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BROWNFIELD SITE REHABILITATION AGREEMENT (2)IN RE: BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION City of Clearwater Clearwater Gas System - Former Manufactured Gas Plant 400 North Myrtle Avenue Clearwater, Pinellas County, Florida 33755 Clearwater Brownfield Area Brownfield Area Identification Number: BF529701000 Brownfield Site Identification Number: BF529701006 FDEP Facility Identification Number: COM_65207 OGC Tracking Number —17-1018 BROWNFIELD SITE REHABILITATION AGREEMENT PURSUANT TO §376.80(5), Florida Statutes (F.S.) WHEREAS, the Brownfields Redevelopment Act was enacted to reduce public health and environmental hazards on existing commercial and industrial sites by offering incentives to encourage responsible persons to voluntarily develop and implement cleanup plans; and WHEREAS, the Department of Environmental Protection ("Department") is the administrative agency of the State of Florida having the power and duty to protect Florida's environment and to administer and enforce the provisions of Chapters 403 and 376, F.S., and the rules promulgated thereunder, Chapters 62-777 and 62-780, Florida Administrative Code (F.A.C.), as amended; and WHEREAS, the Department has jurisdiction over the matters addressed in this Brownfield Site Rehabilitation Agreement ("BSRA"); and WHEREAS, the Department has the authority, pursuant to §376.81, F.S., to establish by rule, criteria for determining the rehabilitation program tasks that comprise a site rehabilitation program and the level at which a rehabilitation program task and a site rehabilitation program may be deemed complete; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed as follows: This BSRA is entered into between the Department and The City of Clearwater doing business as Clearwater Gas System hereinafter the Person Responsible For Brownfield Site Rehabilitation ("PRFBSR") (collectively referred to as the "parties"), for the rehabilitation of a brownfield site within a designated brownfield area pursuant to §376.80(5), F.S. The Department and the PRFBSR agree to the following: 096198.000001 6110883 79.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION The Department is the agency of the State of Florida with authority and power to enforce the provisions of Chapters 376 and 403, F.S. 2. PERSON RESPONSIBLE FOR BROWNFIELD SITE REHABILITATION The City of Clearwater is the PRFBSR as defined in §376.79(15), F.S., for the real property described in the map and legal description in Attachment A (the "Brownfield Site"), incorporated herein, that has been designated by the City of Clearwater in Resolution Number 97-57 approved October 16, 1997, and modified in Resolution Number 02-15 approved on March 7, 2002, as a brownfield area as defined in §376.79(5), F.S. Attachment A is a composite exhibit that includes: (a) the legal description and map of the Brownfield Site; and (b) the City of Clearwater Resolution Numbers 02-15 and 97-57 and with the map of the designated brownfield area and its legal description. The Brownfield Site consists of 7.46 acres. 3. PRFBSR'S DUTIES The PRFBSR agrees: (a) to conduct "site rehabilitation" of any "contaminated site(s)" as defined in §376.79, F.S., whose source originates on the real property described in Attachment A as the Brownfield Site. If such contaminated site(s) extend(s) beyond the boundary of the Brownfield Site, then PRFBSR agrees to conduct site rehabilitation to address the entire contaminated site; (b) to conduct site rehabilitation and submit technical reports and rehabilitation plans in a timely manner according to the attached brownfield site rehabilitation schedule agreed upon by the parties (see Attachment B), and incorporated herein; (c) to conduct site rehabilitation activities under the observation of professional engineers or professional geologists, as applicable, who are registered in accordance with the requirements of Chapters 471 or 492, F.S., respectively. Submittals provided by the PRFBSR must be signed and sealed by a professional engineer registered under Chapter 471, F.S., or by a professional geologist registered under Chapter 492, F.S., as applicable, certifying that the submittal and associated work comply with the laws and rules of the Department and those governing the profession. Upon completion of the approved remedial action, a professional engineer registered under Chapter 471, F.S., or a professional geologist registered under Chapter 492, F.S., as applicable, must certify that the corrective action was, to the best of his or her knowledge, completed in substantial conformance with the plans and specifications approved by the Department; Page 2 of 14 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 (d) to conduct site rehabilitation in accordance with Chapter 62-160, F.A.C., as the same may be amended from time to time; (e) to obtain any local, state or federal approvals or permits required for the site rehabilitation work and to conduct the necessary site rehabilitation consistent with local, state, and federal laws, rules and ordinances. All site rehabilitation shall be consistent with the cleanup criteria in §376.81, F.S., the requirements of Chapters 62-780, F.A.C., Contaminated Site Cleanup Criteria, and 62-777, F.A.C., Contaminant Cleanup Target Levels; (f) (g) to allow access by the Department during the entire site rehabilitation process, as evidenced by the attached documentation (see Attachment C) incorporated herein, establishing that such site access has been secured by agreement with the real property owner. Upon the transfer of any real property interest in any portion of the Brownfield Site before site rehabilitation is complete, the PRFBSR shall notify the Department within 15 days from the date that such an interest is effective. With notice the PRFBSR shall provide a copy of an access agreement in substantially the same form as that in Attachment C with any successor in interest to the real property owner of the Brownfield Site or with any party with a real property interest in the Brownfield Site after the effective date of this agreement, granting such access to the Department; and to consider appropriate pollution prevention measures and to implement those that the PRFBSR determines are reasonable and cost-effective, taking into account the ultimate use or uses of the real property described in Attachment A. Local pollution prevention programs as well as state pollution prevention programs are available to assist in determining pollution reduction measures. The Department recommends that the PRFBSR contact the Department's Pollution Prevention (P2)/Waste Reduction Program at (850) 245-8707 or visit the P2 web site at http://www.dep.state.fl.us/pollutionprevention/aboutus.htm for recommenda- tions on waste minimization and waste management and for assistance with pollution prevention measures. Such measures may include improved inventory or production controls and procedures for preventing loss, spills, and leaks of hazardous waste and materials, and include the goals for the reduction of releases of toxic materials. (h) that upon the execution of this BSRA the terms and conditions of Intergovernmental Agreement DEP OGC File No. 93-0230 (executed April 19, 1996), only as it pertains to corrective actions on the contaminated site(s) originating on the real property as described in Attachment A, will be held in abeyance and shall remain in abeyance, provided the PRFBSR is in compliance with the terms of the BSRA. In the event the Department determines that the PRFBSR is not in compliance with the terms and Page 3 of 14 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 conditions of this BSRA, subject to the provisions of Paragraphs 11 and 19 hereof, the PRFBSR agrees that the terms and conditions of the Intergovernmental Agreement shall return in full force and effect. 