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HomeMy WebLinkAbout2002 10 14 Consent B Contruct the East Water Reclamation Facility Filters . . . COMMISSION AGENDA ITEM B CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR October 14, 2002 Meeting MGR ~.r/DEPT /1';/ , Authorizati on REQUEST: Utility Department Requesting City Commission Approval to enter into a contract to Construct the East Water Reclamation Facility Filters. PURPOSE: The purpose of this Board item is to request authorization to enter into a contractual agreement with Prime Construction Group to build the East WRF Filtration System at a cost of $572,000 plus 10% contingency. CONSIDERA TIONS: This project is needed to maintain the Class I effluent quality standards at the East Water Reclamation Facility on Winter Springs Boulevard. The existing filters have increasingly become less reliable which leads to the effluent being rejected back to the plant for retreatment. This increases operating costs and , reduces available capacity. Bids opened on August 28, 2002 under RFP No. ITB 018-02/GE. There were six (6) bids received. The low bidder was Prime Construction Group at $572,000.00. The Prime Construction Group submittal meets the requirements delineated in the RFP. The City Clerks summary is attached. The scope of work includes adding a new effluent filter assembly for the East Water Reclamation Facility. The present travelling bridge filters are approaching the end of their useful life and are not capable of handling 100% of the plants permitted capacity. The new filter system will enable the facility to treat 100% of the effluent capacity as public access reclaimed water. . . . Consent Agenda Item B October 14, 2002 Page 2 FUNDING: The funding for this project is budgeted in the current fiscal year under the Capital Improvements - Utility Enterprise Fund - Revenue Generation. The amount budget for this project is $450,000.00. The sludge thickening project budgeted at $125,000 will be deferred to the future to provide the additional necessary funds. RECOMMENDA TION: It is recommended that authorization be given to enter into a contractual agreement with Prime Construction Group to build the East WRF Filtration System at a cost of $572,000 plus 10% contingency payable from Utility Enterprise Fund Revenue Generation Fund capital improvements line code 3620- 56370. IMPLEMENTATION SCHEDULE: The scope of work will be completed within 180 days of approval. A TT ACHMENTS: 1. Agreement Form 2. City Clerk Summary RFP No. ITB 018-02/GE COMMISSION ACTION: . . . Attachment 1 AGREEMENT FORM THIS AGREEMENT MADE THIS DAY OF , 2002, 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 Prime Construction Group, 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 Winter Springs, FL. 32708 for the East Water Reclamation Facility Filters. 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 OWN ER 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 five hundred seventy-two thousand dollars ($572,000.00). 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; . . . (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 Proaress 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. Reiection and Stoppaae 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. Furnishina 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. 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. 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. 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 2 BID NUMBER: ITB.018-02/GE EAST WATER RECLAMATION FACILITY FILTERS STATE ROAD 434 AND TUSKA WILLA ROAD BID CLOSING: AUGUST 28, 2002 Bid Closing Was Called By: Bid Opened: 3:01 p.m. Bid Closed: 3:05 p.m. Nancy Vobornik, Purchasing Coordinator Witnesses: George Edwards, Capital Projects Coordinator, Public Works Department Debbie Gillespie. Deputy City Clerk Six (6) Bids Received: 1. FLORIDA DESIGN CONTRACTORS, INC. AGENT: THOMAS CLARKE, PRESIDENT 1326 SOUTH KILLIAN DRIVE, LAKE PARK, FLORIDA 33403 TELEPHONE: (561) 845-1233 FACSIMILE: (561) 848-5992 BID AMOUNT: $634,400.00 2. WHARTON-SMITH, INC. AGENT: GEORGE E. SMITH, PRESIDENT 750 COUNTY ROAD 15, POST OFFICE BOX 471028, LAKE MONROE, FLORIDA 32747-1028 TELEPHONE: (407) 321-8410 BID AMOUNT: $657,000.00 TLC DIVERSIFIED, INC. AGENT: THURSTON LAMBERSON, PRESIDENT 2719 17TH STREET EAST, PALMETTO, FLORIDA 34221 TELEPHONE: (941) 722-0621 FACSIMILE: (941) 722-1382 BID AMOUNT: $668,700.00 3. 