R24-062 1 RESOLUTION NO. R24-062
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING
5 THE FIRST AMENDMENT TO TASK ORDER NO. UT-2D-05 WITH CALVIN,
6 GIORDANO, & ASSOCIATES, INC., FOR ADDITIONAL PROFESSIONAL
7 ENGINEERING SERVICES REQUIRED FOR THE DESIGN OF A 12" WATER MAIN
8 THE SE 36TH AVE. / GULFSTREAM BLVD. PROJECT IN THE AMOUNT OF
9 $52,333.00; AND PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
10 PURPOSES.
11
12
13 WHEREAS, on February 16, 2021, the City Commission approved Task Order UT- 2D -05
14 with Calvin, Giordano, and Associates, Inc., for the engineering design and permitting of the
15 replacement road for SE 36th Ave./Gulfstream Blvd.; and
16 WHEREAS, the First Amendment provides an updated scope of services for the
17 engineering, design, and permitting of SE 36th Ave./Gulfstream Blvd.; and
18 WHEREAS, the engineering design will allow the 12"water main to improve service to the
19 surrounding neighborhoods and to provide service to the Town of Gulfstream; and
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in
21 the best interests of the citizens and residents of the City of Boynton Beach to approve the First
22 Amendment to Task Order UT-2D-05 with Calvin, Giordano, & Associates, Inc., in the amount of
23 $52,333 for professional engineering services required for the design of a 12" water main for
24 future service to the Town of Gulfstream.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
26 BEACH, FLORIDA, THAT:
27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
30 SECTION 2. The City Commission hereby approves the First Amendment to Task Order
31 UT-2D-05 with Calvin, Giordano & Associates, Inc. in the amount of $52,333, for professional
32 engineering services required for the design of a 12" water main for future service to the Town of
33 Gulfstream, in form and substance similar to that attached as "Exhibit A," and authorizes the City
34 Manager to execute the First Amendment.
35 SECTION 3. The fully executed Amendment shall be retained by the City Clerk as a
36 public record of the City, and a copy shall be provided to Moisey Abdurakhmanov to forward to
37 the vendor.
38 SECTION 4. This Resolution shall take effect as provided by law.
39 PASSED AND ADOPTED this 21st day of May 2024.
40 CITY OF BOYNTON BEACH, FLORIDA
41
42 YES / NO
43 Mayor—Ty Penserga
44
45 Vice Mayor—Aimee Kelley
46
47 Commissioner—Angela Cruz
48
49 Commissioner—Woodrow L. Hay
50 /
51 Commissioner—Thomas Turkin
52
53 VOTE S-0
54
55
56
57 ATTEST:
58
59
ilL
60
61 Maylee De - us, MPA, MC Ty Pens:Fla
62 City Clerk Mayo
63 --0VNTO/1j�‘`,
64 f rlc..o,P.nAtF•• ., �, APPROVED AS TO FORM:
65 (Corporate Seal) °5 t1 A L 1,
•
66 v ORATED; J. 04#7 ,67 ;1NCORP sEO
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68 �� Shawna G. Lamb
69 �.� FLOR\OP City Attorney
70
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111
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FIRST AMENDMENT TO TASK ORDER NO. UT-2D-05 WITH CALVIN, GIORDANO &ASSOCIATES, INC.
FOR SE 36T"AVENUE WATER MAIN PHASE 1
This First Amendment ("First Amendment") is between the City of Boynton Beach, a municipal
corporation organized and existing under the laws of Florida,with a business address of 100 East Ocean
Avenue, Boynton Beach, FL 33435 ("City"), and Calvin, Giordano & Associates, Inc., a Florida
corporation with its principal place of business at 180 Eller Drive, Ste. 600, Fort Lauderdale, FL 33316
("Consultant") (each a "Party, and collectively referred to as the "Parties").
RECITALS
A. On August 20, 2018, the City and Consultant entered into an Agreement for General
Consulting Services ("Agreement"), which authorized the City to issue task orders for projects on an
as-needed basis.
B. On February 16, 2021, the City Commission approved Task Order UT-2D-05 (the
"Task Order") for the engineering design and permitting of the replacement road for SE 36th
Ave/Gulfstream Blvd. (the "Project").
C. The Parties desire to execute a First Amendment to the Task Order so Consultant can
provide additional design phase tasks including permitting, construction drawings, and project
management services to City regarding the Project and to adjust the fees; and
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this First Amendment shall retain the meaning
ascribed to such terms in the Agreement.
2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain
in full force and effect.
3. Additional Services. The Scope of Services of the Task Order is hereby amended to provide
additional design, permitting, and bid document preparation services for a new 12-inch
transmission water main on SE 36th Avenue within the City's right-of-way from Seacrest Boulevard
to just west of the FEC Railway, as further detailed in Exhibit A, attached hereto.
