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.EXHEBET A EPA BROWNFIELD ASSESSMENT AND CLEANUP GRANT COOPERATIVE AGREEMENT WITH CITY OF MIAMI, FL tilKii 63640 OF - 95461 010 - 0 Faae'1 0'OG 7gTE3•' U.S. ENVIRONMENTAL AL , • YV 9 -6 PROTECTION ECTION AGENCY n �`49- 1 . Cooperative Agreement 14 pRoi ASSISTANCE ID NO. DATE OF AWARD D8/19/2010 PRG I DOC ID I AMEND# BF - 95461010 •- 0 TYPE OF ACTION New MAILING DATE 08/26/2010 PAYMENT METHOD: ACH • ACHR 40237 RECIPIENT TYPE: Municipal Send Payment Request to: Las Vegas Finance Center RECIPIENT: PAYEE; City of Miami 444 SW 2nd Avenue Miami, FL 33130 EIN:' 59.6000375 City of Miami 444 SW 2nd Avenue • Miami, FL 33130 PROJECT MANAGER I EPA PROJECT OFFICER I EPA GRANT.SPECIALIST Dorcas Perez . 444 SW 2nd Avenue Miami, FL 33130 E-Malt: dperaz(5miamigoc.com Barbara Capnta e - Margaret Crowe 61 Forsyth Street Grants Management Office Atlanta, GA 30303.8960 E-Mail:-crowa.margaret@epa.gov E-Malt: Caprita.5arbara®epa.00v Phone: 404-562-8687. Pnone: 300-416-10 one: 404-0 PROJECT TITLE AND DESCRIPTION Brownfields Assessment and Cleanup Cooperative Agreements This action approves an award in the amount of 5200,000 for the City of Miami; Florida for clean up of petroleum contaminants at the Former Shamrock Gas Station She -During the life of the project, the redfplent will carry out community involvement activities 10 encourage redevelopement of the site such that the future reuse of the property will create or retain jobs and does not pose a threat to human health and the environment, BUDGET PERIOD _07/01/2010 • 06/30/2013 PROJECT PERIOD TOTAL BUDGET PERIOD COST 07/01/2010 - 06/30/2013 S240,000.00 TOTAL PROJECT PERIOD COST S240,000.00 NOTICE OF AWARD Based on your application dated 05/28/2010, including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $200,000. EPA agrees to cost -share 80„00% of all approved budget period costs incurred, up to and not exceeding total federal funding of S200,000, Such award may be terminated by EPA without further cause if the recipient fails to provide -timely affirmation of the award by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of lime, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, Subchapter 6, and all terms and conditions of this,agreement and any attachments. . ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE RGANIZATION /.ADDRESS ORGANIZATION / ADDRESS -----61-E o rsyth _Street Atlanta, GA 30303-8960'—_--_-_ U.S. EPA, Region 4 Resource Conservation and Recovery Act Division 61 Forsyth Street Atlanta, GA 30303=8960 - -- -- ----- .-. THE UNITED STATES OF AMERICA BY. THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL I TYPED NAME AND TITLE I DATE Digital signature apptiedby EPA Award Official Elaine Curies, Grants Management Officer 08/19/2010 AFFIRMATION OF AWARD AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE TYPED NAME AND TITLE -Doreen-Perec, AcliaeAirector V c14.61.00 A. MI(6'4A DATE EPA Funding Information BF - 95461010 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action • $ • $ 200,000 $ 200,000 EPA In -Kind Amount . $ $ • $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ 0 State Contribution $ $ $ 0 Local Contribution $ $ 40,000 $ 40,000 Other Contribution $ $ 0 Allowable Project Cost $ 0 $ 240,000 $ 240,000 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.818 - Brownfields Assessment and Cleanup —Cooperative Agreements . . CERCLA: Sec. 101(39) CERCLA: Sec. 104(k)(3) . . . ' 40 CFR PART 31 . • . . Fiscal . Site Name Req No FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation/ Deobligation SHAMROCK • • -- • 1004VT0035 1C E4 04V2AG7 402D79EBP • f 4114 G4CLOTOO 200,000 _ ....... _ 200.000 BF - 95461010. 0 Page 3 ' Bud et Summary Page Table A- Object Class Category (Non -construction) Total Approved Allowable Budget Period Cost 1. Personnel $0 2. Fringe Benefits 80 3. Travel $5,000 4. Equipment $0 5. Supplies $4,835 6. Contractual $230,165 7. Construction $0 8. Other $0 9. Total Direct Charges $240,000 10. indirect Costs: % Base $0 11. Total (Share: Recipient 20.00 % Federal 80.00 %.) $240,000 12. Total Approved Assistance Amount • $200,000 13. Program Income $0 14. Total EPA Amount Awarded This Action $200,000 15. Total EPA Amount Awarded To Date $200,000 Administrative Conditions 1. Consultant Cap 2010 BF-95461010-0 Page 4 Payment to consultants. EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipients contractors or subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. As of January 1, 2010, the limit is $596.00 per day and $74.50 per hour. This rate does not include transportation and subsistence costs for travel perforrt ed (the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR 30 or 31, as applicable, are not affected by thls limitation unless the terms -of the contract provide the recipient with responsibility for the selection, direction, arsi control of the individuals who will be providing services under the contract at an hourly or daily rate of. compensation. See 40 CFR 31.36(j) or 30.27(b). 2. Debarment and Suspension Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Recipient is responsible for ensuring that any lower tier. • covered transaction as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart.C. Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose: the information as required at 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuancei:r of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at www.epls.gov. This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." 3. Drug -Free Workplace Certification The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200 - 36.230. Additionally,.in accordance with these regulations, the recipient organization must identify all known workplaces under its federal awards, and keep this Information on file during the performance of the award. Those recipients who are individuals must comply with the drug -free provisions set forth in Title 40 CFR 36.300. The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can access the Code of Federal Regulations (CFR) Title 40 Part 36 at htipi/www.access.opo.aov/nara/cfr/waisidx 06/40cfr36 06.html 4. EPA Participation • This award and the resulting ratio of funding is based on estimated costs requested in the application. EPA participation in the final total allowable program/project costs (outlays) shall not exceed the statutory limitation (80 %) of total allowable program/project costs or the total funds awarded, whichever is lower. 5. ,Heimbursement Limitation EPA's financial obligations to the recipient are limited by the amount of federal funding awarded to date as shown on line 15 in its EPA approved budget. If the recipient incurs costs in anticipation of receiving additional funds from EPA, it does so at Its own risk. 6. Hotel -Motel Fire Safety Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or In part with federal funds complies with the protection and control' guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Recipients may search the Hotel -Motel National Master List at http://www.usfa.dhs.govfapplications/hotel/ to see if a property Is in compliance (FEMA ID is currently not required), or to find other information about the Act. 7. LOBBYING - ALL RECIPIENTS The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying . The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly. In accordance with the Byrd Anti -Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civilpenalty of not less than $10,000 and not more than $100,000 for each such expenditure. • 8. LOBBYING AND LITIGATION - ALL RECIPIENTS - SUPPLEMENTS TO THE LOBBYING CONDITION The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this assistance agreement • are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The recipient shall abide byits respective OMB Circular (A-21, A-87, or A-122), which prohlbls Meuse of federal grant funds for litigation against the United States or for lobbying or other political activities. 9. Management Fees Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. • 10. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES GENERAL COMPLIANCE, 40 CFR, Part 33 • The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES, 40 CFR, Part.33, Subpart D A recipient must negotiate with the appropriate EPA award official, or his/her designee, air share objectives for MBE and:: WBE (MBE/WBE) participation in procurement under the financial assistance agreements. Accepting the Fair Share Objectives/Goals of Another Recipient The dollar amount of this assistance agreement Is $250,000, or more; or the total dollar amount of all of the recipient's non -TAG assistance agreements from EPA in the current fiscal year is $250,000, or more. .The recipient accepts -the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the FLORIDA DEPARTMENT OF ' ' ENVIRONMENTAL PROTECTION as follows: MBE: CONSTRUCTION 9%; SUPPLIES 9%; SERVICES 9%; EQUIPMENT 9% WBE: CONSTRUCTION 3%; SUPPLIES 3%; SERVICES 3%; EQUIPMENT 3% By signing this financial assistance agreement, the recipient is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404 The recipient has the option to negotiate its own/W MBE/WBE fair share objectives/goals. If the recipient wishes to negotiate,its own MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed MBE/WBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for constructlon, services, supplies and equipment. The_submission of.proposed_fair. share_goais with the supporting analysis or disparity studyy means that the rega:tient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBENVBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, the recipient agrees•to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub -recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Require DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming "opportunities available to DBEs and arrange time frames for contracts and 2 establish delivery schedules, where the requirements permit, in a. way that encourages and facilitates participation . by DBEs in the competitive process: This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 3D calendar days before the bid or proposal closing date. (c) Consider in the contracting prooess whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requlrements when economically teaslsIe into smaller tasks or quantifies to' permit maximum participation by DBEs in the competitive . process. (d) Encourage contracting with a consortium of DBEs when a coniract is too large for one of these firms to handle . individually. (e) Use the services and assistance of the SBA and .the Minority Business Development Agency of the Department of Commerce. (i) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503 The recipient agrees to complete and submit EPA Form 5700.52A, °MSE'WEE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the recipient receives the award, and continuing until the project Is completed. Only procurements with certified MBEPWBEs are counted toward a recipient's MBENVBE accomplishments. The reports must be submined semiannually for the periods ending March 31" and September 30` for: Recipients of financial assistance agreements that capitalize revolving loan programs (CWSRF; DWSRF, Brownfields); and • All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35, Subpart At and tte Subpart B recipients are annual reporters). The reports are due within 3D days of the end of the semiannual reporting periods (April 30" and October.30 "). Reports should be sent to: Grants Management.Offtce EPA, REGION 4 61 FORSYTHSTREEr, SW ATLANTA, GEORGIA 30303-8960 Flnal•MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. Your grant cannot be officially closed without all MBE/WBE reports. EPA Form 5700.52A may be obtained from the EPA Office of Small Business Programme Home Pace on the Internet at wvw).ena.00vlosbo CONTRACT ADMINISTRATION PROVISIONS, 40 CFP„ Section 33.302 The recipient ,agrees to comply with the contract administration provisions of 40 CFR, Section 33.302 BIDDERS LIST, 40 CFR, Section 33.501(b) and (c) Recipients and sub reclplentS-of'a-Contfntrtng Environmental -Program -Grant or_ other- annual reporting gran_ t, agree to create and maintain a bidders list. Recipients of en EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans 10 create and maintain a bidders list If the recipient . of the loan is subject to, or chooses to iollow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for spesllic requirements end exemptions. 11. Pre -Award Costs Approved Costs incurred prior to the date of award as specified In the approved application and workplan are hereby authorized. The pre -award costs included iglhe application and workplan are necessary to complete the project and wouldotherwise have been authorized. 12. Recycling in accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the.requirements set forth. Regulations issued under RCRA Section 6002 apply to any acquisition of an.ltem where the purchase prioe exceeds $10,000 or where the quantity of such Items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given In procurement programs to the purchase of specific products containing recycled.materials identified in guidelines developed by EPIC. These guidelines are listed in 40 CFR 247. In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening'Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard'Forms, which are.printed on redycled paper and are available through the General Services Administration. 13. Single Audit Act • In accordance with OMB Circular A-133, which implements the single Audit Act, the recipient hereby agrees to obtain a single audit from an independent auditor It It expends S500,000 or more in total Federal funds in any fiscal year. Wlthln nine months atter the end of a recipient's fiscal year or 30 days atter receiving the report from the auditor, the recipient shall submit a copy of the SF -SAC and a Single Audit Report Paokage.'For fiscal periods 2002 to 2007 recipients are to, submit hardcopy to the. following address: Federal Audit Clearinghouse 1201 East 10th Street Jeffersonville, IN 47132 For fiscal periods 2008 and beyond the recipient MUST submit a copy of the SF -SAC and a Single Audit Report Packaoe,, using the Federal Audit Clearinghouse's Internet Data Entry System. Complete information on how to accomplish the 2008 and beyond Single Audit Submissions you will need to visit the Federal Audit Clearinghouse Web;site: hlto:Uhe rvester.census.00vfac/ • 14. Trafflckino Victim Protection Act of 2000 To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the folibwing provisions apply to this award: -• a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the Prohlbltion Statement below; or (2) has•an employee who is determined by the agency.ofiicial authorized to terminate the award to have violated an'applicable prohibition in the Prohibition Statement below through conduct that Is either: (a) associated with performance under this award; or (b) imputed 10 the subrecipient using the standards and due process tor imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Aoencies on Govamrnentwide Debarment and Suspension (Nonprocurernenl)," as implemented by our agency at 2 CFR part 1532. You -must inform us immediately of any.Informatlon you receive from any source alleging a violation of a prohibition in the Prohibition Statement below. b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements section 106(g) oethe Trafficking Victims Protection Act of 2000 (TVPA), as'amended-(22 U.S.C. 7104(g)), and (2) is in addition to all other remedies for noncompliance that are available to us under this award. • c. You must include the requirements of the Prohlbltion Statement below in any sub -award you make to a private entity. Prohibition Statement - You as the recipient, your employees, subrecipieres under 'this award, and subrecipients' employees may not engage in severe forms of trafficking In persons during the period of time that the award is in effect; procure a commercial sex adl-during the -period -oftime-that.the.award-is-in e_fiect; or use forced labor In the performance of the award or subawards under the award. 15. Untiquidated Dbllaatlons (Interim) Pursuant to 40 CFR'31.41(d) and 31.50(b), EPA recipients shall submit an annual Federal Financial Report (SF-425) to EPA no later than 90 calendar days following the end of the reporting quarter. The following reporting period end dates shall be used for irttertm reports: 3/31, 8/30, 9/30, or 12/31. . At the end of the project, the recipient must submit a final Federal Finanoial Report 10 EPA no later than 90 calendar days after Me end of the project period. The form Is available on the internet al htto://www.epa.nov/ootolflnservices/forms.him . All FFRs must be submitted to the Las Vegas Finance Center: LIS EPA, LVFC, PO Box 98515, Las Vegas, NV 89193, or by Fax to: 702-798-2423. • The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final Federal Financial Report. Recipients will behotlfied and Instructed by EPA If they must complete any additional forms for the closeout of the assistance agreement. EPA may take enlargement actions In accordance with 40 CFR 31.43 it the recipient does not comply with this term and condition. 16. Historic Properties The recipient agrees to consult with the appropriate State Office in the identification and evaluation of any pre-1946 structures which may be impacted by scheduled project activities, or properties located adjacent to the activities areas. The recipient agrees to comply with efforts lo.identiiy, evaluate and appropriately desion project activities to avoid or minimize adverse. project impacts to any historic properties listed, or which.satlsly the criteria for eligibility for listing (36 CFR 60.4), in the National Register of Historic Places 17. National Historic Preservation Act 'Prior to conducting or engaging in any on -site activity with the potential to Impact historic properties (such as Invasive sampling or cleanup), the grantee shall consult with EPA regarding potential applicability of the National Historic Preservation Acl and, If applicable, shall assist EPA 'in complying with any requirements of the Act and implementing regulations. 18. Procurement The cost of professional services contracts and/or small purchases procured in compliance with the minimum standards for procurement under grants (see 40 CFR 31.35) are allowable costs for reimbursement wllh grant funds. No grant funds may used to'reimburse the federal share of any procurement action(s) found to be in noncompliance with the grant procurement regulations. (Note: all projectexpenditures are deemed to Include both the federal and nonfederal shares).. The recipient agrees to conduct all procurement actions under this assistance agreement in compliance with 40 CFR 31.36(b)-(it). The recipient may follow their own procurement procedure which may reflect compliance with applicable State and Local laws, regulations, ordinances, etc., provided that all procurement actions comply with the minimum standards for procurement under assistance agreements per 40 CFR 31.36. The recipient agrees to submit to EPA for pre-award.and/or.. post award review procurement documents Including, but not limited to: selection procedures, invitations for bids, independent cost estimates, requests for qualifications and/or proposals, evaluation methodology and results, memorandum of review+or. negotiation, cost and/or price analysis, proposed contract documents (prior to execution), disadvantaged business enterprise documentation, etc: Proarammatic Conditions 2010 Brownfields Cleanup Terms and Conditions -for R.egion 4 I, GENERAL FEDERAL REQUIREMENTS Note: These terms and conditions contain references to EPA financial assistance -regulations_ at 40 CFR Parts 30 and 31. 40 CFR Part 30 is applicable to non -profit and educational institution recipients and 40-CFR-Part-3l-is governmental recipients . A. Federal Policy and Guidance a. Cooperative Aareemerit Recipients: By awarding this cooperative agreement, EPA has approved the proposal the Cooperative Agreement Recipient submitted in the 'Fiscal Year 2010 competition for Brownfieids cleanup cooperative agreements. However, the CAR may not expend ("draw down") funds to carry out this agreement until EPA's award official approves the final work plan. . b. In implementing this agreement, the CAR shall ensure that work done with cooperative agreement funds complies with the requirements of the .Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 104(k). The CAR shall also ensure that cleanup activities supported with cooperative agreement funding.comply with all applicable Federal and State laws and regulations. The CAR must ensure cleanups are protective of human health and the environment. c, The CAR must consider whether they are required to conduct cleanups under a State or Tribal response program. If the CAR chooses not to participate in a State or Tribal response program, then the -CAR is required to consult with the *Environmental Protection Agency (EPA) to ensure the proposed cleanup is protective of human health and the environment. d. If the CAR is not subject to a State or Tribal Response Program , then the CAR is strongly urged to consider joining such program . Regardless, the CAR is required to consult with the EPA and any applicable State/Tribal programs to. ensure the proposed cleanup is protective of human health and the environment . e. A term and condition or other legally binding provision shall be included in all agreements entered into with the funds , or when funds awarded uhder this - agreement are used in combination with non -Federal sources of funds, to e_nsure., that recipients comply with all applicable Federal and State laws and requirements, ln,addition to CERCLA 104(k), Federal applicable laws and requirements include: 1. The CAR agrees to comply with Executive Order 13202 (Feb. 22, 2001, 6.6 • Fed. Reg, 11225) of February 17, 2001, entitled "Preservation cif Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects ," as:. amended by. Executive Order 13208 (April 11, 2001, 66 Fed. Reg, 18717) of April 6, 2001, entitled "Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects ." g: The -recipient -must comply-with-federal_crass-cuttin.g_requirements including.; but not limited to, MIBE/WBE requirements found at 40 CFR 33; OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; • National Historic Preservation Act; Endangered Species Act; and Permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR 60-4; • Contract Work Hours and Safety Standards.Act, as amended (40 USC 327-333) the Anti Kickback Act (40 USC 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 1125D. h. The CAR must comply with Davis -Bacon Act prevailing wages for all Construction, alteration and repair contracts and subcontracts awarded with EPA grant -funds. For more detailed information on complying with Davis -Bacon please see the Davis- Bacon Addendum to these Terms and Conditions . B. Changes to Sites and Cleanup Methods 1. a. The CAR must.use funds provided by this agreement to clean up the brownfield site in the EPA approved work plan . Any changes to the boundaries of the site must be approved by EPA in a revised work plan . b. The CAR may not make substantial changes to the cleanup method described in the work plan without prior EPA approval 11, GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS A. Term of the Agreement 1 The term of this agreement is three years from the date of award , unless otherwise extended by EPA at the CAR's request. if after 18 monthsfrom the date of award, EPA determines_ that the CAR has not::• . made sufficient progress in implementing its cooperative agreement , EPA may terminate this agreement -for material non-compliance with its terms. For purposes .of the Cleanup Grants, 'sufficient progress in implementing a cooperative .agreerrment" means that an appropriate remediation plan is in place , institutional control. development, if necessary, has. commenced, initial community involvement activities have taken place, relevant state or tribal pre -cleanup requirements are being addressed and e solicitation for remediation services has been issued . B. Substantial lnvolvement The U.S. EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. SUbstaritiarinvoivement-by-the--U-.S_..EPA..g.enerajy includes administrative activities such as: monitoring;, review of project phases; and approval of substantive terms included in professional services contracts . b. Substantial EPA involvement may include reviewing financial and program. performance reports; and monitoring all reporting, record -keeping, and other program requirements. • c. EPA may waive any of the provisions in term and -condition ll ,B.1., at its own initiative or upon request by the CAR . EPA will provide waivers in writing, 2. Effect of EPA's substantial involvement includes : a. EPA's review of any project phase, document, or cost incurred under this cooperative agreerrient, will not have any effect upon CERCLA § 1.28 Eligible Response Site determinations or for rights, authorities, and actions under CERCLA or any Federal statute . The CAR remains responsible for ensuring that all cleanups are protective of human health and the environment and comply with all applicable Federal and State laws. c. The CAR remains responsible for ensuring costs are allowable under applicable OMB Circulars.' 