R12-040 II
1 RESOLUTION NO. R12 -(Y-(O
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A CONSULTANT
5 AGREEMENT BETWEEN THE CITY OF BOYNTON
6 BEACH AND A -C -T ENVIRONMENTAL &
7 INFRASTRUCTURE, INC., OF BARTOW, FLORIDA
8 FOR "ENVIRONMENTAL ENGINEERING
9 CONSULTING SERVICES FOR THE LINKS GOLF
10 COURSE" RFQ #043 - 2911 -12 /TWH IN THE AMOUNT
11 OF $80,000; AUTHORIZING THE INTERIM CITY
12 MANAGER TO EXECUTE AN AGREEMENT
13 BETWEEN THE PARTIES; AND PROVIDING AN
14 EFFECTIVE DATE.
15
16
17 WHEREAS, on April 12, 2012, the City Commission approved the list of top
18 ranking qualifiers identified by an Evaluation Committee from the responses received to
19 RFQ #043- 2911 -12 and authorized staff to negotiate with the top ranked qualifier; and
20 WHEREAS, upon recommendation of staff, the City Commission of the City of
21 Boynton Beach does hereby approve the Consultant Agreement between the City of
22 Boynton Beach and A -C -T Environmental & Infrastructure, Inc., of Bartow, Florida for
23 1 "Environmental Engineering Consulting Services for the Link's Golf Course" (RFQ #043-
24 } 2911 -12 /TWH) in the amount of $80,000.00; and authorizes the Interim City manager to
25 1 execute the Agreement.
,
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
27 ; OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
29 , as being true and correct and are hereby made a specific part of this Resolution upon
i I
30 ; adoption hereof.
31 Section 2. The City Commission of the City of Boynton Beach, Florida,
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1 hereby approves the Consultant Agreement for "Environmental Engineering Consulting
2 Services for the Links Golf Course" (RFQ #043 - 2911 -12 /THD) between the City of
3 Boynton Beach and A -C -T Environmental & Infrastructure, Inc., of Bartow, in the amount
4 of $80,000.00.
5 Section 3. The Interim City Manager is hereby authorized to execute a
6 Consultant Agreement for "Environmental Engineering Consulting Services for the Links
7 Golf Course" (RFQ #043 - 2911 -12 /THD) between the City of Boynton Beach and A -C -T
8 Environmental & Infrastructure, Inc., of Bartow, a copy of which is attached hereto as
9 Exhibit "A ".
10 Section 4. That this Resolution shall become effective immediately.
11 ! PASSED AND ADOPTED this II day of May, 2012.
12
13 CITY OF BOYNTON B ACH, FLORIDA
14
15 ) � ii
16 Mayor — Wot dr• . ' a
18
19 Vice ayo ,— M ck McCray
20 II (/
21 i t
22 Comm -. William Orlove
23
24
25 Commis lone S : ven Holzm.
26 ATTEST:
27
28 , Commissioner — Marlene Ross
29 � 1 . AziL.L&
30 et M. Prinito, MMC
31 ity Y p
32
33
34
35 (t • ora Seal) -0.
36 v
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CONSULTANT AGREEMENT FOR
"ENVIRONMENTAL ENGINEERING CONSULTING SERVICES FOR THE LINKS
GOLF COURSE"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City ", and A -C -T Environmental & Infrastructure, Inc. of Bartow,
Florida , hereinafter referred to as "the Consultant ", in consideration of the mutual
benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSULTANT services in connection with the project designated
"ENVIRONMENTAL ENGINEERING CONSULTING SERVICES FOR THE
LINKS GOLF COURSE"
1. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"A" attached hereto, including the provision of all labor, materials, equipment and supplies.
2. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant shall perform all services
and provide all work product required pursuant to this agreement by 107 calendar days
from the date written notice is given to proceed, unless an extension of such time is granted
in writing by the City.
3. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Consultant shall not exceed
$80,000.00 without express written modification of the agreement signed by the
City. Actual payments will be made based on actual hourly rate for hours worked by
staff, actual equipment used and actual subcontractor's payments plus any applicable
overhead costs.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
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e. The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request.
4. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
5. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
6. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
7. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence /aggregate for property damage, and professional liability insurance in the amount
of $1,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
8. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
9. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
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any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
10. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
11. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
12. NON - WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
13. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
14. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City Manager's Office
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 -0310
Notices to Consultant shall be sent to the following address:
R. Jeffrey Kincart
A -C -T Environmental & Infrastructure, Inc.
1875 West Main Street
Bartow, FL 33830
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16. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
DATED this /7 day of MAY
, 20I .
CITY OF BOYNTON BEACH A -C -T ENVIRONMENTAL &
INFRASTRUCTURE, INC.
f '
-t_
I ri City anager Consult.
T Y' j :
Attest /Authenticated: VICE- PRESIDENT
Title
W) • "• (Corporate Seal)
Ci Clerk
Approved as to Fo v : Attest /Authenticated:
Of
e of the ty Attorney Secretary
Rev 1 /22/91
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EXHIBIT "A"
Scope of Services
ENVIRONMENTAL ENGINEERING CONSULTING SERVICES FOR THE LINKS
GOLF COURSE
A Site Assessment Report will be prepared that includes a description of the soil and groundwater field
activities, sampling and analysis results, and a screening evaluation of the data. Analytical results from the
2008 ESA will be included in the report wherever the methods employed can be reconciled with the
requirements of FAC Rule 62 -780. The overall arsenic distribution in surface and subsurface soils will be
discussed and presented in figures. The soil data will be screened against the direct exposure -based Soil
cleanup Target Levels (SCTLs) and leachability SCTLs, and the groundwater data will be screened against
the Groundwater Cleanup Target Levels (GCTLs). If the sample - specific concentrations exceed the
SCTLs, the upper confidence limits (UCLs) will be used to determine site characterization and whether
current conditions are protective of the site user. Additionally, groundwater geophysical data will be
evaluated, and the analytical results of the groundwater data will be compared against the conservatively
protective GCTLs and presented in a figure. Based on these risk -based comparison results, site
management recommendations will be included in the report.
SITE BACKGROUND
Owned by Palm Beach County and operated by the City, the Boynton Beach Golf Course is approximately
150 acres in size and is surrounded by canals and residential areas. The ESA prepared by TtNUS (2008)
included investigations conducted in the northern portion of the golf course by sampling for soil,
groundwater, surface water and sediment. The northern portion of the golf course was being considered
for redevelopment as a residential area at the time. As of the date of this document, redevelopment plans
are no longer being considered.
The site hydrology is controlled by interconnected canals located on the north, east, and southern
boundaries of the site. The canals help control water levels in the area, as they are filled to the capacity
and drained nearly dry several times of the year. Depending on the water levels in the canals, golf course
water flow regimes change, making it difficult to determine the natural or prevalent water flow direction
in the area. The presence of onsite water bodies may be an indication of shallow groundwater. The
groundwater levels reported in the 2008 ESA ranged from 1.85 feet (ft) to 7.36 ft, where the majority of
the wells had less than 4 ft depth to water. Thus, site soils are likely saturated within 1 to 3 ft below land
surface (bls).
The 2008 ESA report included investigation for the northern portion of the golf course and the
maintenance shop areas that have been sampled for surface soil, subsurface soil, and shallow groundwater
as well as one sediment /surface water sample from the onsite pond. No sampling has been conducted in
the southern portion. Currently, data from the 2008 ESA indicates a uniform distribution of arsenic across
the golf course. Therefore, samples collected from areas including tee boxes, fairways, roughs, and greens
and also around the maintenance shop building are considered representative of arsenic distribution for all
areas of the golf course.
FDEP REQUIREMENTS
FDEP provided the City with a checklist of items that should be addressed during the process of a Site
Assessment Report, with the overall purpose of complying with the objectives of FAC 62 -780. This
checklist is provided in Attachment A.
