FUNDING ASSESSMENT AND REMEDIATION AT BROWNFIELD SITES
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STATE OF FLORIDA
EXECUTIVE OFFICE OF THE GOVERNOR
OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
GRANT AGREEMENT
BACKGROUND
The Office of Tourism, Trade, and Economic Development is authorized by law to make
grants of funds in accordance with legislative appropriations. The Legislature of the State of
Florida has made a provision for such grants in Section 23, Chapter 2000-317, Laws of Florida.
AGREEMENT
THIS GRANT AGREEMENT (Agreement) is entered into this 28th day of June, 2001,
between the State of Florida, Executive Office of the Governor, Office of Tourism, Trade, and
Economic Development (OTTED) and the City of Clearwater. (GRANTEE). OTTED and the
GRANTEE are sometimes hereinafter referred to as a "Party" and collectively as the "Parties."
This Grant Agreement is Grant Number OT 01-123 for the purpose of funding assessment and
remediation at brownfield sites or areas designated pursuant to section 376.80, Florida Statutes,
prior to April 1, 2000, that are United States Environmental Protection Agency brownfield pilot
projects designated prior to July 1, 1997, at which site assessment has been initiated as of April 1,
2000. The Grantee certifies that it meets these criteria and is qualified to receive funding.
In cQnsideration of the mutual covenants and promises contained herein, the Parties agree
as follows:
1.0 PARTIES:
The parties and their respective addresses for the purposes of this Agreement are:
1.1 STATE OF FLORIDA
EXECUTIVE OFFICE OF THE GOVERNOR
OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
THE CAPITOL, SUITE 2001
TALLAHASSEE, FLORIDA 32399-0001
1.2 CITY OF CLEARWATER
112 SOUTH OSCEOLA AVE., 1 ST FLOOR
CLEARWATER, FLORIDA 33756
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1.3 The grant manager for OTTED is Mary Helen Blakeslee, who may be reached at
telephone number 850/922-8743, and facsimile number 850/487-3014. The grant manager for the
GRANTEE is Miles Ballogg, who may be reached at telephone number 727/562-4023, and
facsimile number 727/562-4075. All approvals referenced in this Agreement must be obtained in
writing from the parties' grant managers or their designees. Either party may change its grant
manager at any time by written notice to the other pursuant to paragraph 2.0.
2.0 NOTICES:
All notices between the parties shall be in writing and shall be by either confirmed
facsimile or certified mail, return receipt requested, delivered to the address of the parties as set
forth in section 1.0 above, unless prior written notice of change of address is given.
3.0 ~ll1v.l:
The term of this Agreement shall commence upon execution and continue until December
31, 2001. There will be no extensions. Only project costs incurred on or after the effective date
of the Agreement and on or prior to the termination date of the Agreement are eligible for
payment.
4.0 SCOPE OF WORK:
(a) The GRANTEE shall expend grant funds in accordance with provisions of Section 23,
Chapter 2000-31', Laws of Florida. Funds made available by OTTED pursuant to this Grant
Agreement shall be expended solely for the scope of work, designated as "Exhibit A," and budget,
designated as "Exhibit B," both of which shall be submitted by the GRANTEE within 45 days of
the execution of this Agreement, but prior to the commencement of project implementation.
"Exhibit N' and "Exhibit B" shall be incorporated into this Agreement when accepted and
approved by OTTED. "Exhibit N' shall include the specific address of the project, the scope of
assessment or remediation to be undertaken and shall explain how the project will advance
GRANTEE's Brownfield Plan for the site. "Exhibit B" shall show the types and amounts of each
separate expenditure to be made to complete the project that omits no material parts of the
project. The scope of work and budget may only be amended by prior written approval of
OTTED.
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(b) Funds made available by OTTED pursuant to this Grant Agreement shall be released
to the GRANTEE upon OTTED's receipt and approval of adequate documentation that the scope
of work, described in "Exhibit A," has been completed pursuant to the budget for the project,
submitted as "Exhibit B." The Grantee shall submit such documentation prior to December 15,
2001. The documentation shall be completed to the satisfaction of OTTED.
5.0 GRANTEE REOUIREMENTS:
(a) REPORTS
(1) The GRANTEE shall provide OTTED with a written Project Performance Report
prior to December 15,2001 for the completed project. The Report shall contain a discussion of
all project activities as well as such reports and documentation as to demonstrate that the scope of
work, described in "Exhibit A," has been successfully completed. The Performance Report shall
also include a written account of actual expenditures in comparison with the proposed project
expenditures required by Paragraph 4.0 and "Exhibit B." OTTED shall be the final determiner as
to the adequacy of the Project Performance Report.
