HomeMy WebLinkAboutItem 03 Approval of Contract with ZHA, Inc., for RFQ #19-007 Owner’s Representative Services for the New Ocoee City Hall (I)(_`t)((
• florida
AGENDA ITEM COVER SHEET
Meeting Date: 7/16/2019
Item # b3
Reviewed By:
Contact Name: Craig Shadrix Department Director: ••
Contact Number: 407-554-7229 City Manager: Robert Fran
Subject: Approval of Contract with ZHA, Inc. for Owner's Representative Services for the New
Ocoee City Hall
Background Summary:
The City advertised RFQ#19-007 Owner's Representative Services to solicit statements of qualifications
from firms or individuals interested in providing professional construction management services for the
New Ocoee City Hall. On June 18, 2019, ZHA, Inc. was awarded RFQ#19-007 by City Commission to
provide such services and authorized City Staff to proceed with contract negotiations and obtain a fee
proposal from ZHA, Inc.
The Utilities Department reached out to ZHA, Inc. to negotiate a contract. The Contract includes the
attached scope of services and covers the design and construction phases of the project. Some of the
services included are: design review and comparison cost estimates at 30, 60, and 90 percent plans to
verify contractor costs and confirm budgeting, a Construction Inspector during construction, and a part-
time Project Manager for the duration of the project. The Owner's Representative will also be assisting
with the City's Direct Purchase Program and move coordination. The City will be providing office space
for the Project Manager at the Utilities Administration Building during the project. The flat fee for these
services is $365,000 plus up to $3,150 in reimbursables. The contract also provides for a building
envelope consultant and a commissioning consultant for an additional fee at the City's discretion.
Issue:
Should the Mayor and Commission approve the contract with ZHA, Inc to provide Owner's Representative
Services for$365,000 with up to $3,150 in reimbursable expenses.
Recommendations:
Motion for Mayor and City Commission to approve entering into a contract with ZHA, Inc. in the amount of
$365,000, with up to $3,150 in reimbursable expenses, for Owner's Representative Services.
Attachments:
1. Scope of Services
2. Contract
3. ZHA Inc. RFQ Response
Financial Impact:
The fee proposal from ZHA, Inc. in the amount of $365,000, will be funded through bond proceeds and other
funding as appropriated by the City Commission.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
OWNER'S REPRESENTATIVE AGREEMENT
This Agreement is made as of the day of , 2019 between
the following parties:
OWNER:
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
a Florida municipal corporation
and the OWNER'S REPRESENTATIVE:
ZHA, Inc.
601 N. Magnolia Ave., Suite 100
Orlando, Florida 32801
A Florida corporation
For the following PROJECT:
RFQ #19-007 Owner's Representative for the New Ocoee City Hall
In consideration of the mutual covenants and obligations contained herein, Owner and Owner's
Representative agree as set forth herein.
ARTICLE 1 — SCOPE OF BASIC SERVICES
1.1 Contract Term. The duration of owner's representative services for this Agreement will
be until project completion and turnover of the building and all related documents
commencing on , 2019 ("Contract Term").
1.2 General. The Owner's Representative will provide professional owner's representative
services for the design and construction of the New Ocoee City Hall. The Owner's
Representative will represent the City in matters related to the New City Hall. In
cooperation with the City, the Owner's Representative will act as the agent of the City for
communication and decision making. The general duties, in addition to the general scope
of RFQ #19-007, are as follows:
General Scope of Work—Pre-construction Phase and On-going
The Consultant's work shall include the following Tasks:
RFQ#19-007 Owner's Representative for the New Ocoee City Hall 1
A. Review management structure and make recommendations as appropriate.
B. Facilitate cooperation and communications between all parties associated with the
project; providing full information in a timely manner.
C. Participate in project meetings.
D. Review plans, specifications and construction documents for consistency,
coordination of technical disciplines, constructability and value engineering.
E. Participate in reviews of design documents for conformance with project scope,
budget, and construction phase.
F. Review and make recommendation regarding construction packaging for purpose
of bidding to facilitate an effective fast-tracking construction process.
G. Review and monitor design schedule and to ensure adequate progress is being
made.
H. Review and monitor project budgets, recommend actions, as required, to maintain
established budget.
I. Review and recommend payment of Design Builder's invoices based on progress
and overall accomplishment.
