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R96-181RESOLUTION NO. R96;/~'/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE PROPOSAL SUBMITTED BY GEE & JENSON, ENGINEERS, ARCHITECTS, PLANNERS, INC., AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID PROPOSAL FOR PROFESSIONAL SERVICES FROM GEE & JENSON, ENGINEERS, ARCHITECTS PLANNERS, INC., AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, has deemed it appropriate and in the best interests of the residents and citizens of the City of Boynton Beach, to accept a proposal by Gee & Jenson, Engineers, Architects, Planners, inc., to provide professional services to the City on an "as-needed" basis; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City of Boynton Beach, Florida does hereby accept the proposal for professional services sub mitted by Gee & Jenson, Engineers, Architects, Planners, Inc., and authorizes the Mayor and City Clerk to execute said proposal which is attached hereto as Exhibit "A", and made a part hereof~ Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /~ day of December, 1996. ATTEST: Ci~ Clerk CITY OF BOYNTC~N BEACH~H~.FLORIDA Mayor ~ - ~~.'~'~Commissio n~e r- ~ / ''"~~//-''''' Commissioner Co~issioner / / December 10, 1996 GEE & JENSON Engineers · Architects * Planners. Inc. SINCE 195t One Harvard Circle West Palm Beach. FL 33409 Telephone (561) 683-3301 Executive Fax (561) 697-3892 Fax (561) 686-7446 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Attn: Dale S. Sugerman; City Manager Re: General Engine.ering Services Gentlemen: We are pleased to submit the following proposal for professional services in connection with the City of Boynton Beach's Requirement and Request on an as-needed basis, as directed by the City Manager. Gee 8: Jenson Engineers-Architects-Planners, Inc., hereinafter referred to as the Consultant, proposes to fumish professional services for the City of Boynton Beach, hereinafmr referred to as the Client, for the scope outlined in Exhibit A, for the fees stipulated herein. Scope of Services The Consultant will perform the Services identified in Exhibit A, including the provision of all labor, materials, equipment, and supplies. The terms of this Contract shall be 1 year from date of approval. Items to be Furnished by Client At No Expense to the Consultant Assist Consultant by furnishing, at no cost to the Consultant, all available pertinent information including previous reports; all permit application and governmental inspection fees; and any other data relative to performance of the above services for the project. It is agreed and understood that the aceumcy and veracity of said information and data may be relied upon by Consultant without independent verification of the same. Designate a person to act as the Client's representative with respect to the services to be performed under this Agreement, Such person shall have complete authority to transmit instructions, receive information, interpret and define the Client's policies and decisions with respect to materials, equipment, elements and systems pertinent to the Consultant's services. If no person is designated, the Consultant will assume the individual signing this agreement has authority to act as Client's representative. Time of Performance The Scope of Services requested will be completed in a time frmne mutually agreed upon at the time such services are requested. Eqamee~mg # EB 0002934 · Architecture ct AA COOO§56 · Lanclscage Archllecture # LC C000050 · Land Surveying # LB 0002934 RESOLUTION NO. R96- /~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE PROPOSAL SUBMITTED BY GEE & JENSON, ENGINEERS, ARCHITECTS, PLANNERS, INC., AND ~ CITY CLERK TO FOR DATE. WHEREAS, the CitY Commission of the City of Boynton Beach, upon recommendation of staff, has deemed it appropriate and in the best interests of the residents and citizens of the City of Boynton Beach, to accept a proposal by Gee & Jenson, Engineers, Architects, Planners, Inc, to provide professional services to the ............................................. ~'i~{~,'}3~-a~n "as-needed" basis; and NOW, CITY OF ILVED BY THE CITY COMMISSION OF THE THAT: Section 1. The City of Boynton Beach, Florida does hereby accept the propos~ ~ ~'~o~ssional services sul~mitted by Gee & Jenson, Engineers, Architects'"'~ Planners, Inc., and authorizes the Mayor and City Clerk to execute said proposal whicf~ is attached hereto as Exhibit "A", and made a part hereof._ ~ - Section 2. This ResOlution shall become effective immediately upon passage. PASSED AND ADOPTED this ._ .. day of December, 1996. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk Commissioner Commissioner City of Boynton Beach Attn: Dale S. Sugerman, City Manager December 10, 1996 - Page 2 Fees to be Paid For items of the Scope of Services, the Consultant shall be paid a fee based upon the attached Rate Schedule. See Exhibit B. A budget of Four Thousand Dollars ($4,000.00) a month has been authorized for these ~rqi~S~-~"ThiS' am6~t-~ept-e~nts 32-hOurs of the Project Manager. Exceeding this amount requires prior authorization by the CitYManager and will be billedin accordance with Exhibit B. In addition to the fees specified above, the Consultant shall be reimbursed for direct non-salary expenses, including, but not limit.ed to,.data processing, equipment rental, automobile travel at the rate allowable by State Law, $0.55 per mile for 4-wheel drive and tracks, conunercial air travel at cost, long distance telephone, subsistence, printing and repratuction. ....................... Invoicesfor services ~rendered areprepared monthly and are due and payable within thirty (30) days from date of the invoice. The Client agrees to pay such invoice within the time frame specified in Section 218.70, et seq., Florida Statutes, the "Florida Prompt Payment Act'. Payments which are not received within sixty :(60) .calendar days from the date of invoice will be considered sufficient cause~ for Consultant to discontinue performing and providing services until payment in full is received. It*Consultant is required to take action to collect past due invoices, the Client will pay all legal fees and costs incurred in the event a judgment is entered against Client by a Court of Competent Jurisdiction. This contract shall be governed by the laws of the State of Florida, and the appropriate .venue for any actions arising out of the agreement would be Palm Beach County, Florida. If there are items that must be sublet, confirmed, certified or updated, the Consultant shall, as agent of the Client, order the work with the Client's approve, and the subcontractor shall bill the Client directly. The Client must make payments in accordance with the terms on the: invoice in order not to stop the work. If the Consultant is directed by the Client to handle the subcontract for the Client, there will be a fifteen (15) percent charge for hmdling. In the event the Consultant is involved in providing services to assist the Client in applying for and processing applications or permits, the fee for: such service will not be related to final approval or denial. All application or permit fees to agencies, associated with documents submitted by the Consultant on behalf of the Client, shall be paid to the agency by the Client. Litigation Fees The Consultant shall be paid for professional services in preparation for and/or court appearances, a fee equal to personnel costs times a factor of 2.85 plus reimbursement of direct non-salary expenses, including, but not limited to, automobile travel at $0.33 per mile, commercial air travel at cost, long distance telephone, subsistence, printing and reproduction. The fee is not related to the findings of any Court concerning the adequacy or inadequacy of the Consultant's fees. but is to be paid by the Client regardless of the decision of the Court. One Harvard Circle · West Palm Beach, FL 33409 · Telephone (561) 683-3301 · Fax (561) 686-7446 · Executive Fax (561) 697-3892 Engmeenng # EB 0002934 · Arch~teclure # AA COO0656 · La~dscar~e Architecture # LC C000050 · Land Surveying # LB 0002934 City of Boynton Beach Attn: Dale S. Sugerman, City Manager December 10, 1996 - Page 3 Resident Prelect Services On any project for which construction drawings and specificatiOns were prepared by the Consultant and a certification of construction is required bY a regulatory agency, tho Client shall employ the Consultant to perform resident project services for observation:of'the construction ~work. Unless the Consultant is engaged for resident project services, they will not be in a p having jurisdiction and requiring part-time' will endeavor to provid~ [ Contractor. However, Contractor, nor assume liability on the methods, techniques, sequences and/or , the work to those regulating agencies ~presentation may .require one or more full or ject. The project.representative and deficiencies in the work of the the work of the iob safety or the Contractor's means, Project Review Services Services on a project site to evaluate the existing conditions of items such as paving, structural; architccmml, building envelope, roofing, mechanical and/or electrical systems are limited to identification of observable conditions only. Systems that from within the building envelope or from accessible exterior elements of the project : Consultant's observations. Review of these systems by the Consultant will only occur when specific and detailed descriptions of the system to be evaluated and the manner in