4. CERTIFICATION The PRFBSR is the local government with jurisdiction over the real property described in Attachment A. Therefore, the PRFBSR certifies that the proposed redevelopment complies with applicable laws and requirements for such redevelopment. Documentation provided that describes the proposed redevelop- ment is provided as Attachment D. 5. SITE CONTRACTOR The PRFBSR must ensure that the contractor who is performing the majority of the site rehabilitation program tasks pursuant to this BSRA or supervising the performance of such tasks by licensed subcontractors in accordance with the provisions of § 489.113(9), F.S., has provided certification to the Department that the contractor meets the requirements listed below. If the identity of the contractor is known at the time of the execution of this BSRA, a Brownfields Redevelopment Program Contractor Certification Form (CCF) shall be submitted as Attachment E to this BSRA. If the contractor has not yet been determined, the PRFBSR shall ensure that the CCF is submitted to the District Brownfield Coordinator and approved by the Department before the contractor begins performing any site rehabilitation tasks at the site. The PRFBSR must submit to the Department documentation as Attachment F, which shows a National Environmental Laboratory Accreditation Program ("NELAP")-recognized authority has accredited the laboratory(s) that will perform the analyses required by this agreement. Any contractor that performs site rehabilitation tasks at a contaminated site originating on the real property as described in Attachment A shall provide documentation in accordance with the provisions of the paragraph above and with Attachments E and F, if applicable, showing that any contractor that performs site rehabilitation tasks: (a) meets all certification and license requirements imposed by law; and (b) performs, or has laboratory analyses performed, pursuant to NELAP certification requirements and performs, or has field sampling work performed, in accordance with the Standard Operating Procedures provided in Chapter 62-160, F.A.C., as amended, if applicable to performance of site rehabilitation tasks. Page 4 of 14 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 6. CONTINUOUS COMPLIANCE During the entire site rehabilitation process, the PRFBSR agrees to ensure that the contractor continues to comply with the requirements of Paragraph 5 of this BSRA pursuant to the requirements of §376.80(6), F.S. 7 VOLUNTARY CLEANUP TAX CREDIT PROGRAM Not all activities that are approved or performed in association with a BSRA are eligible for the state's Voluntary Cleanup Tax Credit (VCTC). In accordance with Section 376.30781, F.S., only costs incurred and paid by the applicant that are either integral, necessary and required for site rehabilitation or for solid waste removal, are eligible for the VCTC. Contamination assessment or remediation paid for by the State of Florida for a discharge that is eligible for a state -funded cleanup under the Dry-cleaning Solvent Cleanup Program (DSCP) or one of the Petroleum Restoration Program's (PRP) eligibility programs, may not be used to calculate a tax credit. Likewise, expenses incurred that are statutorily -required to participate in the DSCP (i.e. deductibles) or one of the PRP eligibility programs (i.e. deductibles, review fees, limited contamination assessment reports, and co -payments), are not eligible for the state's VCTC. "Site rehabilitation" means the assessment of site contamination and the remediation activities that reduce the levels of contaminants at a site through accepted treatment methods to meet the cleanup target levels established for that site. For sites subject to the Resource Conservation and Recovery Act, as amended, the term includes removal, decontamination, and corrective action of releases of hazardous substances. "Solid waste removal" means removal of solid waste from the land surface or excavation of solid waste from below the land surface and removal of the solid waste from the brownfield site. Nothing contained herein is intended to limit the VCTC otherwise available to the PRFBSR under applicable law. General information about the VCTC Program is available at http://www.dep.state.fl.us/waste/categories/vctc/default.htm. For specific questions regarding the VCTC Program, please contact the Department's Waste Cleanup Program at (850) 245-8927. 8. ADVISORY COMMITTEE The PRFBSR shall establish an advisory committee pursuant to the requirements of §376.80(4), F.S., for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the brownfield area, future land use, local employment opportunities, community safety, and environmental justice. The advisory committee should include residents within or adjacent to the brownfield area, businesses operating within the brownfield area, and others deemed appropriate. However, if an appropriate local advisory committee already exists, this committee may be used for requesting public participation and for the purposes of complying with this paragraph. Page 5 of 14 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 The PRFBSR shall provide the advisory committee a copy of the final proposed draft BSRA and a copy of the executed BSRA. When the PRFBSR submits a site assessment report or the technical document containing the proposed course of action following site assessment to the Department or the local pollution control program for review, the PRFBSR shall hold a meeting or attend a regularly scheduled meeting to inform the advisory committee of the findings and recommendations in the site assessment report or the technical document containing the proposed course of action following site assessment. The names, addresses, contact numbers, and applicable affiliation for each advisory committee member is included as Attachment G. 9. INDEMNIFICATION The PRFBSR shall save and hold harmless and indemnify the Department against any and all liability, claims, judgments or costs of whatsoever kind and nature for injury to, or death of any person or persons and for the loss or damage to any property resulting from the use, service, operation or performance of work under the terms of this BSRA and from the negligent acts or omissions of the PRFBSR or its employees, agents, contractors, subcontractors, or other representatives, to the extent allowed by law. 10. LIABILITY PROTECTION The liability protection provided under §376.82, F.S., shall become effective upon execution of this BSRA and shall remain effective, provided the PRFBSR complies with the terms of this BSRA. 11. TERMINATION If the PRFBSR fails to comply with this BSRA, the Department shall notify the PRFBSR and allow 90 days for the PRFBSR to return to compliance with the provision at issue or to negotiate a modification to the BSRA with the Department for good cause shown. If an imminent hazard exists the 90 -day grace period shall not apply. If the project is not returned to compliance with this BSRA and a modification cannot be negotiated, the Department shall terminate this BSRA. The PRFBSR may terminate this BSRA at any time upon written notice to the Department. Termination of this BSRA by either party will revoke the immunity provision of §376.82, F.S. Upon termination of this BSRA, Intergovernmental Agreement DEP OGC File No. 93-0230 (executed April 19, 1996) will return immediately to full force and effect. Page 6 of 14 096198.000001 6110883 79.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 12. IMMINENT HAZARD Nothing herein shall be construed to limit the authority of the Department to undertake any action in response to, or to recover the costs of responding to, conditions at or from the real property described in Attachment A that require the Department to take action to abate an imminent hazard to the public health, welfare or the environment. 