R03-060
II
RESOLUTION NO. R03-0bO
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE EXECUTION OF A CONSULTANT AGREEMENT
FOR ARCHITECTURAL/ENGINEERING SERVICES FOR
THE EXPANSION OF THE LffiRARY (RFQ#024-2413-
03/CJD) TO SCHENKEL & SCHULTZ, INC., IN THE
AMOUNT OF $492,895.00; AND PROVIDING AN
EFFECTNE DATE.
WHEREAS, on April 1, 2003, the City Commission authorized staff to negotiate a
ontract with Schnekel & Schultz, Inc., and the attached Consultant Agreement is the result
f those negotiations; and
WHEREAS, the City Commission deems it appropriate and in the best interests of
he citizens and residents of the City of Boynton Beach to enter into an agreement with
chenkel & Schultz, Inc., for design services, permitting, bidding services, along with
onstruction administration for the expansion/remodeling of the library.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and
onfirmed as being true and correct and are hereby made a specific part of this
esolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
ereby authorize and direct execution of a Consultant Agreement with Schenkel & Schultz,
c., for design services, permitting, bidding services, along with construction administration
or the expansion/remodeling of the library, a copy of which Consultant Agreement is
ttached hereto.
Section 2.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of April, 2003.
Commissioner
sultant - Schenkel & Schultz - Iibrary.doc
~
R03-0~O
CONSULTANT AGREEMENT FORM
RFQ FOR
"ARCHITECTURAL/ENGINEERING SERVICES FOR THE
EXPANSIONIREMODEL OF THE LIBRARY"
RFQ#024-2413-03/CJD
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and SCHENKEL & SCHULTZ. INC.. 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 Consultant
services in connection with the project designated.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"A" attached hereto, including the provision of all labor, materials, equipment and supplies.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant shall perform all services
and provide all work product required pursuant to this agreement within an estimated 675
days. from the date written notice is given to proceed, unless an extension of such time is
granted in writing by the City.
4. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Consultant shall not exceed
$492,895.00 without express written modification of the agreement signed by the City.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers 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 work under this agreement and its 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 pertammg to this 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.
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5. OWNERSHIP AND USE OF DOCUMENTS. 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.
6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated
by this service agreement, faithfully observe and comply with all federal, state and local
laws, ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, 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 persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant during the time
period this contract is in effect.
8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured 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 within fifteen (15) days of execution of this agreement.
9. 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 any 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.
10. 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, commission, 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 liability or, in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
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11. 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.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this agreement without the express written consent of the City.
13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
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.
15. DISPUTES. Any dispute arising out 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.
16. 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
Attn: Kurt Bressner, City Manager
Notices to Consultant shall be sent to the following address:
Schenkel & Schultz, Inc.
2381 Palm Beach Lakes Blvd.
West Palm Beach, FL 33409-3301
ATTN: Samuel J. Ferreri. AlA
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17. 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 City and Consultant.
DATED this ~ day of
Apra \
,20~.
CITY OF BOYNTON BEACH
~~
CIty Manager
Attest! Authenticated:
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Title
(Corporate Seal)
Approved as to Form:
lL
Attest! Authenticated:
Rev. 1/22/91
CA-4
CITY OF BOYNTON BEACH LIBRARY EXPANSION
SCOPE OF WORK
EXHIBIT' A'
April 4 2003
PROJECT DESCRIPTION:
Provide all architectural/engineering services for a 30,000 square foot addition and renovation of the existing 28,000
square foot library. The total project budget is $6,500,000.00 to include design and construction.
The project site shall include the existing library and the site to the north bound by Seacrest Boulevard, SE 15t
Avenue to the north, the Civic Center to the east, and SE 2nd avenue to the south. The scope will not include any
new parking which is being master planned by the city under a separate contract. The scope will include
modification of existing parking and drives to facilitate the additions and renovations and maintain a working city
campus.
The contract includes all consulting services included in the Request for Qualifications (RFQ#024-2413-03/CJD)
and addendum # 1 dated December 30, 2002 with the exception of a topographic survey and any additional
geotechnical testing which will be provided by the owner. Detailed task are outlined below.
The City of Boynton Beach has the right to stop work during any phase of the work without penalty for the work not
accomplished with payment based on the work completed as outlined by phase in Exhibit "B".
City of Boynton Beach Library Expansion
Exhibit 'A'
April 4, 2003
Page Two
CITY OF BOYNTON BEACH LIBRARY EXPANSION
TASKS DESCRIPTION
EXHIBIT 'A'
April 4 2003
I. PRE-DESIGN
1. Site survey confirmation (Verify existing conditions).
2. Review existing Construction Documents.
3. Examine and confirm/documents to existing conditions.
4. Prepare CADD base plans from field measurement and existing documents.
5. Confirm Program with Owner.
II. PROGRAM REVIEW
1. Conduct workshop meetings with Owner and library representatives in order to verify program
(3 anticipated meetings).
