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GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
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Pursuant to Section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Standard)
Proposed Modification No. 02 To Benning Road Waste Transfer Station –
Abatement and Building Raze
(A) Contract Number: DCAM-24-CS-IFB-0016 (the “Contract”)
Proposed Contractor: Atmos Solutions, Inc. (the “Contractor”)
Proposed Modification No. 2 Amount: $15,623,340.00
Proposed Contract Amount: Not-to-Exceed $21,202,268.32
Unit and Method of Compensation: Monthly progress payments based on percent of
work completed plus approved reimbursables.
Term of Contract: From February 18, 2025 (the date the Letter
Contract was executed) through September 1, 2026
(the “Final Completion Date”) with an
Administrative Term of November 30, 2026
Type of Contract: Fixed Price
Source Selection Method: Invitation for Bid (“IFB”)
(B) For a contract containing option periods, the Contract amount for the base period and for
each option period. If the Contract amount for one or more of the option periods differs from
the amount for the base period, provide an explanation of the reason for the difference:
Not Applicable
(C) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed Contract:
Contract No. DCAM -24-CS-IFB-0016 between the Department of General Services (“DGS” or
the “Department”) and Atmos Solutions, Inc., requires the Contractor to provide preconstruction
and construction services necessary to complete the abatement and raze the Benning Road Waste
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Transfer Station located at 3200 Benning Road, NE, Washington, DC 20019. The site is occupied
by an approximately 78,000 square foot transfer station building that operated as a municipal solid
waste and recycling materials accumulation transfer station. The preconstruction activities have
largely been completed. The Contractor shall provide the required additional abatement and
remediation services to clear the site for demolition including the demolition of the building, slab
on grade, along with any footings for the existing foundation, and finally, raze the building in
accordance with Department of Buildings guidelines.
The underlying Contract was deemed approved on May 8, 2025, through CA26- 0138. The
Department executed Modification No. 1, a no-cost modification, on February 3, 2026, extending
the Contract’s Final Completion date to September 1, 2026.
The Department is now seeking approval of Modification No. 2. If approved, Modification No. 2
shall require the Contractor to, among other things, mitigate contaminated soils and contaminated
site hardscape beyond what was originally expected, provide additional abatement required for the
incinerators on site , the legal disposition and abatement of significant hazardous materials
uncovered across the site, and additional earthwork including the reconfiguration of retaining
walls.
As the proposed modification would increase the Contract value by more than $1 million, Council
approval is required for this contract action.
(D) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
The procurement was conducted as an Invitation for Bid and previously approved by the Council
through CA26-0138.
(E) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the grounds
alleged in the protest, and any deficiencies identified by the District as a result of the protest:
The Contract award was not protested.
(F) The background and qualifications of the proposed C ontractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed Contract:
The Contractor is a certified business enterprise and has demonstrated through past performance
for the Department and other District agencies to have the financial stability, personnel, and
satisfactory performance record to perform the required services. In addition, as the Contractor has
performed similar demolition and abatement services for the Department including the Motorpool
Building and Historic Drybarn at St. Elizabeths East Campus. The Contractor has been determined
responsible in accordance with 27 DCMR § 4706.1.
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(G) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting
plan meets the minimum requirements of the Act and the dollar volume of the portion of the
Contract to be subcontracted, expressed both in total dollars and as a percentage of the total
Contract amount:
The Contractor is a certified business enterprise in accordance with the Act (CBE Number:
LSDRE48572102027). The Contractor submitted a subcontracting plan that meets the minimum
requirements of the Act.
Total Dollar Value Contract $21,202,268.32
Atmos Self-perform (35%) $7,420,793.91
Available to be Subcontracted $13,781,474.41
Subcontracting Amount $4,823,517.00
Subcontracting % 35%
(H) Performance standards and the expected outcome of the proposed Contract:
The Contractor is required to provide the labor, tools, equipment, and materials and other services
necessary for completion of the Project. The Project must be complete d no later than September
1, 2026. The Contractor is subject to liquidated damages of $1,500 per workday of delay for failure
to timely complete the work for the Project. Additionally, the Department may also withhold
payments to the Contractor based on defects in any application for payment or performance on the
Project.
In general, the Contractor must perform the requirements contained in the Contract and meet or
exceed the performance standards therein. The Contractor’s performance will be monitored by
DGS staff and DGS designated Program Manager.
(I) The amount and date of any expenditure of funds by the District pursuant to the C ontract
prior to its submission to the Council for approval:
The total value of the goods and services provided to date is $5,578,928.32, which represents the
amount deemed approved by Council on May 8, 2025, through CA26-0138.
(J) A certification that the proposed C ontract is within the appropriated budget authority for
the agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
The Agency Fiscal Officer has certified that the proposed Contract is within the Department’s
appropriated budget authority for the fiscal year and is consistent with the financial plan and budget
adopted in accordance with D.C. Official Code §§ 47-392.01 and 47 -392.02. The relevant
certification accompanies this Council Package.
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(K) A certification that the C ontract is legally sufficient, including whether the proposed
Contractor has any pending legal claims against the District:
The proposed Contract has been deemed legally sufficient by the Office of the Attorney General.
The Contractor does not appear to have any currently pending legal claims against the District.
(L) A certification that the Citywide Clean Hands database indicates that the proposed
Contractor is current with its District taxes. If the Citywide Clean Hands Database indicates
that the proposed Contractor is not current with its District taxes, either: (1) a certification
that the Contractor has worked out and is current with a payment schedule approved by the
District; or (2) a certification that the Contractor will be current with its District taxes after
the District recovers any outstanding debt as pro vided under D.C. Official Code § 2-
353.01(b):
The Citywide Clean Hands database indicates that the Contractor is current with its District taxes.
The relevant Clean Hands Certificate accompanies this Council Package.
(M) A certification from the proposed Contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:
The Contractor has certified that it is in compliance with federal tax laws.
(N) The status of the proposed Contractor as a certified local, small, or disadvantaged business
enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
Development and Assistance Act of 2005, as amended; D.C. Official Code § 2-218.01 et seq.:
The Contractor is a local, small, disadvantaged, resident owned, equity impact certified business
enterprise. The Contractor’s CBE Number is LSDRE48572102027, with an expiration date of
October 15, 2027.
(O) Other aspects of the proposed C ontract that the Chief Procurement Officer considers
significant:
None.
(P) A statement indicating whether the proposed C ontractor is currently debarred from
providing services or goods to the District or federal government, the dates of the debarment,
and the reasons for debarment:
The Contractor is not debarred from providing services to the Government of the District of
Columbia or the Federal Government according to the Office of Contracts and Procurement’s
Excluded Parties List and the Federal Government’s Excluded Parties List.
(Q) Any determination and findings issues relating to the C ontract’s formation, including any
determination and findings made under D.C. Official Code § 2- 352.05 (privatization
contracts):
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None
(R) Where the C ontract, and any amendments or modifications, if executed, will be made
available online:
The Contract, if approved, will be posted on the Department’s website.
(S) Where the original solicitation, and any amendments or modifications, will be made
available online:
The original solicitation and any amendments were posted on the Department’s website.
(T) (1) A certification that the proposed contractor has been determined not to be in violation of
section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a;
and (2) A certification from the proposed contractor that it currently is not and will not be
in violation of section 334a of the Board of Ethics and Government Accountability
Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official
Code § 1-1163.34a:
Based upon a certification from the Contractor, the Contractor has been determined not to be in
violation of D.C. Official Code § 1-1163.34a; and will not be in violation of D.C. Official Code §
1-1163.34a.
(U) The description of any other contracts the proposed contractor is currently seeking or holds
with the District:
The Contractor has the following active contracts with the District:
Contract Number
Project Caption
Project Value
1. DCAM-22-CS-RFQ-
0016B / RFTOP-CS-0019 CHEC & Noyes Exterior Doors Replacement $2,728,216.74
2. DCAM-22-CS-RFQ-
0016B / RFTOP-CS-0060
DB Construction of the New Carver/Langston
and Riggs Road/South Dakota Avenue Triangle
Parks
$675,000.00
3. CW108992/TO3 DHCD 248 - House Renovation $161,565.51
4. DCAM-22-CS-RFQ-
0016B/RFTOP-CS-0007
DB Plummer ES Cafeteria/Kitchen
Reno/Addition
$5,112,404.73
5. DCAM-22-CS-RFQ-
0016B / RFTOP-CS-0009 DB Emery Elevator $1,671,119.27
6. DCAM-22-CS-RFQ-
0016B/RFTOP-CS-0106 Oxon Run Fitness/Park $1,091,733.75
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7. DCAM-24-CS-RFP-0009 DC Stabilization and Sobering Center
Renovation – Park Road $8,289,369.04
8. DCAM-22-CS-RFQ-
0016/RFTOP-CS-0074 McKinley Exterior Door Restoration &
Replacement
$1,584,016.15
9. DCAM-24-CS-IFB-0016 Benning Road Raze and Abatement $21,202,268.32
10. DCAM-24-CS-RFP-0031 CMAR Rosedale Pool Replacement $5,585,175.65
11. DCAM-22-CS-RFQ-
0016B/RFTOP-CS-0047 Marie Reed ES Soccer Field Replacement $903,802.93
12. DCAM-24-CS-RFP-0013 DB Emery HVAC Replacement $17,771,565.33
13. CW108996 DHCD Batch 240 $344,142.88
14. DCAM-22-CS-RFQ-
0016B/RFTOP-CS-0004
DB Services for Barry Farm Recreation Center
HVAC Upgrades $2,271,734.97
15. DCAM-20-CS-RFQ-
0001T / RFTOP-CS-0200 DB Palisades Recreation Center Dog Park $735,650.13
16. DCAM-22-CS-RFQ-
0016B/RFTOP-CS-0161 HSEMA Parking Lot $1,000,000.00
17. DCAM-22-CS-RFQ-
0016B / RFTOP-CS-0005
DB Key ES, Noyes ES, and Sousa MS Boilers
Replacement $3,410,257.29
18. DCAM-20-CS-RFQ-
0001T / RFTOP-CS-0055
Walter Pierce Upgrades Phase 2 $936,471.97
19. DCAM-20-CS-RFQ-0002 Eastern Market Upgrades $1,729,191.39
20. DCAM-25-CS-RFP-0001 DB KC Lewis Swing Space to Support Seaton
Elementary School Modernization
$14,000,000.00
21. CW108992/TO6 DHCD Batch 2502 $50,679.67
22. DCAM-22-CS-RFQ-
0016/RFTOP-CS-0056
DB Pickleball Court Improvements $750,000.00
23. DCAM-22-CS-RFQ-
0016/RFTOP-CS-0074
McKinley Roof Replacement $2,091,762.47
24. CW108992 DHCD Batch 249 $50,240.79
25. DCAM-22-CS-IFB-0005 New Jersey & O St Park $1,511,117.75
26. DCAM-24-CS-IFB-0008 Engine House #2 Roof Replacement $437,468.53
27. DCHA 0016-2024 K DCHA Syphax 2nd Round $243,450.00
28. DCAM-22-CS-RFQ-
0016B/RFTOP-CS-0010
DB Tubman ES@ Banneker ES & Thomas ES
@ Kenilworth ES Swing Space
$1,208,888.30
29. DCAM-22-CS-RFQ-
0016B/RFTOP-CS-0006
DB-Davis ES-CDC Swing Space Upgrades
$2,491,485.11
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The Contractor is currently pursuing the following contracts:
Contract Number Project Caption Project Value
1. DCAM-25-CS-RFP-0011 DB Services for Emery Heights Recreation Center
Modernization $11,500,000.00
2. DCAM-25-CS-RFP-0018 DB Services for Camp Riverview Renovation $8,000,000.00
3. DCAM-26-CS-RFP-0004 DC Services for LaSalle-Backus Elementary School
Modernization $79,000,000.00
1101 4th Street, SW
Washington, DC 20024
Date of Notice: February 25, 2026 L0015966593Notice Number:
FEIN: **-***1304
Case ID: 18879118
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
ATMOS SOLUTIONS INC
6856 EASTERN AVE NW
WASHINGTON DC 20012-2165
Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
COPY
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Office of the Chief Financial Officer
Memorandum
To: Delano Hunter
Director
From: Antoinette Hudson-Beckham
Agency Fiscal Officer
Re: DCAM-24-CS-IFB-0016 Modification No. 2 Benning Road Waste Transfer
Station – Abatement and Building Raze
Date: February 9, 2026
Subject: Fiscal Sufficiency Review
___________________________________________________________________________
In my capacity as the Agency Fiscal Officer of the Department of General Services (the
"Department"), I hereby state Modification No. 2 for the abatement and razing of the Benning
Road Transfer Station (DCAM-24-CS-IFB-0016), with Atmos Solutions, Inc. NTE in the amount
of Fifteen Million Six Hundred Twenty- Three Thousand Three Hundred Forty Dollars
($15,623,340) is consistent with the Department’s current budget and adequate funds are available
in the budget for “capital eligible” expenditures.
Per DGS Contracts & Procurement (C&P) team, the Department issued a letter contract in the
amount of $950,000.00. The letter contract was funded through PO722561. C&P further states on
May 8, 2025, the definitive contract was approved by the Council through CA26- 0138. The
definitive contract was funded on under PO725668 in the amount of $4,628,928.32 bringing the
Contract’s total value to $5,578,928.32($950,000.00 + $4,628,928.32). C &P also executed
Modification No. 1, a no cost modification, to extend the term of the contract.
The Department is now seeking Council approval for Modification No. 2, in the amount of
$15,623,340.00, increasing the contract’s total value from $5,578,928.32 by $15,623,340.00 to
$21,202,268.32 ($5,578,928.32 + $15,623,340.00). The modification amount is $1 million or more
and therefore requires Council approval.
The Department of General Services (DGS - Seller AGY) has $15,623,340.00 in the Department
of Public Works (DPW – Buyer AGY) capital budget authority balance.
The amount of $15,623,340 is being approved for capital eligible items. The funding attributes and
PASS/DIFS information are as follows:
Page 2 of 5
2000 14th St. NW, 8th Floor, Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283
Project Name Project
Number
Fund
Detail AY Seller
AGY
Buyer
AGY RQ/PO Amount Comments
KTO – Benning
Road and Fort
Totten Transfer
Stations
300354 3030300 N/A AM0 KT0 PO722561 $950,000.00 Letter
Contract
KTO – Benning
Road and Fort
Totten Transfer
Stations
300354 3030300 N/A AM0 KT0 PO725668 $4,628,928.32 Definitive
Contract
KTO – Benning
Road and Fort
Totten Transfer
Stations
300354 3030300 N/A AM0 KT0 RK321905 $15,623,340.00 Modification
2
Total $21,202,268.32
Antoinette Hudson-Beckham
Agency Fiscal Officer
for AHB
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
___________________________________________________________________________
3924 Minnesota Avenue NE, 6th Floor Washington DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283
OFFICE OF THE GENERAL COUNSEL
MEMORANDUM
TO: Tomás Talamante
Director, Office of Policy and Legislative Affairs
FROM: Kristen Walp
Senior Assistant General Counsel
SUBJECT: Legal Sufficiency Certification
Proposed Modification No. 2 to Benning Road Waste Transfer Station – Abatement and
Building Raze
Contract Number: DCAM-24-CS-IFB-0016
Contractor: Atmos Solutions, Inc.
DATE: February 26, 2026
_____________________________________________________________________________
This is to certify that this Office has reviewed the above-referenced proposed Modification No. 2
and has found it to be legally sufficient, subject to submission of : (i) any required materials and
Council approval; (ii) Council’s approval of the same; and (iii) a Fiscal Certification issued by the
Department of General Services’ Agency Fiscal Officer.
Please feel free to contact me at (202) 727-2800 with any questions.
____________________________
Kristen Walp
Senior Assistant General Counsel
Government of the District of Columbia
Department of General Services | dgs.dc.gov
2000 14th Street NW, 8th Floor, Washington, DC 20009
@dcdgs
November 10, 2025
James Marshall,
Contracting Officer
Contracts and Procurement
3924 Minnesota Ave NE, 5th Floor
Contract number: 300254
Project Number: DPW-012490-MISC
Vendor: Atmos Solutions, Inc.
Project Name: (Benning Road Transfer Station: Abatement and Raze)
Re: PCO 10008 Additional Abatement at Incinerator Time Extension Approval
James,
Along with the Atmos Solutions Inc. pricing submission for PCO 10008, they also requested 180
additional calendar days added to their contract schedule for the completion of the subject
work. We concur with the request and believe a time extension of 180 calendar days to be
reasonable based on the additional scope provided.
If there are any questions, please contact the undersigned.
Renee M. Holmes
Executive Program Manager
Infrastructure Development and Special Projects Portfolio
Department of General Services Capital Construction Services Division
3924 Minnesota Ave SE | 5th Floor | Washington, DC 20019
Mobile: 202-302-6372
Renee.Holmes@dc.gov
X
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2
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8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code)
Contract No. DCAM-24-CS-IFB-0016 is hereby modified as follows:
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
It is the goal of this project to abate and raze the existing building to make way for the construction of the new solid municipal waste facility. The existing
building and site operated as waste station for decades collecting various city-wide waste elements. The waste collection process inherently has the
risk of unknowingly introducing contaminants of concern to the site as waste deposited for transfer. The Contractor's assessment of the site identified
contaminants beyond the original scope of the project and must be resolved. As a result of the Contractor's on-going assessment of the site, it was
determined that an extension in the contract's term would be necessary. In the Contractor's subsequent submission of a related potential change order,
the Contractor requested an extension in the Term of the Contract of 180 days. DGS' approval of the time extension is provided as an attachment to
this modification. As a result of the Contractor's request and the Department's approval, the Term of the Contract is modified as described below:
Title 27 DCMR Sections 4728 and Contract DCAM-24-CS-IFB-0016, Attachment J.2 Standard Contract
Provisions (General Provisions) Construction Contracts
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
15A. Name and Title of Signer (Type or print)
Section F.1.Term of the Contract - Delete 380 days; Insert 560 days or September 1, 2026 (2/18/25 + 560 days)
Section F.1.1 Substantial Completion - Delete 350 days Insert 530 days or August 2, 2026 (2/18/25 + 530 days)
Section F.1.2 Final Completion remains 30 days from Substantial Completion or September 1, 2026 (8/2/26 + 30 days)
Section F.1.3 Administrative Term remains 90 days from Final Completion or November 30, 2026 ( 9/1/26 + 90 days)
3924 Minnesota Avenue NE 5th Floor 3924 Minnesota Avenue NE 5th Floor
Washington, DC 20019 Washington, DC 20019
DCAM-24-CS-IFB-0016
9B. Dated (See Item 11)Atmos Solutions, Inc.
X
10A. Modification of Contract/Order No.
10B. Dated (See Item 13)
6856 Eastern Avenue NW, Suite 225
Washington, DC 20012
copies of the amendment: (b) By acknowledging receipt of this
(Signature of person authorized to sign) (Signature of Contracting Officer)
2/2/2026 February 3, 2026
15B. Name of Contractor 15C. Date Signed 16B. District of Columbia 16C. Date Signed
16A. Name of Contracting Officer
Except as provided herein, all terms and conditions of the document referenced in Item (9A or 10A) remain unchanged and in full force and effect
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copy to the issuing office.E. IMPORTANT: Contractor
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
X D. Other (Specify type of modification and authority)
February 18, 2025
James H. Marshall
A. This change order is issued pursuant to: (Specify Authority)
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
1following methods: (a) By completing Items 8 and 15, and returning
C. This supplemental agreement is entered into pursuant to authority of:
is not, is required to sign this document and return
1. Contract NumberMODIFICATION OF CONTRACT Page of Pages
DCAM-24-CS-IFB-0016 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Modification No. 1 See Block 16C Not Applicable
Benning Road Transfer Station -
Abatement and Raze
2. Modification Number
RELEASE: Withe exception of the approved costs associated with It is mutually agreed that in exchange for this Modification and other consideration,
the Contractor hereby releases, waives, settles and holds the Department harmless from any and all actual or potential claims or demands for delays,
disruptions, additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or
unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences or result of, relating to or
in any manner connected with this Modification, the above-referenced services, and the work provided pursuant to this agreement.
This is a no-cost modification that seeks an extension of the Term of the Contract as described in #2 below. The cost associated with this no-cost
modification, once determined, will be addressed in future modification(s) to the contract.
Terms & Conditions. Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed,
remains unchanged and in full force and effect.
Contracting and Procurement Division Capital Construction Division
9A. Amendment of Solicitation No.
(Continuation)
5 Contract Recap Not to Exceed Amount
Letter Contract
Definitive Contract
CA26-0138 May 8, 2025
Modification 1 Substantial and Final Completion
Dates extended 180 days
Total Not to Exceed Amount
Page of Page
DCAM-24-CS-IFB-0016 1 2 of 2
$4,628,928.32
Contract Number Modification No.
$950,000February 18, 2025
0
$5,578,928.32
X
1
2
3
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8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code)
Contract No. DCAM-24-CS-IFB-0016 is hereby modified as follows:
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
February 18, 2025
copies of the amendment: (b) By acknowledging receipt of this
The cost for the additional abatement and remediation services is $15,623,340.00. The detail of each element of Modification No. 2 are provided in the
Contractor's proposal (Attachment B). The not-to-exceed amount of the contract is therefore increased from $5,578,928.32 by $15,623,340.00 to
$21,202,268.32. Under no circumstances will the Contractor be paid more than $21,202,268.32 unless authorized to do so in advance and in writing by a
DGS Contracting Officer.
Title 27 DCMR Sections 4728 and Contract DCAM-24-CS-IFB-0016, Attachment J.2 Standard Contract
Provisions (General Provisions) Construction Contracts
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
10A. Modification of Contract/Order No.
10B. Dated (See Item 13)
6856 Eastern Avenue NW, Suite 225
Washington, DC 20012
(Signature of person authorized to sign) (Signature of Contracting Officer)
15B. Name of Contractor 15C. Date Signed 16B. District of Columbia 16C. Date Signed
16A. Name of Contracting Officer
Except as provided herein, all terms and conditions of the document referenced in Item (9A or 10A) remain unchanged and in full force and effect
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copy to the issuing office.E. IMPORTANT: Contractor
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
X D. Other (Specify type of modification and authority)
Terms & Conditions. Except as provided herein, all terms and conditions of the document referenced in Item 10A, as heretofore changed, remains
unchanged and in full force and effect.
15A. Name and Title of Signer (Type or print)
James H. Marshall
A. This change order is issued pursuant to: (Specify Authority)
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
1following methods: (a) By completing Items 8 and 15, and returning
C. This supplemental agreement is entered into pursuant to authority of:
is not, is required to sign this document and return
RELEASE: Withe exception of the approved costs associated with this extension, it is mutually agreed that in exchange for this Modification and other
consideration, the Contractor hereby releases, waives, settles and holds the Department harmless from any and all actual or potential claims or demands
for delays, disruptions, additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or
unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences or result of, relating to or in
any manner connected with this Modification, the above-referenced services, and the work provided pursuant to this agreement.
1. Contract NumberMODIFICATION OF CONTRACT Page of Pages
DCAM-24-CS-IFB-0016 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Modification No. 2 See Block 16C RK321905
Benning Road Transfer Station - Abatement
and Raze
2. Modification Number
The initial contract requirements regarding abatement and remediation efforts for the current Benning Road Transfer Station location were based on
preliminary information available. Given the use of the long standing use of the site as a trash transfer station, it was expected that contaminants and
hazardous materials would be present but as the Contractor began work and completed required hazardous material assessments of the site, the
amount of and degree of contaminants and hazardous material is far more than expected. The Department in consultation with the District's Department
of Energy Environment has worked with the Contractor to determine the additional services required to bring the site to a state where demolition and
eventual razing of the building can be completed. A summary of the required services needed as well as a written narrative provided by the
Department's Executive Program Manager to further describe and explain the work included in Modification No. 2 is provided as Attachment A to this
modification. In addition, the documentation and further detail for each of the items included in the modification are provided in Attachment B.
Contracting and Procurement Division Capital Construction Division
9A. Amendment of Solicitation No.
3924 Minnesota Avenue NE 5th Floor 3924 Minnesota Avenue NE 5th Floor
Washington, DC 20019 Washington, DC 20019
DCAM-24-CS-IFB-0016
9B. Dated (See Item 11)Atmos Solutions, Inc.
X
(Continuation)
5 Contract Recap Not to Exceed Amount
Letter Contract
Definitive Contract
CA26-0138 May 8, 2025
Modification 1 Substantial and Final Completion
Dates extended 180 days
Modification 2 Additional Abatement and Remediation
Services
Total Not to Exceed Amount
$950,000February 18, 2025
0
$21,202,268.32
$15,623,340.00
Page of Page
DCAM-24-CS-IFB-0016 2 2 of 2
$4,628,928.32
Contract Number Modification No.
Attachment A
Government of the District of Columbia
Department of General Services | dgs.dc.gov
2000 14th Street NW, 8th Floor, Washington, DC 20009
@dcdgs
December 11, 2025
James Marshall,
Contracting Officer
Contracts and Procurement
3924 Minnesota Ave NE, 5th Floor
Contract number: 300254
Vendor: Atmos Solutions, Inc.
Project Name: (Benning Road Transfer Station: Abatement and Raze) Salesforce: PR-016063
Re: Justification Memo
DGS is requesting Modification #2 for Benning Road Transfer Station Abatement and Demolition
Contract. A line-item summary and short description is noted in the table below for the
Abatement and Raze of the Benning Road Transfer Station located a t 3200 Benning Road, NE,
Washington DC 20019.
PCO # PCO Description PCO Amount
10003 Site Soil Testing and Contaminated Soil Contingency (CLIN 002A) 1,565,653.00
10004 SWPPP Inspections (CLIN 001) 46,425.00
10007 DOEE L.U.S.T. Case Resolution (CLIN 001) 102,128.00
10008 Additional Abatement at Incinerators (CLIN 001) 5,935,401.00
10011 Phase II Hazmat Remediation Analysis (CLIN 001) 198,173.00
10015 DOEE L.U.S.T. Case Resolution (Additional Soil Boring) (CLIN 001) 5,134.00
10016 Survey and Asbuilt of Existing Piles (CLIN 001) 24,684.00
10019 Brick Abatement at Incinerator (CLIN 001) 2,161,060.00
10020 Phase II Abatement (CLIN 001) 3,799,400.00
10022 Addl Earthwork and Existing Retaining Walls Reconfiguration 2,467,127.00
Total Requisition Amount 15,623,340.00
Modernization efforts at Benning Road will enable the District to process additional tonnage due
to population growth and any increase resulting from the closure of the W Street Transfer
Station, which was a privately-owned facility.
As an overview of the background of the requested funds, there is a general theme behind the
purpose of these costs. The abatement and raze process underway is an imperative requirement
Government of the District of Columbia
Department of General Services | dgs.dc.gov
2000 14th Street NW, 8th Floor, Washington, DC 20009
@dcdgs
to make way for the construction of the new solid municipal waste facility. The existing waste
station operated for decades collecting various city-wide waste elements. The waste collection
process inherently has the risk of unknowingly introducing contaminants of concern to the site
as waste is deposited for transfer. Prior to the raze of the facility the contractor completes an
important assessment of the existing building to identify contaminants of concern . The
Contractor’s mitigation of discovered contaminants of concern are inherently beyond the scope
of the original contract an d must be resolved. Based on preliminary information from DPW
related to site contaminants, it was anticipated that any site hazmat assessment would result in
finding contaminants of concern due to the years of waste collection. An attempt was made to
incorporate initial values of the unknown quantities using unit price allowances in the Atmos
agreement for handling hazardous materials with further funding available if necessary to be
incorporated as further facts are gathered.
It is also critical to the future development that any special storm water management
requirements are met to protect the District from liability for contaminants and sediment from
leaving the site in an illegal or uncontrolled manner . The information in the section below
provides specific summaries of line items included in this funding request.
10003 Site Soil and Contaminated Soil Contingency – Based on guidance from DOEE the site
exterior has the potential for containing contaminates of concern. The contractor provides
necessary assessment of hazardous materials on the site. Based on findings of contaminates, the
contractor will provid e mitigation of contaminated soils and contaminated site hardscape to
eliminate District liability for site contaminants from leaving the site improperly controlled and
aid in preparing site for new construction . The contingency included in this item anticipates
findings of contaminants of concern resulting from the assessment and will be used to fund the
mitigation efforts for contaminants discovered. This is necessary to provide proper site
conditions for the new construction.
10004 Storm Water Pollution Prevention Plan ( SWPPP) Inspections – In order to meet the
requirements of the A uthorities Having Jurisdictions regarding controlling storm water runoff,
the contractor provides an Environmental Protection Agency ’s SWPPP and regular supervision
and inspections of the installed SWPPP to ensure compliances. This effort protects the District
from the potential liability of environmental contaminates and sediment from leaving the site.
10007 and 10015 DOEE Leaking Underground Storage Tank (LUST) Case Resolution – After project
award, DOEE provided information regarding an open LUST Case on the site based on findings
Government of the District of Columbia
Department of General Services | dgs.dc.gov
2000 14th Street NW, 8th Floor, Washington, DC 20009
@dcdgs
from a report commissioned by DPW in 2021. PCO 10015 was initiated based on DOEE comments
on the LUST Case plan and required the contractor to include additional soil boring to monitor
the condition. DOEE has a requirement that this LUST Case must be resolved as soon as possible
according to their specific procedures. It is necessary to resolve this issue prior to the initiation
of new construction.
10008 Additional Abatement at Incinerators – After the contractor performed a hazardous
material assessment of the building, they discovered significant unforeseen hazardous materials
as a result. These hazardous materials are required to be handled separately from normal
building debris and must be removed and disposed of in a highly controlled manner. This is an
imperative step prior to demolishing the existing building to prepare for the new construction.
10011 Phase II Hazmat Remediation Analysis – After coordination with DOEE, several other
contaminants were identified with the potential of being present in the existing facility. At DGS
direction t he contractor provided pricing to assess the building for these cont aminants. This
effort reduces the District’s liability for the potential of suspected contaminants or hazardous
materials from improper removal from the site.
10016 Survey and Asbuilt of Existing Foundation Piles – The existing building foundation is
supported by an array of piles. It is not cost effective to remove all existing piles. The contractor’s
responsibility is to cut the existing piles after removing the existing foundation pile caps. As the
new building’s foundation systems are designed, it is important to know the location of the
existing piles that will be cut to eliminate conflict with the design of the new construction
foundation system.
10019 Brick Abatement at Incinerators – After commencing with the incinerator abatement at
the BRT, the contractor discovered additional asbestos containing material (ACM) located
intermittently within the brick joints. The ACM at this location was not visible due to the years of
dust and ash build-up inside the incinerator on the face of the brick. Most of the brick joints were
mortar. The ACM detected here occurs every four feet vertically inside the incinerator. As part of
the overall abatement scope, all haza rdous materials must be removed from the site separate
from the normal demolition debris. There is additional effort and cost to segregate this material,
contain the area while the material is being removed, testing of the air during the removal and
at completion and finally the cost to dispose of the material at the appropriate facility.
Government of the District of Columbia
Department of General Services | dgs.dc.gov
2000 14th Street NW, 8th Floor, Washington, DC 20009
@dcdgs
10020 Phase II Abatement – The results of hazardous materials testing at the building has
revealed the existence of numerous contaminants of concern inside the building. These
hazardous materials must be removed by a certified abatement contractor. The purpose of the
abatement phase of this project is to safely remove and dispose of any hazardous materials
within the building and then certify that the building is free of contaminant s prior to the
demolition of the building . If hazardous materials are not properly abated prior to demolition ,
the District would be at risk of harming humans or other facets of our ecology. The demolition of
the building is necessary to make way for the construction of a new state-of-the-art facility to
bring desperately needed waste handling capacity to the District.
Let me know if there are any other items that are required to proceed with the procurement
action.
Renee M. Holmes
Executive Program Manager
Infrastructure Development and Special Projects Portfolio
Department of General Services Capital Construction Services Division
3924 Minnesota Ave SE | 5th Floor | Washington, DC 20019
Mobile: 202-302-6372
Renee.Holmes@dc.gov
Attachment B1
Site Soil Testing and Contaminated Soil Contingency
Potential Change Order
Project Name: DPW - Benning Road Transfer Station - Abatement and Demolition
AST #: DPW-012490-MISC
Project Address: 3200 BENNING ROAD NE WASHINGTON DC
PCO # 10003
Title 10003 - Soil Testing - Subsurface Sampling
PCO Date 4/30/2025
Description of PCO Atmos Solutions, Inc is requesting your consideration of PCO#10003 for soil
testing and subsurface investigation for Benning Road Waste Transfer
Station - Abatement and Raze Building.
Potential Change Reason DGS Request
Proposed Cost $1,565,653.00
Acknowledged Cost $1,565,653.00
Proposed Schedule
Impact (Days)
0
Acknowledged Schedule
Impact (Days)
0
Requested Revised
Substantial Completion
Date
Requested Revised Final
Completion Date
Justification Since the start of the project, a permitting agency (DOEE) has been
requesting soil testing as part of the process. As this is not a typical
requirement. We are requesting DGS to review and approve the attached
proposal and scope in response to DOEE's recommendations.
Location
Drawing Reference
Dwg No. Title Rev. No. Rev. Date
Specification Reference
Spec. No. Title Rev. No. Rev. Date
DGS Determination Approved by CO and will fund from Unforeseen Allowance.
IGE Cost $0.00
Funding Source Allowance - in Contract
Funding Notes Will be funded by unforeseen allowance within the contract.
April 30th, 2025
Attn: Mr. Lamarr Mayo
Government of the District of
Capital Construction Services
3924 Minnesota Ave. NE
Washington, DC 20019
Reference: DCAM-24-CS-IFB-0016 (“IFB”)
Benning Road Waste Transfer Station - Abatement and Raze Building
ATMOS -PCO-1003
Subject: Soil Testing – Subsurface Sampling
Dear Mr. Mayo,
Atmos Solutions, Inc is requesting your consideration of PCO# 10003 for soil testing and subsurface
investigation for Benning Road Waste Transfer Station - Abatement and Raze Building . As per section
C.1.2. in the IFB issued on August 15, 2024, an Environmental Report which generally describes the work
required to implement the Project (the “Work”) was provided to us . This report was used as a reference
document in the preparation of bid. This report did not include soil testing.
Since the start of the project, a permitting agency (DOEE) has been requesting soil testing as part of the
process. As this is not a typical requirement. We are requesting DGS to review and approve the attached
proposal and scope in response to DOEE’s recommendations.
Should you have any questions or wish to discuss this matter further, please feel free to contact me directly
at (202)891-6959.
Sincerely,
______________________
Saad Moussamim
Senior Project Manager
See Contracting Officer response
dated May 8, 2025. The acceptance
of the subject proposal does not
relieve Atmos of the contractual
responsibility for exterior hazmat
testing and all associated items
necessary to ensure the full
disposition of the site contaminants
and hazmats.
Pt 1 Subsurface Sampling 65,653.00
Pt 2 Site Contaminated Soil Removal Contingency 1,500,000.00
Total PCO 1,565,653.00
PCO Summary
(Part 1)
October 29th, 2025
Attn: Mr. Lamarr Mayo
Government of the District of Columbia
Capital Construction Services
3924 Minnesota Ave. NE
Washington, DC 20019
Reference: DCAM-24-CS-IFB-0016 (“IFB”)
Benning Road Waste Transfer Station - Abatement and Raze Building
ATMOS -PCO-10003 – Part 2
Subject: Unforeseen Conditions – Additional Unsuitable Soils Contingency
Dear Mr. Mayo,
Atmos Solutions, Inc is requesting your consideration of PCO# 10003 – Part 2 for unforeseen conditions
for additional unsuitable soils contingency. On May 8th, 2025, Atmos has been directed to proceeded with
soil sampling and testing. On September 5th, 2025, DGS reviewed and advised on the soil sample report
resulting out of the sampling previously mentioned. Therefore, we are reque sting DGS ’ review and
consideration for additional contingency to accommodate for unsuitable soils removal . Based on the soil
report submitted to DGS we are requesting an additional contingency for $1,500,000.00.
The Soil report states the following: “Contaminated soils encountered during demolition activities that are
excavated and need to be removed from the site as part of site development will need to be disposed of
appropriately at a landfill or treatment/disposal facility permitted to accept such wastes … Based on the
sampling results, the contaminated material will likely consist of non-hazardous, petroleum -impacted
material. The surficial concrete also appears to be petroleum-impacted and will need to be disposed of
properly.”
Should you have any questions or wish to discuss this matter further, please feel free to contact me directly
at (202)891-6959.
Sincerely,
______________________
Saad Moussamim
VP Design & Construction
ECS Mid-Atlantic, LLC
Proposal for Subsurface Sampling
Benning Road Transfer Station
3200 Benning Road NE, Washington, District of Columbia 20019
For: Atmos Solutions Inc.
6856 Eastern Ave NW, Suite 205, Washington, District of Columbia 20012
ECS Proposal Number 47:38274-EPR
March 28, 2025; April 7, 2025
See Contracting Officer response to
Atmos dated 8 May 2025.
This proposal shall not substitute as
the work plan submittal. Submit work
plan for review and approval.
March 28, 2025; April 7, 2025
Mr. Anthony Fernando
Atmos Solutions Inc.
6856 Eastern Ave NW
Suite 205
Washington, District of Columbia 20012
ECS Proposal No. 47:38274-EPR
Reference: Proposal for Subsurface Sampling, Benning Road Transfer Station, 3200 Benning Road NE,
Washington, District of Columbia
Dear Mr. Fernando:
ECS Mid-Atlantic, LLC (ECS) is pleased to provide Atmos Solutions Inc. (Client) with this proposal for
performing Subsurface Sampling for the Benning Road Transfer Station. The property is located at
3200 Benning Road NE in Washington, District of Columbia, District of Columbia 20019.This proposal
has been revised to reflect the additional analyses and boring location requested by DOEE and DGS.
Based on the information available, a property description is noted within the attached proposal
along with a description of our scope of services. Our proposal contains a summary of the relevant
information provided, a project schedule, and the estimated fees for completion of the proposed
services.
ECS appreciates the opportunity to be of service to you on this project. If you have any questions or
comments concerning this proposal or would like adjustments to our proposed scope of services or
schedule, please do not hesitate to contact us.
ECS Mid-Atlantic, LLC
William Scott Huber David J. Bookbinder, C.P.G.
Environmental Project Manager Environmental Principal
whuber@ecslimited.com dbookbinder@ecslimited.com
703-471-8400 703-471-8400
ECS Mid-Atlantic, LLC
14026 Thunderbolt Place, Suite 100, Chantilly, Virginia 20151 • T:703-471-8400
ECS Florida, LLC • ECS Mid-Atlantic LLC • ECS Midwest, LLC • ECS Pacific, Inc. • ECS Southeast, LLC • ECS Southwest, LLP
ECS New York Engineering, PLLC - An Associate of ECS Group of Companies • ecslimited.com
"ONE FIRM. ONE MISSION."
PROJECT INFORMATION AND SCOPE OF SERVICES
Project Description
The subject property is located at 3200 Benning Road NE in Washington, District of Columbia, District
of Columbia 20019. According to the District of Columbia Online GIS website, the subject property is
identified as Parcel Identification Number (PIN) 01690042, consists of 26.83 acres, and is owned by
The United States of America. Based on the available information, the subject property is developed
with the Benning Road Transfer Station which was originally constructed as an incinerator facility
in 1970 and has served as a drop-off location for solid waste disposal, bulk items, and recycling for
District residents. The facility transfer station building was reportedly damaged by a fire in 2021 and
is presently unoccupied.
ECS understands that the building will be demolished and the site regraded.
Scope of Services
Based on our understanding of the subject property and plans for future activities, ECS has prepared
the following Scope of Services to further investigate the site in anticipation of the upcoming
redevelopment project. This sampling is not designed or intended to be a comprehensive site
assessment of all environmental conditions beneath the site.
Pre-Assessment Activities
ECS will conduct the following pre-assessment activities:
• ECS will obtain a private space Soil Boring Permit from the Department of Buildings (DOB)
to allow the proposed borings and sampling to occur. As part of the permitting process, ECS
will complete and submit a work plan to the District of Columbia Department of Energy and
Environment (DOEE) for approval of the proposed sampling.
• ECS will contact District of Columbia 811 to locate public underground utilities at the site.
This notification requires minimum 72-hour response time, exclusive of holidays and
weekends. Please note that public utility location typically will only identify and mark
utilities from utility easements to the associated meters. However, our experience indicates
that District of Columbia 811 will not locate utilities beyond the point of distribution (meters
or gauge points) on private property.
• ECS will also contract with a private utility company to clear boring locations prior to drilling.
We will coordinate our test boring locations in order to avoid any underground utilities
indicated by the 811 center locating system. We will not be responsible for any private
utilities not pointed out to us by the land owner or client prior to drilling activities. If as-built
drawings showing locations of any subsurface utilities or conduits are available, please
provide them to ECS prior to mobilization for field work at the site.
Atmos Solutions Inc.
47:38274-EPR
ECS Mid-Atlantic, LLC
Page 1
No additional
asbuilts are
available other
than what has
been provided
in the IFB.
The noted 26.83 acres is larger than
the DPW plat. This appears to be land
owned by the NPS based on the
owner identified.
Contracting a private utility locator service is not a guarantee that all utilities within a
work site will be identified, but a service that is offered to lower the risk of the owner/
client. ECS and our clients have had great success in avoiding utility contact by augmenting
the 811 services with a private locator service. Private locator services can identify utility
alignments that incorporate significant iron content in the conduit materials. However,
private underground utilities that are less likely to be identified beyond the point of
distribution include utility lines containing predominantly non-ferrous material. Examples of
such lines include the following:
◦ Most sanitary sewer alignments,
◦ Copper or PVC water lines,
◦ Fiber optic lines without tracer ribbons,
◦ Copper electric lines, with no surface exposure,
◦ Drainage tiles/pipes, and
◦ Irrigation lines.
Where a private locator service identifies a potential risk that is not traceable through
conventional methods, ECS will attempt to work and resolve the issue. Additional costs
related to the resolution of these potential utility conflicts will be discussed with the client
prior to proceeding and invoiced out per our unit rates, as identified in this proposal, or as
negotiated and approved at the time of the occurrence.
Soil Sampling
Following receipt of the soil boring permit, ECS will advance up to ten (10) borings on the property.
The proposed boring locations are depicted on the attached boring location diagram.Five (5) borings
will be advanced along the exterior perimeter of the building, and four (4) borings will be advanced
within the building footprint. One (1) boring will be advanced inside the electrical substation area
to the south of the main building. ECS will advance the exterior borings with a track-mounted
Geoprobe to a depth of approximately 30 feet below existing surface grade, or probe refusal,
whichever occurs first. If unusual obstructions or suspicious voids are encountered that may be
considered evidence of an underground storage tank (UST), the boring will be halted in that
location and may be offset to avoid puncturing an existing tank.
The Geoprobe uses a hydraulic hammer to push a steel rod with a clear PVC sleeve into the ground
in 5-foot increments. The macrocore is then withdrawn from the ground and the sleeve removed
containing a relatively undisturbed soil core. The sleeve is cut open allowing examination
and sampling of the entire soil core. Discrete soil samples will be screened in 2.5-foot intervals
throughout the depth of each boring. Each soil sample will be screened in the field with a
photoionization detector (PID), which measures total volatile organic compounds (VOCs) emanating
from the sample.
Based on PID readings and field observations (i.e. staining or odors), two (2) soil samples will be
selected from each boring for laboratory analysis. If no obvious field evidence of contamination is
observed, a soil sample will be selected from shallow soils within the top 5 feet below surface of
the boring, and a second soil sample will be selected between a depth of 10 and 2 5 feet below
surface grade. Selected soil samples will be placed in laboratory-grade glassware, packed on ice and
Atmos Solutions Inc.
47:38274-EPR
ECS Mid-Atlantic, LLC
Page 2
DGS will not accept additional cost
for locating utilities or resolving utility
conflicts.
submitted under chain-of-custody protocol to an independent laboratory for analysis. The submitted
soil samples will be analyzed for total petroleum hydrocarbons gasoline-range organics (TPH GRO),
total petroleum hydrocarbons diesel-range organics (TPH DRO), VOCs, semi-volatile organic
compounds (SVOCs) , total Priority Pollutant (PP) 13 Metals, hexavalent chromium, per- and
polyfluoroalkyl substances (PFAS), dioxins, pesticides, total cyanide,phosphorus, and polychlorinated
biphenyls (PCBs) by EPA Method 8082.
Following completion, each boring will be grouted with a bentonite-cement mixture as required by
DOEE. Investigation-derived waste (IDW), including soil spoils, will be placed in 55-gallon drums and
stored onsite pending removal. At the conclusion of the sampling, one composite soil sample will
be collected from the drummed materials and submitted for waste characterization analysis based
on the requirements of a local waste hauler and disposal company. Assuming that the drummed
materials are not classified as “hazardous waste” by disposal characterization testing, ECS will
contract with a waste hauler to have the drums removed and properly disposed of offsite.
Sub-Slab Sampling
ECS will utilize a core drill to penetrate the concrete slab at four (4) locations within the building.
Sub-slab soil samples will be collected using a manual hand auger or Geoprobe slide hammer
equipment to a depth of ten feet below the slab, unless refusal is encountered at a shallower
depth. Soil samples will be screened in 1-foot increments to the base of each boring. Soil samples
will be transferred to clean plastic bags, and the headspace will be screened for volatile organic
compounds (VOCs) using a photoionization detector (PID) equipped with a 10.6 electron-volt lamp.
Based on the field screening (i.e. staining, odors, etc.) and PID results, one soil sample will be selected
for laboratory analysis. If field screening does not indicate obvious evidence of impact, the soil sample
will be selected directly beneath the concrete slab. It is expected that power is not available at the site
so a portable generator will be used to provide power to the core drill and a lighting rig while working
within the building.
