HomeMy WebLinkAbout1993 11 22 - Environmental Audit Report UpdateCity of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
November 22, 1993
Mr. Tom Jones, P.E., Project Manager
Engineering -Science, Inc.
2910 West Busch Blvd., Suite 905
Tampa, FL 33618
RE: Sebastian Highlands Utility Plant Environmental Audit
Report Update
Dear Mr. Jones:
I have enclosed the following documents which authorizes your
firm to proceed with the referenced audit:
1. City of Sebastian Purchase Order No. 00078 dated 11/10/93
2. Engineering Services Agreement as signed by K.M.
O'Halloran, Interim City Manager, on 11/1/93
3. Copy of your October 21, 1993 letter to me
4. Supplemental Terms and Conditions, Addendum A
5. Attachment A - Proposed Client Indemnity Provision for
Environmental Assessment Reporting Services (This latest
revision was mutually agreed upon as of November 19,
1993)
Please furnish us with ten (10) copies of the final report of
your audit as soon as possible and enclose a copy of the Agreement
as signed and dated by your firm for your files.
Sincerely, ,/
I,---
/ �lf v �
Richard B. Votapka, P.E.
Utilities Director
RBV/nsv
CC: vKay O'Halloran, Interim City Manager 961
Marilyn Swichkow, Finance Director
Charles I. Nash, City Attorney
Purchase Order
NO
CITY OF SEBASTIAN NIS NUMJF WSf MFAR ON
FM"UM"W4 UTILITIES All COI1PE5PONDENCL INVOKES
r_' SIIIIPING IAIffS AND IACIAGfS
Post Office 780127 - Sebastian, Florida 32978-0127 - Tel. (305) 589-5330
F
SHIP TO:
Engineering Science
TO 2901 West Busch Blvd. #905
LTampa, FL 33618 J
DELIVERY:
DATE REO. NO, TFRAs. SNlr vu E.O R IC"M
11-10-93
WwN11M1 I PLEASE INFER OUR ORDER INACCOFDANCE WITH HKE5. OHNEET AND SIECDKATIONS GWEN r PIKE —
LS Engineering Services Agreement dated 10/25/93 for an update of
the environmental audit conducted in August 1992 for the GDU
water treatment plant and wastewater treatment plant sites. GDU
has furnished a copy of the original environmental audit; the City
is responsible for any update of the audit. The audit update is
to be furnished to the City's Bond Underwriter, Raymond James E
Associates, INc., as requested.
Time E Materials not to Exceed $2,000.00
WHITE -VENDOR
CANARY- FINANCE DEPARTMENT
PINK - ISSUER'S COPY
GOLDENROD ATTACH TO STATEMENT
By
$2,000.00
Maximum
ENGINEERING -SCIENCE
E COMPANIES
ENGINEERING SERVICES AGREEMENT
ES: Engineering -Science AGREEMENT NO.
2901 W. Busch Blvd., #905
\ Tampa, FL 33618 CLIENT'S ID. NO.
CLIENT: City of Sebastian
1225 Main Street
Sebastian, FL 32958
EFFECTIVE DATE COMPLETION DATE ES' CONTACT %L1CI1SVOtd CKa
Thomas T Jones p
10/25/93 12/2/93 ( 813) 933-4650 (407) 589-5330
COMPENSATION
❑ STANDARD RATE SCHEDULE
(Attachment A) 2 000
1A PAYMENT SHALL NOT EXCEED $
UNLESS AUTHORIZED IN WRITING BY CLIENT
ITEM
1
2
3
ES
IROTHER (as indicated below)
❑ LUMP SUM $
❑ INVOICE MONTHLY (INSTRUCTIONS BELOW)
O INVOICE UPON COMPLETION
DESCRIPTION OF SERVICES/SPECIAL PROVISIONS
Letter from Thomas T. Jones to Rich Votapka dated October 21, 1993
outlining scope and fee for services to be rendered.
