HomeMy Public PortalAboutr 06:307
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No. ~07
Dõto 0 Arlopt,on Nov~mþer 21, 2006
AUTHORIZING A PROFESSIONAL SERVICI£S CONTRA T WITH EXCEL
ENVIRONMENTAL RESOURCES, INC.
·WHEREAS, the Borough of Carteret is in need of professional env romnental services to
conduct a Preliminary Assessment (P A» with regard to prope y located 35 Cooke
Avenue, Carteret, Block 202, Lots 9, 10 & lIon the tax map of th Borough of Carteret;
and
\VHEREAS, Excel Envirorunental Resources, Inc. possesses the requisite knowledge,
training, experience and professional license to provide said service ; and has submitted a
proposal to provide said services at a rate not to exceed a total amou tal' $5,320.00; and
WHEREAS, the Chief Financial Officer has certified that funds a e or will be available
for said purpose.
I. The proposal from Excel Enviromnental Resource, Inc. for professional
environ111ental services to conduct a Preliminary Assessment (P A) ith regard to property
located 35 Cooke Avenue, Carteret, Block 202, Lots 9, 10 & 11 on the tax map of the
Borough of Carteret at a rate not to exceed $5,320.00 is hereby appr ved.
the Council of the
Hows;
NOW, THEREFORE, BE IT RESOLVED by the Mayor an
Borough ofCarleret, County of Middlesex, State of New Jersey, as
2. This award is made as a professional services contra t pursuant to NJ.S.A
40A:II-5(1)(a), and pursuant to a "fair and open" process and shall be advertised as
required by law.
3. A copy of this Resolution to be forwarded to the Borough's Purchasing
Department and Excel Envirotunental Resources, Inc.
Adopted tillS 21" day of No ember, 2006
And certified as a true cop of the
Original on November 22, 06.
LINDA A. RIVERA
Assistant Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO I'!V A.H. COUNCILMAN YES NO I'!V A.B.
BELLINO X
DIAZ
KRUM X
x" Indicat~ Vote AD· Abse.nt NV - No! Voting XOR -Indicates ote to Overrule Veto
Adopted at a meeting of the MunICIpal Council
20º-º--
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CLERK
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MIDDLESEX COUNTY
þ1 e [u :D enw,;;
OFFlCE OF
It:r(THLEEN M. BARNEY, RMCICMC
MUNICIPAL CLERK
TEL (734541-3800
FAX (732,; 541-8925
61 COOKE AVENUE
CARTERET, NEW JERSEY 07008
Oat
November 21, 2006
TO: Patrick J. DeBlasio, Treasurer
Borough of Carteret
REQUEST FOR CERTIFICA TION OF A V AILABLE FUNDS:
For: PROFESSIONAL SERVICES CONTRACT
ENVIRONMENTAL SERVICES_ PRELIMARY T RE: 35 COOKE AVENUE
Name of Account: ENVIRONMENTAL RESOURCES, I
AMOUNT TO BE ENCUMBERED: Not to exceed: $5,320.00
Resolution #06-307
,
KAT EEN M BARNEY,
Mun'cipal Clerk
CERTIFICA TION OF AVAILABILITY
F FUNDS
I, Treasurer of the Borough of Carteret, do hereby certify that there ar
budget to enable the Municipal Council to auth'orize the entering into a c
a:~d
sufficient funds available in the current
ntract between the Borough of Carteret
J' (
'(ce....( e¡-JV,tLo~~.v( !-",:!o'-/tUL
The funds available for this contract are in the Budget, in the account of
¿ - o"l - 05- t'b7 -7-~1
in the amount of:
'Š )..?, c>'?
By this certification, I have hereby encumbered the above named aCCQun
Date 1/ /).-,121"
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BOROUGH OF CARTER T
20 COOKE A VENUE
CARTERET, NEW JERSEY
THIS AGREEMENT: made this 21 st of November 006
By and between: Excel Environmental Resources
825 George St., Second Floor
New Brunswick, NJ 08902
And the Borou!!h of Carterct, a municipal corporation, hav ng its Principal office at the
Borough Hall, 61 Cooke Avenue, Carteret, New Jersey.
As per Resolution Number 06-307.
