HomeMy WebLinkAbout1998 10 12 Consent Item D
COMMISSION AGENDA
ITEM
D
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
October 12, 1998
Meeting
J!Y
REQUEST: Utility Department Requesting Authorization to Enter into a Contractual
Agreement for the Reclaimed Water Interconnection
PURPOSE: The purpose of this Board item is to request authorization to enter into a contractual
agreement with Gamey Companies, Inc. for installation of a reclaimed water
interconnection between the East and West systems at a cost of$73,248.00 plus a 10%
contingency.
CONSIDERATIONS:
This project is needed to connect the East and West reclaimed water distribution
systems. It will provide a more diversified capability to meet the demands for reclaimed
water throughout the City by having the systems storage and pumping systems linked. It will
also allow for a more effective use of all the effluent disposal sites when reclaimed water is in
surplus.
Bids for this project were opened on August 26, 1998 under Bid # 98-020. The low
bidder was Gamey Companies, Inc. with a bid $73,248.00. The project scope of work
includes installation of approximately 1,200 feet of 8" PVC and 800 feet of 12" PVC pipe in
the FP&L easement and Oak Forest sprayfields.
October 12, 1998
Consent Agenda Item D
Page 2
FUNDING:
The bid of$73,248.00 was b~low the $125,000 budgeted for this project in the Utility
Capital Improvement line code (3600-56310). Funds will be expended within 120 days.
RECOMMENDATION:
It is recommended that authorization be granted to enter into a contractual agreement
with Gamey Companies, Inc. for the installation of a reclaimed water interconnect as
described in Bid #98-020 at a cost of $73,248.00 plus a 10% contingency payable from the
Utility Capital Improvements line code #3600-56310.
IMPLEMENTATION SCHEDULE:
The scope of work will be completed within 60 days of issuance ofthe Notice To
Proceed. Construction is tentatively planned to begin mid-November.
ATTACHMENTS:
1. City Clerk Summary - Bid #98-020
2. Proposal and Agreement
3. CPH Recommendation Letter
COMMISSION ACTION:
A TT ACHMENT NO. 1
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327.1800
WINTER SPRINGS RECLAIMED WATER INTERCONNECT
BID NUMBER: 98-020
BID OPENING DATE: August 26,1998
The Bid opening was called by: Nancy Vobornik, Administrative Secretary Purchasing
Bid Opened:
Bid Closed:
4:00 p.m.
4:05 p.m.
Present as witnesses:
Mr. Doug Taylor, Utility Superintendent
Mr. Terry Zaudtke, Consulting Engineer
Eight (8) Bids Received:
1. SUNSHINE BUILDING & DEVELOPMENT CORPORA nON
291 ANCHOR ROAD, CASSELBERRY, FLORIDA 32707
POST OFFICE BOX 180958, CASSELBERRY, FLORIDA 32718-0958
BASE BID: $100,963.00
2. BURNUP & SIMS TELCOM OF FLORIDA, INC.
7221 DR. MARTIN LUTHER KING BOULEVARD, EAST, TAMPA, FLORIDA 33619
BASE BID: $ 96,117.00
3. H. C. CONNELL, INC.
400 McCORMACK STREET, LEESBURG, FLORIDA 34748
BASE BID: $ 82,860.68
4. DANIELS CONTRACTING COMPANY
290 W A YMONT COURT, SUITE 120, LAKE MARY, FLORIDA 32746
BASE BID: $107,938,00
5. SUPERIOR ASPHALT OF CENTRAL FLORIDA, INC.
444 ROSSITER STREET, MT. DORA, FLORIDA 32757
BASE BID: $ 90,104.00
6. GARNEY COMPANIES, INe.
1331 NW VIVION ROAD, KANSAS CITY, MISSOURI 64118
BASE BID: $ 73,248.00
, .
