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HomeMy WebLinkAboutAgreement_General_05/28/2008ARCADIS U,S., Inc, SHORT CORM SURCOIVTRACT AG'REEME~T Under ~25,Oi~0) ACRF,EMENT N~. ARCAnY~- i PLEASE INCLUDE SUBCONTRACT AND ARCADES PROJECT ARCADIS PRQJECT NO:RF445145,4000 NUMBERS ON ALL YNVO~CES AND CORRESPONDENCE: CLIENT NAME: VILLAGE QF TEQUESTA PRIME (CLIENT) CONTRACT NO.; lA t ,~ ~ ~ ~:. a r TYPE OF SERVZCE~S) T~O BE PERFQRED ~[C'heckAll J'hat~ppIy]; ~~ MAIL INYQICE'TO: ^ Ethical Business Practices Provision 4Non-U.S. Work)(include ARCAI3IS i.l.S., Inc. Schedule I.} 2081 Vista Parkway ^ Consulting West Palm Beach, FL 33411 ^ Cansttuction (include Schedule F) ATTN _Thomas C. Jensen, P.E. ^ Drilling' andlor Geaprabe include Schedule G) ^ Laboratory (include. Schedule H} Telephone No. 561-697-7065 ^ Surveying {include Schedule I} Facsimile No,: 561-697-7I 93 ^ Utility LocationlClearance (include Schedule G} E-mail Address: t~tn.~nsen~arcadis-us.com Qther:Su-bmet~~ R~saurce St~dX o~F ~. YOUR C~IVIPENSA.TYON FOR Tl•IESE SERVICES SMALL BE ON A; ^ Time ~ Materials; ^ CastPlus Fixed Fee of °lo; ar ^ Unit Pt~cing Basis. as set forth under Schedule B with a maximum oat to exceed amount of $ ($ } authorized to caner these services, Yau shall not incur charges in excess ol'this amount without prior written approval from ARCADI S~ UR ~ ~ a Lump Sum basis. If Lump Sum, a Fee of Four thousand five hundred dollars ($4 5~00.Q4} is authorized to cover these services. :~ , .Target Start Date: 4 , Rewired C,a~p'Ie+don Date: May 3~, 2Q48. ARCADES ~xo'ect M~~arc ,,.. .C, Jensen, P.E. Thomas. ARCADYS,Area Mgr. l PAC: Thomas C'. Jensen, P.E r.. SUBC(~NTRACTR ~iAME +~i ADDRESS ~F"LEASE PRT~~TT); :.. - • ~ A~4DI~'ISSU~NG OFFICE Environmental Services, Inc. ARCADIS L1,S. Inc. 1410 Park Lane:South, Suite l 2481 Vista Parkway Jupiter, FL 334$5 West• Palm B~ch,~FL 33411 ATTN: Mary~indgren ATTN: Thomas C, Jensen, P.E. Telephone.~Vo, 5G~1-743-5141 Telephone No. 561-697-7465 Facsimile Na,: 5.61-743~54'4I Facsimile:No.: 561-697-71.93 E-mail..Address: ~ lind ren , c E-mail Address; t .:`~s's arcadis- s.• - . ARCADIS and 5 .P . UBCDN'~`RACTDR desire that SUBCONTRACTOR crfarrn the services described in this Agreement. SUBCONTRACTDR represents that it possesses the necessary skills ,and experience to provide the requested. Services ("the Work" or "the Services"}and agrees to perform the Work ar Services as rewired by the terms and car~ditiot~s p f thi:~ ~. reeanent:. 'This ,~.~~Enieflt shall consist Af the f4iloin :daCUn3eIIt51f desi ~ ted as attached or a~ierwl3e attached. herek4: ~J ~ a-CREEIVI~I~1T for Su~cortractoi` Servtces _ SCZ~~II~LE F~: Special Pi'ovisians for La~aracary Services ~ SCHEDULE A; General Provisions ^ SCHEDULE Y: Special Provisions for Surveyors B SCHEDULE B: Sc~pe'of Work !Basis of Compensation f Rates f Schedule ^ SCHEDULE ~: other ~ SCHEDUL•E C: Minirr:um Insurance:Requirements , ^ SCHEDULED: Prime Contract Terms & Conditions (Flawdowns}• ^ ~~i~IBIT 2: Release ofLien Fnxm ^ SCHEDULE E: Special Provisions-other (if any} ~ E~HYBJT 3: Subcontractor's duly authorized and compliant ^ SCHEDULE F: Special Provisions far Contractors :Insurance Certificate ^ SCHEDULE G: Special Provisions for Utility Locators, DrillinglGeoprobe ^ EXHIBJT 4: dther: Excavatin ~ :and Intrusive Services • This Agreement for Subcontractor Services ("Agreement") •s made this day of~, 24108; the "Effective Date"}far goad and va~uale consideration • (the receipt of which is acknowledged}. This Agreement may not ~e modified without the express written consent of both parties and shall be binding upon and inure to the benefit af.the re ective su~ccessors,and assi~~ gas of ARCADIS and SUB~(JNTRA:CTOR. i ..... .ti. ~ l .r :. .• ~ ~.. y.. ,.. ~.. Hy: r By: ~ ~~ - r '~ ~Sigr~ rc of ly Authari~er3 Represerta~ive) _ -- Si ature of duly ~ rized Representative} Name Printed: Tho • J P.E _~,.