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HomeMy WebLinkAbout2003 04 14 Consent E Design/Build Surge Tank Modification Contract for the East Water Reclamation Facility ?-. Or-jl"...I..i COMMISSION AGENDA ITEM E CONSENT X INFORMATIONAL PUBLIC HEARlNG REGULAR April 14,2003 Meeting MGR r- IDEPT Iff Authorization REQUEST: Utility Department Requesting Approval to enter into a contract to Design/Build Surge Tank Modification for the East Water Reclamation Facility. PURPOSE: The purpose of this Board item is to request authorization to enter into a contractual agreement with Cloud 9 Services, Inc. to design and build a grit sedimentation tank within the existing surge tank at the East water Reclamation Facility at a cost of$54,528.00 plus 10% contingency. CONSIDERA TIONS: This project is needed to modify the existing wastewater treatment plant to maintain sewage treatment standards at the East Water Reclamation Facility. The sedimentation tank is needed to separate the sand from the influent and deposit it into an area where it can be readily removed. The hand rail supports are rusted and need to be replaced and expanding the walk way around the bar screen is necessary for safety reasons. This project was advertised as a request for proposals for designlbuild services. Sealed proposals were opened on January 29, 2003 under RFP No. 003/03/DT There were three (3) bids received. The low bidder was Cloud 9 Services, Inc. for $54,528.00 followed by was K & W Welding Inc. for $71,700.00. The Cloud 9 submittal meets the requirements delineated in the RFP. They have satisfactorily performed work for the City in the past. The City Clerks summary is attached. The scope of work includes building a grit sedimentation tank, replacing hand rail supports and expand the walk way around the bar screen intake structure_ Consent Agenda Item E April 14, 2003 Page 2 FUNDING: The funding for this project is budgeted in the current fiscal year under the Utility Enterprise Fund capital improvements line code 3600-56310 & 3610- 56340. The amounts budgeted for this project are $51,000.00. Sufficeint funds are available in the 3600-56310 for the $3,500 extra required. RECOMMENDATION: It is recommended that authorization be given to enter into a contractual agreement with Cloud 9 Services, Inc to Design/Build Surge Tank Modifications for the East Water Reclamation Facility in the amount of$54,528.00 plus 10% contingency payable from the Utility Enterprise Fund capital improvement line code 3600-56310 ($31,528.00) and Renewal and Replacement fund 3610-56310 ($23,000.00). IMPLEMENTATION SCHEDULE: The scope of work will be completed within 90 days of approval. ATTACHMENTS: 1. 2. Agreement Form City Clerk Summary RFP No. 004/03/DT COMMISSION ACTION: . . . Attachment No.1 FORM OF AGREEMENT THIS AGREEMENT made this day of , 2003 between the CITY OF WINTER SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole County, State of Florida, herein referred to as OWNER and Cloud 9 Services Inc. , State of Florida, herein referred to as the Design/Build Contractor, a person duly licensed in the State of Florida, as follows: 1. DESCRIPTION OF WORK - COORDINATOR shall perform the work, in accordance with the Contract Documents of the Design/Build Sedimentation tank and related work. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions and Sections contained in the Project Manual; all Addenda issued prior to and all Change Orders issued after execution of this Agreement. These form the Contract and are incorporated into this Contract by this reference. 3. EXECUTION TIME - The COORDINATOR shall begin work within 10 days after the issuance of a written Notice to proceed and the contract shall be for a period of 90 calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 4. LIQUIDATED DAMAGES - NOT USED 5. CONTRACT PRICE. UNIT PRICE CONTRACT - The OWNER will pay the Design/Build Surge Tank Modification for the EAST WATER RECLAMATION FACILITY CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Fifty four thousand five hundred twenty eiaht Dollars ($ 54.528.00 ). Payments will be made to the CONTRACTOR on a monthly basis as delineated in the Schedule of Unit Prices included as a part of his Offer, which shall be as fully a part of the Contract as if attached or repeated herein. Thirty (30) days after presentation of the Application for Payment to Owner the amount recommended will become due, and when due will be paid by Owner to the CONTRACTOR. Progress payments may be withheld if: (A) Contractor does not file reports with Owner in a timely manner; (8) Owner is damaged by an act for which Coordinator is responsible; (C) Claims or liens are filed on the job; or (D) In the opinion of the City of Winter Springs. Contractor's work is not being performed satisfactorily. 