BUILDING, INSPECTIONS, REPORTING AND CONSTRUCTION MANAGEMENT SERVICES CONTRACTBUILDING INSPECTIONS, REPORTING AND CONSTRUCTION MANAGEMENT
SERVICES CONTRACT
THIS CONTRACT, entered into this ,& day of November, 2018, 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 ROCK SOLID HOME
INSPECTIONS TAMPA, LLC, a Florida limited liability company, hereinafter referred to as
"Vendor," whose address is: 7781 Starkey Road, Seminole, Florida 33777, (referred to
individually herein as "Party" or collectively as the "Parties").
WHEREAS, the City of Clearwater solicited Bids on September 6, 2018 for Building
Inspections, Reporting, and Construction Management Services for residential (single-family
and multi -family) and commercial building inspections, and construction management services;
and
WHEREAS, the Vendor submitted a bid 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; and
WHEREAS, contract shall be subject to terms and conditions of the Invitation to Bid #34-
18, Building Inspections, Reporting and Construction Management Services and the Vendor's
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 that certain Invitation to Bid #34-18, Building
Inspections, Reporting and Construction Management Services, issued by the City on September
6, 2018; Vendor's Proposal; this Contract; and all attachments the above referenced documents
(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
the City. Should the Vendor fail to perform or comply with any of the terms, conditions,
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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 November 5 , 2018 and terminate on September 30, 2019
(the "Initial Term"). The Parties may renew for three (3), one (1) year periods ("Renewal
Period") if agreed to in a writing executed by both Parties no later than thirty (30) days prior to
the end of the Initial Term or expiring Renewal Period, if applicable.
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
ITB 34-18 Pricing Sheet, 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 Thirty Thousand and 00/100 Dollars
($30,000.00). Price increases may be considered pursuant to Paragraph 4 under the
"Milestones" section of ITB 34-18.
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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Rock Solid Home Inspections Tampa, LLC City of Clearwater
Lennie Swearingen Charles H. Lane, Jr.
Principal Assistant Director, Economic Development
& Housing
7781 Starkey Road P.O. Box 4748
Seminole FL 33777 Clearwater, Florida 33758
(Office) 727-408-1088 (Office) 727-562-4023
Email: rocksolidtampabav@vahoo.com Email: Charles.lane@mvclearwater.com
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 7 of the Detailed
Specifications of the Invitation to Bid 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.
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10. CONFORMANCE WITH LAWS.
The Vendor agrees to comply with all applicable federal, state and local laws during the life of
this Contract.
In addition to all other contract requirements as provided by law, the contractor executing this
agreement agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 112 S.
Osceola Ave., Clearwater, FL 33756.
The contractor's agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter "public
agency") to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency's custodian of public records, provide the public
agency 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 for in
Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise
provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the public agency.
d) Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the contractor or keep and maintain public records required by
the public agency to perform the service. If the contractor transfers all public records to
the public agency upon completion of the contract, the contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon
completion of the contract, the contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
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e) A request to inspect or copy public records relating to a public agency's contract for
services must be made directly to the public agency. If the public agency does not
possess the requested records, the public agency shall immediately notify the contractor
of the request and the contractor must provide the records to the public agency or allow
the records to be inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply
with the public agency's request for records, the public agency shall enforce the contract
provisions in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a
reasonable time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records
relating to a public agency's contract for services, the court shall assess and award
against the contractor the reasonable costs of enforcement, including reasonable
attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with
the public records request within a reasonable time; and
2. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the contractor
has not complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of
public records and to the contractor at the contractor's address listed on its contract
with the public agency or to the contractor's registered agent. Such notices must be sent
by common carrier delivery service or by registered, Global Express Guaranteed, or
certified mail, with postage or shipping paid by the sender and with evidence of delivery,
which may be in an electronic format.
j) A contractor who complies with a public records request within 8 business days after the
notice is sent is not liable for the reasonable costs of enforcement.
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.
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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.
The Remainder of this Page Intentionally Left Blank
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IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth
above.
Countersigned:
George N. Cretekos
CITY OF CLEARWATER, FLORIDA
By: IICJEc.�
William B. Horne II
Mayor City Manager
Approved as to form: Attest:
41/11,1
Laura Mahony Rosemarie Call
baLiK
Assistant City Attorney City Clerk
Witness:
ROCK SOLID HOME INSPECTIONS TAMPA,
LLC
By:
Print Name: Print Name: Lennie Swearingen
Title: CEO/Owner
EXHIBIT "A"
ITS 34-18 PRICING SHEET
Building Inspections, Reporting, and Construction Management Services
"NOTE:'each` price is to be all -Inclusive for staff hours (including co ractnr if appdicsdey, tr
general egtApment usage and general communications regarding protects.
All miscellaneous fees should be submittal under Tab 4 of proposal with pricing sheet Fees not fated will not be allowed or
approved by the City for reimbursement.
Fees not listed wOl not be allowed or approved by the (qty for rolmbursernent,
Vendor Na
Rook Solid Home Inspec ions Date DB/2712018
Scope of Wort - Tasks
TIMATE' An
Number of each
task type to be
performed
PRICING
PER TASK
(esee nye below)
1)
la.
dab Prolrwatm Cofl r4Posals
Feasibility Inspect ion
30"east
$ SEEATTA E aCh
lb.
Lead-based paint testing and risk
assessment -pre-1978
24 each
20 each
1.,„... _. each
$ 3"1 _ each
lc.
Asbestos testing
i<
Coordinate wiCh homeowners to prepare
and manage scope of work, cost estimate
and bid process
10 each '
$ 75
le.
2)
Perform construction draw Ins a ectior
0 ' ; ....•- u1 is •.•�,- I
4 per pro act
,. �-__. ...
, _
$so rch draw
• :•�. � , � r
2a.
Minimum code Iectiir n
30 each
$ 1s_ ;®r, each
2b.
lead-based paint testing - pre -197$
S each
2c.
$
Re -ins, ctions if needed
mew Carlstlfu dicn Cost
3 each
' '
<J ..
x
.<•
$ 13s each
..�..i trim .�w.0
*
�$
3r1.
4 �
Perform construction inspections
s Facgitle$ oat Prnpt
�, i�
5 per project
175 each draw
..
Y
4a.
Coordinate with public facility
representative to prepare scope of worst
7 each
$ 75
$ 25 per hour
4b,
Coordinate with public facility
representative to manage bid process per
scope of work
7
4c.
Perform construction draw inspections
4 per project
$ 1s° each
1,4
5i
G her Tasks
5a.
Documenting compliance with Davis Bacon
requirements
50 hours
io hours
$ per hour
$2,, 2 per h our
Sia,
Docu mentlrtg contractors and
subcontractors
Sc.
Coordinate with contractor and property
owner to perpare change order for City
approval
5U hours
$25 per hour
5d.
Ba • , round checks on contractors
5 each
$ 1°s eaels
"NOTE:'each` price is to be all -Inclusive for staff hours (including co ractnr if appdicsdey, tr
general egtApment usage and general communications regarding protects.
All miscellaneous fees should be submittal under Tab 4 of proposal with pricing sheet Fees not fated will not be allowed or
approved by the City for reimbursement.
Fees not listed wOl not be allowed or approved by the (qty for rolmbursernent,
Vendor Na
Rook Solid Home Inspec ions Date DB/2712018