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HomeMy WebLinkAbout2009-300 WORK ORDER NUMBER 22 This Work Order Number 22 is entered into as of this 17 day of November , 2009 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of August 10 , 2004 and amended July 24 , 2007 ( as so amended , the "Agreement' ) , by and between Indian River County Board of County Commissioners ( " COUNTY" ) on the same terms as the existing Agreement , as extended , between the Indian River County Solid Waste Disposal District , a dependent special district of Indian River County , Florida , ( " DISTRICT' ) and Geosyntec , Inc . , a Florida corporation ( " CONSULTANT" ) . The COUNTY has selected the Consultant to perform the professional services set forth on Attachment A , attached to this Work Order and made part hereof by this reference . The professional services will be performed by the Consultant for the fee schedule set forth in Attachment B , attached to this Work Order and made a part hereof by this reference . The Consultant will perform the professional services within the Schedule more particularly set forth in Attachment A , attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement . Pursuant to paragraph 1 . 4 of the Agreement , nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein . IN WITNESS WHEREOF , the parties hereto have executed this Work Order as of the date first written above . CONSULTANT GEOSYNTEC CONS NTS , INC . INDIAN IVER COUNTY tl 344n Thomas A. Peel , Ph . D. , Vice President The Chairman - Pete D . 0 ' Br ;/ an fog: Attest : J . K . Ba n , Clerk of C rt By : Dep y Clerk proved : R irpvedo, eh Aaird , County Administrator oa o fo a d l al sufficiency : n r; County Attorney Geosyntec � 6770 South Washington Avcnuc, Suitc3 Titusville, Florida 32780 PH 32 I ' 69. 5880 consultants FAX 321 . 269 . 5S 13 wkNNr osynaec.aom ATTACHMENT A 7 November 2009 Mr. Tom Frame General Services Director Indian River County 1800 27 ` ' Street Vero Beach, Florida 32960 Subject : Professional Services Proposal Foam - Fill Underground Storage Tank Closure Marks Mobil 4310 20"' Street Vero Beach , FL 32966 - 2202 FDEP Facility ID #31 / 8520214 Dear Mr . Frame : Geosyntec Consultants ( Geosyntec) is pleased to submit this fee proposal to Indian River County ( IRC ) for professional services associated with the closure of one , 12 , 000 gallon steel underground storage tank ( UST ) , two , 10 , 000 gallon steel USTs , and one, 1 , 000 gallon steel UST at the referenced Marks Mobil site . It is Geosyntec ' s understanding that the 12 , 000 gallon UST and one , 10 , 000 gallon UST have been used for the storage of unleaded gasoline, one , 10 , 000 gallon UST has been used for the storage of diesel fuel , and one , 1 , 000 gallon UST has been used for waste oil . The scope of work described below has been developed in accordance with Florida Department of Environmental Protection ( FDEP ) Storage Tank System Closure Assessment Requirements and Chapter 62 - 761 , Florida Administrative Code ( FAC ) . Based on Florida Statute 376 . 30716 , sampling is not required prior to tank closure at sites that are eligible for the petroleum cleanup program . Since this site is eligible for petroleum cleanup program funding in the future, soil and groundwater sampling are not required prior to the UST closure activities and will not be included as part of this project scope of work . The proposed scope of work for the services required to close the USTs via foam filling has been broken down into three separate phases ( Phases A through C ) as described below . Mr . Tom Frame Geosyntec 7 November 2009 consultants Page 2 Phase A — Preliminary Activities Phase A includes project management for the entire project , as well as all preliminary activities associated with securing project costs from subcontractors and preparing a Site- Specific Health and Safety Plan to cover the UST closure activities . Specific activities include : • Preparation of an OSHA - required , Site- Specific Health and Safety Plan ; • project planning and management responsibilities , subcontracting, invoice review , project coordination , and project administration ; and • participating in on - site meetings and correspondence with IRC , IRC Department of Health , and Brevard County Natural Resources Management Office ( administers petroleum cleanup program in IRC ) . Phase B — UST Closure Field Activities Phase B includes project activities associated with implementing the UST closure activities , including the following tasks : • Perform oversight and monitoring of activities associated with the