R97-194RESOLUTION NO. R97-/~Z
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CONSULTANT AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND POST,
BUCKLEY, SCHUH & JERNIGAN, INC., TO PROVIDE
FOR ENGINEERING AND DESIGN SERVICES
THE GATEWAY BLVD. DESIGN
PROVIDING AN EFFECTIVE DATE.
FOR
PROJECT; AND
WHEREAS, the City Commission of the City of Boynton, upon
recommendation of Staff, deems it to be in the best interests of the residents and
citizens of the City of Boynton Beach to engage the services of Post, Buckley,
Schuh & Jernigan, Inc., to provide engineering and design services to develop a set
of plans for the construction of Gateway Blvd.; and
WHEREAS, consultant was selected pursuant to Sec. 287.055,
Florida Statutes (CCNA); and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to :ex.e..cute the
Consultant Agreement between the City of Boynton Beach and Post, Buc-~e'~---..~
Schuh & Jernigan, Inc., to provide engineering and design services to develop a set
of. plans for the construction of Gateway Blvd., which agreement is attached hereto
as Exhibit "A".
Section 3. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this /,¢ day of November, 1997.
ATTEST:
Cite'Clerk
s:~4BuckLe~ g - 11/~97
CITY OF BOYNTON BEACH, FLORIDA
Mayor _.....~_~~
ice Mayor
/ Commissioner
pRODUCER 305
' ' i6[SO~ ....... [ CO~ NO ~G~ ~ON T~ ~RT~CAT~ HOLD~, ~ ~I~cA~
Colhnswortb, Alter, N , I DOESNOT~'E~OR~TERT~CO~GE~EDBYT~
..... Fowler & Dowling, Inc, I POLICI~ BELOW.
~ [ CO~S ~ORDING CO~GE
Post Office Box
] co~
Miami Lakes, FL
A ~oiiance National Indemnity
x~URED COMP~
B
Post, Buckley,Schuh & ~ernlgon
COMP~
200~ N.W. ]07TH Avenue C
Miami FL 33~72
co~
D
TYPE OF INSURANCE
RAL LIABILITY
ICOMM. GENERAL LIABILITY
I
OXVNER'S & CONTRACT'S PROT
ALL OWNED AUTOe
Tills IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEC'F TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY NUMBER POLICY EFF. POLICY EXP.
DATE (MM/DD/Y~ DATE (MM/DD/YY)
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
A~NY AUTO
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE:
OTHER
Professional
Liability
NTF2516646
9/30/97
GENERAL AGGREGATE
PROD-COMP/0P AGG.
PER5. & ADV. INJURY
EACH OCCURRENCE
FIRE DAMAGE(One Fire)
LIMITS
DESCRIPTION OF OPERATIONS/LOCATIONS[VEHICLESISPECIAL ITEMS
9/30/98
MED RXP(Any one per.n)
COMBINED SINGLE
LIMIT
BODILY INJURY
(Per person)
BODILY IN~RY
(Per accident)
PROPERTY DAMAGE
AUTO ONLY-EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
STATUTORY LIMITS
EACH ACCIDENT
DISEASE-POLICY LIMIT
DISEASE-EACH EMPL.
$1,000,000 Limit
Claim and Aggregate
RE: Gatewav Boulevard Improvements
Resolution #R97-194 and Consultant Agreement Form
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0'310
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL Be 5 DAYS WRI'VFEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFF,'BUT FAILURE TO MAIL SUCH NOTICE SItALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, iTS AGENTS OR REPRESENTATIVES.
AUTHORIZED~ ~ T
Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A :MATTER OF INFORMATION ONLY ANti3 CONTERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. TI-frS CERTIFICATE IS NOT
tMN iNSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
This is to Certify that
Post, Buckley, Schuh & Jernigma, !nc.
2001 N. W. 107 Avenue
Name and
address of
LIBERTY
MUTUAL® I 3
Insured.
