R16-023 RESOLUTION NO. R16 -023
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AWARD OF RFP NO. 012 - 2411- 16 /JMA
. FOR SUPPLEMENTAL BUILDING SERVICES TO C.A.P.
GOVERNMENT AS PRIMARY, HY -BYRD AS SECONDARY AND
G.F.A. INTERNATIONAL AS TERTIARY VENDORS;
: AUTHORIZING THE CITY MANAGER TO SIGN
PROFESSIONAL SERVICES AGREEMENTS WITH EACH FOR
ii BUILDING SERVICES TO BE USED ON AN "AS NEEDED"
1 BASIS AND PROVIDING AN EFFECTIVE DATE.
1'
1:
1 , WHEREAS, on December 17, 2015, Procurement Services opened seven (7)
1. proposals in response to the "Request for Proposals for Supplemental Building Inspections
1. and Plan Review Services" which was issued to maintain good service and responsiveness
1' for plan review for residential and commercial building applications, review of Business Use
1: Certifications for changes in occupancy requirements under the Florida Building Code and
19 inspections services; and
2 i WHEREAS, after reviewing all proposals, the Development/Building Department is
2 requesting a multi -award to the three highest ranked firms, those being C.A.P. Government
2' as the primary vendor; Hy -Byrd, Inc., as the secondary vendor and G.F.A. International as
2: the tertiary vendor; and
2 WHEREAS, by approving the award to these three vendors, the Building
25 Department will be assured that there will be personnel available to provide immediate
2. service as required.
2' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
311 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
3 Section 2. The City Commission of the City of Boynton Beach, Florida does
3 • hereby approve the award of RFP No. 012- 2411- 16 /JMA for Supplemental Building
3 Services to C.A.P. Government as primary, Hy -Byrd, Inc., as secondary and G.F.A.
3 International as third and authorize the City Manager to sign a Professional Services
3•• Agreement with each for building services to be utilized on an "as needed" basis, a copy of
3 ' each Agreement is attached hereto as Exhibits "A" `B" and "C ".
3 • Section 3. This Resolution shall become effective immediately upon passage.
3! PASSED AND ADOPTED this 2nd day of February, 2016.
411 CITY OF BOYNTON BEACH, FLORIDA
4
4' YES NO
4
4 Mayor — Jerry Taylor
4.
4', Vice Mayor — Joe Casello t7
4'
4 Commissioner — David T. Merker
4's
51 Commissioner — Mack McCray ✓
5
5' Commissioner — Michael M. Fitzpatrick
5:
5
5• VOTE
5• ATTEST:
5 ,
5:
61 J h A. Pyle, CMC m _
6, I �r erim City Clerk !' v
62 (Corporate Seal)
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Files \ Content. IE5 \VI3EZS1G \Supplemental_Building Services_ Prefessional_Services_Agreement. _Reso doc
PROFESSIONAL SERVICES AGREEMENT FOR
SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and HY-BYRD, INC., hereinafter referred to as "Professional", in consideration of
the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Professional is retained by the City to perform
Supplemental Building Inspections and Plan Review Services for the Building
Department.
2. SCOPE OF SERVICES. Professional agrees to perform the services as outlined in RFP No.
012-2411-16/JMA, and incorporated herein: "Section II, D. RESPONSIBILITIES", and
including the provision of all labor, materials, equipment and supplies as required by
"Section Il, H. EQUIPMENT". No modifications will be made to the original scope of work
without the written approval of the City Manager or her designee.
D. RESPONSIBILITIES
a. Inspection and Plan Review services shall include, but not be limited to, general
building, mechanical (HVAC), plumbing, structural and electrical, as well as
providing all administrative documentation as required by the City.
b. Inspect permitted construction within the City limits, for compliance with City
codes and ordinances and permitted plans and specifications.
c. Receive and investigate alleged complaints of working without permits, code
violations, etc., by citizens, City employees, and others including appearances
before the Code Enforcement Board where appropriate.
d. Prepare written reports of inspections and investigations of complaints and other
reports as may be reasonably requested by the City. City inspection forms must
be used.
e. Maintain records of inspection and investigations. Log daily inspections and
results in the computer system.
f. Review plans for code compliance. Maintain records of reviews and
investigations. Log daily reviews and results in the computer system.
g. Contact contractors, architects, engineers, and citizens about construction
projects, code questions, and other concerns.
h. Perform other duties that are related to or incidental to Inspector's or Plan
Reviewer's primary duties as herein described and that the City may from time to
time assign.
i. Perform these duties during normal business hours of 7:00 AM to 6:00 PM,
Monday through Thursday as needed, or as may be altered with mutual
agreement.
j. Report to the City's Building Official or designee.
