2307 IFB 19/20-30 Main Water Treatment PlantThe item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Development Order
❑
Mayor's signature
❑
Final Plat (original mylars)
❑
Recording
❑
Letter of Credit
❑
Rendering
❑
Maintenance Bond
Safe keeping (Vault)
❑
Ordinance
❑
Deputy City Manager
❑
Performance Bond
❑
Payment Bond
❑
Resolution
❑
City Manager Signature
❑
❑
City Clerk Attest/Signature
❑
City Attorney/Signature
Once completed, please:
❑ Return originals to Purchasing- Department
❑ Return copies
El
Special Instructions Agreement and CC approved agenda item
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From
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Date
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THIS AGREEMENT, made this day of V'etf�_)aa-A % 2026, by and between
the City of Sanford, a municipal corporation of the State of Florida, holding tax-exempt status,
hereinafter referred to as the Owner, and Sawcross, Inc. , whose principal address is
10970 New Berlin Road, Jacksonville, FL 32226, doing business as a(n) (individual, partnership,
corporation), and hereinafter referred to as the Contractor. The Owner and Contractor are
collectively referred to herein as the Parties.
The Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
1.01 CONTRACT DOCUMENTS
A. The Contract Documents include the Agreement, Addenda (which pertain to the
Contract Documents), the Contractor's Bid, Notice to Proceed, the required Bonds and
Insurance, the General Conditions, the Supplementary Conditions, the Specifications
listed in the Index to the Project Manual, any technical specifications as incorporated
by the Project Manual; the Contract Drawings, all Written Amendments, Change
Orders, Work Change Directives, Field Orders, the Engineer's written interpretations
and clarifications issued on or after the Effective Date of this Agreement, and all
documents which are fully a part of the Contract with the Owner are identified by title
and number as set forth below, and all documents are agreed to be incorporated into
the Contract as if physically attached to the Contract and are, further, agreed to be
incorporated into the Contract as if fully set forth therein verbatim.
B. The Contract Documents which comprise the entire Agreement between the Owner
and the Contractor concerning the Work consist of the following:
1. This Agreement, executed by both Parties.
2. Project Manual bearing the title "Sanford Main WTP Improvements, consisting
of Volume No.'s I through 111, and containing all instructions, terms, general
and supplementary conditions, bid documents, and technical specifications for the
Project.
3. Contract Drawings consisting of a cover sheet; index of sheets and engineering
design plan sheets (civil sheets; mechanical, structural, architectural sheets; and
electrical, controls, instrumentation, HVAC, PICS and SCADA sheets) with each
sheet bearing the following general title: "Sanford Main WTP Improvements".
4. Addenda applicable to the Bid.
5. Contractor's Bid Form (Section 00300).
6. Qualifications Statement (Section 00305).
7. Public Entities Crime Affidavit (Section 00420).
8. Criminal Background Check Requirements and Affidavit (Section 00425).
9. Trench Safety Act Compliance (Section 00430).
10. Drug -Free Workplace Certification (Section 00470).
11. Non -Collusion Affidavit (Section 00480).
12. Conflict of Interest Affidavit (Section 00482).
13. Compliance with Public Records Law Affidavit) (Section 00484).
14. Disputes Disclosure Form (Section 00486).
15. Contract Claim Form (Section 00550).
16. Performance Bond (Section 00610).
17. Labor and Materials Payment Bond (Section 00620).
18. Material and Workmanship Bond (Section 00625).
19. Consent of Surety to Final Payment (Section 00627).
20. Americans with Disabilities Act Affidavit (Section 00630).
21. Unauthorized (illegal) Alien Workers Affidavit (Section 00632).
22. E -Verify Compliance Affidavit (Section 00634).
23. Financial Information Form (Section 00636).
24. Certification of Non -Segregated Facilities (Section 00653).
25. Receipt of Exempt Public Records and Agreement to Safeguard (Section
00655).
26. Notice of Award (Section 00660).
27. Notice to Proceed (Section 00661).
28. Contractor's Partial Release of Lien Form (Section 00662).
29. Contractor's Final Release of Lien Form (Section 00663).
F1,
30. Subcontractor's Final Release of Lien Form (Section 00664).
31. Application and Certificate for Payment Form (Section 00680).
32. Contract Change Order (Section 00681).
33. Work Directive Form (Section 00683).
34. Field Order Form (Section 00685).
35. General Conditions (Section 00700).
36. Supplementary Conditions (Section 00800).
37. FDEP Supplementary Conditions (Section 00805).
38. Classification and Wage Determination (Davis Bacon Act).
39. American Iron and Steel (Section 00809).
40. Certificate of Substantial Completion (Section 00848).
41. Certificate of Final Completion (Section 00849).
42. Certificates of Insurance.
43. Schedule of Values.
44. Additional documents that are not specifically listed above but which are
included in the Project Manual and any additional documents agreed upon by
the Parties shall be included as part of the Contract.
C. The Contract Documents may only be amended, modified or supplemented as
provided in the General Conditions and amended by the Supplementary Conditions.
D. These documents form the Agreement and all are as fully a part of the Agreement as
if attached to this Agreement or repeated herein. As the documents indicated above
are executed they shall become a part of the Owner's official set of Contract
Documents.
1.02 SCOPE OF WORK
A. The Contractor will commence and complete the construction of the Sanford Main
INTP Improvements.
B. The Owner may exercise it right to engage in sales tax recovery/savings through
"Owner Direct Purchase" of equipment from the manufacturer -s, including, but
not limited to, the following: (1) high service potable water pumps; (2) chemical feed
systems; (3) package lift station; (4) electric overhead hoist and trolley system; (5)
masonry; (6) precast structures; (7) furnishings; and (8) items identified in Article 1.04
of Section 00300, "Bid Form".
The Contractor will be required to install the above referenced equipment and all
ancillary equipment and appurtenances as part of this Project and in association with
the Contract Documents.
C. The Contractor will furnish all of the remaining material, supplies, tools, equipment,
labor and other services necessary for the construction and completion of the Sanford
Main WTP Improvements as described herein.
D. The Contractor shall furnish all of the remaining material, supplies, tools, equipment,
labor and other services necessary for the construction and completion of the Sanford
Main WTP Improvements that generally consists of, but is not limited to, the following
elements:
1. A "new" 2 -story Main WTP Operations Building to include an Operations Center
Control room, meeting/breakroom, laboratory, administrative offices, high service
pumping room, restrooms, reception area, electrical and mechanical rooms,
chemical storage rooms, etc.
