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RES 2012-0068 - Contract for Burn & McDonnell for water and soil vapor sampling at Lynch Park
. .„. _ „, ot•A�H"• Parks, Recreation & F d �� 1 '.�aqii � Public Property Departmentn"�r► �� 'at • j Omaha/Douglas Civic Center T C!:I'' `V 1W 1'0 O 1819 Farnam Street,Suite 701 c° �$2'`�� Omaha,Nebraska 68183-0701 C71- (402)444-5900 aTFo FEDO. {ON. i ` FAX(402)444-4921 � " City of Omaha g;t ' Melinda Pearson Jim Suttle,Mayor Director January 24, 2012 Honorable President and Members of the City Council, The Resolution attached hereto is to approve the contract between Burns & McDonnell and the City of Omaha, regarding ground water and soil vapor sampling at the Lynch Park site caused by the former manufactured gas plant at that site. Burns & McDonnell is a Professional Engineering Services firm with extensive experience investigating and remediating former manufactured gas plant sites. The proposal for professional engineering services is in the amount of One Hundred Twenty Six Thousand, Five Hundred Seventy 00/00 Dollars ($126,570.00). If awarded, Burns & McDonnell would conduct ground water and soil vapor sampling at the Lynch Park site. The City of Omaha and Metropolitan Utilities District (MUD) have agreed to each pay one-half of the contract amount, with the City paying approximately $63,285.00 of the total $126,570.00, which shall be paid from Fund'13354, Org. 117315,Acct. 42239. Your favorable consideration of this Resolution is respectfully requested. Respectfully submitted, Referred to City Council for Consideration: Doctil4i. LeAki4fp 1(/ ' Melinda Pearson, Director Date . Mayor's Office/Title Date Parks, Recreation& Public Property Department Approved as to Funding: OW- Pam Spaccarotella Date cr< Finance Director p:\LAW-COUNCIL DOCUMENTS\2012\20001vlj ATIONAL CERI } .; 0Blr1 Vir(L1 eilUNs 11Ll 111,1I :.,. Telefax+49(0)40 30 30 49 79 tor • .<:A. t. I.' I i MIN .lair MUM/ Wmtu.. , e-mail: iM@!<Et9L4a :._ v✓ . nmmdimde Is there a documented procedure to assure that scrapped parts are either returned to the Yes customer or mutilated beyond repair? Is there an individual, by title, responsible for verifying that mutilation is accomplished? Yes Do we record Part numbers and Serial numbers for life-limited parts when destroyed? Yes QA-2014 Page 5 of 5 Rev Date: 10/29/2010 age and contamination? Are oxygen high-pressure bottles correctly identified and stored? Yes Work Processing QA-2014 Page 4 of 5 Rev Date: 10/29/2010 personal tools? Yes Do records: QA-2014 Page 3 of 5 Rev Date: 10/29/2010 JURY(Per sewn) O —ALL OWNED '—'SCHEDULED MA 8001LY INJURY(Pet scam) Z A Y.AUTOS AUTOS CA 4309526 09/30/2011 09/30/2012 HIRED AUTOS —NON•OWNEO AItOPERTY DAMAO! —AUTOS VA (Per accident) C UMBRELLAUAB X OCCUR 23002521 09/30/2011 09/30/2012 EACH OCCURRENCE 110,000,006 X EXCESS LIAR T CLAIMS-MADE AGGREGATE S16,000.000 o60[ 'RETENTION A WORKERS SCMPEXNCSlAtTAIOEN ND WC015884083 09/30/2011 09/30/201T XI we Ui • IOIN All other States T R AOANPROPR/PATNE0XECURVE WC015884083 09/30/2011 09/30/20126.L EACH ACCIDENT S2,000,000 NIA (Men deto/YIa NH) MA,ND,OH,WA,WI,WY E.L.DISEASE-EA EMPLOYEE 52,000,000 II nan,dasO5e under DESCRIPTION OP OPERATpN3 below E.L.DISEASE-POLICY S2,000,000_ Ili DESCRIPTION OP OPERATIONS/LOCATIONS I VEHICLES(Attach ACOR0101.Addhlonal Remarks Schedule,a more space Is raquked) Evidence of Coverage. El 111 CERTIFICATE HOLDER CANCELLATION 2. SHOULD ANY OF THE ABOVE DE80R15SO POLICIES BE CANCELLED BEFORE THE tla EXPIRATION DATE THEREOF,NOTICE WILL SE OELPIEREO IN ACCORDANCE WITH THE • POLICY PROVISIONS. '` Dallas Airmotive, Inc. AUTHOREEDREPRESENTATIVE .st.-R 900 Nolen Drive Suite 100 Grapevine TX 76051-8641 USA �f /J ,(/' �i elan r< 'lareYtC 5 odN,Artaa `a.4% • L91888-2010 ACORD CORPORATION.All rights reserved. ACORD 26(2010/06) The ACORO name and logo are registered marks of ACORD 1 or troubles causing cessation,slowdown or interruption of work,or failure of manufacturers,suppliers and subcontractors to furnish parts,labor or materials within their normal delivery times. 11.Additional or Conflicting Terms.Any different or additional terms and conditions proposed by Customer as a part,of this transaction are objected to by Dallas Airmotive,Inc.,unless specifically accepted in writing. 12.Applicable Lawflien Rights.The laws of the State of Texas shall govern this transaction,which is entered into in Dallas County,Texas. Customer agrees that the work performed hereunder involves part of an aircraft and that Dallas Airmotive,Inc.may lien the work performed or the aircraft pursuant to the laws of the State of Texas. 13.Assignment. Customer may not assign this transaction in whole or in part,to a third party without the advance written approval of Dallas Airmotive, Inc. Any such assignment or transfer of Customer's right, title and interest in its property or the work performed shall not relieve Customer of its obligations hereunder. Dallas Airmotive,Inc.•900 Nolen Drive,Suite 100•Grapevine.TX 76051•Phone(214)958.3000•Fax(214)956-2810 E-mail:turbines®dallassirmotive.com•Wwv.dallasairmotive.com Effective 8-04,Revised 4/07 WTY-018 Terms&Conditions—Page 1 of 1 Burns McDonnell • ATTORNEY-CLIENT WORK PRODUCT SINCE 898 January 3, 2012. RoseMarie Horvath Assistant City Attorney City of Omaha-Law Department 804 Omaha/Douglas Civic Center 1819 Farnam Street Omaha,NE 68183 City of Omaha,Nebraska/Metropolitan Utility District Professional Engineering Services for Groundwater Monitoring Well and Soil Gas Probe Installation and Sampling For The Former Omaha Gas Company Site Ms. Horvath: • In accordance with your request,we are pleased to submit our proposal for environmental or engineering services on the referenced project as follows: PROJECT The City of Omaha,Nebraska and the Metropolitan Utility District [hereinafter CLIENTS] has requested that Burns&McDonnell Engineering Company, Inc. [hereinafter CONSULTANT] prepare costs and complete tasks necessary to fill certain data gaps identified in the 2011 Supplemental Site Investigation ([SSI], done by CONSULTANT) completed for the former Omaha Gas Company Manufactured Gas Plant(MGP) Site located near 20th and Center Streets in Omaha,Nebraska. The primary data gap identified in this document was the need for groundwater analytical data. Data collected as part of this Scope of Services will facilitate entry into the Nebraska Department of Environmental Quality's Voluntary Cleanup Program (NDEQ VCP)and completion of the Investigation Report per the NDEQ VCP. The recommended actions are intended to provide enough data to facilitate remedial decisions at the Site. SCOPE OF SERVICES The following is the Scope of Services to fill certain data gaps identified at the Site. Each item has been developed and priced separately, as some items (i.e., number of groundwater monitoring wells, sampling rounds etc.)may not be necessary/desired depending upon other aspects of this Scope of Services. Services defined within this scope document will be implemented as defined in this proposal using industry-accepted practices (a stand-alone work plan will not be completed). This Scope of Services is designed to satisfy expected NDEQ VCP 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com a documented procedure to assure that scrapped parts are either returned to the Yes customer or mutilated beyond repair? Is there an individual, by title, responsible for verifying that mutilation is accomplished? Yes Do we record Part numbers and Serial numbers for life-limited parts when destroyed? Yes QA-2014 Page 5 of 5 Rev Date: 10/29/2010 age and contamination? Are oxygen high-pressure bottles correctly identified and stored? Yes Work Processing QA-2014 Page 4 of 5 Rev Date: 10/29/2010 personal tools? Yes Do records: QA-2014 Page 3 of 5 Rev Date: 10/29/2010 JURY(Per sewn) O —ALL OWNED '—'SCHEDULED MA 8001LY INJURY(Pet scam) Z A Y.AUTOS AUTOS CA 4309526 09/30/2011 09/30/2012 HIRED AUTOS —NON•OWNEO AItOPERTY DAMAO! —AUTOS VA (Per accident) C UMBRELLAUAB X OCCUR 23002521 09/30/2011 09/30/2012 EACH OCCURRENCE 110,000,006 X EXCESS LIAR T CLAIMS-MADE AGGREGATE S16,000.000 o60[ 'RETENTION A WORKERS SCMPEXNCSlAtTAIOEN ND WC015884083 09/30/2011 09/30/201T XI we Ui • IOIN All other States T R AOANPROPR/PATNE0XECURVE WC015884083 09/30/2011 09/30/20126.L EACH ACCIDENT S2,000,000 NIA (Men deto/YIa NH) MA,ND,OH,WA,WI,WY E.L.DISEASE-EA EMPLOYEE 52,000,000 II nan,dasO5e under DESCRIPTION OP OPERATpN3 below E.L.DISEASE-POLICY S2,000,000_ Ili DESCRIPTION OP OPERATIONS/LOCATIONS I VEHICLES(Attach ACOR0101.Addhlonal Remarks Schedule,a more space Is raquked) Evidence of Coverage. El 111 CERTIFICATE HOLDER CANCELLATION 2. SHOULD ANY OF THE ABOVE DE80R15SO POLICIES BE CANCELLED BEFORE THE tla EXPIRATION DATE THEREOF,NOTICE WILL SE OELPIEREO IN ACCORDANCE WITH THE • POLICY PROVISIONS. '` Dallas Airmotive, Inc. AUTHOREEDREPRESENTATIVE .st.-R 900 Nolen Drive Suite 100 Grapevine TX 76051-8641 USA �f /J ,(/' �i elan r< 'lareYtC 5 odN,Artaa `a.4% • L91888-2010 ACORD CORPORATION.All rights reserved. ACORD 26(2010/06) The ACORO name and logo are registered marks of ACORD 1 or troubles causing cessation,slowdown or interruption of work,or failure of manufacturers,suppliers and subcontractors to furnish parts,labor or materials within their normal delivery times. 11.Additional or Conflicting Terms.Any different or additional terms and conditions proposed by Customer as a part,of this transaction are objected to by Dallas Airmotive,Inc.,unless specifically accepted in writing. 12.Applicable Lawflien Rights.The laws of the State of Texas shall govern this transaction,which is entered into in Dallas County,Texas. Customer agrees that the work performed hereunder involves part of an aircraft and that Dallas Airmotive,Inc.may lien the work performed or the aircraft pursuant to the laws of the State of Texas. 