J. Assist the City in evaluating contract changes, modifications, and change orders
submitted by the Design Builder.
K. Assist the City in evaluating change in fee requests from the Design Builder.
L. Prepare an independent cost estimate for budgeting purposes and to reconcile
Design Builder's cost. Comparison Cost Estimates to be completed at milestones
of 30%, 60%, and 90% design completion.
M. Prepare and/or reconcile cost estimates of facility systems and components for
value engineering purposes.
N. Interface, in conjunction with the City, tenant group, City Commission, local
government/business associations, etc., as required, to inform parties of plans and
progress of design activities.
0. Assist City in obtaining required permits and approvals.
P. Review and make recommendations as required, on the construction plan for the
Facility.
Q. Review and make recommendations to the construction sequencing schedule and
bid packages; including review of proposed suppliers and subcontractors.
R. Assist the City in establishing milestones for project completion activities.
S. Assist the City in developing pre-construction conference checklist and facilitate
the meeting.
T. Assist the City in establishing basis for the "Guaranteed Maximum Price" (GMP)
contract with the Design Builder.
RFQ#19-007 Owner's Representative for the New Ocoee City Hall 2
U. Prepare and/or reconcile cost estimates and assist City in negotiations with on
GMP.
V. Facilitate cooperation between the Design Builder and the City to expedite delivery
of Facility.
W. Perform value engineering as required. Estimate and evaluate cost and schedule
impacts of changes on project.
X. Interface, in conjunction with the City, tenant groups, local government/business
associations, etc., as required,to inform parties of proposed construction activities.
Y. Review and make recommendations, as required, on the Design Builder's proposed
Maintenance of Traffic Program.
Z. Review and make recommendations, as required, on the proposed Schedule of
Values/trade payment breakdown and method of payment.
AA. Establish a cost reporting program to provide up-to-date financial information as
to the status of the project.
BB. Coordinate activities of the City and the Design Builder.
CC. Provide other services as deemed appropriate by the City.
GENERAL SCOPE OF WORK—Construction Phase
The Consultant's work shall include the following Tasks:
A. Provide onsite construction oversight of the project to review the job site
continuously as required, including a separate Construction Inspector during the
construction phase.
B. Monitor construction work for Design Builder's work for compliance with contract
and construction documents.
C. Participate in construction planning meetings;
D. Recommend an Approval and Review process for the City's approval and the
Design Builder's implementation.
E. Assist the City in monitoring the processing of shop drawings to ensure that it
follows the schedule submitted by the Design Builder.
F. Assist the City in securing, building and environmental permits and approvals for
construction. This includes, City County, State and Federal permits as required for
the project.
G. Assist the City in reviewing the daily quality control inspection reports to ensure
all tests required by the specifications and drawings are performed.
RFQ#19-007 Owner's Representative for the New Ocoee City Hall 3
H. Assist the City, as required,in determining extent of hazardous materials within job
site, perimeter and the development of actions to be taken regarding disposal.
I. Assist the City in determining if the Design Builder has contacted with sufficient
forewarnings of all affected utilities and arranged for inspections, closures,
changeovers, disconnects and reconnects etc.
J. Assists the City in determining that all building department inspections are
conducted in a timely and efficient manner.
K. Recommend rejection of all construction work or materials that do not comply with
the contract or design requirements.
L. Review and approve materials and equipment that are under an allowance to avoid
delays in work.
M. Track and coordinate the City's direct purchase program.
N. Recommend to City issuance of Notice of Non-Compliance to the Design Builder
to correct non-conforming and/or defective work. Issue Notice if requested by City.
0. Recommend to the City, as required,the ordering of corrective actions if the Design
Builder fails to promptly remove, correct, or replace rejected construction work or
materials. Issue order if requested by City.
P. Assist the City in determining if the Design Builder's Maintenance of Traffic
Program is consistent with objectives of the project.
Q. Interface, in conjunction with the City, tenant groups, local government/business
associations, etc., as required, to inform participants of upcoming construction
activities.
R. Monitor Design Builder's adherence to a "Good Neighbor Policy" with regard to
tenants in the surrounding area.This includes,but is not limited to,compliance with
dust control, noise control, safe site practices, security, temporary signage for
roadway construction, notice to motorist, work day, work hours, etc.
