R05-161
II
1 RESOLUTION NO. R 05- I fa l
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING THE AWARD OF RFQ # 040-2730-
6 05/CJD TO GLA TTING JACKSON KERCHER
7 ANGLIN LOPEZ, RMPK GROUP, PBS&J AND THE
8 LAND STEWARDSHIP COMPANY;
9 AUTHORIZING THE CITY MANAGER TO ENTER
10 INTO AN AGREEMENT FOR LANDSCAPE
11 ARCHTECT CONSULTANT SERVICES; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, on April 13, 2005, the City of Boynton Beach issued a Request for
15 Qualifications for qualified Landscape Architects to perform general professional
16 landscape architectural consulting services as may be required in support of the City's
17 needs on an "as needed" basis; and
18 WHEREAS, on July 19,2005, the City Commission approved a short list of top
19 ranking qualifiers by Scope of Service and granted the Parks Department approvai to
20 conduct negotiations for compensation of services; and
21 WHEREAS, the Parks Department evaluated the compensation rates for each
22 Consulting firm and determined it would be in the best interest of the City to award a
23 contract to the four (4) firms for the two (2) year period.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1.
The foregoing "Whereas" clauses are hereby ratified and
27 confirmed as being true and correct and are hereby made a specific part of this
28 Resolution upon adoption.
29
Section 2.
The City Commission of the City of Boynton Beach, Florida,
S:\CA\RESO\Agreements\Bid Awards\Award of RFQ - Landscape Architect.doc
II
I,
. I
hereby approves the award of an RFQ to Glatting Jackson Kercher Anglin Lopez, RMPK
2 Group, PBS&J and The Land Stewardship Company and authorizes the City Manager to
3 execute a Consultant Agreement for Landscape Architectural Consultant Services with
4 each of the four (4) Landscape Architect firm, a copy of which is attached hereto.
5
Section 3.
That this Resolution shall become effective immediately.
6
7
PASSED AND ADOPTED THIS ~ day of October, 2005.
8
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22
23 ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
m.P~
S:\CA\RESO\Agreements\Bid Awards\Award of RFQ - Landscape Architect.doc
R05-ICo\
CONSULTANT AGREEMENT FOR
LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and GIattinl! Jackson Kercher Anl!lin Lopez, hereinafter referred to as "the
Consultant", in consideration ofthe mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The ConsultaDt is retained by the City to perform
CONSULTANT services in connection with the project designated LANDSCAPE
ARCHITECTURAL AND PLANNING CONSULTANT SERVICES.
2. TERM. This Agreement shall be for a period of two (2) years commencing on the date the
Agreement is executed by the City. The parties may agree to renew the Agreement for two
(2) additional two-year terms through the execution of a written Amendment to the
Agreement signed by both parties.
3. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"A" which is attached hereto and incorporated herein by reference, including the provision of
all labor, materials, equipment and supplies.
4. PAYMENT. The CITY shall pay ARCHITECT CONSULTANT in accordance with the Fee
Schedule, pursuant to Exhibit "B", which is attached hereto and incorporated herein by
reference.
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 p~rmitted to ret"in 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.
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.
II. DISCRIMINATION PROHffiITED. 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 ofthis agreement between surviving
members ofthe Consultant and the City, if the City so chooses.
15. 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.
l6.NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Kurt Bressner, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
David Barth
Glatting Jackson Kercher Anglin Lopez Rinehart
222 Clematis St.
West Palm Beach, FL 33401
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 fuTO PEA..
,2000 .
City anager
Attest! Authenticated:
VI'Ce....
fu(),4 L. Bo..r~- fresidevtt
Printed Name
Title
(Corporate Seal)
Approved as to Form:
Attest/Authenticated:
~ ru~ loHo'i
Office ofthe City Attorney
15hOlMJ t. 'rIaw.1lAih:
Secretary
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgnlents, personally appeared
~.lJ\A L 'bA(~ asV,(e (l(e.~d.i:I\'\Jf &,\c:.\.lQ(\ffr'rC-lk-:.\OI'\ named in the
foregoing agreement and that he/she acknowledged executing t same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in himlher by said
and that the Corporate seal affixed thereto is the true corporate seal of
said Corporation.
