R95-097RESOLUTION NO. R95-~/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CONSULTANT
SERVICE AGREEMENT WITH WALLACE
ROBERTS AND TODD, INC. , FOR NECESSARY
DES IGN, ENGINEERING AND
CONSTRUCTION ADMINISTRATION
SERVICES TO COMPLETE DEVELOPMENT OF
DOWNTOWN MANGROVE PARK;
WHEREAS, the City Commission of the City of Boynton
Beach, Florida upon recommendation of staff, has determined
that it is in the best interests of the residents and citizens
of-the City to enter into a consultant agreement with Wallace
Roberts and Todd, Inc., for necessary design, engineering and
construction administration services to complete development
of downtown Mangrove Park;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1, The Mayor and City Clerk are hereby
authorized and directed to execute a Consultant Agreement
between the City of Boynton Beach and Wallace Roberts and
Todd, Inc., providing for necessary design, engineering and
construction administration services to complete development
of downtown Mangrove Park, which Agreement is attached hereto
as Exhibit "A".
~_~ That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this ~F~ day of June, 1995.
ATTEST:
City Clerk
C~,.Iy~~B O~YN~~~~~rDA
Mayor ~
Vice Mayor- -./%
~ ~____..,. / O ~ner _ ~
Co~i ~sioner
(Corporate Seal)
D/townMan~rovePark
Wmllace Roberts~Todd, Inc.,
Rec. 6/15/95
CONSULT,auNT SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the
City", and Wallace Roberts & Todd, hereinafter referred to as "the Consultant". in consideration of mutual
benefits, terms, and conditions hereinafter specified.
Project Designation. The Consultant is retained by the City to perform engineering,
architectural and planning services m connection with the project designated Downtown
Mangrove Nature Park.
Scope of Service. Consultant agrees to perform the services identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
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 within 365 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
Payment. The Consultant shall be paid by the City for complete work and for services
rendered under this agreement as follows:
Payment for the work provided by the Consultant shall be made in accordance with
Exhibit "B" attached hereto; regardless of grant funding.
The Consultant may mb. fit vouchers m 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.
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.
Payment as provided in this section shall be full compensation for work performed,
services rendered, compensation for work performed, services rendered and for all
materials; supplies, equipmem and incidentals necessary to complete the work.
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 paymems. Copies shall be made available upon request.
In the event the project is tcrmimted by the City under paragraph 14, Consultant shall
be paid for all work performed to the date of termination.
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. Such work
products shall not forany use other than their
10.
thfullyompliance with Laws. Consultant shall m perfommg the services: contemplated by this agreeme
observe and comply with all federal state and local laws, ordinances and regulation that
applicable to the services to be rendered upon this agreement.
Indemnification. Consultant shall indemnify, defend and hold harmless the City, its officers and
employees, from and against any and all claims, losses or liability, or any portion thereofi including
attorneys fees and costs, arising from injury or death to persons, including injuries, sicl~..ess, disease
or death to consultant's Own employees, or damage to property occaSioned by a negligent act, or
error and omission of the Consultant,
InsUrance. The Consultant shall secure and ma/nta/n in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/aggregate
for property damage, and professional liability/nsurance 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 pwhibiting 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.
Independent Contractor. The Consultant and the City agree that the Consultant is an independe'--
contractor with respect to the services provided pursuant to this agreement. Nothing in ff
agreement shall be considered to create the relationship of employer and employee between ttii''
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 shah not
be' responsibl~ for withholding or otherwise deducting federal income tax or social security or for
contntmli~ to th~ State/ndusuial/nsurance program, otherwise assuming the duties of an employer
with respect to Consultant, or any employee of Consultant.
Covenant Against Contingent Fees. The Consultant wawants he haS not employed or retained any
company or person, other than a bona fide employee working solely for the consultant, to solidify or
secure this contract, and that he haS not paid or agreed to pay any company or person, other than a
bona fide employee working brokerage fee, gifts, or any other consideration contingent upon breach
or violation of this warranty, the City shall have the fight to annul this contract without liability or,
11.
12.
13.
14.
in its discret~n to deduct
of such fee, commission, percentage,
otherwise recover, the full amount
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.
