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R92-30RESOLUTION NO. R92~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ARDAMAN & ASSOCIATES, INC., TO PERFORM SOILS ENGINEERIN~ SERVICES ON CITY-OWNED VACANT LOTS IN CONJUNCTION WITH THE CITY'S INFILL PROGRAM; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach. intends to build affordable single-family homes on sixteen (16) lots owned by the City for qualified homebuyers as part of the Infill Program; and WHEREAS, these vacant lots must be tested to evaluate the classification and other characteristics of the subsurface ~aterials involved prior to site preparation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ~ITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor and City Clerk are hereby directed =o execute an Agreement between the City of Boynton Beach and Ardaman & Associates, Inc., to perform soils engineering services on City-owned vacant lots in conjunction with the City's Infill Program, a copy of said Agreement being attached hereto as Exhibit "A". Section 2. upon passage. This Resolution shall take effect immediately PASSED AND ADOPTED this /8 day of February, 1992. CITY OF BOYNTON BEACH, FLORIDA ~TTEST: ( ~Qr~0~r~te Sea. t } tl%F~I ~L. AGR Mayor Vice Mayor' C~oner CONSULTANT AGREEMENT FORM SOILS ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, mutual benefits, .terms, and conditions hereinafter specified. the 1. Project Desiqnation. The Consultant is retained .by the City to p~rfo~m Soils Engineering services in connection with the project designated The InfiI1 Pro,ram o Scope of Services~ ~ Consultan~ agrees to perform the services, identified on Exh~ibit "A" a%tached hereto, including the provision of all labor, materials, equipment and supplies. Time for Performance. Work under this contract shall commence upo~ 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 Ten (t0) calendar days from the date written notice is given to proceed~ unless an ~xtension of such time is granted in writin~ b~ the City. (See Section 16 herein "Term of A~reement"). '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 pal;ment to Consultant shall not exceed ~2,560.00' without express written modification of the agreement s!gned by the City. *See Exh~it "B" attached herewith. The consultant may submit vouchers to the City once per month during the progress of the work for partial pa!gnen~ 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. 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 accepn~nce by th~-City. Payment as Drovided in this section shall be full compensation for work performed, services rendered all materials., supplies, equipment and incidentals to complete the work. and for necessary 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 Consultant Agreement Page 2 final payments. Copies shall be made three (3) years after available upon request. 5~ Ownership a~d Use of Documents~ A!! .d.c~n~s,. ~ra~ings~. . . specif i~at~0ns :and ~ther mate~l~ p~0c[u~e~ ~.~nt~a~a~ ~onne~tion with ~ne se~ ~-M~-~ ~ ~ · _2 ~b~ Which the~ ~ ~he ~rone~-fiv of the City Wh~ther tne ~ro.3eu~= ~ ' ' ~!e~n~o~t~%~d~~ re~d~~~rP~~n~t~d . ~ ........ , ~-=~r~dd~an~usa~in connection specifications-~Or~ln~ormauiOm, ,==~z. with Consultant'.s~endea~ors 6. Com liance with laws. ConSultant shall,'in.perf0rmi~g the ser~iCe~ contemplated b~ ~'iS~;a~ree"men~',~:%~~rve and domply ~it~ al~ federal', ~a~fie ~nd ~o~a~ ~taws i~ ~h~S and rsg~%atiO~ -thkt~- ara applfcable to :~e, ser~vi~es: ~: ~e~ r~ndered under this agreement. ..... ~ -=-~ ~d'emnifv, defend and hold 7. indemnification, uonsul~a~L ~l~ ~ harmless the City, its~ff~'ce~s, age~ts and emplo,ye~s, from and against any a~d all cla:im or 'liabilityr O~anY portion thereof, including at . and costs, arising~from injury 6r death.t0 p~sons, i~c~ding~injuries"~ick~e'Ss' disease or death ~o Consultant's Swn~mPloye~s, or damage~to~property occasioned by a negligent act, omission or faiiura of the' Consultant. : 8. Insurance. The Consultant shall secure and maintain ~n force throughout the duration ~f~ this contract~comprehensive general ~iability insurance with a minim~[coverage of $5~0,000 per occurrence and $1,000,00C aggregate'for personal ~njury; and $500;~00 per occurrence/aggregate for proper~ damage, and ~tofessional liability insurance in the amount[ 0f~'$1,000,000- Said general liability policy shall n~e the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon ~hiruy (30) days prior written notice to the City~ certificates of coverage as required by this section shall be ~delivered to the City within.fifteen ([5) days of execution of this agreement. independent'Contractor- The C~nsultant and the:.C~ty agree that 9. ~he Consultant is an independent contractor with respect, to the services provided pursuant to this agreemenz. Nothing in this agreement shall be considered to create the rel'a~ionship of employer and employee between the parties hereto- Neither Consultanz nor any employee of Consultant shal~ be entitled to any benefits accorded City employees by virtue ,of the services provided under this agreement. T~e City shall not be responsibl~ ~or withholding or o~herwise d~ducting federal income ~ax or social security or for contributing to the state industrial insurance program, otherwise ass~ing the duties~of an employe~ with respect to Consultant, or any employee o~f Consultant. Consultant Agreement P~ge 3 10. 1t. 12. 13. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or re=ained any company or person, other thau 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 b6nafide employee workin~ s61ely 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 otherwis~ 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 selectionand retention of empleyees or procurement of materials or supplies. Assiqnment. The Consultant shall not sublet or assign any of the services cove~ed 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 5greement shall not constitute a waiver of any other provision. 14. Termination. The City reserves the right any time by giving ten (10) Consultant. to terminate this agreemenn at days written notice to the In the event of the death of a member, partner or officer o~ the Consultant, or any of its supervisory personnel assigne< to the project, the surviving members of the Consultann 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, ii 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. Venue should be in Palm Beach County Florida. 16. term of Agreement. The terms and conditions set forth in this Agreement (including fees and scope of services) shall remain valid for a period of one (1) year from the date of this Agreement. The City has the option to renew this Agreement for an additional one (1) year period by serving written notice to consultant thirty (30) days before expiration of initial term. C~nsul'tant Agreement Page'4 ~otices. ~Notices'to the City of Boyn~on. Beac~ shall -. s. ent to the following address: / City of 3Boynton Beach / p.O. :Box 310 /-. Boynton Beach, FL 33~425-031,0 Attn: Notices ~o Cons following address':' Felix A V~rKara, P. E. ' // ~Ardaman & Associates~ Inc~ - . 2511 Westgate Avenue, S~te 10 : West Palm Beach, FL 33~09 18. Integrated Aqreement. Thi/Agreement, together with ~ttachmentm or addenda, rep~es, ents the entire and integrated agreement betwe~ ~he~city and the Consultant and supersedes ~!'prio~ ~g0tiations, representations, or agreements ~itten'or oral. This agreement may'be amended/only.-by'written instrument signed by both City and/ConsUltant'. 199 DATED this day of C~TY OF BOYN~)N .BEACH / Vice Mayor Attest/Authenticate: Ci~ Clerk ' J ~ Appro yo Form: Offic'e~of/ ~e City Attorney Rev. 1/22/9 Consultant Title (Corporate Seal) Attest/Authenticated: Secretary" lonsul't~t. Agreement Page'4 ~ot~ces. Notices' to the City of Bo~nton Beach shall 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} Felix A Vermara, P. E. ' 'Ardaman & Associates~ Inc. 2511 Westgate Avenue, Suite 10 West Palm Beach, FL 33409 be 18. Inteqrated Aqreement. 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. DA~ED this ~ day of ~"~7 199 ~ CITY OF BOYNT~N .BEACH Vice Mayor ~ Attest/Authenticated: Ci~Clerk Appro d s to Form: Offii"~~o~~e"City A~torney Rev. 1/22/91 Consultant ~-6- /?,%~-~-~--~rr~.~' -.' ' -.,' ' ' Title (Corporate Attest/Authenticated:' Secretary-. EXHIBIT AGREEMENT FOR SOILS ENGINEERING SERVICES SGOPE OF SERVICES The 1. Scope of Services to be provided under this agreement are as follows: PHASE I. Perform subsurface exploration consisting of two auger borings per lot to s depth of 15 feet each boring and one standard penetration boring to a depth of 15 feet every fourth lot or as code requires, for each of the sixteen (16) lots described below: Lots 7 and 8, Block 45. and Lots 27 through 34, Block 42. Rolling Green Ridge Second Addition, as recorded in Plat Book 26, at Page 214. Palm Beach County Public Records. And: Lot 5, less the Northerly 46 feet and less the Interstate 95 