Loading...
HomeMy WebLinkAbout2003 04 14 Consent F Central Winds Park Expansion COMMISSION AGENDA ITEM- F CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR 04/14/03 Meeting MGR. ~ /DEPT e-G Authorization REQUEST: The Parks and Recreation Department is requesting the City Commission to award the bid for the Central Winds Park Expansion as per Bid #ITB 008-03CP to the lowest and best bidder Bimini Grassing, Inc, and to provide the City Manager the authority to enter into a contract with Bimini Grassing and to provide a notice to proceed to construction. PURPOSE: The purpose of this item is to gain Commission approval necessary to proceed to construction with the Central Winds Park Expansion. CONSIDERATION: . On September 9,2002, the City Commission was informed ofthe status of Phase I, the side plan, schedule and budget. . On January 29, 2003, 8 bids were received by the bid closing as follows: CONTRACfOR BASE BID BLMINI GRASSING, INC $332.500.00 CENTRAL FLORIDA ENVIRONMENTAL CORPORATION $462.290.00 CATHCART CONTRACfING COMPANY $479.552.89 CEM ENTERPRISES. INC $497.295.00 C.J. LANGERFELDER & SON, INC $585. I 58.00 PHILLIPS & JORDAN. INC $706,830.58 WOLF CREEK LAND DEVELOPMENT, INC $743,090.00 SUNSHINE BUILDING AND DEVELOPMENT CORPORATION $772,949.00 . CPR, Parks and Recreation and Public Works Staff recommends this award to Bimini Grassing Inc for the base bid in the amount of $332,500.00. . The bid includes clearing, grubbing, grading, piping, and sodding of retention ponds. Consent Agenda Item F April 14, 2003 Page 2 EXEPENSES Base Bid 15% Contingency Construction Admin. TOTAL REVENUES $332,500.00 $49,800.00 $5.000.00 $387,300.00 Central Winds Park Exp. Bond Funds, $191,347.00 FRDAP Grant # 4 $195,953.00 TOTAL $387,300.00 . Construction administration will be a coordinated effort with CPR, Public Works, Capital Project Coordinator, City Engineer/Stormwater and the Parks and Recreation Staff. . Staff will bring to the Commission next month the remaining sodding of the fields, irrigation, clay and portable backstops to be funded by the L WCF Grant and FRDAP Grant #5. FUNDING: The funding sources for this project will be $191,347.00 from the Central Winds Park Exp. Bond Funds, and $195,953.00 from the FRDAP Grant #4. RECOMMENDATION: Parks and Recreation recommends that the City Commission authorize the City Manager to enter into a contract with Bimini Grassing, Inc. for $332,500.00 plus 15% contingency payable from Central Winds Park Exp. Bond Funds and FRDAP Grant #4 Funds. IMPLEMENTATION SCHEDULE: April 16, 2003 May 5, 2003 August 2003 ATTACHMENTS: Attachment#l Attachment#2 Attachment#3 Attachment#4 Execute Contract. Anticipate construction to begin. Completion Date. Bid Award Opinion Letter. Bid ITB008-03 CP Summary Agreement Form Central Winds Park Expansion Plan COMMISSION ACTION: ATTACHMENT #1 April 1, 2003 CPH Engineers, Inc. 1117 E. Robinson St., Suite C Orlando, FL 32801 Phone: (407) 425-0452 Fax: (407) 648-1036 www.cphengineers.com City of Winter Springs 1126 E. SR 434 Winter Springs, FL 32708 Attn: Mr. Chuck Pula, Parks and Recreation Director Re: Central Winds Park Addition - Clearing and Grading Project Engineer's Bid Review CPH Project No. W04114 Dear Mr. Pula: After the bid opening, we were provided with copies of the bid packages from the City for all of the bidders on the above referenced project. Eight bids were received. CPH Engineers has prepared a bid tabulation based on the pay items contained on the bid sheet and bid prices 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 Bimini Grassing $332,500.00 2 Central Florida Environmental $462,290.00 3 Cathcart $479,552.89 The