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HomeMy WebLinkAboutAgreement_General_10/03/2016 • Environmental Property Assessments • Contamination Assessments • Remediation � • Monitoring Wells • IAQ/ Mold Evaluation N u - mNa ENVIRONMENTAL OF FLORIDA, INC. YourPr*ct is GW Cc= Men Vil.I.ACr OF TI'QurtiTA August 30, 2016 Village of Tequesta OCT 0 3glg 345 Tequesta Drive Tequesta, FL 33469 WILDING Dr..PARTMCNT Attn: Ms. Nilsa Zacarias Phone: (561) 76 8-0457 Email: NZacarias @tequeste.org Re: Proposal for Consulting Services - Application for Site Plan Review Key Estates Senior Living 4534 and 4546 County Line Road Tequesta, Palm Beach County, Florida Dear Ms. Zacarlas: NUTTING ENVIRONMENTAL OF FLORIDA INC. (NEF) is pleased to present this proposal for environmental consulting services to assist the Village with the review of additional contamination assessment information and Information pertaining to three special conditions included in the Special Exception Use Approval and associated Application for Site Plan Review. The scope of work of this Investigation will include a review of Information provided by the client and attend meetings via teleconference and /or in person. The services will be provided on a "time and materials" basis, at the following rates: Environmental Consulting Services: Review of Information attendance of meetings and conference calls with the Village and the Applicant by Project Manager. Estimated 20 hour(s) @ $100 /hour $ 2,000.00' 'Additional project management time will be billed as needed at the unit rate listed above, For the purpose of this project, the entity listed below will be known as the client. The client alone along with entities identified in this proposal may use and rely upon this report. The client is expected to provide NEF with existing environmental data and other information related to the subject property, such as recent sketches of survey to assist us in report preparation. The Scope of Work and Fee Amount listed above and the General Terms and Conditions, consisting of one attachment, represent the entire agreement between the client and NEF with respect to the project. It should be noted that NEF will not be able to Initiate the project until the required information is received, thus resulting in corresponding delays to the project delivery due date. If this satisfactorily meets your needs, please sign and return the same to NEF, along with the deposit specified in the General Terms and Conditions and this will serve as our authorization to proceed. Proposal for: Village of Tequesta Page 1 of 3 August 30, 2016 1310 Neptune Drive - Boynton Beach, Florida 33426 - 561- 732 -7200 Broward 954- 782 -7200 - St. Lucie 772 - 408 -1050 • Miami -Dade 305 - 557 -3083 • Fax 561- 737 -9975 Toll free: 1-877-NUTTING (688.8464) • wwlv.nef.cc • Info @nef.cc We appreciate this opportunity to work with you, By signing below, the parties hereto specifically acknowledge that NEF's separately published "General Terms and Conditions" are incorporated herein by reference. Should the Client wish to impose other conditions and requirements beyond those contained in this proposal such as in a separate contract, we reserve the option to modify contract language, fee amounts, to remove our proposal from consideration or other measures as may be indicated. Sincerely, Date Accepted P 4_ 5 .2016 NUTTING ENVIRONMENTAL OF FLORIDA, INC. --`_� Signature: ' l By: Jan Beernink By (print): M t c.ha �eL Opuzl y , VJL6 e— I k na er Title: Vice - President Company: I}�eydla�:c. Q� 1 euxs -k v NOTE: The party listed above will be considered our client and will be responsible for payment of services. Filename: Village of Tequeste, Proposal for Consulting Services Site Development Review, August 3Q, 2016.doe General Terms and Conditions For the purpose of this project, the addressee of this proposal will be known as the Client. The client is expected to furnish NEF with full viritten Information as to the client's specific report requirements prior to executing this agreement. The client is expected to provide NEF with existing environmental data? reports and other Information related to the suNect property, such as recent sketches of survey to assist us in report preparation. Specific Information required by WP in order to commence the Phase I Environmental Property Assessment process is detailed In the attached Project Information checklist. Delivery -NEF will exercise appropriate measures to ensure project completion within the agreed upon time frame. However, NEF will not be held responsible for unavailability of necessary project data within the time trams agreed upon for the Investigation. Project delivery may be delayed If the ENTIRE signed proposal and deposit are not reoeived in a timely manner. The ENTIRE signed quotation should be returned along with the required project information listed on the Project Information Checklist above. The unsigned proposal Is valid for 60 days. Payment - 50% retainer required with signed agreement. Services will be billed monthly andlar upon completion, Directing NEF to proceed with the work shall constitute acceptance of the terms of NEFs proposal and these General Terms and Conditions. interest at the rate of 18% per annum or the highest rate allowable by law whichever Is less, will be added to all amounts not paid within 30 days alter date of involoe. All attorney fees and expenses associated with collection of past due Invoices will be pail by Client. Insurance- NEF maintains Workers' Compensation and Employer's Liability Insurance In conformance with state law. In addition, we maintain Comprehensive General Liability Insurance and Automobile Liability Insurance with bodily injury limits of $1,000,000.00 and property damage limits of $1,000,000.00. A certificate of insurance can be supplied evidencing such coverage which contains a clause proving that fifteen days written notice be given prior to cancellation. Report "Shelf Life" - The user as identified this proposal contract may rely upon the report for a maximum period of