R24-292 RESOLUTION NO. R24-292
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO TASK ORDER
5 UT-1A-02 WITH CAROLLO ENGINEERING, INC., IN THE AMOUNT OF
6 $240,827.00 FOR A NEW TOTAL TASK ORDER AMOUNT OF
7 $397,832.00 FOR PROFESSIONAL ENGINEERING SERVICES REQUIRED
8 FOR THE DESIGN, PROJECT MANAGEMENT, AND CONSTRUCTION
9 SUPPORT SERVICES DURING CONSTRUCTION TO IMPLEMENT
10 ELECTRICAL AND STANDBY POWER IMPROVEMENTS TO WESTERN
11 WELLFIELD, WELLS #4, #5, #7, AND #8; AND FOR ALL OTHER
12 PURPOSES.
13
14 WHEREAS, on August 22, 2018, the City and Carollo Engineers, Inc. ("Consultant") entered
15 into an Agreement for General Consulting Services ("Agreement"), which authorized the City to
16 issue task orders for projects on an as-needed basis; and
17 WHEREAS, on August 20, 2019, the City Commission approved Task Order UT-1A-02, as
18 modified by a change order dated on or about June 14, 2023 (collectively the "Task Order"), for
19 design, permitting, and services during construction to implement electrical and standby power
20 improvements to western wellfield, wells 4, 5, 7, and 8 (the "Project"); and
21 WHEREAS, the Parties desire to execute a First Amendment to the Task Order so the
22 Consultant can provide additional engineering and construction services necessary to complete
23 the Project; and
24 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
25 best interests of the city's citizens and residents to approve Amendment No. 1 to Task Order UT-
26 1A-02 with Carollo Engineering, Inc. in the amount of $240,827.00 for a new total Task Order
27 amount of $397,832.00 for professional engineering services required for the design, project
28 management, and construction support services during construction to implement electrical and
29 standby power improvements to western wellfield, wells #4, #5, #7, and #8.
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
32 BEACH, FLORIDA, THAT:
;; SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
34 being true and correct and are hereby made a specific part of this Resolution upon adoption.
35 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
36 approve a First Amendment to Task Order No. UT-1A-02 between Carollo Engineers, Inc. and the
37 City for Wells 4-5 and 7-8 Electrical and Standby Power Improvements in the amount of$240,827
38 (the "Task Order Amendment"), in form and substance similar to that attached as "Exhibit A."
39 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
40 authorizes the Mayor to execute the Task Order Amendment. The Mayor is further authorized to
41 execute any ancillary documents necessary to accomplish the purposes of this Resolution.
42 SECTION 4. The City Clerk shall retain the fully executed Task Order Amendment as a
43 public record of the City. A copy of the fully executed Task Order Amendment shall be provided
44 to Keith Webber to forward to the Consultant.
45 SECTION 5. This Resolution shall take effect in accordance with law.
46
47
48
49 [signatures on the following page]
50
51 PASSED AND ADOPTED this /9" day of A/Qtieml eC 2024.
52 CITY OF BOYNTON BEACH, FLORIDA
53 YES NO
54 Mayor—Ty Penserga ✓
55
L .-
56 Vice Mayor—Aimee Kelley
57
58 Commissioner—Angela Cruz
59 f
60 Commissioner—Woodrow L. Hay
61 ,/
62 Commissioner—Thomas Turkin
63
64 VOTE c-0
65 ATT. T:
66i !0/I I /67 111P2101. ;I 24Z4
68 Maylee ,ie ksus, MP' MC , --,-rga
69 City Clerk 'Cr
70 =O�NTO/yeA��
71 ;k ..73•PORArf'F9 0% APPROVED AS TO FORM:
72 (Corporate Seal) 1 ..C.)/(' A L '
73 C.5: RppRP0: C
74 '•.1N�� Aled/X � IL��tl
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75 �. 12 , Shawna G. Lamb
76 City Attorney
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FIRST AMENDMENT TO TASK ORDER NO. UT-1A-02 WITH CAROLLO ENGINEERS, INC. FOR
WELLS 4-5 AND 7-8 ELECTRICAL AND STANDBY POWER IMPROVEMENTS
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 Carollo Engineers, Inc., a Delaware corporation
authorized to do business in the State of Florida, with its principal place of business at 2795 Mitchell
Drive, Walnut Creek, CA 94598 ("Consultant") (each a "Party, and collectively referred to as the
"Parties").