1
k. Inspection Services and Plan Review shall be provided in the event of a natural
disaster (i.e. hurricane).
I. Inspection personnel may be required to attend meetings or to provide
consultation to the City.
H. EQUIPMENT
Each inspector shall be required to provide the following items at their own cost:
a) An inspection vehicle in good operating condition, subject to approval
by the City, capable of transporting one ladder. Vehicle may be
required to display a City of Boynton Beach magnetic sign (provided by
the City) on the doors.
b) Cellular telephone.
c) One ladder capable of reaching the roof of a typical one story home.
d) Uniform provided by the firm contracting with the City.
e) Safety shoes, hardhats, and other safety related equipment.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written
notice by the City to the Professional to proceed. Professional shall perform all services and
provide all work product required pursuant to this agreement upon written notice to proceed.
4. TERM: This Agreement shall be for a period of one (1) year commencing on the date this
Agreement is executed by the City. This Agreement may be renewed at the same terms,
conditions, and prices, for three (3) one-year periods subject to Professional's acceptance,
satisfactory performance, and determination that renewal will be in the best interest of the
City.
5. PAYMENT. The Professional 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 Professional shall be made promptly on all invoices
submitted to the City properly and in accordance with "PRICE PROPOSAL" (Exhibit "A").
b. The Professional may submit invoices to the City once per month during the progress of
the contract term. Such invoices will be reviewed by the City, and upon approval thereof,
payment will be made to the Professional in the amount approved.
c. Final payment of any balance due the Professional of the total 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 by the City shall be full compensation for work.
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
e. The Professional's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after the termination of the Agreement. Copies shall be made available upon request.
2
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, and other materials produced
by the Professional in connection with the services rendered under this Agreement shall be
the property of the City.
7. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated by
this 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.
8. INDEMNIFICATION. Professional 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 fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Professional's own employees, or damage
to property occasioned by a negligent act, omission or failure of the Professional.
9. INSURANCE. The Professional 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 to 2 million aggregate with defense costs in addition
to limits; workers' compensation insurance, and vehicular liability insurance.
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
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.
10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the Professional
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 Professional nor any employee
of Professional 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
Professional, or any employee of Professional.
11. COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Professional, to solicit or secure this contract, and that he has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for
the Professional, any fee, commission, percentage, brokerage fee, gifts, or any 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.
12. DISCRIMINATION PROHIBITED. The Professional, 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.
3
13. ASSIGNMENT. The Professional shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the City.
14. 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.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Professional.
b. In the event of the death of a member, partner or officer of the Professional, or any of
its supervisory personnel assigned to the project, the surviving members of the
Professional 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 Professional and the City, if the City so
chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
II
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Professional shall be sent to the following address:
HY-BYRD, INC.
511 South East Coast Street
Lake Worth, FL 33460
ATTN: Michael Crisafulle
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Professional and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrumentsigned by both City and
Professional.
19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes
119.07.
The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The
contractor shall comply with Florida's Public Records Law. Effective July 1, 2013, Section
119.071, Fla. Stat., the contractor shall:
4
1. Keep and maintain public records that ordinarily and necessarily would be required by
the City in order to perform the service;
2. Provide the public with access to such public records on the same terms and conditions
that the City would provide the records and at a cost that does not exceed that provided in
chapter 119, Fla. Stat., or as otherwise provided by law;
3. Ensure that public records that are exempt or that are confidential and exempt from
publicrecord requirements are not disclosed except as authorized by law; and
4. Meet all requirements for retaining public records and transfer to the City, at no cost, all
public records in possession of the contractor upon termination of the contract and destroy
any duplicate public records that are exempt or confidential and exempt. All records stored
electronically must be provided to the City in a format that is compatible with the information
technology of the agency.
