EXCAVATION & DISPOSAL OF PETROLEUM CONTAMINATION AT 902-927 CLEVELAND STREET - DIMMIT PROPERTY
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into as of the ~ day of May, 2000 (the
Effective Date), by and between CITY OF CLEARWATER, FLORIDA, a municipal
corporation, (Client), and DAMES & MOORE, INC. (Consultant).
WIT N E SSE T H:
WHEREAS, Client owns property located at 901-927 Cleveland Street, Clearwater,
Florida (the "Site"), in Pinellas County, including a former automotive repair and paint shop,
former automotive sales offices and showrooms, former automotive service centers, car wash
and body repair areas and former gasoline service station that Client is in the process of
selling;
WHEREAS, the Site has two (2) underground storage tanks (USTs), believed by the
Client to be 2,000-gallon capacity USTs, formerly used by a former gasoline station in the
1930's, of which the contents could not be readily ascertained but are assumed to have
contained gasoline and possibly diesel fuel;
WHEREAS, the Site has up to twenty (20) hydraulic car lift cylinders and associated
hydraulic fluid storage cylinders, wells or tanks (collectively, "Hydraulic Equipment");
WHEREAS, during the pre-closing environmental due diligence process, the City of
Clearwater undertook certain Phase I and Phase II environmental site assessment activities at
the Site, as documented in (1) the Phase I Environmental Site Assessment, Former Dimmitt
Chevrolet Property (Property B) 901-927 Cleveland Street, dated March 1999, prepared by IT
Corp. ("IT"); (2) the Phase II Environmental Site Assessment Property A and B, dated June 2,
1999, prepared by Dames & Moore; (3) the Supplemental Phase II Environmental Site
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Assessment, Property B, 901-927 Cleveland Street, dated September 13, 1999, prepared by
Dames & Moore; and (4) Supplemental Groundwater Assessment, Property B, 901-927
Cleveland Street, dated February 8, 2000, prepared by Dames & Moore (collectively, the
"Assessment Reports") which proportedly identifies the USTs and Hydraulic Equipment as
environmental issues of concern;
WHEREAS, Client desires to contract with qualified experts, licensed in the State of
Florida, to provide services associated with (1) the proper excavation, removal and disposal of
the two (2) USTs, associated vent, fill and other piping and/or pump(s), and Hydraulic
Equipment, and all associated residual liquid, sludge or solid materials at the Site, excavation,
proper onsite staging of any petroleum or hydraulic fluid impacted soils, if any, as determined
by Consultant; and (2) preparation of required closure and/or assessment reports associated
with such activities.
WHEREAS, Consultant represents that it possesses the knowledge, ability,
professional skills and qualifications to perform the services needed by Client and covenants to
carry out the terms of this Agreement in an expeditious, economical, and professional manner;
NOW, THEREFORE, Client and the Consultant agree as follows:
ARTICLE I - TERM OF AGREEMENT
This Agreement shall remain in effect for one (1) year from the Effective Date. At the
end of the year period the Agreement may be extended for a period of time upon mutual
agreement of the parties.
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ARTICLE II - SCOPE OF WORK
1. Consultant represents that it has examined the Site, and/or has conferred with
the Site representative listed in Article XIX hereunder before signing this Agreement and is
aware of:
(i) the readily apparent conditions under which the Work (as defined hereunder)
will be performed, including but not limited to, above-ground obstructions and
the character and nature of the Work; and
(ii) Applicable Law, as defined in Article XIII (3) hereunder, affecting the Work.
2. Consultant shall perform the following tasks as set forth in detail in Consultant's
letter proposal, dated May 3, 2000, and as attached hereto as Exhibit A and incorporated by
reference ("Work"), in strict compliance with Applicable Law. As part of the Work,
Consultant shall undertake the following:
Task I: Closure Assessment of the two (2) USTs.
(A): Any sludge/petroleum product/water in the USTs shall be properly removed from
the USTs, and associated vent or other piping and shall be stored in D.O.T. approved
55 gallon drums ("DOT drums"). Fill USTs with inert gas and remove the ends of the
USTs. Consultant, and Consultant's properly licensed tank removal contractor, will
arrange to properly dispose of any material from the USTs associated with the tank
closure and will provide written verification of disposal fate.
(B): Perform tank closure in accordance with Chapter 62-761, Florida Administrative
Code ("F.A.C. ") and Florida Department of Environmental Protection ("FDEP")
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guidance "Pollutant Storage Tank Closure Assessment Requirements," including proper
UST registration, where necessary.
(C): Such soil borings/samples as Consultant determines to be necessary will be
advanced in the immediate vicinity of each UST, together with any recommended
screening by an organic vapor analyzer COV A"), as set forth in Exhibit A. The results
of the screening will be included in the tank closure assessment report. If determined
necessary by Consultant, one temporary well will be installed in an area where greatest
impacts are determined by the soil borings. Soil screening will be performed in the
excavated area at two-foot intervals with an OV A. Groundwater samples will be
collected from the temporary well at the UST location and analyzed for applicable EP A
methodologies, including without limitation, Kerosene Analytical Group, under Chapter
62-770, F.A.C., including total lead (filtered and unfiltered).
Task 2. Removal of Hydraulic Equipment and assessment of the Site associated with
Hydraulic Equipment environmental impacts, if any, as set forth in Exhibit A.
3. Consultant shall consult with Client's attorney prior to preparing any written
report for either Task 1 or Task 2 and shall submit a draft report to Client's attorney for
comment and review. The Consultant shall be responsible for the adequacy, accuracy and
sufficiency of any design drawings, surveys or specifications which they have or will develop.
At the completion of the Scope of Work, Consultant shall generate both a UST closure
assessment report (TCR) and a Hydraulic Equipment disposal and assessment report (HEAR)
that shall both include analytical and investigatory results of such work, as applicable. The
final TCR and HEAR shall be signed and sealed by a professional engineer or professional
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geologist and shall be certified to Client. Consultant shall also provide Client with the
appropriate original notices or certificates of disposal ("Certificates") from the appropriate
disposal facility(ies) for all excessively impacted soils, Disposal Materials (as defined in
Article IV(3)), USTs and/or Hydraulic Equipment, as applicable.
4. Consultant acknowledges that time is of the essence in performing all the work
under this Agreement and therefore shall complete this investigation as quickly as reasonably
possible, and in any event no later than
,2000.
ARTICLE III - INDEPENDENT CONSULTANT
Notwithstanding that the Consultant shall carry out the work covered by this Agreement
under the supervision of Client's attorneys, Consultant is an independent professional
contractor, shall perform this Agreement as such, and therefore shall have and maintain
complete control over all of its employees, agents, and operations. Neither Consultant nor
anyone employed by it shall represent, act, purport to act, or be deemed to be the agent,
representative, employee, or servant of Client.
