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ST0102-CN011220Since 1972 GEO-MARINE, INC. ENGINEERING AND ENVIRONMENTAL SERVICES 13 December 2001 Ms. Suzan Taylor City of Coppell 255 Parkway Coppell, TX 75019 RE: DelineafionofWatersoftheU.S. for the Ruby Road Conslraction Project /,~"~ 1~)/ ~D ~ 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 jurisdictionaI, the f'mal 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 CoppelI 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 Griffm for a similar project. In the event that there are any questions, please contact me at 972/423-5480 or rreinecke@geo-marine.com- Sincerely, Geo-Marine, Inc. ~di ~¢in¢¢~e ~¢tland ~i~lo~ist Enclosure 550 E. 15th St.~ · Piano, TX 75074 · Tel: (9721423-5480 · Fax: (972} 422-2736 Dallas - Ft. Worth, IX · El Paso. TX · San Antonio. IX ·Knoxville, TN · Ney, port News. VA · Panama City, FL · Fajardo. Puerto Rico E-5, a gm (~wgeo-marine.com · v, ebsite: wv,~.'geo-manne corn GEO-MARINE, INC. B&P # 71000.03. f7 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, thc 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 thc 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 fiom 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 CON'IIL~CTOR 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 appropr/ate. 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. Proiect 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 th/ny (30)days of the date of an invoice; however, if CLIENT objects to all or any portion &any invoice, it shall so notify CONTRACTOR of the same within ten (10) days fiom 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 tale 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 supphed 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. 5. Relationship of the Parties. A. It is understood that all services rendered to CLIENT under this Contract shall be mointored by CLIENT; however, CONTRACTOR's dally activity, schedules, health and safety precautions, methods and means of performing the actual Serv/ces 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 conslraed 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 I of 4 Commercial Contract - Contract revS.doc 07/01/01 THIS CONTRACT IS NOT VALID UNTIL COUNTERSIGNED BY ~ CONTRACTOR AND ANY OFFER iS SUBJECT TO ACCEPTANCE BY THE CONTRACTOR GEO-MARINE, INC, B&P # ?~O00.03. f? 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 Representatiom, Warranties and Covenants. A. Permits; Licenses; Training: Staflln~ 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 roles 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, roles and regulations. CONTRACTOR represents that it has, or will secure at its own expense, all personnel, equipment, and subcontractors requked 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 roles 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 subconU'actors' ability to perform the Services, or wkich would prevent CONTRACTOR, its employees, agents, or subcontractors from maintaining the maximum confidentiality provided for in this Contract. C. Site Conditions. CLIENT will inform CON"TRACTOR 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 Standing. CONTRACTOR and CLIENT have the power and authority to enter into tkis ConWact. 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 fi.om 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 flee and clear of any and all liens, claims or encumbrances perminlng to responsibilities outlined in Exh/bits A & C. CLIENT shall promptly pay all bills incurred by CONTRACTOR in performance of the Services. In the event that ail fees and moneys owed for the Services provided are not paid in accordance with tiffs 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 mech~nlc's lien if such notice is required. F. Equal OpporluniW. During the Services, CONTP, ACTOK shall, in good faith, afford equal oppornmity as set forth under and required by federal, state or local roles and regulations to all employees and applicants for employment without regard to race, color, religion, sex, handicap, or mtior~ origin. CONTRACTOR further agrees to afford equal opportunity as set forth and reqmred 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 terms 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 CONq2~,ACTOR 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 GEO-MARINE, INC. B&P # 7f000.03. t7 of receipt of texmi~tion, plus r~asonable 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 CONTKA. CTOR, including, strike, fire, riot, act of God, goveramental action, action or omission by CLIENT, the Services shall be amended by CONTRACTOR and CLIENT in accordance with paragraph 2 of th/s 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 indenmify, defend, and hold harmless CLIENT fi.om and against any and all lawsuits, claims, liabilities, actious, causes of action, demands, losses, damages, forfeitures, penalties, fines, costa and expenses, including, but not limited to, attomeys' fees and expenses, arising fi.om (i) a breach by CONTRACTOR of any term 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 conUactor 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, fmcs, 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 tiffs Contxact; 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 1 I. 