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Exhibit B
"EXHIBIT B" CHEROKEE ENTERPRISES 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, 31=1 Floor Miami, FL 33130 Re: Additional Site Assessment and Remedial Action 35% of PAC Proposal - PAC #266 Former Shamrock Supreme Station 6200 N.W.17th 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 in 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 171h 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 July 2005. 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 2of10 Engineers &'_Contractors found. However, DERM sent to CEI 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. o 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 (VOAs), polynuclear aromatic hydrocarbons (PAHs), total recoverable petroleum -range hydrocarbons (TRPHs), and Lead. o . 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: o 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. o 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 Engineers &-Contractor Mr. Harry James, City of Miami December 14, 2010 Page 3 of 10 listed under Table C, Chapter 62-770, Florida Administrative Code (FAC). See attached figure for well location. o 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. o 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 estimatedformer location of the dispensers to the 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: Alt 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. Alt 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. AThe 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 so.=a. www.cherokeecorp.com Engineers & "Contractors 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. o 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 foot above the water table and submitted for analysis of VOAs, PAHs, 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 for 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. o CEI also proposes advancing a soil boring adjacent to monitoring well MW-8R. The most recent groundwater sample collected from MW-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) o B-1: Proposal Preparation, which includes additional review of available historical files (1). o C-1: 2-Person Mobilization (1); one for soil sampling. o C-3: Drilling setup - including underground utility clearance for advancement of borings and installation of wells and coordination with driller(s). o 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. o G-4: Drilling (JAEE) - four 2-inch by 20 foot shallow monitoring wells. o H-1: General/Site Assessment Report (based on 25% of field work costs). Event 2: Groundwater Sampling, Drum Disposal, and Report Preparation (Line Items) o C-1: 2-Person Mobilization (1); one for soil sampling, one for groundwater sampling. ..,W-,n.-.t ., www.cherokeecorp.com [1 Engineers &'Contractors Mr. Harry James, City of Miami December 14, 2010 Page 5 of 10 • C-3: Drilling setup - including underground utility clearance for advancement of 16 borings and coordination with driller(s). o C-19: Well Sampling with Water Level (5): Sampling the wells installed in Event 1, C-7 and re -sampling MW-14DR. o C-23: Whole day oversight (2) o C-24: Kit Allowance (1) o G-1: Laboratory (Genapure). Soil analyses. o G-5: Drilling (JAEE) - 16 soil borings installation. • G-9: Disposal (CBI) - it is anticipated two 55-gallon drums of petroleum -contaminated soil and three 55-gallon drums of petroleum -contact water will be generated from drill cuttings and well development water. o H-1: General/Site Assessment Report (based on 25% of field work costs. Total Estimated Cost of Task No.1......... ...... ...... ............... ...... ............... _533,606.12. 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. o 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. o Prepare and submit a Health and Safety Plan (HASP). www.cherokeecorp.com Mr. Harry James, City of Miami December 14, 2010 Page 6 of 10 Contractors o Coordinate field activities with the site owner and subcontractors. o Obtain City of Miami and/or Florida Department of Transportation (FDOT) right-of-way permit, as necessary. o Conduct an underground utility clearance within the work area through the Sunshine State One Call Service, and private utility clearance (Le., ground penetrating radar). o Mobilize appropriate field personnel, equipment, and materials to the site. o Install fencing around the proposed work area, including access gates and water -filled jersey barriers. o Excavate within two (2) separate areas measuring approximately 72 feet by 37 feet (Area 1) and 35 feet by 34 feet (Area 2) at a depth of 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. o 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 backfill. o 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. o 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. o 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 storm water accumulation. o Confirmation sampling and analysis activities will be conducted within the excavation area to confirm that soil containing hydrocarbons 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 conducted at the base and sidewalls of the excavation 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. t h e ro ke e c o r p. co m Mr. Harry James, City of Miami December 14, 2010 Page 7of10 Engineers & 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 (i.e., 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). Event No.3 - Disposal of Contaminated Soils, Backfilling, Compaction, and Site Restoration. CEI 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. o 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 polyvinyichloride (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. o Since the wells will be installed in a newly backfilled 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. o 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. o 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..................................................................$263,000.00. 