HomeMy WebLinkAbout1999 03 08 Consent Item A
COMMISSION AGENDA
ITEM A
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
March 8, 1999
Meeting
MGR V IDEPT J~
Authorization
REQUEST: Utility Department Requesting Authorization to Enter into a Contractual
Agreement for David Drive Water and Sewer Improvements
PURPOSE: The purpose of this Board item is to request authorization to enter into a contractual
agreement with Daniels Contracting Company for water and sewer improvements on
David Drive at a cost of$48,326.00 plus a 10% contingency.
CONSIDERATIONS:
This project is needed to provide sewer service to the businesses on the east side of
Belle Avenue and also for future looping of the water system. The improvements are being
constructed in the unimproved David Drive right of way and an easement along the western
and southern boundaries Winter Springs Elementary. Bids for this project were opened on
February 17, 1999 under Bid # ITB-007-99-KL. The City Clerks summary is attached.
The low bidder was Daniels Contracting Company of Lake Mary, Florida, with a bid
$48,333.00. A scriveners resulted in an adjusted bid $48,326.00. The project scope of work
includes the installation of 1,220 feet of 8" water main and 1,150 feet of gravity sewer main.
The water main will be stubbed for a future connection under S.R. 434. This will provide a
looped system resulting in improved pressures and fire flows. The Capital Projects
Coordinator recommendation is also attached.
March 8, 1999
Consent Agenda Item A
Page 2
FUNDING:
The bid cost of $48,326.00 is above the $40,000 budgeted for this project in the Utility
Enterprise Fund Capital Improvement line code (3600-56310). There were enough savings in
several other projects, particularly the reclaimed interconnect was $45,000 under budget, to
cover the additional monies needed to complete this project.
RECOMMENDATION:
It is recommended that authorization be granted to enter into a contractual agreement
with Daniels Contracting Company for the installation of water and sewer improvements in
David Drive at a cost of$48,326.00 plus a 10% contingency which is payable from the Utility
Enterprise Fund capital improvements line code (#3600-56310).
IMPLEMENTATION SCHEDULE:
The scope of work will be completed within 90 days of issuance of the Notice to
Proceed. The construction will be coordinated with the school to minimize disruption.
ATTACHMENTS:
1. City Clerk Summary - Bid #ITB-007-99-KL
2. Proposal and Agreement
3. David Drive location map
4. Capital Project Coordinator Recommendation
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
DAVID DRIVE UTILITIES PROJECT
BID NUMBER: ITB-007-99-KL
BID OPENING DATE: February 17, 1999
The Bid Opening Was Called By: Ms. Nancy Vobornik
Purchasing Department
Bid Opened:
Bid Closed:
3:01 p.m.
3:14 p.m.
Nine (9) Bids Received:
