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09-0079 " c' New Hanover County Contract 09-0079 NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS CONTRACT, made and entered into this ~ day of ~nft.. 'u... , 2008, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and WITHERS & RAVENEL, INC., a North Carolina corporation, hereinafter referred to as "Contractor"; WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the County as follows: 1. Scope of Services. Contractor shall serve as turnkey project coordinator for Ash Remediation Project consisting of removal of ash contaminated soil; installation of three monitoring wells; and execution of semi-annual monitoring program in accordance to Exhibit "A", attached hereto and incorporated herein. 2. Time of Performance. Contractor shall commence work upon Notice to Proceed and all work shall be completed within two (2) years from said Notice. 3. Pavment. County hereby agrees to pay to the Contractor for the total cost of this contract, a sum not to exceed Sixty-Three Thousand Seventeen and 70/100 ($63,017.70) Dollars. 4. Extra Work. County and Contractor shall negotiate and agree upon the value of any extra work prior to the issuance of a Change Order covering said extra work. Such Change Order shall set forth the corresponding adjustment, if any, to the Contract Price and Contract Time. 5. Indemnitv. Contractor shall indemnify and hold New Hanover County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of contract or personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Contractor hereunder, resulting from the negligence of or the willful act or omission of Contractor, his agents, employees and subcontractors. Page I of7 dm ORIGINAL New Hanover County Contract 09-0079 6. Insurance. Contractor shall maintain insurance from companies licensed to write business in North Carolina, with an A.M. Best rating of "A" or higher, and acceptable to County, of the kinds and minimum amounts specified below. 7. Certificates and Notice of Cancellation. Before commencing work under this contract, Contractor shall furnish County with certificates of all insurance required below. Certificates shall indicate the type, amount, class of operations covered, effective date and expiration date of all policies, and shall contain the following statement: The insurance covered by this certificate will not be canceled or materially altered, except after thirty (30) days written notice has been received by County. The Certificate of Insurance, naming New Hanover County as an additional insured, shall be further evidenced by an actual endorsement furnished to the County from the insurer within thirty (30) days of the signing of the contract between the Contractor and the County. 8. Workers Compensation and Emplovers Liabilitv Insurance. Covering all of the Contractor's employees to be engaged in the work under this contract, providing the required statutory benefits under North Carolina Workers Compensation Law, and employer's liability insurance providing limits at least in the amount of $100,000/500,000/100,000 applicable to claims due to bodily injury by accident or disease. 9. Commercial General Liabilitv. Including coverage for independent contractor operations, contractual liability assumed under the provisions of this contract, products/completed operations liability and broad form property damage liability insurance coverage. The policy shall provide liability limits at least in the amount of $1,000,000 per occurrence, combined single limits, applicable to claims due to bodily injury andlor property damage. New Hanover County shall be named as an additional insured under this policy. Page 2 of7 dm New Hanover County Contract 09-0079 10. Automobile Liabilitv Insurance. Covering all owned, non-owned and hired vehicles, providing liability limits at least in the amount of $1,000,000 per occurrence combined single limits applicable to claims due to bodily injury and/or property damage. 11. Professional Liabilitv Insurance. The Contractor will be required to take out and maintain Professional Liability Insurance providing liability insurance limits at least in the amount of $1,000,000. The Contractor will be required to maintain this coverage for a period of at least two (2) years beyond substantial completion of the contract. 12. Pollution Liabilitv Insurance. Contractor shall maintain Pollution Liability Insurance covering errors and omissions arising out of the work or services performed by the Contractor, or anyone employed by the Contractor, or anyone whose acts, mistakes, errors and omissions the Contractor is legally liable, with a liability insurance limit of $1,000,000 each claim. 13. Independent Contractor. It is mutually agreed that Contractor is an independent contractor and not an agent of the County, and as such the Contractor shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workmen's compensation, or pension and retirement benefits. 