Item 10 Approval of Capital Program Management with FBG, Inc ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: July 16, 2019
Item #
Reviewed By:
Contact Name: Stephen C. Krug Department Director: IP*V/
Contact Number: 6002 City Manager: 71 /
Subject: Capital Program Management with FBG, Inc.
Background Summary:
The Commission has embarked upon an aggressive capital improvement program implementing the
Downtown Master Plan. Public Works recently experienced changes in personnel and has determined
the most proactive way to maintain the momentum of the current workload of the program is to utilize
the assistance of a consultant on a short term basis. When Public Works recognized the potential for
the workload to temporarily overwhelm the new staff members, several firms were approached for their
availability to provide an individual who can act as an extension of the Public Works Team for an eight
(8) month period. Public Works is requesting approval to utilize the services of FBG Engineers &
Consulting, Inc. (FBG), one of the firms which recently submitted on the City Hall Owners
Representative solicitation. Public Works is requesting Commission waive the process to advertise for
another owner's representative as the scope of services required on the projects in the Capital
Improvement Program are equivalent to the scope for the City Hall Owner's Representative RFQ on
which FBG submitted. Based on the similarity of scope, Public Works recommends waiving the bid
process and secure the services of FBG for assistance with management of the City's capital
improvement program. This work is adequately funded within the Public Works Department.
Issue:
Approve waiving the bid process and secure the services of FBG for assistance with management of the
City's capital improvement program.
Recommendations:
Recommend approval to enter into an agreement with FBG Engineers & Consulting, Inc., to provide
temporary assistance for capital program management of Public Works projects for a not to exceed
amount of $45,200.00 in the current fiscal year and $135,600.00 in fiscal year 2019/2020 and
authorize the City Manager and Staff to approve and execute change orders to the work in
accordance with the limits established in the Purchasing Code.
Attachments:
FBG Engineers & Consultants, Inc. Task Proposal
Owners Representative Agreement with FBG.
Financial Impact:
The work is adequately funded within the Public Works Stormwater Division.
Type of Item: (please mark with an 'x')
Public Hearing For Clerk's Dept Use:
A Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. —OkN/A
Review ed by ( ) N/A
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i FB (i
Engint�cr>fi Con\tilting Inc,
`
ma Engineers & consulting Inc. 5401 S. Kirkman Road Orlando, FST ire]
July 02, 2019
C/O Mr. Steve Krug
Public works Director
301 Maguire Rd.
Ocoee, FL 34761
07/02/2014
RE: Owners Representative for Capital Program Management
As requested,the following is the information regarding overhead multipliers and personnel hourly rates
for projects with the City of Ocoee. These rates will be used throughout the duration of the Contract.
FEES AND COMPENSATION
1. Reimbursement of salary cost, overhead and administrative expenses for personnel employed on
the Project at the following hourly rates.
Project Manager Week Rate$ Hours Total$
11 Mr.Amir Sajjadi 8 $140.00 40 $ 44,800.00
PhD., P.E.
22 Mr. Amir Sajjadi 24 $140.00 40 $ 134,400.00
PhD., P.E.
33 FBG Cell Phone 8 $50.00 $400.00
44 FBG Cell Phone 24 $50.00 $ 1,200.00
1 Calculated total budget for 08 weeks from Aug 1St, 2019 thru Sep 30th, 2019
2 Calculated total budget for 24 weeks from Oct 1st thru March 30th, 2020
3 Calculated total budget for 08 weeks from Aug 1st,2019 thru Sep 30th,2019
4 Calculated total budget for 24 weeks from Aug 1st,2019 thru Sep 30th,2019
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Fnginccrs Consulting Inc,
FBELEngineers & consulting Inc. 5401 S. Kirkman Road OT -h4e]
Labor Category Raw Hourly Billing
Rate Discounted/ Rate
Preferred
Multiplier
Program Manager $50.00 2.8 $140.00
Direct 100%
Labor OH 132.07%
Direct Expenses 11.68%
FCCM 0.49%
Operating Margin 39.00%
283.2370%
*Maximum
Multiplier 2.99
Please feel free to contact me if you need further information.
