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R19-057
RESOLUTION NO. R19-0151 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH THE HASKELL COMPANY FOR PROGRAMMING, ARCHITECTURAL, ENGINEERING, PRE -CONSTRUCTION SERVICES AND DEVELOPMENT OF A GUARANTEED MAXIMUM PRICE PROPOSAL FOR THE PROPOSED UTILITY WATER QUALITY LABORATORY PROJECT TO BE LOCATED ADJACENT TO FIRE RESCUE STATION #2 IN THE AMOUNT OF $140,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 12, 2019, the City Commission authorized staff to conduct negotiations with the first ranked firm The Haskell Company of Jacksonville, Florida and establish contracts in accordance with the Request for Qualifications No. 008-2821-19/TP for Water Quality Laboratory Building Progressive Design/Build; and WHEREAS, as a result of the negotiations staff is recommending an Agreement with the Haskell Company for the programming, architectural, engineering, pre -construction services and Guaranteed Maximum Price proposal development for the proposed Utility Water Quality Laboratory project; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize the City Manager to sign an Agreement with The Haskell Company for programming, architectural, engineering, pre -construction services and development of a Guaranteed Maximum Price proposal in the amount of $140,000.00 for the proposed Utility Water Quality Laboratory project to be located adjacent to the Fire Rescue Station #2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF S:\CA\RESO\Agreerrients\Contract with Haskell Design Build (Water Quality Lab) - ReSO.ddC% THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager to sign an Agreement with The Haskell Company for programming, architectural, engineering, pre -construction services and development of a Guaranteed Maximum Price proposal in the amount of $140,000.00 for the proposed Utility Water Quality Laboratory project to be located adjacent to the Fire Rescue Station #2, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. FIRST READING this -11 day of 2019. SECOND, FINAL READING AND PASSAGE this day of June, 2019. CITY OF BOYNTON BEACH, FLORIDA VOTE ATTEST: Of"dith A. Pyle, CMC City Clerk (Corporate Seal) S:\CA\RES0\Agreements\C0ntract with Haskell Design Build (Water Quality Lab) - Reso docx YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray ✓ Commissioner — Christina L. Romelus_� Commissioner — Ty Penserga VOTE ATTEST: Of"dith A. Pyle, CMC City Clerk (Corporate Seal) S:\CA\RES0\Agreements\C0ntract with Haskell Design Build (Water Quality Lab) - Reso docx STANDARD FORM OF PRELIMINARY AGREEMENT BETWEEN OWNER AND DESIGN -BUILDER Document No. 520 Second Edition, 2010 © Design -Build Institute of America Washington, DC TABLE OF CONTENTS Article Name Page Article1 General............................................................................................................. 3 Article 2 Design -Builder's Services and Responsibilities................................................. 3 Article 3 Owner's Services and Responsibilities.............................................................. 4 Article 4 Ownership of Work Product............................................................................... 5 Article5 Contract Time.................................................................................................... 5 Article6 Contract Price.................................................................................................... 6 Article 7 Procedure for Payment..................................................................................... 6 Article8 Electronic Data.................................................................................................. 6 Article9 Other Provisions................................................................................................ 7 DBIA Document No. 520 - Standard Form of Preliminary Agreement Between owner and Design-Burraer rage Q 2010 Design -Build Institute of America — RFQ 008-2821-19rrP water Quality Lab Bldg. Design Build im Standard Form of Preliminary Agreement Between Owner and Design -Builder This document has important legal consequences. Consultation with an attomey is recommended with respect to its completion or modification. This AGREEMENT is made as of the 29th day of April in the year of 2019, by and between the following parties, for services in connection with the Project identified below. OWNER: City of Boynton Beach 124 E. Woolbright Rd Boynton Beach, FL 33435 DESIGN -BUILDER: The Haskell Company 111 Riverside Avenue Jacksonville, Florida 32202 PROJECT: City of Boynton Beach Water Quality Lab In consideration of the mutual covenants and obligations contained herein, Owner and Design -Builder agree as set forth herein. DBIA Document No. 520 - Standard Forrn of Preliminary Agreement Between Owner and Design -Builder Page © 2010 Design -Build Institute of America — RFQ 008-2821-19/TP Water Quality Lab Bldg. Design Build Article 1 General 1.1 Duty to Cooperate. Owner and Design -Builder commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith to permit each party to realize the benefits afforded under this Agreement. 