Agenda 08-21-17 CITY OF BOYNTON BEACH
". SPECIAL MEETING
•
DATE: Monday,August 21, 2017 TIME: 6:00 PM
PLACE: Libray Program Room, 208 Seacrest Blvd.
1. AGENDA ITEMS
A. Call to Order- Mayor Steven B. Grant
I nvocation
Pledge of Allegiance to the Flag
Roll Call
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
B. Update Commission on Town Square- Phase I
• Recap Public input meetings that have taken place- Playground &Architectural Styles;
• Preliminary Site Plan - Town Square (including Fire Department), Police Department;
• District Energy Plant
C. PROPOSED RESOLUTION NO. R17-078- Authorize the Mayor to sign the First Amendment
to the Town Square Redevelopment Phase I Services Agreement with E2L Real Estate Solutions,
LLC of Winter Park, FL to provide funding for development of plans for a District Energy Plant in
an amount not to exceed $307,000 and development of plans for utility infrastructure associated
with the project in an amount not to exceed $69,000.
2. ADJOURN
The Board may only conduct public business after a quorum has been established. If
no quorum is established within twenty minutes of the noticed start time of the meeting
the City Clerk of her designee will so note the failure to establish a quorum and the
meeting shall be concluded. Board members may not participate further even when
purportedly acting in an informal capacity.
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND
DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
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EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F. S. 286.0105) THE CITY
SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE
NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL
OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE,
PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE
CITY CLERK'S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO
THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY
ACCOMMODATE YOUR REQUEST.
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1.A.
AGENDA ITEMS
8/21/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 8/21/2017
REQUESTED ACTION BY COMMISSION:
Call to Order- Mayor Steven B. Grant
I nvocation
Pledge of Allegiance to the Flag
Roll Call
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
EXPLANATION OF REQUEST:
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT:
ALTERNATIVES:
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
Page 3of21
1.B.
AGENDA ITEMS
8/21/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 8/21/2017
REQUESTED ACTION BY COMMISSION:
Update Commission on Town Square- Phase I
• Recap Public input meetings that have taken place- Playground &Architectural Styles;
• Preliminary Site Plan - Town Square (including Fire Department), Police Department;
• District Energy Plant
EXPLANATION OF REQUEST:
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT:
ALTERNATIVES:
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
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1.C.
AGENDA ITEMS
8/21/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 8/21/2017
REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-078-Authorize the
Mayor to sign the First Amendment to the Town Square Redevelopment Phase I Services Agreement with E2L
Real Estate Solutions, LLC of Winter Park, FL to provide funding for development of plans for a District
Energy Plant in an amount not to exceed $307,000 and development of plans for utility infrastructure
associated with the project in an amount not to exceed $69,000.
EXPLANATION OF REQUEST:
On June 12, 2017, the Commission approved Resolution R17-059 authorizing the Mayor to sign the Town
Square Redevelopment Phase I Services Agreement with E2L Real Estate Solutions, LLC of Winter Park,
FL.
That agreement generally consists of;
• Services to prepare final plans and specifications for construction of Municipal improvements;
• Confirming programmatic scope of each component of the municipal improvements;
• Preparation of guaranteed maximum fixed price for municipal improvements for the City to
consider;
• Financing plan for the project for City to consider;
• Community outreach.
As part of the Initial RFQ the City included that we may want to review and consider a District
Energy Plant to serve this development. As Phase I activities have progressed, it was determined by
City staff and the Developer that the District Energy Plant was worth including in the Phase I
services to get 30% designed and a guaranteed maximum price to build the plant, this cost will not
exceed $307,000 and will be paid for the Utility Capital Fund.
In addition the City needs development of plans for water, sewer, reuse, and stormwater
infrastructure for the project and needs to be completed with Phase I services. The cost for these
services will not exceed $69,000 and will paid from the Utility Capital Fund.
A separate purchase order will be issued for these additional tasks and be paid during the Phase I
contract directly to E2L Real Estate Solutions in accordance with the First Amendment.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The first amendment will allow E2L and
the City contract with professionals to perform the District Energy Plant Design services and development of
plans for water, sewer, reuse, and stormwater infrastructure associated with the Development.