~ Name Printed: a ~~ r r~ Title Printed: A iota V"i Presi nt Title Printed: Divi •iar~ Mona er - E~plo ARCADIS AGREEMENT F4R SUBCUNTRACTUR SERVICES 1. WORK 1 SERVICES. SUBCONTRACTOR shall diligently perform all services, furnish all labor and materials and perform all tasks necessary to produce all of the deliverables required and perform all of the Work reasonably implied or inferred under the terms of this Agreement, its Schedules and Exhibits, as well as all other documents attached to or incorporated by reference as farming a part of this Agreement. SUBCONTRACTOR shall comply with all applicable laws and regulations of any governmental agency having jurisdiction (including any requirement to obtain and maintain any permits, licenses, ar approvals} in order to complete the Work. Time is of the essence in the performance of the obligations created by this Agreement. SUBCONTRACTOR agrees to commence and complete the Work in accordance with any schedule incorporated into this Agreement, or any schedule submitted by SUBCONTRACTOR and otherwise accepted in writing by ARCADIS; and with respect to any Changes, out of scope or additional work, SUBCONTRACTOR shall expeditiously perform such work according to any schedule therefor agreed to by the parties. SUBCONTRACTOR, its employees, and its agents are not the agents, representatives or employees ofARCADIS,and SUBCONTRACTOR is and shall be an independent contractor with regard to the Services. materials and workmanship for a period of one ~ 1) year from completion and acceptance by ARCADIS (or such longer period of time as may be required by the Prime Contract between ARCADIS and its Client}. 4. CHANGES. No changes to this Agreement and no extra charges will be allowed unless a duly authori,~ed representative of ARCADIS specifically agrees to them in writing. As a condition precedent to SUBCONTRACTOR's recovery on any claim for an increase in the cost of the Work or for an extension of time to complete the Work ~a "Claim"}, SUBCONTRACTOR shall, immediately after the occun•ence of the event which SUBCONTRACTOR believes may give rise to a Claim, give ARCADIS written notice of the claim, which notice shall contain a verified statement that supports the claim and details the estimated change in the Subcontract cast and the time to complete the Work. SUBCONTRACTOR'S failure to provide notice as required by this paragraph shall be a waiver of SUBCONTRACTOR'S right to recovery under the terms of the Prime Contract between ARCADIS and on a Claim. In no event shall SUBCONTRACTOR be entitled to compensation for changes which are not reimbursable to ARCADIS its Client. Any determination by ARCADIS or Client with regard to same shall be binding upon SUBCONTRACTOR. 2. COMPENSATION 1 PAYMENT. (a) SUBCONTRACTOR may invoice ARCADIS after it has completed the Work, or portions thereof, and any required can•ections to the satisfaction of ARCADIS, and delivered in accordance with the terms of this Agreement all maintenance and operating instructions, schedules, guarantees, Bonds, certificates ar other evidence of insurance required hereunder, certificates of inspection, marked-up record documents, required itemizations and other documents required for progress payments. (b) ARCADIS agrees to pay SUBCONTRACTOR within f fteen ~ 15} days of ARCADIS' receipt of payment from Client for SUBCONTRACTOR'S satisfactory Work which has been accepted by the Client. If Client has not yet paid ARCADIS or SUBCONTRACTOR'S satisfactory Work within 120 days of ARCADIS' receipt of the invoice from SUBCONTRACTOR, ARCADIS agrees to waive this condition precedent to payment and will release payment of the invoice to SUBCONTRACTOR assuming all other requirements have been satisfied. Natwithstandingtbe foregoing, ARCADIS will use reasonable efforts to pay all invoices less than or equal to $3,000 within 45 days of receipt. Payment of any SUBCONTRACTOR invoice by ARCADIS shall not be deemed final acceptance of the Wark ar a waiver or any right, claim or defense that ARCADIS may have under this Agreement. (c) SUBCONTRACTOR warrants that title to and ownership of the Work shall transfer to ARCADIS free and clear of all liens or rights of liens. Na payment shall be made to SUBCONTRACTOR without a duly executed Agreement and a valid, current Certificate of Insurance in compliance with this Agreement. Payments made to the SUBCONTRACTOR will include compensation far any and all applicable sales, use, Bass receipts ar excises taxes. (d) In recognition that ARCADIS' client agreement requires the prompt submission of invoices far payment, the parties agree that all invoices must be submitted by SUBCONTRACTOR to ARCADIS within ninety X90) days of the date costs are incun~ed or the scheduled completion date whichever occurs first. SUBCONTRACTOR waives its right to receive payment on any and all invoices which are not submitted within that time period. ARCADIS may set-off or counterclaim against amounts payable to SUBCONTRACTOR, orasserted to be payable to SUBCONTRACTOR, under this ar any other contract, any claim ARCADIS may have against SUBCONTRACTOR, including any failure to comply with any terms herein. 