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Home My WebLink About2014 10 27 Consent 300 Northern Way Bridge RepairCOMMISSION AGENDA ITEM 300 REQUEST: Informational Consent X Public Hearings Regular October 27, 2014 KS KL Regular Meeting City Manager Department The Public Works Department requesting authorization to enter into an agreement with Barracuda Building Corporation for construction of the Northern Way Bridge Repair at Howell Creek (ITB #006 /14BF) in the amount of $67,030 plus a 10% contingency. SYNOPSIS: The Northern Way Bridge Repair at Howell Creek project consists of the replacement of a failing stormwater pipe, construction of a new retaining wall, and associated site improvements to repair erosion damages. This agenda item is to award the work to the lowest responsive bidder, Barracuda Building Corporation, in the amount of $67,030. CONSIDERATIONS: . The Northern Way bridge over Howell Creek (south crossing, between Arabian Avenue and Howell Creek Drive) has erosion damage and a failing stormwater pipe. The damages are located at the northwest area of the bridge. The damages are not an emergency and this project is considered to be a scheduled repair that has been in planning and design for the past several months. The Northern Way Bridge Repair at Howell Creek project consists of the replacement of the failing 36 -inch corrugated metal storm pipe and the construction of a new retaining wall that extends the bridge abutment's wing wall at the northwest corner of the bridge. This area has steep slopes and has experienced severe erosion in the past. The project repairs the damages and also includes the replacement of a storm inlet top with a higher capacity inlet, replacement of concrete curbs and sidewalks, sediment Consent 300 PAGE 1 OF 3 - October 27, 2014 removal from the creek, and the installation of additional erosion protection measures at the bridge abutment. If not repaired, the erosion could eventually start to undermine the bridge abutment. The most recent FDOT bridge inspection performed in June 2014 recommended the erosion repairs that will be completed with this proj ect. . The project design includes a "Redi- Rock" style of retaining wall to extend the bridge abutment's wing wall, similar to what was used extensively at the nearby Tuscawilla Greens project and more recently at Jesup's Landing. Redi -Rock walls consist of large modular blocks that are stacked to create a gravity retaining wall. The design was completed by CPH Engineers, Inc. The Northern Way Bridge Repair at Howell Creek project was issued for bidding to contractors who have performed or bid on similar work for the City in the past and /or who have experience with the proposed retaining wall system used on the project. Bids were due on October 16, 2014, with results as listed below. Several contractors declined to submit a bid. Invitation to Bid #006 /14BF Bid Results: x xxxxxxxxxxxxxxxxxxxx x x x x .......................... ...xxxxxxx...xx x xxxx...x Bidder Total Bid Amount } xxxxxxxxxxxxxxxx- xxxxxxxxxxxxxxxxxxxxxx-------- 1 1Barracuda Building Corporation $67,030.0Q v. v.. v.. v.. v�,. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v. s.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v..v..v..v..v..v..v..v..v..v..x 2. 1CFE, Corporation 1 $76,784.101 nnnnnnnnnnnnnnnnnnnnnn nn----------------------- -nnnnw 1 3 Welsh Companies, LLC $99,202 001 Based on Staff s review of the bids, Staff is recommending award of the construction contract to Barracuda Building Corporation. Construction is expected to begin in November 2014 and be completed in December 2014. No road closures are required for the project and surrounding residents will be notified in advance of construction. FISCAL IMPACT: The project cost is $67,030.00 plus a 10% contingency, for a total of $73,733.00, funded by the Stormwater Utility Fund. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff Consent 300 PAGE 2 OF 3 - October 27, 2014 is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Written construction notices will be issued to residents near the construction site approximately one week before construction is scheduled to begin. RECOMMENDATION: Staff recommends the City Commission approve entering into an agreement with Barracuda Building Corporation for the Northern Way Bridge Repairs at Howell Creek project, in the amount of $67,030 plus a 10% contingency, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. ATTACHMENTS: 1. Exhibit A - Northern Way Bridge Repairs at Howell Creek - Drawing (1 page) 2. Exhibit B -Agreement (10 pages) Consent 300 PAGE 3 OF 3 - October 27, 2014 _s, ee i // 7 ` TEMPORARILY REMOVE AND '4 PC x'REINSTALL REFLECTOR SIGN , / ADDRESS MATE GRI D LENGTH lr. FOR THE RETAI NINO WALL �y SEE DETAIL MATCH E%ISTINE ERA DE III REMOVE IXISTING TOP ANC e F E%I 5TR�)y E 906 (DAHIA) AND STAKE '. CON SCRUFF NEW INLET TOP 2 . INH Y' L DI STUFFED AREA SEE DETAIL I AND "2 ",THI$) REMOVE AND REPLACE STEEL RECONSTRUCT GUARDRAILAS NEEDED SIDEWALKAS REQUIRED e '2` REMOVE36 CMPAND INSTALL 36 ADS HE �/ STORM APPROXIMATE 19LFI CONNECT AND SEAL INTO EXISTING MANHOLE L "PEREERAPED )f el 9X7CK DRAIN LE I) 1 RID W:A:u:11WWII 0 �( I he Lo e LCONCRETE �E TOP OF PILE III SUIT, POT 1 1 41 —PEEN P FTS irP£4 1 AN6 3 %I STING EXISTING POST �VVVVN- TOP OF WALL =28.5 PIAq !!N[Fi IxaE S SYN[IFifllC4 ABLlr fyl T P.W uMlff tifF ! SrMMf JXKU ACdJJ q! EL 2]0 0" FVC SOCKET CLEAN OUT WITH INVERTED CAP SET 6'CORS 6'CORS IN NOT 11.0 REP N NeXT its RIP SIN g 11.0 PAR o 25 °w. ed M. * AT 11H PAP TRY EXT 11H PIN, .E FEE n y} I 0 I Jbb N, VISHUX i .. F NOTE'. 4" PVC SOUL PIPE EXISTING CONFIGURATION BACKER 3 INLETTOe I_.... — L� I).rl ! ) Ir 18 THICK :!'IM1 - %J— 20 1r rnNrEFTF NEWCONFIGURATIONWILLBEAT YPE2INLETTEP PILING WALL ---- - -_ - RIP RAP FOOT - IN ACCORDANCE WITH THE DETAILS BELOW " -' .`- . DETAIL 1 - EXISTING TOP SPEC. 530222 ,l -,- — ,. `.._ .. • "' .., .. •,' .. .. L- NON WOVEN GEOTE%TILE BOTTOM OF .. .. ./ � 15 WALL -150 �� Y � SCALE '1 4 15 4FCrlilh es Mhar iYnE 2 4rMNETRIGI III qjl SECr/OhIBB llhfFr IYPF 45[HNFrPICAI III fyl 411 OF CUT PIPE TO MATCH THEWALLFACE. INVERT1806 PERFORATED 4" SOCK DRAIN INV. 1700 PERFORATED SOCK DRAIN RED ROCK WALL SYSTEM .. .. r. ... 1A ..,, ..... £ INLETS TYPES Z AND I !N[F FS Tf AES 3 AND / lhlFrs re P4 R , "` "` - • SLAB RFINFOI I'• F DEPENDENT OLE 1 ELSE AND rl6VER� �i' Ja 1 _ I • j T REGRADETHISARFA le A TO EXISTING ELEVATIONS 550 1 ., LEV A ELEV ELEV . . T ELEV £ Q 4)NELEAN -WT ACCESS ' o a ELEV.hKI ELEV J 20 00 •o e� , ` 'Y fp PROPOSED RED ROCK " CONCRETE I 4' SELL PIT LB WIDE lS LONG FIRTAININGWALL(23 LF) BEHIND WALLTO VENT BOX MIGRATION / / Y THE JOIN OF THE NEW INSTALL LARGE CONCRETERETEDT TREE Y/ Vv F STAINING WALLAND THE a v !1 / RIP RAP IN FRONT OF WALL BRIDGE PILING SYSTEM USE q y (MATCH EXISTING CONTOURS AND H F 1EQUAL ' MIRA0N OR EQUAL 0 PL 11 PLACE IB "THICK)(BEE DETAIL) -�' ARI COrvcRErE COUaR ° ° ! I AREUrvC PIPE INTeGRAL CERPERATE9' WITH T HE WALL SEEMENTB SOCKGRAIN HGFE 0 SEE DETAIL THIS SHEET APPRO %MATE INVERT ±1806 0- .ELEV. 30.00 21'+ INSTALLTEMPORA RY MODIFY EXISTING GRACE TO SILT FENCE SEE NOTE 3 MATCH NEW LOCATION OF PIPE A7NSTALL TEMPORARY SHOWN IN SECTION A . SILT FENCE. PER FOOT NOTES 1) 100yr FLOOD ELEVATION -24 ON THE NAVDBB DATUM 2) CONTRACTOR TO RECONSTRUCT ALL DISTURBED AREAS TO PRE CONSTRUCTION CONDITIONS. 3) PLACE THE FACE OF THE SECOND ROW FROM THE TOP AT THE BACK FACE OF THE EXISTING PILE BACKING PLATE. CONTACT OWNER PRIOR TO CONSTRUCTION TO CLARIFY LOCATION AS NEEDED. SITE PLAN SCALE =s #5BAR FACT CE -fi0' LONG (TYP) #5 BAR EACH fi EXISTING PILE CAPEN, FACE 34" LONG (TYP) /1 =TOP ROW 2ND ROW EXISTING 4'1 wALL1 =3RC ROW FO PERRATED SOCK FODRAIN 1 INV. 1806/ INTERFACE OF NEW AND EXISTING WALL DUE 10 ,0'm MANHOLE NEW TYPE2TOP A �t DETAIL 2 - TYPE 2 TOP 36 NOMINALADS HP STORM PIPE. CUT PIPE END FLUSH WITH WALL w =I TRIP BIR AIR NVC.n e" ar RI 0 FBI • -• pIMENS OMR HCifPN ', r V pfY£gSIPYR SES rIOK • NIP ea — e w f IN OOMIDI ON S AElhfORClhG PIMP IFCrIOv R£IrvIP.K fMr SERION "O'Dowrh"Sts 5SffraN IAI A 6 P C AH ANSI { {<rllln ANN f -0" PrA SrILJCrUMr "TIGI fiE{ilGw "I AED PIA SiAtgEGSEIS LrOi rOM 1511 DION I lrrPE E CBriSn Yg .N? TRANSVERSE SECTIONS FOR INLETS TYPES P. 2. 3 & 6 INLET TOP DETAILS FooiwDExn0 SuLENT3 35 �� B%fr TOP OF PILE III SUIT, POT 1 1 41 —PEEN C n, TI 30 �VVVVN- TOP OF WALL =28.5 v PROPOSED GRACE EPRL RNA. SITE PLAN AND DETAILS Sheet No I EL 2]0 0" FVC SOCKET CLEAN OUT WITH INVERTED CAP SET IN NOT 11.0 REP N NeXT its RIP AF FKl 11.0 PAR o 25 °w. ed M. * AT 11H PAP TRY EXT 11H PIN, amuoe ONE! ti0 _ y�dM. °gar .,.... onar Sod oa Yu TOILS 66 NOTE'. ilo.ar. . fiy #5BAR- GRADE60 6' CLEARTO ALL SURFACES NOTE. THIS WALL SECTION IS " GENERIC" FOR ILLUSTRATION AND INFORMATION ONLY CONCRETE COLLAR DETAIL WALL SECTION 35 BOTTOM BLOCK CONCRETE COLLAR AROUND LLEVEUrvG PAC PIPE APPROXIMATELY FEE STONE -12 "THICK 6k6k28 "DEEP BOTTOM ELEV. 1000 SECTION A -A SAINHUTANSDREM0,1E INSIDE EDGE OF GARDEN CORNER BLOCK AND FILL NITH TOOPOL RECOMMENDED) GRADE DROPS ALONG SIDE OF GARDEN BLOCK AT pm Faun vory ALTERNATE GARDEN BLOCK PLACEMENT FINISH GRADE TO BACK OF BLOCKS DETAIL TOP OF PILE 30 ins EL2B.53 A fLll Ser eeABEflrm C / p .cpnco.p.c O"GERPROGIRCE, ORBINNO.S.p.habon C n, TI 30 �VVVVN- TOP OF WALL =28.5 v PROPOSED GRACE EPRL RNA. SITE PLAN AND DETAILS Sheet No I EL 2]0 0" FVC SOCKET CLEAN OUT WITH INVERTED CAP SET , E%ISTINJ / LEVEL