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R14-123 1 1 RESOLUTION NO. R14 -123 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING A PROFESSIONAL SERVICES 5 AGREEMENT FOR "BUILDING DIVISION SERVICES" 6 RFP NO. 076-2411-14/JMA WITH C.A.P. GOVERNMENT, 7 INC., OF WESTON, FLORIDA FOR A ONE YEAR 8 TERM, ON AN AS NEEDED BASIS; AUTHORIZING 9 THE CITY MANAGER AND CITY CLERK TO SIGN 10 , THE AGREEMENT; AND PROVIDING AN EFFECTIVE 11 I ; DATE. 12 11 131 14 ! WHEREAS, the Building Division of the Development Department, in their effort to 15 maintain good service for the City of Boynton Beach requested that a Request for Proposal be 16 issued to solicit proposals from qualified firms that would perform building division services 17 for building, electrical. mechanical and /or plumbing inspection and plan review services in 18 accordance with Florida State Statutes 468, Part XII "Building Code Administrators and 19 Inspectors"; and 20 WHEREAS, on September 25, 2014 Procurement Services opened five (5) proposals 21 submitted in response to RFP No. 076 - 2411 -14 /JMA for "Building Division Services;" and 22 WHEREAS, the Evaluation Committee reviewed and scored the responses to the RFP ` 23 as outlined in the Evaluation criteria of the RFP; and 24 WHEREAS, based on the rankings, the evaluation Committee recommends C.A.P. 25 Government, Inc., as the vendor to be awarded this Agreement; and 26 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 27 I interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into I I 28 II a Professional Services Agreement For Building Division Services with C.A.P. Government, 29 , 1 I nc., as vendor for a period of one year with three additional one year renewals. ■ 30 , ! I 1 S \CC \WP \Resolutions\2014 \R14 -123 - Professional Services Agmt for Building Division Services doc ■ II NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF I 2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 g Section 1. Each Whereas clause set forth above is true and correct and I 4 incorporated herein by this reference. 5 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 6 approves and authorizes the City Manager and City Clerk to sign a Professional Services 7 i Agreement For Building Division Services with C.A.P. Government, Inc., as vendor for a 8 period of one year with three additional one year renewals, a copy of said Agreement is 9 attached hereto as Exhibit `'A ". 10 t Section 3. That this Resolution shall become effective immediately upon passage. 11 PASSED AND ADOPTED this 18 day of November, 2014. 12 VOTE CITY OF BOYNTON BEACH, FLORIDA 13 14 YAS ' ',° " /o ' ' 15 M. l tr —Je i b ayl 16 17 YES f I` 18 ► or — Joe Casello 19 20 ! YES V.. 21 Comm - ss ner - ,' • erker 23 YES ( ` 24 " • missioner — Mack cCray 25 26 YF . . d Fr . 27 4 Commissioner — Micha: . F tzpatrick 28 5 -0 29 Vote 30 ATTEST: 31 32 a • 33 j Jan. �' �'to, MMC 34 35 (°. eor° a l S \t \W. = olutions\20 14 -123 - Professional Services Agmt for Building Division Services doc o R14 -123 PROFESSIONAL SERVICES AGREEMENT FOR BUILDING DIVISION SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and C.A.P. Government, Inc. of Westin, FL , 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 BUILDING DIVISION SERVICES. 2 SCOPE OF SERVICES Professional agrees to perform the services and provisions as outlined in RFP No 076- 2411 -14 /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 Director of Development or designee A 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 Inspect new and transferred business uses. Review application and research past use to determine possible change in building code requirements for occupancy. d Receive and investigate alleged complaints of working without permits, operating a business without a Business Use Certificate, code violations, etc., by citizens, City employees, and others including appearances before the Code Enforcement Board where appropriate e 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 f Maintain records of inspection and investigations Log daily inspections and results in the computer system g. Review plans for code compliance Maintain records of reviews and investigations Log daily reviews and results in the computer system h Contact contractors, architects, engineers, and citizens about construction projects, code questions, and other concerns. CITY OF BOYNTON BEACH RFP No 076 - 2411 -14 /JMA 1 R14 -123 I 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. j Perform these duties during normal business