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R10-148 , , I 1 RESOLUTION RIO- I L.\-B 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 AND AUTHORIZING EXECUTION BY THE CITY 6 MANAGER AND CITY CLERK OF AN ADDENDUM TO 7 LANDSCAPE ARCHITECTURAL SERVICES 8 AGREEMENT BETWEEN THE CITY OF BOYNTON 9 BEACH AND AECOM, INC., TO INCREASE THE 10 PROJECT TOTAL TO $385,334.75 FOR SERVICES 11 REQUIRED TO REVISE AND COMPLETE 12 CONSTRUCTION DOCUMENTS AND CONSTRUCTION 13 MANAGEMENT FOR CONGRESS AVENUE BARRIER 14 FREE PARK; AND PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, on August 21, 2007, the City Commission authorized an agreement 17 between the City and AECOM, Inc., (formerly Glatting Jackson) to develop construction 18 drawings and perform construction management for Congress A venue Barrier Free Park in 19 the amount of $273,200.00; and 20 WHEREAS, changes are necessary to the construction documents that will require 21 additional time and costs for AECOM, Inc; and 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it 23 in the best interest of its residents and citizens to approve the Addendum to Landscape 24 Architectural Services Agreement for Construction Services between the City of Boynton 25 Beach and AECOM, Inc. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed 29 as being true and correct and are hereby made a specific part of this Resolution upon 30 adoption hereof. SICAIRESO\AgreementslReso - Addendum to AECOM Congress Avenue Barrier Free Park. doc i II 1 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby authorize and approve execution by the City Manager and City Clerk of the 3 Addendum to Landscape Architectural Services Agreement for Construction Services 4 between the City of Boynton Beach and AECOM, Inc., to increase the Consultant 5 Agreement total from $324,078.75 to $385,334.75 for services required to revise and 6 complete construction documents and construction management for Congress A venue 7 Barrier Free Park, a copy of which Addendum is attached hereto as Exhibit "A". 8 Section 3. This Resolution will become effective immediately upon passage. 9 PASSED AND ADOPTED this Sihaay of October, 2010. 10 11 CITY,OF BOYNTON BEACH, FLORIDA 12 13 14 15 .,' 16 .....:...-.. 17 18 19 20 21 22 23 24 25 ~~~._..G~:--. -_..~...~.. ~ - 26 27 ATTEST: 28 Yn.~ 29 30 31 32 33 34 35 .' (Corporate Seal) 36 S:\CA\RESO\AgreementsIReso - Addendum to AECOM Congress Avenue Barrier Free Park. doc R 10- ILfB ADDENDUM TO LANDSCAPE ARCHITECTURAL SERVICES AGREEMENT This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and AECOM, INC. (formerly Glatting Jackson), a Foreign Profit corporation authorized to do business in the State of Florida hereinafter referred to as "CONSUL T ANT". WITNESSETH: 1. The Agreement between the CITY and the CONSULTANT entered into the 24th day of August, 2007 is amended as set forth below. 2. All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and CONSULTANT agree as follows: 4a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached to the original agreement, provided that the total amount of payment to Consultant shall not exceed $385,334.75 without express written modification of the agreement signed by the City. CA-I IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY: Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk ST A TE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it. and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this _ day of 2010. NOTARY PUBLIC My Commission Expires: CA-2 AECOM, INC. WITNESSES: BY: (Print Name) ST ATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this _ day of 2010. NOTARY PUBLIC My Commission Expires: CA-3 . AaCOM AECOM 407.843.6552 tel 150 N. Orange Ave. 407.839 1789 fax Suite 200 Orlando, Florida 32801 KIO-148 www.aecom.com ADDITIONAL SERVICES LETTER OF AGREEMENT September 14, 2010 Revised September 21, 2010 Jody Rivers City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, FL 32425 Telephone: ( 561) 742-6226 Facsimile: (561 ) 742-6233 Hereinafter referred to as Client. Re: City of Boynton Beach Congress Ave Park AECOM Project #10330207 Dear Jody: AECOM Technical Services, Inc. (AECOM) is pleased to provide the scope of services outlined below to the City of Boynton Beach (Client) as an Additional Service to our Letter of Agreement dated October 5, 2005. All services will be provided under the terms and conditions of the above-reference Agreement and any approved amendment or modifications thereto. Project Description: AECOM has previously prepared construction documents for a single phase of construction that are the basis for bids received by the City. The City has a current approved budget of $1,375,000 for the