R06-096
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RESOLUTION NO. R06- 0 q Go
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT FOR PROFESSIONAL
CONSULTING SERVICES BETWEEN CITY OF
BOYNTON BEACH AND KIMLEY-HORN AND
ASSOCIATES, INC., PROVIDING PROFESSIONAL
CONSULTING SERVICES FOR A TRAFFIC
CONCURRENCY EVALUATION OF SOUTHWEST 30TH
A VENUE AND CHARTER DRIVE IN THE AMOUNT
OF $1,500.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff, deems it to be in the best interests of the citizens and residents of
the City of Boynton Beach, to enter into an agreement with Kimley-Hom and Associates,
Inc., in the amount of $1,500.00, to provide professional consulting services for a traffic
concurrency evaluation of Southwest 30th Avenue and Charter Drive in compliance with the
requirements of the Countywide Traffic Performance Standards Ordinance, and to authorize
the Mayor and City Clerk to execute said Agreement;
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
27 ratified and confirmed by the City Commission.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
29 hereby authorizes the Mayor and City Clerk to execute an Professional Consulting Services
30 Agreement between the City of Boynton Beach and Kimley-Hom and Associates, Inc., in the
31 amount of $1,500.00, to provide professional consulting services for a traffic concurrency
32 evaluation of Southwest 30th Avenue and Charter Drive in compliance with the requirements
33 of the Countywide Traffic Performance Standards Ordinance.
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Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESQ\AgreementsIConsult Agmt concurrency evalualion.doc
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PASSED AND ADOPTED this /~fl.dayofMay, 2006.
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ATTEST:
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(Corporate Seal)
:\CAIRESO\AgreemenIS\Consult Agml concurrency evaluation.doc
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ATTACHMENT B
Kimley-Horn
and Associates, Inc.
Ro(p- 090
April 7, 2005
.
4431 Embarcadero Drive
West Palm Beach, Florida
33407
Jody Rivers
Assistant Parks Director
City of Boynton Beach
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425
Re: Congress Avenue Community Park
SW Corner of Congress Avenue & Charter Drive
Dear Ms. Rivers:
Kimley-Horn and Associates, Inc. ("KHA"), is pleased to submit this letter
agreement to the City of Boynton Beach (the "Client") for professional consulting
services relative to the above-mentioned property. The property to be developed is
located on the southwest corner of Congress A venue and Charter Drive in the City
of Boynton Beach, Florida. You desire to develop the property to contain a city
park. Our proposed scope of services, fee, and schedule are below.
SCOPE OF SERVICES
Task I - Traffic Concurrencv Evaluation
A concurrency evaluation will be performed in compliance with the requirements
of the Countywide Traffic Performance Standards Ordinance. The buildout
timeframe for the initial evaluation will need to be specified by you. A site plan
will need to be provided by you. It is assumed that the park will be ZllJ.4- acres
and that access will be provided from Charter Drive and from a cross-ac~~sl with
WXEL to the south.
In the trip generation analysis, KHA will determine the number of daily, AM and
PM peak hour trips that would be generated from the proposed development plan.
These trips will then be assigned to the development's driveway and the roadway
links on Palm Beach County's major roadway thoroughfare network within the
study area.
Based on the anticipated trip generation from the site, the project is not expected
to have a significant impact on the Palm Beach County thoroughfare network.
.
TEL 561 845 0665
FAX 561 863 8175
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Kimley-Horn
and Associates, Inc.
Ms. Jody Rivers, April 7,2006, Page 2
However, if the development plan changes, the project may have a significant
impact on several roadway links within the study area and a more detailed analysis
of roadways and adjacent intersections may be necessary which would be
performed under Task 11 -- Additional Services. A site access analysis will also be
undertaken (based on a site plan provided by you) to determine the turn lane
requirements, if any, at the project driveways. The letter report will summarize
and describe our analyses, conclusions and recommendations. Ten (10) copies of
the report will be provided.
Task 11- Additional Services
Any services not specifically provided for in the above scope, as well as any
changes in the scope you request, will be considered additional services and will
be performed at our then current hourly rates as we agree prior to their
performance. Additional services we can provide include but are not limited to the
following:
I. site plan development
2. full traffic impact study submittal
3. traffic evaluation revisions based on land use changes
4. response to comments from Palm Beach County
5. additional traffic engineering analyses
6. data collection
7. general civil engineering
8. environmental analysis and engineering
9. planning and zoning assistance
10. permitting and regulatory assistance
11. structural engineering
12. forensic (expert witness) services
13. construction administration
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Kimley-Horn
and Associates, inc.
