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HomeMy Public PortalAbout040-2013 - Metro - AECOM - Ground Water Remediation - Phase 2PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this � day of, 2013, and referred to as Contract No. 40-2013 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 AECOM, 8902 Vincennes Circle, Indianapolis, IN 46268 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide professional services to oversee environmental remediation, specifically the capping and groundwater remediation at the former manufactured gas plant property located at 16 East Main Street in Richmond, Indiana, as part of Phase II of the MGP Remediation (the "Project"). The professional services conducted by Contractor shall comply with all applicable federal and state Brownfield Cleanup Guidelines as explained in part below as well as any applicable US EPA and IFA requirements. Contractor's proposal, dated April 1, 2013, consisting of ten (10) pages, is on file in the office of the Department of Metropolitan Development, is attached as Exhibit A to this Agreement, and is incorporated herein by reference. Contractor agrees to abide by the same. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary which are incidental to the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The Ciq is in receipt of any retluired 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 II. 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. Contractor shall be deemed "prime contractor" and/or "subrecipient" and City shall be deemed "award recipient" for purposes of any Brownfield Administrative Conditions, Guidelines, or Covenants. Contract No. 40-2013 Page ] of 19 SECTION III. COMPENSATION City shall pay Contractor a total sum not to exceed One Hundred Sixty -Three Thousand Dollars and Zero Cents ($163,000.00) for complete and satisfactory performance of the work required hereunder. SECTION IV. FEDERAL CONTRACT PROVISIONS PER 29 CFR 5.5 City and Contractor shall comply with the below Federal contract provisions set forth in accordance with 29 CFR 5.5: (a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in Sec. 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor): (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage detennination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, j or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis- Bacotr-po-ster-( =1-32di)phaiiae-posted�at-all-times-icy-the--contractor-and-it Page 2 of 19 subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of Iaborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withhol-lirrg-T-hn-Environmetrtai-Proteuti-on--Agency-("-EPA'—')-{or-the-City-of Richmond as the grant recipient) shall upon its own action or upon written request of Page 3 of 19 an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis - Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the EPA if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the EPA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 Cl~R 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web contractor is responsible for the submission of copies of payrolls by all Page 4 of 19 subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the EPA if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the EPA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under See. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees--(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State�--Apprenttc-c-ship—,kgency-recagnized-by-the-Officer-if-"erson-is employed in his or her first 90 days of probationary employment as an apprentice in Page 5 of 19 such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the cYass fscat on of -work actu-aliyperformed—In-addition, any trainee performing work on the job site in excess of the ratio permitted under the Page 6 of 19 registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Sec. 5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms Iaborers and mechanics include watchmen and guards. the contract work which may require or involve the employment of laborers or Page 7 of 19 mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The EPA (or the City of Richmond as the grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department interview employees during working hours on the job. Page 8of19 (The information collection, recordkeeping, and reporting requirements contained in the following paragraphs of this section were approved by the Office of Management and Budget: OMB Control Paragraph Number (a)(1)(ii)(B).............................................. 1215-0140 (a)(1)(ii)(C).............................................. 1215-0140 (a)(1)(iv)................................................. 1215 -0140 (a)(3)(i).................................................. 1215-0140, 1215-0017 (a)(3)(ii)(A).............................................. 1215-0149 (c)........................................................ 1215-0140, 1215-0017 [48 FR 19540, Apr. 29, 1983, as amended at 51 FR 12265, Apr. 9, 1986; 55 FR 50150, Dec. 4, 1990; 57 FR 28776, June 26, 1992; 58 FR 58955, Nov. 5, 1993; 61 FR 40716, Aug. 5, 1996; 65 FR 69674, Nov. 20, 2000; 73 FR 77511-77512, Dec. 19, 2008] SECTION V. BROWNFIELD AND CLEANUP GUIDELINES CONDITIONS AND COVENANTS A. DRUG -FREE WORKPLACE CERTIFICATION AND MAINTAINING A DRUG - FREE WORKPLACE (EXECUTIVE ORDER NO. 90-5) Contractor shall maintain a drug -free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200-36.230. Contractor understands, acknowledges, and agrees that the project is a federally funded project and the project location is identified as a Brownfield cleanup location subject to federal drug -free workplace provisions, including but not limited to Title 40 CFR 36.200-36.230 and Title 40 CFR 36.300 as applicable. Contractor additionally understands, acknowledges, and agrees that the consequences for violating the drug -free workplace provisions are outlined under Title 40 CFR 36.510. Contractor covenants and agrees to make a good faith effort to provide and maintain during the term of this Agreement a drug -free workplace and shall assist City with giving notice to the Indiana Finance Authority within ten (10) days after receiving actual notice that an employee of the Contractor or any subcontractor, who serves in or could be expected to serve in a capacity related