CN-370000-HW683-DC010D.pdf
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- Contract number
- HW683
- Issued by
- Florida
About this file
This is a Task Assignment (TA) under Contract Number HW683 issued by the State of Florida Department of Environmental Protection (FDEP) to Geosyntec Consultants, Inc. for annual groundwater monitoring activities at the Bellair Cleaners property located at 1101-123 Blanding Boulevard, Orange Park, Florida (ERIC Project #4257). The TA is numbered DC010D with a completion date of July 31, 2025. The department project manager is Sarah Aduwa (850-245-8973), and the contractor's project manager is Blaine Dawson (904-450-4271). Todd Kafka serves as the contract manager for Geosyntec.
The contract authorizes Geosyntec to conduct annual natural attenuation monitoring of volatile organic halocarbons (VOHs) consisting of three subtasks: Project Management (Subtask 1), Annual Groundwater Sampling (Subtask 2), and Annual Groundwater Monitoring Report preparation (Subtask 3). Subtask 2 involves collecting 10 groundwater samples from the existing monitoring well network (MW001-MW006, MW010-MW012, and MW016) using conventional sampling methods with peristaltic pump and analyzing for VOHs via EPA Method 8260B. Subtask 3 requires preparation of a comprehensive Annual Groundwater Monitoring Report including field and laboratory data tables, groundwater flow direction figures, statistical analysis using Mann-Kendall methodology, and professional sealing by a Florida-licensed professional geologist. The total TA value is $11,056.33 on a fixed unit rate basis, with 63 labor hours allocated. Payment is structured in two invoices: $6,136.88 due upon submittal of groundwater sampling field notes and IDW manifest on April 11, 2025, and $4,919.45 due upon submittal of the Groundwater Monitoring Report on June 13, 2025. The cost was negotiated down from an initial estimate of $12,547. Direct costs include laboratory analysis ($730), vehicle rental ($240), equipment ($760), and waste disposal services ($220), with overhead applied at 172.70%.
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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.
HW683
DC010D Completion July 31, 2025
This Task Assignment authorizes Geosyntec to conduct Annual Groundwater Monitoring activities at Bellair Cleaners Property in accordance with Geosyntec’s scope of work, cost estimate and schedule received on February 19, 2025.
Sarah Aduwa 850-245-8973 Contractor Geosyntec Contractor
Contractor Blaine Dawson Contractor 904-450-4271
ERIC 4257
1101-123 Blanding Boulevard, Orange Park, Florida
Bellair Cleaners
Contractor Contractor
✔ $ 11,056.33
$ 11,056.33
Scope of Work
Geosyntec Contractor Todd Kafka
Contract Manager
Todd Kafka, P.G. Digitally signed by Todd Kafka, P.G.
Date: 2025.03.17 12:17:22 -04'00'
Mubeen Darji
Mubeen Darji, P.E. Digitally signed by Mubeen Darji, P.E.
Date: 2025.03.14 09:04:23 -04'00'
N/A
Task Assignment Notification/Change Order Deliverables and Invoice Schedule Attachment
WC TAFORM
Contract Number:
Task Assignment #:
Deliverables:
Deliverable Deliverable Due Date
Invoice Schedule:
Requirements for Invoice Submittal Amount to be Invoiced
TOTAL COST
Subtask 2 - Submittal of groundwater sampling field notes and IDW manifest 04/11/2025
Subtask 1, 3 - Submittal of Groundwater Monitoring Report 06/13/2025
Subtask 2 - Submittal of groundwater sampling field notes and IDW manifest $ 6,136.88
Subtask 1, 3 - Submittal of Groundwater Monitoring Report $ 4,919.45
$ 11,056.33
HW683
DC010D
FFLLORIDAA DDEEPARTMENTT OOFF
EEnvironmentall Protection
Bob Martinez Center 2600 Blair Stone Road
Tallahassee, FL 32399-2400
Ronn DeSantis Governor
Alexiss A.. Lambert Secretary
To: HW683 Contract Negotiation File Bellair Cleaners Orange Park, Florida
ERIC_4257
From: Sarah Aduwa, Project Manager Date: March 12, 2025 Subject: Negotiation Summary
HW683_DC010D
This Task Assignment authorizes Geosyntec to conduct Annual Groundwater Monitoring activities at Bellair Cleaners Property in accordance with Geosyntec’s scope of work, cost estimate and schedule received on February 19, 2025. The for this project was successfully negotiated from the initial amount of $12,547 to $11,056.33
Blaine Dawson is the project manager; his hours are directly computed.
Subtask 2 – Annual Groundwater Sampling Geosyntec will collect 10 groundwater samples from the current monitoring well network per the recommendations in the April 2024 GMR. Each of the 10 monitoring wells (MW001 through MW006, MW010 through MW012, and MW016) will be conventionally sampled using a peristaltic pump. The 10 groundwater samples will be analyzed by a fixed-based lab for volatile organic halocarbons (VOHs) by Environmental Protection Agency (EPA) Method 8260B.
Subtask 1, 3– Annual Reporting Geosyntec will prepare an Annual Groundwater Monitoring Report documenting the results of the depth to groundwater measurements and petroleum hydrocarbon concentrations. The report will contain tables summarizing field/laboratory groundwater data, one figure showing groundwater flow direction(s), three groundwater results figures, and a summary of the groundwater monitoring event. Geosyntec will evaluate plume stability using Mann-Kendall statistical analysis, and the report will be signed and sealed by a Florida-licensed professional geologist.
The FDEP Project Manager agrees to the scope of work and final cost associated with this Task assignment. The final cost is $11,056.33 with 63 labor hours.