Ms. lady Rivers, April 7, 2006, Page 3
SCHEDULE
We will provide our services in an expeditious manner to meet the schedule
mutually developed by the Client and KHA for the various elements of the
proj ect.
FEE AND BILLING
KHA will perform all services described in Task I of the Scope of Services for a
lump sum fee of$I,500.
KHA will provide the services described in Task 11 of the scope of services on a
labor fee plus expense basis. Labor fee will be billed according to the rates in
effect at the time the services are provided. Direct reimbursable expenses such as
express delivery service, fees, air travel, out-of-town mileage, and other direct
expenses will be billed at I .15 times cost. An amount will be added to each
invoice to cover certain other expenses such as in-house duplicating, local
mileage, telephone calls, facsimiles, postage, and word processing.
Administrative time related to the project may be billed hourly. Technical use of
computers for design, analysis, GIS, and graphics, etc. will be billed at $25.00 per
hour. All permitting, application, and similar project fees will be paid directly by
the Client.
Billing will be monthly based upon a percentage of services performed for lump
sum elements or for services actually accomplished for hourly rate elements.
Billing will be due and payable within 25 days.
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Kimley-Horn
and Associates, Inc.
Ms. lady Rivers, April 7,2006, Page 4
CLOSURE
In addition to the matters set forth herein, our agreement shall include, and shall
be subject to, the Standard Provisions attached hereto and hereby unincorporated
herein. The term "the Client" as used in the attached Standard Provisions shall
refer to City of Boynton Beach.
If you concur in the foregoing and wish to direct us to proceed with the
aforementioned services, please execute the enclosed copy ofthis letter agreement
in the space provided and return the same to the undersigned. Fees and time
stated in this agreement are valid for sixty (60) days after the date of agreement by
Kimley-Horn and Associates, Inc.
We appreciate this opportunity to submit this letter agreement. Please contact us
if you have any questions.
KIMLEY-HORN AND ASSOCIATES, INC.
~+r- W-thr
Christopher W. Heggen, P.E.
Transportation Engineer
AL)~
Adam B. Kerr E.I.T. (SC)
Project Manager
FWS/ABK
Attachment: Standard Provisions
Agreed to this
I (p-+J, day of
'fJ{ CUj..,
(/
,2006.
CITY OF BOYNTON BEACH
A Municipality
an..P-:-
By:
CITY ATTORNEY
Title: /fA'ytt iL
(As
, Witness
1/<:7 i{ /J iT I-i A
(Print or Type Name)
fJrLL; /.)E-I'ta r C/71 au:,c
Official Seal:
P:\85294\ABK\2006\040506 Congress Community Park. doc
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(I) Consultant's Scope of Services and Additional Services. The Consultant's undertaking to perform professional
services extends only to the services specifically described in this Agreement. However, if requested by the Client and
agreed to by the Consultant, the Consultant will perform additional services ("Additioual Services"), and such Additional
Services shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant
for the performance of any Additional Services an amount based upon the Consnltant's then-current hourly rates plus an
amount to cover certain direct expenses including in-house duplicating, local mileage, telephone calls, postage, and word
processing. Other direct expenses will be billed at 1.15 times cost. Technical use of computers for design, analysis, GIS,
and graphics, etc., will be billed at $25.00 per hour.
(2) Client's Responsibilities. In addition to other responsibilities described herein or imposed by law, the Clieut shall:
(a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete
authority to transmit instructions, receive information, and make or interpret the Client's decisions.
(h) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project
including all numerical criteria that are to be met and all standards of development, design, or constnlctiou.
(c) Provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new data
reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact
assessments or statements, zoning or other land use regnlations, etc., upou all of which the Consultaut may rely.
(d) Arrange for access to the site and other private or public property as required for the Consnltant to provide its services.
(e) Review all documents or oral reports preseuted by the Consultant aud render in writing decisious pertaining thereto
within a reasonable time so as not to delay the services of the Consultant.
(1) Furnish approvals aud permits from governmental authorities having jurisdiction over the project and approvals and
consents from other parties as may be necessary for completion of the Consultant's services.
(g) Cause to be provided such independeut accounting, legal, insurance, cost estimating and overall feasibility services as
the Clieut may require or the Consnltaut may reasonably request in furtherance of the project development.
(h) Give prompt written notice to the Consultant wheuever the Client becomes aware of any development that affects the
scope and timing of the Consultant's services or any defect or noncompliance in any aspect of the project.
(i) Bear all costs incident to the responsibilities of the Client.
(3) Period of Services. Unless otherwise stated herein, the Consultant will begin work timely after receipt of an executed
copy of this Agreement and will complete the services in a reasonable time. This Agreement is made in auticipatiou of
conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be
extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or
suspension extends for more than six months (cumulatively), Cousultant's compensation shall be renegotiated.
(4) Method of Paymeut. Compensation shall be paid to the Consultaut in accordance with the following provisions:
(a) Invoices will be submitted by the Consultant to the Client periodically for services performed and expenses incurred.
Payment of each invoice will be due within 25 days of receipt. The Clieut shall also pay to the Consultant all transaction
taxes, if any, whether state, local, or federal, levied with respect to amounts paid hereunder, includiug but not limited to
sales tax. The Consultaut shall be compensated in U.S. dollars. Interest will be added to accounts not paid within 25 days
at the maximum rate allowed by law. If the Client fails to make auy paymeut due the Consnltant under this or any other
agreement within 30 days after the Consultant's transmittal of its invoice, the Consnltant may, after giving notice to the
Client, suspend services under this Agreement until all amounts due are paid in full.
(h) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt
of the invoice or the Client's objections will be waived, and the invoice shall couclusively be deemed due and owing.
(c) The Client agrees that the payment to the Consultant is not subject to auy contingeucy or condition. The Consultant
may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to
have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and
without prejudicing any right of the Consnltant to collect additional amounts from the Client.
(5) Use of Documeuts. All documents, including but not limited to drawings, specifications and data or programs stored
electronically, prepared by the Consultant are related exclusively to the services described in this Agreement, and may be
used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be
suitable for use, partial use or reuse by the Client or others on extensions of this project or on any other project. Any
modifications made by the Client to any of the Consultant's documents, or any use, partial use or reuse of the documents
without written authorization or adaptatiou by the Consnltant will be at the Client's sole risk and without liability tu the
Consnltant, and the Client shall indemnify, defeud and hold the Consultant hannless from all claims, damages, losses and
expenses, including but not limited to attorneys' fees, resulting therefrom. Any authorization or adaptation will entitle the
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containmg an electronic seal are provided Duly tor the COnVC111t:UCC of the LHcm, and use 01 thcIllIS at the Chent S SOle nsk.
lu the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents
prepared by the Consultant, the hardcopy shall govern. Only printed copies of documents conveyed by the Cousultant may
be relied upon. Because data stored in electronic media format can deteriorate or be modified without the Consultant's
authorization, the Client has 60 days to perform acceptance tests, after which it shall be deemed to have accepted the data.
(6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services
furnished by others, methods of determining prices, or competitive bidding or market couditions, any opinions rendered as
to costs, including but not limited to opinions as to the costs of construction and materials, shall be made ou the basis of its
experience and represent its judgment as au experienced and qualified professional, familiar with the industry. The
Consultant cannot and does not guarantee that proposals, bids or actoal costs will not vary from its opinions of cost. If the
Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's
services required to bring costs within any limitation established by the Client will be paid for as Additional Services.
(7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon
seven days' written notice in the event of substantial failure by the other party to perform in accordance with the tenns
hereof through no fault of the terminating party, or upon thirty days' writteu notice for the couvenience of the terminating
party. If any material change occurs in the ownership of the Client, the Consultant shall have the right to inunediately
terminate this Agreemeut. In the event of any termination, the Consultant shall be paid for all services rendered and
expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result
of such termination. If the Consultant's compensation is a fixed fee, the amount payable for services will be a proportional
amount of the total fee based on the ratio of the amount of the services performed, as reasouably determined by the
Consultant, to the total amount of services which were to have been performed.
(8) Insurance. The Consultant carries Workers' Compensation insurance, professional liability insurance, and general
liability insurance. If the Client directs the Cousultant to obtain increased insurance coverage, the Consultant will take out
such additional insurance, if obtainable, at the Client's expense.
(9) Standard of Care. In perfonning its professional services, the Consultant will use that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time
the services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein or
its performauce of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client.
