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R08-056 II 1 RESOLUTION NO. R 08- 05Co 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE EXECUTION 6 OF A CONSULTANT AGREEMENT (RFQ # 008-2513- 7 08/JA) BETWEEN THE CITY OF BOYNTON BEACH 8 AND STANLEY CONSUL T ANTS, INC., FOR THE 9 OCEAN AVENUE - INTERSTATE 95 PROJECT 10 AL TERNA TE ACCESS ROUTE STUDY IN THE 11 AMOUNT OF $58,346.00; AUTHORIZING THE CITY 12 MANAGER AND CITY CLERK TO ENTER INTO THE 13 AGREEMENT; AND PROVIDING AN EFFECTIVE 14 DATE. 15 16 WHEREAS, the City of Boynton Beach issued a Request for Qualifications (RFQ 17 #008-2513-08/JA) for the study of a possible alternate access route to the project site 18 located at 514-518 West Ocean Avenue; and 19 WHEREAS, the City Commission, at the January 15, 2008, meeting authorized 20 staff to negotiate a contract for the alternate access route study; and 21 WHEREAS, the Scope of Services sets the stage for the study and interim 22 presentation tot he City Commission before authorizing further design and construction 23 tasks. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 30 authorizes the execution of the Consultant Agreement with Stanley Consultants, Inc., for the S:\CA\RESOlAgreements\Bid AwardslAward of Consultant Agreement - Stanley Cons (Alternate Route).doc II Ocean Avenue - Interstate 95 Project Alternate Access Route Study (RFQ#008-2513- 2 08/JA) in the amount of $58,346.00. 3 Section 3. The City Commission authorizes the City Manager and City Clerk to 4 execute a Consultant Agreement with Stanley Consultants, Inc., a copy of which is attached 5 hereto as Exhibit "A". 6 Section 4. That this Resolution shall become effective immediately. 7 PASSED AND ADOPTED THIS ~ day of April, 2008. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ATTEST: 24 25 26 27 28 29 30 31 32 33 CITY OF BOYNTON BEACH, FLORIDA Co.!n;mis~one~ - Woodro'Y L. )/'1 / / / / ~-I'. ;: . ~a~fZ:nJ! z/~~.. Commissioner - Marlene Ross Yn.p~ S:\CA\RESOlAgreements\Bid AwardslAward of Consultant Agreement - Stanley Cons (Alternate Route).doc The City of Boynton Beach ~"'.. '"r'- o . f . ., / '. \ \ \ \ _ \ \ l "'..\......::-. // -~ City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@cLboynton-beach.f1.us www,boynton-beach.org MEMORANDUM TO: Carol Doppler Purchasing Agent FROM: Janet M. Prainito City Clerk DATE: April 25, 2008 SUBJECT: R08-056 Consultant Agreement for Ocean Avenue - Interstate 95 Project Alternate Access Route Study Attached for your handling is the partially executed agreement mentioned above and a copy of the Resolution. Once the document has been fully executed, please return the original document to the City Clerk's Office for Central File. Thank you. ~YYl.P~ Attachments (2) C: Central File & Followup S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\200B\.leff Livergood RO-OOB.doc America's Gateway to the Gulfstream CONSULTANT AGREEMENT FOR ROB - a5h OCEAN AVENUE -INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Stanley Consultants. Inc.. of West Palm Beach. Florida. hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform CONSUL T ANT services in connection with the project designated. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "B" attached hereto, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the city's assigned project manager. 3. 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 within 120 days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. 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 $58.346.00 without express written modification of the agreement signed by the City. b. 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 approved. c. Final payment of any 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 this agreement and its acceptance by the City. d. 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. e. The Consultant's records and accounts pertammg 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. CA-l 5. OWNERSHIP AND USE OF DOCUMENTS. All 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. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service 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. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, 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 employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 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. 9. 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 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. 10. COVENANT AGAINST CONTINGENT 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 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 have the right to annul this contract without liability or, in its CA-2 discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHffiITED. 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. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. 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. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. 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. 15. 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. 16. 