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HomeMy WebLinkAbout01-0817ARM Group Inc. 1129 West Governor Road P.O. Box 797 Hershey, PA 17033 Claimant Waste Systems International, Inc. and Community Refuse Services, Inc. t/d/b/a Cumberland County Landfill 142 Vaughn Road Shippensburg, PA 17257 Owner ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law Mechanic's Lien Claim MECHANIC'S LIEN CLAIM AND NOW, this the ~ day of February, 2001, comes the Claimant, ARM Group Inc., a Pennsylvania business corporation, by its attorney, A. MARK WINTER, ESQUIRE, and represents as follows: 1. ARM Group Inc., the Claimant, having a principal place of business located at 1129 West Governor Road, P.O. Box 797, Hershey, Dauphin County, Pennsylvania 17033, files this claim as a Contractor. 2. The Owners are Waste Systems International, Inc. and Community Refuse Services, Inc., trading and doing business as, the Cumberland County Landfill with a principal place of business located at 142 Vaughn Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Waste Systems International, Inc. ("WSI") is the direct or indirect parent corporation of Community Refuse Services, Inc., and of thirty additional companies (hereinafter, collectively the "Company"). 4. The Company is an integrated non-hazardous solid waste management company that provides solid waste collection, recycling, transfer and disposal services to commercial, industrial, residential and municipal customers within certain regional markets in the Northeast and Mid- Atlantic states where the Company operates, including in Vermont, New Hampshire, Massachusetts, New York, Pennsylvania, and the BaltimoreFvVashington D.C. area. 5. The Company owns and operates a landfill in Cumberland County, Pennsylvania which is the subject of this claim and which is subject to this Mechanic's Lien. 6. The Claimant is an engineering and environmental consulting firm. 7. In approximately May of 2000, the Claimant was contacted by either Waste Systems International, Inc. or one of its wholly-owned subsidiaries for the purpose of providing engineering and consulting services at the Company's Cumberland County landfill in response to Notices of Violation which the Pennsylvania Department of Environmental Protection issued against the landfill. The Pennsylvania Department of Environmental Protection has the legal authority to terminate the operation of any landfill operation which has received Notices of Violation and has failed to abate them to the Department's satisfaction. 8. As a result of the initial contact, the Claimant and the Company entered into a written contract dated June 6, 2000 whereby the Claimant agreed to perform construction quality assurance services at both the Hopewell and Newton areas of the Cumberland County landfill. The contract, and subsequent modifications thereto, between the Claimant and the Company detailing the kind and character of labor and materials to be furnished is attached hereto and made a part hereof as Exhibit "A". 9. The parties expanded the initial contract on July 21, 2000, to include construction quality assurance inspection and testing for the Newton phase and also to provide landfill certification for the Newton phase, as required by the Pennsylvania Department of Environmental Protection. The expanded contract also increased the initial budget from $40,000 to $150,000. 10. On September 15, 2000, the parties increased the budget to $190,000 due to additional work required to be performed by the Claimant in order to fulfill all of the obligations under the contract for the Newton phase of the Cumberland County landfill. 11. The Company filed for bankruptcy in the United States Bankruptcy Court for the District of Delaware on January 11, 2001. 12. The final invoice for all work performed by the Claimant up to and including the date of filing of the bankruptcy petition, but unpaid as of that date, is $231,774.85. A detailed description of the kind and character of labor and materials furnished is attached hereto and made a part hereof as Exhibit "B". 13. As of the date of the filing of this Claim, the Newton phase of the original contract has not been completed in that the final certification to the Pennsylvania Department of Environmental Protection has not yet been completed and the physical work required to be performed before the certification can be completed was not finished prior to the filing of the bankmptcy petition. 14. The Company is currently operating both the Cumberland County landfill and is producing revenue at the facility. 15. The Debtor must supply the necessary certification to the Pennsylvania Department of Environmental Protection in order to be able to continue operation of the facility. 16. The Claimant files this claim and demands payment from the Company for services rendered in the amount of $231,774.85 for the Hopewell and Newton projects. 17. The property which is the subject of this claim is commonly known as 142 Vaughn Road, Shippensburg, Cumberland County, Pennsylvania 17257. This claim is filed against the lands that comprise both the Hopewell and Newton phases of the Cumberland County Landfill. Dated: February ~ , 2001 ARM GROUP INC. By their attorney, A. MARK WINTER, ESQUIRE Attorney I.D. No. 23178 310 West Chocolate Avenue Hershey, PA 17033 (717)-533-4868 VERIIqCATION I, NED E. WEHLER, President of ARM Group Inc., hereby verify that the statemems in the foregdmg Mechanic's Lien Claim are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of 18 PA.C.S, Section 4904, relating to the unswom falsification to authorities. Dated: ~ -~ - 0 I Ned E. Wehler, President ARM Group Inc. EXHIBIT "A" ARM Group Inc. Earth Resource Engineers and Consultants June 6,2000 Mr. James Stipe General Manager Cumberland County Landfill 142 Vaughn Road Shippensburg, PA 17257 Re~ Quality Assurance Oversight Hopewell Site Compliance Measures Newton Site Cell 1 Construction Cumberland County Landfill ARM Proposal 00183 Dear Mr. Stipe: In accordance with your request, and based on our June 5 and June 6, 2000 meetings at the Cumberland County Landfill (CCL) sites (Hopewell and Newton), ARM Group Inc. (ARM) has prepared the following work scope and cost estimate to conduct