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Home My WebLink AboutResolution - 4121 - Agreement - Enreco Inc - Environmental & Remedial Services, Citibus Fueling Site - 04_08_1993Resolution No. 4121 April 8, 1993 Item #29 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock, Texas, and Enreco, Inc. for environmental and remedial services for the Citibus Fueling Site, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in deta Passed by the City Council thi ATTEST: etty m., Jonns", U ty Secretary ED AS, TO CONTENT: Larry v,4 norttman; Transp tation APPROVED AS TO FORM: HArold Willard, Assistant City Attorney HW:dw/agenda-D2/A-Enreco.res March 29, 1993 Resolution No. 4121 April 8, 1993 Item #29 AGREEMENT BETWEEN CITY OF LUBBOCK, TEXAS (CITY) I•�OU-01 ENRECO, INC. (ENRECO) TIT-19 ENVIRONMENTAL AND REMEDIAL SERVICES FOR THE CITIBUS FUELING SITE APRIL 8, 1993 AGREEMENT BETWEEN THE CITY OF LUBBOCK AND ENRECO, INC., FOR ENVIRONMENTAL AND REMEDIAL SERVICES This Agreement, effective this 8th day of April , 1993, between the CITY OF LUBBOCK, TEXAS, a Home -Rule Municipal Corporation located at 1625 13th Street, Lubbock, TX 79401 (hereinafter referred to as "City") and ENRECO, INC., a Texas Corporation located at 6310 Genoa Avenue, Suite E, Lubbock, TX 79424 (hereinafter referred to as "ENRECO"). ARTICLE I. SERVICES 1.1 ENRECO agrees to perform for City the environmental services outlined in the written Scope of Services attached hereto as Exhibit A and incorporated herein for all purposes. 1.2 The Scope of Services to be performed shall not be materially different from that referenced above, unless such modifications are reduced to writing and signed by authorized representatives of both City and ENRECO. It would be extremely expensive to conduct an investigation which would detect all material at the Citibus fueling site (the "Site") which are presently, or in the future might be, considered hazardous. ENRECO cannot be held responsible for the failure of the investigation to detect the presence or quality of such materials. ARTICLE II. RECOGNITION OF RISK 2.1 City recognizes that environmental, geological and hydrogeological conditions can vary from those encountered at the time and locations where data are obtained by ENRECO, and that the limitation on available data may result in some level of uncertainty with respect to the interpretation of these conditions, despite the use of due professional care. ARTICLE III. LIABILITY 3.1 ENRECO represents that the services shall be performed in accordance with the Scope of Services, in a manner consistent with the level of care and skill ordinarily exercised by other environmental service contractors under similar circumstances. No other representations to City, express or implied, and no warranty or guarantee, is included or intended in this Agreement, or in any report, opinion, document or otherwise. ARTICLE IV. INDEMNIFICATION 4.1 ENRECO's liability shall be limited to injury or loss caused by the negligence of ENRECO, its subcontractors, and/or agents hereunder. ENRECO has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at the Site, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposure to such substances or conditions. 4.2 If neither ENRECO nor City are negligent, and the loss is caused by a third party, or third parties, and is not contributed to by either party to this Agreement, then City shall indemnify, defend and hold harmless ENRECO from and against any such loss. 4.3 The City will locate all underground utilities that traverse the Site. Prior to any invasive field operations, all known utility companies will be contacted and asked to locate and mark out any and all of their lines that pass through the Site. Notwithstanding any attempts by ENRECO to locate existing Site utilities and tanks, it shall be the ultimate responsibility of the City to locate all underground utilities and tanks prior to ENRECO's undertaking any invasive field operations and the City shall assume all liability resulting from damage to such utilities or tanks resulting from City's failure to locate same. The City shall review all locations prior to the start-up of invasive field operations and direct that they be relocated if a conflict exists with any underground utilities or tanks. 