R12-084 1
1 NO. R12- O84
i A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA APPROVING THE AWARD AND EXECUTION BY
1 THE INTERIM CITY MANAGER AND CITY CLERK OF A
CONTRACT TO MATHEWS CONSULTING, INC., OF WEST
PALM BEACH, FL IN RESPONSE TO RFP #056 - 2821- 12/DJL
"CONSTRUCTION MANAGEMENT SERVICES ", IN AN
• AMOUNT NOT -TO- EXCEED $732,809; AND PROVIDING AN
11 EFFECTIVE DATE.
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1►,
11 WHEREAS, on July 11, 2012, Procurement Services received and opened eleven
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1- (11) proposals in response to #056- 2821 -12 /DJL for "Construction Management Services ";
11 and
M WHEREAS the evaluation committee, consisting WHEREAS, g of Michael Low, Christopher
1 Roschek and Andrew Mack, reviewed and evaluated the bid proposals; and
1: WHEREAS, the Finance Department verified the scores and prepared a summary
1 ' tabulation of the overall scores and, as a result, staff is recommending the award of the
A contract to Mathews Consulting, Inc., of West Palm Beach, Florida who was the most
• responsive, responsible bidder who met all qualifications; and
.r. WHEREAS, the City Commission of the City of Boynton Beach upon
• recommendation of staff, deems it to be in the best interest of the citizens of the City of
•- Boynton Beach to award and authorize execution of a contract with Mathews Consulting,
•- Inc. for RFP #056- 2821 -12 /DJL "Construction Management Services" in an amount not to
.a exceed $732,809.
1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
i hereof.
I Section 2. The City Commission of the City of Boynton Beach, Florida does
he reb y by award and authorize execution b the Interim City Manager and City Clerk of a
contract with Mathews Consulting, Inc., for RFP #056- 2821- 12 /DJL "Construction
Management Services" in an amount not to exceed $732,809, a copy of which is attached
hereto as Exhibit "A".
i Section 3. This Resolution shall become effective immediately upon passage.
1 1 PASSED AND ADOPTED this 21 day of August, 2012.
1
1 r, CITY OBOYNTON BEACH, F ORIDA
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1. Ma or - • :giro ""�1► j
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1 M • ice Mayor - Mack Mc .y
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21 Commissioner - Marlene Ross
2; ATTEST:
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CONSULTANT AGREEMENT
FOR
CONSTRUCTION MANAGEMENT SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the CITY ", and MATHEWS CONSULTING, INC., hereinafter referred to as "the
CONSULTANT ", a Corporation, authorized to do business in the State of Florida.
WHEREAS, the CITY solicited proposals from qualified firms to provide services for
Construction Management Services, and
WHEREAS, the CITY Administrative review team determined that CONSULTANT was
qualified for appointment to perform the scope of services set forth in the Request for Proposals
invitation; and
WHEREAS, the CITY Manager, through the administrative staff, has negotiated an
Agreement with CONSULTANT defining terms and conditions to provide Bidding Assistance
and Construction Management Services for three (3) separate construction projects: Central
Seacrest Corridor Utility Improvements, Lake Boynton Estates Utility Improvements, and
Regional Lift Station at Pence Park, within the scope of the Request for Proposals invitation.
WHEREAS, at its meeting of August 21, 2012 by Resolution # , the CITY
Commission authorized the Interim City Manager to execute this non - exclusive Contract,
hereinafter referred to as "Contract #056- 2821 -12 /DJL "; in an amount not too exceed of Seven
Hundred Thirty -Two Thousand Eight Hundred Nine Dollars ($732,809.00); and
NOW, THEREFORE, in consideration of the mutual covenants expressed
herein, the parties agree as follows
ARTICLE 1 - SERVICES
CONSULTANT agrees to perform consulting services as included in RFP #056 -2821-
12 /DJL at the request of the CITY during the term of this agreement, including the provision of
all labor, materials, equipment and supplies The specifics which may be assigned to
CONSULTANT is set forth in Exhibit " A ".
ARTICLE 2 - TERM
The CONSULTANT shall be available to commence services on the date of the
execution of this Contract until project completion issued by the CITY.
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ARTICLE 3 - TIME OF PERFORMANCE
Work under this Contract shall commence upon the giving of written notice by the CITY
to perform all services and provide all work product required pursuant to this Agreement and
the specific task order, unless an extension of time is granted in writing by the CITY.