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 carded by CONTRACTOR 12. Assigranents/Subcunb-acts. 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. Tiffs 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 shah 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 coustitute one and the same instrument. The headings herein are for convenience of reference only and shall not be deemed a part nf 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 fight, power or remedy under this Contract shall impair any fight, 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 acqu/escence in any breach or default under th/s 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 Conttact shall be governed by and construed under the laws of the State of Texas. 16. Notices; Commmficatious. 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 il'personally delivered or transmitted by first class, registered or certified mall, postage prepaid, expedited delivery service, or telegram. 17. Arbitration. Any controversy or claim arising out of ur relating to this Contract or the breach nf this Contract shall be settled by arbitration in accordance with the Commercial Arbitration niles of the American 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 fi.om 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.d~c 07/01/01 THIS CONTRACT IS NOT VALID UNTIL COUNTERSIGNED BY THE CONTRACTOR AND ANY OFFER IS SUBJECT TO ACCEPTANCE BY TH~ CONTRACTOR GEO*MARINE, INC. B&P # 7'1000,03.'17 Conlract replaces and supersedes all prior discussions and agreements between ~ and CONTRACTOR with respect to thc matters contained herein. AGREED AND ACCEPTED: ~ame: ~__J ?~ ~-/' ,77~ ' ' -~5/ Title: C'-"/fi"7 Agreement for Engineering, Environmental & Cultural Resource Services CONTRACTOR: GEOkMAREVE, INC. Name: Carlos Nava Title: Contracts Admi~strat~r Date: ' ~/,~ / o ~ Page 4 of 4 Commercial Contract- Con~act rev8.doc 07/01101 THIS CONTRACT IS NOT VALID UNTIL COUNTERSIGNED BY THE CONTRACTOR AND ANY OFFER IS SI.J~/ECT TO ACCiE~FrANCI] BY ~ CONTRACTOR EXHIBIT A Compensation for Environmental Services is estimated not to exceed $1.000.00 based on the following Time and Materials Rate Schedule. L ENGINEERING, ENVIRONMENTAL & CULTURAL RESOURCE SERVICES Time nnd Materials 1L~te Schedule Exhibit A: Effectve 4/0l/0i Ao Personnel 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. HO~Y~ Archeologist, Senior 75.00 Archeologist 55.00 Archeologist, Field Supervisor 45.00 Architect, Historic 101.00 Architectural Historian 55.00 OsteologSst, Sunfior 75.00 Osteologist' Project 50.00 Biologist / Wetland Scientist, Senior 85.00 Biologist/Wetland Scientist, Project 70.00 Biologist / Wetland Scinntst 55.00 CADD/GIS / Graphics Project Manager 135.00 Ch~.st 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 Envirommental Scientist 65.00 Enviromnental Noise Specialist 75.00 Geologist/Hydrogeologist' Senior 80.00 Geologist/Hydrogeologist, Project 65.00 Historian 60.00 Industrial Hygien/st / Safety Professional 90.00 ManageL Program / Noise Specialist 135.00 Air Specialist 90.00 Manager, Project / Operations 90.00 planner, Senior 90.00 Plarmer, Project 70.00 Principal, Principal Oversight & Technical 150.00 Scientist' Senior 90.00 Scientist, Project 70.00 NEPA Pro~'am Manager 120.00 NEPA Project Manager 95.00 NEPA Specialist 85.00 Operations and Administrative Personnel Rates: These rat~s apply to personnel performing labor in support of the con~'act work (whether performed on site or offaite). CLASSIFICATION Administrator, Project / ConU'act Technical Editor Clerical / Secretarial, Project CADD/GIS/Graphics Technician, Scm/or CADD/GIS / Graphics Technician, lh'ojeot CADD/GIS / Graphics Technician, Junior Foreman, Emergency Response Foreman, Remediafion Officer, Site Safety Operator. Equipment Supervisor, Emergency Respovae Supervisor / Driller, Genprobe Supervisor, Remediation Technician II, Archeological Technician I, Archeological Technician, Emergency Response Technician II, En$inee~/ng Technician I, Engnnecnng Technician, Geoprobe Technician, Industrial Hygiene/Environmental Technician, Rerne~diaton HO~Y~ 55.00 65.00 45.00 90.00 70.00 55.00 75.00 65.00 75.00 45.00 85.00 75.00 75.00 40.00 30.00 50.00 65.00 55.00 45.00 45.00 40.00 Page 1 of 4 commercial Rate Schedule rev 6 5/1/01 GRO-HARINE, TNC. II. Section I.B. Notes - 1. Standard Hours - All labor rates above arc for "Standard Hours". For puqvoses of th/s 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.r~ Monday through Friday, exclusive of Goo-Marine holidays. A calendar week is Monday through Stmday. 