4.4 ENRECO agrees to indemnify and hold City (including its officers, directors, employees, subcontractors and agents) harmless from and against any and all liabilities (including any strict liability or other liability without fault asserted against City), damages, fires, penalties, costs, claims, demands and expenses (including costs of defense, settlement and reasonable attorneys' fees) to the extent caused by any negligent act(s) or omissions(s), gross negligence, willful misconduct or breach of contract by ENRECO, its agents, employees or subcontractors in the performance of this Agreement including any failure to comply with any pertinent federal, state or local law, statute, regulation, rule, ordinance or government directive. 4.5 City agrees to indemnify and hold ENRECO (including its officers, directors, employees, subcontractors and agents) harmless from and against any and all liabilities (including any strict liability or other liability without fault asserted against ENRECO), damages, fines, penalties, costs, 2 claims, demands and expenses (including costs of defense, settlement and reasonable attorneys' fees) to the extent caused by any negligent act(s) or omission(s), gross negligence, willful misconduct or breach of contract by City, its agents, employees, or subcontractors in the performance of this Agreement, including any failure to comply with any pertinent federal, state or local law, statute, regulation, rule, ordinance or government directive. 4.6 Where acts or omissions of the nature referred to above by both ENRECO and City (including their respective officers, directors, employees, subcontractors or agents) have caused any liabilities, damages, fines, penalties, costs, claims, demands and expenses, whether or not third party's acts or omissions also were causal, ENRECO and City shall contribute to their common liability (including the costs associated with defense, settlement and reasonable attorneys' fees) based upon the relative degree of fault of each. In any case, the parties shall promptly meet to discuss cooperation, including cost sharing. ARTICLE V. SAMPLES 5.1 ENRECO shall preserve samples obtained from the Site as it deems necessary for the project, but for not longer than forty-five (45) days after the issuance of any document that includes the data obtained from those samples, unless other arrangements are mutually agreed upon in writing. At any time, ENRECO can request, in writing, that City remove samples. Within ten (10) days of ENRECO's request, City shall comply with, pay and be responsible for the removal and lawful disposal of samples, unless other arrangements are mutually agreed upon in writing. ARTICLE VI. INFORMATION FROM CITY 6.1 Prior to the commencement of services, and continuing thereafter, City shall notify ENRECO of any known possible health or safety hazard existing on or near the Site where services are to be or are being performed by ENRECO or its subcontractors, with particular reference to hazardous substances or conditions. If hazardous substances or conditions are discovered by ENRECO during the performance of its services that had not been disclosed to ENRECO prior to signing the Agreement, then, upon notification, City and ENRECO shall seek to determine the equitable adjustment to be made to this Agreement. If the parties are unable to agree, the Agreement will be terminated and ENRECO shall be paid for all charges and costs incurred up to and including the date of termination of the Agreement. 3 6.2 City shall provide ENRECO with all relevant data and information in its possession relating to the Site and to the environmental, geological, and geotechnical conditions of the Site and surrounding area. City shall correctly show, on plans to be furnished to ENRECO, the known locations of subsurface structures, such as pipes, tanks, cables and utilities. If subsurface conditions are discovered by ENRECO during the performance of its services that had not been disclosed to ENRECO prior to signing the Agreement, then, upon notification, City and ENRECO shall seek to determine the equitable adjustment to be made to this Agreement. If the parties are unable to agree, the Agreement will be terminated and ENRECO shall be paid for all charges and costs incurred up to and including the date of termination of the Agreement. City shall provide ENRECO, in writing, all criteria, design and construction standards, and all other information relating to City's requirements for the project. City shall give ENRECO prompt written notice of any suspected defect in ENRECO's services. ARTICLE VII. BASIS AND AMOUNT OF COMPENSATION FOR SCOPE OF SERVICES 7.1 For Scope of Services as described in Exhibit A, payment shall be on the basis of cost plus fixed fee. The fixed fee shall be One Thousand Nine Hundred Nine Dollars and Eighty - Eight Cents ($1,909.88). The maximum amount payable for Scope of Services as described in Exhibit A is Thirty -Six Thousand Two Hundred Two and Thirty -Eight Cents ($36,202.38). Estimated costs are itemized in Exhibit B. The maximum amount payable will be revised in the event of change in scope, increased cost, complexity or character of the project or periods of service which exceed those periods defined in Exhibit A as mutually agreed in writing by City and ENRECO. ARTICLE VIII. TERMS OF PAYMENT/RELEASE OF LIENS 8.1 Unless otherwise stated in the Scope of Services or agreed to in writing by both parties, ENRECO shall invoice City at the end of each month for all services performed under the Scope of Services during that month. 