13.Assignment. Customer may not assign this transaction in whole or in part,to a third party without the advance written approval of Dallas Airmotive, Inc. Any such assignment or transfer of Customer's right, title and interest in its property or the work performed shall not relieve Customer of its obligations hereunder. Dallas Airmotive,Inc.•900 Nolen Drive,Suite 100•Grapevine.TX 76051•Phone(214)958.3000•Fax(214)956-2810 E-mail:turbines®dallassirmotive.com•Wwv.dallasairmotive.com Effective 8-04,Revised 4/07 WTY-018 Terms&Conditions—Page 1 of 1 Burns& McDonnell ATTORNEY-CLIENT WORK PRODUCT SINCE 1898 Ms. Horvath January 3,2012 Page 2 requirements; however,the possibility cannot be ruled out that additional monitoring activities may be required by the NDEQ VCP. 1) Install and Develop Groundwater Monitoring Wells. Prior to drilling activities, a utility locate will be completed for the proposed groundwater monitoring well locations (see Figure 1 in Attachment 1). The proposed groundwater monitoring program includes nine well locations with multiple wells installed at six of the nine locations. All proposed well locations are on- site; therefore both up-gradient and down-gradient off-site conditions may not be adequately determined. Groundwater table wells will be installed at eight of the nine locations to evaluate water table conditions. Deep wells will be installed at seven of the nine locations to evaluate potential impacts from DNAPL and/or vertical migration of tar and/or other residuals. Well locations were selected based on observations made during the SSI test trench and boring program and laboratory analytical results completed during June 2011, and information obtained from the USEPA. In general well locations have been chosen to evaluate groundwater conditions up- gradient and down-gradient of impacted areas that were identified on-site as a result of the SSI activities. Previous work by others was also considered. One well location is presumed up-gradient of the southern purifier box area and two well locations are along the down-gradient, northern edge of the site(i.e. along the base of the railroad right-of- way embankment). The remaining six well locations are on-site,with three of these locations along the southern edge of the original MGP process area(i.e. along the south side of vacated Center St.). Water table wells: The proposed water table wells will be constructed with 15-foot of well screen bracketing the water table. The 15-foot screened intervals are proposed based on both previous work completed by others and the SSI boring observations. General site topography, amount of fill (both historical and recent) and observations relative to site geology make it difficult to determine the actual depth to groundwater. The installation of 15-foot screens will minimize the potential for dry wells and will also allow for significant seasonal fluctuations in the water table. Final placement of well screen intervals will be based on observations at each well location. Deep wells: Deep wells are proposed at several locations due to the observation of impacts at depths considerably below the water table at several locations on site. The depth and length of screened intervals for these wells is somewhat problematic at the site because previous studies and the SSI activities did not result in the identification of bedrock or a specific confining unit at the site. This may result in the need for additional 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com CCUR 23002521 09/30/2011 09/30/2012 EACH OCCURRENCE 110,000,006 X EXCESS LIAR T CLAIMS-MADE AGGREGATE S16,000.000 o60[ 'RETENTION A WORKERS SCMPEXNCSlAtTAIOEN ND WC015884083 09/30/2011 09/30/201T XI we Ui • IOIN All other States T R AOANPROPR/PATNE0XECURVE WC015884083 09/30/2011 09/30/20126.L EACH ACCIDENT S2,000,000 NIA (Men deto/YIa NH) MA,ND,OH,WA,WI,WY E.L.DISEASE-EA EMPLOYEE 52,000,000 II nan,dasO5e under DESCRIPTION OP OPERATpN3 below E.L.DISEASE-POLICY S2,000,000_ Ili DESCRIPTION OP OPERATIONS/LOCATIONS I VEHICLES(Attach ACOR0101.Addhlonal Remarks Schedule,a more space Is raquked) Evidence of Coverage. El 111 CERTIFICATE HOLDER CANCELLATION 2. SHOULD ANY OF THE ABOVE DE80R15SO POLICIES BE CANCELLED BEFORE THE tla EXPIRATION DATE THEREOF,NOTICE WILL SE OELPIEREO IN ACCORDANCE WITH THE • POLICY PROVISIONS. '` Dallas Airmotive, Inc. AUTHOREEDREPRESENTATIVE .st.-R 900 Nolen Drive Suite 100 Grapevine TX 76051-8641 USA �f /J ,(/' �i elan r< 'lareYtC 5 odN,Artaa `a.4% • L91888-2010 ACORD CORPORATION.All rights reserved. ACORD 26(2010/06) The ACORO name and logo are registered marks of ACORD 1 or troubles causing cessation,slowdown or interruption of work,or failure of manufacturers,suppliers and subcontractors to furnish parts,labor or materials within their normal delivery times. 11.Additional or Conflicting Terms.Any different or additional terms and conditions proposed by Customer as a part,of this transaction are objected to by Dallas Airmotive,Inc.,unless specifically accepted in writing. 12.Applicable Lawflien Rights.The laws of the State of Texas shall govern this transaction,which is entered into in Dallas County,Texas. Customer agrees that the work performed hereunder involves part of an aircraft and that Dallas Airmotive,Inc.may lien the work performed or the aircraft pursuant to the laws of the State of Texas. 13.Assignment. Customer may not assign this transaction in whole or in part,to a third party without the advance written approval of Dallas Airmotive, Inc. Any such assignment or transfer of Customer's right, title and interest in its property or the work performed shall not relieve Customer of its obligations hereunder. Dallas Airmotive,Inc.•900 Nolen Drive,Suite 100•Grapevine.TX 76051•Phone(214)958.3000•Fax(214)956-2810 E-mail:turbines®dallassirmotive.com•Wwv.dallasairmotive.com Effective 8-04,Revised 4/07 WTY-018 Terms&Conditions—Page 1 of 1 Burns McDonnell SINCE 1898 ATTORNEY-CLIENT WORK PRODUCT Ms.Horvath January 3, 2012 Page 3 deeper wells at some future point in time. Deep wells will be installed with either 15-or 10-foot screened intervals, initially determined based on observed impacts below the water table during the SSI activities. Final placement of well screen intervals will be based on observations at each well location. If impacts(i.e. either visual or odor) are noted at the proposed bottom depth, final depth may be increased based on judgment of the field engineer/geologist. General well location rationale: Approximate locations for monitoring wells are illustrated on the attached site map (see Attachment 1). Prior to commencement of well installation activities, each site will be located by survey and both underground and above ground utilities will be cleared by calling Nebraska One-Call. Soil will be continuously sampled for the deep well at each location to provide detailed geological information as well as information relative to potential MGP impacts and for final placement of the screened interval. A detailed rationale is provided as Attachment 2. After completion each well will be completely developed in accordance with NDEQ policy using pump and surge methodologies. Monitoring Wells MW-01,MW-05, and MW-09 will be completed as flush mounts;the remainder of the monitoring wells will be completed as stick-ups without bollards (due to controlled Site access). The flush mount locations are proposed for those areas that may encounter regular foot traffic. Final top of casing elevations will be surveyed. Time to Complete Task 5 Days Burns &McDonnell Cost $7,775.00 Subcontractor Cost $23,985.00 Total Cost $31,760.00 2) Sample Groundwater Monitoring Wells. Experience at MGP sites indicates that after development, wells should be allowed at least two weeks to return to groundwater equilibrium conditions. A complete round of water levels will be completed prior to each round of sampling. Each well will be sampled using low flow purging and sampling methods. Once well parameters reach equilibrium, groundwater samples will be collected from each of the 15 proposed groundwater monitoring wells, and will be submitted to the analytical laboratory for analysis of volatile organic compounds (VOCs), (SVOCs), cyanide, and Resource Conservation and Recovery Act(RCRA)metals. 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com proposed at several locations due to the observation of impacts at depths considerably below the water table at several locations on site. The depth and length of screened intervals for these wells is somewhat problematic at the site because previous studies and the SSI activities did not result in the identification of bedrock or a specific confining unit at the site. This may result in the need for additional 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com CCUR 23002521 09/30/2011 09/30/2012 EACH OCCURRENCE 110,000,006 X EXCESS LIAR T CLAIMS-MADE AGGREGATE S16,000.000 o60[ 'RETENTION A WORKERS SCMPEXNCSlAtTAIOEN ND WC015884083 09/30/2011 09/30/201T XI we Ui • IOIN All other States T R AOANPROPR/PATNE0XECURVE WC015884083 09/30/2011 09/30/20126.L EACH ACCIDENT S2,000,000 NIA (Men deto/YIa NH) MA,ND,OH,WA,WI,WY E.L.DISEASE-EA EMPLOYEE 52,000,000 II nan,dasO5e under DESCRIPTION OP OPERATpN3 below E.L.DISEASE-POLICY S2,000,000_ Ili DESCRIPTION OP OPERATIONS/LOCATIONS I VEHICLES(Attach ACOR0101.Addhlonal Remarks Schedule,a more space Is raquked) Evidence of Coverage. El 111 CERTIFICATE HOLDER CANCELLATION 2. SHOULD ANY OF THE ABOVE DE80R15SO POLICIES BE CANCELLED BEFORE THE tla EXPIRATION DATE THEREOF,NOTICE WILL SE OELPIEREO IN ACCORDANCE WITH THE • POLICY PROVISIONS. '` Dallas Airmotive, Inc. AUTHOREEDREPRESENTATIVE .st.