R05-185
II
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2 RESOLUTION NO. R05- ,?b'
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING AND AUTHORIZING THE EXECUTION
7 OF A PROFESSIONAL SERVICES AGREEMENT
8 BETWEEN THE CITY OF BOYNTON BEACH AND
9 PBS&J TO PROVIDE LANDSCAPE ARCHITECTURAL
10 SERVICES FOR THE DEVELOPMENT OF A
11 LANDSCAPE IRRIGATION PLAN FOR JAYCEE
12 PARK IN THE AMOUNT OF $19,600.00; AND
13 PROVIDING AN EFFECTIVE DATE.
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15
16 WHEREAS, PBS&J is on the current approved list of landscape architects and was
17 selected because of their experience on the development of similar projects; and
18 WHEREAS, upon recommendation of City staff the City Commission deems it in
19 the best interest of the citizens and residents of the City of Boynton Beach, Florida, to
20 approve and authorize the City Manager to enter into the Professional Services Agreement
21 with PBS&J.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption.
26
Section 2.
The City Commission of the City of Boynton Beach, Florida does
27 hereby authorize and direct execution of a Professional Services Agreement with PBS&J for
28 landscape architectural services for the development of a Landscape Irrigation Plan for
29 Jaycee Park in the amount of$19,600, a copy of which Agreement is attached hereto.
30
31
Section 3.
This Resolution shall become effective immediately upon passage.
C:\Documents and Settings\ferraral\Desktop\Consultant ~ PBS&J 1101 OS.doc
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1 PASSED AND ADOPTED this ~ day of November, 2005.
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3 CITY OF BOYNTON BEACH, FLORIDA
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13 --'J
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16 mmlSSlOner
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18 ATTEST:
19 Commissioner
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23 1~~Clerk 1j4 ~~
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25 CIDocuments and Seningslferraral\Desktop\Consultant - PBS&J 11 0105 doc
C:\Documents and Settings\ferraral\Desktop\Consultant - PBS&J 110105.doc
PBSJ
THIS AGREEMENT, made and entered inlo October 15, 200s , by and between Post, BUckley, Schuh & Jemigan, Inc.
(PBS&J) and the Client identified herein, Provides for Ihe Professional Services deSCribed under Item 2 of this
Agreement.
flo~ -IF/S:
PROFESSIONAL SERVICE AGREEMENT
Rev. 10/00
Public Client
CLIENT: City of Boynton Beach
ADDRESS: 100 E. Bovnton Beach Blvd.
Boynton Beach Florida 33425-0310
PHONE NUMBER: 561.742.6226
FAX NUMBER: 561.742.6233
PROJECT NUMBER:
CONTACT PERSON: Jody Rivers, Parks Superinten.
2. SCOPE OF SERVICES TO BE PROVIDED BY PBS&J
(If additional pag.. are nec".ary, they are identified as Attachment A):
Tasks & Deilvemble" I. 1.000000n of Ex;s'n~ T..os & T reo Removal Plan
::, ~?;: ~::~~~""
~ ~. rS1;~~~:;;';t~~i;:,:J
SHORT TITLE: Jaycee Park Development
1. ~~~~~1S~E~J~~~~~Z~:;!:;~~~~~iF.~~;~:~.~:e~p
3. THE COMPENSATION TO BE PAID PBS&.! for providIng the requ..ted .ervlce. .hall be
(If additional page. are necessary, they are Identified a. Attachment B):
o DIrect personnel expen.e plus a .urcharge of %, plu. reimbursable cOSIs.'
o A Lump-Sum charge of $ , plu. out-lif-pocket expen.....
o Unit COSIITlme Charg.. Identified In Attachment B, plu. relmb~ ~.'" '. ,..
o Other - See Attachment B. cr;;;[p:.~ . ~ _ JJ '.
