HomeMy WebLinkAboutR-2018-059 Authorizing the Expenditure of Funds for Environmental Permits to be obtained and provided by Chappell Group Dredge Permitting Exceeding 25K for FY 2017-2018, ending September 30, 2018 RESOLUTION NO. 2018-059
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR
ENVIRONMENTAL PERMITS TO BE OBTAINED AND PROFESSIONAL
SERVICES PROVIDED BY THE CHAPPELL GROUP, INC. FOR FISCAL
YEAR 2017-2018, ENDING SEPTEMBER 30, 2018, INCLUSIVE OF
EXISTING PURCHASES THAT MAY EXCEED AN ANNUAL VENDOR
TOTAL AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000.00);
AUTHORIZING SUCH PURCHASES THAT ARE TO BE MADE WITHIN
THE RESPECTIVE DEPARTMENTS' APPROVED ANNUAL BUDGET
APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of the established monetary threshold
without competitive bidding and without advertisement for bids if he is authorized to do so in
advance by a resolution adopted by the City Commission; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection (a), sets the monetary threshold at Twenty Five Thousand Dollars ($25,000.00) for a
vendor each fiscal year; and
WHEREAS, the City Manager has authorized previous services to be performed by The
Chappell Group, Inc. in the amount of Fifteen Thousand Sixty Seven Dollars and Sixty Four
Cents ($15,067.64) for assistance with the Florida Inland Navigation District Waterway
Assistance Program; and
WHEREAS, the City has determined that the northern basin of the marina is extremely
shallow at low tide, making operation of a vessel either difficult or impossible and dredging of
the basin is therefore a priority; and
WHEREAS, it has been determined that dredge permitting for environmental services
must be performed at a total estimated proposed cost of Twenty Four Thousand Four Hundred
Twenty Two Dollars and Forty Four Cents ($24,422.44) which will bring the annual vendor
total over Twenty Five Thousand Dollars ($25,000.00); the dredge permitting price proposal that
was submitted by The Chappell Group is attached as Exhibit"A"; and
WHEREAS, the Parks and Recreation Department is seeking to waive the three (3)
written quotes required by the City's procurement policy;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the above "Whereas" clauses are approved and incorporated into this
Resolution by this Reference.
Section 2. That the City Commission authorizes the obtaining of professional
services from The Chappell Group, Inc., which will exceed the annual Twenty Five Thousand
Dollar($25,000.00)purchase threshold for a single vendor
Section 3. That the proper City officials are authorized to execute the necessary
documents with The Chappell Group, Inc. to obtain environmental permits and perform related
services for the dredging of the northern basin of the City marina for an additional amount not to
exceed Twenty Four Thousand Four Hundred Twenty Two Dollars and Forty Four Cents
($24,422. 44).
Section 4. That all Departments' purchases from The Chappell Group, Inc. shall be
subject to and made within the respective Departments' approved level of their respective annual
budget appropriations and in accordance with the City's procurement policy.
Section 5: That funding for the additional scope for services to be provided by The
Chappell Group, Inc. is available and will be appropriated from the Marina Fund Contingency
Account 406-72-09-575-99-10 to the Marina Fund Professional Services Account 406-72-09-
572-31-10 in the amount of Twenty Four Thousand Four Hundred Twenty Two Dollars and
Forty Four Cents ($24,422.44).
Section 6. That the City Manager and City Attorney are authorized to make minor
revisions to such documents as are deemed necessary and proper for the best interests of the
City.
Section 7. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 8. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
2 RESOLUTION#2018-059
PASSED AND ADOPTED on April 24, 2018.
