R24-057 1 RESOLUTION NO. R24-057
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN
5 AMENDMENT NO. 4 TO GRANT AGREEMENT NO. 50853 BETWEEN THE
6 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE
7 CITY OF BOYNTON BEACH FOR THE OCEANFRONT PARK WASTEWATER
8 TREATMENT PLANT UPGRADE PROJECT; PROVIDING AN EFFECTIVE
9 DATE;AND FOR OTHER PURPOSES.
10
11
12 WHEREAS, the City of Boynton Beach and the State of Florida Department of
13 Environmental Protection ("FDEP") entered into Grant Agreement No. S0853 on March 22,
14 2016, for the Boynton Beachfront Park Sewer Treatment Plant Replacement project; and
15 WHEREAS,the Grant Agreement specified that the Rotator Biological Contactor(RBC),
16 would be replaced. However, the City performed additional analysis and found that the
17 equipment can be repaired instead of replaced, which is more cost-effective; and
18 WHEREAS, the parties desire to extend the term of the Grant Agreement for one (1)-
19 year, with a new completion date of June 30, 2025; and
20 WHEREAS, the City desires to enter into Amendment No. 4, amending the scope of
21 work, and the term of the Grant Agreement; and
22 WHEREAS, upon recommendation of staff, the City Commission finds it in the best
23 interest of the citizens and residents of the City of Boynton Beach to approve and authorize
24 the City Manager to sign Amendment No. 4 to Grant Agreement No. S0853 between FDEP
25 and the City of Boynton Beach for the Boynton Beachfront Park Sewer Treatment Plant
26 Replacement project.
27
28
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
30 BOYNTON BEACH, FLORIDA, THAT:
31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption
33 hereof.
34 SECTION 2. The City Commission approves and authorizes the City Manager to
35 execute Amendment No. 4 to Grant Agreement No. 50853 between the Florida Department
36 of Environmental Protection and the City of Boynton Beach for the Boynton Beachfront Park
37 Sewer Treatment Plant Replacement project, in form and substance similar to that attached as
38 "Exhibit A".
39 SECTION 3. The Amendment executed by the City shall be forwarded to Eduardo
40 Garcia, Utilities Department, to obtain execution of the Amendment by FDEP. Eduardo Garcia,
41 Utilities Department, shall be responsible for ensuring that one fully executed Amendment is
42 returned to the City Clerk's office for retention as a public record.
43 SECTION 4. This Resolution shall take effect as provided by law.
44
45
46 [signatures on following page]
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52 PASSED AND ADOPTED this 2nd day of April 2024.
53 CITY OF BOYNTON BEACH, FLORIDA
54
55 YES NO
56
57 Mayor-Ty Penserga
58 /
59 Comm uxKThomas Turkin
60 /
61 l pwt): u6nal -Angela Cruz
62
63 Cororn‘Sstajf-Woodrow L. Hay
64 ✓
65 ('t `( r Aimee Kelley
66
67 VOTE '_Q
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69 AT ' :
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72 Mayle: D, esus, MPA MC --.—�a
73 City Cler 0 Ma ,•
74
75 A'PROVED AS T FORM:
76 (Corporate Seal) �.�NTOIy e��2 jhadedg
-/ �/77 Q) .•.ORATE',� ,11 ��1GC`�/"'�OAC �0� t •.� 11
78 /2,,; ��L V. Shawna G. Lamb
79 S vs %I 'l $City Attorney
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\., FLORA_
AMENDMENT NO.4
TO AGREEMENT NO.S0853
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
CITY OF BOYNTON BEACH
This Amendment to Agreement No. S0853 (Agreement), as previously amended, is made by and between the
Department of Environmental Protection (Department), an agency of the State of Florida, and the City of Boynton
Beach(Grantee),on the date last signed below.
