HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-002T
Temp. Reso. # 13219
January 9, 2019
Page I
CITY OF TAMARAC, FLORIDA
RESoLUTToN No. R-2019 Ce
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, TO APPROVE CHANGE ORDER
NO. 4 TO THE AGREEMENT WITH ENVIRODESIGN
ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED
$35,280.00 FOR THE INSTALLATION AND QUARTERLY
MONITORING OF ADDITIONAL GROUNDWATER
MONITORING WELLS; AUTHORIZE THE APPROPRIATE
CIry OFFICIALS TO EXECUTE SAID CHANGE ORDER;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILIW; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac has approved certain
improvements at the Colony West Golf Club, including, but not limited to, the construction
of a new clubhouse facility, and hotel; and
WHEREAS, as part of the City of Tamarac Contract for Sale and Purchase,
Section 7 (c) for Hotel Property, "Seller shall remediate any and all environmental
contamination currently located on or affecting the Property, and shall deliver to Buyer an
environmental reporUstudy that confirms the completion of such remediation and states
that the Property is suitable for development for its intended use.
WHEREAS, due to the proximity of the property to the golf course, elevated levels
of arsenic were encountered on a portion of the property; and
WHEREAS, it was determined the arsenic impacted soils require excavation and
relocation from the hotel building footprint; and
WHEREAS, the City of Tamarac must develop a Remedial Action Plan to ensure
safe and prop"i removal and relocation of impacted soils; and
WHEREA, the City Commission of the City of Tamarac approved Resolution R-
T
T
Temp. Reso. # 13219
January 9, 2019
Page 2
2017-130, on December 13,2017 , authorizing an expenditure not to exceed $170,400.00
for the Remedial Action Plan, which included a contingency in the amount of $28,400.00
for additionalwork, as approved by the City; and
WHEREAS, the City Manager administratively approved Change Orders No.1, No.
2, and No. 3 for additional work as required by Broward County Environmental Protection
and Growth Management Department, copies of the approved Change Orders are
included herein as "Exhibit 1"; and
WHEREAS, a proposed Change Order No. 4, in the amount of $35,280.00 is
necessary due to the fact that additional groundwater monitoring wells installation and
quarterly monitoring is required, per EDA Proposal No. 18152, which is included herein
as "Exhibit 2"; and
WH EREAS, the Public Works Di rector and Financial Services Di rector recommend
approval Change Order No. 4 in an amount not to exceed $35,280.00 for the installation
of additional groundwater monitoring wells and for quarterly monitoring, a copy of Change
Order No. 4 is included herein as "Exhibit 3"; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to approve Change
Order No. 4 in an amount not to exceed $35,280.00 for the installation of additional
groundwater monitoring wells and for quarterly monitoring, and to authorize the
appropriate City Officials to execute said Change Order No. 4 in an amount not to exceed
a contract cost of $35,280.00, which increase the total project cost to $205,680.00.
t
TNOW, THEREFORE, BE IT RESOLVED BY THE CIry COMMISSION OF THE
T
Temp. Reso. # 13219
January 9,2019
Page 3
CITY OF TAMARAC, FLORIDA, THAT
SECTION 1 The foregoing 'WHEREAS' clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. Allexhibits attached hereto and referenced herein are incorporated and made
a specific part of this Resolution.
SECTION 2: Change Order No 4 to the Agreement with EnviroDesign
Associates, lnc. is HEREBY approved, and the appropriate City Officials are HEREBY
authorized to accept and execute said Change Order in an amount not to exceed
$35,280.00.
