R03-078RESOLUTION NO. R03- 07 ~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
EXECUTION OF AMENDMENT NO 3 TO THE
INDUSTRIAL AVENUE CORRIDOR STORMWATER
IMPROVEMENTS PROJECT CONSULTANT
AGREEMENT IN AMOUNT NOT TO EXCEED $35,000.00;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 20, 2000, the City Commission approved a Consultant
Agreement for Kimley-Hom & Associates in the amount of $390,390.00, which Agreement
icovered tasks for design, permitting, bidding services, and construction management for the
ilndustrial Avenue Project; and
WHEREAS, this Amendment No. 3, is not seeking additional funding, but is seeking
reallocation of previously approved funding and approval to move this funding from the
contractor's total allocation to that of the engineer; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby authorize and direct the approval and execution of Amendment No. 3 to the Industrial
Avenue Corridor Stormwater Improvements Project Consultant Agreement.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this {_o day of May, 2003.
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M~yor
Vice Mayor
ATTEST:
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EXHIBIT A
SCOPE OF SERVICES
Kimley-Horn and Associates, Inc. has been requested to provide the following
additional services by the City of Boynton Beach:
Lake Worth Drainage District Annexation Support Services
Kimlcy-Horn has previously provided a legal description of the project boundaries
for usc by Lake Worth Drainage District (LWDD) in annexing the project into their
service area. However, additional complications have arisen related to thc annexation
prompting the City to consider whether proceeding with the annexation is the best
course of action.
In support of the consideration of alternatives, the City requested that Kimley-Horn
execute additional stormwater model simulations to evaluate alternatives to the
constructed outfall into the FDOT ditch. Kimley-Hom has evaluated the effects of
removing the piped connection from Pond B to the FDOT ditch and adding
emergency spillways to allow flow only during the most extreme events. Kimley-
Horn advised the City of our findings as requested.
Kimley-Horn also contacted FDOT and inquired about any permit or other agreement
between LWDD and FDOT authorizing the outfall from the FDOT ditch into the E-4
canal.
Lake Boynton Estates Water Main Upgrades - Field Engineering
Kimley-Horn was previously authorized to design replacement of 6" AC watermain
with an 8" DIP watermain through Lake Boynton Estates in order to facilitate future
branch watermain and water service improvements in the area. Kimley-Horn
requested that the Contractor perform detailed field locates of existing utilities for
use in our design. However, the information provided by the Contractor was
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incomplete in several locations. As a result, several field modifications to the design
were required. Those modifications included:
· Alteration of the tie-in to the Vining's system
· Alteration of the tie-in to the existing 6" watermain at the north end of Pond B
· Alteration of the tie-ins to existing watermain near Veterans Circle
In addition to the engineering revisions, construction of the new watermain and tie-
ins lasted considerably longer than expected, resulting in additional field observation
and coordination with the City testing lab to test segments of the watermain.
Finally, obtaining releases from the Palm Beach County Health Department required
additional effort as the Contractor's record drawings were initially incomplete, and
some of the test data had expired before being submitted to the Health Department
with the request for release.
Extension of Construction Phase Services
The construction has continued into 2003 and it is likely that Final Completion will
be achieved in April. Kimley-Horn has continued to provide construction phase
engineering and construction observation at the request of the City. The specific
services provided to date are as follows:
· Review of MEC Pay Application Nos. 10, 11, 12, and 13.
· Conducting and preparing minutes of three (3) Weekly Progress Meetings.
· Construction observation by Field Representative during January 2003.
· Attending and documenting seven (7) field walk-throughs (including the
Substantial Completion walk-through).
· Development of punch list after Substantial Completion walk-through.
· Development of Field Change Directive Nos. 9, 10, and 11.
· Review of Project Record Drawings (including review meetings with City and
Contractor).
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· Clerical support for the services listed.
We will continue to provide construction phase through Final Completion of the
project in cooperation with the City.
The City previously authorized a contingency budget of $22,453.95 in order to
provide a source of additional funding to deal with field changes on the Lake
Boynton Estates water construction. Approximately $ ! 8,158.87 of the contingency
budget remains and could be applied toward our additional effort.
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EXHIBIT B
FEE AND BILLING
As shown in the attached Exhibit C, Kimley-Hom has expended approximately
$28,240.00 through March 31, 2003. We propose to complete our services for a total
additional fee (inclusive of all 2003 effort) of $35,000.00.
Fees will be invoiced monthly based upon the actual effort expended as of the
invoice date. Payment will be due within 25 days of the date of the invoice.
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EXHIBIT C
Industrial Avenue - 2003 Hours Expended
Activity MDS Sr. Prof.-Other Prof. Ballum Clerical
$120.00 $120.00 $75.00 $50.00 $50.00
Pay App 10 review 4
Pay App 11 review 4
Pay App 12 review & mtgs. 25
Weekly Progress Meetings (3) 10 10
Field Observation/Inspection 26
Field reviews/walkthroughs (7) 25
inc. Sub. Com. Walkthrough
Punchlist development/distribution 12
Field Chg. Directive 9 4
Field Chg. Directive 10 4
Field Chg. Directive 11 (unofficial) 10 12
inc. design of drainage fixes
LWDD annexation support 5 24
meetings (2), modeling, FDOT
(Note $4,000 prelim KHA budget
to cover survey and eng.)
Record drawings (1st draft, 2nd 48 9 20
draft, letters, mtgs)
Clerical (in support of all the above) 50
Total hour~ 151 21 44 36 50
Fee $18,120.00 $2,520.00 $3,300.00 $1,800.00 $2,500.00
.... Note that Sr. Professional is calculated at the same rate as MDS
ITotal $28,240.001
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