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HomeMy WebLinkAbout2002 06 24 Consent A Air Diffuser System . . . COMMISSION AGENDA ITEM A CONSENT X INFORMATIONAL PUBUC HEARING REGULAR June 24,2002 Meeting MGR V'~EPT Iff Authorizati on REQUEST: Utility Department Requesting Approval to enter into a contract to DesignlBuild an air diffuser system for the East Water Reclamation Facility Sludge Digester. PURPOSE: The purpose of this Board item is to request authorization to enter into a contractual agreement with Cloud 9 Construction to design and build a new air diffuser system at a cost of $59,201.00 plus contingency. CONSIDERA TIONS: This project is needed to correct deficiencies in the existing air diffuser system for the final sludge digester at the East Water Reclamation Facility. This project was advertised as a request for proposals for designlbuild services. Sealed proposals wereppened on May 22,2002 under RFP No. ITB 014-02/KL There were two (2) bids received. The low bidder was Cloud 9 Construction at $59,201.00 followed by General Physics Cooperation at $113,900. The Cloud 9 submittal meets the requirements delineated in the RFP. The City Clerks summary is attached. The scope of work includes replacement of the existing air diffuser system piping and headers and addition of a catwalk on the sludge digester. The completion of this project will eliminate the need to frequently drain and clean the clogged diffusers and enhance the safety of the operators by using the catwalk. . . . Consent Agenda Item A June 24, 2002 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. The amount budget for this project is $65,000.00. RECOMMENDA TION: It is recommended that authorization be given to enter into a contractual agreement with Cloud 9 Construction to design and build a air header system for the East Water Reclamation Facility final digester in the amount of $59,201.00 plus 10% contingency payable from line code 3600-56310. IMPLEMENT A TION SCHEDULE: The scope of work will be completed within 90 days of approval. A TT ACHMENTS: 1. Agreement Form 2. City Clerk Summary RFP No. ITB 014-02/KL COMMISSION ACTION: . . . A TT ACHMENT NO. 1 FORM OF AGREEMENT THIS AGREEMENT made this day of June , 2002 between the CITY OF WINTER SPRINGS of 1126 East State Road 434, Winter Springs, Florida , 32708, Seminole County, State of Florida, herein referred to as OWNER and Cloud 9 Construction , State of Florida, herein referred to as the Design/Build Contractor, a person duly licensed in the State of Florida, as follows: 1. DESCRIPTION OF WORK - COORDINATOR shall perform the work, in accordance with the Contract Documents of the Design/Build Air Diffuser System, East Water Reclamation Facility. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions and Sections contained in the Project Manual; all Addenda issued prior to and all Change Orders issued after execution of this Agreement. These form the Contract and are incorporated into this Contract by this reference. 3. EXECUTION TIME - The COORDINATOR shall begin work within 1Q days after the issuance of a written Notice to proceed and the contract shall be for a period of 90 days from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 4. LIQUIDATED DAMAGES - NOT USED 5. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the DESIGN/BUILD AIR DIFFUSER SYSTEM, EAST .WATER RECLAMATION FACILITY CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Fiftv Nine Thousand Two Hundred and One Dollars ($ 59.201.00). 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; (B) 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 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. Furnlshlna 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. MEDIATIONNENUE - 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: CONTRACTOR Name Address and Telephone . Date OWNER: CITY OF WINTER SPRINGS By: Ronald W. McLemore City Manager 1126 East State Road 434 Winter Springs, FL. 32708 407 -327 -1800 . . . ATTACHMENT No.2 REQUEST FOR PROPOSAL NUMBER: RFP-014-02/KL DESIGNIBUILD AIR DIFFUSER SYSTEM, EAST WATER RECLAMATION FACILITY RFP CLOSING: MA Y22, 2002 RFP Closing Was Called By: Nancy Vobornik, Purchasing Coordinator RFP Opened: 3:04 p.m. RFP Closed: 3:05 p.m. Witnesses: George Edwards, Capital Projects Coordinator, Public Works Department Doug Taylor, Superintendent, Utility Department Debbie Gillespie, Deputy City gerk Two (2) RFP'S Received: 1. GENERAL PHYSICS CORPORATION AGENT: ZACHARY QUANDT, DIRECTOR, 5095 SOUTH WASHINGTON AVENUE, SUITE 201, TITUSVILLE, FLORIDA 32780 TELEPHONE: (321) 267-5253 2. CLOUD 9 CONSTRUCTION AGENT: RICK FENDER, PRESIDENT, 500 29TH STREET, ORLANDO, FLORIDA 32805 TELEPHONE: (407) 481-2750 FACIMILIE: (407) 841-7442 Holly Pierstorff, Assistant To The City Clerk City of Winter Springs Copy: Mr. Kip Lockcuff, Director, Public Works Department Ms. Nancy Vobomik, Purchasing Department Docs\ Word\BIDS\RESULTS\FyO 1 02\RFP-O 14-02 KL.doc ...;0/1 " ! ) >C/ C / t:f: :-::: '---' , ( AGREEMENT THIS AGREEMENT made this I ( I:i day of lu~ ' 2002 between the CITY OF WINTER SPRINGS of 1126 East State Road 432r. WI er Springs, Florida 32708, Seminole County, State of Florida, herein referred to as OWNER and CLOUD 9 CONSTRUCTION of 500 29th Streed Orlando, FI 32805, 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 perfonn the work, in accordance with the Contract Documents of the DesignlBuild Air Diffuser System, West Water Reclamation Facility. 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 fonn 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 DESIGNJBUILD AIR DIFFUSER SYSTEM, WEST WATER RECLAMATION FACILITY CONTRACTOR in current funds for the perfonnance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Fifty Nine Thousand Two Hundred One Dollars ($59.201), 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 COORDINATOR. Progress payments may be withheld if: (A) Coordinator does not file reports with OWner in a timely manner; (B) Owner is damaged by an act for which Coordinator is responsible; (C) Claims or liens are filed on the job; or (D) I n the opinion of the City of Winter Springs, Coordinator's work is not being perfonned 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 ofthe City is to provide the general administration of the contract. In perfonnance 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 tenn 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 Coordinator and shall make periodiC visits to the work sites. The OWNER will not be responsible for the Coordinator's failure to perfonn the work in accordance with the Contract Documents. c. Intemretation 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 Coordinator and Owner. d. Payment Certificates. The OWNER will detennine the amounts owing to COORDINATOR as the work progresses, based on COORDINATOR'S applications and OWNER's inspections and observations. 9. RESPONSIBlUnES OF CONTRACTOR - CONTRACTOR'S duties and rights in connection with the project herein are as follows: a. Responsibility for Des/an 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 Emplovment. 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 perfonn the job for which he was employed. c. Fumishina 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 facilitJes 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 Ucenses and Pennits. CONTRACTOR shall secure all licenses and pennits 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 nONNENUE - The parties agree that should any dispute arise between them regarding the tenns or perfonnance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fall 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, it .. .' r ( ! .(, Signed, Sealed and Delivered in the presence of: --7214'4i/l( LLt~ Name 4526 eXit ~111r.J#/CXo cxl,PiB299I Address and Telephone Date 407- 3!35~817 7/G/~ ~ \ ' , OWNER:" " , ~ '. ., . j CrrrQF'W1Nrk~) SPRI~GS .." ~:'~,~' I ~ t . .r ' ff " _' ~,.- , . ' } BYlr RW\al~ #.~\-em~re" ' : ' t, i' '. " ," \., C~Y('Manager' ': . I, \) . (. 1126 East' St~t,~J~,oad 434 Winter Springs, FL. 32708 407-327-1800