R16-0811
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RESOLUTION NO. R16 -081
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE AWARD OF A TASK ORDER TO
KIMLEY -HORN AND ASSOCIATES, INC., FOR FINAL DESIGN,
PERMITTING, BIDDING AND CONSTRUCTION PHASE
SERVICES FOR NW 11 AVENUE (MODEL BLOCK) WITH A
NOT -TO- EXCEED FEE OF $79,368.00; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Kimley -Horn and Associates, Inc., (Kimley -Horn), a company which
falls under the General Consulting Services Agreement dated July 1, 2014 (RFQ 017 -2821-
14 /DJL), was previously selected by Neighborhood Renaissance, Inc, and the Boynton Beach
Community Redevelopment Agency (CRA) to develop plans for the Model Block project on
NW 11 Avenue; and
WHEREAS, Kimley -Horn was awarded a Professional Services Agreement to
provide conceptual design, survey and preparation of construction documents for NW 11
Avenue, along with a Professional Services Agreement to provide the CRA a lighting analysis
and plans for NW 10 Avenue and NW 11 Avenue; and
WHEREAS, under this proposed Task Order, Kimley -Horn will complete the final
design of the drainage system and water main, obtain the required permits for the project,
assist the City with bidding and provide construction phase services for NW 1 Ith Avenue; and
WHEREAS, staff is recommending that the City Commission approve the award of a
Task Order to Kimley -Horn and Associates, Inc., for final design, permitting, bidding and
construction phase services for NW 11 Avenue (Model Block) in an amount not to exceed
$79,368.00.
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 hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
I hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby approve the award and authorize the City Manager to sign a Task Order to Kimley-
Horn and Associates, Inc., for final design, permitting, bidding and construction phase
services for NW 11 Avenue (Model Block) in an amount not to exceed $79,368.00, a copy of
which is attached hereto as Exhibit "A ".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 5 day of July, 2016.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant dl�
Vice Mayor — Mack McCray
Commissioner — Justin Katz
Commissioner — Christina L. Romelus cr
Commissioner — Joe Casello
VOTE
ATTEST:
Judi A. Pyle, CMC A
Interim. City Clerk
(Corporate Seal)
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April 22, 2016
Christopher Roschek, P.E.
City of Boynton Beach — Utilities Department
100 E Boynton Beach Boulevard
PO Box 310
Boynton Beach, FL 33425
Re: Professional Services Agreement
Dear Chris:
Kimley -Horn and Associates, Inc. ( "Kimley- Horn ") is pleased to submit this agreement (the
"Agreement ") to the City of Boynton Beach ( "the Client" or "City ") to provide professional consulting
services for the above - referenced project. We will provide these services under our contract for the
General Consulting Services Agreement (RFQ 017 - 2821- 14 /DJL) dated July 1, 2014. Pursuant to our
discussions, below is our scope of services and associated fees for providing final design, permitting,
bid phase, and construction phase services for NW 19th Avenue Reconstruction.
Scope of Services
Kimley -Horn will provide the services specifically set forth below.
Task 1 — Final Design
Kimley -Horn will design a drainage system for the project. Our understanding is that there is no positive
legal outfall for the site, so an exfiltration trench system will be designed. Kimley -Horn will employ a
Geotechnical Engineer to perform a field permeability test to facilitate the design of the trench. Due to
the City's desire to plant trees in the swale, the trench will likely be located beneath the pavement area
of the roadway.
Kimley -Horn will finalize the water main schematic design provided the City. Removal of the existing
main will be specified. The proposed main will tie into existing water mains on NW 1st Street and
Seacrest Boulevard. Plan and detail sheets will be provided, incorporating City standard details
whenever possible. It is our understanding that the City will be responsible for and internally coordinate
the connection to /replacement of the existing sanitary sewer laterals and that the existing sanitary
sewer main will remain.
Any landscape and irrigation revisions that are required due to the addition of the drainage system and
the water main will be completed. The drainage system and water main will be added to the Opinion
of Probable Construction Cost.
Kimley -Horn will prepare Technical Specifications to accompany the Construction Plans as well as
"front -end" bid documents.
