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Enviromental Assessment ProposalEnvironmental Assessment Proposal ( #30882) Proposed Business Park Properties Blair, Nebraska Omaha, NE June 11, 2010 Thiele Geotech, Inc. (TG) is pleased to submit our proposal for a Phase I Environmental Site Assessment (ESA) for your project sites in Blair, Nebraska. The following sections detail our understanding of the project, our proposed scope of services, and the estimated cost of the study. A fee schedule for the project is attached in Exhibit A and the contract terms are attached in Exhibit B. This proposal will be held open for a period of 45 days from the above date. PROPERTY DESCRIPTION It is our understanding that you are an completing application for the City of Blair for the Certified Community program and will need to have a Phase I ESA completed for the proposed business park locations. The North Business Park is located northeast of the intersection of East 4 th Street and Dixon Road and contains approximately 620 acres of agricultural land. The South Business Park consists of approximately 171 acres of agricultural land located between Highway 75, on the south, and Union Pacific, on the north, in the southeast quadrant of the City of Blair. SCOPE OF SERVICES Our proposed Phase I ESA will consist of a records review of the property and surrounding area, site reconnaissance, interviews, and a written report. The scope of services is intended to conform to ASTM E 1527 -05, the new format for conducting "all appropriate inquiry ". These services include a determination as to whether a potential vapor intrusion condition may be present on site. These additional services are intended to conform to the Tier 1 assessment of the newly published ASTM E 2600 -08 Standard for Assessment of Vapor Intrusion into Structures on Property Involved in Real Estate Transactions. The records review will attempt to obtain and review records that will help identify recognized environmental conditions in connection with the property from current and historical uses. This review will be conducted by examining available topographic or geologic maps and reports; aerial photographs (if available); public records that are properly filed regarding permits, land use restrictions, activity use limitations, spills, underground storage tanks, landfills, and hazardous substance /waste sites; and other government records. A chain of title of former owners may be required in order to complete the historical research for the site. A review of title documents will be conducted in order to identify any environmental lien or activity use limitations that may be associated with the site. According to ASTM E 1527 -05, it is the user's responsibility to provide title documents to the environmental professional for this review. These may be in form of a Commitment for Title Insurance, a title search, an abstract opinion, or other review that searches for liens and restrictions. These documents must be dated within 180 days of the Phase I ESA. The site reconnaissance will consist of a visual investigation of the area. It will include a walkover of the entire site, accessible areas in the interiors of the buildings, and adjacent public thoroughfares. The presence of existing structures will be noted, along with evidence of below grade tanks, distressed vegetation (if possible), signs or evidence of hazardous substances /wastes or petroleum products, presence of waste or rubble, and evidence of illegal or questionable disposal practices. An attempt will be made to define the current and past uses of the property, the adjoining properties, and the surrounding area. The new format requires a user questionnaire be completed by all users of the report. In addition to interviewing the user of the report, the current owners /occupants of the property will be contacted to obtain information in an attempt to identify recognized environmental conditions in connection with the property. Attempts will also be made to contact past owners /occupants. T h i e I e G e o t e c h I n c Environmental Assessment Proposal June 11, 2010 Proposed Business Park Properties, Proposal # 30882 Page 2 of 2 Our report will include documentation to support the analysis, opinions, and conclusions. The report will attempt to characterize recognized environmental conditions on the property and to assess potential environmental concerns caused by adjoining and /or nearby properties. The report will be based only upon information obtained and observations made during the course of the records review, site reconnaissance, and interviews described above. In conducting this study, we may review and interpret information provided by third parties, including government agencies and private firms. An independent evaluation of the accuracy or completeness of such information will not be conducted. The scope of services will not include an analysis or determination as to whether the client or site occupant is in compliance with federal, state, or local