R00-104RESOLUTION NO. R00-/~¢d
a RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
APPROVING AN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND SHALLOWAY, FOY; RAYMAN &
NEWELL, INC., FOR TH DESIGN, PERMI1-FING, BIDDING
SERVICES AND CONSTRUCTION SERVICES IN THE
COSTA BELLA SUBDIVISION;; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE SAID
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, has
deemed it to be in the best interests of the citizens and residents of the City of
Boynton Beach to enter into an Agreement between the City of Boynton Beach and
Shalloway, Foy, Rayman &Newell, Inc,. in the amount of $48,595.00, for the design,
permitting, bidding services, and construction services in the Costa Bella subdivision;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COHHISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby authorize and approve an Agreement between the City of Boynton Beach
and Shalloway, Foy, Rayman &Newell, Inc,. in the amount of $48,595.00, for the
design, permitting, bidding services, and construction services in the Costa Bella
subdivision, which Agreement is attached hereto as Exhibit "A".
Section 2. The Mayor and City Clerk are authorized and directed to execute
said Agreement.
Section 3.
passage.
This Resolution shall become effective immediately upon
PASSED AND ADOPTED this /8 day of 3uly, 2000.
CFT'Y BOY ~O B ACH, FLO. RiDA
Commissioner
'Cit~Clerk
II ( Corp,,~tr~. ~J~.')',,,,,
s:~k~rkShalloway- C~sta ~lla 06~0
,. Engineers SurveyorsMappers
, Shalloway. Fey __
Rayman & Newell, lnc.
Jay G. Foy, P.E.
Gary M. Rayman, P.S.M.
Warren H. Newell
Brian J. LaMotte, P.E.
Keith B. Jackson, P.E.
Mark G. Law, Deputy Utility Director
City of Boynton Beach
134 East Woolbright Road
Boynton Beach, FL 33435
RE: COSTA BELLA
SFRN PROJECT #00017
June 23,2000
Dear Mark,
It is our pleasure to submit to you our proposal to perform the engineering design
and permitting for the flooding in the Costa Bella neighborhood. We have analyzed the
asbuilt and survey information you gave us and have baSed this proposal on a
combination of acquiring additional land for retention and improving the outfall system.
Depending on the degree of storage protection and budget there are various options to
both the retention and discharge components that will need to be examined.
This proposal does not include any costs for the acquisition and coordination of
property or related services such as lot surveys, appraisals or legal fees.
SCOPE OF WORK
PHASE I - DESIGN AND PERMITTING
I. Survey
Obtain topographic and location survey information for the proposed outfall
pipe running to the south through the church property and west to the E-4
Canal.
B. Confirm topographic information obtained from the City of Boynton Beach.
1201 Belvedere Road
West Palm Beach, FL 33405
(561) 655-I 151
Fax 832-9390
shalloway@s f r n i n c.com
www. sfrninc.com
Sub Total $ 3,480.00
LAW06-23-O0
SFRN #00017
PAGE 1
*11.
III.
IV,
Engineering Design
A. Analysis the present surface water management system to determine stages.
Meet with South Florida Water Management District and
Drainage District to discuss the plans prior to final design
submittal. '
Lake Worth
and permit
C. Compute stage-storage calculations for the contributing drainage basin.
D. Present up to three (3) different variations to the system analyzing the use of
one or several existing lots for retention.
E. Meet with City staff to discuss the options and costs associated with each.
Design of a separate out*fall through the church property to the south and
along Old Boynton Road to the C-4 Canal. This outfall may incorporate
drainage from the church site as a trade-off for the establishment of a
drainage easement.
Preparation of a complete set of engineering construction plans, calculations
and specifications for the project.