Failure of the contractor to comply with the provisions set forth in this General Condition
shall constitute a Default and Breach of the Agreement with the City. i
DATED this 17 day of 4e-GhGc.azTt7 , 2016.
CITY OF BOYNTON BEACH
A440,„, ,t-.4 14
____ ' -__g
City Manager Professional
,
Attest/Authenticated: V L
` �Ty0ti
G ,<„,i, Title
. }
. ,:d4. 4`' 4" (Corporate Seal)
Cit r lerk iy"
Approvett as • •rm: Attest/Authenticated:
I
iI
Office of the Cit Vtorney Secretary
I
5
PRICE PROPOSAL
IIIPROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
The undersigned agrees to provide Supplemental Inspection and Plan Review Services as
called for by the Scope of Services and Proposal Documents and Agreement, in the manner
prescribed therein and to the standards of quality and performance established by the City for
the unit price stated in the spaces herein provided.
> SINGLE CERTIFICATION (Any one discipline as a Building, Mechanical, Electrical, or Plumbing
Inspector/Plan Review)
> MULTIPLE CERTIFICATIONS (Any combination of Building, Mechanical, Electrical, or Plumbing
Inspector/Plan Review)
> ONE DAY EQUALS EIGHT (8) HOURS
D TWO HOUR MINIMUM FOR HOURLY
All hourly and day rates provided shall be inclusive of all reimbursable expenses(travel,
mileage, copies, etc.).
Item Description Hourly Cost Daily Cost Monthly Cost Annual Cost
No. of Services Per Individual Per Individual Per Individual Per Individual
Building $60.00 $480.00 $9600.00 $ 115,200.00
1 Official BLDG OFFICIAL BLDG OFFICIAL BLDG OFFICIAL BLDG OFFICIAL
PER HOUR PER DAY PER MONTH PER YEAR
I Deputy $60.00 $480.00 $9600.00 $ 115,200.00
2 Building DEPUTY BO DEPUTY BO DEPUTY BO DEPUTY BO
Official PER HOUR PER DAY PER MONTH PER YEAR
Single 55.00 440.00 8800.00 105,600.00
Discipline $ $ $ $
3 Field INSPECTOR INSPECTOR INSPECTOR INSPECTOR
Inspector PER HOUR PER DAY PER MONTH PER YEAR
Multi 55.00 440.00 8800.00 105,600.00
Discipline $ $ $ $
4 Field INSPECTOR INSPECTOR INSPECTOR INSPECTOR
Inspector PER HOUR PER DAY PER MONTH PER YEAR
Single
Discipline $55.00 $ $ $440.00 8800.00 105,600.00_
5 Plans PLANS EXAM PLANS EXAM PLANS EXAM PLANS EXAM
Examiner PER HOUR PER DAY PER MONTH PER YEAR
Multi 55.00 440.00 8800.00 105,600.00
Discipline $ $ $ $
6 Plans PLANS EXAM PLANS EXAM PLANS EXAM PLANS EXAM
Examiner PER HOUR PER DAY PER MONTH PER YEAR
Business $45.00 $360.00 $7200.00 $86,400.00
7 Inspector INSPECTOR INSPECTOR INSPECTOR INSPECTOR
PER HOUR PER DAY PER MONTH PER YEAR
Application $35.00 $280.00 $5600.00 $67,200.00
8 Technician APP TECH APP TECH APP TECH APP TECH
PER HOUR PER DAY PER MONTH PER YEAR
THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 21
COMPLETE AND ACCEPTABLE.
RFP No.012-2411-16/JMA
Price Proposal continued
l in
111 The undersigned agrees the right of the City to hold all Proposals and Proposal guarantees for a
period not to exceed ninety(90) days after the RFP opening date. The undersigned accepts the
invoicing and payment policies specified in the Agreement.
Hy-Byrd, Inc g .
