R24-132 1 RESOLUTION NO. R24-132
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA,APPROVING A FIRST AMENDMENT TO THE PROGRESSIVE
5 DESIGN/BUILD AGREEMENT FOR LIFT STATION 317 MAJOR UPGRADE
6 WITH PCL CONSTRUCTION, INC.; PROVIDING AN EFFECTIVE DATE; AND
7 FOR ALL OTHER PURPOSES.
8
9 WHEREAS, the City of Boynton Beach entered into a Progressive Design/Build Agreement
10 for RFQ 013-2821-21/TP Lift Station 317 Major Upgrade with PCL Construction, Inc., effective May
11 17, 2022, approved by Resolution No. R22-071 on May 17, 2022; and
12 WHEREAS, the City desires to amend the scope of services of the Agreement to provide
13 for separating the gravity and force main flows coming to the lift station, rehabilitating the existing
14 wet pit/dry pit lift station for pumping force main flow, and constructing a new submersible lift
15 station to pump gravity flows. In order to develop a GMP for this new alternative additional
16 engineering efforts will be required to evaluate the existing lift station and define the rehabilitation
17 scope of work and requirements. New design drawings and specifications will need to be
18 developed to depict and specify the rehabilitation scope of work and requirements; and
19 WHEREAS, the amended scope of services will cost an additional $60,745; and
20 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be
21 in the best interests of the citizens and residents of the City to approve a First Amendment to the
22 Progressive Design/Build Agreement for RFQ 013-2821-21/TP Lift Station 317 Major Upgrade,
23 amending the scope of services and providing for an additional fee of $60,745.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
26 BEACH, FLORIDA, THAT:
27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption.
29 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
30 approve a First Amendment, between PCL Construction, Inc., and the City (the "Amendment"), in
31 form and substance similar to that attached as "Exhibit A."
32 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
33 authorizes the City Manager to execute the First Amendment and such other related documents
34 as may be necessary to accomplish the purpose of this Resolution.
35 SECTION 4. One fully-executed original of the First Amendment shall be retained by the
36 City Clerk as a public record of the City. A copy of the fully-executed First Amendment shall be
37 provided to Keith Webber to forward to PCL.
38 SECTION 5. This Resolution shall take effect in accordance with law.
39
40 PASSED AND ADOPTED this 18th day of June 2024.
41 CITY OF BOYNTON BEACH, FLORIDA
42 YES NO
43 Mayor—Ty Penserga bitAl"
44
45 Vice Mayor—Aimee Kelley
46
47 Commissioner—Angela Cruz
48
49 Commissioner—Woodrow L. Hay ✓
50
51 Commissioner—Thomas Turkin
52
53 VOTE -0
54 Al a.
55
56 , IL ATI°
57 Maylee ' e = us, MP MMC pi,Ty Penserga
58 City Cle Mayor
59
60 APPROVED AS TO FORM:
61 (Corporate Seal) ;=041-04/ \‘‘
62 �'(i(4 VO.si ;•;•:6 911
63 f '•2 • Gl��
64 s SEAL
1 :INCORPORATED! $ Shawna G. Lamb
65 ��� 1920 City Attorney
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FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON
= BEACH AND PCL CONSTRUCTION, INC. FOR PROGRESSIVE DESIGN BUILD
~ Ton air PHASE 1 SERVICES
This First Amendment("Amendment")is entered into by and between the City of Boynton
Beach, a Florida municipal corporation ("City"), and PCL Construction, Inc ("Design-Builder")
(collectively referred to as the "Parties").
RECITALS
A. On May 23, 2022, the Parties entered into a Progressive Design/Build Agreement
for Lift Station 317 Major Upgrade, RFQ#013-2821-21/TP (the "Agreement").
B. The Parties desire to amend the Agreement to provide additional pre-construction
services and modify the compensation accordingly.
Now, therefore, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, the City and Design-Builder 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 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. Scope of Work. Attachment A, "Scope of Work," Section 1, "Phase 1 Scope of Work," of
the Agreement is hereby amended to include the additional pre-construction services described
in Exhibit A-1 attached hereto and incorporated by reference.
4. Compensation. Attachment B, "Compensation," Section 1, "Phase 1 Services
Compensation," of the Agreement is hereby amended and replaced with Exhibit B-2 attached
hereto and incorporated by reference. The total compensation for the Phase 1 Services is hereby
increased to an amount not to exceed $551,484.55.
5. In the event of any conflict or ambiguity between this Amendment and the Agreement,
the Parties agree that this Amendment shall control. The Agreement, as amended herein by this
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 as amended in this
First Amendment to PCL Design Build Contract Page 1 of 9
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.