six months from the report date. Approaching that time certain components of the original Inquiry must be updated. If the user Identity has changed In that time NEF shall be notified and provlded with required 'user' information detailed in the ASTM practice. NEF's work Is for the exclusive use of client, and its properly disclosed user, In no event shall NEF have any duty or obligation to any third party. Right -of -Entry - Urless otherwise agreed. Client will furnish right -of -entry on the property for NEF to make the planned borings, surveys, and/or explorations. NEF will lake reasonable precautions to mintmlze damage to the property caused by its equipment and sampling procedures, but the cost of restoration or damage which may result from the planned operations is not included in the contracted amount. If Client desires to restore the property to its former condition, NEF will accomplish this and add the cost to its fee. Damage to Exlsting Man-made Objects - It shall be the responsibility of the Owner or his duly authorized representative to disclose the presence and accurate location of all hidden or obscure man -made objects relative to held tests, sampling, or boring locations. When cautioned, advised or given data In writing that reveal the presence or potential presence of underground or over-ground obstructions, such as utllWos, NEF will give special instructions to Its field personnel. In addition, CKent waives any claim agalnsl NEF arising from damage to existing man -made objects. Warranty and Limitation of Liability - NEF shad perform services for Client In a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent consultants practicing In the same or a similar tocelity as the project. In the event any portion of the services falls to comply with this warranty obligation and NEF is promptly notifted in writing prior to one year after completion of such portion of the services, NEF will re- perform such portion of the services, or it re- performance is impracticable, NEF vrill refund the amount of compensation paid to NEF for such portion of the services. In addition, Client waives any claim against NEF arising from the failure of the user to comply with "user obligations" under ASTM Practice E- 1527 -05 or the consequences of "data gaps arising from omitted Information that was pursued In a good faith effort by NEF. This vrarranty is In lieu of all other warranties. No other warranty, expressed or Implied. Including warranties of merchantability and fitness for a particular purpose is made or intended by the proposal for consulting services, by furnishing an oral response of the findings made or by any representations made regarding the services Included in this agreement- In no event shall NEF or any of its professional employees be Kahle for any special, Indirect, incidental or consequential loss or damages, Including but not limited to Impact and delay claims. The remedies set forth herein are exclusive and the total liability of consultant whether in conuact, tort (including negligence whether sole or concurrent), or otherwise arising out of, connected with or resulting from the services provided pursuant to this Agreement shall not exceed the total fees paid by Client or $60,00.00, vvhichaver is greater. AI additional cost, Client may obtain a higher limit prior to commencement of services. PURSUANT TO §558.0035, FLORIDA STATUTES, NEFS INDIVIDUAL EMPLOYEES ANDIOR AGENTS MAY NOT HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THEIR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. Indemnification - Client agrees to defend, indemnify and save harmless NEF from all claims, Including negligence claims, suits, losses, personal Injuries, death and property liability resulting from NEF's performance of the proposed work, whether such claims or damages are caused In part by NEF, and agrees to reimburse NEF for expenses ib connection with any such claims or suits, including reasonable attorney's tees. Client's abligation to Indemnify is limited to 52 million per occurrence, which Proposal for: Village of Tequesta Page 2 of 3 August 30, 2016 1310 Neptune Drive • Boynton Beach, Florida 33426 - S61- 732 -7200 Broward 954 - 782 -7200 • St. Lucie 772 - 408-1050 • Miami -Dade 305 - 557 -3083 - Fax 561- 737 -9975 Toll free: 1- 877- NUTTING(668.8464) • tvvnv.nefec • info@nef.cc Client agrees bears a reasonable commercial relationship to the Work undertaken by NEF. Client further agrees that these general conditions are a part of the Work's specifications or bid documents, If any. Sampling or Testing Location - Unless specifically slated to the contrary, the unit fees included in this proposal do nol'Indude costs associated with profmi6naf land surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring lowilons described In ourreport or shown on our sketches are based on specific information furnished to us by others or estimates made in the field by our technicians, Such dimensions, depths or elevations should be considered as approximations unle otherwise slated in the re port. It is understo that all dnllag locations a re acces sible to conventl0nal•truck mounted d a ling'e quiprnent unless otherwise _ speaBiedbytheclienf oca Sample Handling and Retention • Generally test samples or specimens-are consumed andlor substantially altered during the conduct of tests and NEF,;atfts sole discretion, will dispose (subject to the following) of any remaining residue Immediately upon completion of test unless required in writing by the .Client to store or otherwise handle the samples. (a) NON HAZARDOUS.SAMPLES: At Client's written request„ NEF will maintain preservable test samples and specimens or the residue therefronrfor thirty (30) days after submission of NEF's:report to Client free of storage:char9es. After the Initial 30'days and upon written request, NEF will.retaln test sip or samples for a witually acceptable_ storage chafge and period ei lime. (b) HAZARDOUS OR POTENTIALLY NA7AROOU3'SAMPLES' In the. event that samples con(atn . substances or constituents hazardous or