14. Warrantv. The Contractor warrants County that any and all labor furnished to progress the work under this contract will be competent to perform the tasks undertaken, in a workmanlike manner, so as to meet the standards of workmanlike quality prevailing in North Carolina at the time of construction, that any and all materials and equipment furnished will be of good quality and that the work will be of good quality, free from faults and defects and in strict conformance with this contract. All work not conforming to these requirements may be considered defective. All work shall conform to applicable Federal, State and local laws and regulations. Contractor shall be responsible for all costs, damages and expenses including, but not limited to, penalties, fines and fees, that the County may incur as a result of Contractor's failure to perform under this Agreement. Page 3 of7 dm '" " New Hanover County Contract 09-0079 15. Default and Termination. If Contractor fails to prosecute the work with such diligence as will insure its completion within the contract time, or if Contractor breaches any of the terms or conditions contained in this contract and fails to cure said breach within two (2) days of County's mailing of Notice of Default, or otherwise fails to perform the work hereunder to the County's reasonable satisfaction, County may terminate this contract forthwith. Upon termination, County may, without prejudice to an action for damages or any other remedy, take the prosecution of the work out of the hands of Contractor. County may enter into another contract for the completion of the contract, or use such other methods as may be required for the completion of the contract. County may deduct all costs of completing the contract from any monies due or which may become due to Contractor. In the event this project is terminated prior to completion of the services by the Contractor, the Contractor shall be paid for services performed to the date of termination. In no event will the amount due Contractor in the event of termination exceed that amount set forth in paragraph 3 of this Contract. Nothing contained herein shall prevent the County from pursuing any other remedy which it may have against Contractor, including claims for damages. 16. Termination of Convenience. County may terminate this Contract for convenience at any time and without cause. Upon receipt of notice, Contractor shall immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Contract. 17. Non-waiver of Riahts. It is agreed that either party's failure to insist upon the strict performance of any provision of this Contract, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this Contract. 18. Conflict of Interest. No paid employee of the County shall have a personal or financial interest, direct or indirect, as a contracting party or otherwise, in the performance of this Contract. Page 4 of7 dm '. New Hanover County Contract 09-0079 19. Entire Aareement. This agreement constitutes the entire understanding of the parties. 20. Bindina Effect. This contract shall be binding upon the parties hereto, and their heirs, successors, executors, administrators and assigns. 21. Further Actions. The parties will make and execute all further instruments and documents required to carry out the purposes and intent of this contract. 22. Inclusive Terms. Use of the masculine herein shall include the feminine and neuter, and the singular shall include the plural. 23. Governina Law. All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of North Carolina. 24. Notices. All notice required hereunder to be sent to either party shall be sent to the following designated addresses, or to such other address or addresses as may hereafter be designated by either party by mailing of written notice of such change of address, by Certified Mail, Return Receipt Requested: To County: New Hanover County Environmental Management Attention: Paul Marlow, Environmental Management 3002 US Highway, 421 North Wilmington, North Carolina 28401 To Contractor: Withers & Ravenel, Inc. Attention: Brian J. Bellis, P.G. 7040 Wrightsville Avenue Wilmington, NC 28403 25. Assianabilitv. It is mutually agreed by the parties hereto that this contract is not transferable and shall not be assigned by either party without the written consent of the other party to this contract. 26. Amendments. This Contract shall not be modified or otherwise amended except in writing signed by the parties. Page 5 of7 dm New Hanover County Contract 09-0079 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the day and year first above written and by authority duly given. NEW HANOVER COUNTY =:) ~) County Manager \ Clerk to the Board Ilo'+~ '" Ra ve.., ~~ '\co .....-.~ ~; ~~fb/"'O~~Oll~1:~'" So':::.' c:J ~-:t i€~l "! [CO~P~RA. ~ALJ' j S*, *iE '- X I ~ A...... .~ ftt. ~ ~..yo ...........\.~~" ~ ~4: 1'/ CaIO" ~~ ATTE T "" ..\\\ : 'I, IUIII'\\'\\" :~&~C Th sins ument has been pre- audited in the manner required by the Local Government Budget a d Fiscal Control Act. Approv~ to form: ~~)~. -~ County Attorney I?, NORTH CAROLINA NEW HANOVER COUNTY I, mb.er1 'h . ~wt1 , a Notary Public of the State and County aforesaid, ce ify that eila L. Schult acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Manager, sealed with its corporate seal and attested by herself as its Clerk. t", L WITI'{,~SS""'''m,Y" hand ~?