R00-137 RESOLUTION NO. R00-/,~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE FOUR
(4) SEPARATE AGREEMENTS BETWEEN THE CITY OF
BOYNTON BEACH AND CAMP DRESSER & McKEE,
INC.; CH2M HILL; HARTMAN & ASSOCIATES, INC.;
AND METCALF & EDDY, INC. FOR GENERAL
CONSULTING ENGINEERING SERVICES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, per Commission authorization (Resolution No. R00-120),
September 5, 2000, the Utilities Department has negotiated agreements
Camp Dresser & McKee, Inc., CH2M Hill, Inc., Hartman & Associates,
nc., and Metcalf & Eddy, Inc.; and
WHEREAS, the City Commission of the City of Boynton Beach, upon
'ecommendation of staff, hereby deems it to be in the best interests of the
and residents of the City of Boynton Beach, to enter into an agreement
the four (4) above stated engineering firms to provide consulting
ineering work for the City's Utility Department, and to authorize the Mayor
City Clerk to execute said consulting engineering Agreements;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
hereby authorize and direct the Mayor and City Clerk to enter into
reements with the following four engineering firms to provide consulting
lineering work for the City's Utility Department:
Camp Dresser & McKee, Inc,. of West Palm Beach, Florida;
CH2M Hill of Deerfield Beach, Florida;
Hartman & Associates, Inc,. of Orlando, Florida; and
Metcalf & Eddy, Inc., of Miramar, Florida
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this
day of October, 2000.
Vice Mayor
Mayor Pro Tern
C~"missioner
~rk
Services092600
APPENDIX B
AGREEMENT
for
GENERAL ENGINEERING CONSULTING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Metcalf & Eddy_, hereinafter referred to as "Consultant'', in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for general
engineering services for the City of Boynton Beach, Utility Department, RFQ No. 064-2821-
00/KR; and
WHEREAS, RFQ No. 064-2821-00/KR defined a scope of services for design services,
permitting, bidding services, construction administration, and all miscellaneous services for the
areas of storm water, public drinking water, and waste water collection and transmission; and
WHEREAS, RFQ No. 064-2821-00/KR further defined the scope of services to include
rate analysis, revenue bond, NPDES permitting, Clean Air Act compliance, risk management,
hazard assessment, Consumer Confidence compliance, organizational development and training,
design-build construction especially of water main replacements and other assignments logically
tied to the development, operation and maintenance of the Utility; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's procurement Code, and Florida Statute 286.055,
the Competitive Consultants Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on September 6, 2000, accepted the City
Administration's recommendation and designated Consultant as one of four (4) qualified
consulting firms to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the CitY whereby the
Metcalf & Eddy
CA-1
APPENDIX B
Consultant, on a non-exclusive basis. Under the terms of this agreement, Consultant, on
written request by the City, will provide profeSsional engineering services to the City for:
B.
C.
D.
individual projects in which construction costs do not exceed $500,000.00, or
individual study activity when the fee for such professional service does not
exceed $25,000, or
for engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
design build projects
SCOPE OF SERVICES. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be assigned
to Consultant are set forth on Exhibit "A". Consultant acknowledges that it is one of four (4)
consulting firms which will be assigned projects listed on Exhibit "A" and that the City has
made no representation or promise regarding which projects or the number of projects that
will be assigned to Consultant.
TERM. This Agreement has no fiXed tenn.
TIME FOR PERFORMANCE. Work under this contract shail commence upon 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 agreement from the date written notice
is given to proceed, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted annually at the request of the Consultant and following approval by the City.
Approval of rate changes shall be by resolution of the City Commission.
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 mount approved.
Final payment of any balance due the Consultant will be made promptly upon its
ascertainment and verification by the City after the completion of the work under this
agreement 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.
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.
