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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 Page 2 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 1 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 Page 4 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. Initial Here: 5of6 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. Initial Here: