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R03-182 , I RESOLUTION NO. R03 - / ~~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING TWENTY COMPANIES AS GENERAL CONSULT ANTS FOR ENGINEERING SERVICES; ACCEPTING NEGOTIATED RATES OF COMPENSATION FOR SERVICES; AUTHORIZING EXECUTION OF CONTRACTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon irecommendation of staff, hereby deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to designate twenty engineering firms as being qualified to provide consulting engineering work for the City's Utility Department, and to accept negotiated rates of compensation for services, and authorize execution of contracts with each ofthe twenty (20) companies; 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 designate the following twenty engineering firms as being qualified to provide consulting engineering work for the City's Utility Department, accepts the negotiated rates of compensation for services, and authorizes execution of agreements, as follows: Arcadis, Geraghty & Miller; Boyle Engineering Corporation; Brown & Caldwell Camp Dresser & McKee, Inc.; CH2M Hill, Inc.; Craig A. Smith & Associates; Crossroads Engineering, Inc.; Global Tech, Inc.; Hartman & Associates, Inc.; Kimley-Hom & Associates, Inc.; LBFH, Inc.; S:\CA\RESO\Agreements\Consultant - Engineering Services 11 0403.doc \I Lawson, Noble & Webb, Inc.; Marco Water Engineering; Matthews Consulting, Inc.; Metcalf & Eddy, Inc.; PBS & J Corporation; SFRN, Inc.; Stanley Consultants, Inc.; URS Corporation; Wantman Group, Inc.; Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this d- day of November, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA p~ -~~- Commissioner S:\CA\RESO\Agreements\Consultant - Engineering Services 11 0403.doc ;; D 3./IL:z AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and W antman Group. 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-282l-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-282l-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope( s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on /1./-1 ~J, I? , 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C 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 consulting and 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. CA-I 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON- 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. 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 of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: WantmanGroup, Inc. 901 Nort.npoint. Pkwy, 8t.p.. ?04 West Palm Beach, FL 33407 Attn: David Brobst, Client Services Manager INTEGRA TED 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. CA-5 DATEDthis~dayof NoveMber , 20 63 . CITY OF BOYNTON BEACH ~ Kurt Bressner, City Manager Attest! Authenticated: Rev. 04/08/03 CA-6 Title ~ (Corporate Seal) Attest! Authenticated: t\~ y'~ . '. I - Secretary EXHffiIT A SCOPE C: INFRASTRUCTURE IMPROVEMENTS . Water Main Replacement . Interconnections . Sanitary Sewer Line, Repair, Rehabilitation, Replacement . Inflow & Infiltration Studies/Repair . Wastewater Pump Station Rehabilitation/Expansion & Analysis . Pump SizinglExpansionllmprovements . Stormwater Management . Swale and Drainage Development/lmprovements . Outfalls . Roadway and Transportation . Neighborhood Improvements . Lighting . Sidewalks . Park Amenities . Other Related services EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Project Director (Principal) $150 Joel Wantman, P.E. President and Chief Executive Officer with involvement in more complex technical or administrative issues. Client Service Manager $130 David Brobst, P .E. P.E. with more than 25 years experience who will be the City of Boynton Beach's primary contact. Senior Project Manager $120 David Wantman, P .E. P.E. or P.S.M. with more than 15 Robin Petzold, P.S.M. years experience who will lead individual work assignments. Project Engineer $85 Jeremy Botto, E.!. P.E. or E.I. with an Engineering John Hall, E.!. Degree who will complete Jimmy Richie, E.!. assignments. Derek Schenavar, E.!. J. D. Whitaker, E.!. Scientist N/A Senior Designer N/A Designer N/A Senior Engineer/Hydrogeologist N/A EngineerlH ydro geologist(T echnical Specialist) N/A Senior Professional Surveyor/Mapper $110 Joe Shatto, P.S.M. P.S.M. with more than 20 years Pat Volpe, P.S.M. experience who will complete assignments. Wantman Group, Inc. 2003 Rates 3 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Professional Surveyor/Mapper $85 Mitch Jarrells, P.S.M. P.S.M. or L.I.T. with more than 5 years experience who will complete assignments. Engineering/Survey Technician $75 Jason Alvarez Non-registered individual who will Joanne Brito complete assignments. Paul Colburn Senior Field Representative (Professional) N/A Survey Crew $165 4 man crew Field survey crew led by a party chief $130 3 man crew than may contain one or crew $100 2 man crew members. GIS Specialist N/A Graphics Specialist N/A Senior Inspector $75 George Price, G.c. Individual who does not have a degree and who will be observing and/or administering construction activity. GPS Equipment Senior Administrative Support $45 Kate Fontaine Administrative Support $30 Rachel TerMors Wantman Group, Inc. 2003 Rates 4 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Paraprofessional N/A Aerial Photogrammetry Will be handled as a subconsultant. Computer System Analysis N/A Rate Study N/A Financial Services N/A Instrumentation and Control Services N/A Human Resource Services N/A Data Acquisition and Control Services N/A Direct Costs - Mark-up % 10% Office, reproduction, mailing, etc. Direct Costs - Mark-up % sub- 10% Stephen Boruff, Inc consultants Land Design South, Inc. Smith Engineering Consultants Tierra, Inc. Bridge Design Associates, Inc. Wantman Group, Inc. 2003 Rates 5 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Senior Project Engineer $100 Jerry Saval. P .E. P.E. or P.S.M. with more than 10 Gary Williams, P .E. years experience who will lead individual work assignments. Utility Locates "Soft Dig" $180 N/A Wantman Group, Inc. 2003 Rates 6 ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNY) 12/04/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa, FL 33622-2668 813289-5200 INSURERS AFFORDING COVERAGE ------ ------ -- - --- ----- -- - --- r- ----- ------------._------ ----- -- - - -----., INSURED INSURER A: St. Paul Fire & Marine Wantman Group, Inc. r--- --.-------.---- ------ ----- - -- - --- ----. INSURER B: St. Paul Fire & Marine 901 Northpoint Pkwy, Suite 204 f-- -------- ---- ------ - -- - -- - -- INSURER C: Security Ins of Hartford West Palm Beach, FL 33407 INSURER D: c- "---- - - - -- ---- _. _______.____u,____ I I INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II~~: 1 TYPE OF INSURANCE POLICY NUMBER Pgklf:(~~~5~ P~~rY EXPIRATION A ~I GENERAL LIABILITY BK01289571 10/18/03 110/18/04 X COM M ERCIAL GENERAL L1AB ILlTY ;--:::J CLAIMS MADE r-x- OCCUR Client#. 5436 COVERAGES - GEN'L AGGREGATE LIMIT APPLIES PER: I POLICY n P'fR+ n LOC B ~TOMOBILE LIABILITY BA01574641 X ANY AUTO f--. ~ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS r NON-OWNED AUTOS ---- -- ---- ------ - ~RAGE LIABILITY ANY AUTO OESS LIABILITY OCCUR ,; CLAIMS MADE '=1 DEDUCTIBLE RETENTION $ B WORKERS COMPENSATION AND WVA772901 EMPLOYERS' LIABILITY 10/10/03 10/10/04 09/18/03 09/18/04 I I I C ! OTHER AEE0223978 07/01/03 '107/01/04 Iprofessional ILiability I DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability is written on a claims made basis. CERTIFICATE HOLDER I ADDmONALINSURED INSURER LETTER. WANTGR03 LIMITS EACH OCCURRENCE '$1 000000 $300 000 $10000 $1 000 000 $2 000.000 $2 000.000 FIRE DAMAGE (Anyone fire) MED EXP (Anyone person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG I I COMBINED SINGLE LIMIT 0-$11 000 000 I (Ea aCCident) , , r---- ------- -------..- ____ ______ ____ BODILY INJURY i $ ~~:~L:~:~URY - -___-1'_,$___-- --- (Per accident) r ----- 1$ -- ---- I PROPERTY DAMAGE : (Per accident) i ~~:::~~:~ E~A~~::~~~------ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ I $ l~A$I~JI~s_L_jOlt~_______ __ E.L. EACH ACCIDENT I $1,000,000 E.L. DISEASE - EA EMPLOYEE1 $1,000,000 E.L. DISEASE. POLICY LIMIT $1 000,000 $1,000,000 ea claim I $2,000,000 ann agg i The City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30- DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TO DOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97)1 of 2 #S82072/M79951 KDR @ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7/97)2 of 2 #S82072/M79951 The City of Bovnton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@cLboynton-beach.t1.us www.boynton-beach.org December 16,2003 Mr. David Brobst Client Services Manager Wantman Group, Inc. 901 Northpoint Parkway, Suite #204 West Palm Beach, FL 33407 RE: RESOLUTION #R03-182 - SCOPE C -INFRASTRUCTURE IMPROVEMENTS Dear Mr. Brobst: Attached please find a certified copy of the resolution mentioned above including attachments for your files. If you have any questions concerning this, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH Yn. C: Barb Conboy Procurement Services Karen Riseley America's Gateway to the Gulfstream f~ )1e City of BovntonBeach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.f1.us www.boynton-beach.org CERTIFICATION I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that a copy of Resolution R03-182 consisting of two pages plus 13 attachments are true and correct copies as they appear in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 16th day of December 2003. .~ ET M. PRAINITO, CMC, CITY CLERK S:\cc\WP\certifications\certification - JP - sailfish.doc America's Gateway to the Gulfstream ( , 1\ ',:J'- /. /l n b} The City of .,'\ Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-645/ FAX: (561}742-62<)8 'I) }, Or "> ( ',' ..~, i...'_~r'iVTO~1 p__ i. "t"'..,., _ i.'/;'t ),,--,.::/ "':1 -.~ ' '.. ': I /., I 1/. .' . .., 1 f_ i LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 15, 2003 RE: 2 Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C D D oPles ate No. escnptlOn 1 Original Agreement - Boyle Engineering Corporation 1 Proof of Insurance REMARKS: Please file accordingly. CC: Procurement Services Karen Riseley SIGNED: erJl-~ IJ 11C3 f () 3~(?c~ AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Boyle Engineering Corporation, 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on Nt) 0, /1 , 2003, accepted the City Administration's recommendation and designated Consultant as one of nine (9) qualified consulting firms for Scope D 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 consulting and 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. CA-I 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of nine (9) consulting firms for Scope D 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. INSURANCE. The Consultant shall secure and maintain in force throughout the duration ofthis 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON- 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. 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 of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: Boyle Engineering Corporation 1400 Centrepark Blvd., Suite 810 West Palm Beach, FL 33401 ATTN: Henry Glaus INTEGRA TED 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. CA-5 DATED this ~ day of NOrJem be, ,20~. CITY OF BOYNTON BEACH ~ ~ Kurt ressner, City Manager ~:;,~ Consultant Attest! Authenticated: 1/1<.,& fJttr:;sI'~ Title (Corporate Seal) Approved as to Form: Attest! Authenticated: Rev. 04/08/03 CA-6 EXHIBIT A SCOPE D: ANCILLARY STUDIES and SERVICES . Rate Analysis . Accounting Procedures . Revenue Bonds . Risk Management . Employee Training . Performance Measurement & Organizational Management . NPDES Permitting . Vulnerability Assessments . Master Plan Updates . Clean Air Act Compliance . Consumer Confidence Report . Consumer Satisfaction Survey . Wastewater Capacity Analysis . Hydraulic Analysis . Power Analysis . Geographic Information Systems . Aerial Photogrammetry & Photography . Process Controls & Instrumentation . Data Acquisition and Control Services (DACS) . Supervisory Control & Data Acquisition (SCADA) . Other Related Services EXHIBIT B SC&,ILE REceiVED OCT 2 2 2IIJ3 1400 Centrepark Boulevard, Suite 810 West Palm Beach, FL 33401 TEL: (561)683-7400 FAX: (561 )683-7010 www.boyleengineering.com , .. ~ 1 I j I, I'" 1 Ms. Barbara Conboy Manager, Utilities Administrator Utilities Department City of Boynton Beach 124 E. Woolbright Road October 21, 2003 Boyntull :3e<:i-C~1, FL ""I..... AI"" It ').J~j-r . RE: Professional Engineering Services Billing Rates Dear Ms. Conboy: Reference is made to your letter of October 10, 2003, regarding Boyle's standard billing rates as compared to the range of rates deemed acceptable by the City. This correspondence confirms that Boyle is agreeable to work within the twenty percent (20%) range above the average rates for the Senior Project Manager and Project Manager employee classifications as presented in your letter. If any further clarification is desired, please do not hesitate to contact this office. Sincerely, ration CHG:kab CC: Tommy Brown/Boyle Engineering - Orlando EMP BILLABLE RA TES - BARBARA CONBOY -UPDA TE.DOC BOYLE ENGINEERING CORPORATION @ Recycled Paper EXHIBIT B Boyle Engineering Corporation Employee Classifications and Billing Rates (October 1, 2003) Boyle Classification PG-8 PG-7 Tim Brodeur; Vic Godlewski, Dan PG-7 Homblette ~ Ii. ~.... 10. J.(:J Juan Guevarez 5i!.t7_1- ar iD.:JI. PG-6 Tom Jacobs, April Stephens, David PG-5, Whitne PG-3 Don Watt, Russ Mathews, Doug Ko elmann Jon Evans, Ken Kaufman, Edith Stevens-Menzel, Ste hen Wilkins Frank Heck, Dwyane Kreidler, Tracy PG-6, Lewis, Steve Lockington, Will PG-5 Lovins, Paul Markel, Pam Miller, Charles Olson, Mark Pellish, David Plavcan, Bob Rutter, Michael ~ Melissa Blaney, Jon Bundy, Jackie Foster, Roberto Gonzalez, Shelia Guevara, Vicki Scarpate, David Selhorst, Chad Shockley, Ed Wills, Zhimin Chen Senior Designer Designer Senior Engineer/Hydrogeologist Engineer/Hydrogeologist (Technical Special $ SIS Direct Costs - Mark-u subconsultants $ $ $ t'!67e& 11t,~ ,,<~ $ l~ $ 100.00 $ 90.00 $ 62.00 $ 125.00 90.00 PG-4, PG-3, PG-2 none none none none none none $ 66.00 Donna Roone $ 75.00 Jim Vernon, Glenn Kendrick none $ 66.00 Barbara Larente; Anka Backer, Janet McKni t $ 54.00 Kartina Baldwin none none 105.00 Tom Baker, Brad Ste hens $ none none none none none 5% mark-up on outside costs; in- house at cost; computers $3.30 per labor hour; communication (fax, long distance $0.55 er labor hour 10% mark-u on subconsultant client#: 5155 BOYLEENGI A CORDTM CERTIFICATE OF LIABILITY INSURANCE T DATE (MM/DDIYY) 12/15/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, cA 92711-0550 714427-6810 INSURERS AFFORDING COVERAGE _____n__.___ .____.,_,. -- "~---_.. --' ..-.---""-'.---- ------. I -. ---- ~- ---- ...._.._---~---- INSURED . HF~-;;~~Ei~~~~Hji~~rd.fil'e-i:n_~~.~o. .= . Boyle Engineering Corporation .--.-. _.~_.._,--_. i_I!'J~U~~R.~:~ecuritylns. Co. of.~_a.!:!ford 1501 Quail Street I INSURER c: -_..'--_--'-0'...._---- '-___""0 --...-,.----....--.-.-- Newport Beach, CA 92660-2746 i INSURER D: 1'--'--.---. ..--- .-.---- .'. -..-..--------..., ,,---.-..--.-- - -_.-_._- ----.---- I i INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~f~ TYPE OF INSURANCE POLICY NUMBER Pgk'CEY ~:~g~E !P%~fJ i.1\'lb~~,wN LIMITS A 57CESSS9265 12/31/02 12/31/03 GENERAL LIABILITY : X COMMERCIALGENERALLlABILlTY :---i CLAIMS MADE .lL OCCUR INDP. CONTRACTORS X CONTRACTUAL INCLUDED. .X BFPD,XCU,Ocp ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY =:J OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B OTHER Professional Liability AEE0700908 12/31102 , 12/31/03 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liab. policy excludes claims arising out of the performance of prof. services. RE: Two-Year General Consulting and Engineering Services Agreement. The City of Boynton Beach is Additional Insured as respects to General (See Attached Descriptions) CERTIFICATE HOLDER AD D mONAL INSURED; INSURER LETTER: CANCELLATION EACH OCCURRENCE ' $1,000,000 I FIREDAMAGE'(Anyonefire} 1$1,000.000 , MED EXP (Anyone person) I $10,000 ! PERSONAL & ADV INJURY i $1 ,000,000 I GENERAL AGGREGATE : $2,000,000 ! PRODUCTS -COMP/OPAGG i 52,000,000 1 ' i I i COMBINED SINGLE LIMIT I : (Ea accident) $ i..'--.--'- .--...---..--+----.-.---.- i BODILY INJURY i (Per person) i $ BODILY INJURY (Per accident) $ i PROPERTY OAMAGE ., $ 1 (Per accident) : Al,J":<:>_C!Nl Y - EA".CC;~I:lEN~_;_~_ ~__.__ OTHER THAN AUTO ONLY: EA ACe $ AGG ,$ I ]$ 1$ i$ 1$ EACH OCCURRENCE . AGGREGATE we STATU- ' .. TOBY LIMITS . E.L. EACH ACCIDENT is 10TH-I ERn, _.u.. :$ : E.L. DISEASE -EA EMPLOYEEI $ i E.L. DISEASE - POLICY LIMIT i $ $1,000,000 Per Claim $1,000,000 Annl Aggr. The City of Boynton Beach Att: Barbara Conboy 124 E. Woolbright Rd Boynton Beach, FL 33435 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL~M~MAIL3D--DAYSWRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHELEFT, B~~'UUIIXXX ~~~~")(XKIJII.XDl'mCXlCX~~ x DllIJElUKJr/MlWXX AUTHORIZED REPRESENTATIVE t;" ACORD 25-S (7/97)1 of 2 #M82854 ...--5TMP1 @ ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) Liability. (GL-AIIX) AMS 25.3 (07/97) 2 of 2 #M82854 POLICY NUMBER: 57CESSS9265 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Boynton Beach Att: Barbara Conboy 124 E. Woolbright Rd Boynton Beach, FL 33435 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 The City of Boynton Beach czr ~..!r\' OF r'~)'~t f'H ,_ (,...v 'J"Tv,1B'-'''''J , -, ", r- 0 ' .... 1-'. { I '~'j t , Li...~;',f,'S OFF,f('(~" "'- Utilities Department 1 24 E. Woolbright Road Boynton Beach. Florida 33435 Phone (561) 742-6451 FAX: (561)742-6298 C3DEC 11 PH 3: 54 LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 11, 2003 RE: 2 Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C D N D optes ate o. escnptlOn 1 Original Agreement - Mathews Consulting, Inc. 1 Proof of Insurance REMARKS: Please file accordingly. cc: Procurement Services Karen Riseley SIGNED: fih~ eJk /)J -II '03 a ~ MATHEWS CO~v~!&Illigng~~~~ December 8, 2003 RECEIVED DEe - 9 2003 BO-_UTlLITIES Ms. Barbara Conboy Manager, Utilities Administration CITY OF BOYNTON BEACH 124 E. Woolbright Road Boynton Beach, Florida 33435 General Consultim! and Enf!ineerinf! Contract Dear Ms. Conboy: Weare pleased to submit herewith the signed original Consultant Agreement per your request. We have also attached the certificates of insurance as required by the agreement. If you have any questions regarding the documents, please contact me at 561-478-7961. Very Truly Yours, NSUL TING, INC. ene L. Mathews, P.E. President Enclosure c: David Mathews, MC File Mathews Consulting, Inc. . 1475 Centrepark Boulevard, Suite 250. Wes{Palm Beach, FL 33401.561-478-7961. Fax 561-478-7964 If () 3 -lr;Z , AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Mathews Consulting. 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on /J(J tl, I?' , 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C 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 consulting and 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. CA-I 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON- 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. 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 of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: I1l(lJ-h4u~ Ch--~ \t\ot' ;r;x: - 1411 S C-€r)i-r --l' po,,)-'k.. (3) V d. ) Su. j -k ;Z S:J \..U-es.+ p~~ &.0 ~ I FL... 3340t .A~" ~v'jJ vYk+N....u~ ,,~U- Pr-RS~~+- J 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. CA-5 DATED this ~ day of NovelY\be.r CITY OF BOYNTON BEACH ~ Kurt Bressner, City Manager Attest! Authenticated: Rev. 04/08/03 ,20~. c!f)~ Consultant ~ : c.. c... ~('" c. ~ : de", "'\- Title (Corporate Seal) Attest! Authenticated: CA-6 EXHffiIT A SCOPE C: INFRASTRUCTURE IMPROVEMENTS . Water Main Replacement . Interconnections . Sanitary Sewer Line, Repair, Rehabilitation, Replacement . Inflow & Infiltration Studies/Repair . Wastewater Pump Station RehabilitationlExpansion & Analysis . Pump SizinglExpansion/Improvements . Stormwater Management . Swale and Drainage Development/Improvements . Outfalls . Roadway and Transportation . Neighborhood Improvements . Lighting . Sidewalks . Park Amenities . Other Related services EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Project Director (Principal) $115 - $125 Rene Mathews, P.E. Client Service Manager $115 - $125 David Mathews, P.E. Senior Project Manager $105 - $115 Barron Caronite, P.E. Rebecca Travis, P.E. Project Engineer Scientist Senior Designer $75 - $80 Sammy Tjiong Tom Fedun Designer Senior EngineerIHydrogeologist EngineerIHydrogeologist(T echnical Specialist) Senior Professional Surveyor/Mapper 3 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Professional Surveyor/Mapper Engineering/Survey Technician Senior Field Representative (professional) $90 - $100 Bruce Wundrack, P.E. Survey Crew GIS Specialist Graphics Specialist Senior Inspector $70 - $75 steve Dellaquila GPS Equipment Senior Administrative Support $45 - $50 Nancy Armstrong Administrative Support 4 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Paraprofessional Aerial Photogrammetry Computer System Analysis Rate Study Financial Services Instrumentation and Control Services Human Resource Services Data Acquisition and Control Services Direct Costs - Mark-up % No Markup - Mileage, printing/ Office, reproduction, mailing, etc. Billed as reproduction, mailing/ direct postage expenses Direct Costs - Mark-up % sub- 10% markup consultants on all ~ubs 5 ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 12/05/2003 PRODUCER (305)822-7800 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Collinsworth, Alter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 9315 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami lakes, Fl 33014-9315 Raquel Williams INSURERS AFFORDING COVERAGE NAlc# INSURED Mathews Consulting, Inc. INSURER A: Greenwich Insurance Co. 1475 Centrepark Blvd. INSURER B Suite #250 INSURER C West Palm Beach, Fl 33401 INSURER D INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pg~!fJ EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ I- DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ I .nPRO- nLOC POLICY JECT AUTOMOBILE LIABILiTY COMBINED SINGLE LIMIT - (Ea accident) $ ANY AUTO - ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY - (Per accident) $ NON-OWNED AUTOS - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESs/UMBRELLA LIABILITY EACH OCCURRENCE $ t=J OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WC STATU- I IOJ~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ if yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below p~THr. . 1 l' b'l' PECOO14067 05/01/2003 05/01/2004 $1,000,000. limit each claim A ro eSSlona - la 1 lty $1,000,000. General Aggregate laims Made Form Retro:5-1-98 $5,000 Deductible each claim p~ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS roject: General Consulting and Engineering Services CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Boynton Beach BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 124 E. Woolbright Road OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE ... - ----:/.~2- ___ Meade CollinsworthjTMQ C~~~A>a/dti':~ ACORD 25 (2001/08) @AcORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Date: 12/4/03 0204 PM Sender's Fax ID AC'=C Business Ins Page 1 of 1 ----_. AC08l)~ CERTIFICATE OF LIABILITY INSURANCE OPIO SGI DATE IMM:OO/YYYYJ MATHE-l 12/04/03 - I TH~ CERTIFICATE IS ~SUED AS A MATTER OF INFOOMA TlCN PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ACEC/MARSH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 800 Market. St, Ste. 2600 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis MO 63101-2500 Phone: 800-338-1391 Fax: 888-621-3173 INSURERS AFFORDING COVERAGE NAIC# INSURED !'\j::;).;:;;FRA Hartford Insurance Company : 22357 I":,IJ_::;:::R r: I Mathews Consultin~, Inc. i~J:Uf.:~P ! ~-- --------- ..--- ---+-----. 1475 Centrepark B vd3 Ste 250 ~I'JC Ur-'~>:; ~) ! West Palm Beach FL 3 401 I I~/:LPEO == COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS "UD\. lTR NIRD i T VPE OF INSURANCE POLICY NUMBER POLlCYEFFECTIVE POLICY EXPfRAnON DATE MMJOOfYY DATE MMlDOIYY LIMiTS A GENERAL I.I-'SILITY ,---, i X i CCMV:::;;;;Ch GENEO'"'-L LlA81un r-------t--- 84SBVLB7335 11/01/03 , 1,000,000 11/01/04 !, 1,000,000 f- i $ 10, 000 I ;::EPSON.A.L &ADV INJUPV I $ 1,000 T 000 ~"RALAGGREGATE --I, 2,000,000 I PRODUCTS - CCMP/OP ASS t 2 T 000 T 000 1------- I :::L.)l.!MS~QE ~- ~_~ OCCUR A ~OMOIIILE LIABILITY ~ A!,'\'AUTC.I j , A,-~ UiiVNE[; AU-:-:]S n, SC,'if,DJLED.a.llTCS !xl HiPEJ A.:"'TOS ~ "JN2","'" AU']S ---i 84UEGLL7958 11/01/03 11/01/04 C:JMBINEO SINGU: IMI, (~a accident) I 1, 000, 000 80D!L Y I'IL,'UR" o:>er perscn) ECDI~Y 1!'iJ:JR" UJe'Olccident:1 I FRJPERr/ CA~AAGE ! tPer accident' , $ I AN"AUTC i AljTJ CNLy - EAACCIOENT +' r-- . I OT ~ER_T,'1AJ~ _ fA ACC i ~ A~TJwNLY AGG $ : GARAGE UABILITY EXC E5StVMBRELLA LIA8IUTY CC:::UR D CL..AJMS MACE EA:~~ OCCUPRHJCE A':JGREGAiE is DE::ue'i8LE PETEr~~:m~ " A WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY AN';' FROPRiETORlFAPTNEf;/EXECUTr,,'E CFFICEP1MfM8ER E)<CLUOF.:r;' 84WBGGJ0270 11/01/03 11/01/04 ! we STATu- __~ !TOR'YUM!.2. ~ E EACH ACC'OE,\j~ C~I-'- 'R If yes, descnbe under SPEClA.L PRi:;\'lS:J~JS belQ'oif _-----.-'..l00,00Q._ EA EMPLOYEE : . 100, 000 pnuc..., !M!T I. 500,000 OTHER DESCRIPTION OF OPERATlONS 1 LOCATIONS lVEHICLES: EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS RE: GENERAL CONSULTING AND ENGINEERING SERVICES. CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS WORK PERFORMED BY THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION CTYBOYN SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CAMCEllED BEfORE THE U..IRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR 'TO MAtL 30 DAYS WRIT'TEN - NonCE TO THE CERnFICATE HOLDER NAMED TO THE LEFT, BUT FAiWRE TO 00 50 SHALL CITY OF BOYNTON BEACH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS ACENTS OR 124 E. WOOLBRIGHT RD. REPRESENTATIVES, BOYNTON BEACH FL 33435 AUTHORtZED REPR~ Q-~'" ACORD 25 (2001108) @)ACORD CORPORATION 1988 The City of Boynton Beach ""'V n'" '" "\' I ' i ,.It ..:.., ~HOH 1<[ 1\ /"U r. I T '( ... ~ ...'.... ..... ....,,~..f. 1 1", . i j LVt"C' ('1'F1Ct" .........,. ..J ,"-'j I Utilities Department 124 E. Woolbright Road Boynton Beach. Florida 33435 Phone (561) 742-6451 FAX: (561)742-6298 ( 3 DEe 1 S M111: 0 i LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 15,2003 RE: 2 Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C . D N D oples ate o. escnphon 1 Original Agreement - Brown & Caldwell 1 Proof of Insurance REMARKS: CC: Procurement Services Karen Riseley SIGNED: flrJl CU( /;)/5'C8 ;f D3- ( 1(;2... AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Brown & Caldwell, 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on rJ "U. i ( , 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C and one of nine (9) qualified consulting firms for Scope D 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 consulting and 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. CA-I 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit' A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C and one of nine (9) consulting firms for Scope D 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON- 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. 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 of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: INTEGRA TED 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. CA-5 DATED this ~ day of Novem ber- ,2003. CITY OF BOYNTON BEACH ~~ Kurt Bressner, City Manager ~qd4~ Consultant Attest! Authenticated: ViCQ F?e,idertt / ~ ard Lak:1we.I I Title / (Corporate Seal) Attest! Authenticated: Secretary Rev. 04/08103 CA-6 EXHIBIT A SCOPE C: INFRASTRUCTURE IMPROVEMENTS · Water Main Replacement . Interconnections · Sanitary Sewer Line, Repair, Rehabilitation, Replacement . Inflow & Infiltration Studies/Repair · Wastewater Pump Station Rehabilitation/Expansion & Analysis . Pump Sizing/Expansion/Improvements . Stormwater Management . Swale and Drainage Development/Improvements . Outfalls . Roadway and Transportation · Neighborhood Improvements . Lighting . Sidewalks . Park Amenities . Other Related services SCOPE D: ANCILLARY STUDIES and SERVICES . Rate Analysis . Accounting Procedures . Revenue Bonds . Risk Management · Employee Training · Performance Measurement & Organizational Management . NPDES Permitting · Vulnerability Assessments · Master Plan Updates . Clean Air Act Compliance · Consumer Confidence Report · Consumer Satisfaction Survey · Wastewater Capacity Analysis . Hydraulic Analysis . Power Analysis · Geographic Information Systems · Aerial Photogrammetry & Photography · Process Controls & Instrumentation · Data Acquisition and Control Services (DACS) · Supervisory Control & Data Acquisition (SCADA) · Other Related Services EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Project Director (Principal) $175 Stuart Oppenheim Over 27 years experience. Responsibility Phil Feeney include ensuring resources are applied to provide client satisfaction. Client Service Manager $185 Ron Ash Over 30 years of experience in the Utility Industry. Responsible for maintaining client satisfaction. Senior Project Manager $150 Ted Hortenstine Over 20 years of experience. Provide technical John McLaughlin and discipline support as tasks are assigned. Jim Nissen Joseph Patemiti Project Engineer $.145- Dilip Shaw Over 20 years experience. Provide technical 1).3. (Y) Bob Hrabovsky and discipline support as tasks are assigned. ~~ le4-cr b'l~{:g Rodger Toebben Scientist ~. John Bratby Over 30 years experience in the areas of process i.') I. C,D desi~n. ~ leH~ 16J.'l.a, Senior Designer IOf W Steve Davies Over 32 years of experience in design and ~ ,~fl.cy- fc).,l,~.~ construction of infrastructure. Designer $89-"~'7''O Robert Forsythe Over 15 years of experience in laying out ~ (.e.tI~ bJ~"~ complex infrastructure systems Senior EngineerlHydrogeologist $107 June Smith Over 10 years of experience specializing in pumping system hydraulics and pump stations/forcernains. EngineerlHydrogeologist (Technical Specialist) $88 Emily Mott Over 4 years of experience in support of general Sean Kilpatrick engineering/infrastructure projects. Senior Professional Surveyor/Mapper $100 Perry C. White, PSM Over 24 years experience as a Professional Surveyor. Responsible for the oversight of all major boundary, topographic and design surveys. Responsibilities also include quality assurance reviews, manpower projections and job costing of all phases of survey operations. * Not Identified in the Proposal 1 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Professional Surveyor/Mapper $100 Wilbur Divine, PSM Over 27 years experience as a Professional Surveyor. Responsibilities include field crew personnel scheduling and coordination and daily review of field data collection. Engineering/Survey Technical $65 Bruce Johnson Over 18 years experience performing under the Lynn Slaughter direction of a registered engineer and/or surveyor to assist in the preparation of base maps and construction plan documents and details. Senior Field Representative (Professional) ~ Ed Basham Over 35 years of construction engineering , {.J;;l.. co experience in Civil, Structural, Mechanical, ~ leJler to,X ~ Inspection and Construction Management. Survey Crew $95 (2 man) Anthony McLemore P.S.M. (Party Over 32 years experience in collection of field $115 (3 man) Chief) data for boundary, topographic and design survey Richard Darville (Instrument Person) projects to support engineering designs Larry Martinez (Rod Person) GIS Specialist $l68-.{() Rene Rodriguez Over 20 years experience as GIS/IT professional 13(. ~ le#~ IO..t~,(K Graphics Specialist Senior Inspector $90 Frank Torre Over 23 years of experience conducting sanitary sewer evaluation surveys GPS Equipment ~ Roger Filer (Party Chief) Over 22 years experience in data collection and ~l&t(; Bill Carpenter (Instrument Person) survey field activities. We utilize GPS for :5~ I dl 1,,- boundary and topographic surveys, horizontal ;0,)<6"3 surveys and maior canal cross-section projects. Senior Administrative Support* ~ Gina F. Rodriguez Over 15 years experience as a project coordinator ~o'~ in support of engineerinwconstruction projects. ~ lelley fO;)'I,.1fi Administrative Support $53 Melissa Wich Over 10 years of experience in document Annie Vega preparation. Mary Price * Not Identified in the Proposal 2 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Paraprofessional Aerial Photogrammetry Computer System Analysis $'m~ Scott Bash Over 18 years of experience in developing i3~ information technology solutions. ~(e:HQ/' IO..)1Ji G5 Rate Study $140 Grant Hoag Over 15 years of experience in financial consulting to utilities and governments. Financial Services ~ Richard Stahr Over 22 years of business consulting j"15" 0:' Roy Herwig involving strategic planning for ~/e-tk. IO.:J~'l.;3 Len Enriquez municipalities. Instrumentation and Control Services $142 Steve Stern Over 30 years of experience in electrical/power/automation design for utilities. Human Resources Services $J.SO., Jim Couc1aine Over 24 years of experience with expertise as J3 1'm an instructor in management, operation, and ~ JeJicv 10,J<i' ,0:) maintenance of utilities, Data Acquisition and Control Services $115 Ron Stewart Over 35 years of experience in SCADA systems particularly for the water and wastewater industry. Direct Cost - Mark-up % Office, 10% reproduction, mailing etc. Direct Cost - Mark-up % sub-consuhants 10% * Not Identified in the Proposal 3 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURL Y RATE IS ASSIGNED Classification Hourly Rate Employees Identified Geotechnical Project Manager $130 Raj Krishnasamy Over 16 years of geotechnical experience with involvement in diversified complex projects. III Project Manager $150 Rudy Fernandez Over 31 years of experience in the management of infiltration/inflow reduction programs. III Project Engineer $95 Ron Lynn Over 20 years of experience in conducting infiltration/inflow reduction programs. * Not Identified in the Proposal 4 10-28-03; 1 : 18PM;BROWN AND CALDWELL i3 R 0 '.\ '. \ N 1) l \, " \ I I ;5616849902 # 2/ 2 1800 South Au.sualian Avenue Suite 202 West Palm Beach, Florida 33409 Tel: (561) 684-3456 F~(561)684-9902 www.brownandClldwell.com EXHIBIT B October 28, 2003 Barbara Conboy, Manager Utilities Administration City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 RE: Revised Rates Dear Barbara: Thank you for giving Brown and Caldwell the opportunity to revise our mtes for the classifications in question. Please note that the revised rates as presented have been rounded off to the nearest dollar. CLASSIFICATION REVISED RATES Project Engineer Scientist Senior Designer Designer Senior Field Representative (professional) GIS Specialist GPS Equipment/Crew Senior Administrative Support Computer System Analysis Financial Services Human Resource Services $123.00 $121.00 $109.00 $ 87.00 $122.00 $136.00 $ 86.00 $ 80.00 $135.00 $175.00 $135.00 Should you have any questions please do not hesitate to contact me at anytime. Sincerely, Brown and Caldwell R~vf1i?~ Ronald M. Ash, P.E. Vice President Enll ronm~ntal Eng n~~rs 6- Consultants B R () \\ '\ -\ N D C .\ L f) \\ ILL 1800 South Austtalian Avenue Suite 202 West Palm Beach, Florida 33409 Tel: (561) 684-3456 Fax: (561) 684-9902 www.btOwnandcaldwell.com REceiVED DEe 192003 1O__U1IL\1IES December 8, 2003 Barbara Conboy Manager, Utilities Administration The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 RE: Reply to Certified Letter # 7003 1010 0000 6300 9675 Dear Barbara: Attached herewith please find the original "signed" Consultant Agreement you recently sent me to include our Certificate of Professional Liability Insurance. Should you have any questions, please call me at any time. Best wishes for the holiday season. Sincerely, BROWN & CALDWELL ~d1.;(~ Ronald M. Ash, P .E. Vice President Attachment Environmental Eng & Consultants neers PRODUCER ACORDTM CERTIFICATE OF LIABILITY INSURANCE 03/26/2004 D~;;~~~~;l THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CE:RTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, I:XTEND OR TE TH V FF D H IC Lockton Companies 444 W, 47th Street, Suite 900 Kansas City Mo 64112-1906 (816) 960-9000 INSURERS AFFORDING COVERAGE BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES AND AFFILIATES 201 NORTH CIVIC DRIVE WALNUT CREEK CA 94596 INSURED 1052264 GREENWICH INSURANCE COMPANY X L SPECIALTY INSURANCE COMPANY COVERAGES BROCAO 1 PA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDiCATED, NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR. ~~'4~rJ~rJ~E P~'4~iJ~lti~pN LTR I TYPE OF INSURANCE POLICY NUMBER LIMITS ; GENERAL LIABILITY EACH OCCURRENCE $ -L.OOO 000 '__'____'1 :\ X j COMMERCIAL GENERAL LIABILITY GECOOO166203 03/26/2003 03/2612004 FIRE DAMAGE (Anv one rwe) $ 1,000 000 CLAIMS MADE [)(J OCCUR MED EXP (An~ne Dersonl $ 5000 : . - ----..---. --~---_..-, .l'ERSONAL & ADV INJURY $ 1.000000 I GENERAL AGGREGATE $ 2 000 000 -- ._~ i GEN'L AGGREC;9 LIMIT APf'l PER: I PRODUCTS - COMPIOP AGG $ 2.000000 i POLICY ~r-gT LOC I AUTOMOBILE LIABILITY . I COMBINED SINGLE LIMIT $ ANY AUTO NOT APPLICABLE (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) -- HIRED AUTOS BODILY INJURY $ NON.OWNED AUTOS (Per accident) ___u__ .- ~.--. ----- ,...... --~-_.._._- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACe IDENT $ ; ANY AUTO NOT APPLICABLE I OTHER THAN EA Ace $ I AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ... l~ CLAIMS MADE OCCUR NOT APPLICABLE AGGREGATE $ I $ D UMBRELLA I -- i DEDUCTIBLE FORM , $ --....-- I RETENTION $ $ 13 i WORKERS COMPENSATION AND WECOOl4189 06/0112003 03/26/2004 x..lf";:R~W"YT~ I I~~H. , EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000000 I EL. DISEASE - EA EMPLOYEE $ 1.000 000 EL. DISEASE. POLICY LIMIT $ I 000 000 ^ : OTHER PECOOOOOO501 05/31/2003 05/31/2004 S 1,000,000 PER CLAIM! S 1.000,000 . PROH':S.SIONAL LIABILITY AGGREGATE DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLESJEXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS RF: CONSIJf.TANT AGREEMENT FOR TWO-YEAR GENERAL CONSULTING AND ENGINEERING, CITY OF BOYNTON BEACH IS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICA TE HOLDER I I ADDITIONAL INSURED' INSURER LETTER: CANcel I A TlnN 1922569 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION BOY -07 DATE THEREOF, THE ISSUING INSURER WILL ..NOIi/WOR TO MAIL..2.Q._ DAYS WRITTEN CITY OF BOYNTON BEACH UTILITIES DEPARTMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,SUT F^ILUIU: TO gO liO SHALL ATTN: BARBARA CONBOY, MANAGER IMPOSE NO OBUGATlONOR LI^SILlTYOF ANYKINllUPONTHE INSUREF:, ITS AGENTS OR 124 E. WOOLBRIGHT ROAD REPRESENTA'RVIiS. BOYNTON BEACH FL 33435 AUTHORIZED REPRESENTATIVE /Z d ....L... I / ----- ACORD 25-S (7/97) For questions regarding this c.n~fjC:ilt.. tonlac. the number listed in the 'Producer' section above and spe<:lfy the cl~nt code 'BROCA01'. @ACORDCORPORATION 1988 The City of Boynton Beach ~ "Ir( n'" ~bJ'V\ITnN ero\rll ," v r ..' I .~ ,) CH...d !~! :~'( fL ~r.: \' S OFF I CE Utilities Department 124 E. Woolbright Road Boynton Beach. Florida 33435 Phone (561) 742-645/ FAX: (561)742-6298 C:J DEe II PM 3: 5 '+ LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 11, 2003 RE: 2 Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C . D t N D t oples ae o. escnpllOn 1 Original Agreement - Crossroads Engineering & Surveying, Inc. 1 Proof of Insurance REMARKS: Please file accordingly. CC: Procurement Services Karen Riseley SIGNED: f:r.J)f.- ~ PI; 01 ~Q!~!Q~ LETTER OF TRANSMITTAL 1402 Royal Palm Beach Boulevard, Bldg. 500 Royal Palm Beach, FL 33411 Phone: 561-753-9723 Fax: 561-753-9724 www.crossroads-eng.com Date: Job: December 8, 2003 03137 RECEIVED DEe - 9 2003 BOYHrOI_UTILlrIES Re: Contract To:City of Boynton Beach - Utilities Department 124 E. Woolbright Rd. Boynton Beach, FL 33435 WE ARE SENDING YOU VIA: DFAX Attention: Mr. Barbara Conboy DHardcopy transmitted as follows: DTo Be Picked Up DOriginals DSepias Du.s. Mail DBlue Line Prints DPhotocopies DOvernight Delivery DReports DShop Drawings DHand Delivery DCopy of Letter DDiskettes Number of Copies Each Latest Date Description Sheets 7 1 3/1/01 Administrative Policy Manual 1 1 10/1/01 Insurance Advisorv Form 6 1 11/18/03 Agreement General Consulting & Engineer 1 1 Infrastruture Improvements 5 1 Exhibit B - Classifications 4 1 12/5/03 Insurance Certifications These are transmitted as checked below: ~As Requested DAs we discussed DFor your information DFor your use DFor Approval DFor Review and comment DFor Corrections DReturned after Loan I CC: REMARKS Sincerely, Project Number:03137 D General D Geotech D Other: D Permits D RIW-Survey D Utilities ~ Contracts D Environmental D Proposals By {J~ Dana I. Gillette, PE, PSM Principal E:\PROJECTSI03137 _Boynton BeachlContractlLOT Contract 12-8-03.doc f<. [) 3~! f:;z AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Crossroads Engineering. 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on f'/ O(}. i 8'" ,2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C 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 consulting and 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. CA-I 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-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. 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, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: Crossroads Engineering & Surveying, Inc. 1402 Royal Palm Beach Blvd., BId. 500 Royal Palm Beach, FL 33411 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. CA-5 DATED this ~ day of 1-40 "em be.{ CITY OF BOYNTON BEACH ~C' Kurt Bressner, Ity Manager Attest! Authenticated: 'tn. Rev. 04/08/03 ,20~. O~tant ? f'e~. \ ~U\.