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1400 Prof Services Industries, Inc.-Hopper#0 EXHIBIT A WORK ORDER FORM Work Order Number CDBG 10HOPP -01 CITY OF SANFORD FLORIDA Master AgreemenVContract Number: Dated: 06/02/2011 Contract/ProjectTitle phase 1 Environmental Site Assessment - Hopper Academ Solicitation No: ISanford Project No. jPurchase Order No. Consultant/Contractor: Professional Services Industries Inc. Cons ultant/Contractor's Business Address, Phone Number Fax Number and E -mail Address 1743 33 Street, Orlando Florida 3283 Ph: 407 -304 -5560 FAX: 407 - 304 -5561 E -mail: www.psiusa.com ATTACHMENTS TO THIS WORK ORDER METHOD OF COMPENSATION DRAWINGS /PLANS /SPECIFICATIONS x FIXED FEE BASIS X SCOPE OF SERVICES TIME BASIS -NOT TO EXCEED AMOUNT SPECIAL CONDITIONS TIME BASIS - LIMITATION OF FUNDS X PRICING IINFORMATION UNIT PRICE BASIS -NOT TO EXCEED AMOUNT WO TERMS AND CONDITIONS TIME FOR COMPLETION: Days of the effective date to this Work Order Effective date- this Work Order: Date of Execution by City Time for completion: The services to be provided by the Consultant/Contractor shall commence upon execution of this Work Order by the parties and shall be completed within the time frame indicated above. Failure to meet the stated completion requirement may be grounds for termination for default. Work Order Amount: Dollars Expressed in Numbers: $ $ 6, 6 0 0 . 0 0 Dollar Amount Written Out: Six Thousand six hundred and - - - - - - - - - - 00/100 Dollars In Witness Whereof, the parties hereto have made and executed this Work Order on the respective dates under each signature: The City as delegated through its City Manager and the Consultant/Contractor by and through its duly authorized corporate officer having the full and complete authority to execute same. CONSULTANT /CONTRACTOR ATTES EXECUTION: z 91 Corporate Officer Signature, Corporate President Cor orate fficer Printed Name, Title and Date Corporate President, Printed Name and Date CITY OF SANFORD nature, urchasing Manager F. William Smith Purchasing Manager, Printed Name and Date LazyX Signature, CiIVClerk V City Mana �OMGe Interim City Manager City Clerk, Printed Name and Date City Manager, Printed Name and Date Revised: 1 -6 -2011 Work Order (page 2) WORK ORDER TERMS AND CONDITIONS Execution of this Work Order by the CITY and the issuance of a notice to proceed, shall serve as authori- zation for the CONSULTANT /CONTRACTOR to provide goods and/or services for the above project as set out in the Scope of Services which is attached as Exhibit "A," as well as all other exhibits attached to that certain Agreement cited on the face of this Work Order all of which are incorporated herein by reference as if they had been set out in its entirety and as further delineated in the specifications, conditions and requirements stated in the listed documents which are attached hereto and made a part hereof. The CONSULTANT /CONTRACTOR shall provide said goods and /or services pursuant to this Work Order, its attachments and the above- referenced Agreement and its exhibits. If this Work Order conflicts with said Agreement or exhibits, the Agreement and exhibits shall prevail provided however, that the CONSULTANT /CONTRACTOR shall not proceed with work until directed to do so by the CITY TERM: This Work Order shall take effect on the date of its execution by the CITY and expires upon final delivery, inspection, acceptance and payment unless terminated earlier in accordance with the Termination provisions herein; provided however, that the CONSULTANT /CONTRACTOR shall not proceed with work until directed to do s b y the CITY METHOD OF COMPENSATION: (I) FIXED FEE BASIS. If the compensation is based on a "Fixed Fee Basis," then the CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for the Fixed Fee Amount indicated as the Work Order Amount. The fixed feel is an all- inclusive Firm Fixed Price binding the CONSULTANT /CONTRACTOR to complete the work for the Fixed Fee Amount regardless of the costs of performance. In no event shall the CONSULTANT /CONTRACTOR be paid more than the Fixed Fee Amount. (ii) TIME BASIS WITH A NOT TO EXCEED AMOUNT. If the compensation is based on a "Time Basis Method" with a Not -to- Exceed Amount, then the CONSULTANTICONTRACTOR shall perform all work required by this Work Order for a sum not exceeding the amount indicated as the Work Order Amount. In no event is the CONSULTANT /CONTRACTOR authorized to incur expenses exceeding the Not -To- Exceed Amount without the express written consent of the CITY. Such consent will normally be in the form of an amendment to this Work Order. The CONSULTANT /CONTRACTOR'S compensation shall be based on the actual work required by this Work Order and the Labor Hour Rates established in the Master Agreement. (iii) TIME BASIS WITH A LIMITATION OF FUNDS AMOUNT. If the compensation is based on a "Time Basis Method" with a Limitation of Funds Amount, then the amount identified as the Work Order Amount becomes the Limitation of Funds amount which shall not be exceeded without prior written approval of the CITY. Such approval, if given by the CITY, will indicate a new Limitation of Funds amount. The CONSULTANT /CONTRACTOR shall advise the CITY whenever the CONSULTANT /CONTRACTOR has incurred expenses on this Work Order that equals or exceeds eighty percent (80 %) of the Limitation of Funds amount. The CON SU LTANTICONTRACTOR'S compensation shall be based on the actual work required by this Work Order and the Labor Hour Rates established in the Master Agreement. (iv) UNIT PRICE BASIS WITH A NOT TO EXCEED AMOUNT. If the compensation is based on a "Unit Price Basis," then the CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for the amount resulting from computing the quantity(ies) of defined units and agreed upon unit pricing to establish amount of CONTRACTOR'S compensation. All adjustments to quantities shall be approved by the Project Manager. Prior written approval by the City is required to adjust the not to exceed amount. The CITY shall make payment to the CONSULTANT /CONTRACTOR in strict accordance with the payment terms of the above- referenced Agreement. it is expressly understood by the CONSULTANT /CONTRACTOR that this Work Order, until executed by the CITY, does not authorize the performance of any services by the