13. RELEASE OF LIABILITY Upon successful completion of this BSRA, as evidenced by the issuance of a Site Rehabilitation Completion Order (SRCO) for each contaminated site originating from the real property described in Attachment A, the PRFBSR and his or her successors and assigns, shall be relieved from further liability for site rehabilitation as described in paragraph 3.a. of this BSRA to the Department and third parties and of liability in contribution to any other party who has or may incur cleanup liability for the contaminated site(s). The Department will release the Respondent to Intergovernmental Agreement DEP OGC File No. 93-0230, and its successors and assigns, from its corrective action obligations pursuant to the Intergovernmental Agreement for the real property covered by this BSRA upon issuance of the Brownfields Site Rehabilitation Completion Order issued pursuant to this BSRA. This release of liability is subject to the reopener provisions of §376.82(3), F.S. 14. GOVERNING LAW This BSRA has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida and any applicable local regulations. Wherever possible, each provision of this BSRA shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this BSRA shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this BSRA. Any action hereon or in connection herewith shall be brought in Pinellas County, Florida. 15. SUBMITTALS The PRFBSR shall submit one hard (paper) copy or one electronic (digital) copy of any certifications or documentation required in Paragraph 5 ("Site Contractor") above, and all data, reports, responses, addenda, or modifications to reports and plans required by this BSRA to: Manisa Angulo, P.E. Brownfields Coordinator Florida Department of Environmental Protection, Southwest District Page 7 of 14 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 13051 North Telecom Parkway Temple Terrace, Florida 33637-0926 813-470-5757 The Department encourages the submittal of documents for review in an electronic format rather than the submittal of paper copies. All electronic copies of documents shall be in the format listed in Section 5 of the Instructions and attached as Attachment H. Time frames for the Department's review of technical reports and plans and submittal of documents by the PRFBSR shall be governed by the attached schedule (see Attachment B), incorporated herein. After final Department approval of each report or plan, an electronic copy shall be submitted to the Department within 30 days. The electronic copy of the report shall be submitted in the format listed in Attachment H. 16. DOCUMENT REVIEW During the site rehabilitation process, if the Department fails to complete the review of a technical document within the time frame specified in this BSRA, with the exceptions of "no further action proposals," "monitoring only proposals," and feasibility studies, which must be approved prior to implementation, the PRFBSR may proceed to the next site rehabilitation task. However, the PRFBSR does so at its own risk and may be required by the Department to complete additional work on a previous task. 17. ASSIGNMENT The PRFBSR shall not assign any rights or responsibilities under this BSRA to any other party without the written consent of the Department and the local government with jurisdiction over the real property described in Attachment A. However, the Department shall not withhold its consent to such an assignment if: (a) the proposed assignee meets all of the eligibility criteria under §376.82, F.S.; (b) the proposed assignee has agreed, in writing, to assume all obligations of the PRFBSR under the terms of this Agreement; and (c) the assignment of PRFBSR obligations under any agreement with the local government with jurisdiction over the real property has been approved, in writing, by the local government. 18. WAIVER By entering into this BSRA, the PRFBSR waives its right to challenge the contents of this BSRA in an administrative hearing afforded by §120.569 and §120.57, F.S., or an appeal afforded by the terms of §120.68, F.S. This BSRA does not deny the PRFBSR a right to challenge the Department's actions taken pursuant to this BSRA. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this BSRA, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed Page 8 of 14 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 as a waiver of any such breach or default, or any similar breach or default thereafter. 19. EFFECTIVE DATE AND ADMINISTRATIVE HEARING This BSRA (Order) is final and effective on the date of execution unless a timely petition for an administrative hearing is filed under §§120.569 and 120.57, F.S., within 21 days after the date of receipt of notice of agency action. Upon the timely filing of such petition, this BSRA will not be effective until further order of the Department. The liability protection for the PRFBSR pursuant to §376.82(2), F.S., becomes effective upon execution of the brownfield site rehabilitation agreement. The procedures for petitioning a hearing are set forth below. Persons other than the PRFBSR who are affected by this BSRA have the following options: (a) If you choose to accept the Department's decision regarding this BSRA, you do not have to do anything. This BSRA is final and effective 21 days after the date of execution. (b) If you choose to challenge the Department's decision, you may do the following: (i) File a request for an extension of time to file a petition for hearing with the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this BSRA; such a request should be made if you wish to meet with the Department in an attempt to informally resolve any disputes without first filing a petition for hearing. Or (ii) File a petition for administrative hearing with the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this BSRA. Please be advised that mediation of this decision pursuant to §120.573, F.S., is not available. How to Request an Extension of Time to File a Petition for Hearing: For good cause shown, pursuant to Rule 62-110.106(4), F.A.C., the Department may grant a request for an extension of time to file a petition for Page 9 of 14 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 hearing. Such a request shall be filed with (received by) the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this BSRA. Petitioner shall mail a copy of the request to the PRFBSR at the time of filing. Timely filing a request for an extension of time tolls the time period within which a petition for administrative hearing must be made. How to File a Petition for Administrative Hearing: A person whose substantial interests are affected by this BSRA may petition for an administrative proceeding (hearing) under §§120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed with (received by) the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this BSRA. Petitioner shall mail a copy of the petition to the PRFBSR at the time of filing. Failure to file a petition within this time period shall constitute a waiver of any right to request an administrative proceeding under Chapter 120, F.S. Pursuant to §120.569(2), F.S., and Rule 28-106.201, F.A.C., a petition for administrative hearing shall contain the following information: 1. The name, address, any e-mail address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner's representative, if any; the PRFBSR's name and address; the Department's Brownfield Area and Brownfield Site Identification Numbers; and the name and address of the Brownfield Site; the name and address of each agency affected; 2. A statement of when and how each petitioner received notice of the Department's action or proposed action; 3. An explanation of how each petitioner's substantial interests will be affected by the Department's action or proposed action; 4. A statement of the disputed issues of material fact, or a statement that there are no disputed facts; 5. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the Department's action or proposed action; 6. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department's action or proposed Page 10 of 14 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 action, including an explanation of how the alleged facts relate to the specific rules or statutes; and 7. A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department's action or proposed action. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department's final action may be different from the position taken by it in this BSRA. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. 