\- Title (Corporate Seal) Attest! Authenticated: *~ tLciJ~ S tary CA-6 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification PROJECT DIRECTOR (PRINCIPAL) Qualifications Required: An owner of the firm with an engineering degree, a professional engineering license and at least 15 years of experience responsible for the overall functioning of the Engineering Division. Technical Qualifications: A fully competent engineer capable of devising ne~ approaches to problems encountered, applying intensive and diverse knowledge 0 engineering principles in broad areas and related fields, and demonstrating creativity, foresight, and mature engineering judgment in anticipating and solving engineering problems. Knowledge of AutoCADD or MicroStation, Geopac, Excel, Word, and general computer skills are also required. Supervisory Responsibilities: Supervise the technical and administrative staffs. Reports To: Board of Directors. General Duties: Maintain contacts with key engineers and officials in other organizations, demonstrating skill in persuasion and negotiation of critical issues. Coordination with clients, permit agencies, subconsultants. Ensuring the quality and schedule of the work product. Participation in marketing and sales presentations. Supervision of technical staff. Preparation of proposals, contracts and invoicing. NSPEJASCE Equivalent: Engineer Level VIII Hourly Rate Employees Identified $130.00 Gillette, Dana CLIENT SERVICE MANAGER SENIOR PROJECT MANAGER Qualifications Required: This is professional position for a graduate engineer who has obtained or is eligible to obtain a Professional Engineering license and at least 10 years 0 experience. Technical Qualifications: Independently evaluate, select and apply engineering techniques and procedures, using their judgment to make adaptations and modifications. The professional engineer must be able to devise new approaches to problems encountered and to independently perform most assignments. Knowledge of AutoCADD 0 MicroStation, Geopac, Excel, Word, and general computer skills are also required. Supervisory Responsibilities: Oversee the work of engineers, designers and administrative staff. Reports To: A principal of the firm who will provide quality control reviews and instructions as to general results expected. General Duties: Responsible for design and preparation of portions of construction plans for a variety of civil engineering projects, field reviews during construction to ensure compliance with plans and specifications, coordination with clients, permit agencies, subconsultants, and participation in marketing and sales presentations. Oversee technical staff, assist in preparation of proposals, contracts and invoicing. NSPE/ASCE Equivalent: Engineer Level VI PROJECT ENGINEER Qualifications Required: This is professional position for a graduate engineer who has obtained or is eligible to obtain a Professional Engineering license and at least 5 years 0 experience. Technical Qualifications: The professional engineer will independently or with mino assistance from a supervisor evaluate, select and apply standard engineering techniques and procedures, using their judgment to make adaptations and modifications. The professional engineer must be able to devise new approaches to problems encountered and to independently perform most assignments. Knowledge of AutoCADD or MicroStation, Geopac, Excel, Word, and general computer skills are also required. Supervisory Responsibilities: May be assisted by other memebers of the technical and administrative staffs. Reports To: A senior engineer or a principal of the firm who will review the work and provide quality control reviews and instructions as to general results expected. General Duties: Responsible for the overall design and preparation of construction plans for a variety of civil engineering projects, field reviews during construction to ensure compliance with plans and specifications, coordination with clients, permit agencies, subconsultants, and participation in marketing and sales presentations. Oversee technical staff, assist in preparation of proposals, contracts and invoicing. NSPEJASCE Equivalent: Engineer Level V $100.00 Khan, Nisar Note: Mr. Khan holds a PhD in Engineering from Perdue $90.00 Hamblet, Sean EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourlv Rate EmDloyees Identified SCIENTIST SENIOR DESIGNER $60.00 Dussie, Dane Qualifications Required: This is a position for a graduate engineer with 3 or more years of experience who has obtained an Engineer Intem certification or who is eligible to obtain an Engineer Intem certification. Technical Qualifications: This individual will develop their knowledge and abilities in this position by applying standard techniques, procedures and criteria exercising judgment on details of work and in making preliminary selections of engineering techniques and adaptations to those techniques to suit the particular assignment. This individual is expected to understand and be able to apply standard practices and techniques, adjust and correlate data and results, recognize discrepancies in results, and follow operations throughout a series of related detailed steps. Knowledge of AutoCADD or MicroStation, Geopac, Excel, Word, and general computer skills are also required. Supervisory Responsibilities: The project engineer may be assisted by a technician. Reports To: A professional engineer who will screen their assignments for unusual 0 difficult problems and select the techniques and procedures to be applied on non-routine work. General Duties: Design and prepare construction plans for a variety of civil engineering projects, field review prior to design, on-site construction observation, coordination with permit agencies and subconsultants. NSPEJASCE Equivalent: Engineer Level III DESIGNER SENIOR ENGINEER/HYDROGEOLOGIST ENGINEER/HYDROGEOLOGIST (TECHNICAL SPECIALIST) SENIOR PROFESSIONAL SURVEYOR/MAPPER $130.00 Noth, James Qualifications Required: An owner of the firm with a land surveying degree, registered professional land surveyor and at least fifteen years of experience responsible for the overall functioning of the Surveying Division. Technical Qualifications: A fully competent surveyor demonstrating creativity, foresight, and mature professional judgement. Capable of anticipating difficulties, devising solutions to improve the production and quality of surveying services, and knowlegable of the Florida laws and practices. Knowlege of AutoCADD or MicroStation, Geopac, CaCIE, Word, Excel and general computer knowledge is required. Supervisory Responsibilities: Responsible for the overall functioning of the Surveying & Mapping Division. This position will oversee highering and firing and all surveys produced. Reports To: Board of Directors General Duties: Primary responsibilities include review of work in process and final maps prior to release to clients, ensuring the quality and schedule of the work product, coordinating with clients and other design team members, the preparation of survey proposals. Also responsible for contract negotiations, survey invoices and EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification PROFESSIONAL SURVEYOR/MAPPER Qualifications Required: Registered professional land surveyor and at least ten years of experience. Technical Qualifications: Technical requirements include proficiency with the FDOT EFB/CEFB software, MicroStation, CAiCElGEOPAK, word processing and spreadsheet programs. Supervisory Responsibilities: Directly supervise the technician and crews and responsible for the hiring of field and office personnel. Reports To: A principal of the firm who will provide quality control reviews and instructions as to general results expected. General Duties: Production of field and office surveying and mapping functions. Prepare surveys and right of way maps, prepare field set-up, reduce field data. Purchase survey field equipment/supplies. Client liaison with current survey clients. Review weekly time sheets of the survey crew and survey office personnel. Assist in the development of proposals and contract negotiations. Hourly Rate Employees Identified $90.00 Laird. Terry ENGINEERINGISURVEYING TECHNICIAN Qualifications Required: This position requires a minimum of ten years of CADD drafting and design experience with civil engineering land development and/or roadway plans preparation. Technical Qualifications: Technical requirements include proficiency with AutoCADD or MicroStation. Additional experience with FDOT Bar Menus and CADD standards, CaiCE, Geopak, Descartes, Autotum, Guidesign, Word and Excel is preferred. Supervisory Responsibilities: none. Reports To: The engineer or surveyor for the specific project. This position requires working well with a variety of staff members within the firm. General Duties: Assist the engineers and surveyors with the design and preparations 0 plans and surveys. Prepare plans using CADD, perform minor design efforts under the direction of the project engineer or project surveyor. SENIOR FIELD REPRESENTATIVE (PROFESSIONAL) Qualifications Required: This is professional position for a graduate engineer with a Professional Engineering license and at least 5 years of experience. Technical Qualifications: The professional engineer will independently or with mino assistance from a supervisor evaluate, select and apply standard engineering techniques and procedures, using their judgment to make adaptations and modifications. The professional engineer must be able to devise new approaches to problems encountered and to independently perform most assignments. Knowledge of AutoCADD 0 MicroStation, Geopac, Excel, Word, and general computer skills are also required. Supervisory Responsibilities: May be assisted by other memebers of the technical and administrative staffs. Reports To: A senior project engineer or a principal of the firm who will review the work and provide quality control reviews and instructions as to general results expected. General Duties: Responsible for the field reviews during construction to ensure compliance with plans and specifications, coordination with clients, permit agencies, subconsultants, and contractors. Participation in marketing and sales presentations, assist in preparation of proposals, contracts and invoicing. NSPEJASCE Equivalent: Engineer Level V SURVEY CREW 2 Person 3 Person 4 Person GIS SPECIALIST GRAPHICS SPECIALIST Banko, Katherine Kramer, James $60.00 Gable, Patricia $100.00 Raysin. Harry $85.00 $105.00 $130.00 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified SENIOR INSPECTOR $60.00 Dussie, Dane Qualifications Required: This is a position for a graduate engineer with 3 or more years of experience who has obtained an Engineer Intern certification or who is eligible to obtain an Engineer Intern certification. Technical Qualifications: This individual will develop their knowledge and abilities in this position by applying standard techniques, procedures and criteria exercising judgment on details of work and in making preliminary selections of engineering techniques and adaptations to those techniques to suit the particular assignment. This individual is expected to understand and be able to apply standard practices and techniques, adjust and correlate data and results, recognize discrepancies in results, and follow operations throughout a series of related detailed steps. Knowledge of AutoCADD or MicroStation, Geopac, Excel, Word. and general computer skills are also required. Supervisory Responsibilities: The project engineer may be assisted by the administrative staff. Reports To: A professional engineer who will screen their assignments for unusual 0 difficult problems and select the techniques and procedures to be applied on non-routine work. General Duties: Responsible for the field reviews during construction to ensure compliance with plans and specifications, coordination with clients, permit agencies, subconsultants, and contractors. NSPEJASCE Equivalent: Engineer Level III GPS EQUIPMENT $20.00 SENIOR ADMINISTRATIVE SUPPORT $60.00 Halliday, Susan Qualifications Required: This is a position for a college graduate with 10 or more years 0 experience in the engineering consulting business. Technical Qualifications: This individual will have a good personality, work well with the public, and have good organizational and secretarial skills (telephone, typing, filing). Knowledge of Excel, Word, and general computer skills are also required. Supervisory Responsibilities: None Reports To: A principal of the firm and any engineers or surveyors who require assistance. General Duties: Responsible for all aspects of helping the office to run smoothly. A wide variety of duties include sorting incoming mail and handling incoming and outgoing correspondence for all personnel; monitoring and ordering supplies; assisting the bookkeeper by preparing accounts payable, preparing the checks and printing, and handling accounts receivables by typing and recording invoices, preparing and recording deposits, and assisting with collections; answering phones, filing, preparing files; assisting Personnel Director with new employee packages, insurance, monitoring vacation time; keeping office in good condition (make coffee, keep common areas neat, change light bulbs, manage janitor service, etc.), conducting and documenting the computer backups and restorations, assist with prepartion of proposals, letters of interest, and RFQs. ADMINISTRATIVE SUPPORT PARAPROFESSIONAL AE~ALPHOTOGRAMMETRY Subconsult to Bosworth Aerial Survevs EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourlv Rate Employees Identified COMPUTER SYSTEM ANALYSIS $75.00 Gillette, Christopher Qualifications Required: This is a position for a college graduate with 20 or more years 0 experience in the computer consulting business. Technical Qualifications: This individual will have a good understanding of processes, project management, quality control, and the engineering consulting business. Extensive knowledge of various computer languages and technicques is also required. Supervisory Responsibilities: None Reports To: A principal of the firm and any engineers or surveyors who require assistance. General Duties: For software applications: conducting systems analysis interviews to define the scope and requirements. developing a plan for development, coding, testing, debugging, preparing documentation, implementing, revising. Responsible also for all aspects of the office computer system: networking, maintaining email and website accounts, troublshooting difficulties, performing backups and restores. RATE STUDY FINANCIAL SERVICES INSTRUMENTATION AND CONTROL SERVICES HUMAN RESOURCE SERVICES $100.00 Heath, Kimberly Qualifications Required: This is a position for a college graduate with 10 or more years 0 experience in the engineering consulting business. Technical Qualifications: This individual will have a good understanding of Florida employment laws, insurance requirements and practices, payroll taxes, and competative compensation rates for the engineering and surveying field. Knowledge of Excel, Word, and general computer skills are also required. Supervisory Responsibilities: Administrative staff Reports To: The board of directors. General Duties: Responsible for all aspects of human resources: help wanted advertisements, review of resumes, interviews, salary negotiations, relocation, employee manual and policies, insurance (health, dental, life, disability), benefits plans, retirement plans, bonus plans, salary reviews, performance reviews, termination interviews, workers compensation, workplace safety, unemployment compensation, payroll taxes. DATA ACQUISITION AND CONTROL SERVICES DIRECT COSTS - MARK UP % 110% Office, Reproduction, Mailing, Etc. DIRECT COSTS - MARK UP % 110% Subconsultants DEC-05-2003 16:21 COLLINSWORTH RLTER P.02 (":" --. '-,.. ",...n. ... ."''''.... ~. ...."'UI&.1 I . .. ~ '" '" . ""'. ~ V .... I ll/V'>/lUUJ PRODUCER (305)822-7800 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Collinsworth, Alter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 9315 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miamn Lakes, FL 33014-9315 Raquel Will iams INSURERS AFFORDING COVERAGE NAIC " ...tiUREDCrossroads Englneer,ng 8r Survey,ng, Inc. INSURER": Assurance COlq)any of America 1402 Royal Palm Beach Blvd. INSU~ II; Hartford Ins Co of the SE Building 500 IfIlSIJI\ER c: Ohi 0 CaslJ31 ty Insurance Company Royal Palm Beach, FL 33411 INSURER 0: Lloyds of london INSURER E; THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AaoVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICAtE MAY BE ISSUED OR MAY PERTAIN, THI; INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE. TERMS, EXClUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. _ TYPE OF I~URNlCE POUCY NUIMlER POLICY EFFEC11VE "R~ EXPIRATION GEHeRAJ.. LIABILITY PPS36742279 08/21/2003 08/Zl/2004 EACH OCCURRefolCE f..-:- X CO~ERCIA.l. GENERAL LIASILI1Y DAMAGE TO REHTI:D I CLAIMS MADE m OCCUR LIMITS $ S 1.000,00< 1. 000 . ooc: 10 . oOO! 1.000.0001 ~,OOO.OO(J 2.000.ooel 8 GE/Il'L AGGREGATE LIMIT l,PPues PER: I POLICY n ~~T n LOC AUTouoelLE UAI!IIL1TY - X ANV AUTO ..;.;.. ALL OWNED AUTOS - SCHEDULED AUTOS - X HIRED AUTOS ...;.;., .!. NONoOWNEO "UTOS MED ~ (My 0I'Ie person) S PeRSONAL" ADV INJURY $ GENEAALAGGREGATe $ PRODUCTS - COMPfOp AGG $ A 21UECIN9606 02/09/2003 02/09/2004 COMBINeD SI"IGLE LIMIT (Ea at::tJdenl) s 1. 000. OOel ElOOIL Y INJURY (Per peracn) s 90011. Y INJURY (Per acctlleml s - PROPERTY DAMAGE (Per sc;dd....O GAAAG~ UABIUTY =1 ANY AUTO ~ESSIUM8RELLA UAIllLITY .!J OCCUR 0 CLAIMS MADE I DeOUCTI8LE X1 RETENTION $ ( WORKERS COMPEitol5ATlOM AND EU"1.0YEIW UAIlIUTY ANY PROPRlETOFl/PARTNERJE)(ECUTlVE OFFlCERiMaASER EXCLUDED? If 1~ d~1le under SPEl;1AL PROVISIONS below P~~~ssional Liab;lity o Claims-Made Form Retro:7-21-9S :e~'7iO~~:~:~/ 'fr~:~M~cn~Efg~U:\~I~~~~:d E~r:fR~t~E!~~~:.~~r:~~ i ty and Auto is provide by ISO CA0001 under the definition "Who is an isured." 8XO(04)51116885 08/19/200) 08/21/2004 Altl'O ONLY - EA ACCIDENT S EA ACe s $ S AGG OTHER THAN AUTO ONLY: AGGREGATE S $ 5 3 .000 . OO(J 3.000,00Cl EACH OCCURRENCE C $ I we STATIJ.. I IO~- E.L. EACH ACCIOEHT $ E,L. DISEAse. EA ELlPLOYEE I PZ9003 07/21/2003 07/21/2004 E.L. DISEASE - POLICY LIMIT S $1,000,000 General Aggregate $1,000,000 Each Claim $25.000 Deductible Liability polic;es, U^''''~D '_ATlnN Boynton 8each. City of Utilities Department 124 East Woolbright Boynton Beach. FL )3435 SHOULD ANY OF THE ABOVE DESCRIBED POLICIes BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ..1L DAYS WRITT1!N NOTICE TO THe C~FlCAT!l HaUleR NAMr;D TO THE! LEl'T. BUT FA/LURE TO !/lA/I. 5UCH 1iI0TlCE til1ALL IMPOSE ~O OBLIGATION OR LIA8IUTT OF /W't J<IND UPON THE IMSUfU!R, ITS AGI!Nr8 OR REPRESENTATIVES. AUTHORIZmREPRESENTATIVE "lL ./ 7~ Meade Col1insworth/FVM ,F/~"'-~~~_/ ~ACORD CORPORATION 1988 ACORD 25 (2001/08) DEC-05-2003 16:21 COLLINSWORTH ALTER P.03 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certltlcate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the tenns and conditions of the policy, certain policies may require an endorsement. A statement on thIs certificate does not confer rfghts to the certificate holder in lieu of such endorsement(s}. DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 2S (2001/08) TOTAL P.03 12/05/2003 14:23 15513582112 EXCEL HR PAGE 01 CERTIFICATE OF LIABILITY INSURANCE , DATE (MMIODIVYl 12/512003 'ROOUCER (407)788-3000 FAX (407)788-7933 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO Insurance Office of America, Inc. RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFIC"TE DOES NOT AMMENO, EXTEND 150 N. Westmonte Drive OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 162207 Altamonte Springs, FL 32716-2207 INSURERS AFFORDING COVERAGE INSURED EXCEL Administrative Solutions, Inc. INSURER A: Everest Netionallnsurence Co. 2120 N. Dixie Hwy. INSURER B: Boca Raton, FI. 33431 INSURER C: INSURER D: INSURER E: u__-~-'.'-- .._..- -. -_.-- THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POlley NUMBER I POLICY EFFECTIVE TPOL'CY EXPIR~~N LIMITS lTR DATE IMMIDDNYI DATE IMMlDD GENERAL liABILITY 1 I I ~CH OCCURRENCE -< - - COMM GENERAL LIABILITY IRE DAMAGE (Any one flrel $ - CLAIMS MADE DOCCUR MeD EXP (Anyone person) - PERSONAL & ADV INJURY L- GENERAL AGGREGATE GEN'L AGO llMn~llES PERn, PRODUCTS-COMPIOP AGG npOl PROJ LOC AUTOMOBILE LIABILITY T I I '-'OMBINED SINGLE LIMIT (Ea $ ANY AUTO ecddent) - ALL OWNED AUTOS BODilY INJURY (Per person) $ - - SCHEDULED AUTOS - HIRED AUTOS BOOIL Y INJURY (Per accident $ I- NON-OWNED AUTOS I- PROPERTY DAMAtiE ~ $ OCCident) GARAGE LIABILITY T I I UTO ONLY - EA ACCIDENT ANY AUTO EA Ace $ - OTHER THAN AUTO ONLY: AGG $ i'XCESS LIABILITY I I I EACH OCCURRENCE :=}OCCUR UCLAIMS MADE - AGGREGATE R~EDUCTlBLE RETENTION ($ WORKERS COMPENSATION AND 2700009882-031 _~. 04/01/2003 [ 04/0112004 we Statu- tory ",MPLOYERS' LIABiliTY Umlls OTH-ER -. -- ----------- A .L. E~CH ACCIDENT $100000 .L. DISEASE-EA EMPLOYEE $ I 000.00 ~l. DISEASE-POLICY LIMIT $100000 pTHER - I -1-~-- DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESIEXLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Coverage is provided for only those employees leased to (but not subcontractors of): Crossroads Engineering & Surveying 1402 Royal Palm Beach Blvd, Bldg 500 Royal Palm Beach Fl 33411 Fax: 561-753-9724 lCERTIFICA TE HOLDER I IADDITIONAlINSURED; INSURER LETTER IICANCELLA lION I SHOULD AtoN Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION The City of Boynton Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE COMPANY ITS AGENTS Utilities Dept OR REPRESENTATIVES. . 124 East Woolbright Road Autl10rized RapresenlBUve ~A-~ Boynton Beach, FL 33435 Glen Esbjorn COVERAGES 12/05/2003 14:23 15613682112 EXCEL HR PAGE 02 IMPORTANT f the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certifcale holder in lieu of ;uch endorsement(s). r SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certiliate does not confer ights to the certificate holder in lieu of such endorsements(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon. The City of Boynton Beach ~ CITY OF EOY~frCN BE;~~;H C!TY C:..:f~;'\'S Or:-F'iGE Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6451 FAX: (561)742-6298 03 DEe II Prl 3: S4 LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 11, 2003 RE: 2 Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: c D N D oples ate o. escnptton 1 Original Agreement - Kimley-Horn & Assoc. 1 Proof of Insurance REMARKS: Please file accordingly. cc: Procurement Services Karen Riseley SIGNED: f1Jl G~ /2/103 ',I ~__n Kimley-Horn ~ U and Associates, Inc. RECEIVED DEe - 9 2003 BOYNTONBMCHUTILmES 4431 Embarcadero Drive West Palm Beach, FL 33407 TEL 561 845 0665 FAX 561 863 8175 Transmittal Date: December 8.2003 Job No.: To: Ms. Barbara Conboy The City of Bovnton Beach. Utilities Deot. 124 E. Woolbriaht Road Bovnton Beach. FL 33435 Re: Consultant Aareement We are sending you o Attached o Shop drawings o Other: o Via Fed Ex Priority o Prints/plans 0 Samples the following items: OSpecifications 0 Change Order Copies Date No. Description 1 Original executed Consultant Agreement 1 Copy of Professional Liability Insurance Certificate 1 Copy of General Liability Insurance Certificate These are transmitted as checked below: . For your use 0 Approved as submitted o As requested 0 Approved as noted o For review and commentO Returned for corrections o Resubmit _ copies for approval o Submit _copies for distribution o Return _ corrected prints Remarks: Ms. Conboy. Please note that yOU will be receivina oriainal Certificates of Insurance in the mail. Copy to: File Si9~ -.- - Michael D. Spruce. P.E. H:\GeneraJ\Spruce\Marketing\Boynton Beach\Consultant Agreement Trans.doc 11 (.3~ /,(2 AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Kimley-Horn & 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope( s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on tJ()(j, I g' , 2003, accepted the City Administration's recommendation and designated Consultant as one of six (6) qualified consulting firms for Scope A, one of five (5) qualified consulting firms for Scope B, and one of 15 qualified consulting firms for Scope C 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 consulting and 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. CA-I 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of six (6) consulting firms for Scope A, one of five (5) consulting firms for Scope B, and one of 15 consulting firms for Scope C 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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. CA-2 c. 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. 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-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. 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 ofa 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 sixty (60) written days notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: J(IM L~----=---Ho~ ~ AS~DClA-n..s I It0c. AA~' E.MeAr1ttA"J>~ DelVe. WeE;, YALM Be.ACJf, FL 3 ~v61 AnN: Ml {,~U- Sp~~ e.. y.'; . 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. CA-5 DATED this ~ day of N.E)veM be.( CITY OF BOYNTON BEACH KB~~ urt ressner, lty anager Attest! Authenticated: Rev. 04/08/03 CA-6 ,20 03. o~~...-x;::- Consultant ~ l~ ((~\XN-t Title (Corporate S~al) Attest! Authenticated: ~2 ,e:~'H- . ~ EXHIBIT A SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT . Low Pressure Membrane Softening . Low Pressure Reverse Osmosis . Nanofiltration . Anionic Exchange . Lime Softening . Other Related Services SCOPE B: WELLFIELD DEVELOPMENT and HYDROGEOLOGY SERVICES . Well Redevelopment and Modification . Bringing Existing Wells to Production . New Surficial Wells . Locating and Installing New Floridan Aquifer Wells . Wellfield Improvements . Aquifer Storage & Recovery (ASR) Well Development . Deep Injection Well Maintenance and Repair . Multi-purpose ASR/Floridan Wells . Well field Protection . Wellfield Flow Analysis . Other Related Services SCOPE C: INFRASTRUCTURE IMPROVEMENTS . Water Main Replacement . Interconnections . Sanitary Sewer Line, Repair, Rehabilitation, Replacement . Inflow & Infiltration StudieslRepair . Wastewater Pump Station Rehabilitation/Expansion & Analysis . Pump Sizing/Expansionllmprovements . Stormwater Management . Swale and Drainage Development/Improvements . Outfalls . Roadway and Transportation . Neighborhood Improvements . Lighting . Sidewalks . Park Amenities . Other Related services EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED Kimley-Horn and Associates, Inc. Classification Hourly Rate Employees Identified Project Director (Principal) $180.00 Charles Geer, P.E. Fred Schwartz, P .E. Includes QAlQC Officer & Principals participating Paul Cherry, P.E. John Potts, P.E. on the Technical Review Committee, supervising Joe Edgar, PSM specific assignments under Scopes A, B, and C, or participating in Community Involvement activities. Client Service Manager $150.00 Michael Spruce, P.E. Single point of contact for client. Coordinator of all professional services. Responsible for schedule and bud.e;et compliance. Senior Project Manager - Professional 7 $150.00 David Bardt, P.E. Jim Sumislaski. P.E. Includes senior engineers (non-Principals) serving on David Stewart, P.E. the Technical Review Committee or providing Russell Barnes, P.E. leadership in a specific discipline. Mark Miller, P.E. Senior Project Engineer - Professional 6 $135.00 Gary Ratay, P.E. Jeff Mullis, P.E. Steve Orr, P.E. Includes senior engineering staff (more than 10 yrs Angelina Fairchild, P.E. experience) participating on assignments under Mark Fairchild, P.E. Scopes A, B, and C. Project Engineer - Professional 4 and 5 $110.00 Christopher Barlow, P.E. Kevin Schanen, P.E. Lorin Brissett, P.E. Includes registered engineering staff participating on Jason Matson, P.E. assignments under Scopes A, B and C. Scott Thourot, P.E. Project Engineer - Professional 3 $90.00 Tom Schilling Larry Vicars Includes engineering staff participating on Tom O'Donnell assignments under Scopes A, B and C. Professional Intern 1 and 2 $80.00 Deavon Vter Hector Casablanca Includes junior professional staff participating on Kelly Rosenberger assignments under Scopes A, B and C. Adam Kerr Senior Environmental Scientist $135.00 Mike Kiefer Will perform Supervisory role to junior staff on environmental issues related to permitting and construction. Junior Environmental Scientist $80.00 Alison Connell Craig Browning Will participate in environmental studies related to permitting and construction. H:\General\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 1 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED Kimley-Horn and Associates, Inc. Classification Hourly Rate Employees Identified Senior Designer $100.00 Sal Santore Ken Pham Includes Senior CADD designers that will take lead Steve Sullivan roles in production of project plans, and perform Alan Parenteau such activities as utility routing and roadway layout. Designer $75.00 Jude DiGiovanni Art Barns Includes CADD Operators participating on Chad Korywchak Dave Griffin assignments under Scopes A, B and C. Senior Engineer/Hydrogeologist $150.00 Bruce Cutright, P.G. 1"/000 David Goldman, P.G. Senior hydrogeologists participating on the Technical ~ ItHC!/ dl'Jc~1 lo.lt:; Os Review Conunittee for Scopes A & B. Senior Professional SurveyorlMapper $125.00 Professional SurveyorlMapper $100.00 Engineering/Survey Technician $75.00 Senior Field Representative (Professi onal) Survey Crew 4 person crew $140.00 3 person crew $120.00 2 person crew $95.00 GIS Specialist $120.00 John Carter, AICP Randyl Goss Includes GIS Specialists who will participate in conversion of utility as-built information to GIS coverages. Graphics Specialist $80.00 Danny Finch Chris Pearl Includes graphic artists who will assist in preparing presentation graphics for use in Community Involvement meetings or for other uses by the City. Senior Inspector $80.00 Steve Mills Glenn Rieske Includes senior field staff who will perform Ron Shipman construction observation services. H:\GeneraI\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 2 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED Kimley-Horn and Associates, Inc. -' Classification Hourly Rate Employees Identified GPS Equipment $20.00 Senior Administrative Support $65.00 Marilyn Carran Susan Raisor Includes senior clerical and accountin~ staff. Administrative Support $55.00 Cathy Yoder 5;.50 Sharda Dunne Sharon McManis Includes junior clerical staff. ~ le~(!'-- Jo.frd 10 1'5 () 3 Greta Bouslog Senior Landscape Architect $135.00 David Woodward, ASLA Keith Pelan, RLA. AICP Includes registered landscape architects to support utilitv team Junior Landscape Staff $80.00 Sean Grochowski Direct Costs - Mark-up% 5.85% Office, reproduction, mailing, etc. Computed as a percentage of labor charges and not itemized Direct Costs - Mark-up % sub- 1-:5-% Consultants /07,) Kimley-Hom will apply a 15% markup to the ~ '~~(Y d,^~ cd [0 /i) ~ attached subconsultant billin~ rates. 0_) CADD Computer $25 H:\General\Spruce\Proposals\Boynton Beach\Rate Schedule. doc 3 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Heller, Weaver & Sheremeta, Inc. Classification Hourly Rate Employees Identified Principal $140.00 John Weaver. PSM Project Manager $110.00 Dan Laak, PSM Professional Land Surveyor $95.00 Senior/Certified Engineering/Surveying $75.00 Technician Surveying Technician $65.00 Surveying Field Supervisor $65.00 (Party Chief) Two Person GPS Survey Crew $110.00 Surveying $105.00 Three Person Crew $85.00 Two Person Crew H:\General\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 4 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED Heller, Weaver & Sheremeta, Inc. Classification Hourlv Rate Employees Identified CADn Operator with machine $60.00 Clerical $45.00 Draftsman $50.00 Proposed rates are the same rates used on previous work for the City of Boynton Beach. H:\General\Spruce\Proposals\Boynton Beach\Rate Schedule. doc 5 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED JLA GeoSciences, Inc. Classification Hourly Rate Employees Identified Project Director (Principal) $96.00 James Andersen, PO Senior Engineer/Hydrogeologist $96.00 Paul Stout, PhD, PO H:\General\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 6 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED RosTek Associates, Inc. Classification Hourly Rate Employees Identified Project Director (Principal) $145.00 Ian Watson Associate $110.00 Drafting $75.00 ClericallW ord Processing $50.00 H:\GeneraI\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 7 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED Hillers Electrical Classification Hourly Rate Employees Identified Project Manager $95.00 Paul Hillers Project Engineer - Design $85.00 Project Engineer - Programming $90.00 Construction Coordinator $75.00 CADD Operator $65.00 CADD Drafting $50.00 Secretarial $35.00 H:\GeneraI\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 8 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED Control Systems Design Classification Hourly Rate Employees Identified Principal $115.00 Mark Biehl CADD Services $60.00 Kevin Kelly (Kelly Cadd Services) H:\GeneraI\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 9 ~=~ EXHIBIT B Kimley-Horn and Associates, Inc, October 15, 2003 Ms. Barbara Conboy Manager, Utilities Administration The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 RECEIVED OCT 1 6 2003 BOYIIONBfICHUTlUTlES . 4431 Embarcadero Drive West Palm Beach, Florida 33407 Re: Certified Letter #7003 1010 0000 6300 9484 Dear Ms. Conboy: We received the referenced letter regarding our proposed hourly billing rates. Recognizing that our proposed rates fall outside of the acceptable range in specific categories, we propose the following revisions to our proposed billing rates for the categories in question. Classification Senior Engineer/Hydrogeologist Administrative Support Direct Costs - Mark-up Previous Proposal $150.00 $55.00 15% Revised Proposal $140.00 $52.50 10% Thank you again for the opportunity to submit our proposed billing rates. We trust that the revised rates will meet your approval. Please contact me at (561) 840-0852 if you have any further questions. Sincerely, KIMLEyg; AND ASSOCIATES, INe. ::P:i. ~ ~ Michael D. Spruce, P.E. H:\General\Spruce\Proposals\Boynton Beach\Conboy Ltr IO-15-03.doc . TEL 561 845 0665 FAX 561 863 8175 12/08/2003 09:52 9043%5137 ABERCROMBIE INS PAGE 01 ACORD". CERTIFICATE OF LIABILITY INSURANCE I DATE 12/08/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UpON THE CERTIFICATE ABERc:ROMBIE INSUJiUl,NCE AGENCY, INC . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. BOX 5857 ALTER THE COVEAAGE AFFORDED BY THE POLICIES BELOVY. INSURERS AFFORDING COVERAGE - JACKSONVILLE FL 3224.7-5857 lNSURI!:D INSUREI\A: TRAVELEllS PROPERTY CASUAL'IY :INS CCHPANY KIMLEY-HORN AND ASSOCIATES, INC 1"',"VRERll: A.M. BEST ~TING "A++" P. 0_ BOX 33068 IN6URER c: INSuRE" D; RALE:IGH NC 276315-3068 IN!lU"IOR E: THE pOLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FO~ THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV Ri=QUIFlEMENT, ,ERM OR CONDltION OF AN'( CONTRACT OR OTHER DOCUMENT \MTH RESPECT TO 'MtICH THIS CERTIFICATE M/lo.V BE ISSUED OR MA'Y PERTAIN, THE INSUAANGE AFFORDED BY THE POLICIES DESCRI8ED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH pOLICIES AGGREGATE L1MrTS SHOWN MAY HAVE BeEN REoucED BY PAID C\.O.IMS. r~~: TYPE OF INSURANCE POLIcY NUftlM!R A GE~IiiRAL UABlUTY P-63D-315X3o\1715-TI:1o-03 - ~~ERCIAL QEIoIERAL UA811.1T'l' I I CLAIMS w.DE 00 OCCUR COVERAGES ~ I-- ~I.AGGRE~ ~IMI~ ~8 PER: I X I POLICY I I Jr&i I I LOC A ~urOM09ILE LIABILITY ~ ANY AUTO _ ALL. OWNED AUTOS _ SCHEDULED AUTOS ~ ,..IRED /lUTOS ~ NOI'I.QWNED AUTOS P-910-1'lL6115-T~L-03 ~AGE UABILITY ~ ANY AuTO ~ESlO UABlLITY W OCCUR 0 Cuo,lMS MAOE ROEDUCTIBLE RETENTIO/II $ A ~~~Ri~:SrA-TlOtl AND 936G978-3-03 OTHER ~~ I!Fl'EIm'JE F'g,.~.fi!::~~ 09/01/2003 09/01/2004 LIMITS :I 1,000,000 500,000 5,000 1,000,000 2,000,000 2,00D,000 EACH ocCURRIiiNCE FIRE DAMAGE 11'0"" one /1",) t MeO ~P IArw QnO oereon) $ PERSQNAL II. AOV 'IIIJI,IRY $ I3ENEFlALAGGREGATE $ PRODUCTS, cOMP/oP AGG $ I / / I 1 1 1 1 I / / / 09/01/2003 09/01/2004 COMBINED SINGLE LIMIT (lOa aQ;ldonl) $ 1,000,000 / I I / BODILY INJURY (Perl"'fl"'l') ~ I 1 1 1 BODILY INJURY (Par eQ;ldool'1i) S / / 1 / PROpERTY DAMAGE IIP",,,,,,,Idr:Ihl) $ AUTO ONL"( . EA ACCIDENT $ / / I I OTHER THA/lI EA ACe S AUTO ONI. Y: AGG $ I / / I EACH OCCURRENCE $ AGGREGATI; $ $ / 1 / / I $ Og/01/2003 09/01/2004 XIT~~J~1 l(j~ E.I. EACH ACCIDENT S 500,000 / / / / E.I. DISEASE - EA EMPLOYEE $ SDO,OOO E. I. DISIOASE - POLICY UI\1IT $ 500,000 / / / / DESCRIPTION OF OPERATlQNSI\..OCATlON51V2H1CLESIEXCUllllONS ADDED IIY ENUOR9EMENTlSPEclAL. F'ROII1B1ONS mOJEC~: GEKBML CON3Ut.'rINl;: AND nGINUlllINS SJlRVICES. 1QIJl. noJBC'f lGll.: KICHUL D. BPlilUCE, P.Ii:. 'l.'illl CITY OF BOnnON ll1!lACll IS m J\Dt) I L INSUlU!lP FOR !.IAJl:rl.X'1':r om.1' !'OR TIlIB ~CT. CERTIFICATE HOLDER T xl ADDITIONAL IISUFlED, INSUI'BHETTER: A CITY OF BOYNTON BEACH/UTILITIES DEPT Al'TN: MS ~ CONBOY 124 E. WOOLBRIGHT ROAD BOXNTON BBACH FL 33435- ACORD 25-S (7f97) ft,; 1"'50265 (9910).01 ELECTRONIC LASER F CMiCELUTION SHOULD "NY OF TlfE AlolIC DESc:R1IED POLICIeS BE cANcel.LEtl BEFORE -mE EXPlRA"TJON 0I0'TE THEREOF, 'n4li ISSUING INSURlill WILL ~- MAlL ~ bAyS WR~'" NemeE TO 1141: CeATlRCATE HOLDER ",AIIII!D TO nu, LeFT, ~, _"IOeIf~)fKe /7 AlffitORlZ ~EMlES1;JllT;~ ~. .J ~ J /Vl. 1:>.. ~ L. :.) ~J tl:l ACORD CORPORATION 1988 ~N:. _ eOO)3Z7-oMS . Pllll<' 1 of 2 ACORn. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMID!7JYY) 12/8/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 8B&1 InsurarM;e Services, Inc;. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 7823 National Service Road HOLDER. THIS CERTIFICATE DOES NOT A"':ND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUClES BELOW. 2nd Floor Greensboro, NC 27419 INSURERS AFFORDING COVERAGE .. ... .. .. -- .. INSURED .!NSUREA A:. Security Insurance Co ~f Ha~o~__ Klmley-Horn and Associates, Inc. .- INSURER B; ~ttn: Mindy Zeni . - ---- INSURER C: PO Box 33068 - - IN5lJ111I!RD: I Raleigh, NC 27636 _.... .- INSURER E; Cllentl: 660269 80KIMLEHOR1 COVERAGES THE POLICIES OF INSUAANcE LISTED BELOw HAVE BeeN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY pe"'IOD INDICATED. NOTWITHSTANDING ANY ~EaUJREMENT. TEAM OR CONOITION OF ANY CONT~T OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ~u. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICies. AGGREGATE LII,.1ITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. 'NiiA .. . . P~!:!c-r.~C'n.V1" POUCY E~I~TIOIol L TFI TYPE OF INSURANCE POUCY i'lUMIlER DATE [MM/IXl.iYYl GENERAL UADIUT'I' ~ ~~UAAeNCE s. . =:}COMMERCIALGENERALLlAIIILITY FIRE DAU"'~E (Anyone II...> $ F ""~"'": 0 oc"" -. . ,.. " --. lOEN1. AGGAEGATE LIMIT APPLIES PEA: ~ POLlcvl....l ~~,9; n L\x; AUTOMOBlLI! UADIUTY UMIT5 IWY AUTO All OWNED AUTOS 1- SCHEDuLED "UTOS HIRED AUTOS ---- NON.OWNED AUTOS -.. .. .. . ..--- MED EXP (Anyone "818.0(1) S ":~A~I\L & ADV IN.l\.IRY S ._. GeNERAL..AGOREo...re $ -.. -- PRODUCTS .COMPIOP AGG $ COMBINED SINGLE LI~IT S (Ee aeeident) --. . .. BOOIL Y INJURV S (Per person) .. .- 6OO1L Y INJURV $ (per acddem) 1----, .. PAoPERTY DAU"GE S (Per a:Qclen') -,~~JTO_ONLY .EAACCIDENT S .. GARAGE LIABILITY =j ...,..V AUTO EXCESS UABIUTY :::J OCCUR 0 CLAIl,lS MAllE I DEouC'nBlE " RETENTION S WOflKERS COUPQNSATlON A/IID EMPLOYERS' UAllIllTT ornER THAN AUTO ONLY; EA ACC S AGG S S EACH \x;CURRENCE ~~R~GATE _ s S $ --. A OTHER Professional "iabJllty PL119905 08/D1J02 08/01/04 DESCFllJlTlOrl OF OI'EFIATIONSIlOC"T101\1S1\/EHlCLE9IEXCLUSIOHS ADDED IV I!NDOIl!ll'MENT/5PEClAL PROVISIONS General Consulting and Engineering Services Project Mgr; Michael D. Sprul;8. P.E. CERTIFICATE HOLDER I [ AODmOHAl..lNSURED'INGUAEALETTEA: CANCELLATION The City of Boynton Beach Utilities Department AU: Barbara Conboy 124 E. Woolbright Road Boynton Beach, FL 33435 SHaJLD ANYOI'THE ABOIrE DESCABED POlJCIES DE CANCELLED BEFORE 1)IE ElI'lfl4l1CIN DATE 1)IEFlEOF, TMIi ISSUING lH9Uf1ER WILL ENDEAV~ TOMAILJD-..DATSWRlTTEN NOTICETOTHE CERTIfICATE HOLDERNIlM ED ,0 THE LEFT. BUTI=A1LURE 'TO 1)0 90 SHALL 1M POsE NO 08 UGATlON DR LIABILITY OF AI'I Y KIND UpON TH E INSURER,ITS AGENTS OR "EPRESENTATW~ AUThO~DREPeS~~ \2...C'w. Q 1 ~ (j) ACON>~ CORPOf:lATION 1988 ACORD 25-S (7f97) 1 1 .~ of 2 #S1030329/M618389 t C R 1 . 0 ~J ;:lMV~:lSH! lWM l~':H JCD W J 7 t :? ....~ n ~ '" .~, ;: (j A CORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE 12/08/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ABERCROMBIE INSURANCE AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. BOX 5857 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE JACKSONVILLE FL 32247-5857 INSURED INSURER A: TRAVELERS PROPERTY CASUALTY INS COMPANY KIMLEY-HORN AND ASSOCIATES, INC INSURER B: A.M. BEST RATING "A++" P. O. BOX 33068 INSURER C: INSURER D: RALEIGH NC 27636-3068 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER Pgl-+~~:~~~g~~ Pgk'f:,~~~~N LIMITS LTR A GENERAL LIABILITY P-630-315X3476-TIL-03 09/01/2003 09/01/2004 EACH OCCURRENCE $ 1,000,000 - ~ ~MERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone lire) $ 500,000 I-- CLAIMS MADE ~ OCCUR / / / / MED EXP (Anyone person) $ 5,000 I-- PERSONAL & ADV INJURY $ 1,000,000 I-- / / / / GENERAL AGGREGATE $ 2,000,000 @'LAGGREnE LIMIT AAES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY j~8i LOC / / / / A ~TOMOBILE LIABILITY P-810-171L6115-TIL-03 09/01/2003 09/01/2004 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea accident) $ 1,000,000 I-- ALL OWNED AUTOS / / / / BODILY INJURY I-- SCHEDULED AUTOS (Per person) $ ~ HIRED AUTOS RECEIVED / / / / BODILY INJURY ~ NON-OWNED AUTOS (Per accident) $ / / / / DEe 10 PROPERTY DAMAGE (Per accident) $ RRAGE LIABILITY S ~YNroN8lACHUTILITIES AUTO ONLY - EA ACCIDENT $ ANY AUTO / / / / OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY / / / / EACH OCCURRENCE $ 0' OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE / / / / $ RETENTION $ $ A WORKERS COMPENSATION AND 836G878-3-03 09/01/2003 09/01/2004 X I T~~4'I~Hs I TOTH- EMPLOYERS' LIABILITY ER E.L EACH ACCIDENT $ 500,000 / / / / E.L DISEASE - EA EMPLOYEE $ 500,000 E.L DISEASE - POLICY LIMIT $ 500,000 OTHER / / / / DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT: GENERAL CONSULTING AND ENGINEERING SERVICES. KHA PROJECT MGR: MICHAEL D. SPRUCE, P.E. THE CITY OF BOYNTON BEACH IS AN ADD' L INSURED FOR LIABILITY ONLY FOR THIS PROJECT. CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: -A- CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL l!:~lEX~ MAIL 30 DAYS WRITTEN NOTICE TO THE CERTlACATE HOLDER NAMED TO THE LEFT, ~X CITY OF BOYNTON BEACH/UTILITIES DEPT ~~~~l4~til(ll:ilOf~~"~~)t)(E ATTN: MS BARBARA CONBOY ~ t( 124 E. WOOLBRIGHT ROAD AUTHORIZ~EPREJTAX 1:, I BOYNTON BEACH FL 33435- 11. ) 1'1:";: ACORD 25-S (7197) MS, INC. )800)327-0545 /\.j @ ACORD CORPORATION 1988 ftTM-INS025S (9910).01 ELECTRONIC LASER F Page 1 012 ~- The City of Boynton Beach ct ,~,..... . . f r r,~ r:""j \'., ':'-d ","\/ ,.., <".,.., . ", vr,,' BE.