HomeMy WebLinkAbout1998 10 12 Consent Item C
COMMISSION AGENDA
ITEM C
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
October 12,1998 IDEPT /~
Meeting
REQUEST: Public Works Department Requesting Authorization to Enter into a Contractual
Agreement for Drainage, Roadway and Water Main Improvements on Panama
Road
PURPOSE: The purpose of this Board item is to request authorization to enter into a contractual.
agreement with Southland Construction, Inc. for drainage, roadway and water main
improvements on Panama Road at a cost of$530,067.00 plus a 10% contingency.
CONSIDERATIONS:
This project is needed to improve Panama Road (Moss Road to Shore Road) to
collector road standards as planned for in the Traffic Circulation Element of the
Comprehensive Plan. Bids for this project were opened on September 30, 1998 under Bid #
98-021.
The low bidder was Southland Construction, Inc. of Apopka, Florida, with a bid
$530,067.00. The project scope of work includes drainage, paving and a shell rock recreation
trail along the road consistent with the rural collector road standards adopted in 1996. A
water main is also being installed on Panama Road to connect and loop the existing stubs on
Shore and Moss Roads.
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October 12, 1998
Consent Agenda Item C
Page 2
FUNDING:
The bid of$530,067.00 was below the amount budgeted for this project in the
Transportation Impact Fee Fund Capital Improvement line code (5410-56310). The cost for
the water main improvements, $94,711.40, must be paid from the Utility 1997 Series Bond
Construction Fund line code (3630-56310) which is under the $100,000 budgeted for the
water main.
Transportation Impact Fee Fund
Utility Fund
TOTAL
BUDGET
$800,000
$100.000
$900,000
BID
$435,355.60
$94.711.40
$530,067.00
RECOMMENDATION:
It is recommended that authorization be granted to enter into a contractual agreement
with Southland Construction, Inc. for drainage, roadway and water main improvements on
Panama Road at a cost of $530,067.00 plus a 10% contingency of which $435,355.60 and
$94,711.40 are payable from the capital improvements line codes of the Transportation
Impact Fee Fund (#5410-56310) and Utility Fund (#3630-56310), respectively.
IMPLEMENTATION SCHEDULE:
The scope of work will be completed within 180 days of issuance of the Notice To
Proceed. Construction is tentatively planned to begin mid-November.
ATTACHMENTS:
1. City Clerk Summary - Bid #98-021
2. Proposal and Agreement
3. CPR Recommendation Letter
COMMISSION ACTION:
\
ATTACHMENT NO.1
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708.2799
Telephone (407) 327.1800
ROADWAY, DRAINAGE AND WATER MAIN IMPROVEMENTS
AT EAST PANAMA ROAD
BID NUMBER: 98-021
BID OPENING DATE: September 30,1998
The Bid opening was called by: Mr. J.P. Petrencsik, Director of Purchasing
Bid Opened:
Bid Closed:
4:04 p.m.
4:09 p.m.
Present as witnesses:
Ms. Nancy Vobomik, Administrative Secretary, Purchasing
Mr. Terry Zaudtke, Consulting Engineer
Six (6) Bids Received:
I. SOUTHLAND CONSTRUCTION, INe.
172 WEST FOURTH STREET, APOPKA, FLORIDA 32703
POST OFFICE BOX 2389, APOPKA, FLORIDA 32704-2389
BASE BID: $530,067.00
2, BERGERON LAND DEVELOPMENT
2710 MICHIGAN A VENUE, KISSIMMEE, FLORIDA 34744
BASE BID: $562,944.20
3. HEWITT CONTRACfING COMPANY, INC.
POST OFFICE BOX 490697, LEESBURG, FLORIDA 34749
BASE BID: $578,155.80
4. DANIELS CONTRACfING COMPANY
290 W A YMONT COURT, SUITE 120, LAKE MARY, FLORIDA 32746
TELEPHONE: (407) 330-1220
FACSIMILE: (407) 330-0009
BASE BID: $687,000.00
5. GIBBS & REGISTER, INe.
438 NORTH DILLARD STREET, WINTER GARDEN, FLORIDA 34787
BASE BID: $646,000.00
CITY OF WI NTER SPRI NGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
ROADWAY, DRAINAGE AND WATER MAIN IMPROVEMENTS
AT EAST PANAMA ROAD
BID NUMBER: 98-021
BID OPENING DATE: September 30, 1998
PAGE20F2
6.
