Loading...
HomeMy WebLinkAboutItem III (D) Approval and Authorization to Transfer $3,130 from Wastewater Reserve for Contingency to Wastewater Professional Service/Other, and Authorization for LJ Nordarse & Associates to Perform the Work Fee of $3,130 AGENDA 12-21-93 • • - Item III D + O ,` r I Of GOO, JAMES W.SHIRA,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 (407)656-2322 MEMORANDUM DATE: December 10, 1993 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E. City Engineer/Utilities Director SUBJECT: Dedicated Disposal Site Plan Groundwater Monitoring Plan We are required by the Florida Department of Environmental Protection to follow very stringent guidelines for the disposal of wastewater residuals on our treatment plant site. The Department recently issued a permit to us for this activity, and has required, as a condition of the permit, that we install three groundwater monitoring wells on-site no later than February 16, 1994. We asked for fee quotations for this work from L.J. Nodarse and Associates, Inc., Professional Services Industries, Inc., and Universal Engineering Sciences. All firms responded, with fees of$3,130.00, $4,062.50 and $4,606.75 respectively. Copies of these quotations are attached for your reference. When the FY93/94 budget was prepared, we were unaware that DEP would require us to install these new wells and did not budget for them. Accordingly, I recommend that the City Commission authorize a transfer of $3,130.00 from wastewater Reserve for Contingency (current balance in this account is $221,387.50) to wastewater Professional Service/Other, and authorize L.J. Nodarse & Associates, Inc. to perform the work outlined in their proposal dated November 30, 1993 for a not-to-exceed fee of $3,130.00. JWS/jbw Attachments W P6O\DOGS\DDSP.MAY\O9D.93\C:DOCS THE PRIDE OF WEST ORANGE 6‘,0171 Gu�'r" Offices in: • UNIVERSAL OOcalao „ ENGINEERING • SCIENCES •Gainesville •Fort Myers Consultants In:Geotechnical Engineering • •Merritt Island Environmental Sciences •Construction Materials Testing •Daytona Beach •West Palm Beach November 30, 1993 City of Ocoee 150 North Lakeshore Drive s Ocoee, Florida 34761 NOV 30 '993 Attention: James W. Shira, P.E. City Engineer/Utility Director : _ Reference: Proposal for Groundwater Monitoring Plan Implementation Dedicated Disposal Site Plan Ocoee, Florida Dear Mr. Shira, Universal Engineering Sciences is pleased to submit our proposal for geotechnical engineering services on this project. Our understanding of this project, together with our proposed scope of services and costs, are presented in the following paragraphs. PROJECT DESCRIPTION We have reviewed the Ocoee Dedicated Disposal Site document provided by the Florida Department of Environmental Protection. It indicates that three monitor wells must be installed in the surficial aquifer. Groundwater samples from each well must be analyzed to provide a baseline. SCOPE OF SERVICES Task 1 -Soil Borings: Universal Engineering Sciences will perform a Standard Penetration Test soil boring for each monitor well location. Borings will be made to depths of 10 feet to 15 feet. Standard Penetration Tests (SPT) will be performed continuously in the upper ten-feet of each boring and on five-foot centers thereafter to the bottom of the borings. Our field representative will visually classify the soil samples at each test interval and place them in clean glass jars, which are labeled for future identification. Groundwater levels will be obtained in each boring upon initial encounter and later when the water table has stabilized. At the completion of the site work, the borings will be backfilled with the soil cuttings. The soil samples will be transported to our Orlando laboratory for better classification testing than can be performed by field methods. This information will be included with our well completion reports. Task 2-Monitor Well Construction: Universal Engineering Sciences will construct a monitor well at each specified location in accordance with FDEP requirements. The wells will include a five foot screen installed below the groundwater level and above the restrictive sand layer. Each well will be sized for depth and screen interval according to the information obtained from our soil borings. The wells will be finished with a concrete pad and locking steel cover. We will have a surveyor determine the well elevations. We have assumed the site is accessible to our truck- mounted drilling rig and that you will provide the right of access. 3532 Maggie Blvd. • Orlando, FL 32811 • (407) 423-0504 City of Ocoee Attention: James W. Shire, P.E. City Engineer/Utility Director Reference: Proposal for Groundwater Monitoring Plan Implementation Dedicated Disposal Site Plan Ocoee, Florida November 30, 1993 Page 2 Task 3 - Initial Groundwater Sampling: Universal Engineering Sciences will collect a groundwater sample from each well. While sampling, we will follow our Comprehensive Quality Assurance Plan. We will note the groundwater elevation and temperature for each sampling event. An analytical laboratory, approved and certified by FDEP, will analyze the samples for the following: Arsenic Selenium Cadmium Zinc Chromium Turbidity Copper pH Lead Conductance Mercury Nitrates Molybdenum Chlorides Nickel Task 4 - Completion Report: At the completion of the field and laboratory testing services, our project engineer will prepare a report under the direction of a registered professional engineer or registered geologist. The report will contain the following information at a minimum: • Soil boring logs and classifications • Existing groundwater levels ▪ Monitor well construction details • Analytical chemistry results Task 5 - Quarterly Sampling and Reporting: If desired, Universal Engineering Sciences can conduct your quarterly sampling and reporting. Our environmental technician will sample the wells for the parameters noted on the 'Parameter Monitoring Report' forms (DER Form 17- 1.216(2)). COSTS AND TERMS Presented on Exhibit I, attached, is our costs for performing these services. We will not exceed our budget unless the soils encountered are significantly different than those anticipated or the site is not accessible to our truck-mounted drilling rig. In either event, you will be notified prior to any increase in costs. If you wish us to proceed please have the party responsible for payment sign the appropriate space on the Work Authorization/Proposal Acceptance Form and return both copies to us for our execution. We will sign and return a fully executed copy to you. RP City of Ocoee - Attention: James W. Shire, P.E. City Engineer/Utility Director Reference: Proposal for Groundwater Monitoring Plan Implementation Dedicated Disposal Site Plan Ocoee, Florida November 30, 1993 Page 3 We can begin this work within five working days after notification to proceed and will complete this project in less than two weeks thereafter. If you should have any questions concerning this information please call. We look forward to working with The City of Ocoee on this project. Sincerely, Universal Engineering Sciences Richard M. Gibbs, P.E. Director of Marketing RMG:mec Enclosures: Scope of Work Work Authorization (2) General Conditions SCOPE OF WORK AND COST ESTIMATE • GROUNDWATER MONITORING PLAN IMPLEMENTATION DEDICATED DISPOSAL SITE PLAN OCOEE, FLORIDA KIIIIII*441.00.0.111.1NEINAINOWN1113WPOWANIX000111 Task 1 - Soil BorInas Mobilization Lump Sum No Charge SPT Borings 45 feet $7.75/foot $348.75 (3 borings to 15 feet) Task 2 - Monitor Well Construction Monitor Wells 45 feet $27.20/foot $1,224.00 (3 wells to 15 feet) Well Development 3 hours $50.00/hour $150.00 Decontamination 3 hours $50.00/hour $150.00 Surveying (Estimate) Lump Sum $750.00 Task 3 - Initial Groundwater Semolina Groundwater Sampling 6 hours $45.00/hour $270.00 Analytical Chemistry 4 samples $300.00/each $1,200.00 Task 4- Completion Report Project Scientist 4 hours $60.00/hour $240.00 Senior Geologist 1 hour $80.00/hour $80.00 CADD Draftsman 4 hours $35.00/hour $140.00 Technical Secretary 2 hours $27.00/hour $54.00 Watit-lie:ZaWITii.W= .7.*:••::::::.44U?Agittolvazza Task 5- Quarterly Semolina Groundwater Sampling 6 hours $45.00/hour $270.00 Analytical Chemistry 3 samples $70.00/each $210.00 Quarterly Report Lump Sum $200.00 UNIVERSAL ENGINEERING SCIENCES, INC. Work Authorization / Proposal Acceptance Form Universal Engineering Sciences,Inc.(UES)is pleased to provide the services described below.The purpose of this document is to describe the terms under which the services will be provided and to obtain formal aut:orimdlon. PROJECT NAME: Groundwater Monitorina Plan Implementation PROJECT LOCATION: Dedicated Disposal Site Plan. Ocoee. Florida CUENT NAME: City of Ocoee Date: November 30. 1993 CUENT ADDRESS: 150 North Lakeshore Drive. Ocoee, Florida 34761 I. Scope of Services and Understanding of Project(See attached proposal or as indicated below) IL Contract Documents. The following documents form part of this Agreement and are Incorporated herein by referral: A. UES General Conditions. B. UES Proposal Dated: November 30.1993 C. Plans,reports,specifications and other documents provided by the Client prior to this Agreement date. D. Other exhibits marked and described as follows: Scope of Work and Cost Estimate In the event of any inconsistency or conflict among the Contract Documents.the provision in the Contract Document first listed above shell govern. ILL Authority to proceed and for payment. (To be completed by Client) If the invoice is to be mailed for approval to someone other than the account charged,please indicate where.below: Social Security Number or Frm: Federal Identification No.: Address: City: Zip: Attention: Title: IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their duly authorized represert+tives CLIENT UNIVERSAL ENGINEERING SCIENCES,INC. BY(Signature) BY(Signature) TYPED NAME TYPED NAME William D.Adams,P.G. TITLE TITLE Vice President DATE DATE Return executed copies to the Universal Engineering Sciences office indicated below: [x] Orlando [] Daytona Beach t1 Merritt Island [] Gainesville []West Palm Beech [1 Fort Myers 3532 Maggie Boulevard Orlando,Florida 32811 UNIVERSAL ENGINEERING SCIENCES, INC. GENERAL CONDITIONS SECTION 1: RESPONSIBILITIES 1.1 Universal Engineering Sciences, Inc., heretofore referred to as the'Consultant,' has the responsibility for providing the services described under the'Scope of Services'section. The work is to be performed according to accepted standards of care and is to be completed in a timely manner. 