R09-009
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1 RESOLUTION NO. R09 -{JOCf
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3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AUTHORIZING THE MAYOR AND
6 CITY CLERK TO EXECUTE A CONSULTANT
7 AGREEMENT FOR ENGINEERING SERVICES FOR
8 THE DESIGN AND CONSTRUCTION DRAWINGS
9 FOR THE PALMETTO GREENWAY EXTENSION
10 BETWEEN THE CITY OF BOYNTON BEACH AND IBI
11 GROUP, INC., IN THE AMOUNT OF $50,000.00; AND
12 PROVIDING AN EFFECTIVE DATE.
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15 WHEREAS, the City of Boynton Beach has received a grant from the Florida
16 Department of Transportation for the for the design and construction of the Palmetto
17 Greenway Extension in the amount of $440,000.00; and
18 WHEREAS, the City Commission of the City of Boynton Beach, upon
19 recommendation of staff, hereby deems it to be in the best interests of the citizens and
20 residents of the City of Boynton Beach, to approve the execution of a Consultant Agreement
21 for Engineering Services for the Design and Construction Drawing for the Palmetto
22 Greenway Extension.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28 Section 2. The City Commission of the City of Boynton Beach, Florida does
29 hereby approve and authorize the Mayor and City Clerk to execute a Consultant Agreement
30 for Engineering Services for the Design and Construction Drawing for the Palmetto
S:\CA\RESO\Agreements\Consultant Agmt Resos\Consultant - Engineering Services 161 Palmetto Greenway.doc
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1 Greenway Extension in the amount of $50,000.00, a copy of which is attached hereto as
2 Exhibit "A".
3 Section 3. This Resolution shall become effective immediately upon passage.
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5 PASSED AND ADOPTED this ~ day of January, 2009.
6 CITY OF BOYNTON BEACH, FLORIDA
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22 ATTEST:
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S:\CA\RESO\Agreements\Consultant Agmt Resos\Consultant - Engineering Services 161 Palmetto Greenway.doc
tor-aof
CONSULTANT AGREEMENT FOR
ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION DRAWINGS
FOR THE PALMETTO GREENWAY EXPANSION
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and IBI Group. Inc. hereinafter referred to as "the Consultant", in consideration of
the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSULTANT services in connection with the project designated.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "B"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant shall perform all services
and provide all work product required pursuant to this agreement by 154 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Consultant shall not exceed
$50.000.00 without express written modification of the agreement signed by the City.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
e. The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request.
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5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1 ,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
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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 PROHffiITED. The Consultant, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attn: Jody Rivers, Parks Superintendent
Notices to Consultant shall be sent to the following address:
ffiI Group, Inc.
100 South Olive Avenue
West Palm Beach, FI 33401
Attn: Richard C. Wohlfarth, P.E.
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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.
DATEDthiS~daYOf-d~l~ ,20~
CITY OF BOYNTON BEACH
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Attest/Authenticated: 1I~1Znp "'1 '1'}1L?
Title 7/J~ -
~ Yn. ~fc (CorporateSe"1)
Clt Clerk
Approved as to Form: Attest/AuthentiCated:
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(',-~~ _ -ft-
Office of the City Attorney Secrtfary
Rev. 1/22/91
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, EXHIBIT "B"
PALMETTO GREENWAY EXTENSION PROJECT APPROACH AND
IMPLEMENT A TION
The following outlines our approach for this exciting project in a contract-like format. Included
are the following:
. Overall approach and methods to achieve the goals of the project
. The degree of staff interaction and involvement, specifically enumerated for each task
. Anticipated schedule of completion and timeframes for each stage of the project
. Highly detailed deliverables schedule for each task
. All services anticipated for the successful completion of the project and the role of each
member of the team
. Number of meetings anticipated
. Number and types of permitting agencies that will be applicable to this project
. Types of base information required for design
PROJECT DESCRIPTION
The scope detailed herein contains the entire scope of work to be performed for this project, and
supercedes any previous scope and/or the boilerplate scope in the Master Agreement.
The project includes the development of a green way located along the C-16 Canal between 1-95
at the west terminating at Seacrest Boulevard as the eastern limit. The components of the park
include:
. Landscape and sod
. Paving and drainage design
. Site amenities/site furniture
The site is located within the City of Boynton Beach. The City is not the owner of the property.
SCOPE OF SERVICES - DESIGN AND PERMITTING
Part 1 - Initialization & Preliminary Desil!n
1.1 Project Management - In addition to the specific services detailed below, IBI shall
coordinate with the City's representative and the City's project team, monitor the project
schedule as it relates to this scope, and provide timely invoicing and reporting of project
progress.
1.2 Site Survey and Existing Data - IBI shall commission a survey to be completed of the
project site. Survey information shall include location of the top of bank, of the canal and
any significant physical features. The survey shall also include topographic information as
well as property boundary locations. Additionally, IBI will request "As Built" information
from the appropriate agency for underground utilities in the areas where buried
improvements are proposed.
1.3 Geotechnical Services - A geotechnical report shall be prepared commissioned by IBI
based upon a maximum of four (4) standard penetration test borings to be located along the
EXHIBIT "B"
alignment of the proposed park.