STATE CONTRACfING & ENGINEERING CORPORA nON
1295 NORTH 21ST AVENUE, HOLLYWOOD, FLORIDA 33020
BASE BID: $618,319.85
,r
s-
drea Lorenzo- Luace
City of Winter mgs
City Clerk
Copy: Mr. Kip Lockcuff, Director, UtilitylPublic Works
Mr. J.P. Petrencsik, Director of Purchasing
Mr. Terry Zaudtke, Consulting Engineer
DOCSlbids/results/fy9798/98-021.doc
ATTACHMENT NO.2
AGREEMENT AND BID FORM
TillS AGREEMENT MADE TillS DAY OF October, 1998 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 Southland Construction, Inc. of Apopka, 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, at 1126 East S.R. 434, Winter Springs, Florida 32708 for: Project # 98-021 - Roadway,
Drainage, and Water Main Improvements at East Panama Road.
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 .lQ...days after the issuance of
a written Notice To Proceed and shall complete the work within 180 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. LIOUlDATED 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 recognized 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
$250.00 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. LUMP SUM CONTRACT - The OWNER will pay the CONTRACTOR
in current funds for the performance of the work, subject to additions and deductions by Change Order,
the Total Contract Price of Five Hundred Thirty Thousand Sixty Seven Dollars ($530.067.00). Payments
will be made to the CONTRACTOR based on the Lump Sum Bid amount, the Schedule of Values, and
subject to completion of the work, in accordance with the Contract Documents.
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 City 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.
7. FINAL PAYMENT - Owner shall withhold 10% of the Contract Price which shall be the final
payment under this contract. 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 all liens arising out of 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 by 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.
Contractor, by accepting final payment, waives all claims except those which he has previously made in
writing, and which remain unsettled at the time of acceptance of payment pursuant to this contract.
8. DESIGNATION OF PROJECT DIRECTOR OR ARCIDTECT 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 Kipton Lockcuff, P.E.
Public WorksfUtility Director, 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. Instlections. Opinions. and Prol!ress Re{>orts. 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 InsDections. 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.
2
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 Stoppa~e 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 OWNER - 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 Emolovment. 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. Furnishin~ 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 therefor.
Contractor warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents) hold or will secure all trade or professiona1licenses required by law for contractor
to under take 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 mutually select a mediator and in the event they cannot mutually agree upon a mediator, one will
be appointed by the American Arbitration Association. The parties agree to equally share the cost of the
mediator. Should the parties fail to resolve their differences through mediation, then any cause of action
filed thereunder shall be filed in the Circuit or County Court for Seminole County, Florida.
3
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:
Southland Construction. Inc.
Name:
172 West Fourth 8t.
ADoDka. FL 32704
Address and Telephone
407-
Date
OWNER:
CITY OF WINTER SPRINGS
By: Ronald W. McLemore
CITY MANAGER
1126 East State Road 434
Winter Springs, Florida 32708
(407) 327-1800
4
A TT ACHMENT NO.
Conklin, ~orter and Holmes
@ ~ ENGINEERS, INC.
a 1117 E, ROBINSON STREET, SUITE C
ORLANDO, FLORIDA 32801-2092
TEL 407-425.0452
FAX #407-648-1036
October 1, 1998
Mr. Kipton Lockcuff, P.E.
Utilities Director
City of Winter Springs
1126 East S.R 434
Winter Springs, Florida 32708
RE: City of Winter Springs - Roadway, Drainage and Water Main Improvements
East Panama Road
Bid No. 98-021
CPH Project No. W0476
Dear Kip:
On Wednesday, September 30, 1998, the City received bids for Roadway, Drainage and Water
Main Improvements - East Panama Road. Copies of the bids were provided to us for review.
The following is a swnmary of the three lowest bidders and their associated bid prices:
Contractor Base Bid Price
Southland Construction $530,067.00
Bergeron Construction $562,944.20
Hewitt, Inc. $578,155.80
Engineer's Estimate of Probable Construction $722,200.11
Cost
We provided the City with a budget estimate of$785,000.00 which included a 10% contingency.
A full bid tabulation is provided for your review which shows a bid price range of$530,067.00 to
$687,000.00. No errors were found during our tabulation ofthe bids. The bids received were
very competitive and we believe that the City received good solid bids for the project.
Southland Construction has not performed previous work for the City. A review of references
and other data reveals that they are a capable and competent contractor and that they are able to
Conklin, ~orter and Holmes
@ ~ lrll ENGINEERS, INC.
perform the project work. They are currently working on the Tuscawilla Road project and
constructed the S.R. 434 improvements through the City of Winter Springs for F.D.O.T.
