R25-027 1 RESOLUTION NO. R25-027
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AWARDING REQUEST FOR QUALIFICATIONS NO.
5 UTL24-031 FOR EAST AND WEST WATER PLANT UPGRADES AND
6 TREATMENT OPTIONS EVALUATION, PLANNING, AND DESIGN FOR
7 EMERGING CONTAMINANTS REMOVAL— ENGINEERING SERVICES TO
8 JACOBS ENGINEERING GROUP INC., AND APPROVING AN
9 AGREEMENT BETWEEN THE CITY AND JACOBS ENGINEERING GROUP
10 INC. IN THE AMOUNT NOT TO EXCEED $5,400,000; AND FOR ALL
11 OTHER PURPOSES.
12
13 WHEREAS, the City received a Florida Department of Environmental Protection State
14 Revolving Fund (FDEP SRF) loan with principal forgiveness for $5,167,179 for East and West Water
15 Treatment Plant upgrades and treatment options evaluation, planning, and design for emerging
16 contaminant removal; and
17 WHEREAS, on July 3, 2024, Request for Qualifications ("RFQ") No. UTL24-031 for East and
18 West Water Treatment Plant Upgrades and Treatment Options Evaluation, Planning and Design
19 for Emerging Contaminants Removal-Engineering Services was advertised to select a qualified
20 engineering firm to assist the East and West Water Treatment Plant upgrades and treatment
21 options evaluation, facilities plan for the State Revolving Fund (SRF) Drinking Water Program,
22 including design, bid document preparation, permitting, bidding assistance, and construction
23 management engineering services during construction projects at both plants; and
24 WHEREAS, the selection committee held a final meeting on October 28, 2024, to score
25 and rank the qualified firms. Jacobs Engineering Group Inc. ranked the highest. The Utilities
26 department completed negotiations with Jacobs Engineering Group Inc.for a contract agreement,
27 the initial scope of work, and associated costs. Work will include conducting a study, preparing a
28 report, and performing engineering services to evaluate the ability of the existing treatment
29 processes at the East Water Treatment Plant to meet the proposed Emerging Contaminants
30 regulations and consider alternatives. This study and facilities plan will also evaluate options for
31 the treatment at the West Water Treatment Plant and any upgrades needed to the treatment
32 process, electrical system, instrumentation, and control components for automation of the
33 treatment process to meet regulations for emerging contaminants or other identified future
34 regulations for potable water; and
35 WHEREAS, the study and facilities plan will include short-term and long-term
36 recommendations at both the East and the West Treatment Plants to meet treatment
37 requirements for emerging contaminants and other known future regulations for potable water.
38 The plan will address source water options and the design and permitting of additional potential
39 future groundwater wells or alternative water sources to address emerging contaminants and
40 potential treatment for emerging contaminants at individual source water wells; and
41 WHEREAS, phasing of the treatment plant upgrades during construction shall minimize
42 disruption of operations and plant shutdowns; and
43 WHEREAS, upon completion of the study and facilities plan, the Consultant will design
44 and permit improvements identified in the alternative analysis study and provide construction
45 bidding and construction management services; and
46 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
47 best interests of the city's citizens and residents to award Request for Qualifications No. UTL24-
48 031 for East and West Water Plant Upgrades and Treatment Options Evaluation, Planning, and
49 Design for Emerging Contaminants Removal — Engineering Services to Jacobs Engineering Group
50 Inc., and approve an Agreement between the City and Jacobs Engineering Group Inc. in the
51 amount not to exceed $5,400,000.
52
53 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
54 BEACH, FLORIDA, THAT:
55 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
56 being true and correct and are hereby made a specific part of this Resolution upon adoption.
57 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
58 award RFQ No. UTL24-031 for East and West Water Plant Upgrades and Treatment Options
59 Evaluation, Planning, and Design for Emerging Contaminants Removal — Engineering Services to
60 Jacobs Engineering Group Inc. ("Vendor").
61 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
62 approve an Agreement between the Vendor and the City for RFQ No. UTL24-031 for East and
63 West Water Plant Upgrades and Treatment Options Evaluation, Planning, and Design for Emerging
64 Contaminants Removal — Engineering Services in an amount not to exceed $5,400,000 (the
65 "Agreement"), in form and substance similar to that attached as Exhibit A.
66 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
67 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
68 ancillary documents required under the Agreement or necessary to accomplish the purposes of
69 the Agreement and this Resolution.
70 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record
71 of the City. A copy of the fully executed Agreement shall be provided to Poonam Kalkat to forward
72 to the Vendor.
73 SECTION 6. This Resolution shall take effect in accordance with law.
74 [SIGNATURES ON THE FOLLOWING PAGE]
75
76 PASSED AND ADOPTED this c) day of coNtizn 2025.
77 CITY OF BOYNTON BEACH, FLORIDA
78 YEt -- NO
79 Mayor—Ty Penserga
80
81 Vice Mayor—Aimee Kelley
82
83 Commissioner—Angela Cruz
84 /
85 Commissioner—Woodrow L. Hay `/
86
87 Commissioner—Thomas Turkin
88
89 VOTE c-0
90 AT :
91
92 CP f► 'Mr- _ ig/ z4) -
93 Maylee 0- -sus, MPA, M,/C Ty P-04rga
94 City Cler M. 'or
95 _ ,...„
96 �O'T0/y%.‘ APPROVED AS TO FORM:
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97 (Corporate Se- I O�:GoVv"re••Fy '
98 s!I SEAL =. \ 411,d(#42
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99 i U: INCORPORATED' i � �7
100 44 . 1920 Shawna G. Lamb
101 �'t% •�''FIOR,O :
Q ', City Attorney
EAST AND WEST WATER PLANT UPGRADES AND TREATMENT OPTIONS EVALUATION,
PLANNING, AND DESIGN FOR EMERGING CONTAMINANTS REMOVAL— ENGINEERING
SERVICES (GRANT/LOAN FUNDED)
THIS AGREEMENT("Agreement"), is entered into between the City of Boynton Beach, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Jacobs Engineering Group Inc., a
Delaware corporation authorized to do business in the State of Florida, with a business address of 550
West Cypress Creek Road, Suite 400, Fort Lauderdale, FL 33309, hereinafter referred to as "VENDOR"
each a "Party" and collectively the "Parties". In consideration of the mutual benefits, terms, and conditions
hereinafter specified, the Parties agree as set forth below.
WHEREAS, the CITY solicited proposals for a contract to perform Engineering Consultant
Services, and
WHEREAS, the CITY issued a Request for Qualification for East and West Water Plant Upgrades
and Treatment Options Evaluation, Planning, and Design for Emerging Contaminants Removal —
Engineering Services (Grant/Loan Funded), RFQ No. UTL24-031 ("RFQ"); and
WHEREAS, the CITY determined that VENDOR was qualified for appointment to perform the scope
of services set forth in the RFQ; and
WHEREAS, the CITY Commission on �csn c)-1 , 2025, determined that VENDOR
was qualified for appointment to perform the scope of servicc, set forth in the RFQ; and
NOW, THEREFORE, in consideration of the mutual covenants expressed herein,the parties agree
as follows:
ARTICLE 1 — SERVICES.
1.1 VENDOR hereby agrees to perform all consulting and engineering services required for
the East and West Water Plant Upgrades and Treatment Options Evaluation, Planning,
and Design for Emerging Contaminants Removal — Engineering Services — (Grant/Loan
Funded), including the facilities plan for State Revolving Fund (SRF) Drinking Water
Program, design, bid document preparation, permitting, bidding assistance and
construction administration for construction projects at both plants based on the
recommended treatment option. The terms and conditions of RFQ No. UTL24-031 and the
VENDOR's proposal are expressly incorporated into this Agreement by reference. Any
conflict or discrepancy between the terms of this Agreement, RFQ UTL24-031, and
VENDOR's proposal, shall be resolved pursuant to the following order of precedence (1)
this Agreement (2) RFQ No. UTL24-031; and (3) VENDOR's Proposal.
1.2 VENDOR shall furnish all services, labor, equipment, and materials necessary and as may
be required in the performance of this Agreement, except as otherwise specifically provided
for herein, and all Services performed under this Agreement shall be done with the level
and skill ordinarily exercised by members of the profession currently practicing under
similar conditions in the same locality ("Standard of Care"). IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
SPECIFICALLY EXCLUDED.
1.3 VENDOR shall complete all work in accordance with the phases of services described
below, as more specifically described in the RFQ. The work will be further defined in a Task
Order issued for each phase. Each Task Order will include the specific scope, fees based
on established hourly rates, a schedule, and deliverables in accordance with Section 1.11
below.
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1.4 Phases of Professional Services
The services provided under this Agreement("Professional Services" or"Services") intended
to be compensated by the Fees shall be categorized into the following phases of service, as
applicable:
1. Pre-Design Analysis (or Planning/Study/Report) Phase (expected to complete within 9-12
months), attached to this agreement
2. Preliminary Design Phase and Estimated Construction Costs
3. Final Design and Construction Documents Phase and Estimated Construction Costs
4. Permitting Phase (expected to complete Phases 2, 3, 4 within 9 months)
5. Bidding and Negotiation Phase (expected to complete in 3-4 months)
6. Construction Administration and SCADA Implementation Phase (To be Determined)
7. Other requested services (To be Determined)
1.5 Pre-Design Analysis (or Planning/Study/Report) Phase
1.5.1 Scope. If the scope of Professional Services includes pre-design analysis or
preparation of planning/study/report, the VENDOR shall: i) Consult with the City regarding the
requirements and budget allocations for the scope of services/Project and review available
data; ii) Advise the City as to the necessity of any additional services from other technical
professionals; iii) Provide analyses of the City's needs, surveys, site evaluations,environmental
assessments, utility locations and comparative studies of solutions; and iv) Provide a general
economic analysis of the requirements applicable to various alternatives; and identify any areas
of the task that can be properly value-engineered to produce a savings in the Project
construction cost.
1.5.2 Deliverables:
(a) If the scope of Professional Services includes design services:
i. Prepare conceptual design criteria with appropriate sketches or exhibits, and
identify in a clear manner the considerations involved and the alternative solutions
available, as well as VENDOR's recommendations (the "Pre-Design Analysis"). The
Pre-Design Analysis may include any pilot or bench scale study, shall be accompanied
by VENDOR's preliminary estimate of total construction costs for the Project. Provide
short term solutions to meet EPA requirements until recommended alternative
treatment process construction is completed.
