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HomeMy WebLinkAbout2013 06 10 Consent 205 Building Services Inspection Contracts, RFP 003-03-MS COMMISSION AGENDA Informational Consent X ITEM 205 public Hearings g Regular June 10, 2013 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department, Building Division, is requesting consent from the City Commission to contract with GFA International, Inc., Nova Engineering and Environmental, LLC, and Quorum Services, LLC., for Building Inspections and Plans Review Continuing Services, with services to be performed on an as needed basis, for an initial period of one (1)year with the potential of up to four(4) annual extensions. SYNOPSIS: This agenda item is needed for the City Commission to approve service agreements with GFA International, Inc., Nova Engineering and Environmental LLC, and Quorum Services, LLC., to be retained for the purpose of providing supplemental building inspections and plans review services to the City's Building Department. These services will be provided to the City on an 'as needed' basis in times of employee absences and/or peak demand. In addition to ensuring continued compliance with the Florida Building Code, bringing in contracted personnel as needed will solidify the City's ability to provide superior levels of customer service for clients of the Building Department. On November 23, 2009, under Agenda Item 201, the City Commission approved GFA International, Inc. (RFP 001-10-DA), to provide continuing building inspection services for a time period of up to three years. Their performance under this agreement was favorable, the arrangement worked well for the City, and GFA was renewed for the maximum tenure under the agreement. On April 14, 2013, Building Inspections and Plans Review Contract Services (RFP 003-03- MS) was released to over 800 plan holders and responses were due by May 16, 2013 at 3pm. The Acting Building Official, witnessed by Christina Garred, opened all bids before Consent 205 PAGE 1 OF 3-June 10,2013 the public while in the City Commission's Chambers. The three lowest, most qualified bidders are GFA International, Inc., Nova Engineering and Environmental, LLC., and Quorum Services, LLC. (see Attachment 'B' Bid Tabulation). CONSIDERATIONS: The City's Building Division is responsible for enforcing Federal, State and local Building Codes within the jurisdiction of the City of Winter Springs. Currently, the Building Official and two (2) Part-Time Inspectors handle all issuance and compliance responsibilities required under Florida Law. However, the City's Building Official recently retired and this position is currently under active recruitment along with the position of a full-time Building Inspector. Due to the volume and diversity of permits and plans review cases over the most recent twelve (12) months, the Building Division has routinely supplemented its staffing with contractual services from GFA in order to maintain consistent and high levels of service. Further, since the demand for service has steadily increased over the past eighteen (18) months, utilization of contract inspectors and plans reviewers has been invaluable to the Building Division's service delivery. As part of the City's due diligence in bidding RFP 003-03-MS, staff has evaluated all six (6)proposals received based on the following criteria: o Experience/Project Team (35%) o References (Similar Projects) (15%) o Cost/Value (50%) Based on staff s review, (1) GFA International, Inc., (2) Nova Engineering and Environmental, LLC., and (3) Quorum Services, LLC., ranked highest of six proposers based on the selection criteria shown above. Since the pallet of services provided by the City's Building Division are diverse in nature, time sensitive and require multiple licenses for specific disciplines, staff feels that having three (3) qualified firms on board to choose from would be the most prudent path to success. This will allow staff more flexibility in choosing the service provider best suited for the specific task at hand. The scope of work required under this proposal includes: 1. Residential and Commercial Plans Review 2. Residential and Commercial Building Inspections 3. Building OfficialBuilding Code Administration (Optional) With City Commission approval of the three (3) selected firms shown above, the attached Continuing Services Agreement (Attachment 'A') will be executed for each firm. The work will be performed and billed on an as needed, as requested basis, with the duration of each agreement being for an initial one (1) year term with up to four (4) agreement extensions. FISCAL IMPACT: Funding for services performed pursuant to RFP 003-03-MS will be generated from plans review fees, permit fees and inspections services related to the 420 Fund (an enterprise Consent 205 PAGE 2 OF 3-June 10,2013 fund), on an 'as needed' basis. From October 2012 to May 2013, over $48,000 had been collected and paid (from Line Code 2410-53188) for contract inspections and plans review services of the Building Division. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RFP 003/03/MS was broadcast to more than 800 prospective bidders through Demand Star and the City's Website on April 14, 2013. Proposals were due to the City by May 16, 2013 at 3pm with six (6)bidders responding with a complete proposal. RECOMMENDATION: The Community Development Department, Building Division, is recommending that the City Commission authorize separate continuing services agreements with GFA International, Inc., Nova Engineering and Environmental, LLC, and Quorum Services, LLC., for Building Inspections and Plans Review Continuing Services (RFP 003/03/MS), with services to be performed on an as needed basis, for an initial period of one (1) year with the potential of up to four (4) annual extensions. It is also recommended that the City Commission authorize the City Manager and the City Attorney to prepare and execute any and all applicable documents required for the agreements with GFA International, Inc., Nova Engineering and Environmental, LLC, and Quorum Services, LLC. ATTACHMENTS: A. Continuing Services Agreements (RFP 003/03/MS) 1. GFA International Inc. 2. Nova Engineering and Environmental, LLC. 3. Quorum Services, LLC. B. Bid Tabulation (includes line item bids) Consent 205 PAGE 3 OF 3-June 10,2013 Attachment A (1) CONTINUING SERVICES AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW THIS AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES ("Agreement") is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), located at 1126 East State Road 434, Winter Springs, Florida 32708, and GFA International, Inc., a Florida Corporation, hereinafter referred to as ("Service Provider"), located at: 521 NW Enterprise Drive, Port St. Lucie, FL 34986 WITNESSETH: WHEREAS, City wishes to obtain Continuing Building Inspections and Plans Review Services (RFP 003/03/MS) for a limited time period; and WHEREAS, Service Provider participated in the selection and negotiation process; and WHEREAS, Service Provider is willing to provide such Continuing Building Inspections and Plans Review Services (RFP 003/03/MS), on an as requested basis, for the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 GENERAL PROVISIONS 1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. 1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and reasonable diligence consistent with sound professional practices. 2.0 TERM AND DEFINITIONS. 2.1 The term of this Agreement shall be for twelve (12) months, commencing on June 15, 2013 and terminating at midnight on June 14, 2014, unless either party chooses to exercise its rights under Section 20 "Termination". The parties shall have the option to extend the term of this Agreement for four (4) one-year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. The City Manager or the City Manager's designee (hereinafter "City Manager") shall review the performance of the Service Provider annually at least ninety (90) days prior to the Agreement's anniversary date. The City Manager shall recommend a one (1) year extension or termination. Should the Service Provider and City agree to extend the Agreement, the Service Provider may, if agreed upon AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) in writing by the City, be entitled to an increase in rates in an amount not to exceed one half (1/2) the change in the Consumer Price Index (CPI) for the most recently available twelve (12) month period for All Urban Consumers (CPI-U) for All Items, U.S. City average, published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982-84, or the successor index to same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. 2.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Service Provider to provide services approved by the City. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. C. "Service Provider" shall mean GFA International, Inc., a Florida Corporation, and its principals, officers, employees, and agents. d. "Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes. e. "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in this Agreement. All work under this Agreement shall be requested by the City on an `as- needed' basis. No work shall be performed under this Agreement unless requested by the City in advance. 3.0 SCOPE OF SERVICES Service Provider shall do, perform, deliver and carry out, in a professional manner, on an as requested basis, the type of services as set forth in the Scope of Services under Exhibit 1 - "Scope of Services" and fully incorporated herein by this reference, including but not limited to the furnishing of all labor, equipment, tools, materials, and incidentals. 4.0 AMENDMENTS AND MODIFICATIONS Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the City and the Service Provider, and may be implemented only after this Agreement has been amended in writing. The City reserves the right to make changes in the work, including alterations, reductions therein, or additions thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change, the Service Provider shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the City in writing if the contemplated change shall affect the Service Provider's ability to meet the completion dates or schedules of this Agreement. If the City so instructs, in writing, the Service Provider shall suspend work on that portion of the work affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall issue an Amendment to this Agreement or Change Order AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) and the Service Provider shall not commence work on any such change until such written amendment or change order has been issued and signed by each of the parties. 5.0 SCHEDULE 5.1 Service Provider shall perform services in conformance with the schedule reasonably established by the City. Service Provider shall complete all of said services in a timely manner and will keep City apprised of the status of work on a daily basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply with the schedule at no additional cost to the City. No extension for completion of services shall be granted to Service Provider without City's prior written consent. 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay Service Provider for services as requested, on an hourly basis, as detailed in Exhibit 2 — "VENDOR RATE/FEE SCHEDULE". If this Agreement is extended, the hourly rate paid to Service Provider shall not exceed the above mentioned number as set forth in paragraph 2.1 of this Agreement. 6.2 Additional Services. From time to time during the term of this Agreement, City may request that Service Provider perform additional Services not required under the Scope of Services. For those additional services agreed upon by the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal to that mutually agreed upon by the parties in writing. 6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its principals, employees, and independent professional associates and consultants in the performance of Work under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt and acceptance of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed. 6.4 Truth-In-Negotiation Certificate. Signature of this Agreement by the Service Provider shall act as the execution of a truth-in-negotiation certificate certifying that the wage and rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. 7.0 RIGHT TO INSPECTION 7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service Provider. 7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement. 8.0 AUDIT AND INSPECTIONS The Service Provider shall maintain records on the City's projects, in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. Said records will be available to the City during the Service Provider's normal business hours for a period of two (2) years after the Service Provider's final invoice for examination to the extent required to verify AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) the direct costs (excluding established or standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the City, the Service Provider shall reimburse the City for the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period from the original payment due date(s) to the payment by the Service Provider of all monies owed. 9.0 PROFESSIONALISM AND STANDARD OF CARE Service Provider shall do, perform and carry out in a professional manner all Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same or similar locality as Service Provider. 10.0 SUBMITTAL OF PROGRESS REPORTS Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to provide the agreed-upon Services. If the detail is not sufficient in the City's reasonable discretion to permit the City to determine the Work performed or the manner in which it is being performed, the City may seek more detail from the Service Provider. Service Provider agrees to provide that information within a reasonable time period. 11.0 WARRANTY OF PROFESSIONAL SERVICES The Service Provider (for itself and any of its employees, Service Providers, partners, and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its Service Providers, partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER Service Provider hereby represents and warrants to the City the following: a. Service Provider is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Service Provider has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Service Provider has been duly authorized by the board of directors and/or president of Service Provider. In support of said representation, Service Provider agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. Service Provider is duly licensed under all local, state and federal laws to provide the Scope of Services stated in paragraph 3.0 herein. In support of AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) said representation, Service Provider agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 13.0 WORK IS A PRIVATE UNDERTAKING With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider is an independent Service Provider and not an agent of the City. The Service Provider, its Service Providers, partners, agents, and their employees are independent Service Providers and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent Service Provider, between the City, on one hand, and the Service Provider, its Service Providers, partners, employees, or agents, during or after the performance of the Work under this Agreement. 14.0 PROGRESS MEETING City may hold periodic progress meetings on a weekly basis, or more frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City. 15.0 SAFETY Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guided or eliminated in accordance with the highest accepted standard of safety. Service Provider shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, Service Providers, and agents while performing Services provided hereunder. 