S. Prepare a monthly report detailing consulting activities.
T. Monitor Design Builder's construction schedule.
U. Analyze construction progress vs. Design Builder's proposed invoice and make
recommendations on payment to the Design Builder.
V. Review and recommend actions to the City on proposed design and construction
changes to assess impact on project budget.
W. Review, evaluate and make recommendations to City, as required, on
Contract modifications and change orders.
X. Maintain required record,photographs,files and reports for the construction history
of the project.
Y. Assist the City and the Design Builder in the preparation and review of punch lists
and pre-final and final inspection of the work. Monitor performance of punch list
work. Facilitate and/or review all commissioning reports on the Facility.
RFQ#19-007 Owner's Representative for the New Ocoee City Hall 4
Z. Assist the City in the assembly and transmittal of, (1) As-built documents, (2)
manuals (3) Warrantees.
AA. Coordinate turnover of Facility, final inspection by the building department;clarify
expected level of completion with the Design Builder prior to pre-final, final
inspection, and final acceptance.
BB. Monitor FF&E plan, purchase, and installation, and monitor and coordinate tenant
moves.
CC. Turn over all Consultant's generated project-related equipment, inventories, etc,to
the City in close out activities.
DD. Establish a point of contract with tenant groups, local government/business
associations, etc., as required,to facilitate a"Good Neighbor Policy" in an effort to
ensure cooperation of all groups and minimize complaints arising from construction
activities.
1.3 Provide other services as deemed appropriate by the City.
ARTICLE 2 —ADDITIONAL SERVICES
2.1 Additional services listed below are not included in Basic Services, but may be required
for the project. The Owner's Representative shall provide the listed Additional Services
only if specifically designated in the table below as the Owner's Representative's
Responsibility, and the Owner shall compensate the Owner's Representative as provided
in Paragraph 3.2 herein.
1. Commissioning Services, as requested by the City of Ocoee.
2. Building Envelope Consulting Services, as requested by the City of Ocoee.
3. Other general services as needed for the completion of this project, as requested by
the City of Ocoee.
2.2 If the Basic Scope of Services covered by this Agreement have not been completed within
the Contract Term as defined herein, through no fault of the Owner's Representative,
extension of the Owner's Representative's services beyond that time shall be compensated
as Additional Services.
ARTICLE 3 - COMPENSATION
3.1 For the Owner's Representative's Basic Services described under Article 1, the Owner
shall compensate the Owner's Representative as a lump sum fee, as follows:
THREE HUNDRED SIXTY-FIVE THOUSAND DOLLARS AND NO CENTS,
($365,000.00) including a Project Manager approximately 2.5 days per week for the
life of the project; plus reimbursable expenses up to $3,150.00,with documentation,
as specified in the Owner's Representative's price proposal for RFO #19-007.
RFQ#19-007 Owner's Representative for the New Ocoee City Hall 5
3.2 For Additional Services designated in Article 2, the Owner shall compensate the Owner's
Representative as follows:
1. The compensation for Commissioning Services will be negotiated if requested by the
City.
2. The compensation for Building Envelope Consulting Services will be negotiated if
requested by the City.
3. Other general services as needed for the completion of this project will be negotiated
if requested by the City.
3.3 Payments to the Owner's Representative. The Owner's Representative will invoice the
City monthly, based upon the Owner's Representative's estimate of the portion of the total
services actually completed at the time of billing, in a narrative monthly invoice. Payments
for services and approved reimbursable expenses shall be made in accordance with Part
VII, Chapter 218, Florida Statutes, the Local Government Prompt Payment Act, from the
date of presentation of the Owner's Representative's approved invoice.
3.4 Audit Rights. The Owner shall have the right to audit the books, records, and accounts of
Owner's Representative and its consultants concerning work for this Project, including any
and all Additional Services or Reimbursable Expenses. Owner's Representative and its
consultants shall keep such books, records, and accounts as may be necessary in order to
record complete and correct entries related to the Project for the required retention period of
the Florida Public Records Act, Chapter 119, Florida Statutes, as may be amended from time
to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum
period of five(5) years after termination of this Agreement. Owner's Representative shall,by
written contract, require its consultants to agree to the requirements and obligations of this
paragraph.
ARTICLE 4 -AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document prepared with the same or similar formality as
this Agreement and executed by the Owner and Owner's Representative or others delegated
authority to or otherwise authorized to execute same on their behalf.
