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1380 Professional Service Industries, Inc.�' PURCHASING DEPARTMENT T RANSMITTAL MEMORANDUM To: City Manager /City Clerk RE: Work Order for PSI in the amount of $9,470 Ph 1 Envir Site Assessment The item(s) noted below is /are attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution ❑ Mayor's signature C g ] 4;; ; R ) ❑ Payment Bond ® City Manager Signature ® City Clerk Signature r Once completed, please: ® Return original El Special Instructions: Need executed signatures (both parties). Please advise if you have any questions regarding the above. Thank you! From C9 - ��'�� Date TADept_ forms \City Clerk Transmittal Memo - 2009.doc EXHIBIT A WORK ORDER FORM Work Order Number 100 -1 -11 CITY OF SANFORD FLORIDA Master Agreement/Contract Number: N/A Dated: February 2, 2011 Contract/Project Title Phase 1 Environmental Site Assessment -Lake Monroe Terrace Apartments Solicitation No: ISanford Project No. I Purchase Order No. Consultant/Contractor: Professional Service Industries, Inc. (PSI) Consultant/Contractoes Business Address, Phone Number, Fax Number and E -mail Address 1748 33rd Street, Orlando, Florida 32839 Telephone: 407.304.5560 FAX: 407.304.5561 ATTACHMENTS TO THIS WORK ORDER METHOD OF COMPENSATION DRAWINGS/PLANS /SPECIFICATIONS X IFIXED FEE BASIS X SCOPE OF SERVICES TIME BASIS -NOT TO EXCEED AMOUNT SPECIAL CONDITIONS TIME BASIS - LIMITATION OF FUNDS PRICING IINFORMATION UNIT PRICE BASIS -NOT TO EXCEED AMOUNT WO TERMS AND CONDITIONS X PROPOSAL DATED: January 5, 2011 TIME FOR COMPLETION: 15 days Days of the effective date of 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: $ Env. Assessment $2,350.– + Sampling $7,120.– =$9,470. – Dollar Amount Written Out: Nine thousand four hundred seventy dollars only. In Witness Where of, the parties hereto have made and executed this Work Order on the respective dates under each signature: The City Manager by and through authority delegated by and through the City Commission and the Consultant/Contractor by and through its duly authorized corporate officer having the full and comp lete authority to execute same. CON SU LTANT /CONTRACTOR ATTEST: EXECUTION: 1 Sigtiature, Corporate Officer Signature, 6e Eret� President i5 II zai, �" M, P Officer Printed Name Title and Datb Co rat r Printed Name and Date — Corporate CITY OF SANFORD ['V ature, Pcfrc Manager F. William Smith Purchasing Manager, Printed Name and Date Signature, Uity Clerk Signature, City Manager ' �� ��✓ -/ "Interim City Manager, Tom Georg City Clerk, Printe ame an ate Ci Mana er, Printed Name and Date Revised: 1-6 -2011 C: rtr F� rA EXHIBIT "A "(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 so by 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 CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for a sum not exceeding the amount indicated as the Work Omer 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°x) of the Limitation of Funds amount. 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. (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. WORK ORDER TERMS AND CONDITIONS 1. By accepting this Work Order (WO) the Contractor/VendodContractor accepts all of the Terms and Conditions included herein. The Buyer is the City of Sanford, Florida, hereinafter referred to as the "City ". The term "City" is used in a broad sense to include its employees, directors, officers, agents, volunteers, etc. 2. All information referenced is hereby incorporated into the WO. These Terms and Conditions may be varied only by written amendment signed by the parties. All modifications in performance, including but not limited to, extensions of time, renewal, or substitution are void absent dually signed amendment by the parties. Time is of the essence of the lawful performance of the duties and obligations contained in the Work Order. The Vendor /Contractor agrees that Vendor /Contractor shall diligently and expeditiously pursue Vendor /Contractor's obligations. 3. Cancellation rights reserved by the City. The City may cancel this WO in whole or in part at any time for default by written notice to the Vendor /Contractor. The City shall have no liability to the Vendor /Contractor beyond payment of any balance owing for Material purchased hereunder and delivered to and accepted by the City prior to the Vendor /Contractor's receipt of the notice of termination. 4. Terms of shipping are F.O.B. the City's delivery location unless otherwise noted within the terms of this WO. Regardless of the indicated F.O.B. point, the City does not accept title until the delivery is acknowledged by an authorized City representative" 5. Prices stated on this WO are firm, all inclusive and consistent with applicable negotiations, bid(s) and /or quotations. The City is exempt from the Florida Sales and Use Tax and will furnish the Vendor /Contractor with proof of tax exemption upon request. Extra charges for any purpose will not be allowed unless explicitly indicated on the WO. This order is hereby cancelled, if pricing is omitted. 