R07-149
II
RESOLUTION NO. R07- /4'f
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND APPROVING
EXECUTION AMENDMENT NO.1 TO TASK ORDER
NO. U07-10-05 IN THE AMOUNT OF $60,133.12 TO
KIMLEY-HORN AND ASSOCIATES, INC, FOR THE
COMPLETION OF CONSTRUCTION DOCUMENTS,
PERMITTING, BIDDING, AND CONSTRUCTION
PHASE SERVICES FOR OLD BOYNTON ROAD
UTILITY IMPROVEMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in May, 2007, the City Manager approved Task Order U07-10-05 in the
amount of $20,947.00; and
WHEREAS, Amendment No. I to Task Order U07-10-05 provides for the
I
, completion of construction documents, permitting, bidding, and construction phase services
for Old Boynton Road utility improvements; and
WHEREAS, the City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens of the City of
Boynton Beach to approve and authorize execution of Amendment No. I to Task Order
#U07-1O-05 in the amount of$60,133.12 to Kimley-Hom and Associates, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
hereby approve and authorize the execution of Amendment No.1 to Task Order No. U07-10-
S:ICAIRESOlAgreemenlslTask - Change OrderslAmendment No.1 10 Kimley Horn - Task Order U07-10-05.doc
II
05 in the amount of $60,133.12 to Kimley-Hom and Associates, Inc., for the completion of
construction documents, permitting, bidding and construction phase services for the Old
Boynton Road utility improvements, a copy of which is attached hereto as Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of December, 2007.
CITY OF BOYNTON BEACH, FLORIDA
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S:ICAIRESOlAgreemenlslTask - Change OrderslAmendment No.1 to Kimley Horn - Task Order U07-10-05.doc
Amendment No. 1
Old Boynton Road Utility Improvements
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Amendment No. 1
City of Boynton Beach
Old Boynton Road Utility Improvements
Engineering Consulting Services for Design and Construction
of Utility Relocations and Asbestos Watermain Replacement
within Old Boynton Road
A. Background
As part of the Boynton Town Centre Project, it was determined that the The Sembler
Company (DEVELOPER) must make improvements to Old Boynton Road between
Congress Avenue and Boynton Beach Blvd. As a result of these improvements, which
include drainage system modifications, it has been determined that water and forcemain
utilities will need to be relocated to support the proposed improvements. The City of
Boynton Beach (CITY) has evaluated the existing utilities in the area and determined that
the existing portions of asbestos cement watermain should be replaced in their entirety
along Old Boynton Road. However, it was further decided by the CITY that the side
'street water mains would not be replaced despite their materials of construction. The
DEVELOPER has retained Kimley-Horn and Associates, Inc. (KHA) to provide
engineering design seryices for the reconstruction of Old Boynton Road from Congress
. Avenue to Boynton Beach Boulevard. Palm Beach County owns Old Boynton Road and
would like the CITY to 'perform any utility work before or in conjunction with the
roadwork to avoid impacts to the new roadway.
KHA was previously authorized by the CITY under Task Order V07 -10-05 to prepare
20% design plans for the utility relocations that were to be used by the DEVELOPER to
solicit bids from contractors so that the CITY could appropriately budget for the project.
Bids have been received and the CITY has now asked that KHA prepare a proposal for
the final design, permitting, and construction phase of the project.
We understand that the limits ofthe project will remain from Congress Avenue, east over
the E-4 canal, to the entrance into the Casablanca development as shown in the 20%
design. The aerial crossing ofthe 6-inch watermain and gas main will be performed
under a separate agreement with the DEVELOPER and is therefore not included in this
proposal. All other assumptions from the original Task Order V07-l0-05 remain valid.
Should it be determined by the CITY that the 16" forcemain that was previously assumed
to be abandoned needs to stay in service, the design will need to be revised and a separate
scope of services and fee will need to be developed to address these revisions.
Amendment No. 1
Old Boynton Road Utility Improvements
At this time, we understand that the CITY has not decided exactly which procurement
method will be used for this project. For the purposes ofthis proposal it has been
assumed that the project will be bid by traditional public advertisement by the CITY.
B. Scope of Services
Task 1 - 90% Construction Documents
Based on the alignment of the water line and utility relocation designs presented in the
20% design, KHA will prepare 90% construction documents for review and approval by
the CITY. The plans will consist of a cover sheet, plan-profile sheets, and the CITY
standard utility detail sheets. The water main, and utility relocations to the extent
feasible, will be plotted on working drainage structure cross section sheets
(approximately 30 sheets) indicating the relationship between the proposed water main,
relocated utilities, existing utilities and the proposed drainage system of the roadway to
investigate potential conflicts. These working drawings will be used for design purposes
only and will not be included within the construction plans.
KHA will submit five (5) sets of90% construction documents for review. KHA will
attend one meeting with CITY staff to discuss their comments after the documents are
submitted for review. KHA will attend a pre-application meeting with Palm Beach
County to receive their input on the alignment of the proposed water main and utility
relocations.
KHA will provide one updated preliminary opinion of probable construction cost to
construct the improvements. KHA will prepare technical specifications to be used in
conjunction with the drawings. It is assumed that the CITY will provide their standard
front end (Division I) documents. This task includes one field visit to verify various
elements of the design.
