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HomeMy WebLinkAboutItem 08 Approval of Cover the Tees Single Source Phase 2 Contract City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: July 7, 2026 Item #: 8 Contact Name: Mark Johnson Department Director: Mark Johnson Contact Number: Ext. 5002 City Manager: Craig Shadrix Subject: Approval of Cover the Tees Single Source Phase 2 Contract. (Parks and Leisure Services Director Johnson) Background Summary: On December 16, 2025, the City Commission unanimously approved staff to negotiate a Single-Source Vendor Contract with Cover the Tees (CTT) to upgrade the driving range at Forest Lake Golf Club. On April 7, 2026, the City Commission approved Phase 1 of the contract, which included development of a 30% design plan to include survey work. Phase II would come back at a later commission meeting, and include a not-to- exceed contract to construct and bring the city a turnkey operation with additional management terms after completion. City Staff and the City Owners Representatives (ZHA) have negotiated a contract with Performance Delivery, Inc., d/b/a/ Cover the Tees for a covered-technology driving range at a not-to-exceed price of $435,735 plus additional funds of up to $13,100 to cover the cost of bonding at 3%. The bids are based on 27 hitting bays, one (1) auxiliary bay, and one 20x30 auxiliary structure. CTT will provide Canopy and enclosure installation, delivery of product, system engineering, and other services. The site work, prepping, electrical, permitting, and other engineering will be done on a separate contract with a General Contractor. Issue: Should the Honorable Mayor and City Commission approve the Phase 2 Single Source Contract with Cover The Tees? Recommendations: Staff recommends the Honorable Mayor and City Comission approve the Phase 2 Single Source Contract with Cover The Tees? Attachments: 1. Cover the Tees and City of Ocoee Small Scope Construction Contract Financial Impacts: The cost of this contract and bonding will be covered with earned interest revenue. Type of Item: Consent City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Page 1 of 10 SMALL SCOPE CONSTRUCTION CONTRACT This Small Scope Construction Contract (“Contract”) is made between: the Owner: City of Ocoee, a Florida municipal corporation 1 N. Bluford Avenue Ocoee, Florida 34761 and the Contractor: Performance Delivery, Inc., d/b/a Cover the Tees Driving Range Solutions 1713 Kennedy Pt., Suite 1001 Oviedo, FL 32765 Project: Forest Lake Golf Course Driving Range Facility Improvement Project at located at 10521 Clarcona Ocoee Road, Apopka, FL 32703 (“Project”) Article 1 Scope of Work 1.1 Contractor must perform and provide all of the Work described in Exhibit A, which is attached and made a part of this Contract (the “Work”). The Work constitutes a portion of the Project. The Contractor shall perform the Work in coordination with the Project’s General Contractor that is contracted by the Owner or the Owner’s Golf Course Manager to perform other aspects of the Project (“General Contractor”). 1.2 The Work scope is described in the Scope of Work Description attached as Exhibit A. 1.3 The Owner has determined that the Contractor is a proprietary, single-source provider of the specialized bay structures, systems, and related construction services that are the subject of this Contract, and that competitive solicitation is not required pursuant to the Owner’s procurement policies and applicable Florida law. The Contractor represents and warrants that it is the proprietary source for the bay systems and related components to be installed under this Contract. 1.4 The Contractor confirms that no separate additional engineering plans, drawings, or specifications prepared by a licensed professional engineer are necessary for the Work as the systems and improvements contemplated by this Contract have already been fully engineered by Florida licensed engineers. The Contractor shall construct the Work in accordance with its proprietary designs, shop drawings, and product specifications as approved by the Owner. The Contractor shall be solely responsible for the structural adequacy, safety, and code compliance of all Work performed by Contractor or its subcontractors. The Contractor is not responsible for obtaining permits, but the Contractor will work with the General Contractor and the Owner to obtain all permits, licenses, and approvals required for the prosecution and completion of the Work, including but not limited to building permits, electrical permits, plumbing permits, mechanical permits, and any health department approvals that may be required for the performance of the Work. Nothing herein shall relieve the Contractor of the obligation to comply with all applicable building codes, including the Florida Building Code. 1.5 Contractor has visited the Project site (sometimes herein “Site”), become familiar with, and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, and furnishing of the Work. The “Site” is the premises upon which the Project is located. The Site does not include all of the Owner’s Page 2 of 10 property. 