16.0 INSURANCE Service Provider shall maintain in full force and effect during the life of the Agreement, Worker's Compensation insurance covering all employees in performance of work under the Agreement. Service Provider shall make this same requirement of any of its sub-contractors. Service Provider shall indemnify and save the City harmless for any damage resulting to them for failure of either Service Provider or any sub-contractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Service Provider agrees to maintain during the term of this Agreement: COVERAGE MINIMUM LIMITS General and Auto Liability $500,000 per person/incident $1,000,000 incident Professional Liability (if applicable) $1,000,000 Worker's Compensation Statutory Neither Service Provider nor any sub-contractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of "A", and a financial class of "VII" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms. The Service Provider's insurance policies should be endorsed to add the City of Winter Springs as an Additional Insured. The Service AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) Provider shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice have been given to the City by certified mail. 16.1 INSURANCE AND HOLD HARMLESS INDEMNIFICATION Hold Harmless Agreement - To the fullest extent permitted by laws and regulations Service Provider shall indemnify and hold harmless CITY and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work itself) including the loss of use resulting there from and (b) is caused in whole or in part by any negligent act or omission of Service Provider, any Sub-contractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. In any and all claims against CITY or any of their consultants, agents or employees by any employee of Service Provider, any Sub- contractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Service Provider or any such Sub- contractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Service Provider's Liability Insurance - The Service Provider shall not commence any work under this Contract until he has obtained all insurance required under this paragraph. Service Provider shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth which may arise out of or result from Service Provider's performance and furnishing of the Work and Service Provider's other obligations under the Contract Documents, whether it is to be performed or furnished by Service Provider, by any Sub-contractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. The insurance required by this paragraph shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. The comprehensive general liability insurance shall also include Contractual Liability Insurance applicable to Service Provider's obligations under the Hold Harmless Indemnification. All of the policies of insurance so required to be purchased and maintained (or the certificates or their evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to CITY by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when Service Provider may be correcting, removing or replacing defective work in accordance with the Contract Documents. Service Provider's General Liability Insurance shall include the CITY, and CITY's consultants as insured or additional insured which may be accomplished by either an endorsement of Service Provider's Comprehensive General Liability policy or by Service Provider's carrier issuing a separate protection liability policy. AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) 17.0 COMPLIANCE WITH LAWS AND REGULATIONS In the performance of work and services under this Agreement, Service Provider agrees to comply with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Service Provider, its employees, agents or sub- contractor, if any, with respect to the work and services described herein. 18.0 DOCUMENTS 18.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider and its independent Service Providers and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Service Provider. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider be open and freely exhibited to the City for the purpose of examination and/or audit. 18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service Provider under this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public Records Law. 19.0 ASSIGNMENT 19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of City. 19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts and/or omissions performed by the sub-contractor as if no subcontract had been made. 19.3 If City determines that any sub-contractor is not performing in accordance with this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy the situation. 19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any Work by the sub-contractor, Service Provider shall require the sub-contractor to provide City and its affiliates with insurance coverage as set forth by the City. 20.0 TERMINATION This Agreement may be terminated by the Service Provider upon thirty (30) days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the Service Provider. It may also be terminated by the City with or without cause immediately upon written notice to the Service Provider. Unless the Service Provider is in breach of this Agreement, the Service Provider shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, the Service Provider shall: AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) A. Stop work on the date and to the extent specified by the City. B. Terminate and settle all orders and sub-contracts relating to the performance of the terminated work. C. Transfer all work in process, completed work and other material related to the terminated work to the City or approved designee. D. Continue and complete all parts of the work that have not been terminated. 21.0 FORCE MAJEURE Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 22.0 GOVERNING LAW &VENUE This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be in the Middle District of Florida in Orlando, Florida. 23.0 HEADINGS 23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 24.0 SEVERABILITY 24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 25.0 INTEGRATION; MODIFICATION 25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. 26.0 THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) 27.0 PROHIBITION AGAINST CONTINGENT FEES Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 28.0 NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 29.0 ATTORNEY'S FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs, and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 30.0 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 31.0 DRAFTING City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 32.0 NOTICES Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Service Provider: GFA International, Inc. 521 NW Enterprise Drive Port St. Lucie, FL 34986 Phone: (772) 924-3575 For City: City of Winter Springs Community Development Department, Building Division 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407) 327-1800 AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) Either party may change the notice address by providing the other party written notice of the change. 33.0 SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 34.0 INDEMNIFICATION 34.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate proceedings), directly or indirectly arising from: a. any default under this Agreement by Service Provider; b. any negligent act, omission or operation of work related to all Services performed under this Agreement by Service Provider, and its employees, principals, agents, independent Service Providers, and consultants. c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service Provider's and its employees, partners, Service Providers, and agents on the performance of the Services being performed under this Agreement; d. Service Provider's, and its employees, partners, Service Providers, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Service Provider's and its employees, partners, Service Providers, and agents performance under this Agreement; e. any fraud and misrepresentation conducted by Service Provider and its employees, partners, Service Providers, and agents on the City under this Agreement. 34.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Service Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners, employees, officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) 35.0 ORDER OF PRECEDENCE 35.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order: a. Addenda to this Agreement subsequent to the Effective date of this Agreement; b. This Agreement; c. Exhibits to this Agreement; and d. The Project Manual. 35.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. 36.0 AGREEMENT INTERPRETATION 36.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. 36.2 When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Service Provider uses the substitute. 37.0 NONDISCRIMINATION The Service Provider warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin, or physical handicap. 38. ARREARS The Service Provider shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Service Provider further warrants and represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement. 39. WARRANTY The Service Provider warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. 40. INDEPENDENT SERVICE PROVIDER The Service Provider agrees that it is an independent Service Provider with respect to the services provided pursuant to this Agreement, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Service Provider's sole discretion, supervision, and control. The Service Provider shall exercise control over the means and manner in which it and its employees perform the work; the City's AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. 41. NONWAIVER No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved by the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. 42. EXCLUSIVITY This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for the same or similar work being performed by the Service Provider hereunder. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. SERVICE PROVIDER: Name (Printed and Signed) Title Date CITY: CITY OF WINTER SPRINGS, FLORIDA A Florida municipal corporation KEVIN L. SMITH City Manager Date ATTEST: ANDREA LORENZO-LUACES, City Clerk AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) Exhibit 1 L Scope of Services The base scope of services includes but is not limited to the following: Licensing,Work and Equipment • Service Provider shall provide copies of each license granted to him/her by the State of Florida and will perform both plans review and inspections services, as required, related to the authority granted within such licenses. • Service Provider shall keep current all licenses necessary to provide the services required of this proposal. Licenses shall be issued by the Florida Department of Business and Professional Regulation (DBPR) and shall include, but not be limited to, licensing in plans review and inspections for the following disciplines: building, electrical,plumbing and mechanical. • Service Provider shall plan to be available to provide services between the hours of 6:OOam and 6:OOpm, Monday through Friday, as required by the City, and excluding City recognized holidays and scheduled career development days. Service Provider agrees that the number of hours provided hereunder shall be determined by the Building Official or his/her designee for the City of Winter Springs,based on the inspections and plans review workload at any given time. • Service Provider shall be available to provide inspections and/or plans review services under this proposal with a minimum of 4 hours notice from the City. Notice can be delivered via telephone, fax, email or text message to the Service Provider. • City agrees to pay Service Provider a minimum of 4 hours per request for service. • Service Provider shall provide all tools and equipment which are required to perform inspections and/or plans review services under this proposal. Equipment shall include but not be limited to: reliable transportation, fuel, cell phone(s), electronics, code books (most recent edition), ladder(s), supplies, and all required clothing and safety equipment. • Service Provider shall report directly to the City's Building Official or his/her designee for purposes of performing inspections and plans review services under this proposal. Inspections, Fees and Reports • Service Provider shall propose the hourly cost to provide the following types of services for work during normal business hours and for work after hours as follows: a) Florida Licensed Commercial Inspector (holding valid licenses in building, electrical, plumbing and mechanical). b) Florida Licensed Residential Inspector— minimum of 1&2 family dwellings (holding valid licenses in building, electrical,plumbing and mechanical). c) Florida Licensed Plans Examiner (PX) - (holding valid licenses in building, electrical, plumbing and mechanical). • Service Provider shall perform in a professional manner all services required by this proposal. • Service Provider shall submit written and/or electronic records and a progress report on a daily basis, as required by the City's Building Official or his/her designee, and as required by Ch. 1 of the Florida Building Code, to demonstrate in a sufficient manner what services were specifically performed and the results inspections that day. • All inspections shall be performed in a professional,workmanlike and timely manner as determined by the City's Building Official or his/her designee. • The City does not make a habit of `rolling'inspections;however, if an inspection needs to be re- scheduled the City's Building Official or his/her designee must approve this action. Terms and Conditions • The contract may be canceled in whole or part by the City or the Service Provider, upon giving at least (30) days written notice prior to cancellation; EXCEPT that non-performance on the part of the Service Provider will be grounds for immediate termination. Unless otherwise provided in said notice, all work being performed by Service Provider at the time of receipt of the notice shall immediately cease and no further work shall be provided by Service Provider under the agreement. • City reserves the right to require a change in personnel at the sole discretion of the Building Official, with or without cause, and at no additional cost or obligation. Service Provider shall honor the City's request to change personnel within 48 hours or the contract may be terminated by the City with 7 days written notice to Service Provider. • Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of the Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed. • The City reserves the right to require a background check and/or drug testing on all personnel, including principals and owners, who are provided to do work under the scope of this proposal. If the City is not satisfied with the results of any background check, the City shall have, at its sole discretion, the exclusive right to require Service Provide to provide an alternate without additional cost or obligation. Additional Services Additional work above and beyond stated scope of services may, from time to time, be requested by the City. All such additional work must be authorized by the City in writing. For all additional work,vendor is requested to provide a proposal which shall include a breakdown of the hourly rate which will be applicable, in determining the cost of these services, by major category and discipline of the employee; for these additional services, billing will be broken down into time per category by major task. Prior to accepting an assignment for additional work, you will be requested to provide a proposed fee for the task on a "not to exceed" basis prior to receiving authority to proceed. Exhibit 2 VENDOR RATE/FEE SCHEDULE Please include a breakdown of the dollar amount of and the basis for your fees as appropriate based on the following categories(generally defined in Scope of Services): HOURLY Florida Licensed Commercial Inspector (Normal Hours) $5,/ . 00 Florida Licensed Commercial Inspector (After Hours) $85 , 50 Florida Licensed Residential Inspector (Normal Hours) $57 . 00 Florida Licensed Residential Inspector (After Hours) $ 85 .50 Florida Licensed Plans Examiner (PX) (Normal Hours) $64 . 00 Florida Licensed Plans Examiner (PX) (After Hours) $96 . 00 Fee/Rate Schedule for any proposed additional services(above and beyond that stated in the base scope of services) that may be requested: CategarylDiscipline of Employee Hourly Rate Threshold Inspector $57. 00 Threshold Engineer $90 . 00 Roofing Inspector $64 . 00 For all additional work,vendor is requested to provide a proposal which shall include a breakdown of the hourly rate which will be applicable,in determining the cost of these services, by major category and discipline of employee;for these additional services,billing will be broken down into time per category by major task. These fees will be fixed for the initial period of two years,and negotiated thereafter. Prior to accepting an assignment for additional work,you will be requested to provide a proposed fee far the task on a "not to exceed"basis prior to receiving authority to proceed This Form Must Be Completed and Returned With Your Submittal. 