6. The Vendor /Contractor warrants that any material or equipment supplied hereunder is new, unused condition and free from defects in title, workmanship, defects in design and in full compliance with the specifications defined by the City in the order. The goods or services furnished under this WO are covered by commercial warranties for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the City. A copy of these warranties and all applicable manufacturer's warranties shall be furnished at the time of delivery. 7. The City reserves the right to conduct any inspection or investigation to verify compliance of the goods and /or services with the requirements of this Work order and to reject any delivery not in compliance If any deficiency is not visible at the time of delivery the City reserves the right to take and /or require appropriate corrective action upon the discovery of any deficiency, non - compliance, or defect 8. All tools or property furnished to the Vendor /Contractor by the City shall remain the property of the City, be subject to removal upon the City's demand, be used only on behalf of the City, be maintained in good order, and be clearly identified as property of the City. The Vendor /Contractor assumes any and all liability of whatsoever type or nature for loss or damage to such property. 9. The Vendor /Contractor agrees to comply with all Federal, State of Florida, Seminole County, City laws, ordinances, regulations, authority and codes and authority having jurisdiction over the purchase. 10. To the fullest extent permitted by law, the Vendor /Contractor shall indemnify, hold harmless and defend the City, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or agents. Additionally, the Vendor /Contractor accepts responsibility for all damages resulting in any way related to the procurement and delivery of goods or services contemplated in this Work order. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. 11. The Vendor /Contractor shall not assign this WO, any rights under this WO or any monies due or to become due hereunder nor delegate or subcontract any obligations or work hereunder without the prior written consent of the City. WORK ORDER TERMS AND CONDITIONS -Page 2 12. The Vendor /Contractor shall not disclose the existence of this WO without prior written consent of the City except as may be required to perform this WO. 13. All Material purchased hereunder must be packaged to ensure its security and delivery in accordance with the City's shipping and packaging specification and good commercial practice. Each package shall be labeled indicating the.addressee of each package or shipment and the applicable WO number. All shipments shall comply with HAZMAT requirements including, but not limited to, (DOT) regulations published in 49CFR 1399, OSHA regulations 29 CFR 4999. 14. The Vendor /Contractor shall perform the obligations of this WO as an independent contractor and under no circumstances shall it be considered as agent or employee of the City. 15. The Vendor /Contractor ensures that its personnel shall comply with reasonable conduct guidelines and City policies and procedures. 16. After each delivery, the Vendor /Contractor shall provide to the "bill to address" an original, "proper invoice" (single copy) which includes: a) Vendor /Contractor's name(dba), telephone number, mailing address; b) City's P.O. Number; c) Date of invoice; d) Shipping date; e) Delivery date; f) Payment terms; g) Description of goods /services; h) quantity; i) Unit price; j) Extended price; k) Total. The City has the right to reconcile invoice with the WO and adjust payment accordingly to comply with the WO. Payment will be made only to the Vendor /Contractor identified on the WO and for received and accepted goods /services. The City shall have right at any time to set-off any amounts due to the Vendor /Contractor against any amounts owed to the City by the Vendor /Contractor and shall in the case of Vendor /Contractor default retain the right to further adjust payments as consistent with the best interests of the City. 17. Payment of invoices will be in compliance with Chapter 218, Part VII of Florida Statutes, City Ordinance No. 3029, Purchasing Policy of the City and the stipulations, terms and conditions of this WO. Any cash discount period will date from receipt of invoice, receipt of actual delivery or date of invoice, which ever is later. 18. If this WO involves the Vendor /Contractor's performance on the City's premises or at any place where the City conducts operations, the Vendor /Contractor shall request information from the Purchasing Manager regarding insurance coverage requirements. In circumstances where insurance is required, Vendor /Contractor shall provide proofs of insurance required by the City, or City reserves the right to cancel this Work Order, immediately suspend performance by the Vendor /Contractor at Vendor /Contractor's expense and prohibit access to City premises until such proofs of insurance is verified Noncompliance with this item shall place the Vendor /Contractor in default and subject to disbarment from the City's Vendor /Contractor List. 19. The failure of the city to enforce any provision of this WO, exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 20. The Vendor /Contractor shall notify the Purchasing Manager of any inherent hazard and applicable precautions, protective measures and provide any additional relevant information, including MSDS, related to the Material being purchased herein. 