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HomeMy WebLinkAbout1993 11 24 - Environmental AuditCity of Sebastian POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 M E M 0 R A W D V M DATE: December 2, 1993 TO: The Mayor and City Council Members Through Kay O'Halloran, Interim City Manager FROM: Richard yotapka, Utilities Director -La V SUBJECT: Environmental Audit Report for the GDU Sebastian Highlands Treatment Plants Please find attached a copy of the referenced Environmental Audit Report as prepared by Engineering -Science, Inc. of Tampa, Florida. This report is updated from the initial report completed for General Development Utilities in September, 1992. The findings of the updated report indicate no major environmental concerns. There are some minor concerns, but they are not significant. Among the minor concerns, for example, is that the thermal insulation around the exhaust pipe for the diesel generator at the Filbert Street water treatment plant could be material which contains asbestos.. Another concern was the oily liquid observed on the floor of the storage shed which is caused by a small diesel fuel leak from the tractor stored in the shed. My major concerns were leaks and spills from the buried 2000 gallon and 6000 gallon diesel fuel tanks for the emergency generators at the plant. According to the report, there is no evidence of any release of fuel from either tank. Therefore, with the exception of minor concerns, the three sites investigated are basically environmentally "clean" sites. CC: Mayor and City Council Members with Marilyn Swichkow, Finance Director Gary Frese, Esquire, Frese, Nash & memo/audit Audit Report Torpy R,6 ATTORNEY-CLIENT PRIVILEGED ENVIRONMENTAL AUDIT REPORT LM FOR nu� Vnn V�. 0 SEBASTIAN HIGHLANDS/ U(� 3 PARCELS 9 Prepared for ,J rte, CITY OF SEBASTIAN SEBASTIAN, FLORIDA j 7 faw1 (on ATTORNEY-CLIENT PRIVILEGED Mft ENVIRONMENTAL AUDIT REPORT F19 r" FOR SEBASTIAN HIGHLANDS/ 3 PARCELS P" � Prepared for CITY OF SEBASTIAN SEBASTIAN, FLORIDA rMn 11011 Prepared by ENGINEERING -SCIENCE, INC. Tampa, Florida �' November 1993 . FW9 NOTICE TO INTERESTED PARTIES P. -, To achieve the study objectives stated in this report, we were required to base our findings 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 this report or, if no such contamination was found, its absolute absence. Professional judgment was exercised in gathering and analyzing the information obtained, and we commit ourselves to the usual care, thoroughness, and competence of the engineering profession. FA9 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 rte, diligence inquiry". Only legal counsel retained by the client is competent to determine the legal implications regarding 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. F1111 TAMI/S®ASAW/D - 1 - P"1 ATTORNEY-CLIENT PRIVILEGED EXECUTIW SUMMARY An environmental audit was initially conducted on the Sebastian Highlands Water FMI Treatment Plant and Wastewater Treatment Plant parcels under the control of General Development Utilities, Inc. (GDU). The sites support various water and wastewater facilities that provide these utility services to the Sebastian Highlands area. The M9 objectives of these audits were to identify and document past and present activities or practices that may result in potential environmental concerns. Audits of the various rMl sites consisted of an on-site and off-site reconnaissance, aerial photograph review, regulatory file review, and interviews with GDU personnel knowledgeable with the sites. A site reconnaissance was completed at each of the facility sites in August 1992 rMI with a draft report issued for review in September 1992. An update audit was requested and authorized by the city of Sebastian in October 1993 with the final report being issued in November 1993. The type and number of environmental concerns identified in these audits are not unusual for similar facilities of their size, nature, and complexity. The majority of the sites did not exhibit significant areas of on-site environmental concerns, with the exception of the presence of sprayed insulation observed at the old WTP that may require further investigation and septic tank discharges associated with the new WTP office building. The presence of an oily liquid on the floor of the WWTP storage shed was the primary area of concern noted at that facility. The remaining potential environmental concerns associated with the three facilities appeared minimal consisting of minor violations in the operation of the WWTP. The only off-site environmental concern at the WWTP was associated with the presence of an orange grove with potential pesticide impacts. However, potential environmental impact is considered minor due to the presence of a drainage ditch separating the WWTP property from the grove. P0, rul T. IWEBASAUM ES - 1 "n F" TABLE OF CONTENTS Pm SECTION 1 - INTRODUCTION 1.1 - PURPOSE................................................................. 1-1 1.2 - SCOPE OF WORK ...................................................... 1-1 1.3 - ENVIRONMENTAL OVERVIEW .................................... - SECTION 2 - SEBASTIAN HIGHLANDS 2.1 - WATER TREATMENT PLANT (OLD) ............................. 2-1 2.2 - WATER TREATMENT PLANT (NEW) ............................ 2-2 2.3 - WASTEWATER TREATMENT PLANT ............................ 2-5 rAn Ion eon LIST OF FIGURES 1.1.1 - Site Location Map 2.1.1 - Sebastian Highlands Water Treatment Plant (Abandoned) and Wastewater Treatment Plants Vicinity Map 2.1.2 - Sebastian Highlands Water Treatment Plant (Abandoned) Site Plan 2.2.1- Sebastian Highlands Water Treatment Plant (New) Vicinity Map 2.2.2 - Sebastian Highlands Water Treatment Plant (New) Site Plan 2.3.1- Sebastian Highlands Wastewater Treatment Plant Site Plan T/A381%S®ASADT%D - i - fin 1=1 Pon SECTION 1 INTRODUCTION 1.1 PURPOSE Engineering -Science, Inc. (ES) has completed environmental audits at the Sebastian Highland Water Treatment Plant and Wastewater Treatment Plant under the control of General Development Utilities, Inc. (GDU). The purpose of these environmental audits was to identify areas of potential environmental concern associated with operations conducted at the various GDU facilities and properties. A total of three (3) parcels, including two (2) water treatment plants and the wastewater treatment plant were evaluated. The parcels addressed in the audits were as follows: ■ Wastewater Treatment Plant ■ Water Treatment Plant - Old '1' ■ Water Treatment Plant - New The general location of the sites is presented on Figure 1.1.1. Audits of these three parcels by ES representatives consisted of an on-site reconnaissance of each property, an off-site reconnaissance of adjacent properties, a regulatory review of each site property and adjacent properties, a review of historical aerial photographs, and interviews with GDU facility personnel. The purpose of the site reconnaissance and interviews was to identify potential sources of contamination from chemical storage areas, above ground or underground fuel storage tanks, or from past spills or leaks at the facilities that may have adversely affected the environment. Agency records (state and local) regarding potential environmental contamination issues relative to the sites were examined. The nature of adjacent property uses was identified to assess the potential environmental impact the adjacent properties may have on the GDU properties included in the audits. 1.2 SCOPE OF WORK The environmental audits completed for the three parcels were conducted according to the scope of work provided in our August 11, 1992 proposal submitted to GDU. The scope of work included a site visit to each GDU facility and an interview of personnel who may have knowledge regarding the various sites. Photographs were also taken at each site. A second site visit was performed in October 1993 to update the information obtained in the earlier visit in accordance with our October 21, 1993 proposal to the rcity of Sebastian. T"I% ASAU w 1 - 1 rst r-11-1 r-1 r09 ron F29 r�1 rn SITE LOCATION MAP FIGURE 1.1.1 N NOT TO SCALE P Q * -.;pa ES ENGINEERING -SCIENCE SEBASTIAN rMI 1.3 ENVIRONMENTAL OVERVIEW Several generalizations can be made for the facilities regarding various environmental issues. These generalizations are addressed below and in specific detail for each facility where applicable. Asbestos. A survey for asbestos was not included in the scope of work for this project. However, if material was observed that could reasonably be suspected of containing asbestos, this was reported. Solid Waste. At a majority of the facilities, the solid waste generated was typically composed of paper, empty containers, etc., and is generally disposed of in on-site dumpsters. The dumpsters are regularly emptied by contract haulers and the trash is M9 disposed of in local municipal or county landfill. At the facilities without garbage service, the trash is taken by a GDU employee to the nearest public transfer station or to another GDU facility with garbage service. TA MEBASA TO 1 - 2 During each interview, an environmental questionnaire was completed and the following information was gathered: ■ General site information (location, history, adjacent land use). ''' ■ General process description. ■ Current land use and site configuration. ■ Possible hazardous materials present on-site. ■ Locations of known or suspected releases and spills. ■ Existing non process storage tanks. ■ Location of electrical transformers and obtaining records from appropriate electric utility companies regarding the presence of polychlorinated biphenyls (PCB) at concentrations greater than 500 parts per million (ppm). ■ If water bodies are present or adjacent to the site, the FDEP water body classification shall be indicated if applicable. In addition, ES contacted the appropriate state or local agencies regarding regulatory status of the sites, including permits and registrations, spill reports, and non- compliance notices. The regulatory review included the following environmental issues: water and wastewater process, discharge, and disposal; solid waste; above ground and/or underground storage tanks; and hazardous materials management. Historical use of the properties were investigated through the use of interviews and through a review of available aerial photographs. No title searches were conducted as a part of this investigation. 1.3 ENVIRONMENTAL OVERVIEW Several generalizations can be made for the facilities regarding various environmental issues. These generalizations are addressed below and in specific detail for each facility where applicable. Asbestos. A survey for asbestos was not included in the scope of work for this project. However, if material was observed that could reasonably be suspected of containing asbestos, this was reported. Solid Waste. At a majority of the facilities, the solid waste generated was typically composed of paper, empty containers, etc., and is generally disposed of in on-site dumpsters. The dumpsters are regularly emptied by contract haulers and the trash is M9 disposed of in local municipal or county landfill. At the facilities without garbage service, the trash is taken by a GDU employee to the nearest public transfer station or to another GDU facility with garbage service. TA MEBASA TO 1 - 2 rX9 Water. The GDU water treatment plants (WTP) are regulated under Chapter 17- 550Y FAC (Drinking Water Standards, Monitoring and Reporting), Chapter 17-555, FAC (Permitting and Construction of Public Water Systems), and Chapter 17-560, FAC (Public Water System Non -Compliance Requirements). Public water systems 'm' require construction permits that are issued by the Florida Department of Environmental Protection (FDEP); however, the FDEP does not issue operation permits but compliance is determined by periodic monitoring. The appropriate water management district does issue consumptive use permits for the public supply systems. Each water management district may conduct compliance monitoring with respect to r'09 water quality and capacity. Wastewater. GDU wastewater treatment plants (WWTP) are regulated by the r -n FDEP under Chapter 17-600, FAC (Domestic Wastewater Facilities), Chapter 17-601, FAC (Domestic WWTP Monitoring), Chapter 17-602, FAC (Water and Wastewater Plants Operator Certification), Chapter 17-7(5), FAC (Domestic Sludge Classification, Utilization and Disposal Criteria), Chapter 17-640, FAC (Domestic Wastewater Residuals), and Chapter 17-610, FAC (Reuse of Reclaimed Water and Land Application). The GDU wastewater treatment facilities are required to submit monthly operating reports and maintain compliance with respect to the current operation permit issued by the FDEP. Nonprocess Storage Tanks. Nonprocess above ground storage tanks containing petroleum products are regulated by the FDEP under Chapter 17-762, FAC. Underground storage tanks are regulated by the FDEP under Chapters 17-761, and 17- 770, FAC. However, due to their specific use (non -vehicular) and size, these tanks may qualify for specific exemptions under state and federal law. Above ground storage must be visually inspected on a regular basis and the observations must be documented. At this time, no further compliance issues need to be addressed. Underground storage tanks do not require compliance monitoring wells, or daily inventory documentation. However, by December 31, 1998, these tanks will require secondary containment and overfill/overspill protection. Hazardous Material Management. During the site reconnaissance, the storage of hazardous or potentially hazardous substances was observed. Material Safety Data Sheets (MSDS) were available at each of the facilities which used potentially hazardous substances. During an on-site reconnaissance of the various facilities, it was noted that �+ the WTP and WWTPs use chlorine in the treatment processes. The spent chlorine tanks are not discarded, but are returned to the supplier for refilling and distribution. Each of the facilities have emergency contingency plans incorporated in Tier -2 reports which are filed annually with the appropriate state and local agencies. The materials TA381NSFBASADIID 1 - 3 M YUR observed by ES representatives at the facilities are typical in type and quantity of those used at WTPs and WWTPs. • r Air Emissions. None of the GDU facilities currently operate any air pollution sources and air permits are not required under Chapters 17-2, Florida Administrative Code (FAC). Sludge Handling and Disposal. The disposal of sludges is dependent on specific site practices. At these facilities where sludges are disposed of on-site, disposal is permitted under the specific operating permit. However, where sludges are transported �-+ off-site for disposal, it is the responsibility of the transporter to properly dispose of the sludges at a permitted site in accordance with Chapter 17-640, F.A.C. ,-, Surface Water Discharge. None of the facilities reviewed in our audit require off- site National Pollutant Discharge Elimination System (NPDES) discharge permits as required by the USEPA. These permits are not required since none of the facilities discharge to waters of the state. rMl Vol P9 rM9 PIn TA3 MEBASA n"O 1 - 4 �j -1-, AAIhAGE R+/ w I +♦ c 1� .'0 Js -• - ,C , _i ,< T 7 , - n • G.N. 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W $° - JR0-1 Lm tu.#� ,►, ;DU SCOW owom rev. .7•MWs` 8 KEY: D 1 p Q SOIL BORING � ® EXI8TINQ-MONITOR-WEhL 5 0 DOUBLE -RING INFILTRATION TEST (JULY 1983) 07 O TRENCH INFILTRATION TEST nrf4sc scrue 09 00 TRENCH DUG BUT NO TEST PERFORMED kno TnEES * INDICATES CONTINUOUS SAMPLING AIA115N l,rENCS hvET) •MY�d , (2 3.......... ..x�........ ......... .4 s s s �i Ij POND 3 C] s' w �.• 5. FOND 2 h'I.1rd18 O _ �•®,.r O111vi v! %� Q i Q1* 10 ! 1 Q _ �N 1 ,� PI.F:Y.INQ > 1 Ptui. ti1 LOT 1 Q ie 14 12 W e L L r ?� r W wrr. 13 Q } SCsu `� 0( • goo m r.« D2 4 ;®► raver ' SLUOGE = rONO i P014D I i I73 , m w20 iv Yia_ . .......................... , /V��'� $CAUe Al:i 111EES ti L 02 LAKE SCHUMANN �co SECTION 2 SEBASTIAN HIGHLANDS 2.1 WATER TREATMENT PLANT (OLD) Site Description. The site property, which contains approximately eight acres, is located near the intersection of Manly Avenue and Donna Street in Sebastian, Indian River County, Florida. A site location map is presented as Figure 2.1.1, and site specific features are noted on Figure 2.1.2. The site is located in Section 18, Township 31 South, Range 39 East. Pu+ The subject property, which is no longer used as a water treatment facility, contains one high -service pump room, one 10,000 gallon hydropneumatic tank, one liquid petroleum tank, one fiberglass chlorine building, and one 352,000 gallon storage tank. r89 The construction date of the facility is not known. There were two potable wells located on the site which ranged in depth from 350 to 620 feet in depth. The wells r-, were properly abandoned and grouted after their use was terminated. Process. According to GDU personnel, extracted groundwater was aerated and chlorinated prior to transfer to the water distribution system. No treatment processes are currently conducted at the facility. Adjacent Properties. Residential properties are located east and south of the site. Schumann Lake is located west of the site, and a citrus grove is located north of the site. The use of pesticides at the adjacent grove could be a potential environmental concern. Regulatory Review. A review of FDEP files for the facility indicated there are no �+ listed generators of hazardous waste, or treatment, storage, or disposal facilities or transporters of classified hazardous waste located in the vicinity of the WTP. There were no available files for review at the FDEP regarding the WTP operations. The two previously utilized potable wells were abandoned under SJRWMD permit numbers 3 -061 -0400 -APB and 3 -061 -0401 -APB. The wells were abandoned by Pierson Drilling Company, Ft. Pierce, Florida in June 1988. The abandonment of the wells consisted of filling with limerock fill material and grouting the well from the top ran of the wellscreen to land surface. The wells were then cut off 12 -inches below grade. Aerial Photograph Review. Aerial photographs from 1975, 1981, 1984 and 1992 1"n were available for review. In the 1975 aerial photograph, the WTP is present with a single well/pumphouse and a 52,000 -gallon storage tank. The second well/pump house fal TAMSEBASAUM 2 - 1 �] does not appear to be present. Surrounding areas appear to be similar to current conditions. The 1981 aerial ,photograph reveals the second well/pump house has been added. The 1984 aerial photograph reveals the 352,000 gallon storage tank has been added and the smaller tank has been removed. The 1992 aerial photograph reveals the WTP site as currently configured, and both wells/pump houses have been removed. No changes from the present day configurations of the adjacent properties were noted in the aerial photograph review. Hazardous Materials Management. There were no hazardous materials or potentially hazardous materials stored at the site during the site reconnaissance. The sprayed insulation inside the high -service pump building may need to be investigated further to confirm the compositions of the material. Nonprocess Tanks. There were no nonprocess tanks observed at the facility during the site reconnaissance. `" Wastewater Disposal. According to GDU personnel, a septic tank was not installed at this location, and a laboratory was not present at this facility. Therefore, it appears that wastewater was not generated at this location. Transformers. There were two pole -mounted transformers adjacent to the site. Transformers are known to possibly contain PCB in the dielectric fluid. Discussions with the local power company, FPL, revealed that all PCB -containing transformers have been removed from service in the Sebastian area. ran Summary of FIadings. With the exception of the insulation material inside the high -service pump building, no apparent on-site environmental concerns were noted. �+ No apparent regulatory concerns were revealed during the FDEP file review. The adjacent citrus grove may represent potential pesticide impacts. 