R93-176RESOLUTION NO. R93-/~
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 GOITIA & MICHUDA, INC., WHICH
AGREEMENT IS ATTACHED HERETO AS EXHIBIT
"A"; AUTHORIZING UTILITIES DEPARTMENT
STAFF TO NEGOTIATE A DRAFT AGREEMENT WITH
PALM BEACH COUNTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, upon recommendation of staff, has deemed it appropriate
to enter into a Consultant Agreement with Goitia & Michuda,
Inc., providing for civil services in connection with the
project designated Flavor Pict Road - 12" Water Main Extension
Military Trail to LWDD E-3 Canal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section i. The City Commission of the City of Boynton
Beach hereby authorizes and directs the Mayor and City Clerk
to execute a Consultant Agreement between the City of Boynton
Beach and Goitia & Michuda, Inc., providing for civil services
in connection the project designated Flavor Pict Road 12"
Water Main Extensmon - Military Trail to LWDD E-3 Canal.
Section 2. The City Commission hereby authorizes the
Utilities Department to negotiate a draft agreement with Palm
Beach County regarding the construction and funding of potable
water system interconnecLs, for future consideration and
approval by the City Commission.
Section 3. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this ~ day of November, 1993.
CITY OF BEACH, FLORIDA
Mayor
ATTEST:
C '~ 'Clerk
(Corporate Seal)
Auths ig. WP5
C omm-l~s s i On e r
~ssi~r
CONSULTANT AGREEMENT FORM
CIVIL ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach,
hereinafter referred to as "the City", and GOITIA & M~.~NUDA. INC.
hereinafter referred to as "the Consultant"% in consideration of the
mutual benefits, terms, and conditions hereinafter specified·
RroJect Desiqnation. The Consultant is retained by the City to
perform CIVIL ENGINEERING services in connection with the
project designated FLA¥0R PICT ROAD - 12" WATER MAIN EXTENSION -
MILIIARY IR63~ TO LWDD E-3 CANAL
Scope of Services. Consultant agrees to perform the services,
identi~ied' ~n Exhibit "A" attached hereto, including the
provision of all labor, materials, equi~ment and supplies.
Time for Performance· Work under this contract shall commence
~pon 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 agreemeat 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.
e
Pa~nt. The Consultant shall be paid by the City for completed
work and for services rendered under this agreement as follows:
Pavement 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
$ 17~910.00 without express written modification of the
agreement signed by the City.
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.
Final payment of any balance due the Consultant of the
contract prioe earned will be made promptly upon its
ascertainment and verification by the City after the
conr~letion of the work under this agreement and its
acceptance by the City.
total
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.
ee
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 Agreement
page 2
®
FLAVOR PICT ROAD
12" WATER MAIN
three (3) years after final payments. Copies shall be made
available upon request.
Ownership and Use 9f Documents. All documents, drawings,
~pe¢ifioations 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
~rvioes contemplated by this agreement, faithfully observe and
comply with all federal, stateand local la~s, 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 of~icerS, 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 $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 $250,000.
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) d~ys 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 thi~
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
FLAVOR PICT ROAD
12" WATER MAIN
10.
11.
12.
13.
Covenant Against Cogtin~ent Fee~. 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 ann company or ~erson, other than a bonafide employee working
=olely for the consultant, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration contingent upon
or resuiting 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 amount of such fee, commission,
percentage,
work
on the
age, sex o~ the
the selection and.
materials or supplies.
gift, or contingent fee.
o£
Consultant, with regard to the
, will not discriminate
national Origin, religion, creed,
or sensorY handicap in
procurement of
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-Waive~.. 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.
The City reserves the right to terminate this agreement
any time by giving ten (10) days written notice to the
Consultant.
at
15.
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 o£ the Consultant and the City, if
the City so chooses.
Disputes. Any dispute, arising out of the terms or conditions of
%his 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
sent to the following address:
City of Boynton Beach
P.O, Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to
address~
FtAVOR PICT ROAD
12" WATER MAIN
Boynton Beach shall be
the following
GOITIA & MICHUDA, INC.
