Loading...
R91-023RESOLUTION NO. ~9~-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND GEE AND JENSON TO PROVIDE FOR PRELIMINARY DESIGN PHASE, FINAL DESIGN PHASE, AND BIDDING/AWARD PHASE OF THE CDBG-FUNDED PROJECT; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon review by the City Commission of the [ty of Boynton Beach, Florida and upon the recommendation f staff, it has been deemed by the City Commission of the ity of Boynton Beach, Florida to be in the best interests f the citizens and residents of said City to enter into his Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor and City Clerk are hereby ~uthorized and directed to execute a certain Agreement ~etween the City of Boynton Beach and Gee and Jenson to 'etain the engineering firm to provide for preliminary [esign phase, final design phase, and bidding/award phase ,f the CDBG-funded project; said Agreement being attached ~ereto as Exhibit "A". Section 2. This Resolution shall take .mmediately upon passage. PA~SSED AND ADOPTED this ,~-_ d/~//f February, C~;fy/~ BOYNTON BEACH, Commissioner Commissione~ effect 1991. FLORIDA TTEST. Co~pora~ Seal STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR ~ PROFESSIONAL SERVICES THIS IS AN AGREEMENT made as of day of February in the year Nineteen Hundred and Ninety One by and between THE CITY OF BOYNTON BEACH, A Political Subdivision of the State of Florid,~ (hereinafter called OWNER) and GEE & JENSON EnKineers-Architects-Planners, Inc., One Harvard Circle, P.O. Box 2460~)., West Pal., Beach, FL 33416-4600 (hereinafter c~lled ENGINEER). OWi~ER~fntends to retain the EnKineer tn provide the professional services prescribe,] herein in connection with the DesiKn of the Community Development Block Grant Sub Area 1 City of Boynton Beach. Sub Area 1 includes llth, 12th and 13th Avenue':, from Seacrest Boulevard to the from Tenth Avenue (MLK Drive) called the Project). FEC Railroad; NE 1st, NE 2nd and NE 3rd Street= to the Boynton Canal (SFWMD C-16), (hereinafte.~ OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by ENGINEER and the payment for those services by OWNER, as set forth, below. ENGINEER shall serve as OWNER's profe.ssionat engineering representative in those phases of the Projec~ ~o which this Agreement applies, and will give consultation and advice to OWNER d~ringthe performance of his services. SECTION 1--BASIC SERVICES OF ENGINEER (See Exhibit "A" for Scope of Professions] Services). 1.1. General. 1.1.1. ENGINEER shall perform professional services as hereinafter stated which include normal civil engineering services incidental thereto. .r~ Page 1 of 12 SECTION 2--ADDITIONAL SERVICES OF ENGINEER 2.1. General. If' authorized in writing by OWNER, ENGINEER shall furnish or obtain from othe~ Additional Services of~th~ {°ilowing-~YP%s which are not considered normal customary Basic Services; these will be paid for by OWNER as indicated in Section 5~ 2.1.1. Services by OWNER. to verify the accuracy of drawings or other information furnished 2 t 2 Se~rwices ~resulting from signifiaan~ Changes~ -in genera~- sc0pe of t! Project or its design including, but not llmite~ to, changes mn size, complexltt oWNER~'s schsd~e ~ch~r~eter or nhasin~ ~f cons~ru~tid~' ~a~i~i~g ~reviousiy accepted studios roports design docUments or Contract Documents when such revisions are due to causes beyond,ENGINEER's c6ntrot. ' ~ 2.1.3. -'Additional. services' i~ co~nnection with the. Proj~ect, including completion Of CDBG applications or o~hor services normally furnished by OWNER and services not otherwise p.rovided for in t~is Agreementl SECTION 3--0WNER'S RESPONSIBILITIES OWNERshall: 3.1. Provide 'full information as to his requirements for the Project. 3.2. Assist ENGINEER by placing at his disposal all available information pertinent no the Project including previous reports and any other data relative to design and construction of the Project. 3.3 Furnish to ENGINEER, as required by him for performance of his Basic Services, data prepared by or services of others, such as core borings, probings and subsurface explorations, hydrographic surveys, laboratory ~es~s and inspections of samples, materials and equipment; appropriate professional interpretations ¢ all of the foregoing; property, boundary, easement right-of-way, topographic ar utility surveys and properny descriptions; zoning and deed restriction; and oth~ special data or consultanions not covered in paragraph 2.1~ all of which ENGINE~ may rely upon in performing his services. 