' Miami, FL 33172
Is, at the issue date of this certificate, insured by the Company. under the poli~(ies).l!sted below. The insur..ance.afforded by .the listed policy.(i,es.I !s su~ to all th?ir
terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or omer oocumant wire respect to Wl~lCa mis ceraficate may
EXP. DATE
· [] CONTINUOUS
TYPE OF POLICY [] EXTENDED POLICY NUMBER LIMIT OF LIABILITY
[] POLICY TERM
: WORKERS COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY
LAW OF THE FOLLOWING STATES:
COMPENSATION AL,CA, CO, DC, FL, GA, MD, Bodily Iniuw By Accident
Each
06/30/98 WA1-15D-217333-177 $500,000
MA, NC, SC, VA, TX, NJ Accident
Bodily Injury By Disease
Policy
$500,000 Limit
Bodily Injury By Disease
$500,000 Each
Person
General Aggregate - Oiler than Products/Completed Operations
GENERAL $2,000,000
LIABILITY _
TB7-151-217333-047 Products/Completed Operatbns Aggregate
[] OCCURRENCE 06/30/98
$1,000,000
~-~ CLAIMS MADE Bodily Iniury and Property Darnafle Liability Per
$1,000,000 Occurrence
~-~-' Personal and Adver~sing Injury Per Person/
RETRO DATE $1,000,000 Organization
Other FIRE LEGAL [Other MED PAY
I, [ smooot $25,000
Each Accident- single Umit
AUTOMOBILE $1,000,000 B.I. and P.D. Combined
LIABILITY
[] OWN ED 06/30/98 AS7d 51-217333-037 Each Person
Each Accident or Occurrence
'[] NON-OWNED
[] HIRED Each Accident or Occurrence
OTHER
UMBRELLA EXCESS $10,000,000 SINGLE LIMIT FOR BODILY INJURY AND
LIABILITY 06/30/98 TH1-151-217333-077 PROPERTY DAMAGE LIABILITY OVER UNDERLYING LIMIT
ADDITIONAL COMMENTS
WC INCLUDES ALL STATES ENDORSEMENT
RE: GATEWAY BOULEVARD IMPROVEMENTS . .
THE CITY OF BOYNTON BEACH IS ADDITIONAL INSURED AS RESPECTS TO LIABILITY.
* If the certificate expiration date is continuous er extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date.
SPECIAL NOTICE-OHIO.- ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS
Mq APPLICATION QR FILES A CLAIM CONTAINING A FALSE OR DECEPTVE STATEMENT IS GUILTY OF INSURANCE FRAUD.
NOTICE OF CANCELLATION.- (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION
THE COMPANY WILL NOT CANCEL OR REDUCE THE ~ISURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 3 0 DAYS
CE OF SUCH CANCELLATION HAS BEEN MAILED TO: r----
CITY OF BOYNTON BEACH
cm-nmar~ P.O. BOX 310
H~D~R
~BOYNTON BEACH, FL 33425-0310
MARK S. ASHWOOD
AUTHORIZED REPRESENTATIVE
FT. LAUDERDALE
OFFICE
(800) 542-0055
12/1/97
PHONE NUMBER DATE ISSUED
This certificate is executed by LIBERTY MUTUAL GROUP as respects such insurance as is afforded by Those Companies BS 772L (FL)
memorandum
CC:
From:
Date:
Re:
Kerry Willis, City Manager
John Guidry, Utilities Director
Al Newbold, Deputy Director of Development
Mike Pawelczyk, Assist. City Attorney
Tambri Heyden, Planning Director
Charlie Frederick, Recreation and Parks Director
Wilfred Hawkins, Assistant to the City Manager
C. Larry Roberts, Director of Public Works/City Engineer
11/07/97
Award Consultant Contract - Gateway Blvd. Improvements
Attached is Copies of the following items:
Scope of Work proposed for the project
Fee Schedule for the design and engineering services
Public Works Memo #97-255
Amended Contract Language
The Scope of Work is a listing of items that has been negotiated with the Consultant for Engineering
and Design Services for the Improvements of Gateway Blvd. The document defmes in detail the
items that will be prepared under this contract.
The Fee Schedule identifies the cost of the Engineering and Design Services offered.
Memo #97-255 was written to outline the oredesi~tn breakdown of construction items involved with
the improvements to Gateway Blvd. with associated cost estimates of the cost of construction and
design, showing the total budget required for the project. The Memo also outlines some of the
negotiated items that was removed from the original proposal, and the intended method for handling
those items.
During the negotiations, the Consultant requested changes in4he Proposed Contract language. These
items were submitted to the City Attorney. The memo from the City Attorney's Office attached is
the Amended Contract language proposed by the Consultant and approved by the City Attorney.
This document would be the contract between the City and the Consultant should the City
Commission approve the Proposal.
Through an Interlocal Agreement Palm Beach County has funded this project to a limit of $750,000.
It now appears that additional funding is required to adequately perform this project.
November 7, 1997
The County Engineer has been given copies of the Fee Schedule and the Public Works Memo as a
response to the City's request for additional funding for the project. Mr. George Webb, County
Engineer is in the process of reviewing the estimates of construction items and costs. He suggested
that there appeared to be justification for additional funding for the project, and recommended that
the City award the design contract for the project while this analysis and acquiring of additional funds
was proceeding. The design contract with the consultant is flexible in its scope such that should the
design be controlled by the budgeted funding, this can be accomplished.
