HomeMy WebLinkAboutDocumentation_Regular_Tab 10_4/9/2026 Agenda Item #100
Regular Council
A-1
STAFF MEMO
Meeting: Regular Council - Apr 09 2026
Staff Contact: Doug Chambers, Director of Public Department: Public Works
Works
Consider Approval of Work Authorization with Kimley-Horn and Associates for Construction Services
for the Tequesta Drive Bridge Restoration Project
This Work Authorization with Kimley-Horn and Associates is for construction phase services
associated with the Tequesta Drive Bridge Restoration project. These services include construction
oversight, regular site visits, coordination with the contractor, attendance at construction meetings,
review of shop drawings and material submittals, tracking project progress, and assisting the Village
with payment reviews, punch list development, and final project closeout.
These services are intended to provide quality assurance and ensure the work is completed in
accordance with the approved plans, specifications, and contract requirements.
The total cost for these services is not to exceed $43,013.00. Based on the construction cost of
$985,282 submitted by Cone & Graham, this represents approximately 4.0% of the overall
construction cost, which is below typical industry ranges for construction engineering and inspection
(CEI) services.
Approval of these services is recommended with the understanding that an appropriation of funds in
the amount of$43,013.00 will be required in account 301-315-546.340 to fund this work authorization.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET INFORMATION:
BUDGET AMOUNT AMOUNT AVAILABLE EXPENDITURE AMOUNT:
$854,544.00 $854,544.00 $43,013.00
FUNDING SOURCES: 301-315-546.340 IS THIS A PIGGYBACK:
❑ Yes ❑X N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes 0 N/A
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Agenda Item #10.
COMMENTS/EXPLANATION ON SELECTIONThe Contract with Kimley-Horn and Associates is a
competitively bid contract
10
-.TIAL MOTION / DIRECTION REQUESTED:
Staff recommends approval of the Work Authorization with Kimley-Horn and Associates in the amount
of$43,013.00.
,.XTTACHMENTS:
KIMLEY HORN & ASSOCIATES CEI SERVICES
Kimlev-Horn Engineering contract - CCNA Contract Exp. 2028-10-10
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Agenda Item #10.
VILLAGE OF TEUETA
ENGINEERING IN ERVI ES WORK AUTHORIZATION
TEQUES TA D I VE BRID GE#DES T # A TI N BID AND CONS TRUCTION PHA SE SER VICES
This Work Authorization authorizes imle -Horn and Associates, Inc. to perform work set forth
herein and is issued pursuant to The Professional Engineering Services Agreement, between the
Village of Tegue to ("client" or "Village") and imle -Horn and Associates, Inc. `2Kimle -Horn" or
"Consultant"), dated May 12, 201 ("Agreement"). All terms and conditions of said Agreement are
hereby incorporated and made part of this Work Authorization.
PROJECT UNDERSTANDING
I imle -Hera developed -bear Capital Improvement Plan IP for the existing Teque to Drive
bridge (Bridge) located along Tequesta Drive approximately 14 mile west of N. Dixie Highway. The
IP was issued on March 28, 2022 and was developed based on deficiencies that were noted in
the Bridge Inspection Report provided by Transystems Corp. and an assessment report produced
by Kirnley-Horn on September 21, 2021 which assessed the deficiencies noted in the Bridge
Inspection Deport and provided repair recommendations. The village requested imley-Horn
update the unit costs on the CIP in June of 2024 attached as Exhibit A. The Village would like
Construction Drawings with Specifications to detail the repairs needed to restore the deficiencies
noted in the CIP as well as assistance with the biddingipermitting process and limited construction
phase services.
The Village closed the original purchase order associated with the Construction Plans and Bid
Assistance services. The remaining unpaid balance of ,7 8. 0 will be incorporated into a new
Work Authorization to cover the remaining unpaid Bid Assistance services. The Construction
Phase Services task is also included with the new Work Authorization.
SCOPE OF SERVICES
Kirnle -Horn will perform the following services.-
Task 1 — Bid Assistance;
Consultant's scope of work was completed under the Teguesta give Bridge Restoration
Drawings signed by Jeremy Allen} Village Manager, on November 2011, 2024. This task allows
the Client to pay the $3,753 that was remaining in the Bid Assistance task in the Tequeta Drive
Bridge Restoration toration Drawings purchase Order.
Task — Construction Phase Service
I imley-Horn will perform the following construction phase services, on a labor fee plus expense
basis. Labor fee will be billed on an hourly basis according to our then-current rates.
• Organize and conduct a pre-construction meeting before start of construction.
• Blake up to sixteen (16) site visits to observe the progress of the work. Observations will
not be exhaustive or extend to every aspect of Contractor's work, but wiII be limited to spot
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Agenda Item #10.
checking ing and similar methods of general observations. Eased on site visits, consultant
will evaluate whether Contractors work is generally proceeding in accordance with the
construction documents and keep client informed of the general progress of work. Based
on the site visits Consultant will prepare corresponding field reports documenting
observations, the following site visits are anticipated:
o Sidewalk header surface preparations 1 visit)
o Sidewalk longitudinal joint preparation and paver review (2 visits)
c) Spandrel visits)
■ Surface prep
■ Anchor installation
■ Falsework and spandrel positioning
■ Casting of closure pour
■ Spandrel decorative cladding
o Sheet pile installation 2 visits)
o Existing sheet pile wall (surface preparation and application) (3 visits)
o crack repair (2 visits)
o Pre painting meeting (1 visit)
0 Attend up to two 2 construction meetings with Contractor and/or product representatives
to review in-situ conditions / intended product installations and prepare written report
summary of the meeting.