FISCAL IMPACT: Budgeted
Funds are budgeted and available in the following Utility Capital fund:
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Project WT1703 404-5000-533-65-01 $307,000
Project UC1701 404-5000-x)o(-xx-roc $ 69,000
ALTERNATIVES: Do not approve first amendment.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Type Description
Resolution authorizing the First Amendment to the
D Resolution To Square Redevelopment Phase I Services
Agreement
D Amendment First Amendment to To Square Phase I
Services Agreement
D Attachment Central Energy with Infrastructure Support
Proposal
D Attachment CEP Phase I Proposal
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1 RESOLUTION NO. R17-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZE THE MAYOR TO SIGN A FIRST
5 AMENDMENT TO THE TOWN SQUARE
6 REDEVELOPMENT PHASE I SERVICES AGREEMENT
7 WITH E2L REAL ESTATE SOLUTIONS, LLC OF
8 WINTER PARK; AND PROVIDING AN EFFECTIVE
9 DATE.
10
11 WHEREAS, on June 29, 2017, the City and Company entered into the Town Square
12 Redevelopment Phase 1 Services Agreement("Agreement") whereby Company was engaged to
13 provide certain Phase 1 Services as defined in the Agreement with respect to the City's Town
14 Square Development(the"Development"); and
15 WHEREAS, the City and the Company desire to enter into this First Amendment to the
16 Agreement in order to provide for the Company to provide additional Phase 1 Services related to
17 the inclusion of a District Energy Plant (the "Energy Plant"), and design services for water,
18 sewer, reuse, and stormwater infrastructure associated with the Development ("Utility
19 Infrastructure")in accordance with the terms set forth herein.
20 WHEREAS, upon recommendation of staff, the City Commission has determined that
21 it is in the best interests of the residents of the City to authorize the Mayor to sign a First
22 Amendment to the Town Square Redevelopment Phase I Services Agreement with E2L Real
23 Estate Solutions, LLC.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
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29 Section 2: The City Commission of the City of Boynton Beach, Florida does
30 hereby authorize the Mayor to sign a First Amendment to the Town Square Redevelopment
31 Phase I Services Agreement with E2L Real Estate Solutions, LLC, a copy of the First
32 Amendment is attached hereto as Exhibit"A".
33 Section 3. This Resolution shall become effective immediately upon its passage.
34
35 PASSED AND ADOPTED this day of , 2017.
36 CITY OF BOYNTON BEACH, FLORIDA
37 YES NO
38
39 Mayor— Steven B. Grant
40
41 Vice Mayor—Justin Katz
42
43 Commissioner—Mack McCray
44
45 Commissioner—Christina L. Romelus
46
47 Commissioner—Joe Casello
48
49 VOTE
50
51 ATTEST:
52
53
54 Judith A. Pyle, CMC
55 City Clerk
56
57 (Corporate Seal)
58
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FIRST AMENDMENT TO THE TOWN SQUARE REDEVELOPMENT PHASE 1
SERVICES AGREEMENT
THIS FIRST AMENDMENT, dated the day of 2017, between:
CITY OF BOYNTON BEACH, a municipal corporation,with its principal place of
business at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33495,
hereinafter referred to as "City";
and
E2L REAL ESTATE SOLUTIONS,LLC,a Florida limited liability company,with
its principal place of business at 1400 W. Fairbanks Ave., Suite 201, Winter Park,
Florida 32789, hereinafter referred to as"Company"
WITNESSETH:
WHEREAS, on June 29, 2017, the City and Company entered into the Town Square
Redevelopment Phase 1 Services Agreement ("Agreement") whereby Company was engaged to
provide certain Phase 1 Services as defined in the Agreement with respect to the City's Town Square
Development(the"Development"); and
WHEREAS, the City and the Company desire to enter into this First Amendment to the
Agreement in order to provide for the Company to provide additional Phase 1 Services related to the
inclusion of a District Energy Plant(the"Energy Plant"), and design services for water, sewer,reuse,
and stormwater infrastructure associated with the Development ("Utility Infrastructure") in
accordance with the terms set forth herein.
NOW,THEREFORE,for and in consideration of the mutual covenants and other good and
valuable consideration, the Parties hereto agree as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct, and incorporated herein.
SECTION 2. That the term "Municipal Improvements" as provided for in the Agreement
shall be amended to include the District Energy Plant and the water, sewer, reuse, and stormwater
infrastructure associated with the Development.