10 DISPUTES DISCLOSURE FORM Answer the following questions by answering "YES" or "NO". If you answer "YES", please explain in the space provided,please add a page(s)if additional space is needed. 1. Has your firm, or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association within the last five(5)years? No 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five(5)years? No 3. Has your firm had filed against it or filed any requests for equitable adjustment,contract claims or litigation in the past five(5)years that is related to the services your firm provides in the regular course of business? No If yes, the explanation must state the nature of the request for equitable adjustment, contract claim or litigation,a brief description of the case,the outcome or status of suit and the monetary amounts or extended contract time involved. I hereby certify that the statements contained herein are true. I agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for disqualification of the submittal,immediate cancellation of any contract with the City that might arise from the representations contained herein,and forfeiture of rights for further consideration for work in the City of Winter Springs. Firm: GFA International, Inc. Name/Title: Paul H. Danforth, P.E. Regional Vice President Authorized Signature/Date: f May 13, 2013 This Form. Must Be Completed and Returned with your Submittal I1 INSURANCE REQUIREMENTS FORM 1. The vendor shall be required to provide to the Building Official, prior to signing a contract for or commencing any work,a Certificate of Insurance which verifies coverage in compliance with the requirements outlined below. Compliance of said certificate must be acknowledged by the Building Official prior to start of work. Any work initiated without completion of this requirement shall be unauthorized and the City of Winter Springs will not be responsible. 2. The City of Winter Springs reserves the right to require coverage and limits as considered to be in its best interests. Insurance requirements shall be on a case by case basis determined by the project,conditions and exposure. 3. Except for Professional Liability and Workers Compensation Policies,when required, all policies are to he endorsed to include the City of Winter Springs as Additional Insured. In the cancellation clause the number "30" shall be inserted into the blank space provided prior to the words"days prior notice...". All vendor policies are to be considered primary to City coverage and shall not contain co-insurance provisions. 4. In the event that the insurance coverage expires prior to the completion of services,a renewal certificate shall be issued 30 days prior to said expiration date. 5. Subvendors or sub-Service Providers retained by the primary vendor are the responsibility of said primary vendor in all respects. 6. Insurance requirements: COVERAGE REQLIRED MINIMUM POLICY LIMITS Workers'Compensation Statutory Commercial General Liability including Contractual Liability, Products and $1,000,000 Occurrence Completed Operations,XCU and Owners and Service Providers Protective Comprehensive Auto Liability,CSL,shall include"any auto" $1,000,000 CSL Professional $1,000,000 Occurrence (NOTE:All limits are per occurrence and must include Bodily Injury and Property Damage. Deductibles and self insured retentions must be approved by the City of Winter Springs, and all insurers must have an A.M.Best rating of at least A: VII.) 7. Bonding Required: None This Submittal 8. Vendor will be required to provide a certificate of insurance in compliance with the above, within four (4) days of notification of award with continuing coverage,without a break. 9. I hereby certify that the insurance and bonding requirements outlined above shall be met as required, if I am awarded a contract for the services specified herein. Firm: GFA International, Inc. Name/Title: Paul H. Danfor P_E_ Regional Vice President Authorized Signature/Date: >� May 13, 2013 L11-11- f This Form Must Be Completed and Returned with your Submittal 12 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES FORM THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the City of Winter Springs by: Paul H. Danforth, P.E. on behalf of GFA International, Inc. whose business address is: 521 NW Enterprise Drive Port St. Lucie, Florida 34985 Federal Employer Identification Number(FEIN) 5 5-0 8 7 4 9 5 2 or Social Security#of the person signing this statement: 2. I understand that a"public entity crime"as defined in Paragraph 287.133(1)(g),F.S.,means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work,involving antitrust, fraud, theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3. I understand the "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), F.S., means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict,non-jury trial,or entry of a plea of guilt or nolo contendere. 4. I understand that an"affiliate"as defined in Paragraph 287.133(l)(a),F.S.,means: A predecessor or successor of a person convicted of a public entity crime or an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a Joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a"person" as defined in Paragraph 287.133(l)(e), F.S., means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otberwise 13 transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which 1 have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any of its officers, director, executives, partners,shareholders, employees,members, or agents who are active in the management of the entity,nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity was charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I understand that the submission of this form to the City of Winter Springs is for the City of Winter Springs only, and that this from is valid through December 31, 2014. 1 also understand that I am required to inform the City of Winter Springs prior to entering into a contract in excess of$25,000 of any change in the ' rmatr n contained in this form. r; May 13 , 2013 Signature Date State of Florida, County of Wh) ; On this 13 day of , 20� before me, the undersigned Notary Public of the State of Florida,personally appeared: Paul H. Danforth, P.E. (Name(s)of individuals who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. CA,Sworn to and subscribed before me this 1 13 14 } " day of 1A __ _ 20 �� Notary Public U My Commission expires: 1-7 RWHA STA o °or gay COMMISSION gp0996840 Personally Known zf S(pIRES:MAy 310 2014 cs Bonded Iit[OU WSW WSUM"" Produced Identification: (Type) Did take an Oath Did Not take an Oath This Form Must Be Completed and Returned with your Submittal 15 DRUG-FLEE WORK PLACE FORM The undersigned, in accordance with Florida Statute 287.087 hereby certifies that the company named below does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notify the employees that,as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance Iaw of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Firm: GFA International, Inc. Name/Title: Paul H. Danforth, P.E. Regional Vice President Authorized Signature 1 Date: May 13, 2013 This Form Must Be Completed and Returned with your Submittal 16 CONFLICT OF INTEREST STATEMENT 12aul Danforth o13FA Tnternationa]-deposes and states that Name of Affiant Name of Company the above named entity is submitting a proposal to the City of Winter Springs for the project identified above. 2. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3. The Affiant states that only one submittal for the above project is being submitted and that the above named entity has no financial interest in other entities submitting qualifications for the same services. 4. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion,or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. 5. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state,or federal agency. 6. Neither the entity, nor its affiliates,nor anyone associated with them have any potential conflict of interest due to any other clients,contracts,or property interests for these services. 7. I certify that no member of the entity's ownership, management, or staff has a vested interest in any aspect of or department of the City of Winter Springs. 8. I certify that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Winter Springs. 9. In the event that a conflict of interest is identified in the provision of services, 1, on behalf of the above named entity,wi me iately notify the City of Winter Springs in writing. May 13 2013 Signature of A O t Date Paul Danforth, P-kg. Regional Vice President Title Typed or Printed Name of Affiant State of Florida,County of pa,-) bcz�.. , On this 13 day of 20 before me, the undersigned Notary Public of the State of Florida,personally appeared a- and 17 (Name(s)of individuals who appeared before notary) whose na3ne(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY UBLIC oliillf` CZARINA BA UTISTA My d OMMIS5iON p[)0936840 WIRES:MAY 31,2014 SEAL OF OFFICE: bonded thmuO 1st SUN InSuranc® (Name of Notary Public:Print,Stamp,or Type as Commissioned) This Form Must Be Completed and Returned with your Submittal 18 CERTIFICATION OF NON-SEGREGATED FACILITIES FORM By affixing his signature to this form,the consultant certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The consultant certifies further that he will not maintain or provide for his employees any segregated facilities at any location under his control where segregated facilities are maintained. The consultant agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation and housing facilities provided for employees which are segregated by explicit directive, or are in fact segregated on the basis of race,color,religious disability or national origin, because of habit, local custom, or otherwise. The consultant agrees that (except where he has obtained identical certifications from proposed subService Providers for specific time periods) he will obtain identical certifications from proposed subService Providers prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 1 l 375 and as amended,relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor are incorporated herein. NOTE: The penalty for making false statements.in offers is prescribed in 18 U,S.O, 1001, By: Late: May 13 , 2013 Paul H. Danforth, P.E. Regional. Vice President Print Name Title Official Address: 521 NW Enterprise Drive, Port St. Lucie, FL 34986 This Form Must Be Completed and Returned with your Submittal 19 PUBLIC RECORDS FORM All proposals are subject to the Florida Public Records Act, F.S. 119. The submission of a proposal authorizes release of your firm's credit data to the City of Winter Springs. Responsive proposals are "public records" and shall be subject to public disclosure consistent with Chapter 119.07(3) (o), Florida Statutes. Vendors must invoke any exemptions to disclosure provided by law in the response to the proposal, and must identify the data or other materials to be protected, and must state the applicable statutory exemption for exclusion from public disclosure. Please list below any exemptions to disclosure as provided by law and sign and date the form where indicated.: If you are not claiming any Public Records Exemptions, please check the box below and sign and date the form where indicated. We are claiming no exemptions May 13, 2013 Vendor Signature/Date This Form Must Be Completed and Returned with your Submittal 20 Attachment A (2) CONTINUING SERVICES AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW THIS AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES ("Agreement") is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), located at 1126 East State Road 434, Winter Springs, Florida 32708, and Nova Engineering and Environmental, LLC., a Florida Corporation, hereinafter referred to as ("Service Provider"), located at: 1226 Tech Boulevard, Tampa, FL 33619. WITNESSETH: WHEREAS, City wishes to obtain Continuing Building Inspections and Plans Review Services (RFP 003/03/MS) for a limited time period; and WHEREAS, Service Provider participated in the selection and negotiation process; and WHEREAS, Service Provider is willing to provide such Continuing Building Inspections and Plans Review Services (RFP 003/03/MS), on an as requested basis, for the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 GENERAL PROVISIONS 1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. 1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and reasonable diligence consistent with sound professional practices. 2.0 TERM AND DEFINITIONS. 2.1 The term of this Agreement shall be for twelve (12) months, commencing on June 15, 2013 and terminating at midnight on June 14, 2014, unless either party chooses to exercise its rights under Section 20 "Termination". The parties shall have the option to extend the term of this Agreement for four (4) one-year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. The City Manager or the City Manager's designee (hereinafter "City Manager") shall review the performance of the Service Provider annually at least ninety (90) days prior to the Agreement's anniversary date. The City Manager shall recommend a one (1) year extension or termination. Should the Service Provider and City agree to extend the Agreement, the Service Provider may, if agreed upon AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) in writing by the City, be entitled to an increase in rates in an amount not to exceed one half (1/2) the change in the Consumer Price Index (CPI) for the most recently available twelve (12) month period for All Urban Consumers (CPI-U) for All Items, U.S. City average, published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982-84, or the successor index to same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. 2.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Service Provider to provide services approved by the City. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. C. "Service Provider" shall mean Nova Engineering and Environmental, LLC., a Florida Corporation, and its principals, officers, employees, and agents. d. "Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes. e. "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in this Agreement. All work under this Agreement shall be requested by the City on an `as- needed' basis. No work shall be performed under this Agreement unless requested by the City in advance. 3.0 SCOPE OF SERVICES Service Provider shall do, perform, deliver and carry out, in a professional manner, on an as requested basis, the type of services as set forth in the Scope of Services under Exhibit 1 - "Scope of Services" and fully incorporated herein by this reference, including but not limited to the furnishing of all labor, equipment, tools, materials, and incidentals. 4.0 AMENDMENTS AND MODIFICATIONS Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the City and the Service Provider, and may be implemented only after this Agreement has been amended in writing. The City reserves the right to make changes in the work, including alterations, reductions therein, or additions thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change, the Service Provider shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the City in writing if the contemplated change shall affect the Service Provider's ability to meet the completion dates or schedules of this Agreement. If the City so instructs, in writing, the Service Provider shall suspend work on that portion of the work affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall issue an Amendment to this Agreement or Change Order AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) and the Service Provider shall not commence work on any such change until such written amendment or change order has been issued and signed by each of the parties. 5.0 SCHEDULE 5.1 Service Provider shall perform services in conformance with the schedule reasonably established by the City. Service Provider shall complete all of said services in a timely manner and will keep City apprised of the status of work on a daily basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply with the schedule at no additional cost to the City. No extension for completion of services shall be granted to Service Provider without City's prior written consent. 