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Item 11 Approval of National Pollutant Discharge Elimination System Monitoring Plan with Wood Environment & Infrastructure Solutions, Inc
ocoee florida AGENDA ITEM COVER SHEET Meeting Date: January 15, 2019 Item # Reviewed By: Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: Subject: National Pollutant Discharge Elimination System Monitoring Pla with Wood Environment& Infrastructure Solutions, Inc. Background Summary: The City has proactively met the annual stormwater monitoring and reporting requirements set forth in our National Pollutant Discharge Elimination System (NPDES) permit. The Florida Department of Environmental Protection (FDEP) has increased the monitoring requirements of the permit to identify potential high-loading areas that may benefit from future pollutant load reduction. This additional monitoring requires special collection equipment, laboratory testing along with analysis of data to be submitted to FDEP. Public Works is requesting Commission approval to utilize Wood Environment & Infrastructure Solutions, Inc. (Wood) through Orange County's Contract No. Y16-903B for Continuing Professional Lake Management Services to provide this specialized collection and testing. Public Works has been in contact with other municipalities to verify the pricing is in line with the scope of work. The $49,672.00 negotiated for these services fall within industry standards and is adequately funded in the Stormwater Division. Issue: Contract with Wood Environment & Infrastructure Solutions, Inc. through Orange County's Contract No. Y16-903B for Continuing Professional Lake Management Services for a NPDES Monitoring Plan. Recommendations: Recommend approval to issue a purchase order to Wood Environment & Infrastructure Solutions, Inc. through Orange County's Contract No. Y16-903B for Continuing Professional Lake Management Services for the required NPDES Monitoring Plan for a not to exceed amount of $49,672.00 and authorize the City Manager to approve and execute change orders to the work in accordance with the limits established in the Purchasing Code. Attachments: Wood Environment & Infrastructure Solutions, Inc. Task Proposal Orange County's Contract No. Y16-903B for Continuing Professional Lake Management Services is available on line at the following link: https://ftp.orangecountvfl.net/OrangeBids/Termcontracts/Iisttermcontract.asp?I D=132361&CT=application/ pdf&FN=Y16-903B.pdf Financial Impact: The work is adequately funded in the Stormwater Division budget for miscellaneous projects. Type of Item: (please mark with an `k') Public Hearing For Clerk's Dept Use: Ordinance First Reading )( Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. -,1- o o c?"o N/A Review ed by ( ) N/A 2 wood. NPDES MONITORING PLAN SCOPE OF SERVICES Prepared By Wood Environment&Infrastructure Solutions, Inc. INTRODUCTION The City is required to conduct monitoring for major stormwater outfalls within its jurisdiction to maintain compliance with its National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. The City has requested Wood to assist with the required monitoring. The monitoring portions of NPDES monitoring is performed to identify high-loading areas that may benefit from future pollutant load reduction best management practices (BMPs) and will be compiled and submitted to fit the formatting needs for the NPDES program. TASK 1 -ATTEND PROJECT KICK-OFF MEETING Wood representatives will attend a project start-up meeting with representatives of the City to review the overall project objectives, the scope of services, and the project schedule. Wood will review the available information compiled from previous NPDES efforts with the City and the City will provide any additional information required.The City and Wood will select four outfall locations that will require monitoring during this task. TASK 2 - NPDES MONITORING a. Surface Flow and Water Quality - Wood will collect surface water grab samples every month for up to twelve months, from four locations with major outfalls selected during Task 1.Water samples will be delivered to Test America for following analyses: (1) Total Kjeldahl Nitrogen (TKN) (2) Total Ammonia Nitrogen (TAN) (3) NOx (nitrite + nitrate) (4) Total Nitrogen (TKN+TAN) (5) Orthophosphate (6) Total Phosphorus (7) TSS (8) Alkalinity (9) Turbidity (10) Color (11) Fecal coliform A total of 48 surface water sample sets will be collected (4 locations x 12 monthly collection events). Flow will be measured at each collection location during each sample 'Wood'is a trading name for John Wood Group PLC and its subsidiaries • • • event. Using a multimeter, water quality parameters will also be collected during at each location and will include pH, specific conductance, temperature, and dissolved oxygen (% saturation and concentration). b. Stormwater Quality—Wood will collect and characterize flow-weighted stormwater samples at the northern Starke Lake inflow ditch. The stormwater autosampler will be deployed and programmed to collect flow-weighted samples following rain events not less than 0.25 inches for a total of eight rain events (four in wet season and four in dry season if possible) at each location. Samples will be analyzed for the same parameters as surface water quality above. Samples will be transported to and analyzed by Southern Research Laboratories, NELAP certification number E83484. TASK 3 - REPORTING It is anticipated that separate reports will be compiled for NPDES outfall monitoring. The exact format of these reports will depend on discussions with FDEP and the City. Each report will include a summary of the data and an analysis of the findings. SCHEDULE, DELIVERABLE, & BUDGET Wood can commence work on the above scope of services immediately upon receipt of an approved purchase order. The deliverable will various documents as described above as well as periodic data and summary data reports following completion of the 12-month data collection period. The total budget for this project is estimated not to exceed $49,672. The project will be invoiced monthly on a time and materials basis. Wood will not exceed the proposed total budget without advance approval from the City. We look forward to continuing to work with the City of Ocoee. We pledge to provide our services in the exemplary fashion that the City has come to expect from Wood. This proposal is valid for a period of 60 days. Page 2 • • • If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, Wood Environment&Infrastructure Solutions,Inc. o4, Lance Lumbard Michael D. Phelps Project Manager Office Manager LL/MP:jrb Attachments Page 3 • • • ACCEPTANCE AGREEMENT In Witness whereof, the parties hereto have executed this Scope of Work, accepted and agreed as of the day and year first written above. Attached is Wood's Terms & Conditions that will be made a part of this agreement. Wood Environment&Infrastructure Solutions,Inc. City of Ocoee BY: Michael D. Phelps, PE Richard Campanale, PE Title: Office Manager Title: I have the authority to bind the corporation I have the authority to bind the City of Ocoee Page 3 wood. Wood Environment & Infrastructure Solutions, Inc. (Wood) Terms and Conditions 1. COMPENSATION:Invoices will be submitted at least monthly for Services rendered.Terms of payment are net thirty(30)days from date of invoice.Payment will be made to Wood at the address specified on Wood's invoice.If CLIENT reasonably objects to all or any portion of an invoice,CLIENT shall notify Wood of that fact in writing within ten(10)days from the date of receipt of Wood's invoice,give reasons for the objection,and pay that portion of the invoice not reasonably in dispute. Failure of CLIENT to provide such written notice within the allowed ten(10)day period shall be deemed to be a waiver of all objections to that invoice. 2 STANDARD OF CARE: WOOD will perform the Scope of Services utilizing that degree of skill and care ordinarily exerdsed under similar conditions by reputable members of Wood's profession practidng in the same or similar locality at the time of performance. NO OTHER WARRANTY, GUARANTY, OR REPRESENTATION, EXPRESS OR IMPLIED, IS MADE OR INTENDED IN THIS AGREEMENT, OR IN ANY COMMUNICATION(ORAL OR WRITTEN),REPORT,OPINION,DOCUMENT,OR INSTRUMENT OF SERVICE,AND THE SAME ARE SPECIFICALLY DISCLAIMED,INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3.INDEPENDENT CONTRACTOR:Wood shall be fully independent and shall not act except as permitted herein,as an agent or employee of CLIENT.Wood shall be solely responsible for its employees and for their compensation,benefits,contributions,and taxes,if any.Unless otherwise agreed to in writing by Wood and CLIENT,neither party shall directly or indirectly solicit,hire or retain,or knowingly cause a third party to solicit,hire or retain,during the term of this Agreement and for a period of one(1)year after the date on which this Agreement terminates,any employee of the other party who works on the preparation of the Proposal or otherwise performs Services under or in connection with this Agreement.Nothing herein shall prevent either party from hiring any individual who responds to a general advertisement for services. 4.INSURANCE:Wood will maintain insurance for this Agreement in the following types and limits:(i)worker's compensation insurance as required by applicable law,(ii)comprehensive general liability insurance(CGL) ($1,000,000 per occurrence/$2,000,000 aggregate),and(iii)automobile liability insurance for bodily injury and property damage($1,000,000 CSL). 5. CHANGES:CLIENT may order changes within the general scope of the Services by altering,adding to,or deleting from the Services to be performed.Work beyond the scope of services or re-doing any part of the project through no fault of Wood,shall constitute extra work and shall be paid for on a time-and-materials basis in addition to any other payment provided for in this Agreement.Should Wood encounter conditions which were(i)not reasonably anticipated,including,but not limited to,changes in applicable law, (ii)subsurface or otherwise concealed physical conditions that differ materially from those indicated in this Agreement or(iii)unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in activities of the character contemplated by this Agreement,Wood shall promptly provide notice to CLIENT.CLIENT shall promptly investigate such conditions. If,in Wood's reasonable opinion,the conditions cause an increase or decrease in Wood's cost of,or time required for,performance of any part of its Services,CLIENT shall issue a Change Order with an equitable adjustment in Wood's compensation,schedule,or both.In the event no Change Order is agreed to,Wood reserves the right to either(i)suspend its performance until a Change Order is agreed to or(0)discontinue its performance and terminate this Agreement. 6. FORCE MAJEURE:Should performance of Services by Wood be affected by causes beyond its reasonable control,Wood will be granted a time extension and the parties will negotiate an equitable adjustment to the price,where appropriate,based upon the effect of the Force Majeure on performance by Wood. 7.CLIENT'S RESPONSIBIUTIES:CLIENT agrees to provide Wood all available material,data,and information pertaining to the Services. 8.SITE ACCESS:CLIENT shall at its cost and at such times as may be required by Wood for the successful and timely completion of Services:(i)provide unimpeded and timely access to any site,including third party sites if required(ii)provide an adequate area for Wood's site office facilities,equipment storage,and employee parking;(iii)furnish all construction utilities and utilities releases necessary for the Services;(v)provide the locations of all subsurface structures,including piping,tanks,cables,and utilities;(v)approve all locations for digging and drilling operations;and(vi)obtain all permits and licenses which are necessary and required to be taken out in CUENTs name for the Services.Wood will not be liable for damage or injury arising from damage to subsurface structures that are not called to its attention and correctly shown on the plans furnished to Wood in connection with its work. 9.WARRANTY OF TITLE,WASTE OWNERSHIP:CLIENT has and shall retain all responsibility and liability for the environmental conditions on the site.Title and risk of loss with respect to all materials shall remain with CLIENT At no time will Wood assume possession or title,constructive or express,to any such materials,including samples and wastes. 10.UMITATION OF LIABILITY: CUENT's sole and exclusive remedy for any alleged breach of Wood's standard of care hereunder shall be to require Wood to re-perform any defective Services.All claims by CLIENT shall be deemed relinquished unless filed within one(1)year after substantial completion of the Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW,CLIENT AGREES THAT THE LIABILITY OF WOOD TO CLIENT FOR ANY AND ALL CAUSES OF ACTION,INCLUDING,WITHOUT LIMITATION, CONTRIBUTION,ASSERTED BY CLIENT AND ARISING OUT OF OR RELATED TO THE NEGLIGENT ACT(S),ERROR(S)OR OMISSION(S)OF WOOD IN PERFORMING SERVICES,SHALL BE LIMITED TO FIFTY THOUSAND DOLLARS($50,000)OR THE TOTAL FEES ACTUALLY PAID TO WOOD BY CLIENT UNDER THE AGREEMENT WITHIN THE PRIOR ONE(1)YEAR PERIOD,WHICHEVER IS LESS ("LIMITATION"). CLIENT HEREBY WAIVES AND RELEASES(I)ALL PRESENT AND FUTURE CLAIMS AGAINST WOOD OTHER THAN THOSE DESCRIBED IN THE PRECEDING SENTENCE,AND(II) ANY LIABILITY OF WOOD IN EXCESS OF THE LIMITATION. In consideration of the promises contained herein and for other separate,valuable consideration,the receipt and sufficiency of which are hereby acknowledged,CLIENT acknowledges and agrees that(i)but for the Limitation,Wood would not have performed the Services,(ii)it has had the opportunity to negotiate the terms of the Limitation as part of an"anus-length"transaction,(iii) the Limitation amount may differ from the amount of professional liability insurance carried by Wood,(iv)the Limitation is merely a limitation of,and not an exculpation from,Wood's liability and does not in any way obligate CLIENT to defend,indemnify or hold harmless Wood,(v)the Limitation is an agreed remedy,and(vi)the Limitation amount is neither nominal nor a disincentive to Wood performing the Services in accordance with the Standard of Care. Wood and CLIENT shall each waive any right to recover from the other party for any special,incidental,indirect,or consequential damages(including lost profits and loss of use)incurred by either Wood or CLIENT or for which either party may be liable to any third party,which damages have been or are occasioned by Services performed or reports prepared or other work performed hereunder. CLIENT agrees that the damages for which Wood shall be liable are limited to that proportion of such damages which is attributable to Wood's percentage of fault subject to the other limitations herein. 11.INDEMNITY:CUENT agrees to defend,indemnify,protect and hold harmless Wood and its officers,employees and agents from any and all claims,liabilities,damages or expenses,including but not limited to delay of the project,reduction of property value,fear of or actual exposure to or release of toxic or hazardous substances,and any consequential damages of whatever nature,which may arise directly or indirectly,to any party,as a result of the services provided by Wood under this Agreement,unless such injury or loss is caused by the sole negligence of Wood. 12.ASSIGNMENT AND SUBCONTRACTING:Neither party shall assign its interest in this Agreement without the written consent of the other.If services are required in New York,Wood will arrange for such services to be provided by an associated firm and this agreement,where required,shall be deemed to be directly between the CLIENT and the licensed firm for all purposes related to the specific scope of services. Wood shall retain responsibility in accordance with this Agreement for all services performed. 13.COST ESTIMATES:If included in the Services,Wood will provide cost estimates based upon Wood's experience on similar projects,which are not intended for use by CLIENT or any other party in developing firm budgets or financial models,or in making investment decisions.Such cost estimates represent only Wood's judgment as a professional and,if furnished,are only for CUENT's general guidance and are not guaranteed as to accuracy. 14.TERMINATION: Either party may terminate this Agreement at any time by providing not less than ten(10)days advance written notice to the other party. In the event of a termination,CLIENT shall pay for all reasonable charges for work performed and demobilization by Wood to date of notice of termination.The limitation of liability and indemnity obligations of this Agreement shall be binding notwithstanding any termination of this Agreement. 15. GOVERNING LAWS/LANGUAGE:This Agreement shall be governed and construed in accordance with the laws of the state of the Wood office entering into this Agreement.All communications relating to or arising out of this Agreement shall be in the English language. 16.FIELD REPRESENTATION:The Services do not include supervision or direction of the means,methods or actual work of other consultants,contractors and subcontractors not retained by Wood.The presence of Wood's representative will not relieve any such other party from its responsibility to perform its work and services in accordance with its contractual and legal obligations and in conformity with the plans and specifications for the project. CLIENT agrees that each such other party will be solely responsible for its working conditions and safety on the site. Wood's monitoring of the procedures of any such other party is not intended to include a review of the adequacy of its safety measures. It is agreed that Wood is not responsible for safety or security at a site,other than for Wood's employees,and that Wood does not have the contractual duty or legal right to stop the work of others. 17. DISPUTES:Any dispute arising hereunder shall first be resolved by taking the following steps,where a successive step is taken if the issue is not resolved at the preceding step:1)by the technical and contractual personnel for each party performing this Agreement,2)by executive management of each party,3)by mediation,or 4)through the court system of the state of the Wood office that is entering into this Agreement CUENT hereby waives the right to trial by jury for any disputes arising out of this Agreement Except as otherwise provided herein,each party shall be responsible for its own legal costs and attorneys'fees. 18.EXCLUSIVE USE:Services provided under this Agreement,including all reports,information or recommendations prepared or issued by Wood,are for the exclusive use of the CUENT for the project specified.No other use is authorized under this Agreement.CLIENT will not distribute or convey Wood's reports or recommendations to any person or organization other than those identified in the project description without Wood's written authorization.CUENT releases Wood from liability and agrees to defend,indemnify,protect and hold harmless Wood from any and all claims,liabilities,damages or expenses arising,in whole or in part,from such unauthorized distribution.All reports,drawings,plans,documents,software,source code,object code,field notes and work product(or copies thereof)in any form prepared or furnished by AMEC under this Agreement are instruments of service. Exclusive ownership,copyright and title to all instruments of service remain with AMEC. 19.ENTIRE AGREEMENT:The terms and conditions set forth herein constitute the entire understanding and agreement of Wood and CUENT with respect to the Services.All previous proposals,offers,and other communications relative to the provisions of these Services are hereby superseded.Should CLIENT utilize its purchase order or any other form to procure services,CLIENT acknowledges and agrees that its use of such purchase order or other form is solely for administrative purposes and in no event shall Wood be bound to any terms and conditions on such purchase order or other form,regardless of reference to(e.g.on invoices)or signature upon(e.g.acknowledgement)such purchase order or other form by Wood.CLIENT shall reference this Agreement on any purchase order or other form it may issue to procure Wood services,but CUENTs failure to do so shall not operate to modify this Agreement 20. NO INDIVIDUAL LIABILITY. PURSUANT TO FLORIDA STATUTE §558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. US T&C 4-2018 FEE SCHEDULE 8888888888888888888885 888 888 8 008 000 » 0o $ o&oo000800 0 L 8888888888888888888882 888 888 g 7 . 