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R05-139 1 , 1 2 3 RESOLUTION NO. R05-/3 if 4 5 A RESOLUTION OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, APPROVING THE AWARD OF 7 RFP #020-1210-05/CJD TO EARTH TECH 8 CONSULTING, INC., FOR REAL ESTATE 9 ADMINISTRATOR ON AN AS NEEDED BASIS BY 10 T AKS ORDER; AUTHORIZING THE CITY 11 MANAGER TO EXECUTE AN AGREEMENT 12 BETWEEN THE PARTIES; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS, on February 3, 2005, Procurement Services opened and tabulated 17 four (4) proposals to the RFP "Real Estate Administrator"; and 18 WHEREAS, after review and evaluation it has been determined appropriate by 19 staff to recommend award on an as needed basis by task order, this RFP to Earth Tech 20 Consulting, Inc., of Miami, Florida whose RFP was overall responsive and responsible 21 proposer; and 22 WHEREAS, upon recommendation of staff, the City Commission of the City of 23 Boynton Beach does hereby approve the award of RFP No.020-1210-0S/CJD to Earth 24 Tech Consulting, Inc. of Miami, Florida. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "\Vhereas" clauses are hereby ratified and confirmed 28 as being true and correct and are hereby made a specific part of this Resolution upon 29 adoption hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida, 31 hereby approves the award of RFP No. 020-1210-0S/CJD to Earth Tech Consulting, Inc., S:\CA\RESO\Agreements\Bid Awards\Award of RFP - Real Estate Admin.doc II 1 I of Miami, Florida, for Real Estate Administrator on an as needed basis by task order. 2 Section 3. That the City Manager is hereby directed to execute a contract ( 3 copy of which is attached hereto) for Real Estate Administrator between the City of 4 Boynton Beach and Earth Tech Consulting, Inc., of Miami, Florida, to be hired on an as 5 needed basis by task order. 6 Section 4. That this Resolution shall become effective immediately. 7 PASSED AND ADOPTED this (-..h; day of September, 2005. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~: /~~Et~T:1/~ I /) ,: /(/-+- 27.?:t:!<- 'tit ( ~ k>_c A:Jli(;; 28 .~ A':lty Clerk ,/ / 29 30 (Corporate Seal) 31 32 33 34 CITY OF BOYNTON BEACH, FLORIDA (:, J&~ S:\CA\RESO\Agreements\Bid Awards\Award of RFP - Real Estate Admin.doc R 05- /..31 CONSULTANT AGREEMENT FOR REAL ESTATE ADMINISTRATOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and EARTH TEC CONSULTING, INC., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform CONSULTANT services m connection with the project designated REAL ESTATE ADMINISTRATOR. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement on an "As Needed Basis." 4. PAYMENT. The Consultant 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 Consultant shall be made as provided on Exhibit "B" attached hereto. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertammg 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 final payments. Copies shall be made available upon request. CA-I S. OWNERSHIP AND USE OF DOCUMENTS. 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 City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. 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. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$l,OOO,OOO. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (lS) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither 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. 10. COVENANT AGAINST CONTINGENT FEES. 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 contract, 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 contract. CA-2 For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. 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. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. l4. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. lS. DISPUTES. 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. l6. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Consultant shall be sent to the following address: CA-3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, 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. DA TED this ~ day of /}n r\-#;. AfM I. "Jo ./ rr-'.~-- ,20~. CITY OF BOYNTON BEACH ~ City Manager Consultant Attest/Authenticated: Title (Corporate Seal) Approved as to Form: Attest! Authenticated: Secretary Rev. 1/22!91 CA-4 EXHIBIT" A" Scope of Services SCOPE OF SERVICES The following indicates the major objectives of the project. The firm should submit a cost breakdown for completing and implementing the tasks listed below. SOLICITATION. The City of Boynton Beach and Boynton Beach (Client) is soliciting submittal of credentials from qualified firms interested in providing real estate land acquisition, relocation and property management consultant services. The Acquisition Consultant (Consultant) will be engaged as a representative and staff extension of the Client to provide real property acquisition, property management, and related services as a result of activities under task assignments. This is an "As Needed" contract. REQUIRED EXPERIENCE OF THE ACQUISITION CONSULTANT. To be considered, the Acquisition Consultant firm must have no less than 10 years experience in public