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R00-105RESOLUTION NO. R00-/~.~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING A CONSULTANT AGREEMENT BETWEEN THE CiTY OF BOYNTON BEACH AND KIMLEY-HORN AND ASSOCIATES, INC,, FOR THE INDUSTRIAL AVENUE CORRIDOR STORMWATER IMPROVEMENTS PROJECT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to enter into a Consultant Agreement between the City of Boynton Beach and Kimley-Horn and Associates in the amount of $390,390.00, for design, permitting, bidding services, and construction management for Industrial Avenue stormwater improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CTTY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The City Commission of the City of Boynton Beach, Florida does hereby authorize and approve a Consultant Agreement between the City of Boynton Beach and Kimley-Horn and Associates in the amount of $390,390.00, for design, permitting, bidding services, and construction management for Industrial Avenue stormwater improvements which Agreement is attached hereto as Exhibit "A". Section 2. said Agreement. Section 3. The Mayor and City Clerk are authorized and directed to execute This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /~ day of 3uly, 2000. C&mr~ssioner Commissioner Cit~Clerk - - CONSULTANT AGREEMENT FORM INDUSTRIAL AVENUE CORRIDOR STORMWATER IMPROVEMENTS PROJECT THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Kimley-Horn And Associates, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The Consultant is retained by the City to perform services in connection with the project designated INDUSTRIAL AVENUE CORRIDOR STORMWATER IMPROVEMENTS PROJECT. o 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. Consultant shall perform all servicesand provide all work product required pursuant to this agreement by 11 months from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $390,390.00 without express written modification of the agreement signed 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. \xlCARTMA~VOL BPROJECT~CML~SPRUCE~Boynton\CONTRACT.DOC - 1- do 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 three (3) years after final payments. Copies shall be made available upon request. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and 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 service 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 offices, 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 $1,000,000.00 per occurrence and $1,000,000.00 aggregate for personal injury; and $1,000,000.00 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000.00. 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. \~xARTMAN~VOL I XPROJECT~CML~SPRUCE~Boynton\CONTRACT.DOC -2- INDEPENDENT CONTRACTOR. 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 not 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. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the 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. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-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. TERMINATION. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. 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 · \XKARTMANWOL 1 ~PROJECTxCIVIL\SPRUCL%Boynton\CONTRACT.DOC -3- 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 Florida. Further, this agreement shall be construed under Florida Law. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Procurement Services Notices to Consultant shall be sent to the following address: Kimley-Horn and Associates, Inc. 4431 Embarcadero Drive West Palm Beach, FL $$407 Attn: Michael D. Spruce, P.E. Copy to: Charles L. Geer, P.E. ' \LKARTMAI~VOL 1 ~PROJECT~CIVIL\SPRUCEkBoynton\CONTRACT.DOC -4- INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and imegrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this c:,~'~ day of ~.q' 2000. 1Vfayor ' - -~ Charles L. Geer, ;.E. ~\\\\~ ~ 1 I1 Il I/i/1/&/ A~esffAuthenticmed: ~ ~ /o~ ~ X ~ ~nior Vice President ~O~O ~ = . = :z : = Title ~ ...... ~¢ ,,q (Co.orate Seal) Approved as to Fo~: A~esffAuthenticate~ cie Rev. 1/22/91 \XKARTMANXVOL 1 XPROJECTXCIVIL~SPRUCE~Boynton\CONTRACT.DOC -5- Kimley-Horn and Associates, Inc, EXHIBIT A SCOPE OF SERVICES Task 1 - Data Collection The data collection task will include acquisition of available information, as well as survey and geotechnical investigations. The research of available information will involve locating and reproducing pertinent City of Boynton Beach files as well as permit information on file at the applicable permitting agencies. Acquisition of Available Information Kimley-Hom proposes to contact the appropriate agencies or deparhnents in order to acquire the following information from their respective files: · Applicable utility easement information from the