quality assurance (QA) oversight work in connection with compliance measures that must be carried out at the Hopewell site and Cell 1 preparation and construction at the Newton site. ARM understands that timely and committed service is necessary to address Notice of Violations (NOVs) from the Pennsylvania Department of Environmental Protection (DEP) that CCL has received within the last month; and that corrective actions must be carried out to minimize the likelihood and degree of enforcement actions that may face CCL. To this end, ARM will focus on the May 1 and May 24, 2000 NOVs, and the subsequent "Immediate Improvements" punch list (generated by Martin & Martin (MM) and distributed to involved parties at our June 6, 2000 meeting) that address NOV items. Based on our June 6, 2000 meeting, it is our understanding that Bucek & Associates, Inc. (Bucek) is responsible for the Leachate Monitoring item on the punch list and that EarthRes Group, Inc. (ERG) is responsible for the Gas Monitoring item on the punch list. However, ARM will acquire a working knowledge of these items and maintain peripheral involvement of the leachate and gas issues to facilitate communications and applicable transitional activities relative to QA involvement. Otherwise, ARM's work scope is as follows: 561 West Chocolate Avenue · Hershey, PA 1703 voice: (717) 533-8600 · fax: (717) 533-8605 e-mail.: info@arm.pa.cc WORK SCOPE Phase 1 - Hopewell Compliance Measures - QA Oversight Cover Soils: ARM personnel will inspect and sample, where warranted, cover soils that are proposed for use and/or already in place for daily and intermediate cover purposes. Where pozzi-shell or other alternate daily cover (ADC) is approved for use, ARM will observe its placement and document that it is being installed in accordance with the approved method in the permit or equivalency review documents. We understand thatpozzi-shell will be proposed as a demonstration project for use as intermediate cover, and that ERG will be responsible, through MM, to submit this application. For the purposes of our oversight activities, we will assume that pozzi-shell will be used as a DEP-approved demonstration project intermediate cover. For estimating purposes, we have allocated a $1,000 budget for laboratory testing (U'SDA textural classification) to document proper gradation and USDA classifications are being applied where soil is used for cover. Ifa testing frequency protocol is specified in a general operating QA Plan, ARM should be so notified'to ensure compliance. Otherwise, we will collect samples at our discretion (estimated to be one sample per week for 8 weeks or until source or process consistency stabilizes) or under MM's guidance to document compliance. If any laboratory testing reveals that soils do not meet the regulatory requirements for soil texture, ARM will immediately notify MM and/or CCL so that proper action can be taken. A hard copy of test results will follow up any verbal report of non-compliance within 48 hours. Sedimentation Basins and Interceptor Channels/Terraces ARM personnel ~vill direct and document repair work to be conducted relative to sedimentation issues, including: · The elimination or substantial reduction of"piping" around barrel discharge pipes of sediment basins. This will be achieved through excavation and replacement of bacldill soils around the barrel pipe with bentonite cut-offtrenches (i.e., anti-seep collars) and clayey backfill soil; · Placement of filter stone around riser pipes to reduce sediment discharge; · Placement of stone ben'ns/check dams at basin entrances, and along channels and benches/terraces to reduce sediment loading; · Installation of stone drains between capped and uncapped portions of the landfill to prevent lateral flows; · Other measures to be determined in the field. ARM personnel ~vill be on site to direct, where necessary, and oversee these repair and operational/maintenance-related construction activities. In addition, ARM will generate as-built drawings or schematics, as appropriate, for submission through MM to the DEP to document corrective actions. A R M G r o u p I n c Seep Control ARM personnel will direct and document seep mitigations measures carried out to eliminate or substantially reduce outbreaks. Such measures, as summarized in MM's June 6 punch list, will include digging into the landfill at seep locations to promote intemal drainage of the seeps, grading the working face to promote drainage away from the side slopes, and scraping or trenching through intermediate and daily cover soils prior to successive waste lift applications to promote vertical percolation of leachate. Also, in general, ARM will take a proactive approach in guiding earthwork and other operational practices to avoid compliance issues. We will report any observations that require attention along with recommendations for resolution. ARM will maintain a record log, daily inspection forms, and maps that document each day's activities. At the end of each day, ARM will copy documents generated, and provide a copy to MM and CCL. Both of these copies will be left in the CCL offices for pick up by an MM representative and for CCL files. Phase 2 -Newton Site Pad N-1 Construction QA Oversight Site Preparation and Maintenance' ARM personnel will direct and document grading activities to eliminate undrained areas and to prepare the site for rough grading and cell construction, including the application of temporary revegetation. We will work with Best Angle Surveys (Angle) to coordinate surveying for creating drawings to illustrate site conditions for record purposes. Structural Fill Placement, Pad Grading, and Cell Construction/Liner Installation Activities ARM understands that MM will provide ARM personnel with the DEP-approved construction quality control (C. QC) plan and CQA plan for the PadN-1 construction. Currently, ARM does not have possession of these plans. However, based on our prior experience in overseeing CQC plans and carrying out CQA plans, we anticipate that, depending on the construction equipment and manpower dedicated to the project, we will have one to two full-time personnel on~site to inspect and oversee construction. In any case, ARM will