SECTION 3 All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict
SECTION 4 lf any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
T
Temp. Reso. # '13219
January 9, 2019
Page 4
SECTION 5 This Resolution shall become effective immediately upon its
passage and adoption
PASSED, ADOPTED AND APPROVED this tl"day of 2019
ICHELLE
MAYOR
ATTEST
I
I
\tn". D\-\)\3.-^r- '\ o=
PATRICIA TEUFEL, CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED TH!S RESOLUTION
AS TO FORM
LS o E
CITY ATTORNEY
RECORD OF COMMISSION VOTE
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: V/M PLACKO
lu4tu-_W
@%
TAMARAC
1ils Clly tor YoJr tliP
Cltv of Tamarco 1 Purchasing and Contracts Division
CHANGE ORDER
CONTRACTOR: EnvlroDesign, lno,
CHANGE ORDER NO. 1
PROJECT NAME: Colony West Site Assessment n
RePort / Remedial Action Plan
BIDNO. N/A
PROJECTNO. GC17A
P.O. NUMBER;210515
tN coMpLlANcEWtTlt spEctFtcATloNs tN THEABovE REFERENoED coNTRAcr, THE coNThAcroRAND THE clrY Do BorH
HEREByAGREETnRTTHE colttRAcroRsHA[tMnreitie]or-iotitnrue cnnruaEs,ADDlrloNs oRDELETIoNSToTHEWoRK
SPECIFIED IN THE PLANS AND SPECIFICATIONS;
DESCRIpTION: per Broward County EDP, addltlonal groundwater monltorlng wells aro belng requosted at the Colony West Hotel Prolect
puRposE oF cHANGE ORDER: lnetallauon ot up to four (4) permanont shallow groundwater monitorlng wells; survey uoll ca$ing
olovation: measurement ot groundwal€r elevatlonl correcr ani Snairze l.rno*hei..etqolee for arscnic; ind lncorporate llndln93 ln the
slte Ass$smsnt Report / Remediat Action plao, currenily d;;lril tf ,ol a ipinalirg Eiroward county approval of a 60 dav time
extension to August 24, 20'l 0).
ANGE IN PRICE TIME
DATE OF ISSUANCE: MaY 14,2014
OWNER: CITY OF TAMARAC
7525 NW 88h Avenue
Tamarac, FL33321'2401
Account No(s) Affected:
450-7099'572.31-00
Amount Affected
$ 9,750.00
ROUTING: Dept. Dlrector, Contractor, Purchaelng Manager, Clty Manager, Purchaslng Manager
Original Contact TimeOriginal Contract Price
1 000
Net Change From Previous Change OrdersPrevious Change Order No. 1 to No.
Contract Tlme Prior To This Change OrderContract Price Prior To This Change Order
1
Net (lncrease) Of This Change OrderNet (lncrease) Of This Change Order
50.00
Contract Time With AllApproved Change OrdersContract Price With All Approved Change Orders
151 750.
-S*ff/zc ra,Date
agerBY
TAMARAC
lhr erly tor Yorrr I il"'ol
DATE OF ISSUANGE: September 17,2018
OWNER: CITY OF TAMARAC
7525 NW 88h Avenue
Tamarac, FL 33321-2401
Pwchaslng and Contracls Divlslon
GHANGE ORDER
CHANGE ORDER NO.2
PROJECT NAME: Colony West Site Assessment n
Report / Remedlal Action Plan
BID NO, N /A
PROJECTNO. GC17ACONTRACTOR: EnviroDesign, lnc.
P.O. NUMBER;210515
IN COMPLIANCE WTH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTHHEREBYAGREE THATTHE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TOTHEWORKSPECIFIED IN THE PI.ANS AND SPECIFICATIONS:
DESCRIPTION: Per Broward County EDP, addltlonal groundwater monitorlng wells are belng requesled at the Colony West Hotel Profect
PURPOSE oF OHANGE ORDER: Roplacoment of an oxiotlng monitoring vrall (f\niv-10R). Also, an additlonal round of groundwat€r 8nd
surlac€ water samplee ate noeded for laboratory analysls of t6tal arseniCand dissolved irsenlc.'
CONTRACT CHANGE IN GONTRACT TIME
Account No(s)Affected' Amount Affected
450-7099-572.31-00 $ 5,150.00
ROUTING: Dept. Dlrector, Contractor, Purchaslng Manager, Clty Manager, Purchaslng Managor
c
Origlnal Contract Price
$ 142,000.00
Original Contact Time
Previous Change Order No, 1 to No.