(b) If the scope of Professional Services includes a Study or Report: Prepare a report
which report shall identify in a clear manner the issue and considerations involved;
VENDOR's findings; the alternative solutions available, estimated costs, as well
as VENDOR's recommendations; and shall include appropriate exhibits (the
"Study Report"). Will require a Facility Plan with the alternative options evaluation
to meet DWSRF loan requirements.
1.5.3 Presentations. If requested by City, VENDOR shall attend meeting(s) with City
Commissioners and/or City administration and may be asked to prepare and make presentation
of the Study Report or Pre-Design Analysis.
1.6 Preliminary Design Phase
1.6.1 Scope. If the scope of Professional Services includes Preliminary Design,
VENDOR shall address City's comments to the Pre-Design Analysis, and shall prepare the
preliminary design package. The preliminary design package shall include the following:
(a) preliminary design drawings (20-30%), including design criteria and sketches or
exhibits, including elevations, sections, site plan and additional renderings, showing
the scale and relationship of project components.
(b) outline of technical specifications.
(c) Estimated Construction Cost. in accordance with Section 5.
(d) Location map exhibits and renderings
(e) Survey and existing utilities as-builts
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(f) Utilities coordination documentations
(g) Environmental documents (if applicable)
(the "Preliminary Design Package").
1.6.2. Deliverable:The Preliminary Design Package for review and comment by the City.
1.6.3 Outreach. If requested, VENDOR shall assist the City with any public
communication/information program during this phase or any other phase of the project,
including neighborhood presentations. Such assistance shall include the development of
presentation material and attendance at public meetings.
1.6.4. Presentations. If requested by City, VENDOR shall attend meeting(s) with City
administration and/or City Commission and may be asked to prepare and make presentation
of the Preliminary Design Package and Estimated Construction Cost.
1.6.5 Loan/Grant management and reporting. If requested, VENDOR shall assist the
City with managing and reporting requirements for any loan (including State Revolving Fund
(SRF)) or grants that may be used for funding the project/study. VENDOR will assist the City
in identifying and following any procurement requirements for the particular funding mechanism
used.
1.7 Final Design—Construction Documents Phase
1.7.1 Scope. If the scope of Professional Services includes design development of
construction documents, then on the basis of the accepted Preliminary Design Package and
Estimated Construction Cost of the project, the VENDOR shall prepare, for attachment to the
forthcoming construction contract, final construction drawings identifying and describing the
scope, extent and character of the work to be furnished and performed by contractor(s), which
comply with all applicable building codes, laws and regulations, including loan/grant/other
funding mechanism requirements(the"Final Drawings")and technical specifications of design
component for construction of the Project (the "Technical Specifications") at 60%, 90% and
100% completion. The Specifications are to be prepared in conformance with the sixteen
division format provided by the Construction Specifications Institute. The Technical
specifications shall include a Measurement section for the bid items.
1.7.2 Schedule of bid items. Prepare, for review and acceptance by the City, a proposed
schedule of bid items.
1.7.3 Estimated Construction Cost. In accordance with Article 5, modify the Estimated
Construction Cost of the project necessitated by the Construction Drawings and Specifications.
In the event that the Estimated Construction Cost of the Project, when combined with the total
Professional Services Fee and costs; plus any Construction Contingency or allowances
established by the City, exceeds the total amount budgeted for the project as established by
the City, then the VENDOR shall revise and/or redesign the documents to bring the designs
back within the budgeted amount, unless the City provides written approval that the Estimated
Construction Cost exceeds the project budget. If the reason that the Estimated Construction
Cost exceeds the budget is reasonably foreseeable at the time of performing the Professional
Services, VENDOR shall provide written notification identifying the specific reason to the City
immediately upon VENDOR determination that the Estimated Construction Cost may exceed
the project budget, and in such case, shall await further direction from the City before
proceeding further with the Professional Services. If the reason that the Estimated Construction
Cost exceeds the budget was reasonably foreseeable at the time of performing the
Professional Services, and the VENDOR does not notify the City and obtain written approval
from the City that the Estimated Construction Cost exceeds the project budget, VENDOR shall
revise and/or redesign the documents at its own cost and expense to bring the designs back
within the budgeted amount.
In providing opinions of cost,financial analyses, economic feasibility projections,for the project,
VENDOR has no control over cost or price of labor and materials; unknown or latent conditions
of existing equipment or structures that may affect operation or maintenance costs; competitive
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bidding procedures and market conditions; time or quality of performance by operating
personnel or third parties; and other economic and operational factors that may materially affect
the ultimate project cost or schedule. Therefore, VENDOR makes no warranty that the City's
actual project costs, financial aspects, economic feasibility, will not vary from VENDOR'S
opinions, analyses, projections, or estimates and VENDOR'S shall have no liability for such
variances.
1.7.4 Deliverables:
(a) 60% Construction Drawings, Estimated Construction Cost and draft Technical
Specifications in editable electronic format(docx,.xls, dwg, and .pdf)for the review
and comments of the City;
(b) 90% Construction Drawings, Estimated Construction Cost and draft Technical
Specifications in editable electronic format(docx,.xls, dwg, and .pdf)for the review
and comments of the City;
(c) 100% Construction Drawings, Estimated Construction Cost and draft Technical
Specifications in editable electronic format(docx,.xls, dwg, and .pdf)for the review
and comments of the City;
(d) Final signed and sealed sets of final Construction Drawings, Technical
Specifications and Estimated Construction Cost in electronic format (the
"Construction Drawings and Technical Specifications") along with all
supporting calculations; and any associated documents;
(e) Schedule of bid items;
(f) Estimated Construction Costs within project budget, unless otherwise accepted
in writing by the City.
(g) In accepting or using any electronic format/files CITY agrees that all such
electronic format/files are instruments of professional service and VENDOR
shall remain the owner of electronic format/files. Copies of documents that may
be relied upon by the CITY are limited to the printed copies or stamped .pdf files
(also known as hard copies) provided by VENDOR. Any conclusion or
information obtained or derived from such electronic format/files will be at the
CITY's sole risk. In the event of a conflict between the hard copies prepared by
VENDOR and the electronic format/files, the hard copies shall govern. Except
as otherwise required by law, CITY agrees not to transfer these electronic
format/files to others without the prior written consent of VENDOR and further
agrees to waive all claims against VENDOR resulting in any way from any
unauthorized alterations, modifications, and/or additions to the electronic
format/files as well as reuse of the electronic format/files for any other project.
1.8 Permitting Phase
1.8.1 Scope. If the scope of Professional Services includes permitting, then in consultation
with the City and on the basis of the Construction Drawings and Technical Specifications and
Estimated Construction Cost of the project, VENDOR shall prepare all necessary permit
applications for submission with the Construction Drawings and Technical Specifications to the
regulatory agencies for appropriate permits or other approvals.VENDOR shall provide technical
criteria, written descriptions and design data for the City's and VENDOR's use in filing
applications for permits with or obtaining approvals of such governmental authorities as have
jurisdiction to approve the design of the project. VENDOR shall respond to any comments or
requests for information from permitting authorities and assist the City in consultations with
appropriate authorities.
1.8.2 Permits. In the event that the Construction Drawings and Technical Specifications are
not granted the necessary or appropriate permits or other approvals from the appropriate
regulatory agencies due to design issues, VENDOR shall revise and/or redesign the documents
at its own cost and expense to ensure the necessary permits and approvals are granted.
1.8.3 Permit Fees. Permit applications fees shall be determined by VENDOR and paid by
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the City.
1.9 Construction Bidding and Negotiation Phase
1.9.1 Scope. If the scope of Professional Services includes the Construction Bidding and
Negotiation Phase, then in consultation with City and on the basis of the Construction Drawings
and Technical Specifications, VENDOR shall review price tabulation sheets and assist the City
in evaluating bids or proposals and consult with and advise the City as to the acceptability of
subcontractors, suppliers and other persons and organizations proposed by the prime
contractor(s) for those portions of the work as to which such acceptability is required by the
procurement documents. VENDOR will identify any areas of the Project that may be properly
value-engineered to produce a savings in the construction cost. VENDOR may be required to
assist the City's Procurement Division in the preparation of addenda or written clarifications of
additional instructions, to interpret, clarify or expand the procurement documents.
1.9.2 Bidding assistance, if requested. Only if requested, VENDOR may be required to:
(a) Participate in any pre-bid conferences and/or attend the bid opening;
(b) Assist the City in negotiating proposals for each separate prime contract for
construction, materials, equipment, and services.
1.10 Construction Administration Phase
1.10.1 Scope. If the scope of Professional Services includes the Construction
Administration Phase, VENDOR shall consult with and advise the City and act as Owner's
representative on the Project. VENDOR may be required to provide full time inspection staff as
owner's representative to closely coordinate all activities with Plant operations on a daily to
weekly basis. VENDOR will have limited authority to act on behalf of the City as specifically
provided in this Agreement.
(a) Site visits. VENDOR shall conduct site visits in accordance with Section 1.10.2,
herein.
(b) Meetings. VENDOR shall conduct weekly meetings with the City and contractor(s).
VENDOR shall be responsible for preparing weekly meeting minutes and
distributing them to all in attendance.
(c) Interpretations. VENDOR shall issue necessary interpretations and clarifications of
the Construction Drawings and Technical Specifications and may issue additional
instructions, by means of drawings, minor change orders or otherwise, necessary
to illustrate changes in the work. Change orders shall comply with Section 1.10.3
below.
(d) Shop drawings; Samples. VENDOR shall timely review and approve or take other
appropriate action with respect to shop drawings, samples, the acceptability of
substitute materials and equipment proposed by contractor(s), and other data that
the contractor(s) are required to submit to ascertain conformance to the
Construction Drawings and Technical Specifications. VENDOR shall complete its
review of submittals, shop drawings, samples and other data shall be completed so
as not to delay the progression of the work or within fourteen (14) calendar days of
receipt. The City shall be entitled to rely upon the approval of VENDOR that the
shop drawings, product data, and samples approved by VENDOR conform with the
Technical Specifications and design specified in the Construction Drawings, as may
be amended. Such reviews and approvals or other action shall not extend to the
means, methods, techniques, sequences or procedures of construction or to safety
precautions and programs incident thereto.
(e) Testing. VENDOR shall be obliged, in its role as the representative of the City on
the project, to require special inspection or testing of the work, and shall receive
and review all certificates of inspections, testing and approvals as required by laws,
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rules, regulations, ordinances, codes, orders or the contract documents to
determine that the work complies with the requirements of, and that the results
certified indicate compliance with the Technical Specifications.