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. o 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.cherokeecorp.com Mr. Harry James, City of Miami December 14, 2010 Page 9 of 10 Engineers & Contractors Total Estimated Cost of Task No .............................. $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. o Properly abandoned all on -site groundwater -monitoring wells. Total Estimated Cost of Task No 5 $10,000.00. Task No.6 - EPA Quarterly Reporting and Community Meetings o Submit quarterly cleanup progress / grant update report to the EPA. o Attend necessary community related meetings and conduct presentations. Total Estimated Cost of Task No.6 $25,000.00. COST SUMMARY Task # Description FDEP Share (65%) City of Miami Share (35%) Total 1 Additional Site Assessment $21,843.98 $11,762.14 $33,606.12 2 Preparation of Remedial Action Plan $10,449.95 $5,626.90 $16,076.85 3 Implementation of Remedial Action Plan/Reporting $170,950.00 $92,050.00 $263,000.00 4 One Year Post Action Remedial Monitoring $28 990.00 $15,610.00 $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 (.Total's: ; = " : •. - �- Y _ $238J73;3 93 . ,<,$453;54`.9"Q.'4 (w$3a92 282"9y7/ Notes: 1. The remaining budget under the PAC program is $193, 101.36. As a result the remaining gap ($238,733.93- $193,101.36) for the PAC share will be covered by the EPA Grant. 2. 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. Gat V • mu. www.cherokeecorp.com Engineers &Contractors Mr, Harry James, City of Miami December 14, 2010 Page 10 of 10 All sampling activities will be conducted in accordance with the Florida Department of Environmental Protection's (FDEP's) Standard Operating Procedures for Field Activities. CEI 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 ENTERPRISES, INC. Amanuel Wot`ku, P.E. Vice President N:\PROIECrS\LIBERWC17TTRUST BROWNF111.es070O NW 17 AYE\Cowrxt\PROPOSALS \ 7010.20117571111EPA FUNO\ASSFSSNENr AND REIAEOIATION PROPOSAL- 17.14401O00tx AW Jaw cc: Gabino Cuevas, P.E. Attachments (4): Figure A. Current DERM Work Order B. Regulatory Agency and CE1 Correspondence www.cherokeecorp.com CONC. SLAB W-12 MW-7 p10.M RTRLOCATI.0* FORRRTANNLOCATION NW 62 ST. LEGEND RIM ELEV RIM ELEVATION TOP ELEV TOP OF PVE PIPE ELEVATION (0`T� cATT TREE LIDNT TRAFFICLIGHT POST ELECTRIRI C ®t 918E POST ®B CATER BASIN TRAFFIC SIGNA L VATER ICIER RATER VALVE TEL UTILITY POLEe SIDRA SEVER Nat Ram® SANI0ART SEVER NAAIOLE B 101110RING YELL UNABLE 10 LT011E/DESTROYED YELLS 00 MIND NOR L 01SE SETUP POINTS NV 0RREIERRES 10 AS NV-0 PRIOR TO SEC-2005 NVI-WL 4. And 7. 1' YELLS INSTALLED BY PREVIEWS CONSLATINT EJ LISCAIID115 BASED ON PREVIOUS SITE RUNS N NW 62 TERR. MARTIN LUTHER KING BLVD. N 25' 0 25' 50' SCALE: 1' = 50 FEET FORMER SHAMROCK SUPREME SERVICE STATION 6200 NW 17TH AVENUE, MIAMI, FLORIDA 33147 SITE PLAN ®es CHEROKEE ENTERPRISES, INC. FIGURE tnpleee k CaDt o:tore 1 Attac ent Current DERM 65% Work Orders (WO#2009-13-W87217) r1 Cjui Florida Department of Environmental Protection -Division of Waste.Management-Bureau of Petroleum Storage systems -Petroleum Cteanup Verbal Authorization for Change in Scope of Work FDEP FDEP Work Order # 2009.13-W87217 FACID #: 13/8732522 Site Manager: Monica Castro Contractor Name: Site Name and Address: Cherokee Enterprises, Inc. Contractor Phone #: 305-828-3353 Supreme Station, 6200 NW 17th Avenue, Miami, Florida UT-1854/F-8173 VCO#3 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 referenced work order or task assignment (including copies of all applicable subcontractor & materials Invoices). t %o 3 Description of Change: 1 Field Event v VCC3 - Extension of submittal date for the Supplemental Site Assessment Report (SSAR) from November 30, 2010 to February 28, 2011due to 35% funding issues with the.Cllyof Miami. The City of Miami applied for the EPA Cleanup Grant and was selected as one of the recipients of the grant. The City is in the process ofpexecuting the agreement with EPA and should be 19 place befor end of the year. t / / `rASa/Ja...viWRS a44iseti vitL 7P4z.e.e g.GC ' /'f �i?sCa`. ./Pam /*--"S cylo/Js 0/7 © Fletg Section & 1Norh Number nla Template Activity Description Cost per Item # of Items H-1 General / SA Report Preparation Coster h/a r actual amounl will be detemllned in template cost sheet during invoicing subtotal: Subcontractor/Equip. Purchase Laboratory [ Authorized Costs In-house Services/Equip. Rental . $0.00 Leg subtotal (with 10% markup) : Q1It Labor Catestory "Bare" Labor Rates n n Equipment Kit Costs: $0.00 (See Pike List) Deliverable(sl 1st: REPORT • LAB REPORT 3rd: 4th: 5th: Final: Sriy. sir-E ssff-site-w a" i�2/rr Labor Hours subtotal (no markup): Authorized Costs Authorized Costs Authorized Costs Misc. Expenses Authorized Costs Equipment: subtotal": (' includes all markups previous Due Dateta) -1-1/8e/2•940- 10/30/2010 /f - 3o - 20/O Requested by Contractor Representative: Amanuel Worku, P.E. Vont Name) Authorized by FDEP Site Manager: i ') • R`O/i/ir"Ei- I mm "enwt Accepted Contractor Representative: Amanuel Worku, P.E. wail Name) Cost Center Administrator Approval>$10,000: /7 q,. Revie & equipment kit costs) Materials: Other: [ 1 subtotal: New Due Date(s1 FDEP Cost Share 65% 2/28/20144-- � 'Total Authorized Costs 3t(012tElgg /Z:,F/-/o r Int lals (spit Period of Service extended to: 0 - 29 - UV/ xj� Date: ///z.9/ z o r n Date: -,2 aoio ate: /2 —IA -o9Dl D Date: FDEP Site Manager: Cleanup Phase: Cleanup Activity: Work Order Description: Florida Department of Environmental Protection -Division of waste Management -Bureau of Petroleum Storage Systems IA -._ I S sy Work Order Number: FDEP Facility Id #: Site Name: Address (Street, City): Contractor Name: Contractor. Address: 2009 13 W87217 13/8732522 Score: 10 SUPREME STATION 6200 NW 1 TTH AVE. MIAMI CHEROKEE ENTERPRISES. INC. 14474 Commerce Way. Miami Lakes. FL 33016 Petroleum Preapproval Program Work Order i® 33. Fyog_ta Cost Center #: 37450404555 Contractor Representative: Amanuel Worku, P.E. Alejandro Vergara Site Assessment SUPPLEMENTAL SITE ASSESSMENT Category: - Contract #: PAC266 Eligibility: PAC County: Miami -Dade r,(-0 CID #: 00556 FEID #: 65-08911_58 Phone #: 305/828-3353 Ph%ne #: 305/372-6447 V440/ P:vic,/ v In:accordance with the amended CP dtd 7/22/09 (rcd 7/24109),for the discharge dtd.3/13/87,conduct;Event#1:Inatall a MW north of MW-15,a MW north of MW 16,a MW northwest of MN 11 R,& a MW in the center of the formerexcavation area,as shown on the attached diagram,Event#2:Sampte the new wells north of MW-16 & MW-16 for VOA(EPA 8260),PAH(EPA 8270),& Pb(EPA 60108).Sample the new MW northwest of MW-11R for VOA(EPA 8260),PAH(EPA 8270),TRPH(FL PRO),& Pb(EPA 6010B).Sample the new MW in the center of the former excavation area for Table C parameters.Sampie MW-14DR for VOA,PAH,& Pb via the above methods.Advance 9 SB along the former piping run at 20' inteivals,as shown on the attached diagram.Screen each interval to 1' above the GW table;sample & analyze the interval with an OVA reading >loppm for VOA,PAH,TRPH,& Pb via the above methods.If no readings are >10ppm or exhibit visual etaining,aample the Interval 1' below the depth of the former piping for the above parameters.Advance 5 SB within the former excavation area.Including 1_ SB in the center.Sample each 2' interval to the GW table for VOA,PAH,TRPH,& Pb via the above methoda.The SB in the center must also be analyzed for As,Cd,& Cr (EPA 80106),Instaii a SB at the MW-8R & MW-1 R Iocations.Sempie & 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) & (SOP 001/01 FS 2200 revised 2/1/04) & SOP PCS-005,(GW Sampling SOP Variances & Clarifications for BPSS Sites,effective 5/2/05).The conclusion section of the SSAR must include recommendations for the next course of action per 62-770.600 (8)b.GW SampLgsFD 8000-24) must be used.Site diagrams must be drawn to scale,otherwtse the retie) will not be reviewed.Submit 2 signed & sealepias of thiliMAR to A.Chirino,DERM A&C Section,701 NW 1 Gt, Miami,FL.Direct all questions to the SM,A.Vergara. Deliverag,. Deilveratile Deliverapti Delivers reDeliverable t a': 6:`: LU+_ Due Date 6: Deliverable � � , Final DelivertJble: fiUPPI: NTAL SITE ASSESSMENT REPORT Final Due Date: Period of Service: Contractor Representative Signature Date To May 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-- O'(((jjj�ppp#DRY REPORT -•L ua FDEP Site Manager: FDEP Manager: Cost Center Administrator: Contractor Representative: Contractor Representative: (second contractor signature Is optional) 04 Due Date 1: Due Date 2: Due Date'3: Due Date 4: Due Date 5: Oct. 30.2009 Nov. 30.2009 Date 8/12/2009 FDEP Use Only: Eat cE ,/O Technical review: Fiscal Review: Initials: Initials: sj, a page 1 of 6 Date: 0if./z,d9 Date: B?'/2.69 Florida Department of Environmental Protection -Division of Waste Management -Bureau of Petroleum Storage Systems Petroleum Cleanup Preapproval Program Work Order Work Order # 2008-13-W87217 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 Environmental Protection (DEPARTMENT). c. The PRIME CONTRACTOR agrees that it is responsible for the professional quality, technical accuracy, timely completion and coordination of ail designs, drawings, specifications, reports, other services and installations furnished under this Work Order. d. 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 ail of the qualifications for participation in the Petroleum Cleanup Preapproval Program es required by 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 mutes and guidance issued by the DEPARTMENT and the standards of performance therein. z. 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 Order 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 ut 1854: W0 0908: 8/11 /2009: 10:50 AM Florida Department of Environmental Protection -Division of Weste 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. All 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 376.30711(5)(d) and (e), F.S., see Chapter 2008-127, Laws of Florida (L.O.F.), and paragraphs 2. j and 2.1 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 liabilities 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 activities 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 forthe subject site, or cancel the PRIME CONTRACTOR's participation in the Preapproval 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 DEPARTMENT personnel, and personnel of a contracted Local Program or Team, 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. 1. 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 8 ut 1854: WO 0908: 8111/2009: 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 tight to payment, Is responsible for prompt payment of at 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 287.0585(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 with Section 287.0585, 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 end 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. I. 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 property 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. rn. If this Work Order hes been issued pursuant to a Preapproved Advanced Cleanup (PAC) or Petroleum Cleanup Participation Program (PCPP) 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 376.30711(5)(b), F.S., (see Chapter 2008-127, 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 of non -expendable equipment costing $1,000.00 or more under this Work Order shall remain 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 return all 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 DEPARTMENT's Surplus Property Review Board and must be documented in a formal agreement executed by both parties In a 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-101408 Page 4 of 8 ut 1854: WO 0908: 8/11/2009:10:50 AM Florida Department of Environmental ProtecUon-Division of Waste Management -Bureau 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..In 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. Retainaae and Forfeiture of Retainaae a. The PRIME CONTRACTOR agrees that the retainage withheld on this Work•Ordershall not be paid until the full scope of work has been completed to the satisfaction of the DEPARTMENT. 