8.2 Terms of payment shall be net thirty (30) days after invoice date of a properly prepared and correct invoice by ENRECO. Payment shall be considered made when payment checks are mailed by City. ENRECO's invoice shall be accompanied by such records or other written proof as City deems adequate to verify the billings appearing therein and shall be in a form as may be prescribed by City. A service charge of one and one-half (1-1/2) percent per month, but in no event higher than the highest rate allowed by applicable law, on the unpaid balance will be assessed on past due accounts and balances carried over thirty (30) days. 8.3 ENRECO agrees to furnish City a complete "Release of Liens and Claims," if required, before final payment is made. If any lien is filed or remains unsatisfied after final payment, ENRECO shall discharge any lien and indemnify City for all costs incurred in discharging such lien. ARTICLE IX. TAXES 9.1 ENRECO assumes full responsibility for the payment of all federal and state taxes of whatever sort, social security and unemployment compensation taxes, withholding taxes, and all other taxes or charges applicable to ENRECO's actions, employees, facilities and materials for performing services hereunder or applicable to ENRECO's income hereunder. ARTICLE X. SITE AND LOCAL CONDITIONS 10.1 ENRECO has the right to examine the Site in order to become acquainted with local conditions and accepts conditions at the Site unless otherwise noted in writing to City. Any coordination or scheduling of work by City shall not relieve ENRECO from its responsibilities specified hereunder. 10.2 ENRECO shall keep on the Site a competent supervisor who shall be its authorized representative for all purposes under this Agreement. 10.3 Necessary arrangements for access to the Site by ENRECO's employees will be made with City. City reserves the right to withhold, or to withdraw approval for, access to its premises of any person for any reason considered sufficient by City. ARTICLE XI. INSURANCE 11.1 ENRECO shall carry and maintain in force at all times relevant hereto, at ENRECO's expense, insurance of the type and of minimum coverage limits as follows: 1. Workers' Compensation - Statutory Employer's Liability - $500,000 per accident 2. Comprehensive General Liability, Bodily Injury and Property Damage including contractual liability in a combined single limit - $2,000,000 per occurrence 3. Comprehensive Automotive Liability, Bodily Injury and Property Damage in a combined single limit - $2,000,000 per accident k, 11.2 Certificates of insurance in a form acceptable to City, evidencing the coverages required above, shall be made available to City upon request. Such certificates shall provide that the insurer will give City not less than ten (10) days' advance notice of any material changes in or cancellation of coverage. In the event any subcontractor is employed, with or without City consent, for the services covered in this Agreement, then ENRECO assumes full responsibility to ensure that the subcontractor's services are covered by the same insurance limits as set forth herein. ARTICLE XII. ASSIGNMENT AND SUBCONTRACTING/THIRD PARTY RIGHTS 12.1 The rights and obligations covered herein are personal to each party hereto and not to any third party, and for this reason neither this Agreement nor any contract hereunder shall be assignable by either party in whole or in part; nor shall ENRECO subcontract any of its obligations under this Agreement or a contract without the prior consent of City of Lubbock's Director of Transportation. ARTICLE XIII. NONDISCLOSURE 13.1 If so requested by City in writing, ENRECO agrees not to disclose to others (a) the fact that City has purchased or plans to purchase services from ENRECO or (b) the information concerning progress or performance of Scope of Services which is provided by ENRECO except when such disclosure is necessary