CN-370000-HW682-DC013B.pdf
PDF 4 MB Posted
- Contract number
- HW682
- Issued by
- Florida
About this file
This document is a Task Assignment (TA) issued by the State of Florida Department of Environmental Protection (FDEP) to Environmental Consulting and Technology, Inc. (ECT) for initial site assessment activities at the Southside Cleaners site located at 901 South Florida Avenue in Lakeland, Polk County, Florida. The task assignment is identified as DC013B under Contract Number HW682 and is effective through July 31, 2024. The project is designated as ERIC_5377 with a department project manager of Kelly Crain and contractor project manager of Mark A. Culbreth.
ECT will conduct initial site assessment activities including HASP preparation and utility clearance, soil and direct push technology (DPT) groundwater sampling with interior well installation, monitoring well installation and sampling, Modified Active Gas Sampling (MAGS) for soil vapor assessment, investigative derived waste (IDW) management, professional land survey, and completion of a Site Assessment Report. The total task assignment value is $123,176.06 on a fixed unit rate basis. Payment is structured according to an invoice schedule tied to FDEP approval of deliverables across eight subtasks with due dates ranging from December 30, 2023 through June 30, 2024. The deliverables include field notes, sampling documentation, manifests, and the final Site Assessment Report. The original proposal totaled $126,685.53 but was negotiated down to the final amount of $123,176.06 after corrections and departmental review of the contractor's Site Assessment Workplan.
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Text version
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.
HW682
DC013B Completion July 31, 2024
This Task Assignment authorizes ECT to to conduct initial site assessment activities at the Southside Cleaners site located in Lakeland, Florida. All work will be conducted in accordance with the scope of work and cost proposal submitted on October 3, 2023.
Kelly Crain 850-245-8953 Contractor Contractor
Contractor Contractor
Contractor Contractor
Contractor
Environmental Consulting and Technology, Inc. (ECT)
Environmental Consulting and Technology, Inc. (ECT)
Mark A. Culbreth 813-289-9338
ERIC_5377
901 South Florida Avenue, Lakeland, Polk County, FL
Southside Cleaners
✔ $ 123,176.06
$ 123,176.06
Select One
Mark A. Culbreth
Contract Manager
10/5/2023
Digitally signed by Mark Culbreth Date: 2023.10.05 14:55:37-04'00'Mark Culbreth
Teresa Booeshaghi
Teresa Booeshaghi Digitally signed by Teresa Booeshaghi Date: 2023.10.05 14:28:36 -04'00'
10/5/2023
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
Email deliverable for GPR and Field Notes (Subtask 2) 12/30/2023
Email deliverable DPT and Soil Sampling Field Notes (Subtask 3) 03/01/2024
Email deliverable well installation and sampling Field Notes (Subtask 4) 04/01/2024
Email deliverable for MAGS Field Notes (Subtask 5) 05/01/2024
PLS and IDW Manifest (Subtask 6 and 7) 06/15/2024
SAR and PM (Subtask 8 and 1) 06/30/2024
FDEP Approval of Email deliverable for GPR and Field Notes (Subtask 2) $ 3,497.77
FDEP Approval of Email deliverable DPT and Soil Sampling Field Notes (Subtask 3) $ 68,476.90
FDEP Approval of Email deliverable well installation and sampling Field Notes (Subtask 4) $ 26,027.77
FDEP Approval of Email deliverable for MAGS Field Notes (Subtask 5) $ 5,495.57
FDEP Approval of PLS and IDW Manifest (Subtask 6 and 7) $ 6,414.13
FDEP Approval of SAR and PM (Subtask 8 and 1) $ 13,263.92
$ 123,176.06
HW682
DC013B
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
Memorandum TO: HW682 Contract File
Southside Cleaners
ERIC_5377
FROM: Kelly Crain, Project Manager SUBJECT: Negotiation Summary Task Assignment DC-013B DATE: October 4, 2023
This Task Assignment authorizes ECT to conduct initial site assessment activities in accordance with the Scope of Work dated October 3, 2023. The Department reviewed and provided comments on ECT’s Site Assessment Workplan for the Southside Cleaners site. The Department’s comments on the Workplan have been addressed in the Scope of Work for this Task Assignment. ECT will implement the Site Assessment Workplan that has been approved by the Department, which includes: HASP preparation and utility clearance, soil and DPT groundwater sampling and interior well installation, monitor well installation and sampling, soil vapor assessment, IDW management, professional land survey, and complete a Site Assessment Report.
The original Task Assignment totaled $126,685.53, but after negotiations and corrections, the final costs associated with this Task Assignment are $123,176.06. The project manager agrees to the scope of work and associated costs. ECT may invoice according to the attached schedule.
