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R99-076'1 RESOLUTION NO. R99-7'~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A PROPOSAL FOR PROFESSONAL SERVICES BY GEE & JENSON, ENGINEERS, ARCHITECTS, PLANNERS, INC., TO PROVIDE DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE VISIONS 20/20 OCEAN AVENUE PROMENADE PROJECT; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE SAID PROPOSAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 18, 1999, a City project team met with our City Engineer and Senior Planner contract employees from Gee & Jensen to devise a plan of action and Scope of Work to begin the construction design phase of the Ocean Avenue Promenade; and WHEREAS, the City Commission of the City of Boynton, upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City to accept a proposal for professional services from Gee & Jensen, Inc., to provide design and construction management services for the Visions 20/20 Ocean Avenue Promenade Project, which proposal is attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and accept the Proposal submitted by Gee & Jenson Engineers, Architects, Planners, Inc., and authorizes the Mayor and City Clerk to execute said proposal, which is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ,/.~' day of June, 1999~ ATTEST: Cit~'Clerk s:~eso~+e&Jenson Proposal ~P~de CITY OF. BOYN O B ACH, F,,LORIDA -- Vice Mayor Commissioner ,.~missioner - ~ Commissioner June 1, 1999 GEE & JENSON Engineers · Architects ,, Planners Inc. S~NCE 1951 One Harvard Circle West Palm Beach. FL 33409 Telephone (561) 515-6500 Executive Fax (561 ) 515-6503 Fax (561) 515-6502 Ms. Nancy Byrne ' City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Re: Ocean Avenue Promenade Dear Ms. Byrne: We are pleased to submit the following proposal for professional services in connection with the ocean Avenue Promenade revitalization and streetscape renovation project. Gee & Jenson Engineers-Architects-Planners, Inc., hereinafter referred to as the Consultant, proposes to furnish professional services for City of Boynton Beach, hereinafter referred to as the Client for the scope outlined below for the fees stipulated herein. Scope of Services The Consultant will perform the following: I. Consolidation of Information A. Meet with City staff to review information already available for the project, including budget, construction methodology, construction time line, survey of existing conditions including utilities, easements, property ownership, etc. B. Determine geographic limits of project study area, including all proposed master planning to date (which intersections get pavers, etc.) C. Photograph/Video existing site conditions. D. Conduct two (2) community residents and local business owner input meetings. F:\PRO\bboceanavenubeautification.doc Engineering fi EB 0002934 * Architecture # AA 0000656 * Landscape Architecture # LC C000050 * Land Surveying # LB 0002934 * Interior Demgn # lB 0001020 City of Boynton Beach Attn: Ms. Nancy Byme Page 2- June 1, /999 II. III. IV. As-built Survey to Show Following: A. Existing right-of-way B. Topography C. Easements D. Property ownership lines E. Drainage structures F. Utilities (water, sewer) G. Fire hydrants H. Traffic control devices I. Railroad tracks J. Side streets for drainage tie in. Preliminary Design Concept A. Based upon as-built survey jgformation and the town center master planning, finalize two (2) design concepts to be reviewed by the appointed Community' Development. Committees. B. Prepare specific design criteria for approval (landscape plant palette, paver brick patterns, street furniture, and other amenities such as trash receptacles. C. Prepare overall design scheme showing construction elements for review and approval. D. Prepare opinion of probable cost upon approval of the preliminary design concept by the City. Corridor Plans Prepare the following construction documents (final plans) 1. Landscape plans showing: a) Landscaping b) Irrigation c) Wall features (visions 20/20) d) Irrigation e) Hardscape elements 1) Trash receptacles 2) Street furniture 3) Planters 4) Pavers f) Computer graphics F:XPRO\bboceanavenubeautification.doc One Harvard Circle · West Palm Beach, FL 33409 · Telephone (561) 515-6500 · Fax (561) 515-6502 Engineering # EB 00029~4 * Architecture # AA COOO656 * Landscape Architecture # LC C0O0~50 * Land Surveying # L.B 0~02934- * Interior Design # Il) 0001020 City of Boynton Beach Attn: Ms. Nancy Byrne Page'3 -June 1, 1999 Engineering plans showing: a) Paving, grading and drainage b) c) d) plan (demolition, utility plan and profiles, drainage structures) Roadway markings and signage plan Preliminary traffic control plan Relocation of historic entry gate, urban street plans roadway cross sections, walls and street signage 3. Electrical plans showing: a) Lighting for landscaping and street (outlets for holiday lights, etc.) b) Audio c) Phone Lines 4. Prepare and submit permit application to: a) South Florida Water Management District b) Florida Department of Transportation c) Florida East Coast Railroad V. Construction Phase Services A. Prepare bid documents, conduct pre-bid and pre-construction meetings. B. Conduct bid opening and make recommendation for award. C. Review shop drawings. D. Provide twice weekly construction observation. E. Respond to requests for information. F. Review and approve change orders and product substitutions. G. Conduct one punch list and one final inspection. H. Review and approve closeout. V~. Additional services as mutually agreed upon by both parties. Items to be Furnished by Client At No Expense to the Consultant Assist Consukant by furnishing, at no cost to the Consultant, right-of-way maps, property line information, utility easements and maps, all available pertinent information including previous rel~o~rts; all permit application and governmental inspection fees; and any other data relative to perxormance of the above services for the project. It is agreed and understood that the accuracy an~l veracity of said information and data may be relied upon by Consultant without independent vei-ification of the same. F:kPRO\bboceanavenubeautifi cation.doc One Harvard Circle · West Palm Beach, FL 33409 · Telephone (561) 515-6500 ,, Fax (561) 515-6502 Engineedng # EB 0(~2934 · Architecture # AA COOO656 · Lanascape Architecture # LC C000050 · Lancl Surveying # LB 0002934 · Interior Design # lB [~(301020 City of Boynton Beach Attn: Ms. Nancy Byrne Page 4 - June 1, 1999 Designate in writing a person to act as the Client's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the Client's policies and decisions with respect to materials, equipment, elements and systems, pertinent to the Consultant's services. If no person is designated, the Consultant will assume the individual signing this agreement has authority to act as Client's representative. Time of Performance The Scope of Services will be completed within the following calendar days after receipt of a Notice to Proceed, except for delays beyond the reasonable control of the Consultant. Scope Items Calendar DaYs to Complete I through llI 30 IV 60 V As required by 'Construction, estimated to be 270 days and to be completed not later than 8/9/00. The above noted times of performance are not, however, a warranty or guarantee that the noted services will be completed within such time frame. Fees to be Paid For the following items of the Scope of services, the Consultant shall be paid a fee based on the attached rate Schedule (see Exhibit A) The fee estimates are provided for budget purposes only and should not be considered guaranteed amounts. SCOPE ITEM ESTIMATE I $ 3,000.00 II $ 4,500.00 III $ 20,000.00 IV $ 67,100.00 V $ 41,000.00 F~PRO\bboceanavenubeautification.do¢ One Harvard Circle · West Palm Beach FL 33409 ,, Telephone (561) 515-6500 · Fax (561) 515-6502 Engineering # EB 0002934 · Architecture # AA COOO656 o Landscaoe Architecture # LC C000050 · Land Surveying # LB 0002934 · Interior Design # lB 0001020 City of Boynton Beach Attn: Ms. Nancy Byrne Page 5 - June 1, 1999 In addition to the fees specified above, the Consultant shall be reimbursed for direct non-salary exPenses, including, but not limited to, computer charges, equipment rental, automobile travel at $0.33 per mile, $0.55 per mile for four-wheel drive vehicles, commercial air travel at cost, long diStance telephone, subsistence, printing and reproduction, computer plotting, plus Florida sales taxes, if applicable. We estimate the cost of reimbursables to be $14.000.00. It should be emphasized that this estimate is for budget purposes only and should not be considered a guaranteed amount. Invoices for services rendered are prepared monthly and are due and payable within thirty (30) days from date of the invoice. Client agrees to pay such invoice within the time frame specified in Section 2 ! 