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HomeMy WebLinkAboutItem 06.hAugust 4, 2010 Proposed Action Item No. Contract with Foth Infrastructure and Environment, LLC for Consulting Services for Range Cleanup, 225 and Cedar Avenue Staff recommends the following action: Move to enter into a contract with Foth Infrastructure and Environment, LLC to provide consulting and testing services and advise on work needed for cleanup of former police shooting range on property owned by the Metropolitan Airports Commission. Overview Property used as a police shooting range is now closed and lead mitigation is required. Foth Infrastructure and Environment, LLC will perform testing and provide the city with information about lead Levels and required work to mitigate lead from soil at the range site. Primary Issues to Consider • The work performed by Foth Infrastructure and Environment, LLC is necessary to provide the Metropolitan Airports Commission information on the condition of the property and steps taken to mitigate lead. • The Dakota County Sheriff's Department has agreed to pay half of the cost to hire Foth Infrastructure and Environment, LLC. Supporting Information • Contract with Foth Infrastructure and Environment, LLC and description of work performed. Thomas Vonhof, Chie f Police Financial Impact: $_8,200 Budgeted: YIN Source: Related Documents (CIP, ERP, etc.): Notes: Sergeant John Kornmann Lakeville Police Department 9237 183rd Street Lakeville, MN 55044 Dear Sergeant Kornmann: This letter is a follow up to our discussion regarding the evaluation by Fouth Infrastructure and Environment, LLC, of the cost for clean -up of the shared firearms range located on 225th Street in Eureka Township. As we discussed, the Dakota County Sheriff's Office will equally share the total cost of $8,200 for the complete evaluation of the site. The Sheriffs Office is committed to pay our share of $4,100 of the total cost. I ask that you submit an invoice for our share of the cost to my attention. If you have any questions, feel free to contact me. Sincerely David D. Bellows Dakota County Sheriff DDB /jle Office of the DAKOTA COUNTY SHERIFF DAVE BELLOWS, SHERIFF 1580 Highway 55 Post Office Box 247 Hastings, MN 55033 -0247 August 5, 2010 Phone: (651) 438 -4700 Emergency Dial 911 Fax: (65I) 438 -4709 Chief Deputy Sheriff Tim Leslie Commanders Wm. Blair Anderson John Grant THIS IS AN AGREEMENT made as of August 4, 2010 , between: Lakeville Police Det ai liuent, 9237 183 Street, Lakeville, MN 55044; hereinafter referred to as "OWNER" and Foth Infrastructure & Environment, LLC a Wisconsin corporation with its principal place of business in Green Say , Wisconsin, hereinafter referred to as "ENGINEER." WHEREAS the OWNER intends to contract with ENGINEER to provide Phase I and simplified Phase II investigation services hereinafter referred to as "PROJECT," and WHEREAS the ENGINEER has the necessary personnel and facilities to provide the professional services described and, WHEREAS the ENGINEER desires to contract with the OWNER for the purpose of rendering professional services for the PROJECT. NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, subject to the terms and conditions set forth below, on the reverse side, and/or attached hereof, the OWNER and the ENGINEER do hereby covenant and agree as follows: PART I - SERVICES Please reference our attached proposal to the Lakeville Police Department, Shooting Range Closure Consulting Services, Revised August 4, 2010, Section III, Scope of Services. Project 1 — Phase I ESA: • Task 1 — Records Review • Task 2 — Site Reconnaissance • Task 3 — Interviews + Task 4 -- Phase I ESA Report Project 2 — Phase II Investigation: AGREEMENT FOR PROFESSIONAL SERVICES (BETWEEN OWNER AND ENGINEER) + Task 1 — Prepare Investigation Work Plan • Task 2 — Collect. Soil Samples + Task 3 — Prepare Investigation Letter Report Project 3 — Stakeholder Meetings + Task I -- Project Meetings with Stakeholders PART II - COMPENSATION AN INITIAL PAYMENT OF Zero Dollars ($0) shall be made upon execution of this Agreement and credited to the OWNER's account at final payment. Fees for the services outlined in PART I of this agreement are as follows: K: \Contracts \Client ID \Lakeville Police Dcpariment\C- Agreement for Professional Services 8.4- 10.doc 1 Form RSK001, Rev, 10197 • Project 1— Phase I ESA — $3,500 total (fixed fee). • Project 2 — Phase II Investigation -- Time and materials using the attached Foth Infrastructure & Environment 2010 Standard Rates & Resource Charges; total cost estimated at $4,700. • Project 3 — Stakeholder Meeting to Present Results of Investigation -- Time and materials, as needed, Payments are due and payable thirty (30) days from the date of the ENGINEER's invoice. Amounts unpaid thirty (30 ) days after the invoice date shall bear interest at the rate of one percent (1 %) per month from invoice date. PART III - TIMETABLE ENGINEER anticipates completion of the Phase I ESA report within three weeks of authorization to proceed and fulfillment of the Owner Responsibilities outlined in our proposal to The Lakeville Police Department, Shooting Range Closure Consulting Services, Revised August 4, 2010, Section V. PART IV - SPECIAL CONDITIONS Exhibit I for Environmental Services is hereby incorporated into this agreement. Subject to the attached Standard Conditions of Agreement (Form RSK001, Rev. 10/97). IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and date first above written. FOR ENGINEER: Foth Infrastructure & Environment, LLC By: By: Name (Please print): Dale A. Tranter Title: Senior Client Manager B. Y: FOR OWNER: Title: Senior Protect Manager Title: Mayor Lakeville Police Department Name (Please print): Title: City of Lakeville By: Name (Please print): Kathleen M. Osborne, P.E. Name (Please print): Holly Dahl K:IContracts \Client IDILakeville Police Department\C- Agreement for Professional Services 8- 4- 10.doc 2 Form RSK001, Rev. 10/97 SECTION I .PESCRIPT1ON OF.SERJ17.S 1 1 General t E ENGINE,0R agrees to provide professional wirier for the PROJECT as more completely dcscrbed m this Agreement and in Addenda to this Agreement I I? ENGINEER agrees to proslde all professional services within a reasonable period of time following the due of authorization to proceed by O\VNER Fla special Imte schedule must be met for a PROJECT. it shall he specifically set forth by Addenda to this Agreement I 2 Pertaining To The ENGI NEER'S Seri rccs l 2 1 ENGINEER agrees to perform all services in a thorough and professional runner and to hold OWNER harmless from any hens for materials and labor furnished by ENGINEER in cannepsnn well his work 7 ENGINEER agrees to maintain insurance fur public liability. property damage. warknaats congacnsatton. and errors and omission foe services performed by ENGINEER on PROJECT The foregoing insurance shall cover ENGINEER only 1 2 3 ENGINEER intends to model bas scrstccs under this Aj rcemcnt an accordance wnh generally accepted professional practices SIT the intended use ofahe PROJECT and makes no warranty either capress or implied 1 2 4 ENGINEER reserves the i sghl CO enter intc agreements with other design prnfess101ta1s for portions of the work Included under this Agreement Where this subagrcement would represent a major polio. or the design work, ENGINEER dull receive approval oflaWNER for Ille subagrecmcnt 15 All documents including but not Monad w. draw logs. apenfrcacsons, electronic media. o` other more, runt.,hed by ENGINEER pursuant