2004-017 Miller-Legg Agrmt. for Prosperity Farms Road Construction DocumentsRESOLUTION 17-2004
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 FOR PROFESSIONAL SERVICES WITH MILLER, LEGG &
ASSOCIATES, INC., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES
PROFESSIONAL SERVICES FOR THE PREPARATION OF CONSTRUCTION
DOCUMENTS AND ASSEMBLY OF A BID DOCUMENT PACKAGE FOR THE
PROSPERITY FARMS ROAD PROTECT BETWEEN NORTHLAKE BOULEVARD AND
BURNS ROAD; 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 for professional services with Miller, Legg & Associates, Inc., attached as
Exhibit "A", which agreement provides professional services for the preparation of construction
documents and assembly of a bid document package for the Prosperity Farms Road Project
between Northlake Boulevard and Burns Road.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
agreement for professional services with Miller, Legg & 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 26th DAY OF FEBRUARY, 2004.
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(Village Seal) ~~ `
MAYOR
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ATT T:
'" VILLAGE CLERK
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L` Offices Located In: • Pembroke Pines • Wellington •
AGREEMENT FOR PROFESSIONAL SERVICES
Client: Village of North Palm Beach Client Contact: Kristine Frazell, PE
Address: 645 Prosperity Farms Road Address:
~lui h Paid i Beach, Fivrida 3340
Winter Park
645 Prosperity Farms Road
North Palm Beach, FloridG 33408
Date: Fe~~ruaiy 16, 2004 Proposal No: 02-P4355 T: 42 R: 43 S: 8u17
Project Name and Location: Prosperity Farms Road Between North Lake Boulevard and Burns Road
"Proiect"
Description of Services to be Provided: See Exhibit A Pages 1 - 6
Fee: Lump Sum of $ 137,495.00 and Reimbursable Expenses
(Budget)
Retainer: (Payable upon execution of this Agreement) $ N/A
Special Conditions:
$ 3,000.00
The undersigned agree to the attached General Conditions and Special Provisions which are
incorporated and made a part of this Agreement. Any additional requested services will be addressed
in a separate agreement.
~~+., LeggA&/~ssociates, Inc. (Consultant) ~ it)
Date: Z- ZS~b ate: 2/26/04
Signatu
Dennis J. Thomas. P.E., Vice President
Attachments: General Conditions/Special Provisions
Rate Schedule
,..,_ Exhibit A and A-1
Page 2 of 7
David 6. Norris, Mayor
Printed Name/Title
GENERAL CONDITIONS
These general conditions are attached and made part of proposals and agreements for services by Miller, Legg & Associates, Inc., the Consultant.
1.0 Standard of Care
onsultant, providing services under the Agreement, will endeavor to
__ ;:crform in a manner consistent with the degree of care and skill
exercised by members of the same profession under similar current
circumstances.
2.0 Basic Services
Consultant shall provide the mutually agreed-upon services outlined
in the Agreement. Any services not specifically outlined in the
Agreement are specifically excluded from the scope of Consultant's
services. Consultant assumes no responsibility to perform any
services not specifically addressed in the Agreement.
3.0 Additional Services
If mutually agreed to jn writing by the parties, in advance, Consultant
will provide additional services, which shall be documented and
appended hereto. Additional services are not included as part of the
basic scope of services and shall be paid for by Client in addition to
the payment iur basjc services. Payment for additional services shall
be in accordance with Consultant's Rate Schedule, as provided for in
Section 5.0, Compensation, or as otherwise mutually agreed to by the
parties.
4.0 Client Responsibilities
Client shall designate in writing, a person to act as his/her
representative with respect to the services to be rendered under the
Agreement. Client shall provide all criteria and information required
for Consultant to perform services under the Agreement. Client shall
provide for access to and make all provisions for Consultant to enter
upon public and private property as required to perform services
under the Agreement.
5.0 Compensation
a) Monthly progress invoices for basic services and additional
services submitted by Consultant are due upon presentation and shall
be considered past due if not paid within thirty (30) calendar days.
b) Hourly services shall be invoiced based on applicable hourly
rates in accordance with the Rate Schedule which is subject to annual
adjustment.
c) In order to provide uninterrupted service by Consultant, Client is
required to promptly pay submitted invoices. Client shall have a
fourteen (l4) day review period to request clarification or additional
information regarding an invoice. If no request is made during the
review period, the invoice is deemed approved and payment will be
made in the full amount of the invoice. If payment in full is not
received by Consultant within thirty (30) calendar days, all past due
amounts shall bear interest at one and one-half (1.5) percent per
month from said thirtieth (30`h) day.
~tl Tf (~Ijent fajig t~ malrP navmvntc ~xi}tan diiv nr nthePxijcr hr~grhes
~ _ r_~..._.....
the Agreement, Consultant may suspend performance of services
with seven (7) days written notice to Client. Consultant shall have no
liability whatsoever to Client for any costs or damages whatsoever as
...exult of such suspension caused by any breach of the Agreement
by Client. Upon payment in full by Client, Consultant may, upon
written agreement of both parties, resume services under the
' _~reement and the time schedule and compensation shall be
iitably adjusted to compensate for the period of suspension plus
°-';;.y other reasonable time and expense necessary for Consultant to
resume performance.
el Payment of invoices is in nn dace s~,bject to ~!nilateral
discounting or setoffs by Client and payment is due regardless of
suspension or termination of the Agreement by either party.
6.0 Permit, Agency and Application Eees
Client shall be responsible for and pay all project-related fees
including, but not limited to, permitting, filing, recording, inspection,
plan review, DRI, PUD, rezoning and impact fees. Any mutually
agreed-upon project-related fee up to $500 may be paid by
Consultant and invoiced as a reimbursable expense by Client.
