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PROPERTY ACCESS AGREEMENT (2)PROPERTY ACCESS AGREEMENT This Property Access Agreement (this "Agreement") is entered into as of, ,j' eh /9) , 2020 (the "Effective Date"), by and between CITY OF CLEARWATER ("Owner"), and ENVIRONMENTAL RISK MANAGEMENT, INC. ("Consultant"). Owner and CONSULTANT are sometimes, as applicable, individually or collectively referenced herein as a "party" or the "parties." RECITALS: A. Owner owns the certain parcel # 15-29-15-16830-003-0070 of real property located Court Street, Clearwater, Florida (the "Property"). B. Consultant is an Agency Term Contractor for the Florida Department of Environmental Protection (the "Department") that is conducting a site assessment of that certain real property located at 915 Court Street, Clearwater, Florida, which is adjacent to the Property, under FDEP Facility/Project # 52/8624655 (the "Site Assessment"). C. In connection with the Site Assessment, Consultant desires access to enter upon the Property to conduct subsurface and groundwater investigations. Owner has agreed to grant Consultant access to enter upon the Property for such purpose in accordance with the terms and conditions of this Agreement. AGREEMENTS: For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Consultant hereby agree as follows: 1. Term. This Agreement will commence upon the execution hereof and, except as otherwise provided in this Agreement, will remain in effect for twelve (12) months from the Effective Date. A new Agreement will be reached should additional site assessment or site rehabilitation activities be required by the Department. 2. Permitted Activities. The Owner gives its permission to Consultant to undertake the activities necessary to complete the Site Assessment activities detailed in purchase order #B66EB 1 and related documents ("Permitted Activities", attached hereto and incorporated herein as Exhibit "A"). The Permitted Activities shall not unreasonably interfere with Owner's operations and business activities conducted on the Property. The Permitted Activities are limited to the collection of soil, groundwater samples, including the installation of monitoring wells. Any monitoring wells installed on the Property shall be completed within 8 -inch flush -mounted traffic bearing manholes and secured in a 2 ft. x 2 ft. concrete pad. Consultant shall perform the Permitted Activities in compliance with all applicable laws, rules and regulations, and will obtain all permits necessary for the conduct of the Permitted Activities. To the extent that Consultant requires access to the adjacent right -of -way on Chestnut Street, Consultant shall obtain, by separate permit issued by the City, access to the Chestnut Street right-of-way, in accordance with current City permitting regulations. Upon receipt of a properly issued permit from the City for work in the Chestnut Street right-of-way, the restoration, insurance and indemnity provision of this Agreement, as set forth in paragraphs 9-13 below, and the governing law, venue and prevailing party attorneys' fees provisions, set forth in paragraphs 17-19 below, shall apply to any work performed by Consultant in the right-of-way. 3. Permitted Parties. The Owner hereby gives its permission to CONSULTANT and its authorized agents and representatives (collectively, the "Entrants") to enter the Property for the sole purpose of completing and overseeing the completion of the Permitted Activities, subject to the provisions of this Agreement. 4. Cost of Activities. The State of Florida shall bear the costs to undertake the activities necessary to complete the Permitted Activities. Owner shall have no liability to Entrants for payment for any activities performed by Entrants at the Property. 5. No Liens or Encumbrances. Consultant does not have the authority to do anything that may result in a lien or encumbrance against the Property in connection with the Permitted Activities. Without limiting the foregoing, however, Consultant agrees to promptly pay when due all costs associated with the Permitted Activities and not to cause, permit or suffer any lien or encumbrance to be asserted against the Property or Owner related to the Permitted Activities. 6. Notice and Observation. Entrants shall deliver to Owner, attention Joe DeCicco at Joseph.DeCicco@MyClearwater.com, a written request to enter the Property at least seven (7) days prior to the intended time of entry. The request shall specify the intended date of entry and shall provide an estimated timeframe with which to complete the proposed Permitted Activities. Owner may require that the Permitted Activities be conducted outside of normal business hours. Owner shall have the right, but not the obligation, to have at Owner's expense, its representatives, including, without limitation, and at Owner's option, Owner's engineers, contractors and environmental consultants to observe Entrants' activities without interfering with same. 7. Items to be Furnished. Consultant will provide Owner with copies of any reports that Consultant submits to any regulatory entity at the same time that such reports are transmitted to any regulatory authority. 8. Entrants' Losses or Injuries. The Owner shall not be liable for any injury, damage or loss on the Property suffered by the Entrants or its employees or agents not caused by the gross negligence, willful misconduct, or intentional acts of the Owner. 