Fort Walton Beach Ordinance — 1467--Sale of Excess Real Property--S&P Mgt — reading text

Transport/24cy Upper Average Lower $ 990.00 447 335 224 Estimated Loads 19.0 14.0 10.0 Transportation Cost 18,810 | $ 13,860 | $ 9,900 Total Haz Cost $ 116,466 | $ 87,102 | $ 58,728 Non-Hazardous Waste Tons Disposal/ton Upper Average _ Lower 547 410 273 $ 30.00 | $ 16,410 | $ 12,300 | $ 8,190 Cubic Yards Transport/20cy Upper Average Lower $ 810.00 891 293 195 Estimated Loads 20.0 15.0 10.0 Transportation Cost | $ 6,200 | $ 4,650 1$ 3,100 Total Non-Haz Cost | $ 22,610 | $ 16,950 | $ 41,290 Contractor per day Days Total Operator $ 320.00 § $ 9,775.00 Tracked Excavator $ 360.00 8 $ 15,640.00 Supervisor §- 400.00 10 $ 19,550.00 Techs $ 440.00 Rubber-tired Hoe $ 135.00 Expendables $ 100.00 Mob/Per Diem $ 200.00 Total Cost per Day $ 1,955.00 PPM Field per day Days Cost Oversight $ 480.00 5 $ 4,200.00 Project Management $ 210.00 8 $ 6,720.00 Misc. Expenses $ 50.00 10 $ 8,400.00 Per diem $ 100.00 Total Cost perDay |$ 840.00 TABLE C-8 (cont.) PPM Other Report $ 3,000.00 Travel $ 0.345 800 $ 276.00 Laboratory Unit Cost - Units Total TOLP 100.00 20 $ 2,000.00 SCLP $ 100.00 20 $ 2,000.00 Total Laboratory Cost $ 4,000.00 Estimated Remediation Cost Upper $ 174,302.00 Middle $ 183,688.00 Lower $ 91,269.00 EXHIBIT C LEGAL DESCRIPTION FOR 150 FOOT STRIP OF PROPERTY LOCATED BEHIND FORMER RIFLE AND PISTOL RANGE IN FORT WALTON BEACH, FLORIDA That part of the Southeast Quarter of Section 8, Township 2 South, Range 24 West, in the City of Fort Walton Beach Commerce and Technology Park, Okaloosa County, Florida, being more particularly described as follows: Commence at the Heidt and Associates 4” x 4” concrete monument with 3-5/8” brass disk marking the intersection of the south line of said Section 8 and the east boundary line of Hurlburt Air Force Base, for the point of reference. Thence proceed North 01 degree 15 minutes 48 seconds East along said east boundary line, for a reference bearing, a distance of 150.00 feet to the Point of Beginning of the land to be described; thence continue North 01 degree 15 minutes 48 seconds East along said east boundary line a distance of 800.00 feet; thence proceed South 87 degrees 27 minutes 15 seconds East a distance of 150.04 feet; thence proceed South 01 degree 15 minutes 48 seconds West a distance of 800.00 feet; thence proceed North 87 degrees 27 minutes 15 seconds West a distance of 150.04 feet to the Point of Beginning. Said tract containing 2.75 acres, more or less. Subject to all existing easements of record. Purchase Agreement.rev12-18-01F inal Last printed: 12/14/2001 9:18 AM Page 10 SOLID WASTE TRANSFER AND DISPOSAL AGREEMENT THIS SOLID WASTE TRANSFER AND DISPOSAL AGREEMENT (the " Agreement") is made and entered into as of this day of 12-18 , 2001, by and between BFI WASTE SERVICES, LLC ("BFI"), and CITY OF FORT WALTON BEACH, FLORIDA (the " City"). PREAMBLE WHEREAS, BFI is planning to build and operate a transfer facility for the receipt and transfer of solid wastes, yard wastes and recyclables to be located in the Commerce & Technology Park on Ready Avenue, Fort Walton Beach, Florida 32548 (the "Transfer Station"); WHEREAS, BFI and the City desire to enter into an agreement whereby the City delivers solid waste, yard waste, and recyclables it collects within the City limits to the BFI Transfer Station; for BFI to transfer to the ultimate recycling or disposal site as determined by BFT; NOW, THEREFORE, in consideration of the above and foregoing and of the mutual undertakings and agreements of the parties set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Definitions. When used herein the following terms when capitalized shall have the meanings set forth below: "BFI Affiliate" shall mean any corporation or other legal entity that directly or indirectly, is controlled by, controlling or under common contro! with BFI. "Change in Law" means any amendment to, or promulgation of, or change in the interpretation or enforcement of any federal, state or local statute, regulation, ordinance, levy, tax, franchise fee or surcharge after the date of this Agreement which affects the costs of operations at the Transfer Station, the Landfill(s) and/or the Recycling Facility(ies). "City Waste and Recyclables" shall mean Solid Waste, Yard Waste and Recyclables;. collected by the City within the City limits, and City generated construction and demolition debris on an as needed basis. “Construction and Demolition Debris” shall mean concrete, concrete block, brick, mortar, sand, gravel, dirt, drywall, paper, metal, and asphalt, and other byproducts of construction and/or demolition. Page 1 “Excluded Waste” means Hazardous Waste, Special Waste, and all other material not meeting the below definitions of City Waste, and Recyclables, and any other material not acceptable at the Transfer Station in BFI’s reasonable discretion. "Force Majeure" shall mean riots, wars, strikes, civil disturbances, insurrections, acts of terrorism, epidemics, landslides, volcanic eruptions, hurricanes, tornadoes, earthquakes, lightning, floods, washouts, explosions, fires, inclement weather which impedes the safe operation of either party's equipment, modification, revocation, suspension, denial or loss of Government Approvals, and any federal, state or local government orders or decisions any of which are beyond the reasonable control of the applicable party (but specifically excluding financial incapability) and which necessarily and unavoidably prevents performance of this Agreement but only to the extent that due diligence is being exerted by the applicable party to resume performance at the earliest reasonable possible time. "Governmental Approvals" shall mean all permits, licenses and approvals required by any federal, state, or local governmental entity or agency for the construction and operation of the Transfer Station. "Hazardous Waste" shall