Item #07 Approval to Execute Design Services Agreement with S&ME, Inc., for Conceptual Design of Improvements to Lakefront Park at a cost of $46,300, and to Authorize Staff to use up to $10,000 of Allocated Project Budget t
Ocoee
Florida
AGENDA ITEM COVER SHEET
Meeting Date: June 2x0,, 2017
Item #
Reviewed By:
Contact Name: Al Butler, Director Department Director: ,
Contact Number: 407-554-7063 City Manager:
Subject:
Approval to execute design services agreement with SBM Inc. for conceptual
design of improvements to Lakefront Park at a cost of$46,300, and to authorize staff to use up
to $10,000 of allocated project budget to conduct geotechnical Investigations, additional
surveys, and related work.
Background Summary:
Lakefront Park Improvements is a capital project included in the city's list of approved investments using
funds allocated from the 2017 General Fund Capital Bond Issue and was one of the primary focal points
of the Downtown Master Plan. The project consists of two construction phases, as determined by the
need to demolish the existing City Hall structures to conduct Phase 2 improvements. The total project
budget is $4,720,000, with an anticipated $3,042,000 coming from the capital bond fund. The
construction work will be done via low bid based on potentially several separate procurements,
depending on the nature of the work and the specialization of the construction industry. For example, it
may be in the city's best interest to separately contract for the construction of buildings and waterfront
improvements, as these work types are typically pursued by different companies. Staff intends for the
consultant to fully design each element of the project before seeking bids for construction. The question
now is which elements to include in the project.
The master plan for downtown improvements did not list specific project elements for the Lakefront Park
project; it only suggested potential elements. Thus, the first step in the design effort is to compile a
precise list of project elements, place them on the site in various configurations, select an optimal
configuration, and propose a conceptual plan on which to base the construction design documents. This
plan will be presented to the public and the City Commission. Citizen input received during the
Downtown Master Plan development process will be utilized by the design team to develop the project
proposals; additional public input processes are not anticipated.
After the city has determined, with the consultant's help, what the exact nature of the project elements for
construction will be, S&ME, Inc. will propose an addendum for production of construction documents.
This addendum will establish the cost of design and document production for Phase 1 of construction.
The design of facilities and improvements in construction Phase 2, after City Hall is demolished, should
be delayed until Phase 1 is well underway so the plans reflect the latest conditions and provide the
opportunity for citizen reaction to the work of Phase 1. In addition, Phase 2 construction elements may
be impacted by future private development proposals in the old City Hall area, where the potential exists
for commercial construction of a restaurant and bed & breakfast facility.
Issue:
Should the City Commission authorize the Mayor to execute the design services agreement with S&ME,
Inc., and allow the staff to expend up to $10,000 on related work to support the design process?
Recommendation:
Staff recommends that the City Commission authorize the Mayor to execute the attached services
agreement with S&ME, Inc., at a cost of$46,300 and authorize the staff to expend up to $10,000 in other
project funds to conduct related work, such as to take soil samples and perform additional surveys. This
work will produce a conceptual plan and allow the parties to negotiate a fee for production of construction
plans and bid documents once the conceptual plan is approved by the City Commission.
Attachments:
Proposed design services agreement.
Financial Impact:
The proposed expenditure of up to $56,300 will use previously allocated funds from the 2017 General
Fund Capital Bond Issue. The total project fund allocation for design services prior to construction is
$350,000.
Type of Item: (please mark with an 5e)
Public Hearing For Clerk's Dept Use:
Ordinance First Reading x Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x Commission Approval
Discussion&Direction
X Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Revie ed by Dana Crosby-Collier N/A
Reviewed by Finance Dept.
(2-0) N/A
Reviewed by ( ) N/A
PROFESSIONAL SERVICES AGREEMENT
RFQ#1703
DESIGN SERVICES FOR LAKEFRONT PARK IMPROVEMENT PROJECT
CITY OF OCOEE
AND
S & M E, INCORPORATED
TABLE OF CONTENTS
PAGE
Section 1 —General Provisions 1
1.1 General 1
1.2 Services of Consultant 1
Section 2 - City's Responsibilities 2
2.1 Requirements for the Project 2
2.2 Information Pertinent to the Project 2
2.3 Access to Property 2
2.4 Examination 2
2.5 Approvals and Permits 2
2.6 City Project Manager 3
2.7 Notice and Extension of Term 3
2.8 Additional Services 3
2.9 Incidental Costs 3
Section 3 - Payments to Consultant 3
3.1 General 3
3.2 Reimbursable Expenses 4
3.3 Sales Tax 4
3.4 Payments by CITY 4
3.5 Payment Withheld 5
3.6 Records 5
3.7 Scope, Cost, and Fee Adjustments 6
3.8 Payment upon Termination 7
Section 4 -Termination 7
4.1 Termination without Cause 7
4.2 Termination for Cause 7
4.3 Delivery of Materials upon Termination 8
Section 5 - Suspension 8
Section 6- Materials,Reuse of Documents, and Confidentiality 8
6.1 General 8
6.2 Reuse of Documents 9
Section 7-Notices 9
Section 8 - Conflicts of Interest 9
Section 9 -Waiver of Consequential Damages 10
RFQ 1703 Design Services for Lakefront Park Improvements Project Page ii
PAGE
Section 10 -Indemnification and Insurance 10
10.1 Indemnification and Repair of Damage 10
10.2 Insurance 10
Section 11 - Miscellaneous Provisions 11
11.1 Local, State, and Federal Obligations 11
11.2 Consultant Is Not Agent of City 12
11.3 Sub-consultants 12
11.4 Assignment and Delegation 13
11.5 Audits 13
11.6 Entire Agreement 14
11.7 Amendment 14
11.8 Validity 14
11.9 Headings 14
11.10 Timeliness 14
11.11 Public Entity Crimes 14
11.12 Force Majeure 15
11.13 Remedies and Costs 15
11.14 Dispute Resolution and Exclusive Venue 15
11.15 Non-Exclusive Agreement 15
Exhibits
A—RFQ 1703
B—Scope of Work
C—Truth-in-negotiations Certificate
RFQ 1703 Design Services for Lakefront Park Improvements Project Page iii
THIS AGREEMENT is made and entered into this day of 920-9
by and between the CITY OF OCOEE, Florida, a municipal corporation existing under the laws of the
State of Florida("CITY"), and S&ME, INCORPORATED, a North Carolina corporation authorized to
do business in the State of Florida("CONSULTANT").
WHEREAS, the CITY shall use the CONSULTANT's professional landscape architecture or
engineering services ("Services"), as further described below, for the Design Services for the Lakefront
Park Improvements Project ( "Project"), meeting the criteria of§287.055 (2) (f), Florida Statutes; and
WHEREAS, the CONSULTANT, having submitted a response to CITY's Request For
Qualifications No. 1703 ("RFQ 1703"), which is attached hereto as Exhibit "A" and the terms of which
are incorporated herein by reference, and having been selected pursuant to the procedures of§§287.055,
et seq., Florida Statutes, is willing and able to perform the Services for the CITY on the terms and
conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the premises and mutual covenants given one to the
other, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
SECTION 1
GENERAL PROVISIONS
1.1 General
1.1.1 The CONSULTANT shall provide services for the CITY, as required by the CITY, in
accordance with all phases of the Project, as described in RFQ 1703 (Exhibit "A"), and which
may include providing professional architecture, landscape architecture, and engineering design
by itself or with sub-consultants. The Scope of Work is further described in RFQ 1703 and in
Exhibit "B." The CONSULTANT shall perform any and all services in a timely, efficient, and
cost-effective manner that comports with the recognized standards of professional practice
ordinarily exercised by reputable members of the relevant professions.
1.1.2 All references to drawings shall mean both traditionally drafted as well as computer-based, and
all submissions of drawings will include paper and/or computer file versions, as appropriate. The
CONSULTANT shall provide all computer generated material to the CITY in a digital format
that is compatible with what is being used by the CITY.
1.2 Services of Consultant
1.2.1 CONSULTANT shall perform services in accordance with a Scope of Work attached hereto as
Exhibit"B" and the terms of which are incorporated herein by reference. This work shall be
completed for the firm, fixed price of$ (repeat price in words) in
accordance with the schedule contained in Exhibit"B."
1.2.2 CITY may retain the subsequent, additional services of CONSULTANT to provide detailed
design services to implement the conceptual plan developed by CONSULTANT and accepted by
CITY, support of CITY staff in conducting construction service procurements related to the
project, owner's representative services and related work during construction, and inspection
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 1
services to insure conformance with the approved plans and specifications. Any such additional
work shall be performed in accordance with the terms and conditions and for the price
established by an addendum to this Agreement.
SECTION 2
CITY'S RESPONSIBILITIES
2.1 Requirements for the Project
The CITY shall provide criteria and information, as may be needed by the CONSULTANT to ascertain
and meet the CITY'S requirements for the Project in a timely manner, including design objectives and
constraints; space, capacity and performance requirements; flexibility and expandability matters; any
budgetary limitations; and copies of all design and construction standards that the CITY will require to
be included in the Drawings and Specifications.
2.2 Information Pertinent to the Project
The CITY shall provide the CONSULTANT with access to the CITY's records to allow the
CONSULTANT to identify all available information pertinent to the Project (including previous reports
and any other data relative to design or construction of the Project). The CITY shall make reasonable
efforts to identify such pertinent information for the CONSULTANT. The CONSULTANT is
ultimately responsible for satisfying itself as to accuracy of any data provided, and, furthermore, the
CONSULTANT is responsible for bringing to the CITY's attention, for the CITY's resolution, any
material inconsistencies or errors in such data that come to the CONSULTANT's attention. If the CITY
requires the CONSULTANT's assistance in resolving any error or inconsistency, such services may be
provided by mutual agreement of the parties, and shall be reimbursed by the CITY pursuant to the terms
of such agreement, which shall be established through a change order or addendum to this Agreement.
2.3 Access to Property
The CITY shall arrange for access to and make provisions for the CONSULTANT to enter upon public
and private property, as required for the CONSULTANT to perform its Services.
2.4 Examination
The CITY shall examine all studies, reports, sketches, drawings, specifications, proposals, and other
documents presented by the CONSULTANT, and render, in writing, decisions pertaining thereto within
a reasonable time.
2.5 Approvals and Permits
The CITY shall obtain approvals and permits, with the active assistance and advice of the
CONSULTANT (and as provided in the applicable Scope of Work), from all governmental authorities
having jurisdiction over the Project, and such approvals and consents from others as may be necessary
for successful completion of the Project.
