BUILDING INSPECTIONS, REPORTING, AND CONSTRUCTION MANAGEMENT SERVICES CONTRACTBUILDING INSPECTIONS, REPORTING, AND CONSTRUCTION
MANAGEMENT SERVICES CONTRACT
THIS BUILDING INSPECTIONS, REPORTING, CONSTRUCTION
MANAGEMENT SERVICES CONTRACT is entered into this 1/ day of June, 2025 (this
"Contract"), by and between the City of Clearwater, Florida, a Florida municipal corporation (the "City")
whose address is P.O. Box 4748, Clearwater, FL 33758 and NOVA Engineering and Environmental, LLC,
a Georgia Corporation (the "Vendor") whose address is 3900 Kennesaw 75 Parkway, Suite 100, Kennesaw,
GA 30144 (the City and the Vendor are each referred to individually herein as a "Party" or collectively as
the "Parties").
RECITALS
WHEREAS, the City solicited proposals on March 5, 2025, under Request for Proposal 18-25, for
Building Inspections, Reporting, and Construction Management Services for residential (single-family and
multi -family) and commercial building inspections as well as 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 in accordance with Vendor's proposal; and
WHEREAS, this Contract shall be subject to terms and conditions of the Request for Proposal 18-
25 Building Inspections, Reporting, and Construction Management Services and the Vendor's proposal.
WITNESSETH:
NOW THEREFORE, in consideration of the promises stated herein, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties mutually
agree as follows:
1. SCOPE OF PROJECT.
The "Contract Documents" shall consist of Request for Proposal 18-25 Building Inspections, Reporting,
and Construction Management Services, issued by the City on March 5, 2025; Vendor's Proposal; this
Contract; and all attachments to 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 (the "Project"). 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, provisions, or stipulations as contained herein,
the City, may, at its option, avail itself of any and all remedies provided by law or at equity and shall have
the right to proceed to complete such work as the Vendor is obligated to perform.
Page 1 of 10
2. TIME OF PERFORMANCE.
Time is of the essence as to the performance of the Parties' obligations under this Contract. This Contract
shall commence on June 2, 2025 and remain in effect for one (1) year (the "Initial Term"). The Parties may
renew this Contract for three (3) one (1) -year periods (each a "Renewal Period") if agreed to in a writing
executed by the Parties at least thirty (30) days prior to the end of the Initial Term or expiring Renewal
Period.
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 RFP 18-25
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 the Parties, which shall be effective when incorporated in written amendment to this Contract
executed by the Parties.
Compensation provided under this Contract shall not exceed Ninety -Nine Thousand Four Hundred Fifty
Dollars and 00/100 Cents ($99,450.00,) for the Initial Term. Price increases may be considered if the
Vendor provides the price adjustments sixty (60) days prior to the renewal anniversary pursuant to Section
7.4 "Milestones" of Request for Proposal 18-25.
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 invoices after approval in compliance with the Local Government 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 under the provisions of this Contract shall be conclusively
deemed to have been received by a Party 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.
If to the Vendor:
Attn: Bob Hughes, Principal
NOVA Engineering and Environmental, LLC
4524 Oak Fair Boulevard, Suite 200
Tampa, FL, 33610
If to the City:
Attn: Economic Development & Housing Director
City of Clearwater Economic Development & Housing Department
Page 2 of 10
P.O. Box 4748
Clearwater, FL 33758
6. TERMINATION OF CONTRACT.
If the 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 the 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 Request for Proposal 18-25 Building Inspections, Reporting, and
Construction Management Services 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 the City or its
representatives all property and materials in the 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.
The Vendor agrees to comply with all applicable federal, state, and local laws during the life of this
Contract. In addition, the Vendor agrees to comply with Florida public records laws, where applicable.
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, THE VENDOR SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT: (727) 444-7151, ROSEMARIE.CALL@MYCLEARWATER.COM, 600 CLEVELAND
STREET, SUITE 600 CLEARWATER, FL 33755.
The Vendor's agreement to comply with public records law applies specifically to:
a. Keep and maintain public records required by the City (hereinafter "public agency") to perform the
services being provided by the Vendor.
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.
Page 3 of 10
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 this Contract if the Vendor does not transfer the records
to the public agency.
d. 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 Vendor of the request and the Vendor must provide
the records to the public agency or allow the records to be inspected or copied within a reasonable
time.
e. The Vendor hereby acknowledges and agrees that if the Vendor does not comply with the public
agency's request for records, the public agency shall enforce the contract provisions in accordance
with this Contract.
f. A vendor 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.
Upon completion of this Contract, transfer, at no cost, to the public agency all public records in
possession of the Vendor or keep and maintain public records required by the public agency to
perform the service. If the Vendor transfers all public records to the public agency upon completion
of this Contract, the Vendor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Vendor keeps and
maintains public records upon completion of this Contract, the Vendor 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.
h. If a civil action is filed against the Vendor to compel production of public records relating to a
public agency's contract for services, the court shall assess and award against the Vendor the
reasonable costs of enforcement, including reasonable attorney fees, if:
g.
i. The court determines that the Vendor unlawfully refused to comply with the public
records request within a reasonable time; and
ii. At least five (5) business days before filing the action, the plaintiff provided
written notice of the public records request, including a statement that the Vendor has not complied
with the request, to the public agency and to the Vendor.
