R03-182
, I
RESOLUTION NO. R03 - / ~~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING
TWENTY COMPANIES AS GENERAL CONSULT ANTS
FOR ENGINEERING SERVICES; ACCEPTING
NEGOTIATED RATES OF COMPENSATION FOR
SERVICES; AUTHORIZING EXECUTION OF
CONTRACTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
irecommendation of staff, hereby deems it to be in the best interests of the citizens and
residents of the City of Boynton Beach, to designate twenty engineering firms as being
qualified to provide consulting engineering work for the City's Utility Department, and to
accept negotiated rates of compensation for services, and authorize execution of contracts
with each ofthe twenty (20) companies;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The City Commission of the City of Boynton Beach, Florida does
hereby designate the following twenty engineering firms as being qualified to provide
consulting engineering work for the City's Utility Department, accepts the negotiated rates of
compensation for services, and authorizes execution of agreements, as follows:
Arcadis, Geraghty & Miller;
Boyle Engineering Corporation;
Brown & Caldwell
Camp Dresser & McKee, Inc.;
CH2M Hill, Inc.;
Craig A. Smith & Associates;
Crossroads Engineering, Inc.;
Global Tech, Inc.;
Hartman & Associates, Inc.;
Kimley-Hom & Associates, Inc.;
LBFH, Inc.;
S:\CA\RESO\Agreements\Consultant - Engineering Services 11 0403.doc
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Lawson, Noble & Webb, Inc.;
Marco Water Engineering;
Matthews Consulting, Inc.;
Metcalf & Eddy, Inc.;
PBS & J Corporation;
SFRN, Inc.;
Stanley Consultants, Inc.;
URS Corporation;
Wantman Group, Inc.;
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this d- day of November, 2003.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
p~
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Commissioner
S:\CA\RESO\Agreements\Consultant - Engineering Services 11 0403.doc
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AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and W antman Group. Inc, hereinafter referred to as "Consultant", in consideration of
the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-282l-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-282l-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope( s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on /1./-1 ~J, I? , 2003, accepted the City
Administration's recommendation and designated Consultant as one of 15 qualified consulting
firms for Scope C to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-I
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms
for Scope C which will be assigned projects listed on Exhibit "A" and that the City has made
no representation or promise regarding which projects or the number of projects that will be
assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services-shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON- WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
WantmanGroup, Inc.
901 Nort.npoint. Pkwy, 8t.p.. ?04
West Palm Beach, FL 33407
Attn: David Brobst, Client Services Manager
INTEGRA TED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATEDthis~dayof NoveMber
, 20 63 .
CITY OF BOYNTON BEACH
~
Kurt Bressner, City Manager
Attest! Authenticated:
Rev. 04/08/03
CA-6
Title
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(Corporate Seal)
Attest! Authenticated:
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Secretary
EXHffiIT A
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
. Water Main Replacement
. Interconnections
. Sanitary Sewer Line, Repair, Rehabilitation, Replacement
. Inflow & Infiltration Studies/Repair
. Wastewater Pump Station Rehabilitation/Expansion & Analysis
. Pump SizinglExpansionllmprovements
. Stormwater Management
. Swale and Drainage Development/lmprovements
. Outfalls
. Roadway and Transportation
. Neighborhood Improvements
. Lighting
. Sidewalks
. Park Amenities
. Other Related services
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal) $150 Joel Wantman, P.E.
President and Chief Executive Officer
with involvement in more complex
technical or administrative issues.
Client Service Manager $130 David Brobst, P .E.
P.E. with more than 25 years
experience who will be the City of
Boynton Beach's primary contact.
Senior Project Manager $120 David Wantman, P .E.
P.E. or P.S.M. with more than 15 Robin Petzold, P.S.M.
years experience who will lead
individual work assignments.
Project Engineer $85 Jeremy Botto, E.!.
P.E. or E.I. with an Engineering John Hall, E.!.
Degree who will complete Jimmy Richie, E.!.
assignments. Derek Schenavar, E.!.
J. D. Whitaker, E.!.
Scientist
N/A
Senior Designer
N/A
Designer
N/A
Senior Engineer/Hydrogeologist
N/A
EngineerlH ydro geologist(T echnical
Specialist)
N/A
Senior Professional Surveyor/Mapper $110 Joe Shatto, P.S.M.
P.S.M. with more than 20 years Pat Volpe, P.S.M.
experience who will complete
assignments.
Wantman Group, Inc.
2003 Rates
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper $85 Mitch Jarrells, P.S.M.
P.S.M. or L.I.T. with more than 5
years experience who will complete
assignments.
Engineering/Survey Technician $75 Jason Alvarez
Non-registered individual who will Joanne Brito
complete assignments. Paul Colburn
Senior Field Representative
(Professional)
N/A
Survey Crew $165 4 man crew
Field survey crew led by a party chief $130 3 man crew
than may contain one or crew $100 2 man crew
members.
GIS Specialist
N/A
Graphics Specialist
N/A
Senior Inspector $75 George Price, G.c.
Individual who does not have a degree
and who will be observing and/or
administering construction activity.
GPS Equipment
Senior Administrative Support $45 Kate Fontaine
Administrative Support $30 Rachel TerMors
Wantman Group, Inc.
2003 Rates
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
N/A
Aerial Photogrammetry
Will be handled as a subconsultant.
Computer System Analysis
N/A
Rate Study
N/A
Financial Services
N/A
Instrumentation and Control Services
N/A
Human Resource Services
N/A
Data Acquisition and Control Services
N/A
Direct Costs - Mark-up % 10%
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub- 10% Stephen Boruff, Inc
consultants Land Design South, Inc.
Smith Engineering Consultants
Tierra, Inc.
Bridge Design Associates, Inc.
Wantman Group, Inc.
2003 Rates
5
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Senior Project Engineer $100 Jerry Saval. P .E.
P.E. or P.S.M. with more than 10 Gary Williams, P .E.
years experience who will lead
individual work assignments.
Utility Locates "Soft Dig" $180 N/A
Wantman Group, Inc.
2003 Rates
6
ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNY)
12/04/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tampa, FL 33622-2668
813289-5200 INSURERS AFFORDING COVERAGE
------ ------ -- - --- ----- -- - --- r- ----- ------------._------ ----- -- - - -----.,
INSURED INSURER A: St. Paul Fire & Marine
Wantman Group, Inc. r--- --.-------.---- ------ ----- - -- - --- ----.
INSURER B: St. Paul Fire & Marine
901 Northpoint Pkwy, Suite 204 f-- -------- ---- ------ - -- - -- - --
INSURER C: Security Ins of Hartford
West Palm Beach, FL 33407 INSURER D:
c- "---- - - - -- ---- _. _______.____u,____
I I INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
II~~: 1 TYPE OF INSURANCE POLICY NUMBER Pgklf:(~~~5~ P~~rY EXPIRATION
A ~I GENERAL LIABILITY BK01289571 10/18/03 110/18/04
X COM M ERCIAL GENERAL L1AB ILlTY
;--:::J CLAIMS MADE r-x- OCCUR
Client#. 5436
COVERAGES
-
GEN'L AGGREGATE LIMIT APPLIES PER:
I POLICY n P'fR+ n LOC
B ~TOMOBILE LIABILITY BA01574641
X ANY AUTO
f--.
~ ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
r NON-OWNED AUTOS
---- -- ---- ------ -
~RAGE LIABILITY
ANY AUTO
OESS LIABILITY
OCCUR ,; CLAIMS MADE
'=1 DEDUCTIBLE
RETENTION $
B WORKERS COMPENSATION AND WVA772901
EMPLOYERS' LIABILITY
10/10/03
10/10/04
09/18/03
09/18/04
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C ! OTHER AEE0223978 07/01/03 '107/01/04
Iprofessional
ILiability I
DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Professional Liability is written on a claims made basis.
CERTIFICATE HOLDER
I ADDmONALINSURED INSURER LETTER.
WANTGR03
LIMITS
EACH OCCURRENCE
'$1 000000
$300 000
$10000
$1 000 000
$2 000.000
$2 000.000
FIRE DAMAGE (Anyone fire)
MED EXP (Anyone person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS -COMP/OP AGG
I
I COMBINED SINGLE LIMIT 0-$11 000 000
I (Ea aCCident) , ,
r---- ------- -------..- ____ ______ ____
BODILY INJURY i $
~~:~L:~:~URY - -___-1'_,$___-- ---
(Per accident)
r ----- 1$ -- ----
I PROPERTY DAMAGE
: (Per accident)
i ~~:::~~:~ E~A~~::~~~------
AUTO ONLY: AGG $
EACH OCCURRENCE $
AGGREGATE $
$
$
I $
l~A$I~JI~s_L_jOlt~_______ __
E.L. EACH ACCIDENT I $1,000,000
E.L. DISEASE - EA EMPLOYEE1 $1,000,000
E.L. DISEASE. POLICY LIMIT $1 000,000
$1,000,000 ea claim
I $2,000,000 ann agg
i
The City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
CANCELLATION
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30- DAYS WRITTEN
NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TO DOSOSHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25-S (7/97)1 of 2
#S82072/M79951
KDR
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (7/97)2 of 2 #S82072/M79951
The City of Bovnton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.t1.us
www.boynton-beach.org
December 16,2003
Mr. David Brobst
Client Services Manager
Wantman Group, Inc.
901 Northpoint Parkway, Suite #204
West Palm Beach, FL 33407
RE: RESOLUTION #R03-182 - SCOPE C -INFRASTRUCTURE IMPROVEMENTS
Dear Mr. Brobst:
Attached please find a certified copy of the resolution mentioned above including
attachments for your files.
If you have any questions concerning this, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
Yn.
C: Barb Conboy
Procurement Services
Karen Riseley
America's Gateway to the Gulfstream
f~
)1e City of BovntonBeach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
CERTIFICATION
I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that a copy of Resolution R03-182 consisting of two
pages plus 13 attachments are true and correct copies as they appear in the
records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 16th day of December 2003.
.~
ET M. PRAINITO, CMC, CITY CLERK
S:\cc\WP\certifications\certification - JP - sailfish.doc
America's Gateway to the Gulfstream
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n b} The City of
.,'\ Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Phone (561) 742-645/
FAX: (561}742-62<)8
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LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 15, 2003
RE: 2 Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C
D
D
oPles ate No. escnptlOn
1 Original Agreement - Boyle Engineering
Corporation
1 Proof of Insurance
REMARKS: Please file accordingly.
CC: Procurement Services
Karen Riseley
SIGNED: erJl-~ IJ 11C3
f () 3~(?c~
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Boyle Engineering Corporation, hereinafter referred to as "Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on Nt) 0, /1 , 2003, accepted the City
Administration's recommendation and designated Consultant as one of nine (9) qualified
consulting firms for Scope D to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-I
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of nine (9) consulting
firms for Scope D which will be assigned projects listed on Exhibit "A" and that the City has
made no representation or promise regarding which projects or the number of projects that
will be assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services-shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration ofthis
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON- WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
Boyle Engineering Corporation
1400 Centrepark Blvd., Suite 810
West Palm Beach, FL 33401
ATTN: Henry Glaus
INTEGRA TED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this ~ day of
NOrJem be,
,20~.
CITY OF BOYNTON BEACH
~
~
Kurt ressner, City Manager
~:;,~
Consultant
Attest! Authenticated:
1/1<.,& fJttr:;sI'~
Title
(Corporate Seal)
Approved as to Form:
Attest! Authenticated:
Rev. 04/08/03
CA-6
EXHIBIT A
SCOPE D: ANCILLARY STUDIES and SERVICES
. Rate Analysis
. Accounting Procedures
. Revenue Bonds
. Risk Management
. Employee Training
. Performance Measurement & Organizational Management
. NPDES Permitting
. Vulnerability Assessments
. Master Plan Updates
. Clean Air Act Compliance
. Consumer Confidence Report
. Consumer Satisfaction Survey
. Wastewater Capacity Analysis
. Hydraulic Analysis
. Power Analysis
. Geographic Information Systems
. Aerial Photogrammetry & Photography
. Process Controls & Instrumentation
. Data Acquisition and Control Services (DACS)
. Supervisory Control & Data Acquisition (SCADA)
. Other Related Services
EXHIBIT B
SC&,ILE
REceiVED
OCT 2 2 2IIJ3
1400 Centrepark Boulevard, Suite 810
West Palm Beach, FL 33401
TEL: (561)683-7400
FAX: (561 )683-7010
www.boyleengineering.com
, .. ~ 1 I j
I, I'" 1
Ms. Barbara Conboy
Manager, Utilities Administrator
Utilities Department
City of Boynton Beach
124 E. Woolbright Road
October 21, 2003
Boyntull :3e<:i-C~1, FL
""I..... AI"" It
').J~j-r
.
RE: Professional Engineering Services
Billing Rates
Dear Ms. Conboy:
Reference is made to your letter of October 10, 2003, regarding Boyle's standard billing rates as
compared to the range of rates deemed acceptable by the City. This correspondence confirms
that Boyle is agreeable to work within the twenty percent (20%) range above the average rates
for the Senior Project Manager and Project Manager employee classifications as presented in
your letter.
If any further clarification is desired, please do not hesitate to contact this office.
Sincerely,
ration
CHG:kab
CC: Tommy Brown/Boyle Engineering - Orlando
EMP BILLABLE RA TES - BARBARA CONBOY -UPDA TE.DOC
BOYLE ENGINEERING CORPORATION
@ Recycled Paper
EXHIBIT B
Boyle Engineering Corporation
Employee Classifications and Billing Rates
(October 1, 2003)
Boyle
Classification
PG-8
PG-7
Tim Brodeur; Vic Godlewski, Dan PG-7
Homblette ~ Ii. ~.... 10. J.(:J
Juan Guevarez 5i!.t7_1- ar iD.:JI. PG-6
Tom Jacobs, April Stephens, David PG-5,
Whitne PG-3
Don Watt, Russ Mathews, Doug
Ko elmann
Jon Evans, Ken Kaufman, Edith
Stevens-Menzel, Ste hen Wilkins
Frank Heck, Dwyane Kreidler, Tracy PG-6,
Lewis, Steve Lockington, Will PG-5
Lovins, Paul Markel, Pam Miller,
Charles Olson, Mark Pellish, David
Plavcan, Bob Rutter, Michael ~
Melissa Blaney, Jon Bundy, Jackie
Foster, Roberto Gonzalez, Shelia
Guevara, Vicki Scarpate, David
Selhorst, Chad Shockley, Ed Wills,
Zhimin Chen
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/Hydrogeologist (Technical Special $
SIS
Direct Costs - Mark-u
subconsultants
$
$
$ t'!67e&
11t,~ ,,<~
$ l~
$ 100.00
$
90.00
$
62.00
$
125.00
90.00
PG-4,
PG-3,
PG-2
none
none
none
none
none
none
$ 66.00 Donna Roone
$ 75.00 Jim Vernon, Glenn Kendrick
none
$ 66.00 Barbara Larente; Anka Backer, Janet
McKni t
$ 54.00 Kartina Baldwin
none
none
105.00 Tom Baker, Brad Ste hens
$
none
none
none
none
none
5% mark-up on outside costs; in-
house at cost; computers $3.30 per
labor hour; communication (fax, long
distance $0.55 er labor hour
10% mark-u on subconsultant
client#: 5155
BOYLEENGI
A CORDTM CERTIFICATE OF LIABILITY INSURANCE T DATE (MM/DDIYY)
12/15/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, cA 92711-0550
714427-6810 INSURERS AFFORDING COVERAGE
_____n__.___ .____.,_,. -- "~---_.. --' ..-.---""-'.---- ------. I -. ---- ~- ---- ...._.._---~----
INSURED . HF~-;;~~Ei~~~~Hji~~rd.fil'e-i:n_~~.~o. .= .
Boyle Engineering Corporation .--.-. _.~_.._,--_.
i_I!'J~U~~R.~:~ecuritylns. Co. of.~_a.!:!ford
1501 Quail Street I INSURER c: -_..'--_--'-0'...._---- '-___""0 --...-,.----....--.-.--
Newport Beach, CA 92660-2746 i INSURER D:
1'--'--.---. ..--- .-.---- .'. -..-..--------..., ,,---.-..--.-- - -_.-_._- ----.----
I i INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~f~ TYPE OF INSURANCE POLICY NUMBER Pgk'CEY ~:~g~E !P%~fJ i.1\'lb~~,wN LIMITS
A
57CESSS9265
12/31/02
12/31/03
GENERAL LIABILITY
: X COMMERCIALGENERALLlABILlTY
:---i
CLAIMS MADE .lL OCCUR INDP. CONTRACTORS
X CONTRACTUAL INCLUDED.
.X BFPD,XCU,Ocp
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
=:J OCCUR
CLAIMS MADE
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
B OTHER Professional
Liability
AEE0700908
12/31102
, 12/31/03
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
General Liab. policy excludes claims arising out of the performance of prof. services.
RE: Two-Year General Consulting and Engineering Services Agreement.
The City of Boynton Beach is Additional Insured as respects to General
(See Attached Descriptions)
CERTIFICATE HOLDER
AD D mONAL INSURED; INSURER LETTER:
CANCELLATION
EACH OCCURRENCE ' $1,000,000
I FIREDAMAGE'(Anyonefire} 1$1,000.000
, MED EXP (Anyone person) I $10,000
! PERSONAL & ADV INJURY i $1 ,000,000
I GENERAL AGGREGATE : $2,000,000
! PRODUCTS -COMP/OPAGG i 52,000,000
1 '
i
I
i COMBINED SINGLE LIMIT I
: (Ea accident) $
i..'--.--'- .--...---..--+----.-.---.-
i BODILY INJURY
i (Per person)
i $
BODILY INJURY
(Per accident)
$
i PROPERTY OAMAGE ., $
1 (Per accident)
: Al,J":<:>_C!Nl Y - EA".CC;~I:lEN~_;_~_ ~__.__
OTHER THAN
AUTO ONLY:
EA ACe $
AGG ,$
I
]$
1$
i$
1$
EACH OCCURRENCE
. AGGREGATE
we STATU- '
.. TOBY LIMITS .
E.L. EACH ACCIDENT
is
10TH-I
ERn, _.u..
:$
: E.L. DISEASE -EA EMPLOYEEI $
i E.L. DISEASE - POLICY LIMIT i $
$1,000,000 Per Claim
$1,000,000 Annl Aggr.
The City of Boynton Beach
Att: Barbara Conboy
124 E. Woolbright Rd
Boynton Beach, FL 33435
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL~M~MAIL3D--DAYSWRITTEN
NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHELEFT, B~~'UUIIXXX
~~~~")(XKIJII.XDl'mCXlCX~~ x
DllIJElUKJr/MlWXX
AUTHORIZED REPRESENTATIVE
t;"
ACORD 25-S (7/97)1 of 2
#M82854
...--5TMP1 @ ACORD CORPORATION 1988
DESCRIPTIONS (Continued from Page 1)
Liability.
(GL-AIIX)
AMS 25.3 (07/97) 2 of 2
#M82854
POLICY NUMBER: 57CESSS9265
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
The City of Boynton Beach
Att: Barbara Conboy
124 E. Woolbright Rd
Boynton Beach, FL 33435
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
CG 20 10 11 85
The City of
Boynton Beach
czr
~..!r\' OF r'~)'~t f'H ,_
(,...v 'J"Tv,1B'-'''''J
, -, ", r- 0 ' .... 1-'. { I
'~'j t , Li...~;',f,'S OFF,f('(~"
"'-
Utilities Department
1 24 E. Woolbright Road
Boynton Beach. Florida 33435
Phone (561) 742-6451
FAX: (561)742-6298
C3DEC 11 PH 3: 54
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 11, 2003
RE: 2 Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C
D
N
D
optes ate o. escnptlOn
1 Original Agreement - Mathews Consulting,
Inc.
1 Proof of Insurance
REMARKS: Please file accordingly.
cc: Procurement Services
Karen Riseley
SIGNED: fih~ eJk /)J -II '03
a
~
MATHEWS
CO~v~!&Illigng~~~~
December 8, 2003
RECEIVED
DEe - 9 2003
BO-_UTlLITIES
Ms. Barbara Conboy
Manager, Utilities Administration
CITY OF BOYNTON BEACH
124 E. Woolbright Road
Boynton Beach, Florida 33435
General Consultim! and Enf!ineerinf! Contract
Dear Ms. Conboy:
Weare pleased to submit herewith the signed original Consultant Agreement per your request.
We have also attached the certificates of insurance as required by the agreement.
If you have any questions regarding the documents, please contact me at 561-478-7961.
Very Truly Yours,
NSUL TING, INC.
ene L. Mathews, P.E.
President
Enclosure
c: David Mathews, MC
File
Mathews Consulting, Inc. . 1475 Centrepark Boulevard, Suite 250. Wes{Palm Beach, FL 33401.561-478-7961. Fax 561-478-7964
If () 3 -lr;Z
,
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Mathews Consulting. Inc., hereinafter referred to as "Consultant", in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on /J(J tl, I?' , 2003, accepted the City
Administration's recommendation and designated Consultant as one of 15 qualified consulting
firms for Scope C to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-I
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms
for Scope C which will be assigned projects listed on Exhibit "A" and that the City has made
no representation or promise regarding which projects or the number of projects that will be
assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services-shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON- WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
I1l(lJ-h4u~ Ch--~ \t\ot' ;r;x: -
1411 S C-€r)i-r --l' po,,)-'k.. (3) V d. ) Su. j -k ;Z S:J
\..U-es.+ p~~ &.0 ~ I FL... 3340t
.A~" ~v'jJ vYk+N....u~ ,,~U- Pr-RS~~+-
J
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this ~ day of NovelY\be.r
CITY OF BOYNTON BEACH
~
Kurt Bressner, City Manager
Attest! Authenticated:
Rev. 04/08/03
,20~.
c!f)~
Consultant
~ : c.. c... ~('" c. ~ : de", "'\-
Title
(Corporate Seal)
Attest! Authenticated:
CA-6
EXHffiIT A
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
. Water Main Replacement
. Interconnections
. Sanitary Sewer Line, Repair, Rehabilitation, Replacement
. Inflow & Infiltration Studies/Repair
. Wastewater Pump Station RehabilitationlExpansion & Analysis
. Pump SizinglExpansion/Improvements
. Stormwater Management
. Swale and Drainage Development/Improvements
. Outfalls
. Roadway and Transportation
. Neighborhood Improvements
. Lighting
. Sidewalks
. Park Amenities
. Other Related services
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
$115 - $125 Rene Mathews, P.E.
Client Service Manager
$115 - $125 David Mathews, P.E.
Senior Project Manager
$105 - $115 Barron Caronite, P.E.
Rebecca Travis, P.E.
Project Engineer
Scientist
Senior Designer
$75 - $80 Sammy Tjiong
Tom Fedun
Designer
Senior EngineerIHydrogeologist
EngineerIHydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(professional) $90 - $100 Bruce Wundrack, P.E.
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
$70 - $75 steve Dellaquila
GPS Equipment
Senior Administrative Support
$45 - $50 Nancy Armstrong
Administrative Support
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up % No Markup - Mileage, printing/
Office, reproduction, mailing, etc. Billed as reproduction, mailing/
direct postage
expenses
Direct Costs - Mark-up % sub- 10% markup
consultants on all ~ubs
5
ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
12/05/2003
PRODUCER (305)822-7800 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Collinsworth, Alter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Box 9315 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miami lakes, Fl 33014-9315
Raquel Williams INSURERS AFFORDING COVERAGE NAlc#
INSURED Mathews Consulting, Inc. INSURER A: Greenwich Insurance Co.
1475 Centrepark Blvd. INSURER B
Suite #250 INSURER C
West Palm Beach, Fl 33401 INSURER D
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DO' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pg~!fJ EXPIRATION LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
I- DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY $
I CLAIMS MADE D OCCUR MED EXP (Anyone person) $
PERSONAL & ADV INJURY $
-
GENERAL AGGREGATE $
-
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $
I .nPRO- nLOC
POLICY JECT
AUTOMOBILE LIABILiTY COMBINED SINGLE LIMIT
- (Ea accident) $
ANY AUTO
-
ALL OWNED AUTOS BODILY INJURY
- (Per person) $
SCHEDULED AUTOS
-
HIRED AUTOS BODILY INJURY
- (Per accident) $
NON-OWNED AUTOS
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
=1 ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESs/UMBRELLA LIABILITY EACH OCCURRENCE $
t=J OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I WC STATU- I IOJ~-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
if yes, describe under E.L. DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
p~THr. . 1 l' b'l' PECOO14067 05/01/2003 05/01/2004 $1,000,000. limit each claim
A ro eSSlona - la 1 lty $1,000,000. General Aggregate
laims Made Form
Retro:5-1-98 $5,000 Deductible each claim
p~ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
roject: General Consulting and Engineering Services
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Boynton Beach BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
124 E. Woolbright Road OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE ... - ----:/.~2- ___
Meade CollinsworthjTMQ C~~~A>a/dti':~
ACORD 25 (2001/08)
@AcORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
Date: 12/4/03 0204 PM
Sender's Fax ID AC'=C Business Ins
Page 1 of 1
----_.
AC08l)~ CERTIFICATE OF LIABILITY INSURANCE OPIO SGI DATE IMM:OO/YYYYJ
MATHE-l 12/04/03
- I TH~ CERTIFICATE IS ~SUED AS A MATTER OF INFOOMA TlCN
PRODUCER
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ACEC/MARSH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
800 Market. St, Ste. 2600 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
St. Louis MO 63101-2500
Phone: 800-338-1391 Fax: 888-621-3173 INSURERS AFFORDING COVERAGE NAIC#
INSURED !'\j::;).;:;;FRA Hartford Insurance Company : 22357
I":,IJ_::;:::R r: I
Mathews Consultin~, Inc. i~J:Uf.:~P !
~-- --------- ..--- ---+-----.
1475 Centrepark B vd3 Ste 250 ~I'JC Ur-'~>:; ~) !
West Palm Beach FL 3 401 I
I~/:LPEO ==
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS
"UD\.
lTR NIRD i
T VPE OF INSURANCE
POLICY NUMBER
POLlCYEFFECTIVE POLICY EXPfRAnON
DATE MMJOOfYY DATE MMlDOIYY
LIMiTS
A
GENERAL I.I-'SILITY
,---,
i X i CCMV:::;;;;Ch GENEO'"'-L LlA81un
r-------t---
84SBVLB7335
11/01/03
, 1,000,000
11/01/04 !, 1,000,000
f- i $ 10, 000
I ;::EPSON.A.L &ADV INJUPV I $ 1,000 T 000
~"RALAGGREGATE --I, 2,000,000
I PRODUCTS - CCMP/OP ASS t 2 T 000 T 000
1-------
I :::L.)l.!MS~QE
~-
~_~ OCCUR
A
~OMOIIILE LIABILITY
~ A!,'\'AUTC.I
j , A,-~ UiiVNE[; AU-:-:]S
n, SC,'if,DJLED.a.llTCS
!xl HiPEJ A.:"'TOS
~ "JN2","'" AU']S
---i
84UEGLL7958
11/01/03
11/01/04
C:JMBINEO SINGU: IMI,
(~a accident)
I 1, 000, 000
80D!L Y I'IL,'UR"
o:>er perscn)
ECDI~Y 1!'iJ:JR"
UJe'Olccident:1
I FRJPERr/ CA~AAGE
! tPer accident'
, $
I
AN"AUTC
i AljTJ CNLy - EAACCIOENT +'
r-- .
I OT ~ER_T,'1AJ~ _ fA ACC i ~
A~TJwNLY AGG $
: GARAGE UABILITY
EXC E5StVMBRELLA LIA8IUTY
CC:::UR D CL..AJMS MACE
EA:~~ OCCUPRHJCE
A':JGREGAiE
is
DE::ue'i8LE
PETEr~~:m~
"
A
WORKERS COMPENSATION ANO
EMPLOYERS' LIABILITY
AN';' FROPRiETORlFAPTNEf;/EXECUTr,,'E
CFFICEP1MfM8ER E)<CLUOF.:r;'
84WBGGJ0270
11/01/03
11/01/04
! we STATu-
__~ !TOR'YUM!.2.
~ E EACH ACC'OE,\j~
C~I-'-
'R
If yes, descnbe under
SPEClA.L PRi:;\'lS:J~JS belQ'oif
_-----.-'..l00,00Q._
EA EMPLOYEE : . 100, 000
pnuc..., !M!T I. 500,000
OTHER
DESCRIPTION OF OPERATlONS 1 LOCATIONS lVEHICLES: EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS
RE: GENERAL CONSULTING AND ENGINEERING SERVICES. CERTIFICATE HOLDER IS
ADDITIONAL INSURED AS RESPECTS WORK PERFORMED BY THE NAMED INSURED.
CERTIFICATE HOLDER
CANCELLATION
CTYBOYN SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CAMCEllED BEfORE THE U..IRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR 'TO MAtL 30 DAYS WRIT'TEN
-
NonCE TO THE CERnFICATE HOLDER NAMED TO THE LEFT, BUT FAiWRE TO 00 50 SHALL
CITY OF BOYNTON BEACH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS ACENTS OR
124 E. WOOLBRIGHT RD. REPRESENTATIVES,
BOYNTON BEACH FL 33435 AUTHORtZED REPR~ Q-~'"
ACORD 25 (2001108)
@)ACORD CORPORATION 1988
The City of
Boynton Beach
""'V n'" '" "\'
I ' i ,.It ..:.., ~HOH 1<[ 1\ /"U
r. I T '( ... ~ ...'.... ..... ....,,~..f. 1
1", . i j LVt"C' ('1'F1Ct"
.........,. ..J ,"-'j I
Utilities Department
124 E. Woolbright Road
Boynton Beach. Florida 33435
Phone (561) 742-6451
FAX: (561)742-6298
( 3 DEe 1 S M111: 0 i
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 15,2003
RE: 2 Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C .
D
N
D
oples ate o. escnphon
1 Original Agreement - Brown & Caldwell
1 Proof of Insurance
REMARKS:
CC: Procurement Services
Karen Riseley
SIGNED: flrJl CU( /;)/5'C8
;f D3- ( 1(;2...
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Brown & Caldwell, hereinafter referred to as "Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on rJ "U. i ( , 2003, accepted the City
Administration's recommendation and designated Consultant as one of 15 qualified consulting
firms for Scope C and one of nine (9) qualified consulting firms for Scope D to provide general
engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-I
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit' A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms
for Scope C and one of nine (9) consulting firms for Scope D which will be assigned projects
listed on Exhibit "A" and that the City has made no representation or promise regarding
which projects or the number of projects that will be assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services-shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON- WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
INTEGRA TED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this ~ day of
Novem ber-
,2003.
CITY OF BOYNTON BEACH
~~
Kurt Bressner, City Manager
~qd4~
Consultant
Attest! Authenticated:
ViCQ F?e,idertt / ~ ard Lak:1we.I I
Title /
(Corporate Seal)
Attest! Authenticated:
Secretary
Rev. 04/08103
CA-6
EXHIBIT A
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
· Water Main Replacement
. Interconnections
· Sanitary Sewer Line, Repair, Rehabilitation, Replacement
. Inflow & Infiltration Studies/Repair
· Wastewater Pump Station Rehabilitation/Expansion & Analysis
. Pump Sizing/Expansion/Improvements
. Stormwater Management
. Swale and Drainage Development/Improvements
. Outfalls
. Roadway and Transportation
· Neighborhood Improvements
. Lighting
. Sidewalks
. Park Amenities
. Other Related services
SCOPE D: ANCILLARY STUDIES and SERVICES
. Rate Analysis
. Accounting Procedures
. Revenue Bonds
. Risk Management
· Employee Training
· Performance Measurement & Organizational Management
. NPDES Permitting
· Vulnerability Assessments
· Master Plan Updates
. Clean Air Act Compliance
· Consumer Confidence Report
· Consumer Satisfaction Survey
· Wastewater Capacity Analysis
. Hydraulic Analysis
. Power Analysis
· Geographic Information Systems
· Aerial Photogrammetry & Photography
· Process Controls & Instrumentation
· Data Acquisition and Control Services (DACS)
· Supervisory Control & Data Acquisition (SCADA)
· Other Related Services
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal) $175 Stuart Oppenheim
Over 27 years experience. Responsibility Phil Feeney
include ensuring resources are applied to
provide client satisfaction.
Client Service Manager $185 Ron Ash
Over 30 years of experience in the Utility
Industry. Responsible for maintaining client
satisfaction.
Senior Project Manager $150 Ted Hortenstine
Over 20 years of experience. Provide technical John McLaughlin
and discipline support as tasks are assigned. Jim Nissen
Joseph Patemiti
Project Engineer $.145- Dilip Shaw
Over 20 years experience. Provide technical 1).3. (Y) Bob Hrabovsky
and discipline support as tasks are assigned. ~~ le4-cr b'l~{:g Rodger Toebben
Scientist ~. John Bratby
Over 30 years experience in the areas of process i.') I. C,D
desi~n. ~ leH~ 16J.'l.a,
Senior Designer IOf W Steve Davies
Over 32 years of experience in design and ~ ,~fl.cy- fc).,l,~.~
construction of infrastructure.
Designer $89-"~'7''O Robert Forsythe
Over 15 years of experience in laying out ~ (.e.tI~ bJ~"~
complex infrastructure systems
Senior EngineerlHydrogeologist $107 June Smith
Over 10 years of experience specializing in
pumping system hydraulics and pump
stations/forcernains.
EngineerlHydrogeologist (Technical Specialist) $88 Emily Mott
Over 4 years of experience in support of general Sean Kilpatrick
engineering/infrastructure projects.
Senior Professional Surveyor/Mapper $100 Perry C. White, PSM
Over 24 years experience as a Professional
Surveyor. Responsible for the oversight of all
major boundary, topographic and design
surveys. Responsibilities also include quality
assurance reviews, manpower projections and
job costing of all phases of survey operations.
* Not Identified in the Proposal
1
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper $100 Wilbur Divine, PSM
Over 27 years experience as a Professional
Surveyor. Responsibilities include field crew
personnel scheduling and coordination and daily
review of field data collection.
Engineering/Survey Technical $65 Bruce Johnson
Over 18 years experience performing under the Lynn Slaughter
direction of a registered engineer and/or surveyor
to assist in the preparation of base maps and
construction plan documents and details.
Senior Field Representative (Professional) ~ Ed Basham
Over 35 years of construction engineering , {.J;;l.. co
experience in Civil, Structural, Mechanical, ~ leJler to,X ~
Inspection and Construction Management.
Survey Crew $95 (2 man) Anthony McLemore P.S.M. (Party
Over 32 years experience in collection of field $115 (3 man) Chief)
data for boundary, topographic and design survey Richard Darville (Instrument Person)
projects to support engineering designs Larry Martinez (Rod Person)
GIS Specialist $l68-.{() Rene Rodriguez
Over 20 years experience as GIS/IT professional 13(.
~ le#~ IO..t~,(K
Graphics Specialist
Senior Inspector $90 Frank Torre
Over 23 years of experience conducting sanitary
sewer evaluation surveys
GPS Equipment ~ Roger Filer (Party Chief)
Over 22 years experience in data collection and ~l&t(; Bill Carpenter (Instrument Person)
survey field activities. We utilize GPS for :5~ I dl 1,,-
boundary and topographic surveys, horizontal ;0,)<6"3
surveys and maior canal cross-section projects.
Senior Administrative Support* ~ Gina F. Rodriguez
Over 15 years experience as a project coordinator ~o'~
in support of engineerinwconstruction projects. ~ lelley fO;)'I,.1fi
Administrative Support $53 Melissa Wich
Over 10 years of experience in document Annie Vega
preparation. Mary Price
* Not Identified in the Proposal
2
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis $'m~ Scott Bash
Over 18 years of experience in developing i3~
information technology solutions. ~(e:HQ/' IO..)1Ji G5
Rate Study $140 Grant Hoag
Over 15 years of experience in financial
consulting to utilities and governments.
Financial Services ~ Richard Stahr
Over 22 years of business consulting j"15" 0:' Roy Herwig
involving strategic planning for ~/e-tk. IO.:J~'l.;3 Len Enriquez
municipalities.
Instrumentation and Control Services $142 Steve Stern
Over 30 years of experience in
electrical/power/automation design for
utilities.
Human Resources Services $J.SO., Jim Couc1aine
Over 24 years of experience with expertise as J3 1'm
an instructor in management, operation, and ~ JeJicv 10,J<i' ,0:)
maintenance of utilities,
Data Acquisition and Control Services $115 Ron Stewart
Over 35 years of experience in SCADA
systems particularly for the water and
wastewater industry.
Direct Cost - Mark-up % Office, 10%
reproduction, mailing etc.
Direct Cost - Mark-up % sub-consuhants 10%
* Not Identified in the Proposal
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURL Y RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Geotechnical Project Manager $130 Raj Krishnasamy
Over 16 years of geotechnical experience
with involvement in diversified complex
projects.
III Project Manager $150 Rudy Fernandez
Over 31 years of experience in the
management of infiltration/inflow reduction
programs.
III Project Engineer $95 Ron Lynn
Over 20 years of experience in conducting
infiltration/inflow reduction programs.
* Not Identified in the Proposal
4
10-28-03; 1 : 18PM;BROWN AND CALDWELL
i3 R 0 '.\ '. \ N 1)
l \, " \ I I
;5616849902
# 2/ 2
1800 South Au.sualian Avenue
Suite 202
West Palm Beach, Florida 33409
Tel: (561) 684-3456
F~(561)684-9902
www.brownandClldwell.com
EXHIBIT B
October 28, 2003
Barbara Conboy, Manager
Utilities Administration
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
RE: Revised Rates
Dear Barbara:
Thank you for giving Brown and Caldwell the opportunity to revise our mtes
for the classifications in question. Please note that the revised rates as presented
have been rounded off to the nearest dollar.
CLASSIFICATION
REVISED RATES
Project Engineer
Scientist
Senior Designer
Designer
Senior Field Representative (professional)
GIS Specialist
GPS Equipment/Crew
Senior Administrative Support
Computer System Analysis
Financial Services
Human Resource Services
$123.00
$121.00
$109.00
$ 87.00
$122.00
$136.00
$ 86.00
$ 80.00
$135.00
$175.00
$135.00
Should you have any questions please do not hesitate to contact me at anytime.
Sincerely,
Brown and Caldwell
R~vf1i?~
Ronald M. Ash, P.E.
Vice President
Enll ronm~ntal Eng n~~rs 6- Consultants
B R () \\ '\ -\ N D
C .\ L f) \\ ILL
1800 South Austtalian Avenue
Suite 202
West Palm Beach, Florida 33409
Tel: (561) 684-3456
Fax: (561) 684-9902
www.btOwnandcaldwell.com
REceiVED
DEe 192003
1O__U1IL\1IES
December 8, 2003
Barbara Conboy
Manager, Utilities Administration
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, FL 33435
RE: Reply to Certified Letter # 7003 1010 0000 6300 9675
Dear Barbara:
Attached herewith please find the original "signed" Consultant Agreement
you recently sent me to include our Certificate of Professional Liability
Insurance.
Should you have any questions, please call me at any time. Best wishes
for the holiday season.
Sincerely,
BROWN & CALDWELL
~d1.;(~
Ronald M. Ash, P .E.
Vice President
Attachment
Environmental Eng
&
Consultants
neers
PRODUCER
ACORDTM CERTIFICATE OF LIABILITY INSURANCE 03/26/2004 D~;;~~~~;l
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CE:RTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, I:XTEND OR
TE TH V FF D H IC
Lockton Companies
444 W, 47th Street, Suite 900
Kansas City Mo 64112-1906
(816) 960-9000
INSURERS AFFORDING COVERAGE
BROWN AND CALDWELL AND ITS WHOLLY
OWNED SUBSIDIARIES AND AFFILIATES
201 NORTH CIVIC DRIVE
WALNUT CREEK CA 94596
INSURED
1052264
GREENWICH INSURANCE COMPANY
X L SPECIALTY INSURANCE COMPANY
COVERAGES
BROCAO 1
PA
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDiCATED, NOlWlTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR. ~~'4~rJ~rJ~E P~'4~iJ~lti~pN
LTR I TYPE OF INSURANCE POLICY NUMBER LIMITS
; GENERAL LIABILITY EACH OCCURRENCE $ -L.OOO 000
'__'____'1
:\ X j COMMERCIAL GENERAL LIABILITY GECOOO166203 03/26/2003 03/2612004 FIRE DAMAGE (Anv one rwe) $ 1,000 000
CLAIMS MADE [)(J OCCUR MED EXP (An~ne Dersonl $ 5000
: . - ----..---. --~---_..-, .l'ERSONAL & ADV INJURY $ 1.000000
I GENERAL AGGREGATE $ 2 000 000
-- ._~
i GEN'L AGGREC;9 LIMIT APf'l PER: I PRODUCTS - COMPIOP AGG $ 2.000000
i POLICY ~r-gT LOC
I AUTOMOBILE LIABILITY .
I COMBINED SINGLE LIMIT $
ANY AUTO NOT APPLICABLE (Ea accident)
ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
--
HIRED AUTOS
BODILY INJURY $
NON.OWNED AUTOS (Per accident)
___u__ .- ~.--. -----
,...... --~-_.._._- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACe IDENT $
;
ANY AUTO NOT APPLICABLE I
OTHER THAN EA Ace $
I AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
... l~ CLAIMS MADE
OCCUR NOT APPLICABLE AGGREGATE $
I $
D UMBRELLA I --
i DEDUCTIBLE FORM , $
--....--
I RETENTION $ $
13 i WORKERS COMPENSATION AND WECOOl4189 06/0112003 03/26/2004 x..lf";:R~W"YT~ I I~~H.
, EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT $ 1,000000
I EL. DISEASE - EA EMPLOYEE $ 1.000 000
EL. DISEASE. POLICY LIMIT $ I 000 000
^ : OTHER PECOOOOOO501 05/31/2003 05/31/2004 S 1,000,000 PER CLAIM! S 1.000,000
. PROH':S.SIONAL LIABILITY AGGREGATE
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLESJEXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS
RF: CONSIJf.TANT AGREEMENT FOR TWO-YEAR GENERAL CONSULTING AND ENGINEERING, CITY OF BOYNTON BEACH IS ADDITIONAL
INSURED AS RESPECTS GENERAL LIABILITY WHERE REQUIRED BY WRITTEN CONTRACT.
CERTIFICA TE HOLDER I I ADDITIONAL INSURED' INSURER LETTER: CANcel I A TlnN
1922569 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
BOY -07 DATE THEREOF, THE ISSUING INSURER WILL ..NOIi/WOR TO MAIL..2.Q._ DAYS WRITTEN
CITY OF BOYNTON BEACH
UTILITIES DEPARTMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,SUT F^ILUIU: TO gO liO SHALL
ATTN: BARBARA CONBOY, MANAGER IMPOSE NO OBUGATlONOR LI^SILlTYOF ANYKINllUPONTHE INSUREF:, ITS AGENTS OR
124 E. WOOLBRIGHT ROAD REPRESENTA'RVIiS.
BOYNTON BEACH FL 33435 AUTHORIZED REPRESENTATIVE /Z d ....L...
I / -----
ACORD 25-S (7/97) For questions regarding this c.n~fjC:ilt.. tonlac. the number listed in the 'Producer' section above and spe<:lfy the cl~nt code 'BROCA01'. @ACORDCORPORATION 1988
The City of
Boynton Beach
~
"Ir( n'" ~bJ'V\ITnN ero\rll
," v r ..' I .~ ,) CH...d
!~! :~'( fL ~r.: \' S OFF I CE
Utilities Department
124 E. Woolbright Road
Boynton Beach. Florida 33435
Phone (561) 742-645/
FAX: (561)742-6298
C:J DEe II PM 3: 5 '+
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 11, 2003
RE: 2 Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C .
D t
N
D
t
oples ae o. escnpllOn
1 Original Agreement - Crossroads
Engineering & Surveying, Inc.
1 Proof of Insurance
REMARKS: Please file accordingly.
