HomeMy WebLinkAbout2008 03 24 Consent 204 Contract with Sunshine Building and Development CorporationCOMMISSION AGENDA
ITEM 204
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
March 24 2008 MGR /DEPT ~/~~
Meeting Authorization
REQUEST: Public Works Department -Stormwater Division requesting authorization to
enter a contract with Sunshine Building and Development Corporation for
the Moss Road and Flamingo Avenue Drainage Improvements Project
PURPOSE: The purpose of this Board item is to request authorization to enter into a contract
with Sunshine Building and Development Corporation for the installation of
stotmwater piping for the Moss Road and Flamingo Avenue Drainage
Improvements Project in the amount of $88,941.95.
CONSIDERATIONS:
This project is part of the Public Works Department's 5-year Stormwater Capital
Improvement Plan. This first phase of piping existing open ditch storm water system
involves the installation of over 200-feet of 48-inch concrete reinforced pipe, a "trash
box" for improvement of water quality and a conflict manhole for an existing 10-inch
sanitary sewer line.
The project was advertised for bid on February 17, 2008, with the bid opening on
March 12, 2008. Fourteen bids were received, with Sunshine Building and Development
Corp. submitting the lowest responsive and responsible bid in the amount of $88,941.95.
The bids were reviewed by CPH Engineers, Inc and the Capital Projects Coordinator.
The total cost of the project with a 10% contingency is $97,836.00.
FUNDING:
Funds were budgeted in the amount of $75,000 in the current fiscal year budget
under line code 3800-65000-30046 (Stormwater Operating Fund). The shortfall of
March 24, 2008 Consent Agenda Item 204 Flamingo Ave Ditch Proj.
$22,836.00 would be transferred from the Sunshine Park Outfall project budgeted at
$30,000 for this fiscal year. The Sunshine Park Outfall project is being re-evaluated for
feasibility and has been removed from the 5-year Stormwater Capital Improvement Plan.
RECOMMENDATION:
It is recommended that approval be granted to enter into a contract with Sunshine
Building and Development in the amount of $88,941.95 plus a ten percent contingency
for a total construction budget of $97,836.00 funded from the Stormwater Operating
Fund 3800.
IMPLEMENTATION SCHEDULE:
Notice of Award: March 25, 2008
Pre-Construction Meeting: March 31, 2008.
Notice to Proceed: April 1, 2008
Project Completion: July 30, 2008
ATTACHMENTS:
1. Bid Compilation and Evaluation
2. CPH Engineer Letter of Recommendation
COMMISSION ACTION:
March 24, 2008 Consent Agenda Item 204 Flamingo Ave Ditch Proj.
March 13, 2008
Mr. Kipton Lockcuff, P.E.
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: City of Winter Springs -Flamingo Ditch Project
Engineer's Bid Review
CPH Project No. W04137
Dear Mr. Lockcuff:
1117 Bast Robinson Sireet
Orlando, Florida 32801
Phone: 407.425.0452
Fax: 407.648.1036
www.ephengineers.eonr
We received copies of the bid packages from the City for all of the bidders on the above referenced
project. Fourteen bids were received for the project. CPH Engineers has. prepared a bid tabulation based
on the pay items contained on the bid sheet and received from all of the bidders. This is attached for your
review and consideration. In order of increasing total bid price, we have ranked the three lowest bidders:
Rank Bidder Total Bid
1 Sunshine Buildin and Develo ment Cor $88,941.95
2 Sta e Door II, Inc. $93,430.00
3 Barracuda Buildin Cor . $99,588.00
From our review of the bid tabulation, it appears that the prices from Sunshine Building and Development
Corporation reflect an understanding of the work required by the plans and specifications. No
mathematical errors were found in their bid and their bid package appears to be in order. There are no
MBENVBE requirements for this project.
We understand the City is familiar with the responsive low bidder, Sunshine Building and Development
Corporation based on previous work this contractor has done for the City. We further understand that the
City has been satisfied with the quality and timeliness of the work the responsive low bidder has done in
the past. Based on City's and CPH's past experience with this contractor, we did not feel that any
reference check is necessary.
