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& BURGESS NIPLE

Mr. Keith Benjamin Directorof CommunityServices City of SouthEuchd 1349SouthGreenRoad SouthEuclid,OH 44121

Re:

No. Proposal 07-l110 (revised) VAP Investigation Services, Professional CedarCenterMall SouthEuclid,Ohio

December 21,2007 Dear Mr. Benjamin:
B u r g e s s& N i p l e , l n c . 1300 East Ninth Street srrte612 C l e v e l a n d ,O t l r l 4 1 l 4 I 216 2'1 9600 Fax 216 2412524

to Burgess Niple, Inc. (B&N) is pleased submitthis Proposal response your verbal & to in request provideprofessional to services the City of SouthEuclid (Ciry) for the above to properfy. The City is seekingfurther Ohio EnvironmentalProtectionAgency referenced (EPA) VoluntaryAction Program(VAP) Phase and Phase PropertyAssessments, I II projectoversight, and regulatory the of assistance concerning redevelopment the Cedar CenterPlaza. It is understood that the City is working with the Coral Company and the CuyahogaCounty Departmentof Development(CCDOD) in financing this work through a forgivableloan. T'hisProposal beingsubmitted is of based the conclusions recommendations the on and 2006 Plnse I EnvironntentalSiteAssessntent the 2007 Linited PhaseII Environmentul and performedfor the referenced property. As noted in the PhaseI Si/e lssessnrerrl (ESA), historicand adjacent posea Environmental SiteAssessment facility operations potential impact to soil and/or groundwater and beneaththe referenced properfy. The on potentialimpactsmay include,but arenot limrtedto: petroleum and chlorinated solvent compounds.The Phase ESA venfied that chlonnated II solvents present the soil and in are groundwaterat the propertybut the extentof the impact is not yet known. As indicated duringvariouscommunications, City wishesto progress a staged in the approachto address redevelopment the CedarCenterMall preparationfor future the of redevelopment the City. The CedarCenterPlazaconsists approximately140,000 by of square feetof burldingspace and rncludes approximately differentaddresses. 30 will be to performan inspection the Specifically, first phase the projectactivities the of of plazabuildingsfor asbestos-containing materials, otherpotentiallyhazardous chemicals paint. This inspection prior to demolitionwork. Next, and leadbased must be performed performedin order to comply with additionalPhaseII environmentalsamplingwill be submissionof an Ohio VAP No Further Action (NFA) letter. It should be noted that the first stepsof the PhaseII ProperfyAssessment were completedunder CCDOD funding. Moreover, thereare still a numberof unknown subsurface conditionswith respectto soil and groundwaterimpactsfrom hrstoricaidry cleaningoperationson the Properrythat cannotbe investigated until at leasta portion of the building is removed. Therefore,we haveprovidedan estimate the Phase PropertyAssessment of II based on scopeof services hor.vever. extentof unknown subsurface our experience; the impactsmay require additronal investrgatrons.Ise of the VAP rvill allow the Crty an opportunityto apply for I subsurface CCDOD Brownfield fundins fbr cleanup costs.if necessary.
2

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SCOPE SERVICES OF
Specifically, B&N rvill complete scopeof work identifiedas follows: the

A.

Perform an Asbestos/Chemical Hazard Survey of the Building 450 samples analysis asbestosSubmitapproximately for of (ACM). Results the analyses wrll be listed containing material of by address, materialtype (i.e floor tile, etc.)quantityand an estimatefor remediationcosts. Recommendations proper for will be included. handlingof the materials Clonduct surveyof other suspect a hazardous materialsincluding potentialmercury containingfluorescentlamps,polychlonnated Biphenyls(PCB) containing light ballasts, and potentialleadbased paint. Approximately paint samples will be analyzed lead for 30 will be dismantled and approximately 10% of the light ballasts to checkfor PCBs.
a J.

A separate reportwill be providedincludingall of the above information that will include budgetestimates removal or for remediation anv asbestos containins materials other or of chemicals.

B.

Ohio VAP PhaseII Property Assessment L property with the Cify, Conducta reconnaissance the referenced of (ODOT), and State CCDOD, Ohio Departmentof Transportation ofOhio representatives purposes for ofdiscussing projectand the redevelopment tasks. Advance20 additionalsoil borings,utilizing directpush (i.e.,Geoprobe@), collectcontinuous technology and soil samples (bgs) andior first encountered to 30 feet below ground surface groundwater. Screeneach2-foot interval of soil for volatile organic compounds (VOCs) usinga photoionization (PID). One soil sample detector from eachboring will be analyzed basedon PID readings, discolorations and/orproximrty to groundwater.
A a.

