HomeMy WebLinkAbout2002 06 24 Consent A Air Diffuser System
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COMMISSION AGENDA
ITEM A
CONSENT X
INFORMATIONAL
PUBUC HEARING
REGULAR
June 24,2002
Meeting
MGR V'~EPT Iff
Authorizati on
REQUEST: Utility Department Requesting Approval to enter into a contract to
DesignlBuild an air diffuser system for the East Water Reclamation Facility
Sludge Digester.
PURPOSE: The purpose of this Board item is to request authorization to enter into a
contractual agreement with Cloud 9 Construction to design and build a new air
diffuser system at a cost of $59,201.00 plus contingency.
CONSIDERA TIONS:
This project is needed to correct deficiencies in the existing air diffuser
system for the final sludge digester at the East Water Reclamation Facility. This
project was advertised as a request for proposals for designlbuild services. Sealed
proposals wereppened on May 22,2002 under RFP No. ITB 014-02/KL
There were two (2) bids received. The low bidder was Cloud 9
Construction at $59,201.00 followed by General Physics Cooperation at $113,900.
The Cloud 9 submittal meets the requirements delineated in the RFP. The City
Clerks summary is attached.
The scope of work includes replacement of the existing air diffuser system
piping and headers and addition of a catwalk on the sludge digester. The
completion of this project will eliminate the need to frequently drain and clean the
clogged diffusers and enhance the safety of the operators by using the catwalk.
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Consent Agenda Item A
June 24, 2002
Page 2
FUNDING:
The funding for this project is budgeted in the current fiscal year under the
Utility Enterprise Fund capital improvements line code 3600-56310. The amount
budget for this project is $65,000.00.
RECOMMENDA TION:
It is recommended that authorization be given to enter into a contractual
agreement with Cloud 9 Construction to design and build a air header system for
the East Water Reclamation Facility final digester in the amount of $59,201.00
plus 10% contingency payable from line code 3600-56310.
IMPLEMENT A TION SCHEDULE:
The scope of work will be completed within 90 days of approval.
A TT ACHMENTS:
1. Agreement Form
2. City Clerk Summary RFP No. ITB 014-02/KL
COMMISSION ACTION:
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A TT ACHMENT NO. 1
FORM OF AGREEMENT
THIS AGREEMENT made this day of June , 2002 between the
CITY OF WINTER SPRINGS of 1126 East State Road 434, Winter Springs, Florida
, 32708, Seminole County, State of Florida, herein referred to as OWNER and Cloud 9
Construction , State of Florida, herein referred to as the
Design/Build Contractor, a person duly licensed in the State of Florida, as follows:
1. DESCRIPTION OF WORK - COORDINATOR shall perform the work, in accordance
with the Contract Documents of the Design/Build Air Diffuser System, East Water
Reclamation Facility.
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all
Technical, General and Supplementary Conditions and Sections contained in the
Project Manual; all Addenda issued prior to and all Change Orders issued after
execution of this Agreement. These form the Contract and are incorporated into this
Contract by this reference.
3. EXECUTION TIME - The COORDINATOR shall begin work within 1Q days after the
issuance of a written Notice to proceed and the contract shall be for a period of 90
days from the date of the Notice to Proceed. Extensions, if any, are
authorized by OWNER, and may only be granted in writing.
4. LIQUIDATED DAMAGES - NOT USED
5. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the
DESIGN/BUILD AIR DIFFUSER SYSTEM, EAST .WATER RECLAMATION
FACILITY CONTRACTOR in current funds for the performance of the work, subject
to additions and deductions by Change Order, the Total Contract Price of Fiftv
Nine Thousand Two Hundred and One Dollars ($ 59.201.00). Payments will be
made to the CONTRACTOR on a monthly basis as delineated in the Schedule of
Unit Prices included as a part of his Offer, which shall be as fully a part of the
Contract as if attached or repeated herein.
Thirty (30) days after presentation of the Application for Payment to Owner the
amount recommended will become due, and when due will be paid by Owner to the
CONTRACTOR.
Progress payments may be withheld if:
(A) Contractor does not file reports with Owner in a timely manner;
(B) Owner is damaged by an act for which Coordinator is responsible;
(C) Claims or liens are filed on the job; or
(D) In the opinion of the City of Winter Springs, Contractor's work is not being
performed satisfactorily.
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6. DESIGNATION OF PROJECT DIRECTOR: 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 the contract. The OWNER 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 overseen by the
CONTRACTOR and shall make periodic visits to the work sites. The OWNER
will not be responsible for the CONTRACTOR'S failure to perform the work in
accordance with the Contract Documents.
c. 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.
d. 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.
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9. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR'S duties and rights in
connection with the project herein are as follows:
a. Responsibility for Desian and Construction Supervision. Under this
contract, the CONTRACTOR shall be solely responsible for the design and
construction of this project, including the techniques, sequences, procedures and
means, for the coordination of all work. CONTRACTOR shall supervise and
direct the work, and give it all necessary attention for such proper supervision
and direction.
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict
discipline among its employees that it may employ, and 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. Furnlshlna 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 the work on the project in
accordance with the contract documents.
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d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR
shall secure all licenses and permits necessary for proper coordination of the
work, paying the fees therefor. CONTRACTOR warrants that it (and
subcontractors or tradesmen, if required and authorized in the Contract
Documents) holds or will secure all trade or professional licenses required for
CONTRACTOR to undertake the work.
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e. CONTRACTOR shall provide a written guarantee for work and materials for one
(1) calendar year after acceptance by OWNER.
10.BOND - NOT REQUIRED
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 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 No.2
REQUEST FOR PROPOSAL NUMBER: RFP-014-02/KL
DESIGNIBUILD AIR DIFFUSER SYSTEM,
EAST WATER RECLAMATION FACILITY
RFP CLOSING: MA Y22, 2002
RFP Closing Was Called By:
Nancy Vobornik, Purchasing Coordinator
RFP Opened: 3:04 p.m.
RFP Closed: 3:05 p.m.
Witnesses: George Edwards, Capital Projects Coordinator, Public Works Department
Doug Taylor, Superintendent, Utility Department
Debbie Gillespie, Deputy City gerk
Two (2) RFP'S Received:
1.
GENERAL PHYSICS CORPORATION
AGENT: ZACHARY QUANDT, DIRECTOR, 5095 SOUTH WASHINGTON AVENUE, SUITE 201,
TITUSVILLE, FLORIDA 32780
TELEPHONE: (321) 267-5253
2. CLOUD 9 CONSTRUCTION
AGENT: RICK FENDER, PRESIDENT, 500 29TH STREET, ORLANDO,
FLORIDA 32805
TELEPHONE: (407) 481-2750 FACIMILIE: (407) 841-7442
Holly Pierstorff, Assistant To The City Clerk
City of Winter Springs
Copy: Mr. Kip Lockcuff, Director, Public Works Department
Ms. Nancy Vobomik, Purchasing Department
Docs\ Word\BIDS\RESULTS\FyO 1 02\RFP-O 14-02 KL.doc
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AGREEMENT
THIS AGREEMENT made this I ( I:i day of lu~ ' 2002 between the CITY OF
WINTER SPRINGS of 1126 East State Road 432r. WI er Springs, Florida 32708, Seminole
County, State of Florida, herein referred to as OWNER and CLOUD 9 CONSTRUCTION of 500
29th Streed Orlando, FI 32805, State of Florida, herein referred to as the DESIGN BUILD
CONTRACTOR. a person duly licensed in the State of Florida, as follows:
1. DESCRIPTION OF WORK - COORDINATOR shall perfonn the work, in accordance with the
Contract Documents of the DesignlBuild Air Diffuser System, West Water Reclamation
Facility.
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all
Technical, General and Supplementary Conditions and Sections contained in the Project
Manual; all Addenda issued prior to and all Change Orders issued after execution of this
Agreement. These fonn the Contract and are incorporated into this Contract by this
reference.
