R21-026 1 RESOLUTION NO.R21- 0(-)ce
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING THE AWARD OF RFP NO. 021-2411-
5 20/RW FOR SUPPLEMENTAL BUILDING INSPECTIONS AND
6 PLAN REVIEW SERVICES TO C.A.P. GOVERNMENT, INC.,
7 UNIVERSAL ENGINEERING SCIENCES, INC. AND CALVIN,
8 GIORDANO & ASSOCIATES, INC.; AUTHORIZING THE CITY
9 MANAGER TO SIGN PROFESSIONAL SERVICES AGREEMENTS
10 FOR SERVICES TO BE UTILIZED ON AN "AS NEEDED BASIS"
11 WITH A NOT TO EXCEED AMOUNT OF $350,000.00; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, On November 18, 2020, Purchasing issued a Request for Proposals
15 (RFP)with the intent to establish qualified and experienced firms to perform fire,building,
16 electrical, mechanical and/or plumbing inspections and plan review services on an "as
17 needed basis"; and
18 WHEREAS,this RFP was issued to maintain good service and responsiveness for
19 plan review for residential and commercial applications, review Business Use
20 Certification for change in occupancy requirements,and inspection services for structures
21 in which permits have been issued by the City of Boynton Beach; and
22 WHEREAS, after reviewing all proposals, the Fire and Building Divisions are
23 requesting a multi-award to three (3) firms: C.A.P. Government, Inc., Universal
24 Engineering Sciences, Inc. and Calvin, Giordano &Associates; and
25 WHEREAS, by awarding to these three (3) vendors, the Fire and Building
26 Departments will be assured that there will be personnel available to provide immediate
27 services as required; and
28 WHEREAS, the City Commission of the City of Boynton Beach upon
29 recommendation of staff,deems it to be in the best interest of the citizens and residents to
30 approve the award Approve the award of RFP No. 021-2411-20/RW for Supplemental
31 Building Inspections and Plan Review Services to C.A.P. Government, Inc., Universal
32 Engineering Sciences, Inc. and Calvin, Giordano & Associates, Inc. and authorize the
S:\CA\RESO\Agreements\Award of RFP for Supplemental Building Inspections and Plans review-3 vendors-Reso.docx
1 City Manager to sign Professional Services Agreements for services to be utilized on an
2 "as needed basis" with a not to exceed amount of$350,000.00.
3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
4 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
5 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed
6 as being true and correct and are hereby made a specific part of this Resolution upon
7 adoption.
8 Section 2. The City Commission of the City of Boynton Beach, Florida,
9 hereby approves the award of RFP No. 021-2411-20/RW for Supplemental Building
10 Inspections and Plan Review Services to C.A.P.Government,Inc.,Universal Engineering
11 Sciences, Inc. and Calvin, Giordano & Associates, Inc. and authorize the City Manager
12 to sign Professional Services Agreements for services to be utilized on an "as needed
13 basis" with a not to exceed of $350,000.00. A copy of each Professional Services
14 Agreement is attached hereto and incorporated herein as Composite Exhibit"A".
15 Section 3. That this Resolution shall become effective immediately.
16 PASSED AND ADOPTED this 16th day of February,2021.
17 CITY OF BOYNTON BEACH,FLORIDA
18 YES NO
19
20 Mayor—Steven B. Grant
21
22 Vice-Mayor—Ty Penserga
23 ✓
24 Commissioner—Justin Katz
25
26 Commissioner—Woodrow L. Hay V
27
28 Commissioner—Christina L. Romelus
29
30 ATTEST: VOTE 5
31
32 I.41i! i��111 0.'411 % .14 l�`� F� � , ,,
33 Tammy Stanzi' e �` t j, •r`
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34 Deputy City C erk •#d`4 r ` " fra, f " ;
35 (Corporate Seal) •
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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 "CITY", and Calvin, Giordano & Associates, Inc., hereinafter referred to as "CONSULTANT", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited
proposals for a non-exclusive Contract to perform building inspections and plan review services, and
WHEREAS, THE CITY issued a Request For Proposal for SUPPLEMENTAL BUILDING
INSPECTIONS AND PLAN REVIEW SERVICES, RFP No. 021-2411-20/RW; and
WHEREAS, RFP No. 021-2411-20/RW defined Scope of Services as SUPPLEMENTAL
BUILDING INSPECTIONS AND PLAN REVIEW SERVICES; and
WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform
the scope of services set forth in RFP No. 021-2411-20/RW; and
WHEREAS, the CITY Manager administrative staff, has successfully negotiated an Agreement
with CONSULTANT defining terms and conditions for the performance of supplemental building
inspections and plan review service within the scope of the Request for Proposal; and
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties
agree as follows:
ARTICLE 1 - SERVICES
1.1 CONSULTANT agrees to perform Supplemental Building Inspections and Plan Review
Services outlined in RFP No. 021-2411-20/RW and incorporated herein: Sections
"RESPONSIBILITIES" and "EQUIPMENT".
RESPONSIBILITIES
a. Inspection and Plan Review services shall include, but not be limited to, fire, 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.
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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.
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.
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.
The CITY's Representative during the performance of this Contract shall be
John Kuntzman, Deputy Building Official Development: 561-742-6376 and
Adam Temple, Director Community Standards Boynton Beach Fire Rescue:
561-742-6121.
The CONSULTANT'S Representative during the performance of the Contract shall be
John M. Stone: 954-921-7781.
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ARTICLE 2 -TERM
2.1 The initial Contract period shall be for an initial term of one (1) year, commencing on
February 17, 2021.The City reserves the right to renew the contract for three(3)additional
one (1) year periods, under the same terms, conditions. The Services to be performed
during the initial one (1) year term will be governed by this Agreement, and that there is
no guarantee of future work being given to the Consultant.
2.2 In the event that services are scheduled to end either by contract expiration or by
termination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the
services, if requested by the CITY, or until task or tasks is/are completed. At no time shall
this transitional period extend more than one-hundred and eighty (180) calendar days
beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed
for this service at the rate in effect when this transitional period clause was invoked by the
CITY.
ARTICLE 3 -TIME OF PERFORMANCE
3.1 Work under this Contract shall commence upon the issuance of a purchase order by the
CITY to the CONSULTANT. CONSULTANT shall perform all services and provide all
work product required pursuant to this Agreement within the time period set forth in the
purchase order, unless an extension of time is granted in writing by the CITY.
ARTICLE 4 - PAYMENT
4.1 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
ARTICLE 5 -OWNERSHIP AND USE OF DOCUMENTS
5.1 Upon completion of the project and final payment to CONSULTANT, all documents,
drawings, specifications and other materials produced by the CONSULTANT in
connection with the services rendered under this agreement shall be the property of the
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CITY whether the project for which they are made is executed or not. Notwithstanding the
foregoing,the CONSULTANT shall maintain the rights to reuse standard details and other
design copies,including reproducible copies,of drawing and specifications for information,
reference and use in connection with CONSULTANT's endeavors. Any use of the
documents for purposes other than as originally intended by this Agreement, without the
written consent of CONSULTANT, shall be at the CITY's sole risk and without liability to
CONSULTANT and CONSULTANT'S sub-CONSULTANTS.
