REMEDIATION SERVICES AT BERRY RESIDENCE - BELLEAIR BEACH
.,. --.,
,
DATE:
February 21, 1996
TO:
Clearwater Gas System
400 North Myrtle Avenue
Clearwater, Florida 34615
RE:
Proposal for Providing
Remediation Services at
Berry Residence
107 Harrison Avenue
Belleair Beach, Florida
'"""'
In accordance with your request, MEVERS & ASSOCIATES, INC. (MAr) is
pleased to provide this proposal for Remediation Services at the
above referenced site. As you may be aware, MAl recently received
approval from the State for the proposed Remediation Activities at
the site.
Background
As part of our remediation plan, MAl proposed to use bioremediation
technology to clean-up the contaminated media (soil background and
groundwater) at the site. Bioremediation is the use of natural
biological processes to restore segments of the environment.
Specifically, bioremediation is the use of natural occurring
microorganisms to degrade hazardous wastes.
Soil and it's complex microbial community can accept and degrade
into non-toxic forms a wide variety of pollutants. There exist in
nature many microbial forms such as bacteria, yeast and molds which
can biodegrade most contaminants which are noxious to the
environment.
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4700 140" Avenue North . Suite 104 . Clearwater, FL 34622
(813) 530-3533 · Fax (813) 530-9673
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R~iation Services at
Berry Residence
Belleair Beach, Florida
Page 2
These microbial agents have the capability to produce extracellular
enzymes which lead to a breakdown (mineralization) of petroleum
products by transforming them into food sources for the microbe's
own growth and reproduction requirements.
The bioremediation we proposed included the use of the product
FYREZYME. At sites contaminated with petroleum products, only a
small percentage of the natural microbial population is capable of
utilizing the petroleum contamination product as a food source.
With FYREZYME stimulation, the petroleum consuming microbes are
favored in the biological chain. They enter into a reproduction
frenzy that results in their domination in population over the
other microbial community members.
This growth is characterized by an initial lag phase while DNA and
enzyme synthesis develops. The extracellular enzymes necessary to
breakdown organic molecules and for microbial growth are readily
available in FYREZYME, thus shortening the lag phase. As soon as
the basic requirements for enzyme and DNA production are met, the
soil microbes enter a phase in which the exponential growth
develops. During this rapid growth phase, microbes are
particularly sensitive to adverse conditions and therefore respond
well to the comfort and nutrients of FYREZYME. By adding fresh
nutrients, the microbial growth phase is maintained, hence the need
for pulsed applications of FYREZYME and constant monitoring of
oxygen, water and microbial activity.
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R~iation services at
Berry Residence
Belleair Beach, Florida
Page 3
FYREZYME provides a rich source of simple sugars (glucose), amino
acids and other growth factors required by the microbes. Once the
glucose energy source is exhausted, those microbes capable of
utilizing petroleum for such growth look to the contamination for
their food source. The microbial community has now expanded to the
point where they start attacking the contaminant for food to
support their activities.
This process continues until all that remains of the food source
are carbon dioxide (C02), water (H20), and biomass (fatty acids
which are used for an energy source by other microorganisms).
After the petroleum contamination is eliminated from the soil or
water, the microbial community returns to its original dormant
state.
FYREZYME further enhances the cleanup process through co-metabolism
and secondary substrate activity. Co-metabolism occurs as a result
of a non-target organic contaminant being in the presence of the
high energy microbial activity. Enzymes elaborated during the
metabolism of petroleum products are capable of altering non-target
organic compounds by transforming them into a more readily
oxidizable and non-toxic forms which then are consumed by the
microbial communities. Generally as the target contaminant
decrease below a critical level, the microbial population decreases
and the reaction may slow or stop. This explains why many soil
venting operations cease to be effective as the contaminant level
lowers. By maintaining a rich microbial population and growth with
FYREZYME, even small residuals of contaminants continue to be
metabolized to lower or non-detect levels.
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Reaediation Services at
Berry Residence
Belleair Beach, Florida
Page 4
This action of FYREZYME allows for low cost treatment of large
volumes of petroleum contaminated soil and water.
The remediation plan called for the application of the FYREZYME
product to the contaminated areas. The site has been divided into
two (2) zones, zone (A) and zone (B). This was done due to the
number of wells which will be injected with the FYREZYME solution
so that each injection event can be spread out over two (2) days,
in other words one (1) zone per day per injection event. There
will be three (3) separate injection events during the course of
this procedure.
