R94-124ATTEST:
RESOLUTION NO. R94-/,~,¢,,/'
A RE, SOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CONSULTANT AGREEMENT FORM
BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA
AND POST, BUCKLEY, SCHUH & JERNIGAN, INC.,
PROVIDING FOR PROFESSIONAL SERVICES IN
CONNECTION WITH THE PROJECT DESIGNATED AS
LANDFILL PERMIT RENEWAL APPLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach is desirous of developing a permit
renewal application for the closed City of Boynton Beach Landfill; and
WHEREAS, the City's landfill reached substantial closure in early 1993 as part
of modification to the initial Post, Buckley; Schuh & Jernigan, Inc., (hereinafter referred
to as Post Buckley) design and subsequent closure construction; and
WHEREAS, Post Buckley performed the prior work on the landfill and submitted
the previous permit applications, the City Commission, upon recommendation of staff,
deems it to be in the best interests of the citizens and residents of the City to enter into
an Agreement with Post, Buckley, Schuh & Jernigan, Inc., to provide professional
services in connection with the project designated as the Landfill Permit Renewal
Application.
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 hereby
authorizes and directs the Mayor and City Clerk to execute a Consultant Agreement
Form for Professional Services between the City of Boynton Beach, Florida and Post,
Buckley, Schuh & Jernigan, Inc., a copy of said Agreement being attached hereto as
Exhibit "A".
~ This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this //~' day of July, 1994.
~ ..~ BO~'N/7~N BEACH, FLORIDA
Mayor Pro Te~;
Com~/~
Com~E~e~h~. .
Cit~' Clerk
CONSULTANT AGREEMENT FORM
PROFESSIONAL SERVICES
THIS AGREEMENT is entered into 'between the City of Boynton Beach,
hereinafter referred to as 'the City', and Post Buckle¥ $chuh & Jez-ni~n~, Inc.
hereinafter referred to as 'the Consultant", in consideration of the muiual
benefits, terms, and conditions hereinafter specified,
1. PROJECT DESIGNATION.
tilled on
labor, materials, equ
TIME FOR PERFORMANCE.
giving of written
Consultant shall
from th
of such time
The Consultant is retalned by the City to perform
services in Connection with the project
to perform the services, iden-
ncluding the provision of all
PAYMENT. Th~
and for services this
a. Payment for the work provided
provided on Exhibit "B"attach
amount of ltan
without 'ltten modification
City.
ntract shall coranence upon the
Consulitant to proceed.
provide all work product
City.
sion
by the City for completed work
reement as follows:
~t
ag
be made as
that the total
gned by the
b. The Consultant may submit vouchers to the City once per month during
the progress of the work for partial payment for project completed
todate. Such vouchers will be checked by the City, and upon appro-
val 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
agre~ent and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for
work'performed, services renderedand for all materials, supplies,
equipment and incidentals neCesSary to complete the work.
,e. The ~on~ul~ant's records and accounts pertaining to this agreement
are to ~e ~ept available for inspection by representatives of the
City and State for al period of three {3) years after final payments.
Copies shall be made available upon request·
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifica-
tions and other materials produced by the Consultant in connection with
the services ren ~ement shall be the property of the
City whether the ~ are made-is executedor not.
The Consultant shall be permitted to retain copies, including reprodu-
-eference
an( in connection
COM
th all
t
and
own
ag
hroughout
nsurance
O0
egate
e amount
10.
sa
an
ca
ti
tlon
lndu
emp)
consi
as
ting
written
sec-
of execu-
the City agree that the
pect to the services
~g in this agreement shall
~hip of employerand'employee bet-
Neither Consultant nor any emp)oyee of
accorded City employees by
The Clty shall
federal
.= or )any employee of
le awa
of an
)nsultant.
he has
a bonafide
ecure this
or per-
Consultant,
ny other
r 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, comnission,
per~centage, brokerage fee, gift, or contingent fee.
11. DISCRIMINATION PROHIBITED. The'Consultant, with regarU 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 en~)loyees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the ser-
vices covered by this agreement without the express written consent of
the City.