3. STANDARD OF CARE I MATERIALS AND WQRKMANSHIP WARRANTIES. FOR PROFESSIONAL SERVICES. SUBCONTRACTOR shall faithfully perform its services and the Wark using the highest degree of care, skill, paining, diligence and judgment ordinarily exercised under similar circumstances by competent members of the profession which SUBCONTRACTOR practices or industry or business in which SUBCONTRACTOR works. SUBCONTRACTOR agrees to promptly reperform, repair ar replace, at ARCADIS' option and at SUBCONTRACTOR'scostand expense, any service or Work which fail to conform to such requirements or in the event such a degree of skill and care is rat exercised. FOR OTHER SERVICES. SUBCONTRACTOR further warrants and guarantees that all goads and materials provided hereunder shall be: (i} be new and fit for the intended purpose, (ii} provided in conformance with types and quantities specified; (iii) installed by qualified, careful and efficient workers; and, Div) free from defects in 5. INSURANCE. Please See Schedule C. 6. INDEMNITY. SUBCONTRACTOR agrees to indemnify, defend and hold harmless Client and ARCADIS and the dirrectors, officers, employees, shareholders and affiliates of either of them from and against any and all liabilities, lasses, damages, costs and expenses (including attorneys' fees and court casts) which Client, ARCADIS and their directors, officers, employees and agents hereafter may suffer as the result any breach by SUBCONTRACTOR of the terms of this Agreement or in connection with any claim, demand, action or right of action whether at law or in equity) brought or asserted by any third party including, but rat limited to any personal injury including death) ar property damage relating to or arising from the performance of the Work by the SUBCONTRACTOR, its directors, officers, employees, affiliates, lower-tier subcontractors, agents or representatives, SUBCONTRACTOR shall not be liable to the extent that any liability, lass, damage, cast, and expense results from the sale negligence or willful misconduct by ARCADIS ar its directors, officers, employees ar agents. SUBCONTRACTOR agrees to promptly pay ARCADIS all sums ARCADIS may be required to pay in settlement of any Lass on account thereof, including any claim under the provisions of any workers' compensation law or similar law. In the event any IJass is claimed by one party against the other, and the claiming pa~•ty does not succeed in proving the bass, the other party shall be entitled to recover, within a reasonable period of time after demand therefor, all reasonable casts incurred. 7. ASSIGNMENT I SUBCONTRACTS. SUBCONTRACTOR shall not assign any proceeds or subcontract any of the Wark to be performed hereunder without the express written consent of ARCADIS. SUBCONTRACTOR will be fully responsible to ARCADIS far the acts and omissions of its lower-tier subcontractors and of persons either directly ar indirectly employed byall of SUBCONTRACTOR'slower- tiersubcontractors. $. TERMINATION. ARCADIS may terminate this with or without cause after upon delivery of written notice to S UBCONTRACTOR. In the event ARCADIS shall terminate without cause, ARCADIS shall be liable to SUBCONTRACTOR in accordance with the terms of this Agreement, inclusive afthe limitations set forth in the Prime Contract between ARCADIS and its Client, far any outstanding amount awing to SUBCONTRACTOR for Services provided to ARCADIS satisfaction through the effective date of termination. If this Agreement is terminated for cause, ARCADIS may procure, upon such terms as it shall deem appropriate, supplies or services similar to those so terminated. SUBCONTRACTOR shall continue performance under this Ag~•eement to the extent not terminate and shall be liable to ARCADIS for any excess cost for such similar supplies ar services, and far any other costs, expenses, or liabilities incurred by ARCADIS andl.or its Clients} as a result of SUBCONTRACTOR'S default. ARCADIS reserves the right to offset any such costs, expenses or liabilities against monies due to SUBCONTRACTOR under this or any other AGREEMENT. In the event the amount of damage exceeds the balance due to SUBCONTRACTOR, SUBCONTRACTOR shall pay to ARCADIS the amount of such excess. The rights and remedies of ARCADIS set Earth in this Paragraph shall not be exclusive and are in addition to all other rights and remedies of ARCADIS. 