sector real property acquisition projects. The Consultant must demonstrate having previous experience, and understanding of work in governmentally funded land acquisition projects, and knowledge of and experience working on projects governed by the Florida Community Redevelopment Act FS 163. within the State of Florida. The firm shall demonstrate successful experience as an acquisition services provider in projects with large numbers of parcels to be acquired. To be qualified, the Consultant firm must: 1. Demonstrate that it is capable of providing all acquisition, relocation, property management and oversight services necessary to acquire the real property on an "as needed" basis. These activities shall be performed in accordance with CLIENT procedures and policies and applicable statutes, Florida Administrative Code (F.A.C.) Rules, and FDOT Right of Way Procedures Manual. 2 Demonstrate experience in performing relocation advisory services and assistance to households in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA). 3. Demonstrate that the Acquisition Consultant has an organization with in-depth experience in community development projects in an urban environment functioning as an agent and representative of the CLIENT. 4. Demonstrate that the consultant's organization currently has sufficient available qualified persons as necessary to effectively carry out its responsibilities. The Consultant must demonstrate resources, capabilities and experience in providing guidance, direction and administration for implementation of the CLIENT Acquisition plan. The Consultant's "Project Manager" must have personal experience in managing and directing an Acquisition project on behalf of a public or private agency, and familiarity with the Client's Acquisition Plan. The Project Manager must have been employed by the Consultant for a period of no less than two years from the date of the response CA-5 to this solicitation. S. Demonstrate familiarity and experience in preparing acquisition plans and acquisition policies, rules and regulations covering relocation and acquisition procedures. 6 Demonstrated experience in real estate acquisition services for public agencies, and Community Redevelopment Agencies. Experience working projects funded by the U.S. Department ofHUD is preferable. 7. Demonstrated experience working with acquisitions under "willing seller" procedures. 8. Demonstrate experience in reviewing real estate appraisals. Consultant will study the approved appraisal report for an understanding ofthe Client's opinion of market value. 9. Demonstrated experience in reviewing title work including the last deed, and any other source material available to develop an understanding of the condition of title. The Consultant must provide a Closing Facilitator, and attend closings. 10.Demonstrated experience in maintaining compliance to record keeping and reporting procedures. Parcel information, data and other records will be kept on computer disks with back up. 11.Demonstrate property management experience in projects where acquired properties were leased back to sellers and the consultant collected rent for the acquiring agency and maintained the properties while occupied 12.Demonstrate experience in coordinating property management where Consultant, preparing demolition bids, routinely inspect, secured and boarded up all vacant properties until clearing. Consultant must demonstrate experience reviewing environmental studies and asbestos surveys. The Consultant must have staff certified in the State of Florida to review asbestos surveys. 13 Consultant shall provide title and closing services, and demonstrate experience and capabilities in facilitating closing in projects where title issues and problems require title- clearing solutions. 14.Demonstrate that the Consultant can assist the CLIENT in its procurement and administration of environmental consultant and/or contractor to conduct environmental assessment and cleanup activities required to address any and all environmental issues such as abandoned hazardous materials, soil and groundwater contamination located within the CLIENT project limits. 16. Demonstrate experience providing Acquisition services of residential and business properties of similar scope and complexity, having acquired a minimum of forty to fifty parcels in one project. The firm and its named personnel shall demonstrate cross-trained experience in acquisition and relocation under policies and procedures of the Uniform Relocation Act. The Consultant should have assignment to the project Bi-lingual and multicultural staff. CA-6 I~OCAL FAMILARlTY. Prior experience working in Boynton Beach and knowledge of the real :.:state market in Palm Beach County is desirable. Firm must demonstrate the ability to begin operations immediately upon Notice to Proceed. LICENSE AND PROFESSIONAL REQUIREMENTS. The Acquisition Consultant should be a member of the board of Realtors or a Participating broker, and must have access to Multilisting real property data services. The Real Estate Acquisition Consultant must be registered under the laws of Florida to perform real estate services required for this project. Proof of having a current Florida Real Estate Brokers license under laws of Florida Statute 475 must accompany this RFP. The Consultant firm shall be registered in good standing with the Florida Real Estate Commission. 