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R09-053 (( . 1 2 RESOLUTION NO. R09- t? s.3 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING THE CITY MANAGER TO EXECUTE 7 CHANGE ORDER NO. 1 TO GLATTING JACKSON, 8 INC., CONSUL T ANT CONTRACT FOR CONGRESS 9 AVENUE COMMUNITY PARK IN THE AMOUNT OF 10 $48,685.00; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission upon recommendation from staff, deems it 13 appropriate to approve Change Order No.1 to Glatting Jackson, Inc., Consultant Contract for 14 Congress A venue Community Park in the amount of $48,685.00 due to the addition of an 15 interactive fountain element, additional requirements by South Florida Water Management 16 District for permitting and the inclusion of the public artist. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 Section 2. The City Commission of the City of Boynton Beach, Florida does 23 hereby approve and authorize and direct the City Manager and City Clerk to execute Change 24 Order No.1 to Glatting Jackson, Inc., Consultant Contract for Congress Avenue Community 25 Park in the amount of $48,685.00, a copy of which is attached hereto as Exhibit "A". 26 Section 3. This Resolution shall become effective immediately upon passage. 27 :\CA\RESO\Agreements\Change Orders\Congress Avenue Community Park Change Order #1.doc II , 1 PASSED AND ADOPTED this ~ day of March, 2009. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 24 25 26 27 28 29 30 S:\CA\RESOlAgreements\Change Orders\Congress Avenue Community Park Change Order #1.doc [C We Plan and Design Livable Communities Jack F. Glatting, Founder William J. Anglin, Jr. David L. Barth Gregory A. Bryla Dan E. Burden Charles P. Cobble Jay H. Exum Carey S. Hayo Jay R Hood Timothy 1. Jackson William C. Kercher, Jr Walter M Kulash Brent A. Lacy Sharon K. Lamantia Ian M. Lockwood Frances E. Marino Thomas J. McMacken, Jr. John H. Percy Troy P. Russ Peter C. Sechler Donald G. Wishart 1389 Peachtree Street, NE Suite 310 Atlanta, GA 30309 P: 404 541 6552 1 523 18th St Suite 101 Denver. CO 80202 P: 303 524 3090 120 North Orange Ave Orlando, FL 32801 P 407 843 6552 222 Clematis Street Suite 200 West Palm Beach. FL 33401 P: 561 659 6552 www.glattlng.com TASK 1 /(0'1- 053 GlATTING JACKSON KERCHER ANGLIN ADDITIONAL SERVICES TO LETTER OF AGREEMENT December 23,2008 Ms. Jody Rivers, Parks Superintendant City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, FL 32425 Re: City of Boynton Beach Congress Avenue Park GJ Project No. 20074.0 Dear Jody, Glatting Jackson Kercher Anglin, Inc. (Glatting Jackson) is pleased to provide the scope of services outlined below to the City of Boynton Beach (Client) as an Additional Service to our Scope of Services dated August 24, 2007. All services will be provided under the terms and conditions of the above-referenced Agreement and any approved amendments or modifications thereto. As we have discussed, Glatting Jackson has incurred $18,485.00 in unanticipated costs during the planning and design process for Congress Avenue Park. We have tried to absorb these costs, but are now significantly over budget for the project. Therefore we are submitting this Additional Services request for your review. Specifically, we exceeded the fee budget in the following three areas: fieldwork to determine and flag wetland jurisdictions; master plan revisions; and public art coordination. SCOPE OF SERVICES 1. Additional Field Work to Determine and Flag Wetland Jurisdictions - Paragraph 2.4 of our original Scope of Services (Attachment A) states that "Wetland jurisdiction information will be based on the information previously prepared by Glatting Jackson. Any additional field work needed to detem1ine or flag wetlands jurisdictions shall be completed as an additional service to this Agreement." Glatting Jackson spent an additional 24.75 hours conducting field work due to missing or removed flags. 