ARTICLE 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 for services
outlined and in accordance with RFP #056- 2821- 12 /DJL.
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.
c Final payment of any balance due the CONSULTANT of the total Contract price
earned 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
ARTICLE 5 — TRUTH IN NEGOTIATION CERTIFICATE
Signature of this Contract by the CONSULTANT shall also act as the execution of a
truth -in- negotiation certificate certifying that the wage rates, overhead charges, and other costs
used to determine the compensation provided for in this Contract are accurate, complete and
current as of the date of the Contract and no higher than those charged the CONSULTANT's
most favored customer for the same or substantially similar service.
Said rates and cost shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete or non - current
wage rates The CITY shall exercise its rights under this Article 5 within one (1) year following
the rendering of the final invoice Said date shall be extended if the Contract is renewed.
ARTICLE 6 - 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 is 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, without the written consent of CONSULTANT, shall be at the CITY's sole risk
ARTICLE 7 - FUNDING
This Agreement shall remain in full force and effect only as long as the expenditures
provided in the Agreement have been appropriated by the CITY Commission of Boynton Beach
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in the annual budget for each fiscal year of this Agreement, and is subject to termination based
on lack of funding
ARTICLE 8 - WARRANTIES AND REPRESENTATIONS
CONSULTANT represents and warrants to the CITY that it is competent to engage in
the scope 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 consulting and related
services equal to or exceeding the standard of care for engineering professional practicing
under similar conditions. In submitting its response to the RFP, CONSULTANT has
represented to CITY that certain individuals employed by CONSULTANT shall provide services
to CITY pursuant to this Agreement CITY has relied upon such representations Therefore,
CONSULTANT shall not change the designated Project Manager for any project without the
advance written approval of the CITY, which consent may be withheld in the sole and absolute
discretion of the CITY.
ARTICLE 9 - 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
ARTICLE 10 - INDEMNIFICATION
CONSULTANT shall indemnify, defend and hold harmless the CITY, its offices, 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 my result from this Agreement or out of the services or
goods furnished hereunder
ARTICLE 11 - INSURANCE
11.1 During the performance of the services under this Contract, CONSULTANT shall
maintain the following insurance policies, and provide originals or certified copies
of all policies, and shall be written by an insurance company authorized to do
business in the state of Florida
11.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure
and maintain for the life of this Contract, Worker's Compensation
Insurance covering all employees with limits meeting all applicable state
and federal laws This coverage shall include Employer's Liability with
limits meeting all applicable state and federal laws. This coverage must
extend to any sub - Contractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. The policy must
contain a waiver of subrogation in favor of the CITY of Boynton Beach,
executed by the insurance company
11.1.2 Comprehensive General Liability. The CONSULTANT shall procure and
maintain for the life of this Contract, Comprehensive General Liability
Insurance. This coverage shall be on an "Occurrence" basis. Coverage
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shall include Premises and Operations, Independent Contractors,
Products Completed Operations and Contractual Liability with specific
reference of Article 10, "Indemnification" of this Agreement. This policy
shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
CONSULTANT shall maintain 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 The general
liability insurance shall include the CITY as an additional insured and
shall include a provision prohibiting cancellation of the policy upon thirty
(30) days prior written notice to the CITY
11.1 3 Professional Liability (Errors and Omissions) Insurance: The
CONSULTANT shall procure and maintain for the life of this Contract in
the minimum amount of $1,000,000 per occurrence
11.1 4 Business Automobile Liability The CONSULTANT shall procure and
maintain, for the life of this Contract, Business Automobile Liability
Insurance The CONSULTANT shall maintain a minimum amount of
$1,000,000 combined single limit for bodily injury and property damage
liability to protect the CONSULTANT from claims of damage for bodily
and personal injury, including death, as well as from claims for property
damage, which may arise from the ownership, use of maintenance of
owned and non -owned automobile including rented automobiles, whether
such operations be by the CONSULTANT or by anyone directly or
indirectly employed by the CONSULTANT
11.2 It shall be the responsibility of the CONSULTANT to ensure that all sub-
contractors comply with the same insurance requirements referenced above.
