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R91-108RESOLUTION NO. Rgl-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CiTY CLERK TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND GEE AND JENSON, INC; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton iBeach (CITY) has determined that it is necessary, expedient ~nd to the best interest of the City to retain a consultant po render and perform consultin9 and other professional ~ervices in. connection with the preparation of a Master Plan ~nd subsequent architectural, landscape architectural and ~ss0ciated engineering services for th~ design Of four (4) park sites being Meadows I, Meadows ii, Boynton Lakes and Quantum Park; and WHEREAS, the City desires to engage the firm of Gee and Ienson, Inc. on a contract basis, subject to periodic ~enewal and agreement, for specific work assignments as per :he authorization procedures hereafter set forth in Exhibit 'A" attached hereto. NOW, ~HE~ORE, BE IT RESOLVED BY THE CITY COMMISSION ~F THE CI~TY;OF BOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor and City Clerk are hereby iirec~ed to execute an Agreement for Professional Services %greement between the City of Boynton Beach, Florida and Gee ~nd Jenson, a copy of said Agreement being attached hereto ~s Exhibit "A". Section 2. This Resolution immediately upon passage. shall take effect PASSED AND ~OPTED this ~ day of July, 1991. CITY OF BOYNTON BEACH, FLORIDA ~a'yor (_/C6~mis s loner ' ~TTE ST ~' CbrporaJte-Seal) CITY OF BOYNTON BEACH AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into this day of , 1991, by and between:the CITY OF BOYNTON BEACH, a political subdivision of the State of Florida hereinafter referred toasthe "OWNER", and Gee and Jenson, Inc. 1 Harvard Circle, West Palm Beach] FL 33409 hereinafter referred toas the "CONSULTANT". Master Quantum park sites. determined that it is necessary, interest of the OWNER tot retain a other )aration of a ~rchitectural the design of · Boynton Lakes and to engage the CONSULTANT on a , for per~ the NOW, T~E~RE, the Ra~ties hereto do mutually agree as follows: SECTION 1. EMPLOYMENT OF THE CONSULTANT The ~ ( to CONSULTANT and the CONSULTANT agrees er described. SECTION 2. SCOPE OF SERVICES ~sign d may eslgnate, as'follows: do, perform and carry out in a oper manner all duties related to the of the four (4) park sites as the as defined by specific work assignments Work Assignment 1: Work Assignment 2: Master Plan Design, Construction Documents, and Construction Phase Services. Bidding 2.2 Work Assignment 1 is defined in BASIC SCOPE OF SERVICES EXHIBIT A, attached hereto and made a part of this agreement. The scope of services for Work Assignment 2 will be determined upon mutual agreement of CONSULTANT and OWNER, prior to authorization to proceed with such services. In the event the parties are unable to reach a mutual agreement with respect to Work Assignment 2 OWNER ~otify CONSULTANT in writing that CONSULTANT'S services will not be required for Work Assignment 2. CONSULTANT shall not be entitled to any form of compensation for work associated with Work Page 1 of 7 Assignment 2 until such time as the parties have reached a mutual written agreement SECTION 3. OWNER'S RESPONSIBILITIW~ The OWNER shall-do 3.1 Designate OWNER's Assignment. 