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