Assignment. The Consultant shall not sublet or assign any of the services covered by this agreement
without the express written consent of the City.
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.
Termination.
15.
16.
The City reserves the fight to terminate this agreement any time by giving ten (1 O) days
written notice to the Consultant.
In the event of a death of a member, partner or officer, the Consultant, or any of its
sup,m&qory personnel assigned to the project, the mrviving members of the Consultant hereby
agrees 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.
D/sputes. 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.
Notices. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boyuton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Atta: Mr. Dale Sugerman
Notices to Consultant shall be sent to the following address:
Wallace Roberts & Todd
191 Giralda Avenue, Penthouse
Coral Gables, FL 33134
John E. Femsler, Partner-in-charge
C. Alyn Purett, Manager
I¸7.
Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire
and integrated agreemem between the City and the Consultant and supersedes all prior negotiations.
representations, or agreements written or oral. This agreement may be mended only by written
instrument signed by both City .and Consultant.
DATE this day of ,1995
CITY OF BOYNTON BEACH
Mayor
Consultant
Attest/Authenticated:
Tifl~
City Clerk
(Corporate Seal)
Approved a.s to Form:
Attest/Authenticated:
Office of the City Attomgy
Secretary
EXHIBIT A
MANGROVE NATURE PARK
1.0
1.1.1
1.1.2
1.2
1.2.1
1.2.2
ARTICLE I - SCOPE OF ARCHITECTS BASIC SERVICES
DEFINITION
The Architects Basic Services consist of those described in paragraphs 1.2 through 1.6.19 as
part of Basic Services, and include architectural, structural, civil, electrical, structural, and
landscape architectural services,
SCHEMATIC DESIGN
The Consultant shall meet with the City regarding the approved and permitted site plan to
identify any City requested minor (minor is defined as five or fewer revisions not considered
to be significant by the Florida Depa~ta~ent' of Environmental Protection, or the U.S. 'Army
Corps of Engineers) revisions. Minor revisions, and any adjustments authorized by the City
in the project schedule or construction budget, will be made to the plan prior to
commencement of final design. Final design will commence pursuant to City approval of
revised master plan/project schedule/construction budget.
The Consultant will prepare for approval by the City, schematic design document consisting
of drawings and other documents to fix and descn-t~ the size and character ofthe project (see
Fig. 1) and the following:
Ao
Approximately 2400 L.F. boardwalk, which includes:
1. Observation tower
2. Two "meeting platforms"
Toilet Building:
1. Total of 480 S.F.
2. Fixture count to be determined based on available square footage (480 GSF
3. Structure assumed to be on-grade construction with spread footings
Parking area:
1. Asphalt parking for 25 cars, including handicapped
Landscaping
1. Parking lot: as required by code
2. Toilet building site
3. Park identification sign - paint~i wood sign approx. 3' x 8' in size
4. Steel gates at access points to boardwalk (2)
1.2.3
1.3
1.3.1
1.3.2
1.3.3
1.3.4
1.4
1.4.1
Mitigation Planting Plan
1. Based on the primary mitigation plan provided in the DEP permit, which
includes scraping the site to allow natural establishment of mangroves. The
secondary mitigation plan can be provided as an additional service.
Fo
Site Utilities
1. Stormwater management
2. Water, sewer, power service from existing mains adjacent to the site
Schematic level
panels, preliminary statement of panel size, c
eff6r~ in basic
or metal extended panels, approximata
deck or railing surface of the boardwalk.
of interpretive
content. Design
fiberglass
stze, mounted to the
H. Preliminary cost estimate
The Consultant will submit the schematic design documents to the Technical Review
Committee for review: and approval. The City will expedite this process and review is
assumed to take two weeks.
DESIGN DEVELOPMENT PHASE
The Consultant shall prepare from the approved schematic design phase documents, for
approval by the City, design development documents consisting of drawings and other
documents to fix and describe the character of the entire project as it relates to the
architectural civic, ~ mechanical and electrical disciplines, materials, and such other
essentials as may be appropriate.
The Comulmm shall prepare and submit a preliminary cost estimate, and (15) sets of Design
Development Documents, to the designated City representative for review.
