CN-370000-SW230-T13.pdf

DEP Contract No. SW 230, Task Assignment 13 Task Assignment Notification

List of Attachments to be provided by the FDEP:

X (ATTACHMENT A) Scope of Services "SCOPE OF SERVICES, McCARGO STREET WASTE TIRE SITE ABATEMENT"

X (ATTACHMENT B) Site Report

"MCCARGO STRET WASTE TIRE SITE, SITE SUMMARY"

X (ATTACHMENT C) Wheelabrator Ridge Energy, Inc. Response to Quotation

X

"REQUESTED RESPONSE AND COST ESTIMATE"

(ATTACHMENT D) Fee Schedule

"FEE SCHEDULE FOR TASK ASSIGNMENT SW 230-13"

X (ATTACHMENT E) Access Order "SITE ACCESS ORDER TO McCARGO STREET WASTE TIRE SITE" cc: Procurement Procurement@dep.state.fl.us Michell Mason Smith, Government Analyst II Michell.M.Smith@dep.state.fl.us

SCOPE OF SERVICES

McCARGO STREET WASTE TIRE SITE ABATEMENT

Section 403.709(3)(c), Florida Statutes, authorizes the Department to expend funds from the Solid Waste Management Trust Fund to remove tires from illegal waste tire sites. The present Scope of Services is to implement site abatement of the McCargo Street Waste Tire Site (hereinafter referred to as the “Site”).

I. ABATEMENT AND SITE WORK

A. Tire Removal

1. The Contractor shall remove all tires:

• approximately 8,000 passenger tire equivalents (PTE) o 8,000 PTE or 80 tons of whole passenger and truck tires

• ) Contractor will be responsible for bringing any equipment onto the Site necessary for removing vegetation from the tires and loading the tires into trailers.

2. Tires shall be manually or mechanically loaded from the Site, unless otherwise directed by DEP’s Project Manager. The Site is located north of Greenland Ave and north of Nevada St on McCargo St, Jacksonville, FL. Coordinates at gate are 30o19’26” N and 81o46’51” W

3. There is a total of approximately 8,000 passenger tire equivalents (PTE) or 80 tons of tires on the site. See Attachment B, Site Report, attached hereto and made apart hereof, describing the estimated number of the tires that need to be removed from the Site.

4. The Contractor shall practice safe and efficient methods of loading trailers and lacing tires to maximize hauling efficiency. The Contractor shall notify DEP’s Project Manager of any loads less than max capacity. If any stockpiles contain materials other than tires, the Contractor must notify DEP’s Project Manager immediately.

5. Contractor will be responsible for bringing any equipment onto the Site necessary for loading all waste tires/residuals into/onto trailers.

6. Haul all whole passenger and truck tires to a permitted waste tire processing/disposal facility.

Any scrap metal salvaged from removing rims from waste tires that are loaded into the trailer shall become the property of the Contractor.

7. The Contractor shall simultaneously weigh -all materials removed from the Site at the nearest certified scale before they are transported to a permitted waste tire processing/disposal facility or permitted solid waste disposal facility. Materials will be weighed again once they arrive at the permitted facility(ies) and the lower of the two net weights will provide the basis for invoicing. The Contractor shall attach signed weigh tickets to the invoice when it is submitted.

8. The Contractor Shall log all truck and trailer movements by time, date, and identification numbers.

9. No security will be provided by DEP at this Site.

ATTACHMENT A

WHEELABRATOR RIDGE ENERGY, INC.

TASK ASSIGNMENT SW 230-13

DEP Contract No. SW 230, Task Assignment 13 Attachment A, Scope of Services

II. PRODUCTION AND QUALITY CONTROL

A. Production Control

1. DEP’s Project Manager will assign a Site Supervisor from the DEP Northeast District Office to oversee the daily operations related to this assignment. The Contractor may not conduct work at the site unless the DEP Site Supervisor is present. The Contractor shall notify DEP’s Project Manager 24 hours in advance before they begin work at the Site.