0 Attend virtual construction meetings with the Village and Contractor every other week for
are estimated four 4 month project duration. Meetings will not be more than one 1 hour
long with at least one 1 Kimle -Horn representative in attendance.
• Review up to twelve 1 total of shop drawings, samples, substitutes, and submittals;
which Contractor i s required to subunit, but only for gener+aI conformance with the Contraot
Documents. Such review and any action taken in response will not extend to means,
methods, techniques, equipment choice and usage, schedules, or procedures of
construction or to related safety programs. Any action in response to a shop drawing will
not constitute a change in the Contract Documents, which can be changed only through
the change Orders. The following are anticipated for review:
o Existing SSP Patching Plan
o Existing SSP Surface preparation, containment, and coatings
o New Spandrel Reinforcement
ement
o Spandrel metal fabrications (hangers, support angle)
o Concrete Iliac Design for New Spandrel
o Spal l Repair materials
Epoxy material
• coatings
• Containment Plan
• crack Sealing Material
• Expansion Joint Material
• Sheet pile materials and cap
• Consultant may recommend change Orders to the Client and will review to change
Orders (up to three) submitted or proposed by the Contractor for interpretations,
clarifications and information.
0 Based on its observations and on review of applications for payment and supporting
documentation, Consultant will recommend amounts that Contractor be paid.
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Agenda Item #10.
Recommendations will be based on Consultant's knowledge: information and belief, and
will state whether in Consultant's opinion contractor's work has progressed to the point
indicated: subject to any qualifications stated in the recommendation. consultant'
recommendations will not be a representation that its observations to check contractor's
work have been exhaustive, extended to every aspect of Contractor's work, or involved
detailed inspections.
• When requested by Contractor and client: consultant will conduct a site visit to determine
if the Mork is substantially complete. Work will be considered substantiallycomplete
following satisfactory completion of all items with the exception of those identified on a
final punch list.
• Prepare a punch list of outstanding/deficient repairs at substantial and final completion
• Consultant will conduct a final site visit to evaluate whether the completed Work of
Contractor is generally in accordance with the Contract Documents and the final punch
list so that consultant may recommend final payment to Contractor.
ADDITIONAL SERVICES
Environmental permitting services are not anticipated or included within the above scope.
Any services not specifically provided for in the above scope, as well as any changes in the scope
requested by the Village, will be considered additional services to this Work Authorization and will
be performed based on subsequent Work Authorizations approved prig to performance of the
additional services.
SCHEDULE
We will provide our services as expeditiously as practicable with the goal of meeting a mutually
agreeable schedule.
COMPENSATION
I imley-Horn will perform the scope of services described in Task 1 through Task 3 for the total
lump Burn fee shown below.
Task 1 - Bid Assistance 37753
Total Lump Sure Fee 37753
Task 2 will be performed on a labor fee plus expense basis with the maximum labor fee shown
below. Labor fee will be billed on an hourly basis according to our then-current rates. KimIey-Horn
will not exceed the total maximum labor fee shown without authorization from the client.
Task 2 - construction Phase Services 3 72 0
TE UE TAD IVEBRIDGE RESTORATION D A IN
Accepted by:
Village of Teque to I imley-Horn and Associates} Inc.
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Agenda Item #10.
""000,000
Molly Young Michael F. Schwartz, P.E.
Mayor Sr. Vice President
Date: Date: 3/23/2026
Page 4 of 4
Page 284 of 1201
Agenda Item #10.
Exhibit A
lKimley>>Morn
TEQUESTA DRIVE
r BRIDGE ■• CAPITAL
■ IMPROVEMENT
• ■
Date: March 2022
Project Name: Tequesta Drive Bridge 5 Year CIP
General Conditions
Item No. Observation Recommended Repair Assumptions Origination Tmalrame Quantify Unit Unit Cost Total Cost
1 General staining and discoloration of bridge Paint Powerwash,Class V paint,Containment included,limits
to Include retaining wall portion,includes mobilization Maintenance 5 years 7000 SF $ 8 $ 156,000
2 Corrosion on steel sheet pile on northeast wing wall in-situ coating of steel sheet pile Rust removal,recoating,containment included,limits
include visible portion KH inspection 5 years 1200 SF $ 100 $ 120,000
Spandrel on south side has impact damage Replacment of the damaged section Remove rotated section,dowel into existing upper
3 section,precast spandrel section to match existing.
Paint and mobilization covered in item 1. KH inspection 5 years 1 LS $ 50,000 $ 50,000
4 Concrete cracks at abutments inject&seal concrete cracks Mobilization included with item 1 KH inspection 5 years 95 LF S 350 $ 33,250
5 Water intrusion staining at expansion joint location Replace EJ between sidewalk and bridge Remove damaged expansion joint,clean area
on north and south sides KH inspection 1-5 years 355 LF $ 110 $ 39,050
6 Bridge lights are underwater during high tide Relocate bridge lights 3 feet above current Purchase new lights,install new fixtures 3'up,reroute caner
sition lelectrical,seal. ftDirectedj
cte1-5 years 8 FA $ 1,000 $ 8,000
7 Bat eradication' Fill openings on the underside of the bridge Cleaning of the areas,adding silicone or other fillereer
to prevent bats from roosting. material to the area 1-5 years 1575 LF $ 8 $ 25,100
1.Pending enviammental investigations.Several bat species are federally protected and cannot be removed.
