CN-370000-HW681-DC015B.pdf

Funding Information:

Org. Code E.O. Object Code Budget Entity Appropriation

Category Grant # Project # Year Amount

☐ Additional Funding Information attached on separate page.

Rev. 8/26/2020

STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Task Assignment This Task Assignment (TA) is entered into between the Parties named below, pursuant to Contract Number: .

1. TA Number: TA Completion Date:

TA Description:

2. Parties State of Florida Department of Environmental Protection (Department)

Department Project Manager: Department Project Manager Phone:

Contractor Name: (Contractor ) ntractor’st ’s Project Manager: ontractor’s t’s Project Manager Phone:

3. Project Number:

(If different from TA Number)

Project Location(s):

Project Name:

4. As consideration for the services rendered by Contractor under the terms of this TA, the Department shall pay the Contractor on the following bases, up to the Total TA Value as indicated below:

☐ Fixed Price:

☐ Fixed Unit Rate: (Extended Price)

☐ Cost Reimbursement:

Total TA Value:

5. The Parties agree to comply with the terms and conditions of the underlying the Contract, and the following attachments which are hereby incorporated by reference:

Attachment 1:

☐ Additional Attachments (if necessary):

IN WITNESS WHEREOF, this TA shall be effective on the last date signed below.

State of Florida Department of Environmental Protection

CONTRACTOR Department Name:

Title: Secretary or Designee

(Authorized Signature) (Authorized Signature) Date:

☐ Additional signatures attached on separate page.

HW681

DC015B Completion November 15, 2024

CDM Smith Inc. will conduct O&M and groundwater sampling at the Touch of Class Cleaners - Apollo Beach site located in Hillsboro County, Florida. All work will be conducted in accordance with the scope of work and cost proposal submitted on April 21, 2023.

Kyle McMurray 850-245-8973 Contractor Contractor

Contractor Contractor

Contractor Contractor

Contractor

CDM Smith Inc.

CDM Smith Inc.

Shayne Wood 904-527-6703

ERIC_4697

6402 US Highway 41 North, Apollo Beach, Hillsboro, Florida

Touch of Class Cleaners - Apollo Beach

✔ $ 48,742.55 ✔ $ 8,400.00

$ 57,142.55

Scope of Work

Shayne Wood

Project Manager

5/9/2023

Shayne Wood Digitally signed by Shayne Wood DN: C=US, E=woodsh@cdmsmith.com, CN=Shayne Wood Date: 2023.05.09 12:18:52-04'00'

Jennifer Farrell

Digitally signed by Jennifer Farrell Date: 2023.05.09 11:46:05 -04'00'

N/A

Task Assignment Notification/Change Order Deliverables and Invoice Schedule Attachment

WCP TAFORM 04-2017

Contract Number:

Task Assignment #:

Deliverables:

Deliverable Deliverable Due Date

Invoice Schedule:

Requirements for Invoice Submittal Amount to be Invoiced

TOTAL COST

Laboratory Reports and Field Notes 10/31/2023

Remedial Action Status Report including Groundwater Monitoring 03/15/2024

Remedial Action Status Report 09/15/2024

Paid Utility Invoices 09/15/2024

Laboratory Reports and Field Notes - Subtask 2 $ 12,649.48

Remedial Action Status Report including Groundwater Monitoring - Subtask 3 and 4 $ 16,319.62

Remedial Action Status Report and Project Management - Subtask 1, 5, and 6 $ 19,533.45

Paid Utility Invoices - Subtask 7 and 8 $ 8,640.00

$ 57,142.55

HW681

DC015B

FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center 2600 Blair Stone Road

Tallahassee, FL 32399-2400

Ron DeSantis Governor

Jeanette Nuñez Lt. Governor

Shawn Hamilton Secretary

TO: HW681 Contract File

FROM: Kyle McMurray, Contract Manager

DATE: April 24, 2023

SUBJECT: Task Assignment DC015B Touch of Class Cleaners – Apollo Beach

ERIC_4697

O&M and GWM

CDM Smith Inc. (CDM) will conduct O&M and Groundwater Monitoring. Specific subtasks are detailed below:

Subtask 1: Project Management Project Management is calculated at 13% of the direct labor.

Subtask 2: Groundwater Monitoring CDM Smith will collect water levels from 13 monitoring wells during each sampling event. A YSI- 556 multi-parameter probe and a turbidimeter will be used to collect well purge parameters including dissolved oxygen, pH, conductivity, oxidation reduction potential, temperature, turbidity.

The instrumentation will be properly calibrated and recorded. All purge water will be contained in drums for characterization and disposal as nonhazardous investigation-derived waste (IDW).

CDM Smith assumes that two IDW drums will require disposal under this task assignment.

Investigation derived waste (IDW) disposal is anticipated and has been accounted for under this subtask. Subcontractors for IDW disposal were chosen on a lowest-cost basis.

Subtask 3, 4, 5, and 6: SVE System O&M, Optimization O&M site visits will be completed monthly. SVE system influent samples will be collected quarterly for laboratory analyses by Method TO-15. Following the completion of Subtask 3 and 4 O&M activities, CDM Smith will prepare a Semiannual RASR, and an Annual RASR will be prepared following the Subtask 5 and 6 activities. The reports will summarize the history of the Site, all field work completed by CDM Smith, field and laboratory data, conclusions, and recommendations. CDM Smith assumes up to two drums of liquid IDW will be collected by the moisture separator requiring disposal over 12 months of system operation. Disposal services will be provided by Erwin Remediation, using rates previously approved for use on the Waste Cleanup Program Contract HW681.

Investigation derived waste (IDW) disposal is anticipated and has been accounted for under this subtask. Subcontractors for IDW disposal were chosen on a lowest-cost basis.

Subtask 7 and 8: Utilities CDM Smith will provide utilities for the SVE system and assume $700 per month including administrative costs.

CDM and the FDEP confirmed on April 24, 2023, that an Access Agreement with the current real property owner of the site has been executed.

The final cost total for Task Assignment DC015B is $57,142.55

FDEP COST ESTI MATEContractor: CDM Smith, Inc.

