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ST0102-EM01121757 Ol - 0 Z. GEO- MARINE SM Since 1972 GEO- MARINE, INC. ENGINEERING AND ENVIRONMENTAL SERVICES 13 December 2001 Ms. Suzan Taylor City of Coppell 255 Parkway Coppell, TX 75019 RE: Delineation of Waters of the U.S. for the Ruby Road Construction Project GMI B &P No. 71000.03.17 Dear Ms. Taylor, Enclosed please find a proposal and cost estimate for the above project. This is being submitted based on conversations we had at the site on 11 December 2001. Although it is Geo- Marine, Inc.'s (GMI) oppinion that the pond on the site is not jurisdictional, the final determination must be made by the U.S. Army Corps of Engineers ( USACE). Therefore, GMI will provide a letter report describing our findings and conclusions of the pond. After the city approves the letter report, GMI would submit this report on the behalf of the City of Coppell and coordinate with the USACE to receive an official jurisdictional determination. If the City of Coppell finds the terms and conditions presented in the two enclosed contracts acceptable, please sign both copies and return them for GMI to begin work. These contracts were developed based on the ones submitted in May 2000 to Mr. Ken Griffin for a similar project. In the event that there are any questions, please contact me at 972/423 -5480 or rreinecke @geo- marine.corr Sincerely, Geo- Marine, Inc. Rudi Reinecke Wetland Biologist Enclosure 530 E. 15th St., - Plano, TX 73074 - Tel: (972) 423 -3480 - Fax: (9 -2) 422 - 2736 Dallas - Ft. Worth, TX - El Paso, TX - San Antonio, TX - Knoxville, TN - Newport News, IVA - Panama City, FL - Fajardo, Puerto Rico �� E -Mail _mirageo- marine.com - website: www.geo- marine.com GEO- MARINE, INC. B &P # 71000.03.17 CONTRACTOR: Geo- Marine, Inc. CONTRACTOR REPRESENTATIVE: Carlos Nava, Contract Administrator CONTRACTOR ADDRESS: 550 East Fifteenth Street Plano, Texas 75074, USA CLIENT: City of Coppell CLIENT REPRESENTATIVE: Suzan C. Taylor CLIENT ADDRESS: City of Coppell 255 Parkway P.O. Box 478 Coppell, TX 75019 This Agreement for Services ( "Contract ") is made by and between CONTRACTOR and CLIENT. In consideration of the mutual agreements contained herein and subject to the terms and conditions hereof the parties hereby agree as follows: 1. Scope of Work CONTRACTOR shall perform services as set forth in the attached Scope of Work, identified as Exhibit C, which is hereby incorporated by reference. For purposes of this Contract, the term "Site" shall mean the property and/or buildings and fixtures referred to in the Proposal. CONTRACTOR shall begin and complete services in accordance with the schedule set forth in the Proposal. The foregoing services are herein collectively called the "Services." 2. Amendments CLIENT, without invalidating this Contract, may order changes within the general scope of the Services required by this Contract by altering, adding to and/or deducting from the Services to be performed, and any such changes in the Services shall be performed subject to this Contract. Upon receipt of CLIENTS written or telephone request, CONTRACTOR shall return to CLIENT a change proposal setting forth an adjustment to the Services and Project Cost estimated by CONTRACTOR to represent the value of the requested changes. Following CLIENTS review and acceptance of CONTRACTOR'S change proposal, CLIENT and CONTRACTOR shall execute a written amendment for those services CLIENT then considers appropriate. CONTRACTOR shall have no obligation to perform additional services contained in any Agreement for Engineering, Environmental & Cultural Resource Services amendment until such time as the amendment is signed by both parties. 3. Project Costs This Contract constitutes a Time and Materials Contract in accordance with the rates identified in Exhibit A, which is hereby incorporated by reference. CONTRACTOR shall submit invoices for the Services to the attention of CLIENT Representative at CLIENT Address in accordance with the Proposal. Payment on account of CONTRACTOR'S services shall be made within thirty (30) days of the date of an invoice; however, if CLIENT objects to all or any portion of any invoice, it shall so notify CONTRACTOR of the same within ten (10) days from the date of actual receipt of the invoice and shall pay timely that portion of the invoice not in dispute. The parties shall immediately make every effort to settle the