CONSULTANT /CONTRACTOR and that the CITY, prior to its execution of the Work Order, reserves the right to authorize a party other than the CONSULTANT /CONTRACTOR to perform the services called for under this Work Order if it is determined that to do so is in the best interest of the CITY. The CONSULTANT /CONTRACTOR shall execute this Work Order first and the CITY second. This Work Order becomes effective and binding upon execution by the CITY and not until then. A copy of this executed Work Order along with a Purchase Order will be forwarded to the CONSULTANT /CONTRACTOR at the completion of that action. It is noted that the Purchase Order Number must be indicated on all invoices germane to the Work Order. r � � B Information �® .TbBuild On Engrneer/ng • Consulting • Testing April 12, 2011 via electronic mail: Andrew. thomas(o)sanfordfl.gov CITY OF SANFORD 300 N. Park Avenue Room 236 Sanford, Florida 32771 Attn: Mr. Andrew Thomas Re: Proposal for Phase I Environmental Site Assessment Services and Other Environmental Services Hopper Academy 1101 Pine Avenue Sanford, Seminole County, Florida 34771 PSI Proposal No. PO -0663 -42891 Dear Mr. Thomas: Professional Service Industries, Inc. (PSI) is pleased to submit this proposal to conduct a Phase I Environmental Site Assessment (ESA) and optional other environmental services for the above - referenced property. Presented below is a review of provided project information along with the proposed scope of services, user responsibilities, schedule, and fee information. PROJECT UNDERSTANDING PSI understands that the property consists of the historical Hopper Academy facility located at 1101 Pine Avenue, Sanford, Seminole County, Florida. The property is developed with a two - story structure that totals approximately 8,734 square feet constructed in 1917. PSI also understands that the property is currently owned by Community Improvement Association of Seminole County, Inc. and the City of Sanford is planning to acquire the property. Based on the information provided, PSI understands that your purpose for having the Phase I ESA performed is to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on Comprehensive Environmental Response Compensation Liability Act (CERCLA) liability (hereinafter landowner liability protections or LLPs). PSI understands that you also want to evaluate certain business environmental risks that are beyond the scope of ASTM E 1527 -05 and to satisfy the client's Phase 1 ESA Requirements. PHASE I ESA SCOPE OF SERVICES PSI will perform the Phase 1 ESA to search for evidence of recognized environmental conditions in connection with the subject property. PSI proposes to perform the Phase I ESA in general accordance with ASTM E 1527 -05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (ASTM E 1527 -05) and the client's Phase I ESA Requirements. Professional Service Industries, Inc. • 1748 33 Street • Orlando, FL 32839 •407/304 -5560 • Fax 4071304 -5561 City of Sanford Hopper Academy Sanford, Seminole County, Florida PSI Proposal No. PO- 663.42891 April 12, 2011 PSI will perform the assessment under the supervision of an environmental professional as defined in 40 Code of Federal Regulations (CFR) 312.10. The scope of services will include records review, reconnaissance, interviews, and preparation of a report. PSI will review environmental regulatory database information regarding environmental conditions on and surrounding the subject property, physical setting sources, and historical information sources regarding the past uses of the property. We will also ask for and review other helpful documents regarding environmental conditions on the subject property provided from you, the property owner, and key site manager (if any is identified). PSI requires that you arrange for PSI to access the subject property, including notifying tenants. Reconnaissance of the subject property will consist of observing the periphery of the property, the periphery of structures on the property, and interior portions of the property. PSI will observe accessible interior common areas, maintenance and repair areas, and a representative number of occupant spaces. Adjoining properties will be observed from the perimeter of the subject property and from public thoroughfares during the site reconnaissance. PSI will observe current and past uses and conditions, wherever apparent, indicating the likelihood of recognized environmental conditions. PSI will photograph selected features, uses, and conditions and include them in the report. PSI will make reasonable attempts to conduct interviews required in ASTM E 1527 -05. PSI will conduct the interviews by phone, in writing, or in person. Parties to be interviewed include you or your designated representative as the "user" of the Phase I ESA, the current property owner, key site manager (if any is identified), a representative number of nonresidential occupants (if any), and one or more representatives of state and /or local government agencies. Past owners, operators, occupants, and neighboring property owners or occupants may also be interviewed. The report will initially be provided in draft form for your review and comment, prior to being finalized. The report will include recommendations based upon the findings presented. Upon receipt of authorization, seven unbound final copies of the report will be provided along with a PDF copy of the report. The report will include a Summary section at the beginning that contains the identified onsite or offsite, historical or current recognized environmental conditions, any data gaps encountered, and the impact of those data gaps on the assessment. The remainder of the report will include the methodology and resources used and the data gathered. The report will be provided for reliance by the City of Sanford. This Phase I ESA is not designed as a comprehensive survey for mold or physical deficiencies conducive to mold. It is not intended to reduce the risk of the presence of mold and physical deficiencies conducive to mold nor is it to eliminate the risk that mold or physical deficiencies conducive to mold may pose to the buildings or building occupants. ASSESSMENT OF ISSUES BEYOND THE SCOPE OF ASTM E 1527 - ADDITIONAL ENVIRONMENTAL SERVICES Optional services may also be chosen in addition to the Phase I ESA Scope of Work to assess environmental issues or conditions beyond the scope of ASTM E 1527 -05 in conjunction with the Phase 1 ESA. tee' City of Sanford Hopper Academy Sanford, Seminole County, Florida PSI Proposal No. PO- 663.42891 April 12, 2011 The scope of additional assessment services for considerations beyond the ASTM Phase I ESA practice are described below. A separate report will be issued for these items. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) ASBESTOS RENOVATION SAMPLING SURVEY The purpose of the NESHAP asbestos renovation sampling survey is to determine the absence or presence of asbestos in materials that commonly contain asbestos that will be impacted by the planned renovation activities. Field Services • Visual survey by a U.S. Environmental Protection Agency (EPA) - accredited building inspector as required by EPA 40 Code of Federal Regulations (CFR) 763 to determine the presence of suspect asbestos - containing surfaces. • Review available previous asbestos sampling reports, documents, as -built drawings and blueprints if presented. • The survey will include observations of the interior and exterior areas of the buildings where asbestos - containing materials (ACM) could be present (i.e., building spaces, crawl spaceslattics, steam and hot water piping, furnaces, boiler rooms, asbestos insulated duct work, heat exchangers and any other structures, utility lines or equipment insulated with /or suspected of containing asbestos that may become airborne when disturbed through daily maintenance activities). • Bulk sampling will be performed in accordance with current local, state and federal regulations. Multiple samples of each homogeneous material will be collected. • All sampling activities will be performed in general accordance with safety requirements set forth in Occupational Safety and Health Administration (OSHA) Standard 29 CFR 1910.1001 and 29 CFR 1926.1101. • Sampling will be performed in such a way as not to endanger the health of personnel working in the area being sampled by ensuring that asbestos fibers will not be released during the sampling process. • Standard quality control program will include both internal and external quality assurance with sample reanalysis as needed. • Roofing materials will not be included in the scope of services for this project. • PSI will quantify suspect ACM during the initial survey and provide an order of magnitude cost for removal of identified ACM in the final report. Laboratory Analyses • Bulk sample analysis will be performed by Polarized Light Microscopy (PLM) with dispersion staining. These samples will be analyzed by first positive identification based on each submitted sample sets of homogeneous materials. If PLM results indicate levels between City of Sanford Hopper Academy Sanford, Seminole County, Florida PSI Proposal No. PO- 66342891 April 12, 2011 "trace" and 10% asbestos in friable material, the client has the option to analyze the sample further by point count analysis to better quantify the asbestos content or assume the material to be asbestos containing. Materials having results of point count <1% are considered to be non - asbestos. If the client chooses this analysis, additional charges of $40.00 per sample analyzed will be incurred • PSI performs standard quality control procedures including the use of internal and external laboratories to evaluate the accuracy of the asbestos analyses. • A N1ST /NVLAP Accredited Laboratory will perform the analysis for asbestos. LEAD -BASED PAINT (LBP) SURVEY The purpose of the LBP survey is to determine the presence or absence of LBP on exposed and /or accessible surfaces that commonly contain LBP. Please note, this will not meet HUD requirements for occupied facilities. To accomplish this task, PSI recommends the performance of the following services: Field Services • Review available previous LBP sampling reports, specifications, maintenance records, etc. • Surface by surface LBP detection to be performed on representative painted components utilizing the Radiation Monitoring Devices, Inc. (RMD) LPA -1 X -ray Florescence (XRF) device. The RMD lead paint analyzer measures the concentration of LBP on building component surfaces. Test results of 1.0 milligrams per square centimeter (mg/cm) or greater are considered positive for LBP as per the U.S. Housing and Urban Development (HUD). • XRF testing will be performed by an EPA certified inspector for LBP in general accordance with requirements set forth in OSHA Standard 29 CFR 1926.62. The general condition of tested surfaces will be noted. • Calibration checks will be performed at the beginning of each day, before and after breaks in testing, and at the end of each day. • Positive materials will be quantified either by square footage or number of components. • If LBP is identified on building components that will be disposed off -site, PSI can collect up to two samples of building materials for analysis by Toxic Characteristic Leaching Procedure (TCLP) to determine the leachability of lead for disposal purposes as per the Resource Conservation and Recovery Act (RCRA) requirements upon the client's approval for an additional charge. ASBESTOS /LBP REPORT Upon completion of the field and laboratory work, PSI will prepare one report to include asbestos and LBP information from the buildings surveyed. The report shall include a summary of the findings and observations and recommendations, as applicable. The asbestos portion of the report shall be reviewed by a Florida Licensed Asbestos Consultant (FLAC). The LBP portion of the report will be reviewed by a PSI Lead Principal Consultant. maim . City of Sanford Hopper Academy Sanford, Seminole County, Florida PSI Proposal No. PO- 663.42891 April 12, 2011 Environmental sampling may result in development of information which may place an obligation upon the site owner or operator to provide reporting to a regulatory agency or other third party. PSI will not provide reporting to regulatory agencies or other third parties unless the City of Sanford expressly requests such reporting to be performed. ERR SCOPE OF SERVICES PSI also understands that the City of Sanford will be acquiring this property as part of the Community Development Block Grant (CDBG) program. As such, an Environmental Review Record (ERR) has been