8.70, et seq., Florida Statutes, the 'Florida Prompt Payment Act'. Payments which are not received within sixty (60) calendar days from the date of invoice will be considered sufficient cause for Consultant to d~scont~nue performing and providing services until payment in full is received. If Consultant is required to take action to collect past due invoices, the Client will pay all legal fees and costs. This contract shall be governed by the. laws of the State of Florida, and the appropriate venue for an~ actions arising out of the agreement would be West Palm Beach, Florida. If there are items that must be sublet, 'confirmed, certified or updated, the Consultant shall, as agent of the Client, order the work with the Client's approval, and the subcontractor shall bill the Client directly. The Client must make payments in accordance with the terms on the invoice in order not to stop the work. If the Consultant is directed by the Client to handle the subcontract for the Client, there will be a fifteen (15) percent charge for handling. In the event the Consultant is involved in providing services to assist the Client in applying for and processing applications or permits, the fee for such service will not be related to final approval or denial. All application or permit fees to agencies, associated with documents submitted by the Consultant on behalf of the Client, shall be paid to the agency by the Client. If paid by Consultant there will be a 10% processing fee added. F:XPRO\bboceanavenubeautifieation.doe One Harvard Circle · West Palm Beach. FL 33409 · Telephone (561} 515-6500 · Fax (561) 515-6502 Engineering # EB 0(302934 · Architeclure # AA 0000656 · Landscape Architecture # LC C~(:~050 · Land Surveying # L~ 0002934 · Interior Deign # lB 0(~01020 City of Boynton Beach Attn: Ms. Nancy Byme Page 6 - June 1. 1999 Resident Project Services On any project for which construction drawings and specifications were prepared by the Consultant and a certification'of construction is required by a regulatory agency, the Client shall employ the Consultant to perform resident project services for observation of the construction work. Unless the Consultant is engaged for resident project services, they will not be in a position to certify the work to those regulating agencies having jurisdiction and requiring certification. Project representation may require one or more full or part-time project representatives, depending upon the requirements of the project. The project representative will endeavor to provide protection for the Client against observed defects and deficiencies in the work of the Contractor. However, the furnishing of resident project services does not guarantee the work of the Contractor, nor assume liability on the part of the Consultant for job safety or the Contractor's means, methods, techniques, sequences and/or procedures. Shop Drawing & Sampling Review When retained by the Client to provide shop drawing and sample review services, as part of the construction administration phase of a project, the Consultant's-responsibilities are limited to review for conformance with general design con6ept as required in the contract documents only. Specifically excluded from our services are reviews of dimensions, quantities, sizes, construction details, completeness of drawings and means or materials used in fabrication or installation. Estimates Since the Consultant has no control over the cost of labor and materials or over competitive bidding and market conditions, the estimates of construction cost provided for herein are for general information only and are made in accordance with the applicable standard of care. Accordingly, the Consultant does not guarantee the accuracy of such estimates when compared to the Contractors' bids or the project construction cost. Termination This Agreement may be terminated by either party by giving thirty (30) days advance written notice. The Consultant shall be paid for services