disputed portion of the invoice. Interest on unpaid and undisputed invoices of CONTRACTOR shall accrue at a rate of 1.5% per thirty (30) days, or the maximum amount allowable by law. 4. Confidentiality All information and data developed pursuant to the performance of Services under this Contract, or supplied to or obtained by CONTRACTOR from CLIENT or any of its contractors, or generated by CONTRACTOR or its subcontractors in writing, in the form of drawings, orally or by observation ( "Confidential Material') is confidential and will be afforded confidential treatment by CONTRACTOR, its agents, employees and subcontractors. Relationship of the Parties. A. It is understood that all services rendered to CLIENT under this Contract shall be monitored by CLIENT; however, CONTRACTOR'S daily activity, schedules, health and safety precautions, methods and means of performing the actual Services shall be the responsibility of the CONTRACTOR. CONTRACTOR, its employees, agents, affiliates or subcontractors shall act solely as an independent contractor in performing the Services. Nothing herein shall be construed to create the relationship of employer and employee, principal and agent, partners or joint venturers between or among CLIENT and CONTRACTOR or its employees, agents, affiliates or subcontractors. Except as specifically provided in this Contract, CONTRACTOR shall have no right or authority to act for CLIENT and will not enter into any contract or other agreement, or incur any debt, liability or obligation of any nature in the name of or on behalf of CLIENT. B. CONTRACTOR, its agents, affiliates, and subcontractors shall pay all salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the performance of this Contract. CONTRACTOR, its employees, agents, affiliates, or subcontractors shall not be considered agents or employees of CLIENT. Page 1 of 4 Commercial Contract — Contract revS.doc 07/01/01 THIS CONTRACT IS NOT VALID UNTIL COUNTERSIGNED BY THE CONTRACTOR AND ANY OFFER IS SUBJECT TO ACCEPTANCE BY THE CONTRACTOR GEO- MARINE, INC. B&P # 71000.03.17 6. Contact with Government Agencies In performing the Services, CONTRACTOR, its employees, agents, affiliates and subcontractors shall cooperate with all federal, state and local governmental agencies having authority over the subject matter hereof and the performance of the Services; provided, however, neither CONTRACTOR nor its agents, employees, affiliates nor subcontractors shall contact any governmental authority for any purpose without the prior written consent of CLIENT. 7. CONTRACTOR's Representations Warranties and Covenants A. Permits: Licenses; Training; Staffing and Equipment In the performance of the Services, CONTRACTOR, its employees, agents, affiliates and subcontractors shall meet all the necessary qualifications for and hold any and all applicable licenses or certifications required by federal, state or local rules and regulations to conduct the Services. CONTRACTOR has the means, capability, experience, registrations, licenses, permits and all necessary governmental approvals and authorizations necessary to perform the Services. Without limiting the generality of the foregoing, CONTRACTOR, its employees and subcontractors shall have taken all training and certification courses required under all applicable federal, state and local laws, rules and regulations. CONTRACTOR represents that it has, or will secure at its own expense, all personnel, equipment, and subcontractors required in its performance of the Services. CONTRACTOR shall be responsible for supervision and direction of the services by CONTRACTOR's employees and the services of any subcontractors. Unless otherwise specified in the Proposal or this Contract, the CLIENT shall be responsible for obtaining all site - specific permits required by federal, state, or local rules and regulations. B. Contractual Prohibition CONTRACTOR hereby represents that neither it nor its employees, agents, or subcontractors are subject to any restrictive obligations imposed by any third party which would impair CONTRACTOR's or its employees', agents' or subcontractors' ability to perform the Services, or which would prevent CONTRACTOR, its employees, agents, or subcontractors from maintaining the maximum confidentiality provided for in this Contract. C. Site Conditions CLIENT will inform CONTRACTOR about location of utilities and secure access to Sites. CLIENT