Installeight2-inch Schedule Polyvinyl Chloride(PVC) 40 groundwater monitoring wells in areasindicating potential impact. will During well installation, continuous split spoonsoil samples groundwater. be collectedto 30 feet bgs and/or first encountered purgedand sampled. Wells will be properlydeveloped,

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5.

(i.e.,includes Submit24 soil samples two duplicate samples) and (i.e.,includes 10 groundwater samples one duplicate) Belmont to Laboratories analysis.Specificanalyses for wrll includetotal petroleum (TPH), includingthe TPH gasoline hydrocarbons range (GRO and DRO) using EPA and dieselrangeorganics (PAHs) by EPA Method 80l5polynuclear aromatichydrocarbons Method 8270,15 Ohio EPA VAP metalsby EPA Method 6000/7000 series, and VOCs by EPA Method 8260. One composite purgedwatersample soil sampleand one composite will be collected and analyzed drummedinvestigative for waste disposal characteristics.

C.

Ohio VAP PhaseI Property Assessment B&N will preparea PhaseI PropertyAssessment the Properfyin for conformance with the Ohio VAP protocoloutlinedunderthe Ohio Administrative Code (OAC) 3745-300-06. Preparation the PhaseI of Property Assessment includecompleting following work items: will the
l.

Summarizethe review of environmental reportsand documentation availablefrom the Citv: File review of Ohio EPA and the Bureauof Underground Storage (BUSTR) records, Tank Regulations Submittalof a Freedom Information of Act (FOIA) request the to U.S. EPA, and review of available environmental files; Reviewofaerial photography Sanbommaps; and Evaluation hazardous of materials use,storage, disposal and practrces; Propertywalkover; with key personnel Interviews knowledgeable historic of operations;

2.

3.

4.

8.

Procurement and evaluationof an areaenvironmentaldatabase: and Preparation a VAP PhaseI Propert-yof Assessment report, which includes evaluation the eligibility requirements an of underthe VAP, determinationof Identified Areas (IAs) on the Properfy, revie'uv a legal description of and chainof title (both to be provided by the City), and recommendations perform a VAP PhaseII to ESA. The Phase reportwill be completed I towardsthe end of the Phase process asnot to requirean updateif not submitted II so withln 180daysof completion.

9.

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D.

(if Risk Assessment necessary) l. exposure Conducta humanhealthrisk evaluation applicable for pathways residential commercial for and land usebasedon Ohio protocol(OAC 3745-300-09). EPA VAP regulatory Prepare risk assessment a as document requiredunderthe Ohio VAP, which wrll includea pathwaycompleteness determination and evaluationofthe nsk basedon current and future land use and potential will exposed receptors. The nsk assessment be included as an appendixto the PhaseII PropertyAssessment report.

2.

E.

Meetings with City It will be expected that B&N will meetwith the City of six occasions discuss to progress concems and schedules. Thesemeetings assumed includethe are to proposed developer discuss to land useand development cost-effective of solutions.

F.

NFA Letter Assumingthe properfywill meetOhro EPA VAP applicable B&N will standards. preparean NFA letter,and associated appendices, submrttalto Ohio EPA for for properrevlew and approval.A VAP Covenant Not to Suewill be requiredfor this site.

II.

SCHEDULE

'The expected durationof the Ohio VAP Phase activities II throughcompletion an NFA of letteris approximately 250 business days,lessany unexpected delays. III. PROFESSIONAL FEES

B&N will provide the services outlinedaboveon an hourly ratebasisplus reimbursable for expenses the following not-to-exceed fees. Reimbursable expenses defined as are reasonable out-of-pocket costsattributable services to suchas travel,subsistence, (Attachments and 2). technology charges, reproductron and I Descriptionof Work Not-toExceedFee

A. B. C.
D. E. F.

ACM andHazardous Materials Survey OhioVAP Phase Property lI Assessment OhioVAP PhaseProoertv I Assessmenl
Risk Assessment, needed if Meetingswith Ciry NFA l.etter

$22,000 $70,000 56.000

s30,000 s9,000 $25,000
$1 6 2 , 0 0 0

Decernber 2007 21, Page 5

lnvoiceswill be issued monthiyand arepayable upon receipt. A financechargeof 1.5percent monthwill be addedto anv amountunnaid 45 dayspastthe invoicedate. per

IV.

