R00-142
RESOLUTION NO. ROO- lY2.
I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH
AND WALLACE, ROBERTS & TODD, TO PROVIDE
MASTER PLANNING, DESIGN, AND ENGINEERING
SERVICES FOR THE DEVELOPMENT OF INTRACOASTAL
PARK; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 4, 2000, the City Commission authorized the City
Manager to negotiate a contract with Wallace, Roberts & Todd (WRT) consultant
services, to provide Master Planning, Design, and Engineering Services for the
development of Intracoastal Park; and
WHEREAS, the City Manager has successfully completed negotiations with
WRT for a fixed fee of $150,000; estimated charges for Miscellaneous Fees, Surveys
I
and Permitting are $20,000 and the estimated charges for Construction
Administration is $35,000, totaling $205,000; and
WHEREAS, the City is currently finalizing an Interlocal Agreement with Palm
Beach County to develop Intracoastal Park, in the amount of $1,700,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby authorize and direct the Mayor and City Clerk to execute Contract between
the City of Boynton Beach and Wallace, Roberts & Todd, which Addendum is
attached hereto as Exhibit "A" and made a part hereof.
I
Section 2. This Resolution shall become effective immediately upon
passage.
\\CH\MAIN\SHRDATA\CA\RESO\Agreements\WR&T Agr 101000.doc
PASSED AND ADOPTED this /7 day of October, 2000
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, FLORIDA
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Mayor Pro Tem
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Commissioner
\ \CH\MAI N\SHRDA T A \CA \RESO\Agreements\WR& T Agr 101 OOO.doc
OCT-04-2003 lE:49
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P!'lilll~.lpt\ia
COfel Gables
Dallas
Llk, PI.~io
5en Diego
~an Francisco
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W~LLACE ~08ERTS & TJDD.
305 443 8431
P.C2
:>Ianning & Design
September 22. 2000
John Wildner, Parks Superintendent
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33426
Re: Construction Documents for Intracoastal Waterway Park
Dear Mr. Wildner:
Wallace Roberts & Todd, LLC (WRT) is pleased to present this proposal to provide
master planning and design services for Intracoastal Waterway Park. Joining WRT to
provide civil and environmental engineering services will be SunTech Engineering.
PROPOSED DESIGN FEES
The WRT team proposes to complete full professional services for design and
preparation of construction documents for the site and architectural improvements
identified in the revised master plan budget estimate attached. This budget estimate is
based on your comments regarding revisions to the previous master plan prepared by
this office. The final project construction budget will be determined at the conclusion
of the Master Plan Revision.
1) Master planning. design and engineering services for a fixed fee of $150,000.
2) Budget Estimale for Miscellaneous Fees, Surveys and Pennitting, $20,000.
3) Budget Estimate for Construction Administration, $35,000.
This proposal is subject to change pending the final revision of the master plan.
Additional information and surveying may be required by permitting agencies and
will be billed as an additional service.
If this proposal meets with your approval, please contact me regarding the necessary
procedure to establish a forma) contractual agreement. If modification of this
proposal would better suit your needs, please contact me.
Regards.
Wallace Roberts & Todd, LLC
191 Girlllda Annue, Pentl10llli
Coral Gables, FL 33134
3Q5.448.0788
www.wrtdesigll.com
fax 305.443.8431
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CONSULTANT AGREEMENT
THIS AGREEMENT, is entered into between the City of Boynton. Beach, hereinafter referred to
as "the City", and Wallace, Roberts & Todd, LLC, hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform master
planning, .design andengim~ering services for development of City's Intracoastal Park.
See. the September 22, 2000 proposal for "Construction Documents for Intracoastal
Waterway Park" attached hereto as Exhibit "A" and made a part of this agreement
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on
Exhibit f'A", including the provision of all labor, materials, equipment and supplies. The
extent of work shall be as generally .depicted in . "Intracoastal Waterway Park, Master
Plan, Alternate A" dated 12/15/98, attached hereto and made a part hereof subject to
Master Plan revisions. to be determined in this Scope of Services.
3. CONSTRUCTION DOCUMENT PHASE. Based on the approved design development
documents and any further adjustments in the scope or quality of the project or in the
construction budget authorized by the City, the Consultant shall prepare for City's
approval, construction documents consisting of drawings and specifications setting forth
in detail the requirements for the construction of the project.
The Consultant shall assist the owner in the preparation of the necessary bidding
information, bidding forms, the conditions of the contract and the form of agreement
between the City and Contractor.
The Consultant warrants that the plans and specifications prepared will be consistent with
professional skill and care to accomplish the purposes ofthe project and thatit will apply
all reasonableness and due care in preparation, which shall be in compliance with all local
standards and codes.