CC: Procurement Services
Karen Riseley
SIGNED: f:r.J)f.- ~ PI; 01
~Q!~!Q~
LETTER OF TRANSMITTAL
1402 Royal Palm Beach Boulevard, Bldg. 500
Royal Palm Beach, FL 33411
Phone: 561-753-9723 Fax: 561-753-9724
www.crossroads-eng.com
Date:
Job:
December 8, 2003
03137
RECEIVED
DEe - 9 2003
BOYHrOI_UTILlrIES
Re:
Contract
To:City of Boynton Beach - Utilities Department
124 E. Woolbright Rd.
Boynton Beach, FL 33435
WE ARE SENDING YOU VIA: DFAX
Attention:
Mr. Barbara Conboy
DHardcopy transmitted as follows:
DTo Be Picked Up
DOriginals
DSepias
Du.s. Mail
DBlue Line Prints
DPhotocopies
DOvernight Delivery
DReports
DShop Drawings
DHand Delivery
DCopy of Letter
DDiskettes
Number of Copies Each Latest Date Description
Sheets
7 1 3/1/01 Administrative Policy Manual
1 1 10/1/01 Insurance Advisorv Form
6 1 11/18/03 Agreement General Consulting & Engineer
1 1 Infrastruture Improvements
5 1 Exhibit B - Classifications
4 1 12/5/03 Insurance Certifications
These are transmitted as checked below:
~As Requested
DAs we discussed
DFor your information
DFor your use
DFor Approval
DFor Review and comment
DFor Corrections
DReturned after Loan
I
CC:
REMARKS
Sincerely,
Project Number:03137
D General
D Geotech
D Other:
D Permits
D RIW-Survey
D Utilities
~ Contracts
D Environmental
D Proposals
By {J~
Dana I. Gillette, PE, PSM
Principal
E:\PROJECTSI03137 _Boynton BeachlContractlLOT Contract 12-8-03.doc
f<. [) 3~! f:;z
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Crossroads Engineering. Inc., hereinafter referred to as "Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on f'/ O(}. i 8'" ,2003, accepted the City
Administration's recommendation and designated Consultant as one of 15 qualified consulting
firms for Scope C to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-I
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms
for Scope C which will be assigned projects listed on Exhibit "A" and that the City has made
no representation or promise regarding which projects or the number of projects that will be
assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services-shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members ofthe Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
Crossroads Engineering & Surveying, Inc.
1402 Royal Palm Beach Blvd., BId. 500
Royal Palm Beach, FL 33411
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this ~ day of
1-40 "em be.{
CITY OF BOYNTON BEACH
~C'
Kurt Bressner, Ity Manager
Attest! Authenticated:
'tn.
Rev. 04/08/03
,20~.
O~tant
? f'e~. \ ~U\.\-
Title
(Corporate Seal)
Attest! Authenticated:
*~ tLciJ~
S tary
CA-6
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
PROJECT DIRECTOR (PRINCIPAL)
Qualifications Required: An owner of the firm with an engineering degree, a professional
engineering license and at least 15 years of experience responsible for the overall
functioning of the Engineering Division.
Technical Qualifications: A fully competent engineer capable of devising ne~
approaches to problems encountered, applying intensive and diverse knowledge 0
engineering principles in broad areas and related fields, and demonstrating creativity,
foresight, and mature engineering judgment in anticipating and solving engineering
problems. Knowledge of AutoCADD or MicroStation, Geopac, Excel, Word, and general
computer skills are also required.
Supervisory Responsibilities: Supervise the technical and administrative staffs.
Reports To: Board of Directors.
General Duties: Maintain contacts with key engineers and officials in other organizations,
demonstrating skill in persuasion and negotiation of critical issues. Coordination with
clients, permit agencies, subconsultants. Ensuring the quality and schedule of the work
product. Participation in marketing and sales presentations. Supervision of technical staff.
Preparation of proposals, contracts and invoicing.
NSPEJASCE Equivalent: Engineer Level VIII
Hourly Rate Employees Identified
$130.00 Gillette, Dana
CLIENT SERVICE MANAGER
SENIOR PROJECT MANAGER
Qualifications Required: This is professional position for a graduate engineer who has
obtained or is eligible to obtain a Professional Engineering license and at least 10 years 0
experience.
Technical Qualifications: Independently evaluate, select and apply engineering
techniques and procedures, using their judgment to make adaptations and modifications.
The professional engineer must be able to devise new approaches to problems
encountered and to independently perform most assignments. Knowledge of AutoCADD 0
MicroStation, Geopac, Excel, Word, and general computer skills are also required.
Supervisory Responsibilities: Oversee the work of engineers, designers and
administrative staff.
Reports To: A principal of the firm who will provide quality control reviews and instructions
as to general results expected.
General Duties: Responsible for design and preparation of portions of construction plans
for a variety of civil engineering projects, field reviews during construction to ensure
compliance with plans and specifications, coordination with clients, permit agencies,
subconsultants, and participation in marketing and sales presentations. Oversee technical
staff, assist in preparation of proposals, contracts and invoicing.
NSPE/ASCE Equivalent: Engineer Level VI
PROJECT ENGINEER
Qualifications Required: This is professional position for a graduate engineer who has
obtained or is eligible to obtain a Professional Engineering license and at least 5 years 0
experience.
Technical Qualifications: The professional engineer will independently or with mino
assistance from a supervisor evaluate, select and apply standard engineering techniques
and procedures, using their judgment to make adaptations and modifications. The
professional engineer must be able to devise new approaches to problems encountered
and to independently perform most assignments. Knowledge of AutoCADD or
MicroStation, Geopac, Excel, Word, and general computer skills are also required.
Supervisory Responsibilities: May be assisted by other memebers of the technical and
administrative staffs.
Reports To: A senior engineer or a principal of the firm who will review the work and
provide quality control reviews and instructions as to general results expected.
General Duties: Responsible for the overall design and preparation of construction plans
for a variety of civil engineering projects, field reviews during construction to ensure
compliance with plans and specifications, coordination with clients, permit agencies,
subconsultants, and participation in marketing and sales presentations. Oversee technical
staff, assist in preparation of proposals, contracts and invoicing.
NSPEJASCE Equivalent: Engineer Level V
$100.00 Khan, Nisar
Note: Mr. Khan holds a PhD in
Engineering from Perdue
$90.00 Hamblet, Sean
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourlv Rate EmDloyees Identified
SCIENTIST
SENIOR DESIGNER $60.00 Dussie, Dane
Qualifications Required: This is a position for a graduate engineer with 3 or more years
of experience who has obtained an Engineer Intem certification or who is eligible to obtain
an Engineer Intem certification.
Technical Qualifications: This individual will develop their knowledge and abilities in this
position by applying standard techniques, procedures and criteria exercising judgment on
details of work and in making preliminary selections of engineering techniques and
adaptations to those techniques to suit the particular assignment. This individual is
expected to understand and be able to apply standard practices and techniques, adjust and
correlate data and results, recognize discrepancies in results, and follow operations
throughout a series of related detailed steps. Knowledge of AutoCADD or MicroStation,
Geopac, Excel, Word, and general computer skills are also required.
Supervisory Responsibilities: The project engineer may be assisted by a technician.
Reports To: A professional engineer who will screen their assignments for unusual 0
difficult problems and select the techniques and procedures to be applied on non-routine
work.
General Duties: Design and prepare construction plans for a variety of civil engineering
projects, field review prior to design, on-site construction observation, coordination with
permit agencies and subconsultants.
NSPEJASCE Equivalent: Engineer Level III
DESIGNER
SENIOR ENGINEER/HYDROGEOLOGIST
ENGINEER/HYDROGEOLOGIST (TECHNICAL SPECIALIST)
SENIOR PROFESSIONAL SURVEYOR/MAPPER $130.00 Noth, James
Qualifications Required: An owner of the firm with a land surveying degree, registered
professional land surveyor and at least fifteen years of experience responsible for the
overall functioning of the Surveying Division.
Technical Qualifications: A fully competent surveyor demonstrating creativity, foresight,
and mature professional judgement. Capable of anticipating difficulties, devising solutions
to improve the production and quality of surveying services, and knowlegable of the Florida
laws and practices. Knowlege of AutoCADD or MicroStation, Geopac, CaCIE, Word, Excel
and general computer knowledge is required.
Supervisory Responsibilities: Responsible for the overall functioning of the Surveying &
Mapping Division. This position will oversee highering and firing and all surveys produced.
Reports To: Board of Directors
General Duties: Primary responsibilities include review of work in process and final maps
prior to release to clients, ensuring the quality and schedule of the work product,
coordinating with clients and other design team members, the preparation of survey
proposals. Also responsible for contract negotiations, survey invoices and
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
PROFESSIONAL SURVEYOR/MAPPER
Qualifications Required: Registered professional land surveyor and at least ten years of
experience.
Technical Qualifications: Technical requirements include proficiency with the FDOT
EFB/CEFB software, MicroStation, CAiCElGEOPAK, word processing and spreadsheet
programs.
Supervisory Responsibilities: Directly supervise the technician and crews and
responsible for the hiring of field and office personnel.
Reports To: A principal of the firm who will provide quality control reviews and instructions
as to general results expected.
General Duties: Production of field and office surveying and mapping functions. Prepare
surveys and right of way maps, prepare field set-up, reduce field data. Purchase survey
field equipment/supplies. Client liaison with current survey clients. Review weekly time
sheets of the survey crew and survey office personnel. Assist in the development of
proposals and contract negotiations.
Hourly Rate Employees Identified
$90.00 Laird. Terry
ENGINEERINGISURVEYING TECHNICIAN
Qualifications Required: This position requires a minimum of ten years of CADD drafting
and design experience with civil engineering land development and/or roadway plans
preparation.
Technical Qualifications: Technical requirements include proficiency with AutoCADD or
MicroStation. Additional experience with FDOT Bar Menus and CADD standards, CaiCE,
Geopak, Descartes, Autotum, Guidesign, Word and Excel is preferred.
Supervisory Responsibilities: none.
Reports To: The engineer or surveyor for the specific project. This position requires
working well with a variety of staff members within the firm.
General Duties: Assist the engineers and surveyors with the design and preparations 0
plans and surveys. Prepare plans using CADD, perform minor design efforts under the
direction of the project engineer or project surveyor.
SENIOR FIELD REPRESENTATIVE (PROFESSIONAL)
Qualifications Required: This is professional position for a graduate engineer with a
Professional Engineering license and at least 5 years of experience.
Technical Qualifications: The professional engineer will independently or with mino
assistance from a supervisor evaluate, select and apply standard engineering techniques
and procedures, using their judgment to make adaptations and modifications. The
professional engineer must be able to devise new approaches to problems encountered
and to independently perform most assignments. Knowledge of AutoCADD 0
MicroStation, Geopac, Excel, Word, and general computer skills are also required.
Supervisory Responsibilities: May be assisted by other memebers of the technical and
administrative staffs.
Reports To: A senior project engineer or a principal of the firm who will review the work
and provide quality control reviews and instructions as to general results expected.
General Duties: Responsible for the field reviews during construction to ensure
compliance with plans and specifications, coordination with clients, permit agencies,
subconsultants, and contractors. Participation in marketing and sales presentations, assist
in preparation of proposals, contracts and invoicing.
NSPEJASCE Equivalent: Engineer Level V
SURVEY CREW
2 Person
3 Person
4 Person
GIS SPECIALIST
GRAPHICS SPECIALIST
Banko, Katherine
Kramer, James
$60.00 Gable, Patricia
$100.00 Raysin. Harry
$85.00
$105.00
$130.00
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
SENIOR INSPECTOR $60.00 Dussie, Dane
Qualifications Required: This is a position for a graduate engineer with 3 or more years
of experience who has obtained an Engineer Intern certification or who is eligible to obtain
an Engineer Intern certification.
Technical Qualifications: This individual will develop their knowledge and abilities in this
position by applying standard techniques, procedures and criteria exercising judgment on
details of work and in making preliminary selections of engineering techniques and
adaptations to those techniques to suit the particular assignment. This individual is
expected to understand and be able to apply standard practices and techniques, adjust and
correlate data and results, recognize discrepancies in results, and follow operations
throughout a series of related detailed steps. Knowledge of AutoCADD or MicroStation,
Geopac, Excel, Word. and general computer skills are also required.
Supervisory Responsibilities: The project engineer may be assisted by the
administrative staff.
Reports To: A professional engineer who will screen their assignments for unusual 0
difficult problems and select the techniques and procedures to be applied on non-routine
work.
General Duties: Responsible for the field reviews during construction to ensure
compliance with plans and specifications, coordination with clients, permit agencies,
subconsultants, and contractors.
NSPEJASCE Equivalent: Engineer Level III
GPS EQUIPMENT $20.00
SENIOR ADMINISTRATIVE SUPPORT $60.00 Halliday, Susan
Qualifications Required: This is a position for a college graduate with 10 or more years 0
experience in the engineering consulting business.
Technical Qualifications: This individual will have a good personality, work well with the
public, and have good organizational and secretarial skills (telephone, typing, filing).
Knowledge of Excel, Word, and general computer skills are also required.
Supervisory Responsibilities: None
Reports To: A principal of the firm and any engineers or surveyors who require
assistance.
General Duties: Responsible for all aspects of helping the office to run smoothly. A wide
variety of duties include sorting incoming mail and handling incoming and outgoing
correspondence for all personnel; monitoring and ordering supplies; assisting the
bookkeeper by preparing accounts payable, preparing the checks and printing, and
handling accounts receivables by typing and recording invoices, preparing and recording
deposits, and assisting with collections; answering phones, filing, preparing files; assisting
Personnel Director with new employee packages, insurance, monitoring vacation time;
keeping office in good condition (make coffee, keep common areas neat, change light
bulbs, manage janitor service, etc.), conducting and documenting the computer backups
and restorations, assist with prepartion of proposals, letters of interest, and RFQs.
ADMINISTRATIVE SUPPORT
PARAPROFESSIONAL
AE~ALPHOTOGRAMMETRY Subconsult to Bosworth
Aerial Survevs
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourlv Rate Employees Identified
COMPUTER SYSTEM ANALYSIS $75.00 Gillette, Christopher
Qualifications Required: This is a position for a college graduate with 20 or more years 0
experience in the computer consulting business.
Technical Qualifications: This individual will have a good understanding of processes,
project management, quality control, and the engineering consulting business. Extensive
knowledge of various computer languages and technicques is also required.
Supervisory Responsibilities: None
Reports To: A principal of the firm and any engineers or surveyors who require
assistance.
General Duties: For software applications: conducting systems analysis interviews to
define the scope and requirements. developing a plan for development, coding, testing,
debugging, preparing documentation, implementing, revising. Responsible also for all
aspects of the office computer system: networking, maintaining email and website
accounts, troublshooting difficulties, performing backups and restores.
RATE STUDY
FINANCIAL SERVICES
INSTRUMENTATION AND CONTROL SERVICES
HUMAN RESOURCE SERVICES $100.00 Heath, Kimberly
Qualifications Required: This is a position for a college graduate with 10 or more years 0
experience in the engineering consulting business.
Technical Qualifications: This individual will have a good understanding of Florida
employment laws, insurance requirements and practices, payroll taxes, and competative
compensation rates for the engineering and surveying field. Knowledge of Excel, Word,
and general computer skills are also required.
Supervisory Responsibilities: Administrative staff
Reports To: The board of directors.
General Duties: Responsible for all aspects of human resources: help wanted
advertisements, review of resumes, interviews, salary negotiations, relocation, employee
manual and policies, insurance (health, dental, life, disability), benefits plans, retirement
plans, bonus plans, salary reviews, performance reviews, termination interviews, workers
compensation, workplace safety, unemployment compensation, payroll taxes.
DATA ACQUISITION AND CONTROL SERVICES
DIRECT COSTS - MARK UP % 110%
Office, Reproduction, Mailing, Etc.
DIRECT COSTS - MARK UP % 110%
Subconsultants
DEC-05-2003 16:21
COLLINSWORTH RLTER
P.02
(":" --. '-,.. ",...n. ... ."''''.... ~. ...."'UI&.1 I . .. ~ '" '" . ""'. ~ V .... I ll/V'>/lUUJ
PRODUCER (305)822-7800 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Collinsworth, Alter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Box 9315 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miamn Lakes, FL 33014-9315
Raquel Will iams INSURERS AFFORDING COVERAGE NAIC "
...tiUREDCrossroads Englneer,ng 8r Survey,ng, Inc. INSURER": Assurance COlq)any of America
1402 Royal Palm Beach Blvd. INSU~ II; Hartford Ins Co of the SE
Building 500 IfIlSIJI\ER c: Ohi 0 CaslJ31 ty Insurance Company
Royal Palm Beach, FL 33411 INSURER 0: Lloyds of london
INSURER E;
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AaoVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICAtE MAY BE ISSUED OR
MAY PERTAIN, THI; INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE. TERMS, EXClUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
_ TYPE OF I~URNlCE POUCY NUIMlER POLICY EFFEC11VE "R~ EXPIRATION
GEHeRAJ.. LIABILITY PPS36742279 08/21/2003 08/Zl/2004 EACH OCCURRefolCE
f..-:-
X CO~ERCIA.l. GENERAL LIASILI1Y DAMAGE TO REHTI:D
I CLAIMS MADE m OCCUR
LIMITS
$
S
1.000,00<
1. 000 . ooc:
10 . oOO!
1.000.0001
~,OOO.OO(J
2.000.ooel
8
GE/Il'L AGGREGATE LIMIT l,PPues PER:
I POLICY n ~~T n LOC
AUTouoelLE UAI!IIL1TY
-
X ANV AUTO
..;.;..
ALL OWNED AUTOS
-
SCHEDULED AUTOS
-
X HIRED AUTOS
...;.;.,
.!. NONoOWNEO "UTOS
MED ~ (My 0I'Ie person) S
PeRSONAL" ADV INJURY $
GENEAALAGGREGATe $
PRODUCTS - COMPfOp AGG $
A
21UECIN9606 02/09/2003 02/09/2004
COMBINeD SI"IGLE LIMIT
(Ea at::tJdenl)
s
1. 000. OOel
ElOOIL Y INJURY
(Per peracn)
s
90011. Y INJURY
(Per acctlleml
s
-
PROPERTY DAMAGE
(Per sc;dd....O
GAAAG~ UABIUTY
=1 ANY AUTO
~ESSIUM8RELLA UAIllLITY
.!J OCCUR 0 CLAIMS MADE
I DeOUCTI8LE
X1 RETENTION $ (
WORKERS COMPEitol5ATlOM AND
EU"1.0YEIW UAIlIUTY
ANY PROPRlETOFl/PARTNERJE)(ECUTlVE
OFFlCERiMaASER EXCLUDED?
If 1~ d~1le under
SPEl;1AL PROVISIONS below
P~~~ssional Liab;lity
o Claims-Made Form
Retro:7-21-9S
:e~'7iO~~:~:~/ 'fr~:~M~cn~Efg~U:\~I~~~~:d E~r:fR~t~E!~~~:.~~r:~~ i ty and Auto
is provide by ISO CA0001 under the definition "Who is an isured."
8XO(04)51116885 08/19/200)
08/21/2004
Altl'O ONLY - EA ACCIDENT S
EA ACe s
$
S
AGG
OTHER THAN
AUTO ONLY:
AGGREGATE
S
$
5
3 .000 . OO(J
3.000,00Cl
EACH OCCURRENCE
C
$
I we STATIJ.. I IO~-
E.L. EACH ACCIOEHT $
E,L. DISEAse. EA ELlPLOYEE I
PZ9003 07/21/2003 07/21/2004
E.L. DISEASE - POLICY LIMIT S
$1,000,000 General Aggregate
$1,000,000 Each Claim
$25.000 Deductible
Liability polic;es,
U^''''~D
'_ATlnN
Boynton 8each. City of
Utilities Department
124 East Woolbright
Boynton Beach. FL )3435
SHOULD ANY OF THE ABOVE DESCRIBED POLICIes BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
..1L DAYS WRITT1!N NOTICE TO THe C~FlCAT!l HaUleR NAMr;D TO THE! LEl'T.
BUT FA/LURE TO !/lA/I. 5UCH 1iI0TlCE til1ALL IMPOSE ~O OBLIGATION OR LIA8IUTT
OF /W't J<IND UPON THE IMSUfU!R, ITS AGI!Nr8 OR REPRESENTATIVES.
AUTHORIZmREPRESENTATIVE "lL ./ 7~
Meade Col1insworth/FVM ,F/~"'-~~~_/
~ACORD CORPORATION 1988
ACORD 25 (2001/08)
DEC-05-2003 16:21
COLLINSWORTH ALTER
P.03
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certltlcate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the tenns and conditions of the policy, certain policies may
require an endorsement. A statement on thIs certificate does not confer rfghts to the certificate
holder in lieu of such endorsement(s}.
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 2S (2001/08)
TOTAL P.03
12/05/2003 14:23
15513582112
EXCEL HR
PAGE 01
CERTIFICATE OF LIABILITY INSURANCE , DATE (MMIODIVYl
12/512003
'ROOUCER (407)788-3000 FAX (407)788-7933
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
Insurance Office of America, Inc. RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFIC"TE DOES NOT AMMENO, EXTEND
150 N. Westmonte Drive OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 162207
Altamonte Springs, FL 32716-2207 INSURERS AFFORDING COVERAGE
INSURED EXCEL Administrative Solutions, Inc. INSURER A: Everest Netionallnsurence Co.
2120 N. Dixie Hwy. INSURER B:
Boca Raton, FI. 33431 INSURER C:
INSURER D:
INSURER E:
u__-~-'.'-- .._..- -. -_.--
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR
CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES
DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POlley NUMBER I POLICY EFFECTIVE TPOL'CY EXPIR~~N LIMITS
lTR DATE IMMIDDNYI DATE IMMlDD
GENERAL liABILITY 1 I I ~CH OCCURRENCE -<
-
- COMM GENERAL LIABILITY IRE DAMAGE (Any one flrel $
- CLAIMS MADE DOCCUR MeD EXP (Anyone person)
- PERSONAL & ADV INJURY
L- GENERAL AGGREGATE
GEN'L AGO llMn~llES PERn, PRODUCTS-COMPIOP AGG
npOl PROJ LOC
AUTOMOBILE LIABILITY T I I '-'OMBINED SINGLE LIMIT (Ea $
ANY AUTO ecddent)
-
ALL OWNED AUTOS BODilY INJURY (Per person) $
-
- SCHEDULED AUTOS
- HIRED AUTOS BOOIL Y INJURY (Per accident $
I- NON-OWNED AUTOS
I- PROPERTY DAMAtiE ~ $
OCCident)
GARAGE LIABILITY T I I UTO ONLY - EA ACCIDENT
ANY AUTO EA Ace $
- OTHER THAN
AUTO ONLY: AGG $
i'XCESS LIABILITY I I I EACH OCCURRENCE
:=}OCCUR UCLAIMS MADE -
AGGREGATE
R~EDUCTlBLE
RETENTION ($
WORKERS COMPENSATION AND 2700009882-031 _~. 04/01/2003 [ 04/0112004 we Statu- tory
",MPLOYERS' LIABiliTY Umlls OTH-ER
-. -- -----------
A .L. E~CH ACCIDENT $100000
.L. DISEASE-EA EMPLOYEE $ I 000.00
~l. DISEASE-POLICY LIMIT $100000
pTHER - I -1-~--
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESIEXLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Coverage is provided for only those employees leased to (but not subcontractors of):
Crossroads Engineering & Surveying 1402 Royal Palm Beach Blvd, Bldg 500 Royal Palm Beach Fl 33411
Fax: 561-753-9724
lCERTIFICA TE HOLDER I IADDITIONAlINSURED; INSURER LETTER IICANCELLA lION I
SHOULD AtoN Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
The City of Boynton Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~DAYS WRITTEN NOTICE
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE COMPANY ITS AGENTS
Utilities Dept OR REPRESENTATIVES. .
124 East Woolbright Road Autl10rized RapresenlBUve
~A-~
Boynton Beach, FL 33435 Glen Esbjorn
COVERAGES
12/05/2003 14:23
15613682112
EXCEL HR
PAGE 02
IMPORTANT
f the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certifcale holder in lieu of
;uch endorsement(s).
r SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certiliate does not confer
ights to the certificate holder in lieu of such endorsements(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the
certificate holder, nor does it affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon.
The City of
Boynton Beach
~
CITY OF EOY~frCN BE;~~;H
C!TY C:..:f~;'\'S Or:-F'iGE
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Phone (561) 742-6451
FAX: (561)742-6298
03 DEe II Prl 3: S4
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 11, 2003
RE: 2 Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
c
D
N
D
oples ate o. escnptton
1 Original Agreement - Kimley-Horn & Assoc.
1 Proof of Insurance
REMARKS: Please file accordingly.
cc: Procurement Services
Karen Riseley
SIGNED: f1Jl G~ /2/103
',I
~__n Kimley-Horn
~ U and Associates, Inc.
RECEIVED
DEe - 9 2003
BOYNTONBMCHUTILmES
4431 Embarcadero Drive
West Palm Beach, FL 33407
TEL 561 845 0665
FAX 561 863 8175
Transmittal
Date: December 8.2003 Job No.:
To: Ms. Barbara Conboy
The City of Bovnton Beach. Utilities Deot.
124 E. Woolbriaht Road
Bovnton Beach. FL 33435
Re: Consultant Aareement
We are sending you
o Attached
o Shop drawings
o Other:
o Via Fed Ex Priority
o Prints/plans 0 Samples
the following items:
OSpecifications 0 Change Order
Copies Date No. Description
1 Original executed Consultant Agreement
1 Copy of Professional Liability Insurance Certificate
1 Copy of General Liability Insurance Certificate
These are transmitted as checked below:
. For your use 0 Approved as submitted
o As requested 0 Approved as noted
o For review and commentO Returned for corrections
o Resubmit _ copies for approval
o Submit _copies for distribution
o Return _ corrected prints
Remarks:
Ms. Conboy.
Please note that yOU will be receivina oriainal Certificates of Insurance in the mail.
Copy to:
File
Si9~
-.- - Michael D. Spruce. P.E.
H:\GeneraJ\Spruce\Marketing\Boynton Beach\Consultant Agreement Trans.doc
11 (.3~ /,(2
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Kimley-Horn & Associates. Inc., hereinafter referred to as "Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope( s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on tJ()(j, I g' , 2003, accepted the City
Administration's recommendation and designated Consultant as one of six (6) qualified
consulting firms for Scope A, one of five (5) qualified consulting firms for Scope B, and one of
15 qualified consulting firms for Scope C to provide general engineering services to the City;
and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-I
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of six (6) consulting
firms for Scope A, one of five (5) consulting firms for Scope B, and one of 15 consulting
firms for Scope C which will be assigned projects listed on Exhibit "A" and that the City has
made no representation or promise regarding which projects or the number of projects that
will be assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
CA-2
c. Final payment of any balance due the Consultant will be made promptly upon its
ascertainment and verification by the City after the completion of the work under this
agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
CA-3
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death ofa member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) written
days notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
J(IM L~----=---Ho~ ~ AS~DClA-n..s I It0c.
AA~' E.MeAr1ttA"J>~ DelVe.
WeE;, YALM Be.ACJf, FL 3 ~v61
AnN: Ml {,~U- Sp~~ e.. y.'; .
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this ~ day of
N.E)veM be.(
CITY OF BOYNTON BEACH
KB~~
urt ressner, lty anager
Attest! Authenticated:
Rev. 04/08/03
CA-6
,20 03.
o~~...-x;::-
Consultant
~ l~ ((~\XN-t
Title
(Corporate S~al)
Attest! Authenticated:
~2
,e:~'H- .
~
EXHIBIT A
SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT
. Low Pressure Membrane Softening
. Low Pressure Reverse Osmosis
. Nanofiltration
. Anionic Exchange
. Lime Softening
. Other Related Services
SCOPE B: WELLFIELD DEVELOPMENT and HYDROGEOLOGY SERVICES
. Well Redevelopment and Modification
. Bringing Existing Wells to Production
. New Surficial Wells
. Locating and Installing New Floridan Aquifer Wells
. Wellfield Improvements
. Aquifer Storage & Recovery (ASR) Well Development
. Deep Injection Well Maintenance and Repair
. Multi-purpose ASR/Floridan Wells
. Well field Protection
. Wellfield Flow Analysis
. Other Related Services
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
. Water Main Replacement
. Interconnections
. Sanitary Sewer Line, Repair, Rehabilitation, Replacement
. Inflow & Infiltration StudieslRepair
. Wastewater Pump Station Rehabilitation/Expansion & Analysis
. Pump Sizing/Expansionllmprovements
. Stormwater Management
. Swale and Drainage Development/Improvements
. Outfalls
. Roadway and Transportation
. Neighborhood Improvements
. Lighting
. Sidewalks
. Park Amenities
. Other Related services
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Kimley-Horn and Associates, Inc.
Classification Hourly Rate Employees Identified
Project Director (Principal) $180.00 Charles Geer, P.E.
Fred Schwartz, P .E.
Includes QAlQC Officer & Principals participating Paul Cherry, P.E.
John Potts, P.E.
on the Technical Review Committee, supervising Joe Edgar, PSM
specific assignments under Scopes A, B, and C, or
participating in Community Involvement activities.
Client Service Manager $150.00 Michael Spruce, P.E.
Single point of contact for client. Coordinator of all
professional services. Responsible for schedule and
bud.e;et compliance.
Senior Project Manager - Professional 7 $150.00 David Bardt, P.E.
Jim Sumislaski. P.E.
Includes senior engineers (non-Principals) serving on David Stewart, P.E.
the Technical Review Committee or providing Russell Barnes, P.E.
leadership in a specific discipline. Mark Miller, P.E.
Senior Project Engineer - Professional 6 $135.00 Gary Ratay, P.E.
Jeff Mullis, P.E.
Steve Orr, P.E.
Includes senior engineering staff (more than 10 yrs Angelina Fairchild, P.E.
experience) participating on assignments under Mark Fairchild, P.E.
Scopes A, B, and C.
Project Engineer - Professional 4 and 5 $110.00 Christopher Barlow, P.E.
Kevin Schanen, P.E.
Lorin Brissett, P.E.
Includes registered engineering staff participating on Jason Matson, P.E.
assignments under Scopes A, B and C. Scott Thourot, P.E.
Project Engineer - Professional 3 $90.00 Tom Schilling
Larry Vicars
Includes engineering staff participating on Tom O'Donnell
assignments under Scopes A, B and C.
Professional Intern 1 and 2 $80.00 Deavon Vter
Hector Casablanca
Includes junior professional staff participating on Kelly Rosenberger
assignments under Scopes A, B and C. Adam Kerr
Senior Environmental Scientist $135.00 Mike Kiefer
Will perform Supervisory role to junior staff on
environmental issues related to permitting and
construction.
Junior Environmental Scientist $80.00 Alison Connell
Craig Browning
Will participate in environmental studies related to
permitting and construction.
H:\General\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 1
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Kimley-Horn and Associates, Inc.
Classification Hourly Rate Employees Identified
Senior Designer $100.00 Sal Santore
Ken Pham
Includes Senior CADD designers that will take lead Steve Sullivan
roles in production of project plans, and perform Alan Parenteau
such activities as utility routing and roadway layout.
Designer $75.00 Jude DiGiovanni
Art Barns
Includes CADD Operators participating on Chad Korywchak
Dave Griffin
assignments under Scopes A, B and C.
Senior Engineer/Hydrogeologist $150.00 Bruce Cutright, P.G.
1"/000 David Goldman, P.G.
Senior hydrogeologists participating on the Technical ~ ItHC!/ dl'Jc~1 lo.lt:; Os
Review Conunittee for Scopes A & B.
Senior Professional SurveyorlMapper $125.00
Professional SurveyorlMapper $100.00
Engineering/Survey Technician $75.00
Senior Field Representative
(Professi onal)
Survey Crew
4 person crew $140.00
3 person crew $120.00
2 person crew $95.00
GIS Specialist $120.00 John Carter, AICP
Randyl Goss
Includes GIS Specialists who will participate in
conversion of utility as-built information to GIS
coverages.
Graphics Specialist $80.00 Danny Finch
Chris Pearl
Includes graphic artists who will assist in preparing
presentation graphics for use in Community
Involvement meetings or for other uses by the City.
Senior Inspector $80.00 Steve Mills
Glenn Rieske
Includes senior field staff who will perform Ron Shipman
construction observation services.
H:\GeneraI\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 2
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Kimley-Horn and Associates, Inc.
-'
Classification Hourly Rate Employees Identified
GPS Equipment $20.00
Senior Administrative Support $65.00 Marilyn Carran
Susan Raisor
Includes senior clerical and accountin~ staff.
Administrative Support $55.00 Cathy Yoder
5;.50 Sharda Dunne
Sharon McManis
Includes junior clerical staff. ~ le~(!'-- Jo.frd 10 1'5 () 3 Greta Bouslog
Senior Landscape Architect $135.00 David Woodward, ASLA
Keith Pelan, RLA. AICP
Includes registered landscape architects to support
utilitv team
Junior Landscape Staff $80.00 Sean Grochowski
Direct Costs - Mark-up% 5.85%
Office, reproduction, mailing, etc.
Computed as a percentage of labor charges and not
itemized
Direct Costs - Mark-up % sub- 1-:5-%
Consultants /07,)
Kimley-Hom will apply a 15% markup to the ~ '~~(Y d,^~ cd [0 /i) ~
attached subconsultant billin~ rates. 0_)
CADD Computer $25
H:\General\Spruce\Proposals\Boynton Beach\Rate Schedule. doc 3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Heller, Weaver & Sheremeta, Inc.
Classification Hourly Rate Employees Identified
Principal $140.00 John Weaver. PSM
Project Manager $110.00 Dan Laak, PSM
Professional Land Surveyor $95.00
Senior/Certified Engineering/Surveying $75.00
Technician
Surveying Technician $65.00
Surveying Field Supervisor $65.00
(Party Chief)
Two Person GPS Survey Crew $110.00
Surveying
$105.00
Three Person Crew $85.00
Two Person Crew
H:\General\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Heller, Weaver & Sheremeta, Inc.
Classification Hourlv Rate Employees Identified
CADn Operator with machine $60.00
Clerical $45.00
Draftsman $50.00
Proposed rates are the same rates used on previous work for the City of Boynton Beach.
H:\General\Spruce\Proposals\Boynton Beach\Rate Schedule. doc 5
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
JLA GeoSciences, Inc.
Classification Hourly Rate Employees Identified
Project Director (Principal) $96.00 James Andersen, PO
Senior Engineer/Hydrogeologist $96.00 Paul Stout, PhD, PO
H:\General\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 6
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
RosTek Associates, Inc.
Classification Hourly Rate Employees Identified
Project Director (Principal) $145.00 Ian Watson
Associate $110.00
Drafting $75.00
ClericallW ord Processing $50.00
H:\GeneraI\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 7
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Hillers Electrical
Classification Hourly Rate Employees Identified
Project Manager $95.00 Paul Hillers
Project Engineer - Design $85.00
Project Engineer - Programming $90.00
Construction Coordinator $75.00
CADD Operator $65.00
CADD Drafting $50.00
Secretarial $35.00
H:\GeneraI\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 8
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Control Systems Design
Classification Hourly Rate Employees Identified
Principal $115.00 Mark Biehl
CADD Services $60.00 Kevin Kelly (Kelly Cadd Services)
H:\GeneraI\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 9
~=~
EXHIBIT B
Kimley-Horn
and Associates, Inc,
October 15, 2003
Ms. Barbara Conboy
Manager, Utilities Administration
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, FL 33435
RECEIVED
OCT 1 6 2003
BOYIIONBfICHUTlUTlES
.
4431 Embarcadero Drive
West Palm Beach, Florida
33407
Re: Certified Letter #7003 1010 0000 6300 9484
Dear Ms. Conboy:
We received the referenced letter regarding our proposed hourly billing rates.
Recognizing that our proposed rates fall outside of the acceptable range in
specific categories, we propose the following revisions to our proposed billing
rates for the categories in question.
Classification
Senior Engineer/Hydrogeologist
Administrative Support
Direct Costs - Mark-up
Previous Proposal
$150.00
$55.00
15%
Revised Proposal
$140.00
$52.50
10%
Thank you again for the opportunity to submit our proposed billing rates. We
trust that the revised rates will meet your approval. Please contact me at (561)
840-0852 if you have any further questions.
Sincerely,
KIMLEyg; AND ASSOCIATES, INe.
::P:i. ~ ~
Michael D. Spruce, P.E.
H:\General\Spruce\Proposals\Boynton Beach\Conboy Ltr IO-15-03.doc
.
TEL 561 845 0665
FAX 561 863 8175
12/08/2003 09:52
9043%5137
ABERCROMBIE INS
PAGE 01
ACORD". CERTIFICATE OF LIABILITY INSURANCE I DATE
12/08/2003
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UpON THE CERTIFICATE
ABERc:ROMBIE INSUJiUl,NCE AGENCY, INC . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. BOX 5857 ALTER THE COVEAAGE AFFORDED BY THE POLICIES BELOVY.
INSURERS AFFORDING COVERAGE -
JACKSONVILLE FL 3224.7-5857
lNSURI!:D INSUREI\A: TRAVELEllS PROPERTY CASUAL'IY :INS CCHPANY
KIMLEY-HORN AND ASSOCIATES, INC 1"',"VRERll: A.M. BEST ~TING "A++"
P. 0_ BOX 33068 IN6URER c:
INSuRE" D;
RALE:IGH NC 276315-3068 IN!lU"IOR E:
THE pOLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FO~ THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV
Ri=QUIFlEMENT, ,ERM OR CONDltION OF AN'( CONTRACT OR OTHER DOCUMENT \MTH RESPECT TO 'MtICH THIS CERTIFICATE M/lo.V BE ISSUED OR MA'Y PERTAIN,
THE INSUAANGE AFFORDED BY THE POLICIES DESCRI8ED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH pOLICIES
AGGREGATE L1MrTS SHOWN MAY HAVE BeEN REoucED BY PAID C\.O.IMS.
r~~: TYPE OF INSURANCE POLIcY NUftlM!R
A GE~IiiRAL UABlUTY P-63D-315X3o\1715-TI:1o-03
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09/01/2003 09/01/2004
LIMITS
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I 1 1 1 BODILY INJURY
(Par eQ;ldool'1i) S
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DESCRIPTION OF OPERATlQNSI\..OCATlON51V2H1CLESIEXCUllllONS ADDED IIY ENUOR9EMENTlSPEclAL. F'ROII1B1ONS
mOJEC~: GEKBML CON3Ut.'rINl;: AND nGINUlllINS SJlRVICES. 1QIJl. noJBC'f lGll.: KICHUL D. BPlilUCE, P.Ii:. 'l.'illl CITY OF BOnnON
ll1!lACll IS m J\Dt) I L INSUlU!lP FOR !.IAJl:rl.X'1':r om.1' !'OR TIlIB ~CT.
CERTIFICATE HOLDER T xl ADDITIONAL IISUFlED, INSUI'BHETTER: A
CITY OF BOYNTON BEACH/UTILITIES DEPT
Al'TN: MS ~ CONBOY
124 E. WOOLBRIGHT ROAD
BOXNTON BBACH FL 33435-
ACORD 25-S (7f97)
ft,; 1"'50265 (9910).01 ELECTRONIC LASER F
CMiCELUTION
SHOULD "NY OF TlfE AlolIC DESc:R1IED POLICIeS BE cANcel.LEtl BEFORE -mE
EXPlRA"TJON 0I0'TE THEREOF, 'n4li ISSUING INSURlill WILL ~- MAlL
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ACORn. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMID!7JYY)
12/8/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
8B&1 InsurarM;e Services, Inc;. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
7823 National Service Road HOLDER. THIS CERTIFICATE DOES NOT A"':ND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUClES BELOW.
2nd Floor
Greensboro, NC 27419 INSURERS AFFORDING COVERAGE
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INSURED .!NSUREA A:. Security Insurance Co ~f Ha~o~__
Klmley-Horn and Associates, Inc. .-
INSURER B;
~ttn: Mindy Zeni . - ----
INSURER C:
PO Box 33068 - -
IN5lJ111I!RD:
I Raleigh, NC 27636 _.... .-
INSURER E;
Cllentl: 660269
80KIMLEHOR1
COVERAGES
THE POLICIES OF INSUAANcE LISTED BELOw HAVE BeeN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY pe"'IOD INDICATED. NOTWITHSTANDING
ANY ~EaUJREMENT. TEAM OR CONOITION OF ANY CONT~T OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ~u. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICies. AGGREGATE LII,.1ITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS.
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08/D1J02
08/01/04
DESCFllJlTlOrl OF OI'EFIATIONSIlOC"T101\1S1\/EHlCLE9IEXCLUSIOHS ADDED IV I!NDOIl!ll'MENT/5PEClAL PROVISIONS
General Consulting and Engineering Services
Project Mgr; Michael D. Sprul;8. P.E.
CERTIFICATE HOLDER
I [ AODmOHAl..lNSURED'INGUAEALETTEA:
CANCELLATION
The City of Boynton Beach
Utilities Department
AU: Barbara Conboy
124 E. Woolbright Road
Boynton Beach, FL 33435
SHaJLD ANYOI'THE ABOIrE DESCABED POlJCIES DE CANCELLED BEFORE 1)IE ElI'lfl4l1CIN
DATE 1)IEFlEOF, TMIi ISSUING lH9Uf1ER WILL ENDEAV~ TOMAILJD-..DATSWRlTTEN
NOTICETOTHE CERTIfICATE HOLDERNIlM ED ,0 THE LEFT. BUTI=A1LURE 'TO 1)0 90 SHALL
1M POsE NO 08 UGATlON DR LIABILITY OF AI'I Y KIND UpON TH E INSURER,ITS AGENTS OR
"EPRESENTATW~
AUThO~DREPeS~~
\2...C'w. Q 1 ~
(j) ACON>~ CORPOf:lATION 1988
ACORD 25-S (7f97) 1
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of 2 #S1030329/M618389
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A CORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE
12/08/2003
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ABERCROMBIE INSURANCE AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. BOX 5857 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
JACKSONVILLE FL 32247-5857
INSURED INSURER A: TRAVELERS PROPERTY CASUALTY INS COMPANY
KIMLEY-HORN AND ASSOCIATES, INC INSURER B: A.M. BEST RATING "A++"
P. O. BOX 33068 INSURER C:
INSURER D:
RALEIGH NC 27636-3068 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER Pgl-+~~:~~~g~~ Pgk'f:,~~~~N LIMITS
LTR
A GENERAL LIABILITY P-630-315X3476-TIL-03 09/01/2003 09/01/2004 EACH OCCURRENCE $ 1,000,000
-
~ ~MERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone lire) $ 500,000
I-- CLAIMS MADE ~ OCCUR / / / / MED EXP (Anyone person) $ 5,000
I-- PERSONAL & ADV INJURY $ 1,000,000
I-- / / / / GENERAL AGGREGATE $ 2,000,000
@'LAGGREnE LIMIT AAES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
X POLICY j~8i LOC / / / /
A ~TOMOBILE LIABILITY P-810-171L6115-TIL-03 09/01/2003 09/01/2004
COMBINED SINGLE LIMIT
~ ANY AUTO (Ea accident) $ 1,000,000
I-- ALL OWNED AUTOS / / / / BODILY INJURY
I-- SCHEDULED AUTOS (Per person) $
~ HIRED AUTOS RECEIVED / / / / BODILY INJURY
~ NON-OWNED AUTOS (Per accident) $
/ / / /
DEe 10 PROPERTY DAMAGE
(Per accident) $
RRAGE LIABILITY S ~YNroN8lACHUTILITIES AUTO ONLY - EA ACCIDENT $
ANY AUTO / / / / OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY / / / / EACH OCCURRENCE $
0' OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE / / / / $
RETENTION $ $
A WORKERS COMPENSATION AND 836G878-3-03 09/01/2003 09/01/2004 X I T~~4'I~Hs I TOTH-
EMPLOYERS' LIABILITY ER
E.L EACH ACCIDENT $ 500,000
/ / / / E.L DISEASE - EA EMPLOYEE $ 500,000
E.L DISEASE - POLICY LIMIT $ 500,000
OTHER
/ / / /
DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
PROJECT: GENERAL CONSULTING AND ENGINEERING SERVICES. KHA PROJECT MGR: MICHAEL D. SPRUCE, P.E. THE CITY OF BOYNTON
BEACH IS AN ADD' L INSURED FOR LIABILITY ONLY FOR THIS PROJECT.
CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: -A- CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL l!:~lEX~ MAIL
30 DAYS WRITTEN NOTICE TO THE CERTlACATE HOLDER NAMED TO THE LEFT, ~X
CITY OF BOYNTON BEACH/UTILITIES DEPT ~~~~l4~til(ll:ilOf~~"~~)t)(E
ATTN: MS BARBARA CONBOY ~ t(
124 E. WOOLBRIGHT ROAD AUTHORIZ~EPREJTAX 1:, I
BOYNTON BEACH FL 33435- 11. ) 1'1:";:
ACORD 25-S (7197) MS, INC. )800)327-0545 /\.j @ ACORD CORPORATION 1988
ftTM-INS025S (9910).01 ELECTRONIC LASER F Page 1 012
~-
The City of
Boynton Beach
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Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Phone (561) 742-6400
FAX: (561)742-6298
03 DEe I 5 ,0/"1 '? ",.
V'vb
OFFICE OF THE DIRECTOR OF UTILITIES
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 12, 2003
RE: 2- Y ear Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C
D t
N
D
t
oples ae o. escnpllOn
1 Original Agreement - URS Corporation
1 Proof of Insurance
REMARKS: Please file accordingly.
CC: Procurement Services
Karen Riseley
SIGNED:~ G~ l2/:2 ()-3
(
If 0 -3--IY';z.
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and URS COl:poration, hereinafter referred to as "Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on No j}, It, 2003, accepted the City
Administration's recommendation and designated Consultant as one of five (5) qualified
consulting firms for Scope B, and one of 15 qualified consulting firms for Scope C to provide
general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-l
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF .SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit' A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of five (5) consulting
firms for Scope B, and one of 15 consulting firms for Scope C which will be assigned
projects listed on Exhibit "A" and that the City has made no representation or promise
regarding which projects or the number of projects that will be assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSIllP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services...shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death ofa member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
INTEGRA TED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this { B day of
~o\lem bev
CITY OF BOYNTON BEACH
Kurt~~
Attest! Authenticated:
Rev. 04/08/03
,20Q3.
Ui C<,
Title
d!;;j~
\,,\U1II',,- SHIRLEY STAlK
"~_._..-
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\~ c:on;~:- II DOIU916
IDndIc:t"NIIIGnaI~Mn.
CA-6
EXHmIT A
SCOPE B: WELLFIELD DEVELOPMENT and HYDROGEOLOGY SERVICES
. Well Redevelopment and Modification
. Bringing Existing Wells to Production
. New Surficial Wells
. Locating and Installing New Floridan Aquifer Wells
. Wellfield Improvements
. Aquifer Storage & Recovery (ASR) Well Development
. Deep Injection Well Maintenance and Repair
. Multi-purpose ASR/Floridan Wells
. Wellfield Protection
. Well field Flow Analysis
. Other Related Services
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
. Water Main Replacement
. Interconnections
. Sanitary Sewer Line, Repair, Rehabilitation, Replacement
. Inflow & Infiltration Studies/Repair
. Wastewater Pump Station Rehabilitation/Expansion & Analysis
. Pump SizinglExpansionlImprovements
. Stormwater Management
. Swale and Drainage Development/Improvements
. Outfalls
. Roadway and Transportation
. Neighborhood Improvements
. Lighting
. Sidewalks
. Park Amenities
. Other Related services
EXHIBIT B
URS SCOPE B
WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Project Director (Principal)
Independent Technical Reviewers $140.00 R. Giovanelli
T. Kwader
Senior Technical Specialist W /Q, A. Padva
RIO
Client Service Manager
$145.00 T. Mullin
Senior Project Manager
Project Manager $125.00 R. Cooper - PM
Project Engineer B. Desilet B. Fehring
$85.00 B. Guernik C. Thurlow
X. Houdil J. Miller
H.Gao A. Lin
Scientist
$95.00 T. Carberry M. Easly
R. Gunther
Senior Designer
$80.00 B. Oldford
Designer
$75.00 P.Perry
C. Barrett
Senior Engineer/Hydrogeologist M. Walters S. Lepore P.
$105.00 Barbieri
E. Siersema H. Bernacki
G. Wray C. Causaras
B. Waller L. SwayZe
Engineer/H ydrogeologist(T echnical M. Soko
Specialist) $80.00 D. Schulte
E. Leding
S. Lidell
C:\Documents and Settings\conboy.OOO\L.ocal Settings\Temporary Internet Files\OLK3I\Boynton Beach Pricing- Scope B.doc
1
EXHIBIT B
URS SCOPE B
WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Senior Professional Surveyor/Mapper
$95.00 E. Lindsay
Professional Surveyor/Mapper
$75.00 D. Wichser
Engineering/Survey Technician
CADD Services $60.00 H. Perry D. Nemeth J. Kneiss
J. Hernandez C. Balneau R.
Campbell
H. Nejib D. Buitrago
Senior Field Representative
(Professional) $70.00 M. Guinta S. Wetz E. Sexton
R. Bernal J. Salazar
Survey Crew
2 Man Crew $90.00 Party Chiefs - Aldrich, Brown,
3 Man Crew $115.00 Cope &
Zubko
GIS Specialist
Graphics Specialist
Senior Inspector J. Grogan
$65.00 L. Di Pasquale
D. Jones
G. Massinger
GPS Equipment
Equipment $30.00
2 Man Crew $130.00
3 Man Crew $150.00
C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\OLK31 \Boynton Beach Pricing- Scope B.doc
2
EXHIBIT B
URS SCOPE B
WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Senior Administrative Support
$47.50 C. Ketelhut
Administrative Support
$40.00 R. Hankins F. Montalvo
P. F onaine P. Kline
L. Moorer J. Kennedy
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
$75.00 T. Pederson
Data Acquisition and Control Services
C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\OLK31 \Boynton Beach Pricing- Scope B.doc
3
EXHIBIT B
URS SCOPE B
WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Direct Costs - Mark-up %
Office, reproduction, mailing, etc. 10%
Direct Costs - Mark-up % sub-
consultants 5%
Legal Attorney
Permitting Support $250.00 S. Poole
Water Quality Testing
$75.00 G. Russell
(See attached list
for Lab Testing
Prices)
C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\0LK31 \Boynton Beach Pricing- Scope B.doc
4
EXHIBIT B
URS SCOPE C
INFRASTRUCTURE IMPROVEMENTS
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Project Director (Principal)
Independent Technical Reviewers $140.00 R. Giovanelli
D. Wilcox
Client Service Manager
$145.00 T. Mullin
Senior Project Manager
$125.00 R. Zuccaro
Project Engineer
$85.00 X. Houdil E. Montanez A. Lin
H.Gao A. Nunez
Senior Technical Specialists
Transportation Systems $125.00 R. Shaumugan
Water/ Wastewater B. Cooper
Senior Designer
$80.00 B. Oldford F. Sayeed C.
Thurlow
P. Tharitimanont
Designer
$70.00 P. Perry A. Malcolm
C. Barrett J. Barlett
Senior Engineer/Architect G. Wray S. Lepore
$110.00 H. Bernacki T. Baez
C Macey J. King
P. Barbieri P.Shanmugam
Engineer/Hydrogeologist(T echnical
Specialist) $70.00 M Giunta R. Bernal
C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\OLK31 \Boynton Beach Pricing- Scope C.doc
1
EXHIBIT B
URS SCOPE C
INFRASTRUCTURE IMPROVEMENTS
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Senior Professional Surveyor/Mapper
$95.00 E. Lindsay
Professional Surveyor/Mapper
$ 7 5.00 D. Wichser
Engineering/Survey Technician
CADD Services $60.00 H. Perry D. Nemeth J. Kneiss
J. Hernandez C. Balneau R.
Campbell
H. Nejib D. Buitrago
Senior Field Representative
(Professional) $70.00
Survey Crew
2 Man Crew $90.00 Party Chiefs - Aldrich, Brown,
3 Man Crew $115.00 Cope &
Zubko
GIS Specialist
Graphics Specialist
Senior Inspector J Grogan
$65.00 L. Di Pasquale
D. Jones
G. Massinger
GPS Equipment
Equipment $30.00
2 Man Crew $130.00
3 Man Crew $150.00
C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\OLIGI\Boynton Beach Pricing- Scope C.doc
2
EXHIBIT B
URS SCOPE C
INFRASTRUCTURE IMPROVEMENTS
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Senior Administrative Support
Public Involvement $60.00 C. Roman
Administrative Support
$40.00 R. Hankins F. Montalvo
P. F onaine P. Kline
L. Moorer
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
$25.00 T. Pederson
Data Acquisition and Control Services
C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\OLK31 \Boynton Beach Pricing- Scope C.doc
3
EXHIBIT B
URS SCOPE C
INFRASTRUCTURE IMPROVEMENTS
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Direct Costs - Mark-up %
Office, reproduction, mailing, etc. 10%
Direct Costs - Mark-up % sub-
consultants 5%
Public Involvement Specialist
$100.00 David Burr
C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\OLIGI \Boynton Beach Pricing- Scope C.doc
4
MARSH
CERTIFICATE NUMBER
SEA-000714232-01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
PRODUCER
MARSH RISK & INSURANCE SERVICES
P. O. BOX 193880
SAN FRANCISCO, CA 94119-3880
CALIFORNIA LICENSE NO. 0437153
COMPANIES AFFORDING COVERAGE
RSA-F-ALL -W /PRO-
FL
BOCA URS
COMPANY
A NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA.
INSURED
URS CORPORATION
600 MONTGOMERY STREET
25TH FLOOR
SAN FRANCISCO, CA 94111
COMPANY
B AMERICAN HOME ASSURANCE CO
COMPANY
C AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO.
COMPANY
D INSURANCE CO. OF THE STATE OF PA
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DD/YY) DATE (MM/DD/YV)
A GENERAL LIABILITY GL933-2537 04101103 04101/04 GENERAL AGGREGATE $ 2,000,000
X COMMERCIAL GENERAL LIABILIlY PRODUCTS - COMP/OP AGG $ 2,000,000
CLAIMS MADE [8] OCCUR PERSONAL & ADV INJURY $ 1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
$ 1,000,000
$ 5,000
A AUTOMOBILE LIABILITY 826-1308 AOS 04/01103 04101/04 $ 1,000,000
COMBINED SINGLE LIMIT
A X ANY AUTO 826-1309 MA 04/01/03 04/01/04
B ALL OWNED AUTOS 826-1310TX 04/01/03 04101/04 BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
D WORKERS COMPENSATION AND 708-5562 AOS 01/01103 01101/04 X
EMPLOYERS' LIABILITY
A 708-5561 CA 01/01103 01101/04
A THE PROPRIETOR! X INCL 708-5563 NY, OH, WA, WI, WV 01/01/03 01101/04 EL DISEASE-POLICY LIMIT
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE
THER
C PROF. LIABILITY (E&O) 819-4168 04/01/03 04/01104 EACH CLAIM $1,000,000
CLAIMS MADE FORM AGGREGATE $1,000,000
DESCRIPTION OF OPERATIONS/LOCATlONSIVEHICLES/SPECIAL ITEMS
RE: R03-182 - PROJECT TITLE: CITY OF BOYNTON BEACH
CITY OF BOYNTON BEACH IS AN ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT.
CITY OF BOYNTON BEACH FLORIDA
ATTN: PAUL FLEMING, SENIOR PROJECT MANAGER
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33425
SHOULD ANY Of' mE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE 1HE EXPIRATION DATE mEREOf',
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ___-30. DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAilURE TO MAIL SUCH NOTICE SHAll IMPOSE NO OBUGAll0N OR
LIABIUTY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. OR mE
ISSUER OF nitS CERTIFICATE.
The City of
Boynton Beach
~
Utilities Departmen/
124 E. Woolbright Road
Boynton Beach, Florida 33435
Phone (561) 742-6400
FAX: (561)742-6298
OFFICE OF THE DIRECTOR OF UTILITIES
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
RE: 2-Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C
D
'f
D t
N
oples ae o. escnpllon
I Original Agreement - CDM, Inc.
t Proof of Insurance
REMARKS: Please file accordingly.
CLOY OF L:'"l'.'u",O
TY Cr Flr'\~'~~ i~tgEf\CH
..-.,.: '-'triCE
C 3 DEe 1 5 PM 3: 35
December 12, 2003
CC: Procurement Services
Karen Riseley
SIGNED: &Jl (;'Dl;J/;JO~
^ (\3--1 [{ ,;(
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Camp Dresser & McKee. Inc., hereinafter referred to as "Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on l~oJ, Ir , 2003, accepted the City
Administration's recommendation and designated Consultant as one of six (6) qualified
consulting firms for Scope A to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-l
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of six (6) consulting
firms for Scope A which will be assigned projects listed on Exhibit "A" and that the City has
made no representation or promise regarding which projects or the number of projects that
will be assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services...shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON - WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
C b f'.-'\.
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wed ?d-l\fV'. ~.e{).(\.... , (l 15'1o~
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this 1 day of -.No V e m ber
,20~.
CITY OF BOYNTON BEACH
~C'M
Kurt Bressner, Ity anager
Attest! Authenticated:
~'tn.~
Clt Clerk
Rev. 04/08/03
~~Cl!::fJ
A5fO (.1 ~/e
Title
(Corporate Seal)
Attest! Authenticated:
CA-6
EXHIBIT A
SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT
. Low Pressure Membrane Softening
. Low Pressure Reverse Osmosis
. Nanofiltration
. Anionic Exchange
. Lime Softening
. Other Related Services
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (principal) $145 David Holtz
William Nelson
Donald Thompson
Client Service Manager $165 Donald Munksgaard
Senior Project Manager $125 Curtis Kiefer
Frank Brinson
Project Engineer $105 Timothy Verwey
Gregory Shaw
Scientist
Senior Designer $90 William Spriggs
Dana Garrett
Designer $72 Jennifer Gerth
Allyson Nunes
Senior Engineer/Hydrogeologist $100 Jorge Elias
Paul Pouliot
Engineer/Hydrogeologist(T echnical $84 Suzanne Meyer
Specialist) Lewis Laine
Senior Professional Surveyor/Mapper
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative $90 Jeff Manning
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support $60 Rebecca Simpson
Administrative Support $50 Denis Egilmez
Wendy Loftus
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study $135 Daniel Anderson
Financial Services $90 Loretta Donofrio
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
5
ACORDm
OATE(MM/OO/YY)
12 08 03
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
PRODUCER
Aon Risk services, Inc. of Massachusetts
99 High Street
Boston MA 02110
PHONE. (866) 266-7475 FAX. (866) 467-7847
INSURED
camp Dresser & MCKee Inc.
One Cambridge place
50 Hampshire Street
cambridge MA 021390000 USA
COMPANY
A
zurich American Ins Co
COMPANY
B
Lloyd's of London
COMPANY
C
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATlO LIMITS
DATE (MMIDDfYY) DATE (MM/DD/YY)
A GL08376632-07 01/01/03 01/01/04 GENERAL AGGREGATE S2,000,OOO
COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG S2,OOO,OOO
CLAIMS MADE o OCCUR PERSONAL & ADV INJURY $1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000
FIRE DAMAGE(Anv one fire) $100,000
MED EXP (Anv one person) $10,000
A BAP8376631-07 01/01/03 01/01/04 COMBINED SINGLE LIMIT $1,000,000
BODILY INJURY
( Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONL Y:
EACH ACCIDENT
AGGREGAT
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
A WORKER'S COMPENSATION AND wc 8376633-08 01/01/03 01/01/04 X
EMPLOYERS' LIABILITY EL EACH ACCIDENT
THE PROPRIETOR/ X INCL
PARTNERS/EXECUTIVE EL DISEASE-POLICY LIMIT
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE
B QK0301367 01/01/03 01/01/04 Each Claim/Aggregate $1,000,000
includes Errors & omissions
X Arch; t&Eng Prof
DIi'SCRIP:rION OF OPERATIONS/LOCATIPNlj/VEH,JCLES/5Ii'E<;IAL ITEM' . . .
The Clty of Boynton BeaCh lS lncluaea as Addltlonal Insured wlth respect to General and Automobile Liability
regarding to a two-year General consulting & Engineering Agreement.
CERT
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
The city of Boynton Beach
utilitites Department
124 E. woolbright Road
Boynton Beach FL 33435 USA
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENOE^"OR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT F^ILblRE TO 'l^IL SUCH ~IOTICE SH^LL II1POSE IIOOBLlG^TIOII OR L1^BILlTY
OF ^NY KIIIO blPOIJ THE COtlP^NY. ITS ^GENTS OR REPRESEIIT^TI"ES.
AUTHORIZED REPRESENTATIVE --=~~_ ~
570008060826
Holder Identifier:
The City of
Boynton Beach
ctr
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Phone (561) 742-6400
FAX: (561)742-6298
:":lTv I'll"- ....
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Cd ( ei ~.I;.! I 'N Be:- ~^If
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OFFICE OF THE DIRECTOR OF UTILITIES
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 12, 2003
RE: 2- Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C
D
N
D
OpIeS ate o. escnptlOn
I Original Agreement - Arcadis G&M, mc..
I Proof of Insurance
REMARKS: Please file accordingly.
CC: Procurement Services
Karen Riseiey
SIGNED: ~ C~ 12 D63
fi/
h D :)---- r .; ;z.
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and ARCADIS G&M, Inc., hereinafter referred to as "Consultant", in consideration of
the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on No U, Ii, 2003, accepted the City
Administration's recommendation and designated Consultant as one of six (6) qualified
consulting firms for Scope A and one of five (5) qualified firms for Scope B to provide general
engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
I. REPRESENT A TIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-I
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of six (6) consulting
firms for Scope A and one of five (5) consulting firms for Scope B which will be assigned
projects listed on Exhibit "A" and that the City has made no representation or promise
regarding which projects or the number of projects that will be assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this ~ day of NOIle.M ber
,200:3 .
CITY OF BOYNTON BEACH
~
Kurt Bressner, City Manager
1t/;~t4~nJ
/ Co ultant
Attest! Authenticated:
/'kStX1p!e Uu. #ts,)&(f
TItle
(Corporate Seal)
Approved as to Form:
o
~Qa&k
Secret
Rev. 04/08/03
CA-6
EXHIBIT A
SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT
· Low Pressure Membrane Softening
· Low Pressure Reverse Osmosis
. N anofiltration
. Anionic Exchange
. Lime Softening
· Other Related Services
SCOPE B: WELLFIELD DEVELOPMENT and HYDROGEOLOGY SERVICES
· Well Redevelopment and Modification
· Bringing Existing Wells to Production
. New Surficial Wells
· Locating and Installing New Floridan Aquifer Wells
. Wellfield Improvements
· Aquifer Storage & Recovery (ASR) Well Development
· Deep Injection Well Maintenance and Repair
· Multi-purpose ASR/Floridan Wells
. Wellfield Protection
· Wellfield Flow Analysis
· Other Related Services
EXHIBIT B
ARCADlS
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION
WHERE AN HOURLY RATE IS ASSIGNED
I:" ,".'"" " .... .. '. ... .. ...".... ,. ~ c----. .
lelas! ...', .. B()lIrly
..'
..'. '..... Rate ,
""....'" ",..... ........,.., '" ",'", ....,.. ",
Proiect Director (Principal) $180
Client Service Manager $160 Tom Tessier
Senior Project Manager $150 Tom Jensen, Mike Waldron, Jim Macon,
Bill Reese, Bill Lynch
Proi ect Engineer $90
Scientist $75 Nexhip Maska, Rod Miller, Sally Durall
Senior Designer $85 Brian Oliva
Designer $70
Senior Engineer/Hydrogeologist $135 Bill Vogelsong, Mike Kladias, Doug
Young, Wayne Welch, Ed Springthoroe
Engineer/Hydrogeologist (Technical $94
Specialist)
Senior Professional Surveyor/Mapper --
Professional Surveyor/Mapper --
Engineering/Survey Technician $65
Senior Field Representative $80 Lech K wapinski
(professional)
Survey Crew --
GIS Specialist --
Graphics Specialist $85
Senior Inspector $80
GPS Equipment --
Senior Administrative Support $65
Administrative Support $50
Paraprofessional --
Aerial Photogrammetrv --
Computer System Analysis --
Rate Study --
Financial Services --
Instrumentation and Control Services --
Human Resource Services --
Data Acquisition and Control Services --
Direct Costs - Mark-up % Cost + 10%
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % Cost + 10%
Subconsultants
G:\PROPOSAL\BOYNTON\Engineering Services June 2003\Draft Proponl\boyntonbeachnles-l 003.doc
REVISED 10/22/03
PRODUCER
MARSH USA, INC.
1225 17TH STREET, SUITE 2100
DENVER, CO 80202-5534
Attn: STEVE WILSON 303-308-4569
CERTIFICATE NUMBER
SEA-000713900-01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
3320 -00124--00-01
N
COMPANY
A GREENWICH INSURANCE COMPANY
INSURED
ARCADIS
ATTN: CHANDRA DOWNEY
630 PLAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 80129-2377
COMPANY
B XL SPECIALTY INSURANCE COMPANY
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MMIDDIYYI DATE (MMIDDIYYI
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
A COMMERCIAL GENERAL LIABILITY GEC001076101 01/01103 01101104 PRODUCTS - COMP/OP AGG $ 2,000,000
CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY $ 1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
$ 1,000,000
$ 10,000
AUTOMOBILE LIABILITY $ 1,000,000
COMBINED SINGLE LIMIT
A X ANY AUTO AEC001075801 01101/03 01101/04
A ALL OWNED AUTOS AEC001104701 (TX) 01/01103 01101/04 BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELlA FORM
WORKERS COMPENSATION AND X
EMPLOYERS' LIABILITY
B WEC001076001 01/01/03 01101/04
THE PROPRIETOR! X INCL EL DISEASE-POLICY LIMIT
PARTNERSIEXECUTIVE EL DISEASE-EACH EMPLOYEE $
OFFICERS ARE: EXCL
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS
RE: CITY OF BOYNOTON BEACH - TWO YEAR GENERAL CONSULTING AND ENGINEERING SERVICES - DESIGN, PERMITTING, BIDDING,
CONSTRUCTION, ADMINISTRATION AND ALL SERVICES FOR WATER PLANT EXPANSION AND CAPAPCITY REPLACEMENT; WELLFIELD
DEVELOPMENT AND HYDROGEOLOGY SERVICES; INFRASTRUCTURE IMPROVEMENTS AND ANCILLARY STUDIES AND SERVICES.
THE CITY OF BOYNTON BEACH IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE GENERAL AND AUTOMOBILE
CITY OF BOYNTON BEACH
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCEllED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE Will ENDEAVOR TO MAil -----3..0 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN. BUT FAilURE TO MAil SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR
lIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE
ISSUER OF THIS CERTIFICATE.
PRODUCER
MARSH USA, INC.
1225 17TH STREET, SUITE 2100
DENVER, CO 80202-5534
Attn: STEVE WILSON 303-308-4569
COMPANIES AFFORDING COVERAGE
COMPANY
E
COMPANY
F
33320 -00124--00-01
N
INSURED
ARCADIS
ATTN: CHANDRA DOWNEY
630 PLAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 80129-2377
COMPANY
G
COMPANY
H
CONTINUED FROM DESCRIPTION SECTION:
LIABILITY AS PER BLANKET ENDORSEMENTS ON POLICIES.
CITY OF BOYNTON BEACH
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
MARSH USA INC. BY
PRODUCER
MARSH USA INC.
122517TH STREET, SUITE 2100
DENVER, CO 80202-5534
Attn: STEVE WILSON 303-308-4569
CERTIFICATE NUMBER
SEA-000713902-01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
3320 -00005-1 M-00-01
N
COMPANY
A INDIAN HARBOR INSURANCE COMPANY
INSURED
ARCADIS
ATTN: CHANDRA DOWNEY
630 PLAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 80129-2377
COMPANY
B
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DDIYY) DATE (MMIDDIYY)
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE D OCCUR
OWNER'S & CONTRACTOR'S PROT
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
PERSONAL & ADV INJURY $
EACH OCCURRENCE $
$
$
COMBINED SINGLE LIMIT $
Rf.CS\lf.O BODILY INJURY $
(Per person)
BODILY INJURY $
{lEe \.,- (Per accident)
PROPERTY DAMAGE $
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
AUTOMOBILE LIABILITY
GARAGE LIABILITY
EL DISEASE-POLICY LIMIT
EL DISEASE-EACH EMPLOYEE $
ANY AUTO
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR!
PARTNERs/EXECUTIVE
OFFICERS ARE:
TH CLAIMS-MADE
A PROFESSIONAL LIABILITY
AND CONTRACTORS
POLLUTION LIABILITY
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/SPECIAL ITEMS
RE: CITY OF BOYNOTON BEACH - TWO YEAR GENERAL CONSULTING AND ENGINEERING SERVICES - DESIGN, PERMITTING, BIDDING,
CONSTRUCTION, ADMINISTRATION AND ALL SERVICES FOR WATER PLANT EXPANSION AND CAPAPCITY REPLACEMENT; WELLFIELD
DEVELOPMENT AND HYDROGEOLOGY SERVICES; INFRASTRUCTURE IMPROVEMENTS AND ANCILLARY STUDIES AND SERVICES.
FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN
INCL
EXCL
PEC0008763-02
03116/03
03/16/04
PER OCCURRENCE
$1,000,000
CITY OF BOYNTON BEACH
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL --3D DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOnCE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE
ISSUER OF THIS CERTIFICATE.
PRODUCER
DATE (MM/DDIYYI
12/08/03
COMPANIES AFFORDING COVERAGE
MARSH USA INC.
122517TH STREET, SUITE 2100
DENVER, CO 80202-5534
Attn: STEVE WILSON 303-308-4569
COMPANY
E
COMPANY
F
33320 -00005-1 M-00-01 N
INSURED
ARCADIS
ATTN: CHANDRA DOWNEY
630 PLAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 80129-2377
COMPANY
G
COMPANY
H
CONTINUED FROM DESCRIPTION SECTION:
THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE.
CITY OF BOYNTON BEACH
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
MARSH USA INC. BY
(.:IARCADIS
Infrastructure, buildings, environment, communications
Ms. Barbara Conboy
Manager, Utilities Administration
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, Florida 33435
Subject:
ARCADIS Agreement for General Consulting and Engineering Services and
Insurance Certificates for RFQ No. 065-2821-03/CJD
Dear Ms. Conby:
Enclosed is the executed subject contract. Also enclosed are copies of insurance
certificates naming the City of Boynton Beach as additional insured. Original
certificates are being mailed to the City directly from our insurance company.
We appreciate the opportunity and look forward to working with the City. Please let
us know if we can provide further assistance.
Sincerely,
ARCADIS G&M, Inc.
~ ~'
/~ L ./~
Thomas L. Tessier, PG
Vice President
Client Service Manager
~~1f
Area Manager
cc: Elizabeth Oliva
Encl: Agreement for General Consulting and Engineering Services
Insurance Certificates
Part of a bigger picture
G:\APROJECnBoynton BeachlContract-lnsurance Letter 1210 03.doc
ARCADIS G&M. Inc.
712 U.S. Highway One
Suite 200
North Palm Beach
Florida 33408
Tel 561 881 0077
Fax 561 881 0012
www.arcadis-us.com
WaterlWaste
Date:
December 10,2003
Contact:
Tom Tessier
Extension:
15
Email;
ttessier@arcadis-us.com
The City of
Boynton Beach
C((
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Phone (561) 742-6400
FAX: (561)742-6298
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C]DEeIS '.
PH 3: 37
OFFICE OF THE DIRECTOR OF UTILITIES
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 12, 2003
RE: 2- Y ear Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C
D
N
D
oples ate o. escnptlOn
t Original Agreement - Stanley Consultants,
Inc.
t Proof of Insurance
REMARKS: Please file accordingly.
CC: Procurement Services
Karen Riseley
SIGNED: &11 c ~/ iJ/X3
fi 0 3-/f'~
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Stanley Consultants. Inc., hereinafter referred to as "Consultant", in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on Noll, If, 2003, accepted the City
Administration's recommendation and designated Consultant as one of nine (9) qualified
consulting firms for Scope D to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENT A nONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-l
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of nine (9) consulting
firms for Scope D which will be assigned projects listed on Exhibit "A" and that the City has
made no representation or promise regarding which projects or the number of projects that
will be assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSlllP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services...shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON- WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, ifthe City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this ~ day of
r--\ ~"eM ber
,20~.
CITY OF BOYNTON BEACH
~
Kurt Bressner, City Manager
Qcu ~ ~4'- 4-
Consultant
Attest! Authenticated:
Vl c..e.. q?..EtSo\Qt'tIV\
Title
(Corporate Seal)
Attest! Authenticated:
4
Rev. 04/08/03
CA-6
Exhibit A
SCOPE D: ANCILLARY STUDIES and SERVICES
· Rate Analysis
· Accounting Procedures
· Revenue Bonds
· Risk Management
· Employee Training
· Performance Measurement & Organizational Management
· NPDES Permitting
· Vulnerability Assessments
· Master Plan Updates
· Clean Air Act Compliance
· Consumer Confidence Report
· Consumer Satisfaction Survey
· Wastewater Capacity Analysis
· Hydraulic Analysis
· Power Analysis
· Geographic Information Systems
· Aerial Photogrammetry & Photography
· Process Controls & Instrumentation
· Data Acquisition and Control Services (DACS)
· Supervisory Control & Data Acquisition (SCADA)
· Other Related Services
EXHIBIT B
Stanley Consultants, Inc.
Hourly Fees and Charges
Classification Hourly Rate Employees Identified
Project Director (Principal)
$140.80 Tshaka Dennis, P.E.
SC-16
Client Service Manager
$140.80 Tshaka Dennis, P .E.
SC-16
Senior Proj ect Manager David Grounds, P.E.
$159.80 Charles Meyer, P.E.
SC-17
Patrick Mullin, P.E.
Project Engineer
$108.25 Brian Roth, P .E.
SC-13
Scientist I) () "<-1
$~ Michael Durham, QEP
SC-16
~u... Ie Hit" b /fJd5
Senior Designer i 0 gtJJ
$140.80 Jon Ahlschwede, S.E.T.
SC-16
-jilt:- Ie-~e/ t{) /td15'
Designer 1,e
v,'
$ tOO:"'T5 Daniel Hill
SC-12
-S~ Ie. #cr 10 I b tli
Senior Engineer/Hydrogeologist
$126.00 William Holman, P .E.
SC-15
Engineer/H ydrogeologist /13 (0
(Technical Specialist) $116.60
SC-14 Michael Donnelly, PG
~~ Id/or Jo Ih'U3
Senior Professional Surveyor/Mapper Services to be provided by
$95.00 subconsultant -
Betsy Lindsay, Inc.
Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and 3
Charges sheet.
EXHIBIT B
Stanley Consultants, Inc.
Hourly Fees and Charges
Classification Hourly Rate Employees Identified
Professional SurveyorlMapper Services to be provided by
$85.00 sub consultant -
Betsy Lindsay, Inc.
Engineering/Survey Technician Services to be provided by
$75.00 subconsultant -
Betsy Lindsay, Inc.
Senior Field Representative 1,11lP
(Professional) $ f1f.O.80'
SC-16 James McLellan, P.E.
~ Ie-Her 10 1~'C6
Survey Crew $150.00 (3-man GPS) Services to be provided by
$130.00 (2-man GPS) subconsultant -
$ 90.00 (I-man GPS) Betsy Lindsay, Inc.
GIS Specialist
$108.25 Daniel Miller, P .E.
SC-13
Graphics Specialist
$73.75 Joanne DiGnazio, C.D.
SC-8
Senior Inspector
$73.75 James Russen
SC-8
GPS Equipment Services to be provided by
$ 40.00 subconsultant, Betsy Lindsay,
Inc.
Senior Administrative Support
$67.75 Renee Jones
SC-7
Administrative Support 5J.;~
$.S4,.ge Patricia Gringeri
SC-5
"SiU- I e..~Q~ 10 -I blX
Paraprofessional $67.75 Karen McDaniel
SC-7
Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and 4
Charges sheet.
EXHIBIT B
Stanley Consultants, Inc.
Hourly Fees and Charges
Classification Hourly Rate Employees Identified
Aerial Photogrammetry Services to be provided by
See attached subconsultant, Aerial
Cartographies of America, Inc.
Computer System Analysis if ;.f'X'
$140.80 Chuck Littler
SC-16
~ /e-II~ It) ifr.o3
Rate Study
$108.25 Brian Roth, P .E.
SC-13
Financial Services
$108.25 Brian Roth, P .E.
SC-13
Instrumentation and Control Services
$126.00 Jeffrey Gambrall, P.E.
SC-15
Human Resource Services 13J.1cD
$1-80.00 Robert Berg
SC-18
~ le.Hg- )O/(P{;!)
Data Acquisition and Control Services
$116.60 Steven Tripmacker
SC-14
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
At Cost Plus 10%
Direct Costs - Mark-up % sub-
consultants
At Cost Plus 10%
Senior Environmental Analyst $116.60 Edwin Slattery
SC-14
Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and 5
Charges sheet.
EXHIBIT B
Stanley Consultants, Inc.
Hourly Fees and Charges
Classification Hourly Rate Employees Identified
Environmental Analyst $108.25 James Hodina, QEP
SC-13
Planner $79.50 John Sayles, AICP
SC-9
Senior Architect $116.60 Richard Herrick, AlA
SC-14
Architect $93.10 Gail Ray, AlA
SC-ll
Senior Structural Engineer $126.00 Kent Turner, P .E.
SC-15
Structural Engineer $108.25 Larry Badtram, P.E.
SC-13
Senior Electrical Engineer $140.80 Vernon McAllister, P.E.
SC-16
Electrical Engineer $126.00 David Goetz, P .E.
SC-15
$116.60 Stewart Primrose, P.E.
Senior Mechanical Engineer SC-14
Mechanical Engineer $93.10 Jon Bovenkamp, P.E.
SC-11
Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and 6
Charges sheet.
~
Stanley Consultants INC.
Exhibit B
A Stanley Group Company
Engineering, Environmentai and Construction Services - Worldwide
October 16, 2003
RECEIVED
OCT 2 1 D3
BO-_UTlaDES
Ms. Barbara Conboy
Manager, Utilities Administration
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
RE: Certified Letter # 70031010000063009538
Billable Classification Rates
Dear Ms. Conboy:
Thank you for the above referenced letter. We have reviewed your average rates for the
categories listed in your letter and are willing to accept your rate cap of 20 percent above
these average rates. Therefore, we are willing to accept the following rates for the
classifications listed:
Classification
Scientist
Senior Designer
Designer
Engineer/H ydrogeologist
(Technical Training)
Senior Field Representative
(Professional)
Administrative Support
Computer System Analysis
Human Resource Services
Agreed Upon Rates
$120.00
$108.00
$ 86.00
$113.00
$121.00
$ 54.00
$134.00
$134.00
Thank you very much for your effort and consideration and we look forward to working
with the City in the near future.
Sincerely,
Stanley Consultants, Inc.
..
Tshaka E. Dennis, P.E.
Project Principal
~
S:\Administration\Conboy Boynton Beach 1O-16-03.doc
Servko Centre. 1601 Belvedere Road, Suite 400 East. West Palm Beach, FL 33406 . phone 561.689.7444 . fax 561.689.3003
internet: www.stanleygroup.com
ACORDN CERTIFICATE OF LIABILITY INSURANCE CSR CH I DATE (MM/DDIYYYY)
SCCOM-1 12/10/03
PRODUCER . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Miller, Harrison; & Beckey ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
100 W. Second St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Muscatine IA 52761
Phone: 563-263-6044 Fax:563-263-6667 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: St. Paul Fire & Marine 13706
INSURER B:
Stanley Consultants, Inc. INSURER C:
1601 Belvedere Road #400 E INSURER D:
West Palm Beach FL 33406
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR[ TYPE OF INSURANCE POLICY NUMBER 'D~~~1MM/DDrril- PgkfEYIMM/DDIYYl" LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
I--
A X X COMMERCIAL GENERAL LIABILITY CK01402156 01/01/03 01/01/04 pRa;lS'Es (Ea occurence) $ 100,000
f-- ~ CLAIMS MADE ~ OCCUR
~ MED EXP (Anyone person) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
f--
GENERAL AGGREGATE $2,000,000
f--
GEN'L AGGREGATE LIMIT APPLIES PER: - PRODUCTS - COMP/OP AGG $2,000,000
n [Xl PRO- nLOC
POLICY X JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
I-- $ 1,000,000
A X X ANY AUTO CK01402156 01/01/03 01/01/04 (Ea accident)
f--
X ALL OWNED AUTOS BODILY INJURY
f-- $
X SCHEDULED AUTOS (Per person)
f--
X HIRED AUTOS BODILY INJURY
f-- $
~ NON-OWNED AUTOS (Per accident)
f-- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
tJ OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X I TORY LIMITS I IUJ~-
A EMPLOYERS' LIABILITY WVA1403645 01/01/03 01/01/04 $ 500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYEE $ 500,000
~~E(;litS~~'OvlS~O~S below E.L. DISEASE - POLICY LIMIT $ 500 000
OTHER
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
General Engineering Services, RFQ No. 065-2821-03/CJD. Certificate holder
is included as an additional insured on general and auto liability coverage.
CERTIFICATE HOLDER
BOYN001
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIV
City of Boynton Beach
Utilities Department
124 East Woolbridge Road
Boynton Beach FL 33435
Michael Harris
ACORD 25 (2001/08)
C'NA
For All the ~ommi""lents You Make"
PROFESSIONAL LIABILITY
ARCHITECTS/ENGINEERS
INSURED: SC COMPANIES, INC.
Policy AEA 00-822-09-75
MEMORANDUM OF INSURANCE
ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY
City of Boynton Beach
Utilities Depart:ment
124 East Woolbright Road
Boynton Beach, FL 33435
This memorandum is issued
as a matter of information
only and confers no rights
upon the holder. By its
issuance the Company does
not alter, change, modify
or extend the provisions
of said policy and does
not waive any of its
rights thereunder.
Addressee:
Name and Address of Insured:
stanley Consultants, Inc.
160] Belvedere Road #400 E
West Palm Beach, FL 33406
Policy Period:
08/05/03
to
08/05/04
$ 1,000,000
$ 1,000,000
Per Claim limit of liability (including claims expenses)
Aggregate limit of liability (including claims expenses)
The policy provides contractual liability coverage for liability of
others which the insured assumes under a written contract provided such
liability is caused solely by the insured I s negligent act, error or
omission.
In the event of the cancellation of the Insurance as shown herein, the
Continental Casualty Company or its authorized representative will
provide thirty (30) days prior written notice to the party to whom this
certificate is addressed at the address stated herein. The mailing of
such notice shall be sufficient proof of notice.
The above named insured has in force, on the date indicated below, a
policy of professional liability insurance issued by the Continental
Casualty Company with a limit of liability of not less than the amount
indicated above.
Dated at:
Chevy Chase, Maryland
Date
December 10, 2003
VICTOR O. SCHINNERER & CO.
BY:
~~w~
Authorized Representative
1-41249-A
~
~
Stanley Consultants INC.
A Stanley Group Company
Engineering, Environmental and Construdion Services - Worldwide
RECEIVED
DEC11~
BOYlON_UJ-
December 11, 2003
Ms. Barbara Conboy
Manager, Utilities Administration
Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
SUBJECT:
Consultant Agreement
Two-Year General Consulting and Engineering Services
Dear Ms. Conboy:
As requested, please find enclosed an executed original Consultant Agreement for the above subject project.
Also enclosed is a copy of an Original Insurance Certificate naming the City of Boynton Beach as additional
insured.
Should you have any questions or require additional information, please do not hesitate to contact me.
Sincerely,
STANLEY CONSULTANTS, INC.
Tshaka E. Dennis, P .E.
Project Principal
Enclosure
S:\Administration\Conboy-Executed Agreement TD12-11-03.doc
Servico Centre. 1601 Belvedere Road, Suite 400 East. West Palm Beach, FL 33406. phone 561.689.7444. fax 561.689.3003
internet: www.stanleygroup.com
The City of
Boynton Beach
ccr
Utilities Depar/ment
124 E. Woolbright Road
Boynton Beach, Florida 33435
Phone (561) 742-6400
FAX: (561)742-6298
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OFFICE OF THE DIRECTOR OF UTILITIES
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 12, 2003
RE: 2- Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C
D
N
D
oples ate o. escnptIon
1 Original Agreement - Globaltech
1 Proof of Insurance
REMARKS: Please file accordingly.
CC: Procurement Services
Karen Riseley
SIGNED: ~JJ Gl!c~ /J /:<0'3
X d 3/(r~
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Global Tech. Inc., hereinafter referred to as "Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Well field Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on tJ~O' It' , 2003, accepted the City
Administration's recommendation and designated Consultant as one of six (6) qualified
consulting firms for Scope A, one of five (5) qualified consulting firms for Scope B, one of 15
qualified consulting firms for Scope C, and one of nine (9) qualified consulting firms for Scope
D to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-l
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of six (6) consulting
firms for Scope A, one of five (5) consulting firms for Scope B, one of 15 consulting firms
for Scope C, and one of nine (9) consulting firms for Scope D which will be assigned
projects listed on Exhibit "A" and that the City has made no representation or promise
regarding which projects or the number of projects that will be assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
CA-2
c. Final payment of any balance due the Consultant will be made promptly upon its
ascertainment and verification by the City after the completion of the work under this
agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury~ and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
CA-3
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRlMlNATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a, The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death ofa member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City,.ifthe City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) written
days notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
Globaltech. Inc.
ATTN: Troy L. Lvn
4722 NW Boca Raton Blvd. Suite. CI03
Boca Raton. FL 33431-4877
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this ~ day of
N O\letY\ ber
CITY OF BOYNTON BEACH
~~
Kurt Bressner, City Manager
Attest! Authenticated:
Rev. 04/08/03
,2003.
~l~tm~
v~~ g"e.~~~t
Title
(Corporate Seal)
Attest! Authenticated:
CA-6
EXHIBIT A
SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT
. Low Pressure Membrane Softening
. Low Pressure Reverse Osmosis
. Nanofiltration
. Anionic Exchange
. Lime Softening
. Other Related Services
SCOPE B: WELL FIELD DEVELOPMENT and HYDROGEOLOGY SERVICES
. Well Redevelopment and Modification
. Bringing Existing Wells to Production
. New Surficial Wells
. Locating and Installing New Floridan Aquifer Wells
. Wellfield Improvements
. Aquifer Storage & Recovery (ASR) Well Development
. Deep Injection Well Maintenance and Repair
. Multi-purpose ASRlFloridan Wells
. Well field Protection
. Wellfield Flow Analysis
. Other Related Services
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
. Water Main Replacement
. Interconnections
. Sanitary Sewer Line, Repair, Rehabilitation, Replacement
. Inflow & Infiltration Studies/Repair
. Wastewater Pump Station Rehabilitation/Expansion & Analysis
. Pump SizinglExpansion/lmprovements
. Stormwater Management
. Swale and Drainage Development/Improvements
. Outfalls
. Roadway and Transportation
. Neighborhood Improvements
. Lighting
. Sidewalks
. Park Amenities
. Other Related services
EXHIBIT A
SCOPE D: ANCILLARY STUDIES and SERVICES
. Rate Analysis
. Accounting Procedures
. Revenue Bonds
. Risk Management
. Employee Training
. Performance Measurement & Organizational Management
. NPDES Permitting
. Vulnerability Assessments
. Master Plan Updates
. Clean Air Act Compliance
. Consumer Confidence Report
. Consumer Satisfaction Survey
. Wastewater Capacity Analysis
. Hydraulic Analysis
. Power Analysis
. Geographic Information Systems
. Aerial Photogrammetry & Photography
. Process Controls & Instrumentation
. Data Acquisition and Control Services (DACS)
. Supervisory Control & Data Acquisition (SCADA)
. Other Related Services
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (principal)
Client Service Manager q5
Tro'1 L yn) ~,~.
Senior Project Manager q:;, Po..uJ. 60J1cl'i I Pc
'1:) Tf'C'i )...'1 ~ PE
go Pa uJ H ,I J e.r:s, PE-
I
Project Engineer CfS- Fh..u.J q CU'"I cl.'i, pc;;.
9~ T('D'j L-'i". P E.
9D Pa lA.J I-!-~ 11-e.rS I P E
RS ()J CLrk L-L~..'+.he.r P E.
Scientist
Senior Designer 70 ~ ~ AC2....SS
Designer lcb
E f' f\.es.t-a S,lvo..
Senior Engineer/Hydrogeologist
/05 G,O-r'i ~;cJ-., Ier-J R&
Engineer/Hydrogeologist(T echnical
Specialist) qs: Go..., J rn u.rrCL'1 J pC:"
Senior Professional Surveyor/Mapper
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative C)5 PCU-L-l q Ctrd.'-f I PE..