1.4 SFWMD Pre-Application Meeting - IBI shall meet one (I) time with the SFWMD to
review those standards and requirements that the District will use in the evaluation of the
project for permitting purposes. IBI shall provide written meeting minutes to the City.
1.5 Site Analysis - IBI will visit the site one (1) time in order to develop an understanding of
the site's opportunities and constraints, and will prepare a memorandum summarizing our
findings.
1.6 Design Intent Meeting / Kickoff Meeting - IBI will attend a meeting with the City 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. The Other
potential topics of discussion may include project schedule, data collection results,
refinement of the review process, etc. IBI shall compile meeting minutes and distribute.
1.7 Preliminary Plan - IBI will submit a preliminary plan for the development of the property
based on the development program listed within. The plan will be based loosely on the
work previously done by the City. The plan will demonstrate an alternative for park
development. The City shall provide one (1) consolidated set of review comments.
Revision to the preliminary plan shall be made as a part of the Construction Document
Preparation in Part 2.
1.8 Conceptual Opinion of Probable Cost - IBI shall prepare a preliminary opinion of
construction costs for the elements in the Preliminary Plan. The Opinion of Probable Cost
shall include a 15% construction cost contingency.
Deliverables - As a result of these tasks, lEI shall produce the following no later than 45 days
from Notice to Proceed (NTP):
. One (1) copy of the Conceptual Master Plan
. One (1) copy of conceptual Opinion of Probable Costs
. One (1) copy of meeting minutes from the Kickoff Meeting
. One (1) copy of meeting minutes from the SFWMD Pre-Application Meeting
EXHIBIT "B"
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Part 2 - Construction Document Preparation
2.1 60% Construction Documents- IBI shall incorporate review commints and submit 60%
construction documents package for site to develop the following site features.
Specifically, IBI shall prepare plans and details for the elements identified below, to meet
ADA standards as well as construction details, including details, elevations, and sections
provided as necessary to communicate the design intent and construction materials. The
development program is as follows:
a. Paving and Grading Design, including:
. Path (concrete or asphalt)
b. Landscape Design, including:
. Shade / Palm tree locations, including existing vegetation to remain, relocated or
removed
. Ground cover (turf, low ground covers)
c. Hardscape and Amenities, including:
. Bench locations and selection
. Informational and regulatory signs design and locations
. Trash receptacles locations and selection
2.2 Preliminary Estimate of Probable Cost - IBI shall prepare an preliminary estimate of
probable cost for all elements detailed in the 60% Construction Documents and submit to
the Client for review.
2.3 Client Review of 60% Documents Submittal-The Client will review the documents at the
60 percent stage of completion. Minor changes will be incorporated as the plans progress.
Major changes that represent a significant departure from the original design program,
budget, and/or the approved alignment shall be considered Additional Services. Upon
receipt of the properly executed permit applications and the City's comments and approval
of the 60% progress documents, IBI will prepare and deliver to the SFWMD, specified in
Part 3 below, a permit package.
Deliverables -As a result of these tasks, lEI shall submit the following no later than 75
days from (NTP):
a. Eight (8) copies of the 60% Documents at 1"= 40' on 22"x34"sheets
b. Appropriate number and types of permit applications for execution by the Client
c. One (1) copy of the Estimate of Probable Cost
Part 3 - Submittal to ReviewIPermittiol! Al!encies
3.1 SFWMD Permit Submittals - The surface water management design information and
signed and sealed plans will be submitted to the SFWMD ROW section as well as the
surface water management section. Associated permit application fees shall be
determined by IBI and paid by the City.
EXHIBIT liB"
3.2 FDOT LAP Review - IBI shall submit the appropriate plans to FDOT for compliance with
the FDOT LAP program.
3.3 Agency Review and City Approvals - IBI shall submit the appropriate applications for
the review of the 60% plans for the City's review process. IBI shall prepare these
applications and submit to the City for signature and execution. IBI shall also attend review
meetings to present the plans at each agency meeting and respond verbally to comments.
Revisions to the documents shall be made as the project proceeds forward into Final
Design.
3.4 Permit Monitoring - In addition to preparing the permit applications for appropriate
regulatory agencies, IBI shall assist the City in consultations with the appropriate
authorities. IBI's services shall include the following:
· Attend up to one (1) pre-application meeting with the staff of each of the regulatory
agencies.
· Attend up to two (2) meetings with each of the regulatory agencies during review of the
final permit applications.
· Respond to request(s) for additional information from each agency.
Deliverables - As a result of these tasks, IBI shall submit the following IBI shall submit the
following no later than 75 days from (NTP):
a. Appropriate number and types of permit applications
Part 4 - Final Construction Documents
4.1 Final Construction Documents -Upon issuance of appropriate approvals for the site, IBI
will incorporate the permit comments and special conditions into the 60% progress
documents and prepare the technical specifications. These revised documents shall be
submitted to the City as Final Construction Documents.
4.2 Final Estimate of Probable Cost - IBI shall prepare a final estimate of probable cost for
all elements detailed in the Final Construction Documents and submit to the Client.
