2006-01"<HAI`IDEX ENVIRONMENTAL SERVICES AGREEMENT
....................................................................
AGREEMENT TO PERFORM
ENVIRONMENTAL SERVICES BETWEEN
HANDEX CONSULTING AND
REMEDIATION -SOUTHEAST, LLC
AND
THE CITY OF CLERMONT
PUBLIC SERVICES DEPARTMENT
Hander Consulting and Remediadon -Southeast, LLC (Hander), with as office located at 30941
Suneagle Drive, and The City of Clermont, Public Services Department (Client) with an office located at 400
12"' Street, Clernont, Florida 34? l 1, enter into this Environnrer-tal Services Agreement (Agreement) this 16th
day of March, 2006, for the purpose of engaging Hander to perform the work deserrbed in Article 1 and
Fachibit "A"below for the compensation set forth in Article 2 and Exhibit "A" below, incorporated haeui by
reference.
Article 1. Scope of Work
Hander shall furnish labor, material, tools, equipment, supervision and services necessary to
perform the work (the Work), within the time schedule, and for the compensation listed in Article 2. and
Exhibit "A", Scope, Schedule and Compensation.
• Artkle 2. SchedulelCompenaation
Hander shall complete the Work by Apri128th, 2006, and accept as compensation the maximum
sum of $9,705.02 NTE with appropriate cost reductions for work not executed. In the event of inclement
weather, the completion daft shall be extended up to 15 days designated as `weather days." Application of
`Pain or snow days" shall be appropriate where it is urneasonable to work during the majority of any
scheduled workday due to rain, snow or other inclement weather conditions that make it impracticable to
work The reasonable, additional costs borne by Handez due to rain or snow days, outside of Handez'
control, shall be reimbursed by Client. Schedule and compensation may be further descnbed in Exhibit "A"
Article 3. Billing/Schedule of Payment
Unless otherwise specified in Exhibit "A," Hander shall submit invoices to Client monthly for
the Work performed or materials delivered to the site. Invoices shall be deemed correct and binding upon
Client unless, within 15 days from the date of receipt, Client notifies Handea in writing of the portion or
portions of tbe invoice in dispute. Client shall pay in full all undisputed portions of an invoice on or before
the invoice due date. If payment is not received by Hander within thirty (30) days of the invoice date, in
addition to the invoice amount, Client shall pay a service charge of one percent (1 %) per month, or portion
thereof, on the uapaid balance until paid. If payment is not received as provided herein, Client agrees to
reimburse Handea for all costs and expenses of collection, including, but not limited to, reasonable
attorney's fees.
Cons-33
Form Datc 10!13/03
:k:.
~~ HANDEX ENVIRONMENTAL SERVICES AGREEMENT
....................................................................
• Article 4. Acceptance of Worlc/Flnal Payment
Hander shall notify Client when the Work is at a point of substantial completion Client shall meet
Hendea for final inspection of the Work and either provide Handez with a list of deficiencies or approve the
Work. Faihue to notice Handez of deficiencies the work within fifteen (15) days of receipt of notice of
substantial completion shall deem the work accepted. Handez shall request final payment from Cltent by
submitting an invoice marked "Final: '
Article 5. Change Orders
(a) Changes in the Work maybe made by Hendea only by written order (Change Order), must include
any change in cost, and must be signed by both Client and Handez
(b) Hendea shall notify Client, ii; during the performance of Services, any hazardous substances or
other hazardous conditions or occurrences are encountered which were not known before the inception of
the work. Should such conditions inhibit Handez' ability to provide Services, Handez and Client shall
either (i) agrce to modify the scope of Services pursuant to Article 5(a), or (ii) terminate the contract
pursuant to Article 16.
Article 6. Safety
Handez agrees to perform the Work in a safe mariner, protective of persons, incompliance with
applicable safety laws and governing rules and regulations, including OSHA safety regulations. Handez shall
be responsible for assuring its employees and agents have safety shoes, safety glasses and other required
personal safety equipme~ and training.
