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92-0624 Mittelhauser RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH MITTELHAUSER CORPORATION FOR THE BIG TIMBER ROAD SEWER CONSTRUCTION PROJECT BE IT RESOLVED BY. THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute a contract on behalf of the City of Elgin with Mittelhauser Corporation for the mitigation of the contaminated soil and ground water at the intersection of Big Timber Road and McLean Boulevard, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 24, 1992 Adopted: June 24, 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MITTELHAUSER corporation CONTRACT 1. It is hereby agreed between MITTELHAUSER CORPORATION, an Illinois Corporation (herein called Mittelhauser) , and City of Elgin, Illinois (herein called Client) that Mittelhauser, as an independent contractor, furnish all services, equipment, materials, transportation and labor for the environmental services for ongoing sewer construction project on Big Timber Road hereinafter called the Work, located in Elgin, Illinois , in conformity with terms hereof and the following Contract Documents which are incorporated by reference and made a part hereof: Terms and Conditions Attachment A - Scope of Work Attachment B - Schedule of Rates, Expenses & Billing Terms Attachment C - Schedule of Insurance 2 . The Client agrees to reimburse Mittelhauser in accordance with Attachment B attached hereto and made a part hereof. 3 . Said Work to be commenced not later than June 1 1992 , and Mittelhauser shall endeavor to complete the Work not later than June 1 , 1993 . 4 . In the event that any provision in any Contract Document conflicts with any other contract provision, the more specific provision shall govern except as otherwise specifically stated. In the event there are any addenda, the addenda of the later date shall be given precedence. 5. The parties hereto h entered into this Agreement as of the „ day of , 199 Z. :;00/7rta By i d4' ch Title kt� � MITTELHAUSER CORPORATION By 3, Ronald B. St. J hn, RG, CPG Title Vice President Midwest Operations MITTELHAUSER corporation TERMS AND CONDITIONS 1. Responsibilities of Client. Client shall, at its own expense and at such times as may be reasonably required by Mittelhauser for the successful and continuous prosecution of the Work, do the following: (i) Provide adequate space on or in the immediate vicinity of the Work site to accommodate Mittelhauser's needs; (ii) Provide and maintain suitable access to the work site for Mittelhauser's personnel, equipment and materials; (iii) Supply all permits and licenses required to be taken out in Client's name which are necessary to the completion of the Work; (iv) Appoint an individual hereafter referred to as "Client's Project Manager" who shall be authorized to act on behalf of Client and with whom Mittelhauser may consult at all reasonable times. 2 . Relationship of Parties. Mittelhauser is an independent contractor, and nothing contained herein shall be construed as constituting any other relationship with Client, nor shall it be construed as creating any relationship whatsoever between Client and Mittelhauser's employees. Mittelhauser shall not be entitled, under this contract or otherwise, to any of the benefits under any employee benefit plan which Client or its affiliates or subsidiaries presently has in effect or may put into effect; nor will Mittelhauser be considered an employee for purposes of any tax or contribution levied by any federal, state or local government. Mittelhauser has sole authority and responsibility to hire, fire and otherwise control its employees, and neither Mittelhauser nor any of its employees are employees of Client. Mittelhauser agrees to comply with all laws, rules, regulations and ordinances applicable to it as an employer. 3 . Compensation. Client shall pay, and Mittelhauser shall accept in full consideration for the performance of the Work, the sum of the reimbursable costs shown in Attachment B. 4. Terms of Payment. Mittelhauser shall furnish Client twice a month a detailed original invoice of costs incurred by Mittelhauser in the preceding billing period. Mittelhauser shall keep daily time sheets for personnel and equipment specifying the individual names and types of equipment used in the Work, which may be inspected by Client at any reasonable time. Client shall make payment to Mittelhauser within thirty days from the date of invoice. Any amounts outstanding longer than 30 days will bear a service charge at the rate of 1. 5% per month. MITTELHAUSER corporation Terms and Conditions -2- 2004 :cntrct 5. Guarantees and Warranties. (a) Mittelhauser warrants and guarantees that: (i) The Services of Mittelhauser in performing the Work shall be performed with the care and skill ordinarily exercised by members of its profession under similar conditions in the same or similar location; (ii) The Work shall be free from defects in workmanship and design; (iii) With respect to all materials and equipment purchased from others which are used and installed by Mittelhauser, Mittelhauser makes no warranty or guarantee, but Mittelhauser shall make available to Client to the full extent of the terms thereof, such guarantees as are available from all vendors or subcontractors; (iv) The Work shall have clear title and be free of any and all liens, claims, demands and encumbrances; (v) The Work and all designs, drawings and materials furnished to Client shall be free of any valid claims for infringement of any valid patent, registered trademark or copyright. (b) In the event there is any breach of the aforesaid warranties and guarantees and the same is reported to Mittelhauser by Client in writing at any time within twelve months after Client has accepted the Work, Mittelhauser shall, as soon as reasonably possible and, in any event, within ten days of receipt of said written notice, commence to remedy such defect and proceed diligently thereafter to complete such remedy. If Mittelhauser fails to commence to remedy the defect within such period of time or to proceed diligently to complete such remedy, Client may itself or by a third party undertake to remedy the defect and Client shall be entitled to reimbursement for the cost of remedying same. Mittelhauser shall have no obligation to remedy defects due to Client's failure to provide adequate information concerning the Work Site, changes in conditions over the passage of time, the presence of substances which are not discoverable based on the state of the art, the normal effect of corrosion or erosion, normal wear and tear, abnormal circumstances, other circumstances beyond the state of the art, or other circumstances unknown to Mittelhauser at this time which may be discovered by Mittelhauser during the course of the work and set forth in Mittelhauser's report to Client. Mittelhauser shall not be liable under any circumstances for loss of profits, loss of product, consequential damages of any kind, indirect damages of any kind or special damages of any kind to Client or to any third party. MITTELHAUSER corporation Terms and Conditions -3- 2004 :cntrct (c) Except as expressly stated above, there are no guarantees or warranties applicable to the Work. The above guarantees and warranties are in lieu of any and all other guarantees and warranties, whether express or implied. 