SECTION 3. That Section 3.2, "Phased Development Services, of Article 111, "Scope of
Phase 1 Services" is hereby amended to add Paragraphs 3.2.13(vii) and (viii), which shall state the
following:
t00195519.2306-9905263}
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B. Preliminary Planning and Programming of Phase 1 Services. As a part
of the Phase 1 Services, Company agrees to hold workshop sessions with the
representatives of the City not less frequently than the times set forth in the
Pre-Development Schedule attached hereto as Exhibit `B". The Pre-
Development Schedule also sets forth the target dates for the other Phase 1
Services. The City agrees to meet with the Company (or, at the Company's
direction,the respective members of the Development Team)and to cooperate
and assist in the planning and programming of the Development. As part of
the Preliminary Planning and Programming Services, the Company shall
coordinate or assist with the following:
(vii) Development of plans for the District Energy Plant
(viii) Development of plans for water, sewer, reuse, and stormwater
infrastructure associated with the Development.
SECTION 4. That Section 3.3,"Fees;Payment of Expenses",of Article III,"Scope of Phase
1 Services" is hereby amended to add Paragraphs 3.3.E and 3.3F, which shall state the following:
E. District Energy Plant Fee. EM Real Estate Solutions, LLC will
perform the District Energy Plant Design Services,for a not to exceed amount
of Three Hundred Seven Thousand and 00/100 Dollars ($307,000.00) (the
"District Energy Plant Fee"). The District Energy Plant Fee will be full
compensation for all District Energy Plant Design Services performed by EM
pursuant to this Agreement. The District Energy Plant Fee will be earned and
payable,including any third party expenses incurred by EM for the benefit of
the Development, in accordance with the Detailed Fee Schedule for District
Energy Plant Services included in Exhibit"C", which is attached hereto and
incorporated herein by reference. The City will issue payment directly to EM
for work performed for the District Energy Plant Design Services.
F. Water, Sewer, Reused Water, and Stormwater Infrastructure Fee.
Haskell will perform the Water, Sewer, Reused Water, and Stormwater
Infrastructure Design Services ("Utility Infrastructure Design Services"), for
a not to exceed amount of Sixty-nine Thousandand 00/100 Dollars
($_69,000.00)(the"Utility Infrastructure Fee"). The Utility Infrastructure Fee
will be full compensation for all Utility Infrastructure Design Services
performed by Haskell pursuant to this Agreement. The Utility Infrastructure
Fee will be earned and payable, including any third party expenses incurred
by Haskell for the benefit of the Development,in accordance with the Detailed
Fee Schedule for Utility Infrastructure Design Services included in Exhibit
"C", which is attached hereto and incorporated herein by reference. The City
t00195519.2306-9905263}
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will issue payment directly to EM for work performed for the Utility
Infrastructure Design Services.
SECTION 5. That the Pre-Development Schedule, which is attached to the Agreement as
Exhibit`B", is hereby amended to include the District Energy Plant and the water, sewer, reuse, and
stormwater infrastructure improvements to be provided by Company. A copy of the amended Exhibit
"B" to the Agreement is attached to this Amendment, and incorporated herein by reference.
SECTION 6. That the Detailed Fee Schedule for Phase 1 Services which is attached to the
Agreement as Exhibit "C", is hereby amended to include the District Energy Plant and the water,
sewer,reuse, and stormwater infrastructure improvements to be provided by Company. A copy of the
amended Exhibit"C" to the Agreement is attached to this Amendment, and incorporated herein by
reference.
SECTION 7. The Parties agree that in all other respects the Agreement shall remain in full
force and effect, except as specifically modified by this First Amendment. In the event of any conflict
between the Agreement and this First Amendment,the terms of this First Amendment shall control.
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
t00195519.2306-9905263}
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IN WITNESS WHEREOF, the City has caused this First Amendment to be duly executed in its
name and behalf and the Company has caused this First Amendment to be duly executed in its
name and behalf on the dates set forth below.
