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R00-104RESOLUTION NO. R00-/~¢d a RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SHALLOWAY, FOY; RAYMAN & NEWELL, INC., FOR TH DESIGN, PERMI1-FING, BIDDING SERVICES AND CONSTRUCTION SERVICES IN THE COSTA BELLA SUBDIVISION;; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to enter into an Agreement between the City of Boynton Beach and Shalloway, Foy, Rayman &Newell, Inc,. in the amount of $48,595.00, for the design, permitting, bidding services, and construction services in the Costa Bella subdivision; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COHHISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and approve an Agreement between the City of Boynton Beach and Shalloway, Foy, Rayman &Newell, Inc,. in the amount of $48,595.00, for the design, permitting, bidding services, and construction services in the Costa Bella subdivision, which Agreement is attached hereto as Exhibit "A". Section 2. The Mayor and City Clerk are authorized and directed to execute said Agreement. Section 3. passage. This Resolution shall become effective immediately upon PASSED AND ADOPTED this /8 day of 3uly, 2000. CFT'Y BOY ~O B ACH, FLO. RiDA Commissioner 'Cit~Clerk II ( Corp,,~tr~. ~J~.')',,,,, s:~k~rkShalloway- C~sta ~lla 06~0 ,. Engineers SurveyorsMappers , Shalloway. Fey __ Rayman & Newell, lnc. Jay G. Foy, P.E. Gary M. Rayman, P.S.M. Warren H. Newell Brian J. LaMotte, P.E. Keith B. Jackson, P.E. Mark G. Law, Deputy Utility Director City of Boynton Beach 134 East Woolbright Road Boynton Beach, FL 33435 RE: COSTA BELLA SFRN PROJECT #00017 June 23,2000 Dear Mark, It is our pleasure to submit to you our proposal to perform the engineering design and permitting for the flooding in the Costa Bella neighborhood. We have analyzed the asbuilt and survey information you gave us and have baSed this proposal on a combination of acquiring additional land for retention and improving the outfall system. Depending on the degree of storage protection and budget there are various options to both the retention and discharge components that will need to be examined. This proposal does not include any costs for the acquisition and coordination of property or related services such as lot surveys, appraisals or legal fees. SCOPE OF WORK PHASE I - DESIGN AND PERMITTING I. Survey Obtain topographic and location survey information for the proposed outfall pipe running to the south through the church property and west to the E-4 Canal. B. Confirm topographic information obtained from the City of Boynton Beach. 1201 Belvedere Road West Palm Beach, FL 33405 (561) 655-I 151 Fax 832-9390 shalloway@s f r n i n c.com www. sfrninc.com Sub Total $ 3,480.00 LAW06-23-O0 SFRN #00017 PAGE 1 *11. III. IV, Engineering Design A. Analysis the present surface water management system to determine stages. Meet with South Florida Water Management District and Drainage District to discuss the plans prior to final design submittal. ' Lake Worth and permit C. Compute stage-storage calculations for the contributing drainage basin. D. Present up to three (3) different variations to the system analyzing the use of one or several existing lots for retention. E. Meet with City staff to discuss the options and costs associated with each. Design of a separate out*fall through the church property to the south and along Old Boynton Road to the C-4 Canal. This outfall may incorporate drainage from the church site as a trade-off for the establishment of a drainage easement. Preparation of a complete set of engineering construction plans, calculations and specifications for the project. Sub Total $17,500.00 Permit Application Submittal A. Prepare permit applications to the following agencies: South Florida Water Management District - Surface Water Management Lake Worth Drainage District - Discharge Palm Beach County Engineering Department - Work within the