The Consultant Post, Buckley, Schuh & Jernigan, Inc. has be very helpful during the negotiations,
and remains cooperative in the City's needs in the project.
It is recommended that the City award a contract for the Design and Engineering Services for the
Improvements of Gateway Boulevard to the Consultant Post, Buckley & Jernigan, Inc.
CONSULTANT AGREEMENT FORM
THIS AGREEMENT, is entered between the City of Boynton Beach, hereinafter
referred to as "the City", and ~'os'r, ~:~=LE?, .~c~u~/ ~ 3L=~.~JIG~.I~, I ,~hereinaffer
referred to as "the Consultant", in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
PROJECT DESIGNATION. The Consultant is retained by the City to perform
t~w k-~ ?~.~--e~-rl~,v services in connection with the project
designated
SCOPE OF SERVICES. Consultant agrees to perform the services, identified on
Exhibit "A" a~ached 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 pursuant to this
agreement by from the
date wdtten notice is given to proceed, unless an extension of such time is
granted in wdting by the City.
PAYMENT. The Consultant shall be paid by the City or 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 that the total amount of payment to Consultant shall not exceed
~",/1~l~ ~ ~C" without express written modification of the agreement signed by the
The Consultant may submit vouchers to the City once per month 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 of approved.
Final payment of any balance due the Consultant of the total contract pdce earned will be
made promptly upon its ascertainment and verification by the City after the Completion of
the work under this agreement and it's 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.
The Consultant's records and accounts pertaining to the agreement are to be kept
available for inspection by representatives of the City and State for a period of three 93)
years after final payments. Copies shall be made available upon request.
5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings,
10.
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 endeavor's~
COMPLIANCE WITH LAWS. Consultant shall, in performing the services
contemplated by 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 and hold harmless the City, its
officers, and employees, from and against any and all losses or liability, or any
portion thereof, including attomeys fees and costs, adsing from injury or death to
person, the employees, or damage to property occasioned by a negligent 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 see ~-~rr "~3' per occurrence and
professional liability insurance in the amount of $~'~' ~-,,~tsrr "a '
Insurance should be acquired based upon the limits set forth in the Insurance
Advisory Form attached hereto as Exhibit "B," or substantially in compliance with
said form to the approval of the City of Boynton Beach Risk Manager.
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 nor 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
res pect to Consultant, or any employee of Consultant.
COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he
has not employed or retained any company or person, other than a bonafide
11.
12.
13.
14.
15.
16.
employee 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
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, the City shall be .the right to annul this contract without liability or,
in its discretion to deduct from the contract pdce or consideration, or otherwise
recover, the full amount of such fee, commission, 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.
ASSIGNMENT. 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 dght to terminatethis agreement at any time by
giving ten (10) days written notice to the Consultant.
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 agreement, 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 out of the terms or conditions of this agreement shall
be adjudicated within the courts of Flodda. 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
BOYNTON BEACH, FL 33425-0310
Notices ta Oonsultnnt shall be sent to the follawing address:
~os~,~uc~c~ ,%c~q~, ~ 3~~, I~c.
ATTN: ~::~UG
17.
SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of
this Agreement, or the occurrence of any event rendering any portion or
provision of this Agreement void, shall in no way affect the validity or
enforceability of any other portion or provision of the Agreement. Any void
provision shall be deemed severed from the Agreement and the balance of the
Agreement shall be construed and enforced as if the Agreement did not contain
the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any striCken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
18.
INTEGRATED AGREEMENT. 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
ag reements written or oral. This agreement may be amended only by written
instrument signed by both the City and .Consultant.
DATED this ~ day of ~OVE~i3E6'<. 19 (~'~.
CITY OF BOYNTON BEACH
Ma~or ~ /
Attest/Authenticated:
City'Clerk
(~ffice of the C'~y/Attorney
s:ca\develop\Gateway Blvd~Consultant Contract
Consultant
WILLIAM W. P, ANDOt. P~
CHAIRMAN OF THE BOARD
Title
(Corporate Seal)
Attest/Authenticated:
Secretary ~
BECKY S. SCHAFFER
ASSISTANT SECRETARY
SCOPE OF CONSULTANT SERVICES
GATEWAY BOULEVARD
FROM SEACREST BOULEVARD
TO FEC RAILROAD
SUBMITTED TO:
CITY OF BOYNTON BEACH
PREPARED BY:
POST, BUCKLEY, SCHLq-I & JERNIGAN, INC.