3.2. Furnish 'act ~on the Work 3.3 ~ 3.4 Perform.. such~other~ 3.5 No act or omission foregoing claim by time to that any act prevent timel promptly reasonable action of · SECTION 4. TIME OF COMPLETION~ . 4.1 The services to be rendered commenced upon written~.~n0tice shatl be schedule, unless of the OWNER and CONSULTANT. by 4.2 EXHIBIT "A" BASIC to Proceed OWNER and 4.3 WORK ASSIGNMENT 2 in may be mutually SECTIONS. COMPENSATION the with by Twelve by mutual: 11 be ~io~ o~ clpate or ~ke be work Notice of rformed which Page 2 of ? $.! The OW~R agrees to pay the .CONSULTANT a maximum .total of SIXTY-EIGHT ..THOUSAND ~NE H~DRE~ FOUR A~D NO/100 Wa}Ch ~pun~ inClud~ an~ ~o~ts assco~ta%~d for work s~consu~n=s r~ard~e~e of-the actual time for completion as set f~ ~0ve. ' ~ 5.2 If additional subconsultant services such as a sea grass survey or~ Ot le~ ~he O~TER. Fees proceed with ta$~s to be ~ 5,3 including work £ee or 6.1 6.2 If OW~km. and mon=hly invoices for servicem and Suboonsultents breed on the of ~he work mutually =g~ed by O~ The O~R sh~ll ~ake P=O~ ~ mon~ly ONSU~'s ~ly ~ta~m~ts. in SECTXON~ AD~HOK~A~ION OF~ WORK AS~I~RHEI~ 7.1 All or in add~io~ to ~BIT 'A~ - be au~orized in ~i~ing in purchasin~ ~1~ prior to any the ~SULT~. Au~orization shall be e~ibits attached hereto and ls to make any payment due to t~he CONSULTANT invoice, ~e coNSu~T~ ~ after day~ ~t~ten notice to the O~ ~uspend ~e' CONSULT~ has been pa~d se~oes ~erfo~ed ~rou~ 7.2 Additional ,authorizations may contain additional instrUctlODs O~ :provisions specific to the authorized work for ~e pUrpOSe'of eXPanding upon certain aspects o~ this Agreement per~nent t~ the work to be Undertaken. Such supp!ement~l ~nstr~ctions or provisio~' shall ~ot be const~ct~ a~ a ~odific~tio~ of ~is A~reement. Au~orizations ~hall be dated ~d serially nu~er~. Page 3 Of ? for the purpose of expanding upon certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instructions provisions shall not be constructed as Agreement. SECTIONS. COST CO~RO?, 8.1 .rations in said 9.1 Of the the over · that from bY the be and ein mailed as Tg~heOWNER: To the CONSULTANT: Attention: Attention:~ Charles Frederick~ Director of Parks ~n.d~Recreation or addressed to either party at such other address as such party shall hereinafter furnish to the other party in writing. Each such notice, r~queSt, or authorization sha%l be deemed to have been duly gi~en~w~en so delivered, or, if Page 4 of 7 mailed, when deposited in th~ mails, registered, postage paid. SECTION 10. GENEl~AL CONSIDERATIONS 10.1 Ail documents, including reproducible copies cf original drawings,-estimates, specifications· field notes, and design da~a are end remain the property of the OWNER. In the event the OWNER uses said documents on any projects not covered in this contract, it shall indemnify and save harmless including legal-fees and costs, of the stated reasons that may be assoc~ the damage claims. 10.2 ement may be terminated by either party with or ~ cause by ninety (90) days wrStten- notice to the Im the event of. any te~ination, iCONSULTANT wii e paid for a%l services re~dere~ and approved reimbursable expenses incurred to date of termination upon properproof thereof. 