1.2 The'Client'or a duly authorized representative, is responsible for providing the Consultant with a clear understanding of the project nature and scope. The Client shall supply the Consultant with sufficient and adequate information, including, but not limited to, maps, site plans, reports, surveys and designs, to allow the Consultant to properly complete the specified services. The Client shall also communicate changes in the nature and scope of the project as soon as possible during performance of the work so that the changes can be incorporated into the work product SECTION 2: STANDARD OF CARE 2.1 Services performed by the Consultant under this Agreement are expected by the Client to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the Consultant's profession practicing contemporaneously under similar conditions in the locality of the project No other warranty, expressed or implied, is made. 2.2 The Client recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or other explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by the Consultant will be based solely on information available to the Consultant at the time of service. The Consultant is responsible for those data,interpretations,and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. SECTION 3: SITE ACCESS AND SITE CONDITIONS 3.1 Client will grant or obtain free access to the site for all equipment and personnel necessary for the Consultant to perform the work set forth in this Agreement The Client will notify any and all possessors of the project site that Client has granted Consultant free access to the site. The Consultant will take reasonable precautions to minimize damage to the site, but it is understood by Client that,in the normal course of work,some damage may occur, and the correction of such damage is not part of this Agreement unless so specified in the Proposal. 3.2 The Client is responsible for the accuracy of locations for all subterranean structures and utilities. The Consultant will take reasonable precautions to avoid known subterranean structures,and the Client waives any claim against Consultant,and agrees to defend,indemnify,and hold Consultant harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, Client agrees to compensate Consultant for any time spent or expenses incurred by Consultant in defense of any such claim with compensation to be based upon Consultant's prevailing fee schedule and expense reimbursement policy. SECTION 4: SAMPLE OWNERSHIP AND DISPOSAL 4.1 Soil or water samples obtained from the project during performance of the work shall remain the property of the Client 4.2 The Consultant will dispose of or return to Client all remaining soils and rock samples 60 days after submission of report covering those samples. Further storage or transfer of samples can be made at Client's expense upon Client's prior written request 4.3 Samples which are contaminated by petroleum products or other chemical waste will be returned to Client for treatment or disposal, consistent with all appropriate federal, state, or local regulations. SECTION 5: BILLING AND PAYMENT 5.1 Consultant will submit invoices to Client monthly or upon completion of services. Invoices will show charges for different personnel and expense classifications. 5.2 Payment is due 30 days after presentation of invoice and is past due 31 days from invoice date. Client agrees to pay a finance charge of one and one-half percent [1-1/2%] per month, or the maximum rate allowed by law, on past due accounts. 5.3 If the Consultant incurs any expenses to collect overdue billings on invoices,the sums paid by the Consultant for reasonable attorney's fees,court costs, Consultant's time, Consultant's expenses, and interest will be due and owing by the Client SECTION 6: OWNERSHIP OF DOCUMENTS 6.1 All reports, boring logs,field data,field notes, laboratory test data, calculations, estimates, and other documents prepared by the Consultant, as instruments of service, shall remain the property of the Consultant 6.2 Client agrees that all reports and other work furnished to the Client or his agents,which is not paid for, will be returned upon demand and will not be used by the Client for any purpose. 6.3 The Consultant will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to the Client at all reasonable times. SECTION 7: DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS 7.1 Client warrants that a reasonable effort has been made to inform Consultant of known or suspected hazardous materials on or near the project site. 7.2 Under this agreement,the term hazardous materials includes hazardous materials(40 CFR 172.01), hazardous wastes (40 CFR 261.2),hazardous substances (40 CFR 300.6), petroleum products, polychlorinated biphenyls, and asbestos. 7.3 Hazardous materials may exist at a site where there is no reason to believe they could or should be present Consultant and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work. Consultant and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for Consultant to take immediate measures to protect health and safety. Client agrees to compensate Consultant for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous waste. 7.4 Consultant agrees to notify Client when unanticipated hazardous materials or suspected hazardous materials are encountered. Client agrees to make any disclosures required by law to the appropriate governing agencies. Client also agrees to hold Consultant harmless for any and all consequences of disclosures made by Consultant which are required by governing law. In the event the project site is not owned by Client,Client recognizes that it is the Client's responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. 7.5 Notwithstanding any other provision of the Agreement, Client waives any claim against Consultant, and to the maximum extent permitted by law, agrees to defend, indemnify, and save Consultant harmless from any claim, liability, and/or defense costs for injury or loss arising from Consultant's discovery of unanticipated hazardous materials or suspected hazardous materials including any costs created by delay of the project and any cost associated with possible reduction of the property's value. Client will be responsible for ultimate disposal of any samples secured by the Consultant which are found to be contaminated. SECTION 8: RISK ALLOCATION 8.1 Client agrees that Consultant's liability for any damage on account of any error, omission or other professional negligence will be limited to a sum not to exceed $50,000 or Consultant's fee, whichever is greater. If Client prefers to have higher limits on professional liability, Consultant agrees to increase the limits up to a maximum of $1,000,000 upon Client's written request at the time of accepting our proposal provided that Client agrees to pay an additional consideration of four percent of the total fee, or$400.00, whichever is greater. The additional charge for the higher liability limits is because of the greater risk assumed and is not strictly a charge for additional professional liability insurance. SECTION 9: INSURANCE 9.1 The Consultant represents and warrants that it and its agents,staff and Consultants employed by it,is and are protected by worker's compensation insurance and that Consultant has such coverage under public liability and property damage insurance policies which the Consultant deems to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, Consultant agrees to indemnify and save Client harmless from and against loss, damage, or liability arising from negligent acts by Consultant, its agents, staff, and consultants employed by it. The Consultant shall not be responsible for any loss, damage or liability beyond the amounts, limits,and conditions of such insurance or the limits described in Section 8,whichever is less. The Client agrees to defend indemnify and save consultant harmless for loss, damage or liability arising from acts by client, client's agent, staff, and other consultants employed by Client. SECTION 10: DISPUTE RESOLUTION 10.1 All claims, disputes, and other matters in controversy between Consultant and Client arising out of or in any way related to this Agreement will be submitted to'alternative dispute resolution'(ADR) such as mediation and/or arbitration, before and as a condition precedent to other remedies provided by law. 10.2 If a dispute at law arises related to the services provided under this Agreement and that dispute requires litigation instead of ADR as provided above, then: (a) the claim will be brought and tried in judicial jurisdiction of the court of the county where Consultant's principal place of business is located and Client waives the right to remove the action to any other county or judicial jurisdiction, and (b) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees, and other claim related expenses. SECTION 11: TERMINATION 11.1 This agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, Consultant shall be paid for services performed to the termination notice date plus reasonable termination expenses. 