to tan Agreement. are the mstruntems of his services in respect to 'he PROIEC r' The ENGINEER grants to the OW°.1'p a rvrngsclusi.e license for OWNERS ure of the am-carmine on , he PROJECT They arc not :mended 01 represented to be amiable for reuse by OWair :R e• othc son enterer-ins of the PROJECT or op tray other project Any reuse without the specific written verification or adaptation by ENGINEER will lac at OWNERS sole risk and without liability or legal exposure to ENG(NEPR front all claims. damages, fasten and expenses. inalvdmg attorneys fees, arising out of or resulting therefrom Arty such verification. adaptation or reuse will entitle ENGINEER to further trenpensation to be agreed on by OWNER and ENGINEER 12 a When electronic data t to he furnished as a pan of this agreement aad'ot addendum. ENGINEER will not bc held liable for the completeness or correctness of the rlecuonac media after an acceptance period of 30 days from delivery date Hard copies of documents control aver any variances between electronic media and hard copy During the 30 day Acceptance Prod. any errors dcleticd or problems with the rrxdia used. will be careered by the ENGINEER as past of the basic. agreement Any changes requested after the Actteptiance Penod or a request for additional restored electrum files from archives will be considered additional scrstces to be performed on a time and materials basis as the ENGINEER'S standard cost plus temu and conditions The ENGINEER makes no warranty as 10 the compatibility of &iota files beyond that specified to this Agreement The ENGINEER will take reasonable precautions to prevcat the transmission of any sires. or other contamination with the exchange of electronic media, but the ENGINEER makes no assurances that those precautions are adequate to assure a cirntamit!ation free Iratismisnon 1 27 Whencser the OWNER elects to en1e1 Into any contract or agreement with any person or entity other than ENGINEER. for the performance of services on the PROJECT, ENGINEER win not be responsible for the nets or omissions of sort persons or pony at the see or otherwise perfennine such STANDARD CONDITIONS OF AGREEMENT sir ices This Includes those parties for whom the ENGINEER rs prosrdsng coordination Neither the ENGINEER'S authority to act under the Contrast Documents or under this Agreement nor any decision made by ENGINEER in good forth culler to exercise os not esercue such authority shall gee rise to any duty or responisbrluv iif ENGINEER to the above, or any of their agents or employees or any other person pet forming ivy set for 111t OWNER I 2 8 ENGINEER has not been retained or compensated to provide design and cpnsirucnan rases Srrlices relating to safely precautions or to means, Methods, techniques, scquenees or procedures, all as may tie required for any person or rattly other than the ENGINEER to perform their work, including but nor limited to shrimp, scaffolding endcrpmning. temporary rerainnment al escavatitrr0 and any eseettun otcthods or temporary bracing methods 1 29 ENGINEER m nu way andenakss to he responsrblc for any personal injury tar propcny damage occurring to any person or entity nosing out of the construction or subsequent operation of this PROJECT by an person ar entry unless some shall bc found to be the result of a design emu In spite of this if any claims shall he brought against ENGINEER of that ituu:rc, OWNER agrees to defend. Indemnify and hold harmless ENGINEER from all claims, damages and expenses including attorneys fees arising out of such claim. which claim. damages and expenses are MG result or attributable to the airs or ormaston5 m whole or in port of any person or entity other Ilan ENGINEER 1 2 10 Original documents. notes, and the lids except those fumnhed to ENGINEER by OWNER, represent the ENGINEER'S cunrulanvc kaosvledge and are. and stall rcmasn. the properly of ENGINEER and shall riot constitute the a product of this Agreement I 2 1 P 11 is hereby acknowledged that the ENGINEER has procured a professional liability insurance policy to ponces sa from certain claims, as more fully described therein OWNER shall indemnify ENGINEER against and hold ENGINEER harmless from all claims. damages and expenses including anomeyi fees arising oil of or +esuhusg from any claim not WS by ENG /NEER'a professional lsabtlny in511ranee pibcy, mcludeng such claims, damages and expenses which arm Sul of the acts or omittronr of ENGINEER OWNER shall also indemnify ENGINEER against and hold ENGINEER harmless from all claims. damages and expenses. including auomey's feet which arc beyond the liabday tnnits of ENGINEER's profcssrunal bablluy insurance policy, including such claims, damages and expenses which arise out of the act or omissions of ENGINEER Notwithstanding the obove. ENGINEER and OWNER hereby acknowledge that ENGINEER'S professional liability insurance policy dots mot. nor does any other too:ranee policy reasonably obNasnabte by ENGINEER. protect ENGINEER from any claims. damages and expenses. including attorney's fees. arising out or or resulting from the ENGINEER's acts or amis01nn5 rclanag 10 the investigation. deduction. abatement, materials or processes containing asbestos Accordingly. I15VNER agrees not to bring any claim oboisorvrr against ENGINEER, Its prsncipnls, employees. agents and consultants if such work in any way involves the ENGINEER's sem ices for the mvestrgatson of or remedial work related to asbestos to the PROJECT OWNER shall indcmmfy ENGINEER against and hokt ENGINEER harmless from all clams. damages and capenssn. including attorney's fees, arising out of or resulting room such acts or amissioars 13 Pertaining To The Oevncr 13 1 OWNER shall provide al OWNER'S expenses (nnleas ENGINEER has specifically ineludcd then) in Addenda to this Agreement) and m such a manner that ENGINEER may rely upon them in the performance of his scr ccs under this Agreement. all criteria. design. and curutrucron standards including Tull information as to OW'NER'S K:1Contracts \Client IDSLakevitic Poke Department \C-Agr eement for Professional Services 8- 4- i0.doc requirements for the PROJECT including aA doeumcnl specifications Such information new include but unt be horned to a A complete surrey of the PROJECT site which shall include but not be inured to momenta, tight -of :way. encroachmenes zoning and deed restriettom, canting buildings and improvements U Sods data. laboratory tests, repots and inspections of u:nples. materials or oilier items. with appropriate professional mteryresations o Legal. accounting. financial and 1nsorancc counseling services necessary for the PROJECT including legal mane°, of the ConstntctIon Cooract Documents d Permits and approvals Dom any aunsorilies hasmg jurisdiction over the PROJECT 13 1 Designate a person authorized to sir as OWNER'S rcpresentmn :e OWNER or hn representative shall receoso and examine documents submitted by ENGINEER and shall be empowered to interpret and drfmc OWNER'S policies and render decisions and autbonrutons in writing promptly to prevent unseasonable delay in the progress of ENGINEER'S services 1 3 3 Guaramre fun and rice access for ENGINEER to enter upon all property required for the performance of ENGINEER's services under this Agreement 1 3 4 Cove prompt written notice to ENGINEER whenever OWNER observes nr otherwise becomes aware of any defect in the PROJECT or other went c'hrch inay substamnally aided ENGINEER's prfxnnace of sem tees under this Agreement SECTION 2 COMPENSAiION