(b) AUDIT AND RECORDS
(1) The GRANTEE shall retain and maintain all records, including records of all
payments made by GRANTEE in connection with the Grant and make such records available for
audit as may be requested. Records shall include books, documents, and other evidence,
including, but not limited to, vouchers, bills, invoices, requests for payment and other supporting
documentation, which, according to generally accepted governmental accounting principles,
procedures and practices, sufficiently and properly reflect all program costs expended in the
performance of this Grant Agreement. Such records shall be retained by the GRANTEE for a
minimum period of three (3) years after termination of this Agreement. The records shall be
subject at all times to inspection, review, or audit by state personnel of the Office of the Auditor
General, Office of Comptroller, Office of the ChiefInspector General, or other state personnel
authorized by OTTED and copies of the records shall be delivered to OTTED upon request;
(2) In the event that GRANTEE is a non-state entity as defined by Section 215,97,
Florida Statutes, (the Single Audit Act), and expends a total amount of State financial assistance
provided to GRANTEE to carry out a State project equal to or in excess of $300,000.00 in any
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fiscal year of GRANTEE, GRANTEE must have a State single or project-specific audit for such
fiscal year in accordance with the Single Audit Act, applicable rules of the Executive Office of the
Governor and the Comptroller, and Chapter 10.550 (Local Governments) or 10.650 (Non-Profit
and For Profit Organizations), Rules of the Auditor General. In determining the State assistance
expended in its fiscal year, GRANTEE shall consider all sources of State financial assistance,
including State financial assistance received from OTTED, except that State financial assistance
received by GRANTEE for Federalprogram matching requirements shall be excluded from
consideration. The Catalog of State Financial Assistance number for this Grant is 3 1.011. Audit
requirements can be found in the State Project Compliance Supplement, which is online on the
Office of the Governor website.
(http://www.myflorida.com/myflorida/governmentllearnlfsaa/index.html)
(3) GRANTEE shall ensure that it complies with all provisions of Section 215.97, Florida
Statutes, and that the audits submitted pursuant to paragraph 7.2 comply with the requirements of
the Single Audit Act. This compliance includes submission of a reporting package as defined by
the Single Audit Act, and Chapter 10.550 (Local Governments) or 10.650 (Non-Profit and For-
Profit Organizations), Rules of the Auditor General. Such requirements shall be submitted within
12 months (Local Governments) or 9 months (Non-Profit and For-Profit Organizations) after the
end of GRANTEE's fiscal year.
(4) If GRANTEE expends less than $300,000 in State financial assistance in its fiscal
year, an audit conducted in accordance with the provisions of the Single Audit Act is not
required. In the event that GRANTEE expends less than $300,000 in State financial assistance in
its fiscal year and elects to have an audit conducted in accordance with the provisions of the
Single Audit Act, the cost of the audit must be paid from non-State funds. If such an audit is
performed, it shall be submitted to OTTED within 120 days of its completion.
(5) If the Grantee expends less than $300,000 in state financial assistance and no audit is
prepared, GRANTEE must submit, within 120 days after completion of expenditure of grant
funds, a statement prepared by the head of the GRANTEE's entity or organization attesting,
under penalties ofpeIjury, that the GRANTEE has complied with the provisions of this grant.
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(6) The GRANTEE must include the record keeping requirements of paragraph 5.0 (b)(I),
(2), and (3) in contracts and subcontracts entered into by the GRANTEE for work required under
terms of this Agreement. In the executed subcontract, the GRANTEE shall provide each
subrecipient of state financial assistance information needed by the subrecipient to comply with
the requirements of the Single Audit Act. Pursuant to Section 215.97 (6), Florida Statutes,
GRANTEE shall review and monitor subrecipient audit reports, and perform other procedures as
specified in the agreement with the subrecipient, which may include onsite visits. GRANTEE
shall require subrecipients, as a condition of receiving state financial assistance, to permit the
independent auditor of the recipient, the state awarding agency, the Comptroller, and the Auditor
General access to the subrecipient's independent auditor's working papers as necessary to comply
with the requirements of the Single Audit Act.
6.0 PAYMENTS:
(a) AMOUNT/SCHEDULE
(1) Funds in the amount of up to$111,000 will be made available to the GRANTEE.
(2) Payment will be made upon receipt prior to December 15, 2001 by OTTED of both a
valid invoice from the GRANTEE and the Project Performance Report required in Paragraph 5.0
(a)(I), and upon OTTED's approval of the Project Performance Report. The payment amount
shall be equal to the actual cost of the project but shall not exceed $111,000.
(b) AVAILABILITY OF FUNDS The State of Florida's (OTTED's) performance and
obligation to pay under this Agreement is contingent upon an annual appropriation by the
Legislature. OTTED's performance and obligation to pay under this Agreement is also
contingent on there being no identification of other proper encumbrances on the funds being
utilized for these grants between July 1, 2001 and December 31, 2001. Should such
encumbrances be identified, the amount of funds available to each GRANTEE under Section 23,
Chapter 2000-317, Laws of Florida will be reduced pro rata, OTTED shall be the final
determiner of the availability of any funds.
(c) TRAVEUADMINISTRATION There will be no reimbursement for travel expenses
or project administration.
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'.0 TERMINATION:
(a) BREACH & PRESERVATION OF REMEDIES
(1) In the event that GRANTEE fails to comply with any of the terms of this Agreement,
OTTED may exercise any remedies available at law or in equity, including the withholding and/or
reduction of funding to GRANTEE. In the event such failure is material to the Agreement as a
whole, OTTED shall have the right to terminate this Agreement in accordance with its terms.
(2) OTTED may terminate the Agreement due to the failure of the GRANTEE to fulfill
its obligation under the Agreement in a timely or satisfactory manner. Satisfaction of obligation
by the GRANTEE will be determined solely by OTTED. OTTED must provide the GRANTEE a
written notice of default letter. The GRANTEE will have fifteen (15) calendar days to cure the
default, unless it is determined by OTTED that it is necessary that the default be cured
immediately. If the default is not cured by the GRANTEE within the stated period of time,
OTTED has the option to terminate this Agreement. The termination shall be effective upon no
less than 24 hours notice delivered in the manner set forth in Section 2.0. In the event of
termination of this Agreement, the GRANTEE will be compensated for any work satisfactorily
completed prior to notification of termination. Determination of work satisfactorily completed
shall be at the sole discretion ofOTTED. Unspent funds, not due to GRANTEE for work
satisfactorily completed, will be returned to OTTED.
