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R91-048RESOLUTION NO. R91- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE PROPOSAL SUBMITTED BY RICHARD L. SHEPHARD AND ASSOCIATES, INC., AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND RICHARD L. SHEPHARD AND ASSOCIATES, INC., TO COMPLETE PROPERTY SURVEYS ON SEVENTEEN (17) CITY-OWNED VACANT LOTS DESIGNATED TO BE USED IN THE SINGLE FAMILY HOUSING (INFILL) CONSTRUCTION PROGRAM; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach, Florida has seventeen vacant lots in the Rolling Green Ridge Subdivision which they intend to use in the Infill Construction Program; and WHEREAS, before the City can sell or otherwise convey these lots for use in the Infill Construction Program, certified property surveys must be completed to establish the boundaries of said lots; and WHEREAS, the City Commission of the City of Boynton Beach, Florida has determined upon its review and upon recommendation of staff, that it is appropriate and in the best interests of the City of Boynton Beach, Florida to enter into an Agreement between the City of Boynton Beach, Florida and Richard L. Shephard and Associates, Inc., which is attached hereto as Exhibit "A", and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City of Boynton Beach, Florida hereby accepts the proposal of Richard L. Shephard and Associates, Inc., and authorizes and directs the Mayor and "City Clerk to Exhibit "A". execute said Agreement, attached hereto as SeCtion 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this /~ day of March, 1991. ORIDA //Mayor Commissioner ATTEST: (c0rporat~ .~eal) The 1. AG~R'm'JENTFORPROPERT~SI]R%'E"fSERVJ[CES SCOPE OF SERVICES Scope of Services to be provided under this agreement are as follows: Provide three (3) sets each of certified vacant lot surveys meeting chapter 21H1{-6 of the Florida Administrative Code pursuant to Chapter 472.027 of the Florida Statutes, for the seventeen lots described as follows: Lots 7 and 8, Block 45, and Lots 27 thrgugh 34, Block 42. Rolling Green Ridge Second Addition, as recorded in Plat Book 26, at Page 214, Palm Beach County Public Records. And: Lot 5, less the Northerly 46 feet and less the Interstate 95 right-of-way, Block 4~, Rolling Green Ridge 1st Addition, as recorded in Plat Book 24, Pages 223 thru 226, Palm Beach Records AND Lots 6 through 8 and 18 through 21, less the Interstate 95 right-of-way on all of the foregoing, Block 44, Rolling Green Ridge 2nd Addition, -as recorded in Plat Book 26, Page 214, Palm Beach County, Records. (Furthe~ illustrations provided on the site map a~tached hereto.) The scope of services to be performed on each of the seventeen lots are as follows: a. Provide a sketch and legal description. b. Show front and side ties ko all existing structures (if applicable). c. Show all observable utilities. d. Show elevation at crown of road, at center of lot, corners, and one interior. e. Provide iron rods with caps at all corners. f, Flag stake all corners. g. Show all easements of records as per the recorded plat. SUPPLEMENTAL CONDITIONS a) The scope of services is predicated on the project being performed in accordance with the applicable codes and permitting requirements in force at the time of the agreement. b) If a question or a claim of alleged error or omission in the Consultant's services, plans or specifications occurs, the City shall notify Consultant within 48 hours of discovery of such. The Consultant will correct such mistake in it's services, plans or specifications, at no cost to the City. SURVEY.CON I CONSULTANT AGREEMENT FORM PROPERTY SURVEY SERVICES THIS AGREEMENT-is entered'into between the City of Boynton Beack, hereinafter referred to as "the City", andRichard L. Shephard & Ass0ciates,,tr hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. Project Desiqnation. The Consultant ~s retained'.by the City to pe=form Property Survey services in conn&ction with the project designated Vacant Lots for Infill Program 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 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 ~ursuant to this agreement within TEN (10).' calendar days from the date written notice ls given to-?roceed, unless an extension of such time ms granted in writin~ by. the City. Pa~ent. The Consultant shall be paid by the City for 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 than the total amount of payment to Consultant shall not exceed $1~66.6.00 without express written modification of the agreement signed by the City. (17 surveys @ $98.00. each) The consultant may submit vouchers to the City once per mont~ 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. Final payment of any balance due the Consultant of the total ccntract przce earned will be made promptly uDon its ascertaimn~ent and vezific&tion by the City after the comp!e5ion of the work under this agreement and its acceptance by th~oCity. Payment as provided in this section shall be full compensation for work performed, services rendere~ and for all materials, supplies, equipment and incidentals necessary to complete the work. The Consultant's records and accounts pertamning to this agreement are to be kept available for inspection by ..representatives of the City and state for a period of Consultant Agreement page 2 three (3) years after final payments. Copies shall be made available upon request. Ownership and Use of Documents. Ail documents, drawings, specificationg 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,-.