(f) Review of payment applications. VENDOR shall review applications for payment
and the accompanying data and schedules,VENDOR shall determine the amounts
owing to contractor(s) and recommend in writing payments to contractor(s) in such
amounts. Such recommendations of payment will constitute a representation to the
City, based on such observations and review, that the work has progressed to the
point indicated, and that, to the best of VENDOR's knowledge, information and
belief, the work is in accordance with the Construction Drawings and Technical
Specifications. Such recommendations do not represent that continuous or detailed
examinations have been made by VENDOR to ascertain that the construction
contractor(s) have completed the work in exact accordance with the construction
documents; that the final work will be acceptable in all respects; that VENDOR has
made an examination to ascertain how or for what purpose the construction
contractor(s) have used the moneys paid; that title to any of the work, materials, or
equipment has passed to the City free and clear of liens, claims, security interests,
or encumbrances; or that there are not other matters at issue between the City and
the construction contractors that affect the amount that should be paid.
(g) Documentation review. VENDOR shall receive and review maintenance and
operating instructions, schedules, guarantees, bonds and certificates of inspection,
tests and approvals, which will be assembled by contractor(s) in accordance with
the construction contract. Such review shall be limited to a determination by
VENDOR that the content of said documents and instruments complies with the
design intent of construction contract. In the case of certificates of inspection,tests
and approvals, such review shall be limited to a determination that the results
certified indicate compliance with, the design intent of construction contract.
VENDOR shall thereafter transmit said documents and instruments to the City with
written comments and, if applicable, recommendations regarding same, prior to
determination of substantial completion.
(h) Substantial Completion Inspection. VENDOR shall conduct substantial completion
inspection(s)to develop the"punchlist" and to determine if the work is substantially
complete; such inspection to be scheduled within three (3) days of notice of
substantial completion. Said punch list shall be prepared and signed by VENDOR
and the City and delivered to contractor not later than three(3) calendar days after
the walkthrough. If necessary,VENDOR shall assist in any mediation between City
and contractor to develop an agreed punch list.
(i) Final Inspection. VENDOR shall conduct a final inspection to determine if the
completed work is in compliance with the punch list, "as-built" drawings" and the
Construction Drawings, Technical Specifications, and construction contract
documents. Within three (3) business days following such determination of
compliance by VENDOR, VENDOR shall recommend in writing final payment to
contractor(s) and shall give written notice to City and contractor(s)that the work is
acceptable, subject to any conditions expressed in such recommendation.
1.10.2 Site visits. VENDOR shall visit the construction site at intervals appropriate to the
various stages of construction as VENDOR deems necessary or as the City requests in order
to enable VENDOR to observe as an experienced and qualified design professional the progress
and quality of the various aspects of contractor(s)' work is in accordance with Construction
Drawings and Technical Specifications. Based on information obtained during such visits and
on such observations, VENDOR shall advise City whether (i) the work is proceeding in
accordance with the Construction Drawings and Technical Specifications,and(ii)the integrity of
the design concepts have been implemented and preserved by the contractor(s).VENDOR shall
keep the City informed of the progress of the work in the manner and frequency requested by
the City. During such visits and on the basis of such observations,VENDOR may disapprove of
or reject contractor(s)' work while it is in progress if VENDOR believes that such work will not
produce a completed project that conforms generally to the design intent of contract documents
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or that it will prejudice the integrity of the design of the project as reflected in the Construction
Drawings and Technical Specifications. VENDOR shall notify the City within twenty-four (24)
hours of the discovery of such conditions that stoppage of the work may be necessary to support
the proper execution of the Construction Drawings and Technical Specifications or to protect
the public and/or property. VENDOR shall sign any Stop Work Notice issued by the City.
VENDOR shall also have authority to reject all work, materials and equipment which do not
conform to the Construction Drawings and Technical Specifications and to decide questions
raised by contractor which arise in the execution of the work.
1.10.3 Change orders.VENDOR shall prepare work change directives and change orders
as required or requested by the City. VENDOR will provide a response to the contractor and
City with respect to a request for change order within a reasonable amount of time after receipt
of contractor's notice and all necessary backup information required by VENDOR to formulate
a response. VENDOR will have authority to make minor changes in the work which: (1) do not
result in extra cost; and (2) do not extend the timeline for completion of the project, and (3) are
not inconsistent with the purpose of the work. VENDOR is not authorized to bind the City to
changes in contract price or time.
1.10.4 Contractor claims. VENDOR will make decisions in writing on all claims of the
contractor(s), and on all other matters relating to the execution and progress of the work or the
interpretation of the Construction Drawings and Technical Specifications and contract
documents.All such decisions of VENDOR shall be final. In the event of any unresolved dispute
between City and its contractor(s),VENDOR may mediate a meeting with City and contractor(s)
to resolve the dispute. Notwithstanding the foregoing, VENDOR will not be an arbitrator of
disputes between City and its contractor(s).
1.10.5 No contractor supervision. VENDOR will not, either during site visits oras a result
of observations of contractor(s)' work in progress, supervise, direct or have control over
contractor(s)' work. Nor shall VENDOR have authority over or responsibility for the means,
methods, techniques, sequences or procedures of construction selected by contractor(s), for
safety precautions incident to the work of contractor(s) or for any failure of contractor(s) to
comply with laws, rules, regulations, ordinances, codes or orders applicable to contractor(s)
furnishing and performing their work. Accordingly, it is understood that VENDOR can neither
guarantee the performance of the construction contracts by contractor(s) nor assume
responsibility for contractor(s)' failure to furnish and perform their work in accordance with the
contract documents. VENDOR shall not be required to make any examination to ascertain how
or for what purpose any contractor has used the monies paid on account of the contract price,
or to determine that title to any of the work, materials or equipment has passed to City free and
clear of any lien, claims, security interests or encumbrances, or that there may not be other
matters at issue between City and contractor that might affect the amount that should be paid.
The limitations in this section shall not limit the responsibility of VENDOR otherwise set forth in
this Agreement.
VENDOR is NOT authorized to do the following:
a. Expedite the work for the contractor(s).
b. Advise the contractor(s)on building techniques or scheduling.
c. Get involved in disputes or problems between contractor(s) and
subcontractor(s).
1.10.6 Deliverables.
(a)Weekly project meeting minutes;
(b) Recommendations regarding payment applications;
(c)Transmittal of maintenance and operating instructions, schedules, guarantees,
bonds and certificates and inspection, tests and approvals (assembled by
contractor(s)) with written comments and, if applicable, recommendations
regarding same;
(d) Punch list of items to be completed by contractor after substantial completion;
(e)Recommendation of final payment to the contractor(s)and written notice to City
that the work is complete and reasonably conforms with the Construction Drawings
and Technical Specifications.
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1.10.7 Presentation. If requested by City,VENDOR shall attend additional City meeting(s)
and may be asked to make presentation of the project status or any issues or concerns.
1.11 Task Orders. Each Task Order issued pursuant to this Agreement shall include:
(a) a scope of services in accordance with the applicable phases of Professional Services
described above.
(b) a detailed estimate of fees and costs based on the hourly rates established in this Agreement;
(c) a task/deliverable schedule; and
(d) a payment schedule based on deliverables
Upon mutual agreement of the scope of services, fees, and costs, task/deliverable schedule, and
payment schedule, a written Task Order for the applicable phase, in a form substantially similar to
that attached hereto as Exhibit A, shall be executed by VENDOR and City.
1.12 Requirement for Drawings and Plans.
Unless otherwise set forth in the scope of services, plans shall be based on the North American
Datum of 1983, 1190 Adjustment, and the North American Vertical Datum of 1988. All drawings
and plans shall be accurate, legible, complete in design, drawn to scale, and suitable for bidding
purposes.
1.13 VENDOR assumes responsibility for performance of its services to be provided hereunder
in accordance with the Standard of Care. If within one year following completion of its services,such
services fail to meet the Standard of Care (as defined in Article 1.2), and the CITY promptly advises
VENDOR thereof in writing, VENDOR agrees to re-perform such deficient services without charge
to the CITY.
1.14 The relationship between CITY and VENDOR created hereunder and the services to be
provided by VENDOR pursuant to this Agreement are non-exclusive. CITY shall be free to pursue
and engage similar relationships with other contractors to perform the same or similar services
performed by VENDOR hereunder, so long as no other consultant shall be engaged to perform the
specific project(s) assigned to VENDOR while VENDOR is so engaged without first terminating
such assignment. VENDOR shall be free to pursue relationships with other parties to perform the
same or similar services, whether or not such relationships are for services to be performed within
the CITY, so long as no such relationship shall result in a conflict of interest, ethical or otherwise,
with the CITY's interests in the services provided by VENDOR hereunder.
1.15 VENDOR shall not utilize the services of any sub-consultant without the prior written
approval of CITY.
1.16 The CITY's Representative during the performance of this Agreement shall be Bryan Heller.
1.17 The VENDOR'S Representative during the performance of the Agreement shall be GJ
Schers.
ARTICLE 2 -COMPLETION SCHEDULE.
2.1 Term and Time For Performance. The Term of this Agreement shall commence upon the
complete execution of this Agreement by both parties and the Issuance of a Purchase Order by the
CITY to the VENDOR, and continue until completion of the project. VENDOR shall perform all
services and provide all work products and deliverables required in accordance with the schedule
set forth below and the project schedule established in each specific Task Order, based upon the
stipulations of the grant award.
All Planning and Design Activities shall be completed no later than the date set forth below:
a. Invoices submitted for work performed on or after November 8, 2023, may be eligible for
reimbursement.
b. Completion of all Planning and Design Activities for all Project facilities proposed for loan
funding shall be completed no later than February 15, 2026.
2.2 Delay.
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2.2.1 VENDOR's Professional Services shall be timely performed in compliance with the Project
schedule or as amended in a writing executed by both parties. If VENDOR is delayed at any time
in the progress of its Professional Services by any act, failure to act or neglect of the City, or any
separate consultant or contractor hired directly by the City, or by occurrences beyond the control
and without any fault or negligence of VENDOR, VENDOR shall provide to the City, within five (5)
working days of the date the delay began, written notice of the delay. Provided VENDOR has timely
notified the City of such delay,the City shall amend the schedule in writing,for the time delay actually
caused by such occurrence, as determined by the City in its sole discretion. This extension of time
shall be VENDOR's sole and exclusive remedy attributed to such delay.
2.2.2 Subject to Article 2.2.1, VENDOR acknowledges responsibility for any delay suffered by
the City as a result of VENDOR's negligent, reckless, or intentional wrongful actions or inactions.