proper foam - closure of the 12 , 000 gallon UST , two , 10 , 000 - gallon USTs , and one, 1 , 000 gallon UST in accordance with Chapter 62 - 761 , FAC . Tasks to be performed by Geosyntec " s subcontractor will include the following : o properly remove and dispose of fuel dispensers and tank pumps at the IRC landfill ; o remove any liquid residue/sludge within the USTs utilizing a vacuum truck ( up to 8 hrs of vacuum truck time ) ; o flush and cap all fuel lines ; o prepare fuel storage tanks for foam closure ; o fill all tanks and lines with foam ; and o properly dispose of all wastes ( assumed at up to 1 , 000 gallons of petroleum contact water associated with UST cleaning ) . Three subcontractor quotes are attached . Please note that the two of the three foam fill subcontractor bids require the support of a licensed petroleum storage systems contractor ( PSSC ) ; accordingly , their costs have been combined with PR& D ( Attached) . Geosyntec XR09293 /CCR09293 . D0C engi cors I scientists innovators Mr . Tom Frame Geosyntec ' 7 November 2009 consultants Page 3 received and reviewed three subcontractor bids , with base bid costs of $ 12 , 350 ( $ 8 , 850 Southern Foam Insulation, Inc . plus $ 3 , 500 PR& D PSSC bid) , $ 13 , 400 ( $ 9 , 900 Perna- Fill Corporation plus $ 3 , 500 PR& D PSSC bid ) and $ 17 , 800 ( total estimate from Environmental Resources Management, Inc . [ does not include vacuum truck time or liquids disposal , or any contingency costs ] ) . Based upon the estimates submitted , Geosyntec will subcontract the lowest bidder, Southern Foam Insulation , Inc . in coordination with PR& D , to perfonn the UST closure services and will perform oversight of the subcontractor during field activities . In addition to the base costs above , Geosyntec has budgeted $ 1 , 450 for costs associated with vacuum truck extraction of residual fluids within the USTs , rinse fluids/contact water from the cleaning of the USTs and disposal of up to 1 , 000 gallons of petroleum contact water from the vacuum truck . Due to the uncertainties associated with the UST closure projects , a 20 percent contingency has been added to Task element B . The contingency is in place to cover items such as costs for an increase in vacuum truck on site time , increases in petroleum - contact water disposal volumes , increases in project duration due to issues with the removal of the existing UST system pumps and dispenser system , etc . Geosyntec will notify IRC and secure approval of any field conditions that may require access to contingency fees . Geosyntec ' s proposal assumes two days of oversight for field activities associated with the UST closure activities . A breakdown of estimated project costs is included as Attachment B . Phase C — UST Closure Report Geosyntec will prepare a brief Tank Closure Report in accordance with Chapter 62 - 761 , FAC and FDEP Storage Tank System Closure Requirements . Since no soil and/or groundwater sampling will be performed , the report will only provide a brief overview of the work completed and include a copy of the PSSC signed closure form . A breakdown of estimated project costs is included as Attachment B . ASSUMPTIONS The following assumptions were made in developing this fee proposal : • Geosyntec will not be responsible for the repair of paved surfaces damaged during UST closure activities . X R09293 CC R09293 . DOC E', nginclers I Scientists inlv ) vatt ) rs Mr . Tom Frame Geosyntec 7 November 2009 consultants Page 4 • No costs are provided for the removal of the overhead canopy or other structures on site . • The USTs will be drained of fuel by IRC (to the greatest extent feasible) prior to UST closure field activities . • The fuel dispensers , fuel pumps , and miscellaneous debris will be transported to the IRC Class I landfill for disposal . • No concrete work will be required to fill fuel dispenser sumps . • All site work can be performed in Level D personal protective equipment . SCHEDULE Geosyntec anticipates that upon approval from IRC , UST closure field activities will be initiated within four weeks . It is anticipated that the UST closure activities will require approximately two days . The final Tank Closure Report will be provided to IRC within two weeks of completion of field activities . ESTIMATED BUDGET The fee proposal is provided as Attachment B . The total estimated budget to complete to work described in the fee proposal is $ 20 , 753 (which includes the 20 % contingency on Phase B costs ) . CLOSURE Geosyntec appreciates the opportunity to submit to LRC the attached fee proposal ( Attachment B ) for services at the site . If this proposal is acceptable to you , please indicate your agreement by signing the Work Authorization , which references this proposal . Please return one signed Work Authorization to Mr . Langenbach ' s attention . Please do not hesitate to contact me with any questions you may have as you review this fee proposal . Sincerely;" ' { Jit ` angnbach , P . E . Ass fate ngineer X R09293 :CC R09293 . DOC (' ngllickelds Scientists irlll ( watOrs SUBCONTRACTOR QUOTES 11103 , ' 2E� Uy 12 : 1 4d ? 