~ CiS , f ., .'f- 1", I ~ ~ ., '_ . M ~ J I : l , "'_(;i;', .~l lJFFiCE Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561)742-6298 03 DEe I 5 ,0/"1 '? ",. V'vb OFFICE OF THE DIRECTOR OF UTILITIES LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 12, 2003 RE: 2- Y ear Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C D t N D t oples ae o. escnpllOn 1 Original Agreement - URS Corporation 1 Proof of Insurance REMARKS: Please file accordingly. CC: Procurement Services Karen Riseley SIGNED:~ G~ l2/:2 ()-3 ( If 0 -3--IY';z. AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and URS COl:poration, 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on No j}, It, 2003, accepted the City Administration's recommendation and designated Consultant as one of five (5) qualified consulting firms for Scope B, and one of 15 qualified consulting firms for Scope C 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 consulting and 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. CA-l 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF .SERVICE. 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" (Exhibit' A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of five (5) consulting firms for Scope B, and one of 15 consulting firms for Scope C 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. OWNERSIllP 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-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. 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 ofa 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 sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: INTEGRA TED 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. CA-5 DATED this { B day of ~o\lem bev CITY OF BOYNTON BEACH Kurt~~ Attest! Authenticated: Rev. 04/08/03 ,20Q3. Ui C<, Title d!;;j~ \,,\U1II',,- SHIRLEY STAlK "~_._..- ~.. . ......... \~ c:on;~:- II DOIU916 IDndIc:t"NIIIGnaI~Mn. CA-6 EXHmIT A SCOPE B: WELLFIELD DEVELOPMENT and HYDROGEOLOGY SERVICES . Well Redevelopment and Modification . Bringing Existing Wells to Production . New Surficial Wells . Locating and Installing New Floridan Aquifer Wells . Wellfield Improvements . Aquifer Storage & Recovery (ASR) Well Development . Deep Injection Well Maintenance and Repair . Multi-purpose ASR/Floridan Wells . Wellfield Protection . Well field Flow Analysis . Other Related Services SCOPE C: INFRASTRUCTURE IMPROVEMENTS . Water Main Replacement . Interconnections . Sanitary Sewer Line, Repair, Rehabilitation, Replacement . Inflow & Infiltration Studies/Repair . Wastewater Pump Station Rehabilitation/Expansion & Analysis . Pump SizinglExpansionlImprovements . Stormwater Management . Swale and Drainage Development/Improvements . Outfalls . Roadway and Transportation . Neighborhood Improvements . Lighting . Sidewalks . Park Amenities . Other Related services EXHIBIT B URS SCOPE B WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES City of Boynton Beach RFQ# 065-2821-03/CJD Classification Hourly Rate Employees Identified Project Director (Principal) Independent Technical Reviewers $140.00 R. Giovanelli T. Kwader Senior Technical Specialist W /Q, A. Padva RIO Client Service Manager $145.00 T. Mullin Senior Project Manager Project Manager $125.00 R. Cooper - PM Project Engineer B. Desilet B. Fehring $85.00 B. Guernik C. Thurlow X. Houdil J. Miller H.Gao A. Lin Scientist $95.00 T. Carberry M. Easly R. Gunther Senior Designer $80.00 B. Oldford Designer $75.00 P.Perry C. Barrett Senior Engineer/Hydrogeologist M. Walters S. Lepore P. $105.00 Barbieri E. Siersema H. Bernacki G. Wray C. Causaras B. Waller L. SwayZe Engineer/H ydrogeologist(T echnical M. Soko Specialist) $80.00 D. Schulte E. Leding S. Lidell C:\Documents and Settings\conboy.OOO\L.ocal Settings\Temporary Internet Files\OLK3I\Boynton Beach Pricing- Scope B.doc 1 EXHIBIT B URS SCOPE B WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES City of Boynton Beach RFQ# 065-2821-03/CJD Classification Hourly Rate Employees Identified Senior Professional Surveyor/Mapper $95.00 E. Lindsay Professional Surveyor/Mapper $75.00 D. Wichser Engineering/Survey Technician CADD Services $60.00 H. Perry D. Nemeth J. Kneiss J. Hernandez C. Balneau R. Campbell H. Nejib D. Buitrago Senior Field Representative (Professional) $70.00 M. Guinta S. Wetz E. Sexton R. Bernal J. Salazar Survey Crew 2 Man Crew $90.00 Party Chiefs - Aldrich, Brown, 3 Man Crew $115.00 Cope & Zubko GIS Specialist Graphics Specialist Senior Inspector J. Grogan $65.00 L. Di Pasquale D. Jones G. Massinger GPS Equipment Equipment $30.00 2 Man Crew $130.00 3 Man Crew $150.00 C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\OLK31 \Boynton Beach Pricing- Scope B.doc 2 EXHIBIT B URS SCOPE B WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES City of Boynton Beach RFQ# 065-2821-03/CJD Classification Hourly Rate Employees Identified Senior Administrative Support $47.50 C. Ketelhut Administrative Support $40.00 R. Hankins F. Montalvo P. F onaine P. Kline L. Moorer J. Kennedy Paraprofessional Aerial Photogrammetry Computer System Analysis Rate Study Financial Services Instrumentation and Control Services Human Resource Services $75.00 T. Pederson Data Acquisition and Control Services C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\OLK31 \Boynton Beach Pricing- Scope B.doc 3 EXHIBIT B URS SCOPE B WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES City of Boynton Beach RFQ# 065-2821-03/CJD Classification Hourly Rate Employees Identified Direct Costs - Mark-up % Office, reproduction, mailing, etc. 10% Direct Costs - Mark-up % sub- consultants 5% Legal Attorney Permitting Support $250.00 S. Poole Water Quality Testing $75.00 G. Russell (See attached list for Lab Testing Prices) C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\0LK31 \Boynton Beach Pricing- Scope B.doc 4 EXHIBIT B URS SCOPE C INFRASTRUCTURE IMPROVEMENTS City of Boynton Beach RFQ# 065-2821-03/CJD Classification Hourly Rate Employees Identified Project Director (Principal) Independent Technical Reviewers $140.00 R. Giovanelli D. Wilcox Client Service Manager $145.00 T. Mullin Senior Project Manager $125.00 R. Zuccaro Project Engineer $85.00 X. Houdil E. Montanez A. Lin H.Gao A. Nunez Senior Technical Specialists Transportation Systems $125.00 R. Shaumugan Water/ Wastewater B. Cooper Senior Designer $80.00 B. Oldford F. Sayeed C. Thurlow P. Tharitimanont Designer $70.00 P. Perry A. Malcolm C. Barrett J. Barlett Senior Engineer/Architect G. Wray S. Lepore $110.00 H. Bernacki T. Baez C Macey J. King P. Barbieri P.Shanmugam Engineer/Hydrogeologist(T echnical Specialist) $70.00 M Giunta R. Bernal C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\OLK31 \Boynton Beach Pricing- Scope C.doc 1 EXHIBIT B URS SCOPE C INFRASTRUCTURE IMPROVEMENTS City of Boynton Beach RFQ# 065-2821-03/CJD Classification Hourly Rate Employees Identified Senior Professional Surveyor/Mapper $95.00 E. Lindsay Professional Surveyor/Mapper $ 7 5.00 D. Wichser Engineering/Survey Technician CADD Services $60.00 H. Perry D. Nemeth J. Kneiss J. Hernandez C. Balneau R. Campbell H. Nejib D. Buitrago Senior Field Representative (Professional) $70.00 Survey Crew 2 Man Crew $90.00 Party Chiefs - Aldrich, Brown, 3 Man Crew $115.00 Cope & Zubko GIS Specialist Graphics Specialist Senior Inspector J Grogan $65.00 L. Di Pasquale D. Jones G. Massinger GPS Equipment Equipment $30.00 2 Man Crew $130.00 3 Man Crew $150.00 C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\OLIGI\Boynton Beach Pricing- Scope C.doc 2 EXHIBIT B URS SCOPE C INFRASTRUCTURE IMPROVEMENTS City of Boynton Beach RFQ# 065-2821-03/CJD Classification Hourly Rate Employees Identified Senior Administrative Support Public Involvement $60.00 C. Roman Administrative Support $40.00 R. Hankins F. Montalvo P. F onaine P. Kline L. Moorer Paraprofessional Aerial Photogrammetry Computer System Analysis Rate Study Financial Services Instrumentation and Control Services Human Resource Services $25.00 T. Pederson Data Acquisition and Control Services C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\OLK31 \Boynton Beach Pricing- Scope C.doc 3 EXHIBIT B URS SCOPE C INFRASTRUCTURE IMPROVEMENTS City of Boynton Beach RFQ# 065-2821-03/CJD Classification Hourly Rate Employees Identified Direct Costs - Mark-up % Office, reproduction, mailing, etc. 10% Direct Costs - Mark-up % sub- consultants 5% Public Involvement Specialist $100.00 David Burr C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\OLIGI \Boynton Beach Pricing- Scope C.doc 4 MARSH CERTIFICATE NUMBER SEA-000714232-01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. PRODUCER MARSH RISK & INSURANCE SERVICES P. O. BOX 193880 SAN FRANCISCO, CA 94119-3880 CALIFORNIA LICENSE NO. 0437153 COMPANIES AFFORDING COVERAGE RSA-F-ALL -W /PRO- FL BOCA URS COMPANY A NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA. INSURED URS CORPORATION 600 MONTGOMERY STREET 25TH FLOOR SAN FRANCISCO, CA 94111 COMPANY B AMERICAN HOME ASSURANCE CO COMPANY C AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO. COMPANY D INSURANCE CO. OF THE STATE OF PA THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YV) A GENERAL LIABILITY GL933-2537 04101103 04101/04 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILIlY PRODUCTS - COMP/OP AGG $ 2,000,000 CLAIMS MADE [8] OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 $ 1,000,000 $ 5,000 A AUTOMOBILE LIABILITY 826-1308 AOS 04/01103 04101/04 $ 1,000,000 COMBINED SINGLE LIMIT A X ANY AUTO 826-1309 MA 04/01/03 04/01/04 B ALL OWNED AUTOS 826-1310TX 04/01/03 04101/04 BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM D WORKERS COMPENSATION AND 708-5562 AOS 01/01103 01101/04 X EMPLOYERS' LIABILITY A 708-5561 CA 01/01103 01101/04 A THE PROPRIETOR! X INCL 708-5563 NY, OH, WA, WI, WV 01/01/03 01101/04 EL DISEASE-POLICY LIMIT PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE THER C PROF. LIABILITY (E&O) 819-4168 04/01/03 04/01104 EACH CLAIM $1,000,000 CLAIMS MADE FORM AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS/LOCATlONSIVEHICLES/SPECIAL ITEMS RE: R03-182 - PROJECT TITLE: CITY OF BOYNTON BEACH CITY OF BOYNTON BEACH IS AN ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT. CITY OF BOYNTON BEACH FLORIDA ATTN: PAUL FLEMING, SENIOR PROJECT MANAGER 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33425 SHOULD ANY Of' mE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE 1HE EXPIRATION DATE mEREOf', THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ___-30. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAilURE TO MAIL SUCH NOTICE SHAll IMPOSE NO OBUGAll0N OR LIABIUTY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. OR mE ISSUER OF nitS CERTIFICATE. The City of Boynton Beach ~ Utilities Departmen/ 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561)742-6298 OFFICE OF THE DIRECTOR OF UTILITIES LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: RE: 2-Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C D 'f D t N oples ae o. escnpllon I Original Agreement - CDM, Inc. t Proof of Insurance REMARKS: Please file accordingly. CLOY OF L:'"l'.'u",O TY Cr Flr'\~'~~ i~tgEf\CH ..-.,.: '-'triCE C 3 DEe 1 5 PM 3: 35 December 12, 2003 CC: Procurement Services Karen Riseley SIGNED: &Jl (;'Dl;J/;JO~ ^ (\3--1 [{ ,;( AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on l~oJ, Ir , 2003, accepted the City Administration's recommendation and designated Consultant as one of six (6) qualified consulting firms for Scope A 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 consulting and 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. CA-l 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of six (6) consulting firms for Scope A 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON - 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. 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 of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: C b f'.-'\. \(,,0\ n~'~d~r-e Kd . [VIle. 211 {(/\Ail.... wed ?d-l\fV'. ~.e{).(\.... , (l 15'1o~ 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. CA-5 DATED this 1 day of -.No V e m ber ,20~. CITY OF BOYNTON BEACH ~C'M Kurt Bressner, Ity anager Attest! Authenticated: ~'tn.~ Clt Clerk Rev. 04/08/03 ~~Cl!::fJ A5fO (.1 ~/e Title (Corporate Seal) Attest! Authenticated: CA-6 EXHIBIT A SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT . Low Pressure Membrane Softening . Low Pressure Reverse Osmosis . Nanofiltration . Anionic Exchange . Lime Softening . Other Related Services EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Project Director (principal) $145 David Holtz William Nelson Donald Thompson Client Service Manager $165 Donald Munksgaard Senior Project Manager $125 Curtis Kiefer Frank Brinson Project Engineer $105 Timothy Verwey Gregory Shaw Scientist Senior Designer $90 William Spriggs Dana Garrett Designer $72 Jennifer Gerth Allyson Nunes Senior Engineer/Hydrogeologist $100 Jorge Elias Paul Pouliot Engineer/Hydrogeologist(T echnical $84 Suzanne Meyer Specialist) Lewis Laine Senior Professional Surveyor/Mapper 3 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Professional Surveyor/Mapper Engineering/Survey Technician Senior Field Representative $90 Jeff Manning (Professional) Survey Crew GIS Specialist Graphics Specialist Senior Inspector GPS Equipment Senior Administrative Support $60 Rebecca Simpson Administrative Support $50 Denis Egilmez Wendy Loftus 4 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Paraprofessional Aerial Photogrammetry Computer System Analysis Rate Study $135 Daniel Anderson Financial Services $90 Loretta Donofrio Instrumentation and Control Services Human Resource Services Data Acquisition and Control Services Direct Costs - Mark-up % Office, reproduction, mailing, etc. Direct Costs - Mark-up % sub- consultants 5 ACORDm OATE(MM/OO/YY) 12 08 03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE PRODUCER Aon Risk services, Inc. of Massachusetts 99 High Street Boston MA 02110 PHONE. (866) 266-7475 FAX. (866) 467-7847 INSURED camp Dresser & MCKee Inc. One Cambridge place 50 Hampshire Street cambridge MA 021390000 USA COMPANY A zurich American Ins Co COMPANY B Lloyd's of London COMPANY C THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATlO LIMITS DATE (MMIDDfYY) DATE (MM/DD/YY) A GL08376632-07 01/01/03 01/01/04 GENERAL AGGREGATE S2,000,OOO COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG S2,OOO,OOO CLAIMS MADE o OCCUR PERSONAL & ADV INJURY $1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000 FIRE DAMAGE(Anv one fire) $100,000 MED EXP (Anv one person) $10,000 A BAP8376631-07 01/01/03 01/01/04 COMBINED SINGLE LIMIT $1,000,000 BODILY INJURY ( Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONL Y: EACH ACCIDENT AGGREGAT EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND wc 8376633-08 01/01/03 01/01/04 X EMPLOYERS' LIABILITY EL EACH ACCIDENT THE PROPRIETOR/ X INCL PARTNERS/EXECUTIVE EL DISEASE-POLICY LIMIT OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE B QK0301367 01/01/03 01/01/04 Each Claim/Aggregate $1,000,000 includes Errors & omissions X Arch; t&Eng Prof DIi'SCRIP:rION OF OPERATIONS/LOCATIPNlj/VEH,JCLES/5Ii'E<;IAL ITEM' . . . The Clty of Boynton BeaCh lS lncluaea as Addltlonal Insured wlth respect to General and Automobile Liability regarding to a two-year General consulting & Engineering Agreement. CERT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE The city of Boynton Beach utilitites Department 124 E. woolbright Road Boynton Beach FL 33435 USA EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENOE^"OR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT F^ILblRE TO 'l^IL SUCH ~IOTICE SH^LL II1POSE IIOOBLlG^TIOII OR L1^BILlTY OF ^NY KIIIO blPOIJ THE COtlP^NY. ITS ^GENTS OR REPRESEIIT^TI"ES. AUTHORIZED REPRESENTATIVE --=~~_ ~ 570008060826 Holder Identifier: The City of Boynton Beach ctr Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561)742-6298 :":lTv I'll"- .... 4> ~ '-.,., t/( Un \-~.J 7"0 Cd ( ei ~.I;.! I 'N Be:- ~^If "'I..tr,:1 (: or _hvj . v '. Flf'::: _ , f~l L3 DEe J 5 pl' . Ii 3: 3 7 OFFICE OF THE DIRECTOR OF UTILITIES LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 12, 2003 RE: 2- Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C D N D OpIeS ate o. escnptlOn I Original Agreement - Arcadis G&M, mc.. I Proof of Insurance REMARKS: Please file accordingly. CC: Procurement Services Karen Riseiey SIGNED: ~ C~ 12 D63 fi/ h D :)---- r .; ;z. AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and ARCADIS G&M, 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on No U, Ii, 2003, accepted the City Administration's recommendation and designated Consultant as one of six (6) qualified consulting firms for Scope A and one of five (5) qualified firms for Scope B 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 consulting and 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: I. REPRESENT A TIONS: The representations set forth in foregoing whereas clauses are true and correct. CA-I 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of six (6) consulting firms for Scope A and one of five (5) consulting firms for Scope B 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-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. 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 of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: 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. CA-5 DATED this ~ day of NOIle.M ber ,200:3 . CITY OF BOYNTON BEACH ~ Kurt Bressner, City Manager 1t/;~t4~nJ / Co ultant Attest! Authenticated: /'kStX1p!e Uu. #ts,)&(f TItle (Corporate Seal) Approved as to Form: o ~Qa&k Secret Rev. 04/08/03 CA-6 EXHIBIT A SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT · Low Pressure Membrane Softening · Low Pressure Reverse Osmosis . N anofiltration . Anionic Exchange . Lime Softening · Other Related Services SCOPE B: WELLFIELD DEVELOPMENT and HYDROGEOLOGY SERVICES · Well Redevelopment and Modification · Bringing Existing Wells to Production . New Surficial Wells · Locating and Installing New Floridan Aquifer Wells . Wellfield Improvements · Aquifer Storage & Recovery (ASR) Well Development · Deep Injection Well Maintenance and Repair · Multi-purpose ASR/Floridan Wells . Wellfield Protection · Wellfield Flow Analysis · Other Related Services EXHIBIT B ARCADlS PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED I:" ,".'"" " .... .. '. ... .. ...".... ,. ~ c----. . lelas! ...', .. B()lIrly ..' ..'. '..... Rate , ""....'" ",..... ........,.., '" ",'", ....,.. ", Proiect Director (Principal) $180 Client Service Manager $160 Tom Tessier Senior Project Manager $150 Tom Jensen, Mike Waldron, Jim Macon, Bill Reese, Bill Lynch Proi ect Engineer $90 Scientist $75 Nexhip Maska, Rod Miller, Sally Durall Senior Designer $85 Brian Oliva Designer $70 Senior Engineer/Hydrogeologist $135 Bill Vogelsong, Mike Kladias, Doug Young, Wayne Welch, Ed Springthoroe Engineer/Hydrogeologist (Technical $94 Specialist) Senior Professional Surveyor/Mapper -- Professional Surveyor/Mapper -- Engineering/Survey Technician $65 Senior Field Representative $80 Lech K wapinski (professional) Survey Crew -- GIS Specialist -- Graphics Specialist $85 Senior Inspector $80 GPS Equipment -- Senior Administrative Support $65 Administrative Support $50 Paraprofessional -- Aerial Photogrammetrv -- Computer System Analysis -- Rate Study -- Financial Services -- Instrumentation and Control Services -- Human Resource Services -- Data Acquisition and Control Services -- Direct Costs - Mark-up % Cost + 10% Office, reproduction, mailing, etc. Direct Costs - Mark-up % Cost + 10% Subconsultants G:\PROPOSAL\BOYNTON\Engineering Services June 2003\Draft Proponl\boyntonbeachnles-l 003.doc REVISED 10/22/03 PRODUCER MARSH USA, INC. 1225 17TH STREET, SUITE 2100 DENVER, CO 80202-5534 Attn: STEVE WILSON 303-308-4569 CERTIFICATE NUMBER SEA-000713900-01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE 3320 -00124--00-01 N COMPANY A GREENWICH INSURANCE COMPANY INSURED ARCADIS ATTN: CHANDRA DOWNEY 630 PLAZA DRIVE, SUITE 200 HIGHLANDS RANCH, CO 80129-2377 COMPANY B XL SPECIALTY INSURANCE COMPANY COMPANY C COMPANY D THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDDIYYI DATE (MMIDDIYYI GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A COMMERCIAL GENERAL LIABILITY GEC001076101 01/01103 01101104 PRODUCTS - COMP/OP AGG $ 2,000,000 CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 $ 1,000,000 $ 10,000 AUTOMOBILE LIABILITY $ 1,000,000 COMBINED SINGLE LIMIT A X ANY AUTO AEC001075801 01101/03 01101/04 A ALL OWNED AUTOS AEC001104701 (TX) 01/01103 01101/04 BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELlA FORM WORKERS COMPENSATION AND X EMPLOYERS' LIABILITY B WEC001076001 01/01/03 01101/04 THE PROPRIETOR! X INCL EL DISEASE-POLICY LIMIT PARTNERSIEXECUTIVE EL DISEASE-EACH EMPLOYEE $ OFFICERS ARE: EXCL DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS RE: CITY OF BOYNOTON BEACH - TWO YEAR GENERAL CONSULTING AND ENGINEERING SERVICES - DESIGN, PERMITTING, BIDDING, CONSTRUCTION, ADMINISTRATION AND ALL SERVICES FOR WATER PLANT EXPANSION AND CAPAPCITY REPLACEMENT; WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES; INFRASTRUCTURE IMPROVEMENTS AND ANCILLARY STUDIES AND SERVICES. THE CITY OF BOYNTON BEACH IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE GENERAL AND AUTOMOBILE CITY OF BOYNTON BEACH 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCEllED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE Will ENDEAVOR TO MAil -----3..0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN. BUT FAilURE TO MAil SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR lIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE ISSUER OF THIS CERTIFICATE. PRODUCER MARSH USA, INC. 1225 17TH STREET, SUITE 2100 DENVER, CO 80202-5534 Attn: STEVE WILSON 303-308-4569 COMPANIES AFFORDING COVERAGE COMPANY E COMPANY F 33320 -00124--00-01 N INSURED ARCADIS ATTN: CHANDRA DOWNEY 630 PLAZA DRIVE, SUITE 200 HIGHLANDS RANCH, CO 80129-2377 COMPANY G COMPANY H CONTINUED FROM DESCRIPTION SECTION: LIABILITY AS PER BLANKET ENDORSEMENTS ON POLICIES. CITY OF BOYNTON BEACH 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 MARSH USA INC. BY PRODUCER MARSH USA INC. 122517TH STREET, SUITE 2100 DENVER, CO 80202-5534 Attn: STEVE WILSON 303-308-4569 CERTIFICATE NUMBER SEA-000713902-01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE 3320 -00005-1 M-00-01 N COMPANY A INDIAN HARBOR INSURANCE COMPANY INSURED ARCADIS ATTN: CHANDRA DOWNEY 630 PLAZA DRIVE, SUITE 200 HIGHLANDS RANCH, CO 80129-2377 COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDIYY) DATE (MMIDDIYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE D OCCUR OWNER'S & CONTRACTOR'S PROT ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ $ $ COMBINED SINGLE LIMIT $ Rf.CS\lf.O BODILY INJURY $ (Per person) BODILY INJURY $ {lEe \.,- (Per accident) PROPERTY DAMAGE $ AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE AUTOMOBILE LIABILITY GARAGE LIABILITY EL DISEASE-POLICY LIMIT EL DISEASE-EACH EMPLOYEE $ ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR! PARTNERs/EXECUTIVE OFFICERS ARE: TH CLAIMS-MADE A PROFESSIONAL LIABILITY AND CONTRACTORS POLLUTION LIABILITY DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: CITY OF BOYNOTON BEACH - TWO YEAR GENERAL CONSULTING AND ENGINEERING SERVICES - DESIGN, PERMITTING, BIDDING, CONSTRUCTION, ADMINISTRATION AND ALL SERVICES FOR WATER PLANT EXPANSION AND CAPAPCITY REPLACEMENT; WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES; INFRASTRUCTURE IMPROVEMENTS AND ANCILLARY STUDIES AND SERVICES. FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN INCL EXCL PEC0008763-02 03116/03 03/16/04 PER OCCURRENCE $1,000,000 CITY OF BOYNTON BEACH 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL --3D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOnCE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE ISSUER OF THIS CERTIFICATE. PRODUCER DATE (MM/DDIYYI 12/08/03 COMPANIES AFFORDING COVERAGE MARSH USA INC. 122517TH STREET, SUITE 2100 DENVER, CO 80202-5534 Attn: STEVE WILSON 303-308-4569 COMPANY E COMPANY F 33320 -00005-1 M-00-01 N INSURED ARCADIS ATTN: CHANDRA DOWNEY 630 PLAZA DRIVE, SUITE 200 HIGHLANDS RANCH, CO 80129-2377 COMPANY G COMPANY H CONTINUED FROM DESCRIPTION SECTION: THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. CITY OF BOYNTON BEACH 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 MARSH USA INC. BY (.:IARCADIS Infrastructure, buildings, environment, communications Ms. Barbara Conboy Manager, Utilities Administration City of Boynton Beach 124 E. Woolbright Road Boynton Beach, Florida 33435 Subject: ARCADIS Agreement for General Consulting and Engineering Services and Insurance Certificates for RFQ No. 065-2821-03/CJD Dear Ms. Conby: Enclosed is the executed subject contract. Also enclosed are copies of insurance certificates naming the City of Boynton Beach as additional insured. Original certificates are being mailed to the City directly from our insurance company. We appreciate the opportunity and look forward to working with the City. Please let us know if we can provide further assistance. Sincerely, ARCADIS G&M, Inc. ~ ~' /~ L ./~ Thomas L. Tessier, PG Vice President Client Service Manager ~~1f Area Manager cc: Elizabeth Oliva Encl: Agreement for General Consulting and Engineering Services Insurance Certificates Part of a bigger picture G:\APROJECnBoynton BeachlContract-lnsurance Letter 1210 03.doc ARCADIS G&M. Inc. 712 U.S. Highway One Suite 200 North Palm Beach Florida 33408 Tel 561 881 0077 Fax 561 881 0012 www.arcadis-us.com WaterlWaste Date: December 10,2003 Contact: Tom Tessier Extension: 15 Email; ttessier@arcadis-us.com The City of Boynton Beach C(( Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561)742-6298 "/"""y '" i OF t::q"'1T (I T'" ~':","' I ': I (H.', nc-. "'f-{ It: . ,..,....,!{,..... '..r . :Jt... f.l ~ .... i> r, .,'. , r' ~"'F- J", c., - 1\ ,;- L.' r J t~ ;:. C]DEeIS '. PH 3: 37 OFFICE OF THE DIRECTOR OF UTILITIES LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 12, 2003 RE: 2- Y ear Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C D N D oples ate o. escnptlOn t Original Agreement - Stanley Consultants, Inc. t Proof of Insurance REMARKS: Please file accordingly. CC: Procurement Services Karen Riseley SIGNED: &11 c ~/ iJ/X3 fi 0 3-/f'~ AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Stanley Consultants. 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on Noll, If, 2003, accepted the City Administration's recommendation and designated Consultant as one of nine (9) qualified consulting firms for Scope D 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 consulting and 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. REPRESENT A nONS: The representations set forth in foregoing whereas clauses are true and correct. CA-l 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of nine (9) consulting firms for Scope D 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. OWNERSlllP 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON- 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. 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 of the Consultant and the City, ifthe City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: 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. CA-5 DATED this ~ day of r--\ ~"eM ber ,20~. CITY OF BOYNTON BEACH ~ Kurt Bressner, City Manager Qcu ~ ~4'- 4- Consultant Attest! Authenticated: Vl c..e.. q?..EtSo\Qt'tIV\ Title (Corporate Seal) Attest! Authenticated: 4 Rev. 04/08/03 CA-6 Exhibit A SCOPE D: ANCILLARY STUDIES and SERVICES · Rate Analysis · Accounting Procedures · Revenue Bonds · Risk Management · Employee Training · Performance Measurement & Organizational Management · NPDES Permitting · Vulnerability Assessments · Master Plan Updates · Clean Air Act Compliance · Consumer Confidence Report · Consumer Satisfaction Survey · Wastewater Capacity Analysis · Hydraulic Analysis · Power Analysis · Geographic Information Systems · Aerial Photogrammetry & Photography · Process Controls & Instrumentation · Data Acquisition and Control Services (DACS) · Supervisory Control & Data Acquisition (SCADA) · Other Related Services EXHIBIT B Stanley Consultants, Inc. Hourly Fees and Charges Classification Hourly Rate Employees Identified Project Director (Principal) $140.80 Tshaka Dennis, P.E. SC-16 Client Service Manager $140.80 Tshaka Dennis, P .E. SC-16 Senior Proj ect Manager David Grounds, P.E. $159.80 Charles Meyer, P.E. SC-17 Patrick Mullin, P.E. Project Engineer $108.25 Brian Roth, P .E. SC-13 Scientist I) () "<-1 $~ Michael Durham, QEP SC-16 ~u... Ie Hit" b /fJd5 Senior Designer i 0 gtJJ $140.80 Jon Ahlschwede, S.E.T. SC-16 -jilt:- Ie-~e/ t{) /td15' Designer 1,e v,' $ tOO:"'T5 Daniel Hill SC-12 -S~ Ie. #cr 10 I b tli Senior Engineer/Hydrogeologist $126.00 William Holman, P .E. SC-15 Engineer/H ydrogeologist /13 (0 (Technical Specialist) $116.60 SC-14 Michael Donnelly, PG ~~ Id/or Jo Ih'U3 Senior Professional Surveyor/Mapper Services to be provided by $95.00 subconsultant - Betsy Lindsay, Inc. Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and 3 Charges sheet. EXHIBIT B Stanley Consultants, Inc. Hourly Fees and Charges Classification Hourly Rate Employees Identified Professional SurveyorlMapper Services to be provided by $85.00 sub consultant - Betsy Lindsay, Inc. Engineering/Survey Technician Services to be provided by $75.00 subconsultant - Betsy Lindsay, Inc. Senior Field Representative 1,11lP (Professional) $ f1f.O.80' SC-16 James McLellan, P.E. ~ Ie-Her 10 1~'C6 Survey Crew $150.00 (3-man GPS) Services to be provided by $130.00 (2-man GPS) subconsultant - $ 90.00 (I-man GPS) Betsy Lindsay, Inc. GIS Specialist $108.25 Daniel Miller, P .E. SC-13 Graphics Specialist $73.75 Joanne DiGnazio, C.D. SC-8 Senior Inspector $73.75 James Russen SC-8 GPS Equipment Services to be provided by $ 40.00 subconsultant, Betsy Lindsay, Inc. Senior Administrative Support $67.75 Renee Jones SC-7 Administrative Support 5J.;~ $.S4,.ge Patricia Gringeri SC-5 "SiU- I e..~Q~ 10 -I blX Paraprofessional $67.75 Karen McDaniel SC-7 Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and 4 Charges sheet. EXHIBIT B Stanley Consultants, Inc. Hourly Fees and Charges Classification Hourly Rate Employees Identified Aerial Photogrammetry Services to be provided by See attached subconsultant, Aerial Cartographies of America, Inc. Computer System Analysis if ;.f'X' $140.80 Chuck Littler SC-16 ~ /e-II~ It) ifr.o3 Rate Study $108.25 Brian Roth, P .E. SC-13 Financial Services $108.25 Brian Roth, P .E. SC-13 Instrumentation and Control Services $126.00 Jeffrey Gambrall, P.E. SC-15 Human Resource Services 13J.1cD $1-80.00 Robert Berg SC-18 ~ le.Hg- )O/(P{;!) Data Acquisition and Control Services $116.60 Steven Tripmacker SC-14 Direct Costs - Mark-up % Office, reproduction, mailing, etc. At Cost Plus 10% Direct Costs - Mark-up % sub- consultants At Cost Plus 10% Senior Environmental Analyst $116.60 Edwin Slattery SC-14 Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and 5 Charges sheet. EXHIBIT B Stanley Consultants, Inc. Hourly Fees and Charges Classification Hourly Rate Employees Identified Environmental Analyst $108.25 James Hodina, QEP SC-13 Planner $79.50 John Sayles, AICP SC-9 Senior Architect $116.60 Richard Herrick, AlA SC-14 Architect $93.10 Gail Ray, AlA SC-ll Senior Structural Engineer $126.00 Kent Turner, P .E. SC-15 Structural Engineer $108.25 Larry Badtram, P.E. SC-13 Senior Electrical Engineer $140.80 Vernon McAllister, P.E. SC-16 Electrical Engineer $126.00 David Goetz, P .E. SC-15 $116.60 Stewart Primrose, P.E. Senior Mechanical Engineer SC-14 Mechanical Engineer $93.10 Jon Bovenkamp, P.E. SC-11 Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and 6 Charges sheet. ~ Stanley Consultants INC. Exhibit B A Stanley Group Company Engineering, Environmentai and Construction Services - Worldwide October 16, 2003 RECEIVED OCT 2 1 D3 BO-_UTlaDES Ms. Barbara Conboy Manager, Utilities Administration The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 RE: Certified Letter # 70031010000063009538 Billable Classification Rates Dear Ms. Conboy: Thank you for the above referenced letter. We have reviewed your average rates for the categories listed in your letter and are willing to accept your rate cap of 20 percent above these average rates. Therefore, we are willing to accept the following rates for the classifications listed: Classification Scientist Senior Designer Designer Engineer/H ydrogeologist (Technical Training) Senior Field Representative (Professional) Administrative Support Computer System Analysis Human Resource Services Agreed Upon Rates $120.00 $108.00 $ 86.00 $113.00 $121.00 $ 54.00 $134.00 $134.00 Thank you very much for your effort and consideration and we look forward to working with the City in the near future. Sincerely, Stanley Consultants, Inc. .. Tshaka E. Dennis, P.E. Project Principal ~ S:\Administration\Conboy Boynton Beach 1O-16-03.doc Servko Centre. 1601 Belvedere Road, Suite 400 East. West Palm Beach, FL 33406 . phone 561.689.7444 . fax 561.689.3003 internet: www.stanleygroup.com ACORDN CERTIFICATE OF LIABILITY INSURANCE CSR CH I DATE (MM/DDIYYYY) SCCOM-1 12/10/03 PRODUCER . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Miller, Harrison; & Beckey ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 100 W. Second St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Muscatine IA 52761 Phone: 563-263-6044 Fax:563-263-6667 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: St. Paul Fire & Marine 13706 INSURER B: Stanley Consultants, Inc. INSURER C: 1601 Belvedere Road #400 E INSURER D: West Palm Beach FL 33406 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER 'D~~~1MM/DDrril- PgkfEYIMM/DDIYYl" LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 I-- A X X COMMERCIAL GENERAL LIABILITY CK01402156 01/01/03 01/01/04 pRa;lS'Es (Ea occurence) $ 100,000 f-- ~ CLAIMS MADE ~ OCCUR ~ MED EXP (Anyone person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 f-- GENERAL AGGREGATE $2,000,000 f-- GEN'L AGGREGATE LIMIT APPLIES PER: - PRODUCTS - COMP/OP AGG $2,000,000 n [Xl PRO- nLOC POLICY X JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I-- $ 1,000,000 A X X ANY AUTO CK01402156 01/01/03 01/01/04 (Ea accident) f-- X ALL OWNED AUTOS BODILY INJURY f-- $ X SCHEDULED AUTOS (Per person) f-- X HIRED AUTOS BODILY INJURY f-- $ ~ NON-OWNED AUTOS (Per accident) f-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I TORY LIMITS I IUJ~- A EMPLOYERS' LIABILITY WVA1403645 01/01/03 01/01/04 $ 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYEE $ 500,000 ~~E(;litS~~'OvlS~O~S below E.L. DISEASE - POLICY LIMIT $ 500 000 OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS General Engineering Services, RFQ No. 065-2821-03/CJD. Certificate holder is included as an additional insured on general and auto liability coverage. CERTIFICATE HOLDER BOYN001 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV City of Boynton Beach Utilities Department 124 East Woolbridge Road Boynton Beach FL 33435 Michael Harris ACORD 25 (2001/08) C'NA For All the ~ommi""lents You Make" PROFESSIONAL LIABILITY ARCHITECTS/ENGINEERS INSURED: SC COMPANIES, INC. Policy AEA 00-822-09-75 MEMORANDUM OF INSURANCE ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY City of Boynton Beach Utilities Depart:ment 124 East Woolbright Road Boynton Beach, FL 33435 This memorandum is issued as a matter of information only and confers no rights upon the holder. By its issuance the Company does not alter, change, modify or extend the provisions of said policy and does not waive any of its rights thereunder. Addressee: Name and Address of Insured: stanley Consultants, Inc. 160] Belvedere Road #400 E West Palm Beach, FL 33406 Policy Period: 08/05/03 to 08/05/04 $ 1,000,000 $ 1,000,000 Per Claim limit of liability (including claims expenses) Aggregate limit of liability (including claims expenses) The policy provides contractual liability coverage for liability of others which the insured assumes under a written contract provided such liability is caused solely by the insured I s negligent act, error or omission. In the event of the cancellation of the Insurance as shown herein, the Continental Casualty Company or its authorized representative will provide thirty (30) days prior written notice to the party to whom this certificate is addressed at the address stated herein. The mailing of such notice shall be sufficient proof of notice. The above named insured has in force, on the date indicated below, a policy of professional liability insurance issued by the Continental Casualty Company with a limit of liability of not less than the amount indicated above. Dated at: Chevy Chase, Maryland Date December 10, 2003 VICTOR O. SCHINNERER & CO. BY: ~~w~ Authorized Representative 1-41249-A ~ ~ Stanley Consultants INC. A Stanley Group Company Engineering, Environmental and Construdion Services - Worldwide RECEIVED DEC11~ BOYlON_UJ- December 11, 2003 Ms. Barbara Conboy Manager, Utilities Administration Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 SUBJECT: Consultant Agreement Two-Year General Consulting and Engineering Services Dear Ms. Conboy: As requested, please find enclosed an executed original Consultant Agreement for the above subject project. Also enclosed is a copy of an Original Insurance Certificate naming the City of Boynton Beach as additional insured. Should you have any questions or require additional information, please do not hesitate to contact me. Sincerely, STANLEY CONSULTANTS, INC. Tshaka E. Dennis, P .E. Project Principal Enclosure S:\Administration\Conboy-Executed Agreement TD12-11-03.doc Servico Centre. 1601 Belvedere Road, Suite 400 East. West Palm Beach, FL 33406. phone 561.689.7444. fax 561.689.3003 internet: www.stanleygroup.com The City of Boynton Beach ccr Utilities Depar/ment 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561)742-6298 ""I."" "lfY ,'t: ~'" I . ",,;' L!, '(1'-01 " I! j hR, I It I d B t" A t. f('~ n _I..-J'H '. '...' u r t J' n r- "*" r" 1...- \." ore 15 I c. Plf 3: 3 7 OFFICE OF THE DIRECTOR OF UTILITIES LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 12, 2003 RE: 2- Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C D N D oples ate o. escnptIon 1 Original Agreement - Globaltech 1 Proof of Insurance REMARKS: Please file accordingly. CC: Procurement Services Karen Riseley SIGNED: ~JJ Gl!c~ /J /:<0'3 X d 3/(r~ AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Global Tech. 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Well field Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on tJ~O' It' , 2003, accepted the City Administration's recommendation and designated Consultant as one of six (6) qualified consulting firms for Scope A, one of five (5) qualified consulting firms for Scope B, one of 15 qualified consulting firms for Scope C, and one of nine (9) qualified consulting firms for Scope D 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 consulting and 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. CA-l 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of six (6) consulting firms for Scope A, one of five (5) consulting firms for Scope B, one of 15 consulting firms for Scope C, and one of nine (9) consulting firms for Scope D 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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. CA-2 c. 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. 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 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 deduction 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. CONVENANT 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 ay 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. DISCRlMlNATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-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. 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 ofa 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,.ifthe City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) written days notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: Globaltech. Inc. ATTN: Troy L. Lvn 4722 NW Boca Raton Blvd. Suite. CI03 Boca Raton. FL 33431-4877 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. CA-5 DATED this ~ day of N O\letY\ ber CITY OF BOYNTON BEACH ~~ Kurt Bressner, City Manager Attest! Authenticated: Rev. 04/08/03 ,2003. ~l~tm~ v~~ g"e.