CN-370000-HW686-DC018B.pdf

PDF 1 MB Posted Dec 21, 2021

Attached to: Master Agreement FL|HW686|26652fe61cf76d14a6798f2369f5dddb
Contract number: HW686
Issued by: Florida

About this file

Written by GovTribe AI · May 1, 2026

This Task Assignment (TA) is executed between the State of Florida Department of Environmental Protection (Department) and Professional Service Industries, Inc. (PSI), an Intertek company, under the umbrella Contract Number HW686 for the Bureau of Waste Cleanup Services. The assignment pertains to groundwater monitoring services at the Hampton Cleaners facility located at 5317 Gunn Highway, Tampa, Hillsborough County, Florida, with a project number ERIC_4713. Aaron Cohen serves as the Department's Project Manager, while Nana Westmark represents PSI as the Contractor's Project Manager.

PSI will conduct Annual Groundwater Monitoring for Volatile Organic Halocarbons (VOH) and per- and polyfluoroalkyl (PFAS) compounds sampling services. The scope includes three subtasks: (1) Project Management, (2) Annual VOH Groundwater Monitoring and Report, and (3) PFAS Groundwater Monitoring. Services encompass mobilization, collection of groundwater samples and elevation measurements from 13 monitoring wells, laboratory analysis using EPA Method 8260 for VOH compounds and FDEP Method DEP SOP:LC-001-3 for PFAS compounds, investigative derived waste (IDW) containerization in 55-gallon drums, and preparation of a comprehensive Annual Groundwater Monitoring Report with historical data comparison and recommendations. The total Task Assignment value is $11,111.73, with compensation structured as a fixed unit rate. Subtask 1-2 (Annual Groundwater Monitoring Report and Project Management) is valued at $10,546.89, and Subtask 3 (PFAS Monitoring) at $564.84. The deliverable and invoice requirement is due June 30, 2024, with a Task completion date of September 27, 2024. PSI's costs have been reviewed and determined to be appropriate under the underlying Contract HW686 terms and conditions.

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Funding Information:

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

Category Grant # Project # Year Amount

Additional Funding Information attached on separate page.

Rev. 8/26/2020

STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

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

1. TA Number: TA Completion Date:

TA Description:

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

Department Project Manager: Department Project Manager Phone:

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

3. Project Number:

(If different from TA Number) Project Location(s):

Project Name:

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

Fixed Price:

Fixed Unit Rate: (Extended Price)

Cost Reimbursement:

Total TA Value:

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

Attachment 1:

Additional Attachments (if necessary):

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

State of Florida Department of Environmental Protection

CONTRACTOR Department Name:

Title: Secretary or Designee

(Authorized Signature) (Authorized Signature) Date:

Additional signatures attached on separate page.

HW686

DC018B Completion September 27, 2024

Professional Service Industries, Inc. (PSI) will conduct Annual Groundwater Monitoring for Volatile Organic Halocarbons (VOH) and per- and polyfluoroalkyl (PFAS) compounds sampling services for the Hampton Cleaners at 5317 Gunn Highway, Tampa, Florida.

Aaron Cohen 850-245-8974 Contractor Professional Service Industries, Inc. (PSI) Contractor

Contractor Nana Westmark Contractor 813-886-1075

ERIC_4713

5317 Gunn Highway Tampa, Hillsborough County, Florida

Hampton Cleaners

Contractor Contractor

✔ $ 11,111.73

$ 11,111.73

Scope of Work

Professional Service Industries, Inc. (PSI) Contractor Nana Westmark

Senior Geologist / Principal Consultant

Nana G Westmark Digitally signed by Nana G Westmark Date: 2024.02.12 11:16:52 -05'00'

Jennier Farrell

Digitally signed by Jennifer Farrell Date: 2024.02.08 14:39:13 -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 1,2,3- Groundwater Monitoring Report, PFAS Monitoring and Project Management 06/30/2024

Subtask 1 - 2 Annual Groundwater Monitoring Report and Project Management $ 10,546.89

Subtask 3 PFAS Monitoring $ 564.84

$ 11,111.73

HW686

DC018B

FFLORIDAA DDEPARTMENTT OFF

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:

FROM:

Site # ERIC File

, Project Manager

SUBJECT: Negotiation Summary

HW68

DATE: January , 202

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LEVEL OF EFFORT/EXPENSE WORKSHEET

SITE : Hampton Cleaners ERIC_4713 SubTask 2 Annual Groundwater Monitoring DATE: 9/22/2023, revised 10/3/2023, 1/11/2024

LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON

STAFF-TITLE WORK DESCRIPTION HOURS

Field Activities Environmental Specialist, C Cummins

Field Event Prep 1 Travel 2 Collect groundwater elevations (11 wells) (10 minutes per well) 1.5 Collect groundwater samples 8 shallow wells @ 1 hour per well 8 2 deep well @ 2 hours per well 4 2 recovery well @ 2 hrs per well 4 Documentation of groundwater sampling & measurements 2 Stage IDW drum 0.5 Pick-up, drop off samples 2