The City shall transmit conmmm on the pre~ cost estimate, and Design Development
Documents to the Consultant as soon as possible.
The Consultant shah prepare alternatives for construction of the park, if the preliminary cost
estimat~ indicates that construction costs will significantly exceed the conslruction budget.
PLAN APPROVAL PHASE
Based on the City's approved Design Devdopment Documents, the Consultant shall submit
architectural, engineering and landscaping plans to the designated City representative to
coordinate review by department personnel, advisory boards, City Commission, etc.;
Consultant shall contact appropriate county and state agencies as required in permits, it is the
1.4.2
1.5
1.5.1
1.5.2
1.6
1.6.1
1.7
1.7.1
1.7.2
1.7.3
ConsuRan s understanding that no additxonal perrrats/approvals, except the local building and
Palm Beach County Health and Rehabliitafive Services (FIRS) permits, as required.
The City shall compile and transmit to Consultant review comments from the City department
personnel, advisory boards and Commission as soon as possible.
CONSTRUCTION DOCUMENTS PHASE
Based on the approved Design Development Documents the Consultant shall prepare, for
approval by the City, Construction Documents consisting of Technical Drawings and
Specifications setting forth m detail the requirements for the construction of the Project.
Based upon the Construction Documems, the Consultant shall prepare a detailed final
construction cost estimate. The Consultant shall submit 10 sets of Construction Documents
to the designated City representative for review and appi~val at 100% completion together
with the final estimate of Construction Cost.
Any revisions submitted to Consultant after Construction Documents are initiated, will be
considered Additional Services and may affect the construction schedule.
BIDDING AND NEGOTIATION PHASE
The Consultant, following the City's approval of the Construction Documents and latest
estimate of Construction Cost, shall assist the City in preparing the necessary bidding
information, bidding forms, the Conditions of the Contract and the form of Agreement
between the City and the Contractor; the City shall advertise the project. The Consultant
shall conduct the pre-bid meeting, obtain bids and submit a recommendation for the contract
award to the City. Upon approval of the award recommendation, the City shall prepare
contracts for construction.
CONSTRUCTION ADMINISTRATION PHASE
The Consultam's responsflaflity to provide Basic Services for the Construction Administration
Phase under this Agreement commences with the award of the Contract 'for Construction.
The Consultant may request an Additional Service Authorization for prolonged contract
administration if the construction time specified for fina~ completion is exceeded by the
Contrac~r.
Duties, reslxmsibilifies and limitations of authority of the Consultant shall not be restricted,
modified or extended without written agreement of the City and Consultant.
The Consultant shall be a representative of and shall advise and consult with the City (1)
during construction until final payment to the Contractor is made, and (2) as an Additional
Service at City direction during the prolonged contract administration as provided in
paragraph 1.6.1. The Consultant shall have authority to act on behalf of the City only to the
extent provided in this Agreement unless otherwise modified by written insmanent.
1.7.4
.7.5
1.7.6
1.7.7
1.7.8
1.7.9
1.7.10
The Consultant shall visit the site frequently enough to familiarize himself with the progress
and quality of the Work completed and to determine if the Work is being performed in a
manner indicating the Work when completed will be in general accordance with the
Co~n Documems., However,
or continuous on-site inspections ~ basis
of on-site observations as an architect or engineer, r informed
of the progress and quality of the Work.
The Consultant shall not have control over, or charge of, and shall not be responsible for,
consm~ion means, methods, techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work. since these axe
for the Conuractor's schedule or failure
omissions of the Contractor
persons performing portions of the Work.
the
of acts or
~ other
The Consultant shall at all times have access to the Work wherever it is in preparation or
progress,
Except as may otherwise be provided in the Consmaction Documents or when direct
co,x~micatious have been specifically authorized, the City and Contractor shah commn_nicate
through the Consultant.
Based on the Consultant's observations and evaluations of the Contractor's Application for
Payment, the Consultant shall review and certify the amounts due the Contractor.