-\- Witness my hand and official seal in the County and State last aforesaid this ~ day of
DC ()~ ( ,2005.
~I~l'r::,
~IIDD01Mlat
ExpI....2117/2llG1
Bonded through
..Q54) FlorIda Notary Assn.. Inc.
~............~...................
ommlsslon ExpIres: ;)_ 8- deDi;,
Printed Name
My
ATTACHMENT A
LANDSCAPE ARCHITECTURAL CONSULT ANT SERVICES
SCOPE OF SERVICES
A specific Scope of Services will be developed based on each project and may vary
according to the requirements of the project.
The Scope of Services may include the following:
· Development of park and public space conceptual plans and site planning
· Development of park and public space master plans
· Development of landscape and irrigation plans
· Preparation of plans and specifications for horizontal and vertical construction
· General landscape architectural services
· Development of entryway, identification and interpretive signage
. Pedestrian and bikeway design and specifications
. Design of barrier-free facilities
· Conduct public meetings and attain public consensus
· Recommendation of public art or landscape features
· Selection and management of subconsultants
. Permitting
. Bidding assistance
· Construction management and support
[C
GLA TTING .JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC.
2005
HOURLY RATE SCHEDULE
Principal 5
Principal 4
Principal 3
Principal 2
Principal I
Planner 6
Planner 5
Planner 4
Planner 3
Planner 2
Planner I
Transportation Engineer 6
Transportation Engineer 5
Transportation Engineer 4
Transportation Engineer 3
Transportation Engineer 2
Transportation Engineer I
Transportation Planner 6
Transportation Planner 5
Transportation Planner 4
Transportation Planner 3
Transportation Planner 2
TranspOltation Planner I
Ecologist 5
Ecologist 4
Ecologist 3
Ecologist 2
Ecologist I
$250
$225
$215
$190
$165
$200
$165
SI30
$110
$95
S75
$200
$165
$130
$110
$95
$75
5200
$165
$130
$110
S95
$75
$165
$130
$110
$95
$75
Landscape Architect 6
Landscape Architect 5
Landscape Architect 4
Landscape Architect 3
Landscape Architect 2
Landscape Architect 1
Landscape Designer 3
Landscape Designer 2
Landscape Designer I
Urban Designer 6
Urban Designer 5
Urban Designer 4
Urban Designer 3
Urban Designer 2
Urban Designer I
Public Relations 3
Public Relations 2
Public Relations I
GIS Specialist 2
GIS Specialist I
Graphic Artist 4
Graphic Artist 3
Graphic Artist 2
Graphic Artist I
Administrative Assistant
Technician
Environmental Technician
$200
$165
$130
$110
595
$75
$90
$80
$70
$200
$165
$130
$110
$95
$75
$95
$85
$75
$95
$75
$110
$95
$85
$75
$55
$50
$65
Increase In Hourly Rates - Glatting Jackson shall conduct a review of hourly rates on an
annual basis and may. upon notification to the Client. increase such rates in our sole
discretion.
Direct Costs - Direct costs ilicurred in completing the scope of services sball be billed to the
Client at a multiple of 1.15 times cost. These costs are in addition to tbe fees for each part of
the Scope of Services detailed in the Agreement. Direct costs may include. but are not limited
to, costs for reproduction, printing. photocopying, photography, courier services. automobile
mileage and other expenses. Personal automobile mileage shall be charged at the current IRS
regulation limit. Field vehicle mileage shall be charged at a rate of 50.50 per mile.
Application Fees - All application. filing. and permit fees, including, without limitation, all
fecs to local. regional and state governments and agencies. shall be paid by the Client directly
to the appropriate agency at the required time.
f\05-llol
CONSULTANT AGREEMENT FOR
LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and PHS & J, 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 tl,(: project desigaatcd LANDSCAPE
ARCHITECTURAL CONSULTANT SERVICES.