1. S & S CONSTRUCTION & DEVELOPMENT COMPANY, INC.
781 NORTH POWERLINE ROAD, DEERFIELD BEACH, FLORIDA 33442
BASE BID: $239,500.00
2. ALLSTATE PAVING, INC.
5284 PATCH ROAD, ORLANDO, FLORIDA 32822
BASE BID: $ 66,82000
3. GIBBS & REGISTER, INC.
438 NORTH DILLARD STREET, WINTER GARDEN, FLORIDA 34787
BASE BID: $ 78,990.00
4. DANIELS CONTRACTING COMPANY
310 W A YMONT COURT, SUITE 104, LAKE MARY, FLORIDA 32746
TELEPHONE: (407) 330-1220
FACSIMILE: (407) 330-0009
BASE BID: $ 4S,333.00
5. CENTRAL FLORIDA UNDERGROUND, INC.
990 MILLER DRIVE, AL T AMONTE SPRINGS. FLORIDA 3270 I
BASE BID: $ 70,260.00
DA VID DRIVE UTILITIES PROJECT
BID NUMBER: ITB-007-99-KL
BID OPENING DATE: February 17, 1999
Page 2 of2
6. BRUCE McGONIGAL, INC.
3940 MOORES STATION ROAD, SANFORD, FLORIDA 32773-6523
TELEPHONE: (407) 330-9797
FACSIMILE: (407) 330-9797
BASE BID: $ 76,112.00
7. SUNSHINE BUILDING & DEVELOPMENT CORPORATION
219 ANCHOR ROAD, CASSELBERRY, FLORIDA 32707
BASE BID: $ 59,376.00
8. MASCI CORPORATION
5752 soum RIDGEWOOD A VENUE, HARBOR OAKS, FLORIDA 32127
TELEPHONE: (904) 322-4500
FACSIMILE: (904) 322-1600
BASE BID: $ 97,150.00
9. PRIME CONSTRUCTION GROUP, INC.
5528 FORCE FOUR P ARKW A Y, ORLANDO, FLORIDA 32809
POST OFFICE BOX 590507, ORLANDO, FLORIDA 32859-0507
TELEPHONE: (407) 856-8180
FACSIMILE: (407) 856-8182
BASE BID: $ 66,250.00
Olle (I) No Bid Received:
1. HITACHI MAXCO, LTD.
1630 ALBRIITON DRIVE, KENNESAW, GEORGIA 30152-4353
, TELEPHONE: (77 ) 424-9350
o. /: FAC~IMILE: (77) 424-9145
( \.! 0
~...'k . _.-..-.....-~
Andrea Lorenzo-Luac, , eput}r City Clerk
City of Winter Springs
Copy: Mr. Kip Lockcuff, Director, Public WorksfUtility Department
Ms. Nancy Vobomik, Purchasing Department
DOCS/bids/rcsu IL~/fy9899199-007 .doc
A TT ACHMENT NO. 2
AGREEMENT AND BID FORM
THIS AGREEMENT MADE THIS DA Y OF March, 1999 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 Daniels Contracting Company of Lake Mary, 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 #ITB-007-99-KL - David
Drive Utilities 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 Rdays after the issuance of
a written Notice To Proceed and shall complete the work within 90 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 recognized 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 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 Forty Eight Thousand Three Hundred Twenty Six Dollars and no Cents
($48.326.00). 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 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 PROJECT DIRECTOR 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 contract. In performance of these duties George Edwards, Capital
Projects Coordinator, 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 Prol!ress 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.
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 Stoppal!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. 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 OWNER - Contractor's duties and rights in connection with the
project herein are as follows:
a. Responsibilitv for Supervision 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 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. Furnishinl! 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 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 a 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. 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 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.
3
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:
Daniels Contracting Company
Name:
310 Wavmont Ct.. Suite 104
Lake Marv. FL 32746 .
Address and Telephone
407-330-1220
Date
OWNER:
CITY OF WINTER SPRINGS
By: Ronald W. McLemore
CITY MANAGER
1126 East State Road 434
Winter Springs, Florida 32708
(407) 327-1800
4
_.___...8" Y{
6! 5
\
\
\
I
,
,
.+
r',! I
:~~G\ \1= ~, I Iii
:.i:!:!'k P
~t~~! I \ I ; ~ 1
~Jj:tj I
~~j
f '....~}
::J
~g~~~,
.~____'_.' --..-.t,- ,,l....oo, ~'I
_,_ . .' .' ..;:IJ~~V.;
.;.
B" 5 :€ r:r>
\~
! \~~
,-"
..._....6'~ W:" ... ... . -- ../
7
~
\9l
; ,
".~, I
\ ," 1
C "
\ r
" \ -
l .. -:-
\ .t)"
I ~.'
;
,~
\
r -.
\ . r
I
i
I
\
\
'j
;-. 611 'W\ );",-
\ ;:~.
\ .,
)
,..,.,
/,
~.; G _ ~_;
- 'cY'-FM- - - - - t-.~.;-~~-
~~__--~---------~__~--'l='-'.-~ '/'5""W """".o,,,,,,,,,,,:,,.,,.,,W ...., 1.
T ,_ \, //-----------' ,; ,,---'y" U , ,.