3.4. Guarantee access to and make all provisions for ENGINEER-to enter upon public and private property as required for ENGINEER to perform his services. 3.5. Examine all studies, reports, sketches, Drawings, Specifications, proposals and othor documents presented by ENGINEER obtain advice of an attorney, insurance counselor and other consultants as he deems appropriate for such examination and--- render in writing decisions pertaining thereto within a reasonable time so as no,.~ to delay the services of ENGINEER. Page 2 of 12 3.6. Designate in writing a person to act as OWNER's representative with respect to the work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to materials, equipment, elements and systems pertinent t~ENGINEER's services. ~. 3.7. Give prompt~ written -notice to ENGINEERwhe~ever OWNE~ observes or otherwise becomes aware of any defect in the Project. 3.8. Furnish or direct ENGINEER to provide, necessary Additional Services as stipulated in Segtion 2 of this Agreement or other services as required. 3.9. Bear all costs incident to ~omptiance with the ~equirem~nts of this Section. 3. ~ SECTION-4--PERIOD OF SERVICE 4.1. The proyisions and the various rates of compens~tien for ENGINEER's services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. ENGINEER's obligation to render services hereunder will extend for a period which may reasonably be required for the design~ award of contracts and construction of the Project .including extr~ work and required extensions thereto. 4.2. If OWNER has the Project, the appropriately. requested significant modifications or changes in the scope time of performance of ENGINEER's services shall be adjuste~ SECTION 5--PAYMENTS TO ENGINEER 5.1. Methods of Payment for Services and Expenses of ENGINEER. 5.1.1. Basic Services. OWNER shall pay ENGINEER for Basic under Section 1 as indicated in Paragraph 5.2. 5.1.2. Additional Services OWNER shall pay ENGINEER rendered under Section 2 as follows: (See Exhibit 5.2. Times of Paymen[. (See Exhibit "A") 5.3~ General. Services rendered for Additional Services 5~3.1~ If OWNER fails to make any payment due ENGINEER for services and expenses within sixty days after receipt of ENGINEER's bill therefor, the amounts due ENGINEER shall include a charge at the rate of 1-1/2% per month from said sixtieth day, and in addition ENGINEER may, after giving seven days' written notice OWNER, suspend services under this Agreement until he has been paid in full ali amounts due him for services and expenses. Page3 of 12 SECTION 6--GENERAL CONSIDERATIONS 6.1. Termination This Agreement may be terminated by* either party, upon seve~ days' written noti~-'~ in the event of substantial failure by the other party to perform in accordan~_~7 with the terms~ hereof through,~nO fau~l~ of the ter~inatin~tparty. 6,2. Successors and Assigns. OWNER and ENGI~NEEIt each binds himself and his partners, successors, executor administrators and assigns to the other party of this ~greem~nt and to t' partners,, successors ~,exec~%u~rs !administrators and .assigns of- siich other part in respect to all covenants of thl~ Agreement; except as above, neither OWNER n~ ENGINEER shall assign, sublet or transfer his i~nterest in this Agreement without the written consent of the o~her Nothing herei~,~shall ~be constrde~'~s' creating any personal liability .on the paru o~ any officer or agent of any public body w,~hich ~m%y~be',a pa~ty~ hereto, n~or s~hatlt ~ b~ C6~strued as'giving an~ rights or benefits .~ereunder to a~one other than. OWNER and, ~NGINEER. ~ SECTION 7--SPECIAL PROVISIONS OWNER and.ENGINeER agree ~hat this Agreement is subjeet ~to ~he following special provisions wh'ich together with the provisions hereof and~eh~ exhibit~,andschedules hereto represent the entire Agreement between OWNER and E~GINEER; they may only be altered, amendedor repea~ed by a dulyliexecuted W~itten ~fn§tru~ent. ~ 7.1. Insurance. The ENGINEER will secure and maintain such insurance as will protect him from claims under worker's compensation ac~s, claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of his employees or of any person other than his employees, and from claims for damages because of injury to or destruction of tangible proper~y including loss of use resulting therefrom. See Exhibit "C" for coverage and minimum amounts.) Page 4 of 12 SECTION 7 -- SPECIAL PROVISION 7.1.2. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS SUBJECT TO EXECUTIVE~ ORDER 112-16 "During the performance of this contract, the contractor agrees as follows: (FOR TH~S SPECIAL PROVISION, THE ENGINEER IS REFERENCED AS THE .CONTRACTOR) (.) The contractor will not discriminate against any employee or applicant for employment Because ~f race, color, religion, s~x, or nat^ional origin. The contractor w~ll take affzrmatlve action to ensure that applicants are employed, and that employeea are treated ~urgDg employment, without regard to their race, c0IQr, r~iigion *~sex, or nati6hal ~igin ~ Suc~ac~ion Shall include bu mz~ed to the following: emptgyment, upgrading demotio~ or transferj recruitmenu or' f~ui~eht ~dve~tising; layof~ or termin~kion; rate~ o{ pay oro~her forms of c0mp~s~ti6h;iah~ ~iedtibn for ~ra~hi~g including apprentice~hip. %he contractor agr~s~bpojt i~ ~bnspicu~us places], available to emploMees and applicants for employ~ent~~ n6ti~e~'t6 5a proViR~d~by the cbntracting officer set%ing forth the pro~is'i'ons'of this ~6~discrimina~i~ Clause· · · ( ) The contractor wzll, zn a~l solicitations or aBvertisements for employees placed~y~0r on 5~h~%f of the'~ont~acto~, state that all quali~i&d applicants will receive considerftion fbr employmek~ wi%hour regard to race, color, religion, sex or national origin. "(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or under- standing, a notice, to be provided by the agency contracting officer, advising the labor dnion or workers' representative of the contractor's commitments under Section 202 of Efecutive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(5) The contractor will furnish all information and reports required by Executive Order No 11246 of September 24, 1965 and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and. accounts b~ the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. Page 5 of 12 SECTION 7--SPECIAL PROVISION 7.1.2 "(6) In the event of the cont=actor's noncompliance with the nondiscriminati~ clauses of this contract or with any of such rules, 'regulations, er orders, this~l_~f contra~t may ~be can~elled~ te'rminated o~'sus~ended tin i~hole ~r in pa~t' and the contractor may be declared ineligible fo~ further Gover~ent contracgs in accordance ' ~ ~ ~ ~ ~ ~ ' '~ ~ ~ 1~1246 ~f September 24, 1965, and w~th procedures authorzzed ~n Executzve Order such other sanctions may be imposed and remedies invoked ~S provided in ~ecutiv~ Order ~o, ~12~ 6~f~september ~k, 'lg~5~f or 5Y~ CU~e~ ~r~la~lon, o~ Qrder of the Sec=~ary ~of~ ~bor~, or~ as .o t~e~ise ~=o~d ~y law. '{70 ~ ~e~actor wz!~ znclude ~he prgM~zpns of ~ra~g~aph~ (1) ~Kough 7) :h~~ Se~ze~r~ o:f ~Labor iss~e~;p~sua~t to S:ekI'i~,n 204. ~f.Ex~cu~ive Order i~ Sep~e~ba~ ~4';' 1965 -So ~!~ S~ch p'rovisibns will be binding upon each ~sub%6n~ra~ ~O~k~oz've~or The cont~aCtbC will take such ap~[~on with ~respact to any :suH~rac %or~ p~rc~ orda~ as 't~e .c~q~ra~t~n~ agency ~ direct as ~a means of e~i~g~: ~ pr~s~ons mncludlng sam~lons for qoncomp~mDncs. P~ov~ad however, t ~ in the avent the cont~act~c becomes lnvotve~ in, or ls threatened with litigation with a subcontracto~ or vendor as a resu~ of such direction by the~ ~o~f~C~ing; a~ehc~; the C~ntrhgtar ~gy'requ~sg chel U~ed .~ta~em to ~nter into such~Tt~gatlon to.protect the interest~ of Uke United S~a~es. Page 6 of 12 SECTION 7--SPECIAL PROVISION 7~1.3 'x SECTION 3 CLAUSE The ~ork to be performed under this contract is on a project assisted Under a ~ program providing direct Federal financial assistance from the Department of -~ Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Develepment Act of i968 as amended. 12 U.S.C 170u. Section 3 requires that to the greatest extent feasible opportunities for training amd employment be given lower income residents of the project ares and contracts Tot work in connection with the project be awarded ro busiuess concerns which are located in, or owned in substantial p~rt by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR and all applicable rules and orders of the Department issued thereunder prior ro the execution of this contracT. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization or representative of worker with which he has a collective bargaining agreement or other contract or understa~nding, if any a notice advising'the said labor organization of orkers representatzve of his commztments under thzs Section 3 Clause and ~ shall post copies of the notice in conspicuous places available to ~mployees and applicants f~r employment or training. The contractor will include this Section 3 Clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient'of Federal financial assistance, take appropr{ate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HoUsing and Urban D~velopment, 24 CFR. The contractor will n6t subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR, and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comMly with the requirements of these regulations Compliance with the provisions of Section 3 the regulation~ set fort~ in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a conditio ~ of the Federal financial assistance provided to the project binding upon ~he applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requiremen~ shall subject the applicant or recipient its contractors and subcontractcrs, its successors, and assigns to those sa~ctions specified b$ the grant or loan agreement or contract through which Federal assistance is provided, and to such sanction as are specified by 24 CFR lBS. Page 7 of 12 SECTION 7--SPECIAL PROVISION 7.1.4 Section 109 Housing and Community Development Act of 1974 The nondiscrimination Clause of the Housing and Community Dey~lopment Act of 1974 applies to all sections of Title I of the Act. It sta~es that: "No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title." The contractor c~rtifies that t,he above section 109 statement forms ~art of the contract and is in compliance with section 570.601 of the Community Development Block Grant Regulations. It is agreed that all words, sentences and paragraphs in this Agreement which have been crossed-out are not applicable and are therefor cancelled. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. ENGINEER: GEE & JENSON ENGINEERS-ARCHITECTS-PLANNERS~ INC. BY This __ day of 1991 OWNER: EACH Mayor This ~' day of ~5~-z/f~M 1991 (S E A L) (SEAL) ATTEST: BY: (Date) ATTEST:' ~ City Clerk (Date) ~roved a~¢~ Form and Page 8 Of 12 EXHIBIT A TO AGREEMENT BETWEEN OVNER AND ENGINEER FOR PROFESSIONAL SERVICES, dated February , 1991. FURTHER DESCRIPTION OF~-BASIC ENGINEERING SERVICES AND RELATED MATTERS 1. This is an exhibit attached to, made a part of and incorporated by reference into the Agreement made on , 1991 between The City of (Owner) and Gee & Jenson Engineers-Architects-Planners. Incor orated(Engineer) providing for professionatenglneering~sei~zices, 2. Study and Report Phase The ENGINEER h~s no responsibility for this phase. 3. Preliminary DesiKn Phas~ ' The ~NGINEER ~grees-that during this phase he will furnish the following services for the proj!ect: a) Right-of-Way Acquisition Surveys for Retention Areas b) Topographic and Control Surveys. c) Preliminary Water Management Design. The PreIiminary Design Phase Services will be completed within 6__QO calendar day~~ following written authorization from OWNER to ENGINEER to proceed with that phase of services. In the event of delays caused by excessive-review time or other circumstances beyond the control of the ENGINEER additional time for completion will be granted. The OWNER shall pay the ENGINEER for the above services rendered a lump sum fee of Twenty-one Thousand Two Hundred and no/100 Dollars ($21~200.O0). 4.. Final Desi n Phase The ENGINEER agrees that during this phase he will furnish ~he following services for the project. a) Finalize all of Storm Drainage Design for Sub Area 1. b) Prepare Plan identifying Geotechnical Test Locations. c) Prepare Design Plans for Water Management Control Structure. d) Prepare and submit S.F.W M.D. Permit. e) Prepare Construction Documen~ for swales, sidewalks and storm drainage within 12th Avenue R/W (Approx. 6,000 SF). f) Prepare Construction Document for Roadway Improvement within NE 1st, NE 2nd, NE 3rd Street R/W (Approx. 2,500 LF). g) Prepare Construction Document for Waterline Replacement along llth Avenue and 12th Avenue (Approx. 