(professional) qs Tf'c'l Ll]{\ ( p~
70 :5 a...rn Cha..rn Y\e.S S.
Survey Crew
GIS Specialist
Graphics Specialist
too Er0e-sfo Slv~
Senior Inspector
70 5 a..rn en a....m (\.e..s'S
GPS Equipment
Senior Administrative Support
Administrative Support 35
~ III I '50 -t e...r ko.....
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services q6 Pa..,l-Ll 1-k1 \ ecs Ps
I
g5 A l-e... ')L '5+ D j Q.f"\ 0 \I I C.-
Direct Costs - Mark-up % ~ I€-~e~ dJpd lo-J4'cg
Office, reproduction, mailing, etc.
15 C)'a
1Y't (J..;:f. 10 ?o
Direct Costs - Mark-up % sub- vY\ Q...f'\o.9e..wu./"'I.T of Su...b - .
consultants 0 CC7r"l &u..Lt-CL.A-ts. ,r"\ c..I u.d.a..d 11"\
pn)~c..:t ..'
(y\0J\a.9>2- ,.. C"/..-" d a...d M In,S tro..:h c.;
~U-.ppd'rt ho-u.. r S
5 _
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
b ,';'e...c...-+ Cct; 1- - yY)CV"' k:. - LLp 1'1\1$> I D ~c stQ." le,R<:.Y daf PcJ
() u..b cern -h-C\. cj-cJv'" ..s. ~o ((j'(4~~
6
EXHIBIT B
Global teen
4722 NW. Boca Raton, Blvd, Suite C103
Boca Raton, Florida 33431
Phone: 561.997.6433
Fax: 561.997.5811
Email: globaltech@bellsouth.net
October 14,2003
RECEIVED
OCT 1 6 2003
BOYHTON88\CHUTlLmES
Barbara Conboy
Manager, Utilities Administration
Utilities Department
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
Re: Consulting Agreement - Direct Cost Mark-up Percentage
Dear Mrs. Conboy:
We are in receipt of your letter dated October 10, 2003. A maximum direct cost mark-up
percentage of 10% as discussed in your letter is agreeable to us. If warranted by the specific
project requirements, lower percentages could be negotiated with the City. This letter will serve
as an addendum to our previously submitted rates to lower all direct cost mark-up to a maximum
of 10%.
We appreciate the opportunity to do business directly with the City and we look forward to
working with the City and staff
S~ty
Troy L. Lyn, P.E.
V ice President
TL/dm
Client#: 6173
ACORDTM CERTIFICATE OF LA
GLOBTEC3
PRODUCER
Suncoast Insurance Associates
P.O. Box 22668
Tampa, FL 33622-2668
813289-5200
DATE (MMlDDIYY)
07/24/03
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
SURANCE
INSURERS AFFORDING COVERAGE
Globaltech, Inc.
4702 NW 2nd Ave.
Suite C103
Boca Raton, FL 33431
COVERAGES
INSURER A: Security Ins of Hartford
, INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURED
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I -r- ~-- - ------------- -- -------- -----lP,Ol.iCYtfFFE~~- POLlcr I'il-:}~~N - ._---~.-----_..... -----..- -- m____
LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DATE M DD LIMITS
I GENERAL LIABILITY ! EACH OCCURRENCE $
f---,
- :=5 M ERCIAL GENERAL L1AB ILlTY FIRE DAMAGE (Anyone fire) $
CLAIMS MADE D OCCUR MED EXP (Anyone person) $
-
PERSONAL & ADV INJURY $
-
GENERAL AGGREGATE $
-
'3EN'L AGGREGATE L1M IT APPLIES PER: PRODUCTS -COMP/OP AGG ~"
I POLICY r--: j~2T .._._--_.._._-_.._-_._._~._------_._--- -- ----------- -- --------..-
LOC i
AUTOMOBILE LIABILITY i COMBINED SINGLE LIMIT
I (Ea accident) $
ANY AUTO
- I
ALL OWNED AUTOS I BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
- $
NON-OWNED AUTOS (Per accident)
--..------------ ,-
"" PROPERTY DAMAGE i$
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 1$
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $ -
.. -! OCCUR ' -- --~-_..--_._--------_.- -. -'--- ---- - ---
CLAIMS MADE AGGREGATE $
--- ..__._.._._n________ . -----..
$
I
~ DEDUCTIBLE I $
RETENTION $ $
WORKERS COMPENSATION AND Jrc STATU- i IOJr-
,_,TQa'(,~_ R , -
EMPLOYERS' LIABILITY E.L EACH ACCIDENT S
---,-,---,~,--- -, - r--- - -.-_..-
E.L. DISEASE - EA EMPL OYEE $
-,--
E.L. DISEASE . POLICY LIMIT $
A OTHER AEE0233090 07/07/03 07/07/04 $1,000,000 Each Claim
Professional $1,000,000 Ann. Aggr.
~iability
DESCRIPTioN OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Professional Liability is written on a claims made basis.
RE: General Consulting & Engineering Services
CERTIFICATE HOLDER I I ADDmONALINSURED;INSURERLETTER: CANCELLATION
SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION
City of Boy ton Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL3.0--DAYSWRITTEN
Utilities Department NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHELEFT, BUT FAILURE roDOSOSHALL
124 E. Woolbright Rd. 1M POSE NO OBLIGATION OR LIABILITY OF ANYIQND UPON TH E INSURER,ITS AGENTS OR
Boynton Beach, FL 33435 REPRESENTATIVES.
"'A:RIZED REPRESENTATIVE
I . ~. ....-1. ~- )
ACORD 25-S (7197)1 of 2
#S82065/M76679
TKC
@) ACORD CORPORATION 1988
UQlC. ILl lUlU...., tV.""tV' I u.t
__"W_' _ I .......~ 1_. I ,_,-"" L.I"""-..'--- IltV
. -~- - -. -
ACORD.. CERTIFICATE OF LIABILITY INSURANCE OPIO cvl DAn; (MMlDOIYYYYI
GLOBA-2 12/09/03
PROOUCIR THIS CERTIACATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ACEC/MARSH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
800 MArket st, Ste. 2600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
St. Louis YO 63101-2500
phone: 800-338-1391 Fax:B8B-621-3173 INSURERS AFFORDING COVERAGE NAlC#
INIURED INSURER A:. Hartford Insurance COIIIpany 22357
INSURER B
Globaltech, Inc. INSURER C
Hr. Paul Gandy
4722 NW 2nd Ave., 'C103 INSURER 0
Boca Raton FL 33431
INSURER E:
COVERAGES
THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSlEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
NN REQUIREMENT, TERM OR CONDITION OF NN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I'~." ,........ ~~i,:~ X
LTR MUD TVPI OF INIUlW1CE poucr NUMIIIR DATlIMMlDOIYY UIlIIITI
~_ UAIlIUTY EACH OCCURRENCE $ 1000000:
A ~ COMMERCIAL GENERAL lJABlUTY 84SBWEN3454 11/01/03 11/01/04 PREMISES (Ea oce"renee) $ 300000
e-- tJ ClAJMS MADE [!] OCCUR MEO EXP (My one person) $ 10000
- PERSONAl. & NN INJURY $ 1000000
~ GENER"'- AGGREGATE $ 2000000
~L AGGREGA~T APPUES PER PRODUCTS. COMP/OP AGG $ 2000000
PRO- n
POUCY J: JECT LOC
AUTOM081\J! LWIIUTY COMBINED StNGI..E UMIT
- $ 1000000
A ANY AUTO 84SBWEN3454 11/01/03 11/01/04 (Ea accIdent)
-
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDUI..ED AUTOS (Per person)
-
..!.. HIRED AUTOS BODILY INJURY
$
..!.. NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
R~U::V AUTO ONLY. EAACCIDENT $
OTHER THAN EAACC $
AUTO ONLY AGG $
3SIIUMBREUA UABIUTY EACH OCCURRENCE $
OCCUR D ClAJMS MADE AGGREGATE $
$
R DEDUCTIBI..E $
RETENTION ~
$ $
WORKERS COMl'ENaAllON AND X IT~~S~~;T~ I 10TH-
EMPI.OYERS' UABIUTY ER
A ANY PROPRIETORlPARTNERlEXECUTM: 84WJGAX6694 11/01/03 11/01/04 E L EACH ACCIDENT $ 100, 000
OFFICERiMEMBER EXCLUDED? EL DISEASE. EA EMPLOYEE $ 100,000
If yes, Clescrlbe Under
SPECIAL PROVISIONS below EL D1SEASE. POUCY UMIT $ 500, 000
OTHER
OEICRlPTION OF OPERAllONl/l.OCA110NI I YEHICI..ElII EXCI.UIIONI ADDEO BY ENDORIEMENT /SPECIAI. PROVISIONS
RE: GENERAL COSULTING & ENGINEERING SERVICES
CITY OF BOYNTON BEACH IS INCLUDED AS ADDITIONAL INSURED.
CTYBOYN SHOUlD ANY OF THE ABOVE OHCRlB!O POUCIES BE CANCEl.LEO BIPORE THE EXPlllA110N
DATI THiRlOF. THIIllUIIlCIINIIURIR W1U.INQEAVOR TO MAIL 30 DAYI WIlITTEN
-
CITY OF BOYNTON BEACH NOllCE TO THE CERTIFICATE HOUlER _EO TO THE LEFT. BUT FAlWRE TO 00 SO SHAU.
UTILITIES DEPARTMENT IMPOH NO OBUOA110N OR UABlUTY OF ANY KIND UPON THIINSUIIER, ITS AGENTS OR
124 E. WOOLBRIGHT lID. REPRIIIINTA1MiI.
BOYNTON BEACH FL 33435 AUTHORIZEOREP~ D... ~ ~ ,~
\
CERTIFICATE HOLDER
CANCELLATION
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD25-S(7197)2 of 2 #S8206S/M76679
Global teen
4722 NW. Boca Raton, Blvd, Suite C103
Boca Raton, Florida 33431
Phone: 561.997.6433
Fax: 561.997.5811
Email: globaltech@bellsouth.net
December 11, 2003
Barbara Conboy
Manager, Utilities Administration
Utilities Department
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
REceiVED
DEe\'.
8omON_UlIL\1IES
Re: Consulting Agreement - Signed Original
Dear Mrs. Conboy:
Per your letter dated December 1, 2003 we are returning the following as requested:
· Signed original of Consultant Agreement to the Utility Department
. Insurance Certificates
We have made a copy of the original Agreement and will not need a certified copy.
Please give us a call if you require any additional information.
~1~
Troy L. Lyn, P .E.
Vice President
TL/dm
enclosures
The City of
Boynton Beach
~
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Phone (561) 742-6400
FAX: (561)742-6298
"'/"
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tf 3: 3 7
OFFICE OF THE DIRECTOR OF UTILITIES
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 12, 2003
RE: 2- Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C
D
N
D
oples ate o. escnptlOn
1 Original Agreement - Craig A. Smith &
Associates
1 Proof of Insurance
REMARKS: Please provide file accordingly.
CC: Procurement Services
Karen Riseley
SIGNED:&J1 G~ !;J!J03
,/{ [) 3-- (?c;L
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Craig A. Smith & Associates, hereinafter referred to as "Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
282l-03/CJD; and
WHEREAS, RFQ No. 065-282l-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-282l-03/CJD further defined four (4) Scopes of Services as
Scope A: ,W.I!ter.PlanLExpansionand Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on NOi!. / r , 2003, accepted the City
Administration's recommendation and designated Consultant as one of 15 qualified consulting
firms for Scope C to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-I
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms
for Scope C which will be assigned projects listed on Exhibit "A" and that the City has made
no representation or promise regarding which projects or the number of projects that will be
assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services...shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS, Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON- WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
~t<m6 If; ~-"'II?7f 1 ilsfK'/fT8
/ boo fIJ?5/ /1~';V;;fg ItJl11) i 5u IrE i't'l)
,
J1;H?~ Grklf . Pt, $1-0tRCJ
{
/irTN.' 4~1fi;,J 5MI7lIy P~, y:/?
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this Ie day of
Novembe(
CITY OF BOYNTON BEACH
~
Kurt Bressner, City Manager
Attest! Authenticated:
Rev. 04/08/03
,20~.
~
Consultant
\J \ Of r12/ePl VB"l'cil
Title
(Corporate Seal)
Attest! Authenticated:
CA-6
EXHIBIL',A
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
· Water Main Replacement
. Interconnections
· Sanitary Sewer Line, Repair, Rehabilitation, Replacement
· Inflow & Infiltration Studies/Repair
· Wastewater Pump Station Rehabilitation/Expansion & Analysis
· Pump Sizing/ExpansionlImprovements
. Stormwater Management
· Swale and Drainage Development/Improvements
. Outfalls
. Roadway and Transportation
. Neighborhood Improvements
. Lighting
. Sidewalks
. Park Amenities
. Other Related services
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (principal) $-200. 80 Craig A. Smit h , P.E.
Gene R. Schriner, P. E.
l<it) CO Stephen C. Smith, P.E.
'S~ 1~1ks do.~CJ({ M. Dale Milita
Jf') ,Jt.()1,.
Client Service Manager $150.00 William P. Snow, P.E.
Vice President James R. Orth, P.E.
Senior Project Manager $130.00 William H. Landis, P.E.
Orlando A. Rubio, P.E.
Project Engineer $ 90.00 William C. Lips, E.1.
Albert Caruso, E.1.
Glen T. Davis, P.E.
Peter A. Kunen, E.1.
Scientist N/A $
Senior Designer $100.00 Greg A. Giarrtana
Designer $ 80.00 David A. Main
David A. Mizelle
Senior Engineer/Hydrogeologist $
Engineer/Hydrogeologist(Technical $
Specialist)
Senior Professional Surveyor/Mapper $125.00 Richard H. Smith, P.S.M.
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper $100.00 Robert D. Keener, P.S.M.
Engineering/Survey Technician $ 70.00 William Tanto
Kathy Moch
Sergio Machado
Senior Field Representative $ 90.00 Jay Beaton
(Professional) Greg W. Jeffries
Survey Crew $ 110.00
GIS Specialist $ 95.00 Brian Uihlein, MCSE
Graphics Specialist N/A
Senior Inspector $ 85.00 Tony Gomes
GPS Equipment N/A
Senior Administrative Support $158.00 Stephen McBride
.. (,5 CO
~JQ-/kv-deJrlloJI05
Administrative Support $ 40.00 Linda Komoniewski
Connie Vanassche
Sharon Bordonaro
Alisa Fuller
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional N/A
Aerial Photogramrnetry N/A
Computer System Analysis N/A
Rate Study N/A
Financial Services N/A
Instrumentation and Control Services
N/A
Human Resource Services
N/A
Data Acquisition and Control Services
N/A
Direct Costs - Mark-up % Cost Plus Blueprints $1.S0/sheet
Office, reproduction, mailing, etc. 10% Copies $0.1S/sheet
Direct Costs - Mark-up % sub- Cost Plus
consultants 10%
5 _
EXHIBIT B
CRAIG A. SMITH & ASSOCIATES
CONSULTING ENGINEERS. PLANNERS · SURVEYORS. GRANTS ASSISTANCE
RECEIVED
OCT 2 ~ 2003
October 21,2003 BOYtIONB!ACHU1I1TIE8
Via Facsimile: (561) 742-6298
Ms. Barbara Conboy
Manager, Utilities Administration
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, FL 33435
RE: CITY OF BOYNTON BEACH
RATES
CAS PROJECT NO. P-1147
Dear Ms. Conboy:
In response to your letter dated October 10, 2003 and the recommendation to the City
Commission regarding your analysis to our rates, the classifications and our revised
rates are listed below:
CLASSIFICATION
REVISED RATES
Project Director (Principal)
Senior Administrative Support
$ 180.00
$ 65.00
We look forward to a favorable recommendation from the City Commission to proceed
with a Consultant Agreement from you soon.
Sincerely,
. SMITH & ASSOCIATES, INC.
SCS/lk
M:\MUNIC\PROPOSAL\P1147 Boynton Beach\Letter RATES 10-20-03.doc
1000 West McNab Road, Pompano Beach, Florida 33069 · (954) 782-8222 Fax: (954) 786-8927
Palm Beach: (561) 736-3188 Dade: (305) 940-4661 www.craigasmith.com
12/04/03 TEl' 12:57 F.~ 2153482342
, u,o:::;-::,J4I.o 0 2
if '
CERTIFICAT]~ OF INSURANCE
DEe n 4 (D03
DATE 1210310)
PRODUCER
PROFESSIONAL DESIGN INSURANCE
MANAGEMENT CORPOFATION
P.O. BOX 501130
INDrANAPOLIS, IN 462SC
Phone: (317) 570.6945 PI;:: (317) 579-6410
THIS CER.TlPJCATl! IS JSSUBD AS ^ MATIER OF INFORMATION om Y AND CONPBRS NO
RIGHT UPON"'l1!E CBImPICATB HOlDER. 1lIJS CBRnr-tCATB DOBS NOT AMEND,
An'R A"FPOR 'Y JrntCl Iml l1W
COMPANIES AFFORDING COVERAGE:
COMP.4NY A St. Pall) Romsunmcc Company, Ltd.
LJrrrER.
INSURED
Craig A. Smith & Associllte5
of Florida, Inc.
IO()O W. McN.b Road, Sue. 200
Pompano Beach, FL 35069
COMPANY B
LB11'BR
COMPANY C
I..5TTBR.
COMPANY D
LETI'BR.
COMPANY E
LIm'jiR.
COVERAGES
TIilS IS TO CERTIFY THAT POL IClES OF INSURANCE LISTED BELOW HA Vl! !lJW,l ISSUED TO THE INSURED NAMB ABOVE POR nIB POliCY P!llUOD
INDICATED, NOTWITHSTANO: NO /\NY REQUJRBMEN'r,1SJW OR CONDmON OF ~y CONTRACT OR OTHER DOCUMENT wmr RESPECT TO WHICM
n.ns CERTIFTCA'TE MAY 813 IS::um OR MAY PERTAIN, 1lm rNSURANCB AFFOJIDEJ) BY THI3 POUc:IES DESCRIBED HaREIN IS SUBJ'BCT TO ALL nrs
TERMS, EXCLUSION, AND CO} lImON OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BBBN REDUCED BY PAID CLAIMS.
co
Ln
TYPE OF INS lJRANCB
POLJCY NUMBER. 1'OUCY POLICY
BFP'I:;C'l1VB SXPlRAnON
nA1'F!
UMIT8
OENERAL LlABILITY
. [ I COMMERCIAL OENSM. UABlUTY
[ J [ ]CWM ~ ( ] c: CCURRENCB
[ } OWNER'S &. CONTRAi~RS PRC7I'ECTIVE
[ ) .
I
AlITOMOBILE UABILITY
GENERAL AOOREOA.m $
PROOUCTS~MP/OPS AOOREOA."rB $
PERSONAL a: ADVl3RllSlNCi INJURY S
1!ACH 0CClJRENCR S
FrRS DAMAGE (ANY ONE FIRE) $
N)
[ ) ~y AUTO
[ ] ALL OWNED AUTOS
[ J SCHEDULED AUTos
[ J HIRED AUTOS
r ] NON.QWNED AUTOS
[ J GARAGH UABILITY
r 1
EXCESS lJAB!lJTY
[ ] UMeRBLtA FORM
WORKERS'COMPSNSATION
AND
EMPLOYER L [ABILITY
CSL $
BODILY fNJURY S
(pER PERSoN)
BODILY INJURY $
(pER ACCIDSNn
PR.<IP5RTY S
DAMAGE AGGREGATE
EACH
OCCURRENCE S
STATllTO:RY
$ (EACH ACCIDENT)
S (DJSEASE-POUCY IJMIT)
$ (OISBASE-!!ACI-t EMPLOYEE)
A OTHBJI.
PROFESSIONAL UABnJr ( SPL 001141.00
(X] ARCHITECTS AND m\ GlNEBRS
[ ]
OESCRlPTlON OF OPERATIONS 'r..OCATIONIVEIilCLESISPBCL\l.. ~
01 Apt OJ OJ Apr 04 100000o "LlMJTEACH CI.AJM AND
$2000000 IN THE AGGJU!GA.~
CBRTIFICA TE HOLDER
The City of Boynton Beach
UtiUties Department
124 E. Woolbrigbt Road
Boynton Beach, FL 33435
Attn: Barbara ConbOY, }\l,gr. Utility Adm.
SHOULD ANY OP THE ABOVl! DESCfUBm POlJCJBS BE CANCELLIID
1IBPORE THE EXPIRATION DAn! TH5lU3OF, T.HB rsSUlNO COMPANY
WlLLENImAVOR TO MAlL 10 DAYS ~NOTICE TOnIE
ceRTIFICATE HOLOmt NAMED TO 11iE LEFT, BUT FAILURE TO
MAn.. SUCfl: NOTICE SHALL IM1>OSB NO OBLIGATION OR.llABlUTY
OF ANY KIND UPON niB COMPANY,ITS AOBNTS OR
RBPRliSBNTATIVES.
AUTHORIZEP REPRE!SENTATIVB
1_..-
.."'._-......1.-
ACORD 25.,5 (1195)
Date: 12/4/2003 Time: 10:29 AM To:
Page: 002-003
@ 9" ,9547868927
Cllentl: 13062 CRAIGASM
ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MM,oD/YYYV)
12/04~
PRODUCER THS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cypreaa Inaurance Group BO-CL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Drawer 9328 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
5800 N. Andrews Avenue
Fort Lauderdale, FL 33310-9328 INSURERS AFFORDING COVERAGE NAlC.
INSURED INSURER A: Transportation Ina. Co.
Craig A. Smith & Aaaoclatea INSURER B: Evereet Natlonallna. Co.
1000 W. McNab Road INSURER C:
Pompano Beach, FL 33089 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BaOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREM8'4T, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO INHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCWSIONS AND CONDrrJONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OFINSURAHCE POUCYNUMBER I POUCY Pg~W ON UMrrs
ITD ......r
A ~NERAL UABIUTY 2025471552 12/01~ 12/01104 EACH OCCURRENCE $1 000 000
lL COMMEROAL GENERAL LIABILITY DAMAGE TO RENTED S3OO.ooo
- =:J CLAIMS MADE ~ OCCUR MED EXP f/\.ny CIle per1lOn) 510.000
PERSONAL & ADV INJURY $1000.000
GENERAL AGGREGATE $1 000.000
n'L AGGREnE LIMIT APriS PER: PRODUCTS. OCMP/OP AGG $1 000.000
POLICY ~g: LOG
~OMoeILE UABlUTY COMBINED SINGLE LIMIT $
ANY AUTO (Ea acddenl)
~
~ ALL CWNED AUTOS BOO L Y INJURY
(p er person) $
- SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
- $
NON-CWNED AUTOS (per acddent)
-
PROPERTY DAMAGE $
(per acOdenl)
==fAGE L1ABIUTY AUTO ONLY- EA ACODENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A ~CESS,uMBRELLA LIABILITY 2025471552 12/01~ 12/01104 EACH OCCURRENCE $3000000
X OcaJR D CLAIMS MADE AGGREGATE $3000000
$
==J ~EDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND 2700008644031 01/16/03 01/16/04 X 1M:; STATU- 'OJ);-
EMPLOYERS' UABIUTY 5500 000
ANY PROPRlETffi/PARTNER/EXECUTIVE E.L. EACH ACODENT
OFFlCERiMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE 5500.000
Ilyes, de9:ribe under E.L. DISEASE - POLICY LIMIT 5500 000
SPEOAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS /VEHlCLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Project: Water Plant &panslonJWellfleld Development
Certificate Holder la Additional Insured with respecta the General Liability, under
Blanket Addltlonallnaured Form 1G123127B 12/02
CERTIFICATE HOLDER
City of Boynton Beach
Utility Department
124 E. Woolbright Road
Boynton Beach, FL 33435
CANCEL TlON
SHOULD AK'f OF THE ABOVE DESCRIBED POUOES BE CANCEu.ED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ....1fL DAYS WRITTEN
NOTICE TO THE CERTlACATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL
IMPOSE NO OBUGATlON OR UABILlTY OF AK'f KIND UPON THE INSURER, ITS AGENTS OR
ACORD 2S (2001/08) 1 of 2
1IS35094..M34699
CR
€l ACORD CORPORATION 1988
Date: 12/4/2003
ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MM,oo/YYYY)
12/04/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cypress Insurance Group BO-CL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Drawer 9328 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
5800 N. Andrewa Avenue
For1 Lauderdale, FL 33310-9328 INSURERS AFFORDING COVERAGE NAlC'
INSURED INSURER A:. Transportation Ina. Co.
Craig A. Smith & Asaoclatea INSURER B: Everest Natlonallna. Co.
1000W. McNab Road INSURER C:
Pompano Beach, FL 33069 INSURER D:
INSURER E:
Time: 10:29 AM To:
Page: 002-003
Cllent#: 13062
@ 9" ,9547868927
CRAIGASM
COVERAGES
THE POLICIES OF INSURANCE LISTED Baow HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSU ED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSANDCONDrTlONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
~ TYPE OF INSURANCE POUCYNUMBER POU ~ EFFECTIVE POUCYEXP,RAnON UMITS
A ~NERAL UABIUTY 2025471552 12/01/03 12/01/04 EAOt OCOJRRENCE $1.000.000
~ OMEROAL GENERAL. LIABILITY DAMAGE TO RENTED ~, $300_000
I-- CLAMS MADE ~ OCCUR MED EXP !Anyone person) $10000
PERSONAL & ADV INJURY $1 000.000
GENERAL AGGREGATE $1 000.000
GEN'L AGGREnE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $1 000.000
-=, POLICY Pfg: LOG
~OMOBILE UABIUTY COMBINED SINGLE LIMIT $
ANY AUTO (Ea acddent)
-
ALL ONNED AUTOS BODILY INJURY
- !per person) $
- SOtEDULED AUTOS
HIRED AUTOS BODILY INJURY
- !per acddent) $
- NON-ONNED AUTOS
PROPERTY DAMAGE $
!per acddent)
R~GE UABIUTY AUTO ONLY- EA ACODENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A tiJCESSiUMBRELLA UABILITY 2025471552 12/01/03 12/01/04 EAOt OCOJRRENCE $3 000 000
X OCOJR 0 CLAMS MADE AGGREGATE $3 000 000
$
R DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND 2700008644031 01/16/03 01/16/04 X I /!:f..J"[~~~;, I 10J~-
EMPLOYERS' UABIUTY sSOO.OOO
ANY PROPRlETCf1!PARTNER/EXEOJTIVE E.L. EAOt ACODENT
OFFICERJMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE sSOO.OOO
Ilyes, deocribe under E.L. DISEASE - POLICY LIMIT sSOO.OOO
SPEOAL PROVISIONS below
OTHER
DESCl'lIPTlON OF OPERATIONS / LOCATIONS /VEHlCLES/ EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Project: Water Plant &panalon/Wellfleld Development
Cer1lflcate Holder la Addltlonallnaured with reapects the General Liability, under
Blanket Addltlonallnaured Form #G123127B 12/02
CERTIFICATE HOLDER
CANCEL TlON
City of Boynton Beach
Utility Depar1ment
124 E. Woolbright Road
Boynton Beach, FL 33435
SHOULD ANY OF THE ABOVE DESCl'lIBED POUOES BE CANCEUED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -J.1L. DAYS WRITTEN
NOTICE TO THE CERTlACATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL
ACORD 26 (2001/08) 1 of 2
#S35094/M34699
CR
€l ACORD CORPORATION 1988
Date: 12/4/2003 Time: 10:29 AM To:
Page: 003-003
@ 9" ,9547868927
IMPORTANT
If the certifICate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or a~er the coverage afforded by the policies listed thereon.
ACORD 26-S (2001/08)
2 of 2
#S350941M34899
A CORDTM CERTIFICA TE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
11/21/03
PRODUCEr( THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cypress Insurance Group BO-CL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Drawer 9328 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
5800 N. Andrews Avenue
Fort Lauderdale, FL 33310-9328 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Transportation Ins. Co.
Craig A. Smith & Associates INSURER B: Everest National Ins. Co.
1000 W. McNab Road INSURER C:
Pompano Beach, FL 33069 INSURER D:
INSURER E:
Client#: 13062
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
L TR NSR TYPE OF INSURANCE POLICY NUMBER PJ>l-+~Y ~~~~g~~E LIMITS
A
GENERAL LIABILITY 2025471552
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [K] OCCUR
12/01/03
12/01/04
$1 000 000
$300 000
MED EXP (Anyone person) $10 000
PERSONAL & ADV INJURY $1 000 000
GENERAL AGGREGATE $1 000 000
PRODUCTS - COMP/OP AGG $1 000 000
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
OTHER THAN
AUTO ONLY:
EA ACC
AGG
$
$
$
$3 000 000
$3 000 000
$
$
$
A
EXCESS/UMBRELLA LIABILITY
X OCCUR D CLAIMS MADE
2025471552
12/01/03
12/01/04
EACH OCCURRENCE
AGGREGATE
DEDUCTIBLE
RETENTION $
B WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
II yes. describe under
SPECIAL PROVISIONS below
OTHER
2700008644031
01/16/03
01/16/04
X
$500,000
EL DISEASE - EA EMPLOYE $500,000
E.L. DISEASE - POLICY LIMIT $500,000
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Boynton Beach Utility DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---1.0..- DAYS WRITTEN
Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
124 E. Woolbright Road IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Boynton Beach, FL 33435 REPRESENTATIVES.
AU~ZED REPRES&IVE
""..& _ oA ~
ACORD 25 (2001108) 1 of 2
#S34931/M34699
CR
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorselTlent(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirlTlatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001108)
2 of 2
#S34931/M34699
The City of
Boynton Beach
ct
'I} OF" En Y.\Hrm ~F ^ "I
", TV "/ .. r:; ,,'. - .. ,_I-> (,.j
,," , i.oli_r~;~l\ S OFFI!";-'-
".'-
Utilities Departmen/
/24 E Woolbright Road
Boynton Beach. Florida 33435
Phone (56/) 742-6400
FAX (56/)742-6298
C3[][C IS PN 3: 36
OFFICE OF THE DIRECTOR OF UTILITIES
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 12, 2003
RE: 2- Y ear Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C .
D
N
D
omes ate o. escnptIon
1 Original Agreement - CH2M Hill
1 Proof of Insurance
REMARKS: Please provide file accordingly.
CC: Procurement Services
Karen Riseley
SIGNED: ~JlC~ 12./203
,K DEL,,! r,2-
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and CH2M Hill. Inc., hereinafter referred to as "Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Well field Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on tJ au, If, 2003, accepted the City
Administration's recommendation and designated Consultant as one of six (6) qualified
consulting firms for Scope A, one of five (5) qualified consulting firms for Scope B, one of 15
qualified consulting firms for Scope C, and one of nine (9) qualified consulting firms for Scope
D to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-l
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of six (6) consulting
firms for Scope A, one of five (5) consulting firms for Scope B, one of 15 consulting firms
for Scope C, and one of nine (9) consulting firms for Scope D which will be assigned
projects listed on Exhibit "A" and that the City has made no representation or promise
regarding which projects or the number of projects that will be assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
CA-2
c. Final payment of any balance due the Consultant will be made promptly upon its
ascertainment and verification by the City after the completion of the work under this
agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury~ and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
CA-3
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death ofa member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) written
days notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
C HZm ;"/I/..L.
rtrn.f. J:(:CIC C)t..so.)
800 ;;+/.I{w7tt" JJt2. I Sc.J, 7E' j.ro
,
bElf"~FI'~t.A 'ZeAc.H/ FL j:1'1:J~
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this 18 day of
Nevembe{
,20~.
CITY OF BOYNTON BEACH
KurtB~
Attest! Authenticated:
o
Rev. 04/08/03
4t~
Consultant
--
V teE P f2-f.f, I ~ I;N (
Title
(Corporate Seal)
Attest! Authenticated:
~
f'?1,f,ecretary
CA-6
EXHIBIT A
SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT
· Low Pressure Membrane Softening
· Low Pressure Reverse Osmosis
. Nanofiltration
· Anionic Exchange
. Lime Softening
· Other Related Services
SCOPE B: WELLFIELD DEVELOPMENT and HYDROGEOLOGY SERVICES
· Well Redevelopment and Modification
· Bringing Existing Wells to Production
. New Surficial Wells
· Locating and Installing New Floridan Aquifer Wells
. Wellfield Improvements
· Aquifer Storage & Recovery (ASR) Well Development
· Deep Injection Well Maintenance and Repair
· Multi-purpose ASRJFloridan Wells
· Wellfield Protection
· Wellfield Flow Analysis
· Other Related Services
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
· Water Main Replacement
· Interconnections
· Sanitary Sewer Line, Repair, Rehabilitation, Replacement
· Inflow & Infiltration Studies/Repair
· Wastewater Pump Station RehabilitationlExpansion & Analysis
· Pump SizinglExpansion/Improvements
· Stormwater Management
· Swale and Drainage Development!Improvements
· Outfalls
· Roadway and Transportation
· Neighborhood Improvements
. Lighting
· Sidewalks
. Park Amenities
· Other Related services
EXHIBIT A
SCOPE D: ANCILLARY STUDIES and SERVICES
. Rate Analysis
. Accounting Procedures
. Revenue Bonds
· Risk Management
. Employee Training
· Performance Measurement & Organizational Management
. NPDES Permitting
. Vulnerability Assessments
. Master Plan Updates
. Clean Air Act Compliance
· Consumer Confidence Report
. Consumer Satisfaction Survey
· Wastewater Capacity Analysis
. Hydraulic Analysis
· Power Analysis
· Geographic Information Systems
. Aerial Photogrammetry & Photography
· Process Controls & Instrumentation
· Data Acquisition and Control Services (DACS)
· Supervisory Control & Data Acquisition (SCADA)
· Other Related Services
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal) - This $195.00 McCORMICK, TOM; DY AK, JAMES
position is an officer of the firm and
has signatory authority
Client Service Manager - This $150.00 OLSON, RICHARD
position has primary responsibility for
all client needs and oversees project
delivery
Senior Project Manager - Senior $160.00 EMANUEL, RICHARD; SCHWARZ,
Professional on project management WALTER; SHARP, TIMOTHY;
career path. Capable of directing large SKEHAN, SEAN; WOBMA, PAUL
multi-discipline projects
Project Engineer - Senior technical $122.00 MACHOWICZ, ROBERT; MANGRUM,
professional capable of managing CARL; MORALES, RICARDO;
tasks and small projects. Licensed PONTEK, ROBERT; POSTROZNY,
with over 10 years of professional HENRY; SCHUMAN, DAVID
expenence.
Scientist - Environmental professional $95.00 BENNETT, FRANCES; LANDRUM,
specializing in permitting MIKE; PATTERSON, ELEN; SLOAN,
ANDREW
Senior Designer - professional $95.00 BOWER, LARRY; LANGLEY,
capable of directing design team and PHILLIP; TAYLOR, MICHAEL C.
developing design concepts from
engineering staff
DFB310036961327.doc/032960012
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Designer - technician level directed by $80.00 BISHOP, GREG; BRANSTROM,
senior designer of engineer NANCY
Senior Engineer/Hydrogeologist - $110.00 PARRILLO, JASON; POWERS JOHN;
Senior, licensed professional, with TRETTIN, DIANA; Y ALLAL Y,
over 5 years of professional BRANDON
expenence.
Engin eer/Hydrogeologist(T echnical $85.00 DEBRINCA T, JASON; HOLMES,
Specialist) - junior, degreed CHRIS; PETERS, CHRIS; REINA,
professional. JENNY; SCHILLING, MARK
Senior Professional $90.00 DA VIS, JAMES
Surveyor/Mapper - professional to
prepare scopes of work for
subcontracting.
Professional Surveyor/Mapper TBD TBD as needed
Engineering/Survey Technician - $70.00 KLEIN, OLGA; SHAW, TAZMI;
Junior technician capable of preparing SMITH, PETER
design drawings or gathering field
data.
DFB310036961327.doc/032960012
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Senior Field Representative $122.00 FORD, LANETRA; FURDOCK,
(Professional) - senior construction MICHAEL; RABIDEAU, JAMES;
professional capable of directing KENYON, LEONARD
significant construction projects.
Survey Crew TBD TBD as needed
GIS Specialist - technical professional $90.00 SOBOTA, PETER; ZHAO, HONGYING
to develop, access, and modify GIS
data bases.
Graphics Specialist - professional $75.00 BRADLEY, MARK; BRESNEY,
capable of developing electronic CAROL; PANZER, ANGELI;
engineering and presentation graphics RABIDOUX, JAMES
Senior Inspector - technical specialist $92.00 WILLIS, CURTIS
capable of directing construction
proj ects
GPS Equipment N/A N/A
Senior Administrative Support - $75.00 FRITCH, MOLLY; GUMM,
senior administrative staff capable of DOROTHY; WILLOUGHBY, YVONNE
providing document control during
construction proj ects, proj ect
accounting, and assisting with
subcontract preparation
DFB31 0036961327 .doc/0329600 12
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Administrative Support - general $54.00 OLIVER, WILLIAM; PACE,
office staff, photocopying, mail, etc. ROBERTA; WALLACE, ANNE
Paraprofessional - unlicensed staff $80.00 BOND, RYAN; MOORE, MICHAEL;
who provide professional service in SPURLIN, GABRIELLE; WIDGREN,
accounting, contract review, and VALERIE
contract review.
Aerial Photogrammetry TBD TBD as needed
Computer System Analysis - $100.00 CRISCUOLO, BOB
professional staff with unique skills
capable of providing assistance on
computer networks, web site, and
software applications
Rate Study - licensed, degreed $155.00 GREEN, DAVID
professional capable of providing
demand projections, rate study
analysis, and rate justification
Financial Services - licensed, degreed $155.00 GREEN, DAVID
professional capable of providing
support with bond analysis and
financial reporting
DFB310036961327doc/032960012
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Instrumentation and Control TBD TBD as needed
Services
Human Resource Services TBD TBD as needed
Data Acquisition and Control TBD TBD as needed
Services
Direct Costs - Mark-up % 0%
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub- 10%
consultants
SENIOR CONSULTANT -licensed, 175.00 LA VINDER, STEVEN; BENGOCHEA,
degreed professional with at least JOSE IGNACIO; BERGMAN,
15 years consulting experience. ROBERT;PONTEK,ROBERT
Brings unique understanding and
technical experiences - provides
technical leadership for specific
proj ects
SENIOR PRINCIPAL DIRECTOR $210.00 BEAUDET, BEVIN; BAILEY, BOB
Officer of the firm that will not be
accessed with out direct request from
City. These individuals bring unique
experiences and perspectives to
critical client-level issues.
DFB310036961327.doc/032960012
PRODUCER
MARSH USA, INC.
1225 17TH STREET, SUITE 2100
DENVER, CO 80202-5534
CERTIFICATE NUMBER
SEA-Q00713676-02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
5114 -00124-ALL-
DFB
713676
COMPANY
A ZURICH AMERICAN INSURANCE COMPANY
INSURED
CH2M HILL, INC.
12377 MERIT DRIVE, SUITE 1000
DALLAS, TX 75251
COMPANY
B
COMPANY
C
COMPANY
D
11-I1S IS TO CERTIFY 11-IAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO 11-IE INSURED NAMED HEREIN FOR 11-IE POLICY PERIOD INDICATED.
NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 011-lER DOCUMENT WITH RESPECT TO WHICH 11-IE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN. 11-IE INSURANCE AFFORDED BY 11-IE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL 11-IE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DD/VY) DATE (MM/DDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
A COMMERCIAL GENERAL LIABILfTY GL08378563-08 05/01/03 05/01/04 PRODUCTS - COM PlOP AGG $ 5,000,000
CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY $ 500,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 500,000
X $ 500,000
$
A AUTOMOBILE LIABILITY $ 2,000,000
COMBINED SINGLE LIMIT
X ANY AUTO BAP8378516-08 (AOS) 05/01/03 05/01/04
ALL OWNED AUTOS TAP8378560-08 (TX) 05/01/03 05/01/04 BODILY INJURY $
SCHEDULED AUTOS BAP8378561-Q8 (\IA) 05/01/03 05/01/04 (Per person)
HIRED AUTOS MA8378562-Q8 (MA) 05/01/03 05/01/04 BODILY INJURY
(Per accident) $
NON-OWNED AUTOS
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANY AUTO 011-lER 11-IAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
011-lER 11-IAN UMBRELLA FORM
WORKERS COMPENSATION AND X
EMPLOYERS' LIABILITY
A WC8378566-Q9 05/01/03 05/01/04
A 11-IE PROPRIETORI X INCL WC8378565-Q8 05/01/03 05/01/04 EL DISEASE-POLICY L1M IT
PARlNERSIEXECUTlVE EL DISEASE-EACH EMPLOYEE $
OFFICERS ARE: EXCL
H
DESCRIPTION OF OPERA TlONS/LOCA TlONSNEHICLESlSPECIAL ITEMS
RE: CITY OF BOYNTON BEACH GENERAL CONSULTING; PM: RICK OLSON.
CITY OF BOYNTON BEACH IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE AUTOMOBILE LIABILITY AND AS PER
THE BLANKET ENDORSEMENT TO THE GENERAL LIABILITY POLICY.
CITY OF BOYNTON BEACH
ATTN: UTILITIES DEPARTMENT
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL --30. DAYS WRITTEN NOncE TO THE
CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE
ISSUER OF THIS CERTIFICATE.
MARSH USA INC.
BY: Dorothy A. Stevens
CERTIFICATE NUMBER
SEA-000713677 -02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
PRODUCER
MARSH USA, INC.
1225 17TH STREET, SUITE 2100
DENVER, CO 80202-5534
5114 -00005-ALL 1-2000
DFB
713677
COMPANY
A ZURICH AMERICAN INSURANCE COMPANY
INSURED
CH2M HILL, INC.
12377 MERIT DRIVE, SUITE 1000
DALLAS, TX 75251
COMPANY
B
COMPANY
C
COMPANY
D
llilS IS TO CERTIFY lliAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO lliE INSURED NAMED HEREIN FOR lliE POLICY PERIOD INDICAlED.
NOTWITHSTANDING ANY REQUIREMENT. lERM OR CONDITION OF ANY CONlRACT OR OlliER DOCUMENT WITH RESPECT TO WHICH lliE CERTlFICAlE MAY BE ISSUED OR MAY
PERTAIN. lliE INSURANCE AFFORDED BY lliE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL lliE lERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGAlE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DDIYY) DATE (MMIDDIYY)
GENERAL LIABILITY GENERAl AGGREGAlE $
COMMERCIAL GENERAL LIABILITY PROOUClS - COM PlOP AGG $
CLAIMS MADE D OCCUR PERSONAL & ADV INJURY $
OWNER'S & CONlRACTOR'S PROT EACH OCCURRENCE $
$
$
AUTOMOBILE LIABILITY $
COMBINED SINGLE LIMIT
ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OlliER lliAN AUTO ONLY:
EACH ACCIDENT
AGGREGAlE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGAlE
OlliER lliAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
lliE PROPRIETOR! INCL EL DISEASE-POLICY LIMIT
PARTNERS~ECUTlVE EL DISEASE-EACH EMPLOYEE $
OFFICERS ARE: EXCL
A PROFESSIONAL LIABILITY" EOC3829621-01 05/01/03 05/01/04 $1,000,000 EACH CLAIM AND
TOTAL FOR ALL CLAIMS
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS
RE: CITY OF BOYNTON BEACH GENERAL CONSULTING; PM: RICK OLSON.
"FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN
THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE.
CITY OF BOYNTON BEACH
ATTN: UTILITIES DEPARTMENT
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
SHOULD ANY DF lHE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE lHE EXPIRAllON DATE lHEREOF.
lHE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL --30. DAYS WRrITEN NOTICE TO lHE
CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON lHE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR lHE
ISSUER OF lHlS CERTIFICATE.
CH2M HILL
Hillsboro Executive Center North
. CH2MHILL
~.
800 Fairway Drive
Suite 350
Deerfield Beach, FL 33441-1831
Tel 954.426.4008
Fax 954.698.6010
December 9, 2003
Barbara Conboy
Manager, Utilities Administration
124 East Woolbright Road
Boynton Beach, FL 33435
Subject: Contract for General Consulting and Engineering Services
Dear Barb:
Attached please find the executed agreement between the City of Boynton Beach and
CH2M HILL for General Consulting and Engineering Services. At your request, we have
also attached insurance certificates for our insurance coverages naming the City of Boynton
Beach as a certificate holder.