$ 9,750.00
Net Ghange From Previous Change Orders
Contract Price Prior To This Change Order
$ 151,7s0.00
Contract Time Prior To Thls Change Order
Net (lncrease)Of This Change Order
$ 5,150.00
Net (!ncrease) Of Thls Change Order
Contract Price With All Approved Change Orders
$ 156,900.00
Contract Time With AllApproved Change Orders
D
--S-'"f;1"
?/rc zo/g
TAMARAG
IhJ Clly Ior YoJr tl(o
9t!.v ol famarcc Purchasins BntJ Ocurfacls Divtslon
CHANGE ORDER
CONTRACTOR: EnviroDeslgn, lnc.
CHANGE ORDER NO. 3
PROJECT NAME: Colony West Site Assessment n
RePort / Remedlal Action Plan
BID NO. N /A
PROJEGTNO. GC17A
P.O. NUMBER;210515
IN COMPLIANCE WITH SPECIF]CATIONS IN fiE ABOVE REFERENCED CONTRACT. THE CONTRACTOR AND THE CITY DO BOTH
HEREBYAGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWNG CHANGES. ADDITIONS OR DELETIONS TOTHEWORK
SPECIFIEO IN THE PLANS AT.ID SPEOIFICATIONS|
oESCRIPTION: P€f Broward County EDP. addltlonql ae3e$ment data ls belng request€d al the ColonyW6st Hotal Ptoloct
puRposE oF oHANGE oRDER: tnctudtng, but not timlt€d ro, rnstallatlon of up to 16 soil borlngs tr. s"I *:lr'::-l?]lT,tllj; provlslon of
ono (l) well pelmit from Broward County D-pt ol Health; obtain permieslon of one ofr-slte.groundwater monilorlng w€ll for tomporary .;;t.i;i;ffiii;ilt6'dn.Jriivr}dg. C6nooinrnrum); h;hilatto'i;i;nriri ott-slte sroundiater monltorlns wtsll; and samplrng of newlv
installed off-itte groundvvater monltorlng well for lncluslon ln the SAFURAP addendum'
PRICE c C
Account No(s) Affected: Amount Affected
450-7099-572.31'00 $ 13'5oo'oo
ROUTING: Dept. Dlrector, COntractor, Purchaslng Manager, Clty Manager, Purchaslng Manager
DATE OF ISSUANCE: November 27,2018
OWNER: CITYOF TAMARAC
7525 NW 88rh Avenue
Tamarac, FL 33321-2401
Ec
OriglnalGontaot TimeOriglnal Contraol Prioo
$ 142,000.00
Previous Change Order No. 1 to No.
$ 14.900.00
Net Change From Previous Change Orders
Contract Price Prlor To This Change Order
$ 151.750.00
Contract Time Prior To This Change Order
Net (lncrease) Of This Change Order
$ 13.500.00
Net (lncrease) Of This Change Order
Contract Price With AllApproved Change Orders
$ 170,400.00
Contract Time With All Approved Change Orders
BY
Date z
Ma
Date \ \'
TR 13219 - Exhibit 2
EnvlroDesionAssoclates-"*
www-anvdesign.com
November 19,2018
Attn: Mr. Jack Strain
Director, Public Services Department
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 3332I-2401
RE NATURAL ATTENUATION MONITORING
COLONY WEST HOTEL & CHAMPIONSHIP COURSE
6800 NW 88th Ave, Tamarac, Florida (EDA Proposal No. 18152)
@roward County EAR License No. 1287)
EDA Proposal No. 18152
Dear Mr. Strain:
EnviroDesign Associates, Inc. (EDA) is pleased to present this proposal for Natural Attenuation
Monitoring for the Colony West Colony West Hotel & Championship Course (Site). The work is
being completed on behalf of the City of Tamarac (Client). The Colony West Hotel &
Championship Course Site comprises approximately 156.25 acres of "S-1 Recreation" zoned
property located at 6800 NW 88th Ave, Tamarac, Florida (Site). The purpose of this investigation
is to provide four quarters of groundwater quality monitoring associated with the recommendations
for conditional closure by 62-780.680 (3) Risk Management Options Level III - A No Further
Action with institutional controls.