21. The City shall have the right at no additional charge to use all or portions of material found in the Vendor /Contractor's applicable literature relevant to the purchase. The Vendor /Contractor agrees to advise the City of any updated information relative to the foregoing literature and documentation with timely written notice. 22. A person or affiliate who has been removed from the City's Vendor /Contractor List may not submit a bid or transact business with the City in excess of Category Two for a period of thirty -six (36) months from the date of being removed from the City's Vendor /Contractor List. 23. In compliance with 8 U.S.C. Sectionl324a(e) [Section 274A(e) of the Immigration and Nationality Act (INA)], the City will not intentionally make an award or upon discovery of a violation will unilaterally cancel this WO with any contractor who knowingly employs unauthorized alien workers. WORK ORDER TERMS AND CONDITIONS -Page 3 24. This WO shall be governed by and interpreted in accordance with the laws of the State of Florida. In any action or proceeding required to enforce or interpret the terms of this Agreement, venue shall be of the Eighteenth Judicial Circuit in and for Seminole County, Florida =p In �&On TOB Moh "lriy • oomduw • January 5, 2011 , Via Electronic Mail: mcraynD-sanfordfl.gov CITY OF SANFORD 815 West 13' Street Sanford, FL 32771 Attn: Mr. Nick McRay RE: Proposal for Phase I Environmental Site Assessment Lake Monroe Terrace Appardnents Lake Monroe Terrace Sanford, Seminole County, Florida PSI Proposal No. PO -0663 -36260 Dear Mr. McRay: Professional Service Industries, Inc. (PSI) is pleased to submit this proposal to conduct a Phase I Environmental Site Assessment (ESA) and select Other Environmental Issues at the subject 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 66 single- and multi - family residences ranging in size from approximately 720 square feet to 1,728 square feet located In Sanford, Seminole County, Florida. Based on information obtained from the Seminole County Property Appraiser's web site, the Parcel ID number for the property is 25- 19- 30 -5AG- 051840000, and the buildings were originally constructed in 1971. Based on the information provided, PSI understands that your Purpose for having the Phase 1 ESA performed is to satisfy one of the requirements to quaRy for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on 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. The scope of services presented below is intended to satisfy this purpose. PHASE I ESA SCOPE OF SERVICES PSI will perform the Phase I 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). PSI will perform the assessment under the supervision of an environmental professional as defined in 40 CFR 312.10. The scope of services will include records review, reconnaissance, Prolesdwal Service kduarbs. Inc. • 174a 33' SbbvO.Orlando, FL 3209 • Tel. 407/304-M • Fax. 407/304 -5361 City of Sanford Lake [Monroe Terrace Apparbnents Sanford, Seminole County, Florida PSI Proposal No. PO4NW -36250 January 5, 2010 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. PSI will prepare a report of our findings and provide one electronic draft copy and two final copies. 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 As requested, PSI will assess other environmental issues or conditions beyond the scope of ASTM E 1527 -05. The scope of additional assessment services for considerations beyond the ASTM Phase I ESA practice will include a NESHAP Demolition Asbestos Survey and Lead - Based Paint Survey. These services are detailed under separate cover. If the Client desires to include any other assessments, please contact PSI for a revised proposal and cost estimate. City of Sanford Janauary 5, 2010 Lake Monroe Terrace Appartments Sanford, Seminole County, Florida PSI Proposal No. PO- 066336250 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 (AULs) that are in place on the site or that have been filed or recorded in a registry, • 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; If requested, PSI will subcontract the search for environmental liens and AULs on behalf of the client. 