follow the protocols set forth in the approved CQC/CQA plan. If necessary, upon the request of CCL, ARM will prepare a more detailed scope of work and list of responsibilities for ARM following the receipt of the CQC/CQA plan. SCHEDULE ARM will begin work immediately, and will remain dedicated to the projects above referenced until directed otherwise by CCL. Based on our June 5 and June 6, 2000 meetings, we anticipate that the Hopewell site will require 8 ~veeks of ARM involvement for the compliance-related construction measures. CQA oversight at the Newton site will, in part, occur concurrently as well as after Hopewell work for an estimated duration of 4 months. This is an assumed schedule and subject to change based on. the Contractor's schedule for the Newton site as well as any on- A R M G r o u p I n c going issues and ultimate closure of the final cells on the Hopewell site. For budgetary purposes, we have assumed ARM personnel will be on-site until Pad N-I of the Newton site has been certified by ARM as compliant with the design drawings and specifications (and CQC/CQA plan), which we have assumed to be a total of 20 weeks. COST ARM's cost to conduct the above work will be dictated by field conditions and the schedule and progress of the contractors on site performing the work. ARM's level of effort will be guided by your project coordinator, as directed. Our services will be conducted on a time-an-expense basis in accordance with our current Consulting Rate Schedule, which is attached. Over the next 8 to 10 weeks, ARM's cost will likely be in the range of $30,000 to $40,000. As Pad N-1 develops and the manpower and laboratory testing requirements can be more defined, we will update our estimates. Actual charges will be more than or less than the estimated budget, depending upon the level of effort required by this assignment. Invoices are prepared on a monthly basis, and our terms for payment are net: 30 days. If the objectives and generalized scope of services as described herein are acceptable, you should indicate your approval by signing this proposal in the indicated space below or by issuing a purchase order with mutually acceptable conditions. If you have any questions or require clarification or a modification of this proposal, please contact the undersigned at your earliest convenience. We appreciate the opportunity to serve you and Waste Systems International, Inc. on this project. Sincerely yours, ARM Group Inc. William S. Tafuto, P.E. Vice President and Geoteclmical Engineering Manager ACCEPTED BY: Waste Systems International, Inc. - Cumberland Waste Services By: Name and Title Date Enclosure: Fee Schedule A R M G r o u p I n c going issues and ultimate closure of the £mal cells on the Hopewell site. For budgeta~ purposes, we h~ve a~smned ARIvl persormel will be on-site undl PadN-1 of the ~ewtou site ha~ b~cn certified by ARM as compliant w/th the design drawings and specifications (and CQC/CQA plan), wlfich we have assumed to be a total of 20 weeks. COST ARM's cost to conduct the above work will be dictated by field conditions and the schedule and progress of the conuactors on site performing the work. ARM's level of effort will be guided by your project coordinator, aa directed. Our services will be con~d~cted~&on a time-an-expense basis ill accordance with our currem Consulting Rate Schedule, whigtf~attache'¥. Over the next 8 to 10 weeks, ARM's cost will likely be in the range of $30,000 tq $40,000. ,5ts Pad N-1 develops and the manpower and laboratory testing requirements can be more ~¥fined,~ will update our estimates. Actual charges will be more than or less than the estimated bu"dge~, depending upon the level of effort required by this assignment. Invoices ate prepared on a monthly basis, and our terms for payment are net: 30 days. If the objectives and generalized scope of services as described herein are acceptable, you should indicate your approval by signing this proposal in the indicated spac~ below or by issuing a purchasc order with mutually acceptable conditions. If you have any questions or require clarification or a modification of this proposal, please contact the undersigned at your earliest convenience. We appreciate the opportunity to serve you and Waste Systems International, Inc. on this project. Sincerely yours, ARM Group Inc. Vice Prcsidant and Geotechnical Engineering Manager ACCEPTED BY: Waste Systems~ternational, Inc. - Cumberland Waste Services ~e and Title ~ Date Enclogure: Fee Schedule A R M 0 r o u p 001'7' ARM Group Inc. Earth Resource Engineers and Consultants July 21, 2000 Mr. James Stipe Vice President, Pennsylvania Region Cumberland County Landfill 142 Vaughn Road Shippensburg, PA 17257 Quality Assurance Oversight Newton Pad N1 Construction Cumberland County Landfill ARM Proposal 00212 Dear Mr. Stipe: Following up on a request from Waste Systems International's (WSI's) Mr. Bernie Rieder, ARM Group Inc. (ARM) has updated its previously submitted proposal (Proposal 00183, June 6, 2000) to continue quality assurance (QA) inspection, testing, and oversight work in connection with the Newton Pad NI Construction located at the Cumberland County Landfill (CCLF). As you are aware, ARM personnel have had on-going involvement at the CCLF site since early June, with responsibilities related to installation and documentation of compliance measures for the Hopewell site and inspection/testing and guidance for the preparation of the Newton Pad N1 landfill. To date, Newton construction activities have been limited to clearing and excavation to achieve subgrade at the site. Pad construction consisting of subbase, liners, piping, protective cover, etc. is expected to begin around August 1 and continue through November 30, 2000. According to Mr. Rieder, in order to complete construction within that timeframe, it is expected that 12 hour days, 6 to 7 days per week will be required with requisite inspection and testing. By August 1, 2000, ARM anticipates that the currently approved budget ($40,000) for engineering and QA activities conducted by ARM will be nearly exhausted due to 7-day workweeks and extended workdays. Therefore, ARM requests an updated purchase order or amendment to ensure continuity of oversight and sufficient budget to last for the duration of the project. The proposed works scope below is intended to fulfill QA requirements sufficient for ensuring compliance with the permit drawings (note: specifications and "issued for construction plans" have not been received) and to result in a complete certification report. 