7.0 Collection Costs
In the event that any invoice or portion thereof remains unpaid for
more than thirty (30) days following the invoice date, Consu!tart may
initiate legal action to enforce the compensation provjsion of the
Agreement. Consultant is entitled to collect any judgment or
settlement sums due, reasonable attorney fees, court costs, interest
and expenses incurred by Consultant in connection with the
collection of any amount due under the Agreement.
8.0 Reimbursables
Project-related expenses such as travel, lodging, per diem, long
distance communications, postage, shipping, reproductions, approved
subcontracted services and other necessary and customary costs shall
be paid to Consultant by Client. These reimbursables shall be
compensated at:
• Unit prices per Consultant's Rate Schedule.
• Out-of-pocket expenses billed at a multiplier of I.15 to
cover processing costs.
9.0 Taxes
Any government-imposed taxes or fees shall be added to the invoice
and paid by Client to Consultant for services under the Agreement.
10.0 Indemnification
a) Client agrees, to the fullest extent permitted by law, to
indemnify and hold harmless Consultant, its officers, directors,
employees and independent subconsultants against all damages,
liabilities or costs including reasonable attorneys fees and defense
costs, arising out of, or connected with, the Agreement or
performance by any of the parties above named of the services under
the Agreement, except those damages, liabilities or costs attributed to
the negligent acts or negligent failure to act by Consultant.
b) Client agrees that as Client's sole and exclusive remedy, any
claim, demand or suit shall be directed and/or asserted only against
Consultant, a Florida corporation, and not against any of Consultant's
individual employees, officers or directors.
c) Client agrees to indemnify Consultant, its officers, directors,
employees and independent subconsultants against all damages,
Ijabilities ar casts arising cut af, or i,. a ny way cannccicd wit."., the
Agreement or the performance by any of the parties above-named of
the services under the Agreement by any third party.
11.0 Limitation of Liability
[n recognition of the relative risks and benefits of the project to both
Client and Consultant, Client agrees to the fullest extent permitted by
law, to limit the liability of Consultant and/or its employees, officers,
directors, partners, agents and/or representatives to Client and/or any
person andlor entity claiming by and/or through Client for any and all
claims, losses, costs, damages or claim's expenses from any cause or
causes, including, but not limited to, attorney fees and costs resultin~
Page 3 of 7 Initial: MLA"-~J- Client:/mil
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from Consultant's negligent acts, errors and/or omissions. The total
liability of Consultant to Client shall in no event exceed $100,000.
I2.~ Instruments of Service Ownership
a) All reports, plans, specifications, electronic files, field data, notes
and other documents and instruments prepared by Consultant as the
agreement's instruments of service shall remain the property of
Consultant. Consultant shall retain all common law, statutory and
other reserved rights, including the copyright thereto.
b) Instruments of service by Consultant are for the sole use of
Client and are not to be copied or distributed, in any manner, to a
third party, without the express written permission of Consultant.
Electronic information or files are for informational purposes only. It
is the responsibility of Client to verify the accuracy of the
:;rn-~ation therein and to fluid Consultant harmless for any damages
that may result from the use of the information. Client at his own
cost shall be responsible for validating any and all electronic
informa±ion pr„ :~ided.
13.0 Governing Law
Client and Consultant agree that the Agreement and any legal actions
concernine said Agreement shall he governed by the laws of the State
of Florida.
14.0 Mediations/Dispute Resolution
a) To resolve any conflicts which might arise during the
performance of Consultant's services under the Agreement, or during
the construction of the Project, and/or fol]owing the completion of
the project, Client and Consultant agree that all disputes, pertaining to
the performance of services by Consultant, shall be first submitted to
non-binding mediation. Failure by any party to fully comply with the
pre-suit mediation provision shall, upon finding by a court and/or
jury, constitute a waiver of this condition precedent. The fees and/or
costs of mediation shall be equally borne by the parties to the
Agreement.
b) In the event of litigation, disputes shall be resolved in the circuit
court of the Florida county in which the Project is located under the
.Agreement. The prevailing party in such litigation shall be entitled to
recover from the non-prevailing party all reasonable atiorney fees,
taxable court costs, expert witness fees and costs, demonstrative
evidence costs, and such other reasonable fees and/or costs generally
associated with the litigation of such matters, as determined upon
hearing, post-trial, by the court.
c) Irrespective of any contract provision or obligation of either
party hereunder pursuant to contract or agreement with person(s)
and/or entity(ies) not specifically named herein, Consultant shall not
be obligated to participate in, nor be a named party in, any arbitration
proceeding without the express written consent of Consultant.
15.0 Delays
a) In the event the project under the Agreement is delayed for a
period of more than fifteen (IS) calendar days by any act or omission
by Client or any other causes beyond Consultant's exclusive control,
Client agrees that Consultant is not responsible for any and all
damages arising directly or indirectly from such delays. In addition,
if the delays resulting from any such causes increase the cost or time
required by Consultant to perform its services in an orderly and
efficient manner, Consultant shall be entitled to an equitable
adjustment in schedule and/or compensation prior to re-commencing
,. nrk on the project.
Client recognizes and agrees that factors both within and
without Consultant's control may delay the work performance,
permit issuance, design and construction of the project. Client agrees
that it shall not be entitled to any claim for damages due to
hindrances or delays from any cause whatsoever including, but not
limited to: the production of contract documents; review of
documents by any government agency; issuance of permits from any
government agenc;; beginning or completion of constructions; or
performance of any task of the work pursuant to the Agreement.
Permitting is a regulatory function and Consultant does not guarantee
issuance of any permit. Agency reviews and permitting are deemed
"factors" outside Consultant's control.
