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R93-196RESOLUTION NO. R93-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING THE BID FOR CONTAMINATION ASSESSMENT AND REPORT ON OLD FUEL TANK SITE LOCATED AT PUBLIC WORKS COMPLEX TO UNIVERSAL ENGINEERING SCIENCES IN THE AMOUNT OF $8,070.00, BID NO. 066-394-'93-CJD; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND UNIVERSAL ENGINEERING SCIENCES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were opened for the Contamination Assessment and Report on o1~ fuel tank site at Public Works Complex on October 26, 1993, Bid No. 064-394-93/CJD; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to award the bid to UNIVERSAL ENGINEERING SCIENCES as the most responsive and responsible bidder meeting specs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON B~ACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida} hereby awards the bid to UNIVERSAL ENGINEERING SCIENCES, as the most responsive and responsible bidder meeting specs, and authorizes and directs the Mayor and City Clerk to execute a Contract between the City of Boynton Beach and UNIVERSAL ENGINEERING SCIENCES, which Contract is attached hereto as Exhibit upon Section 2. This Resolution shall take effect immediately passage. PASSED AND ADOPTED this ~ day of December, 1993. CITY OF BOYNTO~ BEACH, FLORIDA May r / ~/ Cit~/Clerk ~ (Corporate Seal) CO~.A~smt.Rept. Public Works. 12/2/93 CONSULTANT AGREEMENT FORM ENVIRONMENTAL TESTING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Universal Engineering , 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 environmental testin9 services in connection with the project designated Public Works Contamination Assessment Report SCOPE OF SERVICES. Consultant agrees to perform the services, iden- tified on Exhibit "A" attached .hereto, including the provision of all labor, materials, equipment and supplies. {Refer to Proposal #066-394-g3CJD) e TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consul. tant shall perform all services and provide all work product required pursuant to this agreement by 30 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: 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 $ 8,070.00 without express written modification of the agreement signed by the City. 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 appro- val thereof, payment will be made to the Consultant in the amount approved. Ce 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. de 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. 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. 10. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifica- tions 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 reprodu- cible 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 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 andemployees, 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 injunies, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or fail'ure~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 $5~O,O00,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 $1,000,0~0. 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 sec- tion shall be delivered to the City within fifteen (15} days of execu- tion 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 bet- ween 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 per- son, other than a bonafide employee wo~rking 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 11. 12. 13. 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 ser- vices 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. 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 pro- ject, 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: Notices to Consultant shall be sent to the following address: Universal Engineering Sciences 7567 Central Industrial Drive Riviera Beach, FL 33404 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, cepresents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, repre- sentations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this=2~-~day of 199.-~ CITY OF BOYNTON BEACH Attest/Authenticated: City Clerk Title {Corporate Seal) Approved as to~orm: y Attorney Of~fi~e of the Attest/Authenti cated: Secretary I ~ Rev. 1/22/91