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HomeMy WebLinkAbout2012-044E r 8 ttE. . INDIAN RIVER COUNTY .. �, - COMMUNITY DEVELOPMENT DEPARTMENT HOUSING PROGRAM INSPECTION SERVICES AGREEMENT THIS AGREEMENT , entered into this day of ( �,, r 2012 by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida , hereinafter referred to as " COUNTY" , and Schulke , Bittle & Stoddard , LLC hereinafter referred to as " HOUSING INSPECTOR " . WITNESSETH That COUNTY and HOUSING INSPECTOR , in consideration of their mutual covenants , herein agree with respect to the performance of HOUSING INSPECTION services by HOUSING INSPECTOR and the payment for those services by COUNTY , as set forth below and in individual Work Orders . This agreement shall be referred to as the " MASTER AGREEMENT" under which future Work Orders will apply . HOUSING INSPECTOR shall provide COUNTY with housing inspection services and such other related services as defined in specific Work Orders , in all phases of each project . HOUSING INSPECTOR shall serve as COUNTY ' s professional representative for the services as set forth in each Work Order , and shall give housing inspection advice to COUNTY during the performance of the services to be rendered . SECTION I — PROJECT LIMITS Project limits shall be identified in individual Work Orders prepared by COUNTY and submitted to HOUSING INSPECTOR , Each Work Order will be formally approved by the County Community Development Director or his designee prior to a NoticeAo - Proceed being issued . Basic services required of HOUSING INSPECTOR for the project will be described in other appropriate sections of this Agreement and in individual Work Orders . SECTION II — COUNTY OBLIGATIONS COUNTY agrees to provide the following material , data , or services as required in connection with the work to be performed under this Agreement A . Provide HOUSING INSPECTOR with a copy of any pertinent preliminary data such as site location address and owner information or any other reports available to COUNTY . B . Provide HOUSING INSPECTOR with all reasonably available drawings , surveys , maps , and other documents in the possession of COUNTY that are pertinent to the project . C . Make all provisions for HOUSING INSPECTOR to enter upon public or private property as reasonably required for HOUSING INSPECTOR to perform his services . Page 1 of 1 1 SECTION III — SCOPE OF SERVICES HOUSING INSPECTOR agrees to perform all necessary INSPECTION services and other pertinent services in connection with the assigned project as agreed to by the parties and as set forth in each Work Order and as set forth in the following : A . General 1 . HOUSING INSPECTOR shall not duplicate any previous work done on any project . Before issuance of a Work Order and written authorization to proceed , HOUSING INSPECTOR shall consult with COUNTY to clarify and define COUNTY ' s requirements for the project and review all available data . 2 . In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement , HOUSING INSPECTOR shall : a . Complete work on the project within the time allowed by maintaining an adequate staff of certified inspectors and other employees on the Work at all times . b . Comply with all federal , state , and local laws applicable to this project ( s ) . HOUSING INSPECTOR ' S work product shall conform with all applicable federal , state and local laws applicable to this project ( s ) . c . Cooperate fully with COUNTY to ensure that all phases of the work are properly scheduled and coordinated . d . Provide a project status report to County SHIP staff upon request and hold all drawings , electronic files , calculations , and related work open to the inspection of COUNTY at any time , upon reasonable request . 3 . All documents furnished to HOUSING INSPECTOR by COUNTY pursuant to this Agreement are and shall remain the property of COUNTY , and shall be delivered , upon request , to COUNTY upon completion of the work . All items prepared by HOUSING INSPECTOR shall be created , maintained , and provided in the format as specified by COUNTY in each individual Work Order . 