1513 PPM Consultants AgmtPURCHASING DEPARTMENT
TRANSMITTAL MEMORANDUM
To: City Clerk /Mayor
RE PPM Consultants, Inc Agreement
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
❑ Development Order ® Mayor's signature 5(j
❑ Final Plat (original mylars) ❑ Recording _
❑
Letter of Credit
❑
Maintenance Bond
❑
Ordinance
❑
Performance Bond
❑
Resolution
Once completed, please:
® Return originals to Purchasing
❑ Return copies
El
Special Instructions:
Please execute contract and City Clerk to attest it.
Marisol Ordonez A / P ,
From
TADept_formsWity Clerk Transmittal Memo - 2009.doe
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Safe keeping (Vault)
Deputy City Manager
❑ City Manager Signature
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DOCUMENT" APPROVAL
Contract Agreement Name: PPM Consultants, Inc Agreement
Approval:
7- Za 1
urc sing ManAfer Date
Finance Director
City Attorney
Date
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Date
City Of Sanford
Agreement With PPM Consultants, Inc
This Agreement made and entered into thisA y of JJQ4 , 2012 by
and between the: OF
City of Sanford, Florida
City Hall
300 North Park Avenue
Sanford, Florida 32771
a municipal corporation of the State of Florida, holding tax exempt status, hereinafter
referred tows the "City," and:
PPM Consultants, Inc.
1600 Lamy Lane
Monroe, Louisiana 71201
a Louisiana corporation authorized to do business in the State of Florida, hereinafter
referred to as the "Contractor" whose local address is set forth above.
The City and the Contractor are collectively referred to herein as the "parties ".
Witnesseth:
Whereas, the Contractor has entered an agreement to provide services to the
Community Redevelopment Agency of the City of Plant City, Florida pursuant to an
Agreement which Agreement continues to be in effect (hereinafter collectively the "Plant
City Agreement "); and
Whereas, the City desires to retain the Contractor for the work identified in the
specifications and Scope of Services outlined in the Agreement, as made pertinent and
tailored to the City, and for the periods set forth in the Plant City Agreement; and
Whereas, the Plant City Agreement is attached hereto as Exhibit "A" along with the
certain other documents relating thereto to include, but are not limited to, the documents
relating to procurement activities of the City of Plant City which are incorporated herein by
this reference thereto; and
Whereas, the City desires to employ the Contractor for the performance to support
the activities, programs, and projects of the City upon the terms and conditions hereinafter
set forth and in the Plant City Agreement, and the Contractor is desirous of performing and
providing such services upon said terms and conditions; and
Whereas, the Contractor hereby warrants and represents to the City that it is
competent and otherwise able to provide professional and high quality services to the City;
Page 1
Now, Therefore, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is agreed by and between the parties hereto
as follows:
Section 1: Extent Of Agreement/Integration /Amendment.
(a). This Agreement, together with the exhibits, constitutes the entire integrated
Agreement between the City and the Contractor and supersedes all prior written or oral
understandings in connection therewith. This Agreement, and all the terms and provisions
contained herein including, without limitation, the exhibits, constitute the full and complete
agreement between the parties hereto and supersedes and controls over any and all prior
agreements, understandings, representations, correspondence and statements regardless
of whether written or oral.
(b). This Agreement may only be amended, supplemented, or modified by a formal
written amendment.
(c). Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
Section 2: No General City Obligation.
(a). In no event shall any obligation of the City under this Agreement be or constitute a
general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of
the City or a general obligation or indebtedness of the City within the meaning of the
Constitution of the State of Florida or any other applicable laws, but shall be payable solely
from legally available revenues and funds.
(b). The Contractor shall not have the right to compel the exercise of the ad valorem
taxing power of the City.
Section 3: General Provisions.
(a). Each party hereto represents to the other that it has undertaken all necessary
actions to execute this Agreement and that it has the legal authority to enter into this
Agreement, and to undertake all obligations imposed on it. The persons executing this
Agreement for the Contractor certifies /certify that they are authorized to bind the Contractor
fully to the terms of this Agreement.
(b). This Agreement is for the services as described in this Agreement and the Plant City
Agreement and are to be accomplished in accordance with the controlling provisions of law
and as directed by the City to include all labor and materials that may be required.
(c). The Contractor acknowledges that the City may retain other contractors to provide
Page 2
the same types of services for City projects. The City reserves the right to select which
contractor shall provide services for City projects.
(d). The Contractor acknowledges that the City has retained, or may retain, other
contractors and the coordination between said contractors and the Contractor may be
necessary from time -to -time for the successful completion of each Work Order. The
Contractor agrees to provide such coordination as necessary.
(e). The Contractor agrees to provide and ensure coordination between goods /services
providers.
(f). Time is of the essence of the lawful performance of the duties and obligations
contained in this Agreement to include, but not be limited to, each Work Order. The parties
covenant and agree that they shall diligently and expeditiously pursue their respective
obligations set forth in this Agreement and each Work Order.
(g). The Contractor shall maintain an adequate and competent staff and professionally
qualified persons throughout the performance of this Agreement to ensure acceptable and
timely completion of each Work Order.
(h). Requirements for signing and sealing plans, reports and documents prepared by the
Contractor shall be governed by the laws and regulations of Seminole County, City of
Sanford and State regulatory agencies.
(i). No claim for services furnished by the Contractor not specifically provided for herein
shall be honored by the City.
Section 4: Commencement/implementation Schedule Of Agreement.
(a). The Contractor shall commence the provision of services as described in this
Agreement immediately upon execution of this Agreement and a Work Order thereunder.
(b). The Contractor and the City agree to make every effort to adhere to the schedules
established for the various Work Orders as described in each Work Order. However, if the
Contractor is delayed at any time in the provision of services by any act or omission of the
City, or of any employee of the City, or by any other contractor employed by the City, or by
changes ordered by the City, or by strikes, lock outs, fire, unusual delay in transportation,
unavoidable casualties, or any other causes of force majeure not resulting from the
inactions or actions of the Contractor and beyond the Contractor's control which would not
reasonably be expected to occur in connection with or during performance or provision of
the services, or by delay authorized by the City pending a decision, or by any cause which
the City shall decide to justify the delay, the time of completion shall be extended for such
reasonable time as the City may decide in its sole and absolute discretion. It is further
expressly understood and agreed that the Contractor shall not be entitled to any damages
or compensation, of any type or nature, or be reimbursed for any losses on account of any
delay or delays resulting from any of the aforesaid causes or any other cause whatsoever.
Page 3
Section 5: Length Of Agreement.
(a). The term of this Agreement is coextensive with the term of the Plant City Agreement.
(b). The Contractor's services shall begin upon written notification to proceed by the City
as set forth in a Work Order.
(c). The Contractor's services shall be on a Work Order basis and may include matters
such as serving as an expert witness.
Section 6: Description Of Services.
(a). The Contractor agrees to provide the services as outlined and described in this
Agreement all of which are to be provided to the City in accordance with the controlling
provisions of law as more specifically outlined in Exhibit "A" and Work Orders issued
hereunder.
(b). The Contractor shall diligently and in a professional and timely manner perform and
provide the services outlined herein or as included in each subsequently entered Work
Order. Unless modified in writing by the parties hereto, the duties of the Contractor shall not
be construed to exceed the provision of the services pertaining to this Agreement.
(c). The City and the Contractor agree that there may be certain additional services
required to be performed by the Contractor during the performance of the Work Orders that
can not be defined sufficiently at the time of execution of this Agreement. Such services
shall be authorized in writing as a Change Order. The Work Orders may contain addititonal
instructions or provide specifications upon certain aspects of this Agreement pertinent to
the work to be undertaken. Such supplemental instructions or provisions shall not be
construed as a modification of this Agreement.
Section 7: Notices.
(a). Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by registered United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified, and the place for
giving of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this Section.
(b). For the present, the parties designate the following as the representative places for
giving of notice, to -wit:
Page 4
(1). For the City:
City Manager
City of Sanford
City Hall
300 North Park Avenue
Sanford, Florida 32771
(2). For the Contractor:
PPM Consultants, Inc.
2508 Ticheli Road
Monroe, Louisiana 71202
(c). Written notice requirements of this Agreement shall be strictly construed and such
requirements are a condition precedent to pursuing any rights or remedies hereunder. The
Contractor agrees not to claim any waiver by City of such notice requirements based upon
City having actual knowledge, implied, verbal or constructive notice, lack of prejudice, or
any other grounds as a substitute for the failure of the Contractor to comply with the
express written notice requirements herein. Computer notification (e -mails and message
boards) shall not constitute proper written notice under the terms of the Agreement.