2. The Contractor shall assign a Project Manager to oversee the daily operations related to this assignment and to serve as a liaison for the site management Project Manager, if any, and DEP's Project Manager.

3. The Contractor's Project Manager shall keep records of abatement progress, all related truck and trailer movements, hours worked, any problems encountered and any time schedule changes anticipated.

4. The Contractor shall email updates daily of tonnages received at the permitted waste tire processing/disposal facility or weigh tickets for all tires received for the day.

5. Final reports shall be made in writing and will specify amounts of materials retrieved, transported and weighed, by tons; hours worked by Contractor; number of transport trucks and other equipment in operation during the week; problems encountered; and any time or schedule changes anticipated. The weigh tickets are to be submitted with Contractor’s invoice.

6. If the tonnage tires collected from the site will exceed the estimated amount, the Contractor must notify DEP’s Project Manager immediately and cease work until Task order is amended.

B. Quality Control

1. The Contractor's Project Manager shall assure that retrieval, transportation, processing, and all other work to be done will meet the specifications and standards of the DEP Scope of Services, and any supplemental specifications provided by DEP.

2. The Contractor's Project Manager shall maintain regular communication with DEP’s Project Manager to coordinate activities and update records.

3. The Contractor shall ensure that all trucks removing tires from the Site have a current Florida Waste Tire Collector Registration Decal.

4. The Contractor shall guarantee that all the whole waste tires will be delivered to a permitted waste tire processing/disposal facility and will be processed according to the Contractor's response in conformance with all applicable laws and regulations. Disposal of all other materials at any other disposal location must be pre-approved by DEP and the Contractor shall guarantee that such material will be processed and/or disposed of as represented and in conformance with all applicable laws and regulations.

III. DELIVERABLES

Weight tickets for all loads of transported with description of what is being transported. Weight ticket must include the truck number, the name and signature of the driver, tons of material, date and time of weighing. All weight tickets must accompany the invoice for payment.

IV. PREFORMANCE MEASURES

All work must be in accordance to the Contract, and the terms and conditions referenced in the Scope of Work. The Contractor represents that its services shall be performed in a manner consistent under similar circumstances at the time the services are performed. A review of all supporting documentation and deliverables will be conducted to assure that all tires are removed from the Site, transported by a registered waste tire collector, and processed by a permitted processing facility.

DEP Contract No. SW 230, Task Assignment 13 Attachment A, Scope of Services

McCARGO STREET WASTE TIRE SITE

SITE SUMMARY

(as of July 21, 2017)

LOCATION: N Greenland Ave N of Nevada St on McCargo St, Jacksonville, FL Coordinates at gate: 30o19’26”N 81o46’51”W

ACCESSABILITY: Site is readily accessible from paved 2 lane roads. A gate in the front fence allows trucks to be backed onto the site. The site itself appears stable in dry weather, but there may be standing water in some areas when wet. High grass and brush should not prevent access to major pile segments, but some additional effort may be required to explore back areas reportedly containing scattered tires. A stable pathway runs laterally between the major segments. An underlying landfill may impact surface stability in some areas.

STOCKPILE CHARACTERISTICS: The tires appear to be relatively clean in the identified major pile segments based on surface observation, but smaller groups in outlying areas may be more contaminated with soil. There is minimal contamination with non-tire debris. Exhibit 2 provides a schematic representation of the overall site configuration, with an enlarged diagram identifying major pile segments.

The site is inactive as a tire accumulation point, but there is evidence of drug usage and possible habitation on site. DEP is planning to remove all tires above ground on the site.

ESTIMATED QUANTITY: Quantities have been estimated using established methodology. Volume of each pile segment is determined by measurement. Volume is converted to weight using densities based on experience for most piles and is expressed in terms of passenger tire equivalents (PTE) weighing 20 pounds each and tons. Exhibit 1 summarizes these calculations for this site. Passenger and truck tires to be removed total about 8,000 PTE or 80 tons, plus any smaller groups found in scattered areas.