3. The CAR will.provide project updates to the State Brownffields or Voluntary Cleanup Program. (VCP) contact on a regular basis. a. The CAR will make the State aware of all site -specific sampling and/or clean up activities to be initiated (if applicable). �. The CAR will provide the State an opportunity to review and comment on all technical reports, including QAPPs, sampling plans, ABCAS, cleanup plans, and other technical reports. C. Cooperative Agreement Recipient Roles and Responsibilities 1. .The CAR must acquire the services of a qualified environmental professional (s) to :coordinate, direct, and oversee the brownfields assessment and cleanup activities at a particular site, if they do not have such a professional on staff . 2. The CAR is responsible for ensuring that contractors and sub grant recipients comply with the terms of their agreements with the CAR , and that agreements between the CAR and sub grant recipients and contractors are consistent with the terms and conditions of this agreement. 3: Sub grants ar-e--defined-at-40 CFR 31.3 and 40 CFR 30.2(f). The CAR may not sub grant to for -profit organizations. The CAR must obtain commercial servicesand----- products.necessary to carry out this agreement under competitive procurement procedures as described in 40 CFR 31.36 or the Procurement Standards of 40 CFR • Part 3D, as applicable. In addition, EPA policy encourages awarding sub grants competitively and the CAR must consider awarding sub grants through competition .D. Quarterly Progress Reports The CAR must report -interim progress and any final accomplishments of its project to EPA. a. The CAR must submit property information via the on-line Assessment, Cleanup and Redevelopment Exchange System (ACRES) at the: (a) Award 'ofthe cooperative agreement, and (b) Completion of the cleanup as defined in Section IV .F.2., or (c) Close-out of the cooperative agreement, if cleanup completion is not able to be achieved The CAR must submit the updated property specific information within 30 days after the end of the Federal fiscal quarter in which the event occurred. The EPA Project Officer will provide the CAR with access.to the ACRES on-line reporting system to perform the reporting requirements. The CAR must obtain approval from the EPA Project'Officer before expending cooperative agreement funds.to purchase adequate • computer supplies to complete on -line reporting activities. b. The•CAR must submit progress reports on a quarterly basis to the EPA. Project Officer.. Quarterly progress reports must include: (a) Documentation of progress at meeting performance outcomes/outputs, project narrative, project time line and an explanation for any slippage in meeting established output/outcomes. (b) An'update on project milestones . (c) Abudget recap summary page with the following headings : (A) Current Approved Budget; (B) Costs Incurred this Quarter; (C) Costs Incurred to Date; and (D) Total Remaining Funds (d) If applicable, quarterly reports must provide separate accounting of costs incurred at hazardous substances brownfields sites and petroleum -only brownfields sites. c. -Recipient-gbarter-Iy-reports must clearly _identify which activities performed during the reporting periodwere undertaken with EPA funds , and -must -relate EPA-funded.activities to the objectives and milestones agreed upon in the work plan including a list of sites where cleanup activities were completed . 2. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended an the•specific properties under this cooperative agreement. 3.- If applicable, the CAR must maintain records that wilt enable it to report to EPA on the amount of funds expended on petroleum properties addressed under this cooperative agreement. 4. In accordance with 40 C.F.R. §31.40 (d), the recipient agrees to inform EPA as soon as problems, delays or adverse conditions become known which will • materially impair the ability to meet -the outputs /outcomes specified in the approved assistance agreement work plan . E. Final Report 1. The CAR must submit a final report at the end of the period of performance in order to finalize the closeout of the grant. This final report must capture what work was .performed at the site. It should also provide information that documents the outreach efforts done by the CAR and other activities that.help explain where the funding was utilized. III. FINANCIAL ADMINISTRATION REQUIREMENTS A. Cost Share Requirement CERCLA 104(k)(9)(B)(iii) requires that the recipient of this cooperative agreement.pay a cost share (which maybe in theform of a contribution of money ,'labor, material, or services from. a non-federal source) of at least 20 percent (Le. 20 percent of the total:. - federal funds awarded). The cost share contribution must be for costs that are elig.ible.e, and allowable under the cooperative agreement and must be supported by adequate documentation. .B. Eligible Uses of the Funds for the Cooperative Agreement Recipient 1. To the extent allowable under the EPA -approved work plan, cooperative agreement funds may be used for programmatic expenses necessary to clean up sites Eligible programmatic expenses include activities described in Section IV of these terms and conditions. in addition, eligible programmatic expenses may include Ensuring cleanup activities at e particular site are authorized by CERCLA 104(k) and the EPA approved work•plan; -Ensuring that a cleanu.p_complies.with applicable requirements under Federal and State laws, as required by CERCLA 104(k); Using a portion of the grant to purchase environmental insurance for the remediation of the site. Funds may not be used to purchase insurance intended to provide coverage for any of the ineligible uses under Section III. C; . • d. Any other eligible.programmatic costs including direct costs incurred by the recipient in reporting to EPA; procuring and managing contracts; awarding and managing sub grants to the extent allowable in 111 .C.2; and carrying out community involvement pertaining to the cleanup activities . Local Governments Drily . No more than 10% of the funds awarded by this agreement may be used by the CAR itself for monitoring of health and institutional controls. The CAR must maintain records on funds that will be used to carry out these tasks as identified in the EPA -approved work plan. C. Ineligible Uses of the Funds for the Cooperative Agreement Recipient 1. Cooperative agreement funds shall not be used by the CAR for any of the following activities: a Pre -cleanup environmental assessment activities such as site assessment, identification, and characterization with the exception of site monitoring activities that are reasonable and necessary during the cleanup process, including determination of the effectiveness of a cleanup; b. Monitoring and data 'collection necessary to apply for, or comply with, environmental permits under other federal and state laws , unless such a permit is required as a component of the cleanup action ; c. Construction, demolition, and development activities that are not cleanup. actions (e.g., marketing of property.or construction of a new facility or. addressing public or private drinking water supplies that have deteriorated through ordinary use); d. Job training unrelated to performing a specific cleanup at a site covered by the grant; e. To pay fora penalty or fine; f. To pay,a federal cost share requirement (for example, a cost -share required by another Federal grant) unless there is specific statutory authority; 'g. --To-pay-for-e -response-cost_ at a.br_ownfields site for which the recipient of the grant is potentially liable under CERCLA § 107; - - h. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws applicable to the cleanup ; and i. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars. 2. Under CERCLA 104(k)(4)(B), administrative costs are prohibited costs under this agreement. Prohibited administrative coats include ail indirect costs under applicable OMB Circulars incurred by the CAR . a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, contractual costs, supplies, and data'processing charges, incurred to comply with most provisions of the Uniform Administrative Requirements for Grants contained in 40 CFR Part 30 .or 40 CFR Part 31. Direct costs for grant adrhinistration, with the exception of costs specifically identified as eligible programmatic costs , are ineligible • even if the grant recipient is required to carry out the activity under the grant agreement. Costs incurred to report quarterly performance to EPA. .under the grant are eligible. b. Ineligible grant administration costs include direct costs for: .(1) Preparation of applications.for Brownfields grants (2) Record retention required under 40 CFR 30.53 and 40 CFR 31.42;. • (3) Record -keeping associated with supplies and equipment purchased required under 40 CFR 30.33, 30.34, and 30.35 and 40 CFR 31.32 and 31.33; (4) Preparing revisions and changes in the budgets , scopes of work:;. program plans and other activities required under 40 CFR 30.25 and•40 CFR 31.30; (5) Maintaining and operating financial management systems required under 40 CFR 30 and 40 CFR 31; (6) Preparing payment requests and handling payments under 40 CFR 30.22 and 40 CFR 31.21; (7) Non-federal audits required under 40 CFR 30.26, 40 CFR•31.26, and OMB Circular A-133; and (8) Close out under 40 CFR 30.71 and 40 CFR 31.50. c. The CAR must not include management fees or similar 'charges in excess - - of the direct costs or at the rate provided for by the terms of the agreement negotiated with EPA. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and • reserve funds for ongoing business expenses , unforeseen liabilities, or for other similar costs that are not allowable under EPA assistance agreements. Managementfess or siniilar•charges may not be used to improve or expand the project funded under this agreement , except to the extent authorized as a direct cost of carrying out the scope of work . D. Grant Recipient Eligibility 1 The CAR may only clean up sites itsolely owns. The CAR must retain ownership of the site throughout the period of performance of the grant . For the purposes of this agreement, the term "owns" means fee simple title unless EPA approves a different arrangement. E. Obligations for Grant Recipients Asserting a Limitation on Liability from CERCLA § 107 1. EPA awarded this cooperative agreement to the :CAR based on information indicating.that the CAR would not use cooperative agreement funds to pay for a response cost at the site for which the CAR was potentially liable under CERCLA 107. if the CAR is not potentially liable based on its status as either a Bona Fide . Prospective Purchaser (BFPP), Contiguous Property Owner (CPO), or innocent Land Owner.(ILO), the CAR must meet certain continuing obligations in orderto maintain its status. If the CAR failsto meet these obligations , EPA may disallow the costs incurred under this cooperative agreement for cleaning up the site under CERCCA 104(k)(7)(C). These continuing obligations include : (1) Complying with any land use restrictions established -or relied on in connection with the response action at the vessel or facility and not impeding the effectiveness or integrity of institutional controls ; (2) Taking reasonable steps with respect to hazardous substance releases; (3) Providing full cooperation, assistance, and access to persons that are authorized to conduct response actions or natural resource restoration ; and. (4) Complying with information requests and administrative subpoenas and legally required notices (applies to the criteria for b.ona fide prospective -purchasers -and -contiguous property,owners). Notwithstanding the CAR's continuing obligations under this agreement , the CAR is subject to the applicable liability provisions of CERCLA governing its status as a BFPP, CPO, or ILO. CERCLA requires additional obligations to maintain the* liability limitations for BFPP, CPO, and ILO; the relevant provisions for these • obligations include § 10 i ( 35), 101(40),.1.07(b), 107(q) and 107(r). • F. Interest -Bearing Accounts and Program Income 1. Interest earned on advances are subject to the provisions of 40 CFR §31.21(i) and §30.22(1) relating to remitting interest on advances to EPA on a quarterly basis . 2. Any program income earned by the CAR will be added to the funds EPA has committed to this agreement and used only for eligible and allowable costs under the agreement as provided in 4D CFR 30.24(b)(1) or 40 CFR 31.25(g)(2), as applicable. IV. CLEANUP ENVIRONMENTAL REQUIREMENTS A. Authorized Cleanup Activities The CAR shall prepare an analysis of brownfields cleanup alternatives or equivalent state brownfields program document which will include information about the site and contamination issues (i.e., exposure pathways, identification of contaminant sources, etc.); cleanup standards; applicable laws; alternatives considered; and the proposed cleanup. The •evaluation of alternatives must.iriclude effectiveness, implementabil.ity, and the cost of the response proposed . The evaluation will.include an analysisof reasonable alternatives including no action . The cleanup method chosen must be based on this analysis . 2. For cleanup of petroleum sites identified in the EPA approved work plan, an analysis of cleanup alternatives must include considering a range of proven cleanup methods including identification of contaminant sources , exposure pathways, and an evaluation of corrective measures , The cleanup method chosen • must be based on this analysis. :Priorto conducting or engaging in any on -site activity with the potential to impact historic properties (such as invasive sampling or cleanup), the CAR shall consult with EPA regarding potential applicability .of the National Historic Preservation Act and, if applicable, shall assist EPA in complying with any requirements of the Act and implementing regulations. B. Quality Assurance (QA) Requirements 1. If environmental samples are to be collected as part of the brownfieids cleanup (e.g., cleanup-verification-sampling-;-post-cleanup confirmation sampling), the CAR shall comply with 40 CFR Part 31.45 (or 40 CFR Part 30.54 requirements for nonprofit organizations) requirements to develop and implement quality assurance practices sufficient to produce data adequate to meet project objectives and to minimize data loss. State law may impose additional QA requirements 2. QAPP: The CAR, or its service agent/contractor(s), must have an -EPA approved. Quality Assurance Project Plan (QAPP) in place before beginning each property specificfieid'activity, funded wholly or in part by this. agreement, that includes sampling and analysis of environmental media . The CAR should allow EPA adequate time (generally 45 days) for review and approval. The QAPP should be consistent with the EPA Region 4 "Interim Generic Site Specific Quality Assurance Project Plan Guidance for Brownfi'elds Site Assessments and /or Cleanups,"February 2010, and later revisions. C. Community Relations and Public involvement in Cleanup Activities 1 Alicleanup activities require a site -specific community relations plan that includes providing reasonable notice, opportunity for involvement, response to comments, and administrative records that are available to the public. D. Administrative Record 1. The CAR shall establish an administrative record that contains the documents that form the basis for the selection of a cleanup plan . Documents in the administrative record shall include an analysis of reasonable alternatives including no action ; site investigation reports;the cleanup plan; cleanup standards used; responses to public comments; and .verification that shows that cleanup is complete . The CAR shall keep the administrative record available at a location convenient to the public and make it available for inspection E. Implementation of Cleanup Activities 1. The CAR .shall ensure the adequacy of each cleanup in protecting human health,' ..and the environment as it is implernehted. If changes to the expected cleanup -are necessary based on public comment or other reasons the CAR must consult with EPA and may not make substantial changes to the cleanup method described in the work plan without prior EPA approval. 2. If the CAR is unable or unwilling to complete the cleahup , the CAR shall ensure that the -site is secure. The CAR shall notify the appropriate state agency and the U-.S. EPAto ensure an orderly transition should additional activities become necessary . F. Completion of Cleanup Activities 1. The CAR shall ensure that the successful completion of a cleanup is properly documented-This-mustbe--done-through-a--final.-report_or_. letter from a qualified environmental professional, or other documentation provided by a State or Tribe that shows cleanup is complete. This documentation needs to be included as part of the administrative record. 2. For the purposes of these terms and conditions , contaminants are considered cleaned up when a "clean" or "no further action" letter (or its equivalent) has been issued. by the state or tribe under its voluntary response program (or its equivalent) • for cleanup activities at the property; or the [cooperative agreement] recipient or. property owner, upon the recommendation of an environmental professional , has determined and documented that on -property work is finished and any needed institutional or engineering controls are in" place and functional , On -going operation and maintenance activities or monitoring may continue afters "cleaned up" designation has been made.. V. OTHER CLEANUP GRANT REQUIREMENTS A. inclusion of Special Terms and Conditions in Cleanup Documents 1, The CAR shall meet the cleanup and other program requirements of the cleanup including: a. In accordance with 40 CFR 31.42 or 40 CFR 30.53, the CAR shall maintain records for minimum of three years following completion of the cleanup financed all or in part with cleanup grant funds Cooperative agreement recipients shall provide access to records relating to cleanups supported with cleanup -grant funds to authorized representatives of the Federal government. . . The CAR "has an ongoing obligation to advise EPA if assessed any _penalties resulting from environmental non-compliance atthesite subject to this agreement: .B, Conflict of interest 1. The CAR shall establish and enforce conflict of interest provisions'that prevent the award of sub grants that create real or apparent personal conflicts of interest or. the appearance of the CAR's lack of impartiality.. Such situations include, but are not iimited to, situations in which an employee, official, consultant, contractor, or other .individual associated with the CAR (affected party) approves or administers a sub grant to a sub grant recipient in which the affected party has.a financial or other interest. Such a conflict of interest or appearance of lack of impartiality may arise when: (i) The affected party, (ii) Any member of his immediate family, (iii)- His -or -her-- partner, _.or_ _.-----._.- (iv) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the sub grant recipient . Affected,employees will neither solicitfnor accept gratuities , favors, or anything of monetary value from sub grant recipients. Recipients may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the.extent permitted by State or local law or • regulations, such standards of conduct will provide for penalties , sanctions, or other disciplinary actions for violations of such standards by affected parties . VI. PAYMENT AND CLOSEOUT "For the purposes of these terms and conditions , the following definitions apply: 'payment" is the U.S. EPA's'transfer of funds to the CAR ; 'close out" refers to the process that the U.S. EPA follows to ensure that all administrative actions and work required under the cooperative agreement have been completed . • A. Payment Schedule 1. If the approved budget for the project includes a substantial amount of construction costs, EPA will pay the CAR on a reimbursement basis . iThe CAR must submit documentation of obligations and expenses incurred under the agreement to EPA's project officer for approval prior to obtaining payment from EPA under the Electronic Funds Transfer (EFT) or Automated Standard Application for Payments (ASAP) system, B. Schedule for Closeout .1. Closeout will be conducted in accordance with 40 CFR 31.50 or 40 CFR 30.71 following expiration of the term of the agreement or expenditure of the funds awarded and completion of the activities described by the EPA -approved work: plan. 2. The CAR, within 90 days afterthe expiration or termination of the grant , must submit all financial, performance, and other reports required as e condition of•the grant The CAR must submit the following documentation : 1..The Final Report as described in II .E, 2. A Final Federal Financial Report (FFR-- SF425) to; • U.S. EPA Las Vegas Finance Center P.O. Box 98515 Las Vegas, NV 89193-8515 •_ _ ___.Fax:47.02)198_2423 • http://www,epa.gov/ocfo/finserViceslpayinfo:html Link to form: http://www.epa:gov/ogd/forrns/adobe/SF425.pdf 3. A Final MBE/VVBE Report (EPA Form'5700-52A) to the regional office. The form can be accessed at: • . http://www.ena.gov/ood/forms/adobe/5700.52e sec.odf b. The CAR must ensure that all appropriate data has been entered into ACRES . c. The'grantee must immediately refund to the Federal agencyany balance of • unobligated (unencumbered) cash advanced that is not authorized to be retained for use on other grants, Davis bacon Term and Condition for Petroleum Cleanup Grants to Governmental Entities DAVIS BACON PREVAILING WAGE TERM AND CONDITION The following terms and conditions specify how Recipients will assist EPA in meeting its Davis Bacon (DB) responsibilities when DB applies to EPA awards of financial assistance under the Recovery Act or any other statute which makes DB applicable to EPA financial assistance. •If a Recipient has questions -regarding when D.B:appli.es . obtaining the correct DB wage determinations , DB contract provisions, or DB compliance monitoring, they should contact the Regional Brownfields Coordinator or.. Project Officer for guidance. 