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708.2799
Telephone (407) 327.1800
WINTER SPRINGS RECLAIMED WATER INTERCONNECT
BID NUMBER: 98-020
BID OPENING DATE: August 26, 1998
PAGE 2 OF2
7. BRUCE McGONIGAL, INe.
3940 MOORES STATION ROAD, SANFORD, FLORIDA 32773-6523
BASE BID: $124.279.00
8. PRICE CONSTRUCTION, INe.
POST OFFICE BOX 590062, ORLANDO, FLORIDA 32859
BASE BID: $ 73,298.00
JL~L
Andrea Lorenzo-Luaces puty City Clerk
City of Winter Springs
Copy: Mr. Kip Lockcuff, Director, UtilitylPublic Works
Mr. J.P. Petrencsik, Director of Purchasing
Mr. Terry Zaudtke, Consulting Engineer
DOCSlbidslresu Ils/f y9798/98-02 0 .doc
ATTACHMENT NO.2
AGREEMENT FORM
THIS AGREEMENT MADE THIS DAY OF , 1998 between the CITY OF WINTER
SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole County, State of
Florida, herein referred to as OWNER and Garnev Comoanies. Inc., State of Florida, herein referred to
as CONTRACTOR, a person duly licensed as a Contractor in the State of Florida, as follows:
1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the
Contract Documents, at the Oak Forest Spray Site, connecting the East and West reclaimed water
systems at Winter Springs, FL. 32708 for: Reclaimed Water Interconnect.
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical,
General and Supplementary Conditions and Sections contained in the Project Manual; the Drawings as
listed on the Bid Form and Index to Drawings; all Addenda issued prior to and all Change Orders issued
after execution of this Agreement. These form the Contract and are incorporated into this Contract
by this reference.
3. CONTRACT TIME - The CONTRACTOR shall begin work within..1.Q.. days after the issuance of
a written Notice to Proceed and shall complete the work within..QQ.. calendar days from the date of the
Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing.
4. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of
this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete
within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with
the General Conditions. They also recognize the delays, expense, and difficulties involved in proving
in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially
complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree
that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $100.00
for each day that expires after the time specified in Paragraph 4 for final completion until the work is
finally complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00) Dollars
as consideration for this provision.
5. CONTRACT PRICE. UNIT CONTRACT - The OWNER will pay the CONTRACTOR in current funds
for the performance of the work, subject to additions and deductions by Change Order, the Total
Contract Price of Seventv-three Thousand Two Hundred Forty-eight and 00/100 Dollars ($73,248.00).
Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule
of Unit Prices included as a part of his Bid, which shall be as fully a part of the contract as if attached
or repeated herein.
6. PROGRESS PAYMENTS - OWNER shall make progress payments on account of the contract
price to CONTRACTOR, on the basis of application for payments submitted to the City or their
authorized representative, by CONTRACTOR as the work progresses, and in accordance with the
Contract Documents.
Progress payments may be withheld if:
(A) Work is found defective and not remedied;
(B) Contractor does not make prompt and proper payments to subcontractors;
00500-1
(C) Contractor does not make prompt and proper payments for labor, materials, or equipment
furnished him;
(D) Another Contractor is damaged by an act for which Contractor is responsible;
(E) Claims or liens are filed on the job; or
(F) In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily.
7. FINAL PAYMENT - OWNER shall withhold up to 10% of the Contract Price throughout the
project which shall be the final payment under this contract. OWNER shall make final payment to
CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract
has been fully and timely performed, but subject to the condition that final payment shall not be due
until CONTRACTOR has delivered to OWNER a complete release of all liens arising out of the contract,
or receipt releases of lien fully covering all labor, materials and equipment for which a lien could be
filed, or in the alternative a bond satisfactory to OWNER indemnifying him against such claims.
By making payments OWNER does not waive claims including but not limited to those relating to:
(A) Faulty work appearing after substantial completion has been granted;
(B) Work that does not comply with the Contract Documents;
(C) Outstanding claims of liens; or
(D) Failure of Contractor to comply with any special guarantees required by the Contract
Documents.
CONTRACTOR, by accepting final payment, waives all claims except those which he has previously
made in writing, and which remain unsettled at the time of acceptance of payment pursuant to this
contract.