2. Installation of pumping, piping, valving and metering systems.
3. Installation of chemical feed, storage and pumping systems.
4. Electrical, controls, and instrumentation system improvements.
5. SCADA system improvements.
6. Diesel engine driven generator with weatherproof enclosure.
7. Facility wall, fencing, lighting and security systems.
8. Site work, yard piping, stormwater management system improvements, plant
internal roadway improvements, signage, landscaping, sodding, facility irrigation
system, and miscellaneous appurtenances and ancillaries.
9. Demolition of two on-site buildings (the existing WTP operations/pumping building
and the one-story office building) and all associated infrastructure and the legal
disposal of all demolished materials after the new Main WTP Operations Building
is constructed and all systems and equipment have passed demonstration tests and
are operational.
E. It is further understood that the methods of accomplishing the work of this Project as
shown on the Contract Drawings are general in nature and not intended to be
complete or accurate in all details or respects with actual field conditions and the
Contractor shall make such adjustments or departures as required and as approved by
the Engineer and Owner to accomplish the intent. If the Contractor determines that
departures are necessary from the Contract Documents, he shall submit such
departures and the reasons therefore with shop drawings to the Engineer. Approved
departures shall be made at no additional cost to the Owner.
4
1.03 ENGINEER
A. The Project has been designed by CPH, Inc. who is hereinafter referred to as the
Engineer, and who will assume all duties and responsibilities and will have the rights
and authority assigned to the Engineer in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
B. Contact Information
CPH, Inc.
500 West Fulton Street
Sanford, FL 32771
Phone No.: (407) 322-6841
Project Manager: Benjamin M. Fries (bfriesp_cphcorp.com)
(bfriesl P_brightliouse.com)
1.04 CONTRACT TIME AND LIQUIDATED DAMAGES
A. The Contractor will commence the work required by the Project Manual/Contract
Documents within ten (10) calendar days after the date of the Notice to Proceed and
shall "substantially" complete the work within five hundred forty (540) consecutive
calendar days, and "finally" complete the work within five hundred seventy (570)
consecutive calendar days.
B. Liquidated Damages
1. The "existing" facility consists of older infrastructure that will be demolished after
construction, demonstration testing and all new systems are functional and
operational. Therefore, the Contractor shall ensure that the project's critical path
is the timely construction, testing, and readiness for operation, of the "proposed"
improvements.
2. It is expressly understood by both the Owner and Contractor that Time Is of the
Essence with respect to the Project and Agreement and that the Owner will suffer
financial loss if all of the Work is not substantially complete within the time frame
identified in Article 1.03(A) above, plus any extensions thereof allowed in
accordance with the General Conditions.
3. The Owner and Contractor also recognize the delays, expense and difficulties
involved in proving, in a legal arbitration proceeding, the actual loss suffered by the
Owner if the Work is not "substantially" complete "on-time". Accordingly, instead
of requiring such proof, the Owner and Contractor agree that as liquidated damages
for delay (but not as a penalty), the Contractor shall pay the Owner the sum of One
Thousand Two Hundred Fifty Dollars ($1,250) for each calendar day that expires
after the time stipulated in Article 1.03(A) above for project "substantial" completion
for the various portions of the Project until the Work is substantially complete. The
amount represents an estimate of the Owner's damages for regulatory agency
fines, loss of use and administrative costs associated with delay.
4. After Substantial Completion, if the Contractor shall neglect, refuse or fail to
complete the remaining Work within the time specified in Article 1.04(A) for "final"
completion and readiness for final payment or any proper extension thereof granted
by the Owner, the Contractor shall pay the Owner One Thousand Dollars ($1,000)
for each calendar day that expires after the time specified in Article 1.04(A) for
completion and readiness for final payment. This amount represents the Owner's
damages for regulatory agency fines, loss of use and administrative costs
associated with delay.
1.05 CONTRACT PRICE
A. The Owner will pay to the Contractor, in current funds for the performance of the work,
and at such times as set forth in the General Conditions, such amounts required by the
Contract Documents.
B. The Contractor agrees to perform all of the Work described in the Contract Documents
for construction of the Sanford Main V117P Improvements and comply with the terms
therein for a Total Bid Amount of Seven Million Six Hundred Ninety -One Thousand
Dollars ($7,691,000).
C. Payments will be made to the Contractor based on the Schedule of Values (SOV),
which shall be as fully a part of the Contract as if attached or repeated herein, and
subject to completion of the work, in accordance with the Contract Documents.
1.06 OWNER DIRECT PURCHASES AND SALES TAX RECOVERY
A. The Contractor shall cooperate with the Owner in the implementation of the Owner's
sales tax recovery program and, to that end, the Owner may make purchases directly
under its purchase order processes relative to various materials, supplies and
equipment that may be part of the services provided under this Agreement.
B. The Contractor hereby recognizes the right of the Owner to engage in sales tax
recoverylsavings through Owner Direct Purchases (ODPs).
1.07 PAYMENT PROCEDURES
A. The Contractor shall submit Applications for Payment (AFP) in accordance with the
General Conditions, as amended by the Supplementary Conditions. Applications for
Payment will be processed by the Engineer as provided in the General Conditions. The
Contractor shall use the AFP Form found in Section 01030, "Applications for Payment".
Payment items are described in Section 01025, "Measurement and Payment".
B. The Owner shall make progress payments on account of the Contract Price on the
basis of the Contractor's Applications for Payment as recommended by Engineer, on
monthly intervals during construction as provided below. All progress payments will be
on the basis of the progress of the Work.
C. Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below, but in each case, less the aggregate of payments
previously made and less such amounts as the Engineer shall determine, or the Owner
may withhold, in accordance with the General Conditions and as amended by the
Supplementary Conditions.
Ninety percent (90%) of the value of Work completed, with the balance being retainage.
Ninety percent (90%), with the balance being retainage of the value of materials and equipment
2 not incorporated in the Work, but delivered, suitably stored and accompanied by documentation
satisfactory to the Owner as provided in the General Conditions and amended by the
Supplementary Conditions.
Upon Substantial Completion, the Owner may, at his option, increase total payments to the
Contractor to ninety-five percent (95%) of the Contract Price, with the balance being retainage,
less such amounts as the Engineer shall determine, or the Owner may withhold, in accordance
with the General Conditions and amended by the Supplementary Conditions.
