HomeMy WebLinkAbout1998 02 23 Consent Item D
COMMISSION AGENDA
ITEM D
REGULAR
CONSENT X
INFORMATIONAL
Eeb.ruaI}L23, 1998-
Meeting
MGR~ IDEPT fr
Authorization
REQUEST: Public Works Department Requesting Authorization to Enter into a
Contractual Agreement for the Installation of a Entrance Sign for City Hall.
PURPOSE: The purpose of this Board item is to request authorization to enter into a Contractual
Agreement for the installation of a new entrance sign at City Hall with Al Bosgraaf
& Sons, Inc. at a cost of$14,120.00 plus a 10% contingency.
CONSIDERATIONS:
This project is needed to replace the entrance sign to City Hall that was removed due
to the widening of State Road S.R. 434. The old sign was a back lit fiberglass sign which
had deteriorated significantly since its installation in 1984.
The sign replacement project was bid as #98-014. Bids were opened on February 4,
1998. The low bidder was Al Bosgraaf & Sons, Inc. with a bid of$14,120.00. This
contractor has successfully performed work for the City previously which was the Fire
Station #2 replacement.
The new sign is proposed to be brick and stucco to match the building. Lighting and
landscaping are included. City staff will sod the area after completion. The elevation view
and site layout are attached. The sign meets the new S.R. 434 corridor design standards.
FUNDING:
The cost for this project is $14,120.00. Sufficient funds are available in 1997
Construction Fund (304-56310) to complete this project. Funds will be expended in 90
days.
February 23, 1998
Consent Agenda Item D
Page 2_
RECOMMENDATION:
It is recommended that authorization be given to the City Manager to enter into a
Contractual Agreement for the installation of a new entrance sign at City Hall with Al Bosgraaf &
Sons, Inc. at a cost of$14,120.00 plus a 10% contingency payable from the 1997 Construction
Fund.
IMPLEMENTATION SCHEDULE:
The project will be completed within 90 days of approval.
ATT ACHMENTS:
1. City Clerk Summary - Bid # 98-014
2. Agreement Form
3. Elevation View
4. Sign Location
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
PROJECT TITLE: WINTER SPRINGS CITY HALL SIGN
BID NUMBER: 98-014
BID OPENING DATE: FEBRUARY 4, 1998
The Bid opening was called by: J.P. Pelrencsik, Director of Purchasing
Bid Opened:
Bid Closed:
4:05 p.m.
4:07 p.m.
Present as witnesses:
Kip Lockcuff, Director, UtilitylPublic Works
Nancy Vobornik, Purchasing Secretary
Terry Zaudtke, Consulting Engineer
Bid Bond Required: Yes
Performance Bond Required: Yes
Two (2) Bids Received:
1. AL BOSGRAAF & SONS, INC.
441 SURREY RUN, CASSELBERRY, FLORIDA 32707-3135
BID: $14,120.00
2. ATLANTIC EASTERN CORPORA TJON
2231 DEANNA DRIVE, APOPKA, FLORIDA 32703
BID: $22,980.00
\- ('
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Andrea Lorellz0-Lua~ty City Clerk
City of Winter Springs
BIDS/results/fy9798/98-O 14.doc
Copy: Mr. Kip Lockcuff, Director, Utility/Public Works
Mr. J.P. Petrencsik, Director of Purchasing
ATTACHMENT NO.2
AGREEMENT AND BID FORM
THIS AGREEMENT MADE TillS DAY OF March, 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 Al Bosgraaf & Sons, Inc. of Casselberry, Florida, herein
referred to as Contractor, a person duly licensed as a Contractor in the State of Florida, as follows:
I. 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: the West WRF Handrail
Addition.
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 J.Q...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 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. 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 Fourteen Thousand One Hundred Twenty Dollars ($14.120.00). Payments
will be made to the CONTRACTOR based on the Lump Sum Bid amount, the Schedule of Values, and
subject to completion of the 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 by 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 Kipton Lockcuf, 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 t~e term of this
contract.
b. Ins{lections. 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 \Vorksite 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 O\\'l1er'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. Reiection and Stoppat!: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 \ViiI issue certificates for progress payments and final payments in accordance with the
tenns 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, 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. 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 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 telms 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:
Al Bosgraaf & Sons. Inc.
Name:
41 Surrev Run. Casselberry. FL
Address and Telephone
407-695-3064
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
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SIGN LETTERING AND LOGO TO BE ll-lE SAIolE ON Bon; SlOES. CENTER NUMBERS OVER "WINTER SPRINGS".
2. LETIERS AND NUMBERS SHAlL BE CAST IN BRONZE. FONT S"ffiE IS HELVETICA. lETTER HEIGHT 6-. 'WIDTH 6". NUI,(Brn
HEIGH 4-. WIDTH 4-. SATIN FINISH. LETTER ATTACHI.4ENT SHAlL BE BY DRIlLED HOlES AND THE USE Of S1UCONE SET11NG
OF S11JBS ON THE BAa< OF 1];[ LETTERS. (LETIERS BY "GEt.lIN" OR APPROVED EQUAL.) SUBUIT SHOP DRAWINGS FOR REVIEW
AND APPROVAL BY 1];E CITY.
3. FILL 15 REQUIRED TO OBTAIN FINAL ELEVATION. CQl,tPACT FILL TO 85% MODIFIED T-180. USE CLEAN SAND FILL ONLY.
ELEV A TlON
Scale: 1" = 3/4"
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SIGN DEl AILS
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AGREEMENT AND BID FORM
THIS AGREEMENT MADE THIS 3rd DAY OF March, 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 Al Bosgraaf & Sons, Inc. 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 1126 East S.R. 434, Winter Springs, Florida 32708 for: Project # 98-014 - Winter Springs
City Hall Sign.
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. 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 often ($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 Fourteen Thousand OneJIundred Twenty Dollars ($14,120.00). 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 by 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 ofthe 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 Lockcuf, 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. Ooinions. and Prollress Reoorts. 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 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.
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 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, 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 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. 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.
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:
Gerald Bosgraaf, Vice President
Margo M. Hopkins
Contractor:
Al Bosgraaf & Sons. Inc.
Name:
41 Surrev Run. Casselberry. FL
Address and Telephone
407-695-3064
3/3/98
Date
OWNER:
CITY OF WINTER SPRINGS
Ronald W. McLemore
CITY MANAGER
1126 East State Road 434
Winter Springs, Florida 32708
(407) 327-1800
4