$~::?~~h..~::.~~~ g ~""NOTARY""~ ~ ~: . ~ " : My Comm. \ ;: - : Expires : ; '" \ 3/24/2011 : % A:....PUBLIC....~. " ~ ''& ..... .... ~.., 2 '/......... q, It. ........ ",$' ........" ElnOver CO' ",,\ 111/11111111111111\\\\\\ and official seal, this c2.~ day ~"~.~,,JA Q,. O~ tM~~~ of Page 6 of7 dm New Hanover County Contract 09-0079 My commission expires: NORTH CAROLINA t</ (4lu. tJ[\N IIAtJOVCI1 COUNTY I &.u; E el!4aJ , a Notary Public in and for the State and County afo~esaid, certify that Sil/J7t.L"'" li!Aj/c/Ytr':' , personally came before me this day and acknowledged that he is President of WITHERS & RAVENEL, INC., and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its president. WITNESS my hand and official seal, this la-;/.. day of /JnJ"o:l: ~.-C. ~ Notary Public ,2008. My commission expires: ~ liP, 02""3 Page 7 of7 dm EXHIBIT f:\ E)" ;, :.. C WITHERS OC RAVENEL ENGINEERS I PLANNERS I SURVEYORS PROPOSAL FOR ASH REMEDIATION PROJECT New Hanover County WASTEC Facility 3002 Highway 421 North, Wilmington North Carolina Prepared for New Hanover County Department of Environmental Management 3002 US Highway 421 North Wilmington, NC 28401-9008 Prepared by Withers & Ravenel 7040 Wrightsville Avenue Wilmington, NC 28403 July 16, 2008 WITHERS &RAVENEL ENGINEERS I PLANNERS I SURVEYORS July 16,2008 New Hanover County Department of Environmental Management 3002 US Highway 421 North Wilmington, North Carolina 28401-9008 Attention: Mr. Paul Marlow, CHMM, REM Environmental Programs Manager Subject: Proposal for Ash Remediation Project New Hanover County WASTEC Facility 3002 Highway 421 North Wilmington, North Carolina Withers & Ravenel Proposal No. 0308064 Dear Mr. Marlow: We appreciate your consideration of Withers & Ravenel to conduct the environmental remediation project described in the New Hanover County Department of Environmental Management request for proposals dated July 1, 2008. Withers & Ravenel has the relevant experience and expertise to undertake work of this nature, and would welcome the opportunity to assist you with this project. Our proposal includes detailed descriptions of pertinent background information, the proposed scope of services, New Hanover County responsibilities, project schedule, fees for services, and authorization procedures. Background Information Information regarding the project was provided in the County's July 1, 2008 request for proposals, and during guided site visits conducted on July 7 and 8, 2008. Incinerator ash generated at the subject site inadvertently entered the stormwater drainage system, which discharges into a wooded area on the eastern side of the WASTEC facility property. New Hanover County reported the incident to the North Carolina Department of Environment and Natural Resources (NCDENR), Division of Waste Management - Solid Waste Section, and that agency directed the County to conduct an assessment to determine if the discharge had adversely affected underlying groundwater quality. The County contracted Withers & Ravenel to conduct the groundwater assessment, the results of which are contained in a report dated May 5, 2008, and submitted the report to the Solid Waste Section. Results of the assessment indicated that groundwater beneath the area where ash can be observed on the ground surface exhibited Cadmium concentrations that exceed the North Carolina groundwater standard for Cadmium established in 15A NCAC 2L. This caused the Solid Waste Section to issue a Notice of Violation dated 111 MacKenan Drive I Cary, NC 275111 tel: 919.469.3340 I fax: 919.238.2099 I www.withersravenel.com 7040 Wrightsville Avenue, Suite 1011 Wilmington, NC 284031 tel: 910.256.92771 fax: 910.256.2584 Proposal for Ash Remediation Project New Hanover County WASTEC Facility July 16,2008 Page 2 of8 June 9, 2008, which instructed that in order to attain compliance with 15A NCAC 13B .0509(6) and .0509(9), the County should take the following actions: 1. Implement corrective action by confirming the full extent of the ash release 2. Remove the full extent of the ash release from the site 3. Conduct additional assessment to completely delineate the groundwater contaminant plume 4. Continue monitoring groundwater conditions on a semi-annual basis until contaminant concentrations are reported below the 15A NCAC 2L standard The New Hanover County Department of Environmental Management subsequently conducted an in-house assessment of the horizontal and vertical extent of affected soils in the discharge area. Through this assessment, the County determined that the extent of affected soils is approximately 100 by 250 feet in area, and 18-inches in depth. The area of affected soils is presently marked with flagging. Through their assessment, the County has met the requirements of item 1 referenced above. The County now needs assistance from a qualified environmental consultant to meet the requirements of remaining items 2, 3 and 4. Proposed Scope ofSeNices If awarded the contract for this project, Withers & Ravenel will serve as the turnkey project coordinator to complete the scope of services described