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R25-015 1 RESOLUTION NO. R25-015 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO TASK 5 ORDER NO.UT-4B-03 WITH CDM SMITH,INC. FOR UFT STATION NOS. 6 410 & 414 FORCE MAIN EXTENSIONS; AND FOR ALL OTHER 7 PURPOSES. 8 9 WHEREAS, on August 20, 2018, the City and CDM Smith, Inc., ("Consultant") entered into 10 an Agreement for General Consulting Services ("Agreement"), which authorized the City to issue 11 task orders for projects on an as-needed basis; and 12 WHEREAS, on August 15, 2023, the City Commission approved Task Order UT-4B-03, as 13 modified by two change orders dated on or about September 12, 2023 (collectively the "Task 14 Order") for surveying, geotechnical, permitting & bid assistance, and construction and project 15 management for Lift Station Nos. 410 &414 Force Main Extensions (the "Project"); and 16 WHEREAS, the Parties desire to execute a First Amendment to the Task Order so the 17 Consultant can provide additional engineering and construction services necessary to complete 18 the Project; and 19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 20 best interests of the city's citizens and residents to approve the First Amendment to Task Order 21 No. UT-4B-03 with CDM Smith Inc., for Lift Station Nos. 410 &414 Force Main Extensions. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT: 25 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption. 27 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 28 approve the First Amendment to Task Order No. UT-4B-03 with CDM Smith, Inc. for Lift Station 29 Nos. 410 &414 Force Main Extensions (the "Amendment"), in form and substance similar to that 30 attached as Exhibit A. 31 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 32 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any 33 ancillary documents as may be necessary to accomplish the purpose of this Resolution. 34 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record 35 of the City. A copy of the fully executed Amendment shall be provided to Keith Webber to forward 36 to the Consultant. 37 SECTION 5. This Resolution shall take effect in accordance with law. 38 39 PASSED AND ADOPTED this 7" day of —)Cink LD- 2025. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YF5- NO 42 Mayor–Ty Penserga 43 44 Vice Mayor–Aimee Kelley 45 `- 46 Commissioner–Angela Cruz 47 48 Commissioner–Woodrow L. Hay 49 50 Commissioner–Thomas Turkin 51 52 VOTE 53 ATT T: 54 55 LA .11 111- • 2S- 56 Maylee be Jeus, MPA, M,. C •= ga 57 City Clerk Ma r 58 =� Y N ToA,N 59 • F .• • APPROVED AS TO FORM: � Q�G�FiPORgT�•\-570% •F`�1t1 60 (Corporate Seal) f,`:• ••n 1 61 SEAL •:_ ; INCORPORATED $ A°arib 62 'y1920 63 t, ••. - Shawna G. Lamb 64 �`� FLORIOP City Attorney \ Y 0*. y \ u o tic N 04 FIRST AMENDMENT TO TASK ORDER NO. UT-4B-03 WITH CDM SMITH, INC. FOR LIFT STATION NO.410&414 FORCE MAIN EXTENSIONS 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 CDM Smith, Inc.,a Massachusetts corporation authorized to do business in the State of Florida,with its principal place of business at 75 State Street #701, Boston, MA 02109 ("Consultant") (each a "Party, and collectively referred to as the "Parties"). RECITALS A. On August 20, 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 15, 2023, the City Commission approved Task Order UT-4B-03, as modified by two change orders dated on or about September 12, 2023 (collectively the "Task Order") for surveying, geotechnical, permitting & bid assistance, and construction and project management for Lift Station No. 410 & 414 Force Main Extensions (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. First Amendment to CDM Smith Task Order for Lift Station No. 410&414 Force Main Extensions SRW (12.16.24) Page 1 of 11 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. 4. Fee. The fee for the Additional Services described above in Section 3 shall be Sixty-Two Thousand Five Hundred Eighteen and 91/100 Dollars ($62,518.91) 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 Twenty-Five Thousand Three Hundred Twenty-Three and 46/100 Dollars ($325,323.46). 5. Deliverables. In performing the Additional Services, Consultant shall provide the Deliverables described in Exhibit C, attached hereto. 6. Schedule. Consultant shall provide the Additional Services in accordance with the Project construction schedule established by Contractor, as further described in Exhibit D, attached hereto, with an anticipated completion date of February 24, 2026 (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. 7. Agreement Reference. This First Amendment shall be performed under the terms and conditions described within the Agreement. 8. 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. 