FDEP COST ESTIMATEContractor: Environmental Cosultanting & Technology
Date: 9/12/2023
Task #: SubTask 1 Project Management SubTask 6 Professional Land Survey
Site: Southside Cleaners & Launderers, ERIC_5377 SubTask 2 HASP & Utility Clearance SubTask 7 IDW Management
Activity/Phase: Initial Site Assessment SubTask 3 Soil Sampling with DPT & Groundwater Sampling SubTask 8 SAR Preparation
Project Manager: Mark Culbreth SubTask 4 Well Installation & Groundwater Sampling SubTask 9
SubTask 5 MAGS SubTask 10
Totals 1 2 3 4 5 6 7 8 Labor Rate Category
$82.52 Project Manager 19.7 19.7 $82.52 Senior Principal Scientist (MC) 2.0 0 0 0 0 0 0 2 $59.43 Senior Engineer / Scientist (GS) 46.5 7.0 2.5 0.0 6 0 1 30 $55.00 Senior Engineer / Scientist (DP) 143.0 8.0 93.0 34.0 0 0 0 8 $27.35 GIS Analyst / Graphics (JV) 10.0 0 0 0.0 0 0 0 10 $22.85 Associate Engineer / Scientist (JP) 36.0 0 0 16.0 12 8 0 0 $24.26 Technician (BC) 12.0 0 0 0 12 0 0 0 $33.36 Administrative (BJ) 10.0 0 2 2 2 0 0 4
Total Hours 279.2 19.7 15.0 97.5 52.0 32.0 8 1 54
Direct Labor $14,141.23 $1,626.87 $856.01 $5,330.30 $2,302.32 $988.62 $182.80 $59.43 $2,794.88
Overhead 125.30% $17,718.97 $2,038.47 $1,072.58 $6,678.87 $2,884.81 $1,238.74 $229.05 $74.47 $3,501.98 Gen & Admin 0.00% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fringe 47.40% $6,702.95 $771.14 $405.75 $2,526.56 $1,091.30 $468.61 $86.65 $28.17 $1,324.77 Total Labor $38,563.15 $4,436.48 $2,334.34 $14,535.73 $6,278.43 $2,695.97 $498.50 $162.07 $7,621.63
Travel Vehicle Rental $1,800.00 $120.00 $960.00 $480.00 $120.00 $120.00 $0.00 $0.00 Per diem + Hotel $1,596.00 $0.00 $1,188.00 $408.00 $0.00 $0.00 $0.00 $0.00 Total Travel $3,396.00 $120.00 $2,148.00 $888.00 $120.00 $120.00 $0.00 $0.00
Subcontractor (Equipment Procurement) Subcontractor Subtotal $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 Total Subcontractor Cost $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Subcontractor (Services Procurement) Drilling (Conventional) $36,251.00 $0.00 $22,846.00 $13,405.00 $0.00 $0.00 $0.00 $0.00 Surveying $3,960.00 $0.00 $0.00 $0.00 $0.00 $3,960.00 $0.00 $0.00
IDW $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
GPR $1,765.00 $700.00 $0.00 $0.00 $0.00 $0.00 $1,065.00 $0.00
Subcontractor Subtotal $41,976.00 $700.00 $22,846.00 $13,405.00 $0.00 $3,960.00 $1,065.00 $0.00 Handling Fee $4,197.60 $70.00 $2,284.60 $1,340.50 $0.00 $396.00 $106.50 $0.00 Total Subcontractor Cost $46,173.60 $770.00 $25,130.60 $14,745.50 $0.00 $4,356.00 $1,171.50 $0.00
Laboratory Analytical Costs $26,106.00 $0.00 $22,784.00 $1,522.00 $1,800.00 $0.00 $0.00 $0.00 Sample Shipping $490.00 $0.00 $350.00 $70.00 $70.00 $0.00 $0.00 $0.00 Total Laboratory $26,596.00 $0.00 $23,134.00 $1,592.00 $1,870.00 $0.00 $0.00 $0.00
Field Expenses Expendables $600.00 $40.00 $320.00 $160.00 $40.00 $40.00 $0.00 $0.00 Soil Assessment Kit $700.00 $0.00 $700.00 $0.00 $0.00 $0.00 $0.00 $0.00 Monitoring well Install Kit $1,950.00 $0.00 $650.00 $1,300.00 $0.00 $0.00 $0.00 $0.00 Shallow Groundwater Sampling Kit $580.00 $0.00 $290.00 $290.00 $0.00 $0.00 $0.00 $0.00 Ice $91.00 $0.00 $65.00 $26.00 $0.00 $0.00 $0.00 $0.00 Total Survey Station $100.00 $0.00 $50.00 $50.00 $0.00 $0.00 $0.00 $0.00 Deep Groundwater Sampling Kit $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 MAGS Kit $500.00 $0.00 $0.00 $0.00 $500.00 $0.00 $0.00 $0.00 Generator $70.00 $0.00 $0.00 $70.00 $0.00 $0.00 $0.00 $0.00
Total Field Expenses $4,591.00 $40.00 $2,075.00 $1,896.00 $540.00 $40.00 $0.00 $0.00
Subtotal $119,319.75 $4,436.48 $3,264.34 $67,023.33 $25,399.93 $5,225.97 $5,014.50 $1,333.57 $7,621.63 Completion Fee $3,856.31 $443.65 $233.43 $1,453.57 $627.84 $269.60 $49.85 $16.21 $762.16
Total Estimated Cost $123,176.06 $4,880.13 $3,497.77 $68,476.90 $26,027.77 $5,495.57 $5,064.35 $1,349.78 $8,383.79
LEVEL OF EFFORT/EXPENSE WORKSHEET
SITE : Southside Cleaners & Launderers, ERIC_5377 SUBTASK 2: HASP & Utility Clearance
DATE: 9/12/2023
LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON
STAFF-TITLE WORK DESCRIPTION HOURS
G. Sattler Senior Engineer Prepare Health and Safety Plan 2 Verification of property ownership, notify RPO of field activities 1 Off-site access for work in Florida S on west side of building 4
Total Hours 7 D Phillips Senior Scientist Round trip Mobilization between Orlando and the site in Lakeland 4
Utility clearance 4 Total Hours 8
TOTAL LABOR 15
VEHICLE TYPE RATE UNIT USEAGE
Rental Truck $120.00 day 1 $120.00
TOTAL VEHICLE $120.00
PER DIEM STAFF RATE UNIT USEAGE
TOTAL PER DIEM $0.00
SUBCONTRACTOR COSTS
NAME PURPOSE COST UNITS
Site Lines LLC Private Utility Location $700.00 1 $700.00
TOTAL $700.00
LABORATORY COSTS
PARAMETER RATE # SAMPLES #QAQC
TOTAL LAB $0.00
EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS
Expendables $40.00 Event 1 $40.00
TOTAL EQUIPMENT $40.00
FINAL --7/24/96
SUBTASK 3: Soil Sampling with DPT & Groundwater Sampling
DATE: 9/12/2023
LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON
STAFF-TITLE WORK DESCRIPTION HOURS
G. Sattler Senior Engineer SPLP evaluation 1 SPLP and well placement correspondence and meetings with the FDEP 1.5
Total Hours 2.5 D Phillips Senior Scientist Two Round trip Mobilization from Orlando to the site in Lakeland 8
Soil Borings and DPT Sampling 80 Depth to water measurement & survey 4 wells 1 Groundwater sampling 4 wells 4
Total Hours 93 B. Jarvis Administrative Create tables and data entry 2
Total Hours 2
TOTAL LABOR 97.5
VEHICLE TYPE RATE UNIT USEAGE
Rental Truck $480.00 week 2 $960.00
TOTAL VEHICLE $960.00
PER DIEM STAFF RATE UNIT USEAGE
Hotel D Phillips $150.00 day 6 $900.00 Per Diem D Phillips $36.00 day 8 $288.00
TOTAL PER DIEM $1,188.00
SUBCONTRACTOR COSTS
NAME PURPOSE COST
Groundwater Protection DPT Soil & Groundwater Sampling $22,846.00 1 $22,846.00