2.2 WATER TREATMENT PLANT (NEW) Site Description. The site property, which contains approximately nine acres, is r-, located at 170 Filbert Street in Sebastian, Indian River County, Florida. A vicinity map is presented as Figure 2.2.1 and site specific features are indicated in Figure 2.2.2. The site is located in Section 19, Township 31 South, Range 39 East. A canal Pon is located east of the plant. The facility was reportedly built in 1982. The subject property contains two potable production wells (one is off-site), a (MI 500,000 gallon storage tank, storage building, a 10,000 -gallon hydropneumatic tank, an aerator, a control building including an office, laborator.L, Lhigh-service pump room and chlorine room, precipitator and chemical silo, and onepwashwater recovery pond and two lime sludge ponds. Three employees are assigned to the Sebastian Highlands WTP. TA MEBASAUM 2-2 1''11 r -WT Pel Process. Groundwater is withdrawn from two production wells located both on and off-site. The two potable production wells were similar in construction and were installed in June 1981 under SJRWMD permit numbers 3-061-0136 and 3-061-0137. Based on a Drilling and Testing Report issued by Geraghty & Miller, Inc., the wells were constructed to a depth of approximately 95 feet below land surface with 18 -inch diameter surface casing. The wells were each permitted with a capacity of 700 gallon per minute. The pumped groundwater is aerated, softened by the lime treatment process and �+ filtered. The water is then treated with chlorine prior to discharge to the water distribution system. Lime sludge generated from the treatment process is pumped to sludge ponds located east of the treatment area. Adjacent Properties. The properties adjacent to the site are primarily residential. No environmental concerns were noted during the reconnaissance of adjacent properties. Regulatory Review. A review of FDEP files for the facility indicated there are no listed generators of hazardous waste, or treatment, storage, or disposal facilities or transporters of classified hazardous waste located in the vicinity of the WW'!P. �+ There is one registered 6,000 -gallon diesel underground storage tank containing emergency fuel. There is no record on -file with the Indian River County Public Health Unit that this tank has been inspected. The Sebastian Highlands WTP is currently operating under SJRWMD consumptive use permit No. 2-061-0142UNR. According to the permit, a number of monitoring wells are measured either weekly or monthly for drawdown evaluations. Quarterly samples are collected from the monitoring wells for chlorides and total dissolved solids (TDS), and monthly samples are collected from the production wells for chlorides. Monthly reports on pumpage and water quality are submitted to the FDEP. A review of the FDEP files identified two ' incidents of concern. Previously conducted chemical analysis indicated the presence of butyl benzyl phthalate in monitoring wells #1 and #3, and in February and April 1990 there were exceedances of the 3 T.O.N odor standard. �+ As requested by FDEP, in a letter dated April 18, 1990, three subsequent tests were conducted on samples collected on May 1, 3, and 8, 1990 for odor testing and analysis. The results of these analyses revealed odor threshold values of one T.O.N. from samples collected at the same sampling point as previously sampled. rLaboratory analyses conducted on January 23, 1992 revealed a concentration of butyl benzyl �+ phthalate below the method detection limit (1VML) of 0.01 milligrams per liter (mg/L) on a water sample collected from monitoring well #1 located at the WTP. Subsequent analysis conducted on a water sample collected on March 25, 1993 indicated that the ron TAi81 MASAUM 2-3 fel r-09 concentration of butyl benzyl phthalate was also below the MDL of 0.0034- mg/L. No corrective actions or additional problems were noted in the files. Aerial Photograph Review. Aerial photographs from 1975, 1981, 1984, and 1992 '�' were reviewed. The 1975 and 1981 aerial photographs show the site as vacant, and surrounding areas undeveloped with a few roads constructed. The 1984 and 1992 r=, aerial photographs show the WTP as currently configured with the present surrounding residential areas. Hazardous Material Management. Chlorine cylinders (150-1b), treatment compounds, laboratory reagents, and maintenance supplies were observed at the site. The chlorine cylinders are capped and chained and stored in the control building. The �+ treatment compounds in the storage building included bags of lime, containers of dry chlorine, containers of polyphosphate, and an open drum of caustic soda for chlorine leaks. The laboratory reagents stored in the laboratory included sulfuric acid, EDTA, silver nitrate, ammonium hydroxide, sodium thiosulfate, muriatic acid, and pH bur S. The laboratory did contain the appropriate MSDS. ( q 54 y D., I-,. s "..A 'A" The laboratory lavatories and sinks discharge to a septic tank and associated drainfield, and large volumes of discharged chemicals could potentially cause an ,u, adverse affect on the septic tank operation. However, it was indicated by GDU personnel that only minimal quantities are utilized in the laboratory; therefore, the discharge of the diluted laboratory chemicals into the drainfield appears to represent a r"I -minor environmental concern. The maintenance shed stores various maintenance equipment, paints, oils, and PER cleaners. No obvious spills were noted in the site reconnaissance. Used oil from the maintenance equipment is collected and taken to the GDU facility in Port Malabar for storage and recycling. During the inspection of the high -service pump building it was noted that there was thermal insulation around the exhaust pipe to the generator that could potentially be asbestos -containing material. However, since the shed was constructed in about 1983, with the use of asbestos -containing materials minimized, the presence of asbestos in the ran insulation is not considered likely. Sampling and laboratory analysis would be required to accurately identify the presence of asbestos within the insulation material. The insulation material appears to cover about a six-foot section of piping. ran Nonprocess Tanks. Currently one 6,000 gallon diesel underground storage tank is registered at the site under FDEP Facility No. 318629917. The tank is used to supply P* fuel for emergency power generation. The tank is currently not required to have monitoring wells by state law, and no such monitoring wells are present to provide confirmatory evidence regarding past or current releases. The operator indicated the `r � a..,, �., TA3 WEBASAUM 2-4 44 `� � �- n tank inventory is checked before and after generator operations once a week. An inspection by the Indian River County Public Health Unit indicated that monitoring wells will be required for the tank at a later date. Wastewater Disposal. Wastewater from the laboratory sinks and lavatories discharge to an on-site septic tank and drainfield located west of the office building. One floor drain located in the lavatory also is believed to discharge into the septic tank. Transformers. There is one pad -mounted transformer at the site. Transformers are known to possibly contain PCB in the dielectric fluid. According to discussions with the local power company, FPL, all PCB -containing transformers have been removed from service in the Sebastian area. Summary of Findings. The one observed area of concern at the site is the septic tank located west of the office building. The septic tank accepts laboratory chemical discharge, and there is the potential that the chemicals could affect the septic tank processes and could ultimately be discharged into the environment through the drainfield. However, as discussed above, minimal quantities of chemicals are typically used in the laboratory and potential environmental impact is considered minor. The insulation material surrounding the generator exhaust pipe may potentially be asbestos - containing material. 2.3 WASTEWATER TREATMENT PLANT �, Site Description. The site property, which contains approximately 29 acres, is located at the end of Bailey Drive in Sebastian, Indian River County, Florida. A vicinity map is presented as Figure 2.1.1, and site specific features are presented in MR Figure 2.3.1. The site is located in Section 18, Township 31 South, Range 39 East. Schumann Lake is located just east of the WWTP. + The subject property contains one 0.300 MOD conventional activated sludge wastewater treatment facility, including an operations building. with laboratory and office, two maintenance sheds, three percolation ponds and two sludge drying basins. It was reported that the facility was constructed in the early 1980s. The facility is serviced by the employees that are assigned to the Sebastian Highland WTP. rml Process. Wastewater treatment is provided by a 0.300 MOD activated sludge plant utilizing the extended aeration process with disinfection by chlorination. Effluent disposal is by three on-site percolation ponds. The ponds have a permitted capacity of 0.142 MOD, but application has been made to FDEP to re -rate the ponds to 0.160 MOD. Wet sludge is currently transported off-site by a licensed hauler. TAMSEI ASAUM 2-5 _ According to permit requirements, groundwater samples are collected quarterly from � the wells monitoring the percolation ponds. Sludge generated from the treatment process is currently transported off-site by a licensed hauler. Formerly the sludge was dried on-site in two drying beds and disposed of in the southern portions of the property. The sludge is sampled semi-annually. Adjacent Properties. Citrus groves are present to the extreme north and west of 'MI' the site, and the use of pesticides at the groves could be a potential environmental concern. Schumann Lake is located east of the site, and residential areas are located further east of the site. Potential wetland areas were observed north of the site. It was noted during the site reconnaissance that the fence was down in the southwestern portion of the property adjacent to the citrus grove. Regulatory Review. A review of FDEP files for the facility indicated there are no listed generators of hazardous waste, or treatment, storage, or disposal facilities or transporters of classified hazardous waste located in the vicinity of the WWTP. There is one registered 2,000 -gallon underground diesel tank for containing emergency generator fuel. An inspection was attempted by the Indian River County Pubic Health Unit on July 31, 1991, but the tank could not be located. The Sebastian Highlands WWTP is currently operating under FDEP permit No. D031-233039 which expires on September 28, 1998. The permitted capacity is 0.142 MGD. A review of the FDEP domestic waste files indicated the following non- compliance issues or operational problems: ■ October 14, 1993 - New operational permit #D031-233039 issued and expires September 28, 1998. ■ August 5, 1993 - A letter from Mr. James H. Miller, P.E., representing GDU �., indicated that on-site residual disposal was being discontinued. Disposal will be achieved by contracting with an off-site licensed hauler. ■ July 27, 1993 - An FDEP letter indicated that the existing operating permit will expire on August 15, 1993 and must be renewed. ■ June 25, 1993 - A letter from Alvin Castro, P.E. (Domestic Waste Section Supervisor for FDEP) indicated that the facility must provide an agricultural use plan or, if residuals are to be disposed of on-site, provide an on-site disposal �+ protocol. - - ■ May 14, 1993 - A letter from Mr. Buddy Betschart of GDU indicated that the ,.., flow chart recorder is repaired and operational. z"«EBASAUM 2 - 6 M ■ April 15, 1992 - An inspection at the facility noted the plant needed an operation �+ flow chart recorder. ■ March 15, 1989 - Seepage was noted on the outside structure and around the effluent discharge line of the chlorine contact chamber. ■ July 17, 1986 - A letter from Mr. Buddy Betschart of GDU indicated that there was a break in a four -inch diameter force main on July 11, 1986. Immediate action was taken to correct the situation according to the letter. No indication of the spill volume was given, and no follow-up action was noted. No additional operational or non-compliance inspection problems were noted in the file. Aerial Photograph Review. Aerial photographs from 1975, 1981, 1984 and 1992 - were available for review. The 1975 aerial photograph revealed the presence of a structure, and what appears to be a pond located on the WWTP property. The purpose of the pond is not known. Surrounding areas are similar to current conditions. The 1981 aerial photograph reveals the pond is filled in, but the current WWTP has not yet been constructed. The 1984 and 1992 aerial photographs reveal the WWTP site as - currently configured. No changes from the present day configurations of the adjacent properties were noted in the aerial photograph review. Hazardous Materials Management. Chlorine gas cylinders (150-1b), laboratory reagents, and maintenance supplies were observed at the site. The chlorine gas cylinders are capped and chained inside a fiberglass storage building. The laboratory - - reagents stored in the laboratory include pH buffers and formerly sulfuric acid. The �+ laboratory sinks discharge to a holding tank and is discharged into a lift station. Maintenance supplies are stored in two sheds and include dry chlorine, Prestachlor (chlorine with HTH), small amounts of weed killer, small amounts of diesel and gasoline, floculant and maintenance equipment. Used oil is taken to the GDU Port �- Malabar facility for storage and recycling. At the time of our site inspection on October 25, 1993, an oily liquid was observed on the floor of the storage shed. A bucket with oily fluid was also observed under a small tractor in the shed. The operator stated that the tractor leaks some diesel and that this was the source of the oily liquid. The bucket is used as containment to prevent further spills. Nonprocess Tanks. Currently one 2,000 -gallon underground storage tank containing diesel fuel is registered at the site under FDEP facility No. 318629987. The tank is for emergency power, and is not required to have monitoring wells by current state law. The Indian River County Public Health Unit attempted to inspect the tank on July 31, 1991, but could not find the tank. The tank was located during our site reconnaissance, and appears to have spill containment around the fillpipe. rul TA MEBASADTO 2-7 - Wastewater Disposal. Wastewater from the laboratory sinks and lavatories discharges to a holding tank that is pumped into the treatment plant. Floor drains were - r not noted at the facility. Transformers. Two pole -mounted transformer were noted on the property. Transformers are known to possibly contain PCB in the dielectric fluid. Discussions with the local power company, FPL, revealed that all PCB -containing transformers in the Sebastian area have previously been removed from service. - Summary of Findings. The primary visible area of environmental concern �+ observed from the on-site reconnaissance is the visible oily liquid on the floor of the _ storage shed. The apparent source of the oily discharge is the tractor which is stored in the shed. The extent of the potential impact from the discharge appears minimal, however, the floor is constructed of wood and the total extent of impact could not be -- evaluated at this time. The site does contain a 2,000 -gallon diesel underground storage tank, but there is no - evidence in the regulatory files that a release from this tank has occurred. Minor violations in treatment plant operation were noted since 1986, but these have since been corrected and the resulting inspections revealed only minor or no violations. Surrounding the site are citrus groves with potential pesticide impacts; however, due to the presence of a drainage ditch separating the property from the citrus groves which would tend to act as a hydraulic barrier, the potential for environmental impact is �, considered to be minor. TAMPS®ASAUM 2-8 '7 FIGURE 2.1.1 CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA SEBASTIAN HIGHLANDS WASTEWATER TREATMENT PLANT (FACILITY NO.5) AND (ABANDONED) WATER TREATMENT PLANT (FACILITY NO.25) VICINITY MAP CITRUS GROVE L 0 300 600 900 FEET , y ------ _� I I WATER TREATMENT I PLANT (ABANDONED) WASTEWATER TREATMENT i I FACILITY N0.25 2 PLANT FACILITY NO. 5 I I FORMER I WELL NO.2 � I v°''¢• FORMER `nom WELL NO.1 r CITRUS G OVE j - - MANLY AVE. > I l` p9i / UMANN DR. O if,O \ l�•` cr— U � I I i � I W Li L -i Y �a J Z :: v` RESIDENTIAL Z J .a a U VLj 0 LEGEND I I WASTEWATER TREATMENT L _ _ -1 PLANT FACILITY NO. 5 SITE LIMITS r I WATER TREATMENT L _ J PLANT FACILITY (ABANDONED) SITE LIMITS ES ENGINEERING -SCIENCE run rld J U W ZO oLn vJ <00 J J c� J LC7 W mp= . Ln LL- M %-., 0 O W ci z z O 0 �a W m �a N W •Z 00 z p J Z J Q W m 3a 7 Y, FIGURE 2.1.2 L O'-% > J rx a Co -H � g W= N ui w v r' � ck: X N O w 0 Q W Q zcxocp W U 1' -V:90 10 !C6/0l/ 80 *sve3S--� 1 W U z w U z Noww w z V Z w ol C� D y OZ ~ ~ Y Y z =a Z z � � W a ~ Lr) WOQ J U W CL r. 4 m W O c? a W O a m - a � F- v� V)i 3 � W z Z 0 '� QW CL z— m j n. O O> >� UOQ Q C7 Z d O ZW LL' EL ZW acx � W (� rnz rY a- 00 C7 F- V zoo O 0 0 Z D O0 0 ix Op Q QX � � al WN Qz OCA z a I 0 �o V1 O W m hW �J LLLJJOQ 0G x C4 O ul) = d Q W G. W v d W M a= m WI-. W t� I l t l 1 l l '1S �NNOQ j ) j j rld J U W ZO oLn vJ <00 J J c� J LC7 W mp= . Ln LL- M %-., 0 O W ci z z O 0 �a W m �a N W •Z 00 z p J Z J Q W m 3a 7 Y, FIGURE 2.1.2 L O'-% > J rx a Co -H � g W= N ui w v r' � ck: X N O w 0 Q W Q zcxocp W U 1' -V:90 10 !C6/0l/ 80 *sve3S--� 1 W U z w U z Noww w z V Z w ol FIGURE 2.2.1 CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA SEBASTIAN HIGHLANDS WATER TREATMENT PLANT (FACILITY NO.24) VICINITY MAP r N 0 200 400 600 FEET WELL HOUSE NO.1 * 25HP/6" DISCHARG RATED 600 GPM (ACTUAL 480 GPM) WATER TREATMENT PLANT -,- SEE DETAIL SITE MAP - WELL HOUSE NO.2* 40HP/8" DISCHARG RATED 800 GPM (ACTUAL 480 GPM BARBER ST• LEGEND r - - -I I i WATER TREATMENT L --J PLANT (NEW) FACILITY NO. 24 SITE LIMITS WASHWATER RECOVERY POND (510,000 GAL.) SLUDGE POND NO.1 (310,000 GAL.) SLUDGE POND NO.2 (290,000 GAL.) CONSUMPTIVE USE PERMIT NO.2-061-0142UNR * COMBINED TOTAL DAILY WITHDRAWAL NOT TO EXCEED 1.53 MG. (1992) * COMBINED TOTAL ANNUAL WITHDRAWAL NOT TO EXCEED 230.6 MG. (1992) DER FACILITY #3311136 0.67 MGD. ESENGINEERING-SCIENCE M9 FIGURE 2.2.2 CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA SEBASTIAN HIGHLANDS WATER TREATMENT PLANT (FACILITY NO.24) SITE PLAN N WELL HOUSE NO.2 NOT TO SCALE (SEE VICINITY MAP FOR LOCATION) r-.