ARTICLE IV - COMPENSATION
1. Fees payable to Consultant for the professional services described in Exhibit A
and Article II shall be equal to the number of hours actually expended directly on the project
by individuals multiplied by the hourly rate for those individuals, plus reimbursable expenses,
as defined below. The hourly rates in effect with Consultant are shown in Table 1 attached to
Exhibit A. The rates include all direct and indirect costs except reimbursable expenses as
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defined below. Indirect costs include such items as overhead, profit, and such statutory and
customary fringe benefits as social security contributions, sick leave, unemployment, excise
and payroll taxes, workers' compensation, health and retirement benefits, bonuses, annual
leave, and holiday pay.
2. Reimbursable expenses shall mean the actual expenses of Consultant in the
administration of this Agreement, including transportation and subsistence of principals and
employees, consultants' fees, subcontractors' fees, toll telephone calls and telegrams,
reproduction of reports, laboratory use fees, and similar project-related items, plus an
administrative surcharge of five (5 %) percent. All other project expenses shall be billed in
accordance with Consultant's fee schedules for equipment costs, field chemical analyses, and
decontamination supplies, as set forth in Section 6 of Exhibit A.
3. The maximum costs for fees and reimbursable expenses described in this
subsection for the work described in Article II(2)-(3) and Exhibit A is ninety-four thousand one
hundred thirty-three and no cents $94,133.00 ("Base Bid").
(i) The Base Bid tasks include all of the following items: excavation and staging of
any and all surface materials (including any asphalt/concrete) on the Site; the removal of any
vent lines or associated piping, preparation of a TCR in accordance with the requirements of
Chapter 62-761, F.A.C., and all notifications and/or permits necessary to comply with
Applicable Law; excavation, staging, transport and properly disposal of USTs or Hydraulic
Equipment located at the Site (disposal of the USTs and Hydraulic Equipment shall be
performed in accordance with all Applicable Laws; vent pipes and other piping attached to the
USTs or Hydraulic Equipment shall be also removed and properly disposed); Consultant shall
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ensure and warrant that all the USTs and Hydraulic Equipment are empty prior to removal
from the Site. Any used oil/sludge/petroleum product/water/hydraulic fluid ("Disposal
Materials") in the USTs or Hydraulic Equipment shall be properly removed from the USTs or
Hydraulic Equipment at the Site and shall be stored in DOT drums. Consultant shall transport
and properly dispose of any Disposal Materials removed from the USTs or Hydraulic
Equipment in accordance with all Applicable Laws. Consultant shall provide Client with
copies of all applicable permits and licenses held by the disposal site and a copy of the
appropriate disposal site's insurance certificate issued to Consultant, naming Consultant as an
additional insured. Consultant shall also properly remove any excessively contaminated soil
from the excavation area and stage said soil on Site on polyethylene film ("Visqueen").
Consultant shall provide the required quantity of Visqueen at Consultant's own cost. Client
hereby grants, transfers, assigns to Consultant and Consultant hereby accepts all of Client's
right, title and interest in and to all the USTs and Hydraulic Equipment, f.o.b. Orlando,
Florida.
(ii) Additional charges will be added to the Base Bid at the following rates: If there
is petroleum product/water in the USTs prior to excavation or removal of USTs, Consultant
will pump out and dispose of said liquids at unit rates provided in the Bid Schedule of Exhibit
A. If used oil/sludge is removed from any of the USTs, Consultant will pump the used
oil/sludge out and properly dispose of such non-hazardous sludge product at a unit rates
provided in the Bid Schedule of Exhibit A. Any Disposal Materials removed from the USTs
or Hydraulic Equipment will be stored in DOT drums, supplied by Consultant at the unit cost
provided in the Bid Schedule of Exhibit A. The laboratory Consultant's subcontracts with to
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unfavorable weather conditions, strikes, floods, or fires which extend the effort required.
Additional effort resulting from such delays will be billed in accordance with Article IV (and
invoiced in accordance with Article V), upon prior notice to, and written approval by Client,
in accordance with the procedures and requirements of Article IV, Paragraph 5.
5. Services performed at Client's request beyond those defined in Exhibit A shall
constitute a change-of-scope, will be documented by a change order, and will be billed as
outlined above. Upon approval of the change order, such additional work shall be carried out
in accordance with all of the terms and conditions set forth in this Agreement.
ARTICLE V - INVOICING AND METHOD OF PAYMENT
Upon completing the final report on the preliminary contamination assessment,
Consultant shall invoice Client for all services rendered under this Agreement. The original
invoice for Client and one (1) copy of it shall be submitted to Client, attention of Mr. Miles
Ballogg, City of Clearwater, 112 South Osceola Avenue, Clearwater, Florida 33758 with a
copy submitted to the attention of William L. Pence, Esquire, Akerman, Senterfitt & Eidson,
P.A., 255 South Orange Avenue, 17th Floor, Orlando, Florida 32801.
The invoice shall be due and payable within thirty (30) calendar days after receipt by
Client. Client shall notify Consultant in writing of any amount disputed by Client within thirty
(30) calendar days after receipt of invoice; otherwise, it shall be deemed that Client considers
all invoice charges acceptable and correct.
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Consultant's invoice shall provide the following information:
1. Description of services and expenses rendered in a format identifying specific
program tasks and expenses and identifying accomplishment of specific Work
tasks.
2. Total labor costs as defined in Article IV.
3. A listing of other reimbursable expenses as defined in Article IV, itemized by
type of charge.
4. A statement comparing the total fees and expenses billed up to and including the
date of the invoice to the maximum costs authorized by Article IV.
5. Copies of all subcontractor invoices and any other supporting documentation.
Client shall have the right, at Client's own expense, to audit Consultant's books and
records relating to this Agreement during the performance period and for one (1) year
following termination of the Agreement. Any such audits may be carried out at reasonable
intervals and shall be accomplished during normal business hours. Consultant shall not charge
Client any additional fee for providing Client with access to such records during said audit.
ARTICLE VI -TIME FOR COMPLETION
Consultant shall commence the Work within three weeks of receipt of written
authorization to proceed ("Commencement Date"), and shall complete each Task in
accordance with that certain schedule, set forth in a separate written authorization to proceed
with the Work under this Agreement, which written authorization shall be attached to and
incorporated into Exhibit A. Any change-of-scope as defined in Article IV may extend the
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time for completion as may be agreed to by Client and Consultant in the change order.
Consultant further acknowledges that time is of the essence in the performance of this Work.
Because time is of the essence, except for delays resulting from unforeseen circumstances
beyond the control of Consultant, for each day that Consultant exceeds the deadlines set forth
herein, the total project cost for this Work shall be reduced by the sum of $250.00.