1.6 Contractor represents and warrants that it is experienced, qualified, properly licensed, and capable of performing the Work required for the Project. Article 2 Compensation 2.1 Fixed Price. The Contract Sum is $435,735 usd (Four Hundred Thirty-five Thousand and no/100 dollars) (“Contract Sum”), subject to adjustment as provided in the Contract. 2.2 The Owner must make payments against the Contract Sum to the Contractor based on the following pay schedule: 2.2.1 50% deposit within ten business days of execution of this Contract. 2.2.2 50% balance due within five business days after final completion and acceptance of the Work by Owner. 2.3 Payments and disputes of payment requests will be in conformance with the Florida Local Government Prompt Payment Act (Chapter 218, Part VII, Fla. Stat.). If the Owner disputes all or a portion of an invoice, the Owner must: 2.3.1 give the Contractor notice of the dispute; and 2.3.2 pay the amount not in dispute when due. 2.4 Contractor acknowledges and agrees that, except as provided in 3.5 below, the Contract Sum is a firm, fixed, and stipulated lump sum and constitutes full compensation for all labor, materials, equipment, tools, supervision, overhead, profit, taxes, insurance, bonds, permits, fees, and all other costs, fees, and expenses of any nature whatsoever necessary for the proper and complete performance of the Work. Since Owner is a Florida municipal corporation, the Project is exempt from Florida Sales and Use Tax. The Owner will provide an exemption certificate to the Contractor on request. 2.5 By accepting final payment, the Contractor shall waive any and all claims against the Owner except those previously made in writing to the Owner and identified by the Contractor as unsettled when the Contractor submits its final invoice for final payment. 2.6 The payment of any invoice or application for payment by the Owner, including the Final Payment, does not constitute approval or acceptance of that part of the Work to which such payment relates, nor does it relieve the Contractor of any of its obligations herewith respect hereto. The making of a payment, including final payment shall not constitute a waiver of claims by the Owner, including but not limited to claims arising from: (1) liens, claims, security interests or encumbrances arising out of this Contract; (2) failure of the Work to comply with the requirements of this Contract and its incorporated documents and state and local codes and requirements; (3) terms of warranties and all other post-final completion or construction obligations required by this Agreement and its incorporated documents and/or as a matter of law; (4) defects, deficiencies and/or failures in the Work; (5) damages suffered directly or indirectly by the Owner caused by the Contractor’s negligent performance under this Contract; and (6) any matter for which Contractor has indemnified Owner under this Contract. 2.7 Contractor shall timely pay all subcontractors and suppliers for labor, services, and materials from payments received from Owner. Contractor shall pay all undisputed amounts due to Subcontractors and suppliers within ten (10) days after receipt of payment from Owner. Each Subcontractor shall, in turn, pay its Subcontractors and suppliers within seven (7) days after receipt of payment. Nothing herein shall preclude Contractor or any Subcontractor from withholding payment of disputed amounts, provided written notice of the dispute is timely provided and undisputed amounts are paid as required. Page 3 of 10 2.8 Contractor shall not be entitled to an increase in the Contract Sum or an extension of the Contract Time with respect to any work performed that is not required by the Contract or authorized by a written change order approved by the Owner. Article 3 Time 3.1 The Date of Commencement for the Work is intended to occur within the next nine (9) months following the parties’ execution of this Contract. The Contractor must commence the Work on site within two weeks of receiving a Notice of Proceed from Owner after the following have been completed: • General Contractor is retained and ready to proceed with commencement of the Project. • The required Project permits are acquired, • The site is prepared and readied per Exhibit A, and • The second installment is paid per 2.2.2 above. 3.2 The required Date of Final Completion for the Work is 60 calendar days after the Notice to Proceed is issued. 3.3 The parties acknowledge that the Contract Time provided in this Article includes consideration of adverse weather conditions common to Central Florida including the possibility of hurricanes and tropical storms. In the event of inclement weather (including, excessive wind, heavy rain events, tropical storms or hurricanes) that prevents Contractor from actively performing work and causes a delay in the progress of the Work more than three consecutive days, the Contractor may petition and receive from the Owner an equitable Contract Time extension equal to one day for each day of delay caused by such events. 