6. Confidential Information. In the performance of the Work, either party may be exposed to the confidential information of the other. Neither party shall disclose to anyone not employed by it nor use, except in connection with the Work, any such confidential information acquired by it in the performance of the Work except as authorized by the other party in writing. Regardless of the term of this contract, each party shall be bound by this obligation until such time as such confidential information shall become part of the public domain. Confidential information shall clearly be identified as such. 7. Insurance. Mittelhauser currently maintains the insurance coverage described in Attachment C. This level and type of coverage will be maintained during the duration of the contract, subject to commercial availability and reasonably similar cost. 8. Risk of Loss. During the term of this contract, Mittelhauser shall be responsible for and shall bear all risk of damage to or loss of all materials, equipment, tools, supplies and all other items connected with the Work, including all of the foregoing while in transit, until such time as Mittelhauser Corporation has issued its final invoice for the Work covered by this contract. 9. Indemnity. Mittelhauser agrees to indemnify and save Client harmless from any and all claims, demands, causes of action and judgments for injuries (including death resulting therefrom) , to the person or property of any third person during the performance of the Work and arising out of or in anyway connected with Mittelhauser's performance hereunder, unless due to the negligence or fault of Client or others. Mittelhauser shall be responsible for damage or loss to property of Client which occurs during the performance of the Work and which is due to any negligent act or omission of Mittelhauser or of its agents or employees or subcontractors or of subcontractors' agents or employees in connection with the performance by Mittelhauser of the Work, except to the extent that any such loss or damage is covered by Client's fire and extended coverage insurance or other insurance. 10. Compliance with Laws and Regulations. Mittelhauser agrees to comply with any and all federal, state and local laws and valid rules or regulations of any legally constituted authority, including any and all labor laws and regulations thereunder and agrees to indemnify, protect and hold client harmless from and MITTELHAUSER corporation Terms and Conditions -4- 2004:cntrct against any and all loss, damage, expense or penalty arising from any violation by Mittelhauser or its agents of any of the aforementioned laws or authorities. 11. Default. If Mitteihauser commits a default in any of the provisions of this contract which would have the effect of denying to Client a material part of its bargain hereunder, Client may give written notice to Mitteihauser stating the respect or respects in which it is in default. If Mitteihauserdoes not within ten days after such notice, commence to remedy such default and continue with diligence thereafter to complete such remedy, then Client shall have the right to terminate this contract regardless of the state of its completion and, at its option, may award the unfinished contract to another contractor or perform all or any part thereof itself. In the event of such termination, Client shall pay Mittelhauser all of the costs provided for in Paragraph 3 based on that portion of the Work completed and shall pay for materials, supplies or equipment which are in transit or under commitment and which are intended to become a permanent part of said work. 12. Consequential and Punitive Damages. Mitteihauser shall not be liable under any circumstances for loss of profits, loss of product, consequential damages of any kind, indirect damages of any kind or special damages of any kind to client or to any third party. No punitive or exemplary damages of any kind shall be recoverable against Mittelhauser under any circumstances. 13 . Termination by Client. Client may terminate the Work under this contract other than by reason of Mittelhauser's default, at any time, by sending written notice thereof to Mitteihauser ten days in advance of the termination date. Upon such termination, Client shall pay Mittelhauser for the work performed to and including the date of termination. In addition, Client shall pay Mitteihauser for any materials, supplies or equipment which are in transit or under commitment and which were intended to become a permanent part of the Work. In addition, Client shall pay Mittelhauser a termination charge which, in the absence of agreement to the contrary, shall be ten percent of the amount which would be required to compensate Mitteihauser for completing the Work. 14. Force Majeure. A delay in, or failure of, performance of either party hereto shall not constitute a default hereunder or give rise to any claim for damage if and to the extent such delay or failure is caused by (an) occurrence(s) beyond the control of the party affected, including, but not limited to, act(s) of God, or the public enemy, expropriation or confiscation of facilities or compliance with any order or request of governmental authority or person(s) purporting to act therefore affecting to a degree not presently existing the supply, availability, or use of engineering MITTELHAUSER corporation Terms and Conditions -5- 2004 :cntrct personnel or equipment, act(s) of war, public disorder(s) , insurrection(s) , rebellion(s) , or sabotage, flood(s) , riot(s) , strike(s) , or any cause(s) , whether or not of the class or kind of those specifically named above, not within the reasonable control of the party affected, and which, by the exercise of reasonable diligence, said party is unable to prevent. A party who is prevented from performing for any reason shall immediately notify the other party in writing of the cause of such non-performance and the anticipated extent of the delay. 15. Environmental Liability. Client will indemnify, defend and hold Mittelhauser harmless from and against any and all loss, damage, costs and expenses, including attorneys fees, from third party claims, demands and causes of action arising or claimed to arise from violations by Client of the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response Compensation and Liability Act, as amended, the Toxic Substances Control Act, as amended, and other environmental laws, rules and regulations relating to the existence, generation of, current or future ownership, storage, transport or disposal of pre-existing hazardous substances and wastes, but this indemnity shall not cover such loss, damage, cost or expense arising from Mittelhauser's proven negligence in performing the Work under this Agreement. For purposes of this Agreement, a pre-existing hazardous substance is any hazardous substance or hazardous waste to be removed or handled by Mittelhauser as part of the work, such substance or waste having been generated by Client or existing on Client's premises prior to the date of this Agreement. 