R95-132RESOLUTION NO. R95-/~
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
SERVICE AGREEMENT WITH WALLACE ROBERTS
AND TODD, INC. , FOR FINAL DESIGN,
ENGINEERING AND CONSTRUCTION
ADMINISTRATION SERVICES TO COMPLETE THE
PROJECT DESIGNATED BOYNTON BEACH TENNIS
C ENTER EXPANS I ON; AND PROVIDED AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida upon recommendation of staff, has determined
that it is in the best interests of the residents and citizens
of the City to enter into a consultant agreement with Wallace
Roberts and Todd, Inc., for final design, engineering and
construction administration services to complete the project
designated Boynton Beach Tennis Center Expansion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
~_~ The Mayor and City Clerk are hereby
authorized and directed to execute a Consultant Agreement
between the City of Boynton Beach and Wallace Roberts and
Todd, Inc., providing for final design, engineering and
construction administration services to complete development
of the project designated Boynton Beach Tennis Center
Expansion, which Agreement is attached hereto as Exhibit "A"
~ That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this ~ day of September, 1995.
ATTEST.
City Clerk - -~-- --
C¢~MO~~.~~LORI DA
Vice Mayor
M~ayor Pro
~ ommissi~er
(Corporate Seal)
BBTeln/isCtrEx~.
Wallace Roberts&Todd, Inc.,
8/24/95
CONSULTANT SERVICES
THIS AGREF34EN,T is entered into between the City of Boynton Beach, hereinafter referred to as "the
City", and '~°,d"""~,-t? ~,N~e~X:, & Tc, dd Lv~c., hereinafter referred to as "the Consultant", in consideration of
mutual benefits, terms, and conditions hereinafter specified.
Project Designation. The Consultant is retained by the City to perform professional services
in connection with the project designated Boynton Beach Tennis Center Expansion.
Scope of Service. Consultant agrees to perform the services identified on Exh~it "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
o
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 180 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
Payment. The Consultant shall be paid by the City for complete work and for services
rendered under this agreement as follows:
ao
Payment for the work provided by the Consultant shall be made in accordance with
Exhibit '~'B" attached hereto.
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.
Co
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.
do
Payment as provided in this section shall be full compensation for work performed,
services rendered, 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 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.
In the event the project is terminated by the City under paragraph 14, Consultant shall
be paid for all work performed to the date of termination.
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 ofthe City whether the project for which they are made is executed or not. Such work
products shall not be modified or altered by the City or anyone else for any use other than their
intended purpose. The Consultant shall be permitted to retain copies, including reproducible copies,
or drawings and specifications for information, reference and use/n connection with Consultant's
endeavors.
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 regulation that are
applicable to the services to be rendered upon this agreement.
Indemnification. Consultant shall indemnify, defend and hold harmless the City, its officers 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, or
error and omission of the Consultant.
o
Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 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.
o
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 wan'ants he has not employed or retained any
company or person, other than a bona fide employee working solely for the consultant, to solidify 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 brokerage fee, gifts, or any other consideration contingent upon breach
or violation of this warranty, the City shall have the right to annul this contract without liability or,
11.
12.
13.
14.
15.
16.
in its discretion to deduct from the contract price or consideration, 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 right to terminate this agreement any time by giving ten (10) days
written notice to the Consultant.
bo
In the event of a death of a member, partner or officer, the Consultant, or any of its
supervisory personnel assigned to the project, the summg members of the Consultant.hereby
agrees 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 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.
Notices. Notices to the City of Boynton Beach shall be scm to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attn: Charles Frederick, Recreation & Park Director
Bill DeBeck, Project Manager
Notices to Consultant shall be sent to the following address:
Wallace Roberts & Todd
191 Giralda Avenue, Penthouse
Coral Gables, FL 33 I34
John E. Femsler, Partner-in-charge
Gerry Marston, Manager
17.
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 agreements written or oral. This agreement may be amended only by written
inslxument signed b~=both City and Consultant.
DATE this
day of _~~//-'~ , 1995
CITY OF BOYNTON BEACH
Mayor
Attest/Authenticated:
Cit~fClerk
(Corporate Seal)
O~omey
EXHIBIT A
BOYNTON BEACH TENNIS CENTER EXPANSION
1.0 ARTICLE 1 - SCOPE OF ARCHITECTS BASIC SERVICES
1.1.1 DEFINITION
1.1.2
The Architects Basic Services consist of those described m paragraphs 1.2 through 1.6.19 as
part of Basic Services, and include architectural, structural, civil, electrical, mechanical, and
landscape architectural services.