3.4 Notwithstanding any other provisions of this Contract, except 8.4 below, Contractor’s exclusive remedy for delays, impacts, mobilization, demobilization, disruption, acceleration, resequencing, and interruptions in performance of the services caused by events beyond Contractor’s and its employees', subconsultants' and agents’ control, including delays, impacts, disruption, acceleration, resequencing and interruptions claimed to be caused by or attributable to the Owner or its officials, officers, employees and agents (or any combination thereof), shall be a claim for and be limited to an equitable extension of time under this Contract. Without limiting the foregoing, Contractor shall not be entitled to costs for remobilization after a delay, impact, disruption, acceleration, resequencing or interruption in the performance of the services has occurred, except as provided in 8.4 below. In no event shall the Owner’s liability to the Contractor under this Contract exceed the compensation that the Owner is required to pay to Contractor for the Work under this Contract. 3.5 A delay in issuing the Notice to Proceed or the Owner’s failure to issue a Notice to Proceed due to the General Contractor’s failure to perform its work for the Project shall not constitute a default of this Contract by Owner. If the Notice to Proceed is not issued within twelve months from the parties’ execution of this Contract, this Contract may be terminated for convenience pursuant to Section 8.2.1. If the Notice to Proceed has not been issued within twelve (12) months of execution, Contractor may elect to terminate this Contract by written notice to Owner, in which case Owner shall pay Contractor the termination fee described in Section 8.2.1 (Termination for Convenience) based on costs incurred through the date of termination, and neither party shall have further obligation to the other. Article 4 Changes 4.1 Subject to Contractor’s approval, the Owner may order changes in the Work within the general scope of the Contract without invalidating the Contract. Those changes may consist of additions, deletions, or other changes. The Contractor must proceed promptly with and perform changes in the Work under applicable provisions of the Contract, unless the Owner directs otherwise. 4.2 The Contractor’s failure to secure a Change Order or Work Change Directive before proceeding with any change in the Work will constitute an irrevocable waiver of any right the Contractor may have to any Page 4 of 10 adjustment of the Contract Sum, the Contract Time, or both, on account of the associated change in the Work. 4.3 A Change Order is a written instrument signed by the Owner and Contractor, stating the agreement of the Owner and the Contractor upon (1) a change in the Work, (2) the amount of the adjustment in the Contract Sum, if any; and (3) the extent of the adjustment in the Contract Time, if any. 4.4 A Work Change Directive is a written order signed by the Owner, directing a change in the Work and (1) stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time or both or (2) limiting the scope of the change in the Work by a fixed adjustment of the Contract Sum. Article 5 General Requirements 5.1 Performance of the Work 5.1.1 The Contractor must perform the Work in a workmanlike manner, consistent with the standards of skill, care, and diligence exercised by entities licensed to perform (where required under Applicable Law) and regularly performing comparable work on projects of similar size, complexity, design, and cost in Florida. 5.1.2 The Contractor and the Work must comply with Applicable Law. 5.1.3 The Contractor is solely responsible for and has complete control and charge of quality control, means, methods, techniques, sequences, and procedures, and for safety precautions and programs in connection with the Work. 5.1.4 The Contractor may provide a portion of the Work through one or more Subcontractors, but the Contractor will remain responsible for all of its obligations under the Contract. 5.1.5 The Contractor is solely responsible for the acts and omissions of its agents, employees, and Subcontractors and their respective agents and employees and other persons performing any of the Work. 5.1.6 The Contractor must enforce strict discipline and good order among all people carrying out the Work. The Contractor must not permit the employment on the Work of unfit people or people not skilled in tasks assigned to them. If the Owner deems any person engaged in the Work unsatisfactory, the Contractor must transfer or require the transfer of that person from the Project immediately. 5.2 Final Completion. When the Contractor believes it has achieved Final Completion, the Contractor must notify the Owner that the Work is ready for Final Completion inspection. Promptly thereafter, the Owner and the Contractor must jointly inspect the Work. Since the Project site involves an active, in use golfing facility, the Owner’s partial or full use of the Project site does not constitute final acceptance of the Work. 5.3 Warranty. Contractor warrants and guarantees to Owner that all Work shall be performed in strict accordance with the Contract and shall be free from defects in materials and workmanship. Contractor warrants installation workmanship for a period of one (1) year from Final Completion. This warranty does not cover damage caused by misuse, abuse, modification, or weather events exceeding the design specifications. Third‑Party Equipment: For items such as heaters, fans, or lighting supplied by third‑party manufacturers, Contractor acts solely as installer. Such equipment is covered by the manufacturer’s warranty, which Contractor shall assign to Owner. Contractor nevertheless warrants that all third-party equipment furnished under this Contract is new, free from defects at the time of installation, and properly installed in Page 5 of 10 accordance with the manufacturer's specifications and applicable codes. EXCEPT AS EXPRESSLY STATED HEREIN, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Contractor shall assign to Owner all manufacturer and supplier warranties for materials and equipment incorporated into the Work, and such warranties shall run directly to the benefit of Owner. 