In the event that the City suffers delay to the extent caused by VENDOR aforesaid actions or
inactions, the City, in its sole discretion, said discretion to be exercised reasonably and in good
faith, shall have the right and be entitled to terminate this Agreement if VENDOR fails to cure such
delay upon five (5) day's written notice and such termination shall not be construed to constitute a
breach of this Agreement by the City.
ARTICLE 3— PROFESSIONAL SERVICES FEE& EXPENSES.
3.1 Compensation.
The professional services Fee and administrative reimbursements to be paid by the City to
VENDOR, for all Professional Services of both VENDOR and any of its subcontractors under this
Agreement for attached Task Order 1 shall not exceed: seven hundred and seventy thousand dollars
($770,000). This compensation amount shall be the sole amount paid to VENDOR. The
compensation may be adjusted, if necessary, by a written amendment, duly approved and executed
by VENDOR and City, provided the City's budget includes, or is adjusted to include, the entire Fee.
3.2 Fee Schedule.
A detailed Fee Schedule, tied to the deliverables shall be attached as Exhibit B. The Fee Schedule
shall detail the hourly rates, number of hours and a payment schedule that shall not be front-loaded.
3.2.1 Rates. VENDOR's hourly rates for every position or level of profession or staff for whom time
will be invoiced under this Agreement shall be included in the Fee Schedule attached as
Exhibit B and incorporated into this Agreement. All such rates shall be effective for the term
of this Agreement. The fixed hourly costs for all positions will be applicable to both in-house
professional engineering services and professional engineering services at the VENDOR
firm's place of business.
3.2.2 Expenses. The Fee Schedule shall include all administrative out-of-pocket expenses to be
reimbursed under this Agreement.
3.2.3 Supporting Documents. VENDOR shall maintain complete and orderly documentation
underlying all of its invoiced out of pocket expenses, including copies of paid receipts, invoices,
or other documentation acceptable to the City. Such documentation shall be sufficient to
establish that the expenses were actually incurred and necessary in the performance of the
Professional Services.
3.2.4 Mark-Up. Any out-of-pocket costs shall not be marked up more than three percent (3%).
3.2.5 Travel Expenses. Any agreed travel, per diem, mileage, meals, or lodging expenses, the cost
of which are subject to the City's prior written approval, shall be paid in accordance with the
rates and conditions established by the City's Travel Policy, a copy of which has been provided
to VENDOR, or the applicable law or ordinance.
3.3 Subcontracts. VENDOR may invoice for Professional Services related to the sub-contractual
services at the established hourly rates in the Fee Schedule.
ARTICLE 4—INVOICES AND PAYMENT.
The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with
the Fee Schedule as follows:
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a. Payment as provided in this section by the CITY shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment, and incidentals necessary to
complete the work.
b. The VENDOR may submit invoices to the CITY a maximum of once per month during the
progress of the work for partial payment. Such invoices will be reviewed by the CITY to
determine if services have been rendered in conformity with this Agreement, and upon approval
thereof, payment will be made to the VENDOR in the amount approved.
c. Invoices must identify the PO number and contract number.
d. Invoices shall be submitted to: Bryan Heller. And shall be concurrently e-mailed to the City's
Representative.
e. Invoices requesting reimbursement of expenses shall include copies of all documentation of
the expenses, to the satisfaction of the CITY.
f. Final payment of any balance due to the VENDOR 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.
g. Prior to final payment of the amount due under the terms of this Agreement, to the extent
permitted by law, a final waiver of lien shall be required to be submitted by the VENDOR, as
well as all suppliers and subcontractors whom worked on the project that is the subject of this
Agreement. Payment of the invoice and acceptance of such payment by VENDOR shall
release CITY from all claims of liability by VENDOR in connection with this Agreement.
h. Final Invoice: In order for both parties herein to close their books and records, the VENDOR
will clearly state"Final Invoice"on the VENDOR's final/last billing to the CITY. The Final Invoice
shall be submitted to the CITY no later than four(4) months after completion of all Professional
Services. The Final Invoice certifies that all services have been properly performed and all
charges and costs owed in connection with this Agreement have been invoiced to the CITY.
Since this account will thereupon be closed, any other further charges if not properly included
on the Final Invoice are considered waived by the VENDOR.
i. The VENDOR'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 five (5) years after the
termination of the Agreement. Copies shall be made available upon request.
j. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in
Part VII, Chapter 218, Florida Statutes.
ARTICLE 5— ESTIMATED CONSTRUCTION COSTS
5.1 Included in Estimated Construction Cost
The Estimated Construction Cost of a project shall include the total cost to City of all elements of the
entire project designed and specified by VENDOR; including an itemization of each of the following:
a. Cost of construction including all labor, materials and equipment required; including but not
limited to, an estimated statement of proposed hourly rates and labor costs by job classification;
general conditions, bonds and insurance, etc.;
b. Allowance for construction cost contingencies;
c. Regulatory permit fees;
d. Allowance for other necessary services, such as materials testing, to be provided by others for
the City;
e. Traffic Control, when applicable;
f. Sheet and shoring, when applicable;
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g. By-pass plumbing, when applicable;
h. Pressure Testing, when applicable;
i. Video Taping Inspections, when applicable;
j. Mobilization and De-mobilizations.
5.2 Excluded in Estimated Construction Cost
The Estimated Construction Cost shall exclude VENDOR's Fee.
5.3 Adjustment to Estimated Construction Cost
VENDOR acknowledges that the Estimated Construction Costs shall be prepared by VENDOR
in accordance with the Standard of Care. VENDOR further represents that it has the necessary
resources and expertise, including a cost analyst for Estimating Construction Costs based on the
best information available. In the event that the bidding phase has not commenced within three (3)
months after VENDOR submits the Construction Drawings and Technical Specifications and
Estimated Construction Cost of the project to the City, the Estimated Construction Cost of the
project may be adjusted by VENDOR to reflect any documented change in the general level of
prices in the construction industry between the date of submission of the Estimated Construction
Costs to the City and the date on which the construction procurement solicitation is ultimately
advertised.
5.4 Bidding Phase and Estimated Construction Cost
In the event that a least two (2) responsive and responsible bids are received, and the lowest"best
value" bid, as such term is used in the City of Boynton Beach Procurement Code, excluding any
alternate bid items ("base bid"), exceeds the Estimated Construction Cost for a project by more
than ten percent (10%), the VENDOR shall analyze in writing, the reasons why the bids or
proposals may have exceeded the ten percent (10%)factor following the analysis of all base bids.
In such a circumstance,the City may at its sole discretion, exercise any one or more of the following
options: (1) VENDOR shall revise the Construction Drawings and Technical Specifications along
with the Estimated Construction Cost, to enable the project to conform to ten percent (10%) above
the Estimated Construction Costs of the project and the City's project budget with such
amendments subject to the written final acceptance and approval of the City; (2) VENDOR shall
assist the City with, re-bidding services and related items(including costs associated with regulatory
review and approval of revised documents) as many times as requested by the City until the base
bid of at least one "best value" bid falls within the factor of ten percent (10%) of the Estimated
Construction Cost of the project; (3) City may grant approval of an increase in the Estimated
Construction Cost of project; (4)City may abandon the project and terminate this Agreement; or(5)
City may select as many deductive alternatives as may be necessary to bring the award within ten
percent (10%) of the Estimated Construction Costs of the project. Notwithstanding the foregoing,
VENDOR shall be compensated for any additional effort pursuant to this Section 5.4 except where
VENDOR failed to conform to the Standard of Care.
ARTICLE 6—MODIFICATIONS TO THE SCOPE
Notwithstanding the foregoing provisions, the City reserves the right to make changes to a project or the
scope of Professional Services at any time, including alterations, reductions or additions thereto. Upon
receipt by VENDOR of City's notification of a contemplated change, VENDOR shall in writing: (i) provide a
detailed estimate for the increase or decrease in VENDOR's Fee and other design costs that would result
from the contemplated change; (ii) provide a detailed estimate for the increase or decrease in Estimated
Construction Costs that would result from the contemplated change; (iii) notify the City of any estimated
change in the completion date; and (iv) advise the City how the contemplated change shall affect the
VENDOR's ability to meet the completion dates or schedules. If the City so instructs in writing, VENDOR
shall suspend work on the portion of the scope of services affected by a contemplated change, pending the
City's decision to proceed with the change. If the City elects to make the change, the parties shall execute
a written amendment to this Agreement and VENDOR shall not commence work on any such change until
such amendment is signed by the parties. It is further acknowledged and agreed that changes to
Deliverables, or revisions of studies, that do not increase or change the overall estimate of time under the
schedule shall be considered mere substitution of work for scope of work ("Substituted Services") already
included in the Fee. Substituted Services shall not in any circumstances be considered compensable as
other expenses, and, to the extent that the event of Substituted Services causes an overall reduction in the
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amount of time for services considered in the Fee Schedule, such shall result in pro-rata reduction of the
Fee.
ARTICLE 7—OWNERSHIP AND USE OF DOCUMENTS.
Excluding VENDOR's pre-existing intellectual property, all plans, drawings, calculation, construction
documents, technical specifications, sketches, photographs, videos, illustrations, tracings, PowerPoint
presentations,specifications, maps, computer files and/or studies or reports prepared or obtained under this
Agreement, as well as all data collected,together with summaries and charts derived therefrom, regardless
of form or format, will be considered works made for hire and, upon payment by the City of the Fee for
same, will become the exclusive property of the City without restriction or limitation on their use and will be
made available, upon request, to the City upon request and/or upon completion or termination of this
Agreement. City shall not be required to pay any additional charges for the City's documents and records.
Documents can be provided to the City electronically. Upon delivery to the City of said document(s), the City
will become the custodian thereof in accordance with Chapter 119, Florida Statutes. Vendor will not
copyright any material and products or patent any invention developed under this Agreement. Vendor
specifically waives and releases all rights which Vendor may have in the materials, products or invention
pursuant to 17 U.S.C. §§106A and 113(d). Vendor acknowledges and affirms that pursuant to 17 U.S.C.