to the Project, is convicted of a criminal drug violation occurring in the Project workplace. In addition to the above drug -free covenants, if the grant funds exceed $25,000, the Contractor and any subcontractor further agree that this Agreement is expressly subject to the terms, conditions, and representations of the following certification: "This certification is required by Executive Order No. 90-5, April 12, 1990, issued by the Governor of Indiana. Pursuant to its requiring the inclusion of this certification in all contracts and grants Page 9of19 from the State in excess of $25,000.00. No award of a contract shall be made, and no contract, purchase order or agreement, the total amount of which exceeds $25,000.00, shall be valid, unless and until this certification has been fully executed by the Grant Recipient and made a part of the contract or agreement as part of the contract documents. "The Grant Recipient certifies and agrees that it will provide a drug -free workplace by: (1) Publishing and providing to all its employees a statement notifying them that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Grant Recipient's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a drug -free awareness program to inform its employees of (a) the dangers of drug abuse in the workplace; (b) the Grant Recipient's policy of maintaining a drug -free workplace; (c) any available drug counseling, rehabilitation, and employee assistance programs; and (d) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; (3) Notifying all employees in the statement required by subparagraph (A) above that as a condition of continued employment, the employee will (a) abide by the terms of the statement; and (b) notify the Grant Recipient of any criminal drug statute conviction for a violation occurring in the workplace not later than five (5) days after such conviction; (4) Notifying the State within ten (10) days after receiving notice from an employee under subdivision (3)(b) above, or otherwise receiving actual notice of such conviction; (5) Within thirty (30) days after receiving notice under subdivision (3)(b) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (a) taking appropriate personnel action against the employee, up to an including termination; or (b) requiring such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency; and (6) Making a good faith effort to maintain a drug -free workplace through the implementation of subparagraphs (1) through (5) above." Page 10 of 19 City and Contractor (and any of Contractor's subcontractors) further agree that the failure of the Contractor and any subcontractor to comply in good faith with the above drug -free workplace provisions, or falsifying or otherwise violating any of the above drug -free workplace certification provisions shall constitute a material breach of this Agreement. Any breach entitles the Indiana Finance Authority to impose sanctions against the Contractor and any subcontractors, including (but not limited to) recovery of the Grant Funds, cancellation of this Agreement, and debarment of the Contractor or Subcontractor from doing further business with the Indiana Finance Authority or the State of Indiana for up to three (3) years. B. DBE REQUIREMENTS In accordance with the Environmental Protection Agency's (hereinafter "EPA") Program for Participation by Disadvantaged Business Enterprises in procurement under EPA financial assistance programs, Contractor, as subrecipient, agrees to comply with 40 CFR 33.301 which sets forth the following: Sec. 33.301 A recipient, including one exempted from applying the fair share objective requirements by Section 33.411, is required to make the following good faith efforts whenever procuring construction, equipment, services and supplies under and EPA financial assistance agreement, even if it has achieved its fair share objectives under subpart D of this part: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to ICe-the-stepson-paragraphs-(a -througb-(e}of-t-his sect}on. Page 11 of 19 Contractor shall retain records documenting compliance with the above DBE Requirements and shall require the inclusion of the above language in all sub -contracts entered into for this Project. Contractor understands that the EPA has reserved the right to take corrective action under 40 CFR Parts 30, 31, and 35, as appropriate. C. RECYCLED PAPER Contractor, as subrecipient of Grant Funds, agrees to use recycled paper for all reports which are prepared as a part of this Agreement and delivered to the EPA, in accordance with EPA Order 1000.25 and Executive Order 13101, Greening the Government Through Waste Prevention, Recycling and Federal Acquisition. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. Please note that Section 901 of E.O. 13101, dated September 14, 1998, revoked E.O. 12873, Federal Acquisition, Recycling, and Waste Prevention in its entirety. D. PROCUREMENT OF RECYCLED PRODUCTS Contractor, as subrecipient of Grant Funds, shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by the EPA. These guidelines are listed in 40 CFR 247. E. SMALL BUSINESS IN RURAL AREAS Contractor agrees to comply with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988. Therefore, if Contractor as subrecipient awards a subcontract under this Agreement, Contractor will utilize the following affirmative steps relative to Small Business in Rural Areas (SBRAs): (1) Placing SBRAs on solicitation lists; (2) Ensuring that SBRAs are solicited whenever they are potential sources; (3) Dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; (4) Establishing delivery schedules, where the requirements of work will permit, which would encourage participation by SBRAs; (5) Using the services of the Small Business Administration and the Minority Business Development Agency of the U.S, Department of Commerce, as appropriate; and through (5) of this condition. Page 12 of 19 l�.yll:XVILT X:,41RN The City as recipient has agreed to certain subaward provisions and Contractor, as prime contractor and subrecipient, shall agree to same and require the below subparagraphs in any subcontract: (1) Establish all subaward agreements in writing; (2) Ensure that any subawards comply with the standards in Section 210(a)-(d) of OMB Circular A-133, and are not used to acquire commercial goods or services for the Contractor; (3) Ensure