R93-10RESOLUTION NO. R93-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF B~YNTON BEACH, FLORIDA, AUTHORIZING
THE ~¥OR'AND CITY CLERK TO EXECUTE A CONTRACT
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND SMITH ARCHITECTURAL GROUP, INC., FOR THE
DEVELOPMENT OF A LONG TERM PLAN FOR THE REUSE
AND REHABILITATION OF THE HISTORIC BOYNTON
SCHOOLS; A COPY OF SAID AGREEMENT IS ATTACHED
HERETO AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach is desirous of entering into a
Contract Agreement with Smith Architectural Group, Inc., for the develop-
ment of a long term plan for the reuse and rehabilitation of the Historic
Boynton Schools;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI4HI$$ION OF THE CITY
OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby authorized and
directed to execute a certain Agreement between the City of Boynton Beach,
Florida and Smith Architectural Group, Inc., for the development of a long
term plan ~or the reuse and rehabilitation of the Historic Boynton Schools,
a copy of said agreement is attached hereto as Exhibit "A".
Section 2.
passage.
This Resolution shall take effect immediately upon
PASSED ~ ADOPTED this /,9;' day of January, 1993.
CITY OF BOYNTON BEACH, FLORIDA
M~ybr
ATTEST:
(Corporate Seal )
Commission/
CONSULTANT AGREEMENT FORM
PROFESSIONAL SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach,
hereinafter referred to as "the City", al~d SmitbArchitectural 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 re~ained by the City to
perform professional services in connection with the
project designated
~___~_ynton Schools = e and rehabilitation laufor the Historic
2. Scope of Services. 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. Consultan~ shall perform all services and provide
all work product required pursuant to this agreement by
July 15, 1993
unless an extension of such time is granted in
writing by the City.
4. Payment.
work and
The Consultant shall be paid by the City for completed
for services rendered under this agreement as follows:
Payment for the work provided by Consultant shall be made as
provided on Exhibit "A" attached hereto, provided that the
total amount of payment to Consultant shall not exceed
$ 50~000 without express written modification of the
agreement slgned by the City.
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.
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 and for
all materials, supplies, equipment 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
.~F~L~Consultant Agreement Page 2
three (3) years after final payments. Copies shall be made
available upon request.
Owne~ip_~nd Use.of Documents. All documents, drawings,
speclzlca=lons an~ 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.
Compliance with laws. Consultant shall, in performing the
services contemplated by this 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.
Indemnification. Consultant shall indemnify, defend and hold
harmless the City, its officers, 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.
Insurance. The Consultant shall secure and maintain 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 insurance i~ 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.
Independent Contrac=or. 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 no~ 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.
Consult&hr Agreement
Page 3
10.
11.
Di~scrimination Prohibited. The Consultant, with regard to the
woTk performed by it under this agreement, will not discriminate
on ~he 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.
Assiqnment. The Consultant shall not sublet or assign any of the
services covered by this agreement without the express written
consent of the City.
12. ~on-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.
13. Termination.
14.
The City reserves the right to terminate this agreement at
any time by giving ten (10) days written notice to the
Consultant.
be
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.
Disputes. Any dispute arising out of the terms or conditions of this
agreement shall be adjudicated within the courts of Palm Beach County,
Further, this agreement shall be construed under Florida Law.
Florida.
Consultant Agreement
Page 4
15.
Notices. Notices to the City of Boynton Beach shall
sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attn: Carrie Parker
Notices to Consultant shall be sent to
address:
Jeffery W. Smith, President
Smith Architectural Group, Inc.
the following
be
206 Phipps Plaza
Palm Beach, FL 33480
16.
agreement may be amended only by written
signed by both City and Consultant.
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
instrument
DATED this /~ day of
CITY OF BOYNTON BEACH
199~
Attest/Authenticated:
Ci~ Clerk ~
~f/~e- of t e~'ity Attorney
Title
(Corporate Seal)
Attest/Authenticated:
Secretary
Rev. 1/22/91
EXHIBIT A
SCOPE OF SERVICES
The following describes the scope of services for this project and the
associated costs for each sub-element item:
ELEMENT COST
I. Building Analysis
a)
Complete structural analysis of both buildings
to determine if any deficiencies exist and an
estimated cost of repairing such defects.
$ 5,000
b)
Review of building and life safety codes, requirements
of Americans with Disabilities Act, Public Law
101-336, Section 255.21 Florida Statutes, regarding
accessibility for the handicapped. Any changes or uses
recommended must meet all the above requirements, while
not damaging the historical integrity of the building.
$ 80O
c)
d)
Inspection of the condition of the structural, mechani-
cal, electrical and plumbing systems in both buildings
for soundness and suitability for the proposed uses.
This should include inspections of the underside of the
ground floors from the crawl spaces under the buildings
and the removal of isolated areas of the ceilings and
walls for inspection of typical structural systems and
plumbing/electrical. Evaluate and provide a written
analysis of the allowable floor loadings.
Review School Board asbestos survey and develop cost
estimate for abatement plan set forth in School Board
report
$ 5,000
$ 1,200
2. Feasibility Study
a)
b}
Preliminary Use Analysis
Adaptive reuse
Community input
Charrete Prep
Research
Graphics
Organizational meeting
Community Meetings
Market Research
$ 1,200
$ 1,250
$ 300
$ 1,5oo
$ 3oo
$ 4,000
$ 8,150
c) Estimate $ 1,800
d) Design alternatives (discussion} $ 500
e) Conceptual Designs - 3 preliminary conceptual
design plans on based on community input
$ 6,000
3. Schematic Design
a) Design plan - presentation drawing based on final
use selected
$10,000
b) Grant Application - assistance in writing grant $ 3,000
applications and research alternative grant
opportunities
TOTAL $50,000
NOTE:
This fee includes mileage, postage, ten (10) copies of final report and all
incidentials. It does not include travel to/from Tallahassee in the event
the City wishes to request the firm's attendance at a grant hearing. The
final design plan submitted to the City will include schematic flopr plans,
elevations, presentation boards and cost estimates based on the final uses
selected.