§106A1 such waiver and release shall be effective as to any and all uses foreseeable and unforeseeable for
which such materials, products or invention might be subject. Vendor waives and assigns to City all
copyrights under 17 U.S.C. §101, et seq., and all other rights in the materials, products, invention and any
work produced. Any reuse of Vendor's prepared documents by the City, except for the specific purpose
intended under this Agreement,will be at City's sole risk and without liability or legal exposure to Vendor or
its sub-consultants.
a. Obligation to Furnish Documents to the City. Vendor shall deliver to the City for approval
and acceptance, and before being eligible for final payment of any amounts due under this
Agreement, all documents and materials prepared for the City in connection with this
Agreement. All such documents and records shall be provided within a reasonable time at no
additional cost. Such documents may be provided electronically.
b. Vendor's Records. Notwithstanding any other provision in this Section, Vendor shall be
entitled to retain a copy of all plans, drawings, calculation, construction documents, technical
specifications, sketches, photographs,videos, illustrations,tracings, PowerPoint presentations,
specifications, maps, computer files and/or studies or reports prepared or obtained under this
Agreement,as well as all data collected,together with summaries and charts derived therefrom,
for Vendor's records only as is necessary for VENDOR to document its professional services.
Vendor acknowledges that plans, drawings, documents, and records related to the physical
security of City facilities or security systems are exempt or confidential records and shall not
be disclosed by Vendor, except as authorized by law and specifically authorized by City.
ARTICLE 8—GENERAL TERMS
a. Fundinq. This Agreement shall remain in full force and effect only as long as the
expenditures provided in the Agreement have been appropriated by the CITY in the annual
budget for each fiscal year of this Agreement, and is subject to termination based on lack of
funding.
b. Representations. VENDOR represents to the CITY that it is competent to engage in the
scope of services contemplated under this Agreement and that it will retain and assign qualified
professionals to all assigned projects during the term of this Agreement. VENDOR's Services
shall meet the Standard of Care. In submitting its response to the RFQ, VENDOR has
represented to CITY that certain individuals employed by VENDOR shall provide services to
CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore,
VENDOR shall not change the designated Project Management consultant for any project
without the advance written approval of the CITY, which consent will not be unreasonably
withheld by the CITY.
c. Licensed. VENDOR represents that it is duly licensed in Florida to perform the Professional
Services under this Agreement and that it will continue to maintain all licenses and approvals
required to conduct its business.
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d. Design and Constructability. Subject to Article 1.2,VENDOR hereby represents to City that
where Professional Services includes development of Construction Drawings and Technical
Specifications, such project: (i) is and shall be designed with no material defects in design,
determined in accordance with sound architectural and engineering principles, as applicable,
and generally accepted industry standards; (ii) is and shall be designed in accordance with
generally accepted architectural and engineering standards, as applicable, and (iii) is
constructible. Without waiver of City's other rights and remedies, City may require VENDOR to
perform again, at VENDOR's sole cost and expense, any design services which were not
performed in accordance with the requirements and standards set forth in this Agreement.
VENDOR hereby waives any claims which it may have or assert against the City with respect
to this section, except and unless and failure of VENDOR to perform, in whole or in part, is due
to the action or inaction of the City. Without limiting any other remedy available to City, the
VENDOR shall furnish at its own expense any redesign or revisions to the Construction
Documents and Technical Specifications necessary to correct any material errors, omissions,
failures or deficiencies in such documents, and shall, at its sole cost and expense, correct any
work performed in accordance with deficient documents. The City's review or approval of, or
payment for, any Professional Services or deliverables under this Agreement shall not be
construed as a waiver of any rights under this Agreement or any cause of action arising out of
performance under this Agreement. This section shall survive the expiration or termination of
this Agreement.
e. Indemnification. The VENDOR shall indemnify and hold harmless the CITY, its officers,
employees, and instrumentalities from any and all liability, losses or damages, including
attorneys' fees and costs of defense, through the conclusion of any appeals, which the CITY
or its officers, employees, agents or instrumentalities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out of, relating to and
resulting from the performance of this Agreement by the VENDOR, its employees, agents,
partners, principals or subcontractors but only to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of VENDOR or other persons employed or
utilized by VENDOR in the performance of this Agreement. The VENDOR shall pay all claims
and losses in connection therewith and shall investigate and defend all claims, suits, or actions
of any kind or nature in the name of the CITY,where applicable,including appellate proceedings,
and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party
to this Agreement shall be liable to any third party claiming directly or through the other
respective party, for any special, incidental, indirect, or consequential damages of any kind,
including but not limited to lost profits or use that may result from this Agreement or out of the
services or goods furnished hereunder. PURSUANT TO F.S. SEC. 558.0035, AN
INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD LIABLE FOR
NEGLIGENCE. VENDOR obligations hereunder shall not apply to the extent caused
by the negligence of any Indemnities.
To the extent considered necessary by the City, any sums due VENDOR under this Agreement
may be retained by City until all of City's claims for indemnification have been resolved, and
any amount withheld shall not be subject to the payment of interest by City. This indemnification
agreement is separate and apart from, and in no way limited by, any insurance provided
pursuant to this Agreement or otherwise. The parties understand and agree that the covenants
and representations relating to this indemnification provision shall survive the term of this
Agreement and continue in full force and effect as to the party's responsibility to indemnify.
Nothing contained herein is intended nor shall be construed to waive CITY's rights and
immunities under the common law or §768.28, Fla. Stat., as may be amended from time to
time.
The limitations and exclusions of liability set forth in this subsection shall apply regardless of the
type of claim, fault, breach of contract, tort (including negligence), strict liability, or otherwise of
either party, its employees, or subconsultants.
f. Insurance. During the performance of the services under this Agreement, VENDOR shall
maintain the following insurance limits. All policies shall be written by an insurance company
authorized to do business in Florida. VENDOR shall be required to obtain all applicable
insurance coverage, as indicated below, prior to commencing any service pursuant to this
Agreement:
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i. Worker's Compensation Insurance: The VENDOR shall procure and maintain for
the life of this Agreement, Worker's Compensation Insurance covering all employees
with limits meeting all applicable state and federal laws. This coverage shall include
Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. The policy must contain a waiver
of subrogation in favor of the CITY of Boynton Beach, executed by the insurance
company.
ii. Commercial General Liability: The VENDOR shall procure and maintain for the life
of this Agreement, Commercial General Liability Insurance. This coverage shall be on
an"Occurrence"basis. Coverage shall include Premises and Operations; Independent
consultants, Products-Completed Operations and Contractual Liability. This policy
shall provide coverage for death, personal injury, or property damage that could arise
directly or indirectly from the performance of this Agreement. VENDOR shall maintain
a 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. The general
liability insurance shall include the CITY as an additional insured and shall include a
provision prohibiting cancellation of the policy upon thirty (30) days prior written notice
to the CITY.
iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life
of this Agreement, Business Automobile Liability Insurance. The VENDOR shall
maintain an amount of$1,000,000 combined single limit for bodily injury and property
damage liability to protect the VENDOR from claims for damage for bodily and personal
injury,including death,as well as from claims for property damage,which may arise from
the ownership, use of maintenance of owned and non-owned automobile, included
rented automobiles,whether such operations be by the VENDOR or by anyone directly
or indirectly employed by the VENDOR.
iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall
procure and maintain for the life of this Agreement in the amount of
$4,000,000 per claim and in aggregate.
v. Umbrella/Excess Liability Insurance: in the amount of$1,000,000.00 as determined
appropriate by the CITY depending on the type of job and exposures contemplated.
Coverage must follow the form of the General Liability, Auto Liability and Employer's
Liability. This coverage shall be maintained for a period of no less than the later of
three (3) years after the delivery of goods/services or final payment pursuant to the
Agreement.
VENDOR shall provide the CITY with all Certificates of Insurance required under this section
prior to beginning performance under this Agreement. Failure to maintain the required
insurance will be considered a default of the Agreement.
The CITY shall be included as an additional insured, except on the Worker's Compensation
and Professional Liability policies. The coverage shall contain no limitations on the scope of
protection afforded the CITY, its officers, officials, and employees. A current valid insurance
policy meeting the requirements herein identified shall be maintained during the duration of this
Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or
canceled by either party, reduced in coverage in limits except after thirty (30) days prior written
notice by either certified mail, return receipt requested, has been given to the CITY.
The CITY reserves the right to reasonably require any additional insurance coverage or
increased limits as determined necessary by the Director of Human Resources and Risk
Management. The CITY reserves the right to review, modify, reject, or accept any required
limits, coverage, or endorsements throughout the term of the Agreement. Increased limits shall
be agreed to by both parties.
g. Independent Contractor. The VENDOR and the CITY agree that the VENDOR is an
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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 VENDOR nor any employee of VENDOR 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 VENDOR, or any
employee of VENDOR.
h. Covenant Against Contingent Fees. The VENDOR represents that he has not employed
or retained any company or person, other than a bona fide employee working solely for the
VENDOR, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the VENDOR 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.
i. Consultant's Competitive Negotiation Act. The parties confirm that the procurement of
the professional services under this Agreement was the subject of the competitive selection
and negotiation processes mandated by Section 287.055, Florida Statutes, unless specifically
exempted therefrom.
j. Truth-In-Negotiation Certificate.
a. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-
negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement is accurate, complete, and current as of
the date of the Agreement and no higher than those charged the VENDOR's most
favored customer for the same or substantially similar service.
b. The said rates and cost shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete,
or non-current wage rates or due to inaccurate representations of fees paid to outside
VENDORs. The CITY shall exercise its rights under this "Certificate" within one (1)
year following payment.
k. Discrimination Prohibited. The VENDOR, 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, gender, disability, marital status, political affiliation, pregnancy, gender identity, and
expression, sex or the presence of any physical or sensory handicap in the selection and
retention of employees, procurement of materials, supplies, or in performance of any Work
pursuant to this Agreement.
