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R02-119RESOLUTION NO. R02- l I ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFQ #040-2413- 02/CJD TO ARCHITECTS DESIGN GROUP, INC., PROVIDING FOR THE RFQ CITY WIDE SPACE PLANNING STUDY; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE CONTRACT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach does hereby approve the award of RFQ #040-2413-02./CJD to ts Design Group, Inc. of Winter Park, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, approves the award of RFQ #040-2413-02./CJD to Architects Design Group, providing for the RFQ City-Wide Space Planning Study, in the mount of $88,780.00, a copy of said Contract is attached hereto. Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ~ ~5'day of August, 2002. Mayor ~ Corr.. issioner ATTEST: CONSULTANT AGREEMENT FORM CITY-WIDE SPACE PLANNING STUDY THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Architects Design Group, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The Consultant is retained by the City to perform Architectural & Planning services in connection with the project designated "City-Wide Space Planning Study" RFQ No. 040-2413-02/CJD. 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. o 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 ninety (90)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 completed work and for services rendered under this agreement as follows: Payment for the work provided by Consultant shall be made as provided on attached hereto, provided that the total amount of payment to Consultant shall be in accordance with Attachment B of this agreement and shall not be increased without the express written modification of the agreement signed by the City. bo 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. Co 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. do 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. eo 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. o 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. o 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. o 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. o 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. 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 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 benefice 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 that a bonefide 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. 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 11. 12. 13. 14. 15. 16. consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, git~, or contingent fee. 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. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. 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 chooses. 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. 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: Kurt Bressner, City Manager C: Bill DeBeck, Pro|ect Manager Notices to Consultant shall be sent to the following address: Architects Design Group, Inc. P.O. Box 1210 Winter Park, Florida 32790 Phone: 407-647-1706 Fax: 407.645.5525 Attn: I.S.K. Reeves V, FAIA, President 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. EXHIBIT A: SCOPE OF SERVICES ATTACHMENT B: COMPENSATION FOR SERVICES DATED this 13 day of ActO_,j~_~T CITY OF BOYNTON BEACH /Mayor/ ×xxxxxxx~t~[/~,uthenticat ed: x /, * ' . Approved as to Form: ~)ffice of tl(e'City Attomey ,20 0'2_ Title (Corporate Seal) Attest/Authenticated: Rev. 6/17/02 AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Inc. EXHIBIT A Scope of Services: Citywide Space Planning Study City of Boynton Beach, Florida ADG Project No. 651-02 The Project is generally described as a comprehensive facility study of several municipal facilities, including the following facilities (as identified in the RFQ): CITY HALL 100 East Boynton Beach Blvd. CITY HALL - EAST WING 100 East Boynton Beach Blvd. CITY HALL - WEST WING 100 East Boynton Beach Blvd. COMMISSION CHAMBERS 100 East Boynton Beach Blvd. POLICE HEADQUARTERS 100 East Boynton Beach Blvd. FIRE STATION 100 East Boynton Beach Blvd. WILSON CENTER/WILSON POOL RECREATION ACTIVITY CENTER CODE ENFORCEMENT TRAILER PISTOL RANGE 3501 N. Congress PUBLIC WORKS Itl - Admin Bldg, Warehouse, Vehicle Service PUBLIC WORKS #2 - Streets/Sanitation, Facilities Management 222 N.E. 9th Avenue PUBLIC WORKS It3 - Parks Maintenance 222 N.E. 9th Avenue PUBLIC WORKS It7 - Parks Storage 222 NE 9th Avenue ANIMAL SHELTER 415 NE 4th Street The study shall take into consideration the current and future (20 year) space requirements for service delivery and shall develop recommendations that relate to current and anticipated physical need. The City, under terms of this agreement, has the ability to authorize the architect to provide Architectural, Engineering and Planning services for specific facilities through task-specific work orders. The general scope and Phases of Services herein are identified as follows; specific services to be provided for specific facility analyses will be identified in individual work orders. Note: See also Exhibit "A" page 5 for a matrix of facilities and services to be provided under terms of this agreement. AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Inc. EXHIBIT A Page 2 1. Task I: Spatial Needs Assessment: 1.1 The Architect shall participate in an initial meeting, with departmental personnel and City staff, to review the proposed project and to establish project schedules for specific tasks. 