ARTICLE 6 - FUNDING
6.1 This Agreement shall remain in full force and effect only as long as the expenditures
provided in the Agreement have been appropriated by the CITY in the annual budget for
each fiscal year of this Agreement, and is subject to termination based on lack of funding.
ARTICLE 7 -WARRANTIES AND REPRESENTATIONS
7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the
scope of services contemplated under this Agreement and that it will retain and assign
qualified professionals to all assigned projects during the term of this Agreement.
CONSULTANT's services shall meet a standard of care for PROFESSIONAL SERVICES
AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW
SERVICES. In submitting its response to the RFP, CONSULTANT has represented to
CITY that certain individuals employed by CONSULTANT shall provide services to CITY
pursuant to this Agreement. CITY has relied upon such representations. Therefore,
CONSULTANT shall not change the designated Project Manager for any project without
the advance written approval of the CITY, which consent may be withheld in the sole and
absolute discretion of the CITY.
ARTICLE 8 -COMPLIANCE WITH LAWS
8.1 CONSULTANT shall, in performing the services contemplated by this service 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.
ARTICLE 9 - INDEMNIFICATION
9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and
employees, from and against any and all third-party claims, losses or liability, or any
portion thereof, including attorney's fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to CONSULTANT's own employees, or
damage to property to extent caused by a negligent act, omission of the CONSULTANT.
Neither party to this Agreement shall be liable to any third party claiming directly or through
the other respective party, for any special, incidental, indirect or consequential damages
of any kind,including but not limited to lost profits or use that my result from this Agreement
or out of the services or goods furnished hereunder.
ARTICLE 10 -INSURANCE
10.1 During the performance of the services under this Contract, CONSULTANT shall maintain
the following insurance policies, and provide originals or certified copies of all policies,and
shall be written by an insurance company authorized to do business in Florida.
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10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and
maintain for the life of this Contract, Worker's Compensation Insurance covering
all employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer's Liability with limits meeting all applicable state
and federal laws. This coverage must extend to any sub-CONSULTANT that does
not have their own Worker's Compensation and Employer's Liability Insurance.
The policy must contain a waiver of subrogation in favor of the CITY of Boynton
Beach, executed by the insurance company.
10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain
for the life of this Contract, Comprehensive General Liability Insurance. This
coverage shall be on an"Occurrence"basis. Coverage shall include Premises and
Operations; Independent consultants, Products Completed Operations and
Contractual Liability with specific reference of Article 7, "Indemnification" of this
Agreement. This policy shall provide coverage for death, personal injury or
property damage that could arise directly or indirectly from the performance of this
Agreement. CONSULTANT shall maintain 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. The general liability insurance shall
include the CITY as an additional insured and shall include a provision prohibiting
cancellation of the policy upon thirty (30)days prior written notice to the CITY.
10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for
the life of this Contract, Business Automobile Liability Insurance. The
CONSULTANT shall maintain a minimum amount of$1,000,000 combined single
limit for bodily injury and property damage liability to protect the CONSULTANT
from claims for damage for bodily and personal injury, including death, as well as
from claims for property damage, which may arise from the ownership, use of
maintenance of owned and non-owned automobile, included rented automobiles,
whether such operations be by the CONSULTANT or by anyone directly or
indirectly employed by the CONSULTANT.
10.1.4 Professional Liability(Errors and Omissions) Insurance: The CONSULTANT shall
procure and maintain for the life of this Contract in the minimum amount of
$1,000,000 per occurrence.
10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub-consultants
comply with the same insurance requirements referenced above.
10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the
CONSULTANT of additional liability insurance coverage or coverage which is different in
kind, the CITY reserves the right to require the provision by CONSULTANT of an amount
of coverage different from the amounts or kind previously required and shall afford written
notice of such change in requirements thirty (30) days prior to the date on which the
requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the
requirement of changed coverage within the thirty (30) days following the CITY's written
notice, the CITY, at its sole option, may terminate the Contract upon written notice to the
CONSULTANT, said termination taking effect on the date that the required change in
policy coverage would otherwise take effect.
10.4 CONSULTANT shall, for a period of two (2) years following the termination of the
Agreement, maintain a "tail coverage" in an amount equal to that described above for
Comprehensive Liability Insurance on a claims-made policy only.
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ARTICLE 11 - INDEPENDENT CONSULTANT
11.1 CONSULTANT is an independent CONSULTANT 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
CONSULTANT nor any employee of CONSULTANT 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 CONSULTANT, or any employee of
CONSULTANT.
ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES
12.1 The CONSULTANT warrants that he has not employed or retained any company or
person, other than a bonafide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and that he has not paid or agreed to pay any company or
person, other than a bonafide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this Agreement. For breach or violation of this
warranty, the CITY shall have the right to annul this Agreement 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.
ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE
13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement is accurate, complete, and current as of the
date of the Agreement and no higher than those charged the CONSULTANT's most
favored customer for the same or substantially similar service.
13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or non-
current wage rates or due to inaccurate representations of fees paid to outside
CONSULTANTs. The CITY shall exercise its rights under this "Certificate" within one (1)
year following payment.
ARTICLE 14 - DISCRIMINATION PROHIBITED
14.1 The CONSULTANT, 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.
ARTICLE 15 -ASSIGNMENT
15.1 The CONSULTANT shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the CITY.
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ARTICLE 16 - NON-WAIVER
16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party's rights with respect to any other
or further breach. The making or acceptance of a payment by either party with knowledge
of the existence of a default or breach shall not operate or be construed to operate as a
waiver of any subsequent default or breach.
ARTICLE 17 —TERMINATION
17.1 Termination for Convenience: This Agreement may be terminated by the CITY for
convenience, upon ten (10) days of written notice by the terminating party to the other
party for such termination in which event the CONSULTANT shall be paid its
compensation for services performed to termination date, including services reasonably
related to termination. In the event that the CONSULTANT abandons the Agreement or
causes it to be unlawfully terminated, CONSULTANT shall indemnify the CITY against
loss pertaining to this abandonment or unlawful termination. CONSULTANT may
terminate this contract, or any part of this contract upon ninety (90) days written notice,
with or without cause and with no penalty or additional cost beyond the rates stated in this
contract. in case of such termination, CONSULTANT shall be entitled to receive payment
for work completed up to and including the date of termination within thirty (30) days of
the termination.
ARTICLE 18 - DISPUTES
18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated
within the courts of Florida. Further, this Agreement shall be construed under Florida Law.
ARTICLE 19— UNCONTROLLABLE FORCES
19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement
if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces"shall mean any event which results in the prevention or
delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the non-performing party. It includes, but is not limited
to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage, and governmental actions.