will be liable for any damage to utilities or the property of others not properly identified to CONTRACTOR. CLIENT will inform CONTRACTOR of all known or suspected hazardous conditions on the Site, either currently existing or as soon as CLIENT becomes aware of potential risks. Unless otherwise noted here all investigation- derived wastes will be properly containerized by CONTRACTOR, left on the Site, and become the property and responsibility of CLIENT. Agreement for Engineering, Environmental & Cultural Resource Services D. Due Authorization: Good Standin CONTRACTOR and CLIENT have the power and authority to enter into this Contract. The execution and delivery of this Contract and the performance of the Services hereunder has been duly authorized by all necessary corporate action. Upon execution, this Contract will constitute the binding and valid obligations of CONTRACTOR and CLIENT enforceable in accordance with its terms. CONTRACTOR is in good standing in and qualified to do business in the State of the project. E. Payment of Claims Client agrees to make payment to GMI for Services rendered in the amounts and on the terms specified above, regardless of whether Client or another person or entity is legally responsible for the work and regardless of whether Client is entitled to reimbursement for such costs from its or from some other person's or entity's insurance carrier or client. CONTRACTOR shall make a good faith effort to maintain the Site free and clear of any and all liens, claims or encumbrances pertaining to responsibilities outlined in Exhibits A & C. CLIENT shall promptly pay all bills incurred by CONTRACTOR in performance of the Services. In the event that all fees and moneys owed for the Services provided are not paid in accordance with this Agreement, and Exhibits A & C, then CLIENT grants CONTRACTOR the right to prepare and file a mechanic's lien with the county clerk where the Services were performed to secure payment. This clause will serve as advance notice for filing of the mechanic's lien if such notice is required. F. Equal OpportuniZ During the Services, CONTRACTOR shall, in good faith, afford equal opportunity as set forth under and required by federal, state or local rules and regulations to all employees and applicants for employment without regard to race, color, religion, sex, handicap, or national origin. CONTRACTOR further agrees to afford equal opportunity as set forth and required by federal, state or local rules and regulations to any lower -tier subcontractors and vendors that are "disadvantaged business enterprises" or "women -owned enterprises," as defined by federal regulations in effect on the date of this Contract. 8. Delays and Termination CLIENT or CONTRACTOR may terminate this Contract upon forty- eight (48) hours prior written notice should the other party fail substantially to perform in accordance with the terns and conditions of this Contract through no fault of the terminating party. CLIENT or CONTRACTOR may exercise the option to terminate this Contract without cause at its discretion upon ten (10) working days prior written notice. A complete settlement of all claims of CONTRACTOR upon such termination of this Contract shall be made as follows: CLIENT shall compensate CONTRACTOR for the Services performed up to the date Page 2 of 4 Commercial Contract — Contract rev8.doc 07/01/01 THIS CONTRACT IS NOT VALID UNTIL COUNTERSIGNED BY THE CONTRACTOR AND ANY OFFER IS SUBJECT TO ACCEPTANCE BY THE CONTRACTOR GEO- MARINE, INC. S&P # 71000.03.17 of receipt of termination, plus reasonable costs incurred in terminating the Services and a reasonable fee. In the event Services cannot be performed on or before the projected due date because of circumstances beyond the control of CONTRACTOR, including, strike, fire, riot, act of God, governmental action, action or omission by CLIENT, the Services shall be amended by CONTRACTOR and CLIENT in accordance with paragraph 2 of this Contract. 9. Compliance with Laws The Services shall be performed in full compliance with all applicable federal, state and local laws, rules and regulations. 