10.3 and CONSULTANT each is hereby bound and the ~s~ccessors, executors, dmlnlstrators, and legal of the OWNER and CONSULTANT (and to the paragraph 10.4, the assigns of the OWNER are hereby bound to the other party of this and to the partners, ~uccessors, executors, and legal ~epresentatlves (and said assigns) party, in respect of all covenants, · and obligations of this Agreement. 10.4 The CONSULTANT shall not assign, sublet, or transfer any under or interest in (including, but without moneys that may become due or moneys that are due) this Agreement or subsequent Work Assignment without the written consent of the other, except to the extent that subletting, or transfer is mandated by law this limitation may be restricted by law. Unless specifically stated to the ~ontrary ~n any written con~ to any assignment, no assignment will release or dis. ~ the ~ssignor from any duty or resDonsibilltv under this:Agreement. Nothing contained in thi~ paragrap~ shall prevent the CONSULTANT from employing such independent professional associates, subcontractors, and consultants as it may deem appropriate to assist in the perfermance of services deiineated in subsequent Work Assignments. The OWNER hereby acknowledges and approves the following subconsultants: 10.5 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the OWNER and CONSULTANT, and all duties and Page 5 of 7 responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and CONSULTANT and not for the benefit of any other party. 10.6 This Agreement with the entire )its constitute e amended, executed pay any 10.8 other 'this AgrE not for will are tot 10-9 ~ien for to and to be executed o~ the nob- governed ~y~,the Aaws.l,of~,t~:State of WIIEREOF, the parties' t~ereto have~ these Attest: City Clerk CITY OF BOYNTON BEACH By: City Manager Page 6 of ? ! Topoc~aphic on a 4" in An~12sis o~ Developmen~. Potential 2 note site :conditions as well as i ,=ovements ~£thin adJaoent ~al aoc~ss pof~ts, d=a~a~e, views to ~d; from site, a~d sun or .on. ~atMze repo~s, maps, s=a=us of /? Approved~ to/~egal sufficiency: ¢i y At~6rney (~// JAC\Lrns 6/25/91 CONTRACT to be combined in I each site will co~pone~tst ~hose in interested and 2 sites obaerva~£on$ ~ of for sites areas, o~e-~ where walls areas &d~ac~t other relevant · ~ ~ ~:~ 3.2 Prepare sketch plans ~or eac~ S~e ~d~pic~ing general s!t~ screening (if oroposed~, ~ relevant ~'in~ormation. ~ 3.3 Attsn~ one (1)'meeting with ~ity sketch plans anathe~r sultabili~y includlng~o£C~zen preferences/ proposals. P=epmwe summary minutes E=o~ this meet=ng an~ ~o=ward tO C~ty! $.4 Refine an~ up,ate both sketch plans!for esch~si%e based concepcOsl master 'i~lans with] relate~ p,=obable development 11-201 -2- 3.5 Presen~ cenceptual~s~r'pla~ and as .~e~ori~ed £~ ~:4 to CltyCo~iss~on inworks~op~to ~e a~rangea ~y City scaz~. Following the mee=lng~ ConsUltant shat1 make modifications or complete ~urther studies based ~ comments received at workshop. Provide Ci=y wi~h tWenty:;five (25) copies of each Conceptual .