R11-0511
RESOLUTION NO. R11- O 5
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A RESOLUTION OF THE CITY OF BOYNTON
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BEACH, FLORIDA, APPROVING A CONTRACT
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BETWEEN THE CITY OF BOYNTON BEACH AND
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AECOM TECHNICAL SERVICES, INC., FOR THE
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PARTIAL DESIGN SERVICES FOR REPAIR AND /OR
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PARTIALLY REPLACE A PORTION OF THE
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STORMWATER BASIN BOARDWALK IN THE
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AMOUNT OF $22,000.00 PLUS DIRECT EXPENSES;
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AUTHORIZE THE CITY MANAGER AND CITY
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CLERK TO EXECUTE THE CONTRACT; AND
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PROVIDING AN EFFECTIVE DATE.
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16 WHEREAS, at the November 3, 2010 City Commission meeting the City
17 Commission of the City of Boynton Beach authorized staff to negotiate with the selected
18 firm for a consultant fee for the design services for repair and/or partial replacement of a
19 portion of the " STORMWATER BASIN BOARDWALK FOR THE CITY OF BOYNTON
20 BEACH "; and
21 WHEREAS, the City Commission of the City of Boynton Beach upon
22 recommendation of staff, deems it to be in the best interest of the citizens of the City of
23 Boynton Beach to approve a contract with AECOM Technical Services, Inc for the partial
24 design services for repair and /or partially replace /relocate a portion of the " STORMWATER
25 BASIN BOARDWALK FOR THE CITY OF BOYNTON BEACH" in the amount of
26 $22,000.00 and authorize the City Manager and City Clerk to execute the contract.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
30 being true and correct and are hereby made a specific part of this Resolution upon adoption
31 hereof.
S \CXRESOWgreements%Reso - AECOM Contract (Stormwater Basin Boardwalk) doc
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1 Section 2. The City Commission of the City of Boynton Beach, Florida does
2 hereby approve a contract with AECOM Technical Services, Inc for the partial design
3 services for repair and /or partially replace /relocate a portion of the "STORMWATER
4 BASIN BOARDWALK FOR THE CITY OF BOYNTON BEACH" in the amount of
5 $22,000.00, a copy of which is attached hereto as Exhibit "A ".
6 Section 3. The City Commission of the City of Boynton Beach hereby authorizes
7 the City Manager and City Clerk to execute the contract with AECOM Technical Services,
8 Inc.
9 Section 4. This Resolution shall become effective immediately upon passage
10 PASSED AND ADOPTED this 7 ii1. day of April, 2011.
11 _ CITY OF BOYNTON BEACH, FLORIDA
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14 Jose Rodri
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27 ATTEST:
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30 r Jan t M. Prainito, MMC
31 ' y Clerk
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33 (Coa
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William's rlove
Woodrgw;L Vay
/ Steven Holzman
Contract (Stormwater Basin Boardwalk) doc
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R,tt - o5t
EXHIBIT "A"
CONSULTANT AGREEMENT FOR
STORMWATER BASIN BOARDWALK DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City ", and AECOM, hereinafter referred to as "the Consultant ", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSULTANT services in connection with the project designated STORMWATER
BASIN BOARDWALK DESIGN SERVICES.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"B" 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 ail work product required pursuant to this agreement by " 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
$22,000.00 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.
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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 pen 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 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.
7. 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.
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
$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.
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.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a honafide 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.
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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.
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.
I'). 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 tenninate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a mernber, 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.
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
Notices to Consultant shall be sent to the following address:
AECOM
2090 Palm Beach Lakes Blvd.
Suite 600
West Palm Beach, FL 33409
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EXHIBIT "B"
Scope of Services
Refer to Consultant's standard schedules 1 thru 4 (attached) for specifics.
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The City of Boy nton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742-6090
E -mail: prainitoj @bbfl.us
www. boynton- beach.org
April 28, 2011
Leo Giangrande, PE
Client Service Manager
AECOM
2090 Palm Beach Lakes Blvd. — Suite 600
West Palm Beach, Florida 33409
Re: Resolution RII -051 Agreement for Stormwater Basin Boardwalk
Design Services
Dear Mr. Giangrande:
Attached for your handling is the original contract mentioned above. Once the
document has been executed, please return the original document to the City Clerk's
Office for further processing.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
&etM. Prainito, MMC
City Clerk
Attachment
Us
S: \CC \WP \_AFTER CONIXIISSION \Other Transmittal Letters _after Commission \2011 \R11 -051 _UCONI Consultant _agreement for Starmwater
Basin Boardwalk Design Services.doc
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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.
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DATED this J1 day of Uq
_ U
CITY OF BOYNTON BEACH
City Manager
Attest /AUthenticated:
C ty C'1 rk
Approvec
Office of
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AECOM TECHNICAL SERVICES
Consu taz.t
Title
(Corporate Seal)
ted:
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 @bbfl.us
www.boynton- beach.org
MEMORANDUM
TO: Engineering Department
FROM: Janet M. Prainito
City Clerk
DATE: June 1, 2011
SUBJECT: Rll -051 — Storm Water Basin Boardwalk Design Services
Attached for your information and file is an executed copy of the agreement mentioned
above. Since the document has been fully executed, I have retained the original for
Central File.
Please contact me if there are any questions. Thank you.
Attachment
(Agreement)
C: Central File
SACC \WP \AFTER COMMISSION \Departmental Transmittals \2011 \Engineering Dept R11 -051 Executed.doc
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