HomeMy WebLinkAbout2003 12 08 Consent 200 Sunshine Building and Development Corporation Contractual Agreement
COMMISSION AGENDA
ITEM
200
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
December 8, 2003
Meeting
MGR ~ IDEPT /4-
Authorization
REQUEST: Utility department Requesting Authorization to enter into a Contractual Agreement
for construction of Well #4 and Raw Water Main at Water Treatment Plant #1
PURPOSE: The purpose of this Board item is to request authorization to enter into a contractual
agreement with Sunshine Building and Development Corporation of Casselberry, Florida
for the construction of Well #4 and the Raw Water Main near Treatment Plant #1 at a cost
of$271,956.00 plus a 10% contingency.
CONSIDERA TIONS:
This project is needed to provide an additional water supply source during peak demand
periods for the Eastern portion of Winter Springs. A well was previously attempted near
Tuskawilla Road but was abandoned due to poor water quality and quantity. Bids for this project
were opened on October 29, 2003 under Bid # ITB-002-04/KL. The City Clerks summary is
attached. The low bidder was Sunshine Building and Development Corporation, with a bid of
$271,956.00. The engineer's estimate of construction cost was $312,850.00.
The project scope of work includes all labor, equipment, and materials for the construction
of the construction of an 18" supply well and appurtenant water line. The proposed location is the
southeast corner of Trotwood Park near Northern Way as shown in the attached sketch. This will
be the fourth well for WTP#1 which should provide an adequate supply through buildout. The
construction area will be fenced and secured during construction. The Engineer's recommendation
and the Agreement form are attached.
December 8, 2003
Consent Agenda Item 200
Page 2
FUNDING:
The proposed contract amount of$271,956.00 is slightly lower than the $275,000.00
Budgeted for this project. The funds will be spent over the next 180 days.
RECOMMENDATION:
It is recommended that authorization be granted to enter into a contractual Agreement with
Sunshine Building and Development Corporation for the construction of the Well #4 and
appurtenant water line at a cost of$271,956.00 plus a 10% contingency which is payable from the
Utility Enterprise Fund 2000 Construction Fund capital improvements line code (3640-65000).
IMPLEMENTATION SCHEDULE:
The scope of work will be completed within 180 days of issuance of the NTP.
ATTACHMENTS:
1. City Clerk Summary - Bid #ITB-002-04/KL
2. Agreement
3. Engineers Recommendation
COMMISSION ACTION:
ATTACHMENT No.1
BID NUMBER: ITB-002-04/KL
WTP #1- WELL #4 AND RAW WATER MAIN CONSTRUCTION
BID CLOSING: OCTOBER 29, 2003
Bid Closing Was CaJled By:
Bid Opened: 3 :00 p.m.
Witnesses:
Nancy Vobomik, Purchasing Coordinator
Bid Closed: 3:06 p.m.
Kip Lockcuff, Director, Utility/Public Works Department
Holly Pierstorff, Assistant to the City Clerk
Doug Taylor, Superintendent, Utility Department
Six (6) Bids Received:
1. GROSCH IRRIGATION COMPANY
AGENT: GREG GROSCH, MANAGER
ADDRESS: 103 TAYLOR LANE, DUBLIN, GEORGIA 31027
TELEPHONE: (478) 275-0013 FACSIMlLIE: NOT PROVIDED
BID AMOUNT: $377,530.00
2. McMAHAN CONSTRUCTION COMPANY, INC.
AGENT: PAUL LARSON, VICE PRESIDENT
ADDRESS: 123 EAST INDIANCE AVENUE, DELAND, FLORIDA 32724
TELEPHONE: (386) 734-1071 FACSIMILIE: (386) 738-2692
BID AMOUNT: $319,000.00
3. SUNSHINE BUILDING AND DEVELOPMENT CORPORATION
AGENT: JOHN T. BUSH, PRESIDENT
ADDRESS: POST OFFICE BOX 180958, CASSELBERRY, FLORIDA 32718-0958
TELEPHONE: (407) 339-6721 FACSIMlLE: (407) 331-7542
BID AMOUNT: $271,956.00
4. PRIME CONSTRUCTION GROUP, INC.
AGENT: REYNOLDS C. HOLIMAN, VICE PRESIDENT
ADDRESS: 1000 JET STREAM DRIVE, ORLANDO, FLORIDA 32824
TELEPHONE: (407) 856-8180 FACSIMLE: (407) 856-8182
BID AMOUNT: $301,777.00
5. CLOUD 9 SERVICES, INC.
AGENT: RICHARD A. FENDER, PRESIDENT
ADDRESS: 1026 WEST MICillGAN STREET, ORLANDO, FLORIDA 32805
TELEPHONE: (407) 481-2950 FACSIMLE: (407) 481-8850
BID AMOUNT: $345,292.23
6. INTEGRITY WELL AND PUMP COMPANY
AGENT: ROBERT C. SCHUMM, VICE PRESIDENT
ADDRESS: 11865 US HIGHWAY 41 SOUTH, GlBSONTON, FLORIDA 33534
TELEPHONE: (813) 741-3010 FACSIMLE: (813) 741-3170
BID AMOUNT: $364,310.00
Holly Pierstorff, Assistant to the City Clerk
City of Winter Springs
Copy: Mr. Kip Lockcuff, Director, Public Works/Utility Department
Ms. Naney Vobomik, Purchasing Department
City Clerk\CCO\Bids\Bid Tab Resulls\FY0304\1TB-002-04 KL.doc
ATTACHMENT No.2
AGREEMENT
THIS AGREEMENT MADE THIS DAY OF ,2003 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 Sunshine Building and Development Corporation, of
Casselberry, 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 Well #4, Winter Springs, FL. 32708 for the WTP 1 - Well NO.4 and Raw Water
Main Project.
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 10 days after the issuance of a
written Notice to Proceed and shall complete the work within 180 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
$500.00 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 PRICE 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 Two Hundred Seventy One Thousand Nine Hundred Fifty Six and 00/100
Dollars ($271,956.00). 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;
(C) Contractor does not make prompts 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. The OWNER shall release 50% of the amount withheld upon issuance of the
Substantial Completion Certificate. The remaining 50% of the amount withheld shall be
released with the Final Payment after the issuance of the Final Completion Certificate.
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 liens arising out 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.
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 George F.
Edwards, P.E. 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. Inspections. Opinions, and ProQress 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 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
Owner's claim regarding defective work by Contractor.
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 Stoppage 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. Responsibility for Supervision 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. Discipline and Employment. 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 therefore. 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.
10. BOND - 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. MEDIA TIONNENUE - The parties agree that should any dispute arise between them regarding
the terms or performance of this Agreement, both parties will participate in 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.
Signed, Sealed and Delivered
in the presence of:
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
ATTACHMENT No.3
November 11, 2003
City of Winter Springs
1126 E. SR 434
Winter Springs, FL 32708
Attn: Mr. Kipton Lockcuff, P.E., Director, Utility/Public Works Department
Re: WTP #1 - Well #4 and Raw Water Main
Engineer's Bid Review
CPH Project No. W041 04.2
Dear Mr. Lockcuff:
After the bid opening, we were provided with copies of the bid packages from the City for all of the
bidders on the above referenced project. Six bids were received. CPH Engineers has prepared a bid
tabulation based on the pay items contained on the bid sheet and bid prices received from all of the
bidders. The bid tabulation is attached for your review and consideration. In order of increasing total
bid price, we have ranked the three lowest bidders:
Rank Bidder Total Bid
Sunshine Building and Development
1 Corp. $271,956.00
2 Prime Construction Group, Inc. $301,777.00
3 McMahan Construction Company, Inc. $319.000.89
The Engineer's Opinion of Probable Construction Cost was $318,846.00.
As part of the preparation of the bid tabulation, we have performed a mathematical review of all the
bids. There were minor mathematical errors found in the bids for Grosch Irrigation and Cloud 9
Services, where the total base amounts increased by $502.24 and $4.54, respectively. From our
review of the bid tabulation, it appears that the prices from Sunshine Building and Development
Corporation reflect an understanding of the work required by the plans and specifications. They have
verified in writing that addendum NO.1 was received and has been considered in their bid. Their bid
package appears to be in order and all required information was provided.
From the information provided, and our previous and current experiences with the contractor, we
believe that Sunshine Building and Development has the experience and resources to construct the
"WTP #1 - Well #4 and Raw Water Main" project. In addition, Sunshine Building and Development has
worked for the City in the past, and the City was satisfied with their previous work.
Based on our review of the available data (bid package, previous work, and bid bond), we have no
objection to the City proceeding with the award of the bid to Sunshine Building and Development
Corporation in the amount of $271.956.00.
Please note that we have not reviewed any financial data other than bonding capability, as we are not
accounting professionals. The bonds and insurance as required by the specifications will be reviewed
prior to execution of the agreement between the two parties.
