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2001-040 Prosperity Farms Road Planning & Design RESOLUTION 40-2001 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING PLANNING, DESIGN AND ENGINEERING SERVICES FOR THE PROSPERITY FARMS ROAD BEAUTIFICATION PROJECT WITHIN THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Agreement with Kimley-Horn and Associates, Inc. attached as Exhibit "A", which Agreement is for the purposes of securing planning, design and engineering services for the Prosperity Farms Road Beautification Project within the Village. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with Kimley-Horn and Associates, Inc. set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 12th DAY OF APRIL, 2001. (Village Seal) ATTEST: ~~ VILLAGE CLERK ~ Kimley-Horn ~ ~ and Associates, lnc. April 2, 2001 Mr. Thomas Hogarth, P.E. Director of Public Services The Village of North Palm Beach 645 Prosperity Farms Road North Palm Beach, FL 33408 RE: Preliminary Planning, Design, and Engineering Services for Prosperity Farms Road from Northlake Boulevard North to Village Limit (A Centerline Distance of Approximately 8,800 Centerline Feet). Dear Mr. Hogarth: Based on our most recent meeting of March 22, 2001, we are pleased to submit our scope and fee for the preparation of a master plan for Prosperity Farrns Road. Further, it is our understanding that this initial effort will emphasize the following: 1. Project data collection and review. 2. Obtaining aerial photography. 3. Assist the Village to identify and request additional funding for the project. 4. Coordination with the Village staff; the Ad Hoc Landscaping Committee; Palm Beach County; area merchants and residents; and the Village Council. 5. The preparation of preliminary altematives for the road cross-section and supporting landscape features. 6. The preparation of preliminary estimates of project implementation costs together with phasing altematives. Our proposed scope oCservices, schedule, and fee estimate follow: SCOPE OF SERVICES Task One: Collect aad review existing relevant data, and obtain aerial pbotograpl+y ojtlee corriQor (Week One) We will provide ground targeting and obtain digital raster aerial photography through Southern Resources Mapping for use during this contract, and suitable Cor construction documentation in the future. • (The cost is included in the lump sum fee identified herein.) suite 100 60121st Street Yero Beach, Fonda 32960 TEl 567 562 )981 FA% 567 562 9689 Mr. Thomas Hogarth, April 2, 2001, Page 2 C•/1 KimleyHorn ~ and Associates, Inc. • Task Two: Conduct meeting number one with [he Ad-hoc Landscaping Committee (herelnajter referred to as the "Committee'). (Week Two) We will facilitate an initial kick-off meeting with the committee and Village staff representatives for the following purposes: - To review our project scope and schedule. - To discuss funding methods; opportunities, (grants, tax-increment financing, etc.) and timing. - To set future committee meeting dates. - To review the existing relevant project data including the rough mark- ups prepared for the corridor. - To educate the Committee on the basic functional and operational standards influencing the final roadway design. - To educate the Committee on various streetscape treatments. - To generally discuss project issues such as the cost of implementing various roadway and strei:tscape efforts. We will also prepare and provide to the Committee written and graphic documentation for the Committee to use during the planning process. The Consultant will facilitate this initial meeting and will provide two senior staff members to assist the Committee. A written summary of meeting number one will be prepared for distribution to the Committee. Following the meeting with the Committee, the Consultant will meet with Palm Beach County Engineering staff to develop minimum design criteria acceptable to the County. Task Three: Development ojAiternatives/Commit[ee Meeting Number Two (Week Four) Based on data review and Committee meeting number one, we will prepare two altematives for the roadway corridor. These altematives will include: - Typical cross-sections and design criteria. - Typical "block plans" depicting the alternatives. - Sketches, photographic references, or sketch enlargements as necessary to communicate the altematives. - Preliminary implementation cost estimates. • These alternatives will be presented and "workshopped" with the committee for the purpose of obtaining a consensus for the two altematives and various elements of these altematives. Mr. Thomas Hogarth, April 2, 2001, Page 3 C ~ I~ Kimley-Horn ~ I , and Associates, Inc. • A written summary of Committee meeting number two will be prepared for transmittal to the Committee. Task Four: Conduct Meeting Number One with Palm Beach County Engineering (Week Six) Based on the input received during Committee meeting number two, we will conduct a meeting with Palm Beach !County Engineering for the purpose of: - Updating the County on local desires for the design of the corridor. - Identifying specific engineering issues having the potential to influence the altematives. A summary of input received at this meeting will be prepared for review with the Committee. It is anticipated that County Commissioner Karen Marcus will facilitate this meeting. Task Five: Finalize Alterna[ives and Conduct Committee Meeting Number Three (Week Eighq Based on the input received, we will finalize the altematives incorporating both the Committee and County input. These alternatives will be presented back to the Committee. Documentation will include: - Roadway cross-sections and design criteria. - Typical block design. - Landscape/streetscape recommendations. - Curb lines for the entire project length overlapped onto the aerial