City in the Industrial Avenue and Lake Boynton Estates areas. · As-built surveys of existing utilities along Industrial Avenue, West Industrial Avenue and in the Lake Boynton Estates area, as well as as-builts of existing drainage structures and the retention pond at the Anderson Stor-All site. · Existing easement agreement for discharge into Florida Deparhnent of Transportation (FDOT) drainage ditch. · Coordination with Bell South, Florida Power and Light, City of Boynton Beach, and other owners of underground utilities to arrange field demarcation of existing underground utilities. · The 1992 Stormwater Master Plan prepared for City of Boynton Beach by Camp Dresser and McKee. · An electronic copy of the 1999 survey of the Industrial Avenue and Southwest 6th Avenue areas prepared by Brown and Phillips, Inc. · Previous drainage calculations prepared for the Anderson Stor-All site from the City. Q:\SPRUCL%Boynton~ExhibitA.doc - 1 - Kimley-Horn and Associates, Inc. Other available drainage calculations in the Industrial Avenue and Lake Boynton Estates area. · City permits for road construction, retention pond excavation, and canal clearing in the area. · Existing surface water management permits for other developments in the area and outfalls into the E-4 Canal from South Florida Water Management District (SFWMD) and Lake Worth Drainage District (LWDD). · Existing drainage connection permits to the FDOT drainage ditch. · Existing water and sewer permits from the Palm Beach County Health Department. All of the listed items refer to existing resources we intend to acquire and review. In addition, we will be reviewing the stormwater model created by Kimley-Horn for the 1-95 drainage into the FDOT drainage ditch. Geotechnical Engineering Dunkleberger Engineering and Testing, Inc. will provide the geoteclmical engineering services on this project as a subeonsultant to Kimley-Horn. The following represents our proposed scope of services for geoteclmical engineering during the design phase only. Construction phase services are addressed separately. Subsurface conditions along the proposed drainage improvement corridor will be characterized through review Of existing data, field exploration and testing, laboratory examination of soils, and engineering evaluation. Research of Existing Data Soil, groundwater and physical data that exist in the form of available publications and files will be researched to provide background data. Sources for the data include US Geological Survey Quadrangle maps, Soil Conservation Service maps, and Q:\SPRUCEXBoynton~ExhibitA.doe -2- Kimley-Horn and Associates, Inc. SFWMD stormwater permit files for surrounding projects (e.g. Anderson Stor-All, the Vinings, the EXPO Center, and the Home Depot). Field Explorations and Testing Generally, the study will involve drilling and sampling moderate-depth (15 feet) Standard Penetration Test (SPT) borings for the storm drainage structure considerations, and shallow depth (10 feet) auger borings along the pipeline, roadway and existing and proposed retention pond areas. Eight of the auger borings will be utilized for measurement of soil permeability (hydraulic conductivity), per SFWMD methodology, for exfiltration trench and dry retention pond design parameters. The field work also will include two double ring infiltrometer tests for evaluation of the vertical percolation characteristics of the subsoils. The gathered field and laboratory data will be used as the basis for design and construction recommendations for foundations, floor slabs, parking lots, drainage, earthwork and other geotechnical aspects of the site's development. Laboratory Examination Soil, samples collected from the borings will be taken to our geotechnical engineering subconsultant's laboratory and examined by a geotechnical engineer in order to assign them classifications per the Unified Soil Classification System (ASTM D 2487). Engineering Evaluation and Report Data from the research, field and laboratory work will be reviewed and evaluated in terms of the project requirements. A report transmitting the factual data, along with recommendations for geotechnical related matters will be submitted to Kimley-Horn following the review and evaluation process. Q:\SPRUCE~BoyntonkExhibitA. doc -3- Kimley-Horn and Associates, Inc. The report will contain the following information: · A description of the surface and subsurface conditions of the drainage corridor · Logs of the borings and a site plan showing their locations. · Depth/elevation of groundwater and seasonal fluctuations that may be expected. · Anticipation of soils to be found in excavations. · Recommendations for excavation sideslopes. · Foundation design criteria for stormwater control structures. · Bedding and backfill requirements for pipelines. · Pavement section