that any subawards are awarded to eligible subrecipients and that proposed subaward costs are necessary, reasonable, and allocable; (4) Ensure that any subawards to 501(c)(4) organizations do not involved lobbying activities; (5) Monitor the performance of subcontractors and ensure that they comply with all applicable regulations, statutes, and terms and conditions which flow down in the subaward; (6) Obtain EPA's consent before awarding a subcontract or making a subaward to a foreign or international organization, or a subaward to be performed in a foreign country; and (7) Obtain approval from EPA for any new subaward work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. G. SUSPENSION AND DEBARMENT: 2 CFR PART 1532 Contractor agrees to fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Contractor is responsible for ensuring that any subcontracts or lower tier covered transaction as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Contractor is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Contractor, as prime contractor and subrecipient understands, acknowledges, and agrees that the required terms as set forth above shall be included in all subcontracts. Additionally, Contractor understands, acknowledges, and agrees that failure to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of any assistance agreement awarded to the City, or pursuance of legal remedies, including suspension and debarment. Contractor further understands, acknowledges, and agrees that any failure to disclose information as set forth above may result in the termination of this Agreement. Debarment, Suspension, and Other Responsibility Matters." Page 13 of 19 H. LOBBYING AND LITIGATION — ALL RECIPIENTS Contractor understands, acknowledges, and agrees that no Grant Funds shall be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. As mandated by this Act, Contractor agrees to provide certification to the award official via EPA Form 5700-53, Lobbying and Litigation Certificate, within ninety (90) days after the end of the project period. This form can be accessed at hqp://www.epa..gov/o,--d/forins/adobe/5700-53.pdf Contractor shall abide by its respective OMB Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the United States. Any Part 30 recipient shall abide by its respective OMB Circular (A-21 or A-122), which prohibits the use of Federal Grant Funds to participate in various forms of lobbying or other political activities. CONFLICT OF INTEREST (1) As used in this section: "Immediate Family" means the spouse and the emancipated children of an individual. "Interested Party" means: (i.) The individual executing this Agreement; (ii.) Any individual who has an interest of three (3%) percent or more of the Grant Recipient; or (iii.) Any member of the Immediate Family of the individual specified under subdivision (i.) or (ii.). "Commission" means the State Ethics Commission. (2) The Indiana Finance Authority may cancel this Agreement without recourse if an Interested Party is an employee of the Indiana Finance Authority or the State of Indiana. (3) The Indiana Finance Authority will not exercise its right to cancel this Agreement under this Conflict of Interest provision if the City gives the Indiana Finance Authority an opinion of the Commission indicating that the existence of this Agreement and employment by the Indiana Finance Authority or the State of the Interested Party does not violate any statute or code relating to ethical conduct of employees of the Authority or State employees. The Indiana Finance Authority may take action, including cancellation of this Agreement, consistent with an opinion of the Commission. (4) The City, as Grant Recipient, has an affirmative obligation under this Party is, or becomes, an employee of the Authority or the State. The Page 14 of 19 obligation under the above Conflict of Interest provisions extends only to those facts that the City knows or reasonably should know. Contractor, as subrecipient, agrees that it shall also comply with the above Conflict of Interest provisions and shall disclose to the Indiana Finance Authority when an Interested Party is or becomes and employee of the Indiana Finance Authority or the State of Indiana. This obligation of Contractor shall extend only to those facts that Contractor knows or reasonably should have known. Contractor shall include the above Conflict of Interest provisions in all subcontracts for this project. SECTION VI. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until the completion of the project as outlined in the bid specifications. 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 of termination and the reasons for termination which shall include but not be limited to the following: (1) failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; (2) submission by the Contractor to the City of reports that are incorrect or incomplete in any material respect; (3) ineffective or improper use of funds provided under this Agreement; (4) unavailability of sufficient fluids 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 effective date of termination by -Contractor, 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. This Agreement may also be terminated by the City, in whole or in part, in the event the grant funding to the City under which this Agreement is made is suspended or terminated. A force majeure event is an event that includes but is not restricted to: acts of God; acts of a legislative, administrative, or judicial entity; acts of contractors other than contractors engaged directly by Contractor; fires; floods; labor disturbances; epidemics; and unusually severe weather. In the event that performance of services by Contractor is affected by a force majeure event that is beyond the Contractor's reasonable control, Contractor will be granted a time extension and the parties will negotiate an equitable adjustment to the price of any affected services, where appropriate, based upon the effect of the force majeure event on performance by Contractor. However, City retains fie ri`gho fermioa et as set fartli--abov atrti rn-tlrc--event-ofsuchrterminatian tthe-C—i"haH-be Page 15 of 19 required to make payment for all work performed prior to the effective date of termination by Contractor, but shall be relieved of any other responsibility herein. SECTION VIII. 