D. Final Payment
1. Upon final completion and acceptance of the Work in accordance with the General
Conditions, and as amended bythe Supplementary Conditions, the Owner shall pay
the remainder of the Contract Price as recommended by the Engineer as provided
in the General Conditions and amended in the Supplementary Conditions.
E. The Contractor shall certify at the time of each progress payment that the work covered
by the partial payment has been completed in accordance with the Contract Documents
and that all amounts have been paid by the Contractor for which previous certificates
or payment were issued and that all subcontractors and materialmen have been paid.
The Contractor shall consent tojoint checks with subcontractors and materialmen in the
event it fails to make timely payments when due or to submit affidavits or certificates
as requested herein.
F No change orders, additions, modifications or deletions shall be allowed nor
compensable, unless the Contractor has "prior" written approval from the Owner
and Engineer. Said "prior" written approval must specify the nature of the change and
any adjustment to the time of completion and contract price.
1.08 CONTRACTOR'S REPRESENTATIONS
A. In order to induce the Owner to enter into this Agreement, the Contractor makes the
following representations:
1. The Contractor has examined and carefully studied the Contract Documents,
including the Addenda, and the other related data identified in the Bidding
Documents including "technical data".
2. The Contractor has visited the project site and become familiar with and is
satisfied as to the general, local and site conditions that may affect cost, progress,
performance or furnishing of the Work.
3. The Contractor is familiar with and is satisfied as to all federal, state and local laws
and regulations that may affect cost, progress, performance and furnishing of the
Work.
4. The Contractor has carefully studied all drawings, reports of explorations
and tests of subsurface conditions at or contiguous to the site and all drawings
of physical conditions in or relating to existing surface or subsurface structures at
or contiguous to the site including underground facilities which have been identified
in the Supplementary Conditions. The Contractor acknowledges that such reports
and drawings are not Contract Documents and may not be complete for the
Contractor's purposes. The Contractor acknowledges that the Owner and Engineer
do not assume responsibility for the accuracy or completeness of information and
data shown or indicated in the Contract Documents with respect to underground
facilities at or contiguous to the site. The Contractor has obtained and carefully
studied, or assumes responsibility for having done so, all such additional
supplementary examinations, investigations, explorations, tests, studies and data
concerning conditions (surface, subsurface and underground facilities) at or
contiguous to the site or otherwise which may affect cost, progress, performance
or furnishing of the Work or which relate to any aspect of the means, methods,
techniques, sequences and procedures of construction to be employed by the
Contractor and safety precautions and programs incident thereto. The Contractor
does not consider that any additional examinations, investigations, explorations,
tests, studies or data are necessary for the performance and furnishing of the Work
at the Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents.
5. The Contractor is aware of the general nature of Work to be performed by the
Owner and others at the site that relates to the Work as indicated in the Contract
Documents.
6. The Contractor is specifically aware of the contractual terms relating to
changes of Contract Price and Time as described in Article 12 of the General
Conditions as supplemented and amended in the Supplementary Conditions.
7. The Contractor has correlated the information known to the Contractor,
information and observations obtained from site visits to the Sanford Main
INTP, reports and drawings identified in the Contract Documents and all
additional examinations, investigations, explorations, tests, studies and data with
the Contract Documents.
8. The Contractor has given the Engineer written notice of all conflicts, errors,
ambiguities or discrepancies that the Contractor has discovered in the
Contract Documents and the written resolution thereof by the Engineer is
acceptable to the Contractor, and the Contract Documents are generally sufficient
to indicate and convey understanding of all terms and conditions for performance
and furnishing of the Work.
Y-11 M11:4 INNITTIMMIX967dAIIIINIM
A. The following additional terms and conditions shall be made part of this agreement and
shall be binding upon all parties:
1 . Terms used in this Agreement which are defined in Article 1 of the Section 00700,
"General Conditions", will have the meanings indicated in the General Conditions
and as amended in Section 00800, "Supplementary Conditions" and Section 00805,
"FDEP Supplementary Conditions", Section 00807, "Classification and Wage
Determination (Davis Bacon Act)" and Section 00809, "American Iron and Steel".
2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
except to the extent that the effect of this restriction may be limited by law, and
unless specifically stated to the contrary in any written consent to an assignment.
No assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
3. The Owner and Contractor each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and
legal representatives in respect of all covenants, agreements and obligations
contained in the Contract Documents.
4. The Contractor agrees to indemnify and hold the Owner, Engineer and others, as
defined in the Section 00700, "General Conditions", and as amended by Section
00800, "Supplementary Conditions", Section 00805, "FDEP Supplementary
Conditions", harmless from any and all claims, suits, actions, damages, causes of
action, or attorney's fees, arising from any personal injury, loss of life, or damage
to person or property sustained by reason of or as a result of the products or
services supplied in the performance of this Agreement.
5. The Contractor agrees to indemnify and hold the Owner, Engineer and others, as
defined in the Section 00700, "General Conditions", and as amended by Section
00800, "Supplementary Conditions", Section 00805, "FDEP Supplementary
Conditions", harmless from any and all claims, suits, actions, damages, causes of
action, or attorney's fees, arising from any personal injury, loss of life, or damage
to person or property sustained by reason of, or as a result of the negligence,
recklessness, or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Agreement.
6. The Contractor hereby warrants and represents to the Owner that it is competent
and otherwise able to provide professional and high quality goods and/or services
to the Owner by means of employees who are neat in appearance and of polite
demeanor.
7. All submissions submitted by the Contractor in the proposals/bid submitted to the
Owner and Engineer are hereby incorporated herein to the extent not inconsistent
with the terms and conditions as set forth herein.
8. The Contractor acknowledges that the Owner may retain other goods and/or service
providers to provide the same goods and/or services for Owner projects. The
Contractor acknowledges that the Owner, at the Owner's option, may request
proposals from the Contractor and the other goods and/or service providers for
Owner projects. The Owner reserves the right to select which goods and/or
services provider shall provide goods and/or services for the Owner's projects.
9. The Contractor agrees to provide and ensure coordination between all
goods/services providers.
10. Each party hereto represents to the other that it has undertaken all necessary
actions to execute this Agreement, and that it has the legal authority to enter
into this Agreement and to undertake all obligations imposed on it. The
person(s) executing this Agreement for the Contractor certify that he/she/they
is/are authorized to bind the Contractor fully to the terms of this Agreement.