right-of-way, Block 44. Rolling Green Ridge 1st Addition. as recorded in Plat Book 24, Pages 223 thru 226, Palm Beach Records AND Lots 6 through 8 and 18 through 21. tess the Interstate 95 right-of-way on all of the foregoing, Block 44. Rolling Green Ridge 2nd Addition, as recorded in Plat Book 26. Page 214, Palm Beach County~ Records. (Further illustrations provided on the site map and surveys attached hereto.) a) Ail lots are vacant and clear. b) Ail borings shall be done at one time. c) Separate reports shall be issued for each lot. PHASE II. Perform density tests on building pads (three tests per lot) on an as needed basis. SUPPLEMENTAL CONDITIONS A~TICLI i. The scope of services ms predicated on the project being performed in accordance with the applicable codes and permitting requirements in force at the time of the agreement. ARTICLE 2~ If a question or a claim of alleged error or omission in the Consultant's services plans or specifications occurs~ the City shall notify Consultant within 48 hours of discovery of such. The Consultant will correct such mistake in it's services, plans or specifications, at no cost no the City. ARTICLE 3. Agreements of Consultant. As an inducement to the execution ~f this agreement by the City and in consideration of the agreements Eo be performed by the City, the Consultant agrees that: (a) ~. The Consultant is qualified to perform the services no be furnished under this agreement and is permitted by law no perform such ~ervices. and ali personnel engaged in the work shall be qualified ~nd so permitted to do the work they perform. Page 2 - Exhibit "A" - Scope of Services (S6ils Engineering Agreement) (b) Interest of Consultant and Consultant's Emmlovees. The Consultant does not have any interest direct or indirect, presen£ or prospective, in any properny to,be surveyed, which would con~lict~in any manner or degree with the performance of the services go be performed under this agreement. <c) Services ~to BeConfidential. All services, including reports~ opinions. and iufoma5ion, to' be furnished ~under this agreemen~ are confidential and shall not be divulged, i,n' whole or in part, ~oi any, person, other than to duly authorized representatives of the City~ without prior written approval of the - ~ ' .- ...... ~ .... a j~J~ciai'proce~d~ng or'as otherwise C~t¥1 .e~Cep~by ~e~monY ,~nde~ oat~-I~ no member o~ his staff or organization diVUSges: Rny, sucR info~ion-'except as may be required by law. <d) Facilities and Personnel. The Consultant has and will continue no have proper~facilities and personnel to'perform the servicesand work agreed to be performed. (e) Statement of Certification. The Consultant certifies that he has no conflict of interest involved in the performance of the services provided herein and that he has no financial interest whatsoever in the parcels to be surveyed. ~A_RTICLE 6. Attorney Fees. If the City incurs any expense in enforcing the terms of this Agreement whether suit be brought or not, the Consultant agrees to pay all such costs and expenses including, but not limited to. court costs. interests, and reasonable attorney's fees at trial and appellate levels, SOILS.DOC E X H I B I T ' "B" FEE FOR SOILS ENGINEERING SERVICES The fee for Soils Engineering Services shall be as follows: PHASE 1: Sixteen (16) lots at $115.00 each $1,840.O0 PHASE II: Sixteen (16) lots at $45.00 each $ 720.00 ~TOTAL CONTRACT AMOUNT 2,560.00 A) Failed density testings shall be reinspected by Consultant an the same cost of $45.00 each and billed no the City, who will pass the reinspection charges on to th? Contracnor/Dev~loper. B) This agreement may be exnended beyond the sixteen (16) lots to include any additional lot as requested by 8 duly authorized agent of the City based on the same terms and conditions of this Agreement and further described below: Soil borings (for services included in Phase I) for three (3) lots or more shall be performed at the rate of $ti5,00 each. For less than three (3) lots an one time. the rate shall be $165.00 each The rane for densities (for services included in Phase II) shall remain an S45.00 for each lot. MAP OF CITY OF BOYNTON BEACH OWNED PROPERTIES / / CID f! "4-90-039 4-90-0~0 4-90-041 4-90-043 4-90-0~4 4-90-045 4-90-046 PROPERTY CONTROL'# 08 43 45 21 34 044 0060 08 43 45 21 3~ 044 007~ 08 43 45 21 34 044 0080 08 43 45 21 34 044 0180 08 43 45 21 34 044 0190 08 43 45 21 34 044 0200 08 43 45 21 34 044 0210 08 43 ~5' 21 34 045 0070 n~ &~ ~ 91 ~a ~&5 0080 U .l Z 0 u