REMOVAL SEQUENCE: The removal sequence can be done in any sequence most advantageous for the contractor.

ATTACHMENT B

WHEELABRATOR RIDGE ENERGY, INC.

TASK ASSIGNMENT SW 230-13

DEP Contract No. SW 230, Task Assignment 13 Attachment B, Site Report

McCARGO STREET WASTE TIRE SITE

SITE PHOTOS

Main pile area overview

Left side of main pile – 1a

DEP Contract No. SW 230, Task Assignment 13

Right side of main pile – 2 Miscellaneous tires in brush

Other tires in outlying area Miscellaneous tires

McCARGO STREET WASTE TIRE SITE

SITE PHOTOS

DEP Contract No. SW 230, Task Assignment 13

Volume Density Pile (cubic (PTE/

Tire Pile L W H yards) cu.yd.) PTE Tons

1a Mixed Loose 45 5 1.3 293 10 2,925 29

1b Mixed Loose 10 5 0.7 35 10 350 4

1c Mixed Loose 10 5 0.7 35 10 350 4

2 Mixed Loose 43 5 1.3 280 10 2,795 28

3 Mixed Loose 20 5 1 100 10 1,000 10

4 Mixed Loose 15 5 0.7 53 10 525 5

TOTAL 7,945 79

Type Dimensions (yards) Quantity

EXHIBIT 1

McCARGO STREET WASTE TIRE SITE

ESTIMATED STOCKPILED QUANTITY

(as of JULY 21, 2016)

DEP Contract No. SW 230, Task Assignment 13

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DEP Contract No. SW 230, Task Assignment 13

ATTACHMENT C

WHEELABRATOR RIDGE ENERGY, INC

AND QUOTE FOR THE TRANSPORTATION AND

PROCESSING

McCARGO WASTE TIRE SITE ABATEMENT

TASK ASSIGNMENT SW230-13

JACKSONVILLE, FLORIDA

DEP Contract No. SW 230, Task Assignment 13 Attachment C, Response to Quotation

Smith, Michell M.

From: Richard Kallelis <rkallelis@wtienergy.com> Sent: Monday, August 28, 2017 12:58 PM To: Smith, Michell M.

Subject: RE: MCCARGO Tire site

Sorry about that Michell, Last couple days have been hectic with the rain and all.

Anyway please see the attached and let me know if this works for you or not Thanks Rick

Michell, Wheelabrator Ridge is pleased to submit the following Bid for the McCargo Street Tire Site located at N. Greenland Ave N of Nevada St Florida.

Please find the details below regarding our bid for the above location.

The equipment and personal needed to remove and load tires into 100 yard trailers is as follows:

1) 1 Track Hoe with Grapple

2) 1 skid Steer

3) 1 Equipment Operator

4) 1 Supervisor

5) 2 Operators to remove vegetation

6) 3 laborers to load tires

The cost to remove approx. 80 tons of tires from the property, load them tires into 6‐ 100 yard trailers and transport them to Wheelabrator Ridge is $1875.00 per load based on us getting 14 tons per trailer. We will try and fit this job into 5 trailers if possible to keep the cost down by eliminating a load.

The disposal rates for the tires is as follows:

$80.00/ton for Passenger and Light Semi Truck tires and smaller without rims $125.00/ton for Passenger and Light Semi‐ truck tires and smaller with rims $250.00/ton for Oversized Floatation and Equipment Tires

The Approx. estimate for this project will be as follows:

6 Loads x $1,870.00/Ld = $11,250.00 80 Tons x $80.00/Ton = $6,400.00

$17,650.00 Total estimated cost of Project

The trucking company will use a certified scale agreed upon by the FDEP and they will need to show this ticket to the scale house at Wheelabrator Ridge so they can get paid for the loads.