THE CONTRACTOR does hereby agree to perfonn the fo lowing:
PROFESSIONAL ENVIRONMENTAL SERVICES TO C NDUCT A PRELIMINARY
ASESSMENT WITH REGARD TO PROPERTY 35 COO E AVE., CARTERET, NJ.
NOT TO EXCEED $5,320.00
According to the terns set forth in the Resolultion.
THE BOROUGH does hereby agree to pay the Contractor the sum set forth in
Resolution.
IN WITNESS WHEREOF, the parties hereto have hereunde set their hands and seals or
caused these presents to be signed by their proper corporate fticers and their corporate
seals to be hereto affixed, the day and year written above.
BY:
Da iel J. Reiman
Mayor
WITNESSETH BY:
For the Corporation:
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TITLE:
BOROUGH OF CARTERET
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Kathleen M. Barney
Municipal Clerk
.l~(CEL
= Environrnental
== Resources, Inc.
November 3, 2006
Daniel J. Reiman, Mayor
Borough of Carteret
Municipal Building
61 Cooke Avenue
Carteret, New Jersey 07008
Re: Technical and Cost Proposal
Preliminary Assessment
Property located at 35 Cooke Avenue
Block 202, Lots 9, 10 an 11
Carteret, New Jersey
Excel Proposal No. P06827
Dear Mayor Reiman:
'7
BY FEDEX
µT :Þ ~ce~d
# S-,s2ð,~
Excel Environmental Resources, Inc. (Excel) is pleased to submit his letter proposal for a Preliminary
Assessment (PA) for the above-referenced property located at 35 Coke Avenue in Carteret, New Jersey
(hereafter referred to the subject property). The PA will be condu ted to meet or exceed the minimum
requirements for a PA as specified in N.J.A.C. 7:26E, the Technica Requirements for Site Remediation
(hereafter referred to as the Technical Rules).
The objective of the PA is to identifY recognized environ ental conditions and/or potential
environmental areas of concern (AOCs) associated with the current and/or past operations at the subject
property. It is our understanding that the property was formerly i entified as Carteret Discount Auto
Parts and is currently vacant, containing an unfinished steel frame uilding with a poured concrete slab
basement floor that has been abandoned since approximately 20 2. Additionally, two underground
storage tank cases have been closed and designated with a No Furt er Action status by the New Jersey
Department of Environmental Protection (NJDEP). Note that, to th extent possible, the potential for an
environmental concern associated with radon, asbestos-containing ateria]s (ACM), and/or lead-based
paint (LBP) will also be evaluated as part of the PA.
INTRODUCTION
The following summarizes the proposed scope of work for implem ntation of the P A. A detailed Cost
Estimate is provided as Attachment A:
Task 1.0:
Historic Document Review
In accordance with the Technical Rules and ASTM requirements fì r a due diligent inquiry, Excel will
complete the following:
K:\DatalProposalsIP06827IProposal Final. doc
825 Georges Road' Second Floor' North Brunswick, New Jersey 08902 . (732) 545-9525
FAX (732) 545-9425 . E-MAil: info(¿¡)excelenvcom
o
· EXCEL
= Environmental
= Resources, Inc.
Daniel J. Reiman, Mayor
November 2, 2006
Page 2 of 5
I. Available current and/or historic drawings and/or site pi ns as necessary for Excel to develop
a site map;
H. Any existing environmental reports; and
HI. A complete summary of property ownership and tenan history (including name of owner,
years of operation at the property, and description of ope ations as applicable).
b. Review the findings of a Title and Deed search, including Cha n of Title information. Note that in
accordance with Technical Rules, ownership history must dat from when the land was naturally
vegetated or fannland and tenant history must be provided bac to at least 1983.
c. In addition to the information you provide, Excel will acquire and review the results of a Federal
and State environmental database search for the subject p operty and surrounding properties
including, but not limited to: NPL, CERCLlS, LUST, UST, CRIS TSD, RCRIS-SQG, RCRIS-
LQG, ERNS, SHWS, SWF/LF, FINDS, TSCA, NJ MAJOR NJ SPILLS, NJ RELEASE. This
review is intended to further identify recognized environment I conditions and/or potential AOCs
and to obtain information regarding any reported spills or ocumented violations at or in the
vicinity of the subject property.