2. TERM. This Agreement shall be for a period of two (2) years commencing on the date the
Agreement is executed by the City. The parties may agree to renew the Agreement for two
(2) additional two-year terms through the execution of a written Amendment to the
Agreement signed by both parties.
3. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"A" which is attached hereto and incorporated herein by reference, including the provision of
all labor, materials, equipment and supplies.
4. PAYMENT. The CITY shall pay ARCHITECT CONSULTANT in accordance with the Fee
Schedule, pursuant to Exhibit "B", which is attached hereto and incorporated herein by
reference.
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 Consl!Hant sl~all be r~:mittcd to retain copies, i:!cluding reprcducible
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.
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
scction 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.
II. 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 ofthe 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, ifrequested 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 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.
l6.NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Kurt Bressner, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
James McDonald
PBS & J
3230 W. Commercial Blvd.
Fort Lauderdale, FL 33309
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.
1=\05 -1<01
CONSULTANT AGREEMENT FOR
LANDSCAPE ARCHITECTURAL CONSULT ANT SERVICES
THIS AGREEMENT is entered into between the City of Boynton Bcach, hereinafter referred to
as "the City", and The RMPK Group, 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 LANDSCAPE
ARCHITECTURAL CONSULTANT SERVICES.
2. TERM. This Agreement shall be for a period of two (2) years commencing on the date the
Agreement is executed by the City. The parties may agree to renew the Agreement for two
(2) additional two-year terms through the execution of a written Amendment to the
Agreement signed by both parties.
3. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"A" which is attached hereto and incorporated herein by reference, including the provision of
all labor, materials, equipment and supplies.
4. PAYMENT. The CITY shall pay ARCHITECT CONSULTANT in accordance with the Fee
Schedule, pursuant to Exhibit "B", which is attached hereto and incorporated herein by
reference.
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.
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.
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 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.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Kurt Bressner, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
Russell Moore
The RMPK Group
1519 Main St.
Sarasota, FL 32435
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 Oc.roher
,2005':
CITY OF BOYNTON BEACH
CONSULTANT
m.A
;r
City Manager
Attest! Authenticated:
(Corporate Seal)
Approved as to Form:
~YA~
Attest/ Authenticated:
i~~JArr
Secretary
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH
SS:
)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
f.p;rf,LL HmeF. as Jl2F~I0E.N\ of j(~PIC {)([JuP named in the
foregoing agreement and that he/she acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in himlher by said
and that the Corporate seal affixed thereto is the true corporate seal of
i"'\fY P"~,,, Notary Public Slate 01 FlOrida
. c: James C Taylor
~'" 'tft; My CommiSSion 00457875
'0' f\,: Expires 08/03/2009
My Commission Expires: It /1/ocr
ATTACHMENT A
LANDSCAPE ARCHITECTURAL CONSULT ANT SERVICES
SCOPE OF SERVICES
A specific Scope of Services wi11 be developed based on each project and may vary
according to 111C requiren1cnts of the project.
The Scope of Services may include the fo11owing:
. Development of park and public space conceptual plans and site planning
. Development of park and public space master plans
. Development of landscape and irrigation plans
. Preparation of plans and specifications for horizontal and vertical construction
. General landscape architectural serviccs
. Development of entryway, identification and interpretive signage
. Pedestrian and bikeway design and specifications
. Design of barrier-free facilities
. Conduct public meetings and attain public consensus
. Recommendation of public art or landscape features
. Selection and management of subconsultants
. Permitting
. Bidding assistance
. Construction management and support
EXHIBIT B
HOURLY FEE SCHEDULE
The RMPK Group, Inc maintains the following hourly fee schedule:
Principal $145.00 I
J'!:.oject Manager $105.00
-'-'---
Planner , $90.00
Landscaoe Architect $90.00
CADD Technician $70.00
Clerical $55.00
VI
r:",. -",
'~FT~"
DURR AND ASSOCIATES, INC
12008 SUUTH SHURE i:3LVLJ., SlJlTL 207
WLLLlNI; I UN Fl. 33/1]/)
V: 561 :JO:J 5-100 I: 5>.')1 3D35/Hil
Hourlv Rate Schedule
Effective February I, 2005
Principal $160
Project Management (Landscape Arch.) $150
Project Management (Planning) $120
Project Management (Graphics Design) $120
Design Services (LA, Interior) $105
Graphics/ Computer Imaging $75
Landscape Design $65
CAD Drafting $60
Administrative Services $55
DATED this ~ day of De.rober
, 200.0 .
