R25-206 RESOLUTION NO. R25-206
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO TASK ORDER
3 NO. UT-3E-04 WITH WEST ARCHITECTURE + DESIGN, LLC, FOR
4 PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
5 RELATING TO THE WEST WATER TREATMENT PLANT WATER QUALITY
6 LAB IMPROVEMENTS AND MISCELLANEOUS UPGRADES, FOR
7 ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES FOR THE
8 PROJECT AND INCREASING THE TOTAL FEE OF THE TASK ORDER TO
9 $247,280; AND FOR ALL OTHER PURPOSES.
10
11
12 WHEREAS, on August 22, 2018, the City and West Architecture + Design, LLC
13 ("Consultant") entered into an Agreement for General Consulting Services ("Original Agreement"),
14 which authorized the City to issue task orders for projects on an as-needed basis; and
15 WHEREAS, on August 11, 2022, the City issued Purchase Order No. 221711 and approved
16 Task Order UT-3E-04 (the "Original Task Order") for professional architectural and engineering
17 services relating to the West Water Treatment Plant Water Quality Lab Improvements and Misc.
18 Upgrades (the "Project"); and
19 WHEREAS, on April 18, 2023, the City Commission approved the First Amendment to the
20 Original Task Order for Consultant to provide additional design services to the City regarding the
21 Project and to adjust the fees (the "First Amendment") (the Original Task Order and First
22 Amendment are collectively referred to as the "Task Order"); and
23 WHEREAS, the Parties desire to execute a Second Amendment to the Task Order so the
24 Consultant can provide additional Construction Administration Services for the Project in an
25 amount of$82,140, increasing the total fee payable to the Consultant under this Task Order to an
2( amount not to exceed $247,280; and
27 WHEREAS, the consultant participated in the procurement process, was awarded, and
25 entered into a new Agreement for CCNA General Consulting Services with the City, thereby
29 complying with the CCNA's procurement requirements; however, the Consultant has agreed to
30 honor the pricing and terms of the Original Agreement for the scope of work related to the Project;
31 and
32
RESOLUTION NO. R25-206
33 WHEREAS,the City Commission, upon the recommendation of staff, has deemed it in the
34 best interests of the City's citizens and residents to approve Amendment No. 2 to Task Order No.
35 UT-3E-04 with West Architecture + Design, LLC, for professional architectural and engineering
36 services relating to the West Water Treatment Plant Water Quality Lab Improvements and
37 Miscellaneous Upgrades, for additional Construction Administration Services for the Project and
38 increasing the total fee of the Task Order to $247,280.
39
40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
41 BEACH, FLORIDA, THAT:
42 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
43 being true and correct and are hereby made a specific part of this Resolution upon adoption.
44 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
45 approve Amendment No. 2 to Task Order No. UT-3E-04 with West Architecture + Design, LLC, for
46 professional architectural and engineering services relating to the West Water Treatment Plant
47 Water Quality Lab Improvements and Miscellaneous Upgrades, for additional Construction
48 Administration Services for the Project and increasing the total fee of the Task Order to $247,280
49 (the "Amendment"), in form and substance similar to that attached as Exhibit A.
50 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
51 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any
52 ancillary documents as may be necessary to accomplish the purpose of this Resolution.
53 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record
54 of the City. A copy of the fully executed Amendment shall be provided to Eduardo Garcia to
55 forward to the Consultant.
56 SECTION 5. This Resolution shall take effect in accordance with the law.
57
58 [SIGNATURES ON THE FOLLOWING PAGE]
59
RESOLUTION NO. R25-206
60 PASSED AND ADOPTED this J day ofi,&- 2025.
61 CITY OF BOYNTON BEACH, RIDA
62 YES NO
63 Mayor— Rebecca Shelton I/
64
65 Vice Mayor—Woodrow L. Hay
66
67 Commissioner—Angela Cruz
68
69 Commissioner—Thomas Turkin
70
71 Commissioner—Aimee Kelley
72
73 VOTE —0
7• A iiiT:
0
76
.