CA-2
Metcalf & Eddy
APPENDIX B
o
OWNERSH~ AND USE OF DOCUMENTS. All 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. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the
City that it is competent to engage in the scope of services contemplated under this
agreement and that it will retain and assign qualified professionals to all assigned projects
during the term of this Agreement. Consultant's services shall meet a standard of care for
professional engineering and related services equal to or exceeding the standard of care for
engineering professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated
by this service 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.
10.
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. Neither party
to this Agreement shall be liable to any third party claiming directly or through the other
respective party, for any special, incidental, indirect or consequential damages of any kind,
including but not limited to lost profits or use, that may result from this Agreement or out of
the services or goods furnished hereunder.
11.
INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
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 fitteen (15) days of execution of this agreement.
12. 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
CA-3
Metcalf & Eddy
APPENDIX B
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.
13. 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 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, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fe~, gift, or contingent fee. "
14. 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.
15. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this agreement without the express written consent of the City.
16. 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.
17. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
bo
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.
c. The Consultant reserves the right to terminate this Agreement by giving thirty (30) days
written notice to the City.
18. 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.
Metcalf & Eddy
CA-4 "
APPENDIX B
19. 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: Kurt Bressner, City Manager
Notices to Consultant shall be sent to the following address:
Metcalf & Eddy, Inc.
3760 Executive Way
l~ra~ar, Florida 33025
Attention: Roberto S. Ortiz, Vice President
20. 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 of'al. This
agreement may be mended only by written immanent signed by both City and Consultant.
21. TERM: This Agreement for continuing services shall have an open term, subject only to
the termination provisions set forth in Paragraph 17 above.
DATEDthis /,,~ dayof /l~t/~',~a~'~' 20,~
M~o~'-'~/ / '~' ~" -"-'- ~ Consultant Robeto S.
.,,,- '
Attest/Authenticated: ~. v ..., .... :,. Vice President
~ 0 .,_b~ 'x'~,2*. 6" ~
--- i~ ~-~, ._. Title
Rev. 8/22/00
9 / 16/00
9/21/00
s:ca~gr\General Eng092100
Metcalf & Eddy
CA-5
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9=~4 450 ~1~ TO 4~1~1742629~
EXHIBIT B
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RTESHTI.xb
APPENDIX B
AGREEMENT
for
GENERAL ENGINEERING CONSULTING SERVICES
THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Haman & Associates, Inc., hereinafter referred to as "Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for general
engineering services for the City of Boynton Beach, Utility Department, RFQ No. 064-2821-
00/KR; and
WHEREAS, RFQ No. 064-2821-00/KR defined a scope of services for design services,
permitting, bidding services, construction administration, and all miscellaneous services for the
areas of storm water, public drinking water, and waste water collection and transmission; and
WHEREAS, RFQ No. 064-2821-00/KR further defined the scope of services to include
rate analysis, revenue bond, NPDES permitting, Clean Air Act compliance, risk management,
hazard assessment, Consumer Confidence compliance, organizational development and training,
design-build construction especially of water main replacements and other assignments logically
tied to the development, operation and maintenance of the Utility; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's procurement Code, and Florida Statute 286.055,
the Competitive Consultants Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on September 6, 2000, accepted the City
Administration's recommendation and designated Consultant as one of four (4) qualified
consulting firms to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
Hartman & Associates, Inc,
CA-1
APPENDIX B
Consultant, on a non-exclusive basis. Under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
B.
C.
D.
individual projects in which construction costs do not exceed $500,000.00, or
individual study activity when the fee for such professional service does-not
exceed $25,000, or
for engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
design build projects
SCOPE OF SERVICES. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be assigned
to Consultant are set forth on Exhibit "A". Consultant acknowledges that it is one of four (4)
consulting firms which will be assigned projects listed on Exhibit "A" and that the City has
made no representation or promise regarding which projects or the number of projects that -
will be assigned to Consultant.
4. TERM. This Agreement has no fixed term.
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 provide all work product required pursuant to this agreement from the date written notice
is given to proceed, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
ao
Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted annually at the request of the Consultant and following approval by the City.
Approval of rate changes shall be by resolution of the City Commission.
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 mount approved.