2. Confirm existing library functions and activities in order to develop appropriate phasing and verify extent
of acceptable renovation.
3. Generate meeting minutes and document final program requirements for the Project development.
4. Review project budget to existing conditions, phasing and verified program (continuous)
III. SCHEMATIC DESIGN
1. Preparation and presentation of Preliminary Site Plan, Floor Plan and building elevations based upon
approved program, including phasing (3 anticipated meetings).
2. Develop Space Plan denoting generic furniture systems and equipment locations.
3. Identify building systems intended to be utilized together with the development of conceptual layouts of
same.
4. Research zoning and building; meet with regulatory agencies as required for Project review (I meeting)
IV. DESIGN DEVELOPMENT
1. Preparation of documents as required to determine and describe the character of the Project to include,
but not be limited to, the following:
a. Site Plan denoting proposed infrastructure, grading, paving (including on-site traffic control), storm
water management (drainage), site lighting, modifications and/or additions to the existing septic
system.
b. Proposed landscape arrangement, plant material identification and site irrigation coordination.
c. Architectural drawings consisting of Floor Plans, elevations, building sections and exterior
elevations.
d. Structural drawings denoting foundation and framing systems.
e. Mechanical and Electrical drawings defining system configurations and development.
f. Outline specifications (all consultants).
2. Identify interior character and level of finish intended for the combined renovation/addition.
3. Progress meetings with Owner and Construction Manager to review and approve Document Development
and receive comments, suggestions and input (4 anticipated meetings).
4. Meeting with governmental officials (fire, engineering, building) to review project (1 meeting)
City of Boynton Beach Library Expansion
Exhibit 'A'
April 4, 2003
Page Three
V. CONSTRUCTION DOCUMENTS
1. Preparation of all detailed drawings and specifications as necessary to the documentation of this proposed
construction/renovation, including but not limited to:
a. Site Development
b. Landscape and Site Irrigation
c. Structural
d. Architectural
e. Mechanical
f. Plumbing
g. Electrical (power/lighting/communication)
h. Fire Protection
2. Prepare applications and documentation necessary for submittal of the following site permits:
a. Modifications to the South Florida Water Management District permit.
b. City of Boynton Beach Utilities (water and fire lines).
VI. BIDDING
1. Review Bidders Questions
2. Attend Pre-bid Conference
3. Response through written addenda.
4. Evaluation of bids. including review of cost saving alternates.
VII. CONSTRUCTION
1. Attend Preconstruction Meeting.
2. Attend regularly scheduled construction meeting (anticipated weekly); meeting minutes as provided by
General Contractor or Construction Manager. Design consultants shall attend monthly Pay Application
Review Meeting as a minimum.
3. Attend pre-installation conferences as scheduled by the Contractor.
4. Documentation of all field inspections by report.
5. Review Substitution Requests (recommendations as appropriate), Shop Drawings, RFI's and issue ASI's
and Proposal Requests as required or requested.
5. Review and approve Contractor's Payment Application.
6. Punch List preparation (all design consultants).
VIII. COMPLETION/PROJECT CLOSE-OUT
1. Review Punch List for Substantial Completion.
2. Review Contractor's Close-out Documents/Record Drawings.
3. Participate in one-year warranty inspection.
CITY OF BOYNTON BEACH LIBRARY EXPANSION
FEE BREAKDOWN
EXHIBIT 'B'