6. DESIGNATION OF PROJECT DIRECTOR: 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 . . . 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 the contract. The OWNER 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 overseen by the CONTRACTOR and shall make periodic visits to the work sites. The OWNER will not be responsible for the CONTRACTOR'S failure to perform the work in accordance with the Contract Documents. c. 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. d. 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. 9. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR'S duties and rights in connection with the project herein are as follows: a. Responsibility for Desian and Construction Supervision. Under this contract, the CONTRACTOR shall be solely responsible for the design and construction of this project, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all necessary attention for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among its employees that it may employ, and 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 the 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 coordination of the work, paying the fees therefor. CONTRACTOR warrants that it (and subcontractors or tradesmen, if required and authorized in the Contract Documents) holds or will secure all trade or professional licenses required for CONTRACTOR to undertake the work. e. CONTRACTOR shall provide a written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. 10. BOND - NOT REQUIRED . . . 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: v/,0h alP~) 1J/) CONTRACTOR Cloud 9 Services Inc Name 500 29th Street Or/ando.FI32805 407-481-2750 e Te ..,~" Nicole L Seivers *il*Mv Commission CC851408 ~..~ ExpIres July 1, 200a Date OWNER: CITY OF WINTER SPRINGS By: Ronald W. McLemore City Manager 1126 East State Road 434 Winter Springs, FL. 32708 407-327-1800 REQUEST FOR PROPOSAL NUMBER: RFP-003-03/DT DESIGNIBll.ILD SURGE TANK MODIFICATION AT THE EAST WATER RECLAMATION FACILITY RFP CLOSING: JANUARY 29, 2003 RFP Closing Was Called By: Ms. Nancy Vobornik, Purchasing Coordinator RFP Opened: RFP Closed: 3:14 p.m. 3:15 p.m. Witness: Mr. Doug Taylor, Superintendent, Utility Department Ms. Holly N. Pierstorff, Assistant to the City Clerk Three (3) RFP 's Received: 1. CLOUD 9 SERVICES, INC. AGENT: RICK FENDER, PRESIDENT ADDRESS: 500 29TH STREET, ORLANDO, FLORIDA 32805 TELEPHONE: NOT PROVIDED F ACSIMILIE: NOT PROVIDED PROPOSAL AMOUNT: $54,528.00 2. K & W WELDING, 1Ne. AGENT: WILUAM DeFOE, OWNER ADDRESS: 1040 OCOEE APOPKA ROAD, SUITE 340, APOPKA, FLORIDA 32703 TELEPHONE: (407) 814-9399 F ACSIMILIE: NOT PROVIDED PROPOSAL AMOUNT: $71,700.00 3. BENTLEY ARCHITECTS & ENGINEERS, 1Ne. AGENT: WILUAM C. BENTLEY, PRESIDENT ADDRESS: 665 WEST WARREN A VENUE, LONG WOOD, FLORIDA 32750 TELEPHONE: (407) 331-6116 FACSIMILIE: (407) 331-4566 PROPOSAL AMOUNT: $ 153,330.00 Holly N. Pierstorff, Assistant to the City Clerk City of Winter Springs Copy: Mr. Kip Lockcuff, Director, Public Works/Utility Department Ms. Nancy Vobomik, Purchasing Department City Clerk\Docs\WordIBIDS\RESUL TS\Fy0203\RFP-003-03 DT.doc Attachment No.1 FORM OF AGREEMENT THIS AGREEMENT made this day of t 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 Cloud 9 Services Inc. , State of Florida, herein referred to as the Design/Build Contractor, a person duly licensed in the State of Florida, as follows: 1. DESCRIPTION OF WORK - COORDINATOR shall perform the work, in accordance with the Contract Documents of the Design/Build Sedimentation tank and related! work. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions and Sections contained in the Project Manual; 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. EXECUTION TIME - The COORDINATOR shall begin work within 1Q days after the issuance of a written Notice to proceed and the contract shall be for a period of 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 - NOT USED 5. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the Design/Build Surge Tank Modification for the EAST WATER RECLAMATION FACILITY CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Fifty four thousand five hundred twenty eiaht Dollars ($ 54.528.00 ). Payments will be made to the CONTRACTOR on a monthly basis as delineated in the Schedule of Unit Prices included as a part of his Offer, which shall be as fully a part of the Contract as if attached or repeated herein. Thirty (30) days after presentation of the Application for Payment to Owner the amount recommended will become due, and when due will be paid by Owner to the CONTRACTOR. Progress payments may be withheld if: (A) Contractor does not file reports with Owner in a timely manner; (8) Owner is damaged by an act for which Coordinator is responsible; - (C) Claims or liens are filed on the job; or (D) In the opinion of the City of Winter Springs, Contractor's work is not being performed satisfactorily. 6. DESIGNATION OF PROJECT DIRECTOR: 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 " . .-~. a. General AdmInistration of Contract. The primary function of tMI;'~ity is to provide the general administration of the contract. In performance of these duti,s Kipton Lockcuff or his authorized representative is the City's Project Director during th~ entire period of the contract. The OWNER may change the Project Director during thelerm of this contract. '".;1 b. Inspections. Opinions. and Proaress Reports. The OWNER :~~all be kept familiar with the progress and quality of the work overseen by the CO~I~RACTOR and shall make periodic visits to the work sites. The OWNER will not bEt! responsible for the CONTRACTOR'S failure to perform the work in accordand9: with the Contract Documents. c. Interpretation of Contract Documents: Decisions on Dlsoutes~>-rrhe OWNER will be the initial interpreter of the contract document requirements, and' :make decisions on claims and disputes between CONTRACTOR and OWNER. d. Payment Certificates. The OWNER will determine the':~mounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR'S applications and OWNER's inspections and observations. 9. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR'S c1tllties and rights in connection with the project herein are as follows: a. Responsibility for Deslan and Construction Suoervislon. Unlljf~r this contract, the CONTRACTOR shall be solely responsible for the design and ::bonstruction of this project, including the techniques, sequences, procedures ar~~ means, for the coordination of all work. CONTRACTOR shall supervise and direerthe work, and give it all necessary attention for such proper supervision and direction. b. Discioline and Emoloyment. CONTRACTOR shall maintain at al~Klmes strict discipline among its employees that it may employ, and agrees not to emlP.loy for work on the project any person unfit or without sufficient skill to perform the j~~ for which he was employed. c. Furnishlna of Labor. Materials. etc. CONTRACTOR shall pmMide and pay for all labor, materials, and equipment, including tools, construction equiptrient and machinery, utilities, including water, transportation, and all other facilities and S!~lIvices necessary for the proper completion of the work on the project in accordanne with the contract documents. d. Payment of Taxes: Procurement of Licenses and Permits. qpNTRACTOR shall secure all licenses and permits necessary for proper coordination olf'~he work, paying the fees therefor. CONTRACTOR warrants that it (and subcontrac11tprs or tradesmen, if required and authorized in the Contract Documents) holds or wil~ ;secure all trade or professional licenses required for CONTRACTOR to undertake the 'liYbrk. e. CONTRACTOR shall provide a written guarantee for work and Inaterials for one (1) calendar year after acceptance by OWNER. -- 10. BOND - NOT REQUIRED 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: . uJ( (If)! If} ~1' J ILI-J CONTRACTOR ~'~ Nicoie L Selvers * ~;; *MoJ CommIssIon CC861408 ''!J' Expires July 1. 2003 OWNER: CITY OF WINtER SPRINGS By: Ronald W. McLemore City Man~ger 1126 East State Road 434 Winter Springs, FL. 32708 407-327-1800