1. Applicability of the Davis Bacon Prevaifinc Wage Reauirements After consultation with DOI_, EPA has. determined that for Brownf"ields grants .for cleanups of sites contaminated with.petroleum, DB prevailing wage requirement apply when the project includes:. • (a) Installing piping to connect households or businesses to public water systems or repiacing public -water system supply well (s) and associated piping due to groundwater contamination, (b) Soil excavation/replacement when undertaken in conjunction with the . installation of public water lines/wells described above, or (c) Soil excavation/replacement, tank removal, and restoring the area by.paving • or pouring concrete when the soil excavation/replacement occurs in conjunction with both tans, removal and paving or concrete replacement In the above circumstances, all the laborers and-mechanicse..mployed-by'contractor-s---- and subcontractors will be covered by the DB requirements for all construction work performed on the site, Other petroleum site cleanup activities such as in situ remediation, and soil excavation/replacement and tank removal when not in conjunction with paving or concrete replacement, will normally not trigger DB requirements . However, if the Recipient encounters a uniquesituation at a site (e.g. unusually extensive excavation, construction of permanent facilities to house in situ remediation systems; reconstruction of roadways) that presents.uncertainties regarding DB • applicability, the Recipient must discuss the situation:with EPA before authorizing work on that site.. 2. Obtainina \Nape Determinations (a) Unless otherwise instructed by EPA on a project specific basis , the.Recipient . shall use the following DOL General Wage Classifications for the locality in. which the construction activity subject to DB will take place . Recipients must 'obtain wage determinations for specific localities at www.wdol.aov. (i) When soliciting competitive contracts, awarding new contracts or issuing task orders, work assignments or similar instruments to existing contractors (ordering instruments) for installing piping to connect households or businesses to public water systems or replacing public water system supply well (s) and associated piping, including soil excavation/replacement, the Recipients shall use the "Heavy Construction" Classification. (ii) When soliciting competitive contracts awarding new contracts, or issuing ordering instruments for soil excavation/replacement; tank removal, and restoring the area by paving or pouring concrete when the soil excavation/replacement occurs in conjunction with both .tank removal and paving or concrete replacement at current or former . service station sites, hospitals, fire stations, industrial or freight terminal -facilities; or other sites -that are associated with a facility that is not used solely for the underground storage of fuel or other contaminant the. Recipient shall use the "Building Construction" - classification. . (iii) When soliciting competitive contracts, awarding new contracts or issuing ordering instruments for soil excavation /replacement, 'tan k removal, and restoring the area by paving. or pouring concrete when the soil excavation/replacement occurs in conjunction with both tank removal and paving or concrete replacement at a facility that is used solely for the underground storage of fuel or other contaminant the Recipient shall use the "Heavy Construction" classification. Note: Recipients must discuss unique situations that may not be covered by the General Wage Classifications described above with EPA . If, based on discussions with a Recipient, EPA determines that DB applies -to' a unique situation (e.g. unusually extensive excavation) the Agency will advise the -Reeipient-which-General. W_a.ge_Class f cetion_to use based on the nature o__f the. construction activity at the site. (b) Recipients shall obtain the wage determination for the locality in which a Brownfields cleanup activity subject to DB will take place priorto issuing requests for bids,proposals, quotes or. other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into' 'solicitations and any subsequent contracts . Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains' open , the Recipient shall monitor www.wdol.00v, on a weekly basis to ensure that the wage determination contained in the solicitation remains current.' The Recipient shall amend the (i). All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and'not less often than once a week , and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3) ), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the applicable wage determination of the Secretary of Labor which the Recipient obtained under the .• procedures specified in Item 2, above, and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf oflaborers or mechanics are considered wages paid to such laborers or mechanics , subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred • for more than a weekly -period (but not less often than quarterly) under plans; .funds, or programs which cover the particular weekly period , are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the. . classification of work actually performed, without regard to skill, except as provided: in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated. at the rate specified for each classification Tor the time actually worked therein: Provided thatthe employer's payroll records accurately sat forth the time spent in each classification in which work is performed, The wage determination (including any.additional classification andewage rates conformed under paragraph. (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the • contractor and its subcontractors at the site of the work in a prominent and accessible ,place where it can be easily seen by the workers . Recipients shall require that the contractor and subcontractors include the narne of the Recipient employee or official, responsible for monitoring compliance with.DB on the poster. (ii)(A) The Recipient, on behalf of EPA, shall require that contracts and subcontracts entered into under this agreement provide that any class of laborers or mechanics , including -helpers, which is_n.ot_listed in the wage determination and which is to be employed under the contract shall be classified in conformance with, the wage determination. The EPA Award Official shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met : (1) The work to be performed by the classification requested is -not performed by a classification in the wage determination ;.and (2) The classification is utilized in the area by the construction industry ; and (3) The proposed wage rate, including any bona fide fringe benefits , bears a reasonable relationship to the wage rates contained in the wage determination . (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Recipient agree on the classification and wage rate (including the amount designated•forfringe benefits where appropriate ), a report of the action taken shall be sent by the Recipient to the EPA .Award Official . The Award Official will transmit the report, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, VVashington, DC 20210.The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the award official or will notify the award official within the 30-day period that additional time is necessary . •(C) In the event the contractor, the laborers or mechanics to be employed iri the classification or their representatives, and the Recipient do not agree.on the proposed classification and wage rate (including'the a mount-desipnatedforfringe benefits, where appropriate), the award official shall refer the questions , including the views of all interested parties and the recommendation of the award official , to the Administrator for determination. The Administrator, or an authorized representative, will issue e determination within 30 days of receipt.and so advise the contracting officer or will notify .the Award Official within the 30-day period that additional time is necessary, (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to ail workers performing. work in the classification under this contract from the first day on which work is performed in the classification. (ili) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate , the contractor shall either pay the.benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof . . (iv) if the contractor does not make -payments to a trustee or other third person , the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found , upon the written request of the-contractor,-that-the_applicablestandards_of the Davis-Ba.con_Act have been met. • The Secretary of -Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program . (1) Withholding. The Recipient, upon written request of the Award Official or an authorized representative of the. Department of Labor, shall withhold or cause to Withhold from the contractor under this contract or any other Federal contract with the . same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is. held by the same prime contractor, so much of • the accrued payments or advances es may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the • • •contractor or any subcontractor the full amount of wages required by the contract . In the event of failure to pay any laborer or mechanic , including any apprentice., trainee, or helper, employed er working on the site of the work all or part of the wages required by the contract, EPA may, after.written notice to the contractor, or Recipient take such action as may be necessary to cause the suspension ofany further payment , advance, or guarantee of funds until such violations have ceased : (2) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for_all laborers and mechanics working at the site of the work .'Such records shall .contain the name, address, and social security number of each such worker , his,or her correct classification, hourly rates of wages paid (including rates of contributions or costs •anticipated for bona fide fringe•benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked:deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5,5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits .under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the .commitment to provide such benefits is enforceable, that the plan or program is financially responsible , and that the plan. o.r program has-been communicated in writing to the laborers or mechanics affected ., and records which show thecosts anticipated.orthe actual cost incurred in providing such . benefits..Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and . certification of trainee programs, the registration of the apprentices and trainees, and the ,cation. and wage rates.prescribed in the applicable programs (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Recipient who will maintain the records on behalf of EPA. The payrolls submitted shall set out accurately and completely all of the • information required to be maintained under 29 CFR 5.5(a)(3)(i), except.that full social security numbers and,home addresses shall not be included on weekly transmittals . instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The ------------required-weekly:.payrolLinforrnation may be submitted in any form desired : Optional Form' WH-347 is available for this purpose from the Wage and Hour Division Web -site--- - at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors . Contractors and subcontractors shall maintain the -full social security number and current address of each covered worker, and shall provide them upon request to the Recipient for transmission.to the EPA, if requested by EPA, the contractor, or the Wage and Hour Division ofthe Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements . It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the Recipient. (B) Each payroll submitted to the Recipient shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR Part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR Part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll perlod.has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,, oth'erthan permissible deductions as set forth in Regulations , 29 CFR Part 3; • (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the ciassification.of work performed , as specified in the applicable wage determination incorporated into the contract . (C) The weekly"submission of a properly executed certification set forth on the reverse side of Optional Form WI-1-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section, (D)The falsification of any of the'above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection , copying, or transcription by authorized representatives of the EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job If the contractor or subcontractor fails to submit the required records or to make them available, EPA may, after written notice to the contractor, Recipient,. sponsor, applicant, or owner; -take such action as may be necessary toicause the suspension "of any further Payment, advance, or guarantee of funds. Furthermore, failure to submit -the -required - records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5,12. (4) Apprentices and Trainees (i) Apprentices. Apprentices will be permitted to work at less"than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U .S: Department of Labor, Employment and Training Administration , Office of Apprenticeship Training •Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program , who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice . The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed.on a payroll at an -apprentice wage rate , who is not registered or otherwise employed as stated above , shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. in addition, any apprentice performing work on the jab site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed . Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the"ratibs and wage rates (expressed -in percentages of -the . journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as • a percentage of the journeymen -hourly rate specified in the applicable wage determination.'Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not, specify fringe benefits, apprentices must be paid the full amount of fringe .benefits•iisted- on the:wage determination for the applicable classification . if the Administrator determines that,a different practice prevails for the applicable apprentice classification , fringes.shall be paid in accordance with that determination . In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program , the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved . (ii) Trainees. Except as.provided in 29 CFR 5.16, trainees will not be permitted to work • at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval , evidended by formal certification by the U.S. Department of Labor, Employment and Training Administration, The ratio of trainees to journeymen on the job site shall- not be --greater_than_permi-tted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less -than the rate -specified -in the approved program for the trainee's level of progress, expressed as a percentage of the • journeyman hourly rate specified in the applicable wage determination . Trainees shall be paid fringe benefits in accordance with the provisions of the trainee. program .If the trainee, program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of.the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate. on the wage determination which provides for less than full fringe benefits for apprentices . Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed . in addition, any traipse performing work on the job site in excess of the ratio permitted under the registeredprogram,shall be paid not Tess than the applicable wage rate on the wage determination for thework actually performed . In the event the Employment and Training Administration withdraws approval of a training program , the contractor will no longer be permitted. to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved , (iii) Equal employment opportunity. The utilization.of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order '11245, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act requirements. The.contradtor shall comply with the 'requirements of 29 CFR Part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall'insert.in any subcontracts the clauses contained in 29 CFR 5.5(a)(i) through (10) and such other clauses as the EPA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lowertier subcontracts . The prime contractor shall.be . responsible for.the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this term and condition . (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as e contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in..this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor.standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be.resolved in .accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors), the ___..__._Reci.pient,_borrower_orsubgrantee and EPA, the U.S. Department of Labor, or the employees or their representatives ,(70) Certification of eligibility. (I) By entering into this contract, the contractor certifiesthat neitherit (nor he or she) nor any person.or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1), . (ii) No part of this contract shall be subcontracted to any person or firm ineligible. for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U .S. Criminal Code, 18 U.S.C. 1001. 4. Contract Provisions for Contracts in Excess of $100,000 (a).Contract Work Hours and Safety Standards Act . The Recipient shall insert the following clauses set forth -in paragraphs (e)(1), (2), •(3), and (4) of this section in full in any contract in -an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act . These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards . (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics.shall require or.p_ermit.any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation ate rate.not less than one and one-half times the basic rate of Pay -for all hours worked :in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation 'of the clause setforth'in paragraph (a)(1) of this section the contractor and any • subcontractor responsible therefor shall be liable for the unpaid wages . In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contractfor the District of Columbia or a territory , to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed. . with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of 810 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section: (3) Withholding for unpaid wages and liquidated damages . The Recipient, upon.written request of the Award Official or an authorized representative of the Department of Labor, shall withhold or cause to withhold from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal.contract_with_the_ same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act-; which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor -for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (a)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forthin paragraph (a)(1) through (4) of this section and alsoa clause requiring the subcontractors to include these clauses in anylower tier subcontracts . The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Recipient shall insert a clause EXHIBIT B CHEROKEE ENTERPRISES INC. ASSESSMENT AND REMEDIAL ACTION PROPOSAL Engineers & Contractors Transmitted Via E-Mail December 14, 2010 Mr. Harry James Environmental Compliance Specialist City of_Miami. 444 SW Second Avenue, 3rd Floor Miami, FL 33130 Re: Additional Site Assessment and Remedial Action 35% of PAC Proposal PAC #266 Former Shamrock Supreme Station 6200 N.W.176 Avenue, Miami, Florida Miami, Miami -Dade County, Florida FDEP # 138732522, DERM UT-1854 / File-8173 CEI Project No. 70229.003 Dear Mr. James: Cherokee Enterprises, Inc. (CEI) is pleased to submit to the City of Miami this scope -of -work and cost estimate associated with the former Shamrock Supreme Station to conduct additional site assessment and subsequent environmental remedial work for the cleanup of petroleum hydrocarbons in soils and groundwater at the above referenced facility under the United States Environmental Protection Agency (USEPA) Cleanup Grant, Grant No.:BF-95461010 (35% cost share) and under the State of Florida Pre -Approved Cleanup (PAC-266) program (65% cost share). This proposal is for 35% of the total current work order issued by the Miami -Dade County Department of Environmental Resources Management (DERM) to complete site assessment activities (i.e., vertical and horizontal delineation). The 65% of the current total work order will be paid -by DERM as reflected-7n the DERM's-Work-Order-Nos: 2009-13-W87217,--See Attachment A for a copy of DERM's 65% work order. Assessment will be performed at the Former Shamrock Supreme Station located at 6200 NW 17h Avenue in Miami, Florida. The Florida Department of Environmental Protection (FDEP) Facility Identification Number is 138732522. In addition, this proposal has included the anticipated overall cost to clean up the site, conduct post remedial monitoring, and obtain site closure. The site, which was utilized as a service station until 1987, contained approximately eight (8) underground storage tanks (USTs). Based on an incident report dated March 12, 1987, during removal of the USTs, the tank was not drained and contents were spilled. A Site Assessment work order was issued to the previous consultant Evans Environmental & Geosciences, Inc., (EE&G), in July2005. However, no record of a Site Assessment Report (SAR) was Cherokee Enterprises, inc. 14474 Commerce Way Miami Lakes, FL 33016 P: 305.828.3353 F: 305.828.9317 www.cherokeecorp.com License No.: CGC 1505536 Mr. Harry James, City of Miami December 14, 2010 Page 2 of 10 Enoineers , Contractors found. However, DERM sent to CEl the most recent groundwater sampling results from the sampling event conducted on December 5, 2005, and requested the completion of a site assessment and preparation of a SAR. Between December 2007 and July 2008, the following site assessment activities were conducted at the site. Collected full -round of groundwater samples from nine (9) on -site monitoring wells and two (2) off -site monitoring wells. Analyzed eleven (11) groundwater samples for volatile organic aromatics..