2.Cost estimates for items 1 through 4 assume repairs are perofrmed concurrently under 1 contractor.
Subtotal: $ 431,400
10%Engineering and Permitting: $ 43,140
10%Contingency: $ 43,140
BUDGET TOTAL: $ 517,600
Note:The values shown do not include inflation.The Consultant has no control over the cost of labor,materials,equipment,or over the Contractor's methods of determining prices or over
competitive bidding or market conditions.Opinions of probable costs provided herein are based on the information known at this time and represent only the judgment as a design professional
familiar with the construction industry.This estimate cannot and does not guarantee that proposals,bids,or actual construction costs will not vary from its opinions of probable costs.
Page 285 of 1201
Agenda Item #10.
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Page 286 of 1201
Agenda Item #10.
r
1
GENERAL CONSULTING SERVICES
CONTINUING CONTRACTS
RFQ-PW/Utilities - 03-10-2025/MC
Kimley-Horn and Associates, Inc.
EXECUTED
MAY 2025
MOLLY YOUNG MAYOR
RICK SARTORY VICE-MAYOR
JAYSON E. FRENCH COUNCIL MEMBER
LAURIE BRANDON COUNCIL MEMBER
PATRICK PAINTER COUNCIL MEMBER
JEREMY ALLEN VILLAGE MANAGER
MARJORIE G. CRAIG UTILITIES DIRECTOR
DOUG CHAMBERS PUBLIC WORKS DIRECTOR
WAYNE CAMERON BUILDING DIRECTOR
Page 287 of 1201
'Agenda Item #10.
PROFESSIONAL ENGINEERING ING SERVICES AGREEMENT
This Agreement (Contract) made this YN day of , 2025 by and
between the Village of Tecluest , a public agency of the State of Florida hereinafter designated the"the
VILLAGE" and "OWNER", and i imley-Horn and Associates, Inc., a forth Carolina Corporation with offices
located at 1920 Welkiva way, Suite 200, west Palm Beach, FL 33411, whose Federal I.D. number is 56-
5615, hereinafter designated as "the CONTRACTOR", in consideration of the mutual covenants
hereinafter set forth agree as follows:
ARTICLE 1. TERM.;AGREEMENT EEMENT NOT EXCLUSIVE
1.1 This Agreement shall remain in effect for a terra of three( )years from the date of this Agreement
with two (2) one (1) year options to renew, unless otherwise terminated as provided herein at
Article 13. Each option to renew shall be exorcised autocratically unless either party gives notice
_. to the other at least thirty ( o) days prior to the end of the term of its intent not to renew.
Additionally, the parties may extend the Agreement upon mutually acceptable terms and
conditions. Any such extension shall be in writing and must be executed by both parties. The
_ extension may provide for the completion of all tasks previously authorized by the Village in
accordance with Article 2 unless terminated in accordance with Article 13 hereinbelow, or allowed
to lapse by failure to extend same at the end of the term. Any and all work authorizations issued
during the terra of this Agreement (including any extensions) shall remain in full force and effect
beyond the term of this Agreement(including any extensions)as set forth herein,unless otherwise
terminated in accordance with Article 13 hereinbelow.
1.2 Nothing in this Agreement s h a I I prevent the Village from employing other consultants to perform
the same or similar services. The Village also retains the option, at its sole discretion, to perform
any and all professional engineering services by utilizing Village employees or other engineers.
ARTICLE 2. SERVICES TO BE PERFORMED RMED BY ENGINEER; INSTRUMENT OWNERSHIP
2.1 Engineer shall perform certain professional general civil/engineering services and such other
-_, related services as may be required by the Village from time to time which are specifically
authorized by the Village and set forth in a specific Scope of Services (herein referred to as the
."work"). Each such specific authorization will be referred to as a Work Authorization ('VA").). Each
WA shall be designated as a consecutively numbered exhibit to this Agreement and shall be
attached hereto and incorporated by reference as part of this Agreement. Each WA form will set
forth a specific scope of services,total a mount of compensation and completion date.Are individuaI
WA for projects costing up to seventy fire thousand dollars ($75,0 6.00) must be approved by the
Village Manager prior to commencement of any work by Engineer, as more particularly set forth
below (2.3 — Process). For all projects valued in excess of seventy fire thousand dollars
( ,00 .00), the individual WA must be approved by the Village Council prior to commencement
of any work by Engineer.The above referenced limits are reflective of current Village procurement
policies. Should policies charge throughout the duration of this Agreement the most current
Village policies should appiy.
2.2 All instruments of professional services including, but not limited to, documents, records, dins,
original drawings and/or other information created and/or procured by Engineer for any
authorized Project shall become the property of the Village upon completion of the work for which
the asset was utilized and upon payment by the Village in accordance with the applicable WA and
Article 16.
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Agenda Item #10.
