HomeMy WebLinkAbout2011-195 CD
PROFESSIONAL CIVIL ENGINEERING SERVICES FOR . 5 .
WIDENING THE OSLO ROAD BRIDGE
OVER THE I . R. F. W . C . D LATERAL B CANAL AT 58t " AVENUE
IRC PROJECT NO . 0517
This AGREEMENT , entered into this 6th dayof September 2011 , by and between
INDIAN RIVER COUNTY , a political subdivision of the State of Florida, hereinafter referred to as the COUNTY ,
and
BRIDGE DESIGN ASSOCIATES , INC . , hereinafter referred to as the ENGINEER,
WITNESSETH
The COUNTY and the ENGINEER, in consideration of their mutual covenants , herein agree with respect to the
performance of professional civil engineering and related services by the ENGINEER and the payment for those services by
the COUNTY as set forth below.
The ENGINEER shall provide professional consultant services for Design and Construction Phase Services for the
widening of Oslo Road bridge over the I . R . F . W . C . D Lateral B Canal at 58 `x' Avenue as described in Section
III - Scope of
Services and serve as the COUNTY' S professional representative for the project during the performance of the services
to
be rendered .
SECTION I - PROJECT LIMITS AND DESCRIPTION
Consultant services are required for the design and inspection related services associated with the widening of the
existing Oslo Road bridge over the LR. F . W . C . D Lateral B Canal at 58 `h Avenue in Indian River County, Florida .
The Oslo
Road improvements identified by the COUNTY consist of the following :
The COUNTY desires to construct a four (4 ) lane divided urban roadway with two new mast arm traffic
signals and drainage improvements . The project also includes the widening of the existing bridge over the
I . R. F . W . C . D lateral B Canal to accommodate the proposed lane configuration for Oslo Road .
SECTION II - COUNTY OBLIGATIONS
The COUNTY agrees to provide (in a timely manner) the following material , data , or services as
required in
connection with the work to be performed under this Agreement ; all of which information the ENGINEER may use
and
reasonably rely upon :
A . Provide the ENGINEER with a copy of CADD files consisting of existing location surveys , topographic
surveys , design files , digital terrain models , and any other related documents as required for the
ENGINEER to perform his services .
B . Provide the ENGINEER with all available drawings , right- of-way maps , and other documents in
the
possession of the COUNTY pertinent to the project .
C . The COUNTY shall make provisions for the ENGINEER to enter upon public and private property as
required for the ENGINEER to perform his services .
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SECTION III - SCOPE OF SERVICES
The ENGINEER agrees to perform design and construction services in connection with the project as required and
set forth in the following :
A . General :
1 . After issuance of written authorization to proceed , the ENGINEER shall consult with
the COUNTY to clarify and define the COUNTY' S requirements for the project and
review available data .
2 . The ENGINEER will design the widening of the existing Oslo Road Bridge over the
I . R . F . W . C . D Lateral B Canal at 58 `" Avenue . The widening shall be to the north side
and will accommodate the proposed lane configuration for Oslo Road .
3 . The ENGINEER will prepare permitting applications , calculations , plans and other
supporting documents required to obtain the Agency permits .
4 . The ENGINEER will prepare construction drawings for the widening of the Oslo
Road Bridge over the I . R . F . W . C . D Lateral B Canal .
5 . The ENGINEER will provide Construction Engineering and Inspection Services
during the construction of Oslo Road Bridge over the I . R . F . W . C . D Lateral B Canal and
certify to all permitting agencies that the construction of the bridge widening was
performed in accordance with the approved construction drawings .
6 . The ENGINEER will attend conferences with the COUNTY and its representatives
upon reasonable request .
SECTION IV - COMPENSATION
The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered
pursuant to this
Agreement fees in accordance with the following :
A . Professional Services Fee
The basic compensation mutually agreed upon by the ENGINEER and the COUNTY is as follows , and as
shown on Exhibit l :
TASKS COST
Part 1 Design and Permitting (LUMP SUM) . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . $ 269185
.00
Part 2 Plan Sheets (LUMP SUM) . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . $ 189250 .00
Construction Phase (HOURLY NOT TO EXCEED) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22 , 195. 00
TOTAL 66,630 .00
SECTION V - PARTIAL PAYMENTS
The COUNTY shall make monthly partial payments to the ENGINEER based upon a percent complete actual
effort on hourly components as identified in this Agreement and Exhibit A. Payment shall be made pursuant to the
Florida
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Prompt Payment Act, Florida Statute 218 . 70 et seq .
SECTION Vt - RIGHT OF DECISIONS
All services shall be performed by the ENGINEER to the satisfaction of the Public Works Director who
shall
decide all questions , difficulties , and disputes of whatever nature which may arise under or by reason of this Agreement and
according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof,
and the Director' s decision upon all claims questions and disputes shall be final , conclusive and binding upon
the parties
hereto unless such determination is clearly arbitrary or unreasonable .
The Public Works Director shall review adjustments of compensation and contract time because of any major
changes in the work that might become necessary or be deemed desirable as the work progresses . In the event
that the
ENGINEER does not concur in the judgment of the Public Works Director as to any decisions made by him he shall present
his written objections to the County Administrator; and the Public Works Director and the ENGINEER shall abide by
the
decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable .
SECTION VII - NOTICES
Any notices , reports or other written communications from the ENGINEER to the COUNTY shall be considered
delivered when posted by certified mail or delivered in person to the Public Works Director. Any notices , reports or
other
communications from the COUNTY to the ENGINEER shall be considered delivered when posted by certified mail to the
ENGINEER at the last address left on file with the COUNTY or delivered in person to said ENGINEER or his authorized
representative . In person deliveries shall be evident by signed receipts .