recommendations. · K-values for exfiltration trench design, and permeability rates for retention pond design. · Site grading requirements for retention ponds and reshaped swales/ditches. The report will be prepared and sealed by a State of Florida registered engineer. Four (4) original signed and sealed copies of the final geotechnical report will be provided to Kimley-Horn. We will provide the City with a copy of the report for your records. Survey Heller, Weaver, and Sheremeta will provide supplemental survey services for this project as a subconsultant to Kimley-Horn. The existing survey of the drainage area, prepared by Brown and Phillips in 1999, provides substantial data that is usable for design. However, we propose to supplement that data with additional field information prior to detailed design. The following represents our proposed scope of services for supplemental survey during the design phase only. The survey scope is subdivided into specific areas for your reference. Construction phase services are addressed separately. Q:\SPRUCE~Boynton~ExhibitA. doc -4- Kimley-Horn and Associates, Inc. Industrial Avenue The following supplemental survey will be performed along the Industrial Avenue corridor: Set survey baseline along Industrial Avenue to which all field measurements will be referenced. · Establish horizontal and vertical control with benchmarks located approximately every 600'. · Verify rim elevations on existing storm and sanitary structures. · Determine storm pipe inverts, diameters, materials. · Determine sanitary sewer inverts, diameter, and materials. · Verify utility as-built information provided by the City (water and sewer). · Survey'location of water lines (requires City demarcation). Existing Anderson Stor,All Retention Area The following survey is proposed for the existing retention area: · As-built survey of edge of pavement adjacent to retention area. · Define top of bank and toe of slope for entire perimeter · Topographic data on a 50' grid · Topographic data between edge of pavement and retention area West Industrial Avenue Because the City desires to construct sOme drainage improvements along West Industrial Avenue, additional survey will be performed between the proposed road crossing of the Comcast property and the existing access road to Industrial Avenue near Boynton Beach Boulevard. Q:\SPRUCE~BoyntonXExhibitA.doc -5- Kimley-Horn and Associates, Inc, This survey will include: Set survey baseline along West Industrial Avenue to which all field measurements will be referenced. · Establish horizontal and vertical control with benchmarks located approximately every 600' · Cross-sections of roadway from east right-of-way line to west right-of-way line spaced at 100'. · Define driveways. · Locate aboveground utilities. · Cross-sections through south end of Comcast property spaced at 100'. Assume 100' wide easement. Boynton Beach Boulevard Bridge Because we intend to construct a storm pipe under the bridge to connect the existing retention pond to the proposed Lake Boynton Estates drainage system, the following survey is proposed at the bridge: · Locate railroad tracks and west right-of-way line. · Locate bridge abutment and piers west of railroad. · Define clearance between bridge and natural ground from piers to abutment. Lake Bovnton Estates The Request for Qualifications (RFQ #034-2821-00/CJD) included the local roads of Lake Boynton Estates in the project. We understand that this project is to include drainage from Southwest 1st Avenue, West Ocean Drive, Southwest 1st Court, West Ocean Avenue, and Northwest 1 st Avenue toward Southwest 6th Street. The western boundary of the drainage area is Southwest 7th Street. We understand that stormwater improvements to Southwest 2nd, 3rd, and 4th Avenues will be designed Q:\SPRUCEXBoynton~ExhibitA.doe -6- Kimley-Horn and Associates, Inc. under a separate contract. Road cross-sections, aboveground utilities, and other aboveground features within the Southwest 6th Street right-of-way were surveyed by others, and a hard copy of the survey has been provided to Kimley-Horn. In order to define the included drainage areas within Lake Boynton Estates, we propose the following supplemental survey: · Survey the easement through the residential properties at the north end of Southwest 6th Street (easement information to be provided by City). · Set survey baselines to which all field measurements will be referenced. · Establish horizontal and vertical control with benchmarks. · Verify rim elevations on storm and sanitary structures along Southwest 6th Street. · Determine storm and sanitary sewer inverts, diameter, and materials. · Verify utility as-built information provided by City of Boynton Beach (water and sewer). · Survey location of water lines (requires City demarcation) · Determine