The Cxmsultam's certification for payment shall constitute a representation to the City, based
on the Consultant's observations at the site as provided in paragraph 1.6.4 and on the data
comprising the Contractors Application for: Payment, that the Work has progressed to the
point indicated and that, to the best of the Constfltant's knowledge, information and belief, the
quality of the Work is in general accordance with the Construction Documents. The
foregoing representations are subject to an evaluation of the Work for conformance with the
Construction Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Construction Documents correctable prior to
completion and to specific qualifications expressed by the Consultant.. The issuance of a
C~ for Payment shall further constitute a representation that the Contractor is entitled
to payment in the amount certified.
The Consultant shall have authority to reject Work which does not conform to the
Construction Documents. Whenever the Consultant considers it necessary or advisable for
implementation of the intent of the Consmaction Documents, the Consultant will have
authority to require additional inspection or testing of the Work in accordance with the
provisions of the Consmaction Documents whether or not such Work is fabricated, installed
or completed. However, neither this authority of the Consultant nor a decision made in good
faith either to exercise or not to give rise to a duty or
responsibility- of the Consultant to the mater/al and equipment
suppliers, their agents or employees or other persons perforrnhag portions of the Work.
1.7.11
The Consultam shall review and approve to take other appropriate action upon Contractor's
submittal such as Shop Drawings, Product Data and Samples, but only for the limited purpose
ofchecking for conformance with information given and the design concept expressed in the
Construction Documents. The Consultant's action 'shall be taken with such reasonable
promptness as to cause no delay in the Work or in the construction of the:City or of separate
contractors while allowing sufficient time in the Contractor's professional judgment to permit
adequate review.
1.7.12
The Consultant shall prepare Change Orders, with supporting documentation and dam, for
the City's approval and execution in accordance with the Construction Documents; and may
authorize manor changes in the Work upon approval by the City, involving neither an
adjustment in the Contract Sum nor an extension of the Contract Time, which are not
inconsistent with the intent of the Construction Documents.
1.7.13
The Consultant shall conduct field observations to determine the date or dates of Substantial
Completion and the date of fatal completion, shall receive and forward to the City for the
City's review and records written warranties and related documents required by the
Construction Documems and assembled by the Contractor, and shall issue a final Certificate
for Payment upon compliance with the requirements of the contract Documents.
1.7.14
The Consultant shall interpret and decide matters concerning performance of the City and
Contractor under the requirements of the Construction Documents on written request of
either the City or Contractor. The Consultant's preliminary response to such request shall be
made within 15 days of receipt of such a request.
1.7.15
Interpretations and decisions of the Consultant shall be consistent with the intent of, and
reasonably inferable from, the Construction Documents and shall be in writing or in the form
of drawinss. When matins such interpretations and initial decisions, the Consultant shall
endeavor to secure faithful perfo~e by both City and Contractor, shall not show partiality
to either, and shall not be liable for results of interpretations of decisions so rendered in good
faith.
1.7.16 The Consultant's decisions on matters relating to aesthetic effect shall be final ifcousistent
with th~ inteat expressed in the Consmaction Documents, and if concun'ed with by the City.
1.7.17
The Consultmt shall render a prelimirmry written decision within ten (I 0) days of receipt of
all claims, disputes or other matters in question between the City and Contractor relating to
the execution or progress of the Work as provided in the Construction Documents. The
Consultant shall render a final decision as set forth in the General Conditions of the
Construction Documents.
1.7.18
1.7.19
2~0
2.1
2.1.2
2.2
22.1
2.2.2
2.2.3
2.2.4
2.3
2.3.1
The Consultant*s decisions on claims, disputes or other matters between the City and
Contractor, except for those relating to aesthetic effect, shall be subject to resolution as
provided in the Construction Documents.
All Work described in paragraphs 1.2 through 1.6.18 shall be in compliance with the
requiremeats ofthe environmental permits issued by the U.S. Army Corps of Engineers and
the Florida Department of Environmental Protection and other localpennitting requirements.
ARTICLE 2 - ADDITIONAL SERVICES
GENERAI,
Iftbe :services described in this Article 2 are not specifically'included in Basic Services, they
Shall be paid for by the City as provided in this Agreement, in addition to the compensation
for Basic Services. The Additional Services shall be performed only if authorized in writing
by the City prior to performance of the servicesi
PROJECT REPRESENTATION BEYOND BASIC SERVICES
If set'rices or products other than those defined in Basic Services paragraphs 1.1.1 through
1.6.19 are requested, then they will be considered Additional Services. Examples of
Additional Services are listed below in paragraphs 2.2 through 2.28; Additional Services are
not limited to those defined herein, but are considered any service or product not defined
under Article 1 - Basic Services.