mean any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or other applicable federal agency or by any State having jurisdiction to be "hazardous" as that term is defined by or pursuant to federal or state law so as to prohibit said waste from being disposed of at the Landfill or the Recycling Facility, as the case may be. "Landfill" shall mean any state licensed facility, or facilities, selected by BFI in its discretion, for the disposal from the Transfer Station of City Solid Waste and Recyclables. “Pgint of Delivery (POD)” shall be the location(s) within Fort Walton Beach specified and designated by BFI, to which the City is to deliver all acceptable city waste and recyclables. "Recyclables" shall mean Recyclable Commodities collected by The City from normal residential waste streams. This would include aluminum & bi-metal cans, no. 1 & no. 2 plastic containers, glass containers (clear, amber & green), and newsprint. "Recycling Facility" shall mean any facility or facilities chosen by BFI, in its discretion, which accepts the Recyclables portion of the City Waste and Recyclables as acceptable recyclable material for processing. "Service Commencement Date" shall mean five (5) days after BFI has given written notice to the City that the Transfer Station is ready for acceptance of City Waste and Recyclables or any other date mutually agreed to in writing by BFI and the City. Page 2 "Solid Waste" shall mean any garbage, trash, rubbish, and other type of waste material, whether residential or commercial, allowed to be accepted for disposal at landfills, but excluding any Hazardous Waste, Construction and Demolition Debris or Special Waste. "Special Waste" shall mean any solid waste which requires special processing, handling, or disposal techniques which are different from the techniques normally utilized for handling or disposal or contains an added element of expense to transport or dispose of as determined by BFI in accordance with normal waste industry standards. Examples of such Special Waste types include, but are not limited to: mining wastes, fly ash, combustion ash, sludges, drilling fluids and drill cuttings, asbestos, liquid wastes, infectious wastes and residue, pollution control residue, debris or contaminated soil and water from the cleanup of a spill. "Transfer Station" shall mean the facility described in the preamble to this Agreement. "Ton" shall mean 2000 pounds. “White Goods” shall mean refrigerators, freezers, washers, dryers, and similar household appliances. It is understood that all refrigerators and freezers must be properly identified with a tag or label from a certified technician that all Freon has been completely discharged from such appliances before delivery to the BFI Transfer Station. "Yard Waste" shall mean all Horticultural Waste collected by the City within the City. 2. City Delivery Obligation. During the term of this Agreement the City will deliver, or cause to be delivered, all City Waste and Recyclables to the Transfer Station. At the City's option, it may deliver White Goods to the Transfer Station in the manner prescribed by law. In the event that the City shall, during the term of this Agreement, contract out, bid out, or franchise collection of City Waste and Recyclables (a Privatization Act”), it shall require by contract or other legally permissive method each and all of such private waste collection companies to deliver City Waste and Recyclables to the Transfer Station. This requirement does not apply in instances where the City permits a private waste company to service an account it cannot collect. Such Privatization Act(s) shall not relieve the City of its payment obligations under this Agreement for all City Waste and Recyclables. 3. Operation of Transfer Station. BFI will operate and manage the Transfer Station and prepare such City Waste and Recyclables for shipment to a Landfill or Recycling Facility, as the case may be. The City will unload the City Waste and Recyclables at the Transfer Station as directed by BFI personnel. All City Waste and Recyclables shall be processed within an enclosed building with appropriate methods and techniques utilized to contain odors and litter within the building and to control vermin. BEI or its subcontractors will transport such City Waste and Recyclables by truck, in such manner as to comply with any laws relating to the hauling of such to the Landfill or Recycling Facility, as the case may be. All activities of the City and BFI shall occur Page 3 promptly and in any event within the time periods required for the City Waste and Recyclables handling, transport and disposal mandated by applicable laws and regulations. The weights of all City Waste and Recyclables that are delivered to the Transfer Station shall be accurately determined by the use of certified scales owned and maintained by BFI Waste Services at the Transfer Station. Weights of all City Waste and Recyclables delivered to the Transfer Station shall be determined at the time the City Waste and Recyclables enters the Transfer Station using such BFI scales. BFI shall provide the City evidence semi-annually of the accuracy of the scales. Any inaccuracies in such scales shall be corrected immediately and invoices shall be adjusted appropriately either crediting or debiting the City for incorrect charges due to inaccuracies of the scales; provided, however, that an error in such scales of one percent (1%) or less, either plus or minus, shall not require the invoices to be adjusted. The Transfer Station shall be open to accept City Waste and Recyclables during the hours from 6:00 a.m. to 4:00 p.m. Monday through Friday and Saturdays from 6:00 a.m. to 12:00 (noon) p.m. The Transfer Station shall be closed on Sundays and the following holidays: New Year’s Day Thanksgiving Day Christmas Day The Transfer Station will be open during normally unscheduled hours and, if necessary,