77 Maylee De -sis, MPA, M , Rebecca Shelton
78 City Cler Mayor
79
80 ...-%0Y N To4N APPROVED AS TO FORM:
81 (Corporate Seal) .0.•..cpPOR*... 6 li
I
82 i :' SEAL '•__'•# A,,,,aui )ii„,,i
83 ; INCORPORATED 0
84 fi ...1920.1• ; Shawna G. Lamb
85 '�t ' City Attorney
`‘‘ FL0RIOP r
' Y OF
41 _
o \ • v
D �P
�Tch v
SECOND AMENDMENT TO TASK ORDER NO. UT-3E-04 WITH WEST ARCHITECTURE + DESIGN, LLC
FOR WEST WATER TREATMENT PLANT SERVICES
This Second Amendment ("Second 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 West Architecture+ Design, LLC,with its principal place
of business at 820 N. 4th St., Lantana, FL 33462 ("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 ("Original Agreement"), which authorized the City to issue task orders for projects
on an as-needed basis.
B. On August 11, 2022, the City issued Purchase Order No. 221711 and approved Task
Order UT-3E-04 (the "Original Task Order") for professional architectural and engineering services
relating to the West Water Treatment Plant Water Quality Lab Improvements and Misc. Upgrades
(the "Project").
C. On April 18, 2023, the City Commission approved the First Amendment to the Original
Task Order for Consultant to provide additional design services to the City regarding the Project and to
adjust the fees (the"First Amendment") (the Original Task Order and First Amendment are collectively
referred to as the "Task Order"); and
D. The Parties desire to execute a Second Amendment to the Task Order so the Consultant
can provide additional Construction Administration Services for the Project; and
E. The consultant participated in the procurement process, was awarded, and entered
into a new Agreement for CCNA General Consulting Services with the City,thereby complying with the
CCNA's procurement requirements; however, the Consultant has agreed to honor the pricing and
terms of the Original Agreement for the scope of work related to the Project.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
Second Amendment to West Architecture Task Order UT-3E-04 for West Water Treatment Plant
SRW (7.14.25) Page 1 of 7
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this Second 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 Construction Administration Services as further detailed in Exhibit A, attached hereto.
4. Fee. The fee for the additional services described above in Section 3 shall be Eighty-Two
Thousand One Hundred Forty Dollars ($82,140.00), with the fee breakdown per task described in
Exhibit B, attached hereto. The total Fee to be paid to the Consultant under this Task Order is
amended to Two Hundred Forty-Seven Thousand Two Hundred Eighty Dollars ($247,280.00).
5. Agreement Reference. This Second Amendment shall be performed under the terms and
conditions described within the Agreement.
6. 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 that 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.
7. In the event of any conflict or ambiguity between this Second Amendment, the Task Order,
and the Agreement, the Parties agree that this Second Amendment shall control. The Agreement,
and Task Order, as amended herein by this Second 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.
8. Preparation of this Second 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.
Second Amendment to West Architecture Task Order UT-3E-04 for West Water Treatment Plant
SRW (7.14.25) Page 2 of 7
9. Consultant acknowledges that through the date this Second Amendment is executed by
Consultant, Consultant has no claims or disputes against City with respect to any of the matters
covered by the Agreement.
10. The effective date of this Second Amendment shall be the date of complete execution by
the Parties.
11. This Second 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.
Second Amendment to West Architecture Task Order UT-3E-04 for West Water Treatment Plant
SRW (7.14.25) Page 3 of 7
IN WITNESS WHEREOF, the Parties have executed this Second Amendment by their
duly authorized representatives.
CITY OF BOYNTON BEACH WEST ARCHITECTURE + DESIGN, LLC
,,/
6;
Rebecca Shelton, Mayor Peter Ganci, Principal
Date: p Q
ClgOgS— Date: 7 ir.
