R94-112RESOLUTION NO. R94-112
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CONSULTANT AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND GAUDET ASSOC.,
FOR PROFESSIONAL SERVICES AND AIR QUALITY
MONITORING AS IT RELATES TO .ASBESTOS
ABATEMENT IN THE UTILITIES ADMINISTRATION
BUILDING, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida deems
it to be in the best interests of the citizens and residents of the City to enter into a
Consultant Agreement between the City of Boynton Beach and Gaudet Assoc., for
professional services and air quality monitoring as it relates to asbestos abatement in
the Utilities Administration Building, a copy of which Agreement is attached hereto as
Exhibit "A".
ATTEST:
Cit~/Clerk
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
between the City of Boynton Beach and Gaudet Assoc., a copy of which Agreement is
attached hereto as Exhibit "A"..
~ This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 19th day of July, 1994,
CITY OF BOYNTON BEACH, FLORIDA
MaYor..~ ~
v~e~vlayor ~ /
Mayor Pro~~
Com~ss~er ~.~
Cb m mi~Co.~r' "'
Asbestos RemovaLUtil.
7/20/94
CONSULTANT AGREEMENT FORM
ASBESTOS' CONSULTING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach,
hereinafter referred to as "the City", a~d GaudetAssoc., Inc.
hereinafter referred to as "the Consultant,, in consideration of the '
mutual benefits, terms, and conditions .h~reinafter specified.
1. Project Designation. The Consultant is retained by the City to
perform Asbestos Consulting services in connection with the
project designated Asbesto~ Abatement for Utilities Administration
Bui ldin ~. '. -----
2. Scope of Service~. Consultant agrees to perform the services,
identified on Exhibit "A" -~--~-=
~ ~ =L~=un~u hereto, including the
provision of all labor, materials, e~,ipme-2
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 rovide
all work product required pursuant to this agreement within
120
calendar days from the date written notice is
~iven 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 =or 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 palament to Consultant shall not exceed
$ 8,200.00 without express written modification of the
agreement signed by the City.
b. The consultant maF 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 a~proval thereof, payment will
be made to the Consultant in the'.amount approved.
c. Final payment of .anY-balance. du~ the. ConsUltant ~f the total
contract price earned.will be ~ade."promptly upon its
ascertainment and verlfication by the City 'after the
completion of the'work .under'this agreement.and its
acceptanceby the .City.
d. Payment as provided' in this sec~ion~shall be full
compensation for work performed;'ser~ic~s'rendered.and for
all.mat~rials., supplies, 'equipment a~d'i~cidentals 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
Consultant Agreemen~
Page 2
three (3) years after final paI~ents.
available upon request.
Copies shall be made
Ownership and Use of Documents. Ail 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
withspecifications Consultant,s for endeavors, information' reference and use in connection
Compliance with laws. Consultant shall, in performing the
services contemplated by this 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 officers, 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.
~nsurance. The Consultant shall secure and maintain in force
throughout the duration of this contract comprehensive general
liability insurance with a mimimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and
$500,000 per occurrence/aggregate for property 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 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.
'ConSultant Agreement
Page 3
10.
11.
12.
13.
14.
15.
Covenant Against Contingent Fees. The Consultant warrants that
he has not employed or retained any company or person, other than
a bonafide employee working solelyfor 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,
~, ~roKerage ~ee, g~t, 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.
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.
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.
Consultant Agreement
Page 4
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: Peter Mazzella
Notices to Consultant shall be sent to the following
address:
17.
DATED this ...~' day of
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.
