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R24-272 1 RESOLUTION NO. R24-272 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO TASK 5 ORDER NO. UT-2D-05 WITH CALVIN,GIORDANO&ASSOCIATES,INC., 6 FOR 36TH AVENUE WATER MAIN PHASE 1 & 2; AND FOR ALL OTHER 7 PURPOSES. 8 9 WHEREAS, on August 20, 2018, the City and Calvin, Giordano, and Associates, Inc. 10 ("Consultant") entered into an Agreement for General Consulting Services ("Original Agreement"), 11 which authorized the City to issue task orders for projects on an as-needed basis; and 12 WHEREAS, on February 16, 2021, the City Commission approved Task Order UT- 2D -05 13 (the "Original Task Order") with the Consultant for the engineering design and permitting of the 14 replacement road for SE 36th Ave./Gulfstream Blvd. (the "Project"); and 15 WHEREAS, on May 21, 2024, the City Commission approved the First Amendment to the 16 Original Task Order for the Consultant to provide additional design phase tasks, including 17 permitting, construction drawings, and project management services to the City regarding the 18 Project and to adjust the fees (the "First Amendment") (the Original Task Order and First 19 Amendment are collectively referred to as the "Task Order"); and 20 WHEREAS, the Parties desire to execute a Second Amendment to the Task Order so the 21 Consultant can provide additional services regarding the Project, including designing, permitting, 22 and preparing bid documents for a new 12-inch transmission water main (Phase 2) and providing 23 limited construction administration services for the entirety of the Project (Phase 1 Water Main, 24 Phase 2 Water Main, and the SE 36th Ave Streetscape projects); and 25 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 26 best interests of the city's citizens and residents to approve the Second Amendment to Task Order 27 No. UT-2D-05 with Calvin, Giordano & Associates, Inc., for 36th Avenue Water Main Phase 1 & 2. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 30 BEACH, FLORIDA, THAT: 31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption. 33 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 34 approve the Second Amendment to Task Order No. UT2D-05 with Calvin, Giordano &Associates, 35 Inc., for 36th Avenue Water Main Phase 1 & 2 (the "Amendment"), in form and substance similar 36 to that attached as "Exhibit A." 37 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 38 authorizes the Mayor to execute the Amendment. 39 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record 40 of the City. A copy of the fully executed Amendment shall be provided to Moisey Abdurakhmanov 41 to forward to the Consultant. 42 SECTION 5. This Resolution shall take effect in accordance with law. 43 44 PASSED AND ADOPTED this -t�� day of kNe,nY1\\oV 2024. 45 CITY OF BOYNTON BEACH, FLORIDA 46 nY- NO 47 Mayor—Ty Penserga 48 49 Vice Mayor—Aimee Kelley 50 51 Commissioner—Angela Cruz 52 53 Commissioner—Woodrow L. Hay 54 ✓ 55 Commissioner—Thomas Turkin 56 57 VOTE f-� 58 ATT. 59 / /60 �'.A, L�1 ip _ �! _/_4 N $ 7u Y1` 61 Maylee D.• Je: s, MPA, M Tyke-. a 62 City Clerk i May' � 63 O� BAY . � 64 G;••'• CORpop9•.2..� APPROVED AS TO FORM: 65 (Corporate Seal) 400• 14 1 �� �ie'$ 66 R f % 9 Aitha 67 CIO .. 68 ''‘#?°.....••••'� Shawna G. Lamb 69 ``'01WD'4 _ = City Attorney Y OM �I� O ‘,P hroN SECOND AMENDMENT TO TASK ORDER NO. UT-2D-05 WITH CALVIN, GIORDANO&ASSOCIATES, INC. FOR SE 36TH AVENUE WATER MAIN PHASE 1 & 2 This Second Amendment("Second 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("Original 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 "Original Task Order") for the engineering design and permitting of the replacement road for SE 36th Ave/Gulfstream Blvd. (the "Project"). C. On May 21, 2024,the City Commission approved the First Amendment to the Original Task Order for Consultant to provide additional design phase tasks, including permitting, construction drawings, and project management services to the City regarding the Project and to adjust the fees (the "First Amendment") (the Original Task Order and First Amendment are collectively referred to as the "Task Order"); and D. The Parties desire to execute a Second Amendment to the Task Order so the Consultant can provide additional services regarding the Project, including designing, permitting, and preparing bid documents for a new 12-inch transmission water main(Phase 2)and providing limited construction administration services for the entirety of the Project(Phase 1 Water Main, Phase 2 Water Main, and the SE 36th Ave Streetscape projects). 