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HomeMy WebLinkAboutHoward R. Green Co.-Professional Services Agreement-08.06.2007 67 Page 1 of 4 HOWARD R. GREEN COMPANY PURCHASE ORDER /A THIS AGREEMENT, made this 40 day of 2007 by and between, THE CITY O ATERLOO, IOWA the CLIENT, and HOWARD R. GREEN COMPANY(hereafter"HRG"), for professional services concerning: Additional tasks associated with the cleanup of the former CMC Site at 625 Glenwood Street, Waterloo, Iowa based on EPA Brownfield Cleanup Cooperative Agreement objectives. (Describe the Project). HRG Project Number 722930-J26 The CLIENT agrees to employ HRG to perform the following services: See attached Supplemental Scope of Services dated July 27, 2007. (Describe Services). In consideration for these services,the CLIENT AGREES to pay HRG on the following basis: (Indicate Payment Method) [ ] Lump sum in the amount of [X] Per current Rate Schedule with an estimated fee of Forty-Seven Thousand and no/100 Dollars ($47,000.00) [ ] Other as stated here: The Schedule of Fees and Conditions of HOWARD R. GREEN COMPANY(attached hereto) are incorporated into this AGREEMENT and made a part of it. CITY OF WATERLOO HOWARD R. GREEN COMPANY Si nature: — Signature: f % Printed Name: Timothy . rley / Printed Name: Michael G. Fisher Title: Mayor Title: Vice President Date: -67 Date: July 27, 2007. Signature: ��= -- Printed Name: Nancy Ec rt Title: City Clerk Date: 8--( - 0'7 O:\PROJ\722930J26WDMIN 2007\P 0 072707 Supplemental SOS.doc SCHEDULE OF FEES AND CONDITIONS Page 2 of 4 HOWARD R.GREEN COMPANY A. FEES AND PAYMENT 1. The fee for services will be based on Howard P.Green Company's(hereafter"HRG")standard hourly rates current at the time the work is done. These standard hourly rates are subject to change upon 30 days written notice. Non-salary expenses directly attributable to the project such as:(1)living and traveling expenses of employees when away from the home office on business connected with the project;(2)identifiable communication expenses; (3)identifiable reproduction costs applicable to the work;and(4)outside services will be charged in accordance with the rates current at the time the work is done. 2. Payment shall be due within thirty(30)days after date of monthly invoice describing the work performed and expenses incurred during the preceding month. 3. CLIENT agrees that timely payment is a material term of this Agreement and that failure to make timely payment as agreed constitutes a breach hereof. In the event payment for services rendered has not been made within thirty(30)days from the date of invoice,HRG may,after giving seven(7)days written notice to CLIENT and without penalty or liability of any nature,and without waiving any claim against CLIENT,suspend all work on all authorized services as set forth herein. Upon receipt of payment in full for services rendered,plus interest charges,HRG will continue with all services not inconsistent with Article C.4 herein. Payment of all compensation due HRG pursuant to this Agreement shall be a condition precedent to CLIENT using any of HRG's professional services work products furnished under this Agreement. 4. In order to defray carrying charges resulting from delayed payments,simple interest at the rate of eighteen percent(18%)per annum(but not exceeding the maximum rate allowed by law)will be added to the unpaid balance of each invoice. The interest period shall commence thirty(30)days after date of original invoice and shall terminate upon date of payment. Payments will be first credited to interest and then to principal. No interest charge will be added during the initial thirty(30)day period following date of invoice. B. COMMENCEMENT OF WORK. The work will be commenced immediately upon receipt of this signed purchase order. If after commencement of work the project is delayed for any reason beyond the control of HRG for more than sixty(60)days,the terms and conditions contained herein are subject to revision. Subsequent modifications shall be in writing and signed by the parties to this Agreement. C. MISCELLANEOUS PROVISIONS 1. BOOKS OF ACCOUNT. HRG will maintain books and accounts of payroll costs,travel,subsistence,field,and incidental expenses. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of HRG. 2. INSURANCEIINDEMNIFICATIONIRISK ALLOCATION (a) HRG will maintain insurance for claims under the Worker's Compensation Laws,and from General Liability and Automobile claims for bodily injury, death,or property damage arising from the negligent performance by HRG's employees of the functions and services required under this Agreement. (b) HRG is skilled in the professional calling necessary to the services and duties proposed to be performed,and that it shall perform such services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals of HRG's same locality, and to that end HRG agrees to purchase insurance for HRG,its officers,and employees from and against any and all liability,claims,suits,loss, damages,costs,and expenses arising out of or resulting from any negligent acts,errors,or omissions of HRG,its officers and employees,in the performance of their services and duties