ARTICLE 5 - INDEMNIFICATION
5.1 To the fullest extent permitted by law, the Owner's Representative agrees to indemnify,
hold-harmless, and defend the Owner and its employees from any claims, liabilities,
damages, losses, and costs, including,but not limited to, reasonable attorney fees to the
extent caused by the negligence, recklessness, or intentional misconduct of the Owner's
Representative or persons or consultants employed or utilized by the Owner's
Representative in performance of the Agreement.
RFQ#19-007 Owner's Representative for the New Ocoee City Hall 6
5.2 To the extent considered necessary by the Owner,any sums due to Owner's Representative
under this Agreement may be retained by the Owner until all of the Owner's claims for
indemnification pursuant to this Agreement have been settled or otherwise resolved; and
any amount withheld shall not be subject to payment of interest by the Owner.
ARTICLE 6—INSURANCE REQUIREMENTS
Owner's Representative shall provide evidence of both General (Public &Property) Liability, and
if applicable, Professional (Design Errors and Omissions) Liability Insurance, in the form of a
certificate of insurance issued on behalf of the City of Ocoee and naming the Owner as an
additional insured, by companies acceptable to the Owner at the minimum limits and coverages
listed below with deductible amounts acceptable to the Owner. Owner's Representative shall not
commence any work in connection with this Agreement until all of the following types of
insurance have been obtained and such insurance has been approved by the Owner, nor shall the
consultant allow any subconsultant to commence work on a subcontract until all similar insurance
required of the subconsultant has been so obtained and approved. Policies other than Workers'
Compensation shall be issued only by companies authorized by subsisting certificates of authority
issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating
of "A" or better and a Financial Size Category of "VII" or better according to the A.M. Best
Company. Policies for Workers' Compensation may be issued by companies authorized as a group
self-insurer by F.S. 440.57, Florida Statutes.
1. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any
sums of money which may represent a deductible in any insurance policy. The payment
of such deductible shall be the sole responsibility of the Owner's Representative and/or
subconsultant providing such insurance.
2. Workers' Compensation Insurance: The Owner's Representative shall obtain during the
life of this Agreement, Worker's Compensation Insurance with Employer's Liability
Limits of $500,000/$500,000/$500,000 for all the Consultant's employees connected
with the work of this project and, in the event any work is sublet, the Owner's
Representative shall require the subconsultant similarly to provide Workers'
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the Owner's Representative. Such insurance shall
comply fully with the Florida Workers' Compensation Law. In case any class of
employees engaged in hazardous work under this contract for the Owner is not protected
under the Workers' Compensation statute,the Owner's Representative shall provide,and
cause each subconsultant to provide adequate insurance, satisfactory to the Owner, for
the protection of the Owner's Representative's employees not otherwise protected.
Include Waiver of Subrogation in favor of the City of Ocoee.
3. Owner's Representative's Public Liability and Property Damage Insurance: The
Owner's Representative shall obtain during the life of this Agreement COMMERCIAL
AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an
additional insured, and shall protect the Owner's Representative and the Owner from
RFQ#19-007 Owner's Representative for the New Ocoee City Hall 7
claims for damage for personal injury, including accidental death, as well as claims for
property damages which may arise from operations under this Agreement whether such
operations be by the Owner's Representative or by anyone directly or indirectly
employed by the Owner's Representative, and the amounts of such insurance shall be the
minimum limits as follows:
4. Automobile Bodily Injury Liability & Property Damage Liability
• $1,000,000 Combined single limit per occurrence (each person, each accident)
• All covered automobile will be covered via symbol 1
• Liability coverage will include hired & non-owned automobile liability
• Include Waiver of Subrogation in favor of The City of Ocoee
5. Comprehensive General Liability(Occurrence Form)-This policy should name the City
of Ocoee as an additional insured and should indicate that the insurance of the
Consultant is primary and non-contributory.
• $2,000,000 GENERAL AGGREGATE
• $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE
• $1,000,000 PER OCCURRENCE
• $1,000,000 PERSONAL & ADVERTISING INJURY
• Include Waiver of Subrogation in favor of the City of Ocoee
6. Subconsultant's Comprehensive General Liability, Automobile Liability and Worker's
Compensation Insurance: The Owner's Representative shall require each subconsultant
to procure and maintain during the life of this subcontract, insurance of the type
specified above or insure the activities of these subconsultants in the Owner's
Representative's policy, as specified above.