CITY OF BOYNTON BEACH
c"y~
CONSULTANT
Attest/Authenticated:
Signature
Richard M. bel
Seaior Vice President
Printed Name
Title
(Corporate Seal)
Approved as to Form:
Attest! Authenticated:
DWl1
Office of the City Attorney
tDh )nt;;
<~~-
Secretary Charle. Nostra
Assistant Secretary
-
STATE OF FLORIDA
)
) SS:
COUNTY OF f ALM Bl':ACH tJ)
(l'\.\'(:l...n---~"'-""-<...
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgrnents, personally appeared
rz,d~Jfl\,f;r"~.J..( as~'","rvf of ('f'><;l-T named in the
foregoing agreement and that he/she- acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in himlher by said
f' (', f ~ ! and that the Corporate seal affixed thereto is the true corporate seal of
said Corporation.
Witness my hand and official seal in the County and State last aforesaid this ;2 s-Ii day of
f1- "';) ...., j-- , 2005.
nIlPOIl.t,lf LYNN SHIMEL
NOTARYI'UllLlCSTATE OF FLOIUDA
~~~--
My Commission Expires:
rYJY~,~
NOTARYP . /
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Printed Name
ATTACHMENT A
LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES
SCOPE OF SERVICES
A specific Scope of Services will be developed based on each project and may vary
according to the requirements of the project.
The Scope of Services may include the following:
· Development of park and public space conceptual plans and site planning
· Development of park and public space master plans
· Development oflandscape and irrigation plans
· Preparation of plans and specifications for horizontal and vertical construction
· General landscape architectural services
· Development of entryway, identification and interpretive sign age
. Pedestrian and bikeway design and specifications
· Design of barrier-free facilities
· Conduct public meetings and attain public consensus
· Recommendation of public art or landscape features
· Selection and management of subconsultants
· Permitting
. Bidding assistance
· Construction management and support
PBS&J's 2005
Fee Schedule
Exhibit
B
JOB TITLES I Average Hourly Rate
(FLORIDA)
Principal, Proj. Director $185.00
Sr. Project Engineer $155.00
Sr. Project Manager $150.00
Sr. Engineer $145.00
Project Manager $12500
Project Engineer $100.00
Sr. Technical Coord. $90.00
Technical Coordinator $80.00
Sr. Designer $75.00
Designer $65.00
Sr. CAD Technician $70.00
CAD Designer Technician $60.00
Admin. Assist. $60.00
Clerical $50.00
Principal Landscape Arch. $15500
Sr. Landscape Architect $130.00
Landscape Architect II $75.00
Landscape Architect I $60.00
Landscape Designer $5000
Sr. Urban Planner $130.00
Urban Planner $75.00
Sr. Scheduler $135.00
Scheduler $85.00
Sr. Estimator $100.00
Estimator $80.00
Sr. Const. Management Rep. $120.00
Const. Mgt. Field Inspector $90.00
Survey Manager $150.00
Sr. Surveyor/Mapper $125.00
Sr. Surveyor Tech. $75.00
Survevor S~ort Staff $65.00
Note: PBS&J's professsional
hourly rates provided above
include all overhead
and profit, but do not include
reimbursable expenses.