COMPANY NAME SIGNATURE
(561 �547-5701 Michael Crisafulle
TELEPHONE NO. PRINTED NAME
hybyrd@bellsouth.net Vice President
E-MAIL ADDRESS TITLE
A) —/ 7- r ,
DATE
•
**Note:
The monthly cost per individual is based on zo workings days per month.
The Annual cost per individual is based on zo working days per month x'x 12 months
•
THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 22
COMPLETE AND ACCEPTABLE.
RFP No.012-2411-16/JMA
PROFESSIONAL SERVICES AGREEMENT FOR
SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City ", and G.F.A. INTERNATIONAL, INC., hereinafter referred to as "Professional ", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Professional is retained by the City to perform
Supplemental Building Inspections and Plan Review Services for the Building
Department.
2. SCOPE OF SERVICES. Professional agrees to perform the services as outlined in RFP No.
012 - 2411- 16 /JMA, and incorporated herein: "Section 11, D. RESPONSIBILITIES ", and
including the provision of all labor, materials, equipment and supplies as required by
"Section II, H. EQUIPMENT ". No modifications will be made to the original scope of work
without the written approval of the City Manager or her designee.
D. RESPONSIBILITIES
a. Inspection and Plan Review services shall include, but not be limited to, general
building, mechanical (HVAC), plumbing, structural and electrical, as well as
providing all administrative documentation as required by the City.
b. Inspect permitted construction within the City limits, for compliance with City
codes and ordinances and permitted plans and specifications.
c. Receive and investigate alleged complaints of working without permits, code
violations, etc., by citizens, City employees, and others including appearances
before the Code Enforcement Board where appropriate.
d. Prepare written reports of inspections and investigations of complaints and other
reports as may be reasonably requested by the City. City inspection forms must
be used.
e. Maintain records of inspection and investigations. Log daily inspections and
results in the computer system.
f. Review plans for code compliance. Maintain records of reviews and
investigations. Log daily reviews and results in the computer system.
g. Contact contractors, architects, engineers, and citizens about construction
projects, code questions, and other concerns.
h. Perform other duties that are related to or incidental to Inspector's or Plan
Reviewer's primary duties as herein described and that the City may from time to
time assign.
i. Perform these duties during normal business hours of 7:00 AM to 6:00 PM,
Monday through Thursday as needed, or as may be altered with mutual
agreement.
j. Report to the City's Building Official or designee.
1 /
k. Inspection Services and Plan Review shall be provided in the event of a natural
disaster (Le. hurricane).
I. Inspection personnel may be required to attend meetings or to provide
consultation to the City.
H. EQUIPMENT
Each inspector shall be required to provide the following items at their own cost:
a) An inspection vehicle in good operating condition, subject to approval
by the City, capable of transporting one ladder. Vehicle may be
required to display a City of Boynton Beach magnetic sign (provided by
the City) on the doors.
b) Cellular telephone.
c) One ladder capable of reaching the roof of a typical one story home:
d) Uniform provided by the firm contracting with the City.
e) Safety shoes, hardhats, and other safety related equipment.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written
notice by the City to the Professional to proceed. Professional shall perform all services and
provide all work product required pursuant to this agreement upon written notice to proceed.
4. TERM: This Agreement shall be for a period of one (1) year commencing on the date this
Agreement is executed by the City. This Agreement may be renewed at the same terms,
conditions, and prices, for three (3) one -year periods subject to Professional's acceptance,
satisfactory performance, and determination that renewal will be in the best interest of the
City.
5. PAYMENT. The Professional 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 Professional shall be made promptly on all invoices
submitted to the City properly and in accordance with "PRICE PROPOSAL" (Exhibit "A ").
b. The may submit invoices to the City once per month during the progress of
the contract term. Such invoices will be reviewed by the City, and upon approval thereof,
payment will be made to the Professional in the amount approved.
c. Final payment of any balance due the Professional of the total 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 by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
e. The Professional's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after the termination of the Agreement. Copies shall be made available upon request.
2
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, and other materials produced
by the Professional in connection with the services rendered under this Agreement shall be
the property of the City.
7. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated by
this 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.
8. INDEMNIFICATION. Professional 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 fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Professional's own employees, or damage
to property occasioned by a negligent act, omission or failure of the Professional.
9. INSURANCE. The Professional 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 to 2 million aggregate with defense costs in addition
m ensation insurance, and vehicular liability to limits workers co Y insurance.
compensation
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
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.
10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the Professional
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 Professional nor any employee
of Professional 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
Professional, or any employee of Professional.
11. COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Professional, to solicit or secure this contract, and that he has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for
the Professional, any fee, commission, percentage, brokerage fee, gifts, or any 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.
12. DISCRIMINATION PROHIBITED. The Professional, 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.
3 d —
13. ASSIGNMENT. The Professional shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the City.
14. 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.
1
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Professional.
b. In the event of the death of a member, partner or officer of the Professional, or any of
its supervisory personnel assigned to the project, the surviving members of the
Professional 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 Professional and the City, if the City so
chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction in Palm Beach Count Florida. This Agreement shall be
p jurisdiction County,
construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 -0310
Notices to Professional shall be sent to the following address:
GFA INTERNATIONAL, INC.
1215 Wallace Drive
Delray Beach, FL 33444
ATTN: Paul H. Danforth
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Professional 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
Professional.
19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes
119.07.
The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The
contractor shall comply with Florida's Public Records Law. Effective July 1, 2013, Section
119.071, Fla. Stat., the contractor shall:
1. Keep and maintain public records that ordinarily and necessarily would be required by
the City in order to perform the service;
2. Provide the public with access to such public records on the same terms and conditions
that the City would provide the records and at a cost that does not exceed that provided in
chapter 119, Fla. Stat., or as otherwise provided by law;
3. Ensure that public records that are exempt or that are confidential and exempt from
public record requirements are not disclosed except as authorized by law; and
4. Meet all requirements for retaining public records and transfer to the City, at no cost, all
public records in possession of the contractor upon termination of the contract and destroy
any duplicate public records that are exempt or confidential and exempt. All records stored
electronically must be provided to the City in a format that is compatible with the information
technology of the agency.
Failure of the contractor to comply with the provisions set forth in this General Condition
shall constitute a Default and Breach of the Agreement with the City.
G'�
DATED this day of 6 --` , 2016.
CITY OF BOYNTON BEACH
City Manager Professional
1 WA CI e
cr 46+
Attest /Authenticated: ;M r� Pc s r�
$ Title
8
'e° (Corporate Sea;) '. �
a'y Clerk,-
m
Approved as to Fo m: Attest/ uthenticated:
Office of the Cit P Thorney / Secretary
5
{ PRICE PROPOSAL
PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
The undersigned agrees to provide Supplemental Inspection and Plan Review Services as
called for by the Scope of Services and Proposal Documents and Agreement, in the manner
prescribed therein and to the standards of quality and performance established by the City for
the unit price stated in the spaces herein provided.
D SINGLE CERTIFICATION (Any one discipline as a Building, Mechanical, Electrical, or Plumbing
Inspector /Plan Review)
D MULTIPLE CERTIFICATIONS (Any combination of Building, Mechanical, Electrical, or Plumbing
Inspector /Plan Review)
D ONE DAY EQUALS EIGHT (8) HOURS
D TWO HOUR MINIMUM FOR HOURLY
All hourly and day rates provided shall be inclusive of all reimbursable expenses (travel,
mileage, copies, etc.).