13. 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.
14. 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 pro-
ject, 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.
15. 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.
16. 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: CitTN~mager
Notices to Consultant shall be sent to the following address:
Robert E. Nackey, P.E. - Project M~n~ger
Waste Nanagement Division
Post Buck~ey Sch,,h & Jern~Ean, Inc.
1560 Orange Avan,je~ Suite 700
Winter Park, Florida 32789
17.
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, repre-
sentations, or agreements written or oral. This agreement may be
amended only by written instrument signed by both]City and Consultant.
DATED this ,~_ day:of
199,
CITY OF BOYNTON BEACH
Mayor
Consultant
Attest/Authenticated:
Title
City Clerk
(Corporate Seal)_
Approved as to Form:
Attest/Authenticated:
Office of the City Attorney
Secretary
Rev. 1/22/91
CONSULTANT AGREEMENT FORM
PRO~ESSIONAT. SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach,
hereinafter referred to as "the City', and Post Buc~e¥ Schtth & Jerni~Aq, Inc.
hereinafter referred to as 'the Consultant"~ in consideration of the mutual
benefits, terms, and conditions hereinafter specified.
PROJECT DESIGNATION. The Consultant is retained by the City to perform
professioaal services in connection with the project
designated ~fill Permit Rene~alAppiicatiozz .
SCOPEOF SERVICES. Consultant agrees to perform the services, iden-
tified on. EXhibit "A" attached hereto, including 'the provision of all
labor, materials, equipment and supplies.
TIME FOR PERFORMANCE. Work under this contract shall conmence upon the
giving notice by the City to the Consultant to proceed.
Consultant rform all services and provide all work product
required to this agreement by October 31~ 1994
from the tten notice is given to proceed, unless an extension
of such tlime 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 $ 12:828 Jo
without express written modification of the agreement signed by the
City.
b. The Consultant may submit vouchers to the City once per month d~ ring
the progress of the work for partial payment for project complex:ed
to date. Such vouchers will be checked by the City, and upon al)pro-
val thereof, payment will be made to the Consultant in the amoulmt
approved.
c. Final payment of any balance due the Consultant of the total
price earned will be made promptly upon its ascertainment and
verification by the City after the completion of the work under
agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation
work performed, services rendered and for all materials, supplt
equipment and incidentals necessary to complete the work.
e. The Consultant's records and accounts pertaining to this agreem(
are to be kept available for inspection by representatives of tt
City and State for a period of three {3) years after final paym(
Copies shall be made available upon request.
)tract
this
:or'
nt
e
nts.
5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifica-
tions 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 reprodu-
cible copies, of drawings and specifications for information, reference
and use in'connection with Consultant's endeavors.
6. COMPLIANCE WITHLAWS. Consultant shall, in performing the services
contemplated by this agreement, faithfully observe and comply with all
federal, stateand local laws, ordinances and regulations that are
applicable to the services to be rendered under this agreement.
7. 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.
8. INSURANCE. The Consultant shall secure and maintain in force throughout
the duration of this contract comprehensive general liability insurance
with~ a minimum coverage of $500,000 per occurrence and $1,000,000
aggregate for personal'lnjury; aid $500,000 per occurrence/aggregate
forProperty damage, and professional liability insurance in the amount
of $1,000,000.
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 sec-
tlon shall be delivered to the Clty wlthtn fifteen {15) days of execu-
tion of this agreement.
g. 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 e~loyer and employee bet-
ween the parties hereto. Neither Consultant nor any employee of
Consultant shall be entitled to any benefits accorded City aaployees 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.
10. 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 per-
son, other than a bonaftde employee working solely for the Consultant,
any fee, co~nission, 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, co~nission,
percentage, brokerage fee, gift, or contingent fee.
11. 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.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the ser-
vices covered by this agreement without the express written consent of
the City.
13. 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.
14. 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 offtcer of the
Consultant, or any of its supervtsory personnel assigned to the pro-
Ject, 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.
