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