2.3 The Tillage and Engineer will confer prior to the issuance of any WA to discuss the scope of the
Work, the time needed to complete the Work, including phasing, if any, and the fees for services
to be rendered in connection with the work. Thereafter, Engineer will submit a proposed WA to
Village which shall state with specificity and detail the scope of work, the time for completion,
including phasing, if any, and the fees. WAs may divide the Work into individual tasks or phases,
as discussed between the Village and Engineer prior to the issuance of the WA. At the discretion
of Village Manager, WAs for certain general utility and civil services of minimal scope (those that
do not exceed $1 ,000.00 total cost per WA) may be issued verbally for purposes of expediency
but shall be followed up by Engineer with a written WA as soon as practical. Additionally, at the
discretion of Tillage, a written VA for general Work service to be perforated over a specified
period (months, or years) may be issued. In such event, Engineer shall invoice pillage from time to
time, pursuant to Article 3 hereinbelow, against the agreed fees based on authorization from the
Village Manager. Engineer shall commence no Work prior to receipt of Village authorization.
Engineer shall not exceed the fee amount in any WA without prior Tillage authorization, Tillage
agrees to cooperate with Engineer at all times with the provision of plans or other data in the
possession of Village and available in Village files for any work authorized hereunder.
OEM 2.4 Means, Methods & Safety. The Engineer will neither have control over or charge of, nor be
responsible for, the construction means, methods, techniques, sequences or procedures, or for
the safety precautions and programs in connection with the construction of the subject project(s).
ARTICLE 3. COMPENSATION
.1 The pillage shall pay Engineer in accordance with each individual WA; however, such WA skull be
based upon the Fee Schedule attached hereto as Exhibit"A"and incorporated by reference as part
f this Agreement. Compensation based upon such Fee Schedule will be negotiated as a lump sum
price or as an hourly rate for each individual WA as set forth in Article 2 hereinabove. Payments
shall be made by Village to Engineer on a monthly basis, pursuant to the Engineer's invoice for
Work completed.
.2 All requests for payment of "out-of-pocket" expenses which may be eligible for reimbursement
shall be included in the individual WA applicable to the project.Copies of paid receipts, invoices or
other documentation acceptable to the Village Manager may be requested by the Tillage for
docurnentation sufficient to establish that the expense was actually incurred. N o payment will be
made for items not listed on the WA unless approved by the Village Manager prior to the
expenditure by Engineer.
3.3 All fees presented in the Fee Schedule will remain in effect for the duration of the Agreement terra.
If the Agreement is renewed for any additional terms, as outlined in Article 1 of this agreement,
the Engineer may request, through a formal amendment, a change in fees by mutual consent of
both parties.
ARTICLE 4. INSURANCE
�., .1 During the performance of the services under this Agreement, Engineer shall maintain the
following insurance policies written by an insurance company authorized to do business in Florida:
1. Professional liability of$2,000,000 per claim and $2,000,000 aggregate.
2. Commercial General Liability limits of$1,000,000 each occurrence and$2,000,000 aggregate.
. General and Automobile liability insurance with bodily injury limits of not less than $500,000
fog-each person and not less than$ 00,000 for each accident and with property damage limits
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Agenda Item #10.
of not less than $1,0001000 for each accident, and any greater limits as may otherwise be
required by law.
. Workers'' ompen ation insurance in accordance with statutory requirements.
4.2 Engineer shall furnish the V illage certificates of insurance which shall include a provision that policy
cancellation, non-renewal or reduction of coverage will not be effective until at least thirty )
days written notice has been Trade to the Village. Engineer shall include the Village as an additional
insured on the general and automobile liability insurance policies required by the Agreement. All
of Engineer's subcontractors shall be required to include the Village and Engineer as additional
insureds on their general and automobile liability insurance policies. Engineer shall not commence
work under this Agreement or any WA issued hereunder until all insurance required as stated
herein has been obtained and certificates evidencing same are on file with the Village.
ARTICLE 5. STANDARD OF CARE
.1 Engineer shall exercise the same degree of care, skill and diligence in the performance of the
services as is ordinarily provided by a comparable professional under similar circumstances and
shall be obligated to correct services which fall below such standards at no additional Trost to the
Village. Engineer agrees that all services shall be performed by skilled and competent personnel.
ARTICLE LE . INDEMNIFICATION
.1 Engineer agrees to indemnify and hold harmless the Village, its employees and representatives,
from and against any and all claims and liabilities, including all attorneys" fees and court costs
recoverable under applicable laver, including appeals, for which the pillage, its employees and
representatives, can or may be held liable as a result of injury (including death) to persons or
damage to property to the extent caused by the negligence, recklessness,or intentionally wrongful
acts or omissions of Engineer, its employees or agents, including subcontractors, in the
performance of services under this Agreement. Engineer shall not be required to indemnify the
Village or its agents, employees or representatives when are occurrence results from the wrongful
acts or omissions of the Village or its agents, employees or representatives. The terms and
conditions of this Article shall survive the completion of all services,obligations and duties provided
for in this Agreement as well as the termination of this Agreement for any reason.
