HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-130Temp. Reso. # 13035
December 13, 2017
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, TO APPROVE PROPOSAL BY
ENVIRODESIGN ASSOCIATES, INC. ("EDA") FOR INTERIM
SOURCE REMOVAL OF ARSENIC IMPACTED SOILS AT
COLONY WEST HOTEL SITE, LOCATED AT 6800 NW 88T"
AVENUE IN AN AMOUNT NOT TO EXCEED A CONTRACT
COST OF $142,000.00, A CONTINGENCY IN THE AMOUNT
OF $28,400.00 WILL BE ADDED FOR A PROJECT TOTAL
NOT TO EXCEED $170,400.00; AND TO AUTHORIZE THE
APPROPRIATE CITY OFFICIALS TO EXECUTE
PROCUREMENT AND IMPLEMENTATION OF SAID
PROPOSAL; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; 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 report/study 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
Temp. Reso. # 13035
December 13, 2017
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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 proper removal and relocation of impacted soils; and
WHEREAS, the Public Works Director and Financial Services Director recommend
approval of EDA Proposal No. 17145 for the development of an Interim Source Removal
Plan (ISRP) and excavation and relocation of the arsenic impacted soils per the ISRP, a
copy of the Proposal is included herein as Exhibit "'I", 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 EDA
Proposal No. 17145, and to authorize the appropriate City Officials to execute
procurement and implementation of said Proposal in an amount not to exceed a contract
cost of $142,000.00 a contingency in the amount of $28,400.00 will be added for a project
total not to exceed $170,400.00
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
1
n
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Temp. Reso. # 13035
December 13, 2017
Page 3
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. All exhibits attached hereto and referenced herein are incorporated and made
a specific part of this Resolution.
SECTION 2: The approval and execution of EDA Proposal No. 17145, is
HEREBY approved.
SECTION 3: The appropriate City Officials are HEREBY authorized to
implement EDA Proposal No. 17145, and expenditure in an amount not to exceed the
contract cost of $142,000.00 a contingency in the amount of $28,400.00 will be added for
a project total not to exceed $170,400.00, for said purpose, is HEREBY approved.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If 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.
SECTION 6
passage and adoption.
Temp. Reso. # 13035
December 13, 2017
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This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this ! -3 day of �'' 2017.
HARRY DRESSLER
MAYOR
ATTEST:
PATRICIA TEU EL, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: V/M GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
F
�P"�SAMIJEL S. GO EN
CITY ATTORNEY
I
TR 13035 - Exhibit 1
EnviroDesign
AssociatesenWesigrixom
November 8, 2017
City of Tamarac
6011 Nob Hill Road
Tamarac, FL 33321-6200
Attn: Jack Strain, P.E.
Director, Public Services Dept.
Re: INTERIM SOURCE REMOVAL — ARSENIC IMPACTED SOILS
Colony West Hotel Property, 6800 NW 88th Avenue, Tamarac, Florida 33410
(EDA Proposal No. 17145)
EnviroDesign Associates, Inc. (EDA) presents this proposal for Interim Source Removal activities
at the Colony West Hotel Property located at 6800 NW 88th Avenue, Tamarac, Broward County,
Florida (Site). Environmental investigations have documented the presence of elevated levels of
Arsenic in the soils at the hotel property at concentrations above the residential direct exposure
criteria as defined in Chapter 62-777 FAC. The enclosed proposal is for the excavation and
relocation of Arsenic impacted soils from the hotel building footprint to the soil disposition area
near Colony West Championship Course, Hole #10. As such, we present the following:
SCOPE OF SERVICES
Task A — INTERIM SOURCE REMOVAL PLAN
Prepare an Interim Source Removal Plan (ISRP) using soil and groundwater data collected from
the Site Assessment Report field work completed to date. The ISRP will be submitted to David
Vanlandingham, with the Broward County Environmental Protection and Growth Management
Department (EPGMD) for subsequent review and approval.
Lead time: The Interim Source Removal Report can be completed in 20 business days from
acceptance of this agreement. Broward County has up to 30 days to review and approve the ISRP
or request additional information.
TASK A: $3,500.00
Task B — INTERIM SOURCE REMOVAL
• Underground utilities will be located by Sunshine State One Call and/or the owner.
• Provide Oversight and Agency Coordination.
