CN-370000-HW686-DC007C.pdf
PDF 894 KB Posted
- Contract number
- HW686
- Issued by
- Florida
About this file
This Task Assignment (TA) is issued by the State of Florida Department of Environmental Protection (FDEP) under Contract Number HW686, Waste Cleanup Program Services. The document establishes a specific work order between FDEP and Professional Service Industries, Inc. (Intertek-PSI), with project management overseen by Ben Grubbs at FDEP and Nana Westmark at Intertek-PSI. The assignment pertains to groundwater monitoring activities at Fashion Cleaners (ERIC_5245), located at 6502 Massachusetts Avenue, New Port Richey, Pasco County, Florida.
The scope of work includes annual groundwater monitoring for volatile organic halocarbons (VOH) at three monitoring wells (MW001, MW002, MW003), collection of groundwater elevation measurements, laboratory analysis via EPA Method 8260, development of a groundwater monitoring report, and management of investigative derived waste (IDW) consisting of purge water containerized in 55-gallon drums for off-site disposal. The Task Assignment is valued at $5,216.96 on a fixed unit rate basis, with two subtasks: Subtask 1 (Project Management) at $499.06, due July 22, 2024, and Subtask 2 (VOH Monitoring and Deliverable) at $4,717.90, due May 20, 2024. The assignment includes detailed cost estimates covering direct labor, overhead, travel, subcontractor services for IDW disposal (budgeted at $100.00 for pickup and $10.00 handling fee), analytical laboratory costs of $219.00, and field equipment expenses totaling $430.00. The contract is effective as of the last date signed and operates under the terms and conditions of the underlying master contract HW686.
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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.
HW686
DC007C Completion July 22, 2024
Intertek-PSI will conduct groundwater monitoring activities at Fashion Cleaners (ERIC_5245), as detailed in the February 21, 2024 PSI proposal. Activities will include VOH monitoring, IDW disposal, and development of a groundwater monitoring report.
Ben Grubbs (850) 245-8992 Contractor Professional Service Industries, Inc. (Intertek-PSI) Contractor
Contractor Nana Westmark Contractor (813) 267-2519
ERIC_5245
6502 Massachusetts Ave New Port Richey, Pasco County, Florida 34653
Fashion Cleaners
Contractor Contractor
✔ $ 5,216.96
$ 5,216.96
Scope of Work
Professional Service Industries, Inc. (Intertek-PSI) Contractor Nana Westmark
Senior Geologist / Principal Consultant
Nana G Westmark Digitally signed by Nana G Westmark Date: 2024.02.27 11:53:25 -05'00'
Jennifer Farrell
Digitally signed by Jennifer Farrell Date: 2024.02.23 14:51:28 -05'00'
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 VOH Monitoring and Deliverable 05/20/2024
Subtask 1 Project Management 07/22/2024
Subtask 2 VOH Monitoring and Deliverable $ 4,717.90
Subtask 1 Project Management $ 499.06
$ 5,216.96
HW686
DC007C
FFLORIDAA DEPARTMENTT OF
EEnvironmentall Protection
Bob Martinez Center 2600 Blair Stone Road
Tallahassee, FL 32399-2400
Ronn DeSantis Governor
Jeanette Nuñez Lt. Governor
Shawnn Hamilton Secretary
Memorandum
TO: DC007C Contract File
FROM: Ben Grubbs, Contract Manager
DATE: February 23, 2024
SUBJECT: Negotiation Summary Task Assignment
HW686
Intertek-PSI will conduct groundwater monitoring activities at Fashion Cleaners (ERIC_5245), as detailed in the February 21, 2024 PSI proposal. Activities will include VOH monitoring, IDW disposal, and development of a groundwater monitoring report.
Total task amount is $5216.96. PSI’s time, labor, and subcontractor costs for these activities have been revised and are appropriate. The level-of-effort and cost estimate are reasonable for the scope of services. Final deliverable is July 22, 2024.
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2/
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F In te rt ek -P
SI
Pa ge
LEVEL OF EFFORT/EXPENSE WORKSHEET
SITE : Fashion Cleaners ERIC_5245 SubTask 2 VOH Monitoring and Deliverable
DATE: 2/21/2024
LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON
STAFF-TITLE WORK DESCRIPTION HOURS
Field Activities
Senior Geologist, N Westmark Technical Assistance 3 Notification to tenants 1
Staff Scientist, MM Travel (4 hour roundtrip for gw sampling ) 4 Field event preparation 1 Collect groundwater elevations at 3 wells 0.5 Collect groundwater samples 3 shallow wells @ 1 hr each 3 Stage IDW 1 Pick-up, drop off samples 2
Total Hours 11.5
Data Evaluation/ Report Development
Senior Geologist, N Westmark Evaluate data 3 Make Recommendations for report 2 Sign and seal document 0.5
Total Hours 9.5
Project Scientist, S Luth Data reduction/evaluation 3 Preparation of groundwater monitoring report 5 Report - Prepare final tables and figure 4
Total Hours 12
GIS/CADD Specialist, D Grove Develop maps 2
TOTAL LABOR 35.00
VEHICLE TYPE RATE UNIT USEAGE
$0.00
Equipment Van / Truck $120.00 day 1 $120.00
$0.00
TOTAL VEHICLE $120.00
PER DIEM STAFF RATE UNIT USEAGE
$0.00
$0.00
TOTAL PER DIEM $0.00
SUBCONTRACTOR COSTS
NAME PURPOSE COST
Petrotech Southeast IDW pickup, transport, disposal, wa 1 $100.00 $100.00
$0.00
LABORATORY COSTS
PARAMETER RATE # SAMPLES #QAQC IDW
$0.00
EPA Method 8260 $73.00 3 0 $219.00
$219.00 $0.00
$0.00
TOTAL LAB $219.00
EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS
$0.00
Shallow Groundwater Sampling Kit $290.00 day 1 $290.00 55--gallon drum $100.00 each 1 $100.00
$390.00 Expendables $40.00 day 1 $40.00
TOTAL EQUIPMENT $430.00
FINAL --7/24/96
Page 4 Fashion ERIC_5245 GW 0552-419329
PSI Proposal 0552-419329 February 21, 2024 www.intertek.com/building
Professional Service Industries, Inc.
5801 Benjamin Center Drive, Suite 112, Tampa, FL 33634
Phone: (813) 886-1075 Fax: (813) 249-4916
Florida Department of Environmental Protection Waste Site Cleanup Section 2600 Blair Stone Road, MS 4520 Tallahassee, FL 32399-2400
Attention: Mr. Benjamin Grubbs, FCCM, Environmental Consultant Phone: (850) 245-8705 main, (850) 245-8992 direct Email: Benjamin.Grubbs@FloridaDEP.gov
Re: Proposal for Annual Groundwater Monitoring Fashion Cleaners (Former) 6502 Massachusetts Avenue New Port Richey, Pasco County, Florida 34653
ERIC_5245
Dear Mr. Grubbs:
Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to provide the proposal contained herein to provide annual groundwater monitoring for Volatile Organic Halocarbons for the former Fashion Cleaners at 6502 Massachusetts Avenue, New Port Richey, Florida. Included with this proposal is a discussion of project history to date, proposed scope of work, cost estimate and a proposed schedule for completion. A Site Access Agreement was signed by Mr. Trent Goss in June 2019, who is listed as the registered agent for the current property owner, according to the Pasco County Property Appraiser’s website.
PROJECT BACKGROUND
The Fashion Cleaners (Former) was located in the East Richey Square Shopping Center on the southeast corner of Massachusetts Avenue and Congress Street in New Port Richey, Pasco County, Florida. The Fashion Cleaners operated in the westernmost tenant space in the shopping center which currently houses a bar, the Home Saloon. Based on the FDEP records, drycleaning began at the facility in 1978 and utilized perchloroethene (PCE) as the drycleaning solvent. The drycleaner operated from 1978 to approximately 2007 or 2008. No drycleaning equipment remains on-site.
