CONSULTING AND REMEDIAL ACTION FOR PETROLEUM CLEANUP
-
I
I
CONSULTING AND REMEDIAL SERVICES AGREEMENT
THIS AGREEMENT, made as of 1994, by and between City of
Clearwater, Clearwater Florida ("0 er") 'A WD Technologies, Inc., a Delaware
Corporation, with headquarters in Rockville, Maryland ("Contractor").
WITNESSETH:
THAT, in consideration of their mutual promises and undertakings herein, the parties
hereto agree as follows:
1. SCOPE OF SERVICES
Contractor agrees to perform for Owner technical consulting and remedial action
services requested from time to time by Owner. Such services, and the time for their
performance, will be more particularly described in written instruments to be issued by Owner.
Such written instruments will refer to this Agreement and shall become effective when the
acknowledgment copy thereof is signed by a duly authorized officer of Contractor and returned
to Owner. No printed terms and conditions appearing on any such written instruments shall
supersede the terms and conditions of this Agreement.
2. COMPENSATION AND PAYMENT
At owner's request, Contractor may perform servIces at sites eligible for
participation in the Petroleum Cleanup Reimbursement Program, the Florida Petroleum Liability
and. Restoration Insurance Program, or the Abandoned Tank Restoration Program. In the event
that Contractor performs such services, Contractor shall apply directly to the Florida Department
of Environmental Regulation ("the Department") for reimbursement from the Inland Protection
Trust Fund. It is understood, however, that if Contractor should notify Owner that costs
associated with specific services are non-reimbursable and thereafter Owner gives written
consent to these services with this understanding, Owner shall reimburse Contractor for such
costs in accordance with Exhibit A which is attached hereto and incorporated herein by
reference. Payment shall be due within thirty (30) days of receipt of Contractor's invoice.
et; trJai-
~m't\Cl."wat.RSA
l
I
J
Owner agrees to indemnify Contractor against damages to and liabilities of
Contractor (including reasonable attorney's fees) for personal injury, death, or property damage
resulting from Owner's sole negligence. If such personal injury, death or property damage does
not result from Owner's sole negligence, then Owner shall indemnify Contractor for such
damages and liability to the extent of Owner's negligence.
Owner and Contractor recognize and agree that Contractor bears no responsibility
whatsoever for the creation, existence or presence of any toxic, hazardous, radioactive,
infectious or other dangerous substances existing at Owner's work site at the time Contractor
commences performance of services at said site ("Pre-existing Conditions"). Under no
circumstances will Contractor assume ownership of or legal liability for Owner's waste under
CERCLA or other laws pertaining to hazardous materials and wastes or assume the status of
generator, storer, treater or disposal facility for Owner's waste under RCRA or any state law
governing the treatment, storage or disposal of waste. Contractor is responsible, however, for
arranging for the proper disposal of any hazardous waste and the proper handling of such waste.
Contractor's maximum aggregate liability under this agreement will be limited to
the amounts and coverages of the insurance specified in Article 8.
In no event shall Contractor be liable for any special, indirect or consequential
damages.
8. INSURANCE
Contractor will maintain at least the following types and amounts of insurance:
Worker's Compensation
As required by statute
Commercial General Liability
Bodily Injury and Property $1,000,000 each occurrence
Damage $2,000,000 aggregate
Automobile Liability (owned and non-owned)
Bodily Injury and Property $1,000,000 each occurrence
Damage Combined
I: \Contract\Clearwat. RSA
I
J
A certificate of insurance naming the City of Clearwater as additional insured will
be provided by Contractor at Owner's request.
9. TERM OF AGREEMENT
This agreement shall be effective as of the date hereof and shall continue in effect
until terminated by either party at any time upon thirty (30) days' written notice to the other.
Upon termination, Contractor shall turn over to Owner data and information gathered or
developed for any incomplete study hereunder and shall invoice Owner for all services
performed by Contractor prior to the time of termination which have not previously been
compensated. In addition, reasonable costs incurred in the process of termination will be
reimbursed by Owner.
10. ASSIGNMENT AND SUBCONTRACTING
Subcontracting or assignment of this Agreement or any part thereof by Contractor
will not be permitted without the prior approval of Owner.
In the event any subcontracting is so approved, the subcontract shall specify that
the provisions of the subcontract shall be subject to, and the subcontractor shall comply with,
the provisions of this Agreement.
11. LEGAL REOUIREMENTS
Contractor shall secure all licenses or permits required by law and shall comply
with all ordinances, laws, orders, rules, and regulations pertaining to its services hereunder.
I: \Contract\Clearwat. RSA
I
I
12. CHANGES OR MODIFICATIONS
It is understood that changes or modifications to the Agreement must be approved
by Owner's representative. Owner representatives authorized to make changes to purchase
orders issued in accordance with Article 1 of this Agreement will be specified in each individual
purchase order issued.
13. GOVERNING LAW
This Agreement shall be deemed to be a Florida contract and shall be construed
in accordance with, and governed by, the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year herein above first written.
CITY OF CLEARWATER
Countersigned :
By:
~~~
Elizabet eptula
, City Manager
Rita Garvey
Mayor-Commissioner
(Date)
Approved as to form and Correctness:
~{(ifrH~ a-
By:
- ~.l'i.~o,~
~
Assistant City Attorney
City Attorney's Office
Cy t ia E. Goudeau....
City Clerk
AWD TECHNOLOGIES, INC. (Contractor)
I: \Contract\Clearwat. RSA
Fixed Hourly Billing Rates
Labor
Cateqory
15
14
13
12
11
10
9
8
Equipment Rates
Equipment
Utility Vehicle
Data Logger
Hand Auger
OV A/PID/FID
Portable GC
Ph Meter
Peristaltic Pump
Bailer
Water level indicator
Interface Probe
Conductivity Meter
Miscellaneous Rates
Computer Time
CAD Time
Other Direct Charges
Communications
CHRON-RN/013
. I: \Contract\Clearwat.RSA
I
EXHIBIT A
A WD Technologies
Labor Rate Schedule
Direct Reimbursement Sites
November 3, 1993
Typical Title
Secretary
Technician
Administrative Assist.
CAD Operator
G eolo g i st/Eng i n eer /Sci entist
PE/PG
P~ojeGt MClnag~r '.
Office Manager
I
Hourly
Labor Rates
$35.00
$47.00
$47.00
$47.00
$65.00
$80.00
.$80.00.. .
$110.00
Daily Rate
$75.00
$200.00
$1 5.00
$100.00
$250.00
$20.00
$25.00
$5.00
$10.00
$20.00
$10.00
$15.00/hr
$25.00/hr
At Cost Plus 15%
0.00
I
AWD
I
TECHNOLOGIES
A Subsidiary of
The Dow Chemical Company
July 20, 1994
City of Clearwater
Environmental Management
10 South Missouri Avenue
Clearwater, Florida 34616
Attention: Miles BaIlogg
RE:
Consulting and Remedial Services Agreement
Dear Mr. .Ballogg:
I am enclosing two executed copies of the referenced agreement. Please have the
appropriate individuals sign this agreement and return one fully executed copy to my
attention. You may retain one original for your files.
I have requested that a Certificate of Insurance be forwarded to your attention. If I can
be of any further assistance, do not hesitate to call. It has been a pleasure working
with you.
Very Truly Yours
?'1rt-v f> :4.vO;u~
pegfy\Jp.'sowinSki
Senior Contract Specialist
AWD Technologies, Inc.
15204 Omega Drive Suite 200 Rockville Maryland 20850 Telephone 301 9480040 Fax 301 9486094