Kih >.*> Horn
Page 2
Task 2 — Permitting
Kimley -Horn will submit permit applications with supporting documentation to and /or coordinate
improvements with the following jurisdictional regulatory agencies. Kimley -Horn will address up to
two (2) rounds of reasonable review comments for the agency submittals identified below:
® South Florida Water Management District —10 -2 General Permit for Stormwater System in
Uplands for the drainage system
o Florida Department of Health Notice of Intent to Use the General Permit for Construction of
Water Main Extensions for PWSs for the water main
a Palm Beach County — Right of Way Permit for work within County right -of -way
* City of Boynton Beach — Up to one (1) e -mail containing the Construction Documents for
preliminary review of work within City right -of -way
o The School District of Palm Beach County — Up to one (1) e -mail to coordinate work on
school property
All permit application and related fees shall be paid for directly by the City.
Task 3 — Bid Phase Services
Kimley -Horn will perform the following services during the Bid Phase of the project:
• Attend the Pre -Bid Meeting
• Answer bidder questions, if required
• Review the apparent low bidder's proposal and provide the City with a summary
memorandum that identifies the lowest responsive, responsible bidder
• Provide conformed documents
It is understood that the City will prepare and distribute all addenda and administer the contractor
procurement process.
Task 4 — Construction Phase Services
Consultant will provide professional construction phase services as specifically stated below:
Pre - Construction Conference. Consultant will attend a Pre - Construction Conference prior to
commencement of Work at the Site.
Progress Meetings. Consultant will attend up to twelve (12) project progress meetings during the
course of the construction duration.
Visits to Si and Observation of Construction. Consultant will provide on -site construction
observation services during the construction phase. Consultant will visit the site up to 24 times in
order to observe the progress of the Work. Such visits and observations by Consultant are not
intended to be exhaustive or to extend to every aspect of Contractor's work in progress.
Observations are to be limited to spot checking, selective measurement, and similar methods of
general observation of the Work based on Consultant's exercise of professional judgment. Based on
information obtained during such visits and such observations, Consultant will evaluate whether
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Contractor's work is generally proceeding in accordance with the Contract Documents, and
Consultant will keep Client informed of the general progress of the Work.
The purpose of Consultant's site visits will be to enable Consultant to better carry out the duties and
responsibilities specifically assigned in this Agreement to Consultant, and to provide Client a greater
degree of confidence that the completed Work will conform in general to the Contract Documents.
Consultant shall not, during such visits or as a result of such observations of Contractor's work in
progress, supervise, direct, or have control over Contractor's work, nor shall KHA have authority over
or responsibility for the means, methods, techniques, equipment choice and usage, sequences,
schedules, or procedures of construction selected by Contractor, for safety precautions and programs
incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations
applicable to Contractor's furnishing and performing the Work. Accordingly, Consultant neither
guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure
to furnish and perform its work in accordance with the Contract Documents.
Recommendations with Respect to Defective Worir. Consultant will recommend to Client that
Contractor's work be disapproved and rejected while it is in progress if, on the basis of such
observations, Consultant believes that such work will not produce a completed Project that conforms
generally to Contract Documents.
Clarifications and Interpretations. Consultant will respond to reasonable and appropriate
Contractor requests for information and issue necessary clarifications and interpretations of the
Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any
orders authorizing variations from the Contract Documents will be made by Client.
Change Orders. Consultant may recommend Change Orders to Client, and will review and make
recommendations related to Change Orders submitted or proposed by the Contractor.
Shop Drawings and Samples. Consultant will review and approve or take other appropriate action
in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but
only for conformance with the information given in the Contract Documents. Such review and
approvals or other action will not extend to means, methods, techniques, equipment choice and
usage, sequences, schedules, or procedures of construction or to related safety precautions and
programs.
Substitutes and "or-equal. " Evaluate and determine the acceptability of substitute or "or- equal"
materials and equipment proposed by Contractor in accordance with the Contract Documents, but
subject to the provisions of applicable standards of state or local government entities.
