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2007-029 SFRN Proposal for Earman River Permit RenewalRESOLUTION 2007-29 `~ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM SFRN, INC. TO AUTHORIZE ITS SUBCONTRACTOR ARCADIS G & M, INC. TO PREPARE AND SUBMIT A WATER USE PERMIT RENEWAL FOR EARMAN RIVER WITHDRAWALS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, SFRN, Inc., the Village Engineer ("SFRN"), has submitted a proposal to prepare and submit a water use renewal permit for the Earman River withdrawals relating to irrigation of the Golf Course and other public areas; and WHEREAS, such services will be performed by Arcadis G& M, Inc., a subcontractor of SFRN, on an hourly basis with an amount not to exceed $8,500.00 payable from Accounts L8070-49910 Country Club Contingency ($6,800.00) and A7321-33190 Street Maint. Professional Services ($1,700.00); and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby approves the proposal submitted by SFRN, attached hereto as Exhibit "A" and incorporated herein, to authorize its subcontractor, Arcadis G & M, Inc., to prepare and submit a water use renewal permit for Earman River withdrawals at a cost not to exceed $8,500.00 payable from Accounts L8070-49910 Country Club Contingency ($6,800.00) and A7321-33190 Street Maint. Professional Services ($1,700.00). Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 22nd DA~C (Village Seal) ATTEST: ~- `'~ VILLAGE CLERK ~. ~.`_~ F r ll'~`iC. Engineers Surveyors G1S Mappers ....,.. m Shalloway Engineering Via E-mail: ccangianelli@village-npb.org Charles A. Cangianelli, Chief Building Official Village of North Palm Beach 501 U. S. Highway #1 North Palm Beach, FL 33408 X. Daaiel Shallowoy, P.f. Gory M. Rayman, P.S.hl. Worren R Newell Brianl. IafAo~le, P.f. Keith B. lockson, P.E. tisaA. Tropepe, P.f C. Andre Roymon, P.S.lt, G.i.S.P. .._. January 29, 2007 Re: Village of North Palm Beach Golf Course Water Use Permit Renewal Application SFRN Project #03045.38.01 Dear Charles, We are pleased to offer this proposal to render professional civil engineering services for the permitting submittal associated with renewal of the existing water use permit for irrigation of the golf course and other public areas to be located at the Municipal Goif Course in the Village of North Palm Beach (hereinafter called the 'Project'). These services will consist of preparation of permit submittals as set forth in Exhibit "A" which is attached to this letter. These services are also referenced in Arcadis' Purchase Order Proposal No. 06.0549 -Task 3 only. This proposal is based on working with a subcontractor, Arcadis G&M, Inc., who will serve as the hydrogeologist. Tam Tessier, P,G., wil! serve as the project contact through SFRN, Inc. Their services as set forth in Exhibit "A" will be provided on an hourly basis with a not to exceed amount of $8,500.00 without prior authorization, based on the fallowing distribution of compensation: 1. Prepare application and submit for water use permit renewal for Earman River withdrawals (Arcadis). $8,500.00 1-24-07 Water Use Permit Application SFRN lt03045.38-Page 1 1201 Belvedere Road, 4Yest Pn1m Bench, ft 33405 TEI: 1561) 655.1151 fAX: (561) 837-9390 E-,',~ai1: info~strnlnc,coru Oflici,7i !'Jehsite: ti~,~r.sfrninc.com The total fee does not include the payment of any governmental agency submittal or processing fees. The cost of printing, reproduction, long distance telephone calls, facsimile, mileage, and postage are included in our fees. This proposal and Exhibit "A" represent the entire understanding between you and us in respect to the Project. If this satisfactorily sets forth your understanding of our agreement, we would appreciate you sending us the standard purchase order agreement. Sincerely, -~~ _} r Keith B. Jackson, P.E. Vice President KBJlthw Attachments: Exhibit "A" Arcadis Proposal No. 06-0549 c: C. Sorensen, SFRN 1-24.07 Water Use Permit Application SFRN#03045.38- Page 2 EXHIBIT "A" PROJECT: Village of North Palm Beach Golf Course Water Use Permit Renewal Application SFRN Project No. 03045.38 ENGINEER'S SERVICES: Task 1: Prepare and Submit a Water Use Permit Applica#ion Arcadis will prepare and submit an irrigation water use permit application for renewal. Although the current permit does not expire until 2007, we advise that a pre-application conference should be set up soon so that the Village and South Florida Water Management District know what information is needed and available. Arcadis assumes that maps showing the irrigated areas and the locations of facilities will be made available. Arcadis anticipates performing a hydrologic analysis to establish if sufficient water is available in the C-17 Basin (Farman River) to satisfy the project demand. Arcadis will respond to one (1) request for information, to the extent that the information was made available to Arcadis at the time of the application. 1-24-07 Exhibit "A" Water Use Permit Renewal Application SFRN 1103045.38 -Page 1 ARCADIS PURCHASE ORDER FOR PROFESSIONAL SERVICES S:)b;°CY: Hydrogeatogic Services for Uo}f Cattrse Tr-igatiatt 'Vil(ave of North Palm Beach Golf Course Notrth Palrn Beach, T'lorida ARCADIS Proposal No.: Ob-051.9 Pt.IRCITASE ORDER between SFRN, inc., ("Client") anti ARCADIS Gc4~M, Itte. ("ARCADIS") dated October _, 200b. Pursuant to the fotla«jing tertus acid conditions attached. to this Purchase C)rcler, which are incorporated herein by refcrettce, AI:CADIS agues to diligently perfat7~a professional consulting services and prat}tzce the tlelivurables, describes} in this Agreement attd all exhibits hereto for the proper completion of the Scope of «~ork. ARCt~.DIS steal( faithfully perfortm tlie. scope of services under this Agreement in accordance with standard of'care, skill, training, di(igencc: and judgtme~tt provided by competent professionals «rha perform work of a similar nature to the work described in this AgR•eement and any Work Authorization. Clieizt agrees to pay for the Services performed by ARCADIS ut accordance with this Agreement. BACKGROUN© The Vii}age of North Palm Beach (Vil}age) desires to find a loc,~ation for alt irrigation supply well to serve as a backup to the eaistutg surface-water supply fi°ont the Eatxnatt River (C-17 Canal). "1'!te Village's u~'igation ~~rater use pernit n4eds to be modified to include the prospective }rrigatiort supply well. In additiau, prior to early 2007, the Village steeds to renew its }rogation water use pernut issued by South rlarida Water Management District (SF1AT~fD). "Che North I'ahm Beach C;ountty Club is located on a peninsula with salty rvatar ai 3 sides. It is likely il~at salty water lies beneath ttte golf course tiiritl3in the Surficial Aquifer. 'T'herefore, the potential exists far dte upward movement of salty grater into a pumput well attd the thickness of freshwater shoulcT be determined, Also, to satisfy the full daily irrigation demand fi•om ,~t siitt;le well, a higl~t capacity welt will be rtec;ded, so testixtg is recommended. SCOPE OF WORK `h}te fa}la~,rirtg tasks are tutticipated to accomplish these objectives Task 1: trrigatiatt 1"Jetl Test F~arinc~ 7`he Village has indicated a preferred locatio^ far the (backup) irrigation supply well. ARCADIS will idezztity a driller who will instrtll a test boring. As the baring is advanced, the driller will obtain soil eamples using split s}~aons, wash borings, augers, etc., as al.~prapriate. 7"he boring wit} be installccl to the depth limit of the equipment ar to refuse) (rack), ~~~hic}sever occurs first. The driller also tivitl perfcrrrm testing and collect water samples at selected intervLtls. The baring will be advanced until bedrock refusal, or until the water is brackish (tivhichever conies Trst). ARCADIS staff ~4rill be present during the installation of the test baring in order to examine the soil samples and prepare a geolo;ist's lag, obtain water samples for field and laboratot}r analysis, and to collect data durutg testing. ARCM;)IS will review and analyze the data., and recamtnend a backup well c:Fo_r.:,hPe'meta:Y.PraYZ~`sF~r-en<'.M~jF~rxam3~tr::•.:ci'r:,.