16.0 Termination
The Agreement and the obligation to provide further services under
the Agreement may be terminated by either party upon seven (7) days
written notice in the event of substantial failure by the other party to
perform in accordance with the terms hereof through no fault of the
terminating party. In the event of termination of the Agreement by
either party, Client shall within fifteen (l5) calendar days of
termination, pay Consultant for all services rendered to date, all
reimbursable costs and termination expenses incurred by Consultant
up to the date of termination, in accordance with the payment
provisions of the Agreement.
17.0 Renegotiation of Fees
Consultant reserves the right to renegotiate fxed fees to reflect
changes in price indices and pay scales applicable to the period when
services are rendered.
18.0 Construction Phase
Consultant shall not, during any site visits or as a result of observing
Contractor's (s') work in progress, supervise, manage, direct or have
control over Contractor's (s') work. Nor shall Consultant have any
authority or responsibility for the means, methods, techniques,
sequences or procedures of construction selected by Contractor(s) for
safety precautions and programs incident to the work of Contractor(s)
or for any failure of Contractor(s) to comply with laws, rules,
regulations, ordinances, codes or orders applicable to Contractor(s)
furnishing and performing its work. Consultant can neither guarantee
the performance of the construction contracts by Contractor(s) nor
assume any responsibility for Contractor's (s') failure to finish and
perform its work in accordance with the contract documents.
19.0 Hazardous Materials
Consultant's Scope of Services does not include any services related
to the presence of any hazardous or toxic materials including, but not
limited to asbestos, toxic or hazardous waste, PCB's, combustible
gases and materials, petroleum or radioactive materials. [n the event
any hazardous or toxic materials are present on or about the job site
or any adjacent areas that may affect the performance of Consultant's
services, Consultant may, at its option and without liability for
consequential or other damages, suspend performance of its services
under the Agreement until Client retains appropriate consultants or
contractors to identify and abate or remove the hazardous or toxic
materials in full compliance with all applicable laws and regulations.
20.0 Signage
Client agrees to provide Consultant with a location for Consultant's
temporary construction signage nn the nrnj ect sire hrfnra and rtLrina
construction activities.
21.0 Successors and Assigns
Neither party to the Agreement shall transfer, sublet or assign an;~
rights under or interest in the Agreement (including, but without
limitation, monies that may become due or monies that are due)
without the prior written consent of the other party. Subcontracting
to subconsultants normally contemplated by Consultant shall not be
considered as an assignment for purposes of the Agreement.
END OF DOCUMENT ~
Initial: MLA~:~`G~ Clients ~ //7~
Page 4 of 7
SPECIAL PROVISIONS
These special provisions are attached hereto, and made a part of, this Agreement for
Professional Services for (Prosperity Farms Road/Proposal No. 02-P4355 ~ by Miller,
Legg & Associafas~ Inc., (Consultant).
1.0 The following amendments and clarifications shall apply to the General
Conditions:
Paragraph 1.0 Standard of Care: replace the words "will endeavor to" with
"hall".
Paragraph ~.0 Reimbursables: add the words "outside Palm Beach County"
following "... such as travel, lodging, per diem''.
Paragraph 10.0 Indemnification: delete subparagraph a) in its entirety and
substitute the following: "Consultant agrees to indemnify and save and hold the
Village of North Palm Beach, its council, employees and agents, harmless of any
and all claims, costs (including reasonable attorneys fees), losses and damages
pursuant to or as a result of the negligent performance of this contract by
Consultant, which indemnification shall include, but not be limited to reasonable
attorneys fees and all costs in Village defending itself both at the trial and
appellate levels." Also, modify paragraph c) by deleting the words "by any of the
parties... Agreement by any third party", and inserting the words "for the
negligent performance of the Village of North Palm Beach, its council, employees
and agents".
Paragraph 11.0 Limitation of Liability: Delete this section in its entirety.
Paragraph 14.0 Mediations/Dispute Resolutions: At the end of subparagraph b}
add the words: "The prevailing party shall be entitled to recover reasonable
attorney's fees and all such costs both at the trial and appellate level."
Paragraph 16.0 Termination: The following additional provision shall apply:
"Notwithstanding anything contained within this paragraph 16.0 to the contrary,
in the event Palm Beach County terminates the Financial Assistance Agreement
with the Village for the Prosperity Farms Road Project, this Agreement shall
simultaneously terminate notwithstanding that the Consultant is in full
compliance with the Agreement. The Village shall notify the Consultant in
writing within 3 (three) working days of such occurrence. In this event, the
Consultant shall be paid for all services rendered to date, all reimbursable costs
and termination expenses incurred by the Consultant up to the date of
termination notice, in accordance with the payment provisions of this
Agreement."
Paragraph 17.0 Renegotiation of Fees: Replace the entire language of this
paragraph with: "If the Village delays the notice to proceed beyond 60 days from
-- date of full execution of the contract between the parties, or issues a temporary
stop-work order not due to the conduct of the Consultant and without cause by;
the Village which delays the time of completion from ten (10) months to twelve
Page 5 ef? I::itial: Tyfj,A.~Cl;ept; ~~
(12) months or more, Consultant reserves the right to renegotiate fixed fees with
the Village to reflect any increase in wage scales or other cost factors resulting
from the Village's failure to issue notice to proceed as aforesaid or issuance by
Village of a temporary stop-work order without cause."
Para~rap.h 22.0 Insurance: This new section shall be added as follows: "The
Consultant shall maintain, or cause to be maintained, the following specific
insurance coverages in the amounts set forth hereafter:
(1) WORKERS COMPENSATION: Coverage to apply for all employees for
Statutory Limits in compliance with the applicable State and Federal taws.