11. The Contractor hereby guarantees the Owner that all materials, supplies,
services and equipment as listed on a Purchase Order meet the requirements,
specifications and standards as provided for under the Federal Occupations
Safety and Health Act of 1970, from time to time amended and in force on the
date hereof.
12. It is agreed that nothing herein contained is intended or should be construed as
in any manner creating or establishing a relationship of co-partners between the
parties, or as constituting the Contractor (including, but not limited to, its
officers, employees, and agents) the agent, representative, or employee of the
Owner for any purpose, or in any manner, whatsoever. The Contractor is to be
and shall remain forever an independent Contractor with respect to all services
performed under this Agreement.
13. Persons employed by the Contractor in the provision and performance of the
goods and/or services and functions pursuant to this Agreement shall have no
claim to pension, workers' compensation, unemployment compensation, civil
service or other employee rights or privileges granted to the Owner's officers
and employees either by operation of law or by the Owner.
14. No claim for goods and/or services furnished by the Contractor not specifically
provided for herein shall be honored by the Owner.
15. Execution of this Agreement by the Contractor is a representation that the
Contractor is familiar with the goods and/or services to be provided and/or
performed and with local conditions. The Contractor shall make no claim for
additional time or money based upon its failure to comply with this Agreement.
The Contractor has informed the Owner, and hereby represents to the Owner,
that it has extensive experience in performing and providing the services and/or
goods described in this Agreement and that it is well acquainted with the
components that are properly and customarily included within such projects and
the requirements of laws, ordinance, rules, regulations or orders of any public
authority or licensing entity having jurisdiction over the Owner's Projects.
16. Quality, Professional Standards, and Security Requirements
a. Under this paragraph, the term "Contractor's employees" shall include
Contractor's agents, employees and Subcontractors extending to
Subcontractors agents and employees.
b. The Contractor shall be responsible for the professional quality,
accepted standards, technical accuracy, neatness of appearance of
employees, employee conduct, safety, and the coordination of all
services furnished by the Contractor under any Agreement resulting from
this solicitation. The Owner reserves the right to require all Contractor
employees, when on Owner property or the Project site, to wear
identification badges at all times which, at a minimum, provides the name
of the employee and the Contractor.
c. The Owner reserves the right to require the Contractor to provide to
the Owner a list of employees working on the project. Also, the list shall
include employee working days, times and assignments within forty-eight
(48) hours of the Owner's written request for such information. This
information will be reviewed, screened and verified by the Owner, prior to
the employees of the Contractor entering the Owner's premises and/or the
Project site.
d. The Contractor shall comply with Section 2-67 of the Sanford City
Code as it relates to security screenings of private Contractors and
employees of private Contractors. The Contractor shall cause each
person found by the City Commission to be functioning in a position critical
to the security and/or public safety of the Owner by reason of access to any
publicly owned or operated facility to undergo the following inquiries and
procedures conducted by the City of Sanford:
1) Fingerprinting in accordance with the Owner's pre-employment
procedures;
2) Submission of the fingerprints to the Florida Department of Law
Enforcement (FDLE) for state criminal history evaluation; and
3) Submission of the fingerprints to the Federal Bureau of Investigation
(FBI) for a national criminal history evaluation.
e. Such confidential information shall be used by the Owner to determine
a person's eligibility to function in such critical employment
position(s) as described. Additionally, the Owner may request and the
Contractor shall provide the name, address and social security number and
licenses (driver's, commercial drivers license or CDL, or other operator's
license) for employees of the Contractor and/or Subcontractors that may
work on the Owner's premises in positions found by the City Commission to
be critical to the security and/or public safety of the Owner by reason of
access to any publicly owned or operated facility. The Contractor shall
release such information upon approval of the affected employees. If an
employee refuses to authorize the release of their address, social security
number and/or licenses they shall not be allowed to work or continue to work
in such critical positions.
The Contractor shall work closely with the Owner on all aspects of the
provision of the goods and/or services. With respect to services, the
Contractor shall be responsible for the professional quality, technical
accuracy, competence, methodology, accuracy and the coordination of all
of the following which are listed for illustration purposes and not as a
limitation: documents, analysis, reports, data, plans, plats, maps, surveys,
11
specifications, and any and all other services of whatever type or nature
furnished by the Contractor under this Agreement. The Contractor shall,
without additional compensation, correct or revise any errors or deficiencies
in his/her/its plans, analysis, data, reports, designs, drawings, specifications,
and any and all other services of whatever type or nature. The Contractor's
submissions in response to the subject bid or procurement processes are
incorporated herein by this reference thereto.
17. Neither the Owner's review, approval or acceptance of, nor payment for, any of
the goods and/or services required shall be construed to operate as a waiver of
any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement and the Contractor shall be and remain liable to
the Owner in accordance with applicable law for all damages to the Owner
caused by the Contractor negligent or improper performance or failure to
perform any of the goods and/or services furnished under this Agreement.
18. The rights and remedies of the Owner, provided for under this Agreement, are
in addition to any other rights and remedies provided by law,
19. Time is of the essence in the performance of all goods and/or services provided
by the Contractor under the terms of this Agreement.
20. Invoices, which are in an acceptable form to the Engineer and Owner and
without disputable items, which are received by the Engineer and Owner, will be
processed for payment within thirty (30) days of receipt.
21. The Contractor will be notified of any disputable items contained in invoices
submitted by the Contractor within fifteen (15) days of receipt by the Engineer
and Owner with an explanation of the deficiencies.
22. The Owner and the Contractor will make every effort to resolve all disputable
items contained in the Contractor's invoices.
23. Each invoice shall reference this Agreement, the appropriate billing period.
24. The Florida Prompt Payment Act shall apply when applicable. A billing period
represents the dates in which the Contractor completed goods and/or services
referenced in an invoice.
25. Invoices are to be forwarded directly the Owner's designated Construction
Engineering, Inspection and Management (CEIM) representative, as identifed
at the preconstruction meeting, for review and processing.
26. The Owner designates the City Manager or his/her designated representative,
to represent the Owner in all matters pertaining to and arising from the work and
the performance of this Agreement.