Section 8: Work Orders.
(a). The provision of services to be performed under this Agreement may commence
immediately upon the execution of this Agreement or a Work Order as directed and
determined by the City. Services to be provided by the Contractor to the City shall be
negotiated between the Contractor and the City. Each Work Order shall reference this
Agreement by title and date, include a detailed description of quantities, services, and a
completion schedule, and will be provided on the Contractor's letterhead. Services
described in said Work Order will commence upon the issuance of a City Notice -to-
Proceed.
(b). If the services required to be performed by a Work Order is clearly defined, the Work
Order shall be issued on a "Fixed Fee" basis. The Contractor shall perform all services
required by the Work Order but in no event shall the Contractor be paid more than the
negotiated Fixed Fee amount stated therein.
(c). The Contractor and the City agree to make every effort to adhere to the schedule
established for the various Work Orders described in the Work Order.
(d). If the services are not clearly defined, the Work Order may be issued on a "Time
Basis Method" and contain a Not -to- Exceed amount. If a Not -to- Exceed amount is
provided, the Contractor shall perform all work required by the Work Order; but in no event
shall the Contractor be paid more than the Not -to- Exceed amount specified in the
applicable Work Order.
Page 5
(e). For Work Orders issued on a "Fixed Fee Basis," the Contractor may invoice the
amount due based on the percentage of total Work Order services actually performed and
completed; but in no event shall the invoice amount exceed a percentage of the Fixed Fee
amount equal to a percentage of the total services actually completed.
(f). For Work Orders issued on a "Time Basis Method" with a Not -to- Exceed amount, the
Contractor may invoice the amount due for actual work hours performed; but in no event
shall the invoice amount exceed a percentage of the Not -to- Exceed amount equal to a
percentage of the total services actually completed.
(g). Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a Not -
to- Exceed amount shall be treated separately for retainage purposes. If the City determines
that work is substantially complete and the amount retained, if any, is considered to be in
excess, the City may, at its sole and absolute discretion, release the retainage or any
portion thereof.
(h). For Work Orders issued on a "Time Basis Method" with a Limitation of Funds
amount, the Contractor may invoice the amount due for services actually performed and
completed. The City shall pay the Contractor one hundred percent (100 %) of the approved
amount on Work Orders issued on a "Time Basis Method" with a Limitation of Funds
amount.
Section 9: Change Orders.
(a). The City may revise the description of services set forth in any particular Work
Order.
(b). Revisions to any Work Order shall be authorized in writing by the City as a Change
Order. Each Change Order shall include a schedule of completion for the services
authorized. Change Orders shall identify this Agreement and the appropriate Work Order
number. The Change Orders may contain additional instructions or provisions specific upon
certain aspects of this Agreement pertinent to the services to be provided. Such
supplemental instructions or provisions shall not be construed as a modification of this
Agreement. An agreement between the parties on and execution of any Change Order
shall constitute a final settlement and a full accord and satisfaction of all matters relating to
the change of work and /or services and to the impact of the change on unchanged goods
and /or work including, but not limited to, all direct and indirect costs of whatever nature and
all adjustments to the Contractor's schedule.
(c). If instructed by the City, the Contractor shall change or revise work that has been
performed, and if such work is not required as a result of error, omission or negligence of
the Contractor, the Contractor may be entitled to additional compensation. The Contractor
must submit for City approval a revised proposal with a revised fee quotation. Additional
compensation, if any, shall be agreed upon before commencement of any such additional
work and shall be incorporated into the work by Change Order to the Work Order.
Page 6
Section 10: Compensation.
(a). Compensation to the Contractor for the services performed on each Work Order
shall be as set forth the Work Order /Change Order or as set forth in the Plant City
Agreement which enumerates rates and charges of the Contractor.
(b). The City shall not pay for reimbursable items such as gas, tolls, mileage, meals, etc.
and other items not directly attritbutable to items produced for each Work Order.
(c). Work performed by the Contractor without written approval by the City's designated
representative shall not be compensated. Any work performed by the Contractor without
approval by the City is performed at the Contractor's own election.
(d). In the event the City fails to provide compensation under the terms and conditions of
this Agreement, the Contractor shall notify the City's designated representative in order that
the City may take remedial action.
Section 11: Invoice Process.
(a). Payments shall be made by the City to the Contractor when requested as work
progresses for services furnished, but not more than once monthly. Each Work Order shall
be invoiced separately. The Contractor shall render to the City, at the close of each
calendar month, an itemized invoice properly dated, describing all services rendered, the
cost of the services, the name and address of the Contractor, Work Order Number,
Contract Number and all other information required by this Agreement.
(b). Invoices which are in an acceptable form to the City and without disputable items will
be processed for payment within thirty (30) days of receipt by the City.
(c). The Contractor will be notified of any disputable items contained in invoices
submitted by the Contractor within fifteen (15) days of receipt by the City with an
explanation of the deficiencies.
(d). The City and the Contractor will make every effort to resolve all disputable items
contained in the Contractor's invoices.
(e). Each invoice shall reference this Agreement, the appropriate Work Order and
Change Order if applicable, the billing period, and include the Project Status Report for the
period being billed.
(f). The Florida Prompt Payment Act shall apply when applicable.
Page 7
(g). Invoices are to be forwarded directly to:
Finance Director
City Hall
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Section 12: Severability /Construction.
(a). If any term, provision or condition contained in this Agreement shall, to any extent,
be held invalid or unenforceable, the remainder of this Agreement, or the application of
such term, provision or condition to persons or circumstances other than those in respect of
which it is invalid or unenforceable, shall not be affected thereby, and each term, provision,
and condition of this Agreement shall be valid and enforceable to the fullest extent
permitted by law when consistent with equity and the public interest.
(b). All provisions of this Agreement shall be read and applied in pari materia with all
other provisions hereof.
(c). Violation of this Agreement by the Contractor is recognized by the parties to
constitute irreparable harm to the City.
(d). Venue for any lawsuit arising under this Agreement shall be in the Circuit Court in
and for Seminole County, Florida, with regard to State actions, and in the United States
District Court for the Middle District of Florida (Orlando) with regard to Federal actions.
Section 13: Indemnity.
(a). To the fullest extent permitted by law, the Contractor shall indemnify, hold harmless,
and defend the City, its agents, servants, officers, officials, and employees, or any of them,
from and against any and all claims, damages, losses, and expenses including, but not
limited to, attorneys fees and other legal costs such as those for paralegal, investigative,
and legal support services, and the actual costs incurred for expert witness testimony
arising out of or resulting from the performance or provision of services required under this
Agreement, provided that same is caused in whole or part by the error, omission, negligent
act, failure to act, malfeasance, misfeasance, conduct, or misconduct of the Contractor, its
agents, servants, officers, officials, employees, or subcontractors. The City does not waive
its right to assert consquential damages against the Contractor.
(b). In accordance with Section 725.06, Florida Statutes, adequate consideration has
been provided to the Contractor for this obligation, the receipt and sufficiency of which is
hereby specifically acknowledged.
(c). Nothing herein shall be deemed to affect the rights, privileges, and immunities of the
City as set forth in Section 768.28, Florida Statutes.
Page 8
(d). In claims against any person or entity indemnified under this Section by an employee
of the Contractor or its agents or subcontractors, anyone directly or indirectly employed by
them or anyone for whose acts they may be liable, the indemnification obligation under this
Section shall not be limited by a limitation on amount or type of damages, compensation, or
benefits payable by or for the Contractor or its agents or subcontractors, under workers
compensation acts, disability benefits acts, or other employee benefit acts.
(e). The execution of this Agreement by the Contractor shall obligate the Contractor to
comply with the indemnification provision in this Agreement; provided, however, that the
Contractor shall also comply with the provisions of this Agreement relating to insurance
coverages.
Section 14: Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which, taken together, shall constitute one and the same
document.
In Witness Whereof, the parties hereto have made and executed this Agreement
on the respective dates under each signature with the City acting through its City
Commission and the Contractor signing by and through its duly authorized corporate officer
having the full and complete authority to execute same.
SIGNATURE PAGE FOLLOWS
Page 9
Agreement By PPM Consultants, Inc.
Attest: PPM Consultants, Inc.
By:
Pwfy L. Todd P(. -� Keith D. Pyron
Secretary President
itn s Printed Name: E1 z he qi 6r I
Attest:
QAttA - aj-�
J et Dougherty, City Verk q 3 -/o'L
nd le alit .