In summary, we have no objection to the City's award of this project to Southland Construction
based on available information and their base bid price of$530,067.00.
If you have any questions, please give me a call.
Sincerely,
TMZ/ja
J:\ W04 76\Lockcuff.let\jaa
BID TABULATION
CITY OF WINTER SPRINGS
PROJECT: ROADWAY, DRAINAGE AND WATER MAIN IMPROVEMENTS BID 98-021
BID DATE: SEPTEMBER 30, 1998
Southland Bergeron Hewitt state Contracting Gibbs and Register Daniels Engineering
CONTRACTOR Construction Construction Inc, and Engineering Inc, Contracting Co. Estimate
An .nka Kissimmee Leesburo HolI~ Winter Garden Lake Mary
BID Description Unit Quantity Un~ Total Un~ Total Unit Total Un~ Total Unit Total Un~ Total Unit Total
ITE Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost
1 Mobilizaton LS 1 46,ooo,oo 46,00000 5O,ooo,oo 5O,ooo,oo 85,ooo,oo 85,ooo,oo 26,829,OO 26,829,OO 30,000,00 3O,ooo,oo 46,425.10 46,425.10 29,774,OO 29,774,00
2 Clear & Grub LS 1 20,OOO,OO 20,000,00 6O,OOOOO 6O,OOO.OO 90,000.00 90,000,00 59,530,00 59,530,OO 18,OOO,OO 18, 000, oo 13,5OO,OO 13,500.00 17,250,00 17,250,00
3 8" PVC Water Main (C900 DR 18) LF 4774 10.50 50,127,00 12.00 57,268,OO 10,00 47,740,00 23,00 109,602.00 20,00 95,480,00 12.75 60,868,50 26.75 137,252,50
4 Fittings (restrained) TN 3.77 4,OOOOO 15,080,00 1,300,00 4,901,00 4,000.00 15,060,00 4,880.00 16,397.60 4,000,00 15,080,00 6,560,OO 24,731,20 6,900,00 26,013,OO
5 6" Gale Valve & Box EA 7 650,OO 4,550.00 740,00 5,180.00 650.00 4,550,00 820.00 5,740.00 1,150.00 6,050.00 650,00 5,950,00 1,035,00 7,245,OO
6 Fire Hydrant & Valve EA 6 1,800,00 10,800.00 1,950,00 11,700,00 1,700,00 10,200,00 1,925,00 11,550,00 2,450,00 14,700,00 2,000,00 12,000,00 2,300,00 13,800,00
7 Connect to existing main LS 2 1,350,OO 2,700,00 1,000,00 2,000,00 2,50000 5,000,00 900,00 1,800,00 1,250,00 2,500,00 1,000,00 2,000,00 1,150,00 2,300,00
8 2" PVC Sleeve at Roadway Crossings LF 315 9,80 3,087,00 8,00 2,520.00 2,00 630,00 3,50 1,102.50 8,00 2,520,00 1,00 315.00 11,50 3,62250
9 Service Connections. Single long EA 5 370,00 1,650,00 300,00 1,500.00 350.00 1,750.00 399,00 1,995,00 450,00 2,250,00 325,00 1,625,00 460,00 2,300,00
Single short EA 12 370,00 4,440,00 250,00 3,ooo,oo 200,00 2,4OO,OO 299,00 3,588.OO 550,00 6,600,OO 250.00 3,000,00 402,50 4,830,00
Double long EA 4 400,00 1,600.00 400,00 1,600,00 500,00 2,000,00 449,OO 1,796,00 6OO,OO 2,4OO,OO 375,00 1,5OO,OO 517,50 2,070,00
10 Warning Identification Tape LF 4774 0.10 477.40 0.30 1,432,20 0,05 238,70 1,OO 4,774,00 0,50 2,387 , oo 0,25 1,193,50 0,58 2,745,05
11 storm Manholes EA 1 2,200,00 2,200,00 2,900,00 2,900,OO 1,1oo,oo 1,100,00 1,450,OO 1,450,00 1,700,00 1,7OO,OO 1,50000 1,500,00 2,300,00 2,300,00
12 FOOT Type "C' inlet EA 6 2,OOO,OO 12,000,00 1,450,00 8,7OO, 00 1,200,00 7,200,00 1,176,OO 7,056,00 1,700,00 10,200.OO 1,100,00 6,600,00 1,38000 8,280,00
13 12" X 18" ERCP LF 679 31,60 21,458.40 20,00 13,580,00 16.00 10,664,00 18,90 12,833,10 27,00 16,333,00 22,OO 14,938,00 34,50 23,425,50
14 18" RCP LF 799 29,OO 23,171,00 20,00 15,980,00 20,00 15,980,00 20,35 16,259,65 28.00 22, 372. oo 23,00 18,377,OO 26,75 22,971,25
15 24" RCP LF 143 38,OO 5,146,00 37.00 5,291.00 28.OO 4,004,00 30,25 4,325.75 33,00 4,719,00 26,OO 3,718,00 34,50 4,933,50