2. Non-Standard Hours - For purposes of this Rate Schedule "Non-Standard Hours" is defined as: (1) all hours worked before 8:00 a.m. and/or aRer 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 arc also in excess of eithar 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 wili 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 Oeo-Marine holiday will be billed az "Holiday Hours' pursuant to Note 3 below. 3. Holiday Hours - The rates for labor performed on Gee-Marine holidays will be 2 time~ the rates scheduled in Section I. A. above. 4. Goo-Marine holidays arc: Thanksgiving, Day after Thanksgiving, Chrislmas, 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 ts performed by union ~mployees, Goo-Marine shall include any additional holidays provided for in the applicable collective bargaining agreement. Notes Pertaining to Rates in Section I.A. and Section I.B. - 1. The above rates apply to all perso~mel on the project whether actual Goo-Marine employees or tempo,.rar¥ labor (e.g. l~r?ided through labor sexxSces or subconWacturs) and will be billed at the eorreeponding hourly rates above apphcabhi to the posmun. 2. Ge, o-Marine pemorm¢l 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. Ia the event any personnel scheduled above are engaged to provide expert testimony in any court or admialsU'ative 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. Equipment Rental Vehicles, Trailers and Equipment - DESCRIPTION GeoProbe System, 5400 series, truck mounted Trailer, Equipment Storage Trailer, Steam Cleaner, 1500 psi heated Trailer, Utility Truck, Va-3~4 ton Truck, 1 ton 2x4 Truck, I ton 4x4 Vehicle, Utility (Sedan/Van) Work Boat w/motor, 12-16 f~ Work Barge w/motor, 16-18 it Work Boat w/twin motors, 26R ATV (4-wheei) 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 25.00Paour + .45/mile 10.00/hour + .45/mihi 225.00/day + fuel 350.00/day + fuel 950.00/day + fuel 350.00/day + fuel NOTE: For purposes of compuung rental charges, the term calendar d y 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 ~ntil such ~quipment is retained to Goo- 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 ra!e based on the 8-hour rate divided by 8. The above rates do not include operators and supplies that will be billed at rates hsted m this schedule. Testing Equipment DESCRIPTION Area~Personal Air Moaitors Combustible~Oxygen Multiple Gas Detector Combustible/Oxygen Gas Detector Direct Reading Detector Drager Pump (detector tubes additional) Flamelonization Detector (FID) Gas Chromatograph, Portable Mercury Vapor Meter Noise Dosimeter pH Meter Photoioalzation Detector (PID) Slim Tube Sampler Split Spoon Sampler Sub-surface Soil Sampler Water Level Iadicator Hydrolab 75.00 100.00 50.00 300.00 50.00 100.00 250.00 150.00 I00.00 50.00 100.00 100.00 105.00 75.00 25.00 105.00 Page 2 of 4 Commercial Rate Schedule rev 6 5/01/01 Other Equipment - DESCRIPTION Camera, Digital Camera, Underwater Digital Camera, 35 mm Camera, Video Computer, Portable Copier, Portable Fax, Portable Global Positioning System (Pro XP~) Global Positioning Systera (Pro XRS) v~ Laser Hygrometer Ne~s, Siene Phone, Mobile Printer, Portable Radio, Base Radio, Hand-held Sampler, Ekman Dredge Tools, Small (shovels, ffowels, etc.) D. Other Rental Provisions DAILY RENTAL RATIO. 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 airfime 25.00 plus supplies 100.00 25.00 20.00 5.00 The following additional rental provisions apply to the extent they do not conflict with any of thc Notes above. 1. The rates scheduled above apply to equipment utilized by Geo-Marinc in thc performance of the work. R~nnd shall be charged for all hours the equipment is in the possession of Geo-Marine eml~loyee~ peffo .m~ing w..o.rk, at the work site, whether or not such equipment is in constant use. The mm~mum rgntni period for dally eqmpmeot is one [1) nay. 2. The rates stated in sections Il. A through C above si~all be applied to. all.items of equiEmant on the s?.hed~ules.w, hi~h u~lized in the p~fo.~e of the wort, whether s~pl~ ~.o.m ~M~.na mveoto~y, ~pecndIy p~cha~.o~y~a-ne p~rformance of the work, procured from an Geo-Marine affiliate, or rented by Geo-Marme from a non-arena 3. The charges for opgrators to man the equipment in Sec'dona II. 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 scndces. 