~aster Plan aad repor=,~ ~ on plans. through (4) ~lans ~h pre cost The received and discussions. e Final $~te Plan and Preliminary En~ineerin~ Analyses- .Quantum sate 4.1 Mee~ wi~h City and County permit=in~ a~encies as well as South F~orida Water Management District ($~W~D) =o establish and r~vte~ permitting requirements, design criterma, an specific siteco~cerns regardin~ earthwork, roadway, stormwa~er, wastewater, ~nd wateT systems, as well as plannin~ and zoning speeJifics ~O= the Quantum site. 4.2 Refine/revise Conceptual Master Plan and report based on results of Task 4.1 to clarify design/program issues prior to preparation of final Site Plan for the Quantum Site. 4.3 Prepare final Site Plan for the Quantum Site at scale of one inch equals forty fee= or other approprla=e scale to fit 24"x36" sheet. Prepare a detailed report for the park incorpgrating .pertinent environmental information, soils analysis, utilmty connections, stormwater managemen= plan, deve%~pmen~ program, co~t estimates, description of citizen participatzon and potential/recommended phasing of develop- ment. Prepare a schematic u:il~ty, roadway and drainage plans for the Quantum park ~£te. Prepare preliminary oone=zuctlon quan=it~ takeoffs for each ~ite and oon~tru~tion cos= estimates based upon the final Si~e Plan. 4.4 Provide Client twenty-five (25) copies Of the final Site 91an an~ detaile~ reporn; an~ one (1) rendered copy of the Site Plan. 11-201 -3- 5 .~ Additional' SedUces i: staf£, and 11-201 -4- Proj~C! SK. 2, 1, 51te U:~Lt 2 3,5 r 2 ~ 3 4 3 2,4, ~iotaI Fe~: ~723 '1~00~ ~ ~ ~320 ~ S1~7 S%3~43'5 'Ill, :o~tual flas:~ Pl~ 6 ~,4, :~ce?uei ~er ~lan 2 I 8 8 3 ~,S. Cttc ~o~[ss~on ~o~ks~p 1.5 , Subtota~ ~u~s: 0,0 0.0 0.0 O.O 0.0 0.0 O.O 0,0 5.2. C~pui~r ~Ubt:t~[ H~urs: 0 0 0 0 0 0 0 0,0 Subtotal Fee: 0 0 0 0 0 0 0 SO R[T~U~ABL[$; ~IH~I~AL (hfs) Yel~h~es ~ TOTAL ~:I~UR~BL~ S ],~OO flisct ~50 (lncludos.G~techrlcai ~ ~) CONTI~EN~ T. T~Q en~ PLat '2 Il. ~a[~s~5 ~eve~nt 2.~. ~t~hmcal t s~l ~ur[:~ ~ ..~: ~ o a .: ~o ~. ~.;: 43.5 iii, C~ p~ual ~a~*~ Plan ~ : 3,2. gt ~lch ~tan~ 2 3.¢. ~piuai ~ster ~lan 2 3. S. :~y~:~is~on g~r~shbp 2,~1'5 ~, I. ~ter ~ana~nent Perml~ 5,2. Co~ter I~gm8 S~t~tal Hou-s~ 0 0 ', 0 0 0 0.0 S~tolal Fe~: 0 0 Teleph~es: TOT~ ~I~U~SRBLE~ $1.200 II. ~na[~szs Oevelopu~t ~t~ll I 2.5. ~;~h~orhcC{ ~tin~ 2 2 [Ii, Cc~e~tual ~a~ter Pl~ .... ' 3.1. ~aso ~ap I 2 9 3.2. 5~t~h Plans 1.5 ~ 7.5 ~ l 3,~, '~Dncept~al ~asler Plan 2 i 6 3 3 ~,6. Pre~titlon o( ~t~el I l ~u~t~{el ree~ ~1,~)~ $i,600 t3,770 GO ~t,~ ' $0 $275 g~total Hourst 0.0 0,0 ~ 0.0 0.0 0.0 O.O 0.0 0.0 S~t ora2 ree~ $0 SD $0 ~0 ~ SD' s0 5.1. ~ater ~afla~e~t ~r~tt Subt~taI Hours~ 0 O 0 O ) D -Oi O O.O , Sup~otal Fee: 0 0 0 0 0 0 0 S0 ~ ~I~UaSABL:S: Pa~NCIP~ (h~) 5 ~TE: ~125 S625 lele~h~e=, TOTAL ~EI~U~BLEi S2D0 H~sct ~50 CONTINGeNt: ~e~rcdu:uoni: S50 TOIAL FEEl ~,2, E~yzro~ntel ~sesm~nt ~ ~ 2 ~,~, ~et~n~ ulth ~{al; ' 1.~ I.~ m ~ 3 5. C~:~g C~lsS:cn Oorks~p : 1.5 i. 4.2, PLan ~?v~s~ 1.~ 3 ~ 4 1 +.3. F.L~i Site Pla~ - Plann~ %% ~an Ore~zrg e ~e~rt t ~ S~,~ ~a qcu~Sl 10.5 1B, O 32.5 O,O 34.0 0.0 i3. O lOB.O I. Addl~a} Services 5.2, C~Ou~er Teleph~es, TOT~ ~:] ~V~ABLi~ S2, 050 M;sc: $1,850 (includes 8eot~hn~al E ~lB~) ~ONTiNB~N~Y{ ~gOro~cl lons~ S100 TOTA~ FEE: