R02-161
II
RESOLUTION NO. R02-1101
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
CONSULTANT AGREEMENT WITH URS CORPORATION
FOR PHASE I OF THE PREPARATION OF A
GREENWAYIBIKEWAY MASTER PLAN, RFQ #041-2413-
02/KR, AT A TOTAL COST NOT TO EXCEED $16,350,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 18,2002, this Commission approved the recommendation of
taffto negotiate a contract with URS Corporation, as the number one ranked firm, for Phase
of the preparation of a GreenwayIBikeway Master Plan (RFQ #041-2413-02/KR); and
WHEREAS, the attached Consultant Agreement reflects the outcome of those
egotiations;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I. The City Commission of the City of Boynton Beach, Florida does
ereby authorize and direct the Mayor and City Clerk to approve and execute the Consultant
greement for Phase I of the Preparation of a GreenwayIBikeway Master Plan, for RFQ
041-2413-02/KR, which Agreement is attached hereto.
Section 2.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this -IT- day of September, 2002.
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CONSULTANT AGREEMENT FORM
"PREP ARA TION OF GREENWAY /BIKEWAY MASTER PLAN"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and URS CORPORATION, hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified,
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform Consultant
services in connection with the project designated,
2, 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,
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 provide all work product required pursuant to this agreement by 42 (forty-two) days from
the date written notice is given 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 for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Consultant shall not exceed
$16.350,00 (Sixteen Thousand Three Hundred Fifty Dollars) without express written
modification of the agreement signed by the City.
b, 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,
c, Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City,
d, 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.
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 three (3)
years after final payments, Copies shall be made available upon request.
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5. 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,
6. 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.
7. INDEMNIFICATION, Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
8, INSURANCE, The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$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,
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 ofthis agreement.
9. 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.
10, COVENANT AGAINST CONTINGENT FEES, The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or 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,
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11. DISCRIMINATION PROHIBITED, The Consultant, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this agreement without the express written consent of the City,
13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision,
14. TERMINATION.
a, The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the 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 ofthe Consultant and the City, ifthe City so chooses,
15, DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
16, NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P,O. Box 310
Boynton Beach, FL 33425-0310
Attn: Kurt Bressner, City Manager
Notices to Consultant shall be sent to the following address:
URS CORPORATION
7800 CONGRESS AVENUE, SUITE 200
BOCA RATON, FL 33487
A TTN: ANDREW SCHECHTER
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17. INTEGRATED AGREEMENT, This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, 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
0efr~mber
,2002 '
CITY OF BOYNTON BEACH
URS CORPORATION
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Attest! Authenticated:
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p..\l.V PiJ OFAClALNOTARY SEAL
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r. t COMMISSION NUMBER
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"1<- # MY COMMISSION EXPIRES
OF FI.O MAR. 22,2003
Rev. 1/22/91
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URS
August 21, 2002
City of Boynton Beach
Engineering Department
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Attention: Laurinda A. Logan, P.E., Civil Engineer
Re: Greenways and Bikeways Master Plan - Phase I Scope & Fee
Dear Ms. Logan:
Please find a copy of our proposed scope and fee for the Phase I portion of the Greenways and
Bikeways Master Plan work. The Phase I portion of the work is the Data Collection component of the
project. When the data collection portion of the work is completed, we will know: what existing
information is available; the quality of the data; and what information gaps are required to be filled in
the Phase II portion of the work. This two-phased process gives you a specific scope of work and a
finely tuned compensation schedule.
With respect to the City's Standard Contract, we request only that paragraph 7 (INDEMNIFICATION)
have the following added to the end of the paragraph ". .. during the time period this contract is in
effect."
Weare very enthusiastic about the Greenways and Bikeways Master Plan project and are prepared to
begin work immediately after receipt of the signed agreement and the Notice to Proceed.
Sincerely,
URS CORPORATION
Christopher W.A. Macey, RLA
Associate
CWM:cwm
Enclosure
cc: W. Richard Staudinger, Andrew P. Schechter
URS Corporation
7800 Congress Avenue
Boca Raton, Florida 33487
Tel: 561.994.6500
Fax: 561.994.6524
www.urscorp.com
EXHIBIT "A" TO CONTRACT
Boynton Beach Greenways & Bikeway Master Plan - Phase I Services
Task 1. Phase I Public Involvement Process (PIP) - Situational Assessment
Staffing: Public Involvement Consultant & Project Manager
Time: Week 1 through Week 3
The PIP Situational Assessment will be implemented by the Project Facilitator,
Patricia Bidol-Padva, Ph,D" under the supervision of Chris Macey, Project Man-
ager. Based on her work with similar projects, Dr, Pat Bidol-Padva understands
that the Boynton Beach Greenways & Bikeway Master Plan is a complex multi-
disciplinary public planning project that can enrich the quality of life for the City.
The situation assessment is done with the Project Manager and takes no more
than two weeks (Week 1 through Week 2). The Project Manager will ensure that
the preliminary data collected by URS and the PIP consultant are appropriately
coordinated,
The PIP situational assessment involves the collection and evaluation of socio-
political data, The data collection includes interviews with representatives of
those who are directly affected by the project or can either prevent or help im-
plement the proposed greenway and bikeway master plan, Secondary sources
such as media reports, technical reports and meeting minutes are also reviewed
by the PIP Consultant. An example of questions that may be used during the as-
sessment is illustrated in the following table,
Example of Potential PIP Situational Assessment Questions
Situational Dimension Questions
Parties What parties are directly involved in the project?
What parties are indirectly impacted?
What parties can hinder or enhance the acceptance of the
plan?
