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R97-101RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING A PROPOSAL BY PARKER-YANETTE DESIGN GROUP, INC. TO PERFORM ADMINISTRATIVE AND PROFESSIONAL SERVICES FOR LANDSCAPE ARCHITECTURAL SERVICES IN ASSOCIATION WITH LANDSCAPING APPROXIMATELY 5000 LINEAR FEET IN THE RIGHT-OF-WAY ALONG NORTH FEDERAL HIGHWAY BETWEEN THE BOYNTON CANAL AND THE NORTHER CITY LIMITS; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is involved in the beautification of the Federal Highway right-of-way in the City limits; and WHEREAS, the City Commission of the City of Boynton deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to accept the proposal of and enter into an agreement with Parker-Yanette Design Group, Inc. to perform landscape architectural services for approximately 5000 feet of right-of- way for North Federal Highway between the Boynton Canal and the northern city limits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby accept the proposal of Parker-Yanette GrouP, Inc. to perform landscape architectural services for apprOximately 5000 feet of right,of-way for North Federal Highway between the Boynton Canal and the northern city limits, and authorizes the Mayor and City Clerk to enter into said agreement, being attached hereto as Exhibit "A". Section 3. passage. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this ,/~' day of June, 1997. ATTEST: Ci~ Clerk "- CITY OF BOY,~N BEACH, FLORIDA ~ Mayor / Vice Mayor Commissioner ~1ol COMPI..IAN;I; W~TH LAW~. Conlultant Sh~ll, in Perf.'ming the services corttln~lateal by this ~reement, fli~fully ~ee~e and ~ with all ~ral, s~. ~ ~1 ~, o~ln~ .nd regu~i~ns ~at are appli~ie to ~ INDEMNIFICATION. Consultant shall indemnify, CWf. enq ~nd h~ld I~lrmletl the City, its offices, age~-ts and empl<)y~es, from and against any and all ~alms. tasks er liability, or any persian thereof, induGling attorneys fees end costa. arising from i~ury er de~h to I~trsen, the employees, Or ~ to propMly ~ The Con.ultant shall comply with the attached Insurance Advisory Form. INDEPE_N_DENT CONTRA_CTOI~; The Consultant aha Re Ctty igree that the C0rmultlnt i~ an t~nc~ent contractor with r~splct to the services provided pureuer~ to this agreement. Nothing in this agreement et'tell I)l con.adamS to create the relationship of employer anti employee between tt'le partiM herelo Neither =ormultant nor employee of consultant anal! be entitlad to any benefits accordea City employees by v~ue of the ~ervices provJdect under this agreement. The City ~hail not las responelole for withholding ar atherwise deducting fecler&l income tax or social security or for contrilouung ta the mete industrial :insurance I~Ogrem, othenvise assuming the dutiel of an empleyer with mtlaect to Consultant, or any employee of Consultant A~,~I~NMB~T, The Consultant shall not ~ublet or assign any of me #rvice~ covered I~ this agreement witl'l~.~t the e~ress wrfften consent of the City. ~ Any dispute out of the terms ar conditia~a of thi~ agreement el'till be adjudicated within the courts of Florida. Further, thi. agreement shall be conMrued under Florida Law. INTEGP.~ATI[~' AGREEMENT. TI'tis tgreem~nt, togatl~er wilh .tt~chrnentt ~r acRlenda, re~esents the entire end integrated.agrmm.4nt between tl~e City and the Con~tant end sueersedes ell I~or negotiations, reprl~entatlon$, or I~'~'T'terff~ wrltterl I~' erll. TIIll ~lgr~lillant may be amended only by written irmtrument ligned by botts the City and Consultant. June 6, 1997 PARKER. YANNETTE design group, inc. Mr. Kevin Hallahan Parks and Recreation Department City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425-0310 RE: North Federal Highway Right-Of-Way Our Ref. No.: 95-337 Dear Mr. Hallahan: This proposal is submitted by Parker-Yannette Design Group, Inc. hereinafter referred to as the "Consultant", to the City of Boynton Beach hereinafter referred to as the "Client". It is our understanding that we will provide landscape architectural services as outlined below for approximately 5000 linear feet of landscape area in the right-of-way for North Federal Highway, between the Boynton Canal and the northern city limits. SCOPE OF SERVICES Our responsibilities under this agreement will be as follows: PART A - Planting Plan Preparation of base sheet(s) from owner supplied surveys, engineering plans, etc. · One initial client conference and one initial site visit. · Review of pertinent development restrictions and requirements. · Preparation of preliminary planting plan and cost estimate for client review and approval. · Preparation of final detailed planting plans based upon client's review of preliminary plans. Final plans to include plant list, specifications, details and any information required to obtain permits for planting in a right-of-way. PART B - Contract Administration · Coordination meetings with city staff, up to a total of six (6) hours, regarding bid documents and bid coordination. LANDSCAPE ARCHITECTURE · PLANNING · GRAPHICS 900 South U.S. Highway One Suite 104 Jupiter, Florida 33477 561/747-5069 Lic. #LA1089 Mr. Kevin Hallahan June 6, 1997 Page 2 of 3- Assemble bid documents (using client's standard forms) and develop landscape specifications. Coordinate bidding process and assist in contractor selection. FEE SCHEDULE The consultant estimates the following costs for completion of the Scope of Services: PART A - Planting Plan 50% ($1,650.00)payable upon completion of prelimina~ planting plans. 