R21-1431
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RESOLUTION NO. R21-143
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN
EXTENSION OF A CONSULTANT AGREEMENT WITH FLORIDA
CARIBBEAN ARCHITECTURE, INC (FCA) IN THE AMOUNT OF
$192,000.00 FOR PROJECT MANAGEMENT AND PROFESSIONAL
ARCHITECTURAL SERVICES FOR THE NEW PUBLIC WORKS FACILITY
AND THE RENOVATION AND IMPROVEMENTS TO THE EXISTING
BUILDING AND SITE FOR THE NEW UTILITY WATER QUALITY
LABORATORY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, In May 2018, the City Commission approved Resolution R18-068 for
$182,400.00 for Florida Caribbean Architecture (FCA) to provide project management
services/owner's representative services for the Town Square projects; and
WHEREAS, In December 2020, City Commission approved Resolution R20-146 for
$101,250.00 to extend the agreement to include two additional projects (the Utilities Water
Quality Laboratory and the New Public Works Facility); and
WHEREAS, FCA is needed because the time required to successfully complete
projects exceeds the time staff has available. This extension of services will bring the total
value of FCA's services to $475,650.00; and
WHEREAS, staff is recommending for the City Commission to approve and
authorize the Mayor to sign an agreement with Florida -Caribbean Architecture of Boynton Beach,
FL for Project Management Services, in the amount of $192,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
SACA\RESO\Agreements\Florida Caribbean Architecture Consultant Agreement (Project Management Services) - Reso.docx
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
29 as being true and correct and are hereby made a specific part of this Resolution upon
30 adoption hereof.
31 Section 2. The City Commission of the City of Boynton Beach, Florida does
32 hereby approve and authorize the Mayor to sign an agreement with Florida -Caribbean
33 Architecture of Boynton Beach, FL for Project Management Services, in the amount of $192,000.00, a
34 copy of which is attached hereto as Exhibit "A".
35 Section 3. This Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this 19th day of October, 2021.
37 CITY OF BOYNTON BEACH, FLORIDA
38
39 YES NO
40 Mayor — Steven B. Grant %/
41
42 Vice Mayor — Woodrow L. Hay �L
43
44 Vice Mayor —Justin Katz
45
46 Commissioner — Christina L. Romelus
47
48 Commissioner — Ty Penserga
49
50 ATTEST: VOTE
51
52 C�
53 Crystal Gibso , MMC
54 City Clerk
55
56
57 (Corporate Seal)
SACMRESWgreementsTlorida Caribbean Architecture Consultant Agreement (Project Management Services) - Reso.docx
City of Boynton Beach — Owner's Representative/ Project Manager
Florida -Caribbean
F
Ito t —"
Architrar_.ti_irc
May 12, 2021
Mr. Andrew Mack, Assistant City Manager
City of Boynton Beach Development Department
100 E. Ocean Avenue
P.O. Box 310
Boynton Beach, FL 33435-0310
Re: City of Boynton Beach — Owner's Representative/ Project Manager
Dear Mr. Mack:
Florida Caribbean Architecture Inc.
7 Erwood Place
Boynton Beach, Florida, 33426
Tel: 561 308 6694 (C)
561287 5470 (0)
anderson@fcarchitecture.com
www.FCArchitecture.com
Florida Caribbean Architecture Inc. (CONSULTANT) appreciates the opportunity and is pleased to provide our
proposal for Owner's representative/ Project Management services for the City of Boynton Beach on a "continuing
services / as needed" basis. It is our understanding that the City is developing multiple and varying types/ sizes of
projects listed in their Capital Improvements Plan.
Project Description/ Intent:
The intent of the scope of work is for FCA to be the Owner's (City of Boynton Beach) Representative/ Project Manager
and act as an extension of the Owner's staff managing the day to day operations of any given project during the design
and construction phases. FCA will act as a liaison between the developer, design team and the contractor to ensure that
the Owner's best interest are at the heart of every decision made.
Scope of Services:
It is Florida Caribbean Architecture, Inc. understanding that the scope of work is based on the development of any of
the multiple projects the City has identified in their Capital Improvements Plan.