20. JUDICIAL REVIEW Except for the PRFBSR, any party has the right to seek judicial review of this BSRA under §120.68, F.S., by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The notice of appeal must be filed within 30 days after this BSRA is filed with the clerk of the Department (see below). 21. CONTACTS FOR GENERAL AND LEGAL QUESTIONS Any questions about the content of this BSRA, the Department's review of the BSRA, or technical questions should be directed to the Department's District Brownfields Coordinator at: Manisa Angulo, P.E. Brownfields Coordinator Florida Department of Environmental Protection, Southwest District 13051 North Telecom Parkway Temple Terrace, Florida 33637-0926 813-470-5757 or to the PRFBSR's representative at: Brian Langille, PE, CEM Assistant Director Clearwater Gas System 400 North Myrtle Avenue Clearwater, Florida 33755 Page 11 of 14 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 727-562-4911 Questions regarding legal issues should be referred to the Department's Brownfields Program Attorney in the Office of General Counsel at (850) 245-2242. Contact with any of the above does not constitute a petition for administrative hearing or request for an extension of time to file a petition for administrative hearing. 22. ENTIRETY OF AGREEMENT This BSRA represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this BSRA shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this BSRA, unless otherwise provided herein. Page 12 of 14 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID#BF529701006 IN WITNESS WHEREOF, each of the parties has made and executed this Brownfield Site Rehabilitation Agreement on the date set forth for each signature of each representative below: Mary Yeargan, Director Southwest District, State of Florida Department of Environmental Protection, and William Horne, City Manager, City of Clearwater for the Person Responsible for Brownfield Site Rehabilitation. The persons shown below are duly authorized to execute same. PERSONS RESPONSIBLE FOR STATE OF FLORIDA BROWNFIELD SITE REHABILITATION DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF CLEARWATER By: wx' -U�- By: William Horne Mary Y-- arah City Manager Florida Department of Environmental Clearwater City Hall, 3rd Floor Protection 112 S. Osceola Ave. Director, Southwest District Clearwater, FL 33766 13051 N. Telecom Parkway 727-562-4040 Temple Terrace, FL 33637 813-470-5700 Date: A.VtOZI)t.- Date: /A i I el Approved�s to form and legality: r `6 _. 12-19-17 OGC, FDEP Attorney FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to §120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk (or Deputy Clerk) Date: December 19, 2017 cc: Lisa M. Duchene, FDEP Brownfields Program Attorney Justin Cross, FDEP Government Analyst Carrie L. Kruchell, FDEP Brownfields Program Manager Yanisa Angulo, Brownfields District Coordinator, FDEP Southwest District William L. Pence/Kristina R. Ramsey, BakerHostetler 09619&00000 1611 OS83792 Page 13 of 14 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 List of Attachments Attachment A Local Government Resolution for the Brownfield Area and Map and Legal Description of the Brownfield Site Attachment B Brownfield Site Rehabilitation Schedule Attachment C Site Access Agreement Attachment D Documentation Describing Proposed Redevelopment Attachment E Contractor Certification Form Attachment F Quality Assurance Certificate Attachment G Advisory Committee Members Attachment H Format for Submittal of Technical Documents Page 14 of 14 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Attachment A Local Government Resolution for the Brownfield Area and Map and Legal Description of the Brownfield Site A-1 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 RESOLUTION NO. 02-15 A RESOLUTION OF THE CITE OF CLEARWATER, FLORIDA, MAKING FINDINGS; AMENDING THE BOUNDARIES OF A BROWNFIELD AREA PREVIOUSLY DESIGNATED BY RESOLUTION NO. 97-57 WITHIN THE' CITY OF CLEARWATER FOR THE PURPOSE OF ENVIRONMENTAL REHABIUTATION AND ECONOMIC DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater previously adopted Resolution No. 97-57 designating a Brownfield Area for the purpose of environmental remediation and economic development for such area; and WHEREAS, it is advisable to amend the designated Brownfields area to be geographically coincident with the subsequently adopted Enterprise Zone area; and WHEREAS, the requirements set forth in Florida Statutes Section 376.80 are met, the procedures set forth in Florida Statutes Section 168.041 have been followed, and proper notice has been provided in accordance with Florida Statutes Sections 376.80(1) and 166.041(3)(c)2.; now, therefore, BE IT RESOLVED BY THE CITY CONNISSION OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The City Commission finds the preamble hereof to be true and correct. Section 2. The Brownfield Area previously designated by Resolution No. 97-57 is hereby amended to correspond to the area depicted on Exhibit A, attached hereto and incorporated herein by reference, for purposes of rehabilitation pursuant to Florida Statutes Sections 376.77-376.875. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 7th day of March Approved as to form: 1 t r•/!f Leslie K. Douga Assistant City Attomey , 2002. $rian J. A Aungst01149 Mayor -Commissioner Attest: A-2 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 III L■= - _ _ II I AV ��� i �1 Vel �W 4 11 1 �I11' Wall L! =- Q ;i-9ifir IMO Mit...111.1 `I 111 ION Ma 1 LI'iij1 r; 1 II -t -- Cli --= l'alMEM ;ManiMEM A-3 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 ECONOMIC DEVELOPMENT TEAM December 12, 1997 CITY OF CLEARWATER Mr. Roger B. Register, Brownfields Liaison Department of Environmental Protection Bureau of Waste Cleanup M.S. 4505 309 M 2600 Blair Stone Road Tallahassee, Fl 32399-2400 POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 CITY HALL, 112 Sour+ OSCEOLA AVENUE. CLEAR'ATER, FLORIDA 33756 TttaPllort (813) 562-4220 FAe (813)-5624052 Bureau of Waste CIeanuo DEC 16 1997 Bureau Chief's Oboe Subject: Clearwater Brownfields Area Resolution and State Designation Dear Mr. Register: The City of Clearwater, in accordance with Florida Statutes Sections 376.77-376.84, has adopted Resolution No. 97-57 which was approved by the City Commission on October 16, 1997 (see attached signed copy). This resolution creates the State approved City of Clearwater Brownfields Area. The intent of this designation is to offer Brownfields benefits to stimulate redevelopment within this State and Federal designated Brownfields area. The City of Clearwater shall be the entity responsible for Brownfields site rehabilitation pursuant to Florida Statutes Section 376.80(3). However, such designation shall not render the City of Clearwater liable for costs of site rehabilitation or source removal, as those terms defined in Florida Statutes Section 376.79(14) and (15), or for any other costs, above and beyond those costs attributable to the City's role as administrator of a Brownfields site rehabilitation program or as a property owner within the designated Brownfields Area. Please confirm the receipt of this notification and let me know if any additional information or clarification is required. Respectfully, Miles G. Ballogg Clearwater Brownfields Coordinator cc: Mary Helen Blakeslee. OTTED Mr. Robert Keller, Asst. City Manager Ms. Leslie K. Dougall -Sides, Asst. City Attorney Enclosures "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" A-4 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 RESOLUTION NO. 97-57 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, MAKING FINDINGS; DESIGNATING A BROWNFIELD AREA WITHIN THE CITY OF CLEARWATER FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION AND ECONOMIC DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida has provided. in Ch. 97-277, Laws of Florida, codified at Florida Statutes Sections 376.77-376.84, for the designation by resolution of certain contiguous areas consisting of one or more Brownfields sites as "Brownfields Areas", and for the corresponding provision of environmental remediation and economic development for such areas; and WHEREAS, the City of Clearwater wishes to notify the Florida Department of Environmental Protection of its decision to designate a Brownfield Area for rehabilitation for purposes of Sections 376.77-376.84; and WHEREAS, the City of Clearwater has previously designated a Brownfield Pilot Project pursuant to the Environmental Protection Agency Brownfields Initiative, the delineation of which is identical to the area proposed for designation under Sections 376.77-376.84; and WHEREAS, although the designated area is identical to the EPA -designated Brownfield Pilot Project, the City of Clearwater has additionally considered the criteria set forth in Florida Statutes Section 376.80(2)(a)1.