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 2
2.6 City Project Manager
The CITY hereby appoints the City Manager as the City Project Manager for management of this
Project. The City Manager initially appoints the Director of Support Services but may appoint a
different City Project Manager at any time by giving notice to the CONSULTANT. The Project
Manager for the City shall serve as Owner's Representative and shall issue any and all written
authorizations to the CONSULTANT that the Project may require, or that may otherwise be defined or
referred to in this Agreement. The City Project Manager shall also: (1) act as the CITY's agent with
respect to the services rendered hereunder; (2) transmit instructions to and receive information from the
CONSULTANT; (3) communicate the CITY's policies and decisions to the CONSULTANT regarding
the services; (4) initially determine whether the CONSULTANT is fulfilling its duties, responsibilities,
and obligations hereunder; and (5) initially determine the merits of any allegation by the
CONSULTANT respecting the CITY's non-performance of any Project obligation. All determinations
made by the City Project Manager, as outlined above, shall be final and binding upon the
CONSULTANT in regard to further administrative review, but shall not be binding upon the
CONSULTANT in regard to general appearances before or appeals to the Ocoee City Commission, or
appearances before or appeals to a court of competent jurisdiction.
2.7 Notice and Extension of Term
The CITY shall give prompt written notice to the CONSULTANT whenever the CITY observes or
otherwise becomes aware of any development that affects the scope or timing of the CONSULTANT's
Services, or any defect in the work. If the CONSULTANT has been delayed in completing its services
through no fault or negligence of its own, and, as a result, will be unable to complete performance fully
and satisfactorily under the provisions of this Agreement, then, in the CITY's sole discretion, and upon
the submission to the CITY of evidence of the causes of the delay, the CONSULTANT shall be granted
an extension of its Project schedule equal to the period the CONSULTANT was actually and necessarily
delayed.
2.8 Additional Services
The CITY shall furnish, or direct the CONSULTANT to provide, necessary Additional Services as
stipulated in Section 1.2.2 of this Agreement, or other Services as required, or as mutually agreed
pursuant to an approved change order or addendum to this Agreement.
2.9 Incidental Costs
The CITY shall bear all costs incident to compliance with the requirements of this Section.
SECTION 3
PAYMENTS TO CONSULTANT
3.1 General
3.1.1 For Services rendered, the CITY shall pay the CONSULTANT a lump-sum fee, including or
excluding reimbursable expenses, as mutually agreed upon and set forth in Exhibit "B." The
CONSULTANT will invoice the CITY monthly, based upon the CONSULTANT's estimate of
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 3
the portion of the total services actually completed at the time of billing, in a narrative monthly
invoice ("Invoice") .
3.1.2 The CITY will pay the CONSULTANT for the Services detailed in each Invoice, if and as
approved, as summarized in section 3.1.2, and in accordance with the schedule of fees and
reimbursable expenses described in Exhibit "B." The Invoice shall be in a format approved by
the City Project Manager, who must also approve the Invoice prior to the CITY processing the
Invoice for payment.
3.1.2 The CONSULTANT fully acknowledges and agrees that if, at any time, it performs services on
the Project when such services have not been: (a) fully negotiated, reduced to writing, and
formally executed by both the CITY and CONSULTANT or (b) reduced to writing by the CITY
and signed by the CITY, then the CONSULTANT shall perform such services without liability
by the CITY and at the CONSULTANT's own risk.
3.3 Reimbursable Expenses
"Reimbursable Expenses" means the actual, necessary, and reasonable expenses incurred directly or
indirectly in connection with the Project, as may be described in Exhibit "B." All reimbursable expenses
must be approved by City Project Manager prior to CONSULTANT incurring the expense.
3.4 Sales Tax
Under Florida law, the CITY is exempt from sales taxes imposed upon professional services when the
CITY purchases such services directly. The CITY agrees to pay actual taxes (exclusive of any
multiplier) imposed upon the CONSULTANT, for Projects performed pursuant to this Agreement, if
and as applicable when the CONSULTANT purchases sub-consultant services, or materials, except for
qualified sales or resales. The CITY and the CONSULTANT agree that this Subsection may be
modified by addendum or change order, in the event of future changes to Florida law that affect the
parties, terms, or conditions of this Agreement.
3.4 Payments by CITY
3.4.1 All payments for services and approved reimbursable expenses shall be made by the CITY to the
CONSULTANT in accordance with the Florida Local Government Prompt Payment Act,
sections 218.70, et seq., Florida Statutes, unless, within the prescribed payment period, the
CITY: (a) notifies the CONSULTANT of an objection to the payment amount; and (2) provides
the CONSULTANT with either a determination of the proper payment amount or requests
further information from the CONSULTANT so that a proper payment amount can be derived
and agreed upon by the parties.
3.4.2 The CITY's objection to the requested payment amount shall be accompanied by the CITY's
remittance of any undisputed portion of the payment. If the objection is resolved in favor of the
CONSULTANT, then the CITY shall pay the CONSULTANT the amount [beginning from the
payment period, plus interest at one percent (1%) simple interest, per month] so determined,
minus any payment amount previously paid to the CONSULTANT with respect to the objection.
If it is determined that the CITY has overpaid the CONSULTANT, then the CONSULTANT
shall, within thirty(30) calendar days, refund to the CITY the overpayment amount, and interest,
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 4
at one percent(1%) simple interest, per month, and the CONSULTANT shall not be held to be in
breach of this Agreement thereby.
3.4.3 After completion of the work or at the termination of this Agreement, the CONSULTANT shall
submit an Invoice to the CITY for final payment. Acceptance by the CONSULTANT of the
CITY's payment pursuant to CONSULTANT'S final Invoice shall constitute a full and complete
release of the CITY by CONSULTANT for any and all claims or demands relating to further
compensation or payment under this Agreement.
3.5 Payment Withheld
When the CITY has reasonable ground for belief, or information to believe, that: (1) the
CONSULTANT will be unable to perform the services within the approved schedule or (2) a
meritorious claim exists against the CONSULTANT or the CITY arising out of the CONSULTANT's
negligence or the CONSULTANT's breach of any provision of this Agreement, then the CITY may
withhold a payment otherwise due and payable to the CONSULTANT, provided, however, that the
CITY shall not unreasonably withhold other payments that may not otherwise be in dispute. Any
payment so withheld may be retained by the CITY for such period as it deems advisable to protect the
CITY against any loss or deprivation that the CITY may incur pursuant to this subsection. This
provision is intended solely for the benefit of the CITY, and no person shall have any right against the
CITY or claim against the CITY by reason of the CITY's failure or refusal to withhold a payment. This
provision is not intended to limit or in any way prejudice any other right the CITY may have under this
Agreement. .
3.6 Records
3.6.1 Financial Records. The CONSULTANT agrees to maintain, and to cause each sub-consultant to
maintain, complete and accurate books and records (Books) in accordance with sound
accounting principles and standards, and relating to all services and the Project, and the related
costs and expenditures to the CITY that have been contracted for and paid during the life of this
Agreement. The Books shall identify the services rendered during each month,the date that each
Project expense was incurred, and whether the expense was service- or reimbursable-related.
The Books shall be maintained for five (5) years following final payment or five (5) years
following termination of this Agreement, whichever is later.
3.6.2 Public Records. Each party acknowledges that the City is bound by Florida's public records law.
CONSULTANT agrees to comply with public records law in accordance with Chapter 119,
Florida Statutes, and more specifically:
1. Keep and maintain public records required by the City to perform the service described in
this Agreement.
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, FS, or as otherwise provided by
law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 5
contract term and following completion of the contract if the Consultant does not transfer the
records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the City all public records in
possession of the Consultant or keep and maintain public records required by the City to
perform the service. If the Consultant transfers all public records to the City upon completion
of the contract, the Consultant shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Consultant keeps
and maintains public records upon completion of the contract, the Consultant 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. If the CONSULTANT or one of its sub-consultants has questions regarding the application
of Chapter 119, Florida Statutes, as it relates to these requirements, the Consultant has the
duty to contact the Ocoee City Clerk, Ms. Melanie Sibbitt, at (407)-905-3100, extension
1026, msibbitt@ocoee.org, or mailing address: 150 N. Lakeshore Drive, Ocoee, Florida
34761.
3.7 Scope, Cost, and Fee Adjustments
3.7.1 General. The CONSULTANT or the CITY may, at any time, notify the other of requested
changes to the Scope of Work described in Exhibit "B" or any Scope of Work included in a
subsequent change order or addendum to this Agreement. The notification shall state the scope
of the modification and an adjustment of the cost estimate and fee specified in the applicable
Scope of Work to reflect such modification. The cost and fee adjustment due to modification in
the Scope of Work may be calculated utilizing the same method of compensation applicable to
the Scope of Work prior to the Scope's modification. The CONSULTANT and the CITY
understand that, unless the cost and fee adjustment is within a previously approved budget, any
change to the Scope of Work must be approved or authorized by the Ocoee City Commission. If
the cost and fee adjustment is within a previously approved budget for changes to the Scope of
Work for the overall Project, the change may be approved by the City Project Manager.
3.7.2 Scope Reduction. The CITY shall have the sole right to reduce (or eliminate, in whole or in part)
the Scope of the Project at any time and for any reason upon written notice to the
CONSULTANT specifying the nature and extent of the reduction. In such event, the
CONSULTANT shall be fully compensated for the services already performed, including all
Project-specific fee amounts due and payable prior to the effective date stated in the CITY's
notification of the reduction and for a maximum of five (5) days' demobilization costs. The
CONSULTANT shall also be compensated for the services remaining to be performed, if any,
that are not reduced or eliminated from the Project.
3.7.3 Scope Suspension. The CITY may, at any time and for any reason, direct the CONSULTANT to
suspend work in whole or in part under this Agreement. Such direction shall be in writing and
shall specify the period during which services shall be stopped. The CONSULTANT shall
resume its Services upon the date specified, or upon such other date as the CITY may thereafter
specify in writing. The period during which the services are stopped by the CITY shall be added
to the applicable term of the work, provided, however, that any work stoppage not approved or
caused by the actions or inactions of the CITY shall not give rise to any claim against the CITY
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 6
by the CONSULTANT. The CITY agrees to compensate the CONSULTANT for its reasonable
and verifiable costs attributable to any delay approved or caused by the actions or inactions of
the CITY.
3.8 Payment upon Termination
Upon the termination of this Agreement, the CONSULTANT shall prepare a final and complete invoice
for all services and reimbursable expenses incurred since submission of the last invoice through the date
of termination. The final invoice shall be subject to all of the provisions described herein.