Based on our review of the available data (completed bid packages and contractor supplied references),
we offer no objection to the City proceeding with the award of the bid to Sunshine Building and
Development Corporation in the amount of $88,941.95. Please note that we have not reviewed any
financial data as we are not accounting professionals. If such a review is required, we recommend either a
review by your Finance Department or your financial adviser/accountant. The contractor bonds and
insurance as required by the specifications will be reviewed prior to execution of the agreement.
Please contact us if additional information is needed concerning the above.
Sincerely,
CPH~N~INEERS, N~IC.
~`~:
,'
;~F [
Se' `~.' 13uencamino
t%Prajec~ Nflanager `
Cc: Greg Bishop -Winter Springs
J:\W041371DOC\ LETTER\RECOMMENDATION.DOC
Engineers • Suraeyors • A~nchitects (Ar~2G000~26) • Planners • Landscape Archi#ects • Environmental Scientists • Construction Management • Design/Build
Mobilization 1 Demobitization LS
Erosion Protection! SiIYFence LF
Tree Protection LS
Site Layout LS
Earthwork CY
Storm Piping J 48" P.CP LF
FDOT index 232 Type "J" Ditch Bottom inlet EA
Trash Goilector Bor, ~
Sodding SY
Mobilization /Demobilization LS
Erosion Protection/ Srit Fence LF
Tree Protection LS
Site Layout LS
Earthwork CY
Storm Piping t 48" RCP LF
FDOT Index 232 Type "J" Ditch Bottom Inlet EA
Trash Coilec#or Box ~
Sodding SY
Mobilization / pemobilization LS
Erasion Protection/ Silt Fence LF
Tree Protection LS
Site Layout LS
Earthwork CY
Storm Piping t 48" RCP LF
FDOT Index 232 Type "J'' Ditch Bottom Inlet EA
Trash Collector Box EA
Sodding SY
Mobilization /Demobitization LS
Erosion Protection/ Sili Fence LF
Tree Protection LS
Site Layout LS
Earthwork CY
Storm Piping / 48" RCP LF
FDOT Index 232 Type "J" Ditch Bottom Inlet EA
Trash Collector Box EA
Sodding SY
Development Stage Door II, Inc Barricuda Building Corp.
1 $ 8,700.00 $ 8.700.00 $ 9,000.00 $ 9,000.00 $ 7,600A0 $ 7,60Q00
440 $ 2.00 $ 880A0 $ 1.00 $ 440,00 $ 1.85 $ 726.00
1 $ 420.00 $ 420.00 $ SOO,DO $ 500.00 $ 220.00 $ 220,00
1 $ 3,660.00 $ 3,660.00 $ 500.00 $ 500.00 $ 2,520.00 $ 2,520.00
1250 $ 14.90 $ 18,625.00 $ 10.00 $ 12,500.00 $ 15.00 $ i8J50.OD
217 $ 123.35 $ 26,766.95 $ 145.00 $ 31,465A0 $ 181.00 $ 39,277.00
1 $ 9,990:00 $ 9,990.00 $ 8,000,00 $ 8,000.00 $ 12.500:00 $ 12,500,00
Y $ 17,450.00 $ 17,450.00 $ 20,000.00 $ 20.000.00 $ 15,300.00 $ 15,300,00
1225 $ 2.00 $ 2.450.00 $ 9.00 $ 11,025.00 $ 2.20 $ 2,695.00
$ 88,941.95 $ 93,430.00 $ 99.588.00
Crossroads Site Development Schuler Contractors, Inc SI Tek Corp
1
440 $
$ 6,500.00 $ 6;500.00 $ 19,425.00 $ 19,425.00 $ 8,907.75 $ 8
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i71.245A0
. ~
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Utility /Public Works
Department
THIS AGREEMENT MADE THIS c3 ~Zt~ DAY OF r' l- , 2008 between the CITY
OF WINTER SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminde County, State
of Florida, herein referred to as OWNER and Sunshine Building and Devebpment Corporation, State of
Florida, herein referred to as CONTRACTOR, a person duly licensed as a Contractor in the State of Florida, as
fdlows:
DESCRIPTION OF WORK -CONTRACTOR shall perform the work, in accordance with the Contract
Documents for the construction of the Moss Road and Flamingo Avenue Drainage Improvements.