NOVEMBER 5, 1997
E~H~a t-r' A
Scope of Consultant Services
Gateway Boulevard
November 5, 1997
PROJECT DESCRIPTION AND OBJECTIVE
The purpose of this exhibit is to describe the scope of work and the responsibilities of Post, Buckley,
Schuh & Jemigan, Inc., hereinafter referred to as "CONSULTANT" in connection with the design
and preparation of final roadway plans for the roadway thoroughfare of Gateway Boulevard. The
scope of work described herein is based on the preferred construction improvement outlined in the
inter-local agreement.
Professional Engineering Services are required for the preparation of fmal roadway and structural
construction documents for the construction of Gateway Boulevard from Seacrest Boulevard to FEC
railroad; extending approximately 4,000 feet in length. The 2/3 lane roadway design of Gateway
Boulevard will be within an 80 foot fight-of-way consisting of 40 feet of pavement (2 - 11' through
wavel lanes, 1-12' bi-directional mm lane, and 2-3' shoulders), 2 foot curb & gutter, and 5 foot wide
sidewalks. A divided roadway at the east end will be reconstructed around the City's Royal Palm
Clubhouse.
The general project' objective is for the CONSULTANT to perform engineering services required
to prepare final roadwaY, lighting, and landscaping construction documents. Elements of work will
include survey, geotechnical, roadway, intersection improvements, drainage, signing and pavement
markings, maintenance of traffic, environmental permits, bid documents and specifications, and all
necessary incidental items for final roadway plans. It shall be the CONSULTANT's responsibility
to utilize the good engineering judgment, practices and principles possible during the prosecution
of the work commissioned under this contract. The CONSULTANT shall demonstrate good project
management practices while working on this project. These include communication with the City
of Boynton Beach, hereinafter referred to as "CLIENT", and others as necessary, management of
time and resources, and documentation.
PROFESSIONAL ENGINEERING SERVICES
The project will be divided into three phases: Phase I (Data collection, synthesis, survey,
geotechnical); Phase II (Plan formulation and implementation); and Phase III (Constmction Phase
Services).
The CONSULTANT is responsible for all services required for the preparation of the contract
documents for construction and tasks described herein. These professional engineering and survey
services shall include, but not be limited to, the survey, geotechnical exploration, design, document
preparation and permitting for all construction within the prOject limits. Construction documents
shall include, but not be limited to: roadway, drainage, signing, pavement marking, utility
coordination, cost estimates, maintenance of traffic plans, and permit procurement.
Scope of Consultant Services
Gateway Boulevard
November 5, 1997
Plans shall be prepared in accordance with the latest editions of the Palm Beach County's
Thoroughfare Road Design Procedures, Manual on Uniform Traffic Control Devices, Florida
Department of Transportation's (FDOT) Plans Preparation Manual, FDOT's Roadway and Traffic
DeSign Standards, and Federal Highway Administration's AASHTO Geometric Design Book.
The CONSULTANT shall be responsible for the professional quality, technical accuracy, and
coordination of all surveys, designs, drawings, specifications, and other incidental services. The
CONSULTANT shall also be responsible for providing continuous quality control and quality
assurance reviews prior to each submittal in accordance with "standard practice" according to
procedures recommended by the National Society of Professional Engineers (N.S.P.E.). The
measures to be provided shall be sufficient to establish that "due care" has'been utilized in
preparation of the work and documents.
PHASE I DATA COLLECTION, SYNTHESIS, SURVEY, GEOTECHNICAL
Survey Tasks:
2.
3.
4.
5.
6.
7.
8.
9.
Reconnaissance and recovery of survey control points and geodetic stations.
Establish Baseline of Survey.
Recover existing vertical control and establish site benchmarks at appropriate intervals as
referenced to the National Geodetic Vertical Datum of 1929.
Locate all above ground, visible improvements within the corridor fights-of-way.
Obtain cross section elevations at 100 foot intervals, extending 20 feet north and south and
west of the centerline, together with ail significant changes in grade.
Provide topographic drawings at a scale of inch equals 20 feet in addition to AUTOCAD
file for same.
Provide ASCII file with topographic points for use in development of project's Digital
Terrain Model.
Project coordinates will be referenced to the North American Datum 1983/1990.
Stake horizontal locations and determine elevations for approximately 22 boring locations.
Survey 0ualifications:.
Official Notification will be required prior to the commencement of project activities.
All field and office tasks will be performed in accordance with the applicable provisions of
the "Minimum Technical Standards for Land Surveying in the State of Florida", pursuant to
Chapter 472.027, Flodda Statutes and Rule 61G17-6 of the Florida Administrative Code.