SECTION VIII - TERMINATION
The obligation to provide further services under this Agreement may be terminated by either party upon seven ( 7
)
days written notice in the event of substantial failure by the other party to perform in accordance with
the terms hereof
through no fault of the terminating party . The County may, for public convenience , terminate this contract
at any time
provided 90 days written notice is given to the ENGINEER. In the event of any terminations , the ENGINEER will be paid
for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable
expenses incurred by the ENGINEER as a result of such termination.
SECTION IX - AUDIT RIGHTS
The COUNTY reserves the right to audit the records of the ENGINEER related to this Agreement at any
time
during the prosecution of the work included herein and for a period of one year after final payment is made .
SECTION X - SUBLETTING
The ENGINEER shall not sublet, assign , or transfer any work under this Agreement without the written consent of
the COUNTY . When applicable and upon receipt of such consent in writing , the ENGINEER shall cause the names of the
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engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted
on
the reports or other data .
SECTION XI - WARRANTY
The ENGINEER warrants that he has not employed or retained any company or person other than bona
fide
employee working solely for the ENGINEER or subconsultant to solicit or secure this contract and that he has not
paid or
agreed to pay any company or person other than a bona fide employee working solely for the
ENGINEER any fee ,
commission, percentage fee , gifts or any other considerations , contingent upon or resulting from the award or making of this
contract . For breach violation of this warranty, the COUNTY shall have the right to annul this contract without liability .
SECTION XII - DURATION OF AGREEMENT
This Agreement shall remain in full force and effect for a period of four years after the date of execution hereof
or
until completion of all project phases as specified by the Public Works Director, whichever occurs first , or unless otherwise
terminated by mutual consent of the parties hereto or pursuant to Section XII of this AGREEMENT .
SECTION XIII - INSURANCE AND INDEMNIFICATION
During the performance of the work covered by this AGREEMENT , the ENGINEER shall provide the COUNTY
with evidence that the ENGINEER has obtained and maintains the insurance listed below:
A. ENGINEER shall procure and maintain for the duration of the AGREEMENT , insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the ENGINEER, his agents , representatives , employees , and in
accordance with subclause H , subconsultants . The cost of such insurance shall be included
in the
ENGINEER' S fee .
B . Minimum Scope of Insurance
1 , Worker's Compensation as required by the State of Florida .
2 , General Liability $ 1 , 000 , 000 combined single limit per accident for bodily injury and property
damage . COUNTY shall be an additional insured .
3 . Auto Liability $ 1 , 000 , 000 combined single limit per accident for bodily injury and property
damage for owned and non-owned vehicles .
4 . Professional Liability Insurance providing coverage for negligent acts , errors , or omissions
committed by ENGINEER with a limit of $ 500 , 000 per claim/ annual aggregate . This insurance
shall extend coverage to loss of interest , earning , profit, use and business interruption, cost of
replacement power, and other special , indirect and consequential damages .
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C . ENGINEER' S applicable insurance coverage shall be primary .
D . All above insurance policies shall be placed with insurers with a Best' s rating of no less than A VII .
The
insurer chosen shall also be licensed to do business in Florida .
E . The insurance policies procured, other than professional liability, shall be occurrence forms , not claims
made policies . Professional liability shall be on a claims made basis .
F . The insurance companies chosen shall provide certificates of insurance prior to signing of contracts to the
Indian River County Risk Management Department .
G . The insurance companies selected shall send written verification to the Indian River
County Risk
Management Department that they will provide 30 days written notice to the Indian River
County
Department of Risk Management of its intent to cancel or terminate said policies of insurance .
H . ENGINEER shall either include each subconsultant as insured under its policies or shall furnish separate
certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to
all of the requirements stated herein .
I . Notwithstanding the provisions of s . 725 . 06 , if a design professional provides professional services to or
for a public agency, the agency may require in a professional services contract with the
design
professional that the design professional indemnify and hold harmless the agency, and its officers
and
employees , from liabilities , damages , losses , and costs , including , but not limited to , reasonable attorneys '
fees , to the extent caused by the negligence , recklessness , or intentionally wrongful conduct of the design
professional and other persons employed or utilized by the design professional in the performance of the
contract .
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SECTION XIV - ENTIRETY OF AGREEMENT
This writing embodies the entire AGREEMENT and understanding between the parties hereto , and there are no
other agreements and understandings , oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby.
No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing
and
signed by both parties hereto .
This AGREEMENT , regardless of where executed, shall be governed by and construed according to the laws of
the State of Florida .
IN WITNESS WHEREOF the parties hereto have executed these presents this 6th day of
September r•.•yo���4COM0d I0� .
+.
2 011 . ,
' An :
BRIDGE DESIGN ASSOCIATES , INC . INDIAN RIVER COUNTY, FLORIDA;
1402 Royal Palm Beach Blvd , Building 200 �� '•
Royal Palm Bea h, Florida 33411 •�•9yop'
C�JC��.� , 9.. MpN .N NN •
By . By. •!MC l��. t
ian C . Rheault, P . E . Bob Solari , Chairman
President Board of County Commissioners
WITNESSED BY :
,,((��
L M qA4 p/) Attest :
w
Jeffrey K . Barton, Clerk of Circuit Court
By: rz
y Approved as to Form and Legal Sufficiency Deputy Clerk
Alan S . Polackwich„ Sr. , County Attorney
Jo ' h A . Baird
County Administrator
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BRIDGE DESIGN ASSOCIATES , INC .
C O N S U LT I N G E N G I N E E R S
BRIAN C. RHEAULT, P. E .
President
July 15 , 2011
Indian River County
1801 27th Street , Building A
Vero Beach , Florida 32960
Attention : Chris Kafer, P . E .
Regarding : Olso Road Bridge Widening to the north over the Lateral " B " Canal
Dear Chris .
Pursuant to your request , we have reviewed the information provided to our office
regarding the proposed widening of the existing bridge .
Based on the proposed typical section provided , the existing bridge will be widened
approximately 26 '-0 to the north . The new cross section will accommodate two eastbound
travel lanes , a median , a southbound left turn lane , a westbound thru lane , a northbound
right turn lane , a bicycle path , a future lane and a sidewalk and utility shelf.