If more extensive representation at the site than is desoribed in paragraph 1.6.4 is required,
the Consultant shall provide one or more Project Representatives to assist in eatrying out
such additional on-site responsibilities.
Project Repr~ shall be selected, employed and directed by the Consultant (with the
understanding that the number, ideutity, salaries, and length of service of suchrepresentatives
shall be agreed to by the City), and the Consultant shall be compensated therefore as agreed
to by the City and Consultant. The duties, responsibilities and limitations of authority of
Project Representatives shall be as described in the General Conditions of the Construction
Through the observations by such Project Representatives, the Consultant shall endeavor to
provid~ further protection for the City against defects and deficiencies in the Work, but the
furnishing of such project representation shall not modify the rights, responsibilities of
obligations of the Consultant as described elsewhe~ in this Agreement.
Making revisions in Drawings, Specifications Or other documents when such revisions are:
inconsistent with approvals or instructions previously given by the City; or
2.3.2
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
required by the enactment or revision of codes, laws or regulations subsequent to the
preparation of such documents.
Providing services required because of significant changes in the project including, but not
limited to, size, quality, complexity, and the City's schedule.
Preparing Drawings, Specifications and the other documentation and supporting data in
connection with Change Orders or Construction Change Directives which require design or
redesign, and which are not required to correct the Construction Documents, or which are
not due to oversights of the Consultant.
Providing consultation concerning replacement of Work damaged by fire or other cause
during construction, and furnishing services required in connection with the replacement of
such Work:
Providing services made necessary by the default of the Contractor, by major defects of
deficiencies in the Work of the Contractor, or by failure of performance of either the City or
Contractor under the Contract for Construction.
Providing services in connection with a public hearing or legal proceeding except where the
Consultant is party thereto.
When required by the City, preparing documents for separate or phased bids.
Providing services relative to future facilities, systems and equipment, when not specifically
included in the original Project scope.
Making measured drawings of existing construction when required for planning additions or
alterations thereto.
Providing coordination of construction performed by separate contractors or by the City's
own forces and coordination of services required in connection with constxuction performed-
and equipment supplied by the City.
Providing additional sets of prints beyond those specified in Basic Services, Article I.
Providing services after issuance by the City of the final payment to the Contractor.
When requested by the City, providing services of consultants for other than architectural,
structural, civil, and electrical engineering, landscaping, and environmental portions of the
Project or other than any special consultants included as a part of the Project Teamon the
Consultants Professional Qualification Supplement, which are provided as a part of Basic
Services.
2.16
2.17
2.18
2.19
2.20
2.21
2.23
2.24
2.25
2.26
2.27
3.0
3.1
3.2
3.3
3.4
3.5
Providing site surveys, geotechnical testing services, archeological investigation services or
other speci~ tests, if required.
Providing prolonged contract administration and cons_tr?ction observa~on should the
consmictiou time SPecified for f'mal completion be exceeded by more ~ 60 days due to no
fault of the Consultant.
environmental
Post - construction environmental monitoring as r~quired by the Environmental Permits for - -
the projects.
Design modifications resulting from subsequent environmental permitting agency review.
Preparation of As-Built drawings.
Review of ConIractor's submission for product substitutions shaft be performed at the expense
of the Contractor. This provision shall be included in the construction contract,
Fees for any permits that may be required for the project,
Design of interpretive panels or other displays in excess of those described in basic services.
Modification of the design of the mitigation area.
Providing any other services not otherwise included in this Agreement.
ARTICLE 3 = CITY'S RESPONSIBILITIES
The City shall provide full information regarding requir_ements for the Project.
The City shall establish and update an overall budget for the Project, including the
Consultant's estimated Comlruction Cost, the City's other costs and reasonable contingencies ......
related to all of these costs.
The C'~y troll designate a representative authorized to act on the City's behalf with respect
to the Project.