First Amendment to CGA Task Order for Gulfstream Watermain
SRW (2.13.24) Page 1 of 9
4. Fee. The fee for the additional services described above in Section 3 shall be Fifty-Two
Thousand Three Hundred Thirty-Three Dollars ($52,333.00) with the fee breakdown per task
described in Exhibit B, attached hereto. The total Fee to be paid to Consultant under this Task Order
is amended to Two Hundred Forty-Nine Thousand Two Hundred Ninety-Five Dollars ($249,295.00).
5. Agreement Reference. This First Amendment shall be performed under the terms and
conditions described within the Agreement, as amended.
6. Additional Terms. The following new sections are added to the Agreement and Task Order
as follows:
Public Entity Crime Act. Consultant represents that it is familiar with the requirements and
prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and
represents that its entry into this Agreement will not violate that Act. Consultant further
represents that there has been no determination that it committed a "public entity crime"
as defined by Section 287.133, Florida Statutes, and that it has not been formally charged
with committing an act defined as a "public entity crime" regardless of the amount of money
involved or whether Consultant has been placed on the convicted vendor list.
Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Consultant
represents that it has not been placed on the "discriminatory vendor list" as provided in
Section 287.134, Florida Statutes, and that it is not a "scrutinized company" pursuant to
Sections 215.473 or 215.4725, Florida Statutes. Consultant represents and certifies that it is
not, and for the duration of the term will not be, ineligible to contract with City on any of
the grounds stated in Section 287.135, Florida Statutes. Consultant represents that it is, and
for the duration of the Agreement Task Order term will remain, in compliance with Section
286.101, Florida Statutes.
Verification of Employment Eligibility. Consultant represents that Consultant and each
subcontractor have registered with and use the E-Verify system maintained by the United
States Department of Homeland Security to verify the work authorization status of all newly
hired employees in compliance with the requirements of Section 448.095, Florida Statutes,
and that entry into this Agreement will not violate that statute. If Consultant violates this
section, City may immediately terminate the Agreement and this Task Order for cause and
Consultant shall be liable for all costs incurred by City due to the termination.
7. The Parties acknowledge and agree that the Task Order is governed by the terms and
conditions of the Agreement. Accordingly, the following sections are deleted from the Task Order
in their entirety: "Reimbursable Expenses," "Meeting Attendance," "Terms of the Agreement,"
"Miscellaneous Provisions," and "Termination of the Agreement."
First Amendment to CGA Task Order for Gulfstream Watermain
SRW (2.13.24) Page 2 of 9
8. In the event of any conflict or ambiguity between this First Amendment,the Task Order, and
the Agreement, the Parties agree that this First Amendment shall control. The Agreement, and Task
Order, as amended herein by this First Amendment, incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and understandings applicable to the
matters contained herein, and the Parties agree that there are no commitments, agreements, or
understandings concerning the subject matter hereof that are not contained in the Agreement, and
Task Order, as amended in this First Amendment. Accordingly, the Parties agree that no deviation
from the terms hereof shall be predicated upon any prior representations or agreements, whether
oral or written.
9. Preparation of this First Amendment has been a joint effort of the Parties and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against
one of the Parties than any other.
10. Consultant acknowledges that through the date this First Amendment is executed by
Consultant, Consultant has no claims or disputes against City with respect to any of the matters
covered by the Agreement.
11. The effective date of this First Amendment shall be the date of complete execution by the
Parties.
12. This First Amendment may be executed in counterparts, whether signed physically or
electronically, each of which shall be deemed to be an original, but all of which, taken together,
shall constitute one and the same amendment.
First Amendment to CGA Task Order for Gulfstream Watermain
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IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly
authorized representatives.
CITY OF BOYNTON BEACH CALVIN, GIORDANO : A SSOCIATES, INC.
..._,___:Th______.
/1/.
Daniel Duggera City Manager Jenna M i • ti, PE, Director of Engineering
Date: c-la2ADate: ?�I?,V
Approved as to Form:
AA. LA'' ,Al•CiZe
Shawna G. Lamb,City Attorney ___,,,,\_
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Att: -d/Authenticated:to , ; c) `' ',
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Maylee De -sus, MMC . y Clerk ��+‘‘ •........
FLOR��P�
First Amendment to CGA Task Order for Gulfstream Watermain
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EXHIBIT A
SCOPE OF WORK
I. 60% DELIVERABLES
1.1 Subsurface Utility Investigation (by Subconsultant)
1.1.1 Up to ten test holes will be provided to assist with the design of the
proposed improvements. The test holes will help confirm the horizontal
and vertical locations of existing utilities and will be incorporated into the
design plans. For each test hole performed, a report will be provided that
summarizes the type of utility found, size, material, depth from surface,
horizontal distance from fixed objects in the field, and pipe direction.
1.2 Design
1.2.1 Review any available as-builts and the existing topographic survey
(prepared by others), and the findings from the Subsurface Utility
Investigation.
1.2.2 Explore alignment options for an open cut installation of the new water
main while taking into account connections to existing water mains on
side streets.
1.2.3 Although the scope only includes Phase 1 water main, CGA will explore a
few conceptual options for Phase 2 water main and meet with FEC
Railway and the Florida Department of Transportation (FDOT) to
determine any specific requirements and conditions of crossing their
rights-of-way. Attend one field meeting with COBB and one conceptual
review meeting for the Phase 2 layout.