9. Restoration. Consultant shall restore the Property as near as possible to its pre - entrant condition. Consultant shall remove from the Property any materials generated while completing the activities that comprise the Permitted Activities including, for example, all drill cuttings and/or development or purge water (investigative derived waste, or investigative derived waste ("IDW")). Consultant will be responsible for the proper staging and disposal of all IDW in accordance with applicable laws and regulations. No IDW shall remain on the Property for a period in excess of twenty-four (24) hours. 10. Insurance. Consultant shall provide or cause the Entrants, as appropriate, to provide: a. commercial general liability insurance covering its activities at the Property [A04-00046 /249477/1] 020792.000027 4849-2001-6769.2 4826-8171-5599.1 2 ("CGL Insurance"), with limits in the following amounts for i. bodily injury at $1,000,000 per occurrence and $2,000,000 general aggregate, ii. property damage at $1,000,000 per occurrence and $2,000,000 general aggregate; b. workers' compensation insurance (or the equivalent) ("WC Insurance"), with limits to satisfy all statutory requirements; and c. employers' liability insurance ("EL Insurance"), with limits of not less than $500,000 per occurrence (collectively, "Required Insurance Policies"). 11. Insurance Requirements. Consultant shall ensure that the following requirements apply to relevant Required Insurance Policies, as set forth below: a. Additional Insured. The CGL Insurance shall name Owner as an additional insured. b. Primary. The CGL Insurance shall be primary as regards to the insurance of the additional insured. c. Waiver of Subrogation. The CGL Insurance, the WC Insurance, and the EL Insurance shall contain waiver of subrogation endorsements in favor of Owner. 12. Insurance Certificates. Certificates evidencing the Required Insurance Policies shall be furnished to Owner prior to entry onto the Property and shall provide that such insurance shall not be cancelled or materially changed with fewer than thirty (30) days' notice to Owner. 13. Indemnification. Consultant agrees to indemnify, and hold harmless Owner, and its City Council and employees, from and against all claims, suits, damages, liabilities, judgments, fines, attorneys' fees, penalties, losses, costs or expenses arising out of or caused by the negligence or willful misconduct of Entrants, or Consultant's invitees, in connection with the performance of the Permitted Activities, or as a result of the negligence or willful misconduct of Entrants, or Consultant's invitees, in connection with the access provided to Consultant under this Agreement, or as a result of any breach of this Agreement by the Entrants; provided, however, Consultant shall have no obligation to indemnify or hold harmless Owner, or its City Council and employees, against that portion of any liability to the extent caused by, resulting from, or arising out of the negligence or willful misconduct of Owner, or its City Council and employees. The indemnity provided for above shall include, but not be limited to, liability for damages resulting from the personal injury or death of an employee of Consultant, or its subcontractor, regardless of whether Consultant, or its subcontractor, has paid the respective employee under the Workers' Compensation Law of the State of Florida or other similar federal or state laws for the protection of employees. The indemnities provided for in this Paragraph shall survive the termination or expiration of this Agreement. [A04-00046 /249477/1] 020792.000027 4849-2001-6769.2 4826-8171-5599.1 3 14. Execution in Counterparts and by Electronic Signature. This Agreement may be executed in any number of counterparts, and if so executed, shall be effective as against each of the respective parties when that party has executed at least one such counterpart. Execution may be accomplished by the use of PDF and electronic signatures. 15. Severability. If any term or provision of this Agreement is declared invalid by a court of competent jurisdiction in a final ruling from which no appeal is taken, the remaining provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be replaced with a provision that is valid and enforceable and that comes closest to the parties' intention as to the invalid or unenforceable provision. 16. Modification. Any modification of the terms of this Agreement must be in writing and signed by Owner and Consultant. 17. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. 18. Venue. Venue for any action, suit, or proceeding brought to recover any sum due under, or to enforce compliance with, this Agreement shall lie in the court of competent jurisdiction in and for Pinellas County, Florida; each party hereby specifically consents to the exclusive personal jurisdiction and exclusive venue of such court 19. Prevailing Party Attorneys' Fees. If any court action is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees, court costs, and all out of pocket expenses, including nontaxable court costs (including, without limitation, all such fees, costs, and expenses incident to appellate, bankruptcy, and post judgment proceedings), incurred in that court action or any appeal, in addition to any other relief to which the party may be entitled. Attorneys' fees include legal assistant fees, expert witness fees, investigative fees, administrative costs, and all other charges billed by the attorney of a prevailing party, and further include all such fees expended by a prevailing party in any effort to establish the entitlement to, and/or the proper amount of, such fees and costs due pursuant to this provision. 