RECITALS
A. On August 22, 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 August 20, 2019, the City Commission approved Task Order UT-1A-02, as
modified by a change order dated on or about June 14, 2023 (collectively the "Task Order") for
design, permitting, and services during construction to implement electrical and standby power
improvements to western wellfield, wells 4, 5, 7, and 8 (the "Project").
C. The Parties desire to execute a First Amendment to the Task Order so the Consultant
can provide additional engineering and construction services necessary to complete the Project.
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 engineering and construction services necessary to complete the Project, as further
detailed in Exhibit A, attached hereto.
First Amendment to Carollo Task Order for Wells 4-5 and 7-8 Electrical and Standby Power Improvements
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4. Fee. The fee for the additional services described above in Section 3 shall be Two Hundred
Forty Thousand Eight Hundred Twenty-Seven Dollars ($240,827.00) 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 Three Hundred Ninety-Seven Thousand Eight Hundred Thirty-Two Dollars
($397,832.00).
5. Schedule. Consultant shall provide the Additional Services in accordance with the Project
construction schedule established by Contractor, with an anticipated completion date of June 16,
2025 (the "Expected Completion Date"). Notwithstanding the Expected Completion Date,
Consultant's obligation to provide all Services shall continue until Final Project Completion,
regardless of any extensions or delays to the Project schedule beyond the Expected Completion
Date.
6. Agreement Reference. This First Amendment shall be performed under the terms and
conditions described within the Agreement.
7. 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.
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.
First Amendment to Carollo Task Order for Wells 4-5 and 7-8 Electrical and Standby Power Improvements
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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 Carollo Task Order for Wells 4-5 and 7-8 Electrical and Standby Power Improvements
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IN WITNESS WHEREOF, the Parties have executed this First Amendment by their duly
authorized representatives.
CITY OF BOYNTON BEACH CAROLLO ENGINEERS, INC.
! _ Z
Ty P- e,:a ayor Name:Liz Fujikawa, PE
Title: Vice President
Date: 1/74/7024 Date: 10/28/2024
Approved as to Form: - 1
klaa414 J g,,,,k
Shawna G. Lamb,City Attorney Name: Tung Nguyen, PE
Title: Associate Vice President
Date: 10/28/2024
Att: te'Authenticate.•
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First Amendment to Carollo Task Order for Wells 4-5 and 7-8 Electrical and Standby Power Improvements
SRW(10.24.24) Page 4 of 8
EXHIBIT A
SCOPE OF WORK
Consultant shall provide the following Additional Services:
TASK 1: PROJECT MANAGEMENT
To accommodate the extended duration of the construction schedule, the Consultant, through its
project manager, will provide additional overall project management and communication between
its staff and the City. The Consultant's budget, project tasks, and schedule will all be tracked and
managed by the project manager.
Meetings During Construction: Consultant will host virtual bi-weekly progress meetings,
prepare the agenda and draft and final meeting minutes.
Substantial Completion: Consultant will participate in one substantial completion walk-
through. This meeting is expected to be in-person.
Final Completion: Consultant will participate in one final completion walk-through. This
meeting is expected to be in-person.
• Preparation of monthly progress reports
Task 1 Deliverables
• Draft and final meeting minutes (PDF)
Substantial Completion Punch List (PDF and Word)
▪ Monthly progress reports (PDF)
TASK 2: BIDDING AND PERMITTING SUPPORT
This task is completed. No changes required.
TASK 3: CONSTRUCTION SUPPORT SERVICES
To accommodate the additional construction duration, the Consultant will provide engineering
services to support the City during the construction phase of the project. It is assumed that the City
will continue to provide daily oversight and inspection of the construction and be the day-to-day
contact for the Contractor.The Consultant will provide the following additional engineering services
during construction through final completion of the project:
Attend virtual bi-weekly construction progress meetings (assumed to be run and
documented by Consultant).