d. A vailable Sanborn TM Fire Insurance Maps and historic aerial hotographs for the property will be
reviewed to confinn historic property use and to identify pot ntial AOCs and/or further evaluate
recognized environmental conditions.
e. The County and Municipal officials (including Health Depart ent, Building Department, and Fire
Department) will be contacted for identification of any reco ds of discharges or environmental
incidents associated with the subject property or the properties ithin the immediate vicinity of the
subject property.
f. A Freedom ofInformation Act (FOlA) request will be submitt d to the New Jersey Department of
Environmental Protection (NJDEP) to identify any environ ental records associated with the
subject property. If files are located by the NJDEP, a file revi w may be warranted. Note that, in
accordance with New Jersey's Open Public Records Act, a r sponse from the NJDEP should be
received within seven days of the request. If a response is no received from the NJDEP prior to
finalization of the P A Report, Excel will forward any pertinen infonnation as an addendum to the
report.
Task 2.0:
Site Inspection and Interviews
In accordance with the Technical Rules, Excel will conduct a site i spection of the subject property to
identify and further evaluate any potential AOCs and/or recognized nvironmental conditions related to
current or past site uses or operations. Infonnation obtained rom the review of any previous
environmental reports, the environmental database search, and the regulatory records will be used to
focus and guide the site inspection. The site inspection will be focus d on verification of potential AOCs
and/or recognized environmental conditions identified through h storie records review as well as
identification of any additional issues and/or AOCs to determine if a y further investigation is warranted
as part of a Site Investigation.
K: IData',Proposals IP0682 71P roposal Final. doc
.:)
· EXCEL
= Environmental
= Resources, Inc.
Daniel J. Reiman, Mayor
November 2, 2006
Page 3 of5
Note that access to the entire subject property, inclusive of all inte ior spaces (e.g., all rooms, offices,
storage areas, etc.), is required at the time of the site inspection. Th level of effort for the P A assumes
that access to all interior spaces will be obtained on the day of the sit inspection and that a follow up site
visit will not be required. Note also that a knowledgeable represent tive of the property owner who has
in-depth knowledge of the site operations, property uses, and physica characteristics should be available
to answer questions at the time of the site inspection.
Task 3.0:
and Tec nical ConsuItin
Excel will tabulate the results of the environmental database searc es, summarize the findings of the
historic document review, ineluding aerial photograph and Sanborn M Fire Insurance Map review and
interpretation, and outline the findings of the site inspection for inel sion in a P A Report that will meet
Technical Rules requirements and ASTM. In addition to a dis ussion of potential AOCs and/or
recognized environmental conditions as defined by the Technical Ru es and ASTM, the PA Report will
contain an evaluation of the potential for radon, ACM, and/or LBP t be a current and/or future issue of
environmental concern on the subject property based on the findin s of the PA. The report will also
include recommendations for any additional evaluation and/or investi ation that may be warranted based
on the results of the PA, if any. As indicated in Attachment A, the co t estimate includes issuance of one
copy of the draft PA Report and three final copies.
TERMS AND CONDITIONS
The estimated not-to-exceed time-and-materials cost for completio of the P A for the subject property
is $5,320. The detailed Cost Estimate is provided in Attachment A. Should less time and/or effort be
required to complete the PA, Excel will only bill for the actual hours expended and costs incurred. We
will not exceed this cost estimate without advance written authorizatio in the form of a signed Extension
of Services or other acceptable documentation.
The work outlined in this proposal will be conducted in accordance with Excel's Standard Terms and
Conditions and labor rates provided as Attachment B. A s mple copy of Excel's General
Comprehensive, Professional, and Pollution Liability insurance ce ificate is available upon request.
Excel will invoice on a monthly basis and, as outlined in Attachmen B, our payment terms are Net 30
days from receipt of the invoice. Note that this proposal is valid for a period of 60 days from the date of
the proposal.
Note that the following infonnation is required prior to our initiation 0 the P A if available:
a. A representative with knowledge of the site operations an lor property history who will be
available by telephone prior to the site inspection and w 0 will be on site during the site
inspection to answer questions regarding the subject property
b. Available current and/or historic drawings, including a scaled site plan;
c. An outline of current and former tenant history, if applicable, ineluding the nature of operations
and years of operation; and
d. One copy of any existing environmental information, rep rts, permits, etc. pertinent to the
subject property and/or tenant operations, if applicable.