16. Audit. Client shall have the right during the course of the Work and until one year after acceptance of the Work to audit Mittelhauser's books and records relating to the costs to be reimbursed pursuant to Article 3 . Mittelhauser shall, during the progress of the Work, provide Client with satisfactory evidence of payment for and records of receipt of materials, supplies and equipment as soon as they become available and are presented for payment, together with such other data as Client may reasonably request. 17. Remedies. The obligations and remedies provided herein are exclusive and in lieu of any other rights or remedies available at law or in equity. 18. Waiver. Any failure to enforce or any waiver on the part of Mittelhauser or Client of any term, provision or condition of this contract shall not constitute a precedent nor bind either party hereto to waiver of any succeeding breach of this contract or any other term, provision or condition of this contract. MITTELHAUSER corporation Terms and Conditions -6- 2004 :cntrct 19. Notices. Notices required by the terms of this contract shall be in writing and shall be mailed by registered or certified mail to the following addresses, provided that each party retains the right to change such address by written notice to the other: MITTELHAUSER CORPORATION CLIENT: City of Elgin 1240 Iroquois Drive 150 Dexter Court Suite 102 Elgin, Illinois 60120-5555 Naperville, IL 60563 20. Miscellaneous. This Agreement constitutes the entire agreement between the parties and shall supersede all other agreements and representations made prior to the date hereof. No amendments to this contract or changes in the scope of the Work shall be valid unless made in writing and signed by the parties. This contract shall be governed and construed in accordance with the laws of the State of Illinois, except for any choice of law rule which would require application of the law of another state. The captions in this contract are for purposes of convenience only and form no part of this contract. In no event shall they be deemed to limit or modify the text of this contract. The invalidity or unenforceability of any portion(s) or provision(s) of this contract shall in no way affect the validity or enforceability of any other portion(s) or provision(s) hereof. Any invalid or unenforceable provision(s) shall be severed from the contract and the balance of the contract shall be construed and enforced as if the contract did not contain a particular portion(s) or provision(s) held to be invalid or unenforceable. MITTELHAUSER corporation ATTACHMENT A PROPOSAL FOR ENVIRONMENTAL SERVICES FOR CITY OF ELGIN SEWER CONSTRUCTION PROJECT BIG TIMBER ROAD ELGIN, ILLINOIS 1.0 BACKGROUND On May 1, 1992 petroleum-impacted water and vapors were detected entering the trench for the new sewer along Big Timber Road immediately south of an Amoco service station. Amoco contacted Mittelhauser Corporation with instructions to collect a water sample from the trench for benzene, ethylbenzene, toluene, total xylenes, and methyl-tertiary butyl ether analyses (BETX and MTBE) . The analytical results indicate that the water sample contains benzene and total BETX concentrations which exceed the IEPA cleanup objectives for groundwater. The City of Elgin (Elgin) has requested a proposal from Mittelhauser Corporation (Mittelhauser) to conduct air monitoring for explosive conditions and volatile organic compounds in a trench excavated for the construction of a sewer line along Big Timber Road in Elgin, Illinois. Additionally, Mittelhauser will manage the disposal of hydrocarbon-impacted soils and groundwater and will assist the sewer construction contractor in mitigating vapors which may enter the trench during construction activities. Mittelhauser will assist Elgin in determining the best course of action to minimize the safety risks associated with the continued excavation and sewer installation. The City of Elgin is constructing the new 5-foot diameter sewer line along Big Timber Road, beginning at the intersection of Big Timber Road and McLean Boulevard in Elgin, Illinois. Sewer construction will continue west to Randall Road. Mittelhauser involvement in the project will cease when construction progress reaches a point where the evidence of hydrocarbon-impacted soils and groundwater is absent, or until otherwise instructed by Elgin. MITTELHAUSER corporation Proposal -2- June 1992 City of Elgin 2004ac 2 .0 OBJECTIVES The primary objectives of the proposed work are as follows: 1. Monitor the atmosphere in the manways of subsurface utilities in the vicinity of the site for volatile organic compounds. 2. Monitor the atmosphere in the sewer trench for explosive conditions and volatile organic compounds during construction activities. Mittelhauser personnel will act in an advisory capacity only. The decision to enter the trench will be made by the sewer construction contractor. 3 . Manage the disposal of hydrocarbon-impacted soils and groundwater. 3 . 0 SCOPE OF WORK 3 . 1 VOC SURVEY OF SUBSURFACE UTILITIES The atmosphere in the manways of subsurface utilities in the vicinity of the site will be measured for the presence of VOCs using a HNU photoionizing detector with a 10.2 eV probe. 3 .2 MONITORING OF ATMOSPHERE IN SEWER TRENCH Mittelhauser personnel will monitor the atmosphere for both explosive conditions and volatile organic compounds in the trench for the new sewer line under construction along Big Timber Road. Mittelhauser will act in an advisory capacity only during trenching activities. It is anticipated that the work will take approximately two weeks to complete. 3 . 3 SOILS AND GROUNDWATER DISPOSAL Mittelhauser will prepare documents and collect a soil sample for landfill disposal of hydrocarbon-impacted soils. Mittelhauser will manage subcontractors for the disposal of both soils and groundwater from the site. 3 .4 STATUS LETTER REPORT A letter report to the City of Elgin will be prepared at the conclusion of the project. The report will include the results of the vapor monitoring program and a short description of site activities performed during the project. MITTELHAUSER corporation Proposal -3- June 1992 City of Elgin 2004ac 4. 0 COSTS Mittelhauser Corporation's anticipated charges for professional services, equipment, and subcontractor costs are detailed in the following Cost Estimate (Section 4. 1) . The costs listed are based on a duration of two weeks for field activities. It is assumed that the equipment and labor required to excavate soils from the trench will be provided by the sewer construction contractor. Actual charges will be on a time-and-materials basis in conformity with terms listed in Attachment B - Schedule of Rates and Expenses of the contract entered between Mittelhauser Corporation and the City of Elgin for the purpose of executing the work described in this proposal. 4. 1 COST ESTIMATE Professional Services: Landfill disposal documentation $ 500.00 Air monitoring, manifest management, subcontractor scheduling and oversight $ 6, 000. 00 Project management and reporting $ 2 , 500.00 Equipment and Expenses: Air monitoring equipment: HNU and Explosimeter $ 900. 