--�--ice I r I Flp 1 HYDROPNEUMATIC TANK 10,000 GAL. — AERATOR CONTROL BUILDING: CHLORINE ROOM (2) 150# CYLINDERS AND INJECTOR PUMPS 355KW ELECTRIC Q / GENERATOR HIGH SERVICE PUMP ASPHALT 43 600 GPM. DRIVEWAY HIGH SERVICE PUMP #2/250 GPM. o FINISHED WATER METER o HIGH SERVICE PUMP , #1/400 GPM. ! SEPTIC TANK/DRAIN FIELD OFFICE/LAB 6,000 GAL. DIESEL USTJ STORAGE BUILDING: CHEMICAL MIXING TANKS (ALUM + POLYMER ON LINE BUT NOT USED) DEAD STORAGE (3 ROOMS) PRECIPITATOR SLUDGE RECIRCULATION PUMP CHEMICAL SILO (GRIT REMOVAL BELOW) WASHWATER RECOVERY POND (510,000 GAL.) �aoc 11 TRANSFER PUMPS BACKWASH PUMPS BACKFLOW PREVENTERS, AND BYPASS GRAVITY FILTERS (3) SLUDGE POND NO.1 310,000 GAL GROUND STORAGE RESERVOIR (500,000 GAL.) CONCRETE SEE VICINITY MAP FOR POND NO.2 310,000 GAL. — WELL HOUSE NO.2 ESENGINEERING-SCIENCE FIGURE 2.3.1 CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA SEBASTIAN HIGHLANDS WASTEWATER TREATMENT PLANT (FACILITY NO.5) SITE PLAN MONITORING WELL N , La NOT TO SCALE SPRAY CRETE BERM SAND BOTTOMS TOPPING (TYP) (TYP.) # t i IF t 1 PRECAST CONCRETE TREATMENT PLANT: AERATION NO.2 99,000 GAL. --� AERATION NO.1 204,000 GAL. - PLANT INFLUENT 8" AEROBIC SLUDGE DIGESTER 62,480 GAL. FINAL SETTLING 50,900 GAL. CHLORINE CONTACT CHAMBER , 122,070 GAL. FENCE DOWN IN VARIOUS AREAS (SUBSEQUENTLY REPAIRED) —J 1 i i i T y PERCOLATION PONDS t MONITORING WELL FIBERGLASS CHLORINE STORAGE (2) 150u CYL. BLOWERS OPERATION BUILDING: LAB/OFFICE DIESEL GENERATOR 125 KVA BAILEY DR. DIESEL FUEL STORAGE TANK SITE STORAGE SHED PERMIT D031-153322® 300,000 GPD -SITE LIMITED TO 142,000 GPD DUE TO POND SIZING. -�--MONITORING WELL /Zc" �/ \ F � MONITORING i WELL i PERCOLATION i POND ,� „ ,s• MONITORING WELLS i E�j ENGINEERING -SCIENCE General Development Utilities, Inc. AN ATLANTIC GULF COMMUNITY CORPORATION SUBSIDIARY 2601 SOUTH BAYSHORE DRIVE MIAMI, FL 33133-5461 (305)859-4331 Mr. Bruce L. Beal Senior Counsel Engineering -Science, Inc. 100 West Walnut Street Pasadena, California 91124 Re: Consent to Potential Conflict of Interest Dear Mr. Beal: FiU'. Ev%, yo%nw.4-%.l Aw i4 - �ff AV FLIIJ r? NOV 2 9 1993 ___Charles E. Fancher, Jr. PAIWENT- - - - - ,, November 2321993 Attached is the original letter (dated Nov. 1, 1993) on the above subject executed by both the City of Sebastian and General Development Utilities. Very truly yours, Charles E. Fancher, Jr. CEF:gi I Attachment cc: M. Langley, Esq. (w/attach.) T. Jones C. Nash, Esq. K. O'Halloran R. Votapka (w/attach.) ENGINEERING -SCIENCE, INC. 100 West Walnut Street • Pasadena, California 91124 • (818) 440-6000 a Fax: (818) 440-6195 November 1, 1993 Mr. Charles Fancher Mr. Richard Votapka 2601 S. Bayshore Drive Utilities Director Miami, FL 33133 1225 Main Street General Development Utilities Sebastian, FL 32958 City of Sebastian Subject: Consent to Potential Conflict of Interest Dear Messrs. Fancher and Votapka: Engineering -Science, Inc. ("ES ") has performed pursuant to an agreement with General Development Utilities ("GDU") an environmental assessment relating to certain assets ("Assets") which may be the subject inter alia of a pending transaction between GDU and City of Sebastian ("Sebastian"). Sebastian has requested that ES perform environmental services which also relate to the Assets. Prior to performing such services ES will need (1) to advise GDU and Sebastian that there is a potential conflict of interest arising from the fact that the Assets are the subject of a pending transaction between GDU and Sebastian. As the interests of GDU and Sebastian differ in this transaction, ES will, by performing services regarding the Assets for both GDU and Sebastian, be placed in a potential conflict of interest, and depending upon how GDU and Sebastian pursue their respective interests, could place ES into an actual conflict of interest, and (2) to obtain the informed consent of GDU and Sebastian to ES' provision of services to both GDU and Sebastian pertaining to the Assets. GDU and Sebastian by their authorized signatures hereof hereby acknowledge that (1) they are sufficiently advised of the potential conflict of interest to the extent of seeking their respective legal counsel's advice, if deemed necessary, (2) they both fully consent to ES' performance of services to Sebastian pertaining to the Assets, (3) ES may freely utilize any and all information it has gained pertaining to the Assets without regard to whether it was gained while performing services to GDU or Sebastian in performing its services to GDU or Sebastian pertaining to the Assets. ES shall not be in violation of any confidentiality or other provision of either its agreements e PARSONS November 1, 1993 Page 2 with GDU or Sebastian or otherwise, because of its use of information pertaining to the Assets, so long as ES does not further publish such information beyond GDU and/or Sebastian in violation of any such confidentiality provision. ACKNOWLEDGED AND AGREED: ACKNOWLEDGED AND AGREED: CITY OF SEBASTIAN INTERIM CITY MANAGER iSincerely, s' Bruce L. Beal � Senior Counsel BLB: mrw CB93-M cc: E.A. Bernstein J. Butner a City of Sebastian POST OFFICE BOX 780127 ❑ 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 S. 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, v/040004 Richard B. Votapka, P.E. Utilities Director RBV/nsv CC: Kay O'Halloran, Interim City Manager Marilyn Swichkow, Finance Director Charles I. Nash, City Attorney 0 t 3 CL P 0 r r 0 O � y 0 F— o W .d) to = 4; 21 W os t O O co a cC0 _.. c0 0C ca o 4J Ln LL! CO) N 3 'E i onm ++ 3 •-. •- a p •Q L >13 ON •�0 m C C O J m H C C Li F— � N E '0 N •� !— Z r Q ME co y s. Nr� N �M LA o Q c V o Co ui - LL. w a� M 3 .0 .— +, Q O w � v ap ao C r•- � 3 N = m J i r •—+''LLco o 0 C •� Q. E O L wNl-� r J a I I. - z W Z W W I.- � h °C o W = 0.1- C' aCvQ ca C3 Q Be 2! W C Lu U. h C CC • } Z uia'o Y 2 J cad a. GD c O y 0 V o .d) fl. N 4; O m' L `�" O N cC0 _.. c0 0C ca 4J Ln W r Z c N 3 'E i onm ++ 3 •-. •- a O p Q •Q L >13 ON •�0 m C C O c0 .II C C Li *+ •Oi O w E '0 N •� !— ami o y s. cac�n �M aOm �o +O+ . ani 4a ++ � `0 'C v La M - Q1 M ui +�+ M 3 .0 .— +, Q J a I I. - z W Z W W I.- � h °C o W = 0.1- C' aCvQ ca C3 Q Be 2! W C Lu U. h C CC • } Z uia'o Y 2 J cad a. GD ENGINEERING -SCIENCE j ESCOMPANIES 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 10/25/93 12/2/93 COMPENSATION ❑ STANDARD RATE SCHEDULE (Attachment A) 21000 TA PAYMENT SHALL NOT EXCEED $ UNLESS AUTHORIZED IN WRITING BY CLIENT ITEM 1 2 3 ES ES' CONTACT .Thomas T. Zones ( 813) 933-4650 2LiC Si�otapka (407) 589-5330 BOTHER (as indicated below) ❑ LUMP SUM $ ❑ INVOICE MONTHLY (INSTRUCTIONS BELOW) ❑ 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 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 .NT=RPRETATION -his AGRE=MENT. oorwst:ng •-t :nese standard terms and conditions ana ire termst instr;ctors ';Cea Cn !re f3cd or this AGRE;'VAENT !ogstner with the Exhibits attached hereto, ono air -_=;rrerts. 3rawings. specifications and instruments specifically referred to herein aro made a car, hereof snarl c ;nstrtuta the entire AGREEMENT between the parties, and no other cr000sais. conversations. pias. nemotanaa, or other matter shall vary. atter, or interpret the !erms nereof. The captions an this AGREEMENT are for the convenience of the parties in identification of me several crovisions and snail rot constitute a pare of this AGREEMENT nor be considered interpretative thereof. Failure of either party to exercise any option, ngnt or privilege unaer'hs AGREE`AENT or tc eemano comotrance as to any obligation or :ovenant of tate other carry small riot constitute a waiver of any sucn r:gnt. privilege or option, or 0f !rte performance 'rcreof times waver is Axoressiy eau:r?rl n such event or is evidenced by a orcoarty executed .rstrument. �. SEVEPIAalurY It s understood and egreea by :ne cares nereto :nat t any part. 'erm. or o.ovision .vtrn :^is AGREEMENT :s ne,d illegal cr :n ccrivict .vim any aw of me State vrnere made or raving ;unsac::on over any of the parties hereto, the validity or the remaining portions or acv+sions snarl at Le atfec:ea. and the rights and obligations of the carries Shali be construed and a^t::rcea as if ine AGPE_NIE`+T Ctd not contain !^.e particu'iar part. '4rm. or provisions held !d ce ,nva!id. „nless me effect -hereof .vou,o materially change the economic burden of or benefit to either party. 3 GOV=RNING LAW This AGREEMENT and the Attachments hereto snail be governed by and construed in accordance with the laws of the State in which the work is performed. 4. INDEPENDENT CONTRACTOR in the performance of the services under this AGREEMENT. ES snail be an independent contractor. maintaining complete control of ES' 'personnel and operations. As sucn. ES shalt, pay all salaries, rages. expenses. social security :axes. federal and state unemployment taxes and any similar taxes relating to the performance of this AGREEMENT. ES. its employees and agents shalt im no way be regarded nor snail they act as agents or employees of the CLIENT CHANGES The CLIENT without invalidating this AGREEMENT. may order changes within trie general scope : f ire cervices requited by this AGREEMEN11* by alien.^g. adcmg to anc::r ceoucttng'rom ire 5errces :o die oertormed. it any changes ander lnts cause Causes 3n Increase or decrease m ES' cost of, or the time required tor. the performance of any part of tae wark uncer thts AGREEMENT. an equitable adjustment shalt be made by mutual agreement and the AGREEMENT modified in writing accordingly. All sucn changes in the Services shelf be in writing and snail be performed subject to the provisions of this AGREEMENT. STOP WORK ORDER CLIENT may at any time, by written notice to ES, require ES to stop all or any part of the work called for by this order for a period of up to ninety (90) days after the notice is delivered to ES ("Stop Work Order"). Upon receipt of the Stop Work Order. ES shall forthwith comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by Me order during the penod of work stoppage. Within a period of ninety (90) days after a Stop Work Order is delivered to ES, or within any extension of that period to which me parties nave agreed. CLIENT shall either cancer the Stop Work Order, or terminate the work covered by this order as provided in the "Termination" paragraphs of this AGREEMENT. ES shall resume work upon cancellation or expiration of any Stop Work Order. An equitable adjustment shall be made in the delivery schedule or paces hereunder, or both, and this AGREEMENT shall be modified in writing accordingly, if the Stop Work Order results in an increase in the time required for the performance of this order or in ES' costs property allocable thereto. ES may stop work. at its sole option, if CLIENT faits to make payment of ES invoices within 30 days of receipt as required by Article 17 below. TERMINATION A. The CLIENT may terminate this AGREEMENT in the whole or in pan at any time by written notice to ES. Such termination shall be effective in the manner specified in the said notice. snail be without prejudice to any claims which the CLIENT may have against ES and shall be subject to the other provisions of this AGREEMENT. On receipt of such notice ES shall, except as and to the extent directed. immediately discontinue the services and the placing of subcontractor orders for materials. facilities and supplies in connection with the performance of the services, ano snail, if requested. make every reasonable effort to procure termination of existing subcontracts upon terms satisfactory to the CLIENT. Thereafter, ES shall do only such work as may be necessary to preserve and protect the services already in progress and to dispose of any property as requested by the CLIENT. S. A complete settlement of all claims of ES upon termination of the AGREEMENT, as provided III the preceding paragraph, shall be mace as tallows: ;A) the CLIENT snail assume and become liable for au obligations and commitments mat ES may nave in good faith undertaken or incurred in connection with the services which nave not been included :n orior Payments t6) the CLIENT snail compensate ES for the seasonable cost of terminating existing subcontracts and Preserving, protecting or alsoosing of the CLIENTS's ,rooerty and cerformtng any ether necessary services after the nonce of termination has been received (Ci the CLIENT snail pay ES for ail Services aenormed. prior to me date of termination, in accordance with this AGREEMENT Prior to final settlement. ES snail deliver td the CLIENT ail Documents and all other required information and Cala crectareo by ES unser this AGREEMENT and execute and deliver 1d aocuments. and take such other stens as are necessary, to vest fully in the CLIENT the rights and benefits of ES arising from subcontracts issued in connection with this AGREEMENT unless otherwise requested by the CLIENT ,n writing. 3 :VARR.ANTV ES .varrants trial !rte services !a die rendered pursuant !o this AGRE:b1E`1T 5nai. re pertorrrea n accarrlarce won the stancares customalliv erovidea by an experienced aria cemeetent cr:ressio'ni -!ngineerinq organization rendering the same or stm++ar services ?. iNDEMNITr ?S gnat! :ndemnifv defend and hold the CLIENT harmless from Ana agair3l c!atms. acii'ves :ss. cost. expense and damages arising from any req❑gent act or omission of ES +n're cerlormarica ;f NOric ina service pursuant to !nis AGREEMENT =j' ability r'1r all '+ !^e ;foresaia r'tatters .maea :,J 're oroceecs recovered from tie insurance Carriee by =S and within :ne monetar: it is :f !re !naurance soectt:ed in An:c,e 13 Hereto atter settling c:atms cl rn• c parties lit. POPCE MAJEURE The respective duties ir.a jengauiors of the oames nereurcer -except the CLSENT', o•tgatiofl to oay ES such sums as ?ay cec:nre Cue !rom time to time 'or services 'eraerec Zv t l ins!( _e suspended write and so :ong as performance thereto is prevented or imceaed ty Strikes. Crstt:roances. -,o:s. !!re. severe weather, governmental action, war acts. acts of Gaa. acts :f tie CL!E.%T.:r any airier cause similar or c!ssint!!ar:o the foregoing wnicn are beyond the reasonaoie contra? of !ha ;;arty from venom ine affected performance was due. t ASSIGNMENTS Al: ,:c•,.gations and covenants rerein contained shall be trtendea !o be bina:nq upon !rte successors Mrd Assigns of ES and the '.L.E'iT, ES shall not ass'cn 'r,s AGREEMENT .v,!nout're prior 'wr!tt?n .:onsent ct the CLIENT• wnicn consent snail not ce ur.re'ascn3o!y minrwo. '2. JONSEQUENVAL DAMAGES in no went Shari ES or .Is succontractors or vendors of sry tier t:e 'iab!e i contract, :ort. 3zncr tactility, warranty. cr otherwise for any special. rim ect. Incidental or conseq.:enta. Camaces. suc^ as _ut at invited to, 'ass of product ass of use cf the eouipment ar system, ass of 3ntictowe . pipit*s or avenue. ion -operation or increased expense of operation of timer equipment or systemsr cost of capital, or cost of purchased or replacement eaurpment or systems. 13.!NSURANCE ES shad place and maintain with responsible insurance carriers the following insurance. At CLIENT's request ES shall deliver to CLIENT certificates of insurance wnicm snail provide thirty days' notice !d be given to CLIENT in the event of a cancellation. A. Workers' Compensation and Employer's Liability Insurance • Workers' Compensation in compliance with the applicable state and federal laws, • Employer's Liability. Limit S1.000.000, B. Comprehensive General Liabilstv Insurance including Blanket Contractual, XCU' Hazards. Broad Form Property Damage. Compucatea Operations and Independent Contractor's Liaddsty all applicable to Personal Injury, Bodily injury and Property Damage to a combined single limit ,f 51.000.000 each occurrence suoject to 52:.,00.000 annual aggregate for Completed Operations arta Personal injury other than Boady Injury. ,r Explosion. Collapse and Underground cmorenens ve ycmobile '_i3btlity :nsufance •nciuding ::vnea. i t ana n.cwrao 3utomcbues. aoddyinjury and Property Damage to a combined single timet of 51,000.000 each :ccurrence. D. Architects & Engineers professicna! l.tabdity Insurance affording, prolessronal liability, if any. to a combined single limit of $1,000.000 each occurrence/ claim. subject to SZOI)Q,000 annual aggregate. E. Excess Liability insurance. Excess liability following employers' liability afforded by item (Al and Other coverages afforded by items (B). (C) and (D) set forth above, subject to a combined single imit of liability of $4,000.000 earn occurrence/claim/aggregate, less underlying insurance. 14. ACCEPTANCE BY CLIENT The WORK shall be deemed accepted by CLIENT unless, within fifteen (15) days after receipt of ES' written notification of final completion. CLIENT will have given ES written notice specifying in detail wherein the WORK is deficient; whereupon ES will promptly proceed to make necessary corrections and. upon completion. the WORK shall be deemed accepted by CLIENT. 15. CLIENT FURNISHED DATA, DRAWINGS, AND SPECIFICATIONS ES snatl have no liability for defects in me WORK attributable to ES' reliance upon or use of data design criteria. drawings. specifications or other information furnished by CLIENT and CLIENT agrees to indemnity and hold ES harmless from any and all claims and judgements, and all losses, costs and expenses arising therefrom. ES snail disclose to CLIENT, pnor to use thereof. defects or omissions •n the data, design criteria, drawings, specifications or other information furnished by CLIENT to ES that ES may reasonably discover in its review and inspection thereof. 