project, which is less than the lowest responsible bid received. Because of constraints on currently available funding, the City has requested that AECOM prepare bid alternative drawings that will allow bidders to resubmit bids for separate parts of the project. The project will be constructed over time, based on separate letting of each bid alternative, as additional funding becomes available. The Client desires AECOM to revise its construction documents to reflect the "bid alternatives" . Additional professionals working on the project as subconsultants to AECOM include: Connie Roy Fisher Associates Landscape and Irrigation Electrical Design Associates Electrical Engineering Michael B. Schorah and Associates - Civil Engineering Stephen Boruff - Architecture SCOPE OF SERVICES PART I - Pre-Bidding and Bidding Services 2.1 Project Coordination - In addition to the specific services detailed below (the "Services"), AECOM shall coordinate our work with the Client's representative and the Client's project team, monitor the project schedule as it relates to the scope contained herein, and provide timely invoicing and reporting of project progress. 2.2 Bid Alternate Document Revision and Coordination- AECOM and their sub-consultants shall revise the previously prepared and permitted construction documents (which include the FOR BID set and specifications dated August 27, 2008, Addendum NO.1 dated January 5, 2009, Addendum NO.2 dated Jan, 22 2009, and Addendum NO.3 dated Feb. 5, 2009) to reflect a base bid scope of work that aligns with available funding, and bid alternates which may be implemented during the course of construction as additional funding becomes available. AECOM shall update the bid form to reflect the project phasing and provide a revised cost estimate in the format of the bid form. Page 1 of 4 AaCOM City of Boynton Beach Congress Ave Park September 21,2010 Oeliverables - As a result of these tasks, AECOM shall produce the following: One (1) set of bid documents One (1) copy of the order of magnitude statement of probable cost One (1) electronic copy of the bid documents and statement of probable cost 2.3 SFWMD Permitting - AECOM's sub-consultant, Michael B. Schorah and Associates, shall apply to South Florida Water Management District for permit modification based upon the aforementioned bid alternates revisions. 2.4 Cost Estimate - AECOM shall update the cost estimate to reflect the base bid and bid alternate project costs. 2.5 Bid Coordination - AECOM shall coordinate with their design team to coordinate the assembly of the bid documents, bid form, and the submittal of the bid documents to the Client. 2.6 Issuing Addenda - AECOM will not participate in the Pre-Bid Conference. However, AECOM will assist the Client in responding to addenda (the Client will be responsible for issuing addenda). Significant changes to the documents during or after bidding due to unknown site conditions, inaccurate information provided by the Client, substantial deviations in materials, significant change in project budget, design or methods previously approved by the Client, regulatory agency requirements after permit approvals and/or changes resulting from cost overruns from other consultants' work shall be provided as Additional Services. Oeliverables - As a result of these tasks, AECOM shall produce the following: One (1) copy of bid evaluation form One (1) copy of references and representative projects summary One (1) estimate of probable construction costs PART II - Construction Administration AECOM's responsibility to provide services during construction of the project under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Client of the Contractor's final Certificate for Payment or 60 days after the date of Substantial Completion of the work. The contract for construction shall be between the Client and the Contractor. The Client or his designated representative shall be responsible for day-to-day administration of the contract and for daily observation of construction. As directed by the Client and represented in the scope and fee of this letter of agreement, the Client will assume be responsible for logging and tracking project submittals, RFI's, Shop Drawings and all day to day project communications in order to reduce construction phase professional services fees. The Client shall notify AECOM when it requires services in addition to those described in this Part of the work, which services shall be provided as an Additional Service to this Agreement. The Client has stated that the anticipated construction is anticipated to encompass a nine (9) month construction period and that services provided beyond this period may be considered an additional service. Page 2 of 4 AaCOM City of Boynton Beach Congress Ave Park September 21. 