This proposal does not include the depiction of the location of underground utilities or
matters of record that a current opinion of title may reveal. If these services are required, it
shall be considered supplemental to and subject to fee negotiation.
2
Scope of Consultant Services
Gateway Boulevard
November 5, 1997
Right-of-Way Maps are not included in the Proposed Scope of Services. Parcel sketches
will be provided on a maximum of two parcels.
Geotechnical:
4
Standard Penetration Test (SPT) Borings - Two (2) SPT borings will be drilled to shallow
depths (15 feet) for light foundations.
Pavement cores - Three (3) each.
Auger Borings - 10 borings on 600-foot centers drilled to depths of 7.5 feet.
Laboratory Soils Testing - analysis of collected soil samples for physical properties such as
gradation (sieve), organic content, stability, and moisture content.
Engineering Evaluation and Report - geotechnical report with text, tables, and drafted sheets,
in standard Palm Beach County / FDOT format; presenting the gathered field and laboratory
data, as well as design recommendations and also for roadway embankments, as well as
pavement sections.
AERIAL MAPPING:
PHASE II
PLAN FORMULATION AND IMPLEMENTATION
(IMPLEMENTATION & FINAL DESIGN)
The CONSULTANT shall be responsible for all services' required for the preparation of the
following contract documents:
- prepare plan/prof'fle sheets, drainage/stormwater design, intersection details, typical
ary of quantities and drainage structures, cross section sheets, miscellaneous
construction details, traffic control plans.
Landscape Architectural Tasks:
Review existing conditions to determine aesthetic functional opportunities and constraints
for corridor improvements.
Def'me desired proposed elements and corridor character ia a collaborative effort with city
staff and applicable committees. This collaborative effort would occur at a work shop type
setting (optional service) that would allow for the participation of all responsible and effected
parties. Elements would include trees, sidewalk pavements, lighting, signage, architectural
elements and any appropriate street furnishings.
Create illustrative drawings depicting the proposed solution and present to the City
Commission (optional service).
Scope of Consultant Services
Gateway Boulevard
November 5, 1997
Develop landscape and irrigation construction plans, details and specifications for the
implementation of the approved design. Plans will be drawn to a scale of one inch equals
20 feet.
Si?lng and pavement marking plans - prepare tabulation of quantities, general notes, plan sheets.
Contract documents and specifications - prepare contract bid documents and project technical
specifications. The CONSULTANT will attend the pre-bid meeting and will assist the CLIENT with
evaluations of contractor bids.
Permitting - procure permits from the following regulatory agencies:
South Florida Water Management District - Environmental Resource Permit
Palm Beach County Engineering and Public Works
Palm Beach County Environmental Resource Management - Vegetation Removal Permit
U.S. Environmental Protection Agency - NPDES / SWPPP Permit
Florida Department of Transportation- Signal Permit, Vehicular Access Connection Permit
Florida Game and Fresh Water Fish Commission - Gopher Tortoise Relocation Permit
Utility Coordination- the CONSULTANT shall coordinate the design efforts with utility companies
owning facilities within the project limits, including but not limited to the following agencies:
Florida Power and Light Company
Bell South
City of Boynton Beach
PHASE m CONSTRUCTION PHASE SERVICES
Po~t Design Services:As part of basic services, a variety of tasks are needed in support of the field
inspection and operations staff during the progress of the work, including:
Attend pm-construction and coordination meetings;
Respond to design related requests and approval of materials and equipment;
Attend weekly progress meetings as needed;
Serve as a liaison between CLIENT, Contractor, permitting agencies;
Review shop drawings;
Analyze claims for additional compensation;
ReView applications for payment;
4
Provide CADD files to City's Full Time Resident Project Representative (RPR) so that
record CADD can be prepared. Unless the RPR services are provided by PBS&J, the
accuracy of the CADD files can not be attested to.
At the option of the CLIENT, the CONSULTANT shall provide constructiOn engineering and
inspection services during construction. Upon satisfactory completion of the negotiations, a
Supplemental Agreement, fOr the construction phase shall be executed with the CONSULTANT.
The CONSULTANT will provide CEI services before, during, and after construction of the project,
providing its expertise during all elements thereof, particularly those affecting cost, time of
construction, expeditious and efficient completion of the project, and public impact. CEI services
will include Contract Administration and Management, Resident Inspection of Construction, and
Recordation.
The CONSULTANT shall provide to the CLIENT qualified representation during the construction
phase to deal with issues concerning the intent and interpretation of the construction contract plans
and documents prepared in the work. Should changed conditions be encountered in the field and
when requested by the CLIENT, the CONSULTANT shall respond in a timely manner with suitable
engineering solutions which take into account the changed conditions.