Date: 4/12/2023

Task #: SubTask 1 Project Management SubTask 6 SVE System O&M and Optimization

Site: SubTask 2 Groundwater Monitoring SubTask 7 Utilities

Activity/Phase: O&M SubTask 3 SVE System O&M and Optimization SubTask 8 Utilities

Project Manager: Kara Fincham SubTask 4 SVE System O&M and Optimization SubTask 9

SubTask 5 SVE System O&M and Optimization SubTask 10

Totals 1 2 3 4 5 6 7 8 9 10 Labor Rate Category

$63.58 Project Manager 19 19.2 $0.00 Senior Officer 0 0 0 0 0 0 0 0 0 0

$71.37 Senior Technical Expert SC 18 2 3 5 3 5 0 0 0 0 $63.58 Project Technical Leader KF 8 0 0 4 0 4 0 0 0 0

$0.00 Senior Professional 0 0 0 0 0 0 0 0 0 0 $43.05 Professional II KT 95 23 0 36 0 36 0 0 0 0 $28.17 Professional I JL 119 11 27 27 27 27 0 0 0 0

$0.00 Professional I 0 0 0 0 0 0 0 0 0 0 $23.26 Professional I LW 6 6 0 0 0 0 0 0 0 0

$0.00 Project Administration 0 0 0 0 0 0 0 0 0 0 $0.00 Senior Support Services 0 0 0 0 0 0 0 0 0 0 $0.00 Staff Support Services 0 0 0 0 0 0 0 0 0 0 $0.00 0 0 0 0 0 0 0 0 0 0 $0.00 0 0 0 0 0 0 0 0 0 0 $0.00 0 0 0 0 0 0 0 0 0 0 $0.00 0 0 0 0 0 0 0 0 0 0 $0.00 0 0 0 0 0 0 0 0 0 0 $0.00 0 0 0 0 0 0 0 0 0 0 $0.00 0 0 0 0 0 0 0 0 0 0 $0.00 0 0 0 0 0 0 0 0 0 0 $0.00 0 0 0 0 0 0 0 0 0 0

$0.00 0 0 0 0 0 0 0 0 0 0 $0.00 0 0 0 0 0 0 0 0 0 0 $0.00 0 0 0 0 0 0 0 0 0 0 $0.00 0 0 0 0 0 0 0 0 0 0 $0.00 0 0 0 0 0 0 0 0 0 0

Total Hours 265 19 42 30 72 30 72 0 0 0 0

Direct Labor $10,593.57 $1,218.73 $1,582.32 $974.70 $2,921.56 $974.70 $2,921.56 $0.00 $0.00 $0.00 $0.00

Overhead 135.00% $14,301.34 $1,645.29 $2,136.13 $1,315.85 $3,944.11 $1,315.85 $3,944.11 $0.00 $0.00 $0.00 $0.00 Gen & Admin 0.00% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fringe 37.70% $3,993.77 $459.46 $596.53 $367.46 $1,101.43 $367.46 $1,101.43 $0.00 $0.00 $0.00 $0.00 Total Labor $28,888.68 $3,323.48 $4,314.98 $2,658.01 $7,967.10 $2,658.01 $7,967.10 $0.00 $0.00 $0.00 $0.00

Touch of Class-Apollo Beach

REV: 02/03 CEF CDM Smith Page 1

FDEP COST ESTI MATEContractor: CDM Smith, Inc.

Date: 4/12/2023

Task #: SubTask 1 Project Management SubTask 6 SVE System O&M and Optimization

Site: SubTask 2 Groundwater Monitoring SubTask 7 Utilities

Activity/Phase: O&M SubTask 3 SVE System O&M and Optimization SubTask 8 Utilities

Project Manager: Kara Fincham SubTask 4 SVE System O&M and Optimization SubTask 9

SubTask 5 SVE System O&M and Optimization SubTask 10

Totals 1 2 3 4 5 6 7 8 9 10

Touch of Class-Apollo Beach

Travel Vehicle Rental $1,800.00 $360.00 $360.00 $360.00 $360.00 $360.00 $0.00 $0.00 $0.00 $0.00 Mileage Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Air Fare $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Per diem + Hotel $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Travel $1,800.00 $360.00 $360.00 $360.00 $360.00 $360.00 $0.00 $0.00 $0.00 $0.00

Subcontractor (Equipment Procurement) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Subcontractor Subtotal $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Procurement Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Subcontractor Cost $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Subcontractor (Services Procurement) Drilling (Conventional) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Drilling (Non-conventional) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Mobile Laboratory $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Surveying $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

IDW $440.00 $220.00 $220.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Utilities $8,400.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,200.00 $4,200.00 $0.00 $0.00

$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Subcontractor Subtotal $8,840.00 $220.00 $220.00 $0.00 $0.00 $0.00 $4,200.00 $4,200.00 $0.00 $0.00 Handling Fee $284.00 $22.00 $22.00 $0.00 $0.00 $0.00 $120.00 $120.00 $0.00 $0.00 Total Subcontractor Cost $9,124.00 $242.00 $242.00 $0.00 $0.00 $0.00 $4,320.00 $4,320.00 $0.00 $0.00

Laboratory Analytical Costs $6,259.00 $5,459.00 $200.00 $200.00 $200.00 $200.00 $0.00 $0.00 $0.00 $0.00 Fast Turnaround Charges $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sample Shipping $1,092.00 $652.00 $110.00 $110.00 $110.00 $110.00 $0.00 $0.00 $0.00 $0.00 Total Laboratory $7,351.00 $6,111.00 $310.00 $310.00 $310.00 $310.00 $0.00 $0.00 $0.00 $0.00

Field Expenses Personal Protection $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Expendables $600.00 $120.00 $120.00 $120.00 $120.00 $120.00 $0.00 $0.00 $0.00 $0.00 Equipment (Drilling related) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Equipment (Analytical related) $870.00 $870.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Equipment (IDW related) $400.00 $200.00 $200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Equipment (Other) $5,220.00 $0.00 $1,305.00 $1,305.00 $1,305.00 $1,305.00 $0.00 $0.00 $0.00 $0.00 Total Field Expenses $7,090.00 $1,190.00 $1,625.00 $1,425.00 $1,425.00 $1,425.00 $0.00 $0.00 $0.00 $0.00

Subtotal $54,253.68 $3,323.48 $12,217.98 $5,195.01 $10,062.10 $4,753.01 $10,062.10 $4,320.00 $4,320.00 $0.00 $0.00 Completion Fee $2,888.87 $332.35 $431.50 $265.80 $796.71 $265.80 $796.71 $0.00 $0.00 $0.00 $0.00

Total Estimated Cost $57,142.55 $3,655.83 $12,649.48 $5,460.81 $10,858.81 $5,018.81 $10,858.81 $4,320.00 $4,320.00 $0.00 $0.00

REV: 02/03 CEF CDM Smith Page 2

SITE :