Please call me if I can offer any additional information. We are looking forward to
continuing our relationship with the City under this agreement.
Respectfully,
CH2M HILL
a~
Rick Olson, P.E.
Client Service Manager
DFB310036961428.docj033430018
c: Grethe McLaughlin
Bryan McDonald
The City of
Boynton Beach
~
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Phone (561) 742-6400
FAX (561)742-6298
'''''y
J ,: 0 or: P .r-~ \,." J.I .,... I
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"-
OJ DEe I S PM 3: 36
OFFICE OF THE DIRECTOR OF UTILITIES
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 12, 2003
RE: 2- Y ear Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C '
D
N
D
optes ate o. escnptIon
1 Original Agreement - Metcalf & Eddy
1 Proof of Insurance
REMARKS: Please file accordingly.
CC: Procurement Services
Karen Riseley
SIGNED: Rail ~ /J /,) {)3
11 [) 3--(r~
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Metcalf & Eddy. Inc., hereinafter referred to as "Consultant", in consideration of
the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on f'JD Ii, /<1 , 2003, accepted the City
Administration's recommendation and designated Consultant as one of six (6) qualified
consulting firms for Scope A, one of 15 qualified consulting firms for Scope C, and one of nine
(9) qualified consulting firms for Scope D to provide general engineering services to the City;
and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-l
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of six (6) consulting
firms for Scope A, one of 15 consulting firms for Scope C, and one of nine (9) consulting
firms for Scope D which will be assigned projects listed on Exhibit "A" and that the City has
made no representation or promise regarding which projects or the number of projects that
will be assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
CA-2
c. Final payment of any balance due the Consultant will be made promptly upon its
ascertainment and verification by the City after the completion of the work under this
agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury~ and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
CA-3
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death ofa member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City,.ifthe City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) written
days notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
Metcalf & Eddy, Inc.
3740 Executive Way
Miramar, FL 33025
Attention: Mark S. Blanchard. Vice President
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this ~ day of
NoveM be(
CITY OF BOYNTON BEACH
~
Kurt Bressner, City Manager
Attest! Authenticated:
m.
Rev. 04/08/03
,20~.
METCALF & EDDY. INC.
Consultant
~.
Title Mark S. Blanc
(Corporate Seal)
Attest! Authenticated:
CA-6
Assistant Secretary
Richard D. Hovard
EXHIBIT A
SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT
· Low Pressure Membrane Softening
· Low Pressure Reverse Osmosis
· Nanofiltration
· Anionic Exchange
. Lime Softening
· Other Related Services
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
· Water Main Replacement
. Interconnections
· Sanitary Sewer Line, Repair, Rehabilitation, Replacement
· Inflow & Infiltration Studies/Repair
· Wastewater Pump Station Rehabilitation/Expansion & Analysis
· Pump Sizing/Expansion/Improvements
· Stormwater Management
· Swale and Drainage Development!Improvements
. Outfalls
· Roadway and Transportation
· Neighborhood Improvements
. Lighting
. Sidewalks
· Park Amenities
· Other Related services
EXHIBIT A
SCOPE D: ANCILLARY STUDIES and SERVICES
· Rate Analysis
· Accounting Procedures
· Revenue Bonds
· Risk Management
· Employee Training
· Performance Measurement & Organizational Management
· NPDES Permitting
· Vulnerability Assessments
· Master Plan Updates
· Clean Air Act Compliance
· Consumer Confidence Report
· Consumer Satisfaction Survey
· Wastewater Capacity Analysis
· Hydraulic Analysis
· Power Analysis
· Geographic Information Systems
· Aerial Photogrammetry & Photography
· Process Controls & Instrumentation
· Data Acquisition and Control Services (DACS)
· Supervisory Control & Data Acquisition (SCADA)
· Other Related Services
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (principal) $175 Alejandro Toro
Byong Shin
Larry VandeVenter
Stephen Bishop
Nicholas Cooper
Client Service Manager $175 Mark Blanchard
Senior Project Manager $156 Jules Ameno, Jr.
James Penkosky
Richard Ulkus
Alan Kapalka
Ronald Fiore
Gary Miller
David Rittmeyer
Project Engineer $113 Robert Velasco
Robert Race
Vincent Kurek
Audrey Casavant
Scientist $71 Joseph Polansky
Senior Designer $91 Amy Walker
Mark Frank
Designer $71 Mark Montantes
Senior Engineer/Hydrogeologist $89 Nicolette Lundie
Matthew Holbrook
Engineer/H ydrogeologist $78 Everette Lopez
(Technical Specialist) Adam Moore
Sheldon Barnes
Senior Professional n/a n/a
SurveyorlMapper
Professional SurveyorlMapper n/a n/a
Engineering/Survey Technician n/a n/a
Senior Field Representative $116 Richard Kaminska
George Papaioannou
Joseph Richard
Survey Crew n/a n/a
GIS Specialist $112 Lindle Wilnow
EXHIBIT B
Graphics Specialist $78 Jack Draisey
Senior Inspector $75 Richard Longhenry
Patrick Hull
Douglas Evans
GPS Equipment $85 Peter LaForge
Peter Verbanac
Senior Administrative Support $71 Diane Centimole
Annette Duncan
Administrative Support $45 Linda Paulison
Luisa Alvarado
Paula Austin
Vicky White
Angela Smith
Jacqueline Pottinger
Paraprofessional n/a n/a
Aerial Photogrammetry n/a n/a
Computer System Analysis n/a n/a
Rate Study n/a n/a
Financial Services n/a n/a
Instrumentation and Control $113 Vernon E. Ware
Services Frank O'Hara
Human Resource Services n/a n/a
Data Acquisition and Control n/a n/a
Services
Direct Costs - Mark-up % 10% As required
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub- 10% Hiller Electrical Engineering
consultants Spillis Candela DMJM
Civil Works, Inc.
Planning and Economics Group
n/a=not applicable (employee may have been identified elsewhere or work will be subcontracted)
revised 10-16-03
MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER
LOS-000315724-02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh Risk & Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
777 South Figueroa Street POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
CA license #0437153 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
Los Angeles, CA 90017 COMPANIES AFFORDING COVERAGE
J Altn: Roxann Byrne (213) 346-5588
COMPANY
;0 -AECOM-CAS-2003 M&E MIRAM FL A ACE American Insurance Company
INSURED COMPANY
METCALF & EDDY, INC. B
3740 EXECUTIVE WAY
MIRAMAR, FL 33025 COMPANY
C Illinois Union Insurance Company
COMPANY
D N/A
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MMIDDiYY) DATE (MMIDDIYY)
A GENERAL LIABILITY HDO G20589905 04/01/03 04/01104 GENERAL AGGREGATE $ 1,000,000
-
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COM~OPAGG $ 1,000,000
- tJ CLAIMS MADE 0 OCCUR
PERSONAL & ADV INJURY $ 1,000,000
f---
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
f---
FIRE DAMAGE (Anyone fire) $ 1,000,000
MED EXP (Anyone person) $
A AUTOMOBILE LIABILITY ISA H07849631 04/01/03 04/01/04 $ 1,000,000
- COMBINED SINGLE LIMIT
X ANY AUTO
-
- ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
-
C HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
'-- PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
-
- ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
-
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
==1 UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND I T~~$'[fJNs I IOJ~
EMPLOYERS' LIABILITY
EL EACH ACCIDENT $
THE PROPRIETOR! R'NCL EL DISEASE-POLICY LIMIT $
PARTNERSlEXECUTIVE EL DISEASE-EACH EMPLOYEE $
OFFICERS ARE: EXCL
C UIHER EON G21654693 001 04/01/03 04/01/04 $1,000,000
ARCHITECTS & ENG. '~CLAIMS MADE" .. PER CLAIM/AGGREGATE
PROFESSIONAL L1AB. DEFENSE INCLUDED
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/SPECIAL ITEMS
RE: GENERAL ENGINEERING SERVICES. THE CITY OF BOYNTON BEACH IS NAMED AS AN ADDITIONAL INSURED FOR GL & AL COVERAGES,
BUT ONLY AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -3..0 DAYS WRITTEN NOnCE TO THE
BOYNTON BEACH, CITY OF CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAli. SUCH NonCE SHALL IMPOSE NO OBLIGATION OR
UTILITY DEPT.
100 E. BOYNTON BEACH BOULEVARD LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE
BOYNTON BEACH, FL 33435 ISSUER OF THIS CERTIFICATE.
MARSH USA INC.
BY: John F Wesley ~
MM1(3/02) VALID AS OF: 04/01f03
Af..~
Metcalf & Eddy
301 Clematis Street, Suite 200
West Palm Beach, FL 33401
December 10, 2003
Tel: 561-833-8340
Fax: 561-833-8519
www.m-e.com
Ms. Barbara Conboy, Manager
Utilities Administration
City of Boynton Beach
124 East Woolbright Road
Boynton Beach, Fl 33435
Re: Original Consultant Agreement
Two-Year General Consulting and Engineering Contract
Dear Ms. Conboy:
As requested, please find the enclosed original Consultant Agreement fully executed by Metcalf &
Eddy with our insurance certificate. We look forward in working with the City of Boynton Beach
under this agreement.
Please contact me with any questions or comments at 954-450-5187.
Sincerely,
METCALF & EDDY, INC.
~c~
Vice President
Enclosure: Original Consultant Agreement
P:\ Engineering\ BoyntonBeach \ Boynton 2004\ bc031210.doc
AN A E COM COMPANY
The City of
Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach. Florida 33435
Phone (561) 742-6451
FAX: (561)742-6298
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LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 15,2003
RE: 2 Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
COPIes Date No. DescnptlOn
1 Original Agreement - LBFH, Inc.
1 Proof of Insurance
REMARKS:
CC: Procurement Services
Karen Riseley
SIGNED: IJ.-J./l aOa a /5-03
If (j 3-1 g';Z
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and LBFH. Inc., hereinafter referred to as "Consultant", in consideration of the mutual
benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Well field Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on NDd, 11 , 2003, accepted the City
Administration's recommendation and designated Consultant as one of 15 qualified consulting
firms for Scope C to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-I
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms
for Scope C which will be assigned projects listed on Exhibit "A" and that the City has made
no representation or promise regarding which projects or the number of projects that will be
assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services-shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury~ and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this if?> day of
Heu em bet'
,20~.
CITY OF BOYNTON BEACH
~
Kurt Bressner, City Manager
~Q~
Consultant
Attest! Authenticated:
o C-G" Prest de/! f
Title
(Corporate Seal)
Attest! Authenticated:
o
5~~
Secretary
Rev. 04/08/03
CA-6
EXHffiIT A
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
. Water Main Replacement
. Interconnections
· Sanitary Sewer Line, Repair, Rehabilitation, Replacement
· Inflow & Infiltration Studies/Repair
· Wastewater Pump Station RehabilitationJExpansion & Analysis
· Pump SizinglExpansion/Improvements
· Stormwater Management
· Swale and Drainage Development!Improvements
. Outfalls
. Roadway and Transportation
· Neighborhood Improvements
. Lighting
. Sidewalks
. Park Amenities
· Other Related services
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
$150 Scott A. Eckler, P.E.
The Principal will oversee the consulting
services provided by this Team to the City of
Boynton Beach. The Principal will monitor the
progress of the Team and that the Team is
meeting or exceeding the City's expectations.
Client Service Manager
$130 David McNabb, P.G.
The Client Service Manager is the main
contact between the City and the Project
Team. The CSM for the City is ultimately
responsible for the quality, schedule, and
budgets of all of the projects and the
satisfaction of the City. It is also the duty of
the CSM to understand the needs of the City
and to ensure that the proper Team members
and resources are available. Having this
common "threadn lends continuity and
consistency to the delivery bv the Team.
Senior Project Manager
$120 Lawrence Lardieri, P.E.
The Senior Project Manager will focus on the Lennart J. Lindahl, P.E.
project approach, project needs, and the Jeff Renault, P.E.
direction of the team. The licensed, technical
oversight for the task.
Project Engineer
PLEASE SEE PAGE 6 FOR
CLASSIFICA nON OF ENGINEER 1- VI
Scientist
N/A N/A N/A
Senior Designer
$80 Judy Dye
The Senior Designer will oversee conventional
aspects of the subject matter of the functional
area of the assignments. This person does
not have a professional registration,yet works
with an engineer
Designer
N/A N/A N/A
Senior Engineer/Hydrogeologist N/A N/A
N/A
Engineer/Hydrogeologist(T echnical
Specialist) $75 TBD
Responsible for hvdrogeologv related services.
Senior Professional Surveyor/Mapper
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
$90 Leland Burton, P.S.M.
Directs and coordinates planning and
development of assignments. Liaison between
Team and client.
Professional Surveyor/Mapper
$75 Clinton Knobloch, P.S.M.
A registered professional who plans and Brian Kiernan, P.S.M.
conducts work requiring judgment in the
independent evaluation, selection and
substantial adaptation and modifications of
standard techniques, procedures and criteria.
Engineering/Survey Technician
$70 Nan Burton
Using prescribed methods, performs specific Gus Garcia
and limited portions of the broader assignment Deb Pulliam
of an experienced engineer or surveyor. Alex Trovato
Applies standards practices and techniques in
specific situations, adjusts and correlates data,
recognizes discrepancies in results and follows
operations through a series of related detailed
steps or processes.
Senior Field Representative
(professional) $85 John Eason, P.E.
Professional Engineer that visits construction
site to monitor progress and conformance to
engineering plans, specifications and
construction standards.
Survey Crew
$100 TBD
Surveying earth's surfaces to determine
precise location and measurements of points,
elevations, lines, areas, and contours for
construction, mapmaking, land division, titles
or other purposes.
GIS Specialist
$80 David Coleman
This position is responsible for developing $70 Henry Moligevich
ESRI GIS applications. Contributes to
application and geo-database design.
Responsible for application development or
developing components required for GIS
modules. Develops custom GIS interfaces to
external database and application systems,
packages and deploys applications. Tracks
bugs and troubleshoots deployments.
Graphics Specialist
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
N/A N/A N/A
Senior Inspector
$70 Dennis Peterson
Inspects assigned phases of construction work Lynn Tedders
as assigned. Ensures conformance with
specifications. Checks method of construction
where specific methods are stated and
requires action to correct any variance in
methods employed.
GPS Equipment $35 Survey Crew
Senior Administrative Support
$55 Debbie Adachowski
Provide professional secretarial seNices.
Administrative Support
$45 Donna Bollen
Provide professional secretarial services. Debbie Williams
Paraprofessional N/A N/A
N/A
Aerial Photogrammetry N/A N/A
N/A
Computer System Analysis N/A N/A
N/A
Rate Study N/A N/A
N/A
Financial Services N/A N/A
N/A
Instrumentation and Control N/A N/A
Services
N/A
Human Resource Services N/A N/A
N/A
Data Acquisition and Control N/A N/A
Service
N/A
Direct Costs - Mark-up % 10%
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub- 10%
consultants
5
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
ENGINEER VI
$100 Karen Brandon, P.E.
Has full responsibility for interpreting, Thomas McGowan, P.E.
organizing, executing and coordinating David Xavier, P.E.
assignments. Requires professional Brian Fields, P.E.
experience.
ENGINEER V
$95 Shondra Neumeister, P.E.
Applies intensive and diversified knowledge of Thomas Mueller, P.E.
engineering principles and practices in broad John Rich, P.E.
areas of assignment and related fields. Eduardo Balbis, P.E.
Requires professional experience.
ENGINEER IV
$85 John Eason, P.E.
A fully competent engineer in all conventional David Scott, P.E.
aspects of the subject matter of the functional Suzanne Lansford, P.E.
area of the assignments, plans and conducts
work requiring judgment in the independent
evaluation, selection and substantial
adaptation and modifications of engineering
practices. Requires professional experience.
ENGINEER III
$80 Christine Miranda, E.I.
Independently evaluates, selects and applies Eva Velez-Markle, E.I.
standard engineering techniques, procedures, Melanie Straub, E.I.
and criteria, using judgment in making minor
adaptations and modifications.
6
DEC-11-2003 09:23 TEQUESTA AGENCY
CORD CERTIFICAII:;. ur L1,,,u:m...I' I ...__. - .-.... P.01/02
TIl
DUG~R (561) 746-4546 FAX (561)746" 959. lHlS CERTIFICATE " ISSueD AS A IIIATTER OF INFORMATlQN
.. ONLY AND CONFERS NO RIGHTS UpON THE CERTIFICATE
. uesta Agency. Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
218 S. US Hi ghw.. One. Ste 100 AI- TER lHE cOVERAGe AFFOROED BY THE pQUCIE. BELOW.
Tequesta, Fl 33469
t-tolly Laurie
INSuRED LBfH INC. "
INK ENGINEERING, A DIV Of LBFH INC
3550 Corporate Parkway
Palm City, Fl 34990
INSURERS AFFORDING COVERAGE
THE POUCIES 01' INSURANCE I.ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED. NOlWlTHST ANDING
ANY REQUIREMENT. TERM OR CONornON OF ANY CONTRACT OR OTHER DOCUMENT WITH tlESPECT TO WHICH THIS CERTIFICATE MAY BE ISSueD OR
MAY PERTAIN. THE INSURANCE AFFORDED BY Tl-IE POLICIES Di:SCRI8ED HEREIN IS SUaJECT TO A\.L THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATe LIMITS SHOWN MAY HAVE BEEN Recuceo BY PAID CLAIMS,
:I~ n'PE OF INSUltANCe poLICY NUMBER -~,,;r.::.;g~ I PQLJ!;:J EXPIRA N UllITS
OA
~llRAL LJAlllUTY e-134267379 12/29/2002 12/29/2003 eACH OCCURRENCE S 1.000.000
X COMMERCIAl. GENEAAL UA9lL1T'f FIRE DAMAGE IAn~ olll! lira) $ 50,000
I CLAIMS MAce m OCCUR MEO EX!' l"'"~ one pe~"} s 5,000
A PERSONAL & ADV INJURY S 1,000,000
I-- GENeRAL AGGREGATE S 2.000 :000
nAGGREn;~r~;r~ PRoDUCTS - COMPIOP AGO S 2.000.000
I"OLlCY JECT X LOC
~t.1()BIU LJABlLITY (173733191 12/29/2002 12/29/2003 COM91NED SINGU: LIMIT
..!.. ANY AUTO (Ea saddenl) $ 1.000,000
- "I.L OWNED AuTOS BODII. Y INJURY
S
B SCHEDULED AUTOS (per per$OIl)
-
- HIREO AuTOS BODILY INJURY
NON.QWNED AUTOS (Per accillanl) S
-
I-- PROf'lORTY OI\MAGE S
(per ac;cidenl)
;=r'~ AUTO ONLY - !:A ACCIDENT S
/lJoNAuTO oTHER. THAN EA ACC S
AU1'O ONLY: AGG $
EXCE$$ UABILITY 8107373318.8 12/29/2002 12/29/2003 EACH OCCURRENCE S 3.000,00-0
~OCCUf\ D ClAIMS MADE AGGREGA Tf. $ 3,OOO,ootl
A $
~ DEDUCTIBLE S
X RETENTION S 10.00O s
woR/<ERS COMPENSATION AN!) WCC173733207 12/29/2002 12/29/2003 X 1 TORY LIMrrS I IUE~-
~OYeRS' UASlUTY 100.000
C E.L. EACH ACCIDENT S
S.L. DISEASE - EA EMPlOYEE S 100.000
e.l.. DISEASE - I"OLICY LIMIT S 500.()()(J
Pi~SSIONAL 1 lABILITY ~EA004314076 08/20/2003 08/20/2004 $1,000,000 OCCURRENCE
D $2.000,000 AGGREGATE
DESCRIPTION OF OPERATIONSlLOCATlONSNet41CLESlEXCLUSlONS ADDED BOY ENOORSEMENTISF'ECIA1- PROVISIONS
~ENERAL LIABILITY: ADDITIONAL INSURED ENDORSEMENT G-1181S8-A 01/96 APPLIES AS RESPECTS THE CERTIFICATE I
~OLDER - COpy ATTACHED.
CERTIFICATE HOLDER I I ADDlilONAL INSURED; INSURER LETTER: CANCE\..\..ATION
SHOULD ANY OF THE AIlOVe D~SCRlBep POLICIES BE CANCELLED BEFORE: THE
E)(PIRATlON DATE THEREOF. THE ISSUING cOMPANY WILL END~VOR iO MAIl.
CITY OF BOyNTON BEACH --1Q...~ DAYS WRITTEN NOTICE TO iHE CERTIFICATE HOLDER NAMED TO THE LEFT,
UTILITIES DEPARTMENT eUT FAILURE TO MAIL SUCtl NOTICE SHALL IMPOSE NO OBLIGATION OR \-IA81LITV
~l4 EAST WOOLBRIGHT ROAD Of ANY KINO UPON fHE COMPANY,ITS AGENTS OR REPRESENTATIVES.
BOVNTON BEACH. Fl 33435 AUTHORIZED REPRESENTATIVE ~o.-.-t~
ACORD 25-S (7/97) Mark Kasten/HOLLY
INSIJRER 0:
INsuRER E:
Transportation Insurance Co.
American Casualty Company
Transcontinental Insurance Co.
Continental Casualty company
INSURER A:
INSURER B:
INSURER C:
COVERAGES
@lACORD CORPORATION 198
b~bc
CONSULTING CIVIL
ENGINEERS, SURVEYORS
& MAPPERS
D 2222 Colonial Road, Suite 201
Fort Pierce, FL 34950
(561) 461-2450
Fax (561) 465-1225
D 421 NW. 3rd Street
Okeechobee, FL 34972
(941) 763-8999
Fax (941) 763-6692
[gI 3550 S. W. Corporate
Parkway
Palm City, FL 34990
(561) 286-3883
Fax (561) 286-3925
D 2090 Palm Beach Lakes Blvd.
Suite 600
West Palm Beach, FL 33409
(561) 684-3375
Fax (561) 689-8531
Visit us on the web
at www.lbfh.com
Letter of
Transmittal
To:
Barbara Conboy
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, Florida 33435
Date: 12-12-03
AFS#: 03-0399
RE: Signed Agreement for General Consulting and Engineering Services
We are sending you: I:8J Attached 0 Under separate cover via _ the following items:
o Shop Drawings D Prints D Plans D Samples I:8J Specifications
D Copy of Letter D Change Order D Other
mmC?~pi~~m 0 00 mm~~"~ 0 m oomm 0000000000000.000.00.0000 ommmmmmm 00 ooooooooo.o~escription
1 Signed Agreement
These are transmitted as checked below:
D For your approval.
D For your use.
X As requested.
o For review and comment.
o For bids due:
D Approved as submitted. D Resubmit _ copies for approval.
D Approved as noted. D Submit _ copies for distribution.
D Returned for correction. D Return _ corrected prints.
D Prints returned after loan to us.
D
Remarks:
Barbara,
Please see the attached signed agreement for general consulting and engineering
services.
Thanks,
David McNabb
Copy to:
S;gned'\J j] ~ 1M
File
David McNabb, P.G.
Partners For Results-Value By Design
The City of
Boynton Beach
ct
Utilities Department
/24 E. Woolbright Road
Boynton Beach, Florida 33435
Phone (56/) 742-645/
FAX: (56/)742-6298
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 15, 2003
RE: 2 Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C
D t
N
D
t
oples ae o. escnptlon
1 Original Agreement - Lawson, Noble &
Webb, Inc.
1 Proof of Insurance
REMARKS: Please file accordingly.
.' '-.:-../
:or .'1 \ll
i'/I""',,,...:/TON BEAer!
, \.;. ::;,(/~ 1'11'.';-"" 'II
. 'v . ',- iL!~'"
C 3 DEe J 6 Alii 1: a / ~
CC: Procurement Services
Karen Riseley
SIGNED:_~(L~ f-J- /'503
;{'o 3-/~~
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Lawson. Noble & Webb. Inc., hereinafter referred to as "Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on NolJ. 1(' , 2003, accepted the City
Administration's recommendation and designated Consultant as one of 15 qualified consulting
firms for Scope C to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-I
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms
for Scope C which will be assigned projects listed on Exhibit "A" and that the City has made
no representation or promise regarding which projects or the number of projects that will be
assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services-shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of$I,OOO,OOO. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON- WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
~A~0/1JoIbLE ~/(JC
420 CtJIUMt?/tj thve -:7dl-f-e I fa
UJed ~Im tZaci1) PI 234t;g
,Lt. -fA" Vf
INTEGRA TED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DA TED this ~ day of
Novem be.r
,20~.
CITY OF BOYNTON BEACH
~h
Kurt Bressner, City Manager
C{}j;-& ~ CUJ--e ftb-
Con ant
Attest! Authenticated:
Via: I9-LS"jC~t
Title
(Corporate Seal)
Attest! Authenticated:
7f!aJtetev ,~,~~
t'etary
Rev. 04/08/03
CA-6
EXHIBIT A
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
· Water Main Replacement
· Interconnections
· Sanitary Sewer Line, Repair, Rehabilitation, Replacement
· Inflow & Infiltration Studies/Repair
· Wastewater Pump Station RehabilitationlExpansion & Analysis
· Pump SizinglExpansionlImprovements
· Stormwater Management
· Swale and Drainage Development!Improvements
· Outfalls
· Roadway and Transportation
· Neighborhood Improvements
· Lighting
· Sidewalks
· Park Amenities
· Other Related services
2 I
EXHIBIT B
Classification Hourly Rate Employees Identified
Project Director (Principal) $125 Robert W. Lawson, P.E.
31 Years Experience in Engineering
Responsible for Quality Control Reviews.
Client Service Manager N/A
Senior Project Manager - 20 years $1 IO Henry W. Deibel Jr. P.E.
experience as Professional Engineer in
responsible charge for the oversight of
planning, design and construction of
projects and staff supervision.
Responsibilities include client
communications, proposal preparation,
manpower budgeting and projections,
project scheduling, project profitability
and regular updates to client on project
status.
Project Engineer - 21 years experience $90 Steven Colbath P.E.
as Professional Engineer responsible for Robert A. McSorley P.E.
design, plan preparation, specifications
and pennitting of water/wastewater and
drainage improvement projects.
Responsibilities also include oversight of
field inspector activities and daily reports,
pay request approvals, along with shop
drawing reviews and approvals and final
certification documents.
Scientist N/A
Senior Designer N/A
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA nON WHERE AN HOURLY RATE IS ASSIGNED
T:\Admin\LibbeY\The City of Boynton Beach Contract Rates. doc
Page I of5
EXHIBIT B
Designer - 11 Years experience in $65 Bonnie Fazio
providing CADD support and preparation
of construction drawings under the
supervision of a professional engineer.
Senior EngineerIHydrogeologist N/A
Engineer/Hydrogeologist(T echnical N/A
Specialist)
Senior Professional SurveyorlMapper $110 Perry C. White, PSM
- 24 Years experience as a Professional
Surveyor. Responsible for the oversight
of all major boundary, topographic and
design surveys. Responsibilities also
include quality assurance reviews,
manpower projections and job-costing of
all phases of survey operations.
T:\Admin\Libbey\The City of Boynton Beach Contract Rates.doc
Page 2 of5
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Professional SurveyorlMapper _ 27 $100 Wilbur Divine, PSM
Years experience as a Professional
Surveyor. Responsibilities include field
crew personnel scheduling and
coordination and daily review of field
data collection.
Engineering/Survey Technician - 18 $65 Bruce Johnson
years experience perfonning under the Lynn Slaughter
direction of a registered engineer and/or
surveyor to assist in the preparation of
base maps and construction plan
documents and details.
Senior Field Representative NIA
(Professional)
Survey Crew - Our party chiefhas over $95 (2 man) Anthony McLemore P.S.M.(Party
32 years experience in collection offield $115 (3 man) Chief)
data for boundmy, topographic and Richard Darville (Instrument Person)
design survey projects to support Lany Martinez (Rod Person)
en~ineerin~ designs.
GIS Specialist NIA
Graphics Specialist N/A
Senior Inspector - 28 years of $65 Dennis Horton
experience on all activities related to David McKenzie
project construction contract
administration including shop drawing
process, field observations, reports
change orders and pay requests. Also
responsible for the construction
coordination process with emphasis on
efficiency, Quality assurance and rapid
T:\Admin\LibbeY\The City of Boynton Beach Contract Rates.doc
Page 3 of5
EXHIBIT B
coordination process with emphasis on
efficiency, quality assurance and rapid
project close-out. Also responsible for
coordinating with govenunental agencies
re uirin 'oint ins ection activities.
GPS Equipment - Hourly price for $70
equipment only. Does not include
personnel
Senior Administrative Support N/ A
Administrative Support - With 8 years $40
experience responsibilities include word
processing and pennit preparation,
applications, and fmal certifications.
Maintains records of active project permit
and certification status, together with
keeping current with agency fees and
ermit acka e re uirements.
Jody Justice
a, IAdminlMacketinglPmposa),1 WPB\200JIRFP,IAOJ Bnynton Engineering 6-17-031 The City of Boynton
Beach Contract Rates.doc
Page 4 of 5
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Aerial Photogrammetry N/A
Computer System Analysis N/A
Rate Study N/A
Financial Services N/A
Instrumentation and Control Services N/A
I
Human Resource Services N/A
Data Acquisition and Control Services N/A
Direct Costs - Mark-up % 10%
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub- 10%
Consultants
T\Admin\LibbeY\The City of Boynton Beach Contract Rates.doc
Page 5 of5
MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER
SEA-000714557 -02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
1225 17TH STREET, SUITE 2100 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL TER THE COVERAGE
DENVER, CO 80202-5534 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
Altn: STEVE WILSON 303-308-4569 COMPANIES AFFORDING COVERAGE
COMPANY
P3320 -01234-1M-LNW W.PAL A GREENWICH INSURANCE COMPANY
INSURED COMPANY
LAWSON, NOBLE & WEBB, INC. B XL SPECIALTY INSURANCE COMPANY
ATTN: CHANDRA DOWNEY
630 PLAZA DRIVE, SUITE 200 COMPANY
HIGHLANDS RANCH, CO 80129-2377 C
COMPANY
0
COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DD/YY) DATE (MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
I---
A X COMMERCIAL GENERAL LIABILITY GEC001076101 08/16/03 01/01/04 PRODUCTS - COMP/oP AGG $ 2,000,000
I--- P CLAIMS MADE 0 OCCUR $
PERSONAL & ADV INJURY 1,000,000
r--
I--- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
I FIRE DAMAGE (Anyone fire) $ 1,000,000
MED EXP (Anyone person) $ 10,000
AUTOMOBILE LIABILITY $ 1,000,000
I-- COMBINED SINGLE LIMIT
A X ANY AUTO AEC001075801 08/16/03 01/01/04
I--
A ALL OWNED AUTOS AEC001104701 (TX) 08/16/03 01/01/04 BODIL Y INJURY $
I-- (Per person)
r--- SCHEDULED AUTOS
HIRED AUTOS I BODILY INJ URY $
r-- (Per accident)
NON-OWNED AUTOS
r--
I-- PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
r--
I-- ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
r--
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
R UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND I WC STATU- I IOJ_H-
EMPLOYERS' LIABILITY X TORY LIMITS ER
B WEC001076001 08/16/03 01/01/04 EL EACH ACCIDENT $ 1,000,000
THE PROPRIETOR/ JI=I INCL EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000
IOIHER
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
RE: CONSULTING AND GENERAL ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH, UTILITY DEPARTMENT; RFQ NO.
065-2821-03/CJD; SCOPE C: INFRASTRUCTURE IMPROVEMENTS; DESIGN SERVICES, PERMITTING, BIDDING SERVICES, CONSTRUCTION
ADMINISTRATION, AND ALL MISCELLANEOUS SERVICES FOR THE AREAS OF STROMWATER, PUBLIC DRINKING WATER, WASTEWATER
COLLECTION AND TRANSMISSION.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POliCIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ...-30. DAYS WRIITEN NOTICE TO THE
THE CITY OF BOYNTON BEACH CERTIFICATE HOlDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBliGATION OR
(UTILITIES DEPARTMENT)
124 EAST WOOLBRIGHT ROAD LL'lBILlTY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE
BOYNTON BEACH, FL 33435 ISSUER OF THIS CERTIFICATE.
MARSH USA INC.
BY: Dorothy A. Stevens ~4. ~ '....
MM1(3/02) VALID AS OF: 12/11/03
ADDITIONAL INFORMATION
MARSH USA INC.
1225 17TH STREET, SUITE 2100
DENVER, CO 80202-5534
Attn: STEVE WILSON 303-308-4569
DATE (MM/DD/YY)
SEA-D00714557-02 12/11/03
COMPANIES AFFORDING COVERAGE
PRODUCER
COMPANY
E
33320 -01234-1M-LNW
W.PAL
COMPANY
F
INSURED
LAWSON, NOBLE & WEBB, INC.
ATTN: CHANDRA DOWNEY
630 PlAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 80129-2377
COMPANY
G
COMPANY
H
TEXT
CONTINUED FROM DESCRIPTION SECTION:
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE GENERAL AND AUTOMOBILE LIABILITY
AS PER BLANKET ENDORSEMENTS ON POLICIES.
CERTIFICATE HOLDER
THE CITY OF BOYNTON BEACH
(UTILITIES DEPARTMENT)
124 EAST WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
Page
MARSH USA INC. BY
Dorothy A. Stevens ~ 4. M- .....
Marsh USA Inc.
12/11/03
8:56:
PAGE
1/3
RightFAX
Facsimile Transmit1a1 Sheet
MARSH
An MIll: Comp;lny
Jfrom:
Lisa Rudduck
To:
1HE CITY OF BOYNmN BEACH
Phone:
Fax:
561-742-6298
Date:
ll-Dec-03
Attention:
Time:
08:56 AM
Company:
Message:
The InformatIon contl11ned In thIS facSImIle message IS confidentzal, may be prIVIleged, and IS Intended for the use of the IndzVIdual or enhty named above. If
you, the reader ofthts message, are not the Intended rectpient, the agen~ or employee responsIble for delivenng thIS Informahon to the Intended reczpzen~ you
are expressly prohIbIted from copyIng, dISSemInatIng, dIstnbutlng, or In any other way USIng any o{the InformatIon contaIned In thIS facSImIle message.
Marsh USA Inc.
12/11/03
8:56:
PAGE
2/3
RightFAX
20 -oOOOS-LNW1M_
CERTIFICATE NUMBER
SEA-000714563-o2
TIllS CERTFICATE IS ISSUED AS A MAmR OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON TIlE CERTIFICATE HQ.DER OTIIER THAN TIIOSE PROVIDED IN TIlE
POLICY. TIllS CERTFICATE DOES NOT AMEND, EXTEND OR ALTER TIlE COVERAGE
AFFORDED BY TIlE POLICE S DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
Ca.\PNlY
PRODUCER
MARSH USA INC.
122517TH STREET, SUITE 2100
DENVER, CO 80202-5534
Attn: STEVE 'MLSON 303-308-4569
W.PAL
A
INDIAN HARBOR INSURANCE COMPANY
INSURED
LA\NSON, NOBLE & 'M::BB, INC.
A TIN: CHANDRA DOWNEY
630 PLAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 80129-2377
Ca.\PNlY
B
Ca.\PNlY
C
Ca.\PNlY
o
THIS IS TO CERTIFY THAT PQIOES OF INaJRANCE DESCRIBBJ HER8N HA~ BEEN ISSlJBJ TO THE INSJRED NN.lED HEREIN FOR THE PQICY PERIOD INDICATED
NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITlO< OF ANY CONTRACT OR OTHER DOQJMENT 'IIHH RES"ECT TO 'M-IIQ; THE CERTIFICATE MAY BE ISSlJED OR MAY
PERTAIN, THE INaJRANCE AFFORDED BY THE POUOES DESCRIBBJ HER8N ISaJBJECT TO IU THE TERMS, CONDrnONS AND EXo.USONS OF aJQ; POLlOES AGGREGATE
LIMITS s-iOl/,!ll MAY HA~ BEEN RBJUCED BY PAID o.AlMS
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE PQ.ICY EXPIRATION
DATE (MMIDDIYY) DATE (MMIDDIYY)
L1M ITS
GE NERAL UABILllY
COMMEROIL GENERAL LIABILITY
O.AlMSMNJE D OCOJR
CMNER'S & CO<TRACTOR'S PROT
PFRSJNAI & IIrlVINJURY
$
PRODUCTS-Ca.\p/OP AGG $
$
$
$
$
$
GENERAL AGGREGATE
EAQ; OCOJRRENCE
AUTOMOBLE LIABIUlY
FIRE DAMAGE (My one nre)
MBJ EXP (My O'le p..."",,)
NlY AUTO
ILL CMNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NO<-Cl\I\/NFD AUTOS
CCI'vIBINED SNGLE LIMIT
BOrJII Y INJ.1RY
(P", pason)
$
BODIL Y I N..lJRY
(P"'acddent)
$
GARAGE LlABlLllY
PROPERTY DJlMAGE $
THE PROPRIETORI
PARTNERSEJ<EOJl1~
OFFICERS ARE
CLAIMS-MADE
A PROFESSIONAL L1ABILlIY
AND CONTRACTORS
POLLUTION L1ABILlIY
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPEClALITEMS
RE: CONSULTING AND GENERAL ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH, UTILITY DEPARTMENT; RFQ NO.
065-2821-o3ICJD; SCOPE C: INFRASTRUCTURE IMPROVEMENTS; DESIGN SERVICES, PERMITTING, BIDDING SERVICES, CONSTRUCTION
ADMINISTRATION, AND ALL MISCELLANEOUS SERVICES FOR THE AREAS OF STROMWATER, PUBLIC DRINKING WATER, WASTEWATER
COLLECTION AND TRANSMISSION.
INo.
.....lTO ONI Y - FA ACaDENT
OTHER THAN AUTO ONLY
EACH ACODENT
A(',GREGATE
EACH OCOJRRENCE
AGGREGATE
NlY AUTO
EXCESS LlABlLllY
UMEfiELL A FORM
OTHER THAN UMBRELLA FORM
EMPLOYERS'LIABILITY
EXo.
EL DIS"'AS:'-PQICY LIMIT
EL DIS"'AS:'-EACH EMPLOYEE $
PECOOO8763-02
08/16103
01/01/04
PER OCCURRENCE
$1,000,000
THE CITY OF BOYNTON BEACH
(UTILITIES DEPARTMEN1)
124 EAST \iVOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
SHOU.D AHr OF TI'E POllOES DESCRIBED HEREIN BE CANCalED BEFORE TI'E EXPIRATION DATE' TlERECF.
TIE INSUlER AFFORDING COIIERA~ 1Mll EI>llEAIIOR TO ....,L --3ll DAYS WllITTE'N NOTICE TO TI'E
CERTIFICA.TE HO...DER Nll.M:D f-ERE1N, em- FAIU..RE TO tM.1L SJCH NOTiCE SiAlllf.FOS: NO OBlI~T!a.1 CR
UABllITY OF ANY /(11l[) UPONTI-E IN.SJiER AFFORDING CCWERAGE, ITS AGENTS OR REF'RESENrATI\leS OR THE
._~'-.'._._..~_..W_..w_..w__.,
2/11 /03
Marsh USA Inc.
12/11/03
8:56: PAGE 3/3
RightFAX
PROI'''--R
MARSH USA INC.
122517TH STREET, SUITE 2100
DENVER, CO 80202-5534
Attn: STEVE WILSON 303-308-4569
COItlP/>NY
DATE (MMIDDfYY)
...;~I!YQ:3....
COMPANIES AFFORDING COVERAGE
E
33320 -OOOO5-lNW1M.
WPAL
COMPANY
F
INaJRED
LAWSON, NOBLE & WEBB, INC.
ATTN: CHANDRA DO\IIJNEY
630 PLAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 80129-2377
COItlP/>NY
G
COVIP/>NY
H
CONTINUED FROM DESCRIPTION SECTION:
FOR PROFESSIONAlllABllIlY COVERAGE, TIiE AGGREGATE LIMIT IS TIiE TOT AllNSURANCE AVAILABLE FOR CLAIMS PRESENTED ""TIiIN
TIiE POLICY PERIOD FOR All OPERA TlONS OF TIiE INSURED. TIiE lIMITWlll BE REDUCED BY PAYM ENTS OF INDEM NllY AND EXPENSE
THE CIIY OF BOYNTON BEACH
(UTILITIES DEPARTMENT)
124 EAST II\OOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
MARSH USA INC. BY
Dorothy A. Stevens ~" 4. ..(t<J ''10M
. .....--.--..-..-..-..
MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER
SEA-000714557 -02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
1225 17TH STREET, SUITE 2100 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
DENVER, CO 80202-5534 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
Attn: STEVE WILSON 303-308-4569 COMPANIES AFFORDING COVERAGE
COMPANY
3320 -01234-1M-LNW W.PAL A GREENWICH INSURANCE COMPANY
INSURED COMPANY
LAWSON, NOBLE & WEBB, INC. B XL SPECIALTY INSURANCE COMPANY
ATTN: CHANDRA DOWNEY
630 PLAZA DRIVE, SUITE 200 COMPANY
HIGHLANDS RANCH, CO 80129-2377 C
COMPANY
D
COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DD/YY) DATE (MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
-
A X COMMERCIAL GENERAL LIABILITY GEC001076101 08/16/03 01/01/04 PRODUCTS - COMP/OP AGG $ 2,000,000
- :=J CLAIMS MADE [8] OCCUR
PERSONAL & ADV INJURY $ 1,000,000
- $ 1,000,000
- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE
FIRE DAMAGE (Anyone fire) $ 1,000,000
MED EXP (Anyone person) $ 10,000
AUTOMOBILE LIABILITY $ 1,000,000
- COMBINED SINGLE LIMIT
A X ANY AUTO AEC001075801 08/16/03 01/01/04
-
A ALL OWNED AUTOS AEC001104701 (TX) 08/16/03 01/01/04 BODILY INJURY $
- (Per person)
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY $
(Per accident)
- NON-OWNED AUTOS
- PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
-
- ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
-
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
~ UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND I "YS;.S!f'TU- I 10 H-
EMPLOYERS' LIABILITY X TORY LIMITS ER
B WEC001076001 08/16/03 01/01/04 EL EACH ACCIDENT $ 1,000,000
THE PROPRIETOR/ ~INCL EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERS/EXECUTIVE $
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE 1,000,000
OTHER
DESCRIPTION OF OPERATlONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
RE: CONSULTING AND GENERAL ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH, UTILITY DEPARTMENT; RFQ NO.
065-2821-03/CJD; SCOPE C: INFRASTRUCTURE IMPROVEMENTS; DESIGN SERVICES, PERMITTING, BIDDING SERVICES, CONSTRUCTION
ADMINISTRATION, AND ALL MISCELLANEOUS SERVICES FOR THE AREAS OF STROMWATER, PUBLIC DRINKING WATER, WASTEWATER
COLLECTION AND TRANSMISSION.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -----30- DAYS WRITTEN NOTICE TO THE
THE CITY OF BOYNTON BEACH CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAil SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
(UTILITIES DEPARTMENT)
124 EAST WOOLBRIGHT ROAD LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE
BOYNTON BEACH, FL 33435 ISSUER OF THIS CERTIFICATE.
MARSH USA INC.
BY: Dorothy A. Stevens ~ "'*'" 4- t44.....
-
MM1(3/02) VALID AS OF: 12/11/03
PRODUCER
MARSH USA INC.
1225 17TH STREET, SUITE 2100
DENVER, CO 80202-5534
Attn: STEVE WILSON 303-308-4569
DATE (MM/DD/YY)
SEA-000714557-02 12/11/03
COMPANIES AFFORDING COVERAGE
ADDITIONAL INFORMATION
COMPANY
E
COMPANY
F
33320 -01234-1M-LNW
W.PAL
INSURED
LAWSON, NOBLE & WEBB, INC.
ATTN: CHANDRA DOWNEY
630 PLAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 80129-2377
COMPANY
G
COMPANY
H
TEXT
CONTINUED FROM DESCRIPTION SECTION:
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE GENERAL AND AUTOMOBILE LIABILITY
AS PER BLANKET ENDORSEMENTS ON POLICIES.
CERTIFICATE HOLDER
THE CITY OF BOYNTON BEACH
(UTILITIES DEPARTMENT)
124 EAST WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
MARSH USA INC. BY
Dorothy A. Stevens .a,............. 4. .. .....