-R 900 Nolen Drive Suite 100 Grapevine TX 76051-8641 USA �f /J ,(/' �i elan r< 'lareYtC 5 odN,Artaa `a.4% • L91888-2010 ACORD CORPORATION.All rights reserved. ACORD 26(2010/06) The ACORO name and logo are registered marks of ACORD 1 or troubles causing cessation,slowdown or interruption of work,or failure of manufacturers,suppliers and subcontractors to furnish parts,labor or materials within their normal delivery times. 11.Additional or Conflicting Terms.Any different or additional terms and conditions proposed by Customer as a part,of this transaction are objected to by Dallas Airmotive,Inc.,unless specifically accepted in writing. 12.Applicable Lawflien Rights.The laws of the State of Texas shall govern this transaction,which is entered into in Dallas County,Texas. Customer agrees that the work performed hereunder involves part of an aircraft and that Dallas Airmotive,Inc.may lien the work performed or the aircraft pursuant to the laws of the State of Texas. 13.Assignment. Customer may not assign this transaction in whole or in part,to a third party without the advance written approval of Dallas Airmotive, Inc. Any such assignment or transfer of Customer's right, title and interest in its property or the work performed shall not relieve Customer of its obligations hereunder. Dallas Airmotive,Inc.•900 Nolen Drive,Suite 100•Grapevine.TX 76051•Phone(214)958.3000•Fax(214)956-2810 E-mail:turbines®dallassirmotive.com•Wwv.dallasairmotive.com Effective 8-04,Revised 4/07 WTY-018 Terms&Conditions—Page 1 of 1 Burns McDonnell • ATTORNEY-CLIENT WORK PRODUCT Ms. Horvath January 3, 2012 Page 4 Additional samples will be collected to satisfy quality assurance/quality control (QA/QC) objectives at a rate consistent with USEPA guidance. Samples will be analyzed using a standard turn-around time. Costs have been included for four rounds of sampling in consecutive quarters (one year total). Depending on the analytical results, it is possible that after two groundwater sampling rounds there may be enough information to enter into the NDEQ VCP, and to be able to make the argument for no, or limited removal action. Time to Complete Task 4 Days per Event P Y Burns &McDonnell Cost $7,490.00 per Event Subcontractor Cost $7,260.00 per Event Total Cost $14,750.00 per Event 3) Install and Sample Soil Gas Probes. The need for soil gas sampling will be determined after review and evaluation of the groundwater monitoring data from the first sampling event. If groundwater data indicates the need for soil gas sampling, five soil gas probes will be installed using direct-push technology (see Attachment 1). Each installation location will consist of two nested soil gas probes. The deeper probe will be installed at an approximate depth of 2-to 3-feet above the water table. The shallower probe will be installed midway between the deeper probe and 4-feet below ground surface(bgs). Soil gas probes will not be installed shallower than 4-feet bgs in order to minimize the influence of precipitation infiltrating into the vadose zone. Nested soil gas probe locations will be completed with a minimal concrete pad and flush mount well cover. After the soil gas probes have been allowed to equilibrate for no fewer than three days, sampling of soil gas probes will be sampled consistent with USEPA guidance documents. Sampling will consist of two different types of leak testing. A chemical leak test will ensure an airtight seal between the ambient atmosphere and the probe screen. A g p mechanical leak test will ensure the sample train is airtight. After leak testing and purging of the sample probe has been achieved, soil gas samples will be collected from each of the five nested soil gas probe locations plus one duplicate sample per event. These samples will be sent to the laboratory for TO-15 analysis of benzene,toluene, ethylbenzene, and xylene (BTEX) and naphthalene. Costs and schedule reflect installation and two rounds of soil gas probe sampling. 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com everal locations on site. The depth and length of screened intervals for these wells is somewhat problematic at the site because previous studies and the SSI activities did not result in the identification of bedrock or a specific confining unit at the site. This may result in the need for additional 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com CCUR 23002521 09/30/2011 09/30/2012 EACH OCCURRENCE 110,000,006 X EXCESS LIAR T CLAIMS-MADE AGGREGATE S16,000.000 o60[ 'RETENTION A WORKERS SCMPEXNCSlAtTAIOEN ND WC015884083 09/30/2011 09/30/201T XI we Ui • IOIN All other States T R AOANPROPR/PATNE0XECURVE WC015884083 09/30/2011 09/30/20126.L EACH ACCIDENT S2,000,000 NIA (Men deto/YIa NH) MA,ND,OH,WA,WI,WY E.L.DISEASE-EA EMPLOYEE 52,000,000 II nan,dasO5e under DESCRIPTION OP OPERATpN3 below E.L.DISEASE-POLICY S2,000,000_ Ili DESCRIPTION OP OPERATIONS/LOCATIONS I VEHICLES(Attach ACOR0101.Addhlonal Remarks Schedule,a more space Is raquked) Evidence of Coverage. El 111 CERTIFICATE HOLDER CANCELLATION 2. SHOULD ANY OF THE ABOVE DE80R15SO POLICIES BE CANCELLED BEFORE THE tla EXPIRATION DATE THEREOF,NOTICE WILL SE OELPIEREO IN ACCORDANCE WITH THE • POLICY PROVISIONS. '` Dallas Airmotive, Inc. AUTHOREEDREPRESENTATIVE .st.-R 900 Nolen Drive Suite 100 Grapevine TX 76051-8641 USA �f /J ,(/' �i elan r< 'lareYtC 5 odN,Artaa `a.4% • L91888-2010 ACORD CORPORATION.All rights reserved. ACORD 26(2010/06) The ACORO name and logo are registered marks of ACORD 1 or troubles causing cessation,slowdown or interruption of work,or failure of manufacturers,suppliers and subcontractors to furnish parts,labor or materials within their normal delivery times. 11.Additional or Conflicting Terms.Any different or additional terms and conditions proposed by Customer as a part,of this transaction are objected to by Dallas Airmotive,Inc.,unless specifically accepted in writing. 12.Applicable Lawflien Rights.The laws of the State of Texas shall govern this transaction,which is entered into in Dallas County,Texas. Customer agrees that the work performed hereunder involves part of an aircraft and that Dallas Airmotive,Inc.may lien the work performed or the aircraft pursuant to the laws of the State of Texas. 13.Assignment. Customer may not assign this transaction in whole or in part,to a third party without the advance written approval of Dallas Airmotive, Inc. Any such assignment or transfer of Customer's right, title and interest in its property or the work performed shall not relieve Customer of its obligations hereunder. Dallas Airmotive,Inc.•900 Nolen Drive,Suite 100•Grapevine.TX 76051•Phone(214)958.3000•Fax(214)956-2810 E-mail:turbines®dallassirmotive.com•Wwv.dallasairmotive.com Effective 8-04,Revised 4/07 WTY-018 Terms&Conditions—Page 1 of 1 Burns& McDonnell ATTORNEY-CLIENT WORK PRODUCT SINCE 1 8 9 8 Ms. Horvath January 3, 2012 Page 5 Time to Complete Task 9 Days Burns&McDonnell Cost $9,700.00 Subcontractor Cost $10,030.00 Total Cost $19,730 4) Data Reporting. At the conclusion of each round of groundwater sampling, CONSULTANT will provide CLIENTS a brief letter report. After the first monitoring event, CONSULTANT will revise Site tables and figures with the most current groundwater data and provide this to the CLIENTS. The summary letter report will present the findings of the investigation. The final summary report will include a revised site conceptual model that integrates groundwater data with the soil data collected during SSI activities and other previous investigations. Time to Complete Task 5 Days per Event Burns &McDonnell Cost $4,020.00 per Event Subcontractor Cost $0.00 per Event Total Cost $4,020.00 per Event The total cost proposed to complete the Scope of Services is shown below. 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com ). Each installation location will consist of two nested soil gas probes. The deeper probe will be installed at an approximate depth of 2-to 3-feet above the water table. The shallower probe will be installed midway between the deeper probe and 4-feet below ground surface(bgs). Soil gas probes will not be installed shallower than 4-feet bgs in order to minimize the influence of precipitation infiltrating into the vadose zone. Nested soil gas probe locations will be completed with a minimal concrete pad and flush mount well cover. After the soil gas probes have been allowed to equilibrate for no fewer than three days, sampling of soil gas probes will be sampled consistent with USEPA guidance documents. Sampling will consist of two different types of leak testing. A chemical leak test will ensure an airtight seal between the ambient atmosphere and the probe screen. A g p mechanical leak test will ensure the sample train is airtight. After leak testing and purging of the sample probe has been achieved, soil gas samples will be collected from each of the five nested soil gas probe locations plus one duplicate sample per event. These samples will be sent to the laboratory for TO-15 analysis of benzene,toluene, ethylbenzene, and xylene (BTEX) and naphthalene. Costs and schedule reflect installation and two rounds of soil gas probe sampling. 