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. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the
Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by
giving precedence in the fdlowing order:
a. Contractor's Bid (Proposal), Agreement, and Addenda
b. Change Orders
c. Special Conditions
d. General Conditions
e. Instructions to Bidders
f. Drawings
g. Advertisement
Any inconsistency in the work description shall be darified by the OWNER and performed by the
CONTRACTOR.
4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors,
ambiguities, or discrepancies be found in the Agreement or specifications, the OWNER at its sole
discretion will interpret the intent of the Agreement and vwrk descriptions and the CONTRACTOR
hereby agrees to abide by the OWNER's interpretation and agrees to carry out the work in accordance
with the decision of the OWNER. When the material, amide, or equipment is designated by a brand
name and more than one brand name is listed, it will be understood that the wnrk is based on one
brand name only. The CONTRACTOR will be responsible for all coordination necessary to
acxommodate the material, amide, or equipment being provided without additional cost to the OWNER.
A substitute material, amide, or equipment is allowed if it is reasonably equivalent to the brand name
specified. The OWNER has full discretion to decide whether a substitute is reasonably equivalent.
CONTRACTOR must notify the OWNER prior to use of the substitute for a specified brand name and
allow the OWNER to make a determination before CONTRACTOR uses the substitute.
• Page 2 Moss Road and Flamingo Avenue Drainage Improvements March 25, 2008
5. CONTRACT TIME -The CONTRACTOR shall begin work within 10 days after the issuance of a
written Notice to Proceed and shall complete the vunrk 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.
6. LIQUIDATED DAMAGES -OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer finandal 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 invdved in proving in a
legal or arbitration preceding 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 5 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.
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 Eighty-Eight Thousand Nine Hundred Forty-One Dollars and Ninety-Five Cents
($88,941.95). Payments will be made to the CONTRACTOR for actual quantities installed on the basis
of the Schedule of Unit Prices inducted as a part of his Bid, which shall be as fully a part of the Contract
as if attached or repeated herein.
8. TERMINATION: DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES -The OWNER reserves
the right to revoke and terminate this Agreement and rescind all rights and privileges associated with
this Agreement, without penalty, in the fdlowing circumstances, each of which shall represent a default
and breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within seven (7) calendar days after written notice
from the OWNER specifying the default complained of, unless, however, the nature of the default
is such that it cannot, in the exerdse of reasonable diligence, be remedied within seven (7)
calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary
to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such
actions as are necessary therefore; or
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors
or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing
the Work hereunder; or
d. CONTRACTOR has committed any act of fraud upon the OWNER; or
e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while
performing its obligations under this Agreement; or
f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial,
adverse impact upon performance of this Agreement without prejudice to any other right, or
remedy OWNER may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the OWNER shall
have the right to exerdse any other remedy the OWNER may have by operation of law, without
limitation, and without any further demand or notice. In the event of such termination, OWNER shall be
liable only for the payment of all unpaid charges, determined in acxcordance with the provisions of this
Agreement, for Work properly performed prior to the effective date of termination
• Page 3 Moss Road and Flamingo Avenue Drainage Improvements March 25, 2008
9. FORCE MAJEURE -Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
explosion; riot; war; sabotage; strikes (except irnolving CONTRACTOR'S labor force); extraordinary
breakdown of or damage to OWNER 's affiliates' generating plants, their equipment, or fadlities; court
injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or
causes beyond the reasonable control of the party affected; provided that prompt notice of such delay
is given by such party to the other and each of the parties hereunto shall be diligent in attempting to
remove such cause or causes. ff any circumstance of Force Majeure remains in effect for sixty days,
either party may terminate this Agreement.
10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed irnalid, against
public pdicy, vdd, or otherwise unenforceable by a court of law, the parties, at the sde discretion and
option of the OWNER, shall negotiate an equitable adjustment in the affected provision of this
Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be
fully enforceable
11. 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 OWNER or OWNER's
Project Manager, 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 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 W inter Springs, Contractor's work is not progressing satisfactorily.