K:\DataIProposalsIP06827\Proposal Final. doc
o
· EXCEL
= Environmental
= Resources, Inc.
Daniel 1. Reiman, Mayor
November 2, 2006
Page 4 of5
Should the results of the PA indicate the potential for soil and/or groundwater contamination, a Site
Investigation may be warranted. Any additional inspections, sub urface investigation, or other Site
Investigation activity is beyond the scope of this proposal. If any a ditional work is warranted based on
the findings of the PA, Excel will outline specific recommendatio s for review with you and we will
design a scope of work and cost estimate for perfonnance of any a ditional assessment for your review
and consideration.
SCHEDULE
If this proposal is acceptable to you, please sign in the space indic ted and return a signed copy to our
office by fax as authorization to proceed. We are prepared to proc ed with the work immediately upon
receipt of written authorization to proceed. We are committed to c mpleting this project and delivering
the completed P A Report within a timely manner following authori tion to proceed. In the event that
Site Investigation work is warranted, that work scope will be pre ared as early in the P A process as
possible to enable that work to be conducted and completed so that t e final PA/Site Investigation Report
can be delivered in the shortest possible timeframe.
Thank you for the opportunity to assist you with this project and pI ase feel free to contact me at (732)
545-9525 if you have any questions on this proposal or if you need a y additional infonnation.
Sincerely,
EXCEL ENVIRONMENTAL RESOURCES, INC.
æ4Z:~/
Ronald A. Harwood
Vice President
Attachments A & B
K. \ÐalalProposalslP0682 7\Proposal Final. doc
...
'I
· EXCEL
= Environmental
= Resources, Inc.
Daniel 1. Reiman, Mayor
November 2,2006
Page 5 of5
EXCEL IS AUTHORIZED TO PROCEED WITH EXCEL ROPOSAL NO. P06827
DATED NOVEMBER 3, 2006 (INCLUSIVE OF ALL ATT CHMENTS):
Date
//- f-¿J6
K: IDatalProposalslP0682 7\Proposal Fmal.doc
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\,1
Attachment A
Detailed Cost Estimate
ATTACHMENT A
PRELIMINARY ASSESSMEN
COST ESTIMATE
35 Cooke Avenue
Carteret, New Jersey
Task 1.0 Historic Document Review
Includes acquisition and review of historic documents, enviro mental database search, Sanborn TM
Maps, and aerial photographs as well as review of the Title and D ed search (provided by Borough) and
preparation of FOIA letters.
Labor:
Staff Geologist/Scientist II
Administrative Assistant
16.0 hour @
2,0 hour @
Materials:
$75.00
$65.00
Labor Total
EDR Database Search, including aerials, historic tapa raphic maps,
and McRae's Directory
Title Search (provided by Borough)
Materials Total
Task 1.0 Total
$1,200.00
$ I 30.00
$1,330.00
$390.00
$0.00
$390.00
$1,720.00
Task 2.0 Site Inspection and Interviews
Includes a thorough site inspection of the property located at 35 C ke Avenue in Carteret, New Jersey,
interviews with key personnel knowledgeable about current an past site operations, and visit to
municipal offices,
Labor:
Staff Environmental Scientist II
Travel:
1 Field Vehicle
I day@
Task 3.0
$75.00
Labor Total
$75.00
Travel Total
Task 2.0 Total
$600.00
$600.00
$75.00
$75.00
$675.00
Data Interpretatiou, Report Preparation, and Technical Consul 'ug
Includes interpretation of the findings of the historic document revi wand preparation of a Preliminary
Assessment Report.
Labor:
Sr. Project Manager
Project Manager I
Staff Geologist/Scientist II
Administrative Assistant
2.0 hours
4.0 hours
24.0 hours
2.0 hours
$125.00
$105.00
$75.00
$65.00
Labor Total
Report Preparation Materials:
Drafting
Document Prep., Reproduction, and Distribution (3 copi
Report Preparatio Materials Total
Preliminary As essment Total
Task 3.0 Total
K: IData lPropnsalslP0682 7-CookeA veCarteretlPacosl
$250,00
$420.00
$1,800.00
$130.00
$2,600.00
$250,00
$75.00
$325.00
$2,925.00
$5,320.00
Attachment B
Excel's Standard Terms and Conditions with abor Rate Schedule
!EXCEL
== Environmental
- Resources, Inc.
