R91-048RESOLUTION NO. R91- ~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ACCEPTING THE PROPOSAL SUBMITTED BY
RICHARD L. SHEPHARD AND ASSOCIATES,
INC., AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A CERTAIN
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH, FLORIDA AND RICHARD L. SHEPHARD
AND ASSOCIATES, INC., TO COMPLETE
PROPERTY SURVEYS ON SEVENTEEN (17)
CITY-OWNED VACANT LOTS DESIGNATED TO BE
USED IN THE SINGLE FAMILY HOUSING
(INFILL) CONSTRUCTION PROGRAM; A COPY OF
SAID AGREEMENT IS ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach, Florida has
seventeen vacant lots in the Rolling Green Ridge Subdivision
which they intend to use in the Infill Construction Program;
and
WHEREAS, before the City can sell or otherwise convey
these lots for use in the Infill Construction Program,
certified property surveys must be completed to establish
the boundaries of said lots; and
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has determined upon its review and upon
recommendation of staff, that it is appropriate and in the
best interests of the City of Boynton Beach, Florida to
enter into an Agreement between the City of Boynton Beach,
Florida and Richard L. Shephard and Associates, Inc., which
is attached hereto as Exhibit "A", and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The "WHEREAS" clauses above are hereby
ratified and confirmed as being true and correct and
incorporated herein by reference.
Section 2. The City of Boynton Beach, Florida
hereby accepts the proposal of Richard L. Shephard and
Associates, Inc., and authorizes and directs the Mayor and
"City Clerk to
Exhibit "A".
execute said Agreement, attached
hereto as
SeCtion 3. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this /~ day of March, 1991.
ORIDA
//Mayor
Commissioner
ATTEST:
(c0rporat~ .~eal)
The
1.
AG~R'm'JENTFORPROPERT~SI]R%'E"fSERVJ[CES
SCOPE OF SERVICES
Scope of Services to be provided under this agreement are as follows:
Provide three (3) sets each of certified vacant lot surveys meeting
chapter 21H1{-6 of the Florida Administrative Code pursuant to Chapter
472.027 of the Florida Statutes, for the seventeen lots described as
follows:
Lots 7 and 8, Block 45, and Lots 27 thrgugh 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 4~, 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, less 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.
(Furthe~ illustrations provided on the site map a~tached
hereto.)
The scope of services to be performed on each of the seventeen lots are
as follows:
a. Provide a sketch and legal description.
b. Show front and side ties ko all existing structures (if
applicable).
c. Show all observable utilities.
d. Show elevation at crown of road, at center of lot,
corners, and one interior.
e. Provide iron rods with caps at all corners.
f, Flag stake all corners.
g. Show all easements of records as per the recorded plat.
SUPPLEMENTAL CONDITIONS
a) The scope of services is predicated on the project being performed in
accordance with the applicable codes and permitting requirements in force
at the time of the agreement.
b) 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 to the City.
SURVEY.CON
I
CONSULTANT AGREEMENT FORM
PROPERTY SURVEY SERVICES
THIS AGREEMENT-is entered'into between the City of Boynton Beack,
hereinafter referred to as "the City", andRichard L. Shephard & Ass0ciates,,tr
hereinafter referred to as "the Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
Project Desiqnation. The Consultant ~s retained'.by the City to
pe=form Property Survey services in conn&ction with the
project designated Vacant Lots for Infill Program
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.
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 ~ursuant to this agreement within
TEN (10).' calendar days from the date written notice ls
given to-?roceed, unless an extension of such time ms granted in
writin~ by. the City.
Pa~ent. 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 than the
total amount of payment to Consultant shall not exceed
$1~66.6.00 without express written modification of the
agreement signed by the City. (17 surveys @ $98.00. each)
The consultant may submit vouchers to the City once per
mont~ 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.
Final payment of any balance due the Consultant of the total
ccntract przce earned will be made promptly uDon its
ascertaimn~ent and vezific&tion by the City after the
comp!e5ion of the work under this agreement and its
acceptance by th~oCity.
Payment as provided in this section shall be full
compensation for work performed, services rendere~ and for
all materials, supplies, equipment and incidentals necessary
to complete the work.
The Consultant's records and accounts pertamning 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
three (3) years after final payments. Copies shall be made
available upon request.
Ownership and Use of Documents. Ail documents, drawings,
specificationg 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,-.~f drawings and
specifications for information, reference and use in connection
with Consultant'S endeavors.
