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R05-184 II 1 2 RESOLUTION NO. R05- I ~ 'i 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 LANDSCAPE SERVICES PROPOSAL BETWEEN 8 THE CITY OF BOYNTON BEACH AND GLATTING 9 JACKSON KERCHER ANGLIN LOPEZ REINHART 10 (GLATTING JACKSON) TO PROVIDE LANDSCAPE 11 ARCHITECTURAL SERVICES FOR THE 12 DEVELOPMENT OF A MASTER PLAN FOR 13 CONGRESS AVENUE COMMUNITY PARK IN THE 14 AMOUNT OF $118,500.00; AND PROVIDING AN 15 EFFECTIVE DATE. 16 17 18 WHEREAS, Glatting Jackson is on the current approved list oflandscape architects 19 and was selected because of their experience in the development of similar projects; and 20 WHEREAS, upon recommendation of City staff the City Commission deems it in 21 the best interest of the citizens and residents of the City of Boynton Beach, Florida, to 22 approve and authorize the City Manager to enter into the Landscape Services Proposal with 23 Glatting Jackson in the amount of$118,500.00. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby authorize and direct execution of a Landscape Services Proposal with Glatting 30 Jackson for landscape architectural services for the development of a Master Plan for 31 Congress Avenue Community Park in the amount of $118,500, a copy of which Agreement S:\CA\RESO\Agreements\Consultant Agmt Resos\Consultant w Glatting Jackson.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II 1 is attached hereto. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /d- day of November, 2005. ATTEST: _0. J / h~<Z;f(} ~ . -/12 z:- ity Clerk ~7 CITY OF BOYNTON BEACH, FLORIDA Con\1 . . '-...._--_._,.~ S:\CA\RESO\Agreements\Consultant Agmt Resos\Consultant - Glatting Jackson.doc ~ ~ [C JllckF.GllItting.Founder WilIiamJ.Anglin,Jr DlIvidL. Barth Gregory A. Bryla Frances E. Chandler-Malina CharlesP.Cobble JayH. Exum CareyS. Hayo 111Y R. Hood TimolhyT.Jackson WillillmC.Kercher.Jr. WlllterM. Kulash STentA. Lacy SharonK. Lamantia Thomas J. McMacken. Jr John H. Percy John F. Rinehart TroyP_Russ PelerCSechler CharlcsMAtkins Dan E. Burden Karen T. Campblin NatcL.C1air David R. Claus ToddDClement, MichaelR,Cocluan A, Blake Drury Christi S, Elnein Douglas Y. Gaines lohnT.Griillnlll BnlceC.l-lall DavidM.Hoppes Patricia Sepulveda-Hurd Gail D. Laccy WilliamD.Lites [an M. Lockwood KokWanMah JeffreyF. Manuel Edward J. McKinney Randall S, Mcjcur Douglas A. Metzger John1-Moorelll BalrajN,Mohabeer Jonathan M. Mugmon KllrenD. Nelson KathleenS,Q'Sullivan Kelley Samuels Peterman Heather 1- Phiel Mary Taylor Raulersoll NancyM, Robens TaTllL.Salmieri AndrewB.Sheppard MikeP. Sobczak JeffMSugar Ronald L.Urbaniak G.WadeWalker GaryE. Wamer JohnPaulWee5ner Donald G. Wishm1 Community Planning & lJe,lign 222 Clematis Street Suite20Q West Palm Beach Florida 33401 P: 561 6596552 F: 561 83~ 1790 www.glatling.com Atlanta. Orlando West Palm Beach GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART Ro~-16L/ Task Order #05-01 City of Boynton Beach Congress Avenue Community Park Glatting Jackson Project No. 19131.0 October 10, 2005 EXHIBIT A - SCOPE OF SERVICES AND FEE SCHEDULE 1.0 PROJECT DESCRIPTION 1.1 The City of Boynton Beach (Client) desires to retain Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. (Glatting Jackson) to develop a Master Plan for Congress A venue Community Park. The project is a 13.5-acre parcel located at 31 1 I Congress Avenue in the City of Boynton Beach, Florida. The Client is the owner of the project. 1.2 The Client desires for Glatting Jackson to develop a Master Plan for the project in this first phase of work. If requested by the Client, upon approval of the Master Plan Glatting Jackson shall submit a proposal for the preparation of design and construction documents, permit applications, bidding assistance and construction observation. 1.3 Prior to the completion of the Master Plan, the Client desires for Glatting Jackson to also develop a Well field Site Restoration Plan for the areas of the site impacted by well construction 1.4 The Preliminary Development Program for the project includes: . Picnic pavilions . Paved multi-purpose trails . "Boundless" playground . Sensory garden . Chinese garden . +/- 2000 s.f. clubhouse . Interpretive elements . Roadways and parking . Sign and way-finding system . Fencing . Landscaping and irrigation . Site lighting . Public art . Site furnishings, including benches, trash receptacles, drinking fountains, and bicycle racks 1.5 Hard (construction) and soft (design fees, expenses and geotechnical) costs for the project are currently estimated at a total of +/-$4 million dollars. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page I 018 [C include: Civil Engineering & Permitting Architecture, MIE!P, Site Electrical Landscape and Irrigation Public Art Michael B. Schorah & Associates Stephen Boruff, AlA, Architect Roy-Fisher Associates, Inc. Beth Ravitz 1.8 It is assumed that the services of a Geotechnical Engineer (soils, hazardous materials analysis) are not needed at this time, but will be proposed as needed in the next phase of work. 1.9 All work shall be completed in accordance with the terms and conditions of the Consultant Agreement for Landscape Architectural Consultant Services between the Client and Glatting Jackson dated October 5, 2005. 2.0 SCOPE OF SERVICES PART I - Project Management and Pre-Design 2.1 Project Coordination - In addition to the specific services detailed below, Glatting Jackson shall coordinate our work with the Client's representative and the Client's project team, monitor the project schedule as it relates to the scope contained herein, and provide timely invoicing and reporting of project progress. 2.2 Coordination of the Work of Subconsultants to Glatting Jackson - The Client hereby acknowledges and agrees that Glatting Jackson will assume responsibility for the coordination of work produced by any subconsultants to Glatting Jackson. However, the Client agrees that Glatting Jackson does not bear any liability for the technical accuracy of work prepared by others including subconsultants. All professional firms working on the project shall bear separate responsibility and liability for the work prepared by them. 2.3 Kick-off Meeting! Visioning Workshop - Glatting Jackson will attend a one (1) day workshop with the Client to develop a shared vision for the project. The purpose of this exercise is to develop an image of the project based on the development program and themes discussed. Agenda items to be discussed at the meeting include: . Project Scope and Schedule . Milestones! Public meetings! Presentations! Review and Approval Process . Communications . Base Map! Existing Data . Alternative Themes . Alternative Master Plan Concept(s) . Well field Site Restoration Concept(s) The Client shall provide Glatting Jackson with all available data before the Kickoff Meeting, including Environmental Assessments, Geotechnical Reports, Surveys and other data. Glatting Jackson shall rely on all information provided by the Client as accurate and correct. Any additional work required due to inaccurate or incorrect data provided by the Client shall be considered an Additional Service to this Agreement. GJatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 20f8 [C Part I Deliverables: As a result of these tasks. Glatting Jackson shall produce the following: . Kick-off! Visioning Workshop Minutes . Alternative Master Plan Concepts . Well field Site Concepts PART 11- Welllield Site Restoration Plan 2.4 Welllield Site Restoration Plan - Once the theme and general concept for the site has been determined, Glatting Jackson will prepare a Well field Site Restoration Plan for the areas of the site impacted by well construction. The Plan will be submitted to the Client at the 30%, 60% and 90% phases of development for review and comment, and Glatting Jackson will provide a digital copy of the 100% plans and specifications for the Client's use. Irrigation shall be provided by the Client on a temporary basis, and the Client will also be responsible for permitting, bidding and construction. Part II Deliverables: As a result of these tasks, Glatting Jackson shall produce the following: . Well field Site Construction Documents (30%, 60% & 90% submittals) . Well field Site Construction Documents (100% plans and specifications) PART III - Program Phase 2.5 Pnblic MeetingslWorkshops - Glatting Jackson shall attend up to four (4) public or focus group workshops to review and confirm the Preliminary Development Program for the project, and to review any concepts developed at the Visioning Workshop. The Client shall be responsible for all workshop logistics, including advertisements, meeting room reservations, refreshments, etc. 2.6 Interviews - Glatting Jackson shall attend up to five (5) interviews with elected officials, and/or others to review and discuss the Preliminary Development Program for the park. The Client shall schedule all interviews. Glatting Jackson will provide one (1) memorandum that summarizes all conducted interviews. 