(V..DAs), .p.olynuclear aromatic hydrocarbons (PAHs), .total recoverable petroleum -range hydrocarbons (TRPHs), and Lead. Advanced seven (7) soil borings and submitted grab sample from each location at interval with highest OVA reading for analysis of VOAs, PAHs, TRPHs, and Lead. In addition, installed five shallow groundwater monitoring wells and submitted samples for analysis of VOAs, PAHs, TRPHs, and Lead. Performed certified site survey, including monitoring well locations and relative top -of - casing elevations, soil boring locations, and key site features (Precision Engineering & Surveying, Inc.). In November 2008, CEI submitted a Template Site Assessment Report (TSAR). CEI recommended that vertical and horizontal delineation of the contaminants was not achieve, and as a result requested for additional site assessment activities. Per CEI's TSAR recommendations and DERM's TSAR review memorandum (memo) dated January 5, 2009 (Attachment B), CEI proposed the following scope of work to complete supplemental site assessment activities. SCOPE -OF -WORK Task No.1— Additional Site Assessment Activities Response to the January 5, 2009 DERM Memo: To address Comment No. 1 of the January 5, 2009 DERM memo, CEI will supervise the installation of one shallow monitoring well north of MW-15 and one monitoring well north of MW-16. Groundwater samples will be collected from these two wells for analysis of VOAs, PAHs, and total lead. Further, two shallow monitoring wells will be installed northwest of monitoring well MW-11R; groundwater sample will be collected from these wells for analysis of VOAs, PAHs, TRPHs, and total lead. See attached figure (Figure 1) for proposed well locations. To address Comment No. 2 of the January 5, 2009 DERM memo, one shallow monitoring well will be advanced at the center of the approximate underground storage tank (UST) excavation area. A groundwater sample will be collected for analysis of the parameters www.cherokeecorp.com Mr. Harry James, City of Miami December 14, 2010 Page 3 of 10 Engineers d Contractors listed under Table C, Chapter 62-770, Florida Administrative Code (FAC). See attached figure for well location. • To address Comment No. 3 of the January 5, 2009 DERM memo, a groundwater sample will be collected from deep monitoring well MW-14DR for analysis of VOAs, PAHs, and total lead. • To address Comment No. 4 of the January 5, 2009 DERM memo, nine soil borings will be advanced in approximately 20-foot spacing along the estimated run of piping from the estimated -former looation•ofthe-dispensers -toxhe•.estimated-UST-excavation-area-(see the figure). Soil will be screened in 2-foot intervals to a depth 1 foot above the water table for organic vapor analyzer (OVA) responses and appearance. A sample will be collected from each boring at the interval corresponding to the highest OVA response greater than 10 parts per million (ppm). if there are no responses greater than 10 ppm and no visual staining, the sample will be collected from the interval 1 foot below. the depth of piping. Each sample will be submitted for analysis of VOAs, PAHs, TRPHs, and total lead, Concerning the smear zone: );,-As documented in the November 2008 TSAR, gray -colored (stained) soil was observed at the 10 - 12 ft BLS interval (the saturated zone) in soil boring SB-4. The driller inadvertently advanced the split -spoon through a void encountered at the 8 - 10 ft BLS interval. CEI suspects that contaminated soil in the smear zone (water -table interface) is probably a source of groundwater contamination, and thus proposes evaluation of the smear zone at each new soil boring location by collecting soil samples from the smear zone and the two -foot interval below the smear zone (12 -14 ft BLS) for analysis of VOAs, PAHs, TRPH, and lead. Concerning the former dispensers/piping: `;-It should be noted that CEI previously completed a file review for the November 2008 Template Site Assessment Report (TSAR). No information was uncovered from the file review concerning the piping or dispensers. CEI requested additional information from DERM, but had previously researched sources suggested by DERM during the aforementioned file review. ➢It should also be noted that the UST excavation area and the dispenser islands were approximated from a simple diagram shown on a March 19, 1987 DERM memo; CEI's representation of these Locations overlain on a scaled site map were subsequently approved by DERM. )'The site has been completely razed for several years, possibly since the 1987 site demolition, and no clear surface indicators of piping, dispenser, or excavation locations remain. »Finally, according to a March 30, 1987 DERM memo, no permit was procured for storage tank system closure, so it is highly unlikely accurate plans exist for underground utilities, dispenser information, building footprint, et cetera. »As such, the piping run locations are estimated, and the depth of piping is assumed to be no greater than 3 feet, so the interval 1 foot below the depth of piping would www. c he rake a carp. corn Mr. Harry James, City of Miami December 14, 2010 Page 4 of 10 be the 4 - 6 foot interval. Barring a subsurface utility investigation, an extensive file review at the Departments of Building, Zoning, and Fire, and/or the emergence of previously -unavailable information, more information cannot be reasonably provided for the former dispensers or piping. To address Comment No. 5 of the January 5, 2009 DERM memo, five soil borings will be advanced at locations around the estimated extent of the former UST excavation, including one at the approximate center, coinciding with the new monitoring well required by Comment 2. Samples will be collected from each boring at 2-foot intervals .to .1.footabove-the water table and -submitted foranalysisof-V-OAs,--P-AHs,•TRPH, and total lead. Each 2-foot interval of the soil boring advanced at the center of the excavation will also be analyzed for arsenic, cadmium, and chromium. As stated in the response to Comment No. 4, CEI also proposes collecting 10 - 12 ft BLS and 12 -14 ft BLS samples far analysis of VOAs, PAHs, TRPH, and lead to address the smear zone at the boring locations within the excavation. See the attached figure (Attachment B) for locations. .• CEI also proposes advancing a soil boring adjacent to monitoring well MW-8R. The most recent groundwater sample collected from MIN-8R indicated significantly elevated concentrations of petroleum indicator compounds and lead. Soil will be screened in 2- foot intervals to a depth 1 foot above the water table for organic vapor analyzer (OVA) responses and appearance. A sample will be collected from the interval corresponding to the highest OVA response greater than 10 ppm. if there are no responses greater than 10 ppm and no visual staining, the sample will be collected from the interval 1 foot above the water table. Samples will also be collected from the interval two feet above and below the water table, anticipated to be 10 - 12 ft BLS and 12 - 14 ft BLS. Each sample will be submitted for analysis of VOAs, PAHs, TRPH, and total lead. Event 1: Proposal Preparation, Utility Clearance, Soil Borings, and Wells Installation (Line Items) B-1: Proposal Preparation, which includes additional review of available historical files (1). .• C-1: 2-Person Mobilization (1); one for soil sampling. •• C-3: Drilling setup - including underground utility clearance for advancement of borings and installation of wells and coordination with driller(s). a C-7: Well Install (<= 20 feet) (4): one well north of MW-15, one well north of MW-16, one wells northwest of MW-11R, and one well at the approximate center of the former USTs excavation. • G-4: Drilling (JAEE) - four 2-inch by 20 foot shallow monitoring wells. •• H-1: General/Site Assessment Report (based on 25% of field work costs). Event 2: Groundwater Sampling, Drum Disposal, and Report Preparation (Line Items) • C-1: 2-Person Mobilization (1); one for soil sampling, one for groundwater sampling. www.cherokeecorp.com Mr. Harry James, City of Miami December 14, 2010 Page 5 of 10 Engineers d Contractors •• C-3: Drilling setup - including underground utility clearance for advancement of 16 borings and coordination with driller(s). •• C-19: Well Sampling with Water Level (5): Sampling the wells installed in Event 1, C-7 and re -sampling MW-14DR. • C-23: Whole day oversight (2) •• C-24: Kit Allowance (1) • G-1: Laboratory (Genapure). Soil analyses. G-5: Drilling (JAEE) -16 soil borings installation. •• G-9: Disposal (CBI) - it is anticipated two 55-gallon drums of petroleum -contaminated soiland-three55=gallon-drums-ofpetroleum-contact water will -be -generated from drill cuttings and well development water. • H-1: General/Site Assessment Report (based on 25% of field work costs. Total Estimated Cost of Task No.1..................................................................$33,606,12, Task No.2 — Preparation of Remedial Action Plan Prepare a Level 2 Remedial Action Plan with a more active remediation approaches such as air sparging, chemical injection, soil vapor extraction or source removal to be utilized at this site. In addition a thorough evaluation of remedial alternatives will be conducted. • H-12: Level 2 RAP - Preparation of a RAP. The Level 2 RAP will be signed and sealed by a Professional Engineer registered in the State of Florida, and two (2) hard copies of the report will be submitted to the DERM. Three (3) hard copies of the report including one (1) electronic copy will also be forwarded to the City of Miami. The report will include a detailed description of a more active remediation approaches such as air sparging, soil vapor extraction or source removal to be utilized at this site. In addition a thorough evaluation of remedial alternatives will be conducted and reported. In addition CEI will submit a copy of the report in an electronic writable format (e.g. Word, Excel, AutoCAD) on a CD to DERM ---and City of -Miami. — - — Total Estimated Cost of Task No.2...... $16,076,85, Task No.3 - Implementation of Remedial Action Plan The scope of work can be divided into four (4) separate events as indicated below: Event No.1 - Health and Safety Plan, Utility Clearance, Site Preparation, Excavation, Stockpiling, and Confirmatory Soil Sampling, • Prepare and submit a Health and Safety Plan (HASP). www.cherokee corp.com Mr. Harry James, City of Miami December 14,2010 Page 6 of 10 Engineers d Contractor • Coordinate field activities with the site owner and subcontractors, • Obtain City of Miami and/or Florida Department of Transportation (FDOT) right-of-way permit, as necessary. • Conduct an underground utility clearance within the work area through the Sunshine State One Call Service, and private utility clearance (i.e., ground penetrating radar), •• Mobilize appropriate field personnel, equipment, and materials to the site. • Install fencing around the proposed work area, including access gates and water -filled jersey barriers. • Excavate within two (2) separate areas measuring approximately 72 feet by 37 feet (Area 1)-an i-35-fe•et.by 34-feet (Area-2)-ata`depti rof approximatelyl4-feet`below land surface (BLS). This is equivalent to approximately 1,997 cubic yards (2,795 tons). See the attached Figure 1 for the proposed area of work. • Stockpile excavated soils not documented as contaminated (based on visual inspection and/or Organic Vapor Analyzer [OVA] readings) from the 0 to 5 foot interval within the two (2) areas to be reused as backili. Stockpile excavated soils from the 5 to 9 foot interval within the two (2) areas (approximately 571 cubic yards/799 tons) on a separate area to be transported offsite for disposal. • Stockpile excavated soils from the 9 to 14 foot interval within the two (2) areas (approximately 713 cubic yards/998 tons) on a separate area for further soil characterization. If these soils are found to be contaminated, disposal of these soils including required clean fill will be handled under the allowance account. -e Excavated soils will be stockpiled on a visqueen surface, The use of a berm type enclosure and cover will be used to prevent water runoff from stockpiles with saturated soils. The stockpiled soil will be covered to include beyond the berm area to prevent storrn water accumulation. • Confirmation sampling and analysis activities will be conducted within the excavation area to confirm that soil containinghydrocarbons at concentrations greater than the Residential Soil Cleanup Target Levels (SCTLs) have been removed. If the results of the confirmation sampling indicate that hydrocarbon concentrations in the soil continue to exceed the Residential SCTLs, then additional excavation and confirmation sampling will be performed. Following removal of the soil to the initial limits described above, field screening will be -zonducted.atthe_base_and_sidewalls_of theexcavation every 20 feet horizontally and at two (2) foot intervals vertically, to a depth of 1-foot above the water table (or depth of excavation) using a portable Organic Vapor Analyzer equipped with Flame Ionization Detector (OVA/FID) instrument If OVA/FID screening of the surficial soil at the base and side walls of the excavation indicates that hydrocarbon concentrations are less than 10 parts per million (ppm), soil samples will be collected for laboratory analysis. Collect one (1) confirmatory soil sample per each excavated sidewall (12) from a location likely to be impacted by petroleum constituents as determined through field screening and observations. If no positive field screening (OVA <10 ppm) or other evidence of contamination exists, confirmatory samples for analysis shall be from the interval one foot above the water table. Submit soil samples to a state certified laboratory for analysis of Volatile Organic Aromatics (VOAs), Total Recoverable Petroleum Hydrocarbons (TRPHs) via FL -PRO, and Polynuclear Aromatic Hydrocarbons (PAHs). All sampling activities will be www.therokeecorp.com Mr. Harry James, City of Miami December 14, 2010 Page 7 of 10 Encineers & 'Contractors conducted in accordance with the Florida Department of Environmental Protection's (FDEP's) Standard Operating Procedures for Field Activities. • Collect five (5) composite soil samples, as per Chapter 62-713 Florida Administrative Code (FAC), from soils excavated from the 5 to 9 feet BLS (when sampling for volatile organics, discrete sampling will be required). Submit the soil samples to a state certified laboratory for analysis of Volatile Organic Halocarbons (VOHs), PAHs, TRPHs, TOX, and four (4) Resource Conservation and Recovery Act (RCRA) metals (Le., arsenic, lead, chromium and cadmium) for arrangement of soil disposal. Collect five (5) composite soil samples, as per Chapter 62-713 FAC, from soils excavated from 9 -to 14 feet BLS-(when-sampling_for -volatile .organics, .discrete _sampling will be required). Submit the samples to a state certified laboratory for analysis (regular turnaround time) of the Gasoline and Kerosene Group parameters (i.e., VOAs, PAHs, and TRPHs), as per Table B of Chapter 62-770 FAC, to determine the presence of contaminants. If contaminants are detected and exceed cleanup target levels specified in Chapter 62-777 FAC, additional soil analysis and disposal (not included in this proposal) would be required. If contaminants are below the cleanup levels stated above, the soil would be returned to the excavation as clean backfill, Event No.2: Implementation of air sparging system and confirmatory groundwater sampling. .• • • Mobilize appropriate field personnel, equipment, and materials to the site. Setup, start up and test the air-sparging system for proper operation. Operate the air sparging system for an approximate 8-hour period each day for five (5) days at each excavation area (10 days total), Conduct air monitoring around the excavation areas and the vicinity, in accordance with the action levels indicated in the LSRAP and HASP. Collect grab groundwater samples from each open excavation at the conclusion of the 5- days air sparging activities. Submit groundwater samples to a state certified laboratory for analysis of VOAs, PAHs and TRPHs (24 hours turnaround time). EventNo.3 - Disposal of Contaminated Soils, Backfilling, Compaction, and Site Restoration, CET will complete the following activities: Mobilize appropriate field personnel, equipment, and materials to the site. Transport and disposed of contaminated soils from the 5-9 foot depth interval (approximately 571 cubic yards / 799 tons). • Backfill and compact excavation (upon completion of the air sparging activities) with original soils classified as non -contaminated (based on soil screening data for soils from 0 to 5 feet interval and laboratory analyses for soils from 9 to 14 feet interval), and new clean fill. • Prepare and submit a comprehensive report to the LCT, City of Miami, EPA and DERM summarizing all field activities from Task #1 through Task #4, The report will include at a minimum copies of laboratory report and chain 'of custody, analytical results, summary of www.cherokeecorp.com Mr. Harry James, City of Miami December 14, 2010 Page 8 of 10 Engineers & Contractors field activities, soil disposal manifests, photographs, drawings, recommendations for the next appropriate course of action, and any other applicable documentation. Event No.4: Groundwater monitoring wells installation, sampling and source removal report. • Mobilize appropriate field personnel, equipment, and materials to the site. Replace 6 groundwater -monitoring wells to match originals in the area of excavation. Each of the shallow monitoring wells will be constructed of 2-inch diameter, schedule 40. _polyvinyichioride._(PVC)..casing,.with 10 feet of.,0.010-inch slotted .screen. The. well casing was set through the center of the hollow stem auger, and approximately 2 feet of screen was placed above the water table to allow for wet and dry season variations. The shallow wells will be set at approximately 15 ft below land surface (BLS) depending on the field -estimated depth -to -water level at the site of installation. • Since the wells will be installed in a newly backfrlled area, drill cuttings will not be containerized and will be spread in the area. However, well development water will be containerized in 55-gallon drums and disposed of properly. • Submit to DERM well completion logs for each monitoring well installation. Mobilize appropriate field personnel, equipment, and materials to the site. • Sample the 6 replaced groundwater -monitoring wells and 3 existing monitoring wells no sooner than ten days after backfilling each excavation. Submit the samples to a state certified laboratory for analysis of VOAs, PAHs and TRPHs. + Submit to DERM groundwater sampling results for review. • Prepare and submit a comprehensive report to DERM summarizing all the field activities from Event #1 through Event #2. The report will include at a minimum copies of laboratory report and chain of custody, soil and groundwater analytical results, summary of field activities, waste manifests, photographs, drawings, recommendations for the next appropriate course of action, and any other applicable documentation, Total Estimated Cost of Task No.3 S263,000.00. Task No.4 — Quarters 1 through 4 — Post Active Remedial Monitoring (PARM) Groundwater Monitoring Wells Sampling and PARM Report • Mobilize appropriate field personnel, equipment, and materials to the site. • Sample the 6 replaced groundwater -monitoring wells and 3 existing monitoring wells. The number wells can be reduced based on the site condition after completion of source removal and open -trench air sparging activities. + Submit the samples to a state certified laboratory for analysis of VOAs, PAHs and TRPHs. • + Submit to DERM groundwater sampling results for review. • Prepare and submit a comprehensive report to DERM summarizing all the field activities. The report will include at a minimum copies of laboratory report and chain of custody,' analytical results, summary of field activities, waste manifests, photographs, drawings, recommendations for the next appropriate course of action, and any other applicable documentation. www.cherokeecotp.com Mr. Harry James, City of Miami December 14, 2010 Page 9 of 10 Engineers 15, Contractors Total Estimated Cost of Task No.4.......................................$44, 600.00. Task No.5 - Well Abandonment and Reporting Note - This task will be completed once a final site closure is obtained. Mobilize appropriate field personnel, equipment, and materials to the site. Properly abandoned all on -site groundwater -monitoring wells. Total Estimated Cost of Task No.5...... ......... ......... ..... . ...... ........... Task No.6 - EPA Quarterly Reporting and Community Meetings •• Submit quarterly cleanup progress / grant update report to the EPA. Attend necessary community related meetings and conduct presentations. Total Estimated Cost of Task No.6. ..... ..... .................... . ........... COST SUMMARY Task # 1 Description Additional Site Assessment FDEP Share (65%) $21,843.98 City of Miami Share (35°AO $11,762.14 Total $33,60.6.12 2 Preparation of Remedial Action Plan $10,449.95 $5,626.90 $16,076.85 4 Implementation of Remedial Action _P_l an/Reporting_._. One Year Post Action Remedial Monitoring 1170,950.00 $28,990.00 $92,050.00 $15,610.00 $263,000.00 $44,600.00 5 Well Abandonment and Reporting $6,500.00 $3,500.00 $10,000.00 6 EPA Related Reporting $0.00 $25,000.00 $25,000.00 Dt1-S $L13;r7r Notes: 1. 2. The remaining budget under the PAC program is $193, 101.36. As a result, the remaining gap (S238,733.93- $193,101.36) for the PAC share will be covered by the EPA Grant. The cost summary associated with Task Nos. 2 through 6 are budgetary estimates as it may change based on the extent of the contamination and final remedial plan. www.cheroke ecorp.com Mr. Harry James, City of Miami December 14, 2010 Page 10 of 10 Engineers d- Contractors All sampling activities will be conducted in accordance with the Florida Department of Environmental Protection's (FDEP's) Standard Operating Procedures for Field Activities, GE] is pleased to have the opportunity to provide DERM and City of Miami with a cost proposal for these services. If you have any questions or require further information, please call us at (305) 828-3353. Sincerely, CHEROKEE'ENTER'PRISES, INC. AmanueJ WoYtu, P.E. Vice President NAPROIE'Ct5NLIBERTt' CITY TRUST OROSYNFIEIDAL700 NW 17 AY67Gemnf1\PROPOSALS\ 2016.2017 7SAReEPA FUNb\ASSESS AIEN7 AND REMF.UTATION PROPOSAL • 72.14.20107oee AW/aw cc: Gabino Cuevas, P.E. Attachments (4): Figure A. Current DERM Work Order B. Regulatory Agency and CEI Correspondence www.cheroksecorp.com C MW SLAB • 7-6RRI MW_pa mall ProwuTCLounovc TANN LOCATION 1 N0WER Fl£. 111.. ' MWI MW-8R6 W-14DR 419 MW-19 MVy.10 • NW 62 ST. LEGEND RIN CLCV RIM ELEVATION TO. [LEV 10^ IT PVC (T�'� PI c ELEVATION e TnEE LIENI POLE TRAME LICNI POST ISM CLEOTRI: SOT. - SION POST ® SAWN BASIN • TRAPSIC SIONAL 8 VATS IETCR oa VATCR VALVE R, OMIT, Pat e 51801 SEVER RANI tau e SAISIIART SVOi 0 313.0 O NIMIT0RM0 VEIL MOLE TO LECA1E/OESIPDTEO VLLLL 0. PD➢IB NAIL L DISC SETUP POINTS MV 00TETERREO 10 AS NV-B PRIM TO 0E0-E00S MVA-LR. A. sod 7. I' YELLS INSTALLED BY PREVIDU; CONSLLTANI LOCATIDS BASED DA' PREVIOUS SI1E PLANS N NW 62 TERR. MARTIN LUTHER KING BLVD. 25' 0 25' 50' SCALE: 1. = 50 FEET FORMER SHAMROCK SUPREME SERVICE STATION 6200 NW 17TH AVENUE, MIAMI, FLORIDA 33147 SITE PLAN CHEROKEE ENTERPRISES, INC. Ewen G COOtr0:t0S FIGURE 1 Attachment,A Current DERM 65% Work Orders (WO#2009-13-W87217) 111 FDEP Wor}:Order it Contractor Name: Site Name and Address: Florida Department of Environmental Protection -Division of Waste Management -Bureau of Petroleum Storage Systems•Petroleum Cleanup Verbal Authorization for Change in Scope of Work FDEP 2009-13-W87217 FACID #: 13/8732522 Site Manager: Monica Castro Cherokee Enterprises, Inc. Contractor Phone#: 305-628-3353 Supreme Station, 6200 NW 17th Avenue, Miami, Florida UT-1854/F-8173 VC043 This is an authorization for the costs associated with the scope of work listed below. in order for these costs to be paid, these changes will need to be incorporated into the applicable change order/invoice for the yf- referenced work order or task, assignment (including copies of all applicable subcontractor & materials invoices). VC. 0 3 Description of Change; 1 Field Event " VCC13 - Extension of submittal dale for the Supplemental Slte Assessment Report(SSAR) from November 30, 2010 to February 28, 2011due to 35% (unsling issues wlth the.Cliyof Miam!. The City of Miami applied for the EPA Cleanup Gran! and was selected as one of the recipients o1 the grant. The City is in the process of execullpy the agreement with EPA and should be Inn place befor end of the year. /75 e/!a/iJ/�, H'AS G79/vi•sed///✓. q, Tl�/ 7`2c on G:-4+.GL tl / i Gt ��ca >/e.C.- 7 7 4 S 1�'4 -/ormtc I 2 ///Z G' / ey r.fs7Y7, Field Section & 1 2A Number 1 Template Activity Description Cost per item # of Items Authorized Costs n/a H-1 General / SA Report Preparation Costs' n/a actual amount will be determined in template cos( sheer during invoicing subtotal: Subcontractor/Equip. Purchase Laboratory. j Authorized Costs In-house Services/Equip. Rental Authorized Costs $0.00 Field Wort. 1s 3rd: subtotal (with 10% markup) : Labor Category "Bare" Labor Rates Labor Hours Equipment Kit Costs: $0.00 (See Price List) • Deliverable(s) T T-REPORT LAB REPORT 4th: 5th: Final: $', 9. 