The Consultant shall advise the owner of any adjustments to previous preliminary
estimates of construction cost indicated by changes in requirements or general market
conditions.
The Consultant shall assist the City in connection with its responsibility for filing
documents required for the approval of governmental authorities having jurisdiction over
the project.
4. TIME FOR PERFORMANCE. The consultant's responsibility to provide services
under this contract shall commence upon execution of this document by the parties and
shall terminate sixty (60) days after final completion of the project~
5. PAYMENT. The Consultant shall be paid a fixed fee of $150,000 for the work specified
in Exhibit "A". for the master plan and construction plans to specs. Additional costs are
as Jollows:estimated charges for miscellaneous fees, surveys and permitting $20,000;
revised estimated charges for construction administration $68,000;. (please see attached
Exhibit "BH.) Thetotalestimatecicontract value is $238,000. The City will pay for all
compl~tedwork andJorservices rendered under this agreement as follows:
a. The fixed fee for this agreement shall be subject to mutually agreed upon
modification should the scope of work indicated in "2. Scope of Services"
materially change as a result of the Master Planning Phase of work under this
agreement.
b. The Consultant may submit invoices to the City once per month during the
progress of the work for partial payment for work completed to date. Such
invoices will be checked by the City, and upon approval 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 ;vork under this agreement and it's 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 complete the work.
e. The Consultant's records and accounts pertaining to the 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.
Any additional services required by permitting agencies not specifically listed on Exhibit
"A" will .be billed as additional service to the City. Additional fees if required will be
billed separately at actual cost plus 10%. Hourly billing rates shall be updated January
15,2001 and incorporated herein as Exhibit "C". Billing rates subject to modification in
January and July of each calendar year.
6. OWNERSHIP AND USEOFDOCUMENTS. All documents, drawings, specifications,
and other materials produced by the Consultant in connection with the services rendered
under this agreement shall be the property of the City whether the project for which they
are made is executed or not. The Consultant shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with Consultant's endeavors.
7. SITE VISITS. The Consultant shall.visit the site at intervals appropriate to the stage of
construction or as otherwise agreed by the City and Consultant in writing to check 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 qocuments. On the basis of on-site observations by. the
Consultant, the Consultant shall keep the City informed of the progress and quality of the
work, and shall endeavor to guard the City against defects and deficiencies in the work.
Although the Consultant shall not be. required to make. exh~ustive or continuous on-site
inspections to check the quality or quantity of work, Consultant shall carefully review the
quality and quantity of the work atJeast on a week~y basis as part of consultant's basic
contract . services, shall issue written reports of observations made during site visits and
further shall conduct any additional site visits and observations as. an additional service
hereunder at any other time requested by the City.
8. COMPLIANCE WITH LAWS. Consultant shall, in performing the services
contemplated by this.agreement, faithfully observe and comply with ali federal, state, and
'locallaws, ordinances and regulations that are applicable to the services to be rendered
under this agreement.
9. INDEMNIFICATION. Consultant shall indemnify, defend and hold hannlessthe City,
its officers, .agents and. employees, from and against any and all claims, losses or liability,
or any portion thereof, including attorneys fees and costs, arising from injury or death to
person, the employees, or damage to propertyo~casioned by a negligent act error or
omission of the Consultant. .
10. INSURANCE. The Consultant shall secure and maintain in force throughout the duration
of this agreement, workers compensation, comprehensive general liability insurance with
a rninimumcoverage of $1,000,000 per occurrence and professional liability insurance in
the amount 0[$1,000,000. See the Insurance Advisory Form attached hereto as Exhibit
"D." Said general liability policy shall name the City of Boynton Beach as an additional
named insureq and shall include a provision prohibiting cancellation of said policy except
upon thirty (30) days prior written notice to the City. Certificates of coverage as required
by this section shall be delivered to the City prior to execution ofthis agreement.
11. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the
Consultant is an independent contractor with respect to the services provided pursuant to
this agreement. Nothing in this agreement shall be considered to create the relationship
of employer and employee between the parties hereto. Neither consultant nor employee
of consultant shall be entitled to any benefits accorded City employees by virtue of the
services provided under this agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an
employer with respect to Consultant, or any employee of Consultant.
12. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has
not employed or retained any company or person, other than a bonafide 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 person, other than a bonafide employee working
solely for the Consultant, any fee, cormhission, percentage, brokerage fee, gifts, or any
other. consideration. contingent upon or resulting from the award or making of this
contract. For breach or violation of this warranty, the City shall have the right to annul
this contract without liabiJity or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, c ornmissi on, percentage,
brokerage fee, gift or contingent fee.
13. DISCRIMINATION . PROHIBITED. The Consultant, with regard to the work
performed by it under this agreement, will not discriminate on the grounds of race, color,
national origin, religion, creed, age, sex or the presence of. any physical or sensory
handicap in the selection and retention of employees or procurement of materials or
supplies.