20. No Partnership. Nothing contained in this Agreement shall be deemed or construed by the parties or by any third party to create the relationship of principal and agent, or of partnership, or of joint venture, or of any other association between Owner and CONSULTANT. 21. No Admissions. This Agreement shall not constitute or be used as evidence of any admission of law, fact, or liability or a waiver of any right or defense by any of the parties for any contamination discovered on the Property. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the Effective Date. ENVIRONMENTAL RISK [A04-00046 /249477/1] 020792.000027 4849-2001-6769.2 4826-8171-5599.1 4 MANAGEMENT, INC. By: /-7 Its: Senior Project Manager Print Name: _Tim Terwilliger Date: 03/02/2020 CITY OF CLEARWATER, FLORIDA Approved as to form: Laura Lipowski Maho Assistant City Attorney [A04-00046 /249477/1] 020792.000027 4849-2001-6769.2 4826-8171-5599.1 By: 1XI.-Ann, I - ``I-rs-�,�tJ William B. Horne, II, City Manager Date:.. (LY O i?, OLD 5 1/3/2020 Order B66EB1 Order No. B66EB1 Version Number. 1 Internal Version: false Issued on Fri, 03 Jan, 2020 Created on Fri, 03 Jan, 2020 by Ariba System Supplier: Environmental Risk Management, Inc. 6835 International Center Blvd, Suite 5 Fort Myers, FL 33912 United States Phone: 1239-415-6406 Fax: 1 Contact: Carol Ann Cioban Ship To: DEP-PETROLEUM RESTORATION PROGRAM BMC RM 420 MS 4575 2600 BLAIR STONE RD TALLAHASSEE, FL 32399 United States Deliver To: Thomas Heath (Contracts) Bill To: DEP-PETROLEUM RESTORATION PROGRAM BMC RM 420 MS 4575 2600 BLAIR STONE RD TALLAHASSEE, FL 32399 United States Entity Description: Department of Environmental Protection Organization Code: 37450404555 Object Code: 000000-131545 Expansion Option: JG Exemption Status: No Exemption Reason?: Item Description Part Number Unit Qty Need By Unit Price Extended Amount 1 Contractor has been selected to perform a ... Dollar 15,950.14 None $1.00000 USD $15,950.14000 USD Contractor has been selected to perform a Remedial Action Pian (RAP) at the Texaco -court St, 915 Court St, Clearwater, Pinellas County, Florida, FAC ID 528624655. Attachment A, Scope of Work, attached to the purchase order (PO) describes the work to be completed by the Contractor. All work shall be performed in accordance with the terms of the Agency Terni Contract (ATC). The PRP reference number for this project is 751-074B. Attache d hereto and made a part of this PO is Attachment B - Schedule of Pay Items and Other Related Documents. Pay Items are at or below the negotiated maximum rates included in the ATC. Contractor must submit the appropriate completed documents from Attachment B to the Site Manager with each deliverable, as instructed. Upon completion and approval of all work under this PO, Contractor shall submit a signed Release of Claims document, along with the final invoice. Contractor must include Subcontractor Utilization Report form, included as a tab on Attachment B, with each invoice. The Department will retain 5% of the total amount of each payment made. Contractor may submit a request for release of retainage upon completion, and DEP approval of, all work performed under this PO. The Department will evaluate the Contractor as specified in the Agency Tenn Contract. The Contractor agrees to perform the services described in the PO in accordance with the terms of its ATC (as those terms may have been amended) which are in effect on date of issuance of the PO. The applicable ATC terms are available at the following URL: https://facts.fldfs. com/Search/ContractD etail.aspx?Agencyld= 3700008,Contractld=GC 751 Distributors?: N Requester: Thomas Heath (Contracts) Ship To Code: DEP305S State Contract ID: Contract ID: Requester Phone: (727) 275-6466 PR No.: PR11202720 MyGreenFlorida Content: N Method of Procurement:: J - Agency ITN [s 287.057(1) (c ), F.S.] Shipping Method: Best Way FOB Code: INC-Dest FOB Code Description: Destination freight paid by vendor and included in price. Title passes upon receipt. Vendor files any claims. Encumber Funds: Yes PO Start Date: Fri, 3 Jan, 2020 PO End Date: Wed, 28 Oct, 2020 Fiscal Year Indicator: 2020 PUI#: 3701 Site Code: 370000-12 Terms and Conditions: http://dms.myflorida.com/mfmp_PO_TC P Card Order?: No Exhibit A file:///C:/Users/cacioban/AppData/Local/Microsoft/Windows/I NetCache/Content.Outlook/IYGOA2H0/B66EB 1.html 1/2 1/3/2020 Order B66EB1 Total $15,950.14000 USD Comments • David L. Yzaguirre (Contracts), 12/23/2019: The following attachments are attached hereto and made a part of this Purchase Order. Attachment A — Scope of Work Attachment B — Schedule of Pay Items and Other Related Documents (David L. Yzaguirre (Contracts), Mon, 23 Dec, 2019) • COMMENT by Vicki Chatelain (Contracts) on 01/03/2020 Note: Attachment B language appearing in upper right-hand comer titled "Without Handling Fee" is used by the program to identify the total cost less the 6% handling and MFMP fee on reimbursable items. This information