561 West Chocolate Avenue · Hershey, PA 1703 voice: (717) 533-8600 · fax: (717) 533-8605 ° e-mail: info@arm.pa.C( ARM 'Proposal 00212 2 July 2l, 2000 WORK SCOPE Construction Quality Assurance Inspection and Testing for Newton - Cell N1 The engineer-of-record for the permitting of the Newton expansion, Martin & Martin, Inc. (M&M) provided AP~M with the Construction Quality Assurance/Quality Control (CQAJQC) Manual for CCLF that reportedly governs QA/QC at the site. Based on this manual, which we understand to be part of the Pennsylvania Department of Environmental Protection (DEP) permit, unless otherwise notified, ARM will perform QA inspection, testing, and oversight during the construction of the Nexxaon Pad N1 landfill area. Our work scope is based on our review of this document, with estimated requisite laboratory testing. This work includes: 1. Review of manufacturer's quality control (MQC) documentation to verify compliance with project specifications. 2. Conformance sampling and testing in accordance with the CQAJQC Manual (Manual), to include: · Sample collection and testing at a rate of one per lot, but not to exceed one per 100,000 square feet at an independent laboratory for geomembrane, geotextile, and geocomposite (geonet and geotextile) layer properties listed in the Table 1 of the Manual; · Sample collection and testing at a rate of one per I0 rolls ofgeosynthetic clay liner (GCL) at an independent laboratory for properties listed in the Table 1 of the Manual; · Sample collection and testing of structural fill, subbase, protective cover, detection zone, and pipe bedding aggregates in accordance with the protocols set forth in Table 1 of the Manual; · Review of testing results with notifications relative to compliance made to Owner. 3. Subgrade preparation inspection and acceptance as set forth in the Manual. 4. Verification of anchor trench compliance with drawings and specifications. 5. Verification of field panel identification and preparation of a table correlating panel codes with roll numbers. 6. Verification that field panel placement and deployment are in accordance with specifications andior approved panel layout submittal. 7. Verification of proper seam preparation, procedures, and non-destructive testing. 8. Selection of destructive seam test locations at a minimum average frequency of one per 500 lineal feet and independent laboratory testing of samples in accordance with ASTM D-4437. 9. Verification of minimum acceptable values for destructive seam test results. 10. Verification of proper placement of soil materials With any non-compliance reported to the Owner. 11. Verification of the accuracy of the panel layout as-built drawing showing seam locations, identification numbers, destructive test locations, and repairs/patches. A R M G r o u p I n c ARM Proposal 00212 3 July 21, 2000 12. Coordination with the surveyor in providing timely as-built topographic surveys of the top (or bottom) of subbase, top of protective cover, and plan location of pertinent features including sumps, piping, and anchor trenches. ARM proposes to exclude the Plate Load Test (Table 1, Subbase, Item 6) cited in the Manual, as that has been recognized by the engineering community, and subsequently DEP pursuant to its proposed regulations, to be an inapplicable test and random bearing capacity criterion (i.e., 4,500 pounds per square foot plus applied load). It is important to note that the exact number of samples and tests cannot be provided at this time due to the absence of any quantities or bid forms from which the earthwork and geosynthetic contractors would base their bids. QA testing would also be reflective of such quantities, as well as the number of sources from which aggregates would be delivered. Therefore, in the Cost section of this proposal, the laboratory testing cost is an estimate. In accordance with the terms of the permit, ARM personnel will be on site during any work that takes place in the cell. In the role that we are expected to have, ARM will serve as QA Engineer with responsibilities as set forth in the Manual. Therefore, we expect that the Construction Contractor will have a sufficient number of competent superintendents and staff to execute the work and, therefore, our role in this project will not be as a construction manager. If such a position is necessary, ARM will staff it accordingly, but at costs in addition to those estimated in this proposal. As stated earlier in this proposal, we have been informed that 6 or 7 day workweeks and 12-hour · days will be required to meet the cell opening schedule. For budgetary purposes, we have assumed that 7-day workweeks will be required and that workdays will be on the average of 12 hours, plus travel. ARM's actual site time and labor will be dictated by the Contractor's schedule and progress. Therefore, in the Cost section of this proposal, the inspection labor cost is an estimate. Pad N1 Landfill Certification Report At the conclusion of the project, ARM will prepare a certification report, as required by the DEP and specified in the Manual. The following documentation will be developed, maintained, and submitted, as appropriate: · Surveyed plans showing completed fill grades (subbase and protective cover); locations of pipes, penetrations, and anchor trenches; and as-built geomembrane panel layout with notable features (e.g., seam tests, patches, repairs); · Copies of daily inspection reports; Copies of MQC testing and CQC testing results; Copies of conformance and other CQA test results; · Accompanying narrative, as appropriate; and · Copies of relevant correspondence between/among the Owner, Installer, Contractor, ARM, and the DEP that was generated during construction. A R M G r o u p I n c ARM Proposal 00212 4 July'21, 2000 The certification report will be signed and sealed by an ARM professional engineer (P.E.), as required by