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