1.2 Definitions. Terms, words and phrases used in this Agreement shall have the meanings given them in DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design -Builder (2010 Edition) ("General Conditions of Contract"). Article 2 Design -Builder's Services and Responsibilities 2.1 Design Services. Design -Builder shall, consistent with applicable state licensing laws, provide design services, including architectural, engineering and other design professional services, required by this Agreement. Such design services shall be provided through qualified, licensed design professionals who are either (i) employed by Design -Builder, or (ii) procured by Design -Builder from independent sources. Nothing in this Agreement is intended to create any legal or contractual relationship between Owner and any independent design professional. 2.2 Preliminary Services. 2.2.1 Owner shall provide Design -Builder with Owner's Project Criteria describing Owner's program requirements and objectives for the Project. Owner's Project Criteria shall include Owner's use, space, price, time, site, performance and expandability requirements. Owner's Project Criteria may include conceptual documents, design specifications, design performance specifications and other technical materials and requirements prepared by or for Owner in EXHIBIT B. 2.2.2 If Owners Project Criteria have not been developed prior to the execution of this Agreement, Design -Builder will assist Owner in developing Owner's Project Criteria, with such service deemed to be an Additional Service pursuant to Section 2.7 hereof. If Owner has developed Owner's Project Criteria prior to executing this Agreement, Design -Builder shall review and prepare a written evaluation of such criteria, including recommendations to Owner for different and innovative approaches to the design and construction of the Project. The parties shall meet to discuss Design -Builder's written evaluation of Owner's Project Criteria and agree upon what revisions, if any, should be made to such criteria. 2.3 Permit Issue Design Documents. Design -Builder shall prepare Permit Issue Design Documents based on Owner's Project Criteria, as may be revised in accordance with Section 2.2.2 hereof. The Permit Issue Design Documents shall include design criteria, drawings, diagrams and specifications setting forth the requirements of the Project. The parties shall meet to discuss the Permit Issue Design Documents and agree upon what revisions, if any, should be made. Design -Builder shall perform such agreed-upon revisions. 2.4 Proposal. Based on Owner's Project Criteria, the Permit Issue Design Documents, as each may be revised pursuant to Sections 2.2.2 and 2.3 above, and any other Basis of Design Documents upon which the parties may agree, Design -Builder shall submit a proposal to Owner (the "Proposal"), which shall include the following unless the parties mutually agree otherwise: 2.4.1 a proposed contract price for the design and construction of the Project, which price shall be in the form of the cost of the work plus a fee with a Guaranteed Maximum Price ("GMP"). DBIA Document No. 520 - Standard Form of Preliminary Agreement Between Owner and Design -Builder rage s © 2010 Design -Build Institute of America — RFQ 008-2821-19rrP Water Quality Lab Bldg. Design Build 2.4.2 a schedule and date of Substantial Completion of the Project upon which the Contract Price for the Project is based; 2.4.3 all other information necessary for the parties to enter into DBIA Document No. 525, Standard Form of Agreement Between Owner and Design -Builder - Lump Sum (2010 Edition) or DBIA Document No. 530, Standard Form of Agreement Between Owner and Design -Builder- Cost Plus Fee with an Option for a Guaranteed Maximum Price (2010 Edition), with the accompanying General Conditions of Contract, DBIA Document 535; and 2.4.4 the time limit for acceptance of the Proposal. 2.5 Review of Proposal. Design -Builder and Owner shall meet to discuss and review the Proposal. If Owner has any comments regarding the Proposal, or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design -Builder of such comments or findings. If Design -Builder finds the revisions acceptable, Design -Builder shall, upon receipt of Owner's notice, adjust the Proposal. 2.6 Completion of This Agreement. Design -Builder's services under this Agreement shall be deemed completed upon meeting with Owner to discuss the Proposal and making those revisions to the Proposal, if any, Design -Builder finds acceptable. 2.7 Additional Services. Design -Builder shall perform the Additional Services set forth in a separate exhibit to this Agreement. The cost for such services shall be as mutually agreed upon by Owner and Design -Builder, with the Contract Price for this Agreement, as set forth in Section 6.1 hereof, being adjusted accordingly. Article 3 Owner's Services and Responsibilities 3.1 Timely Performance. Owner shall throughout the performance of this Agreement cooperate with Design -Builder. Owner shall perform its responsibilities, obligations and services, including its reviews and approvals of Design -Builder's submissions, in a timely manner so as not to delay or interfere with Design - Builder's performance of its obligations under this Agreement. 