detrimental to human heaAh, safely: or the envuonmonl as dsfined by federal stale or local statues, regulations; or. ordinances ( "Hazardous - Substances• and "Hazardous Consilluerls', respectively), NEF will, after completion of testily and at Clients expense: (i) return such samples to Client', (it) using a ritan'rfesl'signed by Client as generator; w01 have such samples transported to a location selected by Client for final disposal. Client agrees to pay all costs associated with the storage, transport; and disposal of such samples- Client' recognizes and agrees that NEF Is acting es a bailee and at:no time does NEF assume title of said waste. Discovery of Unanllclpated Hazardous Materials• Hazardous materials or certain types of hazardous matedals may exist al a she where there is no reason to befavethey could or should bb present. NEF'and Clionfagroo that the discovery of unanticipated hazardous malarals constitutes, a changed condition mandating a renog6datiogofaho scope of wprk or terminaUan of services. NEF end Client' also agree that the discovery of unanticipated hazardous materials may make, it necessary for NEF to take imrnedlate measures to protect health and safely. NEF agrees to notify Client as soon as practicable should unanticipated hazardous rnaterials sospected hazardous materials be encountered: Client encourages NEF to take any and all measures that, InNEF's professional opinion, are Justified:% preserve andproteet the health and safely" Of NEF's personnel and the public. Client agrees to compensate 'NEF for the addilionat cost of Working to protect employes' andilie pubilds health and safety. In addition, client _waives any clalm againsttNEF arisfng_from NEF's disooireryof unanticipated hazardous materials or suspected hazardous materials. Client also agrees to compensate, NEF for any Iline spent and expenses incurred, by NEF_ in defense of any such daim, with such compensation to be based upon NEF's preveifng fee_ schedule and.expense reimbursement porky relative to recovery of direct project costs; Legal Jurisdiction . The parties agree that any actions brought to enforce.any provision of this Agreement shall only be brought in a court of compelentJurisdiction located in Paim_fioaeh County, Florida. Any and all poses of action arising out of NEF's porfomianco of the Work, Including but not limited to claims for indemnity, contrmution and equitable subrogation, shall be doemed to havoacerued and the applicable statutes of umllations shall commence to run not later then the date of NEF's last Invoice for the Wo&p erformed hereunder. Force Majeure - NEF shall not be held responsible for any delay or (allure. in performance of any part of this Agreement to the extent such delay or failure Is caused by fire, flood, explosion, war, strike, embargo, government requirement, civil or millary authority, Otis of God, act or omission of subcontractors, carriers, client or other similar causes beyond its.control; Documents - NEF shall be entilletl to rely upon the accuracy and completeness of all,surveys, reports and information furnMed by the client. If conditions different from those described hour report are found at the site. NEF should be notified. In writing Immediately upon discovery. NEF reserves the right to revise conclusions and recommendations presented In the Onalsoport should additional Informatlon regarding the project become available. M pennitswIll be.oblained by otthers un►essotkenvise specified in ths. proposal or m writing to NEF. NEF vrih endeavor to idenUly recognized enviranntenlal conditions {REC), to the best of our ability and fimi►etions etlhe lima of the study.: in limited accordance with aspects of ASTM Practice E•1527 and the current local stondard:of care far such studies.. The - identification of RE moll tie made solely upon the informallen developed end vtevred by NEF in this slddy and specific 91ate of Florkla environmental:regutaUons applicable and known al the the of this study. NEF has no uabiUty for consequences of inform aUOn not provided or unavallabte ar otharvnse not revie" or known from the normal sources customarily examined by NEF In such investigations lion Me time If. o all0ivod for this investigation under This agreement. Proposal for: Village of Tequesta Page 3 of 3 August 30, 2016 1310 Neptune Drive • Boynton Beach, Florida 33426 •561- 732-7200 6roward 954 -782 -7200 - St. Lucie 772 -408 -1050 • Miami -Dade 305-557 -3083 • Fax 561- 737 -9975 Toll free. 1.877- NUTTING(688.8464) • www.nefcc • info @nefcc PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CON__TRAC_T_QR_must_keep_ and_ maintain _this_Agr_eement_and,_any other_- _._._._ records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected -or copied; within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. .A CONTRACTOR who; fails to provide the'public records to the Village, or fails to makeahem available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and-other under Sec: :119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the perf ormanc.6 of the work described in the _Proposal or ,Bid are not disclosed except as authorized.bq law for the duration-of the Agreement term, and following completion:of'the Agreement if the CONTRACTOR.does.not transfer the records to. the Village finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost `to he. Village, all public - records in possession of the CONTRACTOR,. or ' keep and maintain public records required by the Village. If the CONTRACTOR transfers.ail public records to the Village upon completion of the Agreement -the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.. If the CONTRACTOR keeps and maintains public records upon. completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodiam-of public .records,__ in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTYTO PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT - THE VILLAGE, CLERIC, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768. 0685, OR -AT lincwilliaiht @teauesta:ore, OR AT 345 TEQlUESTA.DRIVE, TEQUESTA, FLORIDA 3346' 3469.