SUBTASK: 2 - Groundwater Monitoring

DATE: 4/12/2023

LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON

STAFF-TITLE WORK DESCRIPTION HOURS

Sr. Technical Expert S. Cobert Technical Evaluation of Data 2

Professional II M. Blanton Travel (2 trips) 2

Semi-Annual Groundwater Sampling - 6 wells 9

Field Preparation (Semi-Annual Sampling) 1

Annual Groundwater Sampling - 13 wells 10

Field Preparation (Annual Sampling) 1

Professional I J. LeBlanc Travel (1 trip) 1

Annual Groundwater Sampling - 13 wells 10

Professional I L. Weber Data Package, Updated Data Tables Semi-Annual Sampling) 2

Data Package, Updated Data Tables Annual Sampling) 4

Total Hours:

S. Cobert 2

M. Blanton 23

J. LeBlanc 11

L. Weber 6

TOTAL LABOR 42

VEHICLE TYPE RATE UNIT USEAGE

Truck $120 each 3 $360.00

TOTAL VEHICLE $360.00

PER DIEM STAFF RATE UNIT USEAGE

TOTAL PER DIEM $0.00

Touch of Class-Apollo Beac

SUBCONTRACTOR COSTS

NAME PURPOSE UNIT COST

Erwin Remediation IDW Removal 2 $110 $220.00

TOTAL $220.00

LABORATORY COSTS

PARAMETER RATE # SAMPLES #QAQC

VOH 8021/8260 $73.00 19 $1,387.00

Total Organic Carbon by SM 5310B $30.00 10 $300.00

Dissolved Gases by RSK 175 $180.00 10 $1,800.00

Ammonia by Method 350.3 $24.00 8 $192.00

Chloride by Method 325.2 $24.00 8 $192.00

Iron by Method 6010 $13.50 8 $108.00

Molybdenum by Method 6010 $13.50 8 $108.00

Nitrate by Method 353.2 $23.00 8 $184.00 pH by Method 150.1 $10.00 8 $80.00

Sodium by Method 6010 $13.50 8 $108.00

Sulfate by Method 300 $21.00 8 $168.00

Total Dissolved Solids by Method 160.1 $16.00 8 $128.00

Total Recoverable Petroleum Hydrocarbons by FL-PRO $88.00 8 $704.00

Shipping (Large Cooler) $150.00 4 $600.00

Ice $6.50 8 $52.00

TOTAL LAB $6,111.00

EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS

Shallow Groundwater Sampling Kit $290 Day 3 $870.00

Expendables $40.00 day 3 $120.00

Drums $100.00 each 2 $200.00

TOTAL EQUIPMENT $1,190.00

SITE : Touch of Class Apollo Beach SUBTASK: 3- SVE O&M and Optimization

DATE: 4/12/2023

LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON

STAFF-TITLE WORK DESCRIPTION HOURS

Sr. Technical Expert S. Cobert System Operation Deliverable 3

Professional I J. LeBlanc Travel to/from site (3 trips) 3

3 O&M Trips 24

Total Hours:

S. Cobert 3

J. LeBlanc 27

TOTAL LABOR 30

VEHICLE TYPE RATE UNIT USEAGE

Truck $120.00 day 3 $360.00

TOTAL VEHICLE $360.00

SUBCONTRACTOR COSTS

NAME PURPOSE Unit COST

Erwin Remediation IDW Removal 2 $110 $220.00

TOTAL $220.00

LABORATORY COSTS

PARAMETER RATE # SAMPLES #QAQC

TO-15 $200.00 1 $200.00

Small Cooler $110.00 1 $110.00

TOTAL LAB $310.00

EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS

Construction/O&M/Pilot kit $360.00 day 3 $1,080.00

Construction/O&M Supplies $75.00 day 3 $225.00

Expendables $40.00 day 3 $120.00

Drums $100.00 each 2 $200.00

TOTAL EQUIPMEN $1,625.00

SITE : Touch of Class Apollo SUBTASK: 4: SVE O&M and Optimization

DATE: 4/12/2023

LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON

STAFF-TITLE WORK DESCRIPTION HOURS

Sr. Technical Expert S. Cobert System Operations Deliverable 3

Author Engineering section of RASR/GWMR 2

Project Manager K. Fincham Prepare/Submit RASR/GWMR 4

Professional I J. LeBlanc Travel to/from site (3 trips) 3

3 O&M Trips 24

Professional II K. Turner Remedial Action Status Report (including GWM), Semi-Annual 32

Figures for RASR 4

Total Hours:

S. Cobert 5

J. LeBlanc 27

K. Fincham 4

K. Turner 36

TOTAL LABOR 72

VEHICLE TYPE RATE UNIT USEAGE

Truck $120.00 day 3 $360.00

TOTAL VEHICLE $360.00

PER DIEM STAFF RATE UNIT USEAGE

TOTAL PER DIEM $0.00

SUBCONTRACTOR COSTS

NAME PURPOSE Unit COST

TOTAL $0.00

LABORATORY COSTS

PARAMETER RATE # SAMPLES #QAQC

TO-15 $200.00 1 $200.00

Small Cooler $110.00 1 $110.00

TOTAL LAB $310.00

EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS

Construction/O&M/Pilot kit $360.00 day 3 $1,080.00

Construction/O&M Supplies $75.00 day 3 $225.00

Expendables $40.00 day 3 $120.00

TOTAL EQUIPMEN $1,425.00

SUBTASK: 5: SVE O&M and Optimization

DATE: 4/12/2023

LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON

STAFF-TITLE WORK DESCRIPTION HOURS

Sr. Technical ExpS. Cobert System Operation Deliverable 3

Professional I J. LeBlanc Travel to/from site (3 trips) 3

3 O&M Trips 24

Total Hours:

S. Cobert 3

J. LeBlanc 27

TOTAL LABOR 30

VEHICLE TYPE RATE UNIT USEAGE

Truck $120.00 day 3 $360.00

TOTAL VEHICLE $360.00

LABORATORY COSTS

PARAMETER RATE # SAMPLES #QAQC

TO-15 $200.00 1 $200.00

Small Cooler $110.00 1 $110.00

TOTAL LAB $310.00

EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS

Construction/O&M/Pilot kit $360.00 day 3 $1,080.00

Construction/O&M Supplies $75.00 day 3 $225.00

SUBTASK: 6: SVE O&M and Optimization

DATE: 4/12/2023

LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON

STAFF-TITLE WORK DESCRIPTION HOURS

Sr. Technical ExpS. Cobert System Operations Deliverable 3

Author Engineering section of RASR/GWMR 2

Project Manager K. Fincham Prepare/Submit RASR/GWMR 4

Professional I J. LeBlanc Travel to/from site (3 trips) 3

3 O&M Trips 24

Professional II K. Turner Remedial Action Status Report (including GWM), Annual 32