FDEP COST ESTIMATEContractor: Geosyntec Consultants
Date: 2/19/2025
Task #: SubTask 1 Project Management SubTask 6
Site: Bellair Cleaners SubTask 2 Groundwater Sampling SubTask 7
Activity/Phase: Monitoring SubTask 3 GMR SubTask 8
Project Manager: Blaine Dawson SubTask 4 SubTask 9
SubTask 5 SubTask 10
TTotals 1 2 3 4 5 6 7 8 9 10 Labor Rate Category
$55.53 PProject Manager B. Dawson 6 6.2 $97.11 Principal T. Kafka 1 0 1 0 0 0 0 0 0 0 $55.53 Senior Professional B. Dawson 18 4 14 0 0 0 0 0 0 0 $44.38 Professional C. Saville 4 0 4 0 0 0 0 0 0 0 $40.13 Senior Staff Professiona D. McGill 33 28 5 0 0 0 0 0 0 0 $43.79 Administrative Assistant P. Gallagher 1 0 1 0 0 0 0 0 0 0
Total Hours 63 6 32 25 0 0 0 0 0 0 0
Direct Labor $2,985.74 $343.49 $1,345.76 $1,296.49 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Overhead 172.70% $5,156.38 $593.21 $2,324.13 $2,239.04 $0.00 $0.00 $0.00 $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 0.00% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Labor $8,142.12 $936.70 $3,669.89 $3,535.53 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Cost Estimate Page 1 of 4 Cost Estimate
FDEP COST ESTIMATEContractor: Geosyntec Consultants
Date: 2/19/2025
Task #: SubTask 1 Project Management SubTask 6
Site: Bellair Cleaners SubTask 2 Groundwater Sampling SubTask 7
Activity/Phase: Monitoring SubTask 3 GMR SubTask 8
Project Manager: Blaine Dawson SubTask 4 SubTask 9
SubTask 5 SubTask 10
TTotals 1 2 3 4 5 6 7 8 9 10 Travel
Vehicle Rental $240.00 $240.00 $0.00 $0.00 $0.00 $0.00 $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 $240.00 $240.00 $0.00 $0.00 $0.00 $0.00 $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 $200.00 $200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Utilities $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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Subcontractor Subtotal $200.00 $200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Handling Fee $20.00 $20.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Subcontractor Cost $220.00 $220.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Laboratory Analytical Costs $730.00 $730.00 $0.00 $0.00 $0.00 $0.00 $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 $150.00 $150.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Laboratory $880.00 $880.00 $0.00 $0.00 $0.00 $0.00 $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 $80.00 $80.00 $0.00 $0.00 $0.00 $0.00 $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) $580.00 $580.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Equipment (IDW related) $100.00 $100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Equipment (Other) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Field Expenses $760.00 $760.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Subtotal $10,242.12 $936.70 $5,769.89 $3,535.53 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Completion Fee $814.21 $93.67 $366.99 $353.55 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Total Estimated Cost $11,056.33 $1,030.37 $6,136.88 $3,889.08 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Cost from Prior CEF: Manual Entry Cost from Delta CEF; Manual Entry
Cost (Prior + Delta): $0.00 Auto-Calculated Rounding Error: $11,056.33 Auto-Calculated
Final Total Cost: $11,056.33 Auto-Calculated
Cost Estimate Page 2 of 4 Cost Estimate
LEVEL OF EFFORT/EXPENSE WORKSHEET
SITE : Bellair Cleaners SUBTASK: Groundwater Sampling
DATE: 2/19/2025
LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON
STAFF-TITLE WORK DESCRIPTION HOURS
Senior Professional B. Dawson 4
Senior Staff Professional D. McGill
TOTAL LABOR 32
VEHICLE TYPE RATE UNIT USEAGE
Truck $120.00 Day 2 $240.00 Subtotal $240.00
TOTAL VEHICLE $240.00
SUBCONTRACTOR COSTS
NAME PURPOSE COST
IDW
Hulls $200.00 $200.00
Subtotal $200.00
TOTAL SUB $200.00
LABORATORY COSTS
PARAMETER RATE # SAMPLES #QAQC
VOHs $73.00 10 0 $730.00
Subtotal $730.00 Shipping
Large Cooler (25 to 50 lbs) $150.00 1 $150.00 Subtotal $150.00
TOTAL LAB $880.00
EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS
Analytical Related
Groundwater Sampling Kit $290.00 Day 2 $580.00 Subtotal $580.00
IDW Related Drum $100.00 Drum 1 $100.00
Subtotal $100.00 Expendables
$40.00 Day 2 $80.00 Subtotal $80.00
TOTAL EQUIPMENT $760.00
Property owner notification (1); Evaluating and interpreting field data (1); Prepare field package (1); Prepare and sign IDW manifest (1)
Field preparation (1); Mob 2 days @ 1 hr/day (2); Brush clearing to access southern well cluster (2); Collect DTW measurements (3); Calibration of equipment (0.5 hr/day x 2 day = 1 hr); Sampling 10 monitoring wells @ 1.5 hrs each (15); Sample management/shipping (2); IDW Management (1); Prepare field notes (1)
3/12/2025 Page 3 of 4 Subtask 2
LEVEL OF EFFORT/EXPENSE WORKSHEET
SITE : Bellair Cleaners
SUBTASK: GMR
DATE: 2/19/2025
LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON
STAFF-TITLE WORK DESCRIPTION HOURS
Principal T. Kafka 1
Senior Professional B. Dawson 14
Professional C. Saville 4
Senior Staff Professional D. McGill 5
Administrative Assistant P. Gallagher 1
TOTAL LABOR 25
Report formatting and PDF compilation
Closure strategy assessment
Preparation of Groundwater Monitoring Report
3 GIS figures (groundwater contours, 2 groundwater results figures)
Prepare tables, draft contour figures, assemble appendices (3); Perform Mann-Kendall analysis to evaluate plume stability (2)
3/12/2025 Page 4 of 4 Subtask 3
ERIC_4257 - Bellair Cleaners - Annual Monitoring SOW_2025
1200 Riverplace Boulevard, Suite 710 Jacksonville, Florida 32207
PH 904.858.1818
FAX 904.396.1143
www.geosyntec.com
19 February 2025
Ms. Sarah Aduwa Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, FL 32399-2400
Subject: Annual Groundwater Monitoring
Scope of Work/Level of Effort Bellair Cleaners 1101-123 Blanding Boulevard, Orange Park, Florida
FDEP ERIC ID ERIC_4257
Dear Ms. Aduwa, Geosyntec Consultants, Inc. (Geosyntec) has prepared this scope of work (SOW), Cost Estimate Form (CEF), and Level of Effort (LOE) for annual natural attenuation monitoring (NAM) of volatile organic halocarbons (VOHs) at the Bellair Cleaners Site (Site) located in Orange Park, Florida. The below described monitoring activities were recommended in the April 2024 Annual Groundwater Monitoring Report (GMR).