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 thls 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 mail 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-101408 Page 5 of 6 ut 1854: WO 0908: 811112009:10:50 AM • Florida Department of Environmental Protection -Division of Waste Management -Bureau of Petroleum Storage Systems Petroleum Cleanup Preapprovaf 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. In 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 Chapter 2008-127, 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 Preapproved 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) 267.0585 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 attomey'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 8 of 6 ut 1854: WO 0908: 8/1112009: 10:50 AM Florida Department of Environmental Protection -Division of Waste Menagement•Bureau of Petroleum Storage Systems Petroleum Cleanup Preapproval Program Work Order Template First Event Work Order 0: 2009-13-W87217 FDEPILP She Mgr. Alejandro Verger Facility Id 0: 13/8732622 Bhe Name: Supreme Station Contractor0: 00668 Contractor Name: Cherokee Enterprises, Inc. Date: 08/12/09 FDEP Contract 0: PAGAN Work Description: Install 4 monitoring wells. Template Original Comments I Notes Allowed Coat N1n11ber gem Cost of Items • Coat Share Information FDEP Share: 66A0 Applicant/Owner Share: 36.00% Total: 100.00% Change Chang° Change Costs Amount Template Total Cost Section A: Packaged Work Scopes • 1 Pumping Teat or Multi -phase Pilot Teat (talon In-house personnel) $3,048.90 . 50.00 2 Vapor Extraction or Air Seeming Pilot Toot (using hl-house personnel) $2,066.30 80.00 2 Alt Sperging & Vapor Extraction Pilot Test (using in-house personnel) $3,197.27 $0.00 4 Monthly O&M Visit $851.42 80.00 $ RAI Monthly'' O&M Allowance - Small System $2,776.82 $0.00 s RAI Monthly 0&M Allowance- Medium System $3,254.33 80.00 7 RAI Monthly O&M Allowance- Large System $3,831.74 80.00 4T8.03 $0.00 Section A Subtotale: 10.00 Section B: Office Activities, Part 1 1 Proposal Preparation 2 File Review 2 Permlta 4 She. Health & Safety Plan a Notice of Discovery of Contamination Package (Initial or TPOC) Seaton C: Field Actvltes t Mobilization 42 persons) well install 2 Mobilization (1 person) 3 Drilling Setup (w!utiliy clearance) 4 Se for Soli Screening or Photometer Install (S 10 ft) e $B for Soli Screening orPl000meter install (> 10 ftto 5 30 ft) e 88 for Soil Screening or Plezometer Install (> 30 t) .7 Well lnateli($20ft) . 6 Well Install (> 20 ft to s 40 ft) a Well Install (>40 ft) 10 Well Install, double cased (54010 11 Wall Install, multiple cased (> 40 ft) 12 Recovery Wel Install (s 4010 to Recovery Wel Install (> 40 ft) 14 Alr Spargln0 Well Install ($ 40 ft) is Set VE Wel Install (s 40 ft) 1s AS end/or Soil VE Well Install (> 40 R) 17 Well or Plezometer Abandonment 1e Recovery or Muhl -phase Well 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 Overnight (total daye (to nearest 1/10th) x number of people) 24 Klt Allowance (total deya to nearest 1/10m) (n0 per diem included) 25 Per Diem (total days x number of people) Section D: Other Field Work 1 Other Field Work 2 Other Field Work Seaton E: Other Equip. Rental Coate) 1 Other Egldpm ent 2 Other Equipment $536.08 1 $536.08 $683.13 $0.00 6730.46 $0.00 $341.70 $0.00 $270.69 80.00 Section B Subtotals: $838A8 6810.76 $463.05 $685.133 $238.86 $354.98 $473.31 $484.26 $728.39 $1,452.78 8968.62 6383.20 $236.85 586.86 $243.18 $241.75 $24.58 $110.13 $988.52 1 4 $810.76 $0.00 $686.93 60.00 $0.00 $0.00 $1.037.04 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 80.00 $0.00 $0.00 $0.00 $0.00 $0.00 80.00 $0.00 $0.00 $884.28 $0.00 $342.06 $0.00 $117.98 $0.00 Section C Subtotals: )3.313,7g Section 0 Subtotals: Section E Subtotals: 60.00 $0.00 69 00 $o.00 Fo.00 30.00 $0.00 . $0,00 $0.00 $0.00 $0.00 60.00 $0.00 $0.00 $0.00 ' $0.00 $0.00 $0.00 90.00 $0.00 $0.00 $0.00 80A0 1Q,gg $0.00 $536.08 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 40,00 1638.06 $0.00 $810.76 $0.00 $0.00 $0.00 6586.93 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,937.04 $0.00 $0.0D $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 80.00 $0.00 $0.00 30.00 40.00 90.00 90.00 $0.00 $0.00 gm 63.313.73 $0.00 80.00 $0.00 $0.00 �0.00 t0.00 50.00 $0.00 $0.00 $0.0D 10. $0.00 Template-101406 Page 1 of 2 ut 1854: 1st Event: 8/12/2009: 10:14 AM Florida Departmental' Environmental Protection -Division of Mate Management•Bureau of Petroleum Storage Systems Petroleum Cleanup Preapproval Program Work Order Template First Event Work Order #: 2009.134107217 Facility Id 9: 13/1732822 Template Comments (Notes Site Name: Supreme Station Allowed Coat Dale: 08/12/09 Original Number ham Cost of Rome Change Change Change Costa Amount Template Total Coat Section P: In•house Service Goalie) 1 Laboratory 2 Drilling a Direct Push 4 Construction a Other Section 0: Subcontractor Goalie) 1 Laboratory (from worksheet) 2 Laboratory Mobile Lab 4 Drilling e Direct Push e Construction 7 . Non -Capital Equip. end/or-Materiels e Remedial Equip./System Lease e Disposal 10 Other Section 01: Remedial System Purcheao 1 Remedial System Coats 2 PAC Remedial System Coale .Section H: Office Activities, Pen11 1 General I SA Report Field Work Costs (Seca C & D) 2 Letter/NPDES Report 3 O&M Quarterly Report 4 08M Annual Report 5 Pilot 'teat Plan e Pilot Test Report 7 Level 1 LSRAP or RAP Modification e Level 2 LSRAP or RAP Modification 9 Level 3 LSRAP or RAP Modffication 10 Level 4 LSRAP or RAP Modification . 