11 3 In the judgment of the CITY, prevailing conditions may warrant additional liability
insurance coverage or coverage which is different in kind from the original
insurance submitted by the CONSULTANT. The CITY reserves the right to
require the provision by the CONSULTANT of an amount of coverage different
from the amounts or kind previously required, and shall afford written notice of
such change in requirements thirty (30) days prior to the date on which the
requirements shall take effect Should the CONSULTANT fail or refuse to satisfy
the requirement of changed coverage within the thirty (30) days following the
CITY's written notice, the CITY, at its sole option, may terminate the Contract
upon written notice to the CONSULTANT, said termination taking effect on the
date that the required change in policy coverage would otherwise be effective.
11.4 CONSULTANT shall, for a period of two (2) years following the termination of the
Agreement, maintain a "tail coverage" in an amount equal to that described
above for Comprehensive Liability Insurance on a claims -made policy only. The
CONSULTANT agrees to purchase the extended reporting period on
cancellation or termination unless a new policy is affected with a retroactive date,
including at least the last policy year
11 5 Any exceptions to the insurance requirements in this section must be approved
in writing by the CITY's Risk Management
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ARTICLE 12 - INDEPENDENT CONTRACTOR
12.1 The CONSULTANT and the CITY agree that the CONSULTANT is an
independent consultant 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
deducting 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
12.2 CONSULTANT acknowledges and understands that, as an independent
consultant pursuant to this Agreement, CONSULTANT shall comply with Chapter
119, Florida Statutes, as amended (Public Records). CONSULTANT's obligation
includes, but is not limited to CONSULTANT's obligation to preserve public
records and make public records available to third parties in addition to the CITY.
ARTICLE 13 - COVENANT 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 Agreement, 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 any other consideration contingent upon or resulting from
the award or making of this Agreement. For breach or violation of this warranty, the CITY shall
have the right to annul this Agreement 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.
ARTICLE 14 - DISCRIMINATION PROHIBITED
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
ARTICLE 15 - ASSIGNMENT
The CONSULTANT shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the CITY
ARTICLE 16 - NON - WAIVER
A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written waiver,
such a waiver shall not affect the waiving party's rights with respect to any other or further
breach The making or acceptance of a payment by either party with knowledge of the
existence of a default or breach shall not operate or be construed to operate as a waiver of any
subsequent default or breach.
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ARTICLE 17 — TERMINATION
17.1 Termination for Convenience' This Agreement may be terminated by the CITY
for convenience, upon ten (10) days of written notice by the terminating party to
the other party for such termination in which event the CONSULTANT shall be
paid its compensation for services performed to termination date, including
services reasonably related to termination In the event that the CONSULTANT
abandons the Agreement or causes it to be terminated, CONSULTANT shall
indemnify the CITY against loss pertaining to this termination
17.2 Termination for Default. In addition to all other remedies available to the CITY,
this Agreement shall be subject to cancellation by the CITY for cause, should the
CONSULTANT neglect or fail to perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such neglect or failure continue
for a period of thirty (30) days after receipt by CONSULTANT of written notice of
such neglect or failure
ARTICLE 18 - 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.
ARTICLE 19. MODIFICATIONS OF WORK.
19 1 The CITY reserves the right to make changes in the Work, including alterations,
reductions therein or additions thereto Upon receipt by the CONSULTANT of
the CITY's notification of a contemplated change, the CONSULTANT shall (1) if
requested by CITY, provide an estimate for the increase or decrease in cost due
to the contemplated change, (2) notify the CITY of any estimated change in the
completion date, and (3) advise the CITY in writing if the contemplated change
shall affect the CONSULTANT's ability to meet the completion dates or
schedules of this Contract.
19 2 If the CITY so instructs in writing, the CONSULTANT shall suspend work on that
portion of the Work affected by a contemplated change, pending the CITY's
decision to proceed with the change
19.3 If the CITY elects to make the change, the CITY shall issue a Contract
Amendment or Change Order and the CITY shall not commence work on any
such change until such written amendment or change order has been issued and
signed by each of the parties.
