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R19-0462 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. R19-046 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RECOMMENDATION OF THE EVALUATION COMMITTEE AND AUTHORIZING THE CITY MANAGER TO SIGN A THREE (3) YEAR AGREEMENT WITH ROSSMAN ENTERPRISES DBA CLEAN AIR CONCEPTS AS A RESULT OF RFP # 021-2210- 19/IT FOR THE INSTALLATION OF VEHICLE EXHAUST EXTRACTION SYSTEM FOR FIRE STATION #3 WITH AN ESTIMATED COST OF $54,015.00.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the On March 18, 2019, the City opened and tabulated one (1) proposal to RFP # 021-2210-19/IT for Vehicle Exhaust Extraction System. This RFP was issued to provide and install vehicle exhaust removal system in various Fire Stations within the City of Boynton Beach; and WHEREAS, on March 29, 2019, in a public noticed evaluation meeting, the Selection Committee, comprised of City Staff, revealed their independent scores for the sole proposal based upon the evaluation criteria described in the RFP; and WHEREAS, the scores were tabulated by Purchasing Services to arrive at the final score and since there was only one (1) proposal, the Committee recommended negotiating the price with the vendor; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to Approve the recommendation by the Evaluation Committee and authorize the City Manager to sign an Agreement with Rossman Enterprises DBA Clean Air Concepts as a result of RFP # 021-2210-19/IT for the installation of Vehicle Exhaust Extraction System for Fire Station #3 with an estimated cost of $54,015.00. The Agreement shall be for a period of three (3) years commencing on the date the Agreement is executed by the City with two (2) one-year renewals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF C:\Users\Pylej\Appdata\Local\Microsoft\Windows\Temporary Intemet Files\IE\6E0451GLWgreement_With_Rossman_Enterprises_For_Vehicle_Exhaust_Extraction_System(Firestation_3)_=Reso.Docx - 1 - 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the recommendation by the Evaluation Committee and authorizes the City Manager to sign an Agreement with Rossman Enterprises DBA Clean Air Concepts as a result of RFP # 021-2210-19/IT for the installation of Vehicle Exhaust Extraction System for Fire Station #3 with an estimated cost of $54,015.00, for a period of three (3) years commencing on the date the Agreement is executed by the City with two (2) one-year renewals. A copy of the Agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this 4A day of , 2019. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Tyrone Penserga VOTE ATTEST: Y .d 7'01y Judi A. Pyle, CMC Fr tZ Ci Clerk V YES NO i i S70 (Corporate Seal) 1441t,*'j01L11D Tv; =- C:\Users\Pylej\Appdata\Local\Microsoft\Windows\Temporary 1nnttee;;Z1____ Files\IE\6EO45IGL\Agreement_With_Rossman Enterprises_For_Vehicle_Exhaust_Extraction_System(Firestation_3)_-_Reso.Docx -2- AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ROSSMAN ENTERPRISES, INC D/B/A CLEAN AIR CONCEPTS THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Rossman Enterprises, Inc. d/b/a Clean Air Concepts . hereinafter referred to as "VENDOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The VENDOR is retained by the City to perform professional services in connection with the RFP FOR VEHICLE EXHAUST EXTRACTION SYSTEM; RFP No.: 021-2210-19/IT. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services, identified in Section II — Scope of Services and attached hereto as Exhibit A. City intends to install similar systems in the other fire stations over the life of this agreement and will get pricing from vendor for each station as installation is requested. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the VENDOR to proceed. VENDOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon award by City Commission for three (3) years, with ability to renew for two (2), one (1) year renewals. 5. PAYMENT: The City will pay the VENDOR, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows, not to exceed _$54,015.00_for Fire Station #3_, future stations costs will be determined at a later date. a. Payment for the work provided by VENDOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to VENDOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The VENDOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the VENDOR in the amount approved. c. Final payment of any balance due the VENDOR of the total contract 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 VENDOR'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, drawings, specifications and other materials produced by the VENDOR in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with VENDOR's endeavors. 