photography. - Two computer enhanced images depicting various areas within the corridor. - Supporting sketches, or photographic references as needed to communicate the altematives. - Revised preliminary estimates of probable implementation cost. Illustrative/color presentation boards will also be prepared for use in Task 6. Task Sir: Conduct Public Workshop (Week Tett) Using the presentation materials developed during Task Five, we will facilitate a • three-hour public workshop providing up to four staff representatives. This workshop will be held at a location to be provided by the Village, who shall also be responsible for public notification and advertising. Mr. Thomas Hogarth, April 2, 2001, Page 4 C ~ /~ KimleyHorn ~ I , and Assceiates, Inc. • Presentation materials will include 30" x 40" color mounted boards; the supporting computer imaging and sketches; the curb line "master plan" for the altematives; and a brief project summary handout to be given to the meeting participants. Meeting participants will be facilitated in "one on one" discussions regarding the project. They will be encouraged to provide their individual comments either in writing on forms to be provided, or by directly applying their thoughts on "post- it" notes that can be directly applied to the presentation materials. A written summary of the workshop input will be prepared for distribution to the Committee. Task Seven: Prepare Workshop/Process Summary Plan and Conduct Committee Meeting Number Four (Week Twelve) We will facilitate this Committee meeting to discuss workshop comments and possible revisions to the plan. The intent of this Committee meeting will also be to develop a "finalized" Committee opinion on the altematives and to make appropriate revisions prior to presentation to the Village Council. Task Eight: Refrne Process Summary "Workbook" (Week Fourteen) A refined summary workbook will be prepared for advance delivery to the Village Council prior to our presentation. This document will be primarily black and white, with key exhibits in color, and shall incorporate a comprehensive written and graphic summary of our process and product to date. This report will also address the following: - Recommended roadway cross-sections and design criteria. - Recommended streetscape improvement. - Recommended treatments for corridor utilities. - Phasing and staging recommendations. - Curb lines for the entire corridor length overlaid into the corridor aerial. - Estimates of probable implementation costs. - Recommended funding options/altematives. - A recommended schedule for phase one improvements. One master copy (hard copy and digital) and 20 bound copies will be delivered to the Village for distribution to the Village Council and the Committee. • Mr. Thomas Hogarth, April 2, 2001, Page 5 C ~„ KimleyHorn ~ and Associates, Inc. • Task Nine: Present Preliminary Recommendations to the Viiiage Counci! (Week Fifteen) The workbook will be presented to the Village Council. The purpose of this presentation is to update the Council; address specific questions regarding the plan; obtain additional public comment; and to refine a plan and approach, including selection of a preferred alternative, which we will advance to Palm Beach County on behalf of the Village. Task Ten: Conduct Follow-up Meeting with Palm Beach County (Week Sixteen) A follow-up workshop with Palm Beach County Engineering will be conducted to update them on the preferred Village plan, and to address the following: - County approval of the preferred cross-section and design criteria. - Partnership opportunities for the funding, maintenance, and/or control of this segment of roadway. - Functional issues pertaining to drainage; permitting; utility rehabilitation; roadway and intersection operations, etc. Task Eleven: Finaii:e Implementation Strategy (Week Seventeen) Based on input received during tasks nine and ten, the workbook will be finalized to address this input, and incorporate recommended implementation strategies. Chte hard copy and a digital file of the finalized workbook will be presented to the Client. FEE AND BILLING Kimley-Horn & Associates, Inc. will perform the services described in the Scope of Services for a lump sum fee of $82,500. This contract is subject to Kimley- Hom & Associates, Inc., Standard Provisions, a copy of which is attached to this Scope of Services and incorporated herein. For the purposes of these standards provisions, the term "Consultant" shall refer to Kimley-Horn & Associates, Inc., and "Client" shall refer to the Village of North Palm Beach. 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. • K:~PROPOSAL\URG~proapcriry.die AGREEMENT FOR PROFESSIONAL SERVICES ~~ ~J Kimley-Horn and Associates, Inc. (KHA) shall provide preliminary planning, design and engineering services to the Village of North Palm Beach (Village) for Prosperity Farms Road in accordance with the attached scope of services contained in the letter to Thomas Hogarth (Director of Public Works) dated April 2, 2001. The scope of services outlines the following tasks: Task One: Collect and review existing relevant data, and obtain aerial photograph of the corridor Task Trvo: Conduct meeting number one with the Ad-hoc Landscaping Committee Task Three: Development of Alternatives/Committee Meeting Number Two Task Four: Conduct Meeting Number One with Palm Beach County Engineering Task Five: Finalize Alternatives and Conduct Committee Meeting Number Three Task Six: Conduct Public Workshop Task Seven: Prepare Workshop/Process Summary Plan and Conduct Committee Meeting Number Four Task Eight: Refine Process Summary "Workbook" Task Nine: Present Preliminary Recommendations to the Village Council Task Ten: Conduct Follow-up Meeting with Palm Beach County These services will be provided for a lump sum