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. �r�,� 3 City of Sanford January 5, 2010 Lake Monroe Terrace Appartments Sanford, Seminole County, Florida PSI Proposal No. PO- 0663-36250 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 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's standard time One to deliver a report is typically 10 to 12 work days after we receive written authorization to proceed. Site access scheduling and access limitations may affect the report delivery time. Completion of the project may be affected by access to the property, the availability of information, and otherfactors. FEES PSI will prepare the Phase I ESA for the lump sump of $2,000.00. This fee is based on the previous Phase I ESA report being provided to PSI and includes the submittal of one hard final copy and one electronic copy of the final report. The following efforts are not included in this price: • Consultation (beyond clarifications of information presented in the Phase I ESA report); • Additional report submittals/edit cycles; • In- process report edits needed to incorporate required inforrnation not provided at the inception of the project; and, • Extraordinary . research that is requested after the report is delivered and/or to address data gaps. 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 to $360.00 per land parcel. PSI proposes to provide follow -up consultation (beyond clarifications of information presented in the Phase I ESA report) and extraordinary research that is requested after the report is delivered, on a unit rate basis in accordance with the following unit rates: Staff ScientistiSpecialist, per hour . ........... ....... ......... $77.00 per hour Project Scientist/Specialist, per hour ......... ....... ....... ...... $87.00 per hour Senior Scientist/Specialist, per hour ........................................... $110.00 per hour Principal Consultant, per hour ......... ........................... ...... $130.00 per hour Chief` Scientist /Engineer, per hour ........... . ....• $145.00 per hour Report Copies .. ............................... .......... .................... $100.00 per copy 4 City of Sanford January 5, 2010 Lake Monroe Terrace Appartments Sanford, Seminole County, Florida PSI Proposal No. P0-0663 -38250 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. 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 r Fistry under federal, tribal, state, or local law? LJ 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 n Yes If yes, please explain. 4. Does the purchase price being paid for this property reasonably reflect the fair market value of the property? If you conclude that there Is a difference, have you considered whether the lower urchase_price is because contamination is known or believed to be present at the property? No ❑ Yes 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 identity 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. LM�� City of Sanford January 5, 2010 Lake Monroe Terrace Appartments Sanford, Seminole County, Florlda PSI Proposal No. PO40663.36250 USER QUESTIONNAIRE 2 OF 2 Proceedings Involving the Property Pursuant to ASTM E 11527 -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 product '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, NPpES 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 Jaws 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 Nmitatlons (AULs) Nwft (Authort:ed User Repre"r9m ive) Title Sipnehre D1da 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. City of Sanford Janauary 5, 2010 Lake Monroe Terrace Appartments Sanford, Seminole County, Florida PSI Proposal No. PO- 0663 -36250 CONTACT INFORMATION SHEET Please provide contact Information for the parties belo w (if known) and 'return to PSI along with the signed and completed Proposal Authorization 3 Payment Instructions and User Questionnaire.. PRIMARY USER CONTACT SECONDARY USER CONTACT (if any) Name Name Address Address c4lsweao ckylSbwzip Phone Phone CURRENT OWNER KEY SITE MANAGER Name Name Address citylswaao ckpsuwzip Phone Phone CURRENT FACILITY OPERATOR PAST OWNER OR OPERATOR Address Name Address CKyat"Zip ckypaste/zo Phone Phone OTHER PARTIES LIKELY TO HAVE MATERIAL INFORMATION REGARDING PROPERTY N 111fo!`t ?��i1 ion OVA fft * omsulaw • fiw#h�y ,January 5, 2011 Via Electronic Mail: mcrayn0sanfordfisiov CITY OF SANFORD 815 West 13' Street Sanford, FL 32771 Attn: Mr. Nick Mc ray Re: NESHAP Demolition Asbestos Sampling Survey and Lead - based Paint Testing Lance Monroe Terrace Apartments Lake Monroe Terrace Sanford, Seminole County, Florida PSI Proposal No. PO -0663 -36388 Dear Mr. Mc ray: Thank you for giving Professional Service Industries, Inc. (PSI) the opportunity to propose our services to you. PSI is pleased to submit the following proposal to provide a National Emission Standard for Hazardous Air Pollutants ( NESHAP) asbestos sampling survey and lead -based paint (LBP) testing survey at the above - referenced addresses. Project Background PSI understands that the property consists of 66 single- and mufti - family residences ranging in size from approximately 720 square feet to 1,726 square feet located in Sanford, Seminole County, Florida. Based on information obtained from the Seminole County Property Appraiser's web site, the Parcel ID number for the property is 25- 19- 30 - 5AG 0516 - 0000, and the buildings were originally constructed in 1971. Based on the information provided, PSI understands that the property is slated for demolition. PSI has also proposed to perform a Phase I Environmental Assessment under separate cover. The scope of services for the NESHAP Demolition Asbestos Sampling Survey and Lead -based