16. REUSE OF DOCUMENTS All documents including drawings and specifications prepared by ES pursuant to this AGREEMENT are instruments of its services in respect of the PROJECT. They are not intended or reoresenteo to be suitable for reuse by CLIENT or others on extension of the PROJECT or on any other project. Any reuse without specific written venfication or adaption by ES will be at CLIENT's sole nsk and without liability or !egal exposure. to ES. and CLIENT shall indemnify and hold harmless ES from all claims, damage& tosses and expenses including attomey's fees arising out of or resulting therefrom. Any such venfication or aoaonon will entitle ES to further compensation at rates to be agreed upon by CLIENT and ES. T. !NTEREST PAYI,IENTS Invoices are due and payable within 30 days after recisiot Interest at the rate of "•r"fl cer month or the maximum rate allowable under the usery !aws of the state in which the work is performed. whichever s !ower. s due on all payments not oaid on or before the 45th day after the invoice nate. !nterest snail be comouteo !ram tore sate of the invoice. In the event legal proceedings are iecessary to ccnect eayments not oatd when due, CLIENT snail oay..n addition to sucn payments. ES' reasonable attorneys fees and legal costs associated therewith 8. .AUDIT ES 5mait—atnl3rn . ?coras ::no accounts ;n i ;eneraity •ecogn!zed accounting casts 7o •,ucocrt .iii charges C:!i20'O.c,,i �T Baia rWcores srat. oe avai'ab'e+.r :•necect,en by CL.E`!T ^.f his iuthOr!:ea ?oreSentative at rorvenient Mmes ,However, !"Pre 'mi! '7e no hnanc:al audit of Any rro sum amount. c"S' ' xec rates cr •,t:it rites or tireo percentages. 9. =L'UAL EMPLCY`.tENT CPPCRTUNITY "'!e 'Ion•L:scr•minaticn c!:1usa crntainen n Recron 202. Executive Orr;er • 2»6. as amended• r'tatina t0 _auai E-mievment 0:3oortuntiv 'fir ?ii cerson5 niinrut rHaara 'a race. :oicr relicton. lex. ,'r r3rlon;ii •.t,grn Erna t"03 it»niomr-nl+nia lilies Ana retjulalion5 Grescri0en by ine SP_cretary of teapot ,St '.rrt :0-250, ana ». =R cit• .111 ._ire nCorCOrateQ rerein. _'0 SPC=a tic oper•-r=C•'t�= Any !nccrls!stenev Or c.rt!icl oehyeen •rte standard 'arms and conev!crs let !Orth rterern and :hose 'Joel On the face of ;his AGREEMENT �:r anv attacrmenTlnereof snail be resoivec by givinq oreceeence F^e •1IN0winn ;rref =•rSt .ped ':trui.:'Ong Etna. 0r Conpalors on :ria ,.ire Ot •h!s AGREEMENT: 7ecOnd, !ng _:3noara T.?rms and C�n.vr:ons: anc 71'tr0. 'ne attacnmentis! Int anyi Attached rereto. ;MANGES �N THESE TEAMS AND .#r%N01 ,CNS .ARE NOT 31NCING CV _=S :UNLESS '`-!E`! rAAE 1N 'NR17NG AND SIGNED SY aN AUTHQRIZED RE?RESENT,aTiVc 'JF .S. ENGINEERING -SCIENCE, INC. 2901 West Busch Boulevard, Suite 905 • Tampa Florida 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: ■ 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, ENGINEERING -SCIENCE, INC. Thomas T. lone, P.E. Project Manager TTI:afs Attachment ■ PARSONS 4103110151TJ1D o a to � U 5 a c� Z O o N N to U Wcc >: O J LO N o oui; CSE:; W a a � 0 co a gU LA N st �- :sib►:: ';i Z � U44 O � U Z to C7 N N w co LU w LU aw Vis!`; _ Z cc w w� �a Ja a m �� ca CL - W coH ..I Z O � w Z > v) w un ac Y w H r N @7 C i Ti o r'SA S'T t Awl K V.i O EWGtQo-:2wC-% St ev t cts AG g e*xT — t 0 l z.S Jc13 ADDENDUM A 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 i further exploration and development, ES will endeavor to provide it to the CLIENT, but ES will not be liable for not doing so. S. 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 Report 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 Ski i ->ti'> %— t" J-DkL. —% E -A S 1k ti a fit: pk–% iovjs –PnGc 7 -OF- Z C l -%-,( O F S q 5? 1 A ►J L el1 Ca 1 �4 C-Z�I a G- SzMV I C. S kc e. wt C --QT DnZr-'0 t0125193 . 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." 1.,89131 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 r b City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 November 22, 1993 Mr. Charles Fancher, President General Development Utilities 2601 South Bayshore Drive Miami, FL 33133 RE: Letter from Engineering Science, Inc. Regarding Consent to Potential Conflict of Interest Dear Mr. Fancher: Bruce Beal, Senior Counsel for Engineering Science, Inc., sent me a letter dated November 1, 1993 in reference to "Consent to Potential Conflict of Interest". Mr. Beal is requesting that both the City of Sebastian and General Development Utilities jointly sign the letter. As per your advice, the City has requested Engineering Science, Inc. to update the environmental audit that it performed last year for your firm on the Sebastian Highlands treatment plant sites. Consequently, Engineering Sciences requests that both GDU and the City acknowledge the possibility that a potential conflict of interest could arise in the future. Our City Attorney has reviewed the letter and has opined that the City can sign without modification. The letter was also brought before the Sebastian City Council on November 17, 1993 for informational purposes. Ms. Kay O'Halloran, Interim City Manager, has signed on behalf of the City. I am forwarding the letter to you for your signature. Once you have signed the document, please send the original to Mr. Beal with a copy to me. Sincerely, Richard B. Votapka, P.E. Utilities Director RBV/nsv CC: Kay O'Halloran, Interim City Manager Charles I. Nash, City Attorney ENGINEERING -SCIENCE, INC. 100 West Walnut Street • Pasadena. California 91124 • (818) 440-6000 • Fax: (818) 440-6195 November 1, 1993 Mr. Charles Fancher Mr. Richard Votar- 2601 S. Bayshore Drive Utilities Director Miami, FL 33133 1225 Main Street General Development Utilities Sebastian, FL 32958 City of Sebastian Subject: Consent to Potential Conflict of Interest Dear Messrs. Fancher and Votapka: Engineering -Science, Inc. ("ES") has performed pursuant to an agreement with General Development Utilities ("GDU") an environmental assessment relating to certain assets ("Assets") which may be the subject inter alia of a pending transaction between GDU and City of Sebastian ("Sebastian"). Sebastian has requested that ES perform environmental services which also relate to the Assets. Prior to performing such services ES will need (1) to advise GDU and Sebastian that there is a potential conflict of interest arising from the fact that the Assets are the subject of a pending transaction between GDU and Sebastian. As the interests of GDU and Sebastian differ in this transaction, ES will, by performing services regarding the Assets for both GDU and Sebastian, be placed in a potential conflict of interest, and depending upon how GDU and Sebastian pursue their respective interests, could place ES into an actual conflict of interest, and (2) to obtain the informed consent of GDU and Sebastian to ES' provision of services to both GDU and Sebastian pertaining to the Assets. GDU and Sebastian by their authorized signatures hereof hereby acknowledge that (1) they are sufficiently advised of the potential conflict of interest to the extent of seeking their respective legal counsel's advice, if deemed necessary, (2) they both fully consent to ES' performance of services to Sebastian pertaining to the Assets, (3) ES may freely utilize any and all information it has gained pertaining to the Assets without regard to whether it was gained while performing services to GDU or Sebastian in performing its services to GDU or Sebastian pertaining to the Assets. ES shall not be in violation of any confidentiality or other provision of either its agreements � 20J) PARSONS November 1, 1993 Page 2 with GDU or Sebastian or otherwise, because of its use of information pertaining to the Assets, so long as ES does not further publish such information beyond GDU and/or Sebastian in violation of any such confidentiality provision. ACKNOWLEDGED AND AGREED: GENERAL DEVELOPMENT UTILITIES ACKNOWLEDGED AND AGREED: CITY OF SEBASTIAN )x INTERIM CITY MANAGER sincerely, Bruce L. Beal +� Senior Counsel BLB:mrw CB93-M cc: E.A. Bernstein J. Butner e 4 City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 r2 JH -0 lr-1 11�fD- �Hf DATE: November 18, 1993 TO: The Mayor and City Council Members Through Kay O'Halloran, Interim City Manager FROM: Richard Votapka, Utilities Director 1Z9 V/ SUBJECT: Environmental Audit for Two GDU Water Treatment Plant Sites and One GDU Wastewater Treatment Plant Site as Performed By Engineering Science, Tampa, Florida Please find attached a copy of the Level One (1) Environmental Audit completed in August of 1992 for the three (3) GDU utility plant sites within the Sebastian Highlands water and sewer systems. The audit appears in report form. It was faxed to the City by GDU on October 20, 1993. As Utility Director, my major concern in regard to environmental contamination on these sites were the buried diesel fuel tanks for the emergency electrical generators. There is an existing 6,000 gallon tank at the Filbert Street Water Plant and a 2,000 gallon tank at the Bailey Drive Wastewater Treatment Plant. I hope to remove these tanks and install above ground tanks in containment structures as soon as possible, before a problem occurs due to the age and eventual deterioration of the tank's integrity. aenoltanks OCT 2O 093 07:19 GENERAL DEVELOPEMENT UTILITIES P.1i9 . i GDU GMVMML XMVf=PbfU?r UTHI=, INC Aft" W74fATLANTIC GULF COMMUNITIt8 CORtORATYON ]'ACSXN ME �`R.A�NSMXS ON FROM � DAA: i Tow. PAGn nuNS1Vr7. m ]Ncx=] TG COVM i FAX NUTtiff"Ito. Z� o � ia•�c1 ��i ���.4�vr��, �V v . 1 "�2 • a • E til � l Q.oN M ��.i'Z'Art_ r� � IT l Qty l S �h!►G tit �'2l SN F i cSC l e�uct- Sl3 — 133 • QGSo �r P FLri , 33 �� 8 • 1 i o N b J K a mac, 290 i wEs $vsc4A 5LV D . If S u, « g05 I n ■ 4 R 14 1-4 it OCT 20 '93 07:19 SEMERPL DEVELOPED UTILITIES sE TYON 4 SEBAsM&N HH q S 4.1 - `iQ'ATER TRF.ATIVIM PUNT (OLD) Site Description. 'The site propertY, which contains approximg located near the'intersection of Man1Y Avenue and Bailey Drive � River County, Florida. A site location map is presented. as Fis P s ecific features are noted on Figure 4.1.2. The site is lova Township 31 South, Range 39 East The subject property, which is no longer used as a water contains one bigh-service pump room, one 10,000 gallon hydrop liquid petroleum tauX one fiber chlorine building, and storage, tank. The construction date of the facility is not know, potable wells located on the site which aged in depth from depth. The wells were properly abandoned and grouted 2 terminated. Process. According to GD'U personnel, extracted groundwa chlorinated prior to transfer to the water distribution MU are currently conducted at the facility. P.2/9 ely eight acres, is Sebastian, Indian re 4.1.:4 and site :d in Section A facility, uratic task, one 352,000 94= There were two 0 to 620 feet in r their use was was aerated and No treatment processes • . Residential properties are located east) and south of the Adjacent properties grove located north of site. Schumann Lake is located west of the site, and a citrus gr' • � the site. The use of pesticides at the adjacent grove coul� be a potential environmental concern. Jidicated thevre ase Regubto Review. A review of FDEP files forthe fa�htyacuities dour waste, 4rtreatment, storage, isposal fno listed generators of bazar of the WrP. ortransporters of ciassi#ied hazardous waste located in the vi�' WTP There were no available files for review at the FDEP re ding e operations. The two previously utilized potable wells were abandoned Junder SIRWMD p,:rim •t numbers 3.061 -0400 -APB and 3 -061 -0401 -APB. The well were abandoned Ft Pierce, Florida is June 1988. Th • abandonflaeIIt of by Person Drilling ConaPaay� � the well from e wells . consisted -of filling with limerock fill material and gr g 12_ ,from �h to of the wellscreen to land surface. The wells were then cut Off uches the p below grade. I 4-1 2U/GDUAUDIT/C L i i OCT 20 -93 07:20 GENERAL DEVELOPEMENT UTILITIES P.3/9 i Aerial Photograph Review. Aerial photographs from 1975, 1 81, 1984 and 1992 were available for review. In the 1975 aerial photograph, the W7 is present with a a single well/pumphouse and a 52,000 -gallon storage tank. The second well/p=p house does not appear to be present. Surrounding areas appe' to * be similar to current conditions. The 1981 aerial photograph reveals the secon well/pump house has been added. The 1984 aerial photograph reveals the 352,000 allon storage tank has been added and the smaller tank has been removed. The 1992 aerial photograph reveals the WW site as currently configured, and both wells/pump houses have - been removed. No changes from the present day configuratio ' of the adjacent properties were noted in the aerial photograph review, Hazardous Materials Management. There were no hazar4ous materials or potentially hazardous materials stored at the site during the siie reconnaissance. The sprayed insulation inside the high -service pump building j may need to be investigated further to confirm the compositions of the material. Nonprocess Tanks. There were no nonprocess tanks observed at the facility during the site reconnaissance. Wastewater DisposaL According to GDU personnel, a se otic tank was not installed at this location, and a laboratory was not present at this L, Lcility. Therefore, it appears that wastewater was not generated at this location. - Transformers. There was one pole -mounted transformer ad,acent to the site. Transformers are known to possibly contain PCB in the dielectric uid. Discussions with the local power company, FP1,, revealed that all PCB -co ' ' g transformers have been removed from service in the Sebastian area. Summary of Findings. With the exception of the insulation tenial inside the high -service pump building, no apparent on-site environmen concerns were noted. No apparent regulatory concerns were revealed duriri the FDF.P file review. The adjacent citrus grove may represent potential pesticid impacts. 4.2 WATER TREATMENT PLANT (1MM Site Description. The site property, which contains approxuna ely nine acres, is located at 170 Filbert Street in Sebastian, Indian River County, F�orida. A vicinity map is presented as Figure 4.2.1 and site specific features are *cated, in Figure 422. The site is located in Section, 19, Township 31 South, Rang 39 East. A canal is located. east of the plant. The facility was reportgd ly built in 190. The subject property contains two potable production wells {Pne is off-site), a 500,000 gallon storage tank, storage building, a 10,000 -gallon hydropneumatic tank, 2M/GDUAUDrr/c - 4-2 OCT 20 '99 07:20 GENERAL DEVELOPEMENT UTILITIES I I.. BEL P.4/9 an aerator, a control bualding including an office, laboratory, g h -service , ' pump room and chlorine room, precipitator and chemical silo, an one washwater recovery pond and two lime sludge ponds. Three employees we assigned to the Sebastian Mablainds VV'I'p Process. Groundwater is withdrawn from two production we located both on • an A-0ft-.S= A-0-.S=The two potable production wells were similar in co ucoon and were installedin _ } June 1981 under SJRWMD permit numbers 3 061-013f and 3-061-0137. Based on a Drilling and Testing Report issued by Geraghty & Miller, Inc., the wells were constructed to a depth of approximately 95 feet below land surface with 18 - inch diameter surface casing. The wells were each permitted witl a capacity of 700 gallon per m inii te. The pumped groundwater is aerated, softened by the lime treatment process and filtered. The water is then treated with chlorine prior to discharge to the water distribution system. Lime sludge generated from the treatmentocess is pumped to sludge ponds located east of the treatment area. Adjacent pro ernes. The ro ernes adjacent to the site are ' I aril residential. . P P P J pn� y No environmental concerns were noted during the reconnaissance of adjacent properties. Regulatory Review. A review of FDEP files for the facility ildicated, there are no listed generators of. hazardous waste, or treatment, stora0e, or disposal facilities or transporters of classified hazardous waste located in the vicinity of the WWTP. There is one registered 6,000 -gallon diesel underground stor;'r tank containing emergency, fuel. There is no record on -file with the Indian RCounty Public Health ' Unit that flus tank has been inspected. ' The Sebastian Highlands WTP is currents operating 8�� Y P g finder STR'WMD caasumptive use permit No. 2-061-0142UNR. According to the pe�n�.iit, a number of mtonitoring wells are measured either weekly or monthly for drawdown evaluations. Quarterly samples are collected from the monitoring wells for c1porides and total dissolved solids (TDS), and monthly samples are collected from the production wells for chlorides. Monthly reports on pumpage and water quali are submitted to the FDEP. A review of the FDEP files identified two inti ents of concern. Previously conducted chemical analysis indicated the presence of butyl benzyl phthalate in monitoring wells #1 and #3, and in February and April 1990 there were exceedances of the 3 T.O.N odor standard. 2&/GDUAUDrr/c 4-3 OCT 20 '93 07:21 GENERAL DEVELOPMENT UTILITIES P.5/9 As requested by PDEP, in a letter dated April 18, 1994, three subsequent tests were conducted on samples collected on May 1, 3, and 81 1990 fqr odor testing and analysis. The results of these analyses revealed odor threshold v ties of one T.O.N. from samples collected at the same sampling point as p viously sampled. .,_ Laboratory analyses conducted on January 23, 1992 revealed concentration of butyl benzyl phthalate below the method detection limit (MDL) of 0.01 milligrams per ]iter (mg/L) on a water sample collected from monitoring we # I located at the WIP. Subsequent analysis conducted on a water sample collet ed on March 25, 1993 indicated that the concentration of butyl benzyl phthalate N ras also below the MDL of 0.0034 mg/L. No corrective actions or additional probl ms were noted in the files. Aerial Photograph Review. Aerial photographs from 1975, 19$19 1984, and 1992 were reviewed. The 1975 and 1981 aerial photographs show the bite as vacant, and surrounding areas undeveloped with a few roads constructed. a 1984 and 1992 aerial photographs show the 'W IP as currently configured with the present surrounding residential areas. Id Hazardous Material Management. Chlorine cylinders (x.50 -1b), treatment compounds, laboratory reagents, and maintenance supplies wed' observed at the site. The chlorine cylinders are capped and chained and sto ed in the control building. The treatment compounds in the storage building included bags of lime, containers of dry chlorine, containers of polyphosphate, and an o n drum of caustic soda for chlorine leaks. The laboratory reagents stored in theb oratory included sulfuric acid, EDTA, silver nitrate, ammonium hydroxide, s dium thiosulfate, muriatic add, and pH buffers. The laboratory did not currently contain the appropriate MSDS, but the operator stated the sheets were beim' updated and are usually uon-site. 7 . The laboratory lavatories and sinks discharge to a septic ta# k and associated drainfield, and large volumes of discharged chemicals could pgtentially cause an adverse affect on the septic tank operation. However, it was ffi�dicated by GDU personnel that only m li mnal ' quantities are u ' d iu the labors ry; therefore, the discharge. of the diluted laboratory chemicals into the draiiffield appears to represent a minor environmental concern. The maintenance shed stores various maintenance P a ui me amts, oils, and g P cleaners. No obvious spills were noted in the site reconnaissance. Used oil from the maintenance equipment is collected and taken to the GDU faciIi! in Port Malabar for storage and recycling. 