hereunder,but not from the negligence or willful misconduct of CLIENT,its officers,and employees. Notwithstanding the existence of professional liability insurance,the total aggregate of HRG's,its employees,officers,directors,agents,or consultants,liability to all parties related to tiis Agreement shall not exceed$25,000.00,or the amount of HRG's fee,whichever is less. (c) CLIENT hereby understands and agrees that HRG has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes,materials,chemical compounds,or substances,or any other type of environmental hazard or pollution,whether latent or patent,at CLIENT's premises,or in connection with or related to this project with respect to which HRG has been retained to provide professional engineering services. The compensation to be paid HRG for said professional engineering services is in no way commensurate with,and has not been calculated with reference to,the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore,to the fullest extent permitted by law,CLIENT agrees to defend,indemnify,and hold HRG,its officers,directors,employees, and consultants,harmless from and against any and all claims,damages,and expenses,whether direct,indirect,or consequential,including,but not limited to,attorney fees and Court costs,arising out of,or resulting from the discharge,escape,release,or saturation of smoke,vapors,soot, fumes,acid,alkalies,toxic chemicals,liquids gases,or any other materials,irritants,contaminants,or pollutants in or into the atmosphere,or on, onto,upon,in,or into the surface or subsurface of soil,water,or watercourses,objects,or any tangible or intangible matter,whether sudden or not. (d) Nothing contained within this Agreement shall be construed or interpreted as requiring HRG to assume the status of a generator,storer, transporter,treater,or disposal facility as those terms appear within the Resource Conservation and Recovery Act,42 U.S.C.A.,§6901 et sea.,as amended,or within any State statute governing the generation,treatment,storage,and disposal of waste. (e) Notwithstanding any provisions in this Agreement to the contrary,if this project involves construction,as that term is generally understood,and HRG does not provide engineering services during construction,including,but not limited to,observation,site visits,shop drawing review,and design clarifications,CLIENT agrees to defend,indemnify,and hold HRG,its consultants,agents,and employees harmless from any and all liability arising out of this project or Agreement. (f) HRG shall not be liable for damages arising cut of or resulting from the actions or inaction of governmental agencies,including,but not limited to, permit processing,environmental impact reports,dedications,general plans and amendments thereto,zoning matters,annexations or consolidations,use or conditional use permits,and building permits. CLIENT agrees to defend,indemnify,and hold HRG,its consultants,agents, and employees harmless from any and all liability,other than that caused by the negligent acts,errors,or omissions of HRG,arising out of or resulting from the same. O:\PROJ1722930J26\ADMIN 20071130 FINE PRINT.doc 3. DOCUMENTS Page 3 of 4 (a) The CLIENT acknowledges HRGs construction documents as instruments of professional service. Nevertheless,the plans and specifications prepared under this Agreement shall become the property of the CLIENT upon completion of the work and payment in full of all monies due to HRG. The CLIENT shall not reuse or make any modifications to the plans and specifications without the prior written authorization of HRG. The CLIENT agrees,to the fullest extent permitted by law,to indemnify and hold HRG harmless from any claim,liability or cost(including reasonable attorneys fees and defense costs)arising or allegedly arising out of any unauthorized reuse or modifications of the documents by the CLIENT or any person or entity that acquires or obtains the plans and specifications from or through the CLIENT without the written authorization of HRG. (b) All computer programs,work product,inventions,patents,copyrights,software,and other like data developed during the course of the project,are and shall remain the sole property of HRG. (c) HRG's liability to CLIENT for any computer programs,software products,or related data furnished hereunder is limited solely to the correction of residual errors,minor maintenance,or update(s)as agreed. HRG makes no warranties of any kind,including any implied warranty of merchantability or of fitness for any particular purpose,or against infringement,with respect to computer programs,software products,related data, technical information,or technical assistance provided by HRG under this Agreement. In no event shall HRG,its officers,agents,or employees be liable under or in connection with this Agreement under any theory of tort,contract,strict liability,negligence,or other legal or equitable theory for incidental or consequential damage relating to any work performed or not performed,services,acts or omissions,computer programs,software products,or related data furnished hereunder. (d) Environmental Audit/Site Assessment report(s)are prepared for CLIENTs sole use. CLIENT agrees to defend,indemnify,and hold HRG,its consultants,agents,and employees harmless against all damages,claims,expenses,and losses arising out of or resulting from any reuse of the Environmental Audit/Site Assessment report(s)without the written authorization of HRG. 4. TERMINATION OR ABANDONMENT.If any portion of the work is terminated or abandoned by CLIENT,the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the work not terminated or abandoned. If said termination occurs prior to completion of any phase of the project,the fee for services performed during such phase shall be based on HRG's reasonable estimate of the portion of such phase completed prior to said termination,plus a reasonable amount to reimburse HRG for termination costs. 