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R90-207RESOLUTION NO.~90-~O ~ 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 AND CH2M HILL SOUTHEAST, INC., 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 City of Boynton Beach, Florida and upon the recommendation of staff, it has been deemed by the City Commission of the City of Boynton Beach, Florida to be in the best interests of the citizens and residents of said City to enter into this Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a certain Agreement Oetween the City of Boynton Beach, Florida and CH2M Hill Southeast, Inc., said Agreement being attached hereto as Exhibit "A" _ Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this /;~ December, 1990. CITVOF/~/BOYNTON BEACH, FLOI~I4~A ~ o r~%~ ss ioner tommission~r - i~lerk (Dapur¥) FORM THIS A~RW. EMENT is ente~:ed into between the cl~y of Boyntcn Beach, hereinafter =e~e=red to as '%he Consul=an=-, in o0nsideration of the mutual benefits, ~erm~, and con~ltious hereinafter ~ci~e4, 1. Pro,eot ~signation. The Consultan= i~ reUalne~ by the city to pezfo~ ~i~e~=in~ ~mrvices in co~ec~ion with the ~= A.. att&chad hereto, includ~ng the provision of all 1abc=, materials, ~quipmen= an~ supplies.: Time for Performance. Work under this con=tact shall commence upon the giving of written notice by the City tO the Consultant to proceed. Consultan~ ~hall perfo~ all services and Provide $iven to proce~, unless an e~tmnsion cE SUCh tl~e is granted provid~ on Exhibit "B" a=~ached hereto, provided that the ~otal ~ount o~ pa~en= to c~sul~ant shall notexce~ ~ 202,089.00 withou~ express written modifica~ion of t~ month ~urlng Ehe p~ogress of =he work for partial for proJemt oomplet~ ~o date. S~ch voucher~ will ~ ~i~1 paten= of any balance due the Consultant ~ the cont~a=~ price earned will be made promptXy u~n ascertai~en~ a~d verification ~ the city after =om~letio~ of the work ~er this a~reement an~ d. Paten= as provided in this section shall ~ ~ull all materials mu li ~ r to C~plete t~e w~.es' ~ua~e,t and incidentals necessary e. The Consulta~.s record~ and account~ Pertaining to ~hls Paos 2 three (~) years after final pa~menta, copies shall be made available upon request. 0WnershiD and V~e of Documentr. All documents, drawings, specifications and oth~r materials prc~uoed ~ =he Consultant in connection with the services r~nde=ed under this agreement sha~l be the property of the City whm%her the proJ~=t ~orw~ic~ they Ccmplla~ce with lsw~. Consultant shall, in per~rming t~e zerviese contemplated by this ag~eemen%, faithfully ~bserve and comply With all federal, state and local laws, ordinances and reeulations that are sDDileable to,th~ cervices t~ be rendered under this agreement. ~n~emniflc~tion. Censultant shall indemnify, defend and hold harmless the City, its officer~, agen~e and employe~s, from and o= death to persona, including ~nJuries, sickness, d-%seass Or occasioned by a ~e~li~ent a~, ~miasiun ur~ o~ the Consultant. Insurance. The Consultant ~hall s~cur~ and maintain in force li~ility instance wi~h a mini~ coverage of $500,000 ~r occurrence an4 ~aid ~eneral lia~illty ~olic~ shall n~e t~e City of Bo~ton BeaCh as an ad~i%ional n~ insured an~ Shall l~=l~de a ~rovisio~ pr~hihiting oan?ellmtion o~ Sa~d ~li~ exoe t u n the Consultant is an independent contractor with respect to the servicssprovided pursuant to this agreement. Nothin~ in th~s employer and employee between the Parties hereto. Conmu-~- - Neither ~=an= nor any empAoyee Of consultant shall be entitled to any benefits accorded Cl~y employees bI~ virtue of the semites provided under this agreement. The City shall not b~ =e~neible for withholding or othe~lse ded~cti~g feders~ income tax or ~ooial security or for c~trlbutlng to the state industrial insurance: program, otherwise assuming the duties of an employer with respect to consultant, or any employee of Consul~snt. 10. Covenant A~alnet Contingent Fees. The consultant warrants the: he has not employed or retained-any company or person, other than a bonafids employee working solely for t~e consultant, to solicit b~okerage fee, gifts, or any other consideration conti~gent upon or resultin~ £mom the ~war~ or making of this con=tact. For breach or violation of this warranty~ the City Shall have the 11. DisCr~na%ion Prohibl~. The Consulter, with regard to the ~terial= ur suppli~. 12. A~i=~ent. Th~ Consultant shall no= S~let or assig~ any of the consen~ of ~he City. 13. Non-Waiver. Waiver by the ClOy of any provision of this agreemen~ or any tim~ liml=atlo~ provided for in this agze~nt shall not constitute a waiver of any other provision. 