19.2 Neither party shall, however, be excused from performance if non-performance is due to
forces which are preventable, removable, or remediable, and which the non-performing
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
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111 ARTICLE 20 - NOTICES
Notices to the CITY of Boynton Beach shall be sent to the following address:
City of Boynton Beach
Attn: Lori LaVerriere, City Manager
1 100 E. Ocean Avenue
Boynton Beach, FL 33435
Notices to CONSULTANT shall be sent to the following address:
Calvin, Giordano & Associates, Inc.
1800 Eller Drive
Fort Lauderdale, FL 33316
Attn: John M. Stone
Tel: 954-921-7781
Fax: 954-921-8807
Email: jstone@cgasolutions.com
ARTICLE 21 - INTEGRATED AGREEMENT
21.1 This Agreement, together with the RFP/RFP and any addenda and/or attachments,
represents the entire and integrated agreement between the CITY and the CONSULTANT
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
CONSULTANT.
ARTICLE 22 - SOVEREIGN IMMUNITY
22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity.
Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or
modify the immunities and limitations on liability provided for in Section 768.28, Florida
Statute, as may be emended from time to time, or any successor statute thereof. To the
contrary, all terms and provisions contained in the Agreement, or any disagreement or
dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation
from liability provided to any successor statute thereof. To the contrary, all terms and
provision contained in the Agreement, or any disagreement or dispute concerning it, shall
be construed or resolved so as to insure CITY of the limitation from liability provided to the
State's subdivisions by state law.
It is the intention of the parties that, to the greatest extent permitted by applicable law,
CONSULTANT shall be entitled to protection under the doctrine of sovereign immunity,
including limitations of liability, to the same extent as CITY would be in the event that the
services provided by CONSULTANT were being provided by CITY. Nothing in the
Contract shall be deemed a waiver of such protections.
22.2 In connection with any litigation or other proceeding arising out of the Agreement, each
party shall be entitled to recover its own costs and attorney fees through and including any
appeals and any post-judgment proceedings. CITY's liability for costs and attorney's fees,
however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend
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CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as
amended.
1. Claims, disputes or other matters in question between the parties to this Agreement
arising out of or relating to this Agreement shall be in a court of law. The CITY does
not consent to mediation or arbitration for any matter connected to this Agreement.
2. The parties agree that any action arising out of this Agreement shall take place in Palm
Beach County, Florida.
ARTICLE 23—PUBLIC RECORDS
23.1 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 CONSULTANT
shall comply with Florida's Public Records Law. Specifically, the CONSULTANT 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,
CONSULTANT shall maintain in a secured manner all copies of such confidential and
exempt records remaining in its possession once the CONSULTANT transfers the
records in its possession to the CITY; and
D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to
the CITY, all public records in CONSULTANT'S possession. All records stored
electronically by CONSULTANT 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 CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
TELEPHONE: 561-742-6061
GIBSONC@BBFL.US
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ARTICLE 24-SCRUTINIZED COMPANIES 287.135 and 215.473
24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott
of Israel. Proposer further certifies that Proposer 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 CONSULTANT 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 CONSULTANT of the CITY's determination concerning the false certification.
CONSULTANT 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,
CONSULTANT 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
CONSULTANT 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.
ARTICLE 25- E-VERIFY
Contractor certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statues, as may be amended from time to time and briefly described
herein below.
1) Definitions for this Section:
"Contractor" means a person or entity that has entered or is attempting to enter into a
contract with a public employer to provide labor, supplies, or services to such employer in
exchange for salary,wages,or other remuneration. "Contractor"includes, but is not limited
to, a vendor or consultant.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or
for a contractor or another subcontractor in exchange for salary, wages, or other
remuneration.
"E-Verify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to electronically
verify the employment eligibility of newly hired employees.
2) Registration Requirement;Termination:
Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors,
shall register with and use the E-verify system in order to verify the work authorization
status of all newly hired employees. Contractor shall register for and utilize the U.S.
Department of Homeland Security's E-Verify System to verify the employment eligibility
of:
a) All persons employed by a Contractor to perform employment duties within
Florida during the term of the contract; and
b) All persons (including subvendors/subconsultants/subcontractors)
assigned by Contractor to perform work pursuant to the contract with the City of
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Boynton Beach. The Contractor acknowledges and agrees that registration and
111 use of the U.S. Department of Homeland Security's E-Verify System during the
term of the contract is a condition of the contract with the City of Boynton Beach;
and
c) The Contractor shall comply with the provisions of Section 448.095, Fla.
Stat., "Employment Eligibility," as amended from time to time. This includes, but
is not limited to registration and utilization of the E-Verify System to verify the
work authorization status of all newly hired employees. Contractor shall also
require all subcontractors to provide an affidavit attesting that the subcontractor
does not employ, contract with, or subcontract with, an unauthorized alien. The
Contractor shall maintain a copy of such affidavit for the duration of the contract.
Failure to comply will lead to termination of this Contract, or if a subcontractor
knowingly violates the statute, the subcontract must be terminated immediately.
Any challenge to termination under this provision must be filed in the Circuit
Court no later than twenty (20) calendar days after the date of termination.
Termination of this Contract under this Section is not a breach of contract and
may not be considered as such. If this contract is terminated for a violation of the
statute by the Contractor, the Contractor may not be awarded a public contract
for a period of one (1) year after the date of termination.
This Agreement will take effect on February 17, 2021 or once signed by both parties. This Agreement
may be signed by the parties in counterparts which together shall constitute one and the same
agreement among the parties. A facsimile signature shall constitute an original signature for all
purposes.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
100428368.13ob-9oomuRFP No. 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and
year set forth below their respective signatures.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
copies, each of which shall be considered an original on the following dates:
DATED this day of V c,...4,6,_2( 227 , 20 .
CITY OF BOYNTON BEACH
, ,.. ..,„,,,,,..._,
_,.............
City Ma ager Calvin, Giordano&Associates, Inc.
Attest/Authenticated: Chris Giordano, MSC, CCM
President
Title y-f-- f ;ti;
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A2r i (Corporate S a ; ,-"
City Clerk y ii . ? n = t '�:,;"5; !>•,
.1;_.,:":
";41.",:74:
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Approved a o Fi rm:; eoYN'�° Attest/ uthenticated: ' ,
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1 /6 / '
. ► - of helrAttorney Witness
I
[oo42236E.13o6-9a01a21[RFP No. 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN
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City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City
of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate
Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing
insurance coverages must have a current rating by A.M. Best Co. of"B+"or higher. (NOTE: An insurance contract or binder
may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of
insurance required of consultants,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and
the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon
identified risk.)