12. FINAL PAYMENT -OWNER shall withhdd up to 10% of the Contrail 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 Cert~cate. 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 daims.
By making payments OWNER does not waive daims inducting 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 daims of liens; or
• Page 4 Moss Road and Flamingo Avenue Drainage Improvemerrts March 25, 2008
d. Failure of Contractor to comply with any special guarantees required by the Contract
Documents.
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT:
DUTIES AND AUTHORITY -The duties and authority of the OWNER are as follows:
a. General Administration of Contract. The primary function of the OWNER is to provide the
general administration of the contract. In performance of these duties, Gregory A. Bishop or his
authorized representative is the OWNER's Project Manager during the entire period of
construction. The OWNER (CITY) may change the Project Manager during the term of this
contract.
b. Inspections. Opinions, and Pnx~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 Manager 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 daim 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 daims and
disputes between Contractor and Owner.
e. Refection and Sboppaae of Work. The OWNER shall have authority to reject work which in
its opinion does not conform to the Contrail 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.
14. PROGRESS MEETING -OWNER'S Project Manager may hdd periodic progress meetings on a
monthly basis, or more frequently if required by the OWNER, during the term of work entered into
under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall
attend such meetings as designated by the OWNER'S Project Manager.
15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the
project herein are as folows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be sdely
responsible for all construction under this contract, inducting 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. Fumishins~ of Labor. Materials, etc. CONTRACTOR shall provide and pay for all labor,
materials and equipment, inducting toils, construction equipment and machinery, utilities, inducting
• Page 5 Moss Road and Flamingo Avenue Drainage Improvements March 25, 2008
water, transportation, and all other fadlities and work 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 ompletion 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 materials for one (1) calendar year
after acceptance by OWNER.
16. ASSIGNMENT -CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any
monies due or to become due hereunder without the prior, written consent of the OWNER.
a. ff upon receiving written approval from OWNER, any part of this Agreement is subcontracted
by CONTRACTOR, CONTRACTOR shall be fully responsible to OWNER for all acts and/or
omissions performed by the subcontractor as if no subcontract had been made.
b. ff OWNER determines that any subcontractor is not performing in accordance with this
Agreement, OWNER shall so notify CONTRACTOR who shall take immediate steps to remedy the
situation.
c. ff CONTRACTOR, prior to the commencement of any Work subcontracts any part of this
Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide
OWNER and its affiliates with insurance overage as set forth by the OWNER.
17. THIRD PARTY RIGHTS -Nothing in this Agreement shall be onstrued to give any rights or benefits to
anyone other than OWNER and CONTRACTOR.
18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or
retained any ompany or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person, ompany, corporation, individual, or firm, other than a bona fide employee working solely for
the CONTRACTOR, any fee, commission, percentage, gift, or other onsideration ontingent upon or
resulting from the award or making of this Agreement.
19. NO JOINT VENTURE -Nothing herein shall be deemed to create a joint venture or prindpal-agent
relationship between the parties and neither party is authorized to, nor shall either party ad toward third
persons or the public in any manner which would indicate any such relationship with the other party.
20. INDEMNIFICATION -For all Work performed pursuant to this Agreement, the CONTRACTOR agrees
to the fullest extent permitted by law, to indemnify and hold harmless the OWNER and its
ommissioners, employees, officers, and OWNER attorneys (individually and in their offidal capadty)
from and against all daims, losses, damages, personal injuries (induding but not limited to death), or
liability (induding reasonable attorney's fees through any and all administrative, trial and appellate
proceedings), directly or indirectly arising from:
a. Any default under this Agreement by CONTRACTOR;
b. Any negligent act, omission or operation of work related to all Work performed under this
Agreement by CONTRACTOR, and its employees, prindpals, agents, independent ontractors,
and onsultants.