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. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 each aggregate F. Malpractice/Errors & Omissions Insurance $500,000 each occurrence $500,000 each aggregate SECTION IX. 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 state's worker's compensation law, Contractor may choose to comply with all provisions of its oi1-me state'-g--i�rorker}s-compensation-iau-and-provide-tire--£ity-proof-of-sueh compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. Page 16 of 19 SECTION X. 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: 1. 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, 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 monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Pursuant to Indiana Code 22-9-1-10 and the Civil Rights Act of 1964, the Contractor as the subrecipient and any of Contractor's subcontractors shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to the employee's or applicant's hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee's or applicant's race, color, religion, sex, disability, national origin, or ancestry. Acceptance of this Agreement also signifies compliance with applicable Federal laws, regulations, and executive orders prohibiting discrimination in the provision of services based on race, color, national origin, age, sex, disability, or status as a veteran. D. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION XI. COMPLIANCE WITH 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 a 1 y hired employees of tke contractrrr-th:rough—tire-Indiana--E=Verify-program. Contractor is not required to verify the work eligibility status of all newly hired employees of the Page 17 of 19 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 22-5-1.7-11 (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 Iiable to the City for actual damages. SECTION XII. 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 longer valid and said determination is not 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 XIII. 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 for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XIV. 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. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It 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. 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 suit arising under this Contract, if any, 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. Page 18 of 19 Any person executing this Contract in a representative capacity hereby warrants that he 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 due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or 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 party by virtue of the authorship of any of the provisions of this Agreement. 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: ��k i'fJf1l Vicki Robinson, President r By: iouwlv� Dian Lawson, Member Date: Y—�1-40 APPROVE .� &44� Sarah L. Hutton, Mayor "CONTRACTOR" AECOM 8902 Vincennes circle Indianapolis, IN 46268 Printed: Jea,4 P .!`,ir-J50 Date: ® i Z Z0 Page 19 of 19 EXHIBIT PAGE OF 0 Lffcom AECOM 317.735.3015 tel 4030 Vincennes 317.293,4295 Fax Indianapolis, IN 46268 April 1, 2013 Mr, Tony Foster II City of Richmond Executive Director Department of Metropolitan Development 50 North 5th Street Richmond, IN 47374 Subject: Revised Proposal for Phase II Ground Water Remediation Former MGP Site Richmond, Indiana Indiana Finance Authority Brownfields Program No. 4980004 Dear Mr. Foster: AECOM Technical Services, Inc. (AECOM) is pleased to submit this revised proposal to the City of Richmond (the City) to provide professional services including managing the execution of the Phase II Ground Water Remediation at the Former Manufactured Gas Plant (MGP) site located at 16 West Main Street in Richmond, Indiana (Site). The Site is enrolled in the Indiana Finance Authority (IFA) Brownfelds Program and is assigned site number 4980004. The proposed ground water remediation efforts will be completed in accordance with an approved Remedial Action Work Plan (RAWP) prepared in September 2012 and the Analysis of Brownfield Cleanup Alternatives (ABCA) prepared in October 2012. The remedial objective for the Site is to ensure that exposure to affected media is sufficiently controlled to protect potential receptors: construction workers and recreational patrons and the East Fork of the White River. Environmental characterization of the Site has been conducted in accordance with the Indiana Department of Environmental Managements (IDEMs) Risk Integrated System of Closure (RISC)' Technical Guide and User Guide (IDEM, 2001). Based on this characterization, remedial action is needed to protect potential receptors from exposure to MGP related residuals in affected media. Remedial actions proposed herein include: + Installation of a cap to protect future recreational site workers and recreational patrons and, + Treatment of MGP-impacted off -site ground water that could facilitate the migration of MGP impacts into off -site media, particularly the East Fork of the White River; and eliminate or control potential exposure pathways for site workers and recreational patrons. This will include the implementation of an on -site cap. ' RISC has been the guidance policy that provides a framework within which to implement the laws and rules governing the remediation of sites in Indiana. EXHIBIT PAGE Z 4FIL AECOM Phase II Ground Water Remediation Former MGP Site Richmond, Indiana On behalf of the City, AECOM assisted with the development of bid specifications and contractor evaluation associated with implementation of the RAWP. Contractor selection was made by the the City which has contracted Summit Contracting of Evansville, Indiana (Summit) to perform the ISCO ground water treatment and cap installation activities outlined in the RAWP. AECOM is proposing to provide Professional Services to the City of Richmond and serve as the City's Engineering Representative throughout implementation of the Phase 11 Ground Water remediation and associated activities. A brief summary of previous Site activities, AECOM's proposed scope of work, schedule and cost to conduct ground water remediation and monitoring activities included in the RAWP are summarized below. AECOM's original proposal, dated February 1, 2013, included