• Procure the excavation permit (City of Tamarac Permit fees by owner).
• Provide 500' of 6' construction fence for 60 days from start of project.
• Provide on -site or on -road soil transportation and tipping from hotel area to Hole # 10.
• Provide confirmatory laboratory testing for total Arsenic in approximate 2-foot vertical and
20-foot horizontal increments in the perimeter of excavated areas.
0:\PROPOSALS\2017\17145_Colony West Source Removal 2017rl.docx
298 Pineapple Grove Way • Delray Beach, Florida 33444
Phone (561) 274-65oo Fax (561) 274-8558
1 of 6
TR 13035 - Exhibit 1
• This scope and pricing anticipates the application of the statistical 95% Upper Confidence
Limit method to return acceptable mean average values for Arsenic detection in areas of
testing (as applicable).
• EDA to leave the excavation open pending confirmatory analytical results. Additional
excavation in excess of 1,000-tons to be provided as detailed below.
• Shoring not included (given scope of work, not anticipated with 6-foot maximum).
• Per client request we will have slopes no greater than 2 to 1, which may or may not be
stable over extended periods of time.
• EDA assumes the area of excavation is free of pavement.
• EDA is not responsible for any utility not identified inside the area of excavation prior to
the excavation activities.
• No compaction tests are included.
• EDA has NOT included the replacement of landscaping or pavement.
• Preparation of Interim Source Removal Report (ISRR), certified and sealed by a Florida
Licensed Professional Engineer or Geologist, summarizing all field activities and include
all disposal documentation and laboratory analytical results.
Lead time: EDA and its subcontractors require a minimum of 15 business days to schedule
construction contingent upon approval of permits by City of Tamarac and Broward County
Environmental Protection and Growth Management Department.
Owner's Requirements:
♦ Locate and mark water utility crossing excavation area.
♦ Clear work area for staging of soils and construction equipment.
♦ Provide adequate area for heavy equipment, soil staging, loading as depicted in attached
Figure - 1.
TASK B: $138,500.00
GRAND TOTAL (TASK A & B): $142,000.00
Additional fees: EDA's lump sum cost to complete above scope of work is $142,000.00. If
additional `carvings' are required, an added cost of $3,750/day is required. On -site staging of soils
on Emil visqueen in parking area and subsequent relocation to receiving area subject to additional
fee of $3000.00. Any variations to the schedule, scope of work, or site description may require a
modification of the cost estimate.
CONTINGENCIES
Actual excavation depth will be predicated on the stability of the soils, equipment limitations and
similar variables. EDA may require access to existing asphalt -paved parking areas for soil staging
during the excavation and removal process. Confirmatory soils testing will be based on the
statistical 95% Upper Confidence Limit Method. (i.e. we cannot guarantee that 100% of the area
will be left with Arsenic levels less than the residential direct exposure soil cleanup target level of
2.1 mg/Kg, as defined in Chapter 62-777 FAC).
November 8, 2017
EnviroDesign Interim Source Removal
Associates ma 2 of 6 Colony West Hotel Property
www.envdestgn.com EDA Proposal No. 17145
TR 13035 - Exhibit 1
The proposed Scope of Work does not include supplemental testing that may be required to
evaluate environmental conditions not covered in this investigation. These services, if necessary,
will be completed under separate cover.
ADDITIONAL SERVICES:
Estimated fee does not include disposal cost of investigative derived waste. If warranted, 55-
gallon drums will be provided at a rate 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 warrant 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 warranty, 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,
EnviroDesign Associates, Inc.
Scot E. Wehmeyer, P.G.
Senior Project Manager
rANovember 8, 2017
EnviroDesign Interim Source Removal
Associates ino 3 of 6 Colony West Hotel Property
www.envdesign.com EDA Proposal No. 17145
TR 13035 - Exhibit 1
Authorization to Proceed
EnviroDesign Associates, Inc. (EDA) is hereby authorized to proceed with Tasks as described
herein, for the estimated total of $142,000.00. A 25% 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.
2017 HOURLY RATE SCHEDULE
POSITION
EXPERT WITNESS ....................................................
PRINCIPAL.................................................................
PROFESSIONAL ENGINEER/GEOLOGIST............
STAFF ENGINEER / STAFF SCIENTIST .................