4 . Compensation to HOUSING INSPECTOR for inspection services shall be in accordance with each Work Order , and shall be a lump sum as mutually agreed upon by HOUSING INSPECTOR and COUNTY . HOUSING INSPECTOR shall provide the completed price quote form ( Exhibit A) for each Work Order to COUNTY . Be Scope of Work For Each Inspection Project : 1 . HOUSING INSPECTOR will visit the house for an initial inspection to determine if the house is structurally sound and if it can be rehabilitated , and to determine generally what needs to be done to rehabilitate the housing unit . Page 2 of 1 1 2 . After receiving work order for inspection services from COUNTY , HOUSING INSPECTOR will perform a detailed inspection , prepare a detailed work write- up (work done must meet the county ' s Local Housing Assistance Plan requirements , as well as requirements of the Minimum Standards for Rehabilitation of Residential Properties ) , prepare a cost estimate , and submit the work write up and cost estimate to county staff. HOUSING INSPECTOR is prohibited from providing his cost estimate to anyone except county staff prior to bid opening . 3 . HOUSING INSPECTOR will conduct a pre- bid walk-thru for rehabilitation contractors interested in bidding on the project 4 . HOUSING INSPECTOR will review bids submitted for the project and provide comments to county staff. 5 . HOUSING INSPECTOR will review and approve any change orders submitted for the project . 6 . After the rehabilitation contractor completes the job , HOUSING INSPECTOR will visit the job and prepare a punch list of unfinished items . 7 . When there is a request for payment , HOUSING INSPECTOR will inspect the work and determine if the job was done satisfactorily . 8 . HOUSING INSPECTOR also will take before and after digital pictures and provide those pictures to the county . SECTION IV — TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order . SECTION V — COMPENSATION Housing Inspector must submit price quote for each inspection project . Housing Inspector with the lowest quote will be chosen to perform the housing inspection services for the project . COUNTY agrees to pay , and HOUSING INSPECTOR agrees to accept , for services rendered pursuant to this Agreement , fees in accordance with the following : A . Professional Services Fee - The basic compensation shall be mutually agreed upon by HOUSING INSPECTOR and COUNTY prior to issuance of each Work Order , and shall be detailed in the completed price quote form ( Exhibit A ) for each Work Order , SECTION VI — ADDITIONAL SERVICE WORK Additional service work occurs when COUNTY requests changes after it has formally approved a Work Order . Additional service work shall not commence until a Page 3 of 11 Work Order for the additional work has been formally issued by the County Community Development Director or his designee , and the additional service work shall be performed in accordance with the fee schedule set forth in that Work Order . SECTION VII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS BEEN EXECUTED If the project scope is changed after a Work Order has been executed , such work for the changed project scope shall be the subject of a Supplemental Work Order formally approved by the Community Development Director or his designee and executed by HOUSING INSPECTOR , SECTION VIII — PAYMENTS COUNTY will make a lump sum payment once the inspection services have been completed . Once an inspection service has been completed , a request for payment shall be submitted to the COUNTY . SECTION IX — RIGHT OF DECISIONS All inspection services shall be performed by HOUSING INSPECTOR to the satisfaction of the County Community Development Director or designee who shall decide all questions , difficulties , and disputes of whatever nature that may arise under or by reason of this Agreement , according to the prosecution and fulfillment of the service hereunder , and the character , quality , amount and value thereof . COUNT- Y ' s decision upon all claims , questions , and disputes shall be final , conclusive , and binding upon the parties hereto , unless such determination is clearly arbitrary or unreasonable . Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the County Community Development Director or his designee . If HOUSING INSPECTOR does not concur in the judgment of the County Community Development Director or his designee as to any decisions made by him , it shall present its written objections to the County Community Development Director and subsequently the County Administrator , who shall make a final decision , and HOUSING INSPECTOR shall abide by the County Administrator' s decision , unless the decision is clearly arbitrary or unreasonable . SECTION X — OWNERSHIP AND REUSE OF DOCUMENTS A . Ownership and Copyright : Ownership and copyright of all reports , tracings , plans , electronic files , specifications , field books , maps , contract documents , and other data developed by HOUSING INSPECTOR pursuant to this Agreement , shall be vested in COUNTY . Said materials shall be made available to COUNTY by HOUSING INSPECTOR at any Page 4 of t 1 time upon request of COUNTY . On or before the tenth day after all work contemplated under this Agreement is complete ; all of the above materials shall be delivered to the Community Development Director or his designee . B . Reuse of Documents : All documents , including but not limited to inspection reports , drawings and specifications , prepared by HOUSING INSPECTOR pursuant to this Agreement , are related exclusively to the services described herein . These documents may be reused by COUNTY or others on extensions of this project or on any other project . COUNTY ' s reuse of any document or drawing shall be at COUNTY ' s own risk . COUNTY shall not hold HOUSING INSPECTOR liable for any modifications made to the documents by others . SECTION XI — NOTICES Any notices , reports or other written communications from HOUSING INSPECTOR to COUNTY shall be considered delivered when posted by certified mail , or transmitted electronically , or delivered in person to the County Community Development Director or designee . Any notices , reports or other communications from COUNTY to HOUSING INSPECTOR shall be considered delivered when posted by certified mail , or transmitted electronically to HOUSING INSPECTOR at the last address left on file with COUNTY or delivered in - person to said HOUSING INSPECTOR or its authorized representative . Hard copy of any notices must be sent to the following addresses set forth herein : Robert M . Keating , AICP Community Development Director 1801 27th Street Vero Beach , FL 32960 772 - 226 - 1246 Fax : 772 - 978 - 1806 bkeating c(Dircgov . com Schulke , Bittle & Stoddard , LLC 1717 Indian River Blvd , Suite 201 Vero Beach , FL 32960 772 - 770 - 9622 Fax : 772 - 770 - 9496 info@sbsengineers . com SECTION XII — TERMINATION Termination ( Cause and /or Convenience ) A . This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party , Page 5 of I 1 provided that no termination may be effected unless the other party is given ( 1 ) not less than ten ( 10 ) calendar days written notice (delivered by certified mail , return receipt requested ) of intent to terminate and (2 ) an opportunity for consultation with the terminating party prior to termination . Be This contract may be terminated in whole or in part in writing by COUNTY for its convenience , provided that HOUSING INSPECTOR is afforded the same notice and consultation opportunity specified in (A ) above . co If termination for default is effected by COUNTY , an equitable adjustment in the price for this contract shall be made , but ( 1 ) no amount shall be allowed for anticipated profit on unperformed services or other work , and ( 2 ) any payment due to HOUSING INSPECTOR at the time of termination may be adjusted to cover any additional costs to COUNTY because of the contractor' s default . D . If termination for convenience is effected by COUNTY , the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice . E . For any termination , the equitable adjustment shall provide for payment to HOUSING INSPECTOR for services rendered and expenses incurred prior to receipt of the notice of intent to terminate , in addition to termination settlement costs reasonably incurred by HOUSING INSPECTOR relating to commitments ( e . g . , suppliers , subcontractors ) which had become firm prior to receipt of the notice of intent to terminate . F . Upon receipt of a termination action under paragraphs (A ) or ( B ) above , HOUSING INSPECTOR shall ( 1 ) promptly discontinue all affected work ( unless the notice directs otherwise ) and ( 2 ) deliver or otherwise make available to COUNTY all data , drawings , reports specifications , summaries and other such information , as may have been accumulated by HOUSING INSPECTOR in performing this contract , whether completed or in process . G . Upon termination , COUNTY may take over the work and may award another party a contract to complete the work described in this contract . H . If, after termination for failure of HOUSING INSPECTOR to fulfill contractual obligations , it is determined that the HOUSING INSPECTOR had not failed to fulfill contractual obligations , the termination shall be deemed to have been for the convenience of COUNTY . In such event , adjustment of the contract price shall