BUILDING INSPECTIONS, REPORTING AND CONSTRUCTION MANAGMENT SERVICES CONTRACTBUILDING INSPECTIONS, REPORTING AND CONSTRUCTION MANAGEMENT
SERVICES CONTRACT
THIS CONTRACT, entered into this AC /4) day of March, 2015, by and between the
CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as "City ", whose
address is: 112 S. Osceola Ave, Clearwater, Florida 33756 and NOVA Engineering and
Environmental, LLC, a Delaware Corporation, hereinafter referred to as "Vendor," whose
address is: 1226 Tech Boulevard, Tampa, Florida 33619, (referred to individually herein as
"Party" or collectively as the "Parties ").
WHEREAS, the City of Clearwater solicited proposals on September 25, 2014 for services
including preparing preliminary plans, specifications, and estimates with associated engineering
discipline reports for residential (single - family and multi - family) and commercial building
inspections, and construction management services; and
WHEREAS, the Vendor submitted a proposal and was selected to perform building
inspections, reporting and construction management services including performing feasibility
inspections and cost estimates, preparing and reviewing construction bid documents, organizing
preconstruction conferences, and ongoing inspections for draws /payments as in accordance
with Vendor's proposal, as amended; and
WHEREAS, contract shall be subject to terms and conditions of the Request for
Proposals, Building Inspections, Reporting and Construction Management Services #37 -14 and
the Vendor's original and amended proposal.
NOW THEREFORE, in consideration of the promises stated herein, the City and the
Vendor mutually agree as follows:
1. SCOPE OF PROJECT.
The "Contract Documents" shall consist of the Advertisement for Bids, that certain Request for
Proposals, Building Inspections, Reporting and Construction Management Services #37 -14,
issued by the City on September 14, 2014; Vendor's Proposal, as amended; this Contract;
Instruction to Bidders; General Conditions; Plans; Technical Specifications; and Appendix, as
applicable, and all attachments thereto (which are hereby incorporated by reference and made
a part of this contract as if set forth fully herein).
The Vendor, in consideration of the sums of money as hereinafter set forth to be paid by the
City to the Vendor, shall and will at its own expense, perform all labor and furnish all necessary
materials to provide the services described in the Contract Documents. All of said work shall be
performed and completed by Vendor in a good and workmanlike manner to the satisfaction of
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the City. Should the Vendor fail to perform or comply with any of the terms, conditions,
provisions or stipulations as contained herein, the City, may, at its option, avail itself of any and
all remedies provided by law and shall have the right to proceed to complete such work as
Vendor is obligated to perform.
2. TIME OF PERFORMANCE.
Time is off the essence as to the performance of the parties' obligations under this Agreement. %���.�} --
This Contract shall commence on March ay 44" , 2015 and terminate on February 28, 201,E 7 X)
(the "Initial Term "). The Parties may renew for one (1), two (2) year period ( "Renewal Period ")
if agreed to in a writing executed by both Parties at least ninety (90) days prior to the end of the
Initial Term.
3. COMPENSATION.
The City will pay the Vendor all reasonable and necessary direct expenses as pre- approved by
City in writing, on a task by task basis, in addition to personnel fees in accordance with Vendor's
Personnel Sheet and corresponding Engineering, Environmental and Facilities Schedule of Fees,
attached hereto and incorporated herein as Exhibit "A ". The City or Vendor may, from time to
time, require changes in the scope of the project to be performed hereunder which are
mutually agreed upon by and between City and Vendor, which shall be effective when
incorporated in written amendment to this Contract executed by both Parties. Compensation
under this Contract shall not exceed Two - Hundred Thousand Dollars and 00/100 ($200,000.00).
4. METHOD OF PAYMENT.
The Vendor's invoices shall be submitted to the City for approval for payment on a monthly
reimbursement basis. The City agrees to pay after approval under the terms of the Florida
Prompt Payment Act F.S. 218.70.
The City's performance and obligation to pay under this Contract is contingent upon an annual
appropriation for the services in the City's budget.
5. NOTICES AND CHANGES OF ADDRESS.
Any notice required or permitted to be given by the provisions of this Contract shall be
conclusively deemed to have been received by a party hereto on the date it is hand delivered to
such party at the address indicated below (or at such other address as such party shall specify to
the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth
(5th) business day after the day on which such notice is mailed and properly addressed.
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NOVA Engineering and Environmental, LLC City of Clearwater
Bob Hughes Geraldine C. Lopez
Principal Director, Economic Development & Housing
L2.2.1P 7-cry 12`V P.O. Box 4748
04Mp a. U 331a lc) Clearwater, Florida 33758
(Office) 813 - 623 -3100 (Office) 727 -562 -4023
(Fax) 813 - 623 -3545 (Fax) 727 - 562 -4075
6. TERMINATION OF CONTRACT.
If Vendor fails to fulfill any of its obligations hereunder, such failure shall constitute a material
breach and the City may terminate this Contract immediately by giving Vendor written notice of
its election to do so and by specifying the effective date of such termination. The Vendor shall
be paid for its services provided through the effective date of termination.
7. INDEMNIFICATION AND INSURANCE.
The Vendor agrees to comply with all terms, provisions, and requirements of the
indemnification and insurance provisions as set forth in paragraph 6 of the Detailed
Specifications of the Request for Proposals and as otherwise contained in the Contract
Documents.
8. PROPRIETARY MATERIALS.
Upon termination of this Contract, the Vendor shall transfer, assign and make available to City
or its representatives all property and materials in "Vendor's" possession belonging to or paid
for by the City.