5.4 Independent Contractor. The Contractor and its agents, employees, and representatives are not agents, employees, or representatives of the Owner for any purpose and are not entitled to any of the benefits the Owner provides for its employees. The Contractor is performing the Work as an independent contractor. 5.5 Records. The Contractor to provide as-builts drawings and CAD file for record documentation. 5.6 Insurance. Contractor shall, at its sole cost and expense, procure, maintain, and keep in force throughout the performance of the Work and for a period of not less than two (2) years after Final Completion the insurance coverages meeting or exceeding the following: (a) Workers’ Compensation Insurance in statutory limits as required by Chapter 440, Florida Statutes, together with Employer’s Liability Insurance with limits of not less than $1,000,000; (b) Commercial General Liability Insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate, insuring against bodily injury, property damage, products/completed operations, and contractual liability; (c) Automobile Liability Insurance covering all owned, non-owned, and hired vehicles with a combined single limit of not less than $1,000,000; (d) Umbrella or Excess Liability Insurance with limits of not less than $2,000,000 per occurrence and aggregate; and (e) Builder’s Risk Insurance covering the full replacement cost of the Work. All policies required under subsections (b), (c), and (d) shall name the City of Ocoee, its officials, officers, employees, and agents as additional insureds and shall be primary and non-contributory with respect to any insurance maintained by the Owner. Contractor shall provide the Owner with certificates of insurance evidencing the required coverages prior to commencing the Work. Each policy shall require the insurer to provide the Owner not less than thirty (30) days' prior written notice of cancellation or material change. 5.7 The Contractor shall indemnify and hold harmless the Owner, its elected and appointed officials, officers, agents, and employees harmless from and against all claims, suits, actions, penalties, costs, losses, liabilities, damages and/or cause of action, including, but not limited to, attorneys' fees and litigation costs at trial and appellate levels, for personal injury, sickness, disease, death, real property damage, and personal property damages that may arise or do arise to the extent caused by errors, omissions, negligent acts, recklessness, wrongful acts, or gross negligence of the Contractor, its subcontractors, agents, servants, or employees as a result of or during the performance of Work under this Agreement. 5.8 IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DELAY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR COST OF COVER INCURRED BY CONTRACTOR, SUBCONTRACTORS, OR ANY OTHER THIRD PARTIES ARISING OUT OF OR RELATED TO THIS CONTRACT AND/OR CONCERNING THE PERFORMANCE OF WORK BY THE CONTRACTOR, SUBCONTRACTORS, OR BY OWNER UNDER THIS CONTRACT. The parties mutually waive all claims for consequential, indirect, or punitive damages arising from performance or breach of this Agreement. 5.9 Payment & Performance Bond. Prior to commencement of the Work, Contractor shall obtain and post a payment and performance bond with the Owner as the beneficiary in compliance with Section 255.05, Florida Statutes, in an amount of at least 100% of the Contract Sum in a form and with terms acceptable to Owner. Such bonds shall be issued by a surety authorized to transact business in the State of Florida and having a Page 6 of 10 current rating of not less than “A-” as to financial strength by A.M. Best Company. The bonds shall be executed in accordance with applicable Florida law and shall remain in full force and effect until one year after completion of the Work. Owner shall reimburse Contractor for the actual cost of the payment and performance bond within ten business days of delivery of the executed payment and performance bond to the City, which amount of reimbursement shall not exceed an amount equal to 3.1% of the Contract Sum. Article 6 Owner Work Rules 6.1 During the progress of the Work, to the full extent feasible, Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work and keep and maintain the Work site in an attractive, orderly, and clean condition. 6.2 As a condition precedent to Final Completion, the Contractor must remove all waste materials, rubbish, debris, the Contractor’s tools, construction equipment, machinery, surplus materials, etc. from and about the Project. Small rubbish materials may be broken down and placed within the onsite dumpster. 