FIELD OR ENVIRONMENTAL TECHNICIAN.......
COMPUTER DRAFTING/PLOTTING ......................
CLERICAL..................................................................
RATE
........................... $250
........................... $185
........................... $145
........................... $125
........................... $110
............................. $85
............................. $45
CLIENT CORP:
I hereby authorize EDA to commence with the work and terms described herein, and hereby certify
that:
1. I am the owner of the real property which is the subject matter of this Agreement, (or)
2. The following is/are the owner(s) of the subject real property. (Provide names & addresses)
Name (sign):
Name & Title:
ENVIRODESIGN ASSOCIATES, INC:
Name (sign):
Name
Title:
Date:
Date:
November 8, 2017
lEnviroDesign Interim Source Removal
Associates mc. 4 of 6 Colony West Hotel Property
mmewdesign.com EDA Proposal No. 17145
STANDARD TERMS AND CONDITIONS TR 13035 - Exhibit 1
FOR THE PROVISION OF ENVIRONMENTAL SERVICES
L GENERAL.
a.As used in this and any related contract document, "EDA,"
"Consultant", "we," or "us" refers to EnviroDesign Associates, Inc.
and its officers, employees, and agents. "You", "Client", or "Owner"
refers to the party or parties contracting with EDA. "Agreement"
refers to these "Standard Terms and Conditions" and the
accompanying proposal ("Proposal"). "Site" refers to any and all of
the sites upon which EDA is to perform services under this
Agreement. "Contractor" refers to every third party contracting with
Client to perform work or services or furnish materials at the site.
b. EDA agrees to perform services in accordance with the
Agreement. Services may be performed in any order as EDA may
elect, and not necessarily in the order in which services are described
in the Agreement.
c. EDA shall not be obligated to perform any task beyond the
Scope of Services ("Services") set forth in the Agreement. If
additional services are undertaken at Client's request, including but
not limited to updating or revising plans undertaken as part of the
services, or if litigation services, expert, or other witness testimony is
provided in any court, administrative, or arbitral proceeding (unless
expressly contemplated as part of the services), Client agrees to pay
at EDA's hourly rate schedule, for all services provided, including but
not limited to review of documents, preparation, meeting with
attorney, attendance at depositions or trial, and any travel time
associated therewith.
d. If included in the services, EDA will assist Client in applying for
permits, certificates, or other official approvals for the project but
will not be responsible for obtaining same and makes no
representations or guarantee that they will be granted or issued.
e. The possibility that EDA's opinion may be different from
Client's expectations will not be a basis for Client withholding any
portion of EDA's compensation or asserting any claim against EDA.
Client acknowledges that EDA's staff includes professionals who are
obligated by law and/or accepted ethical standards to apply their
professional judgment, and that such judgment may not necessarily
coincide with maximizing Client's expectations or financial return.
f. EDA may render opinions but will not render a legal opinion and
shall not be held responsible or liable for its good faith interpretation
of laws, statutes, ordinances, or regulations.
2. STANDARD OF CARE.
Services will be performed in accordance with generally accepted
professional practice and standards at the time and place services are
rendered.
3. PAYMENT.
a. EDA will render invoices to Client monthly and payment is due
upon receipt of the invoice. EDA will not release reports, drawings,
specifications, or other work product until all outstanding invoices
have been paid in full. EDA's compensation is not contingent upon
Client's success in Client's project, Client's ability to obtain
financing or any government approval, or upon any other condition
other than that which may specifically be provided for in the
Agreement.
b.All payments shall be in governed by, and in accordance with, the
provisions of the Local Government Prompt Payment Act, Florida
Statutes, Part VII, Chapter 218. If Client's account is referred to an
attorney or collection agent, independent of whether legal action is
filed, Client shall be obligated to pay EDA, in addition to all other
sums due, reasonable attorneys' fees and all costs of collection
including but not limited to costs of mediation, depositions (whether
utilized in court or not), filing fees, and expert witness fees. If
Client's account is delinquent, EDA may unilaterally elect to cease
providing services at any time, and EDA shall be relieved of any
further obligation which it may otherwise have under this Agreement.