00 Van and Miscellaneous $ 1, 200.00 Subcontractor Services: Soils Cartage and Disposal: Assume 2, 000 cu. yds. @ $40.00 per cu. yd. $ 80, 000.00 Soil analysis for landfill disposal $ 425.00 Water Disposal: Assume 50, 000 gallons @ $0.40 per gal $ 20, 000.00 Total $111, 525.00 MITTELHAUSER corporation ATTACHMENT B MITTELHAUSER CORPORATION SCHEDULE OF RATES, EXPENSES & BILLING TERMS CATEGORY HOURLY RATE OFFICER/GENERAL MANAGER/DIRECTOR $125-180 DEPARTMENT MANAGER 1 OR 2 95-145 SENIOR PROJECT MANAGER 95-135 PROJECT MANAGER 1 OR 2 85-125 PRINCIPAL ENGINEER/SCIENTIST/CONSULTANT 95-135 SENIOR ENGINEER/SCIENTIST/GEOLOGIST 1 OR 2 70-110 SR. TOXICOLOGIST/TOXICOLOGIST 80-105 PROJECT GEOLOGIST/HYDROGEOLOGIST 55-90 STAFF GEOLOGIST/HYDROGEOLOGIST 1 OR 2 50-80 ENGINEER/SCIENTIST 1 OR 2 50-80 REMEDIATION OPERS. MGR. 85-125 REMEDIATION FIELD MGR. 50-85 SENIOR TECHNICIAN 40-60 TECHNICIAN 1 OR 2 30-55 PRINCIPAL DESIGNER/DESIGN SUPERVISOR 55-80 SENIOR DESIGNER 45-60 DESIGNER/SENIOR DRAFTER 35-50 DRAFTER 30-45 PROGRAM ANALYST 85-110 PROJECT ACCOUNTANT 45-70 ADMIN. SVCS. MANAGER/PROJECT SUPPORT 50-65 EXECUTIVE SECRETARY 50-65 SR. SECRETARY 35-55 SECRETARY/CLERK 25-40 EXPENSES COST BASIS TRAVEL, LODGING, MEALS ACTUAL COST PLUS 10% & OTHER TRIP COSTS LOCAL TRAVEL 27. 5 CENTS/MILE EXPRESS MAIL ACTUAL COST PLUS 10% MAJOR REPRODUCTION COST PLUS 10% TELEPHONE, MAIL & OFFICE COPYING 1. 1% OF PROF. SERV. & EXPENSES COMPUTER SERVICES 1. 8% OF PROF. SERV. & EXPENSES PROFESSIONAL LIABILITY & 1.7% OF PROF. SERV. POLLUTION LIABILITY INSURANCE & EXPENSES LABORATORY SERVICES COST PLUS 10% SUBCONTRACTORS COST PLUS 10% PURCHASED MATERIALS COST PLUS 10% FIELD EQUIPMENT RENTAL SEE SEPARATE SCHDL. 3/01/92 -1- AGREE(Rates1) MITTELHAUSER corporation INVOICING Mittelhauser will invoice up to twice monthly for time and materials contracts. Fixed price contracts will be invoiced in accordance with a payment schedule negotiated with each contract. For field remediation projects, estimated subcontractors costs may be invoiced separately at the beginning of each billing period for the work performed during that period. Actual versus invoiced charges will be reconciled at the end of each period. PAYMENT TERMS All invoices are due thirty days from the invoice date. Amounts outstanding longer than 30 days will be assessed a service charge of 1.5% per month. RATES EFFECTIVE THROUGH JUNE 30, 1992 BILLING RATES FOR INDIVIDUAL MITTELHAUSER EMPLOYEES ARE ADJUSTED TWICE A YEAR ON JANUARY 1ST AND JULY 1ST TO ACCOUNT FOR COMPENSATION ADJUSTMENTS. 3/01/92 -2- AGREE(Ratesl) MIITELHAUSER corporation ATTACHMENT C MITTELHAUSER CORPORATION SCHEDULE OF INSURANCE Mittelhauser Corporation maintains the insurance described below and will provide certificates evidencing such insurance, if requested by Client. (1) Workers' Compensation, as prescribed by applicable law, and Employers' Liability with a limit of $1, 000, 000 per injury or death per accident. (2) Comprehensive General Liability (Bodily Injury and Property Damage Insurance) - Insurance which has limits of liability not less than $1, 000, 000 combined single limit per occurrence with no general aggregate including, Personal Injury Liability. (3) Excess Liability - Follows form of the Comprehensive General Liability policy and provides $4, 000, 000 per occurrence and as an annual aggregate. (4) Automobile Bodily Injury and Property Damage Liability Insurance - Such insurance is Broad Form and extends to owned, non-owned, and hired automobiles used in the performance of the Work. The limit of liability for such insurance is not less than $1, 000, 000 combined single limit per occurrence. (5) Professional Liability Insurance, (Claims made) - The limit of liability for such insurance is $1, 000, 000 per claim and $1, 000, 000 aggregate. (6) Contractors Pollution Liability Insurance, (Claims Made) - The limits are $1, 000, 000 per occurrence with a $2, 000, 000 annual aggregate. p2004:cntrct Committee of the Whole Meeting June 10, 1992 Page 3 Authorization to execute a contract with Mittelhauser Corporation for hazardous waste removal and disposal Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to authorize execution of the aforementioned contract, to approve the City advancing the funds, and to recoup the costs from whichever company, Amoco and/or Speedway, is determined to be responsible for the contamination. Yeas : Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays : None. Agreement to purchase engineering plans for Shales Parkway Councilwoman Popple made a motion, seconded by Councilman Walters, to approve the recommendation to purchase the aforementioned plans. Yeas : Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays : None. Recommendation from the Cultural Arts Commission to enter into a contract for a needs assessment Councilwoman Popple made a motion, seconded by Councilman Fox, to approve the aforementioned recommendation. Yeas : Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Authorization to piggy back a street striping contract Councilwoman Popple made a motion, seconded by Councilman Walters, to authorize Preform Traffic Control Systems, Ltd. to perform the pavement marking for the unit price specified in its contract with the Kane County Highway Department. Yeas : Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays : None. Discussion of the Comprehensive Amendment to the Zoning Ordinance Jerry Deering reviewed the design standards and the lot/floor ratios . A lengthy discussion was also held concerning the proposed regulations concerning home occupations . Adjournment Councilman Walters made a motion, seconded by Councilwoman Yearman, to adjourn and go into the regular Council meeting. Yeas : Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Meeting recessed at 7 :55 p.m. Elt!in Agenda Item No . ; rho, e "bq�ori/ June 4, 1992 MEMORANDUM TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Big Timber/Tyler Creek Interceptor Sewer Remedial Action for Contaminated Soils PURPOSE: This memorandum will provide the Mayor and Council with information to consider the subject remedial action. BACKGROUND: The Council has received several reports in the past concerning the contaminated soils found at the intersection of Big Timber Road and McLean Boulevard. The work, to date, has taken place directly south of the Amoco Station at the northeast corner of the intersection. Amoco has been paying for all of the costs associated with the disposal of petroleum contaminated soils and ground water. In anticipation of Amoco and/or Speedway denying responsibility for gasoline contamination within the Big Timber/McLean intersection and within the McLean right-of-way we requested that our contractor Szabo Contracting arrange for hazardous waste removal and disposal as a contingency. On June 1, 1992 we learned that the subcontractor to be utilized by Szabo was not certified by IEPA for hazardous waste work. We then turned immediately to the contractor working for Amoco, Mittelhauser Corporation for a proposal. Meetings were held on June 2 and 3, 1992 with the owner's representatives of the stations to again discuss