to perform services required under this Agreement or as required by law. ARTICLE XIV. INDEPENDENT CONTRACTOR 14.1 It is understood that all employees performing services under this Agreement are and shall be considered to be the employees of ENRECO, and that none of said persons engaged under this Agreement shall be regarded as employees of City in any instance. Further, ENRECO alone shall be responsible for the employment, control, and conduct of its employees. ENRECO's relationship to City under this Agreement shall be that of an independent contractor and nothing in this Agreement shall be construed to constitute ENRECO, or any of its employees, an agent, associate, joint venturer or partner of City. ARTICLE XV. RECORDS AND INSPECTION 15.1 ENRECO agrees to maintain at their local offices in the city of Lubbock, in accordance with "Generally Accepted Accounting Principles and Practices," such records, for a period of three (3) years after termination of the Agreement, as may be necessary to adequately reflect the accuracy of ENRECO's N. charges and invoices for reimbursement under this Agreement and maintain such other additional records as City may from time to time reasonably require in connection with this Agreement. City shall have the right during normal business hours to inspect and verify the records kept by ENRECO in connection with this Agreement. ARTICLE XVI. DELAYS 16.1 In the event that ENRECO's field work is interrupted by the Texas Water Commission, the Occupational Safety and Health Administration, or the City of Lubbock due to unusual or unanticipated causes outside of its control, ENRECO shall be compensated for the additional labor, equipment, and other costs associated with maintaining its work force and equipment availability during such interruption, or at the option of City, for such similar charges that are to be incurred by ENRECO for demobilization and subsequent remobilization. 16.2 Except for the foregoing provision, neither party shall hold the other responsible for damages or delays in performance caused by force majeure, acts of God, or other events beyond the control of either party which could not have been reasonably foreseen or prevented. For this purpose, such acts or events shall include unusual weather affecting performance of services, floods, epidemics, war, riots, strikes, lockouts, or other disturbances, protest demonstrations, unanticipated Site conditions and instability, which prevent ENRECO's ability, after reasonable diligence, to supply personnel, equipment or materials to the work site. Should such acts or events occur, both parties shall use their best efforts to overcome the difficulties arising and to resume, as soon as is reasonably possible, the normal pursuit of the services under the Agreement. Delays within the scope of this article which cumulatively exceed forty-five (45) days shall, at the option of either party, make the Agreement subject to termination or renegotiation. ARTICLE XVII. STORAGE, TRANSPORTATION AND DISPOSAL 17.1 Any storage, transportation or disposal of hazardous, nonhazardous, or petroleum storage tank waste or waste product undertaken by ENRECO or its subcontractors under this Agreement shall comply with all applicable local, state, and federal regulations and law. ARTICLE XVIII. AUTHORITY 18.1 The parties hereby represent that they have full power and authority to enter into and perform this Agreement and the parties know of no agreements, contracts, promises or 7 undertakings which would prevent the full execution and performance of this Agreement. ARTICLE XIX. RESERVATION OF RIGHTS 19.1 City or ENRECO's waiver of any of its remedies afforded hereunder or by law is without prejudice and shall not operate to waive any other remedies which either such party shall have available to it, nor shall such waiver operate to waive either such party's rights to any remedies due to a future breach, whether of a like or different character. ARTICLE XX. ACTIONS 20.1 All legal actions by either party against the other for breach of this Agreement or for failure to perform in accordance with the applicable standard of care shall not be commenced more than two (2) years from completion of ENRECO's services. ARTICLE XXI. HEADINGS 21.1 The headings of the provisions of this Agreement are inserted for convenience only and shall not constitute a part hereof. ARTICLE XXII. APPLICABLE LAW 22.1 The law of the State of Texas shall govern the construction of this Agreement. ARTICLE XXIII. SEVERABILITY 23.1 In the event that any provision of this Agreement shall be