9. USE OF DOCUMENTS 1 CONFIDENTIALITY 1 OWNERSHIP. SUBCONTRACTOR shall maintain complete and accurate working frles andlor documentation of the Work, including new data, calculations, estimates, assumptions, logs, maps, drawings, plans, specif cations, diaries, interpretations, notes and calibrations, far a period of ten (lq} years following final payment under this Agreement or until final conclusion of any litigation or administrative proceeding arising under or materially concerning this Agreement or the Work, and shall provide ARCADIS unrestricted access to such items and dispose of them only as directed by ARCADIS. All documents provided by SUBCONTRACTOR pursuant to this Agreement are instruments of service of SUBCONTRACTOR, and SUBCONTRACTOR shall retain an ownership and property interest therein (including the right of reuse} until ARCADIS has made payment to SUBCONTRACTOR for such documents pursuant to this Agreement. Notwithstanding the foregoing, upon termination of this Agreement or at an earlier time if ARCADIS requests, SUBCONTRACTOR will deliver to ARCADIS any data, materials ar information received or generated in the performance of this Agreement. Except to the extent required by law or government order, or as expressly permitted by the prior written consent of ARCADIS, SUBCONTRACTOR agrees not to disclose any third party data, information, or documentation obtained, created, compiles, or prepared (in whatever farm} by SUBCONTRACTOR in connection with the performance of Wark under this Agreement or any Work Authorization issued hereunder. SUBCONTRACTOR and its subcontractors will not use or designate for use in connection with the Work any patented or patent-pending article, method or device which involves or requires payment of any license, fee or royalty in addition to the purchase price without ARCADIS' prior written approval. SUBCONTRACTOR agrees to indemnify ARCADIS against any cost or expense incurred in connection with the payment of such license, fee or royalty in the event that ARCADIS' prior approval is not obtained and SUBCONTRACTOR shall defend any suit or proceeding brought against ARCADIS based on a claim that any item or part of an item furnished under this Agreement constitutes an infringement of any patent, trademark, servicemark, or copyright, and shall pay all damages and casts awarded against ARCADIS or required to be paid in settlement of the claim. If the use of an item or part of an item is enjoined, SUBCONTRACTOR shall at its own expense either procure for ARCADIS the right to continue using the item or part or replace it with anon-infringing item or part ar modify the item or part so that it becomes non- infringing. 10. GGVERNING LAW 1 SEVERABILITY AND WAIVER. Governing law shall be as set forth in the Prime Contract between ARCADIS and its Client. In the absence of such provision, the laws of the State in which the Site is located shall govern this Agreement and the legal relations of the Parties. No waiver of the terms, conditions, ar covenants of this Agreement shall be binding and effective unless the same shall be in writing, signed by both parties. If any portion of this Agreement is held invalid ar inoperative, then so far as is reasonable and possible, the remainder of this Agreement shall be deemed valid and operative, and effect shall be given to the intent manifested by the portion held invalid or inoperative. 11. NGTICES. Any such notices shall be either: (i) sent by certifted mail, return receipt requested, in which case notice shall be deemed delivered three business days after deposit, postage prepaid in the U.S. Mail; (ii} sent by overnight delivery using a nationally recognized overnight courier, in which case it shall be deemed delivered one business day after deposit with such courier; or (iii} sent by personal delivery. The above addresses may be changed by written notice to the other Party; provided, however, that no notice of a change of address shall be effective until actual receipt of such notice. Copies of notices are for informational purposes only, and a failure to give ar receive copies of any notice shall not be deemed a failure to give notice. 