Sub Total $17,500.00
Permit Application Submittal
A. Prepare permit applications to the following agencies:
South Florida Water Management District - Surface Water Management
Lake Worth Drainage District - Discharge
Palm Beach County Engineering Department - Work within the Right-of-
way
Sub Total $ 2,700.00
Permit Follow Up
Permit follow up will be performed on a time and expense basis per the
attached Fee Schedule (Discounted Rate) with a not-to-exceed without prior
authorization amount of $7,500.00
Budget $7,500.00
PHASE I TOTAL $31,180.00
LAW0~-23-00
SFRN fR0017
PAGE 2
PHASE II - BIDDING AND CONSTRUCTION COORDINATION
I. Bidding
II.
A.
Co
Prepare bid package including plans, specifications,
standard City of Boynton Beach forms and documents
Coordinate and attend the pre-bid meeting.
Respond in writing to questiOns from bidders.
and the appropriate
Issue and coordinate any needed addenda and distribute addenda to all
bidders.
Coordinate and attend the bid opening meeting.
Advise the City on the apparent Iow bidder and make recommendations.
Total for Bidding
$ 5,910.00
Construction Coordination
Perform field observations and provide written reports.
Sub Total $ 6,105.00
B. Review pay requests and make recommendations to the City.
Sub Total $1,700.00
Review change order requests and make recommendations to the City.
Sub Total $1,300.00
Prepare and submit certifications and record drawings to all applicable
governmental agencies.
Sub Total $ 2,400.00
Total for Construction Coordination $11,$05.00
PHASE II TOTAL $17~416.00
GRAND TOTAL - PHASES I & II $ 48.595,00
SFRN
PAGE 3
V. Reimbursables
VI.
All office administration costs incurred by SFRN attributable to this project will
be invoiced monthly to the client. These expenses typically include, but are
not limited to, processing fees, submittal fees, reproduction costs, travel
expenses and long distance telephone calls, etc.
Additional Work
A. If any additional services are needed we will perform this work on a time and
expense basis per the attached Fee Schedule (Discounted Rate).
If this proposal is acceptable please execute both originals and return one to our
office. If you have any questions please do not hesitate to call.
Very truly yours,
Vice President
BJL/thw
Attachment
AUTHORIZATION:
PROJECT:COSTA BELLA
SFRN PROJECT #00017
I hereby authorize Shalloway, Foy, Rayman & Newell, Inc. to perform the above
services:
.,ho ze, ,,..e
~ &
I am am not
The Owner is:
the Owner of the property.
~y Name)
(Name)
(Address)
LAW05-23.00
SFRN #00017
PAGE 4
Engineers Surveyors Mappers
$&olloWoy.. Foy
hymoa & Newell, le¢.
Gary M. Rayman, P.S.M.
Warren H. Newell
Brian J. LaMolle, P.E.
Keith B. Jackson, P.E.
SHALLOWAY, FOY, RAYMAN & NEWELL, INC.
FEE SCHEDULE
(10/01/97)
REGULAR DISCOUNTED
RATE RATE
PRESIDENT $ 195.00 $ 150.00
EXPERT WITNESS 195.00 160.00
PRINCIPAL 165.00 130.00
PROJECT MANAGER 120.00 90.00
LAND SURVEYOR 110.00 85.00
COMPUTEPJGIS TECH 80.00 66.00
FIELD REPRESENTATIVE 120.00 90.00
TECHNICIAN 75.00 60.00
ADMINISTRATIVE ASSISTANT 45.00 40.00
3 PERSON SURVEY CREW 125.00 95.00
2 PERSON SURVEY CREW 105.00 80.00
CLERICAL 40.00 35.00
The Client shall pay all direct expenses such as reproduction
costs, long distance telephone, travel and mileage.
1201 Belvedere Road
West Palm Beach, FL 33405
(561) 655-1151
Fax 832-9390
shallo way@s f r n in c. eom
www. sfrninc:com
97DIS-1
Engineers Surveyors Mappers
Shaliowgy. Foy-. .
~ ' Royman&Neweh,~nc.