The Owner maintains ALL decision making authority and all contractual relationships flow back to the Owner. As an
extension of the Owner's staff, the Owner's Representative/ Project Manager interfaces with all project team members,
tracking issues and facilitating and expediting solutions. The Owner's Representative/ Project Manager will be
responsible for maintaining clear and concise communication, keeping accurate records and thorough documentation
throughout all phases of the project.
FCA will be responsible for monitoring the following:
1. Preliminary design through final design to ensure that the project scope is achieved
2. The overall project budget
3. Permitting
4. Pre -construction
5. The bidding process
6. Construction related activities, including pay applications
7. Project close-out and occupancy
8. Move management and relocation
Florida Caribbean Architecture, Inc. (CONSULTANT) will provide Owner's Representative/ Project Management
services noted above.
Services include monitoring the following:
A. Project Coordination
B. Design Phase
C. Bidding Phase
D. Construction Phase
E. Final acceptance and move -in
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City of Boynton Beach - Owner's Representative/ Project Manager
Tasks: Monitoring of the following:
Task A: Project Coordination Monitoring:
1. Project schedule
2. Comprehensive Project Budget
3. Identify roles and responsibilities of each member of the project team
4. Attend all neighborhood zoning and planning approval meetings
5. Provide written and verbal reports to the Owner and other groups as directed
6. Provide advice regarding potential project pitfalls and suggesting solutions
Task B: Design Phase Monitoring:
1. Oversee overall Project Coordination
2. Review plans and specifications
3. Value engineering oversite
4. Identify all applications, permits and approvals
Task C: Bidding Phase Monitoring:
1. Procurement oversite
2. Bid package preparation and contract Document Review
3. Overseeing selection, delivery and installation of fixtures, furnishings and equipment
4. Bid evaluation
5. Assist in general contractor selection and contract negotiation
Task D: Construction Phase Monitoring:
1. Represent the Owner at regular project meetings.
2. Project schedule review and oversite.
3. Monitor construction schedule and alert Owner to conditions that may lead to delays in the completion of
work and construction schedule issues.
4. Facilitate timely turnaround of shop drawings and submittals, by architects and vendors.
5. Conduct Project Meetings managing agendas, meeting minutes and action items.
6. On-site oversight construction monitoring to ensure compliance with approved documents.
7. Provide documentation and written record as to the progress, problems and recommended solutions.
8. Monitor status of inspections, change orders, construction changes and shop drawings.
9. Monitor construction to make sure building complies with design and specifications.
10. Communicate with architect's office and Owner regarding the daily progress and problems associated with
construction.
11. Review changes as submitted by the contractor with the architect or engineer's office and keep the Owner
informed.
12. Advocate on the part of the Owner during dispute, disagreements, modifications, or change orders.
13. Maintain project records in an orderly manner, including
- Correspondence
- Contract documents
- Change orders
- Construction change directives
- Reports of meetings, etc.
14. Review payment requests with architect's office and Owner.
Task E: Final Acceptance & Move -in Monitoring:
1. Coordinate architect, consultant and Owner punch lists as construction nears completion.
2. Review the list of items to be: completed or corrected with the contractor and architect's office for issuance of
Certificate of Substantial Completion.
3. Close-out and warranty procedures
4. Coordinate project close-out documentation, including as-builts, warranties, maintenance manuals, testing and
demonstrations, etc.
Schedule:
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City of Boynton Beach — Owner's Representative/ Project Manager
Florida Caribbean Architecture, Inc. shall commence services immediately upon authorization and receipt of "Notice to
Proceed" but is subject to adjustments for delays which are beyond the control of FCA.
Assumptions:
1. Owner to provide copies of all pertinent information, i.e. design criteria, schedule, scope of work, team chart,
etc.
2. Access to site for field inspection by the architect and sub -consultants shall be made available.
3. Any assessment or removal of hazardous or toxic materials shall be handled by others.
4. Any delays in schedule which are outside the control of Florida Caribbean Architecture, Inc. (including
reviews and approvals) may constitute a change in schedule and require an amendment to the schedule herein,
and may constitute additional services/ compensation.
5. Florida Caribbean Architecture, Inc.'s and its sub -consultants liability for damages will, in the aggregate, not
exceed the amount of the fee. This provision takes precedence over any conflicting provision of this or any
document incorporated into it or referenced by it. In no event shall Florida Caribbean Architecture, Inc., its
officers or any of its sub -consultants be liable for any incidental, indirect, special, punitive, economic or
consequential damages, including but not limited to loss of revenue or profits, suffered or incurred by the
Owner(s) as a result of this agreement or Florida Caribbean Architecture, Inc.'s performance or non-
performance of services pursuant to this agreement.