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com everal locations on site. The depth and length of screened intervals for these wells is somewhat problematic at the site because previous studies and the SSI activities did not result in the identification of bedrock or a specific confining unit at the site. This may result in the need for additional 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com CCUR 23002521 09/30/2011 09/30/2012 EACH OCCURRENCE 110,000,006 X EXCESS LIAR T CLAIMS-MADE AGGREGATE S16,000.000 o60[ 'RETENTION A WORKERS SCMPEXNCSlAtTAIOEN ND WC015884083 09/30/2011 09/30/201T XI we Ui • IOIN All other States T R AOANPROPR/PATNE0XECURVE WC015884083 09/30/2011 09/30/20126.L EACH ACCIDENT S2,000,000 NIA (Men deto/YIa NH) MA,ND,OH,WA,WI,WY E.L.DISEASE-EA EMPLOYEE 52,000,000 II nan,dasO5e under DESCRIPTION OP OPERATpN3 below E.L.DISEASE-POLICY S2,000,000_ Ili DESCRIPTION OP OPERATIONS/LOCATIONS I VEHICLES(Attach ACOR0101.Addhlonal Remarks Schedule,a more space Is raquked) Evidence of Coverage. El 111 CERTIFICATE HOLDER CANCELLATION 2. SHOULD ANY OF THE ABOVE DE80R15SO POLICIES BE CANCELLED BEFORE THE tla EXPIRATION DATE THEREOF,NOTICE WILL SE OELPIEREO IN ACCORDANCE WITH THE • POLICY PROVISIONS. '` Dallas Airmotive, Inc. AUTHOREEDREPRESENTATIVE .st.-R 900 Nolen Drive Suite 100 Grapevine TX 76051-8641 USA �f /J ,(/' �i elan r< 'lareYtC 5 odN,Artaa `a.4% • L91888-2010 ACORD CORPORATION.All rights reserved. ACORD 26(2010/06) The ACORO name and logo are registered marks of ACORD 1 or troubles causing cessation,slowdown or interruption of work,or failure of manufacturers,suppliers and subcontractors to furnish parts,labor or materials within their normal delivery times. 11.Additional or Conflicting Terms.Any different or additional terms and conditions proposed by Customer as a part,of this transaction are objected to by Dallas Airmotive,Inc.,unless specifically accepted in writing. 12.Applicable Lawflien Rights.The laws of the State of Texas shall govern this transaction,which is entered into in Dallas County,Texas. Customer agrees that the work performed hereunder involves part of an aircraft and that Dallas Airmotive,Inc.may lien the work performed or the aircraft pursuant to the laws of the State of Texas. 13.Assignment. Customer may not assign this transaction in whole or in part,to a third party without the advance written approval of Dallas Airmotive, Inc. Any such assignment or transfer of Customer's right, title and interest in its property or the work performed shall not relieve Customer of its obligations hereunder. Dallas Airmotive,Inc.•900 Nolen Drive,Suite 100•Grapevine.TX 76051•Phone(214)958.3000•Fax(214)956-2810 E-mail:turbines®dallassirmotive.com•Wwv.dallasairmotive.com Effective 8-04,Revised 4/07 WTY-018 Terms&Conditions—Page 1 of 1 Burns& McDonnell ATTORNEY-CLIENT WORK PRODUCT Ms. Horvath January 3, 2012 Page 6 • Task Cost Task 1 $31,760.00 Task 2 $14,750.00 per Event $59,000.00 Total (assuming 4 events) Task 3 $19,730.00 (if necessary) Task 4 $4,020.00 per Event $16,080.00 Total (assuming 4 events) Total Cost '$126,570.00 (assuming 4 events) COMPENSATION A. Amount of Payment 1. For services performed, CLIENT shall pay CONSULTANT the sum of amounts determined as follows: a. For time spent by personnel,payment at the hourly rates indicated in the attached "Schedule of Hourly Professional Service Billing Rates" Form BMR1012. Such rates include overhead and profit. The rate schedule is effective to December 31, 2012, and will be revised thereafter. b. For photocopy,telephone, fax, normal computer usage and computer-aided drafting (CAD), and mail a technology charge per labor hour as specified on the rate schedule in effect at the time the service is provided. c. For expenses incurred by CONSULTANT, such as authorized travel and subsistence including airfare, food, lodging, automobile rental, commercial services, and incidental expenses,the cost to CONSULTANT without any additional mark-up. d. For reproduction, company vehicle usage, and testing apparatus, amounts will be charged according to the CONSULTANT's standard rates in effect at the time service is provided. • 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com ad and flush mount well cover. After the soil gas probes have been allowed to equilibrate for no fewer than three days, sampling of soil gas probes will be sampled consistent with USEPA guidance documents. Sampling will consist of two different types of leak testing. A chemical leak test will ensure an airtight seal between the ambient atmosphere and the probe screen. A g p mechanical leak test will ensure the sample train is airtight. After leak testing and purging of the sample probe has been achieved, soil gas samples will be collected from each of the five nested soil gas probe locations plus one duplicate sample per event. These samples will be sent to the laboratory for TO-15 analysis of benzene,toluene, ethylbenzene, and xylene (BTEX) and naphthalene. Costs and schedule reflect installation and two rounds of soil gas probe sampling. 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com everal locations on site. The depth and length of screened intervals for these wells is somewhat problematic at the site because previous studies and the SSI activities did not result in the identification of bedrock or a specific confining unit at the site. This may result in the need for additional 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com CCUR 23002521 09/30/2011 09/30/2012 EACH OCCURRENCE 110,000,006 X EXCESS LIAR T CLAIMS-MADE AGGREGATE S16,000.000 o60[ 'RETENTION A WORKERS SCMPEXNCSlAtTAIOEN ND WC015884083 09/30/2011 09/30/201T XI we Ui • IOIN All other States T R AOANPROPR/PATNE0XECURVE WC015884083 09/30/2011 09/30/20126.L EACH ACCIDENT S2,000,000 NIA (Men deto/YIa NH) MA,ND,OH,WA,WI,WY E.L.DISEASE-EA EMPLOYEE 52,000,000 II nan,dasO5e under DESCRIPTION OP OPERATpN3 below E.L.DISEASE-POLICY S2,000,000_ Ili DESCRIPTION OP OPERATIONS/LOCATIONS I VEHICLES(Attach ACOR0101.Addhlonal Remarks Schedule,a more space Is raquked) Evidence of Coverage. El 111 CERTIFICATE HOLDER CANCELLATION 2. SHOULD ANY OF THE ABOVE DE80R15SO POLICIES BE CANCELLED BEFORE THE tla EXPIRATION DATE THEREOF,NOTICE WILL SE OELPIEREO IN ACCORDANCE WITH THE • POLICY PROVISIONS. '` Dallas Airmotive, Inc. AUTHOREEDREPRESENTATIVE .st.-R 900 Nolen Drive Suite 100 Grapevine TX 76051-8641 USA �f /J ,(/' �i elan r< 'lareYtC 5 odN,Artaa `a.4% • L91888-2010 ACORD CORPORATION.All rights reserved. ACORD 26(2010/06) The ACORO name and logo are registered marks of ACORD 1 or troubles causing cessation,slowdown or interruption of work,or failure of manufacturers,suppliers and subcontractors to furnish parts,labor or materials within their normal delivery times. 11.Additional or Conflicting Terms.Any different or additional terms and conditions proposed by Customer as a part,of this transaction are objected to by Dallas Airmotive,Inc.,unless specifically accepted in writing. 12.Applicable Lawflien Rights.The laws of the State of Texas shall govern this transaction,which is entered into in Dallas County,Texas. Customer agrees that the work performed hereunder involves part of an aircraft and that Dallas Airmotive,Inc.may lien the work performed or the aircraft pursuant to the laws of the State of Texas. 13.Assignment. Customer may not assign this transaction in whole or in part,to a third party without the advance written approval of Dallas Airmotive, Inc. Any such assignment or transfer of Customer's right, title and interest in its property or the work performed shall not relieve Customer of its obligations hereunder. Dallas Airmotive,Inc.•900 Nolen Drive,Suite 100•Grapevine.TX 76051•Phone(214)958.3000•Fax(214)956-2810 E-mail:turbines®dallassirmotive.com•Wwv.dallasairmotive.com Effective 8-04,Revised 4/07 WTY-018 Terms&Conditions—Page 1 of 1 Burns& McDonnell ATTORNEY-CLIENT WORK PRODUCT SINCE 1898 Ms. Horvath January 3, 2012. Page 7 e. For services rendered by others as subcontractor(s)to CONSULTANT such as surveying, real property descriptions, soil borings, subsurface investigations, laboratory testing, field quality control tests, environmental data base search, photos, subconsultants or other activities required or requested by CLIENT, will be billed at the cost to CONSULTANT plus 10 percent. 2. Taxes: Any sales or use taxes, or their equivalent, imposed by state and local authorities shall be in addition to the payment stated under"Amount of Payment." 3. Total payment for the Scope of Services described herein is estimated to be One Hundred Twenty Six Thousand Five Hundred Seventy Dollars ($126,570), but is not a guaranteed maximum; however,this amount shall not be exceeded without prior written consent of CLIENT. This total amount is based on four groundwater sampling events, if less are required,the total payment will be reduced as appropriate. 4. Soil gas sampling has been included in this Scope of Services if groundwater data indicates necessity;this determination will be made after two groundwater sampling rounds have been completed. If it is determined that soil gas sampling is not necessary, this cost will not be billed to CLIENT. B. Statements 1. Monthly statements shall be submitted by CONSULTANT to CLIENT covering services performed and expenses incurred during preceding month. 2. Statements will be certified and will set forth: hours worked by each person,total hours worked and total labor billing, and a summary of expenses and charges. Upon request, documentation of reimbursable expenses included in the statement will be provided at the cost to CONSULTANT as described under A.1. • 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com . A chemical leak test will ensure an airtight seal between the ambient atmosphere and the probe screen. A g p mechanical leak test will ensure the sample train is airtight. After leak testing and purging of the sample probe has been achieved, soil gas samples will be collected from each of the five nested soil gas probe locations plus one duplicate sample per event. These samples will be sent to the laboratory for TO-15 analysis of benzene,toluene, ethylbenzene, and xylene (BTEX) and naphthalene. Costs and schedule reflect installation and two rounds of soil gas probe sampling. 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com everal locations on site. The depth and length of screened intervals for these wells is somewhat problematic at the site because previous studies and the SSI activities did not result in the identification of bedrock or a specific confining unit at the site. This may result in the need for additional 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com CCUR 23002521 09/30/2011 09/30/2012 EACH OCCURRENCE 110,000,006 X EXCESS LIAR T CLAIMS-MADE AGGREGATE S16,000.000 o60[ 'RETENTION A WORKERS SCMPEXNCSlAtTAIOEN ND WC015884083 09/30/2011 09/30/201T XI we Ui • IOIN All other States T R AOANPROPR/PATNE0XECURVE WC015884083 09/30/2011 09/30/20126.L EACH ACCIDENT S2,000,000 NIA (Men deto/YIa NH) MA,ND,OH,WA,WI,WY E.L.DISEASE-EA EMPLOYEE 52,000,000 II nan,dasO5e under DESCRIPTION OP OPERATpN3 below E.L.DISEASE-POLICY S2,000,000_ Ili DESCRIPTION OP OPERATIONS/LOCATIONS I VEHICLES(Attach ACOR0101.Addhlonal Remarks Schedule,a more space Is raquked) Evidence of Coverage. El 111 CERTIFICATE HOLDER CANCELLATION 2. SHOULD ANY OF THE ABOVE DE80R15SO POLICIES BE CANCELLED BEFORE THE tla EXPIRATION DATE THEREOF,NOTICE WILL SE OELPIEREO IN ACCORDANCE WITH THE • POLICY PROVISIONS. '` Dallas Airmotive, Inc. AUTHOREEDREPRESENTATIVE .st.-R 900 Nolen Drive Suite 100 Grapevine TX 76051-8641 USA �f /J ,(/' �i elan r< 'lareYtC 5 odN,Artaa `a.4% • L91888-2010 ACORD CORPORATION.All rights reserved. ACORD 26(2010/06) The ACORO name and logo are registered marks of ACORD 1 or troubles causing cessation,slowdown or interruption of work,or failure of manufacturers,suppliers and subcontractors to furnish parts,labor or materials within their normal delivery times. 11.Additional or Conflicting Terms.Any different or additional terms and conditions proposed by Customer as a part,of this transaction are objected to by Dallas Airmotive,Inc.,unless specifically accepted in writing. 12.Applicable Lawflien Rights.The laws of the State of Texas shall govern this transaction,which is entered into in Dallas County,Texas. Customer agrees that the work performed hereunder involves part of an aircraft and that Dallas Airmotive,Inc.may lien the work performed or the aircraft pursuant to the laws of the State of Texas. 13.Assignment. Customer may not assign this transaction in whole or in part,to a third party without the advance written approval of Dallas Airmotive, Inc. Any such assignment or transfer of Customer's right, title and interest in its property or the work performed shall not relieve Customer of its obligations hereunder. Dallas Airmotive,Inc.•900 Nolen Drive,Suite 100•Grapevine.TX 76051•Phone(214)958.3000•Fax(214)956-2810 E-mail:turbines®dallassirmotive.com•Wwv.dallasairmotive.com Effective 8-04,Revised 4/07 WTY-018 Terms&Conditions—Page 1 of 1 Burns McDonnell ATTORNEY-CLIENT WORK PRODUCT SINCE 1 8 9 8 Ms. Horvath January 3, 2012 Page 8 TERMS AND CONDITIONS The attached Terms and Conditions for Professional Services, Form No. BMCD Consulting T&C KC Rev 0 dated 05/11/04, is incorporated and made a part of this Agreement. We appreciate the opportunity to present this proposal. If it is acceptable, please sign and return one copy for our file. Sincerely, ACCEPTED: City of Omaha,Nebraska „, By , Stephen M. Linnemann, P.E Vice President 'fie fiV4V�jQ /7 � Date Matt Cox Project Manager Attachments ROVED ,,�pTO FORD Y - � cc: /V 6, //Jd'- SML/trd ASSIST (MA Mr. David Tripp—Stinson,Morrison, Hecker, LLP. Mr. Ronald Bucher—Metropolitan Utility District ATTEST: At- 41/ = s er Brown, ity Clerk • • 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com r data indicates necessity;this determination will be made after two groundwater sampling rounds have been completed. If it is determined that soil gas sampling is not necessary, this cost will not be billed to CLIENT. B. Statements 1. Monthly statements shall be submitted by CONSULTANT to CLIENT covering services performed and expenses incurred during preceding month. 2. Statements will be certified and will set forth: hours worked by each person,total hours worked and total labor billing, and a summary of expenses and charges. Upon request, documentation of reimbursable expenses included in the statement will be provided at the cost to CONSULTANT as described under A.1. • 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com . A chemical leak test will ensure an airtight seal between the ambient atmosphere and the probe screen. A g p mechanical leak test will ensure the sample train is airtight. After leak testing and purging of the sample probe has been achieved, soil gas samples will be collected from each of the five nested soil gas probe locations plus one duplicate sample per event. These samples will be sent to the laboratory for TO-15 analysis of benzene,toluene, ethylbenzene, and xylene (BTEX) and naphthalene. Costs and schedule reflect installation and two rounds of soil gas probe sampling. 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com everal locations on site. The depth and length of screened intervals for these wells is somewhat problematic at the site because previous studies and the SSI activities did not result in the identification of bedrock or a specific confining unit at the site. This may result in the need for additional 9400 Ward Parkway•Kansas City,MO 64114-3319 Tel: 816 333-9400•Fax: 816 333-3690•www.burnsmcd.com CCUR 23002521 09/30/2011 09/30/2012 EACH OCCURRENCE 110,000,006 X EXCESS LIAR T CLAIMS-MADE AGGREGATE S16,000.000 o60[ 'RETENTION A WORKERS SCMPEXNCSlAtTAIOEN ND WC015884083 09/30/2011 09/30/201T XI we Ui • IOIN All other States T R AOANPROPR/PATNE0XECURVE WC015884083 09/30/2011 09/30/20126.L EACH ACCIDENT S2,000,000 NIA (Men deto/YIa NH) MA,ND,OH,WA,WI,WY E.L.DISEASE-EA EMPLOYEE 52,000,000 II nan,dasO5e under DESCRIPTION OP OPERATpN3 below E.L.DISEASE-POLICY S2,000,000_ Ili DESCRIPTION OP OPERATIONS/LOCATIONS I VEHICLES(Attach ACOR0101.Addhlonal Remarks Schedule,a more space Is raquked) Evidence of Coverage. El 111 CERTIFICATE HOLDER CANCELLATION 2. SHOULD ANY OF THE ABOVE DE80R15SO POLICIES BE CANCELLED BEFORE THE tla EXPIRATION DATE THEREOF,NOTICE WILL SE OELPIEREO IN ACCORDANCE WITH THE • POLICY PROVISIONS. '` Dallas Airmotive, Inc. AUTHOREEDREPRESENTATIVE .st.-R 900 Nolen Drive Suite 100 Grapevine TX 76051-8641 USA �f /J ,(/' �i elan r< 'lareYtC 5 odN,Artaa `a.4% • L91888-2010 ACORD CORPORATION.All rights reserved. ACORD 26(2010/06) The ACORO name and logo are registered marks of ACORD 1 or troubles causing cessation,slowdown or interruption of work,or failure of manufacturers,suppliers and subcontractors to furnish parts,labor or materials within their normal delivery times. 11.Additional or Conflicting Terms.Any different or additional terms and conditions proposed by Customer as a part,of this transaction are objected to by Dallas Airmotive,Inc.,unless specifically accepted in writing. 12.Applicable Lawflien Rights.The laws of the State of Texas shall govern this transaction,which is entered into in Dallas County,Texas. Customer agrees that the work performed hereunder involves part of an aircraft and that Dallas Airmotive,Inc.may lien the work performed or the aircraft pursuant to the laws of the State of Texas. 13.Assignment. Customer may not assign this transaction in whole or in part,to a third party without the advance written approval of Dallas Airmotive, Inc. Any such assignment or transfer of Customer's right, title and interest in its property or the work performed shall not relieve Customer of its obligations hereunder. Dallas Airmotive,Inc.•900 Nolen Drive,Suite 100•Grapevine.TX 76051•Phone(214)958.3000•Fax(214)956-2810 E-mail:turbines®dallassirmotive.com•Wwv.dallasairmotive.com Effective 8-04,Revised 4/07 WTY-018 Terms&Conditions—Page 1 of 1 • BURNS & MCDONNELL ENGINEERING COMPANY, INC. TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES Project: Date of Letter,Proposal or Agreement: I Client: Client Signature: 1.SCOPE OF SERVICES 5. PROFESSIONAL RESPONSIBILITY — LIMITATION OF For the above-referenced Project, Bums & McDonnell Engineering REMEDIES Company, Inc. ("BMCD") will perform the services set forth in the A. BMCD will exercise reasonable skill, care and diligence in the above-referenced Letter, Proposal or Agreement, in accordance with performance of its services and will carry out its responsibilities in these Terms and Conditions. BMCD has relied upon the information accordance with customarily accepted professional practices. If BMCD provided by Client in the preparation of the Proposal,and shall rely on fails to meet the foregoing standard,BMCD will perform at its own cost, the information provided by or through Client during the execution of the professional services necessary to correct errors and omissions this Project as complete and accurate without independent verification. reported to BMCD in writing within one year from the completion of 2.PAYMENTS TO BMCD BMCD's services for the Project. No warranty, express or implied, is included in this Agreement or regarding any drawing, specification, or A. Compensation will be as stated in the above-referenced Letter, other work product or instrument of service. Proposal or Agreement.Statements will be in BMCD's standard format B. In no event will BMCD be liable for any special, indirect or and are payable upon receipt. Time is of the essence in payment of consequential damages including, without limitation, damages or statements,and timely payment is a material part of the consideration losses in the nature of increased Project costs, loss of revenue or of this Agreement.A late payment charge will be added to all amounts profit, lost production, claims by customers of Client or for not paid within 30 days of statement date and shall be calculated at 1.5 govemmental fines or penalties. percent per month from statement date. Client shall reimburse any costs incurred by BMCD in collecting any delinquent amount,including C. BMCD's aggregate liability for all damages connected with its reasonable attomey's fees. If a portion of BMCD's statement is services for the Project not excluded by the preceding subparagraph, disputed, Client shall pay the undisputed portion by the due date. whether or not covered by BMCD's insurance, will not exceed the Client shall advise BMCD in writing of the basis for any disputed greater of$100,000 or the compensation paid for BMCD's services. portion of any statement. D. These mutually negotiated obligations and remedies stated in this B. Taxes as may be imposed on professional consulting services by Paragraph 5, Professional Responsibility—Limitation of Remedies,are state or local authorities shall be in addition to the payment stated in the sole and exclusive obligations of BMCD and remedies of Client, the above-referenced Letter,Proposal or Agreement. whether liability of BMCD is based on contract,warranty,strict liability, 3. INSURANCE tort(including negligence),indemnity or otherwise. 