Figures for RASR 4

Total Hours:

S. Cobert 5

J. LeBlanc 27

K. Fincham 4

K. Turner 36

TOTAL LABOR 72

VEHICLE TYPE RATE UNIT USEAGE

Truck $120.00 day 3 $360.00

TOTAL VEHICLE $360.00

LABORATORY COSTS

PARAMETER RATE # SAMPLES #QAQC

TO-15 $200.00 1 $200.00

Small Cooler $110.00 1 $110.00

TOTAL LAB $310.00

EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS

Construction/O&M/Pilot kit $360.00 day 3 $1,080.00

Construction/O&M Supplies $75.00 day 3 $225.00

SITE : Touch of Class Apollo Beach SUBTASK: 7- Utilities

DATE: 4/12/2023

LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON

STAFF-TITLE WORK DESCRIPTION HOURS

FIELD EXPENSES ITEM RATE COSTING UNIT USEAGE TOTALS

O&M Quarter 1 Utilities Utility Charges (Electric) $700.00 month 3 $2,100.00

Quarter 1 Handling Fee Utility Handling Fee $20.00 Month 3 $60.00

O&M Quarter 2 Utiliites Utility Charges (Electric) $700.00 month 3 $2,100.00

Quarter 2 Handling Fee Utility Handling Fee $20.00 Month 3 $60.00

TOTAL EQUIPMEN $4,320.00

SITE : Touch of Class - Apollo SUBTASK: 8 Utilities Quarters 3 and 4

DATE: 6/10/2022

LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON

STAFF-TITLE WORK DESCRIPTION HOURS

FIELD EXPENSES ITEM RATE COSTING UNIT USEAGE TOTALS

O&M Quarter 3 Utilities Utility Charges (Electric) $700.00 month 3 $2,100.00

Quarter 3 Handling Fee Utility Handling Fee $20.00 Month 3 $60.00

O&M Quarter 4 Utiliites Utility Charges (Electric) $700.00 month 3 $2,100.00

Quarter 4 Handling Fee Utility Handling Fee $20.00 Month 3 $60.00

TOTAL EQUIPMEN $4,320.00

4651 Salisbury Road, Suite 420

Jacksonville, Florida 32256 tel: 904.731.7109

April 21, 2022

Mr. Kyle McMurray Florida Department of Environmental Protection Hazardous Waste Cleanup Section 2600 North Blair Stone Road, MS 4520 Tallahassee, Florida 32399-2400

Subject: Operation and Maintenance and Groundwater Monitoring Proposal Touch of Class Cleaners – Apollo Beach

ERIC_4697

6402 US Highway 41 North Apollo Beach, Hillsboro County, Florida

Dear Mr. McMurray:

CDM Smith Inc. (CDM Smith) is pleased to respond to the Florida Department of Environmental Protection (FDEP) Task Assignment Request to provide O&M and groundwater monitoring services for the Touch of Class Cleaners – Apollo Beach site under Contract Number HW681. Our project understanding, scope of work, and project schedule are described below, and the cost estimate is also attached.

Project Understanding The former dry-cleaning facility currently operates as a drop-off service only and is in a shopping center. The previous FDEP contractor performed start-up of the soil vapor extraction (SVE) system in October 2021. CDM Smith has been operating the current SVE system since July 2022. The system consists of SVE wells, with three interior and three exterior SVE wells. Interior SVE wells have a total depth of four feet below land surface (bls) and constructed using 3.5 feet of polyvinyl chloride (PVC) well screen coupled with 0.5 feet of solid PVC riser. The exterior SVE wells have a total depth of 3.25 feet bls and are constructed using two feet of PVC well screen coupled with 1.25 feet of solid PVC riser. Ancillary piping connects the SVE wells to a manifold and treatment system consisting of an Ametek Rotron EN6 5-horsepower (hp) SVE blower, an Ametek Rotron EN404 1-hp air injection blower, a moisture separator, a control panel, and two 140-pound (lb) granular activated carbon absorbers.

Groundwater at the Site has historically been treated with a carbon substrate to enhance biodegradation of chlorinated halocarbons. Injections were completed by others starting in December 2021. Groundwater at the Site is monitored on a semiannual and annual basis for volatile organic halocarbons (VOHs) and Underground Injection Control (UIC) parameters associated with

Mr. McMurray April 21, 2023 the bioremediation injections. Semiannual and Annual Remedial Action Status Reports (RASR) are required to document SVE system operation and groundwater monitoring results.

Scope of Work This cost proposal covers SVE system O&M and groundwater monitoring for one year, beginning in August 2023.

Subtask 1 – Project Management

Project management activities performed under this task consist of administrative functions required to maintain the project schedule, adhere to budget, and deliver the quality of the work products defined by CDM Smith's quality standards. We will prepare and submit invoices upon approval of each deliverable or milestone completion.

Project Kickoff and Progress Meetings

CDM Smith expects to have a kickoff meeting or telephone conference with the FDEP to review the status of the project and address FDEP comments regarding the Task Assignment. CDM Smith will prepare meeting agendas and notes as part of this task.

Project Quality Technical Review

CDM Smith's Quality Management System guidelines will be followed. Internal quality reviews will be conducted on plans and on investigation findings and reports.

Project Status Reports

CDM Smith's Project Manager will prepare and submit monthly status reports to accompany each invoice throughout the duration of this project. The Project Manager will also discuss the status of the project with the FDEP on a bi-weekly basis until the project is complete.

Subtask 2 – Groundwater Monitoring

The groundwater monitoring requirements for the site were identified in the 2018 ISRP. CDM Smith will complete the semi-annual groundwater sampling event in September 2023, and will complete the annual groundwater sampling event in March 2024. The required laboratory analyses and the wells included in the monitoring program are listed in the attached Table 1.

CDM Smith will collect water levels from 13 monitoring wells during each sampling event. Purging and sampling will be in accordance with FDEP’s Standard Operating Procedures for Groundwater Sampling, FS 2200, and will be collected using low-flow techniques with a peristaltic pump and dedicated polyethylene tubing. A YSI-556 multi-parameter probe and a turbidimeter will be used to collect well purge parameters including dissolved oxygen, pH, conductivity, oxidation reduction potential, temperature, turbidity. The instrumentation will be properly calibrated and recorded. All purge water will be contained in drums for characterization and disposal as nonhazardous investigation-derived waste (IDW). CDM Smith assumes that two IDW drums will require disposal under this task assignment.

Deliverables: Laboratory Reports, field notes, and updated tables for each groundwater sampling event

Subtask 3, 4, 5, and 6 – SVE System Operation and Maintenance, Optimization

O&M site visits will be completed monthly, and the following work will be completed during each visit.