-4., namely, whether the proposed Brownfield Area warrants economic development and has a reasonable potential for such activities, whether the Area represents a reasonably focused approach and is not overly large in geographic coverage, whether the Area has potential to interest the private sector in participating in rehabilitation, and whether the Area contains sites or parts of sites suitable for limited recreational open space, cultural, or historical preservation purposes; and WHEREAS, the procedures set forth in Florida Statutes Section 166.041 have been followed, and proper notice has been provided in accordance with Florida Statutes Sections 376.80(1) and 166.041(3)(c)2.; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA. Section 1. The City Commission finds the preamble hereof to be true and correct. Section 2. The area depicted on Exhibit A. attached hereto and incorporated herein by reference, is hereby designated as a Brownfield Area for rehabilitation for the purposes of Florida Statutes Sections 376.77-376.84. The City of Clearwater shall be the entity responsible for Brownfield site rehabilitation pursuant to Florida Statutes Section 376.80(3). However, such designation shall not render the City of Clearwater liable for costs of site rehabilitation or source removal, as those terms are defined in Florida Resolution No. 97.67 A-5 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 purposes of Florida Statutes Sections 376.77-376.84. The City of Clearwater shall be the entity responsible for Brownfield site rehabilitation pursuant to Florida Statutes Section 376.80(3). However, such designation shall not render the City of Clearwater liable for costs of site rehabilitation or source removal, as those terms are defined in Florida Statutes Section 376.79(14) and (15), or for any other costs, above and beyond those costs attributable to the City's role as administrator of a Brownfields site rehabilitation program and as a property owner within the designated Brownfield Area. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 16th day of October ,1997. Approved as to form: Leslie K. Dougal -S' ': Assistant City Attomey Rita Garvey Mayor -Commissioner Attest Cyn City E Goudeau Resolution Ho. 9747 A-6 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 -r LEGAL OESGRPTICk Begin at the intersection of the west right-of-way foe on N. Fort Harrison Amu, and the easterly extension of etc north right-of-way fine of Sunset Pont Root Mena southerly along said .est right-of-.oy rne of fort Harrison Avenue, to a point of ntersection with the easterly rne of Pinellas Troi; thence confine southerly along sooid easterly fele of the Pinefos Troll to a pont an the westery extension of the south right-of-way five of Beni Rom thence easterly Bang said south IV -of -way the of Beim Rood to the east risist-of-woy line of Missouri Avenue; thence northerly along said east right-of-way the to the north right-of-way lire of Orew Street thence easterly dm said north right-of-way fine to the east right-of-way foe of,Betty Love; thence northerly along said east 'Of -of -way line to the easterly extension of the oath right -Of -troy line of Laldyn Street thence westerly dent said north right-of-way Ine and its extension to its nterseetion with the east right-of-way fine of Overtook Avenue: thence northwesterly dong said easterly right-of-way fine to o point of intersection with tete southerly right-of-way kve of Brook Rood; thence northwesterly to the pont of intersection of the west right-of-.oy line of ffoshngton Avenue and the north right-of-way Ine of Stevenson Avenue; thence northwesterly dog north right-o1-.oy lire of Stevenson Avenue to the north right-of-way Ine of Sunset Pont Rood: thence westwly dog said north right-of-way rne of Sunset Paint Rood to the Point 0f Begnnng. Together with all properties abuttig this fine. Less and except those properties not it the city limas'. of peorwoter A-7 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Attachment B Brownfield Site Rehabilitation Schedule Type of Report or Activity PRFBSR Action or Submittal Time Frames Department Review or Comment Time frames Notice of Interim Source Removal Action or Emergency Response Action situations. Within 24 hours of initiation of the action. No comment required. Interim Source Removal Proposal When seeking approval before implementation of an alternative product recovery method, groundwater recovery, soil treatment or disposal technique (see Rule 62-780.500). Within 30 days of receipt. Interim Source Removal Plan When seeking approval before implementation of an alternative product recovery method, groundwater recovery, soil treatment or disposal technique (62-780.500, F.A.C.) Within 30 days of receipt. Interim Source Removal Status Report Within 60 days of completion of source removal activities and every 60 days thereafter or when the field activity is terminated, whichever occurs first. No comment required. Interim Source Removal Report Within 60 days of completion of interim source removal activities. Within 60 days of receipt. Site Rehabilitation Plan (SRP) or Combined Document; (Optional submittal) (See Rule 62-780.450, F.A.C.) Optional: SRP submitted within 270 days of executing BSRA. May include multiple tasks. Within 60 days of receipt. Site Assessment Report (SAR) SAR submitted within 270 days of executing BSRA. Within 60 days of receipt. Risk Assessment Report (RAR) Optional: (within 60 days of SAR approval.) Within 90 days of receipt. No Further Action (NFA) Proposal When the site meets the criteria for NFA (See Rule 62-780.680, F.A.C.). Within 60 days of receipt. Well Survey and Sampling Results pursuant to paragraph 62-780.600(3)(h), F.A.C. Within 60 days of discovery of contamination beyond the property boundaries Within 60 days of receipt. Natural Attenuation with Monitoring (NAM) Plan When the site meets the criteria for Natural Attenuation with Monitoring (See Rule 62-780.690, F.A.C.). Within 60 days of receipt. Natural Attenuation with Monitoring (NAM) Report Within 60 days of sample collection. No comment required. Remedial Action Plan (RAP) Within 90 days of approval of a SRP, SAR or RAR. Within 60 days of receipt. As -Built Drawings Within 120 days of initiating operation of the active remediation system. No comment required. Initiate Operation of Active Remedial Action Within 120 days of RAP approval. No comment required. Proposals submitted pursuant to subsection 62-780.700(15), F.A.C. Optional during active remediation Within 60 days of receipt Remedial Action Status Report (Monthly or quarterly status reports may be required for submittal - - depending on site conditions and Advisory Committee.) Within 60 days of the anniversary date of initiating operation of active remediation system. No comment required. B-1 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Type of Report or Activity PRFBSR Action or Submittal Time Frames Department Review or Comment Time frames Post Active Remediation Monitoring (PARM) Plan When the site meets the criteria for NFA (see Rule 62-780.680) or Leveling -Off (see Rule 62-780.700(17)) Within 60 days of receipt. Post Active Remediation Monitoring (PARM) Report Within 60 days of sample collection. No comment required. Leveling Off Determination Within 60 days of sample collection. Within 60 days of receipt. Post Active