27. The City Manager, or his/her designated representative, shall have the following
responsibilities:
a. Examination of all work and rendering, in writing, decisions indicating the
Owner's approval or disapproval within a reasonable time so as not to
materially delay the work of the Contractor;
iv,
b. Transmission of instructions, receipt of information, and interpretation and
definition of Owner's policies and decisions with respect to design, materials,
and other matters pertinent to the work covered by this Agreement;
c. Giving prompt written notice to the Contractor whenever the Owner official
representative knows of a defect or change necessary in the project; and
d. Coordinating and managing the Contractor's preparation of any necessary
applications to governmental bodies, to arrange for submission of such
applications.
28. Until further notice from the City Manager, the designated representative for
this Agreement is:
Bilal Iftikhar, P.E., Public Works/Utility Director
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
29. The Owner may terminate this Agreement for convenience at any time or for
any one (1) or more of the reasons as follows:
a. If, in the Owner's opinion, adequate progress is not being made by the
Contractor due to the Contractor 's failure to perform; or
b. If, in the Owner's opinion, the quality of the goods and/or services provided
by the Contractor is/are not in conformance with commonly accepted
professional standards, standards of the Owner, and the requirements of
Federal and/or State regulatory agencies, and the Contractor has not
corrected such deficiencies in a timely manner as reasonably determined by
the Owner; or
c. The Contractor, or any employee or agent of the Contractor, is indicted or
has a direct charge issued against him for any crime arising out of or in
conjunction with any work that has been performed by the Contractor; or
d. The Contractor becomes involved in either voluntary or involuntary
bankruptcy proceedings, or makes an assignment for the benefit of
creditors; or
e. The Contractor violates the Standards of Conduct provisions herein or any
provision of Federal, State or local law or any provision of the Owner's Code
of Conduct.
30. In the event of any of the causes of termination, the Owner's designated
representative may send a certified letter to the Contractor requesting that the
Contractor show cause why the Agreement should not be terminated. If
assurance satisfactory to the Owner of corrective measures to be made within
a reasonable time is not given to the Owner within seven (7) calendar days of
the date of the letter, the Owner may consider the Contractor to be in default,
and may then immediately terminate this Agreement.
13
31. In the event that this Agreement is terminated for cause and it is later
determined that the cause does not exist, then this Agreement or the
Purchase/Work Order shall be deemed terminated for convenience by the
Owner and the Owner shall have the right to so terminate this Agreement
without any recourse by the Contractor.
32. The Contractor may terminate this Agreement only if the Owner fails to pay the
Contractor in accordance with this Agreement.
33. Notwithstanding any other provision of this Agreement, the Owner shall have the
right at any time to terminate this Agreement in its entirely without cause, if such
termination is deemed by the Owner to be in the public interest, in writing of
deficiencies or default in the performance of its duties under the Agreement and
the Contractor shall have ten (10) days to correct same or to request, in writing,
a hearing. Failure of the Contractor to remedy said specified items of deficiency
or default in the notice by either the Owner's designated representative within
ten (10) days of receipt of such notice of such decisions, shall result in the
termination of the Agreement, and the Owner shall be relieved of any and all
responsibilities and liabilities under the terms and provisions of the Agreement.
34. The Owner shall have the right to terminate this Agreement without cause with
a sixty (60) day written notice to the other party. The Owner reserves the right
to terminate any Agreement for cause with a five (5) day written notice to the
Contractor. Notice shall be served to the parties as specified in the Agreement.
35. In the event that this Agreement is terminated, the Owner shall identify any
specific work to be continued to completion pursuant to the provisions of this
Agreement.
36. In the event that after the Owner termination for cause for failure of the
Contractor to fulfill its obligations under this Agreement it is found that the
Contractor has not so failed, the termination shall be deemed to have been for
convenience and without cause.
37. In the event this Agreement is terminated or canceled prior to final completion
without cause, payment for the unpaid portion of the services provided by the
Contractor to the date of termination and any additional services shall be paid
to the Contractor.
38. Upon receipt of notice of termination, given by either party, the terminated party
shall promptly discontinue the provision of all goods and/or services, unless the
notice provides otherwise.
39. The performance or provision of the Contractor's goods and/or services under
this Agreement may be suspended by the Owner at any time.
40. In the event the Owner suspends the performance or provision of the Contractor
services hereunder, the Owner shall so notify the Contractor in writing, such
suspension becoming effective within seven (7) days from the date of mailing,
and the Owner shall pay to the Contractor within thirty (30) days all
compensation which has become due to and payable to the Contractor to the
effective date of such suspension. The Owner shall thereafter have no further
obligation for payment to the Contractor for the suspended provision of goods
14
and/or services unless and until the Owner's designated representative notifies
the Contractor in writing that the provision of the goods and/or services of the
Contractor called for hereunder are to be resumed by the Contractor.
41. Upon receipt of written notice from the Owner that the Contractor's provision of
goods and/or services hereunder are to be resumed, the Contractor shall
continue to provide the services to the Owner.
42. The Contractor agrees that it will not discriminate against any employee or
applicant for employment for work under this Agreement because of race, color,
religion, sex, age, national origin or disability and will take affirmative steps to
ensure that applicants are employed and employees are treated during
employment without regard to race, color, religion, sex, age, national origin or
disability. This provision shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment advertising; layoff or
termination; rates of pay or their forms or compensation; and selection for
training, including apprenticeship. The Contractor, moreover, shall comply with
all the requirements as imposed by the Americans with Disability Act, the
regulations of the Federal government issued thereunder, and any and all
requirements of Federal or State law related thereto.
43. Indemnity and Insurance
a. To the fullest extent permitted by law, the Contractor shall indemnify, hold
harmless and defend the Owner, the Engineer, engineering subconsultants,
their agents, servants, officers, officials and employees, or any of them,
from and against any and all claims, damages, losses, and expenses
including, but not limited to, attorney's fees and other legal costs such as
those for paralegal, investigative, and legal support services, and the actual
costs incurred for expert witness testimony, arising out of or resulting from
the performance or provision of services required under this Agreement,
provided that same is caused in whole or in part by the error, omission,
negligent act, failure to act, breach of contract obligation, malfeasance,
officers, officials, employees, or subcontractors. Additionally, the Contractor
accepts responsibility for all damages resulting in anyway related to the
performance of work. In no event, shall either party be responsible or liable
to the other for any incidental, consequential, or indirect damages, whether
arising by contract or tort.
b. In accordance with Section 725.06, Florida Statutes, adequate consideration
has been provided to the Contractor for this obligation, the receipt and
sufficiency of which is hereby specifically acknowledged.
c. Nothing herein shall be deemed to affect the rights, privileges, and
immunities of the Owner as set forth in Section 768.28, Florida Statutes.
d. In claims against any person or entity, indemnification under this Section by
an employee of the Contractor or its agents or subcontractors, anyone
directly or indirectly employed by them or anyone for whose acts they may
be liable, the indemnification obligation under this Section shall not be
limited by a limitation on amount or type of damages, compensation, or
15
benefits payable by or for the Contractor or its agents or Subcontractors,
under Workers Compensation acts, disability benefits acts, or other
employee benefit acts.
e. The execution of this Agreement by the Contractor shall obligate the
Contractor to comply with the indemnification provision of this Agreement;
provided, however, that the Contractor must also comply with the provisions
of this Agreement relating to insurance coverage.
f. The Contractor shall submit a report to the Owner within twenty-four (24)
hours of the date of any incident resulting in damage or which is reasonably
likely to result in a claim of damage.
44. The Contractor shall obtain or possess and continuously maintain the insurance
coverage as set forth and required in the Bid documents.
45. All insurance other than Workers Compensation and Professional Liability that
must be maintained by the Contractor shall specifically include the Owner,
Engineer and engineering subconsultants as an additional insured.
46. The Contractor shall provide Certificates of Insurance to the Owner evidencing
that all such insurance is in effect prior to the issuance of the first
Purchase/Work Order under this Agreementfrom the Owner. These Certificates
of Insurance shall become part of this Agreement. Neither approval by the
Owner nor failure to disapprove the insurance furnished by a Contractor shall
relieve the Contractor of the Contractor's full responsibility for performance of
any obligation including the Contractor's indemnification of the Owner, Engineer
and engineering consultants under this Agreement. If, during the period which
an insurance company is providing the insurance coverage required by this
Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2)
no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the
requisite Best's Rating and Financial Size Category, the Contractor shall, as
soon as the Contractor has knowledge of any such circumstance, immediately
notify the Owner and immediately replace the insurance coverage provided by
the insurance company with a different insurance company meeting the
requirements of this Agreement. Until such time as the Contractor has replaced
the unacceptable insurer with insurance acceptable to the Owner, the
Contractor shall be deemed to be in default of this Agreement.
47. The insurance coverage shall contain a provision that requires that prior to any
changes in the coverage, except increases in aggregate coverage, thirty (30)
days prior notice will be given to the Owner by submission of a new Certificate
of Insurance.
48. The Contractor shall furnish Certificates of Insurance directly to the Engineer
and Owner's Designated Representative. The certificates shall clearly indicate
that the Contractor has obtained insurance of the type, amount and
classification required by this Agreement.
49. Nothing in this Agreement or any action relating to this Agreement shall be
construed as the Owner's waiver of sovereign immunity beyond the limits set
forth in Section 768.28, Florida Statutes.
in
50. The Owner shall not be obligated or liable under the terms of this Agreement to
any party other than the Contractor. There are no third party beneficiaries to
this Agreement.
51. The Contractor is an independent Contractor and not an agent, representative,
or employee of the Owner. The Owner shall have no liability except as
specifically provided in this Agreement.
52. All insurance shall be primary to, and not contribute with, any insurance or self-
insurance maintained by the Owner.
53. The Contractor warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Contractor, to
solicit or secure this Agreement and that the Contractor has not paid or agreed
to pay any person, company, corporation, individual or firm other than a bona
fide employee working solely for the Contractor, any fee, commission,
percentage, gift, or any other consideration, contingent upon or resulting from
the award of making this Agreement.
54. The Contractor shall not discriminate on the grounds of race, color, religion,
sex, or national origin in the performance of work under this Agreement or
violate any laws pertaining to civil rights, equal protection or discrimination.
55. The Contractor hereby certifies that no undisclosed (in writing) conflict of
interest exists with respect to the Agreement, including, but not limited to, any
conflicts that may be due to representation of other clients, customers or
vendees, other contractual relationships of the Contractor, or any interest in
property that the Contractor may have. The Contractor further certifies that any
conflict of interest that arises during the term of this Agreement shall be
immediately disclosed in writing to the Owner. Violation of this Section shall be
considered as justification for immediate termination of this Agreement.
56. The Contractor shall ensure that all taxes due from the Contractor are paid in
a timely and complete manner including, but not limited to, occupational license
tax.
57. If the Owner determines that any employee or representative of the Contractor
is not satisfactorily performing his/her assigned duties or is demonstrating
improper conduct pursuant to any assignment or work performed under this
Agreement, the Owner shall so notify the Contractor, in writing. The Contractor
shall immediately remove such employee or representative of the Contractor
from such assignment.
58. The Contractor shall not publish any documents or release information
regarding this Agreement to the media without prior approval of the Owner.
59. The Contractor shall certify, upon request by the Owner, that the Contractor
maintains a drug free workplace policy in accordance with Section 287.0878,
Florida Statutes. Failure to submit this certification may result in termination.
17
60. If the Contractor or an affiliate is placed on the convicted vendor list following
a conviction for a public entity crime, such action may result in termination by
the Owner. The Contractor shall provide a certification of compliance regarding
the public crime requirements set forth in State law upon request by the Owner.
61. The Owner reserves the right to unilaterally terminate this Agreement if the
Contractor refuses to allow public access to all documents, papers, letters, or
other materials subject to provisions of Chapter 119, Florida Statutes, and other
applicable law, and made or received by the Contractor in conjunction, in any
way, with this Agreement.
62. The Contractor shall comply with the requirements of the Americans with
Disabilities Act (ADA), and any and all related Federal or State laws which
prohibits discrimination by public and private entities on the basis of disability.
63. The Contractor shall comply with the requirements of the Davis Bacon Act
(Classification and Wage Determination), American Iron and Steel (AIS) Act
and the FDEP Supplementary Conditions.
64. The Owner will not intentionally award publicly -funded contracts to any
Contractor who knowingly employs unauthorized alien workers, constituting a
violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)
Section 274A(e) of the Immigration and Nationally Act (INA). The Owner shall
consider the employment by the Contractor of unauthorized aliens, a violation
of Section 274A(e) of the INA. Such violation by the Contractor of the
employment provisions contained in Section 274A(e) of the INA shall be
grounds for immediate termination of this Agreement by the Owner.
65. The Contractor agrees to comply with Federal, State, and local environmental,
health, and safety laws and regulations applicable to the goods and/or services
provided to the Owner. The Contractor agrees that any program or initiative
involving the work that could adversely affect any personnel involved, citizens,
residents, users, neighbors or the surrounding environment will ensure
compliance with any and all employment safety, environmental and health laws.
