R03-003 R03 - oo3
CONSULTANT AGREEMENT FORM
GENERAL ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City ", and PBS &J., 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 Utility
Relocation Design services in connection with the project designated Lawrence Road
Roadway Improvements from Gateway Blvd. to Boynton Beach Blvd., (in conjunction with
Palm Beach County Engineering Project no. 97509).
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 (60) 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
$24,800 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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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 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 and hold harmless the City, its officers
and employees, from and against any and all losses or liability, or any portion thereof,
including attorneys fees and costs, arising from injury or death to personsor damage to
property caused 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 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 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 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.
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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.
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: Peter Mazzella, Utilities Department
Notices to Consultant shall be sent to the following address:
Mr. Douglas Norris, P.E.
Program Manager
PBS &J
3230 Commerce Place, Ste. A
West Palm Beach, FL 33407
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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 7 day of Ja.n.ry 2003
CITY OF BOYNTON BEACH
.1.4e 0 ALM
City Manager Consultant
KURT BRESSNER
CITY MANAGER
BOYNTON BEACH, FL
Attest/Authenticated: 1/1- ��e-5'lbEdv7
Title
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Approved as to Fo • Attest/Authenticated:
Office of the City • to - y Secreta
BECKY S. SCHAFFER
ASSISTANT SECRETARY
Rev 1/22/91
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Exhibit A
Lawrence Road Water and Sewer Utility Relocations Scope of Work
Project Number 140483
Project Description - The project involves City of Boynton Beach utility relocations on Lawrence
Road located from Boynton Beach Boulevard to just north of the L -22 canal. The County is
reconstructing this roadway and the City has several water and sewer lines to be relocated within the
project length. The attached fee schedule is based upon the scope of services below and the attached
relocation schedule.
Task 1 Project Control
Task 1.1 Project Meetings
PBS &J anticipates holding two design review meetings with the County.
Task 1.2 Design Reviews
PBS &J will provide the Plans and Specifications at 50% and 100% design for review by the County.
Design review meetings will be held approximately one week after each submittal.
Task 2 Design
Task 2.1 Plans and Specifications
PBS &J will prepare plans and technical specifications for the project in accordance with Palm Beach
County' s requirements.
It is anticipated that the existing plan and profile sheets already prepared will serve as the
background for the water and sewer utility relocation plan sheets. Based on the information
provided, it is anticipated that horizontal relocations of the force main will be required at three of the
drainage structures as well as approximately 1,000 linear feet from Station 284 +00 to Station
294 +20. A profile will be prepared for this 1,000 linear feet of force main and will be included on
the applicable plan sheets. Additionally, based on the information provided, it is anticipated that
there are 17 vertical conflicts for the water main and 7 vertical conflicts for the force main. Details
will be provided for each of these locations showing the required adjustments to the water and sewer
utilities. Required details and construction notes will also be provided.
Task 2.2 Construction Cost Estimate
PBS &J will prepare an estimate of probable project costs with the 100% design submittal.
Exhibit A Page 1
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Exhibit A
Lawrence Road Water and Sewer Utility Relocations Scope of Work
Project Number 140483
Assumptions and Exceptions
• The scope is based on the 96% submittal plans and the information provided on these plans
pertaining to locations and elevations of proposed and existing utilities. If there are any
changes to the proposed and/or existing utility information, this scope of work and fee is
subject to revision based on additional relocation work not listed above.
• The water line at the L -22 canal does not involve any revisions to the bridge plans or
spanning of the canal.
• Relocation and/or adjustment of gravity sanitary sewers is not included in this proposal. The
information provided on the plans does not provide enough information to determine if there
are conflicts with the gravity sanitary sewer system.
• The plans show the existing 8 -inch force main terminating at STA 306 +67. Therefore, no
force main conflicts are included north of this station.
• No work north of Station 310 +50 is included.
• Conflict with associated with new bridge are not included with this scope of work.
Exhibit A Page 2
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The City of
Boynton Beach .
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124E Woolbright Road
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Boynton Beach, Florida 33435
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e/ j '. FAX (561)742 -6298
OFFICE OF THE DIRECTOR OF UTILITIES
LETTER OF TRANSMITTAL
TO: Janet Pranito DATE: February 18, 2003
City Clerk
RE: Original executed agreement — Lawrence Road , Gateway to Boynton Beach Blvd.
Resolution #03 -003
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
Copies Date No. Description
1 Original executed agreement
REMARKS: Please file accordingly.
CC: Pete Mazzella
Barb Conboy
SIGNED: ; o?-,1,03