1.2 SCHEMATIC DESIGN
1.2.1 The Consultant shall meet with the City to establish program elements for schematic design
including material and equipment options and construction bid alternates if any.
1.2.2
The Consultant ~ prepare for approval by the City, schematic design document consisting
of drawings and other docments to fix and descr?oe the size and character of the project and
the following:
Ao
Four "Har-Tm" tennis courts on the N.E. comer of the existing Congress Avenue
Park/Boynton Tennis Center.
B. Irrigation for the tennis courts and associated landscape.
C. Additional walk ways.
D. Tennis court lighting.
E. One additional drinking fountain.
1.2.3
1.3
1.3.1
The Consultant will submit three (3) sets of schematic design documents to City staff for
review and approval.
DESIGN DEVELOPMENT PHASE
The Consultant shall prepare from the approved schematic design phase documents, for
approval by the City, design development documents consisting of drawings and other
documents to fix and describe the character of the entire project as it relates to the
architectural, civil, structural, mechanical and electrical disciplines, materials, and such other
essentials as may be appropriate.
1.3.2
1.3.3
1.3.4
1.4
1.4.1
1.4.2
1.5
1.5.1
1.5.2
1.6
1.6.1
The Consultant shall prepare and submit a preliminary cost estimate, and three (3) sets of
Design Development Documents, to the designated City representative for review.
The City shall transmit comments on the preliminary cost estimate, and Design Development
Documents to the Consultant as soon as possible.
The Consultant shall prepare alternatives for construction of the park, if the preliminary cost
estimate indicates that construction costs will significantly exceed the consmaction budget.
PLAN APPROVAL PHASE
Based on the City's approved Design Development Documents, the Consultant shall submit
architectural, engineering and landscaping plans to the designated City representative to
coordinate review by department personnel. Consultant shall contact appropriate county and
state agencies as required in permits, it is the Consultant's understanding that no additional
permits/approvals, except the local building permit is required.
The City shall compile and transmit to Consultant review comments by City staff as soon as
possible.
CONSTRUCTION DOCUMENTS PHASE
Based on the approved Design Development Documents the Consultant shall prepare, for
approval by the City, Construction Documents consisting of Technical Drawings and
Specifications setting forth in detail the requirements for the construction of the Project.
Based upon the Construction Documents, the Consultant shall prepare a detailed final
construction cost estimate. The Consultant shall submit five (5) sets of Construction
Documents to the desi~ated City representative for review and approval at 100% completion
together with the final estimate of Construction Cost.
Any revisions submitted to Consultant after Construction Documents are initiated, will be
considered Additional Services and may affect the construction schedule.
BIDDING AND NEGOTIATION PHASE
The Consultant, following the City's approval of the Construction Documents and latest
estimate of Construction Cost, shall assist the City in preparing the necessary bidding
information, bidding forms, the Conditions of the Contract and the form of Agreement
between the City and the Contractor; the City shall advertise the project. The Consultant
shall conduct the pre-bid meeting, obtain copies of bids and submit a recommendation for the
contract award to the City. Upon approval of the award recommendation, the City shall
prepare contracts for construction.
1.7
1.7.1
CONSTRUCTION ADMINISTRATION PHASE
The Consultant's,[respons~ility to provide Basic Services for the Consmaction Administration
Phase under this Agreement commences with the award of the Contract for Construction.
The Consultant may request an Additional Service Authorization for prolonged contract
administration if the construction time specified for final completion is exceeded by the
Contractor.
1.7,2
1.7.3
1.7.4
1.7.5
1.7.6
1.7.7
1.7.8
Duties, responsibilities and limitations of authority of the Consultant shall not be restricted,
modified or extended without written agreement of the City and Consultant.
The Consultant shall be a representative of and shall advise and consult with the City (1)
during construction until final payment to the Contractor is made, and (2) as an Additional
Service at City direction during the prolonged contract administration as provided in
paragraph 1.6.1. The Consultant shall have authority to act on behalf of the City only to the
extent provided in this Agreement unless otherwise modified by written instrument.