~~~t Title (Corporate Seal) Attest! Authenticated: CA-6 EXHIBIT A SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT . Low Pressure Membrane Softening . Low Pressure Reverse Osmosis . Nanofiltration . Anionic Exchange . Lime Softening . Other Related Services SCOPE B: WELL FIELD DEVELOPMENT and HYDROGEOLOGY SERVICES . Well Redevelopment and Modification . Bringing Existing Wells to Production . New Surficial Wells . Locating and Installing New Floridan Aquifer Wells . Wellfield Improvements . Aquifer Storage & Recovery (ASR) Well Development . Deep Injection Well Maintenance and Repair . Multi-purpose ASRlFloridan Wells . Well field Protection . Wellfield Flow Analysis . Other Related Services SCOPE C: INFRASTRUCTURE IMPROVEMENTS . Water Main Replacement . Interconnections . Sanitary Sewer Line, Repair, Rehabilitation, Replacement . Inflow & Infiltration Studies/Repair . Wastewater Pump Station Rehabilitation/Expansion & Analysis . Pump SizinglExpansion/lmprovements . Stormwater Management . Swale and Drainage Development/Improvements . Outfalls . Roadway and Transportation . Neighborhood Improvements . Lighting . Sidewalks . Park Amenities . Other Related services EXHIBIT A SCOPE D: ANCILLARY STUDIES and SERVICES . Rate Analysis . Accounting Procedures . Revenue Bonds . Risk Management . Employee Training . Performance Measurement & Organizational Management . NPDES Permitting . Vulnerability Assessments . Master Plan Updates . Clean Air Act Compliance . Consumer Confidence Report . Consumer Satisfaction Survey . Wastewater Capacity Analysis . Hydraulic Analysis . Power Analysis . Geographic Information Systems . Aerial Photogrammetry & Photography . Process Controls & Instrumentation . Data Acquisition and Control Services (DACS) . Supervisory Control & Data Acquisition (SCADA) . Other Related Services EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Project Director (principal) Client Service Manager q5 Tro'1 L yn) ~,~. Senior Project Manager q:;, Po..uJ. 60J1cl'i I Pc '1:) Tf'C'i )...'1 ~ PE go Pa uJ H ,I J e.r:s, PE- I Project Engineer CfS- Fh..u.J q CU'"I cl.'i, pc;;. 9~ T('D'j L-'i". P E. 9D Pa lA.J I-!-~ 11-e.rS I P E RS ()J CLrk L-L~..'+.he.r P E. Scientist Senior Designer 70 ~ ~ AC2....SS Designer lcb E f' f\.es.t-a S,lvo.. Senior Engineer/Hydrogeologist /05 G,O-r'i ~;cJ-., Ier-J R& Engineer/Hydrogeologist(T echnical Specialist) qs: Go..., J rn u.rrCL'1 J pC:" Senior Professional Surveyor/Mapper 3 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Professional Surveyor/Mapper Engineering/Survey Technician Senior Field Representative C)5 PCU-L-l q Ctrd.'-f I PE.. (professional) qs Tf'c'l Ll]{\ ( p~ 70 :5 a...rn Cha..rn Y\e.S S. Survey Crew GIS Specialist Graphics Specialist too Er0e-sfo Slv~ Senior Inspector 70 5 a..rn en a....m (\.e..s'S GPS Equipment Senior Administrative Support Administrative Support 35 ~ III I '50 -t e...r ko..... 4 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Paraprofessional Aerial Photogrammetry Computer System Analysis Rate Study Financial Services Instrumentation and Control Services Human Resource Services Data Acquisition and Control Services q6 Pa..,l-Ll 1-k1 \ ecs Ps I g5 A l-e... ')L '5+ D j Q.f"\ 0 \I I C.- Direct Costs - Mark-up % ~ I€-~e~ dJpd lo-J4'cg Office, reproduction, mailing, etc. 15 C)'a 1Y't (J..;:f. 10 ?o Direct Costs - Mark-up % sub- vY\ Q...f'\o.9e..wu./"'I.T of Su...b - . consultants 0 CC7r"l &u..Lt-CL.A-ts. ,r"\ c..I u.d.a..d 11"\ pn)~c..:t ..' (y\0J\a.9>2- ,.. C"/..-" d a...d M In,S tro..:h c.; ~U-.ppd'rt ho-u.. r S 5 _ EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified b ,';'e...c...-+ Cct; 1- - yY)CV"' k:. - LLp 1'1\1$> I D ~c stQ." le,R<:.Y daf PcJ () u..b cern -h-C\. cj-cJv'" ..s. ~o ((j'(4~~ 6 EXHIBIT B Global teen 4722 NW. Boca Raton, Blvd, Suite C103 Boca Raton, Florida 33431 Phone: 561.997.6433 Fax: 561.997.5811 Email: globaltech@bellsouth.net October 14,2003 RECEIVED OCT 1 6 2003 BOYHTON88\CHUTlLmES Barbara Conboy Manager, Utilities Administration Utilities Department City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Re: Consulting Agreement - Direct Cost Mark-up Percentage Dear Mrs. Conboy: We are in receipt of your letter dated October 10, 2003. A maximum direct cost mark-up percentage of 10% as discussed in your letter is agreeable to us. If warranted by the specific project requirements, lower percentages could be negotiated with the City. This letter will serve as an addendum to our previously submitted rates to lower all direct cost mark-up to a maximum of 10%. We appreciate the opportunity to do business directly with the City and we look forward to working with the City and staff S~ty Troy L. Lyn, P.E. V ice President TL/dm Client#: 6173 ACORDTM CERTIFICATE OF LA GLOBTEC3 PRODUCER Suncoast Insurance Associates P.O. Box 22668 Tampa, FL 33622-2668 813289-5200 DATE (MMlDDIYY) 07/24/03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SURANCE INSURERS AFFORDING COVERAGE Globaltech, Inc. 4702 NW 2nd Ave. Suite C103 Boca Raton, FL 33431 COVERAGES INSURER A: Security Ins of Hartford , INSURER B: INSURER C: INSURER D: INSURER E: INSURED THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I -r- ~-- - ------------- -- -------- -----lP,Ol.iCYtfFFE~~- POLlcr I'il-:}~~N - ._---~.-----_..... -----..- -- m____ LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DATE M DD LIMITS I GENERAL LIABILITY ! EACH OCCURRENCE $ f---, - :=5 M ERCIAL GENERAL L1AB ILlTY FIRE DAMAGE (Anyone fire) $ CLAIMS MADE D OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ - '3EN'L AGGREGATE L1M IT APPLIES PER: PRODUCTS -COMP/OP AGG ~" I POLICY r--: j~2T .._._--_.._._-_.._-_._._~._------_._--- -- ----------- -- --------..- LOC i AUTOMOBILE LIABILITY i COMBINED SINGLE LIMIT I (Ea accident) $ ANY AUTO - I ALL OWNED AUTOS I BODILY INJURY - $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) --..------------ ,- "" PROPERTY DAMAGE i$ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 1$ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ - .. -! OCCUR ' -- --~-_..--_._--------_.- -. -'--- ---- - --- CLAIMS MADE AGGREGATE $ --- ..__._.._._n________ . -----.. $ I ~ DEDUCTIBLE I $ RETENTION $ $ WORKERS COMPENSATION AND Jrc STATU- i IOJr- ,_,TQa'(,~_ R , - EMPLOYERS' LIABILITY E.L EACH ACCIDENT S ---,-,---,~,--- -, - r--- - -.-_..- E.L. DISEASE - EA EMPL OYEE $ -,-- E.L. DISEASE . POLICY LIMIT $ A OTHER AEE0233090 07/07/03 07/07/04 $1,000,000 Each Claim Professional $1,000,000 Ann. Aggr. ~iability DESCRIPTioN OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability is written on a claims made basis. RE: General Consulting & Engineering Services CERTIFICATE HOLDER I I ADDmONALINSURED;INSURERLETTER: CANCELLATION SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION City of Boy ton Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL3.0--DAYSWRITTEN Utilities Department NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHELEFT, BUT FAILURE roDOSOSHALL 124 E. Woolbright Rd. 1M POSE NO OBLIGATION OR LIABILITY OF ANYIQND UPON TH E INSURER,ITS AGENTS OR Boynton Beach, FL 33435 REPRESENTATIVES. "'A:RIZED REPRESENTATIVE I . ~. ....-1. ~- ) ACORD 25-S (7197)1 of 2 #S82065/M76679 TKC @) ACORD CORPORATION 1988 UQlC. ILl lUlU...., tV.""tV' I u.t __"W_' _ I .......~ 1_. I ,_,-"" L.I"""-..'--- IltV . -~- - -. - ACORD.. CERTIFICATE OF LIABILITY INSURANCE OPIO cvl DAn; (MMlDOIYYYYI GLOBA-2 12/09/03 PROOUCIR THIS CERTIACATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ACEC/MARSH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 800 MArket st, Ste. 2600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis YO 63101-2500 phone: 800-338-1391 Fax:B8B-621-3173 INSURERS AFFORDING COVERAGE NAlC# INIURED INSURER A:. Hartford Insurance COIIIpany 22357 INSURER B Globaltech, Inc. INSURER C Hr. Paul Gandy 4722 NW 2nd Ave., 'C103 INSURER 0 Boca Raton FL 33431 INSURER E: COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSlEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING NN REQUIREMENT, TERM OR CONDITION OF NN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I'~." ,........ ~~i,:~ X LTR MUD TVPI OF INIUlW1CE poucr NUMIIIR DATlIMMlDOIYY UIlIIITI ~_ UAIlIUTY EACH OCCURRENCE $ 1000000: A ~ COMMERCIAL GENERAL lJABlUTY 84SBWEN3454 11/01/03 11/01/04 PREMISES (Ea oce"renee) $ 300000 e-- tJ ClAJMS MADE [!] OCCUR MEO EXP (My one person) $ 10000 - PERSONAl. & NN INJURY $ 1000000 ~ GENER"'- AGGREGATE $ 2000000 ~L AGGREGA~T APPUES PER PRODUCTS. COMP/OP AGG $ 2000000 PRO- n POUCY J: JECT LOC AUTOM081\J! LWIIUTY COMBINED StNGI..E UMIT - $ 1000000 A ANY AUTO 84SBWEN3454 11/01/03 11/01/04 (Ea accIdent) - - ALL OWNED AUTOS BODILY INJURY $ SCHEDUI..ED AUTOS (Per person) - ..!.. HIRED AUTOS BODILY INJURY $ ..!.. NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) R~U::V AUTO ONLY. EAACCIDENT $ OTHER THAN EAACC $ AUTO ONLY AGG $ 3SIIUMBREUA UABIUTY EACH OCCURRENCE $ OCCUR D ClAJMS MADE AGGREGATE $ $ R DEDUCTIBI..E $ RETENTION ~ $ $ WORKERS COMl'ENaAllON AND X IT~~S~~;T~ I 10TH- EMPI.OYERS' UABIUTY ER A ANY PROPRIETORlPARTNERlEXECUTM: 84WJGAX6694 11/01/03 11/01/04 E L EACH ACCIDENT $ 100, 000 OFFICERiMEMBER EXCLUDED? EL DISEASE. EA EMPLOYEE $ 100,000 If yes, Clescrlbe Under SPECIAL PROVISIONS below EL D1SEASE. POUCY UMIT $ 500, 000 OTHER OEICRlPTION OF OPERAllONl/l.OCA110NI I YEHICI..ElII EXCI.UIIONI ADDEO BY ENDORIEMENT /SPECIAI. PROVISIONS RE: GENERAL COSULTING & ENGINEERING SERVICES CITY OF BOYNTON BEACH IS INCLUDED AS ADDITIONAL INSURED. CTYBOYN SHOUlD ANY OF THE ABOVE OHCRlB!O POUCIES BE CANCEl.LEO BIPORE THE EXPlllA110N DATI THiRlOF. THIIllUIIlCIINIIURIR W1U.INQEAVOR TO MAIL 30 DAYI WIlITTEN - CITY OF BOYNTON BEACH NOllCE TO THE CERTIFICATE HOUlER _EO TO THE LEFT. BUT FAlWRE TO 00 SO SHAU. UTILITIES DEPARTMENT IMPOH NO OBUOA110N OR UABlUTY OF ANY KIND UPON THIINSUIIER, ITS AGENTS OR 124 E. WOOLBRIGHT lID. REPRIIIINTA1MiI. BOYNTON BEACH FL 33435 AUTHORIZEOREP~ D... ~ ~ ,~ \ CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) @ACORD CORPORATION 1988 IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7197)2 of 2 #S8206S/M76679 Global teen 4722 NW. Boca Raton, Blvd, Suite C103 Boca Raton, Florida 33431 Phone: 561.997.6433 Fax: 561.997.5811 Email: globaltech@bellsouth.net December 11, 2003 Barbara Conboy Manager, Utilities Administration Utilities Department City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 REceiVED DEe\'. 8omON_UlIL\1IES Re: Consulting Agreement - Signed Original Dear Mrs. Conboy: Per your letter dated December 1, 2003 we are returning the following as requested: · Signed original of Consultant Agreement to the Utility Department . Insurance Certificates We have made a copy of the original Agreement and will not need a certified copy. Please give us a call if you require any additional information. ~1~ Troy L. Lyn, P .E. Vice President TL/dm enclosures The City of Boynton Beach ~ Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561)742-6298 "'/" I Y .nf.' ~ (/"'1":' b.''1\'_~I' " . .',.. ~ r I"~ 1 r'!, I I .' r '1'1 B ,", . no- ", FA . .~ L. 1_ /"1 #$ /"1 r:-':'I"!'~ .elJ C'? ,_ ~., riel":' I '-' Dt (' 15 ... '-.... P' tf 3: 3 7 OFFICE OF THE DIRECTOR OF UTILITIES LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 12, 2003 RE: 2- Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C D N D oples ate o. escnptlOn 1 Original Agreement - Craig A. Smith & Associates 1 Proof of Insurance REMARKS: Please provide file accordingly. CC: Procurement Services Karen Riseley SIGNED:&J1 G~ !;J!J03 ,/{ [) 3-- (?c;L AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Craig A. Smith & Associates, 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 282l-03/CJD; and WHEREAS, RFQ No. 065-282l-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-282l-03/CJD further defined four (4) Scopes of Services as Scope A: ,W.I!ter.PlanLExpansionand Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on NOi!. / r , 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C 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 consulting and 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. CA-I 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON- 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. 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 of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: ~t<m6 If; ~-"'II?7f 1 ilsfK'/fT8 / boo fIJ?5/ /1~';V;;fg ItJl11) i 5u IrE i't'l) , J1;H?~ Grklf . Pt, $1-0tRCJ { /irTN.' 4~1fi;,J 5MI7lIy P~, y:/? 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. CA-5 DATED this Ie day of Novembe( CITY OF BOYNTON BEACH ~ Kurt Bressner, City Manager Attest! Authenticated: Rev. 04/08/03 ,20~. ~ Consultant \J \ Of r12/ePl VB"l'cil Title (Corporate Seal) Attest! Authenticated: CA-6 EXHIBIL',A SCOPE C: INFRASTRUCTURE IMPROVEMENTS · Water Main Replacement . Interconnections · Sanitary Sewer Line, Repair, Rehabilitation, Replacement · Inflow & Infiltration Studies/Repair · Wastewater Pump Station Rehabilitation/Expansion & Analysis · Pump Sizing/ExpansionlImprovements . Stormwater Management · Swale and Drainage Development/Improvements . Outfalls . Roadway and Transportation . Neighborhood Improvements . Lighting . Sidewalks . Park Amenities . Other Related services EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Project Director (principal) $-200. 80 Craig A. Smit h , P.E. Gene R. Schriner, P. E. l<it) CO Stephen C. Smith, P.E. 'S~ 1~1ks do.~CJ({ M. Dale Milita Jf') ,Jt.()1,. Client Service Manager $150.00 William P. Snow, P.E. Vice President James R. Orth, P.E. Senior Project Manager $130.00 William H. Landis, P.E. Orlando A. Rubio, P.E. Project Engineer $ 90.00 William C. Lips, E.1. Albert Caruso, E.1. Glen T. Davis, P.E. Peter A. Kunen, E.1. Scientist N/A $ Senior Designer $100.00 Greg A. Giarrtana Designer $ 80.00 David A. Main David A. Mizelle Senior Engineer/Hydrogeologist $ Engineer/Hydrogeologist(Technical $ Specialist) Senior Professional Surveyor/Mapper $125.00 Richard H. Smith, P.S.M. 3 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Professional Surveyor/Mapper $100.00 Robert D. Keener, P.S.M. Engineering/Survey Technician $ 70.00 William Tanto Kathy Moch Sergio Machado Senior Field Representative $ 90.00 Jay Beaton (Professional) Greg W. Jeffries Survey Crew $ 110.00 GIS Specialist $ 95.00 Brian Uihlein, MCSE Graphics Specialist N/A Senior Inspector $ 85.00 Tony Gomes GPS Equipment N/A Senior Administrative Support $158.00 Stephen McBride .. (,5 CO ~JQ-/kv-deJrlloJI05 Administrative Support $ 40.00 Linda Komoniewski Connie Vanassche Sharon Bordonaro Alisa Fuller 4 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Paraprofessional N/A Aerial Photogramrnetry N/A Computer System Analysis N/A Rate Study N/A Financial Services N/A Instrumentation and Control Services N/A Human Resource Services N/A Data Acquisition and Control Services N/A Direct Costs - Mark-up % Cost Plus Blueprints $1.S0/sheet Office, reproduction, mailing, etc. 10% Copies $0.1S/sheet Direct Costs - Mark-up % sub- Cost Plus consultants 10% 5 _ EXHIBIT B CRAIG A. SMITH & ASSOCIATES CONSULTING ENGINEERS. PLANNERS · SURVEYORS. GRANTS ASSISTANCE RECEIVED OCT 2 ~ 2003 October 21,2003 BOYtIONB!ACHU1I1TIE8 Via Facsimile: (561) 742-6298 Ms. Barbara Conboy Manager, Utilities Administration The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 RE: CITY OF BOYNTON BEACH RATES CAS PROJECT NO. P-1147 Dear Ms. Conboy: In response to your letter dated October 10, 2003 and the recommendation to the City Commission regarding your analysis to our rates, the classifications and our revised rates are listed below: CLASSIFICATION REVISED RATES Project Director (Principal) Senior Administrative Support $ 180.00 $ 65.00 We look forward to a favorable recommendation from the City Commission to proceed with a Consultant Agreement from you soon. Sincerely, . SMITH & ASSOCIATES, INC. SCS/lk M:\MUNIC\PROPOSAL\P1147 Boynton Beach\Letter RATES 10-20-03.doc 1000 West McNab Road, Pompano Beach, Florida 33069 · (954) 782-8222 Fax: (954) 786-8927 Palm Beach: (561) 736-3188 Dade: (305) 940-4661 www.craigasmith.com 12/04/03 TEl' 12:57 F.~ 2153482342 , u,o:::;-::,J4I.o 0 2 if ' CERTIFICAT]~ OF INSURANCE DEe n 4 (D03 DATE 1210310) PRODUCER PROFESSIONAL DESIGN INSURANCE MANAGEMENT CORPOFATION P.O. BOX 501130 INDrANAPOLIS, IN 462SC Phone: (317) 570.6945 PI;:: (317) 579-6410 THIS CER.TlPJCATl! IS JSSUBD AS ^ MATIER OF INFORMATION om Y AND CONPBRS NO RIGHT UPON"'l1!E CBImPICATB HOlDER. 1lIJS CBRnr-tCATB DOBS NOT AMEND, An'R A"FPOR 'Y JrntCl Iml l1W COMPANIES AFFORDING COVERAGE: COMP.4NY A St. Pall) Romsunmcc Company, Ltd. LJrrrER. INSURED Craig A. Smith & Associllte5 of Florida, Inc. IO()O W. McN.b Road, Sue. 200 Pompano Beach, FL 35069 COMPANY B LB11'BR COMPANY C I..5TTBR. COMPANY D LETI'BR. COMPANY E LIm'jiR. COVERAGES TIilS IS TO CERTIFY THAT POL IClES OF INSURANCE LISTED BELOW HA Vl! !lJW,l ISSUED TO THE INSURED NAMB ABOVE POR nIB POliCY P!llUOD INDICATED, NOTWITHSTANO: NO /\NY REQUJRBMEN'r,1SJW OR CONDmON OF ~y CONTRACT OR OTHER DOCUMENT wmr RESPECT TO WHICM n.ns CERTIFTCA'TE MAY 813 IS::um OR MAY PERTAIN, 1lm rNSURANCB AFFOJIDEJ) BY THI3 POUc:IES DESCRIBED HaREIN IS SUBJ'BCT TO ALL nrs TERMS, EXCLUSION, AND CO} lImON OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BBBN REDUCED BY PAID CLAIMS. co Ln TYPE OF INS lJRANCB POLJCY NUMBER. 1'OUCY POLICY BFP'I:;C'l1VB SXPlRAnON nA1'F! UMIT8 OENERAL LlABILITY . [ I COMMERCIAL OENSM. UABlUTY [ J [ ]CWM ~ ( ] c: CCURRENCB [ } OWNER'S &. CONTRAi~RS PRC7I'ECTIVE [ ) . I AlITOMOBILE UABILITY GENERAL AOOREOA.m $ PROOUCTS~MP/OPS AOOREOA."rB $ PERSONAL a: ADVl3RllSlNCi INJURY S 1!ACH 0CClJRENCR S FrRS DAMAGE (ANY ONE FIRE) $ N) [ ) ~y AUTO [ ] ALL OWNED AUTOS [ J SCHEDULED AUTos [ J HIRED AUTOS r ] NON.QWNED AUTOS [ J GARAGH UABILITY r 1 EXCESS lJAB!lJTY [ ] UMeRBLtA FORM WORKERS'COMPSNSATION AND EMPLOYER L [ABILITY CSL $ BODILY fNJURY S (pER PERSoN) BODILY INJURY $ (pER ACCIDSNn PR.<IP5RTY S DAMAGE AGGREGATE EACH OCCURRENCE S STATllTO:RY $ (EACH ACCIDENT) S (DJSEASE-POUCY IJMIT) $ (OISBASE-!!ACI-t EMPLOYEE) A OTHBJI. PROFESSIONAL UABnJr ( SPL 001141.00 (X] ARCHITECTS AND m\ GlNEBRS [ ] OESCRlPTlON OF OPERATIONS 'r..OCATIONIVEIilCLESISPBCL\l.. ~ 01 Apt OJ OJ Apr 04 100000o "LlMJTEACH CI.AJM AND $2000000 IN THE AGGJU!GA.~ CBRTIFICA TE HOLDER The City of Boynton Beach UtiUties Department 124 E. Woolbrigbt Road Boynton Beach, FL 33435 Attn: Barbara ConbOY, }\l,gr. Utility Adm. SHOULD ANY OP THE ABOVl! DESCfUBm POlJCJBS BE CANCELLIID 1IBPORE THE EXPIRATION DAn! TH5lU3OF, T.HB rsSUlNO COMPANY WlLLENImAVOR TO MAlL 10 DAYS ~NOTICE TOnIE ceRTIFICATE HOLOmt NAMED TO 11iE LEFT, BUT FAILURE TO MAn.. SUCfl: NOTICE SHALL IM1>OSB NO OBLIGATION OR.llABlUTY OF ANY KIND UPON niB COMPANY,ITS AOBNTS OR RBPRliSBNTATIVES. AUTHORIZEP REPRE!SENTATIVB 1_..- .."'._-......1.- ACORD 25.,5 (1195) Date: 12/4/2003 Time: 10:29 AM To: Page: 002-003 @ 9" ,9547868927 Cllentl: 13062 CRAIGASM ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MM,oD/YYYV) 12/04~ PRODUCER THS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cypreaa Inaurance Group BO-CL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Drawer 9328 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. 5800 N. Andrews Avenue Fort Lauderdale, FL 33310-9328 INSURERS AFFORDING COVERAGE NAlC. INSURED INSURER A: Transportation Ina. Co. Craig A. Smith & Aaaoclatea INSURER B: Evereet Natlonallna. Co. 1000 W. McNab Road INSURER C: Pompano Beach, FL 33089 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BaOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREM8'4T, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO INHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCWSIONS AND CONDrrJONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OFINSURAHCE POUCYNUMBER I POUCY Pg~W ON UMrrs ITD ......r A ~NERAL UABIUTY 2025471552 12/01~ 12/01104 EACH OCCURRENCE $1 000 000 lL COMMEROAL GENERAL LIABILITY DAMAGE TO RENTED S3OO.ooo - =:J CLAIMS MADE ~ OCCUR MED EXP f/\.ny CIle per1lOn) 510.000 PERSONAL & ADV INJURY $1000.000 GENERAL AGGREGATE $1 000.000 n'L AGGREnE LIMIT APriS PER: PRODUCTS. OCMP/OP AGG $1 000.000 POLICY ~g: LOG ~OMoeILE UABlUTY COMBINED SINGLE LIMIT $ ANY AUTO (Ea acddenl) ~ ~ ALL CWNED AUTOS BOO L Y INJURY (p er person) $ - SCHEDULED AUTOS HIRED AUTOS BODILY INJURY - $ NON-CWNED AUTOS (per acddent) - PROPERTY DAMAGE $ (per acOdenl) ==fAGE L1ABIUTY AUTO ONLY- EA ACODENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A ~CESS,uMBRELLA LIABILITY 2025471552 12/01~ 12/01104 EACH OCCURRENCE $3000000 X OcaJR D CLAIMS MADE AGGREGATE $3000000 $ ==J ~EDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND 2700008644031 01/16/03 01/16/04 X 1M:; STATU- 'OJ);- EMPLOYERS' UABIUTY 5500 000 ANY PROPRlETffi/PARTNER/EXECUTIVE E.L. EACH ACODENT OFFlCERiMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE 5500.000 Ilyes, de9:ribe under E.L. DISEASE - POLICY LIMIT 5500 000 SPEOAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS /VEHlCLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: Water Plant &panslonJWellfleld Development Certificate Holder la Additional Insured with respecta the General Liability, under Blanket Addltlonallnaured Form 1G123127B 12/02 CERTIFICATE HOLDER City of Boynton Beach Utility Department 124 E. Woolbright Road Boynton Beach, FL 33435 CANCEL TlON SHOULD AK'f OF THE ABOVE DESCRIBED POUOES BE CANCEu.ED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ....1fL DAYS WRITTEN NOTICE TO THE CERTlACATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL IMPOSE NO OBUGATlON OR UABILlTY OF AK'f KIND UPON THE INSURER, ITS AGENTS OR ACORD 2S (2001/08) 1 of 2 1IS35094..M34699 CR €l ACORD CORPORATION 1988 Date: 12/4/2003 ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MM,oo/YYYY) 12/04/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cypress Insurance Group BO-CL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Drawer 9328 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. 5800 N. Andrewa Avenue For1 Lauderdale, FL 33310-9328 INSURERS AFFORDING COVERAGE NAlC' INSURED INSURER A:. Transportation Ina. Co. Craig A. Smith & Asaoclatea INSURER B: Everest Natlonallna. Co. 1000W. McNab Road INSURER C: Pompano Beach, FL 33069 INSURER D: INSURER E: Time: 10:29 AM To: Page: 002-003 Cllent#: 13062 @ 9" ,9547868927 CRAIGASM COVERAGES THE POLICIES OF INSURANCE LISTED Baow HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSU ED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSANDCONDrTlONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. ~ TYPE OF INSURANCE POUCYNUMBER POU ~ EFFECTIVE POUCYEXP,RAnON UMITS A ~NERAL UABIUTY 2025471552 12/01/03 12/01/04 EAOt OCOJRRENCE $1.000.000 ~ OMEROAL GENERAL. LIABILITY DAMAGE TO RENTED ~, $300_000 I-- CLAMS MADE ~ OCCUR MED EXP !Anyone person) $10000 PERSONAL & ADV INJURY $1 000.000 GENERAL AGGREGATE $1 000.000 GEN'L AGGREnE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $1 000.000 -=, POLICY Pfg: LOG ~OMOBILE UABIUTY COMBINED SINGLE LIMIT $ ANY AUTO (Ea acddent) - ALL ONNED AUTOS BODILY INJURY - !per person) $ - SOtEDULED AUTOS HIRED AUTOS BODILY INJURY - !per acddent) $ - NON-ONNED AUTOS PROPERTY DAMAGE $ !per acddent) R~GE UABIUTY AUTO ONLY- EA ACODENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A tiJCESSiUMBRELLA UABILITY 2025471552 12/01/03 12/01/04 EAOt OCOJRRENCE $3 000 000 X OCOJR 0 CLAMS MADE AGGREGATE $3 000 000 $ R DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND 2700008644031 01/16/03 01/16/04 X I /!:f..J"[~~~;, I 10J~- EMPLOYERS' UABIUTY sSOO.OOO ANY PROPRlETCf1!PARTNER/EXEOJTIVE E.L. EAOt ACODENT OFFICERJMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE sSOO.OOO Ilyes, deocribe under E.L. DISEASE - POLICY LIMIT sSOO.OOO SPEOAL PROVISIONS below OTHER DESCl'lIPTlON OF OPERATIONS / LOCATIONS /VEHlCLES/ EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: Water Plant &panalon/Wellfleld Development Cer1lflcate Holder la Addltlonallnaured with reapects the General Liability, under Blanket Addltlonallnaured Form #G123127B 12/02 CERTIFICATE HOLDER CANCEL TlON City of Boynton Beach Utility Depar1ment 124 E. Woolbright Road Boynton Beach, FL 33435 SHOULD ANY OF THE ABOVE DESCl'lIBED POUOES BE CANCEUED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -J.1L. DAYS WRITTEN NOTICE TO THE CERTlACATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL ACORD 26 (2001/08) 1 of 2 #S35094/M34699 CR €l ACORD CORPORATION 1988 Date: 12/4/2003 Time: 10:29 AM To: Page: 003-003 @ 9" ,9547868927 IMPORTANT If the certifICate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or a~er the coverage afforded by the policies listed thereon. ACORD 26-S (2001/08) 2 of 2 #S350941M34899 A CORDTM CERTIFICA TE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 11/21/03 PRODUCEr( THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cypress Insurance Group BO-CL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Drawer 9328 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5800 N. Andrews Avenue Fort Lauderdale, FL 33310-9328 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Transportation Ins. Co. Craig A. Smith & Associates INSURER B: Everest National Ins. Co. 1000 W. McNab Road INSURER C: Pompano Beach, FL 33069 INSURER D: INSURER E: Client#: 13062 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L TR NSR TYPE OF INSURANCE POLICY NUMBER PJ>l-+~Y ~~~~g~~E LIMITS A GENERAL LIABILITY 2025471552 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [K] OCCUR 12/01/03 12/01/04 $1 000 000 $300 000 MED EXP (Anyone person) $10 000 PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $1 000 000 PRODUCTS - COMP/OP AGG $1 000 000 ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC AGG $ $ $ $3 000 000 $3 000 000 $ $ $ A EXCESS/UMBRELLA LIABILITY X OCCUR D CLAIMS MADE 2025471552 12/01/03 12/01/04 EACH OCCURRENCE AGGREGATE DEDUCTIBLE RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? II yes. describe under SPECIAL PROVISIONS below OTHER 2700008644031 01/16/03 01/16/04 X $500,000 EL DISEASE - EA EMPLOYE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Boynton Beach Utility DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---1.0..- DAYS WRITTEN Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 124 E. Woolbright Road IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Boynton Beach, FL 33435 REPRESENTATIVES. AU~ZED REPRES&IVE ""..& _ oA ~ ACORD 25 (2001108) 1 of 2 #S34931/M34699 CR @ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorselTlent(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirlTlatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001108) 2 of 2 #S34931/M34699 The City of Boynton Beach ct 'I} OF" En Y.\Hrm ~F ^ "I ", TV "/ .. r:; ,,'. - .. ,_I-> (,.j ,," , i.oli_r~;~l\ S OFFI!";-'- ".'- Utilities Departmen/ /24 E Woolbright Road Boynton Beach. Florida 33435 Phone (56/) 742-6400 FAX (56/)742-6298 C3[][C IS PN 3: 36 OFFICE OF THE DIRECTOR OF UTILITIES LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 12, 2003 RE: 2- Y ear Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C . D N D omes ate o. escnptIon 1 Original Agreement - CH2M Hill 1 Proof of Insurance REMARKS: Please provide file accordingly. CC: Procurement Services Karen Riseley SIGNED: ~JlC~ 12./203 ,K DEL,,! r,2- AGREEMENT for GENERAL CONSULTING AND ENGINEERING 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Well field Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on tJ au, If, 2003, accepted the City Administration's recommendation and designated Consultant as one of six (6) qualified consulting firms for Scope A, one of five (5) qualified consulting firms for Scope B, one of 15 qualified consulting firms for Scope C, and one of nine (9) qualified consulting firms for Scope D 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 consulting and 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. CA-l 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of six (6) consulting firms for Scope A, one of five (5) consulting firms for Scope B, one of 15 consulting firms for Scope C, and one of nine (9) consulting firms for Scope D 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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. CA-2 c. 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. 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-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. 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 ofa 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 sixty (60) written days notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: C HZm ;"/I/..L. rtrn.f. J:(:CIC C)t..so.) 800 ;;+/.I{w7tt" JJt2. I Sc.J, 7E' j.ro , bElf"~FI'~t.A 'ZeAc.H/ FL j:1'1:J~ 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. CA-5 DATED this 18 day of Nevembe{ ,20~. CITY OF BOYNTON BEACH KurtB~ Attest! Authenticated: o Rev. 04/08/03 4t~ Consultant -- V teE P f2-f.f, I ~ I;N ( Title (Corporate Seal) Attest! Authenticated: ~ f'?1,f,ecretary CA-6 EXHIBIT A SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT · Low Pressure Membrane Softening · Low Pressure Reverse Osmosis . Nanofiltration · Anionic Exchange . Lime Softening · Other Related Services SCOPE B: WELLFIELD DEVELOPMENT and HYDROGEOLOGY SERVICES · Well Redevelopment and Modification · Bringing Existing Wells to Production . New Surficial Wells · Locating and Installing New Floridan Aquifer Wells . Wellfield Improvements · Aquifer Storage & Recovery (ASR) Well Development · Deep Injection Well Maintenance and Repair · Multi-purpose ASRJFloridan Wells · Wellfield Protection · Wellfield Flow Analysis · Other Related Services SCOPE C: INFRASTRUCTURE IMPROVEMENTS · Water Main Replacement · Interconnections · Sanitary Sewer Line, Repair, Rehabilitation, Replacement · Inflow & Infiltration Studies/Repair · Wastewater Pump Station RehabilitationlExpansion & Analysis · Pump SizinglExpansion/Improvements · Stormwater Management · Swale and Drainage Development!Improvements · Outfalls · Roadway and Transportation · Neighborhood Improvements . Lighting · Sidewalks . Park Amenities · Other Related services EXHIBIT A SCOPE D: ANCILLARY STUDIES and SERVICES . Rate Analysis . Accounting Procedures . Revenue Bonds · Risk Management . Employee Training · Performance Measurement & Organizational Management . NPDES Permitting . Vulnerability Assessments . Master Plan Updates . Clean Air Act Compliance · Consumer Confidence Report . Consumer Satisfaction Survey · Wastewater Capacity Analysis . Hydraulic Analysis · Power Analysis · Geographic Information Systems . Aerial Photogrammetry & Photography · Process Controls & Instrumentation · Data Acquisition and Control Services (DACS) · Supervisory Control & Data Acquisition (SCADA) · Other Related Services EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Project Director (Principal) - This $195.00 McCORMICK, TOM; DY AK, JAMES position is an officer of the firm and has signatory authority Client Service Manager - This $150.00 OLSON, RICHARD position has primary responsibility for all client needs and oversees project delivery Senior Project Manager - Senior $160.00 EMANUEL, RICHARD; SCHWARZ, Professional on project management WALTER; SHARP, TIMOTHY; career path. Capable of directing large SKEHAN, SEAN; WOBMA, PAUL multi-discipline projects Project Engineer - Senior technical $122.00 MACHOWICZ, ROBERT; MANGRUM, professional capable of managing CARL; MORALES, RICARDO; tasks and small projects. Licensed PONTEK, ROBERT; POSTROZNY, with over 10 years of professional HENRY; SCHUMAN, DAVID expenence. Scientist - Environmental professional $95.00 BENNETT, FRANCES; LANDRUM, specializing in permitting MIKE; PATTERSON, ELEN; SLOAN, ANDREW Senior Designer - professional $95.00 BOWER, LARRY; LANGLEY, capable of directing design team and PHILLIP; TAYLOR, MICHAEL C. developing design concepts from engineering staff DFB310036961327.doc/032960012 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Designer - technician level directed by $80.00 BISHOP, GREG; BRANSTROM, senior designer of engineer NANCY Senior Engineer/Hydrogeologist - $110.00 PARRILLO, JASON; POWERS JOHN; Senior, licensed professional, with TRETTIN, DIANA; Y ALLAL Y, over 5 years of professional BRANDON expenence. Engin eer/Hydrogeologist(T echnical $85.00 DEBRINCA T, JASON; HOLMES, Specialist) - junior, degreed CHRIS; PETERS, CHRIS; REINA, professional. JENNY; SCHILLING, MARK Senior Professional $90.00 DA VIS, JAMES Surveyor/Mapper - professional to prepare scopes of work for subcontracting. Professional Surveyor/Mapper TBD TBD as needed Engineering/Survey Technician - $70.00 KLEIN, OLGA; SHAW, TAZMI; Junior technician capable of preparing SMITH, PETER design drawings or gathering field data. DFB310036961327.doc/032960012 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Senior Field Representative $122.00 FORD, LANETRA; FURDOCK, (Professional) - senior construction MICHAEL; RABIDEAU, JAMES; professional capable of directing KENYON, LEONARD significant construction projects. Survey Crew TBD TBD as needed GIS Specialist - technical professional $90.00 SOBOTA, PETER; ZHAO, HONGYING to develop, access, and modify GIS data bases. Graphics Specialist - professional $75.00 BRADLEY, MARK; BRESNEY, capable of developing electronic CAROL; PANZER, ANGELI; engineering and presentation graphics RABIDOUX, JAMES Senior Inspector - technical specialist $92.00 WILLIS, CURTIS capable of directing construction proj ects GPS Equipment N/A N/A Senior Administrative Support - $75.00 FRITCH, MOLLY; GUMM, senior administrative staff capable of DOROTHY; WILLOUGHBY, YVONNE providing document control during construction proj ects, proj ect accounting, and assisting with subcontract preparation DFB31 0036961327 .doc/0329600 12 3 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Administrative Support - general $54.00 OLIVER, WILLIAM; PACE, office staff, photocopying, mail, etc. ROBERTA; WALLACE, ANNE Paraprofessional - unlicensed staff $80.00 BOND, RYAN; MOORE, MICHAEL; who provide professional service in SPURLIN, GABRIELLE; WIDGREN, accounting, contract review, and VALERIE contract review. Aerial Photogrammetry TBD TBD as needed Computer System Analysis - $100.00 CRISCUOLO, BOB professional staff with unique skills capable of providing assistance on computer networks, web site, and software applications Rate Study - licensed, degreed $155.00 GREEN, DAVID professional capable of providing demand projections, rate study analysis, and rate justification Financial Services - licensed, degreed $155.00 GREEN, DAVID professional capable of providing support with bond analysis and financial reporting DFB310036961327doc/032960012 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Instrumentation and Control TBD TBD as needed Services Human Resource Services TBD TBD as needed Data Acquisition and Control TBD TBD as needed Services Direct Costs - Mark-up % 0% Office, reproduction, mailing, etc. Direct Costs - Mark-up % sub- 10% consultants SENIOR CONSULTANT -licensed, 175.00 LA VINDER, STEVEN; BENGOCHEA, degreed professional with at least JOSE IGNACIO; BERGMAN, 15 years consulting experience. ROBERT;PONTEK,ROBERT Brings unique understanding and technical experiences - provides technical leadership for specific proj ects SENIOR PRINCIPAL DIRECTOR $210.00 BEAUDET, BEVIN; BAILEY, BOB Officer of the firm that will not be accessed with out direct request from City. These individuals bring unique experiences and perspectives to critical client-level issues. DFB310036961327.doc/032960012 PRODUCER MARSH USA, INC. 1225 17TH STREET, SUITE 2100 DENVER, CO 80202-5534 CERTIFICATE NUMBER SEA-Q00713676-02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE 5114 -00124-ALL- DFB 713676 COMPANY A ZURICH AMERICAN INSURANCE COMPANY INSURED CH2M HILL, INC. 12377 MERIT DRIVE, SUITE 1000 DALLAS, TX 75251 COMPANY B COMPANY C COMPANY D 11-I1S IS TO CERTIFY 11-IAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO 11-IE INSURED NAMED HEREIN FOR 11-IE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 011-lER DOCUMENT WITH RESPECT TO WHICH 11-IE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. 11-IE INSURANCE AFFORDED BY 11-IE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL 11-IE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/VY) DATE (MM/DDIYY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A COMMERCIAL GENERAL LIABILfTY GL08378563-08 05/01/03 05/01/04 PRODUCTS - COM PlOP AGG $ 5,000,000 CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY $ 500,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 500,000 X $ 500,000 $ A AUTOMOBILE LIABILITY $ 2,000,000 COMBINED SINGLE LIMIT X ANY AUTO BAP8378516-08 (AOS) 05/01/03 05/01/04 ALL OWNED AUTOS TAP8378560-08 (TX) 05/01/03 05/01/04 BODILY INJURY $ SCHEDULED AUTOS BAP8378561-Q8 (\IA) 05/01/03 05/01/04 (Per person) HIRED AUTOS MA8378562-Q8 (MA) 05/01/03 05/01/04 BODILY INJURY (Per accident) $ NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO 011-lER 11-IAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE 011-lER 11-IAN UMBRELLA FORM WORKERS COMPENSATION AND X EMPLOYERS' LIABILITY A WC8378566-Q9 05/01/03 05/01/04 A 11-IE PROPRIETORI X INCL WC8378565-Q8 05/01/03 05/01/04 EL DISEASE-POLICY L1M IT PARlNERSIEXECUTlVE EL DISEASE-EACH EMPLOYEE $ OFFICERS ARE: EXCL H DESCRIPTION OF OPERA TlONS/LOCA TlONSNEHICLESlSPECIAL ITEMS RE: CITY OF BOYNTON BEACH GENERAL CONSULTING; PM: RICK OLSON. CITY OF BOYNTON BEACH IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE AUTOMOBILE LIABILITY AND AS PER THE BLANKET ENDORSEMENT TO THE GENERAL LIABILITY POLICY. CITY OF BOYNTON BEACH ATTN: UTILITIES DEPARTMENT 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL --30. DAYS WRITTEN NOncE TO THE CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Dorothy A. Stevens CERTIFICATE NUMBER SEA-000713677 -02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE PRODUCER MARSH USA, INC. 1225 17TH STREET, SUITE 2100 DENVER, CO 80202-5534 5114 -00005-ALL 1-2000 DFB 713677 COMPANY A ZURICH AMERICAN INSURANCE COMPANY INSURED CH2M HILL, INC. 12377 MERIT DRIVE, SUITE 1000 DALLAS, TX 75251 COMPANY B COMPANY C COMPANY D llilS IS TO CERTIFY lliAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO lliE INSURED NAMED HEREIN FOR lliE POLICY PERIOD INDICAlED. NOTWITHSTANDING ANY REQUIREMENT. lERM OR CONDITION OF ANY CONlRACT OR OlliER DOCUMENT WITH RESPECT TO WHICH lliE CERTlFICAlE MAY BE ISSUED OR MAY PERTAIN. lliE INSURANCE AFFORDED BY lliE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL lliE lERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGAlE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DDIYY) DATE (MMIDDIYY) GENERAL LIABILITY GENERAl AGGREGAlE $ COMMERCIAL GENERAL LIABILITY PROOUClS - COM PlOP AGG $ CLAIMS MADE D OCCUR PERSONAL & ADV INJURY $ OWNER'S & CONlRACTOR'S PROT EACH OCCURRENCE $ $ $ AUTOMOBILE LIABILITY $ COMBINED SINGLE LIMIT ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OlliER lliAN AUTO ONLY: EACH ACCIDENT AGGREGAlE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGAlE OlliER lliAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY lliE PROPRIETOR! INCL EL DISEASE-POLICY LIMIT PARTNERS~ECUTlVE EL DISEASE-EACH EMPLOYEE $ OFFICERS ARE: EXCL A PROFESSIONAL LIABILITY" EOC3829621-01 05/01/03 05/01/04 $1,000,000 EACH CLAIM AND TOTAL FOR ALL CLAIMS DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS RE: CITY OF BOYNTON BEACH GENERAL CONSULTING; PM: RICK OLSON. "FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. CITY OF BOYNTON BEACH ATTN: UTILITIES DEPARTMENT 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 SHOULD ANY DF lHE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE lHE EXPIRAllON DATE lHEREOF. lHE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL --30. DAYS WRrITEN NOTICE TO lHE CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON lHE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR lHE ISSUER OF lHlS CERTIFICATE. CH2M HILL Hillsboro Executive Center North . CH2MHILL ~. 800 Fairway Drive Suite 350 Deerfield Beach, FL 33441-1831 Tel 954.426.4008 Fax 954.698.6010 December 9, 2003 Barbara Conboy Manager, Utilities Administration 124 East Woolbright Road Boynton Beach, FL 33435 Subject: Contract for General Consulting and Engineering Services Dear Barb: Attached please find the executed agreement between the City of Boynton Beach and CH2M HILL for General Consulting and Engineering Services. At your request, we have also attached insurance certificates for our insurance coverages naming the City of Boynton Beach as a certificate holder. Please call me if I can offer any additional information. We are looking forward to continuing our relationship with the City under this agreement. Respectfully, CH2M HILL a~ Rick Olson, P.E. Client Service Manager DFB310036961428.docj033430018 c: Grethe McLaughlin Bryan McDonald The City of Boynton Beach ~ Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX (561)742-6298 '''''y J ,: 0 or: P .r-~ \,." J.I .,... I ~'ITv ('1-": I,~j.. O.N BEACf' , I I v; .. l) ., ' f' ."- r-, J I ~-L."~:\.; UrFIC::- "- OJ DEe I S PM 3: 36 OFFICE OF THE DIRECTOR OF UTILITIES LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 12, 2003 RE: 2- Y ear Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C ' D N D optes ate o. escnptIon 1 Original Agreement - Metcalf & Eddy 1 Proof of Insurance REMARKS: Please file accordingly. CC: Procurement Services Karen Riseley SIGNED: Rail ~ /J /,) {)3 11 [) 3--(r~ AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Metcalf & Eddy. 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on f'JD Ii, /<1 , 2003, accepted the City Administration's recommendation and designated Consultant as one of six (6) qualified consulting firms for Scope A, one of 15 qualified consulting firms for Scope C, and one of nine (9) qualified consulting firms for Scope D 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 consulting and 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. CA-l 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of six (6) consulting firms for Scope A, one of 15 consulting firms for Scope C, and one of nine (9) consulting firms for Scope D 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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. CA-2 c. 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. 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-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. 