Bridge Design Associates , Inc . will provide structural bridge design services including
permitting assistance to the County . In addition , we will include construction phase
services .
It is our understanding Indian River County will provide the roadway design , survey and
also assist in the permitting process with the various agencies and concrete testing .
The attached ExhibitA is an approximate breakdown of design services based on the tasks
outlined . Exhibit B includes our construction phase services .
Exhibit "A" Part 1 / Design & Permitting $ 267185 . 00
Exhibit "A" Part 2 / Plan Sheets $ 18 , 250 . 00
Exhibit " C " Construction Phase $ 22 . 195 . 00
$ 66 , 630 . 00
1402 Royal Palm Beach Boulevard • Building 200 • Royal Palm Beach , Florida 33411
(561 ) 686 -3660 9 Fax : ( 561 ) 791 - 1995
Olso Road Bridge Widening to the north over the Lateral " B " Canal
Page 2
If you have any questions , please give me a call .
Respectfully ,
BRIDG DESIGN ASSOCIATES , INC .
Brian C . Rheault , P . E .
President
BCR : kedS : \2011 -Jobs\Proposa1s\0s10 Rd & 58th\proposal 07- 15- 11 . wpd
BRIDGE DESIGN ASSOCIATES , INC .
OSLO ROAD BRIDGE WIDENINGOVER LATERAL "B" CANAL
July 15, 2011
HOURLY BREAKDOWN OF SERVICES
EXHIBIT "A" PART 1
PROJECT PROJECT ENGINEER CAD TOTAL LABOR
MANAGER ENGINEER INTERN TECHNICIAN HOURS COST
ACTIVITY BY BY
ACTIVITY ACTIVITY
$145.00 $ 115.00 $90.00 $80.00
DESIGN TASKS
Review Soils Data 2.0 20 $230.00
Design Pile Foundation System 20 16. 0 18.0 $13730.00
Design Sheet Pile System 1 .0 4.0 8.0 130 $13325.00
Design End Bents & Wing Walls 2.0 4.0 &0 14.0 $13470.00
Design Intermediate Bents 2.0 4.0 8. 0 14.0 $1 ,470.00
Design Deck Slabs 4 Types 2.0 16. 0 32. 0 50. 0 $5,010.00
Design median 2. 0 4. 0 8.0 14. 0 $1 ,470. 00
Design Sidewalk 2. 0 4. 0 8. 0 14. 0 $ 1 ,470. 00
Design Closure Pours 2.0 4. 0 8. D 14. 0 $ 1 ,470. D0
Design Transverse Post-Tensioning 2.0 4. 0 &0 14.0 $11470.00
Design Approach Slab Connections 2.0 4. 0 8. 0 140 $1 ,470.00
PREPARE PERMIT APPLICATIONS & MEETINGS 0. 0 $0.00
Indian River Farms Water Control District 4. 0 8.0 4. 0 16.0 $13500. 00
Army Corps of Engineers 4. 0 80 4 .0 16.0 $1 ,500. 00
St. John's Water Control District 4. 0 8. 0 4. 0 16.0 $17500. 00
0.0 $0.00
Meetings & Coordination with Indian River County 8.0 80 $11160.00
Load Ratin2 of Bride 4. 0 8. 0 4. 0 1 .0 17.0 $1 ,940.00
0.0 $0. 00
TOTAL MANHOURS 310 70. 0 140.0 13. 0 254. 0
DIRECT LABOR COST $41495.00 $81050.00 $12,600.00 $1 , 040. 00 $261185.00
$26, 165.00
S\2011 -Jobs\Proposals\Oslo Rd & 58th\proposal design 07-15-11
BRIDGE DESIGN ASSOCIATES , INC .
OSLO ROAD BRIDGE WIDENINGOVER LATERAL "B" CANAL
July 15, 2011
HOURLY BREAKDOWN OF SERVICES
EXHIBIT "A" PART 2
PROJECT PROJECT ENGINEER CAD TOTAL LABOR
MANAGER ENGINEER INTERN TECHNICIAN HOURS COST
ACTIVITY BY BY
ACTIVITY ACTIVITY
$145.00 $115.01) $90 DO $80. 00
WSSoilrBloringg
LAN SHEETS
& Index of Plans 2. 0 2.0 $160.00
Quantities & T ical Section 4. 1) 16 0 4 . 0 24.0 $2,220. 00
s 4.1) 21) 6.0 $620.00
ard Sheets 2.0 6. 0 8. 0 $710. 00
heets 2.0 2 . 0 4. 0 $390. 00
6 Bridge Plan Elevation Sheet 2.0 8.0 10.0 $870.00
7 Bridge Foundation Sheet 2. 0 8.0 10.0 $870.00
8 Pile Data Table Sheet 2.O 8. 0 10.0 $870.00
9 End Bent # 1 Plan / Elevation Modifications 20 &0 10.0 $870.00
10 End Bent #2 Plan / Elevation Modifications 2. 0 8 .0 10.0 $870.00
11 End Bent Win Wall Details 2.0 8. 0 10. 0 $870. 00
12 End Bent Details 2. 0 &0 10. 0 $870.00
13 Interior Bent Plan / Elevation Modification 2.0 8. 0 10. 0 $870. 00
14 Interior Bent Details 2.0 8. 0 10.0 $870.00
15 Finish Grade Elevations 2.0 &0 10.0 $870.00
16 Prestressed Slab Layout 2. 0 8.0 10.0 $870.00
17 Prestressed Slab Details Type A, Type B 2.0 8.0 10.0 $870.00
18 Prestressed Slab Details Type C , Typ2 D 2. 0 & 0 1 &0 $870.00
19 Miscellaneous Details 2,0 8.0 10.0 $87000
20 Phasing Details 2.0 4.0 6. 0 $550. 00
21 Reinforcing Steel Details 2. 0 4. 0 6.0 $550. DD
22 Approach Slab & Guardrail Attachments 2. 0 &0 10. 0 $870. 00
0. 0 $0. 00
TOTAL MANHOURS 0.0 46 . 0 16.0 144.0 206.0
DIRECT LABOR COST $O. DO $51290.00 $1 ,440.01) $11 ,520. 00L__] $18,250. 00
$18,250. 00
S:12011 -Jobs\Proposals1Oslo Rd & 58th1proposal design 07-15-11
BRIDGE DESIGN ASSOCIATES , INC .