(3) No delay or omission to exercise any right, power, or remedy accruing to either party
upon breach or default by either party under this Agreement will impair any such right, power, or
remedy of either party; nor will such delay or omission be construed as a waiver of any such
breach or default.
(b) REFUSAL TO GRANT PUBLIC ACCESS. This Agreement may be unilaterally
terminated by OTTED for refusal by the GRANTEE to allow public access to all documents,
papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the GRANTEE in conjunction with this Agreement.
(c) UNAUTHORIZED ALIENS. OTTED will consider the employment by any
GRANTEE of unauthorized aliens a violation of Section 274(e) of the U.S. Immigration and
Nationality Act. Such violation shall be cause for cancellation of the Agreement.
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8.0 GENERAL CONDITIONS:
(a) LIABILITY
(1) OTTED shall not assume any liability for the acts, omissions to act or negligence of
the GRANTEE, its agents, servants or employees; nor shall the GRANTEE exclude liability for
its own acts, omissions to act or negligence to OTTED. In addition, the GRANTEE hereby
agrees to be responsible for any injury or property damage resulting from any activities conducted
by GRANTEE.
(2) GRANTEE agrees to indemnify and hold the State harmless from any and all claims or
demands for damages resulting in personal injury or death, or destruction or damage to property,
arising out of activities performed under this Agreement and shall investigate all claims at its own
expense.
(3) GRANTEE shall be responsible for all work performed and all expenses incurred in
connection with the project. The GRANTEE may subcontract as necessary to perform the
services set forth in this Agreement, including entering into subcontracts with vendors for services
and commodities PROVIDED THAT it is understood by the GRANTEE that OTTED shall not
be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and
that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities
incurred under the subcontract. Also, when contracting with subcontractors, GRANTEE must
require subcontractors to indemnify and hold harmless the state for actions of the subcontractor
resulting in personal injury or death, or destruction or damage to property, arising out of activities
performed under this Agreement and shall investigate all claims at it own expense.
(4) Neither OTTED nor any agency or subdivision of the State waives any defense of
sovereign immunity, or increases the limits of its liability, upon entering into this contractual
relationship.
(b) NON-ASSIGNMENT. Neither party may assign, sublicense, nor otherwise transfer
its rights, duties, or obligations under this Agreement without the prior written consent of the
other party which consent will not be unreasonably withheld. Any sublicense, assignment, or
transfer otherwise occurring will be null and void. Notwithstanding the foregoing, OTTED will at
all time be entitled to assign or transfer its right, duties, or obligations under this Agreement to
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another governmental agency in the State of Florida, upon giving written notice to the
GRANTEE. In the event OTTED approves transfer of GRANTEE's obligations, the GRANTEE
remains responsible for all work performed and all expenses incurred in connection with the
Agreement.
(c) GOVERNING LAW. This Agreement shall be governed by laws of the State of
Florida. Any and all litigation arising under this Agreement shall be brought exclusively in the
appropriate court in Leon County, Florida.
(d) MODIFICATION. This writing and the attached "Exhibits A" and "B, " when
approved and incorporated, contain the entire Agreement of the parties. No representations were
made or relied upon by either party, other than those that are expressly set forth. No agent,
employee, or other representative of either party is authorized to alter, modify, amend, or change
any of the terms of this Agreement, unless done in writing and signed by an executive officer of
the GRANTEE and the Director or the Director's designee for OTTED.
(e) APPLICABLE LAWS. GRANTEE agrees to comply with all applicable federal, state
and local laws related to the execution of the program described in "Exhibit A" and "Exhibit B."
(f) MINORITY BUSINESS. GRANTEE is encouraged to utilize minority business
enterprises as subcontractors or subvendors when possible and report to OTTED all such usage
of funds from this Agreement.
(g) LOBBYING. Funds may not be used for the purpose oflobbying the Legislature, the
judicial branch, or a state agency pursuant to Section 216.347, Florida Statutes.
(h) PUBLIC ENTITY CRIME. Section 287, 133 (3)(a), Florida Statutes, requires that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287,017,
Florida Statutes, for Category Two for a period of36 months from the date of being placed on
the convicted vendor list.
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(i) NON-DISCRIMINATION. The GRANTEE will not discriminate against any
employee employed in the performance of this agreement, or against any applicant for
employment because of age, race, creed, color, handicap, national origin, or sex. The GRANTEE
shall insert a similar provision in all subcontracts for services by this Agreement.
An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work,
may not submit a bid on leases of real property to a public entity, may not award or perform work
as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and
may not transact business with any public entity.
G) SEVERABILITY. If any term or provision of the Agreement is found to be illegal,
invalid, or unenforceable, such term shall be severed from this Agreement and the remainder of
the Agreement will remain in full force and effect.
(k) ATTORNEY FEES. Unless authorized by law and agreed to in writing by OTTED,
OTTEDwill not be liable to pay attorney fees, or any other person or entity interest, or cost of
collection.
(I) DUPLICATE ORIGINALS. This Grant Agreement is executed in duplicate
originals.
(m) ACCEPTANCE AND AMENDMENT BY FACSIMILE. The acceptance of this
agreement or any modification of this agreement may be made by facsimile transmission. Receipt
of the facsimile transmission shall for the purposes of this agreement be deemed to be an original,
including signatures.