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay Service Provider for services as requested, on an hourly basis, as detailed in Exhibit 2 — "VENDOR RATE/FEE SCHEDULE". If this Agreement is extended, the hourly rate paid to Service Provider shall not exceed the above mentioned number as set forth in paragraph 2.1 of this Agreement. 6.2 Additional Services. From time to time during the term of this Agreement, City may request that Service Provider perform additional Services not required under the Scope of Services. For those additional services agreed upon by the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal to that mutually agreed upon by the parties in writing. 6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its principals, employees, and independent professional associates and consultants in the performance of Work under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt and acceptance of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed. 6.4 Truth-In-Negotiation Certificate. Signature of this Agreement by the Service Provider shall act as the execution of a truth-in-negotiation certificate certifying that the wage and rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. 7.0 RIGHT TO INSPECTION 7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service Provider. 7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement. 8.0 AUDIT AND INSPECTIONS The Service Provider shall maintain records on the City's projects, in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. Said records will be available to the City during the Service Provider's normal business hours for a period of two (2) years after the Service Provider's final invoice for examination to the extent required to verify AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) the direct costs (excluding established or standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the City, the Service Provider shall reimburse the City for the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period from the original payment due date(s) to the payment by the Service Provider of all monies owed. 9.0 PROFESSIONALISM AND STANDARD OF CARE Service Provider shall do, perform and carry out in a professional manner all Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same or similar locality as Service Provider. 10.0 SUBMITTAL OF PROGRESS REPORTS Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to provide the agreed-upon Services. If the detail is not sufficient in the City's reasonable discretion to permit the City to determine the Work performed or the manner in which it is being performed, the City may seek more detail from the Service Provider. Service Provider agrees to provide that information within a reasonable time period. 11.0 WARRANTY OF PROFESSIONAL SERVICES The Service Provider (for itself and any of its employees, Service Providers, partners, and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its Service Providers, partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER Service Provider hereby represents and warrants to the City the following: a. Service Provider is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Service Provider has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Service Provider has been duly authorized by the board of directors and/or president of Service Provider. In support of said representation, Service Provider agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. Service Provider is duly licensed under all local, state and federal laws to provide the Scope of Services stated in paragraph 3.0 herein. In support of AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) said representation, Service Provider agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 13.0 WORK IS A PRIVATE UNDERTAKING With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider is an independent Service Provider and not an agent of the City. The Service Provider, its Service Providers, partners, agents, and their employees are independent Service Providers and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent Service Provider, between the City, on one hand, and the Service Provider, its Service Providers, partners, employees, or agents, during or after the performance of the Work under this Agreement. 14.0 PROGRESS MEETING City may hold periodic progress meetings on a weekly basis, or more frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City. 15.0 SAFETY Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guided or eliminated in accordance with the highest accepted standard of safety. Service Provider shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, Service Providers, and agents while performing Services provided hereunder. 16.0 INSURANCE Service Provider shall maintain in full force and effect during the life of the Agreement, Worker's Compensation insurance covering all employees in performance of work under the Agreement. Service Provider shall make this same requirement of any of its sub-contractors. Service Provider shall indemnify and save the City harmless for any damage resulting to them for failure of either Service Provider or any sub-contractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Service Provider agrees to maintain during the term of this Agreement: COVERAGE MINIMUM LIMITS General and Auto Liability $500,000 per person/incident $1,000,000 incident Professional Liability (if applicable) $1,000,000 Worker's Compensation Statutory Neither Service Provider nor any sub-contractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of "A", and a financial class of "VII" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms. The Service Provider's insurance policies should be endorsed to add the City of Winter Springs as an Additional Insured. The Service AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) Provider shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice have been given to the City by certified mail. 16.1 INSURANCE AND HOLD HARMLESS INDEMNIFICATION Hold Harmless Agreement - To the fullest extent permitted by laws and regulations Service Provider shall indemnify and hold harmless CITY and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work itself) including the loss of use resulting there from and (b) is caused in whole or in part by any negligent act or omission of Service Provider, any Sub-contractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. In any and all claims against CITY or any of their consultants, agents or employees by any employee of Service Provider, any Sub- contractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Service Provider or any such Sub- contractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Service Provider's Liability Insurance - The Service Provider shall not commence any work under this Contract until he has obtained all insurance required under this paragraph. Service Provider shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth which may arise out of or result from Service Provider's performance and furnishing of the Work and Service Provider's other obligations under the Contract Documents, whether it is to be performed or furnished by Service Provider, by any Sub-contractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. The insurance required by this paragraph shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. The comprehensive general liability insurance shall also include Contractual Liability Insurance applicable to Service Provider's obligations under the Hold Harmless Indemnification. All of the policies of insurance so required to be purchased and maintained (or the certificates or their evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to CITY by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when Service Provider may be correcting, removing or replacing defective work in accordance with the Contract Documents. Service Provider's General Liability Insurance shall include the CITY, and CITY's consultants as insured or additional insured which may be accomplished by either an endorsement of Service Provider's Comprehensive General Liability policy or by Service Provider's carrier issuing a separate protection liability policy. AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) 17.0 COMPLIANCE WITH LAWS AND REGULATIONS In the performance of work and services under this Agreement, Service Provider agrees to comply with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Service Provider, its employees, agents or sub- contractor, if any, with respect to the work and services described herein. 18.0 DOCUMENTS 18.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider and its independent Service Providers and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Service Provider. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider be open and freely exhibited to the City for the purpose of examination and/or audit. 18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service Provider under this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public Records Law. 19.0 ASSIGNMENT 19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of City. 19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts and/or omissions performed by the sub-contractor as if no subcontract had been made. 19.3 If City determines that any sub-contractor is not performing in accordance with this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy the situation. 19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any Work by the sub-contractor, Service Provider shall require the sub-contractor to provide City and its affiliates with insurance coverage as set forth by the City. 20.0 TERMINATION This Agreement may be terminated by the Service Provider upon thirty (30) days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the Service Provider. It may also be terminated by the City with or without cause immediately upon written notice to the Service Provider. Unless the Service Provider is in breach of this Agreement, the Service Provider shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, the Service Provider shall: AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) A. Stop work on the date and to the extent specified by the City. B. Terminate and settle all orders and sub-contracts relating to the performance of the terminated work. C. Transfer all work in process, completed work and other material related to the terminated work to the City or approved designee. D. Continue and complete all parts of the work that have not been terminated. 21.0 FORCE MAJEURE Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 22.0 GOVERNING LAW &VENUE This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be in the Middle District of Florida in Orlando, Florida. 23.0 HEADINGS 23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 24.0 SEVERABILITY 24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 25.0 INTEGRATION; MODIFICATION 25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. 26.0 THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) 27.0 PROHIBITION AGAINST CONTINGENT FEES Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 28.0 NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 29.0 ATTORNEY'S FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs, and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 30.0 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 31.0 DRAFTING City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 32.0 NOTICES Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Service Provider: Nova Engineering and Environmental, LLC. 1226 Tech Boulevard Tampa, FL 33619 Phone: (813) 623-3100 For City: City of Winter Springs Community Development Department, Building Division 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407) 327-1800 AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) Either party may change the notice address by providing the other party written notice of the change. 33.0 SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 34.0 INDEMNIFICATION 34.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate proceedings), directly or indirectly arising from: a. any default under this Agreement by Service Provider; b. any negligent act, omission or operation of work related to all Services performed under this Agreement by Service Provider, and its employees, principals, agents, independent Service Providers, and consultants. c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service Provider's and its employees, partners, Service Providers, and agents on the performance of the Services being performed under this Agreement; d. Service Provider's, and its employees, partners, Service Providers, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Service Provider's and its employees, partners, Service Providers, and agents performance under this Agreement; e. any fraud and misrepresentation conducted by Service Provider and its employees, partners, Service Providers, and agents on the City under this Agreement. 34.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Service Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners, employees, officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) 35.0 ORDER OF PRECEDENCE 35.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order: a. Addenda to this Agreement subsequent to the Effective date of this Agreement; b. This Agreement; c. Exhibits to this Agreement; and d. The Project Manual. 35.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. 36.0 AGREEMENT INTERPRETATION 36.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. 36.2 When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Service Provider uses the substitute. 37.0 NONDISCRIMINATION The Service Provider warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin, or physical handicap. 38. ARREARS The Service Provider shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Service Provider further warrants and represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement. 39. WARRANTY The Service Provider warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. 40. INDEPENDENT SERVICE PROVIDER The Service Provider agrees that it is an independent Service Provider with respect to the services provided pursuant to this Agreement, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Service Provider's sole discretion, supervision, and control. The Service Provider shall exercise control over the means and manner in which it and its employees perform the work; the City's AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. 41. NONWAIVER No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved by the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. 42. EXCLUSIVITY This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for the same or similar work being performed by the Service Provider hereunder. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. SERVICE PROVIDER: Name (Printed and Signed) Title Date CITY: CITY OF WINTER SPRINGS, FLORIDA A Florida municipal corporation KEVIN L. SMITH City Manager Date ATTEST: ANDREA LORENZO-LUACES, City Clerk AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) Exhibit 1 L Scope of Services The base scope of services includes but is not limited to the following: Licensing,Work and Equipment • Service Provider shall provide copies of each license granted to him/her by the State of Florida and will perform both plans review and inspections services, as required, related to the authority granted within such licenses. • Service Provider shall keep current all licenses necessary to provide the services required of this proposal. Licenses shall be issued by the Florida Department of Business and Professional Regulation (DBPR) and shall include, but not be limited to, licensing in plans review and inspections for the following disciplines: building, electrical,plumbing and mechanical. • Service Provider shall plan to be available to provide services between the hours of 6:OOam and 6:OOpm, Monday through Friday, as required by the City, and excluding City recognized holidays and scheduled career development days. Service Provider agrees that the number of hours provided hereunder shall be determined by the Building Official or his/her designee for the City of Winter Springs,based on the inspections and plans review workload at any given time. • Service Provider shall be available to provide inspections and/or plans review services under this proposal with a minimum of 4 hours notice from the City. Notice can be delivered via telephone, fax, email or text message to the Service Provider. • City agrees to pay Service Provider a minimum of 4 hours per request for service. • Service Provider shall provide all tools and equipment which are required to perform inspections and/or plans review services under this proposal. Equipment shall include but not be limited to: reliable transportation, fuel, cell phone(s), electronics, code books (most recent edition), ladder(s), supplies, and all required clothing and safety equipment. • Service Provider shall report directly to the City's Building Official or his/her designee for purposes of performing inspections and plans review services under this proposal. Inspections, Fees and Reports • Service Provider shall propose the hourly cost to provide the following types of services for work during normal business hours and for work after hours as follows: a) Florida Licensed Commercial Inspector (holding valid licenses in building, electrical, plumbing and mechanical). b) Florida Licensed Residential Inspector— minimum of 1&2 family dwellings (holding valid licenses in building, electrical,plumbing and mechanical). c) Florida Licensed Plans Examiner (PX) - (holding valid licenses in building, electrical, plumbing and mechanical). • Service Provider shall perform in a professional manner all services required by this proposal. • Service Provider shall submit written and/or electronic records and a progress report on a daily basis, as required by the City's Building Official or his/her designee, and as required by Ch. 1 of the Florida Building Code, to demonstrate in a sufficient manner what services were specifically performed and the results inspections that day. • All inspections shall be performed in a professional,workmanlike and timely manner as determined by the City's Building Official or his/her designee. • The City does not make a habit of `rolling'inspections;however, if an inspection needs to be re- scheduled the City's Building Official or his/her designee must approve this action. Terms and Conditions • The contract may be canceled in whole or part by the City or the Service Provider, upon giving at least (30) days written notice prior to cancellation; EXCEPT that non-performance on the part of the Service Provider will be grounds for immediate termination. Unless otherwise provided in said notice, all work being performed by Service Provider at the time of receipt of the notice shall immediately cease and no further work shall be provided by Service Provider under the agreement. • City reserves the right to require a change in personnel at the sole discretion of the Building Official, with or without cause, and at no additional cost or obligation. Service Provider shall honor the City's request to change personnel within 48 hours or the contract may be terminated by the City with 7 days written notice to Service Provider. • Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of the Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed. • The City reserves the right to require a background check and/or drug testing on all personnel, including principals and owners, who are provided to do work under the scope of this proposal. If the City is not satisfied with the results of any background check, the City shall have, at its sole discretion, the exclusive right to require Service Provide to provide an alternate without additional cost or obligation. Additional Services Additional work above and beyond stated scope of services may, from time to time, be requested by the City. All such additional work must be authorized by the City in writing. For all additional work,vendor is requested to provide a proposal which shall include a breakdown of the hourly rate which will be applicable, in determining the cost of these services, by major category and discipline of the employee; for these additional services, billing will be broken down into time per category by major task. Prior to accepting an assignment for additional work, you will be requested to provide a proposed fee for the task on a "not to exceed" basis prior to receiving authority to proceed. Exhibit 2 VENDOR RATE/FEE SCHEDULE Please include a breakdown of the dollar amount of and the basis for your fees as appropriate based on the following categories(generally defined in Scope of Services): HOURLY Florida Licensed Commercial Inspector (Normal Hours) $ 59.00 Florida Licensed Commercial Inspector (After Hours) $ 85.00 Florida Licensed Residential Inspector (Normal Hours) $ 52.50 Florida Licensed Residential Inspector (After Hours) $ 69.50 Florida Licensed Plans Examiner (PX) (Normal Hours) $ 59.00 Florida Licensed Plans Examiner (PX) (After Hours) $ 85.00 The Rates above are inclusive of all administrative rates,travel costs,reports and PE review. Rates above are portal to portal. Fee/Rate Schedule for any proposed additional services(above and beyond that stated in the base scope of services) that may be requested: Category/Discipline of Employee Hourly Rate For all additional work, vendor is requested to provide a proposal which shall include a breakdown of the hourly rate which will be applicable, in determining the cost of these services, by major category and discipline of employee;for these additional services,billing will be broken down into time per category by major task. These fees will be fixed far the initial period of two years,and negotiated thereafter. Prior to accepting an assignment for additional work,you will be requested to provide a proposed fee for the task on a "not to exceed"basis prior to receiving authority to proceed This Form Must Be Completed and Returned With Your Submittal. 10 DISPUTES DISCLOSURE FORM Answer the following questions by answering "YES" or "NO". If you answer "YES", please explain in the space provided,please add a page(s) if additional space is needed. 1. Has your firm, or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association within the last five(5)years? NO 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five(5)years? NO 3. Has your firm had filed against it or filed any requests for equitable adjustment,contract claims or litigation in the past five (5)years that is related to the services your firm provides in the regular course of business? YES If yes, the explanation must state the nature of the request for equitable adjustment, contract claim or litigation,a brief description of the case,the outcome or status of suit and the monetary amounts or extended contract time involved. I hereby certify that the statements contained herein are true. I agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for disqualification of the submittal,immediate cancellation of any contract with the City that might arise from the representations contained herein, and forfeiture of rights for further consideration for work in the City of Winter Springs. Firm: Nova Engineering and Environmental,LLC Name/Title: Bob Hughes Vice President and Princi pal Authorized Signature I Date: �r------ S r t 3 This Form Must Be Completed and Returned with your Submittal 11 NOVA LEGAL EXPENSES Case Legal Entity Office Claimant Service Line Type of Project opening Narrative data LAWSUIT-ACTIVE NOVA provided building condition assessment survey prior to condo WAVE Condaminlum Property Condition conversion,rated deteriorated CAPRI Tampa,FL v.CAPRI Assessmeirt Residential 511912009 balconies, Homeowners association has filed lawsuit against all parties in developmerd,including NOVA Discovery in-progress. NOVA provided private provider services. Developer(DRHorton) filed claim against all parties, CAPRI Pensacola,FL Arlwrgate at Perdido Private Provider Residential W112010 including NOVA in Nov 2012. Gardens Aledged defective worlananship in stucco,sheathing,doer frames,at... NOVA not responsible for design or comdrudion LAWSUIT-DISMISSED Contractor built MSE wall approximately 2x height designed, as directed by owner.NOVA documented deviation from design NOVA Newark,NJ Aref Abuhadba CMT Residential 11242011 to contractor and ownar.Wall failed. Lawsuit filed by owner against all parties.Lawsuit against NOVA has been dismissed.Judge refused to reinstate complalnt(Dam 7,2012). Avraiting final signed court order. LAWSUIT-SETTLED Private provider claim for single family residentialhoma.Contractor Johnson(Cad and and developer are bankrupt.NOVA CAPRI Tampa,FL Rose)vs.CAPRI Private Provider Residential 3!1!2068 Seined case for$75,000{business Holdings decision,less than cost of defense) in 2012, DBPR Claim for negligent inspection CAPRI Fort Myers,FL DDPR ve Capri Goo Residential 111W2007 against farmer engineer Donald Meter.NOVA settled, Lawsuit Bled. Palm Bay office. Osvaldo. Allegations of negligent CAPRI Indian River County, Richardean v.Capri PrkAB Provider Residential 2008 roofing,framing Inspections. FL Fusion was GC has duty to defend and indemnify Capri.Settled April 09. Gelber va.Asbestech Homeowner against Asbestec for Asbestech Pompano,FL Labs LLC Remediation Residential 9!2012007 personal property damages.Settled for.$10,000 INSURANCE REQUIREMENTS FORM I. The vendor shall be required to provide to the Building Official, prior to signing a contract for or commencing any work,a Certificate of Insurance which verifies coverage in compliance with the requirements outlined below. Compliance of said certificate must be acknowledged by the Building Official prior to start of work. Any work initiated without completion of this requirement shall be unauthorized and the City of Winter Springs will not be responsible. 2. The City of Winter Springs reserves the right to require coverage and limits as considered to be in its best interests. Insurance requirements shall be on a case by case basis determined by the project,conditions and exposure. 3. Except for Professional Liability and Workers Compensation Policies,when required, all policies are to be endorsed to include the City of Winter Springs as Additional Insured. In the cancellation clause the number "30" shall be inserted into the blank space provided prior to the words"days prior notice...". All vendor policies are to be considered primary to City coverage and shall not contain co-insurance provisions. 4. In the event that the insurance coverage expires prior to the completion of services,a renewal certificate shall be issued 30 days prior to said expiration date. 5. Subvendors or sub-Service Providers retained by the primary vendor are the responsibility of said primary vendor in all respects. 6. Insurance requirements: COVERAGE REQUIRED MINIMUM POLICY"LIMITS Workers'Compensation Statutory Commercial General Liability including Contractual Liability, Products and $1,000,000 Occurrence Completed Operations,XCU and Owners and Service Providers Protective Comprehensive Auto Liability,CSL,shall include"any auto" $1,000,000 CSL Professional $1,000,000 Occurrence (NOTE:All limits are per occurrence and must include Bodily Injury and Property Damage. Deductibles and self insured retentions must be approved by the City of Winter Springs, and all insurers must have an A.M.Best rating of at least A: VII.) 7. Bonding Required: None This Submittal 8. Vendor will be required to provide a certificate of insurance in compliance with the above, within four (4) days of notification of award with continuing coverage,without a break. 9. 1 hereby certify that the insurance and bonding requirements outlined above shall be met as required, if I am awarded a contract for the services specified herein. Finn: Nova Engineering and Environmental LLC Name/Title: Bob Hughes Vice President and Principal J Authorized Signature/Date: 'f 1 This Form Must Be Completed and Returned with your Submittal 12 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES FORM THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the City of Winter Springs by: Bob Hughes on behalf of: Nova Engineering and Environmental. LLC_ whose business address is: 1226 Tech Boulevard Tampa,Florida 33619 Federal Employer Identification Number(FEIN) 26-0347209 or Social Security#of the person signing this statement: 2. 1 understand that a"public entity crime" as defined in Paragraph 287.133(1)(g),F.S.,means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work,involving antitrust,fraud, theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3. I understand the "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), F.S., means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict,non-jury trial,or entry of a plea of guilt or nolo contendere. 4. 1 understand that an"affiliate"as defined in Paragraph 287.133(1)(a),F.S.,means: A predecessor or successor of a person convicted of a public entity crime or an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a"person" as defined in Paragraph 287.133(1)(e), F.S., means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise 13 transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any of its officers, director, executives, partners,shareholders,employees,members,or agents who are active in the management of the entity,nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees,members, or agents who are active in the management of the entity, or any affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity was charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I understand that the submission of this form to the City of Winter Springs is for the City of Winter Springs only, and that this from is valid through December 31,2014. I also understand that I am required to inform the City of Winter Springs prior to entering into a contract in excess of$25,000 of any change in the information contained in this form. �<a z -- S--- f Signature Date State of Florida, County of ti� �oi�. On this 1S day of MCA 2013, before me, the un igned Notary Public of the State of Morida,personally appeared: me (Name(s)of in ividuals who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. f Sworn to and subscribed before me this 14 14�1r\day of Ma 2013 Notary Public My Commission expires: Personally Known Produced Identification: (Type) 0' Ni RIKKILEE STOLLE \0 Did take an Oath MY COMMISSION#Eeami8 ETXpIREs February 431,2017 Did Not take an Oath u�t s °3 F cm This Form Must Be Completed and Returned with your Submittal 15 DRUG-FREE WORK PLACE FORM The undersigned,in accordance with Florida Statute 287.087 hereby certifies that the company named below does: 1. Publish a statement notifying employees that the unlawful manufacture,distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling,rehabilitation,and employee assistance programs, and the penalties that may be unposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notify the employees that,as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5) days after such conviction. 5. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Firm: Nova Engineering and Environmental,LLC Name/Title: Bob Hughes Vice President and Principal Authorized Signature/Date: ;6 Qj This Form Must Be Completed and Returned with your Submittal 16 CONFLICT OF INTEREST STATEMENT 1. I_7010 oNOV A E$i 1�4ses t t and states that Name of Affiant Name of Company the above named entity is submitting a proposal to the City of Winter Springs for the project identified above. 2. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. I The Affiant states that only one submittal for the above project is being submitted and that the above named entity has no financial interest in other entities submitting qualifications for the same services. 4. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion,or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. 5. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local,state,or federal agency. 6. Neither the entity, nor its affiliates,nor anyone associated with them have any potential conflict of interest due to any other clients,contracts,or property interests for these services. 7. I certify that no member of the entity's ownership,management, or staff has a vested interest in any aspect of or department of the City of Winter Springs. 8. 1 certify that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Winter Springs. 