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
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Z
0
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