5 7— Lf ssf �I iY $0 rj subtotal (no markup) : Authorized Costs Misc. Expenses Equipment: Materials: Authorized Costs subtotal*: .subtotal (' includes el markups G equipment kit costs) previous Due Datefs) New Due Dates) FDEP Cost Share 65% -4-14414 a1-e —2/28/2014- 'Total Authorized Costs 10/30/2010 /Z'.3t-/6 � • //-3p-2o/D Requested by Contractor Representative: Amanuel Worku, P.E. Authorized by FDEP Site Manager: Accepted Contractor Representative: Cosi Center Administrator Approval e'$10,000; (HIM Name) g rY 1/11 Namd) Amanuel Worku, Ilfinl Nan -a) /1 a P.E. Revie Initials (opt Period of Service extended to: 0 29 - 20// �r Date: ll/ut/:t Date: 1Z 02O/0 U/.6 • ate: 12 -03 - poID Date: /. F yam✓ DeliverabIe'iS.= DeliveralSe Delivera5I5 33 Delivera5le,- Deliverable ,- Deiivera6be 6:c Work Order Number: FDEP Facility Id #: Site Name: Address (Street, City): Contractor Name: Contractor Address: Florida Depanment of Environmental Prot ction•Diviaion of Waste Menagoment•aureau of Petroleum Storage Systems -r Petroleum Preapprova! Program Work 2009-13-W87217 13/8732522 SUPREME- STATION 6200 NW 17TH AVE MIAM/ CHEROKEE ENTERPRISES INC. 14474 Commerce Wasp Miami Lakes FL 33016 Contractor. Representative: Amanuei Worku, P.E. FDEP Site Manager: Alejandro Vergare Cleanup Phase: Site Assessment Cleanup Activity: Work Order Description: Cost Center#: 37450404555 Score: 10 SUPPLEMENTAL SfTE ASSESSMENT Order ���/3�. �•{o4-ia Category: 90700C -`( 0C=09" Contract #:PAC266 rt i� Eligibility: PAC f� County: Miami -Dade Latd CID #: _ 0556 FEID #: 65-0891158 Phone #: 305/828-3353 Phone #: 305/372-6447 19Y vpp�� z In accordance with the amended CP did 7/22/09 (rcd 7124/09),for the discharge dtd 3/13/87,conduct:Event#1:Install a MW north of MW-15,a MW north of MW-16,a MW northwest of MW-11 R,& a MW in the center of the former excavation area,as shown on the attached diagram,;vent#2:Semple the new wells north of MW-15 & MW-16 for VOA(EPA 8260),PAH(EPA 8270),& Pb(EPA 6010B).Sample the new MGP northwest of MW:11R. for VOA(EPA-8260);PAH(EPtiB270):TRPH(FCPRO);CPti(EPA 6010B):Sample the-neveMW'in the centerof•the former excavation area for Table C pararneters.Sample MW-14DR for VOA,PAH,& Pb via the above methods.Advance 9 5B along the former piping run at 20' intervals,as shown on the attached diagram:Screen each interval to 1' above the GW table:sample & analyze the interval with an OVA reading >10ppm for VOA,PAH,TRPH,& Pb via the above methods.If no readings are >10ppm or exhibit visual staining,sample the interval 1' below the depth of the former piping for the above parameters.Advance 5 SS withirrthe former excavation area,inciuding 1 SB in the center,Sample each 2' interval to the GW table for VOA,PAH TRPH,& Pb via the above methods.The SB in the center must also be analyzed for As,Cd,& Cr (EPA 6010B),Instail a SB at the MW-8R & MW-1R locations.Semple & analyze the intervals 2' above & 2' below the GW table for VOA,PAH,TRPH,& Pb via the above methods.Soll & GW sampling must be in accordance with the Standard Operating Procedures (SOP- 001/01 FS 3000 revised 2/1)04) 8 (SOP 001101 FS 2200 revised 2/1/04) & SOP PCS-005,(GW Sampling SOP Variances & Clarifications for BPSS Sites,effective 5/2J05).The conclusion section of the SSAR must include recommendations for the next course of action per 62-770.600 (8)b-GW SampEg LcFD 9000-24) must be used.Site diagrams must be drawn to scale,otherwise the rpt(s) will not be reviewed.Submit2 signed & seaier©copiets.of the SSfAR to A.Chirino,DERM A&C Section,701 NW 1 Ct, Miami,FL.Direct all questions to the SM,A.Vereara. LABOf7AitieRY REPORT a rl r! Lu )--. Final Deliveratile: ',�JUPPuYENTAL SIT ASSESSMENT REPORT Period of Service: Contractor Representative Signature Date To Mav 29 2010 Amount (incl. retainage): $21,843,98 Retainage (10%): $2,184.40 This WORK ORDER is not in effect until signed by all parties. The FDEP will not pay any amount of this WORK ORDER until the original signed copy has been returned to the •FDEP. The FDEP will not pay for any portion of the scope of work that has not been performed as of the date of Invoice.. --Additional Terms And Conditions On Following Pages-- ----- FDEP Slte Manager: FDEP Manager: Cost Center Administrator: Contractor Representative: Contractor Representative: (second contractor signature Is optional) i ae ` C.1�1l�lAJO Due Date 1: Oct. 30, 2009 Due Date 2: Due Date .3: Due Date 4: Due Date 5: Due Date 6: Final Due Date- Nov. 30, 2009 Date 8/12/2009 FDEP Use Only: Technical review: E� Fiscal Review: CE=,,,0 Initials: initials: 7� page 1 of Date: O8./2.09 Date; 618 •12.03 Florida Department o; Environmental Protection -Division of Waste Management -Bureau of Petroleum Storage Systems Petroleum Cleanup Preapproval Program Work Order Work Order# 2009-13-W67217 NOTICE ALL PRIME CONTRACTORS, SUBCONTRACTORS AND VENDORS ARE STRONGLY ENCOURAGED TO REVIEW THE TERMS AND CONDITIONS OF THIS CONTRACT WORK ORDER TERMS & CONDITIONS 1. Certification of Performance a. The PRIME CONTRACTOR signing this Work Order agrees to be bound by the terms and conditions contained herein. b. The PRIME CONTRACTOR signing this Work Order agrees to perform the approved scope of work at the approved cost. Any changes to the scope of work or cost must be approved in writing by the Florida Department of.Environmentai Protection,(DEPARTMENT). c. The PRIME CONTRACTOR agrees that it is responsible for the professional quality, technical accuracy, timely completion and coordination of all designs, drawings, specifications, reports, other services and installations fumished under this Work Order. C. The PRIME CONTRACTOR represents that its services and installations shall be performed In.a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time the services are performed. e. The PRIME CONTRACTOR certifies that it currently meets all of the qualifications for participation in the Petroleum Cleanup Preapproval Program as requiredby Sections 376.30711(2)(b)-(c), Florida Statutes (F.S.), and any other appropriate Florida laws and as outlined in Section 2.2 of the Preapproval SOP. The PRIME CONTRACTOR further certifies that It will not knowingly permit any of these qualifications to lapse during the duration of this Work Order. The PRIME CONTRACTOR agrees that If any of the qualifications do lapse, it will immediately notify the DEPARTMENT and will suspend the performance of this Work Order until all the qualifications are met. f. The PRIME CONTRACTOR certifies that it has read, understands and will perform all work in accordance with these terms and conditions, applicable statutes, and any rules and guidance issued by the DEPARTMENT and the standards of performance therein. 2. Additional Terms and Conditions a This Work Order is issued to the listed PRIME CONTRACTOR and is not transferable or assignable. However, pursuant to Section 376.30711(5)(a), F.S., invoices submitted pursuant to this Work Order are assignable. Persons wishing to exercise this option should refer to section 6.7.10 of the Preapproval SOP and/or contact the DEPARTMENT for assistance. The PRIME CONTRACTOR or the PRIME CONTRACTOR's in-house services, subsidiaries or affiliates, shall not subcontract, assign, or transfer any work under this Work _0rder_that: (1) Costs $2,500 or more and is not covered by a Preapproval fixed cost template or fixed price schedule without the prior written consent of the DEPARTMENT using the verbal authorization form. 'No first tier subcontractor or vendor awarded work under this Work Order shall further subcontract, assign, or transfer any work that costs $2,500 or more without the prior written consent of the DEPARTMENT using the verbal authorization form, All requests from first tier subcontractors or vendors to the DEPARTMENT for prior written approval must be made through the PRIME CONTRACTOR. Violations of this provision shall result in forfeiture of payment for the associated work; Template-101408 Page 2 of 6 Lit 1E54: WO 0905: E/11/2009: 10:50 AM Florida Department of Environmental Protection -Division of Waste Management -Bureau of Petroleum Storage Systems Petroleum Cleanup Preapproval Program Work Order Work Order # 2009-13-W87217 (2) Costs $2,500 or more and Is covered by a Preapproval fixed cost template or fixed price schedule without providing prior written notice to the DEPARTMENT before the work is performed. No first tier subcontractor or vendor awarded work under this Work Order shall further subcontract, assign, or transfer any work that costs $2,500 or more without providing prior written notice to the DEPARTMENT before the work is performed. At such notices from first tier subcontractors or vendors to the DEPARTMENT must be made through the PRIME CONTRACTOR. Violations of this provision shall result in forfeiture of payment for the associated work. b. The PRIME CONTRACTOR shall provide a copy of this Work Order, including the terms and conditions, to each and every subcontractor and vendor regardless of value. c. The PRIME CONTRACTOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment .of all monies due under any subcontract in accordance with Subsection 287.0585(1) and Subsections .3.Z6.30.711(5),(d)-and..(e),_E.S.,see.Chapter.2008-1.27.,_Laws.of. Elorida.(L.O_F.),_and.paragraphs.2._j.and.2. I.of this agreement. It is understood and agreed by the PRIME CONTACTOR that the DEPARTMENT shall not be liable to any subcontractor or vendor for any expenses or liabilities incurred under the subcontract and that the PRIME CONTRACTOR shall be solely liable to the subcontractor or vendor for all expenses and liabIllties incurred under the subcontract. d. The issuance of this Work Order does not constitute an approval, certification, or endorsement of the PRIME CONTRACTOR by the DEPARTMENT. The DEPARTMENT hereby gives its written consent to use the subcontractors and vendors designated in the proposal for the work as designated in the proposal. e. The issuance of this Work Order does not convey any vested rights or any exclusive privileges. Neither. does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This Work Order is not a waiver of, or approval of, any other DEPARTMENT permit or approval that may be required for other aspects of the total project which are not addressed in this Work Order. f. This Work Order does not relieve the PRIME CONTRACTOR from liability for harm or injury to human health or welfare, animal or plant life, or property, caused by its aotivities or from penalties therefore; nor does it allow the PRIME CONTRACTOR to cause or contribute to pollution in contravention of Florida Statutes and DEPARTMENT rules. g. All documents, reports correspondence, invoices, billings and any other written or electronic records related to this Work Order are considered to be public records. The DEPARTMENT may unilaterally cancel this Work Order, remove the PRIME CONTRACTOR as the designated cleanup contractor for the subject site, or cancel the PRIME CONTRACTOR's participation in the Preapprova( Program for failure of the PRIME CONTRACTOR to maintain such public records and allow unrestricted access to such public records as specified by Chapter 119, F.S. h. The PRIME CONTRACTOR, by accepting this Work Order, specifically agrees to allow authorized DEPARTMENTepersonnel,eand-personnel-of-a-contracted_Local_P_rogram.or_T_eam, to_observe_and inspect the work being performed under this Work Order, including: (1) Access to any public records that must be kept under conditions of the Work Order; (2) Inspection of the facility, equipment, practices, or operations required under this Work Order; and (3) Sampling or monitoring of any substances or parameters at any location reasonable or necessary to assure compliance with this Work Order or DEPARTMENT rules. i. The PRIME CONTRACTOR agrees that this Work Order Is subject to the applicable provisions of Section 287.058, F.S., Section 287.0582, F.S., Section 287.0585, and Subsection 376.30711(5), F.S., (see Chapter .2008-127, L,O.F.). Template-101408 Page 3 of 6 ut 1854: WO 0936: 8/11/2009: 10:50 AM Florida Department of Environmental Protection -Division of Waste Management -Bureau of Petroleum Storage Systems Petroleum Cleanup Preapproval Program Work Order Work Order # 2009-13-W87217 j. Pursuant to Subsection 287.0585(1) and Subsection 376.30711(5), F.S., (see Chapter 2008-127, L.O.F.) the PRIME CONTRACTOR, or persons to which the PRIME CONTRACTOR has assigned Its right to payment, Is responsible for prompt payment of all subcontractors and vendors under this Work Order within 7 working days from the date of receipt of payment from the DEPARTMENT, and the provisions of Subsection 267.0565(2), F.S., do not apply. If the PRIME CONTRACTOR receives less than full payment from the DEPARTMENT for the services or goods of the subcontractors or vendors, then the PRIME CONTRACTOR shall be required to disburse only the funds to the subcontractors and vendors in the same proportion as paid by the DEPARTMENT. k. In accordance vvith Section 287.0565, F.S., the DEPARTMENT is not responsible for ensuring that the PRIME CONTRACTOR provides payment to all subcontractors and vendors. Section 287.0585, F.S., authorizes the Department of Legal Affairs (DLA) in the Attorney General's Office to provide legal assistance to subcontractors and vendors in proceedings brought against Contractors for non-compliance with the prompt payment provisions of that section, as well as the payment of penalties and restitution for attorney's fees and related expenses of the aggrieved party or the DLA. 1. For final invoices, all subcontractors and vendors must be paid by the PRIME CONTRACTOR prior to submittal of the final invoice for this Work Order for all of their costs included in all of the PRIME CONTRACTOR's invoices submitted for this Work Order prior to the final invoice in proportion to the amount approved for payment by the DEPARTMENT, The PRIME CONTRACTOR shall also be required to submit a properly completed Contractor Release .of Claim Form stating that It acknowledges these requirements, that prompt payment of all subcontractors.and vendors for all of their costs included in the final invoice is required as outlined in paragraph 2. J. above, that penalties for non-compliance and provisions for legal assistance from the .Department of Legal Affairs are included in Subsection 287.0585(1), F.S. , that the work was completed in accordance with this Work Order, and that upon receipt of the final payment it releases the property owner and the DEPARTMENT from any claims arising from this Work Order. m. If this Work Order has been issued pursuant to a Preapproved Advanoed Cleanup (PAC) or Petroleum Cleanup Participation Program (POPP) contract, then the termination of that contract may result in the immediate termination of this Work Order, n. The State of Florida's performance and obligation to pay for services under this Work Order is contingent upon appropriations by the Legislature in effect at the time of execution. Authorization for continuation and completion of this Work Order and payment associated therewith may be rescinded with proper notice at the discretion of the DEPARTMENT if Legislative appropriations are reduced. o. In accordance with Subsection 376.3071 1(5)(b), F.S., (see Chapter2008-127, L.O.F.) the PRIME CONTRACTOR shall submit invoices to the DEPARTMENT within 30 days after the date of the DEPARTMENT'S written acceptance of each interim deliverable and written approval of the final deliverable specified in the Work Order. It is understood and agreed by the PRIME CONTRACTOR .that failure to submit interim invoices within this timeframe may result in forfeiture of retainage and failure to submit the final invoice within this timeframe may result in the automatic closure of the Work Order and forfeiture of the unpaid balance of the Work Order. -p. The -purchase ofnon=expendable-equipment-cosfing $1;000.00-or-more-under-this Work-Ordershatl-rernain the property of the DEPARTMENT and be subject to the provisions of Section 7.4 of the Preapproval Program SOP. The PRIME CONTRACTOR shall have the use of the equipment for authorized purposes under the Work Order until the required work has been completed provided adequate maintenance procedures are implemented. When no longer needed, the PRIME CONTRACTOR shall retum at non -expendable equipment purchased under this Work Order to the DEPARTMENT. However, if the responsible party or property owner wish to acquire the equipment, the DEPARTMENT, at Its discretion, may elect to transfer ownership of the equipment to the responsible party or property owner in exchange for payment or trade based on its fair market value as of the date of title transfer. All such ownership transfers are subject to approval of the DEPARTMENTS Surplus Property Review Board and must be documented in a formal agreement executed by both parties in 2 format approved by the DEPARTMENT such as a Funding Transition Agreement or Site Rehabilitation Funding Allocation Agreement. q. The PRIME CONTRACTOR acknowledges that the total amount of this Work Order is not considered to be a fixed price contract or a lump sum contract. Template-10140E Page 4 of 6 ut 1854: WO 0908: 8/11/2009:10:50 AM Florida Department of Environmental Proteotian-Division of Waste Management-eureau of Petroleum Storage Systems Petroleum Cleanup Preapproval Program Work Order Work Order # 2009-13-W87217 r. The PRIME CONTRACTOR represents that if It (or any entity that it has an ownership interest in or has an ownership interest in it) has a financial or ownership interest in the cleanup site that is the subject of this Work Order, that written notice has already been provided to the Site Manager stating the specific nature of the interest in the property and who holds that interest. s. to addition to any other remedies available at law, failure to implement any of the terms and conditions of this Work Order shall be considered a breach of contract and shall subject the PRIME CONTRACTOR to cancellation of this Work Order, loss of payment, or removal as the designated PRIME CONTRACTOR, Individual contract terms may also have other specific remedies for violations. 3. Retainaqe and Forfeiture of Retainage a. The PRIME CONTRACTOR agrees that the retainage withheld on this Work Order shall not be paid until the full scope -of work -has been completed to the satisfaction oftheDEPARTMENT. b. If the PRIME CONTRACTOR fails to perform the required scope of work, fails to perform the work In a satisfactory manner, or makes misrepresentations to the DEPARTMENT, then payment for that work will be forfeited and retainage for the entire Work Order will be forfeited. Failure to perform includes, but is not limited to, failure to submit the required deliverable or failure to provide adequate documentation that the work was actually performed. In accordance with Section 376.30711(5)(h), F.S., PRIME CONTRACTORS who fail to perform the terms of a Preapproval Work Order may be barred from further participation in the Preapproval Program. c, If a deliverable required by this Work Order is submitted after the due date for the deliverable then the DEPARTMENT reserves the right to withhold payment of the retainage for the entire Work Order. 4. Audit - Access to Records & Purpose a. The PRIME CONTRACTOR shall maintain organized and cataloged books, records, documents and all subcontractor and vendor Invoices directly or indirectly pertinent to performance under this Work Order in accordance with generally accepted accounting principles consistently applied. All such records shall be kept at one of the PRIME CONTRACTOR'S offices located within the legal boundaries of the State of Florida per Chapter 6, F.S. or made available at such office within five business days of receipt of a request from the DEPARTMENT. The DEPARTMENT, the State or their authorized representatives shall have access to such records without charge for audit or investigation purposes during the term of the Work Order and for three years following Work Order completion, Failure to maintain such required records shall constitute a breach of contract and could result in forfeiture of remaining payments on this Work Order, removal as the designated PRIME CONTRACTOR for the subject site or dismissal of the PRIME CONTRACTOR from participation in the Preapproval Program. b. The PRIME CONTRACTOR acknowledges that there are several purposes of a DEPARTMENT audit: 1) To confirm the actual level of effort and costs for comparison with the Preapproval Fixed Cost Templates, Fixed Price Schedule and Level of Effort guidelines. Such information Is not intended for cost recovery, but will be used to support future adjustments in these fixed costs program wide; and 2) To confirm compliance with the terms and conditions of the Work Order, the Preapproval standard operating procedures, applicable DEPARTMENT rules and guidance, and to investigate instances of criminal violations pursuant to Section 376.302, F.S., any of which may result cost recovery or other appropriate action. 