1.2.4 Lay out water main plan and profile views on new plan sheets utilizing the
same viewport limits as the existing plans. Before refining the details of
the new plan and profile views, submit the general water main alignment
to COBB for review and comment/approval.
1.2.5 Conduct an internal quality assurance/quality control (QA/QC) review.
1.2.6 Add new line items into the existing cost estimate for the streetscape
project for this new water main infrastructure.
1.2.7 Submit the 60% plans and cost estimate to COBB for review. Attend a
meeting with COBB to review the 60% deliverables. Address questions
and comments, as needed.
First Amendment to CGA Task Order for Gulfstream Watermain
SRW (2.13.24) Page 5 of 9
II. PERMITTING
11.1 Prepare and submit permit application packages to the following Agencies to obtain
approval to construct the new water main:
11.1.1 Florida Department of Environmental Protection — Division of Water
Resource Management
11.1.2 Palm Beach County Engineering and Public Works— Land Development
11.2 Address comments, revise documents, and resubmit as needed.
III. 100%DELIVERABLES
III.1 Prepare 100% plans and technical specifications after permit approvals.
Specifications shall utilize the Construction Specifications Institute (CSI) 16-division
Master Format, and new specifications shall be incorporated into the existing
specifications for the streetscape project. CGA shall utilize COBB's standard utility
specifications for the proposed water main.
III.2 Conduct a final internal QA/QC review.
III.3 Prepare a 100%cost estimate.
III.4 Submit 100% plans, technical specifications, and cost estimate to COBB for review.
Attend a meeting with COBB to review the 100% deliverables. Address questions,
comments, and resubmit revised documents to COBB, if needed.
IV. ASSUMPTIONS AND EXCLUSIONS
IV.1 COBB acknowledges that CGA has no control over costs of labor, materials,
competitive bidding environments and procedures, unidentified field conditions,
financial and/or market conditions, or other factors likely to affect the cost estimates
of this project, all of which are and will unavoidably remain in a state of change,
especially in light of the high volatility of the market. COBB further acknowledges
that this is a "snapshot in time" and that the reliability of cost estimates will
inherently degrade over time.
IV.2 The scope specifically excludes permitting within FEC Railway right-of-way or
anywhere else outside of the Project Limits. The scope included for preapplication
meetings with FDOT and FEC is just to determine a conceptual option for the new
water main in Phase 2.
IV.3 The Subsurface Utility Investigation restoration of test holes only includes backfilling
First Amendment to CGA Task Order for Gulfstream Watermain
SRW (2.13.24) Page 6 of 9
with native soils and asphalt cold patch for the approximate 12-inch-by-12-inch
excavations in the roadway.
IV.4 Permit application and plan review fees shall be the responsibility of others.
IV.5 Construction Administration services are excluded but can be provided under a
separate proposal.
IV.6 Maintenance of Traffic (MOT), Traffic Control Plans, or any other plans not
specifically listed herein are excluded.
IV.7 Bidding services shall be provided under the previously executed contract for the
streetscape project since the Phase 1 water main improvements are being
incorporated into the streetscape project bid documents.
First Amendment to CGA Task Order for Gulfstream Watermain
SRW (2.13.24) Page 7 of 9
PROJECT LOCATION EXHIBIT(PALM BEACH COUNTY AND BOYNTON BEACH RIGHT-OF-WAY
ONLY)
COBB SE 36th Ave WM PH1 e ,�, : -'71110-, : .
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First Amendment to CGA Task Order for Gulfstream Watermain
SRW(2.13.24) Page 8 of 9
EXHIBIT B
FEES
Civil Engineering Subconsultants
abor Category Clerical/ SUE
Project Manager Engineer CADD Technician
Administrative (US Potholing)
Tcent Utilization 50.8% 8.1% 20.1% 0.6% CGA 24.5%
bor Rate with $200.00 $137.00 $100.00 $79.00 Hours Cost
ultiplier
Sub- I Sub- Sub- Sub-
Subtot
Task Task Name Hours total ($) Hours total Hours total Hours total al
umber ($1 ($) ($)
1 60% 75.0 $15,000.00 9.0 $1,233.00 83.0 $8,300.00 0.0 $0.00 167.0 $10,670.00 $35,203.00
Deliverables
2 Permitting 30.0 $6,000.00 6.0 $822.00 12.0 $1,200.00 4.0 $316.00 52.0 $0.00 $8,338.00
100%
3 Deliverables 28.0 $5,600.00 16.0 $2,192.00 10.0 $1,000.00 0.0 $0.00 54.0 $0.00 $8,792.00
TOTAL 133.0 $26,600.00 31.0 $4,247.00 105.0 $10,500.00 4.0 $316.00 273.0 $10,670.00 $52,333.00
*Each task will be billed on a Lump Sum basis as a percentage of progress.
First Amendment to CGA Task Order for Gulfstream Watermain
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