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 ofa 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,.ifthe City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) written days notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: Metcalf & Eddy, Inc. 3740 Executive Way Miramar, FL 33025 Attention: Mark S. Blanchard. Vice President 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. CA-5 DATED this ~ day of NoveM be( CITY OF BOYNTON BEACH ~ Kurt Bressner, City Manager Attest! Authenticated: m. Rev. 04/08/03 ,20~. METCALF & EDDY. INC. Consultant ~. Title Mark S. Blanc (Corporate Seal) Attest! Authenticated: CA-6 Assistant Secretary Richard D. Hovard EXHIBIT A SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT · Low Pressure Membrane Softening · Low Pressure Reverse Osmosis · Nanofiltration · Anionic Exchange . Lime Softening · Other Related Services SCOPE C: INFRASTRUCTURE IMPROVEMENTS · Water Main Replacement . Interconnections · Sanitary Sewer Line, Repair, Rehabilitation, Replacement · Inflow & Infiltration Studies/Repair · Wastewater Pump Station Rehabilitation/Expansion & Analysis · Pump Sizing/Expansion/Improvements · Stormwater Management · Swale and Drainage Development!Improvements . Outfalls · Roadway and Transportation · Neighborhood Improvements . Lighting . Sidewalks · Park Amenities · Other Related services EXHIBIT A SCOPE D: ANCILLARY STUDIES and SERVICES · Rate Analysis · Accounting Procedures · Revenue Bonds · Risk Management · Employee Training · Performance Measurement & Organizational Management · NPDES Permitting · Vulnerability Assessments · Master Plan Updates · Clean Air Act Compliance · Consumer Confidence Report · Consumer Satisfaction Survey · Wastewater Capacity Analysis · Hydraulic Analysis · Power Analysis · Geographic Information Systems · Aerial Photogrammetry & Photography · Process Controls & Instrumentation · Data Acquisition and Control Services (DACS) · Supervisory Control & Data Acquisition (SCADA) · Other Related Services EXHIBIT B PLEASE PROVIDE A BRIEF DESCIPTION FOR EACH CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Project Director (principal) $175 Alejandro Toro Byong Shin Larry VandeVenter Stephen Bishop Nicholas Cooper Client Service Manager $175 Mark Blanchard Senior Project Manager $156 Jules Ameno, Jr. James Penkosky Richard Ulkus Alan Kapalka Ronald Fiore Gary Miller David Rittmeyer Project Engineer $113 Robert Velasco Robert Race Vincent Kurek Audrey Casavant Scientist $71 Joseph Polansky Senior Designer $91 Amy Walker Mark Frank Designer $71 Mark Montantes Senior Engineer/Hydrogeologist $89 Nicolette Lundie Matthew Holbrook Engineer/H ydrogeologist $78 Everette Lopez (Technical Specialist) Adam Moore Sheldon Barnes Senior Professional n/a n/a SurveyorlMapper Professional SurveyorlMapper n/a n/a Engineering/Survey Technician n/a n/a Senior Field Representative $116 Richard Kaminska George Papaioannou Joseph Richard Survey Crew n/a n/a GIS Specialist $112 Lindle Wilnow EXHIBIT B Graphics Specialist $78 Jack Draisey Senior Inspector $75 Richard Longhenry Patrick Hull Douglas Evans GPS Equipment $85 Peter LaForge Peter Verbanac Senior Administrative Support $71 Diane Centimole Annette Duncan Administrative Support $45 Linda Paulison Luisa Alvarado Paula Austin Vicky White Angela Smith Jacqueline Pottinger Paraprofessional n/a n/a Aerial Photogrammetry n/a n/a Computer System Analysis n/a n/a Rate Study n/a n/a Financial Services n/a n/a Instrumentation and Control $113 Vernon E. Ware Services Frank O'Hara Human Resource Services n/a n/a Data Acquisition and Control n/a n/a Services Direct Costs - Mark-up % 10% As required Office, reproduction, mailing, etc. Direct Costs - Mark-up % sub- 10% Hiller Electrical Engineering consultants Spillis Candela DMJM Civil Works, Inc. Planning and Economics Group n/a=not applicable (employee may have been identified elsewhere or work will be subcontracted) revised 10-16-03 MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER LOS-000315724-02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk & Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 777 South Figueroa Street POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE CA license #0437153 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Los Angeles, CA 90017 COMPANIES AFFORDING COVERAGE J Altn: Roxann Byrne (213) 346-5588 COMPANY ;0 -AECOM-CAS-2003 M&E MIRAM FL A ACE American Insurance Company INSURED COMPANY METCALF & EDDY, INC. B 3740 EXECUTIVE WAY MIRAMAR, FL 33025 COMPANY C Illinois Union Insurance Company COMPANY D N/A COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDDiYY) DATE (MMIDDIYY) A GENERAL LIABILITY HDO G20589905 04/01/03 04/01104 GENERAL AGGREGATE $ 1,000,000 - X COMMERCIAL GENERAL LIABILITY PRODUCTS-COM~OPAGG $ 1,000,000 - tJ CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY $ 1,000,000 f--- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 f--- FIRE DAMAGE (Anyone fire) $ 1,000,000 MED EXP (Anyone person) $ A AUTOMOBILE LIABILITY ISA H07849631 04/01/03 04/01/04 $ 1,000,000 - COMBINED SINGLE LIMIT X ANY AUTO - - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - C HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) '-- PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ - - ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ - AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ ==1 UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND I T~~$'[fJNs I IOJ~ EMPLOYERS' LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR! R'NCL EL DISEASE-POLICY LIMIT $ PARTNERSlEXECUTIVE EL DISEASE-EACH EMPLOYEE $ OFFICERS ARE: EXCL C UIHER EON G21654693 001 04/01/03 04/01/04 $1,000,000 ARCHITECTS & ENG. '~CLAIMS MADE" .. PER CLAIM/AGGREGATE PROFESSIONAL L1AB. DEFENSE INCLUDED DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: GENERAL ENGINEERING SERVICES. THE CITY OF BOYNTON BEACH IS NAMED AS AN ADDITIONAL INSURED FOR GL & AL COVERAGES, BUT ONLY AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -3..0 DAYS WRITTEN NOnCE TO THE BOYNTON BEACH, CITY OF CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAli. SUCH NonCE SHALL IMPOSE NO OBLIGATION OR UTILITY DEPT. 100 E. BOYNTON BEACH BOULEVARD LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE BOYNTON BEACH, FL 33435 ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: John F Wesley ~ MM1(3/02) VALID AS OF: 04/01f03 Af..~ Metcalf & Eddy 301 Clematis Street, Suite 200 West Palm Beach, FL 33401 December 10, 2003 Tel: 561-833-8340 Fax: 561-833-8519 www.m-e.com Ms. Barbara Conboy, Manager Utilities Administration City of Boynton Beach 124 East Woolbright Road Boynton Beach, Fl 33435 Re: Original Consultant Agreement Two-Year General Consulting and Engineering Contract Dear Ms. Conboy: As requested, please find the enclosed original Consultant Agreement fully executed by Metcalf & Eddy with our insurance certificate. We look forward in working with the City of Boynton Beach under this agreement. Please contact me with any questions or comments at 954-450-5187. Sincerely, METCALF & EDDY, INC. ~c~ Vice President Enclosure: Original Consultant Agreement P:\ Engineering\ BoyntonBeach \ Boynton 2004\ bc031210.doc AN A E COM COMPANY The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach. Florida 33435 Phone (561) 742-6451 FAX: (561)742-6298 , '( I OF ''('---" - 1-'" .. , U,lJ B- I j 1\'''' - r-. '. 11 r ,AI r'H I I t' "r- 0 - ~ '.JI'j,.... I, \.... rr-f .,,_ .. , I~c. r" Dr""" I" '... . tl" \) ,~{!.f I," '" , l". I . lJ J LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 15,2003 RE: 2 Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: COPIes Date No. DescnptlOn 1 Original Agreement - LBFH, Inc. 1 Proof of Insurance REMARKS: CC: Procurement Services Karen Riseley SIGNED: IJ.-J./l aOa a /5-03 If (j 3-1 g';Z AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and LBFH. 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Well field Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on NDd, 11 , 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C 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 consulting and 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. CA-I 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-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. 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 of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: 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. CA-5 DATED this if?> day of Heu em bet' ,20~. CITY OF BOYNTON BEACH ~ Kurt Bressner, City Manager ~Q~ Consultant Attest! Authenticated: o C-G" Prest de/! f Title (Corporate Seal) Attest! Authenticated: o 5~~ Secretary Rev. 04/08/03 CA-6 EXHffiIT A SCOPE C: INFRASTRUCTURE IMPROVEMENTS . Water Main Replacement . Interconnections · Sanitary Sewer Line, Repair, Rehabilitation, Replacement · Inflow & Infiltration Studies/Repair · Wastewater Pump Station RehabilitationJExpansion & Analysis · Pump SizinglExpansion/Improvements · Stormwater Management · Swale and Drainage Development!Improvements . Outfalls . Roadway and Transportation · Neighborhood Improvements . Lighting . Sidewalks . Park Amenities · Other Related services EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Project Director (Principal) $150 Scott A. Eckler, P.E. The Principal will oversee the consulting services provided by this Team to the City of Boynton Beach. The Principal will monitor the progress of the Team and that the Team is meeting or exceeding the City's expectations. Client Service Manager $130 David McNabb, P.G. The Client Service Manager is the main contact between the City and the Project Team. The CSM for the City is ultimately responsible for the quality, schedule, and budgets of all of the projects and the satisfaction of the City. It is also the duty of the CSM to understand the needs of the City and to ensure that the proper Team members and resources are available. Having this common "threadn lends continuity and consistency to the delivery bv the Team. Senior Project Manager $120 Lawrence Lardieri, P.E. The Senior Project Manager will focus on the Lennart J. Lindahl, P.E. project approach, project needs, and the Jeff Renault, P.E. direction of the team. The licensed, technical oversight for the task. Project Engineer PLEASE SEE PAGE 6 FOR CLASSIFICA nON OF ENGINEER 1- VI Scientist N/A N/A N/A Senior Designer $80 Judy Dye The Senior Designer will oversee conventional aspects of the subject matter of the functional area of the assignments. This person does not have a professional registration,yet works with an engineer Designer N/A N/A N/A Senior Engineer/Hydrogeologist N/A N/A N/A Engineer/Hydrogeologist(T echnical Specialist) $75 TBD Responsible for hvdrogeologv related services. Senior Professional Surveyor/Mapper 3 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified $90 Leland Burton, P.S.M. Directs and coordinates planning and development of assignments. Liaison between Team and client. Professional Surveyor/Mapper $75 Clinton Knobloch, P.S.M. A registered professional who plans and Brian Kiernan, P.S.M. conducts work requiring judgment in the independent evaluation, selection and substantial adaptation and modifications of standard techniques, procedures and criteria. Engineering/Survey Technician $70 Nan Burton Using prescribed methods, performs specific Gus Garcia and limited portions of the broader assignment Deb Pulliam of an experienced engineer or surveyor. Alex Trovato Applies standards practices and techniques in specific situations, adjusts and correlates data, recognizes discrepancies in results and follows operations through a series of related detailed steps or processes. Senior Field Representative (professional) $85 John Eason, P.E. Professional Engineer that visits construction site to monitor progress and conformance to engineering plans, specifications and construction standards. Survey Crew $100 TBD Surveying earth's surfaces to determine precise location and measurements of points, elevations, lines, areas, and contours for construction, mapmaking, land division, titles or other purposes. GIS Specialist $80 David Coleman This position is responsible for developing $70 Henry Moligevich ESRI GIS applications. Contributes to application and geo-database design. Responsible for application development or developing components required for GIS modules. Develops custom GIS interfaces to external database and application systems, packages and deploys applications. Tracks bugs and troubleshoots deployments. Graphics Specialist 4 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified N/A N/A N/A Senior Inspector $70 Dennis Peterson Inspects assigned phases of construction work Lynn Tedders as assigned. Ensures conformance with specifications. Checks method of construction where specific methods are stated and requires action to correct any variance in methods employed. GPS Equipment $35 Survey Crew Senior Administrative Support $55 Debbie Adachowski Provide professional secretarial seNices. Administrative Support $45 Donna Bollen Provide professional secretarial services. Debbie Williams Paraprofessional N/A N/A N/A Aerial Photogrammetry N/A N/A N/A Computer System Analysis N/A N/A N/A Rate Study N/A N/A N/A Financial Services N/A N/A N/A Instrumentation and Control N/A N/A Services N/A Human Resource Services N/A N/A N/A Data Acquisition and Control N/A N/A Service N/A Direct Costs - Mark-up % 10% Office, reproduction, mailing, etc. Direct Costs - Mark-up % sub- 10% consultants 5 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified ENGINEER VI $100 Karen Brandon, P.E. Has full responsibility for interpreting, Thomas McGowan, P.E. organizing, executing and coordinating David Xavier, P.E. assignments. Requires professional Brian Fields, P.E. experience. ENGINEER V $95 Shondra Neumeister, P.E. Applies intensive and diversified knowledge of Thomas Mueller, P.E. engineering principles and practices in broad John Rich, P.E. areas of assignment and related fields. Eduardo Balbis, P.E. Requires professional experience. ENGINEER IV $85 John Eason, P.E. A fully competent engineer in all conventional David Scott, P.E. aspects of the subject matter of the functional Suzanne Lansford, P.E. area of the assignments, plans and conducts work requiring judgment in the independent evaluation, selection and substantial adaptation and modifications of engineering practices. Requires professional experience. ENGINEER III $80 Christine Miranda, E.I. Independently evaluates, selects and applies Eva Velez-Markle, E.I. standard engineering techniques, procedures, Melanie Straub, E.I. and criteria, using judgment in making minor adaptations and modifications. 6 DEC-11-2003 09:23 TEQUESTA AGENCY CORD CERTIFICAII:;. ur L1,,,u:m...I' I ...__. - .-.... P.01/02 TIl DUG~R (561) 746-4546 FAX (561)746" 959. lHlS CERTIFICATE " ISSueD AS A IIIATTER OF INFORMATlQN .. ONLY AND CONFERS NO RIGHTS UpON THE CERTIFICATE . uesta Agency. Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 218 S. US Hi ghw.. One. Ste 100 AI- TER lHE cOVERAGe AFFOROED BY THE pQUCIE. BELOW. Tequesta, Fl 33469 t-tolly Laurie INSuRED LBfH INC. " INK ENGINEERING, A DIV Of LBFH INC 3550 Corporate Parkway Palm City, Fl 34990 INSURERS AFFORDING COVERAGE THE POUCIES 01' INSURANCE I.ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED. NOlWlTHST ANDING ANY REQUIREMENT. TERM OR CONornON OF ANY CONTRACT OR OTHER DOCUMENT WITH tlESPECT TO WHICH THIS CERTIFICATE MAY BE ISSueD OR MAY PERTAIN. THE INSURANCE AFFORDED BY Tl-IE POLICIES Di:SCRI8ED HEREIN IS SUaJECT TO A\.L THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATe LIMITS SHOWN MAY HAVE BEEN Recuceo BY PAID CLAIMS, :I~ n'PE OF INSUltANCe poLICY NUMBER -~,,;r.::.;g~ I PQLJ!;:J EXPIRA N UllITS OA ~llRAL LJAlllUTY e-134267379 12/29/2002 12/29/2003 eACH OCCURRENCE S 1.000.000 X COMMERCIAl. GENEAAL UA9lL1T'f FIRE DAMAGE IAn~ olll! lira) $ 50,000 I CLAIMS MAce m OCCUR MEO EX!' l"'"~ one pe~"} s 5,000 A PERSONAL & ADV INJURY S 1,000,000 I-- GENeRAL AGGREGATE S 2.000 :000 nAGGREn;~r~;r~ PRoDUCTS - COMPIOP AGO S 2.000.000 I"OLlCY JECT X LOC ~t.1()BIU LJABlLITY (173733191 12/29/2002 12/29/2003 COM91NED SINGU: LIMIT ..!.. ANY AUTO (Ea saddenl) $ 1.000,000 - "I.L OWNED AuTOS BODII. Y INJURY S B SCHEDULED AUTOS (per per$OIl) - - HIREO AuTOS BODILY INJURY NON.QWNED AUTOS (Per accillanl) S - I-- PROf'lORTY OI\MAGE S (per ac;cidenl) ;=r'~ AUTO ONLY - !:A ACCIDENT S /lJoNAuTO oTHER. THAN EA ACC S AU1'O ONLY: AGG $ EXCE$$ UABILITY 8107373318.8 12/29/2002 12/29/2003 EACH OCCURRENCE S 3.000,00-0 ~OCCUf\ D ClAIMS MADE AGGREGA Tf. $ 3,OOO,ootl A $ ~ DEDUCTIBLE S X RETENTION S 10.00O s woR/<ERS COMPENSATION AN!) WCC173733207 12/29/2002 12/29/2003 X 1 TORY LIMrrS I IUE~- ~OYeRS' UASlUTY 100.000 C E.L. EACH ACCIDENT S S.L. DISEASE - EA EMPlOYEE S 100.000 e.l.. DISEASE - I"OLICY LIMIT S 500.()()(J Pi~SSIONAL 1 lABILITY ~EA004314076 08/20/2003 08/20/2004 $1,000,000 OCCURRENCE D $2.000,000 AGGREGATE DESCRIPTION OF OPERATIONSlLOCATlONSNet41CLESlEXCLUSlONS ADDED BOY ENOORSEMENTISF'ECIA1- PROVISIONS ~ENERAL LIABILITY: ADDITIONAL INSURED ENDORSEMENT G-1181S8-A 01/96 APPLIES AS RESPECTS THE CERTIFICATE I ~OLDER - COpy ATTACHED. CERTIFICATE HOLDER I I ADDlilONAL INSURED; INSURER LETTER: CANCE\..\..ATION SHOULD ANY OF THE AIlOVe D~SCRlBep POLICIES BE CANCELLED BEFORE: THE E)(PIRATlON DATE THEREOF. THE ISSUING cOMPANY WILL END~VOR iO MAIl. CITY OF BOyNTON BEACH --1Q...~ DAYS WRITTEN NOTICE TO iHE CERTIFICATE HOLDER NAMED TO THE LEFT, UTILITIES DEPARTMENT eUT FAILURE TO MAIL SUCtl NOTICE SHALL IMPOSE NO OBLIGATION OR \-IA81LITV ~l4 EAST WOOLBRIGHT ROAD Of ANY KINO UPON fHE COMPANY,ITS AGENTS OR REPRESENTATIVES. BOVNTON BEACH. Fl 33435 AUTHORIZED REPRESENTATIVE ~o.-.-t~ ACORD 25-S (7/97) Mark Kasten/HOLLY INSIJRER 0: INsuRER E: Transportation Insurance Co. American Casualty Company Transcontinental Insurance Co. Continental Casualty company INSURER A: INSURER B: INSURER C: COVERAGES @lACORD CORPORATION 198 b~bc CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS D 2222 Colonial Road, Suite 201 Fort Pierce, FL 34950 (561) 461-2450 Fax (561) 465-1225 D 421 NW. 3rd Street Okeechobee, FL 34972 (941) 763-8999 Fax (941) 763-6692 [gI 3550 S. W. Corporate Parkway Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 D 2090 Palm Beach Lakes Blvd. Suite 600 West Palm Beach, FL 33409 (561) 684-3375 Fax (561) 689-8531 Visit us on the web at www.lbfh.com Letter of Transmittal To: Barbara Conboy City of Boynton Beach 124 E. Woolbright Road Boynton Beach, Florida 33435 Date: 12-12-03 AFS#: 03-0399 RE: Signed Agreement for General Consulting and Engineering Services We are sending you: I:8J Attached 0 Under separate cover via _ the following items: o Shop Drawings D Prints D Plans D Samples I:8J Specifications D Copy of Letter D Change Order D Other mmC?~pi~~m 0 00 mm~~"~ 0 m oomm 0000000000000.000.00.0000 ommmmmmm 00 ooooooooo.o~escription 1 Signed Agreement These are transmitted as checked below: D For your approval. D For your use. X As requested. o For review and comment. o For bids due: D Approved as submitted. D Resubmit _ copies for approval. D Approved as noted. D Submit _ copies for distribution. D Returned for correction. D Return _ corrected prints. D Prints returned after loan to us. D Remarks: Barbara, Please see the attached signed agreement for general consulting and engineering services. Thanks, David McNabb Copy to: S;gned'\J j] ~ 1M File David McNabb, P.G. Partners For Results-Value By Design The City of Boynton Beach ct Utilities Department /24 E. Woolbright Road Boynton Beach, Florida 33435 Phone (56/) 742-645/ FAX: (56/)742-6298 LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 15, 2003 RE: 2 Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C D t N D t oples ae o. escnptlon 1 Original Agreement - Lawson, Noble & Webb, Inc. 1 Proof of Insurance REMARKS: Please file accordingly. .' '-.:-../ :or .'1 \ll i'/I""',,,...:/TON BEAer! , \.;. ::;,(/~ 1'11'.';-"" 'II . 'v . ',- iL!~'" C 3 DEe J 6 Alii 1: a / ~ CC: Procurement Services Karen Riseley SIGNED:_~(L~ f-J- /'503 ;{'o 3-/~~ AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Lawson. Noble & Webb. 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on NolJ. 1(' , 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C 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 consulting and 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. CA-I 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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 $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$I,OOO,OOO. 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON- 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. 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 of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: ~A~0/1JoIbLE ~/(JC 420 CtJIUMt?/tj thve -:7dl-f-e I fa UJed ~Im tZaci1) PI 234t;g ,Lt. -fA" Vf INTEGRA TED 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. CA-5 DA TED this ~ day of Novem be.r ,20~. CITY OF BOYNTON BEACH ~h Kurt Bressner, City Manager C{}j;-& ~ CUJ--e ftb- Con ant Attest! Authenticated: Via: I9-LS"jC~t Title (Corporate Seal) Attest! Authenticated: 7f!aJtetev ,~,~~ t'etary Rev. 04/08/03 CA-6 EXHIBIT A SCOPE C: INFRASTRUCTURE IMPROVEMENTS · Water Main Replacement · Interconnections · Sanitary Sewer Line, Repair, Rehabilitation, Replacement · Inflow & Infiltration Studies/Repair · Wastewater Pump Station RehabilitationlExpansion & Analysis · Pump SizinglExpansionlImprovements · Stormwater Management · Swale and Drainage Development!Improvements · Outfalls · Roadway and Transportation · Neighborhood Improvements · Lighting · Sidewalks · Park Amenities · Other Related services 2 I EXHIBIT B Classification Hourly Rate Employees Identified Project Director (Principal) $125 Robert W. Lawson, P.E. 31 Years Experience in Engineering Responsible for Quality Control Reviews. Client Service Manager N/A Senior Project Manager - 20 years $1 IO Henry W. Deibel Jr. P.E. experience as Professional Engineer in responsible charge for the oversight of planning, design and construction of projects and staff supervision. Responsibilities include client communications, proposal preparation, manpower budgeting and projections, project scheduling, project profitability and regular updates to client on project status. Project Engineer - 21 years experience $90 Steven Colbath P.E. as Professional Engineer responsible for Robert A. McSorley P.E. design, plan preparation, specifications and pennitting of water/wastewater and drainage improvement projects. Responsibilities also include oversight of field inspector activities and daily reports, pay request approvals, along with shop drawing reviews and approvals and final certification documents. Scientist N/A Senior Designer N/A PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICA nON WHERE AN HOURLY RATE IS ASSIGNED T:\Admin\LibbeY\The City of Boynton Beach Contract Rates. doc Page I of5 EXHIBIT B Designer - 11 Years experience in $65 Bonnie Fazio providing CADD support and preparation of construction drawings under the supervision of a professional engineer. Senior EngineerIHydrogeologist N/A Engineer/Hydrogeologist(T echnical N/A Specialist) Senior Professional SurveyorlMapper $110 Perry C. White, PSM - 24 Years experience as a Professional Surveyor. Responsible for the oversight of all major boundary, topographic and design surveys. Responsibilities also include quality assurance reviews, manpower projections and job-costing of all phases of survey operations. T:\Admin\Libbey\The City of Boynton Beach Contract Rates.doc Page 2 of5 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED Classification Professional SurveyorlMapper _ 27 $100 Wilbur Divine, PSM Years experience as a Professional Surveyor. Responsibilities include field crew personnel scheduling and coordination and daily review of field data collection. Engineering/Survey Technician - 18 $65 Bruce Johnson years experience perfonning under the Lynn Slaughter direction of a registered engineer and/or surveyor to assist in the preparation of base maps and construction plan documents and details. Senior Field Representative NIA (Professional) Survey Crew - Our party chiefhas over $95 (2 man) Anthony McLemore P.S.M.(Party 32 years experience in collection offield $115 (3 man) Chief) data for boundmy, topographic and Richard Darville (Instrument Person) design survey projects to support Lany Martinez (Rod Person) en~ineerin~ designs. GIS Specialist NIA Graphics Specialist N/A Senior Inspector - 28 years of $65 Dennis Horton experience on all activities related to David McKenzie project construction contract administration including shop drawing process, field observations, reports change orders and pay requests. Also responsible for the construction coordination process with emphasis on efficiency, Quality assurance and rapid T:\Admin\LibbeY\The City of Boynton Beach Contract Rates.doc Page 3 of5 EXHIBIT B coordination process with emphasis on efficiency, quality assurance and rapid project close-out. Also responsible for coordinating with govenunental agencies re uirin 'oint ins ection activities. GPS Equipment - Hourly price for $70 equipment only. Does not include personnel Senior Administrative Support N/ A Administrative Support - With 8 years $40 experience responsibilities include word processing and pennit preparation, applications, and fmal certifications. Maintains records of active project permit and certification status, together with keeping current with agency fees and ermit acka e re uirements. Jody Justice a, IAdminlMacketinglPmposa),1 WPB\200JIRFP,IAOJ Bnynton Engineering 6-17-031 The City of Boynton Beach Contract Rates.doc Page 4 of 5 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED Classification Aerial Photogrammetry N/A Computer System Analysis N/A Rate Study N/A Financial Services N/A Instrumentation and Control Services N/A I Human Resource Services N/A Data Acquisition and Control Services N/A Direct Costs - Mark-up % 10% Office, reproduction, mailing, etc. Direct Costs - Mark-up % sub- 10% Consultants T\Admin\LibbeY\The City of Boynton Beach Contract Rates.doc Page 5 of5 MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER SEA-000714557 -02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1225 17TH STREET, SUITE 2100 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL TER THE COVERAGE DENVER, CO 80202-5534 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Altn: STEVE WILSON 303-308-4569 COMPANIES AFFORDING COVERAGE COMPANY P3320 -01234-1M-LNW W.PAL A GREENWICH INSURANCE COMPANY INSURED COMPANY LAWSON, NOBLE & WEBB, INC. B XL SPECIALTY INSURANCE COMPANY ATTN: CHANDRA DOWNEY 630 PLAZA DRIVE, SUITE 200 COMPANY HIGHLANDS RANCH, CO 80129-2377 C COMPANY 0 COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 I--- A X COMMERCIAL GENERAL LIABILITY GEC001076101 08/16/03 01/01/04 PRODUCTS - COMP/oP AGG $ 2,000,000 I--- P CLAIMS MADE 0 OCCUR $ PERSONAL & ADV INJURY 1,000,000 r-- I--- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 I FIRE DAMAGE (Anyone fire) $ 1,000,000 MED EXP (Anyone person) $ 10,000 AUTOMOBILE LIABILITY $ 1,000,000 I-- COMBINED SINGLE LIMIT A X ANY AUTO AEC001075801 08/16/03 01/01/04 I-- A ALL OWNED AUTOS AEC001104701 (TX) 08/16/03 01/01/04 BODIL Y INJURY $ I-- (Per person) r--- SCHEDULED AUTOS HIRED AUTOS I BODILY INJ URY $ r-- (Per accident) NON-OWNED AUTOS r-- I-- PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ r-- I-- ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ r-- AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ R UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND I WC STATU- I IOJ_H- EMPLOYERS' LIABILITY X TORY LIMITS ER B WEC001076001 08/16/03 01/01/04 EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ JI=I INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 IOIHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS RE: CONSULTING AND GENERAL ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH, UTILITY DEPARTMENT; RFQ NO. 065-2821-03/CJD; SCOPE C: INFRASTRUCTURE IMPROVEMENTS; DESIGN SERVICES, PERMITTING, BIDDING SERVICES, CONSTRUCTION ADMINISTRATION, AND ALL MISCELLANEOUS SERVICES FOR THE AREAS OF STROMWATER, PUBLIC DRINKING WATER, WASTEWATER COLLECTION AND TRANSMISSION. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POliCIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ...-30. DAYS WRIITEN NOTICE TO THE THE CITY OF BOYNTON BEACH CERTIFICATE HOlDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBliGATION OR (UTILITIES DEPARTMENT) 124 EAST WOOLBRIGHT ROAD LL'lBILlTY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE BOYNTON BEACH, FL 33435 ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Dorothy A. Stevens ~4. ~ '.... MM1(3/02) VALID AS OF: 12/11/03 ADDITIONAL INFORMATION MARSH USA INC. 1225 17TH STREET, SUITE 2100 DENVER, CO 80202-5534 Attn: STEVE WILSON 303-308-4569 DATE (MM/DD/YY) SEA-D00714557-02 12/11/03 COMPANIES AFFORDING COVERAGE PRODUCER COMPANY E 33320 -01234-1M-LNW W.PAL COMPANY F INSURED LAWSON, NOBLE & WEBB, INC. ATTN: CHANDRA DOWNEY 630 PlAZA DRIVE, SUITE 200 HIGHLANDS RANCH, CO 80129-2377 COMPANY G COMPANY H TEXT CONTINUED FROM DESCRIPTION SECTION: CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE GENERAL AND AUTOMOBILE LIABILITY AS PER BLANKET ENDORSEMENTS ON POLICIES. CERTIFICATE HOLDER THE CITY OF BOYNTON BEACH (UTILITIES DEPARTMENT) 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 Page MARSH USA INC. BY Dorothy A. Stevens ~ 4. M- ..... Marsh USA Inc. 12/11/03 8:56: PAGE 1/3 RightFAX Facsimile Transmit1a1 Sheet MARSH An MIll: Comp;lny Jfrom: Lisa Rudduck To: 1HE CITY OF BOYNmN BEACH Phone: Fax: 561-742-6298 Date: ll-Dec-03 Attention: Time: 08:56 AM Company: Message: The InformatIon contl11ned In thIS facSImIle message IS confidentzal, may be prIVIleged, and IS Intended for the use of the IndzVIdual or enhty named above. If you, the reader ofthts message, are not the Intended rectpient, the agen~ or employee responsIble for delivenng thIS Informahon to the Intended reczpzen~ you are expressly prohIbIted from copyIng, dISSemInatIng, dIstnbutlng, or In any other way USIng any o{the InformatIon contaIned In thIS facSImIle message. Marsh USA Inc. 12/11/03 8:56: PAGE 2/3 RightFAX 20 -oOOOS-LNW1M_ CERTIFICATE NUMBER SEA-000714563-o2 TIllS CERTFICATE IS ISSUED AS A MAmR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TIlE CERTIFICATE HQ.DER OTIIER THAN TIIOSE PROVIDED IN TIlE POLICY. TIllS CERTFICATE DOES NOT AMEND, EXTEND OR ALTER TIlE COVERAGE AFFORDED BY TIlE POLICE S DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE Ca.\PNlY PRODUCER MARSH USA INC. 122517TH STREET, SUITE 2100 DENVER, CO 80202-5534 Attn: STEVE 'MLSON 303-308-4569 W.PAL A INDIAN HARBOR INSURANCE COMPANY INSURED LA\NSON, NOBLE & 'M::BB, INC. A TIN: CHANDRA DOWNEY 630 PLAZA DRIVE, SUITE 200 HIGHLANDS RANCH, CO 80129-2377 Ca.\PNlY B Ca.\PNlY C Ca.\PNlY o THIS IS TO CERTIFY THAT PQIOES OF INaJRANCE DESCRIBBJ HER8N HA~ BEEN ISSlJBJ TO THE INSJRED NN.lED HEREIN FOR THE PQICY PERIOD INDICATED NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITlO< OF ANY CONTRACT OR OTHER DOQJMENT 'IIHH RES"ECT TO 'M-IIQ; THE CERTIFICATE MAY BE ISSlJED OR MAY PERTAIN, THE INaJRANCE AFFORDED BY THE POUOES DESCRIBBJ HER8N ISaJBJECT TO IU THE TERMS, CONDrnONS AND EXo.USONS OF aJQ; POLlOES AGGREGATE LIMITS s-iOl/,!ll MAY HA~ BEEN RBJUCED BY PAID o.AlMS CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE PQ.ICY EXPIRATION DATE (MMIDDIYY) DATE (MMIDDIYY) L1M ITS GE NERAL UABILllY COMMEROIL GENERAL LIABILITY O.AlMSMNJE D OCOJR CMNER'S & CO<TRACTOR'S PROT PFRSJNAI & IIrlVINJURY $ PRODUCTS-Ca.\p/OP AGG $ $ $ $ $ $ GENERAL AGGREGATE EAQ; OCOJRRENCE AUTOMOBLE LIABIUlY FIRE DAMAGE (My one nre) MBJ EXP (My O'le p..."",,) NlY AUTO ILL CMNED AUTOS SCHEDULED AUTOS HIRED AUTOS NO<-Cl\I\/NFD AUTOS CCI'vIBINED SNGLE LIMIT BOrJII Y INJ.1RY (P", pason) $ BODIL Y I N..lJRY (P"'acddent) $ GARAGE LlABlLllY PROPERTY DJlMAGE $ THE PROPRIETORI PARTNERSEJ<EOJl1~ OFFICERS ARE CLAIMS-MADE A PROFESSIONAL L1ABILlIY AND CONTRACTORS POLLUTION L1ABILlIY DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPEClALITEMS RE: CONSULTING AND GENERAL ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH, UTILITY DEPARTMENT; RFQ NO. 065-2821-o3ICJD; SCOPE C: INFRASTRUCTURE IMPROVEMENTS; DESIGN SERVICES, PERMITTING, BIDDING SERVICES, CONSTRUCTION ADMINISTRATION, AND ALL MISCELLANEOUS SERVICES FOR THE AREAS OF STROMWATER, PUBLIC DRINKING WATER, WASTEWATER COLLECTION AND TRANSMISSION. INo. .....lTO ONI Y - FA ACaDENT OTHER THAN AUTO ONLY EACH ACODENT A(',GREGATE EACH OCOJRRENCE AGGREGATE NlY AUTO EXCESS LlABlLllY UMEfiELL A FORM OTHER THAN UMBRELLA FORM EMPLOYERS'LIABILITY EXo. EL DIS"'AS:'-PQICY LIMIT EL DIS"'AS:'-EACH EMPLOYEE $ PECOOO8763-02 08/16103 01/01/04 PER OCCURRENCE $1,000,000 THE CITY OF BOYNTON BEACH (UTILITIES DEPARTMEN1) 124 EAST \iVOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 SHOU.D AHr OF TI'E POllOES DESCRIBED HEREIN BE CANCalED BEFORE TI'E EXPIRATION DATE' TlERECF. TIE INSUlER AFFORDING COIIERA~ 1Mll EI>llEAIIOR TO ....,L --3ll DAYS WllITTE'N NOTICE TO TI'E CERTIFICA.TE HO...DER Nll.M:D f-ERE1N, em- FAIU..RE TO tM.1L SJCH NOTiCE SiAlllf.FOS: NO OBlI~T!a.1 CR UABllITY OF ANY /(11l[) UPONTI-E IN.SJiER AFFORDING CCWERAGE, ITS AGENTS OR REF'RESENrATI\leS OR THE ._~'-.'._._..~_..W_..w_..w__., 2/11 /03 Marsh USA Inc. 12/11/03 8:56: PAGE 3/3 RightFAX PROI'''--R MARSH USA INC. 122517TH STREET, SUITE 2100 DENVER, CO 80202-5534 Attn: STEVE WILSON 303-308-4569 COItlP/>NY DATE (MMIDDfYY) ...;~I!YQ:3.... COMPANIES AFFORDING COVERAGE E 33320 -OOOO5-lNW1M. WPAL COMPANY F INaJRED LAWSON, NOBLE & WEBB, INC. ATTN: CHANDRA DO\IIJNEY 630 PLAZA DRIVE, SUITE 200 HIGHLANDS RANCH, CO 80129-2377 COItlP/>NY G COVIP/>NY H CONTINUED FROM DESCRIPTION SECTION: FOR PROFESSIONAlllABllIlY COVERAGE, TIiE AGGREGATE LIMIT IS TIiE TOT AllNSURANCE AVAILABLE FOR CLAIMS PRESENTED ""TIiIN TIiE POLICY PERIOD FOR All OPERA TlONS OF TIiE INSURED. TIiE lIMITWlll BE REDUCED BY PAYM ENTS OF INDEM NllY AND EXPENSE THE CIIY OF BOYNTON BEACH (UTILITIES DEPARTMENT) 124 EAST II\OOLBRIGHT ROAD BOYNTON BEACH, FL 33435 MARSH USA INC. BY Dorothy A. Stevens ~" 4. ..(t<J ''10M . .....--.--..-..-..-.. MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER SEA-000714557 -02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1225 17TH STREET, SUITE 2100 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE DENVER, CO 80202-5534 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn: STEVE WILSON 303-308-4569 COMPANIES AFFORDING COVERAGE COMPANY 3320 -01234-1M-LNW W.PAL A GREENWICH INSURANCE COMPANY INSURED COMPANY LAWSON, NOBLE & WEBB, INC. B XL SPECIALTY INSURANCE COMPANY ATTN: CHANDRA DOWNEY 630 PLAZA DRIVE, SUITE 200 COMPANY HIGHLANDS RANCH, CO 80129-2377 C COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 - A X COMMERCIAL GENERAL LIABILITY GEC001076101 08/16/03 01/01/04 PRODUCTS - COMP/OP AGG $ 2,000,000 - :=J CLAIMS MADE [8] OCCUR PERSONAL & ADV INJURY $ 1,000,000 - $ 1,000,000 - OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE FIRE DAMAGE (Anyone fire) $ 1,000,000 MED EXP (Anyone person) $ 10,000 AUTOMOBILE LIABILITY $ 1,000,000 - COMBINED SINGLE LIMIT A X ANY AUTO AEC001075801 08/16/03 01/01/04 - A ALL OWNED AUTOS AEC001104701 (TX) 08/16/03 01/01/04 BODILY INJURY $ - (Per person) - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY $ (Per accident) - NON-OWNED AUTOS - PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ - - ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ - AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ ~ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND I "YS;.S!f'TU- I 10 H- EMPLOYERS' LIABILITY X TORY LIMITS ER B WEC001076001 08/16/03 01/01/04 EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ ~INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE $ OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE 1,000,000 OTHER DESCRIPTION OF OPERATlONS/LOCATIONSIVEHICLES/SPECIAL ITEMS RE: CONSULTING AND GENERAL ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH, UTILITY DEPARTMENT; RFQ NO. 065-2821-03/CJD; SCOPE C: INFRASTRUCTURE IMPROVEMENTS; DESIGN SERVICES, PERMITTING, BIDDING SERVICES, CONSTRUCTION ADMINISTRATION, AND ALL MISCELLANEOUS SERVICES FOR THE AREAS OF STROMWATER, PUBLIC DRINKING WATER, WASTEWATER COLLECTION AND TRANSMISSION. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -----30- DAYS WRITTEN NOTICE TO THE THE CITY OF BOYNTON BEACH CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAil SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR (UTILITIES DEPARTMENT) 124 EAST WOOLBRIGHT ROAD LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE BOYNTON BEACH, FL 33435 ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Dorothy A. Stevens ~ "'*'" 4- t44..... - MM1(3/02) VALID AS OF: 12/11/03 PRODUCER MARSH USA INC. 1225 17TH STREET, SUITE 2100 DENVER, CO 80202-5534 Attn: STEVE WILSON 303-308-4569 DATE (MM/DD/YY) SEA-000714557-02 12/11/03 COMPANIES AFFORDING COVERAGE ADDITIONAL INFORMATION COMPANY E COMPANY F 33320 -01234-1M-LNW W.PAL INSURED LAWSON, NOBLE & WEBB, INC. ATTN: CHANDRA DOWNEY 630 PLAZA DRIVE, SUITE 200 HIGHLANDS RANCH, CO 80129-2377 COMPANY G COMPANY H TEXT CONTINUED FROM DESCRIPTION SECTION: CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE GENERAL AND AUTOMOBILE LIABILITY AS PER BLANKET ENDORSEMENTS ON POLICIES. CERTIFICATE HOLDER THE CITY OF BOYNTON BEACH (UTILITIES DEPARTMENT) 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 MARSH USA INC. BY Dorothy A. Stevens .a,............. 4. .. ..... Pace Marsh USA Inc. 12/11/03 8:56: PAGE 1/3 RightFAX Facsimile Transmiftal Sheet MARSH An "Company From: Lisa Rudduck To: TIlE CITY OF BOYNIDN BEACH Phone: Fax: 561-742-6298 Date: 11- Dec-03 Attention: Time: 08:56 AM Company: Message: The mformation contained m this facsImile message is confidentla~ may be priVIleged, and IS mtended for the use of the mdlVldual or entity named abUl1e. If you, the reader of this message, are not the mtended reCIpient, the agent, or employee responsIble for dell\1ermg thIS Information to the Intended recipient, you are expressly prohlbltedfrom copymg, dlssemInatmg, dlstributmg, or m any other way uSIng a~ of the InformatlO/1 contamed m thIs facsImile message. Marsh USA Inc. 12/11/03 8:56: PAGE 2/3 RightFAX PRODUCER MARSH USA INC. 1225 17TH STREET, SUITE 21 00 DENVER, CO 80202-5534 Attn: STEVE VVlLSON 303-308-4569 CER11FICATE NUMBER S EA-000714563-02 lHlS CERTFICATE IS ISSUED AS A MATTER OF INFORMA11ON ONLY AND CONFERS NO RIGHTS UPON lHE CER11FICATE HQ.DER OlHER THAN lHOSE PROVIDED" lHE POLICY. lHlS CERTFICATE DOES NOT AMEND. EXTEND OR ALTER lHE COVERAGE jlfFORDED BY lHE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE CQI,1P,lNY 20 -OOOO5-l.NW1 M- W.PAL A INDIAN HARBOR INSURANCE COMPANY "SURED LAVlJSON, NOBLE & WEBB, INC. A TIN: CHANDRA DOVVNEY 630 PLAZA DRIVE, SUITE 200 HIGHLANDS RANCH, CO 80129-2377 CCMP ,lNY B CCMP ,lNY C CCMP,lNY D THIS IS TO CERTIFY THAT PQJOES OF IN9JRANCE DESCRIBED HERE3N HAVE BEEN ISSUED TO THE INSJRED NNoolED HEREIN FOR THE PO-ICY PERIOD INDICATED NOTWTHSTANDING ANY REQUIREMENT. TERM OR GONDmCN OF ANY CONTRACT OR OTHER DOGUMENTWTH RESPECT TO 'M-IICH THE CERTIFICATE MAY BE ISSUED OR MAY A':RTAlN, THE INSJRANCE AFFORDED BY THE POLlOES DESCRIBED HERE3N IS9JeJECT TO IU THE TERMS, CONDITIONS AND EXo.USONS CF 9JCH POLlOES AGGREGATE L1MITS~O_ MAY HAVE BEEN REDUCED BY P,ljD o.AlMS CO lTR lYPE OF INSURANCE POLICY NUM BER POLlCYEFFEC11VE PQ.ICY EXPIRATION DATE (IIMIDDIYY) DATE (IIMIDDIYY) A1JTOMOIlLE lIABILITY LIM ITS GENERAL AGGREGATE $ PRODUCTS - CCMPKlP AGG $ PFRSJN,Ij & IIDVINJURY $ EACH OCOJRRENCE $ FIRE DAMAGE (Any one~re) $ $ GeMBI NED S NGlE LIMIT $ 80DIL Y I N-1.IRY $ (Per p...son) 8ODILYIN-1.IRY $ (Per accident) PROPERTY DNoolAGE $ GENERAL LIABILITY COMMEROIL GENERAl LIABILITY o.AlMSMNlE D OCQJR OI'<NER'S & CCNTRACTOR'S PROT ,lNY AUTO "'- L OI'<NED AUTOS 1O-IEDULED AUTOS HIRED AUTOS NCN-Ov.NED AUTOS GARAGE LIABILITY INo. AlITOONIY-FAACODENT $ OTHER THAN AUTO ONLY EACH ACODENT AGGREGATE EACH OCQJRRENCE AGGREGATE ,lNY AUTO EXCESS LIABILITY UMBRELLA FCRM EMPLOYERS' LIABILITY THE PROPRIETORI P ARTNERS'EXEQJTI VE CFFI GERS ARE' CLAIMS-MADE A PROFESSIONAL L1ABILllY AND CONTRACTORS POLLUTION L1ABILllY DESCRI'TION OF OPERATIONSllOCA110NSlVEHICLESISPEClAl.ITEMS RE: CONSULTING AND GENERAL ENGINEERING SERVICES FOR THE CllY OF BOYNTON BEACH, UTlLllY DEPARTMENT; RFQ NO. 065-2821-03ICJD; SCOPE C: INFRAS1RUCTURE IMPROVEMENTS; DESIGN SERVICES, PERMITTING, BIDDING SERVICES, CONS1RUCTlON ADMINIS1RATION, AND ALL MISCELLANEOUS SERVICES FOR THE AREAS OF STROMWATER, PUBLIC DRINKING WATER, VVASTEWATER COLLECTION AND TRANSMISSION. EL DISEASE.pO,ICY LIMIT EXo. EL DISEASE-EACH EMPLOYEE PECOOO8763-02 08/16/03 01/01/04 PER OCCURRENCE $1,000,000 THE CllY OF BOYNTON BEACH (UTILITIES DEPARTMENl) 124 EAST VVOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 SHOl.LO ANY OF TtE POlIOES DESCRIBED t-EREJN BE CANCeLLED BEFORE TtE EXPIRATlON DATE llERECF, THE INs..RER AFFORDING COIERACE WLL EI"DEAVCA TO flMlL --30 DAYS VltRITrEN NOTIa: TO TtE CERTIFICATE HO...DER N'\M::D f-EREIN. BlIT FAILlRE TO MltlL 9JCI-I NOTICE ~Lllt.PO~ NO OBLlGltT1<Jr\1 ~ LIABILITY OF ~p.r( KIN) l..FON nE INs..fiER AFFORDING C<NERAGE. ITS AGENTS OR REPRE5ENTATI~S, OR nE ISSUER OF THSCEFtTlFICATE MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER SEA-000714557-02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 122517TH STREET, SUITE 2100 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE DENVER, CO 80202-5534 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn: STEVE WILSON 303-308-4569 COMPANIES AFFORDING COVERAGE COMPANY B3320 -01234-1 M-LNW W.PAL A GREENWICH INSURANCE COMPANY INSURED COMPANY LAWSON, NOBLE & WEBB, INC. B XL SPECIALTY INSURANCE COMPANY A1TN: CHANDRA DOWNEY 630 PLAZA DRIVE, SUITE 200 COMPANY HIGHLANDS RANCH, CO 80129-2377 C COMPANY 0 COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDmONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MMIDD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 - A X COMMERCIAL GENERAL LIABILITY GEC001076101 08/16/03 01/01/04 PRODUCTS - COM PlOP AGG $ 2,000,000 - =:J CLAIMS MADE 0 OCCUR - PERSONAL & ADV INJURY $ 1,000,000 - OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Anyone fire) $ 1,000,000 MED EXP (Anyone person) $ 10,000 AUTOMOBILE LIABILITY $ 1,000,000 - COMBINED SINGLE LIMIT A X ANY AUTO AEC001075801 08/16/03 01/01/04 - A ALL OWNED AUTOS AEC001104701 (TX) 08/16/03 01/01/04 BODILY INJURY $ - (Per person) - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY $ (Per accident) - NON-OW NED AUTOS - PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ - - ANY AUTO OTHER THAN AUTO ONLY: - EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ =1 UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X I T~21~~Ns I IOTH- EMPLOYERS' LIABILITY ER B WEC001076001 08/16/03 01/01/04 EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ ~INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS RE: CONSULTING AND GENERAL ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH, UTILITY DEPARTMENT; RFQ NO. 065-2821-03/CJD; SCOPE C: INFRASTRUCTURE IMPROVEMENTS; DESIGN SERVICES, PERMITTING, BIDDING SERVICES, CONSTRUCTION ADMINISTRATION, AND ALL MISCELLANEOUS SERVICES FOR THE AREAS OF STROMWATER, PUBLIC DRINKING WATER, WASTEWATER COLLECTION AND TRANSMISSION. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCElLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ___-30.. DAYS WRITTEN NOTICE TO THE THE CITY OF BOYNTON BEACH CERTIFICATE H<X..OER NAMED HEREIN, BUT FAilURE TO MAIL SUa1 NOTICE SHALL IMPOSE NO OBlIGATlON OR (UTILITIES DEPARTMENT) 124 EAST WOOLBRIGHT ROAD LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. OR THE BOYNTON BEACH, FL 33435 ISSUER OF THIS CERllFICATE. MARSH USA INC. BY: Dorothy A. Stevens k --., 4- ...... - MM1(3/02) VALID AS OF: 12/11/03 PRODUCER DATE (MM/DD/YY) SEA-000714557-02 12/11/03 COMPANIES AFFORDING COVERAGE ADDITIONAL INFORMATION MARSH USA INC. 1225 17TH STREET, SUITE 2100 DENVER, CO 80202-5534 Attn: STEVE WILSON 303-308-4569 COMPANY E COMPANY F 33320 -01234-1 M-LNW INSURED W.PAL LAWSON, NOBLE & WEBB, INC. AlTN: CHANDRA DOWNEY 630 PLAZA DRIVE, SUITE 200 HIGHLANDS RANCH, CO 80129-2377 COMPANY G COMPANY H TEXT CONTINUED FROM DESCRIPTION SECTION: CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE GENERAL AND AUTOMOBILE LIABILITY AS PER BLANKET ENDORSEMENTS ON POLICIES. CERTIFICATE HOLDER THE CITY OF BOYNTON BEACH (UTILITIES DEPARTMENT) 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 MARSH USA INC. BY Dorothy A. Stevens .tr..--., 4. A...... Paae Marsh USA Inc. 12/11/03 8:56: PAGE 1/3 RightFAX Facsimile Transmit1a1 Sheet MARSH An lUll: ComJlilny From: Lisa Rudduck To: THE CI1Y OF BOYNlUN BEACH Phone: Fax: 561-742-6298 Date: ll-Dec-03 Attention: Time: 08:56 AM Company: Message: The informatlan contained In thIS facsImile message IS corfidentwl, may be priVIleged, and IS Intended for the use of the IndNldual or entity named above. If you, the reader ofttns message, are not the intended reCipIent, the agent, or employee responsIble for delIverIng thIS Information to the Intended reclprent, you are expressly prohrbltedfrom copying, dissemInatIng, drStributlng, or In any other way USIng any of the Information contaIned In thIS facsImIle message. Marsh USA Inc. 12/11/03 8:56: PAGE 2/3 RightFAX PRODUCER MARSH USA INC. 122517TH STREET, SUITE 2100 DENVER, CO 80202-5534 Attn: STEVE \I\IILSON 303-308-4569 CERTIFICATE NUMBER S EA-000714563~2 TltIS CERTFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TltE CERTIFICATE HOLDER OTltER THAN TltOSE PROVIDED IN TltE POLICY. TltIS CERlFlCATE DOES NOT AMEND, EXTEND OR ALTER TltE COVERAGE ,llfFORDED BY TltE POLICES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE C~P~Y 20 ~OOO~NW1M- W.PAL A INDIAN HARBOR INSURANCE COMPANY INSURED LAV\lSON, NOBLE & VllEBB, INC. ATIN: CHANDRA DOWNEY 630 PLAZA DRIVE, SUITE 200 HIGHLANDS RANCH, CO 80129-2377 C~P~Y B CXlI.1 P !'Ny C CXlI.1P!'NY D THIS IS TO CERTIFY THAT PQJOES OF INSJRANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSJRED NJY.1ED HEREIN FOR THE PQICY PERIOD INDICATED NGrWTHsrANDING ANY REQUIREMENT, TERM OR CONDITIOII OF ANY CONTRACT OR aTHER DOCUMENT V\IITH RESPEcr TOVIII-Ila-l THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSJRANCE AFFORDED BY THE POUOES DESCRIBED HEREIN ISSJeJEcr TO ILL THE TERMS, CONDITIONS AND EXQUSONS CF SJa-I POLlOES AGGREGATE L1MITS~O_ MAY HAVE BEEN REDUCED BY PJljD QAlMS CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (IIMIDD/YV) DATE (IIMIDD/YV) LIMITS GENERAL LIABILITY COMMEROIL GENERAL LIABILITY QAlMSMKlE D OCaJR OJI/NER'S & COIITRAcrOR'S PRaT $ PRODUcrS-C~PKlP AGG $ $ $ $ $ $ CXlI.1BINED SNGLE LIMIT GENERAL AGGREGATE PERSJNJIj. & ADVINJURY EAa-I OCaJRRENCE FIRE DAMAGE (Anyone~re) MED EXP (Any "'e p,...on) AlITOMOIlLE LIABILITY ~Y A/JTO jOt L OJI/NED AUTOS s::HEDULED AUTOS HIRED AUTOS NOII-O'IIINED AUTOS RODII YIN..lIRY (Per pO''''''') $ BODILYIN.lJRY (Per accident) $ PROPERTY DJY.1AGE $ THE PROPRIETORI PARTNERS'EXEaJTlVE CFFICERS ARE- CLAIMS-MADE A PROFESSIONAL L1ABILllY AND CONTRACTORS POLLUTION L1ABILllY DESCRPTION OF OPERATIONSlLOCATlONSIVEHICLESlSPECIJIL ITEMS RE: CONSULTING AND GENERAL ENGINEERING SERVICES FOR THE CI1Y OF BOYNTON BEACH, UTlLl1Y DEPARTMENT; RFQ NO. 065-2821~3/CJD; SCOPE C: INFRASTRUCTURE IMPROVEMENTS; DESIGN SERVICES, PERMITTING, BIDDING SERVICES, CONSTRUCTION ADMINISTRATION, AND ALL MISCELLANEOUS SERVICES FOR THE AREAS OF STROMWATER, PUBLIC DRINKING WATER, WASTEWATER COLLECTION AND TRANSMISSION. INQ .'(JTOONI Y -EAACODENT aTHER THAN AUTO ONLY GARAGE LIABILITY ~YAUTO EXCESS LIABILITY UMBRELLA FCRM EAa-I OCCURRENCE AGGREGATE EMPLOYERS" LIABILITY EL DISEAs::-PQICY LIMIT EXQ EL DISEASE-EACH EMPLOYEE PECOOO8763-02 08/16103 01/01/04 PER OCCURRENCE $1,000,000 THE CI1Y OF BOYNTON BEACH (UTILITIES DEPARTMENT) 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 5HOU...O AN'( OF TI-E POlloes DESCRIBED I-EREIN BE CANCElLED BEFORE Tl-E EXP1RATlON DATE l1-ERECF. THE INSUlE;R AFFORDING co./E;RA()" WLL E;foCJE;AII<R TO .....IL ---30 DAYS WRITTEN NOTICE TO TIE CERTIFICATE HO...DER NAM::O HEREIN, BUT FAll~E TO tM.1L SJCH NOTIa: st-W.llM"JOSE NO OBLI~TI(JrII CR lIA81LITY OF Atolf KIN) LFON 1"HE INSRER AFFORDING COIERAGE, ITS AGENTS OR REPRESENTATIYES OR 1"HE ISSlER OF THSCEFlTlFICATE Marsh USA Inc. 12/11/03 8:56: PAGE 3/3 RightFAX PRODUCER MARSH USA INC. 122517TH STREET, SUITE 2100 DENVER, CO 80202-5534 Attn: STEVE WILSON 303-308-4569 CCMPMlY E COMPANY F 33320 '{)OOO5-l.NW1M- W.PAL INSURED LAVVSON, NOBLE & WEBB, INC. ATTN: CHANDRA DOV\INEY 630 PLAZA DRIVE, SUITE 200 HIGHLANDS RANCH, CO 801 'l!4-2377 CCJ.\PMlY G CCJ.\PMlY H CONTINUED FROM DESCRIPTION SECTION: FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYM ENTS OF INDEM NITY AND EXPENSE. THE CITY OF BOYNTON BEACH (UllLlTIES DEPARTMENT) 124 EAST\i\OOLBRIGHT ROAD BOYNTON BEACH, FL 33435 MARSH USA IItCo BY Dorothy A Stevens ~ 4. ""n tMM ............_..-....~---...... The City of Boynton Beach err Utilities Department /24 E. Woolbright Road Boynton Beach. Florida 33435 Phone (56/) 742-645/ FAX (56/)742-6298 LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 8, 2003 RE: 2 Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C D t D '1' N oples ae o. escnpnon 1 Original Agreement - Marco Water Engineering 1 Proof of Insurance REMARKS: Please file accordingly. There will be a total of 20 agreements with 20 firms as awarded by Commission. cc: Procurement Services - Carol Doppler Barb Conboy Karen Riseley SIGNED: ~ ~ /';:2- If 0) CH) r -.-..' .... t.'-._) o r-q n I U) -...{"~ f~) .~, f1 '. -'-- C.!'J ~(~-l :'~l_.# .........._~.:~": (. ; --i C, (:)"."' -11 .~- -n ~'.::J -:r'"1 C)....,.... 11'1,;-; 2:~ .....;'1Io o.J (.) w MARCO WATER ENGINEERING 1120 Grand Duke Way RoyalPalmBeach.FL 33411-3113 561.389.2714 FAX 561.784.9344 marco@marcowater.com RECEIVED DEe -'~ 2003 BOYNTONBfACHUYILlTIES December 4, 2003 '"~F:I~~l_ C"., ,.."'~ ._) \:.,"" /~~._\ 'f?\ \"~C}~ c:"> \' ,'. I \ ~~. ~, '~i. ...0 '7.-....... (;1 ~ '1~ ('.",,'" '/ -;..;\'~ c!? ?,'}7 c., (. \ ,~, v> The City of Boynton Beach Utilities Department A TTN: Ms. Barbara Conboy, Manager, Utilities Administration 124 E. Woolbright Road Boynton Beach, Florida 33435 Dear Ms. Barbara Conboy: Attached as requested is the original signed Consultant Agreement and the insurance certificates. I have already coordinated with Ms. Carol Doppler and she has the required insurance documents for Marco Water Engineering. If I may be of further assistance please contact me at (561) 389-2714. I look forward to working with you in the near future. Thanks! Sincerely, ~;t. ~Re~ Marco A. Bell, MBA, M.Sc., P.E. Principal Engineer & Owner Marco Water Engineering www.marcowater.com Preserving our Natural Resources '<'- " "., / r7 /, {' ,j- (5 cZ AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Marco Water Engineering, 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on rJ{)(j. /1 , 2003, accepted the City Administration's recommendation and designated Consultant as one of nine (9) qualified consulting firms for Scope D 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 consulting and 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. CA-I 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of nine (9) consulting firms for Scope D 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON- 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. 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 of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: m QI'Ct1 Wqttf I2hu'iJ.fl'li".j --.1 } 2.0 (7rqnl J)J,t.e u)il.f ~lJy~1 PctJ~ &t'(f:h.l /:1- .38 J-j/}J3JJ3 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. CA-5 DATED this ~ day of NO\leM ber CITY OF BOYNTON BEACH ~ Kurt Bressner, CIty Manager Attest! Authenticated: o Rev. 04/08/03 CA-6 ,20~. ~4;J4; /!8. Consultant f"ACipq} E"t5inttt 4 c?Wnt't" Title · (Corporate Seal) Attest! Authenticated: ~~~ Secretary EXHIBIT A SCOPE D: ANCILLARY STUDIES and SERVICES . Rate Analysis . Accounting Procedures . Revenue Bonds . Risk Management . Employee Training . Performance Measurement & Organizational Management . NPDES Permitting . Vulnerability Assessments . Master Plan Updates . Clean Air Act Compliance . Consumer Confidence Report . Consumer Satisfaction Survey . Wastewater Capacity Analysis . Hydraulic Analysis . Power Analysis . Geographic Information Systems . Aerial Photogrammetry & Photography . Process Controls & Instrumentation . Data Acquisition and Control Services (DACS) . Supervisory Control & Data Acquisition (SCADA) . Other Related Services EXH::::B:;:: T B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Project Director (principal) IJ25;00 marc, fl. hJIJ/le. Client Service Manager Senior Project Manager Project Engineer Scientist Senior Designer Designer Senior Engineer/Hydrogeologist Engineer/Hydrogeologist(T echnical Specialist) Senior Professional Surveyor/Mapper 3 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Professional Surveyor/Mapper Engineering/Survey Technician Senior Field Representative (professional) Survey Crew GIS Specialist Graphics Specialist Senior Inspector GPS Equipment Senior Administrative Support Administrative Support m OlJicq /h. {lJfil ~/J - j' )'Z.S 0 4 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Paraprofessional Aerial Photogrammetry Computer System Analysis Rate Study Financial Services Instrumentation and Control Services Human Resource Services Data Acquisition and Control Services Direct Costs - Mark-up % Office, reproduction, mailing, etc. I u DID Direct Costs - Mark-up % sub- consultants Ofb )0 5 _ . CHAPTER: 10 SECTION: 08 SUBJECT: 02 PURPOSE: CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL Procurement Policy NO.1 0.08.02 Professional Services Page: 1 of 7 Errors & Omissions Policy The purpose of this policy is to set forth consistent procedures to assess: 1. whether an error and/or omission ( sometimes referred to herein as "E&O") has been made by a Design Professional who is performing services for the City, 2. create a record of error and/or omissions for the purpose of recovery of premium costs, 3. evaluate whether reimbursement of premium costs is appropriate and, 4. evaluate Design Professional performance for consideration in future project selection processes. AUTHORITY: Administrative procedure. DEFINITIONS: Definitions as used in this Policy, the following terms carry the meaning specified below. 1. Change Order. Any contract amendment which increases or decreases the value, or duration of a contract, when approved by the City Commission. 2. Consequential Damages. Consequential damages are damages which do not flow directly and immediately from the acts of a party, but only from some of the consequences or results of such acts and may include the City's cost of replacing or completing work resulting from a design error or omission, the cost of providing extended project support and loss of use damages. 3. Delay Damages. Delay damages include the costs, which the City may have to pay a contractor as the result of Design Professional caused delays. These damages can include increased labor and material costs, extended home and field office overhead, lost productivity and lost opportunity damages. 4. Department Director. The head of any City department or division. 5. Design Professional. Design professionals are any consultants who provide services to the City whether or not they are hired pursuant to the Consultant Competitive Negotiation Act, FSS. 287.055. This policy applies to the entire design team including all sub-consultants hired by a Design Professional who is in direct contract with the City of Boynton Beach. 6. Error. An act that through ignorance, negligence, deficiency or accident departs from or fails to achieve what should be done. Nothing in this definition modifies the terms of the City's contract with the Design Professional. 7. Insurance Carrier. The provider of the professional liability insurance coverage carried by the design professional. 8. Omission. An item of design or contract work task, which was neglected or left undone. Nothing in this definition modifies the terms of the City's contract with the Design Professional. 9. Premium costs. Premium costs consist of the increased cost to the City of having items of work added to a project after the contract has been bid and awarded and construction started. If work is added because of an error or omission by the Design Professional, and the item is required for the project to function as anticipated, value is added to the project and some portion of the cost of the item may properly be allocable to the City. However, when an error or omission in design is discovered after bid, some portion of the cost of adding the item frequently represents the increased cost which a contractor incurs in constructing the added work out of sequence. In addition, the City loses the benefit of having the work required to overcome the design error or omission competitively bid. These additional costs resulting from design errors or omissions constitute premium costs. Premium costs include the cost of the consequential and delay damages as a result of the error and/or omission. 10. Professional Liability Insurance. That insurance which indemnifies against damages caused by the errors or omissions of the design professional. 11. Project Manager. The City employee assigned to administer the contract of a Design Professional. 12. Standard of Care. The expected level of professional skill, knowledge, expertise, experience and performance set forth in the Design Professional's contract. Nothing in this Policy modifies the language or terms of the City or Design Professional, which are contained in their contract. 13. Unforeseen Site Condition. An actual physical characteristic which was not known or is different from the characteristic described in the construction contract documents. Responsibility for unforeseen site conditions are described in the contract documents and may vary from contract to contract. 2 POLICY: It is the policy of the City of Boynton Beach to fairly and consistently review and evaluate the performance of its Design Professionals against applicable contract and industry standards 1. In the event that performance meets or exceeds the contract requirements, it is the policy of the City to record same in an objective manner for use in future selection processes. In the event that performance falls short of the contract requirements, the City policy is to recover the premium costs, consequential damages, and delay damages resulting from the Design Professional's failure to perform to the level required by the contract or by industry standards as well as record same in an objective manner for use in future selection processes. A Design Professional is obligated to perform services in a manner consistent with the contractually required standard of care as well as industry standards. Neither industry nor contractual standards of care require perfection. Therefore, some level of performance short of perfection is anticipated. In each project where the City has costs associated with errors and omissions, the City should determine if those costs reflect a level of performance less than that required by the applicable standard of care. If so, then the City should expect to be reimbursed by the Design Professional for those costs. When the City incurs cost overruns on a project, an assessment should be made by the Project Manager to determine the impact of such factors so that any City claim could be fairly adjusted. Such a determination would be made on a case by case basis by the City or consultants engaged for this purpose. PROCEDURES: 1 . General Each project must be assessed on its own. No one standard can determine whether the City should expect reimbursement for E&O expenditures. Some errors or omissions may, standing alone, evidence a lack of care sufficient to warrant reimbursement. A series of minor errors or omissions mayor may not be indicative of a lack of care. In determining whether to seek compensation from the Design Professional the City should first calculate and total the amount of premium costs. In the event that the standard of care has been exceeded, the Design Professional will be responsible for only the premium value (non-value added costs). Secondly, the premium value needs to be compared to an applicable standard of care to determine if the premium value exceeds the amount normally I Contracts, by their nature, cannot incorporate reference to all stand.ards of care for a design professional. Reference to "industry standard" in this policy imposes on design professionals a duty to perform the requested services in accordance with the standard of care used by similar professionals in the community under similar circumstances. 3 expected on a project where the Design Professional was conducting itself in accordance with the standard of care contained in its contract. 2. Design Professional's Contract Lanquaqe Each contract with a Design Professional shall contain standard of care language. The language shall be consistent with' the language which currently represents the City's position as approved by the City Manager. Department Directors may recommend a higher standard of care for contracts which warrant same. This revised standard of care language must be approved by the City Attorney's Office. In any event the individual contract language shall take precedence over the terms of this Policy. The Design Professional's performance will be recorded and in part evaluated according to the provisions of this Policy. Project Managers shall provide a copy of this Policy to all professionals as part of their proposal or contract. 3. Chanqe Order Administration a. Construction Administration Services The Design Professional shall immediately be made aware of any change, which may be considered an error or omission by the City so that the Design Professional can evaluate the condition and participate in mitigating impact of the error or omission. 1) If construction administration services are included in the Design Professional's contract, the construction contract will include language directing requests for information and change proposals to the Design Professional with simultaneous copy to the City, or simultaneous notification to both the City and Design Professional. 2) If construction administration services are not included, the Project Manager will notify the Design Professional within 24 hours of being made aware of a condition which may be an error and/or omission. This notification may be verbal or written. If verbal, notification must be to a person employed by the Design Professional holding a position at least of engineer. b. Chanae Order Brief A change order brief is required for all change orders prior to City approval. The change order brief contains a field to identify whether the change order, or each change item contained within a change order (if 4 multiple change items within a single change order) was a result of an error/omission. The Project Manager must identify whether the change or individual change item is a result of an error or omission. This change order brief shall be provided to the Design Professional upon approval of the change order. The change order brief shall not be provided to the Contractor as an attachment to the change order, however, must be provided to the Contractor if requested. c. Evaluation of the Value of Errors and Omissions Within 30 days of the approval of a change order, all change items which have been identified as an error/omission will be evaluated to identify the premium costs. The premium costs should include all costs identified in the definition of premium costs above. Independent consultants may be used to assist the Project Manager in determining the premium costs. d. Contract Payments to the Desion Professional To the extent possible, the Project Manager shall ensure that sufficient funds are available (based on contract balance) from payments to the Design Professional to cover the value of the premium costs identified and transmitted to the Design Professional. This provision of the Policy may be waived with the approval of the Department Director. This provision is not intended to provide for the implementation of a "retainage" provision. e. File The Project Manager will maintain a file which contains the change order documents, all related correspondence and work papers, the evaluation identified in lib" above. the Design Professional's response to the evaluation, and any other materials related to the an error/omission. 4. End of Construction Evaluation and Assessment a. Cumulative Review Upon completion of construction, the Project Manager will compile the results of all E&O evaluations for the purpose of determining whether the standard of care identified in the contract has been met. This compilation will be referred to as the cumulative review. If determined to be warranted, the Project Manager can initiate an interim cumulative review at any time during the contract. b. Assessment Aoainst Standard of Care 5 The Project Manager will compare the cumulative review to the standard of care in the contract of the Design Professional to determine whether the contract requirements have been met. This comparison is to be performed on a case by case basis considering the items set forth earlier in this Policy. c. Review of Final Evaluation and Recommendation 1) If the Project Manager's evaluation indicates that the standard of care has been met, the Project Manager can recommend final payment. Final payment and recordation of the Design Professional's performance shall be made in accordance with "4d" and "4e" of this Policy. 2) If the Project Manager's evaluation indicates that the standard of care has not been met, a copy of the evaluation shall be sent concurrently to the Division Director as well as the Design Professional. The Division Director shall review the evaluation and schedule a meeting with the Design Professional prior to concurring with the recommendation of the Project Manager and sending same to the Department Director. Should the Department Director agree with the evaluation of the Project Manager and Division Director that the standard of care has not been met, the cumulative review, along with the Department Director's recommendation shall be forwarded to the Design Professional. This communication to the Design Professional shall indicate the monetary penalty, if any, that the City intends to impose and shall afford the Design Professional the opportunity for a meeting with the City to discuss the City's findings and conclusion. In the event the Design Professional disputes a monetary penalty imposed by the City pursuant to this policy, the dispute shall be settled by mediation under the Construction Industry Mediation Rules of the American Arbitration Association. A demand for mediation must be in writing and must be made prior to final payment. The acceptance of final payment by the Design Professional constitutes a waiver of the dispute. If within 45 days after service of a written demand for mediation, the mediation does not result in settlement of the dispute; then, any unresolved dispute shall be settled by arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules. Fast track procedures shall be followed when the disputed amount is less than $50,000.00. A single arbitrator shall be used. 6 An award rendered by the arbitrator shall be enforceable under the provisions of the Florida Arbitration Code, Chapter 682, Florida Statutes. d. Final Payment of the Desian Professional's Contract 1) If the Department Director concurs with the Project Manager that final payment in accordance with the terms of the contract. 2) The Project Manager shall hold the final invoice for services, if a contract balance remains. The amount withheld from final payment will be in an amount equal to or less than the estimated premium value. If there are insufficient funds remaining in the contract balance, the Department Director will determine the most appropriate manner to recover same from the Design Professional and/or their Professional Liability Carrier. 3) If the matter proceeds to negotiations for resolution, the final invoice for services shall be processed upon conclusion of the negotiations and in accordance with the agreements resulting from same. e. Recordation of Performance Evaluation Form The information contained in the cumulative review shall be permanently recorded on the Design Professional's Performance Evaluation Form, which is one of the factors considered for future selection. DEVELOPED BY: EFFECTIVE DATE: John Guidry, Utilities Director March 1,2001 !~ Kurt Bressner City Manager 7 City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM ATTACHMENT A Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not a1\ inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) ------------------------------------------------------------------------------------------------------------------------------------------- MINIMUM LIMITS REOUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability 50,000.00 Employees & Officers Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability General Aggregate Products-Comp/Op Agg. Personal & Adv. Injury Each Occurrence Fire Damage (anyone fire) Med. Expense (anyone person) $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ $ 5,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos PIP Basic Intermodal Combined Single Limit Bodily Injury (per person) Bodily Injury (per accident) Property Damage Trailer Interchange $ 500,000.00 to be determined to be determined to be determined $ 50,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Any Auto Garage Keepers Liability Auto Only, Each Accident Other Than Auto Only Each Accident Aggregate $ 1,000,000.00 $ 100,000.00 $ 1,000,000.00 $ 1,000,000.00 Excess Liability Umbrella Form ------------------------------------------------------------------------------------------------------------------------------------------- Each Occurrence Aggregate to be determined to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Employer's Liability Each Accident Disease, Policy Limit Disease Each Employee Statutory Limits $ 100,000.00 $ 500,000.00 $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- to be determined Other - As Risk Identified $ 300,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Revised 10/2001 INSURANCEADVISORYFORM04 ~CJ}BD_ CSRTlJ:ICA TE OF LIABILITY IN8UftANCe I o9i22T20~3 PIIOIIlJe&R TtIB CER1'F1tA1I! II MI8IJED AS A MAT1'I!R OF 1NFCIVM'I1ON B&B INSURANCE AGENCY ONLY AND CGNFERlI NO RIGHTS UPON TIE Cl!RYFlCATE 412 NORTH DIXIE HIGHWAY HDLDI!R. TIIa CElU.lliAlE DDE8 NOT ~ EXTEND OR ALTER THE ~ AfFOIIDEI) BY THE POLICIES BELOW. LANTANA,FL.33462 561-586-0029 MUAERI AFFORDING COVEIUGE NAIC. lMtlIRm MARCO BELL DBA/MARCO WATER lNIURER A: ATLANTIC CASUALTY ENGINEERING -~It LloOYDS OF LONDON 1120 GRAND DUKE WAY INIlUIlEIt c: ROYAL PALM BEACH, FL 33411 INIIlIIlER D: I lNIlMER 12 CCM3WIE8 THI! POuclI!S Oil' INSUfItANcI! Ll8Tm.LOW HA\tI! BI!I!N IlSlIurD TO Tft! IN8UAI!D NAMI!D AIcM! I"ClR TttI! POLICY PatIOD 1NPICAT1!D.. NCnWlTHSTANDr<<I AHV ,.~. TIIIW QA CONDITIaN Oft Nf'( CONTRACT at OTHD DOelIlB," lMTH RESPI!Cr TO WMCtt THIS Cl!lmPlC:ATI! IMY . I8lIUtD OR MY PeRTAIN, ,... ~ APPaADI!D IIYTHI! IIaLlClI& I31!SCl~D HEREIN IS sua.crTOALL THE 11!NIJS. Da.UaalS NG CClNDn1ON8 Of' WCtt fIOLICIEC. AGIORIGA11! UIIITS lIHaWNIMVHA"I!'" AeDuclDIIY PNDCl.AIMI. - 1IUlJI:\r_ 021000566 liED flip ~ 08/08/03 08/08/04 ~.~W~M GENEIW. NRUilMTE PRODUCT8 -l:ICMPJ(p AGIO toe "U~EIMIaIn' ,.NY AIITo Al.L 0lMlED AUT08 RCtlEDUI.I!D IlUlOG IMED AItT08 NON-OWNl!D"vros ~_E:lMT (Ilol~ ~ IIDDlL Y INJURY Cf'W .....) $ IODIL Y troIJURY 1Pw-o I ~00IlIMIJE S /WlMI!~ AllY NJTO DTHl!ft~ AIJIl)ONI. Y: llInoONLY.MACCIDE/IIr , MACe $ , $ I S . I AAA IIlCIIUlIIMIIlIILLA &MlIIlnY OCCUR 0 Cl.AlII$MAOe E:ACH c:x:c:lJRAI!lCC IIOGREC.MlE DI!l:lUC'I1IlLE ~N I _EMCClMI'IiIIMllONMD II!MPUWIM'l.lAIlU!V ___....-...s_ ~$ "'WZ!nt If ....1lIIlIW PACMlItONlJ ...... ont&R : /J PROFESSIONAL o LIABILITY FBOg030012 08/08/03 08/08/04 1,000,000 LIABILITY ~'_Of'Ol'I!IIA~'UICA"""IIEHICUilI'&llCWIIDIIIo1lIIDDltYl~"". ,-.~ DESIGN AND CONSTRUCTION CONSULTAN FOR WATER RESOURCES, DRAINAGE FLOOD CONTROL, ENVIORNMENTAL RESTORATION AND EVERLGLADES PLANNING AND MODELING !:.L eAaf MX:1D&NT I ILL DlSIill&. Q~ S !:.l. DISEAlIl!. POlICY LIMIT . tA!k I Ir'tIOATE CITY OF BOYNTON BEACH ATTN: PROCURMENT SERVICES 100 E BOYNTON BEACH, FL 33435 CAROL DOPPLER, CPPB, SR BUYER 561-742-6323 7Y2- ~"'D ~ ACOAD......1IMt ~ I "lION IIlGULDNlfOF nti AICM! ~1'OUClEI1Ii CJ\- I "V MI'CIIII! '"' IIPlMTIoN IlATE 1ttIIIIIDP. ". __ _... ~ 1'0 MJlI. 2Q.- IIo\ft WIIIn'IN NlmtS 'RI 1M: CI!II1'RlAllE HOuIIR IWII!D YO YtlI un.1IUY f'MURlllO DO 80 IItJlU,. MlOIlIlO CBJM1lIIIC GIt UIil8LnY GP UI'Olt TIll MURIIt, '"' ...". 1IR ... ttl..DnA_ AVTllOMIIJ _ CORPORAllON 1_ 12/04/2003 10:42 5617980265 JULIE KIME ALLSTATE PAGE 01/01 PR015~~~ ffl~~mlt ~~~ ~ West Palm Beach, Fl 33414 Marco Water Fngineering 1120 Grand Duke Way Royal Palm Beach, Fl 33411 INSURERS AFFORIMNG COVERAGE INSUAERA: Allstate Ind I'I9UAEA B: lN8UAERC: lI&lAER Di .. ' IIBIAER E: :. ......D ' COVERAGES THE POlICIES OF INSURANCE USTEO BELOW HAVE BEEN ISSUEDTQ THE INSURED NAMED NJa>IE FOR THE POLICY PERIOD NlICATED. NOTYmHSTANDING AHV REQUIREMENT. TERM OR CONomoN OF ANY CONrRACT OR ontER DOCUMENT WtTH RESPECT TO WHICH 1HIS CERnFlCATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFPORDED BY lHEPOUCIES"DESCRlBED HEREIN IS'SU8JECTTO ALL THE TERMS. EXCWSIONS AND CONDI11ONS OF SUCH POlICIES. AGGREGATE LIMns SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ '"" 0# INfuIwIcE ..- POLlCY_ JlGUCYIFFBUVE ~ 1M1B ~LIA8ILRY EACffOCCURAENCE S COIAlERCW.. oaERAL UMIl.JlY -. fIAE DMIAGE-_In) 'S 1 Cl.AIMS MADE 0 OCCUR lIED EXP CMr-...... S PIiIIlSOIW. & mllNAJRY $ - GBlEM-MJOAE!GAlE $ ~rlLMfnPElt. , PI'lCIlUC18 - CXlW'IOP JlOCI $ POLICY ~ LOC '. . . A ~ , COI8NED SlNGlE lIMY $ 500,000 /IH'f AUTO (& MCIclIonQ - ~ Al.I. OWNED AUTOS BODILY INJURY S ~ . _ SCtEDUt.eO AU1'OS 048682177 9/27/03 9/27/04 cPw...... - -- - - HIRED AUTOS 800ILV INJURV S /<<IN-OWNED AUTOS cPw aalIIIInl - .' .-.-..nIT DMIMJE - S (Pw eacIdInQ =iUdLnY AUTOONL\' . EA ACCIDENT $ /1M\' AUTO O1HIEfIltWI EA N:C . . . AUTO ONLY: AGO $ EllCHS UARITY EACH CICCUARENCI1 $ :1 OCCUR 0 (:\AI.MADE AGGRElJAlE . ~= $ $ . ~Bf . WORaRI COIIPENIA'ftON AND IM'LO'II!RS' UdIUIY E.L UCHACClIIENf . E.L DIUMI!- fA . E.L DlI&A8E- JIGUCY LIMIT . \ ems ,; ---,,'ION Clf'ClI'ERA11OMIIUlCA1IOIIItf~ ''''- AIlDIDIJ\' lI!NDD.RIFl'V"if-' ~ 1990 Nissan VIN #lN6SD11SSLC373702 .. CERTlFtCATE HOLDER I I ADIlIftI:INAL lIIMJIlI!D; ...... UETftR: CANCELLATION City of Boynton Beach 1IIOULD"",..THEMCIIlIIl-': 11 PCILIC8_"-'-~""_ AnN: Procurement Services DA1'II THIRIIlIF..... __..... _10 IWL JJL'... ..... Carol Doppler, CPPB, SR Buyer ..,...10.... ClllNlCAmllOUlM__101IIa UPr. 8UI'.-.-1O _._ 100 E Boynton Beach, Fl 33435 . -..110....... at UII&IIY OF "", _ .......--. lIS..... A8' . .....JI'AftIlB. ~ AUII__ ./ I . l'hT,h "lV, ACORD 25-S n1fD\ The City of Boynton Beach Q( UTILITIES DEPARTMENT 124 E. Woolbright Road Boynton Beach, Florida 33435 Otlice: (561) 742-6451 FAX' (561) 742-6298 Website:www.ci.boynton-beach.fl.us Certified Letter # 7003 1010 0000 6300 9637 December 1,2003 Marco Water Engineering 1120 Grand Duke Way Royal Palm Beach, FL 33411 Attn: Marco Bell Dear Mr. Bell: At the City Commission meeting of November 18, 2003, the terms, conditions, and rates of compensation for services were approved for your firm detailed in the enclosed original Consultant Agreement for a Two-Year General Consulting and Engineering Contract. The Consultant Agreement has been partially executed by the City of Boynton Beach with the signatures of the City Manager and City Attorney. In order to complete the execution, please sign where indicated and return the original Consultant Agreement to the Utilities Department. Insurance certificates are also required at this time. Along with the Consultant Agreement, please submit your Certificate of Professional Liability Insurance that indemnifies your firm against damages caused by errors and/or omissions (see enclosed City Administrative Policy); and, a Certificate of Insurance, naming the City of Boynton Beach as additional insured for appropriate coverages according to Attachment 'A'. The original documents must be returned by December 12, 2003, to Barbara Conboy, Utilities Department, 124 E. Woolbright Road, Boynton Beach, FL 33435. America's Gateway to the Gulfstream If a certified copy of the fully executed Consultant Agreement is required for your records, we will provide one upon receipt of the documents and your written request. Thank you for your cooperation and we look forward to working with you and your firm. Sincerely, CITffF BO~~ON BEACH /k,.lI,'v."Ii!.'~ Barbara Conboy Manager, Utilities Administration Attachments (3) cc: Procurement Services City Clerk WRLT 2 / I '/ C' The City of Bovnton Beach City Clerk's Office 100 E BOYNrON BEACH BLVD BOYNrON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org December 16, 2003 Lisa A. Tropepe, P.E. Vice President SFRN, INC. 1201 Belvedere Road West Palm Beach, FL 33405 RE: Resolution #R03-182 - GENERAL ENGINEERING SERVICES Dear Ms. Tropepe: Attached please find a certified copy of the resolution mentioned above including attachments for your files. If you have any questions concerning this, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH C: Barb Conboy, Utilities Procurement Services Karen Riseley masS:\CC\WP\Letters\Letters by Mary Anne\SFRN.doc America 's Gateway to the Gulfstream . The City of Bovnton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org CERTIFICATION I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that a copy of Resolution R03.182 consisting of two pages plus 12 attachments are true and correct copies as they appear in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 16th day of December 2003. .P~ ET M. PRAlNITO, CMC, CITY CLERK S:\CC\WP\certificatlons\certificalion - JP - sailfish.doc America's Gateway to the Gulfttream RESOLUTION NO. R03 - / ~~ J ; I I ! WHEREAS, the City Commission of the City of Boynton Beach, upon I jrecommendation of staff, hereby deems it to be in the best interests of the citizens and ! residents of the City of Boynton Beach. to designate twenty engineering firms as being I I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. DESIGNATING TWENTY COMPANIES AS GENERAL CONSULTANTS FOR ENGINEERING SERVICES; ACCEPTING NEGOTIATED RATES OF COMPENSATION FOR SERVICES; AUTHORIZING EXECUTION OF CONTRACTS; AND PROVIDING AN EFFECTIVE DATE. qualified to provide consulting engineering work for the City's Utility Department, and to accept negotiated rates of compensation for services, and authorize execution of contracts with each of the twenty (20) companies; 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 designate the following twenty engineering firms as being qualified to provide consulting engineering work for the City's Utility Department, accepts the negotiated rates of compensation for services, and authorizes execution of agreements, as follows: Arcadis. Geraghty & Miller; Boyle Engineering Corporation; Brown & Caldwell Camp Dresser & McKee. Inc.; CH2M Hill, Inc.; Craig A. Smith & Associates; Crossroads Engineering, Inc.; Global Tech. Inc.; Hartman & Associates. Inc.; Kimley-Horn & Associates. Inc.; LBFH. Inc.; S:\CA\RESO\Agreements\Consultant - Engineering SefVices 110403.doc Lawson. Noble & Webb. Inc.; Marco Water Engineering; Matthews Consulting. Inc.; Metcalf & Eddy. Inc.; PBS & J Corporation; SFRN, Inc.; Stanley Consultants, Inc.; URS Corporation; Wantman Group. Inc.; Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOYfED this -ti- day of November. 2003. CITY OF BOYNTON BEACH. FLORIDA ., -=-c~- Commissioner ATIEST: S:\CA\RESO\Agreements\Consullant - Engineering Services 110403.doc j{/o 3--1 Y;;L AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and SFRN. 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on No,). /f , 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C and one of nine (9) qualified consulting firms for Scope D 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 consulting and 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. CA-I 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C and one of nine (9) consulting firms for Scope D 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON- 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. 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 ofa member, partner or officer ofthe 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 sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: SFRN, Inc. 1201 Belvedere Road West Palm Beach, FL 33405 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. CA-5 DATED this 1~ dayof ~O"~Mbef CITY OF BOYNTON BEACH ~ Kurt Bressner, City Manager Attest! Authenticated: 'M. Rev. 04/08/03 , 20 0.3. ~~ ~( (>E-{)r2€6cOe7\JT Title (Corporate Seal; Secretary CA-6 Exhibit A SCOPE C: INFRASTRUCTURE IMPROVEMENTS . Water Main Replacement · Interconnections · Sanitary Sewer Line, Repair, Rehabilitation, Replacement · Inflow & Infiltration Studies/Repair · Wastewater Pump Station Rehabilitation/Expansion & Analysis · Pump SizinglExpansionfImprovements . Stormwater Management · Swale and Drainage Development/Improvements . Outfalls . Roadway and Transportation · Neighborhood Improvements . Lighting . Sidewalks . Park Amenities . Other Related services SCOPE D: ANCILLARY STUDIES and SERVICES . Rate Analysis . Accounting Procedures · Revenue Bonds . Risk Management · Employee Training · Performance Measurement & Organizational Management · NPDES Permitting · Vulnerability Assessments . Master Plan Updates · Clean Air Act Compliance · Consumer Confidence Report · Consumer Satisfaction Survey · Wastewater Capacity Analysis · Hydraulic Analysis · Power Analysis · Geographic Information Systems · Aerial Photogrammetry & Photography · Process Controls & Instrumentation · Data Acquisition and Control Services (DACS) · Supervisory Control & Data Acquisition (SCADA) · Other Related Services EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED SCOPE D Classification Hourlv Rate Emplovees Identified Project Director (Principal) $145.00 Keith Jackson Gary Rayman C. Andre Rayman Client Services Manager $145.00 Lisa Tropepe Project Engineer $ 84.00 Kyle Grandusky Allen Green Designer $ 58.00 Olive Henry Senior Professional Surveyor/Mapper $ 90.00 Bob Wise Engineering/Survey Technician $ 67.00 Mike Brienza Survey Crew $116.00 Hector Gonzalez (3-person crew) Robert Fullwood Ed Colvin GPS Equipment & Crew $180.00 Hector Gonzalez Robert Fullwood Ed Colvin Senior Administrative Support $ 52.00 Thea W orthingstun Debbra Haynoski Tashia Kenty Administrative Support $ 44.00 Donna Lacourse David Bolton Paraprofessional $ 59.00 Christine Geffken Direct Costs - Mark-up % 10% Office, reproduction, mailing, etc. Direct Costs - Mark-up % Sub-consultants 10% EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED SCOPE C Classification Hourlv Rate Emplovees Identified Project Director (Principal) $145.00 K. Dan Shalloway Keith Jackson Brian LaMotte Gary Rayman C. Andre Rayman Client Services Manager $145.00 Lisa Tropepe Senior Project Manager $110.00 Terrence Bailey Project Engineer $ 84.00 Kyle Grandusky Allen Green Designer $ 58.00 Olive Henry Senior Professional Surveyor/Mapper $ 90.00 Bob Wise Engineering/Survey Technician $ 67.00 Mike Brienza Senior Field Representative $ 84.00 Position currently (Professional) vacant Hector Gonzalez GPS Equipment & Crew $180.00 Robert Fullwood ~ k~ J~ /OJ().cld Colvin Senior Administrative Support $ 52.00 Thea W orthingstun Debbra Haynoski Tashia Kenty Administrative Support $ 44.00 Donna Lacourse David Bolton Paraprofessional $ 59.00 Christine Geftken Direct Costs - Mark-up % 10% Office, reproduction, mailing, etc. Direct Costs - Mark-up % Sub-consultants 10% FILE No.411 12/03 '03 17:36 ID:ACORDIA WPB FAX: PAGE 1/ 1 . . .... ," .. ,..,.. AINMIIt. CJ;8TII;IOA lEOF INSUR~NeE .~~....... . !