Please contact us if additional information is needed concerning the above.
Sincerely,
CPH ENGINEERS, INC.
Scott A. Breitenstein, P.E.
Project Engineer
~~
MEMORANDUM
i
TO: Andrea Lorenzo - Luaces, City Clerk
FROM: George Edwards, P.E., Capital Projects Coordinator
RE: Documentation for WTP 1-Well #4 Raw Water Main
City of Winter Springs Bid # ITB-002-04/KL
DATE: January 27, 2004
Transmitted herewith are the following executed documents for your files:
1) Notice of Award
2) Agreement
3) Notice to Proceed
4) Certificate of Liability Insurance
5) Performance Bond and Labor and Materials Payment Bond
erg irroo Mr~ort worn oocv.wc
i ,
~Y
TERRORISM COVERAGE RIDER
NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
The Terrorism Risk Insurance Act of 2002 establishes a program within the Department
of the Treasury, under which the federal government shares, with the insurance industry,
the risk of loss from future terrorist attacks. The Act applies when the Secretary of the
Treasury certifies that an event meets the definition of an Act of Terrorism. The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the government or population of
the United States.
To be attached to and form part of Bond No. F5586oss6 ,effective
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance Insurance
Company) is the surety.
The United States Government, Department of the Treasury, will pay a share of terrorism
losses insured under the terms of the Act. The federal share equals 90% of that portion of
the amount of such insured losses that exceeds the applicable insurer retention.
This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with
the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a
notice disclosing the portion of your premium, if any, attributable to the coverage arising
from losses for Terrorist Acts Certified under that Act.
The portion of your annual premium that is attributable to coverage for Terrorist Acts
Certified under the Act is : $:00.
. - •
• •
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FIVE
No. 016174
POWER OF AT'T'ORNEY
IsNO~V AI.L 11EN BY THESF. PRESENTS: That the GREAT ATvIEKICAN INSURANCE COMPANY, a corporation organized and existing under
and by vinue of the laws of the St<1te of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact,
for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other
written obligations in the nature. thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under
this authority shall not exceed the linut stated below.
Nmne Address Limit of Power
LEWIS DONALD RUSHING ROBERT HARRIS DIXON PENSACOLA, FLORIDA ALL
ALAN DOUGLAS MOORE GILBERT OSWALT BENNETT PENSACOLA, FLORIDA UNLIMITED
ROBERT CORLEY MCLENDON PANAMA CITY, FLORIDA
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSlIR.4NCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto aftxed this 26TH clay of NOVEMBER 2002
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON - ss
On this 26TH day of NOVEMBER, 2002 ,before me personally appeared DOUGLAS R. BOWEN, to me known,
being duly swum, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Setuor Vice President of the Bond Division of Great American
Insurance Comp,•my, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said instnunent is such corporate seal: that it was so affixed by authority of his office under the By-Laws of said Company, and that he sighed his name thereto by
like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Bo:u•d of Directors of Great American Insurance Compam•
by unanimous written consent dated March I. 1993.
XESO! VE,'U: That the Division Pn>s&leut, the sererral Division Vice Presidents ccnd Assistant Vice Presidents, or arty one of tlrenr, be curd hereby is
authorised. from time to time. to appoint one or more .Attorneys-in-Fact to e.recutc nn behalf of the Company, as surety; ary and all bonds, undertakings ccnd
corrtrczcts of suretyship, or• other uvitten obligatiars in the natrne thereof,• to proscribe their respective duties rand the respective limits of their authority: and to
reroke acv such appoinnttent at arry time.
RF.SOI_L'F.U FURTHER: That the Compmty sea/ and the signannr, of arry of the aforesaid c?ffrcers acrd any Secretary or• Assistmtt Secretary of tltc
Company orgy be affr.rec! by facsimile to any pciu'er of attoratey or certificate of either given for the execution of any bond undertaking, corrtrnet or suretyship, or
other written obligation in tyre nature thereof, such signature and sea! when so used being herelrv adopted b}'the Conrpanv as the original signature of.urch officer
and the original seal of the Compm:y. to be valid and binding neon the Conrpanv n•itlt the same ford and effi>ct ns though ntmttrally affixed.
CERTIFICATION
1, RONALD C. HAVES, Assistant Secretory of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the
Resolutions of the Ro:u~d of Directors of March L, 1993 have not been revoked and ate now in full force and effect.
Signed and sealed this day of
S 10297 (17 /01)