6.3 Contractor shall be solely and completely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the Work and other persons (including but not limited to the general public) who may be affected thereby. Contractor shall comply with OSHA standards. Article 7 Dispute Resolution 7.1 Mediation. As a condition precedent to the filing of any suit or other legal proceeding, the parties shall endeavor to resolve claims, disputes or other matters in question by mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. The parties shall, by mutual agreement, select a mediator within fifteen (15) days of the date of the request for mediation. If the parties cannot agree on the selection of a mediator, then the Owner shall select the mediator who, if selected solely by the Owner, shall be a mediator certified by the Supreme Court of Florida. No suit or other legal proceeding shall be filed until: (i) the mediator declares an impasse, which declaration, in any event, shall be issued by the mediator not later than sixty (60) days after the initial mediation conference; or (ii) sixty (60) days has elapsed since the written mediation request was made in the event the other party refuses to or has not committed to attend mediation. The parties shall share the mediator's fee equally. The mediation shall be held in Orange County, Florida, unless another location is mutually agreed upon by the parties. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 7.2 Venue. Any litigation between the parties must be brought and held only in a court of competent jurisdiction seated in Orange County, Florida. The parties consent to the exclusive jurisdiction of that court and to Orange County, Florida, as the exclusive venue for all litigation between them. In any litigation arising out of this Contract, the prevailing party shall be entitled to recover its reasonable costs, expenses, and attorneys’ fees from the non-prevailing party. Pending the final resolution of any dispute, the parties must proceed with the performance of this Contract. 7.3 Causes of action by the Owner against the Contractor will accrue and the applicable statute of limitations will begin to run on the later of the date of final payment to the Contractor or the date on which the Owner actually discovers the facts giving rise to the cause of action. To the extent not waived by acceptance of final payment, causes of action by the Contractor against the Owner will accrue and the applicable statute of limitations will begin to run no later than the date of final payment to the Contractor. Article 8 Termination 8.1 Termination for Cause. Either party may terminate the Contract for cause after giving written notice of default and a 30-day opportunity to cure if the other party commits a material breach of the Contract. Page 7 of 10 The Owner may terminate this Contract for cause if the Contractor: (a) persistently fails to perform the Work in accordance with the Contract; (b) fails to supply sufficient workers, materials, or equipment; (c) fails to comply with applicable laws or regulations; (d) is adjudged bankrupt, makes a general assignment for the benefit of creditors, or has a receiver appointed; (e) abandons the Work; or (f) materially breaches any provision of this Contract. 8.2 Termination for Convenience. The Owner may terminate all or part of the Contract without cause and for the Owner’s convenience by giving written notice of the termination to the Contractor. 8.2.1 If the Owner terminates the Contract for convenience prior to the issuance of the Notice to Proceed, Owner must pay the Contractor a termination fee equal to the actual cost of the Work performed as of the date of termination plus the reasonable, documented costs the Contractor actually incurs to cancel contracts the Contractor had entered into in furtherance of the Work before the date of termination plus 8% of such amounts for Contractor’s overhead and profit; provided however, the total termination fee paid by Owner shall not exceed 15 percent or be less than 10 percent of the Contract Sum. Since the Contractor will have received at least 50% of the Contract Sum prior to the Notice to Proceed, Contractor will refund to the Owner funds Contractor previously received exceeding the termination fee. 8.2.2 If the Owner terminates the Contract for convenience after the issuance of the Notice to Proceed, Owner must pay the Contractor a termination fee equal to the actual cost of the Work performed as of the date of termination plus the reasonable, documented costs the Contractor actually incurs to cancel contracts the Contractor had entered into in furtherance of the Work before the date of termination plus 8% of such amounts for Contractor’s overhead and profit. Since the Contractor will have received at least 50% of the Contract Sum at the time of the Notice to Proceed, Contractor will refund to the Owner funds Contractor previously received exceeding the termination fee. 8.3 The Owner will not be obligated to pay the Contractor anything on account of any Work the Contractor does not perform due to any termination of the Contract. 