Item Description Hourly Cost Daily Cost Monthly Cost Annual Cost
No. of Services Per Individual Per Individual Per Individual Per Individual
Building $ 85.00 $ 680.00 $ 13,600.00 $ 176,800 00
1 Official BLDG OFFICIAL BLDG OFFICIAL BLDG OFFICIAL BLDG OFFICIAL
PER HOUR PER DAY PER MONTH PER YEAR
Building DEPUTY BO DEPUTY BO DEPUTY BO DEPUTY BO
Official PER HOUR PER DAY PER MONTH PER YEAR
Single
Discipline $ 62.00 $ 496.00 $ 9.920.00 - $ 128,960.00
3 Field INSPECTOR INSPECTOR INSPECTOR INSPECTOR
Inspector PER HOUR PER DAY PER MONTH PER YEAR
Multi
Discipline $ 78.00 $ 624.00 $ 12,480.00 $ 162,240.00
4 Field INSPECTOR INSPECTOR INSPECTOR INSPECTOR
Inspector PER HOUR PER DAY PER MONTH PER YEAR
Single
Discipline . $ 62.00 $ 496.00 $ 9.920.00 $ 128.960.00
5 Plans PLANS EXAM PLANS EXAM PLANS EXAM PLANS EXAM
Examiner PER HOUR PER DAY PER MONTH PER YEAR
Multi
Discipline $ 78.00 $ 624.00 $ 12,480.00 $ 162.240.00
6 Plans PLANS EXAM PLANS EXAM PLANS EXAM PLANS EXAM
Examiner PER HOUR PER DAY PER MONTH PER YEAR
Business $ 75.00 $ 600.00 $ 12.000.00 $ 156i 000 00
7 Inspector INSPECTOR INSPECTOR INSPECTOR INSPECTOR
PER HOUR PER DAY PER MONTH PER YEAR
Application $ 42.00 $ 336.00 $ 6,720.00 $ 87,360.00
8 Technician APP TECH APP TECH APP TECH APP TECH
PER HOUR PER DAY PER MONTH PER YEAR
THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED
COMPLETE AND ACCEPTABLE.
RFP No. 012 - 2411- 16 /JMA
Price Proposal continued
The undersigned agrees the right of the City to hold all Proposals and Proposal guarantees for a
period not to exceed ninety (90) days after the RFP opening date. The undersigned accepts the
invoicing and payment policies specified in the Agreement.
GFA International, Inc.
COMPANY NAME SIGNATURE
( 561 ) 347 -0070 Paul Danforth
TELEPHONE NO. PRINTED NAME
PDanforthAteamgfa.com Vice President
E -MAIL ADDRESS TITLE
December 16, 2015
DATE
THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED
COMPLETE AND ACCEPTABLE.
RFP No. 012- 2411- 16 /JMA
PROFESSIONAL SERVICES AGREEMENT FOR
SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City ", and C.A.P. GOVERNMENT, INC., hereinafter referred to as "Professional ", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Professional is retained by the City to perform
Supplemental Building Inspections and Plan Review Services for the Building
Department.
2. SCOPE OF SERVICES. Professional agrees to perform the services as outlined in RFP No.
012 - 2411- 16 /JMA, and incorporated herein: "Section II, D. RESPONSIBILITIES ", and
including the provision of all labor, materials, equipment and supplies as required by
"Section II, H. EQUIPMENT ". No modifications will be made to the original scope of work
without the written approval of the City Manager or her designee.
D. RESPONSIBILITIES
a. Inspection and Plan Review services shall include, but not be limited to, general
building, mechanical (HVAC), plumbing, structural and electrical, as well as
providing all administrative documentation as required by the City.
b. Inspect permitted construction within the City limits, for compliance with City
codes and ordinances and permitted plans and specifications.
c. Receive and investigate alleged complaints of working without permits, code
violations, etc., by citizens, City employees, and others including appearances
before the Code Enforcement Board where appropriate.
d. Prepare written reports of inspections and investigations of complaints and other
reports as may be reasonably requested by the City. City inspection forms must
be used.
e. Maintain records of inspection and investigations. Log daily inspections and
results in the computer system.
f. Review plans for code compliance :, Maintain records of reviews and
investigations. Log daily reviews and results in the computer system.
g. Contact contractors, architects, engineers, and citizens about construction
projects, code questions, and other concerns.
h. Perform other duties that are related to or incidental to Inspector's or Plan
Reviewer's primary duties as herein described and that the City may from time to
time assign.
i. Perform these duties during normal business hours of 7:00 AM to 6:00 PM,
Monday through Thursday as needed, or as may be altered with mutual
agreement.
j. Report to the City's Building Official or designee.