DEP. One draft copy will be provided to the Owner for review and comment. Three copies of the final certification report will be provided to the Owner for distribution and filing. Inspection Support, Meeting Attendance, and Related Correspondence During the course of the project, additional manpower beyond the services of one inspector is expected to be necessary to inspect the work. In addition, weekly progress meetings will be held as necessary to conform with 0waer and/or DEP's requirements. Therefore, at least once per week, an ARivI professional engineer (P.E.) will visit the site and attend the progress meetings to provide input and provide direction and oversight of ARM's inspectors. Direct P.E. oversight is specified in the Manual (i.e., QA Engineer) and is a requirement of Pennsylvania law as the certification report that will be generated as a result of our inspections will require the seal of a P.E. ARM has reserved personnel accordingly and allocated budget in our cost estimate presented below. In addition, based on our review of the plans provided, the need for on-going correspondence with the Design Engineer and the Installer is evident based on inconsistencies and/or omissions in the construction-related documents. ARM engineers will have correspondence with these parties as well as the Owner to facilitate project progress and compliance with the project plans and specifications. Currently, ARM understands that, although surveying will be coordinated by ARM for the production of as-builts and record drawings, Best Angle Associates or the Contractor's surveyor will perform surveying, with oversight by ARM, under contract to WSI. IfWSI prefers that ARM provide the surveying services, we should be notified by WSI so that we can amend our proposal and cost accordingly. SCHEDULE ARM's work pursuant to this proposal is expected to begin on or about August 1, 2000 and will continue through completion of the project which is expected to be November 30, 2000. Due to the Installer's and Contractor's schedule and progress directly impacting ARM's labor, ARM's work must be conducted on a time-and-expense basis. However, for budgetary purposes, we have assumed that the project will run from August 1 through November 30, 2000, working 7 days per week, 12 hours per day plus travel. ARM's draft certification report will be submitted within one month of receiving final submittals (e.g., panel layout as-built) from the Installer and any supporting documentation that is the responsibility of other parties. A R M G r o u p I n c ARM ?roposal 00212 5 July 21, 2000 COST AP~M's cost to conduct the above work will be dictated by field conditions and the schedule and progress of the contractors on site performing the work. ARM's level of effort will be guided by the number of construction crews on site and your project coordinator, as directed. Our services will be conducted on a time-and-expense basis in accordance with our current Consulting Rate Schedule, which is attached. Through November 30, 2000, AKM's cost will likely be in the range of $150,000, broken down as follows: · Engineering Inspector: 120 days (excludes Labor Day and Thanksgiving) @ 13 hours/day (incl. 1 hour travel) ~ $58/hour -- $90,480 estimated; · Project Engineer: 18 weeks ~ 20 hours/week @ $68/hour = $24,480 estimated; · Geotechnical Engineering Manager, P.E.: 18 weeks ~ 5 hours/week @ $95/hour - $8,550 estimated; · Clerical Support: 18 weeks @ 3 hours/week ~ $35/hour = $1,890 estimated; · Expenses: $14,000 estimated; · Laboratory Testing: $15,000 estimated. Total Estimated Cost: $154,400 Therefore, for budgetary purposes, ARM proposes a budget of $150,000. All services will be provided in accordance with the attached Consulting Rate Schedule and ARM Group Inc. Standard Terms and Conditions, which the undersigned acknowledges as having read and agreed to upon acceptance of this proposal. Invoices will be biweekly and payment terms are net 30 days. This proposal will remain open f6r 30 days. PROPRIETARY NOTICE Information contained within this document is the property of and proprietary to ARM Group Inc. and cannot be reproduced, disclosed, or used except for evaluation purposes without the express written consent of ARM Group Inc. You may authorize this work by signing in the space provided below and returning a copy of the signed proposal with an original signature. This will serve as the contract for our services if selected. Alternatively, ARM will accept a purchase order from WSI - Cumberland County Landfill referencing this proposal, provided that terms and conditions are mutually agreed upon. ARM appreciates the opportunity to provide this proposal to WSI and looks forward to working with you on this project. A R M G r o u p ~' I n c ARM Ptoposa?00212 6 July 2I, 2000' It' you have any questions or require clarification or a modification of this proposal, please contact the undersigned at your earliest convenience. We appreciate the opportunity to serve you and Waste Systems International, Inc. on this project. Sincerely yours, ARM Group Inc. William S. Ta~uto, P.E. Vice President and Geoteehnical Engineering Manager ACCEPTED BY: Waste Systems International, Inc. - Cumberland County Landfill By: Name and Title Enclosure: Date Fee Schedule Terms and Conditions A R M G r o u p I n c Proposal 00212 07/~0 ' U t": H0.9~6 3a!,y 2l, 2000 au have aa)' q~estlons or require cl.~Lficatlon or a moctificalion oft. his pwposal, pica.se ~ont~ct tmdersiS,oed at you~ e~rlie~ co~ienoe. We ~p,~f_~e tl~ oppotttmity to ~erv¢ you a.nd W~ tm-ns Int2m~oual, ~. on this ~c,.