EXCEL ENVIRONMENTAL RES DRCES, INC.
STANDARD TERMS AND COND nONS
Effective September 1, 200
1. AGREEMENT - This agreement between Excel Environmental Resource, Inc. (Excel) and the client identified herein,
consisting of a proposal and Standard Terms and Conditions, constitutes the e tire understanding between the parties. The terms
of this agreement shall be deemed accepted by Client at the earlier of Exce 's initiation of Services at the verbal or written
direction of Client or Client's written agreement to be bound by these terms Any waiver modification or amendment of this
contract shall be effective only if in writing and signed by an authorized rep esentative by Excel. Excel hcrcby objects to any
terms contained in any prior or subsequent purchasc ordcrs, work orders, invoices, acknowledgement forms, requests for
proposals or other documcnts received from the Client that would otherwise have the effect of modifYing or abrogating thcsc
Standard Terms and Conditions in whole or in part. If any portion of th's contract is held invalid or unenforceable, any
remaining portion shall continue in full force and effect. Nothing herein hall be construed to give any rights or benefits
hereunder to anyone other than Client or Excel. There shall be no assign ent of the rights or obligations contained in this
contract by either party and any such assignment shall be null and void.
2.
TERMINA TION - Either party may terminate this Agreement by g¡VIO
Termination of this Agreement or the Services for any reason shall not affect
limitations of liability contained herein. The construction, interpretation and
relating thereto, shall be govemed by the laws of the State of New Jersey.
the other party ten (10) days written notice.
r minimize the respective rights, obligations and
rformance of this Agreement and all transactions
3. CHANGES - This Agreement may be modified with the mutual consent of oth parties, All changes must be made in writing
and must bc signed by the Client and Excel. Notwithstanding any other provi'ions of the Agreement to the contrary, Excel shall
be entitled to additional compensation for work in the event that Excel experi nces any increases in costs due to changes in the
scope of work dcfined in Excel's original proposal, or for additional work equested by client, or changes in the manner or
method of performance of work, or due to changcs in schedule or circumst ces not solely caused by Excel. Excel shall be
compensated for all such additional work either (I) as previously agreed in w iting by the parties; or (2) on a time and materials
basis in accordance with Excel's then current standard commercial rates.
4, ACCESS - Client grants or shall obtain for Excel and its subcontractors, a thority to enter the property upon which Excel's
Services are to be performed (Site), at Client's expense.
5. CLIENT INFORMATION - Client must provide Excel with all availabl information pertinent to the project, including
previous reports, and/or any other information necessary to complete the scopc of work defined in the proposal. Client
understands that Excel is relying upon the completeness and accuracy of i formation supplied to it by Client and others in
connection with the scope of work without independent verification. Clie t agrees to advisc Excel of the existence of any
hazardous substances, wastes or conditions affecting the Site or the scope of w rk to be performed hereunder.
6. STANDARD OF SERVICES AND WARRANTY - Excel agrees to perfo its services in accordance with generally acceptcd
engineering and construction standards, and scientific practices in effect and ilized by environmental firms in the United States
at the time the Services are rendered. The Services may involve the use oftes s, calculations, analysis and procedures, which arc
in a state of change and refinement. Client recognizes that projects invo ving hazardous waste sites may not perform as
anticipated even though the Services are performed in accordance with th required level of care. Given the difficulty in
predicting thc environmental condition of a site based upon limited sampling d investigative activity, client rccognizes that any
statements, opinions and conclusions contained in reports and other document prepared and/or issued by Excel are only meant to
give approximations of the environmental conditions of thc Site limited to t e particular contaminant(s) and/or environmental
issues actually targeted by Excel's investigation and the portions of the Site actually investigated, sampled or tested by Excel.