14, ~. a. The City reserves the right to te~inat~ this a~ree~n~ at any tim~ Dy giving ten (10) days written no,ice t~ the 15. In =he evsnt of the death cf a member, partner or offiosr cE the Consultant, or any of its supervisory Dsrsonnsl assigned =o the project, the gurvivinu members o~ the Conmultant hereby agree ~o complete the work under the terms of ~his agreement, if requested tO do so b~ the city. This section shall not be a bar to reneuotiation~ of ~hie mgreemen~ Detween surviving members of the Consultan% an~ the el%y, i£ ~e City so chooses. Disputes. Any dispute arising out of the term~ or oonditions of this agreement sha~l be adjudicated within the courts of Florida. Further, this agreement shall Be sons,rue4 under Florlda Law. ~age 4 following addrtsss City of Boynton Beach · . o. Bex 310 Soy~tOn Beach, FL. 35425~0310 ~ttnt J. Scott Miller Notioms =o Consultant shall be sent to the following a~d~ess~ G~e~o~¥ T. ~¢Lnt},re, P.E. ., C/~2M HiLL 800 FaXi~a~ Dri-~, Suite 350 .., ~e~rf~eld ~each~ Florida ~3441 17, ~..at~d'A rsement. This A~rme~ent, togs~he= wi~h attachments o= addenda~ represents the en~rs and integrated agreement between =he City and the Consulta~ and ~upe=~edes all prior This agr~t ~y be ~ended only by written i~=~ent signed by bo~h C~ty an~ Consul~a~=. DATED ~his __da~ of 19___, CITY OF ~OY~ON BEACH Signature A~test/Authentiea=ed~ Approved as to Form~ Office of the City At~orne~--~-~- EXHIBIT A SCOPE OF SERVICES CONTRACT FOR AQUIFER STORAGE AND RECO%~RY ENGINEERING SERVICES FOR THE DESIGN, SERVICES DUltlI~G CONSTRUCTION~ AND TESTING~ OF AN AQUIFER STORAGE RECOVERY TEST FACILITY AT THE F~ST WATER TREATMENT PLANT I~OR THE CITY OF BOYNTON BEACH B~CKGROI~D A.n investigation into fine feasi'oilky of Aquifer Storage Reccrve~ (A~R) for ~e City of Boymon Beach was conducted ~r T~k ~der No. 14, dal~ O~ober 1% 1989, ~= r=s~ts of th= ~t~fion found ~t ~e Ci~ of Plant (~) I0 mee~ ~cre~ ~k wa~er ~s. Thc work under Ibis coniract continues ~he pre~r~ous work with ~e implementation of .Z.~R a~ the ~.~st WTP. This wit! consist of file ellgilleel'illg services to desisn, l~rm/t, comtru~ and te~t an ASR tiao/Ii*y, Follow/hi the demonstration of ASR fr~asibilixy~ any mofl/ficaficr~ n~sat'y to ut/lizc thc facility in an operational mode will lae outlined and an application for routine use of the fac/lity will be prepared, The work under Ta~k Order No, 14B is divided into the/ollov, i~/four par~, !. Design of Facilities and Prepara'lon of Plans and Spe. ciiUcations, Bidding .Alsistance, Contract Award, ~d Services Dur~zig Consl~u~ion. 3. A~R Cycle Tes~n~. 4. Permitting Assistance. dbp015/~7.$1 $C01~ OF SERVICES Part L Design of Facilities and Preparation of Plans and Specifications L1 Attend pre-design meetin$ at the City to discuss and finalize design detaih for the ASR facility. Precise facility location, plpint routes, plant tie-ins, temporary disposal piping routes, and other design details will be finalized at this meeting, Prepare memorandum s,mmarizing meeting and provide to City. 1.2 Pre~pare ASR facility d~ig"n including biddable plans and specifications for the ASR facility at ~ East WTP. The plans and specificatior~ will include one ASR well. one monitor well, ASR well pump (if insufficient artesian flow exists), wellhead pipina, transmission pipin8 f~r raw and treated water from the WTP, disinfection equipment, and electrical service (ff well pump is needed). The testing will include prclim/~m-y c-valuation of thc Hawthorn Fo _rm_~tion as an ASR well aud/or a blending well. Provide engineers estimate of eomtruetioa cost and five copies of the pre-bid documents to the City. Part 2, Biddin~ Assistance, Contract Award, and Services During Construction. 2.1 A~sis~ City with bidding, contractor sel~tioth and contract exccution. Providc up 1o 30 sets of conuact documen~ during bidding and contract execution phase. 2.2 Attend pre-construction meeting at the East WTP m review construction plans and schedule with the City and selected contractor, Foiler, vi'rig authorization by Cae City, prepare and issue a notice to proceed on behalf of the CftC. Z3 Review contractor submittals for compliance with the specifications. Take action on submittals as requirecl. Provide resident observer during key construction and testing activities for up to 1,000 man-hours. R~view progress of the work and prepare up to three change orders as required. Prepare record drawinas of the completed ~ility aad pra~de thr~ sets of drawings to the City. 2.5 Using the data obtained dm'ing the construction ,nd testing, direct the drilling program and select the final completion ~terval for the wells. dbp016/02731 2.6 2.7 3.2 3.3 3.4 3.5 3.6 3.7 Co-ordinate mud conduct up t~ three interval pumpin~ tests during the eonsumction of monitor well. Co-ordinate and obtain data from a m~n~num e-hour variable rate and 10-hour constant rate pumping test Rexiew monthly comractor partial tmymcnt