is only used as a check point for PRP staff. The total PO amount for the project is the amount appearing in the "Total Extended Cost" section in the upper right-hand side of the spreadsheet. (Vicki Chatelain (Contracts), Fri, 03 Jan, 2020) Attachments • ATTACHMENT by David L. Yzagulrre (Contracts) on Monday, December 23, 2019 at 10:56 AM AttachmentB-SPI-528624655-RAP.xlsm (1385895 bytes) • ATTACHMENT by David L. Yzaguirre (Contracts) on Monday, December 30, 2019 at 9:21 AM AttachmentA-SOW-528624655-RAP.pdf (96628 bytes) file:///C:/Users/cacioban/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/IYGOA2HO/B66EB1.html 2/2 Attachment A Petroleum Restoration Program Scope of Work 9 -Digit Facility ID Number: 528624655 STCM Facility Name: TEXACO -COURT ST SubPhase(s): RAP Specifications All work must be performed in accordance with this Scope of Work (SOW) and any attachments, Chapters 62-160, 62-532, 62-777 and 62-780, F.A.C., all applicable FDEP and Water Management District guidance memoranda, standard industry procedures and as described in the Agency Term Contract (ATC). Copies of all referenced guidelines are available at: http://www.dep.state.fl.usiwasteicategories/pcp/default.htm Reports must be submitted using the appropriate FDEP forms found at: http://www.dep.state.fl.us/waste/categories/pcp/pages/pg documents.htm All work must be conducted in accordance with PRP Standard Specification Details found at: http://www.dep.state.fl.us/waste/categories/pcp/pages/temolates.htm The following tables are included as attachments to this SOW and further represent the details of the scope of work. Task 1 Description: Schedule Pre -RAP Teleconference. Prepare and submit a Site Summary Package at least three °(3) business days prior to Pre -RAP Teleconference. Site Summary Package to include sections on site assessment data, historical assessment and cleanup data, conceptual remedial approaches and cost cleanup options, and preliminary remedial design sketches. Following completion of Teleconference activities, contractor has three (3) business days to submit the PreRAP Teleconference Meeting Notes to include: date and list of participating '. parties, summary of conclusions and recommendations, and conceptual design summary. Please note: a separatesite access agreement (ssaa) between the owner and the ATC has been requestedby the property owner or tenant. Submit an email or letter (copying the owner or tenant) indicatingeither that this separate site access agreement hasheen executed or;that•the owner no longer wants such an agreement with the contractor (the a owner is content with the current DEP site access agreement). The DEP does not,need a copy of this agreement. Task 1 Deliverable: ,Pre -RAP Teleconference Meeting Notes and Conceptual Design Summar Package. Email or Letter confirming whether or not a Separate SAA is necessai to Summary Task 1 Deliverable Due Date: Friday, February 28, 2020 Task 2 Description: Prepare a'Remedial Action Plan (RAP) and RAP & System Design Checklist, available on the DEP-website.(https://floridadep.gov/waste/petroleum-restoration/documents/rap- checklist): Task 2 Deliverable: Remedial Action Plan (RAP) and RAP & System Design Checklist. Level 1 Remedial Action Plan signed and sealed by a registered P.E. Task 2 Deliverable Due Date: Friday, May 29, 2020 Task 3 Description: Prepare and submit Design Specifications and Construction Drawings. Prepare and -submit Scope of Work and Schedule of Pay Items (SOW & SPI) draft using the RAC template and RAC Design Table in the SOW workbook, available on the DEP website (https://floridadep.gov/waste/petroleum-restoration/documents/scope-work-workbook): Task 3 Deliverable: Construction Drawings & Design Specifications, RAC SOW/SPI Package. Task 3 Deliverable Due Date: Friday, August 28, 2020 Attachment A (SOW Template) Version 10-12-16 Attachment A Petroleum Restoration Program Scope of Work 9 -Digit Facility ID Number: 528624655 STCM Facility Name: TEXACO -COURT ST PO End Date: Wednesday, October 28, 2020 Schedule of Pay Items (SPI) All unit rates and extended prices for all line item costs associated with this project are provided in the SPI [Attachment B to this Purchase Order (PO)] and shall not exceed the rates established in the ATC. Requests for Change (RFC) All requests for changes to the SOW must be submitted in writing and be approved in writing by the FDEP/LP using the RFC form in accordance with paragraphs 2.A and 26 of the ATC and can be found at: http://www.dep.state.fl.us/waste/categories/pcp/pages/templates.htm Any change which results in an extension of the due dates, PO end date, or a change in quantities or costs, requires that a PO Change Order be formally issued prior to performance of the revised SOW. Performance Measures The FDEP/LP Site Manager will review the submitted documentation to confirm that all work was performed in accordance with the Specifications referenced above. The FDEP/LP Site Manager will notify the Contractor of acceptance or any deficiencies in the work and/or deliverables. The Contractor will be given an opportunity to remedy deficiencies at no additional cost to the FDEP. The FDEP/LP Site Manager will review the work and/or deliverables within the timeframes established in FDEP guidance documents. The Contractor will respond to any comments to complete the work and/or deliverables