The policy shall include Employers Liability. Notwithstanding the number of
employees or any other statutory provisions to the contrary, coverage shall
extend to all employees of the Consultant and his subconsultants. Statute
Limits shall be in compliance with applicable State and Federal laws.
(2) COMPREHENSIVE GENERAL LIABILIT~C': Shall have the minimum lilies
of $1,000,000.00 per occurrence. Combined Single Limit for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and
Operations, Broad Form/Personal Injury, XCU coverage, and a Contractual
Liability Endorsement.
(3) BUSINESS AUTO LIABILITY: Shall have the minimum limits of coverage
of $500,000 per occurrence, Combined Single Limit for Bodily Injury and
Property Damage Liability. This shall be an any-auto policy including
Owned, Hired, Non-Owned, and Employee Non-Ownership Coverage.
(4) PROFESSIONAL LIABILITY: Insurance and Indemnification - The
Consultant shall maintain Professional Liability Insurance covering the
Consultant for sums which the Consultant may become legally obligated to
pay as damages because of liability arising out of any negligence, error or
mistake in rendering, or omission in failing to render the professional
services required in the performance of the Consultant's agreement with the
Village. Required coverage shall be for Limits of Liability not less than
$1,000,000.00, with a retained limit of not more than $100,000.00.
The Village shall be included as an additional insured under the General
Liability and Automobile Liability policies.
Current valid insurance policies meeting the requirements herein identified shall
be maintained during the duration of the referenced project. There shall be a
thirty (30) day notification to the Village in the event of cancellation or
modification of any stipulated insurance policy. It shall be the responsibility of
the Consultant to ensure that all subconsultants are adequately insured or
covered under their policies. Certificates of insurance shall be on file with the
Village, and approved by same prior to the commencement of any work
activities."
Page 6 of 7 Initial: MLA;~Client:
2004 RATE SCHEDULE
Professional Services Hourly Rate
_ Administrative $ 45
Technical Assistant $ 55
Field Representative $ 60
CAD Technician $ 65
GIS Data Processor $ 75
Irrigation ~ Specialist $ 75
Senior CAD Technician/Landscape Designer $ 75
Environmental Scientist/Risk. ~~anagement Specialist $ 75
Technician $ 80
Project Surveyor/Landscape Architect/Designer $ g5
Senior Field Representative $ 95
Project Engineer/GIS Specialist $ g5
Licensed Surveyor/Senior Project Engineer $100
Survey Field Party (Portal to Portal) $105
Project Manager $115
GIS Coordinator $140
Senior Project Manager $145
GPS Field Party (Portal to Portal) $185
Principal/Senior Consultant $200
Expert Witness $250
Senior Principal $275
In-house Reimbursable Expenses Rate
Courier Zone 1 (0 - 30 Miles} $ 2p
Courier Zone 2 (31 - 60 Miles) $ 40
Courier Zone 3 (61 - 75 Miles) $ 50
Mileage (per mile) $0.39
Copies (_< 11"x17") $0.15
Color Copies (<_ 8'h" x 11") $1.00
Color Copies (_< 11" x 17") $2.00
Blueprints (_< 24"x36") $2.20
iviyiars (<_ 24"x36") $7.00
Postage $0.37
Vellums (<_ 24"x36") $5.50
Fax Transmissions $1.00
Official Record Docs $1.00
Out-of-Pocket Expenses n
Cost + ~/~~
NOTE: These rates are subject to change after January 1, 2005
C_~
~~
CER.TIF iCATION STATEMENTS
PROJECT: PROSPERITY FARMS ROAD
CONSULTANT: MILLER LEGG & ASSOCIATES, INC.
PROHIBITION AGAINST CONTINGENT FEES STATEMENT
By entering into this Agreement the CONSULTANT warrants that they have not
employed or retained any company or person other than a bonafide employee working
solely _for the CONSULTANT to solicit or secure this Agreement and that they have not
paid or agreed to pay any person, company, corporation, individual or firm other than a
bonafide employee working solely for the CONSULTANT, any fee, commission,
percentage, gift or other consideration contingent upon or resulting from the award of
making of this agreement.
PUBLIC ENTITY CRIMES STATEMENT
As provided in F.S. 287.132-133, by entering this Agreement or performing any work in
furtherance hereof, the CONSULTANT certifies that it, its affiliates, suppliers, sub-
contractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management
Services within the 36 months immediately preceding the date hereof. This notice is
required by F.S.287.133 (3) (a).
NON-DISCRIMINATION STATEMENT
The CONSULTANT warrants and represents that all of its employees are treated equally
during employment without regard to race, color, religion, disability, sex, age, national
origin, ancestry, marital status, or sexual orientation.
U ~
ienature R, itle
Proposal No. 02-P4355
E?;NIBIT A -SCOPE OF SERVICES
Prosperity Farms Road
Village of North Palm Beach, Florida
1 PROJECT DESCRIPTION
1.1 The Prosperity Farms Road Project limits are North Lake Boulevard on the
south and Burns Road on the north. The length of the proposed roadway
improvements is approximately 9,000 feet.
1.2 A Master Plan titled "Prosperity Farms Road Traffic Calming, Beautification
and Recreational Corridor" was prepared by Kimley-Horn and Associates,
Inc. dated November 1, 2001. The Village of North Palm Beach desires to
significantly modify the plan for reconstructing Prosperity Farms Road to
primarily consist of roadside beautification and safety improvements.
1.3 The modified plan, as adopted by the Village's Ad Hoc Committee and
Council, will consist of creating landscape areas between the existing
sidewalks and roadway shoulders for the entire project length. No swale
irrigation will be provided. Within the 12 foot wide center dual turn lane
area up to seven (7) landscaped medians are proposed at locations to be
determined, approximately 50 to 100 feet long each. Plans shall include
the installation of irrigation for these islands as an alternate bid item.