~P~•n~:.,;+,cc:vr^zi~~~rc~~s~rr~;,~,<u~PO-~a~arsan,: P2ge 1 of 7 desil;n and screened interval. If necessary, AI.~CAll15 will prepare and submit to SF~TJI~~D art application for water use perrnit rnodif fcatiort. "I~he application will contain an explanation of the need for a backup well. A.n irt- depth ltydrogeologic analysis is not arttcipatcd to 6e needed in order to pexrnit the backup well. Task 2: In•tgation 1~'Vett f3asign and Construction A:tiC:'ADIS will prepare a tecfutical specification sufficient to altow the Village to advertise and bid fctr• the constnictiort of a (backup) irr7gatiorr supply well. These earl be included with the Vitiage's standard set of bid cfocumerrts artd ;Wade available for bidding. AItCADIS will be present to receive the bids rtrtd tililt rccarttmertd award to the most qualified bidder. AltCADIS will provide consh2ictiou adntirtistr•ation artd hydrogeologic services du:ing consh~retion of the baclctrp in-igatiort supply well. IIydrogeologic servir.,es inrlude the presence of a geologist or engineer drtrirtg critical phases of coush•trction (pilot ]tole drilling, casing and screen installation, ti-ell per-forYnance testing, sand content testing artd periodically during development). At the completion of construction, ARCADIS will provide a technical rnemor~+~tdurn describing the well construction process, testing procedures and results, and as-built well details. T}te Client and the Village of North Palm Beach should be; aware that the progress artd successful completion of a t~~ater-supply tvetl is highly dependent upon subsurfzrce conditions and the speed, slcil} and experience of a Water 1t,1e11 Contractor whose work is beyond ARCAllIS controt. Purttter°, due to cur•reut market conditions, the availability and interest by 1'Jater° Welt Contractors in bidding for• a small municipal water well contract is poor attd it Wray be difiicutt to attract qualified bidders. identifying a Contractor thratrgh the State's "piggyltack" prograru Wray be ast option to consider. Task 3: Prepare and Submit a ~Nater Use Parrott A[tpttcation ~1RC11llIS will prepare rind submit an irrigation water use permit application for r•enew<rl. Although the current permit does not expire until. 2007, eve advise that apre-application conference should be set up snort so that the Village and SI'WMD l.now what is infi~r-matian is needed arttl available. ARCM-)IS ~~LSSUmes that maps showing the irrigated areas and the locaticsns of faeilitics wilt bcs made available. ARCAll1~s anticipates perfbrrnirtg a hydrologic analysis to establish if sufficient water is available in the C-17 Basin (Farman. River) to satisfy the project demand. AItCA~llIS will reslaontl to one request fctr irtformatiorr, to the extent that the infc>r•rttation was made available fo AItCA[:)1S at the tune of the application. ~vor~ P,.~: s-era,~,,,:,~sr-tzrt-sn~~:,.ayPo,r:,;,~~srn~,.c oruhFam6 .cncc~sa:,~te>>~~r~33,nnr+~xio-tb<veoe Pag~2of7 AR,,.~J.S Proi~s~}Co-05s ESTIMATED FEE The estimated fee to complete the above scope of work is $~7,ddd, including hourly fees and reasonable expenses. A fee breakout f'ollou~s: "['ASK GENERA.I. SC(~l'E FI:E 1'L7[i:['OSl I Qver-sight during insttitlation of boring, X7,500 Coitstn~ct test boning for future irrigation perform testing; and submit. water use well permit modihcadoit request 2 Desigit irrigation well and specifications; ~2I,d00 Construct backup inrigation well provide services during coiLS171ictic:m 3 Submit water use [terntit application for 4;S,SdO Sectn~e water t~se perittit renewal Actual fees will be invoiced on a time-and-expe~tses basis in accorda~tce with the fee sched~~Ic established in the S~FRN contract with NorCh Pafm Beach. T}3e fees az-e estimated only but ARCADIS will invoice hourly fees for services on a "not to exceed" basis. Please be advised that AItCADIS 4vilt make every eflbrt to keep the fees to a mutintum. 