16 Mitered End Section -12X18 EA 3 580.OO 1,740,00 600,00 1,800,00 460.OO 1,380.00 75O,OO 2,250.00 6OO,OO 1,800,00 750,00 2,250,00 575,00 1,725,00
24" wi Energy dissipator EA 1 880,00 880,00 1,450,OO 1,450.00 1,000.00 1,ooo,oo 1,025.00 1,025,00 1,1OO,OO 1,100,00 1,100.00 1,100,00 1,150,00 1,150,00
17 TrashIFloatables Separation Box LS 1 10,000,00 10,000,00 8,300,00 6,300,00 9,000.00 9,000.00 7,023,00 7,023,00 10,000,00 10,ooo,oo 6,750.00 6,750,00 5,750.00 5,750.00
18 Swale Checks EA 49 170.OO 8,330,00 400.00 19,600,OO 200,00 9,800,00 180.00 8,820,00 500,00 24,500,00 75O.OO 38,750,00 862,50 42,262,50
19 Modify Existing 'c Inlet EA 1 1,000,00 1,000.00 1,100,00 1,100.00 1,500,00 1,500,OO 1,000,00 1,000.00 2,200.00 2,2OO.OO 1,500,00 1,500,OO 1,150.00 1,150,00
20 Remove Existing -12X18 MES EA 1 14O,OO 140,00 160,OO 160,OO 200.00 200,00 88,00 88.OO 250,00 250,00 100,00 100.00 230,00 230,00
12X18 ERCP LF 22 10,00 220,00 13,00 266,00 4.00 88.00 11,50 253,00 20.00 440,00 10,00 220,00 11,50 253,00
12" PVC Culvert LF 22 10,00 220,00 14,00 308.OO 4.00 88,00 11.50 253.00 20,00 440.00 10.00 220.00 11.50 253,OO
12" CMP Culvert LF 22 10,00 220,00 14.00 308.00 4,00 88.00 11,50 253.00 20,OO 440,00 10,00 220.00 11.50 253.00
21 Erosion Sediment Control - Si~ fence LF 550 tOO 550,00 1,20 660,00 1.00 550,00 1.OO 550.00 2,00 1,100,00 1,25 687,50 2,30 1,265,00
Turbidity Barrier LF 65 3,50 227,50 10.00 650,00 6,00 390,00 10.00 650,00 22,OO 1,430,00 25,00 1,625,00 2,30 149,50
22 12" Sub-base SY 14468 2,20 31,829,60 2.20 31,629,60 2.00 28,936,00 1.50 21,702.OO 2,50 38,170,00 7,OO 101,276,00 5.75 83,191,00
23 6" Limerock Base SY 11957 6,80 81,307,60 6,OO 71,742.00 5,00 59,785,00 7.78 93,025.46 7,OO 83,699,OO 8,00 95,656,00 6,61 79,065,66
24 1,5" 5-1 Aspha~ic Concrete SY 11957 3,40 40,653,60 3,20 38,262,40 3,25 38,660.25 3,05 38,468.85 4,50 53,806,50 3,60 43,045,20 4,60 55,002,20
25 l' Concrete Ribbon Curb LF 8717 3,30 28,766,10 3,50 30,509,50 3,25 28,330,25 3,59 31,294,03 5,50 47,943.50 6,00 52,302,OO 6,90 60,14730
26 2' Concrete Drop Curb LF 643 8,90 5,722,70 9,50 6,108,50 8,80 5,658,40 9,14 5,877.02 15,OO 9,645,OO 10.00 6,430,OO 11,50 7,394,50
27 6" Concrete Header Curb LF 66 8,90 587,40 8,00 528,00 7,20 475,20 7,54 497,64 14.00 924.00 12,00 792,00 10,35 683,10
26 Crushed Shell Driveways & Path SY 4669 4,50 21,100,50 5,OO 23,445,OO 5,00 23,445,00 4,25 19,926,25 7,00 32,623.00 15.OO 70,335,00 3.45 16,177.05
29 Remove and replace concrete drivewa SY 220 27.50 6,050,00 30,00 6,600,00 36,00 7,920,00 22,45 4,939,00 35,OO 7,7OO,OO 3O.OO 6,600,00 23,00 5,060,00
30 Remove and replace asphalt road SY 60 26.50 1,710.00 10,00 600,00 30,00 1,6OO,OO 20,00 1,2oo,oo 35.OO 2,100.00 25,OO 1,5OO,OO 23,00 1,360,00
31 Final Grading LS 1 40,000,00 40,000,00 45,ooo,oo 45,000,OO 35,000,00 35,000,00 50,810,00 5O,610.OO 46,623,00 46,623,00 15,000.OO 15,000,00 17,250,00 17,250,00
32 Sod R/IN SY 97OO 1.25 12,125,00 1,25 12,125,00 1.25 12,125,00 1.46 14,356,00 1.75 16,975.00 2,00 19,400,00 2,30 22,31000
33 Traffic Control and Barricades LS 1 12000,00 12000,00 14000,00 14000.00 6000,00 8000,00 27 228,00 27 228,00 6600,00 6600,00 5000,00 5000,00 6 966,00 8966,00
TOTALS 530 067,00 562 944,20 576 155,80 618319,85 646000.00 687000,00 722 200,11
. .