K. Daniel Slmlloway, P.E.
]ay G. /:ay,
Gary M. Rayman,
Warren H. Newell
Brian J. LaMotte, P.E.
Keill~ B. Jackson, P.E.
July 6, 2000
Mark G. Law, Deputy Utility Director
City of Boynton Beach
134 East Woolbright Road
Boynton Beach, FL 33435
RE: COSTA BELLA
SFRN PROJECT #00017
Dear Mark,
Enclosed is the tentative schedule to accomplish the Scope of Work as outlined
in our July 5, 2000 proposal. This schedule is based on receiving authorization to
proceed by July 17, 2000.
If you have any questions please do not hesitate to call.
Very truly yours,
Vice President
BJL/thw
Attachment
c: J. Foy, P.E.
1201 Belvedere Road
West Palm Beach, FL 33405
(561) 655-1151
Fax 832-9390
sha/Ioway@s f r n i n c.com
www. sfrninc, com
LAW07-06-00
SFRN #OOO17
PAGE 1
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CONSULTANT AGREEMENT FORM
COSTA BELLA SUBDIVISION STORM WATER IMPROVEMENTS PROJECT
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter
referred to as "the City ", and Shalloway Foy Rayman & Newell, Inc., hereinafter
referred to as "the Consultant ", in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
services in connection with the project designated COSTA BELLA SUBDIVISION
STORM WATER IMPROVEMENTS PROJECT.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on
Exhibit "A" attached hereto, including the provision of all labor, materials, equipment
and supplies.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the
giving of written notice by the City to the Consultant to proceed. Consultant shall
perform all services and provide all work product required pursuant to this agreement
by 12 months from the date written notice is given to proceed, unless an extension of
such time is granted in writing by the City.
4. PAYMENT. The Consultant shall be paid by the City for completed work and for
services rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to Consultant shall not
exceed $48,595.00 without express written modification of the agreement signed by
the City.
b. The Consultant may submit vouchers to the City once per month during the progress
of the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the
Consultant in the amount approved.
c. Final payment of any balance due the Consultant of the total contract price earned
will be made promptly upon its ascertainment and verification by the City after the
completion of the work under this agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary
to complete the work.
e. The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three
(3) years after final payments. Copies shall be made available upon request.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications
and other materials produced by the Consultant in connection with the services rendered
under this agreement shall be the property of the City whether the project for which they
are made is executed or not. The Consultant shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with Consultant's endeavors.
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, defend and hold harmless the City,
its offices, agents and employees, from and against any and all claims, losses or liability,
or any portion thereof, including attorneys fees and costs, arising from injury or death to
persons, including injuries, sickness, disease or death to Consultant's own employees, or
damage to property occasioned by a negligent act, omission or failure of the Consultant.
INSURANCE. The Consultant shall secure and maintain in force throughout the
duration of this contract comprehensive general liability insurance with a minimum
coverage of $1,000,000.00 per occurrence and $1,000,000.00 aggregate for personal
injury; and $1,000,000.00 per occurrence /aggregate for property damage, and
professional liability insurance in the amount of $1,000,000.00.
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 deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of
an employer with respect to Consultant, or any employee of Consultant.
COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has
not employed or retained any company or person, other than a bonafide employee
working solely for the Consultant, to solicit or secure this contract, and that he has not
paid or agreed to pay any company or person, other than a bonafide employee working
solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration contingent upon or resulting from the award or making of this
contract. For breach or violation of this warranty, the City shall have the right to annul
this contract without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed
by it under this agreement, will not discriminate on the grounds of race, color, national
origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
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.The City reserves the right to terminate this agreement at any time by
giving ten (10) days written notice to the Consultant.
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.
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
P.O. Box 310
Boynton Beach, FL 33425 -0310
Attn: PROCUREMENT SERVICES
Notices to Consultant shall be sent to the following address:
Shalloway Foy Rayman & Newell, Inc.
