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R12-0111 1 4 l� i I j� , 11 1� 1� i �4 1� 119 i' 2 k i 1' i� RESOLUTION NO. R12 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION BY THE INTERIM CITY MANAGER OF AMENDMENT NO. 2 TO TASK ORDER NO. U07 -20 -1 WITH WANTMAN GROUP, INC., TO AMEND THE SCOPE OF SERVICES FOR THE REGIONAL FORCE MAIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Commission approved Task Order #U07 -20 -1 on February 20, , 2007, for the Wantman Group, Inc., to provide professional design, permitting and bidding services for the Regional Force Main Project; and WHEREAS, Amendment No. 1 to Task Order #U07 -20 -1 was issued in 2008 which split the work into three construction contracts; and WHEREAS, the City and the Wantman Group, Inc. have developed a revised scope of i services t the Task Order which addresses the additional manhours that were required for the I Force Main Open Cut and Jack and Bore portions of the work and services for the rebidding of the Lift Station at Pence Park project; and 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 i Boynton Beach to approve and authorize the execution of Amendment No. 2 to Task Order i No. U07 -20 -1 with the Wantman Group, Inc., to amend the scope of services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as I being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Document in Windows Internet Explorer I� 1 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the execution by the Interim City Manager of Amendment No. 2 i� 1 4, ii t I6 to Task Order No. U07 -20 -1 with the Wantman Group, Inc., to amend the scope of services for the Regional Force Main Project, a copy of which is attached hereto as Exhibit "A ". Section 3. This Resolution shall become effective immediately upon passage. PA PASSED AND ADOPTED this 3 day of January, 2012. i� 4� .g 1�q 1" I� 1;4 15 1� 1� 1 20 2;1' 20 2 � 2 21 2 2 2 2 3 31 3 ?� 31 3.1 35 CITY OF BOYNTON BEACH, FLORIDA Mayon — p �iguez Vice N yor — William Orlove 1 i , Comioner� Woodrow Commissio �x Molz Commissioner — Marlene Ross ATTEST: W - kc�" (qyCl �erk t M. Prainito, MMC 9 i I I Document in Windows Internet Explorer i DEC 1 6 2011 TASK ORDER No. U07-20-1 1 Amendmenf Or 2 Regional Force Main Project (Ocean Avenue to the Regional Waste Water Treatment Plant located on Congress Avenue and the LWDD 30 Canal). Additional Design and Permitting Services, and Services During Construction for the force main improvements and the S.E. 6th Avenue waste water lift station. A. Background In late 2006, the City of Boynton Beach (City) requested Wantman Group, Inc. (CONSULTANT) develop Task Order U07 -20 -1 under our General Consulting and Engineering Services Contract to provide design related services for a new lift station to intercept flow and alleviate the over capacity on existing lift station 356, and to provide an alternate force main to the existing force main along Ocean Avenue in accordance with the "Lift Station 356 Wastewater Conveyance System Capacity Analysis" as prepared by CH2MF1iIl dated December 2003. Task Order U07 -20 -1 was executed in February 2007. The CONSULTANT completed the design in 2008 which included three (3) separate sets of plans. The first set was for the Force Main Open Cut and directional drill sections (FM -OC), the second set was for the Force Main Jack & Bore sections (FM -JB) and the third set was for the Lift Station (LS). The projects were to be bid and constructed independent of each other but were considered as constituent projects that are interdependent upon each other. In late 2008, the City requested that the CONSULTANT prepare Amendment 1 to Task Order U07 -20 -1 for construction related services associated with these three construction contracts. Amendment I anticipated the FM -OC construction period would not exceed eighteen (18) months, the FM -7B construction period would not exceed five (5) months and the LS construction period would not exceed nine (9) months. For purposes of developing Amendment 1, it was assumed that two of the three separate construction periods would overlap at the same time and the total contract time for all contracts was eighteen (18) months. This provided a significant economy of scale by doing the construction contracts concurrently. The tap of the attached Exhibit I shows the