2U/GDUAUD=/C 4-4 OCT 20 093 0722 GENERAL DEVELOPEMENT UTILITIES P.6/9 During the inspection of the high -service pump building it waf noted that there was thermal insulation around the exhaust pipe to the genFator that could potentially be asbestos -containing material. However, 5111- the shed was constructed in about 1983, with the use of asbestos -containing ma er" minimized, the presence of asbestos in the insulation is not considered lik y. Sampling and laboratory analysis would be required to accurately identify the pr sence of asbestos within the insulation material. The insulation material appears to cover about a six- foot ixfoot section of piping. Nonprocess Tanks. Currently one 6,000 gallon diesel uudergr' and storage tank is registered at the site under FDEP Facility No. 318629917. a tank is used to supply fuel for emergency power generation. The tank is currently not required to have monitoring wells by state law, and no such monitoring we#ls are present to provide confirmatory evidence regarding past or current releas4s. The operator indicated the tank inventory is checked before and after generator'erations once a . rp week. Wastewater Disposal. Wastewater from the laboratory b' and lavatories discharge to an on-site septic tank and dFainfleld located west of *e office building. One floor drain located in the lavatory also is believed to disch ge into the septic tank. Transformers. Vere is one pad -mounted transformer at Ches te. Transformers are known to possibly contain PCB in the dielectric fluid. Accor ' g to discussions with the local power company, FPL, all PCB-containingtransf us have been removed from service in the Sebastian area. Summary of Findings. The one observed area of concern at the site is the septic tank located west of the office building. The septic tank accepts laboratory chemical discharge, and there is the potential that the chemicals could afft ct the septic tank processes and could ultimately be discharged into the environ4aent through the drainfleld. However, as discussed above, minimal quantities 'of chemicals are typically used in the laboratory and potential environmental im.#act is considered minor. The insulation material surrounding the generator exhaust pipe may potentially be asbestos -containing material. II; 43 WASTEWATER TRF1AT ffoNT PLANT Site Description. The site property, which contains approxb4ately 29 acres, is located at the end of Bailey Drive in Sebastian, Indian River Cqunty, Florida. A vicinity map is presented as Figure 4.1.1, and site specific feature are presented in 2U/GDUAUDrr/C 4.5 OCT 20 '93 0722 GENERAL DEVELOPMENT UTILITIES P.7/9 Figure 4.3.1. The site is located in Section 18, Township 31 South, Range 39 East. Schumann bake is located just east of the WWTP. The subject property contains one 0 300 MGD conventiona.. activated sludge wastewater treatment facility, including an operations building with laboratory and office, two maintenance sheds, three percolation ponds and �vo sludge drying basins. It was reported that the facility was constructed in the ear y 1980s. There is currently one employee assigned to the facility. Process. Wastewater treatment is provided by a 0.300MG . activated sludge plant utilizing the extended aeration process with disinfectio by chlorination. Effluent disposal is by three on-site percolation ponds. The po have a permitted capacity of 0.142 MGD, but application has been made to FDJ9P to re -rate the ponds to 0.160 MGD. Sludge is dried on two drying beds and osed of by on-site land application. According to permit requirements, groundwater samples are cllected quarterly from the wells monitoring the percolation ponds. Sludge generated from the treatment process is dried on-site and disposed of in the southern portions of the property. The sludge is sampled quarterly. Adjacent Properties. Citrus groves are present to the extreme worth and west of the site, and the use of pesticides at the groves could be a poten 'al environmental concern. Schumann Lake is located east of the site, and r ent& areas are located further east of the site. Potential wetland areas were obsgrved north of the site. It was noted during the site reconnaissance that the fence' was down in the southwestern portion of the property adjaccnt to the citrus grove. Regulatory Review. A review of FDEP files for the facility indicated there are no listed generators of hazardous waste, or treatment, storage, or I poral facilities or transporters of classified hazardous waste located in the vicinity o the wWTP. There is one registered 2,000 -gallon underground diesel ta:pk for containing emergency generator fueL An inspection was attempted by the luI�ian River County Pubic Health Unit on July 31, 1991, but the tank could not be locajed. The-SebastianHighlands Vi�'ViiIT is currently operating under PDEP permit No. D031-153322 which expires on August 15, 1993. The permitte4 capacity is 0.142 MGD. A review of the FDEP domestic waste files indicated a following non- compliance issues or operational problems: . April 15, 1992 - An inspection at the facfity noted the 1 plant needed an operation flow chart recorder. zsa/Cnuaunrr/c 4-6 OCT 20 093 07:23 GENERAL DEVELOPMENT UTILITIES P.8i9 ■ March 15, 1989 - Seepage -was noted on, the outside structurf. and around the effluent discharge line of the chlorine contact chamber. ■ July 17, 1986 - A letter from Mr. Buddy Betschartof G indicated that there was a break in a four -inch diameter force main July 11, 1986. Immediate action was taken to correct the situation Accor ung to the letter. No indication of the spill volume was given, and no foil -up action was noted. No additional operational or non-compliance inspection proble were noted in the file. Aerial Photograph Review. Aerial. photographs from 1975, 19 1, 1984 and 1992 were available for review. The 1975 aerial photograph revealed 4he presence of a structure, and what appears to be a pond located on theproperty. The purpose of the pond is not known. Surrounding areas are to current conditions. The 1981 aerial photograph reveals the pond is filled ' but the current WWTP has not yet been constructed. The 1984 and 1992 aerial, pt totographs reveal the WWTP site as currently configured. No changes from .the present day configurations of the adjacent properties were noted in the aerial photograph review. Hwardous Materials Management. Chlorine gas cylinder (40-1b), laboratory reagents, and maintenance supplies were observed at the site. Thechlorine gas cylinders are capped and chained inside a fiberglass storage buil ' g. The laboratory reagents stored in the laboratory include pH buffers ands 'c acid. The laboratory sinks discharge to a holding tank and is discharged unto a lift station. Maintenance supplies are stored in two sheds and include dry► chlorine, small amounts of weed killer, floculant and maintenance equipment. U' ed oil is taken to the GDU Port Malabar facility for storage and recycling. Nonprocess Tanks. Currently one 2,000 -gallon undergr storage tank containing diesel fuel is registered at the site under p'DB.Pfacility No. 318629987. The tank is for emergency power, and is not required to have. mpnitoring wells by current state law. The Indian River County Public Health Unit attempted to inspect the tank on July 31, 1991, but could not find the tank. The tank located during our site reconnaissance, and appears to have spill containment ;o7l the fillpipe. Wastewater Disposal. Wastewater from the laboratory sins and lavatories discharges to a holding tank that is pumped into the treatment plOnt. Floor drains were not noted at the facility. ' 284/GDUAUDIT/C 4-7 • OCT 20 093 07:23 GENERAL DEVELOPMENT UTILITIES P.9/9 I Transformers. One ole -mounted transformer was noted on theproperty. P Transformers are ?mown to possibly contain PCB in the dielectric Raid. Discussions with the local power company, FPL, revealed that all PCB -containing transformers in the Sebastian area have previously been removed from service. Summary of Findings. There were no visible areas of environmental concern observed from the on-site recorma�ssauce. The site does cont�n a 2,000 -gallon diesel underground storage tank, but there is no evidence in the rggulatory files that ra release from this tank has occurred. Minor violations in treatme ` t plant operation were noted since 1986, but these have since been corrected imd the resulting inspections revealed only minor or no violations. Surrounding a site are citrus groves with potential pesticide impacts; however, due to the presoce of a drainage ditch separating the property from the citrus groves which woul q tend to act as a hydraulic barrier, the potential for environmental impact is consid4red to be minor. n4/Muwunrr/c 4-9 � � w City of Sebasti 1225 MAIN STREET Q SEBASTIAN, TELEPHONE (407) 589-5330 o FA) FAX , 813-932-7416 01 `1,840J04F `1:/Nary DELIVER TO: Jim Butner, Engineering Science FROM: Richard Votapka, Utilities Director DATE: 11/18/93 TIME SENT: TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET) RE: Environmental Audit of GDU Property 2 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (407) 589-5330 Last night at the City Council meeting, our City Attorney Charles Nash amended Attachment A Proposed Client Indemnity Provision for Environmental Assessment Reporting Services as follows: 1) Paragraph one of your attachment language was struck entirely. 2) The words "in addition" and "or other third parties" were struck in paragraph two. 3)- Paragraph three which was previously added by Attorney Nash remains the same. Please review this attachment and inform -me of your firm's opinion as soon as possible. cc: C.I. Nash, Esq., Frese, Nash & Torpy City of Sebastian and Engineering Services Agreement - Dated 10/25/33 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. Ewi �PwNN1etjtAL Vy rr City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32,978 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 SUBJECT: ENVIRONMENTAL ) AUDIT OF EXISTING GDU } TREATMENT PLANT SITES IN } SEBASTIAN Approval for Submittal By: AC riAJ C City Manager:--- Agenda No. 13. o?_63 Dept. of Origin Utilities TBV04o Date Submitted: November 10, 1993 For Agenda Of: November 17, 1993 Exhibits: October 21, 1993 Letter from Engineering Science; November 1, 1993 Letter from Engineering Science EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $2,000 MAX BUDGETED: To be REQUIRED: $2,000 Funded Thru Bond Proceeds SUMMARY STATEMENT The General Development Utilities (GDU) Sebastian Highlands Water and Wastewater Treatment Plants each have underground diesel fuel tanks for their emergency generators. GDU had the firm of Engineering -Science, Inc. perform an environmental audit of the old GDU water plant on Manly Avenue, the present GDU water plant on Filbert Street, and the GDU wastewater plant on Bailey Drive. The audit was completed in August, 1992. As a result of recent negotiations of the Purchase and Sale Agreement for acquisition of the GDU system, GDU agreed to furnish the City with a copy of the audit report and indemnify the City against any contamination of the groundwater supply from leakage or spillage related to the buried tanks. To ensure that no environmental contamination had occurred from August 1992 to the present, the City Task Force decided that, in the best interest of the City because of the time constraints regarding the acquisition and the firm's previous work on the audit, Engineering -Science should update its August 1992 audit. GDU President, Charles rancher, initially suggested using the firm and,therefore, did not raise the question of a potential conflict of interest on the part of GDU. Engineering -Science has agreed to update its audit on a time and expense basis for a not -to -exceed fee of $2,000.00. Page 2 of 2 November 10, 1993 Agenda Request To safeguard its position in preparing the audit for the City, the firm has requested that the attached letter, dated November 1, 19930 to Charles rancher, President of GDU and Richard B. Votapka, Sebastian Utilities Director. be signed by both the City and GDU in recognition of a potential conflict of interest. Our City Attorney, Charles Nash, has reviewed this document and has rendered his opinion that the document is all right to sign as is. However, he also recommended that the letter be presented to the City Council for informational purposes. RECOMMENDED ACTION For informational purposes only to keep Council informed on continuing developments concerning the GDU Sebastian Highlands water and wastewater system acquisition. No action is necessary. ENGINEERING -SCIENCE, INC. 100 west Wal Street - Pasaaena. '.-.ahiorrna 91 124 • (818) 440.6000 - Fax: (818) 440-6195 November 1, 1993 Mr. Charles Fancher Mr. Richard Votapta 2601 S. Bayshore Drive Utilities Director Miami, FL 33133 1225 Main Street General Development Utilities Sebastian, FL 32958 City of Sebastian Subjects Consent to Potential Conflict of Interest Dear Messrs. Fancher and Votagka: .6 1% Inc. ("ESn) has performed pursuant to an agreement with General Development Utilities ( GDU) an environmental assessment relating to certain assets ("Assets") which may be the subject inter alia of a pending transaction between GDU and City of Sebastian ("Sebastian'). Sebastian has requested that ES perform environmental services which also relate to the Assets. Prior to performing such services ES will need (1) to advise GDU and Sebastian that there is a potential conflict of interest arising from the fact that the Assets are the subject of a pending transaction between GDU and Sebastian. As the interests of GDU and Sebastian differ in this transaction, ES will, by performing services regarding the Assets for both GDU and Sebastian, be placed in a potential conflict of interest, and depending upon how GDU and Sebastian pursue their respective interests, could place ES into an actual conflict of interest, and (2) to obtain the informed consent of GDU and Sebastian to ES' provision of services to both GDU and Sebastian pig to the Assets. GDU and Sebastian by their authorized signatures hereof hereby acknowledge that (1) they are sufficiently advised of the potential conflict of interest to the extent of seeking their respective legal counsel's advice, if deemed necessary, (2) they both fully consent to FS' performance of services to Sebastian pertaining to the Assets, (3) ES may freely utilize any and all information it has gained pertaining to the Assets without regard to whether it was gained while performing services to GDU or Sebastian in Performing its services to GDU or Sebastian pertaining to the Assets. ES shall not be in violation of any confidentiality or other provision of either its agreements 9�PARSONS November 1, 1993 Page 2 with GDU or Sebastian or otherwise, because of its use of information pertaining to the Assets, so long as ES does not further publish such information beyond GDU and/or Sebastian in violation of any such confidentiality provision. ACKNOWLEDGED AND AGREED: GENERAL DEVELOPMENT UTILITIES ACKNOWLEDGED AND AGREED: CITY OF SEBASTIAN BIB:mrw CW3-392 cc: E.A. Bernstein J. Butner /43C ,inky, i t Bruce L. Beal Senior Counsel ENGINEERING -SCIENCES INC. 2901 West Busch Boulevard, Suite 905 • Tampa Florida 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: a Revisit all the sites visited during our previous visits (3 sites total). a Interview operators regarding any new activities since our previous visit. a Review regulatory files to update any activity since last year. a Revise the report to reflect any changes. a 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, ENGINEERING -SCIENCE, INC. Thomas T. Jone', P.E. Project Manager TfJ:afs Attachment M • PARSONS 410NOISMAD 137 o u� an �O CD to E19 : ;o �•:ct a y OY}•••r ' ' • W N O O N • :::.::: J:::•: : 4 ;.••.}. ...{. tiff Y Li}. a q� O .',i1.1L.'r.Y.v...rr.�iyv�fr•. Co LLI 0 � �� r } •; •••Ytt J N W *- ca a g o �� 1 .j ft"ol ' � � �»>•;+; Q % co •vY /, ff '•• W Z Y LJ •. S Ln .- N T yti f .fryer•. Z CD a uj w h� }• ca O Z }. { lu E- co ca V ti•i: {,,:::: W :.: Y... •::�::.:. Y:f}. }}• .; :•:•:: ��{}:: iii: IL Z co cc z ui Y •. QN r) F- S C1,1% & ENG1QsM 1+.IG Seev l ct3 KC-% e%rT - w 1 is (ti3 ADDENDUM A PA6:e, Ian SUPPLEMENTAL TERMS AND CONDMONS (Environmental Audit Report Agreements) The following supplemental terns 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 sites) Investigated as described in the Report (hereinafter called the Premises) as they existed during the time period of the Investigation. 2. The Report shalt not constitute a warranty, guaranty, or representation (T) 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 ail relevant information, but ES shall assume no responsibility for the =h or accuracy of any information provided to ES by others or for the tack 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 CLJENT, but ES will not be flable for not doing so. 5. The Report shaii be construed neither as a legal opinion nor as compliance with any environmental taw, '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 Report. 6- Except as expressly provided for in our agreement with our client, ES shall not be responsible 'for any effect upon CLJENT's or others' legal rights, obligations or liabilities or for any effect upon the financeablity, 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 /39 �CY-A E"P—PV.n S ArN D CoN o rTtoNS—f'A,GE ZQF Z ' C t OF 5 E13 A ST I A 8L EN 61 y C-��'t2L N o- SGR.v 1 C� AG@ �N.►,�,jT M-tv-v t o 1't s 193 . 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 infomrdtion or conclusions in this report. 'Except as expressty 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, marketabllty, or value of the property investigated in the study or for the occurrence or non-occurrence of any transaction Involving the property.` uass� . /Yo • CIT`; OF S=—BAS i ►AN AND F -NC -%*4 r-! Q-5MViCEM kC%P- E1#-Ae..