CN-370000-HW683-DC044A.pdf
PDF 2 MB Posted
- Contract number
- HW683
- Issued by
- Florida
About this file
This is a Task Assignment (TA) document under Contract Number HW683 between the State of Florida Department of Environmental Protection (FDEP) and Geosyntec Consultants for groundwater sampling services at the Former RIPS Quality Cleaners site located at 304 East Michigan Street, Orlando, Orange County, Florida (Project Number ERIC_5065). The Task Assignment number is DC044A with a completion date of May 31, 2024. The FDEP Project Manager is Brittany Plyler, and the Contractor's Project Manager is Melissa Shook. Todd Kafka serves as the Contract Manager for Geosyntec.
The contract authorizes Geosyntec to conduct groundwater sampling activities comprising three subtasks: Subtask 1 covers project management labor calculated at 13% of direct labor costs; Subtask 2 includes obtaining a site access agreement, completing an annual groundwater monitoring event involving depth-to-groundwater measurements from 14 monitoring wells and groundwater sampling from four wells (MW040, MW044, MW046, and MW047) analyzed for volatile organic halocarbon compounds via EPA Method 8260B, and investigative derived waste (IDW) transportation and disposal through Erwin Remediation; and Subtask 3 involves preparation of a report documenting monitoring results. The total Task Assignment value is $7,042.61 on a fixed unit rate basis. The cost estimate breaks down as follows: Subtask 1 at $686.79, Subtask 2 at $3,319.35, and Subtask 3 at $3,036.47. Deliverables include submittal of a site access agreement, groundwater monitoring report, and IDW manifest by December 29, 2023, with invoice payment of the full amount due upon FDEP approval of these deliverables.
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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.
HW683
DC044A Completion May 31, 2024
This Task Assignment authorizes Geosyntec to conduct Groundwater Sampling in accordance with the Geosyntec scope of work, cost estimate, and schedule received on October 6, 2023.
Brittany Plyler 850-245-8851 Contractor Contractor
Contractor Contractor
Contractor Contractor
Contractor
Geosyntec
Geosyntec
Melissa Shook 321-914-9394
ERIC_5065
304 East Michigan Street, Orlando, Orange County, Florida
Former RIPS Quality Cleaners
✔ $ 7,042.61
$ 7,042.61
Scope of Work
Todd Kafka
Contract Manager
Todd Kafka, P.G. Digitally signed by Todd Kafka, P.G.
Date: 2023.10.11 07:05:46 -04'00'
Kelly Crain
Kelly Crain Digitally signed by Kelly Crain Date: 2023.10.10 13:04:24 -04'00'
N/A
Murphy_SL Highlight
Murphy_SL Highlight
Murphy_SL Highlight
Murphy_SL Highlight
Murphy_SL Highlight
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
Subtask 1, 2, 3: Submittal of Site Access Agreement, Groundwater Monitoring Report, and IDW Manifest; PM 12/29/2023
Subtask 1, 2, 3: Submittal and FDEP Approval of the Site Access Agreement, Groundwater Monitoring Report, and IDW Manifest; PM $ 7,042.61
$ 7,042.61
HW683
DC044A
FLORIDA DEPARTMENT OF
Environmental Protection
Bob Martinez Center 2600 Blair Stone Road
Tallahassee, FL 32399-2400
Ron DeSantis Governor
Jeanette Nuñez Lt. Governor
Shawn Hamilton Secretary
To: HW683 Contract Negotiation File Former RIPS Quality Cleaners Orange County, Florida
ERIC_5065
From: Brittany Plyler, Project Manager Date: October 9, 2023 Subject: Negotiation Summary
HW683_DC044A
This Task Assignment authorizes Geosyntec to conduct Groundwater Sampling in accordance with the Geosyntec scope of work, cost estimate, and schedule received on October 6, 2023.
Geosyntec confirmed on October 6, 2023, that Subtask 1 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: This subtask includes costs to obtain a new site access agreement. Costs also include the completion of an annual groundwater monitoring event. Geosyntec will collect depth to groundwater measurements from 14 monitoring wells, and groundwater samples from four monitoring wells (MW040, MW044, MW046, and MW047. These samples will be sampled for VOHs.
Costs also include IDW by Erwin Remediation.
Subtask 3: Geosyntec will prepare a report documenting the results of the annual groundwater monitoring event.
The FDEP Project Manager agrees to the scope of work and final cost associated with this Task Assignment. The final cost is $7,042.61 with 50 labor hours.
Printed on recycled paper.