ARTICLE 20 — UNCONTROLLABLE FORCES
20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable
Forces, the effect of which, by the exercise of reasonable diligence, the non-
performing party could not avoid The term "Uncontrollable Forces" shall mean
any event which results in the prevention or delay of performance by a party of
its obligations under this Agreement and which is beyond the reasonable control
of the non - performing party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage,
and governmental actions
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20.2 Neither party shall, however, be excused from performance if non - performance
is due to forces which are preventable, removable, or remediable, and which the
non - performing party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch The non - performing
party shall, within a reasonable time of being prevented or delayed from
performance by an uncontrollable force, give written notice to the other party
describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
ARTICLE 21 - NOTICES
Notices to the CITY of Boynton Beach shall be sent to the following address
City of Boynton Beach
Attn Diane LeRay, Contract Administrator
124 E. Woolbright Road
Boynton Beach, FL 33435
Notices to CONSULTANT shall be sent to the following address
David L. Mathews
Mathews Consulting, Inc.
477 S. Rosemary Ave, Ste 330
West Palm Beach, FL 33401
dmathews @mathewsconsultinginc.com
ARTICLE 22 - INTEGRATED AGREEMENT
This Agreement, together with the RFP and any addenda and /or attachments,
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
ARTICLE 23 - SOVEREIGN IMMUNITY
23 1 CITY is a political subdivision of the State of Florida and enjoys sovereign
immunity. Nothing in the Agreement is intended, nor shall be construed or
interpreted, to waive or modify the immunities and limitations on liability provided
for in Section 768.28, Florida Statute, as may be amended from time to time, or
any successor statute thereof. To the contrary, all terms and provisions
contained in the Agreement, or any disagreement or dispute concerning it, shall
be construed or resolved so as to ensure CITY of the limitation from liability
provided to any successor statute thereof To the contrary, all terms and
provision contained in the Agreement, or any disagreement or dispute
concerning it, shall be construed or resolved so as to ensure CITY of the
limitation from liability provided to the State's subdivisions by state law
23 2 In connection with any litigation or other proceeding arising out of the
Agreement, the prevailing party shall be entitled to recover its own costs and
attorney fees through and including any appeals and any post - judgment
proceedings. CITY's liability for costs and attorney's fees, however, shall not
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alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability
beyond the limits established in Section 768.28, Florida Statutes, as amended.
1 Claims, disputes or other matters in question between the parties to this
Agreement arising out of or relating to this Agreement shall be in a court of
law The CITY does not consent to mediation or arbitration for any matter
connected to this Agreement.
2 The parties agree that any action arising out of this Agreement shall take
place in Palm Beach County, Florida
ARTICLE 24. CONTRACT DOCUMENTS.
The Contract documents are as follows Request for Proposals, Contract, Exhibits,
Addenda, all representations, and warranties to make this Contract.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
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IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
copies, each of which shall be considered an original on the following dates:
DATED this day of , 20
CITY OF BOYNTON BEACH
City Manager Consultant
Attest/Authenticated:
Title
(Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
Office of the City Attorney Secretary
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EXHIBIT "A"
REQUEST FOR PROPOSALS (RFP) No. 056 - 2821- 12 /DJL
FOR
CONSTRUCTION MANAGEMENT SERVICES
SECTION 2 — PROJECT INFORMATION & SCOPE OF SERVICES
2.1 BACKGROUND
The City operates under a Commission - Manager form of government serving an area of
approximately 16.1 square miles with a population of approximately 68,000. While the City
provides municipal services to its citizens within the City limits, the City's Utilities Department also
provides water and wastewater services outside the City limits. Stormwater services are only
provided within the City's limits.
The City of Boynton Beach, Florida (City) provides Potable Water, Wastewater, Stormwater and
Reclaimed Water services through the Utilities Department. The utility system includes two (2)
wellfields, two (2) water treatment plants, [one (1) 19.2 MGD lime softening and one (1) 8.4 MGD
low pressure membrane softening plus 1 6 MGD blending], two (2) aquifer storage and recovery
wells, a sewage collection and transmission system with approximately 160 wastewater lift
stations, and the associated water distribution and wastewater collection piping systems,
reclaimed water distribution system, stormwater swales, and a stormwater collection and disposal
system.
2.2 TERM OF THE PROJECT
The term of the Project will be established through negotiations between the City and the
Proposer who is awarded the Contract and will be referenced in the Contract Agreement.
2.3 GOAL
The City is soliciting the services of a company or other legal entity with the knowledge and
experience in providing services to local governments and expertise in construction management
services.
On -going capital improvement projects include improvements to our existing underground utilities
and major expansions to our water treatment facilities. To achieve the City's goals, the City is
issuing this RFP to consulting firms provide Construction Management Services to the City. The
City expects to select and negotiate a contract with the highest ranked firm, as determined
through this selection process for the scope of work stated herein.