FIER,S.ERVICl General 2 1 1 OWNER shall compensate ENGINEER for serfeen rendered under this Agreement The method of compensation for said services shall be as set forth to Addenda this Agreement Payments for Services .air due when mooned based on actual engineering services futnisbed unless another schedule of payments is ag reed upon, by Addenda 7 1 3 Where OWNER disputes some poison of the chutes contained so ENGINEERS bill for seriiccs. arc shall nuke payment of dial portion of rho bill which is undrsputtd and shall notify ENGINEER an writing of the reason for his dispute In no case may OWNER elect to withhold payment to INGINEER of the entire amount due This would constitute a failure to make payment 2 l 4 If OWNER fails to woks any payment due ENGINEER for scrum and expenses nficr :ampt of ENGINEER'S bin therefore. the amounts due ENGINEER shall bear interest horn Imtlace date at the rare set forth in this agrecmem, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the ENGINEER In addition ENGINEER may. ater giving tin 00) days written noire to OWNER. suspend stn ices under this agreement until paid in full all amounts due under this agreement In the eerm OWNER does not pay, or dyes not pay timely, ENGINEER shall be entitled to collect from OWNER all amounts dice pins expenses, including but not limited to attorney fees, incurred by Mc ENGINEER in connection with collection cffons. in addition, the reasonable value of ENGINEER'S time spent in coImottion with collection efforts. computed at the ENGINEER'S prevailing fee schedule SECTION 3 GENERAL P110ViSiONS 31 General 3 1 I This Agreement as the result of final neguuarcsss between OWNER and ENGINEER and represents the ensue and integated agreement between OWNER and ENGINEER for the PROJECT and supersrskcs all prior ncgetlations. represcmataans 05 agreement, either written or oral This Agreement may be atucnded only by written instrument signed by broth OWNER and ENGINEER 3r''_ Neither party shall hold the other respornsble for damages or delay in performance by acts of Gad. strikes, Ioekolns. atodents nr other evcros beyond the reasonable control of the other or the other's agents Hoverer, when these delays require additional work 1.1 be performed by ENCGINEER. ENGINEER shall be entitled to additional eunyicnsaron at the prevaihng "Per Dim Rates' or as uthcrwue agreed to between OWNER and ENGINEER 3 1 3 ilos Agreement may he terminated by tither party if the other party fads to fulfill its obligations under this Agreement through nu fault of the tntrnnatmg pony No such termination may he effected unless the other party rs green not Less than ten calendar days written nstrcc of tmont to terminate and an opponunily fir correcting the default and for corrsultatio7 with the serrtunarmg parry before termination In addition. OWNER may trrminare this Agreement. in whole ar in pan. for cause (such as for legal or lnancral reasons, or major changes in the work or program regalrenientsy, and ENGINEER is guru not less than ten 110f cakndar days venom notice and an opportunity for cansultmron before Irnainulron If OWNER terminates as a result of ENGINEER'S default. any payment due ENGINEER at the time of temunatian may be adjusted to rho extent or any addilluntl cost the OWNER incurs due to ENGfNEERS default If ENGINEER termtneles es a result or OWNER default or the OWNER terminates for cause, ENGINEI'Jt shall be paid for retirees performed to the sctninutiun date including tcimbossablc expenses due plus termination expenses Trrmmation expenses are defined as expenses direct!, attributable re termination. plus I5% of the total corlgacnsationanrempated for the project to account 1,5 engrrecong rescheduling. adjustment, reassignment of personnel and related indirect gusts incurred due to tem :moron 1170115 receipt of the terminating action ENGINEER shall promptly disr:nnlmue au services unless the notice directs otherwise, reel upon recent of final compensation make availalir ro OWNER an appropriate documents prepared under the Agrremenr whether completed or in pros; ss 3 1 4 All claims. counter - claims. disputes and other matters in qucsrsn between the parties hereto arising out of this Agreement shaIl be decoded by ar1nra5mon tin accordance w•th the Cnrnlmcton Industry Arbivatron Rules of the American Arbitration Association subject to the condition that the amount sought by the party initiating arbitration shall be less than 525,000 the sacchanics of Maiming at picking arbitrators and setting up the hcoring shall be conducted In accordance with the rules ofthc American Arbitration Association This arbitration provision shall rxt be applicable to claims where the presence of a party. who 15 not subject to this Agreement. would be necessary to a full and complete determination oldie controversy, and m this respect, reference shaft be trade to she prao ssa ss of Section s03 03 of the Wisconsin Statutes and tar cases decided thereunder No demand for a dam - Jahn shall bo valid If made after the institution or civil sail or after the matter in question woatd he bored by the applicable Statute of Limitations 315 The parties to this agreement, each acknowledging that he has a constitutional and statutory right to trial by jury. hereby waive this right in any action or proceeding of nay kmd or nature in any eosin to which they may loath he parties arising out of This Agsry ant or the transaction associated asith this Agreement regardless or the nature of the eaten of action alleged 3 1 Unless othemsnse specified within this Agreement, this Agrcrmert shall be goscrned by t law ofthc principal place ofbusmess of ENGINEER 3 1 7 In the event any provisions of the Agreement or any subsequent Addendum shall be held to he invalid and unenforceable. the remaining provisions shall bo valid and binding upon she parties One or tamer waivers by mbar pit) orally pmvnron. term condition or covenant shall act be construed by the other party as a waiver of a sutrirquern breach of the same by the other party 3 Form RSKOOiI, Rev. 10197 4. I RIGHT OF ENTRY 4.1.1. The Owner will provide for right of entry of Engineer's personnel, Engineer's consultants, and subcontractors and all necessary equipment, in order to complete the work. While Engineer will lake reasonable precautions to minimize damage to property, it is agreed that in the normal course of work, some damage will occur. Owner shall be responsible to repair or correct such damage. 4.2. PROJECT SITE 4.2.1. In the prosecution of Engineer's work, Engineer will take reasonable precautions to avoid damage or injury to subterranean structures or utilities. The Owner agrees to hold Engineer harmless for any damage to subterranean structures or utilities which are not called to the Engineer's attention and correctly shown on plans furnished to Engineer. Engineer shall backlit! all borings or excavations on completion of his work. Settlement of the backfi II may occur and the Owner shall be responsible for filling holes as required. Engineer shall not be responsible for any such settlement. 