10. Indemnity. CONTRACTOR shall indemnify, defend, and hold harmless CLIENT from and against any and all lawsuits, claims, liabilities, actions, causes of action, demands, losses, damages, forfeitures, penalties, fines, costs and expenses, including, but not limited to, attorneys' fees and expenses, arising from (i) a breach by CONTRACTOR of any terns or provision of this Contract; or (ii) any error, omission, negligence or misconduct of CONTRACTOR or its employees, agents or other subcontractors; or (iii) any injury or death of an employee or other contractor employed or retained by CONTRACTOR. CLIENT shall indemnify, defend, and hold harmless CONTRACTOR from and against any and all lawsuits, claims, liabilities, actions, causes of action, demands, losses, damages, forfeitures, penalties, fines, costs and expenses, including, but not limited to, attorneys' fees and expenses, arising from (i) a breach by CLIENT of any term or provision of this Contract; or (ii) any error, omission, negligence or misconduct of CLIENT or its employees, agents or other subcontractors; or (iii) any injury or death of an employee or other contractor employed or retained by CLIENT 11. Insurance In addition to any other insurance which CONTRACTOR may be required or choose to carry, CONTRACTOR shall, at its sole expense, maintain in effect at all times during the performance of the Services under this Contract insurance coverages and corresponding amounts in accordance with the attached insurance certificate. Such policies shall be with insurers licensed to do business in the state of Texas. CONTRACTOR shall pay any and all deductibles or retentions under all insurance carried by CONTRACTOR 12. Assimments/Subcontracts. A. Neither this Contract nor any interest, claim or obligation hereunder shall be assigned or transferred by CONTRACTOR or CLIENT to any party or parties without the prior written consent of the other party. B. CONTRACTOR may subcontract portions of the Services to other persons or corporations. This in no way relieves CONTRACTOR of the obligation to select qualified subcontractors. The fees and costs of such subcontractors shall be included in CONTRACTOR's Agreement for Engineering, Environmental & Cultural Resource Services compensation as provided in paragraph 3 of this Contract. All obligations imposed upon CONTRACTOR pursuant to this Contract shall be similarly imposed by CONTRACTOR upon any such subcontractor. 13. Counterparts; Headings: Tenses This Contract may be executed in any number of counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument. The headings herein are for convenience of reference only and shall not be deemed a part of this Contract. 14. Invalidity; No Implied Waiver In the event that any one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Contract. No failure to exercise, and no delay in exercising, any right, power or remedy under this Contract shall impair any right, power or remedy which any party hereto may have, nor shall any such failure or delay be construed to be a waiver of any such right, power or remedy or an acquiescence in any breach or default under this Contract absent an express, written waiver or acquiescence, nor shall any waiver of any breach or default be deemed a waiver of any default or breach subsequently occurring under this Contract. 15. Venue and Governing Law The parties stipulate and agree that this Contract is entered into in Collin County, Texas and all payments due hereunder are due in Collin County, Texas and that venue to bring any proceeding for the enforcement hereof is proper in Collin County, Texas. The parties stipulate and agree that this Contract shall be governed by and construed under the laws of the State of Texas. 16. Notices; Communications All notices or communications required or permitted to be given or made hereunder by any party hereto shall be in writing and shall be deemed to have been duly given if personally delivered or transmitted by first class, registered or certified mail, postage prepaid, expedited delivery service, or telegram 17. Arbitration. Any controversy or claim arising out of or relating to this Contract or the breach of this Contract shall be settled by arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. 18. Attorneys Fees The prevailing party in any arbitration proceeding or litigation brought to enforce the provisions of this Contract shall, in addition to such other relief as may be awarded, be entitled to recover its reasonable attorney's fees and costs of suit from the non- prevailing party. 