• Artiicle 7. warranties
Hander shall perform the Work in a good and worlcrnanlike manner in accordance with the terms,
conditions, and specifications of this Agreement, and exhibits and attachments. Handez agrees to perform the
Work in a manner consistent with that level of care and skill ordinarily exercised by industry members
engaged in similar work under similar conditions, and during the same period.
Handez warrants its work under this agreement for a period of one (1) year from tbe date of
substantial completion Any acUion for breach of the equipment warranty shall be brought within one year
from that date. Hander shall assign to the Client the manufacturers warranty, if available, for any new
equipment furnished by Hander.
Warranties contained this Section are exchrsive and in lieu of all other warranties, either express or
implied, including those of merchantability or fitness for a particular purpose, whether written, oral, or
implied, in fact or in law. No affirmation of Handez or its employees or agents, by words or actions, other
than as set forth in this Section shall constitute a warranty or guaranty. Handez' obligations under any
warranty shall cease and no warranty shall exist if Client or any unauthorized third party shall (i} interfere
with Handez' performance or services or (ii) damage, misuse, improperly maintain, or without prior
written authorization from Hander, modify, adjust or repair any of the equipment or goods used, sold,
leased, or otherwise provided by Hander in providing services.
Article 8. Indemnity
(a) Client and Hander shall each indemnify, defend, and hold harmless the other from and against those
claims, demands, judgments, losses, damages, costs and expenses, iachrding reasonable attorney's fees arising
Cont-33
Form Date 10/13/03
•
~HAI`IDEX ENVIRONMENTAL SERVICES AGREEMENT
• from personal injury, death or damage to property, to the extent, resulting from ita negligence or willful
misconduct. Where i~ury or damage results from joint negligence or misconduct of both parties, the
indemnitor's duty of indemnification shall be in proportion m its relative fault. The parties agree that neither
will be liable to the other for any consequential or incidental damages arising from or in connection with
performance of the Work
(b) Cheat and Hendee shall each indemnify, defend, and hold harmless the other firm and against those
claims, demands, judgments, losses, damages, costs and expenses, inchuling reasonable attorney's fees, to the
extent, arising fivm the violation or alleged violation of aay laws, rules, regulations or valid orders or patent
infringement.
Ar~cle 9. 7nsarance
(a) Hendee shall procure and maintain at its expense, during the term of this Agreement, the following
insurance coverages in amounts not less than:
Coveraee
Commercial General Liability
Automobile Liability
~~Y ~.TmY)
Automobile Liabr~ity
(Pr'c'p~'h' D~~)
•
Workers Compensation
Employer's Liability
Professional Environmental
Consultant's Liability
Linuts
$1,000,000 per occurrence
$1,000,000 aggregate
$1,000,000 per occurrence
$1,000,000 combined single limit
Statutory
$1,000,000
$1,000,000
(b) Handea shall provide Client with a certificate of insurance both general liability and auto liability,
prior to the beginning of work General liability, auto and worker's compensation coverages shall be written
on an occurrence basis form.
Article 10. Limitation on Liability
Hander' liability relating to the performance of this Agreement SHALL BE LIlVII'TED to
$1,000,000; said amount to be consistent with the insurance coverages rcquirod herein. Client understands
and agrees that reliance upon the Work is limited to Client. Any third party reliance that maybe available
is contingent upon agreement by Hander, authorization by Client and upon the execution by a third party
of a letter of understanding provided by Handez.
Article 11. Materials and Waste Handling and Disposition
Client hereby appoints Handez as its Attorney-in-Fact to prepare, to cause to be prepared, file for,
apply for, execute, acknowledge, obtain, or receive in Cheat's name any environmental, health, safety, or
hazardous waste permits, waste manifests, waste characterization sheets, generator waste material profile sheets
or property access agreements in connection with the Work to be performed pursuant to this Agreement.