TOTAL $22,846.00
LABORATORY COSTS
PARAMETER RATE # SAMPLES #QAQC UNITS
USEPA Method 8260 Full list Soil SBs $110.00 124 $13,640.00 SPLP Extractions $45.00 32 $1,440.00 USEPA Method 8260 for Full list Groundwater DPT $110.00 24 $2,640.00 USEPA Method 8260 Full list Grab samples from 4 MW $110.00 4 $440.00 USEPA Method 8260 for SPLP $110.00 24 $2,640.00 Encore Samplers $16.00 124 $1,984.00 Shipping Samples $70.00 5 $350.00
TOTAL LAB $23,134.00
EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS
Expendables $40.00 Day 8 $320.00 Soil Assessment Kit $700.00 Week 1 $700.00 Monitoring well Install Kit $325.00 Day 2 $650.00 Shallow Groundwater Sampling Kit $290.00 Day 1 $290.00 Ice $6.50 each 10 $65.00 Total Survey Station $50.00 day 1 $50.00
TOTAL EQUIPMENT $2,075.00
SUBTASK 4: Well Installation & Groundwater Sampling
DATE: 9/12/2023
LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON
STAFF-TITLE WORK DESCRIPTION HOURS
D Phillips Senior Scientist 4 Oversight of well installations 30
Total Hours 34 J. Penia 4
Collect DTW at 12 wells 1 Groundwater Sampling of 12 wells 10 Containerize purge water 1
Total Hours 16 B. Jarvis Administrative Create tables and data entry 2
Total Hours 2
TOTAL LABOR 52
VEHICLE TYPE RATE UNIT USEAGE
Rental Truck DP $120.00 day 3 $360.00 Rental Truck JP $120.00 day 1 $120.00
TOTAL VEHICLE $480.00
PER DIEM STAFF RATE UNIT USEAGE
Hotel D Phillips $150.00 day 2 $300.00 Per Diem D Phillips $36.00 day 3 $108.00
Hotel J. Penia $150.00 day 0 $0.00 Per Diem J. Penia $36.00 day 0 $0.00
TOTAL PER DIEM $408.00
SUBCONTRACTOR COSTS
NAME PURPOSE COST UNITS
Groundwater Protection Well install 1 $13,405.00
TOTAL $13,405.00
LABORATORY COSTS
PARAMETER RATE # SAMPLES #QAQC Units IDW USEPA Method 8260 for VOHs Soil $73.00 1 $73.00 IDW USEPA Method 6020 or 6010 for RCRA 4 Metals $56.00 1 $56.00 IDW USEPA Method 8260 for VOHs Purge water $73.00 1 $73.00 USEPA Method 8260 Full list amples from MW's $110.00 12 $1,320.00 Shipping Samples $70.00 1 $70.00
TOTAL LAB $1,592.00
EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS
Expendables $40.00 Day 4 $160.00 Monitoring well Install Kit $1,300.00 Week 1 $1,300.00 Shallow Groundwater Sampling Kit $290.00 Day 1 $290.00 Ice $6.50 each 4 $26.00 Total Survey Station $50.00 day 1 $50.00 Deep Groundwater Sampling Kit $415.00 Day 0 $0.00 Generator $70.00 Day 1 $70.00
TOTAL EQUIPMENT $1,896.00
$13,405.00
Engineer/Scienti st Round trip Mobilization from Tampa to the site in Lakeland
Round trip Mobilization from Orlando to the site in Lakeland
SUBTASK 5: MAGS
DATE: 9/12/2023
LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON
STAFF-TITLE WORK DESCRIPTION HOURS
G. Sattler Senior Engineer P.E. oversight of MGAS events (Provide SOW, guidance, and answer field question) 3 Check MAGS data. 3
Total Hours 6 J. Penia Round trip Mobilization from Tampa to the site in Lakeland 4
Perform MAGS Testing 8 Total Hours 12
B. Carrick Technician Round trip Mobilization from Orlando to the site in Lakeland 4 Perform MAGS Testing 8
Total Hours 12 B. Jarvis Administrative Update tables 2
Total 2
TOTAL LABOR 32
VEHICLE TYPE RATE UNIT USEAGE
Rental Truck J. Penia $120.00 day 1 $120.00 Rental Truck B. Carrick $120.00 day 1 $120.00
TOTAL VEHICLE $120.00
PER DIEM STAFF RATE UNIT USEAGE
Hotel J. Penia $150.00 day 0 $0.00 Per Diem J. Penia $36.00 day 0 $0.00
Hotel B. Carrick $150.00 day 0 $0.00 Per Diem B. Carrick $36.00 day 0 $0.00
TOTAL PER DIEM $0.00
SUBCONTRACTOR COSTS
NAME PURPOSE COST
TOTAL $0.00
LABORATORY COSTS
PARAMETER RATE # SAMPLES #QAQC Units
USEPA Method TO-15 for VOHs $200.00 9 $1,800.00 Sampling Shipping Overnight $70.00 1 $70.00
TOTAL LAB $1,870.00
EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS
Expendables $40.00 Day 1 $40.00 MAGS Kit $500.00 Day 1 $500.00
TOTAL EQUIPMENT $540.00
Associate Scientist
SUBTASK 6: Professional Land Survey
DATE: 9/12/2023
LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON
STAFF-TITLE WORK DESCRIPTION HOURS
J. Penia Technician Round trip Mobilize from Tampa to the site in Lakeland 4 PLS Oversight and aid in location of wells 4
Total Hours 8
TOTAL LABOR 8
VEHICLE TYPE RATE UNIT USEAGE
Rental Truck J. Penia $120.00 day 1 $120.00
TOTAL VEHICLE $120.00
PER DIEM STAFF RATE UNIT USEAGE
Hotel JP $36.00 day 0 $0.00 Per Diem JP $150.00 day 0 $0.00
TOTAL PER DIEM $0.00
SUBCONTRACTOR COSTS
NAME PURPOSE COST
SurvTechSolutions Professional Land Survey $3,960.00 1 $3,960.00
TOTAL $3,960.00
LABORATORY COSTS
PARAMETER RATE # SAMPLES #QAQC
TOTAL LAB $0.00
EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS
Expendables $40.00 Event 1 $40.00
TOTAL EQUIPMENT $40.00
SUBTASK 7: IDW Management
DATE: 9/12/2023
LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON
STAFF-TITLE WORK DESCRIPTION HOURS
G. Sattler Senior Engineer Characterization of waste to profile soil & water IDW drums for transportation and disposal 1 Total 1
TOTAL LABOR 1
VEHICLE TYPE RATE UNIT USEAGE
TOTAL VEHICLE $0.00
PER DIEM STAFF RATE UNIT USEAGE
TOTAL PER DIEM $0.00
SUBCONTRACTOR COSTS
NAME PURPOSE COST
Erwin Remediation IDW T&D Soil $110.00 4 $440.00 Erwin Remediation IDW T&D Water $125.00 5 $625.00
TOTAL $1,065.00
LABORATORY COSTS
PARAMETER RATE # SAMPLES #QAQC
TOTAL LAB $0.00
EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS
TOTAL EQUIPMENT $0.00
SUBTASK 8: SAR Preparation
DATE: 9/12/2023
LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON
STAFF-TITLE WORK DESCRIPTION HOURS
M. Culbreth Sr. Principal ScienDevelop conclusions, recommendations, and prepare final Assessment Report 2 Total 2
G Sattler Senior Engineer Prepare the draft SAR site background, SOW, soil, groundwater sections 30 Total 30
D. Phillips Senior Scientist Prepare draft SAR lithological section, create draft figures to be submitted for AutoCAD generatio 6 QA/QC of analytical data 2