5. ATTORNEY FEES. If litigation arises for purposes of collecting fees or expenses due under this Agreement,the Court in such litigation shall award reasonable costs and expenses,including attorney fees,to the party justly entitled thereto. In awarding attorney fees,the Court shall not be bound by any Court fee schedule,but shall,in the interest of justice,award the full amount of costs,expenses,and attorney fees paid or incurred in good faith. 6. WAIVER. HRG's waiver of any term,condition,or covenant or breach of any term,condition,or covenant,shall not constitute a waiver of any other term, condition,or covenant,or the breach thereof. 7. ENTIRE AGREEMENT. This Agreement,and its attachments,constitutes the entire understanding between CLIENT and HRG relating to professional engineering services. Any prior or contemporaneous agreements,promises,negotiations,or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT,its officers,agents,or employees request HRG to perform extra work or services pursuant to this Agreement,CLIENT will pay for the additional services even though an additional written Agreement is not issued or signed. 8. SUCCESSORS AND ASSIGNS. All of the terms,conditions,and provisions hereof shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns,provided,however,that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 9. OPINION OF PROBABLE CONSTRUCTION COSTS. Opinion of probable construction costs for the facilities considered and designed under this Agreement are prepared by HRG through exercise of its experience and judgment in applying presently available cost data,but it is recognized that HRG has no control over costs of labor and materials,or over the construction contractor's methods of determining prices,or over competitive bidding procedures,market conditions,and unknown field conditions so that HRG cannot and does not guarantee that proposals,bids,or the project construction costs will not vary from HRG's opinion of probable construction costs. 10. INJURY TO WORKERS. It is understood and agreed that HRG's fee is based on HRG being named as an Additional Insured on construction contractors insurance policy for Comprehensive General Liability and Builders All Risk Liability,and CLIENT agrees to insert into all Contracts for construction between CLIENT and construction contractor(s)arising out of this design a provision requiring the construction contractor(s)to defend, indemnify,and hold harmless both CLIENT and HRG from any and all actions arising out of the construction project,including,but not limited to,injury to or death of any worker on the job site,not caused by the sole negligence of CLIENT or HRG. 11. SITE VISITS. Visits to the construction site and observations made by HRG as part of services during construction under this Agreement shall not make HRG responsible for,nor relieve the construction contractor(s)of the obligation to conduct comprehensive monitoring of the work sufficient to ensure conformance with the intent of the Contract Documents,and shall not make HRG responsible for,nor relieve the construction contractor(s)of the full responsibility for all construction means,methods,techniques,sequences,and procedures necessary for coordinating and completing all portions of the work under the construction contract(s),and for all safety precautions incidental thereto. Such visits by HRG are not to be construed as part of the observation duties of the on-site observation personnel defined below. 12. ON-SITE OBSERVATION. When HRG provides on-site observation personnel as part of services during construction under this Agreement,the on-site observation personnel will make reasonable efforts to guard CLIENT against defects and deficiencies in the work of the contractor(s),and to help determine if the provisions of the Contract Documents are being fulfilled. Their day-to-day observation will not,however,cause HRG to be responsible for those duties and responsibilities which belong to the construction contractor(s),including,but not limited to,full responsibility for the means,methods, techniques,sequences,and progress of construction,and the safety precautions incidental thereto,and for performing the construction work in accordance with the Contract Documents. 