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052-2013 - Metro - AMEC -Environmental - Infrastructure for wor
AGREEMENT THIS AGREEMENT made and entered into this ."-day of , 2013, and referred to as Contract No. 52-2013, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and AMEC Environment & Infrastructure, Inc., 201 South Capitol Avenue, Suite 200, Indianapolis, Indiana, 46225 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide services in connection with the former Dana facility located at 2153 Williamsburg Pike in Richmond, Indiana (Project Location), which services include, but are not limited to, completion of a work plan, monitoring well repairs, monitoring well redevelopment and groundwater sampling, landfill cap and cover repair, reporting, and project management (the Project) for the Project Location as set forth in Contractor's Proposal. In accordance with an Agreed Order entered as Cause No. EH 10755, adopted November 1, 2001, the Indiana Department of Environmental Management (IDEM) has provided the scope and guidelines dated September 24, 2012, for the above -described Project, which scope is attached hereto as Exhibit A, consists of twenty-five (25) pages, is incorporated by referenced and made a part of this Agreement. Contractor agrees to abide by the same. Contractor's Proposal, which has also been approved by IDEM, is dated February 19, 2013, consists of twelve (12) pages, and is attached hereto as Exhibit B, which Proposal is incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. IDEM'S SCOPE (Exhibit A) shall be controlling over this Agreement. Should any provisions, terms, or conditions contained in any of the other documents attached hereto as Exhibits, or in any of the other documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, then this Agreement shall be controlling. Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No performance of services shall commence until the following has been net: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION 11. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. Contract No. 52-2013 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed Sixty-two Thousand Five Hundred Ninety-six Dollars and Zero Cents ($62,596.00) for complete and satisfactory completion of the Project. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until completion of the Project. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. z Page 2 of 6 Coverage A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another slate's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any, person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, Page 3 of 6 religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terins or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION VIII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-1I (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION IX. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no Ionger valid and said determination is not Page 4 of 6 refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other parry, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any parry by virtue of the authorship of any of the provisions of this Agreement. (Signature page to follow.) Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By: 9� F �'U� ' Vicki Robinson, President M% "Vaw*y-� AO, Dian Lawson, Member Date: _ 3-21-13 APPROVE Sarah L. Hutton, Mayor Dater "CONTRACTOR" AMEC ENVIRONMENT & INFRASTRUCTURE, INC. 201 South Capitol Avenue, Suite 200 Indianapolis, IN 46225 By: Q— MiC�AIFL�/ '0G 1I )'y Title: S— f)) a� M�& ! wre Date: oq ©—z— I3 Page 6 of 6 JGE.-PA �� EXHIBIT : ..:..:.. F-... .....__..:.: 1DEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment. :................................................................................................................................................................................................................................................................... _ Mitchell E. Danrels Jr. 100 North Senate Avenue 4Gavernor Indianapolis, Indiana 46204 (317) 232-8603 Thomas W. Easterly Toll Free (800) 4518027 Commissioner www.idem.IN_gov 'September 24, 2012 Mr. Anthonyfoster Executive Director Department of Metropolitan Development City of Richmond 50 North fifth Street Richmond, IN 47374 Dear Mr. foster: Re: Maintenance, Monitoring Well Repairs, and Sampling Plan for Type I Landfill former DanwFacility 2153 Williamsburg Pike, Richmond Wayne County FP 89-04 This letter informs you that ground water monitoring for the Type I .Landfill on the -City's property, located at•2153 Williamsburg Pike, is required to be conducted on an annual basis, per Agreed Order, -Cause No. EH 10755, adopted November 1, 2001 -(enclosed). The Dana Corporation formerly owned this property. As the current owner of the property, the City of Richmond needs to comply with the terms of the Agreed Order. The Agreed Order specifies that the site -wide ground water monitoring well network includes the following wells: QW-1, QW--2, DW-2, DW-2D, DW-9, DW--91, DW-11, DW-131, DW-16R, DW-161, DW-17R, DW-171, DW-18, DW 181, DW-20, and DW-201. Additionally, the following wells must be maintained as piezometers: DW- I, DW 1.2, DW-141, DW-15, and DW-151. Please analyze ground water samples for the following constituents: (1) field pH (2) Field temperature (3) Field specific conductance (4) Dlssolved i4luiimirium (5) Dissolved Arsenic (6) Dissolved Barium (7) Dissolved Cadmium (8) Chloride (9) Dissolved Chromium (10) Dissolved Iron (11) Fluoride {12) Dissolved Lead �13) Dissolved Manganese ... ....(.14).. -DissolvedNickel ................ . (15) Nitrate/Nitrite (115) Dissolved Selenium (17) Dissolved Sodium �18) Sulfate -(19) Acetone :(20) Acrolein Recycled Paper G) An Egnal Oppornmity Employer Please Recycle 0 EXHIBIT PAGE2P Mr. Antony Poster .Page 2 (21) Acry[onitrile (40) cis-1,3-dichloropropene (22) Benzene (41) trans-1,3-dichloropropene (23) Bromodichloromethane (42) Ethyl benzene (24) Bromoform (43) Ethyl methacrylate �25) Bromomethane (44) 2-hexanone �26) 2-butanone (methyl ethyl . 45) lodomethane ketone) (46) Methylene chloride .(27) Carbon disulfide {47) 4-Methy[-Ethyl-2-pentaoone �28) Carbon tetrachloride (48) Styrene (29) Chlorobenzene (49) 1,1,2 2-tetrachloroethane (30) Chlorodibromomethane (50) Toluene (31) Chloroethane -(51) 1,1,1 trichloroethane (32) -2-chloroethyl vinyl ether (52) 1,1,2 trichloroethane (33) Chloroform (53) Trichloroethene (34) Chloromethane (%54) Trichlorofluoromethane (36) Dibromomethane (55) 1,2,3-trichloropropane (36) Dichlorodifluoromethane (56) Vinyl acetate (37) 1,1-dichloroethane (67) Vinyl chloride (38) 1,2-dichloroethane (58) Xylene (total) (39) 1,2-dich[oroethene (total) In previous visits to the site, we observed that a number of the network monitoring wells need repairs and all network wells need to be redeveloped. The network wells that contain dedicated bladder pumps need to have those pumps removed and disposed of at an approved disposal facility, due to their age and operational difficulties. Please submit a Work Plan within 60 days of receiving this letter that includes the following topics: • Proposed repair work to monitoring wells. • Monitoring well redevelopment. • Monitoring well low flow sampling details. • 4.andfil[ cap and cover repair (see enclosed cap details). Through our inspections, we determined the landfill -cover needs cap repair for one or more coyote dens, removal of small trees, and annual mowing. You should direct questions regarding cover and cap repair to Ms. Daniela Klesmith, IDEM Engineering Technical Advisor, at dkiesmil@idem.IN.goy or call{317) 232- 8840. Additionally, please submit a copy of the deed, any deed notations, and/or restrictions for the two parcels that comprise the City of Richmond's former Dana property, specifically parcel # 891619000413000030 and parcel # 891630000203000030. If a deed notation is not available, as required per 329 IAC :. E7(HIBiT. PACE PF.Z--.. i Mr. Antony Foster Page 3 .................... ............._............... .............................. .......... ......... .................................. ....... ......................... ..... ..................... .......... .......................... ....... .................... ........................... ........... 