6. The standard of care applicable to Florida Caribbean Architecture, Inc.'s services will be the degree of skill
and diligence normally employed by professional architects or consultants performing the same or similar
services at the time Florida Caribbean Architecture, Inc.'s services are performed. Florida Caribbean
Architecture, Inc. will perform any services not meeting this standard without additional compensation.
7. The presence or duties of Florida Caribbean Architecture, Inc.'s personnel at a construction site, whether as
onsite representatives or otherwise, do not make Florida Caribbean Architecture, Inc. or their personnel in any
way responsible for those duties that belong to the Client or its Construction Contractor, or other entities and
does not relieve the Construction Contractor or other entities from their obligations, duties and responsibilities,
including but not limited to all construction methods, means, techniques, sequences, and procedures necessary
for coordinating and completing all portions of the construction work. Florida Caribbean Architecture, Inc.'s
personnel have no authority to exercise any control over any Construction Contractor or any other entity in the
performance of the work or any health or safety precautions, and have no duty of inspecting, noting, observing,
correcting or reporting on health or safety deficiencies at the site, except as related to Florida Caribbean
Architecture, Inc.'s own personnel.
Compensation for Services: Hourly rate)
Compensation shall be as follows:
1. Unless otherwise agreed to with the City, compensation for any given project services described above shall be
based on the following:
- 40 Hour work week at an hourly rate of $100.00
- Weekly: $4,000.00
- Monthly: $16,000.00
2. Owner has agreed to cover all expenses related to project equipment, supplies and postage where/ when
applicable.
Payment — In consideration for the services to be rendered by by the Consultant hereunder, Owner agrees to pay
Consultant subject to the provisions of this agreement.
1. Consultant will submit monthly invoices to the Owner pursuant to the terms of this agreement. Owner shall
pay invoices within 15 days of receipt.
2. Owner will be charged interest at a rate of 1.5% per month or that permitted by law is lesser, on all past due
amounts starting 30 days after receipt of invoice.
3. In the event of a disputed billing, only the disputed portion shall be withheld from payment. Owner shall
exercise reasonableness in disputing any bill or portion thereof.
Termination:
Provided that the terminating party is not also in default hereunder, this Agreement may be terminated by any party
upon written notice that a material obligation, except for non-payment, has not been performed. The party to whom the
written notice is provided shall have thirty (30) days to coffect the non-performance of the material obligation or the
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City of Boynton Beach — Owner's Representative/ Project Manager
contract shall be deemed terminated. In the event of a non-payment, written notice shall be delivered and the payment
identified in the notice shall be made within seven (7) days or the contract shall be deemed terminated. Proof of
correction or payment must also be submitted within the respective time periods referenced above.
Miscellaneous Provisions:
a. No Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual
relationship with or cause of action in favor of a third party against either the Owner or Consultant.
b. Delay and Additional Services: If and to the extent that the time initially established for the
Construction Phase of the project, as established by the construction contracts, is extraordinarily exceeded
or extended through no fault of the Consultant, compensation for services required for such extended
period of Administration of the Construction Contracts shall be computed in the manner set forth for
additional services.
c. Arbitration: Any controversy or claim arising out of or related to the contract, or the breach thereof, shall
first require mandatory mediation. In the event mediation is unsuccessful then it shall be settled by
arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration
Association and judgement upon the award rendered by the Arbitrator or Arbitrators may be entered in any
court having jurisdiction thereof.
d. Entire Agreement: This Agreement represents the entire agreement between Owner and Consultant and
supersedes all oral and prior negotiations.
We thank you for the opportunity to be of service to you on this project. Should you have any questions, please call
Mr. Anderson Slocombe, AIA at (561) 308 - 6694.
APPROVAL OF SCOPE AND FEES
City of Boynton Beach
uthorizing Signatur
.SV Vc rN Z . G fLc�n-j'
Printed Name
Title: 1 `aga
Date:
Florida Caribbean Architecture, Inc.
Authorizing Signature
Anderson Slocombe, AIA, NCARB
Printed Name
Title: President
Date: -05/12/21
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