2 BASIS OF SCOPE
2.1 The preparation and review process of the construction documents will
generally be consistent with Palm Beach County's Roadway Production
Department's procedures. Review and approval of the proposed plans will
be required by Palm Beach County. Palm Beach County requires that
plans for this project be prepared on controlled aerial photography in a
plan/profile format scale of 1 "=20'.
2.2 The existing drainage system was originally designed for a five (5) lane
roadway section and the modified plan proposes a potential decrease in
impervious area. Therefore, ii i5 anticipated file existing South Florida
Water Management District (SFWMD) permit can be modified using the
"letter" modification process.
2.3
The existing drainage trunk line and collection system is suitable to
accommodate the runoff from the proposed roadway improvements and
will remain in place. Drainage design to address current or potential
localized ponding may be required.
Page 1 of 6 Initial: ML ~ Client
n~~'
Proposal No. 02-P4355
2.~ Leo"technical data will be obtained from the design plans that were used to
constr~.;ct the existing Prosperiiy Farms Road. ivo additional geotechnical
data collection is anticipated for the project.
2.5 No traffic signals will be modified under this scope of work.
2.6 Utility adjustment plans are not required for this project. If determined
necessary, they shall be the responsibility of each respective utility
company.
2.7 No changes to the Earman River Bridge are required for this design
concept.
2.8 IVo street lighting is proposed under this scope of work.
2.9 Irrigation water source will be from the local potable water source -tapped
into the existing mains in the Prosperity Farms Road right-of-way.
3 INFORMATION TO BE PROVIDED BY CLIENT
3.1 Participate in the selection of landscape materials through the progress
plan review process.
3.2 Copies of all relevant data, including correspondence, reports, plans, or
information in its possession which may be beneficial to the work effort
performed by the consultant.
3.3 Filing and application fees, permit review fees, impact fees or other
associated assessments by other agencies.
3.4 Provide "front-end documents" for construction bid packages to include the
Village's standard or desired bidding conditions, insurance and bonding
requirements, legal forms and associated elements to provide a complete
and legally sufficient bid package.
3.5 Public meeting announcements and facilities to accommodate such
meetings. Village staff shall attend and participate in all such meetings and
address all non-technical issues that may arise.
3.6 Assignment of one (1) principal contact person as "project manager"
representing the Village to issue directives to the Consultant resulting from
decisions made by Village Council, committees or staff.
3.7 Provide in electronic format, controlled aerial photography of the entire
project limits, suitable for use at a scale of 1 "=20' meeting the requirements
of Palm Beach County.
Page 2 of 6
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C~ - ~ 7~ ,~
Initial: MLA ~ / Client: ~_
Proposal No. 02-P4355
4 SCOPE OF BASIC SERVICES
The scope of services to be provided by Consultant shall be performed under the
following tasks:
Task 1. Field Sur•,reys:
A. Establish horizontal and vertical control (NGVD 1929) for the
baseline of construction through the entire project and a minimum
of 300 feet beyond the project limits. Control will be extended
along each public right-of-way side street for at least 100 feet.
B. Establish benchmarks every 600 feet and reference points to be
used by the contractor during construction.
C. Provide specific topographical surveying to support the design
process. This shall include roadway cross sections at each high
and low point along the profile grade of the existing road,
supplemented with elevations at certain driveways, sidewalks, side
streets, etc., as determined necessary.
D. Field locate all existing drainage structures, existing sanitary
manholes and existing above-ground utilities that are not
obtainable from the as-builts. The survey will confirm structure rim
and top elevations, locations of water valves, hydrants, control
boxes, junction boxes, risers, etc, indicating the presence of
underground utilities. Invert elevations of underground piping will
not be required for the project.
E. Obtain locations of existing trees within the right-of-way. Horizontal
and vertical location, DBH, and type of tree will be established.
Task 2. Roadway Construction Plans:
A. Prepare a cover sheet, and summary of quantities sheets with
appropriate project information.
B. Prepare a typical roadway section sheet showing proposed
construction improvements.
C. Prepare play, and prcfile sheets at 1 "=20' scale using the aerie[
photo base drawings. Existing utilities as provided by the each
respective utility company as-builts will be shown. Utility
companies will be provided base drawings to confirm their facilities
" both horizontally and vertically.
i
Page 3 of 6 Initial: MLA ~~~ Client:
Proposal No. 02-P4355
D. Prepare cross-section s heats S~i~wirig tl~e existing and proposed
iGadWay iG ai least i 5 ieet beyond the right-or'-way. The cross-
sections will be plotted for each high and low point along the
profile grade of the road, and as otherwise obtained in the field
surveys.
E. Revisions to the existing drainage system will be incorporated into
the plans as necessary to accommodate localized ponding or
changed surface conditions. Changes to the main collection
system are npt inrl~ded in Chic c~prna.
F. Prepare detail sheets for roadway elements and miscellaneous
details. Typical driveway apron improvement details will be
included as necessary.
G. Prepare Signing and Marking plans.
H. Prepare earthwork calculations using roadway cross sections.
I. Prepare technical specifications, based on the FDOT Standard
Specifications for Road and Bridge Construction.
J. Prepare opinions of probable construction cost at each phase
review submittal. The accuracy of such opinions will vary
depending on the level of detail of construction drawings.
Task 3. Landscaping and Irrigation Plans
A. Prepare Planting Plans at a scale of 1 "=20', consistent with the
revised conceptual Master Plan. Planting areas include the
converted roadside swale areas and the proposed medians (up to
seven).
B. Prepare Irrigation Plans to accommodate only the plantings in the
medians as an alternate bid item. No irrigation plans for the swales
are required.
C. Prepare technical specifications for landscape and irrigation
installations.
