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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.