anticipated construction schedule for these three construction contracts. Page 1 of 5 During the FM -OC and FM -JB construction contracts, the CONSULTANT met with the CITY to discuss the need to adjust manhours and fees to meet what had occurred in both the FM -OC and FM-J13 contracts. Amendment 1 included tasks such as meetings and reviews that each had a fixed number of occurrences as part of the Services During Construction (SDC) services and a limited amount of manhours to provide the Resident Project Representative. In both the FM -OC and FM -JB contracts, the projected number of occurrences for each task has been exceeded. The attached Exhibit 2 shows the anticipated and the actual number for each task within each construction contract. Each construction contract took longer than originally scheduled and the third project, FM -LS, was delayed such that the significant economy of scale could not be achieved. Exhibit 3 provides the additional fee summary for both the FM -OC and FM -JB contracts. The CONSULTANT has completed the construction related services for both the FM -OC and FM -JB contracts. The lift station project was also bid and the CITY rejected all bids. Amendment No. 2 will provide a revised scope and fee for the adjusted manhours related to the FM -OC and FM -JB construction contracts, FM -LS rebidding services and engineering contingency during FM -LS construction. The CITY will be separately contracting with an Engineering Company to provide construction phase services. B. Scope of Services Task 1— FM -OC and FM-J8 Manhour Adjustment The CONSULTANT performed additional manhours to complete the Services During Construction and Resident Project Representative services for both the FM -OC and FM- JB contracts. The CONULTANT and the CITY met several times to discuss these additional manhours. Based on these meetings, the CITY agreed to adjust the CONSULTANT's fee by $89,490. Task 2 — FM -LS Rebidding Services The CONSULTANT will perform the bid phase services as described in the original task order for this project. The bidding services will include: 1. Distributing copies of the Contract Documents to the prospective bidders and maintain records of the plan holders list and provide a copy of the list to the CITY on a weekly basis. The cost of production of the contract documents will be borne by the bidders through purchase of the construction plans from the CONSULTANT. The cost of the contract documents shall include all CONSULTANT cost associated with reproduction, processing and mailing the contract documents to prospective bidders. 2. Attendance at one (1) pre -bid meeting. Prepare and distribute meeting minutes. 3. Answer questions from potential bidders, and providing technical information to the CITY for Contract Document addendurns as required for issuance by the CITY to all plan holders. Page 2 of 5 4. Review bid packages received, prepare bid tabulation sheet and due diligence form and recommend award. 5. Assist the CITY in conforming and preparing Contract Documents for execution by the CITY selected Contractor. Conformed set will include addenda issued during the bid phase incorporated into the documents and the Contractor's Schedule of Bid Items. Task 3 — FM -LS Engineering Contingency During Construction A contingency for required engineering design services during construction is established for use as directed by the CITY if the construction phase services are provided by another consultant. Expected services to be provided under this item include but are limited to the following: 1. Value engineering services and negotiations with the selected contractor prior to the start of construction. 2. Design changes required by unexpected conditions or changes to the design as requested by the CITY or regulatory agencies. 3. Design changes required by changes in conditions resulting from recent construction of other facilities within the project area that did not exist during project design. 4. Assistance with Requests for Information (RFIs), submittal evaluation or contractor questions concerning design intent. C. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope of this Amendment No 2 and associated fee. Changes and/or modifications in the above work items or these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: I. The CITY will provide CONSULTANT an electronic version of "front end" contract documents in MICROSOFT WORD format (see attached Standard Procedures and Functions). 