responsibility. These meetings were attended by the IEPA and a member of the staff. Both of the stations continued to resist admitting responsibility for the petroleum product found in the intersection. By the end of the day on Wednesday, June 3, 1992, Szabo Construction reached the westerly property line of the Amoco Station. Once again Amoco declined to continue their mitigation of the soils and ground water. Because of the importance of meeting schedules promised to residents as part of the preconstruction meetings, the work which must follow this project and the closing of the McLean intersection it was decided that the City must proceed with mitigation of the Mayor and Members of the City Council June 4, 1992 Page 2 intersection of Big Timber and McLean. The costs of this mitigation work would then form the basis of a claim against both Amoco and Speedway. Direction was given to Mittelhauser to proceed with hazardous materials handling. FINANCIAL IMPACT: The estimated cost of the mitigation of soils at the intersection of McLean Boulevard and Big Timber Road is about $100,000. These moneys should be recaptured from one or both of the adjacent gas stations and moneys returned to the 1991 Bond Fund. This work could be funded from the 1991 Bond Fund (391-997-1920) . RECOMMENDATION: It is recommended that the City Council authorize the City Manager to sign a contract in the amount of $100, 000 with the Mittelhauser Corporation for the mitigation of the contaminated soil and ground water at the intersection of Big Timber Road and McLean Boulevard. It is further recommended that the staff be directed to keep the records necessary to recoup the costs of this mitigation from either/or Amoco and Speedway. 001.- A copy of the contract is attached for your consideration. 2141.1, City Manager do Attachment MITTELHAUSER corporation ell— CONTRACT 1. It is hereby agreed between MITTELHAUSER CORPORATION, an Illinois Corporation (herein called Mittelhauser) , and City of Elgin, Illinois (herein called Client) that Mittelhauser, as an independent contractor, furnish all services, equipment, materials, transportation and labor for the environmental services for ongoing sewer construction project on Big Timber Road hereinafter called the Work, located in Elgin, Illinois , in conformity with terms hereof and the following Contract Documents which are incorporated by reference and made a part hereof: Terms and Conditions Attachment A - Scope of Work Attachment B - Schedule of Rates, Expenses & Billing Terms Attachment C - Schedule of Insurance 2 . The Client agrees to reimburse Mittelhauser in accordance with Attachment B attached hereto and made a part hereof. 3 . Said Work to be commenced not later than June 1 1992 , and Mittelhauser shall endeavor to complete the Work not later than June 1 , 1993 . 4 . In the event that any provision in any Contract Document conflicts with any other contract provision, the more specific provision shall govern except as otherwise specifically stated. In the event there are any addenda, the addenda of the later date shall be given precedence. 5. The parties hereto have entered into this Agreement as of the day of , 19 City of Elgin By Title MITTELHAUSER CORPORATION By Ronald B. St. John, RG, CPG . [ Title Vice President Midwest Operations MITTELHAUSER corporation 111) TERMS AND CONDITIONS 1. Responsibilities of Client. Client shall, at its own expense and at such times as may be reasonably required by Mittelhauser for the successful and continuous prosecution of the Work, do the following: (i) Provide adequate space on or in the immediate vicinity of the Work site to accommodate Mittelhauser's needs; (ii) Provide and maintain suitable access to the work site for Mittelhauser's personnel, equipment and materials; (iii) Supply all permits and licenses required to be taken out in Client's name which are necessary to the completion of the Work; (iv) Appoint an individual hereafter referred to as "Client's Project Manager" who shall be authorized to act on behalf of Client and with whom Mittelhauser may consult at all reasonable times. 2 . Relationship of Parties. Mittelhauser is an independent contractor, and nothing contained herein shall be construed as A7, constituting any other relationship with Client, nor shall it be construed as creating any relationship whatsoever between Client and Mittelhauser's employees. Mittelhauser shall not be entitled, under this contract or otherwise, to any of the benefits under any employee benefit plan which Client or its affiliates or subsidiaries presently has in effect or may put into effect; nor will Mittelhauser be considered an employee for purposes of any tax or contribution levied by any federal, state or local government. Mittelhauser has sole authority and responsibility to hire, fire and otherwise control its employees, and neither Mittelhauser nor any of its employees are employees of Client. Mittelhauser agrees to comply with all laws, rules, regulations and ordinances applicable to it as an employer. 3 . Compensation. Client shall pay, and Mittelhauser shall accept in full consideration for the performance of the Work, the sum of the reimbursable costs shown in Attachment B. 4. Terms of Payment. Mittelhauser shall furnish Client twice a month a detailed original invoice of costs incurred by Mittelhauser in the preceding billing period. Mittelhauser shall keep daily time sheets for personnel and equipment specifying the individual names and types of equipment used in the Work, which may be inspected by Client at any reasonable time. Client shall make payment to Mittelhauser within thirty days from the date of invoice. Any amounts outstanding longer than 30 days will bear a All service charge at the rate of 1.5% per month. MITTELHAUSER corporation ri---- Terms and Conditions -2- 2004 :cntrct 5. Guarantees and Warranties. (a) Mittelhauser warrants and guarantees that: (i) The Services of Mittelhauser in performing the Work shall be performed with the care and skill ordinarily exercised by members of its profession under similar conditions in the same or similar location; (ii) The Work shall be free from defects in workmanship and design; (iii) With respect to all materials and equipment purchased from others which are used and installed by Mittelhauser, Mittelhauser makes no warranty or guarantee, but Mittelhauser shall make available to Client to the full extent of the terms thereof, such guarantees as are available from all vendors or subcontractors; (iv) The Work shall have clear title and be free of any and all liens, claims, demands and encumbrances; (v) The Wbrk and all designs, drawings and materials furnished to Client shall be free of any valid claims for infringement of any valid patent, registered trademark or copyright. (b) In the event there is any breach of the aforesaid warranties and guarantees and the same is reported to Mittelhauser by Client in writing at any time within twelve months after Client has accepted the Work, Mittelhauser shall, as soon as reasonably possible and, in any event, within ten days of receipt of said written notice, commence to remedy such defect and proceed diligently thereafter