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AGREEMENT AND BID FORM
TIDS AGREEMENT MADE TIDS .3fJ "" DAY OF October, 1998 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 Southland Construction, Inc. of Apopka, 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, at 1126 East S.R. 434, Winter Springs, Florida 32708 for: Project # 98-021 - Roadway,
Drainage, and Water Main Improvements at East Panama Road.
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 J.Q..days after the issuance of
a written Notice To Proceed and shall complete the work within 180 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. LIOUIDATED 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 recognized 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
$250.00 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 often ($10.00) dollars
as consideration for this provision.
5. CONTRACT PRICE. LUMP SUM CONTRACT - The OWNER will pay the CONTRACTOR
in current funds for the performance of the work, subject to additions and deductions by Change Order,
the Total Contract Price of Five Hundred Thirty Thousand Sixty Seven Dollars ($530.067.00). Payments
will be made to the CONTRACTOR based on the Lump Sum Bid amount, the Schedule of Values, and
subject to completion of the work, in accordance with the Contract Documents.
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 City 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;
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(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 10% of the Contract Price which shall be the final
payment under this contract. 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 all liens arising out of 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.
Contractor, by accepting final payment, waives all claims except those which he has previously made in
writing, and which remain unsettled at the time of acceptance of payment pursuant to this contract.
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 Kipton Lockcuff, P.E.
Public Works/Utility Director, 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. Insoections. Opinions. and Proe:ress Reoorts. 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.
2
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d. InterDretation of Contract Documents: Decisions on Dis{)utes. The Owner will be the
initial interpreter of the contract document requirements, and make decisions on claims and
disputes between Contractor and Owner.
e. Rejection and Stoppaee 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. Pavment 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 OWNER - Contractor's duties and rights in connection with the
project herein are as follows:
a. ResDonsibilitv for Supervision and Construction. Contractor shall be solely responsible
for all construction under this contract, including the techniques, sequences, procedures, and
means, and 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. Furnishine 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. Pavment of taxes: Procurement of Licenses and Permits. Contractor shall secure all
licenses and permits necessary for proper completion of the work, paying the fees therefor.
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 under take 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 material, 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 mutually select a mediator and in the event they cannot mutually agree upon a mediator, one
will be appointed by the American Arbitration Association. The parties agree to equally share the cost of
the mediator. Should the parties fail to resolve their differences through mediation, then any cause of
action filed thereunder shall be filed in the Circuit or County Court for Seminole County, Florida.
3
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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:
Co~tr~tor:
ssL~E&-
Name: 12 Ar-'Iee- L- ~
pks,~r
172 West Fourth St.
ADoDka. FL 32704
Address and Tele}>hone
407- 8~'1- 9 '11/0/
J-l 4t:.r 19 ff
Date
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OWNER:
CITY OF WINTER SPRINGS
rf~M-m~
By: Ronald W. McLemore
CITY MANAGER
1126 East State Road 434
Winter Springs, Florida 32708
(407) 327-1800
4
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MEMORANDUM
DATE:
Documentation for Project #98-021
Roadway, Drainage, and Water Main Improvements
at Panama Road. City of Winter Springs Project #98-021
November 18, 1998
TO:
FROM:
RE:
Margo Hopkins, City Clerk
George Edwards, Capital Projects Coordinat
Transmitted herewith are the following completed documents for your files.
1) Notice of Award
2) Agreement
3) Notice to Proceed