=_r ARTICLE 7. INDEPENDENT CONTRACTOR
.1 Engineer undertakes performance of the services as an independent contractor and shall be wholly
responsible for the methods of performance utilized. Engineer shall not pledge the Village's credit
or make it a guarantor of payment of surety for any contract, debt, obligation, judgment, lien or
any form of indebtedness. Engineer further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
ARTICLE LE . AUTHORITY TO PRACTICE
.1 Engineer hereby represents and agrees that it has and will continue to maintain all professional
licenses and approvals required to conduct its business, and that it will at all tunes conduct its
business activities in a reputable manner.
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Agenda Item #10.
ARTICLE 9. COMPLIANCE WITH LAWS
.1 In performance of the services, Engineer will comply with applicable and published regulatory
R� requirements, including federal, state, special district and local laves, rules, regulations, orders,
codes, criteria and standards.
ARTICLE 10. Sly BCONTRACTI N
1 .1 The Village reserves the right, in its sole discretion, to accept or reject the use of a subcontractor
and to inspect all facilities of any subcontractor to insure that the selected subcontractors will be
able to perform properly under this Agreement. If a subcontractor fails to perform or rate
progress as required by any 1A and it becomes necessary to replace the subcontractor in order to
complete the work in a timely fashion, Engineer shall promptly provide a replacement, subject to
acceptance of the new subcontractor by the Village.
ARTICLE 11. FEDERAL AND STATE TAXES
11.1 The Village is exempt from federal tax and state sales and use taxes. Upon request, the Village will
provide an exemption certificate to Engineer. Engineer is not exempt from paging sales tax to its
suppliers for materials to fulfill contractual obligations with the Village, nor shall Engineer be
authorized to use the Village's Tax Exemption Number in securing such materials.
ARTICLE LE 12. AVAILABILITY OF FUNDS
12.1 The obligations of the Village under this Agreement and any 1A are subject to the availability of
funds lawfully appropriated for its purpose by the Village Council of the Village of Tequesta.
Engineer may rely on the execution of an individual WA as evidence that funds have been
appropriated.
ARTICLE 1 . TERMINATION OF AGREEMENT
T, 13.1 This Agreement, or any WA issued hereunder, may be terminated by either party with or without
cause upon thirty (30) days prior written notice to the other. Unless Engineer is in breach of this
Agreement, Engineer shall be paid for services rendered to the Village's reasonable satisfaction
through the date of termination. Notice as required hereunder shall be sufficient when provided
in accordance with Article 14 herein below.
ARTICLE 14. NOTICE
14.1 Any notice, demand, communication or request required or permitted hereunder shall be in
meting and delivered in person, by facsimile or sent by certified email as follows:
AS TO VILLAGE WITH COPY To AS TO ENGINEER
Jeremy Allen Keith W. Davis, Esq. Tom Jensen
Village Manager Village Attorney Engineer
Village of Tequesta Davis & Ashton, P.A. I imley-Horn and Associates, Inc.
345 Tequesta Drive 701 Northpoint Parkway., Suite 205 1920 Wekiva Way, Suite 200,
Tequesta, FL 33469 West Palm Beach, FL 33407 West Palm Beach, FL 33411
14.2 Notices shall be effective when received at the addresses as specified above. Facsimile
transmission is acceptable notice effective when received, however, facsimile transmissions
received (i.e., printed) after 5:00 p.m. on weekends or holidays will be deemed received on the
next business day.The original of the notice must additionally be sent by certified mail. Changes in
the respective addresses to which such notice is to be directed may be made from time to time by
either party by written notice seat by regular mail or facsimile to the other party.
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Agenda Item #10.
ARTICLE 15. UNCONTROLLABLE FORCES
15.1 Neither pillage nor Engineer shall be deemed in default of this Agreement if delays or failure of
performance is duo to uncontrollable forces, the effect of which, by the exercise of reasonable
diligence,the nonperforming party could not avoid. The term "uncontrollable forces)"shall mean
- any event which results in the prevention or delay of performance by a party of its obligations
under this Agreement which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidermic, war, riot, civil
_. disturbance, sabotage and governmental actions. The nonperforming party shall, within a
reasonable time of being prevented or delayed from performance by an u nco ntrolla blo force,give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement. Notice as required
hereunder-shall he sufficient when provided in accordance with Article 14 hereinabove.
15.2 Neither party shall, however, be excused from performance if nonperformance is due to forces
which are preventable, removable, or remediable and which the nonperforming party could have,
with the exercise of reasonable diligence, prevented, removed or remedied with reasonable
dispatch.
ARTICLE 16. OWNERSHIP OF DOCUMENTS
16.1 Engineer shall be required to cooperate with other consultants relative to providing information
requested in a timely manner and in the specified form. All instruments of professional services,
including, but not limited to, documents, records, disks, original drawings or other information
created or procured by Engineer for any project which is the subject of this Agreement and an
individual WA shall, upon completion of the work and payment of all monies due Engineer, become
the property of the pillage for its use and/or distribution as may be deemed appropriate by the
Village. However, both parties specifically acknowledge and agree that any reuse of such
documents by the Village, for other than the specific purpose intended, without written
verification and adaption by Engineer for such specific purpose will be at the sole risk of the pillage
and without liability or legal exposure to Engineer.
ARTICLE LE 17. ACCESS AND AUDITS
17.1 Engineer shall maintain adequate records to justify all charges and costs incurred in performing
work authorized under this Agreement and individual WAs for at least three ( ) years after
completion of the applicable project. The pillage shall have access to such books, records and
documents as required in this section for the purpose of inspection or audit during normal working
business hours at Engineer's place of business.