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 Second Amendment shall retain the meaning Second Amendment to CGA Task Order for Gulfstream Watermain SRW (10.16.24) Page 1 of 11 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 just west of the FEC Railway east to the east side of Federal Hwy (approximately 980 LF of water main) and limited construction administration services for the entirety of the Project (Phase 1 Water Main, Phase 2 Water Main, and the SE 36th Ave Streetscape projects), as further detailed in Exhibit A, attached hereto. 4. Fee. The fee for the additional services described above in Section 3 shall be Two Hundred Seven Thousand Two Hundred Seventeen and 60/100 Dollars ($207,217.60) 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 Four Hundred Sixty-Five Thousand Five Hundred Twelve and 60/100 Dollars ($465,512.60). 5. Agreement Reference. This Second Amendment shall be performed under the terms and conditions described within the Agreement. 6. Continuation of Task Order Services beyond Expiration of Agreement. The Parties acknowledge that the Agreement expired; however, the Task Order work remains incomplete. Accordingly,the Parties agree the work is permitted to continue beyond the term of the Agreement. Consultant shall complete the Task Order without regard to whether such completion would cause services to be performed after the expiration date of the Agreement. The Task Order may be amended after the Agreement expiration date, provided that any additional services, time, and compensation are permitted under the Agreement. The terms and conditions of the Agreement shall continue to govern this Task Order notwithstanding the expiration of this Agreement. 7. In the event of any conflict or ambiguity between this Second Amendment, the Task Order, and the Agreement, the Parties agree that this Second Amendment shall control. The Agreement, and Task Order, as amended herein by this Second 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. Second Amendment to CGA Task Order for Gulfstream Watermain SRW (10.16.24) Page 2 of 11 8. Preparation of this Second 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. 9. Consultant acknowledges that through the date this Second Amendment is executed by Consultant, Consultant has no claims or disputes against City with respect to any of the matters covered by the Agreement. 10. The effective date of this Second Amendment shall be the date of complete execution by the Parties. 11. This Second 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. Second Amendment to CGA Task Order for Gulfstream Watermain SRW (10.16.24) Page 3 of 11 IN WITNESS WHEREOF, the Parties have executed this Second Amendment by their duly authorized representatives. CITY OF BOYNTON BEACH CALVIN, GIORDANO&ASSOCIATES, INC. - „owe a" D9-gr-a- r) Ty Penser ; ayor David Stambaugh, PE, DBIA, Vice President of Professional Services Date: l//i 'Lp Lf Date: 10/21/2024 Approved as to'ARO J. blimb Shawna G. Lamb,City Attorney 7 g0YNT0`' ��• .GpRPORq::•.:11 V: 4 Att- te. Aut•enticat-d ���I, .:_ . $ . INCO ' I L, 10 � RPORATED: .___.. /1'11 ••'• 1920 f Maylee D: J• s, MMC City ' erk 11'x.LnRl �P - Second Amendment to CGA Task Order for Gulfstream Watermain SRW(10.16.24) Page 4 of 11 EXHIBIT A SCOPE OF WORK 1. 