Addendum A, Supplemental Terms and Conditions
Attachment A, Proposed Client Indemnity Provision For Environmental
Assessment Reporting Services
Date
CLIENT
Date
Interim City Manager
THE STANDARD TERMS AND CONDITIONS CONTAINED ON THE
REVERSE SIDE HEREOF ARE APPLICABLE TO THIS AGREEMENT.
ES ACCOUNTING
STANDARD TERMS AND CONDITIONS
ATEPPRETOTION -
ml AGREENEyi _r.s:snrrg z'^need &tenders terms and conditions env •^e rerma,csvuamns
"Make p" Ina lace a MI. AGREEMENT together wit. me Exhibit aa,CMe harem. arc ai cocumenu.
crated alle0i6eattns and instruments specifically referred IT, retain ars nate 3 can nereol shall
:on tilma the entire AGREEMENT between the parties, and ro other pmol tanvegations. Ras,
•'arram"aa, dr over m.fter Shall vary, star, or .marpret Ile terms latest. 6e :aprons in :l
AGREEMENT ere for Ile canvemente Of the parties in meNEicei Mi he sec&tai Omv:slons dna
snaa rot constitute a part of this AGREEMENT nor be considered Inlerora;nve enerlidi
Tit lure of either parry to exercise any option Font oroil , age =:'den^.IS AGREEMENT it 'o demand
Lmatdce, as Is any depredation or Cartel ot'he ^titer darty frau rot commute a matter di rely
fuer ,gat prwllege nr codon. Or at --a :nanJrmlrCe -"'a" _.,4SO .varier S elFc,nate, .ah.J:•^d
I ;.CM evxnl ens a emencec Oy a bmaar'. •xed_xp rev ur.dr:
r4ERARpJTy
s unbemma and ']greet CV '^e Came. -.encs not ! any ear dere,, :r drm snot .crit me
.tGREENIENT Is net :!agar or n Oc iic; it any aa of:re Store ¬e mace or -dymq; ilanction
neer any time paluee nerelb, :le r.l al :le remaining molons of crwRtns snall rat be Tlecree.
and the r gids and obligations tit :tie Cart:m snail pe construct art Critical as t me AGREEMENT
tor. -.or :.ream tre bameuae cart :arm. or i rowaans tela to ce mvaiia, _moa no ?Iran, 'Mere.!
.coma materially charge me economic burden of or benefit to turner Carry.
3 '30VERNING LAW
Fire AGREEMENT and toe Anachments hereto shall be governed by and CCnstr.ed in accordance
Nlm the all of Ire Slate in WMICM she work is perormed.
INDEPENDENT CONTRACTOR
to the performance of Me Servrces.nver Into AGREEMENT ES snap to an .laecamparl contractor,
mamtsmrng tomalete correct at ES' personnel and aoerarche As such. E"a snml. pap ail salaries,
wages expel social security (axes. lased and state unemployment ares ata any similar:axea
saber :0 Ire performance of his AGREEMENT ES .:s employees and agents snail In no way
be regarded nor small may an a. aganll or employees of Me CLIENT
6. CHANGES
The CLIENT without mvalmating this AGREEMENT. may order changes within the general scope
11 Me Ist mis.,lM'mr:Its AGREEMENT bye:erirg. aCamet 110. r dea¢:mg from re aencoss
to Oe pe rte me0. 11 any changes Mi m9 Clause roused en increase or lecrease :n ES^.oat
or. or one ::me required for, the performance of any pan of Inst work ander ins AGREEMENT, an
equitable adjustment shall be made by mutual agreement and the AGREEMENT modified :n witting
accordingly. All such changes in Ire Services small to m winning and shat be performed subject
to me provision, of this AGREEMENT.