laws, statues, ordinances, or regulations. These services also do not include identification or evaluation of asbestos, radon, mold, lead based paint, endangered species, historical or archeological resources, or wetlands. This study specifically excludes testing for the presence of hazardous substances, hazardous materials, hazardous wastes, petroleum, or polychlorinated biphenyls (PCBs). ESTIMATED COST & SCHEDULE Based on the indicated work scope, the cost for each Phase I ESA is $1,600. The maximum amount of $3,200 will not be exceeded unless additional work is authorized by you. With regard to the Phase I ESA, it does not appear that a chain of title will be necessary for this investigation. If the other historical sources do not provide sufficient information regarding past uses, then a chain of title may be warranted. An estimate cost will be provided to you for your approval if a chain is required. In addition, if you wish us to obtain title information for the environmental lien search, we would be happy to provide an estimate cost to you. Approximately 3 weeks from your notice to proceed will be required to complete the study. The schedule is somewhat dependent on weather, site access conditions, and other factors. If this proposed schedule does not meet your project requirements, we would be happy to discuss alternate schedules. ADDITIONAL SERVICES Subsequent to completion of the Phase I report, additional services are often required that are not included in the above estimate. These include consultation with the owner /developer or a possible Phase II ESA. If we are requested to provide additional services including, but not limited to the above, you will be billed in accordance with Exhibit A - Fee Schedule. We would be happy to provide cost estimates for any additional services at your request. EXHIBITS Exhibit A - Fee Schedule Exhibit B - General Conditions THIELE GEOTECH, INC By: Donna S. Matlock, P.G., CHMM 13478 Chandler Road Omaha, Nebraska 68138 -3716 402/556 -2171 Fax 402/556 -7831 Phone:' u - V Y Fax: x V( T h i e l e G e o t e c h 1 n c Environmental Assessment Proposal Proposed Business Park Properties, Proposal # 30882 FEE SCHEDULE PROFESSIONAL SERVICES Principal Engineer $175.00/hr. Senior Engineer $13 8.00/hr. Senior Geologist $138.00/hr. Senior Project Engineer $109.00/hr. Senior Project Geologist $109.00 /hr. Project Engineer $90.00 /hr. Project Geologist $90.00 /hr. Staff Engineer $75.00 /hr. Staff Geologist $75.00 /hr. Assistant Engineer $61.00/hr. Senior Drafter $56.00/hr. Drafter $46.00/hr. REIMBURSABLE EXPENSES Miscellaneous Expenses Cost + 15% June 11, 2010 Exhibit A OTHER SERVICES Any item or category not listed will be billed at our normal Fee Schedule rate in effect at the time of service. T h 1 e I a G e o t e c h 1 n c Environmental Assessment Proposal Proposed Business Park Properties, Proposal # 30882 June 11, 2010 Exhibit B GENERAL CONDITIONS 1. SCOPE OF WORK: Thiele Geotech, Inc. (including its officers, directors, employees and subconsultants, hereafter referred to as TG) shall perform the services described in the contract and shall invoice the client for those services at the Fee Schedule rates. Any cost estimates stated in this contract shall not be considered as firm figures unless specifically stated in this contract. If unexpected site conditions are discovered, the scope of services may change. TG will provide additional services at the contract Fee Schedule rates. compliance with any court order or other governmental directive; and /or 4) protection of TG against claims or liabilities arising from performance of services under this contract. TG's obligations hereunder shall not apply to information in the public domain or lawfully acquired on a non - confidential basis from others. TG's technical and pricing information are to be considered confidential and proprietary, and shall not be released or otherwise made available to any third party without the express written consent of TG. 2. ACCESS TO SITES, PERMITS, AND APPROVALS: The client shall furnish TG with right -of- access to the site in order to conduct the planned exploration. Unless otherwise agreed, the client will also secure all necessary permits, approvals, licenses, and consents necessary to the performance of the services hereunder. While TG will take reasonable precautions to minimize damage to the property, it is understood by the client that, in the normal course of work, some damage may occur, the restoration of which is not part of this agreement. 