comprehensive contractor oversite, eight (8) quarters of groundwater sampling and comprehensive reporting for an estimated fee of $270,168. Due to reduced project funding from the Indiana Finance Authority (IFA), the available funding has been reduced to $163,000. The scope and fees included in this revised proposal have been modified to reflect this reduced funding level as described below. Please note that the original scope and fee were consistent with those summarized in the Decision Memorandum submitted by the 1FA Brownfields Program to the US EPA and that additional funding will be required for AECOM to complete the original scope of work. Summary of Previous Site Activities Site investigations were conducted at the Site between 1994 and 2012 to delineate soil and ground water impacts associated with the former Richmond MGP Site through means of records searches, subsurface structure identification, local hydrogeological investigations, surface and subsurface sampling, installation of ground water monitoring wells, and laboratory analysis of soil and ground water samples. Information and findings from previous Site investigative efforts is provided in a number of documents as summarized in section 1.2.1 of the RAWP (September 2012). The results of these investigations provided sufficient data to delineate source areas in soil and affected ground water beneath and to the west of the Site. This information was utilized to prepare the approved RAWP in September 2012 which included evaluation and implementation of insitu chemical oxidation (ISCO) treatment to reduce contaminant mass within affected ground water and installation of a clay cap across the Site to prevent contact with affected soil. Scope of Work AECOM's scope of work for ground water remediation services will consist of the following tasks: Task 100 — Site Capping • Serve as City's Engineering representative • Limited Cap Installation oversite • Document RAWP implementation Task 200 — ISCO Ground Water Remediation • Limited ISCO Program oversite • Expand existing monitoring well network • Ground Water sample collection (low -flow methodologies) • Laboratory Analysis: COCs, ISCO Treatment Parameters EXHIBIT A PAGED AECOM Phase 11 Ground Water Remediation Former MGP Site Richmond, Indiana Task 400 -- Project Management & Reporting • Quarterly Progress Reporting • Regulatory Coordination A more detailed description of each of these tasks is provided below. Task 100 — Site Capping Oversite AECOM will serve as the City's Engineering Representative to ensure that the Site cap is installed by Summit in accordance with the approved RAWP. AECOM will provide an onsite representative during capping activities for a period of up to 20 working days to allow for budget restrictions. Summit representatives have indicated that this will be sufficient time for cap completion; however, AECOM has no provision for additional oversite if this time is exceeded. Much of the Site preparation has been completed as part of the ongoing source removal activities at the Site. These activities included clearing and grubbing of vegetation over the COC-affected areas of the site. It is possible that a limited amount of vegetation may require removal from the slope along the western edge of the property. If required, these clearing and grubbing activities will be completed with excavation equipment mobilized to the Site for cap placement activities by Summit. Cleared and grubbed vegetation will be chipped and mulched on -site using a trailer -mounted chipping machine provided by Summit. All mulched material will be stockpiled on -site to await use as cap cover in areas that do not require seeding. Summit will complete any remaining Site grading that was not completed during source removal activities. Generally, the anticipated slope is a 3:1 grade down slope to the western edge of the site. Any Site grade that does not meet this slope requirement will be made to do so prior to capping activities utilizing the hydraulic equipment mobilized to the Site for cap installation by Summit. One exception to the 3:1 grade requirement will be the base of the access road to be installed by the City of Richmond across the Site. The grade of this roadway will be provided by Rundell Ernstberger Associates LLC, the City's road design engineer, prior to mobilization and the roadway requirement will be incorporated into the Site grading plan. Once the Site has been graded, cap installation activities will be initiated by Summit. The general conceptual rendering of the anticipated cap is included on Figure 14 of the RAWP. Prior to approval for use, a sample of the proposed clay cap material will be collected from a local source of choice, delivered to an environmental/ geotechnical laboratory and analyzed for concentrations of COC (BTEX, PAHs and select metals) as well as proctor testing to ensure adequate compaction qualities of the clay. Assuming that the selected clay material does not contain detectable concentrations of COC and possesses adequate compaction characteristics, this material will be approved for use as the cap for the Site by AECOM. Following approval, clay fill will be transported to the Site from the selected local source by tri-axle dump trucks. This material will be unloaded and spread across the Site with a track -mounted hydraulic excavator and front-end loader operated by Summit. Depending upon the compaction characteristics of the proctor analysis, approximately 4,600 tons of clay will be spread across the Site-to-a-thickness-of.approximatety24_inches,-wjthJhe-exoep#ioaof-tb_eatea of th_e-roposed City roadway. This clay cap material will then be compacted to 95% of the proctor value determined from geotechnical laboratory testing to a compacted thickness of 18 inches. EXHIBIT PAGE _q_01= AECOM Phase II Ground Water Remediation Former MGP Site Richmond, Indiana The uncapped area designated for the roadway will be backfilled using base material to be specified by Rundell Ernstberger Associates LLC. It is our understanding that Summit may also complete road installation in conjunction with Rundell Ernstberger's design. This proposal includes no provision for AECOM oversite or other participation in road installation activities. Summit will conduct site restoration following the completion of capping activities. Approximately 