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2.4 SCOPE OF SERVICES TO BE PERFORMED
The City of Boynton Beach (City) is issuing this Request for Proposals (RFP) for submissions
from qualified firms for Construction Management Services for three (3) separate construction
projects Central Seacrest Corridor Utility Improvements, Lake Boynton Estates Utility
Improvements, and Regional Lift Station at Pence Park as detailed in this solicitation document.
The City has retained Engineers of Record by prior utilization of Florida Statute 4 287.055
the Consultant's Competitive Negotiation's Act. Therefore, each of the three (3) projects will
have 100% Design Documents (i.e drawings and specifications) ready for bidding. The said
Engineers of Record for each project shall provide answers to questions, clarifications or design
resolution
Project No. 1: The Central Seacrest Corridor Utility Improvements project includes water main
and stormwater improvements within an area bordered on the north by Boynton Beach
Boulevard, on the east by the FEC Railroad, on the south by Woolbright Road, and on the west
by Interstate 95 The construction cost estimate for the project is approximately $13,000,000,
and the construction duration is anticipated to be approximately thirty -six (36) months
Construction will be divided into two (2) phases Phase 1 and Phase 2, each with an estimated
construction duration of eighteen (18) months. The Engineer of Record for this project is CH2M
Hill.
Proiect No. 2: The Lake Boynton Estates Utility Improvements project includes water main
improvements within an area by N W. 1 Avenue on the north, the CSX railroad tracks on the
east, by S W. 4 Avenue on the south, and at the western ends of S.W. 1 Court, West Ocean
and N.W 1 Avenue on the west. The construction cost estimate for the project is $1,200,000.
The construction duration is estimated to be approximately twelve (12) months, and the City
anticipates bidding the project in one phase The Engineer of Record for this project is URS
Corporation
Project No. 3: The Regional Lift Station at Pence Park project includes a new regional
wastewater lift station at Pence Park located at the intersection of S.E 6 Avenue and S.E 4th
Street The new lift station will intercept the existing sanitary sewer gravity line on S E 6th
Avenue and pump the wastewater to the South Central Regional Wastewater Treatment Plant.
The construction cost estimate for the project is $970,000. The construction duration is
estimated to be approximately nine (9) months, and the City anticipates bidding the project in one
phase The Engineer of Record for this project is Wantman Group, Inc.
The City plans to bid these projects simultaneously, and the selected Consulting firm
(Consultant) will be responsible for concurrent Bidding Assistance and Construction Management
services for the three (3) projects identified Specific tasks will include:
Task 1 — Bid Phase Services
1.1 Utilize Contract Document packages (i.e drawings and specifications) from each of the
respective Engineers of Record (EOR) for City advertisement and bidding purposes.
1.2 Coordinate with the City's Procurement Services staff to distribute copies of the Contract
Documents to the prospective bidders. The cost of production of the Contract Documents
will be borne by the bidders through purchase from the Consultant The cost of the
Contract Documents shall include all Consultants' costs associated with reproduction,
processing, and mailing of the Contract Documents to prospective bidders Maintain
records of the plan holders list and provide a copy of the list to the City's Procurement
Services on a weekly basis
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1 3 Provide document mailing and pre -bid services, such as assistance with advertisement,
maintaining plan holder's list, answering questions from potential bidders, and prepare
responses for issuance of addenda to the plan holders by the City
1 4 Respond to questions from prospective bidders and suppliers and prepare responses for
issuance of addenda by the City
1 5 Participate in Pre -Bid meetings with interested contractors and City staff Prepare
responses as a result of the meeting, for issuance of addenda by the City
1.6 Review bid packages received, document the due diligence process, and recommend
award for each project
1 7 Coordinate with the EOR to prepare the required sets of conformed Contract Documents
for execution by the selection contractor(s) The conformed sets will include addenda
issued during the bid phase and the awarded contractor's schedule of bid items
Task 2 — Services During Construction
2.1 Consultant shall use City provided formats where available.
2 2 Conduct the Pre - Construction Meeting and prepare detailed meeting minutes
2.3 Receive, log and review shop drawings, procedures and product submittals for general
conformance with the design intent and provisions of the Contract Documents.
2.4 Provide general project administration for the duration of the project.
2.5 Establish and implement procedures for expediting the review of shop drawings, product
data, samples, and other submittals with the respective Engineer of Record (EOR).