3. UTILITIES: In the performance of its work, TG will take reasonable precautions to avoid damage or injury to subsurface utilities or structures. This includes requesting locates of utility owned lines and services. The client agrees to hold TG harmless and indemnify TG for any claims, payments, or other liability, including attorney fees, incurred by TG for damage to any privately owned subsurface utilities or structures which are not correctly identified to TG. 4. UNANTICIPATED HAZARDOUS MATERIALS: It shall be the duty of the client to advise TG of any known or suspected hazardous substances which are or may be related to the services provided; such hazardous substances including but not limited to products, materials, or wastes which may exist on or near any premises upon which work is to be performed by TG. If TG observes or suspects the existence of hazardous materials during the course of providing services, TG may, at its option, terminate further work on the project and notify client of the conditions. Services will be resumed only after a renegotiation of scope of services and fees. In the event that such renegotiation cannot occur to the satisfaction of TG, TG may, at its option, terminate this contract. It is understood and agreed that TG does not create, generate, or at any time take possession or ownership of hazardous materials as a result of its exploration services. 5. REPORTS AND INVOICES: TG will furnish up to 3 copies of reports to the client. Additional copies will be provided at the expense of the client. TG may submit invoices to the client monthly and upon completion of services. Payment is due upon presentation of invoices and past due 30 days from the invoice date. Client agrees to pay a finance charge on past due invoices of 1' /Z percent per month, but not exceeding the maximum rate allowed by law. 6. OWNERSHIP OF DOCUMENTS: All reports, boring logs, data, notes, calculations, estimates, and other documents prepared by TG as instruments of service shall remain the property of TG. 7. SAMPLE DISPOSAL: Unless otherwise agreed, test specimens or samples will be disposed immediately upon completion of the test. 8. CONFIDENTIALITY: TG will hold confidential all business or technical information obtained from the client or generated in the performance of services hereunder and identified in writing by the client as confidential. TG will not disclose such information without the client's consent except to the extent required for; 1) performance of services under this contract; 2) compliance with professional standards of conduct for preservation of public safety, health, and welfare; 3) 9. STANDARD OF CARE: Services performed by TG under this contract will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, express or implied, is made or intended by the proposal for services or by furnishing oral or written reports of the findings made. The client recognizes that TG does not owe any fiduciary responsibility to the client. The client further recognizes that subsurface conditions may vary from those encountered at the location where borings, surveys, tests, or explorations are made by TG, and that the data, interpretations, and recommendations of TG are based solely upon the data available to TG. TG will be responsible for those data, interpretations, and recommendations, but shall not be responsible for the interpretation by others of the information developed. 10. LIMITATION OF LIABILITY: In recognition of the relative risks, rewards, and benefits to both the client and to TG, the risks have been allocated such that the client agrees to limit TG's liability to the client and all other parties claiming to have relied on TG's work provided through the client to $50,000 or TG's total fee for services rendered on this project, whichever is greater. This limitation of liability is a business understanding between the parties voluntarily and knowingly entered into, and shall apply to all theories of recovery including, but not limited to, breach of contract, warranty, tort (including negligence), strict or statutory liability, or any other cause of action except for willful misconduct or gross negligence. 11. TERMINATION: This contract may be terminated by either party upon 7 days prior written notice. In the event of termination, TG shall be compensated by client for all services performed up to and including the termination date and for the completion of such services and records as are necessary to place TG's files in order and /or protect its professional reputation. If either party terminates this contract, these General Conditions shall survive termination and shall remain enforceable between the parties. 12. DISPUTE RESOLUTION: In an effort to resolve any conflicts that arise during or following this project, the client and TG agree that all disputes between them arising out of or related to this agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The client and TG also agree to include a similar mediation provision in all agreements with independent contractors and consultants thereby providing for mediation as the primary method for dispute resolution for all parties on the project. 13. PRECEDENCE: These standards, terms, and conditions shall take precedence over any inconsistent or contradictory language contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding TG's services. 14. PROVISIONS SEVERABLE: In the event that any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable. 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