Regards,
Majid Fouladi
President
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OWNER'S REPRESENTATIVE AGREEMENT
FOR CAPITAL PROGRAM MANAGEMENT
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:
FBG, Inc.
5401 S. Kirkman Road, Suite 241
Orlando, Florida 32819
A Florida corporation
For the following PROJECT:
City of Ocoee's Capital Improvement Program
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 two hundred forty five (245) days 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 various projects in the City's Capital Program.
The Owner's Representative will represent the City in matters related to assigned
projects. 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, are as follows:
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General Scope of Work—Pre-construction Phase and On-going
The Consultant's work shall include the following Tasks:
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 and construction firms invoices based
on progress and overall accomplishment.
J. Assist the City in evaluating contract changes, modifications, and change orders
submitted by the design and construction firms.
K. Assist the City in evaluating change in fee requests from the design and
construction firms.
L. Prepare and/or reconcile an independent cost estimate for budgeting purposes.
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 plans.
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.
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S. Assist the City in developing pre-construction conference checklist and facilitate
the meeting.
T. Prepare and/or reconcile cost estimates and assist City in negotiations design and
construction firms.
U. Facilitate cooperation between the Design Builder and the City to expedite
delivery of projects.
V. Perform value engineering as required. Estimate and evaluate cost and schedule
impacts of changes on project.
W. Interface, in conjunction with the City, tenant groups, local government/business
associations, etc., as required, to inform parties of proposed construction
activities.
X. Review and make recommendations, as required, on the proposed Temporary
Traffic Control program.
Y. 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.
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.
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G. Assist the City in reviewing the daily quality control inspection reports to ensure
all tests required by the specifications and drawings are performed.
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 and construction firms have contacted
with sufficient forewarnings of all affected utilities and arranged for inspections,
closures, changeovers, disconnects and reconnects etc.
J. Recommend rejection of all construction work or materials that do not comply
with the contract or design requirements.
K. Review and approve materials and equipment that are under an allowance to
avoid delays in work.
L. 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.
M. 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.
N. Assist the City in determining if the design and construction firms Temporary
Traffic Control Program is consistent with objectives of the project.
0. Interface, in conjunction with the City, tenant groups, local government/business
associations, etc., as required, to inform participants of upcoming construction
activities.
P. Monitor design and construction firms 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.
Q. Prepare a monthly report detailing consulting activities.
R. Monitor design and construction firms schedules.
S. Analyze progress vs. design and construction firms proposed invoices and make
recommendations on payment.
T. Review and recommend actions to the City on proposed design and construction
changes to assess impact on project budget.
U. Review, evaluate and make recommendations to City, as required, on
Contract modifications and change orders.
V. Maintain required record, photographs, files and reports for the construction
history of the project.
W. Assist the City 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.
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X. Assist the City in the assembly and transmittal of, (1) As-built documents, (2)
manuals (3) Warrantees.
Y. Coordinate turnover of projects.
Z. Turn over all Consultant's generated project-related equipment, inventories, etc,
to the City in close out activities.
AA. 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.
2.
3.
4.
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 follows:
3.2 For Additional Services designated in Article 2, the Owner shall compensate the Owner's
Representative as follows:
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3.3 Payments to the Owner's Representative. Payments for services shall be made monthly
in proportion to services performed. Payments to be made by the City in accordance with
Part VII, Chapter 218, Florida Statutes, the Local Government Prompt Payment Act.
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.
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
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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
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
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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:
• 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
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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
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.
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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
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.
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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.
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.
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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: Stephen C. Krug, Public Works Director; or other City Representative as
designated by the City Manager
Address: 150 N Lakeshore Drive
Ocoee, FL 34761
Phone: 407-905-3170
E-Mail: skrug@ocoee.org
Owner's Representative's Authorized Representative(s)
Name:
Address:
Phone:
E-Mail:
(Remainder of page left blank intentionally.)
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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
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the City in any 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.
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IN WITNESS HEREOF, this parties hereto have set their hands by their duly authorized agents
on this day of , 20
CONTRACTOR: FBG,INC.
BY:
PRINT NAME:
TITLE:
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
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