Engineer's Opinion of Probable Construction Cost was $267,383. .As part of the preparation of the bid tabulation, we have performed a mathematical review of all the bids and no mathematical errors were found in the bids. From our review of the bid tabulation, it appears that the prices from Bimini Grassing reflect an understanding of the work required by the plans and specifications. They have verified in writing that all four addenda were received and have been considered in their bid. Their bid package appears to be in order and all required information was provided. The contractor provided a list of references for similar projects. A telephone review/check of their listed references indicates that the work performed in the field was of good quality and was in accordance with the specifications. The company received high marks from the City of Deltona and has apparently worked for them over the last 5 years. Based on our review of the available data (bid package, reference list and bid bond), we have no objection to the City proceeding with the award of the bid to Bimini Grassing, Inc. in the amount of $332,500.00. Please note that we have not reviewed any financial data other than bonding capability as we are not accounting professionals. The bonds and insurance as SANFORD . ORLANDO . DELAND . PALM CITY . CAPE CORAL . JACKSONVILLE @[g2[lQ required by the specifications will be reviewed prior to execution of the agreement between the two parties. Please contact us if additional information is needed concerning the above. Sincerely, CPH ENGINEERS, INC. ~'----M~ Terry M. Zaudtke, P.E., DEE Chief Operating Officer ~ ATTACHMENT #2 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407) 327-1800 Fax: (407) 327-4753 Website: www.wintersprlngsft.org BID NUMBER: ITB-00S-03/CP CENTRAL WINDS PARK EXPANSION CLEARING AND GRUBBING BID CLOSING: JANUARY 29, 2003 Bid Closing Was Called By: Nancy Vobornik, Purchasing Coordinator Bid Opened: Bid Closed: 3:01 p.m. 3:09 p.m. Witnesses: Mr. Chuck Pula, Parks and Recreation Department, Director Mr. Don James, Parks and Recreation Department, Parks Superintendent Holly Pierstorff, Assistant to the City Clerk Eight (8) Bids Received: 1. CENTRAL FLORIDA ENVIRONMENTAL CORPORATION AGENT: DAVID E. ST ALOWY, PRESIDENT ADDRESS: 740 FLORIDA CENTRAL P ARKW A Y, LONGWOOD, FLORIDA 32750 TELEPHONE: (407) 834-6115 FACSIMllJE: (407) 834-6391 BID AMOUNT: $462,290.00 2. PHILLIPS & JORDAN, INC. AGENT: STANLEY L. CROY, VICE PRESIDENT ADDRESS: POST OFFICE BOX 2295, ZEPHYRHll.LS, FLORIDA 33539 TELEPHONE: (813) 783-1132 FACSIMILIE: (813) 783-3140 BID AMOUNT: $706,830.58 3. C. J. LANGENFELDER & SON, INC. AGENT: DALE TRESSLER, VICE PRESIDENT ADDRESS: 8427 PULASKI HIGHWAY, BALTIMORE, MARYLAND 21237 TELEPHONE: (410) 682-2000 FACSIMILE: (410) 391-4367 BID AMOUNT: $585,158.00 4. BIMINI GRASSING, INC. AGENT: CLINTON BAYLOR, PRESIDENT ADDRESS: 2445 COUNTY ROAD 2006, BUNNELL, FLORIDA 32110 TELEPHONE: (386) 437-2918 FACSIMLE: (386) 437-2756 BID AMOUNT: $332,500.00 S. WOLF CREEK LAND DEVELOPMENT, INC. AGENT: JEFFERY J. CARPENTER, PRESIDENT ADDRESS: 1700 13m STREET, SUITE # I, ST. CLOUD, FLORIDA 32769 TELEPHONE: (407) 957-2000 FACSIMLE: (407) 957-2292 BID AMOUNT: $743,090.00 . BID NUMBER: ITB-008-03 cP BID CLOSING DATE: JANUARY 29, 2003 PAGE20F2 6. CA THCART CONTRACTING COMPANY AGENT: JOHN CATHCART, PRESIDENT ADDRESS: 1757 WEST BROADWAY STREET # 3, OVIEDO, FLORIDA 32765 TELEPHONE: (407) 366-1022 FACSIMLE: (407) 977-8349 BID AMOUNT: $479,552.89 . 