Handez shall not have any right, title or interest in any portion of the site, inchrding but not limited to aay
Cunt-33
Form Date l0/13!03
~` HANDEX ENVIRONMENTAL SERVICES AGREEMENT
• hazardous materials, and Handex is not and has no authority to act in Handez's name as a generator,
arranger, transporter, or disposer of any hazardous or toxic waste, materials or substances that may be
found or identified on, at, or around the Site.
Article 12. Permits
Handez shall obtain permits other than environmental, health & safety work permits and those
pertaining to hazardous waste; the Client shall be responsible for obtaining environmental, health & safety
and hazardous waste permits. In the event that the Client is unable to obtain those permits, the Client
agrees to provide a Limited Power of Attorney to Handex for the purpose of obtaining the permits.
Article 13. Right of Entry
During the term of this Agreement, Client hereby grants to or agrees to obtain for Handez, its
employees, agents and subcontractors, an unrestricted right of entry to the Site and areas proximate to the
Site to enable Handex to provide Services required by this Agreement.
Article 14. Responsibility for Site Conditions; Information
Client assumes sole and complete responsibility for all pre-existing Site conditions and shall
provide all known and available information regarding the location of man made subterranean structures,
utilities or known hazardous conditions at the Site. Client understands and agrees that Handez may rely
upon the accuracy and completeness of Client-provided information in performing Services and that
Handex shall not assume any responsibility or liability for damage or injury to persons or property as a
result of said reliance.
• Article 15. Force Majenre
Hsndea shall not be held rESponsrble for any delay or failure to perform any part of this Agreement to the
extent such delay or failure is caused by fire, flood, excessive precipitation, explosion, war, strike, embargo,
government requirement, military authority or Acts of God.
Article 16. Termination
This Agreement maybe terminated by either party for cause upon seven (7) days written notice.
Parties shall be given a reasonable opportunity to cure. In the event of terminatioq Handez shall be paid
for Services performed up to the time of termination as provided in the notice plus reasonable termination
and/or shutdown expenses.
Article 17. Notices
All official correspondence between the parties sbali be written Written notices between the parties
shall be mailed or hand delivered to:
Handex Consulting and City of Clermont
Remediation - Southeast, LLC Public Services Department
Attn: Kimball D. Ergle Attn: Preston Davis
30941 Snneagle Drive 40012"' Strcet
Mt. Dora, FI 32757 Ctermoat, F134711
Coat-33 4
Form Date lo(i3/03
~; HAl\[DEX ENVIRONMENTAL SERVICES AGREEMENT
• Article 18. Independent Contractor
Handea is an independent contractor and as such, shall maintain co~lete control over the means of
performance, its employees, agents, and operations. Neither Hander nor anyone employed by Handea shall
represent to be, act, purport to act or be deemed to be the agent, representative, employee or setvarrt of Client.
Article 19. Applicable Law and Venue
The validity, perfa~rman~ce and construction of this Agreement shall be governed in accordance with
the laws of fire state where the work is performed For all disputes related to the work in this Contract, venue
shall be, at the option of Hander, in the state where the work is performed or in the Circuit Court for Lake
County, Florida.
Article 20. Severability
Jn the event that any provision of the Contract is found to be void or unenforceable under any law or
regulation, or by any Court of competent jurisdiction, the other provisions of this Agreement shall remain in
full force or effect.
Article 21. Entire Agreement
The parties hereto agree that this Agreement (and the documents attached hereto and/or
incorporated herein by reference) is intended by the parties as the final, complete and exclusive expression
of the terms and conditions of their agreement. No course of action or prior dealings between the parties
• and no usage of the trade shall be relevant to supplement this Agreement. 'This Agreement shall supersede
all prior written or oral agreements between the parties hereto and shall not be modified, added to,
superseded or othcrwise altered cxcept by a written modification signed by both parties.