2. (A) Four weeks after completion of the UST removal and disposal of materials
stockpiled on site, Consultant shall deliver two (2) copies each of its draft TCR and HEAR;
one to Ms. Karma Killian, City of Clearwater, 100 South Myrtle Avenue, Suite 220,
Clearwater, Florida 33756-5520, and one to William L. Pence, Esquire, Akerman, Senterfitt
& Eidson, P.A., 255 South Orange Avenue, 17th Floor, Orlando, Florida 32801. Four (4)
signed and sealed originals of the TCR and HEAR shall be delivered to Client, to the attention
of Client's counsel, William L. Pence, Esquire, within three (3) days from Consultant's
receipt of Client's comments to the draft reports. Any change-of-scope as defined in Article
IV may extend the time for completion as may be agreed to by Client and Consultant in the
change order.
3. Consultant acknowledges that Client is in the process of selling the Site.
Consultant shall coordinate its work under this Agreement with Client's representative so as to
avoid or minimize any interference with the sale process, by providing advanced notice of
Consultant's activities before entering upon the Site to implement any phase of the work under
this Agreement, and by scheduling and conducting the work appropriately.
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ARTICLE VII - CONFIDENTIAL INFORMATION
1. It is understood that all services to be performed by Consultant pursuant to this
Agreement and all written and oral surveys, data, reports, recommendations, or other
documents or information generated by Consultant or received from Client in performance of
this Agreement are confidential and Consultant shall prevent disclosure of such materials
except to the Client and parties designated by Client to receive such information. Consultant
shall not use any information (so required to be treated as confidential) for any purpose except
in furtherance of Consultant's obligations under this Agreement. Should Consultant be
requested to disclose such materials by any person, whether by court process or otherwise, it
shall promptly notify Client.
2. Should the Consultant receive any trade or business secrets of Client, it shall
treat such information as confidential and shall not disclose same to any person. Should
Consultant be requested to disclose any such trade or business secrets by any person, whether
by court process or otherwise, it shall promptly notify Client.
3. Should Client receive any trade or business secrets of Consultant or techniques
and procedures of Consultant which Consultant designates as confidential, it shall treat such
materials as confidential and shall prevent their disclosure. Should Client be requested to
disclose such material by any person, whether by court process or otherwise, it shall promptly
notify Consultant who shall be responsible for protecting the confidentiality of such materials
in the manner that Consultant deems appropriate.
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4. Consultant shall not name or otherwise identify or refer to Client as a
representative client for any purposes without first obtaining the written consent of Client.
5. Title to all notes, memoranda, plans, drawings, specifications, designs,
sketches, models, programs, software, reports, and other tangible documents produced by
Consultant pursuant to this Agreement shall be and remain the sole and exclusive property of
Client. Consultant may retain copies of the above work product.
6. The terms and conditions of this Article shall survive the termination of this
Agreement.
ARTICLE VIII - LIENS
Consultant shall promptly discharge its obligations to its laborers, materialmen,
subcontractors, and creditors and shall ensure that its subcontractors do likewise. In the event
that any subcontractor, materialman, or creditor of Consultant shall file a lien for payment of
services or material related to this Agreement, Client shall notify Consultant and Consultant
shall indemnify Client from and against any liability, claim, demand, damage, cost, and
expense, including attorneys' fees and litigation costs, provided the lien arises from services or
materials supplied pursuant to the performance of the Work under this Agreement by
Consultant or any of its subcontractors. The provisions of this Article shall survive any
termination or expiration of this Agreement, notwithstanding payment or settlement between
parties unless any such settlement is in writing and such writing explicitly refers to this Article.
Consultant shall certify payment of all subcontractors by execution of the Final Affidavit
attached as Exhibit B.
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ARTICLE IX - CLEAN UP
At the completion of the Work, Consultant shall clear the Site and surrounding
premises of all debris, rubbish and any wastes associated with the work caused by Consultant's
operations hereunder, including without limitation, any solid or liquid and other investigative
derived wastes that are generated or otherwise associated with the installation of any
groundwater wells or soil borings required under this Agreement or by Applicable Law.
Consultant shall be responsible for the proper treatment storage and disposal of such debris,
rubbish or wastes. It is understood that concrete, asphalt and other surface material, or
materials removed to gain access to the USTs and Hydraulic Equipment and to remove
contaminated soils will be left on site and will be disposed of by the demolition contractor.
Removal and disposal of these materials are not included as part of this agreement.
ARTICLE X - TERMINATION
1. Client reserves the right to terminate this Agreement at any time, for any
reason, upon ten (10) days' written notice to Consultant. If Client fails to make timely
payment of any sum owed to Consultant, Consultant shall have the right, notwithstanding any
other provision of this Agreement, to terminate this Agreement upon thirty (30) days' written
notice to Client. In either event, payment shall be due to Consultant only for those services
performed by Consultant up to the date of receipt of written notice of termination. Upon
termination, Consultant shall, upon payment by Client of any sum owing and due, provide and
turn over to Client all environmental data, analyses, drawings and reports prepared up to and
including the date of such termination.
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2. Each of the following events shall constitute a default by Consultant for
purposes of this section: (a) commencement of proceedings by or against Consultant under any
law relating to bankruptcy or insolvency; (b) refusal or failure of Consultant to comply with
Applicable Law, or orders of any public authority having jurisdiction over Consultant which
affects performance of the Work under this Agreement; and (c) failure by Consultant to
materially comply with any of the terms or conditions of this Agreement. Within a reasonable
time after Client has knowledge of the affective cause for termination, Client shall notify
Consultant in writing of said cause and Consultant shall have up to seven (7) days thereafter
within which to cure such default, providing Consultant is able to cure the default and
complete the Work within the time prescribed. In the event Consultant refuses or is unable to
cure said default within said time period, Client shall have the right to terminate this
Agreement forthwith. Consultant shall promptly assign to Client or a designee of Client such
contracts and purchase orders as Client shall request to be assigned in connection with the
Work. Upon any termination hereunder, Consultant shall be entitled to payment for the Work
performed prior to termination as provided below. Upon completion of the Work or at such
time as Client elects not to complete the Work, Client shall pay to Consultant the amount by
which sums due to Consultant at the time of termination for Work theretofore performed
exceeds the loss and damage of Client directly attributable to the default. In the event that the
loss and damage to Client directly attributable to the default exceeds the amount due to
Consultant provided for herein, Consultant shall be liable to Client in the amount of such
excess and shall promptly pay such amount upon demand, provided such costs to complete the
Work are reasonable under the circumstances.
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ARTICLE XI - INSURANCE
Consultant shall, at its sole cost and expense, at all times during this Agreement,
maintain such insurance as will protect it from claims under workers' compensation laws,
disability benefit laws or other similar employee benefit laws; from claims for damage because
of bodily injury, occupational sickness or disease, or death of its employees, and claims
insured by usual personal injury liability coverage; from claims for damages because of bodily
injury, sickness or disease, or death of any person other than its employees including claims
insured by usual personal injury liability coverage; and from claims for injury to or destruction
of property, including loss of use resulting therefrom -- any or all of which may arise out of or
result from any action of Consultant, its employees or its subcontractors in its performance of
this Agreement. Throughout the term of this Agreement, Consultant shall maintain liability
insurance coverage for property damage, bodily injury, contractual liability, and personal
injury in an amount of at least $1,000,000.00 combined single limit and professional liability
insurance coverage in an amount of at least $1,000,000.00 per loss.