6. STOPINORKGRDER
CLIENT may at any time, by wnften notice no ES, require ES to stop ail or any pan at toe work
called for 0y m; ower for a period Of up 10 .r (001 says after ma notice s aalvemd to ES
I StOD Work Order1. Upon receipt of the Stop Work Omat. ES shell amwnn comory wen Its terms
and aka all remarkable steps to minimize me incurrence of costs auotable to me woe Cove=
by the order during the penM of Wark stoppage. 'Nlmm a oenM at ninety IN) days after a Sao
'Nock Order IS aellvll 10 ES, or within any extension of that period to which rhe paries neve
agreed. CLIENT snail eall cancel me Stop Work Order, or :*=mate me work covered by m;
Order as pecrtoet m Ina "Termerateorn paragraphs of Mia AGREEMENT. ES shall resume work upon
cancellation or expiration of any Stop Work Order. An a utMOle adjustment still be mace in me
delivery Schedule or once. hereunder, or odm, and the. AGREEMENT small be madi0ed In writing
accordingly, if the Slop Work Order results In an Increase In the time required for the moo mance
of Ines order or In ES' cos; property atocaba meters. ES may Stop Work. at Its Sore option. If CLIENT
:ails to make payment at ES invoices within 30 says of receipt all required by Arlcle 17 below.
TERMINATION
A. The CLIENT may terminate this AGREEMENT in the wrote or in Part at any time by written nonce
to ES. Soon termination shell be effective in tete manner sesafiea in me said nonce. snail be without
peaaice, to any comms wmcte :tie CLIENT may pave against ES and snail as sup:ect'o the other
crovrmons of Into AGREEMENT On recast at soon in uce ES shale except as and :o the extant
dnecteed.:mmemaray csccnbnue the services am the eating o: subcontractor past; toe materials.
facl.bm and suou es n connachon mm ma oenormance of me services. and shall. ! requested.
make every reasonable effort to procure termination of eel suoc mmdm upon forms Seashell
:a the CLIENT Tbereaber. ES shall do omy soon work as may be necessary to preserve and ostia
me services already in program and to propose of any property as requested by the CLIENT
S. A comma; settement Of all claims of ES upon '.armm twin of :he AGREEMENT. as decreased
aI :he preeedmq Paragel anau be meas toe tollowa: (At tura CLIENT snail assume and become
liable nor all obligations and commitments that ES may nave in good !arm anaeramn or Incurred
n canneteon 'nftn me services which nave not been 'nausea Ia prior aaymenls IRI ane CLIENT
span comveneste ES for -he maspnaae cost of terminating ex;ung subcontracts and oreservirry
protecting or 1,301 of me CLIENTS'S property and .erforminq any aper necessary services
aver the notice at;rremanon has dean recavea :- N Tran bay ES for all Sell cerbrmep.
anon to The date of te.tM.bon, rn accoraan .2REEMENT Prior t final sen emarri -3
snail :enver IO toe CLIENT sit Documents i ri,tma natlnamn ane ca; c..... t
it -5 -race :ma AGREEMENT and execil _ - env, and axe such cmor stem
a$ are tie ,9010 y. 1. via tory .n the CLIENT . rhes n ar ES ar erg nam sunconeal
Issues a parman ion wan Ara AGREEMENT _e -adumtea by Ire CJENT a writing.
I .yAERANT"
S.snorts rarme servces a is -entered a •GEE=_.I E'.i a .a o ca
acemcaneewl list Intendants a oupre Wmam,, or ancaaand coni a m. ,nese Orli
mcmeermg sedan nonrenoenng lite same or sm r .cls
9 INOEMNITY
zs man Indeath:', oll and 1,:d ire CLIENT-am'955:ram an. rath r C'a'm, ,
Tss Cml, expense and damages 8Mal nom any rBpllganf a,, Or dm:,S,cn C' EE .�
no ri cuSlimm'a AGREEMENT ] drory 's - -.