8. DESIGNATION OF PROJECT DIRECTOR OR ARCHITECT OR ENGINEER: DUTIES AND
AUTHORITY - The duties and authority of the City are as follows:
a. General Administration of Contract. The primary function of the City is to provide the general
administration of the contract. In performance of these duties Kipton lockcuff or his
authorized representative is the City's Project Director during the entire period of construction.
The OWNER (City) may change the Project Director during the term of this contract.
b. Insoections. Opinions. and Progress Reports. The OWNER shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the work
site. The OWNER will not be responsible for the means of construction, or for the sequences,
methods, and procedures used therein, or for the CONTRACTOR's failure to perform the work
in accordance with the Contract Documents.
c. Access to Work site for Insoections. The OWNER shall be given free access to the worksite at
all times during work preparation and progress. The Project Director is not obligated to make
exhaustive or continuous on site inspections to perform his duties of checking and reporting
on work progress, and any such inspections shall not waive Owner's claim regarding defective
work by Contractor.
00500-2
d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial
interpreter of the contract document requirements, and make decisions on claims and disputes
between Contractor and Owner.
e. Rejection and Stoopage of Work. The OWNER shall have authority to reject work which in its
opinion does not conform to the Contract Documents, and in this connection may stop the
work or a portion thereof, when necessary.
f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the
work progresses, based on CONTRACTOR's applications and OWNER's inspections and
observations, and will issue certificates for progress payments and final payments in
accordance with the terms of the Contract Documents.
9. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with
the project herein are as follows:
a. Resoonsjbility for Suoervisjon and Construction. CONTRACTOR shall be solely responsible for
all construction under this contract, including the techniques, sequences, procedures and
means, for the coordination of all work. CONTRACTOR shall supervise and direct the work,
and give it all attention necessary for such proper supervision and direction.
b. Discioline and Emolovment. CONTRACTOR shall maintain at all times strict discipline among
his employees, and he agrees not to employ for work on the project any person unfit or without
sufficient skill to perform the job for which he was employed.
c. Furnishing of labor. Materials. etc. CONTRACTOR shall provide and pay for all labor, materials
and equipment, including tools, construction equipment and machinery, utilities, including
water, transportation, and all other facilities and services necessary for the proper completion
of work on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of licenses and Permits. CONTRACTOR shall secure all
licenses and permits necessary for proper completion of the work, paying the fees therefor.
CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents) hold or will secure all trade or professional licenses required by law for
CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year
after acceptance by OWNER.
1 O. ~ - CONTRACTOR shall supply a materials, performance and payment bond(s) in
accordance with Florida law and to the satisfaction of OWNER, in an amount specified in the Contract
Documents.
11. MEDIATIONNENUE- The parties agree that should any dispute arise between them regarding
the terms or performance of this Agreement, both parties will participate in a mediation. The parties
agree to equally share the cost of the mediator. Should the parties fail to resolve their differences
through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court
for Seminole County, Florida.
12. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the
applicable party at the address shown on the first page of this Contract.
00500-3
Signed, Sealed and Delivered
in the presence of:
00500-4
Contractor:
Name
Address and Telephone
Date
OWNER:
CITY OF WINTER SPRINGS
By: Ronald W. McLemore
City Manager
1126 East State Road 434
Winter Springs, FL. 32708
407-327-1800
A TT ACHMENT NO. ~
Conklin, ~orter and Holmes
@ ~ ENGINEERS, INC.
a 1117 E. ROBINSON STREET, SUITE C
ORLANDO, FLORIDA 32801-2092
TEL 407-425-0452
FAX # 407 -648-1036
September 10, 1998
Mr. Kipton LockcufI, P.E.
Utilities Director
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
RE: City of Winter Springs - Reclaimed Water Interconnect
Bid No. 98-020
CPR Project No. W0478
Dear Kip:
On Wednesday, Au,gust 26, 1998, the City received bids for Reclaimed Water Interconnect.
Copies of the bids were provided to us for review.