CITY OF BOYNTON BEACH, FLORIDA
BY:
STEVEN B. GRANT, MAYOR
ATTEST:
BY: Date: , 2017
Judith Pyle, CMC
City Clerk
(Seal)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
James A. Cherof
City Attorney
t00195519.2306-9905263}
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EM REAL ESTATE SOLUTIONS, LLC
By
Name
Its
Date:
t00195519.2306-9905263}
Page 5 of 5
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E2Lr x
R EA L ESTATE
t- SOL UTIONS, LLC
August 12, 2017
Colin Groff, P.E.
Assistant City Manager
Public Services
City of Boynton Beach
124 E. Woolbright Rd.
Boynton Beach, Florida 33435
Ref: Boynton Beach Town Square Central Energy Plant
Dear Colin,
As requested, we have reviewed the Sims Wilkerson Cartier Engineering, Inc. reports
dated July 6, 2017 and subsequent `Final" report dated July 26th for the proposed
Chilled Water District Concept Analysis for City of Boynton Beach, Florida Town
Square Redevelopment project. In consideration of your July 19, 2017 and July 26,
2017 requests we are submitting this proposal to complete the proposed central
energy plant design build efforts in concert with our Phase I services agreement of
June 20, 2017.
The total costs for the Design and Preconstruction services are Three Hundred and
Seven Thousand Dollars ($307,000.00) including E2L Real Estate Solutions, LLC
management services. The scope for these services is included as an attachment
and can be added to the current contract by amendment.
We believe as discussed, that the Central Energy Plant will be cost effective and
lower long-term costs for both the public and private buildings along with lowering
the initial capital costs of the facilities. We understand that we will need to
continue discussing the availability of chilled water with E2L, JMK Development and
the Developer for the Villages to confirm costs and the economics of the utility work
for the private development to support a variety of customers.
Financing support for the new Utility District bonding structure will be provided in
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conjunction with the overall Town Square project.
We understand that a separate purchase order will be generated and used to fund
completion of this work by the Boynton Beach Utility Department and we will follow
the same contractual guidelines that are already in place under our current
contract with the City of Boynton Beach.
Also, based on the City's request to directly pay for utility infrastructure work, E21- is
requesting $69,000 for Infrastructure phase I services which where previously
included in the contract for Phase I in the Kimley Horn Phase I Utility design scope of
services.
Please confirm your acceptance of this proposal via email or issuance of purchase
order so we may commence design efforts immediately as they are critical to the
overall Phase I services. We look forward to completing these services in
conjunction with the Phase I deliverables for yours and City Council approval in
November of this year.
Sincerely,
Mark Hefferin
President
E21- Real Estate Solutions, LLC
1400 West Fairbanks Road . Suite 201 . Winter Park, Florida 32789
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Mr. Mark Hefferin
E2L Real Estate Solutions, LLC
1400 W. Fairbanks Ave., Suite 201
Winter Park, Florida 32789
Dear Mr. Hefferin:
We are pleased to present this design-build Phase I services letter to E2L Real Estate
Solutions, LLC (the "Developer") for programming, master planning, architectural, engineering,
pre-construction services and Guaranteed Maximum Price proposal development for the
proposed Central Energy Plant portion of the Boynton Beach Redevelopment project being
undertaken by the City of Boynton Beach, Florida (the "City"). Baker Barrios will be the projects
urban designer and landscape architect, Kimley Horn will be civil engineer and Haskell will
provide electrical engineer services. This scope of work will include finalizing the master plan,
workshops on the public parks, public art program, coordination with vertical development
parcels, utilities design, hardscape and landscape design. The project budget range is $5410
million and will be phased with portions to open as early as Fall of 2018 for public use. This
letter sets forth our approach and fees associated with the services to proceed with design
development and deliver a Guaranteed Maximum Price Proposal (GMP) process. The design
and GMP development services are broken down into three phases.
PHASE I — PRELIMINARY DESIGN-BUILD SERVICES
This phase, which has two sub-components, is performed in advance of the Design-Build GMP
Proposal.
• Phase I-A—Advanced Schematic Design (30%)
• Phase I-B— GMP Development
PHASE I-A—ADVANCED SCHEMATIC DESIGN DOCUMENTS (30%)
This phase includes the services necessary to develop the Schematic Design to include City
review comments. The work of this sub-phase includes the following:
Task 1: Advanced Schematic Design Documents
1) Work with the City and master site development team to locate and configure the site for
a new central energy plant.
