Item VII (C) Discussion/Action re: Contracting Agreement with Mr. John Cassidy for Construction Administration for Beech Recreation Center •� • ' ` Agenda 7-7-98
Item VII C
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QnR�f�i os a000` ROBERT SMITH
PUBLIC WORKS DIRECTOR
370 ENTERPRISE ST.•OCOEE,FLORIDA 34761
PHONE(407)877-8420•FAX(407)877-0392
STAFF REPORT
TO: The Honorable Mayor and Board of City Commissioners
FROM: Robert M. Smith, Public Works Director
DATE: July 1, 1998
ISSUE:
Whether or not we should contract with Cassidy Construction and Management,
Inc. for construction management services of the Beech Recreation Center.
BACKGROUND AND DISCUSSION:
Currently Cassidy Construction and Management, Inc. is under contract on an
hourly basis for the construction management of the City Hall siding project. To
date CCMI's performance on the siding project has greatly contributed to the
contractor's overall performance and quality of this project.
The hourly rate is $75.00, and the estimated fees will total between $31,105 and
$78,894, depending on the number of hours requested by the City.
RECOMMENDATION
Staff recommends contracting with CCMI as per the attached proposal for
construction management services on the Beech Recreation Center.
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attachment
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5018 CALLE DE SOL—ORLANDO,FL 32819 (407)297-6580
PROPOSAL
Date: June 4, 1998
Project: Ocoee Recreation Center
Client: City of Ocoee
SCOPE OF WORK:
CCMI proposes to provide construction services for the above project as follows:
1. Scope of services:
a. Perform construction management services as required by the Client. The extent and
scope of services shall be determined and directed by tlie Building Committee.
Services may include: review drawings, review specifications, review contracts,
constructibility reviews, perform value engineering, component and product research, attend
meetings with construction committee, attend meetings with the designer/builder, create and
maintain an Action List, create and update a project schedule, attend commission meetings,
review payment applications, analyze change orders, and review miscellaneous close-out
documents.
2. Fees:
a. All services shall be performed at a rate of$75.00 per hour.
b. All travel time from CCMI's office is reimbursable at a rate of $75.00 per hour and
$0.00 per mile.
c. Estimated fees range between $31,105 and $71,894, see attached spreadsheet.
3. Terms: All services shall be billed monthly. All fee$ are due and payable within 10 days of
receipt of invoice. Any amount not paid after 30 days of receipt of invoice will accrue interest
at a rate of 1.5% per month.
4. Additional Services
The following services are not included in th$ contract amount and will be performed
only when the client has authorized such additional services. Additional services will
be reimbursed at the hourly rate indicated beldw.
a. Services deemed necessary by the Building Committee.
5. Reimbursable Expenses
a. Any costs in addition to those indicated in this, proposal are to be reimbursed to CCMI.
b. Travel costs, special delivery or shipping charges, postage, long distance phone calls,
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Comme'caal—Industrial
Cbnstruchon Management—General Contract ng—Consulting
any additional insurance required not currently carried by CCMI.
c. Any additional services related to litigation or dispute resolution, including but not
limited to: depositions, testimony, producing',discovery documents, or any other efforts
related to dispute resolution involving the client and another party(s). Litigation or
dispute resolution services shall be reimbursed at a rate of$75.00 per hour.
d. All costs related to additional services will be reimbursed with a multiplier of 1.1, with
the exception of hourly fees, which will be reimbursed at a rate of$75.00 per hour.
EXCLUSIONS:
6. Insurance
a. CCMI carries a $1 million dollar General Liability Policy and is exempt from
Worker's Compensation. Any insurance requirements in addition to those currently
carried by CCMI will be reimbursed by the client.
7. Consultant and Contractor performance
a. CCMI shall not be held responsible for the performance of any consultants or
contractors, however, CCMI shall promptly advise the Client of any known defects in
the design or construction.
MISCELLANEOUS:
8. Miscellaneous:
a. The client will indemnify and hold harmless Cassidy Construction & Management,
Inc., and its agents and its employees fron and against any and all claims, damages,
losses, and expenses including attorney fee arising out of or resulting from vicarious
liability imposed upon Cassidy Construction & Management, Inc., by operation of law
or by contract from the intentional act or negligent performance of any duty or contract
obligation owed by the client, its clients, contractors, architects, engineers,
consultants, suppliers, or subcontractors, to [the extent permitted by law.
b. This agreement may be terminated by either party without cause and CCMI shall be
compensated for all services performed ', to the termination date together with
reimbursable costs then due.
c. The client agrees to compensate CCMI for time and expenses related to any litigation,
alternate dispute resolution, or any other activities which CCMI is required or
compelled to participate in as a result of cansulting on this project, including but not
limited to: depositions, testimony, producingdiscovery documents, or any other efforts
related to dispute resolution involving the clent and another party(s).
d. The client agrees to provide all required insurance coverage's for CCMI and it's
employees while working on the project site.
e. In computing fees, additional services, or ,'hours on a not to exceed basis, all travel
time between CCMI's office and any other's location shall be paid for by the Client at
the hourly rate.
f. CCMI will perform all services using the degree of care and skill ordinarily exercised
under similar circumstances by members of its profession. Statements made in reports
are opinions based upon judgment and are not to be construed as representations of
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fact. Should CCMI or any of its employees be found to be negligent in the
performance of its work, or to have made and breached any expressed or implied
warranty, representation, or contract, the client and all parties claiming through the
client agree that the maximum aggregate amount of liability of CCMI, its officers,
employees, agents shall be limited to $1,000.
g. Any disputes between CCMI and the client shall be resolved utilizing the
American Arbitration Association.
City Ocoee Cassidy Construction & Management, Inc.
a
7
ohrl E. Cassidy
President
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