SCOPE OF SERVICES
Task A - Well Installation
Purpose - Install additional monitoring wells for Quarterly Groundwater Monitoring Program.
l8 I 52_Colony West NAIvI
298 Pineapple Grove Way o Delray Beach, Florida 33444
Phone (S6r) 274-65o,0 i 016 Fax (S6r) 274'8558
Day s 2s0Utilitv Locate (Coordinate with Sunshine State One Call)s 2so t
7 Dav 5 2,250Provision of Geoprobe 5 2,250
3 ea s 4s0Provision of well permits (includes admin)s 1s0 S 2,8s0S gso 3 ealnstall groundwater monitoring wel I
hour S r,roos 14s 8Professional Geologist
hour s 880Envi ronme ntal Technici an s 110 8
S 7,840.00Total well lnstallation
Task A - Well lnstallation Rate No. U nits Total
hour S r,asoProfessional Geologist s 14s 10Sno10 hour s 1,100Envi ron me ntal Technician 5 zzsProvision of groundwater samplins eouioment S zzs 7 ea SsoConsumablesSso7ea
Groundwater Monitoring Tota! Sll,ltfl).fi)
2.825sG roundwater Monitorins (Per rl
Task B - Quarterly Groundwater Monitoring (per quarter) Rate No. U nits Total
TR 13219 - Exhibit 2
Task B -Groundwater Monitoring
Task C - Laboratory Analyses
Task D - Report Preparation
Grand Total: $30,280.00
CONTINGENCIES
o Restoration of incidental damage from Site Assessment, Drilling, and Testing (such as, but
not limited to Landscaping and Irrigation Damage) will be the responsibility of the client.
. Additional testing may be warranted based on the findings of this investigation. Any
additional testing will be completed under separate cover.
Cost does not include installation of intermediate depth groundwater monitoring well for
evaluation of petroleum groundwater impacts.
Any additional testing not described in this scope of work will be provided under separate
cover.
Remediation costs, excavation, soil removal and replacement, are to be completed under a
separate agreement and are not included in this Scope of Work.
a
a
a
Golf Course Maintenance Facility Area
EDA Proposal No. 180824
November 19,2018
Ssgs.ooArsenic6020lGWS4s.ool Blea
laUoratowenaUset (P S585.m
LaboratoryAnalyses Total: S2,!ltlO.m
Task - C Laboratory Analyses EPA Test Method Matrix Rate No. Units Total
ea S s,ssoQuarterlv Report s 1,es0 3
S 2.9s0 1 ea 5 2,950Annual Report
Total S aaoo
Task D - Report Preparation Rate No. U nits Total
@r#ffiq*':2ofo
TR '13219 - Exhibit 2
ADDITIONAL SERVICES:
Estimated fee does not include disposal cost of investigative derived waste. If warranted, 55-
gallon drums will be provided atarate of $75 per drum. Laboratory disposal analysis and disposal
costs to be provided under a separate agreement.
Services not specifically identified within this scope of services may be approved by the Client on
an as-needed basis and will be invoiced in accordance with the attached hourly rate schedule or
under a separate fixed-fee agreement. Such services would include, but are not limited to, utility
location and/or coordination, additional soils and/or groundwater evaluation, and storing on-site
and disposing of investigative derived wastes.
LIMITATIONS
The proposed scope of work is based on a reasonable level of investigation within normal bounds
and standards of professional practice for a property in this particular geographic and geologic
setting. The findings of this investigation are not intended to serve as an audit of health and safety
or compliance issues pertaining to improvements or activities on-site. While every effort was made
to sample in representative and suspect locations, we are not able to guarantee or walrant that all
impacted soil and/or groundwater will be discovered. This assessment is not considered to be a
complete assessment of soil and groundwater contamination at the subject property. Unknown
conditions may exist in areas of the site not tested as part of this investigation. EDA is not
responsible or liable for the discovery and elimination of hazards that may potentially cause
damage, accidents, or injuries.