66. The Contractor shall ensure that all goods and/or services are provided to the
Owner after the Contractor has obtained, at its sole and exclusive expense, any
and all permits, licenses, permissions, approvals or similar consents.
67. If applicable, in accordance with Section 216.347, Florida Statutes, the
Contractor shall not use funds provided by this Agreement for the purpose of
lobbying the Legislature, the judicial branch or State agency.
68. The Contractor shall advise the Owner in writing of it who has been placed on
a discriminatory vendor list, may not submit a bid on a contract to provide goods
or services to a public entity, or may not transact business with any public entity.
69. The Contractor shall not engage in any action that would create a conflict of
interest in the performance of that actions of any Owner employee or other
person during the course of performance of, or otherwise related to, this
Agreement or which would violate or cause others to violate the provisions of
Part III, Chapter 112, Florida Statutes, relating to ethics in government.
18
70. The Contractor shall maintain books, records, documents, time and costs
accounts and other evidence directly related to its provision or performance of
services under this Agreement. All time records and cost data shall be
maintained in accordance with generally accepted accounting principles.
71. The Contractor shall maintain and allow access to the records required under
this Section for a minimum period of five (5) years after the completion of the
provision or performance goods and/or services under this Agreement and date
of final payment for said goods and/or services, or date of termination of this
Agreement.
72. The Owner may perform, or cause to have performed, an audit of the records
of the Contractor before or after final payment to support final payment under
any Purchase/Work Order issued hereunder. This audit shall be performed at
a time mutually agreeable to the Contractor and the Owner subsequent to the
close of the final fiscal period in which goods and/or services are provided or
performed. Total compensation to the Contractor may be determined
subsequent to an audit as provided for in this Section, and the total
compensation so determined shall be used to calculate final payment to the
Contractor. Conduct of this audit shall not delay final payment as required by
this Section.
73. In addition to the above, if Federal, State, County, or other entity funds are used
for any goods and/or services under this Agreement, the Comptroller General
of the United States or the Chief Financial Officer of the State of Florida, or the
County of Seminole, or any representatives, shall have access to any books,
documents, papers, and records of the Contractor which are directly pertinent
to goods and/or services provided or performed under this Agreement for
purposes of making audit, examination, excerpts, and transcriptions.
74. In the event of any audit or inspection conducted reveals any overpayment by
the Owner under the terms of the Agreement, the Contractor shall refund such
overpayment to the Owner within thirty (30) days of notice by the Owner of the
request for the refund.
75. The Contractor agrees to fully comply with all State laws relating to public
records.
76. The Contractor agrees that if any litigation, claim, or audit is started before the
expiration of the record retention period established above, the records shall be
retained until all litigation, claims or audit findings involving the records have
been resolved and final action taken.
77. The Contractor shall not sublet, assign or transfer any interest in this
Agreement, or claims for the money due or to become due out of this
Agreement to a bank, trust company, or other financial institution without written
Owner approval. When approved by the Owner, written notice of such
assignment or transfer shall be furnished promptly to the Owner.
78. Any Contractor proposed Subcontractors shall be submitted to the Owner for
written approval prior to the Contractor entering into a subcontract.
Subcontractor information shall include, but not be limited to, State registrations,
business address, occupational license tax proof of payment, and insurance
certifications.
19
79. The Contractor shall coordinate the provision of goods and/or services and work
product of any Owner approved Subcontractors, and remain fully responsible
for such goods and/or services and work under the terms of this Agreement.
80. Any subcontract shall be in writing and shall incorporate this Agreement and
require the Subcontractor to assume performance of the Contractor's duties
commensurately with the Contractor's duties to the Project Owner under this
Agreement, it being understood that nothing herein shall in any way relieve the
Contractor from any of its duties under this Agreement. The Contractor shall
provide the Owner with executed copies of all subcontracts.
81. The Contractor shall reasonably cooperate at all times with the Owner and other
Owner Contractors, the Engineer and other professionals.
82. This Agreement is the result of bona fide arms length negotiations between the
Owner and the Contractor and all parties have contributed substantially and
materially to the preparation of the Contract. Accordingly, this Agreement shall
not be construed or interpreted more strictly against any one party than against
any other party.
83. This Agreement is to be governed by the laws of the State of Florida.
84. The venue for any legal proceeding related to this Agreement shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
85. Neither party shall be considered in default in performance of its obligations
hereunder to the extent that performance of such obligations, or any of them,
is delayed or prevented by Force Majeure. Force Majeure shall include, but not
be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic,
fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or
ordinance or other act of government, or any act of God or any cause whether
of the same or different nature, existing or future; provided that the cause
whether or not enumerated in this Section is beyond the control and without the
fault or negligence of the party seeking relief under this Section.
86. This Agreement, together with the exhibit(s), if any, constitutes the entire
integrated Agreement between the Owner and the Contractor and supersedes
all prior written or oral understandings in connection therewith. This Agreement,
and all the terms and provisions contained herein, including without limitation
the exhibits hereto, constitute the full and complete agreement between the
parties hereto to the date hereof, and supersedes and controls over any and all
prior agreements, understandings, representations, correspondence and
statements whether written or oral.
87. This Agreement may only be amended, supplemented or modified by a formal
written amendment.
88. Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the
parties.
all
89. Written notice requirements of this Agreement shall be strictly construed and
such requirements are a condition precedent to pursuing any rights or remedies
hereunder. The Contractor agrees not to claim any waiver by Owner of such
notice requirements based upon Owner having actual knowledge, implied,
verbal or constructive notice, lack of prejudice or any other grounds as a
substitute for the failure of the Contractor to comply with the express written
notice requirements herein. Computer notification (e-mails and message
boards) shall not constitute proper written notice under the terms of the
Agreement.
90. The failure of the Owner to insist in any instance upon the strict performance of
any provision of this Agreement, or to exercise any right or privilege granted to
the Owner hereunder shall not constitute or be construed as a waiver of any
such provision or right and the same shall continue in force.
91. The Contractor shall not have the right to compel the exercise of the ad valorem
taxing power of the Owner.
92. In no event shall any obligation of the Owner under this Agreement be or
constitute a general obligation or indebtedness of the Owner, a pledge of the
ad valorem taxing power of the Owner or a general obligation or indebtedness
of the Owner within the meaning of the Constitution of the State of Florida or
any other applicable laws, but shall be payable solely from legally available
revenues and funds.