Selected soil samples will be packed into clean, laboratory-grade containers, labeled, packed on
ice, and submitted under chain-of-custody (COC) protocol to an independent laboratory for analysis.
Appropriate COC procedures will be utilized to track the samples from collection to final disposition.
Selected samples will be analyzed by the laboratory for TPH DRO, TPH GRO, VOCs, SVOCs, PP
13 metals, hexavalent chromium, PFAS, dioxins, pesticides, total cyanide, phosphorus, and PCBs.
Following sample collection, the borings will be backfilled with the excess spoils and/or bentonite
chips, and the four core drill holes in the slab will be restored with new concrete patch.
Concrete Sampling
ECS will collect four (4) surficial concrete samples from concrete hardscape located in exterior
areas of the subject property. The concrete will be pulverized for sampling purposes. The laboratory
will analyze the concrete samples collected for TPH DRO, TPH GRO, VOCs, SVOCs, PP 13 metals,
hexavalent chromium, PFAS, dioxins, pesticides, total cyanide, phosphorus, and PCBs.
Groundwater Sampling
Atmos Solutions Inc.
47:38274-EPR
ECS Mid-Atlantic, LLC
Page 3
Is it possible that
asphalt removed
from site could be
have been
contaminated with
non-fuel
contaminates
based on
proximity to
transfer station
waste stream?
Should asphalt be
sampled as well?
If saturated conditions indicative of groundwater are encountered in the exterior borings before the
borings are terminated, ECS will attempt to collect a groundwater sample from each of the boreholes.
Ultimately, the quantity and location of groundwater samples are dependent on subsurface
conditions. The groundwater samples will be collected by placing ten feet of temporary PVC well
screen at the base of the boring topped with solid riser pipe to the surface. The groundwater depth
will be gauged with an electronic interface probe (EIP), and groundwater samples will be collected
with an inertial or peristaltic pump with dedicated down-hole tubing. The groundwater samples will
be placed in laboratory-grade jars, packed on ice, and submitted to an independent laboratory for
analysis. Groundwater samples collected will be analyzed for TPH GRO, TPH DRO, VOCs, and SVOCs.
Any non-disposable equipment used will be decontaminated with a mixture of potable water and
Alconox and rinsed with potable water. This will include EIPs and submersible pumps. New
polyethylene tubing will be used at each well.
Reporting
Information obtained during the performance of the above-referenced environmental services will
be summarized in a written report. The written report will contain methodologies and procedures
utilized to perform the work, figures, and laboratory data. Laboratory data will be compared to the
applicable District Department of Energy and Environment standards. In addition, an opinion will be
provided as to whether additional sampling and/or evaluations would be warranted or required by
local, state, and/or federal regulatory agencies.
Out of Scope Items
During the performance of our Scope of Services, additional environmental issues beyond the Scope
of Services outlined within this proposal may be encountered. ECS may contact Atmos Solutions Inc.
to discuss the relevance and significance of the additional issues to determine if the observation
requires additional assessment, inclusion in our final report, or a modification to our contract.
Safety
ECS personnel are responsible for their own personal safety. While on site, if ECS personnel deem
a condition unsafe and the performance of our scope of services cannot be completed, you will be
notified of the unsafe condition. ECS personnel will not proceed further with the scope of services in
that area until the unsafe condition is corrected. Access delays associated with safety concerns may
result in additional fees.
PROJECT FEES AND SCHEDULE
Meetings
Meetings requested by Atmos Solutions Inc. beyond the Scope of Services outlined above will be
invoiced on a time and materials basis. Meetings after typical office hours (Monday through Friday 8
am to 5 pm) will be invoiced at 1.5 times the normal rate.
Atmos Solutions Inc.
47:38274-EPR
ECS Mid-Atlantic, LLC
Page 4
Project Fees
ECS will provide the proposed scope of services for the estimated fee of $65,653.00, except for
additional services selected by the client. This estimate is based on our best estimate of the time
required to complete the task. Pricing assumes work will be performed during normal business hours
(7am to 5pm) Monday through Friday. Any additional time and/or laboratory testing required will be
billed in accordance with our standard unit rates, as an additional fee.
Submitted charges for work are based on the number of units of work actually performed. If unusual
conditions are encountered that could affect t he p erformance o f t he p roject, w e w ould n otify you,
so that appropriate changes could be made to the Scope of Services and the cost estimate
adjusted accordingly, if necessary. It should be noted that meetings and consultation provided at the
request of the client, and beyond the scope of this proposal, will be billed in accordance with ECS's
standard fee schedule, as an additional fee. ECS assumes that the slab thickness is not greater than 8
inches. If the slab is greater than 8 inches, additional coring fees may apply. Based on site constraints
observed during the site walk on March 13, 2025, it is ECS's opinion that a drill rig will be ineffective in
maneuvering to the boring locations. Therefore, ECS recommends conducting the interior sampling
with manual equipment as proposed above.
Laboratory analysis is based on a standard 7 business day turnaround time. Laboratory analysis can
be rushed for a 3 business day turnaround time for an additional if requested. Rush analysis will only
be conducted at your request.
Estimated Fees
Qty Rate Unit Cost
Project Management and Coordination
Principal 6 $230.00 per hour $1,380.00
Project Manager 8 $140.00 per hour $1,120.00
DOEE Work Permit, DOEE
Work Plan
1 $2,500.00 lump sum $2,500.00
Activity Total $5,000.00
Field Work
Private Utility Locator 1 $600.00 lump sum $600.00
Geoprobe Rig 1 $2,900.00 per day $2,900.00
Grouting 1 $1,020.00 per day $1,020.00
Environmental Scientist 28 $105.00 per hour $2,940.00
PID Use 2 $100.00 per day $200.00
Oil/Water Interface Probe 1 $75.00 per day $75.00
Atmos Solutions Inc.
47:38274-EPR
ECS Mid-Atlantic, LLC
Page 5
The final DGS approved value will be
on a lump sump basis.
Qty Rate Unit Cost
Trip Charge 2 $75.00 per trip $150.00
Temporary Well Install 180 $6.00 per linear foot $1,080.00
Sampling Supplies and
Shipping
1 $400.00 per day $400.00
55-Gallon Drum 1 $150.00 each $150.00
Generator & Lighting 1 $225.00 per day $225.00
Sub-Slab Core Drilling 1 $2,300.00 per day $2,300.00
Concrete Patch Boreholes 4 $25.00 each $100.00
Drilling Equipment 1 $500.00 each $500.00
Drum Disposal 1 $975.00 each $975.00
Activity Total $13,615.00
Laboratory Analysis
Soil/Concrete/Groundwater
Analysis - TPH-DRO
26 $46.00 per sample $1,196.00
Soil/Concrete/Groundwater
Analysis - TPH-GRO
26 $36.00 per sample $936.00
Soil/Concrete/Groundwater
Analysis - VOCs
26 $82.00 each $2,132.00
Soil/Concrete/Groundwater
Analysis - SVOCs
26 $164.00 each $4,264.00
Soil/Concrete Analysis -
PP-13 Metals
20 $140.00 each $2,800.00
Soil/Concrete Analysis -
PCBs
20 $84.00 each $1,680.00
Soil/Concrete Analysis -
PFAS
20 $528.00 each $10,560.00
Soil/Concrete Analysis -
Hexavalent Chromium
20 $120.00 per sample $2,400.00
Soil/Concrete Analysis -
Pesticides
20 $101.00 each $2,020.00
Soil/Concrete Analysis -
Dioxins TCDD
20 $720.00 per sample $14,400.00
Atmos Solutions Inc.
47:38274-EPR
ECS Mid-Atlantic, LLC
Page 6
Qty Rate Unit Cost
Soil/Concrete Analysis -
Cyanide (Total)
20 $72.00 per sample $1,440.00
Soil/Concrete Analysis -
Phosphorus
20 $48.00 per sample $960.00
Activity Total $44,788.00
Reporting
Report 1
$2,250.00 lump sum $2,250.00
Activity Total $2,250.00
Grand Total $65,653.00
Project Schedule
ECS can begin the work immediately following your authorization to proceed. The Work Plan will
be submitted to DC Department of Buildings (DOB) within approximately one week of your written
authorization to proceed. Based on our experience with similar sites, the permit will take
approximately two to three weeks to obtain. Utility clearances will be performed and a tentative start
date will be scheduled while waiting for the permit approval from DOB.
The fieldwork is expected to begin within one week of receiving the DOB permit. It is anticipated that
the drilling activities will take two days to complete (1 day for the exterior and 1 day for the interior
(2 personnel).ECS assumes that appropriate arrangements will be made for site access. Samples will be
submitted to the laboratory within 24 hours after sample collection. Laboratory results are expected
within seven business days following receipt by the laboratory. The final report can be completed
within approximately two weeks of receiving results. Therefore, for time budgeting purposes, the
investigation can be completed in an approximately five-week timeframe following receipt of the
drilling permit, or approximately eight weeks total including three weeks for permit acquisition.
If areas of the property cannot be observed due to inaccessibility or unsafe conditions beyond the
control of ECS, ECS will wait until such time either that the area is accessible or the unsafe conditions
are corrected. If ECS must make additional visits to the site, a change order will be provided for our
additional fees.
If other items are required because of unexpected field conditions encountered in our fieldwork,
or because of a request for additional services, they would be invoiced as an agreed-to lump sum
fee or in accordance with the ECS Fee Schedule (available upon request) in effect at the time of the
service. Before expanding our scope of service that increased our fee, you would be informed of our
intentions for both your review and authorization.
Atmos Solutions Inc.
47:38274-EPR
ECS Mid-Atlantic, LLC
Page 7
LIMITATIONS AND ASSUMPTIONS
Conclusions and recommendations pertaining to environmental conditions at the subject site are
limited to the conditions observed at the time ECS personnel are onsite. The observations made
only represent the locations at the time and day of collection. This proposed scope of work is not
designed or intended to provide a comprehensive assessment of potential environmental impacts at
the subject property.
We have made the following assumptions in developing this proposal:
• The fee estimated for the proposed scope of services assumes work can be completed within
normal business hours. For work scheduled after hours and/or weekends, additional costs
may be applied. Prices are based on performing work on a non-holiday weekday during
normal business hours (7:00am – 5:00pm, Monday – Friday);
• Prices presented herein are valid for 60 days from the date of this proposal;
• One electronic version (PDF format) of the report will be provided upon completion of the
project. If requested, ECS will provide physical copies of the report for a nominal fee;
• Laboratory pricing is based on standard turnaround time (5-10 business days);
• Additional project work not specifically addressed by this proposal shall be charged at a time
and materials rate;
• DPT drilling was selected for timing and ease of access. It is assumed that borings can be
advanced to the desired depths indicated herein and sampling of soil and groundwater can
be collected using DPT drilling methods;
• ECS understands that these assessment activities are not being conducted for regulatory
purposes and are for general assessment purposes as part of due diligence activities.Should
assessment activities be requested for regulatory purposes, ECS can provide these services;
however, additional assessment activities and fees may be required;
• Additional work, if required, shall be authorized by the client prior to initiation; and,
• If requested, ECS can provide reliance letters for our reportsfor an additional fee of $250.00
per letter/entity . Future reliance offered by ECS would be bound to the same contracted
Terms & Conditions of Service agreed to between Atmos Solutions Inc. and ECS.
Atmos Solutions Inc.
47:38274-EPR
ECS Mid-Atlantic, LLC
Page 8
ECS list of
exclusions do
not apply to
DGS unless
specifically
agreed upon by
DGS.
PROPOSAL ACCEPTANCE
Please complete the Proposal Acceptance page and return one copy to ECS to indicate acceptance
of this proposal and to initiate services on the referenced project. The Client’s signature indicates
that he/she has the authority to bind the Client, that he/she has read or has had the opportunity to
read the accompanying Terms and Conditions of Service and agrees to be bound by such Terms and
Conditions of Service.
Atmos Solutions Inc.
47:38274-EPR
ECS Mid-Atlantic, LLC
Page 9
Proposal Acceptance Form
Service Initial
Subsurface Sampling ($65,653.00)
PROPOSAL INFORMATION
ECS Proposal Number 47:38274-EPR dated March 28, 2025; April 7, 2025
Scope of Work Subsurface Sampling
Location 3200 Benning Road NE, Washington, District of
Columbia 20019
CLIENT INFORMATION
Signature - Authorized Representative
for Entity Responsible for Payment
Print or Type Name of Client and
Company
Date of Execution
Proposal Addressee - Name Anthony Fernando
Proposal Addressee - Company Atmos Solutions Inc.
INVOICE INFORMATION
Please Print or Type Below if Invoice Addressee Different Than Proposal Addressee
or Special Invoicing Instructions
Invoice Addressee - Name
Invoice Addressee - Company
Invoice Addressee - Street Address 1
Invoice Addressee - Street Address 2
Invoice Addressee - City, State, Zip Code
Invoice Addressee - Email
Invoice Addressee - Phone Number
Purchase Order Number
Client Project/Account Number
Pay Application Required
Atmos Solutions Inc.
47:38274-EPR
ECS Mid-Atlantic, LLC
Page 10
TERMS AND CONDITIONS
The attached “Terms and Conditions of Service” are an integral part of our proposal. These terms
and conditions represent the current recommendations of the Geoprofessional Business Association
(GBA), the Consulting Engineers’ Council, and the Geotechnical Division of the American Society of
Civil Engineers.
Our insurance carrier requires that we have a signed contract prior to the release of any information.
This letter is the agreement for our services. Your acceptance of this proposal should be indicated by
signing and returning the enclosed Proposal Acceptance form to us.
Atmos Solutions Inc.
47:38274-EPR
ECS Mid-Atlantic, LLC
Page 11
Page 1 of 3 Ver. 06/14/13
ECS MID-ATLANTIC LLC
TERMS AND CONDITIONS OF SERVICE
The professional services ( “Services”) to be provided by ECS Mid-Atlantic LLC (“ECS”)
pursuant to the Proposal shall be provided in accordance with the se Terms and Conditions
of Service (“Terms”), including any addenda as may be incorporated or referenced in writing
and shall form the Agreement between ECS and CLIENT.
1.0 INDEPENDENT CONSULTANT STATUS - ECS shall serve as an independent
professional consultant to CLIENT for Services on the Project and shall have control over ,
and responsibility for , the means and methods for providing the Services identified in the
Proposal, including the retention of Subcontractors and Subconsultants
2.0 SCOPE OF SERVICES - It is understood that the fees, reimbursable expenses
and time schedule defined in the Proposal are based on information provided by CLIENT
and/or CLIENT’S , agents, contractors and consultants (“Contractors”). CLIENT
acknowledges that if this information is not current, is incomplete or inaccurate, if conditions
are discovered that could not be reasonably foreseen, or if CLIENT orders additional
services, the scope of services will change, even while the Services are in progress.
3.0 STANDARD OF CARE
3.1 In fulfilling its obligations and responsib ilities enumerated in the Proposal,
ECS shall be expected to comply with and its performance evaluated in light
of the standard of care expected of professionals in the industry performing
similar services on projects of like size and complexity at that ti me in the
region (the “Standard of Care”). Nothing contained in the Proposal, the
agreed-upon scope of Services, these Terms or any ECS report, opinion, plan
or other document prepared by ECS shall c onstitute a warranty or guarantee
of any nature whatsoever.
3.2 CLIENT understands and agrees that ECS will rely on the facts learned from data
gathered during performance of Services as well as those facts provided by the
CLIENT and/or CLIENT’S contractors and consultants. CLIENT acknowledges that
such data co llection is limited to specific areas that are sampled, bored, tested,
observed and/or evaluated . Consequently, CLIENT waives any and all claims
based upon erroneous facts provided by the CLIENT, facts subsequently learned or
regarding conditions in areas not specifically sampled, bored, tested, observed or
evaluated by ECS.
3.3 If a situation arises that causes ECS to believe compliance with CLIENT’S directives
would be contrary t o sound engineering practices, would violate applicable laws,
regulations or codes, or will expose ECS to legal claims or charges, ECS shall so
advise CLIENT. If ECS’ professional judgment is rejected, ECS shall have the right
to terminate its Services in accordance with the provisions of Section 25.0, below.
3.4 If CLIENT dec ides to disregard ECS’ recommendations with respect to complying
with applicable laws or regulations, ECS shall determine if applicable law requires
ECS to notify the appropriate public officials. CLIENT agrees that such
determinations are ECS’ sole right to make.
4.0 CLIENT DISCLOSURES
4.1 Where the S ervices requires ECS to penetrate a surface, CLIENT shall furnish
and/or shall direct CLIENT’S or CLIENT’S Contractors to furnish ECS information
identifying the type and location of utility lines and other man-made objects known,
suspected, or assumed to be located beneath or behind the Site's surface . ECS
shall be entitled to rely on such information for completeness and accuracy without
further investigation, analysis, or evaluation.
4.2 “Hazardous Materials” shall include but not be limited to any substance that poses
or may pose a present or potential hazard to human health or the environment
whether contained in a product, material, by-product, waste, or sample, and whether
it exists in a solid, liquid , semi-solid or gaseous form . CLIENT shall notify ECS of
any known, assumed, or suspected regulated , contaminated, or other similar
Hazardous Materials that may exist at the Site prior to ECS mobilizing to the Site.
4.3 If any Hazardous Materials are disco vered, or are reasonably suspected by ECS
after its Services begin, ECS shall be entitled to amend the scope of Services and
adjust its fees or fee schedule to reflect any additional work or personal protective
equipment and/or safety precautions required by the existence of such Hazardous
Materials.
5.0 INFORMATION PROVIDED BY OTHERS - CLIENT waives, releases and
discharges ECS from and against any claim for damage, injury or loss allegedly arising out
of or in connection with errors, omissions, or inaccur acies in documents and other
information in any form provided to ECS by CLIENT or CLIENT’s Contractors, including
such information that becomes incorporated into ECS documents.
6.0 CONCEALED RISKS - CLIENT acknowledges that special risks are inherent in
sampling, testing and/or evaluating concealed conditions that are hidden from view and/or
neither readably apparent nor easily accessible, e.g., subsurface conditions, conditions
behind a wall, beneath a floor , or above a ceiling. Such circumstances require that certain
assumptions be made regarding existing conditions, which may not be verifiable without
expending additional sums of money or destroying otherwise adequate or serviceable
portions of a building or component thereof. Accordingly, ECS shall not b e responsible for
the verification of such conditions unless verification can be made by s imple visual
observation. CLIENT agrees to bear any and all costs, losses, damages and expenses
(including, but not limited to, the cost of ECS’ additional s ervices) in any way arising from or
in connection with the existence or discovery of such concealed or unknown conditions.
7.0 RIGHT OF ENTRY/DAMAGE RESULTING FROM SERVICES
7.1 CLIENT warrants that it possess es the authority to grant ECS right of entry to the
site for the performance of Services. CLIENT hereby grants ECS and its agents,
subcontractors and/or subconsultants (“Subconsultants”) , the right to enter from
time to time onto the property in order for ECS to perform its Services. CLIENT
agrees to indemnify and hold ECS and its Subconsultants harmless from any claims
arising from allegations that ECS trespassed or lacked authority to access the Site.
7.2 CLIENT warrants that i t possesses all necessary permits , licenses and/or utility
clearances for the S ervices to be provided by ECS e xcept where ECS’ Proposal
explicitly states that ECS will obtain such permits, licenses, and/or utility clearances.
7.3 ECS will take reasonable precautions to limit damage to the Site and its
improvements during the performance of its Services. CLIENT understands that the
use of exploration, boring, sampling, or testing equipment may cause damage to the
Site. T he correction and restoration of such common damage is CLIENT’S
responsibility unless specifically included in ECS’ Proposal.
7.4 CLIENT agrees that it will not bring any claims for liability or for injury or loss against
ECS arising from (i) procedures associated with the exploration, sampling or testing
activities at the Site , (ii) discovery of Hazardous Materials or su spected Hazardous
Materials, or (iii) ECS’ findings, conclusions, opinions, recommendations, plans,
and/or specifications related to discovery of contamination.
8.0 UNDERGROUND UTILITIES
8.1 ECS shall exercise the Standard of Care in evaluating client -furnished information
as well as information readily and customarily available from public utility locating
services (the “Underground Utility Information”) in its effort to identify underground
utilities. The extent of such evaluations shall be at ECS’ sole discretion.
8.2 CLIENT recognizes that the Underground Utility Information provided to or obtained
by ECS may contain errors or be incomplete. CLIENT understands that ECS may
be unable to identify the locations of all subsurface utility lines and man -made
features.
8.3 CLIENT waives, releases, and discharges ECS from and against any claim for
damage, injury or loss allegedly arising from or related to subterranean structures
(pipes, tanks, cables, or other utilities, etc.) which are not called to ECS’ attent ion in
writing by CLIENT, not correctly shown on the Underground Utility Information
and/or not properly marked or located by the utility owners , governmental or quasi -
governmental locators, or private utility locating services as a result of ECS’ or ECS’
Subconsultant’s request for utility marking services made in accordance with local
industry standards.
9.0 SAMPLES
9.1 Soil, rock, water, building materials and/or other samples and sampling by-products
obtained from the Site are and remain the property of CLIENT. Unless other
arrangements are requested by CLIENT and mutually agreed upon by ECS in
writing, ECS will retain samples not consumed in laboratory testing for up to sixty
(60) calendar days after the first issuance of any document containing data obtained
from such samples. Samples consumed by laboratory testing procedures will not be
stored.
9.2 Unless CLIENT directs otherwise, and excluding those issues covered in Section
10.0, CLIENT authorizes ECS to dispose of CLIENT’S non -hazardous samples and
sampling or testing by-products in accordance with applicable laws and regulations.
10.0 ENVIRONMENTAL RISKS
10.1 When Hazardous Materials are known, assumed, suspected to exist, or discovered
at the Site, ECS will endeavor to protect its employees and address public health,
safety, and environmental issues in accordance with the Standard of Care. CLIENT
agrees to compensate ECS for such efforts.
10.2 When Hazardous Materials are known, assumed, or suspected to exist , or
discovered at the Site, ECS and/or ECS’ subcontractors will exercise the Standard
of Care in containerizing and labeling such Hazardous Materials in accordance with
applicable laws and regulations, and will leave the containers on Site . CLIENT is
responsible for the retrieval , removal, transport and disposal of such contaminated
samples, and sampling process byproducts in accordance with applicable law and
regulation.
10.3 Unless explicitly stated in the Scope of Services, ECS will neither subcontract for
nor arrange for the transport, disposal, or treatment of Hazardous Materials. At
CLIENT’S written request, ECS may assist CLIENT in identifying appropriate
alternatives for transport, off-site treatment, storage, or disposal of such substances,
but CLIENT shall be solely responsible f or the final selection of methods and firms
to provide such services . CLIENT shall sign all manifests for the disposal of
substances affected by contaminants and shall otherwise exercise prudence in
arranging for lawful disposal.
10.4 In those instances where ECS is expressly retained by CLIENT to assist CLIENT in
the disposal of Hazardous Materials, samples, or wastes as part of the Proposal ,
ECS shall do so only as CLIENT’S agent (notwithstanding any o ther provision of
this Agreement to the contrary). ECS will not assume the role of, nor be considered
a generator, storer, transporter, or disposer of Hazardous Materials.
10.5 Subsurface sampling may result in unavoidable cross -contamination of certain
subsurface areas, as when a probe or excavation/boring device moves through a
contaminated zone and links it to an aquifer, underground stream, pervious soil
stratum, or other hydrous body not previously contaminated, or connects an
uncontaminated zone with a contaminated zone. Because sampling is an essent ial
element of the Services indicated herein, CLIENT agrees this risk cannot be
eliminated. Provided such services were performed in accordance with the
Standard of Care, CLIENT waives, releases and discharges ECS from and against
any claim for damage, in jury, or loss allegedly arising from or related to such cross -
contamination.
10.6 CLIENT understands that a Phase I Environmental Site Assessment (ESA) is
conducted solely to permit ECS to render a professional opinion about the likelihood
of the site hav ing a Recognized Environmental Condition on, in, beneath, or near
the Site at the time the Services are conducted. No matter how thorough a Phase I
ESA study may be, findings derived from its conduct are highly limited and ECS
cannot know or state for an absolute fact that the Site is unaffe cted or adversely
affected by one or more Recognized Environmental Conditions. CLIENT represents
and warrants that it understands the limitations associated with Phase I ESAs.
ECS terms and conditions do not
apply to DGS unless specifically
agreed upon by DGS.
Page 2 of 3 Ver. 06/14/13
11.0 OWNERSHIP OF DOCUMENTS
11.1 ECS shall be deemed the author and owner (or licensee) of all documents, technical
reports, letters, photos, boring logs, field data, field notes, laboratory test data,
calculations, designs, plans, specifications, reports, or similar documents and
estimates of any kind furnished by it [the “Documents of Service”] and shall retain all
common law, statutory and other reserved rights, including copyrights. CLIENT
shall have a limited, non -exclusive license to use copies of the Documents of
Service provided to it in c onnection with its Project for which the Documents of
Service are provided until the completion of the Project.
11.2 ECS’ Services are performed and Documents of Service are provided for the
CLIENT’S sole use. CLIENT understands and agrees that any us e of the
Documents of Service by anyone other than the CLIENT and its C ontractors is not
permitted. CLIENT further agrees to indemnify and hold ECS harmless for any
errors, omissions or damage resulting from its contractors’ use of ECS’ Documents
of Service.
11.3 Without ECS’ prior written consent, CLIENT agrees to not use ECS’ Documents of
Service for the Project if the Project is subsequently modified in scope, structure or
purpose. Any reuse without ECS’ written consent shall be at CLIENT’S sole risk
and without liability to ECS or its Subconsultants. CLIENT agrees to indemnify and
hold ECS harmles s for any errors, omissions or D amage resulting from its use of
ECS’ Documents of Service after any modification in scope, structure or purpose.
11.4 CLIENT agrees to not make any modification to the Documents of Service without
the prior w ritten authorization of ECS. To the fullest extent permitted by law,
CLIENT agrees to indemnify, defend, and hold ECS harmless from any damage,
loss, claim, liability or cost (including reasonable attorneys’ fees and defense costs)
arising out of or in connection with any unauthorized modification of the Documents
of Service by CLIENT or any person or entity that acquires or obtains the
Documents of Service from or throug h CLIENT. CLIENT represents and warrants
that the Documents of Service shall be used only as submitted by ECS.
12.0 SAFETY
12.1 Unless expressly agreed to in writing in its Proposal, CLIENT agrees that ECS shall
have no responsibility whatsoever for any aspect of site safety other than for its own
employees. N othing herein shall be construed to relieve CLIENT and/or its
Contractors from their responsibility for site safety. CLIENT also represents and
warrants that the General Contractor is solely responsi ble for Project site safety and
that ECS personnel may rely on the safety measures provided by the General
Contractor.
12.2 In the event ECS assumes in writing limited responsibility for specified safety
issues, the acceptance of such responsibilities does not and shall not be deemed an
acceptance of responsibility for any other non-specified safety issues, including, but
not limited to those relating to excavating, fall protection, shoring, drilling, backfilling,
blasting, or other construction activities.
13.0 CONSTRUCTION TESTING AND REMEDIATION SERVICES
13.1 CLIENT understands that construction testing and observation services are
provided in an effort to reduce, but can not eliminate, the risk of problems arising
during or after construction or remediati on. CLIENT agrees that the provision of
such Services does not create a warranty or guarantee of any type.
13.2 Monitoring and/or testing services provided by ECS shall not in any way relieve the
CLIENT’S contractor(s) from their responsibilities and o bligations for the quality or
completeness of construction as well as their obligation to comply with applicable
laws, codes, and regulations.
13.3 ECS has no responsibility whatsoever for the means, methods, techniques,
sequencing or procedures of constru ction selected, for safety precautions and
programs incident al to w ork or services provided by any contractor or other
consultant. ECS does not and shall not have or accept authority to supervise, direct,
control, or stop the work of any of CLIENT’S C ontractors or any of their
subcontractors.
13.4 ECS strongly recommends that CLIENT retain ECS to provide construction
monitoring and testing s ervices on a full time basis to lower the r isk of defective or
incomplete w ork being installed by CLIENT’S C ontractors. I f CLIENT el ects to
retain ECS on a part -time or on-call basis for any aspect of construction monitoring
and/or testing, CLIENT accepts the risk that a lower level of construction quality
may occur and that defective or incomplete w ork may result and not be detected by
ECS’ part time monitoring and testing in exchange for CLIENT’S receipt of an
immediate cost savings . Unless the CLIENT can show that ECS’ errors or
omissions are contained in ECS’ reports, CLIENT waives, releases and discharges
ECS from and against any other claims for errors, omissions, damages, injuries, or
loss alleged to arise from defective or incomplete w ork that was monitored or tested
by ECS on a part -time or on -call basis. Except as set forth in the preceding
sentence, CLIENT agrees to indemnify and hold ECS harmless from all D amages,
costs, and attorneys’ fees, for any claims alleging errors, omissions, damage, injury
or loss allegedly resulting from work that was monitored or tested by ECS on a p art-
time or on-call basis.
14.0 CERTIFICATIONS - CLIENT may request, or governing jurisdictions may require,
ECS to provide a “certification” regarding the Services provided by ECS. Any “certification”
required of ECS by the CLIENT or jurisdiction(s) having authority over some or all a spects
of the Project shall consist of ECS’ inferences and professional opinions based on the
limited sampling, observations, tests, and/or analyses performed by ECS at discrete
locations and times. Such “certifications” shall constitute ECS’ professional opinion of a
condition's existence, but ECS does not guarantee that such condition exists, nor does it
relieve other parties of the responsibilities or obligations such parties have with respect to
the possible existence of such a condition . CLIENT agrees it cannot make the resolution of
any dispute with ECS or payment of any amount due to ECS contingent upon ECS signing
any such “certification.”
15.0 BILLINGS AND PAYMENTS
15.1 Billings will be based on the unit rates, plus travel costs, and other reimbu rsable
expenses as stated in the professional f ees section of the Proposal . Any estimate
of professional fees stated shall not be considered as a not -to-exceed or lump sum
amount unless otherwise explicitly stated. CLIENT understands and agrees that
even if ECS agrees to a lump sum or not -to-exceed amount, that amount shall be
limited to number of hours, visits, trips, tests, borings, or samples stated in the
Proposal.
15.2 CLIENT agrees that all professional f ees and other unit rates may be adjusted
annually to account for inflation based on the most recent 12-month average of the
Consumer Price Index (CPI-U) for all items as established by www.bls.gov when the
CPI-U exceeds an annual rate of 2.0%.
15.3 Should ECS identify a Changed Condition (s), ECS sha ll notify the CLIENT of the
Changed Condition(s). ECS and CLIENT shall promptly and in good faith negotiate
an amendment to the scope of Services, professional fees, and time schedule.
15.4 CLIENT recognizes that time i s of the essence with respect to payment of ECS’
invoices, and that timely payment is a material consideration for this Agreement. All
payment shall be in U.S. funds drawn upon U.S. banks and in accordance with the
rates and charges set forth in the professional Fees. Invoices are due and payable
upon receipt.
15.5 If CLIENT disputes all or part of an invoice, CLIENT shall provide ECS with written
notice stating in detail the facts of the dispute within fifteen (15) calendar days of the
invoice date. CLIENT agrees to pay the undisputed amount of such invoice
promptly.
15.6 ECS reserves the right to charge CLIENT an additional charge of one -and-one-half
(1.5) percent (or the maximum percentage allowed by Law, whichever is lower) of
the invoiced amount per month for any payment received by ECS more than thirty
(30) calendar days from the date of the invoice, excepting any portion of the
invoiced amount in dispute. All p ayments will be applied to accrued interest first
and then to the unpaid principal amount. Payment of invoices shall not be subject
to unilateral discounting or set-offs by CLIENT.
15.7 CLIENT agrees that its obligation to pay for the Services is not contingent upon
CLIENT’S ability to obtain financing, zoning, approval of governmental or regulatory
agencies, permits, fina l adjudication of a lawsuit, CLIENT’S successful completion
of the Project, settlement of a real estate transaction, receipt of payment from
CLIENT’s client, or any other eve nt unrelated to ECS provision of Services .
Retainage shall not be withheld from any payment, nor shall any deduction be made
from any invoice on account of penalty, liquidated damages, or other sums incurred
by CLIENT. It is agreed that all costs and legal fees including actual attorney's fees,
and expens es incurred by ECS in obtainin g payment under this Agreement , in
perfecting or obtaining a lien, recovery under a bond, collecting any delinquent
amounts due, or executing judgments, shall be reimbursed by CLIENT.
15.8 Unless CLIENT has provided notice to ECS in accordance with Section 16.0 of
these Terms, payment of any invoice by the CLIENT shall mean that the CLIENT is
satisfied with ECS’ Services and is not aware of any defects in those Services.
16.0 DEFECTS IN SERVICE
16.1 CLIENT and CLIENT’s Contractors shall promptly inform ECS during active work on
any project of any actual or suspected defects in the Services so to permit ECS to
take such prompt, effective remedial measures that in ECS’ opinion will reduce or
eliminate the consequences of any such defect ive Services . The c orrection of
defects attributable to ECS’ failure to perform in accordance with the Standard of
Care shall be provided at no cost to CLIENT . However, ECS shall not be
responsible for the correction of any deficiency attributable to client -furnished
information, the errors, omissions, defective materials , or improper installation of
materials by CLIENT’s personnel, consultants or contractors , or work not observed
by ECS. CLIENT shall compensate ECS for the costs of correcting such defects.
16.2 Modifications to reports, documents and plans required as a result of jurisdictional
reviews or CLIENT requests shall not be considered to be def ects. CLIENT shall
compensate ECS for the provision of such Services.
17.0 INSURANCE - ECS represents that it and its subcontractors and subconsultants
maintain workers compensation insurance, and that ECS is covered by general liability,
automobile and professional liability insurance policies in coverage amounts it deems
reasonable and adequate. ECS shall furnish certificates of insurance upon request. The
CLIENT is responsible for requesting specific inclusions or limits of coverage that are not
present in ECS insurance package. The cost of such inclusions or coverage increases, if
available, will be at the expense of the CLIENT.
18.0 LIMITATION OF LIABILITY
18.1 CLIENT AGREES TO ALLOCATE CERTAIN RISKS ASSOCIATED WITH THE PROJECT BY LIMITING
ECS’ TOTAL LIABILITY TO CLIENT ARISING FROM ECS’ PROFESSIONAL LIABILITY, I.E.
PROFESSIONAL ACTS, ERRORS, OR OMISSIONS AND FOR ANY AND ALL CAUSES INCLUDING
NEGLIGENCE, STRICT LIABILITY , BREACH OF CONTRACT , OR BREACH OF WARRANTY ,
INJURIES, DAMAGES, CLAIMS, LOSSES, EXPENSES, OR CLAIM EXPENSES (INCLUDING
REASONABLE ATTORNEY’S FEES) RELATING TO PROFESSIONAL SERVICES PROVIDED UNDER
THIS AGREEMENT TO THE F ULLEST EXTENT PERMITTED BY LAW . THE ALLOCATION IS AS
FOLLOWS.
18.1.1 If the proposed fees are $10,000 or less, ECS’ total aggregate liability to
CLIENT shall not exceed $20,000, or the total fe e received for the services
rendered, whichever is greater.
18.1.2 If the proposed fees are i n excess of $ 10,000, ECS’ total aggregate liability to
CLIENT shall not exceed $5 0,000, or the total fee for the services rendered ,
whichever is greater.
18.2 CLIENT agrees that ECS shall not be responsible for any injury, loss or damage of
any nature, including bodily injury and property damage, arising directly or indirectly,
in whole or in part, from acts or omissions by the CLIENT, its employees, agents,
staff, consultants, contractors, or subcontractors to the extent such injury , damage,
or loss is caused by acts or omissions of CLIENT , its employees, agents, staff,
consultants, contractors, subcontractors or person/entities for whom CLIENT is
legally liable.
18.3 CLIENT agrees that ECS’ liability for all non-professional liability arising out of this
Agreement or the services provided as a result of the Proposal be limited to
$500,000.
19.0 INDEMNIFICATION
19.1 Subject to Section 18.0, ECS agrees to hold harmless and indemnify CLIENT from
and against damag es arising from ECS’ negligent performance of its Services, but
only to the extent that such damages are found to be caused by ECS’ negligent
Page 3 of 3 Ver. 06/14/13
acts, errors or omissions, (specifically excluding any damages caused by any third
party or by the CLIENT.)
19.2 To the fullest extent permitted by law, CLIENT agrees to indemnify , and hold ECS
harmless from and against any and all liability, claims, damages, demands, fines,
penalties, costs and expenditures (including reasonable attorneys’ fees and costs of
litigation defense and/or settlement) (“Damages”) caused in w hole or in part by the
acts, errors, or omissions of the CLIENT or CLIENT’s employees, agents , staff,
contractors, subcontractors , consultants, and clients, provided such Damages are
attributable to: (a) the bodily injury, personal injury, sickness, disease and/or death
of any person; (b) the injury to or loss of value to tangible personal property ; or (c) a
breach of these Terms. The foregoing indemnification shall not apply to the extent
such Damage is found to be caused by the sole negligence , errors, omissions or
willful misconduct of ECS.
19.3 It is specifically understood and agreed that in no case shall ECS be required to pay
an amount of Damages disproportional to ECS’ culpability . IF CLIENT IS A
HOMEOWNER, HOMEOWNERS’ ASSOCIATION, CONDOMINIUM OWNER,
CONDOMINIUM OWNER’S ASSOCIATION, OR SIMILAR RESIDENTIAL OWNER,
ECS RECOMMENDS THAT CLIENT RETAIN LEGAL COUNSEL BEFORE
ENTERING INTO THIS AGREEMENT TO EXPLAIN CLIENT’S RIGHTS AND
OBLIGATIONS HEREUNDER, AND THE LIMITATIONS, AND RESTRICTIONS
IMPOSED BY THIS AGREEMENT. CLIENT AGREES THAT FAILURE OF CLIENT
TO RETAIN SUCH COUNSEL SHALL BE A KNOWING WAIVER OF LEGAL
COUNSEL AND SHALL NOT BE ALLOWED ON GROUNDS OF AVOIDING ANY
PROVISION OF THIS AGREEMENT.
19.4 IF CLIENT IS A RESIDENTIAL BUILDER OR RESIDENTIAL DEVELOPER,
CLIENT SHALL INDEMNIFY AND HOLD HARMLESS ECS AGAINST ANY AND
ALL CLAIMS OR DEMANDS DUE TO INJURY OR LOSS INITIATED BY ONE OR
MORE HOMEOWNERS, UNIT-OWNERS, OR THEIR HOMEOWNER’S
ASSOCIATION, COOPERATIVE BOARD, OR SIMILAR GOVERNING ENTITY
AGAINST CLIENT WHICH RESULTS IN ECS BEING BROUGHT INTO THE
DISPUTE.
19.5 IN NO EVENT SHALL THE DUTY TO INDEMNIFY AND HOLD ANOTHER PARTY
HARMLESS UNDER THIS SECTION 19.0 INCLUDE THE DUTY TO DEFEND.
20.0 CONSEQUENTIAL DAMAGES
20.1 CLIENT shall not be liable to ECS and ECS shall not be liable to CLIENT for any
consequential damages incurred by either due to the fault of the other or their
employees, consultants, agents, contractors or subcontractors, regardless of the
nature of the fault or whether such liability arises in breach of contract or warranty,
tort, statute, or any other cause of action. Consequential damages include, but are
not limited to, loss of use and loss of profit.
20.2 ECS shall not be liable to CL IENT, or any entity engaged directly or indirectly by
CLIENT, for any liquidated damages due to any fault , or failure to act, in part or in
total by ECS, its employees, agents, or subcontractors.
21.0 SOURCES OF RECOVERY
21.1 All claims for damages related to the Services provided under this Agreement shall
be made against the ECS entity contracting with the CLIENT for the Services, and
no other person or entity. CLIENT agrees that it shall not name any affiliated entity
including parent, peer, or subsidia ry entity or any individual officer, director, or
employee of ECS.
21.2 In the event of any dispute or claim between CLIENT and ECS arising out of in
connection with the Project and/or the Services, CLIENT and ECS agree that they
will look solely to each other for the satisfaction of any such dispute or claim.
Moreover, notwithstanding anything to the contrary contained in any other provision
herein, CLIENT and ECS’ agree that their respective shareholders, principals,
partners, members, agents, directors, officers, employees, and/or owners shall have
no liability whatsoever arising out of or in connection with the Project and/or
Services provided hereunder. In the event CLIENT brings a claim against an
affiliated entity, parent entity, subsidiary entity, or individual officer, director or
employee in contravention of this Section 21, CLIENT agrees to hold ECS harmless
from and against all damages, costs, awards, or fees (including attorneys’ fees)
attributable to such act.
22.0 THIRD PARTY CLAIMS EXCLUSIO N - CLIENT and ECS agree that the Services
are performed solely for the benefit of the CLIENT and are not intended by either CLIENT or
ECS to benefit any other person or entity . To the extent that any other person or entity is
benefited by the Services, s uch benefit is purely incidental and such other person or entity
shall not be deemed a third party beneficiary to the A greement. No third-party shall have
the right to rely on ECS’ opinions rendered in connection with ECS’ Services without written
consent from both CLIENT and ECS, which shall include, at a minimum, the third -party's
agreement to be bound to the same Terms and Conditions contained herein and third -
party’s agreement that ECS’ Scope of Services performed is adequate.
23.0 DISPUTE RESOLUTION
23.1 In the event any claims, disputes, and other matters in question arising out of or
relating to these Terms or breach thereof (collectively referred to as “Disputes”), the
parties shall promptly attempt to resolve all such Disputes through executive
negotiation between senior representatives of both parties familiar with the Project.
The parties shall arrange a mutually convenient time for the senior representative of
each party to meet. Such meeting shall occur within fifteen calendar (15) days of
either party’s written request for executive negotiation or as otherwise mutually
agreed. Should this meeting fail to result in a mutually agreeable plan for resolution
of the Dispute, CLIENT and ECS agree that either party may bring litigation.
23.2 CLIENT shall make no claim (whether directly or in the form of a third -party claim)
against ECS unless CLIENT shall have first provided ECS with a written certification
executed by an independent engineer licensed in the jurisdiction in which the
Project is locate d, reasonably specifying each and every act or omission which the
certifier contends constitutes a violation of the Standard of Care. Such certificate
shall be a precondition to the institution of any judicial proceeding and shall be
provided to ECS thirty (30) days prior to the institution of such judicial proceedings.
23.3 Litigation shall be instituted in a court of competent jurisdiction in the county or
district in which ECS’ office contracting with the CLIENT is located . The parties
agree that the law applicable to these Terms and the Services provided pursuant to
the Proposal shall be the laws of the Commonwealth of Virginia, but excluding it s
choice of law rule s. Unless otherwise mutually agreed to in writing by both parties,
CLIENT waives the righ t to remove any litigation action to any other jurisdiction .
Both parties agree to waive any demand for a trial by jury.
24.0 CURING A BREACH
24.1 A party that believes the other has materially breached these Terms shall issue a
written cure notice identifying its alleged grounds for termination. Both parties shall
promptly and in good faith attempt to identify a cure for the alleged breach or
present facts showing the absence of such breach. If a cure can be agreed to or
the matter otherwise resolved within thirty (30) calendar days from the date of the
termination notice, the parties shall commit their understandings to writing and
termination shall not occur.
24.2 Either party may waive any right provided by these Terms in curing an actual or
alleged b reach; however, such waiver shall not affect future application of such
provision or any other provision.
25.0 TERMINATION
25.1 CLIENT or ECS may terminate this Agreement for breach, non-payment, or a failure
to cooperate. In the event of termination, the effecting party shall so notify the other
party in writing and termination shall become effective fourteen (14) calendar days
after receipt of the termination notice.
25.2 Irrespective of which party shall effect termination, or the cause therefore, ECS shall
promptly render to CLIENT a final invoice and CLIENT shall immediately
compensate ECS for Services rendered and costs incurred including those Services
associated with termination itself, including without limitation, demobilizing,
modifying schedules, and reassigning personnel.
26.0 TIME BAR TO LEGAL ACTION - Unless prohibited by law, and notwithstanding any
Statute that may provide additional protection, CLIENT and ECS agree that a lawsuit by
either party alleging a breach of this Agreement, violation of the Standard of Care, non-
payment of invoices, or arising out of the Services provided hereunder, must be initiated in
a court of competent jurisdiction no more than two (2) years from the time the party knew, or
should have known, of the facts and conditions giving rise to its claim, and shall under no
circumstances shall such lawsuit be initiated more than three (3) years from the date of
substantial completion of ECS’ Services.
27.0 ASSIGNMENT - CLIENT and ECS respectively bind themselves, their
successors, assigns, heirs, and legal representatives to the other party and the successors,
assigns, heirs and legal representatives of such other party with respect to all covenants of
these Terms. Neither CLIENT nor ECS shall assign these Terms, any rights thereunder, or
any cause of action arising therefrom, in whole or in part, without the written consent of the
other. Any purported assignment or transfer, except as permitted above, shall be deemed
null, void and invalid, the purported assignee shall acquire no rights as a result of the
purported assignment or transfer and the non-assigning party shall not recognize any such
purported assignment or transfer.
28.0 SEVERABILITY - Any provision of these Terms later held to violate any law, statute,
or regulation, shall be deemed void, and all remaining provisions shall continue in full force
and effect. CLIENT and ECS shall endeavor to quickly replace a voided provision with a
valid substitute that expresses the intent of the issues covered by the original provision.
29.0 SURVIVAL - All obligations arising prior to the termination of the agreement
represented by these Terms and all provisions allocating responsibility or liability between
the CLIENT and ECS shall survive the substantial completion of Services and the
termination of the Agreement.
30.0 TITLES; ENTIRE AGREEMENT
30.1 The titles used herein are for general reference only and are not part of the Terms.
30.2 These Terms together with the Proposal, including all exhibits, appendixes, and
other documents appended to it, constitute the entire agreement between CLIENT
and ECS (“Agreement”). CLIENT acknowledges that all prior understandings and
negotiations are superseded by this Agreement.