The checklist included notices to be provided, Quality Assurance Requirements, Professional Certifications,
and Site Assessment Objectives. The Site Assessment Objectives requirements are summarized as follow:
• Determine current and future land use for the site.
• Characterize groundwater and surface water within the site and its vicinity.
• Identify contamination plume and its migration potential within the site and beyond the property
boundary.
• Determine whether contamination is present and the types of contaminants present, and determine the
horizontal and vertical extent of contamination in every medium found to be contaminated to the more
stringent FDEP cleanup target levels (CTLs) (e.g., residential CTLs).
• Establish background levels.
• Identify presence of free product, and determine the need for removal actions for any source material.
• Characterize the geology and hydrogeology of the site to support fate and transport evaluations for the
site groundwater contamination and discharges to surface water bodies.
• Identify any public water supply wells within a V2-mile radius of the site, whether the site is located
within the regulated wellhead protection zone of a public water supply well or well field, and whether
any private water supply wells (including potable, irrigation, and industrial wells) are present within a
1 /4 -mile radius of the site, unless the site meets the No Further Action (NFA) criteria of subsection 62-
780.680(1), Florida Administrative Code (FAC).
• Determine whether any surface water will be exposed to contamination that migrates beyond the
boundaries of the property.
• Report any offsite activities (for example, dewatering, active remediation, or flood control pumping)
in the immediate vicinity of the site that may have an effect on the groundwater flow at the site, unless
the site meets the NFA criteria of subsection 62- 780.680(1), FAC.
• Facilitate the selection of a remediation strategy for the site that is protective of human health and the
environment, and considers the proposed property use, identifies risks posed by the contamination
based on the proposed use, and describes how those risks will be managed, unless NFA is deemed
appropriate pursuant to the provisions of subsection 62- 780.680(1), FAC.
The sampling and analysis proposed for the City's golf course site implements the FDEP requirements as
they pertain to the site. A point source release has not occurred at the site, and the 2008 ESA did not
identify a groundwater contamination plume. The site is currently being used as a golf course. Though the
northern portion was considered for redevelopment, those plans are no longer under consideration.
Therefore, the site is likely to remain a golf course for the foreseeable future. The surrounding area has
canals, and residential developments. The City owns a landfill to the east of the golf course.
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The 2008 ESA noted that there are offsite potable wells located in areas near the golf course. A well
survey will be conducted in accordance with FAC Rule 62- 780.600(3)(h), which will include a review of
the South Florida Water Management District, State, and County databases. Field reconnaissance or utility
billing records review, in accordance with FAC Rule 62- 780.600(5)(n), will be conducted only if
contamination is discovered beyond the site property boundaries.
The observed arsenic in site soil and groundwater is likely from the past arsenical pesticide use across the
golf course and its use was in accordance with licensed practices. Background arsenic levels will be
established in consultation with FDEP. Based on the observed arsenic levels and extent of the distribution,
future monitoring program and /or corrective actions will be proposed at the completion of the work
proposed herein.
OBJECTIVE
The objective is to submit a Site Assessment Report to FDEP that complies with FAC Rule 62 -780. All
proposed field activities will be conducted in accordance with the most recent FDEP SOP's, dated March
2008. The report is to be submitted to FDEP no later than August 7, 2012.
PERIODIC REPORTING
Consultant will provide to City Staff a bi- weekly status report as to progress of project for review and
submittal to Federal Department of Environmental Protection.
EXHIBIT "B"
Payment Schedule/Form
Requests for payment shall be submitted for the following periods of time:
#1 From time of contract execution to May 31, 2012
#2 From June 1, 2012 thru June 30, 2012
#3 (FINAL) From July 1, 2012 to project completion
Requests for payments shall include:
• Itemized hours worked per position type and hourly rate for the position;
• Itemized costs of equipment, supplies, etc; and
• Itemized costs of subcontractor fees paid.
Costs included on requests for payments shall be in accordance with:
A -C -T Environmental Infrastructure, Inc.
Professional Fee Schedule
The City of Boynton Beach, FL
April 2012
Fee Schedule follows and is part of this contract.
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A•C•T Environmental Infrastructure, Inc.
Professional Services Fee Schedule
The City of Boynton Beach, Florida
April, 2012
PERSONNEL FEE
Principal Engineer $185 00 /hour
Senior Project Engineer $150 00 /hour
Project Engineer $130.00 /hour
Professional Engineer $150 00 /hour
Staff Engineer $85 00 /hour
Engineering Technician III $65 00 /hour
Engineering Technician II $55.00 /hour
Engineering Technician I $45 00 /hour
CADD Operator - Engineering $60 00 /hour
Director of Environmental & Earth Sciences $185 00 /hour
Senior Professional Geologist $150 00 /hour
Professional Geologist $120 00 /hour
Senior Scientist $100 00 /hour
Senior Project Manager $115 00 /hour
Project Manager $90 00 /hour
Project Scientist II $85 00 /hour
Project Scientist I $75 00 /hour
Quality Assurance Officer $80 00 /hour
Health & Safety Officer $80.00 /hour
Disposal Manager $80 00 /hour
Environmental Scientist II $70 00 /hour
Environmental Scientist I $65 00 /hour
Environmental Technician III $55 00 /hour
Environmental Technician II $50.00 /hour
Environmental Technician I $45 00 /hour
Administrative Technical Support $40 00 /hour
_. a t ' t ', .�
PERSONAL PROTECTIVE EQUIPMENT (PPE) FEE
EPA Level "D" (work uniform) 30 00 /day /man
Above costs include initial dress out.
Additional PPE will be itemized, as needed.
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VEHICLES MILEAGE FEE
Light Duty Field Vehicle 0 50 /mile 100.00 /day
Sampling Truck 0.50 /mile 150 00 /day
LIGHTS & GENERATORS FEE
8 KW Generators 150 00 /day
-"'A r 14 , i�f � .. �a : �, m r =at
EXPENDABLES FEE
Drum, 55 Gallon, DOT, Metal, New, Open & Closed Top, Heavy Duty 75 00 /each
Miscellaneous Equipment & Supplies 50.00 /day
Tem • ora Monitorin • Well Su • • lies 300 00 /well
tillii'vv "Teilirlaktraalai'mlisiAP 4 104k" - 11'114 aa
SAMPLING / TESTING E s UIPMENT FEE
Decontamination Supplies /Equipment 100.00 /day
Dissolved Oxygen (DO) Meter 50 00 /day
Grundfos Pump & Converter 175 00 /day
Sampling Meter Kit (5 parameters) 200 00 /day
Hand Auger (Stainless) 25.00 /day
Miscellaneous Sampling Supplies & Equipment 100 00 /day
CONFIDENTIAL - NOT FOR DISTRIBUTION
A•C•T Environmental Infrastructure, Inc. 2
Professional Services Fee Schedule
The City of Boynton Beach, Florida
April, 2012
Peristaltic Pump - Masterflex 100 00 /day
pH Meter /Conductivity/Temperature Meter 100.00 /day
Turbidity Meter 50 00 /day
Water Level Meter 45.00 /day
MISCELLANEOUS E II UIPMENT FEE
GPS (Trimble) with GIS Software 300.00 /day
GPS Hand Unit (Garmin) 15.00 /day
Mobile Telephone 25 00 /day
NOTES:
Straight time rate is 8 00 a m to 5 00 p m , Monday - Friday
Overtime rates (1 5 X straight time rate) apply to work performed before 8 00 a m or after 5 00 p m
and all day Saturday
Premium rates (2 X straight time rate) apply to work performed on Sundays, Holidays and Holiday
Weekends
Minimum charges for personnel and equipment are four (4) and eight (8) hours
Equipment rates do not include operators
Personnel & equipment are billed portal -to -portal and for clean -up and ready time
Materials and subcontractors required for scope of services to be invoiced at cost plus 15%
CONFIDENTIAL - NOT FOR DISTRIBUTION