ARTICLE 1 . NON-DISCRIMINATION
18.1 Engineer represents that all of its employees are treated in a fair and equitable manner without
regard to race, color, religion, ender, age or national origin.
ARTICLE 1 . ENFORCEMENT COSTS
�!r
19.1 If any legal action or other proceeding is brought for the enforcement of this Agreement, or
because of are alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Agreement, the successful or prevailing party or parties shall be entitled to
recover reasonable attorneys" fees, court costs and all expenses (including takes) even if not
taxable as court costs (including, without limitation, all such fees, costs and expenses incidental to
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Page 292 of 1201
Agenda Item #10.
appeals), incurred in that action or proceeding, in addition to any other relief to which such party
or parties may be entitled.
ARTICLE 20. GOVERNING LAW AND VENUE
0.1 This Agreement shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Agreement will be held in the state or federal cou its in and for Palm Beach
County and the Agreement will be interpreted according to the laws of Florida.
ARTICLE 21. SUCCESSORS AND ASSIGNS
1.1 The Village and Engineer each binds itself and its partners, successors, assigns and legal
representatives to the other party in this Agreement and to the partners, successors, executors,
administrators,assigns and legal representatives. Engineershall not assign this Agreement without
the express written approval of the Village.
ARTICLE 22. SEVEiAILITY
.1 The invalidity, illegality or unenforceabiiity of any provision of this Agreement, or the occurrence
of any event rendering any portion or provision of this Agreement void, shall in no way affect the
— validity or enforceability of any other portion or provision of the Agreement. Any void provision
shall be deemed severed from the Agreement and the balance of the Agreement shall be construed
and enforced as if the Agreement did not contain the particular portion or provision held to be
void.
ARTICLE LE 23. PUBLIC ENTITY CRIMES
T_- 23.1 Contractor aclnowledges and agrees that a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid,
proposal,or reply on a contract to provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of
a public building or public wort; may not submit bids, proposals,or replies on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier or sub-
contractor under a contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for
CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list. The Contractor will advise the OWNER immediately if it becomes aware of any
violation of this statute.
ARTICLE 24. SCRUTINIZED OMPANIES
.1 Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that
Boycott Israel List and are not engaged in the boycott of Israel. Pursuant to section 287.135,
Florida Statutes,the Owner may immediately terminate this Agreement at its sole option if the
Contractor or any of its subcontractors are found to have submitted a false certification; or if the
Contractor or any of its subcontractors, are placed on the Scrutinized Companies that Boycott
Israel List or is engaged in the boycott of Israel during the term of this Agreement.
24.2 if this Agreement is for one million dollars or more,the contractor certifies that it and its
subcontractors are also not on the Scrutinized Companies with Activities in Sudan List,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in
Page 6 of
J-,
Page 293 of 1201
'Agenda Item #10.
business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes. Pursuant
to Section 287.135,the Owner may immediately terminate this Agreement at its sole option if
the Contractor, or any of its subcontractors are found to have submitted a false certification; or if
the Contractor or any of its subcontractors are Placed on the Scrutinized Companies with
Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, er are or have been engaged with business operations in Cuba or Syria during the
term of this Agreement.
24.3 The Contractor agrees to observe the above requirements for applicable subcontracts entered
into for the performance of work under this Agreement.
24.4 The Contractor agrees that the certifications in this section shall be effective and relied upon b
the OWNER for the term of this Agreement, including any and all renewals.
24.5 The Contractor agrees that if it or any of its subcontractors'status changes in regards to any
certification herein,the Contractorshall immediately notify the Owner of the same.
24.6 As provided in Subsection 287.15( ), Florida Statutes, if federal law ceases to authorize the
above-stated contracting prohibitions then they shall become inoperative.
ARTICLE 25. EMPLOYMENT ELIGIBILITY
25.1 This Agreement is subject to and governed by the laws of the State of Florida, including without
limitation Chapter 448, Florida Statutes, which provides for General Labor Regulations, and
specifically Section 448.095, Employment ent Eligibility.The Contractor acknowledges its legal
obligation to comply with §448.095, Florida Statutes.
i. Pursuant to Section 448. 95, Florida Statutes, beginning January 1, 2021, Contractor shall
register with and use the U.S. Department of Homeland Security's E-Verify system, httPS:He-
vehfv.u.scis.gov/ernp,to verify the work authorization status of all Contractor employees
hired on and after January 1, 221.
ii. Subcontractors—
FMM a. Contractor shall also require all subcontractors performing work under this Agreement to
use the E--Verify system for any employees they may hire during the term of this
Agreement.
b. Contractor shall obtain from all such subcontractors an affidavit stating the
subcontractor does not employ, contract with, or subcontract with an unauthorized
alien, as defined in section 448.095, Florida Statutes.
e. Contractor shall provide a copy of all.subcontractor affidavits to the pillage upon receipt
and shall maintain a copy for the duration of the Agreement.
iii. Contractor must provide evidence of compliance with Section 448.095, Florida Statutes.