· See explanation under Item 5 below. /_ ~ A U <'~rro.~
4. IF PBS&J'. SERVICES UNDER THIS AGREEMENT ARE DELAYED for rea.on. beyond
PBS&.!'. control, the time of performance .hall be adJu.ted apProPriately. Except where the
.ervlce. provided are under a Contlnuou. .ervlce contract for more than one year, If the .ervlces
under thl. Agreement are delayed for a period of more than one (1) year from the beginning date
(a. above provided), the fe.. .hall be .ubJect to renegotiation; any change In .uch fe.. .hall
apply only 10 the unfinished .ervlce. a. of the effective date of .uch change,
IN WITNESS WHEREOF, ~ls Agreeme"t ;s accepfed on ~e dale wrllten above and Subject to ~e Ie""s and condmons set
torth above. (SIGN IMTH BAlL POINT PEN)
- /f:'
CUENT:l/<l,t/FtJ./../ /:1.etll-h
Distribution: Copy 1 - PBS&J; Copy 2 - Client; Copy 3 _ PBS&J Accounting
SIGNED:
TYPED NAME:
TITLE: _
DATE: ~
KURT BR
CITY MANAGER
ROVNTON BEACH. Fl
11-3-0,
Public Client Rev. 10/00
5. COMPENSATION: Direct personnel expense shall be defined as: the cost of salaries and fringe benefit costs related to vacation, holiday, and sick leave pay; contributions
for Social Security, Workers' Compensation Insurance, retirement benefits, and medical and insurance benefits; unemployment and payroll taxes; and other allowed benefits
of those employees directly engaged in the perfonnance of the requested service.
Reimbursable costs include: fees of Professional Associates (whose expertise is required to complete the project) and out-ot.pocket expenses, the cost of which shall be
charged at actual costs plus an administrative charge of 18% and shall be itemized and included in the invoice.
Typical out-of.pocket expenses shall include, but not be limited to, travel expenses (lodging, meals, etc.), job-related mileage at the prevailing Company rate, long distance
telephone calls, courier, printing and reproduction costs, and survey supplies and materials. In the event the requested service involves the use of electronic measuring
equipment, computers, plotters, and other special equipment such as boats, swamp buggies, etc., an additional direct charge shall be made for the use of this equipment
It is understood and agreed that PBS&J's services under this Agreement are limited to those described in Item 2 hereof (and Attachment A, if applicable) and do not include
participation in or control over the operation of any aspect of the project. Compensation under this Agreement does not include any amount for participating in or controlling
any such operation.
6. INVOICE PROCEDURES AND PAYMENT: PBS&J shall submit invoices to the Client for work accomplished during each calendar month. For services provided on a Lump
Sum basis, the amount of each monthly invoice shall be determined on the "percentage of completion method" whereby PBS&J will estimate the percentage of the total work
(proVided on a Lump Sum basis) accomplished during the invoicing period. Monthly invoices shall include, separately listed, any charges for services for which time charges
and/or unit costs shall apply. Such invoicea shall also include, separately listed, any charges for Profeasional Associates and reimbursable costs. Such invoices shall be
submitted by PBS&J as soon as pOSSible after the end of the month in which the work was accomplished and shalt be due and payable by the client upon receipt.
The Client, as owner or authorized agent for the owner, hereby agrees that payment as provided herein will be made for said work within 30 days from the date the invoice
for same is mailed to the Client at the address set out herein or is otherwise delivered, and, in default of such payment, hereby agrees to pay all costs of collection, including
reasonable attomey's fees, regardless of whether legal action is initiated. The Client hereby acknowledges that unpaid invoices shall accrue interest at the maximum retailed
by law after they have been outstanding for over 30 days. PBS&J reserves the right to suspend all services on the Client's project without notice if an invoice remains unpaid
45 days after date of invoice. This suspension shall remain in effect until all unpaid invoices are paid in full.
It is understood and agreed that PBS&J's services under this Agreement do not include participation, whatsoever, in any litigation. Should such services be required. a
supplemental Agreement may be negotiated betNeen the Client and PBS&J describing the services desired and providing a basis for compensation to PBS&J.