--
t`Attorn
- - _,
Date: '7/16
City Of Sanford
i t ,
Jeff Triplett
q -
Date
Page 10
For use and reliance of the
Sanford City Commission only.
AGREEMENT
THIS AGREEMENT is entered into this 7 day of October, 2009, by and between the
City of Plant City, a Florida municipal corporation {`City") and PPM Consultams, Inc.. whose
address is 6220 S. Orange Blossom Trail, Suite 516, Orlando, FL 32809 ( "Consultant ").
WHEREAS, City desires to retain the Consultant to render certain services, as described
herein; and
WHEREAS, the Consultant represents that Consultant is qualified, willing and able to
provide the described services according to the terms of this Agreement; it is therefore agreed
that:
I. SCOPE OF AGREEMENT The parties agree that the purpose of this Agreement
is for the Consultant to provide to the City the services described in the Proposal dated
September 3, 2009 ( "Proposal") in response to Requests for Proposals City of Plant City RFP
No. 09- 92683 -001 dated August 3, 2009 ( "RFP "). The terms of the Proposal and RFP are
incorporated herein by this reference. The services performed by the Consultant shall be in
compliance with all applicable federal, state and local laws and regulations.
H. COMMENCEMENT AND PROGRESSION OF WORK Work performed by
the Consultant will commence on or before November 1, 2009 and pursuant to the Proposal and
RFP, progress according to a mutually agreeable work schedule, and be completed on or before
September 30, 2012. Time is of the essence to this Agreement.
111, PAYMENTS TO THE CONSULTANT The total cost for the Consultant's
services under the Proposal to the City shall not exceed $200,000.00. Services, as noted in
Exhibit "A" ( "Scope of Services "), shall be authorized on a Task Assignment basis. The method
of payment for task assignments may be a combination of fee schedule, fixed price and cost-
plus-fixed-fee as specified in each specific task assignment. All other services shall be as agreed
by the City and the Consultant, The Hourly Rates of Consultant shall be as quoted in the
Proposal. Payments shall be paid upon completion of each phase described in the Proposal upon
certification by the City Manager that all work has been performed In accordance with the tenor
of this Agreement.
IV. WAIVER AND MODIFICATION CLAUSE Any waiver, modification or
cancellation ofany term or condition of this Agreement, including but not limited to changes in
the services to be performed by the Consultant pursuant to the Proposal and RFP and increases or
decreases in the Consultant's compensation, must be agreed to in writing and signed by both
parties in order to be effective.
T
V. TERMINATION.
A. If the City materially breaches this Agreement, the Consultant may
terminate the Agreement and shall thereafter be entitled only to compensation for services
actually performed hereunder prior to such breach, together with out -of- pocket costs expended.
Consultant expressly waives any and all other claims and remedies against the City, including
incidental and consequential damages. Consultant shall give written notice to the City of any
alleged breach and the City shall have ten (10) days from the date of such notice in which to cure
the breach before Consultant may proceed under this paragraph.
H. Ifthe Consultant materially breaches this Agreement, the City may
terminate the Agreement and shall thereafter have available to it all rights and remedies in law
and equity, the exercise of which shall be cumulative rather than exclusive. The City shall give
written notice to the Consultant of any alleged breach and the Consultant shall have ten (10) days
from the date of such notice in which to cure the breach before the City may proceed under this
paragraph.
C. The City may terminate this agreement without regard to cause
e'termination for convenience "), provided that in such event, the City shall pay compensation for
services actually performed hereunder prior to such termination, together with out-of-pocket
costs expended.
VI. CONSTRUCTION This agreement shall be governed by the laws, rules and
regulations of the State of Florida.
VII. INSIMNCE The Consultant shall secure and maintain such insurance as
required under applicable Workers' Compensation Acts and Unemployment Compensation Acts
and any other federal, state, or local laws or ordinances.
VIII. INDEMNIFICATION The Consultant shall be liable for, and shall indemnify,
defend and hold the City harmless from all claims, suits, judgments or damages, including court
costs and reasonable attorneys' fees, arising out of the Consultant's errors, omissions or
negligent acts of the Consultant, its agents and employees, in performance of this Agreement.
IX STATEMENT OF ASSURANCE During the performance of this Agreement,
the Consultant assures the City that Consultant is in compliance with Title VII of the 1964 Civil
Rights Act, as amended, and the Florida Human Rights Act of 1977; and that Consultant does
not discriminate in any form or manner against Consultant's employees or applicants for
employment on the grounds of race, color, national origin, religion, sex, age, handicap, or martial
status. This Agreement is expressly conditioned upon the veracity of this Statement of
Assurance and the Consultant's compliance with Title VII of the Civil Rights Act of 1964 when
federal grant(s) islare involved. Other applicable Federal and State laws, Executive Orders and
regulations prohibiting such discrimination are also included by this reference. This Statement
of Assurance shall be interpreted to include Vietnam -Era Veterans and Disabled Veterans within
its protective range of applicability.
2
With a copy to:
Kenneth W. Buchman, Esquire
City Attorney
City of Plant City
302 West Reynolds Street
Plant City, Florida 33563
Consultant:
Roy H. Therrien, P.G.
District Manager
PPM Consultants, Inc.
6220 S. Orange Blossom Trail, Suite 516
Orlando, FL 32809
XVI. SUCCESSORS AND ASSIGNMENTS The covenants contained in this
Agreement are binding on the parties and their respective successors, legal representatives and
assignees, if any; provided however, that this agreement may not be assigned by Consultant to
any third party without the prior written consent of the City.
XVII. 9LPQR. All data, reports, and other information generated in connection with
Consultant's performance under this Agreement is the property ofthe City.
IN WITNESS WHEREOF, parties have caused this instrument, consisting of this
Agreement and the attached Exhibit(s) to be executed by themselves or their duly authorized
officers or agents and their seals to be affixed hereunto the day and year first written above.
ATTEST:
We ' I, Miller
City Clerk
City:
By:
Da Ad R. Sollenberger
City Manager
Consultant:
PPM Consultants, Inc.
By: 4
Keith P on, P.G.
Principal /Senior Geologist
Approved as form and correctness:
Kenneth W. 85 man
City Attorney
4
X. PUBLIC ENTITY CRIMES In accordance with Section 287.1.33, Florida Statutes,
any person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public work; may not submit
bids, proposals, or replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of
thirty six (36) months from the date of being placed on the convicted vendor list.
By execution of this agreement, Consultant assures the City that none of its officers,
directors, executives, partners, shareholders, employees, members, or any of its agents who are
active in management have been convicted of a public entity crime. In the event that any of its
officers, directors, executives, partners, shareholders, employees, members, or any agents who
are active in management are +convicted of a public entity crime, the Consultant shall
immediately notify the City.
XI. SEVERABILITY If any provision of this Agreement is held invalid, the
remainder of the Agreement shall not be affected thereby if such remainder would then continue
to conform to the terms and requirements of applicable law.
XI1. NON- WAIVER. No failure by City to insist upon the strict performance of any
term or condition of this Agreement or to exercise any right or remedy available upon a breach
hereof, shall constitute a waiver of any such breach or of any such term or condition. No waiver
of any breach shall affect or alter any term or condition in this Agreement, and each such term or
condition shall continue in full force and effect with respect to any other then existing or
subsequent breach thereof.
XIII. RELATIONSHIP Of THE PARTIES Nothing contained in this contract shall be
deemed or construed to create the relationship between the parties of principal and agent, or of
partnership or joint venture, or of employer and employee. It is expressly agreed that the
relationship of the Consultant to the City is that of an independent contractor.
XIV. VENUE Venue for any action to enforce this Agreement shall be Hillsborough
County, Florida.
XV. NQTICES . All notices required or permitted hereunder shall be in writing and
shall be deemed to have been duly delivered hereunder if mailed by first class certified mail,
postage prepaid, to the respective parties at the respective addresses:
City:
David R. Sollenberger, City Manager
302 West Reynolds Street
Plant City, FL 33563
3
EXHIBIT "A"
Scope of Services
TASK 1: COMMUNITY OUTREACH
rable:
Coordinate community workshops(s) in targeted neighborhoods and provide educational
materials far public information.
Task activities reflect project tasks directly related to keeping stakeholders informed and
educated about brownfield redevelopment activities in their communities. The City envisions
establishing a Brownfields Advisory Committee consisting of local elected officials,
community redevelopment agency representatives, economic development organizations,
public health officials, developers, bankers, chamber of commerce, environmental advocates,
and community -based organizations. The Brownfields Advisory Committee will play a
critical role in prioritizing and recommending projects for assessment funding.