10-30-7(a)(2), we can assist with the implementation of a deed notice or other form of Institutional Control. Your costs incurred for cap repair, the Work Plan, and subsequent approved work performed, are reimbursable through IDEM from the landfill's funded trust, established for closure and post --closure care. You may submit invoices or proof of appropriate expenditures for the Work Plan and work performed to IDEM for payment. Please contact Ruth Jean at (317) dean@idem,IN.gov or calIJ317)-232-3398 for information regarding the funded trust. Thank you for your attention to this matter. If you have questions, please contact Kim Vedder at kvedder@idem.lN.g or -call (317) 232-8714. Sincerely, i John A. Guerrettaz, LPG Chief, -Geology Section Permits Branch Office of Land Quality Enclosures: Agreed Order, November 1, 2001. Cover Drawings, October 26, 1996. cc: Wayne County Health Department Union/Wayne County Solid Waste District EXHIBIT PAGE October 24, 1996 �.Mr. George Ritchotte RECEIVED Indiana Department of Environmental Management 10 N. Senate Avenue s j 2 81996 Post Office Box 6015 Indianapolis, Indiana 46206-6015 DgPAR `Ml:Nyor -D-W1R0NMF-N1ALMANAC-M T RE: CLOSURE OF INTERIM ON -SITE DISPOSAL FACILITY '03LAD & VInAPMUSWPSW'XF'KMMEK SLEEVE CASTINGS PLANT, PERFECT CIRCLE PRODUCTS DIVISION DANA CORPORATION RICHMOND, INDIANA Dear George: Pursuant to your recent request, this letter transmits RMT's revised cover drawings for the subject project. The attached drawings reflect the cover modifications that were required due to the inclusion of the fuel-oli-bearing soil into the disposal facility. These drawings supersede our July 18, 1996, plan set. As requested, we have also reevaluated the average annual soil loss for the modified slope configuration. The attached calculations indicate that the average annual soil foss is approximately 1.8 tons per acre. This is well below the maximum allowable erosion rate of 5 tons per acre per year stated in 329 IAG 10-30-2. Please call me at (608) 831-4444 if you have any questions or require additional information. Sincerely, James M. Schmidt, P.E. Senior Project Engineer jwc Enclosures: Plan Sheets 1 through 3 Soil Loss Calculations cc: Jack Pew - Perfect -Circle Products Division Len Robinson - Plews, Shadley, Racher and Braun Dave Gwin - Sleeve Castings Plant Paul Turpin - RMT Richard Braithwaite - RMT Earl Rocca - RMT I -- ®IN RMT,1Nc. -- Mom, WI 744 HF Rmo TRAIL - 33717-1934 nvG P.O. Box6923 - 53708-8923 608/831-4444 - 608/831-3334 FAX UWPMSWJIW0-21468W91=14W.096 =4w EXHi�ITL PAGE C�-OF"ZS _=> Enter, PROJECT: Dana - Richmond PROJECT NO.: 21468.02 USER: L McGRATH DATE: 20.Oct-96 TEMPLATE: USLF-IS2.WK1 SEGMENT 1 2 240 135 .E�.:' ...... 5 21.5 0.5 0.5 m = .2, FOR SLOPES OF 0 TO 1 % m = .3. FOR SLOPES OF 1 TO 3 % m = .4, FOR SLOPES OF 3.5 TO 4.5 % m = .5, FOR SLOPES GREATER THAN 5 % SUM OF SLOPE SUM OF SLOPE SEGMENT SEGMENT - LENGTHS LENGTHS-1 S 11 2401 O 21 3751 240 E: To determine the average annual soil loss W . in TonslAcre for AR SLOPES WrN 2 SEGMENTS (drainage tuns with unequal slopes of unequal by determining the LS Factor for slopes In question and imputing that value with other into the Universal Soil Lass Equation Ii1SLE1. Slopes, Lengths, and the R. K. C. and P values of the USLE. u2 1 ul 1 u2-ul Enter R, K, C, and P of the LISLE to determine A, the LS Factor determined. above is automatically Input by the spreadsheet. Segment lengths can then be edjusted to obtain the desired A value. = >' 175. 0.29 .0 arr•auraaarrarraaaasaaasaasaraa = rrwraa++a+arrrraaraaarrrarrataaa LS _ 5.02 A - 1.78 TONS/ACRE _ > 0.007 wawa araarrarraraaraaaaasasaaaarr _ > 1.00 r aaaara•aarrasaararaaraaaa+a+:a+. FORMULAS USED: S = (0.043s"2 + 0.30s + 0.43)/5.613 u = fS r {sum of slope segment lengths, in feet}"(1 +m))/172.6'm) A = R+K•LS`C+P (Universal Soil Loss Equation) WHERE: S = Slope steepness factor s = Slope, in percent m Slope -length exponent u = Term defined by above formula 1881 A = Average annual soil loss, Tons/Acre R = Rainfall and runoff erosivity index K = Soil erodibility factor, Tons/Acre LS = Slope length and steepness factor C = Cover management factor P = Practice factor I I LS 2401 0.83 1351 12.47 EXHiBiT PAGE PROPOSED SUBGRADE CONTOURS DANA CORPORATION PERFECT CIRCLE PRODUCTS DIVISION RCRA FACILITY CLOSURE TOE of r ta H07M 9. SHM WL BE Q5 FEES W aAY UNM UNM 2.1 WL ALSO W ZO TO Z5 FEET CIF PM & com YA7FJW ADDED TO I M:'SE CONTOU10 AF'1ER MiSTA"TM W SAD WNIF = UNM DRAWN BY: W.H.S. . CHECKED BY: W.H.S. ENVIRONMENTAL PRECISION DATE: 10\04\96 - ENVIRONMENTAL, LAND AND CONSTRUCTION SURVEY SERVICES SCALE: 1 " = 100'� ROUTE 1. Box 187 TEL/FAX (334) 484 - 3200 DRAWING: DALFDESIN TROY. ALABAMA 36081 MOBILE. (334) 670 -- 8232 PACER: (800) 443 — 7243 ID► 012678 PROJECT NO.: 96 - 500 0 114 Go iou a 14k d L 0 2$a � pp ggfit EepE VgVIE~ a ; .��'�"' �awwwm.TK•ons au�wY ssr�s s �Y' ZZ ua aaAIH HU i " y¢c lisS a a EXHIBITPAGEOF a 3 �a o� g4 S g� pe z m E Z z Z P 2 z 2 z4e 3+ a$ 0 gg 5 8 o w a itm n �x�x � NRAI Nil MEE- �� IO�liMO ss � � s a 96filYdaaa 5 1 3 + ; + le a 3gg 9 3 00-9 + + + +�, •� + p ae 3 00+L + + + is ,�1 +� + + G Sd3838��$ 3 00•9 + tr' `+ scar 4 + ��lt / + 88 -� 3 ao•s + . + + + + + + + CL Mg o z t R's's"s2�2¢oiiis3'e$' 3 00•6 + sasasaaexsasnaea ��� Hog gay 3 00+0 a � t C + + + + + + a 1 od i a8$a s C RiosKl :zE� %"a$i 3 00•4 +°@ xw + a + $ I a o 0. *� e 9999$ggg ��9999�� 9 gggggg gggg��g gg � N fig[ M M 004 + �s \l 07 + \ + fit-- i + - + aa� ® EXHIBIT PAGE OF 25 99 op 01 s 8112 s�« w !EIffY W # S k M4 - MR Frank O'Bannon Governor Lori F. Kaplan -Commissioner INDIANA DEPARTMENT OF ENVIRONMENTALMANAGEMENT We make Indiana a cleaner, healthier place to live Nove doer 2, 2001 VIACOURIER PICKUP/HAND DELIVERY ON NOVEMBER 2, 2001 Leonardo Robinson, Esq. Plews, Shadley, Rather, & Braun 1346 North Delaware Street Indianapolis, Indiana 46202 Dear Mr. Robinson: 100 North Senate Avenue P,Q. 8ox 6015 Indianapolis, lndiana 46206.6015 t317j 232-8603 (800) 451-6027 www.state.in.usrdem Re: Adoption of Agreed Order in Cause No. EH-10755 Indiana Dept. Of Environmental Management. VS. Dana, Richmond Machine This is to inform you that the Commissioner of the Indiana Department of Environmental Management has approved and adopted the Agreed Order negotiated between you, on behalf of your client, and members of our staff. A copy of the Final Order, executed by the Commissioner on behalf of the Department of Environmental Management, is enclosed. You are, no doubt, familiar with the terms of the Final Order necessary to ensure future compliance. The time frames for compliance are effective upon your receipt of this correspondence. Please direct any questions you may have, or any submittals required under the Order, to Ms. Brenda Lepter of the Hazardous Waste Section, Office of Enforcement, at this address or contact herby telephone at 317/233-5971. Sincerely, Nancy Johnston, Chef Office of Enforcement Hazardous Waste Section Enclosure ,,, 0a A. Fn—1 fl—tw;.N FmMnvrr Plrq[r R[1YIC 0 tEXHIBITJIL PAGE 1OF2- T � INDIANA DEPARTMENT OF ENvIRONMENTAL MANAGEMENT JF lVe make Indiana a cleaner, healthier place to live 100 North Senate Avenue Frank O'Barnton P.O. Box 6015 Governor Indianapolis, Indiana 46206-6015 (317) 232-8603 Lori F. Kaplan (800) 451.6027 Commissioner www.stote.irws/idern STATE OF INDIANA ) SS: COUNTY OF MARION } BEFORE THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT CONMUSSIONER OF THE DEPARTMENT } OF ENVIRONMENTAL MANAGEMENT, ) Complainant, ) ) V. ) ) DANA CORPORATION, ) RICHMOND MACHINE ) } Respondent. ) Cause No. EH-107j5 AGREED ORDER The Complainant and the Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order. Pursuant to IC 13-30-3-3(c), entry into this agreement does not constitute an admission of any violation contained herein. I. FINDINGS OF FACT 1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1. 2. Respondent is Dana Corporation, Richmond Machine, (hereinafter referred to as "Respondent"}, which is a company doing business at 2175 Williamsburg Pike, located in Richmond, Indiana. 1 PAGE �UFZS -r 3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action. 4. Pursuant to IC 13-30-3 3, IDEM issued a Notice of Violation on October 1, 1993, via Certified Mail, to: Joe Magliochetti, President Dana Corporation, Richmond Machine P.O. Box 1000 Toledo, Ohio 43697 Respondent notified the United States Environmental Protection Agency (U.S. EPA) of its hazardous waste activity on August 1, 1980, and obtained the EPA I.D. No. IND 980503841. 6. Respondent submitted a Part A Permit Application on November 19, 1980, for tank and container storage. On November 16, 1982, the U.S. EPA, Region V, granted a request to withdraw Dana Corporation's Part A Permit Application. At the time of the inspections by IDEM, Respondent was operating as a large quantity generator of hazardous waste. 7. Respondent received a Violation Letter from IDEM dated April 8, 1991 (VL- 10755). A response from Respondent to the Violation Letter was received by IDEM on May 13, 1991, stating that compliance with the Violation Letter had been achieved. 8. Based upon an enforcement follow-up inspection of Respondent on November 20, 1991, the Office of Solid and Hazardous Waste Management (currently known as the Office of Land Quality (OLQ)) of IDEM, observed what it contends were violations of the following requirements: container mismanagement, tank . mismanagement,. training records, and pre -transport requirements for containers. 