1-Ionlever, if unforeseen conditioT>,s occur that ~,voti}d cause the fees to increase, t}te Client will bo notified as soon as possible of the conditions and the estimated fees. SCHEDULE Tlae work is anticipated to begin upon iteeipt of the signed Purchase Order. , SFRN, Inc. ARGADIS G&M, Inc. 13y: 13y: l'r~ttai l-~I. Stirm 'I'itlc: '["itle: Area i\~<rraager [}ate: Date: ()ctob=„r , 2d0Ey ["Che rcntairuler ol'titis page is inicntionally iefl blaatk~ c;.ur 7aa „e ~«>F,,,• rRa-sr. , ._,~-,Sr.-.~ ....;>r~oT,ecac~rcc.•:?ar.::rcc~rsB.R~~ra;~~ora-fevaa.: Paga3of7 ~u~cia~s~ ~a~c~~~ ~-~~ms ~,ra~ corvai~~iar~s 1. Ghangos in the Work. At arxy time zfier execution of this Agreement, Client nary order chazzees in ARCt1I31S Sen•iczs consisting of additions, dcletiotts, attd rr:visions wiEltin the general scope of sen•ices being lzerfarmed by ARCADIS under this Atireentevt and/or any applicable ti\'orl; llutlzorizaiions. 1\'heuever a change iu ttae scope and,'or time for perfanzartcc ofser~ ices occurs, or if Client izas notified ARC. ~DIS of a cbxrtae, AP~CADIS shall submit to C:tient a~ csiirnate afihe c}zarrges in cos( aced,/or schedule, with supporting calculartions and pricing, Pricing shall he in acarrdarzce with the pricing of this Agreement. 2, Termin2tion of Agre4mt3nt }Wither Party entry terrzrinate this Agreement and any associated Rjark .4utharizations without cause andlar far eenvetrience after giving five (S) days ++~itten notice to t}ze other Party. Iiatvevcr, ARCADIS shall net have the right la terminate this Agreement, without cause, prier to completion by .4RCr1DIS of ail Senices reyuired under the .;grccrttent. Irz the event Client tetminatcs ARCADIS services +vithtxrt cause arzdtar far Cticvt's corrveaiencr:, Client shall be liable to ptamptIy prey ARCADIS for cell trarC; pez-fttnzrcd ttzrough the date of trnnirzrztiozr, ati of ARCA[?IS e~prnses directly attributable to the termination, including fair and reaswrable suzus far work p,rfarnzetl, and ca=ts iucurrrd by AI2CADtS in terrrtiuating any contracts rrrtcred into in cazutection with tlt4 perfarntancti of its Scn•ices. 3. Use tf Documents. It is mrdrrscoad taxi agreed drat elf documents prepaid pursuant to this Agreement are the product of professional sen•ices intended for one-time use in the F'raject that is the subject of this Agicnrevt. Suclr documi:uCs are and shall remain the property ol'ARCADIS, and they are not irztcuded or represented to be suitable for re-use by C)tvuer ar others on eartensions of ilzr Yrojeet or an any otizer project. 'lire Owrrer may retain rnpics for ivfor_nation and retercnce in counccNon tt•itiz the occupancy and use of else Prt~leet. Azay tt°ritfen verification ar adaptation autiroririd or pcrfonncd by AI2CAf)IS will entitle ARCAf)IS to adaitiozzal eantpensatiozz at rates to 1>E agz•eetl upon by AI2CAl)1S and else C)nner. 4. Lit)litaf on tat Liability. `the total liability, ni the aggregate, of ARCADIS and its dire tars, afticers, or enzployecs, curd any of titent, to Client or anyone claiming by, under or tlnougtr the Client 2c~r any acxi a}1 injuries, claims, losses, e?:penscs, and dama5es xhatsorver arising out of or iu any way related to ARCADIS Sin=ices, shall be limited ro ilze insurance coverzgc provided antler this rzgreenzertt. Na other guarantee cx v;turanty, express or impiictl, is iutentLd by dtis Aeretrntnt. fhc Client and ALC;ADIS waive incidental, indirect, or cansequtnhal drauttc~cs, lass revt~ntzes ar pmiits from ciaiuts, efispates yr other matters $t yuestit>n arising out afor retatinkt to this Agreement, whether such elrzinzs arise fratn u„ ~lis;once, breach ofcontract> or strut liability. 