All observations and conclusions pertaining to environmental conditions at the subject property
are necessarily limited to conditions observed and or material reviewed at the time this study was
undertaken. No other warrant5z, expressed, or implied is made with regard to the conclusions
presented within this report. This report is provided for the exclusive use of The City of Tamarac.
This report is not intended to be used or relied upon in connection with other projects or by other
unidentified third parties without express written consent of EDA. The use of this report by any
undesignated third party or parties will be at such party's sole risk and EDA disclaims liability for
any such third party use or reliance.
We appreciate the opportunity to offer our professional services. Please feel free to call to discuss
the proposal in detail once you have had a chance to review.
Sincerely yours,
E nviroD esign As s o ciates, In c.
<*-,-fLi
-S6t
E. Wehmeyer, P.G.
Senior Project Manager
EnvlroDcrlonAssoclates-r,.
w.onvdoslgn.com
Golf Course Maintenance Facility Area
EDA Proposal No. 18082A
November 19,20183 of 6
TR 13219 - Exhibit 2
Authorization to Proceed
EnviroDesign Associates, Inc. (EDA) is hereby authorized to proceed with Tasks as described
herein, for the estimated total of $301280.00. A 25yo draw upon issue of the purchase order is
required upon inception of this agreement and the remaining balance will be invoiced monthly on
an as completed basis. Final payment is due upon completion of the investigation and delivery of
the report to the client. Standard Terms and Conditions are attached and are hereby made a part of
this Agreement by reference.
CLIENT CORP:
I hereby authorize EDA to commence with the work and terms described herein, and hereby
certi$ that:
Name (sign):
Name & Title:
Name (sign):
Name & Title:
ENVIRODESIGN ASSOCIATES, INC.
Date:
Date:
PRINCIPAL $2s0
EXPERTWITIIESS $2s0
PROFESSIONAL ENGINEER/PROFESSIONAL GEOLOGIST $145
STAFF ENGINEER OR GEOLOGIST $125
FIELD OR EI\TVIRONMEI{TAL TECHNICIAN $l l0
COMPUTER DRAFTING/PLOTTING $8s
CLERICAL $4s
R.\I't_POSr'ilO\
EnvlroDolonAssoclrba-r*
Golf Course Maintenance Facility Area
EDA Proposal No. 18082A
November 19,2018
m.oftdelon.con
4 of 6
STANDARD TER]VIS AND CONDITIONS TR 13219'Exhibit 2
FOR THE PROVISION OF ENVIRONMENTAL SERVICES
l. GENERAL. current owner. Within five (5) days of the date of execution of this
a.As used in this and any related conhact documen! "EDA," Agreement, client agrees to provide EDA with all relevant
"Consultant", "we," or "us" refers to EnviroDesign Associates, Inc. information, which relates to the site or its present or former uses,
and its officers, employees, and agents. "You", "Client", or "Owner" including but not limited to:
refers to the party or paxties conhacting with EDA. "Agreement" i. Boundary lines and existing site plans;
refers to these "Standard Terrns and Conditions" and the ii. Historical information as to prior owners and occupiers
accompanying proposal ("Proposal"). "Site" refers to any and all of of the site and their activities, including information in the relevant
the sites upon which EDA is to perform services under this land records;
Agreement. "Contractor" refers to every third party contracting with iii. Location of utilities, underground tanks, and other
Client to perform work or services or fumish materials at the site. structures, and all available plans of the site;
d;".3*, "'r:ff":: ffitoiL:ffiff,.-#"""#T:#'*# hazardous:l;ff.1ffi;,HTjY;,1",,?fiJill3*fi,ffi:"ffi:ielect, and not necessarily in the order in which services are described near the site;in the Agreement.