WHEREAS, the Department entered into the Agreement with the Grantee for Boynton Beachfront Park Sewer
Treatment Plant Replacement(Project),effective March 22,2016;and,
WHEREAS,the Grantee has requested a revision in the scope of work for the Project;and,
WHEREAS,the Grantee has requested an extension of the Agreement due to construction delays and,
WHEREAS,the parties have agreed to amend the Agreement as set forth herein.
NOW THEREFORE,the parties agree as follows:
1. Section 2. of the Agreement is hereby revised to change the Date of Expiration to December 31,2025. The
Department and the Grantee shall continue to perform their respective duties during this extension period
pursuant to the same terms and conditions provided in the Agreement.
2. The following is hereby added to the Agreement as Section 32:
State Funds Documentation. Pursuant to section 216.1366,F.S.,if Contractor meets the definition of a
non-profit organization under section 215.97(2)(m),F.S.,Contractor must provide the Department with
documentation that indicates the amount of state funds:
i. Allocated to be used during the full term of the contract or agreement for remuneration to any
member of the board of directors or an officer of Contractor.
ii. Allocated under each payment by the public agency to be used for remuneration of any member of
the board of directors or an officer of the Contractor.
The documentation must indicate the amounts and recipients of the remuneration. Such information must be
posted on the State's contract tracking system and maintained pursuant to section 215.985,F.S.,and must be
posted on the Contractor's website,if Contractor maintains a website.
3. Attachment A-3, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment
A-4,Revised Grant Work Plan,as attached to this Amendment and hereby incorporated into the Agreement.
All references in the Agreement to Attachment A shall hereinafter refer to Attachment A-4, Revised Grant
Work Plan.
4. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency
may appear between the Agreement and this Amendment,the provisions of this Amendment shall control.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. S0853,Amendment No.4,Page 1 of 2
The parties agree to the terms and conditions of this Amendment and have duly authorized their respective
representatives to sign it on the dates indicated below.
CITY OF BOYNTON BEACH STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
i
Digitally signed by Angela
l; +iCv Knecht
By: -� By: Date:2024.04.05 08:22:05 04'00'
Authorized Signature Secretary or Designee
Daniel Dugger, City Manager Angela Knecht,Division Director
Print Name and Title Print Name and Title
Date: -f 3-p`-‘\ Jin Di ;0I- Date:
V
Carolina Garcia- Digitally signed by Carolina
=-i Spy NTpN
Garcia-Umana
a
1 Umana Date:2024.04.04 16:10:55-04'00'
CITY A a RNEY'S OF C O.•�RPORgr•.6
,nn ' •� .• f•. A. ' oliva Garcia-Umana, DEP Grant Manager
Appco .; , t• Y• and Be �� �1/ +: : n
B i C.1 s SEAL Digitally signed by Zach Easton
By:
r Zach Easton Date:2024.04.04 16:1 7:1 1
Shawna G.Lamb, r .INCORPORATED -04'00'
City AttorneyIIi 'ti 1920 , • `
h Easton,DEP QC Reviewer
tt �••••.....•••
FCORIOP
List of attachments/exhibits included as part of this Amendment:
Specify Type Letter/Number Description
Attachment A-4 Revised Grant Work Plan
DEP Agreement No. S0853,Amendment No.4, Page 2 of 2
ATTACHMENT A-4
REVISED GRANT WORK PLAN
PROJECT TITLE: Boynton Beachfront Park Sewer Treatment Plant Replacement
PROJECT LOCATION: The Project will be located at 6451 North Ocean Boulevard, Ocean Ridge,
Florida in Palm Beach County. The hydrological unit for this project is 03090202 and the water body
identifiers are 3226F, 3226F2, and 8098. The project coordinates are Lat/Long (26.5299, -80.0477). See
Figure 1 for a location map and site plan.
PROJECT BACKGROUND: The existing Rotating Biological Contactor(RBC)treatment system for the
wastewater treatment plant (WWTP) at Oceanfront Park was constructed in 1982 for the park and
surrounding areas.At that time,there was a much larger flow of water,but the flow has severely diminished
due to water conservation and population demographic shifts. As a result, the WWTP is significantly
oversized and cannot treat the wastewater flow adequately.