Approved as to Form:
s A/114a j WA T
Shawna G. Lamb, City Attorney
pF BOYNTp h
r �
ie� ;•CORPpR 1�
r Attee l Aut •ntica - • v 9T`�•��EA �
k, ��NCORP
=;ipRATEA '
, ., 1920 ; i
Maylee e t�, .........•'
\ 40RIDA
_'
Second Amendment to West Architecture Task Order UT-3E-04 for West Water Treatment Plant
SRW (7.14.25) Page 4 of 7
EXHIBIT A
SCOPE OF WORK
1. Changes to services for Construction Administration (Managed by the City)
a) Increased Coordination Efforts Due to Unforeseen Conditions. Unanticipated project
developments have significantly increased the level of effort required by our team to support the
City throughout the construction phase. These include:
i. The Mold Remediation Issues:
The discovery and required mitigation of mold during construction created additional
coordination with the design team, consultants, and contractors to address health, safety,
and material replacement concerns.
ii. Extended Construction Duration:
The original construction period was estimated at six (6) months. Due to delays caused by
the mold remediation process as well as the late release of the building permit from the
County, the construction schedule has now been extended to approximately eleven (11)
months. This has required our team's continued involvement far beyond the original scope
and schedule.
iii. Changes in Mechanical Equipment:
Substitutions were required for the air conditioning units originally specified in the design
documents due to availability issues. This necessitated re-evaluation of equipment
compatibility, system performance, and layout adjustments, increasing design coordination
time.
iv. Design Revisions from Discrepancies in Existing Building Documentation:
Numerous discrepancies were discovered between the as-built documentation provided by
the City and actual field conditions. This required real-time design revisions to resolve
conflicts and ensure constructability without delaying the project.
v. Unforeseen Field Changes Requiring Design Adaptation:
Field conditions encountered during construction required the design team to quickly
respond with modifications to construction details, layouts, and material selections.
b) Increased Volume of RFIs and Submittals
The number of RFIs and submittals has exceeded expectations due to unforeseen conditions and
the overall volume of documentation,which has resulted in a higher administrative and technical
review effort on our part.
Second Amendment to West Architecture Task Order UT-3E-04 for West Water Treatment Plant
SRW (7.14.25) Page 5 of 7
c) Increased Frequency of Progress Meetings
i. To address ongoing field issues and maintain clear communication with all parties, the
frequency of construction progress meetings has been increased from monthly (as originally
planned) to bi-weekly. This increase in meeting frequency has resulted in additional staff
time and administrative effort not accounted for in the original scope.
Second Amendment to West Architecture Task Order UT-3E-04 for West Water Treatment Plant
SRW (7.14.25) Page 6 of 7
EXHIBIT B
FEES
EXHIBIT"B"
SCOPE E-LABOR RATE BREAKDOWN
Prindpal Project Manager Senior Engineer
Number Total Rate Total Rate Total Rate
Item of!terns Hrs hours 5/Hr Sub-Total Hrs hours 5/Hr Sub-Total Firs hours 5/Hr Sub-Total
Project Coordlnaticn 1 45 45 180 $8,100.00 85 85 130 $11,050.00 40 40 150 $6,000.00
Eubmlttals 50 0.5 25 180 54,500.00 3 150 130 519,500.00 1 50 150 57,50.00
8FI's 30 0.15 4.5 180 5810.00 3 90 130 $11,700.00 1 30 150 54,500.(0
Pr ogress Meetlrgs/Ste
Visits lE 0.25 4 180 572000 2 32 130 54,16000 1.5 24 150 53,600.00
Sub-Total 78.5 $14,130.00 357 546,410.00 144 521,600.00
Total $82,140.00
We Architecture + Design, LLC.
820 N 4th St.Lantana,Florida 334621 Phone:561-588-2027 I Fax:561-582-9419
License No.AA26001503/ i,.1,tarn
Second Amendment to West Architecture Task Order UT-3E-04 for West Water Treatment Plant
SRW (7.14.25) Page 7 of 7