~'~-'~-'~ ~ 199 Jo
CITY OF BOY,TON BEACH
ayor - ~
Attest/Authenticated:
Con,]'rant
Title
(Corporate Seal)
Attest/Authenticated:
Secretary
Rev. 1/22/91
~FIC]
· - OF THE DIRECTOR OF UTILITIES
~3~o~:~: [4o7;] 375-64oo
Exhibit "A"
July 6, 1994
TO: Asbestos Abatement Consultants
The City of Boynton Beach is soliciting proposals from qualified
consultants to perform the following activities, which are related
to an anticipated asbestos abatement project located at the
Utilities Administration Building. This building currently has a
warehouse area with approximately 15,000 square feet of
delaminating ceiling material containing approximately 2%
chrysotile asbestos:
ACTIVITY # 1 - Ambient air monitoring - one eight (8) hour
work day
ACTIVITY # 2 - Preparation of Contract/Bidding documents for
removal of the asbestos-containing ceiling material. Include
attendance at pre-bid conference.
ACTIVITY # 3 - Asbestos abatement project monitoring -
Involving the activity of an on-site project monitor, project
manager, daily on-site PCM air sampling of the work area and
surrounding office spaces, and a project report at the
conclusion of the project.
Please be advised that the City's standard consultant agreement
requires the consultant to maintain general liability insurance
with a minimum coverage of $500,000 per occurrence, and $1,000,000
aggregate for personal injury; and $500,000 per occurrence/
aggregate for property damage; and professional liability insurance
in the amount of $1,000,000.
If your firm is qualified and interested in being considered for
this project, please submit a brief written proposal describing the
scope of your work, personnel, and price, within seven (7) days.
All responses shall be directed to this office, attention Peter
Mazzella, Assistant to the Utilities Director (phone no. (407) 375-
6404). A visit to the site is highly recommended prior to
submitting your proposal. In addition, please submit the name and
telephone numbers of at least three references that you have
performed similar services for
Thank you for your interest in this matter.
Exhibit "B"
420 CLEMATIS STREET, WEST PALM BEACH, FLORIDA 33401 · (407)659-5604 · FAX: (407)832-6075
5775 BLUE LAGOON DRIVE, SUITE 145, MIAMI, FLORIDA 33126 · (305)261-400,3 · FAX: (305)261-1399
~-audet Associates, Inc.
Mr. Peter Mazzella
City of Boynton Beach
Utilities Department
124 East Woolbright Road
Boynton Beach, FL 33435
RE: Utilities Administration Building
Asbestos Consulting Services
Dear Mr. Mazzel.la:
CONSULTING ENGINEERS
July 13, 1994
Pursuant to your request, we hereby respectfully submit this proposal for the
above referenced project. Our fees would be as follows:
Activity I
Ambient Air Monitoring-We will provide a simulated OSHA 8 hour
time weighted average through area monitoring .... $350.00
Activity 2
Preparation of Plans and Specifications- One (1) set of
reproducibles included ........ ~'.... $500.00
Activity 3
Abatement Project Monitoring-Including all PCM samples, including
closeout report. Project duration seven (7) 8 hour working days.
............. $2,450.00
Other services would be available and invoiced in accordance with Attachment
A. Gaudet Associates, Inc. has reviewed the insurance requirements and our coverage
exceeds the minimum. We have visited the site and we are confident that we can
provide a high quality, economical service to Boynton Beach.
If you have any questions or require any additional information, please feel free
to call.
JEG/pm
Sincerely,
Joseph E. Gaudet
Vice President
San Juan, PR · Philadelphia, PA o Trenton. NJ
ATTACHMENT "A"
Fee Schedul_ ____e_
Classification
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(lO)
(11)
(12)
Principal
Architect
Certified Industrial Hygienist
Hydrogeologist/Registered Professional Engineer
Project Manager/Hazardous Material Man ager
Mech./Elect./Civil Engineer
Environmental Engineer
Project Engineer
Environmental Technician I
Draffsperson Technician
Drilling Crew & Rig
Other Professional Services
$125
$100
$ 95
$ 95
$ 75
$ 65
$ 65
$ 60
$ 45
$ 30
$125
2.50 (O.H.) x Actual
Hourly Rate
The hourly quoted rates are applicable for a one (1) year period from the date of
the proposal.
The hourly rates quoted include administrative overhead, payrOll burden and
profit, clerical and mileage expenses are included as part of the administrative
overhead and are incorporated as part of the general overhead and hourly rates
stated above.