(n) SUBCONTRACTS. Any and all contracts that GRANTEE executes with a person or
organization under which such person or organization agrees to perform services on behalf of
GRANTEE or the State of Florida shall include provisions requiring that such person or
organization report on performance, account for proper use of funds provided under the contract,
including the provision of audit rights pursuant to Paragraph 5(c) of this Agreement, avoid
duplication of existing state and local services and activities, and agree to abide by all local, state,
and federal laws.
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(0) PLEDGING CREDIT. GRANTEE shall not pledge the State of Florida's or
OTTED's credit or make the State ofPlorida or OTTED a guarantor of payment or surety for
any contract, debt, obligation, judgment lien, or any form of indebtedness.
In Witness whereof, the Parties hereto have caused this Agreement to be executed
by their undersigned officials as duly authorized.
DATE: June. 28. 2001
WITNES~~
As 0{6I27/01
2001ClearwaterContract
CITY OF CLEARWATER
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NAME: ~II ~~
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TITLE: /k61~~ C!/ty PJIhJ~'-
DATE: June 28. 2001
WITNESS: ~ ~/
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SCOPE OF WORK
City of Clearwater
Brownfields Assessment and Remediation Project
State of Florida
Executive Office Of The Governor -
Office Of Tourism, Trade, And Economic Development
Grant Number OT -01-123
Pursuant to Section 23, Chapter 200-317, Laws of Florida
Project Manager:
Miles G. 8allogg
Clearwater Brownfields Coordinator
City of Clearwater - Economic Development Team
P.O. Box 4748
112 South Osceola Avenue
Clearwater, Florida 33758-4748
TEL: (727) 562-4023 I FAX: (727) 562-4075
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Submitted: July 2001
Project Period: July 2001- December 2001
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ATTACHMENT "A"
SCOPE OF WORK
ASSESSMENT IREMEDIATION OF ORPHANED AND ABANDONED SITES
CLEARWATER BROWNFIELDS AREA
Pursuant to Section 23, Chapter 2000-317, Laws of Florida
OITED Grant Agreement # OT -01-123
PURPOSE
This document will describe the intended uses of funding provided through Section 23, Chapter
200-317 Laws of Florida for the purposes of Brownfields redevelopment in the Clearwater
Brownfields Area (CBA) as designated in the City of Clearwater's Resolution 97-57. The
attached Grant Agreement requires this scope of work #OT-01-123 provided by the Executive
Office of the Governor-Office of Tourism, Trade, and Economic Development (OTTED). This
Grant Agreement is for the purpose of funding assessment and remediation at Brownfields sites
or areas designated pursuant to section 376.80, Florida Statutes, prior to April 1,2000, that are
United States Environmental Protection Agency Brownfields Pilot Projects designated prior to
July 1, 1997, at which site assessment has been initiated as of April 1, 2000.
INTRODUCTION AND GENERAL PROJECT DESCRIPTION
As a result of Section 23, Chapter 200-317 Laws of Florida, the City of Clearwater is eligible for
$111,000 of State funding to develop and redevelop commercial and orphaned and abandoned
sites within the Clearwater Brownfields Area (CBA). The remediation of the proposed primary
project site will augment the activities specified in existing State and EPA Brownfields work
plans and will provide much needed redevelopment and assessment and remedial funding for
the primary project and may assist other projects located within the Clearwater Brownfields
Area.
Funding provided under this agreement will provide services necessary to remove
environmental impediments from the primary project site located within the
Brownfields/Enterprise Zone Areas to allow for the commercial development. Further, activities
funded through this funding will serve as a catalyst to the redevelopment of the Clearwater
Brownfields/Enterprise Zone Areas.
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SPECIFIC USES
The funding provided under this agreement may be utilized to perform the following activities on
the Primary Project Site and other commercial and orphaned and abandoned sites within the
CBA:
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. Phase I Environmental Assessments
. Phase II Environmental Assessments
. Site preparation - bringing properties to acceptable environmental conditions
. Demolition of Commercial Structures, if demolition is necessary to remove or abate
contamination of groundwater or soil
. Hazardous and Non -Hazardous Waste Removal
. Site Stabilization - including grading and dust and erosion control measures, if site
stabilization is necessary to perform site rehabilitation or the result.of site rehabilitation work
. Removal of Pollutant Storage Tanks & Hydraulic Lifts
. Performance of Pollutant Storage Tank and Hydraulic Lift Closure Reports
. Performance of Initial Remedial Actions '
. Preparation of Site Assessment Reports
. Preparation of Remedial Action Plans
. Remedial Activities
. Legal Representation and Fees (for Environmental Issues)
. All Other Activities Required to remove Environmental impediments to redevelopment
including but not limited to negotiating Brownfield Site Rehabilitation Agreements and Risk
Based Corrective Action Remedies
This list is not to be considered all-inclusive of the activities required for funding. However,
required activities not listed will be presented to the OTTED project manger for approval prior to
implementation.
PROPOSED PROJECTS
The following is the proposed Primary Project Site for the use of funding under this agreement.
This project may be substituted with other viable, remediation projects within the CBA. In the
event that funding is available at the completion of the proposed primary project, additional
projects will be sought for assessment, remediation and redevelopment within the CBA.
1. Primary Project Site - 601-613 South Fort Harrison Avenue - This project will involve the
continued assessment, hydraulic lift removal and remediation of a former automotive
dealership located within the Clearwater Brownfields and Enterprise Zone. This site is being
prepared for the future development of Harbor Oaks Shopping Center. A proposed 27,887
SF Publix Grocery Store will anchor this development with an additional 16,300 SF of retail
space to be provided as a result of the project.