7. SUNSHINE BUILDING AND DEVELOPMENT CORPORATION AGENT: JOHN T. BUSH, PRESIDENT ADDRESS: POST OFFICE BOX 180958, CASSELBERRY, FLORIDA 32718-0958 TELEPHONE: (407) 339-6721 FACSIMLE: (407) 331-7542 BID AMOUNT: $772,949.00 8. CEM ENTERPRISES, INC. AGENT: CHARLES MEEKS, PRESIDENT ADDRESS: 1757 BENBOW COURT, APOPKA, FLORIDA 32703 TELEPHONE: (407) 884-9148 FACSIMLE: (407) 884-2972 BID AMOUNT: $497,295.00 Holly . lerstorff, Assista City of Winter Springs Copy: Mr. Chuck Pula, Parks and Recreation Department, Director Ms. Nancy Vobornik, Purchasing Department City Clerk\Docs\Word\BIDS\RESULTS\Fy0203\ITB-008-03 CP.doc ATTACHMENT #3 AGREEMENT FORM 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 , State of 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, for CENTRAL WINDS PARK - CONTRACT A - CLEARING AND GRUBBING, at City of Winter Springs, City Hall, 1126 East S. R. 434, Winter Springs, FL. 32708. 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 10 days after the issuance of a written Notice to Proceed and shall complete the work 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. 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 recognize 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 $500.00 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 ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE. UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Three Hundred Thirty Two Thousand Five Hundred Dollars and zero Cents ($ 332.500.00). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 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 the City or their authorized representative, 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 Winter Springs, Contractor's work is not progressing satisfactorily. 7. FINAL PAYMENT - OWNER shall withhold up to 10% of the Contract 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 Certificate. 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 claims. By making payments OWNER does not waive claims including but not limited to those relating to: (A) Faulty work appearing after substantial completion has been granted; (8) 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. 8. DESIGNATION OF PROJECT DIRECTOR OR ARCHITECT 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 Charles Pula or his authorized representative, Donald James, 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. Opinions. and Proaress 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 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. 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 Stoppaae 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 CONTRACTOR - 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. 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 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 therefore. 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. 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 terms or performance of this Agreement, both parties will participate in a 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: Bimini Grassing, Inc Name: Clinton Baylor 2445 County Roadd 2006 Bunnell, FL 32110 (386)437-2918 Address and Telephone Date ~~ P~., OWNER: CITY OF WINTER SPRINGS td4d4f1/~ By: Ro~lcrw. McLemore City Manager "3 CA rn c..e.. ?c. nO. c\. I -n 11 1126 East State Road 434 Winter Springs, FL 32708 407 -327 -1800 en CV> -- ( I I , 1 I 1 I I I , I I t \ , -- \ " \ , C> = en a::: LU LU = f I I { I t I I f I I I I ( I I I I I I I \ \ I \ \ \ \ -\ \ \ \ 1 I I j CJ = LU 1 \ \ = CL l ::::;;: CL r-- -- <:v:> I CV> <= <= "" CV> C>. <C - .-. CENTRAL WINDS PARK EXPANSION CRY OF WINTER SPJUNCJS WIIt7'&R IIPRlNQlII9l1M1NOLeTFWRfllA I 1 , f J I I / / I I f , , I r I I I r r I I I I I I I I I ~ \ I t \ \ \ \ ~ ~ I ( I I I I I I l 2; ~ ~~ , . ;l~=;:;:- .' lIIaI:Ir" M,.'t.........