FDEP – Fashion Cleaners ERIC_5245
February 21, 2024 www.intertek.com/building
PSI completed Site Assessment activities in November 2020 through February 2021, with results revealing VOH concentrations in the soil (below SCTLs) and VOH concentrations in the groundwater above the Groundwater Target Cleanup Level (GCTL).
PSI has developed the proposal contained herein to continue the groundwater monitoring program for 2024.
PROPOSED SCOPE OF WORK
The proposal contained herein consists of conducting annual groundwater monitoring for VOH compounds. Specifically, the proposed scope of work consists of the following subtasks:
1. Project Management
This scope is provided for in the template worksheets and is detailed in Subtask 1.
2. Annual VOH Groundwater Monitoring and Report
a. Mobilization to the site.
b. Collect groundwater samples and groundwater elevation measurements from the following wells:
i. MW001
ii. MW002
iii. MW003
d. Submit groundwater samples to a NELAC-approved laboratory for analysis of VOHs via EPA Method 8260.
e. Development of a Groundwater Monitoring Report showing current groundwater elevation maps, current groundwater data, and recommendations, as necessary.
f. The investigative derived waste (IDW) that will be generated during the annual groundwater monitoring is limited to purge water from the monitoring wells which will be containerized in a 55-gallon drum and transported off-site for disposal at an approved facility.
COST ESTIMATE AND SCHEDULE
The estimated cost to perform the described services is shown in the attached Cost Estimate. All PSI services will be conducted in accordance with the terms and conditions contained within DEP Contract No. HW686, Waste Cleanup Program Services, dated December 21, 2021. An invoice and deliverable schedule are presented as follows.
FDEP – Fashion Cleaners ERIC_5245
February 21, 2024 www.intertek.com/building
Fashion Cleaners ERIC_5245 Deliverables Deliverable Due Date SubTask 1 Project Management Upon completion of Task Assignment SubTask 2 VOH Monitoring and Deliverable May 20, 2024
Requirements for Invoice Submittal Amount to be Invoiced
SubTasks 1 & 2 - Submittal & approval of Groundwater Monitoring Report
$5,216.96
PSI appreciates the opportunity to be of service to the FDEP. If you have any questions, please feel free to contact us at (813) 267-2519.
Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC.
Christopher L. Cummins, PG Nana Westmark, PG, CHMM Senior Geologist Senior Geologist / Contract Manager
Enclosure: Cost Estimate Level of Effort IDW Bids
Z:\552-Env\FDEP HW 686 Drycleaning, Main Contract\0552-3629 Fashion NPR GW, PFAS-HW004A\Proposal\2024 VOH GW\Fashion ERIC_5245 GW 0552-419329.docx
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Scope of Work
Blanket Quote based on one drum T&D , for service site specific quote - disposal approval required
TCLP Benzene and 4 Metals with Completed Profile required for each site
Drum Pickup /Transportation/Disposal
Drums North Florida - *Tallahassee to Panhandle not included (Pan Handle) - South Miami to Key West additional costs apply.
755 PRARIE INDUSTRIAL PKWY,
MULBERRY, FLORIDA, 33860
QUOTE #: 0034574
DATE: 03/24/2023 PROJECT PROPOSAL
CLIENT
NANA WESTMARK
INTERTEK
5801 BENJAMIN CENTER DR, SUITE 112, TAMPA, FLORIDA, 33634
P: (813) 886-1075
PROJECT DESCRIPTION
DRUM PICKUP
VARIOUS SITES CENTRAL FLORIDA
THE FOLLOWING DESCRIBES OUR UNDERSTANDING OF THE SCOPE OF SERVICES TO BE PERFORMED BY ENVIROSERVE, FOR THE
CLIENT, AT THE ABOVE REFERENCED LOCATION KNOWN AS THE JOB SITE.