Inspections and Tests. Consultant may require special inspections or tests of Contractor's work as
Consultant deems appropriate, and may receive and review certificates of inspections within
Consultant's area of responsibility or of tests and approvals required by laws and regulations or the
Contract Documents. Consultant's review of such certificates will be for the purpose of determining
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that the results certified indicate compliance with the Contract Documents and will not constitute an
independent evaluation that the content or procedures of such inspections, tests, or approvals comply
with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of
such tests and the facts being certified.
Applications for Payment. Consultant will review up to six payment applications during the course
of the project. Based on its observations and on review of applications for payment and
accompanying supporting documentation, Consultant will determine the amounts that Consultant
recommends Contractor be paid. Such recommendations of payment will be in writing and will
constitute Consultant's representation to Client, based on such observations and review, that, to the
best of Consultant's knowledge, information and belief, Contractor's work has progressed to the point
indicated and that such work -in- progress is generally in accordance with the Contract Documents
subject to any qualifications stated in the recommendation. In the case of unit price work,
Consultant's recommendations of payment will include determinations of quantities and classifications
of Contractor's work, based on observations and measurements of quantities provided with pay
requests.
By recommending any payment, Consultant shall not thereby be deemed to have represented that its
observations to check Contractor's work have been exhaustive, extended to every aspect of
Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities
specifically assigned to Consultant in this Agreement. It will also not impose responsibility on
Consultant to make any examination to ascertain how or for what purposes Contractor has used the
moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in
progress, materials, or equipment has passed to Client free and clear of any liens, claims, security
interests, or encumbrances, nor that there may not be other matters at issue between Client and
Contractor that might affect the amount that should be paid.
Substantial Completion. Consultant will, promptly after notice from Contractor that it considers the
entire Work ready for its intended use, in company with Client and Contractor, conduct a site visit to
determine if the Work is substantially complete. Work will be considered substantially complete
following satisfactory completion of all items with the exception of those identified on a final punch list.
If after considering any objections of Client, Consultant considers the Work substantially complete,
Consultant will notify Client and Contractor.
Final Notice of Acceptability of the Work. Consultant will conduct a final site visit to determine if
the completed Work of Contractor is generally in accordance with the Contract Documents and the
final punch list so that Consultant may recommend, in writing, final payment to Contractor.
Accompanying the recommendation for final payment, Consultant shall also provide a notice that the
Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge,
information, and belief based on the extent of its services and based upon information provided to
Consultant upon which it is entitled to rely.
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Limitation or Responsibilities. Consultant shall not be responsible for the acts or omissions of any
Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing
or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of
any Contractor.
Services Not Included
Any other services, including but not limited to the following, are not included in this Agreement:
e Sanitary sewer design and permitting
Easement acquisition
c Right -of -way acquisition
Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and
performed at our then - current hourly rates.
Information Provided By Client
We shall be entitled to rely on the completeness and accuracy of all information provided by the Client
or the Client's consultants or representatives. The Client shall provide all information requested by
Kimley -Horn during the project, including but not limited to the following:
• CAD files for water main schematic design
• Existing utility information
• Record drawings
• A sample of City "front -end" bid documents in Microsoft Word format
Responsibilities of Client
In addition to other responsibilities set out in this Agreement, the Client shall:
• Administer the public bidding process
• Sign permit applications
• Pay permit fees
• Provide access to the site
Schedule
We will provide our services as expeditiously as practicable with the goal of meeting a mutually- agreed
upon schedule.
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Fee and Expenses
Page 6
Kimley -Horn will perform the services in Tasks 1 — 3 for the total lump sum fee below. Individual task
amounts are informational only. All permitting, application, and similar project fees will be paid directly
by the Client. This Scope of Services assumes all Tasks will be authorized concurrently.
Task 1 Final Design
Task 2 Permitting
Task 3 Bid Phase Services
Total Lump Sum Fee
$18,478
$7,645
$3,585
$29,708
Lump sum fees will be invoiced monthly based upon the overall percentage of services performed.
Kimley -Horn will perform the services in Task 4 on a labor fee plus expense basis with the maximum
labor fee of $49,660.