Total 8 J. Von Borstel GIS Analyst Revise and Update Figures 10
Total 10 B. Jarvis Administrative Update tables, Document Preparation & Publishing 4
Total 4
TOTAL LABOR 54
VEHICLE TYPE RATE UNIT USEAGE
TOTAL VEHICLE $0.00
PER DIEM STAFF RATE UNIT USEAGE
TOTAL PER DIEM $0.00
SUBCONTRACTOR COSTS
NAME PURPOSE COST
TOTAL $0.00
LABORATORY COSTS
PARAMETER RATE # SAMPLES #QAQC
TOTAL LAB $0.00
EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS
TOTAL EQUIPMENT $0.00
1408 North Westshore Blvd, Ste 115, Tampa, FL 33607 ectinc.com 813.289.9338
October 3, 2023 ECT
No. P23RA-0106
Ms. Kelly Crain
Florida Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Re: Proposal for Initial Site Assessment
Southside Cleaners-Launderers, ERIC_5377
901 South Florida Avenue, Lakeland, FL 33803
Dear Ms. Crain:
Environmental Consulting & Technology, Inc. (ECT) has prepared this scope of work (SOW) and the attached Level of Effort Worksheet and Cost Estimate Forms/Expense Worksheet for the initial soil & groundwater site assessment of the facility referenced above. The SOW is based upon the approved
Site Assessment Work Plan (SAWP), dated July 2023, and SAWP review comments, provided by the
FDEP. The Level of Effort Worksheet and Cost Estimate Forms/Expense Worksheet (LOECEF) are attached. Subcontractor bid summaries and quotes are provided in Attachment 1 and a Site Plan with sampling locations is provided as Attachment 2.
SubTask 1 – Project Management
This subtask consists of the calculated project management labor, based upon 13% of the direct labor costs in this proposal, and includes fringe, overhead, other direct costs (ODCs) and completion fees.
SubTask 2 – HASP Preparation & Utility Clearance
This subtask consists of the labor proposed for generating a site-specific Health and Safety Plan
(HASP), obtaining permits or additional site access agreements that may be required. The SAWP indicated that site access was granted by the property to the east. This subtask will also include the labor and associated travel costs to escort a subcontractor to conduct a private underground utility location survey at the facility. The private underground utility location survey requires roundtrip mobilization for a Senior Scientist to travel from Orlando to the site, it is estimated that travel time will be 8 hours. The estimated time onsite for the underground utility location survey is 4 hours. Table 1 summarized the SubTask 2 activities.
Table 1. SubTask 2 GPR Activities Summary
Employee/Resource Activity Time
Senior Engineer Prepare Health and Safety Plan 2 hours
Senior Engineer Verification of property ownership, notify RPO of field activities 1 hour
Senior Engineer Obtain off-site access for work on Florida S Lane on west side 4 hours
Senior Scientist Round Trip Mobilization - Orlando to Lakeland 4 hours
Senior Scientist Underground Utility Locate 4 hours
Senior Scientist Truck for Underground Utility Locate 1 day
Ms. Kelly Crain, FDEP
Southside Cleaners-Launderers Site Assessment Proposal
September 15, 2023 ectinc.com
SubTask 3 – Soil & DPT Groundwater Sampling & Interior Well Installation
ECT will begin the assessment activities by completing a single lithologic boring via Direct Push
Technology (DPT) labeled LB001, to obtain site specific lithologic information for this project. ECT proposes a depth of 75 feet for LB001. This initial drilling mobilization will provide the information necessary to evaluate the need to modify our approach for the installation of wells during the second drilling mobilization.
Following the completion of LB001, ECT proposes to collect soil samples from 10 soil borings inside the drycleaner (SB001 to SB010) and 12 soil boring locations outside the drycleaner (SB011 to SB022).
Based upon information gathered from a nearby site, the depth to groundwater is expected to be approximately 30 feet below land surface (bls). For this initial site assessment effort, ECT proposes collecting soil samples to a depth of 10 feet bls, both inside and outside the drycleaner. The soil samples for laboratory analyses will be collected by hand auger from 0.5 feet bls, 2 feet bls, 4 feet bls, 6 feet bls, 8 feet bls and 10 feet bls (six samples per boring). The SAWP identified that at SB015 through
SB019, soil samples would only be collected at 0.5 feet bls and 2 feet bls. Where soil boring locations are in asphalt or concrete, the 0.5 feet bls sample will not be collected, or collected at 1-foot bls, if appropriate. At three outside locations close to the former and current drycleaning machine locations
(SB020, SB021 and SB022), which are proposed for either the installation of a vapor extraction well
(VEW), or for DPT groundwater sampling, ECT proposes to attempt the collection of deeper soil samples via DPT. For those locations, additional samples will be collected at 15 feet bls, 20 feet bls, 25 feet bls and 28 feet bls (four additional samples per boring). Soil borings SB002 through SB004, SB006, SB009, SB012 and SB0014 through SB019 are proposed for soil sampling only. Several interior and exterior soil boring locations are proposed to be co-located with either DPT groundwater sampling locations, or VEWs, as indicated here:
Inside the drycleaner:
SB001 / VW001
SB005 / VW005
SB007 / VW003
SB008 / VW004
SB009 / VW005
SB010 / VW006
Outside the drycleaner:
SB011 / DP001
SB013 / DP002
SB020 / VW007
SB021 / DP006
SB022 / VW008
The collected soil samples will be analyzed at a fixed laboratory for volatile organic halocarbons
(VOHs) by EPA Method 8260. The laboratory will be prepared to run Synthetic Precipitate Leaching
Procedure (SPLP) analyses, as needed and agreed to by the FDEP site manager. See the Site Plan provided as Attachment 2, illustrating all sampling locations.