found to be void or unenforceable, such findings shall not be construed to render any other provisions of this Agreement either void or unenforceable, and all other provisions shall remain in full force and effect unless the provisions which are invalid or unenforceable shall substantially affect the rights or obligations granted to or undertaken by either party. ARTICLE XXIV. DISPUTES 24.1 In addition to any remedies the parties may have at law, equity, or otherwise, the parties may, by mutual agreement, choose to resolve any dispute arising under this Agreement through alternate dispute resolution procedures, or, through arbitration in accordance with the Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 8 ARTICLE XXV. ENTIRE AGREEMENT 25.1 This Agreement represents the entire agreement between City and ENRECO with respect to the subject matter hereof and the services described herein, and supersedes all prior or contemporaneous representations, communications, agreements or understandings, whether oral or written. No changes or modifications shall be made to this Agreement unless reduced to a writing which clearly states that it is an amendment or change to this Agreement and is signed by both of the parties hereto. ARTICLE XXVI. TERMINATION 26.1 This Agreement may be terminated in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party. However, no termination for default may be initiated unless the other party is given a ten (10) calendar day cure period after written notice (delivery by certified mail, return receipt requested) of intent to terminate. 26.2 This Agreement may be terminated in writing (delivered by certified mail, return receipt requested) by City for its convenience. 26.3 Upon any termination, ENRECO shall (1) promptly stabilize site and then discontinue all services affected (unless a termination notice from City directs otherwise); and (2) deliver or otherwise make available to City after full payment for services, all documents, data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by ENRECO in performing this Agreement, whether completed or in process. All payments due ENRECO at termination shall be made as provided in Article VI. 9 IN WITNESS WHEREOF, the parties haye caused this Agreement to be executed by duly authorized resenta ives,,-a,s,follows: ENRECO, INC. ()'.� v a, '.X1 A Aubrey A. Spear Manager, u/bbock Office Date ATTEST: 10 EMS MIN 0 IM-M M.�irs%.._I� _. n. !. ayor April 8, .. Date ATTEST: etty M. Jo son City Secretary ED AS TO CONTENT: V Yr I V Larry VIV rioffm Direct r of Tr sportation APPROVED AS TO FORM: ALtO 'g arold Willard Assistant City Attorney EXHIBIT A GENERAL SCOPE OF SERVICES Limited Site Assessment CITIBUS FUELING FACILITY • LUBBOCK, TEXAS SITE RECONNAISSANCE AND SURVEY • Identify potentially sensitive receptors in the vicinity of the site; • Review and summarize the historical information concerning the site; and • Provide for a survey of the site by a licensed surveyor. II. SOIL BORINGS AND SOIL ANALYSIS • Provide for the installation of soil borings; • Collect field data including: - geologic description of samples recovered from the soil borings, - identification of potential migration pathways, - identification of potential receptors, - identification of unique site features, - local groundwater use, and - the measured or estimated groundwater depth; and • Collect soil samples for laboratory analysis and determination of physical soil parameters. III. MONITOR WELL INSTALLATION AND GROUNDWATER ANALYSIS If groundwater is encountered, then: • Provide for the installation of monitor well equipment; and • Collect groundwater samples from the monitor wells for laboratory analysis. IV. WASTE MANAGEMENT, DATA ANALYSIS AND REPORT PREPARATION • Analyze the collected data; • Prepare and assemble appropriate maps, diagrams and photographs; • Draft a report of the results of the Limited Site Assessment using the reporting guidelines furnished by the TWC (PST 93-01), including a completed Limited Site Assessment Report form (TWC-0927); and • Provide for the management of wastes generated during the performance of the assessment. NOTE: Please refer to the Texas Water Commission Limited Site Assessment Guidance Document (PST 92-06) for details concerning the requirements for a Limited Site Assessment. 