R91-107RESOLUTION NO. R91-/~/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY
OF BOYNTON BEACH AND WALLACE ROBERTS &
TODD, A COPY OF SAID AGREEMENT IS
ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, %he City Commission of the City of Boynton Beach
CITY) has determined that it is necessary, expedient and to the
)est interest of the City to retain a consultant to render and
)erform consulting and other professional services in connection
~ith the preparation of a Master Plan and subsequent
[rchitectural, landscape architectural and associated engineering
~ervices for the design of Intracoastal Waterway Park; and
WHEREAS~ the City desires to engage the firm of Wallace
~oberts & Todd (WRT) on a contract basis, subject to periodic
:enewal and agreement, for specific work assignments as per the
~uthorization procedures hereafter set forth in Exhibit "A"
~ttacked hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
· ITY 0P BOYNTON BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby directed
execute an Agreement for Professional Services Agreement
)etween the City of Boynton Beach, Florida and Wallace Roberts &
~odd, a copy of said Agreement being attached hereto as Exhibit
Section 2. This Resolution shall take effect immediately
lpon passage.
PASSED AND ADOPTED this ~ day of July, 1991.
CITY OF BOYNTON BEACH, FLORIDA
;~4ayor ~
Vice Ma~6r
~TTEST:
( Cqr~orat e, Se}a ]7)
sioner
CITY OF BOYNTON BEAC~
AGREEMENT FOR PROFESSIONALSERVICES
THIS AGREEMENT made and entered into this day of
· 1991· by an~ betwee~ the CITY OF BOYNTON
BEACH, a political subdivision of the State of Florida
hereinafter referred to.as the -"OWNER',. and Wallace Rnh~ve~
Todd, a Pennsvlvania PartnershzD.-and aiso identified
with office[located at 191 Giralda Avenue, Coral~Gables, Floridn
3313__4, hereinafter referred to as the "CONSULTANT-.
the OWNER has determined that
he best interest of the
and perform
connection with~
architectural,
services for design of
lntracoastal waterway Park.
it is necessary,
oWNER tO'~retain a
and other
of a
~e= forth.
desires to engage the CONSULTANT on a
periodic for
as per the authorization, procedures
NOW, THEREFORE, the parties hereto do mutually agree as follows:
SECTION 1. EMPLOYMENT OF THE CONSULTANT
The OWNER hereby engages the CONSULTANT and the CONSULTANT agrees
to perform services hereinafterdescribed.
SECTION 2. SCOPE OF SERVICER
2.1
The CONSULTANT shall do, perform and carry out in a
professional and proper manner all duties related to the
planning and design of Intracoastal Waterway Park as the
OWNER may designate, as defined by specific work assignments
as follows:
2.2
Work Assignment 1:
Work Assignment 2:
Master Plan
~esign, Construction Documents,
and Construction Phase Services.
Bidding
Work Assignment 1 is defined in BASIC SCOPE OF SERVICES -
EXHIBIT A, attached hereto and made a part of this
agreement. The scope of services for Work Assignment 2 will
be determined upon mutual agreement of CONSULTANT and OWNER,
prior to authorization to proceed with such services. In
the event the parties are unable to reach a mutual agreemen=
with respect to Work Assignment 2 OWNER notify CONSULTANT in
writing that CONSULTANT,S services will not be required for
Work Assignment 2. CONSULTANT shall not be en=itled to any
form of compensation for work associated with Work
Page ! of 7
Assignment 2 until such time as the
mutual written agreement
SECTION 3. OWNER'S RESPONSIBILITIES
The OWNER sha~i~l:-~o .the-follewing:
3.2 Furnish to
parties have
the
reached a
actonthe
Work
and
3.3 the
as
requ
3.4 Perform such other functions as are in Exhibit
3.5
No act or omission by OWNER in perfo..rmlng,.cr providing the
foregoing to CONSULTANT shall constitute a any
claim by CONSULTANT f¢
time to complete the pro] Should
that any act or omlss OWNER will or
prevent timely completion
promptly notify OWNER in shall take
reasonable action to address
SECTION ~. TIME OF COMPLETION
4.1
The services to be rendered by the CONSULTANT-shall be
commenced upon written,notice f~om the ~WNER and the w?rk
shall be completed in accordance with, the -followIng
schedule, unless it shall be modified bY ~he mutual Consent
Of.the OWNER and CONSULTANT.
4.2
EXHIBIT "A" BASIC SCOPE OF WORK: Twelve months from Notice
to Proceed unless modified by mutual written consent of
OWNER and CONSULTANT.
4.3
WORK ASSIGNMENT 2 andsubsequent services shall be performed
in accordance with schedules of performance and fees which
may be mutually agreed to by OWNER and CONSULTANT.
SECTION 5. COMPENSATIO~
Page 2 of 7
5.1
5.2
The OWNER agrees to pay the CONSULTANT a maximum total fee
of Thirty Eight Thousand Dollars ($38,000) for the BASIC
SCOPE OF SERVICES (EXHIBIT "A"), which amount includes
$2,000 for Rossi-Malavasi (subconsultant) regardless of the
actual time for completion as set forth above.
