HomeMy WebLinkAbout2002 10 14 Consent B Contruct the East Water Reclamation Facility Filters
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COMMISSION AGENDA
ITEM B
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
October 14, 2002
Meeting
MGR ~.r/DEPT /1';/
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Authorizati on
REQUEST: Utility Department Requesting City Commission Approval to enter into a
contract to Construct the East Water Reclamation Facility Filters.
PURPOSE: The purpose of this Board item is to request authorization to enter into a
contractual agreement with Prime Construction Group to build the East WRF
Filtration System at a cost of $572,000 plus 10% contingency.
CONSIDERA TIONS:
This project is needed to maintain the Class I effluent quality standards at
the East Water Reclamation Facility on Winter Springs Boulevard. The existing
filters have increasingly become less reliable which leads to the effluent being
rejected back to the plant for retreatment. This increases operating costs and
, reduces available capacity.
Bids opened on August 28, 2002 under RFP No. ITB 018-02/GE. There
were six (6) bids received. The low bidder was Prime Construction Group at
$572,000.00. The Prime Construction Group submittal meets the requirements
delineated in the RFP. The City Clerks summary is attached.
The scope of work includes adding a new effluent filter assembly for the
East Water Reclamation Facility. The present travelling bridge filters are
approaching the end of their useful life and are not capable of handling 100% of
the plants permitted capacity. The new filter system will enable the facility to
treat 100% of the effluent capacity as public access reclaimed water.
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Consent Agenda Item B
October 14, 2002
Page 2
FUNDING:
The funding for this project is budgeted in the current fiscal year under the
Capital Improvements - Utility Enterprise Fund - Revenue Generation. The
amount budget for this project is $450,000.00. The sludge thickening project
budgeted at $125,000 will be deferred to the future to provide the additional
necessary funds.
RECOMMENDA TION:
It is recommended that authorization be given to enter into a contractual
agreement with Prime Construction Group to build the East WRF Filtration
System at a cost of $572,000 plus 10% contingency payable from Utility
Enterprise Fund Revenue Generation Fund capital improvements line code 3620-
56370.
IMPLEMENTATION SCHEDULE:
The scope of work will be completed within 180 days of approval.
A TT ACHMENTS:
1. Agreement Form
2. City Clerk Summary RFP No. ITB 018-02/GE
COMMISSION ACTION:
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Attachment 1
AGREEMENT FORM
THIS AGREEMENT MADE THIS DAY OF , 2002, between the
CITY OF WINTER SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708,
Seminole County, State of Florida, herein referred to as OWNER and Prime Construction
Group, 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, at Winter Springs, FL. 32708 for the East Water Reclamation
Facility Filters.
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 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 OWN ER 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 five hundred seventy-two thousand
dollars ($572,000.00). Payments will be made to the CONTRACTOR for actual quantities
installed on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall
be as fully a part of the Contract as if attached or repeated herein.
6. PROGRESS PAYMENTS - OWNER shall make progress payments on account of the
contract price to CONTRACTOR, on the basis of application for payments submitted to the City
or their authorized representative, by CONTRACTOR as the work progresses, and in
accordance with the Contract Documents.
Progress payments may be withheld if:
(A) Work is found defective and not remedied;
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(C)
Contractor does not make prompts and proper payments for labor, materials, or
equipment furnished him;
(D) Another Contractor is damaged by an act for which Contractor is responsible;
(E) Claims or liens are filed on the job; or
(F) In the opinion of the City of Winter Springs, Contractor's work is not progressing
satisfactorily.
7. FINAL PAYMENT. OWNER shall withhold up to 10% of the Contract Price throughout
the project. The OWNER shall release 50% of the amount withheld upon issuance of the
Substantial Completion Certificate. The remaining 50% of the amount withheld shall be
released with the Final Payment after the issuance of the Final Completion Certificate.
OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is
fully and properly completed, if the contract has been fully and timely performed, but subject to
the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER
a complete release of liens arising out the contract, or receipt releases of lien fully covering all
labor, materials and equipment for which a lien could be filed, or in the alternative a bond
satisfactory to OWNER indemnifying him against such claims.
By making payments OWNER does not waive claims including but not limited to those relating
to:
(A)
Faulty work appearing after substantial completion has been granted;
(B) Work that does not comply with the Contract Documents:
(C) Outstanding claims of liens; or
(D) Failure of Contractor to comply with any special guarantees required by the Contract
Documents.
8. DESIGNATION OF PROJECT DIRECTOR OR ARCHITECT OR ENGINEER: DUTIES
AND AUTHORITY. The duties and authority of the City are as follows:
a. General Administration of Contract. The primary function of the City is to provide the
general administration of the contract. In performance of these duties 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.
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b.