amount of $82,500.00. This cost includes all labor and expenses to complete the scope of services referred to herein, and also includes the cost to obtain rectified raster digital aerial photography. It is understood that additional services may be added to this agreement by the preparation of a detailed scope of service and mutually agreed to fee. This agreement shall be administered in accordance with KHA's Standard Provisions pages 1, 2 and 3 as amended based on input from the Village. This agreement shall be in effect from April 11th , 2001 thru April 17th , 2002. Fo//r~~Ki~~mley-Horn & Associates, Inc. /~f'O Paul L. Cherry Senior Vice Pres'dent For Palm Beach Witness Eer.r ~, x'10>~. f~ ATTEST: i ~~~ illage Clerk • AGREEMENT FOR PROFESSIONAL SERVICES Kimley-Horn and Associates, Inc. (KHA) shall provide preliminary planning, design and engineering services to the Village of North Palm Beach (Village) for Prosperity Farms Road in accordance with the attached scope of services contained in the letter to Thomas Hogarth (Director of Public Works) dated Apri12, 2001. The scope of services outlines the following tasks: Task One: Collect and review existing relevant data, and obtain aerial photograph of the corridor Task Two: Conduct meeting number one with the Ad-hoc Landscaping Committee Task Three: Development of Alternatives/Committee Meeting Number Two Task Four: Conduct Meeting Number One with Palm Beach County Engineering Task Five: Finalize Alternatives and Conduct Committee Nleeting Number Three Task Six: Conduct Public Workshop Task Seven: Prepare Workshop/Process Summary Plan and Conduct Committee Meeting Number Four Task Eiglrt: Refine Process Summary "Workbook" Task Nine: Present Preliminary Recommendations to the Village Council Task Ten: Conduct Follow-up Meeting with Palm Beach County These services will be provided for a lump sttm amount of $82,500.00. This cost includes all labor and expenses to complete the scope of services referred to herein, and also includes the cost to obtain rectified raster digital aerial photography. It is understood that additional services may be added to this agreement by the preparation of a detailed scope of service and mutually agreed to fee. This agreement shall be administered in accordance with KHA's Standard Provisions pages 1, 2 and 3 as amended based on input from the Village. This agreement shall be in effect from April 1?th , 2001 thru April 1 nth , 2002. For Kimley-Horn & Associates, Inc. Paul L. Cherry Senior Vice President Witness ~q~, • lage Clerk ~ ~i //~ ~ H11CJ1: ICIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS (1) Consultant's Scope of 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 ("Additional Services") hereunder. The Consultant is also authorized, but not required, to perform Additional Services for services deemed appropriate by the Consultant in response to emergencies, unanticipated actions by the Client's contractors, revised regulations, or requirements of authorities, if advance authorization cannot be obtained. The Consultant will notify the Client as soon as practical of the inception of such Additional Services. (2) Client's Responsibilities In addition to other responsibilities described herein or imposed bylaw, the Client shall: (a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instmctions, receive information, and make or interpret the Client's decisions. (b) Provide all infommation 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 constmction. (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 regulations, etc., upon all of which the Consultant may rely. (d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services. (e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. (f) Furnish approvals and pemtits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as maybe necessary for completion of the Consultant's services. (g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as the Client may require or the Consultant may reasonably request. (h) Give prompt written notice to the Consultant whenever 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 anticipation 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 any circumstances that the Consultant does not conhol. Such a delay or suspension shall not terminate this Agreement unless the Consultant elects to terminate pursuant to other provisions of this Agreement. If such delay or suspension extends for more than six months (cumulatively), the rates of compensation provided for in this Agreement shall be renegotiated. (4) This section not used. (5) Method of Payment Compensation shall be paid to the Consultant 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 Client shall also pay to the Consultant all taxes, if any, whether state, local, or federal, levied with respect to amounts paid hereunder. The Consultant 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 [o make any payment due the Consultant for services and expenses within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving 7 days' written notice to the Client, suspend services under this Agreement until all amounts due are paid in full. (b) 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 conclusively be deemed due and owing. (c) This section not used. (d) The Client agrees that the payment for services rendered and expenses incurred by the Consultant pursuant to this Agreement is not subject to any contingency or condition. • (6) Use of Documents 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. They are not intended or represented to be suitable for 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 partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability or legal exposure to the Consultant, and the Client shall indemnify, defend and hold the Consultant hamiless from all claims, rev 4/oI t O:W7367000\wpWORTHP82.DOC damages, losses and expenses, including but not limited to attomeys' fees, resulting therefrom. Any authorization or adaptation will entitle the Consultant to further compensation at rates to be agreed upon by the Client and the Consultant. (7) Opinions of Cost Because the Consultant does not control the cost of labor, materials, equipment or services • famished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of constmetion and materials, shall be trade on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual 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. (8) Termination The obligation to provide further services under this Agreement maybe terminated by either party upon seven days' written notice. 