SECTION 4
TERMINATION
4.1 Termination Without Cause
This Agreement may be terminated by the CITY without cause by delivering thirty (30) days' written
notice to the CONSULTANT. In the event of the termination of this Agreement, any liability of one
party to the other arising out of any services rendered, or any act or event occurring prior to termination,
shall not be deemed to be terminated or released. The CONSULTANT shall be paid for Services
completed prior to receipt of the termination notice and for reasonable costs relating to commitments for
the benefit of the City prior to the termination; however, final payment to the CONSULTANT will
exclude any and all anticipated supplemental costs, administrative expenses, overhead, and profit on
uncompleted Services.
4.2 Termination for Cause
4.2.1 In addition to any other termination provisions that may be provided in this Agreement, the
CITY may terminate this Agreement, or any change order or addendum issued under this Agreement, in
whole or in part, if the CONSULTANT: (1) submits a willfully false invoice or (2) substantially fails to
perform any obligation under this Agreement and does not remedy the failure within fifteen (15)
calendar days after receipt by the CONSULTANT of written demand from the CITY to do so, unless the
nature of the failure is such that it cannot, in the exercise of reasonable diligence, be remedied within
fifteen (15) calendar days, in which case the CONSULTANT shall have such time as is reasonably
necessary to remedy the failure, provided the CONSULTANT promptly takes and diligently pursues
such actions as are necessary therefor. The CONSULTANT may terminate this Agreement if the CITY
substantially fails to perform any obligation under this Agreement, other than responding to a demand
for payment, which is addressed in Section 3, herein, and does not remedy the failure within fifteen (15)
calendar days after receipt by the CITY of written demand from the CONSULTANT to do so, unless,
however, the nature of the failure is such that it cannot, in the exercise of reasonable diligence, be
remedied within fifteen(15) calendar days, in which case the CITY shall have such time as is reasonably
necessary to remedy the failure, provided it promptly takes and diligently pursues such actions as are
necessary therefor.
4.2.2 Upon termination of this Agreement for cause by the CITY, the CITY may pay the
CONSULTANT for the services actually rendered and the reasonable and provable expenses required
by and actually incurred by the CONSULTANT for services prior to the effective date of termination.
Such payments, however, shall be reduced by an amount equal to any additional costs and damages
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 7
incurred by the CITY as a result of the default(s) of the CONSULTANT, including all incidental and
consequential fees and expenses.
4.3 Delivery of Materials Upon Termination
In the event of termination of this Agreement by the CITY prior to the CONSULTANT's satisfactory
completion of all the services described to herein, the CONSULTANT shall promptly furnish the CITY,
at no additional cost or expense, with one (1) copy of the following items (Documents), any or all of
which may have been produced prior to and including the date of termination: data, specifications,
calculations, estimates, plans, drawings, construction documents, photographs, summaries, reports,
memoranda, and any and all other documents, instruments, information, and materials (whether or not
completed) that were generated or prepared by the CONSULTANT, or by any sub-consultant, in
rendering the services described herein and not previously furnished to the CITY by the
CONSULTANT pursuant to this Agreement. The Documents shall be the sole property of the CITY,
and the CITY shall be vested with all rights provided therein of whatever kind and however created.
The CONSULTANT shall also require that all sub-consultants agree in writing to be bound by the
provisions of this subsection. This provision is supplemental to the language in this Agreement relating
to public records.
SECTION 5
SUSPENSION
The CITY has the right to suspend the CONSULTANT's services; however, if the CITY suspends the
CONSULTANT's Services, the CITY will add to the time period for the performance of service an
amount of time not less than the duration of such suspension and compensate the CONSULTANT for its
reasonable and verifiable costs, profits (as agreed to by the CITY), and losses (including overhead
costs, reimbursable expenses, and sub-consultant expenses incurred) associated with demobilization and
remobilization for such suspended service.
SECTION 6
MATERIALS,REUSE OF DOCUMENTS,AND CONFIDENTIALITY
6.1 General
One reproducible copy of all data, inspector's reports,job files, test reports, shop drawings, construction
photographs, cost control and scheduling data, computer printouts, sub-consultant submittals,
summaries, memoranda and other written work, documents, instruments, information, and materials
generated or prepared by the CONSULTANT especially for the services rendered hereunder whether or
not completed shall be supplied by the CONSULTANT to the CITY at the CITY's request. The final
work product of all such materials (e.g., signed and sealed Drawings and Specifications used to record
the design and as-built conditions, studies, analyses, etc.), along with all formal CONSULTANT-CITY
correspondence concerning the Project(e.g., letters, tapes, memoranda, etc.) shall be the sole property of
the CITY. All materials described above shall be retained by the CONSULTANT for the statutory
period (section 95.11, Florida Statutes, as it may be from time-to-time amended), or as may otherwise be
agreed by the parties. Furthermore, the CITY may reuse them at no additional cost, and the CITY shall
be vested with all rights of whatever kind and however created that may be in existence thereto.
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 8
6.2 Reuse of Documents
The CITY acknowledges that the materials described immediately above are not intended for use in
connection with any project or purpose other than the Project and purpose for which the materials are
prepared. Any reuse by the CITY of such materials in connection with a project or purpose other than
that for which such materials were prepared, without the prior written consent of the CONSULTANT,
shall be at the CITY's sole risk, and the CONSULTANT shall have no responsibility or liability related
thereto.
SECTION 7
NOTICES
All notices denominated as such by this Agreement, or the City Code, or Florida law, required to be
given to the CONSULTANT hereunder shall be in writing, and shall be given by hand-delivery or
United States mail, postage prepaid, addressed to:
S&ME, Inc.
1615 Edgewater Drive, Suite 200
Orlando, FL 32804
Attention: Bruce Hall
All notices required to be given to the CITY shall be in writing, and shall be given by hand-delivery or
United States mail,postage prepaid, to the City Manager and City Clerk, separately, at:
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
Attention: Director of Support Services
If a different City Project Manager is appointed, then that person shall replace the Director of Support
Services on all notices. Either party may change its address by written notice to the other party given in
accordance with the provisions of this subsection.
SECTION 8
CONFLICTS OF INTEREST
The CONSULTANT represents and warrants unto the CITY that no officer, employee, or agent of the
CITY has any interest, directly or indirectly, in the business of the CONSULTANT to be conducted
hereunder. The CONSULTANT further represents and warrants to the CITY that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this Agreement, and that it has not paid, or agreed to pay, or given
or offered any fee, commission, percentage, gift, loan, or anything of value (Value) to any person,
company, corporation, individual, or firm, other than bona fide personnel working solely for the
CONSULTANT, in consideration for or contingent upon, or resulting from the award or making of this
Agreement. Further, the CONSULTANT also acknowledges that it has not agreed, as an expressed or
implied condition for obtaining this Agreement, to employ or retain the services of any person,
company, individual, or firm in connection with carrying out this Agreement. It is absolutely
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 9
understood and agreed by the CONSULTANT that, for the breach or violation of this subsection, the
CITY shall have the right to terminate this Agreement without liability and at its sole discretion, and to
deduct from any amounts owed, or to otherwise recover, the full amount of any Value paid by the
CONSULTANT. As a condition of this Agreement, CONSULTANT shall execute a Truth-in-
negotiation Certificate, which is attached hereto as Exhibit "C" and incorporated herein by reference.
SECTION 9
WAIVER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL THE CITY BE LIABLE TO CONSULTANT OR TO ANY THIRD PARTY
FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE; NOR SHALL THE CITY BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF USE, OR COST OF COVER
INCURRED BY CONSULTANT OR ANY THIRD PARTIES ARISING OUT OF THIS
AGREEMENT AND/OR CONCERNING THE PERFORMANCE OF SERVICES BY THE
CONSULTANT OR BY THE CITY UNDER THIS AGREEMENT.
SECTION 10
INDEMNIFICATION AND INSURANCE
10.1 Indemnification
The CONSULTANT agrees to indemnify, defend and hold harmless the City, its representatives,
employees, and elected and appointed officials from liabilities, damages, losses and costs, including, but
not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or
intentional wrongful misconduct of the Consultant and persons employed or utilized by the
CONSULTANT in the performance of any professional services rendered under this Agreement. For
purposes of compliance with Florida law, CONSULTANT acknowledges that this provision shall be
deemed a part of the project specifications or the bid documents.
10.2 Insurance
10.2.1 General. The CONSULTANT shall purchase, maintain, and keep in full force, effect, and good
standing, such insurance as described below and in Exhibit "A," and any other insurance
necessary to fully protect it from claims of the nature that are detailed herein, that may arise out
of, or result from, the CONSULTANT's operations, performance, or services, or all of these
things, or any of these things in combination (CONSULTANT's Operations), whether the
CONSULTANT's Operations are by the CONSULTANT, any of its agents or sub-consultants, or
anyone for whose act or acts it may be liable. The CONSULTANT's insurance carrier shall be
licensed to do business in the State of Florida and shall have an A.M. Best Rating of A or better.
The insurance required by this subsection shall be written for not less than the limits of liability
specified in Exhibit "A" or required by law, whichever is greater, and shall include contractual
liability insurance, as applicable to the CONSULTANT's obligations under this Agreement. The
City shall be named additional insured on all such policies.
10.2.2 Coverage Amounts. The CONSULTANT shall provide evidence of insurance in accordance
with the terms stated in Exhibit "A" and the form of a certificate of insurance issued on behalf of
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 10
the CITY by companies acceptable to the CITY at the minimum limits and coverage's with
deductible amounts acceptable to the CITY, as provided in Exhibit"A."
10.2.3 The CONSULTANT shall not commence any work in connection with this Agreement until all
insurance has been obtained and approved by the CITY, nor shall the CONSULTANT allow any
sub-consultant to commence work on a subcontract until all similar insurance required of the
sub-consultant 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 under section 440.57, Florida Statutes.
10.2.4 CITY's Right to Inspect Policies. In the event of a claim, the CONSULTANT shall, upon ten
(10) days' written request from the CITY, deliver copies to the CITY of any or all insurance
policies that are required in this Agreement.
SECTION 11
MISCELLANEOUS PROVISIONS
11.1 Local, State, and Federal Obligations
11.1.1 Discrimination. The CONSULTANT, for itself, its delegates, successors-in-interest, and its
assigns, and as a part of the consideration hereof, does hereby covenant and agree that: (1) in the
furnishing of services to the CITY hereunder, no person shall be excluded from participation in,
denied the benefits of, or otherwise subjected to discrimination in regard to this Agreement on
the grounds of such person's race, color, creed, national origin, disability, marital status, religion,
or gender; and (2) the CONSULTANT shall comply with all existing requirements concerning
discrimination imposed by any and all applicable local, state, and federal rules, regulations, or
guidelines, and as such rules, regulations, or guidelines may be from time to time amended. In
the event of a breach of any of the nondiscrimination covenants described in this Subsection, the
CITY shall have the right to terminate this Agreement, with cause, as described above.