=T—DA-rC-o to!is/R3 ATTACEDAENT A PROPOSED CLIENT INDEMNITY PROVISION FOR ENVIRONMENTAL ASSESSMENT REPORTING SERVICES If Engin g- 'enc:e ' de a to action insti by ty of astian against a d by a third t City of S g out o r resulting from ce or non of any mon n ' g any pro subject to En ' -Science's. hereunder, or oth City of Sebas shall at its d at a Enguieeun S ence'sIption defend gineenng- Science therefrom er, cept to th t F.ngineenng-S ' is found separate) liable o its so , neglig ce or ' conduct, ind d hold Engineerin -S 'en harmless m an jud ent render in conn on there and all cost an ses (includin on a attorney's f ) in by Engineering - Science ' co ection with such action. City of Sebastian shall reimburse Engineering -Science's costs, including ut not limited to hourly fees for Engineering -Science's expert, technical or other testimony andrelated travel, preparation and copying costs, required of eeang-enb- y City of Sebastian 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 agxee that the proper venue for bringing any ction 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. TA381/ATTACHA/F FRE SE , NASH & TORPY, P.A. ATTORNEYS AT LAW GARY B. F RESE t CRAmLas TAN NAsx • VINCENT G. ToRwsr. JR. s RICHARD E. TORPY GREOORY S. HANSEN s J. PATmcK ANDERSON 1, uRA L. ANDERSON CHARLES A SCHILLINGER STEPHEN P. HEUBTON Wn ",m A GRndm OF COUNSEL, CRIB BATEB FOBTER OF COUNSEL Richard B. Votapka, P.E. Utilities Director City of Sebastian 1225 Main Street Sebastian, FL 32958 November 1, 1993 '1 Nov 02 1993 brm�,-� T" ti'_- 930 S. HAMO BLVE11- / 'bS'v"jTft-505------------ MmBOuRNE. F`t oRmA 32901 (407) 300 FAX (407) 951-3741 tBoARD CERTrFum IN TAXATION * BOARD CERTIFIED IN TRUBTB & ESTATES WILLS *BOARD CERTIFIED IN CIVIL TRIAL LAW RE: Proposed Agreement with Engineering -Science, Inc. Environmental Audit of GDU Property Our File No.: 92-8921 Dear Rich: I have enclosed with this letter copies of all of the documents provided to me by Kay O'Halloran on October 28, 1993, pertaining to the proposed contract referenced above. I have noted my required changes to the enclosed documents for you to discuss with appropriate representatives of Engineering -Science, Inc. If either you or a representative of that company have any questions concerning my required changes, please do not hesitate to contact me. In addition, the following clause should be added to the agreement: "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." Very truly yours, FRESE, NASH & TORPY, P.A. Charles Ian Nash CIN/bl Enclosure as stated City of Sebastian 1225 MAIN STREET Cl SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589.5330 o FAX(407)589-5570 FAS rRMSJff!F 'AL SST FAX f 813 -C)32- 74110 DELIVER TO: J 1 M B o -'net' _ Erc, i nPeria%n. Sc FROM: DATE: l - - g 7J" TIME SENT: 4'00 TOTAL NUMBER OF PAGES (INCLUDING COVER SEEET) RLP: 2 r+ IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (407) 589-5330 CITY OF SEBASTIAN 1225 Main Street o P.O. Box 780127 Sebostion, Fl 32978-0127 EMERGENCY PURCHASE DATE REQUIRED 11/1/93_ R E 0 U 1 S I T 1 0 N DATE SUBMITTED: 10/29/93 Funds Available Funds Not -Available Budgeted Not Budgeted (For Finance Office Use Only) ROUTING 1. Department Utilities 6 Work/Job # 2. Individual Requesting Ricbard7. Acct. No. 403--536-313 3. Department Head (approvaloo'�'� 8 Purchase Order No. 4. Final Approval 5. Disapproved (return to requestor) ITEM 1 9. Stock Item 10. Immediate Use 5uuutb I CLI venuuM NAME Engineerincr Science - ADDRESS 2901 West Busch Blvd. #905 CITY, STATE Tom- EL Zip 33618 DESCRIPTION Engineering Services Agreement dated 10/25/93 for an update of the enviram-cental audit conducted in August 1992 for the GDU water treatment plant and wastewater treatxttent plant sitesi GDU has furnished a copy of the original environmental audit; the' City is responsible for =q update of the audit. The audit update is to be furnl,shed to the' City's. Bond. Underwriter, -Raymond jm ea & Associates, Inc . , as requested. . MM -1 2/79 (Rev. 1/87) Gold (last copy) retained by requestor QUANTITY COST TOTAL oubm IS Time & $2,000 Materials Maxi= not to exceed $2,000.00 .}" ` ENGINEERING -SCIENCE ESCOMPANIES 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 %LEN ,Sf ONTACT 10/25/93 12/2/93 om T. Jones ( tapka 813) 933-4650 (407) 589-5330 COMPENSATION O STANDARD RATE SCHEDULE CROTHER (as indicated below) (Attachment A) 2 0 0 0 O LUMP SUM $ %PAYMENT SHALL NOT EXCEED $ 0 INVOICE MONTHLY (INSTRUCTIONS BELOW) UNLESS AUTHORIZED IN WRITING BY CLIENT D INVOICE UPON COMPLETION ITEM 1 2 3 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 CLI NT - Date THE STANDARD TERMS AND CONDITIONS CONTAINED ON THE REVERSE SIDE HEREOF ARE APPLICABLE.TO THIS AGREEMENT. ES ACCOUNTING s. CMO SFSAS`T'1AN k�,L0 ENG1QEEe(NC-, SEevicts Ater e*-rr - to ADDENDUM A PACs 1oF7 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 i 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 small be competent to determine the legal implications of Information or conclusions contained in the Report 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 possibilityof 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 ` Sui�����•-M �'T1iL `TEeM S ISN D Cow p1T1oW D F S E -i3 q S'T 1 A ►�I ENG,11.1 Ct'2l N G semv 1 c� s M-T�o %0125193 . 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 P Y PY q 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." L88.131 i t 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. C1T'( OF SEBASi 1AN At.io EW kti� 4 SC ZVIG'7S AveE1a-+t� -on-TC-o kolzslg3 ATTACHMENT A PROPOSED CLIENT INDEMNITY PROVISION FOR ENVIRONMENTAL ASSESSMENT REPORTING SERVICES I� If Engin ee ' g -Science is made a party to any action instituted by City of Sebastian against a t ' party or a third party against City of Sebastian arising out of or resulting from the urre or nonoccurrence of any transaction concerning any property subject to Engin g -Science's services hereunder, or otherwise City of Sebastian shall at its cost the Engineering -Science's option defend Engineering - Science therefrom and rther, xcept to the extent Engineering -Science is found separately liable for ' sole negli nee or willful misconduct, indemnify and hold Engineering -Science armless from an 'udgment rendered in connection therewith and all cost and exp e s (including reason a attorney's fees) incurred by Engineering - Science in conned 'on with such action. `hien, 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 Sebasti a4im 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. 7WI S _0®Qty1%e3,� WAS Rev\ 5 e—o %%t N -TV,( C.Z. PAS -4 ON 4467b. Noy . 1'i h -r TI-tt- CITY GouMC-1t. ME�-Z'1N G. iZ Is v TA381/ATTACHA/F ENGINEERING -SCIENCE, INC. 100 West Walnut Street • Pasadena, California 91124 • (818) 440-6000 • Fax: (818) 440-6195 November 1, 1993 Mr. Charles Fancher Mr. Richard Votadka ' 2601 S. Bayshore Drive Utilities Director Miami, FL 33133 1225 Main Street General Development Utilities Sebastian, FL 32958 City of Sebastian Subject: Consent to Potential Conflict of Interest Dear Messrs. Fancher and Votadka: Engineering -Science, Inc. ("ES") has performed pursuant to an agreement with General Development Utilities (" GDU") an environmental assessment relating to certain assets ("Assets") which may be the subject inter alis of a pending transaction between GDU and City of Sebastian ("Sebastian"). Sebastian has requested that ES perform environmental services which also relate to the Assets. Prior to performing such services ES will need (1) to advise GDU and Sebastian that there is a potential conflict of interest arising from the fact that the Assets are the subject of a pending transaction between GDU and Sebastian. As the interests of GDU and Sebastian differ in this transaction, ES will, by performing services regarding the Assets for both GDU and Sebastian, be placed in a potential conflict of interest, and depending upon how GDU and Sebastian pursue their respective interests, could place ES into an actual conflict of interest, and (2) to obtain the informed consent of GDU and Sebastian to ES' provision of services to both GDU and Sebastian pertaining to the Assets. GDU and Sebastian by their authorized signatures hereof hereby acknowledge that (1) they are sufficiently advised of the potential conflict of interest to the extent of seeking their respective legal counsel's advice, if deemed necessary, (2) they both fully consent to ES' performance of services to Sebastian pertaining to the Assets, (3) ES may freely utilize any and all information it has gained pertaining to the Assets without regard to whether it was gained while performing services to GDU or Sebastian in performing its services to GDU or Sebastian pertaining to the Assets. ES shall not be in violation of any confidentiality or other provision of either its agreements M 0 PARSONS s" - November 1, 1993 Page 2 with GDU or Sebastian or otherwise, because of its use of information pertaining to the Assets, so long as ES does not further publish such information beyond GDU and/or Sebastian in violation of any such confidentiality provision. ACKNOWLEDGED AND AGREED: GENERAL DEVELOPMENT UTILITIES ACKNOWLEDGED AND AGREED: CITY OF SEBASTIAN t Bruce L. Beal - Senior Counsel , .. BLB:mrw <- ; a cc: E.A. Bernstein ,r J. Butner ESENGINEERING-SCIENCE COMPANIES ENGINEERING SERVICES AGREEMENT ES: Engineering -Science 2901 W. Busch Blvd., #905 Tampa, FL 33618 CLIENT: City of Sebastian 1225 Main Street Sebastian, FL 32958 AGREEMENT NO. CLIENTS ID. NO. EFFECTIVE DATE COMPLETION DATE ES' CONTACT JIENWSVONTACT 10/25/93 12/2/93 Thomas T. Jones tapka ( 813) 933-4650 (407) 589-5330 COMPENSATION O STANDARD RATE SCHEDULE MOTHER (as indicated below) (Attachment A) 2 0 0 0 O LUMP SUM $ ❑ PAYMENT SHALL NOT EXCEED $ ❑ INVOICE MONTHLY (INSTRUCTIONS BELOW) UNLESS AUTHORIZED IN WRITING BY CLIENT ❑ INVOICE UPON COMPLETION ITEM 1 2 3 ES 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 CLIENT Date THE STANDARD TERMS AND CONDITIONS CONTAINED ON THE REVERSE SIDE HEREOF ARE APPLICABLE TO THIS AGREEMENT. ES ACCOUNTING Date STANDARD TERMS AND CONDITIONS .NTERPQETATIC;y This AG?==_btENr ,Lrsat:^, _ nese standarc 'erms and zoncafons and the termsimstrtc;-or<s typed cm the lace �t in -s .AGREE`.1ENT together with Erie Exhibits attacned hereto, and ail aoa.menis. araw+ngs. specilicat ars and instruments scecillcanv reierred to herein and mace a can hereof snail constituta ine entire AGREEMENT between the parties, and no otner or000sals. conversations, bids, memoranda. or otrer -latter shau vary, aster, or interpret the terms hereof. The captions on this AGREE'aE!JT are `or me convenience of the parties .n icentificatior, ,f ine severai -rovisions and shau not constitute a par of this AGREEMENT nor be considered interpretative thereof. allure of either Party to exercise any option, ngnt or nriwiege under this AGREEMENT or to demand compliance as to any OPligation cr :ovenant of the olner party snail net constitute a waiver of any sucr, r•gnt. privilege or option, or of the performance thereof. uniess tiaiver Is expressly required n such. event or is evidenced by a prooer,y executed instrument. �. SEVEPAa1LITY t s understood and agreed by the parties nereto that d any pan.:erm. or provision with tis AGREEMENT is hero Iiiegai or in conflict with any taw of the State wnere made or having jurisdiction over any of the parties nereto, the validity of the remaining portions or provisions shall not be affected. and the rights and oo+igations of the parties shall be construed and e -forced as if the AGREEMENT did not contain the particular can. term, or provisions held :o be invalid. ,.nless the effect thereof wouio materially change the economic burden of or benefit to either party. 3 GOVERNING LAW This AGREEMENT and the Attachments hereto shall be governed by and construed in accordance with the laws of the State in which the work is performed. INDEPENDENT CONTRACTOR in the performance of the services under tnis AGREEMENT ES snail be an independent contractor, maintaining complete control of ES' oersonnei and operations. As such. ES shall. pay au salaries. wages. expenses, social security taxes. federal and state unemployment taxes and any similar taxes :eiatinq :o the Performance of this AGREEMENT ES. its employees and agents shall in no way be regarded nor snail !nay act as agents or employees of the CLIENT CHANGES The CLIENT without nvandating this AGREEMENT, may order changes within the general scope of the services required by tills AGREEMENT by altering, adding to and/or deducting from she services to be performed. it any changes under lints clause ^.auses an increase or decrease in ES' cost of, or the time required for, the Performance of any part of ine work under this AGREEMENT, an equitable adiusiment shall be made by mutual agreement and the AGREEMENT modified in writing accordingly. All such changes in the Services shall be in writing and shall be performed Subject to the provisions of this AGREEMENT. G. STOP WORK ORDER CLIENT may at any Vme, by written notice to ES, require ES to stop all or any part of the work called for by this order nor a Period of up to ninety (90) days after the notice is delivered to ES ("Stop Work Order";. Upon receipt of the Stop Work Order. ES snail forthwith comply with its terms and take ail reasonable steps to minimize the incurrence of costs aliocable to the work covered by the order during the period of work stoppage. Within a penod of ninety (90) days after a Stop Work Order is delivered to ES, or within any extension of that period to which the parties have agreed CLIENT snail either cancel the Stop Work Order, or terminate the work covered by this order as Provided in the "Termination" paragraphs of this AGREEMENT. ES shall resume work upon cancellation or expiration of any Stop Work Order. An equitable adjustment shall be made in the delivery schedule or Prices hereunder, or both, and this AGREEMENT shall be modified in writing accordingly, if the Stop Work Order results in an increase in the time required for the performance of this order or in ES' costs properly allocable thereto. ES may stop work, at its sole option, if CLIENT fails to make payment of ES invoices within 30 days of receipt as required by Article 17 below. 7. TERMINATION A. The CLIENT may terminate this AGREEMENT in the wnole or in part at any time by written notice to ES. Such termination shall be effective in the manner specified in the said notice. shall be without prejudice to any claims which the CLIENT may have against ES and shall be subject to the other provisions of this AGREEMENT. On receipt of such notice ES snarl. except as and to the extent directed. immediately discontinue the services and the placing or subcontractor orders for materials. racilities and supplies in connection with the performance of the service& and snail, if requested, make every reasonable effort to procure termination of existing subcontracts upon terms satisfactory to the CLIENT. Thereafter, ES shall do only such work as may be necessary to preserve and protect the services already in Progress and to dispose of any property as requested by the CLIENT. B. A complete settlement of ail claims of ES upon termination of the AGREEMENT, as provided .n the preceding paragraph, shall be made as follows: (A) the CLIENT shah assume and become liable for ail obligations and commitments that ES may have in good faith undertaken or incurred in connection with the services which have not been included in prior payments (B) the CLIENT shall compensate ES for the reasonable cost of terminating existing subcontracts and preserving, protecting or disposing of the CLIENTS'S property and performing any other necessary services after the notice of termination has been received (C) the CLIENT shall Pay ES for all Services performed. prior to the date of termination, in accordance with this AGREEMENT. Prior to final settlement ES shall deliver to the CLIENT all Documents and all other required information and data prepared by ES under this AGREEMENT and execute and deliver all documents. and take such other steps as are necessary. to vest fully in the CLIENT the rights and benefits of ES arising from subcontracts issued in connection with this AGREEMENT. unless otherwise requested by the CLIENT in writing. WARRANTY ES warrants trial me services to be rendered pursuant to this AGREEMENT snail be performed .n accordance with the standards customarily provided by an experienced and competent professionai engineering organization rendering Ina same or similar services. 3. INDEMNITY ES snail indemnify. defend and had me CLIENT harmless from and against claims.:iabilities. suits. oss. cost. expense and damages arising from any negligent act or omission at ES in the performance of work and service oursuant to this AGREEMENT ES' "ability for all of the aforesaid matters ;s -mired to ma oroceeas recovered from the insurance carried by ES and within the monetary limits of ine insurance soecitma in Article 13 hereto after settling ciatms of tiro earties. 10. pOP.CE MAJEURE The 'Osoecl:ve -',I e9 era .,C!�gat:or1S of the parties •-ereureer except the CLIENT's not cation :o pay ES such sums as may cecome due from time :o time `or serlices rendered oy it snail 5e Suspended while are so cng as performance thereto is prevented cr Impeded by strikes, cisturoances. riots. fire. severe vealrer, governmental action, 'war acts. acts of God, acts of the CLIENT. or any other cause similar 2r _I-ssimilar 10 the foregoing which are beyond the reasonable control at. the parry from venom the duetted vermrmance was due. 11 ASSIGNMENTS All obligations and covenants herein contained shall be intended to ce binding upon the successors and assigns of ES and vie CLIENT ES shall not assign this AGREEMENT without the prior -written consent of tre CLIENT, wn ch consent small not be unreasonabiy witnmeie. t2. CONSEQUENTIAL DAMAGES •n ra event snail ES or its subcontractors or vendors of any tiler be liable n contract :on. strict iaotiity, warranty, or otherwise for any special, indirect, incidental or consequential damages. such as but not limited to, foss or product.:oss of use of the equipment or system, .oss of anticipated prolits or revenue. tion -operation or increased expense of operation of other equipment or systems. cost of capital. or cost of Purchased or replacement equipment or systems. .3. INSURANCE ES small place and maintain with responsible insurance carriers the following insurance. At CLIENT's request. ES snail �euver to CLIENT certificates of insurance which shall provide thirty Gays' notice to be given to CLIENT in the event of a cancellation. A. Workers' Compensation and Employer's Liability insurance • Workers Compensation in compliance with the applicable state and federal laws. • Emoioyer's Liability. Limit 51.000.000. B. Comprehensive General Liability Insurance including Blanket Contractual. XCU' Hazards. Broad Form Property Damage. Complicated Operations and Independent Contractor's Liatlility ail applicable to Personal injury. 3ocily Injury and Property Damage to a combined single itmil of $1.000.000 eacn occurrence subject to S2.300.000 annual aggregate for Completed Operations and Personal Injury other than Bodily Injury. or Explosion, Collapse and Underground C. Comprehensive AutomobPe Liability Insurance including owned. hired and nonowned automobiles, 3omty Intuy and Property Damage !o a combined single limit of 51,000,000 eacn Occurrence. D. Architects & Engineers Professional Liability Insurance affording, professional liability, if any. to a combined single limit of $1.000.000 each occurrence/ claim. subject to 52,000.000 annual aggregate. E. Excess Liability Insurance. Excess liability following employers' liability afforded by item (A) aria other coverages afforded by items (B). (C) and (0) set forth above, subject to a combined single limit of liability of $4.000.000 eacn occurrence/claim/aggregate, less uneehving insurance. 