2935112 SOUTHERN] Mi ', i INISUL P �3E j1 / © � S.out�a +���n FoamInst t���on, Inc . November 3 , 2009 Geo Syntec Consultants 6770 S . Washington Ave . , Ste 93 Titusville , FL 32780 Phone : 321, -269- 5880 Fax : 321 - 2695813 Attn : Kelsey McGinnis RE : UST — IA2K , 2 - 10K , 1 - 1K — Vero Beach , FL SOUTHERN FOAM INSULATION , INC . proposes to furnish and install TANK FOAM TM at tl, e below referenced jobsite for the following Iunlp sum : 33 , 000 Gallons- - --, ,-_--- - ---..M ..- ---- - ---- ------� �--- - --- -w-- --- --- -�----5 8 , , 80 . 00 Please Enter: Facility Name : Facility ID # County pO4 Physical Address This price is lump sunt for all labor and niateriats . This price is good for sixty .- ( 60 ) days from date of quote , Acceptance authorizes Southern Foam. Insulation, Inc . to purchase materials to prepare for work. * * PLEASE SIGN AND RETURN A COPY OF BOTH PAGES OF THIS PROPOSAL ' This signed proposal is subject to and shall include the proposal acceptance agreement. (Pg 1 of 2 ) It you have any rluestions please feel free to ca1. 1 , Respectfully submitted by : Proposal Accepted by : Signature ichaeCjtf. (Brown Micliael H . Brown , President Title SOUTHERN FOAM INSULATION , INC . nxikeb@southcrnfoaminsulation . com. Date Page I of 2 2593 Clark St . , Suite 0108 , Apopka, FL 32703 • Phone : 407-293 - 8773 + Fax : 407 -293 = 5112 + Toll Frec : 1 - 888 -684 -3626 11 / �3 : 4E� 9935112 SOUTHERN FOAM INSULA P " GE 4=i2 / �j2) Soluthern Foam Insu lia"InInc � r PROPOSAL, ,ACCEPTANCE AGREEMENT TO FOAM FILL, UNDERGROUND STORAGE TANKS TO BE ABANDONED IN PLACE , A . Scope of work : I . Foam has been approved by a number of states as an "inert solid materia.t " suitable for UST closure in place . 2 . The installation is accomplished by using existing ,till points , or nianho ) es to ,fill the tank . 3 . Foarn is pumped into the tankat approximately 120 p . s . i , # the foamed material sets within 10 to 30 seconds . 4 . Control of the foam density is by bag weight test and a liquid ratio test ; these tests are preformed by our certified trained technicians . B . Jobsite requirements : 1 . Foam is installed after all residual petrolcuuzz products have been removed and the underground storage tank has been inspected and approved for foamed it, place closure . 2 . It is the ultimate responsibility of persons or the company that we are performing the tank closure for to assure that all state and federal requirements for tank closure have been compiled with before we commence work . 3 . SOUT,FIERIN FOAM INSULATION , Inc . reserves the right to refuse to complete closure if all state and federal requirements have not been completed or if job site conditions dictate . 4 . After the installation of foam , our certified installers will clean up any e %cess materials that remain , pertaining to our work . C . Contract terms and conditions : I . The terms and conditions of this agreennent will become a part of the filial a cement , 2 . Variations of this agreement must be stated in writing , and be agreeable to both panties . 3 . Acceptance of this proposal is required before work commences . Signal copy to be faxed back to SOUTHERN FOAM INSULATION , Inc , prior to work being scheduled . 4 . We need 10 days lead -time to properly schedule work ; if this is not possible then we will make every effoat to comply . 5 . Southern Foam Insulation., Inc . will supply all submittals required, provide complete workers comp and liability with excess liability coverage . 6. Payment for completed work is to be made in full withial 10 days from the date of tb. e invoice. A 1 . 5 % monthly interest rate is charged on overdue accounts , per Florida Law, a lien release will be given after full payment is made . Should it become necessary to place this amount in the bands of an attorney for collection , the buyer agrees topay Any and all costs of collection , including reasonable attorney fees whether or not a suit has been filed based on unpaid balance . Purchaser : Signed by T Date _ Pige 2 of 2 2593 Clirk St. , Suite 41108 , Apopka, PL 32703 • Phone : 407293 - 8773 • Fax : 407 -293 .. 