R92-33RESOLUTION NO. R92~J
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A LETTER OF AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND POST, BUCKLEY,
SCHUH AND JERNIGAN, INC.; AND PROVIDING AN
EFFECTIVE DATE.
~EREAS, the City of Boynton Beach and Post, Buckley, Schuh and
Jernigan, Inc. have jointly developed a Letter of Agreement, attached
hereto as Exhibit "A"; and
M~EREAS, the City Commission of the City of Boynton Beach upon review
and recommendation of staff, deems it to be in the best interest of the
City to authorize the work to be done at the landfill under the terms set
forth in the attached Letter of Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COM#ISSIOW OF THE CITY OF
BOYNTOW BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby authorized and
directed to execute the attached Letter of Agreement between the City of
Boynton Beach and Post, Buckley, Schuch and Jernigan, Inc.
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AHD ADOPTED this /~ day of February, 1992.
CITY OF BOYNTON BEACH. FLORIDA
ATTEST:
Mayor / ~ ~
Co~ oner
Post,
LETTER OF AGREEMENT
between
Buckley, Schuh and Jernigan, Inc.
and
The City of Boynton Beach
WHEREAS, the City of Boynton Beach and Post, Buckley,
Schuh and Jernigan, Inc. (PBS&J) entered into a contract on
October 5, 1984 for the purpose of landfill closure; and
WH~KEAS, additional work has become necessary to
accomplish such landfill closure; and
WHEREAS, Post, Buckley, Schuh and Jernigan has designed
the additional work and represents to the City that the design
will alleviate the current situation; and
WHEREAS, that work is specifically detailed in the
December 17, 1991 contract specifications, bid and awarded by the
City of Boynton Beach to Southport Dredging; and
WHEREAS, the City and Post, Buckley, Schuh and Jernigan
have agreed to share the cost of that contract, both parties
agree to the following as a method of payment:
PBS&J and the City agree to the percentages
party of each item of the contract outlined
compensation worksheet which is attached to
of Understanding and
herein.
paid by each
on the attached
this Memorandum
specifically incorporated by reference
The contractor will submit all invoices for work completed to
PBS&J who will review it and approve for work completed as
project manager.
The invoices will also be reviewed by PBS&J and the amount
determined to be the responsibility of PBS&J will be paid
within ten (10) working days to the City.
If there is any delay on the par= of PBS&J in paying their
amount due and the City incurs penalties, additional charges
or interest the City shall be entitled to collect all out of
pocket expenditures from PBS&J.
-2-
Upon total completion of the work by the contractor and
written acceptance,by the City {which shall occur within
365 days of completion and which acceptance can be withheld
in the event defects develop in the work), the parties shall
exchange mutual releases. Nothing herein, or in the release
shall constitute a waiver with respect to any latent defect
related to design.
The purpose of this instrument is to evidence the compromise
and settlement of a disputed claim and shall not be construed
as an admission against interest by either party·
POST, BUCKLEY, SCHUH & JERNIGAN
CITY OF BOYNTON BEACH
Arline Weiner, Mayor
Approved as to form
ATTEST:
City Clerk
(Corporate Seal)
James Cherof
City Attorney