in Attachment A of the July 1, 2008 request for proposals. We will conduct the scope of services in accordance with current NCDENR Solid Waste Section policies, applicable OSHA regulations, and EPA Region IV well installation and sampling procedures. The project will consist of three consecutive tasks. Task 1 will consist of constructing a temporary road into the affected area, removing trees and vegetation from the area, excavating the top 18-inches of soil within the affected area, and transporting the excavated soil to an on-site staging area that will be lined with 6-mil plastic sheeting. Task 2 will consist of the installation, development and sampling of two additional shallow (Type II) groundwater monitoring wells, and a deep telescoping (Type iiI) monitoring well, testing the samples for Cadmium content, and preparing a report that documents the results. Task 3 will involve preparation of a groundwater monitoring plan, and implementing the monitoring plan on a semi-annual basis for a period of two years. Additional information regarding the scope of services to be performed within each task is provided in the following paragraphs. Proposal for Ash Remediation Project New Hanover County WASTEC Facility July 16, 200B Page 3 ofB Task 1: Removal of Ash Withers & Ravenel will subcontract the services of A&D Environmental Services, Inc. (A&D), a qualified North Carolina environmental remediation contractor that we have worked with on similar types of projects in the past, to perform the site clearing and soil removal aspects of this task. Withers & Ravenel will provide an on-site representative to oversee and document the activities of our subcontractor. A&D will prepare a site specific Health & Safety Plan and all personnel assigned to work at the site will be 4o-hour OSHA HAZWOPER trained and medically monitored. A&D will mobilize the following resources to the site to conduct this task. E ui ment (1) Service Truck (2) Dum Trucks (1) Trackhoe (1) Track Loader (2) Chainsaws (200 ft) Silt Fence Materials Personnel Protective E ui ment Ex endables 6-mil Pol eth lene Sheetin Road Fabric ABC Stone # Stone Prior to beginning invasive activities in the affected area, A&D will install silt fencing to the east and down slope of the area for sedimentation and erosion control. They will then clear and grade an access way and place road bed fabric along the route. ABC stone and/or #57 stone will be place on the fabric and compacted with a trackhoe to form the access. Disturbed area on both sides of the access road will be graded, seeded and covered with straw as an erosion control measure. A&D will then use the equipment and manpower shown above to clear and grub the affected area. Stumps and root mats will be shaken or handled in a fashion to remove as much soil as possible within the affected area. A&D will then transport the removed trees, stumps and root mats to a NCDENR Solid Waste Section permitted Land Clearing and Inert Debris landfill or processing/disposal facility. It is our understanding that A&D will be permitted to use the scales at the WASTEC facility so we can keep track of the amount of land clearing debris that is removed from the site. A&D will then prepare the designated staging area to receive excavated soil and ash by placing 6-mil polyethylene sheeting on the ground surface. Hay bales will be placed under the outer edges of the sheeting for stability and runoff control. The top 18-inches of soil within the affected area will then be excavated and transported up the access way to the staging area. The stockpiled soils will be covered and secured with 6-mil polyethylene sheeting at the end of each work day and during rain events that may occur during the work day. The County estimates that approximately 1,400 cubic yards of soil will need to be removed from the affected area, which is approximately equal to a 1.5 foot thickness of soil over a 100 by 250 foot area. The access road and silt fencing will remain in Proposal for Ash Remediation Project New Hanover County WASTEC Facility lu{y 16, 2008 Page 4 of8 place after the affected soils have been removed and stockpiled. However, the excavated area will not be backfilled or seeded. Rather, the area will be allowed to re-vegetate naturally. After A&D has completed its work and has left the site, the stockpiled soil will be managed and disposed by the County. Task 2: Monitoring Wells Following completion of soil removal within the affected area, Withers & Ravenel will return to the site to install the three monitoring wells specified in Attachment A of the July 1, 2008 request for proposals. Our services to complete this task will include the following: . Mobilization of trained Withers & Ravenel and subcontractor drilling personnel and appropriate sampling equipment to the site. . Advancement of three soil borings for collection of soil samples for classification purposes, and to accommodate installation of groundwater monitoring wells. . Installation of two 2-inch inner diameter (lD) Type II PVC monitoring wells, each with a lS-foot length of o.ol-inch slot PVC screen. For cost estimating purposes and as