11 Level 1 Remedial Action Plan 12 Lave) 2 Remedial Action Plan 13 Ae-toga Drawings (P.E. red lined) u Construction Drawings and Specs 1a RAC Bid Package Soikitatonl0valuadon le RA Startup Report 17 Soli Source Removal Report to Natural Attenuation Plan 19 Remedial Acton Interim Report 20 General Remedial Acton Report 2/ NA or Poal RA Monitoring Quarterly Report 22 NA or Post RA Monitoring Annual Report 24 Well Abandonment Report 24 Initial Map & Table Generation 25 Other Raper! Type (backup 8preadoheet) Nub Markup = 10.00% JAEE Drilling Field Work x Multiplier $3,313.73 25% Deliverables Section F Subtotals: Unseen etires $3,853.97 Section 0 Subtotals: Remedial System Subtotals: ieze.43 $282.27 $1,845.63 $3,036.45 3730.17 31,275.27 $1,401.02 $2,742.89 14,866.33 $8,038.42 $12,072.42 818,070.95 $617.81 $3,398.01 $1,918.72 $2,3ee.e1 $1,788.80 51,079.813 $530.10 $1,079.88 $530.10 $1,324.99 $244.61 $1,883.05 pus Date Piiyereble / Documents • e Interim Deliverable 10130/08 fly +pro o* At.W. Coro fiZTION Final Deliverable Information (Specify only if selected for *hie event) Defivorebte d 1 General / SA Report Deliverable Due 11/30/09 Period of eervlae to: 0812//10 Cumulative Work Order Total* pees Rotalnapo, FDSP Share applied') Invoice # 1.8 Events # 7 Remedial Systems # 8 Final Deliverable # 9 Retalna9e FRAM roe me eta Na This Event 34,831.1E Some $484.83 1///.19 letel $4,639.12 $0.00 $404.03 $868.19 Work Order Total $6,881.94 $8,681.94 Templata•101408 1.0 Section H Subtotals: irtX Page 2 of 2 50.00 $0.00 10.00 $0.00 30.00 tem $0.00 $0:00 $0.09 $3,008.37 $0.00 $0.00 $0.00 30.00 $0.00 10.00 $3.809.37 $0.00 $0.00 MIR 0825.49 $0.00 $0.00 $0.00 30.00 $0.00 $0.00 80.00 $0.00 $0.00 80.00 $0.00 $0.00 $0.00 60.00 80.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8028,43 Do not ledude m.rku Donal Indiemnkup $0.00 $0.00 $0,00 $0.00 $0.00 SUM s0.00 se.00 Moo $0.00 30.00 50.00 $0.00 $0.00 $0.00 $0.00 30.00 30.00 $0.00 Field Work o 1.0 Thle Event Template Totals $o.on 10.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 30.00 $0.00 30.00 $0.00 30.00 $0.00 $0.00 $0.00 $0.00 $0.00 50.01) $0.00 $0.00 $0.00 $0.00 10.00 60.00 $0.00 $0.00 $0.00 30.00 80.00 00 $0.00 $0.00 $0.00 $3,909.37 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 13 809 37 50.00 5o.eo :4:44 $87.0.43 $0.00 80.00 $0.00 $0.00 $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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 6eaw Event Tefel: Subtotal pose retelnage): Retainage: 10% 0dalna( $8,987.81. $7,728.86 6688.79 Sham $0.00 $0.09 $0.00 Iot4l $8,687.81 $7,728.86 8368.76 Thle Event invoice Totals (lose Retainego, FDSP Share apptled•) Invoice 91 tut Event it 7 Remedial %memo 0 8 Final Oellvereble P 9 Retalnage Daainal Ohanas Istel 84,839.12 30.00 $4,339.12 $0.00 $0.00 $0.00 $484.63 80.00 5484.83 $666 t9 $0.00 $669.19 Event Template Totat $6,881.94 $0.00 $6,681.94 *Cost Share Information: FDEP 85.00/%, App./Own. 35.00% ut 1864: 1st Event: 8112/2009: 10:14 AM Florida Department of Environmental Proteanon-Division or Waste Management -Bureau of Petroleum Storage Systems Petroleum Cleanup Preapproval Program Work Order Template Second Event Work Order 5: 2008.13-W67217 FDEP/LP Slte Mgr Alejandro Vergare Facility Id 9: 13/5732522 Site Name: Supreme- Station Contractor 6: 00666 Contractor Name: Cherokee Enterprises, Inc. Data: 08/12109 FDEP Contracttl: PA0288 Work Description: Sample 5 monitoring wells, advance 16 borings. Submit a SSAR. Template Original Comments Motes Allowed Cost Number item Coat of items Cost Share Information FDEP Share: 88.00% Applicant/Owner Share: 36.00% Total: 100.00% Change Change Change Costs Templets Amount Total Cost Section A: Packaged Work Scopes 1 Pumping Test or Multi -phase Pilot Test (using In-house personnel) 2 Vapor Extraction or Air Searging Pilot Teel (using In-house pemonnel) 3 AlrSponging 6 Vapor Extraction Pilot Test (using in-house personnel) • Monthly O&M.Vislt s RAI Monthly O&M Allowance •SmefSyelem 6 RAI Monthly O&M Allowance- Medium System ✓ RAI Monthly O&M Allowance- Large System e RAI Supplemental O&M Monthly Allowance - Thermox/Cetox Treatment Section 9: Mee Aellvitlea, Part I + Proposal Preparation 2 File Review a Permits 4 Site Health & Safety Plan s Notice of Discovery of Contamination Package (IMMO or TPOC) 8ec8on C: Field AcNrltlee 1 Mobilization (2 persons) a Mobilization (1 person) 3 Drilling Setup (w/utlllty clearance) 4 S8 for Soil Screening or Plezometer Install (s 10 N) 1 SS for Soli Screening or Plezometer Install (0 10 0 to s 30 N) • S8 for Soli Screening or Plezometer Instal) (> 30 ft) 7 Well Install (S 20 N) e Well Install (x 20 ft to 5 40 N) o Wall Install (o 40 ft) 14 WWI Install, double cased ($ 40 n) 11 Well Install. multiple cased (° 40 ft) 11 Recovery Welt Install (a 40 R) to Recovery W011 In5t011(x 40 N) 14 Air Sparging We0lnatell ($ 40 N) 13 Soil VE Well Install (S401t) 16 AS and/or Soil VE We0 Install (n 4010 11 Well or Plezometer Abandonment 13 Recovery or MuJO-phase Weil Abandonment 1e Well Sampling with Water Laves 20 Water level or Free Product Gauging 21 Free Product Gauging & Bailing (per well) 22 Area Survey 23 Whole Day Oversight (lolel days (lc neareal 1(101h) x number of people) 24 Kit Allowance (total days to neareal 1/10th) (no per diem Included) 2s Per Diem (total nayo x number of people) Section D: Other Field Work 1 Other Field Work 2 Omer Field Work 8ectlon E: Other Equip. Rental Cootie) 1 Omer Equipment 2 Other Equipment $3,048.00 $2,055.39 $3,197.27 $851A2 $2,776.92 53,254.33 $3,831.74 $476.03 Section A Subtotals: $536.08 5553.13 S730.45 $941.70 $270.59 Section 13 Sub0oteb: $610.76 6453.05 $585.93 $236.65 $354,08 $473.31 $484.26 $T28.39 $1,452.78 $886.52 $383.20 $235.85 585.65 $243.18 $241.75 824.88 $118.13 $885.52 $894.28 $342.06 S117.96 Section C Subtotals: 2.0 1.0 Section D Subtotals: Section E Subtotals: $0.00 $0.00 $0.00 50.00 $0.00 60.00 80.00 S0.00 68.06 $0.00 $0.00 80.00 $0.00 80.00 111,1111 $810.78 $0.00 85135.93 80.00 $0.00 $0.00 $0.00 40.00 50.00 $0.00 $0.00 30.00 $0.00 40.00 80.00 80.00 80.00 80.00 61,208.76 50.00 $0.00 80.00 $1,71121,56 3342.08 50.00 $4.718.0$ $0.00 $0.00 ULU $0.00 $0.00 ALIID $0.00 $0.00 80.00 00.00 $0.00 SO.00 $0.00 $0.00 80.00 $0.00 $0.00 $0.00 MOD $0.00 $0.00 $0.00 10.00 ISULQ $0.00 $0.00 50.00 $0.00 So.00 90.00 80.00 50.00 $o.00 $0.00 $0,00. 44,48 $0.00 8610.75 80.00 80.00 $0.00 $686.93 $0.00 $0.00 $0.00 $0.00 90.00 80.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 50.00 80.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 60.00 $0.00 $0.0D $0.00 $0.00 50.0D ' 80.00 $0.0D $1,208.