be made as provided in paragraph ( c) above . Page 6 of 11 SECTION XIII — HOUSING INSPECTOR ' S PERSONNEL ASSIGNED TO THE PROJECT COUNTY shall have the right of approval of all HOUSING INSPECTOR ' S personnel assigned to any COUNTY project . Therefore , any subsequent changing of assigned personnel to any COUNTY project shall also be subject to COUNTY approval . Failure to adhere to this policy shall be considered a cause for contract termination . SECTION XIV — AUDIT RIGHTS COUNTY reserves the right to audit the project records of HOUSING INSPECTOR related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made . SECTION XV — SUBLETTING HOUSING INSPECTOR shall not sublet , assign , or transfer any work under this Agreement without the written consent of COUNTY . SECTION XVI — WARRANTY HOUSING INSPECTOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for HOUSING INSPECTOR , to solicit or secure this Agreement , and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for HOUSING INSPECTOR any fee , commission , percentage fee , gifts or any other considerations , contingent upon or resulting from the award or making of this Agreement . For HOUSING INSPECTOR ' S breach of violation of this warranty , COUNTY shall have the right to annul this Agreement without liability . SECTION XVII — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of five years after the date of execution thereof , or until housing program ' s funding source is not available anymore whichever occurs first , or unless otherwise terminated by mutual consent of the parties hereto , or terminated pursuant to Section XII — " Termination . " This Agreement may be extended for two additional one year increments at the discretion of COUNTY . SECTION XVIII — INSURANCE During the performance of the work covered by this Agreement , HOUSING INSPECTOR shall provide COUNTY with evidence that HOUSING INSPECTOR has obtained and maintains the insurance listed in the Agreement . Page 7 of 1 1 A , HOUSING INSPECTOR shall procure and maintain for the duration of the Agreement , insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by HOUSING INSPECTOR , its agents , representatives , employees or subcontractors . The cost of such insurance shall be included in HOUSING INSPECTOR ' S fees . B . Minimum Scope of Insurance (for fees less than $ 500 , 000 ) : 1 . Worker' s Compensation as required by the State of Florida . 2 . General Liability $ 500 , 000 combined single limit per accident for bodily injury and property damage . Coverage shall include premises/operations , products/completed operations , contractual liability , and independent contractors . COUNTY shall be named an "Additional Insured " on the certificate of insurance . 3 . Auto Liability $ 500 , 000 combined single limit per accident for bodily injury and property damage . Coverage shall include owned vehicles , hired vehicles , and non - owned vehicles . COUNTY shall be a " Designated Insured " on the insurance . 4 . Professional Liability Insurance providing coverage for negligent acts , errors , or omissions committed by HOUSING INSPECTOR with a $ 500 , 000 per claim /annual aggregate . This insurance shall extend coverage to loss of interest , earning , profit , use and business interruption , cost of replacement power , and other special , indirect , and consequential damages . 5 . Employer Liability Insurance of $ 500 , 000 C . HOUSING INSPECTOR insurance coverage shall be primary . D . All above insurance policies shall be placed with insurers with a Best ' s rating of no less that A-VII . The insurer chosen shall also be licensed to do business in Florida . E . The insurance policies procured , other than professional liability , shall be occurrence forms , not claims made policies . Professional liability shall be on a claims - made basis . F . The insurance companies chosen shall provide certificates of insurance prior to signing of contracts , to the Indian River County Risk Management Department , G . Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk Management Department , of its intent to modify or cancel said policies of insurance . Such notice shall be in writing by registered mail , return receipt requested , and addressed to the Risk Manager of the Risk Management Department , H . HOUSING INSPECTOR shall include all sub - contractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor . All coverages for subcontractors shall be subject to all of the requirements stated herein . I . Any deductibles or self- insured retentions greater than $ 5 , 000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to HOUSING INSPECTOR . Page 8 of I I SECTION XIX — INDEMNIFICATION HOUSING INSPECTOR hereby agrees to indemnify , and hold harmless , COUNTY , and COUNTY' s officers , employees and agents , from and against any and all claims from liabilities , damages , losses , costs , third party claims , judgments , and expense to persons or property , including reasonable attorneys ' fees , to the extent caused by the negligence , recklessness , or intentionally wrongful conduct of HOUSING INSPECTOR , or of HOUSING INSPECTOR ' S officers , employees , or agents , and HOUSING INSPECTOR shall indemnify COUNTY against any such claims and any judgments that may be entered in connection therewith , including reasonable attorneys ' fees . SECTION XX — SAFETY HOUSING INSPECTOR shall be responsible for the safety of its employees and others arising from HOUSING INSPECTOR ' S operations . All projects shall follow proper safety procedures as in accordance with generally accepted practices , HOUSING INSPECTOR may report any observed job site safety violations by others to COUNTY . HOUSING INSPECTOR shall not be responsible for or have control over safety precautions and programs by others who may be working at the job site . SECTION XXI — REMEDIES - CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida . Unless otherwise provided in this contract , all claims , counter-claims , disputes and other matters in question between the local government and the HOUSING INSPECTOR , arising out of or relating to this contract , or the breach of it , will be decided by arbitration if the parties mutually agree or for any lawsuit brought by either party against the other party or otherwise arising out of this Contract the venue shall be in Indian River County , Florida , or in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . SECTION XXII - ACCESS TO RECORDS COUNTY , the Florida Housing Finance Corporation ( FHFC ) , the U . S . Department of Housing and Urban Development , the Comptroller General of the United States , and any of their duly authorized representatives , shall have access to any books , documents , papers , and records of HOUSING INSPECTOR which are dirQctly,, pertinent to this contract for the purpose of making audit , examination , 4 prpts; and transcriptions . Lie x Page 9 of 1 I SECTION XXIII we RETENTION OF RECORDS HOUSING INSPECTOR shall retain all records relating to this contract for six years after completion of each job . SECTION XXIV are ENERGY EFFICIENCY HOUSING INSPECTOR shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act ( Public Law 94 - 163 ) . SECTION XXV - ADJUSTMENT OF CONTRACT PRICE If a Truth - in - Negotiation certificate was required for this contract , the firm agrees that the original contract price and additions thereto shall be adjusted to exclude any significant sums by which it is determined the contract price was increased due to inaccurate , incomplete , or noncurrent wage rates and other factual unit costs . All such contract adjustments shall be made within one year following the end of the contract . SECTION XXI — ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto , and there are no other Agreements and understandings , oral or written , with reference to the subject matter hereof that are not merged herein and superseded hereby . No alteration , change , or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto . SECTION XXII — SEVERABILITY If any provision , section , or paragraph of this agreement is determined by a court of competent jurisdiction to be void , illegal , or unenforceable , the remaining portions not found to be void , illegal , or unenforceable , shall remain in full force and effect . IN WITNESS WHEREOF the parties hereto have executed these presents this t y ' day of r ( r �_ r 2012 •••�GoMM I S S/p6 ;F Schulke , Bittle & Stoddard , LLC INDIAN RIVER COUNTY , FLO BOARD OF COUNTY COMMIS. S BY : BY _ J�5t I�'� �L � ycYC : Gary C . Whee Chairman ti , �c •' Title : ••'••�R�VER C�V�:►''• •Y YY YY Y .Y • Signat a ATTES Jeffrey K . Barton Clerk of Circuit Court Page 10 of 1 I B D T LE OF �C RT 4msepAs Baird OIJNTY A �IAINIST TOR F William K. a raal DEPUTY COUNTY ATTORNEY FXommunity Development\ SHIP\Housing Programs Inspection services\Housing Inspection Services Agreements\ Schulke , Bittle & Stoddard , LLC\Housing Inspector Agreement - Schulke, Bittle & Stoddard . doc Page I I of 1 1