9. 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 First Amendment to CDM Smith Task Order for Lift Station No. 410&414 Force Main Extensions SRW (12.16.24) Page 2 of 11 deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 10. 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. 11. 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. 12. The effective date of this First Amendment shall be the date of complete execution by the Parties. 13. 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 CDM Smith Task Order for Lift Station No. 410&414 Force Main Extensions SRW (12.16.24) Page 3 of 11 IN WITNESS WHEREOF, the Parties have executed this First Amendment by their duly authorized representatives. CITY OF BOYNTON BEACH CD MITH, INC. .*". . .....00°— i p is- Ak Ty -enser: ., . ayor N me: Suz. ne Mechler Ttle: Vice 'resident Date: //p/'zeTr" P:te: D- ember 17 2024 Approved as to Form: IiYArli ...,,, Shawna G. Lamb,City Attorney . . i;o . . wN ' . AL : • , Atte. • Aut entica -.• $- . INCORPORATED NCO _ $ __ 192cj •.•': - Maylee pe - s, MMC City -rk ��.��RIDF First Amendment to CDM Smith Task Order for Lift Station No. 410&414 Force Main Extensions SRW(12.16.24) Page 4 of 11 EXHIBIT A SCOPE OF WORK Consultant shall provide the following Additional Services: TASK 1: ENGINEERING DESIGN Subtask 1.1.2 Geotechnical Services The Consultant will be responsible for the coordination of the geotechnical exploration and engineering services for an evaluation of subsoil and groundwater conditions at Location 1. One additional Standard Penetration Test (SPT) boring will be performed to a depth of 25 feet below grade for Horizontal Directional Drilling (HDD) installation at Location 1.The Consultant shall provide a Geotechnical Report to include the results of soil borings, laboratory testing, data evaluation, engineering analysis, and construction suggestions and considerations. The report shall be used by the Consultant for use in preparing design documents.The field investigation shall be performed in accordance with ASTM (American Society of Testing Materials) standards. Subtask 1.3—90-Percent Pre-Final Design For the development of this subtask, the following is the additional responsibility of the Engineer: • Developing soil profile for HDD installation for up to one crossing • Developing Frac-out model for Location 1 • Perform pullback analysis for Location 1 • Develop 90% design drawings and technical specifications for HDD installation at Location 1. Task 3: BID ASSISTANCE The Consultant will provide responses, in writing, to HDD installation questions received during the bidding process from plan holders through the City. TASK 5: LIMITED SERVICES DURING CONSTRUCTION During construction, the Engineer shall provide the following additional services: • Subtask 5.1 Pre-Construction Meeting, Construction Progress Meetings and On-Site Inspection First Amendment to CDM Smith Task Order for Lift Station No. 410&414 Force Main Extensions SRW(12.16.24) Page 5 of 11 Additional on-site inspection to support City during construction phase. Assume up to 4 additional 4 hours per week during construction. Additional field coordination and field oversight to oversee HDD installation. Assume up to six (6) days of field oversight. • Subtask 5.3 Submittal Review, Clarifications Review and respond to up to four (4) Request for Information (RFIs) due to HDD installation work. TASK 6: PROJECT MANAGEMENT,QUALITY MANAGEMENT AND MEETINGS Subtask 6.1 —Project and Quality Management To accommodate the extended duration of the project schedule,the Consultant,through its project manager, will provide additional overall project management and communication between its staff and the City. The Consultant will perform project management and coordination tasks such as project controls, subconsultant management, invoicing, and reporting, and oversight of quality assurance/quality control (QA/QC) activities. The Consultant will prepare monthly progress reports in support of invoices to describe the work performed during the billing period. First Amendment to CDM Smith Task Order for Lift Station No. 410&414 Force Main Extensions SRW (12.16.24) Page 6 of 11 EXHIBIT B FEES The total fee for the Services authorized by this First Amendment is $325,323.46. 