11.2 In the event of termination, or suspension for more than three (3) months, prior to completion of all reports contemplated by this Agreement, Consultant may complete such analyses and records as are necessary to complete his files and may also complete a report on the services performed to the date of notice of termination or suspension. The expense of termination or suspension shall include all direct costs of Consultant in completing such analyses, records and reports. SECTION 12: ASSIGNS 12.1 Neither the Client nor the Consultant may delegate, assign, sublet or transfer his duties or interest in this Agreement without the written consent of the other party. SECTION 13: GOVERNING LAW AND SURVIVAL 13.1 The laws of the State of Florida will govern the validity of these Terms, their interpretation and performance. 13.2 if any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this Agreement for any cause. IGeotechnical, `.. i Environmental & Materials Engineers December 10, 1993 . Project No. 93-0461 LJNodarse &Associates,Inc TO: CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 ATTN: Mr. Jim Shira City Engineer/Utilities Director RE: Proposal to Install Groundwater Monitoring Wells, Sample and Analyze Groundwater, Ocoee Dedicated Disposal Site, Orange County, Florida Dear Mr. Shira: In response to your letter dated November 22, 1993, L.J. Nodarse & Associates, Inc. (LJN) is pleased to present our estimated cost to implement the groundwater monitoring plan recently approved by the Florida Department of Environmental Protection for the subject site. Based upon our understanding of the approved groundwater monitoring plan, the following is our proposed scope of services: 1. Install three 2-inch PVC monitoring wells to an estimated depth of 15 feet below land surface, following construction requirements as outlined under paragraph 3 of the approved groundwater monitoring plan. 2. Remove groundwater quality samples from each of the three monitoring wells, analyzing each sample for the parameters specified in the approved groundwater monitoring plan. All sampling procedures will be as specified by the Florida Department of Environmental Protection. All samples will be analyzed by a Florida DHRS Certified Laboratory as specified by the approved groundwater monitoring plan. 3. Prepare and submit to the Florida Department of Environmental Protection a monitoring well completion report for each well constructed, together with the sample analytical information within 30 days of well completion. DEC 14 1993 11 807 South Orlando Avenue♦Suite A•Winter Park, Florida 32789•Telephone 407.740.6110•Facsimile 407.740.6112 Project No. 93-0461 Page 2. The initial sampling event will include analyses for those parameters listed under paragraph 7 of the approved groundwater monitoring plan. Subsequent quarterly monitoring will be for those parameters listed under paragraph 8 of the approved plan. At least 15 days prior to the construction of groundwater monitoring wells and sampling events, the Florida Department of Environmental Protection will be notified in writing through the City of Ocoee. All reports and correspondence will be made following instructions as outlined in the approved groundwater monitoring plan. Based upon the above generally outlined scope of services, the following is our estimated cost to complete the outlying task. A. FIELD SERVICES 1. Installation of 3 groundwater monitoring wells including well installation, well development and decontamination $1,500.00 B. WATER QUALITY SAMPLING & ANALYSIS 1. Well sampling, 5 hrs. @ $50.00 $250.00 2. Water quality analysis 3 samples @ $310.00 ea. $930.00 C. PROFESSIONAL SERVICES 1. Report Preparation Senior Environmental Specialist 3 hrs. @ $100.00/hr. $300.00 2. Secretarial 2 hrs. @ $30.00/hr. $60.00 3. Graphics 3 hrs. @ $30.00/hr. $90.00 Total Estimate Project Cost $3,130.00 The cost estimates for monitoring well installation assume a monitoring well total depth of 15 feet. Should a lesser or greater amount of monitoring well be required, costs will be adjusted in accordance with the unit rates quoted above. Project No. 93-0461 Page 3 L.J. Nodarse & Associates, Inc. is pleased to have presented this proposal on this important project. Should you have any questions regards to the information provided herein please do not hesitate to contact us at (407) 740-6110. Sincerely, L.J. NODARSE & ASSOCIATES, INC. David B. Twedell Senior Environmental Consultant Le ) • , i • Nodarse, P.E. P dent Authorized Signature Date I f Ik I , r11141pa le"II Professional Servi•.- Industries, Inc. �i__ � Environmental Manage ent Group December 9, 1993 City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Attention: James W. Shira, P.E. City Engineer/Utilities Director Re: Ocoee Dedicated Disposal Site Groundwater Monitoring Plan Implementation Ocoee, Florida GMS I.D. No. 3048M00280 Permit No. D048-202981 PSI Proposal Number: P756-262 Dear Mr. Shim: Based on your letter to Gerald Sell dated November 22, 1993 and discussions with Sarah Whittaker at the Florida Department of Environmental Protection, Professional Service Industries, Inc. (PSI) recommends the following scope of services. Task 1 - Installation of Monitoring Wells Three monitoring wells (MW-1, MW-2 and MW-3) will be installed and developed in the approximate locations shown in the drawing submitted in your bid package titled "Proposed Monitoring Well Location". Prior to installing the wells, soil borings will be conducted to determime proper well depth and screen interval. A post-construction completion report will be submitted to Florida Department of Environmental Protection (FDEP) based on information in Item 5 of your request for proposal. Pleae note that in order to submit the "FDEP Monitoring Well Completion Report", a survey must be completed to determine the Ground Surface Elevation (NGVD). This service is not included in our proposal. Well depth is assumed to be 15 feet, but will be billed on a per foot basis. The wells will be 2-inch diameter, Schedule 40, PCV. 1685 Lee Road,Suite 130 • Winter Park,FL 32789 • Phone:407/645-1575 • Fax:407/645-5259 City of Ocoee December 9, 1993 Page 2 of 4 Task 2 - Initial Sampling After a minimum of forty-eight hours after the well is developed, an initial sampling will be done for the following parameters: arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, zinc, turbidity, pH, temperature, conductivity, nitrates, chlorides and groundwater level. Samples will be transported to your designated, local laboratory on the day of sampling. Based on the above outlined services, PSI's estimated costs to complete the three listed tasks are as follows: A. Drilling Services 1. Mobilization of Drilling Equipment and Crew $ 150.00 2. Decontamination of Equipment 270.00 3. Three Auger Borings to 15 Feet Each 0-25 foot depths @ $6.50/linear foot 292.50 4. Three Shallow Monitoring Wells to 15 Feet With Five feet of Screen 0-25 foot depths @ $20.00/linear foot 900.00 5. 2-Foot x 2-Foot Concrete Pad with TC-400 Steel Locking Riser 3 units Q $150.00/each 450.00 6. Development of Wells 225.00 Drilling Services Subtotal $2,287.50 B. Field Services 1. Two Person Sampling Crew for Monitoring Monitoring 8 hours Q $80.00/hour $ 640.00 City of Ocoee December 9, 1993 Page 3 of 4 2. Sampling Supplies (MW-1, MW-2 and MW-3) 3 wells Q $15.00/well 45.00 4. pH Conductivity & Water Level Meter 1 day @ $40.00/day 40.00 Field Services Subtotal $ 725.00 C. Professional Services 1. Senior Engineer 2 hours Q $90.00/hour $ 180.00 2. Staff Geologist 10 hours Q $60.00/hour 600.00 3. CADD Drafting Services 4 hours Q $35.00/hour 140.00 5. Secretarial Services 4 hours @ $32.50/hour 130.00 Professional Services Subtotal $1,050.00 TOTAL ESTIMATED PROJECT COST $4,062.50 The above costs are PSI's estimate to complete the generally outlined scope of additional services. The above tasks can be completed within approximately four to five weeks upon receipt of written authorization of the project. If any field conditions are encountered that would change the above cost estimate, the City of Ocoee will be notified prior to the implementation of those changes. PSI will coordinate with the City of Ocoee for all well installation and sampling activities. The results of the field and laboratory testing will be presented in a report prepared under the supervision of a professional engineer or professional geologist. It will include the collected field and laboratory data, and an evaluation of the data relative to the suspected contaminants. �a7s City of Ocoee December 9, 1993 Page 4 of 4 All work will be performed in accordance with the PSI Environmental General Conditions, which are incorporated into and made part of this proposal. It should be noted that the removal from the site and the disposal of contaminated soils, groundwater and other materials is not included in the scope of work. PSI will proceed with the work only upon receipt of a signed copy of this proposal intact. The scope of services described herein can be completed within two to three weeks from approval to proceed at the quoted fees shown. Please retain two copies of the signed proposal and return one intact copy to this office. Professional Service Industries, Inc. appreciates the opportunity to bid on this project. We look forward to working with the City of Ocoee. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Z.jz_ a's-- Michael D. Lane, P.E. David C. Beerbower, P.G. Senior Engineer Environmental Department Manager MDL/DCB:jlk Attachment: General Conditions B:MDLOO2K AGREED TO THIS DAY OF , 1993 BY: TITLE: DATE: GENERAL CONDITIONS ENVIRONMENTAL SURVEY ACTIVITIES 1. PARTIES AND SCOPE OF WORK: Professional Service Industries,Inc.('PSI")shall include said com,pany,,or its particular division,subsidiary or affiliate performing the work. 'Work"means the service(s)performed by PSI for client or at client's direction. 'This Agreement consists of PSI's proposal PSI's Schedule of Fees and Services client's written acceptance thereof if accepted by PSI,and these General Conditions. 'Client'refers to the person or business entity ordering the work to be done by PSI. If client is ordering the work on behalf of another,client represents and warrants that client is the duly authorized agent of said party for the purpose of ordering and directing said work and in such case the term'client"also includes the principal for whom the work is being performed. Prices quoted and chargedhy PSI for its work are predicated upon the conditions and the allocation of risks and obligations expressed in this agreement. Unless this agreement specifically provides that PSI is to perform its work pursuant to specified Federal,State or local regulations,client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by client is adequate and sufficient for client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom client transmits any partof PSI's work. PSI shall have no duty or obligation to any party other than those duties and obligations expressly set forth in this agreement. Ordering work from PSI shall constitute acceptance of the terms of this agreement. PSI shall be under no obligation to inform other parties of its activities or discoveries,but shall not be negligent if it does so. 2. HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring PSI to assume the status of a generator,scorer, transporter treater or disposal facility as those terms appear within RCRA or within any Federal or state statute or regulation governing the generation,transportation,treatment, storage and ndisposal of pollutants. Client assumes full-responsibility for compliance with the provisions of RCRA and any other Federal or state statute or regulation governing the handling,treatment,storage and disposal of pollutants. 3. SCHEDULING OF WORK: The services set forth in PSI's proposal and client's acceptance will be accomplished in a timely and workmanlike manner by PSI personnel. If PSI is required to delay any part of its work to accommodate the requests or requirements of client,regulatory agencies,or third parties or due to any causes beyond the direct reasonable control of PSI,additional charges may be applicable,which client agrees to pay. 4. ACCESS TO SITE: Client will arrange to and provide access to each site upon which it will be necessary for PSI to perform its work. In the event work is required on any site not owned by client,client represents and warrants to PSI that client has obtained all necessary permissions for PSI-to enter upon the site and conduct its work. Client shall,upon request,provide PSI with evidence of such permission as well as acceptance of the other terms and conditions set forth herein by the owner(s)and tenants(s),if applicable,of such site(s) in form acceptable to PSI. Client acknowledges that it is not PSI's responsibility to notify any such property owner of the discovery of actual or suspected pollutants. Client further recognizes that knowledge of such suspected or actual condition may result in a reduction in a property's value and may provide incentive to owners of properties affected to initiate legal action against client and/or others. Any work performed by PSI with respect to obtaining permission to enter upon and do work on the lands of others as well as any work performed by PSI pursuant to this agreement shall be deemed as being done on behalf of client and client agrees to assume all risks thereof. PSI shall take reasonable measures and precautions to minimize damage to each site and any improvements located thereon as the result of its work and the use of its equipment;however,PSI has not included in its fee the cost of restoration of damage which mayoccur. If client or the possessor of any interest in any site desires or requires PSI to restore site to its former conditions,upon written request of client,PSI will perform such additional work as is necessary to do and client agrees to pay to PSI the cost thereof. 5. CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that he has advised PSI of any known or suspected hazardous materials,utility lines and pollutants at any site at which PSI is to do work hereunder,and unless PSI has assumed in writing the responsibility of locating subsurface objects,structures,lines,or conduits, client agrees to defend,indemnify and save PSI harmless from all claims suits, losses costs and expenses,including reasonable attorneys fees as a result of personal injury, death or propertydamage occurring with respect to PSI's performance of its work and resulting to or caused by contact with subsurface or latent objects,structures,lines or conduits where the actual or potential presence and location thereof was not revealed to PSI by client. 6. LIMITATIONS OF PROCEDURES, EQUIPMENT AND TESTS: Information obtained from inspections analysis and testing of sample materials shall be accurately reported on boring logs. Such information is considered evidence with respect to the detection,quantification and identification of pollutants,but any inference or conclusion based thereon is necessarily an opinion also based upon engineering judgment and shall not be construed as a representation of fact. Groundwater levels and composition may vary due to seasonal and climatical changes and extnnsic conditions and,unless samples and testing are conducted over an extended period of time pollutants contained therein may escape detection. A site at which pollutants are not found to exist or at the time of inspection do not, in fact,exist, may later due to intervening causes such as natural groundwater flows or human intervention,become contaminated. There is a risk that sampling techniques may themselves result in contamination of certain subsurface areas such as when a probe or boring device moves through a contaminated area linking it to an aquifer,underground stream or other hydrous body not previously contaminated and capable of transporting pollutants. Because the risks set forth in this paragraph are unavoidable and because the sampling techniques to be employed are a necessary aspect of PSI's work on client's behalf,client agrees to assume these risks. 7. DISCOVERY OF UNANTICIPATED POLLUTANTS: The discovery of certain pollutants may make it necessary for PSI to take immediate measures to protect health and safety. PSI agrees to notify client as soon as practically possible should such pollutants be suspected or discovered. Client agrees to reimburse PSI for the reasonable cost of implementing such measures under the circumstances. S. SOIL AND SAMPLE DISPOSAL: Unless otherwise agreed in writing, soils known at the time to be contaminated will be placed in containers,labeled and left on the site for proper disposition by client;and samples removed by PSI to its laboratory will,upon completion of testing,be disposed by PSI in an approved manner. 9. WARRANTY: PSI's work will be performed,its findings obtained and its reportsrepared in accordance with this agreement and with generally accepted principals and practices. In performing its work hereunder, PSI will use that degree of care and skillordinarilyexercised under similar circumstances by members of its profession in the community. This warranty is in lieu of all other warranties or representation,either expressed or implied. Client agrees that the maximum liability of PSI, whether under contract or negligence,shall be limited to S25,000.00 or the total amount of the fee paid to PSI under this agreement, whichever amount is greater. In the event client is unwilling or unable to limit PSI's liability in accordance with the provisions set forth in this paragraph,upon written request of client together with payment of an additional fee in the amount of 5% of PSI's estimated cost for doin the work received within five days of client's acceptance hereof(to be adjusted to 5% of the amount actually billed by PSI for its work on the project at time of completion,the limit of liability shall be increased to $250, 0.00. This charge will not be construed as being a charge for insurance of any type,but i 00 s increased consideration for the greater liability involved. 10. INDEMNITY: In the event that client or client(s)principal shall bring any suit,cause of action or counterclaim against PSI,to the extent that PSI shall prevail,the party initiating such action shall pay to PSI the costs and expenses incurred to answer and or defend such action, including reasonable attorney's fees and court costs. In no event shall PSI indemnify any other party for the consequences of the party's negligence,including failure to follow PSI's recommendations. 11. PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within said thirty(30)day period at the maximum interest rate permitted under applicable law,until paid. Client agrees to pay PSI's cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and reasonable attorney's fees. PSI shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this agreement,any provision wherein PSI waives any rights to a mechanics'lien,or any provision conditioning PSI's sight to receive payment of its work uon payment to client by any third party. These general conditions are notice,where required,that PSI shall file a lien whenever necessaryto collect past due amounts. Failure to make payment within thirty(30)days of invoice shall constitute a release of PSI from any and all claims which client may have,either in tort or contract,and whether known or unknown at the time. 12. TERMINATION: This agreement may be terminated by either party upon seven day's prior written notice. In the event of termination,PSI shall be compensated by client for all services performed up to and including the termination date,including reimbursable expenses. 