51 12 • Toll Free ; 1488- 684 , 3626 11 / F3r' 2f3a9 15 : ? 7 tIe72 � 0 '9174 T � TLORED FU ~ t+1 1-' F FL F' HGE t� 2 / F2 TH 'rZ 3900 St , Johns Pkwy1"A Phone : ( 800 ) 755 - : Sanford , FL 32771 4Fax : ( 407 ) 830 - f UL F &L P A Division of Tailored Foam of Florida , Inc November 3 , 2009 Geosyntec Consultants PROPOSAL 6770 S . Washington Ave Ste 3 Titusville , FL 32780 Attn : Kelsey McGinnis Re : Vero Beach Mobil Oil Tanks Dear: Kelsey McGinnis We hereby propose to furnish and install PERMA• FILL FOAM tank fill at the project referenced above as per the following qualifications : A. JOB SITE REQUIREMENTS : ( 1 ) The Tanks must have been emptlad, degassed , and cleaned , In accordance with all applicable Federal , State, and Local regulations . ( 2) The tanks muet be dry . Normal condensation Is permitted . ( 3 ) Truck acrAss Is required to within 100 feet of the tank. (4 ) tAanway access is preferred . (5 ) Fill and vent lines will be clear for pressure relief. S , SCOPE OF WORK : ( 1 ) PLRMA-FILL can be installed through the manway access , the fill lines , or the vent Imes . (2 ) After installation all openings will be sealed with concrete , The manway cover will be re attached . C . CONTRACTS AND COMMENCEMENT OF WORK: ( 1 ) The terms end conditions of this proposal will her_ome a part of this or any other agreement, (2) Any variations to this proposal must be expressed in writing , and agreed upon by both parties . ( 3 ) The quoted price is valid for thirty (30 ) days from the date of this proposal . (4) Written acceptance of thls proposal must be received by THE PERMA-FILL CORPORATION prior to corl'mme ^ Gement of work. (5) PERMA-FILL requires a minimum of seven ( 7 ) days lead time for scheduling purposes , (6) The customer will provide a site plan showing the size and location of the tanks , along with directions to the site . and an an site contact came and phone number. (7) All necessary permits are to be secured and paid for oy others . ( s) Once a schedule has been determined and agreed upon . THE PERMA•FILL CORPORATION will perform in an efficient workmen like manner, The PERMA- FILL CORPORATION wh riot be held responsible for delays caused by acts of god or others . D . PAYMENT : ( 1 ) THE PERMA-FILL CORPORATION (a division of Tailored Foam ) is a national distributor/instater for PERMA-FILL FOAM . Our payment terms are Net 30 DAYS from date of invoice . If payment has not been received within the specified time frame , THE PERMA- FILL CORPORATION will exercise it rights under applicable State Law- THE PERMA•FILL CORPORATION proposes to furnish and install PERMA,FILL FOAM as outlined In thin, proposal , on the above referenced project for the following lump sum amount: Vero Beach Mobil Oil Tanks: Nine Thousand Nine Hundred Dollars ($9 , 900. 00) Based on 1 — 12 , 000 , 2 — 10 , 000 & 1 — 1 , 000 gailonsi (33 , 000) The quoted prig is only for the quantities and conditions as outlined in this proposal . If quantities or conditions change , our pri,ing is subject to change. If you are in agreement with this proposal , please sign and return one copy. This Proposal Is Subject To Credit Approval By The Parma-Fill Corporation Sincararly , Accepted' Greg ZYlstra Kelsey McGinnis VICE-PRESIDENT Geosyntec Consultants THE PERMA-FILL CORPORATION PETROLEUM RESOURCES & DEVELOPMENT , INC . Sales Office : 2460 N . Courtenay Pkwy , Suite 112 Merritt Island , Florida 32953 TEL : ( 321 ) 986-6026 FAX : ( 321 ) 986-6036 November 3 , 2009 Geosyntec PR& D Quote # 154013 - 09 Jim Langenbach 6770 S Washington Ave # 3 Titusville, FL 32780 RE : Mark ' s Mobil Vero Beach , Fl PR & D proposes the following cost and based on the specifications supplied : Mob & labor to prep the tank for fuel removal & foarning a 3 , 500 . 00 Vac truck per hour (u 125 . 00 . Water/fuel in tank @ 0 . 45 per gallon . Submit the FDEP removal form to the State & County , No Charge . PO# BY DATE Geosyntec BY . /i :')o -a > DATE 1 1 - 3 - 09 Petroleum Resources & Development, Inc . www. prdincorporated . com ENVIRON N'IEN ' IAL RISK MANAGEMENT FNC , Licensed Engineering and Geology Firm Assessment & Remediation Consultants Li September 23 , 201) 9 Mr . Tom frame General Services Director Indian River County t 800 27 ' " Street Vero Beach , Florida 33960 RE : Foarn - Fill Tank Closure & LTCAR Proposal IN-larks Mobil 4310 20 ` ►' Street , Vero Beach , Florida 32966- 2202 FDEP Facility ID #31 /85120214 ER 11 File Nu . E2328A Dear iftr . Frame : Lnvironmcntal Risk Iblanagement , Inc . ( ERMI ) is pleased to present this proposal for underground storakle tank ( UST ) closure services at the above reverenced propert}r . As required , a limited tank closure assessment report ( LTCAR ) will be completed for Submittal to the FDEP . PROPOSED SCOPE OF WORK ERMI s� lll notify site and government officials prior to initiating the on - site activities . This proposal will provide the Services necessary to permanently close the following underground storage tank, ( LISTS ) using tl7eState of Florida approved foam - fill method : • (.) ne , 12 ,000 - gallon unleaded gasoline LAST installed in 1988 • One , 10 , 000 - gallon unleaded gasoline UIS_ l . installed in 1988 • One , 10 , 000 - gallon diesel fuel UST installed in 1985 • One , 1 , 000 - gallon waste oil US `f installed in 1988 Please note that the tank work IS required to be conducted by a State of I' lorida Licensed TanL Contractor and can not be performed by a concrete or construction contractor . Petrog.ln holdings , Inc . ( License # 11C' C056682 ) will be responsible for all physical and construction related activities associated with the tank closure . These services include permitting , pumping; the remaining fluids from the tank using a vacuum truck , flushing and capping the fuel lines , removal of the fuel dispensers , preparing the fuel storage system l6r foam closure , filling of tanks and lines with foam , disposal of wastes , and completing FDEP forms . ERN11 will prepare a LTC ;\ R in accordance with the Closure Assessment guidelines , to document the tank removal procedures and to provide compliance with State of Florida environmental tank closure protocols . The LTCAR will be certified by a Licensed State of Florida Professional Geologist . Headquarters . 12401 Brantley Commons Court Suite 101 . Fort Myers , Florida 33907 1 -888 -ENV -MGMT ( 1 -888 -368 -6468 ) � Fax 1 -888 -368 -6329 4 www. ermi . net Indian Rimer Country - Marks Mobil Site, Veru Reach , EI. Septemhe�r 23, 2009 Foam - Dill Tank Closure & LTCAR Proposal Pakie 2 of 4 Sell The FDEP allows tank closure to be performed without satrlpling at sites that are eligible (or the cleanup progrume based on Florida Statute 376 . 30716 . The FDEP FIRST Cover Page Report researched by ERMI in the preparation of this proposal states that the site is eligible for the cleanup program . Due to the nature of the closure and the referenced statute , ERMI will not be samplingo soil or groundwater as part of this project . As stated above , toam - fill closure is a DEP approved method of tank closure and we are not aware of any local ordinance prohibiting foam till closures at the subject property . If the local government permitting authority does not approve the required permit for this project , which is not anticipated , then ERMI will return the deposit , and the foam fill contract will be null and void , QUALITY ASSURANCE AND QUALITY CONTROL The environmental sampling and reporting scope of services must be desiuned and conducted under the supervision of a licensed State of Florida Professional Geologist or Fnuincer . ERMI is a Licensed Engineering Firm 000008700 ) , Licensed Geology I3r.tsiness ( 4GI3000367 ) , and FDEP Petroleum Cleanup Contractor ( # 00542 ) , 1 RMI adheres to duality assurance guidelines outlined in Florida Administrative Code ( FAC ) Rule 62 - 160 and Florida Department of Fnvironmental Protection Standard Operating Procedures . SPECIFIC EXCLUSIONS TO THIS CONTRACT The following items are not included within this cost proposal . If these services are deemed necessary , additional costs will apply : A . Remo � al and disposal of any contaminated soil or groundwater , if encountered . 13 . Asphalt and/ or concrete re - surfacing , with the exception of the 4 - inch diameter boreholes installed Sun401111 ( iing the UST Carm . C . Electrical generator, if on - site electrical power is not provided . D . Mobile water tank, ifon - site water is not provided by the owner . E . Damage to utilities or any underground materials . UTILITIES & SITE SAFETY Phis project includes intrusive investigation services . On any such project , the possibility exists for damage to an underground utility line or other subterranean Structure durinky the couUSe of the investigan tio . LRMI recluestS the use of a reliable site Survey when determining sample locations . ERN,11 rectuests that the property owner provide notice of anti Subterranean materials in the area of proposed intrusive activity . ERMI requests the use of any site plans that may be available to assist with locating; subterranean materials prior to intrusive testing . ERtiII will rely on these documents and will plot our Sample locations based