11.1.2 Compliance with Law. The CONSULTANT and its employees shall promptly observe, comply
with, and execute the provision of any and all present and future federal, state, and local laws,
rules, regulations, requirements, ordinances, and orders which may pertain or apply to the
services that may be rendered to the CITY under this Agreement, or to the wages paid by the
CONSULTANT to its employees. The CONSULTANT shall also require, by contract, that all
sub-consultants comply with the provisions of this subsection.
11.1.3 Licenses. The CONSULTANT shall, during the life of this Agreement, procure and keep in full
force, effect, and good standing all necessary licenses, registrations, certificates, permits, and
other authorizations as are required by local, state, or federal law, in order for the
CONSULTANT to render its services as described herein. The CONSULTANT shall also
require all sub-consultants to comply by contract with the provisions of this subsection.
11.1.4 Compliance with New Regulations. Future funding for the design and construction of capital
improvements related to the Services provided by CONSULTANT under this Agreement may
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 11
come from federal, state, and private sources that may be identified by the CITY or
CONSULTANT in the course of the work. The CONSULTANT agrees that at such time as
these sources modify their procedures in order for the CITY or the CONSULTANT to qualify
for funding, then the CONSULTANT shall consent to and make such modifications or
amendments in a timely manner. If the CONSULTANT is unable to comply with applicable
rules and regulations governing the grant of such funds, then the CITY shall have the right, by
written notice to the CONSULTANT, to terminate this Agreement for convenience.
Furthermore, if the CONSULTANT's compliance with such laws, regulations, rules, or
procedures causes a material change to a term or condition of this Agreement, then the CITY
agrees, upon sufficient proof of material changes, as may be presented to it by the
CONSULTANT, to amend all related CITY/CONSULTANT contractual obligations, and to
revise the Project fees accordingly.
11.1.5 License Fees and Royalties. The CONSULTANT agrees that any invention, design, process,
product, device, proprietary system, or proprietary process for which an approval (of any type)
may be necessary, shall be paid for by the CITY, but shall be secured by the CONSULTANT
(or, at the CONSULTANT's direction, by its sub-consultant) before the completion of related
services.
11.2 Consultant Is Not Agent of City
The CONSULTANT is not authorized to act as the CITY's agent hereunder and shall have no authority,
expressed or implied, to act for or bind the CITY hereunder, either in CONSULTANT's relations with
sub-consultants, or in any other manner whatsoever, except as otherwise stated in the Scope of Work.
11.3 Sub-consultants
11.3.1 General. The CONSULTANT shall have the right, conditioned upon the CITY's prior consent
(which shall not be unreasonably withheld), to employ other firms, consultants, contractors, etc.
as its sub-consultants, provided, however, that the CONSULTANT shall: (1) inform the CITY
as to what particular services the sub-consultants shall be employed to do; (2) inform the CITY
as to what extent(what percentage) of the total services each sub-consultant shall be employed to
do; (3) be solely responsible for the performance of all of its sub-consultants, including but not
limited to their maintenance of schedules, correlation of services, or both of these things, and the
resolution of all differences between them; (4) promptly terminate the use and services of any
sub-consultants upon written request from the CITY (which may be made for the CITY's
convenience); (5) promptly replace each such terminated sub-consultant with a sub-consultant of
comparable experience and expertise or undertake the work with its own staff; (6) cause a sub-
consultant to remove any employee(s) from the Project as the CITY shall request(for the CITY's
convenience); and (7) assure that such employee(s) shall be promptly replaced by other
employee(s) of comparable experience and expertise and who are otherwise acceptable to the
CITY. After the sub-consultant has received notice of the termination, or two (2) business days
after the CITY has notified the CONSULTANT in writing of the required termination of the sub-
consultant or the sub-consultant's employee, whichever shall occur first, the CITY shall have no
obligation to reimburse the CONSULTANT for the services subsequent to the notice of
termination of any sub-consultant or employee who may be terminated pursuant to the provision
of this subsection, provided, however, that the CITY shall reimburse the CONSULTANT for the
CONSULTANT's reasonable and provable sub-consultant demobilization or remobilization
costs, as defined herein, and reasonable and provable additional fees charged by the new sub-
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 12
consultant, if any, if the CITY terminates a sub-consultant for convenience, and provided,
further, that the CONSULTANT shall receive no reimbursement for demobilization or
remobilization costs or any additional fees or costs, if a sub-consultant is terminated for cause. It
is also understood that the CITY does not, by accepting a sub-consultant, warrant or guarantee
the reliability or effectiveness of that sub-consultant's services.
11.3.2 Work Outside Scope and Time of Payment. The CITY shall have no obligation to reimburse the
CONSULTANT for the services of any sub-consultant that may be in addition to the anticipated
services, or for those sub-consultant services not previously made known to the CITY, or that are
otherwise outside of the Scope of Work, unless and until the CITY has given written approval of
such reimbursement. The CONSULTANT agrees to pay all such sub-consultants for their
Project-related services no later than thirty (30) calendar days after the CONSULTANT's receipt
of payment from the CITY for work performed by the sub-consultants, unless such payment is
disputed by the CONSULTANT, and the CITY receives written notice thereof.
11.3.3 Sub-consultant Contracts. The CONSULTANT shall provide a copy of all relevant provisions of
this Agreement to all sub-consultants hired by it or for which it may have management
responsibilities and shall inform all sub-consultants that all services performed hereunder shall
strictly comply with the terms and provisions of this Agreement, including those relating to
insurance and insurance coverage. The CONSULTANT shall also furnish the CITY, upon
demand, with a copy of all contracts between the CONSULTANT and its sub-consultants.
11.4 Assignment and Delegation
The CITY and the CONSULTANT bind themselves and their partners, successors, executors,
administrators, and assigns, to the other party of this Agreement in respect to all duties, rights,
responsibilities, obligations, provisions, conditions, and covenants of this Agreement; except that the
CONSULTANT shall not assign, transfer, or delegate its rights or duties, or both of these things, in this
Agreement without the prior written consent of the CITY. The CITY has the right to withhold such
consent at its convenience. If the CONSULTANT attempts to assign, transfer, or delegate its rights or
duties in violation of the provisions of this Agreement and without the CITY's consent, then the CITY
may terminate this Agreement as a breach of contract by the CONSULTANT and as a failure by the
CONSULTANT to substantially perform its obligations hereunder; any such assignment shall be null,
void, and of no legal effect. The CITY shall have the right to assign its rights (or any part of them) or to
delegate its duties and obligations (or any part of them) to another entity upon written notice to
CONSULTANT and that CITY's assignee shall be bound by all applicable terms and conditions as
provided in this Agreement.
11.5 Audits
11.5.1 Periodic Auditing of Consultant's Books. The CITY shall have the right, at any reasonable time
and through any of its designated agents or representatives, to inspect and audit the books for the
purpose of verifying the accuracy of any invoice. In addition to the above and upon request of
the CITY, the CONSULTANT shall prepare an audit (for the most recent fiscal year) for the
CITY, which shall include the CONSULTANT's paid salary, fringe benefits, general and
administrative overhead costs, profit, and the total amount of money paid by the CITY to the
CONSULTANT. This audit shall be certified as true and correct by, and shall bear the signature
of,the CONSULTANT's chief financial officer or its certified public accountant.
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 13
11.5.2 Overcharge. If it is established by the audit, or by any other means, that the CONSULTANT has
over-billed or overstated its costs, fees, or reimbursable expenses (Overcharge) to the City, then
the amount of any Overcharge shall be refunded by the CONSULTANT within 30 days of notice
by CITY, together with interest at the rate of one percent (1%) per month and the CITY's
reasonable and verifiable costs (including the auditing expenses) in discovering the Overcharge
and effecting its repayment.
11.6 Entire Agreement
This Agreement, including the Exhibits hereto, constitutes the entire Agreement between the parties, and
shall supersede and replace all prior agreements or understandings, written or oral, relating to the
matters set forth therein, and that specifically related to the execution of this particular document.
11.7 Amendment
This Agreement may be amended or modified only by a change order or addendum, and as duly
authorized and executed by the parties.
11.8 Validity; Governing Law; Venue
The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and
governed by the laws of the State of Florida only. In the event any provision hereof is determined to be
unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of
this Agreement, which shall remain in full force and effect. To that extent, this Agreement is deemed
severable. Venue for any dispute under this Agreement shall be in the Ninth Judicial Circuit, or in the
U.S. District Court,middle district, located in Orange County, Florida.
11.9 Headings
The headings of the Sections or Subsections of this Agreement are for the purpose of convenience only,
and shall not be deemed to expand, limit, or modify the provisions contained in such Sections or
Subsections.
11.10 Timeliness
The CITY and the CONSULTANT acknowledge and understand that time is of the essence in this
Agreement, and that the services shall be performed in as expeditious a manner as may be in accord with
the nature of the Project.
11.11 Public Entity Crimes
Any Person or affiliate, as defined in section 287.133, Florida Statutes, shall not be allowed to contract
with the CITY, 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
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 14
stolen property or material misrepresentation. Any Agreement with the CITY obtained in violation of
this Section shall be subject to termination for cause. A sub-consultant who obtains a subcontract in
violation of this Section shall be removed from the Project and promptly replaced by a sub-consultant
acceptable to the City.
11.12 Force Majeure
The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen
circumstances of a similar nature, may necessitate modifications to the approved Scope of Work or time
schedule, such modifications may include, but not be limited to, the Project's Scope of Work, schedule,
and fee. If such conditions and circumstances do, in fact, occur, then the CITY and CONSULTANT
shall mutually agree, in writing, to the modifications to be made to this Agreement.
11.13 Remedies and Costs
All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or
exclusive of each other or of any other remedy available to either party, at law or in equity.
11.14 Dispute Resolution and Exclusive Venue
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 City shall select the mediator who, if selected solely by the
City, shall be a mediator certified by the Supreme Court of Florida. No suit or other legal proceeding
shall be filed until 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. The sole and exclusive
venue for any mediation shall be in Orange County, Florida. Any legal proceeding of any nature
brought by either party against the other to enforce any right or obligation under this Agreement, or
arising out of any matter pertaining to this Agreement or the work to be performed hereunder, shall be
submitted for trial, without a jury, before the Circuit Court of the Ninth Judicial Circuit, in and for
Orange County, Florida. The parties consent and submit to the jurisdiction of such court and agree to
accept service of process outside the State of Florida in any matter to be submitted to any such court
pursuant hereto. The City and Consultant expressly waive all rights to trial by jury regarding any legal
proceeding of any nature brought by either party against the other to enforce any right or obligation
under this Agreement, or arising out of any matter pertaining to this contract or the work to be
performed hereunder.