On 11 January 2024, Geosyntec confirmed that a Site Access Agreement (SAA) was executed with GC Blanding, LLC, on 6 April 2023 as the real property owner of the Bellair Cleaners Site (ERIC_4257) located at the above address. The Clay County property appraiser database indicates the property owner since 8 September 2022 is “GC Blanding, LLC,” and that the property has not changed ownership since then. As a result, Geosyntec believes the current SAA remains in force.
Subtask 1 – Project Management
Subtask 2 – Annual Groundwater Monitoring
Geosyntec will collect 10 groundwater samples from the current monitoring well network per the recommendations in the April 2024 GMR. Depth to water measurements will be collected within a 24-hour period from the monitoring well network. Each of the 10 monitoring wells (MW001 through MW006, MW010 through MW012, and MW016) will be conventionally sampled using a peristaltic pump. The 10 groundwater samples will be analyzed by a fixed-based lab for volatile organic halocarbons (VOHs) by Environmental Protection Agency (EPA) Method 8260B. We
ERIC_4257 - Bellair Cleaners - Annual Monitoring SOW_2025 have estimated the activities can be performed by one senior staff professional over a two-day period.
Purge water generated during sampling activities will be placed in a 55-gallon drum and manifested for off-site disposal. IDW will be staged in the rear of the facility. Historical analytical results indicate the existing non-hazardous IDW groundwater profile with our selected IDW waste hauler Hull’s Environmental Services is applicable. Historical PFAS profiling analytical results have indicated disposal as non-hazardous waste under the existing non-hazardous waste profile.
Bid costs prepared by the waste disposal companies are summarized in the following table and included in Attachment A.
Subtask 3 – Groundwater Monitoring Report
Geosyntec will prepare an Annual Groundwater Monitoring Report documenting the results of the depth to groundwater measurements and VOH concentrations. The report will contain tables summarizing field/laboratory groundwater data, one figure showing groundwater flow direction(s), two figures illustrating the groundwater sampling results, and a summary of the groundwater monitoring event. Geosyntec will evaluate plume stability using Mann-Kendall statistical analysis and the report will be signed and sealed by a Florida-licensed professional geologist. A final signed waste manifest for IDW transport and disposal will also be included in the Groundwater Monitoring Report.
ERIC_4257 - Bellair Cleaners - Annual Monitoring SOW_2025
Invoice and Deliverable Schedule:
Subtask Deliverable Deliverable
Date Invoice Amount
Submittal of groundwater sampling field notes and IDW manifest
11 April
$6,136.88
1, 3 Submittal of Groundwater Monitoring Report 13 June
$4,919.45
Total $11,056.33
As always, it is a pleasure to work with the FDEP. If you require any additional information or have any questions, please contact Blaine Dawson at 904.450.4271.
Sincerely, Blaine Dawson, P.G.
Senior Geologist
Todd K. Kafka, P.G.
Sr. Principal Hydrogeologist
Attachments A – Subcontractor Cost Evaluation and Quotes
J E F F E R S O N A V E N U E
MW002
MW001
MW005
MW003
MW015
MW011
MW014
MW009
MW013
MW016
MW006
MW010
MW012
MW010
MW004
Figure:
MARCH 2024
Groundwater Analytical Results - February 2024 Bellair Cleaners (Sheet 1 of 2)
1101-123 Blanding Blvd Orange Park, FL 32065 Facility ID: 109500594
Jacksonville, FL
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BELLAIR CLEANERS
LEGEND:
ACRONYM CONSTITUENT EXCEEDANCE
CRITERIA
PCE TETRACHLOROETHENE 3 300
TCE TRICHLOROETHENE 3 300
cDCE CIS-1,2-DICHLOROETHENE 70 700
1,1-DCE 1,1-DICHLOROETHENE 7 70
VC VINYL CHLORIDE 1 100
TOC TOTAL ORGANIC CARBON N/A N/A
NOTES:
1. RESULTS ARE REPORTED IN MICROGRAMS PER LITER (μg/L) UNLESS
INDICATED OTHERWISE.
2. NS INDICATES NOT SAMPLED FOR.
3. N/A INDICATES NOT APPLICABLE.
4. YELLOW SHADED CELL AND BOLD FONT INDICATE AN EXCEEDANCE
OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(FDEP) GROUNDWATER CLEANUP TARGET LEVEL (GCTL) PER
CHAPTER 62-777, TABLE I, OF THE FLORIDA ADMINISTRATIVE CODE
(FAC).
5. ORANGE SHADED CELL AND BOLD FONT INDICATE AN EXCEEDANCE
OF THE FDEP NATURAL ATTENUATION DEFAULT CONCENTRATION
(NADC) PER CHAPTER 62-777, TABLE V, OF THE FAC.
6. I INDICATES THE REPORTED VALUE IS BETWEEN THE LABORATORY
METHOD DETECTION LIMIT AND THE LABORATORY PRACTICAL
QUANTITATION LIMIT.
7. U INDICATES THAT THE COMPOUND WAS ANALYZED FOR BUT NOT
DETECTED ABOVE THE PRESENTED VALUE.
8. FT. BLS - FEET BELOW LAND SURFACE.
9. * - SCREEN INTERVAL IS UNKNOWN. TD INDICATES TOTAL DEPTH.
10. ** - DISSOLVED GROUNDWATER VOH EXTENTS ARE GENERALLY
DELINEATED BASED ON RESULTS FROM DPT001, DPT005,DPT006,
DPT007, DPT008, DPT011, DPT023, DPT024, AND DPT 025 (SSAR,
NOVEMBER 2016).
11. J4 INDICATES VALUE IS AN ESTIMATED RESULT.
12. SEE FIGURE 2 FOR REFERENCES.
13. VOH CONCENTRATIONS IN MONITORING WELLS WITH ELEVATED
TURBIDITY MAY BE BIASED LOW DUE TO SORPTION.