30% DELIVERABLES I.1 Survey I.1.1 Identify platted rights-of-way (including bearing and distances for centerline) lot numbers, house addresses, ownership lines, block numbers, and platted easements within the Project Limits. I.1.2 All above ground improvements within the Project Limits will be field collected,with horizontal locations and vertical elevations being provided for such items as edge-of-pavement, sidewalks,driveways,access points / curb cuts and visible above ground utilities. Visible above ground utilities refer to the visible structures(e.g.,manholes,valve boxes,inlets, etc.) typically associated with storm drainage, sanitary sewer, potable water, electric, gas, telephone, and cable television. I.1.3 Data for pipe sizes, type of material, direction of flow and invert elevations will be obtained for any accessible manholes of storm and sewer manholes / inlets within the Project Limits including the next structure in the line of flow outside of the Project Limits. I.1.4 A grid of cross section elevations will be obtained at 50-foot intervals together with any grade breaks, swales, mounds, or other definitive elevation change throughout the roadway corridor within the Project Limits. I.1.5 All trees within the Project Limits, with at least a 3-inch caliper or greater, will be located and identified on the survey with unique tree symbol for each common name tree species and tree diameter. I.1.6 Location with color and type of any above-ground paint marks identifying underground utility demarcation as completed by others within the Project Limits. I.1.7 Survey data will be referenced vertically to North American Vertical Datum of 1988 (NAND 88) and horizontally to Florida State Plane Coordinates,North American Datum 83/90 (NAD 83/90). I.1.8 The topographic survey will be prepared in accordance with the Standards of Practice requirements for Surveying and Mapping in the State of Florida as set forth by Chapter 5J-17 of the Florida Administrative Code, pursuant to Florida Statues Chapter 472.027. Deliverables shall be Second Amendment to CGA Task Order for Gulfstream Watermain SRW(10.16.24) Page 5 of 11 provided in both CAD and PDF formats. I.1.9 Prepare a certified sketch and legal description for a 10 ft. x 10 ft. Utility Easement for the water meter tie-in at Gulfstream Boulevard and Federal Highway for the property as identified under Parcel No.20-43- 46-04-51-002. I.2 Geotechnical Engineering(by Subconsultant) I.2.1 Geotechnical investigations will evaluate the soil conditions within the Project Limits. It is anticipated that up to three soil borings will be performed up to thirty feet deep each. I.2.2 Results of the Geotechnical work will be issued in an engineering report of findings and will be included for informational purposes to Contractors. The engineering report will include graphic logs of the test borings and a map of their locations. I.3 Utility Locating (by Subconsultant) 1.3.1 Ground-penetrating radar (GPR) and active locating will be used to investigate the subsurface utility conditions and assist with determining existing utilities within the Project Limits. Up to 20 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. I.4 Design I.4.1 Submit an 811 Design Ticket to obtain information on existing infrastructure for the project area. I.4.2 Review any available as-builts, utility letter responses from the 811 Design Ticket, the topographic survey, and the findings from the utility designating. Prepare a topographic and utility base file. I.4.3 Conduct a site visit and document with pictures. I.4.4 Explore alignment and design options for the proposed water main. Prepare conceptual plans of the water main for COBB to review. Discuss with COBB and address any comments prior to refining the plans any further. II. 60% DELIVERABLES Second Amendment to CGA Task Order for Gulfstream Watermain SRW(10.16.24) Page 6 of 11 II.1 Lay out water main plan and profile views. Also, create Cover Sheet, Legend/Abbreviations, Details, Jack and Bore Plan, Pavement Markings and Signage/Restoration Plans, and Stormwater Pollution Prevention Plans. 