3.2 Owner's Project Criteria. Owner shall provide Design -Builder with Owner's Project Criteria. If Owner desires that Design -Builder assist Owner in developing such criteria as an Additional Service under Section 2.7 hereof, Owner shall provide Design -Builder with its objectives, limitations and other relevant information regarding the Project in EXHIBIT B. 3.3 Owner Provided Information. Owner shall provide, at its own cost and expense, for Design - Builder's information and use, the following, all of which Design -Builder is entitled to rely upon in performing its obligations hereunder: 3.3.1 Surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utility lines. Design -Builder includes surveying as detailed in Exhibit A. 3.3.2 Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the Site. Design -Builder includes geotechnical engineering as detailed in Exhibit A. 3.3.3 Temporary and permanent easements, zoning and other requirements and encumbrances DBIA Document No. 520 - Standard Form of Preliminary Agreement Between Owner and Design -Builder Page 4 © 2010 Design -Build Institute of America — RFQ 008-2821-19/TP Water Quality Lab Bldg. Design Build affecting land use or necessary to permit the proper design and construction of the Project; 3.3.4 A legal description of the Site; 3.3.5 To the extent available, as -built and record drawings of any existing structures at the Site; and 3.3.6 To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including, but not limited to, Hazardous Conditions, in existence at the Site. Article 4 Ownership of Work Product 4.1 Work Product. All drawings, specifications and other documents and electronic data furnished by Design -Builder to Owner under this Agreement ("Work Product") are deemed to be instruments of service and Design -Builder shall retain the ownership and property interests therein, including but not limited to any intellectual property rights, copyrights and/or patents, subject to the provisions set forth below. 4.2 Owner's Limited License. If Owner fails to enter into a contract on this Project with Design -Builder to complete the design and construction of the Project and Owner proceeds to design and construct the Project through its employees, agents or third parties, Design -Builder, upon payment in full of the amounts due Design -Builder under this Agreement: (a) grants Owner a limited license to use the Work Product in connection with the Owner's completion of the Project; and (b) transfers all ownership and property interests, including but not limited to any intellectual property rights, copyrights and/or patents, in those portions of the Work Product that consist of architectural and other design elements and specifications that are unique to the Project. The parties shall specifically designate those portions of the Work Product for which ownership in the Work Product shall be transferred. Use of the Work Product is at Owner's sole risk without liability or legal exposure to Design -Builder or anyone working by or through Design -Builder, including Design Consultants of any tier. Article 5 Contract Time 5.1 Commencement Date. Design -Builder shall commence performance of the services set forth in this Agreement within five (5) days of Design -Builder's receipt of Owner's Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. Design -Builder shall complete such services no later than One Hundred (100) calendar days after the Date of Commencement. 5.2 Interim Dates. Interim milestone dates, if any, of identified portions of the services set forth in this Agreement shall be achieved as described in a separate exhibit to this Agreement. Article 6 Contract Price 6.1 Contract Price. The Contract Price for this Agreement is a GMP as set forth below. THE CONTRACT PRICE IS One Hundred Forty Thousand and 001100 Dollars ($140,000) DBIA Document No. 520 - Standard Form of Preliminary Agreement Between Owner and Design -Builder Page 5 © 2010 Design -Build Institute of America — RFQ 008-2821-19/TP Water Quality Lab Bldg. Design Build See Exhibit A for details and breakdown 6.2 Scope of Contract Price. The Contract Price shall be the full compensation due Design -Builder for the performance of all services set forth in this Agreement, and shall be deemed to include all the sales, use, consumer and other taxes mandated by applicable Legal Requirements. The Contract Price shall be adjusted to reflect any Additional Services agreed upon by the parties after execution of this Agreement. Article 7 Procedure for Payment 7.1 Payment. Design -Builder and Owner agree upon the following method for partial and final payment to Design -Builder for the services hereunder: Owner to provide payment within 15 days after approved monthly invoice. Invoice to be submitted by the 25th of each month with payment 15 days after. Final payment to be made within 30 days after submittal of GMP to Owner. 7.2 Interest. Payments due and unpaid by Owner to Design -Builder shall bear interest commencing five (5) days after payment is due at the rate of Six percent ( 6 %). Article 8 Electronic Data 8.1 Electronic Data. 8.1.1 The parties recognize that Contract Documents, including drawings, specifications and three-dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner, Design -Builder and others in electronic media as an alternative to paper hard copies (collectively "Electronic Data"). 8.2 Transmission of Electronic Data. 8.2.1 Owner and Design -Builder shall agree upon the software and the format for the transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed-upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data. 8.2.2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated or interpreted. 8.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4 of the Agreement. Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods. 8.3 Electronic Data Protocol. DBIA Document No. 520 - Standard Form of Preliminary Agreement Between Owner and Design -Builder Page 6 0 2010 Design -Build Institute of America — RFQ 008-2821-19/TP Water Quality Lab Bldg. Design Build 8.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge, including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this Section 8.3. 8.3.2 Electronic Data will be transmitted in the format agreed upon in Section 8.2.1 above, including file conventions and document properties, unless prior arrangements are made in advance in writing. 8.3.3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall also address the duty, if any, to update such information if such information changes prior to Final Completion. 8.3.4 The transmitting party specifically disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data via electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration. Article 9 Other Provisions 9.1 Initial Dispute Resolution. The parties agree that any claim, dispute or controversy arising out of or relating to this Agreement or the breach thereof that cannot be resolved through discussions by the parties shall be submitted to non-binding mediation administered by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to the Construction Industry Mediation Rules then in effect. Any claim, dispute, or controversy arising out of or relating to this Agreement or the breach thereof which has not been resolved by mediation shall be submitted to binding arbitration administered by the AAA pursuant to the Construction Industry Arbitration Rules then in effect. 9.2 Confidentiality. Confidential Information is defined as information which is determined by the transmitting party to be of a confidential or proprietary nature and: (i) the transmitting party identifies it as either confidential or proprietary; (ii) the transmitting party takes steps to maintain the confidential or proprietary nature of the information; and (iii) the document is not otherwise available in or considered to be in the public domain. The receiving party agrees to maintain the confidentiality of the Confidential Information and agrees to use the Confidential Information solely in connection with the services set forth in this Agreement. 9.3 Assignment. Neither Design -Builder nor Owner shall without the written consent of the other party assign, transfer, or sublet any portion or part of its obligations under this Agreement. 9.4 Governing Law. This Agreement shall be governed by the laws of the place of the Project, without giving effect to its conflict of law principles. 9.5 Severability. If any provision or any part of a provision of this Agreement shall be finally determined DBIA Document No. 520 - Standard Form of Preliminary Agreement Between Owner and Design -Builder Page 7 0 2010 Design -Build Institute of America —RFQ 008-2821-19/TP Water Quality Lab Bldg. Design Build to be superseded, invalid, illegal, or otherwise unenforceable pursuant to applicable laws by any authority having jurisdiction, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provisions or parts of the provision of this Agreement, which shall remain in full force and effect as if the unenforceable provision or part was deleted. 9.6 Amendments. This Agreement may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of both parties. 9.7 Entire Agreement. This Agreement forms the entire agreement between Owner and Design - Builder. No oral representations or other agreements have been made by the parties except as specifically stated in this Agreement. 9.8 SCRUTINIZED COMPANIES 287.135 and 215.473: By submission, Design -Builder certifies that the Design -Builder is not participating in a boycott of Israel. Design -Builder further certifies that Design - Builder is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Design -Builder been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Design -Builder of the City's determination concerning the false certification. Design -Builder shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Design - Builder shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Design -Builder does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Solicitation responses of $1 million or more must include the attached Scrutinized Companies form to certify that the Design -Builder is not on either of those lists in EXHIBIT C. 9.9 TRADE SECRET: Any language contained in the Design -Builder's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If Design -Builder submits any documents or other information to the City which the Design -Builder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Design -Builder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Design -Builder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Design -Builder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Design -Builder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 9.10 PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is an public agency subject to Chapter 119, Florida Statutes. The Design -Builder shall comply with Florida's Public Records Law. Specifically, the Design -Builder shall: A. Keep and maintain public records required by the City to perform the service; DBIA Document No. 520 - Standard Form of Preliminary Agreement Between Owner and Design -Builder Page 8 © 2010 Design -Build Institute of America - RFQ 008-2821-19lTP Water Quality Lab Bldg. Design Build B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Design -Builder shall destroy all