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Home My WebLink About2004 03 08 Consent 201 . . COMMISSION AGENDA ITEM 201 CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR March 8, 2004 Meeting MGR j#- IDEPT /,#/ Authorization REQUEST: Utility Department Requesting Authorization to enter into a Contractual Agreement for construction of the Central Winds Parkway Stormwater Piping. Bids for this project were opened on January 14,2004 under Bid # ITB-007-04/KL. The bid summary is attached. The lowest responsive, responsible bidder was Sunshine Building and Development Company, with a bid of$254,716.35. The engineer's estimate of construction cost was $250,000. The project scope of work includes all labor, equipment, and materials for the installation of a stormwater system within the park expansion area. The final design of Phase I Central Winds Parkway is pending a request for additional right of way from the Leerdam property. The SJRWMD permit for the project has been received. The Capital Projects Coordinator recommendation is attached with the engineer's recommendation and agreement form. . March 8, 2004 Consent Agenda Item 201 Page 2 ----- ...... -- "->- ~ ~ ....... ....... ...... ....... ........."- ~ ...... ...... ....... ~- ...... a... a . ....... ...... FUNDING: The proposed contract amount of$254,716.35 is slightly over the $250,000 budgeted in the Road Improvement Fund (115-65000-30018). Additional funds are available from other projects to . cover the differential. The funds will be spent over the next 150 days. . . . March 8, 2004 Consent Agenda Item 201 Page 3 RECOMMENDA TION: It is recommended that authorization be granted to enter into a contractual Agreement with Sunshine Building and Development Company for the construction of the Central Winds Parkway Stormwater Piping system at a cost of$254,716.35 plus a 10% contingency ayable from the Road Improvement Fund (115-65000-30018). IMPLEMENTATION SCHEDULE: The scope of work will be completed within 120 days of issuance of the NTP. However, the NTP will not be issued until the current clearing and grading contract with CWB is completed. ATTACHMENTS: 1. Capital Project Coordinator and Consulting Engineer recommendation 2. Bid Summary - Bid #ITB 007-04fKL 3. Proposal and Agreement COMMISSION ACTION: . Attachment No. 1 TO: Kip Lockcuff, P.E. Utilities/Public Works Director FROM: George F. Edwards, P.E. Capital Projects Coordinator RE: Bid Analvsis. Bid # ITB-007 -04/KL Central Winds Parkway Stormwater Pipinq DATE: March 2, 2004 On Wednesday, January 14, 2004, the City of Winter Springs received nine bids for the construction of the Central Winds Parkway Stormwater Piping system. The three lowest bids received were priced as follows: . Company Southeast Enviroscape, Inc. Sunshine Building and Development Corp. Municipal Contracting Co., Inc. Bid $239,376.79 $254,716.35 $279,476.00 The Engineer's estimate of probable construction cost of the project was $250,000.00. The amount budgeted was $250,000.00. EVALUATION OF RESPONSIVENESS The lowest bidder, Southeast Enviroscape, failed to sign their Bid and failed to sign the Bid Bond. The Bid was therefore considered non-responsive and was rejected. The second lowest bidder, Sunshine Building and Development Corporation, provided all required documentation to establish bidder responsibility. The bid may be considered responsive. EVALUATION OF RESPONSIBILITY The references supplied by Sunshine Building and Development Corporation were verified and, as the bidder is presently working on a project with the City of Winter Springs, the Engineer, CPH Engineers Inc. recommended that the contract be awarded to them. RECOMMENDATION In my opinion, an award 'of the Central Winds Parkway Stormwater Piping project to Sunshine Building and Development Corporation is in the best interest of the City. . IMPLEMENTATION SCHEDULE The scope of work will be completed within 120 calendar days of the Notice to Proceed. . January 30, 2004 Mr. Kipton Lockcuff, P. E. Utilities Director City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 Subject: Central Winds Park Way Stormwater Piping City Bid No. ITB-007 -04/KL CPH Project No. W04115 RE: Engineers Recommendation of Award Dear Kip: On Wednesday, January 14, 2004, the City of Winter Springs Purchasing Department opened the bid packages for the above referenced project. . Listed below are the three (3) apparent low bidders and their associated bid amounts. Estimated Bid Amount Southeast Enviroscape, Inc. Sunshine