POST OFFICE BOX 20156
WEST PALM BEACH, FLORIDA 33416-0156
17. Inteqrated 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 /~/~-~-~..~.-~ 199~
CITY OF BO~NTON BEACH
Attest/Authenticated:
C£~y Clerk
GOITIA ,~ MICHUDA,/,"!N~. ,
/
Tit~er-A]lG~L E. GOI 'IA, PRESIDENT
(Corporate Seal%
Approved as t ~Form:
Off~" of th(e~C~ity Attorney
Attest/Authenticated
Secp ry
Rev. 1/22/91
This is EI(IIIBIT A. consisting of 2 page(s), referred
to in the Consultant Agreement Form for Civil Engineer-
ing Services. dated 19__
Further Description of Basic Engineering Services and Related Matters
Section 2 of the Agreement is amended and supplemented co include the
following agreement of the parries:
SECTION A2 - SCOPE OF SERVICES
A2.1. Project Description and Scope
The Project. as referred ro herein, will consist of the construction of a I2"
Water Main extension in the Flavor Pict Road R/W. from the east side of Military Trail
ro the west side of the E-3 Canal, a distance of approximately 2800 LF [0.53 miles,.
The proposed water main will: connect to an existing CITY owned 12" water main located
in the northeast corner of the Military Trail / Coconut Lane intersection cross
Military Trail via an open-cut road crossing; extend west. down the north side of the
Flavor Pict Road R/W to the LWDD E-3 Canal: cross the E-3 Canal via an aerial crossing
on the proposed bridge for P.B. County's Proj. ~92504; and terminate on the west side
of the canal ar the west R/W line of the E-3 Canal. No service connections to existing
properties are anticipated at this time (with the exception of perhaps the Dubois Farms
Purcell. Casing pipes under the proposed road will be located at strategic points along
the route of the proposed water main for future connections. The aerial crossing of
the canal will be accomplished by cantilevering the bent caps to the north and
providing concrete saddles on top of the cap to support the proposed water main,
Also included in this Project are any utility adjustments ro the existing CITY
water main in Coconut Lane east of Military Trail. which are the result of conflicts
with the proposed roadway construction for the widening of Coconut Lane in this area.
the proposed water main Project will be bid and constructed in conjunction with Palm
Beach County's roadway construction for Flavor Pict Road and as such. the plans for the
Project will be included in the Roadway Contract Plans ENGIN~ER is currently preparin~
for County Project ~ 92504 as a separate, "Contingency Item" of work.
A2.2. Scope of ENGINmiK's Basic Services.
ENGINeER's Basic Services will include engineering design and preparation of the
"WATER S~INUTILITYCONT~PL~NS" required for the Project, as itemized below:
A.2.2.1. In-House Pro£essfonai Services:
a)
b)
c)
d)
Proposed Water Main Plan & Profile Sheets (1"=20') - 5 Sheets
Adjustments To existing Water Main east of Military Trail
Plan & Profile Sheets (1"=20'~ - 2 Sheets
Add proposed Water Main to Roadway Drainage Structure Sheers
Add Adjustments of existing Water Main to Drainage Structure Sheets
Page 1 of 2 pages
e)
f)
g)
h)
i/
Water Main Plans Cover (Key) Sheet / Summary of Quantities - 1 Sheet
Typical Water Details & Aerial Canal Crossing Details - 1 Sheet
Water Main Project Specifications and Special Provisions
Engineering Cost Estimate - Water Main Contingency Items
H.R.S. General Permit submittal and coordination
Projecz Meetings with City and County Staff
A2.2.2. In-House Out-of-Pocket Direct Expenses.
a)
b)
c)
d)
Reproduction Costs for Water Main Plan/Profile Base Sheets
tl set of diazo sepia mylars - - sheets}
Reproduction Costs for City of Boynzon Beach Plan Review
(3 submittals x 3 sets each)
Reproduction Costs for Palm Beach County Plan Review
(3 submittals x 3 sets each)
Reproduction Costs for H.R.S. Permit Submittal (6 sets~
A2.2.3. Outside Serwees - Bridge Structural Engineer
a)
Engineering Design of cap and bent ex[enslons, preparation of Summary of
Quantities and Engineering Cost Estimate.
b) Modifications ro Bridge Plans prepared for Palm Beach County Proj. 92504:
B-1 General Notes and Index
B-2 General Plan and Elevation
B-3 Pile Layout
B-14 End Bent 1
B-15 End Bent 4
B-16 Intermediate Bents 2 & 3
B-17 FinishedGrade Elevations
B-25 Reinforcing Bar List
SECTION A3 - ADDITIONAL SERVICES OF 5NGINEER
A.3.1.