Pace
Marsh USA Inc.
12/11/03
8:56:
PAGE
1/3
RightFAX
Facsimile Transmiftal Sheet
MARSH
An "Company
From:
Lisa Rudduck
To:
TIlE CITY OF BOYNIDN BEACH
Phone:
Fax:
561-742-6298
Date:
11- Dec-03
Attention:
Time:
08:56 AM
Company:
Message:
The mformation contained m this facsImile message is confidentla~ may be priVIleged, and IS mtended for the use of the mdlVldual or entity named abUl1e. If
you, the reader of this message, are not the mtended reCIpient, the agent, or employee responsIble for dell\1ermg thIS Information to the Intended recipient, you
are expressly prohlbltedfrom copymg, dlssemInatmg, dlstributmg, or m any other way uSIng a~ of the InformatlO/1 contamed m thIs facsImile message.
Marsh USA Inc.
12/11/03
8:56:
PAGE
2/3
RightFAX
PRODUCER
MARSH USA INC.
1225 17TH STREET, SUITE 21 00
DENVER, CO 80202-5534
Attn: STEVE VVlLSON 303-308-4569
CER11FICATE NUMBER
S EA-000714563-02
lHlS CERTFICATE IS ISSUED AS A MATTER OF INFORMA11ON ONLY AND CONFERS
NO RIGHTS UPON lHE CER11FICATE HQ.DER OlHER THAN lHOSE PROVIDED" lHE
POLICY. lHlS CERTFICATE DOES NOT AMEND. EXTEND OR ALTER lHE COVERAGE
jlfFORDED BY lHE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
CQI,1P,lNY
20 -OOOO5-l.NW1 M-
W.PAL
A
INDIAN HARBOR INSURANCE COMPANY
"SURED
LAVlJSON, NOBLE & WEBB, INC.
A TIN: CHANDRA DOVVNEY
630 PLAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 80129-2377
CCMP ,lNY
B
CCMP ,lNY
C
CCMP,lNY
D
THIS IS TO CERTIFY THAT PQJOES OF IN9JRANCE DESCRIBED HERE3N HAVE BEEN ISSUED TO THE INSJRED NNoolED HEREIN FOR THE PO-ICY PERIOD INDICATED
NOTWTHSTANDING ANY REQUIREMENT. TERM OR GONDmCN OF ANY CONTRACT OR OTHER DOGUMENTWTH RESPECT TO 'M-IICH THE CERTIFICATE MAY BE ISSUED OR MAY
A':RTAlN, THE INSJRANCE AFFORDED BY THE POLlOES DESCRIBED HERE3N IS9JeJECT TO IU THE TERMS, CONDITIONS AND EXo.USONS CF 9JCH POLlOES AGGREGATE
L1MITS~O_ MAY HAVE BEEN REDUCED BY P,ljD o.AlMS
CO
lTR
lYPE OF INSURANCE
POLICY NUM BER
POLlCYEFFEC11VE PQ.ICY EXPIRATION
DATE (IIMIDDIYY) DATE (IIMIDDIYY)
A1JTOMOIlLE lIABILITY
LIM ITS
GENERAL AGGREGATE $
PRODUCTS - CCMPKlP AGG $
PFRSJN,Ij & IIDVINJURY $
EACH OCOJRRENCE $
FIRE DAMAGE (Any one~re) $
$
GeMBI NED S NGlE LIMIT $
80DIL Y I N-1.IRY $
(Per p...son)
8ODILYIN-1.IRY $
(Per accident)
PROPERTY DNoolAGE $
GENERAL LIABILITY
COMMEROIL GENERAl LIABILITY
o.AlMSMNlE D OCQJR
OI'<NER'S & CCNTRACTOR'S PROT
,lNY AUTO
"'- L OI'<NED AUTOS
1O-IEDULED AUTOS
HIRED AUTOS
NCN-Ov.NED AUTOS
GARAGE LIABILITY
INo.
AlITOONIY-FAACODENT $
OTHER THAN AUTO ONLY
EACH ACODENT
AGGREGATE
EACH OCQJRRENCE
AGGREGATE
,lNY AUTO
EXCESS LIABILITY
UMBRELLA FCRM
EMPLOYERS' LIABILITY
THE PROPRIETORI
P ARTNERS'EXEQJTI VE
CFFI GERS ARE'
CLAIMS-MADE
A PROFESSIONAL L1ABILllY
AND CONTRACTORS
POLLUTION L1ABILllY
DESCRI'TION OF OPERATIONSllOCA110NSlVEHICLESISPEClAl.ITEMS
RE: CONSULTING AND GENERAL ENGINEERING SERVICES FOR THE CllY OF BOYNTON BEACH, UTlLllY DEPARTMENT; RFQ NO.
065-2821-03ICJD; SCOPE C: INFRAS1RUCTURE IMPROVEMENTS; DESIGN SERVICES, PERMITTING, BIDDING SERVICES, CONS1RUCTlON
ADMINIS1RATION, AND ALL MISCELLANEOUS SERVICES FOR THE AREAS OF STROMWATER, PUBLIC DRINKING WATER, VVASTEWATER
COLLECTION AND TRANSMISSION.
EL DISEASE.pO,ICY LIMIT
EXo.
EL DISEASE-EACH EMPLOYEE
PECOOO8763-02
08/16/03
01/01/04
PER OCCURRENCE
$1,000,000
THE CllY OF BOYNTON BEACH
(UTILITIES DEPARTMENl)
124 EAST VVOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
SHOl.LO ANY OF TtE POlIOES DESCRIBED t-EREJN BE CANCeLLED BEFORE TtE EXPIRATlON DATE llERECF,
THE INs..RER AFFORDING COIERACE WLL EI"DEAVCA TO flMlL --30 DAYS VltRITrEN NOTIa: TO TtE
CERTIFICATE HO...DER N'\M::D f-EREIN. BlIT FAILlRE TO MltlL 9JCI-I NOTICE ~Lllt.PO~ NO OBLlGltT1<Jr\1 ~
LIABILITY OF ~p.r( KIN) l..FON nE INs..fiER AFFORDING C<NERAGE. ITS AGENTS OR REPRE5ENTATI~S, OR nE
ISSUER OF THSCEFtTlFICATE
MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER
SEA-000714557-02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
122517TH STREET, SUITE 2100 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
DENVER, CO 80202-5534 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
Attn: STEVE WILSON 303-308-4569 COMPANIES AFFORDING COVERAGE
COMPANY
B3320 -01234-1 M-LNW W.PAL A GREENWICH INSURANCE COMPANY
INSURED COMPANY
LAWSON, NOBLE & WEBB, INC. B XL SPECIALTY INSURANCE COMPANY
A1TN: CHANDRA DOWNEY
630 PLAZA DRIVE, SUITE 200 COMPANY
HIGHLANDS RANCH, CO 80129-2377 C
COMPANY
0
COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDmONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DD/YY) DATE (MMIDD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
-
A X COMMERCIAL GENERAL LIABILITY GEC001076101 08/16/03 01/01/04 PRODUCTS - COM PlOP AGG $ 2,000,000
- =:J CLAIMS MADE 0 OCCUR
- PERSONAL & ADV INJURY $ 1,000,000
- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Anyone fire) $ 1,000,000
MED EXP (Anyone person) $ 10,000
AUTOMOBILE LIABILITY $ 1,000,000
- COMBINED SINGLE LIMIT
A X ANY AUTO AEC001075801 08/16/03 01/01/04
-
A ALL OWNED AUTOS AEC001104701 (TX) 08/16/03 01/01/04 BODILY INJURY $
- (Per person)
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY $
(Per accident)
- NON-OW NED AUTOS
- PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
-
- ANY AUTO OTHER THAN AUTO ONLY:
- EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
=1 UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND X I T~21~~Ns I IOTH-
EMPLOYERS' LIABILITY ER
B WEC001076001 08/16/03 01/01/04 EL EACH ACCIDENT $ 1,000,000
THE PROPRIETOR/ ~INCL EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS
RE: CONSULTING AND GENERAL ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH, UTILITY DEPARTMENT; RFQ NO.
065-2821-03/CJD; SCOPE C: INFRASTRUCTURE IMPROVEMENTS; DESIGN SERVICES, PERMITTING, BIDDING SERVICES, CONSTRUCTION
ADMINISTRATION, AND ALL MISCELLANEOUS SERVICES FOR THE AREAS OF STROMWATER, PUBLIC DRINKING WATER, WASTEWATER
COLLECTION AND TRANSMISSION.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCElLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ___-30.. DAYS WRITTEN NOTICE TO THE
THE CITY OF BOYNTON BEACH CERTIFICATE H<X..OER NAMED HEREIN, BUT FAilURE TO MAIL SUa1 NOTICE SHALL IMPOSE NO OBlIGATlON OR
(UTILITIES DEPARTMENT)
124 EAST WOOLBRIGHT ROAD LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. OR THE
BOYNTON BEACH, FL 33435 ISSUER OF THIS CERllFICATE.
MARSH USA INC.
BY: Dorothy A. Stevens k --., 4- ......
-
MM1(3/02) VALID AS OF: 12/11/03
PRODUCER
DATE (MM/DD/YY)
SEA-000714557-02 12/11/03
COMPANIES AFFORDING COVERAGE
ADDITIONAL INFORMATION
MARSH USA INC.
1225 17TH STREET, SUITE 2100
DENVER, CO 80202-5534
Attn: STEVE WILSON 303-308-4569
COMPANY
E
COMPANY
F
33320 -01234-1 M-LNW
INSURED
W.PAL
LAWSON, NOBLE & WEBB, INC.
AlTN: CHANDRA DOWNEY
630 PLAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 80129-2377
COMPANY
G
COMPANY
H
TEXT
CONTINUED FROM DESCRIPTION SECTION:
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE GENERAL AND AUTOMOBILE LIABILITY
AS PER BLANKET ENDORSEMENTS ON POLICIES.
CERTIFICATE HOLDER
THE CITY OF BOYNTON BEACH
(UTILITIES DEPARTMENT)
124 EAST WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
MARSH USA INC. BY
Dorothy A. Stevens .tr..--., 4. A......
Paae
Marsh USA Inc.
12/11/03
8:56:
PAGE
1/3
RightFAX
Facsimile Transmit1a1 Sheet
MARSH
An lUll: ComJlilny
From:
Lisa Rudduck
To:
THE CI1Y OF BOYNlUN BEACH
Phone:
Fax:
561-742-6298
Date:
ll-Dec-03
Attention:
Time:
08:56 AM
Company:
Message:
The informatlan contained In thIS facsImile message IS corfidentwl, may be priVIleged, and IS Intended for the use of the IndNldual or entity named above. If
you, the reader ofttns message, are not the intended reCipIent, the agent, or employee responsIble for delIverIng thIS Information to the Intended reclprent, you
are expressly prohrbltedfrom copying, dissemInatIng, drStributlng, or In any other way USIng any of the Information contaIned In thIS facsImIle message.
Marsh USA Inc.
12/11/03
8:56:
PAGE
2/3
RightFAX
PRODUCER
MARSH USA INC.
122517TH STREET, SUITE 2100
DENVER, CO 80202-5534
Attn: STEVE \I\IILSON 303-308-4569
CERTIFICATE NUMBER
S EA-000714563~2
TltIS CERTFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON TltE CERTIFICATE HOLDER OTltER THAN TltOSE PROVIDED IN TltE
POLICY. TltIS CERlFlCATE DOES NOT AMEND, EXTEND OR ALTER TltE COVERAGE
,llfFORDED BY TltE POLICES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
C~P~Y
20 ~OOO~NW1M-
W.PAL
A
INDIAN HARBOR INSURANCE COMPANY
INSURED
LAV\lSON, NOBLE & VllEBB, INC.
ATIN: CHANDRA DOWNEY
630 PLAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 80129-2377
C~P~Y
B
CXlI.1 P !'Ny
C
CXlI.1P!'NY
D
THIS IS TO CERTIFY THAT PQJOES OF INSJRANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSJRED NJY.1ED HEREIN FOR THE PQICY PERIOD INDICATED
NGrWTHsrANDING ANY REQUIREMENT, TERM OR CONDITIOII OF ANY CONTRACT OR aTHER DOCUMENT V\IITH RESPEcr TOVIII-Ila-l THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSJRANCE AFFORDED BY THE POUOES DESCRIBED HEREIN ISSJeJEcr TO ILL THE TERMS, CONDITIONS AND EXQUSONS CF SJa-I POLlOES AGGREGATE
L1MITS~O_ MAY HAVE BEEN REDUCED BY PJljD QAlMS
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (IIMIDD/YV) DATE (IIMIDD/YV)
LIMITS
GENERAL LIABILITY
COMMEROIL GENERAL LIABILITY
QAlMSMKlE D OCaJR
OJI/NER'S & COIITRAcrOR'S PRaT
$
PRODUcrS-C~PKlP AGG $
$
$
$
$
$
CXlI.1BINED SNGLE LIMIT
GENERAL AGGREGATE
PERSJNJIj. & ADVINJURY
EAa-I OCaJRRENCE
FIRE DAMAGE (Anyone~re)
MED EXP (Any "'e p,...on)
AlITOMOIlLE LIABILITY
~Y A/JTO
jOt L OJI/NED AUTOS
s::HEDULED AUTOS
HIRED AUTOS
NOII-O'IIINED AUTOS
RODII YIN..lIRY
(Per pO''''''')
$
BODILYIN.lJRY
(Per accident)
$
PROPERTY DJY.1AGE $
THE PROPRIETORI
PARTNERS'EXEaJTlVE
CFFICERS ARE-
CLAIMS-MADE
A PROFESSIONAL L1ABILllY
AND CONTRACTORS
POLLUTION L1ABILllY
DESCRPTION OF OPERATIONSlLOCATlONSIVEHICLESlSPECIJIL ITEMS
RE: CONSULTING AND GENERAL ENGINEERING SERVICES FOR THE CI1Y OF BOYNTON BEACH, UTlLl1Y DEPARTMENT; RFQ NO.
065-2821~3/CJD; SCOPE C: INFRASTRUCTURE IMPROVEMENTS; DESIGN SERVICES, PERMITTING, BIDDING SERVICES, CONSTRUCTION
ADMINISTRATION, AND ALL MISCELLANEOUS SERVICES FOR THE AREAS OF STROMWATER, PUBLIC DRINKING WATER, WASTEWATER
COLLECTION AND TRANSMISSION.
INQ
.'(JTOONI Y -EAACODENT
aTHER THAN AUTO ONLY
GARAGE LIABILITY
~YAUTO
EXCESS LIABILITY
UMBRELLA FCRM
EAa-I OCCURRENCE
AGGREGATE
EMPLOYERS" LIABILITY
EL DISEAs::-PQICY LIMIT
EXQ
EL DISEASE-EACH EMPLOYEE
PECOOO8763-02
08/16103
01/01/04
PER OCCURRENCE
$1,000,000
THE CI1Y OF BOYNTON BEACH
(UTILITIES DEPARTMENT)
124 EAST WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
5HOU...O AN'( OF TI-E POlloes DESCRIBED I-EREIN BE CANCElLED BEFORE Tl-E EXP1RATlON DATE l1-ERECF.
THE INSUlE;R AFFORDING co./E;RA()" WLL E;foCJE;AII<R TO .....IL ---30 DAYS WRITTEN NOTICE TO TIE
CERTIFICATE HO...DER NAM::O HEREIN, BUT FAll~E TO tM.1L SJCH NOTIa: st-W.llM"JOSE NO OBLI~TI(JrII CR
lIA81LITY OF Atolf KIN) LFON 1"HE INSRER AFFORDING COIERAGE, ITS AGENTS OR REPRESENTATIYES OR 1"HE
ISSlER OF THSCEFlTlFICATE
Marsh USA Inc.
12/11/03
8:56: PAGE 3/3
RightFAX
PRODUCER
MARSH USA INC.
122517TH STREET, SUITE 2100
DENVER, CO 80202-5534
Attn: STEVE WILSON 303-308-4569
CCMPMlY
E
COMPANY
F
33320 '{)OOO5-l.NW1M-
W.PAL
INSURED
LAVVSON, NOBLE & WEBB, INC.
ATTN: CHANDRA DOV\INEY
630 PLAZA DRIVE, SUITE 200
HIGHLANDS RANCH, CO 801 'l!4-2377
CCJ.\PMlY
G
CCJ.\PMlY
H
CONTINUED FROM DESCRIPTION SECTION:
FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN
THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYM ENTS OF INDEM NITY AND EXPENSE.
THE CITY OF BOYNTON BEACH
(UllLlTIES DEPARTMENT)
124 EAST\i\OOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
MARSH USA IItCo BY
Dorothy A Stevens ~ 4. ""n tMM
............_..-....~---......
The City of
Boynton Beach
err
Utilities Department
/24 E. Woolbright Road
Boynton Beach. Florida 33435
Phone (56/) 742-645/
FAX (56/)742-6298
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 8, 2003
RE:
2 Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C
D t
D
'1'
N
oples ae o. escnpnon
1 Original Agreement - Marco Water
Engineering
1 Proof of Insurance
REMARKS: Please file accordingly. There will be a total of 20 agreements with 20 firms as
awarded by Commission.
cc: Procurement Services - Carol Doppler
Barb Conboy
Karen Riseley
SIGNED: ~ ~ /';:2- If 0)
CH)
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MARCO WATER ENGINEERING
1120 Grand Duke Way
RoyalPalmBeach.FL 33411-3113
561.389.2714
FAX 561.784.9344
marco@marcowater.com
RECEIVED
DEe -'~ 2003
BOYNTONBfACHUYILlTIES
December 4, 2003
'"~F:I~~l_
C"., ,.."'~ ._)
\:.,"" /~~._\
'f?\ \"~C}~
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The City of Boynton Beach
Utilities Department
A TTN: Ms. Barbara Conboy,
Manager, Utilities Administration
124 E. Woolbright Road
Boynton Beach, Florida 33435
Dear Ms. Barbara Conboy:
Attached as requested is the original signed Consultant Agreement and the
insurance certificates. I have already coordinated with Ms. Carol Doppler and she
has the required insurance documents for Marco Water Engineering.
If I may be of further assistance please contact me at (561) 389-2714. I look
forward to working with you in the near future. Thanks!
Sincerely,
~;t. ~Re~
Marco A. Bell, MBA, M.Sc., P.E.
Principal Engineer & Owner
Marco Water Engineering
www.marcowater.com
Preserving our Natural Resources
'<'- " "., / r7
/, {' ,j- (5 cZ
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Marco Water Engineering, hereinafter referred to as "Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on rJ{)(j. /1 , 2003, accepted the City
Administration's recommendation and designated Consultant as one of nine (9) qualified
consulting firms for Scope D to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-I
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of nine (9) consulting
firms for Scope D which will be assigned projects listed on Exhibit "A" and that the City has
made no representation or promise regarding which projects or the number of projects that
will be assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services.-shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury~ and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. CertIficates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON- WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
m QI'Ct1 Wqttf I2hu'iJ.fl'li".j
--.1 } 2.0 (7rqnl J)J,t.e u)il.f
~lJy~1 PctJ~ &t'(f:h.l /:1- .38 J-j/}J3JJ3
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this ~ day of
NO\leM ber
CITY OF BOYNTON BEACH
~
Kurt Bressner, CIty Manager
Attest! Authenticated:
o
Rev. 04/08/03
CA-6
,20~.
~4;J4; /!8.
Consultant
f"ACipq} E"t5inttt 4 c?Wnt't"
Title ·
(Corporate Seal)
Attest! Authenticated:
~~~
Secretary
EXHIBIT A
SCOPE D: ANCILLARY STUDIES and SERVICES
. Rate Analysis
. Accounting Procedures
. Revenue Bonds
. Risk Management
. Employee Training
. Performance Measurement & Organizational Management
. NPDES Permitting
. Vulnerability Assessments
. Master Plan Updates
. Clean Air Act Compliance
. Consumer Confidence Report
. Consumer Satisfaction Survey
. Wastewater Capacity Analysis
. Hydraulic Analysis
. Power Analysis
. Geographic Information Systems
. Aerial Photogrammetry & Photography
. Process Controls & Instrumentation
. Data Acquisition and Control Services (DACS)
. Supervisory Control & Data Acquisition (SCADA)
. Other Related Services
EXH::::B:;:: T B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (principal)
IJ25;00 marc, fl. hJIJ/le.
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/Hydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support m OlJicq /h. {lJfil ~/J -
j' )'Z.S 0
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc. I u DID
Direct Costs - Mark-up % sub-
consultants Ofb
)0
5 _
.
CHAPTER: 10
SECTION: 08
SUBJECT: 02
PURPOSE:
CITY OF BOYNTON BEACH, FLORIDA
ADMINISTRATIVE POLICY MANUAL
Procurement
Policy NO.1 0.08.02
Professional Services
Page: 1 of 7
Errors & Omissions Policy
The purpose of this policy is to set forth consistent procedures to assess:
1. whether an error and/or omission ( sometimes referred to herein as "E&O")
has been made by a Design Professional who is performing services for the
City,
2. create a record of error and/or omissions for the purpose of recovery of
premium costs,
3. evaluate whether reimbursement of premium costs is appropriate and,
4. evaluate Design Professional performance for consideration in future project
selection processes.
AUTHORITY:
Administrative procedure.
DEFINITIONS:
Definitions as used in this Policy, the following terms carry the meaning specified below.
1. Change Order. Any contract amendment which increases or decreases the
value, or duration of a contract, when approved by the City Commission.
2. Consequential Damages. Consequential damages are damages which do not
flow directly and immediately from the acts of a party, but only from some of the
consequences or results of such acts and may include the City's cost of replacing
or completing work resulting from a design error or omission, the cost of
providing extended project support and loss of use damages.
3. Delay Damages. Delay damages include the costs, which the City may have to
pay a contractor as the result of Design Professional caused delays. These
damages can include increased labor and material costs, extended home and
field office overhead, lost productivity and lost opportunity damages.
4. Department Director. The head of any City department or division.
5. Design Professional. Design professionals are any consultants who provide
services to the City whether or not they are hired pursuant to the Consultant
Competitive Negotiation Act, FSS. 287.055. This policy applies to the entire
design team including all sub-consultants hired by a Design Professional who is
in direct contract with the City of Boynton Beach.
6. Error. An act that through ignorance, negligence, deficiency or accident departs
from or fails to achieve what should be done. Nothing in this definition modifies
the terms of the City's contract with the Design Professional.
7. Insurance Carrier. The provider of the professional liability insurance coverage
carried by the design professional.
8. Omission. An item of design or contract work task, which was neglected or left
undone.
Nothing in this definition modifies the terms of the City's contract with the Design
Professional.
9. Premium costs. Premium costs consist of the increased cost to the City of having
items of work added to a project after the contract has been bid and awarded and
construction started. If work is added because of an error or omission by the
Design Professional, and the item is required for the project to function as
anticipated, value is added to the project and some portion of the cost of the item
may properly be allocable to the City. However, when an error or omission in
design is discovered after bid, some portion of the cost of adding the item
frequently represents the increased cost which a contractor incurs in constructing
the added work out of sequence. In addition, the City loses the benefit of having
the work required to overcome the design error or omission competitively bid.
These additional costs resulting from design errors or omissions constitute
premium costs. Premium costs include the cost of the consequential and delay
damages as a result of the error and/or omission.
10. Professional Liability Insurance. That insurance which indemnifies against
damages caused by the errors or omissions of the design professional.
11. Project Manager. The City employee assigned to administer the contract of a
Design Professional.
12. Standard of Care. The expected level of professional skill, knowledge, expertise,
experience and performance set forth in the Design Professional's contract.
Nothing in this Policy modifies the language or terms of the City or Design
Professional, which are contained in their contract.
13. Unforeseen Site Condition. An actual physical characteristic which was not
known or is different from the characteristic described in the construction contract
documents. Responsibility for unforeseen site conditions are described in the
contract documents and may vary from contract to contract.
2
POLICY:
It is the policy of the City of Boynton Beach to fairly and consistently review and
evaluate the performance of its Design Professionals against applicable contract and
industry standards 1. In the event that performance meets or exceeds the contract
requirements, it is the policy of the City to record same in an objective manner for use in
future selection processes. In the event that performance falls short of the contract
requirements, the City policy is to recover the premium costs, consequential damages,
and delay damages resulting from the Design Professional's failure to perform to the
level required by the contract or by industry standards as well as record same in an
objective manner for use in future selection processes.
A Design Professional is obligated to perform services in a manner consistent with the
contractually required standard of care as well as industry standards. Neither industry
nor contractual standards of care require perfection. Therefore, some level of
performance short of perfection is anticipated. In each project where the City has costs
associated with errors and omissions, the City should determine if those costs reflect a
level of performance less than that required by the applicable standard of care. If so,
then the City should expect to be reimbursed by the Design Professional for those
costs.
When the City incurs cost overruns on a project, an assessment should be made by the
Project Manager to determine the impact of such factors so that any City claim could be
fairly adjusted. Such a determination would be made on a case by case basis by the
City or consultants engaged for this purpose.
PROCEDURES:
1 . General
Each project must be assessed on its own. No one standard can determine
whether the City should expect reimbursement for E&O expenditures. Some
errors or omissions may, standing alone, evidence a lack of care sufficient to
warrant reimbursement. A series of minor errors or omissions mayor may not
be indicative of a lack of care. In determining whether to seek compensation
from the Design Professional the City should first calculate and total the amount
of premium costs. In the event that the standard of care has been exceeded, the
Design Professional will be responsible for only the premium value (non-value
added costs).
Secondly, the premium value needs to be compared to an applicable standard
of care to determine if the premium value exceeds the amount normally
I Contracts, by their nature, cannot incorporate reference to all stand.ards of care for a design professional. Reference
to "industry standard" in this policy imposes on design professionals a duty to perform the requested services in
accordance with the standard of care used by similar professionals in the community under similar circumstances.
3
expected on a project where the Design Professional was conducting itself in
accordance with the standard of care contained in its contract.
2. Design Professional's Contract Lanquaqe
Each contract with a Design Professional shall contain standard of care
language. The language shall be consistent with' the language which currently
represents the City's position as approved by the City Manager. Department
Directors may recommend a higher standard of care for contracts which warrant
same. This revised standard of care language must be approved by the City
Attorney's Office. In any event the individual contract language shall take
precedence over the terms of this Policy.
The Design Professional's performance will be recorded and in part evaluated
according to the provisions of this Policy.
Project Managers shall provide a copy of this Policy to all professionals as part
of their proposal or contract.
3. Chanqe Order Administration
a. Construction Administration Services
The Design Professional shall immediately be made aware of any
change, which may be considered an error or omission by the City so that
the Design Professional can evaluate the condition and participate in
mitigating impact of the error or omission.
1) If construction administration services are included in the Design
Professional's contract, the construction contract will include
language directing requests for information and change proposals
to the Design Professional with simultaneous copy to the City, or
simultaneous notification to both the City and Design Professional.
2) If construction administration services are not included, the Project
Manager will notify the Design Professional within 24 hours of being
made aware of a condition which may be an error and/or omission.
This notification may be verbal or written. If verbal, notification must
be to a person employed by the Design Professional holding a
position at least of engineer.
b. Chanae Order Brief
A change order brief is required for all change orders prior to City
approval. The change order brief contains a field to identify whether the
change order, or each change item contained within a change order (if
4
multiple change items within a single change order) was a result of an
error/omission. The Project Manager must identify whether the change or
individual change item is a result of an error or omission.
This change order brief shall be provided to the Design Professional upon
approval of the change order. The change order brief shall not be provided
to the Contractor as an attachment to the change order, however, must be
provided to the Contractor if requested.
c. Evaluation of the Value of Errors and Omissions
Within 30 days of the approval of a change order, all change items which
have been identified as an error/omission will be evaluated to identify the
premium costs. The premium costs should include all costs identified in
the definition of premium costs above. Independent consultants may be
used to assist the Project Manager in determining the premium costs.
d. Contract Payments to the Desion Professional
To the extent possible, the Project Manager shall ensure that sufficient
funds are available (based on contract balance) from payments to the
Design Professional to cover the value of the premium costs identified and
transmitted to the Design Professional. This provision of the Policy may be
waived with the approval of the Department Director. This provision is not
intended to provide for the implementation of a "retainage" provision.
e. File
The Project Manager will maintain a file which contains the change order
documents, all related correspondence and work papers, the evaluation
identified in lib" above. the Design Professional's response to the
evaluation, and any other materials related to the an error/omission.
4. End of Construction Evaluation and Assessment
a. Cumulative Review
Upon completion of construction, the Project Manager will compile the
results of all E&O evaluations for the purpose of determining whether the
standard of care identified in the contract has been met. This compilation
will be referred to as the cumulative review.
If determined to be warranted, the Project Manager can initiate an interim
cumulative review at any time during the contract.
b. Assessment Aoainst Standard of Care
5
The Project Manager will compare the cumulative review to the standard
of care in the contract of the Design Professional to determine whether the
contract requirements have been met. This comparison is to be performed
on a case by case basis considering the items set forth earlier in this
Policy.
c. Review of Final Evaluation and Recommendation
1) If the Project Manager's evaluation indicates that the standard of
care has been met, the Project Manager can recommend final
payment. Final payment and recordation of the Design
Professional's performance shall be made in accordance with "4d"
and "4e" of this Policy.
2) If the Project Manager's evaluation indicates that the standard of
care has not been met, a copy of the evaluation shall be sent
concurrently to the Division Director as well as the Design
Professional. The Division Director shall review the evaluation and
schedule a meeting with the Design Professional prior to concurring
with the recommendation of the Project Manager and sending same
to the Department Director.
Should the Department Director agree with the evaluation of the
Project Manager and Division Director that the standard of care has
not been met, the cumulative review, along with the Department
Director's recommendation shall be forwarded to the Design
Professional. This communication to the Design Professional shall
indicate the monetary penalty, if any, that the City intends to impose
and shall afford the Design Professional the opportunity for a
meeting with the City to discuss the City's findings and conclusion.
In the event the Design Professional disputes a monetary penalty
imposed by the City pursuant to this policy, the dispute shall be
settled by mediation under the Construction Industry Mediation
Rules of the American Arbitration Association. A demand for
mediation must be in writing and must be made prior to final
payment. The acceptance of final payment by the Design
Professional constitutes a waiver of the dispute.
If within 45 days after service of a written demand for mediation, the
mediation does not result in settlement of the dispute; then, any
unresolved dispute shall be settled by arbitration administered by
the American Arbitration Association in accordance with its
Construction Industry Arbitration Rules. Fast track procedures shall
be followed when the disputed amount is less than $50,000.00. A
single arbitrator shall be used.
6
An award rendered by the arbitrator shall be enforceable under the
provisions of the Florida Arbitration Code, Chapter 682, Florida
Statutes.
d. Final Payment of the Desian Professional's Contract
1) If the Department Director concurs with the Project Manager that
final payment in accordance with the terms of the contract.
2) The Project Manager shall hold the final invoice for services, if a
contract balance remains. The amount withheld from final payment
will be in an amount equal to or less than the estimated premium
value. If there are insufficient funds remaining in the contract
balance, the Department Director will determine the most
appropriate manner to recover same from the Design Professional
and/or their Professional Liability Carrier.
3) If the matter proceeds to negotiations for resolution, the final
invoice for services shall be processed upon conclusion of the
negotiations and in accordance with the agreements resulting from
same.
e. Recordation of Performance Evaluation Form
The information contained in the cumulative review shall be permanently
recorded on the Design Professional's Performance Evaluation Form,
which is one of the factors considered for future selection.
DEVELOPED BY:
EFFECTIVE DATE:
John Guidry, Utilities Director
March 1,2001
!~
Kurt Bressner
City Manager
7
City of Boynton Beach
Risk Management Division
INSURANCE ADVISORY FORM
ATTACHMENT A
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 a1\ 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)
-------------------------------------------------------------------------------------------------------------------------------------------
MINIMUM LIMITS REOUIRED
-------------------------------------------------------------------------------------------------------------------------------------------
General Liability
Commercial General Liability
Owners & Contractor's Protective (OCP)
Liquor Liability
Professional Liability
50,000.00
Employees & Officers
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
General Aggregate
Products-Comp/Op Agg.
Personal & Adv. Injury
Each Occurrence
Fire Damage (anyone fire)
Med. Expense (anyone person)
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$
$ 5,000.00
-------------------------------------------------------------------------------------------------------------------------------------------
Automobile Liability
Any Auto
All Owned Autos
Scheduled Autos
Hired Autos
Non-Owned Autos
PIP Basic
Intermodal
Combined Single Limit
Bodily Injury (per person)
Bodily Injury (per accident)
Property Damage
Trailer Interchange
$ 500,000.00
to be determined
to be determined
to be determined
$ 50,000.00
-------------------------------------------------------------------------------------------------------------------------------------------
Garage Liability
Any Auto
Garage Keepers Liability
Auto Only, Each Accident
Other Than Auto Only
Each Accident
Aggregate
$ 1,000,000.00
$ 100,000.00
$ 1,000,000.00
$ 1,000,000.00
Excess Liability
Umbrella Form
-------------------------------------------------------------------------------------------------------------------------------------------
Each Occurrence
Aggregate
to be determined
to be determined
-------------------------------------------------------------------------------------------------------------------------------------------
Worker's Compensation
Employer's Liability
Each Accident
Disease, Policy Limit
Disease Each Employee
Statutory Limits
$ 100,000.00
$ 500,000.00
$ 100,000.00
-------------------------------------------------------------------------------------------------------------------------------------------
Property
Homeowners Revocable Permit
Builder's Risk
Limits based on Project Cost
-------------------------------------------------------------------------------------------------------------------------------------------
to be determined
Other - As Risk Identified
$ 300,000.00
-------------------------------------------------------------------------------------------------------------------------------------------
Revised 10/2001
INSURANCEADVISORYFORM04
~CJ}BD_ CSRTlJ:ICA TE OF LIABILITY IN8UftANCe I o9i22T20~3
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West Palm Beach, Fl 33414
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1120 Grand Duke Way
Royal Palm Beach, Fl 33411
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THE POlICIES OF INSURANCE USTEO BELOW HAVE BEEN ISSUEDTQ THE INSURED NAMED NJa>IE FOR THE POLICY PERIOD NlICATED. NOTYmHSTANDING
AHV REQUIREMENT. TERM OR CONomoN OF ANY CONrRACT OR ontER DOCUMENT WtTH RESPECT TO WHICH 1HIS CERnFlCATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFPORDED BY lHEPOUCIES"DESCRlBED HEREIN IS'SU8JECTTO ALL THE TERMS. EXCWSIONS AND CONDI11ONS OF SUCH
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City of Boynton Beach 1IIOULD"",..THEMCIIlIIl-': 11 PCILIC8_"-'-~""_
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The City of Boynton Beach
Q(
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Otlice: (561) 742-6451
FAX' (561) 742-6298
Website:www.ci.boynton-beach.fl.us
Certified Letter # 7003 1010 0000 6300 9637
December 1,2003
Marco Water Engineering
1120 Grand Duke Way
Royal Palm Beach, FL 33411
Attn: Marco Bell
Dear Mr. Bell:
At the City Commission meeting of November 18, 2003, the terms, conditions, and rates of
compensation for services were approved for your firm detailed in the enclosed original Consultant
Agreement for a Two-Year General Consulting and Engineering Contract.
The Consultant Agreement has been partially executed by the City of Boynton Beach with the
signatures of the City Manager and City Attorney. In order to complete the execution, please sign
where indicated and return the original Consultant Agreement to the Utilities Department.
Insurance certificates are also required at this time. Along with the Consultant Agreement, please
submit your Certificate of Professional Liability Insurance that indemnifies your firm against
damages caused by errors and/or omissions (see enclosed City Administrative Policy); and, a
Certificate of Insurance, naming the City of Boynton Beach as additional insured for appropriate
coverages according to Attachment 'A'.
The original documents must be returned by December 12, 2003, to Barbara Conboy, Utilities
Department, 124 E. Woolbright Road, Boynton Beach, FL 33435.
America's Gateway to the Gulfstream
If a certified copy of the fully executed Consultant Agreement is required for your records, we will
provide one upon receipt of the documents and your written request.
Thank you for your cooperation and we look forward to working with you and your firm.
Sincerely,
CITffF BO~~ON BEACH
/k,.lI,'v."Ii!.'~
Barbara Conboy
Manager, Utilities Administration
Attachments (3)
cc: Procurement Services
City Clerk
WRLT
2
/ I
'/
C' The City of Bovnton Beach
City Clerk's Office
100 E BOYNrON BEACH BLVD
BOYNrON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
December 16, 2003
Lisa A. Tropepe, P.E.
Vice President
SFRN, INC.
1201 Belvedere Road
West Palm Beach, FL 33405
RE: Resolution #R03-182 - GENERAL ENGINEERING SERVICES
Dear Ms. Tropepe:
Attached please find a certified copy of the resolution mentioned above including
attachments for your files.
If you have any questions concerning this, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
C: Barb Conboy, Utilities
Procurement Services
Karen Riseley
masS:\CC\WP\Letters\Letters by Mary Anne\SFRN.doc
America 's Gateway to the Gulfstream
.
The City of Bovnton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
CERTIFICATION
I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that a copy of Resolution R03.182 consisting of two
pages plus 12 attachments are true and correct copies as they appear in the
records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 16th day of December 2003.
.P~
ET M. PRAlNITO, CMC, CITY CLERK
S:\CC\WP\certificatlons\certificalion - JP - sailfish.doc
America's Gateway to the Gulfttream
RESOLUTION NO. R03 - / ~~
J
; I
I ! WHEREAS, the City Commission of the City of Boynton Beach, upon
I jrecommendation of staff, hereby deems it to be in the best interests of the citizens and
! residents of the City of Boynton Beach. to designate twenty engineering firms as being
I
I
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA. DESIGNATING
TWENTY COMPANIES AS GENERAL CONSULTANTS
FOR ENGINEERING SERVICES; ACCEPTING
NEGOTIATED RATES OF COMPENSATION FOR
SERVICES; AUTHORIZING EXECUTION OF
CONTRACTS; AND PROVIDING AN EFFECTIVE DATE.
qualified to provide consulting engineering work for the City's Utility Department, and to
accept negotiated rates of compensation for services, and authorize execution of contracts
with each of the twenty (20) companies;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The City Commission of the City of Boynton Beach, Florida does
hereby designate the following twenty engineering firms as being qualified to provide
consulting engineering work for the City's Utility Department, accepts the negotiated rates of
compensation for services, and authorizes execution of agreements, as follows:
Arcadis. Geraghty & Miller;
Boyle Engineering Corporation;
Brown & Caldwell
Camp Dresser & McKee. Inc.;
CH2M Hill, Inc.;
Craig A. Smith & Associates;
Crossroads Engineering, Inc.;
Global Tech. Inc.;
Hartman & Associates. Inc.;
Kimley-Horn & Associates. Inc.;
LBFH. Inc.;
S:\CA\RESO\Agreements\Consultant - Engineering SefVices 110403.doc
Lawson. Noble & Webb. Inc.;
Marco Water Engineering;
Matthews Consulting. Inc.;
Metcalf & Eddy. Inc.;
PBS & J Corporation;
SFRN, Inc.;
Stanley Consultants, Inc.;
URS Corporation;
Wantman Group. Inc.;
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOYfED this -ti- day of November. 2003.
CITY OF BOYNTON BEACH. FLORIDA
.,
-=-c~-
Commissioner
ATIEST:
S:\CA\RESO\Agreements\Consullant - Engineering Services 110403.doc
j{/o 3--1 Y;;L
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and SFRN. Inc., hereinafter referred to as "Consultant", in consideration of the mutual
benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on No,). /f , 2003, accepted the City
Administration's recommendation and designated Consultant as one of 15 qualified consulting
firms for Scope C and one of nine (9) qualified consulting firms for Scope D to provide general
engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-I
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms
for Scope C and one of nine (9) consulting firms for Scope D which will be assigned projects
listed on Exhibit "A" and that the City has made no representation or promise regarding
which projects or the number of projects that will be assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services.-shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON- WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death ofa member, partner or officer ofthe Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
SFRN, Inc.
1201 Belvedere Road
West Palm Beach, FL 33405
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this 1~ dayof ~O"~Mbef
CITY OF BOYNTON BEACH
~
Kurt Bressner, City Manager
Attest! Authenticated:
'M.
Rev. 04/08/03
, 20 0.3.
~~
~( (>E-{)r2€6cOe7\JT
Title
(Corporate Seal;
Secretary
CA-6
Exhibit A
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
. Water Main Replacement
· Interconnections
· Sanitary Sewer Line, Repair, Rehabilitation, Replacement
· Inflow & Infiltration Studies/Repair
· Wastewater Pump Station Rehabilitation/Expansion & Analysis
· Pump SizinglExpansionfImprovements
. Stormwater Management
· Swale and Drainage Development/Improvements
. Outfalls
. Roadway and Transportation
· Neighborhood Improvements
. Lighting
. Sidewalks
. Park Amenities
. Other Related services
SCOPE D: ANCILLARY STUDIES and SERVICES
. Rate Analysis
. Accounting Procedures
· Revenue Bonds
. Risk Management
· Employee Training
· Performance Measurement & Organizational Management
· NPDES Permitting
· Vulnerability Assessments
. Master Plan Updates
· Clean Air Act Compliance
· Consumer Confidence Report
· Consumer Satisfaction Survey
· Wastewater Capacity Analysis
· Hydraulic Analysis
· Power Analysis
· Geographic Information Systems
· Aerial Photogrammetry & Photography
· Process Controls & Instrumentation
· Data Acquisition and Control Services (DACS)
· Supervisory Control & Data Acquisition (SCADA)
· Other Related Services
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
SCOPE D
Classification Hourlv Rate Emplovees Identified
Project Director (Principal) $145.00 Keith Jackson
Gary Rayman
C. Andre Rayman
Client Services Manager $145.00 Lisa Tropepe
Project Engineer $ 84.00 Kyle Grandusky
Allen Green
Designer $ 58.00 Olive Henry
Senior Professional Surveyor/Mapper $ 90.00 Bob Wise
Engineering/Survey Technician $ 67.00 Mike Brienza
Survey Crew $116.00 Hector Gonzalez
(3-person crew) Robert Fullwood
Ed Colvin
GPS Equipment & Crew $180.00 Hector Gonzalez
Robert Fullwood
Ed Colvin
Senior Administrative Support $ 52.00 Thea W orthingstun
Debbra Haynoski
Tashia Kenty
Administrative Support $ 44.00 Donna Lacourse
David Bolton
Paraprofessional $ 59.00 Christine Geffken
Direct Costs - Mark-up % 10%
Office, reproduction, mailing, etc.
Direct Costs - Mark-up %
Sub-consultants 10%
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
SCOPE C
Classification Hourlv Rate Emplovees Identified
Project Director (Principal) $145.00 K. Dan Shalloway
Keith Jackson
Brian LaMotte
Gary Rayman
C. Andre Rayman
Client Services Manager $145.00 Lisa Tropepe
Senior Project Manager $110.00 Terrence Bailey
Project Engineer $ 84.00 Kyle Grandusky
Allen Green
Designer $ 58.00 Olive Henry
Senior Professional Surveyor/Mapper $ 90.00 Bob Wise
Engineering/Survey Technician $ 67.00 Mike Brienza
Senior Field Representative $ 84.00 Position currently
(Professional) vacant
Hector Gonzalez
GPS Equipment & Crew $180.00 Robert Fullwood
~ k~ J~ /OJ().cld Colvin
Senior Administrative Support $ 52.00 Thea W orthingstun
Debbra Haynoski
Tashia Kenty
Administrative Support $ 44.00 Donna Lacourse
David Bolton
Paraprofessional $ 59.00 Christine Geftken
Direct Costs - Mark-up % 10%
Office, reproduction, mailing, etc.
Direct Costs - Mark-up %
Sub-consultants 10%
FILE No.411 12/03 '03 17:36
ID:ACORDIA WPB
FAX:
PAGE
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PRODuceA Tttl6 CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND
CONfERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS c:a.TlFlCAlE
~CORDIA-WPB DIVISION DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AfFORDa) IIY THE
POUCIES BELOW.