4.2.2. Owner willmake available to Engineer all information readily available to Owner regarding existing and proposed conditions of the site which will aid the Engineer in his investigation. The information shall include, but not be limited to plot plans, topographic surveys, hydrologic data, subterranean structures and utilities, and previous soil data including borings, field or laboratory tests, and written reports. Owner will immediately transmit to Engineer any new information which becomes available or any change in plans. Engineer shall not be liable to Owner for any incorrect advice, judgement or decision based on any inaccurate information furnished by Owner, his agents or his other consultants, and Otimer will indemnify Engineer against claims, demands or liability to the extent arising out of or contributed to by such information. Engineer shall be entitled to rely upon all such information without re- performing any of the environmental/ geotechnical work reflected in any reports, data or information so famished and Owner warrants the accuracy and suitability of same. 4.2.3. Owner recognizes that commonly used exploration methods such as drilling bore holes and excavating trenches involve inherent risk of injury or damage which cannot be avoided. Exploration methods may penetrate through an aquifer of contaminated fluid which may result in contamination of groundwater systems and wells. While backtilling and grouting are intended to provide seals against ongoing contamination, it is recognized that such seals may be imperfect. In recognition of the inherent risks of injury and damage to persons and the environment, the Owner agrees to hold harmless EXHIBIT I FOR ENVIRONMENTAL SERVICES and indemnify Engineer for any claim whatsoever by Owner or third parties arising out of drilling, trenching, or related activities, including but riot limited to attempts to backfill or grout trenches and borings. 4.3. SAMPLE HANDLING AND RETENTION 4.3.1. Generally, test samples or specimens are consumed or substantially altered during the conduct of tests and Engineer, at Engineer's sole discretion will dispose (subject to the following) of any remaining residue immediately upon completion of tests. A. NON- HAZARDOUS SAMPLES. At Owner's written request, Engineer will maintain preservable test samples and specimens or the residue therefrom for 30 days after submission of Engineer's report, free of storage charges. After the initial 30 days and upon written request, Engineer will retain test specimens or samples for a mutually acceptable storage charge and period of time. Owner agrees that it will not hold Engineer responsible or liable for any Toss of test specimens or samples retained in storage. B.HAZARDOUS OR. POTENTIALLY HAZARDOUS SAMPLES. In the event that samples contain substances or constituents hazardous or detrimental to health, safety or the environment as defined by federal, state or local statutes, regulations, or ordinances, Engineer will, after completion of testing and at Owner's expense, (i) return such samples to Owner, or (ii) using a manifest signed by Owner as generator, Engineer will have such samples transported to a location selected by Owner for final disposal, Owner agrees to pay all costs associated with the storage, transport, and disposal of samples, Owner recognizes and agrees that Engineer is acting as a bailee and at no time assumes title to said waste. 4.4. HAZARDOUS SUBSTANCES AND CONSTITUENTS 4.4.1. Owner agrees to advise Engineer upon execution of this Agreement of any hazardous substances or any condition existing in, on ornear the site presenting a potential danger to human health, the environment or equipment of which Owner has knowledge, information or belief. Owner agrees to provide to Engineer immediately and on a continuing basis any such information subsequently available to Owner. Engineer does not assume control of orresponsibility for the site or the person in charge of the site, or undertake responsibility for reporting to any federal, state or local public agencies any conditions at the site that may present a potential danger to public health, safety or the environment. Owner does hereby agree to assume such control and responsibility, and further agrees to notify the appropriate federal, state or local public agencies as required by law or otherwise to disclose, in a timely manner, any information that may be necessary to prevent any danger to health, safety or the environment. In connection with hazardous waste, Owner agrees to the maximum extent permitted by law to defend, hold harmless and indemnify Engineer from and against any and all claims and liabilities resulting from: (a) Owner's violation of any federal, state or local statute, regulation or ordinance relating to the disposal of hazardous substances or constituents; (b) Owner's undertaking of or arrangement for the handling, removal, treatment, storage, transportation or disposal of hazardous substances or constituents found or identified at the site. (c) Changed conditions or hazardous substances or constituents introduced at the site by Owner or third persons before, during or after the completion of services herein; (d) Allegations that Engineer is a handler, generator, operator, treater or starer, transporter or disposer under the Resource Conservation and Recovery Act of 1976 as amended, or any other similar Federal, state or local statute, ordinance, regulation or law; (e) Engineer's discovery of, or failure to discover hazardous substances or constituents on, in or under the site. 4.4.2. Engineer shall have no liability to Owner for detecting or failing to detect the presence of hazardous substances or constituents on, in or under the site. 4.5. CONTAMINATED EQUIPMENT 4.5.1. Costs related to decontamination of equipment will be charged to the Owner in those instances where contact by substances encountered at the site requires decontamination efforts beyond that routinely provided by the Engineer. 4.6. UNFORESEEN OCCURRENCES 4.6. I . If, during the performance of services, any unforeseen hazardous substances or constituents or other unforeseen conditions or occurrences are encountered which, in Engineer's sole judgement significantly affect or may affect the services, the risk involved in providing the services or the recommended scope of services, Engineer will promptly notify Owner thereof. Subsequent to that notification, Engineer may: (a) If practicable, in Engineer's sole judgement, complete the original Scope of Services in accordance with the procedures originally intended in the Proposal; (b) Agree with Owner to modify the Scope of Services and the estimate of charges to include study of the previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties and incorporated herein; or FORM RSV132O (Rev. 12M6) (c) Terminate the services immediately and/or effective on the date specified by Engineer in writing. 4.6.2. Owner recognizes that the state of practice, particularly with respect to hazardous waste conditions, is changing and evolving. For example, the technology involved in the detection, removal and/or treatment of hazardous substances r s constantly evolving and the interaction of soils and groundwater with hazardous substances is not fully understood at this time. White Engineer is required to perform in reasonable accordance with the standards set Forth in effect at the time its services are performed, it is recognized that those standards may subsequently change because of improvements in the state of practice. 4.7. OWNERSHIP OF DOCUMENTS 4.7.1. All field data, field notes, calculations, estimates, and other documents prepared by Engineer as instruments of service, shall remain the property of the Engineer. All published reports shalt be and remain the property of the Owner. 