applications for conformlmce with lhe work completed. Fo~vard payment applications to the City with recommendations. C~-ordlnate and obtain data fi-om a 48-Hour [:romping test on the completed facfli'~ to est/mate storage zone hydraulic parameters and facility performance characteristics, Prepare water sampling plan for City to obtain water samples during the 48-hour pumping test, C~ty will provide water quality analysis for primly and secondary drinking water standards ancl synthetic organic parameIe~s as required for drinking water supplies. City will also obtain supplemental analyses of both formation and recharge water for e_ny additional parameters rcqu/red to as~ss ASR feasil~'lity, With the assistance of thc water plant personnel, conduct up to three ASR test cycles on the completed facility. Attend up to thre,~ meetin~ at the WTP to co-ordinat~ the test~g program. Prepare a status letter (five to seven pages, after Cycle 2) reques~ approval from FDER to utilize recovered water without treatment. The status letter will support the ~equest to FDER, Provt~ five copies of the status leUer to the Prcpare a final report presenfmg the t~ting results. Thc report will eomain recommendations for the operation of the facility. The repot* will be spiral bound and con~[st of approximately 75 pages, Provide five draft copies to Clg~ for review. Incorporate comments received by City into report and provide 10 final copies to City. Submit five copies of the final report m FDt~R and ff feasible, request apprOVal for routine use of the ASR faculty. dbpO16/027.51 4.1 Prepare FDER Class V permit application for the construction and testing of the ASR facility, 4.2 Prepare request and necessary perm.it appli:ation to Palm Beach C~unty to utilize storm water system for test water disposaL 4.3 Prepare C~nsumptive Use ?emit (CUT) application far ASR ¢~o;!ity. Rev/ew ~ith Lak~ Worth Drainage District WIYP PROJECT A$$UlVlPTION$ Disirff¢c*xrn equipment will consist of pip~g from Lc WTP chlorination faeitiiies and the equipment nece~sa~ to add WTP chlorLne to ;he recovery flows. Temporary piping will discharge/nto the backwa~ basin for blending with raw water during initial ~c~t/ng. The operat/onal mode w'a] use a pJpel/ne that connects directly in the clear well adjacent to the 4*ineh-d/ameter overflow lines. Disinfection equipment will tie into the recovered water au this junction. 2. The valves will be ro~nually ~perated. Design of telemetry equipment for remote operation is not included in this Contract, Hardwire is assumed Go extend from the backwash basin electrical panel ta the motor control centex (MCC), and a ennduit exist to tie A~R system into the MCC, 3. Elect~ical servke will be obtained from the v~rP. The City Water Treatment Plant laboratory and plant personnel will p~rform all water quality analysis and bacteriological clearance. Historical water quality records for water leaving WTP and in distribution system w~ be provided by City, City will zubmit all required permit applications to the appropnat~ ageaciez with the required fee~ The permitting work included in this Task Order includes preparation of application and supi~rt material typically required by agenciet for permit processing. Additional work required -s a re~ult of challenges to petm/t i~su~uce, including administrative hearings and legal negotiations or d¢l/beratiom, is outside the scope of this conmtct. City reviews will require nc more than 1 week dbpO16/OZ7,51 ,~ P. ~.~timate~l consWaction period ff 4 months. 10, E~timated p~rmRting period ~ 3 months. SCHEDULE The work under this Task Order will commence within 10 days follow/ng r=celpt of authorization from thc C/I~ and will proceed according to the folk:~virlg schedule, Task Completion Week From Date of Authorization 1. Pre-Design Meeting 3 2. Suhenit Permit Appli~tions 9 3, Final Phm and Spedfiratiom 9 4. t~llin Comtra~tion 24 5. Complete Construction 40 Task Completion Week From Date of Authorization 6. 48-Hour Pumping Test 41 7, Status Letter 48 8. Complete Cycle Te~tin$ 67 9, Draft Final report 72 10. Final Report 7~ PRO. I-ECT DELIVERABLES 2. 3. 4. 6, Finel Plans ami Specifications FDER Permlt Application SFWMD CUP Appli~tion Status Letter Draft [:iv, al Report Final Report 3 copies 3 ~opics 5 copies S ~opies 10 dbp016/02ZS1 5 EXI B B COMPENSATION Carnpenmtion by the City to the Comulmnt w~l he on a lump sum basis as described b~low; Part 1, 1)estg~ of Fadlities and Preparation of Phns and Specifkations Total F~timatcd Cost, Part 1 $ 39~19~ Part 2~ BMdin~ Assistance, Contract Aw~, anal Servia'es During Construction Total Estimated Cast, Part 2 l~rt 3: A$R Cycle T~gtlng Total Estimated Cast. Part 3 Part 4~ Perml~n$ Total Est~anated Cast, Part 4 Total $103~840 $ ,~5~271 $202~089 dbp016/056.51