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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