4.7.2. Owner agrees that all reports and other work furnished to the Owner or his agents, will be used for the intended purpose and in the manner set forth in the reports or other work. If not so used, all such reports and other work will be returned upon demand and will not be used by the Owner for any purpose whatever. 4.7.3. Owner agrees that all reports and other work furnished to the Owner shall not be transmitted or furnished to other persons or entities without the Engineer's written consent. The Owner shall hold harmless and indemnify the Engineer from any claims, damages, costs or expenses arising out of the unauthorized transmittal of the Engineer's reports to any other person or entity. 4,7.4. Engineer will retain all pertinent records in accordance with Engineer's record retention program. 4.8. CONFIDENTIALITY 4.8.1. Engineer shall hold confidential all business or technical information obtained from the Owner or its affiliates or generated in the performance of services under this Agreement. Engineer shall not disclose such information without the Owner's consent except to the extent required for (1) performance of services under this Agreement; (2) compliance with professional standards of conduct for preservation of public safety, health, and welfare; (3) compliance with any court order or other governmental directive; and/or (4) protection of Engineer against claims or liabilities arising from performance of services under this Agreement. Engineer's obligations hereunder shall not apply to information in the public domain or lawfully acquired on a non- confidential basis from others. 4.9. LIMITATIONS OF INVESTIGATION 4.9.1. Soil, water and other geologic conditions can vary significantly between borings, groundwater wells, test pits, and surface outcrops. Owner recognizes that environmental, geologic and geotechnical conditions can vary from those encountered at the times and locations where data are obtained by Engineer, and that the limitation on available data results in some level of uncertainty with respect to the interpretation of these conditions, despite the use of due professional care. 4.9.2. Conditions revealed by excavation or drilling may be at variance with preliminary Findings. If this occurs, the changed conditions must be evaluated by the Project Engineer and Geologist and the scope of work adjusted as required by alternate options recommended. 4.9.3. Reports prepared under this Agreement will be prepared under constraints of cost, time, and scope and reflect a limited investigation and analysis rather than a full, total, complete, or extensive investigation and analysis. Such reports become invalid with the passage of time due to changes and conditions in the property which result from natural processes or the works of man on this or adjacent properties. Changing standards and expanded knowledge may also cause reports to become invalid. 4.9,4. The findings of all reports may be invalidated wholly or partially by changes beyond Engineer's control. Reports produced under this Agreement shall not be relied upon if there have been any changes in site conditions, regulations or standards. Each such report should not be relied upon if there have been any changes in the field. 4.9.5. Engineer shall not specify construction procedures, manage or supervise construction, or implement or be responsible for health and safety procedures; shall not be responsible for the acts or omissions of contractors or other parties on the project; and shall not have control or charge of and shall not be responsible for construction means, methods, technique, sequences or procedures, or for safety precautions and programs. Engineer testing or observation of portions of the work of other parties on a project shall not relieve other parties from their responsibility for performing their work in accordance with applicable plans, specifications, and safety requirements. 4.9.6. All reports issued in conjunction with the work represented by this Agreement are issued with the understanding that the reports are intended for use by Owner for informational purposes only and that no other use is permitted. Use of reports by persons, firms, agencies or entities other than Owner is expressly prohibited. Use of reports for any reason whatsoever other than as stated above requires the express, written authorization of Engineer, 4.9.7. Engineer's investigation shall be performed, within the limits and constraints prescribed by Owner, in a manner consistent with that level of care and skill ordinarily exercised under similar circumstances by other professional consultants practicing in this or similar localities. No other representations to Owner, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document, professional advice or otherwise. 4.9.8. It is recognized that many desired or required results cannot be accomplished in an absolute sense, e.g., the detection and clean -up of all hazardous substances. Whenever a desired or required result cannot be accomplished in an absolute sense, in the Engineer's sole determination, the Engineer shall use due care in an attempt to accomplish the desired or required result but need not accomplish the result in an absolute sense. 4.9.9. Owner recognizes that installations in connection with hazardous waste sites, and sanitary landfill sites, monitoring projects and certain remedial action techniques and procedures may not perform in the field as anticipated by Owner, even if Engineer's services are performed in accordance with the level of care and skill ordinarily exercised by other professional consultants under similar circumstances. 4.9.10. THE LIABILITY OF ENGINEER, ITS AGENTS, EMPLOYEES AND SUBCONTRACTORS, FOR OWNER'S CLAIMS OF LOSS, INJURY, DEATH OR DAMAGE INCLUDING WITHOUT LIMITATION, OWNER'S CLAIMS OF CONTRIBUTION AND INDEMNIFICATION WITH RESPECT TO THIRD PARTY CLAIMS, SHALL NOT EXCEED, IN THE AGGREGATE UNDER THIS AGREEMENT- ]. THE LESSER OF $50,000,00 OR ENGINEER'S FEE FOR CLAIMS OR LIABILITY ARISING OUT OF; (a) ANY ENVIRONMENTAL POLLUTION OR CONTAMINATION, INCLUDING WITHOUT LIMITATION, ANY ACTUAL OR THREATENED RELEASE OF TOXIC, IRRITANT, POLLUTANT, OR WASTE GASES, LIQUIDS OR SOLID MATERIALS FOR WHICH ENGINEER HAS LEGAL LIABILITY; OR (b) PROFESSIONAL NEGLIGENCE, INCLUDING ERRORS, OMISSIONS OR OTHER PROFESSIONAL ACTS, AND INCLUDING UNINTENTIONAL BREACH OF CONTRACT; OR 2. THE TOTAL SUM OF $1,000,000 FOR INJURY, LOSS OR DAMAGE CAUSED BY NEGLIGENCE, OR OTHER CAUSE FOR WHICH ENGINEER HAS ANY LEGAL LIABILITY, OTHER THAN AS DESCRIBED IN SUBPARAGRAPHS I (A) AND (B) ABOVE. IN NO EVENT SHALL ENGINEER BE LIABLE FOR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF USE OR LOSS OF PROFITS, INCURRED BY OWNER OR ITS SUBSIDIARIES OR SUCCESSORS, REGARDLESS OF WHETHER SUCH CLAIM IS BASED UPON ALLEGED BREACH OF CONTRACT, STRICT LIABILITY, OR NEGLIGENT ACT OR OMISSION, WHETHER PROFESSIONAL OR NONPROFESSIONAL, BY ENGINEER OR ENGINEER'S EMPLOYEES, AGENTS OR SUBCONTRACTORS. 