This project is projected to provide over 210 new jobs, many of which will be accessible to
residents of Brownfields and Ente,rprise Zone. The project is also anticipated to generate an
estimated capital investment of over $9,601,000. This project will serve as a catalyst for the
redevelopment of other adjacent underutilized commercial locations and will stimulate
economic development in the Clearwater Brownfields and Enterprise Zone Areas.
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City of Clearwater Brownfields Program-
State OITED Remediation Grant #- OT 01-1232000
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Specifically, the funding from this grant source will be utilized to conduct a Limited Phase II
Environmental Assessment, the removal and disposal of 17 hydraulic lifts, and excavation
and disposal of associated contaminated soils discovered during the hydraulic lift removal.
Additional assessment and remediation may also be required as a result of the removal
effort (see Attachment "B" for a detailed scope of work and budget for the project). The
Environmental assessment and remediation of this site will be contracted directly by Harbor
Oaks L.L.C. White Development Company and will be performed by a City Approved
Brownfields Contractor. The City will provide reimbursement to Harbor Oaks Development,
L.L.C. for assessment and remedial activities included in the attached scope of work for this
project completed prior to December 15, 2001. All work funded under this grant will meet all
Federal, State and Local laws and regulations.
Preliminary Estimate Costs - $ 85,873.00
Projected Time Line - Completion by December 15, 2001
2. Various Commercial and Orphaned and Abandoned Sites - The CBA currently has over
220 regulatory listed sites with nearly 50% of these reporting contamination. Additional
orphaned and abandoned sites are also located within the area. These sites include
Salvage Yards, Dry Cleaning Facilities, Former Printing Press Facilities, Auto Body/ Repair
Shops and numerous petroleum contaminated and solvent contaminated sites.
In the event that the above mentioned project does not require the expenditure of the full
grant amount of $111,000, the remainder of the funding from this appropriation will be
utilized to possibly assist a number of these sites to remove environmental impediments as
needed. The City will focus on its continuing strategy of providing funding to "Market Ready
Sites" that will result in viable Economic and Community Development projects throughout
the CBA.
The priority for this residual funding will be the actual removal of contamination from
properties within the Brownfields Area. The funding will be utilized for the remediation of
commercial properties that contain underground storage tanks, hydraulic lifts, solvent and
pesticide contamination and/or asbestos containing materials. Based on current
assessments and status of development projects, these specific projects would be priorities
for the remainder of the funding:
. Redevelopment of the former Dimmitt Chevrolet dealership for the future home of the
Mediterranean Town Home Project.
. Redevelopment of the Former Clearwater Sun for a mixed use project (residential/office).
. Redevelopment of the Paone property for a mixed use development (office/retail).
Preliminary Estimate Costs- $25,127.00 to be modified and based on remaining funding
from primary project site listed above.
Timeline - Projects to be completed by 12/15/01
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City of Cleanvatcr Brownfields Program -
State OITED Remediation Grant # OT 01-123 2000
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Reports
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A written Progress Performance Report will be ,provided to the OTTED project manager prior to
December 15, 2001. The report will contain a discussion of all project activities as well as such
reports and documentation as to demonstrate that the scope of work has been successfully
completed. The Performance report will also include a written account of actual expenditures in
comparison with the proposed project expenditures found in Attachment B.
Scope of Work Policy
The proposed projects described in this document may be modified as the redevelopment of the
Clearwater Brownfields Area evolves. It is to be expected that this scope of work may require
modification to remain an effective document. The Clearwater Brownfields Area is subject to
change in accordance with the adoption or modification of a res~lution as required by Chapter
376.80 of the Florida Statutes. The proposed budget in this document is pending approval of the
City Commission. Any modifications of this Scope of Work, Clearwater Brownfields Area and
use of State Funding under the attached agreement will be submitted to OTTED project
manager for review and approval.
Points of Contact
Miles Ballogg, Clearwater Brownfields Coordinator Project Manager for the City of Clearwater, is
the Project Administrator for this project. Any significant conversations or comments regarding
this grant funding shall be channeled through Mr. Ballogg. All correspondence to the State from
the City regarding activities outlined in this work plan will be directed to Ms. Mary Helen
Blakeslee, State Brownfields Liaison at the Governors Office of Tourism Trade and Economic
Development.
Miles G. Ballogg
Clearwater Brownfields Coordinator
Project Manager
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
TEL: (727) 562-4023
FAX: (727) 562-4075
EMAIL: mballoaa(a)c1earwater-f1.com
Table 1-1
Clearwater Brownfields Redevelopment Work Plan
Points of Contact
Ms. Mary Helan Blakeslee
Brownfields Liaison
State of Florida -Executive Office OF The Governor
Office of Tourism, Trade, And Economic Development
The Capitol, Suite 2001
Tallahassee, Florida 32399-0001
TEL: (850) 487-3014
FAX: (850) 922-8743
EMAIL: BlakesM((j)eoa.state.f1.us
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City of Clearwater Brownfields Program-
State OrrED Remediation Grant # OT 01-1232000
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I ATTA~~;'~NT "8,,1
Budget Summary for Agreement IDetailed Scope of Work for Primary Project
Sitel General Scope of Work for Remaining Funds
BUDGET SUMMARY FOR OTTED GRANT AGREEMENT
OT -01-123
Estimated Budget for Primary Project Site 601-613 S. Ft. Harrison*
Estimated Project Subtotal $39.943.00
Estimated Total Project Fee
10% Contingency
78,073.00
7,800.00
$ 85,873.00
Estimated Project Fees with Contingency
Various Commercial, Orphaned and Abandon
Sites with Estimated Professional Service
Cost
25,127.00
TOTAL AWARD AMOUNT
$111,000.00
Budget & Detailed Scope of Work for Primary Project Site
Re: Proposal- Limited Phase II Environmental Site Assessment
and Hydraulic Lift Removal
Dimmitt Property
601-613 South Fort Harrison Avenue
Clearwater, Florida
1.0 INTRODUCTION
URS Corporation (URS) is pleased to submit this proposal for environmental work to be performed at the
above-referenced property. Specifically, this proposal includes the scope of work, schedule and
estimated fee for completion of the following:
. A Limited Phase II Environmental Site Assessment (ESA);
. Removal and disposal of 17 hydraulic lifts; and
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City of Clearwater Brownfields Program -
State OITED Remediation Grant # OT 01-1232000
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Excavation a)d disposal of contaminated soils.