7.22aZqvTa2»»22:45'.25, 222 2222 222 g ry ry ' m 2 8888888888888888888888 88 88888 8 1 600 noN8o00o02oo0M00o ,; o000 8882» ` a 8888888888888888888888 88 8888 288888°°00008N 8 « « a « m ry m O 21.kiE2E1521?''RE4.2 1223.88822 I z --- J - - y ifi '1e c =E aw,o am E`e - ,, E zzo ss„ w»ya 8 a _ _ ___ ,Y4YY33 7 _ E _ U pa U ma-'a ___ A<EG,j u` =E"E - cE Z,o _ _____ tEEE!!! S E—_i2 �_ oa A 68 1 !oaoaoowww�«-��.�aaagym _ yuu>a'LL:>i cl w: H SUBCONSULTANT PROPOSALS TestAmerica TestAmerica THE LEADER IN ENVIRONMENTAL TESTING TestAmerica Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Tel: (813) 885-7427 Fax: (813) 885-7049 December 14, 2018 www.testamericainc.com Lance Lumbard Wood E&I Solutions Inc 550 Northlake Blvd Suite 1000 Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Subject: Request for Pricing City of Ocoee-NPDES Monitoring Quote Number: 66013499-2 Dear Lance Lumbard, On behalf of TestAmerica Laboratories, Inc., I am pleased to submit our quotation for your City of Ocoee-NPDES Monitoring project. TestAmerica is committed to making your project a success and we offer the full resources of our network of laboratories. Haukur Gudnason, Project Manager,will coordinate project activities for this work. Haukur Gudnason can be reached by phone at 813 280-8342 or via email at haukur.gudnason@testamericainc.com. We thank you for choosing TestAmerica, and we look forward to working with you for this project. The following quotation contains a detailed price breakdown, as well as any notes and clarifications pertaining to your project. This quotation is subjec to TestAmerica's Standard Terms and Conditions, unless otherwise agreed upon in writing. Should you have any further questions or require additional information about our analytical services, please feel free to contact me at 770 841-5003 or via email at the address listed below. Sincerely, Chanell Slaughter Client Relations Manager chanell.slaughter@testamericainc.com Issued on: 12/14/2018 Page 1 of 10 TestAmerica Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Slaughter,Chanell Wood E&I Solutions Inc Date 12/14/2018 550 Northlake Blvd Expiration Date 3/6/2019 Suite 1000 Est.Start Date Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 I Project:City of Ocoee-NPDES Monitoring Quote Number:66013499-2 Water TAT:7_Days(Business Days) Matrix Method Test Description Quantity Unit Extended Price Price Water 365.1 Total Phosphorus 48 $18.00 $864.00 Water 2540 D-2011 Total Suspended Solids,(TSS) 48 $10.00 $480.00 Water 2130B-2011 Turbidity 48 $10.00 $480.00 Water 9222 D-2006 Fecal Coliforms,(Membrane Filter) 48 $20.00 $960.00 Water TAT:7_Days (Business Days) (to be analyzed by Savannah) Matrix Method Test Description Quantity Unit Extended Price Price Water 351.2-1993 R2.0 Total Kjeldahl Nitrogen,(TKN) 48 $20.00 $960.00 Water 353.2-1993 R2.0 Nitrate+Nitrite 48 $15.00 $720.00 Water Total Nitrogen Total Nitrogen-Calculation Only 48 $0.00 $0.00 Water 350.1-1993 R2.0 Ammonia Nitrogen 48 $18.00 $864.00 Water 365.1-1993 R2.0 Orthophosphate 48 $18.00 $864.00 Water 2320B-2011 Alkalinity 48 $18.00 $864.00 Water 2120B-2011 Color,Colorimetric 48 $10.00 $480.00 Total Water $7,536.00 Quote Other Charges Description Quantity Unit Extended Price Price Safe and Environmentally Responsible Waste Management(per sample) 48 $2.50 $120.00 Total Other Charge $120.00 Total Other Charges $ 120.00 Total Analysis Charges $7,536.00 Grand Total for Quote 66013499 $7,656.00 **Quoted charges do not include sales tax. Applicable sales tax will be added to invoices where required by law. Issued on: 12/14/2018 Page 2 of 10 TestAmerica Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Slaughter,Chanell Wood E&I Solutions Inc Date 12/14/2018 550 Northlake Blvd Expiration Date 3/6/2019 Suite 1000 Est.Start Date Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Project City of Ocoee-NPDES Monitoring Quote Number:660 13499-2 PROJECT DETAILS TestAmerica Business Terms& Confidentiality- Conditions This quote has been prepared by TestAmerica Laboratories, Inc. ("TestAmerica"),solely for the use of the customer to whom it is addressed in evaluating TestAmerica's qualifications and capabilities in connection with a particular project.The user of this document agrees by its acceptance to return it to TestAmerica upon request and not to reproduce, copy, lend,or otherwise disclose its contents, directly or indirectly, and not to use it for any purpose other than that for which it was specifically provided. The user also agrees that where consultants or other outside parties are involved in the evaluation process, access to this document shall not be given to said parties unless those parties also specifically agree to these conditions. In the absence of signed acceptance,submittal of samples will indicate acceptance of this quotation. Terms and Conditions- This quotation is based solely upon TestAmerica's standard product(routine QA/QC,detection limits,deliverables and standard turnaround times)and noted exceptions herein. The discounts incorporated into the pricing are based upon the sample quantity,test method, and schedule quoted. Any deviations may impact pricing and/or the acceptance of work. Final acceptance of this work is contingent upon a mutually agreed Sample Delivery Schedule.All sales are subject to TestAmerica's Terms and Conditions unless alternative terms have been agreed to in writing. Submittal of samples will indicate acceptance of this quotation. Quote Expiration - Pricing listed in the proposal will expire 90 days from the quote date unless the project is awarded/confirmed within that time period. Unless otherwise set forth in this quotation, TestAmerica reserves the right to re-evaluate pricing for extended length projects on an annual basis. SERWM- A fee, notated as Safe and Environmentally Responsible Waste Management(SERWM),will be applied to all invoices for each sample processed by the laboratory. PROJECT SETUP Field Sampling Products- TestAmerica can provide field sampling products upon request and these products are billable to the client at the time of shipment. Field sampling products may include, but are not limited to: • VOA sampling devices, preservation kits, ISM supplies, tubing and filters • Industrial Hygiene media, surface sampling wipes, source sampling traps The cost of the soil sampling devices is not included in the quoted rates for volatile analysis. Core Samplers • 5 gram Core N'One and EnCore samplers are available at$10 each(three required per sample). • Disposable Core N' One T-Handles are available at$15 each. • TestAmerica does not supply EnCore T-Handles. Field Preservation • TerraCore Kits(varied)-quoted based on client required configurations Issued on: 12/14/2018 Page 3 0110 • TestAmerica Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Slaughter,Chanel) Wood E&I Solutions Inc Date 12/14/2018 550 Northlake Blvd Expiration Date 3/6/2019 Suite 1000 Est.Start Date Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Project-City of Ocoee-NPDES Monitoring Quote Number:66013499-2 • Disposable Lock N' Load Handles are available at$12 each. If any sampling supplies for soil VOCs are requested,they will be included in the quote under Other Charges. Coolers and Sampling Supplies- • Sampling Supplies:TestAmerica will provide sample containers and coolers to support the sampling of water and soil samples. Extra bottles may be provided(up to 10%)in case of breakage. TestAmerica expects that samples and supplies will be returned to the lab, including empty coolers and a reasonable percentage of the projected sample load-70% or higher of the expected/quoted sample number. Coolers not received back by the projected deadline or as agreed with the PM may be charged at$30 per cooler. Similarly, if the sample containers received as samples are less than 90%of the containers provided, the sample containers not received as samples will be charged at a flat rate of$1 per container. • Sample Container Shipping:The containers and preservatives required by the project shall be delivered via ground transportation. A minimum of 5 business days advance notice is required in order to achieve shipment by ground transportation. Supply shipments requiring priority delivery due to insufficient lead time for ground transportation shall be charged to the client at TestAmerica's cost. Alternatively,TestAmerica can ship the supplies via carrier of choice by the client using the client's shipping account. TestAmerica does not supply wet ice or blue ice for shipments. If shipping containers are not returned within 60 days, a charge for the containers will be billed at the current market rate. Please contact your PM for the current charges. Courier Services and Sample Pick-Up- Courier Services are offered by some TestAmerica facilities. Where offered,the cost of the services will vary based on the distance traveled,the scope of the project being supported, and whether sufficient notice(typically 48 hours)is provided to facilitate efficient scheduling. If no details are described in this quotation and you are interested in learning more about courier options, please contact your Client Relations Manager or Project Manager to inquire about availability and cost. Minimum Log-In Charges- TestAmerica's minimum charge is$100 for a group of samples received together for analysis. Our minimum invoice value is$100. QC Limit Disclaimer- The laboratory's reporting limits, detection limits, and control limits are subject to change as these values are updated periodically to reflect analytical sensitivity and capability. Turnaround Time- • Quoted Turnaround Time-Data will be delivered at the proposed turnaround time in Business Days from Sample Receipt unless otherwise agreed upon.TAT begins the day the laboratory performing analyses receives the samples(day of lab receipt=day zero). Samples received after 11 AM will be considered received the next business day. • Expedited Turnaround Time: Expedited turnaround times may be available and must be pre-approved by the laboratory. Expedited turnaround delivery is contingent upon meeting Issued on: 12/14/2018 Page 4 of 10 TestAmerica Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Slaughter,Chanell Wood E&I Solutions Inc Date 12/14/2018 550 Northlake Blvd Expiration Date 3/6/2019 Suite 1000 Est.Start Date Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Project:City of Ocoee-NPDES Monitoring Quote Number:660 13499-2 the agreed upon delivery date/time and number of samples. Samples received after 11 AM will be considered received the next business day. Results will be provided via e-mail or TotalAccess by close of business in the lab's time zone unless another time has been agreed to in advance. Expedited turnaround time surcharges for standard analyses are: - 5 Business Days TAT=30% - 4 Business Days TAT=45% - 3 Business Days TAT=60% - 2 Business Days TAT=75% - 1 Business Day TAT= 100% Different surcharges may apply for specialty analyses. These will be provided in your quotation. Weekend TAT can be arranged on a project-specific basis at an additional cost. Please contact your PM to inquire about availability and cost. PROJECT DELIVERABLES TestAmerica will provide two analytical report formats, a final report in PDF format and a standard TestAmerica EDD. Both electronic report formats will be delivered via email or web portal. If additional formats or retroactive deliverables are requested, costs of report generation will be billable. Charges will be based on labor and materials cost of report generation and data retrieval. Please contact your PM to inquire about availability and the price of additional deliverables. • Report Format: Unless a level III or IV deliverable is specifically listed on the pricing page, this quotation includes delivery of a Level I or II report. Level III or IV reports are available at an additional charge. • Electronic Data Deliverable Format: TestAmerica has many EDD formats available to our clients including the most widely used commercial formats. TestAmerica offers data using a standard EDD. Other EDD formats are available for a minimal cost of$25 per format(if not included as part of the report options listed in the quotation). The development of EDD formats that are not already available, including modification to existing formats to fit client specific needs, can be provided for a fee starting at$100. Additional fees will be estimated by the lab and approved by the client. Additional programming fees are billed at$50/hour. PROJECT SPECIFICATIONS Cancellation Fee- A fee will be charged for cancellation of samples/analyses after a project is received in the laboratory. The fee will be based on the status of analysis at the time of cancellation in accordance with the following categories: • Received -35% • Prepped -50% • Analyzed -95% Changes in Scope and Work Revisions- Project requirements must be agreed upon prior to sample receipt. Samples will be logged according to the chain of custody received with the samples. Changes after initiation of the project will be subject to additional charges, including labor time required to reset project, communicate changes to laboratory staff, and rework data. Turnaround time will be reset or Issued on: 12/14/2018 Page 5 of 10 TestAmerica Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Slaughter,Chanel) Wood E&I Solutions Inc Date 12/14/2018 550 Northlake Blvd Expiration Date 3/6/2019 Suite 1000 Est.Start Date Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Project-City of Ocoee-NPDES Monitoring Quote Number:66013499-2 rush surcharges will be assessed where applicable. Analyses added with less than 1/2 of the analytical hold time remaining will incur rush turnaround charges. Your project manager will evaluate project specific charges at the time a change order is received. Held Samples - • Held samples not analyzed: Samples submitted on hold will be billed at 35%of the analysis fee(minimum $10/sample). If samples are later analyzed, the handling fee will be waived and only the analysis price will be charged. Samples taken off hold with less than 1/2 of the analytical hold time remaining may incur rush turnaround charges. Samples will be disposed of 30 days after the report for analyzed samples in the same job is issued, unless alternate archival arrangements are made in advance. • Extracted/Prepped and Held samples: Samples submitted for prep and hold will be billed at 60%of the analysis fee for each prepped sample(minimum$30/sample). Samples taken off hold with less than 1/2 of the analytical hold time remaining may incur rush turnaround charges. Samples will be disposed of 30 days after the report for analyzed samples in the same job is issued, unless alternate archival arrangements are made in advance. • Extended archival of samples: Extended archival of samples(including held samples)may be available for a fee starting at$2 per container per month(minimum$10/sample). This fee will be billed in advance on a quarterly basis for every quarter after the standard sample retention time of 30 days after the report is issued. Fees for larger volumes, non-standard matrices or cold storage will be negotiated on a case-by-case basis. Please contact your PM to inquire about availability and pricing for samples that are sent to the lab and archived. Matrix Spike/Spike Duplication(MS/MSD)Samples- When MS/MSDs are not specifically requested,TestAmerica will strive to perform the required QC using whatever sample is available but will not report the QC results unless the client requests it. The reporting of client requested MS/MSD results will be charged at applicable unit rates. If MS/MSDs are specifically required or requested,the client must provide additional sample volume. Multiple Dilutions Analyzed- TestAmerica strives to analyze samples without dilution or with the minimum dilution required. Samples are diluted to bring the primary analyte within the calibration range of the instrument, to compensate for matrix co-extractives, or to prevent instrument contamination. TestAmerica will report the analytical run containing the highest concentration component/analyte in the sample within the calibrated(quantifiable)range of the method. Analytical screening runs are not reported. If project specific data quality objectives require additional runs, analyses will be billable unless otherwise noted in this quote. Please contact your PM to inquire about the availability of this service for your project. Sample Disposal- TestAmerica will dispose of non-hazardous samples, sample extracts and digestates 30 days after the final report is issued. Charges for disposal of non-routine or uniquely hazardous samples will be billed to the client. Alternatively, samples can be returned to the client for disposal. Cost of return shipping will be billable to the client. Special Sample Handling Fees- Unit prices assume that samples are a single-phase matrix and that analyses can be performed Issued on: 12/14/2018 Page 6 of 10 • TestAmerica Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Slaughter,Chanel) Wood E&I Solutions Inc Date 12/14/2018 550 Northlake Blvd Expiration Date 3/6/2019 Suite 1000 Est.Start Date Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Project City of Ocoee-NPDES Monitoring Quote Number:66013499-2 in accordance with the laboratory's standard analytical procedures. If additional handling is required, additional fees may apply. Examples of special handling include(but are not limited to): • Matrices requiring additional dilutions or special clean up steps • Multiphasic samples requiring separate preparations and/or analyses • Particle size reduction or special sub-sampling procedures • Extra disposal costs for unique waste streams Trip Blanks- TestAmerica typically provides trip blanks with our sample kits containing volatile analysis. When samples are received at the laboratory with trip blanks,the lab will analyze, report and charge the unit rate for the analysis. Please add this sample to your chain of custody. If you do not want the trip blank analyzed, please note this on the COC. ADDITIONAL BUSINESS TERMS AND CONDITIONS Environmental Management Fee If this fee is included in the Other Charges section of the pricing page, a fee equal to the listed percentage of the total invoice amount will be applied to all work done under this quotation. The Fee will appear as a separate line item on each invoice. In the absence of any other firm pricing agreements,your sending work to us under this quotation will signify your acceptance of responsibility for payment of the Fee. Field Parameters- pH,Temperature, and Dissolved Oxygen analyses, along with Residual Chlorine screening, are properly performed and treated in the field at the time of sample collection. Laboratory analysis may result in a holding time exceedance qualifier. Network or Subcontract Labs- • Networking: TestAmerica reserves the right to perform the services at any laboratory in the TestAmerica network, unless the Client has required a particular location for the work. • Subcontracting: TestAmerica reserves the right to subcontract services ordered by the Client to another laboratory or laboratories, if, in TestAmerica's sole judgment, it is reasonably necessary, appropriate or advisable to do so. TestAmerica will make every effort to notify the client prior to delivering samples to an out-of-network laboratory. TestAmerica will in no way be liable for any subcontracted services(outside the TestAmerica network)except for work performed at laboratories which have been audited and approved by TestAmerica. Price Surcharge Due To Sample Volume- Unless dictated by contract,this quotation is based on the scope of work defined in the quote request. If the volume of samples submitted is less than 70%of the projected volume, a surcharge of 10%of the total project cost may be assessed. Professional and Administrative Services- A variety of professional and administrative services are available. Prices for services not specifically detailed in this quotation will be billed in accordance with TestAmerica's Professional Rate Schedule. Taxes- Where reports are issued in or delivered to a state which assesses sales tax on TestAmerica's Issued on: 12/14/2018 Page 7 of 10 TestAmerica Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Slaughter,Chanell Wood E&I Solutions Inc Date 12/14/2018 550 Northlake Blvd Expiration Date 3/6/2019 Suite 1000 Est.Start Date Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Project.-City of Ocoee-NPDES Monitoring Quote Number. 