Building Municipal Contracting $ 239,376.79 $ 254,716.35 $ 279,476.00 (Non-Responsive) CPH Engineers was provided with a copy of the bid packages and has reviewed the bid packages from these bidders for completeness and accuracy. In addition, we made a trip to ' City Hall to review the original bid packages to verify our findings/completeness. The results of our examination of the submitted bid packages are indicated in the attached Information Checklists. We have also enclosed Bid Tabulation of all bids received. As per our telephone conversation, the apparent low bidder did not submit all of the items required to be considered responsive. In accordance with the Bid Documents, Bid Section 00200-1.05.B.2, "If upon opening the Bid, any of the items required to be responsive are found to be missing or incomplete, the bidder will be judged non-responsive". Additionally, Section 00200 - 1.05.B.3 reads "Bid proposals must be signed by the Bidder with his signature in full." Southeast Enviroscape, Inc. did not sign their bid form nor the bid bond form. Also, there were multiple mathematical errors on their bid form. Sunshine Building and Development Corp. was the second lowest bidder and submitted a . complete package. Therefore, we were able to perform a complete evaluation of both the contractor's responsiveness and responsibility. Based on our evaluation, we have determined that Sunshine Building and Development Corp. is the lowest, responsive and responsible bidder for this project. . . . Sunshine Building and Development Corp. has performed previous work/projects for the City of Winter Springs. No problems or conflicts have been associated with any of their work for the City. Based on our analysis and the past experience between the City and Sunshine Building and Development Corp., we have no objection to the award of the Base Bid to Sunshine Building and Development Corp. in the amount of $254,716.35. Please call me if you have any questions regarding our recommendations. Sincerely, CPH ENGINEERS, INC. Terry M. Zaudtke, P.E., D.E.E. Project Manager r . . . Attachment No.2 BID NUMBER: ITB-007/04/KL CENTRAL WINDS PARK STORMW A TER PIPING Called By: Nancy V obornik, Purchasing Coordinator Bid Opened: 3:00 p.m. Bid Closed: 3:10 p.m. Witnesses: Chuck Pula, Parks & Recreation Director Ken Hutchings, Engineering Tech/Construction Inspector Nine (9) Bids Received: 1. Cathcart Contracting Company, 1757 W. Broadway, Suite #3 Oviedo, FL 32765 Telephone No. 407-366-1022 Base Bid: $382,024.50 John T. Cathcart Facsimile No. 407-977-8349 2. Prime Construction Group, Inc., Reynolds C. Holiman 1000 Jetstream Drive Orlando, FL 32824 Telephone No. 407-856-8180Facsimile No. 407-856-8182 Base Bid: $314,467.00 3. Perri Builders, Inc., Joseph C. Perri 523 N. Mission Road Orlando, FL 32808 Telephone No. 407-292-2128 Facsimile No. 407-292-2137 Base Bid: $350,000.00 4. Sunshine Building and Development Corp., John T. Bush 291 Anchor Road Casselberry, FL 32707 Telephone No. 407-339-6721 Facsimile No. 407-331-7542 Base Bid: $ 254,716.35 5. Schuller Contractors, Inc., Alexander Caputo 8046A Presidents Drive Orlando, FI 32809 Telephone No. 407-855-5572 Facsimile No. 407-855-4922 Base Bid: $ 327,196.00 6. Central Florida Underground, Inc., Roy G. Ward 990 Miller Drive Altamonte Springs, FL 32701 Telephone No. 407-260-9000 Facsimile No. 407-260-1599 Base Bid: $ 451,763.50 . . . Page Two ITB 007/04/KL 7. Southeast Enviroscape, Inc., Lee Smith 1293 C.R 426, Suite 117 Oviedo, FL 32765 Telephone No. 407-366-6681 Facsimile No. 407-365-7294 Base Bid: $239,376.79 8. Cloud 9 Services, Inc., Rick Fender 1026 W. Michigan Street Orlando, Fl 32805 Telephone No. 407-481-2750 Facsimile No. 407-481-8850 Base Bid: $ 342,143.13 9. Municipal Contracting Co. Inc., Nicholas Militello 530 Collins Road Marietta, GA 30066 Telephone No. 770-792-1003 Facsimile No. 770-792-1331 Base Bid: $279,476.00 . Attachment No.3 AGREEMENT FORM THIS AGREEMENT MADE THIS DAY OF 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 Sunshine Building and Development Corporation. 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 Parkway Storm Water Piping. 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 120 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 Two Hundred Fifty Four Thousand Seven Hundred Sixteen Dollars and Thirty Five cents ($254.716.35). 