Thanks

Rick

DEP Contract No. SW 230, Task Assignment 13

Rick Kallelis Fuel Manager Wheelabrator Ridge 3131 K-ville Avenue | Auburndale, FL 33823 Tel 863 665 2255 Ext 214 | Cell 863-255-2474 www.wtienergy.com | Twitter @WTIEnergy

From: Smith, Michell M. [mailto:Michell.M.Smith@dep.state.fl.us] Sent: Monday, August 28, 2017 8:18 AM To: Richard Kallelis <rkallelis@wtienergy.com> Subject: FW: MCCARGO Tire site

Rick, Just wondering if you need any additional information from me for the quote?

Thanks, Michell

Michell Mason Smith, FCCM Government Analyst II

Financial Management and Procurement

Division of Waste Management

Michell.M.Smith@dep.state.fl.us

(850) 245‐8721

From: Smith, Michell M.

Sent: Tuesday, August 22, 2017 8:12 AM To: Richard Kallelis <rkallelis@wtienergy.com> Cc: Smith, Michell M. (Michell.M.Smith@dep.state.fl.us) <Michell.M.Smith@dep.state.fl.us> Subject: FW: MCCARGO Tire site

Rick, Below is the chain of emails as promised. I have also attached the quote and the site report for your reference.

I look forward to hearing from you.

Thanks, Michell

DEP Contract No. SW 230, Task Assignment 13

DEP Contract No. SW 230, Task Assignment 13, Attachment D, Fee Schedule

ATTACHMENT D

WHEELABRATOR RIDGE ENERGY, INC.

TASK ASSIGNMENT SW 230-13

FEE SCHEDULE

McCARGO STREET WASTE TIRE SITE ABATMENT

No, of Item Description Units Units Unit Cost Total Cost

1. Transportation of tires 8 trailer $ 1870.00

2. Processing of tires 80 tons $ 80.00

$ 14,960.00 $ 6,400.00

ESTIMATED BUDGET ASSUMING 80 TONS: $ 21,360.00

TOTAL $ 21,360.00

ATTACHMENT E

SITE ACCESS ORDER

McCARGO STREET WASTE TIRE SITE

TASK ASSIGNMENT SW230-13

JACKSONVILLE, FLORIDA

DEP Contract No. SW 230, Task Assignment 13 Attachment E, Site Access Order

IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT

IN AND FOR DUVAL COUNTY, FLORIDA

STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION,

Plaintiff, VS.

BILLY HEMMANS as Personal Representative of HEMMANS YOULES ESTATE and

REGAL HOLDING USA, CORP.

Defendants

Case No.: 16 2016 CA 004936

ORDER GRANTING PLAINTIFF'S MOTION FOR INJUNCTIVE RELIEF

THIS CAUSE, having come before the court on Florida Department of Environmental

Protection's (Department) Motion For Injunctive Relief and Incorporated Memorandum of Law

(Motion), and the court having reviewed the Motion along with documents filed in support of the

Motion and the court being otherwise duly advised, it is:

ORDERED AND ADJUDGED that:

1. The Department's Motion is GRANTED.

2. The Department is granted authority to enter real property located on Greenland

Ave., Jacksonville, Florida; Duval County Property ID No.: 006093-0000 (hereinafter Parcel 1) and Mc Cargo Street, North, Jacksonville, F lorida; Duval County Property ID No.: 006090-0000

(hereinafter Parcel 2) (Parcel 1 and 2 collectively the Site) during normal business hours to facilitate removal of waste tires located at the Site. The authority to enter the Site shall terminate upon completion of removal of the waste tires.

DEP Contract No. SW 230, Task Assignment 13

3. The Department is authorized to impose a lien on the Site equal to the cost to remove and properly dispose of the waste tires, including attorney's fees and court costs pursuant to Section 403.709(5) Florida Statutes.

DONE AND ORDERED in Duval County this 2/!E.day of August 2017.

evin A. Blaz S Circuit Judge 6fl--, Copies furnished to: Kirk White, Esq.Kirk.White@dep.state.fl.us

DEP Contract No. SW 230, Task Assignment 13