OPTIONAL DESIGN SERVICES
Optional design services will be provided based upon further investigation and project needs.
y:\COMMONLPROPOSAL\GATEWAY~GATEWAY.WPD
ATTACHMENT A
Design/Construction Packaging
Design will require one construction package covering all elements of design.
The cost estimates will be verified as part of the preliminary phase.
Design will meet Palm Beach County design standards, but may deviate County
standards substantially to meet budgetary constraints.
Design Elements/Assumptions
na
Project limits will be defined inter-local agreement with Palm Beach County. No
improvements are within the recreation center.
Preliminary design will be done based upon many of the assumptions listed below.
Roadway typical will be established based upon available fight of way and input
from Palm Beach County.
Bicycle Path will be provided informally as a paved shoulder.
Roadway Plans will be developed based upon widening/reconstruction as feasible.
Drainage schemes will be developed based upon a reevaluation of the current
drainage plan. Back of sidewalk sketches will be developed and used for analysis
only. Anticipate drainage system with no outfall, as currently drainage exists using
exfiltration trenches.
NPDES/SWPPP - By referencing FDOT indexes with permit required by contractor.
Water - for conflict areas only.
Sewer - for conflict areas only.
Landscaping -will be developed for the project's entire length.
Streetseaping - Brick pavers are not anticipated.
Signal Design not required. Replacement of loop detectors only.
Lighting will be developed based upon relocation/coordination with private
eomp~es. Lighting levels will not be required to meet FDOT and Palm Beach
County requirements for roadway lighting. Lighting will be provided for pedestrian
level where feasible at approximately 0.5 foot candles.
Other utilities - relocation/coordination with pfivate companies.
Railroad crossing design/coordination required at Gateway Boulevard and FECRR.
Permits required from SFWMD, LWDD, Palm Beach County Health Department.
No permit from FDOT is anticipated.
Cost and Quantity Estimates - will be provided at the preliminary and final plans
development stages. Quantity Estimates for final plans will be provided in the' form
of a Computation Book following the Computation Manual.
Mapping/Right of Way Assumptions
Aerial mapping will be provided in digital vector planimetric.
Supplemental survey.
i. Stake the centerline with stationing painted,
ii. Set bench marks, targets,
iii. Collect supplemental gro~md data~
iv. Collect undergroUnd data, pothole utilities,
v. Cross sections and other vertical data, etc.
vi. Critical item will be to detail driveways vertically at all locations within 20
feet of the fight of way.
Parcel sketches and descriptions are anticipated for a maximum of 2 parcels.
Co
Information provided by the CITY.
ao
Utility Atlases and Master Plans.
Location of Proposed utilities.
Horizontal and vertical locations of all water ands sewer laterals.
Y:\COMMON~ROPOSAL\GATEWAY~ATrACHA.WPD
City of Boynton Beach
Risk Management Department
ATTACHMENT ~
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages
listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing
the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to liability."
(NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon
selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits
required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require
additional types of insurance, or to raise or lower the stated limits, based upon identified risk.)
TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability
Commercial General Liability
Owners & Contractor's Proc
Liquor Liability
Professional Liability
',& Officers
General Aggregate
Products-Comp/Op Agg.
Personal & Adv. Injury
Each Occurrence
Fire Damage (any one fire)
Med. Expense (any one person)
$1,000,000.00
$1,000,000.00
$1,000,000.00
$1,000,000.00
$ 5O,000.00
$ 5,000.00
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Liability
Automobile Liability
Any Auto
All Owned Autos
Scheduled Autos
Hired Autos
Non-Owned Autos
Garage Liability
Any Auto
Combined single Limit
Bodily Injury (per person)
Bodily Injury (per accidenO
$1,000,000.00
to be determined
to be determined
to be determined
$ 50,000.00
Auto Only, Each Accident
Other Than Auto Only
Each Accident
Aggregate
$1,0000,000.00
$ 100,000.00
$1,000,000.00
$1,000,000.00
Excess Liability
Umbrella Form
Worker's Compensation
Employer's Liability
Each Occurrence
Aggregate
to be determined