I. Non-Waiver. Any waiver by either party of any one or more of the covenants, conditions,
or provisions of this Agreement, shall not be construed to be a waiver of any subsequent or
other breach of the same or any covenant, condition or provision of this Agreement. Nothing in
this Agreement shall be interpreted to constitute a release of the responsibility and liability of
VENDOR, its employees, sub-contractors, agents, and sub-consultants for the accuracy and
competency of their designs, working drawings, Construction Documents, Technical
Specifications or other documents and works, nor shall any approval by the City be deemed to
be an assumption of such responsibility by the City for a defect or omission in designs,
Construction Documents, Technical Specifications or other documents prepared by VENDOR,
its employees, agents, or subcontractors.
m. Termination.
a. Termination for Convenience. This Agreement may be terminated by the CITY for
convenience, upon fourteen (14) calendar days after written notice by the City to the
VENDOR for such termination in which event the VENDOR shall be paid its
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compensation for work performed through to the termination date, including services
reasonably related to termination. In the event that the VENDOR abandons the
Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY
against loss pertaining to this termination.
b. Termination for Cause. This Agreement may be terminated for cause by the
aggrieved party if the party in breach has not corrected the breach within thirty (30)
calendar days after receipt of written notice from the aggrieved party identifying the
breach. This Agreement may be terminated for cause by CITY for, VENDOR's failure
to perform the Services as per the terms of this Agreement, or repeated submission
(whether negligent or intentional)for payment of false or incorrect bills or invoices.
c. In the event of the death of a member, partner, or officer of the VENDOR, or any of its
supervisory personnel assigned to the project,the surviving members of the VENDOR
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 VENDOR and the CITY, if the CITY so chooses.
d. Notice of termination shall be provided in accordance with the"Notices" section of this
Agreement.
e. Upon termination, VENDOR shall immediately assemble and deliver all documents,
drawings, signed and sealed drawings, Construction Documents, Technical
Specifications, CADD files, calculations, specifications, correspondence, testing and
materials information, warranties, manuals, written information, electronic data and all
other materials in its possession concerning the Professional Services under this
Agreement and City projects to the City.
f. In the event of termination, VENDOR, upon receipt of the notice of such termination,
shall: (1) stop the performance of the Professional Services on the date and to the
extent specified in the notice of termination; (2)place no further orders or subcontracts
except as may be necessary for completion of any portion(s) of the Professional
Services not terminated and as authorized by the written notice; (3)terminate all orders
and subcontracts to the extent that they relate to the performance of the Professional
Services terminated by the notice of termination; (4) transfer title to the City (to the
extent that title has not already been transferred)and deliver according to the manner,
at the times, and to the extent directed by the City, all property purchased under this
Agreement and reimbursed as direct items of cost and not required for completion of
the services not terminated; (5) promptly assemble and deliver as provided above all
documents related to this Agreement; (6) promptly complete performance of any
Professional Services not terminated by the notice of termination and/or cooperate in
transition of its consulting duties to appropriate parties at the direction of the City.
g. In the event of termination, the City shall compensate VENDOR for all authorized
Professional Services satisfactorily performed through the termination date as per the
terms of this Agreement, and for costs incurred, under the payment terms contained in
this Agreement. In the event of Termination for Cause, no payments to VENDOR shall
be made (1) for Professional Services not satisfactorily performed and cured as per
the terms of this Agreement and (2) for assembly of and submittal of documents as
required under this Agreement. In no event shall City be obligated to compensate
VENDOR for lost profits, or any resulting or consequential damages.
h. In addition to any termination rights stated in this Agreement, CITY shall be entitled to
seek any and all available contractual or other remedies available at law or in equity
including recovery of actual costs incurred by CITY due to VENDOR's failure to
comply with any term(s) of this Agreement.
i. Surviving Provisions. It is agreed that the indemnity provisions, insurance provisions,
the right to audit, governing law, and litigation, and all covenants, agreements, and
representations made in this Agreement or otherwise made in writing by VENDOR,
including but not limited to any representations made relating to disclosure or
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ownership of documents, shall survive the expiration or termination of this Agreement.
n. Default of Contract& Remedies.
a. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction exclusively in Palm Beach County, Florida. This
Agreement shall be construed under Florida Law.
b. Correction of Work. Subject to Article 1.2, if, in the judgment of CITY,work provided
by VENDOR does not conform to the requirements of this Agreement, or if the work
exhibits poor workmanship, CITY reserves the right to require that VENDOR correct all
deficiencies in the work to bring the work into conformance without additional cost to
CITY, and/or replace any personnel who fail to perform in accordance with the
requirements of this Agreement. CITY shall be the sole judge of non-conformance and
the quality of workmanship.
c. Default of Contract. The occurrence of any one or more of the following events shall
constitute a default and breach of this Agreement by VENDOR :
d. The abandonment of the project by VENDOR for a period of more than seven (7)
business days.
e. The abandonment, unnecessary delay, refusal of, or failure to comply with any of the
terms of this Agreement or neglect, or refusal to comply with the instructions of the
CITY's designee.
f. The failure by VENDOR to observe or perform any of the terms, covenants, or
conditions of this Agreement to be observed or performed by VENDOR, where such
failure shall continue for a period of seven (7)days after written notice thereof by CITY
to VENDOR; provided, however, that if the nature of VENDOR 's default is such that
more than seven (7)days are reasonably required for its cure,then VENDOR shall not
be deemed to be in default if VENDOR commences such cure within said seven (7)
day period and thereafter diligently prosecutes such cure to completion.
g. The assignment and/or transfer of this Agreement or execution or attachment thereon
by VENDOR or any other party in a manner not expressly permitted hereunder.
h. The making by VENDOR of any general assignment or general arrangement for the
benefit of creditors, or the filing by or against VENDOR of a petition to have VENDOR
adjudged a bankruptcy, or a petition for reorganization or arrangement under any law
relating to bankruptcy(unless,in the case of a petition filed against VENDOR,the same
is dismissed within sixty (60) calendar days); or the appointment of a trustee or a
receiver to take possession of substantially all of VENDOR's assets,or for VENDOR's
interest in this Agreement, where possession is not restored to VENDOR within thirty
(30) calendar days; for attachment, execution or other judicial seizure of substantially
all of VENDOR 's assets, or for VENDOR 's interest in this Agreement, where such
seizure is not discharged within thirty (30) calendar days.
i. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in
writing, of such abandonment, delay, refusal, failure, neglect, or default and direct
VENDOR to comply with all provisions of the Agreement. If the abandonment, delay,
refusal, failure, neglect, or default is not cured within seven (7) business days of when
notice was sent by CITY, CITY may declare a default of the Agreement and notify
VENDOR of such declaration of default and terminate the Agreement in accordance
with the Termination section set forth above.
o. Uncontrollable Forces.
a. Neither the CITY nor VENDOR shall be considered to be in default of this Agreement
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if delays in or failure of performance shall be due to Uncontrollable Forces, the effect
of which, by the exercise of reasonable diligence, the non-performing party could not
avoid. The term "Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this Agreement
and which is beyond the reasonable control of the non-performing party. It includes,
but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil
disturbance, sabotage, and governmental actions.
b. Neither party shall, however, be excused from performance if non-performance is due
to forces which are preventable, removable, or remediable, and which the non-
performing party could have, with the exercise of reasonable diligence, prevented,
removed,or remedied with reasonable dispatch. The non-performing party shall,within
a reasonable time of being prevented or delayed from performance by an
uncontrollable force,give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the obligations of this
Agreement.
p. Notices. All written notices, demands, and other communications required or provided for
under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid,
in the case of mailing, or by overnight or same day courier, or by electronic transmission
producing a written record, or hand delivered to the appropriate parties at the addresses(es)
listed below.
Notices to the CITY shall be sent to the following address:
Daniel Dugger, City Manager
City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach, FL 33435
Telephone No. (561)742-6000
Notices to VENDOR shall be sent to the following address:
ATTN: Didier Menard, GJ Schers, Raul Alfaro
Jacobs Engineering Group, Inc.
Address: 550 West Cypress Creek Road
Suite 400
Fort Lauderdale, FL 33309
Phone: 407-496-1938, 239-404-0245, 786-709-1119
Email: didier.menard(a�iacobs.com, iacobs.com,
raul.alfaro( iacobs.com
q. Public Records. The Vendor shall comply with Florida's Public records Law. Specifically,
the VENDOR shall:
a. Keep and maintain public records required by the CITY to perform the service;
b. Upon request from the CITY's custodian of public records, provide the CITY with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119,
Fla.Stat. or as otherwise provided by law;
c. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and,following completion of the contract,VENDOR
shall maintain in a secured manner all copies of such confidential and exempt records
remaining in its possession once the VENDOR transfers the records in its possession
to the CITY; and
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d. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the
CITY, all public records in VENDOR'S possession. All records stored electronically by
VENDOR must be provided to the CITY, upon request from the CITY's custodian of
public records, in a format that is compatible with the information technology systems
of the CITY.
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
TELEPHONE: 561-742-6060
CityClerk(dbbfl.us
r. Time of Essence.Time shall be of the essence for each and every provision of this Agreement.
s. E-Verify. VENDOR is used interchangeably with CONTRACTOR throughout this Section.
VENDOR certifies that it is aware of and complies with the requirements of Section 448.095,
Florida Statutes, as may be amended from time to time and briefly described herein below.
A. Definitions for this Section:
i. "Contractor" means a person or entity that has entered or is attempting to enter into a
contract with a public employer to provide labor, supplies, or services to such employer
in exchange for salary,wages, or other remuneration. "Contractor" includes, but is not
limited to, a vendor or consultant.
ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to
or for a contractor or another subcontractor in exchange for salary, wages, or other
remuneration.
iii. "E-Verify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to electronically
verify the employment eligibility of newly hired employees.
B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes,
effective January 1, 2021, Contractors, shall register with and use the E-Verify system in
order to verify the work authorization status of all newly hired employees. Contractor shall
register for and utilize the U.S. Department of Homeland Security's E-Verify System to
verify the employment eligibility of:
i. All persons employed by a Contractor to perform employment duties within Florida
during the term of the contract;
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ii. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by
Contractor to perform work pursuant to the contract with the CITY of Boynton Beach.
The Contractor acknowledges and agrees that registration and use of the U.S.
Department of Homeland Security's E-Verify System during the term of the contract is
a condition of the contract with the CITY of Boynton Beach; and
iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility,"as amended from time to time.This includes, but is not limited
to registration and utilization of the E-Verify System to verify the work authorization
status of all newly hired employees. Contractor shall also require all subcontractors to
provide an affidavit attesting that the subcontractor does not employ, contract with, or
subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such
affidavit for the duration of the contract. Failure to comply will lead to termination of this
Contract, or if a subcontractor knowingly violates the statute, the subcontract must be
terminated immediately.Any challenge to termination under this provision must be filed
in the Circuit Court no later than twenty(20)calendar days after the date of termination.