4.9.11. Owner shall, to the maximum extent permitted by law, save, defend, indemnify, and hold harmless or insure Engineer and its directors, officers, shareholders, employees, FORM R5K0213 (Rev. 12105} contractors, subcontractors, agents, or affiliates from and against any and all suits, actions, legal or administrative proceedings, claims, demands, fines, punitive damages, losses, costs, liabilities, interest, and attorneys' fees including any such fees and expenses incurred in enforcing this indemnity, which result from, arise out of or are in any way connected with: (i) acts or omissions of Owner, Owner's employees, agents and subcontractors and their employees or agents; (ii) the release of any hazardous substance; or (iii) any generation, treatment or transport of waste materials. To the fullest extent permitted by law, such indemnification shall apply regardless of the fault, negligence, breach of warranty or contract, or strict liability of Engineer. Without limiting the generality of the foregoing, the above indemnification provision extends to claims against Engineer which arise out of, are related to, or are based upon, the actual or threatened dispersal, discharge, escape, release or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other material, irritant, contamination or pollutant or in or into the atmosphere, or on, onto, upon, in or into the surface or subsurface (a) soil, (b) water or water- course, (c) objects, or (d) any tangible or intangible matter, whether sudden or not. Such indemnification shall not apply to claims, damages, losses or expenses which are finally determined to result from willful or reckless disregard by Engineer of its obligations under this Agreement. 4.10. MISCELLANEOUS 4.10.1. The Owner may not delegate, assign, or transfer his duties or interest in this Agreement without the Engineer's written consent. 410.2. Phase I Site Assessments shall not include sample collection or analysis. It is not intended that the Phase 1 investigation shall determine the presence or absence of asbestos, or ascertain the contents of drums and/or barrels. 4.10.3. Phase I & II Site Assessments are not intended to include the following types of field activities: I . Entry into confined spaces such as manholes, trenches, tanks, etc. 2. Entry into close proximity to "live" electrical equipment such as electrical wiring, transformers, etc. 4.10.4. Phase II Site Assessments shall not include asbestos sampling and analysis by Engineer. If asbestos sampling and analysis is required as part of this site assessment, the Owner shall contract directly with an entity to complete the asbestos sampling and analysis. 4.10.5. The terms and conditions of this Exhibit I shall supersede and replace any inconsistent printed terms and conditions of the Standard Agreement for Professional Services Between Owner and Engineer. 4.10.6. The Owner shall provide all legal services necessary for the project including, but not limited to necessary counseling regarding compliance with federal and state environmental regulations. FORM RSK020 (Rev 12016) Foth Infrastructure & Environment, LLC 2010 Standard Labor Rate Schedule Classification Hourly Rate Director/Principal $150.00 - $215.00 Senior Project Manager /Senior Client Manager $130.00 - $195.00 Senior Consultant $130.00 $170.00 Project Manager $1 00.00 $145.00 Lead Engineer $1 15.00 $1 65.00 Project Engineer $95.00 $130.00 Engineer $85.00 - $105.00 Lead Scientist $110.00 - $165.00 Project Scientist $85.00 - $110.00 Scientist $70.00 - $95.00 Project Designer/Technician $80.00 - $105.00 Technician /CADD $55.00 - $90.00 GIS Specialist $100.00 $140.00 Lead Admin. Assist./Work Plan Coordinator $65.00 $80.00 Administrative Assistant $55.00 - $70.00 Clerical $50.00 - $60.00 The cost of specific technical equipment and employee travel expenses needed on projects is in addition to the above hourly rates. If requested, Foth shall procure and coordinate the services of independent laboratories, subconsultants, drilling contractor, etc. The cost of the independent services shall be passed on directly to the owner with a surcharge of 15 percent to cover the processing of expenses. Item Computer Usage AutoCAD/Intergraph High End Software Office Expenses Copies (8 ✓z x 11) Copies (8 1/2 x 14) Copies (11 x 17) Report Printing (lsided) Report Printing (2 sided) Communication Services Fax (initial set up) Fax (per page) Phone (per minute) Travel Automobile Travel Public Transportation Subsistence and Lodging Survey Vehicles Off Road Vehicle Usage CADD Plotting/Drawing Reproduction Bond (black & white) Vellum (black & white) Mylar (black & white) Bond (color) Film (color) Miscellaneous Foth Infrastructure & Environment, LLC 2010 Standard Resource Charges Cost basis Cost/Usage Cost/Usage Equipment/Material Equipment/Material Equipment/Material Average per sheet Average per sheet Labor/Equipment Line Cost/Material Equipment/Line Cost Mileage Mileage Day Equipment/Labor/Material Equipment/Labor /Material Equipment/Labor /Material Equipment/Labor/Material Equipment/Labor/Material Equipment Special equipment rates quoted on an individual basis, if requested. Subconsultants (drilling, laboratory, etc.) Std charge $15.00/hr $15.00 -- 25.00/hr $0.11 ea $0.13 ea $0.15 ea $0.08 ea $0.11 ea $2.00/ea $0.50 ea $0.40 /ea $0.57 /mi (1) Cost + 15% Cost -l- 15% $0.88 /mi (2) $5.00 50.30 /sq ft $1.50 /sq ft $2.70 /sq ft $1.20/sq fl $2.00 /sq ft Cost + 15% 15% markup Note: This list is not all inclusive but represents the most common resource charges applied to Foth projects. (') Mileage rates are subject to change based on Federal Government Standards. tzJ Mileage rates are subject to change based on economic conditions. The Lakeville Police Department Shooting Range Closure Consulting Services Revised August 4, 2010 I. Executive Summary - Meeting Your Needs Foth Infrastructure & Environment, LLC (Foth) understands that the Lakeville Police Department (also referred to as "client" in this proposal) wishes to perform a Phase 1 Environmental Site Assessment (ESA) and a simplified Phase 11 investigation to evaluate cost effective and environmentally sound closure options for the shooting range located on land owned by the Metropolitan Airports Commission (MAC). The subject site is located near Cedar Avenue which is to be realigned due to the MAC runway extension. The objective of this Phase I ESA is to identify, to the extent feasible, pursuant to the processes prescribed in ASTM E1527 -05, recognized environmental conditions (RECs) in connection with the subject property. The following three projects have been identified and are outlined below: Project 1 — Phase I ESA Project 2 — Phase II Investigation Project 3 — Stakeholder Meetings 11. Scope of Services — Project 1 — Phase I ESA The Phase I ESA will be performed in general accordance with ASTM E- 1527 -05. This work will consist of the following tasks: A. Task 1 — Records Review As per ASTM, Foth will perform a review of reasonably ascertainable records pertaining to the site. Activities associated with a records review include the following: 1. Investi the site's regulatory history to learn about permits granted, citations issued, or records of public complaint. 2. Evaluate prior and present uses of the site and those adjacent to it. 3. Review readily available topographic and real estate maps, historical aerial photos, fire insurance maps, geologic information, and hydrogeologic data. 4. Review readily available published information about surface and subsurface conditions. 5. Assess the potential for environmental impairment from such items as underground storage tanks (USTs), above ground storage tanks (ASTs), chemicals, PCBs, process air emissions, waste accumulation areas, storm water impacts and wastewater conveyances, etc. 6. Review CERCLIS, the NPL, and other such databases for listings of the subject site and those facilities within the standard search radii as defined by ASTM 1527 -05. DJC4 tX:\MSIIE,Proposalll.akeville Police Departinentllland Auger Version Proposal\Shooting Range Ph 1 ESA & Simple Ph 11 Proposal Rev, 5- 4 -10.do 1 7. Review state UST /AST registrations for installations on this and adjacent properties (if any). 