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) (B) (C) (D) (E) (F) Work is found defective and not remedied; Contractor does not make prompt and proper payments to subcontractors; Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him; Another Contractor is damaged by an act for which Contractor is responsible; Claims or liens are filed on the job; or 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. . 8. . b. 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. 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 or his authorized representative 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. 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 . c. d. e. f. 9. . a. b. c. d. e. . 10. sequences, methods, and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. Access to Worksite for Inspections. The OWN ER 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. 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. Reiection 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. 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. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: 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. 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. 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 services necessary for the proper completion of work on the project in accordance with the Contract Documents. 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. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. 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. MEDIA TIONNENUE - 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: John 1. Bush, President Sunshine Building and Development Co. 291 Anchor Road Casselberry, FL 32707 (407)339-6721 Date . OWNER: CITY OF WINTER SPRINGS By: Ronald W. McLemore City Manager 1126 East State Road 434 Winter Springs, FL 32708 407-327-1800 . , " J ,1 AGREEMENT FORM THIS AGREEMENT MADE THIS 12~' DAYOF D~-E"J..~~~ . ,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 Sunshine Building and Development Corporation, of Casselberry, Florida, herein referred to as CONTRACTOR, a person duly licensed as a Contractor In the State of Florida, as follows: 1. gES9~ OF WORlS - CONTRACTOR shall perform the work, In accordance with the Contract Documents, at Well #4, Winter Springs, Fl. 32708 for the WTP 1 - Well NO.4 and Raw Water Main Project. 2. CONTRACT DOCVMt;NTS - The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions and Sections contained in the Project Manual; the Orawingsas 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 Contrad and are Incorporated into this Contract by this ref$rence. 3. CONTRACT TIIVlE - The CONTRACTOR shall begin work within 10 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. 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 Two Hundred Seventy One Thousand Nine Hundred Fifty Six and 00/100 Dollars ($271,956.00). 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. PROGR~S PAY~ - 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: ~~ DEe, 3 2003 TV OF WINTER SPRINGS ~apltal Projects coordinator ,. . . (A) Work is found defective and not remedied; (8) 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 Certific:ate. 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. 8y 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 George F. Edwards, P.E. or his authorized representative 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 DisDutes. 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 StoDDaGe 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. ResDonsibility for SUDervision 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. DisciDline and EmDloyment. 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 aU labor, materials and equipment, including tool$, 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 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. -~~~:qs'l- (' . . . . . . 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. MEDIA TIONNENUE - 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: ~i-. C. of~ Contractor: /// /~ N e .0. Box 180958 Casselberry, Fl 32718-0958 Address and Telephone 407-339-6721 Date ....... OWNER: CITY OF WINTER SPRINGS .tI~U~--=- By: Ronald W. cLemor&, City Manager ,I 1126 East State Road 434 Winter Springs, FL. 32708 407-327-1800 ., . CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDlYY) ACDBD.. 12/15/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Fisher-Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1701 W. Garden Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 711 Pensacola, FL 32591-0711 INSURERS AFFORDING COVERAGE INSURED INSURER A: CNA Insurance Companies Sunshine Bldg & Development CO INSURER B: Attn: Amoret Larosa INSURER c: P. O. Box 958 INSURER D: I Casselberry, FL 32718 INSURER E: Client#. 