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Home My WebLink About1997 03 24 Consent Item A COMMISSION AGENDA ITEM A REGULAR CONSENT X INFORMATIONAL March 24. 1997 Meeting MGR IAEPT ILl- Authorization REQUEST: Public Works/Stormwater Division Requesting Authorization to Enter Into a Contract Agreement for Orange Avenue Drainage and Roadway Improvements PURPOSE: The purpose of this Board item is to request authorization to enter into a contract agreement with Esterson Construction Company, Inc. for Orange Avenue Drainage and Roadway Improvements at a cost of$184,375.00 plus 10% contingency. CONSIDERATIONS: This project is needed to address the degrading effects the runofffrom Central Winds Park has on Orange Avenue. This impact was most notable in July, 1995 when a five inch storm event created two to three foot deep washouts on Orange Avenue. Three vehicles were stuck and an Orange Avenue resident suffered property damage from the runoff. The resident is positioned to litigate with the City if improvements are not made. The scope of work for this project is a stormwater piping system with connections to the park overflow points, raising the road grade to its approximate level prior to the park, establishing a stabilized subbase, and a 1~" asphaltic surface. The extent of the work is that portion of Orange Avenue adjacent to Central Winds Park plus approximately 200 east to a outfall to Lake Jesup. Orange Avenue is County right of way which is maintained by the City due to a 1987 interlocal agreement. We are currently unable to maintain Orange Avenue adjacent to the park during large storm events due to the runoff from Central Winds Park. The City Attorney is pursuing potential litigation against the March 24, 1997 Consent Agenda Item A Page 2. park designers due to possible deficiencies in the stormwater design. The project was advertised for bids as Bid #97-002. Bids were opened on February 12, 1997 with five bidders submitting bids. The low bidder was Esterson Construction Company, Inc. ofLongwood, with a base bid of$167,155.00. Esterson's bid for alternate #1, ($4,830 credit) was for a shell base in lieu of soil cement and alternate #2 ($17,220) is for a 1!f2" of asphalt. We recommend including the cost of #2 because a shell road will still erode and require a higher level of maintenance than a paved road. Esterson Construction has previously satisfactorily completed a project for the City and has constructed the infrastructure for several developments in the City. Esterson's bid bond and performance bond are in order. The Deputy City Clerk's bid summary is attached. FUNDING: The funding sources for this $184,375.00 project is from the 1993 Bond Construction Fund (303-56310) as outlined in the Revised Fiscal Year 1997 Budget. The funds for this project will be expended within 210 days of approval. RECOMMENDATION: It is recommend that authorization be given to enter into a contract agreement with enter into a contract agreement with Esterson Construction Company, Inc. for Orange Avenue Drainage and Roadway Improvements at a cost of$184,375.00 which includes alternate #2 plus 10% contingency. The funding source would be the 1993 Bond (303-56310). March 24, 1997 Consent Agenda Item A Pagel IMPLEMENTATION SCHEDULE: The contract period for this project is 180 days from the Notice To Proceed. We expect that construction will begin by May 1, 1997. Construction administration for this project will be handled by Chris Murphy, Storm water Utility Manager. Residents impacted by construction will allowed access through the park as they currently already can. The road shall remain open during construction. ATTACHMENTS: 1. Agreement Form 2. Deputy City Clerk Bid #97-002 Summary COMMISSION ACTION: " Attachment No. 1 SECTION 00500 AGREEMENT FORM 1. GENERAL 1.01 THIS AGREEMENT, made this _ day of , 199_, by and between (1) the Citv of Winter Sorinas , hereinafter called the OWNER, and (2) doing business as a (3) I and hereinafter called the CONTRACTOR. 1.02 WHEREAS, the OWNER and the CONTRACTOR are desirous of entering into an Agreement for construction of a by CONTRACTOR for OWNER. NOW, THEREFORE, for and in consideration of the mutual promises hereinafter exchanged the parties agree as follows: 1. 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 all are as fully a part of the Contract as if attached to this Agreement or repeated herein. 2. Scone of Work - The CONTRACTOR shall perform all work required by the Contract Documents for the construction of Oranae Avenue Improvements. 3. Contract Time - The CONTRACTOR shall begin work within ten (10) days after the issuance of a written Notice to Proceed and shall complete the work within one hundred fifty (180) calendar days from the date of the Notice to Proceed. . 4. Liauidated Damaaes - 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 the'reof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties Involved in proving in a legal 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 $500.00 for each day that expires after the time specified in Paragraph 3 for final completion until the work is finally complete. 5. Contract Price. Lumo Sum Contract - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Dollars ($ ). 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. (1) OWNER (2) CONTRACTOR (3) Sole Proprietor, Partnership, or Corporation 00500-1 6. Pavments - The OWNER will make payments as provided in the General Conditions and Supplementary Conditions. 7. Enaineer - The Project has been designed by Conklin, Porter & Holmes-Engineers, Inc., referred to in the documents as the Engineer, whose authority during the progress of construction is defined in the General Conditions and Supplementary Conditions. 8. .6.Qod - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and to the satisfaction of OWNER. 9. MediationlVenue - 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 hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 10. CONTRACTOR warrants the Oranae Avenue Imorovements will be fit for the City's intended use and purpose and will comply with all Federal and State laws and regulations. 1.03 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Name of Firm (Seal) By (Signature and Titlel Attest OWNER: The City of Winter Sorinas Name of Firm (Seal) By (Signature and Title) Ron McLemore, City Manager Attest END OF SECTION 00500a/winspgs/spec 00500-2 .. . . ;. Attachment No.2 PROJECT TITLE: Orange A venue Drainage Improvements BID NUMBER: 97-002 BID OPENING DATE: Februarv 12.1997 The bid opening was called by: J.P. Petrencsik Title and Time: Purchasing Director Bid opening was closed: 2:04 p.m. 2:17 p.m. Present as witness: Kip LockcufI. Public WorkslUtilitv Director Sherri Fragomeni. Representaive from Conklin. Porter & Holmes N ancv V orbornik. Administrative SecretarylPurchasing Bid Bond Required: YES Performance Bond Required: YES Bids Received: 1. Prime Construction Group, Inc. P.O. Box 590507 Orlando, FL 32859-0507 in the amount of$223,000 Alt. #1: - $ 5,000 Alt. #2: +$19,500 2. Allstate Paving, Inc. 5284 Patch Road Orlando, FL 32822 in the amount of $200.000 Alt. #1: +$ 3,000 Alt. #2: +$18,000 3. Central Florida Environmental Corp. 1000 Savage Ct. #215 Longwood, FL 32750 in the amount of$185,711.00 Alt. # I: - $ 4.506.00 Alt. #2: +$19,500 4. Esterson Construction Company, Inc. 794 Big Tree Drive, Suite 108 Longwood, FL 32750 in the amount of$167,155.00 Alt. # I: - $ 4,830.00 Alt.#2: +$17,220.00 ~ .. . -) 5. Gibbs & Register. Inc. 438 North Dillard Street Winter Garden. FL 34787 in the amount of $277,700.00 Alt. #1: + $ 4.000 Alt. #2: +$19,000 ~~ Margo opIdns. ty Clerk cc: Public Works Department City Manager Purchasing Department