FEE STRUCTURE
TRANSPORTATION
ITEM EST.QTY. UNIT PRICE UNIT TOTAL
TRANSPORTATION 55 GAL DRUMS
NOTES:SUBJECT TO FUEL SURCHARGE, 1.00 $50.00 DRUM $50.00
STOP FEE 6 DRUMS OR LESS PICKUP 1.00 $50.00 EACH $50.00
TRANSPORTATION SUBTOTAL: $100.00
DISPOSAL
ITEM EST.QTY. UNIT PRICE UNIT TOTAL
55 GALLON NON HAZ DRUM
NOTES: Drum DOT Shippable Drum accessible on hard Surface 80.00 $1.00 EACH $80.00
ENERGY SURCHARGE 10% INVOICE TOTAL 1.00 $18.00 EACH $18.00
DISPOSAL SUBTOTAL: $98.00
TOTAL JOB ESTIMATE: $198.00
03/24/2023 12:55 PM PAGE 2 OF 7
Job Estimate is for budgetary purposes only. Job will be billed according to time and materials used.
Time and Material Rates shall be charged portal to portal.
Please note that surcharges shall apply for off specification materials.
Applicable taxes and Environmental Fees are not included in our quotation, but shall be charged as applicable to the work.
Durations and Quantities are estimated only, actual fees shall be charged as incurred.
Minimum disposal amounts may apply to bulk disposal.
Tolls are not included in transportation rates
E-manifest fees will apply to hazardous waste manifests
Demurrage charged after one hour loading & unloading
Pricing assumes that drums/pallets are staged on a hard surface, accessible via van truck with liftgate & one driver with drum dolly or pallet jack.
Inaccessible areas (mud, heavy gravel), excessively heavy, deformed, unwieldy drums may require additional labor and equipment to assist. Fees for additional labor and equipment will be charged per EnviroServe's standard T&M rates.
The following materials are not eligible for LTL pricing and require direct or dedicated shipment to the TSDF: Cyanides, DOT Class 4.3 materials, DOT Class 1.4, 1.5 & 1.6 materials, Temperature Controlled/Self Reactive Materials, Odorant Materials (Mercaptans/Thiols), and other reactive/incompatible materials on a case by case basis. High hazardous containers (pails, drums, boxes, cylinders, etc.) will need to be assessed on a case by case basis to determine ability to be transported by EnviroServe.
Pricing for supplies (drums, pails, absorbent pads, etc.) is variable and may be adjusted without notice to account for market increases.
EnviroServe - Mulberry, FL facility: Energy Surcharge shall be applied to entire bill. (Currently 10%)
03/24/2023 12:55 PM PAGE 3 OF 7
Conclusions
Our services will be accordingly limited to those activities herein listed unless specific changes, additions or deletions to the scope of work are submitted in writing to this office. If there is any misunderstanding or if you have any questions, please contact the undersigned. Please note that this proposal is valid for 60 days. Pricing is subject to change without notice.
This proposal is not final until the waste stream has been properly characterized, profiled, and accepted by the disposal site.
All services to be performed in accordance with EnviroServe's standard terms and conditions.
Sincerely, STEVE HARRIS
STEPHENHARRIS2@ENVIROSERVE.COM
(863) 559-1452
ENVIROSERVE
ACCEPTANCE
ISSUANCE OF A PURCHASE ORDER BY CLIENT AND/OR INITIATION OF SERVICES BY ENVIROSERVE FOR THIS PROJECT CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS CONTAINED HEREIN, AS WELL AS AUTHORIZATION FOR THE ABOVE NAMED ENVIROSERVE REPRESENTATIVE, UNDER CLIENT’S INSTRUCTION AND DIRECTION, TO SIGN WASTE PROFILES, SHIPPING MANIFESTS, AND LDR FORMS ON BEHALF OF SAID NAMED GENERATOR COMPANY.
I HAVE READ AND UNDERSTAND THIS DOCUMENT IN ITS ENTIRETY AND AGREE TO ALL TERMS AND CONDITIONS CONTAINED HERE IN:
BY:
SIGNATURE DATE
TYPED/PRINTED NAME TITLE
PURCHASE ORDER #______________________
INTERTEK
QUOTE #: 0034574
03/24/2023 12:55 PM PAGE 4 OF 7
EnviroServe Inc. Terms and Conditions The following terms and conditions apply to all materials sold and services provided by EnviroServe Inc. (“Contractor”) to the Client named on the face sheet of this Agreement and are applicable to any subsidiary and/or affiliate of Client that Contractor sells materials to or provides services on such Client’s behalf.