Zone (A) will be the section directly west of the concrete drive.
This is the former location of the UST's. This section includes the
grass yard and landscape area between the closest neighboring
residence to the west and the Berry residence driveway.
Zone (B) is the area under the concrete drive and the effected
portion of the residential garage. The contaminated soil that was
not accessible during the tanks' removal will be addressed in this
zone.
A total of nine hundred (900) gallons of diluted solution will ~e
required to complete this project. The diluted solution consists
of 16 parts H20 to 1 part FYREZYME. The diluting water will be
taken from the landscape irrigation pump located on the subject
site.
The air sparging system associated with the FYREZYME application
will consist of a Thomas rotary vane aeration pump, a control PVC
distribution manifold, and 1/4 inch vinyl tubing which will be
distributed from the manifold and placed within the groundwater of
each injection well.
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R~iation Services at
Berry Residence
Belleai r Beach, Florida
Page 5
The pump is an oil-less design to prevent any downstream oil
contamination. Both intake and exhaust filters are featured on
this pump. This is a continuous duty and UL approved (E65420)
device. The pump is powered by a 1/4 horsepower motor designed to
run on 115 volts (60 HZ) using 4.6 amps of current. The maximum
output is 4 CFM at 0 pressure, 3.6 CFM at 5 PSI, and 3.2 CFM at 10
PSI. The central PVC distribution manifold is regulated at 2.5
PSI. The 1/4-inch vinyl tubing is food grade nontoxic clear 1/4-
inch vinyl tubing. The air sparging system is the only significant
treatment system equipment utilized of this procedure. All
treatment system equipment will be removed from the site daily.
During the remediation process monitoring will be required to
ensure the effectiveness of the process. All treatment procedures
and sampling events will take place while MTES and/or MIA personal
are on-site in which case continuous monitoring of all procedures
will take place throughout the project.
The FYREZYME solution will be applied in three (3) two-day events.
Each event will address zone (A) on the first day and zone (B) on
the following day. A total of nine-hundred (900) gallons of
diluted FYREZYME solution will be gravity fed into the injectors
throughout the process. Each event will receive the same amount of
solution or approximately three-hundred (300) gallons per event.
Each injection well will receive the same amount of solution except
the injection well installed in the area of contaminated soil,
which will receive approximately 1.5 times more than the other
wells. The extra amount put into this injection well addresses the
need for the remediation of the contaminated soil that still exists
under the southwest portion of the garage and adjacent driveway
area. The construction of this injection well will be such that it
addresses the need for the FYREZYME solution to be put into the
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R~iation services at
Berry Residence
Belleair Beach, Florida
Page 6
soil. This is done by shortening the well depth so the solution
can permeate into the soils as well as the groundwater. Each of
these events will be followed by the air sparging previously
described. The air sparging following each injection event will
take approximately seven (7) days or a total of twenty-one (21)
days for the entire procedure.
FYREZYME lS a proven bioremediation product. FYREZYME has been
approved by the Federal Environmental Protection Agency (EPA) since
1990. It listed on the National Contingency Plan (NCP) Product
Schedule for use on spills in navigational waters. Florida's
Department of Environmental Protection (DEP) has acknowledged the
EPA's approval. The product has passed all toxicity and safety
tests. The product has proven itself on numerous completed field
projects, laboratory bench test, and previous pilot studies.
FYREZYME does not contain any living organism, microorganism, or
bacteria. The product stimulates natural microbes to consume the
contamination.
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Reaediation Services at
Berry Residence
Belleair Beach, Florida
Page 7
Estimated Time-Frame
A proposed on-site schedule for the bioremediation including
installation of the injection wells, treatment of zones A and B,
air sparging and sampling is as follows:
ACTIVITY COMPLETION TIME
Take initial samples
Laboratory analyses
Install Zone (A) and (B) injectors
One day
Ten days
One day
One day
One day
Seven days
Zone (A) Treatment One
Zone (B) Treatment One
Air sparging
Zone ( A) Treatment Two
Zone (B) Treatment Two
One day
One day
Seven days
One day
One day
One day
Seven days
One day
Ten days
Air sparging
Confirmation Sampling
Zone (A) Treatment Three
Zone (B) Treatment Three
Air sparging
Final Sampling
Laboratory Analyses
Project Cost Estimate
The total costs for the site cleanup were developed considering the
estimate provided by MTES for its bioremediation plan as well as
additional activities provided by MAl such as monitoring,
reporting, and on-site coordination. A total of $30,000.00 by MTES
for their remediation cost is estimated for this site.