All such insurance required hereunder shall be with companies and on forms acceptable
to the Client, which identify Client as additional named insured and shall provide that the
coverage thereunder may not be reduced or canceled unless thirty (30) days prior written
notice is furnished to Client. Consultant shall furnish Client with Certificates of Insurance at
the time of execution of this Agreement by Consultant. Client's failure to receive the
Certificates of Insurance prior to performance of work by Consultant shall not be deemed a
waiver of Consultant's obligations to procure and maintain the insurance specified herein.
Receipt and acceptance of the Certificates of Insurance or other similar document does not
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constitute acceptance or approval of amounts or types of insurance which may be less than
required by this article.
ARTICLE XII - TAXES
Unless otherwise noted herein, all prices and rates include all applicable taxes.
Consultant shall pay, when due, all local, state, and federal taxes applicable to the performance
of the work under this Agreement.
ARTICLE XIII - REPRESENTATIONS. WARRANTY AND LIABILITY
1. Consultant warrants that its services under this Agreement shall be performed in
a thorough, efficient, and workmanlike manner, promptly and with due diligence and care, and
in accordance with that standard of care and skill ordinarily exercised by members of the
profession doing similar work.
2. Consultant represents that it has received, reviewed and is otherwise familiar
with the Assessment Reports associated with the Site.
3. Consultant represents and warrants that all serVIces performed under this
Agreement shall be in full compliance with all applicable federal, state and local statutes, laws,
rules, regulations, codes, orders, plans, injunctions, decrees, rulings or ordinances, or judicial
or administrative interpretations thereof, whether currently in existence or hereafter amended,
enacted or promulgated, including without limitation, the Occupational Safety and Health Act
("OSHA"), 40 Code of Federal Regulations Part 280, Subpart G, Chapter 62-761, F.A.C. and
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Florida Department of Environmental Protection ("FDEP") guidance "Pollutant Storage Tank
Closure Assessment Requirements." (collectively, the "Applicable Law").
4. Consultant shall have an approved Comprehensive Quality Assurance Plan
("ComQAP") on file with the Department which shall apply to all sampling and analysis
undertaken pursuant to and in accordance with this Agreement. The ComQAP shall have been
prepared in accordance with the requirements set forth in Chapter 62-160, F. A. C., as amended
from time to time. All Work shall be done in accordance with the FDEP-approved ComQAP.
5. Any laboratories Consultant subcontracts with to perform services related to this
Agreement shall be appropriately certified under Applicable Law. Consultant shall ensure that
all chemical analyses undertaken pursuant to and in accordance with this Agreement shall be
conducted consistent with all applicable rules, regulations, guidelines and specifications
relating to quality assurance and quality control. If re-sampling is required because of invalid
data, Consultant shall perform or arrange for re-sampling at no cost to Client. Client may
require re-analysis of all parameters for the sample(s) of concern.
6. Consultant agrees to indemnify, save harmless and defend Client, its officers,
directors, shareholders, partners, employees, agents and assigns from and against any and all
liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereto
(including costs of defense, settlement and reasonable attorneys' fees), which Client, or its
officers, directors, shareholders, partners, employees, agents and assigns may hereafter incur,
become responsible for or payout as a result of death or bodily injuries to any person,
destruction or damage to any property, contamination of or adverse effects on the environment,
or any violation of Applicable Law, caused by (i) Consultant's breach of any term or provision
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of this Agreement; or, (ii) any negligent or willful act or omISSIOn of Consultant, any
subcontractor, and their respective officers, directors, employees or agents in the performance
of this Agreement. The terms and provisions of this indemnification paragraph shall survive
the termination of this Agreement.
7. Consultant further represents and warrants that Consultant and its agents,
employees, contractors and subcontractors are authorized, licensed and permitted under
Applicable Law to perform Consultant's obligations under this Agreement, including without
limitation, the labeling, manifesting, handling, transporting, treating and disposing of all
excessively impacted soils, Disposal Materials, USTs and Hydraulic Equipment, and, in the
event Consultant, contractor, subcontractor or any of them loses its license or permitted status
or is otherwise in violation of any Applicable Law, hereafter during the term of this
Agreement, Consultant shall promptly notify Client in writing. Consultant shall timely file all
required notices with all appropriate government regulatory agencies and shall obtain all
permits, licenses and/or approvals required by Applicable Law to complete said Work.
8. Consultant shall require any subcontractor performing Work at the Site to carry,
and to name, Client as an additional insured on insurance policies having the same coverage
and limitations as those described in Article XI of this Agreement and to indemnify the Client
to the same extent as set forth by Section XIII (6) of this Agreement, provided however, that
such indemnity shall be limited to those Claims arising from or associated with that portion of
the Work covered by the applicable subcontract.
9. Consultant shall be fully responsible to the Client for the acts of all
subcontractors and of persons directly or indirectly employed by the subcontractors to the same
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extent as for any negligent or willful act or omission of Consultant, its employees, agents,
contractors or subcontractors or their respective officers, directors, employees or agents, in the
performance of this Agreement.
10. Consultant represents that it has, or will secure at its own expense, all personnel
required in its performance of the services described in this Agreement. Consultant shall be
responsible for supervision and direction of the performance of services by Consultant's
employees and the services of any approved subcontractor. Client reserves the right to review
the qualifications of any individuals assigned by Consultant to carry out the Work and the right
to reject those which are not in the Client's reasonable opinion qualified. This in no way
relieves Consultant of the obligation to select and assign qualified personnel to provide these
services or of the liability incurred therefrom.
ARTICLE XIV -PERMITS
1. Consultant warrants that it has, or will secure by the time the Work commences,
all notices, permits or approvals which are required for the Work to be performed hereunder,
and shall timely file all required notices with the appropriate governmental regulatory
agencies/departments. Consultant shall furnish to Client, upon request, copies of all such
notices, permits and approvals. Consultant shall give Client oral notice, followed with written
notice, of the modification, revocation, or cancellation of, or decision not to renew, any permit
or approval necessary for the work to be performed. Client shall be responsible for providing
to Consultant all required construction drawings, designs or plans required for permitting the
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Work. Client shall also be responsible for filing the appropriate notices of commencement
required under Chapter 713, Florida Statutes.
2. Except as otherwise provided herein, if any change occurs with respect to any
Applicable Laws associated with the rights or obligations contained in this Agreement, either
party shall have the option to immediately terminate this Agreement or to have the terms of
this Agreement renegotiated to bring this Agreement and the respective obligations or rights of
the parties into compliance with such change or changes.
ARTICLE XV -PROHIBITION OF TRANSFER
Consultant shall not sell or transfer any USTs, Hydraulic Equipment, excessively
impacted soils or Disposal Material covered under this Agreement, except as provided for
herein.