System operation and alarm status and blower run time.

Moisture separator liquid volume.

System vacuums and velocity/flow rate at blower, before/after GAC, and after moisture separator.

Blower oil changes, based on manufacturer recommendations.

SVE well vacuum/pressure and flow rate.

Total organic vapors measured with a photoionization detector from operating SVE wells, system influent, and system effluent.

Water levels from MW001R, MW004, and MW014.

Adjust vacuums and injection pressures on the SVE wells to optimize the SVE system performance.

The information will be consistently recorded in the field on pre-prepared forms.

SVE system influent samples will be collected quarterly for laboratory analyses by Method TO-15.

The required laboratory analyses and the SVE included in the monitoring program are listed in the attached Table 1.

Following the completion of Subtask 3 and 4 O&M activities, CDM Smith will prepare a Semiannual RASR, and an Annual RASR will be prepared following the Subtask 5 and 6 activities. The reports will summarize the history of the Site, all field work completed by CDM Smith, field and laboratory data, conclusions, and recommendations. Additional elements of the reports will include the following:

Figures depicting site conditions.

Figures depicting groundwater data and estimated extent of impact.

Groundwater elevation contour map.

Tables summarizing field and analytical data.

Groundwater sampling logs and field equipment calibration records.

Laboratory analytical reports and chain of custody documentation.

Waste disposal manifests and weigh tickets.

CDM Smith assumes up to two drums of liquid IDW will be collected by the moisture separator requiring disposal over 12 months of system operation. Disposal services will be provided by Erwin Remediation, using rates previously approved for use on the Waste Cleanup Program Contract

HW681.

Deliverables: Semiannual and Annual Remedial Action Status Reports

Subtasks 7 and 8 – Utilities

CDM Smith will provide utilities for the SVE system and assume $700 per month including administrative costs.

Deliverable: Utilities Handling Fee, receipt of 12 months of invoices (Cost Plus Fixed Fee)

Subcontractors Subcontracted services are required for IDW disposal. Rates for IDW removal and disposal were previously requested for HW681 from Erwin Remediation, Enviroserve (formerly Clark Environmental), and Hepaco. Erwin Remediation was the lowest cost and has been selected as the IDW disposal subcontractor for this project as shown in Attachment A.

Schedule

Subtask 2: Groundwater Monitoring

Deliverable: Laboratory Reports, Field notes

Due Date: October 31, 2023

Subtasks 3 and 4: SVE System O&M and Optimization – Quarters 9 and 10 (August 2023-January 2024)

Deliverable: Remedial Action Status Report, including GWM

Due Date: March 15, 2024

Subtasks 5 and 6: SVE System O&M and Optimization – Quarters 11 and 12 (February 2024–July 2024)

Deliverable: Remedial Action Status Report

Due Date: September 15, 2024

Subtask 7 and 8: Utilities

Deliverable: Paid Utility Invoices

Due Date: Semi-Annually

We look forward to working on this important project. Feel free to contact me at 904-527-6716 or by email with any questions or comments.

Sincerely, Kara E. Fincham, PMP Shayne Wood, P.E., PMP, BCEE Senior Project Manager Vice President CDM Smith CDM Smith FinchamKE@cdmsmith.com WoodSH@CDMSmith.com cc: Steve Cobert, P.E., CDM Smith

Table

Sample ID Monthly Quarterly Semiannual Annual SVE Influent V,F,P 4,V,F,P

VE-001 V,F,P V,F,P

VE-002 V,F,P V,F,P

VE-003 V,F,P V,F,P

VE-004 V,F,P V,F,P

VE-005 V,F,P V,F,P

VE-006 V,F,P V,F,P

MW001R L 1,2,3,L 1,2,3,L

MW002 1,2,3,L 1,2,3,L

MW003 L 1,L

MW004 L L 1,L

MW005 L 1,L

MW006 L 1,L

MW007 1,2,3,L 1,2,3,L

MW009 L 1,L

MW010 L 1,L

MW011 L 1,L

MW012 1,2,3,L 1,2,3,L

MW013 1,L 1,L

MW014 L 1,2,L 1,2,L

1 = VOHs by Method 8260B

• Total Organic Carbon by SM 5310B

• Dissolved Gases by RSK 175

• pH by Method 150.1

• Sodium by Method 6010

• Sulfate by Method 6010

• Total Dissolved Solids by Method 160.1

• TRPH by FL-PRO

4 = VOHs by Method TO-15 V = Vacuum/Pressure F = Flow Rate

P = PID

L = Depth to Water

• Molybdenum by Method 6010

• Nitrate by Method 353.2

3 = Underground Injection Control Parameters

2 = Geochemical Parameters

• Ammonia by Method 350.3

• Chloride by Method 325.2

• Iron by Method 6010

Table 1: Sampling Schedule Touch of Class Cleaners

ERIC_4697

Apollo Beach, Hillsboro County, Florida

Attachment A

Subcontractor Quotes

Investigative Derived Waste (IDW) Management

Job Details - Per 55-gallon Drum

Per Event

Hepaco $142 $210 $146.22 $50.00 $388.67 $467.15

EnviroServe $80 $80 $50.00 $50.00 $198.00 $198.00

Erwin Remediation $110 $110 Included Included $110 $110

Company

Disposal Transportation Total

Liquid Soil Fee Liquid Soil

IDW Subcontractor Evaluation

CDM Smith - HW681

04/21/23

408 Ditmar Street

Pensacola, FL 32503

ErwinRemediation@Gmail.com - P.O. Box 884 Gulf Breeze, FL 32562

(850) 292-6511

To: Mr. Joe Kinard

CDM Smith

4651 Salisbury Road, Suite 420

Jacksonville, FL 32256 kinardjm@cdmsmith.com

January 4, 2023

Re: Non-Hazardous Drum Disposal

Mr. Kinard:

The price for the transportation and disposal (T&D) of drums of non-hazardous soil, mud and water is listed below.

Non-Hazardous Chlorinated VOHs, Petroleum and Metals:

Description Rate Unit

T&D - Non-Haz Soil $ 110.00 Per Drum

T&D - Non-Haz Mud/Water $ 110.00 Per Drum

False Mobilization (No Drum Found) $ 85.00 Per Stop

The prices listed are all inclusive without any additional fees or charges (fuel surcharge, low volume stop fee etc.) and are valid for all regions in the State of Florida except for the Florida Keys.

Pricing for sites located in the Florida Keys will be bid on a case-by-case basis dependent on the volume of drums and the location.

Respectfully, Jonathan Erwin

Erwin Remediation, Inc.