9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, meediately n ify the City of Winter Springs in writing. `p Signature o Affiant f Date vte Title Typed or Printed Name of Affiant State of Florida,County of 01��S I7JYJV +1-� On this I b day of A- , 20 before me, the undersigned Notary Public of the State of Florida,personally appeared and 17 (Name(s)of individuals who appeared before notary) whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. Jk� NOTARY PUBLIC, STATE OF FLORIDA AQ TARY PUBLIC RIKKILEE STOLLE SEAL OF OFFICE: EXPIRES February 01.2017 (�QT)3984153 Foam (Name of Notary Public:Print,Stamp,or Type as Commissioned.) This Farm Must Be Completed and Returned with your Submittal 18 CERTIFICATION OF NON-SEGREGATED FACILITIES FORM By affixing his signature to this form,the consultant certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The consultant certifies further that he will not maintain or provide for his employees any segregated facilities at any location under his control where segregated facilities are maintained. The consultant agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation and housing facilities provided for employees which are segregated by explicit directive,or are in fact segregated on the basis of race,color,religious disability or national origin, because of habit, local custom, or otherwise. The consultant agrees that (except where he has obtained identical certifications from proposed subService Providers for specific time periods) he will obtain identical certifications from proposed subService Providers prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended,relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor are incorporated herein. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.O. 1001. % r By: Tate_ .S--f� —06 c Bob Hughes Vice President and Principal Print Name Title Official Address: 1226 Tech Boulevard Tama Florida 33619 This Form Must Be Completed and Returned with your Submittal 19 PUBLIC RECORDS FORM All proposals are subject to the Florida Public Records Act, F.S. 119. The submission of a proposal authorizes release of your firm's credit data to the City of Winter Springs. Responsive proposals are "public records" and shall be.subject to public disclosure consistent with Chapter 119.07(3) (o), Florida Statutes. Vendors must invoke any exemptions to disclosure provided by law in the response to the proposal, and must identify the data or other materials to be protected, and must state the applicable statutory exemption for exclusion from public disclosure. Please list below any exemptions to disclosure as provided by law and sign and date the form where indicated.: If you are not claiming any Public Records Exemptions,please check the box below and sign and date the form where indicated. ®We are claiming no exemptions ', S Ven o S ature/Date This Form Must Be Completed and Returned with your Submittal 20 Attachment A (3) CONTINUING SERVICES AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW THIS AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES ("Agreement") is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), located at 1126 East State Road 434, Winter Springs, Florida 32708, and Quorum Services, LLC., a Florida Corporation, hereinafter referred to as ("Service Provider"), located at: 405 S. Dale Mabry Highway #241, Tampa, FL 33609 WITNESSETH: WHEREAS, City wishes to obtain Continuing Building Inspections and Plans Review Services (RFP 003/03/MS) for a limited time period; and WHEREAS, Service Provider participated in the selection and negotiation process; and WHEREAS, Service Provider is willing to provide such Continuing Building Inspections and Plans Review Services (RFP 003/03/MS), on an as requested basis, for the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 GENERAL PROVISIONS 1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. 1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and reasonable diligence consistent with sound professional practices. 2.0 TERM AND DEFINITIONS. 2.1 The term of this Agreement shall be for twelve (12) months, commencing on June 15, 2013 and terminating at midnight on June 14, 2014, unless either party chooses to exercise its rights under Section 20 "Termination". The parties shall have the option to extend the term of this Agreement for four (4) one-year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. The City Manager or the City Manager's designee (hereinafter "City Manager") shall review the performance of the Service Provider annually at least ninety (90) days prior to the Agreement's anniversary date. The City Manager shall recommend a one (1) year extension or termination. Should the Service Provider and City agree to extend the Agreement, the Service Provider may, if agreed upon AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) in writing by the City, be entitled to an increase in rates in an amount not to exceed one half (1/2) the change in the Consumer Price Index (CPI) for the most recently available twelve (12) month period for All Urban Consumers (CPI-U) for All Items, U.S. City average, published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982-84, or the successor index to same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. 2.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Service Provider to provide services approved by the City. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. C. "Service Provider" shall mean Quorum Services, LLC., a Florida Corporation, and its principals, officers, employees, and agents. d. "Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes. e. "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in this Agreement. All work under this Agreement shall be requested by the City on an `as- needed' basis. No work shall be performed under this Agreement unless requested by the City in advance. 3.0 SCOPE OF SERVICES Service Provider shall do, perform, deliver and carry out, in a professional manner, on an as requested basis, the type of services as set forth in the Scope of Services under Exhibit 1 - "Scope of Services" and fully incorporated herein by this reference, including but not limited to the furnishing of all labor, equipment, tools, materials, and incidentals. 4.0 AMENDMENTS AND MODIFICATIONS Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the City and the Service Provider, and may be implemented only after this Agreement has been amended in writing. The City reserves the right to make changes in the work, including alterations, reductions therein, or additions thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change, the Service Provider shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the City in writing if the contemplated change shall affect the Service Provider's ability to meet the completion dates or schedules of this Agreement. If the City so instructs, in writing, the Service Provider shall suspend work on that portion of the work affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall issue an Amendment to this Agreement or Change Order AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) and the Service Provider shall not commence work on any such change until such written amendment or change order has been issued and signed by each of the parties. 5.0 SCHEDULE 5.1 Service Provider shall perform services in conformance with the schedule reasonably established by the City. Service Provider shall complete all of said services in a timely manner and will keep City apprised of the status of work on a daily basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply with the schedule at no additional cost to the City. No extension for completion of services shall be granted to Service Provider without City's prior written consent. 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay Service Provider for services as requested, on an hourly basis, as detailed in Exhibit 2 — "VENDOR RATE/FEE SCHEDULE". If this Agreement is extended, the hourly rate paid to Service Provider shall not exceed the above mentioned number as set forth in paragraph 2.1 of this Agreement. 6.2 Additional Services. From time to time during the term of this Agreement, City may request that Service Provider perform additional Services not required under the Scope of Services. For those additional services agreed upon by the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal to that mutually agreed upon by the parties in writing. 6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its principals, employees, and independent professional associates and consultants in the performance of Work under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt and acceptance of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed. 6.4 Truth-In-Negotiation Certificate. Signature of this Agreement by the Service Provider shall act as the execution of a truth-in-negotiation certificate certifying that the wage and rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. 7.0 RIGHT TO INSPECTION 7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service Provider. 7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement. 8.0 AUDIT AND INSPECTIONS The Service Provider shall maintain records on the City's projects, in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. Said records will be available to the City during the Service Provider's normal business hours for a period of two (2) years after the Service Provider's final invoice for examination to the extent required to verify AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) the direct costs (excluding established or standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the City, the Service Provider shall reimburse the City for the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period from the original payment due date(s) to the payment by the Service Provider of all monies owed. 9.0 PROFESSIONALISM AND STANDARD OF CARE Service Provider shall do, perform and carry out in a professional manner all Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same or similar locality as Service Provider. 10.0 SUBMITTAL OF PROGRESS REPORTS Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to provide the agreed-upon Services. If the detail is not sufficient in the City's reasonable discretion to permit the City to determine the Work performed or the manner in which it is being performed, the City may seek more detail from the Service Provider. Service Provider agrees to provide that information within a reasonable time period. 11.0 WARRANTY OF PROFESSIONAL SERVICES The Service Provider (for itself and any of its employees, Service Providers, partners, and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its Service Providers, partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER Service Provider hereby represents and warrants to the City the following: a. Service Provider is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Service Provider has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Service Provider has been duly authorized by the board of directors and/or president of Service Provider. In support of said representation, Service Provider agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. Service Provider is duly licensed under all local, state and federal laws to provide the Scope of Services stated in paragraph 3.0 herein. In support of AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) said representation, Service Provider agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 13.0 WORK IS A PRIVATE UNDERTAKING With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider is an independent Service Provider and not an agent of the City. The Service Provider, its Service Providers, partners, agents, and their employees are independent Service Providers and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent Service Provider, between the City, on one hand, and the Service Provider, its Service Providers, partners, employees, or agents, during or after the performance of the Work under this Agreement. 14.0 PROGRESS MEETING City may hold periodic progress meetings on a weekly basis, or more frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City. 15.0 SAFETY Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guided or eliminated in accordance with the highest accepted standard of safety. Service Provider shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, Service Providers, and agents while performing Services provided hereunder. 16.0 INSURANCE Service Provider shall maintain in full force and effect during the life of the Agreement, Worker's Compensation insurance covering all employees in performance of work under the Agreement. Service Provider shall make this same requirement of any of its sub-contractors. Service Provider shall indemnify and save the City harmless for any damage resulting to them for failure of either Service Provider or any sub-contractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Service Provider agrees to maintain during the term of this Agreement: COVERAGE MINIMUM LIMITS General and Auto Liability $500,000 per person/incident $1,000,000 incident Professional Liability (if applicable) $1,000,000 Worker's Compensation Statutory Neither Service Provider nor any sub-contractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of "A", and a financial class of "VII" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms. The Service Provider's insurance policies should be endorsed to add the City of Winter Springs as an Additional Insured. The Service AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) Provider shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice have been given to the City by certified mail. 16.1 INSURANCE AND HOLD HARMLESS INDEMNIFICATION Hold Harmless Agreement - To the fullest extent permitted by laws and regulations Service Provider shall indemnify and hold harmless CITY and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work itself) including the loss of use resulting there from and (b) is caused in whole or in part by any negligent act or omission of Service Provider, any Sub-contractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. In any and all claims against CITY or any of their consultants, agents or employees by any employee of Service Provider, any Sub- contractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Service Provider or any such Sub- contractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Service Provider's Liability Insurance - The Service Provider shall not commence any work under this Contract until he has obtained all insurance required under this paragraph. Service Provider shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth which may arise out of or result from Service Provider's performance and furnishing of the Work and Service Provider's other obligations under the Contract Documents, whether it is to be performed or furnished by Service Provider, by any Sub-contractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. The insurance required by this paragraph shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. The comprehensive general liability insurance shall also include Contractual Liability Insurance applicable to Service Provider's obligations under the Hold Harmless Indemnification. All of the policies of insurance so required to be purchased and maintained (or the certificates or their evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to CITY by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when Service Provider may be correcting, removing or replacing defective work in accordance with the Contract Documents. Service Provider's General Liability Insurance shall include the CITY, and CITY's consultants as insured or additional insured which may be accomplished by either an endorsement of Service Provider's Comprehensive General Liability policy or by Service Provider's carrier issuing a separate protection liability policy. AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) 17.0 COMPLIANCE WITH LAWS AND REGULATIONS In the performance of work and services under this Agreement, Service Provider agrees to comply with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Service Provider, its employees, agents or sub- contractor, if any, with respect to the work and services described herein. 18.0 DOCUMENTS 18.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider and its independent Service Providers and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Service Provider. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider be open and freely exhibited to the City for the purpose of examination and/or audit. 18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service Provider under this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public Records Law. 19.0 ASSIGNMENT 19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of City. 19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts and/or omissions performed by the sub-contractor as if no subcontract had been made. 19.3 If City determines that any sub-contractor is not performing in accordance with this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy the situation. 