14. ASSIGNMENT. The Consultantshall not sublet or assign any of the services covered by
this agreement without the express written consent of the City. Consultant shall retain
services of structural, civil, mechanical,electrical, and plumbing engineers.
15. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this?greement shall not constitute a waiver of any other
proVISIon.
16. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten
(10) days written notice to the Consultant. Consultant shall be paid for work
completed up to the date of termination.
b. In the event of the death of a member, partner or officer of the Consultant, or any
of its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this agreement,
if requested to do so by the City. This section shall not be a bar to renegotiations
of this agreement between surviving members of the Consultant and the City, if
the City so chooses.
17. DISPUTES. Any dispute of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
18. NOTICES. Notices to the City of Boynton Beach shall be sent to the following
address:
"
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
A TTN: City Manager
Notices to Consultant shall be sent to the following address:
ATTN:
19. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this
agreement, or the Occurrence of any event rendering any portion or provision of this
agreement void, shall in no way affect the validity or enforceability of any other p~::>rtion
or provision of the agreement,. Any void provision shall be deemed severed from the
agreement and the balance of the agreement shall be construed and enforced as if. the
agreement did not contain the particular portion or provision held to be void. The parties
further agree to reform the agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
20. INTEGRATED AGREEMENT. This agreement, together with attachments or
addenda, represents the entire and integrated agreement between the City and the
Consultant and supersedes all prior negotiations, representations, or agreements written or
oral. This agreement may be amended only by written instrument signed by both the City
and Consultant.
DATED this ~- day of
/J(~
2001.
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Approved as to Form:
Attest/Authenticated:
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s:ca\Agreements\Consultant Agreement F 2
Secretary
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Exhibit "A"
Planning & Design
September 22, 2000
John Wildner, Parks Superintendent
City of Boynton Beach
1 00 East Boynton Beach Boulevard
BoyntonBeach, FL 33426
Re: Construction Documents for Intracoastal Waterway Park
Dear Mr. Wildner:
Philadelphia
Coral Gables
Dallas
lake Placid
San Diego
San Francisco
Wallace Roberts & Todd, LLC (WRT) is pleased to present this proposal to provide
master planning and design services forIntracoastal Waterway Park. Joining WRT to
provide civil and environmental engineering services will be SunTech Engineering.
PROPOSED DESIGN FEES
The WRT team proposes tOi" complete full professional services for design and
preparation of construction documents for the site and architectural improvements
identified in the revised master plan budget estimate attached. This budget estimate is
based on your comments regarding revisions to the previous master plan prepared by . R
this office. The final p~oject construction budget will be determined at the conclusion \ ~\v\
of the Master Plan ReVISIon. I'. ~\
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1) Master planning, design and engineering services forafixed fee of $150,000.( ~\
2) Budget Estimate for Miscellaneous Fees, Surveys and Permitting, $20,000;,W^\-...V
3) Budget.Estimatefor Construction Administration,~. h'&J wro \I
This proposal is subject to change pending the final r~~sidf3o~)t~O~aster plan.
Additional information and surveying may be required by permitting agencies and
will. be billed as an additional service.
If this proposal meets with your approval, please contact me regarding the necessary
procedure to establish a formal contractual agreement. If modification of this
proposal would better suit your needs, please contact me.
Wallace Roberts & Todd, LLC
191 Giralda Avenue, Penthouse
Coral Gables, Fl33134
305.448.0788
www.wrtdesign.com
fax 305.443.8431
.
Exhibit liB"
Memorandum
To:
Bill DeBeck
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beath, FL33425-031 0
Date: February 13, 2001
From: Kevin Might rW
Ref. No.
Project: Intracoastal Park Proposal
Re: CA Services, Revised
Fax: 561-742-6285
Tel: 561-742-6286
CC: File
'Bill,
Based on our conference call .Iast week, I have discussed with Gerry Marston and Alyn
Pruett raising the number of site visits during construction to one (1) visit per week,
rather than the proposed sixteen (16) in the draft copy of the Consultant Agreement.
The fee for Construction Administration services as such would be $68,880 and based on
the following criteria:
· A construction period of (9) months
· (1) visit per week with a report by the WRT Project Manager
· Mileage and travel time to Boynton Beach from Coral Gables.
· Direct expenses.
· Site visits at levels of construction as deemed appropriate by WRT
Subconsultants including:
· Civil Engineering
· Structural Engineering
· Mechanical, Electrical, Plumbing Engineering
· Irrigation Design
Please note also that due to staff pay changes, billable rates are subject to modification
each June and January and the above fee may be modified accordingly.