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 31,788.68 $0.00 $342.08 80.00 30.00 gm $4.718,00 $0.00 $0.00 $0.DD 80.00 agg $0.00 $0.00 80.00 $0.00 i4 55 SO,OR Template-10140E Page 1 of 2 ut 1654: 2nd Event: 8/12/2000: 10:14 AM Florida Department of Environmental ProtecUon-Division of Waste Management -Bureau of Petroleum Storage Systems Petroleum Cleanup Preapproval Program Work Order Template Second Event Wank Order 8: 2009.13-W07217 Template Facility Id 0: 13/8732622 Comments / Notes Sire Name: 8uprema Station Allowed Coat Original Number Item Coat of Items Date: 08/12109 Change Change ChangoCoete Template Amount - Total Coat 8eatton F: In-house Service Coate) i LabOratory 2 Drilling a DlrectPush 4 Construction 0 Other Section 0: Subcontractor coatis) 1 Laboratory (from worksheet) 2 Laboratory a Mobile Lab 4 Drilling 6 Direct Push 4 Construction 7 Non -Capital Equip. and/or Materials 6 Remedial Equip,/System Lease 6 Disposal 1a Other Section 01: Remedial System Purchase 1 Remedial system Coats 2 PAC Remedtal System Coate Section N: Office Activities, Part 1 General /SA Report Field Work Coeto (Secs C 6 D)= 2 Leger/ NPDESReport 3 OBM Quarterly Report 4 08M Annual Report e Pilot Test Plan a Pilot Teat Report 7 Level 1 LSRAP or RAP Modification s Leval 2 LSRAP or RAP Modlfcalbn 9 Level 3 LSRAP or RAP Modification to Level 4 LSRAP or RAP Modification 11 Level 1 Remedial Action Plan 12 Level 2 Remedial A2Oon Plan 13 As -built Drawings (P.E. red lined) 14 Canabuction Drawings and Spats 13 RAC Sid PaCkege Solicitation/Evaluation 18 RA Startup Report 17 Soli Source Removal Report 1e Natural Attenuation Plan 19 Remadial Action Interim Report 20 Ganeral Remedial Action Report 21 NA or Post RA Monitoring Quarterly Report 22 NA ar Peat RA Monitoring Annual Report 23 Well AbandonmentRapat i4 btilel Map 8 Table Generation 3e Other Report Type (backup epreadehee0 !Sub bebop . 10.00% Genapure JAEE CBI Field Work x Multipitar 84,716,0E 261E Deliverables ample pollverable / Documentation interim Deliverable Final Deliverable Information tapestry only If esteotad forthte event) Deliverable* 1 General ( SA Report Deliverable Due 11/30/09 Fantod of 8envloe to: 06129M0 Cumulative Work Order Totals (lees Retatnage, FDEP Share applied) )noise N 1.5 Events N 7 Remedial 8ysteme 69 Final De8v9rable N 9 Rutabaga Work Oder Total Previous 64,539.12 $0.00 $484.83 $5511.19 MIMEO 613,948.11 $0.00 $889.73 81,626.20 7s71i1 $15,486.23 50.00 81,174.38 $2,184.39 98,681.84 $18,282.04 ;21,843.98 Template-101408 Seaton F Subtotals: UM Con mannr ;13,799.96 $3,160,00 6436.00 Section 0 Subtotals: Remedial System Subtotals: $1,179,02 D282.27 $1,845.53 53,038.46 8730.17 $1,275.27 $1,401.02 $2,742.89 54,868.33 $8,038.42 $12,072.42 $18,070.85 6817.81 $3,308.01 91,916.72 $2,380.81 81,788.80 51,078.8E 9530.10 51,078.88 $530.10 51,324.39 8244.61 $1,803.05� 1.0 seotlon 14 8ubtotale: Rage 2 of 2 $0.00 $0.00 $0.00 60.00 $0.00 10,10 $16,179.96 $0.00 $0.00 $0.00 53,406.00 $0.00 $0.00 $0.00 $478.60 $0.00 818.123,4E $0.00 $0.00 )0,00 51,179.02 $0.00 $0.00 $0.00 80.00 $0.00 50.00 $0.00 00.00 $0.00 $0.00 80.00 $0.00 $0,00 80.00 $0.00 $0,00 $0.00 $0.00 80.00 60.00 60.00 $0.00 $0.00 $0.00 $1.179.0; Do not health mutton Do nothdukm.mp Thls Event Template Totals $0.00 ;0,00 Woo 50.00 6D,00 l8alt4 $0.00 $0.0D 50.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 sD•ea $0.00 40.00 egg $0.00 $0.00 $0.00 $0.00 60.00 $0.00 90.00 60,00 $0.00 $000 50.00 30.00 $0.00 $0.00 S0.00 $0.00 $0.00 80.00 $0.00 $0.00 $0,00 60.00 $0.00 $0.00 $0.00 80.00 $0.00 $0.00 $0.00 $0.00 $0.00 LIN 915,179.95 $0.00 $0.00 80.00 $3,486.00 $0,00 $0.00 $0.00 $470.50 60.00 519.123.46 $0.00 MOD €li.o9 $1,179.02 $0.00 $0.00 80.00 $0.00 $0.00 $0.00 80.00 $0.00 50.00 50.00 50.00 80.00 $0.00 50.00 90.00 $0.00 $0.00 $0.0D 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,179,0; Event Total: Subtotal (teen retalnege): Retainege (1011): Labium 326,018.53 $22,618.6B $2,601.06 Qum $0.00 $0.00 80.00 Ig1 $26,018.63 522,618.88 $2,601.96 Thl9 Event lnvobe Totals (less Retelnage, FDEP Share applied) Ittx4l62 N 2 2nd Event N 7 Remedial Bysteme N B Fleet Deliverable N 9 Reteinags Odalnal 813,846.11 50.00 $859.73 $1,826.20 cha00Y Istigl $0.00 $13,946.11 80A0 50.00 $0.00 $969.73 10.00 $1,828.20 Event Template Total $16,282.04 $0.00 610,28204 *CM Shore Information: FDEP 66.0015. AppfOwn.36.00% ut 1054: 2nd Event: 8/12/2009: 10:14 AM Preapproval Sampling Parameter Table Work Order # 2009-13.W87217 Facility ID # 13/8732522 Site Name: Supreme Station EVENT I Groundwater Semple Locations Number of Events Anelytiml Parametem `star number of samples to each method) BM + MTBE EPA 80218 ETEM+ MIRE EPA 02608 PAHO EPA 8270C PAHe EPA 0310 TRPNA FL -PRO Lead EPA 00108 VOAs a VOHs EPA 80218 VOAs & VOHo EPA 82908 E08 -EPA 804 ED8 EPA 8011 Chapter 02.770 Table B 1 2- 3 4 6 8 7 II 9 0 1 2 3 r ,-- a 6 8 r 6 2 --. _ - Hadiamples .._ . - 6 _.. 0 0 0 D,....0. 0 0 0 0 0 Cast pet Sample 680.87 8E0.87 612889 8128.89 696.05 016.16 8128.89 5128.19 160.66 188.01 6374.07 Subtotal 60,00 60.00 5000 890.00 10.00 80.00 00.60 $0.00 80.00 50.00 60.00 SOAO Soli /Alr Semple Locations Number a1 Ev0Ms WEE MTBE EPA 8021E ETU+ FATES EPA 8280E PAN; EPA 0270C PANM EPA 8310 MPH. FL -PRO � VOMs EPA 80218 VOHs EPA 8260e As, Cd, Cr, Pb EPA 00708 BPLP Extraction EPA 1512 Modified EPA 18 EPA 704 4 No. Samples ' 0 . 0 0 0 0 0 0 0 0 0 0 Colt per Semple . 887,23 887.23 8128.49 8130.49 890.58 880.89 880.09 170.78 5101.10 8128.37 112837 Subtotal 80.00 50.00 60.00 50.00 50,00 50.00 50.00 90.00 50.00 10,00 60.00 1000 Event 1 Total Lab Cost: 10.00 EVENT 2 Groundwater Bengh Locations 4 fi B Number al Evora* AneIVBaal Perimeter, (Infer number 0f eampiee ax mob melhedp BTEX ♦ MTBE EPA 80215 BTER ♦ ME EPA 8260E PAID EPA 0170C PAlis EPA 8110 TAM FL -PRO Lead EPA 6010E VOAs a VONs EPA 80218 VOAS a VON. EPA 82608 EDB EPA 504 . EMS EPA 8011 Chapter 62.770 TAMAC 18V1 tonh of MW-1b 1 1 1 1 MW north of MW-16 1 1 1 1 NW marmot or NW-118 1 1 1 1 1 IdW In renter of former 1 1 1 5 MW-1408 1 1 1 1 1 a No. Samples 4 0 4 0 1 4 0, 0 0 1 Ceel per Sample 680.87 60087 512989 8128.139 098.06 516.16 5128.89 1128.99 . 