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Home My WebLink About2016 04 11 Consent 308 WTP1 Water Quality Improvements Project - Award of Construction ContractCOMMISSION AGENDA ITEM 308 Informational Consent X Public Hearings Regular April 11, 2016 KS KL Regular Meeting City Manager Department REQUEST: The Utility Department requesting authorization to enter into an agreement with Wharton - Smith, Inc. for construction of WTP #1 Water Quality Improvements, ITB #004- 16 -KL, in the amount of $4,770,000 plus a 10% contingency. SYNOPSIS: The Water Treatment Plant #1 Water Quality Improvements project is needed to comply with recent EPA regulations for Total Trihalomethane (TTHM) levels at remote sample points in the water distribution system as memorialized in a Consent Order with FDEP. The installation of the Anionic Ion - Exchange system as included in the project plans and specifications will reduce TTHM's below federal standards when completed and operational in May 2017. CONSIDERATIONS: . The WTP #1 Water Quality Improvements project consists of a number of improvements to the water treatment plant on Northern Way, including: • New Anionic Ion Exchange system - 2 vessels. • New Prefabricated Metal Building Structure. • Updated Chemical Feed system. • New Generator and Fuel Storage Tank. • Updated Electrical and SCADA Instrumentation Control Package. . The project was advertised for construction bids on February 7, 2016 as ITB /004 /16/KL. Bids were publicly opened on March 18, 2016, with the results as Consent 308 PAGE 1 OF 3 - April 11, 2016 follows: Apparent Bank Contractor Base Bid ' 1 0V P%. ,4 rton -Smit i ,2 000 , r# 2 n a r 4, 4 2 2 Fl r Des= n C.071:-.ractors. Inc ,9_33,0 0. VC, of rt % "suture, LLC S>4_-'41-305,;500-00 -L ry r i°. . tic, * %, ° r . nc ¢t r7 ,0 0. Sr. 00,33653 Nlc%iahar con tr tr ' Co., S_1_ r 2D'000-co 11 Corry -ruc -o . kLC , _�1 3 390,,=# is 1Wr5r Ctr r ,�E *46'4r, CPH reviewed the bids and provided a recommendation which is attached. All bids were determined to be complete and responsive. Their recommendation is to award to the low bidder, Wharton- Smith, Inc. at the base bid of $4,770,000. A complete bid tabulation is included in the CPH recommendation letter. Included in the bid was an Additive Alternative Item for a 3rd Ion Exchange unit that came in at an additional $500,000. However, at this time we feel comfortable that the two units included in the base bid will meet the project objectives. The base bid includes all materials to add a third unit at any time in the future. Staff may seek additional City Commission authorization during the project to proceed with the 3rd unit during the course of construction if we feel all unexpected costs have been identified and the project is still within budget. Construction of the Water Quality Improvements is expected to begin in May 2016 and be completed in May 2017. WTP #1 will remain operational during the course of construction. FISCAL IMPACT: The construction project cost is $4,770,000.00 plus a 10% contingency for a total authorization of $5,247,000.00. The project is anticipated to be funded with State Drinking Water Revolving Loan Fund proceeds which is currently in the approval process at the State. The loan agreement with the final loan amount and interest rate will be brought to the City Commission at a future meeting. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and Consent 308 PAGE 2 OF 3 - April 11, 2016 the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission authorize entering into an agreement with Wharton - Smith, Inc. for construction of the WTP #1 Water Quality Improvement Project, ITB #004 - 16-KL, in the amount of $4,770,000 plus a 10% contingency, and authorize the City Manager and the City Attorney to prepare and execute any and all applicable documents. ATTACHMENTS: 1. CPH Bid Recommendation Letter (6 pages) 2. Bid Ad Proof (1 page) 3. Agreement Form (12 pages) Consent 308 PAGE 3 OF 3 - April 11, 2016 March 30, 2016 Mr. Kipton Lockcuff, P.E. Utility /Public Works Director City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 Re: City of Winter Springs Water Treatment Plant No. 1 Water Quality Improvements Engineer's Bid Review and Recommendation CPH Project No. W04167 Dear Mr. Lockcuff: Attachment No. 1 1 '117 East Robinson St. Orlando, FL 32801 Phone: 407.425.0452 Fax: 407.648.1()36 The City of Winter Springs received ten (10) bid packages for the WTP No. 1 Water Quality Improvement System Upgrades (ITB /004/16/KL) on March 18, 2016. The project includes the following items: 1. Furnish and Install New Anionic Ion- Exchange (IEX) System. 2. Furnish and Install New Prefabricated Metal Building Structure. 