OSLO ROAD BRIDGE WIDENING OVER LATERAL " B" CANAL
CONSTRUCTION PHASE SERVICES
July 15 , 2011
HOURLY BREAKDOWN OF SERVICES
EXHIBIT "B"
PROJECT PROJECT FIELD REP CAD TOTAL LABOR
MANAGER ENGINEER E,I, TECHNICIAN HOURS COST
ACTIVITY BY BY
ACTIVITY ACTIVITY
$145.00 $115.00 $60.00 $80 00
Pre Construction Meeting 5.0 5.0 10. 0 $ 11025. 00
Shop Drawing Reviews ! concrete mix, test pile
re-cast components 20 16. 0 16.0 34. 0 $3,090. 00
Pile Casting I Sheet Piles 40. 0 40. 0 $23400.00
Pile Driving 40. 0 40.0 $2, 400.00
Pile Cas 160 16 . 0 $960. D0
Prestressed Placement I Closure Pour 6.0 60 $360. 00
Post Tensioning 2.0 2.0 8. 0 12.0 $ 1 ,000. 00
Sidewalk 8.0 8. 0 $480. 00
Barriers 8.0 8.0 $480. 00
Approach Slab 12.0 12. 0 $720. 00
Approach Slabs sidewalks 16.0 16.0 $960. 00
Approach Slab barriers 24 .0 24 .0 $11440.00
Revetment 8.0 8. D $480. 00
Final Inspection 4. 0 4.0 8.0 $820.00
Final Report & Certification 4. 0 4.0 1 $580.00
0. 0 $0. 00
0.0 $0. 00
TOTAL MANHOURS F 17.0 18.0 211 . 0 0.0 246. 0
DIRECT LABOR COST $21465. OD $2,070.00 $ 12,660. 00 $0. 00 $17, 195. 00
NOTe: Concrete testing is not included ENGINEERING FEEES $ 17, 195 . 00
GIRL TEST PILE $5#000, 00
TOTAL FEES $22, 195.00
S\2011 -Jobs\Proposals\Oslo Rd & 58th\proposal Exhibit B
904C45Z/
Gtlfi /
CIN HALL • 201 WEST PALMETTO PARK ROAD • BOCA RATON , FLORIDA 33432-3795 • PHONE : (561 ) 393-
( FOR HEARING IMPAIRED ) TDD : ( 561 ) 367-7046
SUNCOM : ( 561 ) 922 -7700
0 n � •
January 31 2011
In
Mr. Brian C . Renault, P .E .
Bridge Design Associates, Inc.
1402 Royal Palm Beach Blvd. , Bldg 200
Royal Palm Beach, FL 33411
SUBJECT : RFP No. 2001 -044 , Engineering Services, Civil/Small
R14CAOLr
Dear Mr. fit :
Your contract referenced above approved by Resolution No. 203 -2001 was for a five (5 )
year term, with an option to renew for five (5) additional one ( 1 ) year renewal periods .
At this time, we are hereby offering your firm the option to renew for the fifth year of the
five (5 ) year renewal period . If you concur, please sign below and return a hard copy and
fax to (561 ) 416-3418 .
If you have any questions, please call me at (561 ) 416-3402 .
Sincerel ,
i
,Lon Pue -
Chief of Design
AJP/tc
Cc : Robert J . DiChristopher, P . E. , Director, Municipal Services
Maurice Morel, P .E. , City Civil Engineer
Lynn Kunkel, Purchasing Manager
Firm Name/Signature
BRIDGE DESIGN ASSOCIATES , INC.
ZAAr
Signature Date
Brian C . Rue na�rYt, P .E.
/zHel 'AT
EngtrenewalcontracthridgedesignassociatesBrianRenaultfifthyear 1312011
BRIUGE DESIGN ASSOCIATES , INC .
CONSULTING ENGINEERS
BRIAN C. RHEAULT, P.E.
President
November 17 , 2006
City of Boca Raton
201 W . Palmetto Park Road
Boca Raton , Florida 33432
ATTENTION : Jeff Borick
REGARDING : Renewal of Annual Agreement
Structural Engineering Services
Dear Mr. Borick :
This letter services as our official notification of interest in continuing our Agreement with The
City of Boca Raton , Florida professional services as specified in the above reference .
We are in agreement that all provisions in the original Agreement remain in full force and effect .
We have attached a new hourly rate schedule which is identical to our Palm Beach County
Annual Agreement set to be renewed in December, 2006 .
If you need further information , please give me a call .
Sincerely ,
Bridge Design Associates , Inc .
/4��
Brian C . Rheault , P . E .
President
S :\PERSONNEL\Kim\November 2006\ 3oca Renewal .wpd
2035 Vista Parkway, Suite 200 • West Palm Beach, Florida 33411
(561 ) 686-3660 • Fax : (561 ) 686-8664
CITY OF BOCA RATON ANNUAL STRUCTURAL CONTRACT
Task Order Basis - Fee Schedule
FIRM : BRIDGE DESIGN ASSOCIATES , INC .
2035 Vista Parkway , Suite 200 email : bridgebbd (a7aol . com
West Palm Beach , Florida 33411 Phone : ( 561 ) 686-3660 Fax : ( 561 ) 686- 3664
Contact : Brian C . Rheault
Fee Schedule
Firm Name : BRIDGE DESIGN ASSOCIATES , INC .
