HomeMy WebLinkAbout2001 08 27 Consent A Town Center Force Main Improvements Contractual Agreement
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COMMISSION AGENDA
ITEM
A
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
August 27, 2001
Meeting
MGR rv:: fr
Authorization
REQUEST: Utility Department Requesting Authorization to Enter into a Contractual
Agreement for Town Center Force Main Improvements
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PURPOSE: The purpose of this Board item is to request authorization to enter into a contractual
agreement with Roe Construction & Utility Services, Inc. for the construction of a
sanitary sewer force main to serve the eastern Town Center at a cost of$306,829.37
plus a 10% contingency.
CONSIDERA TIONS:
This project is needed to fulfill the obligation of the Schrimsher developer agreement
for the City to provide sanitary sewer service to their property, The 8" force main will run
approximately 10,000 feet from the master lift station on Winter Springs Boulevard, along
Tuscora Drive, to the Schrimsher property.
Bids for this project were opened on June 27,2001 under Bid # ITB-005-10/GE. The
City Clerks summary is attached. The low bidder was Roe Construction & Utility Services,
Inc. of Lake Mary, Florida, with a bid $294,995.05. Based on discussions staff had with the
County regarding fiber optic routes, we requested a price from the contractor to add 5, I 00 feet
. of2" conduit and were quoted an estimate of$I 1,834.32. This would raise the contract
amount to $306,829.37, The engineers estimate of construction cost was $375,000,
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August 27, 2001
Consent Agenda Item A
Page 2
The project scope of work includes the installation of approximately 10,000 feet of 8"
PVC and HDPE sanitary sewer force main, boring under all driveways and roadways to
minimize disruption to the residents, and restoration of all disturbed areas. All permits have
been received. The Capital Projects Coordinator recommendation is attached with the
engineers recommendation and agreement form,
FUNDING:
The proposed contract amount of $306,829.37 is below the $650,000 budgeted for this
project in the Utility Enterprise Fund 2000 Construction Fund Capital Improvement line code
(3640-56310). Approximately $50,000 worth of work remains to be performed at the lift
station to complete the project. The funds will be spent over the next 180 days.
. RECOMMENDATION:
It is recommended that authorization be granted to enter into a contractual
agreement with Roe Construction & Utility Services, Inc. for the construction of a
sanitary sewer force main to serve the eastern Town Center at a cost of$306,829.37
plus a 10% contingency which is payable from the Utility Enterprise Fund 2000
Construction Fund capital improvements line code (#3640-56310).
IMPLEMENT A TION SCHEDULE:
The scope of work will be completed within 180 days of issuance of the NTP.
ATTACHMENTS:
1. Capital Project Coordinator recommendation
2. City Clerk Summary - Bid #ITB-005-1 O/GE
3, Proposal and Agreement
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COMMISSION ACTION:
A TT ACHMENT NO. -1
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MEMORANDUM
FROM:
Kip Lockcuff, P.E.
Utilities/Public Works Director
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George F. Edwards, P.E. t,!J;f
Capital Projects Coordinator Iv.%'(j
Bid Analysis, Bid # ITB-005-01/GE
TO:
RE:
Town Center Off Site Sanitary Force Main
DATE:
July 20, 2001
On Wednesday, June 27, 2001, the City of Winter Springs received eight
bids for the construction of the Town Center Off Site Sanitary Force Main.
The bids received were priced as follows:
. Company Bid
Roe Construction & Utility Services, Inc. $294,995.05
Florida Contracting Company, Inc. $316,054.81
Prime Construction Group, Inc. $338,975.50
Schuller Contractors, Inc. $342,836.20
Wekiva Utility of Central Florida $357,720.50
Maxwell Contracting, Inc. $393,000.00
Cathcart Contracting Company $430,835.95
Bruce MC Gonigal, Inc. $488,217.55
The Engineer's estimate of probable construction cost of the project was
$375,000.00-$400,000.00. The amount budgeted was $650,000.00.