storm pipe inverts, diameters, and materials that currently drain into the vacant lot east of Southwest 6th Street (proposed retention pond site) from Southwest 2nd, 3rd, and 4th Avenues. · Cross-sections of local roads spaced at 100'. Cross-section to include crown of road, edge of pavement, grade breaks, and aboveground features within the right- of-way. · Finished floor elevations for residences and businesses adjacent to Southwest 6th Street. Note: During design, Kimley-Horn will coordinate with underground utility companies to locate utilities by potholing. These pothole locations will be surveyed to determine the burial depth. Q:\SPRUCE-SBoyntonkExhibitA. do¢ -7- Kimley-Horn and Associates, Inc. Task 2 - Construction Plans The detailed design of improvements will include roadway, stormwater, utility, and landscape improvements as defined in the RFQ. We will evaluate the concept of. designing one-lane traffic on Industrial Avenue to facilitate on-street parking and improved drainage. The roadway design will consider all applicable City codes and ADA requirements, while respecting any easement agreements. We will design additional improvements along West Industrial Avenue to bring it into compliance with applicable codes, similar to Industrial Avenue. The design also will include a permanent connecting road through the Comcast property with sufficient turning radii for trucks and emergency vehicles. Stormwater improvements will be designed to meet SFWMD and LWDD requirements for water quality and quantity. Utility improvements or relocations will be designed to satisfy the requirements of the City and the Palm Beach County Health Department. The following is a proposed list of drawings to be included in the construction plans: a. Key Sheet (1) b. Summary of Quantities (1) c. General Notes (1) d. Project Layout (2) e. Utilities - Plan and Profile for Industrial Avenue (3) f. Utilities - Plan and Profile South of Boynton Beach Blvd. (3) g. Utilities - Details and Notes (4) h. Roadway & Drainage - Typical Sections (1) i. Roadway & Drainage - General Notes and Tabulations of Quantities (1) j. Roadway & Drainage - Back of Sidewalk Profiles (2) k. Roadway & Drainage - Plan and Profiles (6) 1. Roadway & Drainage - Cross Sections (7) m. Roadway & Drainage - Summary of Drainage Structures (2) Q:\SPRUCE~Boynton~ExhibitA.do¢ -8- Kimley-Horn and Associates, Inc. n. Roadway & Drainage - Pond Details (3) o. Roadway & Drainage - Residential Area Drainage Plans (8) p. Roadway & Drainage - Drainage Details - Ditch Cross-Sections (2) q. Roadway & Drainage - Drainage Details - Control Stmctures/Exfiltration Trenches/Headwalls (3) r. Roadway & Drainage-- Surface Water Pollution Prevention Plan (1) s. Roadway & Drainage - Pump Station (3) t. Traffic Control Plans - Notes & Sections (1) u. Traffic Control Plans - Phasing (3) v. Signing & Marking Plans (6) w. Master Plan Development (6) In response to concerns voiced by businesses located immediately across from the existing retention area, we will design a temporary drainage connection to restore natural flow away from these properties and into the retention pond. We also understand that the County has a paving contractor that could do the paving of the proposed connecting road between Industrial Avenue and West Industrial Avenue under their existing contract. We will coordinate with the City to expedite design of the connecting road to provide continued access during construction. Pump station design and hydraulic analysis in support of this design will be performed only if it is determined to be necessary to provide the desired level of flood control. The proposed budgets for Tasks 2 and 3 can be adjusted if the pump stations are not required. We will submit plans at 30%, 60% and 90% design for review by City staff, complete with preliminary estimates of probable construction cost. We anticipate that the City will receive comments from the public after preliminary design. We also expect to receive comments from permitting agei~cies after submitting permit applications. We will meet with City staff to review our plans and discuss all Q :XSPRUCEXBoyntonkExhibitA.doc -9- Kimley-Horn and Associates, Inc. received review comments. We then will incorporate the agreed upon changes into future submittals. We will submit complete signed and sealed plans with final cost estimate when all comments have been addressed. Task 3 - Drainage Design and Permitting Using the information gathered during Task 1, we will evaluate alternative stormwater improvements along Industrial Avenue to provide flood protection up to the 100-year, 3-day storm as defined by SFWMD. We will utilize Interconnected Channel and Pond Routing software, version 2.11, to model existing drainage patterns and to assist in designing improvements. We also will