19. Entire Agreement This Contract constitutes the sole and entire agreement between the parties hereof. This Page 3 of 4 Commercial Contract - Contract rev8.doc 07/01 /01 THIS CONTRACT IS NOT VALID UNTIL COUNTERSIGNED BY THE CONTRACTOR AND ANY OFFER IS SUBJECT TO ACCEPTANCE BY THE CONTRACTOR GEO- MARINE, INC. B&P # 71000.03.17 Contract replaces and supersedes all prior discussions and agreements between CLIENT and CONTRACTOR with respect to the matters contained herein. AGREED AND ACCEPTED: CLIENT: By: Name: Title: Date: CONTRACTOR: GE MARINE, INC. By: Name: Carlos Nava Title: Contracts A strator Date: l d' dz 0 1 Agreement for Engineering, Environmental & Cultural Resource Services Page 4 of 4 Commercial Contract— Contract rev8.doc 07/01/01 THIS CONTRACT IS NOT VALID UNITL COUNTERSIGNED BY THE CONTRACTOR AND ANY OFFER IS SUBJECT TO ACCEPTANCE BY THE CONTRACTOR EXHIBIT A Compensation for Environmental Services is estimated not to exceed $1,000.00 based on the following Time and Materials Rate Schedule. ENGINEERING, ENVIRONMENTAL & CULTURAL RESOURCE SERVICES Time and Materials Rate Schedule Exhibit A: Effective 4/01/01 Personnel GEO.- MARINE, INC. A. Professional, Technical and Supervisory Personnel Rates: These rates apply to personnel performing labor in support of the contract work (whether performed on site or off site). CLASSIFICATION HOURLY RATE Archeologist, Senior 75.00 Archeologist 55.00 Archeologist, Field Supervisor 45.00 Architect, Historic 101.00 Architectural Historian 55.00 Osteologist, Senior 75.00 Osteologist, Project 50.00 Biologist/ Wetland Scientist, Senior 85.00 Biologist / Wetland Scientist, Project 70.00 Biologist / Wetland Scientist 55.00 CADD/ GIS / Graphics Project Manager 135.00 Chemist 75.00 Ecologist, Senior 90.00 Ecologist, Project 75.00 Ecologist 60.00 Economist, Senior 100.00 Economist, Project 75.00 Engineer, Senior 100.00 Engineer, Project 80.00 Engineer 60.00 Environmental Scientist, Senior 95.00 Environmental Scientist, Project 80.00 Environmental Scientist 65.00 Environmental Noise Specialist 75.00 Geologist/ Hydrogeologist, Senior 80.00 Geologist/ Hydrogeologist, Project 65.00 Historian 60.00 Industrial Hygienist / Safety Professional 90.00 Manager, Program / Noise Specialist 135.00 Air Specialist 90.00 Manager, Project / Operations 90.00 Planner, Senior 90.00 Planner, Project 70.00 Principal, Principal Oversight & Technical 150.00 Scientist, Senior 90.00 Scientist, Project 70.00 NEPA Program Manager 120.00 NEPA Project Manager 95.00 NEPA Specialist 85.00 B. Operations and Administrative Personnel Rates: These rates apply to personnel performing labor in support of the contract work (whether performed on site or off site). CLASSIFICATION HOURLY RATE Administrator, Project / Contract 55.00 Technical Editor 65.00 Clerical / Secretarial, Project 45.00 CADD/ GIS/ Graphics Technician, Senior 90.00 CADD/ GIS / Graphics Technician, Project 70.00 CADD/ GIS / Graphics Technician, Junior 55.00 Foreman, Emergency Response 75.00 Foreman, Remediation 65.00 Officer, Site Safety 75.00 Operator, Equipment 45.00 Supervisor, Emergency Response 85.00 Supervisor / Driller, Geoprobe 75.00 Supervisor, Remediation 75.00 Technician 11, Archeological 40.00 Technician I, Archeological 30.00 Technician, Emergency Response 50.00 Technician II, Engineering 65.00 Technician I, Engineering 55.00 Technician, Geoprobe 45.00 Technician, Industrial Hygiene/Environmental 45.00 Technician, Remediation 40.00 Page 1 of 4 Commercial Rate Schedule rev 6 5/1/01 GRO- MARIN$, INC. Section I.B. Notes - 1. Standard Hours - All labor rates above are for "Standard Hours ". For purposes of this Rate Schedule, "Standard Hours" is defined as the first forty (40) hours worked by the employee on this project during any calendar week between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, exclusive of Geo- Marine holidays. A calendar week is Monday through Sunday. 2. Non - Standard Hours - For purposes of this Rate Schedule 'Non- Standard Hours" is defined as: (i) all hours worked before 8:00 a.m. and/or after 5:00 p.m. Monday through Friday; (ii) all hours worked on this project between 8:00 a.m. and 5:00 p.m., Monday through Friday which are also in excess of either eight (8) hours worked in any calendar day or forty (40) hours worked in any calendar week; and (iii) all hours worked on Saturdays and/or Sundays. Labor performed during Non - Standard Hours will be billed at one and one -half (1.5) times the rate schedule amounts in Section I. A. above and Section I. B. below. Notwithstanding the above, any hours worked on an Geo- Marine holiday will be billed as "Holiday Hours" pursuant to Note 3 below. 