7. Contractual Liability: If the project is not bonded, the consultant's insurance shall also
include contractual liability coverage to insure the fulfillment of the contract. NOTE:
PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY
INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED.
• $1,000,000 PER OCCURRENCE
• $2,000,000 AGGREGATE
8. Commercial Umbrella:
• $1,000,000 PER OCCURRENCE
• $2,000,000 Aggregate
• Including Employer's Liability and Contractual Liability
9. Certificates of Insurance: Certificate of Insurance Form (see sample in RFQ #19-007),
naming the City of Ocoee as an additional insured will be furnished by the Owner's
Representative upon notice of award. These shall be completed by the authorized
Resident Agent and returned to the Office of the Purchasing Agent. This certificate
shall be dated and show:
RFQ#19-007 Owner's Representative for the New Ocoee City Hall 8
• The name of the Insured consultant, the specific job by name and job number,
the name of the insurer, the number of the policy, its effective date, and its
termination date.
• Statement that the Insurer shall mail notice to the Owner at least thirty(30)days
prior to any material changes in provisions or cancellation of the policy, except
ten (10) days written notice of cancellation for non-payment of premium.
ARTICLE 7—OWNERSHIP OF DOCUMENTS
Any and all reports, photographs, surveys, and other data and documents provided or created in
connection with this Agreement are and shall remain the property of Owner; and, if a copyright is
claimed, Owner's Representative grants to Owner a non-exclusive license to use the copyrighted
item(s)indefinitely,to prepare derivative works,and to make and distribute copies to the public. In
the event of termination of this Agreement, any reports, photographs, surveys, and other data and
documents prepared by Owner's Representative, whether finished or unfinished, shall become
property of Owner and shall be delivered by Owner's Representative to the Owner within seven
(7) days of termination of this Agreement by either party. Any compensation due to Owner's
Representative shall be withheld until all documents are received as provided herein.
ARTICLE 8 - CLAIMS AND DISPUTES
8.1 Any Claim by Owner's Representative against the Owner must be initiated by written
notice to the Owner within five (5) days after occurrence of the event giving rise to such
Claim or after the Owner's Representative first recognizes the condition giving rise to the
Claim, whichever is later. Failure to provide such notice shall constitute a waiver of the
Claim.
8.2 In the event Owner is involved in a separate arbitration, litigation, mediation or other
legal proceeding in which any aspect of the Owner's Representative's Work or
entitlement to payment is at issue, or questions of law or fact common to the Owner's
Representative's performance under this Agreement are involved, or if complete relief
cannot be afforded in such proceeding without the Owner's Representative's participation
therein, Owner's Representative hereby consents, upon written demand by the Owner, to
its consolidation or joinder in that proceeding, to the applicability of any rules or
procedures applicable to such proceeding, and hereby waives any objections to the
location or forum in which the proceeding is pending. In the event Owner's
Representative has initiated a litigation against the Owner at the time of the Owner's
demand for consolidation or joinder is received, and that proceeding cannot be
consolidated with the proceeding in which the Owner is involved, Owner's
Representative agrees to dismiss or, in the event dismissal would prejudice Owner's
Representative's rights, stay the litigation.
8.3 Attorney's Fees. The prevailing party in any legal proceeding, including but not limited to
arbitration and litigation,to enforce the terms of this Agreement, including but not limited to any
RFQ#19-007 Owner's Representative for the New Ocoee City Hall 9
appellate proceedings, shall be entitled to recover its reasonable attorney's fees, paralegal fees,
and costs from the non-prevailing party
8.4 Governing Law and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of Florida. Venue and jurisdiction for arbitration and/or litigation arising
under this Agreement shall lie solely within the appropriate state court in Orange County,
Florida.
8.5 Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT, OWNER'S
REPRESENTATIVE AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO THIS AGREEMENT.
ARTICLE 9 - TERMINATION OR SUSPENSION
9.1 This Agreement may be terminated for cause by the aggrieved party if the party in material
breach has not corrected the breach within ten(10)days after written notice from the aggrieved
party identifying the breach.