Paint Testing is described as follows: NESHAP Asbestos Sampling Survey The purpose of the NESHAP asbestos survey is to determine the absence or presence of asbestos in materials that commonly contain asbestos that will be impacted by demolition activities. Field Services • Visual survey by a U.S. Environmental Protection Agency (EPA accredited building inspector pm%53 *W Service kwfuat W,1w- .1748 33" Sheet • Orlando. FL 32839 9 4W/304 -Sfi80 . Fox 407=4 -d681 City of Sanford Lake Monroe Terrace Apartments Sanford, Seminole County, Florida PSI Proposal No. PO4663 -36388 January 6, 2010 as required by EPA 40 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 wig include observations of the interior and exterior areas of the buildings where asbestos - containing materials (ACMs) could be present (i.e., building spaces, crawl spaces/attics, steam and hot water piping, furnaces, boiler rooms, asbestos insulated dud work, heat exchangers and any other structures, utility fines or equipment insulated with/or suspected of containing asbestos that may become airborne when disturbed through daily maintenance activities). Field personnel will attempt to access 25% of the units. Based on the construction date, PSI Is assuming that the materials throughout the property are homogeneous. • 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 Adnninistration (OSHA) Standard 29 Code of Federal Regulations (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 be included In the scope of services for this project for all buildings. The building owner wlA be responsible to patch the areas where samples are collected. PSI will provide temporary patching. PSI takes no responsibility for roof warranty or condition after sampling. • PSI wil not quantify suspect ACMs during the initial survey in order to reduce costs. p sample analysis determines ACM is present in select budding components, PSI wN upon authorization, return to the site to quantify the ACM in order to provide a cost estimate for the removal of these materials. The fee to conduct the quantification is induded in the below cost estimate. If the client chooses not to authorize this option, the final report wN provide a general location of where the material was observed but w8l not include quantification of identified ACMs. I F-71 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 '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 !] �. City of Sanford Lake Monroe Terrace Apartments Sanford, Seminole County, Florida PSI Proposal No. PO. 0663 -36368 January 5, 2010 • PSI performs standard quality control procedures including the use of internal and external laboratories to evaluate the accuracy of the asbestos analyses. • A NIST /NVLAP Accredited Laboratory will perform the analysis for asbestos. LBP Survey and Testing The purpose of the LBP survey is to determine the presence or absence of lead -based paint on exposed and/or accessible surfaces that commonly contain LBP. To accomplish this task, PSI recommends the performance of the following 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 a EPA certified inspector for LBP in general accordance with requirements set forth in U.S. Occupational safety and Health (OSHA) Standard 29 CFR 1926.62 and HUD Guidelines (1997). 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, 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. Final 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 PSI's Principal Consultant for those disciplines. Two paper copies and one scanned electronic copy of the final report will be provided to the client. Professional Fees Based on the proposed scope of services, PSI is requesting authorization in the amount of $7,120.00 for the performance of the following tasks. Should unforeseen conditions be City of Sword January 6, 2010 Lake Monroe Terrace Apartrnents Sanford, Seminole County, Flodda PSI Proposal No. PO- 0663 -363E6 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. NESHAP Asbestos Survey $ 2,500.00 (Including buHding inspection, sample collection, report preparation, project management, and expendables) Laboratory analysis of an estimated $1,320.00 110 asbestos samples at $12.001sample* Asbestos Quantification Survey ** $ 500.00 Lead -Based Paint Survey $ 2,500.00 (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 /sample Estimated Project Total 7120.0 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 $12.00 per asbestos sample analyzed. If additional materials are required to be sampled and analyzed, PSI will contact the client for authorization. ** If analysis of asbestos samples determines ACM exists at the site, the client has the option to have these materials quantified in the report for an additional cost of $450.00. If these services are not performed, this amount wig not be aivoiced to the client. 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 PSI is required to utflize an additional mobilization or wait to access areas. If necessary, PSI proposes to provide follow-up consultation (beyond clarifications of information presented in the final report) and extraordinary research that Is requested after the report is delivered, on a unit rate 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 Sclentist/Speclalist, per hour . ............................... ........................