11.15 Non-exclusive Agreement
The CITY reserves the right to contract with other firms for any and all of the services anticipated by
this Agreement.
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 15
IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the parties hereto and by
its duly authorized representatives, as of the date first written above.
ACCEPTED:
ATTEST:
BY:
Name: Name:
Title:
(SEAL)
APPROVED: CITY OF OCOEE, FLORIDA
ATTEST:
Melanie, Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING
APPROVED AS TO FORM AND LEGALITY HELD ON
this day of , 20 . UNDER AGENDA ITEM NO.
SHUFFIELD, LOWMAN &WILSON, P.A.
BY:
Scott A. Cookson, City Attorney
RFQ 1703 Design Services for Lakefront Park Improvements Project Page 16
EXHIBIT A
RFQ 1703
CITY OF OCOEE
REQUEST FOR QUALIFICATIONS
(RFQ) #1703
DESIGN SERVICES FOR
LAKEFRONT PARK IMPROVEMENTS
lq* -/ .- /4P*
ocoee
florida
Request for Qualifications,Legal Advertisement
The City of Ocoee, Florida, (the "City") is soliciting sealed statements of qualifications for RFQ
No. 1703 Design Services for Lakefront Park Improvements. Qualification Packages will be
received at the office of Joyce Tolbert, CPPB Purchasing Agent, Finance
Department/Purchasing, Second Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until
2:00 P.M., local time, on February 28, 2017. Qualification Packages received after that time
will not be accepted under any circumstances. Sealed Qualification Packages that have been
timely received will be publicly opened and the names of the responding firms read aloud at that
time. No Pre-Submittal conference is scheduled at this time. Prospective respondents may
secure a copy of the documents required for submitting a response through Onvia/Demandstar by
accessing the City's website at http://www.ocoee.org under the "Living & Working" section.
Partial sets of the documents required for submitting a statement of qualifications will not be
issued. By using Onvia/Demandstar, prospective respondents will be provided with all
information regarding this RFQ, including all addendums and changes to the project
requirements. Membership with Onvia/Demandstar is not required to submit a response; fees
may apply for non-members. Persons other than prospective respondents may inspect the
documents required for submitting a bid at the Ocoee City Hall City Clerk's Office, 150 N.
Lakeshore Dr., Ocoee, FL 34761. Persons inspecting the documents at the City Clerk's office
that request copies will be required to pay a fee as prescribed by statute. Melanie Sibbitt, City
Clerk, January 29, 2017.
RFQ#1703—Design Services for Lakefront Park Improvements 2
CITY OF OCOEE
REQUEST FOR QUALIFICATIONS "RFQ" #1703
DESIGN SERVICES FOR LAKEFRONT PARK IMPROVEMENTS
A. INTRODUCTION AND GENERAL INSTRUCTIONS
1. The City of Ocoee, Florida (City), in conformance with the Consultants' Competitive
Negotiations Act (CCNA), Florida Statutes Section 287.055, and the policies and
procedures of the City of Ocoee (City) is soliciting statements of qualifications from
qualified professional landscape architecture or engineering design firm
(Respondent, Firm) to design a number of major improvements to the Ocoee
Lakefront Park on the western shore of Starke Lake. The Lakefront Park
Improvement project is part of a $45 million public infrastructure investment by the
City as a means of stimulating development in the downtown Ocoee area. The initial
design effort will be the crafting of an overall site plan for all City-owned property in
the immediate area. Parking for the Lakefront Park will be shared with the adjacent
major event venues (City Hall, Lakeshore Center, Withers-Maguire House, and Bill
Breeze Field). Parking, landscaping, and various other public space requirements for
all these facilities will be addressed by the Lakefront Park Improvements project in
the initial site plan deliverable. Additional information is available regarding Ocoee's
Downtown Redevelopment at http://www.ocoee.org/807/Downtown-Master-Plan.
This project will be funded by bond proceeds and other dollars appropriated by the
City Commission. The project will be awarded upon securing the required funding.
Responding firms must be experienced in providing design services for projects of a
scope and nature comparable to those described. Use of qualified sub-consultants for
specialty work is acceptable. To be considered, the firm shall be qualified by a
licensed professional in accordance with Florida State law and be familiar with all
applicable State of Florida, St. Johns River Water Management District, Orange
County, and City land development codes, regulations, and laws, and with City and
Orange County construction standards.
2. The City intends to award a contract to one (1) qualified design firm to perform the
required services. In determining whether a firm is qualified, the City shall consider
the Evaluation Criteria set forth in this RFQ.
3. Prospective respondents may secure a copy of the documents required for submitting
a response through Onvia/Demandstar by accessing the City's website at
http://www.ocoee.org under Finance/Purchasing. Partial sets of the documents
required for submitting a statement of qualifications will not be issued. By using
Onvia/Demandstar, prospective respondents will be provided with all information
regarding this RFQ, all addendums and changes to the project requirements; Fees
may apply for non-members. Membership with Onvia/Demandstar is not required to
submit a response.
4. Each qualification package must consist minimally of a cover letter, statement of
qualifications, and company information form (attached at the end of these
instructions). Please also include a copy of all applicable licenses held by firms or
RFQ#1703—Design Services for Lakefront Park Improvements 3
key subconsultants proposing to perform the work. Statements of qualifications must
be limited to a total of Fifty (50) 8.5"x 11" pages (including any resumes and 2-page
cover letter but excluding front and back covers, dividers, table of contents, and
company information form), single-sided, portrait orientation, 12-point font.
Additional requirements of submissions are supplied below in Section D. Any
qualifications package failing to conform to these specifications is subject to
rejection. The person signing the signature sheet on behalf of the respondent
must have the legal authority to bind the respondent to the submitted
qualification package and shall be understood to do so. All expenses for
providing qualification packages to the City shall be borne by the respondent.
5. Firms, companies and/or individuals interested in providing these services shall
submit one(1) original paper and one (1) complete electronic copy in a single pdf
file of their qualifications package. The electronic copies shall be submitted in a fully
electronic form on a USB FLASH DRIVE as an Adobe PDF file, version 5 or later.
Qualification Packages shall be submitted to the City of Ocoee in one sealed package,
clearly marked on the outside with the appropriate RFQ number and closing date and
time, addressed to:
Joyce Tolbert, Purchasing Agent
City of Ocoee Finance Department
150 N. Lakeshore Drive
Ocoee, Florida 34761
Phone: (407) 905-3100 x 1516
FAX number: (407) 905-3194
j tolbert@ci.ocoee.fl.us
No fax or e-mailed submissions will be accepted.
6. Qualification packages must be received no later than 2:00 p.m. (local time) on
February 28, 2017. Any qualification packages received after the above-noted time
will not be accepted under any circumstances. Any uncertainty regarding the time a
qualification package is received will be resolved against the Respondent. It shall be
the sole responsibility of the Respondent to have the qualifications package delivered
to the Ocoee City Hall by U.S. mail, hand delivery, or any other method available to
them. Delay in delivery shall not be the responsibility of the City. A qualifications
package received after the deadline shall not be considered and shall be returned
unopened. Any request to withdraw a qualifications package must be addressed in
writing. Such requests must be received by the City prior to the deadline of the
submission.
7. Pre-Submittal Conference: None scheduled at this time.
8. The City will receive questions regarding the RFQ only through written inquiries
directed to the Purchasing Agent. Deadline for receipt of written inquiries will be
February 21, 2017 at 2:00 p.m., local time. Potential Respondents should not
contact City staff, with the exception of the Purchasing Agent, or other City
consultants or City Commission for information regarding this RFQ before the
project award date. Any contact with any other member of the City Staff, City
RFQ#1703—Design Services for Lakefront Park Improvements 4
Commission, or its consultants during the RFQ, award, and protest period may be
grounds for Respondent disqualification.
9. Action on qualification packages is expected to be taken by the City Commission
within ninety (90) days of the submission opening date; however, no guarantee or
representation is made herein as to the time between receipt of the qualification
package and subsequent City Commission action. A more detailed schedule is given
below.
10. All applicable laws and regulations of the United States, the State of Florida, and the
City of Ocoee will apply to any resulting Agreement. The provisions of the
Consultant's Competitive Negotiations Act (Section 287.055, Florida State Statutes)
shall apply,where applicable.
11. The successful Respondent shall be required to execute an Agreement, in form and
content acceptable to the City, indemnifying and holding harmless the City, its
officials, officers, employees, and agents from all claims.
12. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME): A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a proposal on an award to provide any goods or services
to a public entity, may not submit a proposal on an award with a public entity for the
construction or repair of a public building or public work, may not submit proposals
on leases of real property to a public entity, may not be awarded or perform work as a
Contractor, Supplier, Subcontractor, or Consultant under a award with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in section 287.017 for Category Two for a period of 36 months
from the date of being placed on the convicted vendor list. [See Florida State Statute
287.133 (2)(a).
13. FLORIDA PUBLIC RECORDS LAW: In accordance with Chapter 119 of the
Florida Statutes, and, except as may be provided by Chapter 119 of the Florida
Statutes and other applicable State and Federal Laws, all Respondents should be
aware that the proposal and the responses thereto are in the public domain and are
available for public inspection. Respondents are requested, however, to identify
specifically any information contained in their proposal which they consider
confidential and/or proprietary and which they believe to be exempt from disclosure,
citing specifically the applicable exempting law. All proposals received in response to
this request of proposal become the property of the City of Ocoee and will not be
returned. In the event of an award, all documentation produced as part of the contract
will become the exclusive property of the City.
14. PATENT INDEMNITY: Except as otherwise provided, the successful respondent
agrees to indemnify the City and its officers, agents, and employees against liability,
including costs and expenses for infringement upon any letters patent of the United
States arising out of the performance of this Contract or out of the use or disposal by
or for the account of the City or supplies furnished or construction work performed
hereunder, to the extent caused by the negligence, recklessness, or intentional
RFQ#1703—Design Services for Lakefront Park Improvements 5
wrongful misconduct of the Respondent and persons employed or utilized by the
Respondent in the performance of the construction contract.
Further, the Respondent shall fully indemnify, defend, and hold harmless the City and
its officers, agents, and employees from any suits, actions, damages, and costs of
every name and description, including attorneys' fees, arising from or relating to
violation or infringement of a trademark, copyright, patent, trade secret, unpatented
invention, or intellectual property right. If the bidder uses any design, device, or
materials covered by letters, patent, or copyright, it is mutually agreed and
understood without exception that the bid price shall include all royalties or cost
arising from the use of such design, device, or materials.