4. SITE; OWNER'S RESPONSIBILITIES.
a. Upon execution of this Agreement, Client agrees to provide
EDA with a legal description of the site and the full name of its
current owner. Within five (5) days of the date of execution of this
Agreement, client agrees to provide EDA with all relevant
information, which relates to the site or its present or former uses,
including but not limited to:
i. Boundary lines and existing site plans;
ii. Historical information as to prior owners and occupiers
of the site and their activities, including information in the relevant
land records;
iii. Location of utilities, underground tanks, and other
structures, and all available plans of the site;
iv. The name, quantity, location, and date of release of
hazardous substances known or believed to have been released at or
near the site;
v. Any other information reasonably requested by EDA.
EDA may rely on surveys and other documents provided by the
owner and prepared by other licensed professionals.
b. Client will arrange for EDA, its agents and representatives, to
obtain prompt access and safe access to the site and buildings thereon
as required at reasonable times throughout performance of the
services. If Client is not the owner of the site, EDA may require
satisfactory written assurances from the owner of the site as to access
and permission to perform the services.
c. Under circumstances in which services include subsurface
explorations, Client acknowledges that the use of exploration
equipment may alter or damage the terrain, vegetation, structures,
improvements, or other property at the site and hereby knowingly
accepts that risk. Provided EDA uses reasonable care, EDA shall not
be liable for such alteration or damage to or interference with any
subterranean structure, pipe, tank, cable, or other element or
condition whose nature and location are not called to EDA's attention
in writing prior to the commencement of exploration.
5.LABORATORIES, SUBCONSULTANTS, AND OTHER
THIRD PARTIES.
If requested or agreed by the Owner, EDA may recommend that
Client engage the services of laboratories, subconsultants, or other
third -parties to perform suitable aspects of the services. Payment to
these third -parties will be made directly by the Owner. EDA may
recommend the use of such third -parties with reasonable care but
does not guarantee their services and shall not be liable for their
errors, omissions, or negligence.
6. TERMINATION.
a. In the event Client elects to cease any further work or services
being performed by EDA in connection with the subject contract,
written notification of Client's request to cease further work must be
received by EDA. Client hereby agrees to pay for all services
performed and related expenses incurred through the business day on
which written notice of termination is received, plus any amount
reasonably expended beyond that date to cease services in a prompt,
safe, and professional manner.
b. If Client or any party sharing a direct or indirect interest with
Client in the services, project, or land thereunder, is in default under
this agreement or any other contract with EDA, we may cease
services and/or terminate this Agreement and any or all other
contracts.
7. RISK ALLOCATION PROVISIONS.
Client shall be responsible and liable and defend EDA and its
subconsultants and consultants from and against all claims,
damages, losses, expenses, attorney's fees and costs (collectively
"Claims"), whether direct or indirect, including but not limited to
any claim against EDA arising from the acts, omissions or work of
the Client, which are determined to be a breach of the agreement,
or gross negligence on the part of the Client. Nothing herein shall
constitute a waiver of sovereign immunity to which Client may be
entitled pursuant to §768.28, Florida Statutes.
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EDA shall be responsible and liable and defend Client and its
subconsultants and consultants from and against all claims, damages,
losses, expenses, attorney'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. HAZARDOUS SUBSTANCES
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, transporter, or disposer of
hazardous substances or toxic substances. Client will be responsible
for the handling, removal, treatment, storage, transportation, and
disposal of all hazardous substances found or identified at the site, or
in connection with the Services rendered.
9. SUBSURFACE RISKS.
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 trained 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 AND REUSE OF DOCUMENTS.
All documents including drawings or specifications prepared or
furnished 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 of the 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 indemnify 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.
11. 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. GOVERNING LAW; FORUM.
This Agreement shall be constructed in accordance with the laws
of the State of Florida. Subject to any arbitration agreement they
TR 13035 - Exhibit 1
may have, the parties agree to the exclusive jurisdiction of the state
and federal courts in Florida with respect to disputes arising between
them.
13. INDEPENDENT CONTRACTOR.
In performing any services pursuant to the contract, EDA is any
independent contractor, and not an employee, agent, partner, or joint
venturer of the Owner.
14. MODIFICATIONS; PRECEDENCE; ENTIRE
AGREEMENT.
The terms and conditions of this Contract may be modified, only if
in writing, and executed by an officer 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.
15. SEVERABILITY.
If any provision of this Agreement shall be finally determined to
be invalid or unenforceable 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 of the 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.
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