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CITY UTILITIES/900 CHESTNUT CONTAMINATION ASSESSMENT RIGHT OF ENTRY i I RIGHT OF ENTRY FOR CONTAMINATION ASSESSMENT & REMEDIAL ACTIVITIES This Right of Entry is intended to provide an agreement between the City of Clearwater (Hereinafter "City") and the listed Consultant (Hereinafter "Consultant") and its representatives to perform Contamination Assessment and Remedial Action Activities as Required by 17-770 F.A.C. on the City Site listed below. All required information regarding this Right of Entry form shall be submitted to the address below: City of Clearwater Environmental Management P.O. Box 4748 Clearwater, FL 34618-4748 (813) 462-6383 SITE TO BE ACCESSED \. Owner I S Nane City of Clearwater Utilities Department 900 Chestnut Street, Clearwater Address Lega 1 Description Coachman heights Rev.; Blk C, South 1/2 ,.....f Tnt F. <Inri <Ill Tn~'" 7, R, Q, <Inri 10 Consultant/Contractor Nane: CONSUl,. TANT /CONTRACTOR INFORMATION Omega Envlronmental Services, Inc. Contact Nane: Maureen Farrell Address: 3902 Corporex Park Drive Phone: Buildin~ C. Suite 550 Tampa, Florida 33619 (813) 621-9101 (813) 621-8759 FAX: Clearwater Occupational License Number: ASSESSMENT AND REMEDIATION ACTIVITY INFORMATION Provide the following information regarding the originating non-city site requiring assessment or remediation activity by the Florida Department of Environmental Protection. Non-City Originating Site Owner(s) Barnett Bank, Inc.: Commercial Recovery Department 4600 West Cypress Street Tampa, Florida 33607 Address Legal Description Coachman heights Rev. Blk C, Lots 17, 18, 19 and 20 Lying South and West of Court Street, less West 25 feet. FDEP Facility 1.0.1 S?RF.?L..F.SS THIS RIGHT OF ENTRY IS SUBJECT TO ALL OF THE FOLLOWING CONDITIONS AND MAY BE IMMEDIATELY TERMINATED BY THE CITY UPON WRITTEN NOTICE TO THE CONSULTANT IF THE CITY, AT ITS SOLE DETERMINATION, FINDS THE CONSULTANT IN VIOLATION OF ANY CONDITION AS DESCRIBED HEREIN: (I~; ~ ~ o 0 ~/1/ ~ CO (I) - - ~ J I 1. All assessment and remediation activities to be performed under this Right of Entry shall be approved by the City of Clearwater (Environmental Management Group) prior to commencement. A full description of activities to be performed including diagrams and locations of installation of equipment and wells shall be provided to the City by the Consultant for review. The Consultants proof of insurance shall also be provided. 2. All activities to be performed on the City Site under this Right of Entry shall be limited to activities authorized or required by the Florida Department of Environmental Protection (FDEP). Documentation from FDEP shall be provided to the City confirming that assessment and or remeqiation activities are required on the City Site prior to commencement. 3. After approval of assessment and remediati.on activities, by the City's Environmental Management Group, 48 hours notice shall be given tot he City of Clearwater by the Consultant prior to the installation or removal of any monitor wells or equipment or the initiation of any monitoring or remediation activities. Notification shall be made by contacting the City's Environmental Management Group at (813) 462-6383. Notice of any activity not previously approved by the City's Environmental Management Group shall not be undertaken without Environmental Management approval. 4. A 11 activities performed under this Right of Entry shall be performed in a manner that wi 11 not interfere with City operations and shall be conducted at the convenience of the City of Clearwater. 