R13-0561
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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:
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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