90-BBBBBBRESOLUTION NO. 90-~/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE A CERTAIN
CONSULTANT AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH, FLORIDA AND GEE &
JENSON ENGINEERS-ARCHITECTS-PLANNERS,
INC.; A COPY OF SAID AGREEMENT BEING
ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED by the City Commission
of the City of Boynton Beach, Florida, that:
Section 1. The Mayor and City Clerk
authorized and directed to execute a certain
Agreement between the City of Boynton Beach
Engineers-Architects-Planners, Inc., which
varied responsibilities within the field
are hereby
Consultant
and Gee & Jenson
will provide for
of Engineering,
Architecture,
Section 2. This Resolution shall take
immediately upon passage.
PASSED AND ADOPTED this ~-~day of ~eptember,
and Planning services on an as needed basis.
effect
1990.
BEACH, FLORIDA
%TTEST:
ICi~ Clerk
(Corporate Seal)
ice Mayor
TO:
FROM:
MEMORANDUM
Vinnie Finizio DATE:
Admin. Coord. of Engr.
Sue Kruse
City Clerk
Attached please find ~
~90-BBBBBB by Gee and Jenson
Inc.
RE:
Resolution ~90-BBBBBB ~
original agreements for Resolution
Engineers-Architects-Planners,
Please return to Central File at least one original signed
agreement. Thank you.
Sue Kruse
City Clerk
mas
Attachment
TO:
FROM:
RE:
Sue Kruse
City Clerk
Vincent A. Finizio
Administrative Coordinator oi Engineering
Resolution #90-BBBBBB
Attached please ~ind one (1) original signed agreement ior Resolution ~90-BBBBBB.
Please acknowledge receipt of same. Thank you.
ck
attachment
cc: J. Scott Miller, City Manager
CONSULTANT AGREEMENT FORM
ENGINEERING, ARCHITECTURAL AND PLANNING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach,
hereinafter referred to as "the City", and Gee & Jenson
Engineers-Architects-Planners, Inc., hereinafter referred to as
"the Consultant", in consideration of the mutual benefits, terms,
and conditions hereinafter specified.
Project Desiqnation. The Consultant is retained by the City
to perform engineering, architect and planning services in
connection with the City's Requirement and Request.
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.
Time of Performance. Services 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 deliverables required pursuant to
this agreement for a period of three (3) years commencing
September 5, 1990 through midnight September 5, 1993.
Service Requisition forms shall specify individual time
frames as directed by the City.
Payment. The Consultant shall be paid by the City for
completed work and for services rendered under this
agreement as follows:
Payment for the services provided by Consultant shall
be made as provided on Exhibit "B" attached hereto, and
shall identify either Method 1 or 2 as defined below:
METHOD I - LUMP SUM
Lump Sum Amount: The scope of services for Projects or
Programs shall be thoroughly defined and outlined prior
to its authorization. The City and Consultant shall
mutually agree to a lump sum plus reimbursables amount
for services to be rendered and a detailed scope of
services.
METHOD II - TIME CHARGES
Computation of Time Charqes: The Consultant will
submit a budget cost to the City for prior approval
based on time charges with Exhibit "B" hourly rates
plus reimbursable expenses and other related costs.
The Consultant may submit vouchers to the City once per
month during the progress of the work for partial
Consultant Agreement
Page 2
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 ~ny 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 thisagreement and its
acceptance by the City.
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, and shall not exceed the
budget cost listedupon each Consultant Requisition Form.
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.
Reimbursable expenses will be invoiced at the actual
expenditures incurred by the Consultant if provided in
the Service Requisition as follows:
Expense of transportation and lodging (lodging not
to exceed $75.00/day) when traveling in connection
witk each Service Requisition, long distance calls
and telegrams, and fees paid for securing approval
of authorities having jurisdiction over the
project.
2. Expense of reproductions, postage and handling of
materials.