6. Payment Torras. AI2C:~'1DIS slzrzll uzvuice C'Iisnt fire Sc:rnices iv accordance: with AI2C:AI)IS standard invoicing practices. ht+•c+ices reset. dne and pa}tzble an receipt and stzaultl he r:ntitts;d by etreek ar wire u:uzsfer aI•inxmcdiatcly avulahle funds. If CGextt fails to retake 7ny payment due ARC'.4DIS for scrvicz•s anti expenses witluu Urirty (30) days tzYtr rrrsiirt of urvaice, the anraunts due ARCri1zIS will be incrc:csrd at the rate of 1.S°ia her month {or the max.inzunt rue of irztcresi pcnnitted by Saw, if less) front accatznts not paid within thirty (30) days. If Client reasonably objects to any portion of an invoice, Client shall provide:\ritten notification to ARCADIS ofClienYs objection and tfze basis for such objection within fifteen (i S) days of the date of recx;ipt of the invoice, C'lfevt shall not offset amounts due ARCADIS trader a \Vark Authorization for eery credit ar disputes arising under a ditli~ren[ \V'ark Aruharization. hr the event of litigation or other prcaceeding to enforce perfomtance of this Agrcenreut ar any payment obiirxatian under this Agreement, the prevailing Frut}= strait br entitled to rect>rer front itze otizer Yuiy attorneys' fees and costs as may be reasoztablp incurred by reason of t've litigation. fi. Inc,Ut~nGt3 2. Insurance; Consultant shall deliver to Client a certifitaie of insurance evidencing that Cousultaztt has obtained, at Consultant's expense, the fallowing irtsurarue covera~,e 5 i.n t:he follo+ving amounts: (1) \Vorkers' C'ompcusation tnsurance in an arztatuzt not less thruz that prescribed by late; (2) Comprehersive General Liability insurance on a broad-form occurrence basis with a limit of 52,000,000 per accturrnec and 5?,000,000 aggregate; Consultant aggress to maintauz 52,000,000 of urnbilla habi.lity;(3) Profcssianaf errors and omissions insuranec with a limit of 51,000, 000 per claim an a claims made basis; attd (4) Autamtxbile hattility insurartte (etyned, nun-otvneA ruzd hired}, including persaua! injury and property d33mage, tt~th a tunic of 52,000,000 earnbived single tinzit, Consultant represents that it te•ill rnaintaiu ttre insnranca speciiied alxxve as a# the effective date of this Agreenr: nt itrrour~hout the duration ofsuch Agreement. Cousultaxrt will promptly notify C'heni in writing ofrury rr:aterial chtuzges in Consultant's insurance coverage. b. Certificates acrd Notices; Each insurance policy obtained by Consultant, described in subparagraphs (1), (2), (3j and {4}above, shall (i) contain a clause that the insurer mill provide Caicut with at Irtrst 30 days prier to tvrittcn notice of any ntatenxl change ar e,zucellation ofthc przlii;y, end (ii) indicate drat it applies t+rith resp;^ct to else activities to br pcrfiannetl render this Afrccm~,zt. Math insurance policy si><all be whir a rputable instu;tnce comlrany reasonably acceptalrlr to C"lieut. A certificate {ore fire standard AC"t')Rl) form and isstzec3 by an authorised represc:utative of the it> user) evidcncuzg size covcra;tc n,rder tacit policy shrill be delivered to Client pziar to couuuenccmcnt ofSrnices under this Agrccrnrnt. a Rieht toC)btain tnstzrartu:: lfarxy uzstrraxtccpulicy7ryrzired ender 8tis Aycenzcnt is scheduled to expiry durinf; the teen afthis Agrrcnrcnt, Consultant shall, at least i0 da}•s pritx to else expiration date, provide Client with a new cz.rtiFcatc, wizich complies frith the rcquiremerrts irz prrragraptr 6(a) above, evidencing that the insurance policy Iran be,.n renctvtd or rtttritteu by au acceptable insuranec company iu tfre required amounts. c.s r vp% e z.,. ...tir.c-_,r.~;r:,era.,.;,..sr.