directed in the request for proposals, we have assumed that the total depth of each well will be 20 feet. Because these wells and the existing wells will be used for groundwater monitoring purposes for the next two years (see Task 3), our proposed cost includes installation of aboveground steel protective covers for each of the new and existing wells. The wells will be constructed in accordance with lSA NCAC 2C by a North Carolina Certified Well Driller (Quantex, Inc. Certification # 3106) and each wellhead will be secured with a locking cap. . Installation of one telescoping type (Type Ill) PVC monitoring well to provide a means of assessing groundwater quality at greater depth and defining the vertical extent of Cadmium in groundwater. Type III monitoring well constructions consist of an outer larger diameter PVC casing that is grouted into place, and an inner smaller diameter casing that extends through the bottom of the outer casing to intercept a lower water bearing strata. The outer casing of the Type III monitoring well will consist of 4-inch ID Schedule 40 PVC pipe that will extend through the surficial aquifer and ten feet into the fine- grained sediments of the Pee Dee Formation, which we expect to encounter at a depth of approximately 3S feet based on our previous drilling experience in the vicinity of the site. The outer casing will then be tremie-grouted into place. After the grout has been allowed to cure for at least 24 hours, the boring will be extended below the bottom of the outer casing and 10 feet further into the Pee Dee sediments using the rotary wash drilling method. At this depth, a five foot length of 1-inch 10 Schedule 40 PVC well screen attached to an appropriate length of 1-inch 10 Schedule 40 PVC riser pipe will Proposal for Ash Remediation Project New Hanover County WASTEC Facility July 16, 2008 Page 5 of 8 be inserted into the boring. Filter sand will be installed around the screened section and a bentonite seal will be installed above the filter sand and into the outer casing. The remaining annular space between the inner and outer well casings will be filled with bentonite-cement grout by the tremie method. The top of Type III well will be secured with a locking water-tight cap, and a above ground steel protective cover will surround the well head. . Purging of potentially stagnant groundwater from each monitoring well using low-flow sampling equipment (Grunfos<ID Rediflow submersible pump, peristaltic pump, or bladder pump), including dedicated Teflon<ID tubing which will remain in the wells for use during future sampling events. We will measure and record the pH, specific conductivity, temperature and turbidity of the water produced and the water level within the well at regular intervals during the purging process. We will use a Horiba U-10 Water Quality Checker connected to a flow cell or equivalent for field measurement of water quality parameters. . Collection of groundwater samples after removal of a volume of water no less than three times that standing in the well prior to purging, and after water quality parameters have stabilized. The samples will be decanted directly from the Teflon<ID tubing into laboratory prepared containers that contain appropriate amounts of the required preservative. The containers will be labeled with appropriate information and stored in a cooler with ice until delivered to the laboratory. . Completion of Chain-of-Custody documentation and delivery of the samples to our subcontractor laboratory Environmental Chemists, Inc. (Envirochem) in Wilmington for analysis of Cadmium using EPA Method 6010, or other NCDENR Solid Waste Section approved method if necessary. Envirochem is a NCDENR Certified Laboratory (Number 94) and is one of Withers & Ravenel's approved subcontractor laboratories. . Determination of new monitoring well locations by tape measure to .:': 1.0 feet, and measurement of relative top of well casing elevations using a builder's level to .:': 0.01 vertical feet. Horizontal coordinates of the new wells and elevations of the ground surface and top of well casings will be determined with respect to those of existing wells which were surveyed previously. . Preparation of boring logs, well completion reports, a site map showing well locations and water-table gradient, summary tables of well construction information and laboratory analytical results, and a written report that describes and documents our assessment activities, and our conclusions and recommendations. We will prepare a draft report for review by the New Hanover County Department of Environmental Management, and a final report following receipt of comments. The final report will be prepared for the exclusive use of New Hanover County. '.' Proposal for Ash Remediation Project New Hanover County WASTEC Facility July 16, 2008 Page 6 of 8 Task III: MonitorinR ProRram Withers & Ravenel will develop a written Groundwater Monitoring Plan that meets the requirements of 15A NCAC 13B .0504(1)(g)(iV) and .051O(d). The plan will serve as a guidance document that describes the monitoring well network, and that defines groundwater sampling and