11.2 Conduct an internal quality assurance/quality control (QA/QC) review. II.3 Prepare a cost estimate. II.4 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. III. PERMITTING III.1 Prepare and submit permit application packages to the following Agencies to obtain approval to construct the new water main: III.1.1 Florida Department of Health in Palm Beach County—Water Main Extension Permit 111.1.2 Florida Department of Transportation—Utility Permit 111.1.3 Florida East Coast Railway—Utility Crossing License I11.2 Address comments, revise documents, and resubmit as needed. IV. 100% DELIVERABLES IV.1 Prepare 100%plans and technical specifications after permit approvals. CGA shall utilize COBB's standard utility specifications for the proposed water main. IV.2 Conduct a final internal QA/QC review. IV.3 Prepare a 100%cost estimate. IV.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, as needed. V. BIDDING SERVICES V.1 Attend a pre-bid meeting. V.2 Address Bidder Requests for Information (RFIs) related to documents prepared by CGA. These include responses to written questions and revised plans or technical specifications, if required. This may also require preparing addenda to the bid documents. • Second Amendment to CGA Task Order for Gulfstream Watermain SRW(10.16.24) Page 7 of 11 V.3 Prepare a bid tabulation summarizing the opened bids for the Bidders. Assist the CITY in determining the apparent lowest, most responsive, and most responsible Bidder. This shall include contacting and verifying Bidder references for the low Bidder. V.4 Prepare a letter summarizing the bid evaluation for the CITY to make a recommendation to Commission for construction contract award. VI. CONSTRUCTION SERVICES VIA The scope for construction services includes Phase 1 Water Main and the SE 36th Ave Streetscape projects being constructed under a single contract and the Phase 2 Water Main being awarded under a separate contract. At COBB's request, the budget for Construction Services shall be separated on the Project Fee Schedule between the Streetscape project and the Water Main projects. VI.2 Attend one preconstruction meeting and monthly construction progress meetings (assumes up to ten total meetings). Meeting agendas and minutes shall be prepared by COBB. VI.3 Review required shop drawing submittals. VI.4 Review and respond to Contractor Requests for Information pertaining to the bid documents. VI.5 Assist COBB in reviewing change order proposals. VI.6 Perform periodic inspections and observation of field/construction activities for compliance with the plans and specifications (total effort based on 10 hours/week for thirty-two weeks of active construction for a total of 320 hours). These hours also include one substantial completion inspection, one final completion inspection, and observations of required field testing. VI.7 Review as-builts provided by the Contractor to determine conformance with the contract documents. VI.8 Submit for permit closeouts once all required documents are provided by the Contractor. VII. ASSUMPTIONS AND EXCLUSIONS VH.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 considering the high volatility of the market. COBB further acknowledges Second Amendment to CGA Task Order for Gulfstream Watermain SRW(10.16.24) Page 8 of 11 that this is a "snapshot in time" and that the reliability of cost estimates will inherently degrade over time. VII.2 Should additional construction contract time be required beyond what was assumed herein, it shall warrant additional fees. As requested by COBB, Constructions Services are limited and not full-time. Therefore, it shall be the responsibility of COBB to approve payment application quantities, provide daily reports, and any other tasks that would require full-time inspection services. VII.3 The Subsurface Utility Investigation restoration of test holes only includes backfilling with native soils and asphalt cold patch for the approximate 12-inch-by- 12-inch excavations in the roadway. VII.4 Permit application and plan review fees shall be the responsibility of others. VII.5 Maintenance of Traffic (MOT), Traffic Control Plans, or any other plans not specifically listed herein are excluded. VII.6 Specifications shall utilize