The scope of this project does not include any special design or plans to remove the
asbestos water main or forcemain. Any removal will only be referred to by a note on the
plans.
Task 2 - Final Construction Documents
After the CITY's review and acceptance of the 90% construction documents, KHA will
complete the construction documents for submittal to permitting agencies and the CITY.
KHA will submit ten (10) sets of construction documents for use by the CITY. KHA will
also finalize the opinion of probable construction costs for use by the CITY. This task
includes a maximum of one meeting.
Task 3 - Permit Application Preparation
KHA will prepare permit applications packages for signature by the CITY and submittal
to following agencies.
Amendment No. 1
Old Boynton Road Utility Improvements
A. Palm Beach County Public Health Unit (Water and Sewer).
B. Palm Beach County Engineering (Right of Way Permit).
C. We will submit plans to Florida Power and Light Company, BellSouth, CATV, and
gas utilities for coordination purposes.
During the permitting review phase of the project, we will follow up with the above
review agencies and provide responses to reasonable requests for additional information.
It is anticipated that application fees for the project will be approximately $545. These
fees are included in this task. Fees due to Palm Beach County upon issuance of a Utility
Permit are not included within this proposal as they are calculated by the County during
the review period. These fees shall be paid for directly by the CITY.
It is assumed that the CITY's review ofthe project will have occurred in previous tasks
and no additional comments will be generated by the CITY after the completion of Task
2. Any permits required for the aerial crossing will be applied for under a separate
agreement and are therefore not included in this proposal.
Task 4 - Bid Phase
KHA will attend a prebid meeting and bid opening, review bids received, and prepare a
bid tabulation and memorandum to the CITY containing findings during review of the
bids. KHA also will prepare bid addenda, if required. KHA will reproduce and
distribute up to 15 copies of the bid documents to prospective bidders and construction
reporting services and maintain a planholder's list.
Task 5 -Construction Phase
During the construction phase of the site improvements, we will provide the scope of
services outlined below as required to certify the project's completion to the various
regulatory agencies. We believe this level of service to be the minimum necessary to
obtain the necessary information to prepare certifications.
. Attendance at the Pre-Construction Conference
. Review shop drawings for on and off site improvements
. Respond to Contractor generated Requests for Information (RFI' s)
· Visits to site and observation of construction. KHA will visit the site
approximately twice per week during the expected 4 month construction duration
depending on the level of construction activity (up to 35 total visits). Field reports
will be generated and provided to the CITY as necessary for specific site reviews.
· Perform a substantial completion walk through of the project and develop a punch
list for the contractor.
. Perform a final completion walk through of the project.
Amendment No. 1
Old Boynton Road Utility Improvements
. Observation of pressure testing. It is assumed that approximately six (6) pressure
tests will be performed as segments of the various lines are constructed.
· Prepare record drawings of water and sewer utilities as required for certification to
applicable agencies. Our record drawing information will be based upon "as-
builts" (meeting all local jurisdictional requirements) provided by the Contractor's
registered Florida Surveyor during and after completion of construction.
. Review bacteriological testing reports and prepare the appropriate FDEP
certifications for water and sewer.
It is assumed that the CITY will perform any other construction management and
administration roles including, but not limited to, payment application review, change
order review, and attendance at regular progress meetings. Design changes made by
CITY or contractor during construction that require engineering services will be provided
as additional services.
Observations are to be limited to spot checking, selective measurement, and similar
methods of general observation of the Work based on KHA's exercise of professional
judgment. Based on information obtained during such visits and such observations, KHA
will determine if Contractor's work is generally proceeding in accordance with the
Contract Documents, and KHA shall keep CITY informed of the general progress of the
Work.
The purpose of KHA's visits to the site will be to enable KHA to better carry out the
duties and responsibilities assigned in this Agreement to KHA during the construction
phase by CITY, and, in addition, by the exercise of KHA's efforts, to provide CITY a
greater degree of confidence that the completed Work will conform in general to the
Contract Documents and that the integrity of the design concept of the completed Project
as a functioning whole as indicated in the Contract Documents has been implemented and
preserved by Contractor. KHA shall not, during such visits or as a result of such
observations of Contractor's work in progress, supervise, direct, or have control over
Contractor's work, nor shall KHA have authority over or responsibility for the means,
methods, techniques, equipment choice and usage, sequences, schedules, or procedures of
construction selected by Contractor, for safety precautions and programs incident to
Contractor's work, nor for any failure of Contractor to comply with laws and regulations
applicable to Contractor's furnishing and performing the Work. Accordingly, KHA
neither guarantees the performance of any Contractor nor assumes responsibility for any
Contractor's failure to furnish and perform its work in accordance with the Contract
Documents.
