations for interview, if readily available. Interviews may take place dudng the site visit or at another time by telephone, correspondence or in person. The client should identify a person(s) for interviewing who is knowledgeable of the uses and physical characteristics of the subject site. The person(s) interviewed will be asked questions regarding a number of concems as outlined in ASTM E 1527-00. In addition, a reasonable attempt will be made to obtain information from a member of at least one local govemment agency for inquiry regarding site use or incidents that may raise environmental concern. Pertinent individuals will be asked to provide copies of helpful documents for Terracon to review. If the required documents are available, Terracon will need to review the documents preferably before conducting the site visit. In addition, specific questions regarding environmental litigation, administrative proceedings, and governmental notices will be asked of pertinent individuals. Records Review Historical Use Information Terracon Team staff will review histodc sources that date back to 1940 or, if the site was developed prior to 1940, dating back to the time when the site Was not developed. Such information will be 17 Agreement for Professional Services TERRACON reviewed if the information is reasonably ascertainable. These historic sources may include one or more of the following: aerial photographs, fire insurance (Sanborn) maps, tax assessor files, land title records, street directories, USGS 7.5 minute topographic maps, and interview responses. Governmental Records Consistent with ASTM E 1527, outlined' below are the fotlowingfederel and state records which are typically reviewed for indications of an environmental concern, and the approximate minimum search distance of the review from the nearest property boundary. Terracon will subcontract with a firm that specializes in accessing government records to assist with this portion of the assessment. Govemmenta Records , ' , ' ' ,seaJ~b-,h:'Distance : ' Federal NPL Site List 1,0 mi/I.6km Federal CERCLIS List 0.5 mi/0.8km Federal RCRA TSD Facilities List (CORRACTS) 1.0 mi/I.6km Federal RCRA TSD Facilities List (non-CORRACTS) 0.5 mi/0.Skm Federal RCRA Generators List Site & Adjoining Prope~es Federal ERNS List Site Only State Lists of Hazardous Waste Sites 1.0 mi/I.6km State Landfill and/or Solid Waste Sites 0.5 mi/0.Skm State Leaking UST Lists 0.5 mi/0.Skm State Registered UST Lists Site & Adjoining Properties All of the above sources generally provide names and locations of sites that have been reported to regulatory agencies because of certain environmental conditions or hazardous substances that currently exist or have at one time existed at a site. Additional or more detailed information is not typically given on the listings. If sites are identified within the specified search distance, these sites will be reported. If more detailed information is required by the client than is provided in the regulatory listing data, arrangements for ;idditional services can be negotiated. Geotechnical Data in addition and concurrent with ASTM data collection, Terracon Team staff will attempt to accumulate readily available geotechnical and constructability information from owners. These will consist of readily available documents or references by owners to architects or designers of structures (i.e., foundation drilling reports, sewer plans, etc.). This is a value-added service for use in future planning and development considerations of construction. 18L Agreement for Professional Services TERRACON · Handle, store, secure pending results of project analyses and dispose of non-hazardous so~/fill cuttings and project cleaning waters. · Samplesoil for selected analytical chemistry. · Sample groundwater for analytical chemistry. · Conduct hydraulic conductivity testing and evaluation on groundwater monitor wel~. Preparafionz~f Quality Assurance Project Plan Terracon will prepare a Draft Data Quality Objectives (DQOs) and Quality Assurance Project Plan (QAPP) in accordance with the Environmental Protection Agency (EPA) Guidance documents, EPA Requirements for Quality Assurance Project Plans, EPA QA/R-5 (EPA/240/B- 01/003, dated March 2001) and EPA Guidance for Quality Assurance Project Plans, EPA QA/G- 5 (EPA/600/R-98/018, dated February 1998). The DQOs/QAPP provide a baseline for planning and implementation of assessment and evaluation activities described concerning the Phase II Environmental Site Investigations (ESIs) to be performed within this Pilot study. QAPPs can be prepared on a site-specific basis or on a Pilot Area Generic basis. Terracon recommends the preparation of a Generic QAPP that applies to all ESis conducted within the Pilot Area. Each investigation will then include the preparation of a Property-specific ESI Proposed Project Plan which will detail the specific method of investigation, sampling and analyses to be ped'ormed and outline the objective of the ESI. The ESIs will be conducted in conformance with the Property-specific ESI Proposed Project Plan and the EPA-approved Generic QAPP. After receiving comments from the City of Port Arthur, the DQOs/QAPP will be finalized and submitted for approval from the EPA. Field Assessment Regardless of the final methods of field data collection, the assessment will be structured to provide