�msxGato :tie emcees, tap eared tram the msusnce carved by ES and mi she
e: rsumrca eoecn:ed In Aurae 13 cmem Its, semen, Asim, or ire, panes
10. FOPCE MAJEURE
S resrecue, proms sra ac yawn of the delete ^ereursee aspect
:ay ES s. r. sums as ray cead:re oust •tom Ime :o -.me 'pr ser:s
ausoenaeswrlleanasoongas.erormance Peretti sdreeamep.rmcecep:rsr-an
-p;. - IS. nevem weenier. ,mer^menml action. war acs, acs or Gd.. acts r _
.mar cause clot ar 9:se:m,lsr-0 he Crego:ng weal are beyond :re 'losc top± ':Jrlp e
Laity'tom .v men IMF erecter cer!armance was due
aSSIG:i Pa ENTS
gani dna pole.nom,'.Er+n contained sla, Matt to =a I lit s' L e9so'f
_.ss grs 6l ESa.p:,e'._ Sral rpt ss.a^ •s - "-d.f _. v.. -r
_::•leer m rte CLIaNi..vmcr consent snarl -.a de = •aasarday w urea.
'_'ONSE0U=NmAL iAMAGES
e ria seem in.,! Es IF :9 i::CCCnIra C:J9 dr ter W'f Try "2 P ain 9 rt-ic: -
•abinA 1.111, Anenv:se far dry 3deClal.-.n.ec-an:'A cdnaFee each
a5 out ^a[ umaed C. '.ass Jr amauo. .Oso 01 '_se -! me ea: C,Frr nr 0. 3a:am an or anticipated
pains or rivismay toh-one:alma Ar .stressed exeense or stomach d: r.. ar muTcall Or svSma s
est at caoial. or COS' of purchased Or replacement eautment or systems
13.INSURANCE
ES shall areae ata Mail with responsible insurarce carriers the following Insurance. At CLIENTS
request ES shall deliver :a CJENT TerineCelee Of :nsbarde Wmcn snail p,avlae mlmr a6ye nonce
to de given to CLIENT in the ever? of a canceration.
A 'Workers'Comoenel and Em...... S Liabli Insurance
• Workers Compensation m comvnance with ire 800,,Ubie Siete art techs taws.
e Emat" aOdplllIF _m..! S1.200,000.
9. ComomearTil General '_ac.:mcsumncemacdmg S:anKM Contractual ti azams. stoop
Farm Proven. ].made. :Y.,!oRea, Operation. dna IIa.MMSnt Coniractore LiabtlN ad
applicable :o Reran In I a rdlury dna PmoerN Damage m . cemomea single -Iran
at 51 O01)XID eats constant=EuolectIto SZ000.000 annum aggragasfor C.mmeted Goes....
and PamOn.l !niuN emir:rdn Eomry mluly
Evolosmn. Collapse did Underground
pm':I nr-r roe - ,ar, c -a. -red ors-ctto..ren
lutiona a 2omry Intuit and Progeny Oameg. to a ..mb.,. sinS:e print dr St 000.000....
mtruncrect
G. Architects d c?neem-Waaaana Liability Insurance adaralng, am eeemnal lability, •1 an
;o a compiled sings limit of 01,000,000 Caen occurrences claim. subject :o $2000.000 annual
aggregate.
E. Exbe.s L.apiNv imulance. Euce.s recalls following ema0yem' fell afforded by nem At and
aider cevWagm afforded parents fSl. ICI and IDI sit loth above. suplect m e combined smgle
ime Of ludi try Of 154.000.1 Stan occurrence/amm/aggrek me. -ass altenying msusnca.
14. ACCEPTANCE all CLIENT
The WORK snail be seamed accepted by CLIENT &mess all fifteen 11$) days after aside at
ES' al notification of final cOmmstion. CLIENT will have given ES written notice soacerymg in
dedial wne®m Ire WORK Is deficient information ES will promptly proceed to mex. necessary
corrections and. upon completion. the WORK shall ba deemea acceoWd by CLIENT
15. CLIENT FURNISHED DATA. DRAWINGS. AND SPECIFICATIONS
ES shall have no liability for stereos m me WORK atmbrie la to ES' reliance upon or use of data.