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SCADA-Bid Analysis/Recommendation
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EVALUATION OF RESPONSIVENESS
The low bidder, Roe Construction & Utility Services, Inc. provided all
required documentation to establish bidder responsibility. The bid may be
considered responsive.
EVALUATION OF RESPONSIBILITY
The references supplied by Roe Construction & Utility Services, Inc. were
verified with positive results. After review of the references, the Engineer,
CPH, recommended that the contract be awarded to Roe Construction &
Utility Services, Inc.
FUNDING
The low bid of $294,995.05 is below the amount budgeted for this project.
The funding source is the 2000 Utility Construction Fund.
RECOMMENDATION
In my opinion, an award of the Town Center Off-Site sanitary Force Main
Project to Roe Construction & Utility Services, Inc. is in the best interest of
the City.
IMPLEMENTATION SCHEDULE
The scope of work will be completed within 75-calendar days of the Notice
to Proceed.
Attachments:
1) City Clerk's Bid Summary
2) Engineer's Recommendation
3) Bid Analysis/Breakdown
4) Draft Contract
SCADA-Bid AnalysislRcconul1cndation
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July 18, 2001
CPH Engineers, Inc.
1117 E. Robinson St., Suite C
Orlando, Fl 32801
F'hone: (407) 425-0452
Fax: (407) 648-1036
l/IfINW.cphengineers.com
Mr. George Edwards, P.E.
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: City of Winter Springs Town Center Force Main
Engineer's Recommendation to Award Contract
CPH Project No. W0499
Dear Mr. Edwards:
The purpose of this letter is to give the Engineer's recommendation to award the Contract for
the construction of the "City of Winter Springs Town Center Force Main". We received copies
of the bid packages from the City for all of the bidders on the project. CPH Engineers has
tabulated the pay items from the bidders as well as verified references from the apparent low
bidder for the project. The apparent low bidder is Roe Construction & Utility Services, Inc. with
a total bid amount of $294,995.05.
From our review of the bid tabulation, it appears that the prices from Roe Construction & Utility
Services, Inc. reflect an understanding of the work required by the plans and specifications.
Overall, the prices for each item appear to be reasonable.
We requested that Roe Construction & Utility Services, Inc. provide us with a list of recent
references for projects they have completed in the Central Florida area so that we could verify
their work. From the information received from the references, we believe that Roe
Construction & Utility Services, Inc. has the experience and resources necessary to construct
the "City of Winter Springs Town Center Force Main" project in accordance with the plans and
specifications.
Therefore, we recommend that the City of Winter Springs award the construction contract to the
low bidder, Roe Construction & Utility Services, Inc., in the bid amount of $294.995.05.
Please contact us if additional information is needed concerning the above.
Sincerely,
E RS, INC.
David ~. Mahlr.~
Project Manager.';'
cc:
Mr. Kipton Lockcuff, P.E., Public Works Director
J:IW0499IwordIRECOMMENDA TION LETTER.doc
SMJFOFlD . OHLMJlJO . DELAND . PALM CITY . CAPE ConAL . JACKSONVillE
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A TT ACHMENT NO. 2
BID NUMBER: ITB-OOS-I0/GE
BID CLOSING: JUNE 27,2001
Bid Closing Was Called By;
Nancy Vobornik, Purchasing Coordinator
Bid Opened:
Bid Closed;
3;00 p.m.
3:06 p.m.
Witnesses;
George Edwards, Capital Projects Coordinator
Debbie Gillespie, Deputy City Clerk
Eight (8) Bids Received:
1.
WEKIV A UTILITY OF CENTRAL FLORIDA
AGENT; MR. LEE CAIN, PRESIDENT. 107 N. LINE DRIVE, SUITE 103, APOPKA FLORIDA 32703
TELEPHONE: (407) 786-1668 FACSIMILE: (407) 786-9306
BID AMOUNT: $ 357,721.00
2.
BRUCE MC GONIGAL, INC.