2.7 Final Development Program - Based on the results of the meetings, analysis and interviews outlined above, Glatting Jackson shall prepare and submit a draft of the Final Development Program to the Client for review and approval. Glatting Jackson shall revise the Development Program document one (1) time, if necessary, based on the Client's written review comments. If additional meetings, analysis, workshops and/or interviews are required to finalize the Program, they shall be provided as an Additional Services to this Agreement. 2.8 Development Program Presentation - Glatting Jackson will attend up to two (2) public meetings with the City Commission and the Recreation Advisory Board to present the Final Development Program if desired by the Client. Part III Deliverables - As a result of these tasks, Glatting Jackson shall produce the following: Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 3 0/8 [C One (1) memorandum summarizing meetings, interviews and workshops with elected officials, league representatives and/or others Draft and Final Development Program Memorandum summarizing comments from two (2) public meetings with Commission and/or Advisory Board PART IV - Analysis Phase 2.9 On-Site Wetland Demarcation Native Habitat Survey & Protected Species Survey- Glatting Jackson will verify the probable extent of wetland jurisdiction for the site pursuant to the regulatory authority of the South Florida Water Management District (SFWMD) and the US Anny Corps of Engineers (A CO E), and flag the estimated lines in the field if necessary. The estimated extent of wetlands will be overlaid on aerial photography and placed into our database for use in site planning. Glatting Jackson will assess the potential for occurrence of state and federally listed species that are listed as threatened, endangered, or species of special concern. Glatting Jackson will also compile a map of native habitats as defined by the City of Boynton Beach for use in the design of the project. 2.10 Contextual and Off Site Analysis - Glatting Jackson and Schorah and Associates shall analyze off-site conditions including utilities, rights-of-way and easements, roadways (existing and proposed), adjacent land uses, current and future circulation adjacent to the site affecting ingress and egress. 2.11 Site Analysis Memorandum and Base Map - Glatting Jackson shaH prepare a memorandum and map summarizing our findings from the tasks outlined above, and submit one (I) copy to the Client for review and comment. The base map shall form the basis for future design documents. 2.12 Review Meeting (Site Analysis) - Glatting Jackson will meet with the Client to review and discuss the Site Analysis Memorandum and Base Map, and to discuss any constraints to development of the site. Glatting Jackson shaH revise the Memorandum one (I) time based on the Client's comments, if necessary. If additional analysis or field investigation is determined to be necessary, it shall be provided as an Additional Service to this Agreement. Part IV Deliverables - As a result of these tasks, Glatting Jackson shall produce the following: Brief Letter Report Summarizing results of Wetland Demarcation Native Habitat Survey & Protected Species Survey Site Analysis Memorandum and Base Map (draft & ftnal) Review Meeting Minutes for Site Analysis Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 40f8 [C PART V - Master Plan Phase 2. I 3 Comparables Review - Glatting Jackson will spend up to two (2) days conducting research on comparable projects, including Chinese Gardens and Sensory Gardens, and will prepare a summary of the research findings for review and discussion with the Client. 2. I 4 Alternative Concepts - Glatting Jackson shall prepare up to three (3) alternative conceptual Master Plans for the site based on the Final Development Program and Site Analysis. If additional concepts or revisions to the concepts are requested by the Client prior to presentation at the review meetings described in the next task, they shall be prepared as an Additional Service. . 2.15 Master Plan Concept Review Meetings - Glatting Jackson shall attend up to four (4) meetings with the Client, the Recreation and Parks Board, the City Commission, the public and/or others to review and discuss the Alternative Concepts, and to determine a direction in which to proceed. The Client shall make all arrangements for the review meetings including providing facilities and inviting attendees. Glatting Jackson shall prepare a memorandum summarizing comments received at each meeting. The Alternative Concepts shall not be revised during this review process. At the conclusion of the review meetings the Client shall have selected one or more of the Master Plan concepts that will form the basis for the final Master Plan. 2.16 Draft Master Plan and Statement of Probable Construction Costs - Using the concept selected by the Client, Glatting Jackson shall prepare the Draft Master Plan for the project, as well as a statement of probable construction costs. 