Termination of this Contract under this Section is not a breach of contract and may not
be considered as such. If this contract is terminated for a violation of the statute by the
Contractor, the Contractor may not be awarded a public contract for a period of one
(1)year after the date of termination.
t. Public Entity Crime Act 287.133. VENDOR represents that the execution of this
Agreement will not violate Section 287.133, Florida Statutes and certifies that VENDOR and
any parent corporations, affiliates, subsidiaries, members, shareholders, partners, officers,
directors or executives, and any sub-consultants have not been placed on the Convicted
Vendor List maintained by the State of Florida within 36 months prior to the submittal of the
Proposal to under this RFQ.Violation of this section may result in termination of this Agreement
and recovery of all monies paid hereto, and may result in debarment from City's competitive
procurement activities.
u. Scrutinized Companies 287.135 and 215.473. Vendor certifies that vendor is not
participating in a boycott of Israel. Vendor further certifies that vendor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan
List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List,or has Vendor been engaged in business operations in Syria. Subject to limited exceptions
provided in state law, the City will not contract for the provision of goods or services with any
scrutinized company referred to above. Submitting a false certification shall be deemed a
material breach of contract. The City shall provide notice, in writing, to Vendor of the City's
determination concerning the false certification. Vendor shall have five(5)days from receipt of
notice to refute the false certification allegation. If such false certification is discovered during
the active contract term, Vendor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination of false certification was made in
error. If Vendor does not demonstrate that the City's determination of false certification was
made in error then the City shall have the right to terminate the contract and seek civil remedies
pursuant to Section 287.135, Florida Statutes, as amended from time to time.
v. Sovereign Immunity.The CITY is a political subdivision of the State of Florida. Nothing in
this Agreement is intended, nor shall be construed or interpreted, to waiver or modify the
immunities and limitations on liability provided for in Section 768.28, Florida statute, as may be
amended from time to time, or any successor statute thereof. To the contrary, all terms and
provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be
construed or resolved so as to ensure CITY of the limitation from liability provided to any
successor statute thereof.
w. Assignment. No assignment by a party hereto of any rights under or interests in this
Agreement will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation, moneys that may become due and
moneys that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the contrary in
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any written consent to an assignment no assignment will release or discharge the assignor
from any duty or responsibility under this Agreement.
x. Binding Authority. CITY and VENDOR represent that they have the full power and
authority to enter into and fully perform their obligations under this Agreement, and each bind
itself, their partners, successors, assigns, and legal representatives to the other party hereto,
their partners, successors, assigns, and legal representatives in respect of all covenants,
agreements, and obligations contained in this Agreement.
y. Attorney's Fees and Costs. In the event that either party brings suit for enforcement of
this Agreement, each party shall bear its own attorney's fees and court costs, except as
otherwise provided under the indemnification provisions set forth herein above.
z. Performance of Government Functions. Notwithstanding anything in this Agreement to
the contrary, nothing contained in this Agreement shall in any way stop, limit or impair the City
of Boynton Beach from exercising or performing any regulatory, policing, legislative,
governmental, or other powers or functions with respect to any project.
aa. Compliance with Laws. It shall be the VENDOR's responsibility to be aware of and comply
with all statutes,ordinances, rules, orders, regulations, and requirements of all local,city, state,
and federal agencies as applicable to the Professional Services.
bb. No Third-Party Beneficiaries. No provision of this Agreement is intended to, or shall be
construed to, create any third-party beneficiary or to provide any rights to any person or entity,
not a party to the agreement/contract, including but not limited to any citizen or employees of
the City and/or Vendor.
cc. Severability. In the event that any term or provision of this Agreement shall to any extent
be held invalid or unenforceable, it is agreed that the remainder of this Agreement, or the
application of such terms or provision to persons or circumstances other than those as to which
it is held invalid or unenforceable, shall not be affected and every other term and provision of
this Agreement shall be deemed valid and enforceable to the maximum extent permitted by
law.
dd. Litigation; Governing Law; Venue. This Agreement shall be construed and interpreted,
and the rights of the parties hereto determined, in accordance with Florida law without regard
to conflicts of law provisions. The City and VENDOR submit to the jurisdiction of Florida courts
and federal courts located in Florida. The parties agree that proper venue for any suit
concerning this Agreement shall be exclusively in Palm Beach County, Florida, or the Federal
Southern District of Florida. VENDOR agrees to waive all defenses to any suit filed in Florida
based upon improper venue or forum nonconveniens.
ee. Integrated Agreement. This Agreement represents the entire and integrated agreement
between CITY and VENDOR and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Agreement is intended by the parties hereto to be the
final expression of this Agreement, and it constitutes the full and entire understanding between
the parties with respect to the subject hereof, notwithstanding any representations,statements,
or agreements to the contrary heretofore made. In the event of a conflict between this
Agreement,the solicitation, and the VENDOR's bid proposal, this Agreement shall govern then
the solicitation, and then the bid proposal. This Agreement may be amended only by written
instrument signed by both CITY and VENDOR.
ff. Effective Date and Execution. This Agreement will take effect on the Effective Date. This
Agreement may be executed by hand or electronically in multiple originals or counterparts,each
of which shall be deemed to be an original and together shall constitute one and the same
agreement. Execution and delivery of this Agreement by the Parties shall be legally binding,
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valid,and effective upon delivery of the executed documents to the other party through facsimile
transmission, email, or other electronic delivery.
gg. Limitation of Liability.The total aggregate liability arising out of performance or breach of
this Agreement shall not exceed 2 times the compensation paid to VENDOR under each
applicable Task Order.
ARTICLE 9 -FEDERAL REQUIREMENTS.
Notwithstanding anything to the contrary set forth herein, VENDOR shall comply with all applicable
federally required standard provisions whether set forth herein below, in 2 CFR Part 200, or otherwise.
Any reference made to VENDOR in this section shall also apply to any subcontractor under the terms
of this Agreement.
9.1 Equal Employment Opportunity. During the performance of this contract,VENDOR agrees as
follows:
A. VENDOR will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, sexual orientation, gender identity, or national origin.VENDOR
will take affirmative action to ensure that applicants are employed and that employees are
treated during employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited
to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;and selection
for training, including apprenticeship. VENDOR agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
B. VENDOR will, in all solicitations or advertisements for employees placed by or on behalf of
VENDOR, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national
origin.
C. VENDOR will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with VENDOR 's legal duty to furnish
information.
D. VENDOR will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding,a notice to be provided
by the agency contracting officer, advising the labor union or workers' representative of
VENDOR 's commitments under section 202 of Executive Order 11246 of September 24,
1965,and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
E. VENDOR will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
F. VENDOR will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
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G. In the event of VENDOR 's non-compliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders,this Agreement may be canceled,
terminated or suspended in whole or in part and VENDOR may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965,or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
H. VENDOR will include the provisions of paragraphs (A)through (H) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor.VENDOR will take such
action with respect to any subcontract or purchase order as may be directed by the
Secretary of Labor as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event VENDOR becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction,
VENDOR may request the United States to enter into such litigation to protect the interests
of the United States.
The CITY further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted
construction work: Provided,that if the CITY so participating is a state or local government,
the above equal opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on or under the contract.
The CITY further agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of
the agency's primary responsibility for securing compliance.
The CITY further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
CITY agrees that if it fails or refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: Cancel,terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any
further assistance to the CITY under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such
CITY; and refer the case to the Department of Justice for appropriate legal proceedings.
9.2 Davis-Bacon Act. VENDOR shall comply with the Davis-Bacon Act(40 U.S.C. 276a to 276a-7)
as supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with the
statute,VENDOR must be required to pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
VENDOR must be required to pay wages not less than once a week.
9.3 Copeland "Anti-Kickback"Act.VENDOR shall comply with the Copeland"Anti-Kickback"Act,
(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States"). VENDOR must be prohibited from inducing, by any
means,any person employed in the construction,completion, or repair of public work,to give up
any part of the compensation to which he or she is otherwise entitled. CITY must report all
suspected or reported violations to the Federal awarding agency.
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9.4 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708). Where applicable,
pursuant to 40 U.S.C. 3702 and 3704,as supplemented by Department of Labor regulations(29
CFR Part 5)VENDOR must be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half times
the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements
of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must
be required to work in surroundings or under working conditions which are unsanitary, hazardous
or dangerous.
A. Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
B Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph(A)of this section the VENDOR and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States(in the case of
work done under contract for the District of Columbia or a territory,to such District or
to such territory), for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (A) of this
section, in the sum of $10 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in paragraph
(A)of this section.
C. Withholding for unpaid wages and liquidated damages. CITY shall upon its own
action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld,from any moneys payable on account of work
performed by VENDOR or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act,which is held
by the same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph(26.4.2)of this
section.
D. Subcontracts. VENDOR or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (A) through (D) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in paragraphs (A)through (D) of
this section.
9.5 VENDOR agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act, as amended
(33 U.S.C. 1251- 1387). CITY will report violations to the Federal awarding agency and the Regional
Office of the Environmental Protection Agency(EPA).
A. Clean Air Act.VENDOR agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended,42 U.S.C. §7401 et
seq.VENDOR agrees to report each violation to CITY and understands and agrees
that the CITY will, in turn, report each violation as required to assure notification to
the State, Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.VENDOR agrees to include these
requirements in each subcontract exceeding$150,000 financed in whole or in part
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with Federal assistance.
B. Federal Water Pollution Control Act. VENDOR agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.VENDOR agrees to report
each violation to the CITY and understands and agrees that the CITY will, in turn,
report each violation as required to assure notification to the State, Federal
Emergency Management Agency, and the appropriate Environmental Protection
Agency Regional Office. VENDOR agrees to include these requirements in each
subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in
whole or in part with Federal assistance.
9.6 Suspension and Debarment.This Agreement is a covered transaction for purposes of 2 C.F.R.
pt. 180 and 2 C.F.R. pt. 3000, as such VENDOR is required to verify that none of the Vendor's
agents, principals(defined at 2 C.F.R. § 180.995),or affiliates (defined at 2 C.F.R. § 180.905)are
excluded(defined at 2 C.F.R.§ 180.940)or disqualified(defined at 2 C.F.R.§ 180.935).
A. VENDOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into. This certification is a material
representation of fact relied upon by CITY. If it is later determined that Vendor did not
comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000,subpart C, in addition
to remedies available to State and CITY, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment.
B. The Vendor or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer.The Vendor or proposer further
agrees to include a provision requiring such compliance in its lower tier covered
transactions.
9.7 Byrd Anti-Lobbying Amendment, as amended (31 U.S.C. § 1352). VENDOR shall file the
required certification pursuant to 31 U.S.C. 1352. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress,or an employee of a member of Congress in connection with obtaining any
Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also
disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
9.8 Compliance with State Energy Policy and Conservation Act. VENDOR shall comply with all
mandatory standards and policies relating to energy efficiency contained in the State energy
conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-
163, 89 Stat. 871).