13. WITNESS FEES: PSI's employees shall not be retained as expert witnesses except by separate written agreement. Client agrees to pay PSI pursuant to PSI's then current fee schedule for any PSI employee subpoenaed by any party as an occurrence witness as a result of PSI's wort. 14. ENTIRE AGREEMENT: This agreement contains the entire understanding between the parties. Client acknowledges that no representations warranties,undertakings or promises have been made other than and except those expressly contained herein. This agreement may be amended,modified or terminated only by a written instrument signed by each of the parties hereto. I'll t. ~moi Professional Service Industries, Inc' Environmental Management Group December 9, 1993 City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Attention: James W. Shira, P.E. City Engineer/Utilities Director Re: Ocoee Dedicated Disposal Site Groundwater Monitoring Plan Implementation Ocoee, Florida GMS I.D. No. 3048M00280 Permit No. D048-202981 PSI Proposal Number: P756-262 Dear Mr. Shira: Based on your letter to Gerald Sell dated November 22, 1993 and discussions with Sarah Whittaker at the Florida Department of Environmental Protection, Professional Service Industries, Inc. (PSI) recommends the following scope of services. Task 1 - Installation of Monitoring Wells Three monitoring wells (MW-1, MW-2 and MW-3) will be installed and developed in the approximate locations shown in the drawing submitted in your bid package titled "Proposed Monitoring Well Location". Prior to installing the wells, soil borings will be conducted to determime proper well depth and screen interval. A post-construction completion report will be submitted to Florida Department of Environmental Protection (FDEP) based on information in Item 5 of your request for proposal. Pleae note that in order to submit the "FDEP Monitoring Well Completion Report", a survey must be completed to determine the Ground Surface Elevation (NGVD). This service is not included in our proposal. Well depth is assumed to be 15 feet, but will be billed on a per foot basis. The wells will be 2-inch diameter, Schedule 40, PCV. 1685 Lee Road,Suite 130 • Winter Park,FL 32789 • Phone:407/645-1575 • Fax:407/645-5259 ti City of Ocoee December 9, 1993 Page 2 of 4 Task 2 - Initial Sampling After a minimum of forty-eight hours after the well is developed, an initial sampling will be done for the following parameters: arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, zinc, turbidity, pH, temperature, conductivity, nitrates, chlorides and groundwater level. Samples will be transported to your designated, local laboratory on the day of sampling. Based on the above outlined services, PSI's estimated costs to complete the three listed tasks are as follows: A. Drilling Services 1. Mobilization of Drilling Equipment and Crew $ 150.00 2. Decontamination of Equipment 270.00 3. Three Auger Borings to 15 Feet Each 0-25 foot depths @ $6.50/linear foot 292.50 4. Three Shallow Monitoring Wells to 15 Feet With Five feet of Screen 0-25 foot depths @ $20.00/linear foot 900.00 5. 2-Foot x 2-Foot Concrete Pad with TC-400 Steel Locldng Riser 3 units @ $150.00/each 450.00 6. Development of Wells 225.00 Drilling Services Subtotal $2,287.50 B. Field Services 1. Two Person Sampling Crew for Monitoring Monitoring 8 hours Q $80.00/hour $ 640.00 Zvi .i .' City of Ocoee December 9, 1993 Page 3 of 4 2. Sampling Supplies (MW-1, MW-2 and MW-3) 3 wells @ $15.00/well 45.00 4. pH Conductivity & Water Level Meter 1 day @ $40.00/day 40.00 Field Services Subtotal $ 725.00 C. Professional Services 1. Senior Engineer 2 hours @ $90.00/hour $ 180.00 2. Staff Geologist 10 hours Cel $60.00/hour 600.00 3. CADD Drafting Services 4 hours @ $35.00/hour 140.00 5. Secretarial Services 4 hours @ $32.50/hour 130.00 Professional Services Subtotal $1,050.00 TOTAL ESTIMATED PROJECT COST $4,062.50 The above costs are PSI's estimate to complete the generally outlined scope of additional services. The above tasks can be completed within approximately four to five weeks upon receipt of written authorization of the project. If any field conditions are encountered that would change the above cost estimate, the City of Ocoee will be notified prior to the implementation of those changes. PSI will coordinate with the City of Ocoee for all well installation and sampling activities. The results of the field and laboratory testing will be presented in a report prepared under the supervision of a professional engineer or professional geologist. It will include the collected field and laboratory data, and an evaluation of the data relative to the suspected contaminants. Mme' City of Ocoee December 9, 1993 Page 4 of 4 All work will be performed in accordance with the PSI Environmental General Conditions, which are incorporated into and made part of this proposal. It should be noted that the removal from the site and the disposal of contaminated soils, groundwater and other materials is not included in the scope of work. PSI will proceed with the work only upon receipt of a signed copy of this proposal intact. The scope of services described herein can be completed within two to three weeks from approval to proceed at the quoted fees shown. Please retain two copies of the signed proposal and return one intact copy to this office. Professional Service Industries, Inc. appreciates the opportunity to bid on this project. We look forward to working with the City of Ocoee. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Michael D. Lane, P.E. David C. Beerbower, P.G. Senior Engineer Environmental Department Manager MDL/DCB:jlk Attachment: General Conditions B:MDLOO2K 44 AGREED TO THIS z I DAY OF , 1993 BY: 'ITl'LE: DATE: ai 4 r ENVIRONMENTALGENERAL SURVEYACTIVITIES 1. PARTIES AND SCOPE OF WORK: Professional Service Industries Inc.("PSI")shall include said company,or its particular division subsidiary or affiliate performing the work. "Work"means the service(s)performed by PSI for client or at client 's direction. "This Agreement consists of PSI's proposal PSI's Schedule of Fees and Services client's written acceptance thereof if accepted by PSI,and these General Conditions. "Client"refers to the person or business entity ordering the work to be done by PSI. If client is ordering the work on behalf of another,client represents and warrants that client is the duly authorized agent of said party for the purpose of ordering and directing said work and in such case the term"client"also includes the principal for whom the work is being performed. Prices quoted and chargedhy PSI for its work are predicated upon the conditions and the allocation of risks and obligations expressed in this agreement. Unless this agreement specifically provides that PSI is to perform its work pursuant to specified Federal,State or local regulations,client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by client is adequate and sufficient for client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom client transmits any part of PSI's work. PSI shall have no duty or obligation to any party other than those duties and obligations expressly set forth in this agreement. Ordering work from PSI shall constitute acceptance of the terms of this agreement. PSI shall be under no obligation to inform other parties of its activities or discoveries,but shall not be negligent if it does so. 2. HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring PSI to assume the status of a generator,storer, transporter treater or disposal facility as those terms appear within RCRA or within any Federal or state statute or regulation governing the generation,transportation,treatment, storage and disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or state statute or regulation governing the handling,treatment,storage and disposal of pollutants. 3. SCHEDULING OF WORK: The services set forth in PSI's proposal and client's acceptance will be accomplished in a timely and workmanlike manner by PSI personnel. If PSI is required to delay any part of its work to accommodate theuests or requirements of client,regulatory agencies,or third parties or due to any causes beyond the direct reasonable control of PSI,additional charges may be applicable,which client agrees to pay. 4. ACCESS TO SITE: Client will arrange to and provide access to each site upon which it will be necessary,for PSI to perform its work. In the event work is required on any site not owned by client,client represents and warrants to PSI that client has obtained all necessary permissions for PSI-to enter upon the site and conduct its work. Client shall,upon request,provide PSI with evidence of such permission as well as acceptance of the other terms and conditions set forth herein by the owner(s)and tenants(s),if applicable,of such sites)in form acceptable to PSI. Client acknowledges that it is not PSI's responsibility to notify any such property owner of the discovery of actual or suspected pollutants. Client further recognizes that knowledge of such suspected or actual condition may result in a reduction in a property's value and may provide incentive to owners of properties affected to initiate legal action against client and/or others. Any work performed by PSI with respect to obtaining permission to enter upon and do work on the lands of others as well as any work performed by PSI pursuant to this agreement shall be deemed as being done on behalf of client and client agrees to assume all risks thereof. PSI shall take reasonable measures and precautions to minimize damage to each site and any improvements located thereon as the result of its work and the use of its equipment;however,PSI has not included in its fee the cost of restoration of damage which mayoccur. If client or the possessor of any interest in any site desires or requires PSI to restore site to its former conditions,upon written request of client,PSI will perform such additional work as is necessary to do and client agrees to pay to PSI the cost thereof. 5. CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that he has advised PSI of any known or suspected hazardous materials,utility lines and pollutants at any site at which PSI is to do work hereunder,and unless PSI has assumed in writing the responsibility of locating subsurface objects,structures,lines,or conduits, client agrees to defend,indemnify and save PSI harmless from all claims suits, losses costs and expenses,including reasonable attorneys fees as a result of personal injury, death or property damage occumng with respect to PSI's performance of its work and resulting to or caused by contact with subsurface or latent objects,structures,lines or conduits where the actual or potential presence and location thereof was not revealed to PSI by client. 6. LIMITATIONS OF PROCEDURES,EQUIPMENT AND TESTS: Information obtained from inspections analysis and testing of sample materials shall be accurately reported on boring logs. Such information is considered evidence with respect to the detection,quantification and identification of pollutants,but any inference or conclusion based thereon is necessarily an opinion also based upon engineering judgment and shall not be construed as a representation of fact. Groundwater levels and composition may vary due to seasonal and climatical changes and extrinsic conditions and,unless samples and testing are conducted over an extended period of time pollutants contained therein may escape detection. A site at which pollutants are not found to exist or at the time of inspection do not,in fact,exist,may later due to intervening causes such as natural groundwater flows or human intervention,become contaminated. There is a risk that sampling techniques may themselves result in contamination of certain subsurface areas such as when a probe or boring device moves through a contaminated area linking it to an aquifer,underground stream or other hydrous body not previously contaminated and capable of transporting pollutants. Because the risks set forth in this paragraph are unavoidable and because the sampling techniques to be employed are a necessary aspect of PSI's work on client's behalf,client agrees to assume these risks. 7. DISCOVERY OF UNANTICIPATED POLLUTANTS: The discovery of certain pollutants may make it necessary for PSI to take immediate measures to protect health and safety. PSI agrees to notify client as soon as practically possible should such pollutants be suspected or discovered. Client agrees to reimburse PSI for the reasonable cost of implementing such measures under the circumstances. 8. SOIL AND SAMPLE DISPOSAL: Unless otherwise agreed in writing, soils known at the time to be contaminated will be placed in containers,labeled and left on the site for proper disposition by client;and samples removed by PSI to its laboratory will,upon completion of testing,be disposed by PSI in an approved manner. 9. WARRANTY: PSI's work will be performed,its findings obtained and its reports prepared in accordance with this agreement and with generally accepted principals and practices. In performing its work hereunder,PSI will use that degree of care and skill ordinarily exercised under similar circumstances by members of its profession in the community. This warranty is in lieu of all other warranties or representation,either expressed or implied. Client agrees that the maximum liability of PSI,whether under contract or negligence,shall be limited to $25,000.00 or the total-amount of the fee paid to PSI under this agreement,whichever amount is greater. In the event client is unwilling or unable to limit PSI's liability in accordance with the provisions set forth in this paragraph,upon written request of client together with payment of an additional fee in the amount of 5%of PSI's estimated cost for doin the work received within five days of client's acceptance hereof(to be adjusted to 5%of the amount actually billed by PSI for its work on the project at time of completion,the limit of liability shall be increased to $250,000.00. This charge will not be construed as being a charge for insurance of any type,but is increased consideration for the greater liability involved. 10. INDEMNITY: In the event that client or client(s)principal shall bring any suit cause of action or counterclaim against PSI,to the extent that PSI shall prevail,the party initiating such action shall pay to PSI the costs and expenses incurred to answer and or defend such action,including reasonable attorney's fees and court costs. In no event shall PSI indemnify any other party for the consequences of the party's negligence,including failure to follow PSI's recommendations. 11. PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within said thirty(30)day period at the maximum interest rate permitted under applicable law,until paid. Client agrees to pay PSI's cost of collection of all amounts due and unpaid after sixty(60)days,.including court costs and reasonable attorney's fees. PSI shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this agreement,any provision wherein PSI waives any rights to a mechanics'lien,or any provision conditioning PSI's right to receive payment of its work upon payment to client by any thirdarty. These general conditions are notice,where required,that PSI shall file a lien whenever necessary to collect past due amounts. Failure to make payment within thirty-((30)days of invoice shall constitute a release of PSI from any and all claims which client may have,either in tort or contract,and whether known or unknown at the time. 12. TERMINATION: This agreement may be terminated by either party upon seven day's prior written notice. In the event of termination,PSI shall be compensated by client for all services performed up to and including the termination date,including reimbursable expenses. 13. WITNESS FEES: PSI's employees shall not be retained as expert witnesses except by separate written agreement. Client agrees to pay PSI pursuant to PSI's then current fee schedule for any PSI employee subpoenaed by any party as an occurrence witness as a result of PSI's work. 14. ENTIRE AGREEMENT: This agreement contains the entire understanding between the parties. Client acknowledges that no representations warranties,undertakings or promises have been made other than and except those expressly contained herein. This agreement may be amended,modified or terminated only by a written instrument signed by each of the parties hereto. Dirt/ UNIVERSAL Offices in: •Orlando •Ocala IE ENGINEERING SCIENCES •Gainesville •Fort Myers Consultants In:Geotechnical Engineering • •Merritt Island Environmental Sciences • Construction Materials Testing •Daytona Beach •West Palm Beach November 30, 1993 City of Ocoee � � � � a� � ,� I 150 North Lakeshore Drive 1 Ocoee, Florida 34761 J II, NOV 3 019931 Attention: James W. Shira, P.E. City Engineer/Utility Director _ Reference: Proposal for Groundwater Monitoring Plan Implementation-- Dedicated mplementationDedicated Disposal Site Plan Ocoee, Florida Dear Mr. Shira, Universal Engineering Sciences is pleased to submit our proposal for geotechnical engineering services on this project. Our understanding of this project, together with our proposed scope of services and costs, are presented in the following paragraphs. PROJECT DESCRIPTION We have reviewed the Ocoee Dedicated Disposal Site document provided by the Florida Department of Environmental Protection. It indicates that three monitor wells must be installed in the surficial aquifer. Groundwater samples from each well must be analyzed to provide a baseline. SCOPE OF SERVICES Task 1 - Soil Borings: Universal Engineering Sciences will perform a Standard Penetration Test soil boring for each monitor well location. Borings will be made to depths of 10 feet to 15 feet. Standard Penetration Tests (SPT) will be performed continuously in the upper ten feet of each boring and on five-foot centers thereafter to the bottom of the borings. Our field representative will visually classify the soil samples at each test interval and place them in clean glass jars, which are labeled for future identification. Groundwater levels will be obtained in each boring upon initial encounter and later when the water table has stabilized. At the completion of the site work, the borings will be backfilled with the soil cuttings. The soil samples will be transported to our Orlando laboratory for better classification testing than can be performed by field methods. This information will be included with our well completion reports. Task 2-Monitor Well Construction: Universal Engineering Sciences will construct a monitor well at each specified location in accordance with FDEP requirements. The wells will include a five foot screen installed below the groundwater level and above the restrictive sand layer. Each well will be sized for depth and screen interval according to the information obtained from our soil borings. The wells will be finished with a concrete pad and locking steel cover. We will have a surveyor determine the well elevations. We have assumed the site is accessible to our truck- mounted drilling rig and that you will provide the right of access. 