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R~iation Services at
Berry Residence
Belleair Beach, Florida
Page.8
The total cost estimate for MAl to provide monitoring, sampling,
reporting and on-site coordination is $22,060.00. The total cost
for this project is $52,060.00. This is a "not to exceed" cost.
A cost analysis breakdown is included on Attachment A.
Closing
For written acceptance of the scope of work and costs included on
Attachment A, and the attached set of terms and conditions, and
authorization to proceed, please sign below in the space provided
and return a copy to our office. Mevers & Associates, Inc. will
begin the work for the remediation outlined herein upon receipt of
a signed contract. In addition, a mobilization fee of $5,000.00
will be required prior to initiating work on-site.
Sincerely,
MEVERS & ASSOCIATES, INC.
David A. Mevers, P.E.
President
Attachments:
Attachment A ~
Terms and Conditions..c~;brl A .
r~s,Jrct"ce R.e1()ir~j-tyhihjf f3
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
Eliz
City
,I?~ptula
Approved as to form and correctness:
J~~
~~City Attorney
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ATTACHMENT A
Berry Residence
Belleair Beach, Florida
REMEDIAL ACTION COSTS SUMMARY
Scope of Work and Cost
COST
Groundwater Treatment System Installation Costs (MTBES) 30,000.00
Remediation Monitoring Costs (MAl)
14,560.00
Equipment & Supplies (MTBES)
3,000.00
Remedial Activities Completion Report (MAl)
1,500.00
Professional Services (MAl)
3,000.00
TOTAL PROJECT COST ESTIMATE:
$
52,060.00
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EXHIBIT A
MEVBRS ~ ASSOCIATES, INC.
TERMS AND CONDITIONS
1. SERVICES TO BE PROVIDED. Mever" , A.s!iociates, Inc. is an independerlt ::on~ultant: and agr~e5 to provide the Client within the
con~ulting service~ !~t forth in our propo5al tor its !iole benefit and 8xclu~ive use. No other services will be provided
witho~t a~~hori~ation.
2. SIrE OPE~ION8. Client will arrange tor right-o(-&ntry to the prcperty tor the purpo~e of performing studie~, te5ts and
eval'.1ation~ pursuant to the agreed services. Client represent~ that it posse~ses necessary permits and licenses required for
its activities .t the site.
3.
Mevers , Associat.es, Inc. field personnel are trained to initiate field te!iting, drilling and/or sampling within a rea~onable
di"tance of each designated location. Our field per.sonnel will avoid hazards or utilities which are vi-sible to them at the
site. If we are advi~ed or given information in writing that reveals the pre~ence or potential presence of underground or
aboveground obstruction" such a~ utilities, we will give special instructions to our field per~onnel. Mevers' Associates, Inc.
is not responsible for any damage or losses due to undisclosed or unknown surface or subsurface conditions, owned by Client or
third parties, except as a result of our 301e negligence. Client agrees to indemnify U3 from any such claims, suits or losses,
including reasonable attorney's fees, resulting therefrom.
Field tests or boring locations described in our report. and/or 3h~ on sketches are based on specific information furnished
by other~ or estimates made in the field by our personnel. Such diaensions, d~pths or elevations should be considered a5
approximate unless otherwise stated in our proposal or report. .
S'tANDA.R.D OF CARE. Mevers' Associates, Inc. will perform its ~.arvices using that degree of care and skill ordinarily exercised
under similar conditions by reputable members of our profession practicing in the same or similar locality. NO OTHER WARRANTY,
EXPRESS OR IMPLIED, IS MADE OR INTENDED BY OUR PROPOSAL OR BY OUR OP~ OR WRITTEN REPORTS.
4.
FIELD REPRE8~IVE. The presence of our field personnel, either full-time or part-time, will be for the purpose of providing
observation and field te5tln~ of specific aspects of t.he project as ~'-!thorized by Client. Should a contractor, not retained
by us, he invol..'e-.= in t.he proJect, Client will advise contract.or that '?'.lr services de not. include supervision or direction of
the actual work of the contractor, hi" c:uployees uC agent". Client will al.e:o inform contracto= that th~ presence of our field
repres~ntative for observation" or testing by us wi) 1 not relieve Lhe cont=iict.or of his L"e5ponsibilities for performing the work
in accordance wit.h the plans and specifications.