12. INCQRP4RATI~N BY REFERENCE. This Agreement is subject to the terms and conditions of the contract ar agreement entered into between ARCADIS and the owner or client for the specific Proj ect. SUBCONTRACTOR acknowledges that it has received a copy of such contract and agrees to perform all obligations of such contract as it applies and with respect to the Work of the SUBCONTRACTOR, including any terms and provisions for indemnity, insurance, warranties, and liquidated damages. 13. ENTIRE AGREEMENT I AMENDMENTS. This Agreement constitutes the entire agreement between the Parties with respect to the Work, and supersedes all prior negotiations, representations or agreements relating theceta, written or oral, except to the extent they are expressly incorporated herein. Unless otherwise provided for herein, na amendments, changes, alterations or modifications of this Agreement shall be effective unless in writing, executed by ARCADIS and SUBCUNTRACTOR. No other waiver, alteration, or modification of any provision in this Agreement will be binding an either party. Any course of prior dealings or usage of the trade not expressly incorporated in this Agreement shall not be binding an either party. The parties represent and warrant that each has had the opportunity to review and negotiate the terms of this Agreement, with the benefit of counsel if desired, and agree that any ambiguity shall not be construed against the drafter. - END GF SCHEDULE A -GENERAL TERMS AND CGNDITIGNS - Schedule B ESI Letter of 5/8/08 (1-page Contract for Services (5-pages) ENVIRONNi,ENTAL SERVICES, INC. 141o PARK LANE SOUTH, SUITE 1 JUPITER. FLORIDA 33458 551-743-5141 ~ F,A~ 551-743~5~41 www.envuon~nentalservicesinc,com 8 May 200$ Mr, Thomas C, fensen, PE VIA EMAIL:tom.~ensen c~arcadis-us.com Arcadis US, Inc. 20$1 Vista Parkway west Palm Beach, Florida 33411 RE: Tequesta Drive Bridge Submerged Resources Study Falm Beacb Cpunty, Florida Dear Mr. Jensen: Pursuant to our recent conversation, we are pleased to enclose this proposal, Please note under our Terms section at the end of the proposal that, as the client, you assure ESI that we have permission to work on the property being evaluated and that you will advise us regarding the proper procedures for accessing the property, we are prepared to proceed upon receipt of the signed contract. Please approve the proposal by signing the enclosed document and returning it to me by mail or by fax ~5~1-743-5441. ~Ve look forward to working with you. Please contact me should you have any questions. Thank you for selecting ESI to assist with your environmental consulting needs. Sincerely yours, ENVIRONMENTAL SERVICES, INC. Mary Lindgr Division Manager -Ecology Enclosure MLIns1EF~SQ~7lproposal.doc FLORIDA • GEORGIA + NORTH CARaL1NA • S4LTTH CAROLINA )~NVIR~NN~ENTAL SERVICES, INC. CgNTRACT FqR SERVICES ESQ PRgJECT Nq. EP080~7.OOPRq The following Contract for Services is an agreement between Environmental Services, Inc., ESI} and Arcadis US, Inc., Client} with the terms specified herein. Client agrees that the company{individual signing this agreement has the ability to compensate ESI for the work described even if the proposed project does not materialize, ESI agrees to perform the following tasks for the associated fee, Project Name: Tequesta Drive Bridge Submerged Resources Survey Project Location: Palm Beach County, Florida SCgPE qF SERVICES FAXED FEE Task 1. Conduct Submerged Resources Survey and Prepare Report $4,500 ESI scientists will conduct a detailed submerged resources survey of submerged areas in the vicinity of the existing bridge. ESI scientists will use SCUBA equiprnent to observe for the occurrence of any significant submerged resources, including seagrasses. ESI scientists will prepare a report to document results of the submerged resources survey. The report will contain narrative text and graphics and recommendations far site planning and permitting. Three copies of the report will be provided to the Client. Note: ~n camplian~e pith 11la~ional Marine Fisheries Service guidance, valid seagrass surveys mush he condtccted between April 1 ~' and A~cgust 31 S`. we will work on the basis described above using the outlined costs defined for each task. Our feelestimated cost far Task 1 is $4,500.00, excluding any permit application fees; these fees are