1,500 tons of topsoil will be placed over the compacted clay. The newly placed topsoil will be hydro -seeded to facilitate growth of grass. Any areas of the Site not capped and/or seeded will be covered with the stockpiled mulch material. The proposed City roadway across the Site will be completed with asphalt surface tied into the clay cap. The completion of the roadway will mark the completion of the Site capping activities. Task 200 — ISCO Remediation Oversite AECOM will serve as the City's Engineering Representative to ensure that the ISCO ground water remediation program is implemented by Summit in accordance with the approved RAWP. AECOM will provide an onsite representative during ISCO bench, pilot and full scale injection activities for a period of up to 20 working days to allow for budget restrictions. AECOM has no provision for additional oversite if this time is exceeded. As noted above, ISCO is the selected remedial approach to address COC-affected ground water beneath and to the west of the Site. Three ISCO reagents have been selected for remedial consideration: RegenOx© manufactured by Regenesis of San Clemente, California; Fenton's Reagent or modified Fenton's Reagent; and, potassium permanganate. Summit's base scope of work for this project includes performing bench -scale laboratory testing and then a pilot test to identify the optimum reagent for three distinct site conditions. Summit will perform pilot tests for each of these selected reagents in the vicinity of monitoring well MW-015 located in the center of the off -site ground water plume (dissolved phase impacts); monitoring well MW-001, which has historically contained free product; and, monitoring well MW 004, which is located on -site and has had detections of dissolved phase ground water impacts. It should be noted that monitoring well MW-004 is currently damaged and will require replacement as part of this scope of this scope of work. The location of these monitoring wells and pilot test areas are shown in Figure 1 and Figure 5 of the RAWP. The pilot test will consist of collecting three soil and ground water samples from each of the selected monitoring well locations utilizing the monitoring wells for ground water sample collection and direct push techniques for soil sample collection. Once collected, the samples will be properly containerized and forwarded to Summit's selected testing laboratory for bench test analysis. A total of nine tests will be completed; one test for soil for each of the three reagents in each of the three test areas. The ground water will be used in the bench tests in order to better determine how effective the oxidants will work with the site geochemical conditions. The bench test will consist of inoculating each soil sample with varying amounts of each reagent to determine the optimum remedial injection characteristics. The results of the bench tests will be summarized in a report prepared by Summit with the recommended reagent and injection volume (based on approximate mass calculations). Summit will forward this report to AECOM for review and evaluation. The summary report will also include pilot test rscommendations for #be. se lected-reagent(sj and nuant' of eaciLoxrdant. Following review and evaluation of the bench test report by AECOM, Summit will return to the site to conduct a pilot test of the selected oxidant. Summit will inject the selected oxidant in 8 locations around monitoring well MW 004 onsite to determine the proper dosage and spacing to effectively EXHIBIT PAGE OF 10 AECOM Phase I I Ground Water Remediation Former MGP Site Richmond, Indiana degrade the COC plume in ground water. The pilot test results will also be summarized in a report prepared by Summit with the recommended injection volume and spacing. Summit will forward this report to AECOM for review and evaluation. Utilizing the selected oxidant, Summit will return to the site and implement the full scale ISCO remediation program. One injection event is planned for this remedial program. If additional injection events are required, additional oversite fees for AECOM will be incurred. The selected oxidant will be mixed with water (as necessary) to form an injectable slurry which will then be pressure injected into the zone of contamination which has been determined to be from 18 feet below ground surface (bgs) to 23 feet bgs by previous Site investigations. The injection will be completed using a high pressure pump and direct push drilling equipment. All field activities are anticipated to be completed using Level D personal protective equipment as specified in the Site -specific Health and Safety Plan (HASP) to be prepared by Summit. Task 300 -- Ground Water Monitoring Monitoring Well Installation AECOM will serve as the City's Engineering Representative to ensure that ground water monitoring wells are installed by Summit in accordance with the approved RAWP. AECOM will provide an onsite representative during the monitoring well installation activities discussed below. Up to 5 groundwater monitoring wells will be installed by Summit at the Site. At least one of these monitoring wells will be installed as a replacement for the damaged monitoring well MW-004 in order to facilitate pilot testing and future onsite ground water monitoring. In addition to replacing monitoring well MW-004, it is anticipated that 4 additional ground water monitoring wells will be installed at the Site. These monitoring wells will be installed to the west, northwest and north of the Site in lateral and downgradient locations in order to accurately monitor the COC plume with respect to probable ground water flow toward the Whitewater River. The final number of monitoring wells may be modified based upon the results of the ISCO bench and pilot tests in order to accurately monitor the full scale ISCO remedial progress. This monitoring well installation program will include advancement and continuous sampling of up to 5 borings to facilitate installation of 2-inch diameter monitoring wells, with a maximum anticipated depth of 30 feet below ground surface (ft-bgs). As borings are advanced to facilitate monitoring well installation, soil will be classified, characterized and logged in general conformance with ASTM Methods by Summit. Monitoring wells will be constructed in these borings in general conformance with ASTM