requested to be conducted by PSI. The ERR will be conducted in general accordance with 24 CFR Part 58. As part of the ERR requirements, the following components will be reviewed in detail to comply with the specific requirements of each regulation. PSI will complete the Statutory Checklists and incorporate the findings into a final report. • Floodplain Management (24 CFR Part 55) • Historic Preservation (30 CFR Part 800) • Noise Abatement (24 CFR Part 51 Subpart B) • Hazardous Operations (24 CFR Part 51 Subpart C) • Airport Clear Zones and Accidental Potential Zones (24 CFR 51 D) • Toxic Chemicals and Radioactive Materials (24 CFR 58.5 (i) (2)) • Endangered Species (CFR 50.3(1)) • Sole Source Aquifers (CFR 50.3(1)) • Coastal Zone Management Act (Sections 307(c), (d)) e Wild Scenic Rivers Act (Sections 7(b), and (c)) • Clean Air Act (Section 176 (c), (d), and 40 CFR 6, 51, 93) • Wetland Protection (Executive Order 11990) • Farmland Protection (CFR 50.3(i)) • Flood Insurance (CFR 50.3(i)) and Floodplain Management (24 CFR 55, Executive Order 11988) • Environmental Justice (CFR 50.3(1)) Please note that PSI will also complete the Noise Assessment Guide (NAG) Worksheet as part of the ERR. The information obtained as part of the ERR will be provided in a stand -alone report. USER RESPONSIBILITIES ASTM E 1527 -05 §6, §10.8, §10.9, and Appendix X3 describe certain responsibilities of the client as the user of the Phase I ESA to collect and provide information to the environmental professional to help identify the possibility of recognized environmental conditions in connection with the property. This information is generally described below, with specific information identified on the attached User Questionnaire. • Environmental cleanup liens that are filed or recorded against the site. Environmental lien and activity and land use limitations (AUI-s) that are in place on the site or that have been filed or recorded in a registry. .ff . City of Sanford Hopper Academy Sanford, Seminole County, Florida PSI Proposal No. PO -663 -42891 April 12, 2011 • Specialized knowledge or experience that is material to recognized environmental conditions in connection with the property. • Relationship of the purchase price for the property to the fair market value of the property if it were not contaminated. • Commonly known or reasonably ascertainable information within the local community about the property that is material to recognized environmental conditions in connection with the property. • The degree of obviousness of the presence or likely presence of contamination at the property. • Pending, threatened, or past litigation, administrative proceedings, or notices from governmental agencies relevant to hazardous substances or petroleum products in, on, or from the property. ASTM E 1527 -05 makes it the user's responsibility to provide the above information (if available) to the environmental professional. Failure to do so could result in a determination that all appropriate inquiry is not complete. Furthermore, in the absence of a response to the above, PSI may not be able to render an unqualified opinion about the environmental condition of the property. Review of reasonably ascertainable recorded land title records and lien records to identify environmental liens and AULs is particularly important to completion of the Phase I ESA. PSI recommends that the client engage a title company or title professional to undertake review of reasonably ascertainable recorded land title records and lien records, and report any environmental liens or AULs so identified to PSI. If requested at the time of project authorization, PSI will subcontract the search for environmental liens and AULs on behalf of the client the cost for which has been detailed below. In order to obtain this information, a legal description of the property will be required. The attached User Questionnaire is intended to help you meet the user responsibilities under ASTM E 1527 -05. ASTM E 1527 -05 also requires that PSI review the information at or prior to the beginning of our site reconnaissance. Therefore, PSI requests that you complete the User Questionnaire and return it along with the executed proposal authorization to avoid project delays or additional costs caused by editing our report to incorporate the provided information. The completed User Questionnaire will become an integral part of the Phase I ESA report. We also ask that you complete the attached Contact Information sheet to provide primary and secondary contact information for your company, and if known, contact information for the current property owner or operator, key site manager, past property owner, operator, or other parties you know of who are likely to have material information regarding environmental conditions on the subject property. Upon receipt of contract authorization we will contact you to review the provided information and secure any additional background information including a legal description of the property. THIRD PARTY RELIANCE Third party reliance letters may be issued upon request and upon the payment of the then - current fee for such letters. All third parties relying on PSI's reports, by such reliance, agree to 6 City of Sanford Hopper Academy Sanford, Seminole County, Florida PSI Proposal No. PO- 663 -42891 April 12, 2011 be bound by this proposal and PSI's General Conditions. No reliance by any party is permitted without such agreement, regardless of the content of the reliance letter itself. SCHEDULE PSI proposes to deliver the report in 15 to 21 work days after we receive written authorization to proceed. Please note that the schedule will be dependent upon receipt of information from regulatory agencies and may be altered based on receipt of information. Completion of the project may be affected by access to the property, the availability of information, and other factors. FEES Based on the scope of services outlined above, it is estimated that the total fee will be on the order of $1,600.00 to $3,900.00 as detailed below. Should unforeseen conditions be encountered which would affect the proposed cost, you will be notified prior to PSI implementing the affected task or any changes in the scope of services as described herein. PhaseI ESA* .............................................. ............................... ......................