analysis procedures and methods that will be followed throughout the duration of the groundwater monitoring program. The monitoring program will include collection of groundwater samples from the six monitoring wells on a semi:annual basis for a duration of two years. Each groundwater sample will be analyzed for Cadmium using EPA Method 6010, or other NCDENR Solid Waste Section approved method if necessary. Withers & Ravenel will prepare a summary report following receipt of laboratory analysis results for each sampling event. Each report will describe in detail the field sampling methods used and the analytical results. For each event, we will prepare a draft summary report for review by the New Hanover County Department of Environmental Management, and a final report following receipt of comments. The final report will be prepared for the exclusive use of New Hanover County. New Hanover County Responsibilities As previously stated, the New Hanover County Department of Environmental Management conducted an in-house assessment of affected soils and has determined their extent to the satisfaction of the NCDENR Solid Waste Section. Therefore, responsibility for determination of the volume of affected soil to be removed rests with the County. Representatives of the County have stated to Withers & Ravenel that the incinerator ash generated at the WASTEC facility is periodically tested for the hazardous waste toxicity characteristic according to the Toxicity Characteristic Leaching Procedure, and that results of these tests show that the ash consistently meets criteria for classification as non.hazardous waste. Accordingly, and in compliance with 15A NCAC 13B .0509(6), the ash is used as daily cover at the New Hanover County Landfill, located to the north of the WASTEC facility on US Highway 421. We understand that the County has informed the NCDENR Solid Waste Section that the affected soils generated during this project will be disposed at the County landfill, where it will also be used as daily cover. We also understand that the County will be responsible for the following activities that are important to the timely and successful completion of this project, and achieving compliance with NCDENR Solid Waste Section regulations: . Clearly marking with flagging or other denotation the area where trees and vegetation are to be removed, and the area where an 18-inch thickness of affected soils are to be removed. Proposal for Ash Remediation Project New Hanover County WASTEC Facility July 16, 2008 Page70f8 . Providing and identifying heavy equipment staging and supply storage areas. . Providing and identifying stockpile area for affected soils. . Providing a non-potable water source for rinsing off equipment, if necessary. . Any testing of the excavated and stockpiled soil that may be required prior to transport to the disposal facility. . Any confirmation testing of soils remaining within the excavation area. . Loading and transportation of affected soils to the disposal facility. . Disposal of 6-mil plastic sheeting and hay bales remaining in the stockpile area following removal of the affected soils from the site. Project Schedule We anticipate that A&D will be prepared to begin work on Task I within two to three weeks of Withers & Ravenel's receipt of authorization to proceed from the County. A&D estimates that Task I can be completed within 5 to 7 workdays. Withers & Ravenel will begin Task 2 within two weeks of completion of Task 1. We expect that installation and development of the three additional monitoring wells will require 3 workdays, and that purging, sampling and surveying of the three wells can be completed in one day. Laboratory analysis of the samples typically requires two weeks and we will prepare our draft report for Task 2 within one week of receipt of the analysis results. Preparation of the Groundwater Monitoring Plan described in Task 3 will begin following submittal of the final report for Task 2. We expect that the draft plan will be ready for the County's review within one week thereafter. Collection of semi. annual groundwater samples will require one to two days to complete for each event. Laboratory analysis of the samples will typically require two weeks and we will prepare our draft summary report for each of the four semi-annual events within one week of receipt of the analysis results. Fees for Services Based on a project-specific quote that we received from A&D, and our experience with similar projects Withers & Ravenel will provide the scope of services described herein for the following fees: Task 1: Removal of Ash Task 2: Monitorinll Wells Task III: Monitorinll Proltram $44.325 (Lump Sum Fee) $10,075 (Time & Materials) $ 8,625 (Time & Materials) ,..' Proposal for Ash Remediation Project New Hanover County WASTEC Facility July 16,2008 Page 8 of8 A detailed breakdown of the estimated costs to complete each of the three project tasks is attached for your information. As requested, we offer the following itemization of our proposed fees as follows: Task 1: Removal of Ash $44.325 (Lump Sum Fee) Task 2: Monitoring Wells a) Total cost for