------- ----------------------------------------- —
TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $1,000,000.00
Commercial General Liability Products-Comp/OpAgg. $1,000,000.00
Owners&Consultant's Protective(OCP) Personal&Adv.Injury $1,000,000.00
Liquor Liability Each Occurrence $1,000,000.00
Professional Liability Fire Damage(any one fire) $ 50,000.00
Employees&Officers Med.Expense(any one person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Consultants
Broad Form Property Damage
Fire Legal Liability
Automobile Liability — — —J–Combined Single Limit -- $ 300,000.00
to be determined
Any Auto Bodily Injury(per person)
All Owned Autos Bodily Injury(per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
---- —
Garage Liability Auto Only,Each Accident $1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $1,000,000.00
Aggregate $1,000,000.00
-----------_—�-----�--_-------- -------------.—__—,--
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease,Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
------
Property
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
------ ---------------- ---------------------- ------
Other- As Risk Identified to be determined
1004283641.130(,-9001821 I
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EXHIBIT "A"
SCHEDULE OF PRICES
• • • ► • • • 4 ► •
The Proposer agrees to provide Supplemental Inspections 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 Fire, Building, Mechanical, Electrical, or Plumbing
Inspector/Plan Review)
• MULTIPLE CERTIFICATIONS (Any combination of Fire, Building, Mechanical, Electrical, or Plumbing
Inspector/Plan Review)
• ONE DAY EQUALS EIGHT(8)HOURS
TWO HOURS MINIMUM FOR HOURLY
All hourly rates provided shall be inclusive of all reimbursable expenses (travel, mileage, copies,
etc.).
Item Description Hourly Rate Per Estimated Total Annual
No. of Services Individual Hours Annually Cost
Single
Discipline
1 Field $95.00 5,613 $533,235.00
Inspector
Single
Discipline
2 Plans $100.00 2,406 $240,600.00
Examiner
GRAND TOTAL $733,835.00
OPTIONAL
SERVICES
Multi
3 Discipline $95.00
Field
Inspector
Multi
4 Discipline $100.00
Plans
Examiner
Business $95.00
5 Inspector
Application $65.000
6 Technician
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11- p i -vau,
I .,T._
r
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 "CITY", and Universal Engineering Sciences. LLC, hereinafter referred to as "CONSULTANT", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited
proposals for a non-exclusive Contract to perform building inspections and plan review services, and
WHEREAS, THE CITY issued a Request For Proposal for SUPPLEMENTAL BUILDING
INSPECTIONS AND PLAN REVIEW SERVICES, RFP No. 021-2411-20IRW; and
WHEREAS, RFP No. 021-2411-20/RW defined Scope of Services as SUPPLEMENTAL
BUILDING INSPECTIONS AND PLAN REVIEW SERVICES; and
WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform
the scope of services set forth in RFP No. 021-2411-20/RW; and
WHEREAS, the CITY Manager administrative staff, has successfully negotiated an Agreement
with CONSULTANT defining terms and conditions for the performance of supplemental building
inspections and plan review service within the scope of the Request for Proposal; and
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties
agree as follows:
ARTICLE 1 - SERVICES
1.1 CONSULTANT agrees to perform Supplemental Building Inspections and Plan Review
Services outlined in RFP No. 021-2411-20/RW and incorporated herein: Sections
"RESPONSIBILITIES"and "EQUIPMENT".
RESPONSIBILITIES
a. Inspection and Plan Review services shall include, but not be limited to, fire, 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.
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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.
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.
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.
The CITY's Representative during the performance of this Contract shall be
John Kuntzman, Deputy Building Official Development: 561-742-6376 and
Adam Temple, Director Community Standards Boynton Beach Fire Rescue:
561-742-6121.
The CONSULTANT'S Representative during the performance of the Contract shall be
Michael Mayall: 561-347-0070.
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ARTICLE 2 - TERM
III 2.1 The initial Contract period shall be for an initial term of one (1) year, commencing on
February 17, 2021. The City reserves the right to renew the contract for three (3)additional
one (1) year periods, under the same terms, conditions. The Services to be performed
during the initial one (1) year term will be governed by this Agreement, and that there is
no guarantee of future work being given to the Consultant.
2.2 In the event that services are scheduled to end either by contract expiration or by
termination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the
services, if requested by the CITY, or until task or tasks is/are completed. At no time shall
this transitional period extend more than one-hundred and eighty (180) calendar days
beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed
for this service at the rate in effect when this transitional period clause was invoked by the
CITY.
ARTICLE 3 - TIME OF PERFORMANCE
3.1 Work under this Contract shall commence upon the issuance of a purchase order by the
CITY to the CONSULTANT. CONSULTANT shall perform all services and provide all
work product required pursuant to this Agreement within the time period set forth in the
purchase order, unless an extension of time is granted in writing by the CITY.
ARTICLE 4 - PAYMENT
4.1 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
I ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS
5.1 Upon completion of the project and final payment to CONSULTANT, all documents,
drawings, specifications and other materials produced by the CONSULTANT in
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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. Notwithstanding the
foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other
design copies, including reproducible copies, of drawing and specifications for information,
reference and use in connection with CONSULTANT's endeavors. Any use of the
documents for purposes other than as originally intended by this Agreement, without the
written consent of CONSULTANT, shall be at the CITY's sole risk and without liability to
CONSULTANT and CONSULTANT'S sub-CONSULTANTS.
ARTICLE 6 - FUNDING
6.1 This Agreement shall remain in full force and effect only as long as the expenditures
provided in the Agreement have been appropriated by the CITY in the annual budget for
each fiscal year of this Agreement, and is subject to termination based on lack of funding.
ARTICLE 7 -WARRANTIES AND REPRESENTATIONS
7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the
scope of services contemplated under this Agreement and that it will retain and assign
qualified professionals to all assigned projects during the term of this Agreement.
CONSULTANT's services shall meet a standard of care for PROFESSIONAL SERVICES
AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW
SERVICES. In submitting its response to the RFP, CONSULTANT has represented to
CITY that certain individuals employed by CONSULTANT shall provide services to CITY
pursuant to this Agreement. CITY has relied upon such representations. Therefore,
CONSULTANT shall not change the designated Project Manager for any project without
the advance written approval of the CITY, which consent may be withheld in the sole and
absolute discretion of the CITY.
ARTICLE 8 - COMPLIANCE WITH LAWS
8.1 CONSULTANT shall, in performing the services contemplated by this service 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.
ARTICLE 9 - INDEMNIFICATION
9.1 CONSULTANT shall indemnify 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 attorney's fees and costs, arising from injury or death to persons, including
injuries, sickness, disease or death to CONSULTANT's own employees, or damage to
property occasioned by a negligent act, omission of the CONSULTANT. Neither party to
this Agreement shall be liable to any third party claiming directly or through the other
respective party,for any special, incidental, indirect or consequential damages of any kind,
including but not limited to lost profits or use that my result from this Agreement or out of
the services or goods furnished hereunder.
ARTICLE 10 - INSURANCE
10.1 During the performance of the services under this Contract, CONSULTANT shall maintain
the following insurance policies, and provide originals or certified copies of all policies, and
shall be written by an insurance company authorized to do business in Florida.