7. COST ESTIMATES: Client hereby acknowledges that PBS&J cannot warrant that any cost estimates provided by PBS&J will not vary from actual costs incurred by the
Client.
8. LIMIT OF LIABILITY: The limit of liability of PBS&J to the Client for any cause or combination of causes shall be, in total amount, limited to the fees paid under this
Agreement.
9. CONSTRUCTION SERVICES: If, under this Agreement, professional services are provided during the construction phase of the project, PBS&J shall not be responsible
for or have control over means, methods, techniques, sequences. or procedures, or for safety precautions and programs in connection with the Work; nor shall PBS&J be
responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents or for the Contractor's failure to comply with applicable laws,
ordinances, rules or regulations.
10. INSURANCE: PBS&J shall at all times carry Workers' Compensation insurance as required by statute; commercial general liability insurance including bodily injury and
property damage; automobile liability coverage; and professional liability coverage. Insurance certificates will be provided to the Client upon request. Client agrees to require
that PBS&J be named as an additional insured on insurance coverages provided by contractors on the project.
11. ASSIGNMENT: Neither the Client nor PBS&J will assign or transfer its interest in this Agreement without the written consent of the other.
12. SUSPENSION, TERMINATION, CANCELLA nON OR ABANDONMENT: In the event the project described in Attachment A, or the services of PBS&J called for under this
Agreement, islare suspended, cancelled, terminated or abandoned by the Client, PBS&J shall be given seven (7) days prior written notice of such action and shall be
compensated for the professional services provided up to the date of suspension, termination, cancellation or abandonment in accordance with the provisions of this
Agreement for all wor!< performed up to the date of suspension, termination, cancellation or abandonment, including reimbursable expenses.
13. ENTIRETY OF AGREEMENT: This writing, including attachments and addenda, if any, embodies the entire agreement and understanding betNeen the parties hereto, and
there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No
alteration, change or modification of the tenns of this Agreement shall be valid unless made in writing signed by both parties hereto.
14. DOCUMENTS: Any reuse by the client or others of documents and plans that result from PBS&J's services under this agreement shall be at the Client's or others' sole risk
without liability to PBS&J.
15. WAIVER: Any failure by PBS&J to require strict compliance with any provision of this contract shall not be construed as a waiver of such proVision, and PBS&J may
subsequently require strict compliance at any time, notNithstanding any prior failure to do so.
16. DISPUTE RESOLUTION: If a dispute arises out of or relates to this Agreement or the breach thereof, the parties will attempt to settle the matter betNeen themselves. If no
agreement can be reached the parties agree to use mediation with a mutually agreed upon mediator before resorting to a judicial forum. The cost of a third party mediator will
be shared equally by the parties. In the event of litigation, the prevailing party will be entitled to reimbursement of all reasonable costs and attorneys' fees. The parties
mutually agree that a similar dispute resolution clause will be contained in all other contracts executed by Client concerning or related to this contract and all subcontracts
executed by PBS&J.
17. HAZARDOUS WASTE, MATERIALS OR SUBSTANCES: Unless otherwise specifically provided in this Agreement, PBS&J shall not be responsible for or have control over
the discovery, presence, handling, removal, transport or disposal of hazardous waste, materials or substances in any fonn on the project site.
18. GOVERNING LAW: This Agreement shall be governed by and construed according to the laws of the State where the situs of the work is located.
19. LIMITED COPYRIGHT LICENSE: PBS&J grants Client a paid.up, non-transferable, non-exclusive license to make or have made copies of any copyrightable
materials delivered under this Agreement and specifically marked by PBS&J as "Reproduction Authorized".