Email: ErwinRemediation@Gmail.com

Office: (850) 292-6511 mailto:Remediation@Gmail.com

03/02/2023

Kathy Leggoe

PG, PMP, Geologist

4651 Salisbury Road

Jacksonville, FL, 32256 leggoekr@cdmsmith.com

904*651*0740

Subject: IDW Drums

Quote Number: QT-1093

Dear Kathy, Thank you for the opportunity to provide this proposal for the IDW drums located in the Florida Area.

HEPACO is a premier environmental contractor with coverage from 45 offices. We specialize in emergency response, industrial services, remediation, and waste services. HEPACO serves a multitude of customers including transportation companies, energy companies, environmental consultants, industrial facilities, terminals, environmental service companies, general contractors, property owners, and many other public and private-sector clients.

HEPACO, with its well-rounded and cross-trained staff, can effectively and efficiently complete this project and appreciates the opportunity. We stand firmly behind our work and always strive to deliver exceptional value and a high level of service at reasonable pricing.

Scope of Work

HEPACO will provide the following:

Pickup / Transportation and Disposal of Non-Hazardous IDW drums throughout the state of

Florida

Provide pricing per incident for disposal of Hazardous IDW Drums and PFAS waste.

Assumptions

HEPACO assumes the following:

Pricing for PFAS Drums and Hazardous IDW Drums will be priced according to location. PFAS drums can be transported to WM site in Alabama. Pricing is cost plus 30%.

All work will be completed in one mobilization unless otherwise noted

If groundwater is encountered, additional pricing for transportation, disposal, management, and/or containment will apply. This will be charged according to the HEPACO Time and Materials

Rate Sheet.

Prices do not include any required permitting unless otherwise noted

Prices do not include any surgical excavation around utilities, surface and/or subsurface structures

(it is assumed utilities are not present)

Client will provide any required sampling/analysis, technical reports, surveying, compaction testing and/or private utility locating services unless otherwise noted

All disposal prices are based on final profile approval and waste acceptance by the disposal facility

Client is responsible for any additional price associated with non-conforming waste as determined by the disposal facility

Field crew will be on-site working eight (8) hours per day M-F with no weekend or holiday work unless otherwise noted

Customer is responsible for disposal prices unless otherwise noted

Quantities are speculative. Except for minimums, all billing will be based on actual quantities.

Price

A pricing itemization is provided in Attachment A.

HEPACO Basic Conditions:

All projects require a two (2) week notice to proceed. HEPACO will make every effort possible to meet all our client’s requests; however, HEPACO cannot guarantee a project start date with less than two (2) weeks’ notice to proceed.

This proposal is contingent upon credit approval and valid for thirty days

For any additional work beyond the original scope of work, time and material rates will apply.

Except for minimums, billing will be based on actual quantities at unit prices (see Attachment A).

A four (4)-hour minimum will apply to all unit pricing quoted by the hour

Unit prices quoted by the day will be billed at the full day rate for any work on site. There will be no partial billing for partial workdays.

Unit prices quoted by the day apply up to eight hours per day. After eight hours per day, the day rate will be pro-rated for additional hours.

Unit prices are based on a non-union work force, no prevailing wages, no overtime work, and no performance bond.

Additional costs related to unexpected, concealed, or unknown conditions or any delays at the project site shall be incurred by customer.

HEPACO will not be held responsible if underground or above ground structures, cables, conduits, site features, property, materials, or equipment are destroyed, damaged, or rendered inoperable during the project.

Pricing includes HEPACO’s standard insurance coverage. Adding additional insured or increased coverages will be at additional pricing and will be quoted on a case-by-case basis.

Again, thank you for the opportunity and we look forward to completing this project.

Kevin Hamilton

HEPACO Territory Account Manager

By signing below the customer acknowledges that they have received, reviewed, and agree to the HEPACO

Proposal

Owner or Owner Agent:

Signature:

Date of Acceptance:

Print Name

Owner or Owner Agent

ATTACHMENT A

PRICING ITEMIZATION TABLE

PRICING SUMMARY TABLE

Item Type Total Price

MOBILIZATION

LABOR

MATERIALS

PPE

VEHICLES

BOATS

HEAVY EQUIPMENT

RECOVERY/TMT/STORAGE

MISC. EQUIPMENT

MONITORING/SAMPLING

LABORATORY/ANALYTICAL

COMMUNICATION

MISC.

SUBCONTRACTOR

DISPOSAL

DEMOBILIZATION

REPORT

FEES

Fee Calculated As Total Dollar Amount

Energy, Security and Recovery Fee Percentage of Total $82.15

Estimated Total Quote Price: $629.82

Item Name or Description Estimated Quantity Unit Price Units of Measure Total Line-Item Price

TRUCK DRIVER 1 $69.60 HOUR $69.60

FLATBED W/LIFT GATE 1 $76.32 HOUR $76.32

NON-HAZ SOLIDS DISPOSAL (PER

DRUM) 1 $210.00 DRUM $210.00

NON-HAZ LIQUIDS DISPOSAL (PER

DRUM) 1 $141.75 DRUM $141.75

LTL WASTE TRANSPORTATION PER

DRUM 1 $50.00 FEE $50.00

03/15/2023 03:32 PM PAGE 1 OF 7

Blanket Quote based on one drum T&D , for service site specific quote - disposal approval required

TCLP Benzene and 4 Metals with Completed Profile required for each site

Drum Pickup /Transportation/Disposal

Drums North Florida - *Tallahassee to Panhandle not included (Pan Handle) - South Miami to Key West additional costs apply.

755 PRARIE INDUSTRIAL PKWY,

MULBERRY, FLORIDA, 33860

QUOTE #: 0034410

DATE: 03/15/2023 PROJECT PROPOSAL

CLIENT

STEVE COBERT

CDM SMITH

101 SOUTHHALL LN, SUITE 200, MAITLAND, FLORIDA, 32751

P: (407) 660-6356

PROJECT DESCRIPTION

DRUM PICKUP

VARIOUS SITES CENTRAL FLORIDA

THE FOLLOWING DESCRIBES OUR UNDERSTANDING OF THE SCOPE OF SERVICES TO BE PERFORMED BY ENVIROSERVE, FOR THE

CLIENT, AT THE ABOVE REFERENCED LOCATION KNOWN AS THE JOB SITE.