1. The Consultant must be administratively and technically prequalified to perform Right of Way Services by the Florida Department of Transportation, (FDOT) in Major Work Groups 20.1 (Appraisal), 21.0 (Acquisition, Negotiations, Closing and Order of Taking), 24.0 (Relocation Assistance), and 25.0 (Property Management, Clearing and Leasing), which includes Environmental Compliance. 2. The Acquisition Consultant Project Manager who will be responsible for the project must have ten years experience in real estate acquisition or Right of Way experience in publicly sponsored and funded acquisition projects, and must have a current Florida real estate license. CA-7 ~_.-~~-~~ . . . . . . . . . . . . . .. . . . . . . . . . . . . . , .. It . , . It . . t . It . . . EXHIBIT "B" . CITY OF BOYNTON BEACH Position Project Manager Appraiser Associate Appraiser Acquisition Project Manager Acquisition Agent Relocation Project Manager Relocation Agent Property Management Agent Administrative Assistant Hourly Rate (loaded) $ 126.88 $ 150.00 $ 115.00 $ 100.00 $ 90.17 $ 98.94 $ 72.13 $ 59.49 $ 48.85 An escalation factor of three percent (3%) would be applied annually beginning one year from the execution date of the contract. UNIT RATES As mentioned above, unit rates would be formulated based on the hourly rates set forth above. The degree of difficulty would be considered in establishing a unit price, e.g., for acquisition, vacant properties are typically less costly than improved properties and for relocation, the unit rate for a personal property only move would be less than that for a residential or business move. Another consideration when establishing unit rates would be time frames for performance. For example, if there are only a few parcels to be acquired on a project and they must be acquired within a relatively short time period, the situation may allow for a lower unit rate to be established. SUB-CONSULTANTS Our primary sub-consultant is Advanced Asset~ Management, Inc., as James Nardi would be serving as Acquisition Proje,ct Manager. His hourly rates are included in the chart above and would be considered when establishing unit rates. We also have Adrian Gonzalez and Associates, P .A. available for any appraisal or appraisal review work that may be necessary. The scope did not require any appraisal work yet did require pre-qualification by FOOT for Work Group 20.0 (Appraisal Services). Mr. Gonzalez's rates are also included in the chart above. Additional sub-consultants available for use under this contract are Paramount Title Services, Inc. and Universal land Title, Inc. Their rates would not be hourly but would be unit rates; title report prices vary depending on how extensively the title must be researched, Le., whether a search of the records for @ EarthTech .!l. T......n I"t""rn:>ttf'ln!:ll I trl rnm..,m, . BOYNTON BEACH the last thirty (30) years per the Marketable Title Record Act (MTRA) would be sufficient or if a more in-depth search is required. Sub-Consultant Paramount Title Services, Inc. Product Ownership and encumbrance report Title report (going back before MTRA) Title updates Universal Land Title, Inc. Ownership and encumbrance report (includes two updates) Conduct closing Unit Rate $ 200 $ 400 $ 25 $ 175 $ 1 00 - $ 150 As mentioned in Section 3 of this proposal, Paramount Title Services has extensive experience in preparing title reports for acquisition projects while Universal Land Title, Inc. is a respected name in the business and is local to Boynton Beach, enabling dollars to be channeled back into the community. Ie . .. .. .. .. .. we .. .. .. . .. .. . . . .. @) EarthTech. A Tyeo Inte,naliona! ltd. Company ...- CITY CLERK'S OFFICE MEMORANDUM TO: Kurt Bressner City Manager FROM: Janet M. Prainito City Clerk DATE: September 21, 2005 RE: Contracts and Agreements Approved by City Commission on 09/06/05 Attached are contracts and agreements that were approved by the City Commission at their regular meeting held on September 6, 2005. Please review, sign and return to me for further processing. Thank you. NO. OF RESOLUTION # DOCUMENTS DESCRIPTION R05-139 1 Consultant Agreement for REAL ESTATE ADMINISTRATOR ~'tn. ~ A chments S:\CC\WP\AFrER COMMISSION\City Manager Transmittals\200S\09-06-0S - #3.doc CITY CLERK'S OFFICE MEMORANDUM TO: Carol Doppler Senior Buyer FROM: Janet M. Prainito City Clerk DATE: September 26, 2005 RE: R05-139 - Consultant Agreement for Real Estate Administrator Attached for your information and processing is one (1) original contract that was approved by the City Commission at their regular meeting on September 20, 2005. Please secure the necessary signatures. Once the document has been fully executed, please return the original to this office for our Central Files. Thank you. ~'m..~Jc Attachments c: Central File (wjattachment) S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2005\Carol Doppler - Transmittal of Real Estate Administrator.doc