FDEP COST ESTIMATEContractor: Geosyntec Consultants
Date: 9/27/2023
Task #: DC012I SubTask 1 Project Management SubTask 6
Site: Former RIPS Quality Cle SubTask 2 GW Sampling/IDW Management SubTask 7
Activity/Phase: 2023 NAM SubTask 3 2023 NAM Report Preparation SubTask 8
Project Manager: M. Shook SubTask 4 SubTask 9
SubTask 5 SubTask 10
Totals 1 2 3 4 5 6 7 8 9 10 Labor Rate Category
$38.22 Project Manager M. Shook 6 6.0 $86.54 Principal T. Kafka 2 0 2 0 0 0 0 0 0 0 $51.44 Project Professional M. Hensley 4 0 4 0 0 0 0 0 0 0 $38.22 Senior Staff Professiona M. Shook 19 7 12 0 0 0 0 0 0 0 $34.38 Senior Staff Professiona L. Haverlin 18 14 4 0 0 0 0 0 0 0 $37.26 Administrative Assistant P. Gallagher 1 0 1 0 0 0 0 0 0 0
Total Hours 50 6 21 23 0 0 0 0 0 0 0
Direct Labor $1,990.07 $228.95 $748.86 $1,012.26 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Overhead 172.70% $3,436.85 $395.40 $1,293.28 $1,748.17 $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 $5,426.92 $624.35 $2,042.14 $2,760.43 $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: 9/27/2023
Task #: DC012I SubTask 1 Project Management SubTask 6
Site: Former RIPS Quality Cle SubTask 2 GW Sampling/IDW Management SubTask 7
Activity/Phase: 2023 NAM SubTask 3 2023 NAM Report Preparation SubTask 8
Project Manager: M. Shook SubTask 4 SubTask 9
SubTask 5 SubTask 10
Totals 1 2 3 4 5 6 7 8 9 10 Travel
Vehicle Rental $120.00 $120.00 $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 $120.00 $120.00 $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 $110.00 $110.00 $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 $110.00 $110.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Handling Fee $11.00 $11.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Subcontractor Cost $121.00 $121.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Laboratory Analytical Costs $292.00 $292.00 $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 $110.00 $110.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Laboratory $402.00 $402.00 $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 $40.00 $40.00 $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) $290.00 $290.00 $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 $430.00 $430.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Subtotal $6,499.92 $624.35 $3,115.14 $2,760.43 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Completion Fee $542.69 $62.44 $204.21 $276.04 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Total Estimated Cost $7,042.61 $686.79 $3,319.35 $3,036.47 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Cost Estimate Page 2 of 4 Cost Estimate
LEVEL OF EFFORT/EXPENSE WORKSHEET
SITE : Former RIPS Quality Cleaners SUBTASK: GW Sampling/IDW Management
DATE: 9/27/2023
LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON
STAFF-TITLE WORK DESCRIPTION HOURS
Senior Staff Professional M. Shook 7
Senior Staff Professional
L. Haverlin 14
TOTAL LABOR 21
VEHICLE TYPE RATE UNIT USEAGE
Truck $120.00 Day 1 $120.00 Subtotal $120.00
TOTAL VEHICLE $120.00
SUBCONTRACTOR COSTS
NAME PURPOSE COST
IDW
Erwin Transporation and Disposal of IDW. $110.00 $110.00
Subtotal $110.00
TOTAL SUB $110.00
LABORATORY COSTS
PARAMETER RATE # SAMPLES #QAQC
VOHs 4 MW samples $73.00 4 0 $292.00 Subtotal $292.00
Shipping Small Cooler (0 to 25 lbs) $110.00 1 $110.00
Subtotal $110.00
TOTAL LAB $402.00
EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS
Analytical Related
Groundwater Sampling Kit $290.00 Day 1 $290.00 Subtotal $290.00
IDW Related Drum $100.00 Drum 1 $100.00
Subtotal $100.00 Expendables
Expendables $40.00 Day 1 $40.00 Subtotal $40.00
TOTAL EQUIPMENT $430.00
Field Kickoff and H&S (1 hr) Prep field package (1 hrs), Property Owner and Tenant Notification (1 hr) Site access agreements (2 hrs) IDW management & manifest
Field work preparation (1 hours), Field Kickoff and H&S (1 hr) Mobe/demobe (4 hours).
Water level measurements of 15 wells (2 hours), sample 4 monitoring wells using PP and ESP (1.5 hr/well = 6 hours)
10/10/2023 Page 3 of 4 Subtask 2
LEVEL OF EFFORT/EXPENSE WORKSHEET
SITE : Former RIPS Quality Cleaners SUBTASK: 2023 NAM Report Preparation
DATE: 9/27/2023
LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON
STAFF-TITLE WORK DESCRIPTION HOURS
Principal T. Kafka 2
Project Professional M.Hensley 4
Senior Staff Professional M. Shook 12
Senior Staff Professional L. Haverlin 4
Administrative Assistant P. Gallagher 1
TOTAL LABOR 23
VEHICLE TYPE RATE UNIT USEAGE
TOTAL VEHICLE $0.00
PER DIEM STAFF RATE UNIT USEAGE
TOTAL PER DIEM $0.00
SUBCONTRACTOR COSTS
TOTAL SUB $0.00
LABORATORY COSTS
TOTAL LAB $0.00
EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS
TOTAL EQUIPMENT $0.00
PDF assembly
Data evaluation/interpretation, PG sign seal NAM Report (2 Hour)
Preparing groundwater flow direction maps (surficial, intermediate), and laboratory analysis figures (both zones) (4 hrs)
Prepare Natural Attenuation Monitoring Report (12 hrs)
Draft Report Tables (2 hr) and Groundwater Flow Maps (2 hrs)
10/10/2023 Page 4 of 4 Subtask 3
6770 South Washington Ave Suite 3
Titusville, FL 32780
PH 321-269-5880
www.geosyntec.com
Former Rips Cleaners_Annual GW Sampling_SOW_MS
2 October 2023 Ms. Brittany Plyler Florida Department of Environmental Protection Waste Cleanup Program 2600 Blair Stone Road, MS 4520 Tallahassee, FL 32399-2400
Subject: Proposal for 2023 Annual Groundwater Monitoring Former RIPS Quality Cleaners (ERIC_5065) 304 East Michigan Street, Orlando, Orange County, Florida DC012I Pending
Dear Ms. Plyler:
Geosyntec has prepared the attached Scope of Work (SOW) and Cost Estimate Form and proposed Level of Effort (CEF/LOE) for annual groundwater monitoring at the former RIPS Quality Cleaners (Site) located in Orlando, Florida. A detailed explanation of the proposed scope of work and report preparation is provided below.