FEE STRUCTURE

TRANSPORTATION

ITEM EST.QTY. UNIT PRICE UNIT TOTAL

TRANSPORTATION 55 GAL DRUMS

NOTES:SUBJECT TO FUEL SURCHARGE,

1.00 $50.00 DRUM $50.00

STOP FEE 6 DRUMS OR LESS PICKUP 1.00 $50.00 EACH $50.00

TRANSPORTATION SUBTOTAL: $100.00

DISPOSAL

ITEM EST.QTY. UNIT PRICE UNIT TOTAL

55 GALLON NON HAZ DRUM

NOTES: Drum DOT Shippable Drum accessible on hard Surface

80.00 $1.00 EACH $80.00

ENERGY SURCHARGE 10% INVOICE TOTAL 1.00 $18.00 EACH $18.00

DISPOSAL SUBTOTAL: $98.00

TOTAL JOB ESTIMATE: $198.00

03/15/2023 03:32 PM PAGE 2 OF 7

Job Estimate is for budgetary purposes only. Job will be billed according to time and materials used.

Time and Material Rates shall be charged portal to portal.

Please note that surcharges shall apply for off specification materials.

Applicable taxes and Environmental Fees are not included in our quotation, but shall be charged as applicable to the work.

Durations and Quantities are estimated only, actual fees shall be charged as incurred.

Minimum disposal amounts may apply to bulk disposal.

Tolls are not included in transportation rates

E-manifest fees will apply to hazardous waste manifests

Demurrage charged after one hour loading & unloading

Pricing assumes that drums/pallets are staged on a hard surface, accessible via van truck with liftgate & one driver with drum dolly or pallet jack.

Inaccessible areas (mud, heavy gravel), excessively heavy, deformed, unwieldy drums may require additional labor and equipment to assist. Fees for additional labor and equipment will be charged per EnviroServe's standard T&M rates.

The following materials are not eligible for LTL pricing and require direct or dedicated shipment to the TSDF: Cyanides, DOT Class 4.3 materials, DOT Class 1.4, 1.5 & 1.6 materials, Temperature Controlled/Self Reactive Materials, Odorant Materials (Mercaptans/Thiols), and other reactive/incompatible materials on a case by case basis. High hazardous containers (pails, drums, boxes, cylinders, etc.) will need to be assessed on a case by case basis to determine ability to be transported by EnviroServe.

Pricing for supplies (drums, pails, absorbent pads, etc.) is variable and may be adjusted without notice to account for market increases.

EnviroServe - Mulberry, FL facility: Energy Surcharge shall be applied to entire bill. (Currently 10%)

03/15/2023 03:32 PM PAGE 3 OF 7

Conclusions

Our services will be accordingly limited to those activities herein listed unless specific changes, additions or deletions to the scope of work are submitted in writing to this office. If there is any misunderstanding or if you have any questions, please contact the undersigned. Please note that this proposal is valid for 60 days. Pricing is subject to change without notice.

This proposal is not final until the waste stream has been properly characterized, profiled, and accepted by the disposal site.

All services to be performed in accordance with EnviroServe's standard terms and conditions.

Sincerely, STEVE HARRIS

STEPHENHARRIS2@ENVIROSERVE.COM

(863) 559-1452

ENVIROSERVE

ACCEPTANCE

ISSUANCE OF A PURCHASE ORDER BY CLIENT AND/OR INITIATION OF SERVICES BY ENVIROSERVE FOR THIS PROJECT CONSTITUTES

ACCEPTANCE OF ALL TERMS AND CONDITIONS CONTAINED HEREIN, AS WELL AS AUTHORIZATION FOR THE ABOVE NAMED

ENVIROSERVE REPRESENTATIVE, UNDER CLIENT’S INSTRUCTION AND DIRECTION, TO SIGN WASTE PROFILES, SHIPPING MANIFESTS, AND LDR FORMS ON BEHALF OF SAID NAMED GENERATOR COMPANY.

I HAVE READ AND UNDERSTAND THIS DOCUMENT IN ITS ENTIRETY AND AGREE TO ALL TERMS AND CONDITIONS CONTAINED HERE IN:

BY:

SIGNATURE DATE

TYPED/PRINTED NAME TITLE

PURCHASE ORDER #______________________

CDM SMITH

QUOTE #: 0034410

03/15/2023 03:32 PM PAGE 4 OF 7

EnviroServe Inc. Terms and Conditions

The following terms and conditions apply to all materials sold and services provided by EnviroServe Inc. (“Contractor”) to the Client named on the face sheet of this Agreement and are applicable to any subsidiary and/or affiliate of Client that Contractor sells materials to or provides services on such Client’s behalf.

1. Entire and Sole Agreement: These terms and conditions, along with any terms contained on the face sheet of this Agreement, shall constitute the entire and sole agreement (“Agreement”) between Contractor and Client as to the goods sold and/or services provided, and shall supersede all prior oral or written agreements by and between Contractor and Client. These terms and conditions may not be modified, altered or canceled without the express written agreement signed by both Contractor and Client. In the case of any inconsistency between these terms and conditions and any other terms, conditions, or provisions, then the terms and conditions set forth herein shall expressly control. Client expressly waives all provisions contained in any correspondence or forms involved in this transaction which negate, limit, extend or conflict with the terms and conditions stated herein. Client agrees that it has not been induced to enter into this Agreement by any oral or written representation, guaranty or warranty made by Contractor, its employees, agents or representatives other than as expressly set forth herein or on the face sheet hereof. If any portion of this

Agreement is deemed to be illegal or unenforceable by a court of law, then the validity of the remaining portions or provision shall not be affected and shall remain in full force and effect. Notwithstanding the preceding sentence, if Contractor in its sole discretion determines that the absence of the eliminated provision is contrary to the original intention of the parties, then Contractor shall have the right to terminate this Agreement.

2. Governing Law:The validity, performance, and construction of this Agreement shall be governed in accordance with the laws of the State of Ohio. The parties agree that should any claim be made by and against the parties hereto which seeks to recover a sum less than

$25,000.00, then that claim shall be decided exclusively through the processes of the American Arbitration Association (“AAA”), and any such AAA hearing shall be conducted in Cuyahoga County, Ohio. Should any claim be made by and against the parties hereto, which seeks to recover a sum in excess of $25,000.00, the parties agree to the exclusive jurisdiction and venue to resolve such claim in the courts located in Cuyahoga County, Ohio.

3. Independent Contractor: Contractor shall be an independent contractor and shall determine the method, details, and needs for performing the job(s) covered by this Agreement. Contractor is not now, nor shall it ever become, an employee, partner, agent, or principal of Client while this Agreement is in effect. Contractor is not entitled to the rights or benefits afforded to the Client’s employees. Contractor’s review or supervision of work prepared or performed by other individuals or entities retained by others shall not relieve such individuals or entities of complete and sole responsibility for the adequacy of their work, for which such other individual and/or entity shall remain completely liable to Client and

Contractor.