A notice complies with subparagraph (h)(ii.) if it is sent to the public agency's custodian of public
records and to the Vendor at the Vendor's address listed in this Contract or to the Vendor'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 vendor who complies with a public records request within five (5) business days after the notice
Page 4 of 10
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.
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.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Page 5 of 10
Approved as to form:
Matthew J. Mytych, Esq.
Assistant City Attorney
(CITY SIGNATURE PAGE)
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Jennifer Poirrier
City Manager
Date: ttolqb909LS
Attest:
)4-d-t—il4-(at— 00 -k -
Rosemarie Call
City Clerk
Date: 6:3/2-5 Date:
(QigImAS
Page 6 of 10
(VENDOR SIGNATURE PAGE)
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrtun nt was acknowledged
notarization, thisay of
Vtre.-} (P_Stctic,nf of NDVa
produced a driver's license as identification.
NOVA ENGINEERING AND
ENVIRONMENTAL, LLC, a Georgia
corporation.
By:
Print name: DAA)y
Title: U/c4' Re -6-5 Apd�
.!
6,-/z
Date:
before me by means ;!J physical presence or El online
Cii(l2 , 2025 by -n ti 12.0marn , as
who Kis/are personally known to me or ❑ who has/have
(NOTARIAL SEAL)
AgiNotary Public State of Florida
Christina M Brennick
My Commission Ski 371686
Expires 3/912027
Notary Public, State of Florida
Name of Notary: Ch iSfing M t(enni (Jc-
My Commission Expires: 3 / 1 / 202-7
My Commission No.: 3 7 1 fS�
Page 7 of 10
EXHIBIT "A"
CONTRACTOR PRICING SHEET
RFP 18-25 PRICING SHEET: REVISED 05/28/2025 Building Inspections, Reporting and
Construction Management Services
Page 8 of 10
Scope of Work - Tasks
ESTIMATED Annual
Number of each
task type to be
performed
PRICING
PERTASK
(* see note below)
1)
Rehab Pro: ram Cost Pro • • sats
30 each
$400.00 each
1a.
Feasibility Inspection
1 b.
Lead-based paint testing and risk
assessment -pre-1978
20 each
$825.00 each
1c.
Asbestos Testing
20 each
$750.00 each
1 d.
Coordinate with homeowners to prepare and
manage scope of work, cost -estimate
and bid process
10 each
$1,300.00 each
le.
2)
Perform construction draw inspections
DPA Process Cost Proposal
4 per project
30 each
$400.00 each draw
$300.00 each
2a.
Minimum code inspection
2b.
Lead-based paint testing - pre -1978
5 each
$700.00 each
2c.
3)
Re -inspections if needed
New Construction Cost Proposal
3 each
5 per project
7 each
$250.00 each
$400.00 each draw
$1,200.00 each
3a.
4)
Perform construction inspections
Public Facilities Cost Proposal
4a.
Coordinate with public facility
representative to prepare scope of work
4b.
Coordinate with public facility
representativeto manage bid process per
scope of work
7 each
$65.00** per hour
4c.
Perform construction draw inspections
4 per project
$400.00 each
4d.
Asbestos Testing
7 each
$700.00 each
(+$11.00 per sample)
4e.
Lead-based paint testing
4 each
$700.00 each
4f.
5)
Miscellaneous Professional Services
Other Tasks
50 hours
$85.00/hour
$85.00 per hour
5a.
Documenting compliance with Davis -
Bacon requirements
5b.
Documenting contractors and
subcontractors
10 hours
$65.00 per hour
5c.
Coordinate with contractor andproperty owner
to prepare change order for City
approval
50 hours
$65.00 per hour
Page 8 of 10
5 each I $300.00 each
ESTIMATED ANNUAL COST $99,450.00**
*NOTE:"each"price isto beall-inclusive forstaff hours (including subcontractors if applica ble), travel, fuel,
general equipment usage and general communications regarding projects. All miscellaneous fees should be
submitted underTab4 of proposal with pricing sheet. Fees not listed will not be allowed or approved by the
City for reimbursement.
** Per hour listed, not per each as shown on "Number of Tasks" column (Task 4b). Annual Cost is an
estimate only.
Vendor Name: NOVA Engineering& Environmental, LLC Date: 05/28/2025
Page 9 of 10
EXHIBIT "B"
NO COERCION FOR LABOR OR SERVICES ATTESTATION
Pursuant to Section 787.06(13), F.S., this form must be completed by an officer or representative
of a nongovernmental entity when a contract is executed, renewed, or extended between the
nongovernmental entity and a governmental entity.
Avovy E.....v.vg,oduAerdoes not use coercion for labor or services as defined in Section 787.06,
F.S.
Under penalty of perjury, I declar a I have read the foregoing statement and that the facts stated
in it are true and corr
Signature:
Printed Name: Z,14/y .411,;:
Title: Y/ 7/2-gs1DFAv'f"
Date: 64/a 5—
Page 10 of 10