$110.00 per hour Principal Consultant, per hour ........... ............................... ........................$135.00 per hour PSI will perform the work in accordance with the attached General Conditions, which are Incorporated into and made a part of this proposal. Should unforeseen conditions be encountered which would affect the proposed cost, the client will be notified prior to PSI implementing the affected task or any changes in the scope of services as described herein. City of Sanford January 6, 2010 Lake Monroe Terrace Apardnents Sanford, Seminole County, Ronda PSI Proposal No. PO- 0663.38388 Schedule PSI proposes to deliver the report to the client within 15 business days after field activities have been completed. if a lesser time frame is required, please contact PSI immediately. All attempts will be made to assure that the project will be completed in the required timeframe. The services proposed herein are conventional in nature and do not include any special services that may lessen the risk of conditions that can contribute to moisture, mold or other microbial contaminate amplification in buildings. You may be aware that mold is abundant throughout nature and is comprised of a wide variety of microscopic fungi. Due to its nature, the potential for mold infestations cannot be completely eliminated. However, PSI offers a wide array of professional Moisture, Waterproofing, Roofing and Indoor Air Quality/Mold Consulting services that can help minimize the likelihood of future occurrences. PSI is interested in discussing these service options with you to suit your specific needs and project objectives. If requested, PSI will submit a proposal for these additional services under a separate cover for your review and authorization. Authorization To execute this proposal, please sign and complete the Proposal Authorization and return one signed copy of this proposal to our office. We will proceed with the work upon receipt of written authorization. PSI will perform the work In accordance with this proposal and the attached General Conditions, which are incorporated into and made a part of this proposal. The client acknowledges that mold is ubiquitous to the environment with mold amplification occurring when building materials are impacted by moisture. Client further acknowledges that site conditions are outside of PSI's control, and that mold amplification will likely occur, or continue to occur, in the presence of moisture. As such, PSI cannot and shall not be held responsible for the occurrence or reoccurrence of mold amplification. PSI's scope of work for this project does not include the assessment of mold or Indoor air quality conditions. PSI appreciates the opportunity to offer its services to the City of Sanford. If there are any questions concerning this proposal, please contact the undersigned. PSI will proceed with the scope of work upon receipt of a signed copy of this proposal. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Stephen Ungaro Cate M. Landry V� Project Scientist/Principal Consultant Department Manager — Environmental Services cc: Jeremy R. Jernigan, CSP, CHMM, Florida Licensed Asbestos Consultant No. AX73 — PSI PROFESSIONAL SERVICE INDUSTRIES, INC. RESOLUTION Pursuant to the authority given to Garrett Smith, Assistant Secretary, by Professional Service Industries, Inc. (the "Corporation's Board Resolution dated March 5, 1990, the following resolution was passed at a formal meeting in Oakbrook Terrace, Illinois on the below date: BE IT RESOLVED, that John Pulsifer, P.E., Executive Vice. President of the Corporation, in the normal course of his duties and responsibilities as assigned by the Corporation, is empowered to execute in the name of and *on behalf of the Corporation contracts for professional services with the City of Sanford, known as the "Organization". BE IT FURTHER RESOLVED, that the foregoing authority shall be and continue in Rill force and effect until revoked or modified by written notice. Said Organization is hereby authorized and directed to at all times rely upon the last notice received by it or any resolution as to the foregoing authority when such notice bears this Corporation's Seal and is signed by one purporting to be its Assistant Secretary. AND BE IT FURTHER RESOLVED, that the Assistant Secretary of the Corporation is authorized to certify under the Corporate Seal of the Corporation, and said Organization is hereby authorized to rely upon such certification of the Assistant Secretary of the Corporation until it is formally advised of any changes therein by a subsequent certificate and under the Corporate Seal. IN WITNESS WHEREOF, I have affixed my name as Assistant Secretary, and have caused the Corporate Seal of Professional Service Industries, Inc., to be hereto affixed, this 15th day of February, 2011. Garrett Smith Assistant Secretary PSI -11 -491