30.3 CLIENT and ECS agree that subsequent modifications to the A greement shall not
be binding unless made in writing and signed by authorized representative s of both
parties.
30.4 All preprinted terms and c onditions on CLIENT’S purchase order , Work
Authorization, or other service acknowledgement form s, are in applicable and
superseded by these Terms and Conditions of Service.
30.5 CLIENT’s execution of a Work Authorization, the submission of a start work
authorization (oral or written) or issuance of a purchase order constitutes CLIENT’s
acceptance of this Proposal and these Terms and their agreement to be fully bound
to them. I f CLIENT fails to provide ECS with a signed copy of th ese Terms or the
attached Work Authorization, CLIENT agrees that by authorizing and accepting the
services of ECS, it will be fully bound by these Terms as if they had been signed by
CLIENT.
Appendix I: Proposed Sample
Location Plan
Attachment B2
SWPPP Inspections
Potential Change Order
Project Name: DPW - Benning Road Transfer Station - Abatement and Demolition
AST #: DPW-012490-MISC
Project Address: 3200 BENNING ROAD NE WASHINGTON DC
PCO # 10004
Title 10004 - SWPPP Inspections
PCO Date 5/2/2025
Description of PCO SWPPP Inspections
Potential Change Reason DGS Request
Proposed Cost $46,425.00
Acknowledged Cost $46,425.00
Proposed Schedule
Impact (Days)
0
Acknowledged Schedule
Impact (Days)
0
Requested Revised
Substantial Completion
Date
Requested Revised Final
Completion Date
Justification Coordination with DOEE and EPA regarding necessary environmental
controls.
Location
Drawing Reference
Dwg No. Title Rev. No. Rev. Date
Specification Reference
Spec. No. Title Rev. No. Rev. Date
DGS Determination PCO accepted
IGE Cost $60,452.00
Funding Source Additional Funds Required
Funding Notes Request to use funds as part of council package.
May 2nd, 2025
Attn: Mr. Lamarr Mayo
Government of the District of Columbia
Capital Construction Services
3924 Minnesota Ave. NE
Washington, DC 20019
Reference: DCAM-24-CS-IFB-0016 (“IFB”)
Benning Road Waste Transfer Station - Abatement and Raze Building
ATMOS -PCO-10004
Subject: SWPPP Inspections
Dear Mr. Mayo,
Atmos Solutions, Inc is requesting your consideration of PCO#10004 for SWPPP Inspections for Benning
Road Waste Transfer Station - Abatement and Raze Building. These inspections are required by the AHJ
and a SWPPP plan was deemed necessary for permit issuance for Soil Disturbance to deliver the project.
Please, find attached Atmos breakdown attached including Atmos’ Project Management Fees, Overhead
and Profit and supporting subcontractor back-up documentation.
Should you have any questions or wish to discuss this matter further, please feel free to contact me directly
at (202)891-6959.
Sincerely,
______________________
Saad Moussamim
Senior Project Manager
Project Name
APPROVED
REVISE AND RESUBMIT
REJECTED
BY
SUBMITTAL#
DATE
SPEC
✔
LamarrMayo
9/9/2025
PCO 10004
SWPPP Inspectio
This review is only for general conformance of the project and general compliance.
Corrections or comments made on these drawings during this review do not relieve
Contractor/Subcontractor from compliance with the requirements of the Contract
Documents. Contractor is responsible for coordinating all dimensions, fabrication and
existing conditions with all other project information
APPROVED AS NOTED
Benning Road Transfer Station
REQUEST / CLARIFICATION / JUSTIFICATION
21,425.00$
46,425.00$ Change Order Total
SWPPP Inspections
SWPPP Inspections As Deemed Required by the AHJ
4,220.00$ Overhead & Profit (10%)
Atmos Project Management 20,780.00$
(202) 891-6959
DRAWING ID
Benning Road Transfer Station 10004 5/2/2025
Potential Change Order
PROJECT NAME Change Order # DATE OF REQUEST
25-003CT
Atmos Prject Number
Atmos Solutions Inc
6856 Eastern Avenue NW - Suite #205
Washington DC 20012
Point of Contact : Saad Moussamim
smoussamim@atmossolutionsinc.com
Change Order Overview SECTION(S) REFERENCED
SWPPP Inspections
Total
Cost Breakdown
Change Order Description
AUTHORIZATION FOR PROFESSIONAL SERVICES
ECS Mid-Atlantic, LLC
14026 Thunderbolt Place Phone: 703-471-8400
Suite 100
Chantilly, Virginia 20151
Fax: 703-834-5527
ECS is pleased to provide the professional services outlined in the proposed scope of services below . This contract confirms
your authorization for the services requested and your agreement to the incorporated Terms and Conditions under which
the services will be provided.
PROJECT INFORMATION
Project Name: 3200 Benning Road, NE Stormwater
Pollution Prevention Plan Inspections ECS Project No: TBD
Street Address: 3200 Benning Road, NE ECS Proposal No: 47:38943-EP
City, State: Washington, DC Zip Code: 20019
CLIENT INFORMATION
Firm: Atmos Solutions Inc Attn: Saad Moussamim
Email: smoussamin@atmossolutionsinc.com Phone: (202) 891-6959
Mailing Address: 6856 Eastern Ave., NW, Washington, DC 20012
PROPOSED SCOPE OF SERVICES
The project is demolishing and regrading the former Benning Road Transfer Station at 3200 Benning Road, NE in Washington,
DC. Approximately 6.5 acres will be disturbed by construction activities. Based on the U.S. Environmental Protection Agency
and the District of Columbia’s Department of Energy & Environment (DOEE) review of the project, the project is covered
under the Construction General P ermit (CGP) 2022 CGP . As part of the permit , the project must adhere to a Stormwater
Pollution Prevention Plan (SWPPP) that the Department approves . As a part of the permit obligations, the project requires
erosion and sediment (E&S) control and stormwater pollution prevention plan inspections until the sediment and erosion
control operations are complete.
ECS has prepared this proposal to address the inspection requirements identified in the Atmos Solutions Inc. Stormwater
Pollution Prevention Plan . ECS reserves the right to modify this proposal if project conditions change, which would impact
the scope of our work. Questions related to this proposal can be directed to Jeffrey Wojtala via email at
jwojtala@ecslimited.com or by phone at 571-376-4437.
Storm Water Pollution Prevention Plan (SWPPP) and E&S Monitoring:
SWPPP Inspections are required by the DOEE in accordance with 21 DCMR Chapter 5. SWPPP inspections shall be conducted
in general accordance with the 2022 CGP and the site SWPPP so long as the SWPPP is not substantially different from the 21
DCMR 500 and 2022 CGP requirements. A summary of the inspection requirements includes:
Qualifications and Frequency:
1. Site inspections conducted by qualified personnel identified by the operator in the SWPPP.
2. Based on the requirements in the approved plans, inspections shall be conducted at a frequency of every 14 calendar
days and within 24 hours of a storm event that produces 0.25 inches or more of precipitation within a 24-hour period
or a snowmelt event from a storm event that produces 3.25 inches of snow or more.
Inspection Requirements:
The inspector shall record:
1. The date and time of the inspection and, when applicable, the date and rainfall amount of the last measurable storm
event.
2. A description of discharges occurring at the time of the inspection.
3. Land-disturbing activities have occurred outside the approved erosion and sediment control plan.
4. The inspector shall review the installation of E&S controls per the approved E&S plan.
5. The inspector shall identify needed maintenance of E&S controls and evaluate the effectiveness of the controls in
minimizing sediment discharge, including whether the control has been inappropriately or incorrectly used .
6. The inspector shall evaluate areas that have reached final grade or that will remain dormant for more than 14 days
for initiation of stabilization activities.
7. The inspector shall observe for evidence that the approved E&S plan prepared following the Department’s approved
annual standards and specifications has been properly implemented.
8. The inspector shall evaluate pollutant-generating activities identified in the pollution prevention plan to ensure the
proper implementation of controls and the effectiveness of the prevention procedures and practices.
9. The inspector shall identify pollutant -generating activities not identified in the pollution prevention plan and the
presence of evidence of discharge of pollutants prohibited by the Code .
Inspection Report:
1. The inspection report will be prepared following the guidance outlined in the 21 DCMR 500 regulations and the
2022 CGP. ECS assumes the inspection forms for reporting will be provided to ECS in the site SWPPP. Additional
fees may apply if ECS is required to prepare base forms for use throughout the project .
2. The inspection report will summarize the inspection results, including the locations of prohibited discharges, E&S
control failures, areas where additional E&S controls are needed, and E&S controls that require maintenance .
3. The inspection report will list corrective actions required, including changes to the SWPPP that are necessary to
maintain permit compliance as a result of the inspection .
4. The report will document corrective actions required from a previous inspection that have not been implemented.
5. The report will include the date and signature of the qualified personnel and the operator or their duly authorized
representative.
6. The inspection will identify observed incidents of noncompliance.
7. If no noncompliance is observed, the report shall contain a certification that the construction activity is in compliance
with the SWPPP and the 21 DCMR 500 regulations.
PROFESSIONAL FEES: UNIT RATE
1. Project Coordination with Project Manager/Principal $775.00/Lump Sum
2. SWPPP Inspection M-F (Includes on-site time, travel, mileage,
scheduling, and report review; assumes 1x every 14 days visits) $350.00/Visit
3. SWPPP Inspection Sa-Su, Holidays (Includes on-site time, travel, mileage,
scheduling, and report review; assumes visit after measurable rain event) $525.00/Visit
ESTIMATED COSTS BASED ON 78 WEEKS OF CONSTRUCTION (59 SITE INSPECTIONS M-F) $ 21,425.00
The services described above will be billed according to the rates above. For this proposal, ECS estimated SWPPP inspections
to be 78 weeks. This includes inspections every 14 calendar days . ECS is currently unaware of how many additional SWPPP
inspections will be necessary as a result of rain events. For budgeting purposes, ECS has assumed an additional 20 SWPPP
inspections to be conducted between Monday and Friday. SWPPP inspections requested beyond 5 9 site inspections or on
weekends/holidays will be billed at the unit rate s provided above as an additional fee. It is assumed that standard weekly
inspections will occur Monday through Friday between normal business hours of 7:00 a.m. and 5:00 p.m. Inspections to occur
after a measurable rain event on Saturday, Sunday, or holidays are assumed to occur between hours of 7:00 a.m. and 5:00
p.m. Only the actual weekend inspections conducted will be billed. Additional services requested will be billed following ECS’
unit rates in effect at the time of the request.
ECS assumes that badging will not be necessary. If badges are required for site access, the time associated with obtaining
badges will be billed as additional time and materials per ECS’s standard rates, and fees will be billed at cost. Additionally,
this scope does not include turbidity benchmark monitoring or dewatering sampling/observations.
Work Authorized By:
Signature: Date:
Print Name: Title:
Firm:
Signatory warrants his/her authority to bind the entity represented
For ECS Mid-Atlantic, LLC:
Signature:
Date: May 2, 2025
Project Manager: Jeffrey A Wojtala, CHMM
Signature:
Date: May 2, 2025
Principal: David J. Bookbinder, C.P.G.
ECS Proposal No. 47:38943-EP Page 1 of 3
ECS MID-ATLANTIC, LLC
TERMS AND CONDITIONS OF SERVICE
The professional services (the “Services”) to be provided by ECS MID-ATLANTIC, LLC [“ECS”]
pursuant to the Proposal shall be provided in accordance with the se Terms and Conditions of
Service (“Terms”), including any addenda as may be incorporated or referenced in writing shall
form the Agreement between ECS and Client.
1.0 INDEPENDENT CONSULTANT STATUS - ECS shall serve as an independent
professional consultant to CLIENT for Service on the Project, identified above, and shall have
control over, and responsibility for, the means and methods for providing the Services identified
in the Proposal, including the retention of Subcontractors and Subconsultants
2.0 SCOPE OF SERVICES - It is understood that the fees, reimbursable expenses
and time schedule defined in the Proposal are based on information provided by CLIENT and/or
CLIENT’S contractors and consultants. CLIENT acknowledges that if this information is not
current, is incomplete or inaccurate, if conditions are discovered that could not be reasonably
foreseen, or if CLIENT orders additional services, the scope of services will change, even while
the Services are in progress.
3.0 STANDARD OF CARE
3.1 In fulfilling its obligations and responsibilities enumerated in the Proposal, ECS
shall be expected to comply with and its performance evaluated in light of the
standard of care expected of professionals in the industry performing similar
services on projects of like size and complexity at that time in the region (the
“Standard of Care”). Nothing contained in the Proposal, the agreed -upon scope
of Services, these Terms and Conditions of Service or any ECS report, opinion,
plan or other document prepared by ECS shall constitute a warranty or guaranty
of any nature whatsoever.
3.2 CLIENT understands and agrees that ECS will rely on the facts learned from data
gathered during performance of Services as well as those facts provided by the CLIENT
and/or CLIENT’S contractors and consultants. CLIENT acknowledges that such data
collection is limited to specific areas that are sampled, bored, tested, observed and/or
evaluated. Consequently, CLIENT waives any and all claims based upon erroneous
facts provided by the CLIENT, facts subsequently learned or regarding conditions in
areas not specifically sampled, bored, tested, observed or evaluated by ECS.
3.3 If a situation arises that causes ECS to believe compliance with CLIENT’S directives
would be contrary to sound engineering practices, would violate applicable laws,
regulations or codes, or will expose ECS to legal claims or charges, ECS shall so advise
CLIENT. If ECS’ professional judgment is rejected, ECS shall have the right to terminate
its Services in accordance with the provisions of Section 25.0, below.
3.4 If CLIENT decides to disregard ECS’ recommendations with respect to complying with
applicable Laws or Regulations, ECS shall determine if applicable law requires ECS to
notify the appropriate public officials. CLIENT agrees that such determinations are ECS’
sole right to make.
4.0 CLIENT DISCLOSURES
4.1 Where the Scope of Servic es requires ECS to penetrate a Site surface, CLIENT shall
furnish and/or shall direct CLIENT’S consultant(s) or agent(s) to furnish ECS
information identifying the type and location of utility lines and other man-made objects
known, suspected, or assumed to be located beneath or behind the Site's surface. ECS
shall be entitled to rely on such information for completeness and accuracy without
further investigation, analysis, or evaluation.
4.2 “Hazardous Materials” shall include but not be limited to any substance that poses or
may pose a present or potential hazard to human health or the environment whether
contained in a product, material, by-product, waste, or sample, and whether it exists in
a solid, liquid, semi-solid or gaseous form . CLIENT shall notify ECS of any known,
assumed, or suspected regulated, contaminated, or other similar Hazardous Materials
that may exist at the Site prior to ECS mobilizing to the Site.
4.3 If any Hazardous Materials are discovered, or are reasonably suspected by ECS after
its Services begin, ECS shall be entitled to amend the scope of Services and adjust its
fees to reflect any additional work or personal protective equipment and/or safety
precautions required by the existence of such Hazardous Materials.
5.0 INFORMATION PROVIDED BY OTHERS - CLIENT waives, releases and
discharges ECS from and against any claim for damage, injury or loss allegedly arising out of
or in connection with errors, omissions, or inaccuracies in documents and other information in
any form provided to ECS by CLIENT or CLIENT’s agents, contractors, or consultants, including
such information that becomes incorporated into ECS documents.
6.0 CONCEALED RISKS - CLIENT acknowledges that special risks are inherent in
sampling, testing and/or evaluating concealed conditions that are hidden from view and/or
neither readably apparent nor easily accessible, e.g., subsurface conditions, conditions behind
a wall, beneath a floor, or above a ceiling. Such circumstances require that certain assumptions
be made regarding existing conditions, which may not be verifiable without expending additional
sums of money or des troying otherwise adequate or servic eable portions of a building or
component thereof. Accordingly, ECS shall not be responsible for the verification of such
conditions unless verification can be made by simple visual observation. Client agrees to bear
any and all costs, losses, damages and expenses (including, but not limited to, the cost of ECS’
Additional Services) in any way arising from or in connection with the existence or discovery of
such concealed or unknown conditions.
7.0 RIGHT OF ENTRY/DAMAGE RESULTING FROM SERVICES
7.1 CLIENT warrants that it possesses the authority to grant ECS right of entry to the Site
for the performance of Services. CLIENT hereby grants ECS and its subcontractors
and/or agents, the right to enter from time to time onto the property in order for ECS to
perform its Services. CLIENT agrees to indemnify and hold ECS harmless from any
claims arising from allegations that ECS trespassed or lacked authority to access the
Site.
7.2 CLIENT warrants that it possesses all necessary permits, licenses and/or utility
clearances for the Services to be provided by ECS except where ECS’ Proposal
explicitly states that ECS will obtain such permits, licenses, and/or utility clearances.
7.3 ECS will take reasonable precautions to limit damage to the Site and its improvements
during the performance of its Services. CLIENT understands that the use of exploration,
boring, sampling, or testing equipment may cause minor, but common, damage to the
Site. The correction and restoration of such common damage is CLIENT’S
responsibility unless specifically included in ECS’ Proposal.
7.4 CLIENT agrees that it will not bring any claims for liability or for injury or loss against
ECS arising from (i) procedures associated with the exploration, sampling or testing
activities at the Site, (ii) discovery of Hazardous Materials or suspected Hazardous
Materials, or (iii) ECS’ findings, conclusions, opinions, recommendations, plans, and/or
specifications related to discovery of contamination.
8.0 UNDERGROUND UTILITIES
8.1 ECS shall exercise the Standard of Care in evaluating client -furnished information as
well as information readily and customarily available from public utility locating services
(the “Underground Utility Information”) in its effort to identify underground utilities. The
extent of such evaluations shall be at ECS’ sole discretion.
8.2 CLIENT recognizes that the Underground Utility Information provided to or obtained by
ECS may contain errors or be incomplete. CLIENT understands that ECS may be
unable to identify the locations of all subsurface utility lines and man-made features.
8.3 CLIENT waives, releases, and discharges ECS from and against any claim for damage,
injury or loss allegedly arising from or related to subterranean structures (pipes, tanks,
cables, or other utilities, etc.) which are not called to ECS’ attention in writing by
CLIENT, not correctly shown on the Underground Utility Information and/or not properly
marked or located by the utility owners, governmental or quasi -governmental locators,
or private utility locating services as a result of ECS’ or ECS’ subcontra ctor’s request
for utility marking services made in accordance with local industry standards.
9.0 SAMPLES
9.1 Soil, rock, water, building materials and/or other samples and sampling by-products
obtained from the Site are and remain the property of CLIENT. Unless other
arrangements are requested by CLIENT and mutually agreed upon by ECS in writing,
ECS will retain samples not consumed in laboratory testing for up to sixty (60) calendar
days after the issuance of any document containing data obtained from such samples.
Samples consumed by laboratory testing procedures will not be stored.
9.2 Unless CLIENT directs otherwise, and excluding those issues covered in Section 10.0,
CLIENT authorizes ECS to dispose of CLIENT’S non-hazardous samples and sampling
or testing process by-products in accordance with applicable laws and regulations.
10.0 ENVIRONMENTAL RISKS
10.1 When Hazardous Materials are known, assumed, suspected to exist, or discovered at
the Site, ECS will endeavor to protect its employees and address public health, safety,
and environmental issues in accordance with the Standard of Care. CLIENT agrees to
compensate ECS for such efforts.
10.2 When Hazardous Materials are known, assumed, or suspected to exist , or discovered
at the Site, ECS and/or ECS’ subcontractors will exercise the Standard of Care in
containerizing and labeling such Hazardous Materials in accordance with applicable
laws and regulations, and will leave the containers on Site. CLIENT is responsible for
the retrieval, removal, transport and disposal of such contaminated samples, and
sampling process byproducts in accordance with applicable law and regulation.
10.3 Unless explicitly stated in the Scope of Services, ECS will neither subcontract for nor
arrange for the transport, disposal, or treatment of Hazardous Materials. At CLIENT’S
written request, ECS may assist CLIENT in identifying appropriate alternatives for
transport, off-site treatment, storage, or disposal of such substances, but CLIENT shall
be solely responsible for the final selection of methods and firms to provide such
services. CLIENT shall sign all manifests for the disposal of substances affected by
contaminants and shall otherwise exercise prudence in arranging for lawful disposal.
10.4 In those instances where ECS is expressly retained by CLIENT to assist CLIENT in the
disposal of Hazardous Materials, samples, or wastes as part of the Proposal, ECS shall
do so only as CLIENT’S agent (notwithstanding any other provision of this
AGREEMENT to the contrary). ECS will not assume the role of, nor be considered a
generator, storer, transporter, or disposer of Hazardous Materials.
10.5 Subsurface sampling may result in unavoidable cross-contamination of certain
subsurface areas, as when a probe or excavation/boring device moves through a
contaminated zone and links it to an aquifer, underground stream, pervious soil stratum,
or other hydrous body not previously contaminated, or connects an uncontaminated
zone with a contaminated zone. Because sampling is an essential element of the
Services indicated herein, CLIENT agrees this risk cannot be eliminated. Provided such
services were performed in accordance with the Standard of Care, CLIENT waives,
releases and discharges ECS from and against any claim for damage, injury, or loss
allegedly arising from or related to such cross-contamination.
10.6 CLIENT understands that a Phase I Environmental Site Assessment (ESA) is
conducted solely to permit ECS to render a professional opinion about the likelihood of
the site having a Recognized Environmental Condition on, in, beneath, or near the Site
at the time the Services are conducted. No matter how thorough a Phase I ESA study
may be, findings derived from its conduct are highly limited and ECS cannot know or
state for an absolute fact that the Site is unaffected or adversely affected by one or
more Recognized Environmental Conditions. CLIENT represents and warrants that it
understands the limitations associated with Phase I ESAs.
11.0 OWNERSHIP OF DOCUMENTS
11.1 ECS shall be deemed the author and owner (or licensee) of all documents, technical
reports, letters, photos, boring logs, field data, field notes, laboratory test data,
ECS Proposal No. 47:38943-EP Page 2 of 3 Ver. 06/14/13
calculations, designs, plans, specifications, reports, or similar documents and estimates
of any kind furnished by it [the “Documents of Service”] and shall retain all common
law, statutory and other reserved rights, including copyrights. CLIENT shall have a
limited, non-exclusive license to use copies of the Documents of Service provided to it
in connection with the Project for which the Documents of Service are provided until the
completion of the Project.
11.2 ECS’ Services are performed and Documents of Service are provided for the CLIENT’S
sole use. CLIENT understands and agrees that any use of the Documents of Service
by anyone other than the CLIENT , its licensed consultants and its contractors is not
permitted. CLIENT further agrees to indemnify and hold ECS harmless for any errors,
omissions or damage resulting from its contractors’ use of ECS’ Documents of Service.
11.3 CLIENT agrees to not use ECS’ Documents of Service for the Project if the Project is
subsequently modified in scope, structure or purpose without ECS’ prior written
consent. Any reuse without ECS’ written consent shall be at CLIENT’S sole risk and
without liability to ECS or to ECS’ subcontractor(s). CLIENT agrees to indemnify and
hold ECS harmless for any errors, omissions or damage resulting from its use of ECS’
Documents of Service after any modification in scope, structure or purpose.
11.4 CLIENT agrees to not make any modification to the Documents of Service without the
prior written authorization of ECS. To the fullest extent permitted by law, CLIENT agrees
to indemnify, defend, and hold ECS harmless from any damage, loss, claim, liability or
cost (including reasonable attorneys’ fees and defense costs) arisi ng out of or in
connection with any unauthorized modification of the Documents of Service by CLIENT
or any person or entity that acquires or obtains the Documents of Service from or
through CLIENT. CLIENT represents and warrants that the Documents of Service shall
be used only as submitted by ECS.
12.0 SAFETY
12.1 Unless expressly agreed to in writing in its Proposal, CLIENT agrees that ECS shall
have no responsibility whatsoever for any aspect of site safety other than for its own
employees. Nothing herein shall be construed to relieve CLIENT and/or its contractors,
consultants or other parties from their responsibility for site safety. CLIENT also
represents and warrants that the General Contractor is solely responsible for Project
site safety and that ECS personnel may rely on the safety measures provided by the
General Contractor.
12.2 In the event ECS assumes in writing limited responsibility for specified safety issues,
the acceptance of such responsibilities does not and shall not be deemed an
acceptance of responsibility for any other non-specified safety issues, including, but not
limited to those relating to excavating, trenching, shoring, drilling, backfilling, blasting,
or other construction activities.
13.0 CONSTRUCTION TESTING AND REMEDIATION SERVICES
13.1 CLIENT understands that construction testing and observation services are provided in
an effort to reduce, but can not eliminate, the risk of problems arising during or after
construction or remediation. CLIENT agrees that the provision of such Services does
not create a warranty or guarantee of any type.
13.2 Monitoring and/or testing s ervices provided by ECS shall not in any way relieve the
CLIENT’S contractor(s) from their responsibilities and obligations for the quality or
completeness of construction as well as their obligation to comply with applicable laws,
codes, and regulations.
13.3 ECS has no responsibility whatsoever for the means, methods, techniques, sequencing
or procedures of construction selected, for safety precautions and programs incidental
to work or services provided by any contractor or other consultant. ECS does not and
shall not have or accept authority to supervise, direct, control, or stop the work of any
contractor or consultant or any of their subcontractors or subconsultants.
13.4 ECS strongly recommends that CLIENT retain ECS to provide construction monitoring
and testing services on a full time basis to lower the risk of defective or incomplete Work
being installed by CLIENT’S contractor(s). If CLIENT elects to retain ECS on a part time
basis for any aspect of construction monitoring and/or testing, CLIENT accepts the risks
that a lower level of construction quality may occur and that defective or incomplete
work may result and not be detected by ECS’ part time monitoring and testing. Unless
the CLIENT can show that the error or omission is contained in ECS’ reports, CLIENT
waives, releases and discharges ECS from and against any other claims for errors,
omissions, damages, injuries, or loss alleged to arise from defective or incomplete work
that was monitored or tested by ECS on a part time basis. Except as set forth in the
preceding sentence, CLIENT agrees to indemnify and hold ECS harmless from all
damages, costs, and attorneys’ fees, for any claims alleging errors, omissions, damage,
injury or loss allegedly resulting from Work that was monitored or tested by ECS on a
part time basis.
14.0 CERTIFICATIONS - CLIENT may request, or governing jurisdictions may require,
ECS to provide a “certification” regarding the Services provided by ECS. Any “certification”
required of ECS by the CLIENT or jurisdiction(s) having authority over some or all aspects of
the Project shall consist of ECS’ inferences and professional opinions based on the limited
sampling, observations, tests, and/or analyses performed by ECS at discrete locations and
times. Such “certifications” shall constitute ECS’ professional opinion of a condition's existence,
but ECS does not guarantee that such condition exists, nor does it relieve other parties of the
responsibilities or obligations such parties have with respect to the possible existence of such
a condition. CLIENT agrees it cannot make the resolution of any dispute with ECS or payment
of any amount due to ECS contingent upon ECS signing any such “certification.”
15.0 BILLINGS AND PAYMENTS
15.1 Billings will be based on the unit rates, plus travel costs, and other reimbursable
expenses as stated in the Professional Fees section of the Proposal. Any Estimate of
Professional Fees stated in these Terms shall not be considered as a not-to-exceed or
lump sum amount unless otherwise explicitly stated. CLIENT understands and agrees
that even if ECS agrees to a lump sum or not -to-exceed amount, that amount shall be
limited to number of hours, visits, trips, tests, borings, or samples stated in the Proposal.
15.2 CLIENT agrees that all Professional Fees and other unit rates shall be adjusted
annually to account for inflation based on the most recent 12 -month average of the
Consumer Price Index (CPI- U) for all items as established by www.bls.gov when the
CPI-U exceeds an annual rate of 2.0%.
15.3 Should ECS identify a Changed Condition(s), ECS shall notify the CLIENT of the
Changed Condition(s). ECS and CLIENT shall promptly and in good faith negotiate an
amendment to the Scope of Services, Professional Fees, and time schedule.
15.4 CLIENT recognizes that time is of the essence with respect to payment of ECS’
invoices, and that timely payment is a material consideration for this agreement. All
payment shall be in U.S. funds drawn upon U.S. banks and in accordance with the rates
and charges set forth in the Professional Fees. Invoices are due and payable upon
receipt.
15.5 If CLIENT disputes all or part of an invoice, CLIENT shall provide ECS with written
notice stating in detail the facts of the dispute within fifteen (15) calendar days of the
invoice. CLIENT agrees to pay the undisputed amount of such invoice promptly.
15.6 ECS reserves the right to charge CLIENT an additional charge of one -and-one-half
(1.5) percent (or the maximum percentage allowed by Law, whichever is lower) of the
invoiced amount per month for any payment received by ECS more than thirty (30)
calendar days from the date of the invoice, excepting any portion of the invoiced amount
in dispute. All payments will be applied to accrued interest first and then to the unpaid
principal amount. Payment of invoices shall not be subject to unilateral discounting or
set-offs by CLIENT.
15.7 CLIENT agrees that its obligation to pay for the Services is not contingent upon
CLIENT’S ability to obtain financing, zoning, approval of governmental or regulatory
agencies, permits, final adjudication of a lawsuit, CLIENT’S successful completion of
the Project, settlement of a real estate transaction, receipt of payment from CLIENT’S
client, or any other event unrelated to ECS provision of Services. Retainage shall not
be withheld from any payment, nor shall any deduction be made from any invoice on
account of penalty, liquidated damages, or other sums incurred by CLIENT. It is agreed
that all costs and legal fees including actual attorney's fees, and expens es incurred by
ECS in obtaining payment under this Agreement , in perfecting or obtaining a lien,
recovery under a bond, collecting any delinquent amounts due, or executing judgments,
shall be reimbursed by CLIENT.
15.8 Unless CLIENT has provided notice to ECS in accordance with Section 16.0 of these
Terms, payment of any invoice by the CLIENT shall mean that the CLIENT is satisfied
with ECS’ Services and is not aware of any defects in those Services.
16.0 DEFECTS IN SERVICE
16.1 CLIENT, its personnel, its consultants, and its contractors shall promptly inform ECS
during active work on any project of any actual or suspected defects in the Services so
to permit ECS to take such prompt, effective remedial measures that in ECS’ opinion
will reduce or eliminate the consequences of any such defect ive Services. The
correction of defects attributable to ECS’ failure to perform in accordance with the
Standard of Care shall be provided at no cost to CLIENT . However, ECS shall not be
responsible for the correction of any deficiency attributable to CLIENT-furnished
information, the errors, omissions, defective materials, or improper installation of
materials by CLIENT’s personnel, consultants or contractors, or work not observed by
ECS. CLIENT shall compensate ECS for the costs of correcting such defects.
16.2 Modifications to reports, documents and plans required as a result of jurisdictional
reviews or CLIENT requests shall not be considered to be defects. CLIENT shall
compensate ECS for the provision of such Services.
17.0 INSURANCE - ECS represents that it and its subcontractors and subconsultants
maintain Workers Compensation insurance, and that ECS is covered by general liability,
automobile and professional liability insurance policies in coverage amounts it deems
reasonable and adequate. ECS shall furnish certificates of insurance upon request. The
CLIENT is responsible for requesting specific inclusions or limits of coverage that are not
present in ECS insurance package. The cost of such inclusions or coverage increases, if
available, will be at the expense of the CLIENT.
18.0 LIMITATION OF LIABILITY
18.1 CLIENT AGREES TO ALLOCATE CERTAIN RISKS ASSOCIATED WITH THE PROJECT BY LIMITING
ECS’ TOTAL LIABILITY TO CLIENT ARISING FROM ECS’ PROFESSIONAL LIABILITY, I.E.
PROFESSIONAL ACTS, ERRORS, OR OMISSIONS AND FOR ANY AND ALL CAUSES INCLUDING
NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY , INJURIES,
DAMAGES, CLAIMS, LOSSES, EXPENSES, OR CLAIM EXPENSES (INCLUDING REASONABLE
ATTORNEY’S FEES) RELATING TO PROFESSIONAL SERVICES PROVIDED UNDER THIS AGREEMENT
TO THE FULLEST EXTENT PERMITTED BY LAW. THE ALLOCATION IS AS FOLLOWS.
18.1.1 If the proposed fees are $10,000 or less, ECS’ total aggregate liability to CLIENT
shall not exceed $20 ,000, or the total fee received for the services rendered,
whichever is greater.
18.1.2 If the proposed fees are i n excess of $1 0,000, ECS’ total aggregate liability to
CLIENT shall not exceed $4 0,000, or the total fee for the services rendered,
whichever is greater.
18.2 CLIENT agrees that ECS shall not be responsible for any injury, loss or damage of any
nature, including bodily injury and property damage , arising directly or indirectly, in
whole or in part, from acts or omissions by the CLIENT, its employees, agents, staff,
consultants, contractors, or subcontractors to the extent such injury, damage, or loss is
caused by acts or omissions of CLIENT, its employees, agents, staff, consultants,
contractors, subcontractors or person/entities for whom CLIENT is legally liable.
18.3 CLIENT agrees that ECS’ liability for all non -professional liability arising out of this
agreement or the services provided as a result of the Proposal be limited to $500,000.
19.0 INDEMNIFICATION
19.1 Subject Section 18.0, ECS agrees to hold harmless and indemnify CLIENT from and
against damages arising from ECS’ negligent performance of its Services, but only
to the extent that such damages are found to be caused by ECS’ negligent acts,
errors or omissions, (specifically excluding any damages caused by any third party
or by the CLIENT.)
19.2 To the fullest extent permitted by Law, CLIENT agrees to indemnify, and hold ECS
harmless from and against any and all liability, claims, damages, demands, fines,
penalties, costs and expenditures (including reasonable attorneys’ fees and costs of
litigation defense and/or settlement) [“Damages”] caused in whole or in part by the
negligent acts, errors, or omissions of the CLIENT or CLIENT’S employees, agents,
staff, contractors, subcontractors, consultants, and clients, provided such Damages
are attributable to: (a) the bodily injury, personal injury, sickness, disease and/or
ECS Proposal No. 47:38943-EP Page 3 of 3 Ver. 06/14/13
death of any person; (b) the injury to or loss of value to tangible personal property;
or (c) a breach of these Terms. The foregoing indemnification shall not apply to the
extent such Damage is found to be caused by the sole negligence, errors, omissions
or willful misconduct of ECS.
19.3 It is specifically understood and agreed that in no case shall ECS be required to pay
an amount of Damages disproportional to ECS’ culpability . IF CLIENT IS A
HOMEOWNER, HOMEOWNERS’ ASSOCIATION, CONDOMINIUM OWNER, CONDOMINIUM OWNER’S
ASSOCIATION, OR SIMILAR RESIDENTIAL OWNER , ECS RECOMMENDS THAT CLIENT RETAIN
LEGAL COUNSEL BEFORE ENTERING INTO THIS AGREEMENT TO EXPLAIN CLIENT’S
RIGHTS AND OBLIGATIONS HEREUNDER, AND THE LIMITATIONS, AND RESTRICTIONS IMPOSED
BY THIS AGREEMENT. CLIENT AGREES THAT FAILURE OF CLIENT TO RETAIN SUCH
COUNSEL SHALL BE A KNOWING WAIVER OF LEGAL COUNSEL AND SHALL NOT BE ALLOWED ON
GROUNDS OF AVOIDING ANY PROVISION OF THIS AGREEMENT.
19.4 IF CLIENT IS A RESIDENTIAL BUILDER OR RESIDENTIAL DEVELOPER , CLIENT SHALL
INDEMNIFY AND HOLD HARMLESS ECS AGAINST ANY AND ALL CLAIMS OR DEMANDS DUE TO
INJURY OR LOSS INITIATED BY ONE OR MORE HOMEOWNERS , UNIT-OWNERS, OR THEIR
HOMEOWNER’S ASSOCIATION, COOPERATIVE BOARD, OR SIMILAR GOVERNING ENTITY AGAINST
CLIENT WHICH RESULTS IN ECS BEING BROUGHT INTO THE DISPUTE.
19.5 IN NO EVENT SHALL THE DUTY TO INDEMNIFY AND HOLD ANOTHER PARTY HARMLESS UNDER
THIS SECTION 19.0 INCLUDE THE DUTY TO DEFEND.
20.0 CONSEQUENTIAL DAMAGES
20.1 CLIENT shall not be liable to ECS and ECS shall not be liable to CLIENT for any
consequential damages incurred by either due to the fault of the other or their
employees, consultants, agents, contractors or subcontractors, regardless of the
nature of the fault or whether such liability arises in breach of contract or warranty,
tort, statute, or any other cause of action. Consequential damages include, but are
not limited to, loss of use and loss of profit.
20.2 ECS shall not be liable to CLIENT, or any entity engaged directly or indirectly by
CLIENT, for any liquidated damages due to any fault, or failure to act, in part or in
total by ECS, its employees, agents, or subcontractors.
21.0 SOURCES OF RECOVERY
21.1 All claims for damages related to the Services provided under this agreement shall
be made against the ECS entity contracting with the CLIENT for the Services, and
no other person or entity. CLIENT agrees that it shall not name any affiliated entity
including parent, peer, or subsidiary entity or any individual officer, director, or
employee of ECS, specifically including its professional engineers and geologists.
21.2 In the event of any dispute or claim between CLIENT and ECS arising out of in
connection with the Project and/or the Services, CLIENT and ECS agree that they
will look solely to each other for the satisfaction of any such dispute or claim.
Moreover, notwithstanding anything to the contrary contained in any other provision
herein, CLIENT and ECS’ agree that their respective shareholders, principals,
partners, members, agents, directors, officers, employees, and/or owners shall have
no liability whatsoever arising out of or in connection with the Project and/or Services
provided hereunder. In the event CLIENT brings a claim against an affiliated entity,
parent entity, subsidiary entity, or individual officer, director or employee in
contravention of this Section 21, CLIENT agrees to hold ECS harmless from and
against all damages, costs, awards, or fees (including attorneys’ fees) attributable to
such act.
22.0 THIRD PARTY CLAIMS EXCLUSION - CLIENT and ECS agree that the Services
are performed solely for the benefit of the CLIENT and are not intended by either CLIENT or
ECS to benefit any other person or entity. To the extent that any other person or entity is
benefited by the Services, such benefit is purely incidental and such other person or entity
shall not be deemed a third party beneficiary to the AGREEMENT. No third-party shall have
the right to rely on ECS’ opinions rendered in connection with ECS’ Services without written
consent from both CLIENT and ECS, which shall include, at a minimum, the third- party's
agreement to be bound to the same Terms and Conditions contained herein and third-party’s
agreement that ECS’ Scope of Services performed is adequate.
23.0 DISPUTE RESOLUTION
23.1 In the event any claims, disputes, and other matters in question arising out of or
relating to these Terms or breach thereof (collectively referred to as “Disputes”), the
parties shall promptly attempt to resolve all such Disputes through executive
negotiation between senior representatives of both parties familiar with the Project.
The parties shall arrange a mutually convenient time for the senior representative of
each party to meet. Such meeting shall occur within fifteen (15) days of either party’s
written request for executive negotiation or as otherwise mutually agreed. Should this
meeting fail to result in a mutually agreeable plan for resolution of the Dispute,
CLIENT and ECS agree that either party may bring litigation.
23.2 CLIENT shall make no claim (whether directly or in the form of a third-party claim)
against ECS unless CLIENT shall have first provided ECS with a written certification
executed by an independent engineer licensed in the jurisdiction in which the Project
is located, reasonably specifying each and every act or omission which the certifier
contends constitutes a violation of the Standard of Care. Such certificate shall be a
precondition to the institution of any judicial proceeding and shall be provided to ECS
thirty (30) days prior to the institution of such judicial proceedings.
23.3 Litigation shall be instituted in a court of competent jurisdiction in the county or district
in which ECS’ office contracting with the CLIENT is located. The parties agree that
the law applicable to these Terms and the Services provided pursuant to the
Proposal shall be the laws of the Commonwealth of Virginia, but excluding its choice
of law rules. Unless otherwise mutually agreed to in writing by both parties, CLIENT
waives the right to remove any litigation action to any other jurisdiction. Both parties
agree to waive any demand for a trial by jury.
24.0 CURING A BREACH
24.1 A party that believes the other has materially breached these Terms shall issue a
written cure notice identifying its alleged grounds for termination. Both parties shall
promptly and in good faith attempt to identify a cure for the alleged breach or present
facts showing the absence of such breach. If a cure can be agreed to or the matter
otherwise resolved within thirty (30) calendar days from the date of the termination
notice, the parties shall commit their understandings to writing and termination shall
not occur.
24.2 Either party may waive any right provided by these Terms in curing an actual or
alleged breach; however, such waiver shall not affect future application of such
provision or any other provision.
25.0 TERMINATION
25.1 CLIENT or ECS may terminate this agreement for breach or these terms, non -
payment, or a failure to cooperate. In the event of termination, the effecting party
shall so notify the other party in writing and termination shall become effective
fourteen (14) calendar days after receipt of the termination notice.
25.2 Irrespective of which party shall effect termination, or the cause therefore, ECS shall
promptly render to CLIENT a final invoice and CLIENT shall immediately
compensate ECS for Services rendered and costs incurred including those Services
associated with termination itself, including without limitation, demobilizing, modifying
schedules, and reassigning personnel.
26.0 TIME BAR TO LEGAL ACTION - Unless prohibited by law, and notwithstanding any
Statute that may provide additional protection, CLIENT and ECS agree that a lawsuit by
either party alleging a breach of this agreement, violation of the Standard of Care, non-
payment of invoices, or arising out of the Services provided hereunder, must be initiated in
a court of competent jurisdiction no more than two (2) years from the time the party knew, or
should have known, of the facts and conditions giving rise to its claim, and shall under no
circumstances shall such lawsuit be initiated more than three (3) years from the date of
substantial completion of ECS’ Services.
27.0 ASSIGNMENT - CLIENT and ECS respectively bind themselves, their
successors, assigns, heirs, and legal representatives to the other party and the successors,
assigns, heirs and legal representatives of such other party with respect to all covenants of
these Terms. Neither CLIENT nor ECS shall assign these Terms, any rights thereunder, or
any cause of action arising therefrom, in whole or in part, without the written consent of the
other. Any purported assignment or transfer, except as permitted above, s hall be deemed
null, void and invalid, the purported assignee shall acquire no rights as a result of the
purported assignment or transfer and the non-assigning party shall not recognize any such
purported assignment or transfer.
28.0 SEVERABILITY - Any provision of these Terms later held to violate any law, statute,
or regulation, shall be deemed void, and all remaining provisions shall continue in full force
and effect. CLIENT and ECS shall endeavor to quickly replace a voided provision with a valid
substitute that expresses the intent of the issues covered by the original provision.
29.0 SURVIVAL - All obligations arising prior to the termination of the agreement
represented by these Terms and all provisions allocating responsibility or liability between
the CLIENT and ECS shall survive the substantial completion of Services and the termination
of the agreement.
30.0 TITLES; ENTIRE AGREEMENT
30.1 The titles used herein are for general reference only and are not part of the Terms
and Conditions.
30.2 These Terms and Conditions of Service together with the Proposal, including all
exhibits, appendixes, and other documents appended to it, constitute the entire
agreement between CLIENT and ECS. CLIENT acknowledges that all prior
understandings and negotiations are superseded by this agreement.
30.3 CLIENT and ECS agree that subsequent modifications to the agreement represented
by these shall n ot be binding unless made in writing and signed by authorized
representatives of both parties.
30.4 All preprinted terms and c onditions on CLIENT’S purchase order , Work
Authorization, or other service acknowledgement forms, are inapplicable and
superseded by these Terms and Conditions of Service.
30.5 CLIENT’s execution of a Work Authorization, the submission of a start work
authorization (oral or written) or issuance of a purchase order constitutes CLIENT’s
acceptance of this Proposal and its agreement to be fully bound the foregoing Terms.
If CLIENT fails to provide ECS with a signed copy of th ese Terms or the attached
Work Authorization, CLIENT agrees that by authorizing and accepting the services
of ECS, it will be fully bound by these Terms as if they had been signed by CLIENT.
Attachment B3
DOEE L.U.S.T. Case Resolution
Potential Change Order
Project Name: DPW - Benning Road Transfer Station - Abatement and Demolition
AST #: DPW-012490-MISC
Project Address: 3200 BENNING ROAD NE WASHINGTON DC
PCO # 10007
Title 10007 - DOEE Lust Case Resolution
PCO Date 7/16/2025
Description of PCO DOEE Lust Case Resolution
Potential Change Reason DGS Request
Proposed Cost $102,128.00
Acknowledged Cost $102,128.00
Proposed Schedule
Impact (Days)
0
Acknowledged Schedule
Impact (Days)
0
Requested Revised
Substantial Completion
Date
Requested Revised Final
Completion Date
Justification DGS Request
Location
Drawing Reference
Dwg No. Title Rev. No. Rev. Date
Specification Reference
Spec. No. Title Rev. No. Rev. Date
DGS Determination PCO accepted
IGE Cost $108,900.00
Funding Source Additional Funds Required
Funding Notes
July 16th, 2025
Attn: Mr. Lamarr Mayo
Government of the District of Columbia
Capital Construction Services
3924 Minnesota Ave. NE
Washington, DC 20019
Reference: DCAM-24-CS-IFB-0016 (“IFB”)
Benning Road Waste Transfer Station - Abatement and Raze Building
ATMOS -PCO-10007
Subject: DOEE LUST Case Resolution
Dear Mr. Mayo,
Atmos Solutions, Inc is requesting your consideration of PCO# 10007 for DOEE LUST Case Resolution
for Benning Road Waste Transfer Station - Abatement and Raze Building . On February 23, 2021, the
District Department of Energy and Environment (DOEE) opened Leaking Underground Storage Tank
(LUST) Case #2021-015 for 3200 Benning Road NE and issued a directive letter for a Comprehensive Site
Assessment (CSA) and potential remediation activities. The LUST Case was opened due to the
contamination previously identified around the 4,000 gallon underground storage tank (UST).