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10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and
maintain for the life of this Contract, Worker's Compensation Insurance covering
all employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer's Liability with limits meeting all applicable state
and federal laws. This coverage must extend to any sub-CONSULTANT that does
not have their own Worker's Compensation and Employer's Liability Insurance.
The policy must contain a waiver of subrogation in favor of the CITY of Boynton
Beach, executed by the insurance company.
10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain
for the life of this Contract, Comprehensive General Liability Insurance. This
coverage shall be on an"Occurrence" basis. Coverage shall include Premises and
Operations; Independent consultants, Products Completed Operations and
Contractual Liability with specific reference of Article 7, "Indemnification" of this
Agreement. This policy shall provide coverage for death, personal injury or
property damage that could arise directly or indirectly from the performance of this
Agreement. CONSULTANT shall maintain 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. The general liability insurance shall
include the CITY as an additional insured and shall include a provision prohibiting
cancellation of the policy upon thirty (30)days prior written notice to the CITY.
10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for
the life of this Contract, Business Automobile Liability Insurance. The
CONSULTANT shall maintain a minimum amount of$1,000,000 combined single
limit for bodily injury and property damage liability to protect the CONSULTANT
from claims for damage for bodily and personal injury, including death, as well as
from claims for property damage, which may arise from the ownership, use of
maintenance of owned and non-owned automobile, included rented automobiles,
whether such operations be by the CONSULTANT or by anyone directly or
indirectly employed by the CONSULTANT.
10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall
procure and maintain for the life of this Contract in the minimum amount of
$1,000,000 per occurrence.
10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub-consultants
comply with the same insurance requirements referenced above.
10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the
CONSULTANT of additional liability insurance coverage or coverage which is different in
kind, the CITY reserves the right to require the provision by CONSULTANT of an amount
of coverage different from the amounts or kind previously required and shall afford written
notice of such change in requirements thirty (30) days prior to the date on which the
requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the
requirement of changed coverage within the thirty (30) days following the CITY's written
notice, the CITY, at its sole option, may terminate the Contract upon written notice to the
CONSULTANT, said termination taking effect on the date that the required change in
policy coverage would otherwise take effect.
10.4 CONSULTANT shall, for a period of two (2) years following the termination of the
Agreement, maintain a "tail coverage" in an amount equal to that described above for
Comprehensive Liability Insurance on a claims-made policy only
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ARTICLE 11 - INDEPENDENT CONSULTANT
11.1 CONSULTANT is an independent CONSULTANT 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
CONSULTANT nor any employee of CONSULTANT 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 CONSULTANT, or any employee of
CONSULTANT.
ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES
12.1 The CONSULTANT warrants that he has not employed or retained any company or
person, other than a bonafide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and that he has not paid or agreed to pay any company or
person, other than a bonafide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this Agreement. For breach or violation of this
warranty, the CITY shall have the right to annul this Agreement 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.
IARTICLE 13 —TRUTH-IN-NEGOTIATION CERTIFICATE
13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement is accurate, complete, and current as of the
date of the Agreement and no higher than those charged the CONSULTANT's most
favored customer for the same or substantially similar service.
13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or non-
current wage rates or due to inaccurate representations of fees paid to outside
CONSULTANTs. The CITY shall exercise its rights under this "Certificate" within one (1)
year following payment.
ARTICLE 14 - DISCRIMINATION PROHIBITED
14.1 The CONSULTANT, 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.
I ARTICLE 15 - ASSIGNMENT
15.1 The CONSULTANT shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the CITY.
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ARTICLE 16 - NON-WAIVER
16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party's rights with respect to any other
or further breach. The making or acceptance of a payment by either party with knowledge
of the existence of a default or breach shall not operate or be construed to operate as a
waiver of any subsequent default or breach.
ARTICLE 17—TERMINATION
17.1 Termination for Convenience: This Agreement may be terminated by the CITY for
convenience, upon ten (10) days of written notice by the terminating party to the other
party for such termination in which event the CONSULTANT shall be paid its
compensation for services performed to termination date, including services reasonably
related to termination. In the event that the CONSULTANT abandons the Agreement or
causes it to be terminated, CONSULTANT shall indemnify the CITY against loss
pertaining to this termination.
ARTICLE 18 - DISPUTES
18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated
within the courts of Florida. Further, this Agreement shall be construed under Florida Law.
ARTICLE 19— UNCONTROLLABLE FORCES
19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement
if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention or
delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the non-performing party. It includes, but is not limited
to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage, and governmental actions.
19.2 Neither party shall, however, be excused from performance if non-performance is due to
forces which are preventable, removable, or remediable, and which the non-performing
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 20 - NOTICES
Notices to the CITY of Boynton Beach shall be sent to the following address:
City of Boynton Beach
Attn: Lori LaVerriere, City Manager
100 E. Ocean Avenue
Boynton Beach, FL 33435
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Notices to CONSULTANT shall be sent to the following address:
Universal Engineering Sciences, LLC
1215 Wallace Drive
Delray Beach, FL 33444
Attn: Michael Mayall
Tel: 561-347-0070
Fax: 561-395-5805
Email: MMayall@universalengineering.com
ARTICLE 21 - INTEGRATED AGREEMENT
21.1 This Agreement, together with the RFP/RFP and any addenda and/or attachments,
represents the entire and integrated agreement between the CITY and the CONSULTANT
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
CONSULTANT.
ARTICLE 22 - SOVEREIGN IMMUNITY
22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity.
Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or
modify the immunities and limitations on liability provided for in Section 768.28, Florida
Statute, as may be emended from time to time, or any successor statute thereof. To the
contrary, all terms and provisions contained in the Agreement, or any disagreement or
dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation
from liability provided to any successor statute thereof. To the contrary, all terms and
provision contained in the Agreement, or any disagreement or dispute concerning it, shall
be construed or resolved so as to insure CITY of the limitation from liability provided to the
State's subdivisions by state law.
22.2 In connection with any litigation or other proceeding arising out of the Agreement, each
party shall be entitled to recover its own costs and attorney fees through and including any
appeals and any post judgment proceedings. CITY's liability for costs and attorney's fees,
however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend
CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as
amended.
1. Claims, disputes or other matters in question between the parties to this Agreement
arising out of or relating to this Agreement shall be in a court of law. The CITY does
not consent to mediation or arbitration for any matter connected to this Agreement.
2. The parties agree that any action arising out of this Agreement shall take place in Palm
Beach County, Florida.
ARTICLE 23 —PUBLIC RECORDS
23.1 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.