3. Furnish and Install Updated Chemical Feed Systems. 4. Furnish and Install New Generator and Fuel Storage Tank. 5. Furnish and Install Updated Electrical and SCADA Instrumentation & Control Package. The City prefers to install two (2) pressure vessels at this time. Therefore, CPH prepared a bid tabulation of the ten (10) Contractors' base bids. The Bids appear reasonable for the work effort necessary to complete the project. Apparent Rank Contractor Base Bid 1 Wharton- Smith, Inc. $4,770,000.00 2 Ortega Industrial Contractors, Inc. $4,784,792.00 3 Florida Design Contractors, Inc. $4,930,000.00 4 PWC Joint Venture, LLC $4,935,500.00 5 TLC Diversified, Inc. $5,066,777.00 6 Sawcross, Inc. $5,075,000.00 7 Globaltech, Inc. $5,100,338.53 8 McMahan Construction Co., Inc. $5,120,000.00 9 Close Construction, LLC $5,373,390.00 10 Layne Heavy Civil, Inc. $5,488,465.00 Engineer's Opinion of Probable Construction Costs $5,513,234.00 Winter Srings WTP #1 Water Quality Improvements -Bid Recommendation (30 -Mar -201 6).doc All bidders were responsive in submitting the Bid Form, Bid Security and Florida Trench Safety Act Statement. The three (3) lowest bidders were requested to submit evidence of Responsibility Requirements and Bidder Evaluation Submittal Requirements. All three (3) low bidders were responsive to submit the requirements. CPH contacted up to three (3) references for each contractor and all three (3) low bidders received satisfactory references (see Attachment). Wharton- Smith, Inc. is the apparent low bidder. Wharton - Smith, Inc. has submitted all of the required documents with their bid and are all deemed responsive. Warton- Smith, Inc. has included the following subcontractors: Sinns and Thomas as electrical contractor; Curry Controls Company as instrumentation supplier and control system integrator; and Air Flow Systems, Inc. as HVAC contractor. Based on review of the proper licenses, experience as a prime contractor, and references, Wharton - Smith, Inc. appears to be a qualified and responsible contractor to perform the construction of the subject project. Therefore, we recommend the City award the Project to Wharton- Smith, Inc. Please note that we have not reviewed any financial data as we are not accounting professionals. If such a review is required, we recommend either a review by your Finance Department, or your financial adviser /accountant. Also, the contractor bonds and insurance as required by the specifications should be reviewed prior to execution of the agreement. We appreciate the opportunity to assist the City on this important project. If you have any questions, or if you require any additional information please contact me at (407) 425 -0452. Sincerely, CPH, Inc. Roberto M. Gonzalez, P.E. Sr. Project Manager Wintcr Snngs WTP »I Watu Quality Improvmems - Bid Recommendation (30- Mar- 2016).doc 21Pa,_ City of Winter Springs Bid Tablulation W nter Springs W rP No. 1 Water Quality Improvements Bid Open Date: 3118/2016 City Bitl No. ITB /004/16ML CPH Project No. W04167 FDEP Project No. DW59061 ®� ® ®® ® ®® ® ®® ® ®® ® ®® ® ®® ® ®® ® ®® REFERENCE CHECKLIST CITY OF WINTER SPRINGS ITB N0. 004/16/KL WTP NO. 1 WATER QUALITY IMPROVEMENTS Item Reference for: Wharton-Smith, Inc. No. 1 No. 2 No. 3 Project Name Country Club WTP Upgrades Markham Regional WTP Upgrades SE Regional WTP Major Upgrades Owner Seminole County Environmental Services Seminole County Environmental Services Seminole County Environmental Services Contact Rob Heaviside Terry McCue James Monahan, P.E. Address 500 W. Lake Mary Blvd., Sanford, FL 32773 500 W. Lake Mary Blvd., Sanford, FL 32773 500 W. Lake Mary Blvd., Sanford, FL 32773 Phone Number 407 - 665 -2117 407 - 665 -2040 407 - 665 -2021 Original Contract $20,358,230.00 $17,085,800.00 $22,749,076.00 Change Orders Final Contract $14,517,579.00 $17,922,801.00 $23,222,060.01 Completed on Schedule /Date 10/14/14 8/18/14 8/14/14 Constructed 6.7 MGD WTP including ozone Project included ozonation system using liquid Modification to existing WTP: constructed new Project Description generation system, two 1.2 mgd ground storage oxygen storage /feed, ion exchange system, 2 bldg. & modifications to MaOCI system, tanks, LS, LOX storage/feed s stem, etc. turbine high service pumps, electrical, etc. Emergency Generators, Ozone system, etc. Comments - 1. How was their quality of work? 1. How was their quality of work? 1. How was their quality of work? 4. Very Good Good 4. Very Good 2. Did the Contractor do most of the work or 2. Did the Contractor do most of the work or 2. Did the Contractor do most of the work or did they subcontract a lot of it? did they subcontract a lot of it? did they subcontract a lot of it? ElectricaMnstrumentation Electrical Electrical; site work; ozone gen.; concrete 3. Was the job finished on schedule? 