If additional subconsultant services such as a sea grass
survey or other environmental the
fee shall be determined at a later date and authorized by
OWNER. Fees for Work Assignment 2shalt be negotiation to
proceed with tasks to be defined therein. Total fee for
other items in excess of the
required in Work Assignment 2
construction documents.
be
for project e ' '
p rmlttlng and
5.3
Additional services, including work those
led Exhibit "A", shall be~ on
rates with expense
for travel, , courier, etc., additional
lump sum as~may be mutualiy:-agreed ~ ~OWNER and
SECTION 6. ~PAYMEN~S TO CONSULTANT
6.1
6.2
CONSULTANT shall submit monthly invoices for services
rendered by the CONSULTANT and Subconsultants based on the
percentage completion of the work m~tually agreed by OWNER
and CONSULTANT. The OWNER shall make prompt monthly
payments in response to CONSULTANT,s monthly statements.
If the OWNER fails to make any payment due to the CONSULTANT
for services and expenses within sixty (60) days after
receipt of an approved invoice, the CONSULTANT may, after
giving seven ~7) days written notice to the OWNER suspend
services until the CONSULTANT has been paid in full all
amounts due for services performed thrOugh the date as set
forth in the invoices.
SECTION 7. AUTHORIZATION OF WORK ASSIGNMENTS
7.1
All work assignments beyond or in addition ~o EXHIBIT "A" -
BASIO SCOPE OF SERVICES shall be authorized in writing in
accordance with the OWNER's purchasing policy prior to any
work being conducted by the CONSULTANT. Authorization shall
be in the form of subsequent exhibits attached hereto and
made a part of this Agreement.
7.2
Additional authorizations may contain additional
instructions or provisions specific to the authorized work
for the purpose of expanding upon certain aspects of this
Page 3 of 7
Agreement pertinent to the work to be undertaken. Such
supplemental instructions or provisions shall not be
constructed as a modification of this Agreement.
Authorizations shall be dated and serially numbered.
SECTION 8. COST' CONTROL
8.1
'Lrements and considerations in
shall be set forth in said
8
9.1
the
in
· as follows:
T~ ~ei. OWNEi~.
any
on the
the
n authorizations provided for herein
and shall be delivered or mailed
City of Boynton Beach
100 E~ Boynton Beach Boulevard
Boynton Beach, FL 33435
Charles Frederick, Director
of Parks and Recreation
To the CONSULTANT:
Attention:
Wallace Roberts & Todd
191 Giralda Avenue
Coral Gables, FL 33~34
Attention: John E. ~ernsler, AIA Partner
or addressed to either party at such other address as such
party shall hereinafter furnish to the other party in
writing. Each such notice, request, or authorization shall
be deemed to have been duly given when so delivered, or, if
Page 4 of 7
mailed, when deposited in the mails, registered, postage
paid.
SECTION 10. GENERa~ CONSIDERATION8
i0.1
10.
10.3
10.4
10.5
Ail .documents, including reproducible copies of original
drawings, estimates, specifications, field notes, and design
data. areend,remain the property of the OWNER. In the even=
the OWNER uses said documents on any projects not covered in
this contract, it shall indemnify and save harmless
CONSUL~AI~T from all damages, including-~legal fees and costs,
resulting from the reuse ~f said the
stated reasons that may be ~ the damage
claims.
with or
the
be paid for all services
rei~ibursab!e expenses incurred to dat~ of termination upon
proper~proOf.~hereof.
The and ~CONSULTANT each is the
executors, and legal
~of the OWNER and to the
per~itted bY paragraph 10.4 the OWNER
~re hereby bound to this
and to the partners, executors,
and legal represent gns)
o in respect all covenants,
agTf~eements; of this Agreement.
shall not assign, sublet, 9r transfer.any
.~ under] or interest mn (including~ but without
that may become due or ~oneys that are
due) this reement or subsequent work Assignm~nt~without
the written consent of the other, except.to the extent that
any. assignment, Subletting, or transfer is mandated by law
or the effect of this limitation may be restricted by law.
Unless specifically stated to the ' written
to! ~any ~assignment, no ass ease or
assignor from anydut~ under
this Agreement. Nothing contained in this shall
prevent the CONSULTANT from employiDg' sUCh %nd~pendent
professional associates, subcontracto~s~ and ~on~ltants as
it ~ay deem .appropriate to assist in th~ P~rf0~m~nce of
services d~ll~eated in subsequent Work Assignments. The
OWNER hereby acknowledges and approves the following
subconsultants: Rossi and Malavasi
Nothing under this Agreement shall be construed to give any
rights or benefits in this Agreement to anyone other than
the OWNER and CONSULTANT, and all duties and
Page 5 of 7
responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the OWNER and
CONSULTANT and not for the benefit of any other party.
10.6 This E~hibits constitute
the entire 2 CONSULTANT and
This
10.8
10-9
WITNESS WHEREOF the
ed, and delivered
~sence of:
Attest:
~ity Clerk
not
for
are
tot
,on for
to
and
non-
H~:,~h~!~tate of
ha~e.~¢aU~d these
CITY:eOF BOYNTON BEACH ~
City Manager
Page 6 of ?
CO~TRACT
sufficiency:
Wallace Robert~ & Todd
~Joh-n~E. F&rnsler, AIA
Page 7 of 7