3. Holiday Hours - The rates for labor performed on Geo -Marine holidays will be 2 times the rates scheduled in Section I. A. above. 4. Geo -Marine holidays are: Thanksgiving, Day after Thanksgiving, Christmas, New Year's Day, Good Friday, Memorial Day, Independence Day, and Labor Day. If any work performed is subject to a collective bargaining agreement or is performed by union employees, Geo -Marine shall include any additional holidays provided for in the applicable collective bargaining agreement. C. Notes Pertaining to Rates in Section I.A. and Section I.B. - 1. The above rates apply to all personnel on the project whether actual Geo - Marine employees or temporary labor (e.g. provided through labor services or subcontractors) and will be billed at the corresponding hourly rates above applicable to the position. 2. Geo - Marine personnel will be billed to the contract for the time required to mobilize, service, repair and restock all vehicles and equipment used in the performance of the contract. 3. In the event any personnel scheduled above are engaged to provide expert testimony in any court or administrative preceding the rate for such person while testifying either at a deposition or hearing shall be two (2) times the hourly rate scheduled above. 4. Travel time for personnel shall be billed at the corresponding rate stated above. H. Equipment Rental A. Vehicles, Trailers and Equipment - DESCRIPTION GeoProbe System, 5400 series, truck mounted Trailer, Equipment Storage Trailer, Steam Cleaner, 1500 psi heated Trailer, Utility Truck, %: -3/4 ton Truck, I ton 2x4 Truck, 1 ton 4x4 Vehicle, Utility (Sedan/Van) Work Boat w/ motor, 12 -16 ft Work Barge w/ motor, 16 -18 ft Work Boat w/ twin motors, 26ft ATV (4- wheel) RENTAL RATE 1300.00 /day + .55 /mile >50 miles 100.00 /day 150.00 /day 100.00 /day 12.50/hr + .45 /mile 20.00/hour + .45 /mile 25.00/hour + .45 /mile 10.00/hour + .45 /mile 225.00 /day + fuel 350.00 /day+ fuel 950.00 /day + fuel 350.00 /day + fuel NOTE: For purposes of computing rental charges, the term "calendar day" connotes an 8 -hour period. The rental period begins when an item of equipment is first made available for use on the Work and continues until such equipment is returned to Geo - Marine or is returned to a third party supplier. Daily use above the listed 8 -hour rate will be charged at a pro -rated hourly rate based on the 8 -hour rate divided by 8. The above rates do not include operators and supplies that will be billed at rates listed in this schedule. B. Testing Equipment DESCRIPTION Area/Personal Air Monitors Combustible/Oxygen Multiple Gas Detector Combustible/Oxygen Gas Detector Direct Reading Detector Drager Pump (detector tubes additional) FlameIonization Detector (FID) Gas Chromatograph, Portable Mercury Vapor Meter Noise Dosimeter pH Meter Photoionization Detector (PID) Slim Tube Sampler Split Spoon Sampler Sub - surface Soil Sampler Water Level Indicator Hydrolab DAILY REN TAL RATE 75.00 100.00 50.00 300.00 50.00 100.00 250.00 150.00 100.00 50.00 100.00 100.00 105.00 75.00 25.00 105.00 Page 2 of 4 Commercial Rate Schedule rev 6 S /01 /01 GEO- MARINE, INC. C. Other Equipment - DESCRIPTION Camera, Digital Camera, Underwater Digital Camera, 35 mm Camera, Video Computer, Portable Copier, Portable Fax, Portable Global Positioning System (Pro XRS) Global Positioning System (Pro XRS) with Laser Hygrometer Nets, Siene Phone, Mobile Printer, Portable Radio, Base Radio, Hand -held Sampler, Ekman Dredge Tools, Small (shovels, trowels, etc.) DAILY RENTAL RATE 25.00 200.00 20.00 plus supplies & developing 50.00 plus tapes 25.00 25.00 plus supplies 25.00 plus supplies and airtime 75.00 100.00 25.00 20.00 25.00 plus $1.00 /minute of airtime 25.00 plus supplies 100.00 25.00 20.00 5.00 D. Other Rental Provisions - The following additional rental provisions apply to the extent they do not conflict with any of the Notes above. 1. The rates scheduled above apply to equipment utilized by Geo- Marine in the performance of the work. Rental shall be charged for all hours the equipment is in the possession of Geo- Marine employees performing work at the work site, whether or not such equipment is in constant use. The minimum rental period for daily equipment is one (1) day. 2. The rates stated in sections II. A through C above shall be applied to all items of equipment on the schedules which are utilized in the performance of the work, whether supplied from Geo -Mane inventory, specially purchased by Geo -Marine for performance of the work, procured from an Geo- Marine affiliate, or rented by Geo -Marine from a non - affiliated entity. 