Subtask 1 – Project Management
This subtask covers the general management of the project as specified in Contract No. HW683.
Subtask 2 – Annual Groundwater Monitoring
This subtask includes the labor and expenses for the completion of an annual groundwater monitoring event. Geosyntec will obtain a site access agreement for 300 E Michigan St Orlando, FL 32806 from Stanbery Southside LLC, who purchased the property in 2021. Geosyntec will mobilize to the Site in October 2023 to collect depth-to-groundwater measurements from Site-wide monitoring wells (a total of 14 monitoring wells). Geosyntec proposes collecting groundwater samples from four monitoring wells in the intermediate aquifer at the Site:
downgradient well MW040; source area well MW044 (where 1,1-DCE is the sole constituent present above GCTLs); upgradient well MW046, and vertical delineation well MW047. One duplicate groundwater sample will be collected for quality assurance purposes. Groundwater samples will be submitted for laboratory analysis of volatile organic halocarbons (VOHs) by Environmental Protection Agency (EPA) Method 8260B. Geosyntec will collect field parameters (consisting of pH, specific conductance, temperature, dissolved oxygen, and oxidation-reduction potential) using a YSI water quality meter during groundwater sampling activities.
Groundwater sampling purge water will be containerized in 55-gallon drums during sampling activities. For purposes of this proposal, the cost for transportation and disposal (T&D) of one 55-gallon drum of investigative derived waste (IDW) as non-hazardous waste is included in the LOE.
Ms. Brittany Plyler 27 September 2023
Former Rips Cleaners_Annual GW Sampling_SOW_MS
The monitoring well data will be utilized for waste profiling; therefore, additional IDW samples are not required. Erwin Remediation is the selected subcontractor for IDW transport and disposal.
Subcontractor bids are included in Attachment A.
Subcontractor T&D Cost Selected
Hull’s Environmental Services $775.00
Erwin Remediation $110.00 X
Enviroserve $140.00
Subtask 3 – Groundwater Monitoring Report:
Geosyntec will prepare a report documenting the results of the annual groundwater monitoring event. The report will contain tables summarizing field/laboratory groundwater data, figures showing groundwater flow direction and VOH results, and a summary of field activities. The report will be signed and sealed by a Florida-licensed professional engineer or geologist.
Invoice and Deliverable Schedule:
We have provided the milestone deliverable date below based on an assumed approval date of October 8, 2023 by DEP.
Subtask Deliverable Deliverable Due Date Invoice Amount
1, 2 & 3 Submittal of Groundwater Monitoring Report, Site Access Agreement, and
IDW Manifest 20 December 2023
$7,172.14
Period of Performance 29 March 2023
Total: $7,172.14
Ms. Brittany Plyler 27 September 2023
Former Rips Cleaners_Annual GW Sampling_SOW_MS
We appreciate the opportunity to work with FDEP on this project. Please call me if you have questions or require additional information.
Sincerely, Geosyntec Consultants
Melissa Shook, E.I.
Project Manager
Todd Kafka, P.G.
Senior Principal
Attachment A – IDW quotes
ATTACHMENT A
IDW Contractor Quotes
02/13/2023 02:24 PM PAGE 1 OF 7
Scope of Work
NonHaz disposal Drums:
$60/per drum liquids
$80/per drum solids
Transportation Drums:
From Mulberry shop (755 Prairie Industrial Parkway, Mulberry, FL 33860)
0-100 miles - $30/per drum, < 6 drums per pick up - $50/stop fee
101-250 miles - $40/per drum, < 6 drums per pick up - $50/stop fee
251-400 miles - $50/per drum, < 11 drums per pick up - $50/stop fee (May incur per diem ''hotel'' for driver - please call)
New Replacement drums / empites - $40/plus sales tax
*10% FSC will apply to the final invoice*
755 PRARIE INDUSTRIAL PKWY,
MULBERRY, FLORIDA, 33860
QUOTE #: 0033693
DATE: 02/13/2023 PROJECT PROPOSAL
CLIENT
GEOSYNTEC
PROJECT DESCRIPTION
NON HAZ DRUM DISPOSAL - STATE OF FLORIDA
TBD
THE FOLLOWING DESCRIBES OUR UNDERSTANDING OF THE SCOPE OF SERVICES TO BE PERFORMED BY ENVIROSERVE, FOR THE
CLIENT, AT THE ABOVE REFERENCED LOCATION KNOWN AS THE JOB SITE.
FEE STRUCTURE
02/13/2023 02:24 PM PAGE 2 OF 7
Job Estimate is for budgetary purposes only. Job will be billed according to time and materials used.
Time and Material Rates shall be charged portal to portal.
Please note that surcharges shall apply for off specification materials.
Applicable taxes and Environmental Fees are not included in our quotation, but shall be charged as applicable to the work.
Durations and Quantities are estimated only, actual fees shall be charged as incurred.
Minimum disposal amounts may apply to bulk disposal.
Tolls are not included in transportation rates
E-manifest fees will apply to hazardous waste manifests
Demurrage charged after one hour loading & unloading
Pricing assumes that drums/pallets are staged on a hard surface, accessible via van truck with liftgate & one driver with drum dolly or pallet jack.