rendered to the date of termination on the basis of a reasonable estimate of the portion of services completed prior to termination and shall be paid for all reasonable expenses resulting from such termination and for any unpaid reimbursable e>~penses. F:~PRO\bboceanavenubeautifieation.do c One Harvard Circle · West Palm Beach. FL 33409 · Telephone (561) 515-6500 · Fax (561] 515-6502 Engineering # EB 0002934 · Architecture # AA COOO656 · Landscape Architecture # LC C000050 · Land Surveying # LB 0002934 · Interior Design # lB 0(301020 City of Boynton Beach Attn: Ms. Nancy Byrne Page 7 - June 1, 1999 Ownership and Use of Documents Drawings, specifications, and electronic data files as instruments of service are and shall remain the property of the Consultant whether the project for which they are made is executed or not. The Client shall be permitted to retain copies, including reproducible copies, of drawings, specifications, and hard copies of electronic data files for 'information and reference in connection with the Client's use and occupancy of the project. The drawings and specifications shall not be used by the Client on other projects, for additions to the project, or for completion of the project by others provided the Consultant is not in default under this agreement, except by agreement in writing and with appropriate compensation to the Consultant. Code and Regulatory_ Compliance The Consultant prepares his work product based on known codes and interpretations and relies on his experience to evaluate their ap~olicability. Input and comments are often sought from autho'rities having jurisdiction and in many instances, agreements are reached which impact the' work product. When situations arise such as code revisions, changes in interpretations, changes to agreed upon direction, or ~vork performed before required permits or agency approvals are received, the Consultant will take appropriate action subject to the direction of the Client. Services associated with these situations will be compensated for as additional services. F:~RO\bboceanavenubeautifi cation.doc One Harvard Circle · West Palm Beach. FL 33409 · Telephone (561) 515-6500 · Fax (561) 515-6502 Engineering # EB 0(302934 * A~chitecture # AA C000656 · Landscac~e Archdecture # LC C0(X]050 · Land Surveying # LB 0002934 · Intedor Design # lB 0001020 City of Boynton Beach Mtn: Ms. Nancy Byrne Page 8 - June 1, 1999 Acceptance Acceptance of this proposal may be indicated by the signature of a duly authorized official of the Client in the space provided below. One signed copy of this proposal returned to the Consultant will serve as an Agreement between the two parties and as Notice to Proceed. This contract will be binding on the parties hereto and parties' successors and assigns. Should this proposal not be accepted within a period of thirty (30) days from the above date, it shall become null and void. Very truly yours, GEE & JENSON Engineers-Architects-Planners, Inc. . ~" ~~. "" Ru-~sell C. Devick, P.E. Senior Vice President Accepted by: CITY OF BOYNTON BEACH By': Print Name & Title Date: /bf Prop #99-18C - P~T'! ATTORNEY / ---. F:~RO\bboceanavenubeautification.doe One Harvard Circle · West Palm Beach. FL 33409 · Telephone (561) 515-6500 · Fax [561) 515-6502 Engineering # EB 0002934 · Architecture # AA COOO656 - Landscape Architecture # LC C000050 · Land Surveying # LB 0002934 · interior Design # lB 0001020 GEE & JENSON ENGINEERS-ARCHITECTS-PLANNERS, INC. SCHEDULE A 1999 TITLES SENIOR PRINCIPAL PRINCIPAL SENIOR TECHNICAL SPECIALIST PF{OJECT'MANAGER SENIOR ENG-ARCH-PL.NR-SURV E PLANNER/ENGINEER (ENTRY LEVEL) CADD DESIGNER SENIOR DRAFTER-TECHNICIAN CADD DRAFTER DRAFTER TECHNICIAN FI ELD REPRESENTATIVE SECRETARY COMPUTER TECHNICIAN SURVEY CREW: 4. Person 3 Person 2 Person RESEARCH CONSULTANT ~IGINEER-ARCHITECT-PLANNER-SURVEYOR HOURLY RATES 150 125 95 85 80 65 50 65 50 45 55 30 55 100 85 65 45 COMPUTER TIME CADD WORK STATIONS - PER HOUR 24 PERSONAL COMPUTERS (PC'S) - PER HOUR 8 RATES EFFECTIVE THROUGH DECEMBER 31, 1999 One Harvard Circle * West Palm Beach. FL 33409 * Telephone (561) 515-6500 · Fax (561) 515-6502 Engineering # EB 0002934 · Architecture # AA COOO656 · Landscape Architecture # LC C~ · Land Su~'eying # LB 0(X)2934 · lntecio~ Design # I~. 0001020