The City shall review and approve or take other appropriate action on all phases of Work of
the Consultant as soon as possible.
If required, the City shall furnish, or direct the Consultant to obtain at the City's expense,
surveys describing physical characteristics, legal limitations and utility locations for the site
of the Project, and a written legal description of the site. The surveys and legal information
3.6
3.7
3.8
3.9
3.10
4.0
4.1
4.1.1
4.1.2
4.1.3
shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining
property and structures; adjacent drainage: right-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensiom and necessary data pertain/ng to ex/sting buildings, other improvements and trees:
and info_ ~n concerning available utility services and lines, both public and private, above
and below grade, including inverts and depths.
If required, the City shall furnish, or direct the Consultant to obtain at the City's expense, the
services .o.f geoteclmical engineers as necessary for the Project. Such services may include but
are not limited to test borings, test pits, determinations of soil borings values, percolation
tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including
necessary operations for anticipating subsoil conditions, ~th reports and appropriate
professional recOmmendations.
reql
pay for stm~ mechanical, chemical, air and water pollution tests; tests for
'. and, other laboratory and environmental tests, inspections and repons
t ~sh all !legal, ac, eo~g and insurance counseling services as may be
requ/red ~i~ for the Project, including auditing services the City may require to verify
~e Contractor s Applications for Payment or ~o ascertain how or for what purposes the
contractor has used the money paid by or on behalf of the City.
The services, information, surveys and reports required by paragraphs 3.5 through 3.8 shall
be furnished at the City's :expense, and the Consultant shall be entitled to rely upon the
accuracy and completeness thereof.
The City shall be respons~le for administering and updating grants.
ARTICLE 4 - CONSTRUCTION COST
DEFINITION
The Co~n Cost shall be the total cost or estimated cost to the City of all. elements of
the Projec~ designed or specified by the Consultant.
The Constm~ Cost .shall include the cost at current market rates of labor and materials
fumisi~ by tl~ City and equipment designated, specified, selected or sp~ially provided for
by the Consultant, including connections ~o utilities, plus a reasonable allowance for the
Contractor's overhead and profit.
The Co~xuction Cost does not include the compensation of the Consultant and Consultant's
sub-consultam~ the costs of the land, right-of-way, furnishings, contingencies or other costs
which are the responsibility of the City as provided in Article 3.
4.1.4
4,2
4.2.1
The City's budget for the construction of the Mangrove Nature Park is $770,000. Consultant
shall design the program of proposed improvements to conform with this,budget, including
the us~ of bid alternatives. City shall be obligated to direct the Consultant to delete items
from the program of propOsed improvements if
indicat~ fftat :construction cost will likely exceed the material
change in the construction in
compensation as may be mutually agreed ~ and increases
Consultant's Work.
RESPONSIBILI ~TY FOR CONS~UCTION COST
Evaluations of the City's Project budget,
detailed estimates of
It is~
over
estimates of Construction Cost and
represent the
cons~ction industry.
cOSt
bid prices, or
the Collsultant
not vary from the
prepared or
EXHIBIT B
MANGROVE NATURE PARK
COMPENSATION
Compensation to Consultant for Basic Services herein described shall be a lump sum in the mount
of$110,000. Said Immp sum amount shall include all incidental expenses and sub-consultants except
those indicated as additional services in Exhibit A. compensation shall be payable in the folio.wing
increments by phase:
Schematic Design Phase
Design Development Phase
Construction Document Phase
Bidding & Negotiation Phase
Construction Phase
$16,500 (15 Percent)
$16,500 (15 Percent)
$44,000 (40 Percent)
$ 5,500 (5 Percent)
$27,500 (25 Percent)
Consultant shall submit invoices rnonthty for the percentage of each phase completed in the preceding
month. City shall pay Consultant invoices within 30 days.