501 S. FLAGLER DR. #600 COMPANIES AFfORDING COVERAGE
WEST PALM BEACH FL 33401-5914
PHN (56!) 655-5500 COMPANY A VALLEY FORGE INS CO ( CNA)
"'AX (561) 655-5509 LETTER
COMPANY B CNA (V.O. SCHINNERER)
INSUf'ED LETTER
SFRN, INC D B A COMPANY C CITIZENS PROPERTY INS CO
SHALLOWAY ENGINEERING LETTER
J.201 BELVEDERE ROAD COMPANY D CONTINENTAL CAS CO (CNA)
;lEST PALM BEACH, FL 33405 LeTTER
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CITY OF BOYNTON BEACH MAil 3..0...- DAYS WRITTEN NOTICE TO THE CERTFICATE HOLDER NAMED To THE
UTILITIES DEPARTMENT LEFT. BUT FA'LURE TO MAIL SUCH NOTICe SHAll. IMPOSE NO 0811GATlON OR
124 E WOOLBRIGHT RD UA8IUTY Of ANY KINO UPON lHE COMPANY, ITS AGElIITS OR REPRESf:NTATIVES.
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Date: 12/4103 09'05 AM Page: 2 of 2
ACORD. CERTIFICATE OF LIABILITY INSURANCf;dJ~ y~ DATE IMM1DD1YYJ
12/04/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONL Y AND CONfERS NO RIGHTS UPON THE CERTIFICATE
USI Florida - Boca HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
301 Yamato Road ALTER THE COVERAGE AfFORDED BY THE POUCIES BELOW.
Boca Raton FL 33431-4919 INSURERS AFFORDING COVERAGE
Phone: 561-999-0232 Fax: 561-999-9526
INSURED INSURER A Associated Industries Ins. CO.
INSURER ;:
d/b/a Shalloway EnQineering INSURER C
SFRN
1201 Belvedere Road INSURER :>
West Pa~ Beach FL 33405
I INSURER ~
COVERAGES
THE PC,-:C!ES CF :NSU.<;'ANCE ,-:S-:::: BEcCW HAVE EEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE "011CY PERIOD INDICATED. NOTWITHSTANDING
M-JY REc,-n'E'/E:,T. TERM OR COND:T:O~I OF ANY CONTRACT OR OTHER COC'N~'iT WITH RESPECT TO WHIC., THIS CERTIFICATE MAY 6E ISSUED OR
MAY PE.<;'TAIN. ~LlE iNSURANCE AFFORDED 8Y THE POLICIES DESCRIBED f-iEREIN is SUBJECT TO AlL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICiES AGGF-EGATE liMfTS SHO\'VN MAY H.A.VE BEEN REDUCED BY PAiD C~JMS
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DESCRIPTION OF OPERATlONSIlOCATIONSIVEHlCLESIEXCLUSIONS ADDEO BY ENOORSEMENTISPECIAl PROVISIONS
CERTIFICATE HOLDER
N ADOITIONAlINSURED; INSURER LETTER'
CU'YBOY
CANCELLATION
SHOUlD Atn OF THE ABOVE DESCRIBEO POLICES BE CANCEllED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOlDER NAMED 10 THE lEFT, BUT FAILURE TO 00 so SHALL
_OSE NO OBLIGATION OR llAlllLlTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
REPRESENTATl\lES.
REPRESENTATIVE
@ACORDCORPORATION 1988
City of Boynton Beach
Attn: Barbara Conboy,
Utilities Department
124 East Woolbright Road
Boynton Beach FL 33~35
ACORD 25-S (7/97)
EXHIBIT B
,INe
Engineers Surveyors GIS Mappers
K. DanielShalloway, P.E.
Gary M. Rayman, P.S.M.
Warren H. Newell
Brian 1. LaMotte, P.E.
Keith B. Jackson, P.E.
Lisa A. Tropepe, P.E.
Shlll/oWIIY Enginee,ing
RECEIVI!D
OCT 21_
Via Fax and Mail
I I', .
I I.: _ I ,1/ ! I ",
, ~ .
October 20,2003
Barbara Conboy, Manager
Utilities Department
City of Boynton Beach
135 E. Woolbright Road
Boynton Beach, FL 33435
Re: Certified Letter #7003 1010 0000 6300 9521
Dated October 10, 2003
Dear Ms. Conboy:
This is in response to your letter regarding our rates for GPS Equipment/Crew of
$180.00. That rate is for a 3-person crew using a base station and 2 roving units. We
will accept your rate of $71.68 for a 1-person crew using a sub meter accurate unit.
Thank you very much for your consideration.
Very truly yours,
~(J.~
Lisa A. Tropepe, P.E.
Vice President
LAT/cg
120 1 Belv~dere Road
West Palm Beach, FL 33405
(561)655.1151
Fax 832.9390
info@sfrninc.com
www.sfrninc.com
CONBOY 09-23-03
SFRN #03018
l
1..
80
t" or ,I nf. t,,'j'{tn GH St. ~CH
,\ \ '.,.:Y f.\_i_{') !~f\,C~
i.. \ \ ,,'~-'\' ~, -
The City of
BO nton Beach
c; \)'t.c \ \ Pi~ 3: 5l\
Utilities Department
124 E, Woolbright, Road435
h flonda 33
BOyntOn Beae ' 742-6451
Phone (561)
fAX (561)742-6298
O~ 1'~~S~\1'1' ~L
L~1'1'~R I~
1l~1'~:
rnber 11, 2003
1'0:
. Chi c\er~
Jal\et fral\\to, \"J
. . Ser'l\Ces
t Gener'\ Enlb'nee<'n\\
'1 'i ear contrac -
R~'.
s:
~11. '{1lf. l'OLLO~G
f;~~\1'\\ ~JV"
'q tion
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The City of
Boynton Beach
czr
C'jT\' OF P1YflTON BEi\CH
L [y CL:.R~("3 CI:7F!CE
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Phone (561) 742-6451
FAX: (561)742-6298
C30EC II PM 3: S4
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 11, 2003
RE: 2 Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C
D
N
D
oples ate o. escnptlOn
1 Original Agreement - SFRN
1 Proof of Insurance
REMARKS: Please provide a certified copy for the SFRN and file accordingly.
CC: Procurement Services
Karen Riseley
SIGNED: &Jl G01!;J//'07
.
K. Daniel Shalloway, P. E.
Gary M. Rayman, P.S.M.
Warren H. Newell
Brian 1. laMotte, P. E.
Keith B. Jackson, P.E.
Lisa A. Tropepe, P. E.
~'NC.
Engineers Surveyors GIS Mappers
Shalloway Engineering
December 4, 2003
Barbara Conboy, Manager
City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, FL 33435
RE: CONSULTANT AGREEMENT
SFRN PROJECT #03018
RECEIVED
DEe - 8 2003
BOYNTONBMCHUTILtTlES
Dear Ms. Conboy:
Please find attached one original executed Agreement for General Consulting
and Engineering Services as per your request. Also included are the required insurance
certificates naming The City of Boynton Beach as additional insured.
Upon completion please provide us with a certified copy of the fully executed
Consultant Agreement.
We look forward to working with you and the City of Boynton Beach.
Sincerely,
~~
Lisa A. Tropepe, P.E.
Vice President
LA T Ithw
Attachment
1201 Belvedere Rood, West Palm Beach, FL 33405 TEL: (561) 655-1151 FAX: (561) 832-93mONBOY 12-04-03
E M .1 . ! @! . !! I SFRN #03018
- 01: In/a S1fnlnc.com Ouicio Website: www.sfrninc.com
G~
The Citq ol Bounton Beach
City Clerk's OHice
100 EBOYNTON BrACH BLVD
BOYNTON BrACH FL33435
(501) 742-6000
FAX: (501)742-6090
e-mail: prainitoj@ci.hoynton-beach.H.us
www.boynton-beach.org
December 29, 2003
Mr. Blake C. Guillory, P.E.
Division Manager
Post, Buckley, Schuh & Jernigan, Inc.
3230 Commerce Place, Suite A
West Palm Beach, FL 33407
RE: Resolution #R03-182 plus attachments
Dear Mr. Guillory:
Attached please find a copy of the resolution mentioned above for General Consulting and
Engineering Services made with Post, Buckley, Schuh & Jernigan, Inc. including attachments
for your information and files.
If you have any questions, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
C: Barb Conboy, Utilities
Procurement Services
Karen Risley
America's Gateway to the Gulfstream
TheCihl of Boqnton Beach
CitlJ Clerk's OHice
100 EBOYNTON BEACH BLVD
BOYNTON BEACH H..33435
(561)742-6060
PAX: (561)742-6000
e-mail: prainitoj@cibolJnton-beach1l.us
www.boynton-beach.org
CERTIFICATION
~t.:-' "
I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida,
do hereby certify that the attached copy of Resolution #R03-182, consisting of 16
pages (including exhibits), is a true and correct copy as it appears in the records
of the City of Boynton Beach, Florida. The agreement is for General Consulting
and Engineering Services made between the City of Boynton Beach and Post,
Buckley, Schuh & Jernigan, Inc.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 29th day of December, 2003.
NET M. PRAINITO, CMC, CITY CLERK
(SEAL)
America's Gateway to the Gulfstream
RESOLUTION NO. R03 _ /~.:;c
A RESOLUTION OF THE CITY COMMISSION OF mE
CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING
TWENTY COMPANIES AS GENERAL CONSULTANTS
FOR ENGINEERING SERVICES; ACCEPTING
NEGOTIATED RATES OF COMPENSATION FOR
SERVICES; AUTHORlZlNG EXECUTION OF
; CONTRACTS; AND PROVIDING AN EFFECTIVE DATE.
i
, I
: I
I WHEREAS, the City Commission of the City of Boynton Beach, upon
i
I
"recommendation of staff, hereby deems it to be in the best interests of the citizens and
I residents of the City of Boynton Beach, to designate twenty engineering firms as being
I
I
;
qualified to provide consulting engineering work for the City's Utility Department, and to
accept negotiated rates of compensation for services, and authorize execution of contracts
.th each of the twenty (20) companies;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The City Commission of the City of Boynton Beach, Florida does
ereby designate the following twenty engineering finns as being qualified to provide
onsulting engineering work for the City's Utility Department, accepts the negotiated rates of
mpensation for services, and authorizes execution of agreements, as follows:
Arcadis, Geraghty & Miller;
Boyle Engineering Corporation;
Brown & Caldwell
Camp Dresser & McKee, Inc.;
CH2M Hill, Inc.;
Craig A. S:iDith & Associates;
Crossroads Engineering, Inc.;
Global Tech, Inc.;
Hartman & Associates, Inc.;
KimJey-Hom & Associates, Inc.;
LBFR, Inc.;
:\CA\RESO\Agreemenls\Consultant - Engineering Services 110403.doc
Lawson, Noble & Webb, Inc.;
Marco Water Engineering;
Matthews Consulting, Inc.;
Metcalf & Eddy, Inc.;
PBS & J Corporation;
SFRN, Inc.;
Stanley ConsuJtants~ Inc.;
URS Corporation;
Wantman Group, Inc.;
Section 2. This Resolution shall become effective immediately Upon passage.
PASSED AND ADOYfED this -ti- day ofNovember~ 2003.
CITY OF BOYNTON BEACH, FLORIDA
P
Commissioner
S;\CA\REsO\Agreements\Consu1tant - EngIneering ServIces 110403.doc
I( () 3-(1~
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to @
as "City", and -rnS&J. hlG. d/b/a PBS&J, hereinafter referred to as "Consultant", in .
consideration ~e mutual benefits, terms, and conditions hereinafter specified.
msI. ~UC1<LEY. SCHUH & )ERNIGAN, INC.
~- WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No.065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on No fl. /( , 2003, accepted the City
Administration's recommendation and designated Consultant as one of 15 qualified consulting
firms for Scope C to provide general engineering services to the City;. and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-I
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms
for Scope C which will be assigned projects listed on Exhibit "A" and that the City has made
no representation or promise regarding which projects or the number of projects that will be
assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services.-shall meet a standard of care for professional
engineering ,and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certfficates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINA TION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON- WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
7:?/ake.. &LA:/!ofll /~/5'.
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lJe>s:T ~/v.-, 6-etA.e--h J/C'L 33407
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this ~ day of
~o"eM!Qe(
,20~.
CITY OF BOYNTON BEACH
~
Kurt Bressner, CIty Manager
Attest! Authenticated:
frJ,
Offi
Rev. 04/08/03
CA-6
PBS&J
LA.~
Consultant
Richard A. Wickett
C1airman of the Board
Title
(Corporate Seal)
Attest! Authenticated:
fL~ J. j~
Becky S. Schaffer
SecretarY
EXHIBIT A
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
. Water Main Replacement
. Interconnections
. Sanitary Sewer Line, Repair, Rehabilitation, Replacement
. Inflow & Infiltration Studies/Repair
. Wastewater Pump Station Rehabilitation/Expansion & Analysis
. Pump Sizing/ExpansionlImprovements
. Stormwater Management
. Swale and Drainage Development/Improvements
. Outfalls
. Roadway and Transportation
. Neighborhood Improvements
. Lighting
. Sidewalks
. Park Amenities
. Other Related services
"
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Employees
Rate Identified
Project Director (principal) $185.00 Blake Guillory,P .E.
Bob Morell, P.E.,D.E.E.
Bob Ortiz, P.E., D.E.E.
Ken Wilson, P.E.,
D.E.E.
Gerald Carrigan,P.E.
Moris
Cabezas,PhD.P .E.D .E.E.
Larry Hentz,P.E.,D.E.E
William Brown, AlA,
UBCI
Client Service Manager $185.00 Blake Guillory, P .E.
Senior Project Manager $150.00 Patricia Carney, P .E.
Phillip Dover, P .E.
Douglas Dycus,P.E.
JoAnn Jackson, P.E.
Raul Mercado, P .E.
Doug Norris, P .E.
Steve Starr, P.E.
Bill Whidden, P .E.
Wayne
Mather,P.E.D.E.E.
Prasad
Chittaluru,PhD.P .E.
Hermann Konrad, P .E.
David Carter,CCE,EI
Enrique Gonzalez
Bernard Ward
Norris Smith
Project Engineer $ 95.00 Christopher Niforatos,
P.E.
Joe Diaz,P.E.
Sara Sciotto,P.E.,
Kathleen Farrell,P.E.
Jason Garz,P.E.
Jeremy McBryan, P.E.
Scientist $ 70.00 Adam Gelber
Mark Henry
Senior Desismer $ 60.00 Mike Hellyer
Desismer $ 55.00 Alex Delgado
SeniorEngineerlHydrogeologist $130.00 GeofIBurke, P.G.
Phillip Cook,P .G.
EngineerlHydrogeologist ' , $ 95.00 Kevin Dorsey, P.G.
(TechnicaISpecialist)
Senior ProfeSsional Surveyor/Mapper $1~ Carlos DelValle, P.S.M.
l~s.O~
,-- ~k~ /0./10 'OS
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Employees
Rate Identified
Professional Surveyor/Mapper $132.00 Roberto Mantecon, PSM
losd'
~ (~ikr b'/b(iJ
Engineering/Survey Technician $ 70.00 Alexis Rodriguez
Raul Perez de Alejo
Senior Field Representative $ 77.00 David Carter, CCE,EI
(professional) Enrique Gonzalez
Juan Moreno
Armando Arnet, ill
UBCI,SBCCI
Survey Crew
4-person crew $153.00 VariOllS individuals
3-person crew $127.00
2-person crew $100.00
GIS Specialist $ 95.00 Patrick Sipple
. Diana Umpierre
Graphics Specialist $ 70.00 Marion Kase
Julie Forgione
Senior Inspector $~ Joseph Salazar, SET
qoCiJ Armando Arnet, ill,
UBCI,SBCCI
~/e~ 16./(,($
GPS Equipment $ 35.00 Gerald Sanders
Raul Torres
Allen Welch
Senior Administrative Support $ 52.00 Sharon Durick
Administrative Support $ 40.00 Adele Forman
\. \
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Employees
Rate Identified
Paraprofessional N/A
Aerial Photogrammetry N/A
Computer System Analysis $ 80.00 Shane McIntyre
David Stackhouse
Rate Study $ t66:OO Marc Wa1ch
/{x:/b Donna Huey
~ Ie jJp,. blCnU3
Financial Services $ 170.00 Karen Keese
Marc Wa1ch
Instrumentation and Control Services $ 140.00 Daniel Schmidt, P .E.
Human Resource Services N/A
Data Acquisition and Control Services N/A
Direct Costs - Mark-up % Actual Copy
Office, reproduction, mailing, etc. Cost Mail
Fax
Phone
Mileage $0.36/mi.
Direct Costs-Mark-up % sub- 1.10 Hillers Electrical
Consultants Engineering, Inc.
Sunshine
\. \ Communications
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Employees
Rate Identified
Senior Right of Way Agent $ 95.00 Rudy Mirjah
Jim Durako
Eric Watkins
Right of Way Agent $ 80.00 Deborah KorIeski
Adam Stehly
Planner $115.00 Dale Siska, AICP
Erin Degutis, AICP,
ASLA
Junior Engineer $ 75.00 Sarah Houghland, E.I.
Holly Urban, E.I.
Brent Whitfield, E.I.
Landscape Architect $110.00 David Larson, RLA
Harry Belton, RLA
Senior Architect $115.00 Gary Smith, AlA
Jay Anderson, AlA
JeffWannington, AlA
Architect $ 80.00 Lori-Ann Ridley
Alex Camps
Paul Sinnnonds
,
.
\. \
PBS'
~
EXHIBIT B
An employee-owned company
October 16, 2003
RECEIVED
OCT 2 l 2003
BOYRTONBCHUTIJ.\lIES
Ms. Barbara Conboy
Manager, Utilities Administration
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
Subject: Re-examination of Proposed Billing Rates
Scope C: Infrastructure Improvements and Repairs
General Consulting and Engineering Services Contract
Dear Ms. Conboy,
Weare in receipt of your October 10, 2003 letter requesting re-examination of rates for
certain billable classifications. We offer the following adjustments:
Classification
Adjusted Rate
Senior Professional Surveyor/
Mapper
$125.00
Professional Surveyor/Mapper
$105.00
Senior Inspector
$90.00
Rate Study
$160.00
These rates, while still above the City's average rates, are below the 20 percent threshold.
We trust that this information will be acceptable to the City. If you have any further
questions, please do not hesitate to call us.
Sincerely,
?r~
Vice President, Division Manager
Cc: Peter V. Mazzella, P.E.
3230 Commerce Place, Suite A · West Palm Beach, Florida 33407 · Telephone: 561.689.7275 . Fax: 561.689.3884 . www.pbsj.com
ACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDllIYYYY)
12/05/2003
PRODUCER (305)822-7800 FAX 3058270585 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA TJON
Collinsworth, Alter, Fowler, Dowling ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
& French Group Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 9315
Miami lakes, Fl 33014-9315 INSURERS AFFORDING COVERAGE NAlC#
INSURED Post, Buckley, Schuh, & Jernigan, Inc. INSURER A: Continental Casualty Company A XV
d/b/a PBS&J INSURER B: American Casualty Co Reading A XV
2001 NW 107 Avenue INSURER c: lloyds of london A- XV
Miami, FL 33172-2507 INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWl11-ISTANDING
PNY REQUIREMENT, TERM OR CONDITION OF PNY CONTRACT OR OTHER DOCUMENT WITI-I RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~ ~~} TYPE OF INSURANCE POlICY NUMBER POlICY EFFECTIVE POliCY EXPIRATION LIMITS
GENERAL LlABlLrTY Gl247843206 09/30/2003 09/30/2004 EACH OCCURRENCE $ 1,000,000
-
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 1,000,000
- tJ CLAIMS MADE [!] OCCUR
MED EXP (AIr)! ooe porson) $ 25,00C
A X Contractual liab PERSONAL & ADV INJJRY $ 1, 000, OOC
f-- 2,000,OOC
GENERAl AGGREGATE $
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODLK:TS. COMP/OP AGG $ 2, 000, OOC
~ POLICY [Xl ~a [XlLOC
AUTOMOBILE LlABlLrTY BUA247843223 09/30/2003 09/30/2004 COMBINED SINGLE LIMIT
X (Ea acddenl) $ 1, 000, OO<J
ANY AUTO
X ALL OWNED AUTOS BODILY INJURY
- (Po, porson) $
SCHEDLlED AUTOS
A -
X HIRED AUTOS BODILY INJURY
X (Po, accident) $
NON-OWNED AUTOS
X Contractual Liab PROPERTY DAMAGE
- (Po, accidenl) $
GARAGE LlABlLrTY AUTO ONLY. EA ACCIDENT $
=1 ANY AUTO OTHER THAN EA ACC $
AUTO ONl. Y: AGG $
EXCESSlUMBRELlA LlABlLrTY CUP2068179760 09/30/2003 09/30/2004 EACH OCCURRENCE $ 10, 000, OOC
~. OCCUR 0 CLAIMS MADE AGGREGATE $ 10,000,OOC
A $
~ DEDUCTIBLE $
X RETENTION $ 10,00C $
WORKERS COMPENSATION AND WC247843268 09/30/2003 09/30/2004 X I ~{[~"Ws I 10TH-
ER
EMPLOYERS" LIABUTY EL EACH ACCOENT $ 1,000,00<J
B ANY PROPRIETORlPARTNERlEXECunVE
OFFICERlMEMBER EXCLUDED? NO EL DISEASE. EA EMPLOYEE $ 1,000, roc
W~i;~t~g~r~ bolow EL DISEASE. POLICY LIMIT $ 1 000.000
P~Pessional/Pollutio P42303 09/30/2003 09/30/2004 $1,000,000 limits
C rt liability Ea Claim and Annual Aggregate
CLAIMS-MADE FORM 11/11/1961 Retrodate
~~ESCRJPTlON OF OPERATIONS' LOCATIONS 'VEHICLES' EXCLUSIONS ADDED BY ENDORSEMEI'lT' SPECIAL PROVISIONS
e: 065-2821-03/CJD
rhe City of Boynton Beach is named as additional insured on the General 1 iabil ity, excluding
)rofessional services. Issuing companies will provide 30 days written notice of cancellation.
un. n~.. I.Il.Tlnt./
SHOULD AN'( OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Boynton Beach, City of ...J2.... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOlDER NAMED TO THE LEFT,
Attn: Paul Fleming BUT FALURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBlIGATION OR LIABLrTY
124 E. Woolbright Road OF AN'( KIND UPON THE INSURER, ITS AGENTS OR REPRESEI'lTATlVES.
Boynton Beach, Fl 33425 AUTHORIZED REPRESENTATIVE ~.,b:.Q~
Meade Collinsworth/EEC
ACORD 25 (2001/08)
@)ACORD CORPORATION 1988
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGA TlON IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
The City of
Boynton Beach
(((
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Phone (561) 742-6400
FAX: (561)742-6298
!......,..,.,
<":i Y Or
ern; c,BOYNTON
i..ERK's or8fACH
03Dfe FleE
I S PH 3: 36
OFFICE OF THE DIRECTOR OF UTILITIES
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 12, 2003
RE: 2-Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C .
D
N
D
oples ate o. escnptIon
1 Original Agreement - PBS & J
1 Proof of Insurance
REMARKS: Please provide a certified copy to PHS & J and file accordingly.
CC: Procurement Services
Karen Riseley
SIGNED: UG,flc/ /;J /;)03
.PBS'
~
An employee-owned company
Dec. 11, 2003
Barbara Conboy
Manager, Utilities Administration
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
RE: Consultant Agreement for Two-Year General Consulting and Engineering Contract
Dear Ms. Conboy:
Enclosed is executed original of the above referenced Consultant Agreement as required.
Also included is the Certificate of Liability Insurance, naming the City of Boynton Beach
as additional insured, per Attachment 'A'.
Please provide a certified copy ofthe fully executed Consultant Agreement for our
records.
Sincerely,
~~Z;
Division Manager
Enclosures (2)
3230' Commerce Place, Suite A · West Palm Beach, Florida 33407 · Telephone: 561.689)275 . Fax: 561.689.3884 . www,pbsj,com
The City of
Boynton Beach
err
~ i'" '...... ,-- - n"..... ~ ..! ~ -...,
".r. ! dr [;1;; "I i uN P::-A i"'LI
," '~'V "I _.~,,,. ,.,,_1-'<'...1
\. I I l, ... 'i' ~ ('; r. r: r (',,-
-- .-.1 \. \,J "'"': I I ,...;t.
Utilities Department
124 E, Woolbright Road
Boynton Beach, Florida 33435
Phone (561) 742-6451
FAX (561)742-6298
C3 DEe II PH 3; 54
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 11, 2003
RE: 2 Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C
D
N
D
oples ate o. escnptlOn
1 Original Agreement - Wantman Group, Inc.
1 Proof of Insurance
REMARKS: Please provide a certified copy for the Wantman Group and file accordingly.
CC: Procurement Services
Karen Riseley
SIGNED: U ~ b))O~
c~:rhe City of Bovnton Beach
l~
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.t1.us
www.boynton-beach.org
December 16,2003
Mr. David Brobst
Client Services Manager
Wantman Group, Inc.
901 Northpoint Parkway, Suite #204
West Palm Beach, FL 33407
RE: RESOLUTION #R03-182 - SCOPE C -INFRASTRUCTURE IMPROVEMENTS
Dear Mr. Brobst:
Attached please find a certified copy of the resolution mentioned above including
attachments for your files.
If you have any questions concerning this, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
ET M. PRAINITO, CMC, CITY CLERK
C: Barb Conboy
Procurement Services
Karen Riseley
America's Gateway to the Gulfstream
The City of Bovnton Beach
City Clerk's Office
100 E BOYNfON BEACH BLVD
BOYNfON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
CERTIFICATION
I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that a copy of Resolution R03-182 consisting of two
pages plus 13 attachments are true and correct copies as they appear in the
records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 16th day of December 2003.
.~
ET M. PRAINITO, CMC, CITY CLERK
S:\CC\WP\certifications\certification - JP - sailfish.doc
America's Gateway to the Gulfstream
RESOLUTION NO. R03 _ / ~:;z...
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING
TWENTY COMPANIES AS GENERAL CONSULTANTS
FOR ENGINEERING SERVICES; ACCEPTING
NEGOTIATED RATES OF COMPENSATION FOR
SERVICES; AUTHORIZING EXECUTION OF
CONTRACTS; AND PROVIDING AN EFFECTIVE DATE.
,
. I
i i
, I
I!
I jrecommendation of staff, hereby deems it to be in the best interests of the citizens and
; I
! residents of the City of Boynton Beach, to designate twenty engineering firms as being
I
,
WHEREAS, the City Commission of the City of Boynton Beach, upon
qualified to provide consulting engineering work for the City's Utility Department, and to
accept negotiated rates of compensation for services, and authorize execution of contracts
with each of the twenty (20) companies;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The City Commission of the City of Boynton Beach, Florida does
hereby designate the following twenty engineering firms as being qualified to provide
consulting engineering work for the City's Utility Department, accepts the negotiated rates of
compensation for services, and authorizes execution of agreements, as follows:
Arcadis, Geraghty & Miller;
Boyle Engineering Corporation;
Brown & Caldwell
Camp Dresser & McKee, Inc.;
CH2M Hill, Inc.;
Craig A. Smith & Associates;
Crossroads Engineering, Inc.;
Global Tech, Inc.;
Hartman & Associates, Inc.;
Kimley-Horn & Associates, Inc.;
LBFH, Inc.;
S:\CA\RESO\Agreements\Consultant - Engineering Services 11 0403.doc
Lawson, Noble & Webb, Inc.;
Marco Water Engineering;
Matthews Consulting, Inc.;
Metcalf & Eddy, Inc.;
PBS & J Corporation;
SFRN, Inc.;
Stanley Consultants, Inc.;
URS Corporation;
Wantman Group, Inc.;
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this -ti- day of November, 2003.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
p~
."~ .
Commissioner
S:\CA\RESO\Agreements\Consultant - Engineering Services 110403.doc
Ii D 3/1~~
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Wantman Group. Inc, hereinafter referred to as "Consultant", in consideration of
the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
. WHEREAS, the City Commission on Nfl 1/, /1 , 2003, accepted the City
Administration's recommendation and designated Consultant as one of 15 qualified consulting
firms for Scope C to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-l
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional s~ce does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms
for Scope C which will be assigned projects listed on Exhibit "A" and that the City has made
no representation or promise regarding which projects or the number of projects that will be
assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services.-shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof: including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting capcellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON- WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members ofthe Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations ofthis agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
WantmanGroup. Inc.
901 NorT.hpoinT. Pkwy, 8T.p.. ?,04
West Palm Beach, FL 33407
Attn: David Brobst. Client Services Manager
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this ~ day of N CVeM her
, 20 63 .
CITY OF BOYNTON BEACH
~
Kurt Bressner, CIty Manager
Attest! Authenticated:
Rev. 04/08/03
CA-6
Title
~
(Corporate Seal)
Attest! Authenticated:
~".~~
-
Secretary
EXHffiIT A
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
. Water Main Replacement
. Interconnections
. Sanitary Sewer Line, Repair, Rehabilitation, Replacement
. Inflow & Infiltration Studies/Repair
. Wastewater Pump Station Rehabilitation/Expansion & Analysis
. Pump SizinglExpansion/Improvements
. Stormwater Management
. Swale and Drainage DevelopmentJImprovements
. Outfalls
. Roadway and Transportation
. Neighborhood Improvements
. Lighting
. Sidewalks
. Park Amenities
. Other Related services
,
'\ \,
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal) $150 Joel Wantman, P .E.
President and Chief Executive Officer
with involvement in more complex
technical or administrative issues.
Client Service Manager $130 David Brobst, P .E.
P .E. with more than 25 years
experience who will be the City of
Boynton Beach's primary contact.
Senior Project Manager $120 David Wantman, P .E.
P.E. or P.S.M. with more than 15 Robin Petzold, P.S.M.
years experience who will lead
individual work assignments.
Project Engineer $85 Jeremy Botto, E.I.
P.E. or E.I. with an Engineering John Hall, E.I.
Degree who will complete Jimmy Richie, E.I.
assignments. Derek Schenavar, E.I.
J. D. Whitaker, E.I.
Scientist
N/A
Senior Designer
N/A
Designer
N/A
Senior Engineer/Hydrogeologist
N/A
Engineer/H ydrogeologist(T echnical
Specialist)
N/A
Senior Professional Surveyor/Mapper $110 Joe Shatto, P.s.M.
P.S.M. with more than 20 years Pat Volpe, P.S.M.
experience who will complete
assignments.
Wantman Group, Inc.
2003 Rates
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper $85 Mitch Jarrells, P.S.M.
P.S.M. or L.I.T. with more than 5
years experience who will complete
assignments.
Engineering/Survey Technician $75 Jason Alvarez
Non-registered individual who will Joanne Brito
complete assignments. Paul Colburn
Senior Field Representative
(Professional)
N/A
Survey Crew $165 4 man crew
Field survey crew led by a party chief $130 3 man crew
than may contain one or crew $100 2 man crew
members.
GIS Specialist
N/A
Graphics Specialist
N/A
Senior Inspector $75 George Price, G.c.
Individual who does not have a degree
and who will be observing and/or
administering construction activity.
GPS Equipment
Senior Administrative Support $45 Kate Fontaine
Administrative Support $30 Rachel TerMors
Wantman Group, Inc.
2003 Rates
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
N/A
Aerial Photogrammetry
Will be handled as a subconsultant.
Computer System Analysis
N/A
Rate Study
N/A
Financial Services
N/A
Instrumentation and Control Services
N/A
Human Resource Services
N/A
Data Acquisition and Control Services
N/A
Direct Costs - Mark-up % 10%
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub- 10% Stephen Boruff, Inc
consultants Land Design South, Inc.
Smith Engineering Consultants
Tierra, Inc.
Bridge Design Associates, Inc.
Wantman Group, Inc.
2003 Rates
5
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Senior Project Engineer $100 Jerry Saval. P.E.
P.E. or P.S.M. with more than 10 Gary Williams, P.E.
years experience who will lead
individual work assignments.
Utility Locates "Soft Dig" $180 N/A
Wantman Group, Inc.
2003 Rates
6
ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MMlDD/YY)
12/04/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tampa, FL 33622-2668
813 289-5200 INSURERS AFFORDING COVERAGE
INSURED INSURER A: St. Paul Fire & Marine
Wantman Group, Inc. INSURER B: St. Paul Fire & Marine
901 Northpoint Pkwy, Suite 204 INSURER c: Security Ins of Hartford
West Palm Beach, FL 33407 INSURER D:
I INSURER E:
Client#. 5436
WANTGR03
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE iNSURED NAMED ABOVE FOR THE POLICY PERIOD iNDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMiTS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS.
~~: TYPE OF INSURANCE POLICY NUMBER P81'fY EFFECTIVE P~iifl,~S!~~N LIMITS
A ~NERAL LIAB'UTY BK01289571 10/18/03 10/18/04 EACH OCCURRENCE $1 000000
~ OM ERCIAL GENERAL L1AB ILITY FIRE DAMAGE (Anyone fire) $300 000
f-- CLAIMS MADE [X] OCCUR MED EXP (Anyone person) $10.000
f-- PERSONAL & mv INJURY $1 000.000
f-- GENERAL AGGREGATE $2 000 000
n'L AGGREfl LIMIT APPLIES PER: PRODUCTS .COMP/OP AGG $2 000 000
POLICY ~~RT n LOC
B ~OMOBILE UABILlTY BA01574641 10/10/03 10/10/04 COMBINED SINGLE LIMIT
~ ANY AUTO (Ea accident) $1,000,000
- ALL OWNED AlJTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
~ HIRED AlJTOS BODILY INJURY
~ NON-OWNED AUTOS (Per aoddent) $
PROPERTY DAMAGE $
(Per accident)
RRAGE LlABIUTY AUTO ONLY - EA ACCIDENT $
At-lY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS UABILITY EACH OCCURRENCE $
D OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND WVA772901 09/18/03 09/18/04 IT1.~~T~J,\i.-., I iOJ);!-
EMPLOYERS' L1ABIUTY $1.000,000
E.L. EACH ACCIDENT
E.L. DISEASE. EA EMPLOYEE $1,000,000
E.L. DISEASE . POLICY LIMIT $1.000.000
C OTHER AEE0223978 07/01/03 07/01/04 $1,000,000 ea claim
Professional $2,000,000 ann agg
...iabilitv
DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Professional Liability is written on a claims made basis.
CERTIFICATE HOLDER I I ADDITIONAlINSURED"NSURERLETTER: CANCELLATION
SHOULD ANYOF TH E ABOVE DESCRIBED POlICIES BE CANCELLED BEFORE TH E EXPIRAllON
The City of Boynton Beach DATE THEREOF, THE ISSUING 'NSURER WILL ENDEAVOR TO MAIL 30....- DAYS WRITTEN
124 E. Woolbright Road NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TODOSOSHAlL
Boynton Beach, FL 33435 IMPOSE NO OBLIGATION OR LIAS 11ITY OF ANY KIND UPON THE 'NSURER,ITS AGENTS OR
REPRESENTATIVES.
AA.RIZED REPRESENTATIVE
I _..~- t:: ..:7. *. - ~
ACORD 25-S (7/97)1 of 2
#582072/M79951
KDR
@ ACORD CORPORATION 1988
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
N/A
Aerial Photogrammetry
Will be handled as a subconsultant.
Computer System Analysis
N/A
Rate Study
N/A
Financial Services
N/A
Instrumentation and Control Services
N/A
Human Resource Services
N/A
Data Acquisition and Control Services
N/A
Direct Costs - Mark-up % 10%
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub- 10% Stephen Boruff, Inc
consultants Land Design South, Inc.
Smith Engineering Consultants
Tierra, Inc.
Bridge Design Associates, Inc.
Wantman Group, Inc.
2003 Rates
5
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD25-S(7/97)2 of 2 #S82072/M79951
The City of
Boynton Beach
cr
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Phone (561) 742-6451
FAX: (561)742-6298
'r~. ,
',' /1.: ....
. ,. ,:'~ . ~.""l l
';:" 1'/:>-
, . {;~ 0/1 r-._
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....'.. /"\ "y." <c',:,,-,.:;')J.J
. ~ '. /...., 'i
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'., (,'
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 23, 2003
RE: 2 Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
Copies Date No. DescnptlOn
1 Original Agreement - Hartman & Associates
1 Proof of Insurance
REMARKS: Please file accordingly.
CC: Procurement Services
Karen Riseley
SIGNED: ~~t /2,23-03
IV () ,3-llf/'~
,
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Hartman & Associates. Inc., hereinafter referred to as "Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on IV HI, It, 2003, accepted the City
Administration's recommendation and designated Consultant as one of 15 qualified consulting
firms for Scope C and one of nine (9) qualified consulting firms for Scope D to provide general
engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-l
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms
for Scope C and one of nine (9) consulting firms for Scope D which will be assigned projects
listed on Exhibit "A" and that the City has made no representation or promise regarding
which projects or the number of projects that will be assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) of services contemplated under this agreement
and that it will retain and assign qualified profes~ionals to all assigned projects during the
term of this Agreement. Consultant's services.-shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general1iability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON- WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
I-!af~()17 +- Asoc/~~s, 'JS;e-,
/,-
do I ~ocJr;?~ Sk:..-tJ~/t;; 2/ocJo
I
Ot{pV1~f), ~L ~? FO /
I -
111&: J: hi es aYi'~hur, U~ fJ-c4/ct.;-
/
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this ~ day of
NDvember
CITY OF BOYNTON BEACH
~
Kurt Bressner, City Manager
Attest! Authenticated:
Rev. 04/08/03
,20 0.3.
v;~ fh-~/'IV1r
J
Title
(Corporate Seal)
CA-6
EXHIBIT A
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
. Water Main Replacement
. Interconnections
· Sanitary Sewer Line, Repair, Rehabilitation, Replacement
· Inflow & Infiltration Studies/Repair
· Wastewater Pump Station Rehabilitation/Expansion & Analysis
· Pump Sizing/Expansion/Improvements
· Stormwater Management
· Swale and Drainage Development/Improvements
. Outfalls
· Roadway and Transportation
· Neighborhood Improvements
. Lighting
. Sidewalks
. Park Amenities
. Other Related services
SCOPE D: ANCILLARY STUDIES and SERVICES
· Rate Analysis
· Accounting Procedures
· Revenue Bonds
· Risk Management
· Employee Training
· Performance Measurement & Organizational Management
· NPDES Permitting
· Vulnerability Assessments
· Master Plan Updates
· Clean Air Act Compliance
· Consumer Confidence Report
· Consumer Satisfaction Survey
· Wastewater Capacity Analysis
· Hydraulic Analysis
· Power Analysis
· Geographic Information Systems
· Aerial Photogrammetry & Photography
· Process Controls & Instrumentation
· Data Acquisition and Control Services (DACS)
· Supervisory Control & Data Acquisition (SCADA)
· Other Related Services .
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal) $225.00 James Christopher, P.E.
19:5.~3
~ If,iJ?-r- JO-.J2.C6
Client Service Manager $160.00 Ralph Terrero, P.E., DEE
Senior Project Manager $150.00 Rod Cashe, P .E.
Troy Layton, P .E.
Jill Hudkins, P.E.
Project Engineer $85.00 Jarrett Kinslow, E.I.
Burl Reardon, E.I.
Brian Foulkes, E.I.
Scientist $85.00 Alexis McKinnon
Kirsten West
Senior Designer $95.00 Scott Neumeyer
Tim Calzaretta
Designer $70.00 Karl Bryant
Eliezer Cuevas
Senior EngineerIHydrogeologist $160.00 Jon Fox, P.E.
i Lj3c} John Toomey, P.E.
~ Idler be2). 03 Douglas Dufresne, P.G.
EngineerIHydrogeologist $120.00 Charles Parker, P .E.,
(Technical Specialist) 1/800 Lauren Springer, P .E.
~ leJlQr /0.:12.63
Senior Professional Surveyor/ Subconsultant
Mapper
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper Subconsultant
Engineering/Survey Technician Subconsultant
Senior Field Representation $160.08- Emmett Owens, P .E.
(Professional) JI'SeJ)
~ I-Ltw IC)'):J.CD
Survey Crew Subconsultant
GIS Specialist Analyst $70.00 Betty Morris
Graphics Specialist $75.00 Jon Owen
Senior Inspector Subconsultant
GPS Equipment
Senior Administrative Support $60.00 Sharon Angel
Jean Valadez
Administrative Support $55:00 Michelle Ramos
5,; .2 5 Mary Beth Ellis
~ leJ.#er /O.J.2.og
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional $65.00 Sally Alfieri
Ann Gawthrop
Aerial Photogrammetry
Computer System Analysis $95.00 Tim Calzaretta
Rate Study/ $120.00 Tara Hollis, CPA, MBA
Management Consultant
Financial Services/ $170.00 Mike Rocca, CMC
Division Manager
Instrumentation and Control Subconsultant
Services
Human Resource Services
Data Acquisition and Control Subconsu1tant
Services
Direct Costs - Mark-up % ~
Office, reproduction, mailings, etc. ID90
5~ /fJ#rr ID.,)t) 03
Direct Costs - Mark-up % +5%
Subconsultant /010
:5fLe, Ji!_Jl.()r /o.JJ.-03
5
EXHIBIT B
HARTMAN & ASSOCIATES, INC.
OFFICERS
engineers, hydrogeologists, surveyors & management consultants
A Tetra Tech Company
ASS()ClATES'
Gerald C Hartman, FE.. DEE
Harold E. Schmidt.Jr.. PI:., DEE
.lames E. Christopher. PE
Charle~ W. Drake. P(;
1\l;)rk A. Rvnning, I~E" \UtA
\Villiam '), -'lasser, FE.. PII
Michael B. Bomar. PE
Lawrence E..Ic:nkins. PS.\l
SE'\lI()R ASS()(:IATI:S
HAl# 03.0190.MOO
lames E. (,okkn, PC;
Anl!rt'w'!', \'('oodcock.I~E_, .'.t.B.A.
John P Toomey, PE
Jen;lifer 1.. \Xioodail. P E
LTodd Shaw. PE.
Rafad A. Tcrn.:ro. FE.. DEE
Jill .\1. HlHJkins. PE.
Daniel ,\1. :'\Je1s011. PE
Valerie C. Davis. pc.;
Charles .\1. Shultz. PE
Sean M. Parks,AICI~ QEP
C \lichdle (;;1\'101"<.1
rara 1.. Hollis. C.PA., ,\{B.A
\V. Bruce Lafrenz. PC;
-\il'xis K. Stewart. PE
Ada R. Terrero
October 22, 2003
Marco II. Rocca. CM,C
Roderick K. Castw. PE
Douglas P I>ufn:sne, PC;
Jon D. Fox, PE
Tro, I. LtYl<HJJi(i1tacsimile & UPS Overnight Mail
Ms. Barbara Conboy
Manager, Utilities Administration
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach Florida 33435
RECEIVED
OCT 2 3 21m
BOYtfI'OHE\CHUTIUDES
Subject:
General Consulting and Engineering Services
Dear Ms. Conboy:
This letter is in response to your letter of October 10, 2003, relative to the billing rates submitted to you
for the proposed continuing engineering contract under scopes C and D of your Request for Proposals.
We have reviewed the rates for the classifications in question and are providing to you below our
proposed modified rates for these classifications. In general, I have used the rate for the similar
classification that is on our current hourly rate schedule of our existing contract or if that rate was in
excess of the 20 percent you indicated in your letter, I reduced the proposed rate to the average plus 20
percent. The revised rates are summarized below:
Classification
Proposed Rate
$193.33
$143.00
$113.00
$115.00
$ 52.25
10 percent
Project Director (Principal)
Senior EngineerIHydrogeologist
EngineerIHydrogeologist (Technical Specialist)
Senior Field Representative (Professional)
Administrative Support
Direct Cost - Markup
We trust that the revised rates proposed above will be acceptable to the City in accordance with the
guidance provided in your letter. If further revisions are required, please feel free to contact me.
Very truly yours,
mes E. Christopher, P.E.
Vice President
JEC/sma/03.0190.MOO/corresp/Conboy-2.jec.doc
cc: Ralph A. Terrero, P.E., DEE, HAl
Michele Gaylord, HAl
201 EAST PINE STREET . SUITE 1000 . ORLANDO, FL 32801-2723
TELEPHONE (407) 839-3955. FAX (407) 839-3790. www.consulthai.com
A TETRA TECH COMPANY (Offices Nationwide)
ORLANDO FORT MYERS FT. LAUDERDALE JACKSONVILLE DESTIN ATlANTA
ACORDN CERTIFICATE OF LIABILITY INSURANCE OP 10 L~ DATE (MM/DDIYYYY)
HARTM-1 09/09/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Lyons Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Powdermill Square HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3844 Kennett Pike, Suite 210 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Wilmington DE 19807
Phone: 302-658-5508 Fax:302-658-1253 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Hartford Fire Insurance Co. 19682
INSURER B: Twin City Fire Insurance Co.