It a contractor (other than a subcontractor to Meve:-s , Associates, 1n=. J is involved in the project, Client agrees that, in
accordance with generally accepted construction practices, the contractor will be solely and completely responsible for working
conditions on the jobsite, including safety of all persons and property during performance of the work, and compliance with OSHA
regulations and that these requirements will apply continuouslj.' and no~ be limited to normal working hours. It is agreed that
we will not bc responsible for job sit.e ~afety on tha proje<::t and that. -.....e do not have the duty or right to stop the work of the
contract~r.
5. UNFORESEEN CONDI~ION8 OR OCC11R.lUD1CE8. It i~ possible that unforeseen condition~ or OCCUi renees may be encountered which could
substantially alter the necessary services or the ri"ks involved in ccaplet.ing our service~. If this occurs, we will promptly
notify and consult with Client, but will act based on our sol~ jud~ent where riSk to our personnel is involved.
6. INSURANCE. Mevers' Associates, Inc. maintains i.nsurance coverag~ a~ foll"",,~:
(a)Worker's Compensation Insurance - statutory.
(b) Comprehensive General Liability Insurance-I, 000,000/ $2.000.000.
7. PROFESSIONAL LIABILITY. Client agree~ that Mevers , ,k,sociates, I:lc.'s liabilit.y to Client or any third part any
nal acts, errors or omissi.:>ns or breach of contrac': will be limited to an a re , or our total
fee, whichever is g:-ea . to have higher limits o! profess' .. _' we agree to increase the limit
up to.. maximum of $1,000,000 upon Client's w["~t e "cce ting our proposal, providing that Client agrees
to pay an additional consideration of 0 our total fee, or, , . The additional charge
for the higher li .. ., compensation for the increased liability we would assume and is not a ca' ional
~a llity insurance.
8. PAnG;NT TERMS. Client agrees to pay our invoice upon receipt. If p.iJw~r.~ is not received within 30 da~'5 from the invoice date.
Client agrlC'~s to pay a service charge on the past due amoun~ at the fLc....a.iling legal rate, including reasonable attorney's fees,
if collection through an attorney becomes necessary. No deduction shall be made from our invoice on account of liquidated
damages or other sums wit.hheld from payment to contractor~ or others. Eit.her party may terminate this Agreement without cause
upon 30 days written notice to the other party. In toe event Client requests termination prior to completion, Client agrees
to pay Mevers ~ ~sociate~, Inc. for all costs incurred plus reasonable charges associated with termination of the work.
9. SAMPLE DISPOSAL. Test. specimens or samples qenitI"ally ar-e cC'r.sUIued .:>:- sut>stantially altered during ti:sting and are disposed of
immediately upon corupletion of test~. DLllling samples and other .!lpecimer.s are disposed of 30 daiS after submis5ion of our
report.
A. NON-HAZARD.>l'S SAMPLES. At client's wr-itten r-eque5':, we ...::'11 retaiD. preservable te:!lt sp€:cimens or ~he residue
therefrom tor 30 day~ after submission of our report free "If "":orage charge:s. After the lnitial 30 days and upon
writte~ request, Wi. will retain test spe..;imen~ or sampl~s ~:~ a. reasor.a.bl~ period of time. Client agrees that we
are nct re~pon~ible or liable for any loss of test sp.?ci:.~;.s or _s_amp:!:!s retaillt::d in storage.
B. HAZAROOUS OR POTENTIALLY HAZAAOOUS SAMPLES. !n t.he event tha~ ~a~pl~s contain hazardous const.ituents, we will retur-n
such samples to Client, or using a manifest signed by Cli~n'::. a~ gen~rator, we will have such samples transported to
a location selected by Client for final disposal. Clien': ag~ees to pay all C05ts associated with the storage,
tran"port, and disposal of sample~. Client recogniz03s and a;r-ees that we are acting as a bailee and at no time aSSLlm€
title to said materials.
10. DISCLOSURE. Client agree" t.o advi~e us u}:'on execution of t~,i~ A9=ee:nent of any hazardous substances or any co I.
k:nown or known by Client, existing in, on, or near ,:h~ site, that pre~ents a ~oOtential an health,
the environment, or equlpme.' es to provide Mever~ and }I..s"Qc:ates, Inc. wit ' lnformation as it becomes
available to the Client in the future. By Vl . into th.:.s _, r of providing services hereunder, we do
not assume control of or responsibility for, the site of the site, or undertake responsibility for
reporting t.o any federal, state or loea . y conditions at :he site t a otential danger to public
health, safety for the env. . lent agrees to notify the appr~priate federal, state or loca a' ired by
law, or ot' sclose, in a timely manner, any informatior: t~at may be necessary to prevent any danger to hea
or the environment.