Inaccessible areas (mud, heavy gravel), excessively heavy, deformed, unwieldy drums may require additional labor and equipment to assist. Fees for additional labor and equipment will be charged per EnviroServe's standard T&M rates.
The following materials are not eligible for LTL pricing and require direct or dedicated shipment to the TSDF: Cyanides, DOT Class 4.3 materials, DOT Class 1.4, 1.5 & 1.6 materials, Temperature Controlled/Self Reactive Materials, Odorant Materials (Mercaptans/Thiols), and other reactive/incompatible materials on a case by case basis. High hazardous containers (pails, drums, boxes, cylinders, etc.) will need to be assessed on a case by case basis to determine ability to be transported by EnviroServe.
Pricing for supplies (drums, pails, absorbent pads, etc.) is variable and may be adjusted without notice to account for market increases.
EnviroServe - Mulberry, FL facility: Energy Surcharge shall be applied to entire bill. (Currently 10%)
02/13/2023 02:24 PM PAGE 3 OF 7
Conclusions
Our services will be accordingly limited to those activities herein listed unless specific changes, additions or deletions to the scope of work are submitted in writing to this office. If there is any misunderstanding or if you have any questions, please contact the undersigned. Please note that this proposal is valid for 60 days. Pricing is subject to change without notice.
This proposal is not final until the waste stream has been properly characterized, profiled, and accepted by the disposal site.
All services to be performed in accordance with EnviroServe's standard terms and conditions.
Sincerely, CRAIG BURNS
CRAIGBURNS@ENVIROSERVE.COM
(863) 327-6289
ENVIROSERVE
ACCEPTANCE
ISSUANCE OF A PURCHASE ORDER BY CLIENT AND/OR INITIATION OF SERVICES BY ENVIROSERVE FOR THIS PROJECT CONSTITUTES
ACCEPTANCE OF ALL TERMS AND CONDITIONS CONTAINED HEREIN, AS WELL AS AUTHORIZATION FOR THE ABOVE NAMED
ENVIROSERVE REPRESENTATIVE, UNDER CLIENT’S INSTRUCTION AND DIRECTION, TO SIGN WASTE PROFILES, SHIPPING MANIFESTS, AND LDR FORMS ON BEHALF OF SAID NAMED GENERATOR COMPANY.
I HAVE READ AND UNDERSTAND THIS DOCUMENT IN ITS ENTIRETY AND AGREE TO ALL TERMS AND CONDITIONS CONTAINED HERE IN:
BY:
SIGNATURE DATE
TYPED/PRINTED NAME TITLE
PURCHASE ORDER #______________________
GEOSYNTEC
QUOTE #: 0033693
02/13/2023 02:24 PM PAGE 4 OF 7
EnviroServe Inc. Terms and Conditions
The following terms and conditions apply to all materials sold and services provided by EnviroServe Inc. (“Contractor”) to the Client named on the face sheet of this Agreement and are applicable to any subsidiary and/or affiliate of Client that Contractor sells materials to or provides services on such Client’s behalf.
1. Entire and Sole Agreement: These terms and conditions, along with any terms contained on the face sheet of this Agreement, shall constitute the entire and sole agreement (“Agreement”) between Contractor and Client as to the goods sold and/or services provided, and shall supersede all prior oral or written agreements by and between Contractor and Client. These terms and conditions may not be modified, altered or canceled without the express written agreement signed by both Contractor and Client. In the case of any inconsistency between these terms and conditions and any other terms, conditions, or provisions, then the terms and conditions set forth herein shall expressly control. Client expressly waives all provisions contained in any correspondence or forms involved in this transaction which negate, limit, extend or conflict with the terms and conditions stated herein. Client agrees that it has not been induced to enter into this Agreement by any oral or written representation, guaranty or warranty made by Contractor, its employees, agents or representatives other than as expressly set forth herein or on the face sheet hereof. If any portion of this
Agreement is deemed to be illegal or unenforceable by a court of law, then the validity of the remaining portions or provision shall not be affected and shall remain in full force and effect. Notwithstanding the preceding sentence, if Contractor in its sole discretion determines that the absence of the eliminated provision is contrary to the original intention of the parties, then Contractor shall have the right to terminate this Agreement.
2. Governing Law:The validity, performance, and construction of this Agreement shall be governed in accordance with the laws of the State of Ohio. The parties agree that should any claim be made by and against the parties hereto which seeks to recover a sum less than
$25,000.00, then that claim shall be decided exclusively through the processes of the American Arbitration Association (“AAA”), and any such AAA hearing shall be conducted in Cuyahoga County, Ohio. Should any claim be made by and against the parties hereto, which seeks to recover a sum in excess of $25,000.00, the parties agree to the exclusive jurisdiction and venue to resolve such claim in the courts located in Cuyahoga County, Ohio.
3. Independent Contractor: Contractor shall be an independent contractor and shall determine the method, details, and needs for performing the job(s) covered by this Agreement. Contractor is not now, nor shall it ever become, an employee, partner, agent, or principal of Client while this Agreement is in effect. Contractor is not entitled to the rights or benefits afforded to the Client’s employees. Contractor’s review or supervision of work prepared or performed by other individuals or entities retained by others shall not relieve such individuals or entities of complete and sole responsibility for the adequacy of their work, for which such other individual and/or entity shall remain completely liable to Client and
Contractor.