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 to Consultant shall be sent to the following address: Stanley Consultants, Inc. 1601 Belvedere Rd. West Palm Beach, FI 33406 Contact: Mark E. Weber, P .E. CA-3 17. INTEGRA TED 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 agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this /~ dayof~,2008. CITY OF BOYNTON BEACH ~ " City Manager -- Attest! Authenticated: 'J ;ce ~he~1Ad:- Title (Corporate Seal) Attest! Authenticated: \~~ lJh~ Secretary '\ Rev. 1/22/91 CA-4 EXHIBIT "B" OCEAN AVENUE - INTERSTATE 95 ALTERNATE ACCESS ROUTE STUDY SCOPE OF SERVICES The City of Boynton Beach is seeking a Consultant Engineering firm to study a possible alternate access route to a project site located on 514 though 518 West Ocean Avenue, which is located on the south side of West Ocean Avenue, directly abutting the east side of the CSX Railroad corridor on the west side of the Interstate 95. INTRODUCTION/BACKGROUND The City Of Boynton Beach has retained Stanley Consultants, Inc., to study a possible alternate access route to a project site situated in NW % of Section 28, Township 45 South, Range 43 East, bounded on the east by Interstate 95, on the north by West Ocean Drive, on the west by the CSX Railroad corridor, and on the south by private property owned by the Winchester family. The project site is currently accessed via West Ocean Avenue at the existing railroad crossing, which is currently serving the project site and another adjacent property owner of the Bulldog Fence Company. PHASE 1- PROJECT COORDINATION Upon written authorization, the CONSULTANT (Stanley Consultants, Inc.) will perform the following tasks for the CLIENT (City of Boynton Beach): Task 1: Coordination Meetinas In order to ensure proper communication and coordination between the Ocean 95 project developer, the City of Boynton Beach, the community and the necessary agencies, the following meetings are included in the scope of services: a) Project Kick-off Meeting 1. A kick-off meeting will take place to inform the CLIENT about the project scope, schedule, project team members, and to establish the project paper trail process. The CONSULTANT's project manager will provide the CLIENT a list of the project team members and contact information. 2. The CONSULTANT will propose the composition of a Study Advisory Team (SAT). The CLIENT will name or establish the SAT and will provide the SAT members' information to the CONSULTANT. 3. The project administrative process will be discussed, including: progress reports, invoicing procedures, point of contact, project communication process, etc. b) Property Owners' Meeting The meeting will including the Ocean 95 Project developers/owners, representatives from the CLIENT, the Bulldog Fence Company (The Bill Winchester Family Property), other directly involved property owners, and the CONSULTANT. The purpose shall be to obtain the most recent information related to the Ocean 95 Project, site plans, access issues, concerns, and or access requirements. One meeting is proposed. Scope of Services - City of Boynton Beach Page 1 of 4 c) Coordination Meeting with CSX Transportation, the CLIENT, and FOOT 1. The meeting will include details about the railroad crossing relocation process, requirements, criteria, and to identify the responsible office for reviewing and responding to the CLIENT's request, through the CONSULTANT. One meeting is proposed. 2. An allowance amount will be included in the Fee Estimate to cover potential costs for a coordination meeting in Tallahassee, if necessary. d) Study Advisory Team (SAT) A maximum of two meetings are proposed with the SAT. The meetings will be used to present the progress of the project and to obtain advice and guidance related to the issues expected to be identified during the completion of Phase I of the project. The SAT can be composed by a representative form FOOT Modal Development Office, CSX Railroad Company, and the City of Boynton Beach Project Manager. e) Summary Report (Deliverable 1) 1. Following the coordination meetings with the respective stakeholders, the CONSULTANT will prepare a summary report. The report will provide a summary of the findings gathered at the meetings listed under this Task. The report will be used to define the next action or activities upon direction from the CLIENT. 2. The CONSULTANT will submit three (3) copies of the report to the CLIENT. Task 2: Presentation to SAT and City Commission A presentation to the SAT and City Commission will be conducted following the completion of Task 1. The presentation will include a summary of the results from the previous tasks and will specifically include the potential to obtain acceptance to consider a new railroad crossing at Morton Way. During this meeting, the SAT and the City Commission will be asked to provide recommendations and directions for the completion of Phase 1\ as described below. Scope of Services - City of Boynton Beach Page 2 of 4 PHASE 11- RAILROAD CROSSING APPLICATION (Written Authorization from CLIENT is required before initiation of Phase II) Task 3: Public Hiahwav - Railroad Grade Crossina Proaram As part of the FDOT Opening/Closing Public Highway - Rail Grade Crossing Program, the CONSULTANT will prepare an application for the railroad crossing opening at the desired location (Morton Way extension). a) Application Preparation and Documentation Completion of the Opening/Closing Rail Grade Crossing application will include the following: 1. Site Visit - A field review will be conducted to obtain site pictures and other relevant information. The field review will be completed by the Project Manager and the Project Engineer. 