(10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to both the Client and
the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent of the law, and
notwithstanding any other provisious of this Agreement or the existence of applicable insurance coverage, that the total
liability, iu the aggregate, of the Consultant and the Consnltant's officers, directors, employees, agents, and subcousultants
to the Client or to anyone claimiug by, through or under the Client, for any and all claims, losses, costs or damages
whatsoever arising out of, resnlting from or in any way related to the services under this Agreement from any cause or
causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or
any warranty, express or implied, of the Consnltant or the Consultaut's officers, directors, employees, agents, and
subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000,
whichever is greater. Higher limits of liability may be negotiated for additional fee. Under no circumstances shall the
Consultant be liable for lost profits or consequeutial damages, for extra costs or other cousequences due to changed
conditions, or for costs related to the failure of contractors to perform work in accordance with the plans and specifications.
This Section 10 is intended solely to limit the remedies available to the Client, and nothing in this Section 10 shall require
the Client to indemnify the Consultant.
(II) Certifications. The Consnltant shall not be required to execute any certifications or other documents that might, in
the judgment of the Consultant, increase the Consultant's risk or affect the availability, applicability, or cost of its
insurance.
(12) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to
mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association as a
condition precedent to litigation. Any mediation or civil action by Client must be conuneuced within one year of the
accrual of the cause of action asserted but in no event later than allowed by applicable statotes.
(13) Hazardous Substances and Conditions.
(a) Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are
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tlall~VUllCI, llanui."':l, anallgo, COI1U-actof, 01 rClHt:(Uaior \\illn re.spect to hazardous substances and conditions. Consultant's
services will be limited to professional analysis, recommeudations, and reporting, including, when agreed to, plans and
specifications for isolation, removal, or remediation.
(h) The Consnltant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services
of which the Consultant actoally becomes aware. Upon such notice by the Consultant, the Consultant may stop affected
portions of its services until the hazardous substance or condition is eliminated. The parties shall decide if Consultant is to
proceed with its services and if Consultant is to couduct testing and evaluations, and the parties may enter into further
agreements as to the additional scope, fee, and terms for such services.
(c) Except to the extent of negligence, if any, on the part of the Consultant in performing services expressly undertaken in
connection with hazardous substances and conditions, the Client agrees to hold harmless, indemnify, and defend the
Consultant from and against any and all claims, losses, damages, liability, and costs in any way arising out or connected
with the presence, discharge, release, or escape of hazardous substances or conditions of any kind, or environmental
liability of any nature, in any manner related to services of the Consultant.
(14) Construction Phase Services.
(a) If the Consultant's services include the preparation of documents to be used for construction and tbe Consultant is not
retained to make periodic site visits, the Clieut assumes all responsibility for interpretation of the documents and for
construction observation, and the Client waives any claims against the Consultant in any way connected thereto.
(b) If the Cousultant provides construction phase services, the Cousultant shall have uo respousibility for any contractor's
means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor
shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Cousultant's visits
will be for the purpose of endeavoring to provide the Clieut a greater degree of confidence that the completed work of its
contractors will generally conform to the construction documents prepared by the Consultant. Consultaut neither
guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in
accordance with the contract documents.
(c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are
not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the
coutractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify
the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the
Consultant shall be made additional insureds under the contractor's general liability insurance policy.
(15) No Third-Party Beneficiaries; Assignment and Subcontractiug. This Agreement gives no rights or benefits to
anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole benefit of the Client and the Consultant. The Client shall uot assign or transfer any rights under or
interest in this Agreement, or any claim arising out of the performance of services by Consnltant, without the written
consent of the Consultaut. The Consnltant reserves the right to augment its staff with subconsultants as it deems
appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant
will maintain the agreed-upon billing rates for services ideutified in the contract, regardless of whether the services are
provided by in-house employees, contract employees, or independent subconsultants.
(16) Confidentiality. The Client consents to the use aud dissemination by the Consultant of photographs of the project
and to the use by the Cousultant of facts, data and information obtained by the Consultaut in the performance of its
services. If, however, any facts, data or information are specifically identified in writiug by the Client as confidential, the
Consultant shall use reasonable care to maiutain the confidentiality of that material.
(17) Miscellaueous Provisions. This Agreement is to be govemed by the law of the State of Florida. This Agreement
contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous
negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section I, this
Agreement can be supplemented or amended only by a written document executed by both parties. Provided, however, that
any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly
rejected by the Consnltanl. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such
unenforceability without invalidating the remaining provisions. The uon-enforcement of auy provision by either party shall
not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
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