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Home My WebLink AboutPDCS, LLC - Residential and Commerical Plan Review and Inspection Service Agreement Extension 2013CITY OF WINTER SPRINGS urea Community Development Department, Building Division X9`9 1126 East State Road 434, Winter Springs, FL 32708 Telephone (407) 327 -1800 Residential and Commercial Plan Review and Insnection Services Agreement Extension Original Agreement Period: May 27, 2013 thru August 27, 2013 Extension Period: August 28, 2013 thru September 30, 2013 Vendor: PDCS, LLC. TERMS The City of Winter Springs has elected to extend the abovementioned agreement, included with this extension as Attachment 11', for an additional 34 day period. Agreement extension shall be from August 28, 2013 to September 30, 2013 and bound by all covenants, conditions, and addenda of the original agreement. Base costs shall not exceed service rates detailed in the Agreement - Attachment'1', Exhibit "A ". AGREEMENT This extension is accepted according to the following: Steven T. Dlgltally signed by Steven T. Richart D N'. cn= Ste�er�. T. Richart, o= Division Manager, au=.communiry Devebomenc R i e h a rt 11ich m 16srU08'.2 NIJ9:pnngsft' c =US Date: 2013.'.)8.29 U9.]9:U6 -0000' Signature City of Winter Springs Steven T. Richart, Division Manager Attachment '1' AGREEMENT BETWEEN OWNER AND CONTRACTOR This Agreement, made and entered into on May 27, 2013, by and between the CITY of WINTER SPRINGS, (hereinafter referred to as the "CITY" or "O'WNER ") and PDCS, LLC (hereinafter referred to as the "CONTRACTOR ") under seal for residential and-commercial plan review and inspection services for the CITY and the CONTRACTOR hereby agreeing as follows: WITNESSETH In consideration of the mutual covenants and promises contained herein, CITY and CONTRACTOR (the "PARTIES ") hereto agree as follows: Section 1— Term — This Agreement shall be deemed to commence on May 27, 2013, and upon issuance of a Purchase Order by the CITY to the CONTRACTOR. This agreement shall expire on August 27, 2013. Section 2 — Scope of Services -- The CONTRACTOR shall provide residential and commercial inspections for compliance with the Florida Building Code, State Statues, and local ordinances. The CITY shall assign residential and commercial inspections, to the CONTRACTOR and other work or inspections as determined by the Building Official or his designee. The CONTRACTOR shall provide residential and commercial plan review for compliance with the Florida Building Code, State Statutes, and local ordinances. Any additional services will be assigned to the CONTRACTOR on an as needed basis as determined by the Building Official or his designee. All work shall be performed in accordance with generally accepted professional standards. Section 3 — Compensation — For the Services in Section 2 to be performed, the CITY agrees to pay the CONTRACTOR according to Exhibit "A" attached hereto and made a part of. The flat rate listed in Exhibit "A" includes all expenses. Invoices must be kept current for services to continue. Section 4 — Laws, Permits and Regulations — Prior to the performance of any work hereunder, the CONTRACTOR shall obtain and pay for all licenses as required for performing the services of this Agreement, CONTRACTOR shall at all times comply with all appropriate laws, regulations and ordinances applicable to the services provided under this Agreement. Section 5 — Non - Assignment — The CONTRACTOR shall not assign, sublet, or subcontract all or any part of this Agreement without prior written consent of the CITY, which consent shall not be unreasonably withheld. Section 6 — Notices — Except as otherwise provided herein, all notices and other communications provided for hereunder shall be in writing and sent by certified mail, return receipt requested, or by hand delivery, and shall be deemed effective if mailed when deposited in a United States Postal Service mailbox with postage prepaid or if hand delivered, when personally handed to the Party to whom the notice of other communication is addressed, with signed proof of delivery, The CITY'S and the CONTRACTOR'S representatives for notice purposes are: 4 CITY hlid;fls PIKS llliti:iis CONTRACTOR: PDCS, LLC 3361 Rouse Road, Suite 210 Orlando, FL 328 t 7 CITY: City of Winter Springs Kevin Smith, City Manager 1126 East State Road 434 Winter Springs, FL 32708 Section 7 — Amendments — This Agreement may only be amended by mutual written agreement of both PARTIES. Section 8 — Indemnification. — The CONTRACTOR shall indemnify, defend, and hold harmless the CITY, its officers, employees, and agents from and against any and all suits, claim, losses or liability or actions of every name and description, including attorney's fees and costs, brought against the CITY based on personal injury, bodily injury (including death) or .property damages received or claimed to be received or sustained by any person or persons, including CONTRACTOR'S own employees, arising from or in connection with any negligent act, omission, or failure of the CONTRACTOR or its employees, officers, or agents in performing the services set forth herein. Section 9 — Insurance — See insurance requirements in Exhibit "B" attached hereto and incorporated herein. Section 10 — Independent Contractor — In the performance of this Agreement, the CONTRACTOR will be acting in the capacity of an independent Contractor and not as an agent, employee, partner, joint venture, or associate of the CITY and as such, shall have no authority to bind the CITY. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures utilized by the CONTRACTOR in the full performance of this agreement as well as all expenses and costs incurred by CONTRACTOR. Section I1— City Responsibility — The CITY will notify the CONTRACTOR in writing, within thirty (30) calendar days of any change in the service. Section 12 — Default/Termination — This contract may be terminated without cause, by either Party, by providing the other Party a notice not less than thirty (30) calendar days before the termination. A default of any provision of this agreement may result in the termination of this agreement for cause. The Party alleging default shall provide the other Party, alleged to be in default, a written notice describing the alleged default, and provide no less than fifteen (15) calendar days to cure the default. Failure to cure the default within the time prescribed, as evidenced by a written notice, shall result in immediate termination of the agreement. Section 13 — Timely Performance — All work will commence upon authorization from the CITY'S authorized representative. All work will proceed in a timely manner. CITY hiitiMs _ -- lidthos PDCS Section 14 — Claims and Disputes — All claims, disputes, and other matters in question arising out of, or relating to, this agreement or the breach thereof shall be resolved in the County or Circuit Court of Seminole County, Florida, and all PARTIES hereto specifically waive any venue privileges they may have in any other jurisdiction. The prevailing party in any litigation arising out of this agreement shall be entitled to recover from the losing party all cost and expenses, including reasonable attorney's fees, at the trial court and appellate court level, incurred by the prevailing party in enforcing its rights hereunder, this provision not to be construed as a waiver of the sovereign immunity of the CITY. Section 15 — Access to Data /Software — CITY agrees to provide access to building permit data needed by CONTRACTOR to fulfill its inspection and plan review obligations, and to provide the necessary licenses of the permitting software used by CITY for building permit inspections and plan review, without cost to the CONTRACTOR. IN WITNESS WHEREOF, COUNTY AND CONTRACTOR have executed this Agreement as of the day and year first above written. ATTEST: ATTEST;_ Name: Winter Springs City Manager Name, c , sle4 tZq PDCS, LLC Michael S Kraftsow, Managing Partner CITY biti;Os YI?C S luittais Exhibit "A" PDCS, LLC. Service Rate • Licensed Plans Examiner, Residential and/or Commercial $65.00/hour • Inspection Services Residential and/or Commercial $65.00/hour • Supplemental Inspection Services (at Request of County) $65.00/hour • Building Code Administrator $85.00/hour Supplemental Inspection and Plan Review Services are those based on specialized need, as determined and requested by the City's Building Official. Overtime (over 8 working hours in one day) and/or weekend rates are 1.5 times the listed rates. Holiday (CITY) rates are 2.0 times the listed rates with a two hour minimum. All travel and expenses are included in the listed standard rates. No additional charges for travel or expenses. The hourly rate shall not apply until the CONTRACTOR arrives at the CITY offices or the first Inspection. The hourly rate shall not be paid by the CITY after the CONTRACTOR leaves the last Inspection or the CM Office. �� CITY 1n4ti3Os Exhibit "I3" LNSCTRANCE REQUIREMENTS The Contractor shall maintain, on a primary basis and at its sole expense, at all times during the life of this contract, or the performance of work hereunder, the following insurance coverage's, limits, and endorsements described, herein, The requirements contained herein, as well as the City's review or acknowledgement, is not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this contract Financial Rating of Insurance Com amens All insurance companies must have financial rating of A- or higher by A.M. Best. Commercial General Liability The Contractor shall maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence and $2,000,000 Annual Aggregate. The coverage shall not contain any endorsement(s) excluding nor limiting Product /Completed Operations, Independent Contractors, Broad Form Property Damage, X -C -U Coverage, Contractual Liability or Cross Liability. The self insured retention or deductible shall not exceed 525,000. Business Automotive Liability The Contractor shall maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. In the event the Contractor does not own automobiles, the Contractor shall maintain coverage for Hued & Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Worker's Contoensation Insurance & Employers Liability The Contractor shall maintain its own Worker's Compensation Insurance & Employers Liability in accordance with Florida Statue Chapter 440. Professional or E &O Liability The Contractor shall maintain a Professional Liability or E &O policy at a limit of liability no less than $1,000,000. The Contractor shall endorse the City as an "Additional Insured" on the Professional and/or E &O Liability. Additional insured The Contractor shall endorse the City as an Additional Insured on the Commercial General Liability with a CG2010 Additional Insured — Owners. Lessees or Contractors. or CG2026 Additional Insured — Owners Lessees or Contractors — Scheduled Person or Oruanization endorsement, or similar endorsement providing equal or broader Additional Insured coverage. Deductibles Coinsurance Penalties & Self - Insured Retention The Contractor shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, coinsurance penalty, or self- insured retention; including any loss not covered because of the operation of such deductible, coinsurance penalty, self-insured retention, or coverage exclusion or limitation. For deductible amounts that exceed the amounts stated herein that are acceptable to the City, the Contractor shall, when requested by the City, maintain a Commercial Surety Bond in an amount equal to said deductible amount. CITY Initlak