1. Entire and Sole Agreement: These terms and conditions, along with any terms contained on the face sheet of this Agreement, shall constitute the entire and sole agreement (“Agreement”) between Contractor and Client as to the goods sold and/or services provided, and shall supersede all prior oral or written agreements by and between Contractor and Client. These terms and conditions may not be modified, altered or canceled without the express written agreement signed by both Contractor and Client. In the case of any inconsistency between these terms and conditions and any other terms, conditions, or provisions, then the terms and conditions set forth herein shall expressly control. Client expressly waives all provisions contained in any correspondence or forms involved in this transaction which negate, limit, extend or conflict with the terms and conditions stated herein. Client agrees that it has not been induced to enter into this Agreement by any oral or written representation, guaranty or warranty made by Contractor, its employees, agents or representatives other than as expressly set forth herein or on the face sheet hereof. If any portion of this Agreement is deemed to be illegal or unenforceable by a court of law, then the validity of the remaining portions or provision shall not be affected and shall remain in full force and effect. Notwithstanding the preceding sentence, if Contractor in its sole discretion determines that the absence of the eliminated provision is contrary to the original intention of the parties, then Contractor shall have the right to terminate this Agreement.
2. Governing Law:The validity, performance, and construction of this Agreement shall be governed in accordance with the laws of the State of Ohio. The parties agree that should any claim be made by and against the parties hereto which seeks to recover a sum less than $25,000.00, then that claim shall be decided exclusively through the processes of the American Arbitration Association (“AAA”), and any such AAA hearing shall be conducted in Cuyahoga County, Ohio. Should any claim be made by and against the parties hereto, which seeks to recover a sum in excess of $25,000.00, the parties agree to the exclusive jurisdiction and venue to resolve such claim in the courts located in Cuyahoga County, Ohio.
3. Independent Contractor: Contractor shall be an independent contractor and shall determine the method, details, and needs for performing the job(s) covered by this Agreement. Contractor is not now, nor shall it ever become, an employee, partner, agent, or principal of Client while this Agreement is in effect. Contractor is not entitled to the rights or benefits afforded to the Client’s employees. Contractor’s review or supervision of work prepared or performed by other individuals or entities retained by others shall not relieve such individuals or entities of complete and sole responsibility for the adequacy of their work, for which such other individual and/or entity shall remain completely liable to Client and Contractor.
4. Changes:The Client, without invalidating this Agreement, may request changes within the general scope of the services required by the initial contract between it and Contractor. Any change proposed by Client shall not become effective unless and until Contractor consents, in writing, to such change in accordance with Paragraph 1, above.Should any change result in additional cost and/or increase the time of Contractor to perform said services, then Client agrees to compensate Contractor for such additional cost and time, including, without limitation, any overhead and profit margin associated with such cost and time as solely determined by Contractor.
5.Termination:
A.)By Contractor:
Contractor may immediately terminate this agreement in the event of Client’s breach or threatened breach of any term or provision of this Agreement, including but not limited to failure to pay on a timely basis, or if Client becomes insolvent, the subject of an order for relief in bankruptcy, receivership, reorganization, dissolution, or similar law, or makes an assignment for the benefit of its creditors, or if Clients actions or inactions causes increased risk, exposure, cost or liability, or if Contractor deems itself insecure as to payment or other matters (“Default”). Notice of termination shall be in writing and deemed given when delivered in person or by certified mail, postage prepaid, return receipt requested. In the event Contractor terminates this Agreement for Client’s Default, then Contractor, in addition to being entitled to payment for work already performed, is entitled to liquidated damages, which are not in the way of a penalty, in the amount of 15% of the total contract covered by this Agreement, including any changes approved by Contractor through the date of termination, and reasonable attorney fees and costs of collection. Client acknowledges that the actual damage to Contractor in the event of termination is difficult to fix or prove, and the foregoing liquidated damages amount is reasonable and commensurate with the anticipated loss to Contractor resulting from such termination and is an agreed upon fee and is not imposed as a penalty.Collection of liquidated damages by Contractor shall be in addition to any rights or remedies available to Contractor under this Agreement or at law. Contractor shall not be liable for loss or damage caused by termination of its performance.