The Consultant shall visit the site frequently enough to familiarize himself with the progress
and quality of the Work completed and to determine if the Work is being performed in a
manner indicating the Work when completed will be in general accordance with the
Construction Documents. However, the Consultant shall not be required to make exhaustive
or continuous on-site inspections to check the quality or quantity of the Work. On the basis
of on-site observations as an architect or engineer, Consultant shall keep the City informed
of the progress and quality of the Work.
The Consultant shall not have control over, or charge of, and shall not be responsible for,
construction means, methods, techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are solely the Contractor's
respons~ility under the Contract for Construction. The Consultant shall not be responsible
for the Contractor's schedule or failure to carry our the Work in accordance with the
Construction Documents. The Consultant shall not have control over or charge of acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of any other
persons performing portions of the Work.
The Consultant shall at all times have access to the Work wherever it is in preparation or
progress.
Except as may otherwise be provided in the Construction Documents or when direct
conu~anications have been specifically authorized, the City and Contractor shall communicate
through the Consultant.
Based on the Consultant's observations and evaluations of the Contractor's Application for
Payment, the Consultant shall review and certify the amounts due the Contractor.
1.7.9
1.7.10
1.7.11
1.7.12
1.7.13
The Consultant's certification for payment shall constitute a representation to the City, based
on the Consultant's observations at the site as provided in paragraph 1.6.4 and on the data
comprising the Contractor's Application for Payment, that the Work has progressed to the
point indicated a~l that, to the best of the Consultant's knowledge, information and belief, the
quality of the Work is in general accordance with the Construction Documents. The
foregoing representations are subject to an evaluation of the Work for conformance with the
Construction Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Construction Documents correctable prior to
completion and to specific qualifications expressed by the Consultant. The issuance of a
Certificate for Payment shall further constitute a representation that the Contractor is entitled
to payment in the amount certified.
The Consultant shall have authority to reject Work which does not conform to the
Construction Documents. Whenever the Consultant considers it necessary or advisable for
implementation of the intent of the Construction Documents, the Consultant will have
authority to require additional inspection or testing of the Work in accordance with the
provisions of the Construction Documents whether or not such Work is fabricated, installed
or completed. However, neither this authority of the Consultant nor a decision made in good
faith either to exercise or not to exercise such authority shall give rise to a duty or
responsibility of the Consultant to the Contractor, Subcontractors, material and equipment
suppliers, their agents or employees or other persons performing portions of the Work.
The Consultant shall review and approve or take other appropriate action upon Contractor's
submittal of Shop Drawings, Product Data and Samples, but only for the limited purpose of
checking for conformance with information given and the design 'concept expressed in the
Construction Documents. The Consultant's action shall be taken with such reasonable
promptness as to cause no delay in the Work or in the construction of the City or of separate
contractors while allowing sufficient time in the Contractor's professional judgment to permit
adequate review.
The Consultant shall prepare Change Orders, with supporting documentation and data, for
the City's approval and execution in accordance with the Construction Documents, and may
authorize major changes in the Work upon approval by the City, involving neither an
adjustment in the Contract Sum nor an extension of the Contract Time, which are not
inconsistent with the intent of the Construction Documents.
The Consultant shall conduct field observations to determine the date or dates of Substantial
Completion and the date of final completion, shall receive and forward to the City for the
City's review and records written warranties and related documents required by the
Construction Documents and assembled by the Contractor, and shall issue a final Certificate
for Payment upon compliance with the requirements of the contract Documents.
1.7.14
1.7.15
The Consultant shall interpret and decide matters concerning performance of the City and
Contractor under the requirements of the Construction Documents on written request of
either the City or,=Contractor. The Consultant's preliminary response to such request shall be
made within 15 days of receipt of such a request.
Interpretations and decisions of the Consultant shall be consistent with the intent of, and
reasonably inferable horn, the Construction Documents and shall be in writing or in the form
of drawings: When making such interpretations and initial decisions, the Consultant shall
endeavor to secure faithful performance by both City and Contractor, shall not show partiality
to either, and shall not be liable for results of interpretations of decisions so rendered in good
faith.
1.7.16
1.7.17
1.7.18
1.7.19
2.0
2.1
The Consultant's decisions on matters relating to aesthetic effect shall be final if consistent.
with the intent expressed in the Construction Documents, and if concurred with by the City.
The Consultant shall render a preliminary written decision within ten (10) days of receipt of
all claims, disputes or other matters in question between the City and Contractor relating to
the execution or progress of the Work as provided in the Construction Documents. The
Consultant shall render a final decision as set forth in the General Conditions of the
Construction Documents.