13. SEVERABILITY. If any provision of this Agreement is declared invalid,illegal,or incapable of being enforced by any Court of competent jurisdiction,all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect,and no provision shall be deemed dependent upon any other provision unless so expressed herein. O:\PROJ\722930J26\ADMIN 2007\PO FINE PRINT.doc 14. DISPUTE RESOLUTION Page 4 of 4 (a) Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and HRG agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise.The CLIENT and HRG further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements win subcontractors,sub-consultants,suppliers or fabricators so retained,thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. (b) Arbitration. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement,involving an amount of less than$25,000,in accordance with Paragraph 14(a)Mediation,then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties,and shall proceed in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. If the parties cannot agree on a single arbitrator,then the arbitrator(s) shall be selected in accordance with the above-referenced rules. O:\PROJ\722930J26\ADMIN 2007\PO FINE PRINT.doc HOWARD R. GREEN COMPANY STANDARD HOURLY FEE SCHEDULE Effective January 1, 2007 to December 31, 2007 CLASSIFICATION HOURLY RATE Principal-In-Charge $177.00 Senior Project Manager 161.00 Senior Project Planner 141.00 Project Manager 135.00 Senior Project Architect 135.00 Senior Project Scientist 135.00 Senior Technical Advisor 135.00 Senior Project Engineer 118.00 Construction Manager 118.00 Project Architect 112.00 Project Planner 107.00 Project Scientist 107.00 Project Engineer 107.00 Project Associate 107.00 Staff Engineer 93.00 Staff Architect 70.00 Senior Engineering Technician 102.00 Engineering Technician II 93.00 Engineering Technician I 81.00 CADD Technician II 80.00 CADD Technician I 67.00 Registered Senior Land Surveyor 112.00 Registered Land Surveyor 97.00 1 - Person w/GPS or Robotic Equipment 102.00 2 - Person Crew 132.00 2 - Person Crew w/GPS or Robotic Equipment 149.00 Field Services Manager 102.00 Senior Field Technician 88.00 Field Technician II 83.00 Field Technician I 66.00 Administrative Assistant 60.00 REIMBURSABLE EXPENSES 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2. Auto mileage will be reimbursed per the standard mileage reimbursement rate established by the Internal Revenue Service. Service vehicle mileage will be reimbursed on the basis of$0.80 per mile. 3. Charges for sub-consultants will be billed at their invoice cost plus 15%. 4. A rate of$6.00 will be charged per Howard R. Green labor hour for a technology and communication fee. 5. All other direct expenses will be invoiced at cost plus 10%. Howard R.Green Company SUPPLEMENTAL SCOPE OF SERVICES City of Waterloo, Iowa Brownfield Site Clean-Up For the former Construction Machinery Company (CMC) Site 625 Glenwood Street Waterloo, Iowa July 27, 2007 BACKGROUND AND PURPOSE The former Construction Machinery Company (CMC) site was determined to have soil and groundwater contamination exceeding Iowa standards. The City of Waterloo (City) enrolled the CMC site in the state voluntary cleanup program known as the Land Recycling Program (LRP). Investigation required by the LRP has been completed. The City then elected to proceed with the next step of the LRP, that of evaluating risk and designing a response action (clean-up) for the site so that it may be returned to productive use. As outlined in the Scope of Services dated October 24, 2005, and the subsequent Purchase order executed on November 7, 2005, Howard R. Green Company, serving as the City's Engineering Consultant (Consultant), contracted to develop a Quality Assurance Project Plan (QAPP), assist the City in determining an appropriate future use for the site, conduct an Analysis of Brownfields Cleanup Alternatives (ABCA) and Risk Evaluation/Response Action (RE/RA) Plan, implement the environmental cleanup, administer the grant budget and develop and implement a public facilitation plan, and educate potential occupants about Brownfields indemnification and the remediation process. Work tasks completed through Fiscal Year 2007 (ending June 30, 2007) include: • Task 1: Develop a Quality Assurance Project Plan (QAPP) • Task 2: Assist with City's Site Development Plan • Task Conduct an Analysis of Brownfields Clean-up Alternatives (ABCA) and prepare a Risk Evaluation/Response Action (RE/RA) Plan • Task 6: Develop and implement a Public Facilitation Plan (RCRA Community Relations Plan). Any additional future effort required to extend this work task will be by separate agreement with the City. O:\PROJ\722930J26\ADMIN 2007\SUPPLEMENTAL SOS 072707.doc Work tasks currently ongoing, in accordance with the established schedule, include: • Task 4: Implement the EPA/IDNR-approved Clean-up Design • Task 5: Administer the Grant Budget • Task 7: Educate Potential Occupants of the Site One of the most significant of the tasks currently underway is Task 4, implementation of the EPA/IDNR-approved Clean-up Design. This design is to address remediation of Area of Concern (AOC) 1, the former waste disposal trench and burn pit (waste trench), and AOC 2, removal of the two 8,000 gallon Underground Storage Tanks (USTs). The basic engineering effort associated