~e~:t $incet-..ly yours, ARM Chou]: Inc. William $. Tafi. U~, P.E. Vice PreScient and ~ED BY: Waste .. - Inc. - Cumber~nd Coun~j~ Landfil~ Fee Tctm~ ~,.d Conditions A B. ~vf C3 r o u p I n c ARM Group Inc. Earth Resource Engineers and Consultants September 15, 2000 Mr. James Stipe Vice President, Pennsylvania Region Community Refuse Services, Inc. d.b.a. Cumberland County Landfill 142 Vaughn Road Shippensburg, PA 17257 Re~ Quality Assurance Oversight Newton Pad N1 Construction Cumberland County Landfill ARM Proposal 00212 Addendum No. I Supplement Dear Mr. Stipe: Following up on our September 13, 2000 meeting concerning Addendum No. 1 to ARM Group Inc.'s (ARM's) Proposal 00212, which constituted a change order request for the construction quality assurance (CQA) work being conducted by ARM at Cumberland County Landfill - Newton Pad 1, provided herein is a revised projected cost estimate. The revised cost estimate is based on the actual charges accrued for ARM's work on the Newton Pad N1 project (ARM Project 00171-5) since commencement on or about July 31, 2000 through September 10, 2000, extrapolated through October 31,2000, the expected completion date. The expected completion date is based on information received from Waste Systems International, Inc.'s (WSI's) Mr. Mark Katrina on September 15, 2000. Adjustments to the extrapolated estimate have been made to account for the laboratory testing that has been completed and will not be replicated. Geomembrane peal and shear tests represent the majority of the remaining geosynthetic tests to be conducted. Grain size, insoluble residue, relative density, and permeability tests will be the remaining tests to be conducted on the protective cover aggregate, in accordance with the permit, and are budgeted accordingly in the estimate. In addition, above average engineering involvement that was required in August and September to resolve issues in connection with the Minor Permit Modification Application submittal and for rectifying design/construction plan issues in the field is assumed to not be necessary for the remainder of the work. Also, the following estimate assumes that the estimated completion schedule set forth by WSI accounts for diminishing daylight hours with requisite reductions in CQA oversight. The original Addendum No. 1 assumed construction through November 30, 2000, which was based on estimated duration as reported by ARM and contractor personnel. A reduction of estimated labor and expense has been made accordingly and is reflected in the revised cost estimate below. 561 West Chocolate Avenue · Hershey, PA 170 voice: (717) 533-8600 · fax: (717) 533.8605 · e-mail: info@armlpa.c ARM Proposal 00212, Addend. 1, Rev. I 2 Septembel 15, 20130 The following breakdown illustrates the derivation of the cost estimate to complete the project: July 31 through Sept. 3 (Subgrade, and Geosynthetics beginning in mid-August) Total Days Worked -- 36 Total Labor Hours = 706 Including Office Support Labor Total Labor Cost = $45,331.50 Total Expenses = $4624.93 Total Laboratory = $10,123.45 Total Charges = $60,079.88 Sept. 4 through Sept. 10 (Subbase and Geosynthetics) Total Days Worked = 6 Approximate Approximate Total Labor Hours = 259.50 Including Office Support Labor Total Labor Cost = $16,077.00 Total Expenses = $2,070.30 Total Laboratory = $5,813.25 Approximate Total Charges = $23,960.55 Sept. 11 through Oct. 17 (Subbase, Geosynthetics, and Protective Cover/Piping) Assumes 7 weather (no work) days, 2 to 3 QA personnel on site, plus office support. Total Days to Work =30 Estimated Estimated Estimated Estimated Total Labor Hours =950 Including Office Support Labor Total Labor Cost = $59,900 Total Expenses = $6,900 Total Laboratory = $6,000 Total Charges = $72,800 Oct. 18 through Oct. 31 (Protective Cover/Piping, Pump House, and Certifica- tion Report) Assumes 1 to 2 QA personnel on site and office support for report. Total Days to Work =14 Estimated Estimated Estimated Estimated Total Labor Hours =280 Including Office Support Labor Total Labor Cost = $18,900 Total Expenses = $3,700 Total Laboratory = $6,000 Total Charges = $29,950 Estimated Total Cost From July 31 through October 31 I = $186,790 A Il M G r o u p I n c ARM Proposal 00212, Addend. 1, Rev. 1 3 September ~5, 2000 Expenses include (per rate schedule): 1. Vehicles rented from an outside vendor at lowest negotiated rate (e.g., 4-WD trucks), mileage included, fuel extra. 2. Personal vehicles ~ $0.39/mile. 3. Generator @ $180/week. 4. Trailer ~ $75/week. 5. Nuclear Density Gauge ~ $260/week. 6. Miscellaneous: record log books for QA notes; binders for certification reports; marking paint and flags; meals; buckets; copies and other reproduction (e.g., 24 x 36 plot, etc.), overnight delivery for 24-hour turn-around on laboratory test results. Therefore, for budgetap7 purposes, ARM requests that WSI increase the original budget by $40,000 to a total budget of $190,000. This budget, as stated previously, is based on the premise that surveying is directly billed to WSI and not included within the above budget. ARM will conduct its services on a time-and-expense basis, and will not exceed the above amount without verbal authorization from Mr. Stipe or Mr. Katrina. As always, ARM will endeavor to keep costs as low as possible by negotiating low rates with vendors and subcontractors, and by maintaining only the required number of personnel on site and otherwise involved to ensure a quality installation and a competent certification. All services will be provided in accordance with the Consulting Rate Schedule and ARM Group Inc. Standard Terms and Conditions, which the undersigned acknowledges as having read and agreed to upon acceptance of this proposal. Invoices will be biweekly and payment terms are net 30 days. This proposal will remain open for 30 days. PROPRIETARY NOTICE Information contained within this document is the property of and proprietary to ARM Group Inc. and cannot be reproduced, disclosed, or used except for evaluation purposes without the express written consent of ARM Group Inc. Please authorize this additional budget by signing in the space provided below and returning a copy of the signed proposal with an original signature. This will serve as an amendment to our existing contract for this work. Alternatively, ARM will accept a change to the purchase order from Community Refuse Services, Inc. d.b.a. WSI - Cumberland County Landfill referencing this proposal, provided that terms and conditions are mutually agreed upon. ARM appreciates the opportunity to continue working on this project. A R M G r o u p I n c ARM Proposa! 00212, Addend. 1, Rev. ! 