KHA shall have no responsibility for any contractor's means, methods, techniques,
equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor
shall KHA have any authority or responsibility to stop or direct the work of any
contractor. KHA's visits will be for the purpose of endeavoring to provide the CITY a
greater degree of confidence that the completed work of its contractors will generally
Amendment No. 1
Old Boynton Road Utility Improvements
conform to the construction documents prepared by KHA. KHA neither guarantees the
performance of contractors, nor assumes responsibility for any contractor's failure to
perform its work in accordance with contract documents. KHA is not responsible for any
duties assigned to the design professional in the construction contract that are not
expressly provided for in this Agreement. The CITY agrees that each contract with any
contractor shall state that the contractor shall be solely responsible for job site safety and
for its means and methods; that the contractor shall indemnify the CITY and KHA for all
claims and liability arising out of job site accidents; and that the CITY and the Consultant
shall be made additional insureds under the contractor's general liability insurance policy.
C. Assumptions
I. KHA assumes that we can reuse and modify as appropriate CITY technical
specifications and design details.
2. KHA assumes that the CITY will communicate any construction cost estimates to
prospective bidders and/or construction reporting services or direct KHA to
divulge this information if the CITY deems it appropriate to make this information
available.
3. KHA assumes that the CITY will prepare the front-end documents and Request
for Bids, advertise the bid, and schedule the prebid meeting and bid opening.
4. KHA assumes that we can rely on the accuracy of information provided by the
CITY during the Project.
5. KHA assumes that the existing roadway survey and CADD base files will be
reused to develop the utility replacement and relocation drawings.
D. Contract Reference
This Amendment shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services (Resolution #R06-050) dated
February 21,2006 between the City of Boynton Beach and Kimley-Horn and Associates,
Inc.
E. Additional Services
KHA believes the proposed scope of services to be generally inclusive of the required
tasks. However, KHA will provide additional services at the request of the CITY and
upon receipt of written authorization to proceed. KHA also will provide additional
services that arise due to unforeseen circumstances with prior written authorization from
the CITY. Additional services will be performed at the previously approved hourly rates
contained within the referenced Agreement between KHA and the CITY.
F. Obligations of the City
I. The CITY will designate representative( s) to serve as point( s) of communication
with the KHA.
Amendment No. 1
Old Boynton Road Utility Improvements
2. The CITY will prepare the final bid and contract documents, award and negotiate
the contract with the successful bidder, and render final decisions regarding
acceptance of the Contractor's work.
3. The CITY will pay all permit application fees other than what has already been
included in this proposal.
G. Deliverables
KHA will prepare the following deliverables for submission to the CITY's Engineering
Division Manager. Any drawings submitted as final deliverables will be 11" x 17". CDs
containing electronic versions also will be submitted.
Deliverable 1 - 90% Drawings
Deliverable 2 - Final Construction Documents
Deliverable 3 - Bid Review Memorandum
Deliverable 4 - Construction Phase Records
H. Compensation
Compensation by the CITY to the KHA for all tasks will be on a time and materials basis
in accordance with the above mentioned Agreement. The estimated compensation for the
services described in this Amendment No.1 is $60,133.12 as shown in Table I. KHA
will not exceed Task budgets without prior written authorization.
Table 1: Labor and Expense Summary
OLD BOYNTON ROAD UTILITY IMPROVEMENTS
Labor Labor Expenses Total Cost
Hours Cost
Task 1 - 90% Construction 167 $15,555 $2,634.97 $18,189.97
Documents
Task 2 - Final Construction 67 $6,205 $1,087.99 $7,292.99
Documents
Task 3 - Permit Application 62 $5,510 $1,317.34 $6,827.34
Preparation
Task 4 - Bid Phase 35 $3,550 $207.68 $3,757.68
Task 5 - Construction Phase 244 $22,310 $1755.14 $24,065.14
Totals 575 $53,130 $7,003.12 $60,133.12
Amendment No. 1
Old Boynton Road Utility Improvements
I. Schedule
The KHA will commence design services upon receipt of written authorization and
anticipates completion of all work associated with Tasks 1 through 5 of this Amendment
No.1 in accordance with Table 2 below.
Table 2: Project Schedule
OLD BOYNTON ROAD UTILITY IMPROVEMENTS
Task Schedule
Task I - 90% Construction Four (4) weeks after Notice to Proceed
Documents
Task 2 - Final Construction Two (2) weeks after meeting with CITY to receive
Documents comments
Task 3 - Permit Application 14 days after completion of Task 2
Preparation
Task 4 - Bid Phase Concurrent with CITY Schedule
Task 5 - Construction Phase Dependent on CITY defined bid schedule and
Contractor performance
Amendment No. 1
Old Boynton Road Utility Improvements
DATED this
,q
day of
CITY OF BOYNTON BEACH
~
Kurt Bressner, City Manager
Attest! Authenticated:
~ '!n. P~t,
Ity Clerk
Approved as to Form:
~
f ce of the City Attorney
U~l" to I'Y\ be.r
,2007.
KIMLEY-HORN AND ASSOCIATES, INe.
Frederick . Schwartz, P.
Sr. Vice President
Attest! Authenticated:
Secretary
Amendment No. 1
Old Boynton Road Utility Improvements
ATTACHMENT 1
ESTIMATE FOR ENGINEERING SERVICES PHASE 1
H:\General\Schanen\Proposals\01d Boynton Road. Task Order No. U07 -1 ()'05 Amendment No.1.doc
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