20. INTELLECTUAL PROPERTY: VVith the sole exception of specifically marked reproducible materials subject to the Limited Copyright License herein, all worldwide right, title
and interest in and to any and all Intellectual Property conceived, invented. authored or otherwise made by or on this Agreement shall remain the sole and exclusive property
of PBS&J, its successors and assigns unless licensed or assigned by PBS&J pursuant to a separate written instrument The term "Intellectual Property shall be construed
broadly to include all fonns of intellectual property including without limitation all inventions, discoveries, designs, plans, improvements, trademarks, service mar!<s and
copyrights in drawings, computer programs, architectural works and in all other original works of authorship.
ATTACHMENT. Scope of Services
ATTACHMENT B-Compensation
ADDENDA A (W required)
ATTACHMENT B
Jaycee Park Development
PBS&J Professional Service Agreement
October 15, 2005
This Professional Service Agreement is being undertaken as a Work Order
under the Consultant Agreement for continuing Landscaoe Architectural
Consultant Services that PBS&J has entered into with the City of Boynton Beach.
All terms of the Consultant Agreement apply to the work to be performed under
this agreement.
The following Tasks are as outlined in a draft Scope of Services provided
to PBS&J by the City.
Task
ComDensation
I. Tree Survey & Removal Plan
II. Landscape Planting Plan
III. Landscape Irrigation Plan
IV. Cost Estimate
V. Play Equipment Location Plan
VI. Prepare SFWMD Permit
$2,200.00
$7,500.00
$6,600.00
$1,200.00
$ 600.00
$1,500.00
Additional Services
Post Design Services $2,300.00
PBS&J will be present for pre-bid and pre-construction meetings to
answer questions and to provide direction to contractors. All
landscaping and irrigation shop drawings will be reviewed and
approved or rejected with comments. All trees for use on the project
will be pre-approved before delivery to the site. Three interim and one
final inspection of project irrigation and landscaping will be provided
including a report prepared for each inspection.
The fees listed above include two coordination meetings.
Attendance at additional meetings will be charged at a rate of
$110. per hour.
Items to be Furnished bv Client
The client will provide base information, including, but not limited
to: site survey, civil drawings, Le. paving and drainage plans,
existing and proposed utility plans, site layout plans, lighting
plans, etc., plus proposed architectural drawings for all buildings
and structures.
Deliverables
I. Tree Survey & Removal Plan
. Provide a plan showing the location, size and species for all
existing trees within the project site area. The plan will also identify
all trees to be removed in the final site development plan. This
document will be produced and certified by a Registered
Landscape Architect.
II. Landscape Planting Plan
. Complete landscape architectural construction documents for the
bidding and construction of the landscape design. Documents will
include: plans, details, and technical specifications.
III. Landscape Irrigation Plan
. Complete irrigation construction documents for the bidding and
construction necessary for the installation of a full irrigation system
for all of the landscaped areas. Documents provided will include:
plans, details, and technical specifications.
IV. Cost Estimate
. A cost estimate of the approved site development plan for all
landscape plans and the irrigation system will be provided.
V. Play Equipment Location Plan
. Play equipment selected by the City will be located on the site
plans based on orientation, access, safety, and relation to other site
facilities.
VI. SFWMD Permit Application
. A SFWMD permit application will be prepared for a well that would
be used as the water supply for the irrigation system.
Schedule
PB5&J will work within the Wantman Group's project schedule to
provide the tasks listed above. It is understood that 95%
drawings are to be completed by mid November of 2005.
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Jody Rivers
Parks Superintendent
FROM:
Janet M. Prainito
City Clerk
DATE:
November 8, 2005
RE:
R05-185 - Professional Services Agreement with PBS&J to provide
landscape architectural services for the development of a Landscape
Irrigation Plan for Jaycee Park
Attached for your information and files is a copy of the above-mentioned contract and
Resolution. I have retained the original in Central File.
Thank you.
&:: m. ~
achment
S:\CC\WP\AfTER COMMISSION\Departmental Transmittals\2005\Jody Rivers - PBS&J Agreement for landscape Architectural. R05-185.doc