-.I ..,...... i.~~.___1--=___1C'_1.. ..........~...~-...I-- --....--- .._.........RL'II...~~..I'IM. .....................l1li-'*- ---..0........ ..~I;nu.........-'I'I.,P.....~ ClIIIIICD8""'-...._~., ____~.._..lllfl~ -.~""".._I_. TYPIOAL UIfOI!RDRAIN DIiTAlL .- 1L=-'- 4.g~ TYPIS .11 aIL T P&Nell JIIIIl __KlftI. '" ..,.,..,~...........C"_.....,.I.._ ...--.__........_.......IfIOIIlC... --.-...... ........ ..................'lIO-............,.,...... ==:I:-~:~c::=:.:., OI....r~...~.....~ 1Io...............,.,__~__...... D1'a_~~_ ........m_ ""....__a___...... nJLl&ftraDllac """_1l'4. IIIWl .....-- -.- ,.....,.~ --~--- -..... ,,--, I"_ICJN~ 1 0> '-- -.. c-a ;.t z; :il ~ / 1: :.> / c( ;.t / ~ Ce- / / / om> ,om 0-. IXII1 ll1l'll2 Ie*: N.r... c_ KTtI 1lKl2 D.-: -.200:2 TWZ lD1Q2 JaIl Nil. _'1.4 c.....,...,___ Ao:~DlIIQ / I ! I i I I I i / / I I / i I \ I i .~ \ \ \ i \ i \ \ "' \ \ \ -. I / , I I I ! I I I I I _~_ \ I \ \ \ \ \ \ I I / .01 R/W.I CENTRAL WINDS PARK EXPANSION CITY OF WINTER SPRINGS WINTER SPRlNGSlSEMINOLElFLORIDA ~ 2: . :ii~~.. :~~:::.: :~ .". ", r.-_...___~ :!!.....:.:.. 1..I't~Luo;I..OIU.N-..cI ~...... ..."l:..OOU...... :;:.'~~=..u "'~€:D ~"""'-' I. _~-.cIT............lUl_t.ca.r.IISf_""'1tVTfO.VT -.- 1 ~_Tt:I__.......aoo.-_TO"'''''~~''' l>>I,/I'I'_TO..m.IIClI~'" '- _1IOO<""_'l'DlVI''''P_'~\''r_oo<ua-o. .. ....MLAn:..-....~_..__~ ~I.._...no_ . o.v-Sl:LK'T_'Ln:._.'..._t.CUO'DI'I~"'fTVI CDIl7I'ICCIll'~"'OiIooIT'o'Of...tG"'~"""U.""'I:IIOTfrnoll; __OfUfO.....~~..~ ---..._In...._...oLC- TYPICAL UNDERDRAlN DETAIL ---\ ~~~.:...-= ~:~~..- -tt::-===~ -= "~=Eg~;~~~ ~_1Jft_T~fOlO.""'.Ct..I.Tcu.p. ~N_"1'.o.q !n",!""r.Fr-NI'I1'1"~ t.~~=:.=~=~oo r.........-uIK_'~'DIOIl'QMI'........'....lO.~ O#~-xx""O-.....:...TIltHfC\lllE.U_~ :;=-r~".:otD~..:-..:::::::""lUAl'OO l"'N.IllfOf~_'oCCcwrft,O(;tOOt-.l._"""..xa 0#1>IIl~.-n,"__~_"""-,, ftA.....IIl1I.U>""..KlO- .......~al_trtJOOI_...._........... "'T.otUIlO'l:.Dl'T"'__CIO..cn~ """"" ::=.:;:- ---..- --- ;;;- ",",ro.~ :,Sd.) C-3 ATTACHMENT #3 AGREEMENT FORM 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 , State of 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, for CENTRAL WINDS PARK - CONTRACT A - CLEARING AND GRUBBING, at City of Winter Springs, City Hall, 1126 East S.R. 434, Winter Springs, FL. 32708. 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 1Q days after the issuance of a written Notice to Proceed and shall complete the work 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. 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 recognize 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 $500.00 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 ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE. UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Three Hundred Thirty Two Thousand Five Hundred Dollars and zero Cents ($ 332,500.00). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 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 the City or their authorized representative, 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 Winter Springs, Contractor's work is not progressing satisfactorily. 7. FINAL PAYMENT - OWNER shall withhold up to 10% of the Contract 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 Certificate. 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 claims. By making payments OWNER does not waive claims including 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 claims of liens; or (D) Failure of Contractor to comply with any special guarantees required by the Contract Documents. 