access the previously developed model ofi-95 drainage into the FDOT drainage ditch and add the proposed drainage from Industrial Avenue and Lake Boynton Estates. Alternative stormwater improvements within the Lake Boynton Estates area will be evaluated to provide similar flood protection. We will investigate the possibility of utilizing the large private ditches along West Industrial Avenue for storage and conveyance of runoff from West Industrial Avenue alone or both West Industrial Avenue and Industrial Avenue as an alternative to routing all stormwater south through Lake Boynton Estates. We also will evaluate the necessity of a pump station to direct water into the existing Anderson Stor-All retention pond. If it is feasible, we will recommend stormwater improvements that do not require pumping. We will evaluate the available storage within the existing retention pond to determine if it has sufficient capacity to store the required runoff from Industrial Avenue. This analysis will consider the combined storage within the existing and proposed retention areas. We intend to take advantage of the expected high hydraulic conductivity within the soils to percolate as much collected runoffas practical from the retention ponds. We also will incorporate exfiltration trenches or grass swales wherever possible. Q:\SPRUCE~BoyntonXExhibitA. doe - 10- Kimley-Horn and Associates, Inc. Task 3 also includes permitting the prOposed improvements with the appropriate agencies. We anticipate that the following permits will be required: SFWMD surface water management permit(s) for all stormwater improvements. LWDD permit to discharge into E-4 canal. · FDOT drainage connection permit. · City of Boynton Beach road rebuilding permit. · City of Boynton Beach excavation permit for retention pond construction and drainage ditch improvements. · Palm Beach County Health Department permits for water and sewer improvements or modifications. We will perform a limited environmental evaluation to determine whether the proposed improvements will adversely impact wetlands or endangered or protected specie~ of plants or wildlife as part of this task. The evaluation will be limited to that required to satisfy the permitting agencies that any impacts will be minimal. We will schedule pre-application meetings with each agency to walk them through the proposed improvements prior to submitting permit applications. We then will submit applications to each agency with the required plans. We anticipate that most permit applications can be filed after completion of preliminary design, because the general layout will be completed at this time. We have estimated one Request for Additional Information (RAI) from each agency. We also have estimated one additional meeting with each agency to discuss their comments. We will prepare a schedule of project milestones for the City such that staff will be able to track and report quantifiable progress during each month of design. The deliverables will include completed elements of the survey, the geotechnical report, a drainage evaluation, permit application submittals, and plan submittals to the City. We will devise a reporting procedure at the project kickoff meeting. Q:\SPRUCE~BoyntonXExhibitA. doc - 1 1 - Kimley-Horn and Associates, Inc. Task 4 - Bid Phase Services Under this task, we will prepare bid documents and advertise for construction bids. We anticipate that our effort under this task will include all of the following: · Prepare final project specifications. · Conduct a prebid meeting to discuss the plans and specifications with prospective bidders. · Respond to written inquiries from prospective bidders. · Issue bid addenda, if necessary. · Attend the bid opening. · Review the bids and recommend award of construction contracts. If pumping is required to provide flood protection, we will assist the City in advertising for bids from pump manufacturers using the pump specifications. This will allow early procurement of pumps and should expedite the construction of the pump station by allowing the contractor to have the equipment on-hand at the beginning of construction. Task 5 - Construction Phase Services We will be available to administer the construction contract after award. Our anticipated effort under this task includes all of the following: · Conduct a preconstmction meeting with the selected contractor. · Review from the contractor. Our lump sum task budget assumes 15 RFIs and 20 submittals over the duration of construction. · Administer construction contract. Q:\SPRUCE~Boynton~ExhibitA. doc - 12- Kimley-Horn and Associates, Inc. · Construction observation. We have included 20 hours per week for a Kimley- Horn project representative to observe construction and four hours per week of site visits for engineering staff. · Prepare reports