15. DISPUTES. Any dispute arising out of the terms or conditions of this
agreement shall beadJudtcated within the courts of Florida. Further,
this agreement shall be construed under Florida Law.
16. 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: CitlrM--=~er
Notices to Consultant shall be sent to the following address:
Robert E. Haekey~ P.K. - Project l~anaF, er
~aste Nnnn~ement Division
Post Buckley Schuh & Jernigan~ Inc.
1560 Orange Avenue, Suite 700
Winter Park, Florida 32789
17. 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, repre-
sentations, or agreements written or oral. This agreement may be
amended only by written instrument signed by both City and Consultant.
DATED this ~ day of ~ 199.
CITY OF BOYNTON BEACH
Ma~or ~ ~
Attest/Authenticated:
0~, _BU_C_KLE_Y, ..SCH_UH & JERNiGAN,
Cohsultant
WILLIAM W. RANDOLPt~
CHAIRMAN OF THE BOARD AND
CmE~ ~ECUT~VE O~F~C~R
Title
(Corporate Seal)
Approv~ as to~:~'
Of~/e~oof th~y~Attorney
Attest/Authenticated:
Rev. 1/22/91
POST,
BUCKLEY,
SCHUH &
]ERNtGAN, INC.
Stme 30, 1994
ENGINEERING
PLANNING
Ms. Carrie Parker
City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
PROFESSION~ SERVICES FOR
LANDFILL PERMIT RK'INEWAL APPLICATION
Dear Carrie:
Thank you for the request for Post, Bucldey, Schuh and Iemigan, Inc. (PBSScl) to submit a
Scope~f Services and estimated budget for the City of Boynton Beach's re-submittal of the
Landfill Permit Renewal Application. Enclosed please find a detailed S~f-Services and
budget for the tasks which PBS&I believes need to be performed in order for the City of
Boynton Beach to obtain an approved permit.
PBS&I has been in contact with the Florida Department of Environmental Protection (FDEP)
regarding the re-submittal application and the time requirement for resubmission. Currently,
FDEP has not placed a resubmission 4_~,tline on the City. FDEP's major concern is the
resolution of the Ground Water Management Plan (GWMP). PBS&J estimates that it will take
approximately four weeks to meet with FDEP, develop the required information for the GWMP,
and complete the required permit application form.
PBS&,I will start on the permit application re-submittal as soon as a Notice-to-Proceed-is
received from the City. If you have any questions, please feel free to call me anytime at (407)
647-7275.
Sincerely,
Project Manager
Waste Management Division
Attachments
c: Ed Hilton
WASTE MANAGEMENT DIVISION
1560 Orange Avenue. Suite 700, Winter Park. Flodda 32789 · Telep,one: 407/647-7275 · Wax: 407/C~47-8945
SCOPE-OF-SERVICES
LANDFILL PERMITTING SERVICES FOR ~
CLOSk'ID CITY OF BOYNTON BEACH LANDFILL
INTRODUCTION
The City of Boynton Beach (City) has requested this scope of professional services from Post,
Buckley, Schuh and Sernigan, Inc. (PBS&3) to develop a permit renewal application for the
closed City of Boynton Beach Landfill. The City's landfill reached substantial closure in early
1993 as part of modification to the initial PBS&I design and subsequent closure construction.
Since PBS&/ performed the prior work on the landfill and submitted the previous permit
applications, the City has requested that PBS&/utiliTe their previous knowledge of the landfill
and permitting process to quickly submit the needed permit information.
The current landfill permit expired on August 31, 1993. The Florida Department of
Environmental Protection (FDEP) informed the City that the permit had expired and requested
submission of a permit renewal as soon as possible. On March 29, 1994, the City submitted
this request for permit renewal. However, FDEP soon responded back to the City with a
request for additional information. Of particular concern to FDEP is the need to update the
Ground Water Monitoring Plan. It is the opinion of.FDEP that the current monitoring plan does
not accurately address the requirements of the newly enacted solid waste regulations.