4. Changes:The Client, without invalidating this Agreement, may request changes within the general scope of the services required by the initial contract between it and Contractor. Any change proposed by Client shall not become effective unless and until Contractor consents, in writing, to such change in accordance with Paragraph 1, above.Should any change result in additional cost and/or increase the time of Contractor to perform said services, then Client agrees to compensate Contractor for such additional cost and time, including, without limitation, any overhead and profit margin associated with such cost and time as solely determined by Contractor.
5.Termination:
A.)By Contractor:
Contractor may immediately terminate this agreement in the event of Client’s breach or threatened breach of any term or provision of this Agreement, including but not limited to failure to pay on a timely basis, or if Client becomes insolvent, the subject of an order for relief in bankruptcy, receivership, reorganization, dissolution, or similar law, or makes an assignment for the benefit of its creditors, or if Clients actions or inactions causes increased risk, exposure, cost or liability, or if Contractor deems itself insecure as to payment or other matters (“Default”). Notice of termination shall be in writing and deemed given when delivered in person or by certified mail, postage prepaid, return receipt requested. In the event Contractor terminates this
Agreement for Client’s Default, then Contractor, in addition to being entitled to payment for work already performed, is entitled to liquidated damages, which are not in the way of a penalty, in the amount of 15% of the total contract covered by this Agreement, including any changes approved by
Contractor through the date of termination, and reasonable attorney fees and costs of collection. Client acknowledges that the actual damage to
Contractor in the event of termination is difficult to fix or prove, and the foregoing liquidated damages amount is reasonable and commensurate with the anticipated loss to Contractor resulting from such termination and is an agreed upon fee and is not imposed as a penalty.Collection of liquidated damages by Contractor shall be in addition to any rights or remedies available to Contractor under this Agreement or at law. Contractor shall not be liable for loss or damage caused by termination of its performance.
B.)By Client:
The Client may terminate this Agreement in whole or in part at any time by written notice. On receipt of such notice, Contractor shall, except as otherwise directed in said notice, immediately discontinue services and shall, if required, make reasonable efforts to procure termination of subcontracts to which Contractor is a party. Thereafter, Contractor may, if it chooses, perform such services as it deems necessary to preserve and protect the services already in progress. In the event of termination pursuant to this Paragraph, the Client agrees to immediately compensate
Contractor for work performed up to the date of termination, plus the costs associated with terminating existing subcontracts and/or preserving and protecting services already in progress, and Contractor’s expected profit on services required under the initial Agreement. After delivery of such written notice, the Client shall assume all obligations and commitments Contractor had undertaken or incurred in connection with the initial Agreement and shall additionally be responsible for payment for any subcontract with an existing balance and/or for the cost associated with the failure to procure the termination of any subcontract. Should Client terminate this Agreement while in a condition of Default as defined in Paragraph 5(A), above, Client shall remain obligated to pay Contractor liquidated damages as provided in Paragraph 5(A). Collection of liquidated damages by Contractor shall be in addition to any rights or remedies available to Contractor under this Agreement or at law and said amount is herein agreed upon and fixed as liquidated damages because of the difficulty of ascertaining the exact amount of damages that may be sustained by such delay.
6. Site Conditions: Client acknowledges that Contractor has not created, generated, stored, nor disposed of hazardous substances, 02/13/2023 02:24 PM PAGE 5 OF 7 as that term is defined below, pollution sources, or materials which may be deemed nuisances or hazardous under any applicable law. Client acknowledges responsibility for making all disclosures or reports required by any law or procedure to any third party, including but not limited to governmental authorities and State and US Environmental Protection Agencies. In addition, Client expressly acknowledges and agrees that it is
Client’s sole obligation and responsibility to obtain and ensure compliance with any permits and/or authorizations required by law.Client further acknowledges and agrees that Contractor shall not take title to, or assume any loss with respect to, hazardous or non-hazardous substances or wastes, and Client agrees to completely indemnify and hold Contractor harmless with respect to such hazardous and non-hazardous substances or wastes. In no event shall Contractor be liable for the acts of third parties, or for loss or damage which is alleged to be caused by, arise out of, or relate to the use or failure of tanks, boxes, bins, lines, utilities, underground structures, or other equipment leased to, rented to, used by or belonging to Client, or which is used by Contractor or left on site by Contractor in connection with the goods or services provided under this agreement. Without limiting the foregoing, in no event shall Contractor be liable for unknown site conditions, or for release, discharge, spillages or disposal from equipment, realty or facilities which are not then in Contractor’s actual custody, possession and control, and Client agrees to indemnify and hold Contractor harmless with respect to such release, discharge, spillages or disposal.
7. Environmental Laws: For purposes of this Agreement, the term “Environmental Laws” shall mean any Federal, State and local laws, statutes, ordinances, rules, regulations and final orders applicable to the Property, which regulate or pertain to the environment or environmental matters, including without limitation: the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601, et seq.;
The Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; The Clean Air Act, 42 U.S.C. Section 7401 et seq.; The Federal Water
Pollution Control Act, 33 U.S.C. Section 1251 et seq.; The Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Section 136 et seq.; The Toxic
Substances Control Act, 15 U.S.C. Section 2601 et seq.; The Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; The Emergency Planning and
Community Right-to-Know Act of 1986, 42 U.S.C. Section 11001, et seq.; and The Hazardous Materials Transportation Act, 49 U.S.C. Section 5101 et seq., as amended as the date of this Agreement, and the regulations and rules promulgated thereunder.