7. COMPLIANCE WITH LAWS. VENDOR 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. INDEMNIFICATION. VENDOR 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 VENDOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the VENDOR. 9. INSURANCE. The VENDOR 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 $2,000,000 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 VENDOR 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 VENDOR nor any employee of VENDOR 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 VENDOR, or any employee of VENDOR. 11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, 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 VENDOR, 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 VENDOR, 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 VENDOR 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 VENDOR. b. In the event of the death of a member, partner or officer of the VENDOR, or any of its supervisory personnel assigned to the project, the surviving members of the VENDOR 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 VENDOR 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 VENDOR shall be sent to the following address: Maggie Rossman-Roach President 11449 Deerfield Road Cincinnati, OH 45252 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the VENDOR 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 is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. DATED this day of , 20� CITY OF BOYNTON BEACH ya--� - Lori LaVerriere, City Manager Attest/Authenticated: Signature of Au horized Official Ua, ml am-2at�. Printed a of Authorized Official resp Title Queenester Nieves dy Pyle, City Clerk Approved as to Form: laws A. Cherof, —` Attest/Authenticated: (Corporate Seal) qovvxffu�� Secretary Page X11 of 989 EXHIBIT A SCOPE OF SERVICES Section II — OBJECTIVES, REQUIREMENTS AND TECHNICAL REQUIREMENTS 1. OBJECTIVES OF THE RFP The City of Boynton Beach is seeking to enter into an Agreement with a responsive and responsible Proposer qualified to provide and install vehicle exhaust removal systems in various Fire Stations within the City of Boynton Beach, per the terms, conditions and specifications in this RFP in a timely and cost effective manner. The City was awarded a grant by the Department of Homeland Security (FEMA) for these services. 2. CONTRACT TERM AND ADDITIONAL CITY LOCATIONS THAT MAY BE CONSIDERED FOR VENTILATION EXHAUST SYSTEMS The City may over the next five (5) years wish to install vehicle exhaust extraction systems at other Fire Station locations and/or other City locations. The City is seeking an Agreement for an initial term of three (3) years, with two (2) additional one-year renewal terms based upon satisfactory performance and mutual agreement of the City and the awardee. Pricing for each additional location shall be based upon the same pricing methodology used for this proposal and shall be negotiated per location. 3. TECHNICAL REQUIREMENTS A. Extraction System Overview 1. The exhaust system shall be designed to vent 100% of exhaust gases and particulate safely to the outside of the fire station. The exhaust system shall be designed and installed by factory trained and authorized personnel, certified by the manufacturer of the exhaust system. Manufacturers shall be required to have a minimum of five years of proven manufacturing experience in the manufacture of emergency vehicle exhaust extraction equipment. 2. The department shall be able to use the exhaust system for performing engine and pumper checks indoors. 3. System must be designed for high temperature vehicle exhaust fire rescue applications. The system shall automatically activate, disconnect, shutdown, and reactivate upon return without human intervention. 