PBS&.I has been in contact with Mr. Andrew Neita, FDEP, regarding the City's landfill permit
renewal. In our discussion, the history and hydrology of the site were discussed along with level
of detail required for the permit renewal. An approach to the development of the information
for the permit renewal has been initially agreed upon by FDEP and PBS~.I. The following text
lists the tasks which need to be accomplished in order to complete the permit renewal
application.
TASK
1 MEETING WITH FDEP AND SITE VISIT
PBS&I's Project Manager and Senior Hydrogeologist shall meet with Mr. Andrew Neita
(FDHP Solid Waste Section) and Mr. Lee Martin (FDEP Water Quality Section) to
discuss the following:
·
·
·
·
·
·
·
past history of the landfill site,
unique hydrology of the landfill site,
contamination plume and purpose of the present monitoring well locations,
current ground water and sudace water sampling results,
adjacent properties and ground water users,
limitations to any ground water monitoring plan for this landfill site, and
possible revisions to the current ground water monitoring plan.
The purpose of the meeting is to allow FDEP to become more familiar with the City's
landfill and the lack of significant risk that this landfill represents.
PBS&J's Senior Hydrogeologist shall prepare for the FDEP meeting by reviewing past
hydrogeological reports for the landfill site and the ground water/surface water sampling
results for the last five (~) years.
The C~ty shall provide PBS&J with the last five (5) years of sampling and analytical
results for their review and preparation for the FDEP meeting.
The results of this meeting shall be documented and included in the permit renewal
application. R is hoped that this documentation within the permit application will
alleviate the need for the City to address the ground water monitoring plan again in
subsequent permit renewals.
PBS&J shall also perform a site visit at the landfill in order to certify that the closure of
the landfill has not changed since the certification of construction completion.
TASK
2 GROUND WATER MONITORING PLAN
If required by FDEP, PBS&J shall develop a Revised Ground Water Monitoring Plan for
the Boynton Beach Landfill. The Plan shall address the concerns of FDEP and
recommelldatiolls, as developed in Task 1. Possible changes in the sampling frequency
PBS&.I expects, at a minimum, that a revised potable well survey will need to be
performed. PBS&I shall review the records of the South Florida Water Management
District to determine which residences have ground water wells.
PBS&J shall also deliver a questionnaire to residences within five hundred (500) feet of
the north and east properties boundaries of the landfill which are not connected to a
public water supply system. The questionnaire shall request information regarding the
owner's water supply wells. The questionnaire shall include, if the City's wishes, a
lettm' from the City explaining the purpose of the questionnaire. PBS&J shall assist the
City in the development of this letter.
This t~,lc does not include additional field work which may potentially be required as part
of the installation of new ground water wells. Also not included are any ground
water/surface water sampling/analysis. The above task addresses only the development
of a Revised Ground Water Monitoring Plan and information regarding current ground
TASK
PERMIT RENEWAL APPLICATION
PBS&.I shall submit a Permit Renewal Application (DEP Form 17-701.900 (1)) utilizing
former plans and repons developed by PBS&/for past projects for the City. Parts of
the Application to be completed include:
·
·
·
·
·
·
·
·
Pan A'- General Information,
Pan B - Disposal Facility General Information,
Part N - Landfill Closure Requirements,
Pan O - Closure Proced~,
Pan P - Long Term' Care Requirements,
Part Q - Financial Responsibility Requirements,
Part S - Certification by Applicant and Engineer or Officer, and
Possible revised Ground Water Monitoring Plan.
The City shall be responsible for submitting to PB$&J a revised Financial Assurance
Statement for inclusion in the application in accordance with Florida Administrative
Code, Chapter 1 7-701.
PBS&/ shall submit the Permit Renewal Application to the City for review before
submittal to FDEP. The City shall pay for any additional permit application fees.
Except for the Ground Water Monitoring Plan, PBS&J does not expect to develop any new
repons or plans for the application. If additional new work is required for the completion of
the Permit Renewal Application, PBS&J ~ inform the City of the needed additional scope of
services. PBS&J shall not proceed with the application until the City has given PBS&.I Notice-
to-~ with the additional work.
.J~