2.17 Draft Master Plan Client Review Meeting - Glatting Jackson shall attend one (I) meeting to review and discuss the draft Master Plan and costs with the Client and/or others. The Client shall provide one (I) set of consolidated review comments for Glatting Jackson to incorporate into the Final Draft of the Master Plan. 2. I 8 Final Draft Master Plan - Glatting Jackson shall prepare the draft Final Master Plan, based on the Clients review comments. 2. I 9 Final Draft Statement of Probable Cost - Glatting Jackson shall prepare the final draft of the statement of probable cost based upon the Final Draft Master Plan, and assuming a twelve (12) month single phase construction time frame. 2.20 Review Meetings/Presentations - Glatting Jackson shall attend up to three (3) review meetings to present and/or discuss the final draft Master Plan and Statement of Costs. Glatting Jackson shall prepare a consolidated set of written review comments from the review meetings and presentations. 2.2 I Final Master Plan and Cost Statement - Glatting Jackson shall prepare the final Master Plan and Statement of Costs based on written review comments compiled from the final review meetings described above. 2.22 Project Close-out - Glatting Jackson shall provide the Client with digital files of the project deliverables. Glotting Jackson Kercher Anglin Lopez Rinehart, Inc. Page5of8 [C Part V Deliverables - As a result of these tasks, Glatting Jackson shall produce the following: Three (3) Alternative Master Plan Concepts - 24" x 36" color Meeting Minutes for Four (4) Master Plan Concept Review Meetings One (1) Draft Master Plan (24" x 36" color) and Statement of Probable Cost Meeting Min utes for Draft Master Plan Review Meeting One (1) Final Draft Master Plan (24" x 36" color) One (1) Final Draft Statement of Probable Costs Meeting Minutes for Final Draft Master Plan Review Meetings (up to 3) One (1) Copy (24" x 36" color & digitalformat) Final Master Plan One (1) Copy afFinal Statement of Probable Costs PART VI - Additional Services 2.23 Additional Services - GJatting Jackson will provide Additional Services as mutually agreed upon between GJatting Jackson and the Client. These may include any services not specifically defined in the Scope of Services above, including but not limited to; Geotechnical! Phase 1 Environmental Analysis (to be proposed in the next phase of work) Additional Master Plan Concepts Additional Meetings Additional revisions Phasing Plans Additional Cost Statements Construction Documents 3,0 PROJECT SCHEDULE Glatting Jackson is prepared to begin work on the project immediately upon receipt of this executed Letter of Agreement. Glatting Jackson, in consultation with the Client, shall perform its work in such a manner as to comply with an agreed upon schedule. 4.0 ASSIGNED PERSONNEL The following personnel from Glatting Jackson will be assigned to this project, and will have the responsibilities described; David L. Barth Mike Sobczak Mike Green Carlos Perez Project Manager! Principal 5 Urban Designer 4 Ecologist 3 Landscape Designer I 5.0 COMPENSATION 5.1 Parts I - V - The fee for Parts I - V shall be a lump sum fee of one hundred eighteen thousand, five hundred dollars ($118,500) including direct costs. Glatting Jackson Kercher Anglin Lopez Rinehart. Inc. Page 60f8 [C 5.2 Part VI - The fee for Part VI, Additional Services, shall be billed using the hourly rates and direct expenses detailed below or as agreed upon fixed fee. 5.3 Hourly Rate Schedule Principal 5 $250 Landscape Architect 6 $200 Principal 4 $225 Landscape Architect 5 $165 Principal 3 $215 Landscape Architect 4 $130 Principal 2 $190 Landscape Architect 3 $110 Principal 1 $165 Landscape Architect 2 $95 Planner 6 $200 Landscape Architect] $75 Planner 5 $165 Landscape Designer 3 $90 Planner 4 $130 Landscape Designer 2 $80 Planner 3 $110 Landscape Designer I $70 Planner 2 $95 Urban Designer 7 $215 Planner 1 $75 Urban Designer 6 $200 Transportation Engineer 6 $200 Urban Designer 5 $165 Transportation Engineer 5 $165 Urban Designer 4 $130 Transportation Engineer 4 $130 Urban Designer 3 $110 Transportation Engineer 3 $110 Urban Designer 2 $95 Transportation Engineer 2 $95 Urban Designer 1 $75 Transportation Engineer 1 $75 Public Relations 3 $95 Transportation Planner 6 $200 Public Relations 2 $85 Transportation Planner 5 $165 Public Relations I $75 Transportation Planner 4 $130 GIS Specialist 2 $95 Transportation Planner 3 $110 GIS Specialist 1 $75 Transportation Planner 2 $95 QA/QC Specialist $95 Transportation Planner 1 $75 Graphic Artist 4 $110 Ecologist 5 $165 Graphic Artist 3 $95 Ecologist 4 $130 Graphic Artist 2 $85 Ecologist 3 $110 Graphic Artist I $75 Ecologist 2 $95 Administrative Assistant $55 Ecologist 1 $75 Technician $50 Environmental Technician $65 5.4 Annual Increase In Hourly Rates - The hourly rates contained in this Agreement shall be effective for not less than one (1) year from the date of this Agreement. Glatting Jackson may, upon notification to the Client, increase hourly billing rates thereafter. Rates will not be increased more often than once a year. Glatting Jackson Kercher Anglin Lopez Rinehart, lnc Page 70[8 [C 5.5 Application Fees - All application, filing, and permit fees, including, without limitation, all fees to local, regional and state governments and agencies, shall be paid by the Client directly to the appropriate agency at the required time. 5.6 Subconsultant Fees - Fees for subconsultants working on this project under direct contract with Glatting Jackson are included in the fees for each part of the scope of services detailed above. Glatting Jackson bears no liability for the technical accuracy of work prepared by others including subconsultants to Glatting Jackson. Subconsultant fees for this project include: Michael B. Schorah & Associates - Site Analysis Stephen Boruff, AlA - Conceptual Floor Plans, Elevations and Sketches Roy-Fisher Associates, Inc. - Wellfield Restoration Plans, Garden Concepts Beth Ravitz, Public Artist - Public Art Concepts $3,000 $8,750 $17,900 $2,000 6.0 CLIENT RESPONSIBILITIES 6.1 Client shall designate a Project Representative immediately upon execution of this Letter of Agreement, who shall be Glatting Jackson's point of contact with the Client, and who shall, by virtue of Client's designation, have authority to bind the Client. The Project Representative shall be responsible for all coordination with the Owner (if a separate person or entity from the Client as shown in Article I) and any separate consultants. 6.2 Client shall provide full information to Glatting Jackson regarding project requirements and constraints including, without limitation, a program setting forth the Client's objectives, and shall provide all data, drawings, information or other resources requested by Glatting Jackson that are necessary for completion of the project. 6.3 Client shall comply with any schedule requirements made known to the Client by Glatting Jackson and, in any event, shall be available to meet with Glatting Jackson and provide decisions in a timely manner throughout the project. 6.4 Client shall be responsible for all other aspects of the project not specifically assigned to Glatting Jackson under this Letter of Agreement or any subsequent request (and acceptance) for Additional Service. DLB Glatting Jackson Kercher Anglin Lopez Rinehart, inc. Page 8 018 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 Glattin2 Jackson Kercher ADl!lin Lopez, hereinafter referred to as "the Consultant", in consideration ofthe 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 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 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 1he 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 $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$l,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 of this agreement. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that 1he Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create 1he 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 1he services provided under this agreement. The City shall not be responsible for withholding or o1herwise 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 1he Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other 1han a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any o1her consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have 1he right to annul this contract wi1hout 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 1he 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 1he express written consent ofthe City. 13. NON-WANER. 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. 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: 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 Is! day of dtle/o/.6~ , 20 6S~ CITY ~AN~B:H City Manager VI'Ce., 'DcU.hc{ l. fur~- freS"id~t Title Attest! Authenticated: ~.~~.