3. The charges for operators to man the equipment in Sections IL A through F are not included in the rates and will be charged using the appropriate labor category in Section I except for the daily rate for GeoProbe services. 4. The rates in Section II. do not include pick -up, delivery, consumables used in operation of the equipment, fuel, oil and grease, tarps, and/or demurrage and will be charged at cost plus twenty percent (20 %). Ill. Personal Protective Clothing and Equipment A. Protective Clothing and Respiratory Items - DESCRIPTION BootsBoodes: Booties, Saranex Booties, Tyvek Boots, Chemical Boots, Latex Overshoe Breathing Cartridges: HEPA Racal Mersorb, Md /Mercury Vapors / Chlorine GME -H, Vap. /Chlorine / Asbestos / Rad. GMD -H, Ammonia / Methylamine / Rad. GMD, Ammonia / Methylamine / Rad. GMP, Pesticide / Paint / Dust / Vapors Gloves: Liners 4H Protective Brown Jersey Cotton Nitrile / Petroflex Leather, Work Latex / Nitrile Sampling Suits: Level A (Airline or SCBA) Level B Level C Level D Rain Slicker (heavy duty) Rain Slicker (disposable) Saranex w / Hood & Feet Tyvek Nomex PRICE (listed price or ner V C ) 5.25 /pair 2.10 /pair 55.00 /pair 6.00 /pair 53.50 /each 31.00 /pair 27.00 /pair 23.00 /pair 14.00 /pair 15.30 /pair I.00 /pair 9.60 /pair 2.50 /pair 4.25 /pair 12.00 /pair 1.00 /pair 990.00 /per person per day 400.00 /per person per day 70.00 /per person per day 10.00 /per person per day (see also V.D.) 49.50 /each 15.00cach 25.70 /each 10.50 /each 100.00 /each Page 3 of 4 Commercial Rate Schedule rev 6 5/1/01 B. Additional Items - DESCRIPTION Breathing Air Line - 50 ft. PRICE (listed price or per V C ) Breathing Air Refills (low pressure) 15.00 /day 10.00/40 cf btl Breathing Air Refills (high pressure) 15.00165 cf btl 12 Cylinder Pack of Breathing Air 120.00 /day Escape Pack 5 Minute 30.00 /day Manifold and Regulator 90.00 /day Portable Breathing Air System (Class C, Grade D) 210.00 /day SCBA 30 Minute SCBA 60 Minute 40.00 /day 52.00 /day IV. Materials DESCRIPTION Bags (Unmarked), 6 mil PRICE (listed price or per V.0 ) Brush, Decon 2.25 /each Decor Pools 9.85 /each Detector / ColormetricTubes 9.75 /each 12.50 /each PCB Wipe Sample 1 oz. and Container 4.30 /each pH Sticks Polyethylene Sheeting (20' x 100' roll) 6 mil 11.00 /package 85.00 /roll Tubes, Colliwasa 21.00 /each Wipes, Woven Cotton 7.7511b. Section IV. Notes - GRO- MARINE, INC� 1. The foregoing prices shall be applied to all materials on the schedules above which are utilized in the performance of the work, whether shipped to the site from Geo -Marine inventory, shipped directly to the site from Geo- Marine's sources, or purchased locally by Geo- Marine from either an affiliated or non affiliated entity. V. Reimbursables A. Subcontract Services - The compensation paid Geo- Marine for all laboratory services, testing services, transportation, and/or other services which are not performed by individuals scheduled in Section I above working under the direct supervision of Geo - Marine; but, rather, are subcontracted by Geo - Marine, shall be Geo- Marine's cost for such subcontract service plus twenty percent (20 %) Geo -Marine mark -up on such costs. B. Non - Scheduled Equipment - The compensation paid Geo - Marine for any equipment utilized by Geo -Marine in performance of the work which is not listed in schedules under Section II and III above shall be Geo- Marine's rental cost plus twenty percent (20 %) Geo - Marine markup on such costs. C. Non - Scheduled Materials - The compensation paid Geo - Marine for any materials utilized by Geo - Marine in performance of the work which are not listed in schedules under Section IV above shall be equal to Geo - Marine's cost of such materials plus twenty percent (20 %) Geo - Marine mark -up on such costs. D. Minimum Protective Equipment - Basic minimum protective equipment such as hard hats, safety goggles, safety shields, steel toe boots, and Geo- Marine's standard uniform are provided by Geo -Marine but not included in the schedules above. Geo - Marine shall be compensated for these items by the application of a charge of $10.00 per person for each day the person is on the