Hander Consriltuag and
•
Remediation -Son t
BY:
NAME: Kimball D. Erlge
(Typed or Printed)
TITLE: Sr. PM, Southeast Region
DATE: 03/16/06
Coto-33
Form Date IO/13/03
City of Clermont
Public Servi ep rtment
BY: ~cu~-v
NAME: Preston Davis
(Typed or Printed)
TITLE: Public Services Director
DATE: .3~0~ r I D fie
"~~ HAND~7C ENVIRONMENTAL SERVICES AGREEMENT
....................................................................
•
Ezhibit "A"
Scope of Work, Schedule and Compensation
Scope of Work:
Hagdez is retained to provide the following: Remove 2 USTs, -500-gaUeach (estimated), backfill
excavation and perform environmental closure of the tanks pursuant to Chapter 62-761, FAC.
Schedule:
Handea shall shall complete the Work by Apri128th, 2006.
Schedule detail as follows:
Aandex anticipates that the physical tank removal will be completed during the week of April 10'" or sooner
as scheduling pemnits. The base env. closure will be completed concurrently. If a groundwater monitoring
well is required, installation and sampling will be completed within 30-days of the physical tank removal. A
closure assessment report will beprepared/submitted to Lake County within 60-days of completion of the
physical tank removal pursuant to 62-761 FAC.
Compensation:
Haadea shall accept as compensation the sum of $9,705.02 IvI'E with appropriate cost reductions
• for work not executed. Compensation detail as follows:
Base Tank Removal & Env. Closure $7,098.25 (w/o permitting & monitoring well installation/sampling)
Monitoring Well Installation & Sampling $2,606.77
Cone-33
Foam Date 10/13/03
~`~` HANDEX ENVIRONMENTAL SERVICES AGREEMENT
LIlVIITED, DURABLE POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS:
I, (Client) a residart of County, State of
and a citizen of the United States, have made, constitated and appointed, and by
these presents do make, constitute and appoint . of 13andez Consulting
and Remediatioa - , LLC my true, lawful attorney, for me and in my name, place and stead, to
have the fullest power and authority and perform these specific acts which I might or could do, and e~ressly
limited to do each of the following:
Prepare, cause to be prepared, file for, apply for, execute, acknowledge, obtain, or receive any
environmental, health, safety, or hazardous waste permits, waste manifests, waste characterization sheets,
generator waste material profile sheets or pr+operiy access agt~nerrts in connection with the Work to be
performed under the attached Agt~eement.
IN Wl'INFSS WIiFREOF I have hereunto set my hand and seal this day of
A.D. 20
Signed, sealed and delivered in
the presence of:
Witness signature
Name Printed or Typed
STATE OF _
COUNTY OF
Client Signature
Name Typed or Printed
I HEREBY CERTIFY that on this day, before me, an ol$ccer duly authorized in tbe State and County
aforesaid to take aclozowledgments, personally appeared (name(T) to me personally known to be the person
descxrbeci in and who executed the foregoing instnunent, and said prison acknowledged before me that said
person executed the same.
WPITiESS my hand and official seal in the County and State last aforesaid this day of
AD. 20
NOTARY PUBLIC:
Sign;
State of At Large
(~)
My Commission Expires:
TitleJRank:
Commission Number
Cont-33
Form Date 10/13/03
Petrotech Southeast Inc
GENERATOR'S WASTE CHARACTERIZATION PROFILE SHEET
GENERAL INFORMATION
GENERATOR NAME CITY OF CLERMONT TRANSPORTER Petrotech Southeast, Inc.