This scope of services prepared for this proposal is based on the tasks Atmos and Subcontractor will
propose in the CSA Workplan to DOEE. In the event DOEE requests changes/modifications to the CSA
Workplan, this proposal will need to be revised to reflect changes to the scope, as necessary. Please, find
attached Atmos breakdown attached including Atmos’ Project Management Fees, Overhead and Profit ,
Bond and supporting subcontractor back-up documentation.
Should you have any questions or wish to discuss this matter further, please feel free to contact me directly
at (202)891-6959.
Sincerely,
______________________
Saad Moussamim
Senior Project Manager
Project Name
APPROVED
REVISE AND RESUBMIT
REJECTED
BY
SUBMITTAL#
DATE
SPEC
✔
LamarrMayo
9/9/2025
PCO 10007
DOEE LUST Case
This review is only for general conformance of the project and general compliance.
Corrections or comments made on these drawings during this review do not relieve
Contractor/Subcontractor from compliance with the requirements of the Contract
Documents. Contractor is responsible for coordinating all dimensions, fabrication and
existing conditions with all other project information
APPROVED AS NOTED
Benning Road Transfer Station
REQUEST / CLARIFICATION / JUSTIFICATION
46,460.00$
102,128.00$ Change Order Total
Comprehensive Site Assessment
DOEE Lust Case Resolution Directive
9,102.00$
2,002.00$
Overhead & Profit (10%)
Bond (2%)
Atmos Project Management 44,564.00$
(202) 891-6959
DRAWING ID
Benning Road Transfer Station 10007 7/16/2025
Potential Change Order
PROJECT NAME Change Order # DATE OF REQUEST
25-003CT
Atmos Prject Number
Atmos Solutions Inc
6856 Eastern Avenue NW - Suite #205
Washington DC 20012
Point of Contact : Saad Moussamim
smoussamim@atmossolutionsinc.com
Change Order Overview SECTION(S) REFERENCED
DOEE Lust Case Resolution
Total
Cost Breakdown
Change Order Description
ECS Mid-Atlantic, LLC
Proposal for Comprehensive Site Assessment
Benning Road Transfer Station
3200 Benning Road NE, Washington, District of Columbia 20019
For: Atmos Solutions Inc.
6856 Eastern Ave NW, Suite 205, Washington, District of Columbia 20012
ECS Proposal Number 47:39783-EP
July 11, 2025
July 11, 2025
Mr. Saad Moussamim
Atmos Solutions Inc.
6856 Eastern Ave NW
Suite 205
Washington, District of Columbia 20012
ECS Proposal No. 47:39783-EP
Reference: Proposal for Comprehensive Site Assessment, Benning Road Transfer Station, 3200
Benning Road NE, Washington, District of Columbia, District of Columbia
Dear Mr. Moussamim:
ECS Mid-Atlantic, LLC (ECS) is pleased to provide Atmos Solutions Inc. (Client) with this proposal for
performing a Comprehensive Site Assessment for the Benning Road Transfer Station. The property is
located at 3200 Benning Road NE in Washington, District of Columbia, District of Columbia 20019.
Based on the information available, a property description is noted within the attached proposal
along with a description of our scope of services.Our proposal contains a summary of the relevant
information provided, a project schedule, and the estimated fees for completion of the proposed
services.
ECS appreciates the opportunity to be of service to you on this project. If you have any questions or
comments concerning this proposalor would like adjustments to our proposed scope of services or
schedule, please do not hesitate to contact us.
ECS Mid-Atlantic, LLC
William Scott Huber David J. Bookbinder, C.P.G.
Environmental Project Manager Environmental Principal
whuber@ecslimited.com dbookbinder@ecslimited.com
703-471-8400 703-471-8400
ECS Mid-Atlantic, LLC
14026 Thunderbolt Place, Suite 100, Chantilly, Virginia 20151 • T:703-471-8400
ECS Florida, LLC • ECS Mid-Atlantic LLC • ECS Midwest, LLC • ECS Pacific, Inc. • ECS Southeast, LLC • ECS Southwest, LLP
ECS New York Engineering, PLLC - An Associate of ECS Group of Companies • ecslimited.com
"ONE FIRM. ONE MISSION."
PROJECT INFORMATION AND SCOPE OF SERVICES
Project Description
The subject property is located at 3200 Benning Road NE in Washington, District of Columbia 20019.
According to the District of Columbia Online GIS website, the subject property is identified as Parcel
Identification Number (PIN) 01690042, consists of 26.83 acres, and is owned by District of Columbia.
Based on the available information, the subject property is developed with the Benning Road
Transfer Station which was originallyconstructed as an incinerator facility in 1970 and has servedas
a drop-off location for solid waste disposal, bulk items, and recyclingfor District residents. The facility
transfer station building was reportedly damaged by a fire in 2021 and is presently unoccupied.ECS
understands that the building will be demolished and the site regraded.
On February 23, 2021, theDistrict Department of Energy and Environment (DOEE) opened Leaking
Underground Storage Tank (LUST) Case #2021-015 for 3200 Benning Road NEand issued a directive
letter for a Comprehensive Site Assessment (CSA) and potential remediation activities.The LUST Case
was opened due to the contamination previously identified around the 4,000 gallon underground
storage tank (UST). This scope of services prepared for this proposal is based on the tasks ECS will
propose in the CSA Workplan toDOEE. In the event DOEE requests changes/modifications to the CSA
Workplan, this proposal will need to be revised to reflect changes to the scope, as necessary. ECS will
not commence with the CSA activities until the CSA Workplan is approved by the DOEE UST Division.
Scope of Services
Work Plan and Soil Boring Permit
ECS will prepare a Work Plan for the Comprehensive Site Assessment. The purpose of this work is
to evaluate the subsurface environment, where accessible, to determine the impacts to subsurface
soils and groundwater and the extent of the potential release. The Work Plan will include a detailed
description of the soil boring installation, field screening methods, sampling methods, a timeline
for completion of the investigation, laboratory methods to be used, and quality assurance/quality
control methods to be used during the investigation. ECS will commence with the CSA activities upon
approval of the workplan by the DOEE UST Division.
Before advancing any borings, ECS will obtain the necessary Department of Buildings (DOB)permit
required for drilling boreholes at project sites within Washington, DC. Part of the permitting process
requires submitting a work plan to the DOEE Water Quality Division for review and approval.
Boring Advancement and Soil Sampling
ECS proposes collecting eight (8) soil samples and four (4) groundwater samples at the Sitefrom four
borings advanced in the vicinity of the UST. Each boring will beconverted to groundwater monitoring
wells. Figure 1 illustrates the proposed boring locations.
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Borings Maximum Depth (feet) SSL Address SB#
ECS-1 - ECS-4 30 PAR-0170-0004 3200 Benning Road NE TBD
* Upon completion, borings ECS-1, ECS-2, ECS-3, and ECS-4 will be converted into 2”
groundwater observation wells to assist with obtaining groundwater data.
ECS will prepare aHealth and Safety Plan (HASP) to limit the exposure of workers engaged in handling
impacted material at the property. The HASPwill be reviewed and signed by a Certified Industrial
Hygienist (CIH).
The borings will be drilledutilizing 4.25-inch hollow stem, continuous flight augersto a depth of25
feet below surface grade (bsg) or saturated conditions, whichever isencountered first. Theborings
will be performedutilizing an ATV or truck-mounted drill rig and will generate anapproximately 8-inch
annulus.
Prior to drilling we will contact Miss Utility to locate underground utilities at the site. We will
coordinate our test boring locations in order to avoid any underground utilities indicated by the Miss
Utility locating system.
During drilling operations, soil samples will be collected and screened for volatile organic compounds
throughout the depth of eachboring. Soil samples will be transferred to clean plastic bags, and
headspace screened using a properly calibrated photoionization detector (PID) equipped with a 10.6
electron-volt lamp per standard industry practice.Based on PID readings and other observations
(visual and olfactory), two soil samples from each boring will be selected for laboratory analysis. If
obvious field evidence of impact is not detected, one soil sample will be selected from approximately
ten (10) feet below surface grade or the depth just below the average petroleum underground
storage tank is installed, and the second soil sample selected directly above saturated conditions or
the base of the boring if saturated conditions are not encountered.The soil samples will be preserved
in the field in accordance with EPA Method 5035.
Selected soil samples will be packed into clean, laboratory-grade glass jars, packed onice, and
submitted under chain of custody to an independent National Environmental Laboratory
Accreditation (NELAC) certified laboratory under chain of custody documentation for analysis .
Laboratory analysis will include the following contaminants of concern (COC) identified in the
Directive Letter: total petroleum hydrocarbons gasoline-range organics and diesel-range organics
(TPH-GRO and TPH-DRO) by EPA Method 8015B, polycyclic aromatic hydrocarbons (PAHs) by EPA
Method 8270, Resource Conservation and Recovery Act (RCRA)8 metals by EPA method 6020, and
volatile organic compounds (VOCs) by EPA Method 8260B. The proposed sampling protocol will result
in a maximum of eight soil samples.
Investigation-derived wastes (IDWs) due to well construction, operation, maintenance, or
abandonment will be containerized and laboratory-tested for appropriate disposal. No disturbed
soils will be used as backfill.Soil and water generated as part of the sampling activities will be
collected into 55-gallon steel drums awaiting proper disposal.
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Monitoring Well Installation
Four groundwater monitoring wells (ECS-1through ECS-4)will be installed at the locationsidentified
on Figure 1.
Each well will be installedup to a maximumdepth of 25 feet. Depending on field observations,
monitoring wells will be constructedwith 10 to 15feet of well screen placed at the base of the boring,
with PVC riser extending to the surface. The wells will be completed withan outerisolation casingto
a depth of10 feet in accordance withDC well construction regulations. The wells will be completed
as 2-inch diameter PVC wells with 0.020-inch machine slot screen and PVC casing.
For the construction of each monitoring well, filter sand will be placed in the annulus around the
screened PVC and two feet above the top of the screen. A two-foot thick, low permeability seal
constructed of hydrated bentonite chips will then be placed on top of the sand. The bentonite will
be hydrated with potable water as it is poured into the annulus around the well, thereby ensuring
that the bentonite is properly hydrated. Powdered sodium-based bentonite andportland cement
slurry with a 60:40 mix ratio will then be placed using atremie pipe from the top of the bentonite
seal to the surface. Each well will be completed using a 5-inch diameter flush-mounted cover with
a galvanized steel sleeve. Portland cement mixture will be placed around and at the base of the
cover to prevent surface water infiltration and ensure the structural stability of the cover is suitable
to withstand vehicular traffic.
After installation, wells will be developed until a minimum of three well volumes have been removed
and the groundwater appears clear.The wells will then be allowed to stabilize for a minimum ofone
week. The top of well casings will be surveyed using an arbitrary datum point for the site.
Groundwater Sampling
Before collecting groundwater samples, the static water level from the wells will be measured with
an electronic interface probe (EIP) with a 100-foot tape. The top and bottom of the water column
will be gauged with the EIP todetermine if non-aqueous phase liquid (NAPL), either light or dense, is
present. If the EIPidentifies NAPL, the well will be checked with a clear disposablebailer to confirm
the results of the EIP and for visual and olfactory evaluation.In the event thatthe sample appears
to be something other than fuel, specialty analytical services will be considered todetermine the
nature of the product. If the wellcontains NAPL, it will not be sampled for organic compounds. Where
NAPLs are present, the surrounding groundwater can be reliably assumed to have concentrations
of chemical constituents of that product present at the limits of their saturation; these data alone
are satisfactory for evaluating groundwater treatment options (e.g. granular activated carbon life).
Additionally, the presence of NAPLs in a sample undergoing ordinary organic laboratory analysis
can damage the instrumentation or result in dilutions so high that meaningful comparison to
environmental standards is not possible.
Each groundwater sample will be collected using EPA low-flow sampling procedures, with the pump
set within the screened interval near the top of the well screen, using a peristaltic pump or a Grundfos
submersible sampling pump or QED Sample Pro bladder pump and a calibrated YSI 556MPS meter
(or equivalent) capable of monitoring groundwater parameters. As the purging is taking place, the
groundwater conditions in each well will bemonitored for stabilization. The order of well stabilization
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parameters will be pH, temperature, and specific conductance. These three parameters will then
be followed by oxidation-reduction potential, dissolved oxygen, and turbidity. Stabilization will be
achieved once the parameters equilibrate within 10% of the previous three parameter readings.
Once well stabilization is achieved, a groundwater sample will be collected from each monitoring well
into laboratory-grade glass jars with individual custody seals, placedimmediately on ice, packaged
in coolers with individual custody seals, andsubmitted to an independent National Environmental
Laboratory Accreditation (NELAC)-certified laboratory under chain-of-custody documentation for
analysis. One groundwater sample will be collected from each well for analysis of TPH-DRO and
TPH-GRO by EPA Method 8015B, PAHs by EPA Method 8270, RCRA metals by EPA method 6020, and
VOCs by EPA Method 8260B.
Any non-disposable equipment used will be decontaminated with a mixture of potable water and
Alconox and rinsed with potable water. This will include electronic interface probes and submersible
pumps. New, polyethylene tubing will be used at each well. All water generated as part of the
groundwater sampling will be collected into 55-gallon steel drums for later disposal at a properly
licensed facility.
Monitoring wells are intended to be permanently installedand will be abandonedin accordance with
Well Regulations 21 DCMR § 1830 and 1831 prior to future development of the propertyand approval
from DOEE.
Manhole Water Sampling
The client has informed ECS that an incident occurred on site on June 12, 2025. It was reported thata
crew from the communications utility provider Verizon inadvertently pumped an oil-like substance on
the ground while attempting to cut their underground cable. This surface spill impacted a Telecom
manhole located in the southwest area of the property. The client has requested that ECS collect a
water sample from this manhole to test for potential contamination. One samplewas collected from
the manhole for analysis of TPH-DRO via EPA Method 8015B and semi-volatile organic compounds
(SVOCs) via EPA Method 8270. Additional analyses may be performed if recommended by the
laboratory.
Reporting
Upon receipt of laboratory results, ECS will prepare a CSAreport containing a summary of the
sampling methodology, sampling results, a sample location map, laboratory data, as well as
conclusions and recommendations.A conceptual site model will be developed to assess potential
exposure routes for onsite and offsite receptors. The soil and groundwater sampling results will be
compared to their respective DC Tier 1 screening levels.
Out of Scope Items
During the performance of our Scope of Services, additional environmental issues beyond the Scope
of Services outlined within this proposal may be encountered. ECS may contact Atmos Solutions Inc.
to discuss the relevance and significance of the additional issues to determine if the observation
requires additional assessment, inclusion in our final report, or a modification to our contract.
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Safety
ECS personnel are responsible for their own personal safety. While on site, if ECS personnel deem
a condition unsafe and the performance of our scope of services cannot be completed, you will be
notified of the unsafe condition. ECS personnel will not proceed further with the scope of services in
that area until the unsafe condition is corrected.Access delays associated with safety concerns may
result in additional fees.
Utility Clearance
We will contact District of Columbia811 center to locate underground utilities at the site. However,
our experience indicates that811 center will not locate utilities beyond the point of distribution
(meters or gauge points) on private property. Therefore, we will also contract with a private utility
company to clear boring locations prior to drilling. We will coordinate our test boring locations in
order to avoid any underground utilities indicated by the811 center locating system. We will not be
responsible for any private utilities not pointed out to us by the land owner or client prior to drilling
activities. If as-built drawings showing locations of any subsurface utilities or conduits are available,
please provide them to ECS prior to mobilization for field work at the site.
Contracting a private utility locator service is not a guarantee that all utilities within a work site will be
identified, but a service that is offered to lower the risk of the owner/client. ECS and our clients have
had great success in avoiding utility contact by augmenting the811 center services with a private
locator service. Private locator services can identify utility alignments that incorporate significant iron
content in the conduit materials. However, private utilities possessing the higher likelihood of not
being easily identifiable, beyond the point of distribution, include all utilities not containing significant
ferrous (iron) content (examples would include but not be limited to most sanitary sewer alignments,
copper or PVC water lines, fiber optic lines without tracer ribbons, copper electric lines with no
surface exposure, drainage tiles/pipes, and irrigation lines).
Where a private locator service identifies a potential risk that is not traceable through conventional
methods, ECS will notify the client immediately and work to resolve the issue. Additional costs related
to the resolution of these potential utility conflicts will be invoiced out per our unit rates, as identified
in this proposal, or as negotiated and approved at the time of the occurrence.
PROJECT FEES AND SCHEDULE
Meetings
Meetings requested by Atmos Solutions Inc. beyond the Scope of Services outlined above will be
invoiced on a time and materials basis. Meetings after typical office hours (Monday through Friday 8
am to 5 pm) will be invoiced at 1.5 times the normal rate.
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Project Fees
ECS will provide the proposed scope of services for the estimated fee of$46,460.00, except for
additional services selected by the client.Our estimate is based onexperience with similar projects.
ECS performs consulting services on a unit rate basis. This estimateis based on our best estimate of
the time required to complete the task. Any additional time and/orlaboratory testing above the costs
estimated below will be billed in accordance with our standard unit rates.
Submitted charges for work are based on the number of units of work actually performed. If
unusual conditions are encountered that could affect the performance of the project, we would
notify youimmediately, so that appropriate changes could be made to the Scope of Services and
the fee estimate adjusted accordingly, if necessary. It should be noted that meetings and
consultation provided at the request of the client, and beyond the scope of this proposal, will be billed
in accordance with ECS's standard fee schedule.For purposes of this proposal, ECS has assumed
attendance for up to two meetings (one site and one virtual).In the event DOEE requests changes
to the CSA Workplan, ECS will discuss the changes with Atmos Solutions Inc. and associated cost
implications, if any.
Laboratory analysis is based on a standard turnaround time (7-business days). Laboratory analysis
can be rushed for a 3 business day turnaround time for 1.5 times the cost listed in the attached table.
Rush analysis will only be conducted at your request.
Comprehensive Site Assessment Cost Estimate
Unit Rate No. of Units Estimated Cost
Part 1: Project Management/Meetings
Principal Geologist $230.00 per hour 8 hours $1,840.00
Environmental Project Manager $140.00 per hour 15 hours $2,100.00
CSA Workplan $1,500.00lump sum 1 each $1,500.00
Health and Safety Plan $1,000.00lump sum 1 each $1,000.00
Drilling Permit $2,500.00lump sum 1 each $2,500.00
Subtotal: $8,940.00
Part 2: Field Work
Field Geologist - sample
collection and well development $105.00 per hour 50 hours $5,250.00
Drill Rig Mobilization $1,740.00lump sum 1 each $1,740.00
Hollow stem auger per foot 0-40' $28.50 per foot 100 feet $2,850.00
Hauling Water $312.00 per day 2 days $624.00
Split-spoon decontamination $1,500.00lump sum 1 each $1,500.00
Concrete Coring $42.00 per inch 32 inches $1,344.00
Installation of monitoring wells $28.80 per foot 100 feet $2,880.00
Flush Mount Covers $462.00 per well 4 wells $1,848.00
Standby Time/Moving Time $414.00 per hour 2 hours $828.00
Private Utility Locator $600.00 lump sum 1 each $600.00
Trip Charge $75.00 per trip 4 trips $300.00
Low Flow Sampling Equipment $675.00 per well 4 each $2,700.00
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Miscellaneous Sampling Supplies
and Shipping $500.00 each 1 each $500.00
55-gallon drums $198.00 per drum 12 drums $2,376.00
Drum Disposal $225.00 per drum 12 drums $2,700.00
Well Survey Equipment $350.00 per day 1 day $350.00
PID Use $100.00 per day 2 day $200.00
Subtotal: $28,590.00
Part 3: Laboratory Analysis (5-7 Business Day TAT)
Soil/ Groundwater Analysis -
TPH-DRO $48.00 per sample 12 samples $576.00
Soil/Groundwater Analysis -
TPH-GRO $38.00 per sample 12 samples $456.00
Soil Analysis - VOCs (method
8260 + 5035) $109.00 per sample 8 samples $872.00
Groundwater Analysis - VOCs $85.00 per sample 4 samples $340.00
Soil/Groundwater Analysis -
PAHs $132.00 per sample 12 samples $1,584.00
Soil/Groundwater Analysis -
RCRA 8 Metals $96.00 per sample 12 samples $1,152.00
Manhole Water Analysis -
TPH-DRO $48.00 per sample 1 samples $48.00
Manhole Water Analysis - SVOCs $172.00 per sample 1 samples $172.00
Manhole Water Analysis -
Additional Testing (Contingent) $300.00 per sample 1 samples $300.00
Trip Blank Analysis $85.00 per sample 3 sample $255.00
Waste Characterization Sample $175.00 per sample 1 sample $175.00
Subtotal: $5,930.00
Part 4: Reporting
Comprehensive Site Assessment
Report $3,000.00lump sum 1 each $3,000.00
Subtotal : $3,000.00
ESTIMATED TOTAL (Parts 1-4) $46,460.00
Project Schedule
We can begin preparing the CSA Workplan upon receiving your written authorization to proceed.The
CSA Workplan can be submitted to DOEE within one week of authorization.
ECS can begin the CSAwork immediately following approval of the CSA Workplan by the DOEE
UST Division.The work plan will be submitted to DC DOB soon after receiving approval of the CSA
Workplan. Based on our experience with similar sites, the drillingpermit will take approximately two
to four weeks to obtain.(ECS will walk the permit through, but its approval will not be instantaneous.)
Utility clearances will be performed and a tentative start date will be scheduled while waiting for the
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permit approval. The field work is expected to begin within one week of receiving the drilling permit.
The drilling and well installation work is expected to be completed over the course of two business
days. Well surveying anddevelopment will be performedone business day after completion of the
well installation, and the groundwater sampling will be conducted one week following development.
Soil and groundwater samples will be submitted to the laboratory within 24 hours after sample
collection. Laboratory results are expected on a 7-business day turnaround time. The final report can
be completed within twoto threeweeks of receiving results. Therefore, for time budgeting purposes,
the proposed Comprehensive Site Assessment is anticipated to be completed within approximately
seven to eight weeks after approval of the CSA Workplan.
If areas of the property cannot be observed due to inaccessibility or unsafe conditions beyond the
control of ECS, ECS will wait until such time either that the area is accessible or the unsafe conditions
are corrected. If ECS must make additional visits to the site, a change order will be provided for our
additional fees.
If other items are required because of unexpected field conditions encountered in our fieldwork,
or because of a request for additional services,they would be invoiced as an agreed-to lump sum
fee or in accordance with the ECS Fee Schedule (available upon request) in effect at the time of the
service. Before expanding our scope of service that increased our fee, you would be informed of our
intentions for both your review and authorization.
LIMITATIONS AND ASSUMPTIONS
Conclusions and recommendations pertaining to environmental conditions at the subject site are
limited to the conditions observed at the time ECS personnel are onsite. The observations made
only represent the locations at the time and day of collection.This proposed scope of work is not
designed or intended to provide acomprehensive assessment of potential environmental impacts at
the subject property.
We have made the following assumptions in developing this proposal:
• The fee estimated for the proposed scope of services assumes work can be completed within
normal business hours. For work scheduled after hours and/or weekends, additional costs
may be applied.Prices are based on performing work on a non-holiday weekday during
normal business hours (7:00am – 5:00pm, Monday – Friday);
• Prices presented herein are valid for 60 days from the date of this proposal;
• One electronic version (PDF format) of the report will be provided upon completion of the
project. If requested, ECS will provide physical copies of the report for a nominal fee;
• Laboratory pricing is based on standard turnaround time (5-10 business days);
• Additional project work not specifically addressed by this proposal shall be charged at a time
and materials rate;
• Additional work, if required, shall be authorized by the client prior to initiation; and,
• If requested, ECS can provide reliance letters for our reportsfor an additional fee of $250.00
per letter/entity. Future reliance offered by ECS would be bound to the same contracted
Terms & Conditions of Service agreed to between Atmos Solutions Inc. and ECS.
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PROPOSAL ACCEPTANCE
Please complete the Proposal Acceptance page and return one copy to ECS to indicate acceptance
of this proposal and to initiate serviceson the referenced project. The Client’s signature indicates
that he/she has the authority to bind the Client, that he/she has read or has had the opportunity to
read the accompanying Terms and Conditions of Service and agrees to be bound by such Terms and
Conditions of Service.
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Proposal Acceptance Form
Service Initial
Comprehensive Site Assessment ($46,460.00)
PROPOSAL INFORMATION
ECS Proposal Number 47:39783-EP dated July 11, 2025
Scope of Work Comprehensive Site Assessment
Location 3200 Benning Road NE, Washington, District of
Columbia 20019
CLIENT INFORMATION
Signature - Authorized Representative
for Entity Responsible for Payment
Print or Type Name of Client and
Company
Date of Execution
Proposal Addressee - Name Saad Moussamim
Proposal Addressee - Company Atmos Solutions Inc.
INVOICE INFORMATION
Please Print or Type Below if Invoice Addressee Different Than Proposal Addressee
or Special Invoicing Instructions
Invoice Addressee - Name
Invoice Addressee - Company
Invoice Addressee - Street Address 1
Invoice Addressee - Street Address 2
Invoice Addressee - City, State, Zip Code
Invoice Addressee - Email
Invoice Addressee - Phone Number
Purchase Order Number
Client Project/Account Number
Pay Application Required
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TERMS AND CONDITIONS
The attached “Terms and Conditions of Service” are an integral part of our proposal. These terms
and conditions represent the current recommendations of the Geoprofessional Business Association
(GBA), the Consulting Engineers’ Council, and the Geotechnical Division of the American Society of
Civil Engineers.
Our insurance carrier requires that we have a signed contract prior to the release of any information.
This letter is the agreement for our services. Your acceptance of this proposal should be indicated by
signing and returning the enclosed Proposal Acceptance form to us.
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Page 1 of 3 Ver. 06/14/13
ECS MID-ATLANTIC LLC
TERMS AND CONDITIONS OF SERVICE
The professional services ( “Services”) to be provided by ECS Mid-Atlantic LLC (“ECS”)
pursuant to the Proposal shall be provided in accordance with the se Terms and Conditions
of Service (“Terms”), including any addenda as may be incorporated or referenced in writing
and shall form the Agreement between ECS and CLIENT.
1.0 INDEPENDENT CONSULTANT STATUS - ECS shall serve as an independent
professional consultant to CLIENT for Services on the Project and shall have control over ,
and responsibility for , the means and methods for providing the Services identified in the
Proposal, including the retention of Subcontractors and Subconsultants
2.0 SCOPE OF SERVICES - It is understood that the fees, reimbursable expenses
and time schedule defined in the Proposal are based on information provided by CLIENT
and/or CLIENT’S , agents, contractors and consultants (“Contractors”). CLIENT
acknowledges that if this information is not current, is incomplete or inaccurate, if conditions
are discovered that could not be reasonably foreseen, or if CLIENT orders additional
services, the scope of services will change, even while the Services are in progress.
3.0 STANDARD OF CARE
3.1 In fulfilling its obligations and responsib ilities enumerated in the Proposal,
ECS shall be expected to comply with and its performance evaluated in light
of the standard of care expected of professionals in the industry performing
similar services on projects of like size and complexity at that ti me in the
region (the “Standard of Care”). Nothing contained in the Proposal, the
agreed-upon scope of Services, these Terms or any ECS report, opinion, plan
or other document prepared by ECS shall c onstitute a warranty or guarantee
of any nature whatsoever.
3.2 CLIENT understands and agrees that ECS will rely on the facts learned from data
gathered during performance of Services as well as those facts provided by the
CLIENT and/or CLIENT’S contractors and consultants. CLIENT acknowledges that
such data co llection is limited to specific areas that are sampled, bored, tested,
observed and/or evaluated . Consequently, CLIENT waives any and all claims
based upon erroneous facts provided by the CLIENT, facts subsequently learned or
regarding conditions in areas not specifically sampled, bored, tested, observed or
evaluated by ECS.
3.3 If a situation arises that causes ECS to believe compliance with CLIENT’S directives
would be contrary t o sound engineering practices, would violate applicable laws,
regulations or codes, or will expose ECS to legal claims or charges, ECS shall so
advise CLIENT. If ECS’ professional judgment is rejected, ECS shall have the right
to terminate its Services in accordance with the provisions of Section 25.0, below.
3.4 If CLIENT dec ides to disregard ECS’ recommendations with respect to complying
with applicable laws or regulations, ECS shall determine if applicable law requires
ECS to notify the appropriate public officials. CLIENT agrees that such
determinations are ECS’ sole right to make.
4.0 CLIENT DISCLOSURES
4.1 Where the S ervices requires ECS to penetrate a surface, CLIENT shall furnish
and/or shall direct CLIENT’S or CLIENT’S Contractors to furnish ECS information
identifying the type and location of utility lines and other man-made objects known,
suspected, or assumed to be located beneath or behind the Site's surface . ECS
shall be entitled to rely on such information for completeness and accuracy without
further investigation, analysis, or evaluation.
4.2 “Hazardous Materials” shall include but not be limited to any substance that poses
or may pose a present or potential hazard to human health or the environment
whether contained in a product, material, by-product, waste, or sample, and whether
it exists in a solid, liquid , semi-solid or gaseous form . CLIENT shall notify ECS of
any known, assumed, or suspected regulated , contaminated, or other similar
Hazardous Materials that may exist at the Site prior to ECS mobilizing to the Site.
4.3 If any Hazardous Materials are disco vered, or are reasonably suspected by ECS
after its Services begin, ECS shall be entitled to amend the scope of Services and
adjust its fees or fee schedule to reflect any additional work or personal protective
equipment and/or safety precautions required by the existence of such Hazardous
Materials.
5.0 INFORMATION PROVIDED BY OTHERS - CLIENT waives, releases and
discharges ECS from and against any claim for damage, injury or loss allegedly arising out
of or in connection with errors, omissions, or inaccur acies in documents and other
information in any form provided to ECS by CLIENT or CLIENT’s Contractors, including
such information that becomes incorporated into ECS documents.
6.0 CONCEALED RISKS - CLIENT acknowledges that special risks are inherent in
sampling, testing and/or evaluating concealed conditions that are hidden from view and/or
neither readably apparent nor easily accessible, e.g., subsurface conditions, conditions
behind a wall, beneath a floor , or above a ceiling. Such circumstances require that certain
assumptions be made regarding existing conditions, which may not be verifiable without
expending additional sums of money or destroying otherwise adequate or serviceable
portions of a building or component thereof. Accordingly, ECS shall not b e responsible for
the verification of such conditions unless verification can be made by s imple visual
observation. CLIENT agrees to bear any and all costs, losses, damages and expenses
(including, but not limited to, the cost of ECS’ additional s ervices) in any way arising from or
in connection with the existence or discovery of such concealed or unknown conditions.
7.0 RIGHT OF ENTRY/DAMAGE RESULTING FROM SERVICES
7.1 CLIENT warrants that it possess es the authority to grant ECS right of entry to the
site for the performance of Services. CLIENT hereby grants ECS and its agents,
subcontractors and/or subconsultants (“Subconsultants”) , the right to enter from
time to time onto the property in order for ECS to perform its Services. CLIENT
agrees to indemnify and hold ECS and its Subconsultants harmless from any claims
arising from allegations that ECS trespassed or lacked authority to access the Site.
7.2 CLIENT warrants that i t possesses all necessary permits , licenses and/or utility
clearances for the S ervices to be provided by ECS e xcept where ECS’ Proposal
explicitly states that ECS will obtain such permits, licenses, and/or utility clearances.
7.3 ECS will take reasonable precautions to limit damage to the Site and its
improvements during the performance of its Services. CLIENT understands that the
use of exploration, boring, sampling, or testing equipment may cause damage to the
Site. T he correction and restoration of such common damage is CLIENT’S
responsibility unless specifically included in ECS’ Proposal.
7.4 CLIENT agrees that it will not bring any claims for liability or for injury or loss against
ECS arising from (i) procedures associated with the exploration, sampling or testing
activities at the Site , (ii) discovery of Hazardous Materials or su spected Hazardous
Materials, or (iii) ECS’ findings, conclusions, opinions, recommendations, plans,
and/or specifications related to discovery of contamination.
8.0 UNDERGROUND UTILITIES
8.1 ECS shall exercise the Standard of Care in evaluating client -furnished information
as well as information readily and customarily available from public utility locating
services (the “Underground Utility Information”) in its effort to identify underground
utilities. The extent of such evaluations shall be at ECS’ sole discretion.
8.2 CLIENT recognizes that the Underground Utility Information provided to or obtained
by ECS may contain errors or be incomplete. CLIENT understands that ECS may
be unable to identify the locations of all subsurface utility lines and man -made
features.
8.3 CLIENT waives, releases, and discharges ECS from and against any claim for
damage, injury or loss allegedly arising from or related to subterranean structures
(pipes, tanks, cables, or other utilities, etc.) which are not called to ECS’ attent ion in
writing by CLIENT, not correctly shown on the Underground Utility Information
and/or not properly marked or located by the utility owners , governmental or quasi -
governmental locators, or private utility locating services as a result of ECS’ or ECS’
Subconsultant’s request for utility marking services made in accordance with local
industry standards.
9.0 SAMPLES
9.1 Soil, rock, water, building materials and/or other samples and sampling by-products
obtained from the Site are and remain the property of CLIENT. Unless other
arrangements are requested by CLIENT and mutually agreed upon by ECS in
writing, ECS will retain samples not consumed in laboratory testing for up to sixty
(60) calendar days after the first issuance of any document containing data obtained
from such samples. Samples consumed by laboratory testing procedures will not be
stored.
9.2 Unless CLIENT directs otherwise, and excluding those issues covered in Section
10.0, CLIENT authorizes ECS to dispose of CLIENT’S non -hazardous samples and
sampling or testing by-products in accordance with applicable laws and regulations.
10.0 ENVIRONMENTAL RISKS
10.1 When Hazardous Materials are known, assumed, suspected to exist, or discovered
at the Site, ECS will endeavor to protect its employees and address public health,
safety, and environmental issues in accordance with the Standard of Care. CLIENT
agrees to compensate ECS for such efforts.
10.2 When Hazardous Materials are known, assumed, or suspected to exist , or
discovered at the Site, ECS and/or ECS’ subcontractors will exercise the Standard
of Care in containerizing and labeling such Hazardous Materials in accordance with
applicable laws and regulations, and will leave the containers on Site . CLIENT is
responsible for the retrieval , removal, transport and disposal of such contaminated
samples, and sampling process byproducts in accordance with applicable law and
regulation.
10.3 Unless explicitly stated in the Scope of Services, ECS will neither subcontract for
nor arrange for the transport, disposal, or treatment of Hazardous Materials. At
CLIENT’S written request, ECS may assist CLIENT in identifying appropriate
alternatives for transport, off-site treatment, storage, or disposal of such substances,
but CLIENT shall be solely responsible f or the final selection of methods and firms
to provide such services . CLIENT shall sign all manifests for the disposal of
substances affected by contaminants and shall otherwise exercise prudence in
arranging for lawful disposal.
10.4 In those instances where ECS is expressly retained by CLIENT to assist CLIENT in
the disposal of Hazardous Materials, samples, or wastes as part of the Proposal ,
ECS shall do so only as CLIENT’S agent (notwithstanding any o ther provision of
this Agreement to the contrary). ECS will not assume the role of, nor be considered
a generator, storer, transporter, or disposer of Hazardous Materials.
10.5 Subsurface sampling may result in unavoidable cross -contamination of certain
subsurface areas, as when a probe or excavation/boring device moves through a
contaminated zone and links it to an aquifer, underground stream, pervious soil
stratum, or other hydrous body not previously contaminated, or connects an
uncontaminated zone with a contaminated zone. Because sampling is an essent ial
element of the Services indicated herein, CLIENT agrees this risk cannot be
eliminated. Provided such services were performed in accordance with the
Standard of Care, CLIENT waives, releases and discharges ECS from and against
any claim for damage, in jury, or loss allegedly arising from or related to such cross -
contamination.
10.6 CLIENT understands that a Phase I Environmental Site Assessment (ESA) is
conducted solely to permit ECS to render a professional opinion about the likelihood
of the site hav ing a Recognized Environmental Condition on, in, beneath, or near
the Site at the time the Services are conducted. No matter how thorough a Phase I
ESA study may be, findings derived from its conduct are highly limited and ECS
cannot know or state for an absolute fact that the Site is unaffe cted or adversely
affected by one or more Recognized Environmental Conditions. CLIENT represents
and warrants that it understands the limitations associated with Phase I ESAs.
Page 2 of 3 Ver. 06/14/13
11.0 OWNERSHIP OF DOCUMENTS
11.1 ECS shall be deemed the author and owner (or licensee) of all documents, technical
reports, letters, photos, boring logs, field data, field notes, laboratory test data,
calculations, designs, plans, specifications, reports, or similar documents and
estimates of any kind furnished by it [the “Documents of Service”] and shall retain all
common law, statutory and other reserved rights, including copyrights. CLIENT
shall have a limited, non -exclusive license to use copies of the Documents of
Service provided to it in c onnection with its Project for which the Documents of
Service are provided until the completion of the Project.
11.2 ECS’ Services are performed and Documents of Service are provided for the
CLIENT’S sole use. CLIENT understands and agrees that any us e of the
Documents of Service by anyone other than the CLIENT and its C ontractors is not
permitted. CLIENT further agrees to indemnify and hold ECS harmless for any
errors, omissions or damage resulting from its contractors’ use of ECS’ Documents
of Service.
11.3 Without ECS’ prior written consent, CLIENT agrees to not use ECS’ Documents of
Service for the Project if the Project is subsequently modified in scope, structure or
purpose. Any reuse without ECS’ written consent shall be at CLIENT’S sole risk
and without liability to ECS or its Subconsultants. CLIENT agrees to indemnify and
hold ECS harmles s for any errors, omissions or D amage resulting from its use of
ECS’ Documents of Service after any modification in scope, structure or purpose.
11.4 CLIENT agrees to not make any modification to the Documents of Service without
the prior w ritten authorization of ECS. To the fullest extent permitted by law,
CLIENT agrees to indemnify, defend, and hold ECS harmless from any damage,
loss, claim, liability or cost (including reasonable attorneys’ fees and defense costs)
arising out of or in connection with any unauthorized modification of the Documents
of Service by CLIENT or any person or entity that acquires or obtains the
Documents of Service from or throug h CLIENT. CLIENT represents and warrants
that the Documents of Service shall be used only as submitted by ECS.
12.0 SAFETY
12.1 Unless expressly agreed to in writing in its Proposal, CLIENT agrees that ECS shall
have no responsibility whatsoever for any aspect of site safety other than for its own
employees. N othing herein shall be construed to relieve CLIENT and/or its
Contractors from their responsibility for site safety. CLIENT also represents and
warrants that the General Contractor is solely responsi ble for Project site safety and
that ECS personnel may rely on the safety measures provided by the General
Contractor.
12.2 In the event ECS assumes in writing limited responsibility for specified safety
issues, the acceptance of such responsibilities does not and shall not be deemed an
acceptance of responsibility for any other non-specified safety issues, including, but
not limited to those relating to excavating, fall protection, shoring, drilling, backfilling,
blasting, or other construction activities.
13.0 CONSTRUCTION TESTING AND REMEDIATION SERVICES
13.1 CLIENT understands that construction testing and observation services are
provided in an effort to reduce, but can not eliminate, the risk of problems arising
during or after construction or remediati on. CLIENT agrees that the provision of
such Services does not create a warranty or guarantee of any type.
13.2 Monitoring and/or testing services provided by ECS shall not in any way relieve the
CLIENT’S contractor(s) from their responsibilities and o bligations for the quality or
completeness of construction as well as their obligation to comply with applicable
laws, codes, and regulations.
13.3 ECS has no responsibility whatsoever for the means, methods, techniques,
sequencing or procedures of constru ction selected, for safety precautions and
programs incident al to w ork or services provided by any contractor or other
consultant. ECS does not and shall not have or accept authority to supervise, direct,
control, or stop the work of any of CLIENT’S C ontractors or any of their
subcontractors.
13.4 ECS strongly recommends that CLIENT retain ECS to provide construction
monitoring and testing s ervices on a full time basis to lower the r isk of defective or
incomplete w ork being installed by CLIENT’S C ontractors. I f CLIENT el ects to
retain ECS on a part -time or on-call basis for any aspect of construction monitoring
and/or testing, CLIENT accepts the risk that a lower level of construction quality
may occur and that defective or incomplete w ork may result and not be detected by
ECS’ part time monitoring and testing in exchange for CLIENT’S receipt of an
immediate cost savings . Unless the CLIENT can show that ECS’ errors or
omissions are contained in ECS’ reports, CLIENT waives, releases and discharges
ECS from and against any other claims for errors, omissions, damages, injuries, or
loss alleged to arise from defective or incomplete w ork that was monitored or tested
by ECS on a part -time or on -call basis. Except as set forth in the preceding
sentence, CLIENT agrees to indemnify and hold ECS harmless from all D amages,
costs, and attorneys’ fees, for any claims alleging errors, omissions, damage, injury
or loss allegedly resulting from work that was monitored or tested by ECS on a p art-
time or on-call basis.
14.0 CERTIFICATIONS - CLIENT may request, or governing jurisdictions may require,
ECS to provide a “certification” regarding the Services provided by ECS. Any “certification”
required of ECS by the CLIENT or jurisdiction(s) having authority over some or all a spects
of the Project shall consist of ECS’ inferences and professional opinions based on the
limited sampling, observations, tests, and/or analyses performed by ECS at discrete
locations and times. Such “certifications” shall constitute ECS’ professional opinion of a
condition's existence, but ECS does not guarantee that such condition exists, nor does it
relieve other parties of the responsibilities or obligations such parties have with respect to
the possible existence of such a condition . CLIENT agrees it cannot make the resolution of
any dispute with ECS or payment of any amount due to ECS contingent upon ECS signing
any such “certification.”
15.0 BILLINGS AND PAYMENTS
15.1 Billings will be based on the unit rates, plus travel costs, and other reimbu rsable
expenses as stated in the professional f ees section of the Proposal . Any estimate
of professional fees stated shall not be considered as a not -to-exceed or lump sum
amount unless otherwise explicitly stated. CLIENT understands and agrees that
even if ECS agrees to a lump sum or not -to-exceed amount, that amount shall be
limited to number of hours, visits, trips, tests, borings, or samples stated in the
Proposal.
15.2 CLIENT agrees that all professional f ees and other unit rates may be adjusted
annually to account for inflation based on the most recent 12-month average of the
Consumer Price Index (CPI-U) for all items as established by www.bls.gov when the
CPI-U exceeds an annual rate of 2.0%.
15.3 Should ECS identify a Changed Condition (s), ECS sha ll notify the CLIENT of the
Changed Condition(s). ECS and CLIENT shall promptly and in good faith negotiate
an amendment to the scope of Services, professional fees, and time schedule.
15.4 CLIENT recognizes that time i s of the essence with respect to payment of ECS’
invoices, and that timely payment is a material consideration for this Agreement. All
payment shall be in U.S. funds drawn upon U.S. banks and in accordance with the
rates and charges set forth in the professional Fees. Invoices are due and payable
upon receipt.
15.5 If CLIENT disputes all or part of an invoice, CLIENT shall provide ECS with written
notice stating in detail the facts of the dispute within fifteen (15) calendar days of the
invoice date. CLIENT agrees to pay the undisputed amount of such invoice
promptly.
15.6 ECS reserves the right to charge CLIENT an additional charge of one -and-one-half
(1.5) percent (or the maximum percentage allowed by Law, whichever is lower) of
the invoiced amount per month for any payment received by ECS more than thirty
(30) calendar days from the date of the invoice, excepting any portion of the
invoiced amount in dispute. All p ayments will be applied to accrued interest first
and then to the unpaid principal amount. Payment of invoices shall not be subject
to unilateral discounting or set-offs by CLIENT.
15.7 CLIENT agrees that its obligation to pay for the Services is not contingent upon
CLIENT’S ability to obtain financing, zoning, approval of governmental or regulatory
agencies, permits, fina l adjudication of a lawsuit, CLIENT’S successful completion
of the Project, settlement of a real estate transaction, receipt of payment from
CLIENT’s client, or any other eve nt unrelated to ECS provision of Services .
Retainage shall not be withheld from any payment, nor shall any deduction be made
from any invoice on account of penalty, liquidated damages, or other sums incurred
by CLIENT. It is agreed that all costs and legal fees including actual attorney's fees,
and expens es incurred by ECS in obtainin g payment under this Agreement , in
perfecting or obtaining a lien, recovery under a bond, collecting any delinquent
amounts due, or executing judgments, shall be reimbursed by CLIENT.
15.8 Unless CLIENT has provided notice to ECS in accordance with Section 16.0 of
these Terms, payment of any invoice by the CLIENT shall mean that the CLIENT is
satisfied with ECS’ Services and is not aware of any defects in those Services.
16.0 DEFECTS IN SERVICE
16.1 CLIENT and CLIENT’s Contractors shall promptly inform ECS during active work on
any project of any actual or suspected defects in the Services so to permit ECS to
take such prompt, effective remedial measures that in ECS’ opinion will reduce or
eliminate the consequences of any such defect ive Services . The c orrection of
defects attributable to ECS’ failure to perform in accordance with the Standard of
Care shall be provided at no cost to CLIENT . However, ECS shall not be
responsible for the correction of any deficiency attributable to client -furnished
information, the errors, omissions, defective materials , or improper installation of
materials by CLIENT’s personnel, consultants or contractors , or work not observed
by ECS. CLIENT shall compensate ECS for the costs of correcting such defects.
16.2 Modifications to reports, documents and plans required as a result of jurisdictional
reviews or CLIENT requests shall not be considered to be def ects. CLIENT shall
compensate ECS for the provision of such Services.