Methods D 5784 and D 5092. Monitoring wells will be constructed of 2-inch (nominal) diameter schedule 40 PVC screen and casing. Screens will be ten (10) feet in length, with machine -cut slots of 0.010-inch width. Screens will be placed such that the screened interval "straddles" the water table and level of surface water in the Whitewater River. A filter pack comprised of clean quartz sand of uniform grain size will be placed in the annulus between the well screen and borehole wall, from the bottom of the boring to a depth not less than 2 feet above the top of the well screen. The remainder of the annulus will be filled..with.bentonite#o-w.ithin_2fe.ei_ofihe_gAll e_ ach well will be -completed with a locking cap and either a protective cover extending approximately 30 inches above grade, or with a flush - mount cast iron cover. Protective covers will be set in concrete. EKHIBIT-f\ PAGE . OF AECOM Phase 11 Ground Water Remediation Former MGP Site Richmond, Indiana The newly installed monitoring wells will be developed by Summit not less than 24 hours after completion of well construction. Development will consist of over -pumping and surging. Development will be conducted at a flow rate sufficient to remove fine grained sediment from the well while minimizing drawdown of the water level within the well. The turbidity of the water removed during development will be monitored. Development will continue until turbidity has stabilized at the lowest value attainable or a maximum of ten times the volume of water within the well has been removed. Field records will include the volume of water removed, the nominal flow rate, the duration of the development effort and the turbidity of the water removed, in general conformance with ASTM Method D5521. Water removed during development will be securely contained on site for subsequent disposal at an appropriately permitted facility based on the waste characterization of this material. Following completion of all new monitoring wells, a survey will be conducted to determine the horizontal location of each well relative to the State Plane Coordinate System and the elevation of both the ground and the top of well casing. Location and elevation coordinates will be incorporated into boring logs. Water Level Measurement AECOM will provide ground water collection and analysis services as part of the ground water remediation program in accordance with the RAWP. AECOM will conduct these activities for six (6) consecutive quarters immediately following the additional well installation activities performed by Summit. Please note that the approved plan requires 8 quarters of groundwater monitoring. AECOM will provide additional quarterly sampling activities beyond 6 quarters for an additional fee. During each quarterly sampling event, static ground water levels will be determined in the entire monitoring well network (existing and newly installed wells) by direct measurement with reference to the top of casing at each location in general conformance with ASTM Method D 4750. Each monitoring well will be gauged utilizing an electronic oil -water interface probe to detect the presence of product, as free product has been identified historically in monitoring wells MW-001 and MW-005. The interface probe will also be utilized to determine the depth to ground water in each monitoring well. Water levels in the previously installed well network will also be measured at this time. The elevation of the potentiometric surface will be determined by calculation using the water level data and the reference elevation for each well. The ground water flow direction will be inferred based on the elevation of the ground water surface as so determined. Any free product identified during this phase of the project will be collected from the monitoring wells utilizing a peristaltic pump equipped with dedicated poly tubing and transferred to a 55 gallon steel drum and stored onsite to await disposal arrangements. Ground Water Sample Collection and Analysis Following measurement of static water levels, water will be purged at flow rates ranging from approximately 100 to 500 milliliters/minute from the each well at the Site (12 monitoring wells) to prepare for sampling. During purging, the stabilization of water levels and select water quality parameters will be recorded including dissolved oxygen to monitor ISCO impacts. An in -line water quality meter will be used to determine when natural flow paths have been reestablished and o ation-wateris-being-evaluated-Best-efforts-will-be-made-to-achieve-tlhe-following:-pH-constant within 0.1 Standard Unit, temperature and specific conductance constant within 10%, and turbidity less than 10 NTU or constant within 10% if greater than 10 NTU. Following stabilization, the in -line water quality meter will be disconnected and sampling will be initiated. EXHIBIT L PAGE - S ,,. OE� AECOM Phase II Ground Water Remediation Former MGP Site Richmond, Indiana Up to 12 ground water samples will be collected from the monitoring well network and submitted to an environmental laboratory for BTEX, PAH, RCRA heavy metal and total cyanide in an effort to monitor the COC plume. Previous Site investigations have included weak acid dissociable (WAD) cyanide analyses, however, no levels of concern have been identified at the Site. Therefore, WAD cyanide analyses will not be conducted during this investigation. Depending upon the ISCO oxidant selected for remediation and subsequent ground water quality, additional samples will be collected from selected ground water monitoring wells for ISCO effectiveness. At a minimum, these parameters will include total and dissolved iron (Fe) and magnesium (Mg). One duplicate sample and one trip blank will be used for QAIQC to assess the sampling and analytical program. Ground water samples will be prepared and packaged at the point of sampling, shipped with ice in a cooler, and delivered under standard chain -of -custody procedures to an accredited IDEM-approved analytical laboratory for chemical testing. AECOM will utilize a typhoon - type down -hole pump utilizing low -flow sampling methodology for all ground water sampling activities in accordance with IDEM preference. Task 400 — Project Management & Reporting Quarterly Progress Reporting Data collected during the quarterly monitoring events by AECOM will be