$1,600.00 NESHAP Asbestos Demolition Survey ................................. ..............................$ 900.00 (including building inspection, sample collection, report preparation, project management, and expendables) Laboratory analysis of an estimated ..................................... ..............................$ 300.00 20 asbestos samples at $15.00 /sample ** LBPSurvey ........................................................................... ..............................$ 700.00 (Including building inspection, XRF device, report preparation, project management, and expendables) Laboratory analysis of an estimated ..................................... ..............................$ 300.00 2 TCLP lead samples at $150.00 1sample ERR*** ....................................................................... ............................... ......$ Estimated Project Total 6,800.0 1, (666 * This fee does not include obtaining the environmental liens search and AULs search for the property. As indicated previously, PSI can obtain this information, if authorized. The fee to obtain this information, based on the number of land parcels, at the time of project start -up would be $250.00 per land parcel. ** Please note that the number of samples is estimated for the asbestos survey. It is possible that the number of samples estimated will not be collected and analyzed, thus lowering the estimated project cost. The client will be billed for the total number of samples at a rate of M M-1 S.°e' . City of Sanford Hopper Academy Sanford, Seminole County, Florida PSI Proposal No. PO- 663 -42891 April 12, 2011 $15.00 per asbestos sample analyzed. if additional materials are required to be sampled and analyzed, PSI will contact the client for authorization. **"Please note that this fee does not include publication costs for a Finding of No Significant Impact (FONSI), Environmental Impact Statement (EIS), Notice of Early Public Review, or Notice of Explanation, if they are required to be completed. Additionally, this fee does not include preparation of the Notice of Intent to Request Release of Funds (NOi /RROF). A revision to the professional fees proposed will apply if any areas of the structure are not accessible at the time of the survey and if PSI is required to utilize an additional mobilization or wait to access areas. The following efforts are not included in this price: • Consultation (beyond clarifications of information presented in the Phase I ESA report); • Additional draft report submittals /edit cycles; • In- process report edits needed to incorporate required information not provided at the inception of the project; and, • Extraordinary research that is requested after the draft report is delivered and/or to address data gaps. This additional work will be conducted on a time and materials basis in accordance with the following unit rates: Staff Scientist/Specialist, per hour ............... ............................... $ 77.00 per hour Project Scientist/Specialist, per hour ........... ............................... $ 87.00 per hour Senior Scientist/Specialist, per hour ............ ............................... $100.00 per hour Project Manager /Specialist, per hour ........... ............................... $115.00 per hour Principal Consultant, per hour ..................... ............................... $135.00 per hour Chief Scientist/Engineer, per hour ............... ............................... $145.00 per hour AUTHORIZATION To authorize our services, please sign and complete the attached proposal authorization and instructions for payment form, and return one copy of the authorized proposal to our office. We will proceed with the work upon receipt of proposal authorization. PSI will perform the work in accordance with the attached General Conditions, which are incorporated into and made a part of this proposal. PSI also provides an array of complementary environmental and industrial hygiene services to assist our clients in successfully assessing and developing properties such as the one referenced in this proposal. PSI's environmental consultants apply their experience, local geologic knowledge and understanding of ASTM standards, environmental risk, and regulatory knowledge to conduct due diligence assessments of a wide range of property types and proposed developments. We would be pleased to provide your team with a proposal for these services. PSI's familiarity with the site conditions from the geotechnical scope of work will enable our environmental professionals to proceed quickly with a cost effective and pragmatic scope of work. FRam' City of Sanford April 12, 2011 Hopper academy Sanford, Seminole County, Florida PSI Proposal No. PO- 66342891 Please call with any questions you may have, or if PSI can be of additional service. We look forward to working with you on this and future projects. Respectfully Submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. - bv� ' Vicki B. Lewis, LEP Cate M. Landry Environmental Professional/ Environmental Department Manager Principal Consultant Attachments: Proposal Authorization & Payment Instructions User Questionnaire Property Contact Information General Conditions PSI can provide a complete range of Facility Doctor® services in addition to those listed above. Should this project or future projects require any of the following services PSI would be pleased to discuss this further with you. - Environmental Site Assessments - Property Condition Assessments - Remediation Plans & Specifications - Materials Testing & Engineering - Pavement Consulting - Asbestos /Lead Consulting - Facility /Envelope Engineering - Roof Inspections & Consulting - Indoor Air Quality (IAQ) Consulting - Geotechnical/Foundation Engineering - Wetlands /Endangered Species - Leadership in Energy and Environmental Design (LEED) Services P:k663k663_2011XBProposa1skP0- 0663 -42881 City of Sanford.doc eA 9 City of Sanford April 12, 2011 Hopper Academy Sanford, Seminole County, Florida PSI Proposal No. PO- 663 -42891 PROPOSAL AUTHORIZATION & PAYMENT INSTRUCTIONS Authorization To execute this proposal, please sign and complete the authorization information below along with applicable payment instructions, and return one copy of the