Evidence shall consist of an affidavit from the CONTRACTOR starting all employees fired on
and after January 1, 2021, have had their work authorization status verified through the E-
�„ Verify system and a copy of their proof of registration is in the E-Verify system.
iv. Failure to comply with this provision is a material breach of the Agreement and shall result in
the immediate termination of the Agreement without penalty to the Village. CONTRACTOR
Page 7 of 9
Page 294 of 1201
"'Agenda Item #10.
shall be liable for all costs incurred by the Village to secure a replacement Agreement,
including but not limited to, any increased costs for the sarne services, any costs due to delay,
and rebidding costs, if applicable.
ARTICLE 26. OFFICE OF THE INSPECTOR GENERAL
. .1 Pursuant to Article Xll of the Palm Beach County Charter, the Office of the Inspector General has
jurisdiction to investigate municipal matters, review and audit municipal contracts and other
transactions, and make reports and recommendations to municipal governing bodies based on
such audits, reviews or investigations. All parties doing business with the Village shall fully
cooperate with the inspector general ire the exercise of the inspector gen era l`s functions,authority
--• and power.The inspector general has the power to take sworn statements,require the production
f records and to audit, monitor, investigate and inspect the activities of the Village, as well as
contractors and lobbyists of the Village in order to detect, deter, prevent and eradicate fraud,
waste, mismanagement, misconduct and abuses.
ARTICLE 27. PUBLIC RECORDS
r27.1 In accordance with Sec. 119.0 01, Florida Statutes, Engineer must keep and maintain this
Agreement and any other records associated therewith and that are associated with the
performance of the work described herein and in Engineer's proposal. Upon request from Village's
custodian of public records, Engineer must provide Village with copies of requested records, or
allow such records to be inspected or copied, within a reasonable time in accordance with access
and cost requirements of Chapter 119, Florida Statutes. Should Engineer fail to provide the public
records to Village, or fail to make them available for inspection or copying, within a reasonable
time, Engineer may be subject to attorneys fees and costs pursuant to Sec. 119.0701, Florida
Statutes, and other penalties under Sec. 119.1 , Florida Statutes. Further, Engineer shall ensure
that any exempt or confidential records associated with this Agreement or associated with the
performance of the work described herein and in Engineer's proposal are not disclosed except as
authorized by law for the duration of the Agreement term, and following completion of the
Agreement if Engineer does not transfer the records to the Village. Finally, upon completion f the
Agreement, Engineer shall transfer, at no cost to the Village, all public records in possession of
Engineer, or keep and maintain public records required by the Village. If Engineer transfers all
public records to the pillage upon completion of the Agreement, Engineer shall destroy any
.� duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. Engineer shall be entitled to retain a copies of documents it creates for record
purposes, pursuant to the requirements of this Article and Chapter 119, Florida Statutes. If
- Engineer keeps and maintains public records upon completion n f the Agreement, Engineer shall
meet all applicable requirements for retaining public records. Records that are stored electronically
rust be provided to Village, upon request from Village's custodian of public records, in a format
that is compatible with Village"s information technology systems.
IF ENGINEER HAS UE TIOi REGARDING THE APPLICATION OF CHAPTER
- 119, FLORIDA STATUTES, To ENGINEER?ENGINEER?S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT,T, PLEASE CONTACT THE VILLAGE
CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 7 R0 , OR AT
lmcwillia @tegue ta.0r , OR AT 345 TE UESTA DRIVE, TE UE TA,
FLORIDA 334690
Page 8 of
Page 295 of 1201
Agenda Item #10.
ARTICLE 28. ENTIRETY of AGREEMENT
.1 The Village and Engineer agree that this Agreement, including Exhibit "A" "Fee ch dul " and
Engineer's Proposal submitted in response to Village's RFC, which is hereby incorporated into this
Agreement;and all required insurance, licenses and approvals required by this Agreement sets forth
the entire agreement between the pa.rties, and that there are no promises or undorstandin s other
than those stated heroin. None of the provisions,terms and conditions contained in this added to,
modified, superseded or otherwise altered except by written instrument executed by the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have signed two ) copies of this Agreement. At least one
counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract
Documents have been signed or identified by OWNER and CONTRACTOR.
OWNER CONTRACTOR
Village of Tequesta Kim r and,A sociates, Inc.
Y.S ti
345 Tequesta Drive 1920,W ' Mq.,�*(Jfte Zoo{*yri47#t7 1
1/
Tequesta, EL 33469
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M
� r •�5
By: rn
v
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� 4
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t ti
Molly Young, Ma r Jas Le )Vice p rtf
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.
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(VILLAGE SEAL) (CORPORATE SEAL)
ATTEST ATTEST
r
Lori McWilliams, Village Clerk P T NEE AND POSI ION
Page 9 of 9
Page 296 of 1201
Agenda Item #10.
- Ki ley)))Horn
`% Village of Tequesta
General Consulting Services Continuing Contracts
RFQ=PW-Utifities — 03=10=2025/MC
Kimley=Horn and Associates, Inc.