within the timeframe established in the comment letter or email correspondence. Invoicing, Payments and Financial Consequences The Contractor may submit an invoice for a Task upon written notification of acceptance of the work/deliverables by the FDEP/LP Site Manager. Upon receipt of FDEP/LP written approval of the required documentation for completed portions of each task, the Contractor must submit an invoice. Invoices for completed work may be submitted no more frequently than every thirty (30) days, or upon completion of the individual tasks as specified. Each invoice request must contain all documentation of performance as specified in the ATC, this Purchase Order (PO), and its attachments. Failure to provide all deliverables, failure to provide deliverables which are satisfactory or failure to meet the specified deliverable timetables, shall result in non-payment, loss of retainage, or other financial consequences, and/or termination of the P0, as specified in the ATC. If the deliverable due day occurs on a weekend, state holiday, or federal holiday the deliverable will be due the following business day. Retainage shall be withheld in the amount of 5%, unless otherwise noted in the SPI, from each payment by the FDEP/LP until completion and approval of all Tasks. The Contractor shall submit a Release of Claims and request for retainage payment with the final invoice. Payment of retainage will be reduced by the amount of any assessed financial consequences. Notice of Field Activities The Contractor must provide written notification (emails are acceptable) of field activities at least seven (7) calendar days prior to the commencement of work to all applicable parties including the PRP site manager, PRP Inspector (PRP_Inspector@dep.state.fl.us), site operator, site owner, RP and affected off-site property owners. 1 Attachment A (SOW Template) Version 10-12-16 2/7/2020 Change Order B66EB1 CHANGED: Order No. B66EB1 Version Number: 2 Internal Version: false Issued on Thu, 06 Feb, 2020 Created on Thu, 06 Feb, 2020 by Ariba System Supplier: Environmental Risk Management, Inc. 6835 Intemational Center Blvd, Suite 5 Fort Myers, FL 33912 United States Phone: 1239-415-6406 Fax: 1 Contact Carol Ann Cioban Ship To: DEP-PETROLEUM RESTORATION PROGRAM BMC RM 420 MS 4575 2600 BLAIR STONE RD TALLAHASSEE, FL 32399 United States Deliver To: Thomas Heath (Contracts) BIII To: DEP-PETROLEUM RESTORATION PROGRAM BMC RM 420 MS 4575 2600 BLAIR STONE RD TALLAHASSEE, FL 32399 United States Entity Description: Department of Environmental Protection Organization Code: 37450404555 Object Code: 000000-131545 Expansion Option: JG Exemption Status: No Exemption Reason?: Item Action Description Part Number Unit Qty Need By Unit Price Extended Amount 1 Modified Contractor has been selected to perform a Dollar 29,074.23 None $1.00000 USD $29,074.23000 USD Contractor has been selected to perform a Remedial Action Plan (RAP) at the Texaco -court St, 915 Court St, Clearwater, Pinellas County, Florida, FAC ID 528624655. Attachment A, Scope of Work, attached to the purchase order (PO) describes the work to be completed by the Contractor. All work shall be performed in accordance with the terms of the Agency Term Contract (ATC). The PRP reference number for this project is 751-074B. Attache d hereto and made a part of this PO is Attachment B - Schedule of Pay Items and Other Related Documents. Pay Items are at or below the negotiated maximum rates included in the ATC. Contractor must submit the appropriate completed documents from Attachment B to the Site Manager with each deliverable, as instructed. Upon completion and approval of all work under this PO, Contractor shall submit a signed Release of Claims document, along with the final Invoice. Contractor must include Subcontractor Utilization Report form, included as a tab on Attachment B, with each invoice. The Department will retain 5% of the total amount of each payment made. Contractor may submit a request for release of retainage upon completion, and DEP approval of, all work performed under this PO. The Department will evaluate the Contractor as specified In the Agency Term Contract. The Contractor agrees to perform the services described in the PO in accordance with the terms of its ATC (as those terms may have been amended) which are in effect on date of issuance of the PO. The applicable ATC terms are available at the following URL: https://facts.fidfs. com/Search/ContractD etail.aspx?Agencyld= 370000&Contractld=GC 751 Distributors?: N Requester: Thomas Heath (Contracts) Ship To Code: DEP305S State Contract ID: Contract ID: Requester Phone: (727) 275-6466 PR No.: PR11202720-V2 MyGreenFlorida Content: N Method of Procurement:: J - Agency ITN Is 287.057(1) (c ), F.S.] Shipping Method: Best Way FOB Code: INC-Dest FOB Code Description: Destination freight paid by vendor and included in price. Title passes upon receipt. Vendor files any claims. Encumber Funds: Yes PO Start Date: Fri, 3 Jan, 2020 PO End Date: Thu, 31 Dec, 2020 Fiscal Year Indicator: 2020 file:///C:/Users/cacioban/AppData/Local/Microsoft/Windows/I NetCache/Content.Outlook/IYGOA2H0/B66EB 1.html 1/2 2/7/2020 PUI#: 3701 Site Code: 370000-12 Terms and Conditions: http://dms.myflorida.com/mfmp_PO_TC P Card Order?: No Change Order B66EB1 Total $29,074.23000 USD Changes • Purchase • Purchase • Purchase • Purchase • Purchase • Purchase • Purchase • Purchase • Purchase • Purchase • Purchase • Line Item • Line Item • Line Item • Line Item • Line Item • Line Item • Line Item • Line Item Comments Order TimeCreated changed from Fri, 3 Jan, 2020 to Thu, 6 Feb, 2020 Order ContentLength changed from 1385895 to 1386844 Order Filename changed from AttachmentB-SPI-528624655-RAP.xlsm to AttachmentB(Revision 1)-SPI-528624655-RAP.xlsm Order StoredFilename changed from 13131845 to 13239193 Order Date changed from Mon, 23 Dec, 2019 to Wed, 5 Feb, 2020 Order ContentLength changed from 96628 to 1314928 Order Filename changed from AttachmentA-SOW-528624655-RAP.pdf to PO#B66EB1-C01-TK2,3&4-POS-528624655.pdf Order StoredFilename changed from 13139727 to 13239194 Order Date changed from Mon, 30 Dec, 2019 to Wed, 5 Feb, 2020 Order Attachments 3 changed from (no value) to [ariba.approvable.coreAttachmentWrapper [Baseld 108439351893 ldtdznf9.d6 ]] Order Total ordered changed from $15,950.14000 USD to $29,074.23000 USD 1, Accounting, Accounting 1, ERPTransactionDate changed from 01032020 to 02062020 1, Accounting, Accounting 1, ERPMessage changed from SUCCESSFUL ENCUMBRANCE 60S to SUCCESSFUL ENCUMBRANCE 6SU 1, Accounting, Accounting 1, CurentFLAIRAmount changed from 15,950.14 to 29,074.23 1, Accounting, Accounting 1, RoundedAmount changed from $15,950.14000 USD to $29,074.23000 USD 1, Quantity changed from 15,950.14 to 29,074.23 1, ERPTransactionDate changed from 01032020 to 02062020 1, LI Amount Recorder in FLAIR changed from $15,950.14000 USD to $29,074.23000 USD [Baseld 108439351848 ldtdzne0.6c ] was deleted • David L. Yzaguirre (Contracts), 12/23/2019: The following attachments are attached hereto and made a part of this Purchase Order. Attachment A — Scope of Work Attachment B — Schedule of Pay Items and Other Related Documents (David L. Yzaguirre (Contracts), Mon, 23 Dec, 2019) • COMMENT by Vicki Chatelain (Contracts) on 01/03/2020 Note: Attachment B language appearing in upper right-hand corner titled "Without Handling Fee" is used by the program to identify the total cost less the 6% handling and MFMP fee on reimbursable items. This information is only used as a check point for PRP staff. The total PO amount for the project is the amount appearing in the "Total Extended Cost" section in the upper right-hand side of the spreadsheet. (Vicki Chatelain (Contracts), Fri, 03 Jan, 2020) • David L. Yzaguirre (Contracts), 02/05/2020: Change Order (CO) #1, Task(s) #2,3&4 (referred to as "PO#B66EB1-C01-TK2,3&4-POS-528624655", below) is attached hereto and made part of this Purchase Order (PO) to increase the PO amount by $13,124.09 (new PO total $29,074.23), and establishes new task deliverable due dates and extends the existing task deliverable due dates & PO End Date as follows: Task #2 is extended to 07/31/2020 Task #3 is extended to 10/30/2020 Task #4 is due 04/30/2020 PO End Date is extended to 12/31/2020 Attachment B (Revision 1) is attached hereto and made a part of this PO to replace Attachment B In its entirety. It is understood that should the due date for a deliverable fall on a weekend or State observed holiday, the due date will be recognized as the next State business day. All other terms and conditions of the PO remain unchanged. (David L. Yzaguirre (Contracts), Wed, 05 Feb, 2020) Attachments • ATTACHMENT by David L. Yzaguirre (Contracts) on Wednesday, February 5, 2020 at 12:20 PM AttachmentB(Revision 1)-SPI-528624655-RAP.xlsm (1386844 bytes) • ATTACHMENT by David L. Yzaguirre (Contracts) on Wednesday, February 5, 2020 at 12:20 PM PO#B66EB1-C01-TK2,3&4-POS-528624655.pdf (1314928 bytes) • ATTACHMENT by David L. Yzaguirre (Contracts) on Monday, December 30, 2019 at 9:21 AM AttachmentA-SOW-528624655-RAP.pdf (96628 bytes) file:///C:/Users/cacioban/AppData/Local/Microsoft/Windows/I NetCache/Content.0utiook/IYGOA2H0/B66EB 1.html 2/2 Florida Department of Environmental Protection -Division of Waste Management -Petroleum Restoration Program Request for Change - Authorization for Change in Scope of Work 9 -Digit Facility ID #: 528624655 Facility Name: TEXACO -COURT ST Site Manager Name: THOMAS HEATH Site Manager Phone: (727)275-6466 Site Manager Email: thomas.heath©flhealth.gov Ref #: 751-074B PO #: B66EB1 FDEP Cost Share %: 100.00% CO #: 1 Contract #: GC751 CO Type: Regular Contractor: Environmental Risk Management, Inc. Contractor Phone: 813-278-7100 Description of Change and Justification: Include complete description of who, what, where, when, how and why. As discussed during the pre -RAP teleconference between ERMI and FDOH in Pinellas County, minor supplemental site assessment (SSA) data are needed to support the remediation strategy and design for the subject site. ERMI will add Task 4 to include a field tasks event, which will include collection of soil samples for field screening and laboratory analysis, as well as collection of groundwater samples to provide groundwater data <270 days old for RAP preparation. A health and safety plan will be submitted for approval prior to conducting the field tasks, and ERMI will obtain a FDOT Right-of-way (ROW) permit prior to the field event. ERMI will collect seven (7) soil samples, placing three (3) step -out soil samples on hold with the laboratory pending the results of the initial four (4) soil samples. The scope of work tables attached summarize the sampling and analytical plans. ERMI will install the soil borings using a hand auger; therefore, no drilling meeting is needed. Due date extensions for Tasks 2, 3 and the period of service, are include to allow sufficient time for completion of field tasks, preparation of a SSA report and report review. Based on the additional of field tasks, which were not originally included in the PO, the contingency line item is being added also. See attached Figures 3 & 10. 