If this proposal meets with your approval, please contact me or one of the Principals,
Gerry Marston and Alyn Pruett, to establish a formal contractual agreement. If
modification of this proposal would better suit your needs, please contact one of us.
K:\971243.000 Boynton IntracoastaNntracoastaf Proposafs\CA Services Memo 2-13-01.doc
Wallace Roberts & Todd, LtC
191 Giralda Avenue, Penthouse
Coral Gables, Fl 33134
305.448.0788
www.wrtdesign.com
fax 305.443.8431
.
Exhibit "C"
Wallace Roberts & Todd, LLC
Hourly Rate Schedule
2001
Principal
$ 180.2101hr.
Associate
$ 120-1501hr.
Professional Staff
$ 70-901hr.
Technical Staff
$ 50-75/hr.
Clerical Staff
$ 40-50/hr.
Sun Tech Engineering
~ Hourly Rate Schedule
2001
Principal
$ 100/hr.
Professional Staff
$85-95/hr.
Technical Staff
$ 60/hr.
Clerical Staff
$ 301hr.
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City: of Boynton Beach.
RiskM/lIfagement Division EXHIBIT "D"
INSTlRANCE AnVISO~V FORM
Under the ~ an~ couditiODS of all COntraCTS, 1eucs. and a~emcnu. the City rectttires appropriate c:ovenges
listing the City ofBo)'UlQll.Beach a.tA.dditiocalInsured. This is done by providing; Certificate ofIDsur.mce listing
the. City as "Certificate. Holder'" a.ad "The City of Boynton Beach is Additioc.a.l . Ins1.1.tt:ci as respect to liability."
Iasun.ncecompilUc::sprovidiug ~e coverages must m\'e a cuxrent rating by A.M. Best Co..of "B+" Of higher.
(NOTE: All i1lSUTant:e conn-ael orbiruiermay be aeeepred as proof of i1U1lrQlJCe if Certifica~ is pl"QIJidedupon
fe/eeliarr pI yelldo,.). The fo lJowmg isa.list of types of insurance required of COtltcr.aor5.lessces. .ctt'.. and !'be limits
requirc:dby.the City: ... (NOT!;: . ThiJ. tist is not aU inclwive, and tbe.Oty ~s~rve$tber1ght. 10 require
additiol11lrypesoCin..surance.,or to n.fse or lower the Jtated limits, baseciupon IdentilIed risk)
D2E. (Occ:urrenc:e BlLSed. Only)
General Liability
. Coa:u::nerci.a.l General Liability
0wDct, & CoUtr3.\;tOr's Prot.
Liquor Liabilliy
Professioml Liability
Employees&Offi~
Polliuiol1 Liability
Asbestos A~nr
Lead Paint Abatement
Broacl~orm Vendors
Pr>-mi~ ~tiOllS
Uaq\rI~Qund Explosion & Collapse
Proc:&c COmpleted Opcmioas
Con~ ..
rnd~t COlUr.lCtGrs
Broad .Orm ho,-" 'Y DumKe
Fi . Liability
B. i. Risk (I.imiu based on Projec:t COSE)
Automobile Liability
AAy AtlfO
All.Qwaed Autos
SCbeti'lled Autos
Hired'AutDS
NO~AWO:s
PIP B-.sic
lntermadal
M1NTMT~ LIMlTS'I~JF:OUTRJ:D
Geacral Aggregate
ProductS-ComplOp Au.
Pcaoaal & Adv. Injury
. .Each OCCtmeuc.e
Fire Damage (Ul}' one file)
Med. Expcme (anyoac person)
Combined Single Limit
Bodily Injuxy (perpetson)
Bodily Injury (pc:raccidcm)
Property Damage
Trailer ~hlnge
S 1.000,000.00
Jl.000.000.00
$ 1.000,000;00
S 1.000.O@.OO
S 50,000.00
S S,ooO.OO
S 500.000.00
to bt: cictcn:nincd
robedctermincd
to be detemtiDed
S 50.000.00
Garage Liabiijty
AnY.~Uta .
Gmge Kcepca Liabi1icy
AutO 00y. Each Aecid=t
Otberl1w1 AUla Only
Ea.c:h Accident.aAggregate
S 1.000.000.00
S 100;000.00
S 1.000,000.00
S 1.000.000.00
Excess Liability
Umbfclla Form
Eacl1 <kcum:1l~
Aggn:gar.e
to be dc1crmiDed
to be determined
Worker's Compensation
EmplOyer's LiabwC)'
Each Accident
Dis.cuc. Policy Limit
Disease Each Employee
StatUtory LamtS
S 100.000.00'
S 500.000.00
$ 100,000.00
Other - As Risk Idcmffiecl
'.
tobederetmiacd
rNSt.lRA.HCEADvrSORYFORM03
Revillei 0112000
20 .