6. PERIOD OF SERVICE AND SCHEDULE A. During the course of performance of its services, BMCD will . The provisions of this Agreement have been agreed to in anticipation maintain Worker's Compensation insurance with limits as required by of the orderly and continuous progress of the Project through statute, Employer's Liability insurance with limits of $1,000,000 and completion of the services stated in the Proposal.BMCD's obligation to Commercial General Liability and Automobile Liability insurance each render services hereunder will extend for a period, which may - with combined single limits of$1,000,000. reasonably be required for the completion of said services.BMCD shall B. If the Project involves on-site construction, construction contractors make reasonable efforts to comply with deliverable schedules (if any) shall be required to provide(or Client may provide)Owner's Protective and consistent with BMCD's professional responsibility. Liability Insurance naming Client as a Named Insured and BMCD as 7. COMPUTER PROGRAMS OR MODELS an Additional Insured or to endorse Client and BMCD using ISO form Any use, development, modification, or integration by BMCD of CG 20 10 11 85 endorsement or its equivalent as Additional Insureds computer models or programs does not constitute ownership or a on all construction contractor's liability insurance policies covering license to Client to use or modify such computer models or programs. claims for personal injuries and property damage in at least the amounts required of BMCD in 3 A above. Construction contractors 8. ELECTRONIC MEDIA AND DATA TRANSMISSIONS shall be required to provide certificates evidencing such insurance to A. Any electronic media (computer disks, tapes, etc.) or data Client and BMCD.Contractor's compensation shall include the cost of transmissions fumished (including Project Web Sites or CAD file such insurance including coverage for contractual and indemnification transmissions) are for Client information and convenience only. Such obligations herein. media or transmissions are not to be considered part of BMCD's • instruments of service. BMCD,at its option, may remove all indicia of C. Client and BMCD release each other and waive all rights of its ownership and involvement from each electronic display. subrogation against each other and their officers,directors, agents,or employees for damage covered by property insurance during and after B. BMCD shall not be liable for loss or damage directly or indirectly, the completion of BMCD's services. A provision similar to this shall be arising out of Client's use of electronic media or data transmissions. incorporated into all construction contracts entered into by Client, and 9. DOCUMENTS all construction contractors shall be required to provide waivers of subrogation in favor of Client and BMCD for damage covered by any A. All documents prepared by BMCD pursuant to this Agreement are construction contractor's property insurance. instruments of service in respect of the Project specified herein. They 4.INDEMNIFICATION are not intended or represented to be suitable for reuse by Client or others in extensions of the Project beyond that now contemplated or A. To the extent allowed by law, Client will require all construction on any other Project.Any reuse, extension, or completion by Client or contractors to indemnify, defend and hold harmless Client and BMCD others without written verification, adaptation, and permission by from any and all loss where loss is caused or alleged to be caused in BMCD for the specific purpose intended will be at Client's sole risk and whole or in part by the construction contractors, their employees, without liability or legal exposure to BMCD. agents,subcontractors or suppliers. B. In the event that BMCD is to reuse,copy or adapt all or portions of B. If this Project involves construction and BMCD does not provide reports, plans or specifications prepared by others, Client represents consulting services during construction including,but not limited to,on- that Client either possesses or will obtain permission and necessary site monitoring,site visits,site observation,shop drawing review and/or rights in copyright, patents or other proprietary rights and will be design clarifications, Client agrees to indemnify and hold harmless responsible for any infringement claims by others. Client warrants the BMCD from any liability arising from this Project or Agreement,except completeness,accuracy and efficacy the information,data,and design to the extent caused by BMCD's negligence. provided by or through Client(including prepared for Client by others), for which BMCD shall rely on to perform and complete it's services. I (continued on reverse side) BMCD Consulting T&C KC Rev 0 051104.doc • 10.ESTIMATES,SCHEDULES,FORECASTS,AND PROJECTIONS 15.DISPUTES,NEGOTIATIONS,MEDIATION Estimates, schedules, forecasts, and projections prepared by BMCD relating to loads,interest rates and other financial analysis parameters, A. If a dispute arises relating to the performance of the services to be construction costs and schedules, operation and maintenance costs, provided and should that dispute result in litigation,it is agreed that the equipment characteristics and performance, and operating results are substantially prevailing party (as determined in equity by the court) opinions based on BMCD's experience,qualifications and judgment as shall be entitled to recover all reasonable costs of litigation, including a professional. Since BMCD has no control over weather, cost and staff time,court costs,attomey's fees and other related expenses. availability of labor, material and equipment, cost of fuel or other B. The parties shall participate in good faith negotiations to resolve utilities, labor productivity, construction contractor's procedures and any and all disputes. Should negotiations fail, the parties agree to methods, unavoidable delays, construction contractor's methods of submit to and participate in a third party facilitated mediation as a determining prices, economic conditions, govemment regulations and condition precedent to resolution by litigation.Unless otherwise agreed laws (including the interpretation thereof), competitive bidding or to, mediation shall be conducted under the rules of the American market conditions and other factors affecting such estimates or Arbitration Association. projections, BMCD does not guarantee that actual rates, costs, quantities, performance,schedules,etc.,will not vary significantly from C. Causes of action between the parties shall accrue, and applicable estimates and projections prepared by BMCD. statutes of limitation shall commence to run the date BMCD's services 11. POLLUTION are substantially complete. In view of the uncertainty involved in investigating and recommending 16. WITNESS FEES solutions to environmental problems and the abnormal degree of risk A. BMCD's employees shall not be retained as expert witnesses, of claims imposed upon BMCD in performing such services, except by separate written agreement. notwithstanding the responsibility of BMCD set forth in Paragraph 5.A; To the maximum extent allowed by law, Client agrees to release, B. Client agrees to pay BMCD pursuant to BMCD's then current defend, indemnify and hold harmless BMCD and its officers,directors, schedule of hourly labor billing rates for time spent by any employee of employees, agents, consultants and subcontractors from all liability, BMCD responding to any subpoena by any party in any dispute as an claims, demands, damages, losses, and expenses, including, but not occurrence witness or to assemble and produce documents resulting limited to, claims of Client and other persons and organizations, from BMCD's services under this Agreement. reasonable fees and expenses of attorneys and consultants,and court 17. CONTROLLING LAW AND VENUE. costs, except where there has been a final adjudication that the damages were caused by BMCD's willful disregard of its obligations This Agreement shall be subject to,interpreted and enforced according under this Agreement. Such indemnification includes claims arising to the laws of the State of Missouri without regard to any conflicts of out of or in any way relating to the actual, alleged, or threatened law provisions. Parties agree to submit to the exclusive venue and dispersal, escape, or release of, or failure to detect or contain jurisdiction of the 16th Judicial Circuit Court of Jackson County chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of contaminant or pollutant. Missouri. 