4 1-2.a. Site Health & Safety Plan for Continued Work (no cost to FDEP) Per Site $0.00 1 4 1-5. Off -Site Property Access Agreement Per Agreement $329.92 1 $ 329.92 4 3-1. Mobilization, Light Duty Vehicle (car or 1/2 ton truck) - 5 100 miles each way Per Round Trip $330.75 1 $ 330.75 4 5-2. Hand Auger Boring <_ 10 foot total depth Per Boring $216.38 7 $ 1,514.66 Schedule of Pay Items 09-18-18 Page 1 of 4 Florida Department of Environmental Protection -Division of Waste Management -Petroleum Restoration Program Request for Change - Authorization for Change in Scope of Work 9 -Digit Facility ID #: 528624655 Facility Name: TEXACO -COURT ST Ref #: 751-074B FDEP Cost Share %: 100.00% PO #: B66EB1 CO #: 1 4 8-1. Monitoring Well Sampling with Water Level, <_ 100 foot depth Per WeII $186.59 16 $ 2,985.44 4 8-6. Soil/Sediment Sample Collection Per Sample $23.62 7 $ 165.34 4 8-11. Electronic Data Deliverables (EDD) Per Sampling Event $200.00 1 $ 200.00 4 8-14. tncore vo gram) Tor al -'Lr you aampie uouecTion: Icer tncore). i ne cost will include the 25 gram Encore samples submitted to the laboratory for SPLP testing and the 25 gram Encore samples collected in the field hut not suhmittedlo the laboratory fnttPstinaldiscardedl Per Sample $20.00 3 $ 60.00 4 9-2. Soil, BTEX + MTBE (EPA 8021 or EPA 8260) Per Sample $32.71 7 $ 228.97 4 9-5. Soil, Polycyclic Aromatic Hydrocarbons (EPA 8270 or EPA 8310) Per Sample $81.80 7 $ 572.60 4 9-8. Soil, Total Recoverable Petroleum Hydrocarbons (FL -PRO) Per Sample $51.41 7 $ 359.87 4 9-8 a Soil, TRPH Fractionation (MADEP-EPHNPH Method or TPHCWG Direct Method) Per Sample $262.50 1 $ 262.50 4 9-16. Soil, Synthetic Precipitation Leaching Procedure -Extraction Only (EPA1312) Per Sample $29.21 6 $ 175.26 4 9-27. Water, BTEX + MTBE (EPA 602, EPA 624, EPA 8021 or EPA 8260) Per Sample $32.71 19 $ 621.49 4 9-30. Water, Polycyclic Aromatic Hydrocarbons, including 1- methylnaphthalene + 2 -methylnaphthalene (EPA 610 [HPLC], EPA 625, EPA 8270 or EPA 8310) Per Sample $87.64 19 $ 1,665.16 Schedule of Pay Items 09-18-18 Page 2 of 4 Florida Department of Environmental Protection -Division of Waste Management -Petroleum Restoration Program Request for Change - Authorization for Change in Scope of Work 9 -Digit Facility ID #: 528624655 Facility Name: TEXACO -COURT ST Ref #: 751-074B FDEP Cost Share %: 100.00% PO #: B66EB1 CO #: 1 4 9-36. Water, Total Recoverable Petroleum Hydrocarbons (FL -PRO) Per Sample $52.58 16 $ 841.28 4 19-4. Supplemental Site Assessment Report Per Report $1,480.10 1 $ 1,480.10 4 21-16. P.G. or Qualified P.E. Review, Evaluation and Certification of a Supplemental Site Assessment Report Per Report $330.75 1 $ 330.75 3 23-1. Contingent Funding - Allowance only to be used as offset for field change orders NOT BILLABLE $1.00 1000 $ 1,000.00 *For reimbursable pay items the cost listed is a "not to exceed" amount. Fees will be reimbursed for the pay item based on the actual invoice. Please note, the unit of measure for these items will be displayed as dollars for invoicing purposes. Please refer to the Scope of Work for additional description of these items. 3 Construction Drawings & Design Specifications, RAC SOW/SPI 8/28/2020 10/30/2020 1,000.00 4 Supplemental Site Assessment Report 4/30/2020 12,124.09 Period of Service: Contractor Representative: Tim Terwilliger (Print Name) FDEP Site Manager: THOMAS HEATH (Print Name) 10/28/2020 12/31/2020 $ 13,124.09 Previous End Date ignaturr -71e1-frta 6a -tit New End Date Total Authorized Cost (FDEP Share: 100%) (Signature) 2/3/2020 (Date) 2/3/2020 (Date) Administrative Reviewer: George Alayoku 9r- 4 , 2/4/2020 (Print Name) (Signat ) (Date) Technical Approval (optional): Andrew Moore, 2-3-2020 c.—t4; ?es 21412020 Schedule of Pay Items 09-18-18 Page 3 of 4 9 -Digit Facility ID #: 528624655 Florida Department of Environmental Protection -Division of Waste Management -Petroleum Restoration Program Request for Change - Authorization for Change in Scope of Work Ref #: 751-074B PO #: B66EB1 Facility Name: TEXACO -COURT ST Cost Center Approval (optional): FDEP Cost Share %: 100.00% CO #: 1 Schedule of Pay Items 09-18-18 Page 4 of 4 FDEP Facility ID#: 528624655 Any blank fields are not applicable to the scope of work. Florida Department of Environmental Protection - Petroleum Restoration Program STCM Facility Name: Former Court Street Texaco IORING (SE Ear INSTALLATION TABLE 4 Hand Auger 7 3 3 t1ft Total Yltell Footage (ft Surface Casing Diameter (in) Total Casing Footage (ft) Well Completion Type Attachment A (SB -Well Installation) Version 11-30-18 FDEP Facility ID#: 528624655 Any blank fields are not applicable to the scope of work. Florida Department of Environmental Protection - Petroleum Restoration Program STCM Facility Name: Former Court Street Texaco SOIL and AIR SAMPLING TABLE 4 4 4 3 SB Locations 19SB-15 Confirmatory 3 step -out SB locations (on hold pending results of initial soil samples. 