The URL can be used to link to this page

Home My WebLink About1997 12 08 Consent Item A COMMISSION AGENDA ITEM A REGULAR CONSENT X INFORMATIONAL J2.~b.eLR,_l22.L Meeting MGLR\w" IDEPT Jff Authorization REQUEST: Public Works Department/Utility Division Requesting Authorization to Enter Into a Contract Agreement for Reclaimed Water System Improvements to the East Water Reclamation Facility. PURPOSE: The purpose of this Board item is to request authorization to enter into a contract agreement with Encore Construction Company for reclaimed water system improvements to the East Water Reclamation Facility at a cost of$I,065,400.00 plus a 10% contingency. CONSIDERATIONS: This project is needed to complete the required improvements to the East Water Reclamation Facility which will allow us to take the next step towards building the distribution system necessary to provide reclaimed water to residents. The installation of a reclaimed water distribution system reduces the demand on our potable water system and the groundwater supply. Bids for this project were opened on October 29, 1997 under Bid #98-004. The low bidder was Encore Construction Company of Altamonte Springs with a low bid of $1,065,400.00. Encore Construction Company has not previously performed work for the City. Our consulting engineer has reviewed the references and has no objection to awarding the bid to Encore Construction Company. The CPR review letter is attached. The scope of work for this project includes replacement ofthe chlorine contact chamber, a new transfer pump station, a new distribution pump station, installation of December 8, 1997 Consent Agenda Item A Page2_ transfer and distribution piping within the plant site, removal of one storage pond, and the relining ofthe second pond to create a reject storage pond. Upon completion, all facilities at the treatment plant will be capable of operating on the emergency generator. This project will also eliminate the storage of reclaimed water in open ponds. The open storage has adversely impacted the water quality of the reclaimed water by allowing algae and snails to form which ultimately can clog residential irrigation systems. FUNDING: This project is included in the 1997 Utility Construction Fund budget at an estimated cost of$1,500,000. The bid cost is $1,065,400.00 which is within budget. The funds for this project will be expended within 240 days of issuance ofthe Notice To Proceed. RECOMMENDATION: I am recommending that authorization be given to enter into a contract agreement with Encore Construction Company for reclaimed water system improvements to the East Water Reclamation Facility at a cost of$I,065,400.00 plus a 10% contingency payable from the 1997 Utility Construction Fund. IMPLEMENTATION SCHEDULE: This work will be completed within 240 days of issuance of a Notice To Proceed. It is estimated funds will be expended by September 30, 1997. We expect minimal disruption of our ability to provide wastewater treatment and a reclaimed water supply during this project. Construction traffic will generally be traveling on Winter Springs Boulevard and not on residential streets. December 8, 1997 Consent Agenda Item A Page3_ ATTACHMENTS: 1. Agreement Form 2. City Clerk Bid #98-004 Tabulation 3. Consultants Recommendation COMMISSION ACTION: Attachment No. 1 CONTRACT FOR CONSTRUCTION TillS AGREEMENT MADE TillS DAY OF December, 1997 between the CITY OF WINTER SPRlNGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole County, State of Florida, herein referred to as Owner and Encore Construction Companv, 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 'YORK - Contractor shall perform the work, in accordance with the Contract Documents, at 1126 East S.R. 434, Winter Springs, Florida 32708 for: the Reclaimed Water Improvements Project: Contract B. 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. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that tim~ 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 $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 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 One Million Sixty Five Thousand Four Hundred Dollars ($1.065.400). 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 Conklin, Porter, & Holmes Engineers, Inc. 