Compliance with laws. Consultant shalL,
services contemplated by this a~reement,
in performing the
faithfully observe and
comply with all federal, state and local law's, ordinances and
regulations that are applicable to the services to be rendered
~under this agreement-
Indemnificatidn-~ Consultant shall indemnify, defend and hold
harmless the City, its officers, agents and employees, 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, Lncluding injuries, sickness, disease or
death to Consultant's own employees, or damage to property
occasioned by a negligent act, omzssion or failure of the
Con ~uLtant.
Insurance. The Consultant shall secure and maintain in force
throughout the duration of this contract comprehensive general
liability insurance with a minimum coverage of $300,000 and
professional liability insurance in the amount of $500,000.'
o
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 section shall be delivered to the
City within-fifteen (15) days of ~x~cution of this agreement.
Indeoendent Contractor- The ConsuLtant and the City agree that
the Ccnsultant zs an independent conuractor with respect to the
services provided pursuanu to this agreement. Nothing in this
agreement shall be considered to create the relationship'of
employer and employee between the parties hereto.. Neither
Consultanu 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 respon~ibl
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.
Consultant Agreement
'p~ge 3
13.
Covenant Against Contingent Fee~. ~he Consultant warrants that
~ has not employed or retained any company or person, other than
a bonafide empi6yee 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 b6na~ide employee working
s61ely for the Consultant, any fee, commission, percentage,
brokerage fee, gifks, or any. other consideration dontingent 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 th~ contract price or consideration, or
otherwise recover, the full amoun~ of such fee, commission,
percentage, brokerage fee, gift, or contingent ~ee.
Discrimination Prohibited. The Consultant, with regard to the
work performed by it un~r this agreement, will not discriminate
on the grounds of race, color, national orig~n, 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-
· Assighmen%- The consultant shall not sublet or assign any of the
~ervic~s covered by this agreement without the express written
consent of the City.
N~n-Walver- Waiver by the city of any provision of this
~greement or any time limitation provided for ~n this agreement
shall not constitute & 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, oartner 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 survLving members bf the Consultaqt and the City, if
the City so chooses-
15. Disputes. Any dispute arising out of the terms or conditions of
this agreement shall be adjudic&te~ ?ithin the courts of Florida.
Further, this agreement shall be construed under Florida Law.
Venue should be in Palm Beach County, Florida.
'' Consul'tant. Agreement
Page'4.
--16. Notices. Notices to t~e City of
sent to the..following address:
Bo~nton Beach shall be
City of Boynton Beach
P.O. Box 310 ..
Boynton Beach, FL 33425-0310
Attn: Johnnetta. ~roomfield~ Director, Community Improvement Dept.
Notices to ConsultaDt shall be sent to the
address ~
J6seph M. Tucker
Richard L. Shepherd and Associates, Inc.
following
P.O. Box 759
3i0 S. Federal Highway
Boynton Beach, FL 33425
17.
Integrated 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.
DATED t~s . day of
//~MayOr . . . .
199
Consultant
Title
Appr 0ve~d~
OTT~ice of the (City Attorney
Rev. 1/22/91
(Corporate Seal)
Attest/Authenticated:
Secretary.-
EXHIBIT ~A~
FOR PROPERTY SUR¥~x SERVICl~
SCOPE OF SERVICF. S
The Scope of Services to be provided under this agreement are as follows:
Provide three (3) sets each of certified vacant lot surveys meeting
chapter 21HH-6 of the Florida Administrative Code pursuant to Chapter
472.027 of the Florida Statutes, for the sevenseen lots described as
follows:
Lots 7 and 8, Block 45, and Lots 27 through 34, Block 42, Rolling Green
Ridge Second Addition, as recorded iR Plat Book 26, at Page 214, Palm
Beach County Public Records.
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, less 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 a~tached
hereto.)
The scope of services to be performed on each of the seventeen lots are
as follows:
Provide a sketch and legal description.
Show front and side ties to all existing structures (if
applicable).
c. Show all observable utilities.
Show elevation at crown of road at center of lot,
corners, and one interior.
e. Provide iron rods with caps at all corners.
f. Flag stake all corners.
g. Show all easements of records as per the recorded plat.
3. SUPPLEMENTAL CONDITIONS
a) The scope of services is predicated on the project being performed in
accordance with the applicable codes and permitting requirements in force
at the time of the agreement.
b) 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 to the Cityf -- -
SURVEY.CON
E X H I B.I T. "B"
FOE. PROPEKTY SI~v~:~ SERV-ICES
The.fee for Property Survey service shall be as follows:
$98.00 per survey for the seventeen (17) parcels
owned by the City of Boynton Beach.
The totalmaxi~dm fee shall not exceed $1,666.00, which shall
include all expenses in connection with~this agreemenu.