2. Plans and contract documents used for bidding purposes are the same as those previously bid. No plan or contract document revisions are included 3. No permitting is included. 4. The CITY is responsible for all costs of public notification in local newspapers. 5. A single bidding effort is assumed. Re- bidding of the project is considered an Additional Services item. 6. Public outreach activities are the responsibility of the CITY Page 3 of 5 D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated February 19, 2008 between the City of Boynton Beach and Wantman Group, Inc. E. Additional Services The following are examples of some specific Additional Services Items that may be required, but are not included within this Task Order Generally, a condition contrary to the work description in Section B or assumptions of Section C (upon which the construction fee is based) is considered an Additional Services Item. Examples include: 1. Additional design, bid phase services and construction supervision or observation in excess of that specified in this Amendment. 2. Construction phase services (SDC) or additional permitting. 3. Construction shall not exceed nine (9) months for the LS from the time of the contractor notice -to- proceed to final inspection. If the period of construction is extended, additional time and expenses will be necessary. 4. Assisting the CITY in the settlement of construction contract claims. 5. Surveying, flagging, or other work necessary to secure tree removal permits from the City, County, or other jurisdictions. 6. Design modifications to the Construction Contract Documents (i.e., change orders) required during construction. 7. Expert witness services that may arise out of any disputes. These and other services can be provided, if desired by the CITY, under separate Task Order(s) or by an amendment to this Task Order. Services performed will be on an as- directed basis in accordance with a written Notice to Proceed from the CITY. F. Obligations of the CITY 1. The CITY shall designate a Project Manager and Owner's Representative as the single point of contact for this project. 2. The CITY shall review all drawings and other documents presented by CONSULTANT, obtain advice of an attorney, insurance counselor, and others as CITY deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of CONSULTANT. G. Compensation Compensation by the CITY to the CONSULTANT for Tasks 1 and 2 will be on a lump sum basis. Tasks 3 will be on a time and material. The estimated compensation for the services described in this Task Order is $136,660 as shown in Table 1 below. Page 4 of 5 TABLE 1: LABOR AND EXPENSE SUMMARY Labor Labor Expenses Hours Cost Task 1— FM -OC and FM -rB Manhour Adjustment Task 2 — FM -LS Rebidding Services Task 3 — FM -LS Engineering Contingency Total H. Schedule 104 $14,160 $500 Total Basis of Cast Payment $89,490 Lump Sum $14,660 Lump Sum $32,500 Time and Material $136,650 The CONSULTANT will commence the bidding and engineering contingency services upon receipt of written authorization. APPROVED BY: CITY OF BOYNTON BEACH, FLORIODA B y' s, City Manager Dated this o3 clay of J a n U& r V 201 rZL SUBMITTED BY: WANTMAN GROUP, INC. By: Y /t` David K. Brobst, P.E. Senior Vice President [[__ Dated this day of L'J91/[~" , 2011. N.-Vol I PIPGPOSAL5gMunieip 'Oky of aoyaton BmPvVoopa -12,15-11 -doe Page 5 of 5 @ Q � @ � O Q @ � � d Q U * m Q Q S » U � § § � � m_ Z X W � ©� � } |e% . | ©� ` | ®\ � - k`k |S2 . - ��} � m_ Z X W FEE SUMMARY Boynton Beach Regional Forcemain Construction As of October 28, 2011 FORCE MAIN - OPEN CUT (FM -OQ Invoiced Amount through May 31st Inspector Hourly Credit 900 hours at $25 /hour Unbilled labor through October 28, 2011 Labor Anticipated (November) Subtotal Contract Amount Total Adjusted Fees FORCE MAIN -JACK & BORE (FM -JB) $ 369,796.49 $ (22,500.00) $ 102,057.50 $ 9,425.00 $ 458,778.99 $ 396,182.50 $ 62,596.49 Invoice Amount $ 51,758.29 Inspector Hourly Credit 140 hours at $25 /hour $ (3,500.00) Unbilled Labor through August 31st $ 30,398.75 Subtotal $ 78,657.04 Contract Amount $ 51,76129 Total Adjusted Fees $ 26,893.75 TOTAL ADJUSTED FEES (FM -OC & FM -JB) $ 89,490.24 EXHIBIT 3