ARTICLE XVI -HEALTH AND SAFETY PLAN
Consultant shall prepare a Health and Safety Plan in accordance with the requirements
of Applicable Law, which shall be submitted to Client before commencement of the Work.
The attached Exhibit C is a list of issues to be addressed in the Health and Safety Plan
("Plan"), as applicable, which Plan shall be delivered to Client not less than ten (10) business
days prior to the commencement of the Work. The list is merely advisory and is not intended
to provide a complete statement of safety-related issues. Consultant shall comply with, and
instruct and cause its employees, subcontractors, and their respective employees, to comply
with any and all safety equipment requirements needed in order to safely perform the Work.
0R27781l;1
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Consultant shall immediately report to Client the occurrence and cause of any death, disease,
or injury at the Site believed to be related to the Work. Consultant shall arrange for first aid
treatment for job-incurred injuries in accordance with the requirements of its worker's Plan or
this section and the action to be taken. Consultant shall (immediately, if so directed, otherwise
in not more than forty-eight (48) hours after receipt of such notice) make all reasonable efforts
to correct the existing conditions which were associated with or contributed any of the
aforementioned death, disease, or injury at the Site believed to be related to the Work. If
Consultant fails to do so, Client may stop all or any part of the Work hereunder. When
satisfactory corrective action is taken by Consultant, a start order will be issued by Client. No
part of the time lost due to any such Work stoppage shall be made the subject for claim for
extension of time or for additional costs or damages by Consultant.
ARTICLE XVII -INSPECTIONS
Client or its representatives shall have the right to inspect and obtain copies of all
written licenses, permits, or approvals issued by any governmental entity or agency to
Consultant, or its contractors or subcontractors, which are applicable to the performance of the
Work under this Agreement; to inspect and test, at its own expense, transportation vehicles or
vessels, containers, or disposal facilities provided by Consultant; and to inspect the handling,
loading, transportation, storage or disposal operations conducted by Consultant in the
performance of this Agreement. Notwithstanding the foregoing, nothing contained herein or
elsewhere in this Agreement shall require Consultant to disclose to Client or permit Client to
examine proprietary or confidential information of Consultant.
0R27781l;1
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ARTICLE XVIII - CONFLICT OF INTEREST
Consultant shall accept no employment for its services that would conflict with its
representations of Client pursuant to the terms of this Agreement.
ARTICLE XIX - NOTICE
Any Notice to be given under this Agreement shall be in writing and delivered to
address of the respective party listed below:
To Client: Miles Ballogg
CITY OF CLEARWATER
112 South Osceola Avenue
Clearwater, Florida 33758-4748
Tel: (727) 562-4023
Fax: (727) 562-4037
with a copy to:
William L. Pence, Esq.
AKERMAN SENTERFITT & EIDSON, P.A.
P.O. BOX 231
Orlando, Florida 32802-0231
Tel. (407) 843-7860
Fax (407) 843-6610
To Consultant:
Mr. Edwin W. Siersema, Jr., P.G.
DAMES & MOORE, INC.
One North Dale Mabry, Suite 700
Tampa Florida 33609
Tel. (813) 875-1115
Fax (813) 874-7424
OR27781l;!
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ARTICLE XX - AGENCY CONTACTS
Consultant shall not contact, negotiate or otherwise confer with the United States
Environmental Protection Agency, State of Florida Department of Environmental Protection,
or local environmental agency personnel regarding its services to be performed pursuant to this
Agreement without first providing advance notice to Client and receiving approval from Client
for such activity.
ARTICLE XXI - DISPUTES
In connection with any legal proceeding brought to enforce the terms and conditions of
this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party
all costs, expenses and reasonable attorneys' and paralegals' fees incurred by the prevailing
party in such proceedings, including all costs, expenses, and reasonable attorneys' and
paralegals' fees incurred on appeal, in administrative proceedings, or in any arbitration.
ARTICLE XXII - GOVERNING LAW
All parties agree that this Agreement and the contents thereof are to be interpreted and
enforced pursuant to the laws of the State of Florida. Any action at law, suit in equity, or
judicial proceeding for the enforcement of this Agreement or any provision hereof shall be
instituted and maintained only in the courts of the County of Pinellas, State of Florida, and
Consultant hereby consents to the jurisdiction of said courts.
OR277811;1
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ARTICLE XXIII - ENTIRE AGREEMENT
This Agreement supersedes any and all oral or written agreements and understandings
heretofore made relating to the subject matter hereof and contains the entire agreement of the
parties relating to the subject matter hereof. Consultant acknowledges and agrees that the
terms and conditions of the Agreement, including without limitation, any warranty and/or
indemnity provisions, shall in no way be modified, amended or replaced by any conflicting,
limiting or contradictory provisions enunciated in any preprinted terms or condition, proposal,
report, purchase order, work order, invoice or other document generated by the Consultant for
the Client associated with the Site. Client's failure to object to such conflicting, limiting
and/or contradictory language shall not be deemed a waiver of Consultant's obligations under
the express terms and conditions set forth in this Agreement. Receipt and acceptance of any
preprinted terms or condition, proposal, report, purchase order, work order, invoice or other
documentation associated with the Agreement, including without limitation, any warranty
and/or indemnity provisions, shall not constitute acceptance or approval of any terms or
conditions which may conflict, limit or contradict the express terms and conditions of this
Agreement, even if such documents are signed by representatives of both parties.
[REST OF PAGE LEFT INTENTIONALLY BLANK]
0R277811;1
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on their behalf by their respective representatives, each such representative having been
first duly authorized so to act, as of the Effective Date hereinabove written.
DAMES & MOORE, INC.
BY:~
NAME: Edwin. lersema, Jr., P.G.
TITLE: Associate, Manager Waste Management Group - Tampa
CITY OF CLEARWATER, FLORIDA
Countersigned: ~
BY: ~k.-f
NAME~ J. Aung
TITLE: Mayor-Commissioner
-By:J
NAME: Michael 1. Roberto
TITLE: City Manager
Approved as to form:
Attest:
By.~d
NAME: .. ohn Carassas
TITLE: Assistant City Attorney
DATE:
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May 16, 2000
One North Dale Mabry Highway
Suite 700
Tampa. Florida 33609
813 875 1115 Tel
813 8747424 Fax
EXHIBIT A
Mr. Miles Ballogg
City of Clearwater
Economic Development Team
112 South Osceola Avenue
Clearwater, Florida 33758-4748
Re: Proposal - Hydraulic Lift and Underground Storage Tank Removal
Property B - 901-927 Cleveland Street
Clearwater, Florida
Dear Mr. Ballogg:
1.0 INTRODUCTION
Dames & Moore is pleased to submit this proposal to the City of Clearwater for environmental
work to be performed at the above-referenced properties. Specifically, this proposal includes the
scope of work, schedule and estimated fee for the completion of the following:
. Removal and closure of the hydraulic lifts on Property B;
. Removal and/or closure of the underground storage tanks (UST's) on Property B;
. Removal of sediments/soils from two catch basins located with in the storage area; and
. Responding and completing activities outlined in the January 10, 2000 letter from the
Florida Department of Environmental Protection (FDEP) for Property B.