15. Conflict of Interest/Non-Collusion Certification:
The Respondent declares by submission of a qualification package that the only
persons, or parties interested in their bid are those named herein,that this bid is, in all
respects, fair and without fraud and that it is made without collusion with any other
vendor or official of the City of Ocoee. Neither the Affiant nor the above named
entity has directly or indirectly entered into any agreement, participated in any
collusion, or otherwise taken any action in restraint of free competitive pricing in
connection with the entity's submittal for the above project. This statement restricts
the discussion of pricing data until the completion of negotiations and execution of
the Agreement for this project.
The Respondent certifies that no City Commissioner, other City Official or City
employee directly or indirectly owns assets or capital stock of the bidding entity, nor
will directly or indirectly benefit by the profits or emoluments of this proposal. (For
purposes of this paragraph, indirect ownership or benefit does not include ownership
or benefit by a spouse or minor child.)
The Respondent certifies that no member of the entity's ownership or management is
presently applying for an employee position or actively seeking an elected position
with the City. In the event that a conflict of interest is identified in the provision of
services, the Respondent agrees to immediately notify the City in writing.
The Respondent further declares that a careful examination of the scope of services,
instructions, and terms and conditions of this bid has occurred, and that the bid is
made according to the provisions of the bid documents, and will meet or exceed the
scope of services,requirements, and standards contained in the Bid documents.
Respondent agrees to abide by all conditions of the negotiation process. In
conducting negotiations with the City, Respondent offers and agrees that if this
negotiation is accepted, the Respondent will convey, sell, assign, or transfer to the
City all rights, title, and interest in and to all causes of action it may now or hereafter
acquire under the Anti-trust laws of the United States and the State of Florida for
price fixing relating to the particular commodities or services purchased or acquired
by the City. At the City's discretion, such assignment shall be made and become
effective at the time the City tenders final payment to the Respondent. The bid
RFQ#1703—Design Services for Lakefront Park Improvements 6
constitutes a firm and binding offer by the Respondent to perform the services as
stated.
16. The City reserves the right to accept or reject any or all proposals, to waive
formalities, technicalities or irregularities, to request clarification of information
submitted in any proposal, or to re-advertise for new proposals. The City may accept
any item or group of items of any proposal, unless the Respondent qualifies its
proposal by specific limitations. The City may accept one or more proposals if, in the
City's discretion, the City determines that it is in the City's best interest to do so.
The City reserves the right to award the contract to the Respondent which, in the
City's sole discretion, is the most responsive and responsible Respondent The City
reserves the right, as an aid in determining which proposal is responsible, to require a
Respondent to submit such additional evidence of Respondent's qualifications as the
City may deem necessary, and may consider any evidence available to the City of the
financial, technical, and other qualifications and abilities of a Respondent, including
past performance (experience) with the City and others. The City Commission shall
be the final authority in the selection of any and all proposals
B. INSURANCE TERMS AND CONDITIONS
The successful respondent shall be required to provide evidence of both General (Public &
Property) Liability and 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
City as an additional insured, by companies acceptable to the City at the minimum limits
and coverages listed below with deductible amounts acceptable to the City. The selected
consultant shall not commence any work in connection with an Agreement until all of the
following types of insurance have been obtained and such insurance has been approved by
the City, 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 General Consultant
and/or subconsultant providing such insurance.
2. Workers' Compensation Insurance: The Consultant 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 Consultant 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
Consultant. Such insurance shall comply fully with the Florida Workers'
RFQ#1703—Design Services for Lakefront Park Improvements 7
Compensation Law. In case any class of employees engaged in hazardous work under
this contract for the City is not protected under the Workers' Compensation statute, the
Consultant shall provide, and cause each subconsultant to provide adequate insurance,
satisfactory to the City, for the protection of the Consultant's employees not otherwise
protected. Include Waiver of Subrogation in favor of the City of Ocoee.
3. Consultant's Public Liability and Property Damage Insurance: The Consultant 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 Consultant and the City 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 Consultant or
by anyone directly or indirectly employed by the Consultant, 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 Consultant 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 Consultant's policy, as specified
above.
7. Owner's Protective Liability Insurance: (Not applicable for Design Services). As
applicable for construction projects, providing coverage for the named insured's
liability that arises out of operations performed for the named insured by independent
consultants and are directly imposed because of the named insured's general
supervision of the independent consultant. The Consultant shall procure and furnish an
Owner's Protective Liability Insurance Policy with the following limits: $1,000,000,
and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the
Named Insured.
8. 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.
RFQ#1703—Design Services for Lakefront Park Improvements 8
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
Commercial Umbrella:
• $1,000,000 PER OCCURRENCE
• $2,000,000 Aggregate
• Including Employer's Liability and Contractual Liability
Builders Risk: (Not Applicable for Design Services).
• $100,000 Any(1) Location
• $1,000,000 Any(1) Occurrence
(remainder of page left blank intentionally)
RFQ#1703—Design Services for Lakefront Park Improvements 9
I ACORD CERTIFICATE OF LIABILITY INSURANCE „,�1` �11�0410
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She insurance evidenced by this certificate shall name the certificate
holders as an additional insured ata the General Liability& Umbrella
Liability. Workers' Compensation, 'employers' Liability i General Liability
shall contain a Waiver of Subrogation in favor of Lb. oar tiflasts holder.
The certificate bolder is added as a and bland fix Butkus RIdT,
CERTIFICATE HOLDER CANCELLATION
0001301 /MUM IOPnaAmOa0MOM110 POUeu111ONCau/1mPONS11110~1101
arm TW,nu mats emsamvnr,.man TONAL 10 MMmaN1rM
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MORD a 0001A14 SIS PL
9. Certificates of Insurance: Certificate of Insurance Form (see sample, above), naming
the City of Ocoee as an additional insured will be furnished by the Consultant 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,
RFQ#1703—Design Services for Lakefront Park Improvements 10
except ten (10) days written notice of cancellation for non-payment of
premium.
C. SCOPE OF SERVICES
The City of Ocoee, Florida, in conformance with the Consultants' Competitive Negotiations Act
(CCNA), Florida Statutes Section 287.055, and the policies and procedures of the City of Ocoee
(City) is soliciting statements of qualifications from qualified professional landscape architecture
or engineering design firms to design a number of major improvements to the Ocoee Lakefront
Park on the western shore of Starke Lake. The Lakefront Park Improvement project is part of a
$45 million public infrastructure investment by the City as a means of stimulating development
in the downtown Ocoee area. The initial design effort will be the crafting of an overall site plan
for all City-owned property in the immediate area. Parking for the Lakefront Park will be shared
with the adjacent major event venues (City Hall, Lakeshore Center, Withers-Maguire House, and
Bill Breeze Field). Parking, landscaping, and various other public space requirements for all
these facilities will be addressed by the Lakefront Park Improvements project in the initial site
plan deliverable. Additional information is available regarding Ocoee's Downtown
Redevelopment at http://www.ocoee.org/807/Downtown-Master-Plan.
This project will be funded by bond proceeds and other dollars appropriated by the City
Commission. The project will be awarded upon securing the required funding.
Responding firms must be experienced in providing design services for projects of a scope and
nature comparable to those described. Use of qualified sub-consultants for specialty work is
acceptable. To be considered, the firm shall be qualified by a licensed professional in accordance
with Florida State law and be familiar with all applicable State of Florida, St. Johns River Water
Management District, Orange County, and City land development codes, regulations, and laws,
and with City and Orange County construction standards.
The Lakefront Park Improvement project has a budget of$4,720,000, including design, and is
expected to be built in two phases. The selected design firm will be expected to produce 100%
plans ready for construction in two phases. Phase 1 will address those improvements that can be
constructed while City Hall remains in its current location, which is mostly the southern part of
the property. Phase 2 will include demolition of the existing City Hall and construction on the
northern portion of the Park after City operations have relocated to the new structure at the
northeast corner of Bluford Avenue and McKey Street. Among the improvements foreseen by
the Downtown Plan are:
• Expanded marina and docks
• Relocated boat launch/recovery ramp
• Fishing pier expansion
• Boardwalk
• Amphitheater
• Commercial sites for retail and dining businesses
• Concession spaces and restrooms
• Trailhead
Other potential facilities to be considered include a splash park and a skate park. There has also
been some discussion of a crew and sculling rowing center and dragon boat racing. The lake has
RFQ#1703—Design Services for Lakefront Park Improvements 11
been the site for power boat racing by small home-built hydroplanes. Balancing the needs for
recreational boating and fishing will be an important consideration. The existing use of
swimming is problematic due to the presence of an infectious amoeba that produces usually fatal
results and may need to be controlled than presently possible. Littoral plantings and shoreline
stabilization is needed along the Park, including the portion that forms part of the Lakeshore
Drive right of way south of the fishing pier (Oakland Avenue to the end of the public right of
way). There is a potential need to acquire some adjacent properties in order to fully implement
the current Park vision, particularly with regard to relocating the boat ramp and providing boat
trailer parking space. A portion of Lakeshore Drive may need to be removed or converted to a
pedestrian pathway, although doing so may negatively impact access for park pavilions located
along the shore of Starke Lake.
Enhancement of Lakefront Park is part of a $45 million capital investment program for the
downtown area of Ocoee. Many other projects will interact with the changes proposed for
Lakefront Park due to geographic proximity and functional overlap:
• The Master Downtown Stormwater System will include structural modification of the
creek that runs along the northern boundary of Lakefront Park. Plans for improving the
Park will need to include enhancements to the creek are in order to incorporate into the
overall facility. It is also expected that the stormwater system will take some of the flow
from the park, and that portions of the park will need to serve onsite stormwater
management functions.
• Relocation of the Ocoee City Hall to the new site will require movement of related
parking spaces and affect the construction schedule for park improvements in the area of
the existing City Hall. The new City Hall is expected to serve as a major entry point
between the downtown commercial area and the Park.
• Expansion of the Lakeshore Center to accommodate much larger events will place a
growing demand on parking and public transition space at the Park. Views from the
Center to the Lake will need to be protected and possibly enhanced. At least two lost
outdoor venue spaces for weddings and other ceremonies will need to be replaced.
• Oakland Avenue Reconstruction is a major part of the redesign of the downtown street
system and will provide a completely multimodal access point to the Park. Although the
long-term view provided in the Downtown Master Plan shows this street being closed
east of Bluford Avenue, it is expected that Oakland Avenue will remain an access point
to the Lakeshore Center's parking areas. What will change is an increase in
accommodation of pedestrian and bicycle traffic through an extension of the West
Orange Trail, which will follow Oakland Avenue to reach the shores of Starke Lake and
the multimodal paths to be provided in Lakefront Park. There will be some need to
inform and accommodate the Oakland Avenue reconstruction effort through project
coordination during the design process, but the actual design of this street is part of
another project.