Remediation Monitoring (PARM) Plan resampling proposal (Rule 62-780.750(4)(e), F.A.C. Within 60 days of sample collection. Within 60 days of receipt. Site Rehabilitation Completion Report (SRCR) Within 60 days of the final sampling event. If SRCR not approved then submit modifications, etc. within 60 days of Department's response. Within 60 days of receipt. If the brownfield site meets the requirements of Chapter 62-780, F.A.C. for the issuance of a SRCO, a SRCO will be issued. Pilot Study Work Plan When seeking approval before implementation of a Pilot Study pursuant to Rule 62-780.700(2), F.A.C. Within 60 days of receipt. Notices for Field Activities except for Start of Interim Source Removal or Emergency Response Action situations. Within seven (7) days but not less than 24 hours prior notice to the Department to perform field activity. No comment required. Submittal to the Department of addenda, responses, or modification to plans or reports, pursuant to Chapter 62-780, F.A.C. Within 60 days of receipt of the Department's response. Within the same time frame for review of the original submittal. Submittal of Form and Actual Notice required in subsection 62-780.220(2), F.A.C. See text of rule for "Initial Notice of Contamination Beyond Property Boundaries" in subsection 62-780.220(2), F.A.C. No comment required. Submittal of Actual and Constructive Notice required in subsection 62-780.220(3), F.A.C. See text of rule for "Subsequent Notice of Contamination Beyond Source Property Boundaries for Establishment of a Temporary Point of Compliance (TPOC)" in subsection 62-780.220(3), F.A.C. No comment required. Submittal of proof of Constructive Notice required in subsection 62- 780.680(8), F.A.C. When seeking an SRCO with conditions, the PRFBSR must provide constructive notice of the Department's intent to approve a no Further Action Proposal with controls. No comment required. B-2 096198.000001 6110883 79.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Attachment C Site Access Agreement Brownfield Site Rehabilitation Agreement Site Access Agreement 400 North Myrtle Avenue Clearwater, Pinellas County, Florida Page 1 of 2 SITE ACCESS AGREEMENT PERMISSION TO ENTER PROPERTY BROWNFIELDS REDEVELOPMENT PROGRAM Attachment C 1. The City of Clearwater, the real property owner ("undersigned" or "owner"), hereby grants permission to the State of Florida, Department of Environmental Protection ("Department") and its agents and subcontractors to enter the undersigned's property ("the property") located at 400 North Myrtle Avenue, Clearwater, Pinellas County, Florida, as described in Attachment A attached to the BSRA for the brownfield site assigned the Brownfield Site Identification Number BF529701006, beginning on the date of execution of the BSRA and ending on such date as deemed appropriate by the Department or the successful completion of the BSRA, whichever occurs first. 2. This permission is contemplated to be used for the following activities that may be performed by the Department, its agents, representatives or subcontractors: a. Having access to areas where contamination may exist. b. Investigation of soil and groundwater including, but not limited to, the installation of groundwater monitoring wells, the use of geophysical equipment, the use of an auger for collection of soil and sediment samples, the logging of existing wells, videotaping, preparation of site sketches, taking photographs, any testing or sampling of groundwater, soil, surface water, sediments, air, and other materials deemed appropriate by the Department and the like. c. Removal, treatment and/or disposal of contaminated soil and water, which may include the installation of recovery wells or other treatment systems. 3. Upon completion of the investigation, the Department will restore the property as near as practicable to its condition immediately prior to the commencement of such activities. 4. The granting of this permission by the undersigned is not intended, nor should it be construed, as an admission of liability on the part of the undersigned or the undersigned's successors and assigns for any contamination discovered on the property. 5. The Department, its agents, representatives or subcontractors may enter the property during normal business hours and may also make special arrangements to enter the property at other times after agreement from the undersigned. 6. The Department acknowledges and accepts any responsibility it may have under applicable law (Section 768.28, Florida Statutes) for damages caused by the acts of its employees acting within the scope of their employment while on the property. C-1 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreenjent Brownfield Site ID'"BF529701006 Brownfield Site Rehabilitation Agreenient Site Access Agmement, 400 Nor-ill Myrtle Avenue Cleamvater, Pinellas County, Florida Page 2 of 2 7. In exercising its access privileges, the Department will take reasonable steps not to interfere Nvith the Owner's operations,or the rernediation and redevelopment activities pursuant to the BSRA C'Itv of Clearwater k) Signature of Real Property Owner Signature of Witness r'i, Print Naine: Williani Horne Print Name: Rbscrvar-i Title, ifapplicable: Cit_YM.qD4gqT /q Lj-�q iv& -7 D a I / Date Accepted by the Department by the followingauthorized agent: 911aAltre Ooepartrni repwseviultive Signature of Witness Print Naine a C A-I___'� Print Name: 01 ce CA" Title of'Departnient representative ................. Nate Date C-2 096198 MCM 1 611088379,2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Attachment D Documentation Describing the Proposed Redevelopment The proposed redevelopment is for expanded current uses associated with the operations of Clearwater Gas System. A copy of the June 2017 proposed Site Plan is provided below. The Person Responsible For Brownfield Site Rehabilitation and the local government with jurisdiction are the same entity. D-1 096198.000001 611088379.2 E VD 4t L' ~ ° °, 44 w In R MI 4 It 1-• CA 40 1:3 ° 3 3 Ua1aq NVId 311S11V213N0 v v 10. 001 RI AC NVId 311811Yd3A0O Y1.03MLNW19 moo 1011411111 0N3D3131CNA3¢ • 11.1111 IPIA 401 .10 r w� • IA 1.1.10.0.1.1001 91pMn2fgM • ¢21011 Wel UN 111Y310 ,3rwvkai mationcmvom %BIM31rnNe110N(g13MONNnTw 'V 70101101114161 9701113135 V 940014Y001104 was 03eu YYl3323 M N tom • eas NgUI V 0311 NY1 d 311 9 N 31 0.1130.14 31 W (311 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Attachment E Contractor Certification Form FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOB MARTINEZ CENTER 2600 BLAIRSTONE ROAD TALLAHASSEE. FLORIDA 32399-2400 RICK SCOTT GOVERNOR CARLOS LOPEZ-CANTER A LT. GOVERNOR JONATiiAN P. STEVERSON SECRETARY CONTRACTOR CERTIFICATION FORM Brownfields Redevelopment Program Contractor Name Geasyntec Consultants, Inc. Date: July 31, 3017 Contractor Address: 13101 Telecom Drive, Temple Terrace, Florida 33637 Contact Name: Andrew P. Brey, PG !Jim Langenbach, PE, BCEE Phone No.: 813379.4377 Fax No.: 813-558-9726 Brownfield Site ID #: BF529701006 (to be assigned) Contractor Certifies by Checking All Appropriate Boxes: 1. It meets all certification and license requirements imposed by law. 2. it performs or contracts laboratory analysis pursuant to National Environmental Laboratory Accreditation Program certification requirements and performs or contracts field -sampling work in accordance with the Standard Operating Procedures for Field Activities pursuant to Chapter 62-160, Florida Administrative Code. 3. It complies with all applicable OSHA regulations. 4. Has the capacity to perform the majority of the site rehabilitation program tasks pursuant to a brownfield site rehabilitation agreement or supervise the performance of such tasks by licensed subcontractors in accordance with Section 489.113(9), F.S. The person named below by signing as an "Officer of the Company" hereby certifies to the Florida Department of Environmental Protection (FDEP) that the Contractor named above meets the requirements for contractors participating in the Brownfields Redevelopment Program [Sections 376.80(6) and (7), Florida Statutes (F.S.)]: Yes No 0 - ❑ ❑ 17 neef and Date Signed Print Name of of the Company r r' Offic - ` the Company Vic tietair6Hr Title of Officer of the CompALany This form will be kept on file by the FDEP District office. Contractors must immediately notify the FDEP (Brownfields District Coordinator) of any change in the above criteria. The FDEP may order a suspension or cessation of work for failure of a contractor to maintain their required certification. Please return this form to the appropriate District Brownfields Coordinator. 