66013499-2 services, applicable sales taxes will be added to the invoice as required by law, unless an appropriate sales tax exemption form is on file with TestAmerica. Rev: 11/22/2016 Issued on: 12/14/2018 Page 8 of 10 TestAmerica Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Slaughter,Chanel) Wood E&I Solutions Inc Date 12/14/2018 550 Northlake Blvd Expiration Date 3/6/2019 Suite 1000 Est.Start Date Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Project City of Ocoee-NPDES Monitoring Quote Number:66013499-2 Water Matrix Method Test Description Analyte RL MDL Units Water 365.1 Total Phosphorus Phosphorus,Total(As P) 0.0100 0.00300 mg/L RL RL Units Water 2540 D-2011 Total Suspended Solids,(TSS) Total Suspended Solids 5.00 5.00 mg/L RL RL Units Water 2130B-2011 Turbidity Turbidity 0.500 0.500 NTU RL RL Units Water 9222 D-2006 Fecal Coliforms,(Membrane Filter) Coliform,Fecal 1.00 1.00 ;FU/100m1 RL MDL Units Water 351.2-1993 R2.0 Total Kjeldahl Nitrogen,(TKN) Nitrogen,Kjeldahl 0.200 0.100 mg/L RL MDL Units Water 353.2-1993 R2.0 Nitrate+Nitrite Nitrate Nitrite as N 0.0500 0.0100 mg/L RL MDL Units Water Total Nitrogen Total Nitrogen-Calculation Only Nitrogen,Total 0.250 0.110 mg/L RL MDL Units Water 350.1-1993 R2.0 Ammonia Nitrogen Ammonia 0.250 0.100 mg/L RL MDL Units Water 365.1-1993 R2.0 Orthophosphate ortho-Phosphate 0.0500 0.0160 mg/L RL MDL Units Water 2320B-2011 Alkalinity Total Alkalinity 5.00 5.00 mg/L RL RL Units Water 2120B-2011 Color,Colorimetric Color 5.00 5.00 PCU pH at time of analysis 2.00 2.00 SU Issued on: 12/14/2018 Page 9 of 10 TestAmerica Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Slaughter,Chanel) Wood E&I Solutions Inc Date 12/14/2018 550 Northlake Blvd Expiration Date 3/6/2019 Suite 1000 Est.Start Date Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Project:City of Ocoee-NPDES Monitoring Quote Number 660 13499-2 Analytical Sample Information Analysis Client Sub List Desc Method Matrix Preservative Container Volume Required Holding Time Alkalinity Alkalinity 2320B Water None Plastic 250m1-unpreserved 100 mL 14 Days Coliforms,Fecal(Membrane Filter) Fecal Coliforms,(Membrane Filter) 9222D Water Sodium Thiosulfate Sterile w/thio 100 mL 200 mL 8 Hours • Color,Colorimetric Color,Colorimetric 2120B Water None Amber Glass 500mL- 300 mL 48 Hours unpreserved Nitrogen,Ammonia Ammonia Nitrogen 350.1 Water Sulfuric Acid Plastic 250m1-with Sulfuric 50 mL 28 Days Acid Nitrogen,Nitrate-Nitrite Nitrate+Nitrite 353.2 Water None Plastic 125mL- 1 NONE 48 Hours Nitrate/Nitrite Kit Nitrogen,Total Total Nitrogen-Calculation Only Nitrogen,Total Water Sulfuric Acid Plastic 250m1-with Sulfuric 30 mL 28 Days Acid Nitrogen,Total Kjeldahl Total Kjeldahl Nitrogen,(TKN) 351.2 Water Sulfuric Acid Plastic 250m1-with Sulfuric 60 mL 28 Days Acid Phosphorus,Ortho Orthophosphate 365.1_Ortho Water None Plastic 125mL- 25 mL 48 Hours unpreserved Phosphorus,Total Total Phosphorus 365.1 Water Sulfuric Acid Plastic 250m1-with Sulfuric 50 mL 28 Days Acid Solids,Total Suspended(TSS) Total Suspended Solids,(TSS) 2540D Water None Plastic 1 liter-unpreserved 1000 mL 7 Days Turbidity Turbidity SM2130B Water None Plastic 250m1-unpreserved 50 mL 48 Hours Hold Times listed above represent the minimum allotted time between sampling and lab extraction,prep or analysis. Multiple analyses may be consolidated into fewer containers. Please contact your Project Manager for clarification when requesting sample containers. Except for some special tests,all samples should be kept cold at 6 degrees C. Issued on: 12/14/2018 Page 10 of 10 TestAmerica THE LEADER IN ENVIRONMENTAL TESTING TESTAMERICA TERMS AND CONDITIONS OF SALE(Short Form) When a purchaser (Client) places an order for laboratory, consulting or 2. PAYMENT TERMS sampling services from TestAmerica Laboratories, Inc., a Delaware corporation (TestAmerica), TestAmerica shall provide the ordered services 2.1 Services performed by TestAmerica will be in accordance with prices pursuant to these Terms and Conditions and the related Quotation or Price quoted and later confirmed in writing or as stated in the Price Schedule. Schedule,or as agreed in a negotiated contract. In the absence of a written Quoted prices do not include sales tax. Applicable sales tax will be added to agreement to the contrary, a client order constitutes an acceptance by the invoices where required by law. Client of TestAmerica's offer to do business under these Terms and 2.2 Invoices may be submitted to Client upon completion of any sample Conditions,and an agreement to be bound by these Terms and Conditions. delivery group. Billing corrections must be requested within 30 days of Receipt of a Client's samples at a TestAmerica laboratory constitutes invoice date. Payment in advance is required for all clients except those acceptance of these Terms and Conditions (in the absence of any other whose credit has been established with TestAmerica. For clients with negotiated contract). No contrary or additional terms and conditions approved credit, payment terms are net 30 days from the date of invoice by expressed in a Client's document shall be deemed to become a part of the TestAmerica, unless alternative terms have been agreed in a separate contract created upon acceptance of these Terms and Conditions, unless written agreement. Payment shall be made without retainage,and shall not accepted by TestAmerica in writing. be contingent upon the receipt of funds from third parties. All overdue payments are subject to an additional interest and service charge of one and 1. ORDERS AND RECEIPT OF SAMPLES one half percent(1.5%)(or the maximum rate permissible by law,whichever 1.1 A Client may place an order(i.e., specify a Scope of Work) either by is less) per month or portion thereof from the due date until the date of submitting a purchase order to TestAmerica in writing or by telephone payment. All fees are charged or billed directly to the Client. The billing of a subsequently confirmed in writing, or by negotiated contract. Whichever third party will not be accepted without a statement,signed by the third party, option the Client selects for placing an order, the order shall not be valid acknowledging and accepting payment responsibility in accordance with unless it contains sufficient specification to enable TestAmerica to carry out these payment terms. the Client's requirements. In particular, samples must be accompanied by: 2.3 If Client fails to make timely payment of its invoices, TestAmerica a) adequate instruction on type of analysis requested, and b) complete reserves the right to pursue all appropriate remedies, including withdrawing written disclosure of the known or suspected presence of any hazardous certifications, suspending work and withholding delivery of data under this substances,as defined by applicable federal or state law. If a Client fails to order without recourse. Client shall be responsible for all reasonable fees, provide these required disclosures accompanying the submission of expenses,and costs of collection including but not limited to arbitrator's and samples, and such failure results in an interruption in the lab's ability to attorney's fees. TestAmerica reserves the right to refuse to proceed with process work due to contamination of instruments or work areas,the Client work at any time based upon an unfavorable Client credit report. will be responsible for the costs of clean-up and recovery. 1.2 The Client shall provide one week's advance notice of the sample 3. CHANGE ORDERS,TERMINATION delivery schedule,or any changes to the schedule,whenever possible. Upon timely delivery of samples, TestAmerica will use its best efforts to meet 3.1 Changes to the Scope of Work, price, or result delivery date may be mutually agreed turnaround times. All turnaround times will be calculated initiated by TestAmerica after Sample Delivery Acceptance due to any from the point in time when TestAmerica has determined that it can proceed condition which conflicts with analytical, QA or other protocols warranted in with defined work following receipt, inspection of samples, and resolution of these Terms and Conditions. TestAmerica will not proceed with such any discrepancies in Chain-of-Custody forms and project guidance regarding changes until an agreement with the Client is reached on the amount of any work to be done(Sample Delivery Acceptance). Rush turnaround times not cost, schedule change or technical change to the Scope of Work,and such requested in advance of the delivery of samples and specifically agreed to agreement is documented in writing. by the lab are not guaranteed. If the Client changes the sample delivery 3.2 Changes to the Scope of Work, including but not limited to increasing schedule prior to Sample Delivery Acceptance, TestAmerica reserves its or decreasing the work, changing test and analysis specification, or rights to modify its turnaround time commitment, change the date upon acceleration in the performance of the work may be initiated by the Client which TestAmerica will accept samples, or refuse Sample Delivery after Sample Delivery Acceptance. Such change must be documented in Acceptance for the affected samples. writing and may result in a change in cost and turnaround time commitment. 1.3 TestAmerica reserves the right, exercisable at any time, to refuse or TestAmerica's acceptance of such changes is contingent upon technical revoke Sample Delivery Acceptance for any sample which in the sole feasibility and operational capacity. judgment of TestAmerica: a)is of unsuitable volume; b) may pose a risk or 3.3 Suspension or termination of all or any part of the work may be initiated become unsuitable for handling, transport, or processing for any health, by the Client. TestAmerica will be compensated consistent with Section 2 of safety,environmental or other reason,whether or not due to the presence of these Terms and Conditions. TestAmerica will complete all work in progress any hazardous substance in the sample and whether or not such presence and be paid in full for all work completed. has been disclosed to TestAmerica by the Client;or c)holding times cannot be met,due to passage of more than 48 hours from the time of sampling or 1/2 the holding time for the requested test,whichever is less. 4. WARRANTIES AND LIABILITY 1.4 Prior to Sample Delivery Acceptance,the entire risk of loss or damage 4.1 Where applicable, TestAmerica will use appropriate and approved to samples remains with the Client, except where TestAmerica provides analytical test methods. TestAmerica has referenced these methods in its courier services. In no event will TestAmerica have any responsibility or Laboratory Quality Manuals and has documented them in Standard liability for the action or inaction of any carrier shipping or delivering any Operating Procedures. TestAmerica reserves the right based on its sample to or from TestAmerica's premises. Client is responsible for assuring reasonable judgment to deviate from these methodologies as necessary or that any sample that contains or may contain any hazardous substance to appropriate to the extent required by the nature or composition of the be delivered to TestAmerica's premises is properly packaged, labeled, sample, which deviations, if any, will be made on a basis consistent with transported and delivered,all in accordance with applicable laws. recognized standards of the industry and/or TestAmerica's Laboratory Quality Manuals. Client may request that TestAmerica perform according to 1.5 TestAmerica reserves the right to begin processing samples upon a mutually agreed Quality Assurance Project Plan(QAPP). If samples arrive receipt, unless the Client specifically notifies TestAmerica in writing prior to prior to agreement on a QAPP, TestAmerica will proceed with analyses sample receipt that the samples are to be held without preparation or other under its standard Quality Manuals then in effect. TestAmerica will not be processing or pending receipt of a purchase order. TestAmerica shall under responsible for any resampling or other charges if work must be repeated to no circumstances be responsible for missed holding times or turnaround comply with a subsequently finalized QAPP. times or for re-sampling costs if samples are released from hold with less than 48 hours or 1/2 the holding time for the requested test remaining, 4.2 TestAmerica shall start preparation and/or analysis within holding times whichever is less. provided that Sample Delivery Acceptance occurs within 48 hours of ©2015, TestAmerica Laboratories,Inc.,All Rights Reserved Std TC-1(v9),Page 1 of 3 TestAmerica TME LEADER IN ENVIRONMENTAL TESTING sampling or 1/2 of the holding time for the test,whichever is less,unless the 5.3 Should the results delivered by TestAmerica be used by the Client or Client has specifically requested that TestAmerica hold the samples without Client's client, even though subsequently determined not to meet the preparation or other processing or pending receipt of a purchase order. warranties described in these Terms and Conditions,then the compensation Where resolution of inconsistencies leading to Sample Delivery Acceptance will be adjusted based upon mutual agreement. In no case shall the Client does not occur within this period, TestAmerica will use its best efforts to unreasonably withhold TestAmerica's right to independently defend its data. meet holding times and will proceed with the work provided that, in TestAmerica's judgment, the chain-of-custody or definition of the Scope of 5.4 TestAmerica reserves the right to perform the services at any Work provide sufficient guidance. Reanalysis of samples to comply with laboratory in the TestAmerica network. If a Client has requested a particular TestAmerica's Quality Manuals will be deemed to have met holding times location for the work, TestAmerica will inform the Client when operational provided the initial analysis was performed within the applicable holding constraints require the work to be performed at another TestAmerica time. Where reanalysis demonstrates that sample matrix interference is the location. In addition,TestAmerica reserves the right to subcontract services cause of failure to meet any Quality Manual requirements, the warranty will ordered by the Client to another laboratory or laboratories, if, in be deemed to have been met. TestAmerica's sole judgment, it is reasonably necessary, appropriate or advisable to do so. TestAmerica will in no way be liable for any 4.3 TestAmerica warrants that it possesses and maintains all licenses and subcontracted services (outside the TestAmerica network) except for work certifications that are required to perform services under these Terms and performed at laboratories which have been audited and approved by Conditions provided that such requirements are specified in writing to TestAmerica. TestAmerica prior to Sample Delivery Acceptance. TestAmerica will notify the Client in writing of any decertification or revocation of any license, or 5.5 TestAmerica will dispose of non-hazardous samples, sample extracts notice of either,that affects work in progress. and digestates 30 days after the final analytical report is issued, unless instructed to store them for an alternate period of time or to return such 4.4 The warranty obligations set forth in Sections 4.1,4.2 and 4.3 are the samples to the Client, in a manner consistent with U.S. Environmental sole and exclusive warranties given by TestAmerica in connection with any Protection Agency regulations or other applicable federal, state or local services performed by TestAmerica or any results generated from such requirements. Charges for disposal will be billed to the client. Alternatively, services, and TestAmerica gives and makes NO OTHER samples can be returned to the client for disposal. Cost of return shipping REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR will be billable to the client. Air samples in Summa canisters and tedlar bags IMPLIED. No representative of TestAmerica is authorized to give or make are used and the containers cleaned immediately after testing, such that any other representation or warranty or modify this warranty in any way. those samples are not retained. Longer storage periods may be requested 4.5 Client's sole and exclusive remedy for breach of warranty in connection and may be accommodated if space allows, and for an additional charge. Any samples for projects that are canceled or not accepted, or for which with any services performed by TestAmerica will be limited to repeating any return was requested, will be returned to the Client at its own expense. services performed, contingent on the Client's providing, at the request of TestAmerica reserves the right to return to the Client any sample or unused TestAmerica and at the Client's expense, additional sample(s)if necessary. portion of a sample that is not within TestAmerica's permitted capability or Any reanalysis requested by the Client generating results consistent with the the capabilities of TestAmerica's designated waste disposal vendor(s). ALL original results will be at the Client's expense. If resampling is necessary, DIOXIN, MIXED WASTE, AND RADIOACTIVE SAMPLES WILL BE TestAmerica's liability for resampling costs will be limited to actual cost or RETURNED TO THE CLIENT, unless prior arrangements for disposal are one hundred and fifty dollars($150)per sample,whichever is less. made. 4.6 TestAmerica's liability for any and all causes of action arising 5.6 Unless a different time period is agreed to in an order under these hereunder, whether based in contract, tort, warranty, negligence or Terms and Conditions, TestAmerica agrees to retain all records for five(5) otherwise, shall be limited to the lesser amount of compensation for the years. services performed or$100,000. All claims, including those for negligence, shall be deemed waived unless suit thereon is filed within one year after 5.7 If TestAmerica is required to respond to legal process related to TestAmerica's completion of the services. Under no circumstances,whether services for Client, Client agrees to reimburse TestAmerica for hourly arising in contract, tort (including negligence), or otherwise, shall charges for personnel involved in the response and attorney's fees TestAmerica be responsible for loss of use,loss of profits,or for any special, reasonably incurred in obtaining advice concerning the response, indirect, incidental or consequential damages occasioned by the services preparation to testify, and appearances related to the legal process, travel performed or by application or use of the reports prepared. and all reasonable expenses associated with the litigation. Additional consulting beyond that normally associated with lab reports will be billed at 4.7 In no event shall TestAmerica have any responsibility or liability to the TestAmerica's current published rates. Client for any failure or delay in performance by TestAmerica that results, directly or indirectly, in whole or in part, from any cause or circumstance beyond the reasonable control of TestAmerica. Such causes and 6. INSURANCE circumstances include,but are not limited to,acts of God,acts of Client,acts 6.1 During the performance of services under these Terms and Conditions, or orders of any governmental authority, strikes or other labor disputes, TestAmerica shall maintain in force Workers'Compensation and Employer's natural disasters,accidents,wars,civil disturbances,equipment breakdown, Liability Insurance in accordance with the laws of the states having matrix interference or unknown highly contaminated samples that impact jurisdiction over TestAmerica's employees who are engaged in the instrument operation, unavailability of supplies from usual suppliers, performance of the work. TestAmerica shall also maintain during such difficulties or delays in transportation, mail or delivery services,or any other period Comprehensive General and Contractual Liability(limit of$1,000,000 cause beyond TestAmerica's reasonable control. per occurrence/ $2,000,000 aggregate), Comprehensive Automobile Liability, owned and hired, ($1,000,000 combined single limit), and 5. RESULTS,WORK PRODUCT Professional/Pollution Liability Insurance (limit of $1,000,000 per claim/occurrence,$2,000,000 aggregate). 5.1 Data or information provided to TestAmerica or generated by services performed under this agreement shall only become the property of the Client upon receipt in full by TestAmerica of payment for the entire order. 