17.0 INSURANCE - ECS represents that it and its subcontractors and subconsultants
maintain workers compensation insurance, and that ECS is covered by general liability,
automobile and professional liability insurance policies in coverage amounts it deems
reasonable and adequate. ECS shall furnish certificates of insurance upon request. The
CLIENT is responsible for requesting specific inclusions or limits of coverage that are not
present in ECS insurance package. The cost of such inclusions or coverage increases, if
available, will be at the expense of the CLIENT.
18.0 LIMITATION OF LIABILITY
18.1 CLIENT AGREES TO ALLOCATE CERTAIN RISKS ASSOCIATED WITH THE PROJECT BY LIMITING
ECS’ TOTAL LIABILITY TO CLIENT ARISING FROM ECS’ PROFESSIONAL LIABILITY, I.E.
PROFESSIONAL ACTS, ERRORS, OR OMISSIONS AND FOR ANY AND ALL CAUSES INCLUDING
NEGLIGENCE, STRICT LIABILITY , BREACH OF CONTRACT , OR BREACH OF WARRANTY ,
INJURIES, DAMAGES, CLAIMS, LOSSES, EXPENSES, OR CLAIM EXPENSES (INCLUDING
REASONABLE ATTORNEY’S FEES) RELATING TO PROFESSIONAL SERVICES PROVIDED UNDER
THIS AGREEMENT TO THE F ULLEST EXTENT PERMITTED BY LAW . THE ALLOCATION IS AS
FOLLOWS.
18.1.1 If the proposed fees are $10,000 or less, ECS’ total aggregate liability to
CLIENT shall not exceed $20,000, or the total fe e received for the services
rendered, whichever is greater.
18.1.2 If the proposed fees are i n excess of $ 10,000, ECS’ total aggregate liability to
CLIENT shall not exceed $5 0,000, or the total fee for the services rendered ,
whichever is greater.
18.2 CLIENT agrees that ECS shall not be responsible for any injury, loss or damage of
any nature, including bodily injury and property damage, arising directly or indirectly,
in whole or in part, from acts or omissions by the CLIENT, its employees, agents,
staff, consultants, contractors, or subcontractors to the extent such injury , damage,
or loss is caused by acts or omissions of CLIENT , its employees, agents, staff,
consultants, contractors, subcontractors or person/entities for whom CLIENT is
legally liable.
18.3 CLIENT agrees that ECS’ liability for all non-professional liability arising out of this
Agreement or the services provided as a result of the Proposal be limited to
$500,000.
19.0 INDEMNIFICATION
19.1 Subject to Section 18.0, ECS agrees to hold harmless and indemnify CLIENT from
and against damag es arising from ECS’ negligent performance of its Services, but
only to the extent that such damages are found to be caused by ECS’ negligent
Page 3 of 3 Ver. 06/14/13
acts, errors or omissions, (specifically excluding any damages caused by any third
party or by the CLIENT.)
19.2 To the fullest extent permitted by law, CLIENT agrees to indemnify , and hold ECS
harmless from and against any and all liability, claims, damages, demands, fines,
penalties, costs and expenditures (including reasonable attorneys’ fees and costs of
litigation defense and/or settlement) (“Damages”) caused in w hole or in part by the
acts, errors, or omissions of the CLIENT or CLIENT’s employees, agents , staff,
contractors, subcontractors , consultants, and clients, provided such Damages are
attributable to: (a) the bodily injury, personal injury, sickness, disease and/or death
of any person; (b) the injury to or loss of value to tangible personal property ; or (c) a
breach of these Terms. The foregoing indemnification shall not apply to the extent
such Damage is found to be caused by the sole negligence , errors, omissions or
willful misconduct of ECS.
19.3 It is specifically understood and agreed that in no case shall ECS be required to pay
an amount of Damages disproportional to ECS’ culpability . IF CLIENT IS A
HOMEOWNER, HOMEOWNERS’ ASSOCIATION, CONDOMINIUM OWNER,
CONDOMINIUM OWNER’S ASSOCIATION, OR SIMILAR RESIDENTIAL OWNER,
ECS RECOMMENDS THAT CLIENT RETAIN LEGAL COUNSEL BEFORE
ENTERING INTO THIS AGREEMENT TO EXPLAIN CLIENT’S RIGHTS AND
OBLIGATIONS HEREUNDER, AND THE LIMITATIONS, AND RESTRICTIONS
IMPOSED BY THIS AGREEMENT. CLIENT AGREES THAT FAILURE OF CLIENT
TO RETAIN SUCH COUNSEL SHALL BE A KNOWING WAIVER OF LEGAL
COUNSEL AND SHALL NOT BE ALLOWED ON GROUNDS OF AVOIDING ANY
PROVISION OF THIS AGREEMENT.
19.4 IF CLIENT IS A RESIDENTIAL BUILDER OR RESIDENTIAL DEVELOPER,
CLIENT SHALL INDEMNIFY AND HOLD HARMLESS ECS AGAINST ANY AND
ALL CLAIMS OR DEMANDS DUE TO INJURY OR LOSS INITIATED BY ONE OR
MORE HOMEOWNERS, UNIT-OWNERS, OR THEIR HOMEOWNER’S
ASSOCIATION, COOPERATIVE BOARD, OR SIMILAR GOVERNING ENTITY
AGAINST CLIENT WHICH RESULTS IN ECS BEING BROUGHT INTO THE
DISPUTE.
19.5 IN NO EVENT SHALL THE DUTY TO INDEMNIFY AND HOLD ANOTHER PARTY
HARMLESS UNDER THIS SECTION 19.0 INCLUDE THE DUTY TO DEFEND.
20.0 CONSEQUENTIAL DAMAGES
20.1 CLIENT shall not be liable to ECS and ECS shall not be liable to CLIENT for any
consequential damages incurred by either due to the fault of the other or their
employees, consultants, agents, contractors or subcontractors, regardless of the
nature of the fault or whether such liability arises in breach of contract or warranty,
tort, statute, or any other cause of action. Consequential damages include, but are
not limited to, loss of use and loss of profit.
20.2 ECS shall not be liable to CL IENT, or any entity engaged directly or indirectly by
CLIENT, for any liquidated damages due to any fault , or failure to act, in part or in
total by ECS, its employees, agents, or subcontractors.
21.0 SOURCES OF RECOVERY
21.1 All claims for damages related to the Services provided under this Agreement shall
be made against the ECS entity contracting with the CLIENT for the Services, and
no other person or entity. CLIENT agrees that it shall not name any affiliated entity
including parent, peer, or subsidia ry entity or any individual officer, director, or
employee of ECS.
21.2 In the event of any dispute or claim between CLIENT and ECS arising out of in
connection with the Project and/or the Services, CLIENT and ECS agree that they
will look solely to each other for the satisfaction of any such dispute or claim.
Moreover, notwithstanding anything to the contrary contained in any other provision
herein, CLIENT and ECS’ agree that their respective shareholders, principals,
partners, members, agents, directors, officers, employees, and/or owners shall have
no liability whatsoever arising out of or in connection with the Project and/or
Services provided hereunder. In the event CLIENT brings a claim against an
affiliated entity, parent entity, subsidiary entity, or individual officer, director or
employee in contravention of this Section 21, CLIENT agrees to hold ECS harmless
from and against all damages, costs, awards, or fees (including attorneys’ fees)
attributable to such act.
22.0 THIRD PARTY CLAIMS EXCLUSIO N - CLIENT and ECS agree that the Services
are performed solely for the benefit of the CLIENT and are not intended by either CLIENT or
ECS to benefit any other person or entity . To the extent that any other person or entity is
benefited by the Services, s uch benefit is purely incidental and such other person or entity
shall not be deemed a third party beneficiary to the A greement. No third-party shall have
the right to rely on ECS’ opinions rendered in connection with ECS’ Services without written
consent from both CLIENT and ECS, which shall include, at a minimum, the third -party's
agreement to be bound to the same Terms and Conditions contained herein and third -
party’s agreement that ECS’ Scope of Services performed is adequate.
23.0 DISPUTE RESOLUTION
23.1 In the event any claims, disputes, and other matters in question arising out of or
relating to these Terms or breach thereof (collectively referred to as “Disputes”), the
parties shall promptly attempt to resolve all such Disputes through executive
negotiation between senior representatives of both parties familiar with the Project.
The parties shall arrange a mutually convenient time for the senior representative of
each party to meet. Such meeting shall occur within fifteen calendar (15) days of
either party’s written request for executive negotiation or as otherwise mutually
agreed. Should this meeting fail to result in a mutually agreeable plan for resolution
of the Dispute, CLIENT and ECS agree that either party may bring litigation.
23.2 CLIENT shall make no claim (whether directly or in the form of a third -party claim)
against ECS unless CLIENT shall have first provided ECS with a written certification
executed by an independent engineer licensed in the jurisdiction in which the
Project is locate d, reasonably specifying each and every act or omission which the
certifier contends constitutes a violation of the Standard of Care. Such certificate
shall be a precondition to the institution of any judicial proceeding and shall be
provided to ECS thirty (30) days prior to the institution of such judicial proceedings.
23.3 Litigation shall be instituted in a court of competent jurisdiction in the county or
district in which ECS’ office contracting with the CLIENT is located . The parties
agree that the law applicable to these Terms and the Services provided pursuant to
the Proposal shall be the laws of the Commonwealth of Virginia, but excluding it s
choice of law rule s. Unless otherwise mutually agreed to in writing by both parties,
CLIENT waives the righ t to remove any litigation action to any other jurisdiction .
Both parties agree to waive any demand for a trial by jury.
24.0 CURING A BREACH
24.1 A party that believes the other has materially breached these Terms shall issue a
written cure notice identifying its alleged grounds for termination. Both parties shall
promptly and in good faith attempt to identify a cure for the alleged breach or
present facts showing the absence of such breach. If a cure can be agreed to or
the matter otherwise resolved within thirty (30) calendar days from the date of the
termination notice, the parties shall commit their understandings to writing and
termination shall not occur.
24.2 Either party may waive any right provided by these Terms in curing an actual or
alleged b reach; however, such waiver shall not affect future application of such
provision or any other provision.
25.0 TERMINATION
25.1 CLIENT or ECS may terminate this Agreement for breach, non-payment, or a failure
to cooperate. In the event of termination, the effecting party shall so notify the other
party in writing and termination shall become effective fourteen (14) calendar days
after receipt of the termination notice.
25.2 Irrespective of which party shall effect termination, or the cause therefore, ECS shall
promptly render to CLIENT a final invoice and CLIENT shall immediately
compensate ECS for Services rendered and costs incurred including those Services
associated with termination itself, including without limitation, demobilizing,
modifying schedules, and reassigning personnel.
26.0 TIME BAR TO LEGAL ACTION - Unless prohibited by law, and notwithstanding any
Statute that may provide additional protection, CLIENT and ECS agree that a lawsuit by
either party alleging a breach of this Agreement, violation of the Standard of Care, non-
payment of invoices, or arising out of the Services provided hereunder, must be initiated in
a court of competent jurisdiction no more than two (2) years from the time the party knew, or
should have known, of the facts and conditions giving rise to its claim, and shall under no
circumstances shall such lawsuit be initiated more than three (3) years from the date of
substantial completion of ECS’ Services.
27.0 ASSIGNMENT - CLIENT and ECS respectively bind themselves, their
successors, assigns, heirs, and legal representatives to the other party and the successors,
assigns, heirs and legal representatives of such other party with respect to all covenants of
these Terms. Neither CLIENT nor ECS shall assign these Terms, any rights thereunder, or
any cause of action arising therefrom, in whole or in part, without the written consent of the
other. Any purported assignment or transfer, except as permitted above, shall be deemed
null, void and invalid, the purported assignee shall acquire no rights as a result of the
purported assignment or transfer and the non-assigning party shall not recognize any such
purported assignment or transfer.
28.0 SEVERABILITY - Any provision of these Terms later held to violate any law, statute,
or regulation, shall be deemed void, and all remaining provisions shall continue in full force
and effect. CLIENT and ECS shall endeavor to quickly replace a voided provision with a
valid substitute that expresses the intent of the issues covered by the original provision.
29.0 SURVIVAL - All obligations arising prior to the termination of the agreement
represented by these Terms and all provisions allocating responsibility or liability between
the CLIENT and ECS shall survive the substantial completion of Services and the
termination of the Agreement.
30.0 TITLES; ENTIRE AGREEMENT
30.1 The titles used herein are for general reference only and are not part of the Terms.
30.2 These Terms together with the Proposal, including all exhibits, appendixes, and
other documents appended to it, constitute the entire agreement between CLIENT
and ECS (“Agreement”). CLIENT acknowledges that all prior understandings and
negotiations are superseded by this Agreement.
30.3 CLIENT and ECS agree that subsequent modifications to the A greement shall not
be binding unless made in writing and signed by authorized representative s of both
parties.
30.4 All preprinted terms and c onditions on CLIENT’S purchase order , Work
Authorization, or other service acknowledgement form s, are in applicable and
superseded by these Terms and Conditions of Service.
30.5 CLIENT’s execution of a Work Authorization, the submission of a start work
authorization (oral or written) or issuance of a purchase order constitutes CLIENT’s
acceptance of this Proposal and these Terms and their agreement to be fully bound
to them. I f CLIENT fails to provide ECS with a signed copy of th ese Terms or the
attached Work Authorization, CLIENT agrees that by authorizing and accepting the
services of ECS, it will be fully bound by these Terms as if they had been signed by
CLIENT.
Appendix I: Proposed Sample
Location Plan
ECS-04
ECS-03
ECS-02
ECS-01
7/3/2025
Service Layer Credits: World Boundaries and Places: Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, ©
²
ENGINEER
SCALE
PROJECT NO.
SHEET
DATE
Legend
Approximate Boring Locations - ECS
47:39783
1" = 60'
DJB
3200 Benning Road NE, Washington, District of Columbia
3200 Benning Road NE CSA Workplan
BORING LOCATION DIAGRAM
1 of 1
UST - Underground Storage Tank
Former UST
Location
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Energy and Environment
Environmental Services Administration
Toxic Substances Division Underground Storage Tank Branch
1200 First Street NE, 5th Floor, Washington, DC 20002 | (202) 535-2600 | doee.dc.gov
Directive for Comprehensive Site Assessment
VIA USPS First Class Mail
February 23, 2021
Ryan Frasier
Fuel Manager
Department of Public Works
2000 14th Street, NW, 8th Floor
Washington, DC 20009
Email: ryan.frasier@dc.gov
RE: FACILITY NAME: DC Transfer Station
FACILITY ADDRESS: 3200 Benning Rd NE, Washington DC 20019
FACILITY ID: 7000160
LUST CASE#: 2021015
Dear Mr Frasier:
The Department of Energy and Environment (DOEE), Underground Storage Tank Branch (“UST
Branch”), is issuing this Comprehensive Site Assessment (CSA) Directive Letter, pursuant to the
Underground Storage Tank Management Act of 1990 (D.C. Code § 8-113.01 et seq.) (the “Act”)
and the District of Columbia Underground Storage Tank Regulations, as set forth at Title 20 of
the District of Columbia Municipal Regulations (DCMR), Chapters 55-70 (20 DCMR §§ 5500-
7099).
A 4,000-gallon UST had failed tank tightness test in 1994. This tank was closed and a LUST
Case# 2000030 was opened on November 12, 1999, based on the suspected release.
Subsequently, a Comprehensive Site Assessment Report, dated August 21, 2002 submitted to
DOEE UST Branch indicated that ten soil samp les and one groundwater sample were collected
from the tank location and the laboratory results confirmed that the Site was heavily impacted.
DOEE, UST Branch noted that the LUST case # 2000030 was closed on January 23, 2009, based
on the laboratory results of two other tanks (one 5,000 gallon and one 10,000 gallon tanks) that
were removed from the Site in December 2004, which showed no impact in soil. This new
LUST case # 2021015 is being opened due to the confirmed impact from the 4,000- gallon tank
that remains at the Site and poses a threat to human health and environment.
February 23, 2021
LUST #2021015
3200 Benning Rd NE
Page 2 of 4
DPW is hereby directed to hire a LUST contractor and provide the following:
1. Work Plan - Within 45 days (by April 10, 2021) of this CSA Directive Letter,
submit a work plan that defines the scope, schedule and approaches for the task
required for the comprehensive site assessment. The work plan should include a site
diagram depicting the placem ent of all borings and wells or soil vapor monitoring
points. Please note that investigation for potential offsite impact may be appropriate.
The sampling work plan should show the position of existing and new ground water
monitoring wells, if any, and ground water flow direction, as well as proposed
monitoring well and soil sampling locations. The monitoring wells and sampling
locations must be positioned so that samples taken from them accurately represent the
nature and extent of contamination associated with the relea se of petroleum
product(s) on the Site.
2. Comprehensive Site Assessment Report - Within sixty (60) days following DOEE
approval of the Work Plan, submit a complete Comprehensive Site Assessment
(CSA) Report to delineate the extent of both groundwater and soil contamination and
include a site conceptual model. This CSA must be prepared in accordance with the
District's Comprehensive Site Assessment Protocol.
3. Corrective Action Plan – Upon review and approval of the CSA Report and any
subsequent assessment or monitoring reports, a Corrective Action Plan (CAP) may be
appropriate. Within forty -five ( 45) days of submission of the CSA Report, if the
contamination levels are found to be higher than DOEE’s regulatory standards ,1
prepare and submit a CAP for DOEE a pproval that proposes a remedial strategy to
address contamination in soil and/or ground water. The CAP must be prepared in
accordance with the provisions of 20 DCMR § 6207.
Chemicals of Concern - Analyze soil and groundwater samples in accordance with
DCRBCA Table 4 -1 including: i) volatile organic compounds (VOCs ) and
polycyclic aromatic hydrocarbons (PAHs) using EPA Method 8270; ii) total
petroleum hydrocarbon-diesel range organics (TPH -DRO); and iii) gasoline range
organics (TPH -GRO) using EPA Method 8015, and iv) the Resource Conservation
and Recovery Act (RCRA) metals.
4. CAP Implementation - Within thirty ( 30) days of DOEE’s approval of the CAP,
begin implementation of the CAP on the Site, pursuant to 20 DCMR § 6207.
5. Monitoring Reports – Throughout the assessment and CAP implementation and
after CAP implementation, continued monitoring of the site may be appropriate.
Monitoring reports must be submitted on a regular basis as directed by the
Department (typically monthly, each trimester, semi-annually, or annually based on
1 DOEE’s regulatory standards for ground water and soil may be found at 20 DCMR §§ 6208, 6209, and 6210.
February 23, 2021
LUST #2021015
3200 Benning Rd NE
Page 3 of 4
site conditions) until DOEE determines that no further action is necessary on the Site.
Case closure and issuance of a No Further Action letter by DOEE is contingent upon
all closure requirements being met, such as proper abandonment of monitoring wells
and removal of equipment from the Site ( see 20 DCMR § 6211 for a detailed listing
of closure requirements).
6. Note a LUST Activity Notification shall be sent to the UST Branch at least seven (7)
days before the actual field activities.
7. Greener Cleanups/Green Remediation – DOEE strongly encourages responsible
parties to consider and report green remediation strategies for LUST sites. The UST
Branch has begun an initiative to track green remediation strategies being
implemented in the District. In alignment with EPA’s “p olicy to evaluate and
minimize the environmental ‘footprint’ of activities undertaken when cleaning up a
contaminated site” (U.S. EPA Principles for Greener Cleanups; August 27, 2009),
DOEE is making efforts to better track green cleanups and requests that a statement of
the extent of green remediation being used at LUST case sites is included in every
CSA and CAP. RP’s may consult ASTM E2893 for standard guidance on greener
cleanups. Helpful links to green remediation practices may also be found here:
https://www.epa.gov/remedytech/green-remediation-best-management-practices-site-
investigation;
https://www.epa.gov/remedytech/green-remediation-incorporating-sustainable-
environmental-practices-remediation;
Please note that a permit is required for well installation from the DOEE Water Quality Division
and a Department of Consumer and Regulatory Affairs (DCRA) construction permit is required
for any site operations.
Any requests for extensions of time in which to complete each of the tasks listed above must be
received by the UST Branch in writing, no later than ten (10) days before the prescribed
deadline. DOEE reserves the right to amend this schedule at any time. If changes are made to
the schedule, you will be notified in writing.
Please note that pursuant to D.C. Code § 8-113.08(a) and 20 DCMR § 6300, DOEE is authorized
to enter the Site at any reasonable time, including while remediation is in progress, to inspect,
obtain copies of relevant documents, obtain samples or conduct monitoring or testing of any
tanks, associated equipment, contents, surrounding soils, air, surface water, or groundwater.
The UST Branch will review the results of this assessment in accordance with the above-
referenced laws and regulations to determine the necessity for additional assessment or
corrective action.
February 23, 2021
LUST #2021015
3200 Benning Rd NE
Page 4 of 4
Should you have any questions concerning this directive, please contact me or LUST Case
Manager, Berhan Teklu via telephone at 202- 697-0571 or e -mail at Berhan.teklu@dc.gov.
Please share this with other appropriate personnel at DPW and send us their contact information.
Sincerely,
Fianna Phill, Chief
Underground Storage Tank Branch
cc: Mr. Ronald Marshall, Former DPW UST Contact (via e-mail)
Mr. Robert Garrett, DPW Facilities Manager (via e-mail)
Mr. Richard Eley, DGS (via e-mail)
Mr Brian Killian, DGS (via e-mail)
Links: LUST CSA, CAP and DCRBCA Guidance:
https://doee.dc.gov/page/lust-forms-guidance-and-public-documents
Attachment B4
Additional Abatement at Incinerators
Potential Change Order
Project Name: DPW - Benning Road Transfer Station - Abatement and Demolition
AST #: DPW-012490-MISC
Project Address: 3200 BENNING ROAD NE WASHINGTON DC
PCO # 10008
Title 10008 - Additional Abatement at Incinerator
PCO Date 6/3/2025
Description of PCO Additional Abatement at Incinerator
Potential Change Reason
Proposed Cost $5,935,401.00
Acknowledged Cost $5,935,401.00
Proposed Schedule
Impact (Days)
180
Acknowledged Schedule
Impact (Days)
181
Requested Revised
Substantial Completion
Date
8/27/2026
Requested Revised Final
Completion Date
9/28/2026
Justification
Location
Drawing Reference
Dwg No. Title Rev. No. Rev. Date
Specification Reference
Spec. No. Title Rev. No. Rev. Date
DGS Determination PCO is acknowledged. There is merit to this PCO due to the unforeseen
hazmats discovered based on the Global Inc. hazmat survey required by the
original contract.
IGE Cost $6,201,250.00
Funding Source Additional Funds Required
Funding Notes Amount exceeds the threshold where a council package is necessary to fully
fund this PCO.
June 23rd, 2025
Attn: Mr. Lamarr Mayo
Government of the District of Columbia
Capital Construction Services
3924 Minnesota Ave. NE
Washington, DC 20019
Reference: DCAM-24-CS-IFB-0016 (“IFB”)
Benning Road Waste Transfer Station - Abatement and Raze Building
ATMOS -PCO-10008
Subject: Additional Abatement at Incinerator
Dear Mr. Mayo,
Atmos Solutions, Inc is requesting your consideration of PCO# 10008 for Additional Abatement at
Incinerator for Benning Road Waste Transfer Station - Abatement and Raze Building. As per section C.1.2.
in the IFB issued on August 15, 2024, an Environmental Report which generally describes the work
required to implement the Project (the “Work”) was provided to us . This report was used as a reference
document in the preparation of bid. This report did not include the scope described in the attached back-up
documentation.
Since the start of the project, DGS and DOEE have been requesting a HAZMAT investigation . This
proposal includes the scope needed to abate the contaminants discovered on site to dat e. We understand
that it has become necessary for us to perform this abatement scope in order for DOEE to provide us with
the needed approvals from the permitting agencies. As indicated in the HAZMAT Report shared with DGS
on May 5th, 2025, these findings were discovered on site from March 5 – April 23, 2025.
We look forward to DGS’ review and consideration on the attached proposed scope. Should you have any
questions or wish to discuss this matter further, please feel free to contact me directly at (202) 891-6959.
Sincerely,
______________________
Saad Moussamim
Senior Project Manager
Change Order Overview SECTION(S) REFERENCED
Additional Abatement at Incinerator
Total
Cost Breakdown
Change Order Description
Atmos Solutions Inc
6856 Eastern Avenue NW - Suite #205
Washington DC 20012
Point of Contact : Saad Moussamim
smoussamim@atmossolutionsinc.com
(202) 891-6959
DRAWING ID
Benning Road Transfer Station 10008 6/13/2025
Potential Change Order
PROJECT NAME Change Order # DATE OF REQUEST
25-003CT
Atmos Prject Number
REQUEST / CLARIFICATION / JUSTIFICATION
408,598.60$
12,000.00$
5,935,401.01$ Change Order Total
Phased Abatement & Logistics Plan
Atmos General Conditions
Industrial Hygiene Monitoring 467,395.48$
Scaffolding 390,000.00$
Lifts & Suppoting Services 266,160.00$
Disposal 432,500.00$
HAZMAT Report shared with DGS on May 5th, 2025 indicated these findings were discovered on site from March 5 – April 23, 2025
(127,000.00)$ Ash with Heavy Metals
505,837.30$
89,592.13$
Overhead & Profit (10%)
Bond (2%)
694,373.05$ Subcontractor OH+P & Bond
Identified Contaminated Material Abatement 2,795,944.45$
Description Unit Quantity HR Unit Price Extented Price
Project Executive WK 26 5 130.00$ 16,900.00$
Project Management WK 26 20 110.00$ 57,200.00$
Project Superintendent WK 26 40 90.00$ 93,600.00$
Safety Manager WK 26 40 100.00$ 104,000.00$
Trash Dumpster EA 12 - 750.00 $ 9,000.00$
Labor - General WK 14 40 55.00$ 770.00 $
Temporary power WK 26 - 1,500.00 $ 39,000.00 $
Field Office WK 26 - 350.00 $ 9,100.00$
Porta Johns WK 26 - 450.00 $ 11,700.00$
Office Supplies LS 1 - 1,000.00 $ 1,000.00 $
Signage LS 1 - 500.00 $ 500.00 $
Safety materials LS 1 - 3,500.00 $ 3,500.00 $
Overheard+ Profit - Labor (18%) 62,328.60$
408,598.60$
GENERAL CONDITIONS & REQUIREMENTS
Total Amount
Atmos Solutions Inc
6856 Eastern Avenue NW - Suite #205
Washington DC 20012
Point of Contact : Saad Moussamim
smoussamim@atmossolutionsinc.com
(202) 891-6959
8472 Walker Mill Road
Capitol Heights, Maryland 20743
Phone 301.333.2008 Fax 301.333.2208
June 9, 2025
Saad Moussamim
Atmos Solutions, Inc.
6856 Eastern Avenue NW, Suite 205
Washington, DC 20012
RE: Benning Road Transfer Station – Abatement Overview
Scope:
Progress will provide licensed supervision and labor, accompanied by materials and disposal
services, to remove the asbestos in accordance with the Global Supplementary Hazardous
Materials Inspection Report, dated May 1, 2025. This work will be conducted following all
applicable District of Columbia regulations as well as those set by the Environmental Protection
Agency and the Occupational Safety & Health Administration.
Pre-Abatement Preparations and Safety Measures
• Obtain all necessary permits for abatement from the District of Columbia.
• Install OSHA-compliant temporary lighting throughout all work areas to ensure
adequate illumination and promote safe work practices.
• Ensure all areas are safe for worker access, including repairing any missing handrails
on catwalks.
• The work area will be strategically divided into two large containments, with the central
office area serving as the break between them.
• Negative air pressure units equipped with HEPA filters will be continuously operated
to maintain negative pressure within each containment, preventing the spread of
asbestos fibers.
• All materials and their specified quantities, as listed in the Global survey dated May 1,
will be safely and thoroughly removed.
Equipment and Access for Asbestos Removal
The following equipment will be utilized to safely access various surfaces on the incinerator:
• Needle beam scaffolding will be installed to create a platform inside the incinerator at
the top, allowing access to the asbestos-containing tar and plaster.
• System scaffolding will be erected in the narrow area between the north side of the
incinerator and the brick wall.
• System scaffolding will also be employed for the damaged brick area, providing
flexibility to set up around compromised sections.
• On the upper floor, Frame and Brace scaffolding will be used for access.
• On the lower level, Aerial Articulating Lifts and Scissor Lifts will be deployed.
Asbestos Abatement Procedure (see abatement plan for more details)
• The asbestos removal process will commence at the top and progress downwards.
• Exterior panels will be carefully removed and lowered to the first floor, where they will be
cleaned and removed from the area.
• The asbestos insulation at incinerators will be meticulously removed using hand tools.
8472 Walker Mill Road
Capitol Heights, Maryland 20743
Phone 301.333.2008 Fax 301.333.2208
• To access the black tar plaster, scaffolding will be constructed inside each of the six
incinerators, allowing for removal from below.
Pre-Abatement Preparations and Safety Measures
• Obtain all necessary permits for abatement from the District of Columbia.
• Install OSHA-compliant temporary lighting throughout all work areas to ensure
adequate illumination and promote safe work practices.
• Ensure all areas are safe for worker access, including repairing any missing handrails
on catwalks.
• The work area will be strategically divided into two large containments, with the central
office area serving as the break between them.
• Negative air pressure units equipped with HEPA filters will be continuously operated
to maintain negative pressure within each containment, preventing the spread of
asbestos fibers.
• All materials and their specified quantities, as listed in the Global survey dated May 1,
will be
• safely and thoroughly removed.
Post-Abatement Ash Remediation
• Ash remediation will commence immediately upon the completion of asbestos
abatement.
• Four small openings will be created on each level to access the entire incinerator.
• • The interiors of the incinerators will be brushed to remove excess ash and dirt.
• At the bottom of the incinerator, hand tools will be used to collect the ash for proper
disposal.
Price & Duration:
Progress can perform the abatement as referenced for the lump sum of $4,578,977.00
Approximately six months to complete the abatement
Price Breakdown:
Progress will have one supervisor, five foremen, and 35 asbestos laborers over a period of 120
working days. To complete the abatement
No. Unit Rate Total
Supervisor 960 Hours $ 73.92 $ 70,963.20
Foremen 4800 Hours $ 66.98 $ 321,504.00
Worker 33600 Hours $ 56.77 $ 1,907,472.00
Worker 0 OT Hours $ 79.48 $ -
Driver 80 hours $ 56.77 $ 4,541.60
Program Manager 80 Hours $ 160.00 $ 12,800.00
Administrative 80 Hours $ 120.00 $ 9,600.00
Cost $ 2,326,880.80
Materials/Equipment/Sampling
8472 Walker Mill Road
Capitol Heights, Maryland 20743
Phone 301.333.2008 Fax 301.333.2208
No. Unit Rate Total
Disposable Coveralls 9600 Per Suit $ 7.45 $ 71,520.00
Rubber Gloves 4800 Pair $ 1.55 $ 7,440.00
Disposable Cloth (Rags) 240 Case $ 34.20 $ 8,208.00
Towels 240 Case $ 83.94 $ 20,145.60
Respirators 40 Each $ 11.82 $ 472.80
Respirator Filters (P100) 4800 Each $ 10.12 $ 48,576.00
Pre-filters (AFD) 6500 Each $ 5.23 $ 33,995.00
Flexible Exhaust Duct - Vinyl 25 Each $ 50.85 $ 1,271.25
Sockwave 0 5 Gal $ 92.89 $ -
Paint Brushes 0 Each $ 4.50 $ -
Leather Gloves 2400 Each $ 4.78 $ 11,472.00
Shower Filters 240 Each $ 4.76 $ 1,142.40
Vacuum Bags 500 Each $ 3.22 $ 1,610.00
Poly Sheeting 350 Rolls $ 187.00 $ 65,450.00
Encapsulation 50 5 Gal $ 75.00 $ 3,750.00
Adhesive Tape 120 Case $ 227.90 $ 27,348.00
Spray Adhesive 120 Case $ 97.23 $ 11,667.60
Disposal Bags 500 Roll $ 143.44 $ 71,720.00
Airless Sprayer 600 Each/Days $ 24.00 $ 14,400.00
Air Filtration Device 2800 Each/Days $ 15.00 $ 42,000.00
Vacuum Cleaner 600 Each/Days $ 10.00 $ 6,000.00
Cubic Yard Boxes 167 Each $ 125.00 $ 20,875.00
Subtotal $ 469,063.65
Rentals & Subcontractors No. Unit Rate Total
Lifts 24 each $ 5,490.00 $ 131,760.00
Scaffolding 6 each $ 65,000.00 $ 390,000.00
Industrial Hygienist 120 Days $ 1,120.00 $ 134,400.00
Subtotal $ 656,160.00
Disposal No. Unit Rate Total
Asbestos Trailer 47 each $ 6,500.00 $ 305,500.00
Ash with Heavy Metals 100 CY $ 1,270.00 $ 127,000.00
Subtotal $ 432,500.00
Total Before Profit $ 3,884,604.45
Overhead/Profitt 15% $ 582,690.67
Bond 2.5% $ 111,682.38
Total $ 4,578,977.50
As always, should you have any questions or concerns, please contact me via my cell phone,
(202) 355-3382, or email, tshears@progress-environmental.com
Sincerely,
8a, HUBZone, Woman Owned Minority Company.
7826 Eastern Ave NW,
Suite LL1,
Washington, DC 20012
Email: yansi@enviconservices.com
Website: enviconservices.com
June 10, 2025
Saad Moussamim
Atmos Solutions, Inc.
6856 Eastern Avenue NW, Suite 205
Washington, DC 20012
Abatement Proposal: Benning Road Incinerator
1.0 Executive Summary
This proposal outlines the scope of work, methodology, and cost for the safe and compliant abatement of asbestos-containing
materials (ACMs) and ash identified in the Global Supplementary Report dated 5/1/25. Our objective is to remove all
identified ACMs in accordance with federal, state, and local regulations, ensuring the health and safety of all personnel and
the surrounding environment.
2.0 Introduction
Envicon Services is a licensed and experienced asbestos abatement contractor committed to providing high-quality, safe, and
efficient asbestos removal services. With a proven track record in industrial environments, we understand the complexities
involved in the transfer station abatement and will execute this project with minimal disruption and maximum safety.
3.0 Project Understanding & Scope of Work
Based on the preliminary assessment and information provided, the following ACMs have been identified within the Transfer
Station:
● Listed in Global’s Report
○ Fireproofing - level 1
○ Sink Countertop - level 3
○ Transite Fume Hoods - level 3 & 4
○ Tar layer associated with plaster - level 3
○ Caulking at metal siding - exterior
○ Cementitious board on incinerators - throughout
○ Fire Doors – throughout
The scope of work for this project includes, but is not limited to, the following:
● Mobilization: Transport of all necessary equipment, personnel, and materials to the project site.
● Scaffolding:
○ Install scaffolding at the exterior of the incinerators
● Establishment of Regulated Work Area:
○ Isolation and negative pressure containment setup around the abatement zones.
○ Installation of decontamination units (personnel and equipment).
○ Signage and barrier placement to restrict unauthorized access.
● Asbestos Abatement Procedures:
○ Wetting and removal of identified ACMs using appropriate techniques
○ Careful handling and packaging of all ACMs into clearly labeled, sealed, and leak-tight waste bags/drums.
○ Thorough cleaning of all abatement areas, including HEPA vacuuming and wet wiping.
○ Encapsulation of remaining non-removable asbestos (if specified and agreed upon).
EnviCon Services
7826 Eastern Ave NW,
Suite LL1,
Washington, DC 20012
Email: yansi@enviconservices.com
Website: enviconservices.com
8a, HUBZone, Woman Owned Minority Company.
● Air Monitoring & Clearance:
○ Deployment of a qualified third-party industrial hygienist (IH) for air monitoring during abatement.
○ Final clearance air sampling and visual inspection to ensure the absence of airborne asbestos fibers above
regulatory limits.
● Waste Disposal:
○ Transport of all asbestos waste to an approved, licensed landfill.
○ Provision of all necessary waste manifests and disposal documentation.
● Demobilization: Removal of all equipment, personnel, and materials from the site upon successful completion and
clearance.
4.0 Methodology & Procedures
Our abatement procedures will adhere strictly to all applicable regulations, including but not limited to:
● OSHA 29 CFR 1926.1101 (Asbestos in Construction)
● EPA NESHAP (National Emission Standards for Hazardous Air Pollutants) regulations
● D.C. Department of Energy & Environment (DOEE) regulations (DCMR) Title 20, Chapter 800
● Work Practices:
○ All ACMs will be thoroughly wetted with amended water prior to removal to minimize fiber release.
○ Tools and equipment will be decontaminated after each use.
○ Trained and certified asbestos abatement workers will perform all tasks under the direct supervision of a
competent person.
● Post-Abatement Procedures:
○ Visual inspection of the work area by the competent person and third-party IH.
○ Final air clearance sampling by the third-party IH.
○ Issuance of a clearance report by the third-party IH.
5.0 Health & Safety
Safety is our top priority. Our comprehensive Health and Safety Plan (HASP) for this project will address:
● Worker training and certification.
● Personal Protective Equipment (PPE) requirements (respirators, disposable suits, etc.).
● Medical surveillance program.
● Emergency procedures.
● Confined space entry protocols (if applicable).
● Lock-out/Tag-out procedures.
● Daily safety briefings.
6.0 Cost Proposal
The total cost for the comprehensive asbestos abatement services outlined in this proposal is:
Total Project Cost for Abatement is Five Million Four Hundred Thousand Dollars ($5,400,000.00)
7.0 Terms and Conditions
● This proposal is valid for 90 days from the date of issue.
● Any changes to the scope of work will be subject to a written change order.
● Access to the work area must be by a licensed asbestos worker.
Page 2
EnviCon Services
7826 Eastern Ave NW,
Suite LL1,
Washington, DC 20012
Email: yansi@enviconservices.com
Website: enviconservices.com
8a, HUBZone, Woman Owned Minority Company.
TERMS
Payment: Our final fee for this project will be billed at completion of the removal work, less any mobilization or
stage payments received during the project. Final payment for services will be due when rendered. After 30 days,
interest will be added to any outstanding balance at the rate of 1.5% per month. All costs of collection, including
reasonable attorneys' fees, will be added to the balance due whether a suit is filed or not.
This agreement does not include any services not specifically stated in this letter. Additional services that you, the
customer, may request will be subject to separate arrangements. Any changes, modifications, amendments to or
attachments that affect this proposal or any part of this proposal require acceptance by signature of the below
signed EnviCon Services, LLC representative. Issuance of a Notice to Proceed or a Letter of Intent for work to be
performed as described in this proposal constitutes acceptance of and binds the customer to the terms of this
agreement whether accepted by the customer’s signature, as provided for below, or not.
EnviCon appreciates the opportunity to provide this quote, and we look forward to working with you. If you have
any questions or require further assistance, please do not hesitate to call.
Sincerely,
Yansi Hernandez Marroquin
President
Please indicate your acceptance of the above terms and the extent of this project by signing in the space
provided below and returning a copy to EnviCon Services, LLC.
Page 3
1818 New York Avenue NE, Suite 217 (443) 691-0455
Washington, DC 20002 www.globalincusa.net
Environmental Engineering • Industrial Hygiene • Safety
June 12, 2025
Mr. Anthony Fernando
President
Atmos Solutions, Inc.
1664 Columbia Rd NW, Suite 22
Washington, DC 20009
Re: Industrial Hygiene Monitoring Services – Benning Road Transfer Station
Dear Mr. Fernando,
Global, Inc., an MDOT certified MBE/DBE and SBA 8(a) and DC CBE/SBE/LBE firm, is
pleased to submit our pricing for hazmat abatement monitoring services for the Benning
Road Transfer Station Project.
The hazmat abatement monitoring will be performed under the supervision of a Certified
Industrial Hygienist, by EPA -certified asbestos inspectors. All our inspectors have
completed the 30-hr OSHA Safety Training and relevant EPA Asbestos Training. During
the hazmat abatement work , our industrial hygienists will monitor the work practices,
integrity of containments, perform air monitoring and final clearance air sampling, and
compile daily industrial hygiene reports and air monitoring data sheets. Our scope of
work is summarized below:
Hazmat Abatement Monitoring
1. Perform baseline air sampling and visual inspection of abatement containment for
integrity
2. Verify the training records, licenses and medical records of abatement workers
3. Perform Work Area, Environmental, and Final Clearance Air Sampling for
asbestos
4. Perform weekly air sampling for Lead, Cadmium and Chromium
5. Compile daily industrial hygiene monitoring reports and data sheets
Our price proposal for hazmat abatement monitoring is provided in Attachment I.
We appreciate the opportunity to submit this proposal, and look forward to provide
hazmat abatement monitoring services to Atmos . Please contact me on my mobile
(443.691.0455) if you have any questions.
page 2 of 3
Environmental Engineering • Industrial Hygiene • Safety
Sincerely,
Channa Bambaradeniya, PhD.
(CIH, CSP, CHMM, PMP)
page 3 of 3
Environmental Engineering • Industrial Hygiene • Safety
Attachment I: Cost Estimate for Hazmat Abatement Monitoring
Description Rate Unit Qty Total
Labor
Industrial Hygienist1 $75.00 Hour 2,240 $ 168,000.00
Project Manager $100.00 Hour 168 $ 16,800.00
Certified Industrial Hygienist $150.00 Hour 1,120 $ 168,000.00
Laboratory Analytical Costs
PCM Air Sample Analysis (on-site)2 $6.00 Each 1,680 $ 10,080.00
Multi-Metals Analysis (Pb, Cd, Cr) Air (2-day
TAT)3 $125.00 Each 168 $ 21,000.00
TCLP samples for RCRA-8 Metals (5-day TAT) $325.00 Each 5 $ 1,625.00
Bulk sample analysis for asbestos (24-hr TAT) $25.00 Each 36 $ 900.00
Total $ 386,405.00
Admin Overhead (12%) $ 46,368.60
Profit (8%) $ 34,621.88
Total Estimated Cost3 $ 467,395.48
Assumptions:
1Two Industrial Hygienists per day, at 8 hours per day, 40 hours per week for 28 weeks;
2Final clearance for asbestos fibers in air would be via PCM sampling and analysis on-site;
3 One day per week for 28 weeks (6 air samples per day)
4Billing for hazmat abatement monitoring services would be on a time and material basis.
6933 Colchester Park Drive, Suite 3
Manassas, Virginia 20112
571-255-9652
www.scaffoldingsolutions.com
Scaffolding Solutions is SBA Small Business Certified. SWAM Number 667028. Federal Contracts / CCR Cage Code: 4ZLX8, Duns # 162391184 1
June 10, 2025 (REVISED) – T&M Contract
Gamini B. Ekanayake (AKA - GB)
Atmos Solutions, Inc.
6856 Eastern Ave. NW
Washington, DC 20012
Cell: 775-527-5226
ijayatilake@atmossolutionsinc.com / gbekanayake@atmossolutionsinc.com / afernando@atmossolutionsinc.com
General Scope Provisions of Labor of Work
The work as defined is not limited to the following description, which appears here as a general guideline and is not intended
to represent each and every item necessary to perform the work.
The work shall consist of transportation of material to and from, erection, and dismantle of our Services of Scaffolding &
related work in accordance with the project documents.
In addition to all other requirements this Subcontract shall include:
• Provide labor as directed by Scaffolding Solutions to complete the work for our Services (noted above).
• Agree upon a monthly rental in writing with freight charges before work is to begin (per project) with Scaffolding
Solutions, which will be submitted on a daily basis for the daily explanation of work that is being performed.
• All monthly rates will apply until client calls off the rental and the material has been cleaned onsite. Each monthly
rate is for a cycle of 28 days. We will pro-rate to a daily rate the monthly rental charge only after 1 cycle has been
completed.
• Scaffolding Solutions shall pay all wages to workers in strict accordance with the applicable Department of Labor
Wage Determination for this contract.
• Scaffolding Solutions shall provide comply with all applicable Labor Standards Provisions of the contract.
• Scaffolding Solutions shall pay all applicable taxes, wages, and insurance.
• Scaffolding Solutions shall provide all necessary insurance per our standard COI (please see attached). If any
additional insurance is required, pricing is subject to change.
• Scaffolding Solutions shall provide Supervision to achieve the required quality control, estimated schedule, and
safety.
• Atmos Solutions shall provide Supervision / on-site representation to work with Scaffolding Solutions Supervision to
achieve job completion (at their cost).
• Scaffolding Solution employees will provide their standard PPE (boots, harnesses, lanyard, ropes, hardhat, safety
glasses, gloves). All additional PPE will be the responsibility of Atmos Solutions unless that option is agreed upon
(see pricing below).
• All hours of labor to be billed on T&M basis.
• All on-site work to be performed between the hours of 6AM – 4PM Monday through Friday (Holidays not included).
Overtime is optional if needed per rates below.
• If work not performed in this time period noted above or if performed on Saturday or if work is emergency, there will
be a charge of 1.5 the standard hourly rate.
• If work needs to be performed on a Sunday & Holidays, there will be a charge of 2.0 the standard hourly rate.
• All work is charged a minimum of 8 hours per day per man if work is not cancelled the night before. Any holdup on
the project does not constitute us providing any discount on the labor, material or freight charges.
Benning Road Transfer
Station
6 Incinerators to be scaffold on
exterior
3200 Benning Road NE
Washington, DC 20019
6933 Colchester Park Drive, Suite 3
Manassas, Virginia 20112
571-255-9652
www.scaffoldingsolutions.com
Scaffolding Solutions is SBA Small Business Certified. SWAM Number 667028. Federal Contracts / CCR Cage Code: 4ZLX8, Duns # 162391184 2
• Atmos Solutions to provide all or any extra materials & PPE to complete the job (ie – lighting, drawings, Tyvek suits,
respirators, respirator cartridges, soap and water to clean the employee hands and to clean Scaffolding Solutions
equipment, etc. Scaffolding Solutions has offered a price below for the soap, lighting, Tyvek suits, respirators, and
respirator cartridges.