c. EDA shall not be obligated to perform any task reronj t\1 ,ro ."r'r;fl'"r"t*Y:;lfii":il:T::i}ffiTff|!L:'d'*Scope of Services ("Services") set forth in the Agreem:I ,Il i'ir"r-ap."paredbyotherlicensedprofessionals.additional services are undertaken at client's request,
^including"
bu^t -'b.
client will arrange for EDA, its agents and representatives, tonot limited to updating or revising plans undertaken as oart of the . :
services, or if litigation services, expert, or other witne;J#;;;il obtain prompt access and safe access to the site and buildings thereon
provided in any iourt, administrative, or arbitrar *J;o*'i*.,*; $J,'.::]"lr 31,.Tf,:"*1"*:lhjy:lt*:1,j"J3TT:; :l#:expressly contemplated as part olthe services), Client asrees to oav "-',:::^_.'-.::_ ^^"^..-"^_::: ^
at EDA,s hourly rate schedule, for all services p.ouia.a, ii.iuil;ffi satisfactory written assurances from the owner ot the slte as to access
not limited to review of documents, preparation,
,,,n..lil'"Ji, and permission to perform the services'
attomey, attendance at depositions or trial, -d "r;-;;;;i ;; c. Under circumstances in which services include subsurface
associatedtherewith. explorations, Client acknowledges that the use of exploration
d. If included in the services, EDA will assist Client in applying for equipment may alter or damage the terrain' vegetation' structures'
permits, certificates, or other oflicial approv"lr f". il;I;i";;;i improvements' or other property at the site and hereby knowinglv
will not be responsible for obtaining same *d ;"i,;. ; accepts that risk. Provided EDA uses reasonable care, EDA shall not
representations or guaxantee that they will be granted or-irrrr;-" "' be, liable for such alteration or damage to or interference with any
e. The possibility that EDA,s opinion may be ain:.r.ii r.o- subterranean structure, pipe, tank, cable, or other element or
client,s expectations will not be a basis for client ;ril;ffi;;;, :ordition whose nature and location are not called to EDA's attention
portion of EDA's compensation or asserting u"y "l"i*;;;t"'i;;.
in writing prior to the commencement of exploration'
Client acknowledges that EDA's staffincludes professionals who are 5. LABORATORIES, SUBCONSULTANTS, AND OTIIER
obligated by law and/or accepted ethical standards to apply their THIRD PARTIES.
professional judgment, and that such judgment may not necessarily If requested or agreed by the Owner, EDA may recommend that
coincide with maximizing Client's expectations or hnancial retum. Client engage the services of laboratories, subconsultants, or other
f. EDA may render opinions but will not render a legal opinion and third-parties to perform suitable aspects of the services. Payment to
shall not be held responsible or liable for its good faith interpretation these third-parties will be made directly by the Owner. EDA may
of laws, statutes, ordinances, orregulations. recommend the use of such third-parties with reasonable care but
2. STAI{DARD OF CAR-,. does not guarantee their services and shall not be liable for their
Services will be performed in accordance with generally accepted errors' omissions' or negligence'
professional practice and standards at the time and place services are 6. TERIIINATION.rendered. a. In the event Client elects to cease any further work or services
3. ,A'MENT. being performed by EDA in connection with the subject contract,
a. EDA will render invoices to client monthly and payment is due uTitten notification of client's request to cease further work must be
upon receipt of the invoice. EDA will not release *p"lrr, l.r*i"gr, received by EDA' client hereby agrees to pay for all services
specifications, or other work product until all "rtrt;;;;;;;;-f;
performed and related expenses incurred through the business dav on
have been paid in full. EDA's compensation is ,"t ."rrir?# rp", which written notice of termination is received' plus any amount
client,s success in client,s project, client,s "uiiiry
--i"--luLil reasonably expended beyond that date to cease services in a prompt,
Iinancing or any govemment approval, or upon *y oit". "."ai,i""
safe, and professional manner'
other than that which may specifically be provided for in the --b. If Client or any party sharing a direct or indirect interest with
Agreement. Client in the services, project, or land thereunder, is in default under
b.All payments shall be in govemed by, and in accordance with, the this agreement or any other contact with EDA' we may cease
provisions of the Local Government prompt payme;;;,, ii;rti; services and/or terminate this Agreement and any or all other
-Stutut"r,
Part VII, Chapter 218. If Client's account is referred to an contracts'
attomey or collection agent, independent of whether legal action is 7. RISK ALLOCATION PROVISIONS.