work site and billable to the contract. E. Travel, Lodging and Per Diem - For all employees who do not reside in the local commuting area for the site of the work, Geo - Marine shall be reimbursed for costs incurred for employee travel to and from the work site on the basis of Geo - Marine's costs incurred for such travel plus twenty percent (20 %) mark -up on such costs. For all employees who do not reside in the local commung area for the site of the work, a lodging and per diem charge equivalent to the approved, current government rate per day for that area shall be due for each day such employee is present at the locale of the work. For purposes of this schedule, the local commuting area is defined as being within 50 miles of the work. F. Freight/Transportation Charges - Geo - Marine shall be compensated for costs incurred for the transportation of equipment and materials to the site of the work and for the transportation back of equipment and any remaining supplies and materials, upon completion of the work, on the basis of Geo - Marine's cost for such transportation plus twenty percent (20 %) Geo -Marine mark -up thereon. G. Taxes and Permits - The rates contained in this schedule are exclusive of federal, state and local sales or use taxes and any permits incident to performance of the work. Geo - Marine shall be compensated for all costs incurred for state, federal or Iocal sales or use taxes and/or the cost of any necessary permits on the basis of Geo - Marine's actual cost incurred for such items. H. Licenses, Easements and Rights of Way and Investigation Derived Wastes - Unless specified otherwise in this schedule or the contract, the Client is responsible for obtaining and purchasing any licenses, easements, or rights of ingress or egress to obtain access or right -of -way to property necessary to perform the work, The Client is additionally responsible for arranging for transportation and disposal of any investigation derived wastes. Page 4 of 4 Co=ercial Rate Schedule rev 6 s /ol /ol EXHIBIT B This exhibit is not used. EXHIBIT C Scope of Services Geo- Marine, Inc. Ruby Road Wetland Delineation Coppell, TX rrclrtreu ior: City of Coppell Project Description GMI B &P No. 71000.03.17 13 December 2001 For this project, Geo - Marine, Inc. (GMI) wetland biologists will perform environmental surveys to delineate waters of the U.S., including wetlands on approximately 5 acres along Ruby Road, near the intersection of State Road in Coppell, Texas. The delineation of wetlands will be conducted in accordance with U.S. Army Corps of Engineers ( USACE) 1987 Wetland Delineation Manual. The methodology incorporates a multi- parametric approach requiring evidence of hydrophytic vegetation, hydric soils, and wetland hydrology for a positive wetland determination. GMI will use existing data, such as the National Wetland Inventory map, soil survey, U.S. Geological Survey map, and aerial photography to identify potential wetlands. An onsite field survey will then be conducted to identify jurisdictional wetlands and other waters of the U.S. Wetland delineation data forms will be completed for all wetlands and adjacent upland sites for comparative purposes. The delineation will be mapped in the field utilizing field maps that will be transferred to digital topographic maps, engineering figures, or aerial photographs. Based upon the field surveys, a report will be completed by GMI detailing the general site conditions, the jurisdictional waters of the U.S. on the site, and recommendations regarding permitting requirements. Deliverables Deliverables for this scope of services include: • A brief letter report describing survey methodology, results, potential impacts, general permit information, and any problems encountered potentially requiring consultation with the USACE for a jurisdictional determination; • Delineation map of jurisdictional waters of the U.S. on the site; • Copies of field data sheets for all wetlands; and • Color photographs of representative sites on the project area. Additionally, this scope of services includes limited time to communicate delineation results with the USACE Regulatory Branch, Fort Worth District. Items to be Supplied by Client The client has provided a site map depicting the limits of the road widening and the approximate landmarks. The client will provide a recent digital aerial photograph to use as a base map for the delineation.