8. Safety: The Client acknowledges that it is assuming the role of Host Employer and shall comply with the Occupational Safety and
Health Act of 1970. The Client shall inform Contractor and its personnel of site specific safety requirements and hazards, including, but not limited to, lockout/tagout procedures, confined space entry, toxic atmospheres, hazard communication, high voltage rules and any other actual or potential hazards.
9. Warranties: Contractor warrants that the services provided by it pursuant to this Agreement shall be performed to the standards customarily provided by members of the same or similar profession under similar conditions. CONTRACTOR MAKES NO WARRANTY, EXPRESS
OR IMPLIED, REGARDING THE FITNESS OF A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTIBILITY OR ANY OTHER
WARRANTY. CONTRACTOR EXPRESSLY DISCLAIMS ALL ORAL WARRANTIES AND ANY OTHER WARRANTY NOT SPECIFICALLY
MENTIONED HEREIN. CONTRACTOR SPECIFICALLY DISCLAIMS ANY WARRANTY CONCERNING THE ACCURACY OR SUFFICIENCY OF
ANY ADVICE OR RECOMMENDATIONS GIVEN TO CLIENT IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED UNDER THIS
AGREEMENT.Contractor shall have no liability for defects in any performance attributed to Contractor’s use of or reliance upon information furnished to it by others, including Client and/or for defects in performance based upon site conditions, whether latent or obvious, which were not expressly made known to Contractor at the time service commenced.Under no circumstances will Contractor, or any person or entity acting through it, be liable for damages (including electrical) caused by Contractor’s installation and construction methodologies that in Contractor’s sole opinion, are required by the job covered under this Agreement. Under no circumstances will Contractor, or any person or entity acting through it, be liable to Client for any
Consequential, Incidental, Special, Punitive or Other Indirect Damages, or damages for delay, loss of productivity, loss of use, or lost profits associated with the job covered by this Agreement. Client knowingly and expressly waives all claims for loss or damage, including those arising from breach of contract, breach of warranty or negligence, claimed to have arisen out of the performance of the job covered by this Agreement, unless Client gives
Contractor written notice of such claimed breach or negligence within ten (10) days after such alleged occurrence.
10. Leased Equipment: Any Leased Equipment provided by Contractor shall at all times be the property of Contractor with the exception of certain miscellaneous installation materials purchased by the customer, and no right or property interest is transferred to the Customer hereunder, except the right to use any such Equipment as provided here.Customer agrees that it shall not pledge, lend, or create a security interest in, part with possession of, or relocate the equipment. Customer shall be responsible to maintain the Equipment in good and efficient working order.
11. Indemnification: Contractor shall hold Client harmless from any lawsuits against Client resulting from the willful acts or gross negligence of Contractor occurring in the performance of its obligations under this Agreement. Contractor’s liability shall be limited to the sum of the contract between Contractor and Client and shall not exceed the limits of any insurance coverage maintained by Contractor and applicable to such occurrence and/or the job covered by this Agreement. These limitations apply whether the liability is based on contract, tort, strict liability or any other theory. Client agrees to indemnify and hold Contractor harmless from any and all claims, demands, losses, costs, lawsuits, penalties and fines which relate to or arise from the job covered under this Agreement. Without limiting the foregoing, Client further agrees to indemnify and hold Contractor harmless form any and all claims, demands, losses, costs, lawsuits, penalties and fines which relate to or arise from actions or inactions of the Client, or any person or entity working through or for Client, or which relate to or arise from or due to any information, analysis, drawing, specification, procedure or other data provided or which should have been provided by or through Client.
12. Confidential Information/Trade Secrets:The Client acknowledges that all information regarding Contractor compiled or obtained by Client or used in the completion of work or furnished to Client in connection with the work covered by this Agreement, is Confidential Information and
Contractor’s exclusive property, except to the extent such information is or becomes public through no fault of Client or anyone receiving information from Client. Client acknowledges that Contractor will be irreparably damaged if Client were to disclose any of the Confidential Information that Client has received or dealt with, or will receive or deal with, as a result of his, her its, relationship with Contractor. Client shall preserve and protect the confidentiality of the Confidential Information and all tangible forms thereof, whenever disclosed to Client. Client shall not disclose or disseminate
Confidential Information to any person, firm, or entity (other than authorized personnel of Contractor) or use the Confidential Information for his, her, its
02/13/2023 02:24 PM PAGE 6 OF 7
own benefit or for the benefit of any third party, without prior written approval of Contractor. Client further acknowledges that the Trade Secrets of
Contractor comprise a part of the Confidential Information as to which Client has and/or will have knowledge and access. Client acknowledges the competitive value and confidential nature of such Trade Secrets, and recognizes and agrees that the disclosure and/or improper use of such Trade
Secrets will cause serious and irreparable injury to Contractor.
The term “Confidential Information” means any data or information, of any kind, nature or description, about or concerning the business or operations of Contractor, including, but not limited to, any information relating to past, present, or future sales, financial structure, pricing, marketing data, personnel data, products, software, research, development, inventions, computer processes, techniques, designs, programs and codes, or other technical information and data; the names, addresses, buying habits or practices of any of Contractor’s clients or customers; Contractor’s business;
compensation paid to other clients and independent contractors and other terms of their contractual arrangement; but does not include information which is or becomes available to the public through no fault of Client or anyone receiving information from Client.