SERVICES PROVIDEDBY THE CITY

It is agreedthe City will provide:

A.

Unintemrptedaccess the project areafor designand constructron to activities.

v.

ADDITIONAL SERVICES

AdditionalServices described this Proposal not in will be performedpursuant an agreed to upon Scopeof Services professional and fee. Examples AdditionalServices of not descnbed this Proposal in include,but arenot limited to, additionalsoil or watertesting, additionalsite visits,construction services duringremediation, meetings.In addition, and if the lateral and vertical extentof impactedsoil and groundwateris more extensiveor discussions with Ohio EPA on rule interpretation requireadditionalsubsurface investigation beyondthe proposed Scopeof Work herein,the additionalwork would requirean approval the City. by

W.

STANDARDOF PERFORMANCE
A. Professional Services B&N shall perform its servicesin accordance with the standards such for professional services which prevailin the areain which, and at the time that,thoseservices rendered.No warranty,guarantee, are or representation, eitherexpress implied,is includedor intended any or rn plans,specifications, materials, provided designs, reports,or otherservices by B&N.

B.

Insurance The insurance maintained B&N is summarized bv below: B&N shallcomply with all Workers'Compensation laws and,if required, providecertificates coverage connection of in with this Agreement. Dunng the term of thrs AgreementB&N wili maintain in full force and effectthe following insurance coverages will provideto and the Ciry certificates confirmingsuchcoverage, upon request:
4.

Publicliabiliry and automobileliability insurance an in amountnot lessthan $500,000 account on ofany one accident occurrence. or

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b.

Properfydamageliabiliry insurancein an amount not less ofany one accident on than $500,000 damages account for or occurTence. Excess Liability Umbrellaform for bodily injury and properfydamage an amountnot lessthan $15,000,000. in in liability insurance an amountnot lessthan Professional on for damages accountof any claimsfor 55,000,000 or negligent acts. errors. omissions.

c.

d.

C.

Client Responsibility The Cify will providesiteaccess B&N includingclosingor providing to traffic controlon the access ramp on the day(s)of the siteinvestigation. (IDW) (i.e.,soil DerivedWastes The City willdispose of any Investigation and r,vater) resultingfrom the drilling and samplingof the soils and ground water. The costsfor this disposal not includedin this Proposal; are It ho'"vever, feesto categorize wastes rncluded. is anticipated the are the will be incorporated the fill soil into that the costof the IDW disposal contract. 'the agents, and City will indemnifyB&N and their consultants, directand damages, losses and expenses, employees against claims, all (includingbut not limited to feesand indirect,or consequential damages costs)arisingout of or charges attorneys of and courtand arbitration providedby resultingfrom any actsor omissions or any information of, the City, its agents, contractors, includingwithout limrtation: or 1. of the actual,alleged, threatened or discharge, dispersal, escape or pollutants, contamination, hazardous materials, or environmental waste(collectively, "pollutants") the City; by any govemmentalor regulatorydirective or requestthat B&N or anyoneactingunderB&N's directionor controltestfor, monitor, pollutants cleanup, remove,contain,treat,detoxify,or neutralize on or from propertyowned by the Cify;

2.

The foregoingindemnificationby the City will not apply to the extent that act any claimsor damages ariseout of any neghgent intentional or or omissionof B&N. VII. VALIDITY AND RESPONSE

30, Thrs Proposal valid ifauthorizedon or beforeJanuary 2008. is If you are in accordwith the preceding outline,please acknowledge signingrvhere by a indicated belolv and retum one copy to us fcrrour files,or by rssuing purchase orderthat

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acknowledges contract the conditions herein,and that the work will be donern stated with this Proposal. accordance We appreciate opportunityto submit this Proposaland look forward to working with the you. We will be avarlableat any time to discussthe Proposalwith you and are preparedto begin the projectimmediately upon your authorization. Respectfully, B U R G E S S& N I P L E . I N C .

CITY OF SOUTH ET]CLID,OHIO

Thomas Mignery, JY

Vice Frb3ident

Date

MGII:cmc Attachments copy: Ms. LauraClark,CCDOD Ms. Karen M. Johnston, The Coral Company Ms. MelissaHanev.B&N