9. Based upon investigations of the facility on February 7, 1991, and November 20, 1991, by OLQ, IDEM contends that the following violations were in existence or observed at the time of the inspections: a. Pursuant to 329 IAC 3-9-5(a)(3), hazardous waste containers shall be clearly marked with the words "Hazardous Waste." Based on information gathered by IDEM, Respondent had not marked several hazardous waste containers located in these areas with the words',Hazardous Waste % 1) approximately ten (10) 55-gallon drums, and nine (9) 1-gallon containers located in the inside designated generator accumulation EXHIBIT J1 - PAGE OF Z area; 2) nine (9) 55-gallon drums located in the inside CNC turning area; and 3) eight (8) 55-gallon drums located in the outside parco porch. b. Pursuant to 329 IAC 3-9-5 referencing 329 IAC 3-23A((a), hazardous waste containers shall be properly closed during accumulation. Based on information gathered by IDEM, Respondent had stored open hazardous waste containers in these areas: 1) one (1) drum was stored with an open lid and several drums were stored with lock rings ajar in the inside designated generator accumulation area; 2) one (1) 55-gallon drum was stored with an.open lid in the-CNC turning area; and 3) eight (.8) 55-gallon drums were stored with open lids in the outside parco porch. C. Pursuant to 329 IAC 3-9-5 referencing 329 IAC 3-24-6, the owner or operator of a tank system must document in the operating record of the facility an inspection of those items in subsections (a) and (b) of this section. Based on information gathered by IDEM, Respondent had not documented inspections of the waste chromic acid tank prior to November of 1991. d. Pursuant to 329 IAC 3-16-8, the generator must conspicuously display "No Smoking" signs wherever there is a hazard from ignitible or reactive waste. Based on information gathered by IDEM; Respondent has not displayed "No Smoking".signs in the following areas where ignitible or reactive wastes are located: the inside designated generator accumulation area, the CNC turning area, and the outside parco porch. C. Pursuant to 329 IAC 3-16 7(d)(1) and (2), the generator must maintain job descriptions and job titles for all personnel involved in hazardous waste management at the facility. Based on information gathered by IDEM, Respondent had not updated the hazardous waste management job description for the utility maintenance position. In addition, the utility maintenance position, the emergency coordinator and alternate emergency coordinator were not listed in hazardous. waste management job titles. 3 EXHIBIT PAGE QI ZSS Respondent has since submitted to IDEM on November 24, 1993, for review updated job descriptions for these positions. Pursuant to 329 IAC 3-23-5, the generator must inspect areas where hazardous waste containers are stored, at least weekly, looking for leaics and deterioration. Based on information gathered by IDEM, Respondent had not conducted weekly hazardous waste container inspections for four (4) weeks beginning with the week of October 18, 1991. Thereafter, Respondent did conduct such weekly inspections. g. Pursuant to 329 IAC 13-17-6, the generator must maintain adequate aisle space for the unobstructed movement of personnel and emergency equipment. Based on information gathered by IDEM, Respondent lacked adequate aisle space in the inside designated generator accumulation area. Respondent contends in their December 1, 1993, response letter -to IDEM that this situation was corrected within a week's time. h. Pursuant to 329 IAC 3-234, containers of thirty (30) gallons or more must be stored so that they can be inspected for leaks and for deterioration caused by corrosion or other factors, without Having to move the containers during the inspection and must have adequate aisle space between rows (approximately two and one-half (2'/z feet) to facilitate inspections. Based on information gathered by IDEM, Respondent failed to provide adequate aisle space in the inside designated generator accumulation area. Respondent contends in their"December 1,1993, response letter to IDEM that this situation was corrected within a week's time. i. Pursuant to 329 IAC 3-9-5(a)(2), the start of accumulation period must be clearly marked on each container of hazardous waste. Based on information gathered by IDEM, Respondent has not marked hazardous waste containers with the start of accumulation date in the following areas: M. twelve (12) 55-gallon drums, six (6)1-gallon metal -containers, and three (3)1-gallon paint cans in the inside designated generator accumulation area; (2) nine (9) 55-gallon drums in the CNC turning area; and (3) eight (8) 55-gallon drums in the outside parco porch. j. Pursuant to 329 LAC 3-9-5(a), containers of hazardous waste shall not accumulate for more than ninety (90) days without a permit or interim 4 EXH1BiT-.b PAGE OF ,5 status for hazardous waste storage. Based on information gathered by IDEM, Respondent has accumulated one (1) 55 gallon container of R.Q. Waste Alkaline Liquid (D002) and one (1) 55-gallon drum of R.Q. Waste Acid Liquid (D002) located in the inside designated generator accumulation area for more than ninety (90) days without the required penr�it or interim status, from the indicated start of accumulation dates of July 92, 1991, and July.30, 1991, respectively. k. Pursuant to 329 IAC 3-24-4(cX3), secondary containment systems must be at a minimum provided with a leak detection system that is designed and operated so that it will detect the failure of either the primary or secondary containment structure or any release of hazardous waste or accumulated liquid in the secondary containment system within twenty-four (24) hours, or at the earliest practicable time if the existing detection technology or site conditions will not allow detection of a release within twenty-four (24) hours. Based on information gathered by IDEM, Respondent has not provided a leak detection system for the waste chromic acid tank's secondary containment vault. 1. Pursuant to 3291AC 3-9 S(a)(1) referencing 3291AC 3 24-8, at closure of a tank system, the, generator must remove or decontaminate all waste residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste. Based on information gathered by IDEM, Respondent could not provide documentation that the facility had performed proper closure of the waste chromic acid tank, which was replaced with a new tank. On November 24,1993, Respondent submitted the waste chromic acid tank certification in accordance with 40 CFR 265.197 to this office. However, soil contamination was not addressed as required by 40 CFR 265.197. On July 22,1998, Respondent submitted a report to IDEM entitled "Documentation of the Removal and Closure of , the Waste Chromic Acid 90-Day Accumulation Tank Systems." Based upon the report, IDEM has determined that additional soil sampling is not necessary since the underlying soils were excavated to the ground water. Respondent submitted a Hydrogeologic Investigation Report, dated March 1999, detailing the work performed by Respondent to identify and rernediate chromium contaminated ground water at the facility. •10. Effective February 24,1992, 329 IAC 3.1 replaced 329 IAC 3 as the article establishing a hazardous waste management program in the State of Indiana. This article incorporates many of the federal hazardous waste management standards found in 40 CFR 260 through 40 CFR 270. E 1EXHIBITJr PAGE _ L�QFZS It. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order. 12. Full and timely compliance with the terms of this Agreed Order shall constitute a final resolution of this cause. This Agreed Order in no way affects or relieves the Respondent of responsibility to comply with any State, Federal,_ or local law, or any rule(s) promulgated by any environmental board in the State of Indiana. II. ORDER - 1. This AgreedOrder shall be effective ("effective date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order -shall have no force or effect until the effective date. 2. Upon the effective date of.the Order, Respondent shall, if hazardous waste is ever generated at the facility, ensure that all applicable requirements of 40 CPR 262.34 are followed. 3. Upon the effective date of the Order, Respondent shall implement the approved Site -Wide Ground Water Monitoring Requirements, found in Attachment A of the Agreed Order, in accordance with the time frames contained therein. Implementation of Attachment A will allow, in part, for remediation of any chromium contaminated groundwater which may have resulted from Finding of Fact 9(l) above. 4. All submittals required by this Agreed Order, -unless notified otherwise in writing, shall be sent to: Kim Vedder Office of Land Quality Indiana Department of Environmental Management P.O. Box 6015 Indianapolis, Indiana 46206-6015 5. Respondent is assessed a civil penalty of Fifty Four Thousand Five Hundred Dollars ($54,500). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty{30) days of the effective date of this Agreed Order, as directed by paragraph 6. 0 EXHIBIT PAGE j2 0F2 6. The civil penalty is payable by check to the Environmental Management Special Fund. Checks shall include the cause number of this action and shall 'be mailed to: Cashier IDEM 100 North Senate Avenue P.O. Box 7060 Indianapolis, Indiana 46207-7060 7. In the event that the civil penalty required by paragraph 1I.5. is not paid within thirty (30) days of the effective date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full. 8. This Agreed Order shall apply to and be binding upon the Respondent,, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order. 9. In the event that any terms of this Agreed Order are found to be invalid, the remaining terms shall remain in full force and effect and shall be construed and enforced as if the Agreed Order did not contain the invalid terms. 10. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondent shall by contract require that all contractors, firms, and other persons acting for it comply with the terms of this Agreed Order. 11. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause letter to Respondent. 7 EXHIBIT,„ PAGE 0,0FZ TECHNICAL RECOMMENDATIONS: Department of Environmental Management By: 41,124- lr-"— Nancy L. Iohnston, hief Hazardous Waste Section Office of Enforcement Date: I O .?G 0 LEGAL RECOMMENDATION: Department f Environmental Management By: Office of Legal ounsel RESPONDENT: By: , Title: G�lr.-i/jvxp�t. Date:" COUNSEL FOR RESPONDENT: Data: D ' 'j�;j l� � � � ate: APPROVED AND ADOPTED BY THE. INDIANA DEPARTMENT - OF ENVIRONMENTAL MANAGEMENT THIS �_ DAY OF 2001. For the Commissioner: CF46ia�eRob�inson Deputy Commissioner of Legal Affairs 8 EXHIBIT _E PAGE Y DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 1NDIANAPOLIS ATTACHMENT A SITE -WIDE GROUND WATER MONITORING REQUIREMENTS 1. Monitoring wells in the site -wide groundwater monitoring well system are identified in Requirement 9.A. Each groundwater monitoring well and each piezometer in the site -wide ground water monitoring well system must be affixed with a permanent identification that uniquely identifies.it. The identification must be used in reporting all inform, tion from the dells and piezometers. 2. All groundwater monitoring wells and all pieometers in the site -wide ground water monitoring well system that have been approved in writing by OLQ for abandonment must be properly removed. Methods used shall be thmrecommended by the OLQ Geology Section, and those pursuant to the Indiana Department of Natural Resources regulation 312 IAC 13-10-2. The facility shall notify OLQ's Geology Section ten (10) days -prior to abandonment. Documents for each well that is abandoned must be submitted to OLQ within thirty (30) days of removal. 3. Accessways to each monitoring well in the site -wide ground water monitoring well system must be maintained: Maintenance must render the aceessways passable throughout each season of the year. The use of these accessways must be restricted to persons authorized by the facility. 4. All monitoring wells in the site -wide ground water monitoring well system must be maintained by the facility. Necessary repairs must be completed within ten (10) days of discovery. Proper maintenance includes keeping the monitoring wells securely capped and locked, when not in use, repairing cracks, retaining mounds of clay -rich soil around the casings unless concrete pads have been installed, controlling vegetation height around the wells, and redeveloping the wells as needed. 5. The facility must submit ground water potentiometric surface maps, or flow maps, of the aquifer(s) being monitored in the site -wide ground water monitoring well system. The map data must be obtained during the scheduled ground water sampling months and must be submitted with the water -quality results to OLQ. The maps must contain the following, either noted on the map or as an attached table: a. Location and identification of each ground water monitoring well and piezometer in the site -wide ground water monitoring well system; b. Static water level relative to mean sea level for each well and piezometer. All elevations shall be measured Orr the same day and as close in time as possible before the purging and sampling event; C. Date and time of static water level measurement'for each well and piezometer; Pabc I of 7 EXHIBIT_,' PAGE 2-0 OF Attachment A d. Ground surface elevation at each well and piezometer, e. Facility property boundaries; f. Identification of the aquifer represented, either by a name or an elevation; g- Waste fill boundaries; h. Facility name and county; i. Map scab, interval; north arrow, groundwater flow arrows, and the potetitiometric surface contour j. Indications of which monitoring wells are considered background, downgradiont, or compared through intra-well comparison; k. 'Locations and elevations of all site benchmarks. 6. If ground water flow data indicate that flow is other than anticipated in the design of the site -wide ground water monitoring well system, the facility must notify OLQ within ten (10) days of discovery. Within thirty (30) days of the notification, the facility shall submit to OLQ a proposal to ensure that the site -wide ground water monitoring well system will adequately monitor water quality. If additional monitoring wells are required, then these monitoring well(s) must be installed within thirty (30) days of receiving written approval for the revised site -wide groundwater monitoring system from OLQ. 7. if for any reason aground water monitoring well in the site -wide ground water monitoring well system is destroyed or otherwise fails to function properly, OL must be notified within ten (10) days of discovery. The well shall be repaired if possible. If the well cannot be repaire , it must be properly abandoned and replaced within sixty (60) days of the notification, unless the facility is notified otherwise in writing by OLQ. The facility must revise the ground water monitoring plan (Sampling and Analysis flan (SAP)) received June 1, 1999, to include all the monitoring wells and piezometers in the site -wide ground water, monitoring well system and submit the updated pages to OLQ; within 180 days of the date of this Agreed Order. Any revision to the SAP will not be considered a modification of this document. 9• A. The site -wide ground water monitoring well system includes the following monitoring wells: QW-1, QW-2, DW-2, DW-213, DW-9, DW 9I, DW-11, DW-13I, DW-16R, DW- 161, DW-17R, DW-17I, DW-18, DW-181, and an additional well cluster located between DW-9 and DW-18 which will be designated DW-20 and DW-201, The DW 20 and DW- 201 well cluster will consist of one (1) monitoring well completed in the shallow aquifer and one (1) monitoring well completed in the intermediate aquifer. If the intermediate Page 2 of EXHIBIT N PAGE V 4F Attachment A aquifer is not present above 990 feet msl, then only a shallow monitoring well will be installed. Monitoring wells DNV 20 and DW-201 will be installed within 180 days of the date of this Agreed Order. B. Any former Hazardous or Solid Waste Program monitoring well not included in the site- wide'ground water monitoring well system must be maintained as a piezometer, unless the facility receives written approval from OLt7 to do otherwise. The following wells must be maintained as piezometers: DW-1, D1V-12, DW-141, DW-15, DW-151. 10. The facility is considered to be in continual assessment monitoring. All monitoring wells in the site -wide ground ,vater monitoring well system must be analyzed on a semiannual basis for the following assessment parameters. Semi-annual sampling must take place during May and November: (1) Field pH (2) Field temperature (3) Field specific conductance (4) Dissolved Aluminum (3) Dissolved Arsenic (4) Dissolved Barium (5) Dissolved Cadmium (6) Chloride (7) Dissolved Chromium (8) Dissolved Iron (9) Fluoride (10) Dissolved Lead (11) Dissolved Manganese (12) Dissolved Nickel (13) Nitrate/Nitrite (14) Dissolved Selenium (15) Dissolved Sodium (1 b) Sulfate (17) Acetone (18) Acrolein (19) Acrylonitrile (20) Benzene (21) Bromodichloromethane (22) Bromoform (23) Bromomethane (24) 2-butanone (methyl ethyl ketone) (25) Carbon disulfide (26) Carbon tetrachloride (27). Chlorobenzene (28) Chlorodibromomethane (29) Chloroethane Page 3 of EXHIBIT PAGEea OF ZS Attachment A (30) 2-chioroethyl vinyl ether (31) Chloroform (32) Chloromethane (33) Dibromomethane (34) Dichlorodifluoromethane (35) 1, 1 -dichloroethane (36) 1,2-dichloroethane (37) .1,2-dichloroethene (total) (38) cis-1,3-dichloropropene (39) trans-1,3-dichloropropene (40) Ethyl benzene (41) Ethyl methacrylate (42) 2-hexanone (43) lodomethane (44) Methylene chloride (45) 4-Methyl-Etltyl-2-pentanone (46) Styrene (47) 1,1,2,2-tetrachloroethane <48) Toluene (49) 1, 1, 1 -trichloroethane (50) 1, 1,2-trichl oroethane (51) Trichloroethene . (52) Trichlorofluoromethane (53) 1,2,3-trichloropropane (54) Vinyl acetate (55) Vinyl chloride (56) Xylene (total) The facility may submit a request to OLQ to eliminate dissolved nickel from the parameter list after a minimum of four (4) sampling events, provided it has not been detected during these sampling events. 