14. ACCEPTANCE BY CLIENT The WORK shall be deemed accepted by CLIENT unless. within fifteen (15) days after receipt of ES' written notification of final completion. CLIENT will have given ES whiten notice specifying in detail wherein the WORK is deficient; whereupon ES will promptly proceed to make necessary corrections and. upon completion, the WORK shall be deemed accepted by CLIENT. 15. CLIENT FURNISHED DATA. DRAWINGS. AND SPECIFICATIONS ES shall have no liability for defects in the WORK attributable to ES' reliance upon or use of data, design criteria. drawings, specifications or other information furnished by CLIENT and CLIENT agrees !o indemnity and hold ES harmless from any and all claims and judgements, and all losses, costs and expenses arising therefrom. ES shall disclose to CLIENT, pnor to use thereof, defects or omissions in the data. design cntena, drawings. specifications or ether information furnished by CLIENT ;o ES that ES may reasonably discover in its review and inspection thereof. 16. REUSE OF DOCUMENTS All documents including drawings and specifications prepared by ES pursuant to this AGREEMENT are instruments of its services in respect of the PROJECT. They are not intended or represented to be suitable for reuse by CLIENT or others on extension of the PROJECT or on any other project. Any reuse without specific written verification or adaption by ES will be at CLIENT'S sole risk and without liability or legal exposure -to ES. and CLIENT shall indemnify and hold harmless ES from all claims, damages. tosses and expenses including attorney's fees arising out of or resulting therefrom. Any such ventication or adaotion will antiae ES to further compensation at rates to be agreed upon by CLIENT and ES. 17. INTEREST PAYMENTS invoices are due and payable within 30 days after receipt. Interest at the rate of 11.2% per month or the maximum rate allowable under the usery laws of the state in which the work is performed, whichever is tower, is due on all payments not paid on or before the 45th day after the invoice date. Interest snail be computed from the date of the invoice. In the event legal proceedings are necessary to collect payments not paid when due. CLIENT shaft pay, in addition to such payments. ES' reasonable attorney's fees and legal costs associated therewith. 18. AUDIT ES snail maintain records and accounts on a generally recognized accounting basis to support ail charges buffed to CLIENT Said records snail be available for irscecuon by CLIENT or his authorized representative at mutually convenient times. However, there will be no financial audit of any :ump sum amount. ES' fixed rates or unit rates or fixed percentages. '9. EQUAL EMPLOYMENT OPPORTUNITY The Non -Discrimination clause contained in Section 4-02. Executive Order 11246. as amended. relating to Equal Employment O000runity for an persons without regard to race. Color, religion. sex. or national origin and the implementing rules and regulations prescribed by ine Secretary of Labor 141 CFR. Chapter 60. 41 CFR 60.250 and 41 CFR 60-7,411 are incoroorated herein. 20. ORDER OF PRECEDENCE env inconsistency or conflict between the standard terms and conditions set farm herein and :hose r;Pee on the face of inn AGREEPdENT er anv attachment thereof snail be resolved by giving precedence •n the following order cirst :yped instructions and/or conditions on the !ace of this AGREEMENT Second, fire Standard Terms and Conmttons: and Third. the attacnment(s) (if anyl attacnee hereto. CHANGES IN THESE TERMS AND CONDITIONS ARE NOT BINDING ON ES UNLESS THEY ARE IN WRITING AND SiGNED BY AN AUTHORIZED REPRESENTATIVE OF ES. ENGINEERING -SCIENCE, INC. 2901 West Busch Boulevard, Suite 905 • Tampa Florida 33618 • (813) 933-4650 • Fax: (813) 932-7416 October 26, 1993 Mr. Rich Votapka Utilities Director 1225 Main Street Sebastian, Florida 32958 RE: Sebastian Environmental Audit Report Update Dear Mr. Votapka: Inaccordance with your conversation with Mr. Jim Butner of our office, i enclosed s our standard Engineering Services Agreement for your execution for the subject project. This agreement contains our standard terms and conditions and should be attached to your purchase order. If you have questions, please call me or Jim Butner. TTJ:gh encl PARSONS Sincerely, ENGINEERING -SCIENCE, INC. Thomas T. Jones, . E. Project Manager TA381/1026VOT/F ADDENDUM A 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 f further exploration and development, ES will endeavor to provide it to the CLIENT, but ES will t 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 CUENT shall be competent to determine the legal Implications of Information or conclusions contained In the Report. 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 frnanceabiiity, 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 ourselves to the usual care, thoroughness, and competence of the engineering profession. "This report is not a legal opinion. It does not necessarily 1 p g p o ecessa y comp y 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.' LSO -131 ATTACHMENT A PROPOSED CLIENT INDEMNITY PROVISION FOR ENVIRONMENTAL ASSESSMENT REPORTING SERVICES If Engineering -Science is made a party to any action instituted by City of Sebastian against a third party or by a third party against City of Sebastian arising out of or resulting from the occurrence or nonoccurrence of any transaction concerning any property subject to Engineering -Science's services hereunder, or otherwise City of Sebastian shall at its cost and at the Engineering -Science's option defend Engineering - Science therefrom and further, except to the extent Engineering -Science is found separately liable for its sole negligence or willful misconduct, indemnify and hold Engineering -Science harmless from any judgment rendered in connection therewith and all cost and expenses (including reasonable attorney's fees) incurred by Engineering - Science in connection with such action. In addition, 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 or other third parties 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. TA3811A7TACHA/F r=imr.00mr=r=Roimr.scokomcF.D aumco 2901 West Busch Boulevard, Suite 905 o Tampa Florida 33618 o (813) 933-4650 o Fax: (813) 932-7416 October 26, 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 conversation with Mr. Jim Butner of our office, enclosed is our standard Engineering Services Agreement for your execution for the subject project. This agreement contains our standard terms and conditions and should be attached to your purchase order. If you have questions, please call me or Jim Butner. TTJ:gh encl. ® I PARSONS Sincerely, ENGINEERING -SCIENCE, INC. Thomas T. Jones, . E. Project Manager TA381/1026VOT/F OCT -20-1993 16:05 FROM ENGINEERING SCIENCE TAMPA TO 14075895570 P.01 R ENGINEERING -SCIENCE, INC. 2001 West Busch Boulevard. Surto 905 • Tampa Florida 33619 - (813) 903.4660 - Fax: (313) 032-7416 Mr. Rich Votapka Utilities Director 1225 Main Street Sebastian, Florida 32958 RE: Sebastian Eavimmental Audit Report Update October 21, 1993 ENGfl1EERUM SOENCE, TAMRA Fax "naimmifted 813193um a --� Fax) 8131932-7416 0 of @s From: DePLCa . Fax: Dear Mr, votapka: N ._._. ...._.. . In accordance with your request, we haveed an estimate. do update the environmental audit report we prepared last year fvt-the subject facility. The work effort would consist of: ■ Revisit all the sites vidt+ed during our previous visits (3 sites totai). ■ Interview operators regarding any new activities since our previous visit. W Review regulatory files to update any activity since last year. n Revise the report to reflect any clmges. ■ Discuss the rep rt with the city of Sebastian and make any further revisions mumnly agreed upon. EngineeriaOdence 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-mceed fee of $2,000. This fee assumes that no major remons to the report are required. The atm Table 1 provides a bseaWown 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, G -SCIENCE, INC. l Thomas T. Yon).,.E. project Manager M.-afs Attachment E - �pjs ELI OCT -20-1993 1606 FROM ENGINEERING SCIENCE TAMPA TO 14075695570 TOTAL P.02 Q � � xe:ex,eeac«w� Z x Or O coy vv oUl 0 W � •K 0 0� Q 4z In W VAo�o.vas•o:a+x.: Z w Uj cc V cc to 0 N N .�..... 43 1 wz W �CL v�41 ,w Y, Va1./111111. y ui 4.203 M�� W w Y. CC �KetS Y co W S..S�Y .e.•�.r»...e""N fir- w• yNAMMrA• 1OX:s.t+txw.Me.ee. «e 1MM TOTAL P.02 '14 2 -NS0R.ANK D U M DATE: October 19, 1993 TO: Kay O'Halloran, City Clerk/Acting City Manager FROH: Richard Votapka, Utilities Director <.61 SUBJECT: GDU Surveys and Environmental Audit of Plant Sites H Gw This afternoon I was able to talk to Layton .H -e-sq GDU Engineering Director, about surveys and environmental audit for the water and wastewater plant sites. According to Layton, the boundary surveys for all three (3) sites - Manly Avenue and Filbert Street water treatment plants and Bailey Drive wastewater treatment plant - are currently being done by Allen Engineering. All three surveys are to be completed by the end of this month. Layton said that GDU will furnish copies of the surveys to the City. Layton told me that the "Environmental Audit" for the Manly Avenue and Filbert Street water plants and Bailey Drive wastewater treatment plant was done by Engineering Sciences, Inc. in Tampa. The audit was completed in August, 1992 and is comprised of only 10• pages of documents. I requested a copy of the audit, but Layton said that he would have to check with Charlie Fancher, President of GDU, before he could release it to us. Charlie Fancher will not return until Wednesday, October 20, 1993. N� Layton Hughes- told me that there should not be too much work involved for updating the audit since it is slightly more than a year old. I would like the opportunity to talk to Mr. Tom Jones of Engineering Science to see if the price quote could be lowered. Possibly, immediate authorization to begin the update could be issued should the amount be less than $2,000.00. CC: Marilyn Swichkow meso/audit Nu - Z C10 ulcs— Zu s c_l., 'PEW-4 v-4 -To pa, FL. 33X18 M Z h 0 R AND J 4( DATE: October 19, 1993 TO: Kay O'Halloran, City Clerk/Acting City Manager FROH: Richard Votapka, Utilities Director SUBJECT: GDU Surveys and Environmental Audit of Plant Sites This afternoon I was able to talk to Layton Hughes, GDU Engineering Director, about surveys and environmental audit for the water and wastewater plant sites. According to Layton, the boundary surveys for all three (3) sites - Hanly Avenue and Filbert Street water treatment plants and Bailey Drive wastewater treatment plant - are currently being done by Allen Engineering. All three surveys are to be completed by the end of this month. Layton said that GDU will furnish copies of the surveys to the City. Layton told me that the "Environmental Audit" for the Hanly Avenue and Filbert Street water plants and Bailey Drive wastewater treatment plant was done by Engineering Sciences, Inc. in Tampa. The audit was completed in August, 1992 and is comprised of only 10. pages of documents. I requested a copy of the audit. but Layton said that he would have to check with Charlie Fancher, President of GDU, before he could release it to us. Charlie Fancher will not return until Wednesday. October 20, 1993. Layton Hughes told me that there should not be too much work involved for updating the audit since it is slightly more than a year old. I would like the opportunity to talk to Hr. Tom Jones of Engineering Science to see if the price quote could be lowered. Possibly, immediate authorization to begin the update could be issued should the amount be less than $2,000.00. CC: Marilyn Swichkow Reso/audit OCT 28 19 3 01: 06PM P. 2 %& ENGINEERINMwMC1ENCEi INC@ 2901 West Busch Boulevard, suite 905 • Tampa Florida 33818 * (818) OW4650 to Fax: (8 18) 932.7418 October 26, 1993 Mr, Rich votapka Utilities Director 1225 Main Stmt Sebastian, MmWa 329SS RE: Sebastian Environmental Audit Report Update Dear Mr, Votapka: In accordance with your conversation with W. Jim Butner of our office, enclosed is our standard En&eedng Services Agreement for your execution for the subject project. This agreement contains our standard terms and conditions and should be attached to your purchase order. If you have questions, please call me or Jim Butner. Sincerely, ENGINEERING -SCIENCE, INC. r - Thomas T.Jones, .E. Prc.7ject Manager TTJ: gh enol EPe►wsonrs TA381E1026'V w/v UU 1 epi '!JJ 01: 06PM SUPPLEMENTAL TERMS AMC CONDITIONS (Environmental Audit iRepert Agreements) P.3 AMENDUR� A The following supplemental terms and conditions shall take precedence over any inconsistent term and conditlon in the AGREEMENT; 1. The information and conclusions presented In the report described in the Scope of Work (hereinafter called the Report) sh&li be valid only for the Circumstances of the site(s) irwesdgated as described in the Report (hereinafter called the Premises) as they existed during the time period of the investigation. a. The Report shall not consulate 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 ogntamination of the Premises. S. 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 in#brmatton that 1s intentionally Or negligently withheld from ES by others. 4. After terminaft of the AGREEMENT, of ES obtains information that it believes warrants further exploration and development, ES will endeavor to provide It to the CLIENT, but ES will not be liable fbr not doing sa 5. The Report shall be construed neither as a legal opinion nor as compliance with any environmental taw, 'Innocent landowner defense", or "due diligence Inquiry'. Only legal counsel retained by CUENT shall be competent to determine the legal Impli+cetlons of Worm- On Or Conclusions contained In the Report•. 6. accept ae expressly provided f(w in our agreement with our client. ES shall not be responsible fol any effect upon CUEUrs cr others, legal rights, obligations or liabilities or for any effect upon the finartmbility, marketability cr value of the pnemic" or for the occurrence or non - Occurrence of any transaction Irrmlving the Premises based upon the Information stated in the Report. 7. The Report shall Contain the following or a substantially similar oNotice to Interested Parties": 70 achieve the study objectives stated in this report, we were required to base our conclusions on the best Information availabla during the period of the investigation and within the limits prescribed by our client In the agreement "NO investigative method can completely eliminate the p lbllity 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 desertbed in the report or, a no such contamination was found, its absolute absence. Professional judgement was exercised In gathering and analyzing the information obtained, and we commit UU1 20 'yjj 01:06pM PA . z ourselves to the usual care, thoroughness, and competence of the engineering protesslom This report is not a legal opinlon. 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 iniomctation or eoncfugion�s in this report. 'Eccept as expressly provided for in otlr agreement with our client, Engineering- 8dence 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." 0 UU 1 eb ' yj 171:07PM ,/ AT rACHNMNT A.► PROPOSED CLIENT ME WITY PROVISION FOR 4.NVRONAOMAL ASSESSMENT REPORTING SBRvICES If is mad - a Sebastian against a tturd party o . of or resulting from t. occurrence or nono property subject to Engine'Is ing-Science's Sebastian shall at its cost and at the Engine Science therefrom and further, except to separaWy liable for its sole negligence o BnENV n.nnoft g -Science harmless from, all cost and expenses Vinci. asonabie Science in conneefiori With—sWriedunr— P.5 darty to any action instituted. by City of yarty against City of Sebastian arising out uu transacdon concerning any ;fU hor, or otheTwIse City of se ts �ln of endE'ngi neermg- gmeeng-Sci is found I misconduct, indemnify and, Bold ,went rendered in connection therewith and attorney's fees) incurred by Enginea ng - City of Sebastian shall reimburse Engineerinoci=0'3 ,costs, including but not limited to houfl fees for Fn Isertn -Scse n 's . Y � g ce expert, technical or other twtimony and related travel, preparation and oopying costs, required of F gin,ng-Saence by City of Sebastian .n any action instituted by City of Sebastian or a third patty involving Eng`u ning-science's services provided hereunder, but not involving Englhee&S-Science as a party to such action. "Thkd, TA3$1IA7TACHNF UC:Y 28 ' yj 01 t 07PM P. 6 ENG INEE MIN12,5C1ENCE, INC. � 2901 West Busch Boulevard, Suita W5 • Tampa Flo6da 33618 • (813) 933-4850 Fax (813) 832-7416 I ;' ; :'� �• �, 000ber 21, 1993 Mr. Rkh Votap1m Utilideq Director 1225 Main Street Sebastian, Mmida 32958 RE: Sebastian Environmental Audit Report Update Dar Mr. V'otapka: In accordance with your request, we have prepared an estimate• to update the environmental audit import we prepared last year for the subject faeility. The work effoxt would consist of: ■ Revisit all the site$ 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 repM to reflect any changes. Discuss the rVort with the city of Sebastian and malas any further revisions mutually agreed upon. Enginwring-Science would provide the city of Sebastian with 5 copies of the draft report and 10 copies of the final report. we propose to P=TOrm the above services on a time and expense basis with a not -to -exceed fee of$2,000, This fee assumes that no major revisions to the report ane required. The attached Table 1 provide$ 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. Sinoecely, ENGUMRING-SCIENCE, INC, I i.V�9 Thl omas T. JoriIE. Project MsWer 'ITT:afs Attachment UL I' c'fi '!JJ 01: 07PM P.7 Til;M? 14 P Abi P.7 UL I ed - yd wi : 08HM EMGINKERINt 11INCE COMPANIES IES ENGINEERING SERVICES AGREEMENT ES: Engineering -science 2901 W. Busch Blvd., #905 TaMpa, FL 33618 CLIENT: City of Sebastian 1225 Main Street Sebastianr FL, 32958 EFFECTIVE DATE I COMPLETION DATE 10/25/93 12/2/93 COMPENSATION O STANDARD RATE SCHEDULE (Auacltment A)3 2 0 Q Q Cj PAYMENT SHALL NOT EXCEEDS r UNLESS AUTHORIZED IN WRMN BY CLIENT hGREEMENT NQ ' CLIENT'S ID. NQ ES' CONTACT *1��'S JQNTACT Mhomas.._.T r--Ja:aes apka ( 813) 933-4650 (407 ) 589-5330 MOTHER (ag Indicamd Deiaw) D WMP SUM $ O INVOICE MONTHLY (INSTRUCTIONS BELOW) O INVOICE UPON COMPLETION P.8 ITEM DESCRWTION OF SERVICESISPECIAL PROVISIONS 1 Letter from Thomas T. Jones to Rich Votapka dated October 21, 1993 outlining scope and fee for services to be rendered. 