5, Dispute Resolution - Suspension or Cancellation of Work a. The DEPARTMENT may order a suspension or cessation of work In order to resolve disputes regarding a PRIME CONTRACTOR'S performance or the performance of their subcontractor. If this is necessary, the DEPARTMENT will notify the PRIME CONTRACTOR either verbally and/or in writing by either express or certified USPS mall or private express mall with a copy Of the notification sent to the property owner. The PRIME CONTRACTOR or its subcontractors will not be paid for any work performed or idle time during such suspension or cancellation until the DEPARTMENT determines what, if any payments should be made. Template-101468 Page 5 of 6 ut 1854: WO 0908: 6/11/2009: 10:50 AM • Florida Department of Environmental Protection -Division of Waste Management -Bureau of Petroleum Storage Systems Petroleum Cleanup Preapproval Program Work Order Work Order # 2009-13-W87217 b. The DEPARTMENT may initiate a suspension or cancellation of work. The DEPARTMENT reserves the right to suspend or cancel work for good cause. Good cause includes, but is not limited to, failure to comply with the provisions of this Work Order, failure to acquire proper state, federal or local permits, any audit or report indicating that any phase of actual work completed was inconsistent with the approved scope or cost, or failure of a PRIME CONTRACTOR to maintain its required qualifications. c. A written notice of intent.to suspend or cancel work shall give the PRIME CONTRACTOR a minimum of fifteen (15) working days to respond and to correct the deficiencies unless the DEPARTMENT'S initial findings are so egregious that no remedies are acceptable. In cases where the findings are egregious, the DEPARTMENT reserves the right to remove the PRIME CONTRACTOR from the site and take whatever actions may be necessary. d. If the PRIME CONTRACTOR does not remedy the deficiency within the timeframe allotted, the Work Order shall be deemed suspended or canceled at the discretion of the DEPARTMENT. e. 1n the event the DEPARTMENT determines, in its sole discretion, that the PRIME CONTRACTOR or any of its subcontractors is in breach of the terms and conditions of this Work Order, the DEPARTMENT reserves the right to exercise all remedies at law and equity. (FOR PRIME CONTRACTOR, SUBCONTRACTOR & VENDOR REFERENCE) *Note: Effective July 1, 2008, Subsection 376.30711(5)(e), F.S. (see Chapter2008-127, L.O.F.) stipulates that Subsection 287.0585(2), F.S., shall not apply to payments associated with preapproved site rehabilitation agreements. Therefore, payment agreements between preapproval contractors and their subcontractors and suppliers will not affect the statutory requirement in Subsection 287.0585(1), F.S., for preapproval contractors to make prompt payment to subcontractors and suppliers within seven (7) days of receipt of payment from the Department. Penalties for non-compliance and provisions for legal assistance are included in Subsection 287.0585(1), F.S. (see applicable statutory citations below): Subsection 376.30711(5)(d) & (e), F.S. (2008) 376,30711 Preapprcved site rehabilitation, (5)(d) Contractors or persons to which the contractor has assigned its right to payment pursuant to paragraph (a) shall make prompt payment to subcontractors and suppliers for their costs associated with a preapproved site rehabilitation agreement pursuant to s. 287.0585(1), (5)(e) The exemption in s. 287.0585(2) shall not apply to payments associated with a preapproved site rehabilitation agreement. Section 287.0585, Florida Statutes (2004) 287.0585 Late payments by contractors to sub -contractors and suppliers; penalty. (1) When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subJect to -the -provisions of -chapter 339,--- the contractor shall pay such money's received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment..If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, sub -contractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractors shall pay to the subcontractors and suppliers a penalty in the amount of one-half of 1 percent of the amount due, per day, from the expiration of the period allowed herein for payment, Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. (2) This section shall not apply when the contract between the contractor and subcontractors or subvendors provides otherwise. Template-101408 Page 6 of 6 ut 1854: WO 0908: 8/11 /2009: 10:50 AM Work Order#: 2009-13-W87217 Faollily Id #: 13/8732522 Contractor#: 00566 Date: 08/12/08 Work DescripUon: Install 4 monitoring wells. Florida Department of Environmental Protection -Division of Waste Management -Bureau or Petroleum Storage Systems Petroleum Cleanup Preapproval Program Work Order Template First Event FDEP/LP Site Mgr. Alejandro Vergers Cost Share Information She Name: Supreme Station Contractor Name: Cherokee Enterprises, Inc. FDEP Contract#: PAC266 Template Comments/Notes Allowed Coal Original Number Item Coat of Items FDEP Share: Applicant/Owner Share: Total: Change 66.00% 36.00% 100.00°% Change Change Costa Template Amount Total Cost Section A: Packaged Work Scopes 1 Pumping Test or Multi -phase Pilot Teat (using In-house personnel) 2 Vapor Extraction or Air Sperging Pilot Test (using In-house personnel) 3 Air Sparging & Vapor Extraction Pilot Test (using In-house personnel) 4 Monthly O&M Visit a RAI Monthly O&M Allowance - Smell System s RAI Monthly 0&M Allowance - Medium System 7-RAhMonthly O&M Allowance - Large'System s RAI Supplemental O&M Monthly Allowance - Thennox/Catox Treatment Section S: Office Activities, Part I 1 Proposal Preparation 2 File Review 3 Permits 4 Site Health & Safety Plan 6 Notice of Discovery of Contamination Package (Initial or TPOC) Section C: Field Activities 1 Mobilization (2 persons) well Install 2 Mobilization (1 person) ' 3 Ddging Setup (w/util0y clearance) 4 SO for Soil Screening or Pieuometer Install (5 10 fl) 8 SB for 5011 Screening or Plezometer Install (> 10 ft t0 5 30 ft) 6 SO for Soil Screening er Piazometer install (> 30 ft) 7 Wall Install (520ft) s Wall Install (>20ftt0540ft) 6 Well Install (> 40 ft) 10 Well Install, double cased (5 40 ft) 11 Well Install, multiple cased (> 40 ft) 12 Reoovary Wel Install (5 40 ft) 13 Recovery Well Install (> 40 ft) 24 Air Sparging Well Install (5 40 U) 15 Sol VE Well install (5 40 ft) 16 AS end/or Soil VE Wet Instal (> 40 ft) 17 Well ar Piezometer Abandonment 15 Recovery or Multi -phase Well Abandonment 18 Well Sampling with Water Level 20 Water Level or Free Product Gauging 21 Free Product Gauging & Balling (per well) 22 Area survey $3,048.90 $2,055.30 $3,197.27 $851.42 $2,776.92 $3,254.33 33,831.74 $475.03 Section A Subtotals: $535.08 $683.13 $730.48 $341,70 5270.69 Section B Subtotals: $810.76 $453.05 $565.93 $236.66 $354.98 $473.31 $484.28 $726.39 $1,452.78 $988.52 $383.20 $238.55 $95.65 $243.18 S241.76 524.58 $118.13 $998.52 23 Whole Day Oversight [total days (to nearest 1/10th) x number of people) Se94.28 24__KIt.Aeowanre.(totet.dayb to.nearest 1/101h).(no.per dieminduded) $342.06 28 Par Diem (total days x number of people) $117.99 Section C Subtotals: Section D: Other Field Work 1 Other. Field Work 2 Other Field Work Section E: Other Equip. Rental Cost(s) 1 Other Equipment 2 Other Equipment 1 Becton D Subtotals: Section E Subtotals: $0.00 $0.00 $0.00 $0.00 60.00 50.00 $0.00 50.00 $0.00 $0.00 $D.00 $0.00 $0.00 $0.0D 30.00 $0.00 $0.00 - 50.00 $0:00 - ' $0.00 $0:00 $0.00 30.00 30.00 $0.00 $0.00 ail $535.05 $0.00 $536.08 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 60.00 50.00 $0.00 $0.00 $0.00 $636.08 3Q110 $536.08 $810.76 $0.00 $810.76 $0.00 30.00 $4?:40 $565.133 $0.00 $565.93 $0.00 50.00 $0,00 50.00 - 50.00 $0.00 $0.00 30.00 $0.00 $1,937.04 $0.00 $1.937.04 $0.00 $0.00 $0.0D $0.00 $0.00 $0.00 $0.00 $D.00 50.00 $0.00 MOD $0.00 30.00 MOD $0.00 $0.00 5D.D0 $0.00 $0.00 SD.00 $0.00 $0.00 $0.00 50.00 50.00 30.00 $0.00 $0.00 $0.00 .$0.00 $0.00 $0.00 50.00 $0.00 50.00 $0.00 $0.00 $0.00 60.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3.313.73 30.00 50.00 50.00 $0.00 $0.00 $0.00 $0.0D $3,31$.73 $0.00 30.00 $0.0D 3D.00 $0.00 $0.00 RR $0.00 $o.QD $0.00 50.00 $0.00 $0.00 - $0.00 $0.00 $0.00 $0.00 $0.00 Template-101408 Page 1 of 2 ut 1854: 1st Event: 8/1212008: 10:14 AM Florida Department of Envimnmsntal Protection -Division of Waste Management.Bureeu of Petroleum Storage Systems Petroleum Cleanup Preapproval Program Work Order Template First Event Won Order a: 2009.13-W87217 Template Fec01ry let 0: 13/8732622 Comments I Rothe Ste Name; Supreme Station Allowed Coat Date: 08/12/09 Original Number item Cost of items Change Chenpo Change Costs Tomplete Amount Total coat Section F: in-house Service Coats) 1 Laboratory 2 Drilling 3 Direct Push 4 Construction 6 Other Section 0: Subcontractor Cost(e) 1 Laboratory (from worksheet) 2 Laboratory 3 Mobile Lab 4 . Drilling 6 Direct Push 6 Construction 7 Non -Capital Equip. end/orMaterlals e Remedial Equip./System Leaae 9 Disposal 10 Other Section 01: Remedial System Purchase 1 Remedial System Costs 2 PAC Remedial System Costs Section H: Office Activities, Part II 1 General / SA Report Flald Work Costs (Secs C & 0) _ 2 Letter lNPDESReport 3 O&M Quarterly Report 4 05M Annual Report 5 Pilot Test Plan e Pilot Test Report 7 Level 1 LSRAP or RAP Modification s Level 2 LSRAP or RAP Modification 9 Leval 3 LSRAP or RAP Modification 10 Level 4 LSRAP or RAP Modification 11 Lave) 1 Remedial Action Plan 12 Level 2 Remedial Acton Plan 13 As -built Drawings (P.E. red lined) 14 Construction Drawings and Specs 1e RAC Did Package Solicitation/Evaluation 16 RA Startup Report 17 Soil Source Removal Report 1e Natural Attenuation Plan to Remedial Action Interim Report 20 General Remedial Action Report - 21 NA or Post RA Monitoring Quarterly Report 22 NA or Post RA Monitoring Annual Report 22 Well Abandonment Report 24 Initial Map & Table Generation 75 Other Report Type (backup opreedeheet) JSub Markup a 10.00% JAEE Drilling Field Work X MulUpller 53,313.73 291E Deliverables Section F Subtotals: undoes' *Unlit $3,553.97 Section G Subtotals: Remedial System Subtotals: $828.43 $282.27 $1,845.53 $3,036.45 $730.17 $1,275.27 $1,401.02 $2,742.89 54,866.33 $6,038.42 512,072.42 $18,078.85 $617.81 $3,398.01 $1,916.72 $2,386.61 51.768.80 $1,079.88 5530.10 $1,078.88 $530.10 61,324.39 $244.51 $1,883.05 pus Dote ..I pallvorabto / Documentation Interim Deliverable 10/30/00 r" Cb repcd• M.W. Com fteno o F Final Deliverable Information (Specify only if selected for this avant) Deliverable 0 1 General / SA Report Deliverable Due 11/30/09 Period of Service fo; 05/28110 Cumulative Work Order Totals pees Retelnags, FDEP Share applied') jEnte previous This Event Tote( 0 1-0 Events rile 114,6311.12 $4,039.13 0 7 Remedial Systems nia $0.00 - $0.00 0 6 Flnel Deliverable Me" 148443 $484,63 0 0 Rstelnage Ma $668,18 $666.18 Work Order Total $5,681.9d $6,681.94 Ternplate.1D1408 1.0 $0.00 $0.00 60.00 $o.OD $0.00 50.00 50.00 60.00 $3,983.37 $0.00 $0.00 $0.00 30.00 $0.00 50.00 $3.909.37 $0.00 $0.00 )0.00 6828.43 $0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 50.00 $0.03 50.00 $0.00 $0.00 50.00 S0.00 Suction H Subtotals: 5828.43 Du nal Include marku Do ndl Include markup $0.00 50.00 $0.00 $0.00 40.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $(1.00 $0.00 $0.00 50.00 $0.00 $0.00 53,900.07 $0.00 . 50.00 $0.00 $0.00 $0.00 50.00 $0.00 50.00 $0.00 $0.00 $0.00 50.00 30.00, $3,509.37 $0.00 $0.00 $0.00 $0.00 0.00 50 1 Field Work 1.D $0.00 30.00 3620.43 50.0D 50.00 $0.00 $0.00 60.00 60.00 $0.00 $0.00 50.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 .$0.00 50.00 50.00 50.00 $0,00 $0.00 S0.00 50.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 50.00 50.00 50.00 $0.00 $0.00 50.00 $D.oD $0.00 50.00 $0.00 $0.00 - -$0:00 --------$0:00 ; 0 OD 828243 This Event Template Totals Odalnsl Mauer iotgl Event Total: $0,51117.111 60.00 08,687,81 Subtotal (lees retainoge): $7,726.86 $0.00 $7,728.85 Retainage; 10% 5666.76 $0,00 S068.76 Thls Event invoice Totals (lees Retalnage, FDEP Share applied') ' Jnvolcg 01 let Event 0 7 Remedial Systeme Of Final Deliverable 0 6 Retalnegs Maisel camas Tptai 64,636.12 60.00 $4,630.12 50.00 10.00 $0.00 1464.63 10,00 $484,63 6068.10 10.00 3566.18 Event Template Total $5,581.94 $0.0D $5,681.94 'Coat Share Information: FDEP 85.00%, App./Own. 35.0D% Page 2 of 2 tit 1854: tat Event: 8/12/2000: 10:14 AM Florida Department of Env)ronmentet Protection-Dlvlaton of Waste Management -Bureau of Petroleum Storage Systems Work Order#: 2009-134/87217 Facility Id it 13/8732522 Contractor #: 00666 Date: 08/12/09 Petroleum Cleanup Preapproval Program Work Order Template Second Event FDEP/LP Site Mgr: Alejandro Vergare Site Name: Supreme Station Contractor Name: Cherokee Enterprises, Inc. FDEP Contract#: PAC288 Work Description: Sample 5 monttoring wells, advance 16 borings. Submit a SSAR. Original Template Comments / Notes Allowed Coat Number Item Cost of Items Cost Share information FDEP Share: 85.00% Applicant/Owner Share: 35.001 Total: 100.00% Change Change Change Costs Template Amount Total Cost Section A: Packaged Work Scopes 1 Pumping Test or Multi -phase Pilot Test (using in-house personnel) 2 Vapor Extraction or Air Seaming Pilot Teat (using in-house personnel) 3 Alr Sponging & Vapor Extraction Pilot Test (using in-house personnel) 4 Monthly O&M Visit s RAI Monthly O&M Allowance - Small System s RAI Monthly O&M Allowance- Medium System 0 RAPMonthlyO&M•Allowancn-LargeSystem a RAI Supplemental O&M Monthly Allowance - ThennoxfCetax Treatment Section IS: Office Activities, Part I 1 Proposal Preparation $538.08 $0.00 2 File Review $583.13 00.00 3 Permits $730.45 $0.00 4 Otte Health & Safety Plan 5341.70 $0.00 6 Notice of Discovery of Contamination Package (Initial or TPOC) 5270.59 $0.00 Section 8 Subtotals: 50.OQ $3,04B.BD $0.00 $2,055.32 $0.00 $3,197.27 $0.00 S851.42 50.00 $2,776.82 $0.00 $3,254.33 $0.00 $3,831.74 .. . . S0.0g 1475.03 80.00 Section A Subtotals: $0.00 Section C: Field Activltlee 1 Mobilization (2 persons) 2 Mabtfzation (1 person) a On7iing Setup (w/tsUiftyclearance) 4 SB for Soil Screening or Plazorneter Install (5 10 ft) 6 88 for Soil Screening or Plazometer Install (> 10 ft to 530 f1) e SR for Sall Screening or Piezameter Install (> 30 ft) 7 Well Metell (5 20 ft) • a Wall Install (> 20 ft to 5 40 fl) a Wait Install (> 40 R) 10 Well Install, double cased (5 40 ft) 11 Wellnsta5, multiple cased (> 4D ft) 12 Recovery Well Install (5 40 ft) 14 Recovery Well lnatall (> 40 ft) 14 Air Sparging Well Install (5 4010 16 Soil VE Well install (5 40 ft) 1e AS and/or Soil VE Well Install (> 40 ft) 17 Weller Piezometer Abandonment 1e Recovery or Multl-phaae Weil Abandonment 19 Well Sampling with Water Level 20 Water level or Free Product Gauging 21 Free Product Gauging & Balling (per well) 22 Area Survey 23 Whole Day Oversight (total days (to nearest 1/10th) x number of people] ._..__24_IOtABcwanm.(totai days to.tsaraat 1 10th),(no par diem.induded) 26 Par Dlem (total days x number of people) Section D: Other Field Work 1 Other Field Work 2 Other Field Work Section Er Other Equip. Rental Cost(e) 1 Oiler Equipment 2 Other Equipment $810.76 $453.05 $565.93 $236,85 $354.98 $473.31 $484.26 $726.39 $1,452.75 $968.52 L $363.20 $236.65 $815.85 $243.18 $241.75 $24.68 $116.13 5968.52 $504.26 $342.06 ffi11T.96 Section C Subtotals: 2.0 1.0 Section D Subtotals: Section E Subtotals: $810_76 $0.00 6585.93 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $D.00 60.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 51,208.75 $0.00 MOD $0.00 $1.798.59 $342.05 $4,718-06 50.00 $a.DD j $0.00 $0.00 11,02 60.00 $0.0D SD OD $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 80.00 S0.00 $0.00 $0.00 $0.00 MOO wes $0.00 5810.76 $0.00 $0.00 $0.00 0665.93 50.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 50.00 $0.00 50.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 50.00 $0.00 $0.00 ' $0.00 $0.00 $1.208.75 $0.00 $0.00 $0.00 $0.00 $0.0D $0.00 $0.00 $1.788.56 $0.00 $342.05 -$0.00- 0,00 $4,716.08 $0.00 $0.00 $0.00 $0.00 moo $0.00 $0.00 $0.00 50.00 $0.00 $0.0D. Template-101408 Page 1 of 2 ut 1859: 2nd Event: 8/12/2009: 10:14 AM Florida Department of Environmental Protection-Divislon of Waste Management -Bureau of Petroleum Storage Systems Petroleum Cleanup Preapproval Program Work Order Template Second Event Work Order #: 2009-13•W87217 Facility Id 0: 13/8732622 Site Name: Supreme Station Date: 08/12199 Original Change Template Commonte 1 Notos Allowed Coat Number hem Coat of Items Change Template Amount Change CostsTotal Cost Sectlon F: In-house Service Costal) 1 Laboratory 2 Drilling 3 Direct Push 4 Construction s 0ther Election Gc Subcontractor Goebel 1 Laboratory (from worksheet) 2 laboratory 3 Mobile Lab 4 DrEing 6 Direct -Push 6 Construction T Non -Capital Equip. and/or Materiels 6 Remedial Equip./System Leese 9 Disposal 10 Other Seconn G1: Remedial System Purchase 1 Remedial System Costs 2 PAC Remedial System Costa Suction H: Office Activities, Part 11 1 General/SA Report Field Wodc Casts (Sacs C 6 D) 2 Letter /NPDES Report a OW Ouortedy Report 4 06M Annual Report e Pilot Test Plan a Pllot Test Report 7 Level 1 LSRAP or RAP Modification e Level 2 LSRAP or RAP Modification 9 Level 3 LSRAP or RAP Modification. 10 Leval 4 LSRAP or RAP Modification 11 Leval 1 Remedial Action Plan 12 Level 2 Remedial Action Plan 13 Ae-built Drawings (P.E. red lined) 14 Construction Drawings end Specs 18 RAC Bid Package Solicitation/Evaluation 16 RA Startup Report 17 Soll Source Removal Report 1e Natural Attenuation Plan 19 Remedial Action Interim Report 2e General Remeriel Action Report 21 NA or Poet RA Monitoring Quarterly Report a2 NA or Post RA Monhodn9 Annual Report 23 Well Abandonment Report 24 Initial Map & Table Generation 2e Other Report Type (backup spreadsheet) Sob Markup= 10.0D% Genapure JAEE CBI Field Work x Multiplier $4.716.08 25% Deliverables Section F Subtotals: Un3Cst •Unto 313,799.95 $3,150.00. $435.00 Section G Subtotals: Remedial System subtotals: $1,179.02 $282,27 31,645.53 $3,036.45 $730.17 $1,275.27 $1,401.02 $2,742.89 $4,866.33 $8,036,42 $12,072.42 $16,076.85 $817.81 $3,398.01 $1,916.72 02,386.61 $1,768.90 $1.079.88 $630.10 51,079.88 $530.10 $1,324.39 $244.51 $1,863.05 Due Pato pelivereb)e / Documentation Interim Deliverable Final Deliverable Information (Specify only if selected for this event) Deliverable # 1 General / SA Report Deliverable Due 11/30/09 Period of Service to: 06/29/10 Cumulative Work Order Totals Nees Retainago, FOEP Share applied) Invoice Prevloug Tide Event I41s1 4/1-0 Events $4,639.12 $13,9413.11 $18,485.23 # 7 R4medlal Systems 1000 $0.00 $0,00 # 8 Final Deliverable $484.63 $689.73 $1,174.36 # 9 Retain $656.19 $1,826.20 $2,164.39 Work Order Total $6,881.84 ' $16,262,04 $21,543.98 Template-101408 1.0 $D.0D 50.00 50.00 $0.00 50,00 ;0.00 $15,179.95 $0.00 00.00 50.00 $3,465.00 50.00 $0.00 50.00 $478.50 $0.00 $11,123.46 $0.00 $0.00 $0.00 $1,170.02 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 50.00 20.00 MOO $0.00 50.00 60.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 60.00 60.00 50.00 S0,D0 --09ellarrii Subtotals:--.11,178.02 0o not Include markup Do not Include nwkop $0.00 50.00 $0.00 50.00 SOX $0.00 $0.0C 60.00 60.00 $0.00 )2 0.00 $0.00 615,179.95 50.00 $0.00 50.00 $0.00 50.00 50.00 $0.00 $2,465.00 $0.00 - 50:00 $0.00 $0.00 60.00 $0.00 $0.00 6470.50 50.00 $0.00 )0.00 119.123.46 $0,00 50.00 50.00 50.00 $UAO 6o.oD Field Work = $0.00 1.0 This Event Template Totals $0.00 51,179.02 $0.00 $0.00 50.00 $0.00 $0.00 50.00 $0.00 $0.00 50.00 $0.00 50.00 '$0.00 $0.00 $0.00 $0.00 $0.00 30.00 $0.00 30.00 50.00 30.00 50.00 50.00 $0.00 $0,00 $0,00 $0.00 50.00 -50.00 $0,00 $0.00 - $0.00 50.00 $0.00 $0.00 $0.00 50.00 60.00 '$0.00 50.00 $0.00 ' $0.00 50.00 S0.00 $0.00 50.00 $0.00 $0.00 AO__ _..,$1.179.02 Odelnal Chen05 Total Event Total: ;26,018,53 50.00 $26,016,63 Subtotal (less reGtnage): $22,618.69 $0.00 *22,616.86 Rotelnegs (1010): 62,601.86 $0.00 $2,601.86 Thle Event invoice Totals (less Retainage, FDEP Share applied) Invoice # 2 2nd Event 0 7 Remedial Systems # 6 Final Deliverable # 9 Retalesgs Orieinal Chance Leta) 813,946.11 50.00 $13,946.11 $0.00 $0,00 10.00 $689.73 10.00 $699.73 51,626.20 PLOD $1,626.20 Event Template Total $16,262.04 $0S0 116,282.04 'Cost Share Information: FDEP 8600%, AppJOwn. 36.00% Page 2 of 2 ut 1854: 2nd Event 8/12/2009: 10:14 AM 1 2 . 7 2 7 Preapproval Sampling Parameter Table • EVENT 1 Groundwater Semple Locations Number of Evante AnalyticetParameter's (enter number of eamoles for each molhod) BTEX • -MTBE EPA 80218 BTEX+ •MTBE EPA 6260E PAHe EPA 8270C PAHe EPA 8310 TRPHs FL -PRO Lead EPA 6010B VOAs & VOHo EPA 80218 VOA. 8 VOHs EPA 828D8 EDE EPA 604 EDE EPA 8011 Chapter 62.770 Table B 1 2 3 4 6 6 7 8 8 0 1 2 3 - 4 b Et Na.sampiae - 0 0 - .0 0 0- 0 0 0 0 0 0 Cost par Sample 460.87 .680.67 6128.89 6128.89 496.05 61616 - 3128.69 6128.89 650.55 S55.61 1374.07 50=00 _. Subtotal $0,00 00.00 10.00 40.00 80=00 -60.83 $560 •..- 30.00 50:00 30.03 50.00 Sell lAlr Semple Locations Number of Evenly BTEX. MTBE EPA 80218 BTEX+ MTBE EPA 8280E PAHe EPA 8270C PAHe EPA 8310 TRPHe FL -PRO VOHs EPA 80218 VOHO EPA 82808 As, Cd, Cr, Pb EPA 60108 BPLP Extraction EPA 1312 Modified EPA 18 EPA TOa P No. &emotes 0 0- 0 0 0 0 0 0 r 0 0 0 Cost per Sample 567.23 667.23 6136.49 S138.49 $88.58 58089 580.69 S70.75 6101.10 $126.37 S126.37 50.00 Subtnt4! ciao ,, 00•00 80.00 60.00 50.00 40.06 S600 MIX) S0.00 80.00 50.00 Event 1 Total Lab Cost 50.00 EVENT 2 Groundwater Semple Locations Number of Events Analytical Parameters (timer number of samples to eons method) BTEX+ MTBE EPA 80218 BTEX + MTBE EPA 8280B PAHe EPA 8270C PAHe EPA 8310 TRPH, FL -PRO Lead EPA 80108 VOAs6 - VOHs EPA 80218 VOA,6 VOH, EPA 8280B E08 EPA 504 E0B EPA 5011 Chapter 62.770 Table C 1 MW norin OOMW-18 - 1 1 1 1 2 MW mM of MW-18 t 1 1 1 a raw nottnweet al MW.11 R 1 f 1 1 1 4� M In ranter or toner 1 1 --MW yW-141111 t i 1 1 6 75 -I B o 1 2 3 4 5 We. Samples 4 0 4 0 1 4 0 0 0 U t Coot per Sample 580.87 660.67 0128.89 6128.86 896.05 515.18 1 S121189 1125.09 650.65 855.61 S672.33 Subtotal,..._ 61,587.26 8242.88 $0.00 1516.5E 80.00. 696.05 860.64 �., $0.00 60.00 80.00 10.00 S672.33 Soli Mir Sample Locations Number of Events BTE%• MTBE EPA 80218 BTE%• MTBE EPA 8280B PAHe EPA 8270C PAHs EPA a310 TRPHs FL -PRO VO111 EPA 80218 VOHe EPA 8290E Pb EPA 60108 As, CA, Cr via EPA 80108 Modi0od EPA 18 EPA T0.3 9 Sd along POMP nun 1 9 8 9 9 ! 6 SB M4hAA former excavation 1 25 25 25 25 1 88 atMW-BR-locellon t 2 2 2 2 6B el MW-1R location 1 2 2 2 2 No. Samples 38 0 36 0 38 0 0 38 1 0 0 Cost per8amp4e - - 487.23 607.23 S136.49 0138.49 2E8.68 480.85 1380.69 S17.89 653.07 1126.37 5128.37 Subtotal 12,654.74 10.00 85,186.62 50.00 53,746.04 S0.00 80.00 1672.22 463.07 . 10.00 S0.00 Event 2 Total Lab Coat Template-101 408 WO TOTAL LAB COST Page 1 of 3 13,799.95 ut 1854: Lab Sum: 8/1212009: 10:14 AM FDEP - Bureau of Petroleum Storage Systems - Petroleum Cleanup Preapproval Program CONTRACTOR RELEASE OF CLAIM This Release of Claim must be completed,signed by the Prime Preapproval Contractor ("Contractor") and submitted with the final invoice for each Petroleum Cleanup Preapproval Program work order. The signature of the contractor representative shall be notarized as set forth below. invoices for final payment will not be processed until this form is accepted by the Florida Department of Environmental Protection ("Department"). am the/a 0 (Contractor Representalna) Clio) of Cherokee Enterprises, Inc. (Name of Contractor) 1. That Cherokee Enterprises, Inc. (Name of Contractor) to perform certain work under work order number and hereby acknowledge: entered into an agreement with the Department 2009-13-W8721 7 at the following real properly: (work order number) Facility Name: Supreme Station FDEP Facility No.: 13/6732522 Facility Address: 6200 NW 17 Ave City: Miami County: Miami -Dade Property Owner(s) Name(s): 0 2. That the Contractor has completed the work In accordance with the aforementioned work order. 3. That all subcontractors and vendors have been paid for all of their costs included in all previous invoices submitted for this work order in proportion to the amount approved for payment by the Department, that prompt payment to all subcontractors and vendors for all of their costs Included and approved in this final invoice is required within 7 working days from the date of receipt of payment from the Department pursuant subsections 267.0585(1) and 375.30711(5), F.S., (see Chapter 2008-127, L.O.F.) and that the provisions of subsection 287.0585(2), F.S., pertaining to payment agreements between the Contractor and subcontractors and vendors do not apply, 4. The FDEP is not responslble for ensuring that the Contractor provides payment to all subcontractors and vendors and that subsection 287.0585(1), F.S., authorizes the Department of Legal Affairs (DLA) in the Attorney General's Office to provide legal assistance to subcontractors and vendors In proceedings brought against contractors for non-compliance with the prompt payment provisions of that section, as well as the payment of penalties and restitution for attorney's fees and related expenses of the aggrieved party or the DLA. 5. That receipt by the Contractor of the final payment under the aforementioned work order shall constitute a full release and discharge by the Contractor to the property owner of any and all claims of the Contractor against the property owner, arising out of, connected with, or resulting from, performance of the obligations of the Contractor and any subcontractors and vendors pursuant to the work order. The Contractor shall certify such release of claim to the property owner, in writing, upon request by the property owner. 6. That upon receipt by the Contractor of the final payment under the aforementioned work order, the Contractor releases the Department from any and all claims of the Contractor and indemnifies the Department against any claims from subcontractors and vendors that may arise under, or by virtue of, the work order. 