(refer attached list)
EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
PBS&J shall be reimbursed for monthly 'out-of-pocket' expenses incurred by
PBS&J and staff during the normal execution of this contract. These expenses
shall be deemed necessary in the performance of the Scope of Work or as
requested by the City. PBS&J shall provide copies of paid receipts, invoices,
and/or other documentation acceptable to the City. Expenses may include such
items as:
In excess of normal production needs:
8.5"X 11" B&W Copies
11" X 17" B&W Copies
24" X 36" B&W Bond Prints
24" X 36" Vellum B&W Prints
8.5"X11" Color Copies
11 "X 17" Color Copies
24"X 36" Color Prints
Reductions on Bond
Binding Reports with Plastic
Illustrations Dry-mounted
Mileage
Tolls
Federal Express
Mailing Costs
Supplies
Advertisement Cost
Other Expenses Incurred/CRA Approval
$ .05 each
$ .10 each
$ 1.00 each
$ 9.00 each
$ 2.50 each
$ 2.50 each
$25.00 each
$ 2.50 each
At cost
At cost
$ .405 per mile
At cost
At cost
At cost
At cost
At cost
At cost
PBS&J's 2005
Fee Schedule
Exhibit
B
JOB TITLES I Average Hourly Rate
(FLORIDA)
Principal, Proj. Director $185.00
Sr. Project Engineer $155.00
Sr. Project Manager $150.00
Sr. Engineer $145.00
Project Manager $125.00
Project Engineer $100.00
Sr. Technical Coord. $90.00
Technical Coordinator $80.00
Sr. Designer $75.00
Designer $65.00
Sr. CAD Technician $70.00
CAD Designer Technician $60.00
Admin. Assist. $60.00
Clerical $50.00
Principal Landscape Arch. $155.00
Sr. Landscape Architect $130.00
Landscape Architect II $75.00
Landscape Architect J $60.00
Landscape Designer $50.00
Sr. Urban Planner $130.00
Urban Planner $75.00
Sr. Scheduler $135.00
Scheduler $85.00
Sr. Estimator $100.00
Estimator $80.00
Sr. Const. Management Rep. $12000
Const. Mgt. Field Inspector $90.00
Survey Manager $15000
Sr. Surveyor/Mapper $125.00
Sr. Surveyor Tech. $75.00
Surveyor Support Staff $65.00
Note: PBS&J's professsional
houriy rates provided above
include all overhead
and profit, but do not include
reimbursable expenses.
(refer attached list)
EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
PBS&J shall be reimbursed for monthly 'out-of-pocket' expenses incurred by
PBS&J and staff during the normal execution of this contract. These expenses
shall be deemed necessary in the performance of the Scope of Work or as
requested by the City. PBS&J shall provide copies of paid receipts, invoices,
and/or other documentation acceptable to the City. Expenses may include such
items as:
In excess of normal production needs:
8.5"X 11" B&W Copies
11" X 17" B&W Copies
24" X 36" B&W Bond Prints
24" X 36" Vellum B&W Prints
8.5"X11" Color Copies
11"X 17" Color Copies
24"X 36" Color Prints
Reductions on Bond
Binding Reports with Plastic
Illustrations Dry-mounted
Mileage
Tolls
Federal Express
Mailing Costs
Supplies
Advertisement Cost
Other Expenses Incurred/CRA Approval
$ .05 each
$ .10 each
$ 1.00 each
$ 9.00 each
$ 2.50 each
$ 2.50 each
$25.00 each
$ 2.50 each
At cost
At cost
$ .405 per mile
At cost
At cost
At cost
At cost
At cost
At cost
RD5-llo\
CONSULTANT AGREEMENT FOR
LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and The Land Stewardship Companv, 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 LANDSCAPE
ARCHITECTURAL CONSULTANT SERVICES.
2. TERM. This Agreement shall be for a period of two (2) years commencing on the date the
Agreement is executed by the City. The parties may agree to renew the Agreement for two
(2) additional two-year terms through the execution of a written Amendment to the
Agreement signed by both parties.
3. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"A" which is attached hereto and incorporated herein by reference, including the provision of
all labor, materials, equipment and supplies.
4. PAYMENT. The CITY shall pay ARCHITECT CONSULTANT in accordance with the Fee
Schedule, pursuant to Exhibit "B", which is attached hereto and incorporated herein by
reference.
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 regnlations 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.
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 $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of$I,OOO,OOO.
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 ofthis 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.
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 agreemcnt, if requcsted 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 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.
16.NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Kurt Bressner, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
Jo Ellen Leisinger
The Land Stewardship Company
200 DeSota Rd.
W~st Palm Beach, FL 33405
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 -A.L. day of OeTobt"'.w
CITY OF BOYNTON BEACH
Ii
City Manager
Attest! Authenticated:
,2005'" .
CONSULTANT
~
-2.15~r>5
J fUe~
Printed Name
Lei. ':71" v\.6.effk~
, Title
( Corpo
Approved as to Form: Attest/Authenticated:
~ lol./D<;;
Office of the City Attorney
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
jo ell",.;. I ,,,,.~)"'i\. as )ct.....iA'I of L~~ ':l-lev.>A\l.c..l'\l (0. named in the
foregoing agreement d that he/@acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him.€9by said
:xl.4.. ,~ ~ 9..0:1 ^ and that the Corporate seal affixed thereto is the true corporate seal of
said Corporation.
Witness my hand and offic' a
\}("""I,... , 2005.
"'-----....
...."'.. JOANNE J. RUFFOlO
$~m' ".;;;-:" Notary Public . State 91 Fklrida
i. . . iMY CommIssiOn ExpIn!s Dee 22. 2007
,.. ill ComrniUion # 00 402261
...... .Hr............ Bonded By National NotIry Alan.
My ommission Expires:
v
ATTACHMENT A
LANDSCAPE ARCHITECTURAL CO:-.lSULTANT SERVICES
SCOPE OF SERVICES
A specific Scope of Services will be developed based on each project and may vary
according to the requirements of the project.
The Scope of Services may include the following:
. Development of park and public space conceptual plans and site planning
. Development of park and public space master plans
. Development of landscape and inigation plans
. Preparation of plans and specifications for horizontal and vertical constntction
. General landscape architectural services
. Development of entryway, identification and interpretive signage
. Pedestrian and bikeway design and speci fications
. Design of barrier-free facilities
· Conduct public meetings and attain public consensus
. Recommendation of public art or landscape features
. Selection and management of subconsultants
. Permitting
. Bidding assistance
. Construction management and support
EXHIBIT "B"
FEE SCHEDULE
Effective: August 24'h, 2005
LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES
CONSULTANT AGREEMENT
between
THE CITY OF BOYNTON BEACH, FLORIDA
and
THE LAND STEWARDSHIP COMPANY
HOURLY BILLING RATES
THE LAND STEWARDSHIP COMPANY (Lead Consultant)
landscape architecture and public space design (parks, streetscapes,
pedestrian/bikeways, barrier free sites, public art and landmarks) public involvement,
team management and quality control, including permitting and post design services.
Principal/ Project Manager..............................$ 125.00 per hour
Landscape Architect / Planner...........................$ 100.00 per hour
CADD Technician...................................... ...$ 65.00 per hour
SUB-CONSULTANTS (Please refer to attached rates for each firm)
Mine Your Own Business (MYOB - Angela Budano):
environmental graphic design and signage, horticulturai garden therapy and city liaison
Control Precipitation Design (CPO):
irrigation design
Saltz Michelson (SMA):
architecture and planning for parks, educational facilities including therapeutic centers
Shalloway Engineers (SFRN):
engineering and surveying
Company Hourly Rates- B.Sch. 8.24.05.doc
Page 1 of 5
~ ala 733.3000
~ Fax 1118.52S8
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mrob@bellsouth...et
24 August 2005
EXHIBIT "Boo
Continued
Jo Ellen Leisinger
Land Stewardship Company
200 DeSota Road
West Palm Beach, FL 33405
Dear Jo Ellen:
With regard to the continuing contract for the City of Boynton Beach
please let this letter note my hourly rate to be $65.00 to provide project coordination
and design services.