This task carries forward throughout the entire period of the City's EPA Brownfields Program
grant. To the extent that the City deems it necessary, the Consultant, under a specific Task
Assignment, may be required to assist City staff in various public outreach activities that will
be defined as the program evolves over time.
TASK 2: PHASE I ENVIRONMENTAL SITE ASSESSMENTS
Deliverable
Draft and Final EM Report(s).
The Consultant shall prepare an inventory of prospective sites and complete Phase I
Environmental Site Assessments (ESA) on up to ton (10) eligible petroleum brownfield sites
identified in the Plant City Brownfields Program. The Phase I environmental site assessment
and report must be conducted in accordance with American Society of Testing and Materials
(ASTM) standard E- 152 -05, "Standard Practices for Environmental Site Assessment: Phase 1
Environmental Site Assessment Process ", or EPA's "All Appropriate Inquiries Final Rule".
State of Florida Department of Environmental Protection (FDEP) requirements may also
apply in specific instances.
The Consultant must also develop and maintain a Brownfields Property Profile form (OMB
Dorm 2050 -0192, EPA Form 9310 -3) for each property, which is assessed during the contract
period. The Property Profile contains specific property information which the City will
submit to EPA along with its regular Quarterly Reports.
TASK 3: PHASE II ENVIRONMENTAL SITE ASSESSMENTS
Deliverables
1. Schedule for Phase 11 Environmental Site Assessments.
2. Draft and Final Phase 11 Work Plan which includes Health and Safety Plan and EPA
Quality Assurance Project Plan.
3. Draft and final Phase 11 Environmental Site Assessment Reports
If found necessary, Phase 11 Environmental Site Assessments may be required to be conducted
to evaluate and address potential concerns identified in previous Phase I ESA's completed in
Task 2. The Consultant will then conduct environmental assessments and remediation
planning on selected sites in accordance with EPA requirements for ensuring quality,
sampling, appropriateness and health and safety. A. Phase It environmental site assessment, if
warranted by findings in the Phase 1 assessments, is designed to further define the nature and
extent of the risk and, if appropriate to make a preliminary judgment about the methods and
cost of cleaning the site (addressed in Task 4: Cleanup Planning).
All sampling and testing shall be conducted in accordance with quality standards prescribed
by the FDEP. It is required that Phase 11 ESA reports include potential remedial alternatives
to address areas of confirmed environmental impairment (where appropriate) and detailed oust
estimates to conduct such remedial actions (see Task 4: Cleanup Planning).
4. Analysis and Evaluation
Conduct Phase Il ESA's in accordance with appropriate ASTM standards on selected sites.
Develop a Phase Il work plan, including a Quality Assurance Project Plan (QAPP) that is
consistent with the "EPA, Region 4, Standard Operating Procedures and Quality Assurance
Manual" and "Quality Assurance Guidance for Conducting Brownf cids Site Assessments
EPA 530- R- 038(PB98-963307) September 1998" or "EPA Guidance on Quality Assurance
Project Plans (QA/G -5) (EPA 1998)" and later revisions.
The work plan will also include a health and safety plan and site - specific sampling plan(s).
The Consultant will need to work closely with City, EPA and/or FDEP to review and revise
their work plan in order to secure the required EPA approval in advance of their
implementation.
5, Public Outreach.
Develop /compile information in formats useful for education of specific audiences -
stakeholders, news media, public officials and property owners, including such things as.
common terms, assessment and cleanup processes, working with FDP-P in the Voluntary
Cleanup Program, tremediation options, innovative technologies, costs of potential remedial
actions, etc.
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TASK 4: CLEANUP PLANNING
Deliverables
.U,-aft and Final Cleanup Plan (s).
Activities and costs associated with this task relate to pre - remedial planning as needed on
identified brownfield sites that participate in the City of Plant City Brownfields Program.
Cleanup planning activities will be limited to identifying potential cleanup options and
estimating cleanup costs related to the site mmediation. Plans developed must be internally
consistent with the overall community redevelopment plan for the proposed brownfeld sites
or area, as identifed by the local government or eligible entity. Furthermore, the proposed
cleanup plans and the ultimate sustainable reuse of the brownfieid sites will have
demonstrated community support.
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AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT, by and between the Community Redevelopment Agency of the
City of Plant City, a body politic and corporate of the State of Florida and a community
redevelopment agency created pursuant to Chapter 163, Part III, Florida Statutes, which
has an address of 302 W. Reynolds Street, Plant City, Florida 33563 (the "Client") and PPM
Consultants, Inc., whose address is 6220 S. Orange Blossom Trail, Suite 516, Orlando,
Florida 32809, (the "Consultant "), under which the Consultant will perform the services
described in Exhibit A attached hereto as from time to time amended in writing and made a
part hereof (the "Services "), is as follows:
SECTION ONE
PERFORMANCE OF SERVICES
..
Consultant and its chemists, geologists, engineers, technicians, and other employees
and consultants and subcontractors shall be well- versed and knowledgeable in all
laws and regulations relating to the environment, human health, welfare and /or
safety applicable to the Services, including, but not limited to, the federal Resource
Conservation and Recovery Act ( "RCRA "), the federal Toxic Substances Control Act
( "TSCA "), the federal Comprehensive Environmental Response, Compensation and
Liability Act ( "CERCLA "), and other federal, state and local laws and regulations
applicable to the Services. The Services and all acts of the Consultant, its employees,
subcontractors, agents and representatives shall at all times comply with applicable
laws and regulations relating to the environment, human health, welfare and /or
safety and other applicable laws, codes, ordinances, regulations and directives of
governmental authorities and agencies with jurisdiction over the Consultant's
Services and /or the site or materials involved ( "Applicable Laws ").
1.2 T1M
Time is of the essence. The Consultant shall perform its work as expeditiously as is
consistent with professional skill and care and the orderly progress of the work and
in accordance with the approved compensation and specific time requirements in
this Agreement The Consultant shall furnish oral progress reports of the results of
the site activity to James R. McDaniel, Community Services Director promptly upon
completion of each activity. The Consultant shall furnish oral reports immediately if
the Consultant, based on on -site inspection or other information obtained by the
Consultant, suspects the presence of conditions at the site which require additional
action under Applicable Laws or which will exceed approved compensation.
Page 1
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2.1 Unless mutually agreed upon otherwise in writing, the Fee Schedule dated and
attached here as a part of Exhibit B shall govern the hourly rates and the total cost
for the tasks involved. no circumstance--shall the Consultant's fees and
charges exceed the amounts in Exhibit B without the written approgal of the
Executive Director Gregory S Horwedel or his written designee 6; a "Executive
Director"), and no person is authorizer) to act on the Client's behalf to orally approve
any additional costs. Should time expect costs to exceed the Price
for a particular task the Consultant should cease work as soon as possible and
provide written notice of such possible exceedances and not proceed until the
exceedances is approved in writing by Client. The Consultant may from time to time
be asked to provide Services to Client in connection with other tasks or sites. When
requested, the Consultant shall provide detailed costs for each task associated with
each such work assignment and shall proceed with the work only after such
descriptions and costs are approved in writing by the Client requesting the work.
2.2 The Services provided hereunder shall be accomplished at a total project price and
shall not exceed the price set forth in Exhibit B to this Agreement, without written
authorization from the Executive Director, including the discovery of unforeseen
conditions which may result in additional costs beyond the sum specified herein.
Additional work or expenditures must be approved by the Executive Director.
2.3 Payments shall be made upon completion of each Task described in Exhibit B after
certification by the Executive Director that all work has been performed in
accordance with the terms of this Agreement. The Consultant shall be responsible
for submitting a clear and precise invoice to the Client detailing accomplishments
and charges incurred in connection with the Services performed. If the Services
have been performed in accordance with the terms and conditions of this
Agreement, then the Client shall remit payment to the Consultant within twenty
(20) days of receipt of such invoice.
SECTION THREE
CONSULTANT'S RESPONSIBILITIES
3.1 The Consultant shall comply with the insurance requirements set forth in Exhibit D
which is attached hereto and made a part hereof. For all coverage provided in
Exhibit D, the Client shall be named as additional insured on the Consultant's
coverage and a certificate evidencing same shall be provided to the Client. The
Consultant shall require each of its consultants, independent contractors, and
subcontractors to comply with each of the insurance requirements under Exhibit D,
and to provide proof of insurance. The Consultant shall require each of its
Page 2
contractors, independent contractors, and subcontractors to name the Client as
additional insured under the applicable policy in keeping with Exhibit D, Sections 1
through 4, and shall furnish to the Client copies of the certificates of insurance
demonstrating such fact.