9.9 Procurement of Recovered Materials. The CITY and VENDOR must comply with Section 6002
of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during
the preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery;and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
9.10 Reporting. Pursuant to 44 CFR 13.36(i)(7),VENDOR shall comply with federal requirements and
regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41,
if applicable. Furthermore, both parties shall provide the FEMA Administrator, U.S. DOT
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Administrator, the Comptroller General of the United States, or any of their authorized
representative access to any books, documents, papers, and records of VENDOR which are
directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and
transcriptions. Also, both Parties agree to provide FEMA Administrator or his authorized
representative access to construction or other work sites pertaining to the work being completed
under the Agreement.
9.11 Rights to Inventions. VENDOR agrees that if this Agreement results in any copyrightable
materials or inventions, the Federal Government reserves a royalty-free, nonexclusive and
irrevocable license to reproduce, publish or otherwise use the copyright of said materials or
inventions for Federal Government purposes.
9.12 No Obligation by the Federal Government. The federal government is not a party to this contract
and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other
party pertaining to any matter resulting from the contract.
9.13 Department of Homeland Security (DHS) Seal, Logo, and Flags. VENDOR shall not use
DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without
specific federal pre-approval.
9.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that federal financial assistance will be used to fund the Agreement only.
VENDOR will comply with all applicable federal law, regulations, executive orders, policies,
procedures, and directives.
9.15 Fraudulent Statements. VENDOR acknowledges that 31 U.S.C. Chap. 38 applies to VENDOR's
actions pertaining to this Agreement.
9.16 Prohibition on Contracting for Covered Telecommunications Equipment or Services. As
used in this clause, the terms backhaul; covered foreign country; covered telecommunications
equipment or services; interconnection arrangements; roaming; substantial or essential
component; and telecommunications equipment or services have the meaning as defined in FEMA
Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications
Equipment or Services (Interim), as used in this clause.
A. Prohibitions.
i. Section 889(b) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. §200.216 prohibit the
head of an executive agency on or after Aug.13, 2020, from obligating or
expending grant, cooperative agreement, loan, or loan guarantee funds on
certain telecommunications products or from certain entities for national
security reasons.
ii. Unless an exception in paragraph (B) of this clause applies, the VENDOR
and its subcontractors may not use grant, cooperative agreement, loan, or
loan guarantee funds from the Federal Emergency Management Agency to:
a. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
b. Enter into, extend,or renew a contract to procure or obtain any equipment,
system, or service that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical
technology of any system;
c. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and
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component of any system, or as critical technology as part of any system;or
d. Provide, as part of its performance of this contract, subcontract, or other
contractual instrument, any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
B Exceptions.
i. This clause does not prohibit VENDOR from providing: (a)A service that
connects to the facilities of a third-party, such as backhaul, roaming, or
interconnection arrangements; or(b)Telecommunications equipment that
cannot route or redirect user data traffic or permit visibility into any user data
or packets that such equipment transmits or otherwise handles.
ii. By necessary implication and regulation, the prohibitions also do not apply
to: (a) Covered telecommunications equipment or services that: i. Are not
used as a substantial or essential component of any system;and ii.Are not
used as critical technology of any system. (b) Other telecommunications
equipment or services that are not considered covered telecommunications
equipment or services.
C.Reporting requirement.
i. In the event VENDOR identifies covered telecommunications equipment or
services used as a substantial or essential component of any system,or as
critical technology as part of any system, during contract performance, or the
contractor is notified of such by a subcontractor at any tier or by any other
source, the contractor shall report the information in paragraph (ii) of this
clause to the recipient or subrecipient, unless elsewhere in this contract are
established procedures for reporting the information.
ii. The VENDOR shall report the following information pursuant to this section:
(i)Within one business day from the date of such identification or notification:
The contract number; the order number(s), if applicable; supplier name;
supplier unique entity identifier (if known); supplier Commercial and
Government Entity (CAGE) code(if known); brand; model number(original
equipment manufacturer number, manufacturer part number, or wholesaler
number); item description; and any readily available information about
mitigation actions undertaken or recommended. (ii)Within ten(10)business
days of submitting the information required by this Section: Any further
available information about mitigation actions undertaken or recommended.
In addition, the contractor shall describe the efforts it undertook to prevent
use or submission of covered telecommunications equipment or services,
and any additional efforts that will be incorporated to prevent future use or
submission of covered telecommunications equipment or services. The
VENDOR shall insert the substance of this clause, including this in all
subcontracts and other contractual instruments.
9.17 Domestic Preference for Procurements.As appropriate,and to the extent consistent with law,
the VENDOR should, to the greatest extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products,or materials produced in the United States.This includes,
but is not limited to iron, aluminum,steel, cement, and other manufactured products. For purposes
of this clause: Produced in the United States means, for iron and steel products, that all
manufacturing processes,from the initial melting stage through the application of coatings,occurred
in the United States. Manufactured products mean items and construction materials composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products
such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and
lumber.
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9.18 Affirmative Socioeconomic Steps. If subcontracts are to be let,VENDOR is required to take all
necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority
businesses,women's business enterprises, and labor surplus area firms are used when possible.
9.19 License and Delivery of Works Subject to Copyright and Data Rights. If applicable, the
VENDOR grants to CITY,a paid-up, royalty-free, nonexclusive, irrevocable,worldwide license in
data first produced in the performance of this contract to reproduce, publish, or otherwise use,
including prepare derivative works,distribute copies to the public,and perform publicly and display
publicly such data. For data required by the contract but not first produced in the performance of
this contract, VENDOR will identify such data and grant to the CITY or acquires on its behalf a
license of the same scope as for data first produced in the performance of this contract. Data,as
used herein, shall include any work subject to copyright under 17 U.S.C.§ 102,for example, any
written reports or literary works, software and/or source code, music, choreography, pictures or
images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or
video recordings, and architectural works. Upon or before the completion of this contract,VENDOR
will deliver to the VENDOR data first produced in the performance of this contract and data required
by the contract but not first produced in the performance of this contract in formats acceptable by
VENDOR.
(SIGNATURES ON FOLLOWING PAGE)
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and
year set forth below their respective signatures.
DATED this p2P day of J QYII � , 20
CITY OF BOYNTON BEACH
T '- '- ayor (Authorized Official Name), (Vendor)
David Ashman
Print Name of Authorized Official
Vice President
Title r�GxsEERN h�
1/4,,•' $00,gq•.C,QOI�
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(Corporate Seal) ;
EXHIBIT A
TASK ORDER TEMPLATE
rr,
CITY OF BOYNTON BEACH
Services Task Order
Task Order No.
Consultant:
Contract No.
1. Task/Project Phase. (Insert title and brief
description)
2. Detailed Scope of Professional Services.
A detailed scope of services under this Task Order, in accordance with the phases of service detailed in
the Agreement, is attached as Exhibit
3. Deliverables and Schedule.
Consultant shall deliver to the City the deliverables specified at the time indicated on the attached Exhibit
4. Compensation.
The total Fee to be paid to Consultant under this Task Order shall not exceed
based on the hourly rates currently in effect under the Agreement.
A detailed fee schedule is attached as Exhibit
The payment schedule(based on deliverables) is attached as Exhibit
5. Agreement Reference.
This Task Order shall be performed under the terms and conditions described within the
Agreement, dated ,20 ,by and between the
City of Boynton Beach and ("Consultant"), Contract No.
6. Insurance.
Consultant shall maintain insurance coverages in accordance with the Agreement and hereby confirms that
Certificate(s) of Insurance evidencing current policies meeting the requirements of the Agreement are on
file with the City as of the date of this Task Order.
7. Exhibits.
All attached Exhibits are incorporated fully into this Task Order and the Agreement.
8. Notice to Proceed.
❑ If checked, Consultant's receipt of a fully-executed copy of this Task Order shall serve as the
Notice to Proceed under this Task Order, effective as of the date the fully-executed Task Order
was emailed to the Consultant.
❑ If checked, Consultant shall commence Services under this Task Order as specified in a
forthcoming Notice to Proceed.
UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and
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CONSULTANT: CITY OF BOYNTON BEACH
By: By:
Ty Penserga, Mayor
Print Name:
Date: , 20_ Date: , 20_
Attest:
City Clerk
City Attorney's Office
Approved as to form and legality
By:
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EXHIBIT B
FEE SCHEDULE
PERSONNEL CLASSIFICATIONS HOURLY RATE
Principal $290
Senior Project Manager $265
Project Manager $225
Senior Engineer $250
Process Engineer $150
Sr. Electrical Engineer $240
Electrical Engineer $150
Process Control/Inst. Engineer $150
Sr. Mechanical Engineer $240
Mechanical Engineer $150
Engineering Technician $125
Engineer $140
Staff Engineer $130
Architect $150
Senior Architect $225
Landscape Architect $185
Environmental Specialist $185
Inspector(Zoning & Landscape) $150
Inspector(Transportation) $150
Senior Landscape Architect $195
Senior Surveyor/Mapper $150
Surveyor/Field Survey Chief $165
Designer $130
Senior Designer $150
Urban Designer $165
Chief Designer $185
Hydrogeologist $140
Principal Hydrogeologist $225
Planning Technician $150
GIS Specialist $130
Senior Structural Engineer $240
Structural Engineer $150
CADD/Technician $130
Architectural CADD/Technician $130
Planner $150
Senior Planner $195
Transportation Planner $149
Transportation Planning Technician $130
Public Relations Specialist $200
Senior Construction Inspector $175
Construction Inspector $140
Rate Analyst $220
Senior Rate Analyst $250
Grant Analyst $175
Grant Specialist $200
Project Assistant $125
Clerical/Administrative $95
Reimbursable Expenses:
Direct costs such as postage, prints, and delivery services will be billed at cost.
Mark-up % Sub-Consultants Fee: 0%
UTL24-031 EWTP and W WTP Upgrades and Treatment Options Evaluation,Planning,and
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City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages
listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing
the City as"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."
Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+"or higher.
(NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon
selection of vendor.)The following is a list of types of insurance required of contractors, lessees,etc., and the limits
required by the City:(NOTE:This list is not all inclusive, and the City reserves the right to require additional
types of insurance, or to raise or lower the stated limits,based upon identified risk.)
TYPE (Occurrence Based Only) LIMITS REQUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners &Contractor's Protective (OCP) Personal &Adv. Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage(any one fire) $ 50,000.00
Broad Form Vendors Med. Expense(any one person) $ 5,000.00
Premises Operations
Underground Explosion&Collapse Products
Completed Operations Contractual
Independent Contractors Fire
Legal Liability
Professional Liability Aggregate $1,000,000.00
Automobile Liability Combined Single Limit $
1,000,000.00
Any Auto
All Owned
Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employe $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
INSURANCEADVISORYFORM Revised 04/2021
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J