11. No earlier than three (3) years after the date of this Agreed Order, the facility may change the sampling frequency to annual sampling, provided there has not been an exceedence over the MCL, two times the SMCL or any site -specific ground water protection standard. If an exceedence over the MCL, two times the SMCL or any site -specific ground water protection standard occurs during annual sampling, then the facility must return to semi-annual sampling. The chlorinated solvents identified in Requirement 23.are exempt from this requirement, provided that they are addressed to the satisfaction of the VRP. The facility agrees to address all chlorinated solvents identified in Requirement 23 in the VRP. 12. One (1) original unbound laboratory certified report with field sheets and chain of custody forms; and one (1) electronic version of the analytical results along with the field parameters (pH, specific Page 4 of 7 EXHIBIT PAGE'6_2�U1 Attachment A conductance, temperature, well depth, depth to water, and static water elevation) must be submitted to OLQ within sixty (60) days of each sampling event, unless OLQ approves otherwise The electronic version must be submitted via electronic mail (e-mail) to an -e-mail address specified by OLQ. The facility name and a brief description of the file contents should be clearly marked in the subject heading of the e-mail. The electronic version should be submitted as an ASCII, tab -delimited text file and contain the facility's name, and permit number. Field parameters and analytical results must include the fields listed in the interim digital data format below. OLQ may request a modified digital data format, when necessary. 1. Sampling.Date: Month, day and year (mm/ddlyyyy) 2. Sample Point Name: Include permitted and corrective action wells 3: Sample Type:. -Regular, duplicate(s), trip blank(s), equipment blank(s); field blank(s), verification re-sample(s) and replicate(s) d. Species Name: Chloride, sodium, ammonia, etc. 5. Concentration (results) 6. Concentration Units: mg/l, ug/l, mg/kg/ug/kg, standard units for pl-1, degrees Celsius (°C), or degrees Fahrenheit (°F) for temperature, and umhos/cm for specific conductance 7. Detected: Yes or no 8. Detection Limit 9. Analytical methods 10, Estimated Value: Indicate "Yes" if the reported value is an estimated value. if a value is estimated, use the "Comment" field to explain why the value was estimated 11. Comment: Analytical lab and/or field personnel comments regarding the reported results. 12. SampleMediur' : Ground water, Leachate, Surface Water, Soil, Sediments, etc. 13. Program Area: Regulatory program for which the sample was collected (e.g. VRP, Solid Waste, Hazardous•Waste, LUST, UST, DERP, Site -wide, etc) 14. Analytical Laboratory 13.. The facility must submit an updated digital site map within thirty (30) days of the date of this Agreed Order, and every two (2) years thereafter, during the month of July. This map must contain, at a minimum, all property boundaries (including the VRP area), waste boundaries, monitoring wells, piezometers, buildings, topography and sanitary and storm sewers. If there have been no significant site changes since the date of the previous site map, a statement attesting to that fact may be submitted in lieu of the site Snap. Metadata for this map must include the last revision date, the horizontal and vertical survey datum and coordinate system. ld. All applicable Quality Assurance/Quality Control (QA/QC) documentation generated from valid analyses of ground water samples by the laboratory must be retained and be available upon request by OLQ, for a minimum of three (3) years: At a minimum this must include a level III ground water monitoring data package, as described in the current edition of the "Solid Waste Program Analytical Data Deliverable Requirements: A Guidance Document". OLQ can request the facility to submit all QA/QC for any given sampling event after the date of this document. Page 5 of 7 EXHIBIT _ _ PAGEOP , Attachment A 15. Ground water monitoring must be conducted throughout the thirty (30) year post -closure care period of the facility. The ground water post -closure care period started April 22, 1997, the date of the documentation report for the Restricted 'Waste Type I landfill cover. Monitoring may be extended beyond the post -closure care period if OLQ'determines that the facility is impaction grourid water. 16. The facility may choose to implement a verification resampling program when a concentration of a constituent exceeds a ground water protection standard. Verification resampling results for the specific well and parameter showing the exceedence of the groundwater protection standard must be submitted within 120 days of the initial sampling event. If the verification resample is below the groundwater protection standard, the initial result was not verified and the facility will continue with the site-wideground water monitoring program. If the facility chooses not to implement verification resampling; then the initial. determination of an exceedence ofa-ground water protection standard will be considered verified. 17. The facility may submit a proposal to establish site -specific ground water protection standards for those constituents listed under Requirement 10 that do not have an established MCL, except for Field Specific Conductance and Field Temperature, according to 329 IAC 10-21-11(b). The proposal for site -specific ground water protection standards must be submitted for approval by the OLQ within thirty (30) days of the effective date of this Agreed Order. For constituents with an established MCL or SMCL, and without a site -specific ground water protection standard, the ground water protection standard is the MCL or SMCL. If background concentrations, as determined from past sampling results up to August 2001 for monitoring wells DW-2, DW-213, DW-.19 and DW 1.9I; are higher than the ground water protection standard, then background is the ground water protection standard. For volatile organic compounds, background is defined as sampling results up to August 2001 from monitoring well DW-1. The ground water protection standards for Field pH are 2 and 12. Values of Field pH below 2 and above 12 will require corrective action, as outlined in Requirement 19. 18, Each ground water data submittal must include an evaluation of whether the ground water protection standards have been exceeded for the constituents listed under Requirement 10. 19. A corrective action program is required when the ground water protection standard for any constituent is exceeded, as described under Requirement 17 and 18, except for secondary constituents listed under 329 IAC 10-21-11(c). The Commissioner may request a corirective action program when a secondary constituent, as Iisted under 329 IAC 10-21-11(c), has exceeded levels that are twice the ground water protection standard for that constituent. The chlorinated solvents identified in Requirement 23 -are exempt from this requirement (or the corrective action requirement of this agreement) provided that they are addressed to the satisfaction of the VRP. The facility agrees to address all chlorinated solvents identified in Requirement 23 in the VRP. 20. In lieu. of Requirement 19, the facility may attempt to demonstrate that a source other than the facility caused the increase, that the increase resulted from error in sampling, analysis, or Page 6 oF7 --------- - ..... EXHIBIfj_ _ PAGE 01= Attachment A evaluation, or that the increase is attributable to the VRP area. For the demonstration to be accepted by OLQ, the facility must comply with the following requirements: a. Notify OLQ in writing of the intent to make a demonstration. This notification must be submitted within seven (7) days of determining an increasing trend that requires corrective action, according to Requirement 19. b. Submit a report to OLQ within ninety (90) days of determining an increasing trend that requires corrective action, according to Requirement 19. The report must demonstrate that a source other than the facility caused the increase, that the increase resulted from error in sampling, analysis, or evaluation, or that the increase is attributable to the VRP area. The report must state what efforts will be taken to prevent these errors from recurring. If a demonstration is not acceptable to OLQ, the facility must continue with Requirement 19. 21. When required, the facility must iinplertient a corrective action program, as described in 329 CAC 10-21-13, The corrective action program shall be deemed complete when .ground water protection standards, or two times the ground water protection standards for secondary constituents, have been met for two (2) consecutive, years for all wells defined in'the corrective action program. 