3.2 In the performance of its Services under this Agreement, the Consultant shall
exercise that degree of skill and care ordinarily exercised by professional
environmental response and consulting firms practicing under similar conditions in
Florida. All field work and the preparation of the Consultant's reports shall be
performed under the full -time supervision of a registered professional geologist or
other licensed or certified professional as required by Applicable Laws. The
Consultant shall be responsible to the Client for loss, damage and expense suffered
by the Client which is directly attributable to the Consultant's failure to adhere to
this standard.
3.3 If the Client is a party to any litigation involving the Services to be performed by the
Consultant under this Agreement, the Consultant waives any right to contest its
joinder in such action on the grounds of improper personal jurisdiction or venue.
3.4 The provisions of this section shall survive the expiration or any termination of this
Agreement, subject to any applicable statute of limitations.
WO "ITO
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4.1 Nothing in this Agreement shall be construed to impose any liability whatsoever
upon the Client to any persons, firms, associations, or corporations engaged by the
Consultant, their employees, servants, agents or independent contractors, or in any
other capacity whatsoever, or to make the Client liable to any such persons, firms,
associations, or corporations, or to any government, for the negligent acts,
omissions, liabilities, obligations or taxes of the Consultant of whatsoever nature,
including, without limitation, unemployment and disability insurance and Social
Security taxes of the Consultant, its employees, servants, agents or independent
contractors.
4.2 The provisions of this section shall survive the expiration or any termination of this
Agreement, subject to any applicable statute of limitations.
SECTION FIVE
INDEMNITY
5.1 To the fullest extent permitted by law, the Consultant shall protect, defend,
indemnify and hold the Client and their trustees, beneficiaries, employees and
Page 3
agents, shareholders, officers, directors, harmless from any and all injuries,
liabilities, obligations, damages, penalties, claims, costs, charges and expenses
(including actual fees and expenses of attorneys, expert witnesses and other
consultants) which may be imposed upon, incurred by or asserted against the Client
arising from any negligent or willful act, error or omission of the Consultant in
rendering the Services by the Consultant under this Agreement including, by way of
example and not limitation, visits to or activities on the site, the preparation or
approval of reports, designs, recommendations; the giving of, or failure to give,
directions by the Consultant, its employees, servants, agents, independent
contractors or subcontractors; and any negligent or willful act, error or omission of
the Consultant, its employees, servants, agents, independent contractors or
subcontractors.
5.2 The provisions of this section shall survive the expiration or any termination of this
Agreement, subject to any applicable statute of limitations.
SECTION SIX
CONFIDENTIAL INFORMATION
6.1 CONFIDENTIAL-INFORMATION
In order that the Consultant may effectively fulfill its covenants and obligations
under this Agreement, it may be necessary or desirable for the Client, or their agents
to disclose or cause disclosure of confidential and proprietary information to the
Consultant pertaining to the Client's past, present and future activities. Because it is
difficult to separate confidential and proprietary information from that which is not,
the Consultant shall instruct its employees and agents to regard all information
gained by each such person, as a result of services rendered hereunder, as
information which is confidential and proprietary to the Client and not to be
disclosed to any organization or individual without the prior consent of the Client.
Further, the Consultant agrees to keep confidential all trade, process and business
secrets of the Client.
In connection with any discussions or negotiations, and /or in connection with the
performance of any arrangement should the Consultant enter into any business
arrangement with the Client, the Consultant may be provided with or have access to
certain non - public information about the properties, operations, business, prospects
and plans of the Client. All information about the Client to which the Consultant is
given access or provided by the Client or their respective affiliates, directors,
officers, employees, agents, representatives or controlling persons (such affiliates
and other persons collectively referred to herein as the "Representatives "), whether
furnished before or after the date hereof, and regardless of the manner in which
access is given or by which it is furnished, is referred to in this Agreement as
Page 4
"Proprietary Information." Proprietary Information includes any analyses,
compilations, studies or other documents prepared by the Consultant which contain
or otherwise reflect such Proprietary Information. The Consultant agrees that the
Proprietary Information will be kept confidential and not disclosed by the
Consultant without the Client's consent except to the extent that such disclosure is
required by applicable law or regulation and then only after prior notice to and
consultation with the Client.
In the event that the Consultant is requested in any legal proceeding to disclose any
Proprietary Information, it will give the Client prompt notice of such request so that
the Client may seek an appropriate protective order. It is further agreed that if in
the absence of a protective order the Consultant is nonetheless compelled to
disclose the Proprietary Information, the Consultant may disclose such information
without liability hereunder (provided that the Consultant gives the Client written
notice of the information to be disclosed as far in advance of its disclosure as is
practicable and, upon the Client's request, uses its best efforts to obtain assurances
that confidential treatment will be accorded to such information).
6.2 SURVIVAL
The provisions of this section shall survive the expiration or any termination of this
Agreement, subject to any applicable statute of limitations.
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It is understood and acknowledged that all reports, logs, charts, drawings, designs
and like documents prepared and paid for pursuant to this Agreement shall, from
the inception, become and be the property of the Client, and the Consultant hereby
expressly waives any claim of ownership of or right to such reports, logs, charts,
prints, models, drawings, specifications or right to the representation of expression
thereof, to which it might otherwise be entitled. The Consultant shall have the right
to retain copies of documents prepared pursuant to this Agreement.
VRAW / :Z I I z Iry WA
Any disputes between the parties to this Agreement shall be governed by the laws of
the State of Florida and both the Consultant and the Client agree that resort to
litigation in connection with this Agreement will be only to courts of Hillsborough
County, Florida.
Page 5
The Consultant binds itself, its partners, successors, permitted assigns and legal
representatives to this Agreement and to the Client with respect to all covenants in
this Agreement, provided, however, that the Client reserves the right to assign this
Agreement to an entity reasonably capable . of performing the Clients obligations
hereunder, and upon such assignment, the Client shall have no further responsibility
for the obligations hereunder. Except as expressly provided in this Agreement, the
Consultant shall not assign, sublet or transfer any interest in this Agreement without
the written consent of the CIient.
7.4 NaTICES
Any notice required to be given or which may be given to the Client pursuant to this
Agreement shall be forwarded in writing, by personal delivery or by certified mail,
return receipt requested to:
Gregory S. Horwedel
Executive Director
Community Redevelopment Agency of the
City of Plant City
302 West Reynolds Street
Plant City, FL 33563
With a copy to:
Kenneth W. Buchman, Esq.
City Attorney
City of Plant City
302 West Reynolds Street
Plant City, FL 33563
until the Client shall advise the Consultant otherwise in writing, complying with the
provisions of this section.
Page 6
Any such notice required to be given or which may be given to the Consultant shall
be forwarded in writing, by personal delivery or by certified mail, return receipt requested,
to:
Keith Pyron, P.G.
Principal /Senior Geologist
PPM Consultants, Inc.
6220 S. Orange Blossom Trail
Suite 516
Orlando, FL 32809
until the Consultant shall advise the Client otherwise in writing, complying with the
provisions of this section.
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(1) The Client and the Consultant acknowledge that it may be necessary for the
Consultant to disturb the site or materials thereon as necessary to perform
sampling under this Agreement. The Consultant shall take reasonable steps
as necessary to prevent injury to persons and damage to the site, including
surface and subterranean structures and features, and shall take steps as
may be reasonably necessary to restore the site for any disturbances
resulting from the ConsuItant's actions.
(2) Prior to conducting the Services, the Consultant shall confirm plans for
access times with the Client and verify on its own that all contemplated
actions are in keeping with Applicable Laws.
(3) It is agreed the Consultant has a duty to contact a utility locator service prior
to the Consultant's undertaking any site work.
7.6 SAMPLE HANDLING AND RETENTION
The Consultant shall retain samples and other tests samples and specimens
(including the residue therefrom) properly packaged and preserved, as applicable,
for thirty (30) days after submission of the Consultant's final report. After such
thirty (30) day period and upon written request of the Client, the Consultant shall
retain specimens and samples for such period of time as the Client may request. The
Client shall pay the Consultant for reasonable storage fees for any samples retained
after such thirty (30) day period. The Consultant shall handle, store, and dispose of
samples and specimens in accordance with Applicable Laws. The Consultant shall
be responsible for proper disposal of all samples in accordance with Applicable
Laws.
Page 7
" 1 1
In the event legal action is brought by either party against the other, the prevailing
party shall be entitled to recover, as part of its damages, reasonable attorneys' fees,
paralegal fees, and costs incurred in bringing and maintaining any such action,
including those incurred out of court, at trial, at retrial, on rehearing, or on appeal,
or collection of judgments.