3532 Maggie Blvd. • Orlando, FL 32811 • (407) 423-0504 City of Ocoee Attention: James W. Shire, P.E. City Engineer/Utility Director Reference: Proposal for Groundwater Monitoring Plan Implementation Dedicated Disposal Site Plan Ocoee, Florida November 30, 1993 Page 2 Task 3 - Initial Groundwater Sampling: Universal Engineering Sciences will collect a groundwater sample from each well. While sampling, we will follow our Comprehensive Quality Assurance Plan. We will note the groundwater elevation and temperature for each sampling event. An analytical laboratory, approved and certified by FDEP,will analyze the samples for the following: Arsenic Selenium Cadmium Zinc Chromium Turbidity Copper pH Lead Conductance Mercury Nitrates Molybdenum Chlorides Nickel Task 4 - Completion Report: At the completion of the field and laboratory testing services, our project engineer will prepare a report under the direction of a registered professional engineer or registered geologist. The report will contain the following information at a minimum: • Soil boring logs and classifications • Existing groundwater levels • Monitor well construction details • Analytical chemistry results Task 5 - Quarterly Sampling and Reporting: If desired, Universal Engineering Sciences can conduct your quarterly sampling and reporting. Our environmental technician will sample the wells for the parameters noted on the 'Parameter Monitoring Report" forms (DER Form 17- 1.216(2)). COSTS AND TERMS Presented on Exhibit I, attached, is our costs for performing these services. We will not exceed our budget unless the soils encountered are significantly different than those anticipated or the site is not accessible to our truck-mounted drilling rig. In either event, you will be notified prior to any increase in costs. If you wish us to proceed please have the party responsible for payment sign the appropriate space on the Work Authorization/Proposal Acceptance Form and return both copies to us for our execution. We will sign and return a fully executed copy to you. RP City of Ocoee • Attention: James W. Shire, P.E. City Engineer/Utility Director Reference: Proposal for Groundwater Monitoring Plan Implementation Dedicated Disposal Site Plan Ocoee, Florida November 30, 1993 Page 3 We can begin this work within five working days after notification to proceed and will complete this project in less than two weeks thereafter. If you should have any questions concerning this information please call. We look forward to working with The City of Ocoee on this project. Sincerely, Universal Engineering Sciences Richard M. Gibbs, P.E. Director of Marketing RMG:mec Enclosures: Scope of Work Work Authorization (2) General Conditions SCOPE OF WORK AND COST ESTIMATE GROUNDWATER MONITORING PLAN IMPLEMENTATION DEDICATED DISPOSAL SITE PLAN OCOEE, FLORIDA s ....:::::........::::::..:::::::..:: ......:....::..:::.:.::::....::.....:.: j ::::.::.......... �i! 1111.1111111111*Iing. .....t........ sj•}.... ... ;9: XNFR:iii:i:i-ri: Task 1 - Soil Borinps Mobilization Lump Sum No Charge SPT Borings 45 feet $7.75/foot $348.75 (3 borings to 15 feet) Task 2 - Monitor Well Construction Monitor Wells 45 feet $27.20/foot $1,224.00 (3 wells to 15 feet) Well Development 3 hours $50.00/hour $150.00 Decontamination 3 hours $50.00/hour $150.00 Surveying (Estimate) Lump Sum $750.00 Task 3 - Initial Groundwater Sampling Groundwater Sampling 6 hours $45.00/hour $270.00 Analytical Chemistry 4 samples $300.00/each $1,200.00 Task 4 - Completion Report Project Scientist 4 hours $60.00/hour $240.00 Senior Geologist 1 hour $80.00/hour $80.00 CADD Draftsman 4 hours $35.00/hour $140.00 Technical Secretary 2 hours $27.00/hour $54.00 ac. avroc}.?�. :};{��.�� �'. "<or• gafi^o•;.•,:,,,t;,t, •}. ;;.:?ttta4t;}r,.. .c;•�sao?,�.�wx,4y ti�a+a.{. w : x� � .t. :a:�":..- .'� ;.t,N t•::::::`:..:3:;h.ek.. .3..`.4�^::•':?.�:`•:••.•"�.,`•:.••::{{..,•<:t .:'�5:�; .}.Wit• }-iy�.ti.,.ti^,o':,Z:;$.w�.:?:;E:tik t t �' '.��x�-,, '�,.fit �1 �. .'•\, ti•:"�n,F:,hiti'i i:: �f� •++t:.�`.`' •'�..-F }• '• '•- .}': 4-.+' x�,-.��•'• :::}�..,'tr •.,..,',. .cx:'t;..? :j��j:��:j•. •' iiia%' '.';: .ti :$�7� •.L b. .i ,::;: j7 u:;•:'' }:•'}:4:•}:•\:•.\t;4.,}. '\ti4t;.}:v:•}}}:.?}:;...t\...tiryn,w::{.?:t::•:::::.vv:xvr.:?:::.�:•:...\:`}:•..�:. u.:::w:...n..t...t....n.....::b:>.;v...... Task 5- Quarterly Sampling Groundwater Sampling 6 hours $45.00/hour $270.00 Analytical Chemistry 3 samples $70.00/each $210.00 Quarterly Report Lump Sum $200.00 ..at v, .,•�{.'`}:•'�r,"�:..�. .t.��%3�+ .:aY? ,x�'•v4c,t.t.:.,.•� :;�:•}•:••�{,.. ;t�j? :::::R>.:`�'•}}}::•`•::;:<:f '� :o'•2c.{•}a-{.;:1•:;;:::a::>:'t'to�:. ,x2s,, <y::. •;w` .+c:::@` .. �Y� �{•• ,• __}•;:}t<: L1 }•': <a ' 1wc;`:'.-•,ety ,.". :''.: :w4�'�:t'•::k�•,'�h•.'�'.v.,, ••.as., '.- '' ... •?.ASF.•....•''..••�••.•:::-•'.--:•;:.::•:;;:}:::::::.:.,•.•}�.•.,�•....�.R``.,•-•. c,. . .,r»;,•?... UNIVERSAL ENGINEERING SCIENCES, INC. Work Authorization / Proposal Acceptance Form Universal Engineering Sciences. Inc. (UES) is pleased to provide the services described below.The purpose of this document is to describe the terms under which the services will be provided and to obtain formal authorization. PROJECT NAME: Groundwater Monitoring Plan Implementation PROJECT LOCATION: Dedicated Disposal Site Plan, Ocoee, Florida CLIENT NAME: City of Ocoee Date: November 30, 1993 CLIENT ADDRESS: 150 North Lakeshore Drive, Ocoee, Florida 34761 I. Scope of Services and Understanding of Project (See attached proposal or as indicated below) II. Contract Documents. The following documents form part of this Agreement and are incorporated herein by referral: A. UES General Conditions. B. UES Proposal Dated: November 30, 1993 C. Plans, reports, specifications and other documents provided by the Client prior to this Agreement dabs. D. Other exhibits marked and described as follows: Scope of Work and Cost Estimate In the event of any inconsistency or conflict among the Contract Documents,the provision in the Contract Document first listed above shall govern. III. Authority to proceed and for payment. (To be completed by Client) If the invoice is to be mailed for approval to someone other than the account charged, please indicate where, below: Social Security Number or Firm: Federal Identification No.: Address: City: Zip: Attention: Title: IN WITNESS WHEREOF,the parties have caused this agreement to be execute :y their duly authorized representatives CLIENT UNIVERSAL ENGINEERING SCIENCES, INC. BY(Signature) BY(Signature) TYPED NAME TYPED NAME William D.Adams,P.G. TITLE TITLE Vice President DATE DATE Return executed copies to the Universal Engineering Sciences office indicated below: [x] Orlando [] Daytona Beach [] Merritt Island [1 Gainesville [] West Palm Beach [] Fort Myers 3532 Maggie Boulevard Orlando, Florida 32811 UNIVERSAL ENGINEERING SCIENCES, INC. Work Authorization / Proposal Acceptance Form Universal Engineering Sciences, Inc. (UES) Is pleased to provide the services described below.The purpose of this document is to describe the terms under which the services will be provided and to obtain formal authorization. PROJECT NAME: Groundwater Monitoring Plan Implementation PROJECT LOCATION: Dedicated Disposal Site Plan, Ocoee, Florida CLIENT NAME: City of Ocoee Date: November 30, 1993 CLIENT ADDRESS: 150 North Lakeshore Drive, Ocoee, Florida 34761 I. Scope of Services and Understanding of Project (See attached proposal or as indicated below) II. Contract Documents. The following documents form part of this Agreement and are incorporated herein by referral: A. UES General Conditions. B. UES Proposal Dated: November 30,1993 C. Plans, reports,specifications and other documents provided by the Client prior to this Agreement date. D. Other exhibits marked and described as follows: Scope of Work and Cost Estimate In the event of any inconsistency or conflict among the Contract Documents,the provision in the Contract Document first listed above shall govern. III. Authority to proceed and for payment. (To be completed by Client) If the invoice is to be mailed for approval to someone other than the account charged, please indicate where, below: Social Security Number or Firm: Federal Identification No.: Address: City: Zip: Attention: Title: IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their duly authorized representatives CLIENT UNIVERSAL ENGINEERING SCIENCES, INC. BY(Signature) BY(Signature) TYPED NAME TYPED NAME William D.Adams,P.G. TITLE TITLE Vice President DATE DATE Return executed copies to the Universal Engineering Sciences office indicated below: [x] Orlando [] Daytona Beach i] Merritt Island [] Gainesville [] West Palm Beach [] Fort Myers 3532 Maggie Boulevard Orlando, Florida 32811 UNIVERSAL ENGINEERING SCIENCES, INC. GENERAL CONDITIONS SECTION 1: RESPONSIBILITIES 1.1 Universal Engineering Sciences, Inc., heretofore referred to as the'Consultant,' has the responsibility for providing the services described under the'Scope of Services'section. The work is to be performed according to accepted standards of care and is to be completed in a timely manner. 