7. MISCELLANEOUS PROVISIONS Ownership of any analytical method,QA/QC protocols,software programs or 7.1 These Terms and Conditions, together with any additions or revisions equipment developed by TestAmerica for performance of work will be which may be agreed to in writing by TestAmerica, embody the whole retained by TestAmerica. Client shall not disclose such information to any agreement of the parties and provide the only remedies available. There are third party without TestAmerica's express prior consent. no promises, terms, conditions, understandings, obligations or agreements 5.2 Data and sample materials provided by Client or at Client's request, other than those contained herein, and these Terms and Conditions shall and the result obtained by TestAmerica shall be held in confidence(unless supersede all previous communications, representations, or agreements, such information is generally available to the public or is in the public domain either verbal or written, between the Client and TestAmerica. These Terms or Client has failed to pay TestAmerica for all services rendered or is and Conditions, and any transactions or agreements to which they apply, otherwise in breach of these Terms and Conditions), subject to any shall be governed both as to interpretation and performance by the laws of disclosure required by law or legal process. the state where TestAmerica's services are performed. ©2015, TestAmerica Laboratories,Inc.,All Rights Reserved Std TC-1(v9),Page 2 of 3 TestAmerica THE LEADER IN ENVIRONMENTAL TESTING 7.2 The invalidity or unenforceability, in whole or in part, of any provision, term or condition hereof shall not affect in any way the validity or enforceability of the remainder of these Terms and Conditions,the intent of the parties being that the provisions be severable. The section headings of these Terms and Conditions are intended solely for convenient reference and shall not define,limit or affect in any way these Terms and Conditions or their interpretations. No waiver by either party of any provision, term or condition hereof or of any obligation of the other party hereunder shall constitute a waiver of any subsequent breach or other obligation. 7.3 The obligations, liabilities, and remedies of the parties, as provided herein, are exclusive and in lieu of any others available at law or in equity. Indemnifications,releases from liability and limitations of liability shall apply, notwithstanding the fault, negligence or strict liability of the party to be indemnified, released, or whose liability is limited, except to the extent of sole negligence or willful misconduct. ©2015, TestAmerica Laboratories,Inc.,All Rights Reserved Std TC-1(v9),Page 3 of 3 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA AMENDMENT NO. 2/CONTRACT NO. Y16-903B Continuing Professional Lake Management Services • Wood Environment & Infrastructure Solutions, Inc. 550 Northlake Blvd, Suite 1000 Altamonte Springs, FL 32701 EFFECTIVE DATE: December 8, 2018 This Amendment is issued in accordance with Section VIII of this contract, entitled: TERM OF CONTRACT, as follows: The term of this contract is hereby extended for one (1) additional year from December 8, 2018 through December 7, 2019, at the same hourly rates and terms and conditions. All other terms and conditions of the original Contract remain the same. BOARD OF COUNTY COMMISSIONERS WOOD ENVIRONMENT& INFRASTRUCTURE ORANGE COUNTY, FLORIDA SOLUTIONS, INC. ALTAMONTE77,,�� SPRINGS, FLORIDA /'/"Ge:L4.e0 I?_4 Rol do Melo, Sr. Contract Administrator Signature Procurement Division DATE: Michael D.Phelps, Associate Type or Print Name Y16-903B Amendment#2 Page 1 of 1 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA AMENDMENT NO. 1 /CONTRACT NO. Y16-903B Continuing Professional Lake Management Services Amec Foster Wheeler Environment & Infrastructure, Inc. 75 E. Amelia Street, Suite 200 Orlando, FL 32801 EFFECTIVE DATE: December 8, 2017 This Amendment is issued in accordance with Section VIII of this contract, entitled: TERM OF CONTRACT, as follows: The term of this contract is hereby extended for one (1) additional year from December 8, 2017 through December 7, 2018, at the same hourly rates and terms and conditions. __ All other terms and conditions of the original Contract remain the same. BOARD OF COUNTY COMMISSIONERS AMEC FOSTER WHEELER ENVIRONMENT& ORANGE COUNTY, FLORIDA INFRASTRUCTURE, INC. ORLANDO, FLORIDA Rolando Melo, Sr. Contract Administrator Signature Procurement Division DATE: i - - I" Michael D. Phelps, Associate Type or Print Name Y16-903B Amendment#1 Page 1 of 1 yv,* CONTRACT #Y16-903-B THIS CONTRACT made and entered into this 8th day of December, 2016, by and between the: BOARD OF COUNTY COMMISSIONERS 201 S. ROSALIND AVENUE ORLANDO, ORANGE COUNTY, FLORIDA a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and: Amec Foster Wheeler Environment & Infrastructure, Inc. 75 E. Amelia Street, Suite 200 Orlando, FL 32801 FEDERAL I.D. # 91-1641772 hereinafter referred to as the CONSULTANT. RECITALS WHEREAS, the COUNTY desires to retain the services of the CONSULTANT to provide continuing engineering services, to be issued as Task Authorizations under individual Purchase Orders; and; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, upon the terms and conditions hereinafter set forth, and the CONSULTANT is desirous of obtaining such employment and of performing such services upon said terms and conditions; it is agreed by and between the parties hereto as follows: SCOPE OF SERVICES • The CONSULTANT shall, diligently and timely, perform professional engineering services as described in Exhibit A - Scope of Professional Services, entitled, "CONTINUING PROFESSIONAL LAKE MANAGEMENT SERVICES" which is attached hereto and made a part hereof by reference. As the COUNTY generates individual projects, a detailed scope of work will be prepared for each project and furnished to the CONSULTANT. Upon receipt of the scope of services, the CONSULTANT will submit a cost Proposal to the COUNTY with the following: a. Position classification, total hours, hourly rate and extended total amount, b. Subcontracted services including information in "a" above c. Performance period for the services d. Out-of-pocket expenses Proposal shall be submitted within fifteen (15) days after receipt of written request for proposal. Y16-9035 1 • • • • CONSULTANTS COMPETITIVE NEGOTIATION ACT This Contract is a continuing Contract as defined in Section 287.055 (2) (g), Florida Statutes. Task Authorizations to be performed by the CONSULTANT under this Contract shall be approved and authorized by the COUNTY in writing by issuance of • County approved Purchase Orders, pursuant to the CONSULTANT'S Proposal and fee, whether or not modified by negotiation. The CONSULTANT'S authority to proceed with • the specified scope of work will be either the County approved Purchase Orders or a County issued written Notice to Proceed to be determined by the County Project Manager. • I I PAYMENT The COUNTY will pay to the CONSULTANT for duly authorized services performed by the CONSULTANT and accepted by the County as follows: A. FEES: For services performed under Article I, a firm fixed fee (lump sum) will be • agreed upon prior to commencement of services; or, if a firm fixed fee cannot be determined, a not-to-exceed maximum dollar amount will be agreed upon; • however, in either case, the fee shall be calculated in accordance with the hourly rate schedule identified as Exhibit B, which is attached and made a part of this Contract. B. PAYMENT: The COUNTY shall pay the CONSULTANT in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes. • Payment will be due and payable monthly in proportion to the percentage of work approved and accepted by the COUNTY. All invoices shall be prepared in the format prescribed by the COUNTY. When an invoice includes charges from a subconsultant, the subconsultant's invoice/backup shall accompany the CONSULTANT'S invoice. A separate Pay Item Breakdown sheet for the CONSULTANT and each subconsultant shall accompany each invoice. The CONSULTANT'S Pay Item Breakdown sheet shall include, in aggregate, the CONSULTANT'S and subconsultant's pay items. All requests for payment must be accompanied by a narrative description of the scope of services from Exhibit A performed by the CONSULTANT and subconsultants during the period covered by the invoice. The narrative shall also describe the work to be • performed during the next billing period C. PAYMENT IN EVENT OF TERMINATION BY COUNTY: In the event this Contract is terminated or canceled prior to completion of any project in progress, payment shall be made in accordance with the provisions of Article IX. D. CHANGES WITHIN SCOPE; ALLOWANCE OF ADDITIONAL COMPENSATION: If instructed to do so by the COUNTY, the CONSULTANT shall change or revise work that has been performed, and if such work is not required as a result of error, omission or negligence of the CONSULTANT, the CONSULTANT may be entitled to additional compensation. In all disputes arising over the right to additional compensation, Y16-9035 2 the COUNTY shall be the party to determine whether substantial acceptable work has been done on documents such that changes, revisions or preparation of additional documents will result in additional compensation to the CONSULTANT. The additional compensation shall be computed by the CONSULTANT on a revised fee quotation Proposal that must be submitted to the COUNTY for prior approval. The fee shall be agreed upon before commencement of any additional work and shall be incorporated by Change Order to the corresponding Purchase Order issued against this Contract. E. SUBCONSULTANTS: The CONSULTANT shall, upon requiring the services of various sub-consultants, be responsible for the integration of all sub- consultants' work into the documents and for all payments to such sub- consultants out of the lump sum fee agreed to. Services rendered by the CONSULTANT in connection with the coordination of any such sub-consultants or other personnel services shall be considered within the scope of the basic contract and no additional fee will be due the CONSULTANT for such work. F. TRAVEL AND PER DIEM: Travel and per diem charges shall not exceed the limits as set forth in Section 112.061 Florida Statutes, as set forth in Exhibit C, which is attached to this Contract. G. COMPENSATION: The CONSULTANT'S compensation shall be established and authorized for each Task Authorization on the basis of the CONSULTANT'S personnel hourly billable rates and related allowable costs as set forth in the basic Contract. The CONSULTANT'S personnel hourly billable rates and multiplier shall remain in effect and unchanged during the duration of the • Contract and any extensions thereto, except as provided by Article II, paragraph I, Price Adjustment. Compensation for any authorized cost that is not set forth in the basic Contract shall be negotiated prior to issuance of the Task Authorization and shall be supported by the appropriate cost and pricing data. H. MULTIPLIERS: The following multipliers are applicable to this contract and shall remain in effect and unchanged for the duration of the contract, including any extensions thereto: 1. Prime Consultant Multiplier • Amec Foster Wheeler Environment& 2.83 Infrastructure, Inc. 2. Sub-Consultants Multiplier Barnes, Ferland and 2.99 Associates, Inc. DB Environmental Laboratories, Inc. Fixed Fees Gator Engineering & Aquifer 2.84 Restoration, Inc. Hydro Modeling, Inc. 2.42 Y16-90313 3 Southern Research Laboratories, Inc. Fixed Fees PRICE ADJUSTMENT: Written request for a price adjustment may be made only under the following •• conditions: - i. If a project specific contract's performance period exceeds three years a price adjustment may be requested not more than 60 days after the end of the three year period and for each annual period thereafter or for the remaining period of the contract if less than one year. ii. For continuing contracts with a performance period that exceeds three years, an adjustment may be requested not more than 60 days after the end of three years. iii Retroactive requests for price adjustments will not be considered. The provisions of this clause shall not apply to contracts with fees based on ranges. Retroactive requests for price adjustments will not be considered. Any request for a price adjustment will be subject to negotiation and must be approved by the Manager, Procurement Division. Any request for such increase shall be supported by adequate justification to include Consumer Price Index (CPI) documentation. The CPI documentation shall be based on the All Items, CPI-U, U.S. City • Average, not seasonally adjusted index. The prevailing CPI in the month when the contract was executed by the County shall be the base period from which changes in the CPI will be measured for the initial request for a price adjustment. Any subsequent requests for a price adjustment shall be based on the CPI prevailing in the month when an amendment affecting a previous price adjustment was executed by the County. The maximum allowable increase shall not exceed the percent change in the CPI from the base period (either the month when the contract was executed by the County or the month when an amendment effecting a price adjustment was executed by the County) to the CPI prevailing at time of request for a price adjustment and in no case shall it exceed 4%. Any price adjustment shall only be effective upon the execution of a written amendment to the contract executed by both parties. Y16-9038 4 III DESIGN WITHIN FUNDING LIMITATIONS • The estimated construction cost for any project under this contract shall not • exceed $2,000,000. Each Task Authorization shall specifically indicate the project's estimated construction cost. Task Authorizations issued for study activities may not exceed $200,000. IV RESPONSIBILITY OF THE CONSULTANT A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other • services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. B. The Project Manager and the Project Engineer must be two separate individuals. The Project Engineer must be professional engineer registered in the State of Florida. C. Substitution of the Project Manager, Project Engineer or Other Key Personnel: The CONSULTANT shall not substitute any key personnel without the prior • written approval of the Manager of the Procurement Division. Any such requests shall be supported by comprehensive documentation outlining the reason(s) for • the proposed substitution to include the specific qualifications of the proposed substitute. Approval of the request shall be at the discretion of the COUNTY. Further, the COUNTY, in lieu of approving a substitution, may initiate other actions under the contract, including termination. • D. Neither the County's review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the CONSULTANT shall be and remain liable to the COUNTY in accordance with applicable law for all damages to the COUNTY caused by the CONSULTANT'S negligent performance of any of the services furnished under this contract. E. The rights and remedies of the COUNTY provided for under this contract are in addition to any other rights and remedies provided by law. F. If the CONSULTANT is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. G. NOT APPLICABLE H. The CONSULTANT shall maintain an adequate and competent staff of professionally qualified persons during the term of this Contract for the purpose of rendering the required services hereunder. The CONSULTANT shall not sublet, assign or transfer any services under this agreement without the written consent of the COUNTY. Y16-933B • 5 The COUNTY may require in writing that the CONSULTANT remove from the Work any of the CONSULTANT'S personnel that the COUNTY determines to be incompetent, careless or otherwise objectionable. No claims for an increase in Contract Amount or Contract Time based on the COUNTY'S use of this provision will be valid. CONSULTANT shall indemnify and hold the County harmless from and against any claim by CONSULTANT'S personnel on account of the use of this provision. J. NOT APPLICABLE, V COUNTY'S RIGHTS AND RESPONSIBILITIES The COUNTY shall: A. Furnish the CONSULTANT with existing data, plans, profiles, and other information necessary or useful in connection with the planning of the program that is available in the COUNTY'S files, all of which shall be and remain the property of the COUNTY and shall be returned to the COUNTY upon completion of the services to be performed by the CONSULTANT, B. Make COUNTY personnel available on a time-permitting basis, where required and necessary to assist the CONSULTANT. The availability and necessity of said personnel to assist the CONSULTANT shall be determined solely within the discretion of the COUNTY, C. Be entitled, upon request and without additional cost, to any documents as • requested by the COUNTY for any project on which the CONSULTANT is working. VI COUNTY'S 'DESIGNATED' REPRESENTATIVE It is understood and agreed that the COUNTY designates the County Administrator or their designated representative, in writing, to represent the COUNTY in all technical matters pertaining to and arising from the work and performance of this Contract. The County Administrator or designated representative shall have the following responsibilities: A. Examination of all reports, sketches, drawings, estimates, Proposals, and other documents presented by the CONSULTANT and rendering, in writing, decisions indicating the COUNTY'S approval or disapproval within a reasonable time so as not to materially delay the work of the CONSULTANT. B. Transmission of instructions, receipt of information, and interpretation and definition of COUNTY policies and decisions with respect to design, materials and other matters pertinent to the work covered by this Contract. C. Giving prompt written notice to the CONSULTANT whenever the COUNTY observes, or otherwise becomes aware of, any defects or changes necessary in a project. • Y16-903B 6 VII CONTRACT TYPE This is an.indefinite quantity contract for the goods and/or services specified in Exhibit A — Scope of Professional Services. The quantities of goods and/or services specified are unknown. Delivery or performance shall be only as authorized by task authorizations in accordance with the terms of this contract. The CONSULTANT shall furnish the goods and/or services to the COUNTY, when and if ordered. The COUNTY shall order at least $25,000 in fees during the initial contract performance period. The COUNTY may issue orders requiring delivery to multiple destinations or performance at multiple locations. Moreover, if the Manager of the Procurement Division determines that the CONSULTANTS' performance is less than satisfactory, the COUNTY may order the goods or services from other sources until the deficient performance has been cured or the contract terminated. VIII TERM OF CONTRACT The term of this contract shall be for one (1) year from date of execution; however, by mutual consent, the contract may be extended for two additional one year terms, not to exceed a total of three(3) years. Any Purchase Orders for Task Authorizations issued during the effective period of this contract and not completed within that period, shall be completed by the CONSULTANT within the time specified in the order. The contract shall govern the CONSULTANT'S and the COUNTY'S rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period. IX TERMINATION OF CONTRACT A. TERMINATION FOR DEFAULT: The COUNTY may, by written notice to the CONSULTANT, terminate this contract for default in whole or in part (task authorizations, if applicable) if the CONSULTANT fails to: 1. provide products or services that comply with the specifications herein or fails to meet the County's performance standards 2. deliver the supplies or to perform the services within the time specified in this contract or any extension. 3. make progress so as to endanger performance of this contract 4. perform any of the other provisions of this contract. Prior to termination for default, the COUNTY will provide adequate written notice to Y16-903B 7 through the Manager, Procurement Division, affordin him/her the CONSULTANTg gg the opportunity to cure the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) days (or the period specified in the notice) after receipt of the notice. Failure to adequately cure the deficiency shall result in termination action. Such termination may also result in suspension or debarment of the CONSULTANT in accordance with the County's Procurement Ordinance. The CONSULTANT shall be liable for any damage to the COUNTY resulting from the CONSULTANT'S default of the contract. This liability includes any increased costs incurred by the COUNTY • in completing contract performance. in the event of termination by the COUNTY for any cause, the CONSULTANT will have, in no event, any claim against the COUNTY for lost profits or compensation for lost opportunities. After a receipt of a Termination Notice and except as otherwise directed by the COUNTY the CONSULTANT shall: 1. Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the • performance of the terminated work • 3. Transfer all work in process, completed work, and other materials related to the terminated work as directed by the COUNTY. 4. Continue and complete all parts of that work that have not been • terminated. If the CONSULTANT'S failure to perform the contract arises from causes beyond the control and without the fault or negligence of the CONSULTANT, the contract shall • not be terminated for default. Examples of such causes include (1) acts of God or the public enemy, (2) acts of a government in its sovereign capacity, (3) fires, (4) floods, (5) epidemics, (6) strikes and (7) unusually severe weather. B. TERMINATION FOR CONVENIENCE: • The COUNTY, by written notice, may terminate this contract, in whole or in part, when it is in the COUNTY'S interest. If this contract is terminated, the COUNTY shall be liable only for goods or services delivered and accepted. The COUNTY Notice of Termination shall provide the contractor thirty (30) days prior notice before it becomes effective. A termination for convenience may apply to individual purchase/delivery orders or to the contract in its entirety. C. PAYMENT If a Task Authorization or Purchase Order is terminated for the convenience of the COUNTY, a settlement will be negotiated. This settlement shall not exceed the total amount due for services rendered and accepted by the COUNTY in accordance with the payment terms of the Contract. If the Contract is terminated for convenience in its Y16-9035 8 entirety, the CONSULTANT shall be paid an amount not in excess of all services rendered and accepted under the various orders issued against the Contract. However, if the termination is for cause, no amount shall be allowed for anticipated profit on unperformed services or other work, and the payment may be adjusted to take into account any additional costs to be incurred by the COUNTY due to such default. D. TERMINATION NOTICE The Manager, Procurement Division, shall issue any and all notices involving termination of this contract. .. i X INDEMNITY/INSURANCE AND SAFETY REQUIREMENTS Consultant agrees to maintain on a primary basis and at its sole expense, at all times throughout the duration of this contract the following types of insurance coverage with limits and on forms (including endorsements) as described herein. These requirements, - - as well as the County's review or acceptance of insurance maintained by Consultant is - not intended to and shall not in any manner limit or qualify the liabilities assumed by Consultant under this contract. Consultant is required to maintain any coverage required by federal and state workers' compensation or financial responsibility laws including but not limited to Chapter 324 and 440, Florida Statutes, as may be amended from time to time. The Consultant shall require and ensure that each of its sub-consultants providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified herein. Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best's Financial • Strength Rating of A- Class VIII or better. • (Note: State licenses can be checked via www floir.com/compan ysearch/and A.M. Best Ratings are available at www.ambest.com) Required Coverage: ® Commercial General Liability - The Consultant shall maintain coverage issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with a limit of liability of not less than $1,000,000 per occurrence. Consultant further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insureds. The General Aggregate limit shall either apply separately to this contract or shall be at least twice the required occurrence limit. Required Endorsements: Y16-903B 9 Additional Insured- CG 20 26 or CG 2010/CG 20 37 or their equivalents. Note: CG 20 10 must be accompanied by CG 20 37 to include products/completed operations Waiver of Transfer of Rights of Recovery- CG 24 04 or its equivalent. Note: If blanket endorsements are being submitted please include the entire endorsement and the applicable policy number. Business Automobile Liability - The Consultant shall maintain coverage for all owned; non-owned and hired vehicles issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with limits of not less than $500,000 (five hundred thousand dollars) per accident. In the event the Consultant does not own automobiles the Consultant shall maintain coverage for hired and non-owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. • ® Workers' Compensation - The Consultant shall maintain coverage for its employees with statutory workers' compensation limits, and no less than $100,000 • each incident of bodily injury or disease for Employers' Liability. Elective exemptions as defined in Florida Statute 440 will be considered on a case-by • - case basis. Any Consultant using an employee leasing company shall complete the Leased Employee Affidavit. Required Endorsements: ® Waiver of Subrogation-WC 00 03 13 or its equivalent ® Professional Liability-with a limit of not less than $1,000,000 per occurrence/claim When a self-insured retention or deductible exceeds $100,000 the COUNTY reserves the right to request a copy of Consultant most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis the Consultant agrees to maintain a retroactive date prior to or equal to the effective date of this contract. In the event the policy is canceled, non-renewed, switched to occurrence form, or any other event which triggers the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this contract the Consultant agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the Consultant of the obligation to provide replacement coverage. By entering into this contract Consultant agrees to provide a waiver of subrogation or a waiver of transfer of rights of recovery, in favor of the County for the workers' compensation and general liability policies as required herein. When required by the insurer or should a policy condition not permit the Consultant to enter into a pre-loss agreement to waive subrogation without an endorsement, then Consultant agrees to notify the insurer and request the policy be endorsed with a Waiver of Subrogation or a Waiver of Transfer of Rights of Recovery Against Others endorsement, Prior to execution and commencement of any operations/services provided under this contract the Consultant shall provide the COUNTY with current certificates of X16-903B 10 insurance evidencing all required coverage. In addition to the certificate(s) of • insurance the Consultant shall also provide endorsements for each policy as specified above. All specific policy endorsements shall be in the name of the Orange County Board of County Commissioners, • For continuing service contracts renewal certificates shall be submitted immediately upon request by either the COUNTY or the COUNTY's contracted certificate compliance management firm. The certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. Consultant shall notify the COUNTY • not less than thirty (30) business days (ten business days for non-payment of premium) of any material change in or cancellation/non-renewal of insurance coverage. The Consultant shall provide evidence of replacement coverage to maintain compliance with the aforementioned insurance requirements to the COUNTY or its certificate management representative five (5) business days prior to the effective date of the replacement policy (les). The certificate holder shall read: Orange County Board of County Commissioners do Procurement Division 400 E. South Street Orlando, Florida 32801 INDEMNIFICATION-CONSULTANTS: To the fullest extent permitted by law, the Consultant shall defend, indemnify, and hold harmless the COUNTY, its officials, agents, and employees from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including attorney's fees) of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of the Consultant or its sub-consultants (if any), anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable; excepting those acts or omissions arising out of the sole negligence • of the COUNTY. •• • • • SAFETY AND PROTECTION OF PROPERTY (for services provided on the premises of Orange County) The Consultant shall at all times: ■ Initiate, maintain and supervise all safety precautions and programs in connection with its services or performance of its operations under this contract. ■ Take all reasonable precautions to prevent injury to employees, including County employees and all other persons affected by their operations. • Take all reasonable precautions to prevent damage or loss to property of Orange • County, or of other vendors, consultants or agencies and shall be held responsible for replacing or repairing any such loss or damage. Y16-903B 11 • • • Comply with all ordinances, rules, regulations, standards and lawful orders from • authority bearing on the safety of persons or property or their protection from damage, injury or loss. This includes but is not limited to: • o Occupational Safety and Health Act (OSHA) o National Institute for Occupational Safety& Health (NIOSH) o National Fire Protection Association (NFPA) o American Society of Heating, Refrigeration & Air-Conditioning Engineers (ASHRAE) ▪ The Consultant must also comply with the guidelines set forth in the Orange County Safety & Health Manual. The manual can be accessed online at the address listed below: http://www.oranoecountvfl.netNendorServices/OrangeCountvSafetvandHe althManual.aspx XI TRUTH IN NEGOTIATION AND MAINTENANCE AND EXAMINATION OF RECORDS A. The Consultant hereby represents, covenants and warrants that wage rates and other factual unit costs supporting the compensation provided for in this Contract are accurate, complete and current as of the date of contracting. It is further agreed that the Contract price shall be adjusted to exclude any amounts where the County determines the Contract price was increased due to inaccurate, incomplete or non- current wage rates and other factual unit costs. B. The Consultant shall keep adequate records and supporting documents applicable to this Contract. Said records and documentation shall be retained by the Consultant for a minimum of five (5) years from the date of final payment on this contract. If any litigation, claim or audit is commenced prior to the expiration • of the five (5) year period, the records shall be maintained until all litigation, • claims or audit findings involving the records have been resolved. C. If applicable, time records and cost data shall be maintained in accordance with generally accepted accounting principles. This includes full disclosure of all transactions associated with the contract. Also, if applicable, all financial information and data necessary to determine overhead rates in accordance with Federal and State regulatory agencies and the contract shall be maintained. • D. Consultant's "records and supporting documents" as referred to in this Contract shall include any and all information, materials and data of every kind and character, including without limitation, records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, invoices, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may in the County's judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract document. Such records and documents shall include (hard copy, as well as computer Y16-90313 12 readable data, written policies and procedures; time sheets; payroll registers; cancelled checks; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); original estimates; estimating worksheets; correspondence; change order files (including pricing data used to •• price change proposals and documentation covering negotiated settlements); back-charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; and any other Consultant records which may have a bearing on matters of interest to the County in connection with the Consultant's dealings with the County (all foregoing hereinafter referred to as "records and supporting documents") to the extent necessary to adequately permit evaluation and verification of: 1) Consultant compliance with contract requirements; or 2) Compliance with provisions for pricing change orders; or 3) Compliance with provisions for pricing invoices; or • 4) Compliance with provisions regarding pricing of claims submitted by the Consultant or his payees; or 5) Compliance with the County's business ethics; or 6) Compliance with applicable state statutes and County Ordinances and regulations. • • E. Records and documents subject to audit shall also include those records and documents necessary to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with this Contract. In those situations where Consultant's records have been generated from computerized data (whether mainframe, mini-computer, or PC based computer systems), Consultant agrees to provide the County's representatives with extracts of data files in computer readable format on data disks or suitable alternative computer exchange formats. F. The County and its authorized agents shall have the right to audit, inspect and copy records and documentation as often as the County deems necessary throughout the term of this contract and for a period of five (5) years after final payment. Such activity shall be conducted during normal business working hours. The County, or any of its duly authorized representatives, shall have access within forty-eight (48) hours to such books, records, documents, and other evidence for inspection, audit and copying. G. The County, during the period of time defined by the preceding paragraph, shall have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Consultant as concerns the aforesaid records and documentation. H. Records and documentation shall be made accessible at the Consultant's local place of business. If the records are unavailable locally, it shall be the Consultant's responsibility to insure that all required records are provided at the Consultant's expense including payment of travel and maintenance costs incurred by the County's authorized representatives or designees in accessing records maintained out of the county. The direct costs of copying records, excluding any overhead cost, shall be at the County's expense. Y16-903B • 13 I. Consultant shall require all payees (examples of payees include sub Consultants, insurance agents, material suppliers, etc.) to comply with the provisions of this article by including the requirements hereof in a written contract agreement between Consultant and payee. Such requirements include a flow-down right of audit provisions in contracts with payees, which shall also apply to Sub Consultants and Sub-sub Consultants, material suppliers, etc. Consultant shall cooperate fully and shall cause all aforementioned parties and all of Consultant's sub Consultants (including those entering into lump sum subcontracts and lump sum major material purchase orders) to cooperate fully in furnishing or in making available to the County from time to time whenever requested in an expeditious manner any and all such records, documents, • information, materials and data. J. The County's authorized representatives or designees shall have reasonable access to the Consultant's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Contract and shall have adequate and appropriate work space, in order to conduct audits in compliance with this article. • K. Even after a change order proposal has been approved, Consultant agrees that if the County later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of the Contract regarding pricing of change orders, then an appropriate contract price reduction will be made. Such post-approval contract price adjustment will apply to all levels of Consultants and/or sub Consultants and to all types of change order proposals specifically including lump sum change orders, unit price change orders, and cost-plus change orders. L. If an audit inspection or examination by the County, or its designee, in accordance with this article discloses overpricing or overcharges (of any nature) by the Consultant to the County in excess of one-half of one percent (.5%) of the total contract billings, the reasonable actual cost of the County's audit shall be reimbursed to the County by the Consultant. Any adjustments and /or payments that must be made as a result of any such audit or inspection of the Consultant's invoices and/or records and supporting documents shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of the County's findings to the Consultant. • XII OWNERSHIP OF DOCUMENTS It is understood and agreed that all documents, including detailed reports, plans, original drawings, "as built", specifications, original field survey, data notes, and all other data, prepared or obtained by the CONSULTANT in connection with its services hereunder shall be delivered to, and shall become the property of the COUNTY prior to final payment to the CONSULTANT. The CONSULTANT shall not be liable for any use by the COUNTY of said documents or data if they are modified in any manner without written approval of the CONSULTANT. Y16-903B 19 XIII SUSPENSION OF WORK BY COUNTY Right of COUNTY to Suspend Work and Order Resumption - The performance of CONSULTANT'S services hereunder may be suspended by the COUNTY at any time. However, in the event the COUNTY suspends the performance of CONSULTANT'S • services hereunder, it shall so notify the CONSULTANT in writing, such suspension becoming effective upon the date of its receipt by CONSULTANT, The COUNTY shall promptly pay to the CONSULTANT all fees that have become due and payable to the CONSULTANT prior to the effective date of such suspension. COUNTY shall thereafter have no further obligation for payment to the CONSULTANT unless and until the COUNTY notifies the CONSULTANT that the services of the CONSULTANT called for hereunder are to be resumed. Upon receipt of written notice from the COUNTY that CONSULTANT'S services hereunder are to be resumed, CONSULTANT shall complete the services of CONSULTANT called for in this Contract and CONSULTANT, shall, in that event, be entitled to payment of the remaining unpaid compensation which becomes payable to • him under this Contract, same to be payable in the manner specified herein. In no event will the compensation or any part thereof become due or payable to • CONSULTANT under this Contract unless and until CONSULTANT has attained that stage of work where the same would be due and payable to CONSULTANT under the • provision of this Contract. XIV STANDARDS OF CONDUCT A. The CONSULTANT represents that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Contract and that he has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract. B. The CONSULTANT shall comply with all Federal, State and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Contract. • C. The CONSULTANT hereby certifies that no undisclosed conflict of interest exists with respect to the present Contract, including any conflicts that may be due to representation of other clients, other Contractual relationships of the CONSULTANT, or any interest in property that the CONSULTANT may have. • The CONSULTANT further certifies that any apparent conflict of interest that • arises during the term of this Contract will be immediately disclosed in writing to the COUNTY. Violation of this section will be considered as justification for immediate termination of this Contract under the provisions of Article VIII. D. The CONSULTANT and its subsidiaries or affiliates who designed the project, shall be ineligible for the award of the construction contract for that project. Y16-9038 15 XV ASSIGNABILITY The CONSULTANT shall not assign any interest in this Contract, and shall not transfer any interest in the same without prior written approval of the COUNTY, provided that claims for the money due or to become due the CONSULTANT from the COUNTY under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be • furnished promptly to the COUNTY. XVI MINORITYNVOMEN EMPLOYMENT PARTICIPATION A. The CONSULTANT shall be responsible for reporting Minority/Women Business Enterprise (M/WBE) sub-consultant Contract dollar amount(s) for the MNVBE SUBCONSULTANT(s) listed in this document, by submitting the appropriate documents, which shall include but not limited to fully executed sub-contract agreements and/or purchase orders evidencing contract award of work, to the Business Development Division. Submittal of these sub-contract • • agreements/purchase orders is a condition precedent to execution of the prime contract with the County. Quarterly updated MNVBE utilization reports and Employment Data, Schedule of Minorities and Women reports are to be • submitted every quarter during the term of the contract. Additionally, the Consultant shall ensure that the MNVBE participation percentage proposed in the • Consultant's Proposal submitted for this Contract is accomplished. • B. Subsequent amendments to this contract shall be submitted with the appropriate documentation evidencing contractual change or assignment of work to the Business Development Division, with a copy to the COUNTY'S designated representative, within ten (10) days after COUNTY'S execution. • C. The CONSULTANT shall be responsible for reporting local minority/women employment percentage levels within the firm and the minority/women employment percentage levels that the firm anticipates utilizing to fulfill the obligations of this Contract. The report(s) shall be submitted to the Business Development Division, on a quarterly basis during the life of the Contract. D. The awarded prime consultant shall furnish written documentation evidencing actual dollars paid to all sub-consultants utilized by the prime consultant on the project. This will include, but not limited to: copies of cancelled checks, approved invoices, and signed affidavits certifying the accuracy of payments so that the County may determine actual MWBE participation achieved by the Prime Consultant prior to the issuance of final payment. E. In the event a certified MNVBE sub-consultant's sub-contract is terminated for convenience, the CONSULTANT shall submit a letter to the Business Development Division from the terminated sub-contractor evidencing their concurrence with the termination. In the event a certified MNVBE sub-consultant's sub-contract is terminated for cause, the CONSULTANT shall justify the replacement of that sub- consultant, in writing to the Business Y16-9035 16 • • • Development Division, accompanied by the Project Manager's recommendation or • consent to termination. • F. It is the intent of the COUNTY to insure prompt payment of all sub-consultants working on COUNTY projects. The CONSULTANT shall: 1. Submit copies of executed contracts between the CONSULTANT and all of its M/WBE sub-consultants to the Business Development Division. 