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
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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.
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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.
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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