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 reasonably determined by the Consultant, to the total amount of services which were to have been performed, less prior partial payments. (9) Insurance The Consultant is protected by Workers' Compensation insurance as required by Florida law, professional liability insurance in the amount of $1,000,000, and general liability insurance for bodily injury and property damage in the amount of $1,000,000 and will provide certificates of such insurance coverage to the Client upon full execution of this contract. (10) Liability In performing 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 performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. The Consultant will indemnify and hold hamiless the Client, and its officers end employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attomeys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of the contract. Under no circumstances shall the Consultant be liable for lost profits or consequential damages, for extra costs or other consequences due to changed conditions, or for costs related to the failure of contractors to perfomr work in accordance with the plans and specifications. (l l) Certifications The Consultant shall not be required to execute any certifications or other documents that in any way might, in the judgment of the Consultant, increase the Consultant's risk or affect the availability, applicability, or cost of its insurance. (l2) Expenses of Litigation In any litigation between the parties in regards to this agreement, the prevailing party in such litigation shall be entitled to recover from the nonprevailing parry reasonable attomeys fees and all costs of litigation both at the trial and appellate level. (13) 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 Constmction Industry Mediation Rules of the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accmal of the cause of action asserted but in no event later than allowed by applicable statutes. (t4) Hazardous Substances and Condi[Ions (a) Unless stated in the scope of services, it is agreed that the Client does not request the Consultant to perform any services or to make any detemvnations involving hazardous substances or conditions, as defined by federal or state law. If such services are agreed to, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. (b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services . of which the Consultant actually 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 conduct 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 hamtless, indemnify, and defend the Consultant from and against any and all claims, losses, damages, liability, and costs in any way arising out or connected rev 4/Ol Z G:W7387000\vryWORTHP82.DOC 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. • (IS) Construction Phase Services (a) If the Consultant's services include the preparation of documents to be used for constmction and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for constmction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any contractors 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 drrect the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the comrpleted work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant 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 Client agrees that each contract with any contractor shall state that the contractor 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. (16) Assignment and Subcontracting This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, end all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. Neither the Client nor the Consultant shall assign or transfer any rights under or interest in this Agreement without the written consent of the other. However, nothing herein shall prevent or restrict the Consultant from retaining independent professional associates, subconsultants, and suppliers as the Consultant may deem appropriate. (17) Confidentiality The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the co~dentiality of that material. (Ig) Miscellaneous Provisions This Agreement is to be governed by the law of the State of Florida. This Agreement shall bind, and the benefits thereof shall inure to, the parties hereto, their legal representatives, executors, administrators, successors and assigns. This Agreement contains the enftre and fully integrated agreement between the parties, and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. 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 Consultant. Any provision in this Agreement that is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction. The non-enforcement of any 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. (19) Consideration As specific consideration for the indemnification provided the Consultant by the Client hereunder, the Consultant shall pay the Client the amount of One Dollar ($1.00) by credit upon the transmtittal to the Consultant of a signed Agreement. rev 4/01 3 G:W7381000\vrp\t40RTHPn2.DOC