R25-025 1 RESOLUTION NO. R25-025
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE
5 CONSTRUCTION CONTRACT FOR ITB UTL24-019 EAST WATER
6 TREATMENT PLANT HIGH SERVICE PUMPS 5 & 6 IMPROVEMENTS
7 PROJECT WITH FLORIDA DESIGN DRILLING, LLC, ADDING A 10%
8 CONTINGENCY FUNDING IN THE AMOUNT OF $45,862.50, FOR
9 STAFF-AUTHORIZED CHANGE ORDERS TO ADDRESS UNFORESEEN
10 CONDITIONS, BRINGING THE TOTAL NOT-TO-EXCEED AMOUNT TO
11 $504,487.50; AND FOR ALL OTHER PURPOSES.
12
13 WHEREAS, on May 7, 2024, the City and Florida Design Drilling, LLC ("Vendor") entered
14 into a Construction Contract No. UTL24-019 for East Water Treatment Plant High Service Pumps
15 5 & 6 Improvements Project (the "Agreement"); and
16 WHEREAS,the Parties desire to amend the Agreement to add a 10%Contingency Funding
17 in the amount of$45,862.50 for staff-authorized change orders to address unforeseen conditions,
18 bringing the total not-to-exceed purchase order amount to $504,487.50; 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 a First Amendment to the Construction
21 Contract for ITB UTL24-019 East Water Treatment Plant High Service Pumps 5 & 6 Improvements
22 Project with Florida Design Drilling, LLC, adding a 10% Contingency Funding in the amount of
23 $45,862.50, for staff-authorized change orders to address unforeseen conditions, bringing the
24 total not-to-exceed amount to $504,487.50.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
27 BEACH, FLORIDA, THAT:
28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption.
30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
31 approve a First Amendment to the Construction Contract for ITB UTL24-019 East Water Treatment
32 Plant High Service Pumps 5 & 6 Improvements Project between Florida Design Drilling, LLC and
33 the City adding a 10% Contingency Funding in the amount of $45,862.50, for staff-authorized
34 change orders to address unforeseen conditions, bringing the total not-to-exceed amount to
35 $504,487.50 (the "Amendment"), in form and substance similar to that attached as Exhibit A.
36 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
37 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any
38 ancillary documents as may be necessary to accomplish the purpose of this Resolution.
39 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record
40 of the City. A copy of the fully executed Amendment shall be provided to Keith Webber to forward
41 to the Vendor.
42 SECTION 5. This Resolution shall take effect in accordance with law.
43 11
44 PASSED AND ADOPTED this day of JCIXbI tarLi2025.
45 CITY OF BOYNTON BEACH, FLORIDA
46 YEE NO
47 Mayor—Ty Penserga
48
49 Vice Mayor—Aimee Kelley
50
51 Commissioner—Angela Cruz
52
53 Commissioner—Woodrow L. Hay
54 f
55 Commissioner—Thomas Turkin
56
57 VOTE (�
58 ATT ST
59
60 •
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61 Maylee D: -sus, MPA, M./C •: s- ga
62 City Cl- Ma •r
63 gOYN7:���
64 %OF..•••••..0 •1, APPROVED AS TO FORM:
65 (Corporate Seal) v �, RPcR��F���2
66 i 1 ���
67 � :NCORpORA�DD: Ahla S /a
+�� � •'i192068 •.• Shawna G. Lamb amb
I !69 / City Attorney
70
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AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON
\r". a BEACH AND FLORIDA DESIGN DRILLING, LLC FOR EAST WATER TREATMENT
tiTON 04' PLANT HIGH SERVICE PUMPS 5 & 6 IMPROVEMENTS PROJECT
This First Amendment("Amendment") is entered into by and between the City of Boynton
Beach, a Florida municipal corporation ("City"), and Florida Design Drilling, LLC, a Florida Limited
Liability Company registered to transact business in the State of Florida ("Vendor") (collectively
referred to as the "Parties").
RECITALS
A. On May 7, 2024, the Parties entered into Contract No. UTL24-019 (the
"Agreement") for East Water Treatment Plant High Service Pumps 5 & 6 Improvements Project.