5. The Consultant shall conduct its activities in a manner so as to minimize damage to the existing site conditions. Any disturbance found to be unacceptable to the City of Clearwater resulting from the activities of the Consultant or its representative shall be repaired or corrected within 5 working days to the satisfaction of the City. The Consultant shall be responsible for repairs to any utilities damaged due to activities conducted at the City Site. The Consultant shall also make provisions to provide appropriate landscaping as determined by Clearwater Environmental Management to screen structures or equipment which must be located on the City Site. 6. All data collected from or involving the City Site shall be submitted to the City Environmental Management Group. A copy of the Contamination Assessment report involving the City Site shall be provided to Environmental Management upon completion. If remedial action is required by FDEP, the Remedial Action Plan involving the City Site shall be presented to Environmental Management prior to commencement of remedial activities on the City Site. A copy of the Site Rehabilitation Completion Order shall be submitted to Environmental Management upon completion of site assessment and remediation activities. Any regulatory correspondence regarding the City Site shall be copied to the City Environmental Management Group. 7, Any samples, waste materials, soil cuttings, hazardous waste, hazardous substances, pollutants, contaminants or free product which results from activities conducted under this Right of Entry shall be the sole property of the Consultant and shall be handled, stored, treated, transported and disposed of in accordance with all applicable local, state and federal laws, regulations and ordinances. Copies of all manifests resulting from assessment and remediation activities at the City Site shall be provided to the City Environmental Management Group. 8. All tools, equipment wells or other property of the Consultant or its representatives shall be removed by the owner of such property within a reasonable time subsequent to the receipt of the Site Rehabilitation Completion Order from FDEP. All monitor wells installed by the Consultant or its representatives shall be properly abandoned in accordance with Rules of the Southwest Florida Water Management District Chapter 40D-3 upon completion of site rehabilitation. 9. The Consultant shall indemnify and hold harmless the City. from all actions, claims, demands. liabilities and damages which may be imposed on or incurred by the City, as a consequence of any act or omission of the Consultant and its Representatives. . 10. The Consultant shall observe any and all local, state and federal safety, health and environmental regulations which may be applicable. The Consultant shall indemnify the City of Clearwater from any losses, damages, claims or demands of whatever nature which might arise as a result of the Consultant and their representatives failures to observe any applicable safety, health and environmental regulations. 11. The Consultant shall provide written notice of completion to the City Environmental Management Group within 30 days of the issuance of a Site Rehabilitation Completion Order from FDEP. Should the Consultant's contract with the property owner terminate for any reason prior to issuance of a site completion order, this Right of Entry shall immediately terminate. A termination letter from the 2. '. I I APp..roved as tO~fO. r~ an.d correctness: ~~ ~. 'L / 'bX:iGa ~~~. ~~y Paul Richard Hull ~ssistant C~y Attorney t~st: consultant shall include a statement that all property of the consultant has been removed from the City site and that the City site has been restored to its original condition. It is the responsibility of the consultant to notify all contractors and subcontractors of termination of the right of entry. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~;1~ of \I '.JA~J ., 199~ CITY OF CLEARWATER, FLORIDA ~ ~1izabe'~ ~~ City Ma~g:~ ;g"",~ \. oner Omega Environmental Services, Inc. Consultant By Maureen F';JTTPll fi-" '-. '7 / L/r}j~l1 . tl/l;\P-j~( Its Senior Engineer 3 I ~-W"TIT[Trn'~.,........,r..,.'..'..~;.:'i".'..., --'"~-,,~-~., !' r' . , ~. I' L- ~~~_4 OOAJ :01 Pt,2:~~.D.~~,:i.:,~_,,",. ;,.;j:'iiEijT ! ~ I o.....ega envi ronmental May 17, 1994 TO: City of Clearwater Utilities Department P.O. Box 4748 Clearwater, Florida 34618-4748 A TIN: Mr. Miles Ballog SUBJECf: Right of Entry for Contamination Assessment & Remedial Activities, City of Clearwater Utilities Department, 900 Chestnut Street, Clearwater, Omega Project No. 203-0151 Dear Mr. Ballog: Enclosed please find a completed Right of Entry for Contamination Assessment & Remedial Activities Form for the above referenced property. A site plan showing the locations of the three proposed monitoring wells is also attached along with a typical monitoring well construction detail and our proof of insurance. If you need any additional information or have any questions concerning this matter, please do not hesitate to contact Maureen Farrell at (813) 621-9101. Sincerely, OMEGA ENVIRONMENTAL SERVICES, 1Ne. 1Jl~ ,~ Maureen Farrell Senior Engineer 1i~~-~ Thomas H. Spohn Tampa Branch Manager -~- ENGH\\;:EPlr-lf~ G.or.'JP "- '.-"y -:r\\...J~ o o Jfd. (] HJM CJi V~?..~:S [.~ ~~~~) J (] nC'~j OTCJ OMH (} ~:r-t;'~ CJ C:H a ?J o C: R./W [J j:1 UL[~ o [k[,;'r/~ C) c~;~~~ C~ 1\',8 ClGA,i C1 f~-F8. c.,r'E q .PNR L~( {:JP O.W ~,1 tS it 4 COr-irs TO: I - . FlLE: The Total Compliance Company Omega Environmental Services, Inc. 3902 Corporex Park Dr., Suite 550, Bldg. C, Tampa, FL 33619 Phone 813.621.9101 / Fax 813.621.8759 Geologists, Scientists, & Engineers 24" 2" Sch. 40 SOLID WILOC PVC WELL CASING 20/30 SILICA SAND PACK 2" Sch. 40 0.010" SLOTTED TRILOC PVC SCREEN WELL POINT/SUMP "'" "'" "'" "'" "'" "'" PROTECTIVE STEEL MANHOLE COVER Ll 1.0' 1.0' 1.0' 10.0' CHECKED BY: DRAWN BY: GROUND SURFACE TOP OF CASING 13.0' CONCRETE PAD FLUSH MOUNT WELL COVER 24" ~ .~ Ll' Ll ~ .. ~ ~ TOP VIEW OF CROSS-SECTION TYPICAL MONITORING WELL DETAIL FORMER COURT STREET TEXACO 915 COURT STREET CLEARWATER, FLORIDA OMEGR ENVIRONMENTRL - jj SERVICES1 INC - 2999 ALL AMERICAN 80ULEVARD TELE: 407-298-1111 ORLANDO, FLORIDA 32810 FAX: 407-298-4455 SCALE: PROJECT No.: 203-0151 RLL N.T.S. tAF' REVISION DATE: 5/18/94 FIGURE No.: SITE PLANS IN FILE I I CITY OF CLEARWATER Interdepartment Correspondence Sheet TO: Janis Przywara, Assistant Legal Staff Assistant FROM: Miles G. Ballogg, Environmental Specialist Supervisor COPIES: Tom Miller, Asst. Director of PW/Environmental Terry Finch, Environmental Programs Supervisor John C. Scott, Asst. Dir./Adm. Svcs. SUBJECT: Right of Entry - City of Clearwater Utilities Department DATE: May 31, 1994 Please execute the attached "Right Of Entry For Contamination Assessment & Remedial Acti vi ties" for the City of Clearwater Utilities Department located at 900 Chestnut Street. Please forward a signed copy to me and I will forward the agreement to Omega International the requesting consultant. Omega International is performing a contamination assessment and remedial action on the property located at 915 Court Street which lies directly to the east of Utilities Department. The Florida Department of Environmental Protection (FDEP) has required that the vertical and horizontal extent of petroleum contamination from this site is delineated. In order to determine the extent of the contamination from this site and to determine if City property has been impacted, three monitor wells will be installed by Omega International