hled, Client shall be obligated to pay EDA, in addition to all other Client shall be responsible and liable and defend EDA and its
sums due, reasonable attomeys' fees and all costs of collection subconsultants and consultants from and against all claims,
including but not limited to costs of mediation, depositions (whether damages, losses, expenses, attomey's fees and costs (collectively
utilized in court or not), filing fees, and expert witness fees. If "Claims"), whether direct or indirec! including but not limited to
Client's account is delinquen! EDA may unilaterally elect to cease any claim against EDA arising from the acts, omissions or work of
providing services at any time, and EDA shall be ielieved of any the Client, which are determined to be a breach of the agreement,
further'olligation which it may otherwise have under this Agreemeni. or gross negligence on the part of the Client. Nothing herein shall
4. sITE; owNER,s RES,.NSIBILITIES. constitute a waiver of sovereign immunity to which client may be
a. Upon execution of this Agreement, client agrees to provide entitled pursuant to $768'28' Florida Statutes'
EDA with a legal description of the site and the full name of its Initial Here:
5ofo
EDA shall be responsible and liable and defend Client and its
subconsultants and consultants from and against all claims, damages,
losses, expenses, attomey's fees and costs (collectively "Claims"),
whether direct, or indirect,, including but not limited to any claim
against Client arising from the acts, omissions or work of EDA,
which are determined to be a breach of the agreement, or gross
negligence on the part of the EDA.
8. IIAZARDOUS SIIBSTANCES
Except as may be specifically provided in the Scope of Services,
EDA shall have no obligation to uncover or provide any services
relating to hazardous substances, known or unknown, that may be on
the site. EDA is not, and has no responsibility as a handler,
generator, operator, treater, storer, tansporter, or disposer of
hazardous substances or toxic substances. Client will be responsible
for the handling, removal, treament, storage, hansportation, and
disposal of all hazardous substances found or identified at the site, or
in connection with the Services rendered.
9. SUBSIIRT'ACE RJSKS,
The Owner recognizes that special risks arise whenever
environmental or related disciplines are applied to identify subsurface
conditions. Even a comprehensive sampling and testing program,
implemented with the appropriate equipment and experienced
personnel under the direction of a tained professional who functions
in accordance with a professional standard of practice, may fail to
detect certain hidden conditions. Similarly, proper laboratory and
sampling procedures can sometimes produce false positive results.
The passage of time also must be considered, and the Owner
recognizes that, due to natural occurrences or direct or indirect
human intervention at the Site or the surrounding curtilage, actual
conditions may quickly change. The Owner realizes these risks
cannot be completely eliminated but certain techniques may be
applied to help reduce them to a level which may be tolerable to the
Owner. EDA is available to explain these risks and risk reduction
methods to the Owner but, in any event, the Services included in this
Agreement are those which the Owner agreed to or selected given his
or her own risk threshold and other considerations.
10. OWNERSHIP AI{D REUSE OF DOCUMENTS.
All documents including drawings or specifications prepared or
fumished by EDA pursuant to this Agreement are instruments of
service and considered work product, with respect to the project, and
EDA shall retain an ownership and property interest therein,
independent of whether the project is started or completed. The
Owner may make and retain copies for reference in connection with
the use and occupancy of the project by the Owner and others,
however, such documents are not intended to be relied upon for reuse
by the Owner or others on extensions ofthe project or on any other
project. Any use for a purpose not intended by EDA and any reuse
without written consent and adaptation by EDA for the specific
purpose intended, will be at the Owner's sole risk and without
liability to EDA, and the Owner shall indemnifr and hold harmless
EDA from all claims, damages, losses, and expenses including
attorneys' fees arising out of or resulting from any unauthorized use.