The term “Trade Secret” means any data or information, including, but not limited to, technical or nontechnical data, specifications, designs, plans, proposals, copyrightable work, financial, business and marketing plans or data, formulas, patterns, compilations, programs, devises, methods, techniques, drawings, processes, product plans, actual or potential customer or supplier lists and information, or other information similar to any of the foregoing, which derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can derive economic value from its disclosure or use.
13. Non-Solicitation of Employees: In the course and scope of Contractor’s work, Client acknowledges and understands that it may learn of the identity of Contractor’s suppliers and employees, including both salaried and hourly Union employees. Client and Contractor acknowledge that
Contractor has devoted substantial time and resources into developing the relationships with its suppliers and employees, and that this is valuable and useful information. Therefore, Client shall not, directly or indirectly, either for itself or through any affiliate or other person or entity, (1) cause or seek to cause any of Contractor’s suppliers, vendors, purchasing agents, or customers to cease transacting business with Contractor; or (2) cause or seek to cause any of Contractor’s prospective suppliers, vendors, purchasing agents, or customers not to transact business with Contractor; or (3) recruit, solicit or hire, or attempt to recruit, solicit or hire, or induce or attempt to induce, or take any action in order to (or that is likely to) induce, or attempt to induce, any employee or agent of Contractor to terminate an employment or other relationship with Contractor; or (4) solicit on behalf of any other party other than Contractor any orders for the products or services hereafter sold or provided by Contractor from any person or entity, whether a customer or potential customer of Contractor, or (5) contact or communicate with, on behalf of any party other than Contractor, any supplier, vendor, purchasing agent, or customer with whom Contractor transacts business or with whom Contractor anticipates transacting business for the purpose of Competing;
and (6) employ any person who was employed by Contractor at any time within the two years prior to employment by Client. Client acknowledges that any breach of the above will cause serious and irreparable injury to Contractor such that Contractor will be entitled to the recovery of all of its damages.
14. Right of First Refusal Option: Client grants to Contractor a right of first refusal option to match any written offer received by Client to provide the same services that are being performed by Contractor under the Agreement. Contractor shall have fourteen (14) days upon which to respond to or match any such offer or to terminate this Agreement in its sole discretion, without further recourse from Client. In the event of termination, Client shall pay to Contractor, liquidated damages as defined in Section 5.
15. Access: Contractor will require clear unhindered access to the worksite and is not responsible for damages to paved surfaces.
Contractor is not responsible for dirtying of Client’s premises or for any damage caused by placement of equipment necessary for completion of the job covered under this Agreement.
16. Reuse of Documents: All documents prepared by Contractor are the Contractor’s property and are not intended or represented to be suitable for use by others, or the use by Client beyond the scope of this Agreement. Any use by others, or reuse by Client beyond the scope of this
Agreement are expressly forbidden and shall be at the user’s sole risk.
17. Force Majeure: Contractor’s obligation to provide goods or services under this Agreement shall be suspended if its performance is hindered or delayed due to any cause not reasonably within its control, including but not limited to, acts of God, strikes, labor disputes, weather, disturbances, riots, fire, crime, governmental action or intervention, war, acts of other contractors or subcontractors, acts of Client, unavailability or shortage of power, labor, transportation, or supplies. In the event of such occurrence, Contractor may, at its sole option, suspend its performance or terminate this
Agreement, and in either case, shall not be held accountable or liable for damages, costs, or expenses.
18. Proposal: Unless otherwise stated in its proposal, the proposal provided by Contractor shall remain valid for a period of sixty (60) days.
Notwithstanding the foregoing, the proposal may further be amended or withdrawn without prior notice to Client if information becomes available to
Contractor which would, in its opinion, affect a term of such proposal.
19. Invoicing & Payment: Unless otherwise stated in its proposal, Contractor may submit invoices twice monthly and may itemize labor and non-labor charges. Unless otherwise specified in writing, all change orders or work performed outside of the scope of the original proposal, and all subcontractor expenses, will be billed at cost plus reasonable overhead and profit margin. Invoices are due and payable within thirty (30) days after the date on the respective invoice. Interest shall be due and payable on any unpaid balance at the rate of 1 ½% per month.All goods and services provided by Contractor shall be deemed satisfactory and acceptable to Client unless Client specifically notifies Contractor in writing of any alleged deficiencies within fifteen (15) days following furnishing of the subject good or service. Should any obligation of Client be placed into the hands of an attorney for collection, the Client agrees to pay all attorney fees incurred by Contractor in the pursuit of said obligation.
20. Waiver: Contractor shall not be deemed to have waiver any of its rights, powers, or remedies under this Agreement or at law or in equity, unless such waiver is in writing and executed by Contractor. No delay or omission by Contractor in exercising any right, power or remedy shall operate as a waiver thereof. No waiver of any default shall operate as a waiver of any other default.
21. Assignment: Client may not assign this Agreement without Contractor’s express prior written consent.
22. General Acknowledgement: Client expressly acknowledges that it has been given the opportunity to read the above terms and conditions and that it understands its obligations, rights and responsibilities under the Agreement with Contractor and Client expressly waives any
02/13/2023 02:24 PM PAGE 7 OF 7
defenses concerning its knowledge or understanding of its rights, responsibilities and obligations under this Agreement.