1.2 The Architect shall conduct an analysis of the routine operations of the identified entities in order to fully understand their function, operations and the respective interaction, relationship, adjacency priorities and potential of joint use facilities. 1.3 A detailed Spatial Needs Assessment shall then be conducted, providing documentation as to the current and future needs; future need being defined as those anticipated for the year 2020 and current need being as the year 2002, based upon the projected utility service area of the City. The process for obtaining this information shall consist of a two-part effort; a detailed questionnaire and on-site interviews with the staff of the various departments/entities. The questionnaire shall relate to such information as: 1.3.1 1.3.2 1.3.3 1.3.4 1.3.5 1.3.6 1.3.7 Historical, Current and Projections for Future Staffing Levels. A Detailed Mission Statement. An Organizational Chart. An Assessment of Requested Spaces. A Definition of Functional Inter-Relationships. Documentation of Specialized Equipment. Documentation as to relationship to other City Departments. 1.4 The Architect, as a part of this phase, shall consider and provide documentation to the extent possible, of staffing level projections and their spatial need impact upon future needs of facilities. 1.5 The Architect shall provide recommendations on generic space standards by various personnel classification. Space standards shall provide recommendation for furniture and furniture layouts that would improve functionality and cost effectiveness of service delivery. 1.6 This Phase shall conclude in a detailed report identifying observations, findings, analysis and recommendations relative to current need, future need and alternative recommendations to resolve the needs identified. AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Inc. EXHIBIT A Page 3 2. Task Il: Existing Facilities Assessment: 2.1 The Architect and Sub-consultant team shall conduct a series of on-site inspection of facilities included in the study to identify the physical conditions relative to the following: 2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 Assessment of structural condition. Suitability for expansion or rehabilitation. Assessment of accessibility based upon the requirements of the ADA and The Florida Accessibility Code. Assessment of the general condition of the noted buildings. Assessment of energy consumption and conservation techniques utilizing the services of the City's FP&L consultant. 2.2 Based upon the findings, the Architect shall prepare a report identifying preliminary planning recommendations relative to facility alternatives identified in Phase I Space Needs Assessment. 3. Task III: Evaluate FaciliW SecuriW and Regulatory Compliance: 3.1 The Architect shall review and coordinate the findings and assess the impact of the City's in-house security consultant relative to the facility alternatives identified in Phase I Space Needs Assessment. The consultant shall review and consider the City's current report and make such comments that are appropriate. 3.2 The Architect and Sub-consultant Team shall evaluate hurricane vulnerability of each facility being studied and prepare recommendations of necessary modifications to improve survivability of the structures. 3.3 Based upon the findings, the Architect shall prepare a report identifying preliminary planning recommendations relative to facility alternatives identified in Phase I Space Needs Assessment. 4. Task IV: Development Alternatives: 4.1 Based upon information developed during the Spatial Needs Assessment Phase, Existing Facilities and Evaluation of Security and Regulatory Compliance, the Architect shall develop a series of development alternatives relative to the various facilities included in the study. 4.2 The Development Alternatives shall consider the following items: 4.2.1 Current and future needs by facility and department/division within each division. AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Inc. EXHIBIT A Page 4 4.2.2 4.2.3 4.2.4 4.2.5 Cost of modifications, expansion, relocations and new construction. Advantages and disadvantages of the various approaches to implementing recommendations. Cost of professional services and miscellaneous expenses associated with implementation of the various alternatives. Timeframes for implementation incorporating known factors of CIP budget, upcoming capital projects, bond issues, etc. 4.3 The Architect shall prepare a final report documenting Development Alternatives, observations, findings, analysis, preliminary cost analysis and recommendations that form the basis of future budget considerations and timeframes to complete each project. 5. Task V: Prepare As-Built Drawings: 5.1 5.2 5.3 5.4 5.5 The Architect shall assemble all documents (plans, sketches, surveys, etc) from the City that describe the general floor plans and document modifications, alterations and additions to the identified facilities. The Architect shall make a visual inspection of the existing facilities to note accuracy of the documents provided by the City and to identify modifications, alterations and additions to the facilities not identified on the previously assembled documents. The Architect shall prepare updated floor plans of the facilities that identify the current arrangement and physical condition of the spaces. The updated floor plans will be provided to the City in the final report and in an AutoCAD 2000 digital file. The Architect shall utilize the As-Built Drawings to prepare a Conceptual Narrative Plan of the proposed facilities (Task IV), and to document areas currently utilized by the respective Departments. The Professional Fee for this Task shall be determined after the Owner has provided those documents and drawings that are available. 