ECT proposes the collection of discrete interval groundwater samples via DPT from eight locations
(DP001 to DP008) indicated on the Site Plan in Attachment 2. Additional DPT borings or discrete intervals may be required to delineate the horizontal and vertical extent of any identified source area and/or the dissolved phase VOH plume. Should any additional on-site DPT borings for discrete interval groundwater sampling be required, they will be added to the SOW for subsequent SubTask 4, via the submittal of a Task Assignment Change Order (TACO).
The expected depth to groundwater is 30 feet bls. The target completion depth of the DPT groundwater samples is 52 feet bls. Groundwater samples will be collected at three intervals (30-34 feet bls, 39-43 and 48-52 feet bls) and may be adjusted for lithology and observed preferential pathways. All groundwater samples will be analyzed for VOHs. Additionally, ECT proposes to install four shallow groundwater monitoring wells to a depth of 40 feet bls, or approximately six to eight feet into the water table, as encountered during this initial sampling event. The four wells are proposed to be located adjacent to LB001, SB021/DP006, DP008 and SB011/DP001, as identified on the Site Plan in Attachment 2. The intent is to be able to obtain groundwater elevation data to determine the groundwater flow direction for placement of additional groundwater monitoring wells in subsequent
SubTask 4.
The proposed sample analyses related to soil and groundwater sampling for SubTask 3 are listed, as follows:
SB001 to SB014 and SB020 to SB022 (6 depth intervals each) – 102 samples
SB015 to SB019 (2 depth intervals each) – 10 samples
SB020, SB021 and SB022 (4 depth intervals each) – 12 samples
SPLP extractions – 32 (estimated)
Aqueous samples from extractions – as needed, up to 24 samples
DP001 to DP008 (3 depth intervals each) – 24 samples
MW001 to MW004 – 4 samples
Table 2 summarizes SubTask 3 activities.
Table 2. SubTask 3 Soil Assessment Activities Summary
Employee/Resource Activity Time
Senior Engineer SPLP evaluation 1 hour
Senior Engineer
SPLP and well placement correspondence and meetings with the
FDEP
1.5 hours
Senior Scientist Round Trip Mob x 2 8 hours
Senior Scientist Lithological Soil Boring, Soil Borings and DPT GW Sampling 80 hours
Senior Scientist Survey and groundwater sampling of 4 wells 5 hours
Senior Scientist Truck for DPT borings and soil sampling 2 weeks
Senior Scientist Per Diem 8 days
Senior Scientist Hotel 6 days
Administrative Create tables and data entry 2 hours
SubTask 4 – Exterior Well Installation & Sampling
Based upon the SAWP (and FDEP review comments to the SAWP), and the analytical results provided by the DPT groundwater sampling conducted in Subtask 2, ECT will install up to eight exterior permanent monitoring wells to confirm DPT sample laboratory results and to provide permanent monitoring points. The estimate is based upon four shallow wells installed to 40 feet bls; three intermediate wells installed to 55 feet bls; and one deep well installed to 70 feet bls (a maximum total of 355 linear feet of well). These wells will be located and completed to depths, as provided in the
Work Plan, or at adjusted locations/depths with written agreement from the DEP site manager, in an effort to provide lateral and vertical delineation of any detected groundwater impacts.
Following the installation and proper development of the newly installed monitoring wells, ECT will re-mobilize to collect samples for analyses of VOHs by USEPA Method 8260 at a fixed laboratory. Table
3 summarizes the SubTask 4 activities.
Table 3. SubTask 4 Groundwater Assessment Activities Summary
Senior Scientist Round Trip Mob 4 hours
Senior Scientist Conducting monitoring well installations 30 hours
Senior Scientist Truck for DPT 3 days
Senior Scientist Per Diem 3 days
Senior Scientist Hotel 2 days
Associate Scientist Round Trip Mob 4 hours
Associate Scientist Groundwater Sampling 12 hours
Associate Scientist Truck for Groundwater Sampling Event 1 day
SubTask 5 – Soil Vapor Assessment
This subtask includes the ECT labor and all associated equipment, materials and laboratory analytical costs relating to the performance of Modified Active Gas Sampling (MAGS) testing in the nine previously installed VEWs. The MAGS event will utilize a minimum of two step tests, in at least one of the MAGS wells. Table 4 summarizes the activities for SubTask 5.
Table 4. SubTask 5 MAGS Activities Summary
Employee/Resource Activity Time
Sr. Engineer Create the MAGS Plan and remote oversight of the MAGS test 3 hours
Sr. Engineer Check & evaluate MAGS data 3 hours
Associate Scientist Round Trip Mob 4 hours
Associate Scientist MAGS Testing 8 hours
Associate Scientist Truck for MAGS Testing 1 day
Technician Round Trip Mob 4 hours
Technician MAGS Testing 8 hours
Technician Truck for MAGS Testing 1 day
SubTask 6 – Professional Land Survey
This subtask consists of the costs associated with surveying all accessible sampling locations and obtaining top-of-casing (TOC) elevations of the installed groundwater monitoring wells. Also included is the proposed ECT labor to meet the surveyor on-site to identify all soil sampling and monitoring well locations to be included in the Professional Land Survey (PLS). Table 5 summarizes the activities for SubTask 6.