ATTEST: �A�'s FaGri-
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THOMAS SCHNEIDER, CMC TAMARA JAM S
CITY CLERK MAYOR
APPROVED AS TO F ND CORRECTNESS:
THOMAS J.ANSVkO
CITY ATTORNEY
3 RESOLUTION#2018-059
EXHIBIT A
®Chappell
January 9, 2018
Mr. Mark T. Felicetty,
Director of Parks & Recreation
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
RE: DANIA BEACH MARINA
Dredge Permitting
TCG Project No. 11-0020.003
TCG Proposal No. 2018.006
Dear Mr. Felicetty:
The Chappell Group, Inc. (TCG) is pleased to provide you with the following proposal for
professional Environmental Services pertaining to the above-referenced project:
1. ENVIRONMENTAL SERVICES
1.1 Bidding Assistance (Task No. 1130)
Prepare bid specifications and final plans for submittal to Client for bid pricing on
the permitted dredging area. Coordinate with contractors, attend pre-bid meetings
if requested, and prepare responses to bid. Review bids and tabulate for Client
with a formal recommendation of award.
LumpSum ...............................................................................................$7,111.18
1.2 Construction Observation (Task No. 1120)
Prepare notice of commencement forms and submit to agencies prior to
construction. Attend preconstruction meeting with Florida Department of
Environmental Protection and contractor. Conduct site observations as necessary
during construction of the proposed dredging to review for construction compliance
with approved permits and turbidity requirements. Prepare inspection reports and
punchlists for submittal to Client and contractor for review. Review asbuilts of
dredging by contractor and submit to agencies upon completion of project. Attend
meetings with contractor, and Client when requested.
LumpSum .............................................................................................$13,978.53
Initial for AcceptanceGi�_ _
1
714 East McNab Road.Pompano Beach,FL 33060 ret.954,782.1908 fax.954.782.1108 www.thechappeligroup.com
Environmental Consultants I Marina&Wetland Permitting I Phase I ESAs I Mitigation Design&Monitoring I T&E Species Surveys
Funding Approved
F 4 2018
By:
®Chappell
1.3 Post Construction Benthic Survey (Task No. 1030)
Conduct post construction benthic survey as required by the permits of the
submerged bottoms adjacent to the construction to locate any benthic resources
in the adjacent basin. The seagrass survey must be performed from April 1 —
August 31 as required by regulatory agencies. Surveys conducted outside of the
acknowledged seagrass growing season may be subject to agency review and
verification at the start of the next growing season. Prepare summary report of
findings.
LumpSum................................................................................................$3,132.73
Reimbursables.............................................................................$200.00
Scone of Services
The scope of services is limited by the specific terms of this proposal. Except as stated specifically herein, no other
service will be provided except as"extra work", subject to the fees hereinafter set forth. The terms hereof shall be
construed in favor of the firm and all inferences and implications shall be deemed to be for the benefit of the firm.
In reviewing this proposal for professional services, it should be understood that the above proposal items and their
corresponding fees do not necessarily represent the full scope of services required for the project. Rather,it represents
our best effort to set forth those services which we believe to be those requested by you,the Client,and/or those we
can determine to be needed to accomplish a particular objective. However,we recognize and we ask that the Client
recognize that as a project progresses the scope of service as originally defined may change in content to include work
not initially identified. Several factors will cause this to happen:
1. Better understanding of the project and the Client's goals as progress on the project is made.
2. Additional requirements identified by the Client.
3. New laws or governmental agency requirements.
As these influences occur and are identified,we will advise you of same and seek your direction as to how you wish
to proceed.
Work required as a result of the above will be"extra work"outside of the original scope of services. Upon your direction,
we will perform the work under the"Hourly Fee Schedule"section of this proposal or we can provide you with a separate
proposal should the scope so indicate.
Hourly Fee Schedule
See Exhibit B.
Hourly work will be billed at our current prevailing rates;however,these are subject to change due to increasing labor
and material costs.No notice of change in prevailing rates shall be required.
2
Initial for Acceptance
714 East McNab Road.Pompano Beach,FL 33060 tel.954.782.1908 fax.954.782.1108 www.thechappeilgroup.com
tinvironmental Consultants I Marina&Wetland Permitting I Phase I ESAs I Mitigation Design&Monitoring I T&E Species Surveys
®Chappell
Lump Sum Fees
The Lump Sum Fees set forth above are applicable for a period of six(6)months from the date of this proposal. If the
work on any item to which a lump sum fee shall apply is not commenced within said period,the firm reserves the right
to terminate this Agreement as it relates to said item. No prior notice of such adjustment shall be required.