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 [mal 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 ofliens; or (D) Failure of Contractor to comply with any special guarantees required by the Contract Documents. Contractor, by accepting [mal 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 ARCmTECT 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 Lockcuf, P.E. Public WorkslUtility 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. Inspections. Opinions. and Progress Reports. The Owner shall be kept familiar with the progress and quality of the work by Contractor and may make periodic visits to the work site. The Owner will not be responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the Contractor's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The Owner shall be given free access to the worksite at all times during work preparation and progress. The Project 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. Internretation 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. 2 e. 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. 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 fmal payments in accordance with the terms of the Contract Documents. 9. RESPONSmILITIES OF OWNER - Contractor's duties and rights m connection with the project herein are as follows: a. Responsibility for Supervision and Construction. Contractor shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures, and means, for the coordination of all work. Contractor shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. Contractor shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing: of Labor. Materials. etc. Contractor shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and 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 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. 12. NOTlCES- 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. 3 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, Florida 32708 (407) 327-1800 4 Attachment No. 2 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 Project Title: CONTRACT B RECLAIMED WATER SYSTEM IMPROVEMENTS EAST WRF Bid Number: 98-004 Bid Opening Date: OCTOBER 29, 1997 The bid opening was called by: J.P. PETRENCSIK Bid Opened: 2:04 P.M. Bid Closed: 2:14 P.M. Present as witness: TERRY ZAUDTKE, CONSULTING ENGINEER DOUG TAYLOR, UTILITIES SUPERINTENDENT JAMIE HERRING, SUPERVISOR, PARKS & RECREATION RUBEN MORR, MAINTENANCE, PARKS & RECREATION ANDREA LORENZO-LUACES, DEPUTY CITY CLERK Bid Bond Required: Yes Performance Bond Required: Yes Tell (10) Bids Received: 1. CENSTATE CONTRACTORS, INC. POST OFFICE DRAWER 552 WINTER HAYEN, FLORIDA 33882 IN THE AMOUNT OF $1,125,000.00 ALTERNATE B: $45,000.00 ALTERNATE C: $13,000.00 Project Title: CONTRACT B RECLAIMED WATER SYSTEM IMPROVEMENTS EAST WRF Bid Number: 98-004 Bid Opening Date: OCTOBER 29, 1997 Page 2 of 4 2. GIBBS & REGISTER, INC. 438 NORTH DILLARD STREEt' WINTER GARDEN, FLORIDA 34787 IN TIIE AMOUNT OF $1,780,000.00 ALTERNATE B: $40,000.00 ALTERNATE C: $40,000.00 3. PRIME CONSTRUCTION GROUP, INC. POST OFFICE BOX 590507 ORLANDO, FLORIDA 32859-0507 IN TIIE AMOUNT OF $1,108,800.00 ALTERNATE B: $20,000.00 ALTERNATE C: $14,000.00 4 SUNSHINE BUILDING AND DEVELOPMENT CORPORA nON POST OFFICE BOX 180958 CASSELBERRY, FLORIDA 32718-0958 IN TIIE AMOUNT OF $1,360,672.00 AL TERNA TE B: $88,335.00 ALTERNATE C: NONE 5. MET-CON, INC. POST OFFICE BOX 910 COCOA, FLORIDA 32923 IN TIIE AMOUNT OF $1,540,000.00 ALTERNATE B: $69,000.00 ALTERNATE C: $34,000.00 , . . - ~ -. - ....... _...- . . Project Title: CONTRACT B RECLAIMED WATER SYSTEM IM:PROVEMENTS EAST WRF Bid Number: 98-004 Bid Opening Date: OCTOBER 29, 1997 Page 3 of 4 6. MARTIN K. EBY CONSTRUCTION COMPANY, INe. 7285 ESTAPONA CIRCLE FERN PARK, FLORIDA 32730 IN THE AMOUNT OF $1,217,000.00 ALTERNATE B: $50,000.00 ALTERNATE C: $13,000.00 7. WHARTON-SMITH, INe. 750 COUNTY ROAD 15 POST OFFICE BOX 471028 LAKE MONROE, FLORIDA 32747-1028 IN THE AMOUNT OF $1,247,000.00 ALTERNATE B: $45,000.00 ALTERNATE C: $15,000.00 8. McMAHAN CONSTRUCTION COMPANY, INe. 123 EAST INDIANA A VENUE POST OFFICE BOX 967 DELAND, FLORIDA 32721-0967 IN THE AMOUNT OF $1,169,000.00 AL TERNA TE B: $50,000.00 ALTERNATE C: $14,000.00 9. SPEEGLE CONSTRUCTION, INe. POST OFFICE BOX 2089 COCOA, FLORIDA 32923 IN THE AMOUNT OF $1,243,700.00 ALTERNATE B: $50,687.00 ALTERNATE C: $14,391.00 Project Title: CONTRACT B RECLAThIED \V A TER SYSTElVI IMPROVEMENTS EAST \VRF Bid Number: 98-004 Bid Opening Date: OCTOBER 29,1997 Page 4 of 4 10. ENCORE CONSTRUCTION COMPANY 377 MAITLAND A VENUE SUITE 207 ALTAMONTE SPRINGS, FLORIDA 32701 IN THE AMOUNT OF $1,065;400.00 AL TERNA TE B: $46,000.00 ALTERNATE C: $15,400.00 . ~ ' . C\ / \ !J~ ~~\.'