3 1 3 (9-2.) BTEX MTBE 3 (9-5.) PAHs 3 (9-8.) TRPH (FL -PRO) 3 (8-14.) Encore Sampler 2 (9-8.a.) TRPH Fraction ation 1 (9-16.) SPLP- Extractio n Only 3 1 1 1 1 1 3 3 3 2 Attachment A (Soil -Air Sampling) Version 11-30-18 FDEP Facility ID#: 528624655 Any blank fields are not applicable to the scope of work. Florida Department of Environmental Protection - Petroleum Restoration Program STCM Facility Name: Former Court Street Texaco WATER SAMPLING TABLE 4 4 4 4 4 4 4 4 4 4 4 4 4 MW -1R MW -3A MW -5A MW -7 MW -15 MW -16 MW -17 MW -18 MW -20 MW -21 MW -22 MW -23 MW -24 MW -25 MW -26 DW -1 SB Leachate Once Once Once Once Once Once Once Once Once Once Once Once Once Once Once Once (9-27.) BTEX + MTBE (9-30.) PAHs (9-36.) TRPH (FL -PRO) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3 1 1 1 1 1 1 1 1 1 1 1 1 1 Attachment A (Water Sampling) Version 11-30-18 FAC ID# 52/8624655 0 W D W W W 4' 4, W W 4, V, W 4 W '1, H, 4' 4, W 4 W 4, Y, 4, 4, 4, 4, W 4 V, V, W MW -14 Retention Pond •v tel, 4, 4, 4, 4, d, w ', W H, W 4, 4 W 4, 4, W W W W 4, 4, W W 4, W 4, W W W W W W 4 4, y 41, 4, W d, 4, W 4, H, 4, 4' 4, .4, 4, 4, d, W W 4, 4' Y, H, 4' 4, 4, 4' 4, 4, 4, J, 4, W 4 4, 4, 4, J, 4, 4, W 4' 4, 4, 4, V, 4' 4, W 4, W 4 4, 4, 4, 4, 4, 4, 4 4, V, W 4 `, 4, W V, W J, 4, 4 4' 4, 4, 4, V, V, .t, 4, ,i, .y ,t, .y ,t, w MW -9 v v v Former* UST 4, 4, 4, 4, 4, J, 4, 4, W 4, 4, 4, 4K, 4, W 4, W W W W W W 4, W 4' W W W W J, 4,t k W W W J, 4, 4, 4, W 4 4, 4, W y • • MW -104, 4, 4' 4, 4, 4, 4, 4, .l, lt N, W 4, 44 4, Y 4, 4, 4, 4, 4, 4 4,MW-6A MW -22 MW -13 W W J, d, J, 4, 4, 4, 4, W .l, 44, 4, 4, 4, W 4 W 4, W W 4, 4, 4, 4, W 4, w v, 4' 4, w 4, ', 4' v, w `t, MW -7A4 W W 4, W J, V, 44, J, 4' V, 4, N, 4, ,, - - MW -11 MW -4A ,,, J, .t, 4, 4, MW -7 4, 4 4,1 MW -21 4, DW- 1 t, 4, 4, .i, 't, J, .t, '4, 4' J, `1'$MW-20 W W W W 4, Abandoned Building W W MW -15 4, 4, W 4 4, 4, 4, W W W 4, W W MW -25 4, v, 1, 4, W 4, W 4, 4, (P W MW -8 t y MW -2A 4, W 4, W W 4, W W '4, W 4, 4, 4, 4, MW -24 W W 4 W W 4, 4, W 4 W 4, 4I W ) W MW -231P1- Sidewalk Former UST asphalt<4MW-26 MW -5A. w MW -17 MW -16 MW -19 MW -12 MW -18 Chestnut Street 4, Sidewalk W 4, 4 W Former Texaco - Court Street 915 Court Street Clearwater, Florida 34616 FDEP FACILITY ID# 52/8624655 FIGURE 3: Site Map APPROXIMATE SCALE 1"=40' DRAFTED BY: AMW September 2019 I ERMI FILE # E3839B REVIEWED BY: TAT CERIVIIEnvironmental Risk Management, Inc. Licensed Engineering & Geology Finn •Assessment as= Remediation Consultants LEGEND A Deep Monitoring Well Location 40- Monitoring Well Location Destroyed/Missing Monitoring Well Location Buried Telephone 16" Water Main Sewer Property Boundary v D I 1 1 4, Soil Analytical Data All Values in mg/kg Compare to Soil Criteria from FAC 62-777 SPLP - Sample ID (depth) Sample Date BaP Benz(a)pyrene BaA Benzo(a)anthracene BbF Benzo(b)fluoranthene BkF Benzo(k)fluoranthene C Chrysene Da Dibenz(a,h)anthracene Ip Indeno(1,2,3-cd)pyrene Eq B(a)p Equivalent 4t, W W W W W W 4, W W W 4, 4, 4, w 4, 4, 4, 4, w Retention Pond L W W 4, W ., W 4. 4, W 4' 4, ' 4, w 4, w w 4, 4, w d, 4, w 4, 4' w W 4, w w ,4, 4, w 4, 4, 4, 4, 4, y, 4, 4, 4, W 4' 4' •, W .r. 4, 4, 4, 4, ' w 4, 4, 4, 4, i 4, w 4' 4, w 4, w 4, 4, 4v 4V 4' W 4, W W 4' W 4, 4, U = Below Detection Limit 4, 4, 4, 4, 4, .i, w v. • Former 4 / I=MDL<Result<PQLy, 4, 4, 4, 4, 4, 4, W 4, USW/ Bolded = SCTL Exceedence SCTL= Soil Cleanup Target 4' 4, 4' 4, 4' 4, 4' 4, 4, 4, w Level 4, MDL = Method Detection Limit W y W *124B -21W `� 19SB-11 W W PQL = Practical Quantitation , i } t t t y Limit I 19SB-10 mg/kg = milligrams per kilogram W 1 t t t t 4, W W 4, 4' 4, 4, 4, 4, 4, 4, 4, •,. 4' W 4, 4' 4, 4, 4" 1, 9SB 2O '4' 4, 4t, 4, 4, y W 4v 4' 4, 4, + 4t, 4, 4' 4-1888-9/4t' 19SB-15 3 feet19SB-12 MW -y2 4v 4, 4v 4ti ( ) 4, 4, 4, 4, 4, w �. 07/12/2019 w 4, 4t'BaP 0.269 4, 4, w 4, w 4' 4' 4t, 4, 4, BaA 0.335 4, t 4, '4' W W J BBbF 0.412 kF 0.161 WSBd}9 y 4.. 119SB 13W-9SB 8 4, W 4, 4, sic 0.372 4, 4, w 4, 4v 4, 4, .4, Da 0.00700 U 19SB- 0/ W w Ip 0.187 y t 4i. 4t, y 4, �, J, 4Eq 0.4 19SB-18 ye DW- 14' '�- W W y �` ' W W '19SB-14L W t 19SB-74, W W 4, W W 4, 4, 4, 4, w w 4v Abandoned Building 4t9SB-2 4' 4, 4t, W 4t, s 4, • 4, �eo, 4, 4' w 4, r w 19SB-2 (2 feet) 07/12/2019 BaP 0.0666 BaA 0.0817 BbF 0.109 BkF C Da P_ Eq 0.0335 0.0871 0.0181 I 0.0507 0.1 4, 4, t +19SB-31/ MW -25 4, 19 :-1 4, 19SB-32/ W W 'v `t'MW-244' 4' 4, W J, 4, 4, 4, 198B-26/ MW -23 Sidewalk 19SB-6 19SB-23 19SB Former JUST 19SB-28 19SB-24 193829 asphalt 1, 4 19SB-17 19SB-16 f9SB.-Y6 Former Texaco - Court Street 915 Court Street Clearwater, Florida 34616 FDEP FACILITY ID# 52/8624655 FIGURE 10: Soil Analytical Concentration Map Carcinogenic PAHs 19SB-5 Chestnut Street 19SB-4 19SB-3 19SB-27 4, 4, Sidewalk W W y APPROXIMATE SCALE 1"=40' 1555519 DRAFTED BY: ZJM September 2019 ERMI FILE # E3839B REVIEWED BY: TAT ERmI Environmental Risk Management, Inc. licensed Engineering & Geology Firm • Assessment & Remedlatlon Consultants 4, LEGEND 19SB-33/ MW -26 W 19SB-24 (3 feet) 07/12/2019 BaP 0.00558 U BaA 0.00475 U w 4, w W 4, W w 4, ' w w 4, w '4 4, w •v 4, BbF 0.00772 U BkF 0.00562 U C 0.00872 U Da 0.00656 U P 0.00623 U E 4 Proposed Soil Boring Location A Deep Monitoring Well Location Monitoring Well Location .4. Destroyed/Missing Monitoring Well Location + Soil Boring Location /N/ Buried Telephone 16" Water Main Sewer Property Boundary Approximate Extent of Benzo(a)pyrene