• Page 6 Moss Road and Flamingo Avenue Drainage Improvements March 25, 2008
c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from
CONTRACTOR's and its employees, partners, contractors, and agents on the performance of the
Work being performed under this Agreement;
d. CONTRACTOR's, and its employees, partners, contractors, and agents failure to comply with
the provisions of any federal, state, or local laws, ordinance, or regulations applicable to
CONTRACTOR's and its employees, partners, contractors, and agents performance under this
Agreement;
e. Any fraud and misrepresentation conducted by CONTRACTOR and its employees, partners,
contractors, and agents on the OWNER under this Agreement.
The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or
to provide for such defense, at the option of the OWNER, as the case may be, of any and all daims of
liability and all suits and actions of every name and description that may be brought against the
OWNER or its commissioners, employees, officers, and City Attorney which may result from any
negligent act, omission or operation of work related to the Work under this Agreement whether the
Work be performed by the CONTRACTOR, or anyone directly or indirectly employed by them. In all
events the OWNER and its commissioners, employees, officers, and City Attorney shall be permitted to
choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and
inducted with this indemnification provided herein.
21. SAFETY -CONTRACTOR shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its prindpals, employees, contractors, and agents while performing work
provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR -CONTRACTOR hereby represents and
warrants to the OWNER the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to cant' on the
functions and operations set forth in this Agreement.
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to
enter into and perform the obligations set forth in this Agreement and all applicable exhibits
thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly
authorized by the board of directors and/or president of CONTRACTOR. In support of said
representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate certificate
of good standing provided by the State of Florida prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work
stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to
provide a copy of all said licenses to the OWNER prior to the execution of this Agreement.
23. BOND -CONTRACTOR shall supply a materials, performance and payment bond(s) in acxordance
with Florida law and to the satisfaction of OWNER, in an amount specified in the Contract Documents.
24. INSURANCE -During the term of this Agreement, CONTRACTOR shall be responsible for providing
the types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum
amount of $2,000,000 as the combined single limit for each occurrence to protect the
CONTRACTOR from daims of properly damages which may arise from any Work perforrned
under this Agreement whether such Work are performed by the CONTRACTOR or by anyone
directly employed by or contracting with the CONTRACTOR.
• Page 7 Moss Road and Flamingo Avenue Drainage Improvements March 25, 2008
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the
minimum amount of $2,000,000 combined single limit bodily injury and minimum $2,000,000
property damage as the combined single limit for each occurrence to protect the CONTRACTOR
from daims for damages for bodily injury, induding wrongful death, as well as from daims from
property damage, which may arise from the ownership, use, or maintenance of owned and non-
owned automobiles, induding rented automobiles whether such operations be by the
CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR.
c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's Liability
Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the
OWNER pursuant to this Agreement.
Special Requirements. Current, valid insurance polides meeting the requirements herein ident~ed
shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall
be provided to the OWNER by CONTRACTOR upon the Effective Date of this Contract which satisfied
the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the OWNER 30
days prior to any expiration date. There shall also be a 30~ay advance written notification to the
OWNER in the event of cancellation or modification of any stipulated insurance coverage. The
OWNER shall be an additional named insured on all stipulated insurance policies as its interest
may appear, from time do time.
Independent Associates and Consultants. All independent contractors or agents employed by
CONTRACTOR to perforrn any Work hereunder shall fully comply with the insurance provisions
contained in these paragraphs for sections 21 and 24.
25. MEDIATION/VENUE -The parties agree that should any dispute arise between them regarding the
terms or performance of this Agreement, both parties will partidpate 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
Seminoe County, Florida.
26. GOVERNING LAW 8~ VENUE -This Agreement is made and shall be interpreted, construed,
governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action
or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be
Orlando, Florida.
27. ATTORNEY'S FEES -Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent perrnitted by law, to recover from the
non-prevailing party the costs and expenses of such action induding, but not limited to, reasonable
attorney's fees, whether at settlement, trial or on appeal.
28. 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.
29. WORK IS A PRIVATE UNDERTAKING -With regard to any and all Work performed hereunder, it is
specifically understood and agreed to by and between the parties hereto that the contractual
relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an
independent contractor and not an agent of the OWNER. The CONTRACTOR, its contractors,
partners, agents, and their employees are independent contractors and not employees of the OWNER.