for the data collection needs of the Texas Risk Reduction Program (TRRP) and the EPA. Terracon proposes to accomplish the following to achieve the goals of the project. Although final methods will be determined in the work plan development, Terracon anticipates the following procedures to be necessary or useful in addressing assessment on industrialized Brownfields properties. Site Access and Boring Locations Items to be provided by the c~Nner include the right of negotiated and documentecLaccess and entry to conduct the exploration and an awareness and/or location of any subsurface utilities 20 Agreement for Professional Services TERRACON Report Two (2) copies of a final written report will be provided to City that present the results ~ Phase I assessments, based upon the scope of work described herein. Although not required by ASTM E '1527-00, but essential to a Brownfieldsproject, Terracon will use the findings to focus the types and locations of sampling and laboratory analyses_for the Phase II investigative work. In addition to the written reports, final reports will be delivered in digital form for additional printing as discussed later. The reports will be sub-structured at this early stage of activity as to individual properties and respective identification and discussion as to potential affected areas. Phase II Environmental Site Assessments Experience shows us that the number/locations of borings and types/levels of chemical analysis becomes dependent on the needs identified by the findings of the Phase I ESA. For the purpose of the budget allocation presented herein, it is anticipated that up to four (4) Phase II ESAs will be conducted on prioritized properties. Although Terracon maintains a fleet of in-house truck and all-terrain drilling rigs and Geoprobe® units, in order to meet the EPA's Program for Utilization of Small, Minority and Women's Business Enterprises, these services will be subcontracted to a WBE firm. Best Drilling services is a WBE firm. Terracon will also subcontract with two laboratories, A4 Scientific and Xenco. Each is a MBE firm. In general, Terracon's approach is one of "focus-and-fill". It first identifies and drills areas of environmental concern having a high probability of environmental impairment based on available documents. Secondly, the approach "fills in" with assessment in undocumented areas over which the City may construct or operate to address potential impact by historical operations unassociated with structures. In view of the many years of commercial/industrial land use, the exploration must be reasonably comprehensive. However, using field screening HBCFFerracon proposes to maximize the information collected and yet focus laboratory analysis/cost where it may be most useful. A summary of typical Phase II tasks is provided as follows: · Drill, construct, develop, sample, abandon and document groundwater-monitoring wells. · Drill, sample, field screen and abandon soil borings. · Log and record subsurface lithology during drilling. · Field-screen and document results of soil samples. 19 Agreement fro' Professional Services TERRACON existing in the area. In addition, if there are any other restrictions or special requirements regarding this ~e or exploration, these should also be known prior to our commencing fieldwork. We will contact local utility companies using Texas one-call services. It normally requires 48 hours to have utilities located and we often have been required to meet w~th utility companies on site to show them where we plan to drill. Terracon personnel will provide layout and elevation of the borings. The boring layout and elevations will be approximate. If precise boring locations and elevations are desired, a licensed surveyor will be retained to develop this information. This proposal is based on all boring locations being readily accessible to truck-mounted drilling equipment. An additional fee will be required for the use of all-terrain drilling equipment. Terracon will take all reasonable precautions to minimize any damage to the property. Unusual restoration work, if required, would be invoiced in accordance with our standard unit rates. Cleaning Procedures In borings where environmental sampling is being performed, drilling equipment and the working end of the drill rig will be cleaned prior to and at the completion of field activities with high pressure hot water (HPHW) and Alconox© detergent. Split spoon samplers will be cleaned prior to, and between, each soil sample collected by hand scrubbing in an Alconox© and potable water solution, and rinsing in potable water. These cleaning procedures are proposed based on the understanding that levels of effort required exceed normal care, but do not absolutely preclude cross-sample interference. Fluids will be collected, stored on-site pending analysis and disposed of upon determination of the proper disposal method from chemistry. Field Screening Terracon will collect samples of soil/fills from borings for environmental evaluation. Samples will be collected at or near the surface at intervals of 2-feet to a depth of 25 feet in well borings and 10 feet in general soil borings. The intervals may be field-adjusted slightly at any boring location due to subsurface conditions. The sample intervals will be subjected to two field-screening methods as described below to identify potential impact by organic and inorganic chemicals. Screening results will be considered qualitative for selecting samples for laboratory analyses. 