D. Prepare opinions of probable construction cost at each phase
review submittal. The accuracy of such opinions will vary
depending on the level of detail of construction drawings.
Task 4. Permitting
A. The following governmental agencies may have permitting
jurisdiction for the proposed improvements:
1. SFWMD -letter modification
2. Palm Beach County Engineering -Roadway Division
3. USEPA/FDEP - NPDES Compliance
Page 4 of 6 Initial: MLA~~ Client: J~~1J ~--
Proposal No. 02-P4355
B. Permitting requrerrienis for the above agencies will be determined
and applications prepared for each permit required. Pvo other
agency permits are anticipated or included in this scope of work.
C. Village will be required to execute applications and pay regulatory
agency permit fees.
D. Coordination and response to agencies questions and comments
will be provided during the permitting process. Plan modifications
and responses will be provided for up to two (2) requests for
additional information (RAI) letters. Additional RAI letter
responses may be considered as additional services if the nature
of the comments is beyond ordinary or anticipated permitting
conditions.
Task 5. Construction Bid Documents
A. The Village will provide the "front end documents" and any other
information deemed necessary to include in the bid packages.
B. Consultant shall prepare the technical specifications required for
the entire project. It is anticipated that the FDOT Standard
Specifications will be utilized for all roadway and related
components of work. Specifications to include appropriate
references and special provisions.
C. Assemble a complete bid document package with bid forms,
"front-end documents", technical specifications and other
necessary items (i.e. insurance, bonding forms, etc.) as
determined necessary by the Village.
D. Provide up to two (2) draft sets of documents for review by Village
staff. Following receipt of comments, up to ten (10) final sets of bid
documents provided for contractor bidding.
E. Assist the Village through the bidding process by responding to
contractor questions and issuing addendums to the bid package
as required.
F. The Final Plans Package shall consist of:
One CD of the final CADD drawings in AutoCAD format
One digital file of the Technical specifications in Microsoft Word
Three (3) sets of full-size signed & sealed construction plans
Three (3) sets of 11 "x17" (half-size) construction plans
Task 6. Public Information Meetings
A. Attend an initial Master Plan review meeting with members of the
original Ad Hoc Committee for the project and other Village '
representatives as appropriate. This meting will assist the
Page 5 of 6 Initial: ML Client: `~
Proposal No. 02-P4355
~.GiiSUi~an~ In Seuiiig ule ulfeGUUfl oi' the deSlgn scope iJaseCl On
ti ie iCSiiit~ of the iiiitiai piaster plan efforts.
B. Prepare Public Information Exhibits for use at each community
meeting. Supporting design information and sketches will be made
available at said meetings.
C. Attend one (1) general community meeting to explain the design
elements and coordinate with Village residents in an open forum.
Input received at such meetings will be documented for reference
purposes.
D. Attend up to four (4) meetings w. ith property owners along the
project. It is anticipated that these meetings can be accomnli~hPCi
in small groups to obtain input and provide clarifications regarding
the proposed design.
Task 7. Project Coordination with Village Staff
A. Attend a project kick-off meeting with Village staff. A specific
project schedule will be presented, reviewed and adopted.
B. Prepare design review submittals and attend review meetings with
Village staff at the 50%, 90% and final plans to discuss comments.
Each submittal shall consist of two (2) full-size plan sets and two
(2) 11 "x17" (half-size) plan sets.
C. Attend up to three (3) additional project coordination meetings with
Village staff during the project. These meetings will include
coordination meetings with potentially affected utility companies.
D. Attend up to two (2) Village Council meetings to provide progress
reports and information on the project, as requested by staff.
5 PERIOD OF SERVICE
The project scope of services established herein will be completed on or before
December 1, 2004. This completion date is conditioned upon receiving a fully
executed agreement and written notice to proceed from the Village on or before
March 1, 2004. A specific task related schedule will be prepared by the
Consultant and presented at the project kick-off meeting. The ability to meet this
schedule is subject to response time of regulatory agencies and public meeting
schedules.
5 PROFESSIONAL SERVICE FEES
The above scope of services will be completed in accord with the fee table
provided on the following page (Exhibit A-1 ).
Page 6 of 6 Initial: MLA ~~~~ Client:
MILLER, LEGG & ASSOCIATES, INC.
Village of North Palm Beach
Prosperity Farms Road (North Lake Boulevard to Burns Road)
Proposal #4355 Date: February 16, 2004
EXHIBIT A-1
PROFESSIONAL SERVICES FEE SUMMARY
TASK
i NUMBER TASK I LUMP SUM
~ FEE
TASK 1 Field Surveying $25,150.00 I
TASK 2 Roadway Plan Preparation $45,835.00
TASK 3 Landscape & Irrigation Plans $31,185.00
TASK 4 Regulatory Agency Permitting $4,825.00
TASK 5 Construction Contract Bid Documents $5,430.00
TASK 6 Public Information Meetings $10,645.00
TASK 7 Project Coordination - VNPB $14,425.00
TOTAL LUMP SUM FEES: $137,495.00
Estimated Reimbursable Expenses $3,000.00
TOTAL ESTIMATED PROJECT FEES: $140,495.00
~,,f
Initial: MLAs~~ Client ~~~
~.
~iii8i , Lagy & AJJUCIdICJ, i~iC.
