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90-BBBBBBRESOLUTION NO. 90-~/~ 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 CONSULTANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND GEE & JENSON ENGINEERS-ARCHITECTS-PLANNERS, INC.; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Boynton Beach, Florida, that: Section 1. The Mayor and City Clerk authorized and directed to execute a certain Agreement between the City of Boynton Beach Engineers-Architects-Planners, Inc., which varied responsibilities within the field are hereby Consultant and Gee & Jenson will provide for of Engineering, Architecture, Section 2. This Resolution shall take immediately upon passage. PASSED AND ADOPTED this ~-~day of ~eptember, and Planning services on an as needed basis. effect 1990. BEACH, FLORIDA %TTEST: ICi~ Clerk (Corporate Seal) ice Mayor TO: FROM: MEMORANDUM Vinnie Finizio DATE: Admin. Coord. of Engr. Sue Kruse City Clerk Attached please find ~ ~90-BBBBBB by Gee and Jenson Inc. RE: Resolution ~90-BBBBBB ~ original agreements for Resolution Engineers-Architects-Planners, Please return to Central File at least one original signed agreement. Thank you. Sue Kruse City Clerk mas Attachment TO: FROM: RE: Sue Kruse City Clerk Vincent A. Finizio Administrative Coordinator oi Engineering Resolution #90-BBBBBB Attached please ~ind one (1) original signed agreement ior Resolution ~90-BBBBBB. Please acknowledge receipt of same. Thank you. ck attachment cc: J. Scott Miller, City Manager CONSULTANT AGREEMENT FORM ENGINEERING, ARCHITECTURAL AND PLANNING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Gee & Jenson Engineers-Architects-Planners, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. Project Desiqnation. The Consultant is retained by the City to perform engineering, architect and planning services in connection with the City's Requirement and Request. 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 of Performance. Services 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 deliverables required pursuant to this agreement for a period of three (3) years commencing September 5, 1990 through midnight September 5, 1993. Service Requisition forms shall specify individual time frames as directed by the City. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: Payment for the services provided by Consultant shall be made as provided on Exhibit "B" attached hereto, and shall identify either Method 1 or 2 as defined below: METHOD I - LUMP SUM Lump Sum Amount: The scope of services for Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The City and Consultant shall mutually agree to a lump sum plus reimbursables amount for services to be rendered and a detailed scope of services. METHOD II - TIME CHARGES Computation of Time Charqes: The Consultant will submit a budget cost to the City for prior approval based on time charges with Exhibit "B" hourly rates plus reimbursable expenses and other related costs. The Consultant may submit vouchers to the City once per month during the progress of the work for partial Consultant Agreement Page 2 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 ~ny 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 thisagreement and its acceptance by the City. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work, and shall not exceed the budget cost listedupon each Consultant Requisition Form. 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 three (3) years after final payments. Copies shall be made available upon request. Reimbursable expenses will be invoiced at the actual expenditures incurred by the Consultant if provided in the Service Requisition as follows: Expense of transportation and lodging (lodging not to exceed $75.00/day) when traveling in connection witk each Service Requisition, long distance calls and telegrams, and fees paid for securing approval of authorities having jurisdiction over the project. 2. Expense of reproductions, postage and handling of materials. Expense of overtime work requiring higher than regular rates, when authorized by the City. 4. Expense of computer time. Expense of Auto Travel at the current going rate as paid by the City for vehicle use during the performance of authorized services. Ail Subcontractual services shall be invoiced by the Consultant. subcontractual services shall be approved by the City in writing prior to performance of the subcontractual work. Consultant Agreement Page 3 Se 6e 84 Ownership and Use of Documents. Ail documents, drawings, specifications 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, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. Compliance with laws. Consultant shall, in performing the service contemplatedby this agreement, faithfully observe and comply with all federal, state and local laws~ ordinances and regulations that are applicable to the services to be rendered under this agreement. Indemnification. 