(OVERl
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MEVERB , A880CLU'E8, INC.
%ERNS AND CONDI%ION8
11. ENVIRONHEN'lAL INDEMNITY. In connection with toxic or hazardous substan~es or c-;,n!tituents, Client ag:-oees to the maximum extent
permitted by law to defend, hold harmless and indemnify Kevers , As5ocia~.e~. Inc. from and against any and all claims and
liabilities, unless caused by our 501$ neqliger,ce or willful acls, rasulting from:
(a) Client 's viOlation of any federal, state or local statute, regu!.ati.;,n or ordinance relating to the disposal of toxic
or hazardous substances or constituents;
(b) Client's undertaking of or arrangement for the handling, removal, treatment, storage, transportation or disposal of
toxi,,=, -:'IC; hazardou.s substances or cOIlstituents found or iderltifillld at the site:
(c) Toxic cr hazardous substances or const.ituents introduced at the sit.e by Client or third persons before or after the
comple~ion of services herein;
disposer under the Re~ource Con~e
or aw.
. ~ a handler, gener~t.or, operator, troe::ater or
~.aASJ><>!'~or-"._-
similar federal,
in s suit or claim for damages again.st u.s alleging per.sonal in~ury or prcpertr damage from exposure to or
release ot toxic or azar . at or from the project ~J1te before, durln .
this A.gree~ent, Client agrees to the ma '. our a any judgment resulting
. . eres ereon, unless such damages are caused by Jur sole nag 1gen 8.
12.
ON CLAU8E.
dispute can no.
Const.ru '0
J.n any court having jurisdication thereof.
If any contrc..,ersy 01' claim arises out of or relat&~. ~o this c,;>ntract! or ~reac:h thereof, and if said
. . . "hal ..... ce WI the
u qement upon ed
13.
DOCUMENTS. Mevers' Associates, Inc. will furni~h to Client the- a~reed upon n~r of r'9'ports and supporting documents. These
instruments of service are furnished for Client '5 use in connectIon with the 9roject or work provided for in this Agreement.
for any other purposes, all documents genarated by us under this Agreement, shall remain th~ sole property of Mevers ,
Associates, Inc.
If Client desires to provide our r<!port to a third pat.ty, we will agree provid<E:d Client obtains written acceptance from the
t.hird party t.o be bound by the"e terms and condit.ions.
Client. aqrees t.hat all documents furnished to Client. or Client"s agents or de-signees, it not paid for, will be returned upon
demand and will not be used by Client tor any purpose whatsoever. Cli~!'lt. furt.her agrees that docum~T'lt~ proouc~d by Hevers ,
Associates. Inc. pursuant to this Agreement will hVi.. be u.:s:ed at any locat.ion or for any project. not expressly provided for in
this Agreement without our written approval.
Client shall i~rnish documents or information reas~nably within Client"s ccntr~l and deem~d necessary by us for proper
performance of our services. We may rely upon Client provided documents i~ performing th. servi~es required under this
.Agreement.; however, we assume no responsibility or liability for thli1ir accu.:.scy. Client-provided documents will remain the
property of the Client..
'!'he documents we furnish to Client a.re intended foe Client".s exclusi...e relia:'lce and lntlirnal. us.a and not for .advertising or
other type of general distribution or puclication. Cli;:mt. agrees t.o oct.:.in OL:= written permission ior any exception. Any
unaut.horized use or dist.ribut.ion shall be at ~lien~'s zole risk ilnd wi~hout. liability to Meve-r5 , Associates, Inc.
14. CLAD4S. The parties agree tc\ attempt to resolve ~nf dispute without resort. ":0 :'itigaticn. However, in the event ~_,claim is
made tha: results in litigation, and t.he cli.imant fails t.o prev~i.l, then Lhli1 claimant shall pay all costs incurred in defending
the claim, including reasonable attorney's fee:!!. Tl._ _1_':'_ .lllli i&IUiai.rit ~ F' i.f 'lit! jlr!a~ \. 18t. 1. .a _..4 ~_t._':"..o!..d.