4. Changes:The Client, without invalidating this Agreement, may request changes within the general scope of the services required by the initial contract between it and Contractor. Any change proposed by Client shall not become effective unless and until Contractor consents, in writing, to such change in accordance with Paragraph 1, above.Should any change result in additional cost and/or increase the time of Contractor to perform said services, then Client agrees to compensate Contractor for such additional cost and time, including, without limitation, any overhead and profit margin associated with such cost and time as solely determined by Contractor.

5.Termination:

A.)By Contractor:

Contractor may immediately terminate this agreement in the event of Client’s breach or threatened breach of any term or provision of this Agreement, including but not limited to failure to pay on a timely basis, or if Client becomes insolvent, the subject of an order for relief in bankruptcy, receivership, reorganization, dissolution, or similar law, or makes an assignment for the benefit of its creditors, or if Clients actions or inactions causes increased risk, exposure, cost or liability, or if Contractor deems itself insecure as to payment or other matters (“Default”). Notice of termination shall be in writing and deemed given when delivered in person or by certified mail, postage prepaid, return receipt requested. In the event Contractor terminates this

Agreement for Client’s Default, then Contractor, in addition to being entitled to payment for work already performed, is entitled to liquidated damages, which are not in the way of a penalty, in the amount of 15% of the total contract covered by this Agreement, including any changes approved by

Contractor through the date of termination, and reasonable attorney fees and costs of collection. Client acknowledges that the actual damage to

Contractor in the event of termination is difficult to fix or prove, and the foregoing liquidated damages amount is reasonable and commensurate with the anticipated loss to Contractor resulting from such termination and is an agreed upon fee and is not imposed as a penalty.Collection of liquidated damages by Contractor shall be in addition to any rights or remedies available to Contractor under this Agreement or at law. Contractor shall not be liable for loss or damage caused by termination of its performance.

B.)By Client:

The Client may terminate this Agreement in whole or in part at any time by written notice. On receipt of such notice, Contractor shall, except as otherwise directed in said notice, immediately discontinue services and shall, if required, make reasonable efforts to procure termination of subcontracts to which Contractor is a party. Thereafter, Contractor may, if it chooses, perform such services as it deems necessary to preserve and protect the services already in progress. In the event of termination pursuant to this Paragraph, the Client agrees to immediately compensate

Contractor for work performed up to the date of termination, plus the costs associated with terminating existing subcontracts and/or preserving and protecting services already in progress, and Contractor’s expected profit on services required under the initial Agreement. After delivery of such written notice, the Client shall assume all obligations and commitments Contractor had undertaken or incurred in connection with the initial Agreement and shall additionally be responsible for payment for any subcontract with an existing balance and/or for the cost associated with the failure to procure the termination of any subcontract. Should Client terminate this Agreement while in a condition of Default as defined in Paragraph 5(A), above, Client shall remain obligated to pay Contractor liquidated damages as provided in Paragraph 5(A). Collection of liquidated damages by Contractor shall be in addition to any rights or remedies available to Contractor under this Agreement or at law and said amount is herein agreed upon and fixed as liquidated damages because of the difficulty of ascertaining the exact amount of damages that may be sustained by such delay.

6. Site Conditions: Client acknowledges that Contractor has not created, generated, stored, nor disposed of hazardous substances, 03/15/2023 03:32 PM PAGE 5 OF 7 as that term is defined below, pollution sources, or materials which may be deemed nuisances or hazardous under any applicable law. Client acknowledges responsibility for making all disclosures or reports required by any law or procedure to any third party, including but not limited to governmental authorities and State and US Environmental Protection Agencies. In addition, Client expressly acknowledges and agrees that it is

Client’s sole obligation and responsibility to obtain and ensure compliance with any permits and/or authorizations required by law.Client further acknowledges and agrees that Contractor shall not take title to, or assume any loss with respect to, hazardous or non-hazardous substances or wastes, and Client agrees to completely indemnify and hold Contractor harmless with respect to such hazardous and non-hazardous substances or wastes. In no event shall Contractor be liable for the acts of third parties, or for loss or damage which is alleged to be caused by, arise out of, or relate to the use or failure of tanks, boxes, bins, lines, utilities, underground structures, or other equipment leased to, rented to, used by or belonging to Client, or which is used by Contractor or left on site by Contractor in connection with the goods or services provided under this agreement. Without limiting the foregoing, in no event shall Contractor be liable for unknown site conditions, or for release, discharge, spillages or disposal from equipment, realty or facilities which are not then in Contractor’s actual custody, possession and control, and Client agrees to indemnify and hold Contractor harmless with respect to such release, discharge, spillages or disposal.

7. Environmental Laws: For purposes of this Agreement, the term “Environmental Laws” shall mean any Federal, State and local laws, statutes, ordinances, rules, regulations and final orders applicable to the Property, which regulate or pertain to the environment or environmental matters, including without limitation: the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601, et seq.;

The Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; The Clean Air Act, 42 U.S.C. Section 7401 et seq.; The Federal Water

Pollution Control Act, 33 U.S.C. Section 1251 et seq.; The Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Section 136 et seq.; The Toxic

Substances Control Act, 15 U.S.C. Section 2601 et seq.; The Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; The Emergency Planning and

Community Right-to-Know Act of 1986, 42 U.S.C. Section 11001, et seq.; and The Hazardous Materials Transportation Act, 49 U.S.C. Section 5101 et seq., as amended as the date of this Agreement, and the regulations and rules promulgated thereunder.

8. Safety: The Client acknowledges that it is assuming the role of Host Employer and shall comply with the Occupational Safety and

Health Act of 1970. The Client shall inform Contractor and its personnel of site specific safety requirements and hazards, including, but not limited to, lockout/tagout procedures, confined space entry, toxic atmospheres, hazard communication, high voltage rules and any other actual or potential hazards.

9. Warranties: Contractor warrants that the services provided by it pursuant to this Agreement shall be performed to the standards customarily provided by members of the same or similar profession under similar conditions. CONTRACTOR MAKES NO WARRANTY, EXPRESS

OR IMPLIED, REGARDING THE FITNESS OF A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTIBILITY OR ANY OTHER

WARRANTY. CONTRACTOR EXPRESSLY DISCLAIMS ALL ORAL WARRANTIES AND ANY OTHER WARRANTY NOT SPECIFICALLY

MENTIONED HEREIN. CONTRACTOR SPECIFICALLY DISCLAIMS ANY WARRANTY CONCERNING THE ACCURACY OR SUFFICIENCY OF

ANY ADVICE OR RECOMMENDATIONS…