22, As part of the corrective action program, the facility must evaluate constituents in downgradient monitoring; wells to determine whether concentrations are statistically stable, increasing or decreasing. The facility may use an intra-well comparison method to evaluate plume stability, provided OLQ staff approves the method and specific wells in writing. Sufficient background data, appropriate for the approved method, must be collected for all approved monitoring wells within one (1) year of entering a corrective action program, or as directed by the commissioner. The chlorinated solvents identified in Requirement 23 are exempt from this requirement (or the corrective action requirement of this agreement) provided that they are addressed to the satisfaction of the VRP. The facility agrees to address all chlorinated solvents identified in Requirement 23 in the VRP. 23. The VOCs identified in the existing VRP area (former Camshaft) and any VOCs identified.in monitoring wells/piezometers MP-3, MP-3I, MP-7, MP-8, DW-19, DW-191, DW-18, DW-1 I, TPZ-2, TPZ-3, TPZ-4, TPZ-5, TPZ-9, and TPZ-10 and any additional wells/piezometers with detected chlorinated solvents identified during VRP investigations will be exempt from the corrective action requirements of this agreement, provided that they are addressed to the satisfaction of the VRP. The facility qgrees to address all VOC source areas in the VRP. Any ground water and soil sampling results submitted to the VRP must include a digital copy of the data in the format outlined in Requirement 12, 24. Any requirement or condition in Attachment A to this Agreed Order can be modified only by the mutual consent of both parties. Page 7 of 7 EXHIBIT PAGE Q ameO February 19, 2013 Mr. Tony Foster Department of Metropolitan Development City of Richmond 50 North Fifth Street Richmond, IN 47374 RE: Scope of Work and Cost Estimate for Environmental Services Former Dana Facility 2153 Williamsburg Pike Richmond, Indiana Dear Mr. Foster: AMEC Environment & Infrastructure, Inc. (AMEC) is pleased to provide this proposal for environmental services to the City of Richmond associated with the former Dana facility located in Richmond, Indiana. This scope of services has been prepared based on the letter provided to the City of Richmond by the Indiana Department of Environmental Management (IDEM)' on September 24, 2012. PROJECT BACKGROUND The former Dana facility is located at 2153 Williamsburg Pike in Wayne County, Richmond, Indiana. The property is currently vacant and is owned by the City of Richmond. It contains the remains of former buildings, debris from buildings that have been torn down, a Type I landfill, a settling pond, and grassed, paved, or gravel covered areas. There is an Agreed Order (Cause No. EH 10755 dated November 1, 2001) associated with the Site for the monitoring and maintenance of the Type I landfill. The Agreed Order requires that groundwater monitoring is to be conducted minimally on an annual basis until the end of the 30-year post closure care period of the facility (the groundwater post -closure care period started on April 22, 1997). The September 2012 IDEM letter requested the submittal of a work plan describing monitoring well repairs, monitoring well redevelopment, ground water sampling details, and landfill cap and cover repairs. WORK SCOPE DESCRIPTION The proposed scope of work addresses the items requested in the September 2012 IDEM letter. This proposal includes activities associated with the bulleted items below; followed by a brief description of each specific activity. I DEM, 2012. Maintenance, Monitoring Well Repairs, and Sampling Plan for Type 1 Landfill, Former Dana Facility, 2153 Williamsburg Pike, Richmond, Wayne County, FP 89-04. Indiana Department of Environmental Management. September 24, 2012. AMEC Environment & Infrastructure, Inc. 201 South Capitol Avenue, Suite 200 P:�_7362 Projects\City of Richmond\Former Indianapolis, IN 46225 USA Tel (3171713-1700 Dana Facility\Proposal_Richmond.doc Fax (317) 713-1710 www.amec.com EXHIBIT ` Adt JLp Mr. Tony Foster February 19, 2013 Page 2 • Completion of a Work Plan (Task 1); • Monitoring Well Repairs (Task 2); • Monitoring Well Redevelopment and Groundwater Sampling (Task 3); • Landfill Cap and Cover Repair (Task 4); • Reporting (Task 5); and, • Project Management (Task 6). TASK 1 — COMPLETION OF A WORK PLAN AMEC will prepare a work plan documenting the activities discussed in the September 2012 IDEM letter. These include monitoring well repairs, monitoring well redevelopment, groundwater sampling, and landfill cap and cover repair. These tasks are explained in further detail in subsequent Tasks 2 through 5. The work plan will also include preparation of a site -specific health and safety plan (HASP). AMEC will begin work plan preparation immediately upon authorization to proceed. A draft of the work plan in electronic format will be submitted to the City of Richmond, and IDEM as applicable, for review and comment. Following review and receipt of comments, edits will be made, and the final work plan will be published and submitted to the City of Richmond, and IDEM, as applicable. Costs assume 1 hardcopy and an electronic copy on CD. The estimated cost to complete this task is $5,426. TASK 2 — MONITORING WELL REPAIRS The monitoring network for the Type I landfill includes 16 monitoring wells and 5 piezometers. A number of these wells are in need of repairs to insure collection of representative sampling data. Based on documentation from previous inspection, approximately 3 wells are in need of new protective, stick-up casings, and 7 wells are in need of new concrete pads. The stick-up casing and pad repairs will be conducted by an Indiana licensed driller, and repairs are estimated to be completed in one (1) day. It is believed the wells currently also contain dedicated bladder pumps. Due to age and operational difficulties, IDEM has requested all of the dedicated pumps to be removed and disposed of properly. Pump removal and disposal will be completed concurrent with the well repair activities. Wastes generated during the well repair and pump removal activities will be containerized (placed in a roll -off) and disposed of properly (New Paris Pike Landfill). The estimated cost of disposal is included in this task. During site activities an AMEC professional will conduct a thorough inspection of the landfill cap and the wells and piezometers in the monitoring program in preparation for sampling. If additional repairs are found necessary or greater wastes are generated, additional costs may be incurred. During inspection new locks will be placed on each of the wells or piezometers in the monitoring program (21 locks). The estimated cost to complete this task is $3,975. TASK 3 — MONITORING WELL REDEVELOPMENT AND GROUNDWATER SAMPLING The landfill monitoring network includes 16 monitoring wells, and 5 wells to be maintained as piezometers. The monitoring well network (16 wells) will be redeveloped due to the elapsed duration since the last sampling (estimated at 2005/2006). Redevelopment will be conducted using a submersible pump and turbidity monitored. It is assumed that all wells are accessible by a vehicle for purge water collection and pump power source. EXHIBIT]L PAGE OFj Mr. Tony Foster February 19, 2013 Page 3 Following redevelopment of the monitoring wells, groundwater sampling will be initiated. Prior to sampling, all of the wells will be gauged and depth to water measurements will be recorded. After static groundwater measurements are recorded, the monitoring well network (16 wells) will be sampled. Collection of groundwater samples will be conducted using EPA low stress (low flow) purging and sampling procedures (US EPA, 1996)2. Water quality parameters will be recorded during sampling. The monitored parameters will include: • temperature, • pH, • turbidity, • conductivity, • oxidation-reduction potential (ORP), and • dissolved oxygen (DO). Groundwater samples will be analyzed for: • dissolved metals3, • chloride, • fluoride, • nitrate/nitrite, • sulfate, and • volatile organic compounds (VOCs)4. Additionally, IDEM has requested that semi -volatile organic compounds (SVOCs) be analyzed during this sampling event only. The laboratory analytical methods will be verified with IDEM to ensure they are acceptable, prior to sample submittal. If IDEM requires specific methods which are not currently available at the proposed laboratory (i.e., Pace Analytical or Envision); it may be necessary for the laboratory to subcontract specific analysis. The proposal costs are for one laboratory to complete the work; however, if it is necessary to subcontract, then additional cost will likely be incurred. Sixteen (16) groundwater samples will be collected, along with quality assurance/quality control (QAIQC) samples. QAIQC samples will include two duplicates; one matrix spike/matrix spike duplicate (MSIMSD); trip blanks will accompany each cooler containing VOC samples; and, a field blank and equipment blank will be collected for each pump set-up (there will be 2 pump set-ups). A Level III data package is required for this work. Redevelopment and sampling are estimated to generate up to ten (10) 55-gallon drums requiring off -site disposal. Disposal of purge water will be discussed with the Richmond Sanitary District for discharge using a near -by manhole connected to the sanitary sewer, or 2 US EPA, 1996. Low -Flow (Minimal Drawdown) Groundwater Sampling Procedures. United States Environmental Protection Agency off of Research and Development. EAP15401S-951504. April 1996. 