• Scaffolding Solutions Worker pricing includes all tools, equipment, standard PPE, and standard miscellaneous
materials (wire, screws…..).
• Scaffolding Solutions will provide a respirator test for our employees before we start the job and one time after the
job is completed.
• All work is contingent upon mutually agreeable scheduling.
• Customer to pay any taxes associated with the work being performed.
• All work is to be paid in 30 days. We will submit a daily work performance report that MUST be signed-off on daily
(by an Atmos Solutions representative) with our weekly billing for your records.
GENERAL TERMS AND CONDITIONS
1. Work site to be clean, free of debris, and ready for work.
2. Bond not included in scope but may be provided at 1.21% rate if requested
3. Engineered, stamped drawing is not included in scope
4. A 3% fee will be charged for all credit card payments
5. Transfer fees and payment actions for electronic payments are not included in the total price quoted and will be an added cos t
6. Customer responsible for adequate lighting to safely erect/dismantle scaffold.
7. For interior compartments, customer to provide a clean and dry space certified “safe for men, safe for hot work” and be inspe cted by
customer in accordance with current regulation on a daily basis.
8. Customer to provide access cuts, as needed, for interior compartments.
9. Customer responsible for all permits.
10. Customer responsible for daily scaffold inspections following acceptance of installed components. Scaffolding Solutions, LLC can
accomplish daily inspections; however this will be subject to negotiated arrangements.
11. Containment once erected and accepted by customer representative can be repaired/replaced by Scaffolding Solutions, LLC subje ct to
negotiated arrangements.
12. Scaffolding Solutions, LLC not responsible for injuries arising from individuals accessing incomplete/”tagged out” scaffoldin g/scaffold
structures.
13. This quotation is based upon availability of personnel and equipment at time of award.
14. This quotation is good for 30 days.
15. Customer agrees to term of net 30 days. There will be a 1.5% finance charge on all past due invoices.
16. Provisions by specific contract and itemized quotation will also apply.
SCAFFOLD RENTAL AGREEMENT CONTRACT
1. Scaffolding monthly rental billing period is for 28 days usage. Prorated usage after the first month will be charged at the daily rate of 1/28th
of the specified monthly rate.
2. Rental period begins upon delivery receipt of material; or acceptance of completed scaffold structure by lessee’s “Competent Person”, if
erection service is provided by Scaffolding Solutions, LLC. Rental period terminates upon equipment return; or start o f scaffold structure
dismantle process by Scaffolding Solutions, if dismantle service is provided by Scaffolding Solutions.
3. Lessee acknowledges receipt of the herein described personal property by delivery shipping ticket; or Lessee’s Competent Pers on
acknowledgement receipt.
4. Both parties agree that the property was inspected by the Lessor and personally examined by the Lessee at the time of deliver y to and
accepted by the Lessee and that the property was in good and serviceable condition.
5. Title to the rented property is and at all times shall remain in the Lessor. Only the parties hereto and those other persons whose names
are listed on the reverse side, are authorized to use the property and Lessee will not permit the property to be used by any other person or
at any other address other than the address designated on the reverse side without the expressed consent of the Lessor.
6. The parties agree that the Lessor is not the manufacturer of said property nor the agent of the manufacturer and that no warr anty is given
against evident or hidden defects in material, workmanship or capacity.
7. In the event that the rental property becomes unsafe or in a state of disrepair, Lessee agrees to immediately discontinue its use and
promptly return it to the Lessor. If the condition is no the fault of the Lessee, the Lessor shall replace it with proper ty of a like kind in good
working order.
6933 Colchester Park Drive, Suite 3
Manassas, Virginia 20112
571-255-9652
www.scaffoldingsolutions.com
Scaffolding Solutions is SBA Small Business Certified. SWAM Number 667028. Federal Contracts / CCR Cage Code: 4ZLX8, Duns # 162391184 3
8. At the termination of this agreement, the Lessee will promptly return the rented property and all it’s parts and attachments, to the Lessor’s
place of business. It is to be in the same condition as it was received, ordinary wear and tear expected. The Le ssee agrees to pay for any
damage to the property or loss of its parts or attachments, while in his possession or control. Should collection or litigat ion become
necessary to collect damage and or loss, Lessee aggress to pay all collection charges, includ ing reasonable attorney’s fees and court cost.
9. Lessor shall not be liable to Lessee for any loss, delay or damage of any kind resulting form defects or inefficiency of the rented property or
accidental breakage.
10. Lessee agrees to indemnify and save harmless the Lessor against all loss. Damage, expense and penalty arising from any action on
account of any injury to person or property occasioned by the operation, handling or transportation of the leased property du ring the rental
period or while the property is in the possession or control of the Lessee.
11. Lessee will give Lessor immediate notice of any levy attempted upon the rental property, or if the property for any cause bec omes liable to
seizure, and indemnify Lessor against all loss and damages caused by such action, including Lessor’s reasonable atto rney’s fees and
expenses.
12. Lessee will not retain the rental property beyond the “Due In” time without prior notice to and the consent of the Lessor. Le ssee will; pay
rental price in advance or with prior agreement with Lessor, immediately upon return of the property. Should collec tion or litigation become
necessary, Lessee agrees to pay all collection charges, including reasonable attorney’s fees and court cost.
13. At Lessor’s sole discretion, all charges may revert to the daily rate if any monthly statement or invoice is not promptly pai d. Lessor will not
make a refund on any items out over thirty (30) minutes. Lessor may at his sole discretion, report the rental property stolen if held beyond
“Due In” date.
14. Lessee waives and releases Lessor from all claims for injuries or damages to Lessee arising out to the use of the rental prop erty by
Lessee.
15. Lessee agrees that should any paragraph or provision violate the law and is unenforceable, the rest of the agreement will be valid.
16. Customer agrees to terms of net 30 days. There will be a 1.5% finance charge on all past due invoices.
17. [Contractor] may retain out of each progress payment a “retainage” equal to [five percent (5%)] of the dollar value of the pa yments due to
[Scaffolding Solutions, LLC]. Upon [Scaffolding Solutions, LLC]’s completed dismantling and removal of the scaffoldin g Work and
submission of a final application for payment, [Contractor] will release the previously withheld retainage to [Scaffolding So lutions, LLC].
18. Provisions by specific contract and itemized quotation will also apply.
NOTE: PER CURRENT WAGE SCALE for Washington DC General Decision #: DC20210001 dated 1/1/21 is @ $27.77 Skilled Laborer & $8.63 fringe –
please note, this information has not been confirmed and pricing below will change if these rates change.
NOTE: Scaffolding Solutions will look to install completely 1 incinerator on an agreed upon time schedule with Atmos Solutions for erection,
dismantling, and cleaning the material per incinerator. Please note, the material is on-rent once it has been delivered to the site and will be off-
rent after the material has been cleaned on-site.
Based on site visit, and information provided, the pricing below is only a BUDGET. Pricing subject to change once scope, and design are
agreed upon.
• Current Rate per man per hour / day is @ $105.00 HR / $840.00 an 8 hour day with Wage Scale included (No taxes on labor in
Washington, DC). Estimated labor cost to erect and dismantle 1 incinerator is: $325,714.29 x 6 incinerators = $1,954,285.74.
• 28-day rental cost for 1 incinerator @ $84,000.00 + 6% tax ($5,040.00) = $89,040.00 per 10 weeks x 6 incinerators = $534,240.00 (10
weeks of rental per incinerator - 4 weeks for Scaffolding Solutions to perform our work & 6 weeks for Atmos Solutions work )
• Freight @ $8,960.00 per incinerator x 6 incinerators = $53,760.00 + 6% Tax ($3,225.60) = $56,985.60.
• Miscellaneous material costs @ $2,240.00 per incinerator x 6 incinerators = $13,440.00 + 6% Tax ($806.40) = $14,246.40.
• Respirator Test $38,976.00 which covers their time and the cost of the test.
• Tyvek Suites, respirators, respirator cartridges, lighting, and soap (Atmos Solutions to provide all water for cleaning) @ $224,000.00.
TOTAL @ $2,822,733.74
APPROVED BY: (SIGNATURE) ______________________________________________________
PRINT NAME: __________________________________________________________________
DATE: ________________________________________________________________________
PO (IF REQUIRED): ______________________________________________________________
POSITION: _____________________________________________________________________
Attachment B5
Phase II Hazmat Remediation Analysis
Potential Change Order
Project Name: DPW - Benning Road Transfer Station - Abatement and Demolition
AST #: DPW-012490-MISC
Project Address: 3200 BENNING ROAD NE WASHINGTON DC
PCO # 10011
Title Phase II - Hazmat Remediation Analysis
PCO Date 7/30/2025
Description of PCO Phase II - Hazmat Remediation Analysis
Potential Change Reason DGS Request
Proposed Cost $198,173.00
Acknowledged Cost $198,173.00
Proposed Schedule
Impact (Days)
0
Acknowledged Schedule
Impact (Days)
0
Requested Revised
Substantial Completion
Date
Requested Revised Final
Completion Date
Justification DGS/DOEE Request
Location
Drawing Reference
Dwg No. Title Rev. No. Rev. Date
Specification Reference
Spec. No. Title Rev. No. Rev. Date
DGS Determination Fund contractor cost for Phase II Hazmat Remediation Analysis
IGE Cost $201,102.00
Funding Source Additional Funds Required
Funding Notes Funding to be approved via council package.
July 30 th , 2025
Attn: Mr. Lamarr Mayo
Government of the District of Columbia
Capital Construction Services
3924 Minnesota Ave. NE
Washington, DC 20019
Reference: DCAM-24-CS-IFB-0016 (“IFB”)
Benning Road Waste Transfer Station - Abatement and Raze Building
ATMOS -PCO-10011
Subject: Phase II - Hazmat Remediation Analysis
Dear Mr. Mayo,
Atmos Solutions, Inc is requesting your consideration of PCO#10011 for Phase II Hazmat Remediation
Analysis for Benning Road Waste Transfer Station - Abatement and Raze Building. As per section C.1.2.
in the IFB issued on August 15, 2024, an Environmen tal Report which generally describes the work
required to implement the Project (the “Work”) was provided to us. This report was used as a reference
document in the preparation of bid. This report did not include the additional testing included in thi s
potential change order.
Since the start of the project, a permitting agency (DOEE) has been requesting that additional contaminants
be tested as part of the process of receiving the n ecessary approvals for AHJ approvals. As this is no t a
typical requirement, we are requesting DGS to revie w and approve the attached proposal and scope in
response to DOEE’s recommendations.
Should you have any questions or wish to discuss this matter further, please feel free to contact me directly
at (202)891-6959.
Sincerely,
______________________
Saad Moussamim
Senior Project Manager
Project Name
APPROVED
REVISE AND RESUBMIT
REJECTED
BY
SUBMITTAL#
DATE
SPEC
✔
LamarrMayo
9/9/2025
PCO 10011
Phase II Haz Rem
This review is only for general conformance of the project and general compliance.
Corrections or comments made on these drawings during this review do not relieve
Contractor/Subcontractor from compliance with the requirements of the Contract
Documents. Contractor is responsible for coordinating all dimensions, fabrication and
existing conditions with all other project information
APPROVED AS NOTED
Benning Road Transfer Station
1818 New York Avenue, NE, Suite 217, Washington, DC 20002 Telephone: (443) 691-0455
July 30, 2025
Anthony Fernando
President
Atmos Solutions, Inc.
Via email: afernando@atmossolutionsinc.com
RE: Cost proposal for Phase II Hazmat Survey - Benning Rd Transfer Station
Dear Tony,
Global, Inc., a DC -CBE/SBE environmental consulting firm, is pleased to submit our cost
proposal for a pre-demolition supplemental hazmat survey at t he Benning Road Transfer
Station, located at 3200 Benning Road NE, Washington DC, 20019. All work on this project will
be performed by trained inspectors, under the guidance of a Certified Industrial Hygienist.
Based on our communications with you, and the requirements of the DC Department of
General Services, our scope of work is provided below:
1. Compile Phase II Sampling and Analysis Plan and Review QAPP
2. Collect and submit samples of media specified by DGS/DOEE to be analyzed by an
accredited laboratory for the following chemicals of concern:
a. TPH DRO/GRO (SW846 8015)
b. Total RCRA 8 Metals (SW 846 6010/6020/7470/7471)
c. PCB (SW846 8082)
d. PAHs (EPA 625/SW846 8270)
e. TCL Volatiles and TICs (EPA 624/SW846 8260) – includes BTEX
f. PFAS (EPA 1633)
g. 2378-TCDD/TCDF (Dioxins & Furans) (EPA 1613/SW846 8290)
3. Review lab results and compile Phase II hazmat inspection report
Our total price for completing the above scope of work is $ 102,338.20. Our detailed cost
estimates are provided in Attachment I, and subject to the following assumptions:
1. Atmos will arrange access to the building.
2. Any locations that pose safety concerns for the inspectors will not be accessed.
3. Any additions to the scope of work will be considered as a change order.
4. Atmos will prepare the QAPP and GLOBAL will review it.
See Attachment II for the sampling media, chemicals of concern, and number of samples.
Hazmat Remediation Analysis
- Benning Rd Transfer Station
1818 New York Avenue, NE, Suite 217, Washington, DC 20002 Telephone: (443) 691-0455
2
We appreciate the opportunity to submit this proposal . Please contact me at 443.691.0455 (cell)
if you have any questions.
Sincerely,
Channa Bambaradeniya, PhD, CIH, CSP, CHMM, PMP
President – Global, Inc.
1818 New York Avenue, NE, Suite 217, Washington, DC 20002 Telephone: (443) 691-0455
3
Attachment I: Cost Estimates
(A) Compilation of SAP and Review QAPP
Description Rate Unit Qty Total
Labor
Certified Industrial Hygienist $150.00 Hour 48 $ 7,200.00
Total Estimated Cost $ 7,200.00
(B) Phase II Hazmat Survey and Reporting
Description Rate Unit Qty Total
Labor
Project Manager $100.00 Hour 40 $ 4,000.00
Hazmat Inspector $75.00 Hour 64 $ 4,800.00
Hazmat Technician $65.00 Hour 64 $ 4,160.00
CADD Technician $70.00 Hour 16 $ 1,120.00
Certified Industrial Hygienist $150.00 Hour 64 $ 9,600.00
Laboratory Analytical Costs
TPH DRO/GRO $175.00 Each 30 $ 5,250.00
Total RCRA 8 Metals $155.00 Each 50 $ 7,750.00
PCB $150.00 Each 50 $ 7,500.00
PAHs $190.00 Each 55 $ 10,450.00
TCL Volatiles and TICs $175.00 Each 28 $ 4,900.00
PFAS (Solids) $675.00 Each 10 $ 6,750.00
PFAS (Sludge/Water) $775.00 Each 14 $ 10,850.00
TCDD/TCDF $750.00 Each 22 $ 16,500.00
Total Estimated Cost $ 94,630.00
Note: All COCs will be analyzed on a 2-week TAT
Hazmat Survey - Benning Rd
Hazmat Remediation Analysis
1818 New York Avenue, NE, Suite 217, Washington, DC 20002 Telephone: (443) 691-0455
4
Pricing Summary
Details Amount ($)
Compilation of SAP and Review QAPP $ 7,200.00
Phase II Hazmat Survey and Reporting $ 94,630.00
Total $ 101,830.00
Administration Overhead (12%) $ 12,219.60
Profit (8%) $ 9,123.97
Total Estimate $ 123,173.57
Hazmat Survey - Benning Rd
Hazmat Remediation Analysis
Attachment B6
Survey and Asbuilt of Existing Piles
Potential Change Order
Project Name: DPW - Benning Road Transfer Station - Abatement and Demolition
AST #: DPW-012490-MISC
Project Address: 3200 BENNING ROAD NE WASHINGTON DC
PCO # 10015
Title DOEE Lust Case Resolution (Additional Boring)
PCO Date 9/16/2025
Description of PCO DOEE Lust Case Resolution (Additional Boring)
Potential Change Reason Unforeseen Conditions
Proposed Cost $5,134.00
Acknowledged Cost $5,134.00
Proposed Schedule
Impact (Days)
0
Acknowledged Schedule
Impact (Days)
0
Requested Revised
Substantial Completion
Date
Requested Revised Final
Completion Date
Justification This scope of services prepared for this proposal is based on the tasks Atmos
and Subcontractor were required to propose as a revision to the CSA
Workplan to DOEE. Please, find attached Atmos breakdown attached
including Atmos' Overhead/Profit & Bond and supporting subcontractor
back-up documentation.
Location
Drawing Reference
Dwg No. Title Rev. No. Rev. Date
Specification Reference
Spec. No. Title Rev. No. Rev. Date
DGS Determination DGS agree on merit based on additional requirement emplaced by DOEE.
IGE Cost $0.00
Funding Source
Funding Notes
September 16th, 2025
Attn: Mr. Lamarr Mayo
Government of the District of Columbia
Capital Construction Services
3924 Minnesota Ave. NE
Washington, DC 20019
Reference: DCAM-24-CS-IFB-0016 (“IFB”)
Benning Road Waste Transfer Station - Abatement and Raze Building
ATMOS -PCO-10015
Subject: DOEE LUST Case Resolution (Additional Boring)
Dear Mr. Mayo,
Atmos Solutions, Inc is requesting your consideration of PCO# 10015 for DOEE LUST Case Resolution
for Benning Road Waste Transfer Station - Abatement and Raze Building . On February 23, 2021, the
District Department of Energy and Environment (DOEE) opened Leaking Underground Storage Tank
(LUST) Case #2021-015 for 3200 Benning Road NE and issued a directive letter for a Comprehensive Site
Assessment (CSA) and potential remediation activities. The LUST Case was opened due to the
contamination previously identified around the 4,000 gallon underground storage tank (UST).
This scope of services prepared for this proposal is based on the tasks Atmos and Subcontractor were
required to propose as a revision to the CSA Workplan to DOEE. Please, find attached Atmos breakdown
attached including Atmos’ Overhead/Profit & Bond and supporting subcontractor back-up documentation.
Should you have any questions or wish to discuss this matter further, please feel free to contact me directly
at (202)891-6959.
Sincerely,
______________________
Saad Moussamim
Senior Project Manager
Project Name
APPROVED
REVISE AND RESUBMIT
REJECTED
BY
SUBMITTAL#
DATE
SPEC
✔
LamarrMayo
9/17/2025
PCO 10015
LUST Addl Boring
This review is only for general conformance of the project and general compliance.
Corrections or comments made on these drawings during this review do not relieve
Contractor/Subcontractor from compliance with the requirements of the Contract
Documents. Contractor is responsible for coordinating all dimensions, fabrication and
existing conditions with all other project information
APPROVED AS NOTED
Benning Road Transfer Station
Change Order Overview SECTION(S) REFERENCED
DOEE Lust Case Resolution (Additional Boring)
Total
Cost Breakdown
Change Order Description
Atmos Solutions Inc
6856 Eastern Avenue NW - Suite #205
Washington DC 20012
Point of Contact : Saad Moussamim
smoussamim@atmossolutionsinc.com
(202) 891-6959
DRAWING ID
Benning Road Transfer Station 10015 9/16/2025
Potential Change Order
PROJECT NAME Change Order # DATE OF REQUEST
25-003CT
Atmos Prject Number
REQUEST / CLARIFICATION / JUSTIFICATION
4,575.50$
5,134.00$ Change Order Total
Boring ECS-05
DOEE Lust Case Resolution Directive (Additional Boring)
457.50$
101.00$
Overhead & Profit (10%)
Bond (2%)
Atmos Project Management -$
ECS Mid-Atlantic, LLC
REQUEST FOR CHANGE ORDER
ECS is pleased to provide the professional services outlined in the proposed scope of services below.This contract
confirms your authorization for the services requested, and your agreement to the Terms and Conditions used for
the original project (ECS Project No. 47:21374-A).
PROJECT INFORMATION
Change Order No.: #1
Project Name: Benning Road Transfer Station Date: September 11, 2025
Street Address: 3200 Benning Road NE ECS Proposal No.: 47:40933-EP
City, State, Zip: Washington, District of Columbia 20019 County: District of Columbia
CLIENT INVOICE INFORMATION
Firm: Atmos Solutions Inc. Attn: Saad Moussamim
Mailing Address 6856 Eastern Ave NW Phone: 202-891-6959
City, State, Zip Washington, District of Columbia 20012 Email: smoussamim@atmossolutionsinc.com
PROPOSED ADDITIONAL SCOPE OF SERVICES
ECS Mid-Atlantic, LLC (ECS) provided Environmental Consulting Services for a Comprehensive Site Assessment (CSA)
at the Benning Road Transfer Station, located at 3200 Benning Road NE in Washington, District of Columbia, District
of Columbia (ECS Project No. 47:21374-A).The initial budgetwas based onthe assumption that the approved CSA
work plan would consist offour borings performed on the east side of the building in the vicinity of the former UST
(ECS-01 through ECS-04), and converting each of the four borings into permanent groundwater monitoring wells.
ECS was informed that the work plan was submitted to the District Department of Energy and Environment (DOEE)
for their review. Based on the review and comments added by DGS to the work plan datedAugust 29, 2025, an
additional soil boringis being requested to be advancedon the west side of the building (ECS-05) to collect one
additional subsurface soil sampleto supplement two borings prevoiusly drilled on the east side of the boring as part
of the subsurface sampling event. The CSA Work Plan was revised to include this additional task and resubmitted
on September 8, 2025.
Boring ECS-05 will be drilled utilizing 3.25-inch hollow stem, continuous flight augers to a depth of 25 feet below
surface grade (bsg) or saturated conditions, whichever is encountered first. During drilling operations, soil samples
will be continuously collected and field screened for the presence of volatile organic compounds (VOCs) using
a photoionization detector (PID). Based on PID readings and other observations (visual and olfactory), two soil
samples from each boring will be selected for laboratory analysis.The soil samples will be preserved in the field
in accordance with EPA Method 5035.Following completion, this boring will be grouted with a bentonite-cement
mixture as required by DOEE.
ECS Mid-Atlantic, LLC
14026 Thunderbolt Place, Suite 100, Chantilly, Virginia 20151 • T:703-471-8400
ECS Florida, LLC • ECS Mid-Atlantic LLC • ECS Midwest, LLC • ECS Pacific, Inc. • ECS Southeast, LLC • ECS Southwest, LLP
ECS New York Engineering, PLLC - An Associate of ECS Group of Companies • ecslimited.com
"ONE FIRM. ONE MISSION."
Laboratory analysis will include the following contaminants of concern (COC) identified in the Directive Letter:
total petroleum hydrocarbons gasoline-range organics and diesel-range organics (TPH-GRO and TPH-DRO) by
EPA Method 8015B, polycyclic aromatic hydrocarbons (PAHs) by EPA Method 8270, Resource Conservation and
Recovery Act (RCRA) 8 metals by EPA method 6020, and volatile organic compounds (VOCs) by EPA Method 8260B.
The proposed sampling protocol will result in a maximum of eight soil samples.
Soil cuttings from the well drilling process will be containerized in 55-gallon drums, awaiting proper disposal. An
estimated two additional drums will be required for the additional boring.
This change order represents an increase to the budget in the originally authorized ECS Proposal No. 47:40933-EP,
dated July 11, 2025.
PROFESSIONAL FEE
ECS will provide the proposed scope of services for the estimated fee noted below.Should additional services be
necessary and/or requested, the scope and fee of such services will be provided to you for your review and approval
prior to being performed.
Item Units No. Rate Estimated Cost
Additional Soil Boring
Principal Geologist per hour 0.5 $230.00 $115.00
Environmental Project Manager per hour 1 $140.00 $140.00
Field Geologist per hour 4 $105.00 $420.00
Hollow stem auger per foot - 3.25 ID per foot 25 $22.50 $562.50
Standby Time/Moving Time lump sum 1 $414.00 $414.00
Hauling Water per day 1 $312.00 $312.00
Grout Soil Boring per foot 25 $21.00 $525.00
55-gallon drums per drum 2 $198.00 $396.00
Drum Disposal per drum 2 $225.00 $450.00
Subtotal: $3,334.50
Laboratory Analysis
Soil Analysis - TPH-DRO per sample 2 $48.00 $96.00
Soil Analysis - TPH-GRO per sample 2 $38.00 $76.00
Soil Analysis - VOCs per sample 2 $109.00 $218.00
Soil Analysis - PAHs per sample 2 $132.00 $264.00
Soil Analysis - RCRA 8 Metals per sample 2 $96.00 $192.00
Subtotal: $846.00
CSA Work Plan Revisions
Principal Geologist per hour 0.5 $230.00 $115.00
Project Manager per hour 2 $140.00 $280.00
Subtotal: $395.00
ESTIMATED TOTAL COST: $4,575.50
Item Fee
ECS Project 47:21374-A
ECS Mid-Atlantic, LLC
Page 2
Original Contract Amount (47:40933-EP Authorized August 4, 2025) $46,460.00
Change Order No. 1 (Fee for Additional Soil Boring and Sampling) $4,575.50
Total Contract Amount $51,035.50
ECS Project 47:21374-A
ECS Mid-Atlantic, LLC
Page 3
ECS Mid-Atlantic, LLC
September 11, 2025
ECS Proposal No. 47:40933-EP
The services described above will be rendered portal-to-portal from our office in Chantilly, Virginia.Rates are based
on a normal 8 hour work day, Monday through Friday, between normal business hours of 7:00 a.m. to 5:00 p.m.
Please indicate your acceptance of this Work Authorization by signing below:
Services Authorized By:
Signature:
Date:
Print Name:
Title:
Firm:
Signatory warrants his/her authority to bind the entity represented
For ECS Mid-Atlantic, LLC:
Signature
Environmental Project Manager: William Scott Huber
Signature:
Environmental Principal: David J. Bookbinder, C.P.G.
ECS Project 47:21374-A
ECS Mid-Atlantic, LLC
Page 4
Attachment B7
Survey and Asbuilt of Existing Piles
Potential Change Order
Project Name: DPW - Benning Road Transfer Station - Abatement and Demolition
AST #: DPW-012490-MISC
Project Address: 3200 BENNING ROAD NE WASHINGTON DC
PCO # 10016
Title Survey and AsBuilts of Existing Piles Directive
PCO Date 10/2/2025
Description of PCO Survey and AsBuilts of Existing Piles Directive
Potential Change Reason DGS Request
Proposed Cost $24,684.00
Acknowledged Cost $24,684.00
Proposed Schedule
Impact (Days)
0
Acknowledged Schedule
Impact (Days)
0
Requested Revised
Substantial Completion
Date
Requested Revised Final
Completion Date
Justification Necessary information needed as a result of this directive for design of new
facility
Location
Drawing Reference
Dwg No. Title Rev. No. Rev. Date
Specification Reference
Spec. No. Title Rev. No. Rev. Date
DGS Determination Proposed pricing is acceptable.
IGE Cost $47,626.00
Funding Source
Funding Notes
October 2nd, 2025
Attn: Mr. Lamarr Mayo
Government of the District of Columbia
Capital Construction Services
3924 Minnesota Ave. NE
Washington, DC 20019
Reference: DCAM-24-CS-IFB-0016 (“IFB”)
Benning Road Waste Transfer Station - Abatement and Raze Building
ATMOS -PCO-10016
Subject: Survey and Asbuilts of Existing Piles Directive
Dear Mr. Mayo,
Atmos Solutions, Inc is requesting your consideration of PCO# 10016 for the directive to provide Survey
and Asbuilts of existing piles for Benning Road Waste Transfer Station - Abatement and Raze Building .
On August 19, 2025, send us a requ est to price the Survey and Asbuilts services as per the following
guidelines. Survey and Submit Asbuilt data of the following:
1. Cross-sectional dimensions of the top of the cut pile
2. Horizontal location of the top of pile
3. Vertical location of the top of pile.
Refer to drawings in bid solicitation Attachment J.1.1 Alterations and Repairs BRSWTS to include drawing
S1 for information on piles.
This scope of services prepared for this proposal is based on the tasks Atmos and Subcontractor are
proposing to deliver to DGS, based on the direction above. Please, find attached Atmos breakdown attached
including Atmos’ Overhead/Profit & Bond and supporting subcontractor back-up documentation.
Should you have any questions or wish to discuss this matter further, please feel free to contact me directly
at (202)891-6959.
Sincerely,
______________________
Saad Moussamim
VP Design & Construction
Part of requested scope is for the contractor to establish at least 2 stable monuments on site for
future reference. Per emails with Atmos current price includes this feature. (DGS)
Project Name
APPROVED
REVISE AND RESUBMIT
REJECTED
BY
SUBMITTAL#
DATE
SPEC
LamarrMayo
10/3/2025
PCO 10016
Pile Asbuilt
This review is only for general conformance of the project and general compliance.
Corrections or comments made on these drawings during this review do not relieve
Contractor/Subcontractor from compliance with the requirements of the Contract
Documents. Contractor is responsible for coordinating all dimensions, fabrication and
existing conditions with all other project information
✔
APPROVED AS NOTED
Benning Road Transfer Station
2025-09-24
Saad Moussamim, AIA, NCARB, CCM
VP Design & Construction
Atmos Solutions Inc.
6856 Eastern Avenue NW, Suite 205
Washington, DC 20012
301-300-4476
smoussamim@atmossolutionsinc.com
Re:
Benning Road Refuse Transfer Facility (the “Project”)
3200 Benning Road NE
Washington, DC 20019
Proposal to provide Surveying Services (the “Proposal”)
Project Category: PUBLIC/CIVIC - Government: Federal
Dear Saad Moussamim, AIA, NCARB, CCM:
We are pleased to submit this Proposal to provide Surveying services for the above referenced project. Upon verbal or
written direction to proceed with performance of the services described herein, this Proposal, along with all attachments
thereto, will constitute a binding agreement (the “Agreement”) between Bowman Consulting Group Ltd. (“Bowman”) and
Atmos Solutions Inc. (the “Client”).
Project Understanding
It is our understanding that the Project consists of providing surveying services for the locations of exposed piles on the
Benning Road Transfer Facility as shown on the plan titled Pile Location Plan, dated 02-06-06 and prepared by SCS
Engineers.
Standard of Care - Services provided by Bowman under this proposal will be performed in a manner consistent with the
degree of care and skill ordinarily exercised by members of the same profession practicing under similar circumstances,
including standard of care at the time the services were provided.
Quality Control - A portion of the stated compensation is set-aside for Quality Control/Quality Assurance, which is part of the
Bowman Quality Control Policy.
SCOPE OF SERVICES AND FEES
The scope of services (the “Scope”) and associated fees shall be as follows:
1. Pile As-built Survey (SC-04)
Bowman will perform as-built surveying services of piles as shown on the PDF plan, titled “Pile Location Plan”, dated 02-
06-06 and prepared by SCS Engineers and located at the Benning Road Refuse Transfer Station located at 3200
Benning Road., NE in Washington DC.
For this as-built, we will utilize terrestrial LiDAR (laser scanning) equipment to gather data on the exposed portions of the
top of the piles that remain on the site after demo of the pile caps. Deliverables include the following:
• AutoCAD drawing with the following:
• Cross-sectional dimensions
• Horizontal location of the top of pile
• Vertical location of the top of pile
• General 2D outline of pile caps for locational context
• Assumptions
• Survey to be done in one (1) mobilization
• Exposed pile caps free of debris and can be observed from multiple areas throughout the building area
• Walls and demo debris are removed, and Bowman personal can freely move about the site in a safe
manner.
• If changes to the scope of work are requested, the estimated fee may be subject to adjustment.
• The laser scan data will be post processed and registered into a single seamless point cloud.
• Data will be provided in MD State Plane 1983(2011) and NAVD 1988
• Exclusions:
• 3D modeling of infrastructure systems, pdf exhibits, extraction and/or linework of features other than pile
caps
Acquisition Schedule
• 2 weeks from Notice to Proceed
Deliverable Schedule
• 3 weeks from receipt of field data
FEE: $18,500.00 Lump Sum
2. Property Recovery Survey (SC-01) (If required)
If in the event the client wishes to show the location of the piles in relation to the property lines, Bowman will perform a
property recovery survey on the area of “Transfer of Jurisdiction” Easement that surrounds the building, the survey will
on 3200 Benning Road NE Parcel 169/42 (Easement Area containing 376,800± square feet of land. The survey will
consist of recovering boundary and/or offset monumentation on the property and adjacent properties, and comparing
those found and those shown on land records researched in the Office of the Surveyor of the District of Columbia.
Property/easement lines will be shown and referenced to the aforementioned Cad file for the Piles. Pile Lines will be
dimensioned to the property lines.
FEE: $3,500.00 Lump Sum
DGS approval based on Atmos responsibility
to accommodate Subcontractor on these
items. (DGS)
SUMMARY MATRIX
Task Description (SC) Total Fee Type
1 Pile As-built Survey (SC-04) $18,500.00 Lump Sum
2 Property Recovery Survey (SC-01) (If required) $3,500.00 Lump Sum
Total Contract Value $22,000.00
ASSUMPTIONS
The fees quoted above are based on work being performed in a systematic, orderly, and progressive manner. If this is
impossible because of circumstances peculiar to the particular operations, lump sum fees listed shall not apply, and instead
work will be billed in accordance with our prevailing hourly rate schedule. The following circumstance, among others will
necessitate charges being based on hourly rates:
• Work requiring less than 4-hour survey party day at the site, unless performed at our discretion.
• Work area not cleared of trash, building materials, vehicles, earth, etc.
• Both horizontal and/or vertical control points destroyed so as to require resetting necessary control for the job.
• Work requiring overtime when requested by you. Under these conditions, hourly rates will be at 1.5 times the quoted
hourly rates charged. Sundays and holidays will be billed at 2.0 times the appropriate rate. All overtime is subject to
the availability of personnel.
EXCLUSIONS
The following services are specifically excluded from the scope of this agreement and may be performed as contract
addendums upon request:
• Items not specifically delineatedin Scope.
• Color Renderings
• Tree Survey
• Record Plats
• Monitoring and/or Testing
• Boundary Survey
• Site Design
• Permits
• Submission Fees
• Final Building Location
• ALTA/NSPS Land Title Survey
REIMBURSABLE EXPENSES
Reimbursable expenses shall include actual expenditures made by Bowman in the interest of the Project and will be
invoiced at the actual cost to Bowman plus fifteen percent (15%) for handling and indirect costs. Reimbursable expenses
shall include but not be limited to costs of the following:
• Mailing, shipping, and out source delivery (i.e. DHL, FedEx) costs.
• Fees and expenses of special consultants as authorized by the Client.
• Parking fees and mileage for employee travel by car to facilitate the project.
REPROGRAPHIC AND COURIER CHARGES
Reprographic, plotting, in-house courier, and archive retrieval services will be invoiced in accordance with Schedule A
attached hereto.
CLIENT RESPONSIBILITIES
The Client shall be responsible for obtaining permission for Bowman, its employees, agents and subcontractors to enter
onto the subject property and any properties in the vicinity as reasonably necessary for Bowman to perform the services
described herein. By either countersigning this Proposal or verbally authorizing Bowman to proceed, the Client warrants and
represents that it has obtained such permission. The Client shall provide the following items upon request of Bowman in a
timely manner and at no expense to Bowman:
• Access assistance
• Construction Drawings in AutoCAD (if available)
• Survey Control from Others (if available)
OTHER TERMS
This proposal is based on the scope of services indicated herein and the information available at the time of the proposal
preparation. If any additional services are required due to unforeseen circumstances and/or conditions, client or regulatory
requested revisions, additional meetings, regulatory changes, etc, Bowman will notify the client that additional scope of work
and fees are required and will obtain the client’s written approval prior to proceeding with any additional work.
Bowman’s Standard Terms and Conditions and Hourly Rate Schedule are attached hereto and incorporated into this
Proposal by reference.
Please indicate your acceptance of this proposal by executing below and returning a copy to this office. Thank you for the
opportunity to provide service to Atmos Solutions Inc.
Sincerely,
BOWMAN CONSULTING GROUP LTD.
131461 Sunrise Valley Drive, Suite 500
Herndon, VA 20171
Tristan Stewart, LS
Principal - Survey
703-464-1007
tstewart@bowman.com
Atmos Solutions Inc. hereby accepts all terms and conditions of this Proposal (including the Standard Terms and
Conditions) and authorizes Bowman to proceed with the Project, and the undersigned represents that he or she is
authorized by Atmos Solutions Inc. to so execute this Proposal.
Atmos Solutions Inc.
By:
Title:
Date:
BOWMAN CONSULTING GROUP LTD.
SCHEDULE A - FEES FOR REPROGRAPHIC, DELIVERY, TRAVEL AND OTHER SERVICES
January 2025
Reprographic Services
B&W Photo Copies $0.35/sf, or $0.23 for 8-1/2” x11” sheet
Color Photo Copies $0.50/sf, or $0.32 for 8-1/2” x11” sheet
Printing (bond) $0.35/sf, or $2.10 for 24” x 36” sheet
Printing (mylar) $3.00/sf, or $18.00 for 24” x 36” sheet
Binding, mounting, and folding of plan sets, reports, or drawings will be invoiced at our standard hourly rates. Copying of
plans that have been archived in storage is subject to a minimum archive retrieval fee of $50 plus applicable reprographic
fees above.
Delivery Services
In-house delivery services are invoiced at $2.00 per mile (one way) and subject to a minimum $20.00 charge for standard
delivery during normal business hours. Rush services and times outside normal business hours are subject to a minimum
$20.00 surcharge.
Outsourced courier services (i.e., Federal Express, DHL, etc.) are invoiced at cost plus 15%.
Travel
Mileage for employee travel by car to facilitate the Project, including travel to the Project site and for meetings with the
Client, Project team, contractors, or governmental agencies, will be invoiced at the current IRS standard mileage rate.
Airfare and/or lodging to facilitate the project will be coordinated with the Client in advance and will be invoiced at cost plus
15%.
Miscellaneous
Other costs associated with sub-consultants, specialty equipment, laboratory testing, field testing, tolls, parking, or other
miscellaneous items will be invoiced at cost plus 15%.
Initials: Bowman / Client
BOWMAN CONSULTING GROUP LTD.
SCHEDULE B - HOURLY RATE
January 2025
CLASSIFICATION HOURLY RATES
Principal
Department Executive
Branch Manager
Team Leader
Senior Project Manager
Project Manager
Assistant Project Manager
Project Coordinator
Senior Surveyor
Engineer I | II | III
Planner I | II | III
Designer I | II | III
CADD Drafter I | II | III
Landscape Architect I | II | III
Certified Arborist
Senior Environmental Scientist
Environmental Scientist I | II | III
Right of Way Specialist I | II | III
Dry Utility Professional
Survey Technician I | II | III
Project Surveyor
Survey Field Crew – 1 Man
Survey Field Crew – 2 Man
Survey Field Crew – 3 Man
3D Scanning Crew
Survey Field Technician
3D/UAV Modeling Technician
UAV Operation
SUE Field Crew - 1 Man
SUE Field Crew - 2 Man
SUE Field Crew - 3 Man
SUE Field Crew - 4 Man
SUE Utility Coordinator
SUE Technician I | II | III
Machine Control Technician
Administrative Professional
Remote Sensing Technician I | II | III
$394.00/HR
$340.00/HR
$340.00/HR
$310.00/HR
$280.00/HR
$238.00/HR
$225.00/HR
$187.00/HR
$245.00/HR
$154.00/HR | $174.00/HR | $199.00/HR
$157.00/HR | $183.00/HR | $197.00/HR
$131.00/HR | $151.00/HR | $175.00/HR
$125.00/HR | $144.00/HR | $168.00/HR
$137.00/HR | $151.00/HR | $171.00/HR
$217.00/HR
$209.00/HR
$157.00/HR | $183.00/HR | $197.00/HR
$100.00/HR | $120.00/HR | $145.00/HR
$240.00/HR
$135.00/HR | $160.00/HR | $185.00/HR
$200.00/HR
$165.00/HR
$225.00/HR
$280.00/HR
$275.00/HR
$130.00/HR
$170.00/HR
$275.00/HR
$145.00/HR
$205.00/HR
$250.00/HR
$290.00/HR
$200.00/HR
$120.00/HR | $135.00/HR | $160.00/HR
$270.00/HR
$ 97.00/HR
$110.00/HR | $130.00/HR | $150.00/HR
Initials: Bowman / Client
Table 5 - DEFAULT 2025 DC Metro
BOWMAN CONSULTING GROUP LTD.
SCHEDULE C - REQUEST FOR INFORMATION
Accounts Payable Contact:
Point of Contact:
Phone:
Fax:
E-Mail:
Billing Information:
Billing Entity:
Billing Address: Same as Proposal
If Different, Please Provide:
Billing Requirements:
Invoice Due Date:
Requirements/Attachments:
Invoices Transmitted Via Electronic Mail to:
Offer ACH Direct Deposit: Yes, Contact:
Not Sure, Contact Our Office
Not At This Time
Initials: Bowman / Client
Attachment B8
Brick Abatement at Incinerator
Potential Change Order
Project Name: DPW - Benning Road Transfer Station - Abatement and Demolition
AST #: DPW-012490-MISC
Project Address: 3200 BENNING ROAD NE WASHINGTON DC
PCO # 10019
Title 10019 - Brick Inside Incinerators Abatement
PCO Date 12/1/2025
Description of PCO 10019 - Brick Inside Incinerators Abatement
Potential Change Reason Unforeseen Conditions
Proposed Cost $1,785,339.00
Acknowledged Cost $0.00
Proposed Schedule
Impact (Days)
Acknowledged Schedule
Impact (Days)
Requested Revised
Substantial Completion
Date
Requested Revised Final
Completion Date
Justification Unforeseen Condition - ACM Layers found at 4ft Intervals within
Incinerators
Location
Drawing Reference
Dwg No. Title Rev. No. Rev. Date
Specification Reference
Spec. No. Title Rev. No. Rev. Date
DGS Determination There is merit to this scope of work as an unforeseen condition.
IGE Cost $2,161,060.00
Funding Source Additional Funds Required
Funding Notes
Unforeseen Condition - ACM Layers found at 4ft Intervals within Incinerators
159,121.16$
35,006.24$
Overhead & Profit (10%)
Bond (2%)
Subtotal -Proposed Bids 1,591,211.60$
REQUEST / CLARIFICATION / JUSTIFICATION
1,785,339.00$ Change Order Total
Industrial Hygiene Monitoring 65,499.84$
Abatement & Disposal (Brick Disposal by Others) 1,525,711.76$
(202) 891-6959
DRAWING ID
Benning Road Transfer Station 10019 12/1/2025
Potential Change Order
PROJECT NAME Change Order # DATE OF REQUEST
25-003CT
Atmos Prject Number
Atmos Solutions Inc
6856 Eastern Avenue NW - Suite #205
Washington DC 20012
Point of Contact : Saad Moussamim
smoussamim@atmossolutionsinc.com
Change Order Overview SECTION(S) REFERENCED
Brick Inside Incinerators
Total
Cost Breakdown
Change Order Description
INCLUDED IN BASE BID TOTAL PRICE INCLUDED IN BASE BID TOTAL PRICE INCLUDED IN BASE BID TOTAL PRICE INCLUDED IN BASE BID TOTAL PRICE
Industrial Hygiene Monitoring Y 65,499.84$ N -$ N -$ N -$
Brick Removal N -$ Y 1,525,711.76$ Y 1,700,188.00$ N -$
Brick Fine Cleaning & Final Cleaning N -$ Y Incl. Y Incl. N -$
Abatement of ACM Layer @ 4 ft Intervals & Disposal N -$ Y Incl. Y Incl. Y 70,000.00$
Transportation & Disposal of Bricks (Included in DSI Scope) N -$ N Excluded N Excluded Y Incl.
TOTAL 65,499.84$ 1,525,711.76$ 1,700,188.00$ 70,000.00$
TOTAL Proposed Bids
PCO#10019 - Brick Inside Incinerators
PROGRESS ENVIRONMENTAL SaLUT, Inc. EEC Environmental DESCRIPTION OF WORK GLOBAL, INC.
1818 New York Avenue NE, Suite 217 (443) 691-0455
Washington, DC 20002 www.globalincusa.net
Environmental Engineering • Industrial Hygiene • Safety
November 24, 2025
Mr. Anthony Fernando
President
Atmos Solutions, Inc.
1664 Columbia Rd NW, Suite 22
Washington, DC 20009
Re: Industrial Hygiene Monitoring Services – Asbestos Abatement Monitoring at BRTS
Incinerators
Dear Mr. Fernando,
Global, Inc., an MDOT certified MBE/DBE and SBA 8(a) and DC CBE/SBE/LBE firm, is
pleased to submit our pricing for asbestos abatement monitoring services for the Benning
Road Transfer Station Incinerators.
The hazmat abatement monitoring will be performed under the supervision of a Certified
Industrial Hygienist, by EPA -certified asbestos inspectors. All our inspectors have
completed the 30-hr OSHA Safety Training and relevant EPA Asbestos Training. During
the hazmat abatement work , our industrial hygienists will monitor the work practices,
integrity of containments, perform air monitoring and final clearance air sampling, and
compile daily industrial hygiene reports and air monitoring data sheets. Our scope of
work is summarized below:
Hazmat Abatement Monitoring
1. Perform visual inspection of abatement containment for integrity
2. Verify the training records, licenses and medical records of abatement workers
3. Perform Work Area, Environmental, and Final Clearance Air Sampling for
asbestos via PCM
4. Perform environmental and work area sampling for lead, cadmium and chromium
5. Compile daily industrial hygiene monitoring reports and data sheets
Our price proposal for hazmat abatement monitoring is provided in Attachment I.
We appreciate the opportunity to submit this proposal, and look forward to provide
hazmat abatement monitoring services to Atmos . Please contact me on my mobile
(443.691.0455) if you have any questions.
page 2 of 3
Environmental Engineering • Industrial Hygiene • Safety
Sincerely,
Channa Bambaradeniya, PhD.