2. The County may at its discretion require copies of subcontracts/purchase orders for the non-MNVBE's listed on Form B and or utilized on the project. However, if this option is not exercised the awarded Proposer shall provide a list of all non-M/WBE subcontractors certifying that a prompt payment clause has been included in that contract or purchase order. 3. Incorporate a prompt payment assurance provision and payment schedule in all contracts between the CONSULTANT and sub-consultants (including those with non-MNVBE's) stating that payment will be made to the sub- consultant within 72 hours of receipt of payment from the COUNTY. The CONSULTANT shall pay each sub-consultant for all work covered under an invoice within the 72 hour time frame. G. By entering into this contract, the CONSULTANT affirmatively commits to comply • with the M/WBE subcontracting requirements submitted with his/her Proposal. The failure of the CONSULTANT to comply with this commitment during the Contract's performance period may be considered a breach of Contract. The County may take action up to and including termination for default if this condition is not remedied within the time period specified by the Manager, Procurement Division. XVII INDEPENDENT CONTRACTOR STATUS The CONSULTANT shall be an independent contractor and neither CONSULTANT nor anyone employed by CONSULTANT shall be deemed for any purpose to be the employee, agent, servant or representative of the COUNTY in the performance of the work hereunder. The COUNTY shall have no direction or control of CONSULTANT or CONSULTANT'S employees and agents, except in the results to be obtained. XVIII EQUAL OPPORTUNITY It is hereby declared that equal opportunity and nondiscrimination shall be the County's policy intended to assure equal opportunities to every person regardless of race, religion, sex, sexual orientation and gender expression/identity, color, age, disability or national origin, in securing or holding employment in afield of work or labor for which the person is qualified, as provided by Section 17-314 of the Orange County Code and the County Administrative Regulations. Y16-903B 17 Further, the awarded CONSULTANT shall abide by the following provisions: 1. The CONSULTANT shall represent that CONSULTANT has adopted and maintains .a policy of nondiscrimination as defined by applicable County ordinance throughout the term of this contract. 2. The CONSULTANT shall allow reasonable access to all business and employment records for the purpose of ascertaining compliance with the nondiscrimination provision of the contract. 3. The provisions of the prime contract shall be incorporated by the CONSULTANT into the contracts of any applicable sub-consultants. XIX INDEMNIFICATION FOR TORT ACTIONS/LIMITATION OF LIABILITY A. The provisions of Florida Statute 768.28 applicable to Orange County, Florida apply in full to this Contract. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the COUNTY acting within the scope of his/her office or employment are subject to the limitations specified in this statute. • B. No officer, employee or agent of the COUNTY acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for any injury or damage suffered as a result of any act, event, or failure to act. C. The COUNTY shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. XX ASBESTOS FREE MATERIALS For contracts for design services, CONSULTANT shall provide a written and notarized statement on company letterhead to certify and warrant that the project was designed with asbestos free materials. Such statement shall be submitted with the final payment request. Final payment shall not be made until such statement is submitted. CONSULTANT agrees that if materials containing asbestos are subsequently discovered at any future time to have been included in the design, CONSULTANT shall be liable for all costs related to the redesign or modification of the construction of the project so that materials containing asbestos are removed from the design, plans or specifications or construction contract documents, and, in addition, if construction has begun or has been completed pursuant to a design that includes asbestos containing materials, the CONSULTANT shall also be liable for all costs related to the abatement of such asbestos. Y16-903B 18 XXI CONTROLLING LAWS This Contract shall be governed by the laws of the State of Florida. Any.and all legal action necessary to enforce the provisions of this Contract will be held in Orange County, Florida. Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida. XXII AVAILABILITY OF FUNDS The obligations of Orange County under this Contract are subject to need and availability of funds lawfully appropriated for its purpose by the Board of County Commissioners, or other specified funding source for this contract. XXIII WELFARE RECIPIENTS NOT APPLICABLE XXIV REGISTERED SERVICE-DISABLED VETERAN PARTICIPATION A. The CONSULTANT shall be responsible for reporting Registered Service- Disabled Veteran (SDV) sub-consultant Contract dollar amount(s) for the SDV SUBCONSULTANT(s) listed in this document, by submitting the appropriate documents, which shall include but not limited to fully executed sub-contract agreements and/or purchase orders evidencing contract award of work, to the Business Development Division. Submittal of these sub-contract agreements/purchase orders is a condition precedent to execution of the prime contract with the County. Quarterly updated SDV utilization reports Schedule of Minorities and Women reports are to be submitted every quarter during the term of the contract. Additionally, the Consultant shall ensure that the SDV participation percentage proposed in the Consultant's Proposal submitted for this Contract is accomplished_ B. Subsequent amendments to this contract shall be submitted with the appropriate • documentation evidencing contractual change or assignment of work to the Business Development Division, with a copy to the COUNTY'S designated representative, within ten (10) days after COUNTY'S execution. C. The awarded prime consultant shall furnish written documentation evidencing actual dollars paid to all sub-consultants utilized by the prime consultant on the project. This will include, but not limited to: copies of cancelled checks, approved • invoices, and signed affidavits certifying the accuracy of payments so that the • County may determine actual SDV participation achieved by the Prime Consultant prior to the issuance of final payment. D. The awarded prime consultant shall not substitute, replace or terminate any M/WBE firm without prior written authorization from the Business Development Manager. In the event a certified SDV sub Consultant's sub contract is terminated Y16-9035 19 for cause, the CONSULTANT shall justify the replacement of that sub consultant, with another certified M/WBE firm in writing to the Business Development Division, accompanied by the Project Manager's recommendation. E. It is the intent of the COUNTY to insure prompt payment of all sub-consultants working on COUNTY projects. The CONSULTANT shall: 1. Submit copies of executed contracts between the CONSULTANT and all of its SDV sub-consultants to the Business Development Division. 2. The County may at its discretion require copies of subcontracts/purchase orders for the non-SDV's listed on Form B and or utilized on the project. However, if this option is not exercised the awarded Proposer shall provide a list of all non-SDV subcontractors certifying that a prompt payment clause has been included in that contract or purchase order. 3. Incorporate a prompt payment assurance provision and payment schedule in all contracts between the CONSULTANT and sub-consultants (including those with non-SDV's) stating that payment will be made to the sub-consultant within 72 hours of receipt of payment from the COUNTY. The CONSULTANT shall pay each sub-consultant for all work covered under an invoice within the 72 hour time frame. F. By entering into this contract, the CONSULTANT affirmatively commits to comply with the SDV subcontracting requirements submitted with his/her Proposal. The failure of the CONSULTANT to comply with this commitment during the Contract's performance period may be considered a breach of Contract. The County may take action up to and including termination for default if this condition is not remedied within the timeperiod specified by the Manager, Procurement Division. XXV • CONTRACT CLAIMS "Claim" as used in this provision means a written demand or written assertion by one of the contracting parties seeking as a matter of right, the payment of a certain sum of money, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. Claims made by a Consultant against the County relating to a particular contract shall be submitted to the Procurement Division Manager in writing clearly labeled "Contract Claim" requesting a final decision. The Consultant also shall provide with the claim a certification as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Consultant believes the County is liable; and that I am duly authorized to certify the claim on behalf of the Consultant." Failure to document a claim in this manner shall render the claim null and void. Moreover, no claim shall be accepted after final payment of the contract. Y16-90313 20 The decision of the Procurement Division Manager shall be issued in writing and shall be furnished to the Consultant. The decision shall state the reasons for the decision reached. The Procurement Division Manager shall render the final decision within sixty (60) days after receipt of Consultant's written request for a final decision. The Procurement Division Manager's decision shall be final and conclusive. The Consultant shall proceed diligently with performance of this contract pending final resolution of any request for relief, claim, appeal or action arising under the contract and shall comply with any final decision rendered by the Manager of the Procurement Division. XXVI PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Contract and that they have not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of this Contract. For the breach or violation of this provision, the County shall have the right to terminate the Contract at its sole discretion, without liability and to deduct from the Contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. XXVII TOBACCO FREE CAMPUS All Orange County operations under the Board of County Commissioners shall be tobacco free. This policy shall apply to parking lots, parks, break areas and worksites. It is also applicable to Consultants and their personnel during contract performance on county- owned property. Tobacco is defined as tobacco products including, but not limited to, cigars, cigarettes, pipes, chewing tobacco and snuff. Failure to abide by this policy may result in civil penalties levied under Chapter 386, Florida Statutes and/or contract enforcement remedies. XXVIII VERIFICATION OF EMPLOYMENT STATUS Prior to the employment of any person performing services under this contract, the CONSULTANT shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of: (a) all employees within the State of Florida that are hired by the CONSULTANT after the execution of the contract who are providing labor under the contract during the contract term; and, (b) all employees within the State of Florida of any of the CONSULTANT'S sub-consultants that are hired by those sub-consultants after the execution of the contract who are providing labor under the contract during the contract term. Please refer to USCIS.gov for more information on this process. Y16-9035 21 AMEC FOSTER WHEELER BOARD OF COUNTY COMMISSIONERS ENVIRONMENT& INFRASTRUCTURE ORANGE COUNTY, FLORIDA INC. ORLANDO, FLORID Signature Carrie Wooden, MPA, CFCM, CPPO, C.P.M,, CPPB, APP, Manager, Procurement Division Michael D. Phelps, PE Date: � z.a Name Typed (for County use only) Office Manager Title • Y16-903B 22 EXHIBIT "A" SCOPE OF PROFESSIONAL SERVICES Yl6-903-B CONTINUING PROFESSIONAL LAKE MANAGEMENT SERVICES "EXHIBIT A" SCOPE OF PROFESSIONAL SERVICES CONTINUING PROFESSIONAL LAKE MANAGEMENT SERVICES I. OBJECTIVE: The Consultant shall acquire water quality data, conduct analyses, develop management plans and recommendations for the management, protection, improvement, and restoration of lakes and other water bodies located in Orange County or as identified by the Orange County Environmental Protection Division. II. PROJECT: It is the purpose of this project to create and deliver to Orange County lake management plans and analyses for lakes in need of preservation and/or remediation to be implemented by lake managers in the restoration and protection of these water bodies. Due to increased development and the consequent changes in land use, pollutant loads delivered to water bodies have demonstrably increased. In order for Orange County to develop a strategic plan for continued protection and restoration of these waters, effective lake management plans are needed. A major aspect of the lake management plans shall be the extensive collection of scientifically sound, reliable, and defensible hydrologic, nutrient, or other pollutant data in the water column, sediment column, or other environmental matrices as needed to characterize the fate and transport of pollutant loads within the water body and surrounding watershed. The development of the lake management plan shall include but not be limited to, the characterization of nutrient or other pollutant sources, establishing pollutant loads and allocating the loads among the sources, establishing the fate, transport, and partitioning of pollutant loads within the watershed, forecasting changes in pollutant loading commensurate with proposed changes in land use, characterizing the hydrologic budget within the watershed, establishing the basic limnological behavior of the lake under study, characterizing • the efficiency of existing best management practices (BMPs) installed to reduce nutrient or other pollutant loading, assessing the feasibility of proposed BMPs for the control and treatment of pollutant loadings within the watershed. The Consultant will also provide recommendations for the abatement and remediation of nutrient or other pollutants entering these lakes through recommended BMPs or other types of treatment for nutrient pollutants released from or loaded to environmental matrices. Ill. SCOPE: To provide detailed analysis of water quality and the associated environmental matrices in lakes, rivers, or other water bodies identified as designated by Orange County EPD and to provide detailed recommendations for BMPs that will improve and / or restore the water quality of lakes, rivers, or other water bodies to their intended use. The scope integrates the application of several disciplines such as best stormwater management practices, the chemical, biological and physical characterization of nutrient and / or other pollutants in environmental matrices, in situ measurements of discharges at inlets and outlets of water bodies, quantifying the effects of changes in land use within the watershed, the use of Y16-9038 1 geographic information system (GIS) analyses, hydrological modeling using generally accepted models (e.g., Bathtub, HSPF, etc.),lake management techniques, and other disciplines as applicable. The consultant shall perform and/or provide all services and/or work necessary to complete.the following task(s) and/or provide the following item(s), for each task issued under the continuing contract, Professional Services which may be required by the selected Consultant under this Contract include: 1. Hydrologic, hydraulic, and the environmental assessment and characterization of the lake, river, or other water body system will include, but not be limited to: watershed basin and sub-basin delineation, developing internal and external water budgets (identifying all sources of water into and out of the lake), and developing nutrient and / or other pollutant budget. The nutrient and / or other pollutant budget shall include, but not be limited to, identifying all sources and sinks of pollutants affecting the lake or water body, including internal cycling of nutrient and / or other pollutants within the sediment column-surface water interface, identification and allocation of nutrient and / or pollutant loads originating from septic systems, identification of nutrient and / or pollutant loads associated with land use or changes in land use, identification of nutrient and /or pollutant loads from uncontrollable sources, and identification of nutrient and /or pollutant loads originating from background sources. Characterization of the hydraulic flow regime shall include, but not be limited to, calculated water residence times for each lake or water body, identification of periods of peak and minimum hydraulic flows, episodic seasonal turnover, and identification of • stratification if present. 2. Analysis of impacts of nutrients and / or pollutants to the existing flora and • fauna, using generally accepted methodologies (Lake Vegetation Index, Stream Condition Index, or other generally accepted bio-integrity methods as established by professional societies), inhabiting the watershed encompassing the lake or waterbody. 3. Field survey of field conditions using multi-probe instruments or other instruments as water quality data is collected. The consultant shall provide photographs and narrative survey of field conditions during sampling events. All field notes shall be recorded into a bound field notebook with indelible ink. 4. Analyses of stormwater improvement projects (BMPs), including but not limited to: possible locations, recommended pollution abatement systems at specific locations, pollutant load reductions in pounds (lbs) per year, pollutant removal costs in dollars per pound removed, recommended use of Best Management Practices and provide engineering cost estimate for design and construction. NOTE: This contract will NOT include design services. Therefore, the selected Consultant for these services will not be eligible to compete for Y16-903B 2 design services ander a separate contract. 