Hourly Labor Rate Schedule
Effective August 1, 2025, the following rates are utilized in calculating invoices for
services:
Job Title/Description Proposed Hourly Rates
Principal $ 325.00
Chief Professional $ 315.00
Senior Project Manager $ 275.00
Project Manager $ 256.00
Senior Professional 11 $ 240.00
Senior Professional [ $ 210.00
Registered Professional $ 190.00
Professional III $ 170.00
Professionalll $ 150.00
Professional $ 140.00
Senior Field Representative $ 225.00
Field Representative $ 150.00
CAD Designer $ 135.00
Administrative Support Staff $ 110.00
1. Rates are subject to adjustment starting July 2026.
2. Hourly rates include all reimbursable costs.
3. No markups/multipliers an subcansu[tant hourly rates are proposed.
Page 297 of 1201
Agenda Item #10.
Opinion of Village Attorney
This is to certify that I have examined the attached Agreement,that after such examination, I am
of the opinion that such documents conform to the laws of the State of Florida,that the execution of the
Agreement is in due and proper form, that the representative of the respective Contracting Parties have
full power and authority to execute such Contract on behalf of the respective Contracting Parties and that
the foregoing agreements constitute valid and binding obligations on such parties.
Keith Davis, squire
Attorney for Village of Tequesta
This the day of 120Cj
mom
Page 298 of 1201
-Agenda Item #10.
Notice to Proceed (NTPI
October 10, 2025
Jason Lee, Vice President
Kimley-Horn and Associates, Inc.
1920 Wekiva Way, Suite 200,
West Palm Beach, FL 33411
PROJECT: General Consulting Services Continuing Contracts
Dear Mr. Lee,
One fully executed copy of your Agreement is enclosed. The commencement date is October 101 2025.
The following completion dates apply:
Final Completion: October 10, 202 (3 calendar years duration from Notice to Proceed)
Your attention is invited to the provision whereby you shall start to perform your obligations under this
Agreement on the commencement date, which shall begin the Agreement; time. Village of Tequesta
Utilities will monitor the progress of the work and conformance with the Agreement.
We look forward to working with you.
Sincerely,
VILLAGE of TEQUESTA
L�4
Marjorie Craig, PE
Village of Tequesta
Director, Utilities Department
Page 299 of 1201
'Agenda Item #10.
a DATE(MM/DDfYYYY)
CERTIFICATE OF LIABILITY INSURANCE
10/9/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the polic (ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lied of such endorsements).
PRODUCER CONTACT
Edgewood Partners Ins Center PHONE Jer No ola FAX
3780 Mansell Rd. Suite 370 Afc ND E - 770.552.4225 AIc No):
AIL
Alpharetta GA 30022 ADD Ess: re tin certs re Iin .corn
INSURER(S)AFFORDING COVERAGE NAIL#
INSURER A. National Union Fire Ins Co of PittsbUrg 1944
INSURED KINILASS INSURER B:Allied World Assurance Co(U.S.) Inc. 19489
Kimley-Horn and Associates; Inc. INSURER c:New Hampshire Insurance Company 23841
421 Fayetteville Street, Suite 600
Raleigh, NC 27601 INSURER o:Lloyd's of London 8 202
INSURER E:
INSURER F: F COVERAGES CERTIFICATE NUMBER:560854317 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN!, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN!REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE lWb'-L SU_...E POLICY EFF POLICY EP LIMITS
LTR 1 R POLICY NUMBER LMMIDWYYYY MMIDDIYYYY
A I X COMMERCIAL GENERAL LfABILITY GL5268169 41112025 4l1l2026 EACH OCCURRENCE S 2,000.000
DAMAGE TO RENTEDE-- CLAIMS-MADE n OCCUR PREMISES Ea occurrence S 1 Oa0,400
X Contractual Liab MED EP(Any one person) $25,000
PERSONAL&ADV IN!URY S 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000.000
POLICY -�-]RE LOC PRODUCTS-COMPIOP AGG S4,000,000
OTHER: S
A AUTOMOBILE LIABILITY CA4489663(AOS) 411/2025 41112026 cam BINED SINGLE LIMIT $2,000,000
A CA2970071 (MA) 411/2025 411J2026 Ea accident- i
X ANY AUTO BODILY INJURY(Per person) S
OWNED SCHEDULED BODILY INJURY(Per accident) S
AUTOS ONLY AUTOS
HIRED X NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident
S
B X UMBRELLA LIAR X OCCUR 03127930 41112025 41112026 EACH OCCURRENCE $5,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000
DED ` RETENTIONS $
C WORKERS COMPENSATION WC067961230(ADS) 4/1f2025 4l112026 X _TATUTE EORH-
C AND EMPLOYERS'LIABILITY Y/N WC013711885(CA) 411/2025 4f112026
ANYPROPRIETOR)PARTNER/r=XECUTIVE E.L.EACH ACCIDENT $2,000,000
OFFICERIMEMBEREXCLUDED? ``" J NIA
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 2,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000
D .Professional Liability B0146LDUSA2504949 4f1l2025 4J112026 Per Claim $2,000,000
Aggregate $2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Re: General Professional Services Contract.The Village of Tequesta is named as an Additional Insured with respects to General&Automobile Liability where
required by written contract.Should any of the above described policies be cancelled by the Issuing insurer before the expiration date thereof,30 days'written
notice(except 10 days for nonpayment of premium)will be provided to the Certificate Holder.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Village of Tequesta
345 Tequesta Drive AUTHORIZED REPRESENTATIVE
Tequesta FL 33469
/,r"4A, -- -•`
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(201 103) The ACORD name and logo are registered marks of ACORD
Page 300 of 1201