Any extraordinary and/or unforeseen direct expense, not normally considered
part of general overhead, such items as major reproduction, laboratory analyses, .
field testing, permits, fees, etc., if deemed necessary, shall be invoiced as a
direct reimbursable expense plus a ten (10%) percent administrative surcharge.
The hourly rates for classifications 7 through 9 are based on a normal eight (8)
hour day. If additional hours are required beyond eight (8) hours per day, the
rate for the additional hours will be 1-1/2 times the given hourly rate.
JUL-~6-~4 [U~ il:il iN~U~NGE O~EtGE NUTLEY ~P~ NO, 20166759~2 P, 01/02
(BSK)
DATE
COMPANy
ATTENTION
O'NEILL ASSOCIATES
492 Franklin Avenue
NuEley, N.j. 07110
Telephone Number (201) 667-6955
Fausimile Number (201) 667-5942
Jul), 26, 1994
Gaudet Associates, Inc.
Joseph E. Gaudeu, II/
INC
REFERENCE: Certificate for Bo~ynton Beach
FAX ~:
(407) 832-6075
~ OF PAGES
MSS SAGE:
~o you.
~ (InCluding this cover page)
Original will be mailed to Boynton Beach, anG copy
SENT BY
Bruce Kassof
JU[--26-1994 11: 3~
201667'5942
P. 01
JUL-ZS-~4 I'U~ il;ii
IN~U~NOE ~'FiOE NUTLET
FRA NO. 2016675942
?,02/02
t2 ~4~. P. 02
O'Neill Associates Inc
492 Franklin Avenue
Nutley, NJ 07110
BSK
INSURED
Gaudet Associates Inc (2)
420 Clematis Street
West Palm Beach, FL 33401
~~ WaUE DATE O~WOD/~
~ 07/26/9~
THIS CE~ICATE IS ISSUED AS A MAi I~:R OF IN~R~IATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATI
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POUCIES BELOW.
COMPANIES AFFORDING COVERAGE
COUPANYLETTER A Zurich Insurance Company
COMPANY
~=, ,~R B Steadfast Insurance Co
COMPANY
COMPANY
COMPANY
· ~TTE. E
TYPE OF INSURANCE
E~E RA L UABJUTY
~_~_~MERCIAL GENERAL LIA, IUTY
A~ CLAIMS MADE~--~ OCCUR.
~,~~T~~iER'S & CONTRACTOR~ PROT
AUTOMOml ~ UABIETY
THIS IS TO CEHilI'¥ THAT THE POLICIES OF INSURANCE LIS'l tO BELOW: HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INOICATED, 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 CONDfflONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
~--Y. CES8 UABiUTY
~ OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYER~' UABIUTY
POUCY NUMBER
796906600
POUCY EFFECTIVE
DATE (MM/DD/YY)
04/25/94
POLICY EXPIRATION
DATE (MM/DD/YY)
04/25/95
EEC790197200 04/25/94 04/25/95
OTHER
Professional
Liability
L FrEMS
[2] The City of Boynton Beach is additional insured for general liability.
UMITS
GENERAL AGGREGATE
P RODUCTB-COMP/OP AGG.
PERSONAL & ADV. INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED. EXPENSE (Any one person
COMBINED SINGLE
LIMIT
BODILY INJURY
(P~ person)
BODILY INJURY
(Per accident) $
PROPERTY DAMAGE
EACH OCCURRENCE
$ 1,000,000
$ 1,000,000
$ 1,000,000
1,000,000
$
$
$
$
AGGREGATE $
STATUTORY LNITB
EACH ACCIDC_NT $
DISEASE--POLICY LIMIT $
DISEASE ~ACH EMPLOYEE $
$1,000,000 per Occurrence
and in Aggregate
City of Boynton Beach
124 E. Woolbright Rd.
Boynton Beach, FL 33435
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 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 KIND UPON THE COMPANY. ITS REPRESENTATIVES.
AUTHORizi=u REPRESENTATIVE ~ .~. / ..~ ~ /' /