Subject to Section 17, Excel warrants that, if any of its completed Scrvices fail to conform to the above standard, Excel will, at its
expense and provided Excel is notified of such defective Services within ne year of the completion of the Services, either
perform corrective Services of the type originally performed as may be requ red to correct such defective Services or refund to
Client the amount paid to Excel for the defective Services. Except as provi ed in this section, Excel makes no other warranty
express or implied, and shall have no other liability to Client for defcct ve Services, whether caused by crror, omission,
negligence or otherwise.
7, CONFIDENTIAL AND PROPRIETARY INFORMATION - Excel wi I use its bcst efforts to protect confidential and
propricty information developed or provided by client during performance 0 the scope of work. "Confidential and Proprietary
Information" means all tcchnical, economic, financial, markcting or other in ormation that has not been published and/or is not
otherwisc availahle to members of the public.
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-EXCEL
-E .
= nVlronmental
- Resources, Inc.
8. PROMOTIONAL MATERIALS - Client agrees that Excel may use and pu lish Client's name and a general description of the
Services provided to Client in describing Excel's experience and qualificat ons to other clients and potential clients, unless
otherwise requested by Client not to do so.
9. WORK PRODUCTS - "Work Products" consist of all reports, notes, labor tory test data and other infonnation prepared by
Excel for delivery to Client. Client shall have the right to make and retain c pies and use all Work Products, Use of the work
product shall be limited to the particular Site and/or project for which the War Product is provided. Client may relcase the Work
Product to third parties at its sole risk and discretion; however, Excel shall not e liable for any claims or damages resulting from
or connected with such releasc or any third party's use of the Work Produ t. Client shall indemnifY, defend and hold Excel
harmless from any and all such claims or damages resulting tram releasc ofthe work product to third parties.
10. INSURANCE COVERAGE - For purposes of performing the scope of work Excel shall maintain Workers Compensation and
Employer's Liability insurance in accordance with requirements of the st te in which the Services are being performed,
Commercial General Liability insurance with a combined single limit of 5,000,000 per occurrence for bodily injury and
property damage, Automobile Liability insurance including owned and hired v hicles with a combined single limit of $2,000,000
per occurrence for bodily injury and property damage, and Professional L'ability (errors and omissions) insurance with a
combined single limit of $5,000,000 per occurrence.
I]. INDEMNITY BY EXCEL - Excel shall indemnifY, defend and hold hannle s Client, its officers, directors, agents, employees
and affiliated and parent companies against claims, demands and causes of a tion of third parties (including attorneys fees and
costs of defense) for personal injury, disease or death, and damage ofprope arising during the performance of Services to the
extent caused by the negligence or willful misconduct of Excel. Excel's aggr gate liability under the above indemnity shall not
exceed the recoveries under the types and limits of insurance set forth in Ite 10 of this contract and Client agrees to release,
defend and indemnify Excel from and against all further liability under the abo e indemnity arising from such Services.
12. REMEDIES - Neither party, nor their parent, affiliate or subsidiary companie " nor the officers, directors, agents, employees or
contractors of any of the foregoing, shall be liable to the other in any action claim for incidental, indirect, special, collateral,
consequential, exemplary or punitive damages arising out of or related to t e Services, including without limitation, loss of
profits, loss of opportunity, loss of production, or loss of use. Any protecti n or limitation against liability for any losses or
damages afforded any individual or entity by these General Conditions shal apply whether the action in which recovery of
damages is sought is based upon contract, tort (including, to the greatest ext t permitted by law the sole, concurrent or other
negligence, whether active or passive, and strict liability of any protectcd indivi ual or entity), statute or othcrwise. To the extent
pennitted by law, any statutory remedies inconsistent with these tenns are waiv d.
13. ENVIRONMENTAL CONDITIONS - Client shall provide (or cause the S te owner to provide) Excel with the identity and
location of all subsurface facilities and obstructions on the site. Client a rees to waive any claims against Excel and to
indemnifY, defend and hold Excel harmless from any claims, demands or caus s of action for damages to subsurface facilities or
obstructions that are not accurately identified or located by Client or others. Client assumes responsibility for air, subsurface
and/or ground pollution and environmental impairment from toxic substances 0 hazardous materials existing at the Site and shall
indemnifY and defend Excel trom any claims, demands and causes of action I' third parties related thereto, except where such
claims, demands and causcs of action are caused by the sole negligence or will I misconduct of Excel.