not included in this budget and are the responsibility of the applicant. Additional services not specifically addressed herein will be invoiced on a time and materials basis at standard ESI hourly rates. we will provide you with a written proposal for these tasks if, or when, they become necessary, 'we are prepared to proceed upon receipt ~af the signed contract. ESI is committed to providing quality service to our clients. Every project is reviewed by a senior technical manager to ensure that the wank has been performed in compliance with our goal of providing superior service and solutions to our clients. ENVIRONMENTAL SERVICES, INC. Page 2 Tequesta Bridge Submerged Resources Survey EP08IG7.OOPR~ 05/08/08 TER.1vI5: ESI will complete the work described above in a timely manner unless delayed by Client's request, lack of information, yr intervening factors beyond our control. Client assures ESI that it has permission to worts on the subject property and will advise ESI of proper procedures far accessing subject property. E5I will maintain a minimum $1,040,000 errors and omissions (professional liability} insurance; X1,000,000 per occurrence and $2,000,000 aggregate liability insurance for the duration of the protect. 1f any additional insurance requirements are necessary, please return the specifications with the signed proposal. They will become a part of this contract as agreed by both parties. . Outside services and expenses such as subcontractors and special purchases will be invoiced with a handling fee of l5 percent. Client will provide ESI with any special billing formats or considerations with the signed contract, Billing is done monthly. Payment is due immediately u~ann receipt ._of the invoice; after 30 days the Client agrees to pay 1.5 percent late fee per month or portion thereof on unpaid balances. Unpaid balances after 6D days from the date of the invoice may result in work stoppage until overdue accounts are resolved. . Failure to pay within GO days from the date of invoice will be considered by ESI to be a breach of contract, and ESI :gay cease work and withhold all work product immediately without penalty from the Client. Any disputes regarding payment for services will be resolved in a court in the county of the ESI off ce responsible for the work, Client agrees to pay all legal fees and other collection costs incurred by ESI to collect unpaid invoices. ESI rates change on duly 1 of each year This proposal is valid for a period of 60 days following the date of issuance TERMS ~.CCEPTED; SIGNATURE: NAME(print): T~MAS L. JAN ~,f~I~P•E'~ FIRM: {~c~G{~ l S TITLE: ~ S 50 G • ~J ~ G~ ~~ S 1 OE'~7 DATE: 5 ' 2 ~ • O S SIGNATURE. NAME print}; Mary Lind ~ re. ENVIRONMENTAL SERVICES, INC. TITLE; Division Manager -Ecology DATE; 8 May 2008 ENVIRaNMENTAL SERVICES, 1NC. Page 3 Tequesta Bridbe Subrner~ed Resources Survey EPOS i 67.DOPR~ ~5~08108 Client Purchase order # Client Proj ect File # Billing Address: Contact: Telephone No. t t~ ~oslom. ooo~ zoa~ v~s'[A rA.e.~wkY v~P~ Fl,. ~34~~ Bonn J~nl Sl`r1 C( bl )_(~i"t "lal~5 Attachment: Standard Rate Sheet Enclosures ENVxR~NM~NTAL SERVICES, ANC. ENVIRONMENTAL SERVICES, INC. SCHEDULE OP LABOR AND EXPENSE RATES RATE Technical Technician Project Scientist Senior Scientist Senior Project Manager Principal $20-561Hour $47-741Hour $54-1211Hour $68-1291Hour $98-1951Hour Adm~nistrat~ve Administrative Assistant $25-611Hou~• Geo- ra hies Geographies $52-951Hour EXPENSE CHARGE Additional Services CADDIGZS Usage $30.OOIHour Global Positioning System $250.001Day Local Courier Service $13.OOIDelivery outside Graphics Cost + 15°/a All Subcontracted Services Cost + 15~/0 EXPENSE CHARGE Travel Vehicle Mileage Rate $0.5051Mi1e Travel Expenses Cost + 150/© Copies Photocopy Per Page $0.15 Color Copy Per Page $1.50 S 1/~ x 11 $2.50 11 x 14 $3.00 11 x 17 Full Sipe Copy Per Page $1.b0 24 x 36 b1W $3.00 36 x 4:~ blw $35.00 24 x 36 color $70.00 36 x 48 color Blueprints ar Xerox Per Page $2.50 Aerial Photography $50 0 -15 acres $100 16 - 50 acres $200 51 - 100 acres $300 1 O1 - 999 acres $500 1000 + acres Fax Per Page $0.50 NOTE: RATES ARE SUBJECT TO CHANGE ON JULY 1, 2008. ENVIRQNM~NTAL S1rR.VICES, INC. "Providing Superior Solutions to Environmental, Natural, And Cultural Resource Needs" ° Environmental Assessment ° Vegetative Community Assessment ° V1~etland Delineation, Permitting, and Mitigation • Dredge and FiII Permit Application Preparation • Applications for Development Approval, Developments of Regional Impact j Mitigation Planning Stream Restoration ° Natural Channel Design ~Rosgen}, Restoration, and Construction ° Long-term Mitigation Monitoring Protected Species St~idies ° Gopher Tortoise Relocation Habitat Management Plans Mitigation Banks ° Expert witness P Mangrove Trim Permitting Construction Monitoring and Contractor Coordination Submerged ResourceslSeagrass Surveys and Mapping • Marina, Dock, and Seawall or Shoreline Protection Permitting Benthic Macroinvertebrate Grganisaa~ Sampling and Analysis Beach NourishmentlBiological Monitoring ° Underwater Video and Photo Documentation a Submerged Land Lease Coordination Archaeological and Cultural Resource Studies ° Phase IlTransaction Screen Environ~ne~xtal Site Assessments ° Phase IIIEnvironmental S ite Assessments ° Tank Closure Assessments FDEP Site AssessmentlContamir~ation Assessment Reports • NPDES Permitting and water Quality Monitoring Soil Suitability Studies • Glabal Positioning System ~GPS}Capability • Geographic Information System ~GIS) Capability ° Florida Licensed Geological Firm - FDEP Certif ed Cantractor far Pre-Approval work 4~ 1027 Far assistance, Tease contact the office nearest ~vou. Jacksonville, FL, Corporate ~'eadquarters 904-470-2200 Gary Howalt Asheville, NC 828-254-0811 Jan Gay Burlington, NC 336-570-3002 Matt Q'Brien Central Florida 407-656-0022 Shannon Julien Charlotte, NC 704-523-7225 Paul Petitgout Columbia, SC 803-771-4866 Paul Petitgout Destin, FL 850837-5377 Todd Wilkinson Hagerstown, MD 301-491-1330 Doug Hut~ell Jupiter, FL 561-743-5141 Mary Lindgren Rockledge, FL 321-63 $-0206 Brandon Percy North Lawrence, QH 330-833-9941 Janice McMahon Daytona Beach, FL 386-788-4043 Shannon Julien Raleigh, NC 919-212-1740 Kevin Markham Savannah, GA 912-236-4711 Mike DeMell St. A,ugustYne, F1., 904-824-5494 David Dickson Stone Mountain, GA, 770-736-9101 Steve Jones Wilmington, NC 910W383-6021 Matt Srnith ARCADIS AGREEMENT FOR SUBCUNTRA.CTUR SERVICES SUBCONTRACTOR shall provide and maintain during the term of this Agreement, at SUBCONTRACTOR'S expense, the minimum limits of insurance listed below: 1. Workers' Compensation, Disability Benefit, and Employer's Liability Insurance in at least the minimum amounts required by and in compliance with the laws of the States} where the Work is to be performed. 2. Commercial General Liability Insurance, including contractual liability, completed operations, hazards and explosion, collapse and underground hazard coverage, with a limit of not less than $1,000,000 per occurrence, $2,000,000 aggregate. All such insurance palicies shall provide (unless by specific statute applicable thereto it is otherwise provided} coverage for; (a) damage to above-ground ar underground property; (b) collapse of structures; (c} damage resulting from explosion or blasting; (d} damages ar lasses arising out of liabilities assumed, except infringement, under the indemnity provision of this Agreement; and (e) damage to completed operations. If the Wark to be performed is within or near a railroad right-of way and other railroad facilities, SUBCONTRACTOR'S insurance shall not include any exclusions of coverage far any claims ar liabilities associated with work, occurrences or incidents accuming within 50 feet of railroad right-of way and other railroad facilities. SUBCONTRACTOR can generally meet this requirement by having the Contractual Liability -Railroads standard form endorsement farm ISO CG 24 17 10 OI ar equivalent. SUBCONTRACTOR'S Certificate of Insurance shall state that the railroad Iiability exclusion has been removed ar otherwise deleted from its Commercial General Liability policy or SUBCONTRACTOR may provide a copy of ISO CG 241710 Ol or its equivalent. 3. Automobile Liability Insurance covering owned, non-owned, and hired vehicles used by SUBCONTRACTOR in connection with the Wark with a limit of not less than $1,000,000 per accident combined single limit, $2,000,000 aggregate. 4. Following farm Excess Umbrella Liability Insurance extending coverage under Subcontractor's comprehensive general, automobile and Employer's Liability insurance policies with a limit of $2,000,000 per occurrence and in the aggregate. 