Consultant will not be responsible for or included in the Scope of Services. is detailed in the Scope of Services. The" ~ the Client of any conditions or issues not Shop Drawin~ & Samplin~ Review When retained by the Client to p administration phase of a project, the general design concept as are reviews of dimensions, quantities, ' materials used in fabrication or installation. eview services, as part of the construction are limited to review for conformance with nly. Specifically excluded from our services fleteness of drawings and means or Special Inspector Services As required by Section 553.79, Florida Statutes, the Consultant will provide an individual, qualified as a "Special Inspector" as defined in the statute, to perform resident project services in an effort to provide the statement concerning construction of the threshold building as required in the statute. The statement, providing the construction is satisfactory, shall be [the attach~ sample,] [of] the form and content of which shall be as agreed upon by all involved parties prior to commencement of construction. Furnishing this inspector for the project does not guarantee the WOrk of the Contractor, nor assume liability on the part of the Consultant for job safety or the Contractor's means, methods, techniques, sequences and/or procedures. ;' ~ One Harvard Circle * West Palm Beach. FL 33409 * Telephone (561) 683-3301 · Fax (561) 686-7446 o Executive Fax (561) 697-3892 Eng~neenng # EB 0002934 · Architecture # AA 0000656 · [andscar~e Architecture # LC 0000050 · Land Surveying # LB 0002934 City of Boynton Beach Attn: Dale S. Sugerman, City Manager December 10, 1996 - Page 4 Insurance The Consultant shall secure and maintain in force throughout the duration of this contract, comprehensive generalliability insurance with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate 'for personal :injury; and $500,000 per occurrencedaggrellate for property damage, and professional liability insurance in the amount of $1,000,000. Modification to the Terms of this Agreement In the event Client issues a Purchase Order or Memorandum or other Instrument coveting the professional services described herein, it is hereby specifically agreed and understood that such Purchase Order, Memorandum or Instmment is for Client internal control purposes only and any and all terms and conditions contained therein, whether printed orwritter~ shall be of no force or effect. This contract is the entire contract between the parties and there is no modification or waiver of -any of the terms and conditions herein unless signed by both parties. Estimates Since the Consultant has no control over the cost of labor and materials or over competitive bidding and market conditions, the estimates of construction cost provided for herein are for general information only and are made in accordance with the applicable standard of care, Accordingly, the Consultant does not guarantee the accuracy of such esfinates when compared to the Contrac0rs' bids or the project construction cost. Termination This Agreement may be terminated by either party by giving fourteen (14) days advance xvritten notice. The Consultant shall be paid for services rendered to the date oftemamation on the basis of a reasonable estimate of thC portion of services completed prior to termination and shall be paid for all reasonable expenses result- ing from such terminaion and for any unpaid reimbursable expenes. Ox~mership and Use of Documents Drawings, specifications, and electronic data files as instnmaents of service are and shall remain the property of the Consultant whether the project for which they are made Is executed or not. The Client shall be permitted to retain copies, including reproducible copies, of drawings, specifications, and hard copies of electronic data files for information and reference in comaection with the Client's use and occupancy of the project. The Client agrees to indemnify and hold harmless Consultant in the event said instruments of service are used by Client or with Client's approval on any addition to this project or any other project unless Consultant specifically agrees to such use in writing. One Harvard Circle" West Palm Beach. FL 33409 · Teleohone (561) 683-3301 · Fax (561) 686-7446 · Executive Fax (561 697-3892 Eng~neenncj # EB 0002934 · Architecture ~ AA 3000656 · Lanasca~e Arc*~4eclure # LC C00O050 · Land Surveying # LB 0002934 City of Boynton Beach Attn: Dale S. Sugerman, City Manager December 10, 1996- Page 5 Code and Regulatory Compliance The Consultant prepares his work product based on known codes and interpretations and relies on his experience to evaluate.their applicability:: Input and comments are ot~en sought from authorities having jurisdiction and in many instanCes~ agreements are reached which impact the work product. When situations arise such as code revisions, changes in interpretations, changes to agreed upon direction, or work performed before required permits or agency approvals are received, the Consultant will take appropriate action subject to the direction of the Client.