MW004 (6'-16')
PCE
2/12/2016 0.36 U
MONITORING WELL ID AND
SCREENED INTERVAL (FT. BLS)
CONSTITUENT ACRONYM
CONSTITUENT SAMPLE RESULT
DATE SAMPLED
APPROXIMATE SITE PARCEL BOUNDARY
0 50' 100'
SCALE IN FEET
MONITORING WELL LOCATION
NADC (SEE NOTE 5)
GCTL (SEE NOTE 4)
DISSOLVED GROUNDWATER VOH EXTENT ABOVE
GCTLs (**) (DASHED WHERE INFERRED)
MATCHLINE (SEE FIGURE 7 FOR CONTINUATION)
MW001 (TD = 18.85') *
DATE PCE TCE cDCE 1,1-DCE VC TOC (mg/L) ETHENE ETHANE METHANE
2/12/2016 0.36 U 0.29 U 0.24 U 0.18 U 0.20 U NA NS NS NS
2/17/2017 1.5 0.29 U 0.24 U 0.18 U 0.20 U 8.3 NS NS NS
6/2/2017 0.36 U 0.29 U 7.3 0.18 U 0.20 U 7.0 NS NS NS
9/14/2017 0.56 I 0.29 U 1.5 0.18 U 0.45 I 110 NS NS NS
12/4/2017 0.72 U 0.58 U 0.48 U 0.36 U 0.40 U 200 NS NS NS
3/5/2018 0.36 U 0.29 U 0.24 U 0.18 U 0.20 U 78 NS NS NS
9/6/2018 0.36 U 0.29 U 0.24 U 0.18 U 0.20 U 220 2.0 U 2.0 U 247
3/11/2019 0.36 U 3.6 2.6 0.18 U 0.20 U 140 2.0 U 2.0 U 414
3/23/2020 11 J4 43 J4 7.4 J4 0.18 U,J4 0.20 U,J4 NS NS NS NS
4/6/2021 4.1 26 9.1 0.50 U 1.1 NS NS NS NS
4/19/2022 2.2 25 6.8 0.50 U 0.77 I NS NS NS NS
4/12/2023 0.35 I 12 9.7 0.50 U 1.6 NS NS NS NS
2/27/2024 0.25 U 3.4 12 0.50 U 3.3 NS NS NS NS
MW002 (5'-10')
DATE PCE TCE cDCE 1,1-DCE VC TOC (mg/L) ETHENE ETHANE METHANE
2/12/2016 0.72 U 0.58 U 1.2 I 0.36 U 2.3 NS NS NS NS
2/17/2017 0.36 U 0.29 U 1.4 0.18 U 1.4 30 NS NS NS
6/2/2017 0.36 U 0.29 U 5.5 0.18 U 0.20 U 330 NS NS NS
9/14/2017 0.36 U 0.29 U 3.2 0.18 U 0.73 I 34 NS NS NS
12/4/2017 0.72 U 0.58 U 2.8 0.36 U 0.40 U 0.25 U NS NS NS
3/5/2018 1.1 U 0.87 U 4.7 I 0.54 U 0.60 U 34 NS NS NS
9/6/2018 0.72 U 0.58 U 3.9 0.36 U 0.40 U 25 2.0 U 2.0 U 5,290
3/11/2019 0.72 U 0.58 U 4.2 0.36 U 0.88 I 29 2.0 U 2.0 U 1060
3/23/2020 0.72 U 0.92 I 1.2 I 0.36 U 0.40 U NS NS NS NS
4/5/2021 0.50 U 0.50 U 3.1 I 1.0 U 1.1 U NS NS NS NS
4/19/2022 0.25 U 0.25 U 3.3 0.50 U 1.3 NS NS NS NS
4/11/2023 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS NS
2/26/2024 0.25 U 0.25 U 0.89 I 0.50 U 0.58 I NS NS NS NS
MW004 (6'-16')
DATE PCE TCE cDCE 1,1-DCE VC TOC (mg/L) ETHENE ETHANE METHANE
2/12/2016 150 130 220 1.2 I 33 NS NS NS NS
2/17/2017 200 240 170 1.8 43 14 NS NS NS
6/2/2017 240 290 280 3.6 70 18 NS NS NS
9/14/2017 190 340 510 7.9 120 40 NS NS NS
12/4/2017 190 340 590 10 160 210 NS NS NS
3/5/2018 170 520 1,200 18 I 300 34 NS NS NS
9/6/2018 190 750 1,300 21 340 100 2.0 U 33 1,660 3/12/2019 190 770 1,100 17 330 120 2.0 U 18.8 812
3/23/2020 150 470 930 12 240 NS NS NS NS
4/6/2021 110 320 650 8.2 I 140 NS NS NS NS
4/20/2022 66 170 450 0.50 U 100 NS NS NS NS
4/11/2023 35 130 260 1.5 U 67 NS NS NS NS
2/27/2024 31 95 150 0.50 U 49 NS NS NS NS
MW005 (6'-16')
DATE PCE TCE cDCE 1,1-DCE VC ETHENE ETHANE METHANE
2/12/2016 0.72 U 0.58 U 1.5 I 0.36 U 16 NS NS NS
2/16/2017 0.36 U 0.29 U 1.4 0.18 U 12 NS NS NS
3/5/2018 0.36 U 0.29 U 12 0.18 U 60 NS NS NS
3/11/2019 0.36 U 0.29 U 5.2 0.18 U 22 2.0 U,J4 5.16 J4 1,090
3/23/2020 0.36 U 1.6 45 2.0 47 NS NS NS
4/6/2021 32 190 310 8.7 95 NS NS NS
4/20/2022 0.25 U 0.46 I 6.8 0.50 U 22 NS NS NS
4/12/2023 0.25 U 0.25 U 9.3 0.50 U 18 NS NS NS
2/27/2024 0.25 U 1.4 19 0.50 U 19 NS NS NS
MW006 (4'-9')
DATE PCE TCE cDCE 1,1-DCE VC ETHENE ETHANE METHANE
2/12/2016 0.72 U 0.58 U 2.7 0.36 U 8.2 NS NS NS
2/16/2017 0.36 U 0.29 U 0.80 I 0.18 U 3.4 NS NS NS
3/5/2018 0.36 U 0.29 U 0.24 U 0.18 U 5.0 NS NS NS
3/11/2019 0.36 U 0.29 U 0.24 U 0.18 U 2.7 2.0 U 2.61 64.2
3/24/2020 1.4 U 1.2 U 2.8 I 0.72 U 0.80 U NS NS NS
4/9/2021 0.25 U 0.25 U 1.9 I 0.25 U 6.3 NS NS NS
4/19/2022 0.75 U 0.75 U 1.5 U 1.5 U 2.6 I NS NS NS
4/12/2023 1.2 U 1.2 U 2.5 U 2.5 U 2.8 I NS NS NS
2/26/2024 0.75 U 0.75 U 1.5 U 1.5 U 3.1 NS NS NS
MW003 (41'-51')
DATE PCE TCE cDCE 1,1-DCE VC ETHENE ETHANE METHANE
2/12/2016 0.72 U 0.58 U 0.48 U 0.36 U 0.40 U NS NS NS
2/16/2017 0.36 U 0.29 U 0.24 U 0.18 U 0.20 U NS NS NS