6. Design-Builder acknowledges that through the date this Amendment is executed by
Design-Builder, Design-Builder has no claims or disputes against City with respect to any of the
matters covered by the Agreement.
7. Except to the extent sovereign immunity may be deemed waived by entering into this
Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City nor
shall anything included herein be construed as consent by City to be sued by third parties in any
matter arising out of this Agreement.
8. The effective date of this Amendment shall be the date of complete execution by the
Parties.
9. This Amendment may be executed in multiple originals, and 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 agreement.
(The remainder of this page is blank.)
First Amendment to PCL Design Build Contract Page 2 of 9
CITY
CITY OF BOYNTO :EACH
By /1,
Daniel Dugger, City M nager
day of ' 4 -- OvP T�Nt`
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Attest: .4111110141b
SEAL
City Clerk 1#, v; INOORPDRMED
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CITY ATTORNEY'S �! E t`� • '•••••••''�•
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Approved as to form and(legality `........
By: JAAIM (2 c M 16
DESIGN-BUILDER
By
Authorized Signer
Print Name and Title
day of , 2024
SRW
6.8.24
First Amendment to PCL Design Build Contract Page 3 of 9
Exhibit A-1
Phase 1 Scope of Work
Additional Pre-Construction Services
BACKGROUND
The preconstruction phase was completed with preliminary design documents and Phase 1 GMP
submitted in June 2023. In August 2023, a meeting was held with the City's Building Department
and Planning and Zoning to discuss permit requirements, and a permit set of drawings was
developed to submit to Planning and Zoning for Site Plan review. The City provided new direction
with the identification of a new preferred alternative via email on February 14, 2024, and a
meeting to discuss the new direction was held on February 23, 2024.The new alternative consists
of separating the gravity and force main flows coming to the lift station, rehabilitating the existing
wet pit/dry pit lift station for pumping force main flow, and constructing a new submersible lift
station to pump gravity flows. In order to develop a GMP for this new alternative, additional
engineering efforts are required to evaluate the existing lift station and define the rehabilitation
scope of work and requirements. New design drawings and specifications will be developed to
depict and specify the rehabilitation scope of work and requirements.
The Phase 1 GMP was submitted to the City in June 2023, based on the selected of alternative to
construct a new inline booster pump station to handle force main flows and a submersible lift
station to handle gravity flows incoming to Master Lift Station 317.
The scope of work for this project includes progressive design-build services to design, permit,
construct, test, and start-up the "improved" LS 317. The project will be delivered in two (2)
phases:
• Phase 1 — Evaluation of the facility (including recommendations/alternatives to the
challenges listed above), permitting, and preliminary design for the development of a
Guaranteed Maximum Price (GMP).
• Phase 2 —Final design, construction, testing, and start-up.
The scope of services presented herein is for Phase 1 work items and includes engineering
services for data gathering, special investigations, preliminary engineering, and GMP design
documentation.A detailed description of the Phase 1 goals and each work task is provided below.
SCOPE TASKS
TASK 1—MEETINGS/PROJECT MANAGEMENT
1.1 PROJECT MANAGEMENT - Monthly progress reports, tracking and managing the budget
variance based on actual versus budgeted, maintaining the overall schedule, and coordination of
subconsultants.
First Amendment to PCL Design Build Contract Page 4 of 9
1.2 MONTHLY PROGRESS REPORTS - Monthly progress reports will be prepared that discuss
the work conducted and by whom during the month, budget and schedule status, and work to
be completed by the next progress report.
1.3 COMMUNICATIONS - Project management will include general communication among
Design-Builder and Boynton staff members for overall facilitation, and to manage delivery of the
project on time and within budget.
TASK 2— DATA REVIEW AND EVALUATION
THIS SECTION HAS BEEN INTENTIONALLY LEFT BLANK.
TASK 3—PRELIMINARY ENGINEERING
The City has requested an evaluation of alternatives with a workshop for the following items:
1. Electrical Room Layout Workshop - Alternatives will be developed for constructing a new
electrical room on the ground floor of the pump station. The alternatives will consider the
size of the new electrical equipment and required clearances; operations and maintenance
requirements inside the ground floor, including access to the drywell access hatches and
stairs; requirements for the proposed new overhead crane to facilitate removal of equipment
from the drywell through the floor hatches; code requirements and safety egress; classified
space requirements; and other factors which may impact the layout and configuration of the
electrical room. A workshop will be held with the City to review the developed alternatives
and the pros/cons of each. A layout will be selected to incorporate into the GMP design
documentation.