14. INDEPENDENT CONTRACTOR - All of Excel's Services will be perfonne as an independent contractor.
15. SUBCONTRACTORS - Excel may use one or more subcontractors, a necessary, to complete the Scope of Work.
Subcontractors used by Excel to conduct various field related activities have r ceived all required Hazardous Materials Workers
training and annual updates as required under OSHA. Laboratories subcont acted by Excel have appropriate StatelN ational
certifications required for the analytical services to be provided.
The Client may elect to contract directly with a contractor or subcontractor, d will be solely and completely responsible for
charges and costs incurred by the contractor or subcontractor. Excel assumes t e contractors or subcontractors hired directly by
the Client has all required OSHA training and certifications. Excel reserves the right to refuse to work with any contractor and/or
subcontractor hired by the Client, that in Excel's opinion is not qualified or p operly certified to perform the work for which it
has been engaged to complete. Client shall indemnifY and hold harmless Excel tram any and all claims, demands, damages, and
liability resulting from the activities of any contractor, subcontractor, emplo ee, and/or agent the Client cngages directly to
perfonn services directly related to the Scope of Work covered by this Agreem nt.
16. FORCE MAJEURE - Excel shall have no liability for any failure to perfonn r delay in perfonnanee of the Services caused by
circumstances beyond its reasonable control, including, but not limited to st 'kes, riots, wars, floods, fires, explosion, acts of
nature, acts of govemment, labor disturbances, delays in transportation or inabi ity to obtain material or equipment.
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IEXCEL
= Environmental
- Resources, Inc.
17. LIMIT A nON OF LIABILITY - Except as provided in Section I I of this ontract and to the greatcst extent allowed by law,
Client agrees that Excel's aggregate liability to Client and others for any an all injuries, claims, demands, losses, expenses or
damages, of whatever kind or character, arising out of or in any way related t this Agreement, the Serviccs provided or the Site,
shall be to the lesser of $50,000 or the total amount of compensation rcceived by Excel hereunder. The parties agree that in any
dispute over the terms of this Agreement or any issues arising under this Agre ment, they will makc a good faith effort to resolve
the matter without litigation. Pending the outcome of such dispute resolution, both parties shall take immediate steps to mitigatc
any damagcs. Until such time as the dispute is resolved, Excel reserves the ri ht to suspend its Scrvices and notify the Client of
such in a timely manner.
18. OWNERSHIP OF WASTE - In no event shall Excel take title to or be liabl for disposal or remediation costs associated with
Pre-Existing Wastes or wastes generated as a result of the scope of work. "Pre-Existing Waste" is any hazardous or non-
hazardous wastes, substances or materials existing on the Site prior to the ate that the Scope of Work is initiated. Wastes
generated as a result of the scope of work may include, but not be limitcd to, contaminated soils, water, or sediments; used
personal protective equipment; investigation derived wastes; oils and at er products recovered tram the subsurface by
remediation systems; and spill containment and control materials. Upon rcqu 't, Excel shall assist Client in the proper handling,
storage, transportation and/or disposal of Pre-Existing Waste and waste genera ed as a result of the Scope of Work, in accordance
with aH applicable federal state and local laws and rcgulations, Client shall ign all required manifests, disposal contracts and
other documentation necessary to allow Excel to complete the Scope of Work in a timely manner. Client agrees to look solely to
the disposal facility and/or transportation concern for any damages arising fro improper transportation or disposal of waste.
19. BILLING RATES - Charges for all professional, technical and administra ive personnel assigned to complete the Scope of
Work will be calculated and billed in accordance with the Labor Rate Table p ovidcd as Attachment I to this Agreement. Labor
rates are inclusive of all applicable taxes, duties, fees and related charges, tri ge benefits, burden and fee. The Labor Rates are
based on a 40-hour work week. Overtime hours for exempt employccs (non- ourly) will be billed at the standard Labor Rates,
Overtime hours for non-exempt employees (hourly) will be billed 150%.