5. If professional services, including but not limited to engineering, architectural, laboratory analysis andlor surveying services, are part of the Work, Professional Liability (Errors and Omissions} Insurance with a limit of not less than $1,000,000 per claim, $I,000,000 aggregate. SUBCONTRACTOR, at its cast, agrees to maintain insurance meeting these requirements far a period of two years the date of this Agreement. 6. If the Work involves the handling or use of chemicals or contaminants ar work areas containing pollutants ar hazardous materials, Pollution Liability with a limit of not less than $I,000,000 per incident, $1,000,000 aggregate to coverage damage ar lasses relating to environmental impairment as may have been caused by the SUBCONTRACTOR. SUBCONTRACTOR shall provide ARCADIS with a certificate of insurance indicating that the minimum types and limits of insurance have been procured by SUBCONTRACTOR prior to final execution of this Agreement and shall cause its insurers to provide ARCADIS and Client with a minimum of thirty (30} days written notice prior to the effective date of any cancellation af, or diminution in the coverage provided by, any and all such policies. insureds as their interests may apply on all palicies as required by Schedule C (with the exception of the Workers' Compensation, Employer's Liability, and any Professional Liability Policy). SUBCONTRACTOR shall provide copies of such endorsements upon request. SUBCONTRACTOR shall cause the underwriters of each of the insurance coverage required above waive all rights of subrogation against "ARCADIS U.S., Inc., its Client and their affiliates, directors, off cers, employees, and agents" where allowed by law under each of the foregoing palicies. Upon request SUBCONTRACTOR shall provide ARCADIS with certified copies of its insurance policies. SUBCONTRACTOR agrees to promptly notify ARCADIS of any claims ar losses or potential claims or lasses resulting from or arising out of SUBCONTRACTOR's performance of the Work and shall, within three (3) days of occurrence, provide ARCADIS with copies of SUBCONTRACTOR'S correspondence pertaining to the incident, including any and all SUBCONTRACTOR accident reports. Notwithstanding the foregoing, in the event that the contract between ARCADIS and the Client specifies greater limits of insurance than those set forth above, the SUBCONTRACTOR shall procure and maintain the limits in the amounts specified in such contract and to notify ARCADIS of any failures to comply r~ior to accepting the contemplated work. In the event SUBCONTRACTOR fails to provide such notice, ARCADIS shall have the right but not the obligation to procure said insurance for SUBCONTRACTOR. SUBCONTRACTOR shall pay ARCADIS any and all costs and expenses incurred by ARCADIS in procuring said insurance, and ARCADIS may deduct this amount from the Subcontract cost. SUBCONTRACTOR shall provide proof of insurance coverage as may be required in this Agreement and each Work Authorization prior to commencing the Work. Said proof of coverage shall be in the form of a duly executed and properly endorsed insurance certificate from an insurance carrier licensed to transact insurance business in the state in which the Work is to be performed. Each certificate shall certify that all of the required insurance, as above described, has been effected and that the SUBCONTRACTOR is covered thereby. SUBCONTRACTOR'S failure to procure the required types and limits of insurance as set forth herein, shall not relieve SUBCONTRACTOR of its indemnification obligations hereunder. Any coverage provided ARCADIS by SUBCONTRACTOR'S insurance under this Agreement is primary insurance and shall not be considered contributory insurance with any insurance policies of ARCADIS, its members, subsidiaries, and affiliated companies. Whenever an employee of SUBCONTRACTOR suffers an occupational injury ar disease as a result of the Work and such injury ar disease is required by the Workman's Compensation or Occupational Disease Laws to be reported to the proper authorities, a copy of such report shall be furnished promptly by SUBCONTRACTOR to ARCADIS. SUBCONTRACTOR also shall require all subcontractors to furnish copies of such reports to ARCADIS in connection with occupational injuries ar diseases sustained by their employees. -END OF SCHEDULE C -INSURANCE - SUBCONTRACTOR agrees to name "ARCADIS U.S., INC., its Client and their affiliates, directors, officers, employees, and agents" as additional