Raw Rate Burdened Rate Multiplier
Principal 45 . 00 130 . 50 Salary 1 . 00
Project Manager ( Sr. P . E . ) 45 . 00 130 . 50 Overhead & Fringe 1 . 59
Project Engineer ( P . E . ) 38 . 00 110 . 20 Subtotal 2 . 59
Field Representative ( E . I . ) 21 . 50 62 . 35 12 % Profit 0 . 31
CADD/Draftsman 31 . 00 89 . 90 TOTAL 2 . 90
S : \PERSONNEL\Kim\November 2006\ Boca Rate Schedulempd
L
AGREEMENT FOR PROFESSIONAL SERVICES
Bridge Design Associates , Inc .
RFP NO. 2001-044
AGREEMENT NO . 1
THIS AGREEMENT made and entered into this / $4 day of ✓ tlyel)ll 2001 , by and
between the City of Boca Raton, a municipal corporation of the State of Florida, hereinafter referred to as CITY,
and Bridge Design Associates, Inc., hereinafter referred to as CONSULTANT :
WHEREAS, the CITY intends to enter into a non-exclusive agreement for the provision of professional Structural
Engineering (Bridges) and Construction Services by the CONSULTANT to the CITY : and,
WHEREAS, the CITY requires certain said professional services in connection with the City's facilities;
WHEREAS, the CONSULTANT represents that it is capable and prepared to provide such Services :
WHEREAS, the parties hereto also desire that this Agreement shall be construed to authorize the CITY to request
and the CONSULTANT to provide expert witness services in connection with court proceedings arising out of
projects in which the CONSULTANT provided engineering services;
NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows :
ARTICLE 1 - EFFECTIVE DATE
The effective date of this Agreement shall be 10 days after approval by the City Council for a five year term
with
the option to renew for five (5) additional one year periods, subject to cancellation as provided herein.
ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT
The CONSULTANT shall perform the services as specifically stated in the Scope of Work and
as may be
specifically designated and additionally authorized by the CITY through the issuance of a work order . Such
additional authorizations will be in the form of a Work Order . Each Work Order will set forth a specific Scope of
Services, amount of compensation deliverables and completion date and shall be subject to the approval of the
City Council in accordance with the CITY' s Procurement Code . Consultant shall perform no work until any
applicable work authorization is obtained in accordance with the CITY' s Procurement Code and countersigned
by the Consultant.
ARTICLE 3 - COMPENSATION
The CITY shall pay CONSULTANT in accordance with Attachments A and B, which are attached hereto and
incorporated by reference as part of this Agreement.
ARTICLE 4 - STANDARD OF CARE
CONSULTANT shall exercise the same degree of care, skill, and diligence in the performance of the Services as is
ordinarily provided by a professional under similar circumstances and CONSULTANT shall, at no additional
cost to the CITY, re-perform services which fail to satisfy the foregoing standard of care .
ARTICLE 5 - INDEMNIFICATION
Consultant shall indemnify and hold harmless the City of Boca Raton, its officers, and employees from liabilities,
damages, losses and costs, including, but not limited to reasonable attorney' s fees, to the extent caused
by the
negligence, recklessness or intentional wrongful misconduct of Consultant and persons employed or utilized by
Consultant in the performance of this agreement. Except as specifically provided herein, this agreement shall not
1 of 11
require the Consultant to in (:' nify the City of Boca Raton, its officers, A employees from
any liability,
damage, loss, claim, action, or proceeding.
Any costs and expenses, including attorney' s fees, appellate, bankruptcy or defense counsel fees incurred by the
City of Boca Raton to enforce this Indemnification Clause shall be borne by the Consultant. This Indemnification
Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this
agreement.
ARTICLE 6 - INDEPENDENT CONTRACTOR
CONSULTANT undertakes performance of the Services as an independent contractor and shall be wholly
responsible for the methods of performance . The CITY shall have no right to supervise the methods used, but the
CITY shall have the right to observe such performance . CONSULTANT shall work closely with the CITY in
performing Services under this Agreement. The CONSULTANT shall not receive any City benefits, stipend or
privileges afforded by City employees .
ARTICLE 7 - COMPLIANCE WITH LAWS
In performance of the Services, CONSULTANT will comply with applicable regulatory and other applicable
requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards .
ARTICLE 8 - INSURANCE
During the performance of the Services under this Agreement, CONSULTANT shall maintain the following
insurance polices, and provide originals or certified copies of all policies, and such coverages shall be written by
an insurance company authorized to do business in Florida .
WORKER ' S COMPENSATION
The CONSULTANT shall procure and maintain, for the life of this Contract/ Agreement, Worker ' s
Compensation Insurance covering all employees with limits meeting all applicable state and federal laws .
This coverage shall include Employer ' s Liability with limits meeting all applicable state and federal laws . This
coverage shall extend to any subcontractor that does not have their own Workers ' Compensation
and
Employer 's Liability Insurance . Thirty (30) days notice of cancellation is required and must be provided to the
City of Boca Raton via Certified Mail.
COMMERCIAL GENERAL LIABILITY
The CONSULTANT shall procure and maintain, for the life of this Contract/ Agreement, Commercial General
Liability Insurance. This coverage shall be on an " Occurrence " basis . Coverage shall include Premises and
Operations; Independent Contractors ' Products and Completed Operations and Contractual Liability . This
policy shall provide coverage for death, personal injury or property damage that could arise directly
or
indirectly from the performance of this Agreement .
The Minimum Limits of Coverage shall be $ 1 ,000, 000 per occurrence, Combined Single Limit for Bodily Injury
Liability and Property Damage Liability with a $10,000 deductible .
The City of Boca Raton must be named as an additional insured . The additional insured requirement
is
waived if Owners and Consultants ' Protective Coverage is also provided, or required . Thirty (30) days written
notice must be provided to the City of Boca Raton via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The Consultant shall procure and maintain, for the life of the Contract/ Agreement, Business Automobile
Liability Insurance .