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The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT
111 shall comply with Florida's Public Records Law. Specifically, the CONSULTANT 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,
CONSULTANT shall maintain in a secured manner all copies of such confidential and
exempt records remaining in its possession once the CONSULTANT transfers the
records in its possession to the CITY; and
D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to
the CITY, all public records in CONSULTANT'S possession. All records stored
electronically by CONSULTANT 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 CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
TELEPHONE: 561-742-6061
GIBSONC@BBFL.US
ARTICLE 24— SCRUTINIZED COMPANIES 287.135 and 215.473
24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott
of Israel. Proposer further certifies that Proposer 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 CONSULTANT 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
RFP No. 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES
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shall be deemed a material breach of contract. The CITY shall provide notice, in writing,
to CONSULTANT of the CITY's determination concerning the false certification.
CONSULTANT 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,
CONSULTANT 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
CONSULTANT 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.
ARTICLE 25— E-VERIFY
Contractor certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statues, as may be amended from time to time and briefly described
herein below.
1) Definitions for this Section:
"Contractor" means a person or entity that has entered or is attempting to enter into a
contract with a public employer to provide labor, supplies, or services to such employer in
exchange for salary, wages, or other remuneration. "Contractor"includes, but is not limited
to, a vendor or consultant.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or
for a contractor or another subcontractor in exchange for salary, wages, or other
remuneration.
•
"E-Verify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to electronically
verify the employment eligibility of newly hired employees.
2) Registration Requirement; Termination:
Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors,
shall register with and use the E-verify system in order to verify the work authorization
status of all newly hired employees. Contractor shall register for and utilize the U.S.
Department of Homeland Security's E-Verify System to verify the employment eligibility
of:
a) All persons employed by a Contractor to perform employment duties within Florida
during the term of the contract; and
b) All persons (including subvendors/subconsultants/subcontractors) assigned by
Contractor to perform work pursuant to the contract with the City of Boynton Beach. The
Contractor acknowledges and agrees that registration and use of the U.S. Department of
Homeland Security's E-Verify System during the term of the contract is a condition of the
contract with the City of Boynton Beach; and
c) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes, but is not limited to
registration and utilization of the E-Verify System to verify the work authorization status of
all newly hired employees. Contractor shall also require all subcontractors to provide an
affidavit attesting that the subcontractor does not employ, contract with, or subcontract
with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the
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duration of the contract. Failure to comply will lead to termination of this Contract, or if a
subcontractor knowingly violates the statute, the subcontract must be terminated
immediately. Any challenge to termination under this provision must be filed in the Circuit
Court no later than twenty (20) calendar days after the date of termination. Termination of
this Contract under this Section is not a breach of contract and may not be considered as
such. If this contract is terminated for a violation of the statute by the Contractor, the
Contractor may not be awarded a public contract for a period of one (1) year after the date
of termination.
This Agreement will take effect on February 17, 2021 or once signed by both parties. This Agreement
may be signed by the parties in counterparts which together shall constitute one and the same
agreement among the parties. A facsimile signature shall constitute an original signature for all
purposes."
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and
year set forth below their respective signatures.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
copies, each of which shall be considered an original on the following dates:
DATED this "1"
day of t�3 CL, / , 20 Dl .
CITY OF BOYNTON BEACH
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City Manager Univers.,l En!ineering Sciences, LLC
Attest/Authenticated:
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Approved a • Fo m: Attest/Authenticated:
O ir of a or Attorney fitness
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City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City
of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate
Holder"and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing
insurance coverages must have a current rating by A.M. Best Co. of"B+"or higher. (NOTE: An insurance contract or binder
may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of
insurance required of consultants,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and
the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon
identified risk.)
TYPE (Occurrence Based Only) _ �- MINIMUM UMITS REQUIRED
General Liability ~-� General Aggregate $1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $1,000,000.00
Owners&Consultant's Protective(OCP) Personal&Adv. Injury $1,000,000.00
Liquor Liability Each Occurrence $1,000,000.00
Professional Liability Fire Damage(any one fire) $ 50,000.00
Employees&Officers Med. Expense(any one person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Consultants
Broad Form Property Damage
Fire Legal Liability
Automobile Liability • �_.__. Combined Single LimitW. .. $ 300,000.00
Any Auto Bodily Injury(per person) to be determined
All Owned Autos Bodily Injury(per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
Garage Liability Auto Only,Each Accident $1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $1,000,000.00
Aggregate $1,000,000.00
Excess Liability Each Occurrence ..._�- to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease,Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
Property
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Other- As Risk Identified to be determined
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EXHIBIT "A"
SCHEDULE OF PRICES
SCHEDULE OF PRICES CONSIST OF THE FOLLOWING:
The Proposer agrees to provide Supplemental Inspections 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 Fire, Building, Mechanical, Electrical, or Plumbing
Inspector/Plan Review)
➢ MULTIPLE CERTIFICATIONS (Any combination of Fire, Building, Mechanical, Electrical, or Plumbing
Inspector/Plan Review)
➢ ONE DAY EQUALS EIGHT (8) HOURS
➢ TWO HOURS MINIMUM FOR HOURLY
All hourly rates provided shall be inclusive of all reimbursable expenses (travel, mileage, copies,
etc.).
Item Description Hourly Rate Per Estimated Total Annual
No. of Services Individual Hours Annually Cost
Single
Disciplihe
1 Field $72.50 5,613 $406,942.50
Inspector
Single
Discipline
2 Plans $97.75 2,406 $235,186.50
Examiner
GRAND TOTAL $642,129.00
OPTIONAL
SERVICES
Multi
3 Discipline $95.00
Field
Inspector
Multi
4 Discipline $125.00
Plans
Examiner
Business $65.00
5 Inspector
Application $46.50
6 Technician
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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 "CITY", and C.A.P. Government, Inc., hereinafter referred to as "CONSULTANT", in consideration of
the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited
proposals for a non-exclusive Contract to perform building inspections and plan review services, and
WHEREAS, THE CITY issued a Request For Proposal for SUPPLEMENTAL BUILDING
INSPECTIONS AND PLAN REVIEW SERVICES, RFP No. 021-2411-20/RW; and
WHEREAS, RFP No. 021-2411-20/RW defined Scope of Services as SUPPLEMENTAL
BUILDING INSPECTIONS AND PLAN REVIEW SERVICES; and
WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform
the scope of services set forth in RFP No. 021-2411-20/RW; and
WHEREAS, the CITY Manager administrative staff, has successfully negotiated an Agreement
with CONSULTANT defining terms and conditions for the performance of supplemental building
inspections and plan review service within the scope of the Request for Proposal; and
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties
agree as follows:
ARTICLE 1 - SERVICES
1.1 CONSULTANT agrees to perform Supplemental Building Inspections and Plan Review
Services outlined in RFP No. 021-2411-20/RW and incorporated herein: Sections
"RESPONSIBILITIES" and "EQUIPMENT".
RESPONSIBILITIES
a. Inspection and Plan Review services shall include, but not be limited to, fire, 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.
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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.
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.
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.
The CITY's Representative during the performance of this Contract shall be
John Kuntzman, Deputy Building Official Development: 561-742-6376 and
Adam Temple, Director Community Standards Boynton Beach Fire Rescue:
561-742-6121.