9.2 This Agreement may also be terminated for convenience by the Owner. Termination for
convenience by the Owner shall be effective on the termination date stated in written notice
provided by the Owner, which termination date shall be not less than thirty (30) days after
the date of such written notice. Upon a termination for convenience by the Owner, the
Owner's Representative shall be entitled to amounts due for services performed through the
date of the notice of termination, but shall not be entitled to any consequential damages or
for lost anticipated profits or for services not yet performed under this Agreement.
ARTICLE 10—PUBLIC ENTITY CRIME
Owner's Representative represents that the execution of this Agreement will not violate the Public
Entity Crime Act, Section 287.133, Florida Statutes, as may be amended from time to time, which
essentially provides that a person or affiliate who is a consultant,or other provider and who has been
placed on the convicted vendor list following a conviction for a public entity crime may not submit
a bid on a contract to provide any goods or services to Owner, may not submit a bid on a contract
with Owner for the construction or repair of a public building or public work, may not submit bids
on leases of real property to Owner, may not be awarded or perform work as a Owner's
Representative, supplier, subcontractor, or consultant under a contract with Owner, and may not
transact any business with Owner in excess of the threshold amount provided in Section 287.017,
Florida Statutes, as may be amended from time to time, for category two purchases for a period of
36 months from the date of being placed on the convicted vendor list. Violation of this section shall
result in termination of this Agreement and recovery of all monies paid by Owner pursuant to
this Agreement and may result in debarment from Owner's competitive procurement activities.
In addition to the foregoing, Owner's Representative further represents that there has been no
determination, based on an audit, that it committed an act defined by Section 287.133, Florida
RFQ#19-007 Owner's Representative for the New Ocoee City Hall 10
Statutes, as a "public entity crime" and that it has not been formally charged with committing an
act defined as a "public entity crime" regardless of the amount of money involved or whether
Owner's Representative has been placed on the convicted vendor list.
ARTICLE 11 - PUBLIC RECORDS COMPLIANCE
The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The
Contractor agrees to comply with Florida's Public Records Law. Specifically,the Contractor shall:
1. Keep and maintain public records required by the City to perform the service.
2. Upon request from the City's custodian of public records, provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided
by law.
3. Ensure that public records that are exempt or confidential and exempt from the public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the Contractor does not transfer the
records to the City.
4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public
records in possession of the Contractor or keep and maintain public records required by the City
to perform the service. If the Contractor transfers all public record to the City upon completion of
the contract, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the
City, upon request from the City's custodian of public records, in a format that is compatible with
the information technology systems of the City.
5. A Contractor who fails to provide the public records to City within a reasonable time may be
subject to penalties under section 119.10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022, CCDL@ci.ocoee.fl.us,
WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA
34761.
RFQ#19-007 Owner's Representative for the New Ocoee City Hall 11
To the degree records are not exempt or confidential under Florida's Public Records law,Contractor
agrees to comply with Chapter 119, Florida Statutes, and particularly Section 119.0701, Florida
Statutes, relating to a contractor's obligation with regard to public records.
ARTICLE 12—PARTIES' AUTHORIZED REPRESENTATIVES
The following individuals are authorized agents for the Owner and Contractor for any and all
decisions relating to the Work or this Agreement:
City of Ocoee's Authorized Representative(s)
Name: Jamie Croteau, Assistant Utilities Director; or other City Representative as
designated by the City Manager
Address: 150 N Lakeshore Drive
Ocoee, FL 34761
Phone: 407-905-3159
E-Mail: jcroteau@ocoee.org
Owner's Representative's Authorized Representative(s)
Name: Frederick "Rick" Mellin, Jr., President/CEO
Address: 601 N. Magnolia Avenue, Suite 100
Orlando, FL 32801
Phone: 407-902-2550
E-Mail: Rick.Mellin@zha-fl.com
(Remainder of page left blank intentionally.)
RFQ#19-007 Owner's Representative for the New Ocoee City Hall 12
ARTICLE 13 - MISCELLANEOUS PROVISIONS
13.1 Severability. The partial or complete invalidity of any one or more provisions of this
Agreement shall not affect the validity or continuing force and effect of any other
provision.
13.2 Entire Agreement. This Agreement, along with the terms and scope of RFQ #19-007,
and the Owner's Representative's response to and price proposal for RFQ #19-007,
constitutes the entire agreement between the parties hereto. This Agreement may not be
changed in any way except as herein provided, and no term or provision hereof may be
waived except in writing signed by its duly authorized officer or agent.