Total Hours 25.0 Report Project Scientist, S Barnes Prepare tables and draft maps 8

Data reduction / evaluation, prepare report 7 Total Hours 15.0

GIS / CAD Specialist, D Grove Create maps, figures 6

Senior Geologist, N Westmark Tenant notification 1 Technical oversight 1 Provide Evaluation and edits to report 8 Sign and seal GW Monitoring report 1

Total Hours 11

TOTAL LABOR 57.0

EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS

Shallow Groundwater Sampling Kit $290.00 day 3 $870.00 $834.20 week 0 $0.00

Deep Groundwater Sampling Kit $415.00 day 3 $1,245.00

Drum $100.00 each 1 $100.00 $2,215.00

Expendables $40.00 day 3 $120.00

TOTAL EQUIPMENT $2,335.00

VEHICLE TYPE RATE UNIT USEAGE

Equipment Van / Truck (GW Sampling) $120.00 day 3 $360.00

$420.00 week 0 $0.00

TOTAL VEHICLE $360.00

PER DIEM STAFF RATE UNIT USEAGE

$0.00 $0.00 $0.00

TOTAL PER DIEM $0.00

LABORATORY COSTS

PARAMETER RATE # SAMPLES #QAQC #IDW

EPA Method 8260 $73.00 12 1 $949.00

$0.00

TOTAL LAB $949.00

SUBCONTRACTOR COSTS

NAME PURPOSE RATE UNIT

Petrotech Southeast, Inc. $100.00 1 $100.00

TOTAL $100.00

IDW management, treatment, disposal per drum

Page 3 Rev 1 Hampton ERIC_4713 0552-408921

LEVEL OF EFFORT/EXPENSE WORKSHEET

SITE : Hampton Cleaners ERIC_4713 SubTask 3 PFAS Monitoring DATE: 9/22/2023, revised 10/3/2023, 1/11/2024

LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON

STAFF-TITLE WORK DESCRIPTION HOURS

Field Activities PFAS Sampling

Environmental Specialist, C Cummins Additional decontamination for PFAS 2 Documentation of PFAS groundwater sampling 2 Inventory cooler, prepare cooler for shipping to FDEP 2.5

Total Hours: 6.5

TOTAL LABOR 6.5

EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS

$834.20 week 0 $0.00

TOTAL EQUIPMENT $0.00

VEHICLE TYPE RATE UNIT USEAGE

$420.00 week 0 $0.00

TOTAL VEHICLE $0.00

PER DIEM STAFF RATE UNIT USEAGE

$0.00 $0.00 $0.00

TOTAL PER DIEM $0.00

LABORATORY COSTS

PARAMETER RATE # SAMPLES #QAQC #IDW

EPA Method 8260 $73.00 0 0 0 $0.00 Shipping, large $104.00 0 $0.00

$0.00

TOTAL LAB $0.00

SUBCONTRACTOR COSTS

NAME PURPOSE UNIT COST

Petrotech IDW drum pickup 0 $125.00 $0.00

TOTAL $0.00

Rev 1 Hampton ERIC_4713 0552-408921

PSI Proposal: 0552-408921-Rev 1 September 22, 2023, revised October 3, 2023, January 11, 2024

MMMM DD,

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: Ms. Kelly Crain, Environmental Administrator Telephone: (850) 245-8705, (850) 245-8953 Email: Kelly.Crain@FloridaDEP.gov

Re: Proposal for Annual Groundwater Monitoring (VOH and PFAS) – revision 1 Hampton Cleaners 5317 Gunn Highway Tampa, Hillsborough County, Florida FDEP Facility No. 29 9500922 / ERIC_4713

Dear Ms. Crain:

Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to provide the revised proposal contained herein to provide Annual Groundwater Monitoring for Volatile Organic Halocarbons (VOH) and per- and polyfluoroalkyl (PFAS) compounds sampling services for the Hampton Cleaners at 5317 Gunn Highway, Tampa, 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 with the property owner was executed in September 2022, and as of January 2024, is the same property owner according to the Hillsborough County Property Appraiser.

PROJECT BACKGROUND

The Hampton Cleaners is located at 5317 Gunn Highway, Tampa, Florida. The drycleaner business is no longer in operation and currently is a drop off and pick up facility for cleaning. The drycleaner space is located in the Hampton Plaza shopping complex in a residential / commercially developed area of Citrus Park, near Tampa. The site is bordered to the north by other tenants of the shopping complex, to the east by residential land use and to the south and west by a parking lot that has been recently developed as an Auto Zone retail facility. A private charter school was previously located in the same complex footprint but in a separate building which currently houses an engineering company WRA Engineering.

A RAP Addendum was implemented by PSI in December 2013 and January 2014, consisting of SVE well installation, groundwater amendment application and sewer line replacement. The property owner was

FDEP – Hampton Cleaners ERIC_4713

September 22, 2023, revised October 3, 2023, January 11, 2024 www.intertek.com/building concurrently responsible for removing some of the impacted soil around the stormwater grate behind the building.