The minimum limits of coverage shall be $500, 000 per occurrence, Combined Single Limit for Bodily Injury
Liability and Property Damage Liability . This coverage shall be an " Any Auto " or " Comprehensive Form" type
policy .
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In the event that the Consult, does not own any vehicles, we will acceF red and non-owned coverage in
the amounts listed above . In addition, we will require an affidavit signed by the Consultant indicating
the
following :
does not own any vehicles .
" Consultant"
In the event we acquire any vehicles throughout the term of his Contract/ Agreement,
agrees to purchase " Any Auto " or
" Consultant"
Comprehensive Form coverage as of the date of acquisition .
Consultant' s Signature : 777
Thirty (30) days written notice must be provided to the City of Boca Raton via Certified Mail in the event
of
cancellation .
PROFESSIONAL LIABILITY INSURANCE
The Consultant shall procure and maintain Professional Liability Insurance for the life of this
Contract/ Agreement, plus two (2) years after completion. This insurance shall provide coverage against such
liability resulting from this Contract/ Project. The minimum limits of coverage shall be $500, 000 with a deductible
not to exceed $10, 000 . The deductible will be the responsibility of the insured . Professional Liability policies shall
include an endorsement whereby the proposer's engineer, architect, or other professional indemnifies and holds
harmless the City of Boca Raton and each officer, agent and employee of the City of Boca Raton against all claims,
against any of them, for personal injury or wrongful death or property damage arising out of
the negligent
performance of professional services or caused by an error, omission or negligent act of the proposer 's engineer,
architect or other professional or anyone employed by the proposer 's engineer, architect or other professional .
Thirty (30) days written notice must be provided to the City of Boca Raton via Certified Mail in the
event of
cancellation .
SUPPLEMENTAL PROVISIONS
1 . The insurance coverage and conditions afforded by this policy(s) shall not be suspended, voided, canceled or
modified, except after thirty (30) days prior written notice by Certified Mail, Return Receipt Requested, has been
given to the City of Boca Raton' s department that originated this contract.
2 . Certificates of Insurance meeting the specific required provision specified within this Contract/ Agreement
shall be forwarded to the City of Boca Raton Department that originated the contract, and approved prior to the
start of any work or the possession of any city property or the commencement of services, as application .
ARTICLE 9 - CITY' S RESPONSIBILITIES
The CITY shall be responsible for all providing reasonably required access to all project sites, and
providing
information on hand including any existing construction documents, and other data that are available in the files
of the CITY .
ARTICLE 10 - TERMINATION OF AGREEMENT
The obligation to continue services under this Agreement may be terminated for cause by either party upon seven
( 7) days written notice of substantial failure by the other party to perform in accordance with the terms hereof
through no fault of the terminating party .
City shall have the right to terminate this Agreement or suspend performance thereof without cause for the City' s
convenience upon fourteen (14) days written notice to Consultant, and Consultant shall terminate or suspend
performance of services on a schedule acceptable to City or at the end of this fourteen (14) day period,
at the
option of the City . In the event of termination or suspension for City' s convenience, City shall pay Consultant for
all services performed through the date of notice of termination or suspension.
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ARTICLE 11 - NONDISCLOSURE OF PROPRIETARY INFORMATION
CONSULTANT shall consider all information provided by CITY and all reports, studies, calculations, and other
documentation resulting from the CONSULTANT 's performance of the Services to be proprietary unless such
information is available from public sources or is a public record under Florida law . CONSULTANT shall not
publish or disclose proprietary information for any purpose other than the performance of the Services without
the prior written authorization of CITY or in response to legal process .
ARTICLE 12 - UNCONTROLLABLE FORCES
Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure
of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence,
the non-performing party could not avoid . The term "Uncontrollable Forces " shall mean any event which results
in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond
the reasonable control of the non-performing party . It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, Acts of God and governmental actions .
Neither party shall, however, be excused from performance if nonperformance is due to forces which
are
preventable, removable, or remediable and which the non-performing party could have, with the exercise of
reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party
shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
ARTICLE 13 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida . Any and all legal action
necessary to
enforce the Agreement will be held in Palm Beach County and the Agreement will be interpreted according to the
laws of Florida .
ARTICLE 14 - MISCELLANEOUS
14.1 Nonwaiver
A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the
waiving party unless such waiver is in writing and duly signed by both parties to this agreement. In the event of
a written waiver, such a waiver shall not affect the waiving party 's rights with respect to any other or
further
breach . The making or acceptance of a payment by either party with knowledge of the existence of a default or
breach shall not operate or be construed to operate as a waiver of any subsequent default or breach .
14. 2 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 or voidable, shall in no way affect the validity
or
enforceability of any other portion or provision of the Agreement. Any void or voidable 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.
The provisions of this section shall not prevent the entire Agreement from being held void should a provision
which is of the essence of the Agreement be determined to be void by a court of competent jurisdiction .
14.3 Political Campaigns
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During the term of this Agree, .t, the CONSULTANT or any employee or )ciate, shall not be involved in any
political campaign for the City of Boca Raton elective office nor make financial contributions
to any such
campaign.
ARTICLE 15 - INTEGRATION AND MODIFICATION
This Agreement is adopted by the CITY and CONSULTANT as a final, complete and exclusive statement of the
terms of the Agreement between the CITY and CONSULTANT. This Agreement supersedes all prior
agreements, contracts, proposals, representations, negotiations, letters or other communications between the CITY
and CONSULTANT pertaining to the Services, whether written or oral.
The Agreement may not be modified unless such modifications are evidenced by an amendment in writing
signed by both the CITY and CONSULTANT .