4,000 LF). h) Prepare Master Landscape Plan and Details for selected Streets and Avenues. i) Prepare Irrigation Details & Specifications for Item h. j) Prepare Bid Document Quantity Estimate and Cost Estimate for Contract Document as noted herein. Page 9 of 12 The Final Design Phase Services will be completed and Contract Documents and ENGINEER's opinion of costs submitted within 9_QO calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. In the event of delays caused,by excessive review time or other circumstances beyond the control of the ENGINEER, a~ditional time-for completion, wilt be granted. The OWNER shall pay the ENGINEER for the above services rendered a l~mmp sum fee of Fifty-six Thousand One Hundred Seventy-four and no/lO0 Dollars ($56,174.00). 5. Bidding and Award Phase [The ENGINEER agrees., that during this phasehe will furnish the following a) Advise and assist the OWNER during bidding and award. The OWNER shall pay the ENGINEER for 'the above services rendered a lump sum fee of One Thousand Nine Hundred Twenty and no/100 Dollars ($1~920.00). 6. Construction Phase The ENGINEER has no responsibility for this phase, 7. OWNER'S Responsibility The OWNER agrees ro furnish the ENGINEER the following: a) Ail available roadway plans, studies and field survey notes concerning the proposed facility. b) ~11 standard specifications that are applicable. c) All standard construction details available that are applicable to the project. d) Complete Right-of-Way Maps with alignment information as supplied by ENGINEER. e) Supervision of Construction and all material testing. f) ~ Administration of bidding procedures, including advertisement for bids and recommendations of award of the construction con~ract in cooperation with the ENGINEER. Page 10 of 12 EXHIBIT "B" Basis for Compensation HOURLY RATE SCHEDULE SENIOR PRINCIPAL PRINCIPAL SENIOR TECHNICAL SPECIALIST PROJECT MANAGER SENIQR ENG-ARCH-PLNR-SURV ENGINEER-ARCHITECT-PLANNER-SURVEYOR CADD DESIGNER SENIORDRAFTER - TECHNICIAN CADD DRAFTER DRAFTER - TECHNICIAN FIELD REPRESENTATIVE SECRETARY COMPUTER TECHNICIAN SURVEY CREW 4 PERSON 3 PERSON 2 PERSON MANAGEMENT-FINANCIAL GONSULT RESEARCH CONSULTANT COMPUTER TIME MV10000 - PER CPU HOUR - PER CONNECT HOUR CADD WORKSTATIONS - PER HOUR PERSONAL COMPUTERS (PCs) - PER HOUR RATES EFFECTIVE THROUGH JUNE 30, 1991 1990 - 9~ 95 75 65 65 65 65 55 5O 50 25 50 100 85 69 7O 45 180 24 Page 11 of 12 EXHIBIT "C" INSURANCE The ENGINEER shall procure and maintain, during the life of this Agreement insurance of the types and in the minimum amounts stated below. Worker's Compensation Insurance in full compliance with the Worker's Compen- ~ sation Act of the State of Florida and EmployerVs Liability coverage in the amount of $500.000.00. Comprehenszve General Lzabzl~ty Bo zly Injury .including death, $500,000.00 each person, $1,000,000.00 each occurrence. Property damage, $500,000.00 each occurrence, $500 000.00 aggrggate. Compreher~ive automobile liability, bodily injury, luding death, $300,000 O0 each person, $500,000.00 each occurrence. Property damage, $100,000.00 each accident. Professional liability in the amount of $1,000,000.00 with standard deductions in the amount of $25,000.'00 INSURANCE AND INDEMNIFICATION The ENGINEER shall not commence work under this Agreement until he has obtained all insurance required under this paragraph and such insurance has been approved by OWNER. The ENGINEER shall maintain during the term of this Agreement Professional Liability Insurance in the amount of $1~000~000.00, with standard deductions in the amount of $25,000.00. The ENGINEER shall indemnify and save OWNER harmless from any and all claims, liability, losses, and/or cause of action which may arise from any negligent act or omission of the ENGINEER. The ENGINEER shall file all claims for losses of any nature whatsoever in connection therewith and shall defend all suits and pay all costs and judgments which may issue thereon. Ail insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The ENGINEER shall furnish certificates of insurance to the OWNER prior to the commencement of operations. The certi- ficates shall clearly indicate that the ENGINEER has obtained insurance of the type, amount and classification as required for strict compliance with this paragraph and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the OWNER. Compliance with the. foregoing requirements shall not relieve the ENGINEER of his liability and obligations under this Agreement. Page 12 of 12