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R95-150RESOLUTION NO. R95-/~-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR CONSULTANT ENGINEERING SERVICES WITH MOCK ROOS & ASSOCIATES, FOR DESIGN SERVICES ONLY, FOR THE WATER MAIN ON GATEWAY BLVD, WEST OF LAWRENCE ROAD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Water and Wastewater Master Plan recommended that the City construct a new water main along Gateway Boulevard, west of Lawrence Road; and WHEREAS, Palm Beach County is planning to construct the southern portion of Gateway Blvd., in the next fiscal year and it would be most cost-effective for the City to have the proposed water main incorporated into the roadway design by the County's consultant (Mock Roos & Associates); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~ The City Commission of the City of Boynton Beach, does hereby authorize and direct the Mayor and City Clerk to execute an Agreement for Consultant Engineering Services with Mock Roos & Associates, said Agreement being attached hereto as Exhibit "A". ~ That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this /9 day of September, 1995. ATTEST: Mayor ~ Vice Mayor City Clerk (Corporate Seal) Authsig. Doc Utiilt±es.No.95-283 9/12/95 .. 1 CONSULTANT AGREEMENT Fdl2M Engineering Design Phase SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and Mock, Roos & Associates, 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 Design Phase services in connectien with the project designated Waterjnaiji on Gatewav Boulevard between Lawrence Rnad and Windward Passage 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 within 90 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $ 9600.00 without express written modification of the agreement s gned 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 bomplete 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 IfC "d 3 .5 AIf 5OYNTC'E J L::...,, l'AA NU 4U/ jf bLyb r j Consultant Agreement Page 2 three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. compliance with laws. Consultant shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. Indemnification. The Design Professional agrees, to the fullest extent permitted by law, to indemnify and hold the Client harmless from damages and losses arising from the negligent acts, errors or omissions of the Design Professional in the performance of professional services under this Agreement, to the extent that the Design Professional is responsible for such damages and losses on a comparative basis of fault and responsibility between the Design Professional and the Client. The Design Professional is not obligated to indemnify the Client for the Client's own negligence. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence /aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton . Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax oz. 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. ,..r, '2 '7 - F 2 , , r ,1,,. FE, ..= 'A, e ? 4 Consultant Agreement Page 3 10. covenant in A ast Contin ent 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, id 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. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. Non - Waiver. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. Termination. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Disputes. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. UT11 -' ^ -OF MnV � , r P! Pivg Consultant Agreement Page 4 :16. Notices. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 -0310 Attn: Notices to Consultant shall be sent to the following address: Mock, Roos & Associates, Inc. 5720 Corporate Way West Palm Beach, FL 33407 / Attn: John R. Leemon 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this( day of Ac 199 . CITY OF BOYNTON BEACH Alt ei ayor C sultant J John R. Leemon Attest /Authenticated: Senior Project Manajer Title Ci Clerk (Corporate Seal) Approved as to Form: Attest /Authenticated: Office of the City Attorney Secrete Rev. 1/22/91 EXHIBIT A - SCOPE OF SERVICES 8 AND 12 -INCH WATERMAIN ON GATEWAY BOULEVARD for CITY OF BOYNTON BEACH The scope of services for the Design Phase of the Project shall include the design of a watermain ranging in size from 8 to 12- inches along Gateway Boulevard between Lawrence Road and Windward Passage. The design will be shown on existing completed plan drawings for the "County of Palm Beach Project No. 93502, Gateway Boulevard, Military Trail to Congress Avenue," prepared by Mock, Roos and Associates, Inc. for the County. During the course of the design the Consultant will be responsible for: field survey checking only since the survey of this route has been previously completed, checking existing known buried utilities for potential conflicts, design and drafting on existing plan sheets, drafting a detail sheet of needed details of construction, preparation of technical specifications based of standards of the Utility Department and /of DOT standards, preparation of a permit application for filing with the Public Health Unit, HRS (standard information for completing the form will be furnished by the City and permit fee will be furnished by the City), preparation of a preliminary estimate of probable construction cost based on recent bids received on similar construction projects, and coordination with the City and County. The deliverables for this phase of the Project include: plan drawings and specifications at the 90 percent of completion milestone, completed DEP Permit Application for filing with the Public Health Unit, final plan drawings and specification (after receipt of the City's comments on the 90 percent plan set), and a preliminary estimate of probable construction cost. The level of effort for this scope of work is more specifically set forth in the attached Estimate of Probable Design Phase Engineering Fees. EXHIBIT B - COMPENSATION The Consultant will invoice the City based on the Consultants standard hourly wage rates plus applicable reimbursable expenses incurred for work completed during the previous billing. The Consultant's billings will not exceed the budget amount of $9600 without prior written approval from the City. The Consultant will be willing to provide any Engineering Services in addition to the above scope of work, including services during the Construction Phase, on the basis of our standard hourly wage rates plus applicable reimbursable expenses upon receipt of written direction form the City. Mock, Roos & Associates, Inc. /IRL July 17, 1995 8 AND 12 -INCH WATERMAIN ON GATEWAY BOULEVARD for CITY OF BOYNTON BEACH Estimate of Probable Design Phase Engineering Fees SR FIELD CADD ADMIN. TASK PM PE PLS CREW DRAFT ASSIS'T, TOTAL 100 75 75 90 60 40 I. Design Phase Services Field Survey Check 1 2 8 970 Check Utility Conflicts 2 8 8 2 1,360 Engineering Design 2 12 1,100 Drafting on Exist. Sheets 1 4 40 2,800 Drafting - Detail Sheet 1 8 555 Specifications 2 4 2 580 HRS Permit 2 6 1 690 Coord. w /County 2 4 2 580 Client Meetings /Coord. 4 2 4 710 Total Hours 16 41 2 8 56 11 9,345 Hourly Rate 100 75 75 90 60 40 Total By Staff Category 1,600 3,075 150 720 3,360 440 Total Hourly Cost 9,345 Reimbursable Expenses 255 TOTAL BUDGET $ 9,600 Mock Roos & Associates, Inc. /JRL July 17, 1995