50% ($1,650.00) payable upon completion of final plans. $3,300.00 PART B - Contract Administration $1,400.00 75% ($1,050.00)payable upon completion of bid package. 25% ($350.00) payable upon selection of contractor The above fees include necessary minor revisions to the plans as the job progresses. Major revisions caused by circumstances beyond the control of Parker-Yannette Design Group, Inc. are not included and will be billed at the rate listed in the "Additional Work" portion of this proposal. These fees do not include other consukants fees, filing fees, or normal reimbursable expenses which will be itemized on the.monthly bill. Reimbursable expenses shall include printing and reproduction, photo enlargements, courier charges, facsimiles, and any other normal direct expenses. ADDITIONAL WORK At the request of the "Client", Parker-Yarmette Design Group, Inc. shall provide additional work not listed under "Scope of Services'° on an hourly basis. Our hourly rate is: Professional $50.00/hour. FEE CAP Under no circumstances shall the total compensation for this contract (including the above noted fees, reimbursable expenses, and additional work) exceed $5,300.00. If additional services are required beyond this cap, then City Commission approval will be required. EXHIBIT "A" Exhibit "A", attached hereto and incorporated herein, is hereby made a part of this contract. TERMS Fees shall be billed as designated in the fee schedule. All balances shall be due upon receipt. Fee shall be considered past due thirty (30) days from the billing date. Invoices Mr. Kevin Hallahan June 6, 1997 Page 3 of 3~ remaining unpaid for over thirty (30) days will result in cessation of work on the project and withholding of plans. Interest will be charged and added to the balance of the account commencing and to the extent that the same remains unpaid thirty (30) days after the rendering of said bills. Fees are subject to re-negotiation if scope of services is not completed within six (6) months due to delays beyond the Consultant's control. Payment of fees does not in any way depend upon development approval by any reviewing body. At the discretion of the Consultant, the terms of this agreement may be null and void if not accepted within thirty (30) days. If the Consultant is prevented from continuing service for reasons beyond the Consultant's control for more than one hundred twenty (120) days, then this contract may be terminated by the Consultant. If the Client wishes to terminate Consultant's services, the Client must give ten (10) working days written notice to Consultant. In either case, the Consultant 'shall be entitled to full compensation based on the percentage completion of services or on a time and materials basis, whichever is greater, up to the date of termination. Client agrees Consultant may use this project for professional design award competitions. All designs, ideas, arrangements, and plans that are created by Consultant for use on and in connection with this project are owned by and are the property of the Consultant. However, reproducible copies of these drawings will be provided at cost upon the Client's request. All changes to this contract shall be in writing and executed by all parties. If the terms of this proposal are acceptable, please have an authorized representative of the Client sign one copy and return it. Sincerely, Charles C. Ya~unette, ~'ASLA Principal I (we) guaranty to the offices of Parker-Yannette Design Group, Inc., the payment of all sums due them by the Client in accordance with the above agreement and accept the terms and conditions contained herein. ! (we) understand that non-payment of fees as outlined above will result in the immediate cessation of work on the project. Date: EXHIBIT "A" COMPLIANCE WITH LAW~. Consultant shall, in performing the services contemplatecl by this agreement, faithfully observe and compty with all federal, state, ancl local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. I-NDEMNIFICA'r~:)N. 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 nJury or death :to person, the employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. T ~ ,~ [ t. Advisory Form ' he ,.,o. ,.,uftant shalt comply with the attached Insurance INDEPENDENT C~)NTRACTOR. 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 snail be entitled to any benefits accordecl 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 ~ndustrial inSurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. ASSIGNMENT, The Consultant shall not sublet or-asslgn any of the services covered by this agreement without the express 'written consent of the City. DISPUTES, Any dispute 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. INTEGi~,,,,TED AGREEMENT, This agreement~ together with attachments or addenda, represents the entire and integrated agreement between the City end 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 the City and Consultant.