An SVE / air injection system was transferred from the Department’s Lakeland storage facility to the Hampton site and installed in May through June 2014. The remediation system operated from June 2014 to December 2017. Confirmation soil samples collected in July 2018 revealed no detections of the contaminants of concern above Chapter 62-777, FAC Soil Cleanup Target Levels (SCTLs), and the system was shutdown. The SVE system was then transferred to another Drycleaning Solvent Cleanup Program site, Westwood Cleaners, managed by PSI.

The most recent groundwater monitoring events in April 2020, March 2021, and October 2022 revealed the groundwater plume appearing to migrate towards the southwest. PSI recommended continuing with the annual groundwater monitoring as a Post Active Remediation Monitoring strategy.

PSI has developed the proposal contained herein to continue the groundwater monitoring program for 2024. The recommended network is based on previous results and in accordance with our most recent groundwater report and Department recommendations. Additionally, the 2021 monitoring event revealed concentrations of PFAS compounds at two monitor wells (DMW009 and DMW015) above the Provisional Groundwater Cleanup Target Level (PGCTL) of 70 nanograms per liter (ng/L). PSI recommends continuing to monitor for the PFAS compounds.

PROPOSED SCOPE OF WORK

The proposal contained herein consists of conducting groundwater sampling and analysis, along with a report deliverable. The results will be used to evaluate current groundwater quality conditions.

Specifically, the proposed scope of work consists of the following subtasks:

1. Project Management

This scope is provided for in the template worksheets.

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. Shallow wells: MW002, MW006, MW007, MW010, MW011, MW012, MW013 and MW014.

ii. Deep well: DMW008, DMW009

iii. Recovery wells: RW003 and RW006.

c. Collected groundwater samples will be laboratory analyzed for Volatile Organic

Halocarbons (VOH) by EPA Method 8260. The analysis will be performed using a National Environmental Laboratory Accreditation Conference (NELAC) approved laboratory.

d. The investigative derived waste (IDW) will be containerized in a 55-gallon drum for later removal to an approved facility for treatment / disposal.

September 22, 2023, revised October 3, 2023, January 11, 2024 www.intertek.com/building

e. An Annual Groundwater Monitoring Report will be developed which will include current and historical data, with a comparison to state standards and consist of current groundwater elevation and quality data, and recommendations. Conclusions and recommendations will be made, which will include any modifications to the proposed annual groundwater sampling event.

3. PFAS Groundwater Monitoring and Report

a. PSI will collect groundwater samples for PFAS compounds during the same mobilization as the routine VOH monitoring.

i. Shallow wells: MW002, MW006, MW008, MW012, MW013, and MW015.

ii. Deep well: DMW008, DMW009

iii. Recovery wells: RW005.

b. Collected groundwater samples will be laboratory analyzed for per- and polyfluoroalkyl (PFAS) compounds PFAS by FDEP Method DEP SOP:LC-001-3. The analysis will be performed using the FDEP Central Laboratory in Tallahassee, a National Environmental Laboratory Accreditation Conference (NELAC) approved laboratory.

c. The investigative derived waste (IDW) will be containerized in a 55-gallon drum for later removal to an approved facility for treatment / disposal.

d. The PFAS data will be submitted to the Department in the routine VOH Groundwater Monitoring Report.

The schedule for deliverables and invoicing is presented below.

Hampton Cleaners ERIC_4713 Deliverables Deliverable Due Date

SubTask 1 Project Management Upon completion of Task Assignment

SubTask 2 Groundwater Monitoring and Report Sunday, June 30, 2024

Invoice Schedule Requirements for Invoice Submittal Amount to be Invoiced

SubTasks 1 & 2 - Submittal & approval of Groundwater Monitoring Report $11,111.73

September 22, 2023, revised October 3, 2023, January 11, 2024 www.intertek.com/building

COST ESTIMATE AND SCHEDULE

The estimated cost to perform the above described services is shown on the attached Cost Estimate and Level of Effort sheets, which includes groundwater sampling and analysis, and the report deliverable. All PSI services will be conducted in accordance with the terms and conditions contained within DEP Contract No. HW686, Bureau of Waste Cleanup Services, dated December 21, 2021. The Annual Groundwater Monitoring for VOH and PFAS will be scheduled for April 2024 with a report submittal in June 2024.

PSI appreciates the opportunity to be of service to the FDEP. If you have any questions, please feel free to contact us at (813) 886-1075 or (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

Z:\552-Env\FDEP HW 686 Drycleaning, Main Contract\0552-3615 Hampton-GWM-DC018A\Proposals\2024-01 GW, VOH , PFAS\Rev 1 Hampton ERIC_4713 0552-408921.docx

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Th e

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R oa d, T al la ha ss ee , F

S o r 4

03/24/2023 12:55 PM PAGE 1 OF 7

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

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D ep ar tm en t o f E nv iro nm en ta l P ro te ct io n, Bl ai r S to ne

R oa d, T al la ha ss ee , F

S o r 4

03/24/2023 12:55 PM PAGE 1 OF 7

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.

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

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

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.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated May 1, 2026.