on City Property (see attached diagram) . It is to the City's advantage to allow this assessment to insure that any contamination originating off-site is remediated by the responsible party. As you may be aware, the Right of Entry form has been approved by the Legal Department prior to distribution to OMEGA International. Please contact me at 6383 if further information or assistance is required. Your cooperation in this matter is greatly appreciated. roefcud.tnk RECE\\fEO JUN 0 11994 "' . IH. N~'( ClfY A \ \ <....1 ...... CER'FmI(C~n' €)]f'INS1U'R:Ai~€E' CSR:MA: 'ssUKJ)AncMiND~ ,~~)I~I.. .. · . . ii'. \, .\\ <<i" ~I~ ~~F1~~' IS ~ AS .'1ATIE;:=g<;'I;;"'RMATIO~5~~; AND Naughton Insurance Svcs.. Inc. CONFERS NO RIGHTS UPON TIlE CERTIFICATE HOLDER. mIS CERTIFICATE 2700 University Blvd. \J Bldg-a DOES NOT AMEND. EXTEND OR ALTER mE COVERAGE AFFORDED BY mE P. O. Box 10287 POLICIES BELOW. Jacksonville FL 32247-0287 John E. Oavis 904-448-9777 COMPANIES AFFORDING COVERAGE INlIUKIW COMPANY A I.EITER COMPANY B I.EITER COMPANY C I.EITER COMPANY D I.EITER COMPANY E I.EITER Pacific Employers Insurance Co ............ ................ Insurance Co. Of North America Associated Business & Commerce 1HIS IS TO CERTIFY 11fAT 11iE POllCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO 11iE INSURED NAMED ABOVE FOR THE POllCY PERIOD LNDlCATED. N01WI1lISTANDING ANY REQUIREMENT. TERM OR CONDmON OF ANY CONTRACT OR OTHER. DOCUMENTwrm RESPECT TO WHICH'IlIIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. 1HE INSURANCE AFFORDED BY nm POllCIES DESCRIBED HEREIN IS SUBfECT TO AU. TIm TERMs. l::XCLUSIONS "''I/O CONDmONS OF SUCH POllCIl!S. l.JMITS SHOWN MA Y KAVE BEEN REDUCED BY PAID CWMS. 1:0 LTk. TYI'K or IN8UMAI'ICE POUCY NUMIllUl POUCY l!:rn:CJ1Vl!:: POUCY EXPIRATION DATElMWDO/YYl DATE (MMIDDfYYl I.IMITS CKNKRAI. !.lABILITY A X COMMERCIAL GENaAI. lJABlL1I'Y 013868360 CLAIMS MADE. X 0CClJR. OWNER's 4 COln'RAcroR'SoPROT. . "'See Below X excluding: Absol ute Pollution, Designated Professional Serv 'ices and Asbestos ,'lrrOMORILE LIABILITY 09/13/93 09/13/94 :GENERALAOOREGATE ...... $......~.1.~~!?1.~~~........... .~~[)~~~~~.~~~....,.....~.......~.1.~~~'.~~!?.......... PERSONAL 4 ~V'Il'lJ~:'.. .....:. ~. ......~.~g.~~.~.~.~~.. EACH ~.~..............!.~.......~.!.~.~~.!.~.~~.... FIIlEO'~(lE.(~.~.~!.... ...$.............~.~1.~~.~.......... MED. EXl'ENSE CAay....ponmI : $ 5,000 8 x A/'lY AUTO AU. OWNED AUTOS SCHEDULSD AUTOS X HIRED Al11'OS X NON..oWNED AUTOS GAKAGE lJABlUl'Y H02177146 09/13/93 09/13/94 COMBINED SINGLE UMrr s 1,000,000 BOOa.y INJURY (Per_, $ BOOa.y INJURY . (Per___J :$ $250 Camp ~eductible $500 Coll ~eductible PROPERTY DAMAGE ,$ I!:XCESS LIABILITY UMBREU..A FORM OTHER THAN UMBRJ!U..A FORM C WOKKKK'S COMPENSATION 00214 01/01/94 12/31/94 .rr ATUTORY UMrrs... ... .:.@~fI{JtJ#tHnt:IJ~tfJ EACH ACClIlENT .... ......:. ~...........?~~.~.~.~~.... ..... ~PO~~~...........~...........?~~.!.~.~~.......... DISEASE-EACH EMPf..OYEB $ 500. 000 EACH OCCl.IRIUlNCE : ACiCiREGATE Al'ID D1l'LOvERS' LIABILITY OTIIKK 8 Installation (Sui lders Risk) 106053051 09/13/93 09/13/94 $150,000 $1,000 Deductible Ol!llC1UYl'ION or OPERATIONSll.OCATION9lVallCLllSiSPECIAL l1'IlMS CERTIFICATE. HOLDER .... ....(;ANCELLA-nON': SHOUUl Al4Y OF nfE ABOVE DESCRIBED POUCIES BE CANCEU.ED BEFORE nm EXPIRATION DATE THEREOF. 1HE ISSUING COMPANY WlU.ENDEAVOR TO ~ DAYS WRrn'EN NOTICE TO THE CERTIFICATE HaUlER NAMED TO 1HE LEFT'. BUT FAILURE TO MAlL SUCH N01lCE SHAll. IMPOSE NO OBUGATION OR llABlUTY OF AlIWlCINO UPON 1HE COMPANY. rrs.~ OR REPRESENTATIVES. AUTHORIZED RItPltESI!NTATtVE / P " / ,!/-\ ..J'i!1.~.E.qr.~:.~~~ r/0uUi. ~;"frj~iiXifONirm" ESSI Omega Inc. Attn: les Pettit 2999 All American Blvd. Orlando, FL 32810 ACORD 2S-S(7/9f1l