19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any Work by the sub-contractor, Service Provider shall require the sub-contractor to provide City and its affiliates with insurance coverage as set forth by the City. 20.0 TERMINATION This Agreement may be terminated by the Service Provider upon thirty (30) days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the Service Provider. It may also be terminated by the City with or without cause immediately upon written notice to the Service Provider. Unless the Service Provider is in breach of this Agreement, the Service Provider shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, the Service Provider shall: AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) A. Stop work on the date and to the extent specified by the City. B. Terminate and settle all orders and sub-contracts relating to the performance of the terminated work. C. Transfer all work in process, completed work and other material related to the terminated work to the City or approved designee. D. Continue and complete all parts of the work that have not been terminated. 21.0 FORCE MAJEURE Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 22.0 GOVERNING LAW &VENUE This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be in the Middle District of Florida in Orlando, Florida. 23.0 HEADINGS 23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 24.0 SEVERABILITY 24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 25.0 INTEGRATION; MODIFICATION 25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. 26.0 THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) 27.0 PROHIBITION AGAINST CONTINGENT FEES Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 28.0 NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 29.0 ATTORNEY'S FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs, and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 30.0 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 31.0 DRAFTING City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 32.0 NOTICES Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Service Provider: Quorum Services, LLC. 405 S. Dale Mabry Highway #241 Tampa, FL 33609 Phone: (813) 514-6222 For City: City of Winter Springs Community Development Department, Building Division 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407) 327-1800 AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) Either party may change the notice address by providing the other party written notice of the change. 33.0 SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 34.0 INDEMNIFICATION 34.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate proceedings), directly or indirectly arising from: a. any default under this Agreement by Service Provider; b. any negligent act, omission or operation of work related to all Services performed under this Agreement by Service Provider, and its employees, principals, agents, independent Service Providers, and consultants. c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service Provider's and its employees, partners, Service Providers, and agents on the performance of the Services being performed under this Agreement; d. Service Provider's, and its employees, partners, Service Providers, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Service Provider's and its employees, partners, Service Providers, and agents performance under this Agreement; e. any fraud and misrepresentation conducted by Service Provider and its employees, partners, Service Providers, and agents on the City under this Agreement. 34.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Service Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners, employees, officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) 35.0 ORDER OF PRECEDENCE 35.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order: a. Addenda to this Agreement subsequent to the Effective date of this Agreement; b. This Agreement; c. Exhibits to this Agreement; and d. The Project Manual. 35.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. 36.0 AGREEMENT INTERPRETATION 36.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. 36.2 When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Service Provider uses the substitute. 37.0 NONDISCRIMINATION The Service Provider warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin, or physical handicap. 38. ARREARS The Service Provider shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Service Provider further warrants and represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement. 39. WARRANTY The Service Provider warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. 40. INDEPENDENT SERVICE PROVIDER The Service Provider agrees that it is an independent Service Provider with respect to the services provided pursuant to this Agreement, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Service Provider's sole discretion, supervision, and control. The Service Provider shall exercise control over the means and manner in which it and its employees perform the work; the City's AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. 41. NONWAIVER No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved by the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. 42. EXCLUSIVITY This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for the same or similar work being performed by the Service Provider hereunder. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. SERVICE PROVIDER: Name (Printed and Signed) Title Date CITY: CITY OF WINTER SPRINGS, FLORIDA A Florida municipal corporation KEVIN L. SMITH City Manager Date ATTEST: ANDREA LORENZO-LUACES, City Clerk AGREEMENT FOR BUILDING INSPECTIONS AND PLANS REVIEW SERVICES (RFP 003/03/MS) Exhibit 1 L Scope of Services The base scope of services includes but is not limited to the following: Licensing,Work and Equipment • Service Provider shall provide copies of each license granted to him/her by the State of Florida and will perform both plans review and inspections services, as required, related to the authority granted within such licenses. • Service Provider shall keep current all licenses necessary to provide the services required of this proposal. Licenses shall be issued by the Florida Department of Business and Professional Regulation (DBPR) and shall include, but not be limited to, licensing in plans review and inspections for the following disciplines: building, electrical,plumbing and mechanical. • Service Provider shall plan to be available to provide services between the hours of 6:OOam and 6:OOpm, Monday through Friday, as required by the City, and excluding City recognized holidays and scheduled career development days. Service Provider agrees that the number of hours provided hereunder shall be determined by the Building Official or his/her designee for the City of Winter Springs,based on the inspections and plans review workload at any given time. • Service Provider shall be available to provide inspections and/or plans review services under this proposal with a minimum of 4 hours notice from the City. Notice can be delivered via telephone, fax, email or text message to the Service Provider. • City agrees to pay Service Provider a minimum of 4 hours per request for service. • Service Provider shall provide all tools and equipment which are required to perform inspections and/or plans review services under this proposal. Equipment shall include but not be limited to: reliable transportation, fuel, cell phone(s), electronics, code books (most recent edition), ladder(s), supplies, and all required clothing and safety equipment. • Service Provider shall report directly to the City's Building Official or his/her designee for purposes of performing inspections and plans review services under this proposal. Inspections, Fees and Reports • Service Provider shall propose the hourly cost to provide the following types of services for work during normal business hours and for work after hours as follows: a) Florida Licensed Commercial Inspector (holding valid licenses in building, electrical, plumbing and mechanical). b) Florida Licensed Residential Inspector— minimum of 1&2 family dwellings (holding valid licenses in building, electrical,plumbing and mechanical). c) Florida Licensed Plans Examiner (PX) - (holding valid licenses in building, electrical, plumbing and mechanical). • Service Provider shall perform in a professional manner all services required by this proposal. • Service Provider shall submit written and/or electronic records and a progress report on a daily basis, as required by the City's Building Official or his/her designee, and as required by Ch. 1 of the Florida Building Code, to demonstrate in a sufficient manner what services were specifically performed and the results inspections that day. • All inspections shall be performed in a professional,workmanlike and timely manner as determined by the City's Building Official or his/her designee. • The City does not make a habit of `rolling'inspections;however, if an inspection needs to be re- scheduled the City's Building Official or his/her designee must approve this action. Terms and Conditions • The contract may be canceled in whole or part by the City or the Service Provider, upon giving at least (30) days written notice prior to cancellation; EXCEPT that non-performance on the part of the Service Provider will be grounds for immediate termination. Unless otherwise provided in said notice, all work being performed by Service Provider at the time of receipt of the notice shall immediately cease and no further work shall be provided by Service Provider under the agreement. • City reserves the right to require a change in personnel at the sole discretion of the Building Official, with or without cause, and at no additional cost or obligation. Service Provider shall honor the City's request to change personnel within 48 hours or the contract may be terminated by the City with 7 days written notice to Service Provider. • Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of the Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed. • The City reserves the right to require a background check and/or drug testing on all personnel, including principals and owners, who are provided to do work under the scope of this proposal. If the City is not satisfied with the results of any background check, the City shall have, at its sole discretion, the exclusive right to require Service Provide to provide an alternate without additional cost or obligation. Additional Services Additional work above and beyond stated scope of services may, from time to time, be requested by the City. All such additional work must be authorized by the City in writing. For all additional work,vendor is requested to provide a proposal which shall include a breakdown of the hourly rate which will be applicable, in determining the cost of these services, by major category and discipline of the employee; for these additional services, billing will be broken down into time per category by major task. Prior to accepting an assignment for additional work, you will be requested to provide a proposed fee for the task on a "not to exceed" basis prior to receiving authority to proceed. Exhibit 2 VENDOR RATE/FEE SCHEDULE Please include a breakdown of the dollar amount of and the basis for your fees as appropriate based on the folloWhIg categories(generally defined in Scope of Services). HOURLY Florida Licensed Commercial Inspector (Normal.Hours} $60-00 Florida Licensed Commercial Inspector (After Hours) $ 90.00 Florida Licensed,Residential Inspector (Normal Hours) S60-00 Florida.Licensed Residential Inspector (After Hours) $ 90.00 Florida Licensed Plans Examiner (PX) (Normal.Hours) S.6 0.GO Florida Licensed Plans Examiner (PX.). (After Hours) $90.00 Fee/Rate Schedule for any proposed additional services(above and beyond that stated in the base scope of services) that may be requested: Category/Discipline f Employee Hourl .Rate Bu:i.ldixtg Official .0o Damage Assessments $90. 00 For ati addUioaaf work,vendor is requested to provide at proposal which shall include a breakdowns of the hourly rate which will he applicable,in determining the cost of these services, by major category and disco*ne of employee for these additional services,hiffing tvift he brokers drum into fine per category by major task These fees nil/befxxed for the initial period of two years,and negotiated thereafter. Brior to accepting an assignmentfor additional work;you lull be requested to pro vide a proposed fee for the task on a"not to exceed"basis prior to receavinng authority to proceed This Form Must Be Completed and Returned With Your Submittal. 14 90 DISPUTES DISCLOSURE FORM Answer tlie: following questions by answer rrtg "YES" or "NO". If you answer "YES", please explain in the space provided,.please add a page(s)if additional space is needed. 1... Has your firm, ar any of its officers, received a reprimand,of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association.within the.lastfive(5)years'. NO 2. Has your film, Or any meittber of your firm, been declared in default, terminated.or removed from a contract or job related to the services..your firm provides in the regular course of business within the last five(5)years,) NO 3. Has your titan had filed against it or filed any requests for equitable adjustment contract claims or litigation in the past five(5)Years that is related to the services:your firm provides.in the regular course of business? 140 If"_yes, the:explanation must state the nature of the request for equitable adjustment, .contract claim or litigation;a brief description of ease:,the outcome or status of suit and the monetary amounts or r extended.contract time involved. 3 I hereby certify that the,statements contained herein are trice. I agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for disqualification of the submittal,immediate:cancellation of any contract with the City that might arise from the representations contained herein, and forfeiture.of rights for further consideration for work in the City of Winter Springs. Film: �or u services tC,,, ....._._� l� 1 Name/Title: 50LC,14 Authorized Signature/Date: �' l This Foram Must Be Completed and Returned with your Submittal 1.1 ! i 91 i INSURANCE REQUIREMENTS FORM 1. The vendor shall be required to provide to the Building Official, prior to signing a contract for or commencing any world a Certificate of Insurance which verifies;coverage in compliance with the requirements outlined below. Compliance of said certificate must.be acknowledged by the Building.©f£cial prior'to start of work. Any work initiated without completion of this requirement shall be unauthorized and the City of Winter Springs will not be responsible. 2. The City of Minter Springs reserves the right to require.coverage and limits as coiasidered to be in its best interests. Insurance:requirements shall be on a case by case basis determinedby the project,.conditions and expa-'ure. 3. Except for Professional Liability and Workers Compensation Policies,when required,all policies are to be endorsed to include the City of Winter Springs as Additional Insured. In the cancellation cruse the number 1130° shall be inserted into the blank space provided:prior to the words"days prior notiee--". All vendor policies are.to be considered primary to City coverage and:shall not contain co-insurance provisions. 4. In the event tbat the insurance coverage expires prior to the..completion of services,a.'renewal certificate shall be issued 30 days priorto said expiration state. 5. Subvendors.or sub-Service:Providers.retainedby the primary vendor are.the responsibility of said primary-vendor i72 all respects: 6. Insurance requirements: q0 VERAGExEQuzxPD NffNTMUMPgi:1CYLIlvIIn Werkas'Compensation Stamtary Qumm.rcialGeneral.Liabdity inclu&ngCgntrachtalYjability,Prndwctsand $1,000,000.occurrence Completed Qpemilons,XCU and Owners¢ dSe?yrce 2?mwdsrsPrJotecti Corrupter''Wsive Ant tiiability,C3L,:,sli4 itlel.de"imy,na,- $1.,0aQfT00 ESL Ri•bfessinrtal. $1,00O;OOt3[)c�rnence (NOTE:All limits are per occurrence and must include Bodily Injury and Properly Damage. Deductibles and self insured retentions must be approved by the City of Winter Springs,and all insurers must have an A.M.Best rating of at least A: vii..) i 7: Bonding Itequirecl: none This Submittal S.. Vencltir will be required to provide a certificate of insurance in, compliance with the above; within:four (4) Mays of notification of award with continuing:cov:erage;,without a break. t 9. I hereby certify that the insurance and bonding requirer;onv7 outlined,above shall be met as requited, if I am awarded a contract for the services specified herein. Finn: Quorum eryi,ces, LTC Name Z Title: 0%,40 . � -0"e>a 1 Authaiized Signature jDate. This Form Must Be Completed and Returned with your Submittal I i . 