- Services assOciated with these situations will be compensated for as additional services. Coastal and Waterfront Engineering Design Because of the Engineers many years of backgromad and experience in beach and shore engineering, the Engineer is qualified to make recommendations and designs which, in the Engineers opinion, will meet the needs of the situation. These services will be performed in accordance with the Engineers skill and ability and commensurate with the applicable standard of care and the economics of the situation. It should be understood, however, that uncertain conditions inherent in any engineering endeavor seeking to govern and control the forces of nature, introduce ' of such a magnitude that services of this character cannot be guaranteed to withstand the forces at work in the project area. Pollution~azardous Material Services The Consultant will perform services involving or relating to pollution or hazardous materials in a professional manner in accordance with the Consdltant's skill and ability and commensurate with the applicable standard of care and the economics of the Situation, The Client understands that many uncertain conditions are inherent in pollution or hazardous materials projects and therefore agrees that the fullest extent permitted by law indemnify and hold harmless the Consultant and their agents and employees from and against all claims, damages, losses and expenses, direct and indirect or consequential damages, including but not limited to fees and charges of attorneys and court and arbitration coStS,t arising out of or resulting from the performance of the services by the Consultant or claims brought by third parties arising from the Consultant's services or arising from the wOrk or of others relating to or involving hazardous waste or pollution related activities omission on the part of the Consultant. Causes of pollution and hazardous: waste or, materials shall include, but shall not be limited to, solid liquid, gases, or thermal irritant or containment, including smoke, vapor, soot, fumes, acids or alkali, chemicals, and waste. In addition, because the Client recognizes that the Consultant may be found partly or wholly responsible, through the principle of joint and several liability, for hazardous or pollution conditions which may exist at the project site which the Consultant has nothing whatsoever to do with, the Client agrees to the fullest extent permitted by law to indemnify and hold the Consultant harmless from any claim or liability for injury or loss arising from application of a joint and several liability.concept that would, in any manner, hold or seek to hold the Consul -rant responsible for creating a hazardous condition or permitting one to exist. One Harvard Circle · West Palm Beach, FL 33409 ° Telephone (5611 683-3301 · Fax (561) 686-7446 - Executive Fax (561) 697-3892 Engineering # EB 0002934 · Architecture # AA COOO656 ~ Landscape Arc~llteclure # LC C000050 · Land Surveying # LB 0002934 City of Boynton Beach Atto: Dale S. Sugerman, City Manager December 10, 1996- Page 6 Client acknowledges that Consultant has reduced its compensation for services rendered hereunder by $1,000 as speCifiC consideration for the indemnity agreements contained herein. Modifications and Additions to Existing Structures Because of the Consultant's .many years of backgromld and experience in design and construction, the Consultant is qualified to make recommendations and designs which, in the Consultant's opinion, will meet the needs of the situation..These services will be performed in accordance with the Consultant's skill and ability and commensurate with the applicable standard of care and the economics of the situation. Although the docmnented components of the existing structure to be modified can be analyzed, the actual components ofthe existing structure cannot :be fully determined without destructive analysis or the ability, to perform other invasive technology or testing. Acceptance Acceptance of this proposal may be indicated by the signature of a duly authorized official of the Client in the space provided below. One signed copy of this proposal, retumed to the Consultant, will serve as an Agreement between the two parties and as Notice to Proceed. This contract will be binding on the parties hereto and the parties' Successors and assigns. Should this proposal not be accepted within a period