3 Metals include aluminum, arsenic, barium, cadmium, chromium, iron, lead, manganese, nickel, selenium, and sodium. 4 The list of VOCs to be analyzed is included in IDEM's September 24, 2012 letter. EXHIBIT PAGE _OF Mr. Tony Foster February 19, 2013 Page 4 hauled to the publically owned treatment works (POTW) by an approved hauler (i.e., Advanced Septic). In the event a hauler is necessary, costs for hauling are included and anticipated at no more than $300. It is anticipated for disposal approval collection of a wastewater characterization sample will be required; therefore, costs are included with the other analytical costs. AMEC will contact the Sanitary District for permitting and disposal approval. It is assumed that all disposal fees will be billed direct to the City and are therefore not included. It is further assumed that it will not be necessary to treat the purge water for disposal approval. The monitoring well redevelopment and groundwater sampling is estimated to require five (5) days to complete by two (2) AMEC environmental professionals. The estimated cost (including laboratory analytical costs) to complete this task is $27,707. TASK 4 -- LANDFILL CAP AND COVER REPAIR This task involves completing the repairs and maintenance to the landfill cap and cover as requested by IDEM. These include damages to the cap due to coyote dens (or other burrowing animals), removal of small trees, and annual mowing. Once the damaged cap areas have been identified during the site inspection, the proposed contractor, Alliance Service Group (Alliance), will excavate the cover soils and expose the liner at each of the locations. Alliance has estimated that 4 to 6 damaged areas can be exposed and prepared in one (1) day. Alliance will also remove all small trees from the landfill cap and surrounding drainage control swales. These tasks are estimated to require two (2) days to complete at a daily rate of $1,200 (includes operator, machine, and laborer) plus a mobilization/demobilization fee of $900 (total cost of $3,300). Following exposure and preparation of the damaged areas, encountered site conditions will be conveyed to the specialized lining contractor, Taylor Geosynthetics, Inc, for coordination and scheduling. The liner repairs are estimated to require one (1) day to complete; at a daily rate of $2,500. It is assumed up to 4 locations (no larger than 15'x15') can be repaired in one day. The daily rate includes new 40-ml liner, welding equipment, and QAIQC testing of repairs. If more than 4 damaged areas are identified, costs will increase for the lining contractor and Alliance per their daily rates. Once the liner repairs have been completed, Alliance will return to the Site and restore the cover materials in each of the repaired areas. The materials removed during preparation will be re - sued to the extent possible, and placed according the cap design. AMEC will procure additional new cap cover materials for use as necessary. Each of repaired areas will be seeded, fertilized, and covered in straw for reestablishment of the vegetative cover. This task is estimated to take one (1) day to complete, at a daily rate of $1,200 and an additional mobilization/demobilization of $900 (total cost of $2,100). Cover materials will be procured from US Aggregates and include topsoil, sand, and borrow. One load (approximately 20 tons) of each material will be delivered to the Site and stored in a common location approved by the City. Material cost including delivery are estimated at $652 ($14.071ton topsoil, $10.331ton for sand, $8.19/ton for borrow, plus AMEC's handling fee). Once the cap damaged areas and all trees/saplings removed, Alliance will mow the landfill limits at a cost of $1,200; however, they will try to reduce this cost by hiring a local landscaper to complete the mowing activity. A written quote from the local mowing contractor could not be obtained prior to issue of this proposal. An EXHIBIT-1'AGt '" . `.OFF Mr. Tony Foster February 19, 2013 Page 5 AMEC professional will oversee all of the landfill maintenance and repair activities. During the mowing, an AMEC professional will do a final inspection of the Site, and if needed complete removal of any sampling or well repair wastes. The total cost for landfill repairs and maintenance is estimated at $17,632. A detailed breakdown of these costs is attached in Tables 1 and 2. TASK 6 — REPORTING Within 2 months of final data receipt from the laboratory, AMEC will prepare and submit a draft letter report in electronic format for review by the City of Richmond, and IDEM as applicable. The letter report will include summary tables and figures of groundwater analytical and field measured data. A summary of the other completed Site activities will be included in the report. These other activities will Include the monitoring well repairs and maintenance, monitoring well redevelopment, and the landfill cap and cover repairs. A draft of the report in electronic format will be issued to the City of Richmond, and IDEM as applicable, for review and comment. Following review and comment, edits as necessary will be completed, and the final report issued to the City of Richmond and IDEM (cost assumed 1 hard copy and an electronic version on CD). The estimated cost to complete this task is $5,118. TASK 6 — PROJECT MANAGEMENT This task involves routine communications applicable, coordination of field and reportin preparation of client invoices. The task subcontractors and procurement of project communications with IDEM and the City will each phase of the proposed scope of work. $2,739. SCHEDULE g with the City of Richmond, and IDEM as activities, subcontractor management, and also includes setup of all contracts with equipment and supplies. It is anticipated be necessary prior to, during, and following The estimated cost to complete this task is Preparation of the work plan will be initiated following authorization to proceed. A draft work plan will be provided to the City (and IDEM as applicable) within two (2) weeks of authorization. Following review and comment of the draft work plan, the final will be prepared and issued within approximately one week. It is anticipated preparation for field activities can begin within two (2) weeks of work plan approval. The well repairs are anticipated to be completed in one (1) day. Monitoring well redevelopment and groundwater sampling will commence the following week and are expected to be completed over a period of five (5) days. The landfill cap and cover repairs can be initiated following groundwater sampling. The initial repair activities and brush/tree removal are estimated to take two (2) days to complete. Within 1 to 3 days of completion of this task (or more depending on weather), it is anticipated the liner repair contractor will be onsite to complete the necessary repairs. Liner repairs are anticipated to be complete in one (1) day. Within 1 to 3 days of completion of liner repairs, Alliance will remobilize and complete the cover restoration. Cover restoration is anticipated to be complete in one (1) day. The annual EXHIBIT PAGE OF Mr. Tony Foster February 19, 2013 Page 6 mowing is anticipated be complete in one day and will occur in late summer, or as directed by I DEM. ESTIMATED BUDGET The work will be completed on a time and materials basis as indicated in Tables 1 and 2 (attached) for a requested funding amount of $62,696 for AMEC's labor and expenses. This includes costs for equipment, consumables, travel, and subcontractors. The quote for monitoring well repairs is attached. Other subcontractor costs (associated with the landfill cap and cover work) were solicited through email. Formal quotes will be requested from these vendors prior to award of the work; however, these can be obtained sooner if needed. Laboratory analytical costs will be direct -billed to AMEC and are included in the requested amount. Estimated analytical costs are $9,577. If this proposal is acceptable we ask that you please sign and return the attached Authorization to Proceed. The proposed scope of work will be initiated immediately following authorization to proceed. The work be conducted in accordance with AMEC's Standard Terms and Conditions and the 2007 Rate Schedule (attached), The work will be invoiced on a monthly basis for City of Richmond review and approval. Please contact Mike Devir if you have any questions regarding this proposal. We appreciate the opportunity to assist the City of Richmond with this former Dana facility. Respectfully submitted, AMEC Environment & Infrastructure, Inc. ��� Cpr� Lindsay Caplinger Staff Geoscientist Michael J. Devir, P.E. Senior Project Manager EXHIBIT_ PAGE �_OP Mr. Tony Foster February 19, 2013 Page 7 AUTHORIZATION The undersigned authorizes AMEC Environment described in the proposal dated February 19, 2013. and materials basis for the amount listed below. & Infrastructure, Inc. to perform work as Our services will be completed on a time Scope of Work and Cost Estimate for Environmental Services..........................