Hartman & Associates, Inc. INSURER C: American Intl. Special tv Lir es
201 East Pine St. Su~te 1000 INSURER D:
Orlando FL 32801
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY DATE (MM/hDNYi' LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1000000
I--
A X X COMMERCIAL GENERAL LIABILITY 44UUNFU3205 10/01/03 10/01/04 PREMISES (Ea occurence) $ 300000
f-- :=J CLAIMS MADE ~ OCCUR
MED EXP (Anyone person) $ 10000
f--
PERSONAL & ADV INJURY $ 1000000
I--
GENERAL AGGREGATE $ 2000000
I--
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000
n . !xl PRO- n
POLICY X JECT LOC
AUTOMOBILE LIABILITY 10/01/031 COMBINED SINGLE LIMIT $ 1,000,000
f--
A X ~ ANY AUTO 44UENFU33 0 1 10/01/04 (Ea accidenl)
ALL OWNED AUTOS BODILY INJURY
I-- $
SCHEDULED AUTOS (Per person)
f--
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
f-- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5000000
A X 8 OCCUR D CLAIMS MADE 44XHUFU0785 10/01/03 10/01/04 AGGREGATE $ 5000000
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X I TORY LIMITS I IUlH-
ER
B EMPLOYERS' LIABILITY 44WBRMP3350 10/01/03 10/01/04 E.L. EACH ACCIDENT $ 1000000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERlMEMBER EXCLUDED? 44WNMP3351 10/01/03 10/01/04 E.L. DISEASE - EA EMPLOYEE $ 1000000
If yes, describe under EL. DISEASE - POLICY LIMIT $ 1000000
SPECIAL PROVISIONS below
OTHER
C Profess./Pollution 1952583 10/01/03 10/01/04 See Below For Limits
E&O Leaal Liab
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
LIMITS: $5,000,000 Ea. CL./$5,OOO,OOO Agg. and $250,000 Retention Ea. Cl.
CLAIMS MADE FORM: Maximum for all claims during the policy year.Cert. holder
is named as additional insured as respects general liabili ty
and automobile liability coverages only. .
CERTIFICATE HOLDER
City of Boynton Beach
c/o H. Barbara Conboy
Utilities Department
124 E Woolbright Road
Boynton Beach FL 33435
CANCELLATION
CIBOB02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AU THO REPRESENTATIY.
@ACORD CORPORATION 1988
ACORD 25 (2001/08)
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
201 EAST PINE STREET . SUITE 1000 . ORLANDO, FI 328RECEIVED
TELEPHONE (407) 839-3955 · FAX (407) 839-3955 DEe 222003
LETTER OF TRSANSMITT A~~RTOKBEACHUTIL\T(ES
TO: Ms. Barbara Conboy, Manager Date: Dec. 9,2003 I Job No.: 03.0197.MOO
City of Boynton Beach FR: James E. Christopher, P.E.
Utilities Department RE: Consultant Agreement
124 E. Woolbright Road
Boynton Beach, Florida 33435
Weare Sending You C8J Attached
Under separate cover
the following items:
D Shop Drawings
D Copy of letter
D Prints
D Change Order
D Plans
D
D Reports
D Specifications
COPIES DATE NO. DESCRIPTION
1 12/1 0/03 Executed Consultant Agreement
THESE ARE TRANSMITTED as checked below:
F or review and comment
FOR BIDS DUE:
D Approved as submitted
D Approved as noted
D Returned for
corrections
D
D Resubmit _ copies for approval
D Submit _ copies for distribution
D Return _ corrected prints
D
D
D
D
D
F or approval
For your use
As requested
PRINTS RETURNED AFTER LOAN TO US
REMARKS: .
Attached is the original executed Consultant Agreement as requested. Also included is the
Certificate of Profesisonal Liability Insurance.
COPY TO File
IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY SAL ALFIERI AT 407-839-3955 EXT. 211
~
The Citq ol Boqnton Beach
((~ .
~
Citlj Clerk's GUice
100 E BOYNTON BEACH BLVD
BOYNTON BEACH R. 33435
(561)742-6060
FAX (561)742-6090
e-mail: prainitoj@ci.boljnton-beachll.us
www.boynton-beach.org
December 29,2003
Mr. Blake C. Guillory, P.E.
Division Manager
Post, Buckley, Schuh & Jernigan, Inc.
3230 Commerce Place, Suite A
West Palm Beach, FL 33407
RE: Resolution #R03-182 plus attachments
Dear Mr. Guillory:
Attached please find a copy of the resolution mentioned above for General Consulting and
Engineering Services made with Post, Buckley, Schuh & Jernigan, Inc. including attachments
for your information and files.
If you have any questions, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
C: Barb Conboy, Utilities
Procurement Services
Karen Risley
America's Gateway to the Gulfstream
The CitQ ol Boqnton Beach
Cf(
City Clerk's OHice
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561)742-6060
FAX: (561)742-6090
e-mail: prainitoj@ci.boynton-beachll.us
www.boynton-beach.org
CERTIFICATION
I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida,
do hereby certify that the attached copy of Resolution #R03-182, consisting of 16
pages (including exhibits), is a true and correct copy as it appears in the records
of the City of Boynton Beach, Florida. The agreement is for General Consulting
and Engineering Services made between the City of Boynton Beach and Post,
Buckley, Schuh & Jernigan, Inc.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 29th day of December, 2003.
NET M. PRAINITO, CMC, CITY CLERK
(SEAL)
America's Gateway to the Gulfstream
~)
RESOLUTION NO. R03 _ /~.:;2..
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING
TWENTY COMPANIES AS GENERAL CONSULTANTS
FOR ENGINEERING SERVICES; ACCEPTING
NEGOTIATED RATES OF COMPENSATION FOR
SERVICES; AUTHORIZING EXECUTION OF
CONTRACTS; AND PROVIDING AN EFFECTIVE DATE.
,
, ,
i i
I ! WHEREAS, the City Commission of the City of Boynton Beach, upon
I jrerommendation of staff, herehy deems it to be in the best interests of the citizens and
! residents of the City of Boynton Beach~ to designate twenty engineering firms as being
I
,
.
qualified to provide consulting engineering work for the City's Utility Department, and to
accept negotiated rates of compensation for services~ and authorize execution of contracts
with each of the twenty (20) companies;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The City Commission of the City of Boynton Beach~ Florida does
hereby designate the following twenty engineering firms as being qualified to provide
consulting engineering work for the City~s Utility Department~ accepts the negotiated rates of
ompensation for services, and authorizes execution of agreements, as follows:
Arcadis, Geraghty & Miller;
Boyle Engineering Corporation;
Brown & Caldwell
Camp Dresser & McKee, Inc.;
CH2M Hill, Inc.;
Craig A. Smith & Associates;
Crossroads Engineering, Inc.;
Global Tech. Inc.;
Hartman & Associates, Inc.;
Kimley-Horn & Associates, Inc.;
LBFH, Inc.;
S:\CA\RESO\Agreements\Consultant - Engineering Services 110403.doc
Lawson, Noble & Webb, Inc.;
Marco Water Engineering;
Matthews Consulting, Inc.;
Metcalf & Eddy, Inc.;
PBS & J Corporation;
SFRN, Inc.;
Stanley Consultants, Inc.;
URS Corporation;
Wantman Group, Inc.;
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this Ii- day of November, 2003.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
p~
~~?---
.,,-'
Commissioner
S:\CA\RESO\Agreemeots\Consultant - Engineering ServIces 110403.doc
Il t 3.-fr2-
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to @
as "City", andf'BS&J, Ill"'. d/b/a PBS&J, hereinafter referred to as "Consultant", in
consideration ihe mutual benefits, terms, and conditions hereinafter specified.
fQSI, j3UCJQEY, SCHUH & JERNIGAN, INC.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on NO ~/,;<{ , 2003, accepted the City
Administration's recommendation and designated Consultant as one of 15 qualified consulting
firms for Scope C to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope ofthe Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-I
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms
for Scope C which will be assigned projects listed on Exhibit "A" and that the City has made
no representation or promise regarding which projects or the number of projects that will be
assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services.-shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of$I,OOO,OOO. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON- WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
'E/4k~ ~A://("/'I, /~ I.~.
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:3"~ 5 (') CO JA-1- '-'"-f e v~ ;J!o. ~/5Tc- /1-
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!cJ~~T /~,h""1 6~",-c-J:. ,/c-L .33407
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this ~ day of
Nov'eMkle(
,20~.
CITY OF BOYNTON BEACH
~
Kurt Bressner, City Manager
Attest! Authenticated:
frJ,
Rev. 04/08/03
CA-6
PBS&J
JLA.~
Consultant
Richard A. Wickett
Qudrman of the Boerd
Title
(Corporate Seal)
Attest! Authenticated:
~ J. /~
Becky S. Schaffer
SecretarY
EXHIBIT A
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
. Water Main Replacement
. Interconnections
. Sanitary Sewer Line, Repair, Rehabilitation, Replacement
. Inflow & Infiltration Studies/Repair
. Wastewater Pump Station Rehabilitation/Expansion & Analysis
. Pump Sizing/Expansion/Improvements
. Stormwater Management
. Swale and Drainage Development/Improvements
. Outfalls
. Roadway and Transportation
. Neighborhood Improvements
. Lighting
. Sidewalks
. Park Amenities
. Other Related services
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Employees
Rate Identified
Project Director (Principal) $185.00 Blake Guillory,P .E.
Bob Morell, P.E.,D.E.E.
Bob Ortiz, P.E., D.E.E.
Ken Wilson, P.E.,
D.E.E.
Gerald Carrigan,P.E.
Moris
Cabezas,PhD.P .E.D.E.E.
Larry Hentz,P.E.,D.E.E
William Brown, AlA,
UBCI
Client Service Manager $185.00 Blake Guillory, P.E.
Senior Project Manager $150.00 Patricia Carney, P .E.
Phillip Dover, P .E.
Douglas Dycus,P .E.
JoAnn Jackson, P.E.
Raul Mercado, P .E.
Doug Norris, P.E.
Steve Starr, P.E.
Bill Whidden, P.E.
Wayne
Mather,P .E.D.E.E.
Prasad
Chittaluru,PhD.P .E.
Hermann Konrad, P .E.
David Carter,CCE,EI
Enrique Gonzalez
Bernard Ward
Norris Smith
Project Engineer $ 95.00 Christopher Niforatos,
P.E.
Joe Diaz,P.E.
Sara Sciotto,P.E.,
Kathleen Farrell,P.E.
Jason Garz,P .E.
Jeremy McBryan, P.E.
Scientist $ 70.00 Adam Gelber
Mark Henry
Senior Desi2ner $ 60.00 Mike Hellyer
Deshmer $ 55.00 Alex Delgado
SeniorEngineer/Hydrogeologist $130.00 GeoffBurke, P.G.
Phillip Cook,P.G.
Engineer/Hydrogeologist $ 95.00 Kevin Dorsey, P.G.
(TechnicaISpecialist)
Senior Professional Surveyor/Mapper $1~ Carlos DelValle, P.S.M.
I ~S. OD
~J..J~4 IO-Ifc ~O3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Employees
Rate Identified
Professional Surveyor/Mapper S132.00 Roberto Mantecon, PSM
, o-sd'
~Il (~4kr b .Ire (.J
Engineering/Survey Technician $ 70.00 Alexis Rodriguez
Raul Perez de Alejo
Senior Field Representative $ 77.00 David Carter, CCE,EI
(professional) Enrique Gonzalez
Juan Moreno
Armando Amet, ill
UBCI,SBCCI
Survey Crew
4-person crew $153.00 Various individuals
3-person crew $127.00
2-person crew $100.00
GIS Specialist $ 95.00 Patrick Sipple
Diana Umpierre
Graphics Specialist $ 70.00 Marion Kase
Julie Forgione
Senior Inspector $~ Joseph Salazar, SET
qOCxJ Armando Amet, ill,
UBCI,SBCCI
~/e41'" /0-!f,63
GPS Equipment $ 35.00 Gerald Sanders
Raul Torres
Allen Welch
Senior Administrative Support $ 52.00 Sharon Durick
Administrative Support $ 40.00 Adele Forman
\ "
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Employees
Rate Identified
Paraprofessional N/A
Aerial Photogrammetry N/A
Computer System Analysis $ 80.00 Shane McIntyre
David Stackhouse
Rate Study $ 1'66:00 Marc Walch
Ik>lb Donna Huey
~ leJJer 10-/(".(;3
Financial Services $ 170.00 Karen Keese
Marc Walch
Instrumentation and Control Services $ 140.00 Daniel Schmidt, P .E.
Human Resource Services N/A
Data Acquisition and Control Services N/A
Direct Costs - Mark-up % Actual Copy
Office, reproduction, mailing, etc. Cost Mail
Fax
Phone
Mileage $0.36/mi.
Direct Costs-Mark-up % sub- 1.10 Hillers Electrical
Consultants Engineering, Inc.
Sunshine
\ Communications
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Employees
Rate Identified
Senior Right of Way Agent $ 95.00 Rudy Mitjah
Jim Durako
Eric Watkins
Right of Way Agent $ 80.00 Deborah Korleski
Adam Stehly
Planner $115.00 Dale Siska, AlCP
Erin Degutis, AICP,
ASLA
Junior Engineer $ 75.00 Sarah Houghland, E.!.
Holly Urban, E.I.
Brent Whitfield, E.!.
Landscape Architect $110.00 David Larson, RLA
Harry Belton, RLA
Senior Architect $115.00 Gary Smith, AlA
Jay Anderson, AlA
Jeff Warmington, AlA
Architect $ 80.00 Lori-Ann Ridley
Alex Camps
Paul Simmonds
\
PBSf
~
EXHIBIT B
An employee-owned company
October 16, 2003
RECEIVED
OCT 2 l 2003
BOYtiTONBCHUTU.\1IES
Ms. Barbara Conboy
Manager, Utilities Administration
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
Subject: Re-examination of Proposed Billing Rates
Scope C: Infrastructure Improvements and Repairs
General Consulting and Engineering Services Contract
Dear Ms. Conboy,
Weare in receipt of your October 10, 2003 letter requesting re-examination of rates for
certain billable classifications. We offer the following adjustments:
Classification
Adiusted Rate
Senior Professional Surveyor!
Mapper
$125.00
Professional SurveyorlMapper
$105.00
Senior Inspector
$90.00
Rate Study
$160.00
These rates, while still above the City's average rates, are below the 20 percent threshold.
We trust that this information will be acceptable to the City. If you have any further
questions, please do not hesitate to call us.
Sincerely,
~~
Vice President, Division Manager
Cc: Peter V. Mazzella, P.E.
3230 Commerce Place, Suite A · West Palm Beach, Florida 33407 · Telephone: 561.689.7275 . Fax: 561.689.3884 . www.pbsj.com
ACORQ CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MMlDDIYYYY)
12/05/2003
PRODUCER (305)822-7800 FAX 3058270585 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Collinsworth, Alter, Fowler, Dowling ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
& French Group Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 9315
"~ami lakes, Fl 33014-9315 INSURERS AFFORDING COVERAGE NAIC#
RED Post, Buckley, Schuh, & Jernigan, Inc. INSURER A Continental Casualty Company A V
d/b/a PBS&J INSURER B: American Casualty Co Reading A V
2001 NW 107 Avenue INSURER C lloyds of london A- XV
Miami, Fl 33172-2507 INSURER D
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY Gl247843206 09/30/2003 09/30/2004 EACH OCCURRENCE $ 1,000,00<J
""x COMMERCIAL GENERAL L1ABWY DAMAGE TO RENTED $ 1,000,00<J
>-- =:J CLAIMS MADE [!] OCCUR
MED EXP (Any one person) $ 25,00<J
>--
A X Contractual liab PERSONAL & ADV INJURY $ 1,000,00<J
GENERAL AGGREGATE $ 2,000,00<J
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2,000,000
h [Xl PRO- [Xl LOC
POLICY JECT
AUTOMOBILE LIABILITY BUA247843223 09/30/2003 09/30/2004 COMBINED SINGLE L1MrT
X ANY AllTO $
(Ea accident) 1,000,000
X ALL OWNED AUTOS BODILY INJURY
f-- (Per person) $
SCHEDULED AllTOS
A I--
X HIRED AllTOS BODILY INJURY
I-- (Per aCCIdent) $
X NON-OWNED AUTOS
T Cont ractua 1 liab PROPERTY DAMAGE
- (Per accident) $
GARAGE LIABILITY AllTO ONLY - EA ACCIDENT $
R ANY AUTO Oll-lER ll-IAN EA ACC $
AllTO ONLY AGG $
ffiESSlUMBRELLA LIABILITY CUP2068179760 09/30/2003 09/30/2004 EACH OCCURRENCE $ 10,000,000
X OCCUR D CLAIMS MADE AGGREGATE $ 10,000,00<J
A $
~ DEDUCTlBLE $
X RETENTlON $ 10, OOC $
WORKERS COMPENSATION AND WC247843268 09/30/2003 09/30/2004 X I ~~l~ I IOEW
EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ 1,000,00<J
B ANY PROPRIETORIPARTNERlEXECUTlVE
OFFICERlMEMBER EXCLUDED? NO EL DISEASE - EA EMPLOYEE $ 1,000,000
~~e~c?tc~~M~~~NS below EL DISEASE - POLICY L1MrT $ 1 000 000
OTHEj, P42303 09/30/2003 09/30/2004 $1,000,000 limits
Pro essional/Pollutio
C n liability Ea Claim and Annual Aggregate
CLAIMS-MADE FORM 11/11/1961 Retrodate
~ESCRJPTlON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
e: 065-2821-03/CJD
~he City of Boynton Beach is named as additional insured on the General 1 iabil ity, excluding
professional services. Issuing companies will provide 30 days written notice of cancellation.
n.,..
''l.TION
SHOULD AN'( OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
....lO..... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Boynton Beach, City of
Attn: Paul Fleming
124 E. Woolbright Road
Boynton Beach, Fl 33425
OF AN'( KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Meade Collinsworth/EEC
. ~-
.i714~:." _4...~!/
A-.;0RD 25 (2001/08)
@)ACORDCORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
A\..uRD 25 (2001/08)
The City of
Boynton Beach
Q(
Utilities Department
/24 E. Woolbright Road
Boynton Beach. Florida 33435
Phone (56/) 742-6400
FAX: (56/)742-6298
, '-
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OFFICE OF THE DIRECTOR OF UTILITIES
LETTER OF TRANSMITTAL
TO: Janet Pranito, City Clerk
DATE:
December 12, 2003
RE: 2- Year Contract - General Engineering Services
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C
D
N
D
oples ate o. escnotlOn
1 Original Agreement - PBS & J
1 Proof of Insurance
REMARKS: Please provide a certified copy to PBS & J and file accordingly.
CC: Procurement Services
Karen Riseley
SIGNED: er,j~{;jJd' ;j brJ3
PBS'
~
An employee-owned company
Dec. 11, 2003
Barbara Conboy
Manager, Utilities Administration
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
RE: Consultant Agreement for Two-Year General Consulting and Engineering Contract
Dear Ms. Conboy:
Enclosed is executed original of the above referenced Consultant Agreement as required.
Also included is the Certificate of Liability Insurance, naming the City of Boynton Beach
as additional insured, per Attachment 'A'.
Please provide a certified copy of the fully executed Consultant Agreement for our
records.
Sincerely,
~S:~
Division Manager
Enclosures (2)
3230 Commerce Place, Suite A · West Palm Beach, Florida 33407 · Telephone: 561.689.7275 . Fax: 561.689.3884 . www.pbsj,com
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
December 16,2003
Mr. David Brobst
Client Services Manager
Wantman Group, Inc.
901 Northpoint Parkway, Suite #204
West Palm Beach, FL 33407
RE: RESOLUTION #R03-182 - SCOPE C -INFRASTRUCTURE IMPROVEMENTS
Dear Mr. Brobst:
Attached please find a certified copy of the resolution mentioned above including
attachments for your files.
If you have any questions concerning this, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
ET M. PRAINITO, CMC, CITY CLERK
C: Barb Conboy
Procurement Services
Karen Riseley
America's Gateway to the Gulfstream
-
.tie City of Bovnton Beach
City Clerk's Office
100 E BOwrON BEACH BLVD
BOwrON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
CERTIFICATION
I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that a copy of Resolution R03-182 consisting of two
pages plus 13 attachments are true and correct copies as they appear in the
records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 16th day of December 2003.
.~
ET M. PRAINITO, CMC, CITY CLERK
S:\CC\WP\certifications\certification - JP - sailfish.doc
America's Gateway to the Gulfttream
Ii D 3-,,1t:~
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Wantman Group. Inc, hereinafter referred to as "Consultant", in consideration of
the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance of the City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on NI) ~/, I? , 2003, accepted the City
Administration's recommendation and designated Consultant as one of 15 qualified consulting
firms for Scope C to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-l
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms
for Scope C which will be assigned projects listed on Exhibit "A" and that the City has made
no representation or promise regarding which projects or the number of projects that will be
assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest ofthe City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services.-shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof: including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration ofthis
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent ofthe City.
NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, ifthe City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
Wantman Group, Inc.
901 Nort.hpoint. Pkwy, Rt.p. 204
West Palm Beach, FL 33407
Attn: David Brobst. Client Services Manager
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATEDthis~dayof NoveMber
,2063.
CITY OF BOYNTON BEACH
~
Kurt Bressner, City Manager
Attest! Authenticated:
Rev. 04/08/03
CA-6
(flh
Title
(Corporate Seal)
Attest! Authenticated:
.Y~~
-
Secretary
EXHmIT A
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
. Water Main Replacement
. Interconnections
. Sanitary Sewer Line, Repair, Rehabilitation, Replacement
. Inflow & Infiltration Studies/Repair
. Wastewater Pump Station Rehabilitation/Expansion & Analysis
. Pump SizingJExpansion/Improvements
. Stormwater Management
. Swale and Drainage Development/Improvements
. Outfalls
. Roadway and Transportation
. Neighborhood Improvements
. Lighting
. Sidewalks
. Park Amenities
. Other Related services
, ,
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal) $150 Joel Wantman, P.E.
President and Chief Executive Officer
with involvement in more complex
technical or administrative issues.
Client Service Manager $130 David Brobst, P .E.
P.E. with more than 25 years
experience who will be the City of
Boynton Beach's primary contact.
Senior Project Manager $120 David Wantman, P .E.
P.E. or P.S.M. with more than 15 Robin Petzold, P.S.M.
years experience who will lead
individual work assignments.
Project Engineer $85 Jeremy Botto, E.!.
P.E. or E.!. with an Engineering John Hall, E.!.
Degree who will complete Jimmy Richie, E.!.
assignments. Derek Schenavar, E.!.
J. D. Whitaker, E.!.
Scientist
N/A
Senior Designer
N/A
Designer
N/A
Senior Engineer/Hydrogeologist
N/A
Engineer/H ydrogeo 10gist(T echnical
Specialist)
N/A
Senior Professional Surveyor/Mapper $110 Joe Shatto, P.S.M.
P.S.M. with more than 20 years Pat Volpe, P.S.M.
experience who will complete
assignments.
Wantman Group, Inc.
2003 Rates
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper $85 Mitch Jarrells, P.S.M.
P.S.M. or L.I.T. with more than 5
years experience who will complete
assignments.
Engineering/Survey Technician $75 Jason Alvarez
Non-registered individual who will Joanne Brito
complete assignments. Paul Colburn
Senior Field Representative
(Professional)
N/A
Survey Crew $165 4 man crew
Field survey crew led by a party chief $130 3 man crew
than may contain one or crew $100 2 man crew
members.
GIS Specialist
N/A
Graphics Specialist
N/A
Senior Inspector $75 George Price, G.C.
Individual who does not have a degree
and who will be observing and/or
administering construction activity.
GPS Equipment
Senior Administrative Support $45 Kate Fontaine
Administrative Support $30 Rachel TerMors
Wantman Group, Inc.
2003 Rates
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
N/A
Aerial Photogrammetry
Will be handled as a subconsultant.
Computer System Analysis
N/A
Rate Study
N/A
Financial Services
N/A
Instrumentation and Control Services
N/A
Human Resource Services
N/A
Data Acquisition and Control Services
N/A
Direct Costs - Mark-up % 10%
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub- 10% Stephen Boruff, Inc
consultants Land Design South, Inc.
Smith Engineering Consultants
Tierra, Inc.
Bridge Design Associates, Inc.
Wantman Group, Inc.
2003 Rates
5
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Senior Project Engineer $100 Jerry Saval. P.E.
P.E. or P.S.M. with more than 10 Gary Williams, P.E.
years experience who will lead
individual work assignments.
Utility Locates "Soft Dig" $180 N/A
Wantman Group, Inc.
2003 Rates
6
ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MMlDDNY)
12/04/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
,0. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
3mpa, FL 33622-2668 ,
13 289-5200 INSURERS AFFORDING COVERAGE
e---. ----------- .- --- - - ------ ----..----.--..- ------ __n ------ -- - ----- --- -
INSURED INSURER A St. Paul Fire & Marine
Wantman Group, Inc. --- ---- _..,------------ ----------- -- -
INSURER B: St. Paul Fire & Marine
901 Northpoint Pkwy, Suite 204 -- - ------ - ----- -
INSURER C: Security Ins of Hartford
West Palm Beach, FL 33407 INSURER D:
---- ------ - -- ---- ------- -- - -- -
I INSURER E:
Client#. 5436
WANTGR03
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER P~l!fl/~IT,~g~ POLICY EXPIRATION LIMITS
TR OAT
A ~NERAL LIABILITY BK01289571 10/18/03 ! 10/18/04 ! EACH OCCURRENCE 1$1,000,000
JL OM ERCIAL GENERAL L1AB ILlTY FIRE DAMAGE (Anyone fire) $300,000
CLAIMS MADE I)(l OCCUR I 1$10,000
>---- I MED EXP (Anyone person)
>---- I PERSONAL & ADV INJURY ! $1,000,000
f--- I GENERAL AGGREGATE i $2,000,000
n'L AGGREAE LIMIT APPLIES PER: I PRODUCTS -COMP/OP AGG i $2.000 000
POLICY I ~b'P,: n LOC i
B ~OMOBILE LIABILITY BA01574641 10/1 0/03 10/10/04 I 'OM"~O """ UMn }1,OOO,OOO
lL ANY AUTO (Ea aCCIdent)
-- - ----------
-- --
ALL OWNED AUTOS BODILY INJURY !$
SCHEDULED AUTOS (Per person)
-- I - -- - - -
,~ HIRED AUTOS BODILY INJURY
$
iX NON-OWNED AUTOS (Per accident)
---- noo_____ --- -- - --- - -
I
- --- -------- -- - i PROPERTY DAMAGE $
I (Per accident)
~RAGE LIABILITY _AUTC:) ONLY - EA ACCI[)E'~T_ ....L__ -~----- - -
ANY AUTO I EA ACC $
i ~0~6~~t~~ AGG $
I
EXCESS LIABILITY ; EACH OCCURRENCE $
::::J. OCCUR ! ! CLAIMS MADE I AGGREGATE i$
1$
~ DEDUCTIBLE i $
RETENTION $ i$
B WORKERS COMPENSATION AND WVA772901 09/18/03 09/18/04 ~TATU- I 10TH-I
EMPLOYERS' LIABILITY __ LIMJIS..l LER.T -
E.L. EACH ACCIDENT $1,000,000
: E.L. DISEASE - EA EMPLOYEE $1,000,000
i EL DISEASE - POLICY LIMIT I $1 000.000
C OTHER AEE0223978 07/01/03 107/01/04 $1,000,000 ea claim
Professional I $2,000,000 ann agg
iLiabilitv i
DESCRIPTION OF OPERATIONS/LOCATIONSlVEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Professional Liability is written on a claims made basis.
CERTIFICATE HOLDER i i ADDmONALINSURED'INSURERLETTER: CANCELLATION
r SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION
The City of Boynton Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30-_ DAYS WRITTEN
124 E. Woolbright Road NOTICE TOTH E CERTIFICATE HOLDER NAMED TOTHELEFT, BUTFAJLURE TODOSOSHALL
Boynton Beach, FL 33435 1M POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH E INSURER.ITS AGENTS OR
I REPRESENTATIVES.
A71RIZED REPRESENTATIVE
I - ~ "'/.. *' )
ACORD 25-S (7/97)1
of2
#S82072/M79951
KDR
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (7/97)2 of 2 #S82072/M79951
//
'~ 1/
~ (Yv The City of Boynton Beach
vr-
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(
City Clerk's Office
100 E BOwrON BEACH BLVD
BOwrON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.t1.us
www.boynton-beach.org
December 16, 2003
Lisa A. Tropepe, P.E.
Vice President
SFRN, INC.
1201 Belvedere Road
West Palm Beach, FL 33405
RE: Resolution #R03-182 - GENERAL ENGINEERING SERVICES
Dear Ms. Tropepe:
Attached please find a certified copy of the resolution mentioned above including
attachments for your files.
If you have any questions concerning this, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
ET M. PRAINITIO, CMC, CITY CLERK
C: Barb Conboy, Utilities
Procurement Services
Karen Riseley
masS:\CC\WP\Letters\Letters by Mary Anne\SFRN.doc
America's Gateway to the Gulfstream
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
CERTIFICATION
I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that a copy of Resolution R03-182 consisting of two
pages plus 12 attachments are true and correct copies as they appear in the
records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 16th day of December 2003.
.p~
ET M. PRAINITO, CMC, CITY CLERK
S:\CC\WP\certifications\certification - JP - sailfish.doc
America's Gateway to the Gulfstream
RESOLUTION NO. R03 - / r:.~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING
TWENTY COMPANIES AS GENERAL CONSULT ANTS
FOR ENGINEERING SERVICES; ACCEPTING
NEGOTIATED RATES OF COMPENSATION FOR
SERVICES; AUTHORIZING EXECUTION OF
CONTRACTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
lrecommendation of staff, hereby deems it to be in the best interests of the citizens and
i
residents of the City of Boynton Beach, to designate twenty engineering firms as being
qualified to provide consulting engineering work for the City's Utility Department, and to
accept negotiated rates of compensation for services, and authorize execution of contracts
with each of the twenty (20) companies;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The City Commission of the City of Boynton Beach, Florida does
hereby designate the following twenty engineering firms as being qualified to provide
consulting engineering work for the City's Utility Department, accepts the negotiated rates of
compensation for services, and authorizes execution of agreements, as follows:
Arcadis, Geraghty & Miller;
Boyle Engineering Corporation;
Brown & Caldwell
Camp Dresser & McKee, Inc.;
CH2M Hill, Inc.;
Craig A. Smith & Associates;
Crossroads Engineering, Inc.;
Global Tech, Inc.;
Hartman & Associates, Inc.;
Kim1ey-Hom & Associates, Inc.;
LBFH, Inc.;
S:\CA\RESO\Agreements\Consultant - Engineering Services 11 0403.doc
Lawson, Noble & Webb, Inc.;
Marco Water Engineering;
Matthews Consulting, Inc.;
Metcalf & Eddy, Inc.;
PBS & J Corporation;
SFRN, Inc.;
Stanley Consultants, Inc.;
URS Corporation;
Wantman Group, Inc.;
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED thiS.ti- day of November, 2003.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
~~
~---
~~/~~~- .
Commissioner
S:\CA\RESO\Agreements\Consultant - Engineering Services 11 0403.doc
,;? o3-IY:2.
AGREEMENT
for
GENERAL CONSULTING AND ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and SFRN. Inc., hereinafter referred to as "Consultant", in consideration of the mutual
benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for Consulting and
General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065-
2821-03/CJD; and
WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include
design services, permitting, bidding services, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and
transmission; and other assignments logically tied to the development, operation and
maintenance ofthe City of Boynton Beach Utility Department; and
WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as
Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfie1d Development
and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary
Studies and Services; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055,
the Consultants' Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope(s) of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on No!,/. If , 2003, accepted the City
Administration's recommendation and designated Consultant as one of 15 qualified consulting
firms for Scope C and one of nine (9) qualified consulting firms for Scope D to provide general
engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
CA-l
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
A. Individual projects in which construction costs do not exceed $1,000,000.00, or
B. Individual study activity when the fee for such professional service does not exceed
$50,000.00
C. For engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
D. Design build projects
3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be
assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s)
Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms
for Scope C and one of nine (9) consulting firms for Scope D which will be assigned projects
listed on Exhibit "A" and that the City has made no representation or promise regarding
which projects or the number of projects that will be assigned to Consultant.
4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to Consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best
interest of the City.
5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant by way of an executed task order. Consultant
shall perform all services and provide all work product required pursuant to this agreement
and the specific task order, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted in conjunction with the renewal every two years at the request of the Consultant
and following approval by the City. Approval of rate changes shall be by resolution of the
City Commission.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant 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.
CA-2
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
OWNERSlllP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
if executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City
that it is competent to engage in the scope(s) 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. Consultant's services.-shall meet a standard of care for professional
engineering and related services equal to or exceeding the standard of care for engineering
professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability, or any portion
thereof, including reasonable attorneys' fees and costs, arising from any injury or death to
persons, including but not limited to injuries, sickness, disease, or death to Consultant's own
employees or agents, or damage to property, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees.
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.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of$I,OOO,OOO. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. CertIficates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA-3
INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deduction federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or ay 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.
DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members ofthe Consultant and the City, if the City so chooses.
c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days
written notice to the City.
CA-4
DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
Attn: Paul Fleming, Senior Project Manager
Notices to Consultant shall be sent to the following address:
SFRN, Inc.
1201 Belvedere Road
West Palm Beach, FL 33405
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-5
DATED this ~ day of NO"~M bel
CITY OF BOYNTON BEACH
~
Kurt Bressner, City Manager
Attest! Authenticated:
'M.
Rev. 04/08/03
, 20 0.3.
~~
~((>E - {)t'28Qc oel'JT
Title
(Corporate Seal)
CA-6
Exhibit A
SCOPE C: INFRASTRUCTURE IMPROVEMENTS
. Water Main Replacement
. Interconnections
· Sanitary Sewer Line, Repair, Rehabilitation, Replacement
. Inflow & Infiltration Studies/Repair
. Wastewater Pump Station Rehabilitation/Expansion & Analysis
. Pump Sizing/Expansion/Improvements
. Stormwater Management
. Swale and Drainage Development/Improvements
. Outfalls
. Roadway and Transportation
· Neighborhood Improvements
. Lighting
. Sidewalks
. Park Amenities
. Other Related services
SCOPE D: ANCILLARY STUDIES and SERVICES
. Rate Analysis
. Accounting Procedures
. Revenue Bonds
. Risk Management
· Employee Training
· Performance Measurement & Organizational Management
. NPDES Permitting
. Vulnerability Assessments
. Master Plan Updates
. Clean Air Act Compliance
· Consumer Confidence Report
· Consumer Satisfaction Survey
· Wastewater Capacity Analysis
· Hydraulic Analysis
· Power Analysis
· Geographic Information Systems
· Aerial Photogrammetry & Photography
· Process Controls & Instrumentation
· Data Acquisition and Control Services (DACS)
· Supervisory Control & Data Acquisition (SCADA)
· Other Related Services
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
SCOPE D
Classification Hourlv Rate Emplovees Identified
Project Director (Principal) $145.00 Keith Jackson
Gary Rayman
C. Andre Rayman
Client Services Manager $145.00 Lisa Tropepe
Project Engineer $ 84.00 Kyle Grandusky
Allen Green
Designer $ 58.00 Olive Henry
Senior Professional Surveyor/Mapper $ 90.00 Bob Wise
Engineering/Survey Technician $ 67.00 Mike Brienza
Survey Crew $116.00 Hector Gonzalez
(3-person crew) Robert Fullwood
Ed Colvin
GPS Equipment & Crew $180.00 Hector Gonzalez
Robert Fullwood
Ed Colvin
Senior Administrative Support $ 52.00 Thea W orthingstun
Debbra Haynoski
Tashia Kenty
Administrative Support $ 44.00 Donna Lacourse
David Bolton
Paraprofessional $ 59.00 Christine Geffken
Direct Costs - Mark-up % 10%
Office, reproduction, mailing, etc.
Direct Costs - Mark-up %
Sub-consultants 10%
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
SCOPE C
Classification Hourlv Rate Emnlovees Identified
Project Director (Principal) $145.00 K. Dan Shalloway
Keith Jackson
Brian LaMotte
Gary Rayman
C. Andre Rayman
Client Services Manager $145.00 Lisa Tropepe
Senior Project Manager $110.00 Terrence Bailey
Project Engineer $ 84.00 Kyle Grandusky
Allen Green
Designer $ 58.00 Olive Henry
Senior Professional Surveyor/Mapper $ 90.00 Bob Wise
Engineering/Survey Technician $ 67.00 Mike Brienza
Senior Field Representative $ 84.00 Position currently
(Professional) vacant
Hector Gonzalez
GPS Equipment & Crew $180.00 Robert Fullwood
~ le-/&r JalQJ{ /OJDL!d Colvin
Senior Administrative Support $ 52.00 Thea W orthingstun
Debbra Haynoski
Tashia Kenty
Administrative Support $ 44.00 Donna Lacourse
David Bolton
Paraprofessional $ 59.00 Christine Geffken
Direct Costs - Mark-up % 10%
Office, reproduction, mailing, etc.
Direct Costs - Mark-up %
Sub-consultants 10%
FILE No.411 12/03 '03 17:36
ID:ACORDIA WPB
FAX:
PAGE
Vi
.....
C~8TIFICATEOF INSURANCE NL
19.910
ISSUE DATE (IAM/ODIYY)
:ORDIA-WPB DIVISION
11 S. FLAGLER DR. #600
:ST PALM BEACH FL 33401-5914
HN (561) 655-5500
AX (561) 655-5509
COMPANY A VALLEY FORGE INS CO (CNA)
LETTER
COMPANY 8 CNA (V. O. SCHINNERER)
~ETTER
p"ODUCeA
FRN, INC DBA
HALl,OWAY ENGINEERING
201 BELVEDERE ROAD
EST PALM BEACH, FL 33405
THIS IS TO C~RTFV THAT THE POLICIES OFIINCE lIST/:O 61:lOW HAVE' B~EN ISSuEO TO THE ~~~D ~p AIlOVE F~I1E POLICY PeRIOD
INDICATEO NOlWrItlSTANDING ANY ReQU TERM Oft CONDfTlO.N.OF ANY ~TAACT OROT OOCU I\I'l'WfTH AE: CTTO~HlHlS
CERTIFJCA.TE MAY 8f! ISSUED Oft MAY PERT IN, HE INSURANCE AFFORDED BY THE ILICIES DloSC D H~IIS SUBJEO'T ALL THE TEAM6.
EXCLUSION6 AND CONDITIONS OF 6UCH PO.1e 6. LIMITS SHOWN MAV HAVE BEEN QUCEO BY PAID CLAIMS.
COMPANY C CITIZENS PROPERTY INS CO
LETTER
COIAPA,",Y 0 CONTINENTAL CAS CO (CNA)
~ETTER
COMPANY E
~ETTER
:OMMERC'AL GENERAL ~IAa'LiT
lAIMS MADE[i]OCCUR
OWNER'S & CONTRACTOR'S PAOT.
1043219176\VALFO
POLICY EfFECTIVE pOl-ICY I!llPI"ATlO
DATf (MM/OO/vY) DATE (MMIDOIVY)
LI~ITS
TYPe! OF INSURANCE "OLlCY NUlile!R
BINDER61190
2/13/03 12/13/04 QeNtRA~ACOCORE(jATE '2
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1043219176\VALFO 12/13/03 12/13/04
AEA004312292\CON 5/29/03 5/29/04
D'&l!A6E .POLICY liMIT S
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CLAIMS MADE
11 250
ERTIFICATE HOLDER IS AN ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY
o DAYS NOTICE FOR NON PAYMENT OF PREMIUM
~"T"~TE'.~..'
~.rg.'.'.
SHOUI.O ANV Of THE ABOVE OESCRI8EO PoLICES BE CANCELLED 8EFORE THE
EXPIRATION 01. TE THEREOf. THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL..3...0...- OAVS WRITTEN NOllCE TO THE CERTFICATE HOLDER NAMED TO THE
LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KINO UPON THE COMPANY, ITs AGENTS OR REPRESfNTATIVES,
-.....
CITY OF BOYNTON BEACH
UTILITIES DEPARTMENT
124 E WOOLBRIGHT RD
BOYNTON BEACH FL 33435
,.~".'j",
OfH)~~'l1/11)f
".... 'w......l.., a ru_ uv' rlClIlUa rdXIU: ~~q-4/4-6506 To- Chnstine Geffken
Date: 12/4103 0905 AM Page: 2 of 2
ACORD. CERTIFICATE OF LIABILITY INSURANCl;dJ~ y~ I)A TE (MMlDDIYV)
12/04/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONL Y AND CONfERS NO RIGHTS UPON THE CERTIFlCA TE
USI Florida - Boca HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
301 Yamato Road AL TER THE COVERAGE AfFORDED BY THE POUCIE5 BELOW.
Boca Raton FL 33431-4919
Phone: 561-999-0232 Fax:561-999-9526 INSURERS AFFORDING COVERAGE
i
INSURED :1"~SU~:R .; Associated Industries Ins. Co.
I
I
d/b/a Shalloway Engineering I INSURER::
SFRN i :NSURE;;: ~
I
1201 Belvedere Road ! "'JSURER :.
West Pa1m Beach FL 33405
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,>W' ,~E:;~A,''; - :!\SJRM'_:'::: AFFCi:fJEC: 3Y ~HE FOL ICiES DESC;:(IBED >--:-=~E::~ S S'J8JECT TO ALL THE TE;;:~S E)(CLUS10NS AND CONDiTIONS OF SuCH
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I~: lYPE OF INSURANCE : POLICY NUMBER i DATE (M'ioimom) I DATE (MMIDOIYV) LIMITS
LIABILllY , I : EACH OCC'JRRE:\CE .
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WORKERS COMPENSATION AND , ~bR~ ~-~~~is "- -
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DESCRIPTION OF OPERATlONS/LOCATIONSNEHlCLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
COVERAGES
CERTIFICATE HOLDER
N ADDmONAL INSURED: INSURER LETTER'
City of Boynton Beach
Attn: Barbara Conboy,
Utilities Department
124 East Woolbright Road
Boynton Beach FL 33435
ACORD 25-5 (7/97)
CI'1'YBOY
CANCELLATION
SHOULD APort OF THE ABOVE DESCRIBED POLICIES BE CANCELlED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ..1.L DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLOER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF APort KINO UPOlII THE INSURER. ITS AGENTS OR
REPRESENTATIVES.
AUTHO REPRESENTATIVE
C21ACORD CORPORATION 1988
EXHIBIT B
.-, 'Ne
Engineers Surveyors GIS Mappers
K. Daniel Shalloway, P.E.
Gary M. Rayman, P.S.M.
Warren H. Newell
Brian 1. LaMotte, P.E.
Keith B. Jackson, P.E.
Lisa A. Tropepe, P. E.
Shalloway Engineering
RECEIVED
OCT 21DS
Via Fax and Mail
I ' I I ,:: It, '! I i I :.
October 20, 2003
Barbara Conboy, Manager
Utilities Department
City of Boynton Beach
135 E. Woolbright Road
Boynton Beach, FL 33435
Re: Certified Letter #7003 1010000063009521
Dated October 10,2003
Dear Ms. Conboy:
This is in response to your letter regarding our rates for GPS Equipment/Crew of
$180.00. That rate is for a 3-person crew using a base station and 2 roving units. We
will accept your rate of $71.68 for a 1-person crew using a sub meter accurate unit.
Thank you very much for your consideration.
Very truly yours,
~O-~
Lisa A. Tropepe, P.E.
Vice President
LAT/cg
1201 Belvedere Road
Vest Palm Beach, FL 33405
561) 655- Jl51
Fax 832-9390
info@sfrninc.com
www.sfrninc.com
CONBOY 09-23-03
SFRN #03018