copies of such confidential and exempt records remaining in its possession once the Design -Builder transfers the records in its possession to the City; and D. Upon completion of the contract, Design -Builder shall transfer to the City, at no cost to the City, all public records in Design -Builder's possession All records stored electronically by Design -Builder must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 9.11 IF THE DESIGN -BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE DESIGN -BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 PYLEJ@BBFL.US 9.12 Exhibits. Exhibits to this contract are as follows: Exhibit A — Boynton Beach Water Quality Lab Phase I Proposal dated April 29, 2019 Exhibit B - Design / Build Criteria Standard Package by CPH, Inc. (August 2017) Exhibit C - Vendor Certification Regarding Scrutinized Companies Lists DBIA Document No. 520 Standard Form of Preliminary Agreement Between Owner and Design -Builder © 2010 Design -Build Institute of America — RFQ 008-2821-19/TP Water Quality Lab Bldg. Design Build Page 9 In executing this Agreement, Owner and Design -Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. OWNER: City of Boynton Beach (Signature) Lori LaVerriere (Printed Name) City Manaqer (Title) Date: _ APPROVE DESIGN -BUILDER: The Haskell Company (Signature) Peter Kinsley (Printed Name) President - Infrastructure & Transportation (Title) Date: 5 t � 1 c1 V V CITY ATTO Caution: You shoul sign an originaPbglA document which has this caution printed in blue. An original assures tha changes will not be obscured as may occur when documents are reproduced. DBIA Document No. 520 - Standard Form of Preliminary Agreement Between Owner and Design -Builder © 2010 Design -Build Institute of America - RFQ 008-2821-19/TP Water Quality Lab Bldg. Design Build Page 10 Exhibit A 4/ HASKELL April 29, 2019 Mr. Colin Groff Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd Boynton Beach, FL 33435 Dear Mr. Groff: The Haskell Companytel 904.791.4500 111 Riverside Avenue fax 904.791.4699 Jacksonville, FL 32202 web www.haskell.com Chris W. Ware Director— Project Development Re: Boynton Beach Water Quality Lab Phase I Proposal Design & GMP Development We are pleased to present this design -build Phase I services letter to the City of Boynton Beach (the "Owner") for programming, architectural, engineering, pre -construction services and Guaranteed Maximum Price proposal development for the proposed Water Quality Lab project in Boynton Beach, Florida. Haskell will provide all design services in-house except for civil engineering services which will be provided by Kimley-Horn. The project budget is $800,000 And proposed schedule would provide for Substantial Completion in Spring of 2020. 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 the following phases and tasks: PHASE I -A — DESIGN DEVELOPMENT DOCUMENTS (60%) This phase includes the services necessary to develop the design documents to about a 60% level. The work of this sub -phase includes the following: Task 1: Conceptual Estimate 1) Use the Existing Design -Criteria package to develop a conceptual estimate to verify the budget Task 2: Design Development Documents (60% Design) 1) Hold a Kick-off Meeting to allow our Architects and Engineers to engage in discussions with the Owner about various design options and ideas for the project. 2) Perform a field survey of the existing laboratory facility and equipment to understand what does or does not work well at existing facility and what equipment will be transferred vs purchased new for new facility. 3) Review with the City alternative approaches to design and construction of the Water quality Lab and associated site utility piping. 4) Using the existing design criteria documents as a baseline, develop Design Development Documents for review and approval by the City. 5) Value engineering, constructability and risk analysis 40 Mr. Colin Groff April 30, 2019 Page 2 6) Provide a critical path schedule to include design, permitting, procurement and construction logic 7) Identify all permitting requirements and facilitate pre -submittal meetings with City of Boynton Beach Building Department 8) Develop Initial Laboratory Equipment schedule included showing what equipment is going to be existing and relocated and what is going to be new and the models of each. 9) 75% Engineering Drawings Completed (Erosion Control / Paving, Grading, and Drainage / Utilities / Chilled/Hot Water and Power Lines / Phasing Plans / Details / Notes) 10) Initiate meetings with Palm Beach county to discuss upcoming work and permitting requirements. 11) Conduct one (1) design review meeting with City 12) Incorporate all team and owner comments into final concept design 13) Prepare and Submit documents for DART Review Process Task 3: Survey 14) Hire Surveyor to survey property and provide tree counts Task 4: Geotechnical Report 15) Hire Geotechnical Engineer to perform soil investigations and provide a report to be used in Civil and Structural Designs Task 5: Ground Penetrating Radar 16) Perform Ground Penetrating Radar (GPR) of site area to locate underground utilities. These will be reflected on Civil Design Documents and any conflicts documented and designed around. 