WITH TOP OF WALL. `�' GRACE EL 255 AF 25 o 25 °w. ed M. e 6 L240 .E FEE I I 0 I Jbb N, VISHUX Q2014 4" PVC SOUL PIPE 18 THICK 20 EXISTING BRIDGE rnNrEFTF 20 PILING WALL ---- RIP RAP FOOT SPEC. 530222 __ NON WOVEN GEOTE%TILE BOTTOM OF UNDER RIP RAP MIRAFI 15 WALL -150 140N OR EQUAL 15 36' NOMINAL ADS HE STORM PIPE (2)4 "PVC- 45'SENC9 411 OF CUT PIPE TO MATCH THEWALLFACE. INVERT1806 PERFORATED 4" SOCK DRAIN INV. 1700 PERFORATED SOCK DRAIN RED ROCK WALL SYSTEM 10 OUTLET ELEV. P. 00 4fi1 /B " SSE "xlB "HEN 1 10 BOTTOM BLOCK CONCRETE COLLAR AROUND LLEVEUrvG PAC PIPE APPROXIMATELY FEE STONE -12 "THICK 6k6k28 "DEEP BOTTOM ELEV. 1000 SECTION A -A SAINHUTANSDREM0,1E INSIDE EDGE OF GARDEN CORNER BLOCK AND FILL NITH TOOPOL RECOMMENDED) GRADE DROPS ALONG SIDE OF GARDEN BLOCK AT pm Faun vory ALTERNATE GARDEN BLOCK PLACEMENT FINISH GRADE TO BACK OF BLOCKS DETAIL A fLll Ser eeABEflrm C / p .cpnco.p.c O"GERPROGIRCE, ORBINNO.S.p.habon C n, TI ° °v e: z'!' Feel I T Vr VVUN L Crt OrmIVbO HOWELL CREEK &NORTHERN WAY BRIDGE REPAIR Winter Springs, Florida EPRL RNA. SITE PLAN AND DETAILS Sheet No I 0 `�' is AS NOT > »E KE01 AF o °w. ed M. e 6 .E FEE I I 0 I Jbb N, VISHUX Q2014 ��NTER �( `SA Ir u to Incorporated •` Ig54 cc Utility / Public Works Department CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 Telephone (407) 327 -1800 IWPME ILy1r:3 THIS AGREEMENT MADE THIS DAY OF . 2014 between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referred to as OWNER) and Barracuda Building Corporation, a corporation authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of Howell Creek & Northern Way Bridge Repair. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions; 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 following order: a. Contractor's Bid (Proposal), Agreement, and Addenda b. Change Orders c. Special Conditions d. General Conditions e. Drawings Any inconsistency in the work description shall be clarified 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 work 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, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER. A substitute material, article, 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 Page 2 Howell Creek & Northern Way Bridge Repair 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. 5. CONTRACT TIME - The CONTRACTOR shall begin work within 10 days after the issuance of a written Notice to Proceed and shall complete all 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. 6. 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 5 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 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. 7. 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 $67,03 0. 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 the 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 following 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 exercise 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 9. Page 3 Howell Creek & Northern Way Bridge Repair 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 exercise 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 accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. FORCE MAIEURE - 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 involving CONTRACTOR's labor force); extraordinary breakdown of or damage to OWNER's affiliates' generating plants, their equipment, or facilities; 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. If 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 invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole 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 prompt and proper payments for labor, materials, or equipment furnished him; d. Another Contractor is damaged by an act for which Contractor is responsible; e. Claims or liens are filed on the job; or f. In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily. 12. FINAL PAYMENT - OWNER shall withhold up to 10% of the Contract Price until 50% completion. After 50% completion, OWNER shall reduce to 5% the amount of retainage withheld from each subsequent Page 4 Howell Creek & Northern Way Bridge Repair progress payment made to the Contractor. For purposes of this section, the term "50- percent completion" shall be the point at which the OWNER has expended 50% of the total cost of the construction services purchased as identified in the Agreement together with all costs associated with existing change orders and other additions or modifications to the Agreement. After 50% completion, the Contractor may present to the OWNER a payment request for up to one -half of the retainage held by the OWNER. OWNER shall promptly make payment to the Contractor, unless OWNER has grounds for withholding the payment of retainage. 