! .', _\ _.. _ _____"_" ,t_ ,,_ "'__) j \ A n ;~, \ L 01 \ ~
: \" I _ _ __ ____- - I --, ' - - r, 1 -- -
; i ; ;--7) -,r------v / ',(i', \:; ;,',1'; ·
'_.I i 1/ \. ,/" ""I' ,-
o. _ .... _'" j~ \'; \'." i, ,/ /~;'/:, n-..-.- .:_-....._-...=.=D J '1\..... \ \ r. :.',
~ ........':.. ./.' " ' -
',;'\ \ _ _ c:;/ ':;:'<,/,- WINTER SPR1NG~ 2()~:=::::::-~ \ -- ,
:',;~\ / /... /;"'; CELEMENTARY \3 \ \ --'
e.::t: _ __~/ SCHOOL r-------\" \--- -- -,-- - - - - ~
_'q' / ( _ " (' \ ,1. 1-' -
;'i~g'\" 'j'~/;-' '\"-\ 1,,',._::....._......--. .:'1,..':'\ I' -':-. --.r, l_ -~-'--- -" -. : tJ1
:Oi' / \ - c~D \" --
SE~:: - ----\1r~ w~ ~ER" / ~:-~:\, \;~~\; - i-- :- - o. ·
"""..,: \ " r- -- \ ( -., \ ' ' ;...
_; ,'"' _'I j 1-"
" 'I: \\ \ \ '\-;-~ - \ ~~ ~ - -,;,:;- ..-
,,_ _- i\ 'I _ _ _ .-:,,--' -=~-j': '" --" :'0--- - "0
iLU- - - _...- _. _" - - __,--------r---- '" -, ; - ,
"" _, _ _ __ _-"_.-."'-=-=--,-----r- ,1' : ,.. I " r
'l:-.'-:'--~- \.~ _ I, I'. I -, r' ' L I,Il ., n 'I ~({ . 7. 4 \ ,r:! ,.j 'tIJ i '
. _ _,,,' ii, ,,_ - L L ,)<J , _i' "L - 0 -- \,' ,-,,, I .. I \ - -'- - - ~- -
, " . c-' . _' - _' _' ,,' I j'- ----- -- , )>
. t '-. "', ! , " i';! L \ '-<I 1'" "
\: ...., "W' ", \lJ L \ ' .//' lU \ ~. :: I / ..,
" _ ____u- ~~- · \ ". '
_-~-" _-;:d~"t(('''- nPIII[- /"7 ~-------I 1"- -" - ,,' )>
.' . _:__'" 8"\'" \ \ ~
l 1 .. ,~ - o. .. - .. ~
'. i,~ .al""'''", b IT1
2
..,
2
o
WEST S R 4
. . 34
. _.:=- :::. - - - - - - - - - - - - - -- - -- -- '- - -- -- - - - - - - - - - - - -- - - '- - -- - - - - - - - - - -
10" FM -..-----,.,--.--' ~
. .
.:l.Ci
,......- -
.- .- - .- .-
Vi
0)'
{ii'
r'
r'
, {ii ,
.J:>
Ie::.
'; {ii
:' ;...:.'
I - --,
.....{.j'
- - -..-"'-
- -" .....--.--
:::,PGC:
.....J : ..J
':-.. .- P",-'\-".R~._.. y""\.....,...l,..
t
. ," M
" '..' " ....."
.' ".... ......'. :,,-:~ ,',r,,:.:.;.", :':. I,. ...
L"'~'-'::_":":<: ..' .'
.,', ..
" .,'
\
o
\
w
'(~:. .-
--~~......
.-, .' .. ......,::..,... ,'::,,:~,;,,:;,::-::,";:~:" ",
~ .:. ~. :., .I:~..
',. ,"
.- ':. '; .' .' ~
/"
ATTACHMENT NO.4
MEMORANDUM
TO:
Kip Lockcuff, P.E.