3. Was the job finished on schedule? 3. Was the job finished on schedule? 4. Yes 4. Yes 4. Yes 4. Were they generally cooperative? 4. Were they generally cooperative? 4. Were they generally cooperative? 4. Yes 4. Yes 4. Yes 5. Did they constantly request "extras" to the 5. Did they constantly request "extras" to the 5. Did they constantly request "extras" to the contract? contract? contract? Owner Requested Owner Request + Reasonable Owner Requested; some reasonable 6. Were there any financial claims for unpaid 6. Were there any financial claims for unpaid 6. Were there any financial claims for unpaid bills through the subcontractors? bills through the subcontractors? bills through the subcontractors? No No 4. No 7. Were pay requests in accordance with 7. Were pay requests in accordance with 7. Were pay requests in accordance with work completed? work completed? work completed? Yes Yes Yes 8. Who was the Superintendent and did he do 8. Who was the Superintendent and did he 8. Who was the Superintendent and did he a good job? do a good job? do a good job? Howard Gates; Yes Jim Gramlich; Yes Forrest; Yes 9. What is the overall evaluation of the 9. What is the overall evaluation of the 9. What is the overall evaluation of the company? company? company? 8 -9 on a scale of 1 -10 9+ Excellent REFERENCE CHECKLIST CITY OF WINTER SPRINGS ITB N0. 004/16/KL WTP NO. 1 WATER QUALITY IMPROVEMENTS Item Reference for: Ortega Industrial Contractors, Inc. No. 1 No. 2 No. 3 Project Name Greenland Water Treatment Plant Crest Avenue WWTF FEB & Pumping Waste to Energy Reverse Osmosis WTP Improvements Owner JEA City of Winter Garden Pinellas County Engineering Contact Hai Vu Steve Santiago Mike Englemann, P.E. Address 21 W. Church Street, Jacksonville, FL 32202 300 W. Plant Street, Winter Garden, FL 34787 14 S. Ft. Harrison Ave., Clearwater, FL 33756 Phone Number 904 - 665 -4028 407 - 656 -4111, Ext. 5459 727 - 420 -5721 Original Contract Change Orders Final Contract $4,526,260 $2,056,124 $14,345,007.00 Completed on Schedule /Date 2014 2014 2013 New 5.67 mgd WTP. Constructed 1.0 MG pre- Construct 0.75 mgd prestressed concrete flow Construct 2.5 mgd WTP to treat pond water for Project Description stressed concrete ground storage tank, High equalization basin at exist. WWTF, install 4 Waste to Energy. New influent PS & structure, service PS, sodium hypochlorite system, etc. submersible pumps/mixer, piping, electrical sodium hypochlorite system, etc. Comments - 1. How was their quality of work? 1. How was their quality of work? 1. How was their quality of work? :. Very Good * Very Good 4. Excellent 2. Did the Contractor do most of the work or 2. Did the Contractor do most of the work or 2. Did the Contractor do most of the work or did they subcontract a lot of it? did they subcontract a lot of it? did they subcontract a lot of it? Electrical, roofing Electrical Site work; concrete finishing; stucco 3. Was the job finished on schedule? 3. Was the job finished on schedule? 3. Was the job finished on schedule? 4. Yes 4. Yes 4. Yes 4. Were they generally cooperative? 4. Were they generally cooperative? 4. Were they generally cooperative? 4. Yes 4. Yes 4. Yes 5. Did they constantly request "extras" to the 5. Did they constantly request "extras" to the 5. Did they constantly request "extras" to the contract? contract? contract? Owner Requested Owner Requested Mostly Owner Requested 6. Were there any financial claims for unpaid 6. Were there any financial claims for unpaid 6. Were there any financial claims for unpaid bills through the subcontractors? bills through the subcontractors? bills through the subcontractors? No No 4. No 7. Were pay requests in accordance with 7. Were pay requests in accordance with 7. Were pay requests in accordance with work completed? work completed? work completed? Yes Yes Yes 8. Who was the Superintendent and did he do 8. Who was the Superintendent and did he 8. Who was the Superintendent and did he a good job? do a good job? do a good job? Brian Kellogg; Yes Craig Hannah; Yes Brian Kellogg; Yes 9. What is the overall evaluation of the 9. What is the overall evaluation of the 9. What is the overall evaluation of the company? company? company? 4 out of 5 Very Good - would work with again Excellent - would work with again REFERENCE CHECKLIST CITY OF WINTER SPRINGS ITB N0. 