Any Professional Services required or requested beyond the established
Scope of Work or specifically not included in the Basic Services described
above, are not included as Basic Services and shall be considered
Additional Services. Additional Services shall be performed or furnished
by ENGINEER only after receiving written authorization, in advance, from
CITY. These services will be paid for by CITY as indicated in EX~{IBIT B.
Page 2 of 2 pages
I Exhibit A - Basic Services and Related Matters)
This is EI{HIBIT B, consisting of 1 page(s), referred
To in the Consultant Agreement Form for Civil Engineer-
lng Services, dated , 19
Payments to ENGINEER for Services and Reimbursable Expenses
Section 4 of the Agreement is amended and supplemented To include the following
agreement of the parties:
SECTION B4 - PA~IENTS TO ENGINEER
134.1. Methods of Payment for Services and Expenses of ENGINmiK.
B4.1.1. For Basic Services. CITY shall pay ENGINEER for Basic Services as follows:
B4.1.1.1. General. A Lump Sum Fee of Seventeen Thousand One Hundred and Sixty
$ 17.160,00 Dollars, for all services of ENGINEER including services of ~NGINEER's
Bridge Structural Engineering Consultant.
B4.1.1.2. Surveyinf Services. For services of 5NGINEER's Surveying Consultant
required for the Project. at the amount billed TO the ENGINEER for Surveyor's Field
Crew Time, times a factor of 1.05.
Estimated Not-To-Exceed Fee: 9.5 hfs @ $75.00/hr x 1.05 = $ 750.00
B4.1.2. For Additional Services. CITY shall pay ENGINEER for Additional Services as follows:
B4.1.2.1. Generai. For services of ENGINeER's principals and employees engaged di-
rectly on the Project, performed or furnished pursuant to paragraph A.3.1 of E~IBIT
A. an amount equal TO the hours expended by ENGINEER's principals and employees times
ENGINeER's current hourly rates, plus any reimbursable expenses. Not-To-Exceed maximum
amounts for Additional Services will be negotiated on a case-by-case basis.
ENGINeER's current Hourly Rates are: Principal/Engineer - $ 65.00/hr
CADD Technician - $ 40.00/hr
B.4.1.2.2. ~VGfNEER'$ Consultants. For services of ENGINEER's Consultants performed
or furnished pursuant to paragraph A.3.1 of ~x~IIBIT A, the amount billed to ENGINEER
therefor, times a factor of 1.05
B4.1.3. For Reimbursable Expenses. CITY shall pay ENGINEER for Reimbursable Expenses such
as, but not limited to: reproduction of Project documents beyond those included in Basic
Services described in EXHIBIT A, permit fees, long distance telephone, overnight mail. our-
of-county travel, or ~nsurance requirements in excess of ~NGIN~ER's current policy limits.
The amount payable to ENGINEER for Reimbursable Expenses will be the charge actually incurred
or the imputed cost allocated by ENGINEER therefor, times a factor of 1.00
B4.2. Other Provisions Concerning Payments.
B4.2.1. Preparation of Invoices. The portion of the amount billed for ENGtNZER's services
which is on account of the Lump Sum will be based upon 5NGtN~ER's estimate of the proportion
of the total services actually completed au the time of billing. The port,on related ro
services rendered on a time-and-expense (hourly) basis will be billed based on the hours
expended ar the time of billing times the applicable hourly rares stated in paragraph
B4.1.2.1 above.
B4.2.2. Paymenrs Upon Termination. tn the event of termination during any phase of the
~='Basic Services. ENGINEER will be paid for services performed or furnished in accordance with
this Agreement during that phase on the basis of the hours expended times the ENGINeER's
.current Hourly Rates for services performed or furnished durin~ that phase To date of
termination by the ENGINEER's principals and employees engaged directly on the Project.
Page i of 1 pages