with this implementation-of-design task, as included in the original Scope of Services, generally includes the preparation of Plans, Specifications and Contract Documents, and certain assistance to the City with bidding and contractor selection. Not included in the original scope of services is providing resident observation of the clean-up work, compliance sampling during the clean-up project, and preparing the necessary reports for submittal by the City to the regulatory agencies to confirm satisfactory implementation of the clean-up effort. A draft set of Plans, Specifications and Contract Documents was previously completed and submitted to the City for review and comment. Changes to the Code of Iowa effective January 1, 2007 affected the public bidding procedures that are to be followed for the subject clean-up project. Therefore, a second revised draft set of Plans, Specification and Contract Documents has been prepared and submitted to the City for review and comment. During the preparation of the second revised draft, as a result of further detailed review of the site and related historical information, including additional site visits, and through discussions with prospective contractors relative to the methodology that will be employed to complete the remedial work and resulting waste disposal, it has become apparent that additional engineering effort has been and/or will be required to complete the clean-up design task, and to implement the cleanup design work effort by the selected Contractor(s). These engineering tasks and the associated costs are identified in Sections II and IV, respectively, of this Supplemental Scope of services. As a requirement of the enrollment of the site in the Iowa Land Recycling Program (LRP), it is necessary to determine if specific contaminants are leaving the site. Consistent with this requirement Howard R. Green Company has conducted on-going quarterly groundwater sampling at selected on-site groundwater monitoring wells. This work was initiated on October 19, 2006, and is complete through May 16, 2007, the third consecutive quarterly sampling event. The results to date indicate prevailing contamination of tetrachloroethene (PCE) in excess of applicable State of Iowa standards. O:\PROJ\722930J26\ADMIN 2007\SUPPLEMENTAL SOS 072707.doc Given these positive test results, and in that five of the eight monitoring wells on site will be physically impacted by the tank removal and waste trench remediation work, IDNR has agreed that further sampling and related work should be discontinued, and that all eight existing monitoring wells are to be sealed and abandoned without further sampling effort. This will eliminate the City's cost for monitoring during this interim period, and will allow for unobstructed work by the contractors when the actual remedial work is implemented. Following completion of the USTs removal and waste trench work, four new groundwater monitoring wells are to be installed. These new wells will serve to meet the LRP requirements for ongoing quarterly monitoring of the groundwater leaving the site, and to provide for the IDNR-required minimum monitoring of the groundwater following completion of the removal and closure of the USTs. Once resumed, monitoring will be required for a minimum of eight quarters to satisfy the LRP sampling criteria. Note this monitoring and related work will be implemented after expiration of the grant funding for the clean-up project. II. SUPPLEMENTAL SCOPE OF SERVICES Task 1. Brownfields Cleanup Revolving Loan Fund (BCRLF) Loan Package Assistance A. This task includes assisting the City with assembling the appropriate loan documents for the BCRLF loan, other notices to meet RCRA closure objectives, as well as time to coordinate with the City and U S EPA. Task 2. Toxicity Characteristic Leaching Procedure (TCLP) Sampling and Testing A. The approved Risk Evaluation and Response Action (RE/RA) Plan for this site requires sampling and analysis of the waste trench for Toxicity Characteristic Leaching Procedure (TCLP) for Resource Conservation and Recovery Act (RCRA)-listed metals and/or specific analytes. This work was to be completed prior to the contractors commencing remedial work at the site, so that known TCLP levels are available to the contractors as information needed to prepare their bids and to safely execute the work. The required TCLP sampling and analysis was completed by Howard R. Green Company on October 19, 2006, and the results are included in the contract documents for the prospective bidders' information. Task 3. Asbestos Sampling and Testing A. Field observations conducted by Howard R. Green Company staff on June 22, 2007 suggested the possible presence of insulation on the USTs and related underground piping that may contain asbestos or asbestos containing materials (ACM). Sampling and testing of the suspect material was conducted as needed to provide adequate O:\PROJ\722930J26\ADMIN 2007\SUPPLEMENTAL SOS 072707.doc information in the contract documents for the prospective bidding contractors. The results of the analysis proved to be negative for ACM. Task 4. Groundwater Monitoring Wells A. Previous