610721676,1 E-1 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Client# 25361 GEOSCONS ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATEIMMADNYYY) 3/16/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rlghts to the certificate holder In ileu of such endorsement(s). PRODUCER rcigO EAC- Carly Underwood Greyling Ins. Brokerage/EPIC PHONE 770.552.4225I FAX; No 866.550.4082 (A/C, No, Est): (ARC 3780 Mansell Road, Suite 370 "'^ ca UnderwoodFr,r.re hn com ADDRESS: „y. G5 y g• Alpharetta, GA 30022 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: National Union Fire Ins. Co. 19445 INSUREDINSURER B: Aspen American Insurance Com pan 43460 Geosyntec Consultants, Inc. INSURER C: New Hampshire Ins. Co. 23841 900 Broken Sound Parkway NW, Suite 200 INSURER D: Allianz Undeiwnters Insurance 36420 Boca Raton, FL 33487 INSURER. E : INSURER F <: COVERAGES CERTIFICATE NUMBER: 17-18 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEENISSUED TO THE INSURED. NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES: UMITS SHOWN MAY HAW BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL 4SR SUBR ',WD POLICY NUMBER POLICY EFF (MIDDIYYYY) POLICY EXP (MM/DDI/YYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 5268179 04101/2017 04/01/2018 EACHOCCURRENCE$.1,000,000 CLAMS I XI OCCUR FREMISES(Ee ence) $500,000 -MADE MED EXP(NIS one Person) s25,000 PERSONAL&ADV INJURY .$1,000,000 GEN_ AGGREGATE. LIMIT APPLIES. PER. GENERAL AGGREGATE $2,000,000 POLICY X. JR"EQ X LOC1 PRODUCTS -COMP/OP AGG $2,000,000 OTHER $ A AUTOMOBLELIABILIT/ 4489673 (AOS) 0410//2017 0410112018 ?gmBirdONSNGLE LIMIT 31 ,000,000 A X ANY AUTO_ 4489874 (MA) 04101/2017 04/01/201: BODILY INJJRY:(Per -person) $ — ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS HIRED AUTOS ALTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per ecddentl $ _ B X UMBRELLA LIAB X OCCUR CX005GA17 0410112017 04/01/2018 EACH OCCURRENCE $10s000 000 EXCESS LAB CLAIMS -MADE AGGREGATE 510,000,000 DED 1 X1 RETENT ON $0 $ C WORKERS COMPENSATION 15893709 (AOS) 04N1/20t7 04/0112018 X IPSEAn rF 1 1°4 -H - A AND LIABILITY ANY PROPRIETOR,pARTNER/EXECUTIVE Y/N 15893710 (CA) E L EACH ACCIDENT $1,000,000 C OrFICERMIEMBEREXCLUDED? I N1 (Mandatory In NH) N/A 15893711 (ME) EL DISEASE-EAEMPLOYEE $1,000,000 If yes, descnbe. under DESCRPT ION OFOPERATIONS belav E . DISEASE -POLCY LIMIT .$1.,000,000 D Professional Liab /Contractors Pollution Liab EIL2008657 04/01/2017 04/01/2018 Per Claim $8,000,000 Aggregate $10,000,000 DESCRIPTION OF OPERATORS 1 LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule., may be aMzched limos apace Is required) RE BROWNFIELD REDEVELOPMENT PROGRAM; B/FJ0539.01. STATE OF FLORIDA, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY, AUTO LIABILITY, AND UMBRELLA COVERAGE. CERTIFICATE HOLDER CANCELLATION FLORIDA DEPARTMENT OFENVIRONMENTAL PROTECTION 2600 BLAIR STONE ROAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE Wrni THE POLICY PROVISIONS. TALLAHASSEE, FL 32399-0000 I AUTHORIZED REPRESENTATIVE 01988-2014 ACORD CORPORATION: All rights reserved. ACORD 25 (2014/01) 1 of 1 TheACORD name and logo are registered marks of ACORD #5675356/M674575 CUND1 E-2 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 BOB MARTINEZ CENTER 2600 BLAIRSTONE ROAD TALLAILASSEE, FLORIDA 32399-2400 CONTRACTOR CERTIFICATION FORM Brownfields Redevelopment Program CARLOS LOPT,Z-CANTERA LT. GOVERNOR JONATHAN P. STEVERSON SECRETARY Contractor Name Walbridge Date: 8/03/2017 Contractor Address: 9942 Currie Davis Dr., Suite H, Tampa, FL 33619 Contact Name: Tim Sewell Phone No.: 813-334-2818 Fax No.: 313-234-0838 Brownfield Site ID #: Contractor Certifies by Checking All Appropriate Boxes: 1. It meets all certification and license requirements imposed by law. 2,u s or contracts laboratory analysis pursuant to National BF r� III." Laboratory Accreditation Program certification requirements and performs or contracts field -sampling work in accordance with the Standard Operating Procedures for Field Activities pursuant to Chapter 62-160, Florida Administrative Code. 3. It complies with all applicable OSHA regulations. 4. Has the capacity to perform the majority of the site rehabilitation program tasks pursuant to a brownfield site rehabilitation agreement or supervise the performance of such tasks by licensed subcontractors in accordance with Section 489.113(9), F.S. The person named below by signing as an `Officer of the Company" hereby certifies to the Florida Department of Environmental Protection (FDEP) that the Contractor named above meets the requirements for contractors participating in t +wnfields Redevelopment Program [Sections Yes V o n 376.80(6) and (7), Florida Statutes (F.S.)1: Tim Sewell Signature of Officer of the Company and Date Signed Print Name of Officer of the Company Vice President FL Operations Title of Officer of the Company This form will be kept on file by the FDEP District office. Contractors must immediately notify the FDEP (Brownfields District Coordinator) of any change in the above criteria. The FDEP may order a suspension or cessation of work for failure of a contractor to maintain their required certification. E-3 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 AC Rt7 D' CERTIFICATE OF LIABILITY INSURANCE DATE IM VWVYYY) 1/1/20188/2/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. Y SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such s). PRDDIRINIt LDCktan CU Dies 414 W.4701 Street Suite 900 Kansas City MO 64112-1906 (816) 960-9000 CCRITACTNAME PHONE I a. E IawL ADDRESS: INSULAE S)AP ORDmoCOVERAGE 0CC INSURER A: Travelers Property Casualty Co ofAmcrica 25674 INSDReo WALBRIDGE 1347929 9942 CURRIE DAVIS DRIVE TAMPA FL 33619 INSURER a : The Travelers Indemnity Company 25658 sauna c : Travelers Indemnity Co of CT 25682 Mamie D : Westchester Fire Insurance Company 10030 MUM E: 8 2,000,000 INSURER F: QAIuaMAOE n OCCURPRIMMER COVERAGES CERTIFICATE NUMBER: 14879233 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MLIR MR. TYPE OF INSURANCE NTOLIRIINC RED IRID POLICY NUMMI POIJCY IMF GRODIYYYYI. POLICIES. aNM arrrro UMTS A X CC.MN RWLoen+ERALLIMMUTY N N VTC2J-C0.8A097077TIL-17 1/12017 1/1/2018 EADH OCCURROICE 8 2,000,000 QAIuaMAOE n OCCURPRIMMER GARAGE ID RENTED is. owurnwoo a 300,000 X CONTRACTUAL LIAB. LED E]P (Anyone parson) $ 10.000 PES a ADV INJURYs 2,000,000 GENERAL AGGREGATE a 2,000,000 OEMAGCREGATE LNMr APPLIES PER poucv U LOC Mat PRODUCTS -CCUPIGPAGO S 2,000.000 $ 3 A1rtaM0eaa MOLIT/ ANY AUTO VIREO AUTOS Y HIRE°AUTQR DNLY — X. SCHEDUIJED .AUT AUt4Ctas opialg N N VTCZK-CAP-8A097053-IND`17 111120/7 1/12018 Ular a 2.000.000 BODILY INJURY (Per P••o^) S XXXXXXX BODILY INJURY Ter acddN $ XXXXjQO( IPst secklentl $ $3 A D , UMBRELLA LIAR Excess res J occuR CLAKISMADE N N VTSMK-QIP-8A097089-IND -17 024245846006 1/1/2017 1/1/2017 111/2018 1/12018 Prod EACH OCCURRENCE $ 35.01.000 AGGREGATE 8 35.000,000 -Comp Op Ag 8 35.000.000 D® I I RETENTIONS WORKEC AND EMPLOYER" Alia EIPtAYpa' LMBS.rnY ANY T/ IDE YIN NIA N VTt2EVB-9A51500-7-17 1/1)2017 1/1/2018 X STATUTE I I ER E.LEACH ACCIDENT a 1000.000 OFFICEPAIENSER EXCLUDED?SisndYNYAn NH) N EL DMMEASE- EA EMPLOYEE $ 1,000.000 Ryas, Ogg: under DESCRIPTION oP OPERATIONS below EL DISEASE - POLICY LIMIT a 1,000.000 A CONTRACTORS EQUIPMINI-ALL RISK N N QT.630-8A097575-T1Lr17 1/1/2017 1/12018 $1,200,000 oesc arnos OF ovotailoes ILOCATIONS 1 VENCLES 101. AdSUonel Rammts EdMelele, ba atleerwd IImom spots iadl (ACORD mew req ERTFICATE HOLDER ANCELLATION 14879233 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) 3900 COMMONWEALTH BOULEVARD MS. 49 TALLAHASSEE