The following is a summary of the bidders and their associated bid prices:
Contractor Base Bid Price
Gamey Companies, Inc. .$73,248.00
Price Construction $73,298.00
H.C. Connell, Inc. $82,860.68
Engineer's Estimate of Probable Construction $95,798.00
Cost
A full bid tabulation is provided for your review. No errors were found during our tabulation of
the bids.
Garney Companies, Inc. has not performed previous work for the City. A review of references
and other data reveals that they are a capable and competent contractor and that they are able to
perform the project work. We contacted three references with similar size and type projects and
all references received were very positive. References spoke highly oftheir timeliness and
Conklin, ~orter and Holmes
@ ~ lrll ENGINEERS, INC.
project cleanup. The referenced projects were all within existing residential areas and they
performed well around the existing utilities.
In summary, we have no objection to the City's award of this project to Garney Companies, Inc.
based on available information and their base bid price of$73,248.00.
If you have any questions, please give me a call.
Sincerely,
CONKLIN, PORTER & HOLMES - ENGINEERS, INC.
~u~
Senior Vice President
TMZ/ja
W0478.LOCI
BID TABULATION
CITY OF WINTER SPRINGS
PROJECT: Reclaimed Water Main Interconnect BID 98~20
BID DATE: August 25,1998
Garney Price H.C. Connell Superior Burnup & Sims
CONTRACTOR Companies, Inc, Construction Inc. Asphalt Telcom
Kansas City Orlando Leesbura Mt. Dora Tampa
BID Description Unit Quantity Unit Total Unit Total Unit Total Unit Total Unit Total
ITEM Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost
1 Mobilization! Demobilization LS 1 3,500.00 3,500.00 6,000,00 6,000,00 14,533,37 14,533.37 21,335.00 21,335.00 9,025.00 9,025.00
2a 8" PVC LF 1400 10.50 14,700.00 8.00 11,200,00 7.42 10,388,00 11.50 16,100.00 13.65 19,110,00
2b 8" DIP LF 50 200.00 10,000.00 90.00 4,500.00 44.18 2,209.00 48.00 2,400,00 38.75 1,937.50
2c 12" PVC LF 950 20,00 19,000.00 12.00 11,400.00 11.28 10,716,00 15.7 14,915.00 18.75 17,812.50
3a 8" Restrained Joints EA 7 100.00 700.00 100,00 700.00 151.1 0 1,057.70 143,00 1,001.00 171.00 1,197.00
3b 12" Restrained Joints EA 12 150.00 1 ,800.00 175,00 2,100.00 179.87 2,158.44 240,00 2,880.00 232.00 2,784,00
4a Flange Fittings EA 1 2,000.00 2,000.00 1,500.00 1,500.00 3,820.00 3,820.00 3,798.00 3,798.00 7,048.00 7,048.00
4b MJ Fittings EA 1 2,000.00 2,000.00 2,000.00 2,000,00 4,166.31 4,166.31 3,755.00 3,755.00 6,685.00 6,685.00
Sa F&I Gate Valve - 8 inch MJ EA 1 750.00 750.00 800.00 800.00 531.19 531.19 958,00 958.00 895.00 895.00
5b F&I Gate Valve - 8 inch FLG EA 3 750,00 2,250.00 600.00 1,800.00 509.79 1,529.37 789.00 2,367.00 990,00 2,970.00
5c F&I Gate Valve - 12 inch EA 1 1,250,00 1 ,250.00 1,500,00 1,500.00 900.34 900.34 1,475.00 1,475.00 1,589.00 1,589.00
5d F&I Check Valve - 8 inch EA 2 1,250,00 2,500.00 1,700.00 3,400.00 1,086.52 2,173,04 1,485.00 2,970.00 1,633,00 3,266.00
6 Insertion Flow Meter EA 2 1,000.00 2,000.00 4,500.00 9,000,00 894.14 1 ,788.28 1,520,00 3,040.00 2,283.00 4,566.00
7 Connections EA 2 1,200.00 2,400.00 1,000.00 2,000,00 393.58 787.16 1,400.00 2,800.00 1,317,00 2,634.00
8 Relocate 2" Blow-off EA 1 500.00 500.00 150,00 150.00 185.04 185,04 300.00 300.00 740.00 740.00