8.4 Owner may, at any time and in its sole discretion, suspend the Work or any portion thereof for a period not to exceed ninety (90) consecutive days by written notice to the Contractor. Contractor shall resume the Work upon written notice from Owner. Owner shall compensate Contractor for documented demobilization costs and remobilization costs if Owner interrupts the Work. Article 9 General Terms 9.1 Applicable Law. “Applicable Law” includes all applicable federal, state, and local laws, codes, ordinances, rules, regulations, orders, and decrees (all as amended from time to time) of any government or quasi-governmental entity with jurisdiction over the Project or the Site. Exclusive venue for any litigation arising out of this Contract shall be in a court of competent jurisdiction in Orange County, Florida. 9.2 Final Completion. “Final Completion” is the stage in the progress of the Work when the Work or an Owner-designated portion of it is totally complete and the Contractor has satisfied every associated requirement under the Contract. 9.3 Subcontractors. A “Subcontractor” is a person or entity (including vendors and material/equipment suppliers) under contract with the Contractor to perform or provide a portion of the Work and the Subcontractor’s authorized representatives, successors, and assigns. The term includes subcontractors to a Subcontractor regardless of tier. 9.4 Intent of Contract. The intent of the Contract is to (1) include all items necessary for the Contractor’s proper execution and completion of the Work and (2) to relieve the Owner of the necessity of performing any of the Work to complete the Project. In the event of any conflict between this Agreement and any Page 8 of 10 other part of the Contract, this Agreement governs. 9.5 Successors and Assigns. The Owner and the Contractor each bind themselves, their successors, assigns, and legal representatives to the other party to the Contract and to the successors, assigns, and legal representatives of the other party with respect to all terms of the Contract. The Contractor must not assign or transfer any right, title, or interest in the Contract without the Owner’s prior written consent, and an attempted assignment without that consent will be void. 9.6 Entire Agreement. The Contract represents the entire and integrated agreement between the Owner and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 9.7 Modifications. The Contract may be amended only through a written document signed by both parties, except in the case of a Work Change Directive. 9.8 Captions. The captions or headings in the Contract are for convenience and reference only and in no way define, describe, extend, or limit the scope, meaning, or intent the Contract. 9.9 No Third-Party Interest. No person or entity, other than the Owner and Contractor, has any right or interest under the Contract, and the Contract does not create a contractual relationship of any kind between any people or entities other than the Owner and the Contractor. 9.10 Governing Law. Florida law governs the Contract, and the laws of the State of Florida, whether substantive or procedural, must be followed with respect to the Contract without giving effect to the principles of conflicts or choices of law. 9.11 Notices. All written notices to be given under the Contract will be deemed to have been given and served when delivered in person, by facsimile, or e-mail, or mailed, postage prepaid, to a designated representative of the receiving party. 9.12 Severability. If any part of the Contract is held as a matter of law to be unenforceable or unconscionable, the remainder of the Contract will be enforceable without that part. 9.13 Time of Essence. The time limits stated in the Contract are of the essence of the Contract. 9.14 No Waiver. The failure of the Owner or the Contractor to insist in any one or more instances upon the strict performance of any one or more of the provisions of the Contract or to exercise any rights under the Contract or provided by law will not be construed as a waiver or relinquishment of that provision or right or of the right to subsequently demand strict performance or exercise the right, and the rights will continue unchanged and remain in full force and effect. 9.15 Rights and Remedies. The duties, obligations, rights, and remedies under the Contract are in addition to and not a limitation of the duties, obligations, rights, and remedies otherwise imposed by or available under Applicable Law. 9.16 Survival of Obligations. All representations, indemnity obligations, warranties, guarantees, and necessarily continuing obligations under the Contract, will survive final payment, completion and acceptance of the Work, and termination or completion of the Contract. 9.17 Nondiscrimination. The Contractor must not discriminate in any manner in the performance of the Work by reason of race, handicap, color, religion, sex, age, national origin, ancestry, disability, or any other factor specified under Applicable Law including without limit Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1983. 