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2) Engineering Schematic Design Drawings Completed (Erosion Control / Paving, Grading,
and Drainage/ Utilities /Chilled/Hot Water and Power Lines / Phasing Plans / Details /
Notes)
3) Review with the City alternative approaches to design and construction of the central
energy plant and associated site distribution piping.
4) Based on the mutually agreed-upon program, schedule and construction budget
requirements, prepare, for approval by the City, Advanced Schematic Design documents
consisting of drawings, narrative and other documents illustrating the scale and
relationship of Project components
5) 30% Engineering Drawings Completed (Erosion Control / Paving, Grading, and Drainage
/ Utilities/ Chilled/Hot Water and Power Lines/ Phasing Plans / Details / Notes)
6) Prepare a written outline specification and scope of work narrative
7) Value engineering, constructability and risk analysis
8) Initiate Prequalification process for subcontractors, vendors and material suppliers.
9) Provide a budget with component detail
10) Provide a critical path schedule to include design, permitting, procurement and
construction logic
11) Review geotechnical findings and obtain recommendations on foundations and on-site
pavement sections
12) Identify all permitting requirements and facilitate pre-submittal meetings with city of
Boynton Beach building department
13) Identify utilities and coordinate with Infrastructure team for utility connections within Sof
building (Power, Water and Sewer)
14)75% Engineering Drawings Completed (Erosion Control / Paving, Grading, and Drainage
/ Utilities/ Chilled/Hot Water and Power Lines/ Phasing Plans / Details / Notes)
15)Obtain and review the existing survey information available
16)Coordinate with Developer and design team developing site master plan
17)Conduct one (1) schematic design review meeting with City
18) Incorporate all team and owner comments into final concept design
Deliverables
1) Outline specifications and basis of design narrative to include system and material
narrative description
2) List of applicable building codes on drawing title sheet
3) List of anticipated building code variance requests
4) Architectural site plan, building exterior envelope elevations, building cross section,roof
layout and energy code requirements, building interior floor plans and graphics as
necessary to clearly present the concept
5) Civil design included
6) Schematic Landscape drawings to assist with the GMP Development
7) Structural "pricing" plan to include scheme and written description
8) HVAC and process piping "pricing" plan to identify all systems, one line flow diagrams,
equipment locations, air intake and discharge locations, mechanical legend, energy code
requirements
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9) Fire protection to include confirm adequacy of utility, identify connection location.
10) Electrical, includes one-line diagrams, electric vault location, equipment location,
electrical legend, written narrative for equipment and fixtures.
11)Communications (voice, data, video and A&V), "pricing" plan to show locations, closet
location and size
12) Geotechnical Report
13) Preliminary Cost Estimate
Schedule
The work described in Phase I-A will be completed within approximately seven (7) weeks from
notice to proceed.
Clarifications
Submittal of documentation for DD & CD phases is not included and will need to be addressed
as supplemental services.
PHASE I-B —GMP DEVELOPMENT
This phase includes the services necessary to develop a Guaranteed Maximum Price (GMP)
Proposal and Contract to include City and Developer review comments. Haskell will proceed
with this phase of the work upon completion of Phase I-B. More specifically, the work of this
sub-phase includes the following:
Task 2: Development of Guaranteed Maximum Price Proposal
1) Finalize City and Developer comments from schematic workshop into an addendum
2) Finalize subcontractor/vendor bid packages in accordance with Local and Small
Business plan for advertisement and solicitation of proposals
3) Advertise Bid Packages,
4) Receive, analyze, and provide bid tabulations including recommendation of subcontract
awards,
5) Finalize project construction schedule
6) Present Guaranteed Maximum Price Contract, DBIA Form 530 to include schedule,
detailed estimate, bid tabulations, clarifications and assumptions, list of allowances and
contingency detail.
Deliverables
1) Guaranteed Maximum Price Contract, DBIA Form 530
2) Schematic Design Documents developed in Phase I-B.
3) Clarifications and assumptions
4) List of allowance and contingencies
5) GMP Book with detail estimate, bid tabulations and projectschedule
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Schedule
The work described in Phase I-B will be completed within approximately eight (8) weeks
from the date of completion of phase I-A and Notice to Proceed.
All work will be based on the plan that the City and Developer have reviewed in the
Conceptual Phase (Phase I-A).