8. DESIGNATION OF PROJECT DIRECTOR OR ARCHITECT 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 Charles Pula or his authorized representative, Donald James, 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. Opinions. and Proaress 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 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. 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 Stoppaae 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 CONTRACTOR - 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. FurnlshinQ of Labor. Materials. etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilitie,s, 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 therefore. 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. 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 terms or performance of this Agreement, both parties will participate in a 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: Bimini Grassing, Inc Name: Clinton Baylor 2445 County Roadd 2006 Bunnell, Fl 32110 (386)437-2918 Address and Telephone Date ~(h,,~ ,,' Pr;J~:c ~'C""'I'c...L ?o. \ \~ c\ ''^O OWNEB: CITY QF WINTER SPRINGS .~~dN~~~ By: Ronald W. Mclemore City Manager 1126 East State Road 434 Winter Springs, Fl 32708 407 -327 -1800 en C'? -- C> = en 0:::: L-LJ L-LJ = <..:} = L-LJ = CL I :::;;: CL r-- -- C'? I C'? => => c---J C'? - - ---"11'-- - ~ - -- ,- - , C>. -<C ( J J I 1 I 1 I I I I I f I \ / " \ \ \ , \ .. ~ \ \ \ \ I I I I I I I I I I I I I ( l 1 F I l I I ~ , I \ \ \ \ -\ \ \ \ 1 I I I I I 1 f I J If, I I I t I 1 r I , I I r l I I I l I III \ \ I \ \ '\ \ \ I I I I [ 1 ' I I I I CENTRAL WINDS PARK EXPANSION crry OF WIN"fER lIPRlKOS WIIlrl"GR apRJNQlII9lM1NQU!JI'UlRlDA l 2; I ~~ ~~~~ .....- 'l. ===---,,-....s.~....-.. ....... ........................~.._-- 0dI....--.____ .._.......~'IftIIII....... ...................,,--- ~....I.. ... <&OMIIlo1llDU...............P.U"M--.aat ==-~====::. ......... .................uc. 'tYI'1CAI.. UNDIIRDRAfN DDTAlL ~.. ....... .- lE........... 4 "0-=~ '"'"!lID 81L T PIlNell JIIIIl ,~..........-.a,.~~_ .-................-.u~......( .----....-~~- I...........~nauu._~_ =:'==:-"~~.':'J:'JIllIIIII .......n_ 1In>~1aY. " .rf1....-......u.'..IIl:IIW,....-JIII:...... ---._~..........ca.-.ac.. --- &.1lU.-..-..."".......-........._ ===~~~~ .....r_..____ :L 1IIhWII----....,~_..._...... .....I~--.J. A..--Ao~___ -- .... ....--.:11---........ .........ta...........____ IIIIIIl ~.. "f__~___ ......... ,,--~ ,----~ , a "-' -... c-a ~ 2; I I ~ I I i I 8 / I I I f r: f :.> I f f f ~ I f f . I . ~ I I I ~ / \ I I / ~_. / .... \ \ \ / \ \ \ \ ~ ~ ;;,; ~ :i~- --. .~t:;:.: -: r______ ;{f....) R.'IP_...u.__ ....na'_,....,._ w_ :"'~ 1lIIII_1lIIII--=:I~ -~ ,.~-.-.:n~_O'O.T.CO'O-'_1lI0G"lO'1IT l-...-;_lKlJ_......__'D_'_._ ...._.-.-~-. .. __-.!__~...lZ1I~~ClII_ ...~........~-~ ---- .. 4&.ooI-..:r_........_.'.....'.Q..n'IlIIII__nso CI:lUfCClG.._ClJ_....C>o....AOD~ __"UlO..~~..--.z -__CI)...._.."'" TYPICAL UNDERDRAlN DETAIL ---\ --- ~c.wrTP"_-" ~.~_.- ~~ .~=- . .....- ~ ..~----..._~--- _ClCIIO'Il'Q.OO__..."",,,--,,, ..__af_Irl'f~_IOClMl'lI:I_ "-TIlIIII~"CI.QCD._"lOOc.-_ _JIlOl..._T>II~~.."""r~ Ofn-.m1:__TIlIIII_"~ ~".~.~ \ \ I , !I::lT'III~IC~!'t' ....'_~__M.____l.Mf8.. ~-.~-..~....-- ~M_~_ l-M.l-"_lO~ru.____ ClJ.....IIX'If'UO_-n::IlICJVllln.uc~ CllIOO'IOOLI..DC.tIiII&lIlITO~__OI'I~TOo ..,...r__~_ru.IIIlI ....._..~_'..__..-u._....MXI :...':..~==----- "'=~~=::n-=-_. - "FR;tt~eJR:r~rrrm ~ ''L~ E CHARM - _:::8 - It"':S' A VEN -..- ------ o-Q.&/lM:U1' ,,-, I1IItDJO.~,O\ ,_",,I. _"'Cl:rTIl[GJUT~ ""- ---.. - """"' - :: ~:::..... MU. ICTtl 1l:lC2 0IlI0<: .....200:1 TWZ 10102......... WOllIN ~.,_....._ Ae:1n'ErI.NIDMI CENTRAL WINDS PARK EXPANSION CITY OF WINTER SPRINGS WINTER SPRlNGSlSEMINOLElFLORlDA -... C-3