hours of 8.00 AM to 5.00 PM, Monday through Friday as needed, or as may be altered with mutual agreement. k Report to the City's Building Official or designee. I Inspection personnel may be required to attend meetings or to provide consultation to the City m Review and maintain all records required by Federal Emergency Management Agency (FEMA) in association with the processing of building permits in the format required by FEMA n Provide services with regard to Unsafe Buildings as described in the Boynton Beach Administrative Amendment to the Florida Building Code, inspect, post and record violations and provide support to the Building Official or designee o Coordinate activities with City's Planning and Zoning Consultants, City's Fire Marshall, and City's Code Enforcement Officers. p Services shall be provided in emergency situations as follows. a. During a declared emergency, Firm shall be responsible for staffing the EOC when operational and assisting with damage assessment and safety inspections. The Building Code Administrator shall have immediate access to building plans and other essential building information b Firm shall work with City during post disaster (natural or man -made) times, in restoring Plan Review and Inspection Services pursuant to the Florida Building Code and executive orders of the Governor. Firm shall provide personnel to assist with damage assessment teams Firm shall serve as a resource and consultant in the relevant discipline areas, assisting the operational decision making process and performing other duties as deemed necessary to restore overall safety and services. c Firm shall provide personnel in each discipline who shall be able to respond within one (1) hour (24 hours /day, 7 days /week) to any type of emergency call -out by the City's Fire Rescue, Law Enforcement or any authorized City representative. B. EQUIPMENT Firm shall provide each inspector 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 will 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. CITY OF BOYNTON BEACH RFP No 076 - 2411- 14 /JMA 9 R14 -123 3 TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Firm to proceed Firm 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 the 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 and in accordance with Attachment "A ", Price Proposal, 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. 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. CITY OF BOYNTON BEACH RFP No 076 - 2411- 14 /JMA 3 R14 -123 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 CITY OF BOYNTON BEACH RFP No 076 - 2411- 14 /JMA 4 R14 -123 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 Carlos A Penin, PE C.A P Government, Inc 3265 Meridian Parkway, Suite 100 Westin, FL 33331 18 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. CITY OF BOYNTON BEACH RFP No 076 - 2411- 14 /JMA 5 ATTACHMENT "A" PRICE PROPOSAL BUILDING DIVISION SERVICES RFP No.: 076- 2411- 14/JMA PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA The undersigned agrees to provide Building Division Services as specified in 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 fee 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) All fees provided shall be inclusive of all reimbursable expenses (travel, mileage, copies, etc.). Item Description of Number of Monthly Cost Per Individual Annual Cost Per Individual No. Services Personnel Deputy Building 1 $ 10,400.00 $ 124,800.00 1 Official PER MONTH PER YEAR Single Discipline 3 $ 30,983.00 $ 371,800.00 2 Field Inspector PER INSPECTOR PER MONTH PER YEAR Multi Discipline $ 8.450,90 $ 101,400.00 3 Field Inspector PER INSPECTOR PER MONTH PER YEAR Single Discipline $ 22,750.00 $ 273,000.00 4 Plans Examiner 2 PER PLANS EXAM PER MONTH PER YEAR Multi Discipline $ 9,750.00 $ 117,000.00 5 Plans Examiner 1 PER PLANS EXAM PER MONTH PER YEAR Business 1 $ 7,800.00 $ 93,600.00 6 inspector PER INSPECTOR PER MONTH PER YEAR TOTAL COST $1.081.600.00 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 23 COMPLETE AND ACCEPTABLE. TOTAL COST PER YEAR: U.S. 1 million, eighty-one thousand, six hundred Dollars and zero Cents (amount written in words has precedence) The undersigned agrees the right of the City of Boynton Beach 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 7 COMPANY NAME SIG A RE ( 305 ) 448 - 1711 Carlos A. Penin, PE TELEPHONE NO. PRINTED NAME capenin ©capfla.cam President E -MAIL ADDRESS TITLE September 25, 2014 DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 24 COMPLETE AND ACCEPTABLE.