• Reconstruction of other streets will also impact the Park's design and development. The
rebuilding of Bluford Avenue will be the first and most significant street project in the
Downtown area in the first years of implementing the Downtown Master Plan. Portions
of Lakeshore Drive, Lakeview Avenue, and McKey Street that are slated for
reconstruction in accordance with the new design template are within or adjacent to the
Park. Any new access points to Lakefront Park will need to be defined by the site
planning process and be an input to the street reconstruction work.
RFQ#1703—Design Services for Lakefront Park Improvements 12
• The Downtown Gravity Sewer System will need to serve a number of facilities planned
for the Park, such as restrooms and concession spaces. Sanitary sewer pipes and related
facilities will need to be installed as part of the Park's two construction phases. The
location of a future major downtown lift station will need to be defined by the sanitary
sewer system engineer in cooperation with the Park planning effort.
The overall site plan development effort must be closely coordinated with these various other
projects. The City desires nothing less than for the Lakefront Park to be the premier public space
and event center for West Orange County and surrounding areas. It is to be the main attraction
for redevelopment of the downtown area with a strong urban character.
D. SUBMITTALS
Qualifications packages shall be designed to portray to the City how the respondent's
services can best match the knowledge, skills, and abilities suggested by the anticipated
Scope of Services given above. In order for the City to evaluate the qualification package,
each Respondent shall provide information relative to their ability to provide services that
will best meet the needs of the City. The required submission materials include the
following:
I. Firm's Qualifications
• List of firm's key employees/project team members, their qualifications/resumes, and
their role in providing the desired City services.
• Firm's and key employee's/project team members' certifications and licenses with
regulatory agencies,professional organizations, etc.
• List firm's sub-consultants,their qualifications, and their role in this project.
• List of firm's other current or recently successfully completed similar services within the
past three (3) years with other public or private agencies which illustrates the experience
of the firm.
• List of at least three (3) client references to include organization name, contact person,
telephone number(s), and e-mail address.
• Provide a project staff organization chart for the project team assigned to this project.
• Current and projected workload of the Firm,provide project and client names and project
design commencement and projected design completion dates, and construction dollar
value of the project.
• Project Approach: Briefly describe the Firm's understanding of the project and how the
Firm would accomplish this work.
II. Firm's Office Location & Other Forms (not included in page limit)
• List the location of all offices (firm and sub-consultants) involved with this project and
approximate distance(in miles)and time(in hours)to City Hall.
• Company Information/Signature Sheet p. 17.
• Receipt of any addenda issued.
RFQ#1703—Design Services for Lakefront Park Improvements 13
• MBE Certification for the Firm and/or sub-consultants. Attach copy of State of Florida
or County MBE Certification for the Firm and/or sub-consultants.
• Summary of Litigation, if none please so state. Provide a summary of any litigation,
claim(s), bid or contract dispute(s) filed by or against the Firm in the past five (5) years
which is related to the services that the Firm provides in the regular course of business.
The summary shall state the nature of the litigation, claim, or contact dispute, a brief
description of the case, the outcome or projected outcome, and the monetary amounts
involved.
E. TIME SCHEDULE
The anticipated schedule of events related to this solicitation is:
Date of RFQ Request for qualifications published
23 days later Last day for questions
30 days later Statements of qualification are due
35 days later Qualification statements distributed to evaluation committee
45 days later Evaluation committee meeting held
50-60 days later Interviews of the top three or more Respondents
Next meeting Short-list of ranked firms recommended to City Commission
Dates are estimated and subject to change at the City's discretion.
F. SELECTION PROCESS
1. The criteria for selection shall be based on the criteria listed in the RFQ. The City
reserves the right, before awarding the contract, to require a Respondent to submit
additional evidence of its qualifications, as the City may deem necessary, and shall
conduct discussions with, and may require oral presentations by, no fewer than three
(3) firms, if possible. The City shall be the sole judge of the competency of
Respondents.
2. A City evaluation committee will evaluate each respondent's qualifications and after
interviews and/or oral presentations will short-list and recommend to the City
Commission the top three (3) firms, if possible, in ranked order of qualifications
based upon the evaluation committee's evaluation of the responses and any client
references. All Respondents shall be notified via Onvia/Demandstar or other means
of the evaluation committee's recommended ranking of firms to the City
Commission. The City Commission's decision to endorse or modify the ranking by
the evaluation committee shall be fmal. The City Commission shall be the final
authority in the award or rejection of any and all responses.
3. The City will apply the negotiation requirements of Section 287.0055, Fla. Stat.,
(a.k.a., CCNA). The City will attempt to negotiate an agreement with the top-ranked
Respondent. If no agreement is reached with the top-ranked Respondent, negotiations
will be terminated and initiated with the second-ranked Respondent, and so on, until
an agreement is reached.
RFQ#1703—Design Services for Lakefront Park Improvements 14
4. The successful Respondent shall be required to execute an agreement which provides,
among other things, that all plans, drawings, reports, and specifications that result
from Respondent's services shall become the property of the City. Upon the
successful negotiation of an agreement, a formal contract will be prepared and
subsequent executed by both parties.
Evaluation Criteria Maximum Points
1. Past Performance & Experience of the Firm and Project Team
• Past Performance and Experience of the Firm
• Past Performance and Experience of the Project Team
• Past Performance and Experience with or in the City 40
• Overall Experience
• References
• Effect of any legal action against the firm
2. Project Approach and understanding of the project 30
3. Ability to Meet Time and Budget Requirements
• Current& Projected Workload of the Firm 20
4. Location of the office and proximity to the City of Ocoee 5
5. Certified Minority Business Enterprise 5
Total Possible Points 100
G. BID PROTESTS
All Bid Protests shall be submitted to the Purchasing Agent in the following manner:
A Bidder shall file a written bid protest under this Article or be barred any relief; oral
protests shall not be acknowledged.
A bid protest shall be limited to the following grounds: (a) issues arising from the
procurement provisions of the Project Manual, its addenda, and other bidding documents;
and/or (b) applicable federal, state, or local law. No bid protest may be based upon
questions concerning the design documents (drawings and specifications). The Bidder
shall clarify all questions concerning the design documents of the project prior to
submitting its bid.
The content of the bid protest shall fully state the factual and legal grounds for the protest
and the legal basis for the relief requested.
The bid protest shall be filed with the Purchasing Agent not later than three (5) calendar
days after the posting of the notice of intent to award or recommendation of award by staff,
whichever is earlier.
RFQ#1703—Design Services for Lakefront Park Improvements 15
The Purchasing Agent, on behalf of the City, shall make a determination of the merits of
the protest not later than five (5) business days after receipt of the protest. If the City
denies the protest, the City may proceed with award of the contract unless enjoined by
order of a court of competent jurisdiction.
END OF INSTRUCTIONS
RFQ#1703—Design Services for Lakefront Park Improvements 16
COMPANY INFORMATION/SIGNATURE SHEET RFC)#1703
FAILURE TO COMPLY WITH THESE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF
YOUR QUALIFICATION PACKAGE. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND
UNDERSTAND ALL RFQ INSTRUCTIONS AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL
RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING CONTRACT WITH THE
CITY OF OCOEE.
COMPANY NAME TELEPHONE(INCLUDE AREA CODE)
FAX (INCLUDE AREA CODE)
E-MAIL ADDRESS
IF REMITTANCE ADDRESS IS DIFFERENT
AUTHORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
NAME/TITLE(PLEASE PRINT)
STREET ADDRESS
CITY STATE ZIP
FEDERAL ID#
Individual Corporation Partnership Other(Specify)
Sworn to and subscribed before me this day of ,20 .
Personally Known or
Produced Identification
Notary Public-State of
(Type of Identification) County of
Signature of Notary Public
Printed,typed or stamped
Commissioned name of Notary Public
RFQ#1703—Design Services for Lakefront Park Improvements 17
EXHIBIT "B"
SCOPE OF WORK
RFQ 1703 Design Services for Lakefront Park Improvements Project
EXHIBIT"B"
SCOPE OF WORK
❖ PROJECT INFORMATION
The Scope of Work includes the development of a conceptual site plan for the City's Lakefront Park as the first phase of the
multiphase project in order to assist the City and S&ME in their scoping of the of the future construction document phase(s)
of the project. The project area is bounded by Starke Lake and the lakefront along Lakeshore Drive south to the limits of
City, East McKey Street, North Bluford Avenue, and the north Lakeview Street right of way line. The project area may also
include the trailer park north of Starke Lake Studios, the western undeveloped portion of the Studios property, and any
additional land needed to implement the conceptual site plan.
In brief,the this Conceptual Site Plan scope will confirm existing and/or propose new development programming,establish
facility locations, estimate anticipated construction costs, develop a construction phasing plan, and seek approval from the
City prior to moving forward to the preparation of construction documents as a following scope of work. The anticipated
program elements for the park are identified in scope of services. Although the desired conceptual site plan will cover the
entire property, construction will occur in two phases. The first phase of construction will include those portions of the
property that can be reconstructed prior to the relocation of City Hall. The second phase of construction will begin with the
demolition of the existing City Hall and the redevelopment of that area.
❖ SCOPE OF SERVICES: Civil Engineering & Landscape Architecture
S&ME understands that this site planning scope of services will precede and may parallel the design efforts associated with
other City projects, including the new City Hall, expansion of the Lakeshore Center, and nearby roadway and stormwater
improvements. S&ME will reserve areas for the building envelopes for the City Hall and Lakeshore Center as a part of the
site planning scope of services until such time that the respective design teams have proposed and the City has approved
conceptual floor plans.Once the conceptual floor plans have been approved by the City,S&ME will update the site plan and
estimate of probable construction cost to accommodate the footprints.
1.0 DESIRE
1.1 Client Objectives —The City of Ocoee (Client) desires the S&ME Team to produce a conceptual site plan for the
City's Lakefront Park area that will direct the future development of the site. It is anticipated that the site planning
effort will contain the following components:
• Commission/Stakeholder Outreach
• Coordination with City Hall& Lakeshore Center Design Teams
• Overall Site Plan
• Cost Estimate
• Implementation and Phasing Plan
1.2 Preliminary Development Program—The Preliminary Development Program for the park may include:
• Lakefront Open Space
• Boat Ramp&Parking
• Fishing Piers, Boardwalks,and Docks
• Lakefront Erosion Control Measures/Features
• Gazebo Replacement to Provide an Outdoor Wedding Site/Venue
• Green Stormwater System
• Parking for all Facilities(New City Hall, Expanded Lakeshore Center,and the Park)
• Stormwater and Lakefront Restoration
• Lift Station Site
• Small Splash Pad
• Skate Elements
• Open Air Amphitheater(similar to Central Florida Fairgrounds)
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• Bike Trail Terminus
Companion projects to be considered in the design, but designed by others:
• Lakeshore Center Expansion
• City Hall Relocation
• Bluford Avenue Reconstruction
• McKey Street Reconstruction
• Off-site Stormwater Improvements
• Off-site Wastewater Collection
• Restaurant
• Bed &Breakfast
1.3 Approval Strategy - The Client will be the decision maker for the project and will receive input from other project
stakeholders in their decision making. The Client will approve the Final Site Plan for adoption.