ARTICLE 16 - SUCCESSORS AND ASSIGNS
The CITY and CONSULTANT each binds itself and its director, officers, partners, successors, executors,
administrators, assigns and legal representatives to the other party to this Agreement and to
the partners,
successors, executors, administrators, assigns, and legal representatives . Any assignment, sale, pledge
or
conveyance of this contract by Consultant must be previously approved by the City, whose consent may
be
reasonably withheld .
ARTICLE 17 - CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working
solely for the CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon
or resulting from the award or making of this Agreement.
ARTICLE 18 - TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate
certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are
accurate, complete and current as of the date of the Agreement and no higher than
those charged the
CONSULTANTS most favored customer for the same or substantially similar service .
The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates
ad costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate
representations of fees paid to outside CONSULTANTS. The CITY shall exercise its rights under this " Certificate"
within one (1 ) year following payment.
ARTICLE 19 - OWNERSHIP OF DOCUMENTS
CONSULTANT shall be required to work in harmony with other consultants relative to providing information
requested in a timely manner and in the specified form . Any and all documents, records,
disks, original
drawings, or other information shall become the property of the CITY upon completion for
it's use and
distribution as may be deemed appropriate by the CITY .
ARTICLE 20 - NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall be in writing
and
delivered in person or sent by certified mail, postage prepaid as follows :
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As to CITY
City of Boca Raton
Municipal Services
2500 N.W . 1st Avenue
Boca Raton, Florida 33431
Attention: Robert J. DiChristopher, P. E ., Director, Engineering Services
As to CONSULTANT :
Bridge Design Associates, Inc .
P . O . Box 210173
West Pahn Beach, Florida, 33421 -0173
Phone No . (561 ) 753-0816
Facsimile (561 ) 753-0816
Attention: Brian C. Rheault, P. E ., President
Notices shall be effective when received at the address specified above . Changes in the respective addresses to
which such notice may be directed may be made from time to time by any party by written notice to the
other
party . Facsimile is acceptable notice effective when received, however, facsimiles received (i.e . ; printed) after 5 : 00
p . m . or on weekends or holidays, will be deemed received on the next business day. The original of the notice
must additionally be mailed as required herein .
Nothing contained in this Article shall be construed to restrict the transmission of routine communications
between representatives of CONSULTANT and CITY.
ARTICLE 21 - PROJECT TEAM
The Project Team shall consist of
Brian C . Rheault, P . E .
Denise L . Burton , P . E .
Jason C . Hukanch , P . E .
Mark E . Ritayik
Craig A . Burkhardt
Project Team members may be changed only with the prior written approval of the City .
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S
IN WITNESS WHEREOF, the City of Boca Raton, at a regular meeting thereof, by action of the City Council and
directing the foregoing be adopted , has caused these presents to be signed by the Mayor, and
it's seal to be
hereunto affixed, and Bridge Design Associates, Inc has executed this contract all as of the day and year first
above written .
CITY OF BOCA RATON
Witness :
leB .
j Steven L. Abrams
Mayor
Approved as to Form and Legal Sufficiency :
By : /toot
ty A66rney
CONSULTANT
Attest:
By:
Corporate Secretary Signatur
(Affirm Corporate Seal) (Seal)
V1itness : Name : Brian C . Rheault
�� 1L �� At, � � Title: President
President (or other duly Authorized Officer) (Attach
Resolution/Bylaw of authorization if not President)
I .
Approved by City Council on P 4 . f� 2001 , Item 4t
4
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AGREEMENT FOR PROFESSIONAL SERVICES
Bridge Design Associates , Inc .
RFP NO. 20014M
AGREEMENT NO . 1
ATTACHMENT A
DEFINITIONS - (Attachments A and B)
Not to exceed is a fixed dollar amount (more commonly referred to as an upset limit), inclusive of all charges, set
forth in each approved work order for the services to be provided by the CONSULTANT.
Direct labor cost is the actual cost of labor paid to employees without fringe benefits, which shall not exceed the
direct labor rates for employees assigned to the project, in accordance with the direct labor
rates schedule
included in each Work Order.
Multiplier shall be applied to direct labor cost as a factor which compensates the CONSULTANT for fringe
benefits, overhead, plus reasonable margin for contingencies, interest on invested capital, readiness to serve, and
profit. The CITY may, in its sole discretion, consider an adjustment in the multiplier provided written notice,
including detailed documentation substantiating the increase, is submitted to the Municipal Services,
Engineering Director no later than sixty (60) days prior to the anniversary date of the signing of this Agreement.
The CITY reserves the right to audit any financial and/ or time records of the CONSULTANT at any time up to
two (2) years after the termination or expiration of this Agreement.
Lump Sum is the sum total of estimated services, costs for salaries, overhead and non-salary
expenses, an
allowance for contingencies, interest in invested capital, readiness to serve, and a reasonable amount for profit.
SCOPE OF WORK
The Consultant shall submit to the CITY, upon its request, a detailed proposal work order for approval for
all
major projects . Each proposed work order will set forth a specific scope of services, a Not-to-exceed price, Gannt
Chart schedule, and any other information requested by the CITY . Each proposed work order shall be approved
as a work order by resolution of the City Council prior to commencement of the work, unless the total cost of the
work order is below the purchasing threshold set by the City Charter and/ or the City Codes .
Unless otherwise stipulated, the Not-to-exceed price submitted by the CONSULTANT to the CITY, for each
Major Project, shall include compensation for Preliminary Design, Final Design, and General Observation of
Construction Services . Detailed Observation of Construction Services will be provided by the CONSULTANT
only at the written direction of the CITY.
The CITY has the option to request from the CONSULTANT a Lump Sum amount for those basic design services
where the scope and complexity of the assignment are clearly and fully defined . In such a case, the Not-to-exceed
amount so determined shall be used as a guide for establishing the Lump Sum.