3/5/2018 0.36 U 0.29 U 0.24 U 0.18 U 0.20 U NS NS NS
3/12/2019 0.36 U 0.29 U 0.24 U 0.18 U 0.20 U 2.0 U 2.0 U 63.8
3/23/2020 0.36 U 0.29 U 0.24 U 0.18 U 0.20 U NS NS NS
4/6/2021 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
4/20/2022 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
4/11/2023 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
2/28/2024 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
MW009 (17'-22')
DATE PCE TCE cDCE 1,1-DCE VC ETHENE ETHANE METHANE
5/7/2019 0.72 U 0.58 U 0.48 U 0.36 U 0.40 U 2.16 2.0 U 104
3/24/2020 0.36 U 0.29 U 0.24 U 0.18 U 0.20 U NS NS NS
4/9/2021 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
4/19/2022 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
4/12/2022 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
4/12/2023 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
2/26/2024 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
MW010 (11'-16')
DATE PCE TCE cDCE 1,1-DCE VC ETHENE ETHANE METHANE
5/7/2019 0.72 U 0.58 U 9.1 0.36 U 8.0 4.70 4.31 313
3/23/2020 0.36 U 0.47 I 8.4 0.18 U 12 NS NS NS
4/6/2021 0.25 U 0.25 U 10 0.50 U 12 NS NS NS
4/20/2022 0.25 U 0.77 I 11 0.50 U 10 NS NS NS
4/12/2023 1.2 U 1.2 U 12 2.5 U 9.2 NS NS NS
2/27/2024 0.25 U 1.0 16 0.50 U 14 NS NS NS
MW011 (14'-19')
DATE PCE TCE cDCE 1,1-DCE VC ETHENE ETHANE METHANE
5/7/2019 0.72 U 2.5 I 7.1 0.36 U 0.40 U 3.72 2.97 1,150
3/23/2020 0.69 I 9.5 39 0.64 I 8.2 NS NS NS
4/6/2021 0.89 I 3.3 29 0.50 U 12 NS NS NS
4/20/2022 0.75 U 2.6 I 16 1.5 U 7.0 NS NS NS
4/12/2023 0.69 I 1.8 13 0.50 U 6.7 NS NS NS
2/27/2024 0.75 U 0.75 U 15 1.50 U 7.3 NS NS NS
MW012 (12'-17')
DATE PCE TCE cDCE 1,1-DCE VC ETHENE ETHANE METHANE
5/7/2019 9.0 27 36 0.36 U 0.40 U 4.38 3.34 25.2
3/23/2020 1.4 3.6 5.5 0.18 U 1.7 NS NS NS
4/6/2021 0.25 U 2.6 5.2 0.50 U 0.75 I NS NS NS
4/20/2022 0.25 U 1.2 2.1 0.50 U 0.27 I NS NS NS
4/12/2023 0.25 U 0.77 I 2.3 0.50 U 0.25 U NS NS NS
2/27/2024 0.25 U 0.77 I 2.3 0.50 U 0.25 U NS NS NS
MW013 (35'-40')
DATE PCE TCE cDCE 1,1-DCE VC ETHENE ETHANE METHANE
5/7/2019 0.72 U 0.58 U 0.48 U 0.36 U 0.40 U 4.89 3.15 59.7
3/24/2020 0.36 U 0.29 U 0.24 U 0.18 U 0.20 U NS NS NS
4/9/2021 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
4/19/2022 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
4/12/2023 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
2/27/2024 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
MW014 (14'-19')
DATE PCE TCE cDCE 1,1-DCE VC ETHENE ETHANE METHANE
3/23/2020 0.72 U 0.58 U 0.48 U 0.36 U 0.40 U NS NS NS
4/6/2021 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
4/20/2022 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
4/12/2023 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
2/28/2024 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
MW015 (13'-18')
DATE PCE TCE cDCE 1,1-DCE VC ETHENE ETHANE METHANE
3/23/2020 0.36 U 0.29 U 0.24 U 0.18 U 0.20 U NS NS NS
4/6/2021 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
4/19/2022 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
4/12/2023 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
2/28/2024 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
MW016 (4'-9')
DATE PCE TCE cDCE 1,1-DCE VC ETHENE ETHANE METHANE
3/24/2020 0.72 U 0.58 U 2.0 I 0.36 U 2.2 NS NS NS
4/5/2021 0.25 U 0.25 U 2.8 0.50 U 3.0 NS NS NS
4/19/2021 0.75 U 0.75 U 1.7 I 1.5 U 1.6 I NS NS NS
4/12/2023 0.25 U 0.25 U 1.9 I 0.50 U 1.8 NS NS NS
2/26/2024 0.25 U 0.25 U 1.4 I 0.50 U 1.4 NS NS NS
MW007
MW008
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Figure:
APRIL 2024
Groundwater Analytical Results - February 2024 Bellair Cleaners (Sheet 2 of 2)
1101-123 Blanding Blvd Orange Park, FL 32065 Facility ID: 109500594
Jacksonville, FL
N
LEGEND:
NOTES:
1. RESULTS ARE REPORTED IN MICROGRAMS PER LITER (μg/L) UNLESS
INDICATED OTHERWISE.