B. The Parties desire to amend the Agreement to add a 10% Contingency Funding in
the amount of$45,862.50 for staff-authorized change orders to address unforeseen conditions,
bringing the total not-to-exceed purchase order amount to $504,487.50.
Now, therefore, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, City and Vendor 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. The Agreement is hereby amended as follows:
Amendment to Article 4: CONTRACT PRICE. Article 4 is hereby amended to include 10%
Contingency Funding in the amount of Forty-Five Thousand Eight Hundred Sixty-Two and
50/100 Dollars ($45,862.50) for staff-authorized change orders to address unforeseen
changes. The total not to exceed amount pursuant to this Agreement is hereby increased
from Four Hundred Fifty-Eight Thousand Six Hundred Twenty-Five and 00/100 Dollars
($458,625.00)to Five Hundred Four Thousand Four Hundred Eighty-Seven and 50/100 Dollars
($504,487.50).
4. 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
First Amendment to Contract No. UTL24-019 Page 1 of 4
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
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.
5. Vendor acknowledges that through the date this Amendment is executed by Vendor,
Vendor has no claims or disputes against City with respect to any of the matters covered by the
Agreement.
6. The following new sections are added to Article 18 of the Agreement as follows:
18.10 Contingency Funds. ALL CONTINGENCY SUMS ARE CITY'S CONTINGENCY AND
REMAIN THE CITY'S PROPERTY UNTIL EXPENSE IS APPROVED. The Agreement price
shall not include any contingency amounts. If the Agreement or schedule of bid prices
includes an agreed sum as contingency, such amount is identified solely for budget
purposes and remains the City's funds. City may approve the use of contingency funds
only for the purpose of defraying the expenses due to unforeseen conditions, extra
work, and circumstances relating to construction, unless otherwise agreed. Such
contingency funds are not for use by the Vendor to cover shortfalls in the Vendor's
bid amount and not for use by the City to increase the scope of work. Vendor shall
obtain prior written approval from City prior to the expenditure of contingency funds,
and Vendor will be required to furnish documentation evidencing expenditures
charged to contingency and/or allowances prior to the release of such funds by City.
All uncommitted contingency funds remain the funds of City.
18.11 Public Entity Crime Act. Vendor represents that it is familiar with the
requirements and prohibitions under the Public Entity Crime Act, Section 287.133,
Florida Statutes, and represents that its entry into this Agreement will not violate that
Act. Vendor further represents that there has been no determination that it
committed a "public entity crime" as defined by Section 287.133, Florida Statutes, and
that it has not been formally charged with committing an act defined as a "public
entity crime" regardless of the amount of money involved or whether Vendor has
been placed on the convicted vendor list.
18.12 Prohibited Telecommunications Equipment. Vendor represents and certifies
that Vendor and all subvendors do not use any equipment, system, or service that
uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system, as such
terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and
certifies that Vendor and all subvendors shall not provide or use such covered
telecommunications equipment, system, or services during the duration of the term
of the Agreement.
18.13 Sovereign Immunity. Except to the extent sovereign immunity may be deemed
First Amendment to Contract No. UTL24-019 Page 2 of 4
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.
18.14 Anti-Human Trafficking. On or before the Effective Date of this Amendment,
Vendor shall provide City with an affidavit attesting that the Vendor does not use
coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes.
7. The effective date of this Amendment shall be the date of complete execution by the
Parties.
8. 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 Contract No. UTL24-019 Page 3 of 4
CITY OF BOYNTON BEACH
CITY OF BOYNTON BEACH
By .1 111 ....•
y P: • ga, Mayor
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2l day of _ "C"----,.. .1 , 2025
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Attes /� 1. ;'��.•GORPORgT'L,z...11
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City Cler i v' F�V;c� e
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RATED:
CITY ATTORNEY " OFFICE �i1920
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Approved as to form and legality • .
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By: aa.0///4 d/rl�
FLORIDA DESIGN DRILLING, LLC
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By c-SIGN'
<Ariz Signer ; p ..-,D iij
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Print Name and Title = : n
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First Amendment to Contract No. UTL24-019 Page 4 of 4
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