EXHIBIT C
MANGROVE NATURE PARK
WIlT HOURLY RATE FOR ADDITIONAL SERVICES
STAFF
John,F. Femsler
C. Alyn Pruett
Gerald C. Artston
Patrea St. John
Ryce Stallings
David Sacks
Kathryu Davis
Michael Del Guidice
Robin Gaxeia
Kcvin Might
R. Bartley Meelfresh
Elizabeth Hightower
POSITION
Partner/Architect
Partner/Architect
Landscape Architect
Landscape Architect
Architect
Landscape Architect
Adminisa'ator
Landscape Designer
CADD Specialist
Landscape Designer
CADD Specialist
Clerical
RATE: S/HOUR
$157,33
$141.33
$115.26
$88.34
$75.71
$67.31
49.63
$52.99
$39.55
$48.79
$44.59
$35.10
AGREEMENT BETWEEN THE STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL
FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY
AND
City of Boynton Beach Police Department
GRANT NO: 95-054
THIS AGREEMENT is entered into iin the City of Tallahassee, Leon County, Florida
by and between the State of Florida, Office of the Attorney General, Florida Motor Vehicle
~Zheft Prevention Authority (the Authority)~ aa agency of the State of Florida with
headquarters being located in The Attorney General's Office, PL-01, the Capitol, Tallahassee,
Florida 32399-1050, and'City of Boynton Beach Police Department, hereafter referred to as
the Provider. The parties hereto mutually agree as follows:
ARTICLE1. - -' '-~-' -- -' -'_' ~ -:_V -.
The Authority hereby agrees 'e ·
to engage, the Provider and the Provider hereby agrees to
perform the services hereinafter set forth. Th Promder understands and agrees that all
services are to be performed solely by the Prqvider and may not be subcontracted for or
assigned without the prior written consent p_f t lie Authority. The Provider agrees to supply
the Authority with written notification should i it become necessary to change the project
director, financial officer, or authorizing offieial.
This Agreemem shall be performed in ia~¢cordance with Sections 860.151 through
860.158, Florida Statutes, and Chapters 2-~6.001 through. 2-36.011, Florida Administrative
Code, which are hereby incorporated by reference.
ARTICLE 2. SCOPE OF SERVICES
The Provider agrees to undertake, p~rform and comPlete the services described in the
grant application, hereby incorporated as A2tmChmem A to this Agreement.
ARTICLE 3. TIME OF PERFORMANCE
This Agreement shall become effective on July 1, 1995, or on the date when the
Agreement has been signed by all parties, Whichever is later, and shall Continue through June
30, 1996.
ARTICLE 4. AMOUNT OF FUNDS
The Authority agrees to pay the Provider for those services which are completed in
accordance with the terms and conditions of this Agreement, the grant application and the
budget as approved by the Authority. The total sum of monies paid to Me Provider for the
costs incurred under this Agreement shall not ~xceed $7,336. The Provider agrees not to
commingle grant funds with other personal or i business accounts.
ARTICLE 5. AUTHOR/ZED EXPENDITURES
O .... 1 . .
nly expenditures whmh are detaded ~n the budget narrative of the grant apphcation
and approved by the Authority are eligible for payment with grant funds. The Authority and
Provider understand and agree that funds may not be used to pay for lobbying the Legislature,
the judicial branch or a state agency; to pay for entertainment, food or refreshments; to
supplant current efforts; or to purchase decorative, items. The Authority and Provider further
agree that travel expenses, paid by grant funds will not exceed state rates pursuant to Section
112.061, F.S.; that the Provider shall reimburse the Authority for all unauthorized
expenditures; and that the Provider shall not use grant funds for any expenditures made: by the
provider prior to. the executiOn o£ this Agreement or ~er the termination date of the
Agreement.
If the Provider is a unit of local or state government, the Provider must follow the
written purchasing procedures of the government agency. If the Provider is a non-profit or
(3) written quotes
for all grant-related purchases equal ~to or in ~ unless it
can Authority may approve in
writing an alternative
ARTICLE 6.
The Provider may
not to exceed one
reimbursement of!
the~
report and
the
documentation
The Authority
for the
the Authority no later than 45 days
In accordance with the
and services
five (5)
receiving
to deliver a request
· twenty (20) days
or services: are 1
Provider preparation
requirements do not start
established a
for vendors
Vendor
Hotline,
In
up to three months of anticipated expenses,
based on
by the Provider.
on: Provider submission and Authority
expenditure
of all costs represented on
the Authority may require that
approval of the invoice.
not satisfactorily completed. Payments
made. The final invoice is due to
termination of the Agreement.
