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R08-035 " 1 RESOLUTION NO. R08- 035 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE CITY MANAGER TO EXECUTE 6 TASK ORDER NO. U08-1 IN THE AMOUNT OF 7 $23,760.00 WITH GHD CONSULTING TO ASSIST THE 8 UTILITIES DEPARTMENT IN DEVELOPING A ROAD 9 MAP FOR IMPLEMENTING AN ASSET 10 MANAGEMENT PROGRAM; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, an Asset Management Program is an integrated collection of 15 information systems, advanced operating management techniques and best available 16 technologies that will be required to effectively maintain and renew the Utilities 17 infrastructure; and 18 WHEREAS, The program will enable the Utilities to balance the use and 19 exploitation of the infrastructure with renewal and replacement efforts; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon 21 recommendation of staff, deems it to be in the best interest of the citizens of the City of 22 Boynton Beach to authorize execution of Task Order U08-1 in the amount of $23,760.00 23 with GHD Consulting. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does S:ICAIRESOlAgreementslTask - Change OrderslGHD U08-1 AMP doc " 1 hereby authorize and direct the approval and execution by the City Manager of Task Order 2 U08-1 in the amount of $23,760.00 with GHD Consulting for assistance in developing a 3 road map for implementing an Asset Management Program in a cost effective manner, a 4 copy of which is attached hereto as Exhibit "A". 5 Section 3. This Resolution shall become effective immediately upon passage. 6 PASSED AND ADOPTED this ~ day of March, 2008. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CITY OF BOYNTON BEACH, FLORIDA ~r-Jose com~2io ~ . Weiland L!/~CC~C~ / Comr~ssjoner -;? . oO.drow c/ //I~4~&' Commissioner - Marlene Ross / p~ (Corporate Seal) S:ICAIRESOlAgreementslTask - Change OrderslGHD U08-1 AMP doc 2 AGREEMENT RoB - 025" for GENERAL CONSULTING AND ENGINEERING SERVICES Asset Management Improvement Program Roadmap THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and GHD Consulting Inc., hereinafter referred to as "Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, the Director of Utilities, through his administrative staff, has successfully negotiated an agreement with Consultant defining terms and conditions for the performance of consulting services. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1) REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true and correct. 2) PROJECT DESIGNATION. The Consultant is retained by the City to perform general consulting services under contract with the City whereby the Consultant, on a non-exclusive basis, under the terms of this agreement, upon written request by the City, will provide professional services to the City for: a Developing an Asset Management Improvement Program Roadmap to assist the City in developing a comprehensive Asset Management Program 3). TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, unless an extension of such time is granted in writing by the City. 4.) PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made based on the hourly rates as provided on Exhibit "A" attached hereto. The hourly rates shall be reviewed and may be adjusted in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. CA-l c. Final payment of any balance due the Consultant will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made if executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, with out the written consent of the Consultant, shall be at the City's sole risk. WARRANTIES AND REPRESENT A TIONS. Consultant represents to the City that it is competent to engage in the scope(s) of services contemplated under this agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. Consultant's services shall meet a standard of care for professional engineering and related services equal to or exceeding the standard of care for engineering professionals practicing under similar conditions. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICA TION. Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use, that may result from this Agreement or out of the services or goods furnished hereunder. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage; and, professional liability insurance in the amount of $1,000,000 per occurrence/aggregate. The general liability policy shall include the City as an additional insured and shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to the City. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon CA-2 thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deduction federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or ay other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. DISCRIMINA TION PROHBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) written notice to the City. CA-3 DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida law. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Attn: Kofi Boateng, Director of Utilities Notices to Consultant shall be sent to the following address: GHD Consulting Inc. 222 South Church Street - Suite 215M Charlotte, NC 28202 Attn. Wayne Francisco, Service Group Manager INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. CA-4 DA TED this 14--(t.... day of Ja__~~~ , 20 tJO. CITY OF BOYNTON BEACH ~ Kurt Bressner, City Manager Attest! Authenticated: ~'tn.P~ Ity erk GHD CONSULTING INC. -- 0, Service Group Manager Attest! Authenticated: Secretary CA-5 J-- --I m CLIENTS PEOPLE PERFORMANCE ..... RoB - 03S 02 January 2008 City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Our ref: Your ref: 86/09027/15/27 Attn: Peter V. Mazzella, Deputy Director of Utilities Dear Peter Utility Department Asset Management Improvement Program Task Order #~ u o("~. , BACKGROUND Boynton Beach's Utility Department [Department] requires the generation of an asset management improvement program roadmap towards achieving the vision of the Department as a world class utility. An effective asset management program is a fundamental building block for achieving such status, and is best developed by: . Identifying and selecting a set of best appropriate asset management practices that fit the Department's needs; . Developing a strategic level work plan for deploying the selected practices; and, . Training for core senior staff in the fundamental concepts, logic, philosophy and principles of asset management. The preferred approach is to focus upon building the capacity of the Department's staff to apply the principles and practices of asset management as specifically relevant to the Department's unique operating environment. The preferred role for the Consultant is therefore one of program advisor, introducing best practices to the Department; facilitating the adaptation of those practices to the Department's management team, organizational culture, and business processes; and training / coaching / mentoring all levels of the Department in the practical application of the agreed upon practices. SCOPE OF SERVICES Task 1: Review Current AM Practice Status Consultant will review relevant materials from the Department that describe the Department's current asset management practices. The Department will gather and transmit in a timely manner to Consultant all materials it deems relevant. Interviews will be held with key staff from the Department to develop an understanding of those existing AM program elements for which documentation may not be available. GHD Consulting Inc. Su;te 215M 222 SOUtll Church ~.treet Chcll.:tle r,Oi.tI., Cdl'OI1l1c! 28202 USA T 1 ,'04 :142 491 F t 7[,13424911 E cllll1all@gild.li',r;orn W,.'