on the open spaceS identified in the surveys . If this information is not provided prior to or concurrent Environmental Risk Management, Inc. ERMI Fite No. E232SA Indian River County — Marks .Mobil Site, Vero Beach, FL September 23, 2009 Foam- Fill Tank Closure & 1_ TC4R Proposal Page 3 of d with authorization for professional services , ERMI will not be responsible for dama ( yes associated with the intrusive services . The property owner or authorized agent Cor the owner w III make all decisions impacting the subject property . ERMI site responsibilities will be limited solely to the environmental activities of ERMI and ERN/Il employees on site . These responsibilities shall not be inferred by an _v party to mean that ERNII has the responsibility for the safety ofany person not employed by ERMI . FEE PROPOSAL : $ 17, 800. 00 F; RIMI proposes to complete the scope of' work , as described above , for a lump Slim fee of' 11 , 800 . 00 ( not including liquid / sludge disposal Cees , if applicable ] according to the attached Terms and Conditions document dated March l , 2009 , which is made a part of this agreement as if Tully contained herein . Liquid product and petroleum contact water disposal will be invoiced to you at an additional cost of S0 . -431crallott and Sludge disposal , i f necessary , at an additional cost of 50 . 99/gallon . Whenever initial assessment activities are performed , field data andior FDEP requirements may indicate the need Cor additional assessment or remedial activities . FDEP review comments may need to be addressed . Such activities would represent additional services . ( land augering will be used to access soil around the tank Cor sampling ptu-poscs . While not expected , if geologic refusal is encountered , truck - mounted drilling equipment may be necessary to obtain the samples necessary for environmental compliance . ERMI trusts that this proposal is responsive to your creeds . If acceptable , please so I ndicate by signing and returIling one copy of, this proposal , receipt of which will constitute our notice to proceed , Sincerely , ENVIRONMENTAL RISK MANAGEMENT , INC . Steve Ililfikcr, NIS , L, EP President Environmental RiskManagement, Inca. ERMI Nile .N'o. f,2323A Indian River County — rblarks alohil Site, Vero Beach , FL September 23, 2009 Foanj - Fill Tank Closure & LTGiR Proposal Page 4 of 4 PROPOSAL ACCEPTANCE [ FII? Rl ' BY CERTIFY that I ant the Owner of; Agent for the Owner of, have a valid " Contract to Purchase " with the Owner of, have a valid Lease with the Owner of, the property which is the Subject of this Proposal . I hereby certify ( if not the Owner ) that I have notified the Owner and have authority from the Owner to engage this agreement . I hereby authorize the performance of the services as set firth in this Proposal , and agree to pay the lump stmt fee described on the prior page ( not including; liquid/sludge disposal fees , ifapplicable , as described above ) as follows : • _ ("please initial) A retainage fee of $ 6 , 000 is required at the time of Providing us with formal authorization for us to proceed with this proposed work . • _ (plcasc initial) An interim payment of 510 , 000 will be required upon completion of the field activities and prior to demobilization thorn the site . • (please initial) The final payment balance of $ I , 800 ( plus any liquid sludge disposal fees , if applicable ) will be required upon completion of the final report . • (please iniliul) Compliance with FAC Chapter 62 - 761 is not achieved until approval of the report . I also acknowledge that I have read , understand and agree to the. terms and conditions set forth in this Proposal , or attached thereto . I warrant and represent that I ant authorized to enter into this agreement and agree to be personally responsible for the payment of the proposed lees . This proposal will become null and void il' not accepted in 30 days . This Proposal is accepted this day of — 2009 . [3y : luthorked Representative Client : Printed Dame , Title , Company Name Enclosures : Terms and Conditions L [tlltations of Intrusive Investigation Environmental Risk Management, Inc. ERM File No. E23M t i ENVIRONMENTAL RISK MANAGEMENT, INC . Licensed Engineering and Geology Firm v Assessment & Remediation Consultants ' rFRNIS AND CONDITIONS March 1 , 2009 By authorizing this contract , the client agrees to the following : Payment : final payment is due upon completion of the final project report and will be required prior to release otthe report unless other written arrangements are made. If payment tcrnn , are extended beyond the project due date , flee client agrees to carefully read the invoice : and promptly notify its , in writing , of any claimed errors or discrepancies within Id days after the date of' the invoice , if we do not receive such notice, it is presumed that you agree with the accuracy and fairness of the invoice . invoices , hall he considered past due it' not paid within 30 days after the invoice date . Late payment charges of 1 . 