Quarterly Sampling, Testing and Reporting. In accordance with the requirements of enrollment of the site in the Iowa Land Recycling Program by the City of Waterloo, quarterly groundwater monitoring was initiated on October 19, 2006. Three quarters of sampling, analysis and reporting (through May 16, 2007) have been completed by Howard R. Green Company staff. As described in Section I above sampling, testing and reporting of the existing groundwater monitoring wells will be discontinued so that the wells can be removed for implementation of the cleanup project. This task item covers the three quarters of sampling, testing and reporting work conducted to date. B. Abandonment, Sealing and Reporting of Abandonment of Existing Groundwater Monitoring Wells. In accordance with the discussion in Section I above the existing groundwater monitoring wells (Nos. 1 through 8) will be abandoned and sealed. The Iowa Administrative Code ([567] IAC Chapter 39) requires that all abandoned groundwater monitoring wells be properly sealed by an Iowa Certified Well Contractor who meets the requirements of [567] IAC Chapter 82. Following abandonment by sealing, documentation is to be submitted to IDNR using Form 542-1226. Howard R. Green Company will complete the abandonment, sealing and reporting in accordance with the applicable IAC. C. New Groundwater Monitoring Well Construction In accordance with recent IDNR concurrence, four new groundwater monitoring wells are to be installed. These new wells will serve to meet the LRP requirements for ongoing quarterly monitoring of the groundwater leaving the site, and to provide for the IDNR-required minimum monitoring of the groundwater following completion of the removal and closure of the USTs. O:\PROJ\722930J26\ADMIN 2007\SUPPLEMENTAL SOS 072707.doc Howard R. Green Company will complete the installation of the four required groundwater monitoring wells, in accordance with [567] IAC Chapter 110.11. D. New Groundwater Monitoring Well Sampling, Testing and Reporting. Following completion of the described site remediation work, and satisfactory installation of the four new groundwater monitoring wells, Howard R. Green Company will resume quarterly groundwater monitoring, utilizing the four new groundwater monitoring wells, including sampling, testing and reporting for a minimum of eight (8) quarters. As discussed in Section III, SCHEDULE, this work will be initiated in early calendar year 2008, and to continue for a minimum of eight quarters or at least through the fourth quarter of calendar year 2009. Since the grant funding for this project will formally expire effective December 31, 2007 this work task, while identified herein, will be performed following completion of the grant period under a separate scope of services and future contract. Task 5. Project Administration Meetings A. Public Hearing Changes in the Code of Iowa effective January 1, 2007 and May 9, 2007 require that public improvement projects with an estimated total cost in excess of $100,000 be advertised for sealed bids. Notice of the public hearing and advertisement for bids as required for such improvement projects may be combined into a single publication. Howard R. Green Company has completed modifications to the contract documents to reflect the current requirements of the Code of Iowa, including the preparation of the combined Notice of Public Hearing and the Notice to Bidders, for publication by the City Additionally, Howard R. Green Company will attend the Public Hearing and letting, to provide any needed support to the City, and respond to questions from the public. B. Pre-bid Conference A Pre-bid Conference will be held at the site to clarify bidding procedures, and to answer technical questions posed by prospective bidders. Howard R, Green Company will prepare for and conduct the Pre- bid Conference on behalf of the City. O:\PROJ\722930J26\ADMIN 2007\SUPPLEMENTAL SOS 072707.doc C. Bid Letting/Contract Award Howard R. Green Company will attend the bid letting, evaluate the bids received, and provide a recommendation to the City Council for award of contract for the remediation work, including preparation of contract(s) for execution by the City and the successful bidder(s). D. Pre-construction Conference Following the award of contract, a Pre-construction Conference will be held at the site to clarify project issues and to answer technical questions posed by the Prime contractor and sub- contractor(s). Howard R. Green Company will prepare for and conduct the Pre- construction Conference on behalf of the City. E. Final Remediation Work Observation Meeting Howard R. Green Company will assist the City in conducting a final observation of the completed remediation project work to confirm substantial compliance with the Plans, Specifications and Contract Documents. F. Final Project Close-out Howard R. Green Company will meet with City representatives following completion of the project to assist the City in the close- out of the project, including preparing and submitting required documentation reports to the regulatory agencies, and tabulating final project cost for payment to the Contractor. Task 