1 DETAILED SCOPE OF SERVICES for a LIMITED SITE ASSESSMENT The purpose of this Scope of Services is to provide a "bulletized" listing of the work to be performed to fulfill requirements for the Texas Water Commission's (TWC) Limited Site Assessment (LSA). The following list has been compiled from the LSA Guidance Document (PST 92-06; February 1993). I. ♦ Perform a receptor survey. • Should be conducted prior to initiating the subsurface assessment. • Walking survey for all water wells within 500 feet of the site. • Search State records for water wells within one-half mile of the site. • Evaluate the use of the upper -most water bearing zone within one-half mile of the site. • Identify use of property within 500 feet of the site. • Identify any sensitive surface receptors within 500 feet of the site. • Locate all subgrade utilities on and/or adjacent to the site. ♦ A review of historical information. • Cause of the release. • Method of initial release determination or discovery of contamination. • Complete description of the storage tank system • An estimate of the volume lost. • Description of the measures used to abate and contain the release. • Description of the past use of the site. 2 II. ♦ Installation of three soil borings. • Installed in areas of highest potential contamination. • Advanced to the maximum depth of soil contamination or to the groundwater surface. • Samples should be acquired at least every five feet. - Geologic description of samples using the Unified Soil Classification System. - Permeability, lithologic changes, correlations, discoloration by contaminants, organic content, fracturing or other characteristics which might effect contaminant migration should be noted. • Samples for laboratory analyses: samples should be field screened to facilitate determination of appropriate samples for laboratory analysis (see table below). - No groundwater: analyze a sample from the greatest degree of contamination and a sample from the maximum depth of contamination in each boring. - Groundwater encountered: analyze a sample from the greatest degree of contamination, a sample at the saturated zone, and a sample from the total depth in each borings. - In areas with exposed in -place contaminated soils and a dwelling, day care center or school within 500 feet, one soil sample representative of the upper two feet must be collected for analysis. • Soil borings must be properly abandoned with non -shrinking grout or cement. • Laboratory analysis of physical soil parameters. - Collected from unsaturated zone in one of the borings. - Should be of uncontaminated soil. - Analyze for: soil bulk density, effective porosity, fraction organic carbon, intrinsic permeability, and volumetric water content. 3 III. ♦ Monitor well installation - if groundwater is encountered prior to reaching the full vertical extent of the contamination, then the soil boring should be deepened to a depth adequate for the installation of monitor well equipment. • Additional wells may be authorized on a case by case basis by the TWC. Is Gauge, develop and sample each of the wells for laboratory analysis (see table below). ♦ Laboratory analyses. • All samples must be collected, handled and analyzed in accordance with EPA approved methods. • All samples should be transported using chain -of -custody procedures. • Appropriate analyses for various contaminant types and media are presented in the following table: CONTAMINANT SOIL GROUNDWATER Gasoline BTEX', TPH' MTBE', BTEX, TPH, TDS',2 Diesel BTEX, TPH, PAH' BTEX, TPH, PAH, TDS Jet Fuels, Nos. 1, 2, and 4 fuel Oil Lubricating Oils, No. 6 TPH, PAH TPH, PAH, TDS Fuel Oil Unknown Petroleum, BTEX, VOC1.3, PAH, BTEX, VOC3, PAH, Waste Oil TPH, TM' TPH, TDS Hazardous Substances See Note 4 See Note 4, TDS Notes 1. BTEX = benzene, toluene, ethylbenzene, xylenes; TPH = total petroleum hydrocarbons; MTBE = methyl tertiary butyl ether; TDS = total dissolved solids; PAH = polycyclic aromatic hydrocarbons; VOC = volatile organic compounds; TM = total metals. 2. Total dissolved solids should be analyzed from the least contaminated well. 3. Only samples from the boring/well closest to the source should be analyzed for VOC in addition to BTEX. 4. Please refer to EPA publication SW-646 for the appropriate test methods for the constituent of concern. Source: TWC LSA Guidance Document dated 2/3/93 4 IV. ♦ Maps. • Maps and aerial photos must be to scale. • Site maps must show all pertinent information such as: current/former storage tank system, point of release, buildings, utilities on/adjacent to the site, extent of impervious cover, excavated areas, soil boring and monitor well locations, stockpiled soils, and sample collection points. • Area maps must be provided that show the use of adjacent property within 500 feet. • Water well inventory map must be provide on a U.S.G.S. topographic basemap (71/2minute quadrangle if available). ♦ Waste management. • Management and disposition must be in accordance with state and federal requirements. • Must submit signed PST Waste Affidavits, and copies of receipts from site receiving wastes and any required uniform hazardous waste manifests. • All wastes must be removed from the site within thirty days unless the wastes are to be treated on -site. • Authorization must be granted by the TWC for disposal, treatment or transfer of wastes from the site. ♦ Other requirements. • The site must be inspected and monitored for evidence of an emergency or hazardous situations. • Local fire authorities or the State Fire Marshall, and the local TWC District Field Office must be notified if hazardous or potentially hazardous conditions exist. • If free product is encountered, immediate action must be taken to remove the product as required. 5 • Notify the TWC of the discovery of free product within 24 hours. • Records of recovered product volume, recovery methods, storage methods, and recycling or disposal methods must be maintained and reported to the TWC. ♦ The LSA report. • Should include a completed LSA Site Assessment Report Form (TWC-0927), and a Limited Site Assessment Report using TWC publication Reporting Guidelines for LPST Cleanups in Texas (PST 93-01) . • The report is due 45 days from the date of the TWC request for an LSA. • The TWC should respond to the LSA report within 90 days of receipt. • Additional immediate activities may be required depending on the results of the assessment. • All proposals for additional corrective action prepared for TWC approval must contain an itemized cost estimate based on the TWC Reasonable Cost Guidelines (PST 92-08). • Upon submission of the LSA, application for reimbursement from the Petroleum Storage Tank Remediation fund is authorized. 0 PROJECT SCHEDULE OF DELIVERABLES Limited Site Assessment CITIBUS FUELING FACILITY • LUBBOCK, TEXAS ITEM WEEKS AFTER REQUEST FOR A LIMITED SITE ASSESSMENT Site Reconnaissance and Survey Soil Borings and Soil Analysis Monitor Well Installation and Groundwater Analysis Data Analysis and Report Preparation 0 2 4 6 8 10 r r 7 EXHIBIT B SUMMARY OF COMPENSATION Limited Site Assessment CITIBUS FUELING FACILITY • LUBBOCK, TEXAS ::.......... ........................... ... ........................ lrec L #erhed. !. t�IB ► TtT d ; :: a+fr•E3fit f1�E'aORtP�'f011F :......: ::.:............ Fatal f>fio�r :.:>:....::. Cosr: , .:: ":> :I�car� ..;� .: >:>::> : A B C D E F I. Site Reconnaissance and Survey 4 16 - 6 4 2 32 454.00 794.50 1,248.50 II. Soil Borings and Soil Analysis 8 12 24 8 - 2 54 764.00 1,337.00 2,101.00 III. Monitor Well Installation, etc. 16 12 36 12 2 4 82 1,200.00 2,100.00 3,300.00 IV. Data Analysis and Report 32 56 32 20 5 145 2,212.00 3,871.00 6,083.00 Total Hours Per Category 60 96 60 1 58 26 13 313 11 $ 4,630.00 $ 8,1 OE5:0]1 $ 12,732.50 CLASSIFICATION HOURLY RATE Senior Project Manager $24.00 Associate Geologist/Hydrologist/Engineer B $13.00 Field Technician $12.00 Draftsperson $13.00 Clerical? $12.00 Bookkeeper $12.00 Materials and Supplies 300.00 Instrument and Equipment Rental 855.00 Miscellaneous (Copying, Binding, Postage) 150.00 Travel 130.00 Total Other Direct Cost $ 1,435.00 Drilling - Moore Drilling 12,600.00 Analytical Laboratory - LCU 4,620.00 Soil Laboratory - Terra Engineers 375.00 Surveying - Wilson Surveying 1,725.00 State Record Search - Geosource, Inc. 230.00 Contaminated Soil Disposal 575.00 Total Subcontractor Cost $ 20,125.00 TOTAL PROJECT COST 34,292.50 FIXED FEE (15%) 1,909.88 TOTAL CONTRACT AMOUNT 11 $ 36,202.38 ENRECO ENGINEERING GROUP May 27, 1993 Mr. John Wilson Citibus Manager City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Dear Mr. Wilson: I would like to make a statement at the request of the Texas Water Commission to clarify a misunderstanding regarding three written quotations used in the following ENRECO proposal (City of Lubbock RFP #12158): Proposal for an Investigation/Remediation of a Subsurface Release of Regulated Substance at the Citibus Maintenance Facility, Lubbock, Texas These three quotations regard Ms. Teresa Calkins, a project manager for the Texas Water Commission. Even though Ms. Calkins did orally consent to be a reference, these three written quotations were not authorized or reviewed by Ms. Calkins, or approved to be reduced to written form. Sincerely, Aubrey Spe Manager-Lu bock Office 6310 Genoa Ave., Suite E Lubbock, Texas 79424 Telephone: (806) 794-1 100 Facsimile (806) 794-0778 Amarillo, Texas New Orleans, Louisiana Cincinnati, Ohio