The FDEP has reviewed reports for Property A and B. The FDEP provided their comments to
the reports in correspondence dated January 10, 2000. The scope of work herein includes tasks
to respond to the FDEP comments for Property B only.
2.0 BACKGROUND
IT Corporation (IT) completed a Phase I Environmental Site Assessments (ESA) for Property A
and Property B in March 1999. Based on the IT reports, thirteen hydraulic lifts are present on
Property B. Six hydraulic lifts are located in the Honka Automotive area, six hydraulic lifts are
located in the Caseber furniture warehouse area and one hydraulic lift is located south of the auto
repair facility. In addition, there appears to be an underground hydraulic fluid storage tank
located next to the lift south of the auto repair facility. One former UST area is located along
the southern portion of Property B, east of Honka Automotive. No closure report was available
for this area.
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May 16, 2000
Page 2
Dames & Moore has prepared a Phase II ESA report dated June 2, 1999, for environmental work
on Property A and B, and a Supplemental Phase II ESA report dated September 13, 1999, for
environmental work on Property B. In addition, Dames & Moore recently completed a
Supplemental Groundwater Assessment on Property B. The report for the Supplemental
Groundwater Assessment will be forthcoming.
The northern portion of the Caseber Furniture Store was formerly the Packard gasoline station.
A surface geophysical survey identified two subsurface anomalies in the front showroom of
Caseber that appear to be steel UST's.
On January 25, 2000, Ed Siersema of Dames & Moore visited the site to observe the number of
hydraulic lift cylinders that were present. Some of the hydraulic lifts had one cylinder while
some of the lifts had two cylinders. The preliminary cost estimate is based on the number of
cylinders that were observed on the site, Property B. No hydraulic lifts or UST's were reported
by IT to be present on Property A.
In developing this proposal, Dames & Moore conducted a pre-bid meeting at the site on
March 24,2000. Seven contractors attended the meeting. Based on the scope of work,
equipment, schedule to complete the work and cost, Dames & Moore selected Prime Contractors,
Inc.
3.0 PROJECT APPROACH
This proposal assumes that the hydraulic lifts will be removed prior to site demolition and that
the two UST's will be removed following demolition of the northern portion of the Caseber
Furniture store showroom. To the extent possible, visibly contaminated soil will be removed and
stockpiled on site. Additional soil removal will be conducted by removing additional concrete
slab material, as needed. This can only be determined in the field. Visibly contaminated soils, if
any, generated during the removal of the hydraulic lifts and the UST's will be separately
stockpiled. Composite soil samples will be collected from the stockpiles and submitted to an
independent laboratory for non-virgin pre-burn analyses. The laboratory results will be used to
characterize the soils prior to removal from the site for thermal treatment.
This proposal assumes that all concrete debris generated during the removal of the hydraulic lifts
and the two UST's will be left on the site and will be disposed of by the site developer.
Therefore, the transportation and disposal of concrete debris is not included in this proposal.
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May 16,2000
Page 3
The quantities of contaminated soils, concrete and fluids that will be generated during this
project are unknown. Therefore, unit costs for labor, testing and disposal are provided in the Bid
Schedule, which is attached to the end of this proposal.
.4.0 WORK ACTIVITIES
4.1 PROJECT MANAGEMENTIPRE-BID MEETING
Dames & Moore will assemble the appropriate project team to conduct the scope of work
outlined herein. This task includes project management, which consists of project planning,
preparation and conducting a pre-bid meeting, contracting with the selected site contractor and
laboratory. In addition, as required by the State of Florida, Dames & Moore will contact the
local agency for underground utility clearance.
4.2 HYDRAULIC LIFT REMOVAL
This proposal includes the removal of 20 hydraulic lift cylinders and associated lines and tanks.
A hydraulic lift may be present in the service bay area of the former Packard gasoline station
located in the northeast portion of the Caseber showroom/office area. This proposal includes a
line item in the event that a second mobilization is required to remove this hydraulic lift, if
uncovered during demolition of the site.
The cylinders will be removed, drained and properly disposed. The lines will be drained and
capped. During the removal of the cylinders, soils that are visibly contaminated will be removed.
The quantity of soil to be removed, if any, is unknown. Unit rates are provided in the Bid
Schedule.
This preliminary cost estimate includes the analysis of up to 15 confirmation soil samples that
will be collected at each lift area following removal. The confirmation soil samples will be
analyzed for volatile organic compounds (VOCs) by EP A Method 8260, polynuclear aromatic
hydrocarbons (P AHs) by EP A Method 8310, PCBs by EP A Method 8082, and total recoverable
petroleum hydrocarbons (TRPH) by the FL-PRO method. (Note: the list of analytical parameters
for confirmation sampling is based on Comment #1 ofthe FDEP letter dated January 10,2000.)
Visibly contaminated soils will be stockpiled on site, covered with plastic and composite samples
will be collected. The composite samples will be submitted to a certified laboratory and
analyzed for non-virgin pre-bum parameters. This proposal assumes that three pre-bum analyses
will be performed. The cost estimate for soil disposal assumes that no PCBs are detected.
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Page 4
4.3 UST REMOVAL
The two UST's and associated piping, if any, located in the northern portion of the Caseber
Furniture store will be removed. This proposal assumes that the front portion of the building will
be removed prior to UST removal. The concrete removed for the tank excavation will be left on
site. Unit rates for the tank removal, concrete removal and soil excavation, if any, are included in
the Bid Schedule.
A state-certified contractor will remove the UST's. Dames & Moore will perform tank closure
activities in accordance with Chapter 62-761, Florida Administrative Code (F AC). A tank
closure report will be prepared and submitted to the local agencies.
Soils from the tank area will be surveyed using a Flame Ionization Detector (FID). Soils that are
visibly contaminated or yield hydrocarbon readings greater than 10 parts per million (ppm)
above the water table will be removed and stockpiled on site.
Soil samples will be collected from the sidewalls and bottom, if dry, of the excavation and
surveyed in the field with a FID. The soil sample with the highest FID reading will be submitted
for laboratory analysis. The sample will be analyzed for VOCs by EPA Method 8021, PAHs by
EPA Method 8310, and TRPH by the FL-PRO method. A groundwater sample will be collected
from the base of the excavation, either from standing water or from a temporary well installed in
the former tank pit, and analyzed for VOCs by EP A Method 8021 including MTBE, P AHs by
EP A Method 8310, TRPH by the FL- PRO method, and total and dissolved lead.
4.4 FORMER UST AREA CLOSURE
Tank closure forms and analytical data will be provided for the former UST area located east of
the Honka Automotive shop area. This information will be provided in the closure report
prepared for the tank removal as described in Section 4.3. The analytical results of the
groundwater sample collected in April 1999 will be used. Soil samples collected in April 1999
indicated that the highest FID reading was measured in soil sample SB-B6. A soil sample will
be collected in this area, above the water table and analyzed for VOCs by EP A Method 8021,
P AHs by EP A Method 8310, and TRPH by the FL- PRO method.