1
k. Inspection Services and Plan Review shall be provided in the event of a natural
disaster (i.e. hurricane).
I. Inspection personnel may be required to attend meetings or to provide
consultation to the City.
H. EQUIPMENT
Each inspector shall be required to provide the following items at their own cost:
a) An inspection vehicle in good operating condition, subject to approval
by the City, capable of transporting one ladder. Vehicle may be
required to display a City of Boynton Beach magnetic sign (provided by
the City) on the doors.
b) Cellular telephone.
c) One ladder capable of reaching the roof of a typical one story home.
d) Uniform provided by the firm contracting with the City.
e) Safety shoes,.hardhats, and other safety related equipment.
3. TIME FOR PERFORMANCE. Work under this agreement, shall commence upon written
notice by the City to the Professional to proceed. Professional shall perform all services and
provide all work product required pursuant to this agreement upon written notice to proceed.
4. TERM: This Agreement shall be for a period of one (1) year commencing on the date this
Agreement is executed by the City. This Agreement may be renewed at the same terms,
conditions., and prices, for three (3) one -year periods subject to Professional's acceptance,
satisfactory performance, and determination that renewal will be in the best interest of the
City.
5. PAYMENT. The Professional 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 Professional shall be made promptly on all invoices
submitted to the City properly and in accordance with "PRICE PROPOSAL" (Exhibit "A ").
b. The Professional may submit invoices to the City once per month during the progress of
the contract term. Such invoices will be reviewed by the City, and upon approval thereof,
payment will be made to the Professional in the amount approved.
c. Final payment of any balance due the Professional of the total 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 by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
e. The Professional's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after the termination of the Agreement. Copies shall be made available upon request.
2
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, and other materials produced
by the Professional in connection with the services rendered under this Agreement shall be
the property of the City.
7. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated by
this 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.
8. INDEMNIFICATION. Professional 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 fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Professional's own employees, or damage
to property occasioned by a negligent act, omission or failure of the Professional.
9. INSURANCE. The Professional 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 to 2 million aggregate with defense costs in addition
to limits; workers' compensation insurance, and vehicular liability insurance.
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
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.
10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the Professional
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 Professional nor any employee
of Professional 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
Professional, or any employee of Professional.
•
11. COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Professional, to solicit or secure this contract, and that he has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for
the Professional, any fee, commission, percentage, brokerage fee, gifts, or any 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.
12. DISCRIMINATION PROHIBITED. The Professional, 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.
3
13. ASSIGNMENT. The Professional shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the City.
14. 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.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Professional.
b. In the event of the death of a member, 'partner or officer of the Professional, or any of
its supervisory personnel assigned to the project, the surviving members of the
Professional 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 Professional and the City, if the City so
chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 -0310
Notices to Professional shall be sent to the following address:
C.A.P. Government, Inc.
343 Almeria Avenue
Coral Gables, FL 33134
ATTN: Mr. Carlos A. Penin
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Professional 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
Professional.
19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes
119.07.
The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The
contractor shall comply with Florida's Public Records Law. Effective July 1, 2013, Section
119.071, Fla. Stat., the contractor shall:
4
1. Keep and maintain public records that ordinarily and necessarily would be required by
the City in order to perform the service;
2. Provide the public with access to such public records on the same terms and conditions
that the City would provide the records and at a cost that does not exceed that provided in
chapter 119, Fla. Stat., or as otherwise provided by law;
3. Ensure that public records that are exempt or that are confidential and exempt from
public record requirements are not disclosed except as authorized by law; and
4. Meet all requirements for retaining public records and transfer to the City, at no cost, all
public records in possession of the contractor upon termination of the contract and destroy
any duplicate public records that are exempt or confidential and exempt. All records stored
electronically must be provided to the City in a format that is compatible with the information
technology of the agency.
Failure of the contractor to comply with the provisions set forth in this General Condition
shall constitute a Default and Breach of the Agreement with the City.