to be determined
Each Accident
Disease, Policy Limit
Disease Each Employee
Statutory Limits
$ 100,000.00
$ 500,000.00
$ 100,000.00
Other - As Risk Identified to be determined
INSURANCEADVISORYFORM02
Revised 06/97
City of Boynton Beach Fee Schedule Gateway Roadway Project
Basic Design Planning Options
sheets/notes Hours Fee Hours Fees
Basic Design Fees ~
Roadway 8 5305 37,980 32 $ 2,293
Cross Sections ' 15 120 $ 7,481
Drainage 2 292 $ 20 263
Utility Coordination 1 48 $ 3,275
Subtotal Basic Design Svs 26 990 $ 68,999 32 $ 2,293i
Additional Design Fees
Signing and Marking 88 $ 6,251 '
Traffic Control Plans 1 - $ -
Lighting(By FPL) 5 - $ -
DecOrative Lighting Premium . 5 120 $ 7,!56'
Land~caPingllrrigation 6 180 $ 11,769 ~
Landscape Planning 179 $ 10,827
SPecifications Boiler Plate Review 0 48 $ 4,176
Quantities and Estimates 0 48 $ 3,139
Permit SFWMD and RR . 102 $ 8,374
Utilit~ Adjustments 7 56 $ 3,821
SubtOtaI.Add'l Design Fees 24 522 $ 37,530 299 $ 17,983
Eng. Data Collection
Surveying I $ 19,680
Aerial Mapping $ 3,855
Geofechnical . - $ 5,500
Bidding Phase 32 $ 2,084
SubtOtal Eng. Data Collections 32 $ 31,119 $ -
Design Services Total 50 # 1,544 $ 137,648 331 $ 20,276
Optional Services
Parcel Sketches ( 2 at 350) $ 700
General Observation 6 mo. 12/mo 92 $ 8,005
Inspection Services By City Staff - $ -
Materials Testing By Contractor $ -
Total Optional Services $ 8,705
Total Project Cost $ 146,352 331 $- 20,276/
Gateway.xls Post Buckley Schuh Jernigan 11/6/97
CITY OF BOYNTON BEACH
MEMORANDUM
TO:
FROM:
RE:
DATE:
C. Larry Roberts, Director of Public Works/City_ ~ _~'~ ')Engineer
Michael J. PawelCzyk, Assistant City Attomey~
Gateway Boulevard Project
October 8, 1997
Enclosed herein are the documents you provided to this office for review, as well as the revised
Consultants Agreement. I have incorporated the changes requested by Broughton K. Lang, Esq.
In the revised Agreement. Either your department and/or the consultant still must prepare a
Scope of Services (Exhibit "A") to attach to the Agreement. Should you have any questions,
please do not hesitate to contact me.
ca~tevelop¥=,ateway project~obem memo 2
memoran&un
To:
F rom:
Date:
Re:
Kerry Willis, City Manager
C. Larry Roberts, Director of Public Works/City Engineer
10/15/97
Consultant Selection-Gateway Boulevard
Using predesignl figures supplied by the proposed consultant, Post, Buckley, Schuh & Jemigan, it
appears that the following will be the cost of construction of Gateway Boulevard:
Grading and Paving $556,794
Drainage 311,440
?;~ii~i~. Water ~tility Adjustments 23,400
::;?:~:~!!!~::!~wer Utility Adjustments 15,500
~.~; !').?~¢mgt~¢al Adjustments 9,750
Royal Pa~ Tre~ 10~ $5000
O~ Tr~ 10~ $1500
Scrubs 60~ $25
Iffigafiou System
$ 916,884
$ 48,750 (questionable may be provided by FPL)
50,000
15,000
1,500
4400LF ~ $8.00 36,200
Total Additional Items
$151,450
SubTotal Project Costs
Allowing for a 20% Contingency
$1,068,334
$ 213,666
TOTAL PRO. CT COSTS $1,282,000
The following is the proposed schedule of design services:
October 15, 1997
BASIC DESIGN SERVICES
DESIGN PLANNING
ITEM SHEET/NOTES HOURS FEE HOURS FEE
Roadway Design. 8 530 $ 37,980 32 $2,293
Cross-Sections 15 120 $ 7,481
Drainage 2 292 $20,263
Utility Coordination 1 48 $ 3,275
Subtotal Basic Design Services 26 990 $68,999 32 $2,293
ADDITIONAL DESIGN SERVICES
DESIGN PLANNING
ITEM SHEET/NOTES HOURS FEE HOURS FEE
Signing and Marking 88 $ 6,251
Lighting Report 28 $ 2,142
Decorative Lighting Premium 5 80 $ 4,770
Landscaping/Irrigation . 6 180 : $11,769
Landscaping Planning 179 $10,827
Specifications Boiler Plate Review 48 $ 4,176
Quantities and Estimates 48 ' $ 3,139
Permit sFWMD & RR - 102 $ 8,374
Utilities Adjustments 7 ' 56 , $ 3,821
Subtotal Add'! Design Fees 18 522 i $37,530 287 $17,739
ENGINEERING DATA COLLECTION
ITEM SHEET/NOTES HOURS FEE
Surveying $19,680
Aerial Mapping $ 3,855
Geotechnical · $ 5,500
Bidding Phase . 32 $ 2~084
.Subtotal Eng Data Collection 32 $31,119
TOTAL DESIGN SERVICES
44 1544 $137,648
319
$20,032
2
OPTIONAL SERVICES
October 15, 1997
ITEM SHEET/NOTES HOURS FEE
Parcel sketches (2~ $350) $ 700
General Observation 6mo 12/mo 92 $ 8,005 i
Subtotal Optional Services 92 $ 8,705
DESIGN PLANNING
SHEETS HOURS FEE HOURS FEE
TOTAL ENGINEERING COSTS 44
1636 $146,352 319 $20,032
TOTAL CONSTRUCTION COSTS
$1,282,000
i~OTAL PROJECT COSTS
DESIGN AND CONSTRUCTION
$1,428,352
PLANNING
$20,032I
In the original proposal presented by the consultant, there were several items that were asked to be removed, or negotiated to
more acceptable levels.