~HUO ISSUE DAfE (MMIOD'YY) >;L n 12/03/0] . , .. , ..... .."....:":. :.::-....:--..:.............,.... .. , ... , . ... . . ..... . . . ...... .. ...... ....... .", .-co-,',-,- ..-.....-.... .~. PRODuceA Tttl6 CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONfERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS c:a.TlFlCAlE ~CORDIA-WPB DIVISION DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AfFORDa) IIY THE POUCIES BELOW. 501 S. FLAGLER DR. #600 COMPANIES AFfORDING COVERAGE WEST PALM BEACH FL 33401-5914 PHN (56!) 655-5500 COMPANY A VALLEY FORGE INS CO ( CNA) "'AX (561) 655-5509 LETTER COMPANY B CNA (V.O. SCHINNERER) INSUf'ED LETTER SFRN, INC D B A COMPANY C CITIZENS PROPERTY INS CO SHALLOWAY ENGINEERING LETTER J.201 BELVEDERE ROAD COMPANY D CONTINENTAL CAS CO (CNA) ;lEST PALM BEACH, FL 33405 LeTTER COMPANY E LETTER ~'/;.' . ~- '''''''-'-''''''''. ''''j''-j''.<''';':'','' .'.-.....;-,.,;,-.-"..-......... ,.:: .:...;.:..:,.:....:,:...::,::::: ..:...:..,.' .::.:: :': ";:':~: :;: :~~::; ............ :,".-. .... ",...,....",...".. "."..."....... "., ,..".. ~~~oceRWT~~~~~B~~hflT5N~ml~~~~8>~I'C_~WF~~f8~.J> CERT~~tWY!l.kD ~~y PERT ~ E tNSU~NCe AFF~KieeY THE ICE6 SC 0 ~I SUBJE~ ALL TJ-lI: . EXCL SION AND e DfTIONS SUCH PO 6. llL4lT SHOWN MA HA BEEN CEO BY PAID CLA . 0 POLICY EFFECTIVE POl.ICY elll'lf'ATIO~ TYPe OF INSURANCE POLICY NUMe!!" LIMITS 'fA DATE (MMIDDIYY) DATE (MM'OD'YY) ,.. BENe"AL LIA8JlITY 1043219176\VALFOR 12/13/03 12/13/04 GENt:RAL AGGREaATE S 2 000 OO( ~RCIAL. GENERAL LIA8IL.1T~ PKOOvCTS-COMP'OP AGa. S 2 000 OO( I:.';,.:.. LAIMS MADE[i]OCCUR PERSONAL & AOV. INJURY S 1 000.00 !x---FER'5 & CONTRACTOR'S PAOT. EACH OCCURRENCIi S 1 000.00 X BLANKET ADDITIC FiRe OAMAae (Anyone 'U) . 1 000.00 NAL TNSUREn APF L.. ME O.ElCP.lI'ny ona par.on) . 10 001 P AUTOM081LE LIAD'UTY BINDER61190 12/1]/03 12/13/04 COMIlINt: 0 SING~1i - L ANY AUTO LIMIT S 1. 000. ooe An OWIlI.. 0 AUTOS IlOD.L Y .N.lUF!y L SCHEDul.IiO AUTOS (p... p.... .on) S L HIREO AUTOS 1l00.L. v INJURY L NON. OWNED AUTOS (per .lttlalmll S f-- flARAae LIABILITY PROPIORTY DAMAGE S P. DCESS lIA81l1TY 1043219176\VALFOH 12/13/03 12/13/04 fACM OCCUlItR"IlICE S 1 000 DOl q~MeRELL.A FOAM AGGRE.GATE . ..... I~ .;.,....,;....;.;'''.,.,~ OTH!!R THAN UM8RELLA FORM WORkER.. COMPENSATION r STATUTOAYlIMITS "'.""'.";;':'::.'.","'. fACH ACCIDeNT s o\ND D'Sl!!A6E .POLICY LIMIT . ~_LOYEA8' LIABILITY DISEASE .EACH fMf'LOY~E S ~ OTHqrONTENTS 1043219176\VALFO~ ~2/13/03 ~2/13/04 PER SCHEDULE B ];'ROF LIAB AEAOO4312292\CON1 105/29/03 P5/29/04 $1000000 PER CLAIM AGGREGATE CLAIMS MADE DEDUCTIBLE SIl 250 DI!6CRIPrION OF OPE"ATIONS/LOCAT'ONS/VEHICLeSlIlf'eCIAL ITEMS CERTIFICATE HOLDER IS AN ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY [0 DAYS NOTICE FOR NON PAYMENT OF PREMIUM 'Q!"TJ~TI;:.~.;... '::'.::::::,:: ......:...,.:,. ,':':,":'J'..:..,,:., :::':;::;;:.:.-:'" " ........", .. f~':-::VPfif; " .. .:..:..:...... ." 6HOlJI.O ANV Of THe A80vE Of SCRIBED PoLICES BE CANCELLED BEFORE ll1E EXPIRATION DATE THEREOf. THE ISSUING COMPANV WILL ENOfAVOA TO CITY OF BOYNTON BEACH MAil 3..0...- DAYS WRITTEN NOTICE TO THE CERTFICATE HOLDER NAMED To THE UTILITIES DEPARTMENT LEFT. BUT FA'LURE TO MAIL SUCH NOTICe SHAll. IMPOSE NO 0811GATlON OR 124 E WOOLBRIGHT RD UA8IUTY Of ANY KINO UPON lHE COMPANY, ITS AGElIITS OR REPRESf:NTATIVES. BOYNTON BEACH FL 33435 . -" . AUTH~~::;: _ _ .~ ~~~- ::~:.ii~~;:{,;, '2.>;?: .'...., '>\" :,.,:,.,...::.:.::,:"".:. .:..,..': .:.. "..""'..::..,.,,. &...---" Date: 12/4103 09'05 AM Page: 2 of 2 ACORD. CERTIFICATE OF LIABILITY INSURANCf;dJ~ y~ DATE IMM1DD1YYJ 12/04/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL Y AND CONfERS NO RIGHTS UPON THE CERTIFICATE USI Florida - Boca HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 301 Yamato Road ALTER THE COVERAGE AfFORDED BY THE POUCIES BELOW. Boca Raton FL 33431-4919 INSURERS AFFORDING COVERAGE Phone: 561-999-0232 Fax: 561-999-9526 INSURED INSURER A Associated Industries Ins. CO. INSURER ;: d/b/a Shalloway EnQineering INSURER C SFRN 1201 Belvedere Road INSURER :> West Pa~ Beach FL 33405 I INSURER ~ COVERAGES THE PC,-:C!ES CF :NSU.<;'ANCE ,-:S-:::: BEcCW HAVE EEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE "011CY PERIOD INDICATED. NOTWITHSTANDING M-JY REc,-n'E'/E:,T. TERM OR COND:T:O~I OF ANY CONTRACT OR OTHER COC'N~'iT WITH RESPECT TO WHIC., THIS CERTIFICATE MAY 6E ISSUED OR MAY PE.<;'TAIN. ~LlE iNSURANCE AFFORDED 8Y THE POLICIES DESCRIBED f-iEREIN is SUBJECT TO AlL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICiES AGGF-EGATE liMfTS SHO\'VN MAY H.A.VE BEEN REDUCED BY PAiD C~JMS ~ TYPE OF INSURANCE I ~ERALL/ABIlITY I COMro(~E~C;;'..L .::7ENERAL LA.6:i...!TY ~ C..A:MS M4CE l OCCUR ~ - POliCY NUMBER DATEI~ DATEI~ UlllTS ~ EACH OCCURRENCE ! $ I FIRE DAMAGE (Anyone "'.: $ MED EXP (Any 0"" p8r5C~: ! $ PERSONAl. & lJ.DV INJUiY : $ r GENERAl AGGREGATe ;- $ PRODUCTS - COMP/OP "88 $ i ~;'- ,o8G"o8-'\"E l'MITAPP,-=S Po!; i . FOLiCe! j~& n cOC ; AUTOMOBILE LIABILITY '- I :......~':r. 4L-: COMBINED SiNGlE L""iT [Ea accident) '$ ,----.-, .;,_~ C'V''';''E:) ALJT0S S:~2:";~::D AUTOS BOOIL Y INJURY [Per person) .....;R~:) .':'_,-~CS ~-,::-"J-C:-"V~',E~ AUTOS ; BODILY INCURY j (Per aCCldent) r PROPERTY DAMAGE ! {Per accIdent} GARAGE LIABILITY :..~~y ,;:_;:: I AUTO ONl Y - EA ACC;==~..--;- $ r 0 THER TH-'\N EA ;.CC: $ i AUTO ONl Y ~.'_"O $ EXCESS LIABILITY C:"AfMS VADE EACH OCCc..;RRE."~CE ::~:..,'::-:=~E AGGREGATE r "'<:: .... ~..; "-' '" WORKERS COAIPENSATlON AND ! eMPLOYERS' LIABILITY A 2003317197 , 1 07/01/03/ i I I }b~~l ~!fis ' ~~ 07/01/04 ~.L_ EACH ACC:C'E~..-r $ 1000000 ; 1000000 ; 1000000 E.L DISEASE - EA EMPL:vE= OTHER , E.L. DISEASE. f=OUCY L :v:~ I i I DESCRIPTION OF OPERATlONSIlOCATIONSIVEHlCLESIEXCLUSIONS ADDEO BY ENOORSEMENTISPECIAl PROVISIONS CERTIFICATE HOLDER N ADOITIONAlINSURED; INSURER LETTER' CU'YBOY CANCELLATION SHOUlD Atn OF THE ABOVE DESCRIBEO POLICES BE CANCEllED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOlDER NAMED 10 THE lEFT, BUT FAILURE TO 00 so SHALL _OSE NO OBLIGATION OR llAlllLlTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATl\lES. REPRESENTATIVE @ACORDCORPORATION 1988 City of Boynton Beach Attn: Barbara Conboy, Utilities Department 124 East Woolbright Road Boynton Beach FL 33~35 ACORD 25-S (7/97) EXHIBIT B ,INe Engineers Surveyors GIS Mappers K. DanielShalloway, P.E. Gary M. Rayman, P.S.M. Warren H. Newell Brian 1. LaMotte, P.E. Keith B. Jackson, P.E. Lisa A. Tropepe, P.E. Shlll/oWIIY Enginee,ing RECEIVI!D OCT 21_ Via Fax and Mail I I', . I I.: _ I ,1/ ! I ", , ~ . October 20,2003 Barbara Conboy, Manager Utilities Department City of Boynton Beach 135 E. Woolbright Road Boynton Beach, FL 33435 Re: Certified Letter #7003 1010 0000 6300 9521 Dated October 10, 2003 Dear Ms. Conboy: This is in response to your letter regarding our rates for GPS Equipment/Crew of $180.00. That rate is for a 3-person crew using a base station and 2 roving units. We will accept your rate of $71.68 for a 1-person crew using a sub meter accurate unit. Thank you very much for your consideration. Very truly yours, ~(J.~ Lisa A. Tropepe, P.E. Vice President LAT/cg 120 1 Belv~dere Road West Palm Beach, FL 33405 (561)655.1151 Fax 832.9390 info@sfrninc.com www.sfrninc.com CONBOY 09-23-03 SFRN #03018 l 1.. 80 t" or ,I nf. t,,'j'{tn GH St. ~CH ,\ \ '.,.:Y f.\_i_{') !~f\,C~ i.. \ \ ,,'~-'\' ~, - The City of BO nton Beach c; \)'t.c \ \ Pi~ 3: 5l\ Utilities Department 124 E, Woolbright, Road435 h flonda 33 BOyntOn Beae ' 742-6451 Phone (561) fAX (561)742-6298 O~ 1'~~S~\1'1' ~L L~1'1'~R I~ 1l~1'~: rnber 11, 2003 1'0: . Chi c\er~ Jal\et fral\\to, \"J . . Ser'l\Ces t Gener'\ Enlb'nee<'n\\ '1 'i ear contrac - R~'. s: ~11. '{1lf. l'OLLO~G f;~~\1'\\ ~JV" 'q tion I I The City of Boynton Beach czr C'jT\' OF P1YflTON BEi\CH L [y CL:.R~("3 CI:7F!CE Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6451 FAX: (561)742-6298 C30EC II PM 3: S4 LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 11, 2003 RE: 2 Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C D N D oples ate o. escnptlOn 1 Original Agreement - SFRN 1 Proof of Insurance REMARKS: Please provide a certified copy for the SFRN and file accordingly. CC: Procurement Services Karen Riseley SIGNED: &Jl G01!;J//'07 . K. Daniel Shalloway, P. E. Gary M. Rayman, P.S.M. Warren H. Newell Brian 1. laMotte, P. E. Keith B. Jackson, P.E. Lisa A. Tropepe, P. E. ~'NC. Engineers Surveyors GIS Mappers Shalloway Engineering December 4, 2003 Barbara Conboy, Manager City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 RE: CONSULTANT AGREEMENT SFRN PROJECT #03018 RECEIVED DEe - 8 2003 BOYNTONBMCHUTILtTlES Dear Ms. Conboy: Please find attached one original executed Agreement for General Consulting and Engineering Services as per your request. Also included are the required insurance certificates naming The City of Boynton Beach as additional insured. Upon completion please provide us with a certified copy of the fully executed Consultant Agreement. We look forward to working with you and the City of Boynton Beach. Sincerely, ~~ Lisa A. Tropepe, P.E. Vice President LA T Ithw Attachment 1201 Belvedere Rood, West Palm Beach, FL 33405 TEL: (561) 655-1151 FAX: (561) 832-93mONBOY 12-04-03 E M .1 . ! @! . !! I SFRN #03018 - 01: In/a S1fnlnc.com Ouicio Website: www.sfrninc.com G~ The Citq ol Bounton Beach City Clerk's OHice 100 EBOYNTON BrACH BLVD BOYNTON BrACH FL33435 (501) 742-6000 FAX: (501)742-6090 e-mail: prainitoj@ci.hoynton-beach.H.us www.boynton-beach.org December 29, 2003 Mr. Blake C. Guillory, P.E. Division Manager Post, Buckley, Schuh & Jernigan, Inc. 3230 Commerce Place, Suite A West Palm Beach, FL 33407 RE: Resolution #R03-182 plus attachments Dear Mr. Guillory: Attached please find a copy of the resolution mentioned above for General Consulting and Engineering Services made with Post, Buckley, Schuh & Jernigan, Inc. including attachments for your information and files. If you have any questions, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH C: Barb Conboy, Utilities Procurement Services Karen Risley America's Gateway to the Gulfstream TheCihl of Boqnton Beach CitlJ Clerk's OHice 100 EBOYNTON BEACH BLVD BOYNTON BEACH H..33435 (561)742-6060 PAX: (561)742-6000 e-mail: prainitoj@cibolJnton-beach1l.us www.boynton-beach.org CERTIFICATION ~t.:-' " I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached copy of Resolution #R03-182, consisting of 16 pages (including exhibits), is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. The agreement is for General Consulting and Engineering Services made between the City of Boynton Beach and Post, Buckley, Schuh & Jernigan, Inc. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 29th day of December, 2003. NET M. PRAINITO, CMC, CITY CLERK (SEAL) America's Gateway to the Gulfstream RESOLUTION NO. R03 _ /~.:;c A RESOLUTION OF THE CITY COMMISSION OF mE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING TWENTY COMPANIES AS GENERAL CONSULTANTS FOR ENGINEERING SERVICES; ACCEPTING NEGOTIATED RATES OF COMPENSATION FOR SERVICES; AUTHORlZlNG EXECUTION OF ; CONTRACTS; AND PROVIDING AN EFFECTIVE DATE. i , I : I I WHEREAS, the City Commission of the City of Boynton Beach, upon i I "recommendation of staff, hereby deems it to be in the best interests of the citizens and I residents of the City of Boynton Beach, to designate twenty engineering firms as being I I ; qualified to provide consulting engineering work for the City's Utility Department, and to accept negotiated rates of compensation for services, and authorize execution of contracts .th each of the twenty (20) companies; 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 does ereby designate the following twenty engineering finns as being qualified to provide onsulting engineering work for the City's Utility Department, accepts the negotiated rates of mpensation for services, and authorizes execution of agreements, as follows: Arcadis, Geraghty & Miller; Boyle Engineering Corporation; Brown & Caldwell Camp Dresser & McKee, Inc.; CH2M Hill, Inc.; Craig A. S:iDith & Associates; Crossroads Engineering, Inc.; Global Tech, Inc.; Hartman & Associates, Inc.; KimJey-Hom & Associates, Inc.; LBFR, Inc.; :\CA\RESO\Agreemenls\Consultant - Engineering Services 110403.doc Lawson, Noble & Webb, Inc.; Marco Water Engineering; Matthews Consulting, Inc.; Metcalf & Eddy, Inc.; PBS & J Corporation; SFRN, Inc.; Stanley ConsuJtants~ Inc.; URS Corporation; Wantman Group, Inc.; Section 2. This Resolution shall become effective immediately Upon passage. PASSED AND ADOYfED this -ti- day ofNovember~ 2003. CITY OF BOYNTON BEACH, FLORIDA P Commissioner S;\CA\REsO\Agreements\Consu1tant - EngIneering ServIces 110403.doc I( () 3-(1~ AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to @ as "City", and -rnS&J. hlG. d/b/a PBS&J, hereinafter referred to as "Consultant", in . consideration ~e mutual benefits, terms, and conditions hereinafter specified. msI. ~UC1<LEY. SCHUH & )ERNIGAN, INC. ~- WHEREAS, the City issued a Request for Qualifications invitation for Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No.065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on No fl. /( , 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C 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 consulting and 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. CA-I 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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. Certfficates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINA TION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON- 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. 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 of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: 7:?/ake.. &LA:/!ofll /~/5'. t Vlu/'<:;.;c,"^ M~'^"'r ~...- L1 3" ~ 3 (") c: CJ yr--. ...... ~ v- LsL- /J;: ~ , Sf<=- /f , lJe>s:T ~/v.-, 6-etA.e--h J/C'L 33407 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. CA-5 DATED this ~ day of ~o"eM!Qe( ,20~. CITY OF BOYNTON BEACH ~ Kurt Bressner, CIty Manager Attest! Authenticated: frJ, Offi Rev. 04/08/03 CA-6 PBS&J LA.~ Consultant Richard A. Wickett C1airman of the Board Title (Corporate Seal) Attest! Authenticated: fL~ J. j~ Becky S. Schaffer SecretarY EXHIBIT A SCOPE C: INFRASTRUCTURE IMPROVEMENTS . Water Main Replacement . Interconnections . Sanitary Sewer Line, Repair, Rehabilitation, Replacement . Inflow & Infiltration Studies/Repair . Wastewater Pump Station Rehabilitation/Expansion & Analysis . Pump Sizing/ExpansionlImprovements . Stormwater Management . Swale and Drainage Development/Improvements . Outfalls . Roadway and Transportation . Neighborhood Improvements . Lighting . Sidewalks . Park Amenities . Other Related services " EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Employees Rate Identified Project Director (principal) $185.00 Blake Guillory,P .E. Bob Morell, P.E.,D.E.E. Bob Ortiz, P.E., D.E.E. Ken Wilson, P.E., D.E.E. Gerald Carrigan,P.E. Moris Cabezas,PhD.P .E.D .E.E. Larry Hentz,P.E.,D.E.E William Brown, AlA, UBCI Client Service Manager $185.00 Blake Guillory, P .E. Senior Project Manager $150.00 Patricia Carney, P .E. Phillip Dover, P .E. Douglas Dycus,P.E. JoAnn Jackson, P.E. Raul Mercado, P .E. Doug Norris, P .E. Steve Starr, P.E. Bill Whidden, P .E. Wayne Mather,P.E.D.E.E. Prasad Chittaluru,PhD.P .E. Hermann Konrad, P .E. David Carter,CCE,EI Enrique Gonzalez Bernard Ward Norris Smith Project Engineer $ 95.00 Christopher Niforatos, P.E. Joe Diaz,P.E. Sara Sciotto,P.E., Kathleen Farrell,P.E. Jason Garz,P.E. Jeremy McBryan, P.E. Scientist $ 70.00 Adam Gelber Mark Henry Senior Desismer $ 60.00 Mike Hellyer Desismer $ 55.00 Alex Delgado SeniorEngineerlHydrogeologist $130.00 GeofIBurke, P.G. Phillip Cook,P .G. EngineerlHydrogeologist ' , $ 95.00 Kevin Dorsey, P.G. (TechnicaISpecialist) Senior ProfeSsional Surveyor/Mapper $1~ Carlos DelValle, P.S.M. l~s.O~ ,-- ~k~ /0./10 'OS EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Employees Rate Identified Professional Surveyor/Mapper $132.00 Roberto Mantecon, PSM losd' ~ (~ikr b'/b(iJ Engineering/Survey Technician $ 70.00 Alexis Rodriguez Raul Perez de Alejo Senior Field Representative $ 77.00 David Carter, CCE,EI (professional) Enrique Gonzalez Juan Moreno Armando Arnet, ill UBCI,SBCCI Survey Crew 4-person crew $153.00 VariOllS individuals 3-person crew $127.00 2-person crew $100.00 GIS Specialist $ 95.00 Patrick Sipple . Diana Umpierre Graphics Specialist $ 70.00 Marion Kase Julie Forgione Senior Inspector $~ Joseph Salazar, SET qoCiJ Armando Arnet, ill, UBCI,SBCCI ~/e~ 16./(,($ GPS Equipment $ 35.00 Gerald Sanders Raul Torres Allen Welch Senior Administrative Support $ 52.00 Sharon Durick Administrative Support $ 40.00 Adele Forman \. \ EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Employees Rate Identified Paraprofessional N/A Aerial Photogrammetry N/A Computer System Analysis $ 80.00 Shane McIntyre David Stackhouse Rate Study $ t66:OO Marc Wa1ch /{x:/b Donna Huey ~ Ie jJp,. blCnU3 Financial Services $ 170.00 Karen Keese Marc Wa1ch Instrumentation and Control Services $ 140.00 Daniel Schmidt, P .E. Human Resource Services N/A Data Acquisition and Control Services N/A Direct Costs - Mark-up % Actual Copy Office, reproduction, mailing, etc. Cost Mail Fax Phone Mileage $0.36/mi. Direct Costs-Mark-up % sub- 1.10 Hillers Electrical Consultants Engineering, Inc. Sunshine \. \ Communications EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Employees Rate Identified Senior Right of Way Agent $ 95.00 Rudy Mirjah Jim Durako Eric Watkins Right of Way Agent $ 80.00 Deborah KorIeski Adam Stehly Planner $115.00 Dale Siska, AICP Erin Degutis, AICP, ASLA Junior Engineer $ 75.00 Sarah Houghland, E.I. Holly Urban, E.I. Brent Whitfield, E.I. Landscape Architect $110.00 David Larson, RLA Harry Belton, RLA Senior Architect $115.00 Gary Smith, AlA Jay Anderson, AlA JeffWannington, AlA Architect $ 80.00 Lori-Ann Ridley Alex Camps Paul Sinnnonds , . \. \ PBS' ~ EXHIBIT B An employee-owned company October 16, 2003 RECEIVED OCT 2 l 2003 BOYRTONBCHUTIJ.\lIES Ms. Barbara Conboy Manager, Utilities Administration City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Subject: Re-examination of Proposed Billing Rates Scope C: Infrastructure Improvements and Repairs General Consulting and Engineering Services Contract Dear Ms. Conboy, Weare in receipt of your October 10, 2003 letter requesting re-examination of rates for certain billable classifications. We offer the following adjustments: Classification Adjusted Rate Senior Professional Surveyor/ Mapper $125.00 Professional Surveyor/Mapper $105.00 Senior Inspector $90.00 Rate Study $160.00 These rates, while still above the City's average rates, are below the 20 percent threshold. We trust that this information will be acceptable to the City. If you have any further questions, please do not hesitate to call us. Sincerely, ?r~ Vice President, Division Manager Cc: Peter V. Mazzella, P.E. 3230 Commerce Place, Suite A · West Palm Beach, Florida 33407 · Telephone: 561.689.7275 . Fax: 561.689.3884 . www.pbsj.com ACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDllIYYYY) 12/05/2003 PRODUCER (305)822-7800 FAX 3058270585 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA TJON Collinsworth, Alter, Fowler, Dowling ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR & French Group Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 9315 Miami lakes, Fl 33014-9315 INSURERS AFFORDING COVERAGE NAlC# INSURED Post, Buckley, Schuh, & Jernigan, Inc. INSURER A: Continental Casualty Company A XV d/b/a PBS&J INSURER B: American Casualty Co Reading A XV 2001 NW 107 Avenue INSURER c: lloyds of london A- XV Miami, FL 33172-2507 INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWl11-ISTANDING PNY REQUIREMENT, TERM OR CONDITION OF PNY CONTRACT OR OTHER DOCUMENT WITI-I RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~ ~~} TYPE OF INSURANCE POlICY NUMBER POlICY EFFECTIVE POliCY EXPIRATION LIMITS GENERAL LlABlLrTY Gl247843206 09/30/2003 09/30/2004 EACH OCCURRENCE $ 1,000,000 - X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 1,000,000 - tJ CLAIMS MADE [!] OCCUR MED EXP (AIr)! ooe porson) $ 25,00C A X Contractual liab PERSONAL & ADV INJJRY $ 1, 000, OOC f-- 2,000,OOC GENERAl AGGREGATE $ - GEN'L AGGREGATE LIMIT APPLIES PER: PRODLK:TS. COMP/OP AGG $ 2, 000, OOC ~ POLICY [Xl ~a [XlLOC AUTOMOBILE LlABlLrTY BUA247843223 09/30/2003 09/30/2004 COMBINED SINGLE LIMIT X (Ea acddenl) $ 1, 000, OO<J ANY AUTO X ALL OWNED AUTOS BODILY INJURY - (Po, porson) $ SCHEDLlED AUTOS A - X HIRED AUTOS BODILY INJURY X (Po, accident) $ NON-OWNED AUTOS X Contractual Liab PROPERTY DAMAGE - (Po, accidenl) $ GARAGE LlABlLrTY AUTO ONLY. EA ACCIDENT $ =1 ANY AUTO OTHER THAN EA ACC $ AUTO ONl. Y: AGG $ EXCESSlUMBRELlA LlABlLrTY CUP2068179760 09/30/2003 09/30/2004 EACH OCCURRENCE $ 10, 000, OOC ~. OCCUR 0 CLAIMS MADE AGGREGATE $ 10,000,OOC A $ ~ DEDUCTIBLE $ X RETENTION $ 10,00C $ WORKERS COMPENSATION AND WC247843268 09/30/2003 09/30/2004 X I ~{[~"Ws I 10TH- ER EMPLOYERS" LIABUTY EL EACH ACCOENT $ 1,000,00<J B ANY PROPRIETORlPARTNERlEXECunVE OFFICERlMEMBER EXCLUDED? NO EL DISEASE. EA EMPLOYEE $ 1,000, roc W~i;~t~g~r~ bolow EL DISEASE. POLICY LIMIT $ 1 000.000 P~Pessional/Pollutio P42303 09/30/2003 09/30/2004 $1,000,000 limits C rt liability Ea Claim and Annual Aggregate CLAIMS-MADE FORM 11/11/1961 Retrodate ~~ESCRJPTlON OF OPERATIONS' LOCATIONS 'VEHICLES' EXCLUSIONS ADDED BY ENDORSEMEI'lT' SPECIAL PROVISIONS e: 065-2821-03/CJD rhe City of Boynton Beach is named as additional insured on the General 1 iabil ity, excluding )rofessional services. Issuing companies will provide 30 days written notice of cancellation. un. n~.. I.Il.Tlnt./ SHOULD AN'( OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Boynton Beach, City of ...J2.... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOlDER NAMED TO THE LEFT, Attn: Paul Fleming BUT FALURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBlIGATION OR LIABLrTY 124 E. Woolbright Road OF AN'( KIND UPON THE INSURER, ITS AGENTS OR REPRESEI'lTATlVES. Boynton Beach, Fl 33425 AUTHORIZED REPRESENTATIVE ~.,b:.Q~ Meade Collinsworth/EEC ACORD 25 (2001/08) @)ACORD CORPORATION 1988 IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGA TlON IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) The City of Boynton Beach ((( Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561)742-6298 !......,..,., <":i Y Or ern; c,BOYNTON i..ERK's or8fACH 03Dfe FleE I S PH 3: 36 OFFICE OF THE DIRECTOR OF UTILITIES LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 12, 2003 RE: 2-Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C . D N D oples ate o. escnptIon 1 Original Agreement - PBS & J 1 Proof of Insurance REMARKS: Please provide a certified copy to PHS & J and file accordingly. CC: Procurement Services Karen Riseley SIGNED: UG,flc/ /;J /;)03 .PBS' ~ An employee-owned company Dec. 11, 2003 Barbara Conboy Manager, Utilities Administration City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 RE: Consultant Agreement for Two-Year General Consulting and Engineering Contract Dear Ms. Conboy: Enclosed is executed original of the above referenced Consultant Agreement as required. Also included is the Certificate of Liability Insurance, naming the City of Boynton Beach as additional insured, per Attachment 'A'. Please provide a certified copy ofthe fully executed Consultant Agreement for our records. Sincerely, ~~Z; Division Manager Enclosures (2) 3230' Commerce Place, Suite A · West Palm Beach, Florida 33407 · Telephone: 561.689)275 . Fax: 561.689.3884 . www,pbsj,com The City of Boynton Beach err ~ i'" '...... ,-- - n"..... ~ ..! ~ -..., ".r. ! dr [;1;; "I i uN P::-A i"'LI ," '~'V "I _.~,,,. ,.,,_1-'<'...1 \. I I l, ... 'i' ~ ('; r. r: r (',,- -- .-.1 \. \,J "'"': I I ,...;t. Utilities Department 124 E, Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6451 FAX (561)742-6298 C3 DEe II PH 3; 54 LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 11, 2003 RE: 2 Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C D N D oples ate o. escnptlOn 1 Original Agreement - Wantman Group, Inc. 1 Proof of Insurance REMARKS: Please provide a certified copy for the Wantman Group and file accordingly. CC: Procurement Services Karen Riseley SIGNED: U ~ b))O~ c~:rhe City of Bovnton Beach l~ City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@cLboynton-beach.t1.us www.boynton-beach.org December 16,2003 Mr. David Brobst Client Services Manager Wantman Group, Inc. 901 Northpoint Parkway, Suite #204 West Palm Beach, FL 33407 RE: RESOLUTION #R03-182 - SCOPE C -INFRASTRUCTURE IMPROVEMENTS Dear Mr. Brobst: Attached please find a certified copy of the resolution mentioned above including attachments for your files. If you have any questions concerning this, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH ET M. PRAINITO, CMC, CITY CLERK C: Barb Conboy Procurement Services Karen Riseley America's Gateway to the Gulfstream The City of Bovnton Beach City Clerk's Office 100 E BOYNfON BEACH BLVD BOYNfON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org CERTIFICATION I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that a copy of Resolution R03-182 consisting of two pages plus 13 attachments are true and correct copies as they appear in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 16th day of December 2003. .~ ET M. PRAINITO, CMC, CITY CLERK S:\CC\WP\certifications\certification - JP - sailfish.doc America's Gateway to the Gulfstream RESOLUTION NO. R03 _ / ~:;z... A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING TWENTY COMPANIES AS GENERAL CONSULTANTS FOR ENGINEERING SERVICES; ACCEPTING NEGOTIATED RATES OF COMPENSATION FOR SERVICES; AUTHORIZING EXECUTION OF CONTRACTS; AND PROVIDING AN EFFECTIVE DATE. , . I i i , I I! I jrecommendation of staff, hereby deems it to be in the best interests of the citizens and ; I ! residents of the City of Boynton Beach, to designate twenty engineering firms as being I , WHEREAS, the City Commission of the City of Boynton Beach, upon qualified to provide consulting engineering work for the City's Utility Department, and to accept negotiated rates of compensation for services, and authorize execution of contracts with each of the twenty (20) companies; 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 designate the following twenty engineering firms as being qualified to provide consulting engineering work for the City's Utility Department, accepts the negotiated rates of compensation for services, and authorizes execution of agreements, as follows: Arcadis, Geraghty & Miller; Boyle Engineering Corporation; Brown & Caldwell Camp Dresser & McKee, Inc.; CH2M Hill, Inc.; Craig A. Smith & Associates; Crossroads Engineering, Inc.; Global Tech, Inc.; Hartman & Associates, Inc.; Kimley-Horn & Associates, Inc.; LBFH, Inc.; S:\CA\RESO\Agreements\Consultant - Engineering Services 11 0403.doc Lawson, Noble & Webb, Inc.; Marco Water Engineering; Matthews Consulting, Inc.; Metcalf & Eddy, Inc.; PBS & J Corporation; SFRN, Inc.; Stanley Consultants, Inc.; URS Corporation; Wantman Group, Inc.; Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this -ti- day of November, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA p~ ."~ . Commissioner S:\CA\RESO\Agreements\Consultant - Engineering Services 110403.doc Ii D 3/1~~ AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Wantman Group. 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and . WHEREAS, the City Commission on Nfl 1/, /1 , 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C 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 consulting and 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. CA-l 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional s~ce does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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 capcellation 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON- 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. 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 ofthe 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 ofthis 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 sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: WantmanGroup. Inc. 901 NorT.hpoinT. Pkwy, 8T.p.. ?,04 West Palm Beach, FL 33407 Attn: David Brobst. Client Services Manager 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. CA-5 DATED this ~ day of N CVeM her , 20 63 . CITY OF BOYNTON BEACH ~ Kurt Bressner, CIty Manager Attest! Authenticated: Rev. 04/08/03 CA-6 Title ~ (Corporate Seal) Attest! Authenticated: ~".~~ - Secretary EXHffiIT A SCOPE C: INFRASTRUCTURE IMPROVEMENTS . Water Main Replacement . Interconnections . Sanitary Sewer Line, Repair, Rehabilitation, Replacement . Inflow & Infiltration Studies/Repair . Wastewater Pump Station Rehabilitation/Expansion & Analysis . Pump SizinglExpansion/Improvements . Stormwater Management . Swale and Drainage DevelopmentJImprovements . Outfalls . Roadway and Transportation . Neighborhood Improvements . Lighting . Sidewalks . Park Amenities . Other Related services , '\ \, EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Project Director (Principal) $150 Joel Wantman, P .E. President and Chief Executive Officer with involvement in more complex technical or administrative issues. Client Service Manager $130 David Brobst, P .E. P .E. with more than 25 years experience who will be the City of Boynton Beach's primary contact. Senior Project Manager $120 David Wantman, P .E. P.E. or P.S.M. with more than 15 Robin Petzold, P.S.M. years experience who will lead individual work assignments. Project Engineer $85 Jeremy Botto, E.I. P.E. or E.I. with an Engineering John Hall, E.I. Degree who will complete Jimmy Richie, E.I. assignments. Derek Schenavar, E.I. J. D. Whitaker, E.I. Scientist N/A Senior Designer N/A Designer N/A Senior Engineer/Hydrogeologist N/A Engineer/H ydrogeologist(T echnical Specialist) N/A Senior Professional Surveyor/Mapper $110 Joe Shatto, P.s.M. P.S.M. with more than 20 years Pat Volpe, P.S.M. experience who will complete assignments. Wantman Group, Inc. 2003 Rates 3 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Professional Surveyor/Mapper $85 Mitch Jarrells, P.S.M. P.S.M. or L.I.T. with more than 5 years experience who will complete assignments. Engineering/Survey Technician $75 Jason Alvarez Non-registered individual who will Joanne Brito complete assignments. Paul Colburn Senior Field Representative (Professional) N/A Survey Crew $165 4 man crew Field survey crew led by a party chief $130 3 man crew than may contain one or crew $100 2 man crew members. GIS Specialist N/A Graphics Specialist N/A Senior Inspector $75 George Price, G.c. Individual who does not have a degree and who will be observing and/or administering construction activity. GPS Equipment Senior Administrative Support $45 Kate Fontaine Administrative Support $30 Rachel TerMors Wantman Group, Inc. 2003 Rates 4 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Paraprofessional N/A Aerial Photogrammetry Will be handled as a subconsultant. Computer System Analysis N/A Rate Study N/A Financial Services N/A Instrumentation and Control Services N/A Human Resource Services N/A Data Acquisition and Control Services N/A Direct Costs - Mark-up % 10% Office, reproduction, mailing, etc. Direct Costs - Mark-up % sub- 10% Stephen Boruff, Inc consultants Land Design South, Inc. Smith Engineering Consultants Tierra, Inc. Bridge Design Associates, Inc. Wantman Group, Inc. 2003 Rates 5 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Senior Project Engineer $100 Jerry Saval. P.E. P.E. or P.S.M. with more than 10 Gary Williams, P.E. years experience who will lead individual work assignments. Utility Locates "Soft Dig" $180 N/A Wantman Group, Inc. 2003 Rates 6 ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MMlDD/YY) 12/04/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa, FL 33622-2668 813 289-5200 INSURERS AFFORDING COVERAGE INSURED INSURER A: St. Paul Fire & Marine Wantman Group, Inc. INSURER B: St. Paul Fire & Marine 901 Northpoint Pkwy, Suite 204 INSURER c: Security Ins of Hartford West Palm Beach, FL 33407 INSURER D: I INSURER E: Client#. 5436 WANTGR03 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE iNSURED NAMED ABOVE FOR THE POLICY PERIOD iNDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMiTS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS. ~~: TYPE OF INSURANCE POLICY NUMBER P81'fY EFFECTIVE P~iifl,~S!~~N LIMITS A ~NERAL LIAB'UTY BK01289571 10/18/03 10/18/04 EACH OCCURRENCE $1 000000 ~ OM ERCIAL GENERAL L1AB ILITY FIRE DAMAGE (Anyone fire) $300 000 f-- CLAIMS MADE [X] OCCUR MED EXP (Anyone person) $10.000 f-- PERSONAL & mv INJURY $1 000.000 f-- GENERAL AGGREGATE $2 000 000 n'L AGGREfl LIMIT APPLIES PER: PRODUCTS .COMP/OP AGG $2 000 000 POLICY ~~RT n LOC B ~OMOBILE UABILlTY BA01574641 10/10/03 10/10/04 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea accident) $1,000,000 - ALL OWNED AlJTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - ~ HIRED AlJTOS BODILY INJURY ~ NON-OWNED AUTOS (Per aoddent) $ PROPERTY DAMAGE $ (Per accident) RRAGE LlABIUTY AUTO ONLY - EA ACCIDENT $ At-lY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS UABILITY EACH OCCURRENCE $ D OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND WVA772901 09/18/03 09/18/04 IT1.~~T~J,\i.-., I iOJ);!- EMPLOYERS' L1ABIUTY $1.000,000 E.L. EACH ACCIDENT E.L. DISEASE. EA EMPLOYEE $1,000,000 E.L. DISEASE . POLICY LIMIT $1.000.000 C OTHER AEE0223978 07/01/03 07/01/04 $1,000,000 ea claim Professional $2,000,000 ann agg ...iabilitv DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability is written on a claims made basis. CERTIFICATE HOLDER I I ADDITIONAlINSURED"NSURERLETTER: CANCELLATION SHOULD ANYOF TH E ABOVE DESCRIBED POlICIES BE CANCELLED BEFORE TH E EXPIRAllON The City of Boynton Beach DATE THEREOF, THE ISSUING 'NSURER WILL ENDEAVOR TO MAIL 30....- DAYS WRITTEN 124 E. Woolbright Road NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TODOSOSHAlL Boynton Beach, FL 33435 IMPOSE NO OBLIGATION OR LIAS 11ITY OF ANY KIND UPON THE 'NSURER,ITS AGENTS OR REPRESENTATIVES. AA.RIZED REPRESENTATIVE I _..~- t:: ..:7. *. - ~ ACORD 25-S (7/97)1 of 2 #582072/M79951 KDR @ ACORD CORPORATION 1988 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Paraprofessional N/A Aerial Photogrammetry Will be handled as a subconsultant. Computer System Analysis N/A Rate Study N/A Financial Services N/A Instrumentation and Control Services N/A Human Resource Services N/A Data Acquisition and Control Services N/A Direct Costs - Mark-up % 10% Office, reproduction, mailing, etc. Direct Costs - Mark-up % sub- 10% Stephen Boruff, Inc consultants Land Design South, Inc. Smith Engineering Consultants Tierra, Inc. Bridge Design Associates, Inc. Wantman Group, Inc. 2003 Rates 5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/97)2 of 2 #S82072/M79951 The City of Boynton Beach cr Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6451 FAX: (561)742-6298 'r~. , ',' /1.: .... . ,. ,:'~ . ~.""l l ';:" 1'/:>- , . {;~ 0/1 r-._ .';f. . \ /.... Or ., ....'.. /"\ "y." <c',:,,-,.:;')J.J . ~ '. /...., 'i '.'/l. -. i. f\.. '., (,' LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 23, 2003 RE: 2 Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: Copies Date No. DescnptlOn 1 Original Agreement - Hartman & Associates 1 Proof of Insurance REMARKS: Please file accordingly. CC: Procurement Services Karen Riseley SIGNED: ~~t /2,23-03 IV () ,3-llf/'~ , AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Hartman & 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on IV HI, It, 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C and one of nine (9) qualified consulting firms for Scope D 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 consulting and 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. CA-l 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C and one of nine (9) consulting firms for Scope D 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) of services contemplated under this agreement and that it will retain and assign qualified profes~ionals 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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 general1iability 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON- 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. 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 of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: I-!af~()17 +- Asoc/~~s, 'JS;e-, /,- do I ~ocJr;?~ Sk:..-tJ~/t;; 2/ocJo I Ot{pV1~f), ~L ~? FO / I - 111&: J: hi es aYi'~hur, U~ fJ-c4/ct.;- / 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. CA-5 DATED this ~ day of NDvember CITY OF BOYNTON BEACH ~ Kurt Bressner, City Manager Attest! Authenticated: Rev. 04/08/03 ,20 0.3. v;~ fh-~/'IV1r J Title (Corporate Seal) CA-6 EXHIBIT A SCOPE C: INFRASTRUCTURE IMPROVEMENTS . Water Main Replacement . Interconnections · Sanitary Sewer Line, Repair, Rehabilitation, Replacement · Inflow & Infiltration Studies/Repair · Wastewater Pump Station Rehabilitation/Expansion & Analysis · Pump Sizing/Expansion/Improvements · Stormwater Management · Swale and Drainage Development/Improvements . Outfalls · Roadway and Transportation · Neighborhood Improvements . Lighting . Sidewalks . Park Amenities . Other Related services SCOPE D: ANCILLARY STUDIES and SERVICES · Rate Analysis · Accounting Procedures · Revenue Bonds · Risk Management · Employee Training · Performance Measurement & Organizational Management · NPDES Permitting · Vulnerability Assessments · Master Plan Updates · Clean Air Act Compliance · Consumer Confidence Report · Consumer Satisfaction Survey · Wastewater Capacity Analysis · Hydraulic Analysis · Power Analysis · Geographic Information Systems · Aerial Photogrammetry & Photography · Process Controls & Instrumentation · Data Acquisition and Control Services (DACS) · Supervisory Control & Data Acquisition (SCADA) · Other Related Services . EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Project Director (Principal) $225.00 James Christopher, P.E. 19:5.~3 ~ If,iJ?-r- JO-.J2.C6 Client Service Manager $160.00 Ralph Terrero, P.E., DEE Senior Project Manager $150.00 Rod Cashe, P .E. Troy Layton, P .E. Jill Hudkins, P.E. Project Engineer $85.00 Jarrett Kinslow, E.I. Burl Reardon, E.I. Brian Foulkes, E.I. Scientist $85.00 Alexis McKinnon Kirsten West Senior Designer $95.00 Scott Neumeyer Tim Calzaretta Designer $70.00 Karl Bryant Eliezer Cuevas Senior EngineerIHydrogeologist $160.00 Jon Fox, P.E. i Lj3c} John Toomey, P.E. ~ Idler be2). 03 Douglas Dufresne, P.G. EngineerIHydrogeologist $120.00 Charles Parker, P .E., (Technical Specialist) 1/800 Lauren Springer, P .E. ~ leJlQr /0.:12.63 Senior Professional Surveyor/ Subconsultant Mapper 3 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Professional Surveyor/Mapper Subconsultant Engineering/Survey Technician Subconsultant Senior Field Representation $160.08- Emmett Owens, P .E. (Professional) JI'SeJ) ~ I-Ltw IC)'):J.CD Survey Crew Subconsultant GIS Specialist Analyst $70.00 Betty Morris Graphics Specialist $75.00 Jon Owen Senior Inspector Subconsultant GPS Equipment Senior Administrative Support $60.00 Sharon Angel Jean Valadez Administrative Support $55:00 Michelle Ramos 5,; .2 5 Mary Beth Ellis ~ leJ.#er /O.J.2.og 4 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Paraprofessional $65.00 Sally Alfieri Ann Gawthrop Aerial Photogrammetry Computer System Analysis $95.00 Tim Calzaretta Rate Study/ $120.00 Tara Hollis, CPA, MBA Management Consultant Financial Services/ $170.00 Mike Rocca, CMC Division Manager Instrumentation and Control Subconsultant Services Human Resource Services Data Acquisition and Control Subconsu1tant Services Direct Costs - Mark-up % ~ Office, reproduction, mailings, etc. ID90 5~ /fJ#rr ID.,)t) 03 Direct Costs - Mark-up % +5% Subconsultant /010 :5fLe, Ji!_Jl.()r /o.JJ.-03 5 EXHIBIT B HARTMAN & ASSOCIATES, INC. OFFICERS engineers, hydrogeologists, surveyors & management consultants A Tetra Tech Company ASS()ClATES' Gerald C Hartman, FE.. DEE Harold E. Schmidt.Jr.. PI:., DEE .lames E. Christopher. PE Charle~ W. Drake. P(; 1\l;)rk A. Rvnning, I~E" \UtA \Villiam '), -'lasser, FE.. PII Michael B. Bomar. PE Lawrence E..Ic:nkins. PS.\l SE'\lI()R ASS()(:IATI:S HAl# 03.0190.MOO lames E. (,okkn, PC; Anl!rt'w'!', \'('oodcock.I~E_, .'.t.B.A. John P Toomey, PE Jen;lifer 1.. \Xioodail. P E LTodd Shaw. PE. Rafad A. Tcrn.:ro. FE.. DEE Jill .\1. HlHJkins. PE. Daniel ,\1. :'\Je1s011. PE Valerie C. Davis. pc.; Charles .