Nothing in this Agreement shall be interpreted to establish any relationship other than that of an
independent contractor, between the OWNER, on one hand, and the CONTRACTOR, its contractors,
partners, employees, or agents, during or after the performance of the Work under this Agreement.
30. DOCUMENTS -Public Records: It is hereby specifically agreed that any record, document,
computerised inforrnation and program, audio or video tape, photograph, or other writing of the
• Page 8 Moss Road and Flamingo Avenue Drainage Improvements March 25, 2008
CONTRACTOR and its independent contractors and associates related, directly or indirectly, to this
Agreement, may be deemed to be a Public Record whether in the possession or control of the
OWNER or the CONTRACTOR. Said record, document, computerized information and program, audio
or video tape, photograph, or other writing of the CONTRACTOR is subject to the provisions of Chapter
119, Florida Statutes, and may not be destroyed without the specific written approval of the OWNER's
City Manager. Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said
public records to the OWNER. All books, cards, registers, receipts, documents, and other papers in
connection with this Agreement shall at any and all reasonable times during the normal working hours
of the CONTRACTOR be open and freely exhibited to the OWNER for the purpose of examination
and/or audit.
The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to
the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by
CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with
the Florida Public Records Law.
31. SOVEREIGN IMMUNITY -Nothing contained in this Agreement shall be construed as a waiver of the
OWNER's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations
imposed on the OWNER's potential liability under state or federal law.
32. HEADINGS -Paragraph headings are for the cornenience of the parties only and are not to be
construed as part of this Agreement.
33. INTEGRATION; MODIFICATION -The drafting, execution, and delivery of this Agreement by the
Parties has been induced by no representations, statements, warranties, or agreements other than
those expressed herein. This Agreement embodies the entire understanding of the parties, and there
are no further or other agreements or understandings, written or oral, in effect between the parties
relating to the subject matter hereof unless expressly referred to herein. Modifications of this
Agreement shall only be made in writing signed by both parties.
34. WAIVER AND ELECTION OF REMEDIES -Waiver by either party of any terms, or provision of this
Agreement shall not be considered a waiver of that term, condition, or provision in the future. No
waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in
writing and signed by a duly authorized representative of each party hereto. This Agreement may be
executed in any number of counterparts, each of which when so executed and delivered shall be
considered an original agreement; but such counterparts shall together constitute but one and the
same instrument.
35. DRAFTING -OWNER and CONTRACTOR each represent that they have both shared equally in
drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this
Agreement in the event of a dispute between the parties.
36. NOTICE -Any notices required to be given by the terms of this Agreement shall be delivered by hand
or mailed, postage prepaid to:
For CONTRACTOR:
• Page 9 Moss Road and Flamingo Avenue Drainage Improvements March 25, 2008
For OWNER:
Ciry of Winter Springs
Capitd Projects Coordinator, Public Works Department
1126 East State Road 434
Winter Springs, FL 32708
Either party may change the notice address by providing the other party written notice of the change.
• Page 10 Moss Road and Flamingo Avenue Drainage Improvements March 25, 2008
Signed, Sealed and Delivered in the presence of:
~~~
CONTRACTOR:
Awardee. -,
i/P.0. Box 180958
Business Address
Casselberry, FL 32718-0958
City, State Zip
Date March 31, 2008
.;
OWNER:
CITY OF WIPtTF:h_SPRIf`:1C-,iS
.-
By: Ronald W..4~AcLewore
City Manag'r
1126 East State R~_ d 434.
Winter Springs, FL. 317L~t
407-327-1800
Public Works /Utilities
Department
Inter Office Transmittal
To: City Clerk From: Greg Bishop, Capital Projects Coordinator
Department: City Clerk Date: 4/3/2008
Re: Sunshine Builders Contract
^ As Requested ®Attached ®For Your Use ^ Approved as Submitted
^ Approved as Noted ^ Returned as Noted ^ Sign and Return ^ Return Copies
Copies Description
1 ~ Contract Agreement with Sunshine Builders
• Comments:
This agreement was approved March 24, 2008, under Consent Agenda Item 204'