15.422, F.S., vendors providing goods
that, upon receipt; an agency: has
anc~ services provided. Upon
the Authority has twenty (20) days
Finance. The
the invoice is received or the goods
be processed due to
The invoice .payment
is provided to the Authority.
Banking and Finance has
to act as an advocate
The
by calling the State Comptroller's
287.0582, F.S., if the terms of this
Agreement and payment current fiscal year, the Authority's
performance and obligation to pay under Us Agreement are contingent upon an annual
appropriation ,by the Legislature.
ARTICLE 7. ~
The Provider agrees to be responsible for the proper care, custody and distribution of
all grant property in accordance with Chapters 2-36.006 and 2-36.007, Florida Administrative
Code, and agrees not to sell, transfer, encumber, or otherwise dispose of property acquired
with grant funds without the written permission of the Authority.
ARTICLE 8. DOCUMENTATION
The Provider shall maintain books,
which
The
~or a
expenses,
the
and documents (including electronic
practices
; of grant funds.
f the Authority that contains all
mfficient
performed or
the
the services including the day on which
were incurred, a detailed itemization of such.
from the
information
without notice, <to all r~orcls and
pursuant to
public
provisions
If the
the entity or
ARTICLE
If the Provider agrees to have an audit
performed AUditor General, Chapter 10.600, Audits of
State Grants
If the grant mount received exeeeds~ $25,000 but does not exceed $100,000, the
accordance with the Rules of the Auditor
promulgated
independent certified
organization has complied with the
or
Prowder agrees to 'have the head of
the entity or organization has
is to be submitted by the ~ Provider to the
Authority 1 or expiration of the Agreement. Upon
written request by the Provider, the Authority may approve submission of the audit at a later
date.
The Provider agrees to allow the Authority, or its representative, to conduct audits as
deemed necessary by the Authority to ensure compliance with. the terms and conditions of the
grant.
ARTICLE 10. REPORTS
The Provider agrees to maintain and timely file such progress, fiscal, inventory, and
other reports as the Authority may require pertaining to this grant.
ARTICLE 11. pUBLIC RECORDS made ot , the Provider in
in
conjunction with this Agreement are to allow
accordance with the provisions of Section 119.07,
public access to such. records shall constitute grounds for cancellation of this Agreement.
obli
the for
the
any of
the
Any
Authority
be
shall
request
Such
the
of the
up to ten
without
color, national origin, age, sex or handicap,
shall be in; be denied proceeds or benefits of; or be otherwise
subjected in performance of this Agreemem as proscribed by all applicable
state and federal laws and regulations.
ARTICLE 15. CONTINUATION OF GRANT
The Provider may annually apply for continuation of the initial Agreemem for up to
two additional years. Continuation of the Agreemem is subject to the following conditions:
4
A. An application for cominuation of fundiilg must be received by the Authority not
less than 120 days prior to the last day of the term of this agreement.
B. The application is for the same services as set forth in the initial Agreement.
C. The application is subject to the availability of funds.
D. The application is subject to approval by the Authority.
E. Continuation of the Agreement is contingent upon satisfactory performance of the
Provider as evaluated by the Authority.
ARTICLE 16. AGREEMENT AS INCLUDING ENTIRE AGREEMENT
This instrument embodies the entire Agreement of the parties. There are no
provisions, terms, conditions, or obligations other than those contained herein. This
Agreement supersedeS all previous communications, representations or agreements on this
same subject, verbal or written, between the parties.
IN WITNESS WHEREOF, the FLORIDA MOTOR VEHICLE THEFT PREVENTION
AUTHORITY and the Provider have executed this Agreement.
PROVIDER (DATE)
FRED O. DICKINSON (DATE)
CHAIRMAN
FLORIDA MOTOR VEHICLE THEFT
PREVENTION AUTHORITY
FID # of PROVIDER
CHRISTINE SULLIVAN-LUTZ'(DATE)
EXECUTIVE DIRECTOR
FLORIDA MOTOR VEHICLE
THEFT PREVENTION AUTHORITY