General Description of Services
The following is a general description of services that may be requested of the CONSULTANT:
Structural Engineering and Construction Services
Desi
• Feasibility Studies
• Opinions of probable construction costs
• Design Reports
• Replacements Bridges
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• Culvert Crossing
• Construction plans, specification and contract documents
• Pedestrian Bridge Design
• Highway Bridge Design
• Project Planning
• Value engineering
• Preparation of construction drawings, specification & contract documents
• Bid evaluations and recommendations
• Project Management
• Engineering contract administration
• Construction Management
Inspection and Testing
• Routine
• Underwater
• Fracture Critical
• Nondestructive Testing
• Scour Evaluation
• Site Investigations
• Bridge Rehabilitation reports
• Bridge inspections and reports (above and below water lines)
• Seawall inspections and reports (above and below water lines)
• Construction engineering & Inspections
• Load ratings
• Condition assessments
• Deck surveys
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. REEMENT FOR PROFESSIONAL SEI .SES
Bridge Design Associates , Inc .
RFP NO, 2001-044
AGREEMENT NO . 1
ATTACHMENT B
COMPENSATION FOR SERVICES
The CITY shall pay to the CONSULTANT for providing and performing the Professional Structural Engineering
(Bridges) and Construction Services set forth in each approved work order, as follows :
The basis for the compensation shall be direct labor cost times a Multiplier of 2. . 84. Reimbursement for sub-
consultants will be billed at cost times 1 .05 . All non-project related clerical and CADD costs are considered to be
included in the overhead . In addition to compensation for labor, the City agrees to reimburse the CONSULTANT
for expenses as follows :
A percentage of 5% the total billable labor fee shall be added to the monthly billing to compensate
for the
CONSULTANT in full for all internal direct expenses for the project which include, but are not limited to, for
example, in-house duplicating, facsimile, telephone, check prints, and postage . In addition, the following
expenses shall be reimbursed at the following rates :
Reproduction & Printing: Unit Cost
Report copies 8 . 5 " x11 " $0 . 10
Report copies 11 " x17" $0 .15
Card Stock Covers and GBC Bindings $1 . 57
Foam core Board 30 " x40" $14. 00
Blue Prints $0. 15 / SF
Black & White Plots on Bond 24" 06" $1 . 50
Color Copies 8 .5 " x11 " on Bond $0 . 79
Color Copies 11 " x17" on Bond $1 . 10
Miscellaneous :
Film & Development: 36 exp 35mm 200 $12. 00
Plot to Print 11 " x17" on Bond $0. 50
Plot to Print 24" x36 " on Bond $1 .50
Mileage $0 . 345
Over Night Mailings Actual Charges
Notwithstanding the foregoing, the compensation paid by the CITY to the CONSULTANT for labor and expenses
shall not exceed the Not-to-exceed price set forth in the approved Work Order .
FREQUENCY OF BILLING
Invoicing shall be submitted to the CITY on a monthly basis for the work performed during that billing period .
SUPPLEMENTAL RECORDS
The CONSULTANT must maintain adequately detailed time records for all principals, partners, and employees
who devote time to the work, and any part of whose salaries is included in Direct labor cost. Time sheets,
if
requested by the CITY, are to be provided upon presentation of each invoice . Receipts and other documents, if
requested by the CITY, shall be provided to substantiate all expenditures .
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AGREEMENT FOR PROFESSIONAL SERVICES
Bridge Design Associates , Inc .
RFP NO. 2001-044
AGREEMENT NO . 1
ATTACHMENT B
Continued
DIRECT LABOR RATES FOR CONSULTANT'S EMPLOYEES ON PROJECT TEAM
Job Classification Hourly Rate
Principal $45 . 00
Senior Professional $42 . 19
Engineer $ 34 . 62
CADD Operator $ 27 . 00
Construction Inspectors $ 18 . 75
Secretary $ 13 . 00
E N D O F D O C U M E N T
11 of 11
1 RESOLUTION NO . 203 - 2001
2
3 A RESOLUTION OF THE CITY OF BOCA RATON
4 AUTHORIZING THE MAYOR AND CITY CLERK TO
5 EXECUTE AN AGREEMENT WITH BRIDGE DESIGN
6 ASSOCIATES , INC . , FOR THE PURPOSE OF PROVIDING
7 STRUCTURAL ENGINEERING SERVICES ; PROVIDING
8 FOR SEVERABILITY ; PROVIDING FOR REPEALER;
9 PROVIDING AN EFFECTIVE DATE
10
11 WHEREAS , the City of Boca Raton desires to enter into an agreement with Bridge
12 Design Associates , Inc . , for the purpose of providing structural engineering services ; and
13 WHEREAS , such agreement has been prepared and a copy thereof is attached
14 hereto ; now therefore
15
16 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA
17 RATON :
18
19 Section 1 . That the Mayor and City Clerk be authorized to execute the agreement
20 with Bridge Design Associates , Inc . , a copy of which is attached hereto .
21 Section 2 . If any section , subsection , clause or provision of this resolution is held
22 invalid , the remainder shall not be affected by such invalidity .
23 Section 3 . All resolutions or parts of resolutions in conflict herewith shall be and
24 hereby are repealed .
25 Section 4 . This resolution shall take effect 10 days after adoption .
26
1
1 PASSED AND ADOPTED by the City Council of the City of Boca Raton this
2 day of UV , 2001 .
3
4 CITY OF BOCA RATON , FLORIDA
5
6 ATTEST :
7
8
9 Steven L . Abrams , Mayor
10 d4A4�zi
11 harma Carannante , City Clerk
12
13
14 RO 646
15
16
. . . . . . . . . . . . . . . . . . . . . . . . . .
coUs 1> : tT£ ' E. . :
$ +� Sitit�lrpw
. :
MAYOR STEVEN L. ABRAMS
DEPUTY MAYOR CAROL G . HANSON
COUNCIL MEMBER DAVE FREUDENBERG
COUNCIL MEMBER BILL GLASS
COUNCIL MEMBER SUSAN HAYNIE
17
18
2