Kimley-Horn Civil Engineering Contract Kimley>>)Horn
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July 21, 2023
David Allen
Public Works Director
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
Re: SE 4th Street Drainage Improvements—Construction Phase Services
Dear Mr. Allen:
Kimley-Horn and Associates, Inc., ("Kimley-Horn") is pleased to submit this proposal to the City of
Okeechobee ("City") for professional civil engineering services for improvements to the drainage
system on SE 4'h Street, (the "Project") located in Okeechobee County, Florida. Our project
understanding, scope of services, and fee are described below.
Project Understanding
The City previously requested design services for improvements to the SE 4'h Street drainage system.
Bids have been received for the project and award is anticipated this month. The City has requested
that Kimley-Horn perform construction phase engineering services to support the City during
construction of these improvements.
Based on this understanding, our detailed scope of services is provided below.
Scope of Services
Kimley-Horn will perform the following services during construction.A more detailed description of each
of the bulleted services follows later in this proposal.
• Pre-Construction Meeting attendance
• Bi-weekly progress meeting attendance for the 2-month construction duration (up to 4 virtual
meetings)
• Visits to the site including field reports and photographs(approximately 2-3 times per week during
baffle box installation and 1-2 times per week during demolition and restoration, up to 16 visits)
• Recommendations with Respect to Defective Work
• Clarifications and interpretations
• Change order review
• Shop drawing review/ review of proposed substitutions
• Review of testing lab reports
• Payment application review(up to 3 applications)
• Substantial completion walk-through and punch list development
• Final acceptance walk-through
• Record drawing review
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The following is a more detailed description of the services that will be performed.
Pre-Construction Conference. Consultant will attend a Pre-Construction Conference before the start
of construction.
Visits to Site and Observation of Construction. Consultant will make visits as described above to
observe the progress of the work. Observations will not be exhaustive or extend to every aspect of
Contractor's work, but will be limited to spot checking, and similar methods of general observation.
Based on the site visits, Consultant will evaluate whether Contractor's work is generally proceeding in
accordance with the Contract Document and keep Client informed of the general progress of the work.
Consultant will not supervise, direct, or control Contractor's work, and will not have authority to stop the
Work or responsibility for the means, methods, techniques, equipment choice and use, schedules, or
procedures of construction selected by Contractor, for safety programs incident to Contractor's work,
or for failure of Contractor to comply with laws. Consultant does not guarantee Contractor's
performance and has no responsibility for Contractor's failure to perform in accordance with the
Contract Documents.
Consultant is not responsible for any duties assigned to it in the construction contract that are not
expressly provided for in this Agreement.
Recommendations with Respect to Defective Work. Consultant will recommend to Client that
Contractor's work be disapproved and rejected while it is in progress if Consultant believes that such
work will not produce a completed Project that generally conforms to the Contract Documents.
Clarifications and Interpretations. Consultant will respond to reasonable and appropriate Contractor
requests for information made in accordance with the Contract Documents and issue necessary
clarifications and interpretations. Any orders authorizing variations from the Contract Documents will
be made only by Client.
Change Orders. Consultant may recommend Change Orders to the Client and will review and make
recommendations related to Change Orders submitted or proposed by the Contractor.
Shop Drawings and Samples. Consultant will review Shop Drawings and Samples and other data
which Contractor is required to submit, but only for general conformance with the Contract 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.
Inspections and Tests. Consultant may require special inspections or tests of Contractor's work, and
may receive and review certificates of inspections within Consultant's area of responsibility.
Consultant's review will be solely to determine that the results indicate compliance with the Contract
Documents and will not be an independent evaluation that the content or procedures of such
kimley-horn.com 1920 Wekiva Way, Suite 200,West Palm Beach, FL 33411 561 845 0665
Kimley>>>Horn
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inspections, tests, or approvals comply with the Contract Documents. Consultant is entitled to rely on
the results of such tests.
Disputes between Client and Contractor. Consultant will, if requested by Client, render written decision
on all claims of Client and Contractor relating to the acceptability of Contractor's work or the
interpretation of the requirements of the Contract Documents. In rendering decisions, Consultant shall
be fair and not show partiality to Client or Contractor and shall not be liable in connection with any
decision.
Applications for Payment. Based on its observations and on review of applications for payment and
supporting documentation, Consultant will recommend amounts that Contractor be paid.
