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R13-0561 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1�! 201 2�e I 211 21i 241 21 261 i 2 1 i I 2 $i 24 30i RESOLUTION NO. R13 -056 A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTIONS AND PLAN REVIEW SERVICES WITH HY -BYRD, INC., AS PRIMARY VENDOR AND GFA INTERNATIONAL, INC., AS SECONDARY VENDOR; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID AGREEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 20, 2013 Procurement Services opened seven proposals submitted in response to RFP No. 044 - 2411- 13 /JMA for "Building Inspections and Plan review Services;" and WHEREAS, the Evaluation Committee review and scored the responses to the RFP as outlined in the Evaluation criteria of the RFP; and WHEREAS, based on the rankings, the evaluation Committee recommends Hy -Byrd, Inc., as the primary vendor and in the event that Hy -Byrd, Inc., is unable to provide services as requested by the City, GFA International, Inc., is recommended as a secondary vendor; and WHEREAS, the City Commission of the City of Boynton Beach deems it in the best interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into a Professional Services Agreement For Building Inspections and Plan Review Services with Hy -Byrd, Inc., as primary vendor and GFA International, Inc., as secondary vendor for a period of one year with three additional one year renewals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: \ \apps3 city cbb\ auto\ Data\ 180\ Items \172\ 2489\ 3261\ Reso_- _Professional_Servlces_ Agmt _- _Hy- Byrd_ (Bldg _Inspections) doc 1 2 3 4 5 6 7 8; 91 10, 11 12. 13 14 15' 161 17 18 1 19 :' 20 22 23 241t 25 j i 26€ 271 28i I 29; 3 OIL 327" 33. ` 34' 35 Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves and authorizes the City Manager and City Clerk to execute a Professional Services Agreement For Building Inspections and Plan Review Services with Hy -Byrd, Inc., as primary vendor and GFA International, Inc., as secondary vendor for a period of one year with three additional one year renewals, a copy of said Agreements are attached hereto as Exhibits "A" and "B" respectively. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 2n day of July, 2013. t M. Prainito, MMC Clerk CITY OF BOYNTON BEACH, FLORIDA ayor -Jury fay z 17 Vice Mayor - Woodrow L-fT Commissioner - avid T. Merker Co missio er - 4chael M. F /patrick Co issioner - Joe Casello (Corporate Seal) \ \apps3 city cbb\ auto\ Data \180\ Items \172\2489\ 3261\ Reso_ - _Professional_ services_ Agmt _- _Hy- Byrd_(Bldg_1nspectjons) doc PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTIONS AND PLAN REVIEW SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and Hv -Bvrd. 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 Buildinq Inspections and Plan Review Services for the Building Department as the Primary Vendor. 2 SCOPE OF SERVICES Professional agrees to perform the services as outlined in RFP No. 044 - 2411- 13 /JMA, and incorporated herein "Section II, D RESPONSIBILITIES ", and including the provision of all labor, materials, equipment and supplies as required by "Section ll, 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 PM, Monday through Thursday as needed, or as may be altered with mutual agreement Report to the City's Building Official or designee. k Inspection Services and Plan Review shall be provided in the event of a natural disaster (i a hurricane) 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 — July 3, 2013 through July 2, 2014 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" outlined in RFP No. 044 - 2411- 13 /JMA. 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 Citv 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 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 attorneys 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 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: Michael Crisafulle Hy -Byrd, Inc 511 South East Coast Street Lake Worth, FL 33460 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 DATED this day of CITY OF BOYNTON BEACH C i t Hager Attest/Authenticated: EM m . Professional y Citlerk ' � Approved as to F Office of the City CITY OF BOYNTON BEACH RFP No.: 044-2411-13/JMA Title (Corporate Seal) enticated: Secretary EXHIBIT " A " CITY OF BOYNTON BEACH RFP No 044 - 2411- 13 /JMA