$62,596 In the event that unforeseen conditions are encountered, you will be contacted immediately. Work on this project will be performed in accordance with the existing Contract with the City of Richmond. Please have the party responsible for payment review this document and sign in the space provided below. PROJECT: Scope of Work and Cost Estimate for Environmental Services Former Dana Facility 2163 Williamsburg Pike Richmond, Indiana Client Information: Mr. Tony Foster Department of Metropolitan Development City of Richmond 50 North 5'h Street Richmond, IN 47374 Please Print Name or Entity Responsible for Payment: Client Contact: Authorized Signature: Print Name: Title: Date: Telephone: Please return signed authorization form to: AMEC Environment & Infrastructure, Inc 201 South Capitol Ave., Suite 200 Indianapolis, IN 46225 USA Tel (317) 713-1700 Fax (317) 713-1710 City of Richmond Mr. Tony Foster Mr. Michael Devir AMEC Environment & Infrastructure, Inc. 201 South Capitol Avenue, Suite 200 Indianapolis, IN 46225 Phone: (317) 713-1700 Fax: (317) 713-1710 www.amee.com EXHIBIT PAGE aF t2 C4 M N ❑ m NHS N�Q Qwwvi - M � N � .j U � L M �N Ni N NO p V pt IM W LLN] ry S E2 M N N Q N S/Y = Q U N O C F C J C O O O a a 0 N Q m Q o �. a vai canww 0 Q= 4 0 4 p 0 0 0 p b m m a N 0 w EO J Q z m p o 0 0 0 o d I- W 0 N w m o 00 NNNQ 4 p a p T 0 0 g p m a m e• N o 0pn�w p» n CIF O O J � a0 w Kl mW W V3 h e M N p O O p O na A N spYJ M r M p m C } W N N N W N RQ-m a tj N — tNp ppp o VJ ❑�� O r � O Q p a c a E N e e "c vo a,! � F a q o m o U M m .G_p.G{Q cKc e z m O C o C o 3 ff ��=mom a 'o r N v1 Q C C tl� W b x 0 m wa 6 1= H H F r EXHIBIT PAGE 0� U C] O o om �a�'o�voi o M ao Y O Lfk U OW N o 7 w m o o o o o q q O vi cv fn �sr +n ui tl1 w t O On o o o m W M ( N h a J C � o p S R N O a o 0 0 .or. 00 o o 0 o 0 o m w N w U m m � J h g Q 0 0 h O ^ O M N o 0 0 M [ N M V3 H3 7 � w yr c m o, o m o o rn W m v n Rp LL C R. a N mR C E 0 a � aS a c > q1 O 4 R � Y N P] Q L C m' N Ip O N N N N Yy J J -. l� F H H r W R � 8888888800 0 0 0 N O O m O o rn m i w(p o o n o D W N� m ui ua � N M M W F° O Q O 0 0 0 0 0 �O[V �OCY)O N �D �s-NNN�o U C [9 d3 (9 bi M-vY Mw 0 9 R � �ULJa Ow N EXHIBIT PAGE 0F_J1::_ MIDWAY SERVICES, INC. P.O. Box 2; Knightstown, IN 46148 Phone 317-319-2827 Fax 765-345-5833 February 8, 2013 Ms. Lindsay Caplinger AMEC Environment & Infrastructure, Inc. 201 S. Capitol Avenue; Suite 200 Indianapolis, IN 46225 Re: Proposal for Well Cover Repair Services Richmond, Indiana Midway Proposal No. 13-040 Lindsay: Midway Services, Inc. (Midway) is pleased to provide this proposal for conducting well cover repair services at the above referenced site. This proposal has been prepared based on your recent e-mail request dated February 6, 2013. Scope of Work Midway understands the scope of work at the site will include the following: -Replacing the concrete pad associated with the stick-up protective cover at seven (7) existing 2-inch groundwater monitoring wells. Additionally, three (3) of these stick-up covers will also be replaced during the well pad replacement process. -Providing a new 2-inch locking well cap for twenty-one (21) existing 2-inch wells Cost Estimate Based on the above scope of work and the project requiring one (1.0) day to complete, Midway proposes to provide our services for a cost of $1,725*. *If additional stick-up protective covers (complete with concrete pads) are needed at the site, these will be charged at a cost of $210 per cover. This cost includes the stick-up protective cover, labor, concrete mix and a wood form for the well pad. EXHIBIT PAGE �QF� If conditions change, unforeseen circumstances arise, or the scope of work is modified to the point that the cost estimate is no longer valid, the client will be notified and a revised cost estimate will be provided. However, the above cost estimate will not be exceeded without the client's approval. We appreciate the opportunity to provide you with this proposal and look forward to working with you on this project. If you have any questions, please call me at (317) 319-2827. Sincerely, Midway Services, Inc. Marty Hicks President EXHIBIT -10�- P GE .01 December 2006 Final ameO AMEC EARTH & ENVIRONMENTAL 2007 RATE SCHEDULE The hourly labor rates set forth below are valid from January 1, 2007 and are subject to annual revision thereafter. AMEC will provide CLIENT thirty days advance written notice of any such revisions. PROFESSIONAL SERVICES CLIENT agrees to reimburse AMEC for all hours worked by professionals at the following Classifications and associated hourly labor rates. For expert witness testimony and related services in connection with litigation, CLIENT agrees to reimburse AMEC for all hours worked by professionals at the following classifications, but at one and one half times the associated hourly labor rates. CLASSIFICATION RATFJHOUR CLASSIFICATION RATEIHOUR Professional Levels 1 $55.00 Professional Level 14 $120.00 Professional Levels 2 $60.00 Professional Level 15 $130.00 Professional Levers 3 $65.00 Professional Level 16 $140.00 Professional Level 4 $70.00 Professional Level 17 $145.00 Professional Level 5 $75.00 Professional Level 18 $155.00 Professional Level 6 $80.00 Professional Level 19 $165.00 Professional Level 7 $85.00 Professional Level 20 $170.00 Professional Level 8 $90.00 Professional Level 21 $180.00 Professional Level 9 $95.00 Professional Level 22 $190.00 Professional Level 10 $100.00 Professional Level 23 $200,00 Professional Level 11 $105.00 Professional Level 24 $210.00 Professional Level 12 $110.00 Professional Level 25 $220,00 Professional Level 13 $115,00 Professional Level 26 $240.00 TECHNICIAN SERVICES CLIENT agrees to reimburse AMEC for all hours worked by technicians at the following classifications and associated hourly labor rates. CLASSIFICATION RATEIHOUR OVERTIME CLASSIFICATION RATEIHOUR OVERTIME Technician Level 1 $30.00 $45.00 Technician Level 10 $55.00 $82.50 Technician Level 2 $32.50 $48.75 Technician Level 11 $60.00 $90.00 Technician Level 3 $35.00 $52.50 Technician Level 12 $65.00 $97.50 Technician Level 4 $37.50 $56,25 Technician Level 13 $70.00 $105.00 Technician Level 5 $40.00 $60,00 Technician Level 14 $75.00 $112.50 Technician Level 6 $42.50 $63.75 Technician Level 15 $80.00 $120.00 Technician Level 7 $45.00 $67.50 Technician Level 16 $85.00 $127.50 Technician Level a $47.50 $71.25 Technician Level 17 $90.00 $135.00 Technician Level 9 $50.00 $75.00 Technician Level 18 $95.00 $142.50 ADMINISTRATIVE SERVICES CLIENT agrees to reimburse AMEC for all hours worked by administrative staff at the following classifications and associated hourly labor rates. CLASSIFICATION RATEIHOUR OVERTIME CLASSIFICATION RATEIHOUR OVERTIME Administrative Level 1 $35.00 $52.50 Administrative Level 6 $60,00 $90.00 Administrative Level 2 $40.00 $60.00 Administrative Level 7 $65,00 $97.50 Administrative Level 3 $45.00 $67.50 Administrative Level 8 $70,00 $105.00 Administrative Level 4 $50.00 $75.00 Administrative Level 9 $75.00 $112.50 Administrative Level 5 $55.00 $82.50 Administrative Level 10 $80.00 $120.00 MISCELLANEOUS EXPENSES - 60/6 of Labor Charges CLIENT agrees to reimburse AMEC for miscellaneous expenses incurred, such as consumable supplies, telephone & facsimile charges, photo processing, and small tools, etc., not otherwise invoiced as other direct expenses, at the rate of 6% of labor charges. OTHER DIRECT EXPENSES CLIENT agrees to reimburse AMEC for all other direct expenses incurred at the following rates, except as otherwise specified by AMEC in its proposal: Travel Expenses: Transportation (mileage, air travel, car rental, etc.), lodging, meals, & incidental expenses Cost plus 15% Subcontract Expenses: Supplies or services fumished to AMEC in support of project activities by any supplier or firm, Cost plus 15% except temporary agency or consultant staff charged at above hourly rates Direct Expenses: Other expenses in support of project activities Cost Plus 15%