12 6 92 f FLORIDA STATUTES ON PUBLIC ENTITY CRIMES FORM THIS.FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATS. 1. This swom'statementis:submitted to the City of Winter Spin s by Shaun. Brooker on behalf of: Quorum Se rvi.i--es;, LLC whose business,address is 405 8, :Dale Mabry H'i_ghway #2,41. Fb 33609 Federal Employer Identification Number(FEIN). 2C-2.14:8530 or Social.Security#:of the person signing this s.fatemenits 2. I understand that a"public entity crime" as defined in Paragraph 287.133(1)(g),.17;3_means a violation of any state or federal law by a person with respect to and'directly related to the transaction of business with any public entity or with an agency,or political subdrvisioa of any other state or with the United States,including,.but nett limited:to, any bid or contract,for goods.or services,any lease for real pt-operty; or any contract for the comtrdction or repair of`a,public wilding.or public mark,involving antitrust;fraud; theft,bribery,collusion,.racketeering,conspiracy,or inaieiial misrepresentation., 3. 1 understand the "convicted" or "conviction." as defined in Paragraph 287.133(1)(b), F.S., means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indiUmcnt or information after July 1, 1989, as a result of a jury verdict, non jury trial,or entry of a plea of guilt or polo eontendero. 4., 1 understand.that an"afFrliate"as defined in:Paragraph 287.133(1.):{a),F.S.,moans: A predscessor or successor of a`person convicted of a public entity crime or an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a°public amtety? crime, The term `a bate" includes those officers, directors3.executives, partners, shareholders; employees; members, and agents who are active in the'management of an affiliate. The ownership by one person of sharer constituting a controlling interest in.another person, nr a pooling of equipment or income among persons when not fair market value under an arm's length agreement, shell be a prima facie ease that one person controls another person. A.person who knowingly enters into a joint venture with a person:who has been convicted of a public'entity crime in Florida during the preceding 36 months shall.b be considered an affiliate. 5. I understand that a"person" as defined in Paragraph 28.7:133(1)0), F.S.,means any natural person or entity organized under'the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let;by a public entity, or which otherwise 13 93 i tramacts.or.applies to-transact Business:with a public:entity, The term `person' includes those officers, directors, executives, partners, 'shareholders, employees, members, and agents who are active in management of an entity. 6_ Based. on information and belief,;the-statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate:which statement applies_) Neither the entity submitting this sworn statement, nor any of its officers; director, executives, partners, shareholders, employees,members,.or agents who are active in the management of the entity,nor any affiliate of the entity were charged with and convicted of a public entity crime:afi•er July 1„1989.. --The entity submitting this sworn statement, or one or more of the officers, directors,executives; partners, sltarehtolrleis, employees,mexditrers; or agents vNlia are active in the man.ageittent of the entity or any afffiliaw of the entity was charged,with and convicted of a public entity crime after July 1, 19$:9. The entity submitting this sworn statement; or one of its officers; directors; executives, partners;. shareholders, ernployces, members, or agents who are active in the management•of the entity, or any affiliate of the entity was charged.with.and convicted of a public entity crime subsequent to.July 1, 1989_ however, there has been a subsequent proceeding before a 'hearing Officer of the State of Florida, Division of Administrative Hearings and the.final Order entered by the Hearing.Officer ileteirnined that it € t was not in the politic interest to place the entity submitting this sworn statement oil the convicted vendor list. (Attach a copy of the final ordet.) I;understand that the submission of this form to the City of Winter Springs is for the City of Winter �. Springs only, and that this from is valid thzough December 31, 2014. 1 also understand that I am required to inform the City of Winter Springs prior to entering into a contract iii.excess of$25„000 of any change in the information contained in this form. S Krure D k E State of Florida County of On this day of -0 2d: before me; the undersigned Notary Public of the.State of orida,personally appeared (Nante(s)of'individuals who.appeared before notary) Whose name(s)is/are Subscribed to the:within instrunienta and he/she/they acknowledge that he/she/they executed it. Sworn to and.subscribod before me this 1 14 94 _ � day of O&M 20 Notary Pubhc My Comm issian expires: Personally Known Produced Identification- "' MICHELLE ST',AHL,GREN (type) My COMMISSON#EE1 BM75 EXPIRES dune 13.2016 Did take an Oath �qp7)39e Ov53 ° ' Did Not tale an Oath This Form Must Be Completed.and Returned with your Submittal is 95 1 � } { f,�E t DRUG-FREE WORK PLACE FORM The undersigned,in accordance with Florida Statute.2$:7.087 hereby certifies that the company named below does: L Publish a statement zjotifying employees that the unlawful manufacture,distribution,. dispensing; possession; or use Of a;.controlled substance is prohibited in the workplace: and specifying the actions that will be takcn aaist employees fcirzriolatiotis of such prohibition_ 2. Infornx employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a cling;free worl place;any available drug;counseling;rehabilitation,and employee assistance piog rams,and-ihte penal ties~fhat may be imposed upon.employees for drug abuse violations. i i 3. Give each employee engaged in providing the commodities or contractual senlices that are proposed a copy of the statement specifier]:in subsection(1). E 4. In the statement specified in subsection(1),notify the employees that,as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any convioti.oiri of, or plea of guilty or polo contendere to, any violation of Chapter 893 or of any controlled substance law of the United S.tatus:or any state, for a violation iE oecurring in the workplace no later than five(5)days alter such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug.abuse assistance or .e relabilitation. program if such.is available in the employee's eoir munity,by any employee Who.is so convicted_ ! 6. Make a good faith effort to continue to maintain a drug:free workplace through implementation of this section., is Firm: QitOrum Se 'iCes, LLC I Name T Titles wad 131a►O c Authorized Signature I Date, , .511 113 This Form Must.Be Completed.and Returned with your Submittal 96 I CONFLICT OF INTEREST STATEMENT 1. Shaun. Brooker of Quarunt Services deposes and states that Name of AM ant Name:of Company' the above named entity is submitting a proposal to the City of Winter Springs for the projectidentified above. 2: 1'hc Affiant has made.diligent inquiry and provides the information contained in this Affidavit based upon his own Knowledge.. 3. The Affiant states that only one submittal for the.above:_prgject'is:being::subrr3 ited;and that the above named entity has,no financial interest in other entities submittiirg,,gi ificati ons for the same.services_ 4. Neither the Affiant nor' the above harried entity lies directly or'indriectly eaitezod into any agreemera, participated in any collusion, or otherwise tAen.any action in restraint of free competitive pricing in connc:ctirxi with the..entity's submittal for the above project_ this statement restricts the discussion of pricing data until the completion of negotiations and execution oftl e Agreement for this project_ 5. Neither the entity nor its affiliates; nor anyone associated with them; is presently suspended or otherwise ineligible from participating in contract lettings by any local,state;or federal agency; F. Neither the entity,nor its affiliates, nor anyone associated with them have xiy potential conflict of interest clue to any other clierits,conttacts,or property interests far these.services. 7. 1 certify that no member of the entity's:ownership,nranag;rmunt, or staff has a vested interest M any aspect'of or department of the City of Winter Springs. 8.1 certify that no member of the entity's ownership or management is presently applying for an employee:position or actively seeking an elected position.with City of Winter Springs. 9. In the event that a conflict of interest is identified.in the provision of services,1, on behalf of the above named entity;, ixnrete' tely na the City of winter Springs m writing. s� f� Signature of APfiant Dat Managing Member, Shaun Brooker Title Typed or Printed Name of Afflant State of Florida, County of rCu K On this _�`t ' ` day of � 20 3. before me,,the undersigned Notary Public of the State of Florida,personally appeared —' Shaun Brooker and l7 97 (Na(ne(s)of individuals.who aNvcaredbeforenotary) whose name(s)is/are subscribed to the within instrument,.and helshe/they acknowledge that helshc/they executed it. IVITNESS my hand and official seal_. . i NOTARY PUBLIC,STATE OF FLORIDA NOTARY PUBLIC E SEAL OF(7F`I'ICE.= � € MICHELLE STAHLGREIe# OSSION 0 EiSfi{}T5 (Name ofNotaryPublic; i Cype #�•�i� € (Ii3 3tit53 FlWgkaPdDtPoly3edV3caAlNn i i S Thin Form Must.Be Completed and Returned with your Submittal 18 98 CERTIFICATION OF NON-SEGREGATED FACILITIES FORM By affixing his signature to this form;the consultant certifies that,he does not maintain or provide for his employees any segregated facilities at.any of his establishments...and that he. chess trot.permit lus employees to.perform their services: at any location, under his control, where segregated.facilities are riiairdained.. The consultant certifies further that he wR1 not maintain or provide for Ms employees airy segregated facilities at any location corder his control where:segregated facilities are.maintained, The:consultant agrees that a breach of this certificat ati will be a violation of the Equal Opportunity clause in.any contract:resulting from acceptance of,this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms; work areas, restroo ris and washrooms, restaurants and other eating areas, time clocks,locker rooms. and other storage and dressing areas; parking lots,. drinking fountains; recreation or:entertainment area, transportation and housing.facilities provided for employees which arc segregated by explicit directive; or are in fact segregated on the basis ofrace, color,religious disability or national origin, because of habit, local custortr; or otherwise. Me, consultant agrees that(except where he has obtained identical certifications from proposed subService Providers or specific time .periods) he will obtain identical certifications from proposed subService Providers prior to the awaird of subcontracts exceeding 510,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files_ The nondiscriminatory guidelines as promulgated in Section 202, Executive Carder 11246, and as amended by Executive Order 1 B75 and.as amended,relative to Equal Opportunity for all persons and implementatiom of rut" and regulations prescribed by the:United States Secretary. of Labor.are incorporated.herdin. NOTE. The penalty for making false statements'in offers:is prescribed.in 1.8'U&C, 1001_ By:� Dater Print Name "Title Official Addresar 405 S- Dale Mabry Highway #241 Tampa, FL 33609 This Farm. Must Be Completed and Returned with your Submittal 19 99 7 PUBLIC RECORDS FORM All.proposals are subject to the Florida Public Records Act, F.S. 119 The submission of a proposal. authorizes release of your firm's credit data to the City of Winter Springs. Responsive p' pxopasals are "public records" and shall be subject to public..disclosure consistent. with Chapter 119.47(3) (o),.Florida Statutes. Vendors must invoke any exemptions to disclosure provided by law in the response to the proposal, and inust.ide.ntify the data or other materials to be protected,. and must state the: applicable statutory exemption. for exclusion from public [ disclosure.. Please list below a.ny.exemptions to disclosure as provided by law and.sign and plate the four where indicated:; If you are not:claiming any.Public Records Exemptions,please check the box below and sigir.and date the form where indicated. E. El We are claiming no exemptions Vendor Signature/Date This Farm Must.Be Co:rupleted and Retu rne.d with your Submittal i 20 i f 100 t From:Michael Scheraldi Serrt: Monday,April 22,2013 8:15 AM To: Steven Richart Subject: RFP Claudia Bulgr n of Booth;Ern,Straughan&Hiott, Inc:has requested the fc?Ijowir g clarifications as it pertains to"The City of Minter Springs RFP#2023-o1-ms-Building Inspection Contract ServFces". 1. Does the City have an eidsUng contract with an outside firm for these.services If sir, is it possible to obta€n a. copy of that contract? YES,we are currentlycontracting with GFA International, Please find attached a copy of the contract. 2. What are the anticipated hours perweekthe.City expects to outsource? That depends an work Load.The city cannot guarantee m'inimu'm hours. In the past 6 months we have contracted an average of 24 to 60 hours per week.Contractor assistance will be requested on an as needed basis:. 3. What are the anticipated hours per month the City expects to outsource? Again this depends on work load.In the past 6 months we have contracted an average of 95 to 238 hours per vueek, 4. What are the anticipated hours for plan review services versus field Inspect-1bns? We have not used the plates review services to date but again the need will be warranted by Work load. S:: On.page 10,the RFP asks that we list Fee/Rate Schedule for any proposed.additional services(above and beyond that stated in the base scope of services):that maybe requested". What-additional services dries the City anticipate? An example of work we would consider to be above and beyond that stated.would be damage assessment after a natural or manmade disaster- Respectfully, Michael J. Scheraldi Building Official City of Writer Springs 1 126 E Sly 434 Winter Springs, Fl. 32708 (417) 327-5974 (407) 327-7556 Fax mscheraldiO%vintorspringsll.orq GREAT OPPORTUri7InES TO HELP OTHERS SELDOM CODE',BUT SMALL ONES SURROUND US EVERYDAY.-Sa11y Koch x 101 Attachment 'B' - Bid Tabulation CITY OF WINTER SPRINGS, FL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-1800 RFP 003/03/MS Building Inspections and Plans Review Contract Services Called By: Jacob Wright,Acting Building Official ITB Opened: 3:00 PM ITB Closed: 3:21 PM ** Indicates lowest cost Date: May 16,2013 Witness: Christina Garred,Permitting GFA International Inc Commercial Inspector(per hour)$57 ** 521 NW Enterprise Drive Residential Inspector(per hour) $57 Port St.Lucie,FL 34986 Plans Examiner(per hour)$64 Phone 772.924.3575 Building Official (per hour) $N/A Nova Engineering and Environmental LLC Commercial Inspector(per hour)$59 1226 Tech Blvd Residential Inspector(per hour) $52.50 ** Tampa,FL 33619 Plans Examiner(per hour)$59 ** Phone 813.623.3100 Building Official (per hour) $N/A Universal Engineering Sciences,Inc Commercial Inspector(per hour)$80 3532 Maggie Boulevard Residential Inspector(per hour) $70 Orlando,FL 32811 Plans Examiner(per hour)$90 407.423.0504 x 23023 Building Official(per hour)$N/A Quorum Services Commercial Inspector(per hour)$60 405 S.Dale Mabry Highway#241 Residential Inspector(per hour) $60 Tampa,FL 33609 Plans Examiner(per hour)$60 Phone 888.811.1819 Building Official(per hour)$80 ** PDCS,LLC. Commercial Inspector(per hour)$65 3361 Rouse Road,Suite 210 Residential Inspector(per hour) $65 Orlando,FL 32817 Plans Examiner(per hour)$65 Phone 407.277.9795 Building Official(per hour)$85 Page Two Booth,Ern,Straughan&Hiott,Inc. Commercial Inspector(per hour)S68 350 N.Sinclair Avenue Residential Inspector(per hour) S68 Tavares,FL 32778 Plans Examiner(per hour)S68 Phone 352.343.8481 Building Code Admin. (per hour)S90