PROSPERITY FARMS ROAD (Northlake Blvd. to Burns Road)
SURVEYING SERVICES ESTIMATE
Date :February 16, 2004
TASK 1
Length of Project: 9,000'±
TASK
2 Man
Field Crew Hours i
Survey
Technician Hours
PSM
Hours
Comments
Baseline Control 24 16 8
Baseline Layout
100' Stations
36
4
1
Section Ties 8 2 2
Subdivision &
Propert Ties
42
4
1
To o ra h 40 16 3 Cross sections/drivewa s/structure
Bench Levels 16 2 Includes Setting Project
Benchmarks
CADD Base
Drawin
B En ineerin
Side Street
Surve s
24
4
1
21 Side /Cross Streets
Total Hours 19C 48 16
Rate $105.00 $75.00 $100.00
Sub-Total
$19,950.00
$3,600.00
$1,600.00
Total Fee $25,150.00
F:\Proposals2003\ Prosperity Farms Road II1Surveying021604.x1s
(1 ~ (1
~~ ~ n 1d
MILLER, LEGG 8~ ASSOCIATES, INC.
PROFESSIONAL SERVICES FEE PROPOSAL
DATE: February 16, 2004
PROSPERITY f=ARMS ROAD (North Lake Boulevard to Burns Road)
ROADWAY DESIGN AND ASSOCIATED SERVICES
ITEM
TASK 2, #
of
Sheet PRIN.
Hr. Rate
$185.00 SR. PROJ.
MGR.
Hr. Rate
$135.00 PROJ.
ENG.
Hr. Rate
$95.00 DESIGN
TECH
Hr. Rate
$70.00 CADD
TECH
Hr. Rale
$60.00 CLERICAL
SUPPORT
Hr. Rate
$45.00 TOTAL
HOURS
BY
TASK LAE30F2
CC>ST
ELY
TASK
Roadway Plan Preparation
Title Sheet 1 1 4 6 11 $735.00
Typical Sections/ Details 1 1 1 3 6 10 21 $1,625.00
Summary of Quantities Sheet 1 1 5 9 14~ 29 $2,0£30.00
Plan/Profile Sheets (1"=:?0') 15 8 20 32 64 80 204 $1f3,500.00
Drainage Design (Localised Improvem) N/A 2 4 12 4 20 42 $3,530.00
Roadway Cross Sections (Select - est 16 4 4 10 18 30 62 $4,5.`10.00
Utility Coordination (Conflict Resolution) N/A 8 10 6 4 4 32 $2,810.00
Signing & PavE;ment Marking Plans 8 1 2 8 16 28~ 55 $4,0'15.00
Quantity Computations E~ Estimates N/A 2 12 18 20 4 56 $~4,O:i0.00
Plan Checking/OC NIA 8 20 12 8 48 $',1,8£30.00
TOTAL MANHOURS 30
20
60
117
149
220
8
574
TOTAL LABOR COS-F $3,700.00 $8,100.00 $11,115.00 $10,430.00 $13,200.00 $360.00 $45,835.00
\`~
File: P1=RMHestROADVVAYDESIGM021604.x1s
Paye 1 of 1
P~~~tP~ ~iiFr~nna
MILLER, LEGG & ASSOCIATES, INC.
PROFESSIONAL SERVICES FEE PROPOSAL
DATE: February 16, 2004
PROSPERITY FARMS ROAD (North Lake Boulevard to Burns Road)
ROADWAY DESIGN AND ASSOCIATED SERVICES
ITEM
TASK 3
Landscape & Irrigation Plans #
Of
Sheets PRIN.
Hr. Rate
$185.00 SR. LANDS.
ARCH.
Hr. Rate
$135.00 LANDS.
ARCH.
Hr. Rate
$85.00 LANDS.
DESGNR.
Hr. Rate
$75.00 CADD
TECH
Hr. Rate
$60.00 CLERICAL.
SUPPORT
Hr. Rate
$45.00 TOTAL
HOURS
BY
TASK LABOR
COST'
BY
TASK
Existing Tree Inventory N/A 8 8 16 $1,280.00
Planting Flans & Detai".s 10 4 35 75 e 114 $9,140.00
Irrigation flans & Details 10 6 12 56 74 $6,030.00
Technical Specifications N/A 2 12 16 10 40 $2,940.00
Quantity & Cost Estimates N/A 1 10 24 8 43 $3,145.00
Plans & Specs Checking N/A 12 10 8 36 $3,070.00
Coord. w/other disciplines N/A 4 20 12 36 $3,140.00
Coord. w/'Village staff N/A 8 16 ~ 24 $2,440.00
0 $0.00
0 $0.00
TOTAL MANHOUR:~ 20
0
37
123
199
0
18
383 --
TOTAL LABOR C03T $0.00 $4,995.00 $10,455.00 $14,925.00 $0.00 $810.00 $31,185.00
\~
V
~~
File: PFRMHestLANDSCAPEIRRIGATION021604.x1s Page 1 of 1 Printed: 2/16!2.004
MILLER, LEGG 8~ ASSOCIATES, INC.
PROFESSIONAL SERVICES FEE PROPOSAL
DATE: February 16, 2004
PROSPERITY FARMS ROAD (North Lake Boulevard to Burns Road)
I~OADWAY DESIGN AND ASSOCIATED SERVICES
ITEM
TASK 4 $~
Of
Sheets PRIN.
Hr. Rate
$185.00 SR. PROJ.
MGR.
Hr. Rate
$135.00 PROJ.
ENG.
Hr. Rate
$95.00 DESIGN
TECH
Hr. Rate
$70.00 CADD
TECH
Hr. Rate
$60.00 CLERICAL
SUP('ORT
Hr. Irate
$4`,>.00 TOTAL
HOURS
BY
TASK LAE30R
COST
BY
TASK
Regulatory Agency
Permitting
SFWMD -Letter Modification N/A 1 4 4 1 10 :800.00
Palm Beach County N/A 2 8 16 4 3 33 $3,345.00
FDEP/USEPA - NPDES N/A 1 4 2 'i 8 :$680.00
- 0 $0.00
__ o $o.oo
_ 0 $0.00
o $o.oo
o ~o.oo
_ _ o $o.oo
_ o _
$o.oo
0 _
$c~.oo
_
TOTAL I~/IANHOUR~i o
2
10
24
0
10
5
51
TOTAL L.AE30R CO~iT $370.00 $1,350.00 $2,280.00 $0.00 $600.00 $22`.1.00 $4,8:?5.00
File. PFRMHestPE:RMITTING021604x1s Page 1 of 1 Printed: ;?/16!2004
MILLER, LEGG 8~ ASSOCIATES, INC.