Ll.~ '71 1.. ~ I.pplia.18l! 1.J.~ 1.1 i5 ~t 1 _l t._ III Burt '5latSi' ......~~ ...... 7ff'iIi''iil tv l'ula1 ~ tI L AJ.tt_.. .......:....... L..... L1le
'!ilia fir. - if ~1'i.il1.
15. CONFIDENTIALlft. Mevers' Associates, Inc. will maintain as confidential, any document~ or information provided by Client
indicated to be confidential and will not release, distribute, or publi~h to any third par~y without prior permiSSIon from
Client unless compelled by order ot a court or regulatory body of competent juriSdiction.
16. SEVEllABILlfi. In the event that any provbdCJn of this AgreE'ment is found to be unenforceable, the other provisions shall remain
in tull force and effect.
17 - SURVIV~. All obligations arising prior to t.he termination of this A.greem@nt and all provision5 of this Agreement allocating
!"esp~nsibility or liability between Client ar.d Mevers , Associates, Inc. shall survive the completion of the services and the
t.ermination ot this Agreement.
18. I..N7EGRA1'ION. This Agreement, the attached documents and those incorporatlitd herein constitute the entire Agreement betwe~n the
parties and cannot. be changed except by a written instrument signed by bo~~ ~he parties.
19. GOVEIlNING LAW. This Agreement shall b'l g-:>.....e=ne.j in all re5~cts by the la;.....s ~! the Stat.e 'jf Flo:,rida.
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EXHIBIT ,6
CITY OF CLEARWATER
RISK MANAGEMENT/INSURANCE REQUIREMENTS
FOR
AGREEMENTS AND CONTRACTS
STATEMENT OF PURPOSE
The City of Clearwater enters into agreements and contracts for
services and/or products of other parties.
Agreements and contracts shall contain Risk Management/Insurance
terms to protect the City.s interests and to minimize its poten-
tial liabilities. Whenever applicable, the following terms shall
be included in agreements and contracts.
CITY DEFINED
The term City (wherever it may appear) is defined to mean the
City itself, its Commission, the Community Redevelopment Agency
of the City of Clearwater, a Florida governmental agency created
pursuant to Part III, Chapter 163, Florida Statutes, its duly
appointed officers, or other public bodies, officers, employees,
volunteers, representatives and agents.
OTHER PARTY DEFINED
The term other party (wherever it may appear) is defined to mean
the other person or entity which is a party to an agreement or
contract with the City, any subsidiaries or affiliates, officers,
employees, volunteers, representatives, agents, contractors, and
subcontractors.
HOLD HARMLESS
The City shall be held harmless against all claims for bodily
injury, sickness, disease, death or personal injury or damage to
property or loss of use resulting therefrom, arising out of the
agreement or contract unless such claims are a result of the
City's sole negligence.
PAYMENT ON BEHALF OF CITY
The other party agrees to pay on behalf of the City, and to pay
the cost of the City.s legal defense, as may be selected by the
City, for all claims described in the Hold Harmless paragraph.
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Such payment on behalf of the City shall be in addition to any
and all other legal remedies available to the City and shall not
be considered to be the City's exclusive remedy.
INSURANCE
The other party shall provide the following described insurance,
except for coverages specifically waived by the City, on policies
and with insurers acceptable to the City.
These insurance requirements shall not limit the liability of the
other party. The City does not represent these types or amounts
of insurance to be sufficient or adequate to protect the other
party's interests or liabilities, but are merely minimums.
Except for workers' compensation and professional liability, the
other party's insurance policies shall be endorsed to name the
City as an additional insured to the extent of the City's inter-
ests arising from this contract or agreement.
Except for workers' compensation, the other party waives its
right of recovery against the City, to the extent permitted by
its insurance policies.
The other party shall request that its insurers' policies include
or be endorsed to include a severability of interests/cross lia-
bility provision so the City will be treated as if a separate
policy were in existence without increasing the policy limits.
The other party's deductibles/self-insured retentions shall be
disclosed to the City and may be disapproved by the City. They
shall be reduced or eliminated at the option of the City. The
other party is responsible for the amount of any deductible or
self-insured retention.
Workers' Compensation Coveraqe
The other party shall purchase and maintain workers' compensation
insurance for all workers compensation obligations imposed by
state law and employers liability limits of at least $100,000
each accident and $100,000 each employee/$500,OOO policy limit
for disease.
The other party shall also purchase any other coverages required
by law for the benefit of the employees.
General, Automobile and Excess or Umbrella Liabilitv Coveraqe
The other party shall purchase and maintain coverage on forms no
more restrictive than the latest editions of the Commercial or
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Comprehensive General Liability and Business Auto policies of
the Insurance Services office.
