2008-068 Amendment to Consultant Services Agreement with TBE GroupRESOLUTION 2008-68
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
• NORTH PALM BEACH, FLORIDA, APPROVING A SECOND AMENDMENT
TO THE AGREEMENT FOR CONSULTANT SERVICES WITH TBE GROUP,
INC. TO EXTEND THE TERM OF THE AGREEMENT AND TO AUTHORIZE
CONSTRUCTION PHASE SERVICES FOR THE ANCHORAGE PARK
REDEVELOPMENT PROJECT; AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
•
WHEREAS, the Village wishes to enter into a Second Amendment to the Agreement for
Consultant Services with TBE Group, Inc. to extend the term of the Agreement and to authorize
construction phase services for phase one of the Anchorage Pazk redevelopment project at a total
cost not to exceed $40,400; and
WHEREAS, due to TBE Group's familiarity with the project and its performance to date, the
Village Council determines that the approval of this Resolution is in the best interests of the
Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The foregoing recitals aze ratified as true and correct and aze incorporated herein.
Section 2. The Village Council hereby approves the Second Amendment to the Agreement for
Consultant Services with TBE Group, Inc., a copy of which is attached hereto and incorporated
herein, to extend the term of the Agreement and to authorize demolition and construction phase
services at a total cost not to exceed $40,400.00, with funds expended from Account # U8028-66210.
Section 3. The Village Council authorizes the Mayor and Village Clerk to execute the
Second Amendment on behalfofthe Village.
Section 4. All resolutions or parts of resolutions in conflict herewith aze hereby repealed to
the extent of such conflict.
Section 5. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 9th DAY OF OCTOBER 2008.
(Village Seal)
„.
ATTEST: • ~'
MAYO
• ~~~~~~~
VILLAGE CLERK
SECOND AMENDMENT TO AGREEMENT FOR
CONSULTANT SERVICES
THIS SECOND AMENDMENT to the Agreement for Consultant Services is
entered into this _ 9~_ day of QGf~~r', 2008 by and between the Village of
North Palm Beach, a Florida municipal corporation ("Village") and TBE Group, Inc., a
Florida corporation ("Consultant").
WHEREAS, on August 15, 2006, the Village and Consultant entered into an
Agreement for Consultant Services ("Agreement") relating to renovation work and
improvements to the physical facilities at Anchorage Park ("Project"); and
WHEREAS, the Agreement contemplated that Consultant would perform such
services phases in accordance with Service Authorizations issued by the Village; and
WHEREAS, through the adoption of Resolution No. 2006-59, the Village
Council authorized pre-design and planning services at a total cost not to exceed
$211,651; and
WHEREAS, through the adoption of Resolution No. 2007-109, the Village
Council adopted an Amendment to the Agreement, extending the term of the
Agreement through December 13, 2008 and authorizing design, permitting,
geotechnical and pre-bid services at a total cost not to exceed $136,800; and
WHEREAS, the parties wish to again extend the term of the Agreement and
establish the terms under which Consultant shall provide construction phase services
to the Village during demolition activities and the construction of park improvements
for phase one of the Project.
NOW, THEREFORE, in consideration of the mutual promises set forth in the
Agreement for Consultant Services and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged by each party, the parties
agree as follows:
Section 1:
The foregoing recitals are ratified and incorporated herein.
Section 2:
The Village and Consultant hereby agree to extend the term of the Agreement for
Consultant Services through December 31, 2009.
Section 3:
The Village specifically authorizes, and Consultant agrees to perform,
construction phase services relating to demolition activities and the construction of park
improvements for phase one of the Anchorage Park Project.
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A. Demolition
1. Consultant shall provide limited on-site services to observe demolition
progress, and the Village shall provide an on-site representative to
observe actual demolition activities.
2. Consultant shall observe completed activities at various stages for up to
four (4) visits and shall receive disposal manifests and compaction test
reports from the Contractor. Consultant shall notify the Village prior to
each site visit and provide written verification to the Village of same,
including the actual number of hours expended at the site.
3. Consultant shall provide responses to requests for information by the
Contractor, review Contractor shop drawings and review Contractor
payment requests. Furthermore, Consultant shall provide the final
certifications relating to the project for all agencies requiring same, and
shall provide the necessary direction and instruction to ensure that all
requirements and prerequisites for such certifications are satisfied during
the course of the demolition process.
4. The compensation paid to Consultant by the Village shall be based on the
number of hours actually worked utilizing the following hourly rates:
a. Engineer: $145.00 per hour
b. Administrative Staff: $ 70.00 per hour
5. The fees paid to Consultant for construction phase services relating to
demolition shall not exceed $14,400.00 without prior written approval of
the Village.
B. Construction of Park Improvements
1. Consultant shall provide limited on-site services to observe construction
progress, and the Village will provide an on-site representative to observe
actual construction activities.
2. Consultant shall observe completed activities at various stages for up to
six (6) visits and shall receive disposal manifests and compaction test
reports from the Contractor. Consultant shall notify the Village prior to
each site visit and provide written verification to the Village of same,
including the actual number of hours expended at the site.
3. Consultant shall provide responses to requests for information by the
Contractor, review Contractor shop drawings and review Contractor
payment requests. Furthermore, Consultant shall provide the final
certifications relating to the project for all agencies requiring same, and
provide the necessary direction and instruction to ensure that all
requirements and prerequisites for such certifications are satisfied during
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the course of the construction process, irrespective of which party is
responsible for performing same.
4. The compensation paid to Consultant by the Village shall be based on the
number of hours actually worked utilizing the following hourly rates:
a. Engineer: $145.00 per hour
b. Administrative Staff: $ 70.00 per hour
5. The fees paid to Consultant for construction services relating to the
construction of park improvements shall not exceed $26,000.00 without
prior written approval of the Village.
Section 4:
Consultant shall invoice all expenses at cost. Expenses shall only include
reproduction costs, postage costs and required field supplies.
Section 5:
To the extent not modified by this Second Amendment, all other provisions of the
Agreement for Consultant Services, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Amendment as
of the date first written above.
CONSULTANT: VILLAGE:
TBE GROUP, INC., a VILLAGE OF NORTH PALM BEACH,
Florida corporation a Florida municipal corporation
Name: S La,e~1 ~{~„~G~-l,~ ~ Q,= William Manuel,' ayor
Title: V,c~'~es.den.l-
Witnessggl by
~ ~~
Name: ~c ~~'( dt ~
Title: ~~(L'Grt,~'d vC -Q"Q"~~/
Attest:
i~6G?~~~ /-~
Melissa Teal, illage Clerk
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