9 Pipe Support EA 4 150,00 600.00 175.00 700.00 150.11 600.44 150.00 600.00 921.00 3,684,00
10 Clearing and Grubbing LF 1400 3,00 4,200.00 7.50 10,500.00 15.72 22,008.00 3.00 4,200.00 3.40 4,760.00
11 Fencing LS 1 2,250.00 2,250.00 3,200.00 3,200,00 2,461.00 2,461.00 4,362.00 4,362,00 4,566,00 4,566.00
12 FPL Anchor EA 1 848.00 848.00 848.00 848.00 848.00 848.00 848.00 848.00 848.00 848,00
Total 73 248.00 73 298.00 82 860.68 90104.00 96117.00
Bid Bond Yes Yes Yes Yes Yes
Page 1 of2
BID TABULATION
CITY OF WINTER SPRINGS
PROJECT: Reclaimed Water Main Interconnect BID 98-020
BID DATE: August 25,1998
Sunshine Daniels Bruce McGonigal,lnc. Engineering
CONTRACTOR Building Contracting Co, Estimate
Casselberrv Lake Mary Sanford
BID Description Unit Quantity Unit Total Unit Total Unit Total Unit Total
ITEM Cost Cost Cost Cost Cost Cost Cost Cost
1 Mobilization! Demobilization LS 1 6,381.00 6,381.00 4,500.00 4,500.00 20780,00 20,780.00 5,000.00 5,000.00
2a 8" PVC LF 1400 13.50 18,900.00 17.20 24,080.00 19.50 27,300.00 20,00 28,000,00
2b 8" DIP LF 50 63,00 3,150,00 112.00 5,600.00 47.00 2,350.00 30.00 1,500.00
2c 12" PVC LF 950 18.84 17,898.00 23.00 21,850.00 24.50 23,275.00 30.00 28,500.00
3a 8" Restrained Joints EA 7 192.00 1 ,344.00 87,00 609,00 103.00 721,00 150,00 1,050.00
3b 12" Restrained Joints EA 12 295.00 3,540.00 158.00 1,896.00 171.00 2,052.00 150,00 1,800.00
4a Flange Fittings EA 1 2,562,00 2,562.00 4,420.00 4,420.00 4913.00 4,913.00 5,000.00 5,000.00
4b MJ Fittings EA 1 3,661.00 3,661.00 4,145.00 4,145.00 6617,00 6,617.00 5,000.00 5,000.00
Sa F&I Gate Valve. 8 inch MJ EA 1 936.00 936.00 750.00 750.00 927.00 927,00 900,00 900.00
5b F&I Gate Valve. 8 inch FLG EA 3 761.00 2,283,00 690.00 2,070.00 761.00 2,283.00 1,200.00 3,600.00
5c F&I Gate Valve - 12 inch EA 1 1,572,00 1,572.00 1,270.00 1,270.00 1576,00 1,576.00 1,500.00 1,500.00
5d F&I Check Valve - 8 inch EA 2 1,592.00 3,184,00 1,350.00 2,700.00 1570.00 3,140.00 1,500.00 3,000.00
6 Insertion Flow Meter EA 2 1,392,00 2,784.00 1,150,00 2,300.00 1364,00 2,728.00 1,500,00 3,000.00
7 Connections EA 2 809.00 1,618.00 600.00 1,200.00 425.00 850.00 500,00 1,000.00
8 Relocate 2" Blow-off EA 1 404.00 404,00 200,00 200.00 250.00 250.00 500.00 500.00
9 Pipe Support EA 4 235,00 940.00 150.00 600.00 170.00 680.00 200.00 800.00
10 Clearing and Grubbing LF 1400 19.00 26,600.00 18.50 25,900,00 15.71 21,994.00 2,00 2,800,00
11 Fencing LS 1 2,358.00 2,358,00 3,000.00 3,000.00 995.00 995,00 2,000.00 2,000.00
12 FPL Anchor EA 1 848.00 848.00 848.00 848,00 848,00 848,00 848.00 848.00
Total 100 963,00 107 938.00 124279.00 95 798.00
Bid Bond Yes Yes Yes N/A
Page 2 of 2
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AGREEMENT AND BID FORM
TIDS AGREEMENT MADE TIDS ~ ~ DAY OF October, 1998 between the CITY OF
WINTER SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole County,
State of Florida, herein :referred to a's Owner and Garney Companies, Inc., State of Florida, herein
referred to as Contractor, a person duly licensed as a Contractor in the State of Florida, as follows:
1. DESCRIPTION OF WORK - Contractor shall perform the work, in accordance with the Contract
Documents, at 1126 East S.R. 434, Winter Springs, Florida 32708 for: Project # 98-020 -Reclaimed
Water Interconnection.