installation and development of three wells at 20 ft depth: $5,250. b) Total cost, per foot, for well construction in excess of 20 ft: $96/foot. Please note that the only well that will be installed to a depth greater than 20 ft will be the telescoping deep Type 11/ well, which requires considerably more time and materials to install than a shallow Type II well. c) Total cost for sampling, analysis, and report generation: $1,460. Task Ill: Monitoring Program a) Total cost to prepare written monitoring plan: $1,665. b) Total cost to execute each sampling event, including report prep: $l,740/event or $6,960 for four events. Authorization Should New Hanover County select Withers & Ravenel to conduct the work described in this proposal, we would anticipate receiving an appropriate contractual agreement from New Hanover County for our review and signature. The fully executed agreement would constitute the contract between New Hanover County and Withers & Ravenel for this work. The Wilmington office of Withers & Ravenel appreciates the opportunity to propose our environmental engineering services for this project. Should you have any questions regarding the contents of this proposal, please do not hesitate to contact me at 910-256-9277. Sincerely, WITHERS ," RAVENEL EJ-=~e#ee?':' Brian J. BeiliU. Senior Hydrogeologist Attachment: Cost Estimation Worksheet .- , COST ESTIMATION WORKSHEET Proposal Name: New Hanover County WASTEC Facility Ash Remediation Project Proposal Number: P0308064 Date Due: July 17, 2008 I Task/Item Description I Unit Cost I Quantity I Item Cost I Subtotal I Task I: Removal of Ash Remediation Subcontractor Road construction, site c1earina & ash/soil excavation (if 5 days) $ 32,345.00 1 $ 32.345.00 20% Continaencv (if two additional days are needed) $ 6,469.00 1 $ 6,469.00 W&R Field Reoresentative Document subcontractor activities and material amounts $ 55.00 63 $ 3,465.00 Exoenses Vehicle $ 0.58 175 $ 101.50 5% Subcontractor administration fee $ 1,940.70 1 $ 1,940.70 Subtotal $ 44,321.20 Task II: Monitorina Wells Drill/no Subcontractor Mob/Demob $ 400.00 1 $ 400.00 Type II 2-in diameter monltorinq well and decon $ 40.00 40 $ 1,600.00 Tvoe III telescooina monitorina well and deean $ 60.00 55 $ 3,300.00 Difficult access/eauioment movina $ 200.00 1 $ 200.00 Steel sitck.UD orotective covers $ 160.00 6 $ 960.00 W&R Field Representative Supervise well installation, determine relative locations and elevations $ 55.00 24 $ 1,320.00 Develop and sample three new monitoring wells $ 55.00 12 $ 660.00 Laboratorv Subcontractor Cadmium Analvsis bv EPA 6010 or 200.7 $ 20.00 3 $ 60.00 Exoenses Vehicle $ 0.58 75 $ 43.50 Pumo rental $ 25.00 2 $ 50.00 Dedicated Teflon Tubinq $ 1.00 95 $ 95.00 Turbidity, pH, conductivity, temoerature meter $ 25.00 2 $ 50.00 5% Subcontractor administration fee $ 326.00 1 $ 326.00 ReDort PreDaration Sorina loas, aradient map, summary tables, draft report $ 55.00 12 $ 660.00 Proiect coordination, client contact, report review $ 115.00 3 $ 345.00 Subtotal $ 10,069.50 Task III: Monitorina Proaram Groundwater Monitorino Plan PreDare plan in accordance with NCOENR OWM reauirements $ 55.00 24 $ 1,320.00 Proiect manaqer review and approval of plan $ 115.00 3 $ 345.00 Groundwater Samplinq (4 Events) Pume and samole 6 wells on 4 seoarate occasions $ 55.00 48 $ 2.640.00 Laboratorv Subcontractor Cadmium Analvsis bv EPA 6010 or 200.7 $ 20.00 24 $ 480.00 Expenses Vehicle $ 0.58 100 $ 58.00 Pumo rental $ 25.00 4 $ 100.00 Turbiditv, pH, conductivity, temperature meter $ 25.00 4 $ 100.00 5% Subcontractor administration fee $ 24.00 1 $ 24.00 Semi-Annual Report Preparation (4 Reports) Prepare text, qradient map, summary tables, draft report $ 55.00 48 $ 2,640.00 Proiect coordination, client contact, report review $ 115.00 8 $ 920.00 Subtotal $ B,627.00 Praiect Total => $ 63,017.70 '. . ." ~ Itemization I1Task I: Removal of Ash Lumn Sum Cost => $ 44,321.20~ II ask II: Monitorina Wells Unit Cost Quantitv Item Cost Subtotal a) Total cost for installation and development of three (3) wells at 20 ft deD1h. Drillina Subcontractor Mobilization, difficult access, orotective covers $ 1.080~00 1 $ 1.080.00 Tvoe II 2-in diameter monitorino well and decon $ 40.00 40 $ 1.600~00 Tvoe III telescooinQ monitorinQ well and decon $ 60~00 20 $ 1.200~00 W&R Field Renresentative $ 55.00 18 $ 990.00 Exnenses $ 377~58 1 $ 377.58 Total for Item a $ 5,247.58 b) Total cost, per foot, for well construction in excess of 20 feet. Note: two shallow wells to be installed will be -20 feet deep based on existing data. Therefore the well that exceeds 20 foot depth will be the Type III telescoping well, which is requires considerably more time and materials to install than a shallow Type 11 well. Drillina Subcontractor $ 60.00 1 $ 60~00 W&R Field ReDresentative $ 16~00 1 $ 16.00 EXDenses $ 20.00 1 $ 20.00 Total for Item b $ 96.00 c) Total cost for samolinQ three wells, analvsis. and report aeneration. Laboratory Subcontractor $ 60.00 1 $ 60.00 W&R Field Representative $ 55.00 6 $ 330.00 W&R Renort Prenaration $ 1.005~00 1 $ 1.005.00 Exnenses $ 65.50 1 $ 65.50 Total for Item c $ 1,460.50 Task III: Monitorina