AGENT: MR. BRUCE D. MC GONIGAL, PRESIDENT, 3940 MOORES STATION ROAD, SANFORD,
FLORIDA 32773
TELEPHONE: (407) 330-9797 FACSIMILE: (407) 330-1258
BID AMOUNT; $486,217.55
3. MAXWELL CONTRACTING, INC
AGENT; MR. BRYAN L. MAXWELL, PRESIDENT, P.O. BOX 1998, COCOA, FLORIDA 32923-1998
TELEPHONE; (321) 632-8810 FACSIMILE: (321) 632-8065
BID AMOUNT: $393.000.00
4. ROE CONSTRUCTION & UTILITY SERVICES, INC
AGENT: MR. ALAN ROE, PRESIDENT, P.O. BOX 950448, LAKE MARY, FLORIDA 32795-0448
TELEPHONE: (407) 324-0355 FACSIMILE: (407) 320-7109
BID AMOUNT: $294,995.05
S. CA TI-ICART CONTRACTING COMPANY
AGENT: MR, JOI-IN T. CATHCART, PRESIDENT. 1757 W. BROADW A Y, SUITE 3, OVIEDO
FLORIDA 32765
TELEPHONE; (407) 366-1022 FACSIMILE: (407) 977-8349
BID AMOUNT: $ 411,910.51
6.
FLORIDA CONTRACTING COMPANY, INC.
AGENT: MR. WILLIAM CHANDLER, PRESIDENT, 379 N. STATE ROAD 415, OSTEEN, FLORIDA
32764
TELEPHONE: (407) 302-0701 FACSIMILE: (407) 302-0702
BID AMOUNT: $316.054.81
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7.
TOWN CENTER OFF-SITE SANITARY FORCE
1310 NUM I3ER: 1T13-005-10/GE
1310 OPENING DATE: JUNE 26. 2001
PAGE20F2
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SCHULLER CONTRACTORS INC.
AGENT: MR, TIM SCHULLER, PRESIDENT, 8046 A PRESIDENTS DRIVE, ORLANDO, FLORIDA
32809
TELEPHONE: (407) 355-0818 FACSIMILE: (407) 355-0848
BID AMOUNT: $342.900,00
8.
PRIME CONSTRUCTION GROUP, INC.
AGENT: MR. REYNOLDS C. HOLIMAN, VICE PRESIDENT, 1000 JETSTREAM DRIVE, ORLANDO,
FLORIDA 32824
TELEPHONE: (407) 856-8180 FACSIMILE: (407) 856-8182
BID AMOUNT: $338,975,50
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Debbie Gillespie, Deputy Ity Clerk
City of Winter Springs
Copy: Kip Lockcuff, Director, Public Works/Utility Department
Ms. Nancy Vobomik, Purchasing Department
OOCSlbidsln:sultslfyOOIO (,1T13-005-1 O/GE.doc
A TT ACHMENT NO. 3
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AGREEMENT FORM
THIS AGREEMENT MADE THIS DAY OF , 200_ 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 Roe Construction &
Utilitv Services, 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 Contract Documents, for the construction of the Town Center Off-Site Sanitary Force Main.
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 1Q days after the
issuance of a written Notice to Proceed and shall complete the work within 75 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. L1aUIDATED 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 ($10.00)
Dollars as consideration for this provision.
5. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the
CONTRACTOR in current funds for the performance of the work, subject to additions and
deductions by Change Order, the Total Contract Price of Two Hundred Ninetv Four
Thousand Nine Hundred Ninetv Five Dollars and Five Cents ($ 294,995.05). 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.
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00520-1
. 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 furnished him;
(0) 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.
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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 req~ired 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 ProQress Reports. The OWNER shall be kept familiar
with the progress and quality of the work by CONTRACTOR and may make periodic
00520-2
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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 StoppaQe 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 Emplovment. 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. FurnishinQ 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.
00520-3
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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
11 26 East State Road 434
Winter Springs, FL. 32708
407 -327 -1800
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