PROFESSIONAL SERVICES FEE PROPOSAL
DATE: February 16, 2004
PROSPERITY FARMS ROAD (North Lake Boulevard to Burns Road)
ROADWAY DESIGN AND ASSOCIATED SERVICES
ITEM
TASK 5 $~
Of PRIN. SR. PROJ.
MGR. PROJ.
ENG. DESIGN
TECH CADD
TECH CLE=RICAL
SUPPORT TOTAL
FIOURS LABOR
COST
_- Sheets Hr. Rate
185.00 Hr. Rate
135.00 Hr. Rate
95.00 Hr. Rate
70.00 Hr. Rate
60.00 Hr. Rate
45.00 BY
TASK 13Y
TASK
Construction
Contract Bid Doculments - -
Obtain/Review Boilerplate From VNPB N/A 1 2 3 :6325.00
Prepare Bid Forms w/alts (3 max) N/A 1 2 4 _ 6 13 $1,105.00
Assemble Draft Package for VNPB Rvw N/A 1 4 10 10 25 $2,125.00
Assemble Final Packacaes for Bid (10) N/A 3 6 20 29 $1,875.00
0 $0.00
-- ~ 0 $ 0.00
_ 0 $0.00
.- 0 $U.00
- D $0.00
- 0 $U.00
0 $U.00
0
TOTAL f~IANHOURS
TOTAL LABOR COST
2
$370.00
10
$1,350.00
22
$2,090.00
0
$0.00
0
$0.00 0 $0.00
36 70
$1,620.00 $5,430.00
~~
~~ ,
File: PFRMHestCONTRACTBIDDOCS021604.x1s Page 1 of 1
P ri marl ?/1 R!': !l (ld
MILLER, LEGG ~ ASSOCIATES, INC.
PROFESSIONAL SERVICES FEE PROPOSAL
DATE: February 16, 2004
PROSPERITY FARMS ROAD (North Lake Boulevard to Burns Road)
I~OADWAY DESIGN AND ASSOCIATED SERVICES
ITEM
TASK 6 #
Of
Sheets PRIN.
Hr. Rate
$185.00 SR. PROJ.
MGR.
Hr. Rate
$135.00 PROJ.
ENG.
Hr. Rate
$95.00 DESIGN
TECH
Hr. Rate
$70.00 CADD
TECH
Hr. Rate
$60.00 CLERICAL
SUPPORT
Hr. Rate
$45.00 TOTAL
HOURS
BY
TASK LABOR
COST'
BY
TASK
Public Information Mleetings
Master Plan Review Meeting N/A 4 4 8 $1,280.00
Prepare Public Information Materials N/A 1 2 16 8 27 $1,645.00
Community Meetings (1 est.) N/A 4 8 8 20 $2,580.00
Document Community Input N/A 4 4 8 ;720.00
Individual f~rol~erty Owner Meetings N/A 4 16 16 36 $4,42'0.00
(4 max) 0 $0.00
_ o g,o.oo
_ o $o.oo
o _
g,o.oo
_ o $o.oo
_ o $o.oo
_
TOTAL MANHOURS; 0
12
33
26
0
16
12
99
TOTAL LAE30R COST $2,220.00 $4,455.00 $2,470.00 $0.00 $960.00 $540.00 $10,64!i.00
File PFRMHestPUBLICMEETING5021604 xls Page 1 of 1 Pr~~,tP.~ ~~nar.nnd
MILLER, LEGG 8~ ASSOCIATES, INC.
PROFESSIONAL SERVICES FEE PROPOSAL
DATE: February 16,2004
PROSPERITY FARMS ROAD (North Lake Boulevard to Burns Road)
f20ADWAY DESIGN AND ASSOCIATED SERVICES
ITEM
TASK 7 #
Of
Sheets PRIN.
Hr. Rate
$185.00 SR. PROJ.
MGR.
Hr. Rate
$135.00 PROJ.
ENG.
Hr. Rate
$95.00 DESIGN
TECH
Hr. Rate
$70.00 CADD
TECH
Hr. Rate
$60.00 CLERICAL
SUPPORT
Hr. Rate
$45.00 TOTAL
HOURS
BY
TASK LABOR
Cl~Slf
t3Y
T/~SFs
Project Coordination - VNPB
Project Kickoff Meeting N/A 3 4 4 11 $1,475.00
50% Review Submittal & Meetings N/A 1 4 10 10 8 2 35 $2,945.00
90% Review Submittal & Meetings N/A 1 8 16 16 10 ~ 4 55 $4,685.00
Miscellaneous Staff ME~etings (4 ma N/A 4 8 8 _ 4 24 $2,760.00
Village Council Meetings (2 Max) N/A 8 8 16 $2,560.00
0 $0.00
0 $0.00
0 $0.00
__ 0 $G.00
_ 0 $0.00
0 $0.00
__
TOTAL I\~ANHOURS 0
17
32
38
26
18
10
141
TOTAL LABOR COST $3,145.00 $4,320.00 $3,610.00 $1,820.00 $1,080.00 $450.00 $14,125.00
~~
~~
File: PrRMHestPF:OJECT000RG021604 xls Page 1 of 1 Printed: ~/16i2004