20. LInGA nON SUPPORT - In the event that Excel's employees are requeste by Client or compelled by subpoena or otherwise
by any party to give expert or witness testimony or otherwise participate in a udicial or administrative proceeding involving the
Client at any time, Client shall compensate Excel at 150% of the employee' billing rate, including preparation time, and shall
reimburse Excel for all out of pocket costs as provided herein.
21. RETAINER - Excel may require advance deposit of funds on specific proje ts based upon project cost estimates, Client credit
history, or Exccl's prior collection history with Client. In those instances, Ex el and the Clicnt will mutually provide terms for
the deposit of advance payments and provision for crediting such advances ag inst invoices for Services completed.
22. OTHER DIRECT COSTS - Other Direct Costs include subcontracts, mat rials, shipping charges, special fees, permit fees,
special insurance and licenses, and miscellaneous costs. Other Direct Costs will be invoiced at cost plus an eighteen percent
(18%) fec. All other internal expenses (reproduction, telephone, facsimile, etc) will be charged as a percentage oflabor cost, or
as quoted.
23. INVOICING AND PAYMENT - Invoices will be issued periodically (0 a quarterly basis at a minimum, monthly where
applicable) itemizing the staff categories, hours workcd, ratcs, and the Other irect Costs. Copies of supporting documentation
will be provided upon Client's request and at Client's expense. Original receip s will be available for review at Excel's office, but
will not be released. Payments are due at the address appearing on the invoic within thirty (30) days of invoice date. and Excel
reserves the right to apply a service fee of 1.5% per month to balances beyo d 30 days and to collect any fees associated with
collection of unpaid balances. In addition, Excel may, after giving seven ( ) days written notice to Client, suspend Services
without liability until thc Client has paid in full all amounts due Excel on a count of Services rendered and expenses incurred
including interest on past due invoices or terminate Services without liability. If there is a disputed amount on an invoice, Clicnt
agrees to pay all undisputed amounts in thc thirty (30) day period.
24. ESnMA TE OF COSTS AND SCHEDULES - Excel's estimate of costs nd schedule are for Client's budget and planning
assistance only. Cost and schedule estimates are based on Excel's bestjudg ent of the requirements known at thc timc of the
proposal and can be influenced favorably or adversely by Client needs and 0 cr circumstances. Excel will endeavor to perform
the Services and accomplish the objectives within the estimated costs and s hedule, but in no event shall Excel's estimate be
interpreted as a not-to-exceed or fixed price. Notwithstanding any other term to the contrary, Excel shall be entitled to a change
order for additional compcnsation or additional time to perform its work, in t e event that work outside the Scrvices is requested
or required to be performed by Excel, or in the event that the assumptions un erlying Excel's proposal prove to be different from
the facts actually encountered by Excel during the performance of the Service.
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-EXCEL
;; Environmental
IE Resources, Inc.
Principal...................................................................................................................... . $225. OO/Hour
Sr. Technical Consultant .............................. ................................ ............. ................... $1 75 .OO/Hour
Project Director/Sr. Project Engineer .......................................................................... $150.00/Hour
Sr. Project Manager ..................................................................................................... $1 25.00/Hour
Sr. Engineer /Sr. Geologist .......................................................................................... $1 15.00/Hour
Project Manager II ....................................................................................................... $115.00/Hour
Project Manager I......................................................................................................... $1 05 .OO/Hour
Remediation Site Manager ........ ... ................ ............................ ................... ............. ..... $95 .OO/Hour
Project Geo logi st/Scientist/Engineer 11.................................... ..................................... $95. OO/Hour
Project Geologist/ScientistlEngineer I..................................... ..................................... $85.00/Hour
Field Supervisor....................................................................... ..................................... $85 .OO/Hour
Staff Geologist/ScientistlEngineer IT ....................................... ..................................... $75.00/Hour
Staff Geologist/Scientist/Engineer 1 ........................................ ..................................... $65.00/Hour
Administrative Asst................................................................. ..................................... $65. OO/H our
B.
1. Outside services subcontracted by Excel, inclu ing subcontracted drilling and
analytical services, will be billed at cost plus 18 % to cover environmental
insurance and other surcharges.
2. Mileage will be billed from the Excel Environm ntal Resources office to the site
location at the IRS Standard mileage rate for busi esses of $0.445/mile for 2006.
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