Expense of overtime work requiring higher than
regular rates, when authorized by the City.
4. Expense of computer time.
Expense of Auto Travel at the current going rate
as paid by the City for vehicle use during the
performance of authorized services.
Ail Subcontractual services shall be invoiced by
the Consultant. subcontractual services shall be
approved by the City in writing prior to
performance of the subcontractual work.
Consultant Agreement
Page 3
Se
6e
84
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 specifications for information, reference
and use in connection with Consultant's endeavors.
Compliance with laws. Consultant shall, in performing
the service contemplatedby 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 e~loyees, or damage to
property occasioned by a negi~gent 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
$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 Agreement
Page 4
10.
11.
12.
13.
14.
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 Aqainst Continqent 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 contact, and that he has not paid or agreed to pay
any company o~ 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, th~ City shall have the
right to annul this contract without liability or, in
its ~iscretion to deduct from the contract p~ice or
consideration, or otherwise recover, the full amoun~ of
such fee, co'mission, 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.
Assiqnment. 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 fourteen (14) days
written notice to the Consultant.
Consultant Agreement
Page 5
15.
16.
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
agrement, 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
Boynto~ B~ach, FL~34.25~0310
Attn: ~Jl~ ~. ~-;~l
Notices to Consultant shall be sent to the following
address:
GEE & JENSON Enqineers-Architects-Planners, Inc.
One Harvard Circle
West Palm Beach, FL 33409
Attn: Philip A. Crannell, Jr.,
Senior Vice President
AIA
Consultant Agreement
page 6
17.
Inteqrated Aareement. 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.
Attest/Authenticated:
Consultant - GEE & JENSON
En~~ts-Pla~ers, Inc.
Title - Philip A~rannell, Jr. AIA
.Se~ce President
Off'of the ~y Attorney
EXHIBIT "A"
"SCOPE OF SERVICES"
FOR CONSULTANT AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH
AND GEE & JENSON ENGINEERS, ARCHITECTS, PLANNERS,
INC.
The Consulting Engineer 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:
1)
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.
projects will include buildings, parks, beaches,
landscaping, water, sewer, drainage and road
· ehabilitation. Technical assistance in the
design of projects performed by City staff,
including surveying will also be requiredi
2)
Review all plat submissions for compliance with City and
C~un~y land development regulations, including applicable
Florida statutes and o~her requisite governmental agency
regulations, in preparation for the En i~eerin consultant's
g g
placement of signature and seal upon approved plat documents.
3)
Review site plans for determining compliance with City codes
and .associated municipal management plans, on an as needed
basis, including the r~view of %and development plans
comprised of paving, grading and drainage.
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.
EXHIBIT "B"
"HOURLY RATE SCHEDULE"
FOR CONSULTANT AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH
AND GEE & JENSON ENGINEERS, ARCHITECTS,
SENIOR PRINCIPAL
PRINCIPAL
SENIOR TECHNICAL SPECIALIST
PROJECT MANAGER
SENIOR ENG-ARCH-PLNR-SURV
ENGINEER-ARCHITECT-PLANNER-SURVEYOR
CADD DESIGNER
SENIOR DRAFTER - TECHNICIAN
CADD DRAFTER
DRAFTER - TECHNICIAN
FIELD REPRESENTATIVE
SECRETARY
COMPUTER TECHNICIAN
SURVEY CREW
4 PERSON
3 PERSON
2 PERSON
MANAGEMENT-FINANCIAL CONSULT
RESEARCH CONSULTANT
COMPUTER TIME
MVl0000 - PER CPU HOUR
- PER CONNECT HOUR
CADD WORKSTATIONS - PER HOUR
PERSONAL COMPUTERS (PCs) - PER HOUR
RATES EFFECTIVE THROUGH JUNE 30, 1991
PLANNERS.
INC.
1990 - 91
150
125
95
85
80
65
65
55
5O
40
55
25
55
92
79
69
70
45
180
6
24
8