Minimum limits of $500,000 per occurrence for all liability must
be provided, with excess or umbrella insurance making up the
difference, if any, between the policy limits of underlying poli-
cies (including employers liability required in the Workers' Com-
pensation Coverage section) and the total amount of coverage
required.
Commercial General Liability
If Commercial General Liability coverage is provided:
Coverage A shall include premises, operations, products and
completed operations, independent contractors, contractual
liability covering this agreement or contract, and broad form
property damage coverages.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
Occurrence Form
The occurrence form of Commercial General Liability
must be provided.
Comprehensive General Liability
If Comprehensive General Liability coverage is provided it
shall include at least:
Bodily injury and property damage liability for prem-
ises, operations, products/completed operations,
independent contractors, and property damage resulting
from explosion, collapse or underground (x,c,u)
exposures.
Broad Form Comprehensive General Liability coverage, or
its equivalent, with at least:
Broad form contractual liability covering this
agreement or contract, personal injury liability
and broad form property damage liability.
Products/Completed Operations Coveraqe
The other party is required to continue to purchase products
and completed operations coverage, at least to satisfy this
contract or agreement, for a minimum of three years beyond
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the City's acceptance of renovation or construction
projects.
Business Auto Liability
Business Auto Liability coverage is to include bodily injury
and property damage arising out of operation, maintenance or
use of any auto, including owned, nonowned and hired auto-
mobiles and employee nonownership use.
Watercraft/Aircraft Liabilitv
If the other party's provision of services involves utiliza-
tion of watercraft or aircraft, watercraft and/or aircraft
liability coverage must be provided to include bodily injury
and property damage arising out of ownership, maintenance or
use of any watercraft or aircraft, including owned, non-
owned and hired.
Excess Or Umbrella Liabilitv
Umbrella Liability insurance is preferred, but an Excess
Liability equivalent may be allowed. Whichever type of
coverage is provided, it shall not be more restrictive than
the underlying insurance policy coverages.
CERTIFICATES OF INSURANCE
Required insurance shall be documented in Certificates of
Insurance which provide that the City shall be notified at least
30 days in advance of cancellation, nonrenewal or adverse change.
New Certificates of Insurance are to be provided to the City at
least 15 days prior to coverage renewals.
If requested by the City, the other party shall furnish complete
copies of the other party's insurance policies, forms and
endorsements.
The address where all such Certificates of Insurance and policies
of insurance, when requested, shall be sent or delivered is as
follows:
City of Clearwater
Attention: City Clerk
P.O. Box 4748
Clearwater, FL 34618-4748
For Commercial General Liability coverage the other party shall,
at the option of the City, provide an indication of the amount of
claims payments or reserves chargeable to the aggregate amount of
liability coverage.
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Receipt of certificates or other documentation of insurance or
policies or copies of policies by the City, or by any of its
representatives, which indicate less coverage than required does
not constitute a waiver of the other party's obligation to
fulfill the insurance requirements herein.
INSURANCE OF THE OTHER PARTY PRIMARY
Insurance required of the other party or any other insurance of
the other party shall be considered primary, and insurance of the
City shall be considered excess, as may be applicable to claims
which arise out of the Hold Harmless, Payment on Behalf of City,
Insurance, Additional Insurance and Certificates of Insurance
provisions of this agreement or contract.
LOSS CONTROL/SAFETY
Precaution shall be exercised at all times by the other party for
the protection of all persons, including employees, and property.
The other party shall be expected to comply with all laws,
regulations or ordinances related to safety and health, shall
make special effort to detect hazardous conditions and shall take
prompt action where loss control/safety measures should
reasonably be expected.
The City may order work to be stopped if conditions exist that
present immediate danger to persons or property. The other party
acknowledges that such stoppage will not shift responsibility for
any damages from the other party to the City.
CONSIDERATION FOR HOLD HARMLESS/PAYMENT ON BEHALF
Applicable To Florida Construction Contracts
The other party agrees to accept, and acknowledges as an adequate
amount of remuneration, the consideration of $100.00 for agreeing
to the Hold Harmless, Payment on Behalf of City, Insurance and
Certificates of Insurance provisions in this agreement or
contract.
ADDITIONAL INSURANCE FOR REPAIR OR SERVICE OR OTHER CONTRACTS
If checked below, the City requires the following additional
provisions or types of insurance for repair or service or other
contracts to afford added protection against loss which could
affect the work being performed.
