R04-182
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2 I RESOLUTION NO. R04- (S 2-
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4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
6 THE CITY MANAGER TO EXECUTE AN AGREEMENT
7 FOR PROFESSIONAL SERVICES BETWEEN CITY OF
8 BOYNTON BEACH AND COREY W. O'GORMAN AND
9 ANGELA F. BUDANO, PROVIDING PROFESSIONAL
10 CONSULTING SERVICES FOR THE CITY'S TOWN
11 SQUARE PROJECT; AND PROVIDING AN EFFECTIVE
12 DATE.
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15 WHEREAS, the City Commission of the City of Boynton Beach, upon
16 recommendation of staff, deems it to be in the best interests of the citizens and residents of
17 the City of Boynton Beach, to enter into an agreement with Corey W. O'Gorman and Angela
18 F. Budano to provide professional consulting services for the City's Town Square Project,
19 and to authorize the City Manager to execute said Agreement;
20 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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23 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
24 ratified and confirmed by the City Commission.
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26 Section 2. The City Commission of the City of Boynton Beach, Florida does
27 ereby authorizes the City Manager to execute an agreement between the City of Boynton
28 each and Corey W. O'Gorman and Angela F. Budano, to provide professional consulting
29 services for the City's Town Square Project in an amount not to exceed $20,250.00.
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31 Section 3. The form of the Agreement shall be approved by the City Attorney.
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33 Section 4. This Resolution shall become effective immediately upon passage.
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:ICAIRESOlAgreementslO'Gorman and Budano Agreement.doc
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2 PASSED AND ADOPTED this ~ day of October, 2004.
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4 CITY OF BOYNTON BEACH, FLORIDA
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S:ICAIRESOlAgreemenlslO'Gorman and Sudano Agreement.doc I
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-"'f;V ('r :~r;";'~Trq prÞCH PROFESSIONAL SERVICES AGREEMENT
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I .' v THIS AGREEMENT is entered into the iL day of ~, 2004, by and between the
City of Boynton Beach, Florida (City), and Corey W, 0' Gorman and Angela F. Budano (Consultant)
for the provision of consulting services to the City's Town Square Civic Center Project (Project).
The City hereby engages Consultant to conduct an analysis comparing two alternative site
and building design scenarios possibly to include 1) construction of a new large civic center facility
combining a mix of several existing Town Square uses with 2) adaptive reuse of the existing Old
High School, modification to other existing buildings, and construction of a new smaller civic center
facility. This analysis is intended to provide the City with adequate information to decide which
alternative to select.
These services, more particularly described in the Scope of Services attached hereto as
Exhibit "A", shall be considered an interim step toward formulation of the schematic master
development plan for the Project as discussed in recommendation #2 of the Implementation Plan
prepared by Consultant dated August 2004.
The parties agree to perform as follows:
General Conditions
1. Cooperation by City. City agrees that Consultant shall have ready access to City's staff and
resources as necessary to perform the Services. All reports, studies and evaluates of the Old High
School building and any related City-owned materials necessary for the completion of this scope of
services shall be provided by the City at no cost to the Consultant. It is important to secure any
certified or approved engineering reports of the Old High School such as structural or MEP
[Mechanical Electrical and Plumbing] in order to make safe assumptions and accurate cost
calculations.
2. Rate of Payment for Services. City agrees to pay Consultant for the Services in accordance
with the schedule set forth in Exhibit "B".
3. Billing. City shall pay the amounts agreed to herein upon receipt of invoices, which shall be
sent by Consultant monthly or upon such other basis as City and Consultant agree. City shall pay
Consultant a late payment fee of one and one-half percent (1 Yz %) per month on any invoice balance
that remains outstanding for fifteen (15) days or more from the date of the invoice. Payment to
Consultant is not dependent upon payment to City by any other person or party. City shall be
responsible for all out of pocket costs associated with the Services provided by Consultant, i.e.
travel, long-distance calls, postage, reproduction costs. Consultant shall not be obligated to incur any
expenses on behalf of City without a cost deposit. The amount due to Consultant shall be deemed
earned upon completion of the Services, regardless of whether City uses Consultant's work product.
