R08-035
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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.
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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:
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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.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
S:ICAIRESOlAgreementslTask - Change OrderslGHD U08-1 AMP doc
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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".
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Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of March, 2008.
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CITY OF BOYNTON BEACH, FLORIDA
~r-Jose
com~2io ~ . Weiland
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Comr~ssjoner -;? . oO.drow c/
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Commissioner - Marlene Ross
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(Corporate Seal)
S:ICAIRESOlAgreementslTask - Change OrderslGHD U08-1 AMP doc
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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.
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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
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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.
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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.
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DA TED this 14--(t.... day of
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CITY OF BOYNTON BEACH
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Kurt Bressner, City Manager
Attest! Authenticated:
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Ity erk
GHD CONSULTING INC.
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0, Service Group Manager
Attest! Authenticated:
Secretary
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m CLIENTS PEOPLE PERFORMANCE
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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
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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
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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
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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
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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.
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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
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