9.18 No Liens. Owner is a Florida municipal corporation with sovereign immunity and is exempt from construction liens pursuant to Chapter 713, Florida Statutes. In no event shall Contractor or any others performing work through Contractor make a claim of lien or place a claim of lien on the Owner’s property or the Project. 9.19 Public Records. Contractor affirmatively agrees to comply with all "Contractor" provisions of section 119.0701(2), Florida Statutes. Contractor shall provide public records in its possession and control to the Owner upon completion of the services or Work as required by the Public Records Law. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: City Clerk msibbitt@ocoee.org. 9.21 Ethics Law. (a) Contractor shall not engage in any action that would create a conflict of interest in the performance of the actions of any Owner’s officials, officers, employees or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Page 9 of 10 Part III, Chapter 112, Florida Statutes, relating to ethics in government. Contractor hereby certifies that no officer, agent, or employee of the Owner has any material interest (as defined in Section 112.312 (15), Florida Statutes), either directly or indirectly, in the business to be conducted here, and that no such person shall have any such interest at any time during the term of this Agreement. (b) Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor 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 Contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Owner shall have the right to terminate this Agreement without liability. (c) Any Person or affiliate, as defined in section 287.133 of the Florida Statutes, shall not be allowed to contract with the Owner, nor be allowed to enter into a subcontract for work on this Agreement, if such a person or affiliate has been convicted of a public entity crime within three (3) years of the date this Agreement was advertised for proposals, or if such person or affiliate was listed on the State's convicted vendor list within three (3) years of the date this Agreement was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local), involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresenta-tion. Any Agreement with the Owner obtained in violation of this Section shall be subject to termination for cause. A subconsultant or subcontractor who obtains a subcontract in violation of this Section shall be removed from the Project and promptly replaced by a subconsultant or subcontractor acceptable to the Owner. (d) Contractor represents that no officer, employee, or agent of the Owner has any personal or financial interest in this Contract or in the Contractor. The Contractor shall comply with Sections 112.311–112.326, Florida Statutes. 9.22 False Claims. If Contractor is unable to support any part of its claim and it is determined that such inability is attributable to misrepresentations of fact or fraud on the part of the Contractor, Contractor shall be liable to the Owner for an amount equal to such unsupported part of the claim in addition to all costs to the Owner attributable to the cost of reviewing said part of Contractor’s claim. The Owner and Contractor acknowledge that the “Florida False Claims Act” provides civil penalties not more than $10,000.00 plus remedies for obtaining treble damages against contractors or persons causing or assisting in causing Florida Governments to pay claims that are false when money or property is obtained from a Florida government by reason of a false claim. Contractor agrees to be bound by the provisions of the Florida False Claims Act for purposes of this Agreement and the services performed hereunder. 9.23 No Waiver of Sovereign Immunity. Nothing contained in this Agreement shall be considered or deemed a waiver of the Owner’s sovereign immunity protections or of any other immunity, defense, or privilege afforded to the Owner or its officials, officers, employees and agents under law, including without limitation, Section 768.28, Florida Statutes. 9.24 E-Verify. By entering into this Contract, the Contractor is obligated to comply with the provisions of Section 448.095, Florida Statutes. This includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all Subcontractors to provide an affidavit attesting that the Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Failure to comply will lead to termination of this Contract, or if a Subcontractor knowingly violates the statute, the Subcontractor must be terminated immediately. 9.24 Scrutinized Companies. The Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or is engaged in business operations in Cuba or Syria, as those terms are defined in Sections 287.135 and 215.473, Florida Statutes. Page 10 of 10 9.25 Anti-human trafficking. Pursuant to Section 787.06, Fla. Stat., the Contractor shall execute an affidavit signed by an officer or a representative of the Contractor nongovernmental entity under penalty of perjury attesting that the Contractor does not use coercion for labor or services as defined in this section. This Contract is entered into as of the day and year last written below. PERFORMANCE DELIVERY, INC. D/B/A COVER THE TEES By: Matthew Towell, President CEO Date:___________ APPROVED: ATTEST: CITY OF OCOEE, FLORIDA _______________________ _________________________ Melanie Sibbitt, City Clerk