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R95-098RESOLUTION 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 AGREEMENT WITH ROBERT G. CURRIE & ASSOCIATES, INC., PROVIDING FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE HISTORIC BOYNTON BEACH 1913 ELEMENTARY SCHOOL PROJECT; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING 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 Robert G. Currie & Associates, Inc., providing for architectural and engineering services for the Historic Boynton Beach 1913 Elementary School project; 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 Robert G. Currie & Associates, Inc., providing for architectural and engineering services for the Historic Boynton Beach 1913 Elementary School project, which Agreement is attached hereto as Exhibit "A" f~ That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this ~w day of June, 1995. CITY OF BOYN O~ H, FLORIDA ~or Pro ~em ATTEST: Ci~ Clerk - --' Drier (Corporate Seal) 1913HistoricSchoolPro3ect Robert G. Currie, Inc. 6/15/95 CONSULTANT AGREEMENT FORM ARCHITECTURAL AND ENGINEERINGSERVICES THIS AGREEMENT ts entered into between the Ctty of Boynton Beach, hereinafter referred to as "the. City", and ROBERT G. CURRIE &.ASSOGIATES, INC. hereinafter referred to as "the Consultant', In consideration of the mutual benefits, terms, and conditions hereinafter specified. I. PROJECT DESIGNATION. The Consultant is retatned by the Ctty to perform architectural and engineerin~ services In connection with the project designated as the H~.~tn~ gny~ R~ 1Qlq ~!ement_=_ry S~hool Proje SCOPE OF SERVICES. Consultant agrees to perform the services, iden- tified on Exhtblt "A" attached hereto, including the provision of all labor, materials, equipment and supplies, TIME FOR PERFORMANCE. Work under this contract shall comnence 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:JM/ ~tthin ~i ~h~n (lA) mnqths, from the date written notice is given to proceed, ~nless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit 'B' attached hereto, provided that the total amount of payment to Consultant shall not exceed $~0 without express written modification of the agreement signed by the City. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon appro- val thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to co. let, the work. e. 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. OWNERSHIP AND USE OF DOCUMENTS. A11 documents, drawings, specifica- tions and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the Clty whether the project for which they are made is executed or not. The Consultant shall be permitted to retain c°pies, including reprodu- cible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this agreement, faithfully observe and com~ly with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify, defend and hold hamless the City, its offices, agents and e~qoloyees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 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 pollcy 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 sec- tion shall be delivered to the City within fifteen (15) days of execu- tion of this agreement. 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 bet- ween the parties hereto. Neither Consultant nor any e~4)loyee of Consultant shall be entitled to any benefits accorded City employees by virtue of-the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonaflde employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or per- son, other than a bonaftde employee working solely for the Consultant, any fee, co~nission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of 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, repre- sentations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this day of June 1995 . CITY OF BOYNTON BEACH -Mctyor / ROBERT G. CURRIE & ASSOCIATES, Consultant Attest/Authenticated: Clt~' Clerk App~ved i~ito Form: 0!~~ t ~~ttorney Tltle (Corporate Seal) Attest/Authenticated: Secretary Rev. 1/22/91 HISTORIC BOYNTON BEACH 1913 ELEMENTARY SCHOOL PROPOSAL ATTACHMENT A TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's consultants as enumerated previously. 1.1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect shall submit for the Owner's approval and information a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by the Agreement are subject to an 18 month time limit which shall become effective upon receipt of a signed contract between the City of Boynton Beach and Robert G. Currie & Associates, Inc. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect shall review the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall ardve at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall review with the Owner proposed site use and improvements; selection of material, building systems and equipment; and methods of Project delivery. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At intervals appropriate to the progress of the Schematic Design Phase and mutually agreeable to the Owner and Architect, the Architect shall provide schematic design studies for the Owner's review and information. 2~2.6 In the further development of the drawings and specifications during this and subsequent phases of design, the Architect shall work~ along with the project Cost Estimating consultant to develop accurate estimates of Construction Cost. 2.2.7 Upon completion of the Schematic Design Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall be based upon data and estimates prepared by the Cost Estimating consultant and shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements may be appropriate. 2.3.2 At intervals mutually agreeable to the Owner and Architect, the Architect shall provide drawings and other documents which depict the current status of design development for the Owner's review and information. 2.343 Upon completion of the design Development Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and information. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the Architect, utilizing data and estimates prepared by' our Cost Consultant, shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements forthe construction of the Project. 2.4.2 At intervals mutually agreeable to the Owner and Architect, the Architect shall provide Drawings and Specifications for the Owner's review. 2.4.3 Upon completion of the Construction Documents Phase, the Architect shall provide Construction Documents for the Owner's: approval and information. 2.4.4 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contracts, and the forms of Agreement between the Owner and the Contractors. The Architect shall assist in issuing bidding documents to bidders and conducting pre-bid conferences with prospective bidders. The Architect shall respond to questions from bidders, and shall issue addenda. 2.4.5 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and latest estimate of Construction Cost, shall assist in obtaining bids or negotiating proposals and provide recommendations for award. 2,6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the acceptance by the Owner of the final Project Certificate for payment. 