4 September 1'5, 2000 If you have any questions or require clarification or a modification of this proposal addendum, please contact the undersigned at your earliest convenience. Sincerely yours, ARM Group Inc. William S. Tafuto, P.E. Vice President and Geotechnical Engineering Manager AUTHORIZED AND ACCEPTED BY: Community Refuse Services, Inc. al.b.a. Waste Systems International, Inc. - Cumberland County Landfill By :~ ~ame and Title Date A R M G r o u p I n c EXHIBIT "B" ARM Group Inc. Earth Resource Engineers and Consultants Statement BILL TO Waste Systems International, Inc. WS[ Altoona Hauling Inc. P.O. Box 136 Hopewell, PA 16650 DATE January 15, 2001 PROJECT AMOUNT DUE 00171 Cumberland County $ 231,774.85 Landfill DATE DESCRIPTION AMOUNT BALANCE 10/01/00 INV #982137 $ 85,916.83 $ 85,916.83 10/29/00 INV #982253 $ 81,333.29 $167,250.12 11/15/00 INTEREST $1,288.75 $168,538.87 12/03/00 INV #982319 $ 57,282.66 $ 225,821.53 12/15/00 INTEREST $ 2,528.08 $ 228,349.61 01/15/01 INTEREST $ 3,425.24 $ 231,774.85 CURRENT $ 3,425.24 1-30 DAYS PAST DUE $2,528.08 31-60 DAYS 61-90 DAYS PAST DUE PAST DUE $ 58,571.41 $ 81,333.29 OVER 90 DAYS PAST DUE $ 85,916.83 AMOUNT DUE $ 231,774.85 1129 West Governor Road · P.O. Box 797 · Hershey, PA 17033-079 voice: (717) 533°8600 ', fax: (717) 533-8605 · e-mail: info@armgroup.ne ARM Group Inc. Earth Resource Engineers and Consultants Invoice DATE 'INVOICE NO. 10/l/00 982137 BILL TO Waste Systems International, Inc. Cumberland County Landfill Ms. Cheryl Burke 142 Vaughn Road Shippensburg, PA 17257 REMIT TO AP, aM Group Inc. 561 West Chocolate Avenue Hershey, PA 17033 PERIOD TERMS DUE DATE PROJECT CUSTOMER'S P.O. # 09/04/00 to 10/01/00 : Net 30 10/31/00 00171* 1517 DESCRIPTION Task 2 - Vaughan Road Design/CQA W. Tafuto, Engineering Manager S. DeCock, Word Processor R. Kitchen, Senior Engineering Technician Field Supplies Mileage 11 x 17 Color Copies Subtotal Charges for This Task Task 5 - Newton Pad N1 QA Activities W. Tafuto, Engineering Manager M. Guy, Project Engineer A. Knickerbocker, Senior Field Technician W. Neidigh, Staff Scientist J. Pease, Project Manager ~J. Warnick, Staff Engineer S. DeCock, Word Processor M. Heisey, Project Scientist M. Foerster, Project Eng. Geologist Field Supplies QTY 0.25 3 4 14 RATE 95.00 35.00 60.00 72.30 0.39 2.00 20 95.00 305.5 68.00 67 50.00 204.5 60.00 29.5 85.00 44 65.00 0.75 35.00 22 6O.O0 196.5 65.00 4,882.45 AMOUNT 475.00 8.75 180.00 72.30 1.56 28.00 765.61 1,900.00 20,774.00 3,350.00 12,270.00 2,507.50 2,860.00 26.25 1,320.00 12,772.50 4,882.45 !Total Page 1 561 West Chocolate Avenue · Hershey. PA 170 voice: (717) 533-8600 · fax: {717) 533-8605 · e-mail: info@arm-pa.C BILL TO ARM Group Inc. Earth Resource Engineers and Consuttan[s Waste Systems International, Inc. Cumberland County Landfill [vis. Cheryl Burke 142 Vaughn Road Shippensburg, PA 17257 Invoice DATE !INVOICE NO. 10/l/00 98_D7 REMIT TO 7A~'I Group Inc. ,561 West Chocolate Avenue Hershey, PA 17033 PERIOD TERMS 09/04/00 to 10/01/00 Net 30 DESCRIPTION Meals J&L Testing BS and T Labs Mid Atlantic Testing Mileage Copies Trailer Rental (per week) Troxler Nuclear Gauge Rental (per week) Generator Rental (per week) Subtotal Charges for This Task Task 6 - Leachate Treatment Plant W. Neidigh, Staff Scientist Subtotal Charges for This Task Task 7 - Soft Spot - Groundwater Issue iN. Wehler, Senior Project Manager 'WTft Eg' 'gM } . a Ito, n neerm anaoer= DUE DATE 10131/00 PROJECT 00171* , CUSTOMER'S P.O.# 1517 Q'FY 340 340 4 4 4 65 RATE 461.66 7,394.50 345.00 3,047.50 0.39 0.05 75.00 260.00 180.00 60.00 261 95.00 26.51 95.00 Total AMOUNT 461.66 7,394.50 345.00 3,047.50 132.60 17.00 300.00 1,040.00 720.00 76,120.96 3,900.00 3,900.00 2,470.00 2,517.50 561 West Chocolate A v ePanqeu2 e ' Hershey, PA 1 70! voice: (717) 533-8600 fax: (717) 533.8605 e-mail: info@arm-pa.C' ARM Group Inc. Earth Resource Engineers and Consultants DATE 10/1/00 Invoice INVOICE NO. 982137 BILL TO Waste Systems international, Inc. Cumberland County Landfill NIs. Cheryl Burke ' 142 Vaughn Road Shippensburg, PA 17257 REMIT TO ARaM Group Inc. 561 West Chocolate Avenue i Hershey, PA 17033 PERIOD TERMS DUE DATE 09/04/00 to 10/01/00 r DESCRIPTION Tolls ~, Meals Mileage Net30 Subtotal Charges for This Task 10/31/00 QTY PROJECT CUSTOMER'S P.O. # 00171* 1517 RATE 3.85 , 49.21 230 0.39 AMOUNT 3.85 49.21 89.70 5,130.26 Total $85,916.83 5 6 1 W e s t C h o c o l a t e A v ePang~3e H e r s h e y , PA I 7 0 voice: (717) 533-8600 fax: (717) 533-8605 · e-mail: info@arm-pa.C ARM Group Inc. Earth Resource Engineers and Consultants BiLL TO WSl Cumberland County Landfill WSI Altoona Hauling inc. Natalie Graham P.O. Box 136 Hopewell, PA 16650 Invoice DATE INVOICE NO. 10/29/00 982253 REMIT TO ARM Group Inc. 561 West Chocolate Avenue Hershey, PA 17033 PERIOD TERMS DUE DATE PROJECT CUSTOMER'S P.O. # 10/02/00 to 10/29/00 Net 30 11/28/00 00171* DESCRIPTION QTY RATE Cumberland County Landfill 1517 AMOUNT Task 5 -Newton Pad N I QA Activities S. DeCock, Word Processor M. Foerster, Project Eng. Geologist M. Guy, Project Engineer i W. Neidigh, Staff Sc entist J. Warnick, Staff' Engineer B. Diacont, Project Geologist W. Tafuto, Engineering Manager J. Pease, Project Manager Field Supplies Meals Tolls $&L Testing Mid Atlantic Testing Mileage Trailer Rental (per week) Troxler Nuclear Gange Rental (per week) Generator Rental (per week) 1.25[ 2991 287.51 33[ 90.5i 5981 4~ 35.00 65.00 68.00 60.00 65.00 68,00 95.00 85.00 7,560.32 622.59 1.16 1,851.50 293.25 0.39 75.00 260.00 180.00 43.75 19,435.00 19,550.00 1,980.00 5,882.50 34.00 760.00 42.50 7,560.32 622.59 1.16 1,851.50 293.25 233.22 300.00 1,040.00 720.00 Subtotal Charges for This Task 60,349.79 Total 5 6 1 W e s t C h o c o l a t e A v ePar~eule * H e r s h e y , P A 1 7 0 voice: (717) 533-8600 · fax: (717) 533-8605 · e-mail: info@arm-pa.C ARM Group Inc. Earth Resource Engineers and Consultants BILL TO WS[ Cumberland County Landfill WSI Altoona Hauling Inc. Natalie Graham P.O. Box t36 Hopewell, PA 16650 Invoice DATE INVOICE NO. 10/29/00 982253 REMIT TO ' :Ef,.Tq' ................................... 