7- That the person appearing -is aurnorized-to-nnakethe-statements-setforth-In-this release-of.clalm._____. (Signature of Authorized Contractor Representative) ,,,,,_,,,,,,,,,,,,,,,,,, Notarization of Signature of Contractor (required) •State of County/Parish of The foregoing instrument was acknowledged before me by this day of , 20 (SEAL) (Notary Signature) (Name of Person Arknowletlghg) My Commission Expires : Notary Public, State of : Commission Number (If appl.) : 7emplate•1014oa u11e54: Release of Claim: 8/1212003: 10-.14 AM Flontle Department of Enveonmenlel Prolec8on-Division cr Waoic Manager.nl-9ureeu of PotrOWum Storage Systems Petroleum Cleanup Preapproval Program Services Change Order & Invoice Work Order • FAC.ID 8 FDEP Contract Contractor 4 Invoice 4 Invoice Date Cost Centers 2009-13-W87217 13/8732522 PAC266 - 00556 • 00000 01/00/00 37450404555 Supreme Station 01100/00 to 05/29/10 • 01100100 104132 FY04.10 Facility Name Period of Service (Po5) PoS Extended to Category/EYED Miami, Miaml-Dade 0 City and County Date(s) Contractor Rendered Services Vendor Remit Payment To: 0 Bill To: Florida Dept. of Environmental Protection 0 Bureau of Petroleum Storage Systems RECEIVED 0 2500 Blair Stone Road, M.S. 4575 0 8 0 Tallahassee, Florida 32398.2400 SEP ZQQg FEID # : 00000000000 DERM Agent: • i i . -0 Atin:rePSSAccounting Airports -&-Contracts section Telephone : FDEP/LP Received Date Stamp 8 9 (1) (2) (3) (4) (5) (6) (7) Invoicing Point Original Amount Change New Total Previously Due This Balance (y(p/-) Amount Invoiced Invoice 1 1st Event $4,539.12 $0.00 $4,539.12 $0.00 $0.00 $4,539.12 2 I. I 2nd Event $13,946.11 $0.00 $13,946.11 $0.00 $0.00 $13,946.11 3 1 J 3rd Event $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 [ 1 4th Event $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5 1 I 5th Event $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 6 6th Event $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 7 E 1 Remedial Systems $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Final Deliverable $1,174.36 $0.00 $1,174.36 $0.00 $0.00 $1,174.35 Retainage $2,184.39 • $0.00 $2,184.39 $0.00 $0.00 $2,184.39 Total $21,843.98 00.00 021,843.98 $0.00 $0.00 $21,843.98 Signature by authorized contractor representative affirms that this invoice is submitted in accordance with the Work Order Terms & Conditions and certifies any STOP CLOCK #1 Date: change request. Reason: 0 - ---Contractor-Representativesignature.., Print Name RESTART CLOCK #1 Date: FDEPILP Use Only. Manual Invoice Corrections (if necessary( STOP CLOCK #2 Date: ~ Manual Corrections Made By (print name) : Reason: Approved By (print contractor rep. name) : Date Approved : Approval Method {circle one) : phone fax email other RESTART CLOCK #2 Date: FDEP/LP Use only: Performance Certified Satisfactory: Date Complete Invoice Received : Slie Manager Signature Date Date Services Rendered : FDEP Manager Signature Dote Date Services Approved : Cost Censer Administrator Signature Oslo Final Invoice: YES NO Finance &Accounting Received Date Template-101408 Page 1 of 1 200e-13•We7217: Invoice: e/19r2000:11:10 AM Attachment B Regulatory Agency and CEI Correspondence Amanuel Worku From: James, Harry [hjames@miamigov.com] Sent: Monday, December 06, 2010 3:25 PM To: aw@cherokeecorp.com Subject: FW: Status Regarding DEP Agreement No. PAC266 Amanuel, Lct's use this e-mail below as our cross reference and hope that the amount of funding allocated still remains ($ ].93,101.36). Harry James City of Miami Environmental Compliance Specialist (305) 416-1468 hiames@miamigov.com From: Bland, Mike fmailto:Mike.BlandCo�dep.state.fl.us1 Sent: Wednesday, October 07, 2009 4:22 PM To: James, Harry Subject: RE: Status Regarding DEP Agreement No. PAC266 Sorry it took so long to get back to you. For the former Shamrock Station we have spent $50,258.64 toward the PAC Agreement ceiling amount and have $193,101.36 remaining. For the former Star Station we have spent $65,901.34 toward the PAC Agreement ceiling amount and have $93,998.6 remaining. If you have any other questions feel free to call me or e-mail me. —tVtichae!-J—Bland P,G.-Administrator- Florida Department of Environmental Protection Division of Waste Management Bureau of Petroleum Storage Systems Petroleum Cleanup Section 4 2600 Blair Stone Road, MS 4580 Tallahassee, Florida 32399-2400 Phone (850) 245-8912 Fax (850) 245-8915 From: James, Harry fmailto:hiamesCahmiamiaov.com1 Sent: Thursday, October 01, 2009 8:58 AM To: Bland, Mike Subject: RE: Status Regarding DEP Agreement No. PAC266 Good Morning Mr. Bland. 1 .1 usl wanted to send a reminder regarding the remainder of PAC costs if you don't mind for the Fortner Shamrock Station and the Former Star Station in Miami. Thanks, From: Bland, Mike jmailto:Mike.BlandCtdeo.state.fl.usj Sent: Wednesday, September 30, 2009 9:42 AM To: James, Harry Subject: RE: Status Regarding DEP Agreement No. PAC266 Please disregard my last e-mail, it was meant for another party. To answer your question, we can extend the term of the PAC Agreements an additional 12 months. I usually send out the amendments a few weeks before the Agreements are set to expire. In your case I would send the amendments out around the last week in April. I hope this answers your question. Michael J. Bland, P.G. Administrator Florida Department of Environmental Protection Division of Waste Management Bureau of Petroleum Storage Systems Petroleum Cleanup Section 4 2600 Blair Stone Road, MS 4580 Tallahassee, Florida 32399-2400 Phone (850) 245-8912 Fax (850) 245-8915 The Department of Environmental Protection values your feedback as a customer. DEP Secretary Michael W. Sole is committed to continuously assessing and improving the level and quality of services provided to you. Please take a few minutes to comment on the quality of service you received. Simply click on this link to the DEP Customer Survey. Thank you in advance for completing the survey. From: James, Harry fmailto:hjamesOa miamigov.com 1 Sent: Wednesday, September 30, 2009 9:06 AM To: Bland, Mike Cc: Hall, Glendon; Hudson, Iris Subject: Status Regarding DEP Agreement No. PAC266 Good morning Mr. Bland, As a follow up to my voice mail message; I am an environmental specialist with the City of Miami, and we have assisted the Libeity City Trust with the managementoftheirEPA-cleanup-grants-and-the-assessment-at-FDEP-Facility I.D.----- --- #138732522; former JG Shamrock/Supreme Service Station facility at 6200 NW 17 Avenue in Miami, Fl. The City of Miami is pursuing Cleanup Grant Funding for this facility from the EPA for an amount of the maximum allowed per site - $200,000. The PAC agreement for this facility expires in March 2010. Along with this facility, two other PAC agreement sites are also set to expire in March 2010 (Facilities — Gipson Gas Station ID# 139101074 and Star Gas Station ID# 138506094). To date, we have obtained No Further Action at the former Gipson Station; and we have recently concluded remediation at the former Star Station for preparation of one year monitoring. The sampling results of contamination present at FDEP Facility I.D. #138732522; former JG Shatn•ock/Supreme Service Station has confirmed off -site migration in groundwater. That is a major concern due to the location of single family homes adjacent to this facility. We would like to take mitigation measures that are in the best interest of the community to the full extent possible. With the assistance of the State, we would have the best chance of cleaning up this property entirely within the next couple of years. We would like to request FDEP's decision of the availability of PAC funds beyond March 2010 for the fonnerJG Shamrock/Supreme Service Station FDEP Facility I.D. W138732522 as a 2 leveraging source to possible EPA funds available by December or January. Your outlook for 2010 would be greatly appreciated in regards to this facility. Thank You. Harry James City of Miami Environmental Compliance Specialist (305) 416-1468 hiamesPmiamigov.com 3 MIAMEhDADE Carlos Alvarez, Mayor January 5, 2009 CERTIFIED MAIL NO. 7007 1490 0003 8081 0358 . RETURN RECEIPT REQUESTED Mr. Pedro G. Hernandez, City Manager City_of_Miami 3500 Pan American Drive Miami, FL 33133 Environmental Resources Management Pollution Control Division 701 NW 1st Court • 4th Floor Miami, Florida 33136-3912 T 305.372-6700 F 305-372-6729 miamidade.gov Re: Site Assessment Report (SAR) dated November 28, 2008, and prepared by CEI for the discharge discovered on March 13, 1967, for the former Supreme Station facility (UT-1854/File- 8173/DEP-136732522fW,0.#.2008-13-W69532) located at, near, or in the vicinity of 6200 NW 17 Ave, Miami, Miami -Dade County, Florida, Dear Mr: Hemandez: Thee Department of Environmental Resources Management (DERM) has reviewed the above - referenced document received on December 1, 2008. The report does not constitute an approvable SAR as stipulated in Rule 62-770.600, Florida Administrative Code (FAC). The following comments shall be addressed: 1. Groundwater sampling at the site revealed the presence of VOA, PAH, TRPH, and Lead above the cleanup target levels (CTLs) referenced in Chapter 62-777, F.A.C. Therefore, the contamination plume shall be delineated to the north of MVV-15 and MW-16 for VOA, PAH, and Lead and also to the northwest of MW-11R for VOA, PAH, TRPH, and Lead. 2. An additional shallow monitoring .well: shall be advanced in the center of the former excavation. Groundwater samples shall be collected and analyzed for parameters listed in Table C of Chapter 82-770, FAC. Depending upon the results, additional assessment may be required. 3. Monitoring well MW-14DR shall be resampled for VOA, PAH and Lead, Depending upon the results,additional delineation may be required. 4. Submit information on the former dispensers and piping associated with the former underground storage_tanks_(e.g.,_location,_lepth,_and-extent)_and_cfepict these_forrrmer structures on a scaled site reap. Provide information on whether the piping was removed or abandoned in place, Based on this information, soil assessment shall be conducted in the vicinity of each potential source area (i.e., product piping and dispenser islands). Advance a representative number of soil borings along the piping run and at the dispenser islands. Install a soli boring for every 20 feet of product piping, not more than 5 feet away from the lines, if abandoned In place. The spacing of the borings shall be adjusted based on any evidence of contamination and the location of potential sources of leaks (e.g., elbows, connections, etc.). Soils shall be collected in two -foot intervals until one foot above the Mr. Hernandez UT-1854/File-8173/DE P-138732522 January 5, 2009 Page 2 of 2 groundwater table and analyzed With an OVA. Analyze the interval with the highest OVA or exhibiting visual staining for VOA, PAH, TRPH (FL -PRO method), and Lead. If no positive measurements are obtained and there is no visual staining, collect a sample from the location corresponding to one foot below the depth of the piping/dispensers for analysis of the parameters above. Depending upon the results, additional assessment may be required. 5. A representative number of soil borings shaif be advanced within the former tank excavation. Soil samples shall be collected in two -foot intervals until one foot above the watertable•and-each-interval-shall.be•analyzed"for•VOA;PAHJRPH-and -Lead:in-addition, one soli boring, the location of which shall coincide with the location of the monitoring well required in in the Item .2 above, shall also be analyzed for Arsenic, Cadmium, and Chromium. Depending upon the results, additional sot assessment may be required. Be advised that the vertical and horizontal extent of the contaminant plume(s) shall be fully delineated. DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples shall perform field sampling work in accordance with the Standard Operating Procedures provided in Chapter 62-16D, Florida Administrative Code (FAG), as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant. to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from the DERM split sample analysis, a complete resampting using two independent certified laboratories wilt be required. Beth Baughman of DERM shall be notified in writing a minimum of three (3) working days prior to the implementation of any, sampling or field activities. Email notifications shall be directed to DERM_PCD@miamidade,gov. Please include the DERM file number on all correspondence. An addendum to the SAR is required, therefore, upon receipt of this letter contact the Preapproval site manager, Alejandro Vergara, at 305.372-6700 to discuss the next scope of work and agree on a date to submit a proposal Be advised that pursuant to Petroleum Cleanup Program Preapproval Procedures, the invoice for the tasks completed under the referenced work order must be received by 60 days from the date of this letter. When an invoice is submitted, please remember to request the changes based on verbal authorizations and/or needed reductions. If you have any questions concerning the above, please contact Serge V. Beregovoy (beregs@maimidade.gov) of the Environmental Assessment Section at (305) 372-6700. Srncerely, Wilbur Mayorga, P.E., Chief Pollution Control Division SVB pc: Grace Rivera - FDEP Julie Balogh— DERM Amanuel Worku, P.E. — CEI, 14474 Commerce Way, Miami Lakes, Florida 33016 Page 1 of 1 Adam From: Vergara; Alejandro (DERM) (VergaA@mlamidade,gov] Sent: Friday, February 27, 2009 11:22 AM To: asw@cherokeecorp.com; aw@cherokeecorp.com Subject: FAC#8732522 Adam and Amanuel, Good morning. Pursuant to the DERM correspondence dated 1-5-09, please submit a proposal for the subject site by 3-13-09. I have looked through the scanned documents for this site but was unable to find anything related to the requirement of comment #4, I would suggest that you look through the DERM microfilm, you may #ind•somethingthere. The-city.mayalso-have old'plans. Alejandro Vergara, ERPS Miami -Dade County DERM Preapproval Program 305-372-6447 3/5/2009 M c..11 A ts1.1) John C. Farina. head Compliance Section Martell .$11., • lindetKronnd ..PthIt ' o2ol).1wr Aiblitte. • At shout 12130 p.m.. o Murch•,12, 11/87, 1.110.Postor Dev13 1401410V.,..'4AP: inspector visited the ohove stIO.;,Ofter ft tenor( of glisoltue iNik1411::POPI";-V.1 old underground tank that Wks uiag 1-:•91r}vedt At tile time of our arrival photon Were token and .the fellowing fcnat3, oelleeted: Wall repeated at least' once to control, fgnatte., „ • •:•.' 5. At the time of our artittrol there was ,no,41qui4 .tlie_ex.Casti.in,, No liquid was looking. fi:om tonict:i1( and no' sam.p.lea , ed. • • . 6. Aceondirig to Miran./ Firc .Inapector permit (Notsliter .8.714.41): frost the •Mtliinkind Deportment for ttle. datti011tIon of 'inn inspeetor Willard. sayp' ti'llitrol....:Pire:-Y.MW'AlAzin,e0tlit0.q.i/J•.:.. • ormit for unclargtrOilriet:,'thnli. Sonzo- Sold ffie., bid -otit'..ffie: op tills jO•h- Ond: underground Unite her.o;• 'Out have • arkiergrourid tanks frOlit, the .lonetien and e'l,100::;i4iidit.g,•••::-.0.6..;01.3):...... »ere. Mr. sango said tbage out cif the ruptirred Attila, was Mostly •wjtc . . gottoli no itailli tanhitt •tIt I. NoighborR called in a ocisWiiin t (to. •MiaMi , -Km '.11epar tat ti.t4).1,.iltOtirrf; . theta woo o strong. -Pdor- :of gosoltrAo Ilt is 4310...0,.1.1a!e.rOor,si.,:',:$,r.tai• at 1760 NW 02. Terrace: 2, When the Miami Eire Department arrived cm the ...41to .00.1--10t . ,.....1.0. XI. &utile B•rothera Inc. '(-9tiii;16 Santa' - • crow. istiPtir). in*IV.a.o. it* /431'00111g an undprgxmod gasoline te.11)c - 'see • pftie:tpti, . . . , l.' 4.;:iaeif,,,;0*.S'alt • ., .,.:. ., .. ......:. • 3. This tank liPPArniitly...1m. punet)trPt.t..V4110 110.n.t'•'. t9111.0.k.q.:?. , ... ••. liquid pourec'. from tne.t.tank*intO the 4#41(.4titin. igt: Iiitt the iquid was Mostly water with cit6t. 4. Lt. Lando of Itogine 12C •ordered it feast. layer rpol.;•:.sletst...16.ventt.W. broken end of the: tank and the aseaVntien-itaelf,.• . this Pre:664..i.4.' „ • . , .„•• • .. 7. Alt. Jose Juane arrived on site laid .said when structure demolition, tite$, did not know theie • iffiSe'; • undwgi'ound tanks .oreserit , 11. Inspector Willard said the Miami' Pyre Department knew there lyere underground tanks hone and that monitor walls were put in..:abiu t 2 months ago. T'1ORe wells did not reveal an .gait.line.10 (J ground and ❑ ropronotttetive of PERM was present- at ih4t::':;ial.4.:. These wells were installed because the •property was fbr.,s tc: and a perspective buyer wanted to be pure tlioro Caere tto prnpiGfn.6>. According to inspector Willard there was a gee station on. thts site fOr: ¢bo5;<t 99 yonru. The station closed about 1981 and, was celled tits Supreme. Service illation. 9. 111r. Jose Juelle sold he called Piece to came to .this rytto .ttnd• d4' any required clenn-up anti to remove nny other urtdergtpu7id gasoline tanks. Lt. Willard said Juelle Brothers Would., trot •bu, allowed to do .any of this work and he would remain onsite until: Piero showed up. 19. Ott site ware the following individuals; Mr. Jose Juelle - Joao Brothers Inc. tir. Guido Sanzege.. - Juelle Brothers Int. Lt. Landa - Engine 12C Miami Vine Deportment Fire Inspeotor IVillerd - Miami Fire nepartrnent Representative of When inspector liimmny and this inspector left the loeatibn Pion had net yet arrived but inspector Willard retrained on site. Lt, 1'iundu mid .> ttglt n. 12C were In the protons of:, gathering up lhoir equipment end wore .planning to leave. hie further gasoline/water looked from the rupturad t-enk awing the time we were on the preminos, 1JA/Jrh CO MW MW-11R C. SLAB ; \\ AXCLtPb 17 Mvv " ��.\'vo.,no�\\ •h'iW 8RR MVY-10 s KA:aA`gYf e : SB-7 MW9R SB•61MW19 NW 62 ST. LEGEND NW 17 AVE. T. f�1p�l Mu) I SE G,a�QoSrc E44:rv, (7) (ir0^3 l ex(,„„IJa,. CA* •n. rJ NW 62 TERR. V MARTIN LUTHER KING BLVD. 25' 0 25' 50' SCALE' 1".e 50 FEET FORMER SHAMROCK SUPREME SERVICE STATION 6200 NW 17TH AVENUE, MIAMI, FLORIDA 33147 TEMPLATE SITE ASSESSMENT REPORT SOIL SAMPLING LOCATIONS C I. CHEROKEE ENTERPRISES. INC. Enghe , k Ceninelen FIGURE 5 EXHIBIT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CONTRACTOR DESIGNATION Alffialor c\ltA9,0 Fonda Department of Environmental Protection Boh Martinez Center 260D Blair Stone Roatl Taliuhasse_, Fond:. 32399-24OD Charlie Criss Governor Jcf1.ottkamp Le. Governor Miehacl W. Sole Secretary Bureau of Petroleum Storage Systems - Petroleum Cleanup Preapproval Program CONTRACTOR DESiGNATION FORM & REAL PRDP=_RTY OWNER/RESPONSIBLE PARTY AFFIDAVIT • This Contractor Designation supersedes all previous designations for this site made by the Real PropertyD.wneror„Responstbte•Partywhose signature eeppears.below. . -Please-read eta seentireefante-page form-carefully.eetd.c•omplete.eJl:a.pplicable.p_orSio.ns,..i.t.c.Dntains important information regarding the cleanup of your site. • Please Print or Type ail required.informatlon (except for the signature block in Part£). . This request will not be processed without the metaled DwneriRP•Affidavit in Part 6. ▪ If you prefer not to designate a specific contractor, you -may request .that the' Department select the cleanup contractor in Pat of this -form. 1. The Florida Department of Environmental Protection (Department) is required by statute to preepprove the scope of wort: and cost for the cleanup of a petroleum contaminated site instate funds wit) be used to pay for that cleanup [Section 376.80711(1)(b), Florida Statutes (F.S.)). 2. The current Real Property Owner or Responsible Party for the cleanup must use this form to designate a contractor that meets certain criteria (Sections 376.30711(2)(b)-(c), F.S.) for the Department to work with on their site. in addition. if the .Department .should coordinate Its actions with your representative. you can use this form to designate such an alternative contact, 3. If the current Real Property Owner is not the person responsible for completing the cleanup, then the Responsible Party should complete .this form and submit it along with -a copy of the legal agreement between them and the current Real Property Dwner that details their cleanup responsibility. Responsible party agreements with former Real Property Owners will not be accepted withoute signedIetter from the current Real Properly Owner which indicates that they either concur with the responsible.party agreement or do not object to the Responsible Party (Identified in Part 3 of this forrn) selecting the contractor. 4. Please fill out this form completely and carefully. The form will be rejected if there.is any omission, error or correction_jincludirtg.while-cut") in any of the required information, including the notary portion of the term, This will delay the cleanup of your site. 5. The current Rea; Property Owner or Responsible Party may designate.a contractor or request.a.change to a new -contractor at any time by submitting a completed Contractor Designation Forrn (CDF). However.,.changes in contractor designation are limited to no more than two j2) in any 12-month period. Changes in contractor d esignation m ay a iso c reale.2 • d slay 1 n t he c leanup of y our s Ile. A !so, t he current Real Property Dwner or Responsible Party will be liable for payment for any work Thal the new contractor must perform in order to assume the site cleanup it fhe Department previously paid for such work. If a new contractor is designated, then anywork inprogresswill be completed by the contractor -to whom the work was awarded,ihrouoh the end of the current Work Order unless that contractor is being replaced for documented poor performance or it voluntarily agrees (in -writing) to f orgo the remaining work. A new designation does not take effect until the completed CDF is accepted and approved by the Department BUREAU OF PETROLEUtt BYSTMS c.oVarao5v2DD7 PETROLEUM CLEANUP SECTION ONE "Marc Protection, Less Process" 31n1,x%dcpsrore.17. usiinnrrefcaregoricsincn/default. him Page 1 of 4 Bureau of Petroleum Storage Systems - Petroleum Cleanup Preapprnvai Program, CO JTRACTORDESIGNATIDN FORM '& REAL PROPERTY OWNER/RESPONSIBLE PARTY AFFIDAVIT E. Designating a contractor means that•you-are responsible_ for Its actions. Pursuant to Section 2.h..of trie Petroleum Cleanup Preapprnvai Proprarn work order issued by the Department; your contractor is required to pay all subcontractors and vendors within 7 days of receipt of payment from the Department that includes their costs for non -final invoices and prior to submittal of the final invoice for. each work order .(unless there is a written agreement between the contractor .and .subcontractortvendor to the contrary). To protect their financial interests., subcontractors and vendors may filea tien against your property that can °be.exercisedrin the eventt he o ontractor d aes not p ey t hem i n r ull. Accordingly, you should take steps lo insure that your contractor pays .all .of Its subcontractors and vendors. F urihermore, i1 is a dvised that you request that your contractor demonstrate thal They are financially solvent and that they have an acceptable performance record with' respect to successful completion of cleanup projects and payments 10 subcontractors and vendors. 7. Pursuant to Florida Law, I/ is unlawful for .elite owner or-.operatar, .or:his or.her..designee, to receive:any -remuneration.,jn..oastl. orjr_ond._directlf'yor indirectly, from a rehabiliraiion:contractor perfornring site cleanup activities...' under the. preapproval.program Secfion 376:307`75)"RS:)'`tt`is~also•trnlawfuilor-any.contracior•to offer any remuneration in cash.or in land, either directly.or indirectly, 'to a.site owner, operator or their designee. This prohibition ;includes payment .of any program deductible by a contractor. See -Section 7.13 of the BPSS Standard Operating Procedures Manual. B. Please retum the form with original signatures (copies cannolrbe accepted)fo:Petroleum :Cleanup Section One, Mail .Station 454D, in the Bureau of Petroleum Storage Systems atthe Ietterhead:address. I f,you choose not to designate -a cleanup contractor, you may ask the .Department to select one for you in Part 4.e. below. If you have any questions, please call Leila Shuffler at (850) 245-8039. Thank you for your cooperation. Part 1. FDEP Facility Name andJdentification t (required): a. Name of Facility/Site: Shamrock / Supreme Service Station b. FDEP Facility Identification ri: 138732522 Part 2. Real Property tdentffieation and Current Dwnership Verification {requires(): This information must match that listed in the applicable County Property Appraiser's Office. While the real property owner listed here may be the same as that listed in Part 3, the: actual designation of the cleanup oonfracior occurs only by the entity Listed in Paris 3 and -6 of this form. a. Real Property Street Address of Record: -E200 NW 17ei Avenue. Miami. Floride 3315D b. Parcel t or Property Identification 44 of Record: 01-3115-DD5-S291 t� attach ie Ible co LIBERTY CiTY PB 7-79 LOT 21 & c. -Property-Description-of �------_�.