Table 5. SubTask 6 PLS Activities Summary
Employee/Resource Activity Time
Sr. Engineer Coordinate and schedule with Surveyor 1 hour
Associate Scientist Round Trip Mob 4 hours
Associate Scientist PLS Oversight and aid in location of wells 4 hours
Associate Scientist Truck for PLS 1 day
SubTask 7 – IDW Management
This subtask consists of the costs associated with disposal of all Investigative Derived Wastes (IDW) generated during site assessment activities. ECT estimates that a total of 4 drums of non-hazardous soil and 5 drums of non-hazardous water will be generated during this investigation. Table 6 summarizes the activities for SubTask 7.
Table 6. SubTask 7 IDW Activities Summary
Sr. Engineer
Characterization of waste to profile soil & water IDW drums for
T&D 1 hour
Sr. Engineer Schedule IDW transport and disposal 1 hour
SubTask 8 – Site Assessment Report
This subtask consists of the costs associated with the compilation of all site assessment data in a Site
Assessment Report, which will include analytical data summarized in tables and on figures, along with attachments including field notes, soil boring and groundwater sampling logs, well completion forms, photographs and any other pertinent documentation. The report will include conclusions and recommendations for additional assessment, or remediation, if required. Table 7 summarizes the activities for SubTask 8.
Table 7. SubTask 8 SAR Activities Summary
Employee/Resource Activity Time
Sr. Principal
Scientist Develop conclusions, recommendations, and prepare final SAR 2 hours
Sr. Engineer Prepare the draft SAR 30 hours
Senior Scientist
SAR lithological section of the SAR, create draft figures to be submitted for AutoCAD generation 6 hours
Senior Scientist QA/QC of analytical data 2 hours
GIS Analyst Create SAR figures 10 hours
Administrative Create SAR tables, data entry, & document production 4 hours
Proposed Schedule and Cost
ECT proposes the following cost and deliverable schedule, based upon the issue date of the Task
Assignment:
Given the depth to groundwater and the logistics for ECT and their subcontractors to perform assessment activities in Lakeland, the total estimated cost is $126,205.23. The LOECEF is attached for the Southside Cleaners-Launderers initial assessment work. Table 8 summarizes the Subtask costs and associated deliverable due dates.
Table 8. Invoice and Deliverable Schedule:
SubTask Deliverable Deliverable Date
Invoice
Amount
2 Email deliverable for GPR & Field Notes 30 December 2023 $3,497.77
3 Email deliverable for DTP, Soil Field Notes 1 March 2024
Email deliverable for Well Install, Field Notes, &
Well Permits 1 April 2024 $26,038.27
5 Email deliverable for MAGS 1 May 2024 $5,495.57
6 PLS 30 May 2024 $5,242.62
7 IDW Waste Manifest 15 June 2024 $1,528.04
$68,476.90
8 Site Assessment Report 30 June 2024 $8,383.79
1 Project Management 30 June 2024 $4,926.47
Gregory L. Sattler, P.E. Mark A. Culbreth, P.G
Senior Engineer Principal Scientist
Attachments:
LOECEF
Attachment 1 - Subcontractor Quotes
Attachment 2 - Site Plan with Sampling Locations
Total $123,589.53
Should you have any questions regarding this proposal, please contact the undersigned.
Sincerely, ENVIRONMENTAL CONSULTING & TECHNOLOGY, INC.
ATTACHMENT 1: SUBCONTRACTOR QUOTES
Firm Cost
Blood Hound $965.00
GeoView $900.00
Site Lines $700.00
GPR Summary
87973Estimate Number
11/12/2023Expiration Date
8/14/2023Created Date
ESTIMATE
Blood Hound 6500 Technology Center Dr.
Suite 200 Indianapolis, IN 46278
Email: BHI@bhug.com bhug.com Website:
Phone #: 888-858-9830 888-858-9829 Fax #:
Customer has requested an estimate for the following scope of work:
The following work is being performed to Quality Level B standards in accordance with CI/ASCE 38-02.
Client has requested an estimate to horizontally locate private and *public detectable underground utilities within areas to be directed on site. Estimate does not include any interior locations.
A print or image was not provided to review to assist with the estimate. Therefor, pre-marking or a meet on site will be required to confirm the locate area and assist with access.
Based on no maps or indication of how many soil bores will be required to be cleared, an estimate for 4 hours on site is being provided. Client will only be invoiced for time needed to complete the stated SOW
Customer is advised if less time onsite is required than estimated, invoicingwith a two-hour minimum.
will be reduced to no less than the minimum fee. Any additional time required on site to complete the task beyond the estimated / minimum time will be invoiced in 15-minute increments of the provided hourly rates, upon customer approval.
EM and Real-Time GPR Locating equipment will both be utilized to locate and mark any detectable underground utilities and / or anomalies. A not to scale digital field sketch and photos will be provided of our discoveries for surveying and documentation purposes.
Customer has requested approximate depths to be noted on site sketch. Please note that all depths are approximate and can only be verified using vacuum excavation.
Customer is advised that Blood Hound utilizes water-based paint and flags to identify any discoveries onsite. If this is an issue, Blood Hound must be made aware of this when scheduling.
The performance of BHUG’s services is limited to full and unobstructed access to include but not limited to: mechanical rooms, manholes, hand holes, vaults, meter rooms, telecom rooms, fixtures (plumbing, electrical, communication), dispensers, fenced compounds, tanks and structures. Full cooperation from the on-site personnel is necessary to perform a complete scan. Should access not be provided or it is delayed, this could impact time to safely complete and accuracy of work.
Results are dependent upon field conditions at the time of locating services. It may be necessary to have parked vehicles or machinery moved to allow for a full scan and to access structures.
BHUG SOW
$965.00Grand Total dphillips@ectinc.comEmail
407.903.0005Phone
Daniel PhillipsName
901 S. Florida Avenue, Lakeland, FL, 33803Job Site Location
3751 Maguire Blvd. | Suite 234 Orlando, FL 32803
US
Billing Address
3212452124Billing Phone
Environmental Consulting & Technology, Inc.Customer
Product Invoice Description Quantity Sales Price Total Price
Advantage Locate (hourly) Advantage Locate (hourly rate) 4.00 $225.00 $900.00
Trip Charge Trip Charge 1.00 $65.00 $65.00
Scope of Work
87973Estimate Number
11/12/2023Expiration Date
8/14/2023Created Date
ESTIMATE
Blood Hound 6500 Technology Center Dr.