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4. Confidential Information. Consultant hereby acknowledges that during the performance of
this Agreement, the Consultant may learn or receive confidential City information and therefore
Consultant hereby confirms that all such information relating to the City's business will be kept
confidential by the Consultant, except to the extent that such information is required to be divulged
to the Consultant's clerical or support staff or associates in order to enable Consultant to perform
Consultant's contract obligation. Notwithstanding the foregoing, Consultant in coordination with the
City shall maintain its records as public records and shall respond to all public records requests in a
timely fashion.
5. Independent Contractor. Consultant is an independent contractor and neither Consultant
nor Consultant's staff is or shall be deemed to be employed by City. City is hereby contracting with
Consultant for the performance of the Services and Consultant reserves the right to determine the
method, manner and means by which the Services will be performed. Consultant is not required to
perform the Services during a fixed hourly or daily time and if the services are performed at the
City's premises, then Consultants time spent at the premises is to be at the discretion of the
Consultant; subject to the City's normal business hours and security requirements. Consultant hereby
confirms to City that City will not be required to furnish or provide any training to Consultant to
enable Consultant to perform the Services. The Services shall be performed by Consultant or
Consultant's staff, and City shall not be required to hire, supervise or pay any assistants to help
Consultant who performs the Services under this agreement. Consultant shall not be required to
devote Consultant's full time nor the full time of Consultant's staff to the performance of the
Services, and it is acknowledged that Consultant has other clients and Consultant offers services to
the general public. The order or sequence in which the work is to be performed shall be under the
control of Consultant. Except to the extent that the Consultant's work must be performed on or with
City's computers or City's existing software, all materials used in providing the Services shall be
provided by Consultant.
6. Term and Termination. The term of this Agreement shall continue until terminated by
either party upon thirty (30) days written notice to the other party. Upon termination by either party,
City agrees to pay Consultant for work completed to date pursuant to the Rate of Payment Schedule
provided herein.
7. Insurance. Consultant shall provide insurance as outlined in the Insurance Advisory Form
provided by the City's Risk Management Department, a copy of which is attached hereto as Exhibit
"C" .
8. Use of Work Product. All work product prepared by the Consultant shall become the
property of the City. Consultant may use the work product for other projects with written disclosure
to the City.
9. City Representative. Kurt Bressner, City Manager, shall represent the City during the
performance of this contract with respect to the Services and each has authority to execute written
modifications or additions to this Agreement.
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10. Disputes. Any disputes that arise between the parties with respect to the performance of this
contract which cannot be resolved through negotiation shall be submitted to a court of competent
jurisdiction in Palm Beach County, Florida. Each party shall bear its own costs and attorney fees.
11. Limited Warranty. Consultant warrants to City that the material, analysis, data, programs
and Services to be delivered or rendered hereunder, will be of the kind and quality designated in the
Agreement and will be performed by qualified personnel. Special requirements for format or
standards to be followed shall be attached as an additional Exhibit and executed by both City and
Consultant. CONSULTANT MAKES NO OTHER WARRANTIES, WHETHER WRITTEN,
ORAL OR IMPLIED, INCLUDING WITHOUT LIMIT A TION, WARRANTY OF FITNESS FOR
PURPOSE OR MERCHANT ABILITY. IN NO EVENT SHALL CONSULTANT BE LIABLE FOR
SPECIAL OR CONSEQUENTIAL DAMAGES, EITHER IN CONTRACT OR TORT, WHETHER
OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO
CONSUL T ANT IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN BY
CONSULTANT.
12. Complete Agreement. This Agreement contains the entire understanding between the parties
hereto with respect to the matters covered herein. No other agreements, representations, warranties or
other matters, oral or written, purportedly agreed to or represented by or on behalf of Consultant by
any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to
bind the parties hereto with respect to the subject matter hereof. In the event of a conflict in the
0 provisions of any attachments hereto and the provisions set forth in this Agreement, the provisions of
this Agreement shall govern. City acknowledges that it is entering into this Agreement solely on the
basis of the representations contained herein.