De/iverables - As a result of these tasks, IBI shall submit the following subsequent to
permitting comments from the appropriate agencies (estimated at 22 weeks after NTP):
a. Eight (8) copies of the Final Construction Documents at 1 "= 40' on 22 "x34 "sheets
b. One (1) copy of the Final Estimate of Probable Cost
c. One (1) master copy of the Design Specifications for future reproduction by the
Client
d. "Green" summary statement - approximation of LEED rating according to USGBC
EXHIBIT "B"
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Part 5 - Biddinl! Assistance and Construction Services (if requested)
5.1 Bidding Assistance - IBI will provide the following services:
a. Assist the Owner in preparing and filing bid documents
b. Prepare unit price bid forms
c. Prepare and print bid packages, including plans, technical specifications and Owner-
provided "front-end" documents
d. Prepare clarifications, amendments and/or addenda to the bid packages if needed
e. Address bidder's questions during the bidding process through Purchasing Division
f. Attend the pre-bid meeting (Purchasing Division to direct the meeting)
g. Assist the Owner in evaluating bids
5.2 Construction Observation - IBI will provide construction observation services, including
the following:
a. Review, examine and approve the Contractor's Schedule of Values
b. Review the work of the Contractor to determine ifthe work is being accomplished in
accordance with the Construction Documents. Prepare and submit a written report
after each site visit
c. Determine amounts owed to the Contractor based on field inspections, and issue
Certificates of Payment to the Owner
d. Prepare written or graphic interpretations of the plans or specifications if required
e. Reject work that does not conform to the Contract Documents
f. Review and approve Shop Drawings, Product Data and Samples
g. Review and advise the Owner regarding proposals and requests for Change Orders
h. Site visits at times appropriate during construction
Part 6 - Additional Services (if requested)
6.1 Additional Services - IBI will provide Additional Services as mutually agreed upon
between IBI and the City not covered under this Service Authorization. Additional
Services may include, but not be limited to:
. Permitting by other permitting agencies
. Additional concepts
. Fishing dock desigil
. Lighting/electrical services
. Army Corps permitting
. Environmental permitting
. Water/Sanitary sewer design
Services performed under this task will be on as-directed basis in accordance with a
written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall
contain the following information and requirements:
. A detailed description of the work to be undertaken
. A budget establishing the amount of the fee to be paid in accordance with the
Agreement
. A time established for completion of the work
EXHIBIT "B"
Part 7 - Assumptions
7.1 Assumptions - Work described herein is based upon the assumptions listed below. If
conditions differ from those assumed in a manner that will affect the scope of work, IBI
shall advise the City in writing of the magnitude of the required adjustments. Changes in
completion schedule or compensation to Consultant will be negotiated with the City.
. City will provide IBI record drawings of all available existing facilities and proposed
facilities
. City personnel will assist in field verification of affected existing City facilities. This
includes marking in field (in a timely manner) existing water mains, sanitary sewers,
force mains, reclaimed water mains and drainage.
SCHEDULE
IBI is prepared to begin work on the project immediately upon receipt of a fully executed Notice
to Proceed. The completion dates for this project will be as follows starting at written notice-to-
proceed (not including holidays and other delays not controlled by IBI, e.g., hurricanes,
information delays, agency delays, etc.):
Services Time per Phase Cumulative Time
Part 1 - Initialization 6 weeks 6 weeks
Part 2 - Construction Documents 4 weeks 10 weeks
Part 3 - Permitting 6 weeks 16 weeks
Part 4 - Final CDs 6 weeks 22 weeks
IBI is prepared to expedite the design process and mobilize as soon as notice to proceed is
given.
COMPENSA TrON
IBI Group proposes to render professional survey and landscape architectural design services to
the City in connection with the above referenced project for the values depicted below. IB I shall
bill the Client a lump sum fee for each Part of the Scope of Services as listed below. Direct
expenses shall be included in the fee, as further detailed on the attached Hourly Rate Schedule.
The Client agrees that illl shall not be required to provide detailed backup, in the form of hourly
detail of any kind, in support of invoicing for fixed fee or lump sum fee projects.
PART DESCRIPTION FEE
Part 1 Initialization & Preliminary Design $15,000
Part 2 Construction Document Preparation $10,000
Part 3 Submittal to Review/Permitting Agencies $7,000
Part 4 Final Construction Documents $18,000
Part 5 To be negotiated at the completion of
Final Construction Documents
Total $50,000
The Cihj ol Bognton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
January 26, 2009
Mr. Richard Durr
100 South Olive Avenue
West Palm Beach, FL 33401
Re: Consultant Agreement for Engineering Services for the Design and Construction
Drawings for the Palmetto Greenway Expansion
Dear Mr. Durr:
Attached for your handling is the partially executed agreement mentioned above. Once the
agreement has been signed, please return the original to the City Clerk's Office for further handling.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
'1n. p~
~ainito, CMC
City Clerk
Attachment
CC: Jody Rivers
tis
s: \ cc \ WP\AFTER COMMISSION\ Other Transmittal Letters After Commission \2009\IBI Group R09-009 Consultant Agreement.doc
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