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 Drawings showing major elements and member sizes 8) HVAC equipment selections and layout, one line flow diagrams, equipment locations, air intake and discharge locations, mechanical legend, energy code requirements 9) Fire protection to include confirm adequacy of utility, identify connection location. Mr. Colin Groff April 30, 2019 Page 3 10) Electrical, includes one -line diagrams, equipment sizing, generator sizing, electric room size confirmation, equipment location, electrical legend, light fixture selection, power outlet locations. 11) Communications (voice, data, video and A&V), closet location and size, outlet layouts, riser diagram. 12) Geotechnical Report 13) Survey 14) GPR Documents 15) Update Risk Register Document Schedule The work described in Phase I -A will be completed within approximately four (4) weeks from execution of phase 1 Agreement. PHASE I -B — PERMIT ISSUE DOCUMENTS i90%1 This phase includes the services necessary to develop the design documents to about a 90% level and ready for permit to the various agencies. The work of this sub -phase includes the following: Task 6: Permit Issue Documents (90% Design) 1) Advance building designs to a point where they are ready to be submitted to the building Department for approval, incorporating Owner's comments from the prior Owner review meetings. 2) Initiate Prequalification process for subcontractors, vendors and material suppliers. 3) Update and refine project schedule to include additional detail and logic. 4) Finalize Laboratory Equipment schedule and identify Electrical, Plumbing or Mechanical connections required 5) 100% Civil Engineering Drawings Completed and Submitted for Permit to Health Department, SFWMD and Palm beach County 6) Submit for Building Department Permit Deliverables 1) Permit Issue Design Documents and Specs 2) Updated Project Schedule Schedule The work described in Phase I -B will be completed within approximately four (4) weeks from Owner review meeting to review Phase I -A Documents. 41 4 Mr. Colin Groff April 30, 2019 Page 4 PHASE I -C — GMP DEVELOPMENT This phase includes the services necessary to develop a Guaranteed Maximum Price (GMP) Proposal and Contract to include City 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 7: Development of Guaranteed Maximum Price Proposal 1) Finalize subcontractor/vendor bid packages in accordance with Local and Small Business plan for advertisement and solicitation of proposals 2) Advertise Bid Packages, 3) Receive, analyze, and provide bid tabulations including recommendation of subcontract awards, 4) Finalize project construction schedule 5) 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) Clarifications and assumptions 3) List of allowance and contingencies 4) GMP Book with detail estimate, bid tabulations and project schedule Schedule The work described in Phase I -C will be completed within approximately three (3) weeks from the date of completion of phase I -B and Notice to Proceed. WORK NOT INCLUDED IN THIS PROPOSAL The following items are not included in this Phase 1 Services Proposal: 1) Platting 2) Zoning 3) Land acquisition 4) Securing entitlements 5) Construction Administration services 6) Traffic studies excluded 7) Phase 1 Environmental and Asbestos Surveys are not included 8) Photorealistic renderings are not included 9) Reimbursable budgets for survey, ground penetrating radar and geotechnical engineering are included and to be coordinated by Haskell. At V Mr. Colin Groff April 30, 2019 Page 5 10) A reimbursable budget for travel and printing costs to support the Phase I deliverables is also included. SUMMARY OF FEES Fees shall be billed monthly as progress payments and shall be paid within 30 days of billing. Task 1: Conceptual Estimate Task 2: 60% Design Deliverables Task 3: Survey Task 4: Geotechnical Report Task 5: Ground Penetrating Radar Task 6: Permit Issue Documents Task 7: Develop GMP and Contract Documents Sub -Total Included Included See Below See Below See Below Included Included Total Phase One DIB Service Fee ----------------- ----------------- $ 90,000 Reimbursable Costs —Travel and Printing----------------------- $ 5,000 Reimbursable Costs —Survey, Geotech, GPR ------------------- $ 15,000 Permittina Allowance--------------------------------------------------- $ 30,000 Total Phase One Preliminary DIB Service Fee------------------ 44P Mr. Colin Groff April 30, 2019 Page 6 Allowances 1) Permitting costs have been included as an allowance of $30,000. This is for all direct costs associated with permitting for Civil Permits and Building Permits that are paid prior to the Final GMP approval. Thank you for the opportunity to be of service. We are looking forward to working with you. Sincerely yours, Ste'° Chris Ware Director — Project Development EXHIBIT C CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 I, Peter Kinsley on behalf of The Haskell Company _ certify Print Name and Title Company Name that The Haskell Company does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Design -Builder of the City's determination concerning the false certification. The Design -Builder shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error_ If the Design -Builder does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Design -Builder, I hereby certify that the company identified above in the section entitled 'The Haskell Company" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria, I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Z The Haskell Company ' COMPANY NAME SIGNATURE l Peter Kinsley President - Infrastructure & Transportation PRINT NAME TITLE