Co
Final payment of anY balance due the Consultant will be made promptly upon its
ascertainment and verification by the City after the completion of the work under this
agreement 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.
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.
CA-2
Hartman & Associates, Inc.
APPENDIX B
o
OWNERSHIP AND USE OF DOCUMENTS. All 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. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
o
WARRANTIES AND REPRESENTATIONS. Consultant represents and wan'ants to the
City that it is competent to engage in the scope of services contemplated under this
agreement and that it will retain and assign qualified professionals to all assigned projects
during the term of this Agreement. Consultant's services shall meet a standard of care for
professional engineering and related services equal to or'exceeding the standard of iare for
engineering professional practicing under similar conditions.
o
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated
by this service 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.
10. 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 attomeys 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. Neither party
to this Agreement shall be liable to any third party claiming directly or through the other
respective party, for any special, incidental, indirect or consequential damages of any kind,
including but not limited to lost profits or use, that may result from this Agreement or out of
the services or goods furnished hereunder.
11. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
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.
12. 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
'CA-3
Hartman & Associates, Inc.
APPENDIX B
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.
13. 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 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 fight 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, commission, percentage, brokerage fee, gift, or contingent fee.
14. 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.
15. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this agreement without the express written consent of the City.
16. 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.
17. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
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.
c. The Consultant reserves the right to terminate this Agreement by giving thirty (30) days
written notice to the City.
18. 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.
Hartman & Associates, Inc.
CA-4
APPENDIX B
19. 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: Kurt Bressner, City Manager
Notices to Consultant shall be sent to the following address:
Mr. Gerald C. Bartman, P.E.
Hartman & Associates.
201 East Pine Street. Suite 1000
Florida 32801
20.
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.
21. TERM: This Agreement for continuing services shall have an open term, subject only to
the termination provisions set forth in Paragraph 17 above.
DATED this /~ day of /1/~t/,a",,;;~,,~ 20,~a
.,~.~o~,~% ~ // ~ . ~t~
· . ~' X ...... ~, '~ //.' '
(Corporate Sea!)
Rev. 8/22/00
9/16/00
9/21/00
s:ca~agr\General Eng092100
Hartman & Associates, Inc.
CA-5
EXHIBIT B
HARTMAN & ASSOCIATES, INC.
HOURLY RATE SCHEDULE
CITY OF BOYNTON BEACH
G.C. Hartman
Principals
Senior Manager
Senior Engineer/Hydrogeologist
Division Manager
Engineer/Hydrogeologist VIII
Engineer/Hydrogeologist VII/Senior Project Manager
Engineer/Hydrogeologist VI
Engineer/Hydrogeologist V
Engineer/Hydrogeologist IV
Engineer/Hydrogeologist III
Engineer/Hydrogeologist I/II
Senior Scientist
Scientist
Science Technician
Senior Management Consultant
Management Consultant
Senior Rate Analyst
Rate Analyst
Research Analyst
Senior Inspector
Inspector
Senior GIS Analyst
GIS Anal,,st
Engineering Designer IV
Engineering Designer III
Engineering Designer II
Engineering/Hydrogeologist Technician IV
Engineenng/Hydrogeologist Technician III
Engineering/Hydrogeologist Technician II
Engineenng/Hydrogeologist Technician I
Graphics Manager
Graphics Technician
Professional Land Surveyor/Mapper
Surveying Technician IV
Surveying Technician III
Surveying Technician II
Surveying Technician I
Administrative Assistant/Senior Word Processor
Word Processor/Secretarial Support
Reproduction/Courier Support
$235.00
$185.00
$175.00
$160.00
$145.00
$130.00
$120.00
$110.00
$95.00
$90.00
$80.00
$70.00
$120.00
$85.00
$65.O0
$130.00
$105.00
$95.0O
$90.00
$65.00
$90.00
$70.00
$80.00
$60.00
$90.00
$85.00
$75.00
$80.00
$65.00
$60.00
$55.00
$70.00
$60.00
$90.00
$80.00
$70.00
$60.00
$50.00
$60.00
$50.00
$40.00
Effective Date: July 6, 2000 (These hourly rates will be in effect for three years and thereafter may be
adjusted to reflect changes in the various elements that comprise them). Payment is due upon receipt of
invoice. Past due invoices (31 days or more from invoice date) will be increased by 1.5% per month, or
the maximum allowed by law.