4. Exceptions and Variances from any of the specifications outlined in these bid specifications must be acknowledged and listed on a sheet attached to your bid. Failure to list and acknowledge exceptions to the specifications will result in rejection of the bid. B. System Description The exhaust system shall be a source capture system designed to handle exhaust fumes from diesel engines. The system shall address a total of 3 capture points (3 vehicle bays) housed in the following Station: Fire Station #3, 3105 N. Congress Avenue, Boynton Beach FL 33436 C. Specifications 1. System a. The vehicle exhaust removal system must be a "hands-free" system automatic activated system to allow emergency personnel to respond to the emergency at hand. b. The system shall automatically activate: when apparatus starts for egress as well as ingress to the station, and through additional options as stated within these specifications. The vehicle system must incorporate a timer (or comparable) which shall be easily adjustable. c. The timer control and the filtration or exhaust units with all components in place as a system must be ETL (Electrical Testing Laboratories) approved to UL 507 Standards, with documentation provided with submittal. d. The timer control must be 100% low voltage (24V max.) to eliminate shock hazards to personnel, with no high voltage incorporated in the controls. 2. Equipment a. The system shall be delivered and installed as a turnkey project with no requirement for station personnel involvement. b. The system shall be capable of capturing vehicle exhaust by means of filters or by expelling vehicle exhaust meeting NIOSH (National Institute for Occupational Safety and Health) and OSHA (Occupational Safety and Health Administration standards. 3. Safety a. Components of the system must be ETL (Edison Testing Laboratory) approved. b. Filtration units (if any) or fan unit must have an integral overload breaker switch to work in tandem with electrical panel breakers. c. Control unit shall be self-contained and able to be run manually as needed. d. LED (or equivalent) visible indicators shall be present to indicate unit power is activated. e. Fan/Blower unit shall be equipped with a fan motor overload switch to prevent overheating. f. Surge protection against electrical spikes damaging controls shall be provided. g. If particulate filters are to be used, the MERV rating based on ASHRAE standards must be listed and filtration manufacturer information included, to ensure safe levels of diesel particulate capture control. 4. Activation a. All supplied units must work in tandem with and include an automatic, hands free, low voltage (24V) or air actuated system with little maintenance will be required over the entire life of the activation system. b. If multiple units within a building are needed, the system power sequence start/stop shall have a 25 second sequence delay between pairs of units to prevent heavy power draw. c. A photoelectric -eye, flow switch, or CO/NO2 sensor shall activate the system. d. Each Bay shall have provisions for exhaust removal coverage. 5. Nozzle Attachment -Under Chassis Exhaust -Engine a. The Exhaust Capture System must provide complete, 100% exhaust removal at the source from vehicle start up to exit of the apparatus from the station. In no event shall the nozzle allow for the potential escaping of diesel exhaust into the bay area. A check valve in the tailpipe adaptor or some other method to seal off the backwash of toxic exhaust gases is required to stop contaminant from escaping into the bay area during high RPM engine operation or when the system is not powered up during a power failure. It is a requirement of this RFP that the system be capable of capturing 100% of exhaust gas and particulate even in the event the fan does not activate. Any nozzle that does not seal completely seal 100% around the tailpipe will not be accepted. NO EXCEPTIONS. b. The system shall be designed so that attachment of exhaust hose to tailpipe is accomplished with one simple motion by the operator. c. A rigid lower hose section with handle shall be provided to allow for easy hose connection. d. The nozzle shall allow for the introduction of ambient air to significantly cool the air stream inside the hose and prolong the life of the equipment. Any system that does not seal around the tailpipe and allow for cool ambient air introduction shall be eliminated. e. All adapters and nozzles shall be of similar size to allow vehicles to freely move from bay to bay Any Nozzle adapter shall not exceed 7 -inch diameter to allow adequate ground to tailpipe clearance. f. Tailpipe adapter and nozzle must have inlet that is 5 inches or greater so, exhaust airflow is not impeded. Nozzle to flex hose elbow transition must also be 5 inches or larger to maximize airflow. 