850.65 555.81 1672.33 eub10td 11.587.213 6242.BB MOO tl8 5.58 50.00 086.06 660.64 10.00 60.00 50.00 20.00 5072.33 Sall/Air Sample Locations Numb** of Evonte BTU♦ WEE EPA 8021E BTEX+ MTBE EPA 02808 PAH* EPA 8270C PAIN EPA 8210 TRPH, PL•PRO VOH. EPA 8011E VON, EPA 830051 Pb EPA 00108 As, CO, Cr via EPA 60108 Modi0ed EPA16 EPATO.3 968 OM p11140 tern 1 9 9 9 0 6 63 OM farmer excavation 1 25 26 25 25 7 811atMW-BRIaallon 1 2 2 2 2 BB al 15W-1 Rlooterloon 1 2 2 2 2 _.. No. Samples 90 0 39 0 38 0__. 0 38 1 0 0 Coat per Wilke 607.23 887.23 8138.40 8130.49 000.58 680.09 880.89 517.89 153.07 1128.37 1128.37 Subtotal 12,654.74 $0,00 95,188.62 60.00 S3,746.04 30.00 10.00 3672.22 153.07 . 6000 60.00 7 Event 2 Total Lab Cost: Template-101 408 WO TOTAL LAB COST Page 1 of 3 13,799.90 ut 1854: Lab Sum: 8/12/2009. 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"). (Contractor Representative) of Cherokee Enterprises, Inc. am the/a 0 (Name of Contractor) 1. That Cherokee Enterprises, Inc. (Name of Container) to perform certain work under work order number Facility Name: Supreme Station and hereby acknowledge:. entered into an agreement with the Department 2009-13-W87217 at the following real properly: (work order number) FDEP Facility No.: 13/8732522 Facility Address: 6200 NW 17 Ave City: Miami County: MIam1-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 287.0585(1) and 376.30711(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 responsible for ensuring that the Contractor provides payment to all subcontractors and vendors end 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 paymentprovisions 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. 8. 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 authorized to make the statements set forth In this release of claim. State of (Signature of Authorized Contractor Representative) Notarization of Signature of Contractor (required) County/Parish of The foregoing Instrument was acknowledged before me by (Name of Person Acknowledging) this (SEAL) day of , 20 (Notary Signature) My Commission Expires : Notary Public, Slate of : Commission Number fr eppl.) : Template-101408 ut 1054: Release e1 Claim: 8112200e: 10:14 AM Fades Depanmem of Envyonmemal Pmteraon-DWldon or Waoto Monegemant•0uroou of Petroleum Storage Systems Petroleum Cleanup Preapproval Program Services Change Order & Invoice Work Order # FAC.ID # FDEP Contract # Contractor # Invoice # Invoice Date Cost Center# 2009-13-W87217 • 13/8732622 PAC266 00966 00000 01/00/00 3745040459e Supreme Station 01/00/00 to 06/29/10 • 01/00100 104132 FY09.10 Facility Name Period of Service (PoS) PoS Extended to Category/Y/Ec Miami, Miami -Dade 0 Cityand County Date(s) Contractor Rendered Services Vendor Remit Payment To: 0 Sill To: Florida Dept. of Environmental Protection RECEIVED 0 Bureau of Petroleum Storage Systems ,V 0 2600 Blair Stone Road, M.S. 4575 SED 0 8 2009 0 Tallahassee. Florida 32399.2400 _ FEID # : 00000000000 DERM Agent : 0 Attn: BPSS Accounting Airports & Contracts Section Telephone : - FDEP/LP Received Date Stamp (1) (2) (3) (4) (5) (8) (7) Invoicing Point Original Amount Change New Total Previously Due This . Balance El (yipl-) Amount • . Invoiced Invoice 1 I let Event $4,539.12 $0.00 $4,539.12 $0.00 $0.00 $4,539.12 2 2nd Event $13,946.11 $0.00 $13,946.11 $0.00 $0.00 $13,946.11 I 3rd Event $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 n 4th Event $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5 J 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 Remedial Systems $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8 Final Deliverable $1,174.36 $0.00 $1,174.36 $0.00 $0.00 $1,174.36 9 Retainage $2,184.39 $0.00 $2,184.39 $0.00 $0.00 $2,184.39 Total $21,843.98 $0.00. $21,843.9B $0.00 $0.00 $21,843.98 Signs u e 6y authorized confraofor representative affirms thaf•titis invoice is in with the Work Order Terms & Conditions and certifies any STOP CLOCK #1 Date: submitted accordance change request. Reason: 0 Contractor Representative Signature Print Name RESTART CLOCK #1 Date: PM P&P Uae ONy: Manual Invoice Corrections (it 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: FOEP/LP Una Only: Performance Certified Satisfactory: Date Complete Invoice Received : Site Manager Signature Date Date Services Rendered : FDEP Manager Signature Dale Date Services Approved : Cost Center AdmiMatrator Signature Date Final Invoice : YES NO Finance & Accounting Received Date Template•101a0a Page 1 of 1 2005.13•We7217: Invoice: Wier200g: 11:10 AM Attachment .4 Regulatory Agency and CEI Correspondence James, Harry From: Bland, Mike [Mike.Bland@dep.state.fl.us] 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 $93,998.66 remaining. If you have any other questions feel free to call me or e-mail me. 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 From: James, Harry [mailto:hjames@miamigov.com] Sent: Thursday, October 01, 2009 8:58 AM To: Bland, Mike Subject: RE: Status Regarding DEP Agreement No. PAC266 Good Morning Mr. Bland. Just wanted to send a reminder regarding the remainder of PAC costs if you don't mind for the Former Shamrock Station and the Former Star Station in Miami. Thanks. From: Bland, Mike[mailto:Mike.Bland@dep.state.fl.us] 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 Just 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[mailto:Mike.Bland@udeo.stateM.usl 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:hjames@miamigov.coml 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 Liberty City Trust with the management of their EPA 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 rernediation 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 Shamrock/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 fonner JG Shamrock/Supreme Service Station FDEP Facility I.D. #138732522 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 hjames@ rniamigov.com 3 MIA I•DADE C_OUNTaY Environmental Resources Management Pollution Control Division 701 NW 1st Court • 4th Floor Miami, Florida'33136-3912 T 305-372-6700 F 305-372-6729 Carlos Alvarez, Mayor miamidade.gov 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 Re: Site Assessment Report (SAR) dated November 28, 2008, and prepared by CEI for the discharge discovered on March 13, 1987, for the former Supreme Station facility (UT-1854/File- 8173/DEP-138732622/W.O.