2. Additional Master Plan Revisions - Paragraph 2.8 of our original Scope of Services states "the Glatting Jackson Project Team shall prepare schematic development plans based upon the master plan design and budget prepared previously." At the beginning ofthe project, however, the City and the design team decided to significantly revise the Master Plan due to the lack offunds to construct the Boundless Center. Glatting Jackson spent an additional 87.75 hours on master plan revisions due to the relocation of the Boundless Center, attendance at additional meetings, and City approvals prior to beginning schematic development plans. Glatting Jackson Kercher Anglin. Inc. Page I of2 [C 3. Additional Public Art Coordination - Glatting Jackson included $10,000.00 in our original budget for a Public Art sub consultant, Beth Ravitz, to advise us regarding opportunities for public art. The City subsequently hired Beth under a separate contract to design and fabricate several public art installations for the project, which has required 14.25 hours of additional public art coordination. Deliverables - As a result of these tasks, Glatting Jackson shall produce: . Wetland jurisdiction determination . Revised Master Plan and approvals . Additional public art coordination PROJECT SCHEDULE Glatting Jackson, in consultation with the Client, shall perform its work in such a manner as to comply with an agreed upon schedule. COMPENSATION The fee for the Scope of Services detailed above shall be a lump sum fee of $18,485 .00, including direct costs. If you find these terms acceptable please sign where indicated below and return one signed original to Glatting Jackson for our files. Thank you for your consideration of this request; please call me if you have any questions. Attachments: A. Original Scope of Services (August 2, 2007) B. Back-Up Documentation for Additional Services (September 18,2008) AGREED TO AND ACCEPTED BY: Glatting Jackson Kercher Anglin, Inc. By: By: OhlU~ ~. ~\.\Rl 8R ,.'- Sharon K. Lamantia e\i'( M~NAGER Its: ROYNTON BEACH, Fl Its: Vice President Date: ~/~&J/()9 Date: December 23.2008 Glalting Jackson Kercher Anglin. Inc, Page 2 of2 [C We Plan and Design Livable Communities dr!, F (~! :lttinq, }..(11.1rI(1C" \Nill elm j .i\l1qlill J1 Uavld L. Bal tr (Jrl"Cjory A BtyL~ l\H1 [ BlH('j(-'~1 C I"rlp, F Cob"", 1.)'/ !-.J EXI ill i ,'.11C', Hd,/I, j,--j\ P HO,KI ~in;utl~iV i ;a,~h 11 l ~ \ -/Jlter jI...1 r ul;~..,t Brel'l! 2, LJH . ... h,'J:()t; ! dr' Idflir,j !,-11 l_~ If_ k"vu Fldnu-'\! I\tHlnl1 n~(Jtl!,1~, j MC\.'1dd,t-)(' J. iohr-, H Pf-'~~ i 1\ IV ~). hlLS; f.\-'tet \ '.,t'ch!cr iJ, ,nald C, \'\'"h,1rt 38'-) PPdchtree Street. NE ()LJlte 310 Atlantd, GA 30,0" P404 541 6552 ) 521 lHth :;t ')ulte 1 c: [,enver CO S02e P ,m 524 309l 121) North Ol.mgp Aw Orlanclo, FL 328(,1 P: 4()7 ;')43 hS[ ~-, n! Clema!" SliP"! )lIlte 2111' \:\t-'st PJlni Bei:vh H )~4(\1 P 1 II~q f- L' . 'I, 'w.glatting . TASK 2 /20 r,V&6 GLATTING JACKSON KERCHER ANGLIN ADDITIONAL SERVICES TO LETTER OF AGREEMENT January 6, 2009 Revised: February 17, 2009 Ms. Jody Rivers, Parks Superintendant City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, FL 32425 Re: City of Boynton Beach Congress Avenue Park GJ Project No. 20074.13 and .14 Dear Jody, Glatting Jackson Kercher Anglin, Inc. (Glatting Jackson) is pleased to provide the scope of services outlined below to the City of Boynton Beach (Client) as an Additional Service to our Scope of Services dated August 24, 2007. All services will be provided under the terms and conditions of the above-referenced Agreement and any approved amendments or modifications thereto. Glatting Jackson has been requested to provide additional services for the addition of an interactive water feature to the project construction documents and to respond to a Request for Additional Information (RAI) as part of the South Florida Water Management District (SFWMD) Environmental Resource Permit (ERP) process for Congress A venue Park. SCOPE OF SERVICES Task.13 Interactive Fountain Construction Documents - Glatting Jackson, working with our sub-consultants, Michael B. Schora & Associates, Electrical Design Associates, Roy-Fisher Associates and Beth Ravitz, shall provide design services