2. Aerial photograph - A high resolution aerial photograph will be obtained (unless provided by the CLIENT). The aerial photograph is required to facilitate design and public information elements. 3. Properties Survey - The Ocean 95 project parcel survey and other relevant properties within the study area will be obtained from the CLIENT. No surveying function is included in this task. 4. Ocean 95 Development Plan - The most recently approved project master plan and site plan submitted by the Ocean 95 project developer will be provided by the City of Boynton Beach and / or the Ocean 95 project developer. 5. Traffic Study and / or traffic data for Ocean Avenue and Morton Way - A copy of the traffic study completed for the Ocean 95 project will be obtained by the CONSULTANT. All available traffic data shall be collected from the CLIENT, FDOT, Palm Beach County, and the City of Boynton Beach, and reviewed by the CONSULTANT. 6. Traffic volumes for Morton Way will be obtained by the CONSULTANT. Additional data required will be collected under a separate additional services task. 7. The CONSULTANT will coordinate with the CSX Railroad to obtain CSX right-of-way maps. 8. Drainage easements and outfall locations - The CONSULTANT will obtain documentation from the CLIENT to identify the drainage easements and outfall locations within the project boundary. 9. The CONSULTANT will coordinate with the CSX Railroad to obtain the number and the speed of trains currently utilizing the railroad corridor. 10. The CONSULTANT will provide an inventory of the existing railroad crossing safety features. 11. Development of a schematic (conceptual) alignment and roadway cross section with an opinion of probable construction cost for the preferred alternative. Scope of Services - City of Boynton Beach Page 3 of 4 b) Community Involvement Meeting 1. The CONSULTANT will prepare a Public Involvement Plan that will include outreach activities. 2. One community meeting is proposed to inform the community about the intent of the project and to obtain input. The CONSULT ANT will be responsible to coordinate with the CLIENT to define the community area to be contacted and to obtain, from the CLIENT, the property owners information to coordinate the community meeting. The CONSULTANT will prepare invitation documentation to be sent by the CLIENT to the community. The CLIENT will approve all communication documentation prior to delivery. 3. The CONSULTANT will prepare reports, drawings, boards, and other material required for the Community meeting. c) Progress Meetings Two additional meetings are proposed to be held with the CLIENT to discuss details about the progress of the project as well as other issues that may arise. d) Respond to FDOT Application Comments The CONSULTANT will respond to comments provided by the FDOT in reference to the Opening/Closing Rail Grade Crossing application. The responses will be submitted to the FDOT for review. The CONSULTANT will prepare up to three rounds of responses to FDOT comments. Additional FDOT comments will be addressed under a separate additional services task. e) Study Advisory Team (SAT) Upon receipt of the FDOT Stipulation of Parties (SOP) agreement, which serves as the Final Order to open the crossing, the CONSULTANT will present the findings to the SAT. The CONSULTANT will submit the schematic (conceptual) alignment for the Morton Way extension showing the tentative alignment and roadway cross section to the CLIENT, along with an opinion of probable construction cost for the preferred alternative. f) City Commission Presentation Based on comments provided by the SAT, a final presentation to the City Commission will be made by the CONSULTANT summarizing the findings. g) Summary Report (Deliverable 2) 1. Following the City Commission and SAT presentations, the CONSULTANT will prepare a summary report. The report will provide a summary of the findings gathered at the presentations listed above. The report will be used to define the next action or activities upon direction from the CLIENT. 2. The CONSULTANT will submit three (3) copies of the report to the CLIENT. Task 4: Implementation Upon recommendation of the City Commission to proceed with the railroad opening, the CONSULTANT will submit an appropriate scope and fee for this phase of the project. Scope of Services - City of Boynton Beach Page 4 of 4 Ul W Ul Z W D. >< W a: W :I: I- o Ul w a: o u a: o III 0:( ...J w !;( :; i= 1Il W W W II. " '" c o () C~ 00 .2: ! ~ ca en 0 .c: ~ji~ o >< > <C II: ~ ~ I: - fa g, CD i33::~ : I: c: 0 I;Q .e .2 'ii al~~ 'E_,gu; >OCDCft o_ere ~i'aO OE;-g ~8'1ie (,)l~~ .,ea: 08 88 $l :Jj '" 88 ~ ~ '" f " ~~~ g:! 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