Suite 200 Indianapolis, IN 46278
Email: BHI@bhug.com bhug.com Website:
Phone #: 888-858-9830 888-858-9829 Fax #:
By signing this Estimate the client acknowledges that they accept the scope of work listed on the estimate, as well as the service rates provided and are providing Blood Hound with a Notice To Proceed (NTP) for the listed Project. If the scope of work should change while the work is in progress, any changes will be documented on the technician’s field notes and signed off on by the client. Signing this estimate also acknowledges that the client agrees to the terms and conditions as they relate to payment for services rendered.
Signature: ______________________________________________________________________________________
Printed Name: ___________________________________________________________________________________
Date Signed: ____________________________________________________________________________________
Payment is due at the time of service, unless you already have an account with us. If you do have an account with us, payment terms are Net 30 days, unless otherwise stated in a pre-approved contract. To learn more, please call the office at 888-858-9830.
PRICE MAY VARY BASED ON ACTUAL TIME ON SITE. The above pricing is based only on the information supplied by the customer.
If a site walk through has not been conducted, this may affect the price.
If this is a prevailing wage job, please contact our office for a revised quote as this pricing does not reflect prevailing wage rates. If at some later date a project is determined to be a prevailing wage job, then any extra expense incurred by Blood Hound will be billed to the client.
The project estimate outlined in this specific proposal is valid for 90 days from the date of the proposal. Blood Hound reserves the right to review and adjust this estimate if client does not approve of the proposal within 90 days.
Please send all POs / Contracts to .BHUGContracts@bhug.com
We look forward to working with you.
Blood Hound will use electromagnetic (EM) and ground-penetrating-radar (GPR) equipment to locate private underground utilities at site indicated by client. All findings will be marked according to APWA standard. Customer is responsible for calling 811 for locates of any public utilities. If the scope of work should change or is different than that listed on estimate, please call our office for a revised estimate.
Unless expressly noted, Vacuum Excavation estimates do not include any of the following services: Permitting, Traffic Control, Restoration, Special Restoration, Special Backfill or Waste Disposal. If you need any of those services please call our office for a revised estimate.
Blood Hound is not responsible for the condition of the pipes or structures before or after jetting/clearing service is performed. Unsatisfactory conditions could be present within the structure and any services may bring those deficiencies to light.
In the event of inclement weather, if the client still requests for crew to arrive on site, then the client will be responsible for minimum charges even if no work is performed.
*BHUG will attempt to locate Public utilities to the best of our ability , with thewhen requested information provided. However, not having access to utility records, plans or maps may be cause for some utilities to be unaccounted for, therefor it is always the customer responsibility to call 811 and dig responsibly. Any available as-builts, engineered or other record drawings, if available, should be supplied to BHUG an estimate and commencement of any field work.prior to providing
Quoted rates are exclusive to this estimate only. Rates quoted by Call Center Representatives are in effect unless otherwise stipulated within a formal estimate.
From: Mike Wightman To: Daniel S. Phillips Cc: Steve Scruggs Subject: Subject: GPR RFQ - Southside Cleaners, 901 S. Florida Avenue, Lakeland Date: Tuesday, August 15, 2023 12:02:14 AM
Hi Daniel, the following was forwarded to me by our office manager
ECT is requesting quotes for Ground Penetrating Radar to locate underground utilities at the above referenced facility/property for the FDEP Waste Cleanup Program. The FDEP typically only allows ½ day for this type of work at a dry cleaner site and ECT will be onsite to help identify areas of interest. Let me know if you need any additional information, or feel free to call if you would like to discuss.
Our price for a half day mark out would be $900. If you needed an AutoCAD site map prepared to document the study results the cost would be $1100.
Thanks for the opportunity and let me know if you should need a proposal.
MJW
In the future you can send your proposal requests to:
schedule@geoviewinc.com
That way it will go to senior staff who can handle pricing, proposal preparation and scheduling.
Michael J. Wightman, P.G.
President GeoView, Inc. – Corporate Office Office: 727-209-2334 Cell: 813-690-6667
GeoView, Inc.
St. Petersburg – Jacksonville – Orlando – Boca Raton – Boston
Providing geophysical services to geological/geotechnical, infrastructure/utility, environmental, archaeological & marine investigations.
www.geoviewinc.com mailto:mwightman@geoviewinc.com mailto:dphillips@ectinc.com mailto:sscruggs@geoviewinc.com mailto:schedule@geoviewinc.com https://nam10.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.geoviewinc.com%2F&data=05%7C01%7Cdphillips%40ectinc.com%7C979e6477c3d34b19eb7d08db9d446682%7C911eb1cc54d34d8ca5773bf3ccc8105c%7C0%7C0%7C638276689337856271%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=8u%2BxU4izLbHPsMSYUdGW8S1JsPpmFsnUFz6c5BxrkFM%3D&reserved=0
SITE LINES LLC
Utility Locating 1143 59th Avenue North (727) 432-9482 St. Petersburg, FL 33703 bhardy@sitelinesllc.com
Mr. Daniel S. Phillips, P.G.
Environmental Consulting &Technology, Inc.
3751 Maguire Boulevard, Suite 234 Orlando, FL 32803
August 15, 2023
SITE: Southside Cleaners Site – Lakeland, Florida PROPOSAL: 01323p
Dear Mr. Phillips:
Thank you for contacting Site Lines LLC regarding the private utility locate at your project site. Attached is our proposal in response to your inquiry.
Please review the proposal to ensure I have accurately captured the project details.
If you agree to the proposal, including the terms and conditions, and the statement of work, please sign, initial and date where indicated. Upon signing, the proposal will serve as the Agreement of the parties as to the above-referenced Project.
If you have any questions, please feel free to contact me. I look forward to working with you.
Sincerely, Site Lines LLC
William L. Hardy II Geophysicist President
Enclosure
SITE LINES LLC PROPOSAL
SITE LOCATION
Southside Cleaners Site – 901 S. Florida Avenue, Lakeland, FL
PROPOSED SCOPE OF WORK
Site Lines (“Company”) will use Ground Penetrating Radar (GPR) and conventional electromagnetic (EM) pipe and cable locators to determine the location of underground utilities at the site identified by Environmental Consulting & Technology, Inc. (“Client”).