12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Schedule of Hourly Professional Service Billing Rates Position Classification Hourly Classification Level Billing Rate General Office* 5 $ 58.00 Technician* 6 66.00 Assistant* 7 78.00 8 111.00 9 121.00 Staff* 10 134.00 11 150.00 Senior 12 161.00 13 172.00 Associate 14 185.00 15 195.00 16 200.00 17 207.00 NOTES: 1. Position classifications listed above refer to the firm's internal classification system for employee compensation. For example, "Associate", "Senior", etc., refer to such positions as"Associate Engineer", "Senior Architect", etc. 2. For any nonexempt personnel in positions marked with an asterisk(*), overtime will be billed at 1.5 times the hourly labor billing rates shown. 3. Project time spent by corporate officers will be billed at the Level 17 rate plus 25%. 4. For outside expenses incurred by Burns& McDonnell, such as authorized travel and subsistence, and for services rendered by others such as subcontractors,the client shall pay the cost to Burns& McDonnell plus 10%. per labor hour will be billed for normal computer usage, computer 5. A technology charge of$9.95 ab p g aided drafting (CAD), long distance telephone, fax, photocopy and mail services. Specialty items(such as web and video conferencing) are not included in the technology charge. 6. Monthly invoices will be submitted for payment covering services and expenses during the preceding month. Invoices are due upon receipt. A late payment charge of 1.5% per month will be added to all amounts not paid within 30 days of the invoice date. 7. The services of contract/agency personnel shall be billed to Owner according to the rate sheet as if such contract/agency personnel is a direct employee of Burns& McDonnell. 8. The rates shown above are effective for services through December 31, 2012, and are subject to revision thereafter. Form BMR1012 pon BMCD in performing such services, except by separate written agreement. notwithstanding the responsibility of BMCD set forth in Paragraph 5.A; To the maximum extent allowed by law, Client agrees to release, B. Client agrees to pay BMCD pursuant to BMCD's then current defend, indemnify and hold harmless BMCD and its officers,directors, schedule of hourly labor billing rates for time spent by any employee of employees, agents, consultants and subcontractors from all liability, BMCD responding to any subpoena by any party in any dispute as an claims, demands, damages, losses, and expenses, including, but not occurrence witness or to assemble and produce documents resulting limited to, claims of Client and other persons and organizations, from BMCD's services under this Agreement. reasonable fees and expenses of attorneys and consultants,and court 17. CONTROLLING LAW AND VENUE. costs, except where there has been a final adjudication that the damages were caused by BMCD's willful disregard of its obligations This Agreement shall be subject to,interpreted and enforced according under this Agreement. Such indemnification includes claims arising to the laws of the State of Missouri without regard to any conflicts of out of or in any way relating to the actual, alleged, or threatened law provisions. Parties agree to submit to the exclusive venue and dispersal, escape, or release of, or failure to detect or contain jurisdiction of the 16th Judicial Circuit Court of Jackson County chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of contaminant or pollutant. Missouri. 12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Attachments � x'C3cCD"1 P G o - - O O ''b • N o 0p P Z CD 0 U R Z co N CD CD 0 P4 CA B -,..*.r,.) c).0 Z N o � Cd �• co n Qki \ . 1 N fy co co r 6 1 N'„ , 1 t / 5 ' y , ry. .. yi} #, by . fo a PZ / • . . , • lc � (il � - � . 9 2 /:§zZ/ . . ! - / 2 .3 - � ITY COUNCIL DOCUMENTS\2011\30142dIm Attachment 1 Figure 1 —Proposed Groundwater Monitoring Locations and Soil Gas Monitoring Locations ''b • N o 0p P Z CD 0 U R Z co N CD CD 0 P4 CA B -,..*.r,.) c).0 Z N o � Cd �• co n Qki \ . 1 N fy co co r 6 1 N'„ , 1 t / 5 ' y , ry. .. yi} #, by . fo a PZ / • . . , • lc � (il � - � . 9 2 /:§zZ/ . . ! - / 2 .3 - � ITY COUNCIL DOCUMENTS\2011\30142dIm ,t ro a 'O O ° c .0.. l0 coi °1rn 3 0` o m , 9 O J 3 2 ov�o N '� N �_ a- ;lID o thu O7 i' 0_f �Q `E U jr. d C O ;g In � -2' o o & & m o J 8 9 0 Oy a` 0. c30 .4 oa�iu ` O V' C 111111 c.i$ 0 0t0 y v ° 0 1 * ae. 110 I-1 El m <:>‘ 0 N °• R��Is ❑ I I hi 4 n \- III u i .N. o'r;' p ° 00 i..._._..�..._=._=_ 4 • \C • i I 0 91, `S� 9 1 v i \ i pxw'1.61j\sao0orMSl`J\4LS69\eiswAsVL183 N VIHVWO\ N3\N 'ONI'ANVdWOO ONI833NION3 113NNO03IN 8 SNL1f18 OLOZ 0 11-1OI AdOO authorized travel and subsistence, and for services rendered by others such as subcontractors,the client shall pay the cost to Burns& McDonnell plus 10%. per labor hour will be billed for normal computer usage, computer 5. A technology charge of$9.95 ab p g aided drafting (CAD), long distance telephone, fax, photocopy and mail services. Specialty items(such as web and video conferencing) are not included in the technology charge. 6. Monthly invoices will be submitted for payment covering services and expenses during the preceding month. Invoices are due upon receipt. A late payment charge of 1.5% per month will be added to all amounts not paid within 30 days of the invoice date. 7. The services of contract/agency personnel shall be billed to Owner according to the rate sheet as if such contract/agency personnel is a direct employee of Burns& McDonnell. 8. The rates shown above are effective for services through December 31, 2012, and are subject to revision thereafter. Form BMR1012 pon BMCD in performing such services, except by separate written agreement. notwithstanding the responsibility of BMCD set forth in Paragraph 5.A; To the maximum extent allowed by law, Client agrees to release, B. Client agrees to pay BMCD pursuant to BMCD's then current defend, indemnify and hold harmless BMCD and its officers,directors, schedule of hourly labor billing rates for time spent by any employee of employees, agents, consultants and subcontractors from all liability, BMCD responding to any subpoena by any party in any dispute as an claims, demands, damages, losses, and expenses, including, but not occurrence witness or to assemble and produce documents resulting limited to, claims of Client and other persons and organizations, from BMCD's services under this Agreement. reasonable fees and expenses of attorneys and consultants,and court 17. CONTROLLING LAW AND VENUE. costs, except where there has been a final adjudication that the damages were caused by BMCD's willful disregard of its obligations This Agreement shall be subject to,interpreted and enforced according under this Agreement. Such indemnification includes claims arising to the laws of the State of Missouri without regard to any conflicts of out of or in any way relating to the actual, alleged, or threatened law provisions. Parties agree to submit to the exclusive venue and dispersal, escape, or release of, or failure to detect or contain jurisdiction of the 16th Judicial Circuit Court of Jackson County chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of contaminant or pollutant. Missouri. 12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Attachment 2 Groundwater Monitoring Well Rationale ions and Soil Gas Monitoring Locations ''b • N o 0p P Z CD 0 U R Z co N CD CD 0 P4 CA B -,..*.r,.) c).0 Z N o � Cd �• co n Qki \ . 1 N fy co co r 6 1 N'„ , 1 t / 5 ' y , ry. .. yi} #, by . fo a PZ / • . . , • lc � (il � - � . 9 2 /:§zZ/ . . ! - / 2 .3 - � ITY COUNCIL DOCUMENTS\2011\30142dIm Attachment 2—Groundwater Monitoring Well Rationale The following presents a brief rationale for locations and screened intervals. This presentation is intended to supplement information provided in the proposal: MW-01: Located near the southeast corner of the site in locations potentially up-gradient of the southern.purifier boxes. Both shallow and deep impacts were observed in this area during SSI test trench and boring activities and,therefore, a water table well and deep well will be installed. Tentative screen depths will be MW-01 S (5-20 ft.) and MW-01D (35-50 ft.). Field observations during installation may result in deep well screens being adjusted deeper due to observations noted at SSI BH-01. • MW-02: Located near the southwest corner of the original MGP activities and assumed to be up-gradient to the west. A water table well and a deep well will be installed with a screen interval at 15-30 ft. and 35-50 ft. respectively. • MW-03 &MW-04: These wells are located along an east-west line south of the MGP operating area and will be installed in the area of fill material south of the vacated Center St. Most of this fill material is believed to be "clean" and to have been placed during the time of construction of the two large western holders. These two well locations are presumed to be up-gradient of former MGP operating area but down-gradient of the impacted southern purifier box area. Wells MW-03 and MW-04 will be screened at the water table only (10-25 ft. screened interval). • MW-05: Located in the general area of the former relief holder and will include both a water table well and deep well. Installation of these wells may require drilling through the relief holder foundation slab which could not be penetrated using the geoprobe during the SSI activities. This location is presumed to be up-gradient to the east of the primary MGP