2.6.2 The Architect shall provide administration of the Contract for Construction in cooperation as set forth below and in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, current as of the date of this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and ArChitect with consent of the Contractor, which consent shall not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (i) during construction until final payment to the Contractors is made, and (2) as an Additional Service at the Owner's direction from time to time during the correction period described in the Contracts for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract DoCuments. However, the Architect shall not be required I,o m;~ke, ex?us, tiv.e or con. tinuous on-site inspections to check the quality or quantity of ne worK. un the basis ot on-site observations as an arChitect, the Architect shall keep the Owner informed of the progress and quality of Work, and shall endeavor to guard the Owner against defects anci d~ficiencies ih the Work (MOre extensive site representation may be ~greed to as an Additional Service, as described in paragraph 3.2) 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safe~ preCautiOnS and programs in con~eCtion v~ith the .,Work, Since tilese are the Contractors responsibility under {he Contracts for Contractors schedules or failure to carry out the The Architect shall not have control over or charge of acts or omissions of the Contractors, Subcontractors, or their agents or employees, or of any other persons performing services or portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of each Contractor's Application for Payment, the Architect shall review and certify the amounts due the respective Contractors. 2.6.9.1 The Architect's certification for payment shall constitute a representation to the O_wner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the datacompdsing the Contractors' Applications for Payments, that, to the be.st of the Architect's kno~vledge, information and belief, the Work has progressed to the poipt indicated and the quality of the Work is in accordance with the Contract Documents. :i'he foregoing representations are subject Io an evaluation of the Work for conformance with the Contract Documents upon Sul~stantial Completion, to results of subsequent tests and inspections, to minor deviations form the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Ce~t. iflcate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. 2.6.9.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of req uisitions received for Subcontractors and matedal suppliers and other data requested by the Owner to substantiate the Contractor's right to payment of (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.9.10 The Architect shall have authority, after notification to the Owner, to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority, upon wdtten authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision, made in good faith either to exercise or not to exercise such authority shall give dse to a duty or responsibility of the Architect to the Contractors, Subcontra~ors, matedal and equipment suppliers, their agents or employees or other performing portions of the Work. 2.6.11 The Architect shall review and approve or take other appropriate action upon Contractors' submittals such as 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 Contract Documents. The ^rchitect's action shall be taken with such reasonable promptness as: to cause no delay in the Contractors' Work or in construction by the Owner's own iforces, while allowing sufficient time in the Architect's professional judgement to permiti adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and I instructions for installation or performance of equipment the responsibility The Architect's review shall sequences or procedares. approval of an assem equipments is required upon such certification 1 performance criteria required by the Contractors, all of which remain by the Contract Documents. approval of safety precautions or, unless ion means, methods, techniques, a specific item shall not indicate ;ristics of materials, systems or the Architect shall be entitled to rely systems or equipment will meet the Documents. 2.6.12 The Architect shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared for the Owner's approval' and execution in accordance with the Contract Documents. 2.6.13 The Architect may authorize minor changes in Work not involving an adjustment in a contract Sum or an extension of a contract time which are not inconsistent with the intent of the Contract Documents. Such changes shall be effected by wdtten order issued through the Owner. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial completion and the date of final completion. The Architect shall forward to the Owner warranties and similar submittals required by the Contract Documents which have been received from the Owner. The Architect shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on wdtten request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performanCe by both Owner and Contractors, shall not Show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render wdtten decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractors relating to the exeCution or progress of the Work as provided in the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractors, except for those relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. 2.6.20 The Architect shall provide site inspection services on an as needed basis and at a minimum of one site visit/meeting per week through construction process. 2.6.21 The Architect shall provide analyses of the Owner's needs and program the requirements of the Project. 2.6.22 The Architect shall provide services relative to future facilities, systems and equipment. 2.6.23 The Architect shall provide services to investigate existing conditions of facilities or to make measured drawings thereof. 2.6.24 The Architect shall provide services in connection with the work of separate consultants retained by the Owner. 2.6.25 The Architect shall coordinate with city boards and agencies as well as with adjacent park designers. 2.6.26 The Architect shall assist with procuring grants. 2.6.27 The Architect shall provide assistance with approvals from the Historic Trust. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in wdting by the Owner. If services described under Contingent Additions Service in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner pdor to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt wdtten notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. 3.2 CONTINGENT ADDITIONAL SERVICE 3.2.1 The Architect shall make revisions in Drawings, Specifications or other documents when such revisions are: inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or project budget; requested by the Owner after the completion and approval of construction documents because the cost estimate of Construction Cost exceeds the Owner's budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; 3. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or 4. due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.2.2 The Architect shall provide services required because of significant changes in the Project including, but not limited to, changes in size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction. 3.2.3 The Architect shall prepare Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.2.4 The Architect shall provide 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. 3.2.5 The Architect shall provide services made necessary by the termination or default of the Contractor, by major defects or deficiencies in the Work of a Contractor, or by failure of performance of either the Owner or a Contractor under a Contract for Construction. 3.2.6 The Architect shall provide services in evaluating an extensive number of claims submitted by a Contractor or others in connection with the Work. 3.2.7 The Architect shall provide services in connection with legal proceedings except where the Architect is party hereto. 3.2.8 The Architect shall prepare documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction after the completion of the Construction Documents Phase.