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, including injuries, sickness, disease or death to Consultant's own e~loyees, or damage to property occasioned by a negi~gent act, omission or failure of the Consultant. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. 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 execution of this agreement. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant Agreement Page 4 10. 11. 12. 13. 14. Consultant 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 responsible 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. Covenant Aqainst Continqent Fees. The Consultant warrants' that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contact, and that he has not paid or agreed to pay any company o~ person, other than a bonafide employee working solely 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, th~ City shall have the right to annul this contract without liability or, in its ~iscretion to deduct from the contract p~ice or consideration, or otherwise recover, the full amoun~ of such fee, co'mission, 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 selection and ~retention of employees or procurement of materials or supplies. Assiqnment. The Consultant shall not sublet or assign any of the services covered 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 agreement shall not constitute a waiver of any other provision. Termination. The City reserves the right to terminate this agreement at any time by giving fourteen (14) days written notice to the Consultant. Consultant Agreement Page 5 15. 16. In the event of the death of a member, partner 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 agrement, 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, if the City so chooses. 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. Notices. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P. O. Box 310 Boynto~ B~ach, FL~34.25~0310 Attn: ~Jl~ ~. ~-;~l Notices to Consultant shall be sent to the following address: GEE & JENSON Enqineers-Architects-Planners, Inc. One Harvard Circle West Palm Beach, FL 33409 Attn: Philip A. Crannell, Jr., Senior Vice President AIA Consultant Agreement page 6 17. Inteqrated Aareement. 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. Attest/Authenticated: Consultant - GEE & JENSON En~~ts-Pla~ers, Inc. Title - Philip A~rannell, Jr. AIA .Se~ce President Off'of the ~y Attorney EXHIBIT "A" "SCOPE OF SERVICES" FOR CONSULTANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GEE & JENSON ENGINEERS, ARCHITECTS, PLANNERS, INC. The Consulting Engineer as identified in the Consultant Agreement will provide varied responsibilities within the field of Engineering, Architecture and Planning on an as needed basis. These responsibilities are designated as follows: 1) Provide basic Engineering, Architecture, and Planning services relating to the planning, design and construction of public works and capital improvement projects within the City, as requested, including construction phase services. projects will include buildings, parks, beaches, landscaping, water, sewer, drainage and road · ehabilitation. Technical assistance in the design of projects performed by City staff, including surveying will also be requiredi 2) Review all plat submissions for compliance with City and C~un~y land development regulations, including applicable Florida statutes and o~her requisite governmental agency regulations, in preparation for the En i~eerin consultant's g g placement of signature and seal upon approved plat documents. 3) Review site plans for determining compliance with City codes and .associated municipal management plans, on an as needed basis, including the r~view of %and development plans comprised of paving, grading and drainage. 4) Conduct feasibility investigations, and cost studies as may be required for the development of public works and capital improvement projects. 5) Represent the City, when required, before all courts or commissions to state opinions or conclusions where expert testimony is required. EXHIBIT "B" "HOURLY RATE SCHEDULE" FOR CONSULTANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GEE & JENSON ENGINEERS, ARCHITECTS, SENIOR PRINCIPAL PRINCIPAL SENIOR TECHNICAL SPECIALIST PROJECT MANAGER SENIOR ENG-ARCH-PLNR-SURV ENGINEER-ARCHITECT-PLANNER-SURVEYOR CADD DESIGNER SENIOR DRAFTER - TECHNICIAN CADD DRAFTER DRAFTER - TECHNICIAN FIELD REPRESENTATIVE SECRETARY COMPUTER TECHNICIAN SURVEY CREW 4 PERSON 3 PERSON 2 PERSON MANAGEMENT-FINANCIAL CONSULT RESEARCH CONSULTANT COMPUTER TIME MVl0000 - PER CPU HOUR - PER CONNECT HOUR CADD WORKSTATIONS - PER HOUR PERSONAL COMPUTERS (PCs) - PER HOUR RATES EFFECTIVE THROUGH JUNE 30, 1991 PLANNERS. INC. 1990 - 91 150 125 95 85 80 65 65 55 5O 40 55 25 55 92 79 69 70 45 180 6 24 8