operations; however shallow impacts were observed during the SSI activities. Deep impacts were not adequately evaluated due to the existence of the holder slab, existing structures, site topography and on-site utilities. Tentative screen intervals are 10- 20 ft. and 25-35 ft. • MW-06: This well location is near S. 20th Street in the area between the historical meter house and purifier house and will include both a water table well and a deep well. This location is east of most of the site structures but is also generally down-gradient from all three gas holders. Well screens will be placed approximately at 15-30 ft. and 35-45ft. for the shallow and deep wells respectively. • MW-07: This well pair is located along the northwestern edge of the original MGP property near the base of the railroad right-of-way embankment. This well location is down-gradient of the MGP operating and tar handling areas. Tentative screen intervals for water table and deep wells are 10-25 ft. and 30-45 ft. respectively. Both shallow and deep impacts were observed during the SSI activities up-gradient of these well locations. If impacts are observed in groundwater at these locations, additional off-site well installation maybe required. ject to,interpreted and enforced according under this Agreement. Such indemnification includes claims arising to the laws of the State of Missouri without regard to any conflicts of out of or in any way relating to the actual, alleged, or threatened law provisions. Parties agree to submit to the exclusive venue and dispersal, escape, or release of, or failure to detect or contain jurisdiction of the 16th Judicial Circuit Court of Jackson County chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of contaminant or pollutant. Missouri. 12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc • MW-08: This well location is near the most northern point of the site and maybe side- gradient of the site. The location will include a water table well and a deep well screened at 15-30 ft. and 35-45 ft. respectively. • MW-09: This well is located in the southwest corner of the Site near the former"Tar Pit" identified by EPA. The well is tentatively scheduled to be screened from 35-50 ft. below ground surface. The purpose of this well is to confirm or rebut the existence of this feature. y , ry. .. yi} #, by . fo a PZ / • . . , • lc � (il � - � . 9 2 /:§zZ/ . . ! - / 2 .3 - � ITY COUNCIL DOCUMENTS\2011\30142dIm c asA CITY OF OMAHA . • LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the continued development and expansion of Lynch Park area is a priority to the City of Omaha, and its citizens; and, WHEREAS, Region 7 of the United States Environmental Protection Agency ("EPA") conducted an environmental investigation and concluded that the Lynch Park site is potentially contaminated with coal tar waste from the operation of the former manufactured gas plant; and, WHEREAS, the City of Omaha was in the past and is currently the record owner of the land and MUD was the public utility operating the former manufactured gas plant; and, WHEREAS, the EPA has deemed the City as well as MUD as Potentially Responsible Parties (PRPs); and, WHEREAS, the EPA has advised the PRPs to either remediate the site using the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA aka "Superfund") process or enter Nebraska Department of Environmental Quality's ("NDEQ") Voluntary Clean-up Program("VCP"); and, WHEREAS, Burns & McDonnell, earlier this year conducted subsurface and soil testing which has characterized the extent of coal tar waste and other contamination at the Lynch Park site and delineated remaining data gaps in the contamination information; and, WHEREAS, in order to address the data gaps and present NDEQ with a more accurate depiction of the contamination at Lynch Park, the City and MUD asked that Burns & McDonnell prepare a proposal to conduct groundwater collection and sampling, and if needed, soil gas sampling; and, WHEREAS, the City and MUD have agreed to each pay one-half of the contract amount with the City paying approximately$63,285.00 of the total $126,570.00; and, By Councilmember Adopted City Clerk Approved Mayor MGP operations; however shallow impacts were observed during the SSI activities. Deep impacts were not adequately evaluated due to the existence of the holder slab, existing structures, site topography and on-site utilities. Tentative screen intervals are 10- 20 ft. and 25-35 ft. • MW-06: This well location is near S. 20th Street in the area between the historical meter house and purifier house and will include both a water table well and a deep well. This location is east of most of the site structures but is also generally down-gradient from all three gas holders. Well screens will be placed approximately at 15-30 ft. and 35-45ft. for the shallow and deep wells respectively. • MW-07: This well pair is located along the northwestern edge of the original MGP property near the base of the railroad right-of-way embankment. This well location is down-gradient of the MGP operating and tar handling areas. Tentative screen intervals for water table and deep wells are 10-25 ft. and 30-45 ft. respectively. Both shallow and deep impacts were observed during the SSI activities up-gradient of these well locations. If impacts are observed in groundwater at these locations, additional off-site well installation maybe required. ject to,interpreted and enforced according under this Agreement. Such indemnification includes claims arising to the laws of the State of Missouri without regard to any conflicts of out of or in any way relating to the actual, alleged, or threatened law provisions. Parties agree to submit to the exclusive venue and dispersal, escape, or release of, or failure to detect or contain jurisdiction of the 16th Judicial Circuit Court of Jackson County chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of contaminant or pollutant. Missouri. 12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the contract for Burns & McDonnell to conduct ground water and soil vapor sampling at the Lynch Park site near 20th and Center Streets is in the best interest of the citizens of the City of Omaha and is hereby approved. The City and MUD have agreed to each pay one-half of the contract amount, with the City paying approximately $63,285.00 of the total $126,570.00, the Finance Department is authorized to pay the cost from Budget Year 2011, Fund No. 13354, Org. 117315, Acct. 42239. APPROVE AS 0 FO 1 0z C A EY Date p:\LAW-COUNCIL DOCUMENTS\2012\20002v1j aelinaei • By C un ilmember Adopted/.4.04 AN.2..4..20.11 9-40 ,2e6'7 o2f City Clerk //ZG/�2 Approved.. Mayor , and Liability Act (CERCLA aka "Superfund") process or enter Nebraska Department of Environmental Quality's ("NDEQ") Voluntary Clean-up Program("VCP"); and, WHEREAS, Burns & McDonnell, earlier this year conducted subsurface and soil testing which has characterized the extent of coal tar waste and other contamination at the Lynch Park site and delineated remaining data gaps in the contamination information; and, WHEREAS, in order to address the data gaps and present NDEQ with a more accurate depiction of the contamination at Lynch Park, the City and MUD asked that Burns & McDonnell prepare a proposal to conduct groundwater collection and sampling, and if needed, soil gas sampling; and, WHEREAS, the City and MUD have agreed to each pay one-half of the contract amount with the City paying approximately$63,285.00 of the total $126,570.00; and, By Councilmember Adopted City Clerk Approved Mayor MGP operations; however shallow impacts were observed during the SSI activities. Deep impacts were not adequately evaluated due to the existence of the holder slab, existing structures, site topography and on-site utilities. Tentative screen intervals are 10- 20 ft. and 25-35 ft. • MW-06: This well location is near S. 20th Street in the area between the historical meter house and purifier house and will include both a water table well and a deep well. This location is east of most of the site structures but is also generally down-gradient from all three gas holders. Well screens will be placed approximately at 15-30 ft. and 35-45ft. for the shallow and deep wells respectively. • MW-07: This well pair is located along the northwestern edge of the original MGP property near the base of the railroad right-of-way embankment. This well location is down-gradient of the MGP operating and tar handling areas. Tentative screen intervals for water table and deep wells are 10-25 ft. and 30-45 ft. respectively. Both shallow and deep impacts were observed during the SSI activities up-gradient of these well locations. If impacts are observed in groundwater at these locations, additional off-site well installation maybe required. ject to,interpreted and enforced according under this Agreement. Such indemnification includes claims arising to the laws of the State of Missouri without regard to any conflicts of out of or in any way relating to the actual, alleged, or threatened law provisions. Parties agree to submit to the exclusive venue and dispersal, escape, or release of, or failure to detect or contain jurisdiction of the 16th Judicial Circuit Court of Jackson County chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of contaminant or pollutant. Missouri. 12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc ! PII I1J O E d O i • O i-nq UQ A) 0 r* E. 'L7 O J n O N cD O Z o n w CM -� "• n n �, C" © CD AD .\ r'.1. !) .,,k 6#%-P al 05 I 20- R to � jj "Z't: \ oNO �, '' O C. � +.• C '+ CD C7 O O trio n hi cDP O CCD D CD (-C 0 t• CDQ.. • \i fo a PZ / • . . , • lc � (il � - � . 9 2 /:§zZ/ . . ! - / 2 .3 - � ITY COUNCIL DOCUMENTS\2011\30142dIm