R05-184
II
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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.
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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
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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 . .
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S:\CA\RESO\Agreements\Consultant Agmt Resos\Consultant - Glatting Jackson.doc
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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