\1. Shultz. PE Sean M. Parks,AICI~ QEP C \lichdle (;;1\'101"<.1 rara 1.. Hollis. C.PA., ,\{B.A \V. Bruce Lafrenz. PC; -\il'xis K. Stewart. PE Ada R. Terrero October 22, 2003 Marco II. Rocca. CM,C Roderick K. Castw. PE Douglas P I>ufn:sne, PC; Jon D. Fox, PE Tro, I. LtYl<HJJi(i1tacsimile & UPS Overnight Mail Ms. Barbara Conboy Manager, Utilities Administration City of Boynton Beach 124 E. Woolbright Road Boynton Beach Florida 33435 RECEIVED OCT 2 3 21m BOYtfI'OHE\CHUTIUDES Subject: General Consulting and Engineering Services Dear Ms. Conboy: This letter is in response to your letter of October 10, 2003, relative to the billing rates submitted to you for the proposed continuing engineering contract under scopes C and D of your Request for Proposals. We have reviewed the rates for the classifications in question and are providing to you below our proposed modified rates for these classifications. In general, I have used the rate for the similar classification that is on our current hourly rate schedule of our existing contract or if that rate was in excess of the 20 percent you indicated in your letter, I reduced the proposed rate to the average plus 20 percent. The revised rates are summarized below: Classification Proposed Rate $193.33 $143.00 $113.00 $115.00 $ 52.25 10 percent Project Director (Principal) Senior EngineerIHydrogeologist EngineerIHydrogeologist (Technical Specialist) Senior Field Representative (Professional) Administrative Support Direct Cost - Markup We trust that the revised rates proposed above will be acceptable to the City in accordance with the guidance provided in your letter. If further revisions are required, please feel free to contact me. Very truly yours, mes E. Christopher, P.E. Vice President JEC/sma/03.0190.MOO/corresp/Conboy-2.jec.doc cc: Ralph A. Terrero, P.E., DEE, HAl Michele Gaylord, HAl 201 EAST PINE STREET . SUITE 1000 . ORLANDO, FL 32801-2723 TELEPHONE (407) 839-3955. FAX (407) 839-3790. www.consulthai.com A TETRA TECH COMPANY (Offices Nationwide) ORLANDO FORT MYERS FT. LAUDERDALE JACKSONVILLE DESTIN ATlANTA ACORDN CERTIFICATE OF LIABILITY INSURANCE OP 10 L~ DATE (MM/DDIYYYY) HARTM-1 09/09/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lyons Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Powdermill Square HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3844 Kennett Pike, Suite 210 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wilmington DE 19807 Phone: 302-658-5508 Fax:302-658-1253 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Fire Insurance Co. 19682 INSURER B: Twin City Fire Insurance Co. Hartman & Associates, Inc. INSURER C: American Intl. Special tv Lir es 201 East Pine St. Su~te 1000 INSURER D: Orlando FL 32801 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY DATE (MM/hDNYi' LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 I-- A X X COMMERCIAL GENERAL LIABILITY 44UUNFU3205 10/01/03 10/01/04 PREMISES (Ea occurence) $ 300000 f-- :=J CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10000 f-- PERSONAL & ADV INJURY $ 1000000 I-- GENERAL AGGREGATE $ 2000000 I-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000 n . !xl PRO- n POLICY X JECT LOC AUTOMOBILE LIABILITY 10/01/031 COMBINED SINGLE LIMIT $ 1,000,000 f-- A X ~ ANY AUTO 44UENFU33 0 1 10/01/04 (Ea accidenl) ALL OWNED AUTOS BODILY INJURY I-- $ SCHEDULED AUTOS (Per person) f-- ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) f-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5000000 A X 8 OCCUR D CLAIMS MADE 44XHUFU0785 10/01/03 10/01/04 AGGREGATE $ 5000000 $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I TORY LIMITS I IUlH- ER B EMPLOYERS' LIABILITY 44WBRMP3350 10/01/03 10/01/04 E.L. EACH ACCIDENT $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? 44WNMP3351 10/01/03 10/01/04 E.L. DISEASE - EA EMPLOYEE $ 1000000 If yes, describe under EL. DISEASE - POLICY LIMIT $ 1000000 SPECIAL PROVISIONS below OTHER C Profess./Pollution 1952583 10/01/03 10/01/04 See Below For Limits E&O Leaal Liab DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS LIMITS: $5,000,000 Ea. CL./$5,OOO,OOO Agg. and $250,000 Retention Ea. Cl. CLAIMS MADE FORM: Maximum for all claims during the policy year.Cert. holder is named as additional insured as respects general liabili ty and automobile liability coverages only. . CERTIFICATE HOLDER City of Boynton Beach c/o H. Barbara Conboy Utilities Department 124 E Woolbright Road Boynton Beach FL 33435 CANCELLATION CIBOB02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU THO REPRESENTATIY. @ACORD CORPORATION 1988 ACORD 25 (2001/08) HARTMAN & ASSOCIATES, INC. engineers, hydrogeologists, surveyors & management consultants 201 EAST PINE STREET . SUITE 1000 . ORLANDO, FI 328RECEIVED TELEPHONE (407) 839-3955 · FAX (407) 839-3955 DEe 222003 LETTER OF TRSANSMITT A~~RTOKBEACHUTIL\T(ES TO: Ms. Barbara Conboy, Manager Date: Dec. 9,2003 I Job No.: 03.0197.MOO City of Boynton Beach FR: James E. Christopher, P.E. Utilities Department RE: Consultant Agreement 124 E. Woolbright Road Boynton Beach, Florida 33435 Weare Sending You C8J Attached Under separate cover the following items: D Shop Drawings D Copy of letter D Prints D Change Order D Plans D D Reports D Specifications COPIES DATE NO. DESCRIPTION 1 12/1 0/03 Executed Consultant Agreement THESE ARE TRANSMITTED as checked below: F or review and comment FOR BIDS DUE: D Approved as submitted D Approved as noted D Returned for corrections D D Resubmit _ copies for approval D Submit _ copies for distribution D Return _ corrected prints D D D D D F or approval For your use As requested PRINTS RETURNED AFTER LOAN TO US REMARKS: . Attached is the original executed Consultant Agreement as requested. Also included is the Certificate of Profesisonal Liability Insurance. COPY TO File IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY SAL ALFIERI AT 407-839-3955 EXT. 211 ~ The Citq ol Boqnton Beach ((~ . ~ Citlj Clerk's GUice 100 E BOYNTON BEACH BLVD BOYNTON BEACH R. 33435 (561)742-6060 FAX (561)742-6090 e-mail: prainitoj@ci.boljnton-beachll.us www.boynton-beach.org December 29,2003 Mr. Blake C. Guillory, P.E. Division Manager Post, Buckley, Schuh & Jernigan, Inc. 3230 Commerce Place, Suite A West Palm Beach, FL 33407 RE: Resolution #R03-182 plus attachments Dear Mr. Guillory: Attached please find a copy of the resolution mentioned above for General Consulting and Engineering Services made with Post, Buckley, Schuh & Jernigan, Inc. including attachments for your information and files. If you have any questions, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH C: Barb Conboy, Utilities Procurement Services Karen Risley America's Gateway to the Gulfstream The CitQ ol Boqnton Beach Cf( City Clerk's OHice 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561)742-6060 FAX: (561)742-6090 e-mail: prainitoj@ci.boynton-beachll.us www.boynton-beach.org CERTIFICATION I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached copy of Resolution #R03-182, consisting of 16 pages (including exhibits), is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. The agreement is for General Consulting and Engineering Services made between the City of Boynton Beach and Post, Buckley, Schuh & Jernigan, Inc. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 29th day of December, 2003. NET M. PRAINITO, CMC, CITY CLERK (SEAL) America's Gateway to the Gulfstream ~) RESOLUTION NO. R03 _ /~.:;2.. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING TWENTY COMPANIES AS GENERAL CONSULTANTS FOR ENGINEERING SERVICES; ACCEPTING NEGOTIATED RATES OF COMPENSATION FOR SERVICES; AUTHORIZING EXECUTION OF CONTRACTS; AND PROVIDING AN EFFECTIVE DATE. , , , i i I ! WHEREAS, the City Commission of the City of Boynton Beach, upon I jrerommendation of staff, herehy deems it to be in the best interests of the citizens and ! residents of the City of Boynton Beach~ to designate twenty engineering firms as being I , . qualified to provide consulting engineering work for the City's Utility Department, and to accept negotiated rates of compensation for services~ and authorize execution of contracts with each of the twenty (20) companies; 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 designate the following twenty engineering firms as being qualified to provide consulting engineering work for the City~s Utility Department~ accepts the negotiated rates of ompensation for services, and authorizes execution of agreements, as follows: Arcadis, Geraghty & Miller; Boyle Engineering Corporation; Brown & Caldwell Camp Dresser & McKee, Inc.; CH2M Hill, Inc.; Craig A. Smith & Associates; Crossroads Engineering, Inc.; Global Tech. Inc.; Hartman & Associates, Inc.; Kimley-Horn & Associates, Inc.; LBFH, Inc.; S:\CA\RESO\Agreements\Consultant - Engineering Services 110403.doc Lawson, Noble & Webb, Inc.; Marco Water Engineering; Matthews Consulting, Inc.; Metcalf & Eddy, Inc.; PBS & J Corporation; SFRN, Inc.; Stanley Consultants, Inc.; URS Corporation; Wantman Group, Inc.; Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this Ii- day of November, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA p~ ~~?--- .,,-' Commissioner S:\CA\RESO\Agreemeots\Consultant - Engineering ServIces 110403.doc Il t 3.-fr2- AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to @ as "City", andf'BS&J, Ill"'. d/b/a PBS&J, hereinafter referred to as "Consultant", in consideration ihe mutual benefits, terms, and conditions hereinafter specified. fQSI, j3UCJQEY, SCHUH & JERNIGAN, INC. WHEREAS, the City issued a Request for Qualifications invitation for Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on NO ~/,;<{ , 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C 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 consulting and engineering services within the scope ofthe 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. CA-I 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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 $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$I,OOO,OOO. 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON- 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. 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 of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: 'E/4k~ ~A://("/'I, /~ I.~. I V"v/'<;;,'c...... J/tfo'^~t ~..- J :3"~ 5 (') CO JA-1- '-'"-f e v~ ;J!o. ~/5Tc- /1- , !cJ~~T /~,h""1 6~",-c-J:. ,/c-L .33407 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. CA-5 DATED this ~ day of Nov'eMkle( ,20~. CITY OF BOYNTON BEACH ~ Kurt Bressner, City Manager Attest! Authenticated: frJ, Rev. 04/08/03 CA-6 PBS&J JLA.~ Consultant Richard A. Wickett Qudrman of the Boerd Title (Corporate Seal) Attest! Authenticated: ~ J. /~ Becky S. Schaffer SecretarY EXHIBIT A SCOPE C: INFRASTRUCTURE IMPROVEMENTS . Water Main Replacement . Interconnections . Sanitary Sewer Line, Repair, Rehabilitation, Replacement . Inflow & Infiltration Studies/Repair . Wastewater Pump Station Rehabilitation/Expansion & Analysis . Pump Sizing/Expansion/Improvements . Stormwater Management . Swale and Drainage Development/Improvements . Outfalls . Roadway and Transportation . Neighborhood Improvements . Lighting . Sidewalks . Park Amenities . Other Related services EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Employees Rate Identified Project Director (Principal) $185.00 Blake Guillory,P .E. Bob Morell, P.E.,D.E.E. Bob Ortiz, P.E., D.E.E. Ken Wilson, P.E., D.E.E. Gerald Carrigan,P.E. Moris Cabezas,PhD.P .E.D.E.E. Larry Hentz,P.E.,D.E.E William Brown, AlA, UBCI Client Service Manager $185.00 Blake Guillory, P.E. Senior Project Manager $150.00 Patricia Carney, P .E. Phillip Dover, P .E. Douglas Dycus,P .E. JoAnn Jackson, P.E. Raul Mercado, P .E. Doug Norris, P.E. Steve Starr, P.E. Bill Whidden, P.E. Wayne Mather,P .E.D.E.E. Prasad Chittaluru,PhD.P .E. Hermann Konrad, P .E. David Carter,CCE,EI Enrique Gonzalez Bernard Ward Norris Smith Project Engineer $ 95.00 Christopher Niforatos, P.E. Joe Diaz,P.E. Sara Sciotto,P.E., Kathleen Farrell,P.E. Jason Garz,P .E. Jeremy McBryan, P.E. Scientist $ 70.00 Adam Gelber Mark Henry Senior Desi2ner $ 60.00 Mike Hellyer Deshmer $ 55.00 Alex Delgado SeniorEngineer/Hydrogeologist $130.00 GeoffBurke, P.G. Phillip Cook,P.G. Engineer/Hydrogeologist $ 95.00 Kevin Dorsey, P.G. (TechnicaISpecialist) Senior Professional Surveyor/Mapper $1~ Carlos DelValle, P.S.M. I ~S. OD ~J..J~4 IO-Ifc ~O3 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Employees Rate Identified Professional Surveyor/Mapper S132.00 Roberto Mantecon, PSM , o-sd' ~Il (~4kr b .Ire (.J Engineering/Survey Technician $ 70.00 Alexis Rodriguez Raul Perez de Alejo Senior Field Representative $ 77.00 David Carter, CCE,EI (professional) Enrique Gonzalez Juan Moreno Armando Amet, ill UBCI,SBCCI Survey Crew 4-person crew $153.00 Various individuals 3-person crew $127.00 2-person crew $100.00 GIS Specialist $ 95.00 Patrick Sipple Diana Umpierre Graphics Specialist $ 70.00 Marion Kase Julie Forgione Senior Inspector $~ Joseph Salazar, SET qOCxJ Armando Amet, ill, UBCI,SBCCI ~/e41'" /0-!f,63 GPS Equipment $ 35.00 Gerald Sanders Raul Torres Allen Welch Senior Administrative Support $ 52.00 Sharon Durick Administrative Support $ 40.00 Adele Forman \ " EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Employees Rate Identified Paraprofessional N/A Aerial Photogrammetry N/A Computer System Analysis $ 80.00 Shane McIntyre David Stackhouse Rate Study $ 1'66:00 Marc Walch Ik>lb Donna Huey ~ leJJer 10-/(".(;3 Financial Services $ 170.00 Karen Keese Marc Walch Instrumentation and Control Services $ 140.00 Daniel Schmidt, P .E. Human Resource Services N/A Data Acquisition and Control Services N/A Direct Costs - Mark-up % Actual Copy Office, reproduction, mailing, etc. Cost Mail Fax Phone Mileage $0.36/mi. Direct Costs-Mark-up % sub- 1.10 Hillers Electrical Consultants Engineering, Inc. Sunshine \ Communications EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Employees Rate Identified Senior Right of Way Agent $ 95.00 Rudy Mitjah Jim Durako Eric Watkins Right of Way Agent $ 80.00 Deborah Korleski Adam Stehly Planner $115.00 Dale Siska, AlCP Erin Degutis, AICP, ASLA Junior Engineer $ 75.00 Sarah Houghland, E.!. Holly Urban, E.I. Brent Whitfield, E.!. Landscape Architect $110.00 David Larson, RLA Harry Belton, RLA Senior Architect $115.00 Gary Smith, AlA Jay Anderson, AlA Jeff Warmington, AlA Architect $ 80.00 Lori-Ann Ridley Alex Camps Paul Simmonds \ PBSf ~ EXHIBIT B An employee-owned company October 16, 2003 RECEIVED OCT 2 l 2003 BOYtiTONBCHUTU.\1IES Ms. Barbara Conboy Manager, Utilities Administration City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Subject: Re-examination of Proposed Billing Rates Scope C: Infrastructure Improvements and Repairs General Consulting and Engineering Services Contract Dear Ms. Conboy, Weare in receipt of your October 10, 2003 letter requesting re-examination of rates for certain billable classifications. We offer the following adjustments: Classification Adiusted Rate Senior Professional Surveyor! Mapper $125.00 Professional SurveyorlMapper $105.00 Senior Inspector $90.00 Rate Study $160.00 These rates, while still above the City's average rates, are below the 20 percent threshold. We trust that this information will be acceptable to the City. If you have any further questions, please do not hesitate to call us. Sincerely, ~~ Vice President, Division Manager Cc: Peter V. Mazzella, P.E. 3230 Commerce Place, Suite A · West Palm Beach, Florida 33407 · Telephone: 561.689.7275 . Fax: 561.689.3884 . www.pbsj.com ACORQ CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MMlDDIYYYY) 12/05/2003 PRODUCER (305)822-7800 FAX 3058270585 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Collinsworth, Alter, Fowler, Dowling ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR & French Group Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 9315 "~ami lakes, Fl 33014-9315 INSURERS AFFORDING COVERAGE NAIC# RED Post, Buckley, Schuh, & Jernigan, Inc. INSURER A Continental Casualty Company A V d/b/a PBS&J INSURER B: American Casualty Co Reading A V 2001 NW 107 Avenue INSURER C lloyds of london A- XV Miami, Fl 33172-2507 INSURER D INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY Gl247843206 09/30/2003 09/30/2004 EACH OCCURRENCE $ 1,000,00<J ""x COMMERCIAL GENERAL L1ABWY DAMAGE TO RENTED $ 1,000,00<J >-- =:J CLAIMS MADE [!] OCCUR MED EXP (Any one person) $ 25,00<J >-- A X Contractual liab PERSONAL & ADV INJURY $ 1,000,00<J GENERAL AGGREGATE $ 2,000,00<J GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2,000,000 h [Xl PRO- [Xl LOC POLICY JECT AUTOMOBILE LIABILITY BUA247843223 09/30/2003 09/30/2004 COMBINED SINGLE L1MrT X ANY AllTO $ (Ea accident) 1,000,000 X ALL OWNED AUTOS BODILY INJURY f-- (Per person) $ SCHEDULED AllTOS A I-- X HIRED AllTOS BODILY INJURY I-- (Per aCCIdent) $ X NON-OWNED AUTOS T Cont ractua 1 liab PROPERTY DAMAGE - (Per accident) $ GARAGE LIABILITY AllTO ONLY - EA ACCIDENT $ R ANY AUTO Oll-lER ll-IAN EA ACC $ AllTO ONLY AGG $ ffiESSlUMBRELLA LIABILITY CUP2068179760 09/30/2003 09/30/2004 EACH OCCURRENCE $ 10,000,000 X OCCUR D CLAIMS MADE AGGREGATE $ 10,000,00<J A $ ~ DEDUCTlBLE $ X RETENTlON $ 10, OOC $ WORKERS COMPENSATION AND WC247843268 09/30/2003 09/30/2004 X I ~~l~ I IOEW EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ 1,000,00<J B ANY PROPRIETORIPARTNERlEXECUTlVE OFFICERlMEMBER EXCLUDED? NO EL DISEASE - EA EMPLOYEE $ 1,000,000 ~~e~c?tc~~M~~~NS below EL DISEASE - POLICY L1MrT $ 1 000 000 OTHEj, P42303 09/30/2003 09/30/2004 $1,000,000 limits Pro essional/Pollutio C n liability Ea Claim and Annual Aggregate CLAIMS-MADE FORM 11/11/1961 Retrodate ~ESCRJPTlON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e: 065-2821-03/CJD ~he City of Boynton Beach is named as additional insured on the General 1 iabil ity, excluding professional services. Issuing companies will provide 30 days written notice of cancellation. n.,.. ''l.TION SHOULD AN'( OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ....lO..... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Boynton Beach, City of Attn: Paul Fleming 124 E. Woolbright Road Boynton Beach, Fl 33425 OF AN'( KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Meade Collinsworth/EEC . ~- .i714~:." _4...~!/ A-.;0RD 25 (2001/08) @)ACORDCORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. A\..uRD 25 (2001/08) The City of Boynton Beach Q( Utilities Department /24 E. Woolbright Road Boynton Beach. Florida 33435 Phone (56/) 742-6400 FAX: (56/)742-6298 , '- -; i I' 11::: ,.., /,./-,7" .~':' (.;i-J ,"l/-?" , I I [', '-. '. / 0.' 8'" ..",'.......f}f,/,....i' "'''''c '-/l'i ,) Or ~ Ii If [3 Dr:,.. " FICf l...", IS P'M . n 3: .,- ""0 OFFICE OF THE DIRECTOR OF UTILITIES LETTER OF TRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 12, 2003 RE: 2- Year Contract - General Engineering Services TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: C D N D oples ate o. escnotlOn 1 Original Agreement - PBS & J 1 Proof of Insurance REMARKS: Please provide a certified copy to PBS & J and file accordingly. CC: Procurement Services Karen Riseley SIGNED: er,j~{;jJd' ;j brJ3 PBS' ~ An employee-owned company Dec. 11, 2003 Barbara Conboy Manager, Utilities Administration City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 RE: Consultant Agreement for Two-Year General Consulting and Engineering Contract Dear Ms. Conboy: Enclosed is executed original of the above referenced Consultant Agreement as required. Also included is the Certificate of Liability Insurance, naming the City of Boynton Beach as additional insured, per Attachment 'A'. Please provide a certified copy of the fully executed Consultant Agreement for our records. Sincerely, ~S:~ Division Manager Enclosures (2) 3230 Commerce Place, Suite A · West Palm Beach, Florida 33407 · Telephone: 561.689.7275 . Fax: 561.689.3884 . www.pbsj,com The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org December 16,2003 Mr. David Brobst Client Services Manager Wantman Group, Inc. 901 Northpoint Parkway, Suite #204 West Palm Beach, FL 33407 RE: RESOLUTION #R03-182 - SCOPE C -INFRASTRUCTURE IMPROVEMENTS Dear Mr. Brobst: Attached please find a certified copy of the resolution mentioned above including attachments for your files. If you have any questions concerning this, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH ET M. PRAINITO, CMC, CITY CLERK C: Barb Conboy Procurement Services Karen Riseley America's Gateway to the Gulfstream - .tie City of Bovnton Beach City Clerk's Office 100 E BOwrON BEACH BLVD BOwrON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org CERTIFICATION I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that a copy of Resolution R03-182 consisting of two pages plus 13 attachments are true and correct copies as they appear in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 16th day of December 2003. .~ ET M. PRAINITO, CMC, CITY CLERK S:\CC\WP\certifications\certification - JP - sailfish.doc America's Gateway to the Gulfttream Ii D 3-,,1t:~ AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Wantman Group. 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on NI) ~/, I? , 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C 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 consulting and 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. CA-l 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest ofthe City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. INSURANCE. The Consultant shall secure and maintain in force throughout the duration ofthis 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent ofthe 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. 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 of the Consultant and the City, ifthe City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: Wantman Group, Inc. 901 Nort.hpoint. Pkwy, Rt.p. 204 West Palm Beach, FL 33407 Attn: David Brobst. Client Services Manager 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. CA-5 DATEDthis~dayof NoveMber ,2063. CITY OF BOYNTON BEACH ~ Kurt Bressner, City Manager Attest! Authenticated: Rev. 04/08/03 CA-6 (flh Title (Corporate Seal) Attest! Authenticated: .Y~~ - Secretary EXHmIT A SCOPE C: INFRASTRUCTURE IMPROVEMENTS . Water Main Replacement . Interconnections . Sanitary Sewer Line, Repair, Rehabilitation, Replacement . Inflow & Infiltration Studies/Repair . Wastewater Pump Station Rehabilitation/Expansion & Analysis . Pump SizingJExpansion/Improvements . Stormwater Management . Swale and Drainage Development/Improvements . Outfalls . Roadway and Transportation . Neighborhood Improvements . Lighting . Sidewalks . Park Amenities . Other Related services , , EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Project Director (Principal) $150 Joel Wantman, P.E. President and Chief Executive Officer with involvement in more complex technical or administrative issues. Client Service Manager $130 David Brobst, P .E. P.E. with more than 25 years experience who will be the City of Boynton Beach's primary contact. Senior Project Manager $120 David Wantman, P .E. P.E. or P.S.M. with more than 15 Robin Petzold, P.S.M. years experience who will lead individual work assignments. Project Engineer $85 Jeremy Botto, E.!. P.E. or E.!. with an Engineering John Hall, E.!. Degree who will complete Jimmy Richie, E.!. assignments. Derek Schenavar, E.!. J. D. Whitaker, E.!. Scientist N/A Senior Designer N/A Designer N/A Senior Engineer/Hydrogeologist N/A Engineer/H ydrogeo 10gist(T echnical Specialist) N/A Senior Professional Surveyor/Mapper $110 Joe Shatto, P.S.M. P.S.M. with more than 20 years Pat Volpe, P.S.M. experience who will complete assignments. Wantman Group, Inc. 2003 Rates 3 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Professional Surveyor/Mapper $85 Mitch Jarrells, P.S.M. P.S.M. or L.I.T. with more than 5 years experience who will complete assignments. Engineering/Survey Technician $75 Jason Alvarez Non-registered individual who will Joanne Brito complete assignments. Paul Colburn Senior Field Representative (Professional) N/A Survey Crew $165 4 man crew Field survey crew led by a party chief $130 3 man crew than may contain one or crew $100 2 man crew members. GIS Specialist N/A Graphics Specialist N/A Senior Inspector $75 George Price, G.C. Individual who does not have a degree and who will be observing and/or administering construction activity. GPS Equipment Senior Administrative Support $45 Kate Fontaine Administrative Support $30 Rachel TerMors Wantman Group, Inc. 2003 Rates 4 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Paraprofessional N/A Aerial Photogrammetry Will be handled as a subconsultant. Computer System Analysis N/A Rate Study N/A Financial Services N/A Instrumentation and Control Services N/A Human Resource Services N/A Data Acquisition and Control Services N/A Direct Costs - Mark-up % 10% Office, reproduction, mailing, etc. Direct Costs - Mark-up % sub- 10% Stephen Boruff, Inc consultants Land Design South, Inc. Smith Engineering Consultants Tierra, Inc. Bridge Design Associates, Inc. Wantman Group, Inc. 2003 Rates 5 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified Senior Project Engineer $100 Jerry Saval. P.E. P.E. or P.S.M. with more than 10 Gary Williams, P.E. years experience who will lead individual work assignments. Utility Locates "Soft Dig" $180 N/A Wantman Group, Inc. 2003 Rates 6 ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MMlDDNY) 12/04/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ,0. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3mpa, FL 33622-2668 , 13 289-5200 INSURERS AFFORDING COVERAGE e---. ----------- .- --- - - ------ ----..----.--..- ------ __n ------ -- - ----- --- - INSURED INSURER A St. Paul Fire & Marine Wantman Group, Inc. --- ---- _..,------------ ----------- -- - INSURER B: St. Paul Fire & Marine 901 Northpoint Pkwy, Suite 204 -- - ------ - ----- - INSURER C: Security Ins of Hartford West Palm Beach, FL 33407 INSURER D: ---- ------ - -- ---- ------- -- - -- - I INSURER E: Client#. 5436 WANTGR03 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER P~l!fl/~IT,~g~ POLICY EXPIRATION LIMITS TR OAT A ~NERAL LIABILITY BK01289571 10/18/03 ! 10/18/04 ! EACH OCCURRENCE 1$1,000,000 JL OM ERCIAL GENERAL L1AB ILlTY FIRE DAMAGE (Anyone fire) $300,000 CLAIMS MADE I)(l OCCUR I 1$10,000 >---- I MED EXP (Anyone person) >---- I PERSONAL & ADV INJURY ! $1,000,000 f--- I GENERAL AGGREGATE i $2,000,000 n'L AGGREAE LIMIT APPLIES PER: I PRODUCTS -COMP/OP AGG i $2.000 000 POLICY I ~b'P,: n LOC i B ~OMOBILE LIABILITY BA01574641 10/1 0/03 10/10/04 I 'OM"~O """ UMn }1,OOO,OOO lL ANY AUTO (Ea aCCIdent) -- - ---------- -- -- ALL OWNED AUTOS BODILY INJURY !$ SCHEDULED AUTOS (Per person) -- I - -- - - - ,~ HIRED AUTOS BODILY INJURY $ iX NON-OWNED AUTOS (Per accident) ---- noo_____ --- -- - --- - - I - --- -------- -- - i PROPERTY DAMAGE $ I (Per accident) ~RAGE LIABILITY _AUTC:) ONLY - EA ACCI[)E'~T_ ....L__ -~----- - - ANY AUTO I EA ACC $ i ~0~6~~t~~ AGG $ I EXCESS LIABILITY ; EACH OCCURRENCE $ ::::J. OCCUR ! ! CLAIMS MADE I AGGREGATE i$ 1$ ~ DEDUCTIBLE i $ RETENTION $ i$ B WORKERS COMPENSATION AND WVA772901 09/18/03 09/18/04 ~TATU- I 10TH-I EMPLOYERS' LIABILITY __ LIMJIS..l LER.T - E.L. EACH ACCIDENT $1,000,000 : E.L. DISEASE - EA EMPLOYEE $1,000,000 i EL DISEASE - POLICY LIMIT I $1 000.000 C OTHER AEE0223978 07/01/03 107/01/04 $1,000,000 ea claim Professional I $2,000,000 ann agg iLiabilitv i DESCRIPTION OF OPERATIONS/LOCATIONSlVEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability is written on a claims made basis. CERTIFICATE HOLDER i i ADDmONALINSURED'INSURERLETTER: CANCELLATION r SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION The City of Boynton Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30-_ DAYS WRITTEN 124 E. Woolbright Road NOTICE TOTH E CERTIFICATE HOLDER NAMED TOTHELEFT, BUTFAJLURE TODOSOSHALL Boynton Beach, FL 33435 1M POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH E INSURER.ITS AGENTS OR I REPRESENTATIVES. A71RIZED REPRESENTATIVE I - ~ "'/.. *' ) ACORD 25-S (7/97)1 of2 #S82072/M79951 KDR @ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97)2 of 2 #S82072/M79951 // '~ 1/ ~ (Yv The City of Boynton Beach vr- '\;\ 'i" ~.~ ( City Clerk's Office 100 E BOwrON BEACH BLVD BOwrON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@cLboynton-beach.t1.us www.boynton-beach.org December 16, 2003 Lisa A. Tropepe, P.E. Vice President SFRN, INC. 1201 Belvedere Road West Palm Beach, FL 33405 RE: Resolution #R03-182 - GENERAL ENGINEERING SERVICES Dear Ms. Tropepe: Attached please find a certified copy of the resolution mentioned above including attachments for your files. If you have any questions concerning this, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH ET M. PRAINITIO, CMC, CITY CLERK C: Barb Conboy, Utilities Procurement Services Karen Riseley masS:\CC\WP\Letters\Letters by Mary Anne\SFRN.doc America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org CERTIFICATION I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that a copy of Resolution R03-182 consisting of two pages plus 12 attachments are true and correct copies as they appear in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 16th day of December 2003. .p~ ET M. PRAINITO, CMC, CITY CLERK S:\CC\WP\certifications\certification - JP - sailfish.doc America's Gateway to the Gulfstream RESOLUTION NO. R03 - / r:.~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING TWENTY COMPANIES AS GENERAL CONSULT ANTS FOR ENGINEERING SERVICES; ACCEPTING NEGOTIATED RATES OF COMPENSATION FOR SERVICES; AUTHORIZING EXECUTION OF CONTRACTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon lrecommendation of staff, hereby deems it to be in the best interests of the citizens and i residents of the City of Boynton Beach, to designate twenty engineering firms as being qualified to provide consulting engineering work for the City's Utility Department, and to accept negotiated rates of compensation for services, and authorize execution of contracts with each of the twenty (20) companies; 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 designate the following twenty engineering firms as being qualified to provide consulting engineering work for the City's Utility Department, accepts the negotiated rates of compensation for services, and authorizes execution of agreements, as follows: Arcadis, Geraghty & Miller; Boyle Engineering Corporation; Brown & Caldwell Camp Dresser & McKee, Inc.; CH2M Hill, Inc.; Craig A. Smith & Associates; Crossroads Engineering, Inc.; Global Tech, Inc.; Hartman & Associates, Inc.; Kim1ey-Hom & Associates, Inc.; LBFH, Inc.; S:\CA\RESO\Agreements\Consultant - Engineering Services 11 0403.doc Lawson, Noble & Webb, Inc.; Marco Water Engineering; Matthews Consulting, Inc.; Metcalf & Eddy, Inc.; PBS & J Corporation; SFRN, Inc.; Stanley Consultants, Inc.; URS Corporation; Wantman Group, Inc.; Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED thiS.ti- day of November, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ~~ ~--- ~~/~~~- . Commissioner S:\CA\RESO\Agreements\Consultant - Engineering Services 11 0403.doc ,;? o3-IY:2. AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and SFRN. 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 Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance ofthe City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfie1d Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; 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 Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on No!,/. If , 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C and one of nine (9) qualified consulting firms for Scope D 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 consulting and 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. CA-l 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 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: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. 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 D. Design build projects 3. SCOPE(S) OF SERVICE. 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" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C and one of nine (9) consulting firms for Scope D 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. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, 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: a. 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 in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. 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 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. CA-2 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. OWNERSlllP 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 if 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(s) 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. INDEMNIFICATION. Consultant shall indemnify 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 reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. 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. 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 $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$I,OOO,OOO. 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. CA-3 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 deduction 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. CONVENANT 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 ay 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. DISCRIMINATION PROHBITED. 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-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. 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, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: SFRN, Inc. 1201 Belvedere Road West Palm Beach, FL 33405 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. CA-5 DATED this ~ day of NO"~M bel CITY OF BOYNTON BEACH ~ Kurt Bressner, City Manager Attest! Authenticated: 'M. Rev. 04/08/03 , 20 0.3. ~~ ~((>E - {)t'28Qc oel'JT Title (Corporate Seal) CA-6 Exhibit A SCOPE C: INFRASTRUCTURE IMPROVEMENTS . Water Main Replacement . Interconnections · Sanitary Sewer Line, Repair, Rehabilitation, Replacement . Inflow & Infiltration Studies/Repair . Wastewater Pump Station Rehabilitation/Expansion & Analysis . Pump Sizing/Expansion/Improvements . Stormwater Management . Swale and Drainage Development/Improvements . Outfalls . Roadway and Transportation · Neighborhood Improvements . Lighting . Sidewalks . Park Amenities . Other Related services SCOPE D: ANCILLARY STUDIES and SERVICES . Rate Analysis . Accounting Procedures . Revenue Bonds . Risk Management · Employee Training · Performance Measurement & Organizational Management . NPDES Permitting . Vulnerability Assessments . Master Plan Updates . Clean Air Act Compliance · Consumer Confidence Report · Consumer Satisfaction Survey · Wastewater Capacity Analysis · Hydraulic Analysis · Power Analysis · Geographic Information Systems · Aerial Photogrammetry & Photography · Process Controls & Instrumentation · Data Acquisition and Control Services (DACS) · Supervisory Control & Data Acquisition (SCADA) · Other Related Services EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED SCOPE D Classification Hourlv Rate Emplovees Identified Project Director (Principal) $145.00 Keith Jackson Gary Rayman C. Andre Rayman Client Services Manager $145.00 Lisa Tropepe Project Engineer $ 84.00 Kyle Grandusky Allen Green Designer $ 58.00 Olive Henry Senior Professional Surveyor/Mapper $ 90.00 Bob Wise Engineering/Survey Technician $ 67.00 Mike Brienza Survey Crew $116.00 Hector Gonzalez (3-person crew) Robert Fullwood Ed Colvin GPS Equipment & Crew $180.00 Hector Gonzalez Robert Fullwood Ed Colvin Senior Administrative Support $ 52.00 Thea W orthingstun Debbra Haynoski Tashia Kenty Administrative Support $ 44.00 Donna Lacourse David Bolton Paraprofessional $ 59.00 Christine Geffken Direct Costs - Mark-up % 10% Office, reproduction, mailing, etc. Direct Costs - Mark-up % Sub-consultants 10% EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED SCOPE C Classification Hourlv Rate Emnlovees Identified Project Director (Principal) $145.00 K. Dan Shalloway Keith Jackson Brian LaMotte Gary Rayman C. Andre Rayman Client Services Manager $145.00 Lisa Tropepe Senior Project Manager $110.00 Terrence Bailey Project Engineer $ 84.00 Kyle Grandusky Allen Green Designer $ 58.00 Olive Henry Senior Professional Surveyor/Mapper $ 90.00 Bob Wise Engineering/Survey Technician $ 67.00 Mike Brienza Senior Field Representative $ 84.00 Position currently (Professional) vacant Hector Gonzalez GPS Equipment & Crew $180.00 Robert Fullwood ~ le-/&r JalQJ{ /OJDL!d Colvin Senior Administrative Support $ 52.00 Thea W orthingstun Debbra Haynoski Tashia Kenty Administrative Support $ 44.00 Donna Lacourse David Bolton Paraprofessional $ 59.00 Christine Geffken Direct Costs - Mark-up % 10% Office, reproduction, mailing, etc. Direct Costs - Mark-up % Sub-consultants 10% FILE No.411 12/03 '03 17:36 ID:ACORDIA WPB FAX: PAGE Vi ..... C~8TIFICATEOF INSURANCE NL 19.910 ISSUE DATE (IAM/ODIYY) :ORDIA-WPB DIVISION 11 S. FLAGLER DR. #600 :ST PALM BEACH FL 33401-5914 HN (561) 655-5500 AX (561) 655-5509 COMPANY A VALLEY FORGE INS CO (CNA) LETTER COMPANY 8 CNA (V. O. SCHINNERER) ~ETTER p"ODUCeA FRN, INC DBA HALl,OWAY ENGINEERING 201 BELVEDERE ROAD EST PALM BEACH, FL 33405 THIS IS TO C~RTFV THAT THE POLICIES OFIINCE lIST/:O 61:lOW HAVE' B~EN ISSuEO TO THE ~~~D ~p AIlOVE F~I1E POLICY PeRIOD INDICATEO NOlWrItlSTANDING ANY ReQU TERM Oft CONDfTlO.N.OF ANY ~TAACT OROT OOCU I\I'l'WfTH AE: CTTO~HlHlS CERTIFJCA.TE MAY 8f! ISSUED Oft MAY PERT IN, HE INSURANCE AFFORDED BY THE ILICIES DloSC D H~IIS SUBJEO'T ALL THE TEAM6. EXCLUSION6 AND CONDITIONS OF 6UCH PO.1e 6. LIMITS SHOWN MAV HAVE BEEN QUCEO BY PAID CLAIMS. COMPANY C CITIZENS PROPERTY INS CO LETTER COIAPA,",Y 0 CONTINENTAL CAS CO (CNA) ~ETTER COMPANY E ~ETTER :OMMERC'AL GENERAL ~IAa'LiT lAIMS MADE[i]OCCUR OWNER'S & CONTRACTOR'S PAOT. 1043219176\VALFO POLICY EfFECTIVE pOl-ICY I!llPI"ATlO DATf (MM/OO/vY) DATE (MMIDOIVY) LI~ITS TYPe! OF INSURANCE "OLlCY NUlile!R BINDER61190 2/13/03 12/13/04 QeNtRA~ACOCORE(jATE '2 P"ODi,lCTS-COMP/OPAQ(j' 2 PEAsONAl , AOv. INJURY , 1 EACM OCCURRENCE S 1 ~IRE OAMAGl: (Any on. '~.l' 1 ME D.EXP. (Anyone "erson) S 12/13/03 12/13/04 caM811\ltDSING~E liMIT eODI~ Y 'N~uAY (pet p....on. aoo... Y ,NJURY , 1 000 00 (Par .lCClQbnt) s "ROPERlV DAMAGE UMeRE~~A FOAM OTNER TNAIll UMltRELlA FORM , 1043219176\VALFO 12/13/03 12/13/04 EACI-tOCCURRENCE . EACH ACCIO~NT s WORKER'S COMPEIllSATION AIIID eMPLOYERS' LIABiliTY OTH~ONTENTS PROF LIAB AGGREGATE DEDUCTIBLE DEliCRlPTION OF OPERATIONS/LOCATIONS/VEHICLES/lIf'ECIALITEAo\Ii 1043219176\VALFO 12/13/03 12/13/04 AEA004312292\CON 5/29/03 5/29/04 D'&l!A6E .POLICY liMIT S DISEASE .EACI1 eMf'LOY~E I PER SCHEDULE $1000000 PER CLAIM CLAIMS MADE 11 250 ERTIFICATE HOLDER IS AN ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY o DAYS NOTICE FOR NON PAYMENT OF PREMIUM ~"T"~TE'.~..' ~.rg.'.'. SHOUI.O ANV Of THE ABOVE OESCRI8EO PoLICES BE CANCELLED 8EFORE THE EXPIRATION 01. TE THEREOf. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL..3...0...- OAVS WRITTEN NOllCE TO THE CERTFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE COMPANY, ITs AGENTS OR REPRESfNTATIVES, -..... CITY OF BOYNTON BEACH UTILITIES DEPARTMENT 124 E WOOLBRIGHT RD BOYNTON BEACH FL 33435 ,.~".'j", OfH)~~'l1/11)f ".... 'w......l.., a ru_ uv' rlClIlUa rdXIU: ~~q-4/4-6506 To- Chnstine Geffken Date: 12/4103 0905 AM Page: 2 of 2 ACORD. CERTIFICATE OF LIABILITY INSURANCl;dJ~ y~ I)A TE (MMlDDIYV) 12/04/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL Y AND CONfERS NO RIGHTS UPON THE CERTIFlCA TE USI Florida - Boca HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 301 Yamato Road AL TER THE COVERAGE AfFORDED BY THE POUCIE5 BELOW. Boca Raton FL 33431-4919 Phone: 561-999-0232 Fax:561-999-9526 INSURERS AFFORDING COVERAGE i INSURED :1"~SU~:R .; Associated Industries Ins. Co. I I d/b/a Shalloway Engineering I INSURER:: SFRN i :NSURE;;: ~ I 1201 Belvedere Road ! "'JSURER :. West Pa1m Beach FL 33405 NSLi~E; ~ - ::;:- -;;.:<.:: ,. '\S;'..',[;'MCE ; -c--;:~ =::~":-'v\' ~'/E EcE~ iSSliED -:-0 -;-HE \S~'rtE: '...AME:J ABOVE >=OR I~:: '::'::..iCY PERIOD INDICATED NOTWITHSTAND:NG f..J"iY RE:....;E.:::.,.~ -c~M '-'~ CO'.;s :~;ON or ANY CO",RAe .)R OTHER C::;C:_'\"E~.,""..V:"iH RESPECT TO "VJ-"C~ ""1-;:S CERTIFICATE MAY BE ! SSUED OR ,>W' ,~E:;~A,''; - :!\SJRM'_:'::: AFFCi:fJEC: 3Y ~HE FOL ICiES DESC;:(IBED >--:-=~E::~ S S'J8JECT TO ALL THE TE;;:~S E)(CLUS10NS AND CONDiTIONS OF SuCH =-Ol..!C::5 ~~.JG"":::~:;.A."'E ~-\.~ITS 3;,,;'J'~'\'-".J tv1A \, ~.vE BEEN REmJCED BY FA: C:..P;MS I~: lYPE OF INSURANCE : POLICY NUMBER i DATE (M'ioimom) I DATE (MMIDOIYV) LIMITS LIABILllY , I : EACH OCC'JRRE:\CE . i GENERAL i ,:::Ji'/VE'~':;;',,- ':'EI\;:::;::;:';:... ;'E::--"7'Y "IRE DAl'AAGE (Ac~ ere ."';> . ~- - I I -=_,:,,\-'5 :,~:"CE .:::;.:.::....q i i MED E.,.'<F fAil;' oria D9rsc-:; . ...--~.~-- - ~- I PEf<SO,,,,,,," ~ADV :"o~R' . '- ! I i GENERAl I AGGREGA7'= > - SE",_ ,.::.:<;..;:::::.;~ _'M" :.,?,z:..:::S -::.~ PRODUCS CO~~p,,:_~ ;'88- ; -.-, -~-.~~ - , I - ....''-' . _0_. :"'OC i i ! AUTOMOBILE L1ABILllY i I - COMBINED SING'-E ,-:'I,~ ; I rEa accrder.tl :......\., .~_. "- I - .:..._- ::-'t','-,€:: .:..-'-:--~s BODIL T IN"';'..A~Y - ;Per persc..-:; $ :::::~~~:~~==: ;'l.'~(:S - - '.-- . -- -~-s 30'Jii...Y Ir\,-,:~=<Y - , :Per aCCJder"~: ; ',-",-:>';'-E':::' ~._r'-:-3 , i - - j PROPERTY :A"~:::;E :Per acclde~n GARAGE L1ASILllY . AU'Q ONLY EA A~:::='..- . -- I :..\.... -'. - OTHER 11-<..;'.,"4 SA. ~:::: ; .--~ AUTO CNLY , ""-~'~ ; EXCESS LIASILllY T ! SACH OCC~.~,~E!\::E ...~ - '-''-'-~'" :~A:VS VA:: AGGREGA'"E ; ----- - ; - --- - ---- -'- --- -.... , I , WORKERS COMPENSATION AND , ~bR~ ~-~~~is "- - "- EMPLOYERS' L1ABILllY 2003317197 07/01/03 07/01/04 1000000 A C EACH A:C::;E:\~ ; I E , D1SEA.S.= ~A ~',.~P:...=v::.= ; 1000000 I - - :J1SEASE ;::"'i~~Y , '.J'~ ; 1000000 OTHER DESCRIPTION OF OPERATlONS/LOCATIONSNEHlCLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS COVERAGES CERTIFICATE HOLDER N ADDmONAL INSURED: INSURER LETTER' City of Boynton Beach Attn: Barbara Conboy, Utilities Department 124 East Woolbright Road Boynton Beach FL 33435 ACORD 25-5 (7/97) CI'1'YBOY CANCELLATION SHOULD APort OF THE ABOVE DESCRIBED POLICIES BE CANCELlED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ..1.L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF APort KINO UPOlII THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHO REPRESENTATIVE C21ACORD CORPORATION 1988 EXHIBIT B .-, 'Ne Engineers Surveyors GIS Mappers K. Daniel Shalloway, P.E. Gary M. Rayman, P.S.M. Warren H. Newell Brian 1. LaMotte, P.E. Keith B. Jackson, P.E. Lisa A. Tropepe, P. E. Shalloway Engineering RECEIVED OCT 21DS Via Fax and Mail I ' I I ,:: It, '! I i I :. October 20, 2003 Barbara Conboy, Manager Utilities Department City of Boynton Beach 135 E. Woolbright Road Boynton Beach, FL 33435 Re: Certified Letter #7003 1010000063009521 Dated October 10,2003 Dear Ms. Conboy: This is in response to your letter regarding our rates for GPS Equipment/Crew of $180.00. That rate is for a 3-person crew using a base station and 2 roving units. We will accept your rate of $71.68 for a 1-person crew using a sub meter accurate unit. Thank you very much for your consideration. Very truly yours, ~O-~ Lisa A. Tropepe, P.E. Vice President LAT/cg 1201 Belvedere Road Vest Palm Beach, FL 33405 561) 655- Jl51 Fax 832-9390 info@sfrninc.com www.sfrninc.com CONBOY 09-23-03 SFRN #03018