There was an item under additional design fees for preparing a Traffic Control Plan. The plan would have
required 88 hours to produce 1 sheet of plans with a cost of $7,529. The item will now be placed in the contract
specifications, and the construction contractor for the project will be responsible for preparing such a plan,
meeting our approval.
There was an item in the original proposal under additional design fees for Lighting that would have required 88
hours to produce 5 plan sheets at a.cost of $5,099. A call was made to Rusty Rossello with FPL. He replied
that given a particular illumination level set for the project, FPL would do all the design work for the lighting.
He also indicated that it would probably be necessary to move many of'the poles involved with the' construction
of the project, and the reconstruction could be coordinated with the lighting design, such that the installation of
lighting may be at a much diminished, or even no cost. This item was then removed from the proposal. Any
desire for decorative or architectural lighting will not be available through FPL, and will require additional
design services. This additional design has been included as a fee under the Planning column.
October 15, 1997
In the original proposal there was an item for Landscaping/Irrigation Design that was listed at $18,308. The
number just appeared to be high. The proposer had planned to subcontract this item to another engineer. Upon
bringing this up to the subcontractor, it was determined that the original proposal would have been coordinated
with the lightingdesign, and the placement of landscaping would be critical to the maintenance of a light level.
This requirement seemed unnecessary. The sub engineer therefore reduced his proposal to 180 hours of work
for $i 1,769. Should the City desire more elaborate landscaping consideration, an item has been included in the
proposal for Planning that has been inserted for this purpose.
This project is.the type that needs on hand, full time construction inspection. There was an item in the original
prOposal which provided 1040 manhours, for 4 months of construction inspection services for $59,873. It is
thought that this figure is too high. With the thoughts that we should be setting up an 'Engineering Department,
this could well be its first employee. There should be considerable savings in h~ving this service in house.
A copy of the language revisions for the contract proposed by the Consultant was given to the City Attorney's
Office. The City Attomey has reviewed the proposed changes, and found them to be acceptable. A new
Contract has been drafted showing the Proposed Cl~anges.
With the above considerations, it is recommended that the City enter into the Contract with Post, Buckley,
Schuh & Jernigan, Inc. for providing design and engineering services for the construction of Gateway
Boulevard.
CC: Al Newbold, Development
John Guidry, Utilities
Charlie Fredericks, Recreation
Tambri Heydon, Planning
Mike Pawelczyk, Attorney
Wilfred Hawkins, C.M.
File
4
Boynton Beach
P.O. Box 310
BoytUon Beach, Flor/de 3342,5-0310
F~: [~1)
December 17, 1997
Becky $chaffer, Esq.
Post, Bucldey, Shuh, & Semigan, Inc.
2001 NW 107~ Avenue
Miami, Florida 33172
VIA FACSIM~E ONLY
Re:
Gateway Boulevard Improvements Contract for Consulting Scrvices
Contractual issue reoardln~ insurance reouirements
Dear Becky:
This office bm discussed thc above matter with thc City's Risk Management Specialist,
who has indicated his acceptance of thc Ictter dated December 11, 1997 from W. Meade
Co]lin,~vorth of CollillSWOffi% Alter, Nielson et al. Your company will be required to
maintain a claims made policy for Professional Liability exposures at thc limits
mfcrcnced in Exhibit "B' to the contract. Should you have any questions please do not
hesitate to contact me.
Yom very truly,
MICHAEL J, PAWELC~.YK
ASsistant City Attorney
cc: Chuck Magazine, Risk Management
"An Equal Opportunity/Affirmatiue Action/ADA Employer"