design cmlel drawing& specifications or order Information fumened by CLIENT and CLIENT agrees
to Indemnity and hold ES harmless from any and all claims and judgements, and All assual oasis
and exaerms arising therefrom. ES $11811 dl5close to CLIENT. I nor fo use thereof. Camara or bid slions
'n me data. amen criteria. s.wmgs somdiwuons or .mer informal !umsned by CLIENT to
ES that ES may remonadty eiscaver in .; review and mabec.an mereat
6. REUSE OF DOCUMENTS
All aocumae; mauCmg answer. and soeabcapans mosirsed by EES cmu.ma m tn.. AGREEMENT
are Instruments of is, services ,n resoect of me PROJECT. Thep are not mom" or represent"
to to sui;hie for reuse by CLENT or others on expansion of Ins PROJECT or on any aide, protect
Any reuse without specific '.lirnen verification or actual OV ES Alt, be at C1ENT5 sole risk end
wth0ur papmty or legal exposure to ES, and CLIENT snail Indemnity and raid Permlme ES from
at claims. esmageAmean and Coal Including attorney s tees arising out of or mouitil merefrom
Any such venticaean or scallion will emus ES m It n ter compensation at rates to 0. agreed Toon
My CLIENT and ES.
TT,T-r10A1. ,
ter .-e -.:0 c+
CHANGES IN THESE TERMS AND CONDIT:CNS :IRE NCT 31NCING ON cS :'!1_'733 -!-E'! +;lc >I :VRIT'NG A !D
31GNEO 3`/ aN AUTHORIZED RE?RESENTATiVE OF EST
ENGINEERING -SCIENCE, INC.
2901 West Buscn Boulevard. Suite 905 • Tampa F!orida 33618 • (813) 933-4650 • Fax: (813) 932-7416
October 21, 1993
Mr. Rich Votapka
Utilities Director
1225 Main Street
Sebastian, Florida 32958
RE: Sebastian Environmental Audit
Report Update
Dear Mr. Votapka:
In accordance with your request, we have prepared an estimate to update the
environmental audit report we prepared last year for the subject facility. The work
effort would consist of -
0 Revisit all the sites visited during our previous visits (3 sites total).
■ Interview operators regarding any new activities since our previous visit.
■ Review regulatory files to update any activity since last year.
■ Revise the report to reflect any changes.
■ Discuss the report with the city of Sebastian and make any further
revisions mutually agreed upon.
Engineering -Science would provide the city of Sebastian with 5 copies of the
draft report and 10 copies of the final report. We propose to perform the above
services on a time and expense basis with a not -to -exceed fee of $2,000. This fee
assumes that no major revisions to the report are required. The attached Table 1
provides a breakdown of the cost by task.
We look forward to being of service to the city of Sebastian. Please call me if
you have questions.
Sincerely,
ENGGIINEERIN�G-SCIENCE, INC.
Thomas T. Jone', P.E.
Project Manager
TTJ: afs
Attachment
ffJ
M PARSONS „03NIOI M
TABLE 1
SEBASTIAN HIGHLANDS ENVIRONMENTAL AUDIT UPDATE
courAW
PROJECTPROJECT
MANAGER
ENGINEER
CLERICAL
LABOR
ODC'S
TOTAL
TASK
COMMENTS
$95
$65
$35
COST
I COST
TRAVEL
IREPRO
I PHONE
1
SITE VISIT, REG. REVIEW
1
13
2
$1,010
125
0
25
$1,160
2
REVISE REPORT
2
2
4
$460
0
25
0
$485
3
REVIEW AND FINAL
1
2
1
$260
0
45
50
$355
REVISIONS
TOTALS
4
: 17
7
$1,730
125
70
75
$2,000
c t %Y or SCBik!.—Tk nl
k"D
E9GIUEEeIn1G Sc2vtces
AG2b,'he,rT— kaIZSj93
ADDENDUM A
PAi"t InPZ
SUPPLEMENTAL TERMS AND CONDITIONS
(Environmental Audit Report Agreements)
The following supplemental terms and conditions shall take precedence over any inconsistent term
and condition in the AGREEMENT:
1. The information and conclusions presented in the report described in the Scope of Work
(hereinafter called the Report) shall be valid only for the circumstances of the site(s)
Investigated as described in the Report (hereinafter called the Premises) as they existed
during the time period of the investigation.