~,..:,mr•4„rt._:sec.aac;crecors>i,:~>~,~roaazo.csdx Payo4af7 Shptald Consultant at ruay titrae neglect pr refuse tp provide arry of 7. Special Conditions. SPECL=Ii. A-Nt.) "I`ECFTI~TiCAL [he insurance teyuired by this Agn:enaeat, or should tyre insurance CONDITIONS arc included as f.XHI13Ct' A of this A~Teetl2ent. be canceled. Cfier.! shsll ha~>e tlae right, but arot Utc oU1ic_ aticru, to terminate Uric Ac~rrcment. ['Life reittau?der of this pl~gc is irtteaitionafly left blank] ~:,+*,~r~pa~~~,6:-n «;~::•>.sr~zn-se..:a;;=~;F~.~,ma.,at:_.:f.r:,tae:,;~©r.<ticca;gar,.~rco~,.,ir,:,,•~.,nro.iaroos.a.x P2ye5ot7 sJzrao s r.,, , c~ assce CXN1131T A Sluciat and Technical I''r~visians 1. SITE CONDITIOr~Is ARCADIS shall not be Liable far: (i) damage or injury to any subterranean structures (including, but clot lUrrltL'd CO, utilities, maurs; pipes, tanks, and telep}roue cables) ar any existing subten•anean canditions; or the consequences of such damage ar injury, if (with respect to this clause (i)) such strucrirres ar conditions were unknown and were not identified or sho4an, ar were incorrectly shown, in information ar on plans ftrrnistred to ar obtained by ARCADIS in connection with the Services; (ii) cancealed conditions encountered in the perfomrance of the Services; (iii) concealed or unknown canditians in an existing structure at variance with the conditions indicates] by the Sco~ae of Services ot- trVork Authorization; or (iv) unknawn physical conditians below tlae surface of the ground that differ materially &orm those ardurarily encountered and are generally recognized a.s inherent in work of the character provided under this Agreement provided however, that any such liability, damage or loss otherwise covered by taus paragraph is rtot a result of negligence on the part of ARCAI7iS. Client shalt provide to AKCADiS all plans, maps, drawing and other documents identifyirra the location of Any subterranean structures on the Site. Friar to location of any drilling or excavation. betow the ground surface, ARCADIS slra[l obtain the concurrence of the Client as to the location far such drilling ar excavation. Should: {i) concealed conditians be encoun#ered irr the perfonrance of the Services; {ii) concealed or tntlcnown canditians irr an existing struchrre be at warlan4C 44'!th the conditions indicated by the Scope of Services or 1Vork Authorization; or (iii) unkno4vrr physical conditians below the surlirce of the ground differ materially form those ordinarily encountered and generally recognizesi as inherent irr 4vark of the character larowided under this Agreerrrerrt; then the amaurrt of this Agreement and!ar tithe for performance shall be equitably adjusted by change order upon claim by either Part}=made within twenty {20) days after the first observance of the conditions. II. ENVIRC7NMENTAL AND HA7_ARDQUS MATERIAL RELATED WQRI{ (t) In the event the services provided hereunder by A~C'ADIS call for the dislaasal of wastes (hazardaus, non-hazardous or solid under applicable laws and regulations), the ~varl: shall be performed m conformity with all applicable laws and regulations. Client shall execute atl matifests for the tratrslaortatiarr, storage. and disposal of any wastes removed Pram the Site or Property. If directed by the Client, ARCADIS tmay sign such manifests solely an behalfof and for the Client, and ARCADIS assumes uo liability therefore and Client releases and waives any claim against ARCADIS and shall indemnify ARCADIS front any claims or liability arising fram or related thereto, in accordance with paragraph 3., below. Client shall provide to ARCADIS all plan, maps, drawing and oUaer documents ideutifyirig the location of any hazardous materials an or suspected an the Site. (?.) At no time will ARCADIS take title to any solid audlor hazardous wastes }acatcd an or removed from the Site ar Property. A1~GADIS shall provide to Client with at least hva independent bids for transportation and disposal sites acrd arty such wastes shaft be transport~.,d and disposed of as directs:d by C[icnt and