2010 2.7 Administrative Services - AECOM shall be responsible for the following services: Pre-Construction Meeting (1 meeting, AECOM and Schorah) Construction Meetings on Site . AECOM - 9 meetings . Schorah- 37 meetings/inspections/certifications . Boruff - 1 meeting . EDA - 1 Meeting . Connie Roy Fisher - 2 meetings Prepare Field Sketches or Modifications to Documents Related to Constructability based on Contractor requests or site observations 2.8 Review of Materials - AECOM's work shall include: Nursery Site Visits to Select and/or Review Contractor-Selected Plant Material Field Review of Existing Vegetation to Preserve Review of On-Site Hardscape Mock-Ups The Client shall be responsible for the following services; AECOM shall provide assistance upon Client request: Product Submittals and Shop Drawings, including tracking RFI responses Evaluate Substitutions by Contractor 2.9 Periodic Site Visits to Observe Construction - AECOM will visit the site 1 time per month over a 9 month construction period (concurrent with construction meetings), at intervals appropriate to the stage of construction to become familiar with the progress and quality of the work completed, and to determine in general if the work observed is being performed in a manner indicating that the work, when fully completed, will be in accordance with the construction documents. However, AECOM will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of work. AECOM shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, since these are solely the Contractor's rights and responsibilities under the contract documents. Each site visit will be followed by a report to the Client of known deviations from the contract documents. However AECOM shall not be responsible for the Contractor's failure to perform the work in accordance with the requirements of the contract documents or the project schedule. 2.10 Project Completion - AECOM's work shall include: Site Visit to determine the date of Substantial Completion (Design Team) Site Visit to determine the date of Final Completion (AECOM, Boruff, EDA, Schorah) ADDITIONAL SERVICES Additional Services - AECOM will provide Additional Services as mutually agreed between AECOM and the Client. An equitable adjustment to AECOM's compensation and time for performance will be made through an amendment to this Agreement for any Additional Services. Pre-Bid Meeting preparation and Attendance Bid Review Additional meetings and site visits Page 3 of 4 . AaCOM City of Boynton Beach Congress Ave Park September 21, 2010 Building permit assistance Other construction services including, but not limited to, review of pay requests, logging and tracking submittals, RFl's and shop drawings Coordination with public artist regarding but not limited to design, placement, installation details, materials review and drawing revisions required due to art related installation Coordination, meetings and drawing revisions based upon the Client's implementation of the bid alternates during the course of construction PROJECT SCHEDULE - AECOM is prepared to begin work on the project immediately upon receipt of this executed Additional Services Agreement. AECOM, in consultation with the Client, shall perform its work in such a manner as to comply with a mutually agreed upon schedule. COMPENSATION The fee for the Scope of Services detailed above shall be a lump sum fee of Sixty-One Thousand Two Hundred Forty dollars ($61,240.00) including direct expenses. We look forward to continuing our work with you on this project. If you find these terms acceptable, please sign where indicated below and return one signed original to AECOM for our files. Please call me if you have any questions. Sincerely, fbi;;xr:t/i- Bruce Hall Project Manager AGREED TO AND ACCEPTED BY: C;tyOfBOYnto~ By: By: _ Its: ~p..~~R Its: Principal Date: ()c.. -\ 0 't:e ~ \\) ;;)0\0 Date: September 21 , 2010 DLB~ ~ ~~......y Page 4 of 4 The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@bbfl.us www.boynton-beach.org MEMORANDUM TO: Jody Rivers Parks Superintendent FROM: Janet M. Prainito, MMC City Clerk DATE: October 12, 2010 SUBJECT: Rl0-148 Additional Services Agreement with AECOM, Inc. Attached for your information and use are two originals of the agreement mentioned above. Since the documents have been fully executed, I have retained one original for Central File. Please contact me if there are any questions. Thank you. ~m. ~ Attachments (2) (Agreements) C: Central File S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2010\Jody Rivers RIO-148 Executed.doc America's Gateway to the Gulfstream