Looking forward to working with you.
Sincerely,
fl<~t~~0
~) ;,;
Angela F. Budano
President
Control Precipitation Design Inc.
P.o. Box 2268
Boca Raton, Fl. 33486
Irrigation Consultants
(561) 391-3936
EXHIBIT "B"
Continued
August 23, 2005
Billing rates for irrigation consulting services:
Principal Consultant rate:
$105.00 per hour
Drafting I Cad rate:
55.00 per hour
Clerical:
25.00 per hour
SALTZ \I1CHELSON
---- -- ---
ARCHITECTS
EXHIBIT "B"
Continued
Current Billing Rate Schedule
Principal $210
Senior Project Manager II $125
Senior Project Manager I $115
Project Manager $110
Project Architect II $95
Project Architect I $85
CAD Draftsperson $70
Designer $115
Contract Administrator $115
Administrative Assistant $50
1800 AUSTRALIAN AVENUE SOUTH. SUITE 102
WEST PALM BEACH. FL 33409-6450
(561)689-1870 FAX: [561)689-0129
WWW.SALTZMICHELSON.COM E-MAIL: $MA@SALTZMICHELSON.COM
AA-0002897
EXHIBIT "B"
Continued
SFRN, INC.
2005 FEE SCHEDULE
Regular Discounted
Rate Rate
PRESIDENT $230.00 $165.00
SR. CORPORATE OFFICER $216.00 $155.00
CORPORATE OFFICER $209.00 $149.00
EXPERT WITNESS $230.00 $165.00
SR. PROJECT MANAGER $180.00 $129.00
PROJECT MANAGER $166.00 $118.00
SR. ENGINEER $159.00 $113.00
PROJECT ENGINEER $137.00 $98.00
SR .PROJECT LAND SURVEYOR $159.00 $113.00
PROJECT LAND SURVEYOR $137.00 $98.00
SR. FIELDREPRESENTATIVE $130.00 $93.00
FIELD REPRESENTATIVE $108.00 $77.00
SR. AUTOCAD/GIS TECH $130.00 $93.00
AUTOCAD/GIS TECH $115.00 $82.00
SR. TECHNICIAN $101.00 $72.00
TECHNICIAN $94.00 $67.00
COMPUTER TECHNICIAN $51.00 $46.00
3 PERSON SURVEY CREW $173.00 $124.00
2 PERSON SURVEY CREW $159.00 $113.00
GPS CREW $232.00 $190.00
SR. ADMIN. ASSISTANT $62.00 $57.00
ADMINISTRATIVE ASSISTANT $57.00 $52.00
CLERICAL $51.00 $46.00
COURIER $51.00 $41.00
Reimbursable Expenses
81/2 x 11 B/W Copies
8 1/2 x 11 Color Copies
In- House Blackline Prints 24 x 36
Mylars 24 x 36
Mileage
Fax
Scanned Print 24 x 36
Color Plot 24 x 36
Postage
Outside Printing
Outside Consultant
$0.25
$0.50
$2.00
$8.00
$0.375
$0.25
$2.00
$15.00
Cost
Cost + 1.5%
Cost + 1.5%
2005 FEE SCHEDULE
DISC.2
WORKERS COMPENSATION and EMPLOYEES LIABILITY
Effective: August 24th. 2005
LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES
CONSULTANT AGREEMENT
between
THE CITY OF BOYNTON BEACH, FLORIDA
and
THE LAND STEWARDSHIP COMPANY
THE LAND STEW ARDSHIP COMPANY has two (2) employees and is not required by law to
provide Workers Compensation and Employees Liability Insurance.
Sincerely,
Consultant:
11. z.<;?; .> 'J
I
(Date)