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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