PROJECT DESCRIPTION: The Grantee will install improvements to the RBC treatment system and
WWTP at Oceanfront Park. The RBC improvements will include the replacement of the gear box, motor,
pillow blocks,bearings and biozone tube. The other WWTP improvements will include the replacement of
existing roof and hatches, installation of new lights and replacement of damaged fixtures, replacement of
existing fan,main gate and door replacement for a high velocity hurricane resistance,and chain link fence.
The Project will also include the replacement of the existing control panel, electrical equipment, aging
components along with minor structural repairs around the fan, doorway, and other identified areas within
the WWTP.
TASKS: All documentation should be submitted electronically unless otherwise indicated.
Task 1: Design and Permitting
Deliverables: The Grantee will complete the design of the RBC treatment system and WWTP
improvements and obtain all necessary permits for construction of the project.
Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as
provided in the Grantee's Certification of Payment Request; and 2) a summary of design activities to date,
indicating the percentage of design completion for the time period covered in the payment request. For the
final documentation,the Grantee will also submit a copy of the design completed with the funding provided
for this task and a list of all required permits identifying issue dates and issuing authorities.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables have been completed as described above. Upon review and written acceptance by the
Department's Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
Task 2: Bidding and Contractor Selection
Deliverables: The Grantee will prepare a bid package and publish notice and solicit bids, conduct pre-bid
meetings, and respond to bid questions, in accordance with the Grantee's procurement process, to select
one or more qualified and licensed contractors to complete construction of RBC treatment system and
WWTP improvements.
DEP Agreement No. S0853, Attachment A-4, Page 1 of 4
Documentation: The Grantee will submit: 1) the public notice of advertisement for the bid; 2) the bid
package; and 3) a written notice of selected contractor(s).
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables have been completed as described above. Upon review and written acceptance by the
Department's Grant Manager,the Grantee may proceed with payment request submittal.
Payment Request Schedule:The Grantee may submit a payment request for cost reimbursement following
the conclusion of the task.
Task 3: Project Management
Deliverables: The Grantee will perform project management, including field engineering services,
construction observation, site meetings with construction contractor(s) and design professionals, and
overall project coordination and supervision.
Documentation: The Grantee will submit interim progress status summaries including summary of
inspection(s),meeting minutes and field notes, as applicable.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables have been completed as described above. Upon review and written acceptance by the
Department's Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
Task 4: Construction
Deliverables: The Grantee will construct RBC treatment system and WWTP improvements in accordance
with the construction contract documents.
Documentation: The Grantee will submit 1) a copy of the final design; 2) a signed acceptance of the
completed work to date, as provided in the Grantee's Certification of Payment Request; and 3) a signed
Engineer's Certification of Payment Request.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables have been completed as described above. Upon review and written acceptance by the
Department's Grant Manager,the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
DEP Agreement No. S0853, Attachment A-4, Page 2 of 4
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation
received by,the corresponding task end date. Cost reimbursable grant funding must not exceed the budget
amounts as indicated below.
Task Task Title Budget Budget Task Task
No. Category Amount Start Date End Date
1 Design and Permitting Contractual $20,000 07/01/2015 06/30/2025
Services
Bidding and Contractor Contractual
2 Selection Services $5,000 07/01/2015 06/30/2025
3 Project Management Contractual $20,000 07/01/2015 06/30/2025
Services
4 Construction Contractual $255,000 07/01/2015 06/30/2025
Services
Total: $300,000
Note that, per Section 4 of the Agreement, authorization for continuation and completion of work and any
associated payments may be rescinded, with proper notice, at the discretion of the Department if the
Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds
for this project may become unavailable in the future. This should be a consideration for the Grantee with
this and future requests for extension.
DEP Agreement No. S0853,Attachment A-4, Page 3 of 4
Figure 1: Location Map and Site Plan
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DEP Agreement No. S0853, Attachment A-4, Page 4 of 4