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Res. No. 74-24RESOLUTION NO.74-24 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CDM CONSTRUCTORS,IN C., FOR PHASE l OF THE CITY OF DELRA Y BEACH WATER TREATMENT PLANT PROGRESSIVE DESIGN BUILD PROJECT PURSUANT TO REQUEST FOR QUALIFICA TI ONS NUMBER 2023-066; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS THERETO AND TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DA TE;AND FOR OTHER PURPOSES. WHEREAS,the City of Delray Beach (the "City")is authorized to enter into agreements to provide services,programming,and products in accordance with its Chart er;and WHEREAS,the City requires the design and construction of a new water treatment plant;and WHEREAS,the City issued Request for Qualifications (RFQ)No.2023-066 to obtain said services; and WHEREAS,on November 7,2023,the City Commission approved the recommendation of an award to CDM Constructors,Inc.,(the "Contractor")for RF Q No.2023-066 and authorized the City to negotiate an agreement for the City of Delray Beach Water Treatment Plant Progressive Design Build Project (the "Project");and WHEREAS,the Project will be completed in two phases through the progressive design-build method;and WHEREAS,Phase I includes the preconstruction and design services related to the Project;and WHEREAS,the City Commission recognizes the need to complete negotiations for Phase l of the Project and authorizes the City Manager to execute an agreement upon the successful negotiation of terms and conditions;and WHEREAS,the City Commission deems approval of this Resolution to be in the best interest of the health,safety,and welfare of the residents and citizens of the City of Delray Beach and the public at large. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH,FLORIDA,AS FOLLOWS: Section l.The foregoing recitals are hereby affirm ed and ratified. Section 2.The City Commission of the City of Delray Beach hereby authorizes the City Manager to execute an agreement and any amendments thereto with COM Constructors,Inc.,for Phase 1 of the Water Treatment Plant Progressive Design Build Project pursuant to RFQ No.2023-066 (the "Agreement"). Section 3.The City Commission authorizes the City Manager to take any and all actions necessary to effectuate the intent of this Resolution. Section 4.This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on the ~day of ~d_,2024. 2 CITY OF DELRAY BEACH CITY ATTORNEY'S OFFICE 200 NW 1 ST Avenue,Delray Beach,FL 33444 561-243-7090 LEGAL RE VIEW FORM This form is to be used solely for the legal review of documents not including procurement agreements. Procurement Agreements are reviewed under a separate cover.This form shall only be completed by a member of the City Attomey's Office. Date of Review:03/01/2024 Document Name:Resolution 74-24 Document Type:Resolution to be utilized if City Commission authorizes the City Manager to execute a future agreement with COM Constructors for the Phase 1 services for the Water Treatment Plant design-build project. Submitted by:NIA â– This document is approved as to form and legal sufficiency. D This document is approved as to form and legal sufficiency;however,the undersigned made the following change(s): D This document is not approved as to form and legal sufficiency for the following reason(s): Notes: s/William M.Bennett,Esq. Assistant City Attorney Copy to: _City Attorney's Office (with a copy of the approved document) X Other:Hassan Hadjimiry,Peggy Cadeaux,and Casetra Thompson