-() ~ '---../' \ / I .___ Andrea Lorenz~cices, Deputy City Clerk copy: Mr. Kip Lockcuff, Utility/Public Works Director Mr. Terry Zaudtke, Consultant Engineer Mr. J.P. Petrencsik, Director of Purchasing BIDSlresultslty98198-004.doc Attachment No. 3 Conklin, ~orter and Holmes @ ~ ENGINEERS,INC. a 1104 E. ROBINSON STREET ORLANDO, FLORIDA 32801 TEL 407-425'()452 FAX #407-648-1038 November 21, 1997 Mr. Kipton Lockcuff, P. E. Utilities Director City of Winter Springs lION. Flamingo Road Winter Springs, Florida 32708 RE: City of Winter Springs - Contract B - Reclaimed Water System Improvements Bid No. 98-004 CPR Project No. 'V0449.01 Dear Kip: On Wednesday, October 29, 1997, the City received bids for Contract B for the East Water Reclamation Facility. Copies of the bids were provided to us for review. The following is a summary of the bidders and their associated bid prices: Contractor Base Bid Price Encore Construction $1 ,065,400.00 Prime Construction Group, Inc. $1,108,800.00 Censtate Contractors $1,125,000.00 Engineer's Estimate of Probable Construction $1,363,683.00 Cost A full bid tabulation is provided for your review. The average of all bids was $1,285,657.00 and of the three lowest bidders $1,099,733.00. The bids were all very close with only four (4) percent separation between the two lowest bidders. There was also excellent participation on this bid which is reflected in the bid prices received. Encore Construction has not performed previous work for the City. A thorough review of references and other data reveals that they are a capable and competent contractor and that they are able to perform the project work. We contacted five references with similar size and type Conklin, ~orter and Holmes @ ~ ENGINEERS,'NC. o 1104 E. ROBINSON STREET ORLANDO. FLORIDA 32801 TEL 407-425-0452 FAX #407-648.1036 projects and all references received were very positive. References spoke higWy of their timeliness, cooperation and project cleanup. It was decided jointly by City Staff and CPH that we would proceed with the acceptance of the base bid and not pursue the deductive alternate at this time. In summary, we have no objection to the City's award of this project to Encore Construction based on available information and their revised base bid price of $1,065,400.00. If you have any questions, please give me a call. Sincerely, CONKLIN, PORTER & HOLMES - ENGINEERS, INC. Terry . Z e, P.E., DEE Senior Vice President TMZ/ja W04490l.LOC/d5 , ;',' , . ~ . . .,:.~ . ;~'~; .:.:., , : CONTRACTOR BID ITEM A B C Description Base Bid Deductive A1ternate-HDPE Deductive Alternate-PPE Bid Bond Addendum 1 Addendum 2 - >.:: .. ..;"' ~ i :'. Encore Construction A1tamonte Bid Amount 1,065,400.00 46,000.00 15400.00 Yes Yes Yes ,,";' .'-., "~" ': ." .'-.': .:... . '. BID TABULATION, " .' CiTY.OF WINTER'SPRINGS PROJECT: Contract B " Reclaimed Wai~tSy~tenl,lmprovements Bid No. 98-004 ...., ., ~1t>;bATE: 9ctob~r,29,1997' '. . , " . "L:<.. Prime Constr. Group Orlando Bid Amount 1,108,800.00 20,000,00 14,000.00 Yes Yes Yes Censtate Contractors Winter Haven Bid Amount 1,125,000.00 45,000.00 13000.00 Yes Yes Yes McMahon Construction Deland Bid 'Amount 1,169,000.00 50,000.00 14,000.00 Yes Yes Yes Eby Construction Fern Park Bid Amount 1,217,000.00 50,000.00 15.000.00 Yes Yes Yes Speegle Construction Cocoa Bid Amount 1,243,700.00 50,687.00 14,391.00 Yes Yes Yes Wharton Smith Lk.Monroe Bid Amount 1,247,000.00 45,000.00 15,000.00 Yes Yes Yes Sunshine Building Casselberrv Bid Amount 1,360,672.00 88,335.00 None Yes Yes Yes ., :". .' .. ;:",~... Metcon Inc. Cocoa Bid Amount 1,540,000.00 69,000.00 34,000.00 Yes Yes Yes Gibbs and Register Winter Garden Bid Amount 1,780,000.00 40,000.00 40,000.00 Yes Yes Yes