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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, 10. 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 11. 12. 13. 14. 15. 16. 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 17. 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. 18. 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.