2 Addendum A, Supplemental Terms and conditions ' 3 Attachment A, Proposed Client Indemnity Provisjon* For Environmental Assessment Reporting Services - --- --- Post-I "YMMM request W WO �J MeowROUTING -% R*ECOUEST READ t4 % wY LJ HANDLE E] APPROVE W L% and FORWARD _a— 4-a Q RETURN Q KEEP OR DISCARD © RE iEW ITH ME r Date From CLIENT- Date Date THE STANDARD TERMS AND CONDITIONS CONTAINED ON THE REVERSE SIDE HEREOF ARE APPLICABLE TO THIS AGREEMENT. ES ACCOUNTING UC7 28 '93 01:08PM STANDARD TERMS AND CONDITIONS :NTEAPRETATIGY 4rN!L AGM -NIMH. OW=9 ^.4 cf :'*aro alandera W= and candmans 8nct 11ie WrPVinw=On% rxed an the stair of in•li AOREE:AENT rog'!thef *101 the 0hthd6 abacnad haralo, and an eeat.mentr, dra,trtnas. specticarm-m Wd iRStftal^_Itta ep'_arr COV 18(91120 2 hamn and nt21,da a ¢Sit ihditaf t:flrtrl ttonstitute Ira entire AfAg0MENT tigNrean tfta pa4as, a -d no enter prOpeaaie. Cottrtereatl M 4.4& mcmaranolt, Of at.^.ar gamer -,4211 vary. 3ttet. or interpret ". teffiY hemot The aston rw an thin AOAS e•l=fr'T are for tno convenience 41 the pstitea in t42nafleagair of she cores, prantiors efto snau nal soosdlute 9 osre o+thls A¢R$i MENT nap h4con:idared inlefefetaenre 01ekvL i!a-vm 21 mch& party to esererae arty action, trot or ptivam � unda thla AGREEMENT er teeemand 011-0 311Ce 8e 10 Orly 90110MV! W mitnan! of Lha other darty ahah 4ol ceflenhite a WOW-. r C! any evep right orrntago or Witton, at al Ute aerlarrr►arice tnereot. Wuess *814 to 4Xpraastty taquirod ,'s atter. even! or It 4401461148114y a PMPmiy aaacurad trurtnrmQnL ,r. BEVAM�fIlTY It -a tincefel0ad and agltsed Oy the cattle* oaroto test V 2114 cart. tetra. or praviefon wlin this AOFit cM4NT is held tcagat or in cart lits trtat any taw Of the We share Moo or forming Juroiracdon aver any of :he pares!- Zereto, the usitdiy of the remeWng Pomona or pra10iarons wiafi ndt rte aaectoo, and the r2ha ane obligaWn6 of thin 9arilas nbatl ba ct:narrusd and 046ii xd as if The AORL MENT did 1101 cantatn the Partsaufar ¢erl. ti"fus of Rroviewna Recd to 1:9 Invgrld, µclass tha itewl !hUcal vreoid 11321aM311y ohanpe life ISCoaantia burden of or omtsfra fa 6A1sw party. S 99N914NIW 'fits ACRO-MENT antl Rio Ats> ghmanbr harsh fiat) he govarned by sad caratrueo in accw tsnce , nth me taws otme s%gtR to which the works a0ftemt 4. Ii'LQEpEKO U GONTRAMR in um parformande of isle seft"" urtoet We rat3R09MEN11'. E8 Orrell rte an independent contractor. r"outtsil'i tQ 00MVele contras of 68412MR011el ono ocera arm A; such, ES entil.Aal of aat21ne% v&49& MOM863, docrai 69rrptty rmlos.:e:dssra1 and 3112110 ut+ef tilloymen! taxes sad any slividar !ease ratgftriq ^0 An prularniisnca Of 4ttd AGMEM&NT E& ifs BniployM and ageAls oltatt In :+e wdy oe f"atoed nor ftd may no as agrvmt of arnptoynarr of that CUEW G. CHANGES 7t78 GLJENT M!1190 invoRraling this Af3P1MENT. Msy order chwVes within the 4e11ertd.9eope 01 thot:aroece rsyqutr4d 6y IhfS Al3R6&Mii�iT byaefeApS, dd4 tto sn11/ ardadueang halo dta isommas to be 09A0pttteo, l 2111 rtarpee ender bila CMM I-wM f an incramtd or doEredte M 18' easy of. or the time ►egnlr9d for. bra P r'fapm 9m Of any dad Of rhe work u tet this AGA MM, &I% aquil211116 *Qusl d fit shad be Made by mutual aglee=nt and she ACRFA%A&NT madlRAd to WrItim) aoeerdtMaN. Art soca theltgea In tial $arvtcsnt Atusl tm rn wriing df o Eft, he pedarmed whidec to (I'm provislons of 1* AOSCRWNT. S. lERLMN PROM CLIEfor ay this et told" 4 of u b Wil' W tt A we ES if10 8139 ail or 4Ay aRrt df thO work UP ol" OM dt,ya char that n0lied is delivered M ES rotap Wbtk ftpi Upon ipoplpt of the &tap Work t3ldt. a 4011 fQtUmut aompty pith its term4 and ukg oll manonatrte MPS i0 tnittrtttim 018 IFICU teltae Of 90813 AttocoMe, to tho hvark cava,nd by the deet 6401111 the Period 9f OWN 2149101986 within a period of nlnsty (9a) days attar a Stop Work Cyder to defivercd to ES, or wd do any mdatuudtl of Mal Offidd la Wftiah the iQwm have agniod. CLJERIT wait ttthop anneal tyle Stop tfftk 00011, ar U Ml18te tae work t ones by On carder so InmWded In the'Terminatlon Pttn W=hs of thtsiWRIMMaM: 08 %hail it sure web Olson lattowWas Or tXpifatfan of Ray Stop VJwk Order. An aquitabla a4ustnse11l Shall be trade in the cisthrary seh90&" ar pntrat trQt'a+:tnder. or both ens! this AURnli(ENT 61Ia11 be m9dfirld M vMdag 19e0rdr14411F, it U10 EMP work Order rewite In an incraim in *9 oma required far the part4ratmee of this olider or 4n W gavel praliarty arlae"MR hte. areES may seep works At 113 8019 shier, if CUONT Loa to rusk* 0004M 61 Eg rfltraite5 lir NA SO days of rece9l IIs required by Ansett- 17 holow. A. The CLIENT may tnns90tete late AGAGEMW In dm whoio or In part at any dyne by ve ten notice to f. Ouch farmlrtatlon shod be Cftftl1100111 the lttanflel ePltaified in i11e Mid RCtiae. OW be ter"Ut 1011udlee to any 0211115 which the CLtta4NT ►ntty halts 89elggp EB QPO BhRn be Subject to the altlQr proisi sans of Otis AQNralif NT. on r In in of Auch nodes 119 anidt. except as and to the extant difectm iturneekooy dtacondmjp die srrmioosand the otnerng at at beantracfor Orders for raatedulA heltiliag artd suopiios in aisruteetlotl wo the pelldlrita"ce of the 48r ion -rise shad, it M44402M fmke eery fea4ar<aW4 Mlan w Procure ulrntpnitt;an of sansdng suboeniracis upon terms andstactary to the CUMT. Ttiaretrthm E3 attail to Only such work as may tit necessary 10 preserve erld arotM fhst $Wvmos affaitdy M arOgMO add 10 00099 O1 wily onerty es m Weald by (1101CuMVT. 2. A COM21e1e tetEel"Ont of 1111 912,1111111, ai ES 4190111 tcfttn2bdfl Of Me ACIREEMM. ae provided In th i praaadln4 p3ragfd^ Sh2l be Made 8t 101IM3 (Al the GUII yT e11811 Antin1O ltnd btscamo haltle tat ail obbgaolana MW oetttstbfIMOM that 60 fW 1161001 In goof hA undtrwftd at in mored to a ft"WEGn with Um iprr10resrt wNc h have not bade tnaladee is pryer Peyree11111 Q ale CU NT Qftrl 9CMINP92301 Er lar Itto raasettaate Coss at MlmIrWitp Aotillitnq subcontrerta mpg pr14sarvtng. orchWdAq of ditpastea Oi the CUti1PlTti's pro5fM perforating any etttef picoaztary caf Cos itflgrtne naboact b milt ane flaw ttaao rr,eaivad Mills CLIEAITiflall nay I-5 rorallservices perfafrned. prior to the rssta of torim ttaaan, to acComence with this AGRCEMENT. Friar to anal svrmamssttt E6 ehaU 9e111fa1' tat 01e GUENT 211 Dcamdek ono all 811101' requited 11110smMion and call prepilrov by E$ utdw [hit AGREEMENT dad ONOW20 and datuyf an docurnittioL and tulto such ether gbo* as are heedlessly, to 10ettt My In the t t'W the rigs' m std bnhh>tftfs of ES AfIS1114 from ekbmtrato ;ML90 In oan(WMdo wilt this AGREEl1 EW. ufdws otherAW MqulslAd by tyre CLIW in wing. a WA ES werrefus that the aervrcea to IN 08 *1190 PUrsnsutt to lids AGRREMENT 6hall be perfetmad M aaeomance Myrrh than kmards customarily provided byan exflenenced and aOtTpatt+fte p1Ct89etanwi engnsew'. ot8armahan nanaarrltg die dente Or stnmar setvsces, B. oS shall Inaer1n1111y 4918nd VM 11414 the CLIEW harmlass t'fcnl and against olairlte. Nebifitle5, alittm ✓ ose, 400L E110e1180 one 6aat81100 ansl11q font any neatigEm act ar emission of ire in ma padamtxtsew J of work and calta+ ours to this AGAUEMEPf't'.11 P.9 106 FSG& MAd1:UFiE i Fa roRpacoyd C'jtte8 ,trcl sbkgatoos of !fid carteg nareunav 92coM !hc CUSJTs rauganx := :ay ES suen summ as -nay hetwe t:de froth amo b urns ,It Services renderea .y a) :Ran be -wsaended whi'eana so •eco ab oartprmmncte ote►eta i'. prevents: _t irt:ie�ded by s:rihe% 9ic!4;ra�nLas. noir•. fim savaro wcal"el, Sovurninantal action, *#or acle. Be% at God. ars of the 041:1111, : f pr -j- 0001 Cev66 eimiiar at digsirrd:tr :a the AOMMOinq wMeM alta beyond the rv=on2b?o conwii of the patty from whom tna of d4eri gurrformanca wee Etre. 1 t At;41Q� NM�wTe AD 6bliptioRe and Sovttirtan:s harem Contained :hail bat ttittind9ti to tin hinds; tsow the aucce.c.aofa and at SWe. o1 ES and Me, CLIE� IT, c9 01-0 not ElWlan cna AGAEGMENT &4hovs are ancr vrnnon consent of the CLIENT, *faicn carmam shall not ha un"Hunapsy *01`191d. 12. PtQNl 99lIfA1ML. OAbt _ +mss ' ,n fro eves Ober! R3 or tts suboontfaalere Or 10erlaort of any tier bg ila6tA in =rmaeti, tart ttnct aRlufdy, vrwrranty or aftediae fbr arty apecisf. inairecu incidental of cansaquefinai damages. aacn as but "I smiled UN 193a of FMduw- toff Of use of the 911411110111 or 3111181►, rosy of anhciaated of ns o Ar revenue, non•aptrrwttcn Or lnereaNd expen.e Of Opttracion of adtar agaipmcnl or bysteme. cost of esottal. or coat of purchased of replacement equipment or sybteiri'5. 13. lN�g ES UMft piece and merMirl %ilh ruBponsilb:4 inur4nat) carrlare mp lotiowing inewetwo At MaW t. Eli that! 46tivar to CLIENT aertifieam-i of tnturlrice wnton snA9 prones !hirty Coln' n,t:t9 to tea 9�ttvrii W CUM to the event ora eanWladen. A. waf of Contoa1Tnla�yMilR en Llatrrtav inauranrqq It V19FRare' Carnaw nkrbn in cdsa011344210 with the d0flifeeble 91s1a and l6aayAl laws. s EmpiariWa Liability. Lifftit 91.CQQSa(9. 0. 9morehtmaHa Caarswar uabtttty Itrtumnee rnetudt11g fltankal Conaact:ntl, x40 4629fif , SION Fan'% Proparty 021/1342 Compttostad 0OWS50M and Independent CanlreaWs Liatfllshr al apaltaable m Personal trtryry, tiodgq tnittly SW firoosrly 0sm2ae to a combined Vrrgle rand of 31A IMI each oceunaneo tutuaM to 62 Zt1 om annual ttggroom for Ganmetow Gparsaons ON P01101121 I11rury other than Bodily Iniv y. , a' ftiogton. Cowsa and Underground C. 9Rffipteh2aAive Aut0matift UAbr11110 InRhna11ca mctudtng owned. hired and nanowned Cutpmot3das, Saatly Intury and Property animago so o eGrnbfrlad tdoWfif"It of 51,060.0co esen =out, de. 0. Arahslaahh b 3rornRsrs Proktslbnal Liabefnr insurance atweinp, Rroradsla11al tiabitrry, it any. M a e0111:11ta Bindle 11mK or $ .00p,ow each oCC11R9ric8iciaitn, 9uvieo to (a'2g00,Opo 9nRvs1 elJaregata E, VArosrs L.raltilifr Ill lura11ct►. F-oeeae aablffty farrowing employers' linwriy altorded by jinn (A)2110 011ier ca"."969 8ft0d by 111!1119 (M. 10 itnd (0) mit cath 11120404 avbinct to a comb irao Amato amt) or frttOcity of 84,140.060 each accurMnegini :im/aggragatq '1431 unaatiyrrtg snsuranca 14. A PTANt:E MR= Tha WORK ahe he doomed accoPM dy CLIENT uroess, within fifteen 1181 days oiler neetipt or fiL'veeftten nerificalion of final Comalovaf1, QUW hill stave often 64 wrtdan notice apecfyino in din wthglOn that WORK is danatartt; wharaerpon E8 will prmrpny preoaad to mskat naeamary ct,naetlens 23-1111, ugan t'WP101101% ttt4 WORK Choir! be daesttad 2doWted by CUENr Is. SLENf� FtJRhllf EO�QiAY,A�I�tVtti lLfFI AND RPECJFICAT042 63 511911 have 11611011Y tar ItIEW19 14 the WORK erbibuteble to es' m 6fles upon or use of 4014. deitgrt crkertO.drAwingtl, t>p�iflonebnp er otnor IntarMutdOn Rtrn�hon by CLIENT attd ehsltA.�ntetAi +..e bel a� Mnrr►rth� r.4,^..... , . _:. _._-__ __... � q� E8 e><80 docloee to Cupflor to use theraot, o#xtt0 or omlgyona m the dam, 1111111111911 crtlrr111% drr>wengq Apse fidattena of other cnternimion turniahed by GuFt4T to gS !tial I;S rttay faaeenably discover in fes W8111 sad ;F4O8tWrt theniof, tG grTURE OF nQO1 meNTF All documents Including arewirtga sots sat:cdlcebons prseparrxJ by CS purayaM to thin AGREzi11ENT 2110 11"ISMS MUM111 of iia 82040X05 to respoei Of the PROJECT. They are not ,nxrtdM ar ►eorosented to be suttshlb tot rouge br CLteNT or Oaten on exMitalan of the PRWLCT ar on any othur projget Any rouse *11hout epw1fic wflttert verificedon or etlaliggp by ES will be at CUENT's scop risk and wlthotx tIP&My or "a 99,90wrrs 16 9% alto CLIENT shall Indentnly artd !laid he11nleM,gS f" All 61-211,11% d2rnsges.lasaes and eit"m"Inatuc ing attorney's rete- aneingout of tar NquilA, therefrom. Any aitch verittfoltiar Or sdfiglron will 61111115 ES to furl w ootnRof► 9n st Mtge to bq agraad upon oy CLJSNT and EA t7. LTEROM PAYIuI?m tnvetaet aro dare and payable vtritnin 90 days after n!ceipl. t a, tsita in-wrttCbJl rtMd, Wha an air d an dalEi: the dathe await! i at 1-002 nol om wrten due, CLIENT Gnarllea �Iw -smog pay, in payns tq h. IL AUG1T AS snail malnlafn raoards and accounth an a 9c6N4uy I'MoOrl'IM-lMotiA1494 baby- to ftop*n Ail eh2f+lea billed to GURN'T, Said reC9143 Shall to available (of ifteaecpon try :Ld:t+T or air; authonWd •epretlOnLitt+►9 at mutually convontant itmas. Homliar, that, wih h0 no anhne at eudll at ony lump sum &Mount ES' hxel rates or unn rsies omitted pereetsmges. 'O. AM&,RMPi.Mnoim?t3PPORruNITy The Non-Ciscriminailart clause Conlaulad in VaChGA 202. Estaeufwe Opfer 112x8. as amended, rpfRlttsg to Equal Efrigtoyntnnt Op¢drruntty for all person wil"our repsrd ID race, chlor. ref+prps. man, of natWal angra and she imolementing rules and requieitonq prescribed by the SoereLlry of Labor tri CFl3. Chapter W. Al CFA 801.254 and Al CFR 430-7all to meat crated httetfl 2d. Any It►edftSrStffM Of C M blot bMWMM the Ofandaro Sante Only LCnd!!ions sh pilin hereto and :Dt)s@ r{9tWOil lhe110099tntlgAGREEMaNTaranvsttbechmgMth;IfWl44bgMgohtpdby4ivtn racndanGa m tha followers; order. First. Wea IAttruchan. andan fOr cdittore on tlla face of :his AGREpm ,111- 8eaond, t^a S's110ero Twmg and c411ait+an5: and Th1fd, ane atiacilmen1191 tit may! al 40 P"M. CHANGES IN THESE TERMS AND CONDITIONS ARB NOT BINDING ON E$ UNLESS THEY ARE IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF E3. OCT 28 093 01:O913M P.1O E111f3111iCORINGRPSCIENCE, INC. 2901 Mast Busch eoulevard, Suite 905 * Tampa Florida 33618 * (813) 933-4650 • Fax: (613) 932.7418 October 26, 1993 Mr. Rich itotapka Ulilica-Director 122.5 Main Street Sebastian, FIctida 32958 RE: Sebastian Environmental Audit Report Update Dear Mr. 'Votapka: In accordance with your conversaOcm with Mr. Jim Butner of our office enclosed is our standard Engineering Services Agreement for your exmution for the subject project. This agreement contains our standard terms and conditions and should be attached to your purchase order. , If you have questions, please call me or Tim Butner. Sincerely, ENG CI--SCrENCE, INC. r Thomas T. Tomes, E. Project Manager 1TJ:gh ental PARSONS TA38111026VOTIF IV C,?�� t UU I ed ' tlJ 01;11dF'M r • SUPPLEMEN'3'AL TERMS AND CONDITIONS (Environmental Audit Aepowt Agreements) The fallowing Supplemental farina and conditions shalt take precedence over any inconsistent term and conditierniRtheAGREEMIFNP 1. The information and concluslona presented In the report described in the Scope of Work (hereinafter wiled the Report) shall be valld only for the circumstances of the site(s) Investigated as described in the Report (hereinafter called the Premises) as they existed during the tirm pedod of the Investigation. 2. The Aeport shag not constitute a warranty, guamnty, or representation (1) of the absolute absence of hazardous or otherwise harmful substances or condl`tions an the Prembes or (2) if such substances of cariditlons are found on the Promises, that the investlgattans accurately deRne the degr" and wdent of possible contarWriation of the Premises. 3. ES shall evaluate the reasonableness and Completeness of all relevant information, but ES shall assurne no responsibi'iity for the truth or accuracy of any information provided to ES by others or for the lack of Information that Is Intentlomily or negligently withheld from E5 by others. 4. After tertrrinagon of Rhe AGREEMENT,If ES oftfrtis infcrrnation the ,it believes warwits further WOOMdon ani d"opment, ES w9l endeemrar to pn wWo It to the CUENT, but ES wilt not be Ilabis for not doing ser, S. The Report shall be car trued neither as a legs! op-l*n nar as compliance with any OfMrcnmentsl law, "innocent lar4owner defense', or 'due diligence Ingrid, Only legal coun$M riNWmid by CLIENT shall be ccxnPeW tE to determine the legal irtmplicationa of Inforrnation or dortoludms contained in the Ropm S. Except as expnmWy provided (Or in Our agreafftnt with our client. ES shall not be responsible for any effect upon CUENT`¢ or others' 109W rights, abfigatfons or Itablrrties or for any effect upon the finanoeabiity, mark0*111ty or value of the Premisas or for the occurrence or non- c0currOnce of any transaction Involving the Premises baked upon the Infamation slated in the Re"It 7. The Report shall oontatn the following or a substantWHY similar *Notice to Imerested Parties To achie" the study oblea*L es stater! in this report, we were required to base our conclusions on the best Information ayailable during the period of the Investigation and wlthln the funks prescribed by our dent In the agreement, 'No Investigative method can completely eliminate the possibility of obtaining partially impreclse or incomplete Uftmrahon.. Thus, we cannot guarantee that the investigations COmpletely defined the degm or extant of any contamination by haaardcw or otherwise harmful substances described In the report or. h no such contamination was found. Its absolute absence. PrOfeesional judgement was exercised in gathering and analyzing the information obtained. and we commit OCT 28 '93 81:11PM P.12 aursekes to the usual care, thoroughness, and competence of the engineering prafeasbn. 'This report is not a legal opinion. It does n of n�cassan'y comply with requirements remerts difined in any envfrcmmental law such as the "innocent landowner defense' or "due diligence lnquiry"'. Only legal counsel retained by you is competent to determine the • regal Implications for you of any inforr mVen or conclusions in this report. 'Except as expressly provided for In our agreement with our client, Engineering- $aiene@ Is not responsible for any effect upon the legal rights, obligations, or liabilities Of piny party Or fpr any effeet on the ffnanceabilfty, marketabilfty, or value of the property Investigated in the study or for the occurrence or non-occurrence of any transaction Involving the property." • r t OUT 28 19J 01:12PM ATTACHUMM A PROPOSED CLIENT MOM= PROVISION FOR EN WROI~NLN'TAL ASSESSMENT REPORTING SERVICES If -Mg - is made a arty to any action instituted by City of Sebastian against a thud party or y ainA City of Sebastian arising out of or resulting from the occurrence or nonorourrence saetion concerning any COWWA941L�a c�ertysubJect togineering�aience'B services ndeir az otherwise City of dmn at its cost and at the En cels option defend Engineering - Science therefrom and fu or, ex a Went Engineering -Science is found separately liable for its sole genCo or willful misconduct, indemnify and hold Engineean -Scaen ss frons any judgment rendered in connection therewith and all cost an ses (including reasonable attomey's fees) incurred by Engineenng- Science in co br ' ' n, City of Sebastian shall reimburse Engineering -Science's costs, including but not limit[ to hourly fees for En iuseering-Science's expert, technical or other testimony and rekted travel, preparation and copying costs, z�uird of Bngineerring-Somm by City of Sebast in any fiction uistitutm by City of Sebastian or a third party involving Engineering -Science's sei'�►iCes provided hereund__a _but _not involving Engin g -Science as a party to such action. n d- TAMIAWACHAM