6. Installation Installation shall be performed by qualified installers with experience in performing installations of same type equipment. The City shall inspect each unit installation to verify installation for warranty reasons. Boynton Beach Fire Rescue Department will be responsible for the electrical energy source that will provide the proper voltage and current requirements of the electrical components within the system(s). The vendor shall provide all related instruction manuals to the city upon completion. System Warranty Complete exhaust system warranty on all equipment and labor be for a minimum of 1 year. A warranty certificate describing the warranty must be included in the RFP submittal. Location and name of nearest service outlet should be listed in the submittal. Location of parts inventory shall be indicated as well. All equipment must be supplied by one system manufacturer with the complete system covered in its entirety by the manufacturer's warranty. EXHIBIT B FEES AND PAYMENTS �Ia9a�G►up G►coup A DIVISION OF CLEAN AIR CONCEPTS DATE: April 3, 2019 PROPOSAL FOR: City of Boynton Beach 3301 Quantum Boulevard Suite 101 Boynton Beach, Florida 33426 ATTENTION: Finance/Procurement Services REF: RFP NO. 021-2210-19/IT-Vehicle Exhaust Extraction System PROJECT SCOPE: Provide and install a fully automatic MagneGripT°" Diesel Exhaust Extraction System for the source capture and the removal of vehicle exhaust emissions from Apparatus' start up to door threshold. EQUIPMENT, MATERIAL AND LABOR PRICE: STATION #3-3105 N Congress Avenue, Boynton Beach, FL 33436: Three Drop MagneGripT" Straight Suction Rail and Vertical Stack Track Exhaust Removal Systems Package Includes: (2) SSRM-601 Suction Rail systems complete with 5" inch high temperature hose, with (1) Trolley Assembly with external guide wheels, (1) MagneGrip Nozzle Assembly that seals completely around the tailpipe to contain contaminated air and (1) Adaptor assembly that provides easy connection and cool air induction per rail. • (1) 530630-05 Extreme High Temperature Lower Hose rated at 850 degrees, with Handle Assembly • (1) VSR-601D Vertical Stack Rail Drive Thru • (1) CF363-5 MagneGrip Exhaust Fan Model CF363 with durable powder coating and of continuous welded construction throughout. Fan has an efficient backward incline, spark resistant fan wheel and is rated at 5hp 3300 cfm @ 6"sp, meets AMCA #2 standard and bench balanced to ANSI Standard for stability. Fan shall be wired for three phase. (1) 500179-08 Wireless Auto -Start Control Panel in NEMA 4X enclosure with automatic start/stop operation. Entire assembly is UL/CUL listed with timer, manual override switch, and wireless capable. • Wireless receiver, transmitters and pressure sensors for automatic system activation. • (1) 500157-12 12" Up -blast Back Draft Damper Type Rain Cap • ' HazVe �4�ii►fiG4ii�Vlff I�._ _._nVO EXHAUST REMOVAL SVSTENS' F ru�tcnTtos mTsx� n��■au tuan t.mtul 1180., 11449 Deerfield Road I Cincinnati, OH 45242 513-489-4140 800-8]5-5440 Fax: 513-247-2502 I email: info@magnegrip.com www.magnegrip.com 0 W"9804 G"► A DIVISION OF CLEAN AIR CONCEPTS • Electrical Power Wiring from available supply to control panel and to fan. Safety disconnect for fan motor. Does Not Include any subpanels if required, and excludes any modifications required to bring service to code. • Tailpipe Modifications as required but, limited to vehicle tailpipes from the muffler out. Large modifications and severely damaged tailpipes may be excluded. All spiral ductwork, lateral connectors, dampers and hangers for Class 2 Mechanical Installation included. • Adjustable Telescopic Support Legs to hang rail or track systems • Shipping to Job Site, Included • Factory provided labor to install above system to provide a complete turnkey project • Start up and Field Training • Equipment is 100% American Made by an IS09001-2015 Company STATION #3 PRICE...............................................................................................$54,015.00 TERMS: • Does not include roof penetration and sealing, if required • Net Due upon Receipt of Invoice Pricing does 1(= Include any state taxes, sales tax or special tax if required. SUBMITTED BY: Clean Air Concepts Sign Print Maggie Rossman-Roach, President Title t'+`f 5 / C q Date Date ACCEPTED BY: PO #, If Required • - �,, .4��I�WX HazVeok I EXHAUST REMOVAL SYSTEMS i �IuRrwoel SMIErsl Pel6.ilf. E 110YtINamem syg''M< 11449 Deerfield Road I Cincinnati, OH 45242 513-489-4440 800-875-5440 1 Faz: 513-247-2502 I email: info@magnegrip.com www.magnegrip.com 10