IAVordproc/2000/00-197.mk/hourly-rates/3 hrlyrte-2.doc
APPENDIX B
AGREEMENT
for·
GENERAL ENGINEERING CONSULTING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and CH2M Hill, Inc., hereinafter referred to as "Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for general
engineering services for the City of Boynton Beach, Utility Department, RFQ No. 064-2821-
00/KR; and
WHEREAS, RFQ No. 064-2821-00/KR defined a scope of services for design services,
permitting, bidding services, construction administration, and all miscellaneous services for the
areas of storm water, public drinking water, and waste water collection and transmission; and
WHEREAS, RFQ No. 064-2821-00/KR further defined the scope of services to include
rate analysis, revenue bond, NPDES permitting, Clean Air Act compliance, risk management,
hazard assessment, Consumer Confidence compliance, organizational development and training,
design-build construction especially of water main replacements and other assignments logically
tied to the development, operation and maintenance of the Utility; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's procurement Code, and Florida Statute 286.055,
the Competitive Consultants Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on September 6, 2000, accepted the City
Administration's recommendation and designated Consultant as one of four (4) qualified
consulting finns to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
CA-1
CH2M Hill
APPENDIX B
Consultant, on a non-exclusive basis. Under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
B.
C.
D.
individual projects in which construction costs do not exceed $500,000.00, or
individual study activity when the fee for such professional service does not
exceed $25,000, or
for engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
design build projects
SCOPE OF SERVICES. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be assigned
to Consultant are set forth on Exhibit "A". Consultant acknowledges that it is one of four (4)
consulting firms which will be assigned projects listed on Exhibit "A" and that the City has
made no representation or promise regarding which projects or the number of projects that
will be assigned to Consultant.
4. TERM. This Agreement has no fixed term.
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 provide all work product required pursuant to this agreement fi.om the date written notice
is given to proceed, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted annually at the request of the Consultant and following approval by the City.
Approval of rate changes shall be by resolution of the City Commission.
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 will be made promptly upon its
ascertainment and verification by the City after the completion of the work under this
agreement 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.
eo
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.
CA-2
CH2M Hill
APPENDIX B
oWNERsHIP AND USE OF DOCUMENTS. All 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. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the
City that it is competent to engage in the scope of services contemplated under this
agreement and that it will retain and assign qualified professionals to all assigned projects
during the term of this Agreement. Consultant's services shall meet a standard of care for
professional engineering and related services equal to or exceeding the standard of care for
engineering professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated
by this service 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.
10. 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. Neither party
to this Agreement shall be liable to any third party claiming directly or through the other
respective party, for any special, incidental, indirect or consequential damages of any kind,
including but not limited to lost profits or use, that may result from this Agreement or out of
the services or goods furnished hereunder.
11.
INsURANcE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occun'ence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City aS an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
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.
12.
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
CA-3
CH2M Hill
APPENDIX B
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.
13.
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 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 fight 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, commission, percentage, brokerage fee, gift, or contingent fee.
14.
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.
15. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this agreement without the express written consent of the City.
16. 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.
17. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
bo
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.
c. The Consultant reserves the right to terminate this Agreement by giving thirty (30) days
written notice to the City.
18. 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.
CA-4
CH2M Hill
APPENDIX B
19. 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: Kurt Bressner, City Manager
Notices to Consultant shall be sent to the following address:
CH2M HILL
800 Fairway Drive, Suite 350
Deerfield Beach, FL 33441
Attn: Thomas M. McCormick, Vice President
20.
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.