The existing pump island and vent pipes will be removed and staged on-site for disposal by the
demolition contractor. This preliminary cost estimate does not include the removal and disposal
of soils from this former UST area.
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Page 5
. FLOOR DRAIN SEDIMENT/SOIL REMOVAL & DISPOSAL
There are two floor drain catch basins located inside the former storage area of the Caseber
Furniture store. The drain grates will be removed and the sediment/soils will be excavated and
contained in 55-gallon FDOT drums. Samples will be collected for waste characterization and
disposal. This proposal assumes that four drums of material will be generated. Unit costs are
provided for non-hazardous and hazardous waste disposal. However, disposal costs may vary
depending on the reason for hazardous characterization. Dames & Moore will collect one
composite soil sample of the materials contained in the drums. The composite soil sample will
be analyzed non-virgin pre-bum parameters (VOHs, FL-PRO, As, Cd, Cr, Pb, and PCBs/TOX).
In addition, the sample will be analyzed for TCLP metals (As, Cd, Cr and Pb). Additional waste
characterization analyses may be required. Dames & Moore will provide the City of Clearwater
with the cost for additional analysis, if required.
4.6 COMPREHENSIVE SITE ASSESSMENT REPORT
Dames & Moore will prepare a comprehensive report which will provide and summarize the
field and laboratory data that has been obtained during the performance of the Phase I ESA by IT
Corp. and the Phase II ESAs performed by Dames & Moore. The results of the tasks proposed
herein will also be incorporated as well as a summary of the semi-annual groundwater sampling
results. (Note: Dames & Moore is conducting semi-annual groundwater sampling with the
approval of the FDEP to evaluate concentrations of tetrachloroethene (PCE) detected in the
groundwater at the site. Therefore, no additional assessment of the groundwater with respect to
PCE is included herein.)
Although FDEP correspondence dated January 10, 2000, referenced several areas on Property A,
a discussion between Karma Killian (City of Clearwater) and David Gerard (FDEP) on
May 3, 2000 resulted in an agreement that these areas would not be addressed until demolition
activities take place on the site.
5.0 SCHEDULE
Dames & Moore will mobilize to the site one-week after receipt of written authorization to
proceed. The removal of the hydraulic lifts is estimated to require 13 field days to complete.
The removal of the two UST's is estimated to require three days to complete, if they are not
filled with inert material. An additional two days will be required if the UST's are filled with an
inert material. Laboratory results will be provided within 10 days. The reports will be provided
three to four weeks following receipt of all laboratory results and disposal records.
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Page 6
6.0 ESTIMATED PROJECT FEES
Dames & Moore proposed to perform the scope of work herein on a time and expense basis in
accordance with the Professional .Services Agreement between Dames & Moore and the City of
Clearwater dated May 16,2000. The unit costs and estimated project fees for Dames & Moore
are provided below. Unit costs and estimated fees for the contractor work are provided in the
Bid Schedule.
Task Description D&M Laboratory
Pre-Bid Meeting/Project Management $1,500 0
Hydraulic Lift Removal
. 13 Field Days/Sampling/FID $9,841 0
(13 days x 9 hrs. x $55/hr)
(24 hrs. x $94/hr)
(vehicle 13 days x $50/day)
(OV AlFID 10 days x $50/day)
. 15 Confirmation Soil Samples - 0 $5,685
(8260/8310/8082/FL-PRO @ $360)
(15 encores @ $19 each)
. 3 Pre-Burn Soil Analyses 0 $945
(3 x $315/sample)
UST Removal (2 - 1,000 Gallon Tanks)
. I Soil & 1 Groundwater Sample 0 $619
(soil- 8021/831O/FL-PRO x $280)
(1 encore @ $19)
(water - 8021/8310/leadlFL-PRO x $320)
. 3 Field Days/Sampling/FID $2,211 0
(3 days x 9 hrs. x $55/hr)
(4 hrs. x $94/hr.)
(vehicle 3 days x $50/day)
(OV AlFID 3 days x $50/day)
(sampling kit x $50)
. 1 Pre-Burn Analysis 0 $315
(1 x $3 1 5/sample )
. Tank Closure Report/Forms $2,900 0
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May 16, 2000
Page 7
.
Former UST Area Closure
1 field Day/Sampling/FID
(1 day x 6 hrs. x $55/hr)
(OV AlFID 1 day x $50/day)
(sampling kit x $50)
(vehicle 1 day x $50)
1 Soil Sample Analysis
(80211831O/FL-PRO x $280)
(1 encore @ $19 each)
Tank Closure forms
$480
o
.
o
$299
.
$500
o
Floor Drain Sediment/Soil Removal
. Oversight/Sampling $220 0
(1 day x 4 hrs. x $55/hr.)
. Waste Characterization Sampling 0 $490
and Analysis
(1 Pre-Burn, TCLP Metals @ $490)
Response to FDEP Letter
. Comprehensive Report $4,900 0
Estimated Project Subtotal $22,552 $8,353
Estimated Project Total $30,905
Labor rates per labor category and equipment rates for Dames & Moore personnel and equipment
that are anticipated to be used on this project are provided below:
Associate Grade 15 - $118/hour
Senior GeologistlEngineer Graded 14 - $94/hour
Project GeologistlEngineer Grade 12 - $68/hour
Staff GeologistlEngineer Grade 10 - $55/hour
Clerical/Support Staff Grade 6 - $47 /hour
CADD/Drafting Grade 8 - $60/hour
Vehicle - $50/day
OV AlFID - $50/day
Sampling Kit (bailers, encores, ice, shipping, gloves, field meters) - $50/sampling event
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May 16, 2000
Page 8
BID SCHEDULE
HYDRAULIC LIFT AN D UNDERGROUND STORAGE TANK REMOV AL
901-927 CLEVELAND STREET
CLEARWATER, FLORIDA
The hydraulic lift and UST removal will be coordinated with the demolition of the former
Caseber Furniture store that will be performed by the City of Clearwater. The total quantity is
estimated and may vary based on conditions in the field. The unit cost will be used if more or
less is encountered. The cost to remove the two UST's assumes that the tanks are not filled with
an inert material and can be removed under normal conditions. A separate line item is included
if the UST's are filled with an inert material. Dames & Moore has selected Prime Contractors,
Inc. to complete the removal of the hydraulic lifts, UST's and associated field tasks. Mr. David
Kruis is the PSSC Contractor with the license number PCC056773. The contractor is
responsible for providing all labor, equipment and materials to complete the work. The unit
costs include the 5% handling charge as allowed in the Professional Services Agreement.