Inspections. Opinions. and Proaress Reports. The OWNER shall be kept familiar
with the progress and quality of the work by CONTRACTOR and may make periodic
visits to the work site. The OWNER will not be responsible for the means of
construction, or for the sequences, methods, and procedures used therein, or for the
CONTRACTOR's failure to perform the work in accordance with the Contract
Documents.
c. Access to Worksite for Inspections. The OWNER shall be given free access to the
worksite at all times during work preparation and progress. The Project Director is not
obligated to make exhaustive or continuous on site inspections to perform his duties of
checking and reporting on work progress, and any such inspections shall not waive
Owner's claim regarding defective work by Contractor.
d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be
the initial interpreter of the contract document requirements, and make decisions on
claims and disputes between Contractor and Owner.
e. Reiection and Stoppaae of Work. The OWNER shall have authority to reject work
which in its opinion does not conform to the Contract Documents, and in this connection
may stop the work or a portion thereof, when necessary.
f.
Payment Certificates. The OWNER will determine the amounts owing to
CONTRACTOR as the work progresses, based on CONTRACTOR's applications and
OWNER's inspections and observations, and will issue certificates for progress
payments and final payments in accordance with the terms of the Contract Documents.
9.
RESPONSIBiliTIES OF CONTRACTOR - CONTRACTOR's duties and rights in
connection with the project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means, for the coordination of all work. CONTRACTOR shall supervise
and direct the work, and give it all attention necessary for such proper supervision and
direction.
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict
discipline among his employees, and he agrees not to employ for work on the project
any person unfit or without sufficient skill to perform the job for which he was employed.
c. Furnishina of labor. Materials. etc. CONTRACTOR shall provide and pay for all
labor, materials and equipment, including tools, construction equipment and machinery,
utilities, including water, transportation, and all other facilities and services necessary for
the proper completion of work on the project in accordance with the Contract
Documents.
d.
Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall
secure all licenses and permits necessary for proper completion of the work, paying the
fees 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.
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e.
CONTRACTOR will provide written guarantee for work and materials for one (1)
calendar year after acceptance by OWNER.
10. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in
accordance with Florida law and to the satisfaction of OWNER, in an amount specified
in the Contract Documents.
11. MEDIATIONNENUE - The parties agree that should any dispute arise between them
regarding the terms or performance of this Agreement, both parties will participate in a
mediation. The parties agree to equally share the cost of the mediator. Should the
parties fail to resolve their differences through mediation, then any cause of action filed
hereunder shall be filed in the Circuit or County Court for Seminole County, Florida.
12. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to
the applicable party at the address shown on the first page of this Contract.
Signed, Sealed and Delivered
in the presence of:
Contractor:
Name
Address and Telephone
Date
OWNER:
CITY OF WINTER SPRINGS
By: Ronald W. McLemore
City Manager
1126 East State Road 434
Winter Springs, FL. 32708
407 -327 -1800
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Attachment 2
BID NUMBER: ITB.018-02/GE
EAST WATER RECLAMATION FACILITY FILTERS
STATE ROAD 434 AND TUSKA WILLA ROAD
BID CLOSING: AUGUST 28, 2002
Bid Closing Was Called By:
Bid Opened: 3:01 p.m.
Bid Closed: 3:05 p.m.
Nancy Vobornik, Purchasing Coordinator
Witnesses:
George Edwards, Capital Projects Coordinator, Public Works Department
Debbie Gillespie. Deputy City Clerk
Six (6) Bids Received:
1. FLORIDA DESIGN CONTRACTORS, INC.
AGENT: THOMAS CLARKE, PRESIDENT
1326 SOUTH KILLIAN DRIVE, LAKE PARK, FLORIDA 33403
TELEPHONE: (561) 845-1233 FACSIMILE: (561) 848-5992
BID AMOUNT: $634,400.00
2. WHARTON-SMITH, INC.
AGENT: GEORGE E. SMITH, PRESIDENT
750 COUNTY ROAD 15, POST OFFICE BOX 471028, LAKE MONROE, FLORIDA 32747-1028
TELEPHONE: (407) 321-8410
BID AMOUNT: $657,000.00
TLC DIVERSIFIED, INC.
AGENT: THURSTON LAMBERSON, PRESIDENT
2719 17TH STREET EAST, PALMETTO, FLORIDA 34221
TELEPHONE: (941) 722-0621 FACSIMILE: (941) 722-1382
BID AMOUNT: $668,700.00
3.