6. Additional Site Visits/Finalize Methodology and Cost Estimate for the Clean-up Design A. Howard R. Green Company has made and will make additional trips to the site to conduct additional field investigation(s) as necessary to complete the final clean-up design, including the preparation of final plans, specifications and contract documents, and to adequately define the project cost by completing the Engineer's Estimate of Probable Cost. The Consultant will solicit the assistance of prospective contractors to help establish the probable cost for certain specialty work tasks and to help develop the methodology for performing such work tasks. The Consultant will conduct up to two (2) site visits with prospective contractors to facilitate this cost estimation and development process. O:\PROJ\722930J26\ADMIN 2007\SUPPLEMENTAL SOS 072707.doc Task 7. Construction Observation A. Howard. R Green Company will provide part-time resident construction observation during the course of the Phase I/Phase II clean-up project, up to a maximum of forty (20) hours per week for a maximum of three (3) weeks (maximum of 60 hours total). This on-site availability will allow for the prompt assessment of issues that arise because of unknown conditions on both the UST removal and waste trench remediation phases of the work. This will allow for immediate communication with the appropriate City staff, who will jointly share in critical decisions that need to be made regarding the response to technical and financial questions that may arise, including those that impact the associated costs for unit-priced work. The construction observation effort will also allow for ample field screening and testing, using both visual and electronic/mechanical means. This will provide an immediate and necessary cross- check against similar testing required to be performed by the Contractor. This will help to ensure that the level of clean-up and remediation being performed is adequate, while at the same time ensuring that the work effort is not excessive beyond the requirements of the regulatory agencies. It will also serve as an additional cost control measure by helping to immediately delineate available disposal options for certain wastes that will be generated by the UST removal and waste trench remediation work. This is particularly true for those wastes that may be considered hazardous, which will require special handling and specific disposal out-of-state. Weekly summary reports illustrating the progress of the work, photographic documentation of work completed, field screening test results, issues addressed and resolved, and costs expended on each phase of the work will be filed with the City. Task 8. Agency Coordination A. Howard R. Green Company will assist the City in its coordination with the regulatory agencies (U S EPA) and IDNR). This will include time for both teleconferences and on-site meetings. Task 9. Project Management A. Howard R. Green Company will assist the City in its management of the project by; • Reviewing the Contractor's partial and final payment requests. • Assist the City in its review of the Contractor's documentation of field screening and laboratory testing, and the documentation of waste disposal efforts. O:\PROJ\722930J26\ADMIN 2007\SUPPLEMENTAL SOS 072707.doc • Assist the City in its preparation and submittal of required documentation to applicable funding and regulatory agencies. • Assistance with preparation of a final close-out reports for the EPA cooperative agreements used to fund the cleanup activity and program administration for LRP, EPA Cleanup Grant, and BCRLF loan. III. SCHEDULE Specific work tasks that have already been completed are so listed above in Section II, and noted below. Howard R. Green Company will complete the remaining work tasks as listed in the original Scope of Services on the schedule originally stated, and commence with the additional listed engineering activities, to be completed as follows: Task 1: BCRLF Loan Fund Package assistance — to continue throughout the course of the Phase I/Phase ll Clean-up project. Task 2. Toxicity Characteristic Leaching Procedure (TCLP) Sampling and Testing —work task completed. Task 3. Asbestos Sampling and Testing —work task completed. Task 4. Groundwater Monitoring Wells A. Previous Quarterly sampling, testing and reporting —work task completed. B. Abandonment, Sealing and Reporting of Abandonment of Existing Groundwater Monitoring Wells (to be completed prior to implementation of clean-up work) — estimated to be completed by August 15, 2007. C. New Groundwater Monitoring Well Construction —estimated to be completed by December 15, 2007. D. New Groundwater Monitoring Well Sampling, Testing and Reporting — estimated first quarter sampling to be resumed in January 2008, and to continue for a minimum of eight quarters thereafter through the fourth quarter of calendar year 2009. Since the grant funding for this project will formally expire effective December 31, 2007 this work task, while identified herein, will be performed following completion of the grant period under a separate scope of services and future contract. O:\PROJ\722930J26\ADMIN 