Clarification
Phase I services do not include, platting, zoning, land acquisition or securing entitlements.
Permit and permit related costs excluded. Design Team DD& CD Documentation, Permitting,
Bidding, and Construction Administration services are also not included. Traffic studies
excluded. Acoustic Engineering consultants are not included. Photorealistic renderings are not
included. Reimbursable budgets for survey and geotechnical engineering are included and to
be coordinated by Haskell. A reimbursable budget for travel and misc. costs to support the
Phase I deliverables is also included.
Phase I-A
Task 1A: Coordination of site utility development
Task 1 B: Concept Development and siting
Task 1C: Advanced Schematic Design documentation
Task 1 D: Constructability Review and Risk Analysis
Phase I-B
Task 2A: Prepare and Issue GMP Packages
Task 2B: Respond to RFI's
Task 2C: Evaluate GMP and Contractor Scopes
Task 2D: GMP Proposal
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DEVELOPER OPTION TO TERMINATE AGREEMENT
The Developer (either on its own or at the direction of the City) shall have the right to terminate
this Agreement for convenience. In the event that the Developer exercises its rights to
terminate this Agreement, the Developer shall notify Haskell in writing. Then Haskell, upon
receipt of Developer's notice to terminate this Agreement, shall stop Work and tabulate all
costs to date and the Developer shall pay Haskell for those services within 30 days of Haskell's
invoice submittal. The Developer shall not be liable for services in excess of the total amount
stated in the Fees Section above.
IN THE EVENT THE DEVELOPER ELECTS NOT TO PROCEED WITH A DESIGN-
BUILD CONTRACT (PHASES TWO AND THREE)
Should the Developer not proceed with the Haskell for completion of design and construction
of the project, and Developer notifies Haskell of same, Haskell shall provide Developer with
five sets of printed and electronic copies of the Phase One work product deliverables. Further,
the Developer shall have rights to use the documents subject to the following:
1.) Satisfactory payment to Haskell for Phase One services, and
2.) Developer's indemnification of Haskell and its sub-consultants for Developer's use of the
documents, and
3.) Developer's delivery of a letter to Haskell acknowledging that use of the documents is
subject to the statutes and provisions of professional practice of Architecture and
Engineering, and
4.) Haskell and its sub-consultants shall have no further responsibility or liability for
Developer's or any subsequent Haskell's use of the cost, schedule or design information
provided by Haskell.
Upon completion of the Phase One services, delivery of work product documents, and payment
for services as described in the Fees section above, this agreement shall be considered
completed. If the Developer should elect to proceed with the completion of design and the
construction of the Project, Developer and Haskell shall proceed with negotiation of a design-
build contract.
Schedule
A specific schedule for the project will be provided with the Phase I-C GMP Contract.
Financial Obligations
The cost for the Construction Phase of the Work will be presented as part of the Phase I-C GMP
Contract and will include all fees for Phase Two —Design Services for Construction Documents
and services during Construction and Phase Three — Construction Management, Insurances
and Design-Builder Fees.
If this design-build proposal meets with your approval, please indicate your acceptance by
signing below. Please retain one copy and return one signed copy to us for our files. Thank
you for the opportunity to be of service. We are looking forward to working with you.
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PHASE II DESIGN SUPPORT AND RECEIPT OF PERMITS
Services
This Phase includes the Design services necessary to complete the documents in order to
support procurement and receipt of permits. Services to be provided include final architecture
and landscape architecture, civil engineering, structural engineering, mechanical engineering,
and electrical engineering. All submittal of civil permits to appropriate regulatory agencies. Also
included in this phase of the work is the review of submittals, requests for information, issuance
of field orders, meeting minutes and participation in pre-construction meetings and inspections.
Fee
The fee for this phase of work will be included in the GMP design-build contract amount.
PHASE III CONSTRUCTION AND CONSTRUCTION ADMINISTRATION
Services
Services under this phase of the work include the following items:
• Construction in compliance with the applicable codes and standards
• Subcontracting and subcontractor management
• Scheduling
• Quality Assurance
• Construction Administration, Shop Drawing Review, etc.
• Obtaining a Certificate of Occupancy
• Record Drawings and all other required close-out documents.
Fee
The fee for this phase of work will be included in the GMP design-build contract amount.
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