Revised 1/1/2020
408 Ditmar Street
Pensacola, FL 32503
ErwinRemediation@Gmail.com - P.O. Box 884 Gulf Breeze, FL 32562
(850) 292-6511
To: Ms. Olivia Cain Geosyntec Consultants, Inc.
19321 US Highway 19 North Building C, Suite 200 Clearwater, FL 33764
April 6, 2023
Re: Non-Hazardous Drum Disposal of PFOS/PFAS Impacted Materials
Ms. Cain:
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 $ 110.00 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.
Respectfully, Robert Donado Erwin Remediation, Inc.
Email: robert@erwinremediation.com
4390 28th St N, St. Petersburg, FL 33714
Office: 727-610-2080
02/27/2023
GEOSYNTEC CONSULTANTS
1200 Riverplace Blvd Suite 710 Jacksonville, Florida 32207
Dear Blaine, Hull's Environmental Services, Inc. (Hull's) is pleased to submit the enclosed Quote for the Scope of Work described, along with our Standard Terms & Conditions. We appreciate the opportunity to quote this work and are prepared to perform the work upon your approval.
Please do not hesitate to call me if you have any questions. To accept the quote, please sign and date the final page of the quote.
Sincerely, Jamie Michael Vice President Business Development Hull’s Environmental Services
QUOTE
Customer GEOSYNTEC CONSULTANTS
Project Street Address Various Locations
Project State FL
Project City Various Cities
Project Zip Various Zips
Quote Number Q212587TPA
Quote Date Feb 27, 2023 02:36:18 PM
Hull's Rep Jamie Michael
SCOPE OF WORK
Waste T&D for non-hazardous drum pickup and disposal within the State of Florida. Assumptions are as follows:
Laboratory analysis will be provided for each location
Customer agrees to execute third-party authorization for Hull's to act as agent for waste transportation & disposal
Fuel costs are included in rates Off-spec waste will be returned to original location at the expense of customer
Rates include manfiests Transportation billed according to actual round trip elapsed time; portal to site to TSDF to portal
Item description Quantity Unit Rate Amount
Disposal - 55 Gal Drum, Soil or Water, Non-Hazardous, IDW 1.00 Drum $ 175.00 $ 175.00
Disposal - 55 Gal Drum, Soil or Water, Non-Hazardous, IDW, >Qty 5 1.00 Drum $ 150.00 $ 150.00
Transportation, Stake Body (or Equivalent), Driver/ Field Technician (Billed for Actual Time)
1.00 Hour $ 100.00 $ 100.00
TOTAL $ 425.00
Unit Pricing Disclaimer
Unit price quotations are designed to provide an estimated cost when complexity, duration and resource needs for a particular scope of work are difficult to determine due to factors like training requirements, location, weather conditions, materials, supplies, market fluctuations, unforeseen circumstances, and other characteristics. As such, Hull’s Environmental Services and client acknowledge that this is a unit price contract , that such unit prices vary from project to project and can ultimately alter the final cost of a project.
UNIT PRICING
STANDARD TERMS AND CONDITIONS
Acceptance and Formation of Contract: All written proposals shall be valid for a period of thirty (30) days. The cancellation or expiration of any contract hereunder shall not affect either Party’s obligations under any orders issued and accepted prior to such expiration or cancellation.
By issuance of a notice to proceed with the work, whether oral or written, Customer agrees to the terms and conditions stated herein. Any terms proposed in Customer's acceptance of this proposal which add to, vary from, or conflict with the proposal or these terms and conditions, are hereby rejected. Any such proposed terms shall be void and the terms in the proposal and these terms and conditions shall constitute the complete and exclusive statement of the terms and conditions of the contract between Hull’s Environmental Services, Inc. (“Hull’s”) and Customer.
Project Documents: Hull’s proposal includes and incorporates Hull’s Rate Schedule which is in effect at the time of performance of the work, all documents provided to Hull’s by or on behalf of Customer and all documents provided to Customer or its representative by or on behalf of Hull’s. The term “Customer” refers to the party with whom Hull’s is contracting. This document is incorporated by reference to the Contract as specified therein and is an integral part of the Contract.
Scope of Work and Price: All work performed hereunder shall be performed and invoiced in accordance with Hull’s written proposal, Hull’s Rate Schedule which is in effect at the time of performance of the work, the other Project Documents, and the terms and conditions stated herein as each may be applicable to the type of work performed. In the event that the scope of work, schedule, or material changes, Customer agrees to pay Hull’s on a time and material basis in accordance with Hull’s then current Rate Schedule or other unit rates, whichever is applicable, unless a revised proposal is prepared by Hull’s and accepted by Customer. Emergency response services shall be performed and invoiced in accordance with Hull’s current Rate Schedule. Unless expressly set forth, Hull’s proposal does not include state or local sales tax. If any such taxes are applicable and the client does not provide a Direct Pay or Tax Exemption Certificate for this work, such taxes will be added to the invoiced amount as a separate line item.
General Conditions of Work: Customer is responsible for furnishing to Hull’s all pertinent data and information concerning the work to be performed hereunder, the nature of the work site and the nature of the conditions to be remediated, including special hazards or risks involved with such work, premises, site or conditions. Unless otherwise stated in Hull’s proposal, all pricing is based upon the following general conditions:
(a) Hull’s will not incur any waiting or standby time for reason beyond Hull’s control; (b) access to, from and at the work site will not be restricted or limited; (c) there will be no overhead, underground, aboveground or other obstructions, rocks, pipelines, or utilities that would impede Hull’s…
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