# 2008-13-W69532) located at, near, or in the vicinity of 6200 NW 17 Ave, Miami, Miami -Dade County, Florida. Dear Mr: Hernandez: The 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, FA.C. Therefore, the contamination plume shall be delineated to the north of MW-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 62-770, 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, depth, and extent) and depict these former structures on a scaled site map. 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 soil 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-1654/File-6173/DEP-136732522 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 soli borings shall be advanced within the former tank excavation. Sal samples shall be collected in two -foot intervals until one foot above the water table and each interval shall be analyzed for VOA, PAH, TRPH and Lead. In addition, one soil 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 soil 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 62-160, Florida Administrative Code (FAC), as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the date submitted exhibits a substantial variance from the DERM split sample analysis, a complete resampiing using two independent certified laboratories will 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(fgmiamidade.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 andfor 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. Sincerely, 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 I of l Adam From: Vergara, Alejandro (DERM) (VergaA@miamidade,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 havelooked 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 find something there. The city may also have old plans. Alejandro Vergara, ERPS Miami -Dade County DERM Preapprovai Program 305-372-6447 3/5/2009 John C. Farina, Head Compliance Seaticm hiereli 14.47 , UndatifrOfttl :74,1115. lteMOVeh;"41011,k)4)111 Q2OU9V*Vera° At about 1200 p.m., on ttiarch..12', 11187,. inspeater Dav9 -inspector visited the above site ;Atter a nappri of gasoline 'old underground tank that was being, relented. At the limo of our arrival photos were tulten and the ftdIeiving.infor.ree#1p),y.:: , oollectad: • • 1. Nolghbors milled in a epieplaint (to .Pflieht.Pirti.TiepiiitelenWilti4 there wee a strong odor- of (forsythia dt this at 1704 NW 42 Terrace.. gat • • 2. When the Miami O1) ro oportment arrived OP en ..4.1te Ahoy,:!•10,11/ removing an underground asoline 'v- teek, juoB de rothere Inc. telitittO Santa- .OrOw limber) 3. This tank appomritlylens puuctur�d wlitle *kit . liquid poured from ihe-.1snis info thd r$nnit4tiOil; the liquid WPOr00.8t15' water with onVy tt gninhl 0000, 4. Lt. Lando of iintOriti lac ordered Ohio: broken end of the. Oink and the iwutyLitIori tteolf. this Pradiiddite, was repeated at least onee to contro),fdratie. ....„ ... 5. At the time of our arrive) there woe moliquid in, the „eidef.tallek. No liquid wee leaking- ft'om the tilni,Iind nosiiialit14 eili.vii(..-0),.14.4.1i1 - ed. • • • • :•.',., . • • • . . . O. According to Miami Fire ITIPp9CtOr Vi11104. .11010111k '.j,0*t.04(0.N " permit (Nomtior 87144.) from the ItlfriO, tifilgitno-,igois.;:1- Department for the ctent011tion of the.:11rtiliat510, :00.:',41).14 Inspector Willard eon' till Miami , yira..' YVAriti0.#,0 .iiik.::141 (permit for uticlergreiindAliiilt reisovnt:ori'Ab !314),ii: "Mr... satin Hold they bid 0iir.,-trir PP this 'ph, .oi110:d111:.:fitiCitn .. uncierqround tanks hero, • 'hut have atOtoy • *Osii0oit.::."06:,...ii. ,ii., underground tanks froiii..the .1miationand fltopet:':•Utiii6rs Aiii;,Siilr„ here. Mr. Hangssaid tittle° tenka .010: ltrOgi!,4140F:iiiiit0e$444. out of the ruptured teat, wan meetly W.ider—iiiiir'''O,liik'.4:'.1101$!'-' .... gueoli»o. . .. . .. ,,.. , 7. Ni. Joe Juana arrived oil situ and .said when they liii:1;,pn,. Il4,..••,;,i• ,. structure demolition, they did not know there Were', riiiiy.%'.- '..' underground taidte p.reserit. - :: vey:.:1 • 8. Inspector Willard said the MifiMi Itre Department know tore ware underground tanks hors and that monitor wells were put 1o,..0104 2 months ago. Those Wells did not rovual any :g0.9Plin0..iii ground and a reproeentathre of PEW was present :at OW:Atli 1 Theca wells were installed because The property tUie fe8•414: anti a perspective buyer wanted to be sure there were•no prolitaiink,* Aoco,rding to Inspector Willard there waa a gas station on. this site forpbout .40 yoora. The station closed about 1981 and waa collect the SULAM:kill. Service Station. • 1.IVIr. Jose Aiello said he called Pleco to come to .ths site •tind- any required oloan-up and to relative any Other undergrtagid gasoltno tanks. Lt. Willard said. Juello Brothers Would., not 'he allowed to do any of this work and he would imitate onalto wail Piece showed up. W. On site were the following Individualsi Mr. Jose Juane - Joon° Brothers Ina. Mr, Guido Bonsogo. Juello Brothers Cm. Lt. Lando - Engine 12C Mined Me Department Vire Inepootor WtiItnG - Miami Piro Department tlopresontative of 11.U.D. Whoa Inspector Ulmmoy and this Inapector left the location Pitloo had net Yet arrived but Inspector Milani remained on alto. Li, Wide and•Ettglne• 12C were in the procoas of gathering up their equipment and wore planning 10 108VO. No further gasoline/water leaked from the ruptured tank during the thee wo were ori the pm:mines, • „ fl-terei CONC. SLAB raw-15 MW-12 NW 62 ST. LEGEND ti tj Weed d MU1 actix 6.0d S 6,4:M,vtd tip'^s ern . It's et5, NW 62 TERR. MARTIN LUTHER KING BLVD. N 25' 0 25' 60' 50ALE1 1' 60 FEET FORMER SHAMROCK SUPREME SERVICE STATION 6200 NW 17TH AVENUE, MIAMI, FLORIDA 33147 TEMPLATE SITE ASSESSMENT REPORT SOIL SAMPLING LOCATIONS CVIEROKEE ENTERPRISES, INC. FIGURE uoti.. a Cmrulo. 5