2 6 Monitor and ensure that the contractor(s) obtain all required governmental and regulatory
permits, inspections, and approvals
2 7 Prepare agendas for monthly progress meetings and distribute prior to the meeting.
Provide written meeting minutes The monthly progress meetings will be conducted by
the Consultant Meetings will be held at the City or at the construction trailer located at
the project site as applicable
2.8 Review monthly Applications for Payment (AFP) submitted in a format acceptable to the
City Consultant shall verify quantities as represented on the AFP and make
recommendation to the City to proceed with the payment as requested, or as modified
based on the Consultant's review
2.9 Review construction schedules, progress, photographs, and progress record drawings
submitted with each AFP and report to the City, conditions which may cause delay in
completion
2 10 Respond in writing to the contractor's Request for Information (RFI) regarding the
Contract Documents. Preparation of response may require field time by the Consultant.
Prior to making their formal response, Consultant shall consult with the City. If required,
Consultant will obtain answers to RFI's from the Engineer of Record (EOR) for those
items that need design clarification or design resolution.
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2 11 Receive and negotiate Change Order Requests (CORs) and provide recommendation to
the City. Preparation of response may require field time by the City's Project Engineer.
2 12 The Consultant shall be proactive and endeavor to obtain satisfactory performance from
the contractor(s). The Consultant shall recommend courses of action to the City, if
requirements of a contractor are not being met
2 13 Advise the City if it appears that the construction cost may exceed the approved budget
and make recommendations for corrective action.
2.14 Assist the City in review, evaluation, and documentation of claims by the contractor(s).
2 15 Consultant shall certify construction completion to the various permitting agencies as
applicable (South Florida Water Management Distnct, Palm Beach County Health
Department, Florida Department of Transportation, etc) based on visible project features,
Consultant's inspections, and review of testing reports that the project was constructed in
general conformance with the plans and specifications submitted in the permit
applications
216 In conjunction with the City and the contractor(s), make inspections at Substantial
Completion and Final Completion Consultant shall prepare and maintain the Substantial
Completion punchlist through Final Acceptance. Review, inspect, and assure that the
Substantial Completion punchlist items are completed by the contractor(s). Advise the
City that Final Acceptance of the project has been reached in accordance with the
Contract Documents.
2.17 Transmit all required project closeout documentation to the City
Task 3 — Resident Project Representative (RPR).
31 The Consultant is to provide a Resident Project Representative (RPR) during the
construction of the work for the duration of the three (3) projects The RPR shall be
capable of inspecting up to three (3) simultaneous construction projects during a single
day. The RPR hours will be based on a five (5) day work week and the actual construction
activities taking place. The RPR shall
A Serve as the Consultant's liaison with the contractor(s) and City staff
B Conduct on -site observations of the work in progress to assist the City in
determining if the work is proceeding in accordance with the Contract Documents
and that completed work conforms to the Contract Documents, endeavoring to
guard the City against defects and deficiencies in the work. Report in writing to
the City whenever Consultant believes that the work is unsatisfactory, faulty,
defective, or does not conform to the Contract Documents, or does not meet the
requirements of inspections, tests or approval required to be made, or has been
damaged prior to final payment.
C Accompany visiting inspectors representing public and regulatory agencies having
jurisdiction over the project Record in writing, the outcome of these inspections
and report same to the City
D Consider and evaluate the Contractor's suggestions for modifications during
construction and report them to the City, in writing Consultant shall make
recommendations to the City for action.
E. Witness all testing and /or procedures as required by the Contract Documents.
F Observe all pig insertion, flushing, disinfection, and pressure testing
G Review as -built (Record Drawings) information from the contractor(s) to confirm
conformance to the Contract Documents.
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H. Consultant shall provide to the City copies of the RPR's daily inspection reports
and digital photographs. Daily inspection reports and photographs shall be sent to
the City via email on a weekly basis.
I. RPR shall work with the contractor(s) and City inspectors to develop and
implement a Daily Quantity Sheet (based on the City approved Schedule of
Values) to be reviewed and accepted each day, agreeing to the quantities of the
items installed, completed, and accepted Consultant shall utilize this information
to verify material quantities on monthly Applications for Payment
J Attend Substantial Completion and Final Completion walk - throughs and verify that
all punchlist items are completed by the contractor(s).
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