9. INTERESTS OF PARTIES.
The Vendor covenants that its officers, employees and shareholders have no interest and shall
not acquire any interest, direct or indirect, which would conflict in any manner or degree with
the performance and /or provision of services required under the terms and conditions of this
Contract.
10. CONFORMANCE WITH LAWS.
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The Vendor agrees to comply with all applicable federal, state and local laws during the life of
this Contract.
The Vendor will be required to comply with Section 119.0701, Florida Statutes (2014),
specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
City of Clearwater in order to perform the service;
(b) Provide the public with access to public records on the same terms and conditions that the
City of Clearwater would provide the records and at a cost that does not exceed the cost
provided in Chapter 119 or as otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law; and
Meet all requirements for retaining public records and transfer, at no cost, to the City of
Clearwater all public records in possession of the contractor upon termination of the contract
and destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be provided to
the City of Clearwater in a format that is compatible with the information technology systems of
the City of Clearwater.
11. ATTORNEY FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then the
parties agree that each party shall bear its own attorney fees and costs.
12. GOVERNING LAW AND VENUE.
The laws of the State of Florida shall govern this Contract, and any action brought by either
party shall lie in Pinellas County, Florida.
13. Non - Waiver.
A delay in exercising, or failure to exercise, any right or remedy under this Contract does not
constitute a waiver of such or other rights or remedies and does not operate to prevent the
exercise or enforcement of any such right or remedy. No single or partial exercise of any right or
remedy under this Contract prevents further exercise of such or other rights or remedies. The
rights, powers and remedies provided in this Contract are cumulative and not exclusive of any
rights and remedies provided by law.
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BUILDING INSPECTIONS, REPORTING AND CONSTRUCTION
MANAGEMENT SERVICES CONTRACT
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth
above.
Countersigned:
4?Arke rtcrt . D5
George N. Cretekos
Mayor
Approved as to form:
Laura Mahony
Assistant City Attorney
Witness:
[G M09- 1510 - 046/163132/1]
5
CITY OF CLEARWATER, FLORIDA
By it) d t uLi., •,,t, i I
William B. Horne II
City Manager
Attest:
iULd —� li a,h �_
Rosemarie Call
City Clerk
NOVA Engineering and Environmental, LLC
Print Name: ,=, bey 4- • kkk-1 k'eS
Title: a(
EXHIBIT A
RFP 37 -14 PERSONNEL SHEET
Building Inspections, Reporting, and Construction Management Services
Scope of Work - Tasks
la. Rehabilitation program
ib. add Lead Paint Inspection to la.
lc. add Asbestos Inspection to la.
Engineer, Project Manager & Building Code Adinistrator
Lead Technician, EPA Lead Risk Assessor & XRF Equipment
Asbestos Technician, Industrial Hygienist & Florida LAC
ld. Down Payment /Closing Cost Assistance program
le. add Lead Paint Inspection to ld.
add Asbestos Inspection to ld.
if.
2a. Rehabilitation program
2b. Down Payment /Closing Cost Assistance Program
2c.
Commercial Projects
3a. Rehabilitation
Engineer, Project Manager & Building Code Adinistrator
Lead Technician, EPA Lead Risk Assessor & XRF Equipment
Asbestos Technician, Industrial Hygienist & Florida LAC
Engineer, Project Manager & Building Code Adinistrator
Engineer, Project Manager & Building Code Adinistrator
Engineer, Project Manager & Building Code Adinistrator
3b. Down Payment /Closing Cost Assistance Program
3c. Commercial Projects
4) Ongoing Inspection for Draw /Payment
Rehabilitation (estimate three (3) visits for "each"
4a. project)
Down Payment /Closing Cost Assistance Program
4b. (estimate one (1) visit for "each" project)
Commercial Projects (estimate two (2) visits for
4c. "each" project)
Engineer, Project Manager & Building Code Adinistrator
Engineer, Project Manager & Building Code Adinistrator
Engineer, Project Manager & Building Code Adinistrator
Engineer, Project Manager & Building Code Adinistrator
Engineer, Project Manager & Building Code Adinistrator
Engineer, Project Manager & Building Code Adinistrator
ENGINEERING, ENVIRONMENTAL AND FACILITIES
SCHEDULE OF FEES
PROFESSIONAL SERVICES
For engineering, environmental, and facilities professional services
analysis, project management, project meetings, report preparation,
Field Engineer/HUD Inspector /Asbestos & Lead Technician
Florida State Certified Building Inspector
Staff Engineer /Geologist /Scientist
Project Engineer /Manager /Geologist/Scientist
Building Code Official/Multi Disciplined Building Inspector
Professional Engineer/PG /CIH/FLAC/EPA Lead Assessor
Principal Engineer /Manager / Geologist/Scientist
Clerical / Drafting Support
Vehicle Trip Charge
Asbestos 400 Point count
Lead Samples
Asbestos PCM
Notes:
including site visits, engineering
consultations etc.
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per mile
Per sample
Per sample
Per sample
$ 60.00
$ 75.00
$ 85.00
$ 90.00
$ 95.00
$ 115.00
$ 135.00
$ 45.00
$ 0.00
$ 40.00
$ 15.00
$ 15.00
• Sub - Contractors, Laboratory analytical, PPE, copies & shipping charges, Supplies and Expenses
shall be invoiced at cost plus 20 %.
• Overtime rates (1.5 times the regular rate) will be applied to hours worked outside normal 7:00
am to 5:00 pm business hours, Saturday, Sunday, and holidays.
• All rates are portal to portal & personnel time expended will be invoiced in 'A hour increments.
Revised January 2015