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2.0 BACKGROUND
In April 2001, URS conducted a Phase I ESA Update for the subject site and identified the presence of
numerous hydraulic lifts as an environmental concern. The Phase I ESA Update referenced a Phase II
ESA performed by URS (formerly Dames & Moore) at the Dimmitt Property in January 2000. During this
Phase II ESA, soil samples were collected and analyzed at each of the 17 hydraulic lift locations. The
analytical results indicated that soil samples collected at four hydraulic lift locations (HL-1, HL-2, HL-7
and HL-14) contained concentrations of total recoverable petroleum hydrocarbons (TRPH) that exceeded
the residential direct exposure and leachability soil cleanup target levels of 340 milligrams per kilogram
(mg/kg). Two of these soil samples (HL-1 and HL-7) contained TRPH at concentrations that exceeded
the industrial soil cleanup target level of 2,500 mglkg. A soil sample collected at the vacant warehouse
(WH-1), located at the northeast portion of the parcel, also contained TRPH at a concentration (3,500
mg/kg) that exceeded the industrial soil cleanup target level.
Groundwater samples were collected at nine hydraulic lift locations (HL-1, HI-3, HL-6, HL-8, HL-11, HL-
12, HL-13, HL-14 and HL-15). The groundwater samples were analyzed for volatile organic compounds
and TRPH. The groundwater samples did not contain detectable concentrations of TRPH. The
groundwater sample collected at hydraulic lift location HL-13 contained one volatile organic compound
(chloroform) at a concentration of 5.9 micrograms per liter (J.1glL) that slightly exceeded the groundwater
cleanup target level of 5.7 J.1g/L. The presence of chloroform in this and several other groundwater
samples was attributed to the use of tap water for steam cleaning the sampling equipment.
3.0 OBJECTIVES
An objective of the Limited Phase II ESA will be to evaluate the extent of impacted soil in the vicinity of
hydraulic lifts HL-1, HL-2, HL-7 and HL-14 and in the vicinity of impacted soil in the warehouse area. An
additional objective will be to evaluate groundwater quality in the vicinity of hydraulic lifts HL-2 and HL-7
and in the vicinity of the warehouse area. Upon completion of the Limited Phase II ESA, the 17 hydraulic
lifts located on the subject property will be removed and disposed. Areas of impacted soil that have been
identified during the Limited Phase II ESA will be excavated and properly disposed.
4.0 SCOPE OF WORK
4.1 TASK 1- PROJECT MANAGEMENT AND UTlUTY CLEARANCE
URS will assemble the appropriate project team to conduct assessment activities. This task includes
project management, which consists of project planning, scheduling, initiation and coordination with
subcontractors. In addition, as required by the State of Florida, URS will contact the local agency
responsible for underground utility clearance, which requires a 72-hour notice prior to intrusive work.
4.2 TASK 2- LIMITED PHASE II ESA
Soil and groundwater samples will be collected at the subject site in accordance with URS'
state-approved comprehensive quality assurance plan. The samples will be collected using direct-push
equipment (Geoprobe) at four hydraulic lift locations (HL-1, HL-2, HL-7 and HL-14) and in the vicinity of
soil sample WH-1. The sampling equipment will be decontaminated between each sampling location to
mitigate the potential for cross contamination. The groundwater samples will be collected at the water
table interface.
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City of Clearwater Brownfields Program -
State OITED Remediation Grant # OT 01-1232000
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4.2.1 Soil Assessment
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URS proposes to collect soil samples at four locations surrounding each of the four hydraulic lifts and the
area surrounding soil sample WH-1 using Geoprobe sampling equipment. At each sample location, soil
samples will be obtained from land surface to two feet below land surface then from three feet to five feet
below land surface. A total of 40 soil samples will be collected for laboratory analysis. Soil samples will
be placed in laboratory-supplied containers, labeled and placed in an ice-filled cooler. A Chain-of-
,Custody form will be completed and the soil samples will be forwarded to a certified laboratory for
analysis.
Each soil sample will be analyzed for polynuclear aromatic hydrocarbons (EPA Method 8310), TRPH
using the Florida Petroleum Range Organic (FL-PRO) method and arsenic, cadmium, chromium and
lead. One soil sample at each location will be analyzed for volatile organic compounds (EPA Method
8021). In accordance with quality assurance requirements, four duplicate samples and two equipment
blanks will be collected and analyzed for the parameters listed above.