Right-of- way Sub Total $ 2,700.00 Permit Follow Up Permit follow up will be performed on a time and expense basis per the attached Fee Schedule (Discounted Rate) with a not-to-exceed without prior authorization amount of $7,500.00 Budget $7,500.00 PHASE I TOTAL $31,180.00 LAW0~-23-00 SFRN fR0017 PAGE 2 PHASE II - BIDDING AND CONSTRUCTION COORDINATION I. Bidding II. A. Co Prepare bid package including plans, specifications, standard City of Boynton Beach forms and documents Coordinate and attend the pre-bid meeting. Respond in writing to questiOns from bidders. and the appropriate Issue and coordinate any needed addenda and distribute addenda to all bidders. Coordinate and attend the bid opening meeting. Advise the City on the apparent Iow bidder and make recommendations. Total for Bidding $ 5,910.00 Construction Coordination Perform field observations and provide written reports. Sub Total $ 6,105.00 B. Review pay requests and make recommendations to the City. Sub Total $1,700.00 Review change order requests and make recommendations to the City. Sub Total $1,300.00 Prepare and submit certifications and record drawings to all applicable governmental agencies. Sub Total $ 2,400.00 Total for Construction Coordination $11,$05.00 PHASE II TOTAL $17~416.00 GRAND TOTAL - PHASES I & II $ 48.595,00 SFRN PAGE 3 V. Reimbursables VI. All office administration costs incurred by SFRN attributable to this project will be invoiced monthly to the client. These expenses typically include, but are not limited to, processing fees, submittal fees, reproduction costs, travel expenses and long distance telephone calls, etc. Additional Work A. If any additional services are needed we will perform this work on a time and expense basis per the attached Fee Schedule (Discounted Rate). If this proposal is acceptable please execute both originals and return one to our office. If you have any questions please do not hesitate to call. Very truly yours, Vice President BJL/thw Attachment AUTHORIZATION: PROJECT:COSTA BELLA SFRN PROJECT #00017 I hereby authorize Shalloway, Foy, Rayman & Newell, Inc. to perform the above services: .,ho ze, ,,..e ~ & I am am not The Owner is: the Owner of the property. ~y Name) (Name) (Address) LAW05-23.00 SFRN #00017 PAGE 4 Engineers Surveyors Mappers $&olloWoy.. Foy hymoa & Newell, le¢. Gary M. Rayman, P.S.M. Warren H. Newell Brian J. LaMolle, P.E. Keith B. Jackson, P.E. SHALLOWAY, FOY, RAYMAN & NEWELL, INC. FEE SCHEDULE (10/01/97) REGULAR DISCOUNTED RATE RATE PRESIDENT $ 195.00 $ 150.00 EXPERT WITNESS 195.00 160.00 PRINCIPAL 165.00 130.00 PROJECT MANAGER 120.00 90.00 LAND SURVEYOR 110.00 85.00 COMPUTEPJGIS TECH 80.00 66.00 FIELD REPRESENTATIVE 120.00 90.00 TECHNICIAN 75.00 60.00 ADMINISTRATIVE ASSISTANT 45.00 40.00 3 PERSON SURVEY CREW 125.00 95.00 2 PERSON SURVEY CREW 105.00 80.00 CLERICAL 40.00 35.00 The Client shall pay all direct expenses such as reproduction costs, long distance telephone, travel and mileage. 1201 Belvedere Road West Palm Beach, FL 33405 (561) 655-1151 Fax 832-9390 shallo way@s f r n in c. eom www. sfrninc:com 97DIS-1 Engineers Surveyors Mappers Shaliowgy. Foy-. . ~ ' Royman&Neweh,~nc. K. Daniel Slmlloway, P.E. ]ay G. /:ay, Gary M. Rayman, Warren H. Newell Brian J. LaMotte, P.E. Keill~ B. Jackson, P.E. July 6, 2000 Mark G. Law, Deputy Utility Director City of Boynton Beach 134 East Woolbright Road Boynton Beach, FL 33435 RE: COSTA BELLA SFRN PROJECT #00017 Dear Mark, Enclosed is the tentative schedule to accomplish the Scope of Work as outlined in our July 5, 2000 proposal. This schedule is based on receiving authorization to proceed by July 17, 2000. If you have any questions please do not hesitate to call. Very truly yours, Vice President BJL/thw Attachment c: J. Foy, P.E. 1201 Belvedere Road West Palm Beach, FL 33405 (561) 655-1151 Fax 832-9390 sha/Ioway@s f r n i n c.com www. sfrninc, com LAW07-06-00 SFRN #OOO17 PAGE 1 C Imlol~ ~ ~ = i o i~' I~'1~ m' ~ · -., ~. o i ~ 0 ~ o ~ I~.1~/ lal~/ I~1~/ ~ ~ ~ m m~ . ( , CONSULTANT AGREEMENT FORM COSTA BELLA SUBDIVISION STORM WATER IMPROVEMENTS PROJECT THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and Shalloway Foy Rayman & Newell, Inc., hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform services in connection with the project designated COSTA BELLA SUBDIVISION STORM WATER IMPROVEMENTS PROJECT. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by 12 months from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $48,595.00 without express written modification of the agreement signed by the City. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 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, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence and $1,000,000.00 aggregate for personal injury; and $1,000,000.00 per occurrence /aggregate for property damage, and professional liability insurance in the amount of $1,000,000.00. 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 deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 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.The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 -0310 Attn: PROCUREMENT SERVICES Notices to Consultant shall be sent to the following address: Shalloway Foy Rayman & Newell, Inc. 1201 Belvedere Road West Palm Beach, Fl 33405 1. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this day of " 15 2000. CITY OF BOYNTON BEACH lor Mayor Co at. Brian J LaMotte, P.E., Vice President Shalloway, Foy, Rayman & Newell, Inc. Attest/Authenticated: Title etq (Corporate Seal) Ci Clerk Approved as to Form: Attest/Authenticated: J Office of the City Attorney `' Secretary Rev. 1/22/91 COSTA BELLA SUBDIVISION STORM WATER IMPROVEMENTS PROJECT "Offers from the vendors listed herein are the only offers RFQ OPENING DATE: MARCH 14, 2000 received timely as of the above receiving date and time. RFQ OPENING TIME: 2:30 P.M. All other offers submitted in response to this solicitation, RFQ #: 036 - 2821- 00 /CJD if any, are hereby rejected as late" l !/ VENDORS KIMLEY -HORN & ASSOCIATES PBS &J FRN 4431 EMBARCADERO DRIVE 3222 COMMERCE PLACE, STE. A 1201 BELVEDERE ROAD WEST PALM BEACH, FL 33407 WEST PALM BEACH, FL 33407 WEST PALM BEACH, FL 33405 561 - 845 -0665 561 - 689 -7275 561- 655 -1151 ATTN: MICHAEL SPRUCE ATTN: RONALD M. ASH ATTN: DAN SHALLOWAY ANTI- KICKBACK AFFIDAVIT YES YES YES SUBMITTED STATEMENT OF BIDDER'S YES YES YES QUALIFICATIONS NONCOLLUSION AFFIDAVIT OF PRIME YES YES YES QUALIFIER CONFIRMATION OF MINORITY FORM SUBMITTED /NOT A FORM SUBMITTED /NOT A NO OWNED BUSINESS SUBMITTED MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS CONFIRMATION OF DRUG -FREE YES YES YES WORKPLACE SUBMITTED 10 COPIES SUBMITTED YES YES YES COMMENTS COSTA BELLA SUBDIVISION STORM WATER IMPROVEMENTS PROJECT • "Offers from the vendors listed herein are the only offers RFQ OPENING DATE: MARCH 14, 2000 received timely as of the above receiving date and time. RFQ OPENING TIME: 2:30 P.M. All other offers submitted in response to this soiidtation, RFQ #: 036- 2821- 00 /CJD if any, are hereby rejected as Tate" VENDORS CARR SMITH CORRADINO CRAIG A. SMITH & ASSOCIATES • INGECO USA CORPORATION • 4055 N.W. 97TH AVENUE 1000 WEST MCNAB ROAD 3701 JACKSON STREET, STE. 103 MIAMI, FL 33178 POMPANO BEACH, FL 33069 HOLLYWOOD, FL 33021 954- 777 -0044 954- 782 -8222 954- 987 -4203 ATTN: SHAHIN HEKMAT ATTN: GENE R. SCHRINER ATTN: PATRICK MERKILED ANTI - KICKBACK AFFIDAVIT YES YES NO SUBMITTED STATEMENT OF BIDDER'S YES YES YES QUALIFICATIONS NONCOLLUSION AFFIDAVIT OF PRIME YES YES NO QUALIFIER CONFIRMATION OF MINORITY FORM SUBMITTED /NOT A FORM SUBMITTED /NOT A FORM SUBMITTED /NOT A OWNED BUSINESS SUBMITTED MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS CONFIRMATION OF DRUG -FREE YES YES YES WORKPLACE SUBMITTED 10 COPIES SUBMITTED YES 12 COPIES 10 COPIES COMMENTS