The CONSULTANT'S Representative during the performance of the Contract shall be
Carlos A. Penin, PE: 305-666-7178.
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ARTICLE 2 -TERM
2.1 The initial Contract period shall be for an initial term of one (1) year, commencing on
February 17, 2021. The City reserves the right to renew the contract for three(3)additional
one (1) year periods, under the same terms, conditions. The Services to be performed
during the initial one (1) year term will be governed by this Agreement, and that there is
no guarantee of future work being given to the Consultant.
2.2 In the event that services are scheduled to end either by contract expiration or by
termination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the
services, if requested by the CITY, or until task or tasks is/are completed. At no time shall
this transitional period extend more than one-hundred and eighty (180) calendar days
beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed
for this service at the rate in effect when this transitional period clause was invoked by the
CITY.
ARTICLE 3 -TIME OF PERFORMANCE
3.1 Work under this Contract shall commence upon the issuance of a purchase order by the
CITY to the CONSULTANT. CONSULTANT shall perform all services and provide all
work product required pursuant to this Agreement within the time period set forth in the
purchase order, unless an extension of time is granted in writing by the CITY.
ARTICLE 4 - PAYMENT
4.1 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
ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS
5.1 Upon completion of the project and final payment to CONSULTANT, all documents,
drawings, specifications and other materials produced by the CONSULTANT in
connection with the services rendered under this agreement shall be the property of the
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CITY whether the project for which they are made is executed or not. Notwithstanding the
foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other
design copies, including reproducible copies, of drawing and specifications for information,
reference and use in connection with CONSULTANT's endeavors. Any use of the
documents for purposes other than as originally intended by this Agreement, without the
written consent of CONSULTANT, shall be at the CITY's sole risk and without liability to
CONSULTANT and CONSULTANT'S sub-CONSULTANTS.
ARTICLE 6 - FUNDING
6.1 This Agreement shall remain in full force and effect only as long as the expenditures
provided in the Agreement have been appropriated by the CITY in the annual budget for
each fiscal year of this Agreement, and is subject to termination based on lack of funding.
ARTICLE 7 -WARRANTIES AND REPRESENTATIONS
7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the
scope of services contemplated under this Agreement and that it will retain and assign
qualified professionals to all assigned projects during the term of this Agreement.
CONSULTANT's services shall meet a standard of care for PROFESSIONAL SERVICES
AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW
SERVICES. In submitting its response to the RFP, CONSULTANT has represented to
CITY that certain individuals employed by CONSULTANT shall provide services to CITY
pursuant to this Agreement. CITY has relied upon such representations. Therefore,
CONSULTANT shall not change the designated Project Manager for any project without
the advance written approval of the CITY, which consent may be withheld in the sole and
absolute discretion of the CITY.
ARTICLE 8 - COMPLIANCE WITH LAWS
8.1 CONSULTANT shall, in performing the services contemplated by this service 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.
ARTICLE 9 - INDEMNIFICATION
9.1 CONSULTANT shall indemnify 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 attorney's fees and costs, arising from injury or death to persons, including
injuries, sickness, disease or death to CONSULTANT's own employees, or damage to
property occasioned by a negligent act, omission of the CONSULTANT. Neither party to
this Agreement shall be liable to any third party claiming directly or through the other
respective party,for any special, incidental, indirect or consequential damages of any kind,
including but not limited to lost profits or use that my result from this Agreement or out of
the services or goods furnished hereunder.
ARTICLE 10 - INSURANCE
10.1 During the performance of the services under this Contract, CONSULTANT shall maintain
the following insurance policies, and provide originals or certified copies of all policies, and
shall be written by an insurance company authorized to do business in Florida.
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10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and
maintain for the life of this Contract, Worker's Compensation Insurance covering
111 all employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer's Liability with limits meeting all applicable state
and federal laws. This coverage must extend to any sub-CONSULTANT that does
not have their own Worker's Compensation and Employer's Liability Insurance.
The policy must contain a waiver of subrogation in favor of the CITY of Boynton
Beach, executed by the insurance company.
10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain
for the life of this Contract, Comprehensive General Liability Insurance. This
coverage shall be on an"Occurrence" basis. Coverage shall include Premises and
Operations; Independent consultants, Products Completed Operations and
Contractual Liability with specific reference of Article 7, "Indemnification" of this
Agreement. This policy shall provide coverage for death, personal injury or
property damage that could arise directly or indirectly from the performance of this
Agreement. CONSULTANT shall maintain 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. The general liability insurance shall
include the CITY as an additional insured and shall include a provision prohibiting
cancellation of the policy upon thirty (30) days prior written notice to the CITY.
10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for
the life of this Contract, Business Automobile Liability Insurance. The
CONSULTANT shall maintain a minimum amount of$1,000,000 combined single
limit for bodily injury and property damage liability to protect the CONSULTANT
II from claims for damage for bodily and personal injury, including death, as well as
from claims for property damage, which may arise from the ownership, use of
maintenance of owned and non-owned automobile, included rented automobiles,
whether such operations be by the CONSULTANT or by anyone directly or
indirectly employed by the CONSULTANT.
10.1.4 Professional Liability(Errors and Omissions) Insurance: The CONSULTANT shall
procure and maintain for the life of this Contract in the minimum amount of
$1,000,000 per occurrence.
10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub-consultants
comply with the same insurance requirements referenced above.
10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the
CONSULTANT of additional liability insurance coverage or coverage which is different in
kind, the CITY reserves the right to require the provision by CONSULTANT of an amount
of coverage different from the amounts or kind previously required and shall afford written
notice of such change in requirements thirty (30) days prior to the date on which the
requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the
requirement of changed coverage within the thirty (30) days following the CITY's written
notice, the CITY, at its sole option, may terminate the Contract upon written notice to the
CONSULTANT, said termination taking effect on the date that the required change in
policy coverage would otherwise take effect.
10.4 CONSULTANT shall, for a period of two (2) years following the termination of the
Agreement, maintain a "tail coverage" in an amount equal to that described above for
Comprehensive Liability Insurance on a claims-made policy only
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ARTICLE 11 - INDEPENDENT CONSULTANT
11.1 CONSULTANT is an independent CONSULTANT 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
CONSULTANT nor any employee of CONSULTANT 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 CONSULTANT, or any employee of
CONSULTANT.
ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES
12.1 The CONSULTANT warrants that he has not employed or retained any company or
person, other than a bonafide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and that he has not paid or agreed to pay any company or
person, other than a bonafide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this Agreement. For breach or violation of this
warranty, the CITY shall have the right to annul this Agreement 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.
ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE
13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement is accurate, complete, and current as of the
date of the Agreement and no higher than those charged the CONSULTANT's most
favored customer for the same or substantially similar service.