13.3 Headings. Headings used for the provisions of this Agreement are for convenience only
and shall not be deemed to limit, restrict, or alter the content, meaning, or effect thereof.
13.4 No assignment by a party hereto of any rights under, or interests in, the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically, but without limitation,moneys that may become due,
and moneys that are due, may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
Notwithstanding the foregoing, the Owner may assign this contract to the State of Florida
or any political subdivision, municipality, special district or authority thereof without
Contractor's consent and without recourse.
13.5 Owner and Contractor each binds himself, his partners, successors, assigns and legal
representatives to the other party hereto, his partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
13.6 Chapter 558, Florida Statutes: The parties agree that the provisions of Chapter 558,Florida
Statutes are not applicable to this Agreement.
13.7 SCRUTINIZED COMPANIES: The Respondent certifies that the company is not
participating in a boycott of Israel. The Respondent certifies that the Respondent is not on
the Scrutinized Companies that Boycott Israel List,not on the Scrutinized Companies with
Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran
Petroleum Energy Sector List,or has been engaged in business operations in Cuba or Syria,
as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes.
In the event that the Respondent is unable to provide such certification but still seeks to be
considered for award of this solicitation,the Respondent shall, on a separate piece of paper,
clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish
together with its proposal a duly executed written explanation of the facts supporting any
exception to the requirement for certification that it claims under Section 287.135 of the
Florida Statutes. The Respondent agrees to cooperate fully with the City in any
RFQ#19-007 Owner's Representative for the New Ocoee City Hall 13
investigation undertaken by the City to determine whether the claimed exception would be
applicable. The City shall have the right to terminate any contract resulting from this
solicitation for default if the Respondent is found to have submitted a false certification, or
to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been
placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged
in business operations in Cuba or Syria.
(Remainder of page left blank intentionally.)
RFQ#19-007 Owner's Representative for the New Ocoee City Hall 14
IN WITNESS HEREOF, this parties hereto have set their hands by their duly authorized agents on
this day of , 20
CONTRACTOR: ZHA,INC.
BY:
PRINT NAME: Frederick"Rick" Mellin,Jr.
TITLE: President/CEO
WITNESSES:
NAME: NAME:
TITLE: TITLE:
OWNER: CITY OF OCOEE,FLORIDA
ATTEST: APPROVED:
BY: BY:
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND LEGALITY on , under Agenda Item
this day of , 2019
SHUFFIELD, LOWMAN & WILSON, P.A.
BY:
Scott A. Cookson, City Attorney
END OF SECTION
RFQ#19-007 Owner's Representative for the New Ocoee City Hall 15
Fee Proposal
Project: Ocoee City Hall
July 8,2019
Est'd
Position Hours
Project Executive/Principal Rick Mellin 76
Project Manager Andrew Brooks 1678
Design Review Robert DeBoard 80
Project Controls Randal Coombes 202
Const.Inpsection Don Doehring 530
Total ZHA Personnel: $365,000.00
Subconsultant
Commissioning To be negoitated if selected by City of Ocoee $0.00
Envelope Consulting To be negoitated if selected by City of Ocoee $0.00
Total Subconsultants: $0.00
Reimbursables
Reimbursables 21 mos 150 $3,150.00
Misc. Provided by City of Ocoee $0.00
Office Provided by City of Ocoee $0.00
Temp Utilities Provided by City of Ocoee $0.00
Office Supplies Provided by City of Ocoee $0.00
Copier/Fax/Scanner Provided by City of Ocoee $0.00
Monthly Report Provided by City of Ocoee $0.00
Mileage Provided by City of Ocoee $0.00
Total Reimbursables: $3,150.00
Total Proposal: $368,150.00
Estimated:
Based upon Project Schedule of: Fee: Reimb:
Design 6 months $92,000.00 $1,100.00
Bid/GMP 1.5 months $23,000.00 $225.00
Construction 12 months $232,000.00 $1,600.00
Close-Out 1.5 months $18,000.00 $225.00
$365,000.00 $3,150.00
Estimates of expenditures are preliminary and subject to changes,and some of those changes may be material.
Fee Calculation-R 4.xlsx City Hall 2.5 Page 1 of 1