13. Applicable Law. This Agreement shall be construed in accordance with the laws of the State
of Florida.
14. Scope of Agreement. If any provision ofthis Agreement should be determined by a court of
competent jurisdiction to be in conflict with any existing or subsequently enacted legislative or
judicial decision, all other provisions of this Agreement shall remain in full force and effect with it
being presumed to be he intent of the parties that the invalid language is stricken.
15. Additional Work. After receipt of a written order that adds to the Services, Consultant may,
at its discretion, take reasonable action and expend reasonable amounts of time and money based on
such order. City agrees to pay Consultant for such action and expenditure as set forth in this
Agreement for payments related to Services.
16. Notices. Notices to City should be sent to: Kurt Bressner, City Manager, 100 East Boynton
Beach Boulevard, Boynton Beach, Florida 33425-0310. Notices to Consultant should be sent to:
Corey W. O'Gorman, 409 Gulf Road, North Palm Beach, Florida 33408.
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17. Assignment. This Agreement may not be assigned by either party without the prior written
consent of the other party. Except for the prohibition on assignment contained in the preceding
sentence, this Agreement shall be binding upon and inure to the benefits of the heirs, successors and
assigns of the parties hereto.
18. Notice to Proceed. Notice to Proceed shall be considered issued when Consultant receives
this Agreement signed by the City along with receipt of a retainer in the amount of $1,500. This
retainer amount shall be attributed to the final payment of Task 5.
19. Terms and Conditions. Ü'Gorman. Budano as a Consultant, shall perform such services as
outlined above for the City according to the terms and conditions set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed or caused the execution of this
Agreement. Ù~
As to City: I DI ~,,' C't
As to Consultant: Kurt~S~øaL Date /D·~Q+
Corey W~'Gorman - Date
An~ut~cto 2ß ó'v-T A-
Date
ro3~ CITY AlTORNEY
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Exhibit" A"
SCOPE OF SERVICES
Task 1 Data Collection and Discovery
The City shall provide pertinent data to the Consultant in preparation for formulating and comparing
two alternative site and building design scenarios. Consultant shall collect and review pertinent data.
That data shall include, but not necessarily be limited to the following:
1.1 Reports, studies and evaluations of the Old High School building. This may include,
but not limited to architectural analyses, engineering reports on the building systems,
structural engineering reports, environmental reports (e.g., asbestos, lead based paint,
mold, etc.), evaluations of costs to renovate and programming analyses.
1.2 Consultant shall meet with the Town Square Council to identify up to three site
design scenarios for the Project.
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1.3 Consultant shall formulate a use program evaluation sheet and distribute copies of
that sheet to Town Square Council members for their reply in an effort to identify
specific use areas for the Project and corresponding space neeqs.
Task 2 tl.ìrmulation of Design Scenarios
2.1 Utilizing the information collected in Task 1, Consultant shall prepare up to three
alternative site design scenarios. These scenarios shall be conceptual in nature and
shall depict generalized building locations, general alternatives for the provision of
parkjJ1J~, vehicular use areas, pedestrian connections and open space areas.
Consultant shall also provide a generalized site summary including estimates of total
parking pro"\'jded and acreages of open space.
2.2 Consultant shall review the alternative site design scenarios in a meeting with the
Town Square Counci[ or other group as determined by the City. The purpose of this
review is for the ConsuÜ..:mt to obtain input so that two more refined alternative site
design scenarios can be fornmlated along with accompanying conceptual program
building drawings.
Task 3 Design Scenario Refinement
3.1 Utilizing the input obtained during Task 2, Consultant shall prëpare two refined
alternative site design scenario.,>. These scenarios shall be conceptual in nature and
shall depict generalized buildip,g locations, general alternatives for the provision of
parking, vehicular use areas, pedestrian connections and open space areas.