4. RTD CONSTRUCTION, INC.
AGENT: DANNIE E. JORDAN, PRESIDENT
10240 NEWSOME ROAD, DADE CITY, FLORIDA 33525
TELEPHONE: (352) 521-0264 FACSIMILE: (352) 521-0672
BID AMOUNT: $592,500.00
5. McMAHAN CONSTRUCTION CO., INC.
AGENT: ROBERT KELLOGG, PRESIDENT
POST OFFICE BOX 223, DELAND, FLORIDA 32721-0223
TELEPHONE: (386) 734-1071 FACSIMILE: (386) 738-2692
BID AMOUNT: $597,000.00
6. PRIME CONSTRUCTION GROUP, INC.
AGENT: REYNOLDS HOLIMAN, VICE PRESIDENT
1000 JET STREAM P ARKW A Y, ORLANDO, FLORIDA 32824
TELEPHONE: (407) 856-8180 FACSIMILE: (407) 856-8182
BID AMOUNT: $572,000.00
Debbie Gillespie, Deputy City Clerk
City of Winter Springs
Copy: Mr. Kip Lockcuff, Director, Public Works Department
Ms. Nancy Vobornik, Purchasing Department
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AGREEMENT FORM
THIS AGREEMENT MADE THIS DAY OF . 2002 between the CITY OF
WINTER SPRINGS of 1126 East State Road 434, Wmter Springs, Florida 32708, Seminole County, State
of Florida, herein referred to as OWNER and PRIME CONSTRUcrrON Group, Inc., 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
ContIact Documents, for East Water Reclamation FatUity Filters.
2. CONTRACT DOCUME~ . The Contract Docwnents 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
Contmct by this reference.
3. CONTRACT '{IME . The CONTRACTOR shall begin work within 12 days after the issuance of
a written Notice to Proceed and shall complete the work within 1!!! 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 recognize the delays, expense, and difficulties involved in proving
in a legal or arbitration proceeding the actua110ss suffered by OWNER if the Work is not substantially
complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRAcroR 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 Five Hundred Seventy-two Thousand Dollars (SS72,OOO.OO).
Payments will be ~de to the CONTRACTOR for actual quantities installed on the basis of the Schedule of
Unit Prices included as a part of his Bid, which shai1 be as fully a part of the Contmct as if attached Or
repeat~ herein.
6. PROGRESS PAYMENTS - OWNER shaIl make progress payments on account of the contmct
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) Contmctor does not make prompt and proper payments to subcontractors~
(C) Contractor does not make prompts and proper payments for labor, materials, or equipment.
fumishedhim;
(0) Another ContIactor is damaged by an act for which Contractor is responsible;
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observations, and will issue certificates for progress payments and final payments in accordance
with the tenus of the Contract Documents.
9. RESPONSmlLlTIES OF CONTRACTO~ - CONTRACTOR's duties and rights in connection
with the project herein are as follows:
a. Responsibility for Supenision and Construction. CONI'RACfOR 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 necessmy for such proper supervision and direction.
b. Discipline and Em~loYment. 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. de. CONTRACTOR shall provjde 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 Penuits. CONTRACTOR shall secure all .
licenses and permits necessaty 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 materi8ls for one (1) calendar year
after acceptance by OWNER
10. ~ - 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. MEDIATIONIVENUE - 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.
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407-856-8180
Date ..' " (
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OWNER: + '. .' '
eIW OF WINTER SP,lUNGS...
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By: Reriald W. McEemo~ :
City'~er' .
1126 East State Rocid' 434
Winter SpringS, FL. 32708
407-327-1800
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WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT
110 NORTH FLAMINGO AVENUE
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-2669
Fax (407) 327-4751
NOTICE OF AWARD FORM
TO:
Christopher T. Brodie, President
Land Design Developers, Inc.
1043 Seminola Blvd.
Casselberry, FL 32707
PROJECT DESCRIPTION:
City of Winter Springs
Landscape Maintenance Services - Rights of Way & Ponds
Bid #ITB-002-03/AH .
The OWNER has considered the BID submitted by Land Desion Developers. Inc. for the
above-described WORK in response to the Advertisement for Bids dated December 4. 2002 and
Instructions to Bidders.
You are hereby notified that your BID in the amount of $91.135.00 for BID items contained in the
Bid Schedule has been accepted.
You are required by the Instructions to Bidders to execute the Agreement and certificates of
insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute
. said Agreement and to furnish said certificate of insurance within ten (10) calendar days from the
date of this Notice, said OWNER will be entitled to consider all your rights arising out of the
OWNER's acceptance of your BID as abandoned and your BID BOND shall be forfeited. The
OWNER will be entitled to such other rights as may be granted by law.
You El,:e" required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
. Dated thisJ.,WLday Of Januarv. 2003.
O~~R ;1~M m;3--
Ron McLemor~. .
City Mana~er'
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ACCEPTANCE OF NOTICE
TICE OF AWARD is hereby acknowledged by this the
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