incorporated into the comprehensive data set and used to evaluate the ISCO remediation progress. A brief letter report will be prepared each quarter by AECOM summarizing the activities, findings and observations. Each letter report will also include laboratory analytical results as well as any reasonable conclusions regarding ISCO remedial progress. RCR Preparation The original scope included RCR preparation by AECOM. Due to the funding restrictions, RCR preparation is not included in this proposal. If sufficient IFA funds or additional alternative funds are available, AECOM will prepare the RCR following the completion of the full scale ISCO injection events and the S ground water sampling events to document the effectiveness of the injection program. The completion report will summarize the performance of the injections, the extent to which COC reduction has occurred, and the results of the associated ground water monitoring. Regulatory Coordination AECOM will support the City of Richmond with third party correspondence, particularly with the IFA and US EPA Brownfield representatives. This task may also include correspondence with other parties potentially involved with the remedial and Brownfield program such as public and private utilities, the Indiana Department of Transportation (INDOT) and Rundell Ernstberger Associates. Correspondence may also include written and verbal communication with local media outlets such as the Richmond Palladium Item Newspaper. Due to the budget restrictions, this support will be limited to 24 hours of project management effort. Any additional effort will result in additional fees. EXHIBIT PAGE OFJQ AECOM Phase 11 Ground Water Remediation Former MGP Site Richmond, Indiana Project Schedule The following time line is proposed in accordance with the RAWP: TASKS Start Date End '©ate 100 Site Capping 0versite 06/01/13 7101/13 200 ISCO Remediation Oversite 05/01/13 12/31/13 300 Ground Water Monitoring 03/01/13 06/30/14 400 Project Management & Reporting 02/01/12 03/01/15 103101115 Total Project Duration 02101113 Project Budget and Project Assumptions The estimated budget to complete the proposed scope of work will be a lump fee of $163,000. Our budget will not exceed this cost estimate without prior authorization from the City. Project work will be conducted in accordance with the General Terms and Conditions of AECOM's existing contract with the City. A task by task breakdown of this budget estimate is presented in the following cost summary table: TASKS Labor Subs ODCs SUBTOTAL 100 Site Capping Oversite $24,940 $2,350 $27,290 200 ISCO Remediation Oversite $23,620 $2,350 $25,970 300 Groundwater Monitoring Monitoring Well Installation $7,090 $9,075 $505 $16,670 Ground Water Sam lin & Analysis $43,322 $23,760 $10,175 $77,257 400 1 Project Management & Reporting $15,813 1 1 $15,813 Subtotal 1 $114,78.51 $32,835 1 $115,380 $163,000 AECOM assumes the following based on the above cost estimate: The City will provide site access to the Site and offsite locations for field activities. • These costs assume that the Site Capping activities will not exceed 20 days in the field. Additional oversite will be provided at the unit rates included in the agreement between the City and AECOM. • These costs assume that the ISCO bench test, pilot test and full scale injection activities will not exceed 20 days in the field. Additional oversite will be provided at the unit rates included in the agreement between the City and AECOM. • These costs assume that 5 additional monitoring wef s wfill benstatlee site. If required, additional monitoring wells will be installed for a cost of $3,260 each. JEXHOT PAGE q OF AECOM Phase II Ground Water Remediation Former MGP Site Richmond, Indiana • The cost for sampling of the existing monitoring well network is estimated at up to two (2) consecutive 8-hr field days with a two -person AECOM field crew. • The cost for sampling of the monitoring well network includes analysis of up to 12 ground water samples for BTEX, PAHs, RCRA heavy metals and total cyanide for six (6) quarters. Additional samples will be analyzed for a cost of $265 each. If requested, WAD cyanide analysis can be provided for a cost of $39 per sample analysis. • AECOM will not encounter delays beyond our reasonable control at the Site to include, but not be limited to, weather conditions, labor strikes, access restrictions, construction, or rail yard maintenance that would prevent access to the Site once AECOM personnel have mobilized to the Site. • Draft documents including quarterly reports, and RCR will be submitted to the City for review, comment and addition of signatures. Final revised documents will be forwarded to the City for shipment to the Indiana Brownfelds Project Manager. • Project Management and Reporting costs assume 24 hours of effort by AECOM. Any additional effort will be billed at the unit rates included in the current contract rates between the City and AECOM. Authorization Please sign the attached acknowledgement as your written acceptance of AECOM's Proposal to conduct Phase Il ground water remediation services at the former MGP in Richmond, Indiana for $163,000. We appreciate the opportunity to submit this proposal and look forward to continue working with you at the Site. Please feel free to contact the undersigned if you have questions regarding this proposal. Sincerely yours, AECOM Technical Services, Inc. Brooks R. Bertl, P.E., L.P.G. Senior Project Manager 317-735-3015 Q�, O Ate... Jeffrey P. Nelson Department Manager 812-334-8315 EXHIBIT PAGE 10 0 AECOM Phase 11 Ground Water Remediation Former MGP Site Richmond, Indiana Work Authorization AECOM Proposal Dated April 1, 2013 I hereby authorize AECOM to proceed with the scope of work to conduct Phase II Ground Water Remediation activities for the former MGP site located at 16 West Main Street in Richmond, Indiana, described in AECOM's proposal dated April 1, 2013, with a budget authorization of $163,000 under the current contractual agreement between AECOM and the City of Richmond. Signature Print Name Title/Organization Date I agree to accept invoices from AECOM via e-mail and not postal mail: [] Yes Signature: E-mail address Recipient Mr/Ms: Return to: Brooks Bertl AECOM 8902 Vincennes Circle, Suite D Indianapolis, IN 46268 Fax: (317) 735-3015 E-Mail: brooks. bertl{cr�.aecom.com