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R03-160RESOLUTION R03- l (oO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL MILLAGE RATE OF 7.500 MILLS FOR THE CITY'S GENERAL OPERATING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004; PROVIDING THAT THE FINAL MILLAGE RATE OF 7.500 MILLS IS 7.34 PERCENT ABOVE THE COMPUTED ROLLED- BACK RATE; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, a Final Budget has been reviewed and considered by the City Commission of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the City Manager has made recommendations as to the amount necessary to be appropriated for the ensuing year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the final millage rate necessary to be levied against ad valorem valuation of property subject to taxation in the City of Boynton Beach, Florida, to produce a sufficient sum which together with departmental and other revenues will be sufficient to pay for appropriations made in the budget for the Fiscal Year beginning October 1, 2003, and ending September 30, 2004, is hereby set at 7.500 mills plus 0.3804 for Voted Debt Service for a total Final Millage rate of 7.8804. Section 2. The Final Millage rate of 7.500 mills is 7.34% above the computed rolled-back rate. Section 3. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 Section 5. This Resolution shall become effective immediately upon passage. FIRST READING, this ~ (o day of September, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Commissioner ~o~-ogo CONSULTANT AGREEMENT FORM RFQ FOR "ARCHITECTURAL/ENGINEERING SERVICES FOR THE EXPANSION/REMODEL 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 SCItENKEL & 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. 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. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: 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. 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. Co 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. 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. The Consultant's records and accounts pertaining 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. CA-1 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. 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. 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. 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. 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. CA-2 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. bo 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, AIA CA-3 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 I~ day of ~]:;~i I ,20 O~ . CITY OF BOYNTON BEACH City ManagE"/ SCHENKEL & SC_.~TZ, INC. // Attest/Authenticated: Approved as to Form: Office of the Cj, f~ Attorney (Corporate Seal) 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 1st 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 (1 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. fi 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 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 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' 1. PRE-DESIGN (2 WEEKS) A. Site survey confirmation Architect: 8 hrs@ $110/hr Structural Engineer: 4 hfs@ $85/hr Mechanical Engineer: 4 hfs@ $85/hr Electrical Engineer: 4 hfs @ $85/hr B. Review existing Construction Documents. Architect: 4 hfs@ $110/hr Structural Engineer: 4 hrs@ $85/hr Mechanical Engineer: 4 hrs@ $85/hr Electrical Engineer: 4 hfs @ $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-¥2 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@ $110/hr Structural Engineer: 2 hrs@ $85/hr Mechanical Engineer: 2 hrs@ $85/hr Electrical Engineer: 2 hrs @ $85/hr Clerical: 8 hrs@ $50/hr SCHEMATIC DESIGN (4 WEEKS) Architect Principal: 8 hfs @ $175/hr (2 hr/wk) Architect Project Manager: 117 hrs@ $135/hr (26 hr/wk) Architect Project Architect: 80 hfs@ $110/hr (20 hr/wk) Architect CADD Architect: 80 hfs@ $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) DESIGN DEVELOPMENT (4 WEEKS) Architect Principal: 8 hfs@ $175/hr (2 hr/wk) Architect Project Manager: 120 hfs @ $135/hr Architect Project Architect: 175 hfs@ $110/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 April 4, 2003 $14,310.00 $ 53,660.00 $ 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 hfs@ $175/hr Architect Project Manager: 86 hrs@ $135/hr Architect Project Architect: 180 hrs@ $110/hr Architect CADD Architect: 240 hfs@ $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 hfs@ $135/hr Architect Project Architect: 240 hrs@ $110/hr Architect CADD Architect: 279 hrs@ $85/hr Specification Writer: 40 hfs @$90/hr Civil Engineer: 73 hfs@ $90/hr Structural Engineer: 133 hrs@ $85/hr Mechanical Engineer: 110 hfs@ $85/hr Electrical Engineer: 112 hfs @ $85/hr 108,760.00 BIDDING (4 WEEKS) Architect Principal: 4 hfs@ $175/hr Architect Project Manager: 16 hrs@ $135/hr Architect Project Architect: 98 hfs@ $110/hr Specification Writer: 8 hfs@ $90/hr Civil Engineer: 18 hfs@ $90/hr Structural Engineer: 33 hfs@ $85/hr Mechanical Engineer: 28 hfs@ $85/hr Electrical Engineer: 28 hfs @ $85/hr $ 23,545.00 CONSTRUCTION ADMINISTRATION (16 MONTHS) Architect Principal: 16 hrs@ $175/hr (lhr/mo) Architect Project Manager: 64 hfs@ $135/hr (4hr/mo) Architect Project Architect: 256 hfs@ $110/hr (28 hr/mo) Architect CADD Architect: 16 hrs@ $85/hr (misc. changes) Civil Engineer: 82 b_rs@ $90/hr (5 hr/mo) Structural Engineer: 128 hfs@ $100/hr (6 hr/mo) Mechanical Engineer: 128 hfs@ $85/hr (8 hr/mo) Electrical Engineer: 128 hfs @ $85/hr (8 hr/mo) $100,890.00 o POST CONSTRUCTION Architect-Project Architect: 27.5 hrs@ $110/hr Civil Engineer: 4 hrs@ $90/hr Structural Engineer: 6 hrs@ $100/hr Mechanical Engineer: 6 hrs@ $85/hr Electrical Engineer: 6 hfs @ $85/hr $ 5~005.00 TOTAL $ 482,895.00 City of Boynton Beach LibraryExpansion Fee Breakdown Exhibit'B' April4,2003 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