(CIH, CSP, CHMM, PMP)
page 3 of 3
Environmental Engineering • Industrial Hygiene • Safety
Attachment I: Cost Estimate for Hazmat Abatement Monitoring
Description Rate Unit Qty Total
Labor
Industrial Hygienist1 $75.00 Hour 480 $ 36,000.00
Project Manager $100.00 Hour 48 $ 4,800.00
Certified Industrial Hygienist $150.00 Hour 40 $ 6,000.00
Laboratory Analytical Costs
PCM Air Sample Analysis (on-site)2 $6.00 Each 600 $ 3,600.00
Multi-Metals Analysis (Pb, Cd, Cr) Air (2-day
TAT)3 $125.00 Each 30 $ 3,750.00
Total $ 54,150.00
Admin Overhead (12%) $ 6,498.00
Profit (8%) $ 4,851.84
Total Estimated Cost3 $ 65,499.84
Assumptions:
1One Industrial Hygienist per day, at 8 hours per day, for 60 days;
2Final clearance for asbestos fibers in air would be via PCM sampling and analysis on-site;
3 One day per week for 10 weeks (3 air samples per day)
4Billing for hazmat abatement monitoring services would be on a time and material basis.
8472 Walker Mill Road
Capitol Heights, Maryland 20743
Phone 301.333.2008 Fax 301.333.2208
November 4, 2025
Saad Moussamim
Atmos Solutions, Inc.
6856 Eastern Avenue NW, Suite 205
Washington, DC 20012
RE: Benning Road Transfer Station – Change Order Request –
Asbestos Expansion Refractory Board
Scope:
Progress will provide licensed supervision and labor, accompanied by materials and disposal
services, to remove the asbestos as listed below. This work will be conducted following all
applicable District of Columbia regulations as well as those set by the Environmental Protection
Agency and the Occupational Safety & Health Administration.
• Price based on performing the work in the existing containment
• Approximately every 4 feet, a horizontal expansion board is between the brick
layers. Each loop is 170 linear feet; there are 18 loops per furnace for a total of
18,360 LF (18 x 170 x 6 furnaces)
• Remove bricks in a safe and systematic way until we reach the expansion board
• The bricks would be cleaned and removed from the containment for disposal by others
• See Asbestos Plan of Action for more details
Price & Duration:
Progress can perform the abatement as referenced for the sum of $1,525,000.00
Approximately two months to complete the abatement (working both sides at the same time)
Price Breakdown:
No. Unit Rate Total
Supervisor 320 Hours $ 73.92 $ 23,654.40
Foremen 1280 Hours $ 66.98 $ 85,734.40
Worker 15360 Hours $ 56.77 $ 871,987.20
Worker 0 OT Hours $ 79.48 $ -
Driver 40 hours $ 56.77 $ 2,270.80
Program Manager 40 Hours $ 160.00 $ 6,400.00
Administrative 40 Hours $ 120.00 $ 4,800.00
Cost $ 994,846.80
Materials/Equipment/Sampling
No. Unit Rate Total
Disposable Coveralls 5280 Per Suit $ 7.45 $ 39,336.00
Rubber Gloves 1400 Pair $ 1.55 $ 2,170.00
8472 Walker Mill Road
Capitol Heights, Maryland 20743
Phone 301.333.2008 Fax 301.333.2208
Disposable Cloth (Rags) 125 Case $ 34.20 $ 4,275.00
Towels 125 Case $ 83.94 $ 10,492.50
Respirators 30 Each $ 11.82 $ 354.60
Respirator Filters (P100) 1320 Each $ 10.12 $ 13,358.40
Pre-filters (AFD) 4500 Each $ 5.23 $ 23,535.00
Flexible Exhaust Duct - Vinyl 0 Each $ 50.85 $ -
Sockwave 0 5 Gal $ 92.89 $ -
Paint Brushes 0 Each $ 4.50 $ -
Leather Gloves 1200 Each $ 4.78 $ 5,736.00
Shower Filters 140 Each $ 4.76 $ 666.40
Vacuum Bags 250 Each $ 3.22 $ 805.00
Poly Sheeting 25 Rolls $ 187.00 $ 4,675.00
Encapsulation 50 5 Gal $ 75.00 $ 3,750.00
Adhesive Tape 50 Case $ 227.90 $ 11,395.00
Spray Adhesive 50 Case $ 97.23 $ 4,861.50
Disposal Bags 250 Roll $ 143.44 $ 35,860.00
Airless Sprayer 400 Each/Days $ 24.00 $ 9,600.00
Air Filtration Device 1600 Each/Days $ 15.00 $ 24,000.00
Vacuum Cleaner 400 Each/Days $ 10.00 $ 4,000.00
Cubic Yard Boxes 54 Each $ 125.00 $ 6,750.00
Subtotal $ 205,620.40
Rentals & Subcontractors No. Unit Rate Total
Lifts 12 each $ 5,490.00 $ 65,880.00
Scaffolding (Rent Only) 3 Month $ 5,000.00 $ 15,000.00
Subtotal $ 80,880.00
Disposal No. Unit Rate Total
Asbestos Trailer 2 each $ 6,500.00 $ 13,000.00
Subtotal $ 13,000.00
Total Before Profit $ 1,294,347.20
Overhead/Profitt 15% $ 194,152.08
Bond 2.5% $ 37,212.48
Total $ 1,525,711.76
As always, should you have any questions or concerns, please contact me via my cell phone,
(202) 355-3382, or email, tshears@progress-environmental.com
Sincerely,
November 24th, 2025
Saad Moussamim
Atmos Solu�ons, Inc.
6856 Eastern Avenue NW, Suite 205
Washington, DC 20012
RE: Benning Road Transfer Station - Asbestos Expansion Refractory Board Removal
Soil and Land Use Technology, Inc. (SaLUT) is pleased to present the following asbestos abatement
proposal to Atmos Solutions (Client). SaLUT brings more than 49 years of specialized experience in
Industrial Hygiene, Environmental Engineering, Environmental Compliance, and Hazardous Materials
Assessment, supporting complex investigations across the Metropolitan Washington region. As an CBE,
MBE, SBE, and DBE certified firm, our team routinely manages regulated material assessments, asbestos
abatement and oversight, contaminated building material evaluations, and large-scale industrial facility
work. The scope was develop in correspondence with the client.
The work required under this proposal involves the controlled removal of asbestos- and hazardous-
material - containing expansion refractory board integrated within the furnace wall assemblies. SaLUT’s
abatement team will perform the following activities:
• Access and extract an estimated 18,400 linear feet of asbestos-containing expansion board
embedded between successive brick courses across all furnace units.
• Carefully disassemble brick sections in a sequenced manner to expose the expansion board
while preserving the stability of adjacent structural elements.
• Clean, handle, and organize removed brick materials within the regulated work area for
collection and off-site disposal by others.
• Conduct all abatement within the existing regulated containment, following the established site-
specific Asbestos Plan of Action and minimizing disturbance to surrounding equipment and
operations.
• Perform all work in strict accordance with District of Columbia asbestos requirements, EPA
NESHAP standards, and OSHA 29 CFR 1926.1101, ensuring proper fiber control, worker safety,
and compliant waste handling procedures.
These activities are necessary to fully access, remove, and dispose of the asbestos-containing refractory
board in a manner consistent with regulatory requirements and project sequencing needs.
Pa ge 2 of 3
C
ost Summary Breakdown
Th
e cost of the work outlined above is tabulated below:
Lab
or
Labor Category Quantity Unit
Supervisor 390 Hours
Foremen 1,680 Hours
Abatement Workers 16.201 Hours
Driver 31 Hours
Program Manager 28 Hours
Administrative Support 25 Hours
M
aterials, Equipment & Consumables
Item Quantity Unit
Disposable Coveralls 5700 Suit
Rubber Gloves 1500 Pair
Disposable Cloth (Rags) 115 Case
Towels 115 Case
Encapsulation 62 5-Gallon
Respirators 39 Each
P100 Filters 1,450 Each
AFD Pre-Filters 4650 Each
Adhesive Tape 62 Case
Spray Adhesive 68 Case
Leather Gloves 1,250 Each
Shower Filters 160 Each
Vacuum Bags 300 Each
Poly Sheeting 38 Rolls
Disposal Bags 280 Roll
Air Filtration Devices 1,705 Days
HEPA Vacuum 480 Days
The Not-to-Exceed amount is One Million Seven Hundred Thousand One Hundred and Eighty-Eight
Dollars ($1,700,188.00).
The estimate encompasses the full range of labor, materials, equipment, and containment measures
required to safely and efficiently execute the work described in this proposal. Scaffolding is
considered the responsibility of the Client.
Page 3 of 3
If you have any questions regarding this proposal, please contact Andy McAllister at 585-356-8089 or
amcallister@salutinc.com,
Sincerely,
Andy McAllister
Vice President
Attachments:
Attachment A: Terms and Conditions
1
Terms and Conditions
All engineering and consulting services furnished by Soil and Land Use Technology, Inc. (SaLUT) shall be in an advisory
capacity in accordance with the following terms and conditions.
1. Payment Terms:
Our standard payment terms are net 30 days on invoice presen tation. A service charge of 1.5% per month will be accrued
to all unpaid invoices after 30 days. Extended contracts may be partially invoiced at our discretion.
2. Travel Rates:
For time and materials, per diem contracts and extras to fixed price contracts, straight time rates shall be charged for all
mutually agreed upon travel even on Saturdays, Sundays a nd the seven major Holidays. For lump sum or fixed price
contracts, payment shall be per the proposal.
3. Rate Adjustments:
Rates will be adjusted to those in effect at the time the service is performed unl ess otherwise specified in the proposal. In
the event that work is contracted and th en subsequently delayed, the Client will be notified of any a pplicable change in
rate structure prior to execution of the work.
4. Compensation:
A workday is defined as any day, Monday through Friday, whether act ual work is performed or not. The workday is to be
eight (8) hours per day and the work week is to be forty (40) hours, Monday through Friday. Straight time pay is defined
as the first eight hours worked daily Monday through Friday. The overtime rate of 1.35 times the straight time rate shall
be paid for all hours in excess of eight (8) hours worked da ily Monday through Friday, and all hours worked Saturday or
Sunday. Double time (2 X regular rate) shall be paid for work on ma jor Holidays only. For lump sum or fixed price
contracts, payment shall be per the proposal. Should an overtime rate or holiday rate be provided in a line item estimate or
schedule of fees, that rate will be the prevailing rate for the project.
The Client will be responsible for any delays resulting from events that are beyond the control of SaLUT and will be
charged at the rates indicated in the propo sal, or on an hourly rate basis if not defined in the proposal. Examples of events
that will trigger delay charges include delays associated with : inclement weather; receipt of equipment shipped by the
Client; incomplete site preparation, etc. Delays caused directly by SaLUT will not be charged to the Client. Delays caused
by the Client, notwithstanding delays caused by SaLUT, will be charged to the Client.
Delay costs include all labor charges (including, but not limited to, on-site time, stand-by time, travel time and prep time),
living costs and all other direct expenses incurred by SaLUT on behalf of the Client.
On-site time refers to actual time spent on a job location. Stand-by time is inactive time spent "waiting" during a delay.
Travel time begins at the time of departure and c oncludes upon arrival to and from the site. Prep time refers to time spent
packing and planning a job. Direct expenses, such as costs associated with re booked airline tickets, shipping expenses,
etc., will be charged at cost plus twenty (20) percent, ex cept for FedEx which will be billed at the published rates. All
such charges accrue from the time of departure from the basing point to the time of return to the basing point.
5. Inclement Weather Delays:
Inclement weather is defined as lightning, thunderstorms, st rong winds, icing, extreme temperatures, or any other severe
atmospheric conditions which may endanger or cause damage to SaLUT personnel and/ or equipment, or have detrimental
effects on the project outcomes. The decision whether work will be conducted or conti nued, based upon conditions and
hours worked, will be made by the SaLUT team leader. All such delays are for Client's account.
6. Postponement, Cancellation and Rush Fees:
Client will be billed for expenses incurred plus ten percent for assignments, delayed or cancelled.
7. Independent Contractor:
SaLUT shall be considered an independen t contractor with respect to all work herein provided, and the representative(s)
furnished by SaLUT under this agreement will not in any sense be considered an employee of the Client.
2
8. Indemnity:
SaLUT agrees to indemnify its Client (and its officers, directors, employees and agents) from and against SaLUT's
comparative proportionate share of any liabilities asserted agai nst Client by any third party resulting from the work
performed by SaLUT and its subcontractors, in conjunction w ith the project for which it has been engaged by Client.
SaLUT's claim indemnity obligation will be satisfied at the conclusion of any litigation wherein its comparative portion of
the total liabilities is established. SaLUT disclaims any oblig ation to provide customer with a defense indemnity. The
responsibility to defend any claim shall fall upon the party against whom the claim is asserted.
9. Limitations of Liability:
SaLUT shall only be liable for damages or injury to property or persons to the ex tent caused by the negligence of SaLUT.
In no event shall SaLUT be liable for consequential damages. SaLUT's aggregate liability for any project will be limited
to the value of the current contract between SaLUT and the Client. SaLUT shall not direct nor be responsible for oversight
of other contractors unless so stated in the scope of work.
10. Liability Insurance:
During the performance of this work, SaLUT shall be insu red by a $2,000,000 combined aggregate bodily injury and
property damage insurance policy. If additional coverage is required, the additional costs will be charged at cost plus fifty
(50) percent. A certificate of insurance will be provided upon request.
11. No Other Agreements:
All negotiations, proposals and agreements prior to the date of this agreement ar e merged herein and superseded hereby,
there being no agreements, warranties, or understandings ot her than those written or specified herein, unless otherwise
provided. No changes, modifications or amendments to this agreement shall be valid unless agreed to by the parties in
writing.
12. Commercial Arbitration:
Any disputes between Client and SaLUT, directly or indirectly, regarding the field engineering and consulting services
agreement, its interpretation, the servi ces performed by SaLUT, and/or the statem ents rendered to C lient by SaLUT shall
be submitted to binding arbitration in accordance with the rules, pr actices, and procedures of the American Arbitration
Association. Any arbitration proceeding shall take place in Wa shington, DC. The prevailing party at arbitration shall be
entitled to recover as a part of the arbitrator's award all its arbitration expenses, including, but not limited to, attorney's
fees, expert fees, travel costs, court reporter fees, and the like.
13. Partnering:
Partnering is a concept that shall be utilized throughout the re lationship of Client and SaLUT. It is a concept of working
together to benefit both Client and SaLUT. Both parties recognize that working together will result in making better
decisions than working independently. Both Client and Sa LUT possess complementary skills and information and have a
common purpose or business goal. For the purpose of the contract and the relationship of the parties the term "partnering"
is defined as an inter-company relationshi p that instills a cooperative team a ttitude and reinforces traditional business
values. There will be no co-mingling of funds, nor any joint ownerships or co-ownerships throughout this contract unless
specifically defined in the terms of the contract. "Partnering" as used herein is not, nor does it create, a partnership as a
legal entity.
14. Severability:
If any part of this [agreement /plan] is declared unenforceab le or invalid, the remainder w ill continue to be valid and
enforceable.
15. Applicable Law
This Consulting Agreement and the interp retation of its terms shall be governed by and construed in accordance with the
laws of the State of Maryland and subject to the exclusive juri sdiction of the federal and stat e courts located in county of
Montgomery, Maryland
November 3, 2025
Saad Moussamim, AIA, NCARB, CCM
VP Design & Construction
Atmos Solutions, Inc.
6856 Eastern Avenue NW, Suite 205
Washington DC, 20012
Subject: Proposal for Removal and Disposal of Asbestos Containing Materials
Benning Road Transfer Station (BRTS) Abatement and Demolition Project
Mr. Moussamim,
EEC Environmental (EEC) is provid ing Atmos Solutions, Inc. (Atmos) with a proposal to transport and
disposal of asbestos-containing-materials (ACMs) in the form of bricks and other materials from the
incinerator at the Benning Road Transfer Station (BRTS) located at 3200 Benning R oad Northeast ,
Washington, District of Columbia. This scope of work (SOW) assumes the ACM will be double bagged,
wetted, and placed in fiber drums prior to EEC’s arrival for pick up. EEC’s proposed SOW is detailed below
and is based on the information provided to EEC via communications with VP Design and Construction
and various site visits.
SCOPE OF WORK
Based on communications and Atmos and site visits, it’s anticipated that a total of 100 cubic yards of ACM
impacted material (five 20 cubic yards/loads, containerized within eighty eight (88) to ninety two (92) 55-
gallon capacity drums) will be removed from the Site. It is assume that the ACM is brick and other material
sourced from the former onsite incinerator. Based on this assumption, EEC will transport and dispose of
this material offsite per local and federal standards. An estimated total of five ( 5) loads of ACM material
(20 yards/load) will be transported to an approved state and federal landfill.
COSTS/SCHEDULE
Based on communications and observations, the total cost is estimated at $ 70,000. EEC will provide the
scope of work on a time and materials basis consistent with the above listed unit transportation and
disposal rate and EEC 20 25 standard fee schedule to be billed in one invoice. Invoices will be submitted
for payment which will be due and payable in net 30 days. This work will be conducted pursuant to EEC’s
Standard Terms & Conditions (attached). This proposed cost is valid for thirty (30) days after the proposal
date. If additional work is requested or required due to extenuating circumstance outside of the scope of
work, EEC will notify Atmos for approval prior to proceeding. The additional work will be billed on a time-
and-materials basis according to EEC’s most recent Fee Schedule with net 30 days payment terms, or on
a negotiated fixed-fee basis.
Mr. Saad Moussamim, AIA, NCARB, CCM
Atmos Solutions, Inc. 2 November 3, 2025
BRTS Environmental Services
ASSUMPTIONS/EXCLUSIONS
For the purposes of this proposal, EEC provides the following project assumptions/exclusions as a basis
for the proposed scope of work and fee. If any of these assumptio ns change, the budget will require
alteration.
• EEC estimates a total of 100 cubic yards of material . A total of 5 loads (20 cubic yards/load ,
containerized within eighty eight (88) to ninety two (92) 55-gallon capacity drums) is estimated.
If additional material is encountered, additional costs will be accrued.
• Assumes the ACM will be double bagged, wetted, and placed in fiber drums prior to EE C’s arrival
for pick up.
• Atmos retains all liability associated with the SOW, including, but not limited to, all federal, state,
and local regulations, as well as all site and facility specific requirements.
• Atmos retains responsibility for proper set-up and operations, as well as ensuring compliance with
all safety protocols.
• Due to a multitude of economic factors, materials, labor, hauling, and freight are currently in a
period of above average volatility. If, during the performance of work, the price of materials,
labor, hauling or freight increases by 5% or greater through n o fault of EEC, the contract shall be
equitably adjusted by an amount reasonably necessary to cover any such price increases.
• Equipment and transportation fees are subject to availability at time of project.
• Atmos is responsible for informing EEC of any jobsite or general requirements to perform work
on location.
• Atmos is responsible for securing permits, fees, bonding, right of ways, vehicular/pedestrian
traffic control, and security.
• Atmos is responsible for providing safe, secure access and egress to an adequate staging area
throughout the job which could include brush clearing, grading, and removal or replacement of
any landscape or hardscape in the temporary right of way for the equipment.
• Atmos is responsible for any damage to the environment including trees, vegetation, stream
banks, or any other part of the site caused by the installation, removal, construction, pulling or
dragging of equipment, or operation of the equipment that would require site restoration or
environmental countermeasures.
• Upon delivery, Atmos will provide suitable, safe access and laydown location for the equipment
being delivered.
• This quote is valid for 30 days.
• For the quoted items, EEC requires a signed proposal not less than five (5) days prior to delivery.
• A minimum 2 hour charge will be assessed in the event the crew is at site and weather forces
cancellation of work for remainder of day.
• EEC’s standard hours of operation are 7:30am – 4:00pm Monday – Friday. Time outside normal
business hours will be billed at 1.5x the base rate for transportation and services.
• EEC asks for Atmos’ full cooperation with required and site-specific Environmental, Health, and
Safety programs.
EEC looks forward to this opportunity and will be available to start immediately upon receiving a purchase
order. If you have any questions regarding this proposal or cost estimate, please contact me via phone at
(714) 814-5655 or by email at dbernier@eecenvironmental.com.
Mr. Saad Moussamim, AIA, NCARB, CCM
Atmos Solutions, Inc. 3 November 3, 2025
BRTS Environmental Services
Sincerely,
EEC Environmental
David Bernier, PG
Principal Geologist
ACCEPTANCE
If the proposed scope of work, fee estimate, and payment terms meet with your approval, please
acknowledge acceptance of same and initiate authorization by signing and e-mailing a purchase order in
the agreed upon amount to dbernier@eecenvironmental.com.
Print Name ________________________ Print Title ___________________________
Signature __________________________ Date _______________________________
PERSONNEL CHARGES Travel
Labor Classification Hourly Rate
Jr. Staff Engineer/Geologist/Scientist $150
Staff Engineer/Geologist/Scientist $180 Field Equipment
Sr Staff Engineer/Geologist/Scientist $195
Project Engineer/Geologist/Scientist - I $230
Project Engineer/Geologist/Scientist - II $240
Sr Project Engineer/Geologist/Scientist - I $260 Subcontractors and Reimbursables
Sr Project Engineer/Geologist/Scientist - II $280
Principal Engineer/Geologist $310
Principal $310
Project Assistant $140
Technician $145 Other Project Charges
Drafter $155
Sr Technician $160
Compliance Inspector $160
Technician GIS/Technology $140
Analyst GIS/Technology $155
Sr Analyst GIS/Technology $170
Specialist GIS/Technology $180 Shipping and Postage
Sr Specialist GIS/Technology $195
Supervisor GIS/Technology $210
Director/GIS Technology $225
Construction Technician $125 Interest Charges
Construction Field Supervisor $145
Construction Manager $155
Sr Construction Manager $195
Technical Editor $140 Payment Terms
Emergency Response:
Expert Witness:
Communication/Administration Fee:
The charge for all time required for the performance of
the Scope of Work, including office, field and travel time,
will be billed at the hourly rate according to the labor
classifications set forth below:
Field Equipment is billed at standard unit costs.
Rate schedules are available upon request.
When EEC Staff appear as expert witnesses at
court trials, mediation, arbitration hearings and
depositions, their time will be charged at 2.0
times the standard rate. All time spent
preparing for such trials, hearings, and
depositions, will be charged at the standard
hourly rate.
The cost of additional (out of scope) report
reproduction and special project accounting will be
billed as appropriate.
This Fee Schedule is adjusted each subsequent year to reflect the economic changes for the new year. The new schedule will apply to existing
and new assignments.
2025 Fee Schedule
Vehicles used on project assignments will be
charged at $150 per day. Mileage is billed at the
current rate established by the Internal Revenue
Service plus mark up. Per Diem is billed at a cost of
$95 per day (except in high cost markets, which will
adhere to GSA rates). Airfare, lodging, rental cars
and associated expenses are billed at cost plus
15%.
The costs of subcontractors, materials, equipment
rental and costs incurred will be charged at cost
plus 15%.
Shipping charges include couriers and the postage
necessary will be charged at cost plus 15%.
Interest on late payments will be charged at the rate
of 1.5% per month.
Net 30 days applies to all work performed and
invoiced unless superseded by a specific executed
contract. An administration fee of 3.5% will be
added to any invoice wherepayment is made by
credit card.
Emergency response will be charged at a rate
of 1.5 times the standard hourly rate.
General project-related expenses such as in-house
reproduction; printing costs for in-scope reports,
drawings, and other project records; and long -term
electronic and paper document storage; mobile
phone expenses, will be billed as a general
communication/administration fee at a rate of 4% of
the labor charges.
i
EEC ENVIRONMENTAL
Standard Terms and Conditions
1. TERM OF AGREEMENT: The term of this Agreement shall commence on the above date and
shall continue in effect until the project is completed or terminated by either party having given
seven (7) days written notice to the other party.
2. SERVICES TO CLIENT: EEC shall render consulting or construction services, as agreed. If, in the
course of the project, work beyond the scope of the proposal is requested, or if unforeseen
conditions arise, EEC will notify CLIENT of the change in scope of the project and, if CLIENT
agrees to such changes in writing, EEC shall undertake the additional work. Unless otherwise
negotiated, additional work shall be billed according to EEC’s Current Fee Schedule.
3. PAYMENT: EEC shall submit monthly progress invoices to CLIENT. CLIENT agrees to pay EEC
within thirty (30) days of the date of the invoice. Overdue payments will be charged interest at
the rate of 1.5% monthly (18% annually) until payment and interest is paid in full.
4. SUSPENSION OF WORK: In the event all or any portion of the work prepared or partially
prepared by EEC be suspended, abandoned, or terminated, CLIENT shall pay EEC only for the
work performed.
5. EEC'S RESPONSIBILITIES: EEC shall be solely responsible for: a) completion of the project in
accordance with the proposal; b) direct supervision of EEC's employees and subcontractor's on
project site; c) prompt notification to CLIENT of any dangerous, adverse, or unusual conditions
encountered at the site; d) obtaining and maintaining proper licenses for EEC's work; e) damage
to the property due to EEC's or its subcontractor’s negligence; f) compliance with laws and
regulations pertaining to EEC's employees' wages, hours, fair employment practices, worker's
compensation insurance, and similar employer responsibilities. EEC understands that access to
the site shall only be during normal working hours.
6. CLIENT’S RESPONSIBILITIES: CLIENT shall be solely responsible for: a) maintaining overall
supervision of the project beyond the immediate scope of EEC's work; b) all applicable permits
beyond the scope of EEC’s work; c) making available to EEC all of CLIENT’S information regarding
existing and proposed conditions of the site including, but not be limited to: plot plans and as-
built drawings. CLIENT will immediately transmit to EEC any new information which becomes
available or any change in plans; d) providing reasonable access to the site for all necessary
equipment and personnel during normal working hours;
7. INDEMNIFICATION: CLIENT agrees to indemnify, defend and hold EEC harmless from and against
all claims or actions, based upon or arising out of injuries to persons or property, caused by the
errors, omissions or negligence of CLIENT or its agents, subcontracts or employees in
performance of services hereunder.
EEC agrees to indemnify, defend and hold CLIENT and its members, shareholders, partners,
directors, affiliates, agents, officers, employees, assignees, tenants, transferees and nominees
harmless from and against any and all claims, damages, demands, liens, claims or liens, losses,
actions, or liability of any kind or nature whatsoever, which they may sustain, incur, or be
subjected to, or which may be imposed on them, including, without limit, reasonable attorney’s
fees and litigation costs to the extent arising directly or indirectly, in whole or in part out of, or
EEC Terms and Conditions
ii
in connection with: (a) any acts, errors or omissions or willful misconduct of EEC or its personnel
in performing the services and work hereunder, including, without limit, damage to any
property or injury to or death of any person(s); (b) acts, non-performance or breach by EEC’s
personnel or material duties, obligations or representations under this Agreement; and (c) acts,
non-performance or breach by EEC of material duties, obligations or requirements under the
Access and Indemnity Agreement by and between EEC and CLIENT and incorporated herein by
reference.
8. INDEPENDENT AGENT: Each party shall be an independent agent with respect to all work under
this Agreement, and shall not be deemed to be the servants, employees, or agents of the other.
9. INSURANCE: EEC shall provide insurance at a minimum in accordance with the following for the
duration of the project. EEC shall name CLIENT as additional insured. EEC shall provide CLIENT
with a copy of EEC’s certificate of insurance prior to commencement of the services and work
herein, listing CLIENT as additional insured as follows: (a) worker’s compensation per the
statutory limits; (b) employer’s liability of $1,000,000 per occurrence; (c) commercial liability,
including contractual liability, property damage, bodily injury and death of $5,000,000 per
occurrence, $5,000,000 annual aggregate; (d) automobile liability of $1,000,000 combined single
limit; and (e) professional errors and omissions of $5,000,000 per claim.
10. AMENDMENT: This Agreement may be amended by mutual consent of the parties in writing to
be attached hereto and incorporated herein, executed by EEC and CLIENT’s representative.
11. CONFIDENTIALITY: All CLIENT information will be considered confidential and will only be
released upon written approval from CLIENT.
12. ENTIRE AGREEMENT: This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties relating to the subject matter of this Agreement and is the entire
understanding and agreement related thereto.
13. GOVERNING LAW: The validity of this Agreement and any of its terms or provisions, as well as
the rights and duties of the parties hereunder, shall be governed by the laws of the State of
California.
14. LEGAL CONSTRUCTION: In the event provisions contained in this Agreement shall for any reason
be held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall
not affect any other provision hereof. This Agreement shall be construed as if such invalid or
unenforceable provision had never been contained herein.
15. ATTORNEY FEES: Should it be necessary for either party to initiate legal proceedings to enforce
any term or condition of this Agreement, the prevailing party shall be entitled to all costs and
expenses, including reasonable attorneys’ and consultants’ fees incurred in such proceedings.
For purposes of this Agreement, the term “attorney’s fees” shall include the fees and expenses
of counsel to the parties hereto, which may include printing, photo-stating, duplication and other
expenses, air freight charges and fees billed for law clerks, paralegals and other persons not
admitted to the bar but performing services under the supervision of an attorney.
Potential Change Order
Project Name: DPW - Benning Road Transfer Station - Abatement and Demolition
AST #: DPW-012490-MISC
Project Address: 3200 BENNING ROAD NE WASHINGTON DC
PCO # 10020
Title Phase II - Abatement
PCO Date 12/1/2025
Description of PCO Phase II - Abatement
Potential Change Reason DGS Request
Proposed Cost $3,493,276.00
Acknowledged Cost $0.00
Proposed Schedule
Impact (Days)
90
Acknowledged Schedule
Impact (Days)
Requested Revised
Substantial Completion
Date
11/28/2026
Requested Revised Final
Completion Date
12/28/2026
Justification Based on Hazmat Report Submitted on 10/02/2025
Location
Drawing Reference
Dwg No. Title Rev. No. Rev. Date
Specification Reference
Spec. No. Title Rev. No. Rev. Date
DGS Determination There is merit to this PCO as this was an unforeseen condition.
IGE Cost $3,799,400.00
Funding Source Additional Funds Required
Funding Notes
Attachment B9
Phase II Abatement
Potential Change Order
Project Name: DPW - Benning Road Transfer Station - Abatement and Demolition
AST #: DPW-012490-MISC
Project Address: 3200 BENNING ROAD NE WASHINGTON DC
PCO # 10020
Title Phase II - Abatement
PCO Date 12/1/2025
Description of PCO Phase II - Abatement
Potential Change Reason DGS Request
Proposed Cost $3,493,276.00
Acknowledged Cost $0.00
Proposed Schedule
Impact (Days)
90
Acknowledged Schedule
Impact (Days)
Requested Revised
Substantial Completion
Date
11/28/2026
Requested Revised Final
Completion Date
12/28/2026
Justification Based on Hazmat Report Submitted on 10/02/2025
Location
Drawing Reference
Dwg No. Title Rev. No. Rev. Date
Specification Reference
Spec. No. Title Rev. No. Rev. Date
DGS Determination There is merit to this PCO as this was an unforeseen condition.
IGE Cost $3,799,400.00
Funding Source Additional Funds Required
Funding Notes
Change Order Overview SECTION(S) REFERENCED
Phase II - Abatement
Total
Cost Breakdown
Change Order Description
Atmos Solutions Inc
6856 Eastern Avenue NW - Suite #205
Washington DC 20012
Point of Contact : Saad Moussamim
smoussamim@atmossolutionsinc.com
(202) 891-6959
DRAWING ID
Benning Road Transfer Station 10020 12/1/2025
Potential Change Order
PROJECT NAME Change Order # DATE OF REQUEST
25-003CT
Atmos Prject Number
REQUEST / CLARIFICATION / JUSTIFICATION
192,269.20$
3,493,276.00$ Change Order Total
Atmos General Conditions
Industrial Hygiene Monitoring 155,167.48$
Phase II - Abatement 2,766,000.00$
Based on Hazmat Report Submitted on 10/02/2025.
311,343.67$
68,495.66$
Overhead & Profit (10%)
Bond (2%)
Subtotal -Proposed Bids 3,113,436.68$
.66
INCLUDED IN BASE BID TOTAL PRICE INCLUDED IN BASE BID TOTAL PRICE INCLUDED IN BASE BID TOTAL PRICE INCLUDED IN BASE BID TOTAL PRICE INCLUDED IN BASE BID TOTAL PRICE
General Conditions & Requirements Y 192,269.20$ N -$ N -$ N -$ N -$
Industrial Hygiene Monitoring N -$ Y 155,167.48$ N -$ N -$ N -$
Phase II - Abatement: N -$ N -$ Y 2,766,000.00$ Y 3,100,225.00$ Partial 1,053,578.78$
PCBs - Caulking - Level 1 N - Electrical Room Glass N -$ N -$ Y Incl. Y Incl. N -$
PCBs - Caulking - Exterior Metal Vent N -$ N -$ Y Incl. Y Incl. N -$
PCBs - Sealants - Level 2 Hallway to Tipping Floor N -$ N -$ Y Incl. Y Incl. N -$
PCBs - Sealants - Level 1 Hallway to Stairs N -$ N -$ Y Incl. Y Incl. N -$
PCBs - Sealants - Level 1 Foreman's Office N -$ N -$ Y Incl. Y Incl. N -$
PCBs - Sealants - Basement Machine N -$ N -$ Y Incl. Y Incl. N -$
PCBs - Sealants - Level 1 Metal Duct by Incinerator N -$ N -$ Y Incl. Y Incl. N -$
PCBs - Sealants - Level 2 A/C Duct N -$ N -$ Y Incl. Y Incl. N -$
PCBs - Sealants - Exterior Furnace Brick Wall Joint N -$ N -$ Y Incl. Y Incl. N -$
PCBs - Sealants - Exterior Metal Siding N -$ N -$ Y Incl. Y Incl. N -$
PCBs - Sealants - Exterior Metal Door N - $ N - $ Y Incl. Y Incl. N - $
PCBs - Sealants - Basement Mechanical Room N -$ N -$ Y Incl. Y Incl. N -$
Residual Municipal Wastes - Operating Floor Conveyor Belt N -$ N -$ Y Incl. Y Incl. N -$
Roof Flashing and Siding - Exterior N -$ N -$ Y Incl. Y Incl. N -$
PFAS - Wastewater - Basement North & South Canals N -$ N -$ Y Incl. Y Incl. Y Incl.
PFAS - Wastewater - Clearwells 01 & 02 N -$ N -$ Y Incl. Y Incl. Y Incl.
PFAS - Sludge - Basement North & South Canals N -$ N -$ Y Incl. Y Incl. Y Incl.
PFAS - Sludge - Clearwells 01 & 02 N -$ N -$ Y Incl. Y Incl. Y Incl.
PFAS - Residual - Basement Pit N -$ N -$ Y Incl. Y Incl. N -$
PFAS - Residual - Basement Trench N -$ N -$ Y Incl. Y Incl. N -$
PFAS - Residual - Operating Level Conveyor Belt N -$ N -$ Y Incl. Y Incl. N -$
PFAS - Concrete - Level 4 Labs N -$ N -$ Y Incl. Y Incl. Y Incl.
PAHs - Concrete - Basement Mechanical Room N -$ N -$ Y Incl. Y Incl. Y Incl.
PAHs - Concrete - Basement Storage Room N -$ N -$ Y Incl. Y Incl. Y Incl.
PAHs - Concrete - Operating Floor Mechanical Storage N -$ N -$ Y Incl. Y Incl. Y Incl.
PAHs - Concrete - Operating Floor Mechanical Room N -$ N -$ Y Incl. Y Incl. Y Incl.
PAHs - Concrete - Truck Service Room – Tipping Floor N -$ N -$ Y Incl. Y Incl. Y Incl.
PAHs - Concrete - 4th Floor Lab N -$ N -$ Y Incl. Y Incl. Y Incl.
PAHs - Concrete - Waste Pit N -$ N -$ Y Incl. Y Incl. Y Incl.
PAHs - Concrete - Charge Floor Feeder Area N -$ N -$ Y Incl. Y Incl. Y Incl.
PAHs - Sealants - Exterior Roof Siding N -$ N -$ Y Incl. Y Incl. N -$
PAHs - Sealants - Level 1 Foreman’s Office A/C N -$ N -$ Y Incl. Y Incl. N -$
PAHs - Sealants - Level 2 Bathroom A/C N -$ N -$ Y Incl. Y Incl. N -$
PAHs - Sealants - Level 2 Hallway to Tipping Well N -$ N -$ Y Incl. Y Incl. N -$
PAHs - Sealants - Level 2 A/C Duct N -$ N -$ Y Incl. Y Incl. N -$
PAHs - Combustion Residuals - Charge Floor Incinerator N -$ N -$ Y Incl. Y Incl. N -$
PAHs - Residual Municipal Waste - Basement Pit N -$ N -$ Y Incl. Y Incl. N -$
PAHs - Residual Municipal Waste - Basement Trench N -$ N -$ Y Incl. Y Incl. N -$
PAHs - Residual Municipal Waste - Basement Conveyor Belt N -$ N -$ Y Incl. Y Incl. N -$
PAHs - Residual Municipal Waste - Level 1 Conveyor Belt N -$ N -$ Y Incl. Y Incl. N -$
PAHs - Sludge - Basement North and South Canals N -$ N -$ Y Incl. Y Incl. Y Incl.
PAHs - Sludge - Basement Clear Wells 01 and 02 N -$ N -$ Y Incl. Y Incl. Y Incl.
TPH - Concrete - Basement Mechanical Room N -$ N -$ Y Incl. Y Incl. Y Incl.
TPH - Concrete - Basement Storage Room N -$ N -$ Y Incl. Y Incl. Y Incl.
TPH - Concrete - Truck Service Room N -$ N -$ Y Incl. Y Incl. Y Incl.
TPH - Concrete - Tipping Floor Mechanical Room N -$ N -$ Y Incl. Y Incl. Y Incl.
TPH - Concrete - Charge Area N -$ N -$ Y Incl. Y Incl. Y Incl.
TPH - Concrete - Operating Level Storage Room N -$ N -$ Y Incl. Y Incl. Y Incl.
TPH - Wood flooring - Operating Mechanical Room N -$ N -$ Y Incl. Y Incl. N -$
TPH - Residual Municipal Waste - Basement Refuse Pit N -$ N -$ Y Incl. Y Incl. N -$
TPH - Residual Municipal Waste-Operating level Conveyor Belt N -$ N -$ Y Incl. Y Incl. N -$
TPH - Sludge - Basement North & Sout Canals N -$ N -$ Y Incl. Y Incl. Y Incl.
TPH - Sludge - Clearwells 01 & 02 N -$ N -$ Y Incl. Y Incl. Y Incl.
Metals - Electical Panels - Operating Level N -$ N -$ Y Incl. Y Incl. N -$
Metals - Electical Panels - Basement, Level 4 & Tipping Floor N -$ N -$ Y Incl. Y Incl. N -$
Metals - Level 3 (Charge) Lab Sinks N -$ N -$ Y Incl. Y Incl. N -$
Metals - Wastewater - Basement North & South Canals N -$ N -$ Y Incl. Y Incl. Y Incl.
Metals - Wastewater - Clearwells 01 & 02 N -$ N -$ Y Incl. Y Incl. Y Incl.
Metals - Sludge - Basement North & South Canals N -$ N -$ Y Incl. Y Incl. Y Incl.
PCO#10020 - Phase II Abatement
PROGRESS ENVIRONMENTAL SaLUT, Inc. EEC Environmental DESCRIPTION OF WORK ATMOS SOLUTIONS, INC. GLOBAL, INC.
Metals - Sludge - Clearwells 01 & 02 N -$ N -$ Y Incl. Y Incl. Y Incl.
Dioxins & Furans - Sludge - Basement North & South Canals N -$ N -$ Y Incl. Y Incl. Y Incl.
Dioxins & Furans - Sludge - Clearwells 01 & 02 N -$ N -$ Y Incl. Y Incl. Y Incl.
Dioxins & Furans - Combustion Residuals - Conveyor Belt N -$ N -$ Y Incl. Y Incl. N -$
Unit Costs (Excluded):
Disposal of TSCA Regulated Waste Only N -$ N -$ N -$ N -$ N $525/ton
Transportation for TSCA Regulated Waste (25 – 28 tons/load) N -$ N -$ N -$ N -$ N $4,800/load
Disposal of RCRA/TSCA Regulated Waste (15 tons/load) N -$ N N N N $625/ton
Transp. for RCRA/TSCA Regulated Waste (25 – 28 tons/load) N -$ N -$ N -$ N -$ N $5,600/load
Disposal of RCRA/TSCA Regulated Waste
- High PCB Concentration N - $ N - $ N - $ N - $ N $4,300/ton
Transp. for RCRA/TSCA Regulated Waste (25 – 28 tons/load)
- High PCB Concentration N - $ N - $ N - $ N - $ N $12,600/ton
Energy Surcharge N -$ N -$ N -$ N -$ N 15%
Fuel Surcharge on Transportation (Varies Weekly) N -$ N -$ N -$ N -$ N 33%
TOTAL 192,269.20$ 155,167.48$ 2,766,000.00$ 3,100,225.00$ 1,053,578.78$
TOTAL Proposed Bids 3,113,436.68$
RETURN TO BID SHEET
Description Unit Quantity HR Unit Price Extented Price
Project Executive WK 12 5 130.00 $ 7,800.00$
Project Management WK 12 20 110.00 $ 26,400.00$
Project Superintendent WK 12 40 90.00 $ 43,200.00$
Safety Manager WK 12 40 100.00 $ 48,000.00$
Trash Dumpster EA 6 - 750.00 $ 4,500.00$
Labor - General WK 8 40 55.00 $ 440.00 $
Temporary power WK 12 - 1,500.00 $ 18,000.00 $
Field Office WK 12 - 350.00 $ 4,200.00$
Porta Johns WK 12 - 450.00 $ 5,400.00$
Office Supplies LS 1 - 1,000.00 $ 1,000.00 $
Signage LS 1 - 500.00 $ 500.00 $
Safety materials LS 1 - 3,500.00 $ 3,500.00 $
Overheard+ Profit - Labor (18%) 29,329.20$
192,269.20$
GENERAL CONDITIONS & REQUIREMENTS
Total Amount
Atmos Solutions Inc
6856 Eastern Avenue NW - Suite #205
Washington DC 20012
Point of Contact : Saad Moussamim
smoussamim@atmossolutionsinc.com
(202) 891-6959
1818 New York Avenue, NE, Suite 217, Washington, DC 20002 Telephone: (443) 691-0455
November 25, 2025
Anthony Fernando
President
Atmos Solutions, Inc.
Via email: afernando@atmossolutionsinc.com
RE: Cost proposal for Phase II Hazmat Abatement Monitoring - Benning Rd Transfer Station
Dear Shiyan,
Global, Inc., a DC -CBE/SBE environmental consulting firm, is pleased to submit our cost
proposal for Phase II Hazmat Abatement Monitoring at the Benning Road Transfer Station,
located at 3200 Benning Road NE, Washington DC, 20019. All work on this project will be
performed by trained industrial hygienists, under the guidance of a Certified Industrial
Hygienist. Our scope of work is provided below:
1. Perform visual inspection of abatement areas
2. Perform real-time measurements of respirable particulate matter in air (PM 2.5 &
PM10 size classes)
3. Collect Work area/Environmental air samples for Lead, Cadmium and Chromium
4. Personal and Work area air samples for respirable crystalline silica
5. Collect post-remediation clearance sample from specific media that had
environmental contaminants above regulatory limits
a. Post-cleanup concrete chip samples for PAHs (analyzed via EPA 625/SW846
8270) and TPH -GRO/DRO (analyzed via SW846 8015)
b. Post-cleanup wipe samples from electrical panels for RCRA 8 Metals (analyzed
via SW 846 6010/6020/7470/7471)
c. Post-cleanup water samples from basement canals and clear wells for PFAS -
EPA 1633 (Assumption: water accumulation from groundwater seepage and/or
storm water)
d. TCLP samples of solid waste for RCRA 8 metals
6. Compile daily IH monitoring reports, and reports on post-remediation clearance
samples for specific environmental contaminants
Our total price for completing the above scope of work is $ 106,783.48. Our detailed cost
estimates are provided in Attachment I, and subject to the following assumptions:
1. The total number of days for Phase II hazmat abatement would be 60 days at
8hours/day (as determined by the abatement contractor) for two Industrial hygienists
2. Any additions to the scope of work will be considered as a change order.
1818 New York Avenue, NE, Suite 217, Washington, DC 20002 Telephone: (443) 691-0455
2
See Attachment I for the detailed breakdown of pricing.
We appreciate the opportunity to submit this proposal . Please contact me at 443.691.0455 (cell)
if you have any questions.
Sincerely,
Channa Bambaradeniya, PhD, CIH, CSP, CHMM, PMP
President – Global, Inc.
1818 New York Avenue, NE, Suite 217, Washington, DC 20002 Telephone: (443) 691-0455
3
Attachment I: Cost Estimate for Phase II Hazmat Abatement Monitoring Services
Description Rate Unit Qty Total
Labor
Industrial Hygienist $75.00 Hour 960 $ 72,000.00
Project Manager $100.00 Hour 64 $ 6,400.00
Certified Industrial Hygienist $150.00 Hour 80 $ 12,000.00
Laboratory Analytical Costs
Concrete samples for TPH DRO/GRO $180.00 Each 20 $ 3,600.00
Wipe samples for Total RCRA 8 Metals $160.00 Each 30 $ 4,800.00
Air samples for Pb, Cd, Cr $130.00 Each 80 $ 10,400.00
Concrete samples for PAHs $195.00 Each 20 $ 3,900.00
Water samples for PFAS $785.00 Each 8 $ 6,280.00
TCLP Samples for RCRA 8 metals $330.00 Each 10 $ 3,300.00
Air Samples for Respirable Crystalline Silica $250.00 Each 20 $ 5,000.00
Equipment Rental
Hammer Drill $300.00 Day 2 $ 600.00
Total $ 128,280.00
Administration Overhead (12%) $ 15,393.60
Profit (8%) $ 11,493.88
Total Estimated Cost $ 155,167.48
Note:
• Samples for PAHs, TPH DRO/GRO, Total RCRA 8 metals and PFAS OCs will be analyzed on a
2-week TAT.