the Construction Specifications Institute (CSI) 16- division Master Format. VII.7 Bidding services are included but may not be required should COBB execute a change order under the SE 36th Ave Streetscape project for the Contractor to construct the Phase 2 Water Main. If bidding services are not required, COBB will not be billed by CGA for those services. Second Amendment to CGA Task Order for Gulfstream Watermain SRW(10.16.24) Page 9 of 11 PROJECT LOCATION EXHIBIT(FEC, FDOT,AND COBB RIGHT-OF-WAY ONLY) COBB SE 36th Ave WM PH 2 I";,' -i ‘:4•-1`,.., '"t- ot; . .:t,,,., c ,'. _, Exhibit r ' ; ' 'i ,,, ,,, Gpw,.,,,•r-ta. I, :sit- ,. 1 11.,...,* ..Rt''. r.. ti i y . J C` I tl.:. Project Locationf , ,. ' . q':,....- !,:_•"'9 (t(�� 11i'� ,� ews' i It op ,apt. rik r w zi `q h ,',n w.��... ' - {' r‘14. •° , gyp,. V _ 'L T ° li4ii„,,,,,,,,,,ev„ ...-. 4_, . , .. i mi- / ........ rig. . �j_� s ti .1 •t r • 11411 1,1 142 , 4� - 4.. 2.r; :.,.....„.;.,.,,t, k ,._ ,---e_ta. : +" "� ' r�I—1 1`' g•.lames _ Pitt Y. Q.Y v"'^ 5 a' r L (pc utis. 1 ;,,�tq-; , t +ae, I S t .fir 1-4- 1-- ,., inn vrx 17:1 ,s"e 114,1:fc, .._ esbytenam nr i! (E,�+,r - -.�"1 y I, tag 1 ...... i .: - ' oritt iit .+...� 3 ' __Alv::i...1:: ::,.,,, : it s ,g=: PPP.. "'"*Ciate At is, ,. *a f f R w /;cia 1; � sa 7fl C ;I -1'aj; c• , I� a� 4 r �//���, i tioA ,, a� 4. Second Amendment to CGA Task Order for Gulfstream Watermain SRW(10.16.24) Page 10 of 11 EXHIBIT B FEES *Each task will be billed on a Lump Sum basis as a percentage of progress. Cnu[ng"40x1+[ F1xt.i:all�(.�axy unduapa 6rc7rtx1440 Suv614n( SIxonw4xd0 I6040430037 (�xiu'1n1 '07"" S."*"4003700/ 5. Gw[x7 Mg0c5M4na(x angina*/ G00ie55040.n vrolect NW/0e. landxape Dx3nx Survey Crew CAOD/Tecm4an Adnanntraln* A,0n1e[ Mope/ Cl1A (OS 600.011131 (NNbngl Cott I Noun aaReM 11010LUan 30.051 12.301 113A 0.6% 2111 6.1% 3.0% 73% 420% 30014 IIA% 10% ubor 0400w6.646001a 33010 $117.10 5300 0700 5220.30 1330.. 524.0 $07400 $20.20 40144 WEZEMBINannin SW Sub Sub Sub Sa/b SuO Sub 504 Sub 514 1/OIOW %Mou1 Task Mantle, Task Nance Mon N4al Nouns Total Nous total 000015 1010 Hous total 000005 total 004.01 MO Naas 1030 Mans 004 0040117 0010 t$ ($ ($1 IS 1% (1) ISI IS ($1 ISIA al 1 0.1153005 16.0 41.0000 4.0 55[1.00 11.0 10 *460 a0 41 3632 04 4144 0.0 0100.0 10.00 S6-0 33.11400 216 11.416.00 52.0 11.04644 111.0 522075.00 55461.60 41611400 1016 2 0a 30164 034 Sun* 020 51.30110 02.0 10.2:000 2 00 /0* 0.0ISM. 0 40.0 0 0 00 5000 0 010 0 0100 0.0 0 00 1000 16.0 3044 40.00 MAIM 1 3500544 30.0 STAMP 140 5401000 360 5.133* 2.0 5330.00 OA 13* 0.0 1000 00 0110 0.0 306 00 5000 0.0 404 301 644 10.00 52110* 4 1000 300 $.30420 30.0 04.06*10 104 14066 00 $1610 0.0 3600 00 5000 00 34% 00 3000 00 1040 OA 3640 *1 0100 WO 52430* 0.0wM[n S forget au 10.004* 10 03.030* 40 53044 0 00 4044 140 50 0 00 1000 to F 00 ID 4141 as 3000 00 3600 020 44 w00 FA LA30 taa1G0e40 M Salves 300 31500100 LAA 001A0600 00 50.00 00 1044 10.0 5.00044 374 01400.0 420 *0544 00 01* M 0000 40 4144 407.0 1044 0100 *SAGA (40.00004001 4010011120400 F 50446004(30316, 47.0 30.100 105-0 523.016* 00 1000 00 1610 00 0100 00 10.0 60 5000 00 014 40 1010 01 414 2160 4044 5400 5214620 Marl TCT. 3220 001.2040 413.0 504.71040 0300 113.7240 140 11.100.0 14.0 03.60.0 370 07.A0.0 410 10.2510 50.0 113 002 00 LA 30,20760 010 043360 1.1610 R7071.0c SAWA SWAIM. PROFESSIONAL FEE SCHEDULE Personnel Classifications I Orig Rates Aug 2022-2023 2018 Rates 5%CP( Principal $215.00 $226.00 Project Manager $190.00 $200.00 Senior Transportation Engineer $175.00 5184.00 Senior Transportation Planner $150.00 $158.00 Senior Surveyor/Mapper $165.00 5174.00 Engineer $130.00 5137.00 Urban Designer $120.00 $126.00 Transportion Planner $125.00 5132.00 Environmental Specialist $125.00 $132.00 Engineering Technician $115.00 $121.00 Inspector(transportaton) $100.00 $105.00 GIS Specialist $125.00 $132.00 CADD Technician 595.00 $100.00 Transportation Planning Technician $100.00 $105.00 Clerical/Administrative $75.00 S79.00 Second Amendment to CGA Task Order for Gulfstream Watermain SRW (10.16.24) Page 11 of 11