to complete such remedy. If Mittelhauser fails to commence to remedy the defect within such period of time or to proceed diligently to complete such remedy, Client may itself or by a third party undertake to remedy the defect and Client shall be entitled to reimbursement for the cost of remedying same. Mittelhauser shall have no obligation to remedy defects due to Client's failure to provide adequate information concerning the Work Site, changes in conditions over the passage of time, the presence of substances which are not discoverable based on the state of the art, the normal effect of corrosion or erosion, normal wear and tear, abnormal circumstances, other circumstances beyond the state of the art, or other circumstances unknown to Mittelhauser at this time which may be discovered by Mittelhauser during the course of the work and set forth in Mitteihauser's report to Client. Mittelhauser shall not be liable under any circumstances for loss of profits, loss of product, consequential damages of any kind, indirect damages of any kind or special damages of any kind to Client or to any third party. MITTELHAUSER corporation Terms and Conditions -3- 2004 •cntrct (c) Except as expressly stated above, there are no guarantees or warranties applicable to the Work. The above guarantees and warranties are in lieu of any and all other guarantees and warranties, whether express or implied. 6. Confidential Information. In the performance of the Work, either party may be exposed to the confidential information of the other. Neither party shall disclose to anyone not employed by it nor use, except in connection with the Work, any such confidential information acquired by it in the performance of the Work except as authorized by the other party in writing. Regardless of the term of this contract, each party shall be bound by this obligation until such time as such confidential information shall become part of the public domain. Confidential information shall clearly be identified as such. 7. Insurance. Mittelhauser currently maintains the insurance coverage described in Attachment C. This level and type of coverage will be maintained during the duration of the contract, subject to commercial availability and reasonably similar cost. 8. Risk of Loss. During the term of this contract, Mittelhauser shall be responsible for and shall bear all risk of damage to or loss of all materials, equipment, tools, supplies and all other items connected with the Work, including all of the foregoing while in transit, until such time as Mittelhauser Corporation has issued its final invoice for the Work covered by this contract. 9. Indemnity. Mittelhauser agrees to indemnify and save Client harmless from any and all claims, demands, causes of action and judgments for injuries (including death resulting therefrom) , to the person or property of any third person during the performance of the Work and arising out of or in anyway connected with Mittelhauser's performance hereunder, unless due to the negligence or fault of Client or others. Mittelhauser shall be responsible for damage or loss to property of Client which occurs during the performance of the Work and which is due to any negligent act or omission of Mittelhauser or of its agents or employees or subcontractors or of subcontractors' agents or employees in connection with the performance by Mittelhauser of the Work, except to the extent that any such loss or damage is covered by Client's fire and extended coverage insurance or other insurance. 10. Compliance with Laws and Regulations. Mittelhauser agrees to comply with any and all federal, state and local laws and valid rules or regulations of any legally constituted authority, including any and all labor laws and regulations thereunder and agrees to indemnify, protect and hold client harmless from and MITTELHAUSER corporation ri________ Terms and Conditions -4- 2004 :cntrct against any and all loss, damage, expense or penalty arising from any violation by Mittelhauser or its agents of any of the aforementioned laws or authorities. 11. Default. If Mittelhauser commits a default in any of the provisions of this contract which would have the effect of denying to Client a material part of its bargain hereunder, Client may give written notice to Mittelhauser stating the respect or respects in which it is in default. If Mittelhauser does not within ten days after such notice, commence to remedy such default and continue with diligence thereafter to complete such remedy, then Client shall have the right to terminate this contract regardless of the state of its completion and, at its option, may award the unfinished contract to another contractor or perform all or any part thereof itself. In the event of such termination, Client shall pay Mittelhauser all of the costs provided for in Paragraph 3 based on that portion of the Work completed and shall pay for materials, supplies or equipment which are in transit or under commitment and which are intended to become a permanent part of said work. 12. Consequential and Punitive Damages. Mittelhauser shall not be liable under any circumstances for loss of profits, loss of product, consequential damages of any kind, indirect damages of any kind or special damages of any kind to client or to any third party. No punitive or exemplary damages of any kind shall be recoverable against Mittelhauser under any circumstances. 13 . Termination by Client. Client may terminate the Work under this contract other than by reason of Mittelhauser's default, at any time, by sending written notice thereof to Mittelhauser ten days in advance of the termination date. Upon such termination, Client shall pay Mittelhauser for the work performed to and including the date of termination. In addition, Client shall pay Mittelhauser for any materials, supplies or equipment which are in transit or under commitment and which were intended to become a permanent part of the Work. In addition, Client shall pay Mittelhauser a termination charge which, in the absence of agreement to the contrary, shall be ten percent of the amount which would be required to compensate Mittelhauser for completing the Work. 14. Force Majeure. A delay in, or failure of, performance of either party hereto shall not constitute a default hereunder or give rise to any claim for damage if and to the extent such delay or failure is caused by (an) occurrence(s) beyond the control of the party affected, including, but not limited to, act(s) of God, or the public enemy, expropriation or confiscation of facilities or compliance with any order or request of governmental authority or person(s) purporting to act therefore affecting to a degree not presently existing the supply, availability, or use of engineering MITTELHAUSER corporation Terms and Conditions -5- 2004 :cntrct personnel or equipment, act(s) of war, public disorder(s) , insurrection(s) , rebellion(s) , or sabotage, flood(s) , riot(s) , strike(s) , or any cause(s) , whether or riot of the class or kind of those specifically named above, not within the reasonable control of the party affected, and which, by the exercise of reasonable diligence, said party is unable to prevent. A party who is prevented from performing for any reason shall immediately notify the other party in writing of the cause of such non-performance and the anticipated extent of the delay. 