The Consultant shall provide copies of any Manifest(s), as may be required under
Applicable Laws, or any other documentation, including Certificates of Disposal for
the disposal facility, which confirm the receipt of any waste or other materials by
the licensed transporter and treatment and disposal facility, identified by the
Consultant as capable of accepting the waste or other materials and properly
disposing of same in accordance with all Applicable Laws.
7.13 SEVERABILITY
If any provision of this Agreement is deemed invalid or unenforceable, the
remaining provisions of this Agreement shall remain in full force and effect.
7.14 SEPARATE DOCUMENTS
This Agreement may be executed in two (2) or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the
same instrument.
I A ' •
During the performance of this Agreement, the Consultant assures the Client that
the Consultant is in compliance with Title VII of the 1964 Civil Rights Act, as
amended, and the Florida Human Rights Act of 1977; that the Consultant does not
on the grounds of race, color, national origin, religion, sex, age, handicap, or marital
status, discriminate in any form or manner against Consultant's employees or
applicants for employment. This Agreement is expressly conditioned upon the
veracity of this Statement of Assurance and the Consultant's compliance with Title
VII of the Civil Rights Act of 1964 when federal grant(s) is /are involved. Other
applicable Federal and State laws, Executive Orders and regulations prohibiting
such discrimination are also included by this reference. This Statement of
Assurance shall be interpreted to include Vietnam -Era Veterans and Disabled
Veterans within its protective range of applicability.
Page 9
I Q7.1 o 1
The Consultant shall take reasonable precautions as necessary to avoid
contamination of surface or subsurface areas resulting from sampling or other
operations of the Consultant at the site and to avoid spreading any hazardous or
other materials regulated under Applicable Laws.
7.8 FAILURE TO ENCOUNTER CONTAMINATION
The Consultant shall conduct sampling and other Services under this Agreement in a
manner reasonably calculated to discover the presence, if any, of hazardous wastes
or other regulated substances and other pollutants. If the Consultant determines
during sampling that additional sampling is reasonably necessary to determine the
presence of such substances and pollutants, the Consultant shall promptly notify the
Client However, any increased in the scope of work and /or costs must be approved
in writing by the Client in keeping with this Agreement
7.9 UNFORESEEN OCCURRENCES
If, during the performance of the Services under this Agreement, unforeseen
hazardous or other regulated substances or constituents or other conditions or
occurrences which were not reasonably anticipated are encountered which, in the
Consultant's reasonable judgment, significantly affect or may affect the performance
of Services, the risk involved in providing Services, or the recommended scope of
Services, the Consultant shall immediately notify the Client
IN .v 10 ;
This Agreement represents the entire and integrated agreement between the Client
and the Consultant and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement specifically supersedes all term
and conditions proposed by the Consultant in any proposal letter attached hereto.
This Agreement may be amended only by written instrument signed by both the
Client and the Consultant. The Client or the Consultant may request modifications
or changes in the scope of Services to be performed under this Agreement Any
changes which are mutually agreed upon shall be incorporated into this Agreement
using a written modification or addendum signed by both the Consultant and the
Client.
Page 8
7.16 PUBLIC ENTITY CRIMES
In accordance with Section 287.133, Florida Statutes, any person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity, may not submit a bid, proposal, or reply on a contract
with a public entity for the construction or repair of a public building or public
work, may not submit bids, proposals, or replies on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six
(36) months from the date of being placed on the convicted vendor list.
By execution of this agreement, the Consultant assures the Client that none of its
officers, directors, executives, partners, shareholders, employees, members, or any
of its agents who are active in management has been convicted of a public entity
crime: In the event that any of its officers, directors, executives, partners,
shareholders, employees, members, or any agents who are active in management is
convicted of a public entity crime, the Consultant shall immediately notify the Client.
SECTION EIGHT
TERMINATION OF AGREEMENT
8.1 This Agreement may be terminated by the Client for any reason upon at least seven
days written notice to the Consultant.
8.2 In the event of termination not the fault of the Consultant, the Consultant shall be
compensated for all Services performed in accordance with this Agreement to
termination date and for reasonable unavoidable costs incurred by the Consultant to
terminate the Services performed under this Agreement. Such payment shall be the
sole and exclusive remedy of the Consultant.
8.3 The Consultant may terminate this Agreement upon at least thirty (30) days written
notice in the event the Client fail to compensate the Consultant in accordance with
the terms herein stated, or in the event of any breach of this Agreement by the
Client.
Page 10
IN WITNESS WHEREOF, the parties hereto execute this Agreement on this/ft- day
of January, 2012.
ATTEST:
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Kerri .Miller
City Clerk
Community Redevelopment Agency
of City of Plant City
By:
Grego S. orwedel
Executive Director
Approved as to form and correctness:
Kenneth W. Buchman
City Attorney
As Attorney for CRA
Date: I dzzj Z
PPM Consultants, Inc.
By:
Kith Pyron, FG.
Principal/Senior Geologist
Date: l 412
Page I1
EXHIBIT A
SCOPE OF SERVICES
Work performed under this Scope of Services is funded, in part, by a Brownfields Cleanup Grant
from the U. S. Environmental Protection Agency. The project period for this grant, BF-
95481711-0, is October 1, 2011 to September 30, 2014. Therefore, to meet the project deadline,
the Consultant shall commence work on or before February 1, 2012, proceed with work
according to the project schedule denoted in the attached Exhibit "C ", and complete all tasks on
or before September 30, 2014.
TASK 1: COMMUNITY OUTREACH
Deliverable
Coordinate community workshops(s) in targeted neighborhoods and provide educational
materials for public information.
Task activities reflect project tasks directly related to keeping stakeholders informed and
educated about brownfield redevelopment activities in their communities. The CRA
envisions establishing a Brownfields Advisory Committee consisting of local elected officials,
community redevelopment agency representatives, economic development organizations,
public health officials, developers, bankers, chamber of commerce, environmental advocates,
and community -based organizations. The Brownfields Advisory Committee will play a
critical role in prioritizing and recommending projects for assessment funding.
Public Outreach: Develop/compile information in formats useful for education of specific
audiences - stakeholders, news media, public officials and property owners, including such
things as: common terms, assessment and cleanup processes, working with FDEP in the
Voluntary Cleanup Program, remediation options, innovative technologies, costs of potential
remedial actions, etc.
This task carries forward throughout the entire period of the City's EPA Brownfields Program
grant. To the extent that the CRA deems it necessary, the Consultant, under a specific Task
Assignment, may be required to assist CRA staff in various public outreach activities that will
be defined as the program evolves over time.
Page 1
TASK 2: CLEANUP PLANNING
Deliverables:
Analysis of Brownfield Cleanup Alternatives and Remedial Action Plans.
Activities and costs associated with this task relate to pre - remedial planning as needed on the
former Gro Mor Fertilizer Plant located at 306 -307 South Evers Street, Stock Building
Supply/McGinnis Lumber located at 415, 508 -511 South Collins Street & 405 South Evers
Street, and Hydraulic Hose/Telco Oil located at 617 -619 South Evers Street.
Cleanup planning activities will include identifying potential cleanup options, estimating
cleanup costs related to the site remediation, preparing an analysis of brownfield cleanup
alternatives, recommending the most efficient remediation strategies, and preparing a
remedial action plan in accordance with the Florida Brownfields Cleanup Criteria Rule,
Chapter 62 -785 FAC. Plans developed must be internally consistent with the overall
community redevelopment plan for the specified brownfield sites as well as the terms of the
U.S. EPA Brownfields Cleanup Grant and Brownfield Site Rehabilitation Agreement (BSRA)
that the CRA has entered into with Hillsborough County Environmental Protection
Commission (EPC). Furthermore, the proposed cleanup plans and the ultimate sustainable
reuse of the brownfield sites will have demonstrated community support.
Specific activities under this task may include:
A. Additional Site Characterization
The CRA has completed Phase II environmental site assessments of the sites to be
remediated under this agreement. However, limited site characterization may be
undertaken if such data is needed to help refine cost estimates or to aid in remedy
selection. Prior to undertaking ANY sampling on site, the Consultant will prepare and
submit a Site Specific Quality Assurance Project Plan ( SSQAPP) for approval by EPA.
The SSQAPP shall be consistent with the EPA Region 4 "Interim Generic & Site Specific
Quality Assurance Project Plan Guidance for Brownfield Site Assessments and/or
Cleanups ", February 2010, and later revisions.