4.2.2 Groundwater Assessment
Groundwater samples will be obtained at hydraulic lift locations HL-2 and HL-7 and sample location WH-
1 using Geoprobe sampling equipment. The groundwater samples will be placed laboratory-supplied
containers, labeled and placed in an ice-filled cooler. A Chain-of-Custody form will be completed and the
groundwater samples will be forwarded to a certified laboratory for analysis.
The groundwater samples will be analyzed for volatile organic compounds (EPA Method 8021),
polynuclear aromatic hydrocarbons (EPA Method 8270), TRPH using the FL-PRO method and total and
dissolved metals (arsenic, cadmium, chromium and lead). For dissolved metals analysis, the
groundwater samples will be collected using disposable one-micron filter cartridges. ,For quality
assurance purposes, an equipment blank will be collected and analyzed for the parameters listed above.
4.2.3 Data Evaluation
Following receipt of the laboratory reports, URS will evaluate the analytical results. The analytical results
will be compared to soil and groundwater cleanup target levels established in Chapter 62-777, Florida
Administrative Code. Data evaluation will allow URS to estimate quantities of soil that will require
removal at these five areas.
4.3 TASK 3 - HYDRAULIC LIFT REMOVAL
This proposal includes the removal of 17 hydraulic lift cylinders and associated lines and tanks. The
cylinders and associated lines and tanks will be removed, drained and properly disposed. During the
removal of the cylinders, visibly contaminated soil will be removed. Contaminated soil will also be
removed from the area surrounding sample location WH-1. At this time, the amount of contaminated soil
that will require removal is not known. For the purposes of this proposal, URS assumes that 250 tons of
soil will be removed. This proposal also assumes that concrete debris generated during removal of the
lifts and contaminated soil will remain on the subject property.
Confirmation soil samples may be required if visibly contaminated soil is encountered at hydraulic lift
areas that did not indicate impacted soil during the Phase II ESA conducted in January 2000. This
proposal includes the analysis of up to ten confirmation soil samples that will be collected at the lift areas
following removal. The confirmation soil samples will be placed in laboratory-supplied containers,
labeled and placed in an ice-filled cooler. A Chain-of-Custody form will be completed and the soil
samples will be forwarded to a certified laboratory for analysis.
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City of Clearwater Brownfields Program -
State OTTED Remediation Grant # OT 01-1232000
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The soil samples will be analyzed for volatile organic compounds (EPA Method 8021), polynuclear
aromatic hydrocarbons (EPA Method 8310), TRPH using the FL-PRO method and arsenic, cadmium,
chromium and lead. In accordance with quality assurance requirements, one duplicate sample will be
collected and analyzed for the parameters listed above.
Contaminated soils will be stockpiled on site and covered with visqueen. URS assumes that up to three
composite soil samples will be collected from the soil stockpile. The composite soil samples will be
placed in laboratory-supplied containers, labeled and placed in an ice-filled cooler. A Chain-of-Custody
form will be completed and the samples will be forwarded to a certified laboratory and analyzed for non-
virgin pre-bum parameters. This proposal assumes that excavated soil is acceptable to a thermal
treatment facility.
4.4 TASK 4 - REPORT PREPARATON
Upon completion of the tasks previously described, URS will incorporate the findings of this investigation
into a Hydraulic Lift Removal Report. This report will include pertinent background information, a
summary of assessment activities and field observations, evaluation and discussion of the analytical
results and data collected, and conclusions. The report will also include site plans showing the areas of
excavation and disposal documentation.
5.0 SCHEDULE
URS is prepared to begin work at the site within one week following receipt of written authorization to
proceed. The utility clearance requires a 72-hour notice. Field activities associated with the Limited
Phase II ESA will be completed in one to two working days. The laboratory results will be provided in
approximately five to seven working days following submittal of the soil and groundwater samples.
The removal of the hydraulic lifts and excavation of contaminated soil is estimated to require six to seven
working days to complete. Laboratory results for the pre-bum and confirmation soil samples will be
provided in approximately five to seven working days. Loading and transportation of stockpiled soil will
be scheduled within a week following receipt of the pre-bum laboratory results and acceptance of the
material by a thermal treatment facility. The report will be submitted approximately two to three weeks
following receipt of all laboratory analytical results and disposal records.
6.0 ESTIMATED PROJECT FEES
URS proposes to perform the scope of work described herein on a time and expense basis in
accordance with the terms and conditions in accordance with our General Conditions - Form Band
Schedule of Charges, which are attached. The unit costs and estimated project fees for this project are
provided below. Unit costs and estimated fees for the contractor work are provided in the attached Bid
Schedule.