1.4 Project Schedule—The anticipated schedule for the project is seven (7)weeks from notice to proceed.The first four
(4) weeks are to include the work up to the City Commission presentation and the final three (3) weeks will entail
the completion of the site planning and documentation.
1.5 The S&ME Team includes the following expertise made-up of both in-house and sub-consultants (not all of these
will have a significant role in the initial site plan development):
• Project Manager/Public Participation—S&ME
• Landscape Architect—S&ME
• Civil Engineer—S&ME
• Dock, Boardwalk, Ramp,and Fishing Pier—Applied Technology&Management
• Electrical Engineering—Bobes&Associates
1.6 Kick-off Meeting—S&ME will conduct a Kick-off Meeting with the Client. The purpose of the kickoff meeting is to
review the project work flow and process and introduce team members to the Client. A preliminary agenda for the
kick-off meeting includes:
• Team responsibilities&resources
• Client responsibilities&resources
• Stakeholder involvement
• Scope Review
• Project Schedule
• Critical Meeting Dates
• Program &Objectives
• Administration—budget, billing, progress reports, additional services requests,and collections process
• Communication plan
• Approval Process
• Base Data review
• Deliverables/final product(s)
• QA/QC process
1.7 Team Meetings — S&ME will conduct weekly team meetings (or calls) for the duration of the project in order to
have an efficient line of communications between all parties.
Deliverables:
• Kickoff Meeting Notes
• Project Schedule
• Team Member Contact Information
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2.0 DISCOVERY
2.1 Data Collection —In preparation for the design phase, S&ME will collect or assemble Client-provided data in order
to prepare a base map and a list of opportunities and constraints for the project. Such data include:
• Data Collection—existing studies, plans,surveys, and aerial photographs
• Base Survey and Topography
• Easements
2.2 Natural and Cultural Project Evaluation/Overview—The S&ME Team will review existing data provided by the City
and as available to determine the following:
• Soils, Muck,and Water Table (USDA or site-specific study)
• 100 Year Flood Hazard Area (FEMA)
• Shoreline/Boating Basin Dredging potential
2.3 Transportation System Overview
• Roadways,/Trails-Existing and Proposed Roadways, Bikeways,and Trails
• Programmed and Planned Park Improvements
• Parking Site Plan Requirements
2.4 Water/Sewer, Utilities and Stormwater
• General Water/Sewer Locations and Points of Connection (POC)
• General Stormwater Conditions, and Land Needed for Facilities
• Utility Easements Locations(provided by Client)
• Multiple-use Stormwater Opportunities
• Appropriateness of Rain Gardens and other Stormwater Best Management Practices(BMPs).
• Re-Use Availability
2.6 Preliminary Development Program — Based on the information obtained through the Discovery Phase above, plus
programming meetings for the Lakefront Park,the S&ME Team will prepare a preliminary development program.
Deliverables:
• Base Map
• Summary of Site Review Findings
• Meeting Minutes
• Preliminary Development Program
3.0 DESIGN—Site Plan Development
3.1 Design Charrette —S&ME will conduct a one (1) day Design Charrette with the Client, key design team members
and City-identified and invited Key Stakeholders. In preparation of the Design Charrette, S&ME will collect
comparable/precedent imagery.The Charrette agenda will include the following.
• Morning
o Commission &Staff Kickoff
o Presentation of Discovery Findings
o Review of Comparable Projects/Benchmarking
o Opportunities/Constraints
o Review of Preliminary Development Program
o Site Tour
o Design Session
• Afternoon
o Design Session
o Pinup Review
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Following the Design Charrette, S&ME will produce a summary report documenting the results and the work
products generated and the direction received from the City during the pinup review.
3.2 Conceptual Site Plan—Based on the results of the Charrette and discussion with staff,the S&ME Team will prepare
a single hand drawn illustrative Conceptual Site Plan with options for various components of the plan.
3.3 S&ME will prepare a utility master plan for the Project area addressing existing and proposed water, wastewater,
and electrical service to the project site.This plan will based upon the schematic programming for existing facilities,
plus the proposed City Hall and building expansion of the Lakeshore Center, as provided by the architectural design
teams of each project. Based upon Client input, S&ME will also address the proposed bed and breakfast and
restaurant sites.Specifically:
• S&ME will perform preliminary potable water and sanitary sewer demand calculations for the proposed uses
for the area east of Bluford Ave, north of Oakland Ave,and south of Lakeview St, in an attempt to propose stub-
out pipe sizes and locations in coordination with surrounding infrastructure improvements. S&ME will then
translate the results into an overall graphic for distribution to the city.
• S&ME's sub-consultant will visit the site, coordinate with the electrical provider, review anticipated electrical
needs for associated City projects and provide an overall graphic for the City's use in anticipating service routes.
3.4 Based upon the conceptual site plan and proposed programming, S&ME will prepare a preliminary opinion of
probable construction costs.
3.5 Conceptual Site Plan Review — S&ME will be available to assist City staff with a project update to the City
Commission on the Conceptual Site Plan and plan options. The graphics provided to City staff for the presentation
will include a plan view illustrative rendering, precedent imagery, up to three (3) perspective renderings and up to
three(3)cross sections.
3.6 Revised Conceptual Site Plan—Based on the comments received from the City Commission presentation,the S&ME
Team will prepare one (1) Revised Conceptual Site Plan for the Lakefront Park Site. This Conceptual Site Plan will
include site sections and elevations to help convey the design intent of the project.
3.7 S&ME will provide an updated opinion of probable construction cost for the Revised Conceptual Site Plan based
upon input received.
3.8 Client Review—S&ME will review the Conceptual Site Plan and updated cost estimate with the City Staff. Following
the review, the City will prepare a set of consolidated written comments for the preparation of the Final Site Plan.
At this point, S&ME may be requested by the Client to slow or pause actively working on the project until such
time that preliminary conceptual floor plans are available from the Client for the City Hall and Lakeshore Center
design efforts. It is anticipated that this suspension of work may last up to 2 months,depending upon the City's
project schedules.
3.9 S&ME will coordinate our work with the City Hall and Lakeshore Center architects (Zyscovich and Rhodes + Brito,
respectively).S&ME will be available to meet with the architects and City staff to discuss the design of the facilities
and their integration into the site plan.
3.10 Final Site Plan — Based on the comments received the S&ME Team will prepare a Final Site Plan for the Lakefront
Park. The plan will be a hand drawn illustration, which will also include a phase 1 development scenario which
meets the phase 1 construction budget. The Final Site Plan will be an illustrative rendering and will include updated
site sections and elevations to help convey the design intent of the project. The plan will be accompanied by an
updated opinion of probable construction costs.
Deliverables:
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• Project Program
• Charrette Summary
• Conceptual Site Plan& Cost Estimate
• Revised Site Plan& Cost Estimate
• Final Design
• Identification of Facilities to Be Constructed in each Phase
❖ EXCLUDED SERVICES
Services that may be required,which S&ME can provide, but are not part of this proposal include the following.
• Preparation of additional concepts, schematic site design(s), and/or alternative analyses for review and approval by the
Client or agencies beyond those identified for use in the City Commission presentations.
• Rendered site plans or exhibits for public,community,or neighborhood meetings.
• Construction documents
• Development of a detailed Civil3D model of the proposed finished grade.
• Zoning changes, appeals, neighborhood meetings to review elements of design or approvals, easement documents,
rendered plans,or other related services not included in the above-described scope of services.
• Preparation of a traffic study on adjoining or nearby public streets.
• Flood study/analysis
• Additional Construction document packages such as "fast-tracked' or phased drawing releases, other than described
above.
• Off-site improvements (including utilities, drainage, roads, etc.), public improvements on- or off-site or easements for
any required public improvements.
• Preparation of Site Lighting Plan.
• Design or evaluations of water, wastewater, or stormwater pumping stations or treatment systems (should it be
determined that any are required to serve any portion of the site).
• Environmental assessments, studies, or evaluations for U.S. Army Corps of Engineers 404 Permits, FEMA submittals,
hazardous or toxic waste investigations, wetland determinations, or EPA water quality-permitting analysis not included
in the above-described scope of services.
• Making revisions to the drawings for changes required by the Client after drawings have been submitted for review and
permitting.
• Making revisions in drawings or other documents when such revisions are inconsistent with written approvals or
instructions previously given; required by the enactment or revision of codes, laws or regulations subsequent to the
preparation of such documents;and/or due to other causes not solely within the control of S&ME.
❖ FEES
Our professional fees for the above-described services will be invoiced as per the below fee schedule. Included in the below
fees are reimbursable expenses incurred on the Project's behalf, including mileage, printing, plotting, photocopies,
reproduction, postage, long distance telephone, facsimile, express mail and/or courier services. Applications, capacity and
impact fees associated with application filings shall be the responsibility of the Owner or reimbursed to S&ME outside of
the expenses contained in this proposal. S&ME will bill monthly for all work performed and expenses incurred on the
Project's behalf. Unpaid invoices after 30 days will accrue service charges at 1 1/2% per month and include any costs of
collections and reasonable attorney's fees.
Task 1—Desire &Discovery $7,500
Task 2—Design $38,800
Total Fee $46,300
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EXHIBIT C
TRUTH-IN-NEGOTIATION CERTIFICATE
The CONSULTANT hereby certifies that all wage rates and any and all other unit costs
supporting the compensation to be paid to the CONSULTANT for the Services set forth therein will be
accurate, complete, and current at the date of the execution of the Agreement of which this Certificate is
made a part.
WITNESS: FOR CONSULTANT:
BY: BY:
(Print Name) (Print Name)
TITLE:
STATE OF FLORIDA }
COUNTY OF }
PERSONALLY APPEARED before me, the undersigned authority,
[ ] well known to me or [ ] who has produced his/her as
identification, and known by me to be the of the corporation named above, and who
acknowledged before me that he/she executed the foregoing instrument on behalf of said corporation as
its true act and deed, and that he/she was duly authorized to do so.
WITNESS my hand and official seal this day of , 20
NOTARY PUBLIC
Print Name:
My Commission Expires:
RFQ 1703 Design Services for Lakefront Park Improvements Project