5. Attend and participate in public information meetings in support of County staff presentations during and after the completion of each project, as necessary or • requested by County Staff. • 6. Professional stormwater engineering services; to include the review and analysis of various BMP designs (including new and innovative technologies); defend recommendations in legal proceedings, if needed; and identify pollutant i loads and conduct source allocations within the various subbasin watersheds. • 7. Provide water quality analysis and project services supporting the County for the Total Maximum Daily Load (TMDL) program. Including reviewing the list of impaired water bodies issued by the FDEP, analysis of the listing with respect to its inclusion on the list, analysis of pollutant load reductions for TMDL credit within a Basin Management Action Plan or other area, review of hydrologic and pollutant loading models developed and used by various agencies in support of TMDLs, development of alternative TMDLs using regulatory software used to establish the original propose or existing, and the use of regulatory software models to provide source allocations of nutrients and / or pollutants of interest. Please note that software models must be approved for use with the appropriate regulatory agency prior to their implementation and use. 8. Limnological analysis to include, but not be limited to, dissolved oxygen profiles and / or other water quality parameters (e.g., pH, conductivity, turbidity, temperature, oxidation-reduction potentials, etc.) in the water column or sediment, nutrient and / or pollutant concentrations in sediments, collection and analysis of various water quality parameters and matrices. 9. Mapping services to include, but not be limited to, creating and analyzing isocontours or isopleths of nutrients and / or pollutant concentrations or other pertinent water quality data on aerials, isocontours of lake bottoms to illustrate the sources of those nutrients and / or pollutants within the water body. Consultant shall also provide copies of all GIS and supporting files used to generate figures in a useable format or geodatabase. Please note the horizontal and vertical datum used in map projections shall be the same datum currently in use by Orange County, Florida (viz, NAVD88). 10.Analytical laboratory services shall be provided for samples collected with various environmental matrices at a frequency as required to accomplish and appropriately characterize locations identified in the project. Laboratory shall be NELAC certified for applicable methods and provide quality assurance / quality control information including, but not limited to: matrix spike concentrations, Y16-903 B 3 method detection limits, practical quantifiable limits, duplicate reproducibility, the results from equipment blank testing, in conformance with NELAC standard operating and reporting procedures and Chapter 62-160, Florida Administrative Code. 11.Consultant shall perform evaluations of BMPs as required by EPD. These evaluations shall include a detailed review of engineering and biological BMPs in order to determine their usefulness and appropriateness to water body nutrient and / or pollutant mitigation management requirements. Evaluations shall include but not be limited to, literature• reviews, design reviews, establishing nutrient and / or pollutant removal efficiencies, cost of BMP operation and maintenance and size of BMP carbon footprint identifying • alternative energy sources. 12, Reports shall include, but not be limited to, an analysis of historic and current data characterizing water quality. Reports will include information from pertinent, • peer-reviewed literature with citation(s), digital copies of spreadsheets used during analyses, field data forms, copies of instrument pre- and post-calibration reports, chain-of-custody forms, analytical laboratory reports, copies of field notebooks, all GIS files used for mapping and analysis, input and output files from modeling analyses, as appendices. Reports shall be delivered as a draft and a final within the timeframes specified in the cost proposal and agreed upon scope of work, Consultant shall provide one (1) hard copy of the report and supporting documentation and one (1) digital copy, preferably.PDF, of the final report or deliverable and supporting documentation prior to payment of final invoice. • • • Y16-903B 4 . I 1 1 1 I 1 f q` �' '''14.',461'''';'' A t a N .z F 1}ii 'r '�[ G ,t`LLQ b f liY,,.i;.. r i. s1 #?w:a 4..`Y4{.,,ate 7 di. ,r .Ft � �I 5 m� , 41 _ r b r +< r t� 1 >. u1`fi4j.✓s s i,,�'�.f4. }1.,i':i bE' .f ` "4 diAe ',' 5 L r.'rl mar�vY 3 y",� <. DS z 7ce__frf e3 ,` i � s' t. :, s r Y ,�,� ' v kir ! ,, y„r 4 vk"R } ti4t�s9 = v, ��°4Pn i ito- Ua -r{I-f4 0A, m ��� v I t • k )4 r t. ': • I i • I i • • • . . . FEE SCHEDULE s Rates Effective through 1'i2/3L/1S a t. err It L: FIELD/SURVEY/CONFINED SPACE AND • 4C MISCELLANEOUS EQUIPMENT RATES 4lfneet f •• Equipment Rates 4 Wheel ATV $125 per day 2" PVC Temporary Monitor Wells. 4-6'deep $193 each Airboat $780 per day Amphibious Vehicle $850 per day Atmospheric testing/monitoring Equip(M404 Gas Monitor) $75 per day $300 per wk Auto Sampler(ISC03700& 3710)/1 Week $200 per week Auto Sampler(ISC03700& 3710)/2-3 Week Duration $175 per week Auto Sampler(ISC03700& 3710)/4-11 Week Duration $150 per week Auto Sampler(ISC03700& 3710) >3 Month Duration $500 per month Backpack Electrofisher(3 Gallon) $350 per day $1,520 per wk Backpack Sprayer $35 per day • Carolina Skiff(17') and Trailer $200 per day Company Vehicle Usage $120 per day • Confined Space Equipment $200 per day $660 per wk • Confined Space Equipment $660 per wk • Continuous Recording Staff Gauge $270 per wk Digital Depth Finder $66 per day Dissolved Oxygen Meter $39 per day Double Ring Infiltrometer $25 per day $100 per wk Field Test Kit Storm Water $13 per test site Field Test Kit Surface Water $8 per test site Foxboro OVA/PID $125 per day $475 per wk Generator $66 per day $225 per wk GPR Equipment $450 per test site GPS Equipment $110 per day $375 per wk GPS R.T.K. Positioning Data(per unit) $16.50 per day $115.50 per wk Ground Water Sample Bailers (Decontaminated) • $28 each • Ground Water Sampling Pump(Disposable Tubing) $66 per day $180 per wk Grunfos Sampling Pump $275 per day $950 per wk • Herbicide $12 gal Honda Water Pump(2") $110 per day • Hydrographic Survey Vessel& Equipment $650 per day Infrared Camera $110 each • Inline 45 micron water filter $33 each Jon Boat 10' $39 per day Jon Boat 16'Motor and Trailer $165 per day Maintenance of Traffic(MOT) $500 per day Metal Detector $28 per day $55 per wk Microscope(Compound) $28 per day $55 per wk Multimeter Hydrolab Surveyor 4 $85 per day $290 per wk Multimeter—YSI556 $85 per day $290 per wk Nuclear Density Gauge $25 per day $100 per wk Open Channel FlowMeter and Datalogger $495 per wk Photo Vac OVA/PID $66 per day $240 per wk Piston Tube Sampler $25 per day $100 per wk Pore Pressure Probe $39 per day $120 per wk Pressure Transducer/Data Logger $50 per day $200 per wk Pressure Transducer/Data Logger(Telemetry) $125 per day $450 per wk Rock Core Box $25 each 4�fs'a FEE SCHEDULE • • Rates Effective through 12/31/16 ' e4 on tkfc FIELD/SURVEY/CONFINED SPACE ANDI MISCELLANEOUS EQUIPMENT RATES Equipment Rates Sample Jars(Box of 12) $15 each Sample Storage $120 one time charge Sandpipe Field Permeability Equipment $25 per day $100 per wk Soft-Dig Excavation Unit $400er day Y Soil Auger $25 per day $100 per wk Staff Gauges • $28 each Stream Flow Meter $110 per day $298 per wk Survey Equipment $127 per day Terrestrial Laser Scanning Unit $1000 per day Temp. pH. Conductivity Meter $28 per day • $100 per'wk Tipping Bucket Rain Gauge $50 per month Turbidity Meter. Digital (Portable) Hack 2100P $30 per day $100 per wk Vacuum Pump $66 per day $230 per wk Vane Shear Equipment $28 per day $100 per wk Vibration&Noise Monitoring Equipment $130 per day $350 per wk • Water Level Indicator(Electric) $28 per day $85 per wk Weed Eater-Gas, Chain Saw $28 per day $100 per wk *Expendables are in addition to the equipment rates (Bottles,fuel, tubing, suction line..etc)at the current • market price. **Rates are for equipment only.Additional labor charges may be necessary for equipment setup, calibration,and maintenance. • • •• • • • • • • • • • • • • • 1 , ...''-. •-,''',1 e.••,-..•!':''•;•.%'3',"''''zt,''-;','•;;'rl'•'1', '..;* '''..-t'''''''•' -...-'''•!-• l''''--''''"•4••'''',4. P ,•''''1'...',;,,,,''.',•,•-•'.•f,-.,,,,f,i,lt . •:,q, Amec FT • • • ,,4' • - . • .•; , . -• ,' .,, ., ' :..•s'..-....,..•-..,'• •',,,,,i-. . . .•,...,, ‘..._ . , ,,,,,, ,,.,.... , ,.,..„, •-.:',.:-,1:44.4g.4.P,;?••••=4:;.,'.... ... , .. _. , qiir...44',f7•$;*.A';5.:V..4,W;iff1*".1 ' 'f-i; Y,44;•:, . , - - ' •,,...• ;.,-,,--,...-. '.. . . . , . , . 1. I • • 1 • , I I 1 • • • • amec • foster Re: Orange County Continuing Professional �, � Lake Management Services #Y16-903B er As requested,the following is our information regarding.overhead multipliers and personnel hourly rates for projects with Orange County. These rates will be used throughout the duration of the contract: Base Rate 100% Overhead & Fringe Benefits 146.48% Subtotal 246.48% Profit (15%) 0.36972 OVERALL MULTIPLIER 2.83 • Individual classifications for personnel hourly rates are as follows: • Classification Base Hourly Rate Overall Multiplier Billable Principal $84.96 2.83 $240.43 • Sr. Associate $76.05 2.83 $215.22 Associate $66.33 2.83 $187.71 Senior 2/Project Mgr $57.62 2.83 • $163.06 Senior 1 / Project Mgr $49.76 2.83 $140.82 Professional Engineer 3 $45.64 2.83 $129.16 • .Professional Engineer 2 $40.40 2,83 $114.33 Professional Engineer 1 $36.63 2.83 $103.66 • Professional 3 $27.81 2.83 $78.70 Professional 2 $24.95 2.83 $70.60 Professional 1 $21.20 2.83 $59.99 Sr. Designer $34.81 2.83 $98.51 CADD Tech $28.00 2.83 " $79.24 Sr. Technician $33.20 2.83 $93.95 Technician $22.29 2,83 $63.08 Admin $18.86 2.83 $53.37 Under penalty of perjury, I declare that I have read the foregoing and the facts stated in it are true. False statements may result in criminal prosecution for a felony of the third degree as provided for in Section 92.525 (3), Florida Statures. L tle C. Troutt Jr. Sr. Vice President PrintNam.Ind Title • Signature ' Date: November 17, 2016 . I • i i ' 1 I ; . j 4 a "ik, �,f,,,,44..', L. c •'n '�i' �E7 ...,,,,,,,z41-,,,44-A. YT a 44.14.*."it xt.'4a)S• r ^ +: -;'v 'i, su'"f y ,:z,,,,,,,,....,,,,;.. �` i , , ii>a rg. 7-..'4 IT i f� C..D � - r t7 'E. l+ „,.(t 1 3, r>t L t , tier ti �,€s� L s s,� ;,i.rid}If`'peir .. q ,0i*J:zL� 3 S.i 2,t2a'u�”; � it � � ,.,.,,,A.„,-,,,o,rk aT3 a im4.,:$4, 0 $' ;, sni?,p.4. , r+`o.•r ° ,. A�,r't,r,I,7'*," , lli+ is -,$ K� 4.,j5,�T ?•;,.,!'t-V:.,.40...`�' 'S -• U`+r`�` W� `4 f � }i '".' y r, v!x;-1.f}, ..S14iy r 1 {ft' r„i, yr d yr :0:4.t7cy +,#.t 6 R fi hi r* • :' _l Environmental Consultants Barnes, Ferland and Associates, Inc. September 12,2016 BFA#2016-23 Mr. Lance Lumbard AMEC Environment and Infrastructure 75 E.Amelia Street Orlando,FL 32801 SUBJECT: Orange County, Continuing Professional Lake Management Services RE: Scope of Services • Dear Mr. Lumbard: This Scope of Services sets forth the terms under which Barnes,Ferland and Associates,Inc. will Provide engineering and surveying services to AMEC Environment and Infrastructure. SCOPE OF SERVICES Provide engineering support services to AMEC for field sampling including: ® Sub-basin Delineation — BFA will be responsible for sub-basin delineation and field verification in both Word and GIS formats along with the supporting field data forms and photographs, m Characterization of Existing BMP's — BFA will review BMP's and report on their type and condition in a tabular format with accompanying pictures. • Stormwater Runoff Sampling - BFA will assist with the installation of ISCO Automated Stormwater Samplers, monitor for rain events, assist with the collection process, and coordinate with the laboratory for processing. e Seepage Inflow Sampling — BFA will assist with the installation of seepage meters, monitor the seepage meters, assist with the collection process, and coordinate with the laboratory for processing. ® Core Sampling - BFA will assist with the collection of sediment core samples and coordinate with the laboratory for processing. Provide Surveying Services to AMEC as required including: • Bathymetric Survey o Sediment thickness verification o Development of a GIS geo-database for approximate canal geometry, properties adjoining the canal,and County easements o Develop canal cross sections 1230 Hillcrest Street o Orlando, Florida 32803 Office (407) 896-8608 o Fax(407) 896-1822 Environmental Consultants • Barnes.. Perland and Associates, Inc. • August 19, 2016 BFA#2016-23 Mr. Lance Lumbard, MS, MBA, CLP Senior Scientist II AMEC Environment& Infrastructure • 75 E.Amelia Street • • Orlando, FL 32801 SUBJECT: Continuing Professional Lake Management Services Contract#Y16-903-RM Dear Mr. Lumbard: Please find enclosed our Fee Quotation Proposal showing the labor classification with the breakeven multiplier, which includes direct labor costs, fringe benefit costs, general overhead . and administrative costs as well as the profit margin per Orange County's requirements. Our proposed Direct Cost Table has also been provided for reference. We appreciate this opportunity and look forward to working with you. Should you need additional information or documentation, please contact me. Sincerely, SFA Environmental Csultants 1 y Patrick A. Barnes, P.G. • President Enclosures • Fee Quotation Proposal • Direct Cost Table 1230 Hillcrest Street a Orlando, Florida 32803 Office (407) 896-8608 • Fax (407) 896-1822 • • • Environmental Consultants Barnes. Fenland and Associates; Inc. ORANGE COUNTY CONTRACT Y16-903-RM CONTINUING PROFESSIONAL LAKE MANAGEMENT SERVICES The following is our information regarding overhead multipliers and personnel hourly rates for projects with Orange County. These rates will be used throughout the duration of the Contract: Base Rate: • 100% i Overhead&Fringe Benefits: 177% • Subtotal: 277% .• Profit(10%): 0.28 Orange County Overall Allowable Multiplier 2.99 Individual classification for personnel hourly rates are as follows: Classification Hourly Rate Range Overall Billable Rate Range • Multiplier Principal Hydrogeologist $68.25 $71.66 2.99 $204.07 $214.27 Principal Engineer $50.00 $55.13 2.99 $149.50 $164.82 . Senior Project Manager $60.13 $66.29 2,99 $179.79 $198.22 Construction Manager $30.00 $33.08 2.99 $89.70 $98.89 Project Manager $37.40 $48.60 2.99 $111.83 $145.31 Assist, Project Manager $37.40 $41.23 2.99 $111.83 $123.29 Engineer V $60.13 $66.29 2.99 $179.79 $198.22 Engineer IV $44.08 $48.60 2.99 $131.80 $145.31 • Engineer III $37.40 $41.23 2.99 $111.83 $123.29 •• Engineer II $28.78 $31.73 2.99 $86.05 $94.87 .•• Engineer I $25.00 $29.77 2.99 $74.75 $89.00 Designer $30.00 $33.08 2,99 $89.70 $98.89 • CAD IV(Designer) $28.00 $30.87 2.99 $83.72 $92.30 CAD Ill $24.00 $26.46 2.99 $71.76 $79.12 CAD II $20.00 $22.05 2.99 $59.80 $65.93 CAD I $17.00 $18.74 2.99 $50.83 $56.04 GIS Senior Specialist $50.00 $55.13 2.99 $149.50 $164.82 GIS Tech Ill $30.00 $33.08 2.99 $89.70 $98.89 GIS Tech If $25.00 $27.56 2.99 $74.75 $82.41 GIS Tech I $19.00 L $20.95 2.99 $56.81 $62.63 • 1230 Hillcrest Street • Orlando, Florida 32803 Office (407) 896-8608 • Fax (407) 896-1822 August 19,2016 Page 2 Classification Hourly Rate Range Overall Billable Rate Range Multiplier Hydrogeologist\/ $46.65 1 $51.43 2.99 $139.48 $153.78 Hydrogeologist IV $38.50 $42.45 2.99 $115.12 $126.91 • Hydrogeologist III $33.00 $36.38 2.99 $98.67 $108.78 Hydrogeologist II $27.00 $29.77 2.99 $80.73 $89.00 Hydrogeologist I $21.00 $23.15 2.99 $62.79 $69.23 • Environmental Scientist IV $33.00 $36.38 2.99 $98.67 $108.78 Environmental Scientist III $27.00 $29.77 2.99 $80.73 $89.00 Environmental Scientist 11 $22.00 $24.26 2.99 $65.78 $72.52 Environmental Scientist I. $17.00 $18.74 2.99 $50.83 $56.04 Held Technician IV $27.00 $29.77 2.99 $80.73 $89.00 Field Technician III $22.00 $24.26 2.99 $65.78 $72.52 Field Technician II $19.00 $20.95 2.99 $56.81 $62.63 Field Technician I $12.00 $16.54 2.99 $35.88 $49.45 .Sr.Surveyor and Mapper $44.10 $48.62 2.99 $131.86. $145.37 Surveyor and Mapper $32.50 $35.83 2.99 $97.18 $107.14 Survey Technician $26.25 $24.26 2.99 $78.49 $72.52 Survey CAD $22.50 $27.56 2.99 $67.28 $82.41 • 2 Person Survey Crew $40.00 $41.90 2.99 $119.60 $125.27 3 Person Survey Crew $55.00 $60.64 2.99 $164.45 $181.31 • • Utility Coordinator $26.25 $18.74 2.99 $78.49 $56.04 S.U.E.2 Person Crew $46.75 $51.54 2.99 $139.78 $154.11 S.U.E.3 Person Crew $58.60 $64.61 2.99 $175.21 $193.17 Administrative Support III , $25.80 $33.28 2.99 $77.14 $99.52 Administrative Support 11 $19.00 $23.15 2.99 $56.81 $69.23 Administrative Support I $13.50 $18.74 2.99 $40.37 $56.04 Under penalty of perjury, I declare that I have read the foregoing and the,facts stated in it are true. False statements may result in criminal prosecution for a felony of the third degree as provided for in Section 92.525(3), Florida Statutes. Sincerely, • // k... . Patrick A. Barnes, P.G. President/CEO Barnes, Ferland and Associates, Inc. • • i Barnes,Ferland and Associates(BFA) .• Other Direct Costs Table 1716-903-RM 2015 B3Pc� it�tinp� .. �Tnit��rUnit COST T' Reproduction B&W Copy(8.5" x 1 1")(Per Side) Each $ 0.05 B&W Copy(11"x 17") Each $ 0,15 Blackline Copy(24"x 36"or 22"x 34") Each $ 0.45 Color Copy(8.5"x 11")(Per Side) Each $ 0.60 Color Copy(11"x 17") Each $ 1.25 i '• Color Copy(24"x 36" or 22"x 34") Each $ • 12.00 ' I Lamination(8.5"x 11") Each $ 1.75 3 � Materials Binders Each $ 5.00 Bond Plots(24"x 36" or 22"x 34") Each $ 0.60 Communications Facsimile(Long Distance) Each At Cost Phone Calls(Long Distance) Minute At Cost Mail Courier Each $ 22.50 Express Delivery Each At Cost US Mail Each At Cost Travel 2 Hotel Day At Cost Mileage 3 Mile At Cost Per Diem Day At Cost Rental Car Day At Cost Tolls Each At Cost Miscellaneous Water Quality Analysis At cost Field Supplies At cost Water Level Equipment Day At cost Water Quality Equipment Day At cost Specialty Software Each At Cost Electronic Media Compact Disc Each 1.00 DVD Each 1.50 "At Cost"Items will be billed without markup. 2 Travel Costs in accordance with Orange County Travel Policy. 3 Mileage for out of County will be billed at current IRS mileage rate • I • • • • • • 1 I I I • • p ^•h`i3 -its��vIyry k-4.,,,--i,,;Tt- �,�a. - , '01,"::� 'r F `` rt��'.'.{lc"4Y "'�' z &,� ' _ t, r �' ? i' • { °#{a Y$ i sw r'• •2n ,s, 4.a 4w; v- e +,i ,v�i,Nd'T a tt,.::,,,,,,,,,-.Q0,04„4-z ,•,;'i i • r ` 7 3� 4� ; � •'-ic k� e � aih - rft t r e �y ✓;: sr.0. ....,0:,-0, �� k ��Y> 4Ad s, YJ� ii 8 3 ` " .� • Ey, y. s M ,• d; I v � T -.."••-4,�1 i '$;�,rcf A'� '.:5,�.�; 4.�.sa'`� .s.,i .. fit3z3x Y.�s t: f n< oa j i R, ,�cj, e:t�i. }Skr.., i t - r ,,,r .-:l I-7FY,,,,..1.4:-.. ...!4,•••,:,..,, ,,d-..4:,..•...0;Y. a,- .sly >fi, f , 1.�.. ,o • • 1 . i 1 I I , • • 1 1 I 1 • • I I , " k Environment&F August 22, 2016 • Mr. Lance M. Lumbard Am ec Foster Wheeler Environment& infrastructure, Inc 75 E.Amelia Street, Suite 200 • Orlando. FL 32801 Project: Continuing Professional Lake Management Services Contract: Y 16-903B Dear Mr. Lumbard: • DB Environmental will bill its laboratory services at the following unit prices: Parameter Analysis Method Unit Cost %Moisture ASA 21-2 $9.00 Bulk Density ASA 13 $12.25 Grinding(processing) n/a $15.00 Total Phosphorus EPA 365.2(Digest COE 3-227) $19.25 Salold Bound P DBE SOP OPO4 $32.50 Aluminum Phosphate ` DBE SOP OPO4 $43.00 Iron Phosphate* DBE SOP OPO4 $47.50 Reductant Soluble Phosphate* DBE SOP 0PO4 $130.00 Calcium Phosphate' DBE SOP OPO4 $47.50 Volatile Solids EPA/COE 3-59 $8.00 Total Nitrogen DBE SOP MVP $27.50 • $39150 * Modified Chang&Jackson This price quote is valid far life of the contract. If you have any questions or concerns, please contact me at(321)639-4896, Sincerely, Nancy Cnan Laboratory Manager 00 Environmental-365 Gus Hipp Boulevard,Rockledge,FL. 32955•Phone:321.639.4896•Fax:321,631.3159•e-mail:info@idbenv.com • • its • y: • , 101 1. tt [ u :.:R nil t \ a� �:, .p . • . $ ` F's 1 ; j ... ..;1' 'IiH_ .'^ "y.!r` 3' 3 l; lel > � i d.x- A� ss�' S[Th,1334'N+F �Y�+n ..�. •_.._ _ ._ `.�'! • • fil a:' i.. ..zk'4't.- `` n:.•;43 '?r:,.1 *t4.''',i,S icd"Y r. ... 3 � R �i ` r -ulia—" �.i a", 3.x.it.,4 t .,.,' ,�,'r`- 4 rrS e ,- t;-A,;.,. } s '.fir tiF '' ' .--i v.‹.