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 Approved Budget Task Description (including Revised Net Increase CO#1 and Budget CO#2) Subtask 1.1 Surveying and $57,259.55 $59,478.46 $2,218.91 Geotechnical Services Subtask 1.2 60-Percent Design $49,960.00 $49,960.00 Subtask 1.3 90-Percent Design $28,400.00 $47,180.00 $18,780.00 Subtask 1.4 100-Percent Design $16,480.00 $16,480.00 Subtask 2.1 Permitting Assistance $5,680.00 $5,680.00 Task 3 Bid Assistance $7,380.00 $8,055.00 $675.00 Task 4 Public Outreach $2,780.00 $2,780.00 Task 5 Limited Services during $65,975.00 $101,400.00 $35,425.00 Construction Subtask 6.1 Project Management $21,600.00 $27,020.00 $5,420.00 Subtask 6.2 Meetings $7,290.00 $7,290.00 Totals: $262,804.55 $325,323.46 $62,518.91 The total compensation shown in the table above is based on the hourly rates established in Exhibit A to the General Utilities Engineering Master Agreement as Amended on or about August 19, 2023. Charges will be invoiced monthly based on actual incurred costs and per the task breakdown. Refer below for a detailed fee breakdown and summary of total project design and construction services costs. The City shall make payments to CDM Smith for engineering services during construction performed for this task order in accordance with Article 4 of the Agreement. First Amendment to CDM Smith Task Order for Lift Station No. 410&414 Force Main Extensions SRW(12.16.24) Page 7 of 11 Charges will be invoiced on a monthly basis at hourly rates based on the following: xhibit A- Fee Schedule Hourly Rates Per Executed Contract Date August 20, 2018 Classification Hourly Rate Principal $ 270.00 Project Manager $ 250.00 Sr. Engineer $ 220.00 Process Engineer $ 220.00 Sr. Electrical Engineer $ 230.00 Electrical Engineer $ 160.00 Process Control/Instrumentation $ 210.00 Engineer Sr. Mechanical Engineer $ 2307.00 Mechanical Engineer $ 160.00 Engineer $ 160.00 Designer $ 140.00 GIS Specialist $ 180.00 CADD/Technician $ 140.00 Public Relations Specialist $ 150.00 Construction Inspector $ 165.00 Sr. Rate Analyst $ 240.00 Clerical/Administrative $ 120.00 Reimbursable expenses(postage,prints,Billed At cost delivery) First Amendment to CDM Smith Task Order for Lift Station No. 410&414 Force Main Extensions SRW(12.16.24) Page 8 of 11 840.0 6585065] Prinop.1 61.n.9.r SrEngineer IrupWer Engineer Urpnr Clrlol Total Seinen stream Wrkup To. $270 $200 Sup $165 $160 $140 $120 Hou. Total labor Surveyor , (10%) 00 No Desolation 111s Hrs Hrs ' las No His Hrs His $ 3 a tat 5 $6 Total I 1 Surveying and Geotechnical $ 20,995.81 1.1 Surveying and Geotechnical 15 8 2,017 1 201.72 $ 2,218.91 1.2 60-Percent Design Submittal ( $ $ $ $ 1.3 90-Percent DesgnSobmittal(For Perm1) 1( 2( g 101 $ 16 78U 00 0 16780.00 1.4100 Percent Design Subrruttal(For&d) $ $ $ $ 2 Permitting Assistance 21 Prepare Permit PackagesI I I I I $ $ $ $ 2:Requests for Informeeon I 1$ I s $ 3 Bid Assistance $ 675.00 3.1 Brdding Assistance 0.I I 1 I 4 I q 3.5$ 6751$ $ $ 675.00 4 Publk OutruServices $ dr 4 1 Public Outreach $ ) I $ $ $ I U$ $$ 5 limited Service During Construction $ 75,425.00 Pre-Construction Meeting,Construction 5.1 Progress Meetings and On-Site Inspection 16 16 5 26,565 $ 5 5 26,56500 5.2 Review of!moat Construction Schedule end SOV ( $ $ 5 $ 5 Submittal Review,ClsrMcetbro 8 1r 2) 4E $ 8,860 $ 0 $ 8,860 00 5 J Substantial end Final Corpleton • t $ $ S $ 5.5 Project Management end Meetings $ 5,420.00 6 Project and Quality Management R 1( 31 5 5,420 $ $ $ 5420.00 6.1 Meetings ( $ S $ $ SUB-TOTAL 16.: 1 4 16 9( 1E 340. $ 60,300 $ 5 2,01/ $ 202 $ TotelPropcl.IRE $ 62,518.91 First Amendment to CDM Smith Task Order for Lift Station No.410&414 Force Main Extensions SRW(12.16.24) Page 9 of 11 EXHIBIT C DELIVERABLES Task Number and Description Deliverables Subtask 1.1.2—Geotechnical Services • Electronic copy(PDF)of Geotechnical Report signed/sealed by FL Professional Engineer. Subtask 1.3 90 Percent Pre-Final Design • Design drawings and Technical Specifications for HDD at Location 1 Task 5.0—Limited Services During Construction • Submittal review and clarifications • Inspection Reports Subtask 6.1—Project and Quality Management • Monthly Invoices and Status Reports First Amendment to CDM Smith Task Order for Lift Station No. 410&414 Force Main Extensions SRW (12.16.24) Page 10 of 11 EXHIBIT D SCHEDULE Task Name Duration Start Finish 90%Design 79 days Fri 11/8/24 Tue 3/4/25 Meeting with City- HDD 1 day Fri 11/8/24 Fri 11/8/24 HDD Calcs 8 days Mon 11/18/24 Wed 11/27/24 Design 35 days Mon 12/2/24 Tue 1/21/25 TRC 10 days Wed 1/22/25 Tue 2/4/25 OPCC 5 days Wed 2/5/25 Tue 2/11/25 Revisions 10 days Wed 2/5/25 Tue 2/18/25 Submittal . . Tue 2/18/25 Tue 2/18/25 90%Design Review by City 10 days Wed 2/19/25 Tue 3/4/25 90%Design Workshop 0 days Tue 3/4/25 Tue 3/4/25 100%Design ,a days Wed 3/5/25 Tue 3/18/25 Permitting 40 days Wed 3/5/25 Tue 4/29/25 _ Bid 80 days Wed 3/19/25 Thu 7/10/25 L Construction _ 160 days Fri 7/11/25 Tue 2/24/26 Closeout 10 days Wed 2/25/26 Tue 3/10/26 First Amendment to CDM Smith Task Order for Lift Station No. 410&414 Force Main Extensions SRW (12.16.24) Page 11 of 11