2. NS INDICATES NOT SAMPLED FOR.
3. N/A INDICATES NOT APPLICABLE.
4. YELLOW SHADED CELL AND BOLD FONT INDICATE AN EXCEEDANCE
OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(FDEP) GROUNDWATER CLEANUP TARGET LEVEL (GCTL) PER
CHAPTER 62-777, TABLE I, OF THE FLORIDA ADMINISTRATIVE CODE
(FAC).
5. ORANGE SHADED CELL AND BOLD FONT INDICATE AN EXCEEDANCE
OF THE FDEP NATURAL ATTENUATION DEFAULT CONCENTRATION
(NADC) PER CHAPTER 62-777, TABLE V, OF THE FAC.
6. I INDICATES THE REPORTED VALUE IS BETWEEN THE LABORATORY
METHOD DETECTION LIMIT AND THE LABORATORY PRACTICAL
QUANTITATION LIMIT.
7. U INDICATES THAT THE COMPOUND WAS ANALYZED FOR BUT NOT
DETECTED ABOVE THE PRESENTED VALUE.
8. FT. BLS - FEET BELOW LAND SURFACE.
9. ** - DISSOLVED GROUNDWATER VOH EXTENTS ARE GENERALLY
DELINEATED BASED ON RESULTS FROM DPT001, DPT005,DPT006,
DPT007, DPT008, DPT011, DPT023, DPT024, AND DPT 025 (SSAR,
NOVEMBER 2016).
10. SEE FIGURE 2 FOR REFERENCES.
11. VOH CONCENTRATIONS IN MONITORING WELLS WITH ELEVATED
TURBIDITY MAY BE BIASED LOW DUE TO SORPTION.
MW004 (6'-16')
PCE
2/12/2016 0.36 U
MONITORING WELL ID AND
SCREENED INTERVAL (FT. BLS)
CONSTITUENT ACRONYM
CONSTITUENT SAMPLE RESULT
DATE SAMPLED
APPROXIMATE SITE PARCEL BOUNDARY
0 50' 100'
SCALE IN FEET
MONITORING WELL LOCATION
DISSOLVED GROUNDWATER VOH EXTENT ABOVE
GCTLs (**) (DASHED WHERE INFERRED)
MATCHLINE (SEE FIGURE 6 FOR CONTINUATION)
MW007 (9'-19')
DATE PCE TCE cDCE 1,1-DCE VC ETHENE ETHANE METHANE
7/20/2017 0.72 U 0.58 U 0.48 U 0.36 U 0.40 U NS NS NS
3/11/2019 0.36 U 0.29 U 0.24 U 0.18 U 0.20 U 2.0 U 2.0 U 1,180
3/24/2020 0.36 U 0.29 U 0.24 U 0.18 U 0.20 U NS NS NS
4/9/2021 0.25 U 0.25 U 0.53 I 0.50 U 0.25 U NS NS NS
4/20/2022 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
4/11/2023 1.2 U 1.2U 2.5 U 2.5 U 1.2 U NS NS NS
2/27/2024 0.25 U 0.25U 0.50 U 0.50 U 0.25 U NS NS NS
MW008 (24'-29')
DATE PCE TCE cDCE 1,1-DCE VC ETHENE ETHANE METHANE
7/20/2017 0.72 U 0.58 U 0.48 U 0.36 U 0.40 U NS NS NS
3/11/2019 0.36 U 0.29 U 0.24 U 0.18 U 0.20 U 2.0 U 2.0 U 255
3/24/2020 0.36 U 0.29 U 0.24 U 0.18 U 0.20 U NS NS NS
4/9/2021 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
4/20/2022 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
4/11/2023 0.25 U 0.25 U 0.50 U 0.50 U 0.25 U NS NS NS
2/27/2024 0.72 U 0.58 U 0.48 U 0.44 U 0.25 U NS NS NS
ACRONYM CONSTITUENT EXCEEDANCE
CRITERIA
PCE TETRACHLOROETHENE 3 300
TCE TRICHLOROETHENE 3 300
cDCE CIS-1,2-DICHLOROETHENE 70 700
1,1-DCE 1,1-DICHLOROETHENE 7 70
VC VINYL CHLORIDE 1 100
TOC TOTAL ORGANIC CARBON N/A N/A
NADC (SEE NOTE 5)
GCTL (SEE NOTE 4)
1 Drum $200 1 Profile Fee (PFAS) $350 1 Drum $105 1 Drum $195 1 Transportation $425
Note: The selected subcontractor is highlighted in yellow.
Subcontractor Evaluation: Cleaners, , Florida
WRI/Moran
$200.00 $545.00 $530.00
IDW DISPOSAL
Hulls Erwin Remedation
Solids Northeast Region Northwest Region Central Region Southwest Region* T&D, Drum, 55-Gal, Non-Hazardous, IDW $200.00 $695.00 $200.00 $250.00 T&D, Drum, 55-Gal, Hazardous, IDW T&D, Drum, 55-Gal, PFAS, IDW case by case; call for quote $1,100.00 $1,200.00 Liquids (<3% solids) Northeast Region Northwest Region Central Region Southwest Region* T&D, Drum, 55-Gal, Non-Hazardous, IDW $200.00 $200.00 $200.00 $250.00 T&D, Drum, 55-Gal, Hazardous, IDW T&D, Drum, 55-Gal, PFAS, IDW case by case; call for quote $1,200.00 $1,100.00 $1,200.00
Additional Fees <30 Miles 30-50 Miles >50 Miles Transportation (from portal to p/u site) 0 $50 $100
Policies
Jacksonville, FL Larry Hall 4850 Collins Ave, Jacksonville, FL 32244 904-379-3465 Tampa, FL Mike Bevacqua 4390 28th St N, St. Petersburg, FL 33714 727-610-2080 Winter Haven, FL Ben Skidmore 548 E Bridgers Ave, Auburndale, FL 33823 863-213-3996 Panama City, FL Jesse Hixson 1810 Industrial Dr, Panama City, FL 32405 850-571-3124
FDEP PRP / Drycleaner T&D Rates 2024 case by case; call for quote case by case; call for quote
LOCATIONS
Typically waste profiles < 1 year can be utilized. However, this is NOT always the case. Hull's will notify ATC in the event a newer profile is needed.