4. RTD CONSTRUCTION, INC. AGENT: DANNIE E. JORDAN, PRESIDENT 10240 NEWSOME ROAD, DADE CITY, FLORIDA 33525 TELEPHONE: (352) 521-0264 FACSIMILE: (352) 521-0672 BID AMOUNT: $592,500.00 5. McMAHAN CONSTRUCTION CO., INC. AGENT: ROBERT KELLOGG, PRESIDENT POST OFFICE BOX 223, DELAND, FLORIDA 32721-0223 TELEPHONE: (386) 734-1071 FACSIMILE: (386) 738-2692 BID AMOUNT: $597,000.00 6. PRIME CONSTRUCTION GROUP, INC. AGENT: REYNOLDS HOLIMAN, VICE PRESIDENT 1000 JET STREAM P ARKW A Y, ORLANDO, FLORIDA 32824 TELEPHONE: (407) 856-8180 FACSIMILE: (407) 856-8182 BID AMOUNT: $572,000.00 Debbie Gillespie, Deputy City Clerk City of Winter Springs Copy: Mr. Kip Lockcuff, Director, Public Works Department Ms. Nancy Vobornik, Purchasing Department '. I AGREEMENT FORM THIS AGREEMENT MADE THIS DAY OF . 2002 between the CITY OF WINTER SPRINGS of 1126 East State Road 434, Wmter Springs, Florida 32708, Seminole County, State of Florida, herein referred to as OWNER and PRIME CONSTRUcrrON Group, 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 ContIact Documents, for East Water Reclamation FatUity Filters. 2. CONTRACT DOCUME~ . The Contract Docwnents 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 Contmct by this reference. 3. CONTRACT '{IME . The CONTRACTOR shall begin work within 12 days after the issuance of a written Notice to Proceed and shall complete the work within 1!!! 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. LIOUIDATED 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 actua110ss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRAcroR 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 Five Hundred Seventy-two Thousand Dollars (SS72,OOO.OO). Payments will be ~de to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of his Bid, which shai1 be as fully a part of the Contmct as if attached Or repeat~ herein. 6. PROGRESS PAYMENTS - OWNER shaIl make progress payments on account of the contmct 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) Contmctor does not make prompt and proper payments to subcontractors~ (C) Contractor does not make prompts and proper payments for labor, materials, or equipment. fumishedhim; (0) Another ContIactor is damaged by an act for which Contractor is responsible; \. ~ I observations, and will issue certificates for progress payments and final payments in accordance with the tenus of the Contract Documents. 9. RESPONSmlLlTIES OF CONTRACTO~ - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supenision and Construction. CONI'RACfOR 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 necessmy for such proper supervision and direction. b. Discipline and Em~loYment. 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. Furnishine: of Labor. Materials. de. CONTRACTOR shall provjde 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 Penuits. CONTRACTOR shall secure all . licenses and permits necessaty for proper completion of the work, paying the fees thereof 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 materi8ls for one (1) calendar year after acceptance by OWNER 10. ~ - 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. MEDIATIONIVENUE - 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. ... . I' '. !,.. '. .~ .j; J '3 2824 407-856-8180 Date ..' " ( . . i . \ , . OWNER: + '. .' ' eIW OF WINTER SP,lUNGS... . ~'1" . ...... /~~~ ~~ ,.:' By: Reriald W. McEemo~ : City'~er' . 1126 East State Rocid' 434 Winter SpringS, FL. 32708 407-327-1800 4~~ :1lYL WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT 110 NORTH FLAMINGO AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-2669 Fax (407) 327-4751 NOTICE OF AWARD FORM TO: Christopher T. Brodie, President Land Design Developers, Inc. 1043 Seminola Blvd. Casselberry, FL 32707 PROJECT DESCRIPTION: City of Winter Springs Landscape Maintenance Services - Rights of Way & Ponds Bid #ITB-002-03/AH . The OWNER has considered the BID submitted by Land Desion Developers. Inc. for the above-described WORK in response to the Advertisement for Bids dated December 4. 2002 and Instructions to Bidders. You are hereby notified that your BID in the amount of $91.135.00 for BID items contained in the Bid Schedule has been accepted. You are required by the Instructions to Bidders to execute the Agreement and certificates of insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute . said Agreement and to furnish said certificate of insurance within ten (10) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and your BID BOND shall be forfeited. The OWNER will be entitled to such other rights as may be granted by law. You El,:e" required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. . Dated thisJ.,WLday Of Januarv. 2003. O~~R ;1~M m;3-- Ron McLemor~. . City Mana~er' ~ ACCEPTANCE OF NOTICE TICE OF AWARD is hereby acknowledged by this the By Title