B. Cleanup Planning Documents
To evaluate and select appropriate remediation strategies, a site cleanup plan or an
Analysis of Brownfields Cleanup Alternatives (ABCA) or equivalent State - required
document will describe the findings of the assessment phases and present an evaluation
of cleanup alternatives. The ABCA will be used as a communication tool for the public
Page 2
and review by EPC's Voluntary Cleanup Program project manager to help ensure that the
cleanup plans will ultimately be acceptable to the State.
The ABCA or its equivalent will include:
1) Information about the site and contamination issues (i.e. exposure pathways,
identification of contaminants, contaminant levels and contaminant sources,
source volume or other estimates as needed to compare relative costs between
remedies).
2) Identification of the contaminants of concern.
3) A summary of cleanup / protectiveness standards, applicable laws and regulations.
4) A description of the remedial alternatives considered.
5) Assessment of the effectiveness, implementability, and the cost of each
alternative. As part of the evaluation of effectiveness, discuss whether/how each
alternative would achieve cleanup / protectiveness standards and would comply
with, applicable laws and regulations.
6) A comparative analysis of the alternatives considered.
7) A selected or proposed alternative.
TASK 3: SITE REMEDIATION AND CLEANUP
Specific tasks for the site remediation and cleanup include:
A. The Consultant will provide a final remedial design and solicit bids for cleanup and
remediation of the three sites. At minimum, the Consultant will obtain quotes from three
potential remediation contractors and/or sub - contractors; select the best qualified
contractor for each site; and prepare and implement subcontracts. Contractors will be
procured in accordance with 40 CFR Part 30 Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-
profit Organizations or 40 CFR Part 31 Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments.
B. Oversee the work of the remediation contractor. The Consultant will be responsible for
preparing a health and safety plan; obtaining all necessary permits; facilitating and
attending construction meetings (as necessary); performing construction observation and
conducting field screening as outlined in the BSRA; preparing all forms necessary;
serving as the prime contact for answering questions from all contractors and
subcontractors; and interfacing with EPC and Florida Department of Environmental
Protection (DEP), as necessary. The Consultant will be responsible for providing the
CRA with any and all documentation showing that the cleanup took place in a manner
consistent with all local, state, and federal regulations.
Page 3
C. Oversee the removal and proper disposal of contaminated ground water and soil as well
as the backfilling of all excavated areas with clean fill. The Consultant will be
responsible for ensuring that site remediation activities are in accordance with plans and
specifications, and that compaction testing is performed in accordance with standard
industry practices.
D. Oversee the installation and operation of any approved alternative cleanup activities, such
as in -situ and phytoremediation systems.
E. Prepare site completion and closure reports, as well as any other reports required by EPC.
F. The Consultant shall consult with the CRA and EPA as needed regarding the
applicability of the National Historic Preservation Act (NHPA). If EPA determines
NHPA is applicable to the project, the consultant shall utilize the service of a historian to
evaluate the site's historic significance, assess potential adverse impacts, and prepare
report and any other documentation required by EPA.
TASK 4: CONFIRMATORY SAMPLING AND ENVIRONMENTAL SITE
ASSESSMENTS
Deliverables
A. Schedule for Confirmatory Sampling and Environmental Site Assessments
B. Draft and Final Confirmatory Sampling and Assessment Work Plan which includes Health
and Safety Plan and EPA Quality Assurance Project Plan
C. Draft and Final Confirmatory Environmental Site Assessment Reports
If necessary, Confirmatory Environmental Site Assessments may be required to be
conducted to confirmed remediation of environmental impairment identified in previous
Phase I and Phase II ESAs and to delineate additional remedial actions necessary to
correct the noted environmental impairment. The Consultant will conduct environmental
assessments on the selected sites in accordance with EPA requirements for ensuring
quality, sampling, appropriateness and health and safety.
Page 4
TASK 5: PROGRAMATIC SUPPORT AND PROJECT MANAGEMENT
To the extent that the CRA deems it necessary, the Consultant, under a specific Task
Assignment, may be required to assist CRA staff in various activities for managing the
Brownfields Cleanup Grant. Such activities may include preparation of an update to the
Generic Quality Assurance Project plan (QAPP), quarterly progress reports, semi -annual
Disadvantaged Business Enterprise (DBE) Reports (also known as Minority Business
Enterprise/Women -owned Business Enterprise — MBE/WBE), annual Federal Financial
Reports (FFRs), final performance, cleanup reports, and ACRES /property profile forms.
Page 5
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EXHIBIT B
RATES
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EXHIBIT B
Plant City EPA Brownfields Cleanup Grants -
PPM - Plant City Agreement
Base Pricing for Scope of Work Tasks
Hourly Fee Schedule Rate Sheet for PPM Project Personnel
Personnel
Role(s)
Hourly Rate
Keith Pyron, P.G.
Program Manager
$168
Charles Ray
Brownfields Specialist
$115
Debra R. Harrington, P.E.
District /Project Manager, Senior Engineer, and Professional
Engineer
$158
Roy Therrien, P.G.
Project Manager, Senior Geologist, and Professional
Geologist
$147
Joe Brown. P.E.
Senior Engineer and Professional Engineer
$121
Eric Smith, E.I.
Project Engineer
$69
Ben Clabaugh, P.G.
Project Geologist
$121
Mike McCown. P.G.
QA /QC Officer
$168
Jeri Thrasher
Health and Safety Manager
$110
Various
Environmental Technician
$58
Various
Administrative
$55
Exhibit B - Page 4 of 5
EXHIBIT B
Plant City EPA Brownfields Cleanup Grants
PPM - Plant City Agreement
Base Pricing for Scope of Work Tasks
Subcontractor Rate Sheet
Subcontrator
Item
Cost
ATI (driller)
Direct Push Rig Daily Rate - on -site whole day (maximum 10
hours)
$1,438
Direct Push Rig Half -Day Rate - on -site half day (maximum 5
hours)
$1,150
Pre - Packed Well Screen (includes all materials) ID -1" 5'
Length Pack OD -1.7"
$113
Slotted PVC Well Screen (includes all materials) 10' Length
Pack OD 1"
$23
Well Riser (includes all materials) ID -1" 10' Length
$22
Well Completion (includes MH w/ cover, concrete pad, and
locking well cap)
$173
Mobilization (roundtrip)
$374
DOT Approved 55 -gal Drum 3
$55
Permits
$58
XENCO (lab)
VOCs
$92
BTEX /MTBE
$46
PAHs (BaP)
$92
TRPH
$64
Organochlorine Pesticides
$104
Arsenic
$11.5
Nitrate
$17.25
Ammonia Nitrogen
$17.25
Cadmium
$11.5
Manganese
$11.5
Iron
$11.5
Sulfate
$13.80
Radionuclides
Gross Alpha
$40.25
Gross Beta
$40.25
Radium 226
$77.63
Radium 228
$77.63
Exhibit B - Page 5 of 5
EXHIBIT C
SCHEDULE
Page 1
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EXHIBIT D
INSURANCE OF CONSULTANT
Consultant shall keep in force as presented herein the following coverages with companies
rated
A ++ or A+ by Best's or an equivalent insurance industry rating service:
1. Worker's Compensation Insurance
1.1 Consultant shall procure and shall maintain at its sole cost and
expense, with insurance companies licensed to do business in the State of Florida, during
the life of this Agreement and performance of the Services and other activities authorized
under this Agreement, Employee's Liability and Worker's Compensation Insurance for all
of its employees to be engaged in the performance of the Services and other authorized
activities under this Agreement.
1.2 In case employees engaged in hazardous work under this Agreement
are not protected under the Workers' Compensation Statute, Consultant shall provide
adequate insurance coverage for the protection of the employees not so covered.
2. Consultant's Comprehensive General Liability la&urance
2.1 Consultant shall procure and shall maintain during the life of this
Agreement and performance of the Services and other activities authorized under this
Agreement, Personal Injury Insurance for injuries, including accidental death, to each
person, in an amount not less than $1,000,000.00 on account of each occurrence or claim,
and $1,000,000.00 aggregate; and Property Damage Insurance in an amount not less than
$1,000,000.00 each occurrence or claim, and $1,000,000.00 aggregate, including Completed
Operations and Premises - operation.
2.2 This Comprehensive General Liability Insurance shall include
coverage for liability assumed in the Indemnification Clause.
3. Automobile BodilInjury and PmllejU Damage Insurance
3.1 Consultant shall procure and shall maintain during the life of this
Agreement and performance of the Services and other activities authorized under this
Agreement, Automobile Bodily Injury Insurance for injuries, including accidental death, to
each person, and in an amount not less than $1,000,000.00 for each occurrence; and
property damage in an amount not less than $1,000,000.00 for each occurrence.