The Consultant's decisions on claims, disputes or other matters between the City and
Contractor, except for those relating to aesthetic effect, shall be subject to resolution as
provided in the Construction Documents.
All Work described in paragraphs 1.2 through 1.6.18 shall be in compliance with the
requirements of the permits issued by permitting agencies.
ARTICLE 2 - ADDITIONAL SERVICES
GENERAL
2.1.2
2.2
2.2.1
If the services described in this Article 2 are not specifically included in Basic Services, they
shall be paid for by the City as provided in this Agreement, in addition to the compensation
for Basic Services. The Additional Services shall be performed only if authorized in writing
by the City prior to performance of the services.
PROJECT REPRESENTATION 'BEYOND BASIC SERVICES
If services or products other than those defined in Basic Services paragraphs 1.1.1 through
1.6.19 are requested, then they will be considered Additional Services. Examples of
Additional Services are listed below in paragraphs 2.2 through 2.28; Additional Services are
not limited to those defined herein, but are considered any service or product not defined
under Article 1 - Basic Services.
2.2.2
2.2.3
2.2.4
2.3
2.3.1
2.3.2
2.4
2.5
2.6
2.7
2.8
2.9
If more extensive representation at the site than is described in paragraph 1.6.4 is required,
the Consultant shall provide one or more Project Representatives to assist in carrying out
such additional ?-site responsibilities.
Project Representatives shall be selected, employed and directed by the Consultant (with the
understanding that the number, identity, salaries, and length of service of such representatives
shall be agreed to by the City), and the Consultant shall be compensated therefore as agreed
to by the City and Consultant. The duties, responsibilities and limitations of authority of
Project Representatives shall be as described in the General Conditions of the Construction
Documents.
Through the observations by such Project Representatives, the Consultant shall endeavor to
provide further protection for the City against defects and deficiencies in the Work, but the
furnishing of such project representation shall not modify the rights, responsibilities of
obligations of the Consultant as described elsewhere in this Agreement.
Making revisions in Drawings, Specifications or other documents when such revisions are:
inconsistent with approvals or instructions previously given by the City; or
required by the enactment or revision of codes, laws or regulations subsequent to the
preparation of such documents.
Providing services required because of significant changes in the project including, but not
limited to, size, quality, complexity, and the City's schedule.
Preparing Drawings, Specifications and the other documentation and supporting data in
connection with Change Orders or Construction Change Directives which require design or
redesign, and which are not required lg correct the Construction Documents, or which are
not due to oversights of the Consultant.
Providing consultation concerning replacement of Work damaged by fire or other cause
during construction, and furnishing services required in connection with the replacement of
such Work.
Providing services made necessary by the default of the Contractor, by major defects of
deficiencies in the Work of the Contractor, or by failure of performance of either the City or
Contractor under the Contract for Construction.
Providing services in connection with a public hearing or legal proceeding except where the
Consultant is party thereto.
When required by the City, preparing documents for separate or phased bids.
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
3.0
3.1
3.2
Providing services relative to future facilities, systems and equipment, when not specifically
included in the original Project scope.
Making measured drawings of existing construction when required for planning additions or
alterations thereto.
Providing coordination of construction performed by separate contractors or by the City's
own forces and coordination of services required in connection with construction performed
and equipment supplied by the City.
Providing additional sets of prints beyond those specified in Basic Services, Article 1.
Providing services after issuance by the City of the final payment to the Contractor.
When requested by the City, providing services of consultants for other than architectural,.
structural, civil, and electrical engineering, landscaping, and environmental portions of the
Project or other than any special consultants included as a part of the Project Team on the
Consultants Professional Qualification Supplement, which are provided as a part of Basic
Services.
Providing site surveys, geotechnical testing services, archeological investigation services or
other special tests, if required.
Providing prolonged contract administration and construction observation should the
construction time specified for final completion be exceeded by more than 60 days due to no
fault of the Consultant.
Preparation of As-Built drawings.
Review of Contractor's submission for product substitutions shall be performed at the expense
of the Contractor. This provision shall be included in the construction contract.
Fees for any permits that may be required for the project.
Providing any other services not otherwise included in this Agreement.
ARTICLE 3 - CITY'S RESPONSIBILITIES
The City shall provide full information regarding requirements for the Project.