Cost Estimates
In that our firm does not have control over the cost of labor and materials, or over competitive bidding and marketing
conditions,the estimates of construction costs provided by our firm will be made on the basis of our experience and
qualifications, but our firm does not guarantee the accuracy of the estimates of probable cost as compared to the
contractor's bids. The firm recommends that you consult with the other professionals which you have employed in
connection with the project.
ownership of Documents
All documents including, but not limited to, drawings and specifications prepared in connection with the project
constitute the work product of the firm and a portion of the instruments of service with respect to the project. Such
documents and/or specifications constitute a portion of the integral services provided by the firm and,as such,are not
intended or represented to be suitable for reuse by you or others or for extensions of the project or in connection with
any other project. The firm specifically disclaims any responsibility and/or liability for or in connection with the reuse of
such documents and/or specifications or any use thereof beyond the scope of the Project as set forth herein. By your
execution of this proposal, you agree to indemnify and hold the firm harmless from all claims, damages, losses and
expenses including,but not limited to,attomey s fees arising out of or resulting from the reuse or extended use of such
documents or specifications.
Permits and Approvals
The permits and agency approvals mentioned above are those known to us to be required for projects of this kind,and
we will apply for them as indicated. However, our experience has shown us that agencies and regulatory authorities
do not always communicate new regulations and legislation properly and that the enforcement of policies can vary.
The Client is therefore cautioned that additional permits or approvals other than those presently identified may be
required. Should this arise,we will notify you and respond promptly to the requirement.
Construction Requirements
At the time that the firm is authorized by you to perform professional environmental services involving design plans and
permits requiring approval by governmental agencies,the engineer of record will be required to provide certificates of
compliance to those agencies with regard to the performance of certain aspects of the work,which performance will be
rendered by others. It will be necessary,therefore,for the firm to perform full-time observation regarding some items
and to make periodic site visits for other items to determine whether or not the improvements are in "substantial
compliance"with the relevant contract documents.
It shall be your responsibility to notify the firm of the commencement of any work so that the firm may perform the
necessary inspections and observations. The amount of time required for such inspections and observations and for
the completion of the applicable certifications will be dictated by the performance of the contractor. Moreover,and in
addition to the required site visits, the firm must also review the as-built drawings during and at the end of the
construction period. All of the services described in this paragraph constitute"extra work",unless otherwise specifically
set forth in the"Scope of Services". The cost of providing these services is not included in the Lump Sum fee,unless
specifically indicated.
3
Initial for Acceptance
714 East McNab Road Pompano Beach,FL 33060 tel.954.782.1908 fax_954.782.1108 www.thechappellgroup.com
Environmental Consultants I Marina&Weiland Permitting I Phase I ESAs I Mitigation Design&Monitoring I T&E Species Surveys
®Chappell
The firm shall not be responsible for the quality or quantity of the work, the execution thereof, the techniques or
sequences of construction,the safety and security of the project or the maintenance thereof. The firm is not a guarantor
or insurer of the work of others and assumes no duty in connection therewith. In performing the services required of it,
the firm will use that degree of care and skill ordinarily exercised,under similar circumstances, by reputable members
of its profession practicing in the same or similar locality. No other warranty, express or implied,is made or intended
by the firm by virtue of the undertakings or of its performance of the service hereunder. Absent bad faith in the
performance of the work hereunder, the firm shall not be liable for any damages resulting from misfeasance in the
performance of any work with regard to the project. No person other than you shall have the right to rely on the expertise
of the firm or the performance of the matters set forth herein. The firm reserves the right to record a memorandum
hereof in the public records of the County.
The above stated services are the minimum level of services that the firm is obligated to perform. The firm currently
provides a complete range of construction-related services which it will be happy to discuss with you at the time that
your project is ready for construction.