~ #tYClerk ~ - -~ (Corporate Seal) (fhaJM j t. ?law 11Ah~ 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 acknowledgments, Personally appeared as of 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 said Corporation. Witness my hand and official seal in the County and State last aforesaid this _ day of ,2005. NOTARY PUBLIC My Commission Expires: 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 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 GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC. 2005 HOURLY RATE SCHEDULE Principal 5 Principal 4 Principal 3 Princi pal 2 Principal I Planner 6 Planner 5 Planner 4 Planner 3 Planner 2 Planner] 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 Transportation Planner I Ecologist 5 Ecologist 4 Ecologist 3 Ecologist 2 Ecologist I $250 $225 $215 $190 $165 $200 $165 $130 $110 $95 $75 $200 $165 $130 $110 $95 $75 $200 $165 $130 $110 $95 $75 $165 $130 $110 $95 $75 $200 $165 $130 $1 ]0 $95 $75 $90 $80 $70 $200 $165 $130 $110 $95 $75 $95 $85 $75 $95 $75 $] 10 $95 $85 $75 $55 $50 $65 Landscape Architect 6 Landscape Architect 5 Landscape Architect 4 Landscape Architect 3 Landscape Architect 2 Landscape Architect I Landscape Designer 3 Landscape Designer 2 Landscape Designer] 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] GIS Specialist 2 GIS Specialist I Graphic Artist 4 Graphic Artist 3 Graphic Artist 2 Graphic Artist I Administrative Assistant Technician Environmental Technician 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 incurred in completing the scope of services shall be billed to the Client at a multiple of 1.15 times cost. These costs are in addition to the fees for each part of the Scopc 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 $0.50 per mile. Application Fees - All application, filing, and permit fees, including, without limitation, all fees 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-/CoI 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 PBS & 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,e project designated LAt"lDSCAPE 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 aHlabor, materials, equipment and supplies. 4. PAYMENT. The CITY shaH 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 :r~rmittcd to retain copies, i:1c1uding 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 shaH 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.NOTlCES. 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. DATED this _ day of ,20_ CITY OF BOYNTON BEACH c"y~ CONSULTANT Attest! Authenticated: Title (Corporate Seal) Approved as to Form: Attest! Authenticated: hJQJu Office of the City Attorney (oP-/o~ ~/~- Secretary Charle. Nostra Assistant SecretarY ) ) SS: COUNTY OF PALM B:EA.CH tl) fl'.. .. ~ ~ -.:P "-<^-Z. 1 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 (l.d~.-JfJ\.f;;r,,~~( as~~^."ri./f of ((')'>J-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. STATE OF FLORIDA Witness my hand and official seal in the County and State last aforesaid this ;Z,. Ii. day of r+- "';, "s J-- ,2005. DEIlORAH LYNN sHiMii NOI'.AIlYI'lJBLICSl'ATEOf FL(:lUDA ~oNO.OOll68167 NOV: JJ-Y~(W NOTARYP . I J... d-<.<, o..../- L '( /"o-^- (z..-.-. Printed Name My Commission Expires: 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 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 PBS&J's 2005 Fee Schedule Exhibit B JOB TITLES I Average Hourly Rate (FLORIDA) Principal, Proj. Director $185.00 Sr. Project Engineer $15500 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 I $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. $120.00 Const. Mgt. Field Inspector $90.00 Survey Manager $150.00 Sr. Surveyor/Mapper $125.00 Sr. Surveyor Tech. $75.00 Survevor Support 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 $18500 Sr Project Engineer $15500 Sr Project Manager $150.00 Sr. Engineer $14500 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 $5000 Principal Landscape Arch. $155.00 Sr Landscape Architect $130.00 Landscape Architect II $75.00 Landscape Architect I $60.00 Landscape Designer $50 00 Sr. Urban Planner $130.00 Urban Planner $75.00 Sr. Scheduler $13500 Scheduier $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 Support 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 tor monthly 'out-ot-pocket' expenses incurred by PBS&J and staff during the normal execution ot this contract. These expenses shall be deemed necessary in the performance ot the Scope ot Work or as requested by the City. PBS&J shall provide copies ot paid receipts, invoices, and/or other documentation acceptable to the City. Expenses may include such items as: In excess ot 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