2. Odor Control Workshop - Odor control system alternatives for the existing wetwell and new
gravity lift station will be presented and discussed in a workshop with the City. Each
alternative will include a description of the treatment process, treatment efficiency, space
requirements, O&M requirements, approximate costs, and pros/cons. A treatment system
will be selected to incorporate into the GMP design documentation (drawing and
specification).
3. Drywell Pump Alternatives - Pump types and configuration options (impeller types and
vertical/horizontal installation) for the new dry well pumps will be evaluated and a short list
developed to present alternatives to the City. The short list of options will be developed
considering existing pump pedestal and piping configuration to minimize changes; ragging
concerns; operational efficiency and reliability, installation/removal through the existing
floor hatches, maintenance, and other relevant factors. A pump type will be selected to
incorporate into the GMP design documentation (drawings and specifications).
First Amendment to PCL Design Build Contract Page 5 of 9
Deliverable:
• Workshop agenda, presentation, and minutes.
TASK 4–GMP DESIGN DOCUMENTATION
Design documents will be developed to a level sufficient for a guaranteed maximum price (GMP).
Design documents to be developed will include revisions and updates to the previously
developed design drawings and specifications, new design drawings and technical specifications,
and markups to as-built drawings. The design documents will include the following discipline
information:
Civil –Site plan drawings identifying the major sitework anticipated including new and modified
piping; general site layout for the new gravity lift station, FPL pad mounted transformer,
generator enclosure, and permanent dri-prime pump; seal and coating of existing asphalt, access
road and security fencing modifications; and landscaping required for site plan modification
permitting.
Process Mechanical - Identify the wetwell and drywell rehabilitation requirements, including new
pumps, piping, valves, and supports. Identify requirements and location for a new odor control
system for the existing wetwell and new submersible lift station wetwell. Identify requirements
for a new pad mounted generator enclosure to provide backup power to the existing and new
pump stations. Identify requirements for a new permanent dri-prime pump enclosure to provide
emergency backup to the drywell pumps.
Building Mechanical/HVAC – Identify the ventilation system rehabilitation and replacement,
including exhaust fans and ductwork. Identify new air conditioning system for new electrical
room. As-built drawings will be marked up to depict exhaust fan and ductwork replacement.
New drawings will be provided for the new electrical room and air conditioning system. Provide
specifications for key components and standards to apply.
Electrical – Identify electrical system rehabilitation, including configuration and layout for a new
electrical room on the ground floor to house new MCCs, VFDs, and control panels, and
replacement of exposed conduits, interior and exterior lighting, switches, and outlets. Provide
specifications for key components and standards to apply.
Instrumentation and Controls—Identify the instrumentation and control requirements and
SCADA communication for the new pumping equipment at the existing lift station and new
gravity lift station. P&ID drawings will be developed for the new drywell and gravity submersible
lift station pumping systems. Document the City's requirements and standards for security,
including intrusion alarms and security cameras.
Structural/Architectural–Identify the building rehabilitation, including door,window,and louver
replacement; structural rehabilitation and repairs; replacement of roof fascia and soffit; painting
and protective coatings requirements; structural rehabilitation and coating of the existing
First Amendment to PCL Design Build Contract Page 6 of 9
terminal manhole feeding the wetwell;configuration and requirements for a new overhead crane
on the ground floor to facilitate removal of equipment from the drywell through the existing floor
hatches on the ground level; rehabilitation of the existing bathroom to replace the existing toilet
and sink and retrofit the shower to be a bathroom supplies storage area. Evaluate the existing
drywell aluminum platform and stairways to ascertain the condition and service life to confirm it
is not in need of replacement. As-built drawings will be marked up to identify the door, window,
and louver replacements. Drawings will be provided with typical structural rehabilitation and
repair details with estimated quantities for each type of repair. Provide specifications for key
components, including doors, windows, and louvers, overhead crane, and protective coatings.
Developed plans, marked up as-builts, and specifications shall be submitted to the City in pdf
format.
Final GMP Proposal Package — Design-build team will prepare and submit Construction GMP
Proposal based on the GMP Plans for review by the City which will included the execution of the
work and completion of the design. Design-build team will review GMP proposal with the City.
Permitting Pre-Application Meetings
Design-Builder shall coordinate and attend preapplication meetings with the City and the permit
agencies listed below to discuss the project, project phasing and schedule, and to confirm our
understanding of the application regulations and submittal process. Meetings will be in person,
virtual, or both as suited to meet the needs of the agency and attendees. The preapplication
meeting agenda and minutes will be developed.