6. Task VI: Final Presentation: 6.1 Based upon information developed during the preceding phases, the Architect shall prepare criteria and information relative to site requirements of the various Departments. 6.2 As part of this Phase, the Architect shall meet with the City Manager and the respective Departments and subsequently with the City Council. The basis of this presentation shall be to fully explain the proposed analysis and to respond to and consider questions and/or recommendations by the Council and the citizens of the City of Boynton Beach. AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Inc. EXHIBIT A Page 5 7. The following chart identifies the specific services (tasks) relative to each of' the City facilities. No. Facility Identification Tasks 1 2 3 4 5 6 1 City Hall · · · · · · 2 City Hall East Wing · · · · · · 3 City Hall West Wing · · · · · · 4 I Commission Chambers · · · · · · 5 Police Headquarters · · · · · · 6 Fire Station # 1/Admin. · · · · · · 7 Recreation Activity Center · · · · · · 8 Public Works # 1 · · · · · · 9 Public Works # 2 · · · · · · 10 Public Works # 3 · · · · · · 11 Public Works # 7 · · · · · · 12 Animal Shelter · 13 Fire Station # 3 · · · · 14 Wilson Center · · · 15 Pistol Range · · · · 16 Code Enforcement Trailer · · AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Inc. ATTACHMENT B Compensation for Services City of Boynton Beach, Florida ADG project No. 651-02 Compensation for Reimbursable Expenses The City intends to issue work orders on a task specific basis. shall be included with each work order. Reimbursable expenses The basis for the reimbursable expenses shall be as outlined below. Reimbursement for the CONSULTANT will be billed at cost times 1.10. The consultant shall be entitled to costs associated with the preparation of documents and/or invoices related to reimbursable expenses. Description Price In-House Duplicating Distance Telephone Charges Facsimile Charges $0.25/copy Actual Cost Actual Cost Cell Phone Charges Actual Cost Posta Actual Cost Overnight Charges Actual Cost Courier Charges Actual Cost In House Actual Cost - Outsourced Actual Cost Film & Development Actual Cost Miscellaneous Office Expenses (Materials) Expenses: Actual Cost Rental Car Actual Cost Milea $0.345/mile Tolls Actual Cost Fuel Actual Cost Actual Cost Meals Actual Cost AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Inc. ATTACHMENT B Page 2 Frequency Of Billing Invoicing shall be submitted to the CITY on a monthly basis for the work performed during that billing period. e Supplemental Records The CONSULTANT must maintain adequately detailed time records for all principals, partners, and employees who devote time to the work, and any part of whose salaries is included in Direct labor cost. Time sheets, if requested by the CITY, are to be provided upon presentation of each invoice. Receipts and other documents, if requested by the CITY, shall be provided to substantiate all expenditures. DIRECT/BILLABLE LABOR RATES FOR CONSULTANT'S EMPLOYEES ON PROJECT TEAM Job Classification Hourly Rate Schedule Billable Rate Raw with 2.7 multiplier Principal-In-Charge $46.31 $125.04 Studio Design Director $32.89 $88.80 Project Architect $22.35 $60.35 Computer Supervisor $21.15 $57.11 Computer CADD I $18.25 $49.28 Clerical $13.00 $35.10 Graphic Designer $14.50 $39.15 Interior Design Principal $23.84 $64.37 e Professional Fees The CONSULTANT agrees to provide the referenced services (tasks) at a fixed fee, identified as follows: 4.1 4.2 Task I: Spatial Needs Assessment: · Professional fee ...................................................................................... $ 45,250.00 Task II: Existing Facilities Assessment: · Structural Engineering ............................. $ 3,800.00 · Mechanical/Electrical Engineering .......... $ 3,400.00 · Architectural ............................................ $ 6,870.00 · Total/Professional Fee ........................................................................... $14,070.00 AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Inc. ATTACHMENT B Page 3 4.3 4.4 4.5 4.6 4.7 4.8 Task III: Evaluate Facility Security and Regulatory_ Compliance: · Professional fee ........................................................................................ $ 4,280.00 Task IV: Development Alternatives: · Professional fee ...................................................................................... $10,180.00 Task V: Prepare As-Built Drawings: · Professional fee ........................................................................................ $ 8,800.00 Task VI: Final Presentations: · Professional fee ........................................................................................ $ 2,800.00 Reimbursable Expenses (Fixed Fee) ............................................................... $3,400.00 Total/Professional Fees .............................................................................. $ 88,780.00