Pennit Fees:Application Fees;Outside Consultant Fees
The service fees set forth herein do not include the payment of governmental agency submittal fees, review fees or
permit fees, or any other charges assessed by said agencies. Further, the service fees do not include the cost of
services provided by others. These fees shall be paid for by the Client. Should our firm find it absolutely necessary to
advance fees for the Client, said fees shall be reimbursed along with a service and handling fee upon receipt of the
invoice for same.
Direct Charges
Unless otherwise specified,the above service fees do not include the following direct charges:
1. Blue prints,mylars,Xeroxing,Postage,Federal Express,photographic services for enlargements,reductions,
etc.:At Cost plus 10%handling charge.
2. All travel expenses including airfare,lodging,car rental,and fuel expenses:At Cost plus 10%handling charge.
Assignment
It should be expressly understood that this proposal is for the use of the executing Client and is not assignable or
assumable by any third party.
Invoicing and Payment
Work will be invoiced at the end of each month based on a proration of work completed to date,with payment expected
upon receipt of the invoice by the Client. Client shall notify firm within ten(10)days of receipt of invoice should invoice
be found to be unacceptable. Any invoice for which firm is not so notified shall be deemed to be acceptable for purposes
of payment by Client.
If payment is not received within 30 days of the invoice date, Consultant may terminate this agreement or suspend
work under the agreement without further notice,and a late charge of one and one-half percent(1-1/2%)per month on
outstanding balance shall accrue until delinquent balance is paid. Client agrees to pay all costs of collection,including
reasonable Attorney fees,should such action be required.
4
Initial for Acceptance 4e)
714 East McNab Road.Pompano Beach,FL 33060 rel.954.782.1908 fax.954.782.1108 www.thechappellgroup.com
D ironmental Consultants I Marina&Wetland Permitting I Phase I ESAs I Mitigation Design&Monitoring I T&E Species Surveys
Chappell
Clienfs Responsibilities
1. The Client shall provide full information regarding requirements for the project including a program,which shall
set forth the design objectives, constraints and expendability, special equipment and systems and site
requirements.
2. The Client shall furnish upon request by the firm the services of soil engineers or other consultants when such
services are deemed necessary. Such services shall include,but are not limited to, Phase I Environmental
Site Assessments,test borings,test pits, soil bearing values, percolation tests, air and water pollution tests,
ground corrosion and resistivity tests, including necessary operations for determining subsoil, air and water
conditions,with reports and appropriate professional recommendations.
3. The Client shall fumish upon request of the firm structural, mechanical, chemical and other laboratory tests,
inspections and reports as required by law or the Contract Documents.
4. The Client shall fumish a Legal Description of the property and the appropriate Title Information.
5. The Client shall execute all permit applications. As "Permittee", or"applicant" or"holder", Owner shall be
responsible for complying with the conditions of all permits issued. In particular, Client shall be responsible
for the safety of the General Public during construction.
5
Initial for Acceptance (4
714 East McNab Road.Pompano Beach,FL 33060 reL 954.782.1908 fax.954.782.1108 NN-ww.thechappellgroup.com
Environmental Consultants I Marina&Wetland Permitting I Phase I ESAs (Mitigation Design&Monitoring I T&E Species Surveys
®Chappell
Acceptance
This proposal and fee schedules are based on acceptance within 30 days of the date of
preparation. If not accepted by you within that time period, we reserve the right to re-evaluate the
terms and conditions contained herein.
If the proposed work and fees contained herein are agreeable with you, please sign the enclosed
copy of this letter and return same to our office. Should you have any questions regarding the
above, please do not hesitate to call.
Sincerely,
THE CHAPPELL GROUP, INC.
f ,
1
Sarah Chappell
President
ACCEPTANCE OF PROPOSAL: The above fees, terms, conditions, and specifications are
satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment
will be made as outlined and the individual accepting this proposal will be personally liable for
payment of services described in this proposal.
;aon-k&
IS PRO ACCEPTED BY: Please provide Account Payables Contact
Information below:
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Initial for Acceptance
714 East McNab Road.Pompano Beach,FL 33060 tel.954.782.1908 far.954.782.1108 www.thechappeligroup.com
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