DATED this / d y of ,...-,___e_.-4___., , 2016
CITY OF BOYNTON BEACH
eX g 1 b
City Manager Pro es nal
C. . GcN'exr)4 W1.2vt Z Kc.,
fe, Fi O r s rt t w
w ereSE.C142/10t
Attest /Authenticated: fi F ,' _
'� ���' Title
e f'
! � .��✓ + (Corporate Seal
Cif' ' lerk
Approved as to .r : Attest /Authenticated:
f, � 1
a / viii«' id, .�
■ Office of the Cit Iorney Secretary
c,s Iii. . en
5
PRICE PROPOSAL •
PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
The undersigned agrees to provide Supplemental Inspection and Plan Review Services as
called for by the Scope of Services and Proposal Documents and Agreement, in the manner
prescribed therein and to the standards of quality and performance established by the City for
the unit price stated in the spaces herein provided.
> SINGLE CERTIFICATION (Any one discipline as a Building, Mechanical, Electrical, or Plumbing
Inspector /Plan Review)
> MULTIPLE CERTIFICATIONS (Any combination of Building, Mechanical, Electrical, or Plumbing
Inspector /Plan Review)
> ONE DAY EQUALS EIGHT (8) HOURS
➢ TWO HOUR MINIMUM FOR HOURLY
All hourly and day rates provided shall be inclusive of all reimbursable expenses (travel,
mileage, copies, etc.).
Item Description Hourly Cost Daily Cost Monthly Cost Annual Cost
No. of Services Per Individual Per Individual Per Individual Per Individual
Building $ 82.50 $ 660.00 $ 12.500.00 $ 135.000.00
1 Official BLDG OFFICIAL BLDG OFFICIAL BLDG OFFICIAL BLDG OFFICIAL
PER HOUR PER DAY PER MONTH PER YEAR
Deputy $82.50 $ 660.00
2 Building DEPUTY BO DEPUTY BO $ DEPUTY BO $ DEPUTY BO
Official PER HOUR PER DAY PER MONTH PER YEAR
Single
Discipline $ 62.50 $ 500.00 $ 9,500.00 $ 103,000.00
3 Field INSPECTOR INSPECTOR INSPECTOR INSPECTOR
Inspector PER HOUR PER DAY PER MONTH PER YEAR
Multi
Discipline $ 67.50 $ 540.00 $ 10,000.00 $ 108,000.00
4 Field INSPECTOR INSPECTOR INSPECTOR INSPECTOR
Inspector PER HOUR PER DAY PER MONTH PER YEAR
Single
Discipline $67.50 $ 540.00 $ 10,000.00 $ 108,000.00
5 Plans PLANS EXAM PLANS EXAM PLANS EXAM PLANS EXAM
Examiner PER HOUR PER DAY PER MONTH PER YEAR
Multi
Discipline $ 72.50 $ 580.00 $ 11.000.00 $ 119,000.00
6 Plans PLANS EXAM PLANS EXAM PLANS EXAM PLANS EXAM
Examiner PER HOUR PER DAY PER MONTH PER YEAR
Business $45.00 $ 360.00 $ 6,750.00 $ 73,000.00
7 Inspector INSPECTOR INSPECTOR INSPECTOR INSPECTOR
PER HOUR PER DAY PER MONTH PER YEAR
Application $ 35.00 $ 280.00 $ 5,300.00 $ 57,000.00
8 Technician APP TECH APP TECH APP TECH APP TECH
PER HOUR PER DAY PER MONTH PER YEAR
THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 21
COMPLETE AND ACCEPTABLE.
RFP No. 012 - 2411- 16 /JMA
Price Proposal continued
The undersigned agrees the right of the City to hold all Proposals and Proposal guarantees for a
period not to exceed ninety (90) days after the RFP opening date. The undersigned accepts the
invoicing and payment policies specified in the Agreement.
C.A.P. Government, Inc.
COMPANY NAME SIGNAT' `E
( 805 ) 458 -6000 Mobile Number Carlos A. Penin, PE
TELEPHONE NO. PRINTED NAME
capenin @capfla.com President
E -MAIL ADDRESS TITLE
DATE
•
THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 22
COMPLETE AND ACCEPTABLE.
RFP No. 012 - 2411 -16 /JIM