Commercial General Liability Increased General Aqqreqate
Limit
The minimum commercial general liability general aggregate
limit shall be $1,000,000, which is greater than the occur-
rence limit simply because it is an annual aggregate limit.
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Installation Floater Insurance
Installation Floater insurance is to be provided to cover
damage or destruction to equipment being installed or other-
wise being handled or stored by the other party. The amount
of coverage should be adequate to provide full replacement
value of the equipment being installed, otherwise being
handled or stored on or off premises. All risks coverage is
preferred.
Motor Truck Carqo Insurance
If the Installation Floater insurance does not provide
transportation coverage, separate Motor Truck Cargo or
Transportation insurance is to be provided for materials or
equipment transported in the other party's vehicles from
place of receipt to building sites or other storage sites.
All risks covered is preferred.
Contractor's Equipment Insurance
Contractor's Equipment insurance is to be purchased to cover
loss of equipment and machinery utilized in the performance
of work by the other party. All risks coverage is
preferred.
Fidelity/Dishonesty Insurance - Coveraqe for Employer
Fidelity/Dishonesty insurance is to be purchased to cover
dishonest acts of the other party's employees, including but
not limited to theft of vehicles, materials, supplies,
equipment, tools, etc., especially property necessary to
work performed.
Fidelity/Dishonesty/Liability Insurance - Coveraqe for City
Fidelity/Dishonesty/Liability insurance is to be purchased
or extended to cover dishonest acts of the other party's
employees resulting in loss to the City.
ADDITIONAL INSURANCE FOR RENOVATION OR CONSTRUCTION CONTRACTS
If checked below, the City requires the following types of insur-
ance for renovation or construction contracts, in addition to
required coverages previously cited, including Additional Insur-
ance for Repair or Service or Other Contracts.
Commercial General Liability Prolect Aqqreqate
Because the Commercial General Liability form of coverage
includes an annual aggregate limitation on the amount of
insurance provided, a separate project aggregate limit is
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required by the City for this contract or agreement.
Owners Protective Liabilitv
For renovation or construction contracts the other party
shall provide for the City an owners protective liability
insurance policy (preferably through the other party's
insurer) in the name of the City.
Builders Risk
Builders Risk insurance is to be purchased to cover the
property for all risks of loss, subject to a waiver of
coinsurance, including coverage of risks indicated in the
Installation Floater and Motor Truck Cargo insurance
previously described if such coverages are not separately
provided.
The Builders Risk insurance is to be endorsed to cover the
interests of all parties, including the City and all
contractors and subcontractors. The insurance is to be
endorsed to grant permission to occupy.
PROFESSIONAL LIABILITY, MALPRACTICE AND/OR ERRORS OR OMISSIONS
If checked below, the City requires the following terms and types
of insurance for professional, malpractice, and errors or omiss-
ions liability.
~HOld Harmless
The following replaces the previous Hold Harmless wording:
The City shall be held harmless against all claims for
bodily injury, sickness, disease, death or personal injury
or damage to property or loss of use resulting therefrom
arising out of performance of the agreement or contract,
unless such claims are a result of the City's own
negligence.
The City shall also be held harmless against all claims for
financial loss with respect to the provision of or failure
to provide professional or other services resulting in
professional, malpractice, or errors or omissions liability
arising out of performance of the agreement or contract,
unless such claims are a result of the City's own
negligence.
~professional Liabilitv/Malpractice/Errors or Omissions
Insurance
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The other party shall purchase and maintain professional
liability or malpractice or errors or omissions insurance
with minimum limits of $1,000,000 per occurrence.
If a claims made form of coverage is provided, the retro-
active date of coverage shall be no later than the inception
date of claims made coverage, unless prior policy was
extended indefinitely to cover prior acts.
Coverage shall be extended beyond the policy year either by
a supplemental extended reporting period (ERP) of as great
duration as available, and with no less coverage and with
reinstated aggregate limits, or by requiring that any new
policy provide a retroactive date no later than the
inception date of claims made coverage.
WRITTEN AGREEMENT/CONTRACT
Any party providing services or products to the City will be
expected to enter into a written agreement, contract, or purchase
order with the City that incorporates, either in writing or by
reference, all of the pertinent provisions relating to insurance
and insurance requirements as contained herein. A failure to do
so may, at the sole option of the City, disqualify any bidder or
proposer of services and/or products to the City.
insurance.req
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