8. Review public documents (e.g., deed records, street directories, etc) to chronicle site ownership dating back to 1940 and beyond, when the historical information is readily available. (A chain of title search and an environmental lien search is not included in this proposal.) B. Task 2 - Site Reconnaissance Foth will perform a reconnaissance of the site in an attempt to identify RECs in connection with the property. The reconnaissance will consist of visually and/or physically observing the site and any structures Located on the property to the extent possible. As per ASTM, potential areas of concern may include: 1. Distressed ground vegetation and trees 2. Stains of ground and building surfaces 3. Unauthorized dumping 4. Pits, ponds or lagoons 5. Anomalous topography 6. Evidence of underground tanks /above ground tanks 7. Potential off-site sources of contamination 8. Discolored surface water 9. Odors 10. Drums and other portable containers 11. Evidence of PCB- containing equipment, pesticides, etc. 12. Evidence of wells, septic system, solid waste disposal, wastewater discharge, etc. No surface, subsurface or building material samples will be collected under the scope of this Phase I ESA. C. Task 3 Interviews Foth will attempt to hold discussions with present and past property owners, operators, occupants and other persons knowledgeable in regard to past or present site operations to obtain information indicating RECs in connection with the property. Interviews will also be held with state and /or local government officials to obtain information indicating RECs in connection with the property. Agencies that will be contacted include the Lakeville Police Department, the Dakota County Sheriff's Department, and MAC. Foth will diligently endeavor to maintain confidentiality regarding the nature of this site investigation. D. Task 4 — Phase 1 ESA Report Upon completion of these tasks, Foth will evaluate the information collected and prepare a report documenting the findings, opinions and conclusions of the Phase I ESA. The report will describe the services performed and identify known or suspect RECs, and historical RECs, and de minimis conditions. Foth will offer an opinion regarding the potential for adverse environmental impacts at the property. The report will also address the potential for adverse environmental impacts to or from adjoining properties, where the information is readily available. Six copies of the report will be provided to the client. 1). 104\X: \MSUF\Proposallt.akeville Police Department \Hand Auger Version Proposal Shooting Range Ph 1 ESA & Simple Ph 11 Proposal Rev. S- 4- 10.doc 2 It should be noted that unless specified elsewhere in this proposal, the non -scope considerations, as defined in Section 13.1.5 of the ASTM E 1527 -05 are not included in this proposed scope of work. However, if during the course of the project Foth becomes aware that any of the Section 13.1.5 non -scope items may be a potential concern to the client, we will notify the client immediately to discuss this issue and determine whether an amended scope of work should be implemented. 111. Scope of Services - Project 2 — Phase 11 Investigation A. Task 1 - Prepare Investigation Work Plan Foth will prepare a work plan that outlines how the investigation will be conducted. The cost estimate is assuming that the Minnesota Pollution Control Agency (MPCA) Volunteer Cleanup (VIC) Program is not being followed. The work plan will include the following: • Determine the extent of the investigation area. Review documents provided in the Phase 1 to estimate the depth of groundwater, extent of bullet areas, depth into soil, and height into hill orbenn. • Determine the approximate locations of soil samples to be collected. + Determine the approximate number of soil and water samples to be collected, and within what parameters to test. • Request a bid for Laboratory services from service providers. • Review bids and prepare a recommendation for laboratory to the client. (Laboratory to contract with the client directly.) • Foth will prepare a Health & Safety Plan for Foth members. B. Task 2 — Collect Soil Samples Due to the expected shallow depth of the subsurface exploration, Foth will simplify the soil collection by using non - mechanical methods and therefore keep costs low. If the gravel layer on site hinders the use of a hand auger, then modifications will be made in the field. The client will be contacted if additional assistance is required or if modifications may alter the proposed budget. Foth will coordinate the field work schedule and will request a utility clearance through Gopher One. Foth will have one field technician for the field work. It is assumed that the samples can be collected in one eight -hour day using a hand auger. Water samples, if collected, will be collected from available surface water. The technician will prepare the sample bottles and deliver the samples to the selected laboratory. C. Task 3 - Prepare Investigation Letter Report Foth will prepare an investigation letter report following the completion of the work described in Tasks 1 and 2 above. The report will include a discussion of the soil collection activities and any deviations from the work plan. The report will include site figures, dates of activities, daily field notes and logs, site conditions, photographs, field readings, and laboratory analytical results. DJC'4\:X:1AMS \IE \Proposal \Lakeville Police Department \I-land Auger Version Proposal'\Shooting Range Ph 1 ESA & Simple Ph 11 Proposal Rev. 5.4.1 O.doc 3 IV. Scope of Services - Project 3 - Stakeholder Meetings A. Task 1 — Project Meetings with Stakeholders An initial meeting before the Phase I starts (included in Phase 1 price), with the potential stakeholders, is proposed to make sure that all the available information has been gathered and that the project is on track. Stakeholders may include representatives from the Lakeville Police Department, Dakota County Sheriff's Department, Foth, MAC, and the MPCA. One topic will be to discuss whether or not the project should be submitted to the MPCA under their VIC Program. The benefit is that the MPCA would then provide the client with a letter stating that the property has met specific cleanup levels. The downside is that this will add more cost to the project, from the potential additional testing or evaluation required by the program and because the VIC program requires a fee for their services. This decision should be made prior to Foth starting the Phase 1I Investigation. A second meeting is proposed with the stakeholders to present the results of the investigation and to discuss the next steps, including some potential options for the materials found at the site. An option may allow for recycling the bullets as scrap metal with potential local vendors. As per some initial contacts, Gopher Resources has stated they can not accept the bullets due to the mixture of lead and copper. However, they could accept the soil for disposal. A local recycling facility, Broadway Resource Recovery, located in Minneapolis, has indicated they can accept lead and copper. Their final acceptance will be dependent on additional data that can be provided for them to evaluate. Disposal of any contaminated soil encountered will be based on the laboratory data and how the soil is categorized. If possible, the soil may be Left in place, hauled to a landfill, or other