15. Environmental Liability. Client will indemnify, defend and hold Mittelhauser harmless from and against any and all loss, damage, costs and expenses, including attorneys fees, from third party claims, demands and causes of action arising or claimed to arise from violations by Client of the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response Compensation and Liability Act, as amended, the Toxic Substances Control Act, as amended, and other environmental laws, rules and regulations relating to the existence, generation of, current or future ownership, storage, transport or disposal of pre-existing hazardous substances and wastes, but this indemnity shall not cover such loss, damage, cost or expense arising from Mittelhauser's proven negligence in performing the Work under this Agreement. For purposes of this Agreement, a pre-existing hazardous substance is any hazardous substance or hazardous waste to be removed or handled by Mittelhauser as part of the work, such substance or waste having been generated by Client or existing on Client's premises prior to the date of this Agreement. 16. Audit. Client shall have the right during the course of the Work and until one year after acceptance of the Work to audit Mittelhauser's books and records relating to the costs to be reimbursed pursuant to Article 3 . Mittelhauser shall, during the progress of the Work, provide Client with satisfactory evidence of payment for and records of receipt of materials, supplies and equipment as soon as they become available and are presented for payment, together with such other data as Client may reasonably request. 17. Remedies. The obligations and remedies provided herein are exclusive and in lieu of any other rights or remedies available at law or in equity. 18. Waiver. Any failure to enforce or any waiver on the part of Mittelhauser or Client of any term, provision or condition of this contract shall not constitute a precedent nor bind either party hereto to waiver of any succeeding breach of this contract or any other term, provision or condition of this contract. • MITTELHAUSER corporation epl________ Terms and Conditions -6- 2004 :cntrct 19. Notices. Notices required by the terms of this contract shall be in writing and shall be mailed by registered or certified mail to the following addresses, provided that each party retains the right to change such address by written notice to the other: MITTELHAUSER CORPORATION CLIENT: City of Elgin 1240 Iroquois Drive 150 Dexter Court Suite 102 Elgin, Illinois 60120-5555 Naperville, IL 60563 20. Miscellaneous. This Agreement constitutes the entire agreement between the parties and shall supersede all other agreements and representations made prior to the date hereof. No amendments to this contract or changes in the scope of the Work shall be valid unless made in writing and signed by the parties. This contract shall be governed and construed in accordance with the laws of the State of Illinois, except for any choice of law rule which would require application of the law of another state. The captions in this contract are for purposes of convenience only and form no part of this contract. In no event shall they be deemed to limit or modify the text of this contract. The invalidity or unenforceability of any portion(s) or provision(s) of this contract shall in no way affect the validity or enforceability of any other portion(s) or provision(s) hereof. Any invalid or unenforceable provision(s) shall be severed from the contract and the balance of the contract shall be construed and enforced as if the contract did not contain a particular portion(s) or provision(s) held to be invalid or unenforceable. MITTELHAUSER corporation 11) ATTACHMENT A PROPOSAL FOR ENVIRONMENTAL SERVICES FOR CITY OF ELGIN SEWER CONSTRUCTION PROJECT BIG TIMBER ROAD ELGIN, ILLINOIS 1.0 BACKGROUND On May 1, 1992 petroleum-impacted water and vapors were detected entering the trench for the new sewer along Big Timber Road immediately south of an Amoco service station. Amoco contacted Mittelhauser Corporation with instructions to collect a water sample from the trench for benzene, ethylbenzene, toluene, total xylenes, and methyl-tertiary butyl ether analyses (BETX and MTBE) . The analytical results indicate that the water sample contains benzene and total BETX concentrations which exceed the IEPA cleanup objectives for groundwater. The City of Elgin (Elgin) has requested a proposal from Mittelhauser Corporation (Mittelhauser) to conduct air monitoring for explosive conditions and volatile organic compounds in a trench excavated for the construction of a sewer line along Big Timber Road in Elgin, Illinois. Additionally, Mittelhauser will manage the disposal of hydrocarbon-impacted soils and groundwater and will assist the sewer construction contractor in mitigating vapors which may enter the trench during construction activities. Mittelhauser will assist Elgin in determining the best course of action to minimize the safety risks associated with the continued excavation and sewer installation. The City of Elgin is constructing the new 5-foot diameter sewer line along Big Timber Road, beginning at the intersection of Big Timber Road and McLean Boulevard in Elgin, Illinois. Sewer construction will continue west to Randall Road. Mittelhauser involvement in the project will cease when construction progress reaches a point where the evidence of hydrocarbon-impacted soils and groundwater is absent, or until otherwise instructed by Elgin. MITTELHAUSER corporation Proposal -2- June 1992 City of Elgin 2004ac 2.0 OBJECTIVES The primary objectives of the proposed work are as follows: 1. Monitor the atmosphere in the manways of subsurface utilities in the vicinity of the site for volatile organic compounds. 2. Monitor the atmosphere in the sewer trench for explosive conditions and volatile organic compounds during construction activities. Mittelhauser personnel will act in an advisory capacity only. The decision to enter the trench will be made by the sewer construction contractor. 3 . Manage the disposal of hydrocarbon-impacted soils and groundwater. 3 .0 SCOPE OF WORK 3 . 1 VOC SURVEY OF SUBSURFACE UTILITIES The atmosphere in the manways of subsurface utilities in the vicinity of the site will be measured for the presence of VOCs using a HNU photoionizing detector with a 10. 2 eV probe. 3 .2 MONITORING OF ATMOSPHERE IN SEWER TRENCH Mittelhauser personnel will monitor the atmosphere for both explosive conditions and volatile organic compounds in the trench for the new sewer line under construction along Big Timber Road. Mittelhauser will act in an advisory capacity only during trenching activities. It is anticipated that the work will take approximately two weeks to complete. 