21 Agreement for Professional Services TERRACON Screening For Volatile Hydrocarbons Soil samples w~II be field screened for organic vapors using a photoionization detector (PID). Upon removal of the sampler from the borehole, approximately 500 grams of sample wilt be placed_in a Ziplock® bag. After a fifteen (15)-minute period, the headspace will be screened by entering the bag with the probe of an OVM 580 ThermoEnvironmental PID, or equivalent. The ]~robe will extract ak from the headspace and pass it through the test unit, using a 10.2 EV (or greater) ultraviolet lamp source to ionize materials from the sample. This device provides a direct reading in parts per million isobutylene equivalents (ppmi), generally a 1:1 response correlation to benzene. The unit will be gas caiibrated in accordance with manufacturer's recommendations. Laboratory Chemistry The analytic handling, evaluation, analysis and post-measurement data requirements proposed in this alternative proposal will be in general accordance with TCEQ TRRP Data Acquisition and Reporting requirements. The laboratory will participate in the generic QAPP development, on-site site-project workshops and EPA resolution of data issues. This will occur at no additional cost beyond the unit rates of samples. The two laboratories selected to participate, A4 Laboratories and Xenco Laboratories bring accredited laboratory programs and experience to the project. Phase II Report The Phase II report will include a discussion of the environmental impairments relative to: · Chemical risk and worker, occupant and public exposures associated with the impairment without remedy · Comparison to USEPA CERCLA guidance for soil and groundwater · Comparison to TCEQ TRRP Critical PCLs for soil and groundwater for determining general degree of environmental impairment TASK 5: REMEDIATION/SUSTAINABILITY PLANNING Based on the results of the Phase I and tl ESAs, HBC/Ter~'acon will develop specific remediation plans for two (2) sites with an evaluation of intended land use and estimated remedial costs. 22 Agreement for Profession~ Services TERRACON Remediation, Reuse and Cleanup Plans Following a thorough evaluation process including the Phase I ESA and delineation effort, Terracon professionals will provide scopes of work designed to establish site specific cleanup goals based on the protection of human health and the environment. Terracon will utilize knowledge of TCEQ and EPA rules and guidance and ASTM standaFds related to the risk assessment process. Terracon commonly conducts investigation and remediation of sites under the TCEQ TRRP to establish protective concentrations based on site specific information. Terracon collects information during site investigations necessary to evaluate risk including sensitive receptor surveys, water well searches (documented and personal interviews), and physical parameters of the subsurface media (geotechnical parameters, pH, natural attenuation screening parameters for groundwater and well yield evaluation). This site-specific information is synthesized into a conceptual exposure assessment model of the site. This conceptual model is utilized to evaluate contaminant fate and transport, exposure pathways, potentially exposed populations, and the ability of the site to naturally attenuate the contaminants present in a reasonable time frame. Additional information necessary to complete a site specific analysis of the stability of a contaminant plume utilizing data over a period of time may also be necessary to appropriately evaluate corrective action measures at a site, Site specific modeling can also be accomplished including exposure or groundwater protection (e.g. TRRP Tier 2 calculations and the use of computer programs as simple as BIOCHLOR and as complex as MODFLOW with MT123D to evaluate the contaminant fate and transport and the hydrogeologic setting. Terracon's team of professionals is solution-oriented and commonly provide several remediation alternatives during an evaluation of the most appropriate corrective action at a facility. By comparing and contrasting costs and advantages and disadvantages of a remediation alternative, the end user will be in a better position to make a decision regarding the most appropriate corrective action alternative. The future use of the property, the time frame required for remediation, the potential for human or ecological exposure and the ability of the site to naturally attenuate will typically represent the main factors for remediation decisions at impacted properties. Terracon's team of professionals has experience with a variety of corrective action technologies and experience implementing each technology; therefore, a useful summary of feasibility and cost effectiveness can be provided for review. GENERAL COMMENTS Terracon's Team will act in a supporting role to the City activities to assist the City in contacts with agencies that may have programs in place that provide financial assistance to be used to further assess, characterize, and cleanup properties within or coordinating with the pilot area. In accordance with the project strategy and budget outlined in the original Brownfields application, 23 Agreement for Professional