4. The rates in S~tion 1I. do not include pick-up, delivery, consumables us~ in operation of the equipment, fuel, oil and grease, tarps, and/or demurrage and will be charged at cost plus twenty perc~t (20%). IH. Personal A. Protective Clothing and Equipment Protective Clothing and Respiratory Items - DESCRIPTION Boots/Booties: Booties, Saranex Booties, Tyvek Boots, Chemical Boots, Latex Overshoe Breathing Cartridges: HEPA Racal Mersorb, Mtl /Mercury Vapors / Chlorine GME-H, Vap./Chlorine / Asbestos / Rad. GMD-H, Ammonia / Methylamine / Rad. GMD, Ammonia / Methylamina / Rad. GIMP, Pesticide / Paint / Dust / Vapors Gloves: Liners 4H Protective Brown Jersey Cotton Nitrile / Pettoflex 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 orice or oer V.C.) 5.25/pair 2.10/pair 55.00/pair 6.00/puir 53.50/each 31.00/pair 27.00/pair 23.00/pair l~.00/pnir 15.30/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 (se~ also V.D.) 49.50/each 15.00each 25.70/each 10,50/each 100.00/each Page 3 of 4 Co~nercial Rate Schedule rev 6 5/1/0~ GEO-HA~INE, IHC ~, Additional Items - DESCRn~rION Breathing Air Linc - 50 ft. Breathing Air Refills (]ow pressure) Breathing Air Rcfilla (high pressure) 12 Cylinder Pack of Breathing Ah' Escape Pack 5 Minute Manifold and Regulator Portable Breathing Air System (Class C, Grade D) SCBA 30 Minute $CBA 60 Minute PRICE {listed orlee or ocr V.C.) 15.00/day 10.00/40 cfbtl 15.00/65 cfbtl 120.00/day 30.00/day 90.00/day 210.00/day 40.00/day 52.00/day IV. Materials DESCRIPTION Bags (Unmarked), 6 mil Brush, Decon Decon Pools Detector / ColormetricTubes PCB Wipe Sample 1 oz. and Container pH Sticks Polyethylene Sheeting (20' x 100' roll) 6 mil Tubes, Colliwasa Wipes, Woven Cotton Section IV. Notes - pRICE (listed price or ocr V.C.) 2.25/each 9.88/each 9.75/each 12.50/each 4.30/each 11.00/package 85.00/roll 21.00/each 7.75/lb. 1. The foregoing pricea shall be applied to all matofials 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 Gee-Marine's sources, or purchased locally by Geo-Mafine from either an affiliated or non affiliated entity. V. Reimbursables A. Subcontract Services - The compensation paid Geo-Marine for all laboratory sen, ices, testing services, uansportation, and/o~ other services which are not performed by individuals scheduled in Seel/on, I above working under the direct supervision of Geo~ Marine; but, rather, are subcontracted by Geo-Mafine, shall be Geo-Marine s cost for such subcontract service plus twenty percent (20%) Geo-Marine mark-up on such costs. - heduled. . Em.' meat. - The eom ensation pa d Geo-Marine for any equipment utilized by Gan-Marine in performance of the B. Nwgrn~SwChich ,s no[qlxstPe~t ,n schedules ~Pu~der Section II and Ill above shall be Geo-Marlne's rental cost plus twenty percent (20%) Geo-Marine markup on such costs. C. Non-Scheduled Materials - The compensafi°n Paid Ge°'Marine thr anY matorials ufilize~l b,Y Ge°'M-arln-e in per~°.rm 'aneetx°vfentht~ work which are not listed in schedules under Section IV above shall be equal to Geo-Marme s cost ut SUCh materials plus ty 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-Mafine's standard uniform are provided by Geo-Marine but not included in the schedules above. Geo-Mafine shall be compensated for these iterva by the application of a charge of $10.00 per per~on 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 fi`om 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 commuting area for the site of the work, a lodging and per diem charge eqnival .en.t to the. app..roved, curreat ,g.o,x?rn~t [eatethPe~aa~ for that area shall be due for each day such employee ts present at the locale or me worz. rot purposes o~ tins scnmu , commuting area is defined as being within 50 miles of the work. F. Freightrfransportafion Charges - Geo-Marine shall be compensated for costs incurred for the Wansportafion of equipment and materials to the site of the work and for the transpomtion 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%) Gen-Mafine 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 local sales or use taxes and/or the cost of any necessary pernuts on the basis of Geo-Manne s actua cost incurred for such items. H. Licenses, Easementz 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 eg~e~s to obtain access or right-of-way to property necessary to perform the work, The Client is additionally responsible for airangmg for transportation and disposal of any investigation derived wastes, Page 4 of 4 Commercial Rate Schedule rev 6 5/01/01 EXHIBIT B This exhibit is not used. EXHIBIT C Scope of Services Geo-Marine, Inc. Ruby Road Wetland Delineation Coppeli, TX Prepared for: City of Coppell GMI B&P No. 71000.03.17 13 December 2001 Project Description For this project, Geo-Marine, /nc. (GMI) wetland biologists will perform envLronmental surveys to delineate waters of the U.S., including wetlands on approximately 5 ae~es along Ruby Road, near the intersection of State Road in CoppeR, 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 requLring exddence of hydrophytic vegetation, hydric soils, and wetland hythology 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 ali wetlands and adjacent upland sites for comparative purposes. The del/neation 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 reformation, and any problems encountered potentially requiring consultation with the USACE for a jurisdictional determLnation; · Delineation map ofjurisdictiouaI 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.