Task Description
URS
Laboratory/Drilling
Project Management
$1,500
$0
Limited Phase II ESA
$ 2 Field Days/Sampling
(2 days x 10 hrs x $60/hr)
(6 hrs x $1 02lhr)
$2,556
$2,650
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City of Clearwater Brownfields Program-
State OITED Remediation Grant # OT 01-1232000
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$
$
$
(6 hrs x $74/hr)
(2 vehicle trips x $50/day)
(Field supplies @ $200)
46 Soil Samples
(8310/FL-PRO/metals @ $270)
7 Soil Samples '
(8021 @$110)
4 Groundwater Samples
(8021/8310/FL-PRO/metals @ $430)
$0
$0
$0
Task Description
Hydraulic Lift/Soil Removal
$ 6 Field Days/Sampling
(6 days x 10 hrs x $60/hr)
(12 hrs x $102lhr)
(6 vehicle trips x $50/day)
(Field supplies @ $200)
$ 11 Confirmation Soil Samples
(8021/8310/FL-PRO/RCRA metals @ $380)
$ 3 Pre-Bum Soil Analyses
(3 x $370/sample)
$5,324
$0
$0
Data Evaluation and Reporting
$ Reporting
(4 copies of signed/sealed report)
Estimated Project Subtotal
Estimated Project Total
$5,900
$15,280
$12,420
$770
$1,720
URS
Laboratory/Drilling
$0
$4,180
$1,110
$0
$22,850
$38,130
Labor rates per labor category and equipment rates for URS personnel and equipment that are
anticipate,d to be used on this project are provided below:
Associate Grade 15 - $128/hour
Senior Geologist/Engineer Grade 14 - $102lhour
Project Geologist/Engineer Grade 12 - $74/hour
Staff Geologist/Engineer Grade 10 - $60/hour
Clerical/Support Staff Grade 6 - $52/hour
CADD/Drafting Grade 8 - $66/hour
Vehicle - $50/day
10% handling charge on subcontractors and materials obtained for the project.
BID SCHEDULE
HYDRAULIC LIFT REMOVAL
601-613 SOUTH FORT HARRISON
CLEARWATER, FLORIDA
The total quantities for the hydraulic lift system and petroleum impacted soil removal are
estimated and may vary based on conditions in the field. The unit cost will be used if more or
less is encountered. URS has selected Advantage Environmental Services to complete the
removal of the hydraulic lifts, removal of impacted soil and associated field tasks. Mr. J.W.
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City of Clearwater Brownfields Program -
State OlTED Remediation Grant # OT 01-1232000
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, Hunter is the PSSC Contraclr (license number PCC055739). rle contractor is responsible for
providing all labor, equipment and materials to complete the work. The unit costs include a 10%
handling charge.
BID ITEM
UNIT QTY UNIT COST TOTAL
Mobilization - Hydraulic Lifts/Soil Excavation LS 1 $550 $550
Removal of hydraulic lifts (includes removal Each 17 $1,000 $17,000
of minimum of 5 ft. by 5 ft. area of 6-inch to
14-inch thick concrete slab, draining lifts and
lines, removal of lines, removal and
disposal of lifts and any above ground or
underground tanks associated with the lift)
Disposal of hydraulic fluids (non-PCB) Drum 15 $138 $2,070
Excavation and stockpiling of contaminated Ton 200 $16.17 $3,234
soils from lifts, includes plastic sheeting, labor &
equipment
Excavation and stockpiling contaminated soils Ton 50 $17.28 $864
from warehouse building, includes plastic
sheeting, labor and equipment
Loading, transporting and disposal of petroleum Ton 250 $49.50 $12,375
impacted soils for thermal treatment (lifts and
warehouse building)
Analytical testing of hydraulic fluids for disposal Each 4 $165 $660
BID ITEM
UNITQTY UNIT COST TOTAL
Backfill Material CY 200 $8.25 $1,650
FOOT approved 55-gallon drums (as needed) Each 20 $49.50 $990
Temporary fencing around hydraulic lift area LS 1 $550 $550
Estimated Project Subtotal from Bid Schedule $39,943
Estimated Total Project Fees $78,073
10% Contingency $7,800
Estimated Project Fees with Contingency $85,873
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City of Clearwater Brownfields Program -
State OITED Remediation Grant # OT 01-1232000
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. Optional Bid Items
Mobilization (if additional soils are required
to be removed)
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LS
1
$550
$550
Loading, transporting and disposal of
petroleum impacted soils for thermal
treatment
per 55
gal. drum
20
$190
$3,800
Loading, transporting and disposal of petroleum Ton 250
impacted soils that do not meet thermal
treatment criteria, non-hazardous
$152
$38,000
Notes:
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The quantities listed herein are estimates only. Unit rates will apply. If additional items are required or
are requested, URS will provide a proposal addendum to this cost estimate. URS will provide disposal
records, weight tickets and laboratory analysis used for waste charactenzation. The stockpiled soils will
be covered with plastic until the soils are removed from the site. No compaction of backfill material is
included in this proposal. This scope of work does not include the transportation and disposal of
concrete removed during lift removal.
The cost estimate and terms described herein are valid for up to 30 days from the date of this proposal.
Any variations to the schedule or, scope of work may require a modification of the cost estimate. It is
URS' understanding that the signatory contracting this work, as the client, is authorized to enter into this
agreement with URS.
General Scope of Work and Budget Summary for Remaining Funds
Funds not expended from the primary project site will be utilized to perform the following activities on
priority sites within the Clearwater Brownfields Area:
. Site preparation - bringing properties to acceptable environmental conditions
. Demolition of Commercial Structures, if demolition is necessary to remove or abate contamination of
groundwater or soil
. Hazardous and Non -Hazardous Waste Removal
. Site Stabilization - including grading and dust and erosion control measures, if site stabilization is
necessary to perform site rehabilitation or the result of site rehabilitation work
. Removal of Pollutant Storage Tanks & Hydraulic Ufts
. Performance of Pollutant Storage Tank and Hydraulic un Closure Reports
. Performance of Initial Remedial Actions
. Preparation of Site Assessment Reports
. Preparation of Remedial Action Plans
. Remedial Activities
. Legal Representation and Fees (for Environmental Issues )
Preliminary Estimate Budget. $25,127.00 to be modlfled and based on residual funding from
primary project site listed above.
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City of Clearwater Brownfields Program-
State OTI'ED Remediation Grant # OT 01-1232000