5 ''ro per month of flee balance due on the account shall be applied on all past due invoice . If any portion of an account i , unpaid 90 day , after the itrvoicc date , the client shall pay the cost ofcollcetion , including reasonable attorney ' s fees . Hidden Conditions : :A structural condition is hidden it concealed by existing finishes or . s not ascertainable by reasonable visual � observation , For example, all unregistered underground storage tank with no visual evidence to indicate it, existence is a hidden condition . Similarly , soil or groundwater contamination existing in sur untested location , with no reasonable visual , regulatory , or historical evidence to indicate its exi ,tcnce is a hidden condition . Provided ERMI conforms to the Standard of Care ns outlined below and the Scope of' Work defined in the Contract grecnncnt , ERMwith I : ill not be responsible for any liability associated hidden collditiom . Standard of Care : ERMI represents that the service :. pertbrmed in this project will conform to the standard of ' care , skill , and diligence excrci >ed by other similar professionals performing the same or similar service , in the arca . ERMI will render qualiticd opinions pertainitre, to the objectives ol ' this project , b .rsed on data obtained in the investigation . 11n assessment of this nature doe ; not include any guaranty reg:u4ding the conclusions 01' 01C final report because even the most diligent investigation has limitation ~ Reliance anal Llsc of_Rej orts : The party ( ies ) to vvhom the report is certified is entitled to rely on the intiirmation presented in the final report . No other parties are entitled to rely on the report unless additional written arrangement , are nnadc . If ;t successor or assignee of the client , or another third party, requests tyre ability to rely on the report , the party must agree to the Cerins and conditions of this contract agreement . Reliance is uOntingent upon unconditional acceptance of the terms and conditions and on the limitations expressed in the final report . Additional charges may apply for reliance letters . FR % 11 will provide one original and one copy of' the lmn it report to the client unless otherwise specified in the Scope of Work Lection of the agreement . ,\ ddjtional charges may ; tpply if the client desires additional copies of the final report. 5i ; e Sal 'etvLRN111 ' s .site responsibilities are limited solely to the activities of FRMI . These responsibilities shall not be interred to j mean that FRiA41 has responsibility for the satety o1 � any person not employed by FRrML Termination of Services: The result of any financing or real estate transaction will not effect payments due . If the Client desires to terntinate this agreement for any reason , and FRMI has rendered professional services toward completion of the project , a ice of � 90o , 00 , or fee ; on a tittle and materials basis, will be charged , whichcver is greater. Fhe termination notice must be submitted in wri ( ing to the project manager. Indemnifications : ERMI agree. to indernnifv the client Irons liability caused by ERMI negligence arisin r from the services provided by ERMI in this project . Client agrees to indemnit'v ERMI from liability caused by the client , the property owner , or the facility operator at the subject property , and to indemnify ERMI from liability or losses associated with real estate transactions or financing . Mediation : In an effort to resolve any conflicts that m :w arise (roan this project , client and ERMI agree that all disputes shall be suhrnittcd to non-bindimi mediation , unless the parties mutually agree othcnvisc . I Anulic :hie Law : This agreement shall he governed by the laws of Florida , and venue of any proceedings shall lie exclusive Iv in ( ee County Florida . A *Ltornev�s lFee_ :r : In connection with any litigation that may arise from this project, the prevailing party shall be entitled to recover i reasonable attorney ' ; tees from the other party . i Headquarters P12401 Brantley Commons Court Suite 101 Fort Myers , Florida 33907 1 - 888 - ENV-MGMT ( 1 -888 -368 -6468 ) o Fax 1 -888 - 368 -6329 . www . ermi . net - r ENN% IRON . IENTALRISK NIANAGE IFE T, INC . Fy Licensed EngI IF ineering and Geology Firm Assessment & Rernediation Consiltants LINIFFA "I' IONS OF INTRUSIVE INVESTIGA "TION I The proposal for an environmental assessment report will be limited to the investigation of potential i petroleum 111117act to the subject property . ,-Additional environmental services including but not limited to : asbestos containing materials radon , hazardous waste , lead - based paint , lead in drinking water , hazardous substances as defined in C ERCLA , wetlands , cultural and historical resources , industrial hygiene , health and sai'ety , ecological resources , endangered species , indoor air quality , and high voltage power lines are not included in this report . Other conditions may exist at the site . The investigation is limited to the scope of work defined in [ lie contract agreement for this project . The recommendations , judgments , and conclusions disclosed in the final report will be hased on the data i collected , the work performed , and the best of ' ottr knowledge . ERNII represents that all services performed in this investigation will be guided by prolessional standards current as of * the date of this report . information provided to ERN11 fur this assessment is considered to be reliable but not guaranteed . Samples will he taken from areas where a likely , or high probability of risk for contamination exists . These locations are generally under or adjacent to the specific object ol ' concern . Items of concern may not have always existed at one location . Itcros of concern may have been moved from time to time . Contamination may exist in untested locations . Further invetiti ation could be done to gain additional security regarding the potential for emTironmental risk . i ERMI warrants that its services are performed , within the limits prescribed by its clients , with the usual thoroughness and competence of its professional services ; in accordance with the standard for consulting services at the time those services are rendered . No other warranty or representation , whether expressed or implied , is included or intended in its proposals , contracts , or reports . I ERMI liability shall be limited to injury or property damage caused by the negligence of ERMI . ERMI has Werther created nor contributed to the creation or existence. of ,Wry hazardous , radioactive, toxic , irritant , pollutant , or otherwise dangerous substances or conditions at the site , and its compensation hereunder is in no sway commensurate with the potential risk of injury or loss that may be caused by such substances or conditions . i i No environmental site assessment can wholly eliminate uncertainty regarding the potential for recognized environmental conditions in connection with a property . Performance of this work is intended to reduce , but not eliminate , uncertainty regarding the potential for recognized environmental conditions in connection with a property . Possession of' the final report , or a copy thereof ; does not carry with it the right of publication . It may not be used for any purpose by ariy person other than the party to whom it is addressed without written consent of FRMI . It is intended to be used in its entirety . Neither all nor any part of' the content of this report , or copy thereot. shall be conveyed to the public through advertising , public relations , news , sales , or any other media i W11, 1101-it written consent and approval of ERN11 . Acceptance of and/ or use of ' the assessment constitute provisions and limitations staled in the final report . acceptance of all Headquarters . 12401 Brantley Commons Court Suite 101 . Fort Myers , Florida 33907 i 1 -888 - ENV - MGMT ( 1 -888 =368 - 6468 ) . Fax 1 =888 - 368 -6329 www , ermi . net CICO SV ntcc Consultant , ATTACHMENT B Table 1 Summary of Estimated Costs Indian River County Marks Mobil UST Closure and Reporting Labor Direct External Task Task Description Hours Labor Expenses Expenses Total Cost A Preliminary Activities 6 $ 622 $ 10 $ 631 13 UST Closure Field Activities 17 $ 1 A08 $ 217 $ 14 . 477 $ 16 . 1 13 C UST Closure Report 7 $ 741 $ 46 $ 787 Subtotal 30 52 , 771 $283 5144477 5171530 Contingcncv on ' task 13 ' 0 ° $45 . 40 $ '_ , 895 . 42 TOTAL ES "hIMATE D CO ST INCLUDING CONTlNGF. NC' Y $201753 Notes : 1 . Labor cost includes 3110 communications fec applied to labor subtotal . 2 . Contingency costs are intended to cover potential disposal of petroleum contact water in excess of 1 . 000 tyallons and/ or over 8 firs of vac tru( No contingency v< ork �N ill be completed without prior IRC approval .