R99-088RESOLUTION NO. R99-~
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 FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF
BOYNTON BEACH AND POST, BUCKLEY, SCHUH &
JERNIGAN, INC., PROVIDING FOR ENGINEERING AND
ARCHITECTURAL SERVICES FOR APPROXIMATELY
TWELVE (12) PROJECTS, PIGGY-BACKING A TOWN
OF JUPITER/GENERAL ENGINEERING CONTRACT,
WITH AN ESTIMATED EXPENDITURE OF ~40,000;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach Facilities Management Division has
recommended that the City piggy-back a Town of Jupiter/General Engineering
Contract, No. EPW 97-8, utilizing services from Post, Buckley, Schuh &
Jernigan, Inc., to provide professional engineering and architectural services for
approximately twelve future projects, with an estimated expenditure of
$40,000; and
WHEREAS, the City is empowered by Statute to enter into contractual
arrangements with public agencies, private corporations or other persons; and
WHEREAS, the City Commission has determined that it is in the best
interests of the residents of the City to execute an agreement for professional
services, between the City of Boynton Beach and Post, Buckley, Schuh and
Jernigan, Inc., to provide professional engineering and architectural services for '
approximately twelve future projects, with an estimated expenditure of
t~40,000;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby approve the piggy-backing of the Town of Jupiter/General
Engineering Contract, and authorizes and directs the Mayor and City Clerk to
execute a Consultant Agreement between the City of Boynton Beach and Post,
Buckley, Schuh and Jernigan, Inc., providing for professional engineering, and
architectural services for approximately twelve future projects, with an
estimated expenditure of $40,000, a copy of said Agreement is attached hereto
as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this 10 day of July, 1999.
CITY F BOYN ON :EACH, FLORIDA
ayor ?y 1
Vice Mayor
Mayor Pro Tem
( 2'`
Comm' 'oner
Commissioner
ATTEST:
4. 1- M. aa.thut)
y Clerk —
1 (Corporate Seal)
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CONSULTANT AGREEMENT
THIS AGREEMENT, is entered between the City of Boynton Beach, hereinafter ^„�-?/
referred to as "the City ", and Post, Buckley, Schuh and Jernigan, Inc., 440 -C mbia e�'"
-1 • -, - 11 - • - -- _ - - _ '.:, • 1 •, hereinafter referred to as the
Consultant ". 3 22 2_ C
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WITNESSETH: j f I - r c,,, s , �
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WHERERAS, The City of Boynton Beach, a municipality with those powers and
responsibilities enumerated in Chapter 166 of Florida Statute and Constitution; and
WHERAS, The City is empowered by the Statute to enter into contractual
arrangements with public agencies, private corporations or other persons; and
WHEREAS, The City desires the services of a qualified and experienced
Consultant to provide professional engineering and architectural services; and
WHEREAS, The Consultant is a provider of professional engineering and
architectural services; and
WHERAS, THE Consultant is qualified and willing to provide said services; and
WHEREAS, The Consultant currently has an existing Consultant Agreement with
the Town of Jupiter to provide professional engineering and architectural services; and
WHERAS, The parties have determined that "piggy backing" the Town of
Jupiter Agreement will provide the best service at the best price without compromising
specifications or quality desired.
NOW THEREFORE, for and in consideration of the, premises and conditions
contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
The foregoing whereas clauses are hereby ratified and confirmed as being true
and incorporated by this reference;
1.0. "PIGGY BACK" ONTO CONTRACT BETWEEN CONSULTANT AND TOWN
OF JUPITER:
With the modifications stated herein, the parties agree to "piggy back" onto the
Town of Jupiter contract. The City hereby retains and authorizes the Consultant
to perform consulting services for the City of Boynton Beach through the same
expiration date as the Consultant's Agreement with the Town of Jupiter. With
the modifications explicitly indicated below, the Agreement with the Town of
Jupiter along with its attachments are hereby made part of this Agreement and
incorporated herein by reference. Further, the parties agree that the minimum
comprehensive general liability and business auto liability insurance under
section 5 and Exhibit D shall each be at $1,000,000.00, the scope of general
work /statement of work, project team, basis for compensation and sample work
order shall all remain the same as authorized by the Town of Jupiter's
Agreement.
ADDITIONAL CONTRACTUAL PRIVISIONS:
2.0. 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 endeavor's.
3.0. CHANGES IN THE WORK:
3.1. The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum
being adjusted accordingly. All such work shall be executed under the conditions
of the original Contract. Any claim for extension of time caused thereby shall be
made, in writing, at the time such change is ordered.
3.2. All change orders and adjustments shall be in writing and approved by the
City Manager or City Commission if required, otherwise, no claim for extras will be
allowed.
4.0. TIME OF ESSENCE:
4.1. Inasmuch as the provisions hereof, and of the plans and specifications
herein, and of all the other contract documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are of the essence of the contract.
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5.0. REMEDY FOR DELAY:
5.1. In the event of any delay in the project caused by any act or omission of
the City, its agents or employees, the sole remedy available to Consultant shall be
by extension of the time allocated to complete the project. No monetary damages
shall be claimed or awarded to Consultant in association with any delay in the
project caused by an act or omission of the CITY, its agents or employees.
5.2. Failure on the part of Consultant to timely process a request for an extension
of time to complete the work shall constitute a waiver by Consultant and
Consultant shall be held responsible for completing the work within the time
allocated by this Contract.
6.0. TERMINATION:
6.1. The City reserves the right to terminate this agreement at any time by
giving ten (10) days written notice to the Consultant.
6.2. 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.
7.0. CONFLICTING PROVISIONS: .
In the event of conflicts between the provisions of this Consultant
Agreement and the attachments, including all exhibits, and all documents
incorporated by reference, the provision in the Agreement between the
City of Boynton Beach and the Consultant shall govern such dispute.
8.0. NOTICES:
Notices to the City of Boynton Beach shall be sent to the following
address:
THE FACILITIES MANAGEMENT
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425 -0310
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Notices to Consultant shall be sent to the following address: PBS 4 T
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9.0. INTEGRATED AGREEMENT: ; 34 -
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 the City
and Consultant.
DATED this as day of Ottatt 1999 .
CITY OF BOYNTON BEACH POST, BUCKLEY, SCHUH AND JERNIGAN, INC.
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Mayor Consultant
Attest /Authenticated: ,4) ceevkirl
Title
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Clerk �lZ� 0 _ � �
Approved as to Form: ' % %/u u A est/Aut
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Office of the City Attorney .ecretary
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