CILITY ADDRESS 899 MONTROSE STREET TRANSPORTER PH 800-293-1743
CLERMONT FL GENERATOR EPA ID # CESQG
GENERATOR STATUS
TECHNICAL CONTACT KIM ERGLE TITLE MGR
PHONE 352-735-1800 FAX 352-735-5990
NAME OF WASTE PCW WATERS / RINSEATES QUANTITY 500 GL
Continuous Waste Stream ^ Yes ® No ® Commercial automotive ^ Industrial
PHYSICAL CHARACTERISTIC OF WASTE
COLOR ODOR ®NONE ^ MILD ^ STRONG PHYSICAL STATE ~ 70° F LAYERS FREE LIQUIDS
DESCRIBE ^ Solid ^ Semi-Solid ^ Multilayered x Yes
x
x Liquid p Powder Bi Layered ^ No
^ Sin le Phased Volume 100
PH SPECIFIC GRAVITY FLASH POINT
^ < 2 ®7.1-10 ^ < .8 ^ 1.3-1.4 ^ < 70°F NO FLASH ^ GLOSED CUP
^ 2-4 ^ 10.1-12.5 ^ 8-1.0 ^ 1.6-1.7 ^ 70°F-100°F ^ >200°F
^ 4.1-6.9 ^ >12.5 ® 1.1-1.2 ^ >1.7 ^ 101°F-139°F ^ OPEN CUP
^ 7 ^ WA ^ NONE x 140°F-200°F
CHEMICAL COMPOSITION (Totals must add to 10096) DESCRIPTION OF PROCESS GENERATING THE WASTE STREAM
PCW WATERS / RINSEATES 90-99 % RINSE OUT TANKS FOR REMOVAL /CLEANING
VIRGIN FUELS 1-10
ECK ONE BOX ANALYTICAL ATTACHED YES ^ NO
^ SOLIDSlSLUDGES/SOIL THAT ARE NOT PETROLEUM RELATED: EXPLAIN
^ SOLIDS/SLUDGES/SOIL CONTAMINATED WITH USED OIL
^ SOLIDSlSLUDGES1SOiL CONTAMINATED WITH VIRGIN OIL
^ SOLIDS/SLUDGES/SOIL CONTAMINATED WITH USED FUEL
^ SOLIDS/SLUDGES/SOIL CONTAMINATED WITH VIRGIN FUEL
^ WATER THAT IS NOT PETROLEUM RELATED: EXPLAIN
^ WATER CONTAMINATED WITH USED OIL
^ WATER CONTAMINATED WITH VIRGIN OIL
^ WATER CONTAMINATED WITH USED FUEL
X WATER CONTAMINATED WITH VIRGIN FUEL
^ USED OIL ^ VIRGIN OIL ^ USED FUEL x VIRGIN FUEL
^ ANTIFREEZE
^ SOIL FROM UST REGULATED BY 40 CFR, PART 280
^ OTHER
NON-HAZARDOUS CERTIFICATION
I, the undersigned, under penalty of law do hereby certify to the best of my knowledge, the recyclable material submitted for acceptance to the Petrotech
Southeast Inc is not a listed hazardous waste and does not exhibit any of the characteristics of a hazardous waste as defined in 40 CFR 2b1 of the toxicity
characteristic revision rules as specified in the March 28, 1990 Federal Register. I further certify that the recyclable material submitted for acceptance to
the Petrotech Southeast Inc is classified asnon-hazardous in its state of generation, and that I am authorized to execute this document.
TOXIC SUBSTANCE CONTROL ACT
I, the undersigned, under penalty of law do hereby certify that the materials submitted for acceptance to the Petrotech So Inc does not contain any detectable
concentrations of PCB's as defined in Section 6 (E) of TSCA (ISUSC2605) and (40 CFR Part 761).
INITIAL
CERTIFICATION
I certify under penalty of law that this document and all attachmerrts were prepared under my direction or supervision in accordance with a system designed to assure that
qusiified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or these persons
responsible for gathering information, the inf .~ submitted is, to the best of my knowledge and belief; true, accurate and complete. I am aware that there are
significant penalties for submitting false inf incl g the possibility of fine and impris ent for knowing violations.
i ~ OF ~ mo,~ 1 tl~it ~iu-r ~t~~.s~. ~i b
COMPANY AUTHORIZED SIGNATURE TITLE DATE