B.)By Client:
The Client may terminate this Agreement in whole or in part at any time by written notice. On receipt of such notice, Contractor shall, except as otherwise directed in said notice, immediately discontinue services and shall, if required, make reasonable efforts to procure termination of subcontracts to which Contractor is a party. Thereafter, Contractor may, if it chooses, perform such services as it deems necessary to preserve and protect the services already in progress. In the event of termination pursuant to this Paragraph, the Client agrees to immediately compensate Contractor for work performed up to the date of termination, plus the costs associated with terminating existing subcontracts and/or preserving and protecting services already in progress, and Contractor’s expected profit on services required under the initial Agreement. After delivery of such written notice, the Client shall assume all obligations and commitments Contractor had undertaken or incurred in connection with the initial Agreement and shall additionally be responsible for payment for any subcontract with an existing balance and/or for the cost associated with the failure to procure the termination of any subcontract. Should Client terminate this Agreement while in a condition of Default as defined in Paragraph 5(A), above, Client shall remain obligated to pay Contractor liquidated damages as provided in Paragraph 5(A). Collection of liquidated damages by Contractor shall be in addition to any rights or remedies available to Contractor under this Agreement or at law and said amount is herein agreed upon and fixed as liquidated damages because of the difficulty of ascertaining the exact amount of damages that may be sustained by such delay.
6. Site Conditions: Client acknowledges that Contractor has not created, generated, stored, nor disposed of hazardous substances, 03/24/2023 12:55 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
03/24/2023 12:55 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
03/24/2023 12:55 PM PAGE 7 OF 7
defenses concerning its knowledge or understanding of its rights, responsibilities and obligations under this Agreement.
Revised 1/1/2020
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From: Erwin Remediation To: Nana Westmark Subject: [External] Re: PSI request for quote for annual IDW rates for T&D Date: Wednesday, April 12, 2023 11:25:30 AM Attachments: image001.png
Erwin PSI IDW Quote - 04.12.2023.pdf
Nana, Please see the attached quote.
A few items to note:
The FL Keys are priced on a case by case basis The pricing listed is for non-haz only If a drum is missing, there is a $75.00 false mobilization fee If we have to meet a Field Tech at the time of pick up there is an additional $150.00 fee
Thank you, Jonathan Erwin Erwin Remediation, Inc.
Office: (850) 292-6511|Email: ErwinRemediation@Gmail.com Erwin Remediation, Inc.|408 Ditmar Street Pensacola, FL 32503
On Wed, Apr 12, 2023 at 8:54 AM Nana Westmark <nana.westmark@intertek.com> wrote:
Good Morning Jason – it was nice speaking with you this morning. As discussed, PSI would like a price quote for T&D for our FDEP Drycleaning Contract where we generate mostly groundwater purge water from monitoring wells, and occasionally soil in 55-gallon drums, all to a FDEP approved facility.
I am attaching a brief rate sheet for you to fill out, as well as our standard terms and conditions. We typically issue a PO for every project and that works well for everyone. Our terms and conditions are pretty standard also.
We generate about 10 – 20 drums per year, mostly in Central and West Florida but occasionally in the panhandle.
I thank you for your time and effort today. If you could provide your quotation today, that would be awesome!
Kind Regards, Nana Westmark, PG, CHMM
Senior Geologist / Principal Consultant
Building & Construction
Intertek-PSI
Direct 813 – 886 – 1075 Ext 219
Mobile 813 - 267 - 2519
Office 813 – 886 – 1075
Email Nana.Westmark@intertek.com
Skype Nana.Westmark.Intertek www.intertek.com/building [gcc02.safelinks.protection.outlook.com] [gcc02.safelinks.protection.outlook.com]
Intertek-PSI
5801 Benjamin Center Drive, Suite 112
Tampa, Florida 33634
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