• Florida Department of Environmental Protection (FDEP)
o FDEP Form 62-604.300(8)(a). Notification/Application for Constructing a Domestic
Wastewater Collection/Transmission System
• Boynton Beach Building Department
o Planning and Zoning Site Plan Modification Permit
o Building Permit
TASK 5— FIELD INVESTIGATIONS
LiDAR 3D scanning of the pump building interior was not conducted as part of the previous design
efforts since the existing pump station was to be demolished with the originally selected
alternative to construct an inline booster pump station. The costs for the LiDAR 3D scanning
were included in the original lump sum. With the selection of the new alternative to rehabilitate
the existing pump station,the LiDAR 3D scanning could be conducted to develop a detailed model
of the existing lift station to expedite the detailed design in Phase 2.
If the scanning is not conducted, a credit will be provided for the amount listed in the original
proposal ($12,438.00).
First Amendment to PCL Design Build Contract Page 7 of 9
TASK 6—OWNER CONTROLLED ALLOWANCE
Remaining funds from the Owner Controlled Allowance can be utilized for the additional services
identified above.
PROJECT SCHEDULE
The City and the Design-Build team upon agreement of the goals, objectives, and scope will
develop milestones for each assignment if necessary. The overall schedule for these additional
services is estimated for 3 months after notice to proceed.
PROJECT ASSUMPTIONS
The above-noted scope of services has been developed to address the anticipated project
requirements based on direction from the City during the meeting held on February 14, 2024.
The following clarifications and exclusions are being incorporated to establish the basis for the
design and construction of this project.
• Design of a bypassing system, including pumps, piping, and ancillaries, to facilitate
construction is not included.
• The City will provide the Design-builder with its standards and requirements for security
at the pump station, including intrusion alarms, keycards, door readers,security cameras,
and any other security items or features and requirements that the City wishes to
implement in the upgrades to the pump station. The design effort only includes
documentation of the requirements and standards provided by the City and does not
include the development of design drawings or specifications for these systems.
• In providing opinions of cost, financial analyses, economic feasibility projections, and
schedules for potential projects, Design-builder has no control over cost or price of labor
and material; unknown or latent conditions of existing equipment or structures that may
affect operation and maintenance costs; competitive bidding procedures and market
conditions;time or quality of performance of third parties; quality,type, management, or
direction of operating personnel; and other economic and operational factors that may
materially affect the ultimate project cost or schedule. Therefore, Design-builder makes
no warranty that City's actual project costs, financial aspects, economic feasibility, or
schedules will not vary from Design-builder's opinions, analyses, projections, or
estimates.
• The City shall provide access to and facilitate site visits to the facilities as needed and shall
attend all meetings to maintain the progress of the project.
SUBCONSULTANT PARTICIPATION
• Craig A. Smith & Associates will provide subconsultant services for the Task 5 - LiDAR 3D
Scanning, if authorized.
First Amendment to PCL Design Build Contract Page 8 of 9
Exhibit B-1
Phase 1 Services Compensation
Design-build Team Billable Rates:
Design-builder Rate
Principal-in-Charge $235.00
Preconstruction Manager $225.00
Construction Manager $185.00
Project Engineer $135.00
Project Administration $ 75.00
Chief Estimator $185.00
Estimator $150.00
BIM Modeler $125.00
HSE Supervisor $120.00
Superintendent $175.00
Foreman $ 95.00
Design Consultant Rate
Principal $279.00
Design Manager/Project Manager $279.00
Project Engineer/Senior Engineer $257.00
Senior Mechanical Engineer $279.00
Project Support/Engineer $162.00
Hydraulic Modeling $202.00
Senior Electrical Engineer $257.00
Electrical Engineer $202.00
Project Engineer(Process) $202.00
HVAC/Senior Mechanical Engineer $257.00
HVAC Engineer $202.00
Senior Structural Engineer $257.00
Structural Engineer $202.00
CADD/Designer $160.00
Project Administration $105.00
The total compensation for the Preconstruction Services will be lump sum by task below:
Task Description Original Budget Revised Budget Net Increase/ Billing Method
(Decrease)
1 Meetings/Project Management $ 52,060.00 $ 62,596.00 $ 10,536.00 Lump Sum
2 Data Gathering $ 39,440.00 $ 39,440.00 $ - Lump Sum
3 Preliminary Engineering $ 81,559.00 $ 101,910.00 $ 20,351.00 Lump Sum
4 GMP Design Documentation $ 223,929.00 $ 304,876.55 $ 80,947.55 Lump Sum
5 Site Investigations $ 31,662.00 $ 31,662.00 $ - Lump Sum
Subtotal $ 428,650.00 $ 540,484.55
6 Owner Controlled Allowances $ 62,090.00 $ 11,000.00 $ (51,090.00) Lump Sum
Total Lump Sum Proposal $ 490,740.00 $ 551,484.55 $ 60,744.55
Services performed will be reimbursed by invoice on a monthly basis as a percent complete.
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