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical;
General, and Supplementary Conditions and Sections contained in the Project Manual; the Drawings as
listed on the Bid Form and Index to Drawings; all Addenda issued prior to and all Change Orders issued
after execution of this agreement. These form the Contract and are incorporated into this Contract by
this reference.
.',
3. CONTRACT TIME - The CONTRACTOR shall begin work within ~days after the issuance of
a written Notice To Proceed and shall complete the work within 60 calendar days from the date of the
Notice To Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing.
4. LIOUlDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete
within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with
the G~neral Conditions. They also recognized the delays, expense, and difficulties involved in proving
in' a legal or arbitration procee,ding the actual loss suffered by OWNER if the Work is not substanti~lly
complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR
agree that as liquidated damages' for delay (but not as a penalty) CONTRACTOR shall pay OWNER
$250.00 'for each day that expires after the time specified in Paragraph 4 for final completion until the
work is finally complete, and that Owner has paid to Contractor the consideration of ten ($10.00) dollars
as consideration for this provision.
5. CONTRACT PRICE. LUMP SUM CONTRACT - The OWNER will pay the CONTRACTOR
in current funds for the performance of the work, subject to additions and deductions by Change Order,
the Total Contract Price of Seventy Three Thousand Two Hundred Forty Eight and 001100 Dollars
($73.248.00). Payments will be made to the CONTRACTOR based on the Lump Sum Bid amount, the
Schedule of Values, and subject to completion ofthe work, in accordance with the Contract Documents.
6. PROGRESS PAYMENTS - Owner shall make progress payments on account of the contract
price to contractor, on the basis of application for payments submitted to City by Contractor as the work
progresses, and in accordance with the Contract Documents.
Progress payments may be withheld if:
(A) Work is found defective and not remedied;
(B) Contractor does not make prompt and proper payments to subcontractors;
(C) Contractor does not make prompt and proper payments for labor, materials, or equipment
furnished him;
,
. . ,
,
(D) Another Contractor is damaged by an act for which Contractor is responsible;
(E) Claims or liens are filed on the job; or
(F) In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily.
7. FINAL PAYMENT - Owner shall withhold 10% of the Contract Price which shall be the final
payment under this contract. Owner'shall make final payment to Contractor within thirty (30) days after
the work is fully and properly completed, if the contract has been fully and timely performed, but subject.
to the condition that final payment shall not be due until Contractor has delivered to Owner a complete
release of all liens arising out of the contract, or receipt releases of lien fully covering all labor, materials
and equipment for which a lien could be filed, or in the alternative a bond satisfactory to owner
indemnifying him against such claims.
By making payments OWner does not waive claims including but not limited to those relating to:
(A) Faulty work appearing after substantial completion has been granted;
(B) Work that does not comply with the Contract Documents;
(C) Outstanding. claims of liens;, or
(D) Failure of Contractor to comply with any special guarantees required by the Contract Documents.
Contractor, by accepting final payment; waives all claims except those which he has previously made in
writing, and which remain unsettled at the time of acceptance of payment pursuant to this contract.