April 4, 2003
1. PRE-DESIGN (2 WEEKS)
A. Site survey confirmation
Architect: 8 hrs@ $110/hr
Structural Engineer: 4 hrs@ $85/hr
Mechanical Engineer: 4 hrs@ $85/hr
Electrical Engineer: 4 hrs @ $85/hr
B. Review existing Construction Documents.
Architect: 4 hrs@ $110/hr
Structural Engineer: 4 hrs@ $85/hr
Mechanical Engineer: 4 hrs@ $85/hr
Electrical Engineer: 4 hrs @ $85/hr
C. Examine and confirm/documents to existing conditions.
Architect: 8 hrs@ $110/hr
Architect CADD Architect: 40 hrs@ $85/hr
Structural Engineer: 4 hrs@ $85/hr
Mechanical Engineer: 4 hrs@ $85/hr
Electrical Engineer: 4 hrs @ $85/hr
D. Confirm Program with Owner (2-Y2 day meetings).
Meetings:
Architect (2 at meeting): 16 hrs@ $135/hr
Structural Engineer: 8 hrs@ $85/hr
Mechanical Engineer: 8 hrs@ $85/hr
Electrical Engineer: 8 hrs @ $85/hr
Summary Report:
Architect: 8 hrs@ $11O/hr
Structural Engineer: 2 hrs@ $85/hr
Mechanical Engineer: 2 hrs@ $85/hr
Electrical Engineer: 2 hrs @ $85/hr
Clerical: 8 hrs@ $50/hr
$ 14,310.00
2. SCHEMA TIC DESIGN (4 WEEKS)
Architect Principal: 8 hrs@ $ 175/hr (2 hr/wk)
Architect Project Manager: 117 hrs@ $135/hr (26 hr/wk)
Architect Project Architect: 80 hrs@ $11O/hr (20 hr/wk)
Architect CADD Architect: 80 hrs@ $85/hr (20 hr/ wk)
Civil Engineer: 42 hrs@ $90/hr. (10.5 hr/wk)
Structural Engineer: 75 hrs@ $85/hr (12 hr/wk)
Mechanical Engineer: 62 hrs@ $85/hr (15.5 hr/wk)
Electrical Engineer: 64 hrs @ $85/hr (16 hr/wk)
$ 53,660.00
3. DESIGN DEVELOPMENT (4 WEEKS)
Architect Principal: 8 hrs@ $175/hr (2 hr/wk)
Architect Project Manager: 120 hrs@ $135/hr
Architect Project Architect: 175 hrs@ $11 O/hr
Architect CADD Architect: 160 hrs@ $85/hr
Civil Engineer: 64 hrs@$90/hr
Structural Engineer: 73 hrs@ $85/hr
Mechanical Engineer: 96 hrs@ $85/hr
Electrical Engineer: 97 hrs @ $85/hr
$ 82,470.00
City of Boynton Beach Library Expansion
Fee Breakdown Exhibit 'B'
April 4, 2003
Page Two
4. 50% CONSTRUCTION DOCUMENTS (INCLUDING CIVIL PERMITTING) (6 WEEKS) $ 94,255.00
Architect Principal: 12 hrs@ $175/hr
Architect Project Manager: 86 hrs@ $135/hr
Architect Project Architect: 180 hrs@ $110/hr
Architect CADD Architect: 240 hrs@ $85/hr
Specification Writer: 40 hrs@ $90/hr
Civil Engineer: 73 hrs@ $90/hr
Structural Engineer: 133 hrs@ $85/hr
Mechanical Engineer: 110 hrs@ $85/hr
Electrical Engineer: 112 hrs @ $85/hr
5. 100% CONSTRUCTION DOCUMENTS (6 WEEKS)
Architect Principal: 12 hrs@ $175/hr
Architect Project Manager: 120 hrs@ $135/hr
Architect Project Architect: 240 hrs@ $110/hr
Architect CADD Architect: 279 hrs@ $85/hr
Specification Writer: 40 hrs@$90/hr
Civil Engineer: 73 hrs@ $90/hr
Structural Engineer: 133 hrs@ $85/hr
Mechanical Engineer: 110 hrs@ $85/hr
Electrical Engineer: 112 hrs @ $85/hr
$ 108,760.00
6. BIDDING (4 WEEKS)
Architect Principal: 4 hrs@ $175/hr
Architect Project Manager: 16 hrs@ $135/hr
Architect Project Architect: 98 hrs@ $110/hr
Specification Writer: 8 hrs@ $90/hr
Civil Engineer: 18 hrs@ $90/hr
Structural Engineer: 33 hrs@ $85/hr
Mechanical Engineer: 28 hrs@ $85/hr
Electrical Engineer: 28 hrs @ $85/hr
$ 23,545.00
7. CONSTRUCTION ADMINISTRATION (16 MONTHS)
Architect Principal: 16 hrs@ $175/hr (lhr/mo)
Architect Project Manager: 64 hrs@ $135/hr (4hr/mo)
Architect Project Architect: 256 hrs@ $llO/hr (28 hr/mo)
Architect CADD Architect: 16 hrs@ $85/hr (misc. changes)
Civil Engineer: 82 hrs@ $90/hr (5 hr/mo)
Structural Engineer: 128 hrs@ $100/hr (6 hr/mo)
Mechanical Engineer: 128 hrs@ $85/hr (8 hr/mo)
Electrical Engineer: 128 hrs @ $85/hr (8 hr/mo)
$ 100,890.00
8. POST CONSTRUCTION
Architect-Project Architect: 27.5 hrs@ $11O/hr
Civil Engineer: 4 hrs@ $90/hr
Structural Engineer: 6 hrs@ $100/hr
Mechanical Engineer: 6 hrs@ $85/hr
Electrical Engineer: 6 hrs @ $85/hr
$ 5.005.00
TOTAL
$ 482,895.00
City of Boynton Beach Library Expansion
Fee Breakdown Exhibit 'B'
April 4, 2003
Page Three
REIMBURSABLE EXPENSES:
Reimbursable expenses shall be invoiced at a multiple of one and one-tenth (1.10) times the expenses incurred by
the Architect, the Architect's employees and consultant's in the interest of the Project. Reimbursable shall include
printing, models and renderings.
Estimated $10,000 reimbursable for printing.
TOTAL FEES AND REIMBURSEABLES:
$492,895.00