Page 1
3.2 Consultant shall procure and shall maintain during the life of this
Agreement and performance of the Services and other activities authorized under this
Agreement, Hired and Non - Ownership Automobile Bodily Injury Insurance and Property
Damage Insurance for injuries, including accidental death, to each person, and in an
amount not less than $1,000,000.00 for each occurrence; and property damage in an
amount not less than $1,000,000 for each occurrence.
4. Professional Liability
4.1 Throughout all phases of the Services and other activities authorized
under this Agreement, and for a period of one (1) year after final completion, Consultant
shall keep in force, at its sole cost and expense, a professional liability insurance policy
covering all activities performed by Consultant under this agreement with minimum limits
of One Million Dollars ($1,000,000.00) per occurrence or claim, and One Million Dollars
($1,000,000.00) aggregate. Such policy shall provide that it may not be substantially
modified or canceled without thirty (30) days' prior written notice to Client and without
obtaining written consent from Client. Consultant shall do all things necessary to keep the
policy in full force and effect throughout all phases of the Services and other activities
authorized under this Agreement and for a period of one (1) year from the date of final
completion, unless such policy is not commercially available. For purposes of this
paragraph, coverage will be deemed to be not commercially available if the premium for
such coverage exceeds Consultant's current premium plus customary annual increases.
Consultant shall deliver to Client a copy of its insurance certificate (and, if requested by
Client, a copy of Consultant's policy) at least once a year for the term of this Agreement and
for a period of one (1) year from the date of final completion of the Services and other
activities authorized under this Agreement
5. Contractor's Pollution Liability Coverage
5.1 Consultants and Contractors shall all procure and shall maintain
Contractors Pollution Liability Coverage insurance for third party and remediation liability
covering all activities performed by the Consultants and Contractors under this Agreement
with minimum limits of One Million Dollars ($1,000,000.00) per occurrence or claim, and
One Million Dollars ($1,000,000.00) aggregate.
Page 2
f±� CERTIF OF LIA BILITY INSURANCE
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Page 3
10253
SYMETRA FINANCIAL
** *32,178.76
CHECK NO.
148049
DATE
ACCOUNT PROJ
PO # RETAINAGE INVOICE
AMOUNT
03/01/2012
530 - 7979 - 562.23 -25
16- 010464 -00
28,290.32
03/01/2012
530 - 7979 - 562.23 -25
16- 010464 -00
111.34
03/01/2012
530 - 7979 - 562.23 -25
16- 010464 -00
3,777.10
10253
SYMETRA FINANCIAL
** *32,178.76
SYMETRA FINANCIAL 10253 ** *32,178.76
N4nLRrROATGNErI1 WACHOVIA CHECK NO. 1 48049
City of Sanford
Accounts Payable
Sanford, FL 32771
1 �12^ NET AMOUNT
00 " F ' 1 OR 1 0 0 ) 10253 03/09/2012 $ * * * * *32, 178.76
PAY THE THIRTY TWO THOUSAND ONE HUNDRED SEVENTY EIGHT AND 76[�Qp _D_OL
S UM OF 77""�c77CC
SYMETRA FINANCIAL V olfyR ** TO THE PO BOX 14 91
ORDER MINNEAPOLIS MN 55480 -1491
OF
FINANCE DIRECTOR
CHECK NO.
1 48049
DATE
ACCOUNT PROJ
PO # RETAINAGE INVOICE
AMOUNT
03/01/2012
530 - 7979 - 562.23 -25
16- 010464 -00
28,290.32
03/01/2012
530 - 7979 - 562.23 -25
16- 010464 -00
111.34
03/01/2012
530 - 7979 - 562.23 -25
16- 010464 -00
3,777.10
SYMETRA FINANCIAL 10253 ** *32,178.76
N4nLRrROATGNErI1 WACHOVIA CHECK NO. 1 48049
City of Sanford
Accounts Payable
Sanford, FL 32771
1 �12^ NET AMOUNT
00 " F ' 1 OR 1 0 0 ) 10253 03/09/2012 $ * * * * *32, 178.76
PAY THE THIRTY TWO THOUSAND ONE HUNDRED SEVENTY EIGHT AND 76[�Qp _D_OL
S UM OF 77""�c77CC
SYMETRA FINANCIAL V olfyR ** TO THE PO BOX 14 91
ORDER MINNEAPOLIS MN 55480 -1491
OF
FINANCE DIRECTOR
CITY OF SANFORD
PAYMENT BEQUEST
Vendor Information
SPECUL INSTRUCTIONS TO ACCOUNTS PAYABLE;
Group Insurance - Excess Risk Fees
Policy Number 16-010464 -00 EN F R ED MAR 0 7 201
March -12
Please mail copy of billing statement with check
Vendor
Number: 10253
Business
Name: Symetra Life Insurance Company
Remittance
Address: PO Box 1491
MinnWolis, MIN 55480 -9947
Due Date: 3/1/2012
Inv Date
Invoice /
Amount
Account Number
Prolect 0
Description
3/1/12
16-010464 -00
$ 28 290.32
530 - 7979 - 562.23 -25
`
Em to ees
3/1/12
16- 010464 -00
$ 111.34
530 - 7979 - 562.23 -25
COBRA
3/1/12
16- 01046400
$ 3,777.10
530 - 7979 - 562.23 -25
Retirees
Grand Total
32 178.76
y ,
?171 -
Departm tal ad or Designee Approval Date
YM-E T RA.
FINANCIAL
Ttetra Life Insurance Company
dTr;
Policy Number: 16- 010464 -000
Return statement and premium to:
000123- 3TgnbL Onp3 OP
Mail to: City of Sanford, Florida
300 North Park Avenue
Sanford, FL 32771
Group Department
Employer's Self Administered Billing Statement
Billing period: March 2012
SYMETRA LIFE INSURANCE COMPANY
GROUP ACCOUNTING SERVICES
C/O WELLS FARGO
P.O. BOX 1491
MINNEAPOLIS, MN 55480 -1491
Adress change? Coverages or rates incorrect? Please remit by: March 1, 2012
:all toll free: 1- 800 -426 -7784 Make check payable to: Symetra Life Insurance
lease calculate premiums due and submit this completed statement with your check in the enclosed envelope.
,II Employees
Premium
Aggregate
Composite
Rate
K3
X
5.00 =
� / SS 60
Adjustments =
0. 00
,
Subtotal =
. tom_
,II Employees
Premium
Specific
Employee
Rate
c)$�
X
50.67 =
`I �
4 , c(O. o29
Emp + Spou
Rate
—7-10
X
100.93
Emp + Cld
Rate
38
X
89.33 =
Family
Rate
33
X
151.60
Adjustments =
.�
Subtotal = , 05-3 . 4
temarks
'repared by:
Total Premium Due =
Date: 3 io ) 1 1 2-
Symetra Life Insurance Company - Group Life Department - 777108th Ave NE, Suite 1200 - Bellevue, WA 98004 -5135
3 -12007 /ESL 10/08 Symetra ® and the Symetra Financial logo are registered service marks of Symetra Life Insurance Company
Symetra
Month of March
Coverage
# of Active
Rate
Premium
EE
248
50.67
12,566.16
EE +spouse
55
100.93
5,551.15
EE +Child
37
89.33
3,305.21
Family
33
151.60
5,002.80
Total
373
5.00
1,865.00
28,290.32 Total Employees
Coverage # of COBRA Rate Premium
EE 2 50.67 101.34
EE +spouse 100.93 -
EE +child 89.33 -
Family 151.60 -
Total 2 5.00 10.00
111.34 Total COBRA
Coverage
# of Retirees
Rate
Premium
EE
34
50.67
1,722.78
EE +spouse
21
100.93
2,119.53
EE +child
1
89.33
89.33
Family
0
151.60
-
Total
56
5.00
280.00
4,211.64 Total Retirees
Coverage
Total # of Lives
Rate
Premium
EE
284
50.67
14,390.28
EE +spouse
76
100.93
7,670.68
EE +child
38
89.33
3,394.54
Family
33
151.60
5,002.80
Total
431
5.00
2,155.00
Monthly Premium
32,613.30
Coverage
# of Adjustments
Rate
Premium
EE
-4
50.67
(202.68)
EE +spouse
-2
100.93
(201.86)
EE +child
89.33
-
Family
151.60
-
Total
-6
5.00
30.00
_( 134,541 Total Adjustments
Adjusted Premium 32,178.76