8. DESIGNATION OF PRoJEcTnIRECTOR OR ARCIDTECT OR ENGINEER: DUTIES
AND AUTHORITY - The duties and authority of the City are as follows:
a. General Administration of Contract. The primary function of the City is to provide the
general administration of-the contra~t. In performance of these duties Kipton Lockcuff, P.E.
Public Works!Utility Director, is the City's Project Director during the entire period of
construction. The Owner (City) may change the Project Director during the term of this
contract.
b; Inspections. Opinions. and Proeress Re{>ortL The Owner shall be kept familiar with the
progress and quality of the work by Contractor and may make periodic visits to the work site.
The Owner will not be responsible. for the means of construction, or for the sequences,
methods, and procedures used therein, or _for the Contractor's failure to perform the work in
accordance with the Contract Documents.
c. Access to Worksite for Inspections. The Owner shall be given free access. to the worksite
at all times during work preparation and progress. The Project Director is not obligated to
make exhaustive or continuous on site inspections to perform his duties of checking and
reporting on work progress, and any such inspections shall not waive OWIier's claim regarding
defective work by Contractor.
2
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d. Interoretation of Contract Documents: Decisions on Disoutes. The Owner will be the
initial interpreter of the contrac't document requirements, and make decisions on claims and
disputes between Contractor and Owner.
e. Rejection and Stopoal!e of Work. The Owner shall have authority to reject work which in
its opinion does not conform to the Contract Documents, and in this connection may stop the
work or a portion thereof; when necessary.
f. Pavment Certificates. The Owner will determine the amounts owing to Contractor as the
work progresses, based on Contractor's applications and Owner's inspections and observations,
and will issue certificates for progress payments and final payments in accordance with the
terms of the Contract Documents.
9. RESPONSIBILITIES OF OWNER - Contractor's duties and rights in connection with the
project herein are as follows:
a. Resoonsibility for Suoervision and Construction. Contractor shall be solely responsible
for all construction under this 'contract, including the techniques, sequences, procedures, and
means, and for the coordination of all work. Contractor shall supervise and direct the work,
and give it all attention necessary for such proper supervision and direction.
b. Discipline and Emoloyment. Contractor shall maintain at all times strict discipline among
his employees, and he agrees not to employ for work on the project any person unfit or without
sufficient skill to perform the job for which he was employed.
c. Furnishin~ of Labor. Materials. etc. Contractor shall provide and pay for all labor,
materials and equipment, including tools, construction equipment and machinery, utilities,
including water, transportation, and all other facilities and services necessary for the proper
completion of work on the project in accordance with the Contract Documents.
d. Pavment of taxes: Procurement of Licenses and Permits. Contractor shall secure all
licenses and permits necessary for proper completion of the work, paying the fees therefor.
Contractor warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents) hold or will secure all trade or professional licenses required by law for contractor
to under take the contract work.
e. Contractor will provide written guarantee for work and materials for one (1) calendar
year after acceptance by Owner.
10. BOND - CONTRACTOR shall supply material, performance and payment bond(s) in accordance
with Florida law and to the satisfaction of OWNER, in an amount specified in the Contract Documents.
11. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding
the terms or performance of this Agreement, both parties will participate in a mediation. The parties
agree to mutually select a mediator and in the event they cannot mutually agree upon a mediator, one
will be appointed by the American Arbitration Association. The parties agree to equally share the cost of
the mediator. Should the parties fail to resolve their differences through mediation, then any cause' of
action filed thereunder shall be filed in the Circuit or County Court for Seminole County, Florida.
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. . . .
. .
,
12. NOTICES- Any notice or approval under this Contract shall be sent, postage prepaid, to the
applicable party at the address shown on the first page of this Contract.
Signed, Sealed and delivered Contractor:
in the presence of:
.~~$~~ . tr W Youngblood
Garnev Compames. Inc. .' . . t
N Su Vice Presiden
ame: · .
Stepnen M. McCandless
Corp. Secretary
ArrEST
Date
OWNER:
CITY OF WINTER SPRINGS
f~tJ.~
By: Ronald W. Mcl:emore
CITY MANAGER
1126 East State Road 434
Winter Springs, Florida 32708
(407) 327-1800
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