004/16/KL WTP NO. 1 WATER QUALITY IMPROVEMENTS Item Reference for: Florida Design Contractors, Inc. No. 1 No. 2 No. 3 Project Name Seville Water Treatment Facility Modifications Village of Tequesta WTP 3.6 MGD Expansion Owner Hernando County Village of Tequesta Contact Cindy Suter Bill Reese, Kimley Horn Address 20 N. Main Street, Room 131, Brooksville, Fl 1920 Kekiva Way, West Palm Beach, 33411 Phone Number 352 - 540 -6792; 561 - 845 -0665 rick .leach co.hernandocount .fl.us Original Contract Change Orders Final Contract $2,787,250.00 $2,300,604.00 Completed on Schedule /Date October 2015 December 2011 WTP included .75 MG pre- stressed concrete Construct third reverse osmosis train (1.2 Project Description ground storage tank, high svc. PS bldg. /pumps, MGD) in exist. 3.6 MDG R.O. Plant; equip new chlorine room, 16" potable well pump/casing pump/casing Florida Aquifers wells, chemical feeds stems Comments — 1. How was their quality of work? 1. How was their quality of work? Per review of recent project experience 4. Very Good 4. Good submittal, only 2 projects were deemed 2. Did the Contractor do most of the work or 2. Did the Contractor do most of the work or similar type of work did they subcontract a lot of it? did they subcontract a lot of it? EFI Building; Crom Tank Electrical /instrumentation; painting 3. Was the job finished on schedule? 3. Was the job finished on schedule? 4. Yes 4. Yes 4. Were they generally cooperative? 4. Were they generally cooperative? 4. Yes 4. Yes 5. Did they constantly request "extras" to the 5. Did they constantly request "extras" to the contract? contract? Owner Requested; Reasonable Owner Requested 6. Were there any financial claims for unpaid 6. Were there any financial claims for unpaid bills through the subcontractors? bills through the subcontractors? No No 7. Were pay requests in accordance with 7. Were pay requests in accordance with work completed? work completed? Yes Yes 8. Who was the Superintendent and did he do 8. Who was the Superintendent and did he a good job? do a good job? Paul Brahm, Michael Farrell; Yes PM - Jeff Holtz; Yes 9. What is the overall evaluation of the 9. What is the overall evaluation of the company? company? .� Very Good — would work with again Good; would work with again Orlando Sentxl OrlandoSentind.cam Order ID: 3945094 GROSS PRICE * : $234.42 PACKAGE NAME: Orlando Sentinel Attachment No. 2 Printed: 2/3/2016 10:32:22 AM Page 1 of 1 * Agency Commission not included Product(s): Orlando Sentinel, Affidavit, Floridapublicnotices.com, Classified s.OS.com_Legals AdSize(s): 1 Column, Run Date(s): Sunday, February 07, 2016 Color Spec. B/W Preview AOWERTISEMENT FOR BIDS IWEATION TO BID Bid Proposals are hereby solicited by the City of Winter Springs, F lorida for: WATER PLANT 1 WATER [QUALITY IMPROVEMENTS Bid No. I TB/00a16fKL Sealed Bids must be received by March 11, 2016 at 2:00 P.M. at the City of Winter Springs, City Hall, 1126 East S.R. dad, Winter Springs, FL 32708 The Bidding Documents may be downloaded in pdf format from the City's website at the following link: http : / /www.winterspringsfl.oro /EN/ web/govfloids purchasing.htm This construction prolect consists of a new Anionic Ion - Exchange (I EX) System, Prefabricated Metal Building Structure, Chemical Feed Systems, Generator /Fuel Storage. and Electrical/SCADA Instrumentation. Estimated total construction cost is $6,000.000. A non- mandatory prebid meeting will be held on February 22, 2016 at 2:00 P.M. of the City of Winger Springs, City Hall Commission Chambers, followed by a field trip to the WTP. All questions regarding the bid should be directed to Roberto Gonzalez, P.E., Senior Protect Manager, at 407 -425 -0452 or by e-mail to rgonzalecphcorp. com. Questions received less than seven (7) Calendar days prior to Bid Opening will not be answered. Bids should meet compliance with State Revolving Loan Fund, American Iron and Steel (AIS) requirements. AIS provision requires drinking wager state revolving fund (DWS R F) assistance recipients use Iron and Steel products that are produced in the United Stages. Any Contract or Contracts awarded under this invitation for bids are going to be funded from the Florida Department of Environmental Protection Drinking Water SR F. Neither the State nor any of its departments, agencies or employees Is or will be a party to this invitation for bids or any resulting contract. This procurement will be sublect to the requirements of Chapter 62 -552 of the Florida Administrative Code. SE M394.%94 VN16 Attachment No. 3 Winter Springs WTP #1 Upgrades 00500-1 THIS AGREEMENT MADE THIS DAY OF , 20 between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referred as OWNER) and a corporation authorized and du TV] licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follow 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance 7 with the Contract Documents for the construction of Water Plant I Water Quality Improvements. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions, 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. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documen aring on the Agreement between the OWNER and CONTRACTOR, the inconsisten shall be resolved by giving precedence in the following order: I c. Special Conditions d. General Conditions Any inconsistency in the work description shall be clarified by the OWNER and perforined by CONTRACTOR. February 2016 Agreement or Winter Spi ing, W1 P I Water Qim I ity Improvements Spec, i Bid Safi,dkwx Winter Sprinas WTP 91 Uwarades 00500-2 is reasonably equivalent to the brand name specified. The OWNER has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER prior to use of the substitute for a specified brand name and allow the OWNER to make a determination before CONTRACTOR uses the substitute. February 2016 Agreement Form Winter Spy [Ig" 7 Water Qimlity Improvement, Spec, i Bid Safi,dkwx Winter Springs WTP #1 Upgrades 00500-3 b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the or hereunder; or 1=011041111��' �=- I 2 1121 1 e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while performing its obligations under this Agreement, or f. CONTRACTOR is experiencing a labor dispute, which threatens to hav substantial, adverse impact upon performance of this Agreerneni� witheo prejudice to any other right, or remedy OWNER may have under this Agreemen] 10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemes 7— invalid, against public policy, void, or otherwise unenforceable by a court of law, t parties, at the sole discretion and option of the OWNER, shall negotiate an equitab adjustment in the affected provision of this Agreement. The validity and enforceability the remaining parts of this Agreement shall otherwise be fully enforceable I 11. 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 OWNER or OWNER's Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if February 2016 Agreement or Winter Spi mg, W1 P I Water Qim I ity Improvement, Spec, i Bid Safi,dkwx Winter Springs WTP #1 Upgrades 00500-4 a. or is found defective and not remedied, 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. 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, I a. Outstanding claims of liens; or d. Failure of CONTRACTOR to comply with any special guarantees required by the Contract Documents. February 2016 Winter Spi Ing, W1 P I Water Qim I ity Improvement, Spec, i Bid Safi,dkwx Agreement or Winter Springs WTP #1 Upgrades 00500-5 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE TRCHITECT: DUTIES AND AUTHORITY - The duties and authority of the OWNER are as follows: a. General Administration of Contract. The primary function of the OWNER to provide the general administration of the contract. In performance of the duties, Kipton Lockcuff, P.E., or his authorized representative is the OWNER Project Manager during the entire period of construction. The OWNER (CIT may change the Project Manager during the term of this contract. I d. Interl2retation of Contract Documents: Decisions on Disgutes. The OV�rNE will be the initial interpreter of the contract document R requirements, and ma decisions on claims and disputes between CONTACTOR and OWNER. e. Reiection and Stoppa2e of Work. The OWNER shall have authority to rejea work which in its opinion does not conform to the Contract Documents, and this connection may stop the work or a portion thereof, when necessar, f. Pgy nt Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTR ACT OR's applications and NE 's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 14. PROGRESS MEETING — OWNER'S Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the OWNER, during the to of work entered into under this Agreement. CONTR ACT OR's Project Manager and all other appropriate personnel shall attend such meetings as designated by the OWNER'S Project Manager. February 2016 Agreement or Winter Spi mg, W1 P I Water Qim I ity Improvement, Spec, i Bid Safi,dkwx Winter Syrinas WTP 91 Uwarades 00500-6 15. 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 solely responsible for all construction under this contract, including t techniques, sequences, procedures and means, for the coordination of all wor CONTRACTOR shall supervise and direct the work, and give it all attenti necessary for such proper supervision and direction. I b. Discipline and Emplo ment. 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 f all labor, materials and equipment, including tools, construction equipment a machinery, utilities, including water, transportation, and all other facilities a 11 work necessary for the proper completion of work on the project in accordan I with the Contract Documents. e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. 