\\W gild E ..... Incorporated in our review of the material provided, and in the gap analysis in Task 2, will be a strategic-level assessment of the Department's use of the HTE product in the context of understanding the nature and functionality of the Department's current asset management practices against best practices developed in Consultant's gap analysis tool. Task 2: Execute a Strategic-Level Gap Analysis Consultant has developed and refined over a 15 year period a Gap Analysis tool that assists an agency in determining which best asset management practices are most appropriate to the agency, given its current practices. This tool is built around a grouping of 163 best practice quality elements into seven primary value chain elements. The value-chain elements include: . Practices and procedures . Information systems . Data and knowledge about assets . People issues . Organization/organizational structure . Commercial tactics . Asset planning Experience indicates that the most cost-effective transition to a more asset-centric organizational culture is one built around a careful balancing of efforts in each of these value chain quality elements. Consultant will interview appropriate Department staff members over a two-day period using a structured interview process and instrument. These interviews will benchmark where the Department's current asset management practices are relative to a set of best practices developed in Consultant's gap analysis tool. We will facilitate mapping those practices that will likely give the Department the most return on its investment, considering the costs and efforts required to implement or modify the various practices. The results of the interviews will be organized, then presented in a day-long work session to you and staff selected by you. In this work session, Consultant will: 1. Present its assessment of current status; 2. Facilitate consensus about that status, including the comparison with other like organizations from our benchmarking database; and, 3. Facilitate identification of areas requiring strategic focus. Task 3: Develop a Strategic-level Work Plan Using the material developed during the site-visit trip, Consultant will prepare a recommended strategic level Work Plan that maps out major tasks and event dates to develop and deploy the practice areas identified in 86/09027/15/27 2 1-...... Gm} -- Task 2 as most critical to the agency over the next 12 to 24 months. Longer-term strategic level planning issues will also be identified in the Work Plan. Task 4: Train Consultant will provide up to 6 hours of formal on-site training in advanced asset management. Topics for special focus will be developed in conjunction with the Department management, drawing upon input from the structured interviews. Consultant will present a draft agenda to the Department for consideration. The Department will provide a training site and will determine attendees. Task 5: Present Recommendations and Document Effort Consultant will present its recommendations in the form of a concise Management Letter to you. The letter will outline the purpose of and approach to the project, will concisely outline findings of the Gap Analysis, and will present the recommended strategic Work Plan. All presentation training materials will be attached for archival purposes. Consultant will submit ten (10) copies of the Management Letter. CONTRACT REFERENCE Consultant Agreement between the City of Boynton Beach and GHD Consulting Inc., dated or! '<t/woS I , ADDITIONAL SERVICES Anything that may be needed and can or may be assigned by an amendment/change to the Task Order. OBLIGATIONS OF THE CITY Documentation required is described in Task 1. Tasks 2 and 4 will require Department staff be made available. COMPENSATION To reduce administrative costs, this project is priced as a lump sum professional services project with invoices rendered monthly. Consultant's professional fees for conducting the full scope of services outlined herein are $19,760.00; a detailed table of labor costs and expenses is contained below. In addition, Consultant's estimated out of pocket expenses, largely for travel (for up to three trips to Boynton Beach by Wayne Francisco and one trip for Duncan Rose for up to a total of 8 days on site) at approximately $4,000. If possible, in order to reduce travel costs, the trips will be scheduled around other trips to Florida. All travel expenses will be billed at cost with receipts provided. 86/09027/15/27 3 ~ IIIiIIII Table 1 Professional Fees by Task with Expenses ____ Task labor Hours labor Cost 1 Expenses Total 10 $ 2,080.00 $ 2,080.00 2 20 $ 4,320.00 ---....--- $ 4,640.00 - -- $ 2,480.00 $ 5,320.00 3 22 $ 4,640.00 4 12 $ 3,480.00 5 30 $ 6,240.00 $ 8,240.00 Totals: 94 $19,760.00 $4,000.00 $23,760.00 1 Expenses amounts are estimated only - actual costs will be will be billed at cost, by the Consultant, with receipts. Table 2 P~ofessional Fees by labor Classification_____ Staff Classification labor Rate labor Hours Total Duncan Rose Project Director $240/hour 24 $ 5,760.00 Wayne Francisco Project Manager $200/hour 70 94 $14,000.00 Totals: $19,760.00 SCHEDULE Consultant is to begin work on this assignment within two weeks upon receipt of notice to proceed. A kick- off meeting between Consultant and the designated (participating) Department staff will be convened at a mutually agreed upon date, coinciding the kick-off meeting with Tasks 1 and 2. The Department's Project Manager and Consultant's Project Manager will mutually select the on-site work dates. Execution of this scope is expected to be completed within 45 calendar days from the kick-off meeting. 86/09027/15/27 4 ~ ..... APPROVED BY: CITY OF B02 BEACH, FLORIDA By ~1ZP1. Kurt Bressner City Manager Dated this c5lo day of 1'1 A Pet! SUBMITTED BY: GHD Consulting Inc. By waYn~- Service Group Manager ,2008. Dated this ('f:(L day of J; - ~/ ,2008. 86/09027/15/27 CITY ATTORNEY 5