Any necessary verification or adaptation will entitle EDA to further
compensation at EDA's hourly rate schedule as it may be adjusted
from time to time.
ll. BINDING; wAIvER.
The Agreement is binding upon and shall operate to the benefit of
the Client, EDA, and their respective representatives, successors, and
assigns. No failure to enforce any part of the Agreement shall
operate as a waiver, render any part of the Agreement invalid, or
impair the right to enforce that or any part of the Agreement in the
future.
12. GO!'ERr\ING LAW; FORUM.
This Agreement shall be constructed in accordance with the laws
of the State of Florida. Subject to any arbitration agreement they
TR 13219 - Exhibit 2
may have, the parties agree to the exclusive jurisdiction ofthe state
and federal courts in Florida with respect to disputes arising between
them.
I 3. IN'DEPEN'DENT CONTRACTOR.
In performing any services pursuant to the contract, EDA is any
independent contractor, and not an employee, agent, partner, orjoint
venturer ofthe Owner.
14. MODIFICATIONS; PRECEDENCE; ENTIRE
AGREEMENT.
The terms and conditions of this Contract may be modified, only if
in writing, and executed by an oflicer of EDA. Otherwise these
terms and conditions shall take precedence over all inconsistent or
contradictory provisions or representations, oral or written. This
Agreement is the entire exclusive understanding of the parties and
supersedes all prior representations.
I5. SEVf,RABILITY.
If any provision of this Agreement shall be frnally determined to
be invalid or utenforceable in whole or in part, the remaining
provisions hereof shall remain in full force and effect, and be binding
upon the parties hereto. The parties agree to reform or re-execute this
Agreement to replace any such invalid or unenforceable provision
with a valid and enforceable provision that accomplishes the
intentions ofthe parties insofar as it relates to the stricken provision.
16. SURVIVAL.
This Agreement shall survive the completion, temporary
suspension of Services, and the termination of this Agreement.
6of6
Initial Here:
TAMARAC
Tlr. C tt tLr Yrur LlleP!!v-ol Tamarac Purchasinq and Division
CHANGE ORDER
CONTRACTOR: EnviroDesign, lnc.
CHANGE ORDER NO.4
PROJECT NAME: Colony West Site Assessment n
RePort / Remedial Action Plan
BlD NO. N /A
PROJECTNO. GC17A
P.O. NUMBER;210515
IN COMPLIANCE WITH SPECIFICATIONS lN THE ABOVE REFERENCED CONTRACT. THE CONTRACTORAND THE CITY DO BOTH
HEREBYAGREETHATTHE CONTRACTORSHALL MAKETHE FOLTOT^/ING CHANGES,ADDITIONS OR DELETIONSTOTHEWORK
SPECIFIED IN THE PLANS AND SPECIFICANONS:
DESCRIPTION: Per Boward County EDP, addilional assessment data k b€ing requestod at tho Colony W63t Hotel Plojacl
PURPOSE OF CI-IANGE ORDER: lncluding, lnstatlation of additional grounduvater monitorlng wells and quarterly monitorlng.
CHANGE IN CO CHANGE IN CONTRACT TIME
Account No(s) Affected' Amount Affected
450-7099-572.31-00 $ 35,280.00
ROUTING: Dept. Dlrector, Gontractor, Purchasing Manager, City Manager, Purchaslng Manager
DATE OF ISSUANCE: November 27,2018
OWNER: CITY OF TAMARAC
7525 NW 88th Avenue
Tamarac, F L 33321 -240'l
F(AIJ I FF(lt
Original Contract Price
$ 142.000.00
Original Contact Time
Previous Change Order No. 1 to No.
$ 28.400.00
Net Change From Previous Change Orders
Contract Price Prior To This Change Order
$ 170.400.00
Contract Time Prior To This Change Order
Net (lncrease) Of This Change Order
$ 35.280.00
Net (lncrease) Of This Change Order
Contract Price With All Approved Change Orders
$ 205.680.00
Contract Time With All Approved Change Orders
BY
Date /Dater-t5--lClty