for the development of an interactive fountain to be added to the 100% Construction Document Set. This work shall include: . Design concepts (3 alternatives) . Meet with Client, select final design . Prepare details, specifications and cost estimate and incorporate into 100% CD set for the entire project Deliverables - As a result of these tasks. Glatting Jackson shall produce: . Design Concepts in electronic pdf format . Final Concept in electronic pdf format Glatting Jackson Kercher Anglin. Inc. Page I of3 [C Task .14 SFWMD ERP Coordination -Glatting Jackson will assist our sub-consultant, Michael B. Schorah & Associates, in permitting the project with the SFWMD. This work will include two (2) meetings with SFWMD staff in order to respond to the existing request for a conservation easement and one additional response to a Request for Additional Information (RAI). This response will require the preparation of permit documents and exhibits that quantify the hydrologic impact to wetlands where the gradient criteria cannot be met. In lieu of the installation of an impermeable liner, Glatting Jackson will create a mitigation and monitoring plan to offset this unavoidable hydrologic impact. Both the hydrologic impact area and the proposed mitigation area will be analyzed using the Uniform Mitigation Assessment Method (UMAM). The results of this analysis will be included in the Mitigation and Monitoring Plan. This detailed comprehensive plan will establish a phased approach to mitigation in an effort to allow the city to obtain grant funds to offset the exotic species eradication requirements. Areas proposed for mitigation within the Park will need to be protected by the recordation of a conservation easement. The proposed language of the easement that encumbers these areas will be negotiated as a part of this permitting process and will likely require approval by the City Council. We anticipate receiving an additional RAI subsequent to the development of a response to the existing RAI and this is likely to require an additional site review with the SFWMD. Glatting Jackson ecologists will lead this review and work with the SFWMD to address the issues identified in this additional RAI process. Deliverables - As a result of these tasks, Glatting Jackson shall produce: . Response to the existing and to one (1) anticipated RAI that details the mitigation and monitoring plan PROJECT SCHEDULE Glatting Jackson, in consultation with the Client, shall perform its work in such a manner as to comply with an agreed upon schedule. COMPENSATION The fee for the Scope of Services detailed in Task .13, shall be a lump sum fee of fifteen thousand dollars ($15,000.00), including direct costs. The fee for the Scope of Services detailed in Task .14, shall be a lump sum fee of fifteen thousand two hundred dollars ($15,200.00), including direct costs. If you find these terms acceptable please sign where indicated below and return one signed original to Glatting Jackson for our files. Thank you for your consideration of this request; please call me if you have any questions. Glatting Jackson Kercher Anglin. Inc. Page 2 of 3 . [C AGREED TO AND ACCEPTED BY: Glatting Jackson Kercher Anglin, Inc. By: By: tJ;; (Jim/"' HdA/v1 flA. i---- KURl BRESSNER Sharon K. Lamantia Its: cln MANAGER Its: Vice President BO'{NTOtl BE.~,CH, fl Date: 3bt//09 Date: February 17,2009 I I Glatting Jackson Kercher Anglin, Inc. Page 3 of3 CITY CLERK'S OFFICE MEMORANDUM TO: Jody Rivers Parks Department FROM: Janet Prainito City Clerk DATE: March 25, 2000 RE: R09-0S3 Glatting Jackson Kercher Anglin Additional Services Letter of Agreements Task 1 and Task 2 Attached for your information and files is a copy of the executed agreements mentioned above and a copy of the Resolution. Since the agreements have been fully executed, I have retained the originals for Central File. Please contact me if there are any questions. Thank you. ~Yn. p~ Attachments c: Central File, Follow-up file S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2009\Jody Rivers R09-053.doc