3.3 SOILS AND GROUNDWATER DISPOSAL Mittelhauser will prepare documents and collect a soil sample for landfill disposal of hydrocarbon-impacted soils. Mittelhauser will manage subcontractors for the disposal of both soils and groundwater from the site. 3 .4 STATUS LETTER REPORT A letter report to the City of Elgin will be prepared at the conclusion of the project. The report will include the results of the vapor monitoring program and a short description of site activities performed during the project. MITTELHAUSER corporation Proposal -3- June 1992 City of Elgin 2004ac 4.0 COSTS Mittelhauser Corporation's anticipated charges for professional services, equipment, and subcontractor costs are detailed in the following Cost Estimate (Section 4 . 1) . The costs listed are based on a duration of two weeks for field activities. It is assumed that the equipment and labor required to excavate soils from the trench will be provided by the sewer construction contractor. Actual charges will be on a time-and-materials basis in conformity with terms listed in Attachment B - Schedule of Rates and Expenses of the contract entered between Mittelhauser Corporation and the City of Elgin for the purpose of executing the work described in this proposal. 4. 1 COST ESTIMATE Professional Services: Landfill disposal documentation $ 500. 00 Air monitoring, manifest management, subcontractor scheduling and oversight $ 6, 000. 00 Project management and reporting $ 2, 500. 00 Equipment and Expenses: Air monitoring equipment: HNU and Explosimeter $ 900. 00 Van and Miscellaneous $ 1,200.00 Subcontractor Services: Soils Cartage and Disposal: Assume 2, 000 cu. yds. @ $40. 00 per cu. yd. $ 80, 000. 00 Soil analysis for landfill disposal $ 425. 00 Water Disposal: Assume 50, 000 gallons @ $0.40 per gal $ 20, 000.00 Total $111, 525.00 MITTELHAUSER corporation ATTACHMENT B MITTELHAUSER CORPORATION SCHEDULE OF RATES, EXPENSES & BILLING TERMS CATEGORY HOURLY RATE OFFICER/GENERAL MANAGER/DIRECTOR $125-180 DEPARTMENT MANAGER 1 OR 2 95-145 SENIOR PROJECT MANAGER 95-135 PROJECT MANAGER 1 OR 2 85-125 PRINCIPAL ENGINEER/SCIENTIST/CONSULTANT 95-135 SENIOR ENGINEER/SCIENTIST/GEOLOGIST 1 OR 2 70-110 SR. TOXICOLOGIST/TOXICOLOGIST 80-105 PROJECT GEOLOGIST/HYDROGEOLOGIST 55-90 STAFF GEOLOGIST/HYDROGEOLOGIST 1 OR 2 50-80 ENGINEER/SCIENTIST 1 OR 2 50-80 REMEDIATION OPERS. MGR. 85-125 REMEDIATION FIELD MGR. 50-85 SENIOR TECHNICIAN 40-60 TECHNICIAN 1 OR 2 30-55 PRINCIPAL DESIGNER/DESIGN SUPERVISOR 55-80 SENIOR DESIGNER 45-60 DESIGNER/SENIOR DRAFTER 35-50 DRAFTER 30-45 PROGRAM ANALYST 85-110 PROJECT ACCOUNTANT 45-70 ADMIN. SVCS. MANAGER/PROJECT SUPPORT 50-65 EXECUTIVE SECRETARY 50-65 SR. SECRETARY 35-55 SECRETARY/CLERK 25-40 EXPENSES COST BASIS TRAVEL, LODGING, MEALS ACTUAL COST PLUS 10% & OTHER TRIP COSTS LOCAL TRAVEL 27 . 5 CENTS/MILE EXPRESS MAIL ACTUAL COST PLUS 10% MAJOR REPRODUCTION COST PLUS 10% TELEPHONE, MAIL & OFFICE COPYING 1. 1% OF PROF. SERV. & EXPENSES COMPUTER SERVICES 1. 8% OF PROF. SERV. & EXPENSES PROFESSIONAL LIABILITY & 1. 7% OF PROF. SERV. POLLUTION LIABILITY INSURANCE & EXPENSES LABORATORY SERVICES COST PLUS 10% SUBCONTRACTORS COST PLUS 10% PURCHASED MATERIALS COST PLUS 10% FIELD EQUIPMENT RENTAL SEE SEPARATE SCHDL. 3/01/92 -1- AGREE(Ratesl) MITTELHAUSER corporation I70 INVOICING Mittelhauser will invoice up to twice monthly for time and materials contracts. Fixed price contracts will be invoiced in accordance with a payment schedule negotiated with each contract. For field remediation projects, estimated subcontractors costs may be invoiced separately at the beginning of each billing period for the work performed during that period. Actual versus invoiced charges will be reconciled at the end of each period. PAYMENT TERMS All invoices are due thirty days from the invoice date. Amounts outstanding longer than 30 days will be assessed a service charge of 1.5% per month. RATES EFFECTIVE THROUGH JUNE 30, 1992 BILLING RATES FOR INDIVIDUAL MITTELHAUSER EMPLOYEES ARE ADJUSTED TWICE A YEAR ON JANUARY 1ST AND JULY 1ST TO ACCOUNT FOR COMPENSATION ADJUSTMENTS. 3/01/92 -2- AGREE(Ratesl) • REVISED: Secrember 26.1991 rMITTELHAUSER CORPORATION SCHEDULE OF EQUIPMENT BILLING RATES Rate(5) Equipment Daily Weekly Monthly I. PROTECTIVE CLOTHING AND EQUIPMENT EPA Level A Protection or Equivalent 360.00 1440.00 5047.00 EPA Level B Protection or Equivalent with Tyvek Suit 205.00 820.00 2890.00 with Saran-coated Suit 230.00 930.00 3250.00 with Acid Suit 310.00 1240.00 4330.00 EPA Level C Protection or Equivalent with Tyvek suit . 85.00 330.00 1150.00 with Saran-coated Suit 110.00 430.00 1510.00 with Acid Suit 185.00 740.00 2600.00 EPA Level D Protection 15.00 60.00 220.00 Latex gloves (100/bx) 15.00 Solvex gloves (dz/bx) 25.00 12'or 14" PVC gloves(dz/bx) 50.00 Tyvek Disposable Suits (25/bx) 85.00 Saran-coated Disposable Suits(25/bx) 310.00 Nomex Suits 20.00 80.00 290.00 Chem-Resist Goggles 5.00 • Safety Glasses 5.00 Safety Shields CL 5.00 rilik Safety Shield Brackets 5.00 Removable Side Shields(10/bx) 5.00 Breathing Air(Grade D) Quoted Per Occurrence Respirator Cartridges 7500-1 OV(6/bx) 20.00 7500-3 OV/AG (6/bx) 20.00 7500-8 HF(4/bx) 15.00 Setf-Contained Breathing Apparatus 105.00 410.00 1440.00 Additional Bottles for SCBA 10.00 40.00 140.00 Full-face Respirator w13 cartridge changes/day 25.00 130.00 510.00 Half-face Respirator w/3 cartridge changes/day 25.00 130.00 510.00 II. MOBILE ANALYTICAL EQUIPMENT • Orion SA 250 pH Meter 25.00 100.00 360.00 YSI Temperature/Conductivity Meter 20.00 80.00 390.00 Horiba U-7 Water Quality Meter 40.00 160.00 580.00 Century OVA-FID, Model 128 w/GC 130.00 520.00 1800.00 Century OVA- FID. Model 128 105.00 410.00 1440.00 Photovac OVA- PID, Model TIP I 90.00 350.00 1230.00 HNU Gas Analyzer, Model P 1101 90.00 350.00 1230.00 Monotox (HCN Analyzer) 25.00 100.00 360.00 Gastech Tri-meter Model GX-82 50.00 210.00 720.00 (%°2, LEL, H2Sppm) Draeger Bellows Pump Model C31 20.00 80.00 290.00 MSA Explosimeter-2A 25.00 100.00 360.00 %Oxygen Analyzer 25.00 100.00 360.00 r RATES:P,ates6 MITTELHAUSER corporation I ATTACHMENT C MITTELHAUSER CORPORATION SCHEDULE OF INSURANCE Mittelhauser Corporation maintains the insurance described below and will provide certificates evidencing such insurance, if requested by Client. (1) Workers' Compensation, as prescribed by applicable law, and Employers' Liability with a limit of $1, 000, 000 per injury or death per accident. (2) Comprehensive General Liability (Bodily Injury and Property Damage Insurance) - Insurance which has limits of liability not less than $1,000,000 combined single limit per occurrence with no general aggregate including, Personal Injury Liability. (3) Excess Liability - Follows form of the Comprehensive General Liability policy and provides $4, 000, 000 per occurrence and as an annual aggregate. (4) Automobile Bodily Injury and Property Damage Liability Insurance - Such insurance is Broad Form and extends to owned, non-owned, and hired automobiles used in the performance of the Work. The limit of liability for such insurance is not less than $1, 000, 000 combined single limit per occurrence. (5) Professional Liability Insurance, (Claims made) - The limit of liability for such insurance is $1, 000, 000 per claim and $1, 000, 000 aggregate. (6) Contractors Pollution Liability Insurance, (Claims Made) - The limits are $1, 000, 000 per occurrence with a $2 , 000, 000 annual aggregate. p2004:cntrct