Issues What are the major and secondary interests and needs of
each party?
Is it possible that the solutions to the greenways and bike-
ways master plan issues may cause interactive or cumula-
tive impacts?
Is there a need for the proposed plan to establish a legal
or administrative precedent?
Power and Influence Are multiple agencies with differing missions and regula-
tions involved in the preparation of the plan?
What types of power and influence have each of the par-
ties used (or likely to use) when they interact with the other
parties?
4. Relationship Matrix What is the level of interdependency between the inter-
ested public sector entities and each of the other parties?
What is the level of interdependency between the other
parties?
5. Relevance of What incentives exist to motivate the parties to use a col-
Collaboration (Value laborative approach (e.g, timing, supporting legislation,
Added) media impacts, and political leverages )?
Is there a desire to establish or maintain cooperative and
solution-oriented partnerships between the public entity
and the other parties?
The outcomes of the situational assessment will be used to develop a custom-
ized PIP, which will completed within an additional week (Week 3), This custom-
ized PIP will be evaluated throughout the project so changes can be made to in-
crease opportunities to build community understanding of the master plan
Task 2. Phase I Inventory & Preliminary Analysis
a. Corridors
Staff: GIS Staff, Transportation Staff, Project Manager
Time: Week 1 through Week 3
Analyze available (from City, County, and State agencies) GIS data-
bases for the following items:
i. Canals
ii. Power lines
iii. Road right-of-ways
iv, Railway right-of-ways
v. Adjacent greenways & trails
vi. Cultural resources
Results of analysis shall indicate the usefulness of the available data
(differentiation between easements and right-of-ways, propertyowner-
ship, etc) and identify information gaps to be addressed in Phase II.
b. Environmentally Sensitive Lands
Staff: Environmental Staff, Project Manager
Time: Week 2 through Week 3
URS' environmental staff shall characterize the existing and proposed
natural areas using:
i. aerial-photo based analysis with limited ground-truthing
ii. review of existing park management plans
iii. query of FNAI and FFWCC databases, acquired by the
Phase I GIS Data Assembly and Review Task, for T&E spe-
cies records
The findings shall be summarized and recommendations prepared for
the Phase II portion of the work, Such recommendations may include,
but not be limited to: an analysis of the opportunities and constraints;
greenway and bikeway plan alternatives; and environmental restora-
tion and enhancement.
Task 3 Phase I Summary Report
Staff: Project Manager
Time: Week 3 through Week 4
URS shall review the completed Phase I tasks described above and prepare a
summary report that recommends the specific tasks to be undertaken in the
Phase II portion of the work, In addition to a detailed description of the recom-
mended tasks, the summary report shall also provide a project schedule, and a
compensation schedule, The summary report will not only summarize the initial
data collection phase, but also serve as the proposed scope and fee for the
Phase II portion of the project.
Deliverables
URS shall deliver fifteen (15) colored copies of the Phase I Summary Report and
a CD-ROM containing the GIS files referred to in the report,
COMPENSATION SCHEDULE
Tasks Fee
1,0 $4,750
2,0 $9,240
3,0 $1060
Total Labor 15,050
Estimated Reimbursable Expenses $1,300
Estimated Total Including Reimbursables $16,350
The Cit)J of
~'Ynton Beach
Procurement Sen'ices
100 E. Boynton Beach Boulevard
P,O. Box 310
Boynton Beach, Florida 33425-0310
Telephone No: (561) 742-6320
FAX: (561) 742-6306
NOTICE TO PROCEED
TO:
URS CORPORATION
7800 CONGRESS AVENUE, SUITE 200
BOCA RATON, FL 33487
ATTN: ANDREW SCHECHTER
DATE: OCTOBER 14, 2002
PROJECT: "PREPARATION OF GREENWAY/BIKEWAY MASTER PLAN, PHASE I"
RFQ #041-2413-023/KR
You shall commence WORK in accordance with the Agreement dated: September 17. 2002 on or
before OCTOBER 14. 2002 and you are to complete the WORK within 42 CALENDAR DAYS
thereafter.
The date of completion of all WORK is therefore: NOVEMBER 24.2002
The Contractor's point of source for all activity relating to this project will be:
Contact Person:
Laurinda Logan,
Civil Engineer
(561) 742-6482
John Wildner,
Parks Director
(561) 742-6226
CITY OF BOYNTON BEACH
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Bill Atkins, Deputy Director of Financial Services
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by:
cttC2{S~~ W A-. MAC/fS'{,
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Date:
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Title:
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Finance
Amcrica's Gatcway to thc Gulfstrcam
Procurement Services
100 E, Boynton Beach Boulevard
P,O. Box 310
Boynton Beach, Florida 33425-0310
Telephone No: (561) 742-6320
FAX: (561) 742-6306
October 14, 2002
URS CORPORA nON
7800 CONGRESS AVENUE, SUITE 200
BOCA RATON, FL 33487
ATTN: ANDREW SCHECHTER
RE: "PREPARATION OF GREENWAYIBIKEWAY MASTER PLAN. PHASE I"
RFQ #041-2413-02/KR
Dear Mr, Schechter:
We are in receipt of the following documents:
· Insurance Requirements
· Fully Executed Contract
Enclosed please find your copy of the executed Contract. A Purchase Order will be issued upon
the completion of the Notice-to-Proceed,
If you have any questions, please call this office at (561) 742-6322,
Sincerely,
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Bill Atkins
Deputy Director of Financial Services
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Enclosure: Copy of Contract
cc: John Wildner. Parks Director
Laurinda Logan. Civil Engineer
Central File
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