1.2 The"Client" or a duly authorized representative, is responsible for providing the Consultant with a clear understanding of the project nature and scope. The Client shall supply the Consultant with sufficient and adequate information, including, but not limited to, maps, site plans, reports, surveys and designs, to allow the Consultant to properly complete the specified services. The Client shall also communicate changes in the nature and scope of the project as soon as possible during performance of the work so that the changes can be incorporated into the work product. SECTION 2: STANDARD OF CARE 2.1 Services performed by the Consultant under this Agreement are expected by the Client to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the Consultant's profession practicing contemporaneously under similar conditions in the locality of the project. No other warranty, expressed or implied, is made. 2.2 The Client recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or other explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by the Consultant will be based solely on information available to the Consultant at the time of service. The Consultant is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. SECTION 3: SITE ACCESS AND SITE CONDITIONS 3.1 Client will grant or obtain free access to the site for all equipment and personnel necessary for the Consultant to perform the work set forth in this Agreement. The Client will notify any and all possessors of the project site that Client has granted Consultant free access to the site. The Consultant will take reasonable precautions to minimize damage to the site, but it is understood by Client that, in the normal course of work,some damage may occur, and the correction of such damage is not part of this Agreement unless so specified in the Proposal. 3.2 The Client is responsible for the accuracy of locations for all subterranean structures and utilities. The Consultant will take reasonable precautions to avoid known subterranean structures,and the Client waives any claim against Consultant,and agrees to defend, indemnify,and hold Consultant harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, Client agrees to compensate Consultant for any time spent or expenses incurred by Consultant in defense of any such claim with compensation to be based upon Consultant's prevailing fee schedule and expense reimbursement policy. SECTION 4: SAMPLE OWNERSHIP AND DISPOSAL 4.1 Soil or water samples obtained from the project during performance of the work shall remain the property of the Client. 4.2 The Consultant will dispose of or return to Client all remaining soils and rock samples 60 days after submission of report covering those samples. Further storage or transfer of samples can be made at Client's expense upon Client's prior written request. 4.3 Samples which are contaminated by petroleum products or other chemical waste will be returned to Client for treatment or disposal, consistent with all appropriate federal, state, or local regulations. SECTION 5: BILLING AND PAYMENT 5.1 Consultant will submit invoices to Ciient monthly or upon completion of services. Invoices will show charges for different personnel and expense classifications. 5.2 Payment is due 30 days after presentation of invoice and is past due 31 days from invoice date. Client agrees to pay a finance charge of one and one-half percent [1-1/2%] per month, or the maximum rate allowed by law, on past due accounts. 5.3 If the Consultant incurs any expenses to collect overdue billings on invoices,the sums paid by the Consultant for reasonable attorney's fees,court costs, Consultant's time, Consultant's expenses, and interest will be due and owing by the Client. SECTION 6: OWNERSHIP OF DOCUMENTS 6.1 All reports, boring logs,field data,field notes, laboratory test data, calculations, estimates, and other documents prepared by the Consultant, as instruments of service, shall remain the property of the Consultant. 6.2 Client agrees that all reports and other work furnished to the Client or his agents, which is not paid for, will be returned upon demand and will not be used by the Client for any purpose. 6.3 The Consultant will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to the Client at all reasonable times. SECTION 7: DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS 7.1 Client warrants that a reasonable effort has been made to inform Consultant of known or suspected hazardous materials on or near the project site. 7.2 Under this agreement,the term hazardous materials includes hazardous materials(40 CFR 172.01), hazardous wastes (40 CFR 261.2), hazardous substances (40 CFR 300.6), petroleum products, polychlorinated biphenyls, and asbestos. 7.3 Hazardous materials may exist at a site where there is no reason to believe they could or should be present. Consultant and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work. Consultant and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for Consultant to take immediate measures to protect health and safety. Client agrees to compensate Consultant for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous waste. 7.4 Consultant agrees to notify Client when unanticipated hazardous materials or suspected hazardous materials are encountered. Client agrees to make any disclosures required by law to the appropriate governing agencies. Client also agrees to hold Consultant harmless for any and all consequences of disclosures made by Consultant which are required by governing law. In the event the project site is not owned by Client,Client recognizes that it is the Client's responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. 7.5 Notwithstanding any other provision of the Agreement, Client waives any claim against Consultant, and to the maximum extent permitted by law, agrees to defend, indemnify, and save Consultant harmless from any claim, liability, and/or defense costs for injury or loss arising from Consultant's discovery of unanticipated hazardous materials or suspected hazardous materials including any costs created by delay of the project and any cost associated with possible reduction of the property's value. Client will be responsible for ultimate disposal of any samples secured by the Consultant which are found to be contaminated. SECTION 8: RISK ALLOCATION 8.1 Client agrees that Consultant's liability for any damage on account of any error, omission or other professional negligence will be limited to a sum not to exceed $50,000 or Consultant's fee, whichever is greater. If Client prefers to have higher limits on professional liability, Consultant agrees to increase the limits up to a maximum of $1,000,000 upon Client's written request at the time of accepting our proposal provided that Client agrees to pay an additional consideration of four percent of the total fee, or$400.00, whichever is greater. The additional charge for the higher liability limits is because of the greater risk assumed and is not strictly a charge for additional professional liability insurance. SECTION 9: INSURANCE 9.1 The Consultant represents and warrants that it and its agents,staff and Consultants employed by it,is and are protected by worker's compensation insurance and that Consultant has such coverage under public liability and property damage insurance policies which the Consultant deems to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, Consultant agrees to indemnify and save Client harmless from and against loss, damage, or liability arising from negligent acts by Consultant, its agents, staff, and consultants employed by it. The Consultant shall not be responsible for any loss, damage or liability beyond the amounts, limits,and conditions of such insurance or the limits described in Section 8,whichever is less. The Client agrees to defend indemnify and save consultant harmless for loss, damage or liability arising from acts by client, client's agent, staff, and other consultants employed by Client. SECTION 10: DISPUTE RESOLUTION 10.1 All claims, disputes, and other matters in controversy between Consultant and Client arising out of or in any way related to this Agreement will be submitted to'alternative dispute resolution' (ADR) such as mediation and/or arbitration, before and as a condition precedent to other remedies provided by law. 10.2 If a dispute at law arises related to the services provided under this Agreement and that dispute requires litigation instead of ADR as provided above, then: (a) the claim will be brought and tried in judicial jurisdiction of the court of the county where Consultant's principal place of business is located and Client waives the right to remove the action to any other county or judicial jurisdiction, and (b) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees, and other claim related expenses. SECTION 11: TERMINATION 11.1 This agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, Consultant shall be paid for services performed to the termination notice date plus reasonable termination expenses. 11.2 In the event of termination, or suspension for more than three (3) months, prior to completion of all reports contemplated by this Agreement, Consultant may complete such analyses and records as are necessary to complete his files and may also complete a report on the services performed to the date of notice of termination or suspension. The expense of termination or suspension shall include all direct costs of Consultant in completing such analyses, records and reports. SECTION 12: ASSIGNS 12.1 Neither the Client nor the Consultant may delegate, assign, sublet or transfer his duties or interest in this Agreement without the written consent of the other party. SECTION 13: GOVERNING LAW AND SURVIVAL 13.1 The laws of the State of Florida will govern the validity of these Terms, their interpretation and performance. 13.2 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable,the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this Agreement for any cause.