All Regions
408 Ditmar Street
Pensacola, FL 32503
ErwinRemediation@Gmail.com - P.O. Box 884 Gulf Breeze, FL 32562 (850) 292-6511
To: Ms. Maria Lemes Geosyntec Consultants, Inc.
19321 US Highway 19 North Clearwater, FL 33764
December 16, 2024
Re: Non-Hazardous Drum Disposal of PFOS/PFAS Impacted Materials
Ms. Lemes:
The price for the transportation and disposal (T&D) of 55-gallon drums of non-hazardous soil, mud, and water is listed below:
Impacted with Non-Hazardous Petroleum or Chlorinated Solvents:
Description Rate Unit T&D - Non-Haz Soil $ 110.00 Per Drum T&D - Non-Haz Mud/Water $ 125.00 Per Drum
Impacted with Non-Hazardous PFAS/PFOS:
Description Rate Unit Profile Fee (Charged once per site) $ 350.00 Per Site T&D - Non-Haz PFOS/PFAS Impacted Soil $ 195.00 Per Drum T&D - Non-Haz PFOS/PFAS Impacted Mud/Water $ 195.00 Per Drum
Dry cleaning sites will require 8260-VOH lab analysis and PFAS sites will require the full FDEP lab analysis for IDW waste characterization.
This quote is valid for 120 days.
Respectfully, Jonathan Erwin Erwin Remediation, Inc.
Email: ErwinRemediation@Gmail.com Office: (850) 292-6511
Proposal No.
Date
: 2 -AK0
: /3 /202
PROPOSAL & SHORT FORM AGREEMENT FOR WASTE DISPOSAL SERVICES
Additional Terms:
Drums must be labeled, securely closed and free of leaks.
All Services subject to a minimum charge of $195 Standby to be charged at an additional $145/hr Water treatment loads containing equal to or greater than 2% solids will be assessed a solids surcharge of $0.68/gallon, applies to the solids portion of the load only.
Payment Terms: [NET 30 Days] In addition to the charges above, Customer shall reimburse Water Recovery for any tariff, permit or approval fees, tax surcharges or sales, or use or any other applicable fees related to the performance of the Services.
Proposal is based upon accuracy of information provided by Customer; any changes to the waste stream data or site conditions may result in additional charges.
Prior to commencement of Services, Water Recovery must receive and approve of the Customer’s Non- Hazardous Waste Stream Profile and inventory (if applicable).
This Proposal, the attached General Terms and Conditions, and any documentation referenced above shall constitute the entire agreement between Water Recovery and Customer with respect to the waste handling, transportation, and/or disposal of the waste identified above. By signing below, the undersigned represents his/her authority to bind Customer and generator (if different than Customer) to the terms and conditions herein. Water Recovery may withdraw this Proposal prior to acceptance, at any time.
Dated this 3 day of , 202 .
WATER RECOVERY CUSTOMER
(Signature)
(Signature)
WATER RECOVERY CUSTOMER
Company : Water Recovery, LLC Company :
Contact : Amanda Kimball Contact :
Street : 1819 Albert St. Street :
City, State, Zip : Jacksonville, FL 32202 City, State, Zip :
Phone : 904-475-9320 Phone :
E-mail : akimball@wrijax.com E-mail :
Geosyntec Consultants
Blvd.
FL
@geosyntec.com
WASTE AND SERVICES INFORMATION
Generator : Various (as manifested) Waste Description : Non-hazardous industrial waste Waste Location : Various (as manifested) Anticipated Volume : Various Anticipated Frequency : As Needed Disposal Quote : Water Treatment – Non-hazardous waste - $0.18/gallon
Solidification – Non-hazardous waste - $0.68/gallon Non-hazardous drum disposal - $105/drum PFAS – Rate varies, please call for quote
Transportation : Local (Jacksonville)- $425/load, plus fuel surcharge (currently 8.5%) Brunswick, GA- $595/load, plus fuel surcharge (currently 8.5%) Orlando/Titusville, FL- $1,025/load, plus fuel surcharge (currently 8.5%)
Description of Services : Transportation and disposal of non-hazardous waste.
Documentation : Proposal No.: 2 -AK0 and General Terms and Conditions
Printed Name/Title
Printed Name/Title
GENERAL TERMS AND CONDITIONS
1. Agreement. These General Terms and Conditions and attached Proposal (including any documentation referenced therein) shall, together, form the “Agreement” for which Water Recovery agrees to provide waste disposal, handling, transportation, and/or management services identified on the attached Proposal (the “Services”) for Customer’s waste identified on the Proposal and any applicable waste profile form(s) submitted by Customer and approved by Water Recovery (“Waste Profile”). Performance of the Services shall be contingent upon execution of this Agreement and Customer providing and Water Recovery approving Customer’s Waste Profile in writing.
2. Nonconforming Waste. Any waste, substance, and/or material tendered or delivered by Customer to Water Recovery (in any manner) that is not in strict conformance with the description or information on the applicable Waste Profile, as well as any substance or waste considered hazardous under any applicable federal, state, or local statute, regulation, or ordinance or by any governing agency, shall be deemed “Nonconforming Waste”.
3. Customer Warranties. Customer hereby represents and warrants the following: (i) the wasted tendered to or received by Water Recovery pursuant to this Agreement is not considered Nonconforming Waste; (ii) Customer and its subcontractors (of any tier), shall comply with all applicable laws, ordinances, regulations, orders, permits, or other legal requirements applicable to this Agreement related to Customer’s operations and handling or management of the waste; and (ii) if executing this Agreement on behalf of another party (including but not limited to the generator of the waste) Customer represents and warrants that it has authority to bind the other party to the terms and conditions of this Agreement and if not, shall remain responsible to Water Recovery for the same.
4. Water Recovery Warranties. Water Recovery represents and warrants that it will perform the Services in a safe and workmanlike manner, consistent with reasonable industry standards, and in accordance with all applicable federal, state, and local laws, ordinances, orders, rules, and regulations.