~f drawings and specifications for information, reference and use in connection with Consultant'S endeavors. Compliance with laws. Consultant shalL, services contemplated by this a~reement, in performing the faithfully observe and comply with all federal, state and local law's, ordinances and regulations that are applicable to the services to be rendered ~under this agreement- Indemnificatidn-~ 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, Lncluding injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omzssion or failure of the Con ~uLtant. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $300,000 and professional liability insurance in the amount of $500,000.' o 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 ~x~cution of this agreement. Indeoendent Contractor- The ConsuLtant and the City agree that the Ccnsultant zs an independent conuractor with respect to the services provided pursuanu to this agreement. Nothing in this agreement shall be considered to create the relationship'of employer and employee between the parties hereto.. Neither Consultanu 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 respon~ibl 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. Consultant Agreement 'p~ge 3 13. Covenant Against Contingent Fee~. ~he Consultant warrants that ~ has not employed or retained any company or person, other than a bonafide empi6yee 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 b6na~ide employee working s61ely for the Consultant, any fee, commission, percentage, brokerage fee, gifks, or any. other consideration dontingent 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 discretion to deduct from th~ contract price or consideration, or otherwise recover, the full amoun~ of such fee, commission, percentage, brokerage fee, gift, or contingent ~ee. Discrimination Prohibited. The Consultant, with regard to the work performed by it un~r this agreement, will not discriminate on the grounds of race, color, national orig~n, 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- · Assighmen%- The consultant shall not sublet or assign any of the ~ervic~s covered by this agreement without the express written consent of the City. N~n-Walver- Waiver by the city of any provision of this ~greement or any time limitation provided for ~n this agreement shall not constitute & 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, oartner 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 survLving members bf the Consultaqt and the City, if the City so chooses- 15. Disputes. Any dispute arising out of the terms or conditions of this agreement shall be adjudic&te~ ?ithin the courts of Florida. Further, this agreement shall be construed under Florida Law. Venue should be in Palm Beach County, Florida. '' Consul'tant. Agreement Page'4. --16. Notices. Notices to t~e City of sent to the..following address: Bo~nton Beach shall be City of Boynton Beach P.O. Box 310 .. Boynton Beach, FL 33425-0310 Attn: Johnnetta. ~roomfield~ Director, Community Improvement Dept. Notices to ConsultaDt shall be sent to the address ~ J6seph M. Tucker Richard L. Shepherd and Associates, Inc. following P.O. Box 759 3i0 S. Federal Highway Boynton Beach, FL 33425 17. Integrated Aqreement. 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 t~s . day of //~MayOr . . . . 199 Consultant Title Appr 0ve~d~ OTT~ice of the (City Attorney Rev. 1/22/91 (Corporate Seal) Attest/Authenticated: Secretary.- EXHIBIT ~A~ FOR PROPERTY SUR¥~x SERVICl~ SCOPE OF SERVICF. S The Scope of Services to be provided under this agreement are as follows: Provide three (3) sets each of certified vacant lot surveys meeting chapter 21HH-6 of the Florida Administrative Code pursuant to Chapter 472.027 of the Florida Statutes, for the sevenseen lots described as follows: Lots 7 and 8, Block 45, and Lots 27 through 34, Block 42, Rolling Green Ridge Second Addition, as recorded iR Plat Book 26, at Page 214, Palm Beach County Public Records. Lot 5, less the Northerly 46 feet and less the Interstate 95 right-of-way, Block 44, Rolling Green Ridge 1st Addition, as recorded in Plat Book 24, Pages 223 thru 226, Palm Beach Records AND Lots 6 through 8 and 18 through 21, less the Interstate 95 right-of-way on all of the foregoing, Block 44, Rolling Green Ridge 2nd Addition, as recorded in Plat Book 26, Page 214, Palm Beach County, Records. (Further' illustrations provided on the site map a~tached hereto.) The scope of services to be performed on each of the seventeen lots are as follows: Provide a sketch and legal description. Show front and side ties to all existing structures (if applicable). c. Show all observable utilities. Show elevation at crown of road at center of lot, corners, and one interior. e. Provide iron rods with caps at all corners. f. Flag stake all corners. g. Show all easements of records as per the recorded plat. 3. SUPPLEMENTAL CONDITIONS a) The scope of services is predicated on the project being performed in accordance with the applicable codes and permitting requirements in force at the time of the agreement. b) If a question or a claim of alleged error or omission in the Consultant's services, plans or specifications occurs, the City shall notify Consultant within 48 hours of discovery of such. The Consultant will correct such mistake in it's services, plans or specifications, at no cost to the Cityf -- - SURVEY.CON E X H I B.I T. "B" FOE. PROPEKTY SI~v~:~ SERV-ICES The.fee for Property Survey service shall be as follows: $98.00 per survey for the seventeen (17) parcels owned by the City of Boynton Beach. The totalmaxi~dm fee shall not exceed $1,666.00, which shall include all expenses in connection with~this agreemenu.