Rusty Johnson, Mayor DATE:___________________________ (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY ON _______________________, 2026 this ____ day of __________________, 2026 UNDER AGENDA ITEM NO. _____. FISHBACK DOMINICK LLP BY: Richard S. Geller, Esq., City Attorney ` 1713 Kennedy Pt. Suite 1001 Oviedo, FL 32765 Proposal Job:Forest Lake Golf Club - 27 Hitting Bays Address:10521 Clarcona Ocoee Rd, Apopka, FL 32703 Date:6/19/26 Attn:Craig Shadrix - City Manager Phone: 407-905-3112 Email:Craig.Shadrix@ocoee.org Job ID:FLGC120125 Mr. Shadrix, As promised, attached is a quote for your review. Please review and let us know if you have any questions. Otherwise, we will follow up shortly to schedule a meeting to review in more detail and answer any questions you may have. We appreciate the opportunity to bid on your project. Sincerely, Stephen Arnold 843-816-8047 sarnold@coverthetees.com "Exhibit A to Small Scope Construction Contract" Forest Lake Golf Club - 27 Hitting Bays 10521 Clarcona Ocoee Rd, Apopka, FL 32703 Scope Details Aluminum Driving Range Cover We will provide a pre-engineered hitting bay cover system per engineered drawings. •3" standing seam panels - White •Uprights Columns minimum of 6x6 aluminum - Front Column set 8ft back from the front of structure - White •Top Beams - White •Rolled gutter for rear if necessary - White •Our cold weather system has walls in the rear and on the side to block the wind, each bay will have acrylic sliding windows for the rear of bays ( Not chosen on this project) •If egress openings are needed, the egress openings will be provided and locations will be dictated by local building code. (Not necessary for this project) •Product will meet all necessary building codes throughout the country with a maximum wind rating of 150 mph and 40 PSF snow load Bid Pricing and Options: Golf Hitting Bay Cover System 28 BAYS (27 hitting bays and 1 auxiliary bay) CTT-OA 290 X 25 Aluminum Standard Open Air Hitting Bay Cover 7250 27 hitting bays - 23 bays @ 10', 4 bays @ 12' 1 bay @ 12' - auxiliary bay "ball room" - far left side Enclosed on 4 sides Entry door and roll up door 20 X 30 Auxiliary Space - gable design**600 off the rear of the tee line **enclosed by others Total Price for Bay Cover $385,580.00 Additional Options: Hitting Bay Dividers (4ft) 29 Dividers @ $425.00)$12,325.00) EXLED Range Lighting Fixtures - Dimmable (To be mounted and wired by others)10 Fixtures @ $1,950.00)$19,500.00) EXLED Wireless Controller (optional) 1 Fixtures @ $1,950.00)$1,950.00) one controller allowes you to adjust all EXLED lights LED lights in each bay - 3 per bay - mounted (wired by others)84 LEDs @ $195.00 $16,380.00 Services & Fees Included with Price Canopy & Enclosure Installation Included Delivery of the product Included System Engineering (signed and sealed drawings by licensed engineer) Included Logistics (Travel Costs etc..)Included Any necessary Core drilling needed for anchors during installation Included Door openings where instructed by customer NA *Permitting (See notes below)Not Included Site Prep and Soil Testing Not Included 3rd party inspections fees Not Included Concrete Slab By Others (no less than 6" under columns. Varies by location)Not Included Electrical Not Included Municipality Permit Fees Not Included Seismic Engineering Not Included Proposal does not include costs associated with prevailing wage requirements **Permitting: Responsibilities to be taken care of by owner or contractor hired by owner. Cover the Tees will not be the General Contractor on the project. We will provide signed and sealed structural drawings by a licensed engineer with your state seal ready for permitting. Cover the Tees is not able to use any existing slabs unless they meet the specs detailed on the signed and sealed plans that will be provided. In most cases a new slab will be needed to meet engineers requirements. •The above scope is for aluminum golf hitting bay cover at Forest Lake Golf Club - 27 Hitting Bays •We will furnish material and labor for the proposed Aluminum Golf Hitting Bay Cover complete in accordance with specifications and engineered drawing provided and in accordance with local building codes. Additional options listed above. •This price includes all services detailed in the scope above in the "services & fees included with price" This product can be ready for shipment within 4-6 weeks upon receipt of 50% deposit. •Once proposal is accepted and deposit has been sent, we will provide signed and sealed engineered drawings ready for permitting. By signing the proposal, you agree not to share any of our proprietary foundation information or disclose design details. •This proposal is good for 30 days. •Pricing is subject to increase as this proposal is based on current market prices. However, pricing can be locked in with a 50% deposit allowing us to order your matierials.* •Pay Schedule 25% - Deposit upon acceptance of the proposal *25% - Deposit at time of permitting - materials ordered at this time 50% - Balance due upon completion Payments due upon receipt of invoice. Payments not received within 15 days of invoice date will incur a 3% finance charge. A 3% finance charge will be incurred each month past the due date.