of field observations. · Provide "Clerk-of-the-Works" services for the project, including maintaining all project records during construction, processing change orders if necessary, processing pay requests, and handling the remaining paperwork. · Coordinate with permitting agencies and other interested parties to certify completion of specific elements of the work. · Substantial completion review. · Substantial completion certification. · Review of record drawings from contractor. · Create "punch lists" of work items to be corrected before f'mal certification. · Issue final certification of completion. · Contract closeout. We will deliver a complete set of project records to the City after the contract is closed out. Task 6 - Project Coordination and Meetings Effective communication during design will be essential to facilitate a successful project that meets the objectives of the City and Kimley-Horn. We propose to maintain close contact with the City's project manager and other key staff to keep them informed of our progress and coordinate our efforts. Project coordination will include managing subconsultants, adjusting project staffing to achieve project milestones, as well as maintaining permitting, design, and accounting records during the design phase of the project. Q:\SPRUCE~Boynton~xhibitA.do¢ - 13- Kimley-Horn and Associates, Inc. We will prepare monthly progress reports detailing the achieved mileStones. We will also attend scheduled meetings to support staff in discussing the project with the City Commission and/or the public at large. The City has requested that we prepare a preliminary plan early in the project outlining our design concept. This plan is to be submitted to the Director of Public Affairs for presentation at a public involvement meeting. We will attend this meeting and be available to discuss the design. We also will attend up to six City Commission meeting during the project and will be available to support staff in addressing issues raised by the Commission or those in attendance. INFORMATION PROVIDED BY CLIENT We understand that the City will provide us with as-built information for the existing City-owned utilities within the project area, pertinent utility easement information, an electronic copy of the 1999 survey of the Industrial Avenue and Southwest 6th Avenue areas prepared by Brown and Phillips, Inc., existing drainage studies and/or calculations, and any City-issued permits within the project area. SCHEDULE We will provide the services as expeditiously as practical to meet a mutually agreed on schedule for each task. We anticipate completion of Tasks 1, 2, and 3 by December 31, 2000. We anticipate that Task 4 will be complete by February 15, 2001. We anticipate that Task 5 will be complete by June 1, 2001. These dates are contingent upon the date of receipt of Notice to Proceed. Task 6 includes meetings and project coordination that will go on through the end of construction. Q:\SPRUCE~Boynton~ExhibitA. doc - 14- Kimley-Horn and Associates, Inc. ADDITIONAL SERVICES The following services are not included in the scope of services, but can be provided as additional services if authorized by you: · Review of additional RFIs and submittals Responses to additional RAIs from permitting agencies · Geotechnical engineering during construction phase · As-built survey of completed construction · Traffic Engineering · Attendance of meetings in excess of the number specified in the scope of services. Compensation for additional services will be provided on the basis of the hourly billing rates in effect at the time the agreement is executed. Q:LgPRUCE~oynton~ExhibitA.do¢ - 15- V/ Kimley-Horn and Associates, Inc. EXHIBIT B FEE AND BILLING Kimley-Horn and Associates, Inc. shall perform the services described in Exhibit A for a lump sum fee of $390,390.00. The following is a breakdown of individual task budgets comprising the project total. Engineering Services Task 1 - Data Collection Task 2 - Construction Plans Task 3 - Drainage Design and Permitting Task 4 - Bid Phase Services Task 5 - Construction Phase Services Task 6 - Project Coordination and Meetings Fee(including expenses) $42,991.00 $150,529.00 $102,010.00 $18,084.00 $54,780.00 $21,996.00 Lump Sum Total $390,390.00 The lump sum fee includes labor costs and direct expenses identified in this Agreement as well as items such as local cellular phone, in-house duplicating and blueprinting, facsimile, local mileage, telephone charges, postage, and computer expenses. All permitting, application, and similar project fees will be paid directly by the Client. Fees will be invoiced monthly based upon the percentage of services completed as of the invoice date. Payment will be due within 25 days of the date of the invoice. Q:\SPRUCEXBoyntonkExhibitA.doe - 16- Exhibit B m C~ Z