BID ITEM
UNIT
UNIT OTY COST TOTAL
Mobilization - Hydraulic Lifts
LS
1
$1,050 $ 1,050
Mobilization - UST's
LS
1
$1,050 $ 1,050
Mobilization (if additional soils are required
to be removed after building demolition)
LS
1
$ 420 $ 420
Mobilization (if additional hydraulic lifts
need to be removed following demolition)
LS
1
$ 420 $ 420
Removal of hydraulic lifts (includes removal
of minimum of 5 ft. by 5 ft. area of 6-inch to
14-inch thick concrete slab, draining lifts and
lines, removal of lines, removal and
disposal of lifts and any above ground or
underground tanks associated with the lift -
Note: larger areas of concrete will need to
be removed in areas where double post lifts
and/or underground tanks are present)
Each
20
$ 715 $14,300
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Page 9
Removal of two UST's between 2,000 and 5,000 LS 1 $4,675 $4,675
gallons in size, (includes removal of any liquids,
disposal of tanks, removal of approx. 2.5 feet of
concrete overburden, removal of piping, in
accordance with Chapter 62-761 FAC)
If the two UST contain concrete or other inert LS 1 $5,015 $5,015
material, gain access to interior, remove
material and stockpile on site
Disposal of hydraulic fluids Drum 10 $79 $790
Disposal of fluids in UST's Gal. 200 $1.60 $320
Disposal of petroleum/UST fluid contact water Gal. 1,500 $0.80 $1,200
Removal of additional 6-inch to 8-inch thick Sq.Ft. 1,000 $1.90 $1,900
concrete slab to remove contaminated soils at
hydraulic lifts
Removal of additional 9-inch to 14-inch thick Sq.Ft. 500 $3.15 $1,575
concrete slab to remove contaminated soils at
hydraulic lifts
Excavation and stockpiling of contaminated Ton 90 $11.55 $1,040
soils from lifts, includes plastic sheeting, labor &
equipment
Removal of additional 2.5 ft. (+/- 0.5 feet) Sq.Ft. 250 $3.15 $788
thick concrete at UST's to remove contaminated
soils
Excavation and stockpiling of contaminated Ton 20 $11.55 $231
soils from UST's, includes plastic sheeting, labor &
equipment
Excavation and stockpiling of contaminated Ton 40 $11.55 $462
soils after building is removed
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May 16, 2000
Page 10
Loading, transporting and disposal of petroleum Ton 150 $50.50 $7,575
impacted soils for thermal treatment (22 ton min.)
Loading, transporting and disposal of petroleum per 55 20 $126 $2,520
impacted soils for thermal treatment (non-haz.) gal. drum
Loading, transporting and disposal of petroleum Ton 40 $121 $4,840
impacted soils that do not meet thermal
treatment criteria, non-hazardous
Analytical testing of hydraulic fluids for disposal Each 4 $240 $960
(does not include TCLP testing)
Analytical testing of fluids from UST's for disposal Each 1 $342 $342
FDOT approved 55-gallon drums (as needed) Each 20 $37 $740
Remove two floor drain grates, remove and LS 1 $1,575 $1,575
contain soils and sludges in 55-gallon drums
Disposal of drums containing storm drain Drum 4 $235 $940
soils/sludges, hazardous
Estimated Project Subtotal from Bid Schedule $54,728
Estimated Total Project Fees $85,633
10% Contingency $8,500
Estimated Project Fees with Contingency $94,133
Notes:
(1) The quantities listed herein are estimates only. Unit rates will apply. Dames & Moore
will provide the City of Clearwater with the disposal records, weight tickets and
laboratory analysis used for waste characterization. The stockpiled soils will be covered
with plastic until the soils are removed from the site. No backfill material is included in
this proposal.
(2) The measurement for payment for the removal of additional concrete to excavate
contaminated soils at the lifts and UST's will not be measured until after the lifts, lines
and associated hydraulic fluid tanks and UST's are removed. Measurements will be
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May 16, 2000
Page 11
made after the lifts, lines and tanks are removed and after additional concrete is removed
to excavate contaminated soils.
(3) If the USTs are 2,000 gallons IS sIze, the total project fee will be reduced by
approximately $735.
(4) If the disposal of drums contammg storm drain soils/sludges are considered non-
hazardous, the project fee will be reduced by approximately $520. Disposal fees are
estimated at $105 per drum for four drums of non-hazardous soil/sediment.
The cost estimate and terms described herein are valid for up to 30 days from the date of this
proposal. Any variations to the schedule, scope of work, or site description may require a
modification to the cost estimate.
We appreciate the opportunity to submit this proposal and look forward to working with the City
of Clearwater on this project. If this proposal is acceptable, please provide a purchase order and
return to our office.
Please do not hesitate to call if you have any questions or comments.
Sincerely,
DAMES & MOORE
~l,
Edwin W. Si~P.G.
Associate, Manager
Waste Management Group - Tampa
EWS/jrnk
(2 copies submitted)
cc: Karma Killian - City of Clearwater
William L. Pence - Akerman, Senterfitt & Eidson, P.A.
\ \OM _ TP A2\sYS\DA T A \024\PROPOSAL \2000\coc\dimmitt4.doc
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Exhibit B
FINAL AFFIDAVIT
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
sworn, deposes and says of his personal knowledge as follows:
who, after being first duly
I. He is the (title) of
State of Florida (hereinafter referred to as the "Consultant").
which does business in the
II. The Consultant, pursuant to a contract dated , 2000, with City of Clearwater
(hereinafter referred to as the "Client"), has furnished or caused to be furnished labor, material and services for the
construction of certain improvements as more particularly set forth in said contract.
III. This Affidavit is executed by the Consultant in accordance with Section 713.06(3)(d) of the Florida
Statutes for the purpose of obtaining a final payment from the Client in the amount of $
IV. All work performed under the contract referred to above has been fully completed, and all lienors
under this contract have been paid in full, except the following list of lienors:
STATE OF
COUNTY OF
Sworn to and subscribed before me this _ day of
Notary Public
Print:
Personally known
OR Produced ID
Type of ID Produced
OR277811;1
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EXHIBIT C
HEALTH AND SAFETY PLAN
The following is a list of issues which shall be addressed in the Health and Safety Plan
("Plan"), as applicable. This list is merely advisory and is not intended to provide a complete
statement of safety-related issues. The Plan shall otherwise conform to the requirements set
forth under the Occupational Health & Safety Act, including without limitation, the
requirements of 29 CFR ~191O.120.
(1) Introduction. Overview of Consultant's project responsibilities. Health and
safety responsibilities of key personnel.
(2)
Personal Protective Equipment.
Description of the personal protective
equipment selected and its use. Rationale for selection of the equipment.
(3) Work Zones and Decontamination Procedures. Identification of work and
decontamination zones. Description of personnel, personal protective equipment, heavy
equipment and tool decontamination procedures. Description of equipment and procedure for
emergency /normal decontamination.
(4) Personnel Training Program. Description of personnel training program.
(5) Medical Surveillance.
(6) Emergency Response Plan.
0R277811;1