21552 SUNSHBUIL COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER Pgk!fl,~~~~ P<6~fl,~xr:~~N LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ - COM M ERCIAL GENERAL L1AB ILlTY FIRE DAMAGE (Anyone fire) $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ - n'L AGGREM LIMIT APAS PER: PRODUCTS -COMP/OP AGG $ POLICY ~~9T LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ~ $ ANY AUTO (Ea accident) f-- - ALL OWNED AUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - f-- PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ::locCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WC224762571 04/09/03 04/09/04 X IWC STATU- 1 IOTH- rnRY L1Mrt~ ER EMPLOYERS' LIABILITY $500,000 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATlONSlLOCATlONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS " *10 day notice of cancellation for non-payment of premium" ~ Project: WTP1 - Well 4 and Raw Water Main Certificate Holder is listed as an Additional Insured as their respects to DEe 2 3 ~nn~ General Liability and Commercial Auto Coverages. (See Attached Descriptions) CERTIFICATE HOLDER I I ADDmONALINSURED;INSURERLETTER: CANCELLATION Capital Projects Coordinator SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Winter Springs DATE THER,OF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL~DAYSWRITTEN 1126 East S. R. 434 NO CETOTl~ CERTIFICATE HOLDERNAM E LEFT, BUT FAILURE TO DOSOSHALL Winter Springs, FL 32708 IMP SEND B IGA'ONORLlAB~ ANY~ \HEINSURER,ITSAGENTSOR RE RESENT hiES. c::::" AU~D EPR. ENTATlu{' /)-~ I j W -: -/' , ACORD 25-8 (7/97) 1 of 3 #S224990/M196771 , JDH @ ACORD CORPORATION 1988 .. , IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7197)2 of 3 #S224990/M196771 '""",' # " . DESCRIPTIONS (Continued from Page 1) Waiver of Subrogation applies in favor of City of Winter Springs as their respects to General Liability, Commercial Auto and Worker's Compensation Coverages. AMS 25.3 (07/97) 3 of3 #S224990/M196771 12/12/03 12:24 FAX 4073317842 D NSBlNE BLDG AN 1lJ11 SECTION 00620 JNSURANCE ENDORSEMENT FORM Name Of Project WT'P 1 - WELL 4 AND RAW WATER MAIN Owner: Engineer: City of Winter Sorlngs jj26 East S.R. 434 WInter SprlnQ9. Florida 32708 CPH Enelneers. Inc. 1117 E. RobInson Street Orlando. Ronda 32801 THIS IS TO CERTIFY that the numbered policies Identified by the attached Certificates of InsUf3nc8 have been Issued by the below-stated company In conformance With the limits and requirements as set forth in the General Condl1lons and Supplementary Conditions. The Insurance company will give at least thirty (30) days' written notice by registered mall to the OWner and the Engineer prior to any material change or cancellation of said polley or policies. ATTACH CERnFICA TES OF INSURANCE AND INDICA IE TYPE OF INSURANCE. POLICY NUMBER. EFFECTIVE DA7C. EXPIRA TlON DA TE. AND UMITS OF INSURANCE. THE CERTlFICA TES OF INSURANCE ARE TO INDICA TE THE NAMED INSURED. AND ARE TO IDENTIFY THE OWNER. ENGINEER AND OTHER PARTIES IDENTIFIED IN THE SUPPLEMENTARYCONDmONSASADDInONAL NAMED INSURED. THE OWNER AND ENGINEER ARE TO BE NAMED AS CERTIFICATE HOLDERS. " ENDORSEMENT The Owner. the Owner's Representative. the Engineer, Architect. and their consultants. and each"of their officers. agents. and employees are included as additionally named insured under said policies but only while acting In their capacity as such and only as respects operations of the orlalnally named InSured. its subcontractors. agents. and employees in the performance of the above-referenced contract. provided, however. that If the loss or damage Is ultimately determined to be the proximate result of the sole negligence of one or more of the aforesaid additionally named insured, this insurance shall not apply. This endorsement shall not operate to increase the Insurance company's total limit of liability hereunder. The insurance company hereby waives Its rights of subrogation against the addltlonally named Insured. Sunshine Building & Development Co. Named Insured CNA Insurance Co. Insurance Company 946060 Maitland CI By ~ , Authorized R presentative (SI nature and Printed Name) (Attach AcknOWledgment) . END OF SECTION FL State 32794-6060 " Zip 00620-0 - DEe 2 3 ?nn~ CITY OF WINTER SPRINGS Capital Projects Coordinator awl. nw een RI IIJCHRI III V 1161141T. L - - ACORDTM CERTIFICATE OF LIABILITY INSURANCE 12/15/03°"Y' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Inc