of sixty (60) days from the above date, it shall become null and void. Very truly yours, GEE & JENSON Engineers-Architects-Planners, Inc. John S. Yeend, P.E. Vice President ACCEPTED BY: MAYOR GERALD "JERKY" TAYLOR CITY OF BOYNTON BEACH BY: DATE: JSY/cw Eric. as stated cc: Addressee Proposal No. 50-101 FL 33409 · (561) 683-3301 · Fax (561) 686-7446 · Executive Fax (56t~ 697-3892 One Harvard Circle West Palm Beach, Telephone Engineering # EB 0002934 · Architecture ~ AA COOO656 · Landscape Architecture # LC C000050 · Laird Surveyrng # LB 0002934 EXHIBIT "A" Scope of Services The Consulting Engineer and Planner; as identified in the Consultant Agreement, will provide varied responsibilities within the field of Engineering, Architecture, and Planning, on an as-needed basis. These responsibilities are designated as follows: Provide basic Engineering, Architecture, and Planning services relating to the planning, design and construction of public works and capital improvement projects within the City, as requested, including construction phase services. These projects will include buildings, parks, beaches, bridges, landscaping, wateri Technical assistance in the staff, .including surveying , will also be required, as directed by the City Manager and Development Director, or their designee. Analyze civil engineering problems that arise - pertaining to sidewalks, swales, roms, bridges, drainage and the like - within the City, and make written recommendations to the Development: Director, City Manager, and City Commission. Review all plat submissions for compliance with City and County land development regulations, including applicable Florida Statutes and other requisite governmental agency regulations, in preparation for the Engineering Consultant'S placement of signature and seal upon approved plat documents. Review plat and sidevmlk and sUbdivision: variance applications submitted to the Engineering Division, and coordinate their review by the Technical Review Committee (TKC). o Review site plans for determining compliance with City Codes and associated Municipal Management Plans, on an as-needed basis, including the review of land development plans comprised of paving, grading and drainage. Conduct reviews of building permits and land development applications for~varded to the TRC for compliance with City Codes and Standards, and accepted engineering practices pertaining to transportation analysis, land surveying, and design and construction of parking lots, roads, exterior lighting, and drainage and pedestrian/bicycle systems. 4. Conduct feasibility investigations, and cost studies as may be required for the development of public works and capital improvement projects. 5. Represent the City, when required, before all courts or commissions to state opinions or conclusions where expert testimony is required. 6. Attend City Commission meetings and weekly TRC meetings, as requested by the City Manager. Maintain regular office hours within the Engineering Division, two half-days per week, to respond to engineering-related phone calls and meeting requests with the public, applicants, City staff, and outside agencies. 8. Be available for phone calls from City staff'during normal business hours. One Harvard Circle · West Palm Beach, FL 33409 · Telephone (561) 683-3301 · Fax (561) 686-7446 ,, Executive Fax (561) 697-3892 Engmeenng # fib 0002934 · Architecture # AA C000656 · Lanc~sca~e Architecture # LC C000050 · Lancl Su~eymg # LB 0002934 9. Prepare written correspondence, reports, and work logs related to the above. 10. Conduct reviews of planning-related building permits and land development applications submitted to the Planning & Zoning Department for detemfination of submittal completeness and compliance with the City's Comprehensive Plan, land development regulations, City Codes, and other planning-related guidelines and advisory documents. 11. Perform special planning assignments and studies as directed by the City manager and Planning & Zoning Director, or their designee. One Harvard Circle · West Palm Beach. FL 33409 · Telephone (561) 683-3301 · Fax I561 ) 686-7446 · Executive Fax (561) 697-3892 Engineering # EB 0002934 · Arctntecture # AA COOO656 * Lanc~sca~e ,~rcm,*ecture ~ LC C000050 · Land Surveying ¢~ LB 0002934 EXHIBIT "B" BASIS FOR COMPENSATIO..N HOURLY RATE SCHEDULE 1997 SENIOR PRINCIPAL .............................................................................. $150 PRINCIPAL ........................................................................................ $125 SENIOR TECHNICAL SPECIALIST ............................................................ $ 95 PROJECT MANAGER ............................................................................ $ 85 SENIOR ENG-ARCH-PLNR-SURV ............................................................ $ 80 ENGINEER-ARCHITECT-PLANNER-SURVEYOR ........................................ $ 65 PLANNER/ENGINEER (ENTRY LEVEL) .................................................... $ 50 CADD DESIGNER ................................................................................. $ 65 SENIOR DRAFTER - TECHNICIAN ..................................................... -' ...... $ 55 CADD DRAFTER .................................................................................. $ 50 DRAFTER - TECHNICIAN ........................................................................ $ 45 FIELD REPRESENTATIVE ........................................................................ $ 55 SECRETARY ........................................................................................ $ 30 COMPUTER TECHNICIAN ........................................................................ $ 55 SURVEY CREW 4 PERSON .......................................................................................... $100 3 PERSON .......................................................................................... $ 85 2 PERSON .......................................................................................... $ 65 RESEARCH CONSULTANT ...................................................................... $ 45 COMPUTER TIME CADD WORK STATIONS - PER HOUR ..................................................... $ 24 PERSONAL COMPUTERS (PC's) - PER HOUR ............................................ $ 8 RATES EFFECTIVE THROUGH DECEMBER 31, 1997 One Harvard Circle - West Palm Beach, FL 33409., Telephone (561) 683-3301 ,, Fax (561) 686-7446., Executive Fax (561) 697-3892 Engmeermc3 # EB 0002934 * Arc;llleCture # AA COOO656 · LanC~caoe Architecture # LC CO00050 * La~Cl Surveying # LiB 0002934 Exhibit "A" Basis for Compensation HOURLY RATE SCHEDULE Senior Principal Principal Project Manager Senior Engineer/Ar6hitect/Planner Engineer/Architeqt/?lanner Senior Draftsman-Technician Draftsman Field Representative Secretary Management-Financial Consultant Research Consultant Computer Time MVl0000 - PER CPU HOUR - PER CONNECT HOUR PCs - PER CONNECT HOUR Computer Technician Survey Crew THROUG~ 4 Man Crew 3 Man Crew 2 Man Crew Registered Land Surveyor RATES EFFECTIVE $150.00 125.00 85.00 80.00 65.00 55.00 40.00 55.00 25.00 70.00 45.00 180.00 6.00 8.00 55.00 100.00 85.00 65.00 80.00 GEE & JENSON Engineers. ArchileclS. Planners. Inc. JOHN S. YEEND, P.E. VICE PRESIDENT EDUCATION: University of Florida and Miami -- Graduate Studies, Civil Engineering Florida Atlantic University -- BS, Ocean Engineering - 1974 Palm Beach Junior College --AS, Pro:Engineering - 1969 REGISTRATION: Professional Engineer- FL (#20809) Mr. Yeend has over 22 years experience directly related to managing and taking lead rolls in mechanical, civil and light structural projects. He has served as Project Manager on public sector projects at Federal, State, Special District and Municipal levels. His experience includes: · Reviewing plans, specifications, cost estimates, bids and construction documents for water, sewer, paving and drainage projects. · Applying for and processing applications for environmental permits and grants at the Federal, State and local levels. · Preparing and review Development of Regional Impact Studies and Planned Unit Development Documents. · Assisting municipal clients with FEMA-related issues in particular Community Rating Systems to cover Community flood risk. · Conducting studies, inspections, and design of flood and drainage systems including canals, pump stations and tidal flooding. · Conducting hazardous materials studies including environmental audits, storage tanks removal, remeciial action plans, and surface/ground water and soil monitoring and testing. REPRESENTATIVE PROJECTS: City of Boynton Beach - FEMA Community Ratin. g System City of Boynton Beach - Grant, Permitting, Design, Plans/Specifications and Construction of Boat Club Park Channel City of Boynton Beach - Permit, Design and Construction of Modifications of Boardwalks and Overwalks at Oceanfront Park City of Delray Beach - Grants, Permitting, Design, Plans/S pecifications and Construction of City Bulkheads and adjacent drainage systems. Banyan Bay - 251-acre PUD, Martin County Jonanthan's Landing - 18-hole golf course PUD Special Districts (numerous) - inspections, design, construction of pump stations, canals, shore protection, paving, lighting and signage. Counties and municipalities (numerous) - Project Manager of flood studies for coastal, riverine and ponding areas. GEE & JENSON Engineers-Architects-Planners; lnG. · 1 Harvard Circle, West Palm Beach, Florida 33409 · (407) 683-3301 · Fax (407) 686-7446 Z~