Services TERR~ON Terracon staff will support the Brownfields Coordinator in identifying and securing additional funding tO sustain and accomplish the Brownfields activities. These services may involve preparation of documents, research or technical information, at~d unscheduled meetings with agencies in support of the City of Port_Arthur's efforts to ddve other fur~ding and sustain the Brownfields Initiative. These services will be-as needed and directed by the City Brownfields Coordinator-and may be expanded or reduced. PROJECT MANAGEMENT The activities of this project are.supervised by Terracon under the direction of an assigned Project Manager (PM). This manager may delegate portions of reporting or other activities to other staff. However, overall project responsibility lies with this individual. A complete project organization chart can be found in HBCFFermcon's response to the Request For Proposal and as described at interview. HEALTH AND SAFETY Personnel working onsite will have completed forty (40) hours of certified hazardous waste worker training consistent with the guidelines of the Office of Safety and Health Administration (OSHA) set forth in 29CFR1910.120. This training will be inclusive of respiratory training. Workers will have current documentation for continued 8-Hour Annual refreshers under 29CFR1910.120. A health and safety plan will be developed prior to mobilization to affirm these assumptions. This proposal assumes that no greater than D Modified (DM) safety precautions are adequate. Level DM safety attire generally consists of normal work wear including rubber gloves, safety shoes, hardhat, where required, polylaminated TyvekTM and appropriate eye protection. GENERAL CONDITIONS Services will be conducted pursuant to the Agreement for Professional Services negotiated between the City of Port Arthur and Terracon Consultants, Inc. current as of the date of this Addendum and pursuant to work orders. Items to be provided by the client include arranging for the right-of-entry to conduct field activities and permission to review and copy appropriate plans, maps and plat documents pertaining to the site. Also, if there are any other documents, restrictions or special requirements, including safety, regarding this site and affecting the proposed activities, these should be made known to US prior to commencing field work. 24 Agreement for Professional Services TERRACON Addendum B: COMPENSATION to Agreement for Professional Services with TERRACON for EPA City of Port Arthur Brownfields Assessment Demonstration Pilot Jefferson County - Port Arthur, Texas Terracon will utilize specialty firms and Small, Minority & Women's Business Enterprise (WBE/MBE) firms as subcontractors in supporting roles to conduct this scope of services. All invoices will reflect unit rates of Attachments B1. As additional subcontractor agreements are finalized, unit rate Attachments will be addended to this Agreement. Invoice line items will be segregated and clearly identified by Task numbers identified in Addendum No. A to the Agreement. The total funding available for ENVIRONMENTAL CONSULTANT Tasks described Addendum No. A will not exceed $130,000.00. All work must be pre-approved by work order. Terracon will work diligently to meet or exceed the 20% goal for Small, Minority & Women's Business Enterprise participation. Terracon has considered a number different scenarios of assessment which could result from the Brownfields Pilot assessment using EPA-approved protocols optimized for Texas' risk- based programs. In general, approximate expenditures for scenarios discussed represent the following allocations of the fixed budget: Project Management and Meetings 5% Public Outreach, Education and City Support 4% EPA Plans, Reporting and Approvals 4% On-Property Assessment, Testing and Resultant Reports for Redevelopment 82% Support To City/Director in Sustaining Additional Funding 5% Experience shows actual efforts will vary depending on in-progress determinations and demonstrated findings of the Pilot assessment. The Brownfields project must periodically reallocate unused portions of Task budgets to other areas within the scope. Terracon will manage activities to attain measures of success required of the ENVIRONMENTAL CONSULTANT within the available funding. 25 Agreement for Professional Services TERRACON Attacl'm~ent BI: Agreement for Professional Services 2003 Fee Schedule For TERRACON CLASSIFICATION Principal $135.00 Senior Project Manager/Consultant $115.00 Project Manager $110.00 Project Scientist/Engineer $95.00 Staff Scientist/Engineer $75.00 Site Health and Safety Officer $90.00 Environmental Technician (Level I) $70.00 Environmental Technician (Level 11) $55.00 CADD Drafters $53.00 Word Processor $45.00 Clerical/Research Clerk $40.00 Industrial Hygienist $120.00 FIELD EQUIPMENT RENTAL (per day) PID $100.00 Water Level Indicator $35.00 pH/Conductivity Meter $35.00 Interface Probe $85.00 Sample Kit $35.00 REIMBURSABLE EXPENSES 1. All direct materials and supplies used in the performance of work on this project will be billed at cost p~us 12%. 2. Auto mileage will be reimbursed on the basis of $0.60 per mile. 3. Charges for outside services such as soils and materials testing, fiscal, legal will be billed at their invoice cost plus 15%. 4. All other direct expenses wilFbe invoiced at cost plus 12% 26