Proaram a) Total cost to prepare written monitorina plan Groundwater Monitorina Plan Prepare plan in accordance with NCDENR DWM requirements $ 55.00 24 $ 1,320.00 Proiect manaQer review and annroval of nlan $ 115.00 3 $ 345.00 Total for Item a $ 1,665.00 b) Total cost to execute each samplina event, includino report preparation Groundwater SamJJlina (4 Events) $ 55.00 48 $ 2.640.00 Laboratory Subcontractor $ 20~00 24 $ 480.00 Exoenses $ 70~50 4 $ 282.00 Semi-Annual Renori PreDaration (4 Reoorts) $ 890.00 4 $ 3,560.00 Total for Item b $ 6,962.00 Note: Above cost includes determination of well locations by tape measure to .:t. 1.0 feet, and measurement of relative top of well casing elevations using a builders level to .:t. 0.01 vertical feet. Horizontal coordinates of new wells will be determined with respect to those of existing wells which were surveyed previously. ACORl)_ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYV) 1/3/2008 PRODUCER (704)799-1600 FAX: (704) 799-2955 THIS CERTlACATE IS 1SSUED AS A MATTER OF INFORMATlON Insurance Management Consultants ONLY AND CONFERS NO RIGHTS U~ON THE CERTlACATE HOLDER. THIS CERTlACATE DOES NOT AMEND. EXTEND OR 558 Wi~~iamson Road ALTER THE COVERAGE AFFOROED 8Y THE POUCIES BELOW. P. O. Box 41 77 Mooresville NC 2Bll7 INSURERS AFFORD1NG COVERAGE NAlC # INSURED INSURER A: Zurich American Insurance Withers & Ravenel, Inc. INSURER B; 111 Mackenan Drive INSURER c: INSURER 0: Cary NC 275ll INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANYI REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY r:~ IPOLl~~EcSnl~;~~~~~~,~~~~,I,~_~IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. liMITS SHO\Nl\l MAY A : RI=I= UC I 1M II~~ ~~~~ TYPE OF INSURANCE POLICY NUMBER P8~~~~~~ Pg~flffl~'g',A~N LIMITS ~ENERAL LIABIUTY EACH OCCURRENCE $ - 3MMERCIAL GENERAL LIABILITY ~~!t~~~19<;~ENTED 'e' $ - CLAIMS MADE D OCCUR MED EXP (ArNone nflrs<lnl $ PERSONAL & ADV INJURY $ o.<N<." Am.<r~T< $ ~'~ AGG~En ~:~ APiS PER: PRODUCTS.COMPIOPAGG S POlICY JECT Lee ~TOM081l.E U.ABIUTY COMBINED SINGLE UMrT $ (Eaaccident) - ANYAlJTQ - ALL O'/IINED AUTOS BOOIL Y INJURY (Perpel"3On) $ - SCHEDULED AUTOS - HIRED AUTOS BOOIL Y INJURY (Per accident) $ - NQN-ONNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE L1ABIUTY AUTO ONLY - EA ACCIDENT $ ==1 ANY AUTO OTHER THAN c"'Arr S AUTO ONLY: AGG $ :::J~SSlUMBREUA UABIUTY CAru nrcuocc~'rc $ OCCUR D ClAIMS MADE AGGREGATE $ $ ==1 ~EDUCTIBLE $ RETENTION $ $ WORKERS COPlPENSATION AND I T~~T~J}~; I IOJ~~ EMPLOYERS'LIABIUTY ANY PROPRJETORlPARTNEREXECUrrVE E.L_ EACH ACCIDENT $ OFFlCERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYE S Iryes, describe under E.' DISEASE - POLICY LIMIT S SPFCIAI PROVI!'l;!ONS below A OTHER PROFESSIONAL EOCS08811S-03 10/14/2007 10/14/2008 ... CLlUM $2,000,000 LIABILITY -- $4,000,000 DESCRIPTION OF OPERATlONSlLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTlFICATE HOLDER CANCELLATlON New Hanover County Attn: Margaret Dunlap 230 Government Center Drive Suite 125 Wilmington, NC 28403 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELlED BEFORE THE EXPlRAT10N DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NonCE TO THE CERTIACATE HOLDER NAMED TO 1HE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLlGA TlON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR~REPRESENTA~ q~~ 27 ~.-c2-- Jeff Todd/MM ACORD 25 (2001/08) INlI::.n?liminlllnll.. @ACORD CORPORA TlON 1988 POl"" 1...,? IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) )NS025(0108).0811 Page2of2 [j)co,'"",.^O .~ 1'" i7: _' ~ f ... ~ :; -- i 1.. - ~ >",..",,,,0(.1'" NEW HANOVER COUNIT WANDA M. COPLEY County Attorney KEMP P. BURPEAU Deputy Cowlty Attorney SHARON J. HUFFMAN Assistant COUllty AttOTIley September 4, 2008 Withers & Ravenel, Inc. Attn: Brian J. Bellis, P. G. 7040 Wrightsville, Avenue Wilmington, NC 28403 RE: New Hanover Contract # 09-0079 Dear Mr. Bellis: Enclosed please find your copy of the above referenced contract. Thank you for your assistance in this matter. If you have any questions please give us a call. Sincerely, ~~~~ Margaret Dunlap Administrative Support Specialist Office of the County Attorney Enclosure 230 Government Center Drive - Suite # 125 - Wilmington, NC 28403 Phone: 910-798-7153 - Fax: 910-798-7157 \vw\v.llhcgov.com ~._'"' '~'>"'f~ ~-, ~ ~.~ ~~~~;:-~.r ft.."ft;~~_ww"~ ~ ~~ ~~,. ~-;~-.,~ ~n~~~~;~~~ rn~',;:' ~ I q I f " i ;J. , " · i....< .' ...~". ""1~J"7~anover CountY Routing Slip (\) / ! If ) -I (.7 I Contract # I / vl- ){; I'. Department Acct. # '1 CD)[) I (,{"O - '7('0 ,{ /5" , '\ r": .::JI i ,.J .oll'.f,_~.."l.--, "1 ':~ L."..\.jI \_/\. ,'~ u.\i '.' (' ," , / Initials To: " 'Grants Coordinator '. ('dJ Finance 6ire~tor ~ -~) County Mimager -. /_ Commission Chairman lSO Clerk to the Board ~".\. I('f~ Risk Manager I t ~ ,.4::""" (..:::JXounty Attorney . ~.-""'t...I '7egal Dept. Date'~ -,:'1 -()~,. \ \"', i-\ \ ,...J.. () t.J (" \ I....l j-.., c J '-' ~ , ~., ~. ~ ~(~$/oC;; ~/z-7/.fJ8 <i.\d-\tllf ?/.JI!o'{ tj /3/ J From: Re: ~L1- (:f;~b~ .... - - - - - -- I (, Ai 11 i , /Y Contract forlDept. ' tit' .) w\llci ('\I; (/ill/. . i . " I ~ t . JQ~ ~~ ~?) Ij-. . -- ---