The City shall establish and update an overall budget for the Project, including the
Consultant's estimated Construction Cost, the City's other costs and reasonable contingencies
related to all of these costs.
3.3
3.4¸
3.5
3.6
3.7
3.8
3.9
4.0
4.1
4.1.1
4.1.2
The City shall designate a representative authorized to act on the City's behalf with respect
to the Project.
The City shall review and approve or take other appropriate action on all phases of Work of
the Consultant as soon as possible.
If required, the City shall furnish, or direct the Consultant to obtain at the City's expense,
surveys describing physical characteristics, legal limitations and utility locations for the site
of the Project, and a written legal description of the site. The surveys and legal information
shall include, as applicable, grades and lines of streets, alleys, pavements and-adjoining
property and structures; adjacent drainage; right-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees;
and information concerning available utility services and lines, both public and private, above
and below grade, including inverts and depths.
If required, the City shall furnish, or direct the Consultant to obtain at the City's expense, the
services ofgeotechnical engineers as necessary for the Project. Such services may include but
are not limited to test borings, test pits, determinations of soil borings values, percolation
tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including
necessary operations for anticipating subsoil conditions, with reports and appropriate
professional recommendations.
The City shall pay for structural, mechanical, chemical, air and water pollution tests; tests for
hazardous materials; and, other laboratory and environmental tests, inspections and reports
required by law or the Construction Documents.
The City shall furnish all legal, accounting and insurance counseling services as may be
required by the City for the Project, including auditing services the City may require to verify
the Contractor's AppliCations for Payment or to ascertain how or for what purposes the
Contractor has used the money paid by or on behalf of the City.
The services, information, surveys and reports required by paragraphs 3.5 through 3.8 shall
be' furnished at the City's expense, and the Consultant shall be entitled to rely upon the
accuracy and completeness thereof.
ARTICLE 4 - CONSTRUCTION COST
DEFINITION
The Construction Cost shall be the total cost or estimated cost to the City of all elements of
the Project designed or specified by the Consultant.
The Construction Cost shall include the cost at current market rates of labor and materials
fi~a'nished by the City and equipment designated, 'specified, selected or specially provided for
4.1.3
4.1.4
4.2
4.2.1
by the Consultant, including connections to utilities, plus a reasonable allowance for the
Contractor's overhead and profit.
The Construction Cost does not include the compensation of the Consultant and Consultant's
mb-consultants, the costs of the land, right-of-way, furnishings, contingencies or other costs
which are the responsibility of the City as provided in Article 3.
The City's budget for the construction of the Boynton Beach Tennis Center Expansion shall
be established upon receipt of the final cost estimate from the Consultant. Consultant shall
design the program of proposed improvements to conform with this budget, including the use
of bid alternatives. City shall be obligated to direct the Consultant to delete items from the
program of proposed improvements if cost estimates provided by the Consultant indicate that
construction cost will likely exceed the construction budget. Any material change in the
construction program directed by the City may warrant an increase in compensation as may
be mutually agreed if said change materially alters and increases Consultant's Work.
RESPONSIBILITY FOR CONSTRUCTION COST
Evaluations of the City's Project budget, preliminary estimates of Construction Cost and
detailed estimates of Construction Cost, prepared by the Consultant, represent the
Consultant's best judgement as a design professional familiar with the construction industry.
It is recognized, however, that neither the Consultant nor the City has control over the cost
of labor, materials or equipment, over the Contractor's methods of determining bid prices, or
over competitive bidding, market or negotiating conditions. Accordingly, the Consultant
cannot and does not warrant or represent that bids or negotiated prices will not vary from the
City's Project budget or from any estimate of Construction Cost or evaluation prepared or
agreed to by theConsultant.
EXHIBIT B
BOYNTON BEACH TENNIS CENTER EXPANSION
COMPENSATION
Compensation to Consultant for Basic Services herein described shall be a lump sum in the mount
of $15,500. Said lump sum mount shall include all incidental expenses and sub-consultants except
those indicated as additional services in Exhibit A. compensation shall be payable in the following
increments by phase:
Schematic Design Phase $2,325
Design Development Phase $2,325
Construction Document Phase $6,200
Bidding & Negotiation Phase $ 775
Construction Phase $ 3,875
(15 Percent)
(15 Percent)
(40 Percent)
(5 Percent)
(25 Percent)
Consultant shall submit invoices for each phase completed. City shall pay Consultant invoices within
30 days.