in conformity with all aplalieable laws and regulations. Nothing in this Agreement shall be cotrstnrcd or interpreted as requiring ARCADIS to assume the status of, and Client aekna44rledges that ARCAI3lS does not act in the capacity nor assume responsibilities of, Client or others as a `generator,' `operator,' `transporter' or `arranger' in the treKrtnrcrrt, storage, disposal or transportation of any hazardous substance ar waste as those terrors are understood within the mrezuri~rg of the Resource C'anservation and Recavc<ry Act (EtCRA), Comprehensive Invirantuental 12esponse, Compensation and l~sability Act (C1RCI,A), or any other similar federal, state or local law, regulation ar ardinattce. C:Iiertt aclnowledues further that ARCADIS has played no part in acrd assumes no G19~1rc hP2.TE2:~Fo ,.,t.SF'rJJ Sh3">rcaY Fu, Ra~rr.~n5t-nc"iJ~;V~P'~nBtsch Cu.'7=2-[:a't C~c.~~~sd lrr`p-:on P0-f0-1D{rS Nnc t~aQg tj Or7 i 4C?,D,S Pt ~~ t.. fG~OS3t9 ~Y,HI~IT A Special and T~chnicat Ft^oviai4na responsibility for generation or creation of any hazardous waste, pallntian condition, nuisance., or chemical ar industrial disposal problem, if any, \vhich may exist at any site that may 1-~e the subject matter of this Agreement. ARC'A:UIS, a8er carrrnrenccment of Services, to the. extent of its actual l:no\\'ledge shalt notify Client upon discovery of nary hazardous ar toxic hazardaus substance or conditions whictt may require handling, treat~neni, rernova) or disposal, ar \\~hich pose or may pose a danger or r'isl to tha warl.. (3) Client shall defend and indemnity ARCADIS from and against any and all demands, claims, liabilities (utcluding strict liabilities), losses, costs, expenses (including attorneys' tetis), fines, penalties, forfeitures, liens, and damages an aceorutt of ARCADTS's having contracted \vith Client in co~urectic~n \vith investigation, cleanup, liandliirg, rerrtoval, treatment, storage, transportation ar disposal afany regulated sulistances or hazardous or toxin \~'astes at any Site or sites, or arising froth ar related to any existing eontantination or conditions of fire Site ar I}roper•ty; or that result froru ARCADIS having azranged for fire disposal ar transportation of hazardous nr non-hazardous wastes chat were located on, removed from, ar generated by Client from ttte Site. Client shall not be liable to the extent that any such liability, lass, damage, cast, ar expense results &otn an act of negligence or \villful misconduct by ARCADIS or its subcontractors. u':19D t:oihPe':nfirt~n~ ropcsa:.SFP.ti-Shs`b.:~r:oiFL-1rey+ndltaae"1.b-LtPa'm8eahCC`;:=`i+rioYCOLLlYHIrtgk'~,~PO~70-iG-03.dec Pagel of 7 RR.:AD'a^ PrcF.•;.at OS-G53~y :1~-1t6-'G6 12: j~5 FF:0~9-k)YC?~t~IS-U5 i56~.ti577:1U~ L~Vt:R 40 YRS. EXPEfii[NCF ~ ~~ 2" - 12" ti"/t:Lt.5 F,i:r)E~r:taTV~t- ~ CQ:4~h[F~C!At. It:rJtJ5TR1.RL ~ GHC3UTIf•1Ci • ACIfSIZING ft, STAiE LIC'=tv'SE 175E 7'~t~~6 PC~C~210~2 F-~37 ~tlr.~~~ JF_T CEr`TRIFU ~~1. TUA[ith:f StJ[?hiEASiBi_F Repaired ~ histaQed PHgRE (S61)'775-3$55 Fl~X {561) F.22-4053 BB3G t t2Tl-t TERFtAC(= NbR7h ,_...~-__... .._._._il__.____.... PAt.R9 BEACH GANUl;h4S, FLORI[)A 33Q 12 NAME !ADDRESS ~ DATC-~ 10/1?/aUU6 ~ ~ ~"~~ ~ ~'~~ AS'Gf1C115 Cic'~1Vt, I~lc. `_+.~~-.,._~~. - 712 U.S. Irlghw~y ()zic• Suite 20U North Palm Beach, 1~:G 334U8 Attention of'Tom '1'c:csier ---- _...._..___._ _ Nti~rth t'aim uc.~ici~tioii'Gnnrsc DESGt~IPTtO~! ~ ~ . Q1^Y GOS'1' 1'O`CAt_ . . 2" 'P'est Vdell / Elpproxitnalely 12U 11;. _ ._.._... __.__ Drill 12U lO.SU I,26U.UU Collect drill samples for production well; Collect w~;iter samples at 2U ft. intervals a? 2U il. 5 25t}.UU 1,2SC).()0 inter~~als Samples to tie tested.. tivitll Hach Kit and 'l'DS I•~leter or vy others at owner's expense 1'a4~n Beach County l-Iealih t~eparlinenf I'ennifi For IUU.tIU iUU.UO "['es~t uTel! to be at)andaned ~~7 ~ t+.tP~T~ Z~ t--~ TtJYA~, X2,~ 1 t).Ua TERMS i~7et 3U ~ 51GN/~7URE