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. 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, Brian Fields, P.E., 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 Progress 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 claim regarding defective work by Contractor. Page 5 Howell Creek & Northern Way Bridge Repair 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. Refection and Stoppage of Work. The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 14. PROGRESS MEETING — OWNER'S Project Manager may hold 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 follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and 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 completion 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. Page 6 Howell Creek & Northern Way Bridge Repair a. If 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. If 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. If 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 coverage as set forth by the OWNER. 17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed 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 company 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, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent 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 principal -agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 20. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the City, its officers, employees, and city attorneys (individually and in their official capacity, from liability, losses, damages, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of 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 claims of liability and all suits and actions of every name and description that may be brought against the OWNER or its officers, employees, and city attorneys which may be covered by this indemnification. In all events the OWNER and its officers, employees, and city attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included 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 principals, employees, contractors, and agents while performing work provided hereunder. 22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the OWNER the following: Page 7 Howell Creek & Northern Way Bridge Repair 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 carry 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. NOT USED 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 claims of property damages which may arise from any Work performed under this Agreement whether such Work are performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non - owned automobiles, including 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 policies meeting the requirements herein identified 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 -day advance written notification to the OWNER in the event of cancellation or modification of any stipulated insurance coverage. The Page 8 Howell Creek & Northern Way Bridge Repair OWNER shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time. Independent Associates and Consultants. All independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in paragraph 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 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. 26. GOVERNING LAW & 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 permitted by law, to recover from the non - prevailing party the costs and expenses of such action including, 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, computerized information and program, audio or video tape, photograph, or other writing of the 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. Page 9 Howell Creek & Northern Way Bridge Repair 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 - Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY'S right to sovereign immunity under Section 768.28, or other limitations imposed on the CITY'S potential liability under state or federal law. As such, the CITY shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the CITY shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). 32. HEADINGS - Paragraph headings are for the convenience 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 10 Howell Creek & Northern Way Bridge Repair For OWNER: City of Winter Springs City Engineer, 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. Signed, Sealed and Delivered in the presence of: Witness Witness Witness Witness CONTRACTOR: Name Title Business Address City, State Zip Date OWNER: CITY OF WINTER SPRINGS By: Kevin L. Smith City Manager 1126 East State Road 434 Winter Springs, FL. 32708 407 - 327 -1800