2. The Report shall not constitute a warranty, guaranty, or representation (1) of the absolute
absence of hazardous or otherwise harmful substances or conditions on the Premises or (2) if
such substances or conditions are found on the Premises, that the investigations accurately
define the degree and extent of possible contamination of the Premises.
3. ES shall evaluate the reasonableness and completeness of all relevant information, but ES
shall assume no responsibility for the truth or accuracy of any information provided to ES by
others or for the lack of information that is Intentionally or negligently withheld from ES by
others.
4. After termination of the AGREEMENT, If ES obtains Information that it believes warrants
further exploration and development, ES will endeavor to provide it to the CUENT, but ES will
not be liable for not doing so.
5. The Report shall be construed neither as a legal opinion nor as compliance with any
environmental law, "innocent landowner defense", or "due diligence inquiry'. Only legal
counsel retained by CLIENT shall be competent to determine the legal implications of
Information or conclusions contained in the Repot
6. Except as expressly provided for in our agreement with our client, ES shall not be responsible
for any effect upon CUENT's or others' legal rights, obligations or liabilities or for any effect
upon the financeability, marketability or value of the Premises or for the occurrence or non-
occurrence of any transaction involving the Premises based upon the Information stated in
the Report
7. The Report shall contain the following or a substantially similar "Notice to Interested Parties":
To achieve the study objectives stated in this report, we were required to base our
conclusions on the best information available during the period of the investigation
and within the limits prescribed by our client In the agreement.
'No investigative method can completely eliminate the possibility of obtaining partially
imprecise or incomplete information. Thus, we cannot guarantee that the
investigations completely defined the degree or extent of any contamination by
hazardous or otherwise harmful substances described in the report or, if no such
contamination was found, its absolute absence. Professional judgement was
exercised in gathering and analyzing the information obtained, and we commit
Su PieC. P,;Di 10vjs—Pnvr ZoFZ
CITY OF SE^r3 q�Tlq�.1 $e- EN 41U C-Z.2lN C— szzv IC.s
Dt\zr� 10 1Z5143
ourselves to the usual care, thoroughness, and competence of the engineering
profession.
'This report is not a legal opinion. It does not necessarily comply with requirements
defined in any environmental law such as the 'innocent landowner defense' or 'due
diligence inquiry. Only legal counsel retained by you is competent to determine the
legal implications for you of any information or conclusions In this report.
"Except as expressly provided for in our agreement with our client, Engineering -
Science is not responsible for any effect upon the legal rights, obligations, or liabilities
of any party or for any effect on the financeability, marketability, or value of the
property investigated in the study or for the occurrence or non-occurrence of any
transaction involving the property."
LM131
City of Sebastian
and
Engineering Services
Agreement - Dated 10/25/93
ATTACHMENT A
PROPOSED CLIENT INDEMNITY PROVISION
FOR ENVIRONMENTAL ASSESSMENT REPORTING SERVICES
City of Sebastian shall reimburse Engineering -Science's
costs, including but not limited to hourly fees for Engineering -
Science's expert, technical or other testimony and related
travel, preparation and copying costs, required of Engineering -
Science by City of Sebastian in any action instituted by City of
Sebastian or a third party involving Engineering -Science's
services provided hereunder, but not involving Engineering -
Science as a party to such action. "Third party" shall include
governmental organizations as well as private parties.
The parties agree that the proper venue for bringing any
action to interpret or enforce the Agreement, or to seek damages
pursuant thereto, shall be brought in the appropriate court
situated in Indian River County, Florida.
Revised 11/17/93