21. TERM: This Agreement for continuing services shall have an open term, subject only to
the termination provisions set forth in Paragraph 17 above.
DATEDthis /.~ dayof /I/~e'~',r~,(~t~'~
Attest/Authenticated ~ _:,iIqTO/V ,, ~'/. ///c~' ~'~r_J ....
:
CitgCler~ /
/1 /.
.
' % ;,, .
Ap~~ t~ llttlIiiiIBIli[XXA~esffAuth~Ucated: ..
~of the Cit~y ~ecret~
Rev. 8/22/00
'9/16/00
9/21/00
s:caXagr\General Eng092100
CA-5
CH2M Hill
m
EXHIBIT
ATTACHMENT C
CH2M HILL, INC.
Direct Labor Rates Year 2000
Classification ~ 2.9
Senior Consultant II See Note 1
Senior Manager II / Senior Consultant $ 250.00
Senior Manager I / Technical Consultant $ 201.00
Division Manager $169.00
Senior Project Manager / Technical Consultant $150.00
Project Manager/Senior Project Professional $123.00
Senior Project Professional $100.00
Project Professional II $ 87.00
Project Professional I $ 77.00
Lead Technician / Supervisor
Senior Technician
Certified Technician (Designer)
Technician (Drafter)
Junior Technician
Technical Aide
$107.00
$ 89.00
$ 76.00
$ 66.00
$ 57.00
$ 52.00
Office Support $ 62.00
Note 1' Senior Consultant II classification should be priced using
employees' actual labor rates
COMPANY CONFIDENTIAL AND PROPRIETARY
AGREEMENT
for
GENERAL ENGINEERING CONSULTING SERVICES
APPENDIX B
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "City", and Camp Dresser & McKee, Inc., hereinafter referred to as "Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, the City issued a Request for Qualifications invitation for general
engineering services for the City of Boynton Beach, Utility Department, RFQ No. 064-2821-
00/KR; and
WHEREAS, RFQ No. 064-2821-00/KR defined a scope of services for design services,
permitting, bidding services, construction administration, and all miscellaneous services for the
areas of storm water, public drinking water, and waste water collection and transmission; and
WHEREAS, RFQ No. 064-2821-00/KR further defined the scope of services to include
rate analysis, revenue bond, NPDES permitting, Clean Air Act compliance, risk management,
hazard assessment, Consumer Confidence compliance, organizational development and training,
design-build construction especially of water main replacements and other assignments logically
tied to the development, operation and maintenance of the Utility; and
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City's procurement Code, and Florida Statute 286.055,
the Competitive Consultants Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope of services set forth in the Request for
Qualifications invitation; and
WHEREAS, the City Commission on September 6, 2000, accepted the City
Administration's recommendation and designated Consultant as one of four (4) qualified
consulting firms to provide general engineering services to the City; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an agreement with Consultant defining terms and conditions for the performance of
engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true
and correct.
2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general
engineering consulting services under a continuing contract with the City whereby the
CDM, Inc
CA-1
APPENDIX B
Consultant, on a non-exclusive basis. Under the terms of this agreement, Consultant, on
written request by the City, will provide professional engineering services to the City for:
B.
C.
D.
individual projects in which construction costs do not exceed $500,000.00, or
individual study activity when the fee for such professional service does not
exceed $25,000, or
for engineering work of a specified nature as hereinafter identified in the scope of
services and as requested by the City with no time limitation, or
design build projects
SCOPE OF SERVICES. Consultant agrees to perform engineering services on specified
projects at the request of the City during the term of this agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be assigned
to Consultant are set forth on Exhibit "A". Consultant acknowledges that it is one of four (4)
consulting firms which will be assigned projects listed on Exhibit "A" and that the City has
made no representation or promise regarding which projects or the number of projects that
will be assigned to Consultant.
4. TERM. This Agreement has no fixed term.
o
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 provide all work product required pursuant to this agreement from the date written notice
is given to proceed, unless an extension of such time is granted in writing by the City.
6. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
ao
Payment for the work provided by Consultant shall be made based on the hourly rates as
provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be
adjusted annually at the request of the Consultant and following approval by the City.
Approval of rate changes shall be by resolution of the City Commission.
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 will be made promptly upon its
ascertainment and verification by the City after the completion of the work under this
agreement and its acceptance by the City.
do
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.
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.
CA-2
CDM, lnc
APPENDIX B
OWNERSHIP AND USE OF DOCUMENTS. All 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. Any use of the documents for purposes other than as originally
intended by this Agreement, with out the written consent of the Consultant, shall be at the
City's sole risk.
o
WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the
City that it is competent to engage in the scope of services contemplated under this
agreement and that it will retain and assign qualified professionals to all assigned projects
during the term of this Agreement. Consultant's services shall meet a standard of care for
professional engineering and related services equal to or exceeding the standard of care for
engineering professional practicing under similar conditions.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated
by this service 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.
10. 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. Neither party
to this Agreement shall be liable to any third party claiming directly or through the other
respective party, for any special, incidental, indirect or consequential damages of any kind,
including but not limited to lost profits or use, that may result from this Agreement or out of
the services or goods furnished hereunder.
11. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000. The general liability policy shall include the City as an additional insured and
shall include a provision prohibiting cancellation of the policy except upon thirty (30) days
prior written notice to the City.
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.
12. 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
CA-3
CDM, Inc
APPENDIX B
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.
13. 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 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, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
14. 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.
15. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this agreement without the express written consent of the City.
16. 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.
17. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
bo
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.
c. The Consultant reserves the right to terminate this Agreement by giving thirty (30) days
written notice to the City.
18. 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.
CDM, Inc
CA-4
APPENDIX B
19. 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: Kurt Bressner, City Manager
Notices to Consultant shall be sent to the following address:
Camp Dresser & McKee Inc.
1601 Belvedere Road, Suite 211, S
West Palm Beach, Florida 33406
Attention: David Holtz, Principal
20. 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.
21. TERM: This Agreement for continuing services shall have an open term, subject only to
the termination provisions set forth in Paragraph 17 above.
DATED this ,~ day of F__~~,~' 20~.
Attest/Authenticated:
~,,\BIIIIIIIIIiiz ,
· ~\\'
.,,' ...~ ~ro,v %. ~r",.--/:'
...- '~ .,,,.,.~..,.. ~ ~
~: o/~o ~8% o ~ ~ Title Sr. Vice President
~ (Corporate Seal)
0./
C~t~'Clerk ~ - :v -'., ~ '-'~' ...'
~ ,/' /"7 -'.'v. '2-':":''~,~' .~
/1 / / %,. ,'-",_ o~x'~ ,~-
· /,I . /.-, / ' ',9,, - '~ ·
"'"~,~t~i~n~x~ At, t~st/Authentic ated:
Offiee/°'fthe~~mey ~TetarYJames S. Lackman
Rev. 8/22/00
9/16/00
9/21/00
s:ca~agr\General Eng092100
CA-5
CDM, Inc
o
z
EXHIBIT B
CAMP DI~SS~R & McKBE INC.
SCHMDULE OP BILLING RATI~
FOR
CITY OF BOYNTON BE~CH EN~G SERVICES
CAT~GOPJES:
OFI~CT~
TECHNICAL SPECIALIST
PRO)~CT D~OR
S~OR ~G~/S~
PROSE~IONAL ~
PRO~SSIONAL I
S~OR S~PORT SER~
ST~ ~PORT SER~
S~OR ~LD PRO~SSIONAL
~LD PRO~SIONAL
~E~L
HOURLY i~ATE
$170
$144
$138
$123
$78
$6?
$99
$61
1. Billing ra~es shall be reviewed and may be adjusted annually.
2. For lump sum projects, billing rates shall be used as fl~e basis f~ developing lump sum
cord;rac't amotmts.
3. Subconsultant cost~ shall include a lO-percent mark-up,
O000-~MS.DFi-I~