Track, review and respond to additional RFIs. Assume 10 RFIs.
Track, review and respond to additional shop drawings and submittals. Assume 15
First Amendment to Carollo Task Order for Wells 4-5 and 7-8 Electrical and Standby Power Improvements
SRW (10.24.24) Page 5 of 8
submittals/resubmittals.
Prepare and assist in negotiating up to two minor change orders. Design documents will be
revised, and a description of the change will be developed to provide to the Contractor for
pricing.
• Site Visits-Conduct periodic site visits to visually confirm progress and that the construction
is in accordance with the design documents as follows. Conduct inspection of the site/civil
improvements, landscaping modifications, generator and ATS installation, electrical
equipment installation, and control systems installations and modifications. Assume one
monthly site visit for a duration of 12 months.
• Substantial Completion: Provide the following services as part of substantial completion:
Complete one substantial completion walkthrough by civil, mechanical and
electrical/instrumentation EORs or their designee.
Prepare punch-list.
Complete one final completion walkthrough by civil, mechanical, and
electrical/instrumentation EORs or their designee to confirm punch-list items have been
taken care of and close out project.
Assist the City and Contractor in obtaining permit clearance from the City of Boynton Beach
Building Division, if required.
Review As-Built drawings submitted by Contractor and provide comments to Contractor.
Contractor to prepare Record Drawings.
System Commissioning services: Owner will witness field check-out and oversee Contractor
during start-up and commissioning including vendor check-out.
Consultant will review start-up and commissioning documentation submitted by Contractor
and perform final inspection and checkout of system controls and operations prior to
substantial completion and acceptance.
Consultant shall review loop checkout forms and end-to-end testing forms are completed
prior to scheduling Performance Acceptance Test (PAT).
Consultant shall attend PAT (1 day) and verify test procedures are followed by Contractor to
Owner's satisfaction.
Task 3 Deliverables
RFI Responses.
Shop Drawing/Submittal Review Responses.
Change Order Documents.
• Substantial Completion Punch List.
▪ Contractor As-built Review Comments.
First Amendment to Carollo Task Order for Wells 4-5 and 7-8 Electrical and Standby Power Improvements
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EXHIBIT B
FEES
The total fee for the Additional Services authorized by this First Amendment is $240,827.00. The
total compensation shown in the table below is based on the hourly rates established in Exhibit A
to the General Utilities Engineering Master Agreement. A detailed fee breakdown is attached.
Fee Summary
ORIGINAL
NET
TASK DESCRIPTION BUDGET REVISED BILLING
INCREASE/
INCLUDING BUDGET METHOD
CO#1 (DECREASE)
Define New
Generator and
1 Electrical Room at $5,066.00 $5,066 .00
Well 5
2 Develop Tech $10,892.00 $10,891.00 -
Memo
3 Detailed Design at $66,628.00 $66,628.00
Well 4-5 and 7-8
Develop Bid
4 Package $3,002.00 $3,002.00 -
Permitting
5&6 Assistance and $15,579.00 $15,579.00 -
Advertisement
Not-
7 Construction $39,772.00 $266,092.00 $226,319.00
Hourly
Services to-Exceed
8 Closeout $6,105.00 $6,105.00 -
Project Hourly Not-
9 Management $9,961.00 $24,469.00 $14,508.00 to Exceed
Total $157,005.00 $397,832.00 $240,827.00
The City shall make payments to Carollo for services performed for this task order in accordance
with Article 4 of the Agreement, and in accordance with the following requirements:
• Charges will be invoiced on a monthly basis as a percent complete or hourly rate based on the
billing method.
• Mileage will be charged at the current IRS Reimbursement 2024 Rate.
First Amendment to Carollo Task Order for Wells 4-5 and 7-8 Electrical and Standby Power Improvements
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First Amendment to Carollo Task Order for Wells 4-5 and 7-8 Electrical and Standby Power Improvements
SRW(10.24.24) Page 8 of 8