FL 32399 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOReEb REPRENErTA7� Al /414 ACORD 25 (2016/03) 198 15 ACORD CORPORATION. All rightsreserved. The ACORD name and logo aro registered mens of ACORD E-4 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Attachment F Quality Assurance Certificate City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Brownfield Site Rehabilitation Agreement Quality Assurance Certificates 400 North Myrtle Avenue Clearwater, Pinellas County, Florida Page 1 of 1 QUALITY ASSURANCE STATEMENT Attachment F Geosyntec Consultants, Inc. recognizes the importance of collecting, dispatching, and analyzing environmental samples by methods that are uncompromised in quality and documentation. No sample will be collected unless it meets methods and standards contained in FDEP's QA -SOP 001/01 demonstrating that the Standard Operating Procedures (SOPs) for field sampling in accordance with Chapter 62-160, F.A.C. are followed. All laboratory analyses will be conducted by laboratories meeting Florida's environmental laboratory accreditation requirements by a NELAP-recognized authority (in Florida, the Department of Health, Environmental Laboratory Certification Program). Analytical methods, capable of meeting the cleanup target levels specified in Chapter 62-777, F.A.C,, will be used for all analyses. All sampling, field activities (including decontamination preservation, documentation, etc.), sample handling, sample dispatch and all other field tasks Will be performed by an AEI scientist or technician familiar with and trained in the most recent FDEP SOPs. The Laboratory selected for sample analyses is: ENCO Laboratories (NELAC Certification No. E83182) 10775 Central Port Drive Orlando, Florida 32824 One laboratory is chosen in order to provide Quality Control sample analysis for independent analytical confirmation. NELAP QA documentation for the above laboratory is attached. F-1 096198.000001 611088379.2 096198.000001 611088379.2 HEALTH State of Florida Department of Health. Bureau of Public Health Laboratories This is to certify the: F132`L77 ENVIRONMENTA_ CONSERVATION LABORATORIES, INC. IENCO; - JACKSONVILLE 4810 EXECUTIVE PARK COURT, SL ITE 111 JACKSONVILLE, Ft_ 32216 has complied with Florida Administrative Code 64E 1, for the examination of:enVironrnental Samples in the following categories *11 INKING WATER -MICROBIOLOGY, DRINKING WATER- PRIMARY INORGANFr CNTAMINANTS,T4O4-PCTABLE WATER- GENERA'_ CI IEWASYNY, N t4. POTABLE WATER - METALS, NON -POTABLE WATER • #aCRO6IOLOG. RONNPOTARLE WATER • VOLATILE ORGANICS, SOLID AND CHEMICAL AATERIALSGENERAL CHEMISTRY, SOLO ANC CHEMIYA_ MATERIALS MtTALS. SOLI© ANO Q Ea4CAL MATERIALS • VOLATILE ORGANICS, Aul AND EMISSIONS" VOLATILE ORGANICS ^ontinJed cortificat cn is contingent 1 ettsUtice ul on- roing cnrnplIartce with the NELAC Standards and FAC Rule 6A E-1 regular tris. Specific methods end analytes certified are cited Wt the Lebolatory Scope of Accredited on for [his labors:ory am are on file at the Bureau of rublic I lealth Laboratories, F, 0.Llo% 2 lt} J Imonvllle. rlo-ida 32231. Clients and customers cc urged. to varl`y with this agency the Iaborator % CertiF atlori Status In Florida -"or panicular metoods and analytes. Date Issued: July 01, ;2017 Expiration Date: June 30, 2018 Susanne Crow MHA Acting Chief, Bureau of Public Health Laboratories DH Form 1607, 704 NOWTRANSFERAOLE E61577-41 A7/311_2017 Supersedes all previously cued certificates .Ia;en+.teao Jo AD 096198.000001 611088379.2 State of Florida Department of Health. Bureau of Public Health Laboratories T ., is to certify the: E83182 ENVIRONMENTA_ CONSERVATION LABORATORIES. INC. ENCO; - ORLANDO 1775 CENTRAL PORT DRIVE ORLANDO, FL 37874-7009 has complied with Florida AdtninIst-ative Code 64E 1. for the examination of enVtronmenral samples In the following categories 71 aNG WATER - MCROBIOLOGY, DRINKING WA"ER- PRIMARY INORGANIC j.i E1 NANTS.,11kiNKING WATER- SECONDARY INORGANIC W AMINAETS. NON -POTABLE WATER- EXTRACTABLE ORGANICS., tot t-sOT#AB.LE;WATER, GENERAL CHEMISTRY, EON -POTABLE WATER - S, NON-PCTAB_E WATER -MICROBIOLOGY, NON -POTABLE WATER- PESTIGI,DES•F-RBIOIOEEl^PC3's, NON•POTABLE WATER- VOLATILE i iC5, SOLID AND CHEMICAL MATERIALS EKTffiCTABLE ORGANICS, SOLIDANUCHEMICAL MATERIALS G_NE RAL CHEMISTRY, SOLID iEMICAL MAI EWALS- MtIALS, SOLI; AND &-1LMLALMAIEHIAL5- PESIICILIES-HERBICILIE.S-PLINS.SOLID AND CHEWLAL MA EHIALS• • VOLATILE ORGANICS Continaad certi(Ica on is cont' u)oit cessful on-Goingc of regularrta s. Specific methods an analytes certlilet arecltea oTrthe are on file at the Bureau of Public I leeith Laboratories. F; 0.130X 210 urged to vat"y with this agency the leboratorys certification SI IIT with Me NELAC Standards and FAC Rule 64E-1 at 'IN Scope or Accreditation for this labora:oryarl Jea^kaonvrlie, r o -ids 32231. Clients and customers ete rifts to H lorida`or perticular Clients and analytes. Date Issued: July 01, 2017 Expiration Date: June 30, 2018 Susanna Crowe MHA Acting Chief, Bureau of Public Health LaboratOrien 014 Form 1641, 7IO4 NON-TSANSFERABLE ES)IB2-40-07/0177e 17 Superaodee all previously ;owed certificates to to en ▪ r. 4 4 0 re co n a d CAA Ce=i l� RD N iv J It O o o • y a 5 eD es A City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Attachment G Advisory Committee Members City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID #BF529701006 Attachment G City of Clearwater Clearwater Gas System - Former Manufactured Gas Plant 400 North Myrtle Avenue Clearwater, Pinellas County, Florida Clearwater Area Brownfield Area ID BF529701000 Brian Langille, P.E., CEM Assistant Director Clearwater Gas System 400 North Myrtle Avenue Clearwater, FL 33755 727-562-4911 Barbara Green 1101 Fairburn Ave. Clearwater, FL 33755 727-442-9041 Jamie Blackstone 305 Spring Ct. Clearwater, FL 33755 Matt Crum Frank Winston Crum Insurance 100 S. Missouri Ave. Clearwater, FL 33756 727-799-1243 Thomas Hinson, Jr. 1426 Fairmont Street Clearwater, FL 33755 727-409-3865 61.10906383 Phyllis Franklin Sand Key Realty 790 S. Gulfview Blvd. Clearwater, FL 33767 727-443-0032 Joseph DeCicco 6889 124th Ave. North Largo, FL 33773 727-562-4745 Debra Swisher 618 Wells Ct., #402 Clearwater, FL 33756 Mark T. Parry 1655 Linwood Drive Clearwater, FL 33755 727-562-4741 Laura Canary 1985 Hyvue Dr. Clearwater, FL 33763 727-562-4024 G-1 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Attachment H Format for Submittal of Technical Documents 1 One hard copy or one electronic copy of each report or proposal and final reports shall be submitted to the Department or to the delegated local program. 2. In an effort to increase efficiency, responsiveness, and to enhance environmental protection, electronic records are an acceptable media substitute for hard copy and shall be pursued as the first option of choice to arrive at compliance. Where an electronic format exists of the records it shall be used to transmit the data, file, report, document, map, plans, picture, record, or any other object that may be available in an electronic format. Electronic records shall be kept in industry standard non-proprietary formats: TIFF, GIF, JPEG, PDF, or in Microsoft Word, Microsoft Excel, and Microsoft Access not older than one (1) release behind the current. 3. Data requested shall be transmitted using available media such as E-mail, Compact Disc (CD), or File Transfer via an FTP site. Additional formats may be considered at the time of the request. 4. After final approval of each report, an electronic copy and one hard copy shall be submitted within 30 days. 5. The media shall include a file directory and specify the "naming convention". (a) Final reports (any text files) must be in one of the approved formats. (b) Site maps and surveys shall be in TIFF, JPEG or ".pdf format. (c) Site-specific GIS data tables shall be in Excel or text (tab delimited) format. (d) The cover of the media shall include the Site Name, Designated Brownfield Area, Date and Type of Report(s). The left inside cover of the media should list all the files located on the media. H-1 096198.000001 611088379.2