authorized proposal to our office. Authorized By (please print) Title Signature Firm Address city State Zip Code Telephone Rate Purchase Order No. / Project Tracking No. (if applicable) Payment Instructions If invoice payment is to be made by a party other than the authorizing party above, please provide the following information for whom the invoices are to be billed: Firm Address City State Zip Code Telephone Authorizing Party's Relationship to Invoice Payment Party If invoices are to be approved other than by the payment party above, please provide the following information for whom the invoices are to be mailed for approval: Firm Address city State Authorizing Party's Relationship to Invoice Approval Party Attention Title Attention Tide Zip Code Telephone 10 City of Sanford April 12, 2011 Hopper Academy Sanford, Seminole County, Florida PSI Proposal No. PO -663 -42891 USER QUESTIONNAIRE 1 OF 2 Pursuant to ASTM E 1527 -05 Appendix X.3, in order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability relief and Brownfields Revitalization Act of 2001 (the " Brownfields Amendments), the user must provide the following information (if available) to the environmental professional. Failure to provide the information could result in a determination that "all appropriate inquiry' is not complete. This form represents a type of interview and as such, the user has an obligation to answer all questions in good faith, to the extent of his or her actual knowledge. 1. Are you aware of any environmental cleanup liens against the property that are filed or recorded under federal, tribal, state or local law? ❑ No ❑ Yes If yes, please explain. 2. Are you aware of any activity and land use limitations (AULs), such as engineering controls, land use restrictions or institutional controls that are in place at the site and /or have been filed or recorded in a registry under federal, tribal, state, or local lav✓? ❑ No ❑ Yes If yes, please explain. 3. As the user of this ESA do you have any specialized knowledge or experience related to the property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business? ❑ No ❑ Yes If yes, please explain. 4. Does the purchase price being paid for this property reasonably reflect the fair market value of the property? ❑ No ❑ Yes ❑ N/A If no, please explain. If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the property? ❑ No ❑ Yes ❑ NIA If yes, please explain. 5. Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example, as user: (a) Do you know of the past uses of the property ?; (b) Do you know of specific chemicals that are present or were once present at the property ?; (c) Do you know of spills or other chemical releases that have taken place at the property ?; (d) Do you know of any environmental cleanups that have taken place at the property? ❑ No ❑ Yes If yes, please explain. 6. As the user of this ESA, based on your knowledge and experience related to the property are there any obvious indicators that point to the presence or likely presence of contamination at the property? ❑ No ❑ Yes If yes, please explain. 11 City of Sanford April 12, 2011 Hopper Academy Sanford, Seminole County, Florida PSI Proposal No. PO -663 -42891 USER QUESTIONNAIRE 2 OF 2 Proceedings Involving the Property Pursuant to ASTM E 1527 -05 §10.9, as the user of this ESA do you know of (1) any pending, threatened, or past litigation relevant to hazardous substances or petroleum products in, on, or from the property; (2) any pending, threatened, or past administrative proceedings relevant to hazardous substances or petroleum products in, on, or from the property; and (3) any notices from any governmental entity regarding any possible violation of environmental laws or possible liability relating to hazardous substances or petroleum products? ❑ No ❑ Yes If yes, please explain. Helpful Documents Checklist Pursuant to ASTM E 1527 -05 §10.8, do you know whether any of the following documents exist related to the subject property, and if so, whether copies can and will be provided to PSI for review? Check all that apply. ❑ Environmental site assessment reports ❑ Environmental compliance audit reports ❑ Environmental permits (for example solid waste disposal permits, hazardous waste disposal permits, wastewater permits, NPDES permits, underground injection permits) ❑ Registrations for above or underground storage tanks ❑ Registration for underground injection systems ❑ Material safety data sheets ❑ Community right -to -know plan ❑ Risk assessments ❑ Safety plans; preparedness and prevention plans; spill prevention, countermeasure and control (SPCC) plans; etc. ❑ Reports regarding hydrogeologic conditions on the property or surrounding area ❑ Notices or other correspondence from any governmental agency relating to past or current violations of environmental laws with respect to the property or relating to environmental liens encumbering the property ❑ Hazardous waste generation notices or reports ❑ Geotechnical studies ❑ Recorded activity and land use limitations (AULs) Name (Authorized User Representative) Title Signature Date Please return this form along with the signed and completed Proposal Authorization & Payment Instructions and Contact Information forms, all of which are a part of this proposal, to PSI as your authorization to begin work on this project. 12 ��s City of Sanford i April 12, 2011 Hopper Academy Sanford, Seminole County, Florida PSI Proposal No. PO- 663 -42891 CONTACT INFORMATION SHEET Please provide contact information for the parties below (if known) and return to PSI along with the signed and completed Proposal Authorization & Payment Instructions and User Questionnaire. PRIMARY USER CONTACT SECONDARY USER CONTACT (if any) Name Name Address Address City/State/Zip City/State/Zip Phone Phone CURRENT OWNER KEY SITE MANAGER Name Name Address Address City/State2ip City/State2ip Phone Phone CURRENT FACILITY OPERATOR PAST OWNER OR OPERATOR Name Name Address Address City /State/Zip City/State/Zip Phone Phone OTHER PARTIES LIKELY TO HAVE MATERIAL INFORMATION REGARDING PROPERTY Name Name Address Address City /State/Zlp City/State2ip Phone Phone 13 GENERAL CONDITIONS I. PARTIESA \'D SCOPE OF WORK Professional Ser ice iadushies Inc. C'PSr) shall include said company or its paftineYr division, subsidiaty or atfitiak perfuming the