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's 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.
Substantial Completion. When requested by Contractor and Client, Consultant will conduct a site visit
to determine if the Work is substantially complete. Work will be considered substantially complete
following satisfactory completion of all items with the exception of those identified on a final punch list.
Final Notice of Acceptability of the Work. 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
Any services not specifically provided for in the above scope,as well as changes in the scope requested
by the City, will be considered additional services and will be performed based on proposals approved
prior to performance of the additional services.
Information and Services Provided by Client
The following information and services shall be provided to Kimley-Horn by the City:
• Access to the project site
Schedule
We will provide our services as expeditiously as practicable with the goal of meeting a mutually-
agreed-upon schedule. It is anticipated that services will begin in August 2023. Construction is
expected to be complete in September 2023. Fees for engineering services are based on this
duration. Services performed beyond this duration will be considered additional services.
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Fee and Expenses
Kimley-Horn will perform the scope of services, excluding meetings, for the total lump sum fee listed
below.All permitting, application, and similar project fees will be paid directly by the Client. Lump sum
fee will be invoiced monthly based upon the overall percentage of services performed.
Construction Phase Services $34,416.56
Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to,
the Executed Contract Agreement for Professional Engineering Services between the City of
Okeechobee and Kimley-Horn and Associates, Inc. dated January 181h, 2022, which are incorporated
by reference. As used in the Agreement, "Engineer" shall refer to Kimley-Horn and Associates, Inc.,
and"Client"shall refer to The City of Okeechobee.
Kimley Horn will begin services after receiving a fully executed Task Assignment from the City of
Okeechobee.
We appreciate the opportunity to perform these services for you! Please contact Lauren Smith at(561)
840-0801 or lauren.smith(a�kimley-horn.com if you have any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
'/+`/]i oUAV
By: �Kevin Schanen, P.E. Lauren Smith, P.E.
Sr.Vice President I Principal Project Manager
Approved by the City Council On. �/J L:
Attachment ✓✓
bowling R.Watford,Jr.,Mayor,
ii
Lane Ga iotea,CMC,City lerk •
,zy
REVIEWED L SU EN
John J.Fumero, City Attorhe
Nason Yeager Gerson Harr &Fu ro, P.A.
kimley-horn.com 1920 Wekiva Way,Suite 200,West Palm Beach, FL 33411 561 845 0665
ESTIMATE FOR ENGINEERING SERVICES
PROJECT: ISE 4th Street Drainage Improvements-Construction Phase Services
CLIENT: ICiry of Okeechobee
ESTIMATOR: Lauren Smith 07/12/23
DESCRIPTION: DIRECT LABOR (HOURS)
See Statement of Work Principal Senior Registered Professional 7 Professional Designer Senior SUB EXP LINE
Professional Professional 2 I Support Staff TOTAL
Construction Phase Services
Pre-Construction Meeting 40 6.0 4.0 4.0 1.0 S160,00 S3,297.02
Progress Meetings(bi-weekly,up to 4,virtual) 4.0 8.0 2.0 $1,747.48
Site Visits(up to 16) 8.0 80.0 _ 51.280 00 $15.280.80
Clarifications and Interpretations 6.0 8.0 SI,860.36
Change Order Review 4.0 40 I S1,08488
Shop Drawing Review 1 0 4.0 8 0 10 S1,900 80
Testing Lab Report Review 3.0 6.0 S1,163.22
Payment Application Review(up to 3) 3.0 3.0 6.0 51.641.84
Substantial Completion Walk-Through 4.0 6,0 4.0 4 0 1.0 $160.00 S3,297 02
Final Acceptance Walk-Through 40 4.0 4.0 $16000 $1.883.04
Record Drawing Review I 1.0 2.0 60 $1,260.10
TOTAL HOURS 0.0 10.0 50.0 95.0 58.0 0.0 5.0 I S0.00 S1,760.00
LABOR(S/HOUR) S291.48 S251.58 S154.70 $159.54 S116.52 S109.05 S98.26I 1.000 1.000
TOTALS! 50.00 S2,515.80I 57,735.00 S15,156.30 56,758.16 S0.00 S491.30I S0.00 $1,760.00 S34,416.56
K\WPB_WaterResources\General\Smith\Marketing\Proposals\City Okeechobee\SE 4th Street CPS\2023_0712_Estimate.xlsx 7/24/2023