• Air samples for multi-metal analysis – once per week for 10 weeks, 3-day TAT
• TCLP Samples for RCRA 8 metals – analyzed on a 5-day TAT
• Air samples for Respirable Crystalline Silica (personal air + area) during concrete
cutting/breaking/drilling work – 2-day TAT
• The above pricing does not include labor for preparation of any plans and/or review of hazmat
abatement plans compiled by remediation contractors
8472 Walker Mill Road
Capitol Heights, Maryland 20743
Phone 301.333.2008 Fax 301.333.2208
November 19, 2025
Saad Moussamim
Atmos Solutions, Inc.
6856 Eastern Avenue NW, Suite 205
Washington, DC 20012
RE: Benning Road Transfer Station – Change Order Request –
Phase I & II Hazardous Material Report
Scope:
Progress will provide licensed supervision and labor, accompanied by materials and disposal
services, to hazardous material remediation, as listed below. This work will be conducted
following all applicable District of Columbia regulations as well as those set by the
Environmental Protection Agency and the Occupational Safety & Health Administration.
• All contaminated concrete surfaces to be scarified.
• Pits - after water pumped out and sludge removed, to be pressure-washed and re-tested
• Contaminated ductwork and conveyor belts to be disposed of as hazardous. The
remaining mechanical systems to be demoed and approximately 50% cleaned for
disposal as construction debris
Location Material Quantity Scope
Basement
Mechanical Room PCB PAH TPH 9600 SF Pressure wash and Scarify
Basement Storage TPH 808 SF Pressure wash and Scarify
Basement Ductwork TPH PCB Metals 14000 SF Demo, Remove, and Disposal
Basement Conveyor TPH PCB Metals 7500 SF Demo, Remove, and Disposal
Basement Mechanical Equipment TPH PCB Metals 30000 SF Pressure Wash
Pump Room TPH PCB Metals 525 SF Pressure wash and Scarify
Water in Pits TPH PCB Metals 470000 Gal Pump Water from Pit
Sludge in Pitts TPH PCB Metals 150 CY Remove and Dispose, Pressure Wash
Operating Level
Conveyor Belt PCB 7600 SF Demo, Remove, and Disposal
Mechanical Room/Storage PAH TPH 200 SF Pressure wash and Scarify
Electrical Panels w Metals Metals 3 EA Demo, Remove, and Disposal
Electrical Room Metals 969 SF Demo, Remove, and Disposal
Foreman's Office PCB 150 SF Demo, Remove, and Disposal
Truck Service PAH TPH 1500 SF Pressure wash and Scarify
Trash PAH Metals PFAS 17 CY Remove & Dispose
8472 Walker Mill Road
Capitol Heights, Maryland 20743
Phone 301.333.2008 Fax 301.333.2208
Charge Level
Feeder/Hopper Area PAH 17100 SF Pressure wash and Scarify
Labs Metals 1000 SF Pressure wash and Scarify
Showers/labs PCB 1750 SF Pressure wash and Scarify
Tipping
Hallway to Tip Floor PCB 350 SF Pressure wash and Scarify
Tipping Floor PAH Metals 19500 SF Pressure wash and Scarify
Hallway to Mechanical
Tipping/Excavators PAH TPH 12750 SF Pressure wash and Scarify
Level 4
Lab PCB PAH 1750 SF Demo, Remove, and Disposal
Bathroom PCB 150 SF Demo, Remove, and Disposal
Electrical Panel Metals 1 EA Demo, Remove, and Disposal
Price:
Progress can perform the remediation as referenced for the sum of $2,766,000.00
Approximately 60 working days to complete the remediation
See attached Excel spreadsheet for cost breakdown.
Clarification:
• Additional testing will need to be performed by Global once the water and sludge
have been removed. This could result in additional abatement of contaminated
concrete
• Excludes disposal of water in pits
• Price based on quantities provided
As always, should you have any questions or concerns, please contact me via my cell phone,
(202) 355-3382, or email, tshears@progress-environmental.com
Sincerely,
November 24th, 2025
Saad Moussamim
Atmos Solu�ons, Inc.
6856 Eastern Avenue NW, Suite 205
Washington, DC 20012
RE: Benning Road Transfer Station - Phase II Hazardous Material Remediation
Soil and Land Use Technology, Inc. (SaLUT) is pleased to present the following asbestos abatement
proposal to Atmos Solutions (Client). SaLUT brings more than 49 years of specialized experience in
Industrial Hygiene, Environmental Engineering, Environmental Compliance, and Hazardous Materials
Management, with a long-standing presence supporting complex environmental projects throughout
the Washington, DC region. As an MBE, SBE, and DBE certified firm SaLUT routinely provides technical
oversight and regulatory-compliant environmental services to federal, state, and local clients. The scope
of work developed was generated in accordance with correspondence with the client.
Our capabilities extend beyond assessment - we regularly support large-scale remediation programs
that require licensed supervision, hazard control planning, regulated waste management, and technical
direction for facilities impacted by polychlorinated biphenyls (PCB), polycyclic aromatic hydrocarbons
(PAH), total petroleum hydrocarbons (TPH), and regulated metals.
This Proposal reflects the expanded remediation support required to address the hazardous material
conditions identified throughout the Benning Road Transfer Station. SaLUT will provide licensed
supervision and environmental oversight to ensure that all pressure-washing, concrete scarification, pit
pumping and sludge removal, hazardous demolition of PCB/TPH-impacted systems, and regulated waste
disposal activities are executed safely and in accordance with all applicable EPA, OSHA, and District of
Columbia requirements.
SaLUT’s role includes monitoring field operations, validating remediation approaches, ensuring proper
waste segregation and handling, and maintaining the documentation necessary for compliant removal
and disposal. Through this oversight, SaLUT ensures that all remediation tasks spanning from impacted
concrete surfaces to contaminated mechanical and ductwork systems are performed effectively, safely,
and in full regulatory compliance.
Page 2 of 3
Hazardous Materials Scope Summary
Pressure Washing and Concrete Scarification of Contaminated Surfaces
Area Contaminants Qty Unit
Basement Level - Mechanical Room PCB, PAH, TPH 9600 SF
Basement Level – Storage Room TPH 808 SF
Basement Level - Mechanical Equipment
Room
TPH, PCB, Metals 30000 SF
Basement Level – Pump Room TPH, PCB, Metals 525
Operating Level - Mechanical
Room/Storage
PAH, TPH 200 SF
Operating Level - Truck Service PAH, TPH 1500 SF
Charge Level- Feeder/Hopper PAH 17100 SF
Charge Level - Labs Metals 1000 SF
Charge Level - Showers/Labs PCB 1750 SF
Tipping Level-
Hallway to Tip Floor
PCB 350 SF
Tipping Level -
Tipping Floor
PAH, Metals 19500 SF
Tipping Level
Hallway to Mechanical area
(Excavators/tipping)
PAH, TPH 12750 SF
Demolition and Disposal of Identified Hazardous Material Components
Area Contaminants Qty Unit
Basement Level - Ductwork TPH, PCB, Metals 14000 SF
Basement Level- Conveyor TPH, PCB, Metals 7500 SF
Operation Level- Conveyor Belt PCB 7600 SF
Operation Level - Electrical Panels Metals 3 EA
Operation Level - Electrical Room Metals 969 SF
Operation Level - Foreman's Office PCB 150 SF
Level 4 - Lab PCB, PAH 1750 SF
Level 4 -Bathroom PCB 150 SF
Level 4 -Electrical Panel Metals 1 EA
Removal and Proper Disposal of Contaminated Materials
Area Contaminants Qty Unit
Trash PAH, Metals, PFAS 17 CY
Contaminated Water Pumping Operations (Does not include disposal of the contaminated water)
Area Contaminants Qty Unit
Basement Level - Water in Pits TPH, PCB, Metals 470000 GAL
als
et
B,
PFAS
s, PFAS
s, PFAS
Metals
als
et
B,
PFAS
Metals
als
et
B,
PFAS
B,
PFAS
Page 3 of 3
Remove, Dispose & Wash Operations
Area Contaminants Qty Unit
Sludge in Pits TPH, PCB, Metals 150 CY
The Not-to-Exceed amount is for the scope outlined above is Three Million One Hundred Thousand Two
Hundred and Twenty-Five Dollars ($3,100,225.00).
If you have any questions regarding this proposal, please contact Andy McAllister at 585-356-8089 or
amcallister@salutinc.com
Sincerely,
Andy McAllister
Vice President
Attachments:
Attachment A: Terms and Conditions
Metals
als
et
B,
PFAS
Metals
als
et
B,
PFAS
1
Terms and Conditions
All engineering and consulting services furnished by Soil and Land Use Technology, Inc. (SaLUT) shall be in an advisory
capacity in accordance with the following terms and conditions.
1. Payment Terms:
Our standard payment terms are net 30 days on invoice presen tation. A service charge of 1.5% per month will be accrued
to all unpaid invoices after 30 days. Extended contracts may be partially invoiced at our discretion.
2. Travel Rates:
For time and materials, per diem contracts and extras to fixed price contracts, straight time rates shall be charged for all
mutually agreed upon travel even on Saturdays, Sundays a nd the seven major Holidays. For lump sum or fixed price
contracts, payment shall be per the proposal.
3. Rate Adjustments:
Rates will be adjusted to those in effect at the time the service is performed unl ess otherwise specified in the proposal. In
the event that work is contracted and th en subsequently delayed, the Client will be notified of any a pplicable change in
rate structure prior to execution of the work.
4. Compensation:
A workday is defined as any day, Monday through Friday, whether act ual work is performed or not. The workday is to be
eight (8) hours per day and the work week is to be forty (40) hours, Monday through Friday. Straight time pay is defined
as the first eight hours worked daily Monday through Friday. The overtime rate of 1.35 times the straight time rate shall
be paid for all hours in excess of eight (8) hours worked da ily Monday through Friday, and all hours worked Saturday or
Sunday. Double time (2 X regular rate) shall be paid for work on ma jor Holidays only. For lump sum or fixed price
contracts, payment shall be per the proposal. Should an overtime rate or holiday rate be provided in a line item estimate or
schedule of fees, that rate will be the prevailing rate for the project.
The Client will be responsible for any delays resulting from events that are beyond the control of SaLUT and will be
charged at the rates indicated in the propo sal, or on an hourly rate basis if not defined in the proposal. Examples of events
that will trigger delay charges include delays associated with : inclement weather; receipt of equipment shipped by the
Client; incomplete site preparation, etc. Delays caused directly by SaLUT will not be charged to the Client. Delays caused
by the Client, notwithstanding delays caused by SaLUT, will be charged to the Client.
Delay costs include all labor charges (including, but not limited to, on-site time, stand-by time, travel time and prep time),
living costs and all other direct expenses incurred by SaLUT on behalf of the Client.
On-site time refers to actual time spent on a job location. Stand-by time is inactive time spent "waiting" during a delay.
Travel time begins at the time of departure and c oncludes upon arrival to and from the site. Prep time refers to time spent
packing and planning a job. Direct expenses, such as costs associated with re booked airline tickets, shipping expenses,
etc., will be charged at cost plus twenty (20) percent, ex cept for FedEx which will be billed at the published rates. All
such charges accrue from the time of departure from the basing point to the time of return to the basing point.
5. Inclement Weather Delays:
Inclement weather is defined as lightning, thunderstorms, st rong winds, icing, extreme temperatures, or any other severe
atmospheric conditions which may endanger or cause damage to SaLUT personnel and/ or equipment, or have detrimental
effects on the project outcomes. The decision whether work will be conducted or conti nued, based upon conditions and
hours worked, will be made by the SaLUT team leader. All such delays are for Client's account.
6. Postponement, Cancellation and Rush Fees:
Client will be billed for expenses incurred plus ten percent for assignments, delayed or cancelled.
7. Independent Contractor:
SaLUT shall be considered an independen t contractor with respect to all work herein provided, and the representative(s)
furnished by SaLUT under this agreement will not in any sense be considered an employee of the Client.
2
8. Indemnity:
SaLUT agrees to indemnify its Client (and its officers, directors, employees and agents) from and against SaLUT's
comparative proportionate share of any liabilities asserted agai nst Client by any third party resulting from the work
performed by SaLUT and its subcontractors, in conjunction w ith the project for which it has been engaged by Client.
SaLUT's claim indemnity obligation will be satisfied at the conclusion of any litigation wherein its comparative portion of
the total liabilities is established. SaLUT disclaims any oblig ation to provide customer with a defense indemnity. The
responsibility to defend any claim shall fall upon the party against whom the claim is asserted.
9. Limitations of Liability:
SaLUT shall only be liable for damages or injury to property or persons to the ex tent caused by the negligence of SaLUT.
In no event shall SaLUT be liable for consequential damages. SaLUT's aggregate liability for any project will be limited
to the value of the current contract between SaLUT and the Client. SaLUT shall not direct nor be responsible for oversight
of other contractors unless so stated in the scope of work.
10. Liability Insurance:
During the performance of this work, SaLUT shall be insu red by a $2,000,000 combined aggregate bodily injury and
property damage insurance policy. If additional coverage is required, the additional costs will be charged at cost plus fifty
(50) percent. A certificate of insurance will be provided upon request.
11. No Other Agreements:
All negotiations, proposals and agreements prior to the date of this agreement ar e merged herein and superseded hereby,
there being no agreements, warranties, or understandings ot her than those written or specified herein, unless otherwise
provided. No changes, modifications or amendments to this agreement shall be valid unless agreed to by the parties in
writing.
12. Commercial Arbitration:
Any disputes between Client and SaLUT, directly or indirectly, regarding the field engineering and consulting services
agreement, its interpretation, the servi ces performed by SaLUT, and/or the statem ents rendered to C lient by SaLUT shall
be submitted to binding arbitration in accordance with the rules, pr actices, and procedures of the American Arbitration
Association. Any arbitration proceeding shall take place in Wa shington, DC. The prevailing party at arbitration shall be
entitled to recover as a part of the arbitrator's award all its arbitration expenses, including, but not limited to, attorney's
fees, expert fees, travel costs, court reporter fees, and the like.
13. Partnering:
Partnering is a concept that shall be utilized throughout the re lationship of Client and SaLUT. It is a concept of working
together to benefit both Client and SaLUT. Both parties recognize that working together will result in making better
decisions than working independently. Both Client and Sa LUT possess complementary skills and information and have a
common purpose or business goal. For the purpose of the contract and the relationship of the parties the term "partnering"
is defined as an inter-company relationshi p that instills a cooperative team a ttitude and reinforces traditional business
values. There will be no co-mingling of funds, nor any joint ownerships or co-ownerships throughout this contract unless
specifically defined in the terms of the contract. "Partnering" as used herein is not, nor does it create, a partnership as a
legal entity.
14. Severability:
If any part of this [agreement /plan] is declared unenforceab le or invalid, the remainder w ill continue to be valid and
enforceable.
15. Applicable Law
This Consulting Agreement and the interp retation of its terms shall be governed by and construed in accordance with the
laws of the State of Maryland and subject to the exclusive juri sdiction of the federal and stat e courts located in county of
Montgomery, Maryland
November 5, 2025
Saad Moussamim, AIA, NCARB, CCM
VP Design & Construction
Atmos Solutions, Inc.
6856 Eastern Avenue NW, Suite 205
Washington DC, 20012
Subject: Proposal to Provide Environmental Services for the Benning Road Transfer
Station (BRTS) Abatement and Demolition Project
Mr. Moussamim,
EEC Environmental (EEC) is excited to partner with Atmos Solutions, Inc. (Atmos) to provide
environmental oversight , management, and remediation services for the Benning Road
Transfer Station (BRTS) abatement and demolition project located at 3200 Benning Rd NE,
Washington DC, 20019.
EEC understands that Atmos is demolishing the BRTS and requires environmental oversight,
management, and remediation services for contaminated water, sludge, and solid debris.
EEC’s proposed Scope of Work is detailed below and is based on the information provided
to EEC.
SCOPE OF WORK
TASK 1.1 – PROJECT MANAGEMENT
Project management is a key component of any successful project. In support of the
multiple phases of work described below, EEC’s project management team will support all
aspects of this project including but not limited to, stakeholder meeting s, budget tracking,
scheduling, client updates, etc.
TASK 1.2 – TDA PERMIT MODIFICATION
EEC will coordinate with DC Water and Sewer Authority (WASA) to process the necessary
revision to existing TDA Permit #1223-1554 to allow discharge of treated wastewater to the
sanitary sewer on site. EEC will coordinate directly with WASA to understand the updated
monitoring and reporting requirements for the proposed discharge.
Mr. Saad Moussamim, AIA, NCARB, CCM
Atmos Solutions, Inc. 2 November 5, 2025
BRTS Environmental Services
EEC assumes that the revised permit will be substantially similar to the existing permit, but
will incorporate additional discharge monitoring and reporting requirements specific to
constituents of concern (COCs) known to be present on site (e.g., oil and grease, VOCs,
PAHs, dioxins, PFAS, furans, heavy metals, etc.). EEC assumes that the maximum discharge
rate of 18,000 gpd at 25 gpm, and the existing discharge locations (13, 15, and 17) will remain
the same and will not require modification.
EEC has not included provisions to obtaining additional permits or approvals from any other
Authority Having Jurisdiction (AHJ).
TASK 1.3 – HASP AND MATERIALS HANDLING PLAN
EEC will prepare a site -specific Health and Safety Plan (HASP) . Due to the safety risks
associated with exposure to hazardous materials and wastes, exclusion zones and
specialized personal protective equipment (PPE) will be required. EEC will incorporate
elements of Atmos’ HASP into EEC’s HASP, as required.
EEC will develop Materials Handling Plan appropriate for the scope of work. This document
will identify the various matrices of impacted materials that will be handled as a part of
EEC’s proposed scope of work (e.g., water/wastewater, sludge, concrete, soil, etc.) and the
necessary materials segregation strategies for safe material handling and transportation.
The Materials Handling Plan will identify approved materials handling and segregation best
management practices, profiling requirements (as required), and acceptable disposal
facilities for the various impacted waste streams. All contractors on site (i.e., EEC
personnel, EEC subcontractors, Atmos personnel, Atmos subcontractors, and all other
contractors) will be required to adhere to the requirements and best management practices
as defined in the Materials Handling Plan.
EEC will submit Draft versions of the HASP and Materials Handling Plan to Atmos for review
and approval prior to finalizing. Hard copies of both documents will be present on site during
all field activities.
TASK 1 ESTIMATED COSTS
PROJECT COSTS
Description Price
Task 1.1 - Project Management $80,000
Task 1.2 - TDA Permit Modification $10,000
Task 1.3 - HASP and Materials Handling Plan $9,000
Total $99,000
TASK 2.1 – HOLDING TANK RENTAL FOR CONTAMINATED WATER
EEC will provide portal to portal delivery, pickup and monthly rental of frac tank (s) with 4”
cam fittings. An optional cost offers the delivery, installation, removal, pickup, and monthly
rental of 10’x50’ spillguards and tank level gauges, and can be provided under separate
Mr. Saad Moussamim, AIA, NCARB, CCM
Atmos Solutions, Inc. 3 November 5, 2025
BRTS Environmental Services
cover, if requested. Atmos shall indicate the quantity of rental equipment desired. The final
billed amount will be determined based on the amount of equipment rented.
TASK 2.1 ESTIMATED COSTS
RENTAL ITEMS
Qty Units Duration* Item Description Day Week Cycle Unit Cost
1 each 28 days 21,000 gal tank bilevel
coated
$56.10 $1,570.80
1 each 1 cycle Adapter 4” female cam x
flange AL
$15.73 $15.73 $31.44 $31.44
1 each 1 cycle Adapter 4” male cam x
flange AL
$15.73 $15.73 $31.44 $31.44
1 each 1 cycle Environmental recover
fees
$53.10 $53.10
Rental Subtotal $1,686.78
*1 cycle = 28 days
SERVICE ITEMS
Description Price
Delivery $995
Pickup $995
Service Subtotal $1,990
ASSUMPTIONS/EXCLUSIONS
For the purposes of this proposal, EEC provides the following project
assumptions/exclusions as a basis for the proposed scope of work and fee:
• EEC requires a deposit equal to one cycle (28 days) of equipment rental due at least
five (5) business days prior to equipment mobilization.
• Atmos retains all liability associated with the application, including, but not limited
to, all federal, state, and local regulations, as well as all site and facility specific
requirements.
• Atmos retains responsibility for proper set -up and operations, as well as ensuring
compliance with all safety protocols.
• Due to a multitude of economic factors, materials, labor, hauling, and freight are
currently in a period of above average volatility. If, during the performance of work,
the price of materials, labor, hauling or freight increases by 5% or greater through no
fault of EEC, the contract shall be equitably adjusted by an amount reasonably
necessary to cover any such price increases.
• Equipment subject to availability at time of project.
• Atmos is responsible for informing EEC of any jobsite or general requirements to
perform work on location.
• Atmos is responsible for securing permits, fees, bonding, right of ways,
vehicular/pedestrian traffic control, and security.
Mr. Saad Moussamim, AIA, NCARB, CCM
Atmos Solutions, Inc. 4 November 5, 2025
BRTS Environmental Services
• Atmos is responsible for providing safe, secure access and egress to an adequate
staging area throughout the job which could include brush clearing, grading, and
removal or replacement of any landscape or hardscape in the temporary right of way
for the equipment.
• Atmos is responsible for any damage to the environment including trees, vegetation,
stream banks, or any other part of the site caused by the installation, removal,
construction, pulling or dragging of equipment, or operation of the equipment that
would require site restoration or environmental countermeasures.
• Atmos is responsible for any excavation saw cutting, trench plating for the purpose
of road crossings, backfilling, restoration, modification, or alteration of any
permanent structure or site element including changes to pump pad preparation,
suction, or discharge chambers during duration of job (including installation and
removal).
• Upon delivery, Atmos is responsible for inspecting equipment for function and
cleanliness. If equipment is deemed unsatisfactory, it is Atmos’ responsibility to
refuse equipment and request replacement. If not refused or rejected, Atmos
accepts “as is” condition of equipment.
• Upon delivery, Atmos will provide suitable, safe access and laydown location for the
equipment being delivered.
• Tank delivery required DOT minimum height/width clearance.
• Atmos is responsible for any work in confined spaces.
• Atmos is responsible for protection the system from damage including any freeze
protection necessary to safeguard equipment from damage. Should equipment
become frozen and damaged, Atmos is responsible for repair of equipment. EEC can
provide necessary fre eze protection at an additional charge per executed change
order.
• Equipment stays on rent until it can be returned.
• Atmos is responsible for using equipment in a safe and proper manner in accordance
with manufacturer’s recommendations, regulatory standards, and industry best
practices. Improper usage may cause equipment/system failure, damage, possible
incidents, injuries, and spills.
• Atmos is responsible for unbolting at least front hatch door, opening fill tube caps
and valves for inspection.
• Flushing and cleaning of equipment must be performed to vendor’s standards prior
to being called off rent. Vendor personnel will perform a visual inspection. It is
recommended to have a customer representative on-site during inspection.
Equipment found not to be in “delivered condition” will not be picked up.
• This quote is valid for 30 days.
• For the quoted items, EEC requires a signed proposal not less than five (5) days prior
to delivery.
• A minimum 2 hour charge will be assessed in the event the crew is at site and weather
forces cancellation of work for remainder of day.
Mr. Saad Moussamim, AIA, NCARB, CCM
Atmos Solutions, Inc. 5 November 5, 2025
BRTS Environmental Services
• EEC’s standard hours of operation are 7:30am – 4:00pm Monday – Friday. Time
outside normal business hours will be billed at 1.5x the base rate for transportation
and services.
• EEC asks for Atmos’ full cooperation with required and site -specific Environmental,
Health, and Safety programs.
• In the event that A tmos fails to make any payment when due, otherwise defaults
under the terms of this Agreement, EEC shall have the immediate right, without prior
notice or legal process, to enter upon any premises or job site where the equipment
is located and to remove and repossess said equipment. Atmos hereby waives any
claim for damages arising from such entry or removal. All costs incurred as a result
of such removal, including by not limited to transportation, labor, recover, and
administrative expenses, shall be immediately due and payable by Atmos. Atmos
agrees that the Owner shall not be liable for any loss, delay, or damage arising from
the removal of the equipment under these circumstances.
TASK 2.2 – ON-SITE TREATMENT OF CONTAMINATED WATER
EEC will provide portal to portal delivery, pickup , and monthly rental of a 50 gallon per
minute (gpm) on-site water treatment system consisting of:
• One (1) 3-inch diesel driven high-head pump used to pump water from holding tank
through mechanical filtration portion of the system.
• Two (2) BF400 bag filter units used in a step down system from 10-micron to 1-micron
in order to reduce solids prior to complex media treatment.
• Four (4) 2,000 lb media vessels. Each vessel is to be loaded with a different complex
media intended to reduce contaminants prior to final discharge.
Task 1.2 assumes that four (4) holding tanks proposed in Task 1.1 are on site for the full
duration of the rental of the on-site water treatment system. The holding tanks are required
for pre-treatment equalization and storage, and post -treatment storage for treated water
profiling prior to discharge to the sanitary sewer at a metered rate not to exceed 25 gpm.
The amount of treatment required is dependent upon:
• The source water quality and the permitted discharge standards. EEC has prepared
this quote based on the “wastewater” quality data listed in the BRTS – Phase I &
Phase II Environmental Sampling Reports dated October 2, 2025 as provided to EEC
by Atmos; and
• The assumption that treated water discharged to the sanitary sewer under the
Temporary Discharge Authorization (TDA) Permit #1223- 1554 issued 3/13/2025 will
be required to meet “local limit” standards listed in Chapter 15, DISCHARGE TO
WASTEWATER SYSTEM, of Title 21, WATER AND SANITATION, of the District of
Columbia Municipal Regulations (DCMR).
For the purposes of this proposal, EEC has assumed that the on-site water treatment system
will be required to pretreat for contaminants including PCBs, PFAS, PAHs, TPH, heavy
metals, dioxins, furans, and VOCs. This proposal is preliminary and cannot be confirmed
Mr. Saad Moussamim, AIA, NCARB, CCM
Atmos Solutions, Inc. 6 November 5, 2025
BRTS Environmental Services
without additional information including additional source water sampling and analysis and
confirmation of discharge limits of the modified/amended TDA permit.
EEC will operate the on-site water treatment system on a batch treatment basis. EEC has
assumed a generation rate of approximately 9,000 gallons per day (gpd). A 50 gpm treatment
system can treat 9,000 gallons in approximately 3 hours. Accounting for travel time, system
operations and maintenance (O&M), sampling/profiling, and daily documentation, EEC
assumes a total of 6 hours of operational support daily. Since the frac tank(s) have a 21,000
gallon capacity, and subject to actual water production rates on site, EEC may be able to
reduce operational requirements to every other day at 9 hours of operational support per
operation day.
TASK 2.2 ESTIMATED COSTS
PROJECT COSTS
Qty Units Duration* Item Description Day Week Cycle Unit Cost
1 each 1 cycle On-site water treatment
system
$30,792 $30,792
1 each ** Media charge or
replacement
$65,378
1 each 28 days Operations &
maintenance
$1,040 $29,120
1 each 1 cycle Laboratory analytical $9,030 $9,030
Subtotal $134,320
*1 cycle = 28 days
**Assumed media life is 1 to 2 months. Actual life may vary.
SERVICE ITEMS
Description Price
Delivery $7,182
Installation $4,388
Removal $4,388
Pickup $3,924
Service Subtotal $19,882
ASSUMPTIONS/EXCLUSIONS
For the purposes of this proposal, EEC provides the following project
assumptions/exclusions as a basis for the proposed scope of work and fee:
• EEC requires a deposit equal to one cycle (28 days) of equipment rental due at least
five (5) business days prior to equipment mobilization.
• EEC assumes TDA #1223 -1554 will require modification/amendment to resume
discharges of on-site water to the sanitary sewer system. EEC assumes the current
expiration date of 12/18/2025 will be extended to align with the overall project
schedule. EEC assumes that numerical discharge limits consistent with the Blue
Mr. Saad Moussamim, AIA, NCARB, CCM
Atmos Solutions, Inc. 7 November 5, 2025
BRTS Environmental Services
Plains local limits will be listed in the modified/amended permit and sampling and
reporting requirements will be increased to monthly frequencies.
• EEC has assumed that the on-site water treatment system will be required to pretreat
for contaminants including PCBs, PFAS, PAHs, TPH, heavy metals, dioxins, furans,
and VOCs. Should additional treatment be required for contaminants not listed,
additional fees may be required.
• Atmos will provide dedicated equipment with operator and fuel to perform all needed
unloading and reloading of provided equipment/system. Equipment must be capable
of lifting 5,000 lbs.
• Atmos will supply temporary clean water for system startup, commissioning, and
testing.
• Media activation will require a pre-soak for 24 hours prior to use.
• EEC assumes that spent media will be deemed non-hazardous and can be disposed
of as such. If the spent media is deemed hazardous, additional costs may be incurred
for hazardous transportation and disposal. Additional costs may be incurred for
cleaning and/ or inspections of equipment if the spent media is deemed anything
besides non-hazardous.
• Atmos is responsible for protecting system from damage including any freeze
protection necessary to safeguard equipment from damage. Should equipment
become frozen and damaged, Atmos is responsible for repair or equipment. EEC can
provide necessary freeze protection at an additional charge per executed change
order.
• Equipment stays on rent until it can be returned.
• Availability of equipment/system and/or media will be confirmed at time of order.
• Additional fees will be incurred for transportation and/or service outside of normal
business hours (7:30am – 4:00pm, Monday – Friday).
• Frequency of media change out will be dependent upon source water quality, TDA
permit limitations, and water production rate. It is estimated that media will be
changed out every 1-2 months, but the actual frequency will be determined based on
analytical results during the course of the project.
• In the event that A tmos fails to make any payment when due, otherwise defaults
under the terms of this Agreement, EEC shall have the immediate right, without prior
notice or legal process, to enter upon any premises or job site where the equipment
is located and to remove and repossess said equipment. Atmos hereby waives any
claim for damages arising from such entry or removal. All costs incurred as a result
of such removal, including by not limited to transportation, labor, recover, and
administrative expenses, shall be immediately due and payable by Atmos. Atmos
agrees that the Owner shall not be liable for any loss, delay, or damage arising from
the removal of the equipment under these circumstances.
TASK 3.1 – SLUDGE REMOVAL
The f ollowing Task includes the removal of sludge material within basement collection
trenches and pits reviewed during multiple site inspections at the Site. The removal of
Mr. Saad Moussamim, AIA, NCARB, CCM
Atmos Solutions, Inc. 8 November 5, 2025
BRTS Environmental Services
sludge is limited to the three areas inspected by the EEC team during previous site
inspections. Those areas include the two trench areas in the basement of the facility and the
one joined area access from the upper offloading area. The following will be performed to
complete this task.
• A 6-person crew of trained and certified (in accordance with 29CFR 1910.120) Field
Technicians will be mobilized. In addition to the personnel, 2 Hi Vacuum trucks and
5 vacuum boxes will be mobilized to the site.
• The access holes that lead from the trenches inside the building to the previous
waste mixing pits will be widened, in order to gain access into the pits.
• The initial stage will be the Hi Vac trucks and vacuum boxes on the former facility
tipping floor and run vacuum hose into the former mixing pits. The vac trucks will be
connected to the vacuum boxes and thus pull material directly into the boxes, never
entering the truck.
• As much sludge will be vacuumed from the pits as possible prior to entering crew into
the trenches and pits to move the material to the vacuum hose.
• Once it becomes necessary to enter the pits/trenches, two technical will enter and
utilizing manual tools and potentially a pressure washer to move the sludge to the
vacuum hose. All OSHA approved confined space entry procedures will be followed.
• As the vacuum boxes reach capacity, they will be delivered to the disposal facility,
emptied, and brought back to the site, until a point at which the sludge has been fully
removed and the vacuum boxes can be cleaned and returned.
• After the all the sludge has been removed from the trenches and pits associated with
the former waste mix pits, work will move to other areas of the plant that have sludge
built up in trenches and pits. The trucks and vacuum boxes will be staged in strategic
areas of the facility in order to gain the easiest access. The same procedure as
described above will be followed with all of the other pits and trenches throughout
the facility.
TASK 3.1 ESTIMATED COSTS
The pricing includes all taxes, fuel surcharges, and other environmental fees.
PROJECT COSTS
Qty Units Item Description Unit Cost Line Item
Cost
30 day Labor, equipment, and material $14,500 $435,000
500 1 ton Disposal of sludge $415 $207,500
43 load Transportation of sludge to disposal facility $1,950 $83,850
5 each Vac box cleanout $900 $4,500
Subtotal $730,850
Mr. Saad Moussamim, AIA, NCARB, CCM
Atmos Solutions, Inc. 9 November 5, 2025
BRTS Environmental Services
SERVICE COSTS
Description Price
Mobilization $17,850
Demobilization $8,000
Reporting and Project Management $40,000
Total $65,850
ASSUMPTIONS/EXCLUSIONS
For the purposes of this proposal, EEC provides the following project
assumptions/exclusions as a basis for the proposed scope of work and fee:
• EEC requires payment of the mobili zation fee at least five (5) bu siness days prior
mobilization of equipment and personnel to the site.
• The above presented costs are estimates and the total project budget may be altered
due to scope changes, additional removal totals, and unforeseen project or access
difficulties.
• Based on the analysis provided, the disposal pricing assumes that material will be
non-RCRA/Non-TSCA regulated.
• The labor force will consist of 1 Project Supervisor, 2 Hi Vac operators, and three Field
Technicians.
• Assumes that work would be completed Monday through Friday and would be limited
to an 8-hour workday, not including lunch and other breaks.
• Prevailing wage rates included.
• Assumes that it will be allowed to create larger openings in the walls between the
trenches and mix pits in order to more efficiently and safely access the sludge.
• The estimated volume is based on the assumption that the average depth of the
sludge will be 12 inches and that the water will be continually pumped off throughout
the duration of the project. Also assumes that the specific gravity of the sludge will
be approximately 1.5.
• The Transportation Rate includes one (1) hour loading time. Transportation
demurrage will be charged after that first hour at a rate of $185.00 per hour.
• Fuel Surcharge will be applied and is based on a sliding scale in accordance with the
weekly Department of Energy Index.
• Project delays caused by others or conditions beyond our control will be invoiced at
our standard Time & Material rates.
• Quoted disposal pricing contained in this proposal is subject to the review of a
completed profile for approval by the disposal facility’s Technical Department.
In most instances, an SDS and/or analytical will be required at time of submittal
along with the profile. If material received at the disposal facility is found to be non-
conforming/discrepant, addition charges will apply.
• EEC reserves the right to reject any and all waste upon receipt at the facility if the
waste does not match the profile.
Mr. Saad Moussamim, AIA, NCARB, CCM
Atmos Solutions, Inc. 10 November 5, 2025
BRTS Environmental Services
TASK 4.1 – CONCRETE AND SOIL REMOVAL
The following section presents units costs for the offsite disposal of concrete and soil. The
presented costs do not include any onsite breaking, excavation, stockpile, or any other
onsite material moving costs. Effective on the above date, the following prices and terms
apply to the item(s) quoted below.
DESCRIPTION OF COSTS
Description Price
Disposal of TSCA Regulated Waste Only $525/ton
Transportation for TSCA Regulated Waste (25 – 28 tons/load) $4,800/load
Disposal of RCRA/TSCA Regulated Waste (15 tons/load) * $625/ton
Transportation for RCRA/TSCA Regulated Waste (25 – 28 tons/load) $5,600/load
Disposal of RCRA/TSCA Regulated Waste (15 tons/load) ** $4,300/ton
Transportation for RCRA/TSCA Regulated Waste (PCBs >1,000 ppm, 25 – 28
tons/load)
$12,600/load
Energy Surcharge 15%
Fuel Surcharge on Transportation (currently 33%) Varies Weekly
*PCB concentrations < 1,000 parts per million (PPM)
**PCB concentrations > 1,000 parts per million (PPM)
ASSUMPTIONS/EXCLUSIONS
For the purposes of this proposal, EEC provides the following project
assumptions/exclusions as a basis for the proposed scope of work and fee:
• Does not include any onsite breaking, excavation, loading, stockpile, or any other
onsite material moving costs.
• The transportation rate includes one (1) hour loading time. Transportation demurrage
will be charged after that first hour at a rate of $180.00 per hour.
• The pricing within this proposal will be valid through the end of 2025. Pricing will be
subject to change after December 31, 2025.
• Payment terms are net-30days upon receipt of the invoice.
• Fuel Surcharge will be applied and is based on a sliding scale in accordance with the
weekly Department of Energy Index.
• Project delays caused by others or conditions beyond the control of EEC will be
invoiced at our standard Time & Material rates.
• Quoted disposal pricing contained in this proposal is subject to the review of a
completed profile for approval by the disposal facility’s Technical Department.
In most instances, an SDS and/or analytical will be required at time of submittal
along with the profile. If material received at the disposal facility is found to be non-
conforming/discrepant, addition charges will apply.
• EEC reserves the right to reject any and all waste upon receipt at the facility if the
waste does not match the profile.
• No quantities of concrete or soil to be removed are assumed. EEC has provided unit
costs only for transportation and disposal of impacted concrete and soil. Further site
Mr. Saad Moussamim, AIA, NCARB, CCM
Atmos Solutions, Inc. 11 November 5, 2025
BRTS Environmental Services
investigation, profiling, and data gathering is required to further define the proposed
scope of work and determine quantities of materials for transportation and disposal.
EEC will provide the scope of work on a time and materials basis consistent with the above
listed unit pricing and EEC 2025 Standard Rates to be billed in monthly progress invoices
(attached). Progress invoices will be submitted for payment which will be due and payable
in net 30 days. This work will be conducted pursuant to EEC’s Standard Terms & Conditions
(attached). This proposed cost is valid for thirty (30) days after the proposal date. If
additional work is requested or required due to extenuating circumstance outside of the
scope of work, EEC will notify Atmos for approval prior to proceeding. The additional work
will be billed on a time -and-materials basis according to EEC’s most recent Fee Schedule
with net 30 days payment terms, or on a negotiated fixed-fee basis.
EEC looks forward to this opportunity and will be available to start immediately upon
receiving a purchase order . If you have any questions regarding this proposal or cost
estimate, please contact me via phone at ( 949) 309-7635 or by email at
wshaffer@eecenv.com.
Sincerely,
EEC Environmental
Will Shaffer, PE*
Senior Project Engineer
*PE licensed in specific states including Washington D.C. (PE921157)
ACCEPTANCE
If the proposed scope of work, fee estimate, and payment terms meet with your approval,
please acknowledge acceptance of same and initiate authorization by signing and e-mailing
a purchase order in the agreed upon amount to wshaffer@eecenv.com.
Print Name ________________________ Print Title ___________________________
Signature __________________________ Date _______________________________
PERSONNEL CHARGES Travel
Labor Classification Hourly Rate
Jr. Staff Engineer/Geologist/Scientist $175
Staff Engineer/Geologist/Scientist $200 Field Equipment
Sr Staff Engineer/Geologist/Scientist $215
Project Engineer/Geologist/Scientist - I $230
Project Engineer/Geologist/Scientist - II $260
Sr Project Engineer/Geologist/Scientist - I $290 Subcontractors and Reimbursables
Sr Project Engineer/Geologist/Scientist - II $320
Principal Engineer/Geologist $380
Principal $380
Project Assistant $165
Technician $175 Other Project Charges
Drafter $155
Sr Technician $190
Compliance Inspector $160
Technician GIS/Technology $140
Analyst GIS/Technology $155
Sr Analyst GIS/Technology $170
Specialist GIS/Technology $180 Shipping and Postage
Sr Specialist GIS/Technology $195
Supervisor GIS/Technology $210
Director/GIS Technology $225
Construction Technician $125 Interest Charges
Construction Field Supervisor $145
Construction Manager $155
Sr Construction Manager $195
Technical Editor $140 Payment Terms
Emergency Response:
Expert Witness:
Communication/Administration Fee:
The charge for all time required for the performance of
the Scope of Work, including office, field and travel time,
will be billed at the hourly rate according to the labor
classifications set forth below:
Field Equipment is billed at standard unit costs. Rate
schedules are available upon request.
When EEC Staff appear as expert witnesses at
court trials, mediation, arbitration hearings and
depositions, their time will be charged at 2.0
times the standard rate. All time spent
preparing for such trials, hearings, and
depositions, will be charged at the standard
hourly rate.
The cost of additional (out of scope) report
reproduction and special project accounting will be
billed as appropriate.
This Fee Schedule is adjusted each subsequent year to reflect the economic changes for the new year. The new schedule will apply to existing
and new assignments.
2025 Fee Schedule
Vehicles used on project assignments will be
charged at $150 per day. Mileage is billed at the
current rate established by the Internal Revenue
Service plus mark up. Per Diem is billed at a cost of
$95 per day (except in high cost markets, which will
adhere to GSA rates). Airfare, lodging, rental cars
and associated expenses are billed at cost plus
15%.
The costs of subcontractors, materials, equipment
rental and costs incurred will be charged at cost plus
15%.
Shipping charges include couriers and the postage
necessary will be charged at cost plus 15%.
Interest on late payments will be charged at the rate
of 1.5% per month.
Net 30 days applies to all work performed and
invoiced unless superseded by a specific executed
contract. An administration fee of 3.5% will be added
to any invoice wherepayment is made by credit card.
Emergency response will be charged at a rate
of 1.5 times the standard hourly rate.
General project-related expenses such as in-house
reproduction; printing costs for in-scope reports,
drawings, and other project records; and long -term
electronic and paper document storage; mobile
phone expenses, will be billed as a general
communication/administration fee at a rate of 4% of
the labor charges.
Attachment B10
Addl Earthwork and Existing Retaining Walls Reconfiguration
Potential Change Order
Project Name: DPW - Benning Road Transfer Station - Abatement and Demolition
AST #: DPW-012490-MISC
Project Address: 3200 BENNING ROAD NE WASHINGTON DC
PCO # 10022
Title Additional Earthwork & Existing Retaining Walls Reconfiguration
PCO Date 1/7/2026
Description of PCO Additional Earthwork & Existing Retaining Walls Reconfiguration
Potential Change Reason DGS Request
Proposed Cost $2,467,127.00
Acknowledged Cost $2,467,127.00
Proposed Schedule
Impact (Days)
Acknowledged Schedule
Impact (Days)
Requested Revised
Substantial Completion
Date
Requested Revised Final
Completion Date
Justification DGS Request
Location
Drawing Reference
Dwg No. Title Rev. No. Rev. Date
Specification Reference
Spec. No. Title Rev. No. Rev. Date
DGS Determination
IGE Cost $0.00
Funding Source
Funding Notes
January 7th , 2026
Attn: Mr. Lamarr Mayo
Government of the District of Columbia
Capital Construction Services
3924 Minnesota Ave. NE
Washington, DC 20019
Reference: DCAM-24-CS-IFB-0016 (“IFB”)
Benning Road Waste Transfer Station - Abatement and Raze Building
ATMOS -PCO-10022
Subject: Additional Earthwork & Existing Retaining Walls Reconfiguration
Dear Mr. Mayo,
Atmos Solutions, Inc is requesting your consideration of PCO#10022. On December 18th, 2025, the
Department of General Services (DGS) and Atmos Solutions, Inc. conducted a site walk and have identified
that additional earthwork and existing retaining wa lls reconfiguration will be required to maintain th e
needed site boundary with neighboring properties an d accommodate for future project needs. Therefore,
we are requesting DGS’ review and consideration for an additional fee of $2,467,127.00 in order to
accommodate for the proper implementation of the required site measures.
The BCIV set approved by DOEE on July 29
th , 2025 includes scope such as site demolition and u tility
abandonment. Additional earthwork and existing reta ining walls reconfiguration were not previously
included.
Should you have any questions or wish to discuss this matter further, please feel free to contact me directly
at (202)891-6959.
Sincerely,
______________________
Saad Moussamim
VP Design & Construction
Project Name
APPROVED
REVISE AND RESUBMIT
REJECTED
BY
SUBMITTAL#
DATE
SPEC
✔
LamarrMayo
1/16/2026
PCO 10022
Add Earthw/Ret W
This review is only for general conformance of the project and general compliance.
Corrections or comments made on these drawings during this review do not relieve
Contractor/Subcontractor from compliance with the requirements of the Contract
Documents. Contractor is responsible for coordinating all dimensions, fabrication and
existing conditions with all other project information
APPROVED AS NOTED
Benning Road Transfer Station
FOR INFORMATION ONLY
Overhead & Profit (10%)
Bond (1.8%)
Subtotal 2,203,185.00$
Storm Drain Relocation 424,225.00$
Hauling and Disposal 210,225.00$
REQUEST / CLARIFICATION / JUSTIFICATION
408,750.00$
2,467,127.00$ Change Order Total
Excavation (2,050 CY)
Underpinning 464,235.00$
Sheet Pile Shoring 695,750.00$
Additional Earthwork & Existing Retaining Walls Reconfiguration
220,318.50$
43,623.50$
(202) 891-6959
DRAWING ID
Benning Road Transfer Station 10022 1/7/2026
Potential Change Order
PROJECT NAME Change Order # DATE OF REQUEST
25-003CT
Atmos Prject Number
Atmos Solutions Inc
6856 Eastern Avenue NW - Suite #205
Washington DC 20012
Point of Contact : Saad Moussamim
smoussamim@atmossolutionsinc.com
Change Order Overview SECTION(S) REFERENCED
Additional Earthwork & Existing Retaining Walls Reconfiguration
Total
Cost Breakdown
Change Order Description