wvsi aleck' nxans the specific service to be petfouned by PSI as stt forth in PSI's proposal C7ienr'z acceptance thereof and these Gratral Conditions_ additional work ordered by Clitat shall also be subject to these General Conditions. "Client" refers to the person of business entity ordering the work to be done by PSL If Client is onitdrs3 the work on behalf of another. Client represents and warrants that it is the duly audrocized agent of said party for the purpose, of ocdefin3 and directing said work Unless otherwise stated in writing, Client assumes sole responsibility for detemwsint whether the quantity and the nature of the wort ordered by the client is adequate and sufficient for Client's intended purpose. Client shall comnmvcatt Uxse Gentral Conditions to each and every third party to whum Client uansnuts any pat of PSI's work PSI shall have no duty or obligation to any third party greater than that set forth in PSI's proposal, Client's acceptance ihettof and these General Conditions. The ordering of wcck from, PSI, or the reliance on any of PSI's wvrk, shall constitute acceptance of the terms of PSI's proposal and these Central Conditions, regardless of the terms of any subsequently issued document. 2 TESTS AND LNISPECTIO; IS: Client shall cause all tests and inspections of the site, materials and work performed by PSI oc others to be timely and properly performed in accordance with the plans, specifications and contract documents and PSI's recommendations. No claims for loss, damage or injury shall be brought against PSI by Client os any third pasty unless 211 tests and inspeetioms have been so performed and vtnkss PSI's recommendations have been followed, Client agrees to indemnify, defend and hold PSI, its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so ptrturned of PSI's recommendations are not so followed- 3. PREVAIILNG WAGES. This proposal specifically excludes compliance with any project labor agreement labor agreement, or other union or apprenticeship requirements. In addition, unless explicitly agtted to in de body of this proposal, this proposal specifically excludes compliance with any state or federal prevailing wage law or associated requirements, including the Davis Bacon Act. Due to the professional nature of its senices PSI is genetally exempt (torn the Davis Bacon Act and other ptevailing wage schemes. It is agreed that no applicable prevailing wage classification or wage rate has been provided to PSI, and that 211 wages and cost estimates contained herein art based solely upon standard• non-- prevailin3 wage rates. Should it later be determined by the Owver or any applicable agency that in fad prevailing wage applies, then it is agreed that the contract value of this agtecrtmit shalt be equitably adjusted to account for such changed circumstance. These MIUSions 911211 survive the completion of the project and shall W merged into any subsequently executed document between the parties, regardless of the terms of such agreement Client will reimburse, defend, indemnify and hold harmless PSI from and against any liability resulting. from a subsequent dettimination that pievailing wage regulations cover the Project, including all costs, fines and attotey's fees. 4. SCHEDULING OF WORK The smicts set forth in PSrs proposal and Client's acceptance wilt be accomplished by PSI personnel at the prices quoted If PSI is required to delay commrnceaent of bit work ix it upon embarking upon its work, PSI is requited to stop orinttrrupt the progress of its wort as a it suit of changes in the scope of the work requested by Client, to fulfill the requitt,ems of third parties, interruptions in the progress of or other causes beyond the direct reasonable comot of PSI, additional charges will be applicable and payable by Cheat 5. ACCESS TO SITE Client will afrange and provide such access to the site and work as is necessary for PSI to perfocm the worn PST sttilh take reasonable rnessdaes and precawioas to ruininui u damage to the site and any improvttuents located thereon as the result of its work or the use of its equipment 6. CLiLNr'S Db7Y TO NOTIFYENGINTFR Client warrants "it has advised PSI of any known ter suspected hazardous matecials, utility lines and pollutants at any site at which PSI is to do work, and unless PSI has assurned In writing the responsibility of locating subsurface objects, structures, lines or conduits, Client agrees to Mend, indemnify and save PSI harmless from all claims, suits, losses, costs and expenses, including reasonable attorney's fees as a result of pcisomal injury, death or property damage occnming with respect to PSI's pciformanee of its work and stsulting to or caused by contact with subsurface or latent objects, structures, lines of conduits wiuerc the actual of potential presence and location thereof were not revtaled to PSI by Client- 7. RESPONSIBILITY: PSI's work shall not include determining, supervising or nmpkruentin3 the treans, methods, ttciutiques, sequences or procedures of construction. PSI shall not be responsible for evaluating, reporting or affecting job conditioas concerning health, safety or welfare. PSI's work or failtwt to perform saint shall not in any uay excuse any contractor, subcontr actor a supplier from perfomrnce of its work in 2cmdanee with the contract documents. Mat agrees that it shall require subrogation to Lit waived against PSI and for PSI to be added as an Additional Insured oa all policies of insurance, including any pohcmts tequrred of Ctitnt's contractors or subcontractors, covering any construction or dev elopment activities to be perfocrosed on the project site. PSI has no right or duty to stop the contractor's wvrk. S. SAMPLE DISPOSAL: Test spteimeas w>71 be disposed immediately upon completion of the test All drilling samples will be disposed sixty (60) days after submission of PSI's report 9. P.