Utilities Director
FROM:
George F. Edwards
Capital Projects Coordinato
RE:
Bid Analysis, Bid # ITB.007.99-KL
David Drive Utilities Project, Project # 99-03
DATE:
19 February 1999
On Wednesday, February 17,1999, the City of Winter Springs received bids for
the David Drive Utilities Project. Copies of the bids were supplied to my office for
review.
The following is a summary of the three lowest bidders and their associated
pnces:
Contractor Base Bid Price
Daniels Contracting Company $48,326.00 (adjusted)
Sunshine Building and Development Corp $59,376.00
Prime Construction Group, Inc. $66,250.00
The Engineer provided the City with a budget estimate of $$48,200.00. A full bid
tabulation, which shows a price range of $48,326.00 to $224,500.00, is provided
for your review.
Three of the contractors apparently did not receive Addendum #2, hence did not
include the prices in their bids; however, none of these bidders (Allstate Paving;
Central Florida Underground, Inc.; and Gibbs and Register, Inc.;) were within the
three lowest bids received. Masci Corporation failed to acknowledge Addendum
#2, however it included the change made by the Addendum it its bid. It is
presumed therefore that Masci received, and acted upon, Addendum #2.
In addition, a bid bond was not found in the bid documentation of S&S
Construction & Development Co., Inc..
Daniels Contracting Company rounded off bid items 2 and 3, which is not
permitted by the contract conditions. Therefore the actual bid amount totaled
seven dollars lower than the amount shown as the total base bid on the bid form.
In summary I recommend the City's award of this project to Daniels Contracting
Company at a base bid price of $48,326.00.
AGREEMENT AND BID FORM
THIS AGREEMENT MADE THIS 2~~~ DAY OF March, 1999 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 Daniels Contracting Company of Lake Mary, 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 #ITB-007-99-KL -David
Drive Utilities 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 90 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 recognized 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 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 Fort~~ht_Thousand Three Hundred Twentv Six Dollars and no Cents
( 48 326.00). 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 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 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 Edwards, Capital
Projects Coordinator, 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 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 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 OWNER -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, 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 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 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 a 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. MEDIATION/VENUE -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.
~ L
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:
/_1~vyvv.~c.w~. ~iww~-
i
~ ~,"~-
Name:
Address and Z
407-330-1220
~~ ~8~~ g
Date
OWNER:
CITY OF WIN'T'ER SPRINGS
Ronald Vv . Mc emore
CITY MANAGEK
1126 East State Road 434
Winter Springs, Florida 32708
(407) 327-1800
4
TO: Andrea Lorenzo-Lucas, Deputy C1ty CI
FROM: t3eorge F. Edwards, Capital Projects
RE: Documentation for Project #99-03
Dav1d Drive Utiiitles Project
DATE: March 30,1999
Transmitted herewith are the following completed documents for your files.
1) Notice of Award
2) Agreement
3) Notice to Proceed
If you have any questions pertinent to this matter please contact me.
FLoRida
SURETY
BONdS, I NC.
March 16, 1999
City of Winter Springs, Florida
1126 East S.R. 434
Winter Springs, FL 32708
222 S. WESrMONrE DRIVE, SUITE 307
A~TAMONTE SPRINC{5~ FL 32714
407.786.7770
FAx 407.786.7766
888.786-BOND (2663)
FAx 888.718-BOND (2663)
WU/W. FLORIdASUREiYBONdS.COM
Re: Authority to Date Bonds and Powers of Attorney
Principal: Daniels Contracting Company
Bond No.: FSBI-000014-PP
Project: Project #ITB-007-99-KL -David Drive Utilities Project
Dear Sir or Madam:
Please be advised that as Surety on the above referenced bond, executed on
your behalf for this project, we hereby authorize you to date the bonds and
the powers of attorney concurrent with the date of the contract agreement.
Once dated, please send a copy of the dated bonds to our office.
Best regards,
The Mountbatten Surety Company, Inc.
J~ . i ~.`~
Jeffrey W. Reich
Attorney In Fact and
Florida Licensed Agent