2007\SUPPLEMENTAL SOS 072707.doc Task 5. Project Meetings. A. Public Hearing —estimated date August 27, 2007. B. Pre-Bid conference—estimated date August 14, 2007. C. Bid letting/Contract Award — estimated letting date August 27, 2007, with contract award to follow withinl0 days. D. Pre-construction Conference — estimated date September 12, 2007. E. Final Remediation Work Observation Meeting —within five (5) days following Prime contractor's Notice of Project Completion. F. Final Project Close-out— prior to December 31, 2007. Task 6. Site Visits/Finalize Methodology for Clean-up Design - to conduct additional field investigation(s) as necessary to complete the clean-up design, including the preparation of final plans, specifications and contract documents, to facilitate the remediation methodology and define the probable project cost, will be completed prior to filing final plans, specifications and contract documents with the City. Task 7. Part-time Construction Observation — to commence upon initiation of work by the Contractor, and to continue until substantial completion of active remediation work at the site, up to a maximum of 20 hours per week for up to a maximum of 3 weeks (maximum of 60 hours total). Task 8. Agency Coordination — to be completed for the Phase I/Phase II project by December 31, 2007. Task 9. Project Management — to be completed for the Phase I/Phase II project by December 31, 2007. IV. COMPENSATION The engineering work tasks outlined in Section II of this Supplemental Scope of Services are being offered on a Cost- plus, not-to-exceed basis, in accordance with Howard R. Green Company's 2007 Rate Schedule (attached), as follows: Task 1: BCRLF Loan Fund Package assistance - $2,500.00 Task 2. Toxicity Characteristic Leaching Procedure (TCLP) Sampling and Testing - $700.00 Task 3. Asbestos Sampling and Testing - $500.00 Task 4. Groundwater Monitoring Wells A. Previous Sampling, Testing and Reporting - $5,800.00 O:\PROJ\722930J26\ADMIN 2007\SUPPLEMENTAL SOS 072707.doc B. Abandonment, Sealing and Reporting of Abandonment of Existing Groundwater Monitoring Wells (to be completed prior to implementation of clean-up work) - $2,400.00 C. New Groundwater Monitoring Well Construction — $8,500.00 D. New Groundwater Monitoring Well Sampling, Testing and Reporting (eight quarters minimum) - Since the grant funding for this project will formally expire effective December 31, 2007 this work task, while identified herein, will be performed following completion of the grant period under a separate scope of services and future contract. - $0.00 Task 5. Project Administration Meetings. A. Public Hearing and Bid Letting - $890.00 B. Pre-Bid conference — $890.00 C. Contract Award — $890.00 D. Pre-construction Conference — $1,390.00 E. Final Remediation Work Observation Meeting - $1,730.00 F. Final Project Close-out meetings — $1,390.00 Task 6. Site Visits/Finalize Methodology for Clean-up Design - $5,000.00 Task 7. Construction Observation — $8,120.00 Task 8. Agency Coordination - $2,500.00 Task 9. Project Management - $3,800.00 TOTAL SUPPLEMENTAL TASKS 1 THROUGH 9 $47,000.00 V. RESPONSIBILITIES OF THE CITY In conjunction with the subject clean-up project the City of Waterloo will: 1. Designate a representative of the City to work directly with Howard R. Green Company for the duration of the subject project. This designated representative shall attend the Pre-bid and Pre-construction meetings. 2. Provide a knowledgeable representative of the Site. 3. Provide unrestricted access to the Site. 4. Obtain building and related plans from previous owner, if available. Provide copies of available photos of the buildings and related structures, and of the site in general. 5. Provide locations of private utilities. (This Supplemental Scope of Services does not include a private utility locator). O:\PROJ\722930J26\ADMIN 2007\SUPPLEMENTAL SOS 072707.doc 6. Provide a copy of any previously-completed hazardous waste/hazardous material survey report. 7. Provide required routine random observation of the clean-up and related work. 8. Assist, when applicable, by answering questions of contractor(s)/sub- contractors during the clean-up process. 9. Process Contractor(s)' periodic and final payment requests. 10. Assist in conducting ongoing and final field observation of the project to assure substantial compliance with the plans, specifications and contract documents. 11. Maintain responsibility for on-site construction observation during periods of on- site activity when the Consultant is not present. 12. Assist in completing a review of the contractor's documentation of field testing and monitoring results, and of the final disposal of waste materials. 13. Assist in the preparation and submittal of the required documentation to applicable funding arid regulatory agencies. VI. ASSUMPTIONS 1. Water Supply Wells No water supply wells are to be demolished or otherwise plugged and abandoned as a part of the subject clean-up project. 2. Utilities No above ground or underground utilities are to be abandoned or removed as a part of the subject clean-up project. O:\PROJ\722930J26\ADMIN 2007\SUPPLEMENTAL SOS 072707.doc