16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the OWNER. a. If upon receiving written approval from OWNER, any part of this Agreement is subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to OWNER for all acts and/or omissions performed by the Subcontractor as if no subcontract had been made. b. If OWNER determines that any Subcontractor is not perforining in accordance with this Agreement, OWNER shall so notify CONTRACTOR who shall take immediate steps to remedy the situation. c. If CONTRACTOR, prior to the commencement of any Work subcontracts aim part of this Agreement by the Subcontractor, CONTRACTOR shall 11 February 2016 Agreement or Winter Spi mg, W1 P I Water Qim I ity Improvement, Spec, i Bid Safi,dkwx Winter Sprinas WTP 91 Uyarades 00500-7 Subcontractor to provide OWNER and its affiliates with insurance coverage as set forth by the OWNER. 17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OWNER and CONTRACTOR. 19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, CONTR ACT ORs, and agents while performing work provided hereunder. 22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOJ reby represents and warrants to the OWNER the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement, February 2016 Agreement or Winter Spi mg, W1 P I Water Qim I ity Improvement, Spec, i Bid Safi,dkwx Winter Springs WTP #1 Upgrades 00500-8 c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein, In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to the execution of this Agreement. 23. BOND - CONTRACTOR shall supply a materials, Pero n-nance and payment bond(s) in accordance with Florida law and to the satisfaction of OWNER, in an amount specified in the Contract Documents. 24. INSURANCE - During the term of this Agreement, CONTRACTOR shall responsible for providing the types of insurance and limits of liability as set fort I c. CONTRACTOR shall maintain, during the life of this Agreement, adequalm Workers' Compensation Insurance in at least such amounts as are required by la and Employer's Liability Insurance in the minimum amount of $2,000,000 for of its employees performing Work for the OWNER pursuant to this Agreement.] Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current February 2016 Agreement or Winter Spi ing, W1 P I Water Qim I ity Improvement, Spec, i Bid Safi,dkwx Independent Associates and Consultants. All independent CONTRACTORs or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in paragraph 24. 25. MEDIATIONNENUE - The parties agree that should any dispute arise between the regarding the terms or performance of this Agreement, both parties will participate mediation. The parties agree to equally share the cost of the mediator. Should the parti fail to resolve their differences through mediation, then any cause of action fil hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. I 26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the ter' this Agreement, the prevailing party shall be entitled, to the extent permitted by law,,] recover from the non-prevailing party the costs and expenses of such action includin ri but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. MIN 30. DOCUMENTS - Public Records: It is hereby specifically agreed that any recor ument, computerized information and program, audio or video tape, photograph, other writing of CONTRACTOR and its independent CONTRACTORs and associat related, directly or indirectly, to this Agreement, may be deemed to be a Public Recol February 2016 Agreement or Winter Spfing, W1 P I Water Qimlity Improvements Spec, fflidSafi,dkwx CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to the Florida Public Records CONTRACTOR agrees that to the extent any document produced by CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with the Florida Public Records Law. 32 HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. February 2016 Agreement or Winter Spi ing, W1 P I Water Qim I ity Improvements Spec, i Bid Safi,dkwx February 2 16 Agreement or Winter Spi mgd WI P I Water timhty Improvements Spec, i Bid Setj.dncx Winter Syrinas WTP 91 Uvarades 00500-12 For CONTRACTOR: City of Winter Springs Winter Springs, FL 32708 Either party may change the notice address by providing the other party written notice of the change. lrllafl■� Witness Name Witness Business Address Date OWNER: CITY OF WINTER SPRINGS By: Kevin L. Smith City Manager Witness 1126 East State Road 434 Winter Springs, FL. 32708 407-327-1800 U0 a Ll X4 9 "1 February 2016 Agreement or Winter Spi mg, W1 P I Water Qim I ity Improvement, Spec, i Bid Safi,dkwx