options to be discussed. Should the bullets need to be separated from the soil, then options for screening would need to be evaluated. If there is gravel of a similar size to the bullets, then that should be identified. Foth will endeavor to recommend options that are cost effective and yet will meet the environmental cleanup standards for the abandoned site. V. Owner Responsibilities When outlining this proposal, Foth presumes that the client, or the client working with MAC, will provide the following items prior to commencement of the three projects: A. Legal description of the subject property; 13. Site map of the subject property, with a clear delineation of the footprint of the area to be investigated; C. Access to the subject site to perform the ESA and the soil investigation; D. Contact name and number of person(s) knowledgeable of the site that can provide information on site history, past environmental practices, etc.; E. Copies (as available) of helpful documents such as previous Phase I ESAs, compliance audits, permits, and /or other pertinent documents related to the property; and F. Identification of any liens (environmental or otherwise) or easements on the property. G. Provide a single contact person for communication with the client for comment, review, and decision - making on issues related to the project. DJC4 1X: \MS \II:IProposaLLakeville Police Depailnientlttand Auger Version Proposal \Shooting Range Ph 1 ESA & Simple Ph II Proposal Rev. 8- 44 0.doc 4 VI. Project Management and Team Foth's project manager, Kathy Osborne, and client manager, Dale Tranter, shall coordinate project activities through a designated representative of the client. The project team will consist of in -house personnel, as well as selected sub - consultants, for the Phase I ESA, who will be used for the standard state and federal database search. A chain of title search is not included for the Phase I ESA. Other contractors (lab) to be used for the Phase II investigation will contract directly with the client. VII. Schedule for Success Foth proposes to complete the project according to the following schedule, unless circumstances beyond our control require modification of the schedule. Foth anticipates completion of the Phase I ESA report within three weeks after receipt of a signed agreement for Professional Services and fulfillment of the owner's responsibilities outlined in Section V. This schedule is based on the assumption that background information on the site will be made available, persons knowledgeable about the site will be available for interviews and the site reconnaissance, and access to the site for the site visit is granted. The Phase II Investigation can be performed following the Phase I ESA. The schedule will be determined during one of the stakeholders meetings outlined in the scope of work. VIII. Reimbursement Foth's cost for the Phase 1 ESA will be on a fixed fee basis to complete the work described in our scope of services. A chain of title search cost is not included. If the owner wishes a chain of title, a chain of title search will be requested from a title company. The cost will be determined based upon the number of parcels that the subject site includes. If at any time during the Phase I ESA should conditions observed or information obtained dictate a substantial change in the scope of work, the client will be contacted to determine if the project work should be halted or the project scope amended. If a modification in the scope of work is recommended, a contract change order will be prepared for the client's written approval. Budgetary Assumptions: Assumptions made in developing the aforementioned scope of work and budget for the Phase I ESA are 'listed as follows: • Only one mobilization to conduct the Phase I ESA is anticipated. Mobilizations for asbestos sampling, should they be required, are not included in this scope of work, unless specifically identified. • A representative from the facility must be available to schedule the site inspections, provide access to the property, and provide operational and site history data. • Foth will be provided access to all areas of the facility and there are no delays in obtaining access. If access to any area is restricted, we will contact the client immediately to discuss the situation. • On -site agency file reviews are not included. • Aerial photographs, if available within the project schedule, will be obtained for the site. DJC4\X :AMS11E1Proposal \Lakeville Police 1)epartment,Hand Auger Version Proposal yShooting Range Ph 1 ESA & Simple Ph If Proposal Rev. 8- 4- IO.doe 5 Project Cost Estimate Project 1 — Phase I ESA $ 3,500 Fixed Fee Project 2 — Phase II Investigation $ 4,700 Time and Materials Total S 8,200 Project 3 — Stakeholder Meetings Time and Materials, as needed, except for Initial Meeting The Phase Il Investigation will be set up on a Time and Materials basis. Field work can have delays beyond our control. Should it be determined that the project cost will exceed the cost estimate provided, the Fotli will contact the client to discuss. IX. Agreement to Proceed Professional services will be provided in accordance with Foth Infrastructure & Environment, LLC's Agreement for Professional Services terms and conditions (Terms) which is hereby incorporated by reference. Should you accept this proposal; a completed contract will be forwarded to you for signature to authorize us to begin. Should you desire to authorize our services through the use of a Purchase Order, the previously referenced Tenns shall govern and replace those on the Purchase Order. Should we start services upon a verbal authorization, it is with the understanding they are provided in accordance with the above referenced Tenns. Should you have any questions regarding these terms and conditions, or any other matter, please contact us, If the above Tenns are not acceptable, please notify us in writing before we begin providing services. X. Additional Services Foth can provide additional services to the client once an option has been chosen for closing the shooting range, The following services may be discussed at the appropriate time: • Coordinate with a scrap metal or recycling vendor that is able to accept the recovered bullets. • Prepare a Request for Bids for a contractor to remove, grade, or screen impacted soil, or work with the client who would provide the equipment and labor to perform the project. • Provide field services to observe and document the closure option chosen for the site. • Prepare a closure documentation report for the client, the MAC, and for the MPCA if the VIC program is entered. The report can also request a closure letter from the MPCA. XI. Experience and References Foth has had experience with similar projects for the following clients: • State of Minnesota — Camp Ripley Artillery Range Phase II Investigation • Hennepin County — Closure and Relocation of Pistol Range • The Premcor Refining Group — Underground Storage Tank (UST) sites in MN, IA, and WI The following clients may be contacted as References: • City of Minneapolis — Susan Youn Director, Solid Waste Department, 612- 673 -2433 • Blue Earth County — Scott Fichtner, Director, Environmental Services Department, 507- 304 -4385 • The Premcor Refining Group — Tim Mauntel, Environmental Relnediation Specialist, 618 -255 -5122 DJC41x :1MS \IE\Proposal \Lakevi]le Poli Departmeutltland Anger Version Proposal\Shooting Range Ph 1 ESA S Simple Ph II Proposal Rev. 5 -4 -1 O,doe (,