1201 Belvedere Road
West Palm Beach, Fl 33405
1. INTEGRATED AGREEMENT. This agreement, together with attachments or
addenda, represents the entire and integrated agreement between the City and the
Consultant and supersedes all prior negotiations, representations, or agreements
written or oral. This agreement may be amended only by written instrument signed by
both City and Consultant.
DATED this day of " 15 2000.
CITY OF BOYNTON BEACH
lor
Mayor Co at.
Brian J LaMotte, P.E., Vice President
Shalloway, Foy, Rayman & Newell, Inc.
Attest/Authenticated:
Title
etq
(Corporate Seal)
Ci Clerk
Approved as to Form: Attest/Authenticated:
J
Office of the City Attorney `' Secretary
Rev. 1/22/91
COSTA BELLA SUBDIVISION STORM WATER IMPROVEMENTS PROJECT
"Offers from the vendors listed herein are the only offers
RFQ OPENING DATE: MARCH 14, 2000 received timely as of the above receiving date and time.
RFQ OPENING TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
RFQ #: 036 - 2821- 00 /CJD if any, are hereby rejected as late" l !/
VENDORS KIMLEY -HORN & ASSOCIATES PBS &J FRN
4431 EMBARCADERO DRIVE 3222 COMMERCE PLACE, STE. A 1201 BELVEDERE ROAD
WEST PALM BEACH, FL 33407 WEST PALM BEACH, FL 33407 WEST PALM BEACH, FL 33405
561 - 845 -0665 561 - 689 -7275 561- 655 -1151
ATTN: MICHAEL SPRUCE ATTN: RONALD M. ASH ATTN: DAN SHALLOWAY
ANTI- KICKBACK AFFIDAVIT YES YES YES
SUBMITTED
STATEMENT OF BIDDER'S YES YES YES
QUALIFICATIONS
NONCOLLUSION AFFIDAVIT OF PRIME YES YES YES
QUALIFIER
CONFIRMATION OF MINORITY FORM SUBMITTED /NOT A FORM SUBMITTED /NOT A NO
OWNED BUSINESS SUBMITTED MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS
CONFIRMATION OF DRUG -FREE YES YES YES
WORKPLACE SUBMITTED
10 COPIES SUBMITTED YES YES YES
COMMENTS
COSTA BELLA SUBDIVISION STORM WATER IMPROVEMENTS PROJECT •
"Offers from the vendors listed herein are the only offers
RFQ OPENING DATE: MARCH 14, 2000 received timely as of the above receiving date and time.
RFQ OPENING TIME: 2:30 P.M. All other offers submitted in response to this soiidtation,
RFQ #: 036- 2821- 00 /CJD if any, are hereby rejected as Tate"
VENDORS CARR SMITH CORRADINO CRAIG A. SMITH & ASSOCIATES • INGECO USA CORPORATION •
4055 N.W. 97TH AVENUE 1000 WEST MCNAB ROAD 3701 JACKSON STREET, STE. 103
MIAMI, FL 33178 POMPANO BEACH, FL 33069 HOLLYWOOD, FL 33021
954- 777 -0044 954- 782 -8222 954- 987 -4203
ATTN: SHAHIN HEKMAT ATTN: GENE R. SCHRINER ATTN: PATRICK MERKILED
ANTI - KICKBACK AFFIDAVIT YES YES NO
SUBMITTED
STATEMENT OF BIDDER'S YES YES YES
QUALIFICATIONS
NONCOLLUSION AFFIDAVIT OF PRIME YES YES NO
QUALIFIER
CONFIRMATION OF MINORITY FORM SUBMITTED /NOT A FORM SUBMITTED /NOT A FORM SUBMITTED /NOT A
OWNED BUSINESS SUBMITTED MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS
CONFIRMATION OF DRUG -FREE YES YES YES
WORKPLACE SUBMITTED
10 COPIES SUBMITTED YES 12 COPIES 10 COPIES
COMMENTS