5. Term of Agreement. This Agreement shall commence upon the effective date indicated on the Proposal and shall terminate upon the completion of Services unless otherwise terminated earlier by Water Recovery. Water Recovery may terminate this Agreement for convenience by providing Customer with thirty (30) days written notice or immediately in the event Customer is in material breach of this Agreement which shall include but not be limited to: (i) Customer’s failure to timely pay any amounts owed to Water Recovery; (ii) any actual or alleged violation of any applicable federal, state, or local statute, regulation, ordinance, permit, or regulatory agency directive by Customer, its subcontractors (of any tier), or any entity or personnel whom Customer is responsible for; (iii) any attempt to or actual tender of Nonconforming Waste to Water Recovery (in any manner whatsoever); and (iv) any breach of Section 9 below.
6. Inspection/Rejection of Waste. Title to and liability of the waste shall remain with Customer and/or the generator at all times. Water Recovery shall have the right to inspect, analyze, or test the waste and if, in Water Recovery’s sole discretion, it is deemed Nonconforming Waste, Water Recovery may choose to any of the following at Customer’s sole cost and expense: (i) reject and return the waste to Customer; (ii) require Customer to remove and dispose of the Nonconforming Waste; (iii) elect to handle the Nonconforming Waste as described in Section 7 below; (iv) or any other course of action deemed necessary to comply with applicable federal, state, or local statutes, laws, regulations, ordinances, permits, or regulatory agency directives, guidance, or orders. Customer shall be responsible for any additional costs, charges, expenses, or fees arising from Water Recovery’s choice with respect to the Nonconfirming Waste as set forth herein.
7. Special Handling; Nonconforming Waste. If Water Recovery elects to handle any Nonconforming Waste, Water Recovery shall have the right to manage the same in a manner deemed appropriate by Water Recovery and Customer shall be responsible for any and all related additional expenses as set forth in Section 6 above.
8. Indemnification. To the fullest extent allowable by law, the parties shall be responsible for the following allocations of liability:
a. Water Recovery. Water Recovery shall defend, indemnify, and hold harmless Customer from and against any and all claims, liabilities, penalties/fines, costs, and expenses (including reasonable attorneys’ fees) (“Claims”) arising from or related to the Services performed under this Agreement and to the extent caused by Water Recovery’s applicable fault including but not limited to negligence, strict liability, breach of its warranty obligations in Section 4 above, or any other legal theory of liability attributable to Water Recovery, provided that Water Recovery’s indemnification obligations will not apply to occurrences involving Nonconforming Waste.
b. Customer. Customer shall defend, indemnify, and hold harmless Water Recovery and its parent, subsidiary, and affiliated companies, and their respective directors, officers, employees, and agents (“Water Recovery Indemnitees”) from and against any and all Claims arising from or related to this Agreement or the Services provided hereunder and to the extent caused by Customer’s applicable fault including but not limited to negligence, strict liability, breach of this Agreement (including Section 3 above), or any other legal theory of liability attributable to Customer or its other subcontractors of any tier in the performance of this Agreement.
c. Waiver of Immunity. In furtherance of the foregoing indemnity obligations, Customer and Water Recovery agree to waive any immunity afforded to it under workers compensation or similar law.
9. Facility Access. Customer’s access to Water Recovery’s facility shall be limited to the sole purpose of off-loading waste in the manner directed by Water Recovery. Customer and its subcontractors (of any tier) shall comply with all rules of the facility and directions given by Water Recovery personnel. Water Recovery may revoke or deny Customer (or its subcontractors of any tier) access to the facility in the event Customer, or its subcontractors (of any tier), fail to follow any such directives, rules, or regulations, and Water Recovery shall not be responsible for any expenses related to such removal.
10. Charges and Payments. Payment to Water Recovery shall be deemed earned as Services are performed and Customer shall make payment to Water Recovery without offset or deduction the earlier of: (i) the payment term indicated on the Proposal or (ii) if no payment term is expressly indicated, within net thirty (30) days upon receipt of Water Recovery’s invoice. Late payments shall earn interest at the rate of 1.5% per month, or the maximum amount permitted by law, whichever is less. Customer shall be responsible for and shall reimburse Water Recovery for any and all costs and expenses (including attorney’s fees) incurred for collections of payments overdue.
11. Consequential Damages. Neither party shall be responsible for any consequential, incidental, punitive, or special damages whatsoever (including but not limited to, business interruption, extra expense, loss of use of any property, or delay) arising out of or relating to the Services and/or this Agreement, howsoever caused and regardless of whether the same results from the negligence of a party, or otherwise and even if the possibility of such was or could have been foreseeable.
Force Majuere. Except for the obligation to make payments hereunder, neither party shall be in default for its failure to perform or delay in performance caused by events beyond its reasonable control, including, but not limited to, strikes, riots, imposition of laws or governmental orders, fires, acts of God, and inability to obtain equipment, and the affected party shall be excused from performance during the occurrence of such events
12. Counterparts and Facsimile Signatures. This Agreement may be executed in two or more counterparts, each of which will be deemed an original and all of which together will constitute the same agreement. Facsimile or email signatures and/or acknowledgement and acceptance shall be considered valid.
13. Severability. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. If any provision is invalid, in whole or in part, the balance of the provisions shall be considered reformed to reflect the intent of the parties to the greatest extent possible consistent with applicable law.
Governing Law, Venue and Legal Fees. The interpretation and performance of this Agreement shall be governed by the laws of the state of Florida which the Services are performed and any litigation or dispute arising in connection with this Agreement shall be settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules, and judgment on the award entered by the arbitrator(s) may be entered into any court having jurisdiction thereof. The substantially prevailing party shall be entitled to its legal fees and costs with respect to any litigation or dispute arising pursuant to this Agreement.
14. Entire Agreement, Neutral Construction and Headings. This Agreement constitutes the entire agreement between the parties and expressly supersedes and negates any prior or contemporaneous agreements, whether written or oral. This Agreement may not be modified or amended except by a writing signed by both parties. The parties agree that each has had the opportunity to review the terms of this Agreement and to request any desired changes or clarifications and this Agreement shall be construed neutrally, and as the commemoration of the mutual assent of both parties, rather than for or against either party. The title of this Agreement and headings used herein are for reference only and shall not be construed to give any substantive meaning.
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