13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or non-
current wage rates or due to inaccurate representations of fees paid to outside
CONSULTANTs. The CITY shall exercise its rights under this "Certificate" within one (1)
year following payment.
ARTICLE 14 - DISCRIMINATION PROHIBITED
14.1 The CONSULTANT, 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.
I ARTICLE 15 - ASSIGNMENT
15.1 The CONSULTANT shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the CITY.
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ARTICLE 16 - NON-WAIVER
16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party's rights with respect to any other
or further breach. The making or acceptance of a payment by either party with knowledge
of the existence of a default or breach shall not operate or be construed to operate as a
waiver of any subsequent default or breach.
ARTICLE 17—TERMINATION
17.1 Termination for Convenience: This Agreement may be terminated by the CITY for
convenience, upon ten (10) days of written notice by the terminating party to the other
party for such termination in which event the CONSULTANT shall be paid its
compensation for services performed to termination date, including services reasonably
related to termination. In the event that the CONSULTANT abandons the Agreement or
causes it to be terminated, CONSULTANT shall indemnify the CITY against loss
pertaining to this termination.
ARTICLE 18 - DISPUTES
18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated
within the courts of Florida. Further, this Agreement shall be construed under Florida Law.
ARTICLE 19 — UNCONTROLLABLE FORCES
I 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement
if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention or
delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the non-performing party. It includes, but is not limited
to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage, and governmental actions.
19.2 Neither party shall, however, be excused from performance if non-performance is due to
forces which are preventable, removable, or remediable, and which the non-performing
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 20 - NOTICES
Notices to the CITY of Boynton Beach shall be sent to the following address:
City of Boynton Beach
Attn: Lori LaVerriere, City Manager
100 E. Ocean Avenue
Boynton Beach, FL 33435
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Notices to CONSULTANT shall be sent to the following address:
C.A.P. Government, Inc.
343 Almeria Avenue
Coral Gables, FL 33134
Attn: Carlos A. Penin, PE
Tel: 350-448-1711
Fax: 305-448-1712
Email: cap@capfla.com
ARTICLE 21 - INTEGRATED AGREEMENT
21.1 This Agreement, together with the RFP/RFP and any addenda and/or attachments,
represents the entire and integrated agreement between the CITY and the CONSULTANT
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
CONSULTANT.
ARTICLE 22 - SOVEREIGN IMMUNITY
22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity.
Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or
modify the immunities and limitations on liability provided for in Section 768.28, Florida
Statute, as may be emended from time to time, or any successor statute thereof. To the
contrary, all terms and provisions contained in the Agreement, or any disagreement or
dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation
from liability provided to any successor statute thereof. To the contrary, all terms and
provision contained in the Agreement, or any disagreement or dispute concerning it, shall
be construed or resolved so as to insure CITY of the limitation from liability provided to the
State's subdivisions by state law.
22.2 In connection with any litigation or other proceeding arising out of the Agreement, each
party shall be entitled to recover its own costs and attorney fees through and including any
appeals and any post-judgment proceedings. CITY's liability for costs and attorney's fees,
however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend
CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as
amended.
1. Claims, disputes or other matters in question between the parties to this Agreement
arising out of or relating to this Agreement shall be in a court of law. The CITY does
not consent to mediation or arbitration for any matter connected to this Agreement.
2. The parties agree that any action arising out of this Agreement shall take place in Palm
Beach County, Florida.
ARTICLE 23—PUBLIC RECORDS
I 23.1 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.
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The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT
shall comply with Florida's Public Records Law. Specifically, the CONSULTANT 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,
CONSULTANT shall maintain in a secured manner all copies of such confidential and
exempt records remaining in its possession once the CONSULTANT transfers the
records in its possession to the CITY; and
D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to
the CITY, all public records in CONSULTANT'S possession. All records stored
electronically by CONSULTANT 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 CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
TELEPHONE: 561-742-6061
GIBSONC@BBFL.US
ARTICLE 24— SCRUTINIZED COMPANIES 287.135 and 215.473
24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott
of Israel. Proposer further certifies that Proposer 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 CONSULTANT 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
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shall be deemed a material breach of contract. The CITY shall provide notice, in writing,
to CONSULTANT of the CITY's determination concerning the false certification.
CONSULTANT 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,
CONSULTANT 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
CONSULTANT 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.
ARTICLE 25— E-VERIFY
Contractor certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statues, as may be amended from time to time and briefly described
herein below.
1) Definitions for this Section:
"Contractor" means a person or entity that has entered or is attempting to enter into a
contract with a public employer to provide labor, supplies, or services to such employer in
exchange for salary,wages, or other remuneration. "Contractor" includes, but is not limited
to, a vendor or consultant.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or
for a contractor or another subcontractor in exchange for salary, wages, or other
remuneration.
"E-Verify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to electronically
verify the employment eligibility of newly hired employees.
2) Registration Requirement; Termination:
Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors,
shall register with and use the E-verify system in order to verify the work authorization
status of all newly hired employees. Contractor shall register for and utilize the U.S.
Department of Homeland Security's E-Verify System to verify the employment eligibility
of:
a) All persons employed by a Contractor to perform employment duties within Florida
during the term of the contract; and
b) All persons (including subvendors/subconsultants/subcontractors) assigned by
Contractor to perform work pursuant to the contract with the City of Boynton Beach. The
Contractor acknowledges and agrees that registration and use of the U.S. Department of
Homeland Security's E-Verify System during the term of the contract is a condition of the
contract with the City of Boynton Beach; and
c) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes, but is not limited to
registration and utilization of the E-Verify System to verify the work authorization status of
all newly hired employees. Contractor shall also require all subcontractors to provide an
affidavit attesting that the subcontractor does not employ, contract with, or subcontract
with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the
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duration of the contract. Failure to comply will lead to termination of this Contract, or if a
subcontractor knowingly violates the statute, the subcontract must be terminated
immediately. Any challenge to termination under this provision must be filed in the Circuit
Court no later than twenty (20)calendar days after the date of termination. Termination of
this Contract under this Section is not a breach of contract and may not be considered as
such. If this contract is terminated for a violation of the statute by the Contractor, the
Contractor may not be awarded a public contract for a period of one(1) year after the date
of termination.
This Agreement will take effect on February 17, 2021 or once signed by both parties. This Agreement
may be signed by the parties in counterparts which together shall constitute one and the same
agreement among the parties. A facsimile signature shall constitute an original signature for all
purposes."
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and
year set forth below their respective signatures.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
copies, each of which shall be considered an original on the following dates:
DATED this Jo day of l-c-.3. �;Lnn. . , 20 .
CITY OF BOYNTON BEACH
l9 �tJ"
ity anager C.A.P. Government, Inc.
Attest/Authenticated:
_ yes Ccie
o�]�n 1 E3 O'( •
(Corporate Seal)
City Clerk'ep • y
Approve• =s to om: Attest/Aut•-• -•• _
Arr
riffice cf t e City Attorney itness
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