Consultant shall also provide a generalized sitt; sllmmary incl.uding estimates of total
parking provided and acreage'5 of open space.
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3.2 Consultant shall prepare program drawings of existing and proposed buildings that
are subject to this analysis. These program drawings shall be conceptual in nature
and shall depict generalized use areas and spaces corresponding to the information
obtained from the City on the use program evaluation sheets. These drawings will
for use programming only and not of a schematic architectural nature.
3.3 Consultant shall prepare a written description of two alternative site design scenarios
and their accompanying use program drawings to identify general assumptions such
as necessary site acquisition, demolition, utility extensions, etc.
Task 4 Analysis
4.1 Consultant shall prepare conceptual development budgets for each of the two refined
alternative site design scenarios and their accompanying use program drawings that is
inclusive of the following:
Option A
· A preliminary construction budget for refurbishment and renovation of the Old Boynton
Beach High School and construction of a new civic building. This estimate of cost will
involve field measurements of the High School building and review of record plans in
order to arrive at actual quantitative valuation of all significant trades. It will also
include researching historical data and applying it to the size and level of complexity
prescribed by the refined use program.
· Provide a preliminary construction budget for constructing a larger multi-use civic
building. The deliverable will be in the form of a trade-by-trade break down from similar
facilities in this area while matching size and complexity of the conceptual program. A
written narrative outlining assumptions made in developing the aforementioned budget
figures will also be provided. This excludes third party budgetary analysis of the
operating and maintenance costs.
Option B
· Provide a preliminary construction budget for Scenario One. Refurbishment and
renovation of the Old Boynton Beach High School with a level of detail similar to that
which is outlined in the Bender report updated to current dollars. Constructing a
conceptualized, auxiliary civic building by researching historical data and other empirical
data, applying it to the building size as prescribed.
· Provide a preliminary construction budget for Scenario Two. Constructing a larger full
service civic building by researching historical data and other empirical data, applying it
to the building size you prescribe. Provide a written narrative outlining assumptions
made in developing the aforementioned budget figures.
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4.2 Consultant shall provide the two refined alternative site design scenarios, their
accompanying use program drawings and written description to the City facilities
management office. The City facility management office shall provide Consultant with
estimates of costs associated with annual operation and maintenance of each alternative.
4.3 Consultant shall prepare a report, which will include copies of the two alternative site
design scenarios, their accompanying program drawings, written descriptions, conceptual
budgets, and estimates of annual operation and maintenance costs. Consultant shall provide
City with up to 10 copies of the report.
Task 5 Presentation
5.1 The Consultant shall present the two alternative site design scenarios, their
accompanying use program drawings, written descriptions, conceptual budgets, and estimates
of annual operation and maintenance costs to the City in one meeting, the format of which
shall be determined by the City.
This scope of services includes only those tasks described herein and specifically does not include
any architectural or engineering design, or any architectural, engineering or environmental
evaluation of the Old High School or other existing buildings. Consultants will provide 10 hard
copies and a digital copy of the report.
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Exhibit "B"
COMPENSATION
Option A: The City agrees to compensate the Consultant for the services described herein for a
lump sum of $20,250 and agrees to pay consultant the following fees upon completion of each task
as follows:
Task 1 - $ 3,000
Task 2 - $ 3,500
Task 3 - $ 2,500
Task 4 - $ 9,500
Task 5 - $ 1,750
Option B: The total fees could be reduced to $18,250 if the cost estimating scope is limited to the
following:
The City agrees to compensate the Consultant for the services described herein for a lump sum of
$18,250 and agrees to pay consultant the following fees upon completion of each task as follows:
Task 1 - $ 3,000
Task 2 - $ 3,500
Task 3 - $ 2,500
Task 4 - $ 7,500
Task 5 - $ 1,750
Reimbursable Expenses. Reimbursable expenses are in addition to the compensation authorized
above, and include actual expenses incurred directly in connection with the Project, including
shipping, mailings, overnight delivery, travel out of the area, and reproduction of materials.
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