------------- LOTS 22 &.23 LESS•.EIDFT & LOT 24 LESS SIO f' OF LOTS 23;& 24 FOR:RfW BLK 12 LOT SIZE 1392A SO FT OR 22744-3044 1004 3 d. Name of •Current Real Property Owner(s) of Record: City of Miami it ss.etsManagement e. If There is Any Reason Why the Property Appraiser's Records May Not Be Accurate, Provide an Explanation and Attach Documentation: MCT.dor "Morc Protection, Less Process" 1+4141', dcp..state. l7. u.slwaste/oairiories/pcp/defardt.htnr Page 2 of 4 EM6 Tait Vitt P_=TROLEutt CI..:AMIF SECTO1P Or:c Bureau ofPetroleurn.Storage Systems-Fetroleum.Cleanup :Preapprovei.-Progrem CDNTRACTORDESICNATlON FORM REAL.PRDPERTY OWNER/RESPDNSIBLE:PARTY. AFFIDAVIT Pad 3. EntityDesignating the Preapproval Prograni'Cieantlp Contractor(required): a Name of the Entlty.Desionating the Preapproval Cleanup Contractor (if 'business, include nametlitle of representative):ModelLfty..Sommunity Revitalization:District-Trust b. (Check: Dne): Current Real Property Owner Dr > Responsible Party c. Mailing Address and Telephone # of the Entity Designating the Contractor: 4600 NW 121h Avenue, Miami. Florida 33142 Phone t305) 635-2301 Part-4. Preapproval.Program.Cleanup ContractorDesignation:(regtiired): Please"Vheok one-ofelhe-opfions-below: •You-marrequesiethat•the-Department-•selectanE-cleanup-contractor (State) or you may designate a specific cleanup contractor (Owner/RP). Complete section a through d below only If Owner/RP-designaled,contraotor. (Check: One) State Designated Contractor Or X Owner/RP Designated Contractor a. Designated Contractor Name: Cherokee:Enterprises. inc. b. Designated Contractor Mailing Address: 14474 Commerce Wav, Miami Lakes. Florida 3301 ii c. Contact Person for Designated Contractor: Gabino Cuevas, P.E. d. Telephoner for Contact -Person: (305) EZ -3353 e. EL -Mail address for Contact Person: ocrecherokeecorn.com Part 5, Alternate Contact Designation for Current Real Property Owner or Responsible Party (optional): USE'. this section to designate an alternative point of contact to act.on behalf of the entity named in Part 3.e. This person will serve as your representative regarding the cleanup of this site and receive all further notices on your behalf. Do not list the oontacl..person for the contractor. If you. do not wish to designate an alternate point of contact, then.leave this pars blank. a. Alternate Contact Name: b. Alternate Contact Address and Telephone Phone ( c. Relationship of Alternate Contact to Current Real Property Owner Dr Responsible Party: Part E. Real Property Owner/Responsible Party Affidavit (required) This affidavit must be completed and signed by the current real property owner or responsible party in the presenoe of a notary public when designating a contractor for the Petroleum Cleanup Preapproval Program. The signature or the current real property owner or responsible party shall be notarized as set forth below. No work will be authorized on your site until this form is accepted by the Department. By signing below you are certiryino That you have read and .understand all of the information on all four pages of this form and that all of the information listed above is true and correct to the best of your knowledge, The name in Part 6.a. must match that listed in Part 3.E, MC7.doc "More Protection, Less Process" lm 'w.rien. state. /l. vs»vaste/careznries/pen /default.arm Page 3 of 4 CDf4 davie013107 Bureau of Petroleum Storage Systems -•Petroieurn.Cisanup-Prsapprovai Program ..CONTRACTOR.DES IONATION FDRM &.REAL PROPERTY OWNER/RESPONSIBLE ?AR Y AFFIDAVIT a. 1, ELAINE f! . B.LA2f: am the PRE5I..DENT/ CE.D of (name .of person appearing) (title of person appearing) LIBERTY CT^_'1' TRUST r/k/n/a MODEL CITE' COMMUNITY ant hereby certify: {name ofi,MaliNresponsible partylisied in Part 3:a.) b. Thai the Contractor Designated in Part 4 of this form is authorized to .perform wort: in the Petroleum Cleanup Preapproval Program on the real property identified. in Parts 1 and 2 of this form. c. That the contractor has not offered any remuneration in cash or in kind directly or indirectly -in exchange for designating 4her. •as-myconiraotor. ri, T--hat t -have--not-solicited-or-acaepied •remuneration .in=cash...a-in.kind..directtyc.nr ..indirectly_from .the contractor in exchange -for designatinolhem as my contactor. e. That i acknowledge that soliciting or accepting remuneration in cash or in kind directly or indirectly in exchange for designation of a contractor is prohibited pursuant to Section 376.30711(6), P.S., and may result the loss ofeiigibilitvforStatefunded petroleum -contamination cieanup:assistance•at this site. f. That the person appearing is.euthorized io make 1ne.statements set forth in this affidavit, (Signature of the`Dwrier, RP or authorized representative listed.above) Notarization of Signature of Real Property Owner or Responsible Party (required) ------ Stale of PLOP.IDA County/Parish of DADE Swom to and subscribed before me by EL A Ita0 H . BLACK Personally known { q Produced ldenllGceGon ( ) l�Gr�L-AAA Type of ID: Inotaryes signature) Notary Public, Staleof •PLOPTDF MC7:de: this ° day of MAR CA 20 07, (Il produced Idenllri atIon))) J �f My Commission.Fxpires/ / / Commission Number (II applicable) Z) 2b ' 2 !9' • 181s M. HUDSO1 r rJpMMISSIDN l DD2 91J9 EXPIRES: July11, 2007 rNirtl.i.irhwxmmmrxe "Marc Protection, Less Process" mow dcp.statc.fl.trrivaste carczarics/ncp/defa l.hrm Page. 4of4 CDFitf davir.1i13107 Contractor Desitlnaticm Farrn Checklist Information Taken From CDF: racility ID: 13E732522 Date Received :D3/26/07 Signature Date : 03/09107 site 'Name:'Shamrock/Supreme Service .Stati on Site Address :£200 WW 1.7th Ave DwnerName: ,City oflMiami Asset Management contractor :Cherokee Enterprises Inc Information from DEP: Score:'t0 Within Funding Range? ND Site.Eiigibie? YES Site Address:Same Does ltmatch the CDF? YES DwnarTNamo:Ferieraf:Deposit Insurance Corp Does It Match -the CDF? ND Site Manager: Kong T OCUL1S: Previous CDF? YES contractor:Cherokee Enterprises, Inc Date Signed:02/07/07 Valid? ND Previous Owner/RP? NO Name & Date Contacted: RP agreement provided? Eiigibie for Preapproval? YES Reason: PAC :SITE Valid iCDF? YES Nr3teS:Modei City'Community'Revitalization DistrictTrust submitted CDF as RP, owner letter lin file, Property owner confirmed in property records. Reviewer: Ash1eyOleett Date: Monday, April 02, 2007 Discharae information 1 57 DISCHARGE DISCHARGE DATE; 03/13/1987 PIROGRAM: EDI ELIGIBLE: ELIGIBLE ELIGI3IL1TY.DATE :.0 6 /03/19 E7 FINDING CAS': DEDUCTIBLE AMOUNT: DEDUCTIBLE PAID: • - - ----*COMBINED-WETH: CLEAT; UP INFO: ACTIVE CLEAT: UP STATUS: SA TOTAL SPENT TO DATE: BCFS BUDTF.ACK TOTAL CDT HOLDLNG FOR: DEDUCTIBLE LCAR ❑ "SITE MANAGERS - Please refer to and fallow the guidance memos from Lewis Cornman dated 5130/D1 regarding NFA orders for eligible discharges not determined to be an actual discharge (SOP Appendix C-10) and rescission of PCT discharge report for non eligible discharges (SDP Appendix C-11). LDerlr' CiT':1�'IT*J:11T31^rSi9t1Ati1;°(illti_ t.�!16: PET ! 5 GLri7 February 12, 2007 Florida Department of Environmental Protection MailStop 4540 Bob l\4artinez Center 21300 Blair Stone Road Tallahassee, Florida 323.E-2400 Re: Facility/Site: Shamrock/Supreme Service Station FDEP Facility iden fication: 1337325 2 Property: 6-200 NW 17 Avenue, Miami, Florida 33150 Dear Ms. Shuffle': Enclosed as instructed is the Contcractor Designation Foie & Real Property Affidavit for real property- address 6200 NW 17tn Avenue, l�r u<ni, Florida. We have selected r,' ierokee Enterprises, Inc. as the designated contractor to oversee the cleanup process for the above -referenced property. Should you have any questions, please do not hesitate to contact me at (305 635- 2301 ext. 371. Iris 1-ludson - Finance Manager Liberty City, Trust cc: Cherokee Enterprises, inc. Ends. Miler Dawkins Pool Comoie::.48DO taw 121r, Avenue + Miami. Florida 33127 + Phone: 305.6'i..2301 4 Fox: 305.634.2774 Email:inio+aLloerivCilylrusl.org+ Websfle:www.Libenyc5yTrust.org e fieei=Ci1OH Fl.onda Department of Fnvirpninenta1 ProLeo-6m Bob ivitutinez Center 26K B1air.Stone Road Tallahassee, Floridt: 32399-240e Charlie. Grin Gcwemo- L. Gc.vcruor ell ±ae; W. Sole Secretary Bureau of Petroleum Storage Systems - Petroleum Cleanup Preapproval Program CONTRACTOP. DESIGNATION FORM & REAL PROPERTY OWNER/RESPONSIBLE PArR, Y AFFIDAVIT • This Contractor Designation supersedes all previous designations for this site made by the Real Property Owner or Responsible 'Party whose signature appears below. • 'Please read this entire four -page form carettllly.a nd complete a lee pplicable p ortions, i t contains Tinportantin"fermati"oti re(ar ling`ttwcleanexpeefyour eite. • • Pisase.Prinf or Type all required information (Except for the signature:block in Part 6). • This request will not.be.processed without the completed Owner/RP Affidavit in Part 6. • If you prefer not to designate a specific contractor, you may request that the Department select the cleanup contractor in Part 4 of this form. 1, The Florida Department of Environmental Protection (Department) is required by statute to preapprove the scope of work and cost for the cleanup of a petroleum contaminated.site if state funds will be used to pay for that cleanup [Section 376.30711(1)(b), Florida Statutes (F.S.)). 2. The current Real Property Owner or Responsible Party for the cleanup must use this form to designate a contractor Mai meets certain criteria (Sections 376.30711(2)(b)-(c), F.S.) for the Department to work with on their site. In addition, if the Department should coordinate'lts actions with your representative, you can use this form le designate such an alternative contare. 3. If the current Real Property Owner is not the person responsible for completing the cleanup, then the Responsible Party should complete this form and submit 11 along with a copy of the legal agreement between them and the current Real Property Owner that details their cleanup responsibility. Responsible party agreements with former Real Property Owners will not be accepted without a signed letter from the current Real Property_Owner which indicates that they either concur with the responsible-p.ariy agreement or do not object to the Responsible Party (identified in Part 3 of this form) selecting the contractor. 4. Please fill out this form completely and carefully. The form will be rejected if there is any omission, error or —--------correclionAinoludingewhile-out")_in enyof the required information, including the notary portion of the form. This will delay the cleanup of your site. 6. The current Real Property Owner or Responsible Party may designate a contractor or request a chanoe to a new contractor al any lime by submitting e completed Contractor Designation Form (CDF). However, changes in contractor designation are limited to no more than two (2) in any 12•month period. Changes in contractor d esienation may a iso c reate 2 ci elay in the c leanup of your s ite. Iso, the current Real Property Dwner or Responsible Party will be liable for payment tor any work that the new contractor must perform in order to assume the site cleanup 1f the Department previously paid for such work. if a new contractor is designated, then any work in progress will be completed by the contractor to .whom the work was awarded through the end of the current Work Order unless that contractor is being replaced for documented poor performance or II voluntarily a green (in writing) t o f orgo the remaining wort:. A. new designation does not lake effect until the completed CDF is accepted and approved by the Department. MC7:doc "Marc Protection, Less Proems" www.cien,state.27.3i.v/wartelcoterorics/pco/ciefault.htni Page 1 of 4 CDTdf darir-0.13107 Bureau of Petroleum Storaa& Systems - Petroleum Cleanup'Pre-approve; Program CONTRACTOR DESIGNATION FORM & REAL PROPERTY OWNERJRESPDNSIBLEPARTYAFFIDAVIT 6. Designating a contractor means that you are responsible tor its actions. Pursuant is Section 2.h. of the Petroleum Cleanup Preapproval Program work order issued by the 'Department, your contractor is requires' to pay al; subcontractors and vendors .within 7 days of receipt of payment from the.Department that includes their costs for nor -final invoices and prior to submittal of the final invoice for each wort; order (unless there is a .written agreement between the contractor and subcontractor/vendor to the contrary). To protect their financial interests. subcontractors and vendors may file a hen against your property that.can be exercised in the event t he c-ontractor d oes n of p art hem i n f ull. Accordingly, you should lake steps io insure that your contractor pays all Of its subcontractors and vendors. F urthermore, it is e dvisecl that you request that your contractor demonstrate that they are financially solvent and that they have an acceptable performance record with respect to successful completion of cleanup projects and payments to subcontractors and vendors. 7. Pursuant to Florida Law, 7/ is unlawful for e site owner or operator, or his or her designee, to receive any remuneration, .in rash 'or in kind, ;directly :orindirecfly, from;a rehabilitation .contractor..perforrning site ;cleanup activities...' under the,preapproval program .(Section 376.30711(5.) F.S.). iias also unlawful for.any contractor to r arty rani an ifi''-casd d 1rilar d;"el111e, -direetly'or-in'direofly, to°a siisMowner;vperrator-ortheir designee. This prohibition includes payment of any program deductible by e contractor. See' Section 7.13 of the EPSS Standard Operating Procedures Manual. E. Please return the form with original signatures (copies cannot be accepted) to Petroleum Cleanup Section One, Mail Station 454D, in the Bureau of Petroleum Storage Systems art heel etterheed a ddress, I t you choose not to designate a cleanup contractor, you may ask the Department to select one .for you in Pari 4-e. below. If you have any questions, please call Leila Shuffler at (856) 245-8839. Thank you for your cooperation. Part 1. FDEP Facility Name and Identification.(required): a. Name of Facility/Site: Shamrock / Supreme Service Station b. FDEP Facility Identification 4: 139732522 Part 2. Real Property Identification and Current Ownership Verification (required): This information must match that listed in the applicable County Property Appraiser's Office. While the real property owner listed here may be the same as that listed in Part 3, the actual designation of the cleanup contractor occurs only by the entity listed in Parts 3 and 6 of this form. a Real Property .Street Address of Record: 6200 NW 17rh Avenue. Miami. Florida 33150 b. Parcel 1 or Properly Identification #:of Record: D1-3115-Do5 3291 -c.---Legal-.P_roperty_Description o; Record (may. attach .legible copy); LIBERTY CiTY PIS 7-79 LOT 21 & LOTS 22 & 23 LESS E10FT & LOT 24 LESS S10FFT OF LOTS 23 & 24 FOR R/W BLK 12 LOT SIZE 13924 SO FT OR 22744-3044 10D4 3 d. Name of Current Real Property Owner(s) of Record: City of Miami Asset Manaoement MC7:nor If There is Any Reason Why the Property Appraiser's Records May Not Be .Accurate, Provide an Explanation and Attach Documentation: "illoreProseciion, Less Process" CDTAfirlavii-013.07 www.eiep.stare.fi.vsirastelcatezories apickfault.htm Page 2 of 4 Bureau •of Petroleum Storage Systems - Petroleum Cleanup Preapprova Program CON.TRACTOR.DBSiGNA;7JOt' FORM & :REAL PROPERTY .D.WNERJRESPONSIBLE•PARTY:AFFIDAVIT Parr 3. Entity Designating the Preapproval Program. Cleanup Contractor (required): a. Name of the Entity Designating the Preapproval, Cleanup Contractor (if business, include name/titie of represeniative)`Model Cite •Community Revitalization District Trust b. (Check Dne): Curren! Real Property Owner Dr X Responsible Party c. Mailing Address and Telephone .# of the Entity Designating the Contractor: 4800 NW 1.2"' Avenue. Miami. Florida 3142 Phone (305) 635-2301 Part 4. Preapproval Program Cleanup Contractor Designation (required): Please check one of the options below. You may request That the Department select the cieanup contractor _.(,5taie)_or. you.mad:..dssignate..a..specific_cleaaup_contractor..,(D.woesiRg)...C.orreplete.section...e..through..d..beiow only If Owner/RP designated contractor. (Check One) _ State Designated Contractor Dr X Owner/RP Designated Contractor a. Designated Contractor Name: Cherokee Enterprises. Inc. b. Designated Contractor Melting Address: 14474 Commerce Way. Miami Lakes. Florida 3301.6 c. Contact Person for Designated Contractor: Gabino Cuevas, P.E. d. Telephone for Contact Person: (3051 828-3353 e. E-Mail address for Contact Person: ocacherokeecorn.com Part .. Alternate Contact Designation for Current Real Property Owner or Responsible Party (optional): Use this section to designate an alternative point of contact to act on behalf of the entity named in Part 3.a. This person will serve as your representative regarding the cleanup of this site and receive all further notices on your behalf. Do not list the contact person for the contractor. If you do not wish to designate an alternate point of contact, then leave this part blank. a. Alternate Contact Name: b. Alternate Contact Address and Telephone #: Phone ( c. Relationship of Alternate Contact to Current Real Property Owner or Responsible Party: Part 6. Real Property Dwner/Responsible Party Affidavit (required) This affidavit must be completed and signed by the current real property owner or responsible party in the presence of a notary aublic when designating a contractor for the Petroleum Cleanup Preapproval Program. The signature of the current real property owner or responsible party shall be notarized as set forth below. No work will be authorized on your site until this form is accepted by the Department. By signing below you are certifying that you have read and understand all of the information on all four pages of this form and that all of the information listed above is true and correct to the best of your knowledge. The name in Part 6.e. must match that listed in Part 3.a. MCT.rior 'More Pr oleciion, less• Process" ww. dep. st at c. fi. usi wastercare p, ari cs pcp/def'aulz. hrnr Page 3 of 4 CDF.Afrinvtl-013J0 Bureau of Petroleum Storage Systems - Petroleum Cleanup -Preapproval'Program CDNTFF ACTDR DESIGNATIDN PORN,:. REAL PROPERTY OWNER/RES-PONSIBLE PAi T Y AFFIDAVIT am the _ 1�'�.,._., j • . L� 1 U� ..�.a-,,,,_. (name of person appearing) _,(tiiie Nersvtt appearing) G./7'7 //(r eeiyv vkrtf 1� :l/. .( /rCT/ and hereby certify: .(nayne of real property owner or responsible party listed in Part 3.a.) b. Thai the Contractor Designates in Part 4 of this form is authorized to perform work in the Petroleum Cleanup Preapprovai Proorarn or, the real property identified in Parts 1 and 2 of this form. c. That the contractor has not offered any remuneration in cash or in kind directiy. or indirectly in exchange for designating them es my contractor. d. That ) have not solicited or accepted remuneration in cash or in kind directly or indirectly from the corii46.1itr lh'exchange:•for-ttietigna rig trem'as•myoontractor. e. That I acknowledge that soliciting or .accepting remuneration in cash or in kind directiy or indirectly in exchange for designation of a contractor is prohibited pursuan!•to Section 376.30711(6), v=.S., and may result the loss of .eligibility for State funded petroleum contamination cleanup assistance at this site, f. Thai the person appearing is authorized to make the statements sei-forth in this affidavit. /7 (Signal e Owneor authorizes rearesentative Iisied above) --------------- Notarization of Signature of Rea! Property Owner or Responsible Party (required) ----- �� Stale of ,—i°!"!u --' County/Parish of Swom to and subscribed before me by T this day of Personalty known 4/y Produced Identification /t//l r� ype or ID; (notary's signature) Notary Public, State of r-- /DY t •r-t' hdC7I dnc i (If produced identification) :ar-u F.:r,,, 20 ✓ fJ My Commission Expires / �// 7 IRI6'011106DN tfl[ 16BI4OVIIM81 p ;y :Are EXPIREB:Jttip11;$007 s7n BOnktiVWNCWY FOXUtOrxrlier. px cable) "More Protection, Less Proctss " W M,W. aenstafe. f . usn+m.ct elcattmorie pcpfdefavl!. htn; Page 4 of 4 ,,, l9Is N. HUDSON = O COMMlSSl k'DD'2D8291t �•. ;® H_ cXPIRyS:JUly1;,1de7 UonmJTtw ttderyPtNi.: UtWern7imi CDF/f dm i;;-o13107 EXHIBIT D EPA AUTHORIZATION FOR CONTINUED USE OF CHEROKEE ENTERPRISES INC. James, Harry From: Caprita.Barbara@epamail.epa.gov Sent: Monday, March 14, 2011 2:04 PM To: Reyes, Ninoshka Cc: James, Harry; Blondet, Lillian Subject: Re: City of Miami and Cherokee Enterprises, Inc. Clean -Up Grant Importance: High I APPROVE the use of Cherokee Enterprises, Inc. for the Brownfields cleanup based on City of Miami's email below, Regards, Barbara J. Caprita `US -EPA -Region 4 office: (404) 562-8415 "Reyes, Ninoshka" <nreves©a miamiciov.com> wrote: To: Barbara Caprita/R4/USEPA/US@EPA From: "Reyes, Ninoshka" <nreyesPmiamigov.com> Date: 03/14/2011 11:04AM Cc: "Blondet, Lillian" <LBlondet©i miamigov.com>, "James, Harry" <hiamesPmiamiaov,com> Subject: City of Miami and Cherokee Enterprises, Inc, Clean -Up Grant Dear Ms. Caprita: The following points are intended to provide the compelling infoiniation needed for your Agency to approve the City's decision to enter into a Professional Services Agreement with Cherokee Enterprises, Inc. for the cleanup of the site located at 6200 NW 17th Avenue: Cherokee Enterprises, Inc., hereinafter "CEI", was one of the qualified firms that submitted a proposal to perform environmental remediation services on contaminated "Brownfields" sites, such as the one referenced above, pursuant to a Request for Proposal in 2007 (See Attached): 0 The State of Florida, through the Florida Department of Environmental Protection, hereinafter "FDEP", is in a cost share agreement with the City of Miami as it relates to the Pre -Approved Cleanup Program, hereinafter "PAC", The PAC requires pre -approval of the sites targeted for remediation, as well as, the pre -approval of contractors qualified to clean up the sites. CEI is one of these contractors on the FDEP's pre -approved list. The PAC also performs oversight of the selected contractors. Moreover, CEI has also • been approved by FDEP via a selection process of their own. In addition, the Miami -Dade Department of Environmental Resources (DERM) is our local regulatory authority that has also approved the City's remediation plans including the selection of CEI. i CEI was selected to perform the services delineated in the RFP based on their qualifications and experience to perform environmental remediation related to "Brownfields" contamination as determined by an evaluation committee reviewing proposals for such purpose. The reviewing committee determined that CEI's proposal was the most advantageous based on all the criteria. Based on the 2004 RFP and the Scope of Services described in a Professional Services Agreement entered into with CEI and the MCCDRT, CEI preformed the environmental remediation related to the "Brownfields" at 1199 NW 62 Street. Based on the points above, the City of Miami feels that CEI is most advantageous and fair for the City and its citizens. CEI was initially chosen through an RFP process that was and is authorized by the City Commission through ordinances duly adopted and codified in Chapter 12. Please notify us of your decision as soon as possible and fee] free to contact me directly should you have any questions or concerns. Thank you, Ninoshka "SA CHA"Ages, Assistant Cily Attorney City of Miami Office of the City Attorney Telephone: 305-416-1859 Facsimile: 305-416-1801 nreves(tumian ieov.com :Assistant _Deborah Bailey 305-416-1827 2