R98-079II
RESOLUTION NO. R98-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH,' FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CONSULTANT AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF
BOYNTON BEACH AND JONES + SONG
ARCHITECTS AND PLANNERS, INC., TO PREPARE
ARCHITECTURAL PLANS FOR INTERIOR AND
EXTERIOR RENOVATION AT THE UTILITIES
OPERATIONS/TECHNICAL BUILDING; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the renovations are necessary to accommodate operational
space requirements for operational staffing that is currently located in three
portable trailers located on the East Water Treatment Plant premises; and
WHEREAS, the City Commission desires to hire a consultant to prepare
the architectural plans for these renovations under Bid #303-401-98/CJD, and
has proceeded under the Consultants' Competitive Negotiation Act in selecting
Jones + Song Architects and Planners, Inc. of West Palm Beach; and
WHEREAS, the City of Boynton Beach and Jones + Song Architects and
Planners, Inc. have negotiated and agreed upon a scope of services and a fee for
the preparation of architectural plans for the Utilities Operations/Technical
Building, pursuant to the Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes; and
WHEREAS, the City Commission has determined that it is in the best
interests of the residents of the City to execute an agreement for professional
services, between the City of Boynton Beach and Jones + Song Architects and
Planners, Inc. to provide professional services relating to the design and
architecture of interior and exterior renovations to the Utilities Operations/
Technical Building located at 124 East Woolbright Road, Boynton Beach
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 i3each, Florida
does hereby authorize and direct the Mayor and City Clerk to execute a
Consultant Agreement between the City of Boynton Beach and Jones + Song
Architects and Planners, Inc. of West Palm Beach, Florida, for the preparation of
architectural plans for interior and exterior renovations to the Utilities
Operations/Technical Building located at 124 East Woolbright Road in Boynton
Beach, Florida, a copy of said agreement is attached hereto as Exhibit "A."
SectiOn 2.
This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this
day of May, 1998.
CITY OF BOYNTON BEACH )RIDA
ATTEST:
Cit~ Clerk
~ 0 ~0~ ~0 ~
ca,:eso~ements~s~nt~ Song Architects
Commissioner
CONSULTANT AGREEMENT FORM
THIS AGREEMENT, is entered between the C|tv of. Bovnton Beach, hereinafter
--"-rred to as 'the "'i"-" ""'~ JoDes + Sonq
,~,~ ,., ~),, =.u ~'~-~lan~, ~-~. ' hereinafter
referred to as "the Consultant", in consideration of the mutual benef'rts, terms, and
conditions hereinafter specified.
PROJECT DESIGNATION. The Consultant is retained by the City to perform _
Architectural/Enqineerinq services in connection with the project
de.sign, a_ted .Interio= a~ exterior =.en~v~ons of exis~ ~,o s~"y faci].i~y
an~ limited ex~.erior modifications to the East Water Plant Building.
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 by ~enty-fou= (24) ~n~hs fromthe
date written notice is given to proceed, unless an extension of such time is
granted in writing by the City.
P_~.Y. ME.~.,_ The Consultant shall be paid by the City or completed work and for
services rendered under this agreement as follows:
bo
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
$ 136,890.00 without express written modification of the agreement sighed by the
City. $126,75~..- ]~sic*~a~.on
$ 10,140. - 8% Reimbursables
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 of approved.
Co
Final payment of any balance due the Consultant of the total contract price eamed will be
made promptly upon its ascertainment and verification by the City after Ih, Completion of
the work.under this agreement and it's acceptance by the City.
Payment as provided in this section shall be full compensation for work ~,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
The Consultant's records and ac~unm pertaining to Ih. agreement are to be kept
available for inspection by reprasentalives of the City and Stata for a period of three 93)
years after final payments. Copies shall be made available upon requesL
5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings,
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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 endeavor's.
COMPLIANCE WITH LAWS. Consultant shall, in performing the services
contemplated by this agreement, faithfully observe and comply with all federal,
state, and local laws, ordinances and regulations that are applicable to the
services to be re. ndered 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,
adsing from injury or death to person, the employees, or damage to property
occasioned by a negligent act, omission or failure of the Consultant.
INSURANCE. The Consultant shall secure and maintain in force throughout the
duration of this contract comprehensive general liability insurance with a
minimum coverage of 1,00o,000.o0 per occurrence and
pr~essional liability insurance in the amount of 1,00o,000.0o See
the Insurance Advisory Form attached hereto as Exhibit
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 pdorwdtten 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 thee City agree that the
Consultant is an independent contractor with respect !o.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. ·
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
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bonafide employee working solely for the Consultant, any fee, commission,
pementage, 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 be the dght 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.
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.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services
covered by this agreement without the express wdtten consent of the City.
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.
TERMINATION.
The City reserves the right to terminate this agreement at any time by
giving ten (10) days written notice to the Consultant.
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 renegofiations of this agreement between surviving
members of the Consultant and the City, if the City so chooses.
~ Any dispute out of the terms or conditions of this agreement shall
be adjudicated within the courts of Fk, rida. Further, this agreement shall be
construed under Florida Law.
I~I.Q.T_i.~,.E.E~ 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: JOHN GUIDRY, UTILITIES DIRECTOR
Notices to Consultant shall be sent to the following address:
,]'ones + Sor~:l Architects
and Planners, Inc.
4425 Beacon Circle, Suite 100
West Palm Beach, FL 33407
ATTN: Young Song
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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 portion 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 stdcken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
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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 omi. This agreement may be amended only by written
instrument signed by both the City and COnsultant.
DATED this 17th day of April 19, 98 .
CITY OF BOYNTON BEAC~
JONES+S(]~~ &~, INC.