Fisher-Brown ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE . , HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1701 W. Garden Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 711 Pensacola, FL 32591-0711 INSURERS AFFORDING COVERAGE INSURED INSURER A: CNA Insurance Companies Sunshine Bldg & Development Co INSURER e: Ohio Casualty Group Attn: Amoret Larosa INSURER C: P. O. Box 958 INSURER D: Casselberry, FL 32718 INSURER E: vrnwn~e vv ~ Lr .r4v..v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY 01044619785 04/09/03 04/09/04 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one tire) $50 000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $5 000 X PD Ded:2 000 PERSONAL 8 ADV INJURY $1 000 000 , GENERAL AGGREGATE $2 000 000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS -COMP/OPAGG $2 000 000 POLICY PRD LOC A AUT OMOBILE LIABILITY 01044616496 04/09/03 04/09/04 COMBINED SINGLE LIMIT $1 000 000 X ANY AUTO (Ee accident) r r ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY 6X00452940348 04/09/03 04/09/04 EACH OCCURRENCE $$ 000 000 X OCCUR ~ CLAIMS MADE AGGREGATE $$ 000,000 DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND T _ EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: WTP1 -Well 4 and Raw Water Main Certificate Holder is listed as an Additional Insured as their respects to General Liability and Commercial Auto Coverages. ~~C ~ 3 ~~~~ Waiver of Subrogation applies in favor of City of Winter Springs as their (See Attached Descriptions) CITY OF WINTER SPRINGS ator di n a ital Pro)ects Coor /!PQTIFIR ATF Nr11 nFR ~ ~ enmm~Nei IN CIIRFn•INRIIRER LETTER' CANCELLATION SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Winter Springs DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL~Q_DAYSWRITTEN 1126 East S.R. 434 NOTI TOTH •ERTIFICATE HOLDER NAM ED TO THE LEFT, BUT FAILURE TO DOSOSHALL Winter Springs, FL 32708 ,~ IM PO ENOO LI~ATIONORLIABILITYOF YKIND THEINSURER,ITSAGENTSOR REPR SENTA V S. AUTH RIZED R RES TATI ~ L ACORD 25-S (7/97)1 of 3 #S224991/M196736 UpH O AGORD GORPORATIVN l9SS IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/9~2 of 3 #5224991/M196736 ~ DESCRIPTIONS (Continued from Page 1) ~ respects to General Liability, Commercial Auto and Worker's Compensation Coverages. AM5 25.3 (07197) 3 Ot 3 #F522499'1IM996736 ... '. . - AGREEMENT FORM u // 2.~y THIS AGREEMENT MADE THIS .4.:1!L- DAY OF /If.fU1t 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 Sunshine Buildina and Development COl'Doration, 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 Parkway Storm Water Pipina, 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 120 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. UQUIDA TED 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 Two Hundred Fifty Four Thousand Seven Hundred Sixteen Dollars and Thirty Five cents ($254.716.35). 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 fumished 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 altemative 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 Kipton Lockcuff or his authorized representative 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. ODinlons. and Progress ReDorts. 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 Workslte 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. .... . - " 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. Rejection 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. RESPONSIBIUTIES 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. Furnlshina 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. MEDIA TIONNENUE - 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: LC,fL /' . - 291 Anchor Road Casselberry, FL 32707 (407)339-6721 Date OWNER: CITY OF WINTER SPRINGS /f~M~ By: Ronald W. McLemore City Manager 1126 East State Road 434 Winter Springs, FL 32708 407-327-1800 / / I ( I I 11 I I / / I ) / ! \ \ \ \ \ \ \ \ \ Wllttls-- Corratnu:ti01l MlUUlgement III III III . Ii" 11 e tI g i tI e e r s . Ii 0 m 2117EaltIlD"",..." SIrftt, on-ro, FI. a2Bt/1 p1Ioo<:m.425.H52 F_m.648.11136 _~_.- ~r:~~~',~ .. , . . .,".~ ~ " ""-~?,l:?p'~~",,:,'!~"";-'i'iY!j)' lx~ lx's / I / II, / I,f)/ / / ( "( \><'"\.-' JUL 29 2004 ~ :Z :5 Q. Cl z is ~ S! z o F u ::I r: en z o u 1i5 ~ ~ ~ .:.; ADD 285 LF UNDERDRAIN PER SJRWMD COMMENTS Scale: CITY OF WINTER SPRINGS CAPITAL PROJECTS COOR 1"=50' UNDERDRAIN CHANGE ORDER FIGURE 1 @2003 Date: JULY 2004 Job No.: W04115 CENTRAL WINDS PARK STORM PIPING Page 1 Certiflc.k at AlldrorlZlltion No. 3215