-,- 'warr _ ^7J' The following brief and synopsis of services is submitted to support AMEC Foster Wheeler's execution of Orange County Contract Y16-9036,Continuing Professional Lake Lake lay0ment Services. We understand the GEAR is expected to accomplish 3%of the contract work. GEAR is able to support AMEC Foster Wheeler with any of the following services,and general lake data measurements,mapping and sampling services. DUNS Number:80782.0399 CAGE Code Number:52D34 Primary NAICS:562910 Business Size:Service-Disabled Veteran-Owned Small Business(SD1'SOE Gator Engineering and Aquifer Restoration (GEAR) has been located in Central Florida and providing professional services with licensed engineers, geologists, and natural scientist since 1993. GEAR specializes in a • broad scope ofenvironmentai engineering, assessment, and remediation services extending from the Mid- . Atlantic States to the Southeast US including Puerto Rico. GEAR's professional staff is licensed as Professional Geologists in Florida and Wisconsin, and as Professional Engineers in Florida, Georgia, South Carolina, North Carolina,and Alabama.Our customers include Federal, State,and local agencies and we are verified by the Center for Veterans Enterprise(CVE)as an SDVCSS. 1 • Alt- .. fil'ii +>vd- 'I' '1✓"k+f>:r�rK34 ''r. n -'S,+ar$4 "fit . F. .Ni y. "F'�,,..1 s�...aY ,:.=p t!-"'-: " ) ,"-:-1,1:-;:w:4-,6!..,..e;. t' is V9 � t 1� I1 i lir','"5:'i-i,.4,,..- �,, , ry• r j,s rl 1 SIi A It( ' �5 f t !i pry 1 S i � tti� f �d u4e a ,.";:•,-.,.,,.;;.1k k i_3 a .I 3 �1" Y�Y. "{ .� t7 " c�r a xr.J'r r ` } 1• 7yj 6�iydstf t t4S �# a t wrl�t :ry 1416,1:‘,i i Yi, F1411' Fni ;i ,_, yy;f to k`4413 ,,yiiii 4r'2t z; '�• t )5 '10!3V rk, r .; kiM i trY: I R 1 rtt td .r r, u• '•'':. 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'"t(.. t��. d :p i G� i t a r 1�1`.. r t: F t � 1+'1 1 i� 11 § '�., - 2. *1 s44,14 r y, 77111— �( ,�5-+ i Y sP�Yµh °i6rfk flr 4. t�h S .•y s, ,SSM.p d .. e r J,F r * 1 r r r E t e k5S q.yT- 1 .1 r a `! tf7 . -,t ri, +}t` :,'- v-1 aRt; 'dry �x+ ` w -.4�i r4, . l tittJ . I ,, r1 fy ti ��,g 5 rr' r7 # £i4��F 10'4 t t ,1�1T 5 .:ir , rlva ,c ,#t�Lrl '�t � 3 P',V e .3 }.'5 T:>� I ^3jxJ L 4. pV b tett(!1,Yio. r �J 4 ) r� 'i 1 ..� i,•,.,.„414411-45•41:11,4 r � j 1' t,,,, ..1.-C c: ,t, +7., 1 c,_i ..L�il, r< uk$ j:M� �t{�E t 1 1{5 k , R 1 �F � .&_,,..,,' F ; 6 '$'tI }1 - 1 Irl T l u)1� r u i v745}.i M` ' f� i`"+ .4.1 - 1 !-R 5S[ •yC� 4 s he'ieff'C[l, I,QgrJ,a ei` 15, ti r. §, 5, ,Zr ,..1; : a .S� Tc r' 'fl1�-7s 1 . $yF . 1- 1 1 ,1'M} )c?113448 4+r A eY ;.. r -.tFti tr ti F„ �I'Gfl51Y F. r :Jr {•..r t I 'I Ft If" . !Y)��rre, • August 2016 • 1173 Spring Centre S.Blvd.,Suite C Altamonte Springs.Florida 32714 www.gearengineer.com . (407)682-2009 (rc l G r • f • s 1.:.. SD11OSE Gator Enginaerine&Aquifer Restoration,tnc. 1173 Sprin;Canite Spoilt GI±.L Suite C S• 4 rltinuonle slm.e't:,fl32;1:•1S1F CC EPIe:Aa7.fi82-211p4F:1C7.eEi-34t: EE QUOTATpN PROPOSAL Reference: ORANGE COUNTY PROFESSIONAL SERVICE COl TRACT#y'1 5-9035 Continuing Professional Lake Management Services As requested, the following is Gator Engineering & Aquifer Restoration, Inc..'s (GEAR) information regarding overhead multipliers and personnel hourly rates for projects with Orange County. These rates will be used throughout the duration of the Contract: • Base Rate: 100% Overhead & Fringe Rates 158% Subtotal 258%. • Profit(10%) 0.26 OVERALL MULTIPLIER 2.84 • Individual classification for personnel hourly rates are as follows: • Classification'Basic Overall Billable - Hourly Rate Multiplier Rate Principle $46.44 2.84 $131.89 Project Manager,(PMP,) $39.06 2.84 $110.93 Senior Engineer(PEI $37.85 2.84 $107.49 Senior Geologist(PG) $34.40 2.84 • $ .97.70 Senior Biologist $31.75 • 2.84 $ 90.17 Junior Engineer $29.44 2.84 $ 83.61 Junior Geologist $25.66 2.84 $ 72.87 Junior Biologist $23.90 2.84 $ 67;88 CADD Draftsman $18.43 . 2.84 $ 52.34 Administration $16.15 2.84 $ 45.87 Under penalty of perjury, I declare that I have read the foregoing and the facts stated in it are true. False statements may result in criminal prosecution for a felony of the third degree as provided for in Section 92.525(3), Florida Statutes. Approved By: Title: Y{2,t,a Date: (Z- 30-2.o((o • EXHIBIT B(CONTINUED) Gator Engineering &Aquifer Restoration, Inc(GEAR)SCHEDULE OF DIRECT EXPENSES Supporting AMEC Contract: ORANGE COUNTY Contract If 6-903B professional Lake ManaaementServices The following is GEAR's information regarding proposed direct expenses • for Orange County Contract Y16-903B Category Unit Cost(ti) Reproduction i • B&W Copies(8.5"X11") each(per side) $0.05 B&W Copies(8.5"X14") each(per side) $0.10 1 B&W Copies(11"X17") each(per side) $0.20 Blackline Copy(22"X34"or 24"X36") each $0.50 Color Copies(8.5"X11") each(per side) $1.00 Color Copies(8.5"X14") each(per side) $1.50 Color Copies(11"X17") each(per side) $2.00 Color Copies(22"X34"or 24"X36") each(per side) $40.00 — Other Reprographic Services each at cost Materials BOnd Plots(22"X34"or 24"X36") each $2.00 Vellum Plots(22"X34"or 24"X36") each $5.00 Mylar Plots(22"X34"or 24"X36") each $10.00 3.Ring Binders each at cost Electronic lNedia Camped Disc write only each $4..00 DVD write only each $1.50 Communications Facsimile(Long Distance) each $0.25 Phone Calls(Long Distance) minute at cost Mobile Phone minute at cost • . Mail • US Mail • each at cost FedEx each at cost ' UPS each at cost Courier each at cost Out-of-County Travel{.J Per Diem day $60.00 Mileage(3) mile $0.45 Tolls each at cost Hotel day at cost Rental Car day at cost Miscellaneous • Legal Notices each at cost Permit Application Fees each at cost Field Supplies _ each at cost Water Level Analysis Equipment day at cost ` Water Quality Analysis Equipment day al cost Specialty Computer Software each at cost Notes: (1)Where"at cost"is indicated,expenses will be passed on without markup. (2) Travel and per diem costs will be in accordance with County's Travel Policy guidelines,and shall not exceed the limits set forth in currents.112.061,Florida Statutes. The values shownabove are current as of the executation day of this contract. (3) Mileage costs will be at County maximum limit at time of billing. Local(in-County)mileage will only be considered if Included in cost proposal and justified, GATOR ENGINEERING&AQUIFER RESTORATION,INC(GEAR) Equipment Rate Schedule Aug 2016 The listed"TOTAL"amount is the maximum allowable daily compensation. Other numbers arc for reference only. The maximum weekly compensation is four(4)times the daily amount. The maximum monthly compensation is three(3) times the weekly amount. item # Item Name Rate �rcit Rate 1 Quantity Total 1 55 gal drum(only) $68.75 each i 2 OVA-AID $106.25 day 3 OVA-FID $162.50 day 4 Water Level Indicator _ $43.75 day 5 Oil/Water Probe $93.75 day 6 Cond,pH/1'emp.Meter $50.00 day 7 YSI Groundwater Meter $125.00 day 8 Peristaltic Pump $50.00 day 9 Diaphragm Pump $25.00 day 10 Grundfos submersible pump $193.75 day 11 _ Air sampling vacuum pump $81.25 day 12 Dissolved Oxygen Meter $50.00 day 13 Hand Auger $56.25 day 14 Disposable 1 micron filter $27.50 unit 15 Drum sampler $6.25 day 16 Silicon tubing $4.56 foot 17 Poly tubing $1.00 foot 18 Sediment Sampler $37.50 day 19 Turbidity meter _ $50.00 day 20 High Flow Pumps $6.25 day 21 _ Survey Encounter Moisture Meter $31.25 day _ • 22 . Heat Gun $6.25 day 23 IAQ Meter $93.75 day •24 Asbestos/Pb Sample Kit $18.75 day 35 _ 12 V Submersible Pump _ $12.50 day 36 4"Concrete Core Bit/Drill $37.50 _ day 37 GPS $62.50 day 38 Surveying Eq_nipment $56.25 day 39 Level C Safety Eq. $90.00 day 40 Disposable Bailers-Poly(3ft) $12.50 unit 41. _ Disposable Bailers-Teflon (3ft) $21.25 unit 42 PVC Well Screen 10 ft section $25.00 unit 43 Expendables-(See Below) $30.00 day 44 Photographic Documentation $15.00 day 45 X-Ray Fluorescence Device(XRF) $150,00 day Expendables(Item 43 Above) The items listed below are all included under the heading of"expendables"above. Although many of these items are not expendable in the sense that you use them once and then throw them away,these items are indicative of the numerous small and inexpensive items that are included in the kits as expendables. This list is provided as guidance. Questions regarding specific items that are not listed should be directed to the Project Manager. GEAR Equipment Rate Sheet 8-29-16.doc Page 1 of 2 • GATOR ENGINEERING&A.QUI:E+ R PES I'OIRRA,TION,INC(GEAR) Equipment Rate Schedule Aug 2016 The list of frequently used expendables includes the following: Absorbent pads Galvanized wash tubs Rake Alconox Garbage cans and bags Sample labels Aluminum foil High pressure.air line Sample preservatives Asphalt/concrete patching material Ice and vermiculite packing Shovel Bailer twine LEL filters Soil sample jars Calibration gases&standards Liquid hand soap Spray paint Camera and film Liquinox soap Sprayer bottles Cleaning brushes Nitrogen gas Stainless steel buckets/bowls DI water Nitryl gloves Survey tape Drop cloths Paper towels Tedlar bags Dry ice Particulate filter Thermometer Duct tape pH paper Tool kit Electrical engineers tool kit Pick axe Traffic cones Extension cords • Plastic buckets Transfer pipette Fire extinguishers Plastic sheeting Tubing-plastic/Tygon/garden hose First aid kits Post hole digger Well caps/locks/ties(replacement) Flashlight Pry bar • Fuel for light duty tools/equipment PVC fittings • • • • GEAR Equipment Rate Sheet 8-29-16.doc Page 2 of 2 • • • • .1ta .4 , • ;.•• •. : , , t • " •••-'r Hydra •.• r •' ••• • q: ••. • , • •,-'•• ' • ••• • • ,• • 421: • -•••• --•-•••:•-. • ',414.1.44i-1V4'.1.-';‘,:;;;:'1,1 • • • • • 1 • • HYDRO ��������� &�8�� K�Y�� ------'----'-----------' �� � &=����� K�i�e�,���=��'�n��� Kh.thnarnu!tily. I311.11' � . � CONTRACT 11Yl8�1,1JB.—CONTINUING PRCIFESSIONAiLAKE MANAGEMENT SERVICES • SCOPE OF WORK fOR KYDRO MODELING INC. • ' | ` � | 1, DATA COLLECTION ! ' ! HMI wili assist AMEC FOSTER WHEELER tc collect data from the offices of Orange County.. Water Management Districts and other agencies, required for the hydraulic, hydrologic, and environmental analyses of the l&ke system, and ! | 2. REVIEWOFENQ/N[[K|NGANALY�|6 � ! HMI will review engineering analyses, including the hydrologic, hydraulic, waterqua|ky.and stormwater analyses, performed by AMEC FOSTER WHEELER .and suggest modifications, if | ! needed. Additionally, HMI will perform the necessary engineering analyses if and _when - ! authorization is given by AMEC FOSTER WHEELER. It will also assist A.K8EC FOSTER WHEELER (a) | | in the selection of best management practices to improve the water quality of the lake systems, and(b)in defending the'se|ecbons in legal proceedings, if needed ' . . 3. MEETINGS | | ! i When requested, HMI will attend meetings conducted by AMEC FOSTER WHEELER with the officials and staff of Orange County, Water Management Districts, Florida Department of Environmental Protection,and the public. 4. OTHER ENGINEERING TASKS When requested, HMI will perform other engineering taskthat are mutually agreed upon by AMEC FOSTER WHEELER and Orange County. | ` PERSONNEL { HMI will utilize the services of Dr.M. Krishnaniurthy,Ph.D., P.E., CFM 7742GkxldeHill Drive " Orlando, Florida 32035'8159 ° Phone: (4O7) 2S2-3064 L__-_ '-------- ---------- C INC H D 0 Fla ttL, i.ut N ,i',!';m1) 14 risk A-•:fgn 0,:t.f1"y, , - TIQN PRP POT1.4. Re GRANGE: CO t Tivry CONTRACT#Yl6903B-CONTINILT/NG PROFESSIONAL LAKE MANAGEMENT SERVICES .•• .• As requested, the following is our information regarding overhead multipliers and Dersomiel hourly rates for projects with Orange County. These rates will be used throughout the duration • • of the Contract. • Base Rate 100% Overhead& Fringe Benefits 120% Subtotal 220% Profit(10%) 0.22 •OVERALL MULTIPLIER 2.42 .••• Individual classification for personnel hourlyrates are as follows: • Classification Basic Hourly Rate Overall Multiplier Billable Rate Dr. M. Krishnamurthy $62.00 1.49 $150,04 President Under penalty of perjury, I declare that I have read the foregoing and the facts stated in it are • true. False statements may result in criminal prosecution for a felony of the third degree as provided for in Section 92.525(3), Florida Statutes. M.Krishnamurthy,President (Printed name and title) (Signattii0. • • August 22, 2016 (Date) 7742 Glynde Hill Drive 0 Orlando, Florida 32835-8159 . Phone: (407) 292-3664 Southern •••:"aS4Ir c-,(1 1.Researcti44 4•' • ^•:`,41' r ' ' • ••••:' a,•'f•—• ,; • -' v'toioI • • • • • E CE SCHEDULE FOR Y.16.1930 Professiona Services •• FOSTER WHEELER • SOUTHERN RESEARCH LABORATORIES, INC. (SRL INC) 2251 LYNX LANE, SUITE 1 ORLANDO, FLORIDA 32804 (407) 522-7100 j Fax: (407) 522-7043 • 1 EFFECTIVE July 2016-2017 GENERAL INFORMATION PRICING: Southern Research Laboratories,Inc. is committed to providing quality analytical data in a consistent,cost- effective manner and thus has no minimum billing charge. Standard Turnaround Time on routine laboratory analysis, quality assurance review, and final report preparation is 7-14 CALENDAR DAYS. RUSH charges if applicable 1-2 day at 100%,2-3 day at 75%,3-4 day at 50% No additional charge for sample preparation. The prices for analysis include preparation. Only TCLP extractions have a separate charge. ® Clients who have their own field sampling capabilities may elect to have custom packed sampling kits prepared for each project by using the "SRL SAMPLE KIT REQUEST • FORM". Simply ask for details on this convenient"no charge"service. COOLERS provided must be returned upon receipt of collected samples in addition to any unused sampling containers that are not needed for the project or applicable charges will apply on the analytical invoice. o Southern Research Laboratories, Inc.pays the cost of cooler shipment"TO"your location unless overnight delivery is required. Analyzed samples are normally held for a period of 4 weeks unless a request to ARCHIVE the samples is made on the Chain of Custody. • BUSINESS HOURS: Southern Research Laboratories,Inc.Customer Service is open Monday-Friday 9:00 a.m.—8:00 p.m. Saturday services are available upon request METALS BY INDUCTIVELY COUPLED PLASMA-ATO.MJC EMISSION SPECTROMETRY EPA/STANDARD.METHODS COST OF ANALYSIS TEST METHOD*** METALS • METAL WATER i a OTHER** Aluminum(Al) 6010/6020 6010/6020 15.00 20.00 Antimony(Sb) 6010/6020 6010/6020 15.00 20.00 Arsenic(As) 6010/6020 6010/6020 15.00 20.00 Barium(Ba) 6010/6020 6010/6020 15.00 20.00 Beryllium(Be) 6010/6020 6010/6020 15.00 20.00 Cadmium(Cd) 6010/6020 6010/6020 15.00 20.00 Calcium(Ca) 6010/6020 6010/6020 15.00 20.00 Chromium(Cr) 6010/6020 6010/6020 15.00 20.00 • Cobalt(Co) 6010/6020 60)0/6020 15.00 '20.00 Copper(Cu) 6010/6020 6010/6020 15.00 20.00 • Iron(Fe) 6010/6020 6010/6020 15.00 20.00 Lead(P2) 6010/6020 6010/6020 15.00 20.00 Magnesium(Mg) 6010/6020 6010/6020 15.00 20.00 • Manganese(Mn) 6010/6020 6010/6020 15.00 20.00 Mercury(Hg)+ 245.1 7470/7471 25.00 30.00 . Molybdenum(Mo) 6010/6020 6010/6020 15.00 20.00 Nickel(Ni) 6010/6020 6010/6020 15.00 20.00 • Potassium(K) 6010/6020 6010/6020 15.00 20.00 Selenium(Se) ._ 6010/6020 6010/6020 15.00 20.00 Silver(Ag) 6010/6020 6010/6020 15.00 20.00 Sodium(Na) 6010/6020 6010/6020 15.00 20.00 Thallium(T1) 6010/6020 6010/6020 15.00 20.00 Vanadium(V) 6010/6020 6010/6020 15.00 20.00 Zinc(Zn) 6010/6020 6010/6020 15.00 20.00 8 RCRA Metals Varies Varies 125.00 165.00 • • Low Level Hg 1631 NA 125.00 NA WATER CATEGORY INCLUDES:DRINKING WATER,WELLWATER,SEAWATER,SURFACEWATER AND EFFLUENTS. °"'OTHER"CA'T'EGORY INCLUDES:SOILS,SEDIMENTS,SLUDGES,ALL HAZARDOUS WASTES AND OILS. PRICES INCLUDE APPROPRIATE 4.1.3,3005,3010,3020 OR 3050 DIGESTIONS. M•BEST APPLICABLE METHOD WILL BE APPLIED FOR DETECTION LIMIT,REGULATIONS AND MATRIX CONSIDERATION. +Mercury analyzed by (Cold Vapor Technique) • ORGANIC ANALYSIS (GC-GCMS) TEST METHOD COST OF ANALYSIS • • METHODOLOGY TITLE NON- OTHER** ' NON- . OTHER** POTABLE I - - I WATER L WATERPOTE • Purgeable Organics+MTBE By GCMS 8260 8260LL - 100.00 110.00 (VOANOH) (VOANOH) • Purgeable Halocarbons By GCIvIS 8260(VOH) 8260LL - 75.00 85.00 (VOH) Purgeable Aromatics+MTBE By GCMS 8260(VOA) 8260LL - 50.00 60.00 (VOA) Purgeable Organics(Full List) By GCMS 8260 8260LL - 125.00 135.00 • EDB,DBCP By 8011 8260 - 50.00 60.00 GC/GCMS Organochlorine Pesticides _ By GC 608/8081 808] - 125.00 125.00 • PCBs(ONLY) By GC 608 8082 - 95.00 95.00 Organophosphorus Pesticides By GC 8I41 8141 - 175.00 175.00 Chlorophenoxy Herbicides By GC 8151 8151 - 195.00 195.00 Nonha]ogenated Solvents By GC 8015 8015 - - 150.00 160.00 Florida-Petroleum Residual By GC FL-PRO FL-PRO - 85.00 90.00 Organics Phenols By GCMS .8270AE 8270AE - 150.00 150.00 • Phthalate Esters By GCMS 8270BN 8270BN - 150.00 150.00 Polynuclear Aromatic By GCMS 8270SIM 8270SIM - 125.00 135.00 Hydrocarbons by GCMS (PAHs1 (PAHs) Semi-Volatile Extractable By GCMS BNAE BNAE - Compounds 625/8270 8270 295.00 295.00 • "Tentatively Identified" By GCMS 8260 Library 8260 Library - 100.00 100.00 Compounds"(Volatile)20 Search Search additional additional i Unknowns "Tentatively Identified By GCMS 8270 Library 8270 Library - •1 00.00 100.00 Compounds" Search Search additional additional (Semi-Volatile)20 Unknowns T.CLP OR SPLP Extraction - 1311/1312 13I1/1312 - 100.00 100.00 • SPLP En Core - 1312 - - 20.00 collection • • NON-POTABLE WATER CATEGORY INCLUDES:GROUNDWATERS,SURFACEWATERS,SEAWATERS,AND EFFLUENTS Low Level(LL)VOCS in soil includes all necessary TERRA CORE LOW LEVEL sampling kits. • "'OTHER°CATEGORY INCLUDES:SOILS,SLUDGES,SEDIMENTS,ALL HAZARDOUS WASTES AND OILS. INORGANIC CONSTITUENTS .. • TEST METHOD COST OF ANALYSIS • INORGANIC CONSTITUENT - WATER OTHER** . WATERS OTHER**S Alkalinity(CaCO3) 310.1 - 20.00 Biochemical Oxygen (BOD 5) * 4G.00* - Demand 405.1 - Carbon,Total Organic 415.2 Walkley-Black 45.00 60.00 Chemical Oxygen Demand 4I0.4 - 45.00 45.00 ' Chloride 300 9056 20.00 30.00 Color 110.3 Description 15.00** 20.00 i Conductivity 120.1 - 15.00 - Cyanide,Total 335.3 9012 50.00 60.00 Chromium,Hexavalent+6 SM 3500-Cr - 45.00** - D i Fluoride 300 9056 25.00 - Halogens,Total 325.3(MOD) 5050/9056 50.00 60.00 Halogens,Organic(TOX) 325.3(MOD) 5050/9056 50.00 60.00 Hardness,Total 130.2 - 40.00 - Hardness,Calcium 130.2 - 25.00 - Hydrocarbons,SGT-HEM 1664 - 125.00 - Hydrogen Sulfide 376.1 9030 40.00 45.00 MBAS • 425.1 - 40.00 - **Due to the short holding times on BODs(48h Holding)Friday samples will be billed at$60 each. **Due to the short holding times on Color(48h Holding)Friday samples will be billed at$25 each. . • TEST METHOD COST OF ANALYSIS • INORGANIC CONSTITUENT • • WATER OTHER** • • WATER$ OTHER**$ Nitrate(NO3) 300 . 9056 20.00** 40.00 Nitrite(NO2) 300 9056 20.00** 40.00 Nitrate-Nitrite SM4500 - 30.00 - Nitrogen(Ammonia)(NH3) 350.1 25.00 - Nitrogen(Kjeldahl)(TKN) 351.2 - 35.00 - 1 Nitrogen,Total TKN+Total - 55.00 - NO2/NO3 • Percent Solids see Residue S160.3 - 20.00 • Percent Liquids - • S160.3 - 20.00 Percent Water - Karl Fischer - 50.00 pH(Field) SM 4500 9045 15.00 20.00 Phosphorus,Ortho 300.0 9056 25:00 - Phosphorus,Total 365.4 - 25.00 Residue,Total Filterable 160.1 - • 20.00 (TDS) Residue,Non-Filterable . SM2540D - 20.00 - (TSS) Sulfate(SO4) 300.0 9056 35.00 35.00 Sulfide 376.1 9030 35.00 40.00 Turbidity I80.1 - 20.00** - • WATER CATEGORY INCLUDES: WELLWATER,SEAWATER,SURFACEWATER,EFFLUENTS, **"OTHER'CATEGORY INCLUDES:SOILS,SEDIMENTS,SLUDGES,ALL HAZARDOUS WASTES AND OILS **"Due to the short holding times on NO2/NO3(486 Holding),Friday samples will be billed at S40 each, ***Due to the short holding times on Turbidity(48h Holding),Friday samples will be billed at S35 each. UST,REMEDIATION&DISPOSAL PACKAGE.NAME DESCRIPTION OF PACKAGE TEST METHODS COST FAC 62-770: WATER:Lead,PRO,EDB,Volatile Aromatics WATER:6010,FL-PRO, 350.00 Gas&Kerosene and Halocarbons, MTBE, 8011,8260,8270SIM- Group Polynudear Aromatic Hydrocarbons (PAH's) SOIL:PRO,Volatile Aromatics,Polynudear Aromatic 275.00 Hydrocarbons SOIL:8260(VOA),8270SIM- (PAN's), FL-PRO FAC 62-770: As,Cd,Cr,Pb,Priority Pollutant Volatiles,Priority Pollutant WATER:6000 series 550.00 Used Oil Semi-Volatiles,FLPRO 8260,8270,PRO Group {Non-Priority Pollutant Organics> 10.00 ppb(est.)and SOIL:6010 or 7000 series, 595.00 Similarity Index>0.75) 8260,8270,FL-PRO AMBIENT .AIR ANALYSIS ANALYSIS DESCRIPTION - COST S • IViETHOD EPA l 8 Volatile BTEX Organics in Ambient Air Using 135.00(BTEX+TLPH) ! Tedlar Bags TO-14 Volatile Organics in Ambient.Air Using SUMMA Passivated Canister Sampling and GC/MS 250.00 Analysis TO-14(mod) GC/MS Analysis as above,but using Tedlar Bags 195.00 or Vacuum Canisters in place of SUMMA. TEDLAR BAGS Sample collection in vessels such as Tedlar bags 15.00 provided by laboratory. SAMPLE KIT SHIPPING GUIDELINES Southern Research Laboratories,Inc.Pays the Complete Cost of shipping coolers and deliveries TO your office only unless,.. I)Overnight Delivery is Needed Via Fed-X. 2)Late Night Friday Orders are placed for Early Monday A.M.Delivery. In the above special circumstances,the client has the choice of either assigning the charges to their appropriate carrier's account number or having SRL handle the arrangements adding an appropriate charge to the final analytical invoice.