561 West Chocolate Avenue Hershey, PA 17033 PERIOD' TERMS DUE DATE PROJECT CUSTOMER'S P.O. # 10/02/00 to 10/29/00 Net 30 11/28/00 0017t* 1517 DESCRIPTION QTY RATE AMOUNT Task 6 - Leachate Treatment Plant W. Neidigh, Staff Scientist D. Wilson, Project Scientist Field Supplies Subtotal Charges for This Task 180 60.00 10,800.00 0.5 60.00 30.00 1,421.92 1,421.92 12,251.92 Task 7 - Soft Spot - Groundwater Issue M. Guy, Project Engineer 34 68.00 2,312.00 ! W. Taft, to, Engineering Manager 32.5 95.00 3,087.50 IN. Wehler, Senior Project Manager 34 95.00 3,230.00 i~D. Wilson, Project Scientist 0.5 60.00 30.00 i Meals : 25.30 25.30 I Tolls 1.93 1.93 3M eage 115 0.39 44.85 Subtotal Charges for This Task 8,731.58 ',Total $81,333.29 Page 2 561 West Chocolate Avenue · Hershey, PA 1702 voice: (717) 533-8600 fax: (717) 533-8605 e-mail: info@arm-pa. Cl ARM Group Inc. Earth Resource Engineers and Consultants DATE 11/15/00 Invoice iNVOICE NO. INTEREST BILL TO WS[ Cumberland County Landfill [ WSI Altoona Hau ng Inc. [Natalie Graham P.O. Box 136 Hopewell, PA 16650 PERIOD 11/15/00 TERMS Due on receipt DESCRIPTION Interest on outstanding balance of $167,250.12 DUE DATE REMIT TO ARM Group Inc. 1129 West Governor Road P.O. Box 797 Hershey, PA 17033-0797 1 l/l 5/00 QTY PROJECT 00lTl* RATE 1,288.75 CUSTOMER'S P.O. # 1517 AMOUNT 1,288.75 Total $1,288.75 1129 West Governor Road · P.O. Box 797 ° Hershey, PA 17033-079 voice: (717) 533-8600 · fax: (717) 533-8605 · e-mail: info@armgroup.ne ARM Group Inc. Earth Resource Engineers and Consultants Invoice BILL TO WSI Cumberland County Landfill , WS[ Altoona Hauling Inc. {Natalie Graham } P.O. Box 136 iHopewell, PA 16650 PERIOD 10130/00 to 12/03/00 DESCRiPTiON Task 5 - Newton Pad Hi QA Activities TERMS Net30 M. Foerster, Project Eng. Geologist M. Guy, Project Engineer W. Neidigh, Staff Scientist W. Tafuto, Engineering Manager J. Pease, Project Manager R. Kitchen, Senior Engineering Technician K. Albert, Word Processor S. DeCock, Word Processor D. Wilson, Word Processor K. Gerber, CQA Inspector Field Supplies Supplies Meals J&L Testing Cumberland Geotechn|cal Consultants Mid Atlantic Testing Copy Expense Mileage Pickup Truck Rental (per day) Trailer Rental (per week) DUE DATE 1/2/01 REMIT TO ARM Group Inc, 1129 West Governor Road P.O. Box 797 Hershey, PA 17033-0797 PROJECT 00171* QTY RATE 111.5 202.75 2 35.5 4.5 6.5 4 2 4.5 55 747 3 5 DATE I INVOICE NO. 12/3/00 I 982319 Subtotal Charges for This Task CUSTOMER'S P.O. # 1517 AMOUNT 65.00 7,247.50 68.00 13,787.00 58.00 116.00 95.00 3,372.50 85.00 382.50 60.00 390.00 35.00 140.00 35.00 70.00 35.00 157.50 58.00 3,190.00 3,566.50 3,566.50 486.94 486.94 35.51 35.51 333.50 333.50 4,387.25 4,387.25 701.50 701.50 1,645.31 1,645.31 0.39 291.33 50.00 150.00 75.00 375.00 40,825.84 Total 1129 West Governor Road · P.O.Pa{l~i~x 797 · Hershey, PA 17033-079 voice: (717) 533-8600 · fax: (717) 533-8605 · e-mail: info@armgroup.ne ARM Group Inc. Earth Resource Engineers and Consultants DATE 12/3/00 BILL TO WS[ Cumberland County Landfill WSI Altoona Hauling Natahe Graham P.O. Box 136 Hopewell, PA 16650 REMIT TO ARM Group Inc. 1129 West Governor Road P.O. Box 797 Hershey, PA 17033-0797 I'nvoice INVOICE NO. 982319 PERIOD 10/30/00 to 12/03/00 DESCRIPTION Task 6 - Leachate Treatment Plant ! W. Neidigh, Staff Scientist Field Supplies Meals Subtotal Charges for This Task TERMS Net30 DUE DATE j QTY PROJECT 00ITl* 213 RATE CUSTOMER'S P.O. # 1517 AMOUNT 58.00 12,354.00 3,656.26 3,656.26 119.56 119.56 16,129.82 Task 7 - Soft Spot/Groundwater Issue N. Wehler, Senior Project Manager Subtotal Charges for This Task 1 95.00 95.00 95,00 Task 8 - Diversion Culvert W. Neidigh, Staff Scientist Subtotal Charges for This Task 4 58.00 232.00 232.00 Total $57,282.66 1129 West Governor Road " P.o.Pag~,2ox 797 · Hershey, PA 17033-07{3 voice: (717) 533-8600 · fax: (717) 533-8605 ° e-mail: info@armgroup.n, ARM Group Inc. Earth Resource Engineers and Consultants DATE 12/15/00 [ BILL TO '1WSI Cumberland County Landfill ] WSI Altoona Hauling Inc. i Natalie Graham [P.O. Box 136 !~Hopewell, PA 16650 PERIOD 12/15/00 TERMS Due on receipt DESCRIPTION Interest on outstanding balance of $225,821.53 DUE DATE REMIT TO ARM Group Inc. 1129 West Governor Road P.O. Box 797 Hershey, PA 17033-0797 PROJECT 12/15/00 00171* QTY RATE 2,528.08 Invoice INVOICE NO. INTEREST CUSTOMER'S P.O. # 1517 AMOUNT 2,528.08 Total $2,528.08 1129 West Governor Road · P.O. Box 797 · Hershey, PA 17033-079 voice: (717) 533~8600 · fax: (717) 533-8605 · e-mail: info@armgroup.n~ ARM Group Inc. Earth Resource Engineers and Consultants DATE 1/15/01 BILL TO WSI Cumberland County Landfill WSI Altoona Hauling [nc. Natalie Graham P.O. Box 136 Hopewell, PA 16650 PERIOD I TERMS 01/15/01 I Due on receipt DESCRIPTION Interest on outstanding balance of $228,349.6 l REMIT TO ARM Group Inc. 1129 West Governor Road P.O. Box 797 !Hershey, PA 17033-0797 I~ L _ DUE DATE PROJECT 1/15/01 00171* QTY RATE 3,425.24 I'nvoice INVOICE NO, INTEREST CUSTOMER'S P,O. # 1517 AMOUNT 3,425.24 Total $3,425.2, 1129 West Governor Road " P.O. Box 797 · Hershey, PA 17033-07 voice: (717) 533-8600 ,, fax: (717) 533-8605 " e-mail: info@armgroup.r ~ 0 ARM Group Inc. 1129 West Governor Road P.O. Box 797 Hershey, PA 17033 Claimant Waste Systems International, Inc. and Community Refuse Services, Inc. t/d/b/a Cumberland County Landfill 142 Vaughn Road Shippensburg, PA 17257 Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law Mechanic's Lien Claim No. 01-817 Civil Term ACCEPTANCE OF SERVICE I, A. Davis Whitesell, Esquire, hereby accept service ofboth the "Notice of Filing of Mechanic's Lien Claim" and the filed "Mechanic's Lien Claim" for the above captioned action on behalf of Waste Systems International, Inc. and Community Refuse Services, Inc., t/d/b/a Cumberland County Landfill, 142 Vaughn Road, Shippensburg, Pennsylvania 17257. I hereby certify that I am authorized to do so. A. Davis y~hitesell, Esquire Cohn & Kelakos, LLP 101 Arch Street Boston, MA 02110 Date ,2/,20101 ARM Group Inc. 1129 West Governor Road P.O. Box 797 Hershey, Pa 17033 Claimant Waste Systems International, and WSI Sandy Run Landfill, t/d/b/a WSI Sandy Run Landfill 995 Landfill Road Ropewell, PA 16650 Owner Inc. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law Mechanic's Lien Claim No. 01-817 Civil Term PRAECIPE To the Prothonotary= Please mark the above-captioned matter satisfied discontinued and issue a Certificate of Settlement. and Respectfully submitted, A. Mark Winter, Esquire 310 W. Chocolate Avenue Hershey, PA 17033 (717) 533-4868 ID #23178 Attorney for Claimant H