RESULTS OF THE INVESTIGATION
The estimated depth and location of utilities identified during the investigation will be marked on the ground surface using spray paint or other method to be agreed upon by the parties. The American Public Works Association Uniform Color Codes for the marking of underground utilities will be used.
PROJECT FEE
The fee to complete the project as described within this proposal is:
$700.00
Client shall pay Company in full within thirty (30) days of the invoice date, unless the parties have agreed to another payment arrangement in writing. If during the investigation, Company determines that the goals of the project cannot be achieved with the resources available to Company, Company will notify Client as soon as reasonably possible. Under such circumstances, Company will charge Client only for time expended and materials used to date.
CLIENT REQUIREMENTS
Client is responsible for all site access, maintenance of traffic (MOT), site clearing and/or any other logistical considerations necessary to conduct the utility locate.
Client will also provide all pertinent maps of the project site, including those that show the boundaries of the utility locate, pertinent landmarks, and known utilities (if available). Company is not a substitute for Chapter 556, Florida Statutes.
Accordingly, Client is responsible for calling Sunshine State One Call of Florida
(811) before undertaking any invasive activities, whether through Company, any other entity, or on its own.
DESCRIPTION OF COMPANY INVESTIGATION AND LIMITATIONS
A GSSI SIR-4000 GPR system will be used with a 900, 400, or 270 megahertz antenna configuration depending on site conditions and desired targets. The GPR will assist in locating nonmetallic and metallic utilities. Physical surface conditions, subsurface conditions and technical limitations effect the ability of GPR to resolve targeted utilities and/or subsurface structures. Depth and/or diameter of the utility, soil type, moisture/ionic content of the soil, and electrical properties of the soil compared to that of the utility can prevent the GPR from identifying utilities at the site. The diameter of a utility cannot be determined by GPR data. Estimated depths of utilities are directly affected by soil conditions and the material of the utility. A margin of error of +/- 20-25% in depth should be expected when performing invasive activities.
A Fisher TW-6 split box will be used for the EM survey. The EM survey will assist in finding only metallic utilities.
Due to the limitations described above, when Client is working around indicated utilities, a minimum of two (2)-feet clearance from either side of the marked utility will be maintained. For absolute confirmation, Client is responsible for exposing any indicated underground utility.
Company will conduct utility investigations in accordance with the level of care and generally accepted professional practices as ordinarily exercised by members of the same profession practicing in the same locality under similar conditions.
REPRESENTATIONS AND WARRANTIES
Neither Company nor its employees or agents are licensed surveyors under Florida law, nor do they represent themselves as such. Accordingly, the work Company is to perform is not a substitute for work typically completed by a licensed surveyor.
Company specifically and expressly disclaims any liability for any type of property damage or personal injury, including but not limited to death, arising from client’s failure to determine that the services of a licensed surveyor are necessary or to retain a licensed surveyor to perform necessary services.
Limitations in technology, complexity of the physical characteristics of the subsurface conditions, and circumstances beyond Company’s control may limit the performance of Company’s utility investigation. For these reasons, Company expresses no guarantee that all utilities and underground structures will be identified and located during this project.
Company is responsible only for locating underground utilities, the presence of which is both known and indicated on site maps to be provided by Client to Company before Company performs the utility locate. Company will use its best efforts to locate both known and unknown utilities within the project boundaries. However, Company will only be responsible for locating utilities, the presence of which is known before Company undertakes its investigation.
Company expressly disclaims any and all warranties regarding specific or desired results.
TERMS AND CONDITIONS
Additional Insured: If requested, Company will name Client as an additional insured with respect to the services to be performed under this agreement.
Indemnity: Company agrees to indemnify, protect and hold harmless Client from and against all liabilities, claims or demands of every kind of injury, including death, or damages to any person or property related in any way to Company’s performance of this Agreement, except to the extent such liabilities, claims or demands are caused by the negligence or willful misconduct of Client.
Client agrees to indemnify, protect and hold harmless Company from and against all liabilities, claims or demands of every kind of injury, including death, or damages to any person or property related in any way to Client’s performance of this Agreement, except to the extent such liabilities, claims or demands are caused by the negligence or willful misconduct of Company.
Release of Information. Client authorizes Company to release any information regarding Client and this Agreement as may be permitted by Company's privacy policy or as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts including, but not limited to, officials from local and state code enforcement agencies.
Governing Law; Jurisdiction; Severability; Waiver of Jury Trial. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under Florida law, but if any provision of this Agreement shall be invalid or prohibited under Florida law, such provision shall be ineffective only as to the invalid portion of the provision without invalidating the remainder of such provision or the remaining provisions of this Agreement.
Client agrees to waive his or her rights to a jury trial for any and all claims made against or through Company. Client further agrees that Company will be notified of all claims no later than the earlier of thirty (30) days from the initial discovery of the claim or default or thirty (30) days following the expiration or termination of this Agreement. Client also agrees that failure to notify Company of any and all claims within this time period will result in the forfeiture of said claim.
Any claims by Client arising under this Agreement must be brought in a state or federal court of competent jurisdiction located in Pinellas County, Florida or in the
United States District Court for the Middle District of Florida in Tampa, Florida.
Client waives any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction and venue does not preclude Client or Company from bringing an action to enforce any judgment or judicial order in any other jurisdiction. The prevailing party in any dispute will be entitled to recover from the losing party its costs, including, but not limited to, costs of collection, reasonable attorney’s fees, and investigative fees.
Assignment; Succession; Third-Party Beneficiaries. Client shall not assign this Agreement or the rights thereto to any other person or entity without the express written consent of the Company. Company may assign or transfer this Agreement without the consent of Client and, after such assignment or transfer, Company shall be released from all obligations under this Agreement occurring after such assignment or transfer. All of the provisions of this Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of the parties hereto. This Agreement is for the sole benefit of the parties to this Agreement and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right benefit or remedy of any nature whatsoever under or by reason of this Agreement. Notwithstanding the foregoing, any Company Agent is a third-party beneficiary of this Agreement and has the right to enforce the provisions of this Agreement directly against the Client.
Modification of Agreement. No term of this Agreement can be waived or modified except by a writing signed by both parties. If any provision of this Agreement is deemed not to apply, is illegal, or is against public policy, the remainder of the Agreement’s provisions shall retain their full force and effect.
Entire Agreement. This Agreement, including any addenda or schedules specifically incorporated by reference herein, constitutes the entire agreement between Client and Company.
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