3. EXECUTION TIME - The COORDINATOR shall begin work within 10 days after the issuance
of a written Notice to proceed and the contract shall be for a period of 90 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 - NOT USED
5. CONTRACT PRICE. UNIT PRICE CONTRACT - The OWNER will pay the DESIGNJBUILD
AIR DIFFUSER SYSTEM, WEST WATER RECLAMATION FACILITY CONTRACTOR in
current funds for the perfonnance of the work, subject to additions and deductions by Change
Order, the Total Contract Price of Fifty Nine Thousand Two Hundred One Dollars
($59.201), Payments will be made to the CONTRACTOR on a monthly basis as delineated in
the Schedule of Unit Prices included as a part of his Offer, which shall be as fully a part of the
Contract as if attached or repeated herein.
Thirty (30) days after presentation of the Application for Payment to OWner the amount
recommended will become due, and when due will be paid by Owner to the COORDINATOR.
Progress payments may be withheld if:
(A) Coordinator does not file reports with OWner in a timely manner;
(B) Owner is damaged by an act for which Coordinator is responsible;
(C) Claims or liens are filed on the job; or
(D) I n the opinion of the City of Winter Springs, Coordinator's work is not being perfonned
satisfactorily.
6. DESIGNATION OF PROJECT DIRECTOR: DUTIES AND AUTHORITY - The duties and
authority of the City are as follows:
a. General Administration of Contract. The primary function ofthe City is to provide the
general administration of the contract. In perfonnance of these duties Kipton Lockcuff or
his authorized representative is the City's Project Director during the entire period of the
contract. The OWNER may change the Project Director during the tenn 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 overseen by the Coordinator and shall make periodiC
visits to the work sites. The OWNER will not be responsible for the Coordinator's failure
to perfonn the work in accordance with the Contract Documents.
c. Intemretation 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 Coordinator and Owner.
d. Payment Certificates. The OWNER will detennine the amounts owing to
COORDINATOR as the work progresses, based on COORDINATOR'S applications and
OWNER's inspections and observations.
9. RESPONSIBlUnES OF CONTRACTOR - CONTRACTOR'S duties and rights in connection
with the project herein are as follows:
a. Responsibility for Des/an and Construction Supervision. Under this contract, the
CONTRACTOR shall be solely responsible for the design and construction of this project,
including the techniques, sequences, procedures and means, for the coordination of all
work. CONTRACTOR shall supervise and direct the work, and give it all necessary
attention for such proper supervision and direction.
b. Discipline and Emplovment. CONTRACTOR shall maintain at all times strict discipline
among its employees that it may employ, and agrees not to employ for work on the
project any person unfit or without sufficient skill to perfonn the job for which he was
employed.
c. Fumishina 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 facilitJes and services necessary for
the proper completion of the work on the project in accordance with the contract
documents.
d. PaYment of Taxes: Procurement of Ucenses and Pennits. CONTRACTOR shall
secure all licenses and pennits necessary for proper coordination of the work, paying the
fees therefor. CONTRACTOR warrants that it (and subcontractors or tradesmen, if
required and authorized in the Contract Documents) holds or will secure all trade or
professional licenses required for CONTRACTOR to undertake the work.
e. CONTRACTOR shall provide a written guarantee for work and materials for one (1)
calendar year after acceptance by OWNER.
10. BOND - NOT REQUIRED
11. MEDIA nONNENUE - The parties agree that should any dispute arise between them
regarding the tenns or perfonnance of this Agreement, both parties will participate in
mediation. The parties agree to equally share the cost of the mediator. Should the parties
fall 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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Signed, Sealed and Delivered
in the presence of:
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Name
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Address and Telephone
Date 407- 3!35~817
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, OWNER:" "
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CrrrQF'W1Nrk~) SPRI~GS .."
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1126 East' St~t,~J~,oad 434
Winter Springs, FL. 32708
407-327-1800