- XY%ffNT: Tlx quantities and fees provided in this proposal are PSrs estimate based on information provided by Client and PSI's experience en similar projects. The actual MA amount dire to PSI shall be based on the actual final quantities provided by PSI at the to it rates provided hertia. Client shall be invoiced once each month for work performed duting dot preceding period, Client agrees to pay each invoice within thirty (30) days *fits receipt Client further aerees to pay interest on all amounts invoiced and not paid m objected to for %and cause in writing within said thirty (30) day period at tat mate of eighken (19) percent per annum (or the aaxinuun interest rate pemntitted under applicable law), until paid. Client agrees to pay PSrs cost of ecinectioa of ail amormts Clue and unpaid after thirty (30) days, including court costs and reasonable attorney's fees. PSI shall not be bound by any provision or agreemeat tequiting or providing for arbitration of disputes a controv ersics arising out of this agfttnxnt, any provisioa xfetein PSI waives any tights to a nxchanic s' Grn, or any provision conditioning PSI's might to receive payment for its vork upon pay meal to Client by any third party. These General Conditions ate ootiee, where required, that PSI shall file a lien utknevcr necessary to collect past due armofumts. Failure to make payment within 30 days of invoice shall constitute a ukase of PSI from any and all clauns which Client may have, whrthtt in tot, contract or oth -mist, and whether known or u nlaaolm at the thee. 10. ALLOCATION OF RISK: CLIE. \'I AGREES THAT PSI'S SERVICES R'II.L NOT SUBJECT PSI'S L\DIVIDUAL EMPLOYEES, OFFICERS OR DIRECTORS TOANY PERSONAL LIABILITY, AND THAT NOT %WrHSTANDING ANY OTHER PROVISION OF THIS AGREEME \7 CLIENT AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE TO DIRECTOR ASSERTA. \Y CLAIM, DEMAND, OR SUIT ON'LYAGAI \ST PSL STATE\1EN'TS Nt4DE IN PSI REPORTS ARE OPINIONS BASED UPON ENGINEERING JLDGME\ r A \D ARE NOT TO BE CONSTRUED AS REPRESE \TATIO \S OF FACT. SHOULD PSI OR ANY OF ITS EMPLOYEES BE FOUND TO HAVE BEEN \'EGLIGE. \'T L\ THE PERFOR.\L4. \CE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLALNiMG THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE I\ A. \'Y WAY RELIED UPON PSrS WORK AGREE THAT THE MAXLMUMAGGREGATE ASiOU\T OF THE LL4BIITTY OF PSI, ITS OFFICERS, EMPLOYEES A \D AGE \TS SHALL BE LIMITED TO $15,000.00 OR THE TOTALAMOU` T OF THE FEE PAID TO PSI FOR ITS WORK PERFORMED ON THE PROJECT, WHICHEVER AMOL IS GREATER. IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMFI PSFS LIABILITY IN ACCO.RDA \CE VLTTH THE PROVISIONS SET FORTH IN THIS PARAGRAPH, CLIENT MAY UPON WRITTEN REQUEST OF CLIENT RECEIVED WITHIN FIVE DAYS OF CLIE NT'S ACCEPTANCE HEREOF, ]\CREASE THE I-BUT OF PSI'S LIABILITY TO 5250,000.00 OR THE AMOUNT OF PSI'S FEE PAID TO PSI FOR ITS WORK Ohl THE PROJECT, WHICHEVER 1S THE GREATER, BYAGREETNG TO PAY PSIA SUM EQUIIALF \*r TO P-N ADDITIONAL AMOUNT OF 5 OF THETOTALFEE TO BE CHARGED FOR PSI'S SERVICES. THIS CHARGE TS NOT TO BE CONSTRUED AS BEING A CHARGE FOR 1\SURA. \CE OF ANY TYPE, BUT IS INCREASED CONSEDE ATION FOR THE GREATER LIABILITY INVOLVED. W ANY EVE. \T, ATTOR\TrS FEES EXPENDED BY PSI IN CONNECTION WITH AN'Y CIAL\f SHALL REDUCE THE A\fOUNTAVAlLABLE, AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT. NO ACTION OR CLAIM, WHETHER LN TORT, CONTRACT, OR OTHERWISE, MAYBE BROUGHPAGALNST PSI, ARISING FRO\( OR RELATEDTO 1'SrS WORK MORE THAN TWO YEARS AITFP THE CESSATION OF PSFS WORK HEREUNDER, REGARDLESS OF THE DATE OF DISCOVERYOF SUCH CLAIM - 11. INDEG\T1Y. Subject to the above limitations, PSI agrees not to dekad but to indemnify and hold Clint harmless from and against any and all claims, suits, costs and expenses including reasonable attorney's lees and court costs to the want azising out of PSI's negligence as finally determined by a court of taw: Client shall provide the same protection to the exteat of its negligence. In the event that Client or Client's principal shall bring any suit, cause of action, claim or eounetel2im against PSI, the Client and the party initiating such action shall pay to PSI the costs and expenses incurred by PSI to investigate, answer and defend it, including teaserable attomey's and witness fees and court costs to the extent that PSI shall Prevail in such suit- 11. TERMNATION: TaisAwetntent may be terminated by either party upon seven dayi prior written notice. In the event of termination, PSI shall be compensated by Client fOr all smicts performed up to and including the termination date, including rtirnboisabte expenses. 13. EMPLOYEESAVTINESS FEES: PSI's employees shalt not be retained as expert witnesses except by separate, written agreement_ Client agrees to pay PSI's legal expenses, administrative costs and fees pursuant to Pus then current fee schedule for PSI to respond to any subpoena. For a period of one year after the completion of any work performed under this arretment Client agrees not to solicit, icduit, or hire any PSI employee of person who has been employed by PSI within tux previous twelve months. In the event Client desires to hie such an individual, Client agrees that it shall seek the written consent of PSI, and shall pay PSi an amount equal to one -half of the employee's annualized salary, without PSi waiving other remedies it any have. 14. HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring PSI to assume the status of an own". opevatoc, generator, stover, transporter, heater or disposal facility as those terms appear within RCRA or within any Federal or State statute or rtgulatic r governing the generation, haaspostatioa, 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 bandhing, treatment storage and disposal of pollutants. 15. CHOICE OF LAWAND EXCLUSIVE VENUE: All claims of disputes arising of elating to this agreement shall be govemedby, construed, and enforced in accordance the laws of Illinois. The exclusive venue for all actions or proceedings arising in connection with this axaerucat shall be either tea' Circuit Court in DuPaQc County, Illinois, or the Fc-&r l Court foc the Nofllxmt District of Illinois. 16. PROVISIONS SEVERABLE: Tut parties have entered into this agicment in good faith, and it is the specific intent of the parties that the terms of these General Conditions be enforced as w•mittea In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the temaining provisions shall be enforceable. 17. EMIRE AGREEME NT. This agreement constitutes the entire utxkrstaading of the parties, and there are no representations, warranties or undertakings made other than as set forth herein. This agreement may be amended, tuodifted or terminated only in wziting. signed by each of the parties hereto. 13- 900 -11 (9) 7110 P—� i .