Closure
If you concur in the foregoing and wish to direct us to proceed with the aforementioned services,
please have authorized persons execute this Agreement in the spaces provided below, retain one
copy and return the other to us. All provisions are in accordance with the terms and conditions of the
General Consulting Services Agreement (RFQ 017 - 2821- 14 /DJL) dated July 1, 2014 and shall govern
this agreement as applicable. Fees and times stated in this agreement are valid for sixty (60) days
after the date of this letter.
We appreciate the opportunity to provide these services to you. Please contact me if you have any
questions.
Very truly yours,
KIMLEY -HORN AND ASSOCIATES, INC.
By: Kevin Skhanen, P.E.
Vice President
Bret nson, P. E.
Project Manager
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CITY OF BOYNTON BEACH
A Municipality
-2
(Date)
(Print or Type Name)
Title:
(Email Address)
(Print or Type Name)
Witness
Official Seal:
Page 7
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ES'rIMATE FOR ENGINEERING SERVICES
PROJECT:
NW I Ith Ave- Final Design Pennittin , Bid Phase Services, Construction Phase Services
CLIENT: _ City
ofBoynton Beach
ESTIMATOR:
BAJ 04/22/16
DESCRIPTION:
See Seopeofs -ices
DIRECT LABOR MAN -HOURS
Principal
Sr. Prof L.A.
Sr. Prof. Eng
LA. Prof.
Eng. ProE
Sr. Supp. Staff
Sr. Field Rep.
SUB
EXP
LINE
TOTAL
Task 1 - Final Design
Drainage design
1.0
12.0
16.0
$750.00
$4,693
Finish water main design started by CBB
2.0
20.0
40.0
$7
Landscape revisions
1.0
4.0
$590
Irrigation revisions
1.0
4.0
$590
Update OPC
0.5
4.0
4.0
$1.175
Technical specifications
Bid documents
2.0
1.0
2.0
2.0
$1 sso
$1
Task 2 - Permittin
FDEP 10-2 General Permit
0.5
M0.52.0
1.0
$545
FDOH general permit
Lo
1.0
1.0
$1350
PBC Right-of-Way Permit
CBB coordination
1.0
1.0
1.0
$1650
$375
School coordination
0.5
z.o
$375
Plan revisions
2.0
1.0
s.o
4.0
8.0
2.0
$3
Task 3 - Bid Phase Services
Attend Pre -Bid Meeting
2.0
3.0
$7so
Respond to RFI's
0.5
2.0
4.0
1.0
1.0
$1,215
Review low bid, provide memo
0.5
0.5
4.0
1.0
$880
Conformed documents
2.0
4.0
$740
Task 4 - Construction Phase Services
Pre - Construction Meeting
2.0
6.0
1.o
z.o
$1530
Progress meetin s u to 12
24.0
48.0
6.0
24.0
$14340
Construction observation (approximately 24 visits
12.0
24.0
12.0
72.0
$15
Clarifications
Chang orders
1.0
1.0
1.0
1.0
4.0
4.0
8.0
$1,900
$1,020
Submittal review
1.0
4.0
24.0
4.0
10.0
$6
Payment applications (up to 6
1.0
1.0
12.01
3.0
6.0
$3
Recommendations for defective work
1.0
1.0
4.0
4.0
$1 460
Substantial completion
Final acceptance
Record Drawing Review
2.0
2.0
6.0
6.0
6.0
1.0
1.01
1.0
2.0
2.0
4.01
$1530
$1,530
$1490
TOTAL HOURS
17.0
585
237.0
0.0
12.0
88.0
39.0
122.0
0.0
$750.00
$0.00
$79,368
LABOR $/HOUR
$270.00
$150.00
$150.00
$0.00
$110.00
$110.00
$70.00
$130.00
$0.00
1.150
1.0
TOTALS
$4490.00
58,775.00
$35,550.00
so 00
$1,320.00
$9,680.00
$2,730.00
$15,860.00
$0.00
$86250
$0.00
$79,368
K:\WPB_URG\144922001 - NW 11th Ave\ADMIN\ Contracts\ AmendmentConceptuaIO4 Wrchive12016_0422_Estimate.xlsx 4/22/2016