93. Each exhibit referred to and attached to this Agreement is an essential part of
this Agreement. The exhibits and any amendments or revisions thereto, even
if not physically attached hereto, shall be treated as if they are part of this
Agreement.
94. The Section headings and captions of this Agreement are for convenience and
reference only and in no way define, limit, describe the scope or intent of this
Agreement or any part thereof, or in any way affect this Agreement or construe
any provision of this Agreement.
95. If any term, provision or condition contained in this Agreement shall, to any
extent, be held invalid or unenforceable, the remainder of this Agreement, or the
application of such term, provision or condition to persons or circumstances
other than those in respect of which it is invalid or unenforceable, shall not be
affected thereby, and each term, provision and condition of this Agreement shall
be valid and enforceable to the fullest extent permitted by law when consistent
with equity and the public interest.
96. All provisions of this Agreement shall be read and applied in para materia with
all other provisions hereof.
97. In the event of a dispute related to any performance or payment obligation
arising under this Agreement, the parties agree to exhaust any alternative
dispute resolution procedures reasonably imposed by the Owner prior to filing
suit or otherwise pursuing legal remedies.
RE
98. The Contractor agrees that it will file no suit or otherwise pursue legal remedies
based on facts or evidentiary materials that were not presented for
consideration to the Owner in alternative dispute resolution procedures or which
the Contractor had knowledge and failed to present during the Owner
procedures.
99. In the event that Owner procedures are exhausted and a suit is filed or legal
remedies are otherwise pursued, the parties shall exercise "best efforts" to
resolve disputes through voluntary mediation. Mediator selection and the
procedures to be employed in voluntary mediation shall be mutually acceptable
to the parties. Costs of voluntary mediation shall be shared equally among the
parties participating in the mediation.
100. This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original, but all of which, taken together, shall constitute one
and the same document.
101. The Contractor shall ensure that all subcontractors, including all lower tier
subcontractors and labor staffing agencies, abide by all wage and reporting
requirements.
1.10 SIGNATORIES
IN WITNESS WHEREOF, the Owner and Contractor have executed, or caused to be
executed by their duly authorized officials, this Agreement in triplicate, each of which shall
be deemed an original on the date first above written,
This Agreement will be effective on
NIA
City of Sanford, Florida
300 North Park Avenue
Sanford, FL 32771
R
x - V- LA �- Upood A-(7
Name (typed)
mq� C)
Title
Date -sAv 0 yz.j)""
(SEAL)
Attest: ��WOA 41W, O -UNI -11
Name:
(Typed)
Title: b -N 0 tf r K
23
CONTRACTOR
Sawcross, Inc.
10970 New Berlin Road
Jacksonville, FL 32226
Mark Hickinbotharn
Name (typed)
President
Title
12/1/2020
Date
(SEAL)
Attest:
Name: Christina Parker
(Typed)
Title: Preconstruction Services Manager
License No.: CGC036203
CITY OF
F-71
LLJ
Sjk-N.FORD
FLORIDA
CITY COMMISSION MEMORANDUM 20-247
DECEMBER 14,2020 AGENDA
To: Honorable Mayor and Members of the City
PREPARED BY: Bilal Iftikhar, Public Works & Utilities Dir(
SUBMMED BY: Norton N. Bonaparte, Jr.. City Manager ,,%
SUBJECT: Award to Sawcross. Inc.: Main Water Vlant
STRATEGIC PmRrnes:
F -j Unify Downto,,vn & the Waterfront
F-1 Promote the City's Distinct Culture
E] Update Regulatory Framework
r-1 Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
WS— RMx
Item No. 8.H
Project
Approval of award for contractual services related the Main Water Plant Improvements to
Sa-,vcross Inc. in the amount of $7,691.000 is requested.
FISCAL/STAFFING STATEMENT:
The amount of the proposed award is $7,691,000. Funds are available in the Capital Main Plant
Improvements Other Than Building Fund.
The Project is funded Linder State Revolving Fund (SRF) Loan Number DW590192 as
administered by the Florida Department of Environmental Protection. The loan amount approved
is $14,964,000, which includes funds for construction and demolition during construction and post
design technical services to CPH, Inc. who has been involved from the commencement of this
procurement activity and has been fully involved in the procurement activities involving this
procurement as well as project design services.
The proposed fee is 61% of the authorized administration amount. The total loan includes
$9,664,000 for the Main Water Plant Improvements Project and $3,800,000 for water meter
replacement plus a contingency of $1,224,000.
As part of the SRF loan. the City obtained principal forgiveness in the amount of $2,800,000 and
the interest rate on the remaining principal of $12,164.000 is 0.13)% percent. The City Commission
has previously authorized this loan by adopting Resolution No. 2020-2866.
BACKGROUND:
The City advertised, for the contractual services applicable to the Main Water Plant Improvements
Project and under IFB #19/20-30 in accordance with the City's Purchasing Policies and
Procedures, as certified by the City's Purchasing Manager.
The City received four bids as follows from the following bidders all of which bidders were
determined to be responsive and responsible by CPH, Inc.. the manager of the procurement activity
on behalf of the City. with Benjamin M. Fries. Vice -President of CPIJ. Inc., as the principal in
charge of the procurement activity:
Bidder: Amount of Bid:
(1). Sawcross, Inc. (Jacksonville, Florida): $7,691,000
(2). Wharton -Smith, Inc. (Lake Monroe, Florida): $8.117,000
(3). Florida Design Contractors. Inc. (Lake Park, Florida): $8,160,000
(4). Joint venture of WPC Industrial Contractors, LLC
(Jacksonville, Florida) and Randall Environmental, Inc.
(Apopka, Florida): $9,465,591
The City has obtained the funding from SRF in the amount of $14,964.000 for the construction of
the Project. The City's design engineering firm has completed the design and permitting. The
City's Main Water Treatment Plant is approaching 50 years in age and in order to ensure reliability
and availability of replacement parts, the facility must be upgraded.
The upgrades include the replacement of the existing Water Treatment Plant operations/pumping
building, new pumps and piping, a new generator, a new electrical system and controls, new
chemical feed system, new office and storage, site improvements, landscaping and demolition of
the existing Water Treatment Plant operations/pumping building.
CPH, Inc. recommended award of the contract to Sawcross, Inc. as the lowest responsive and
responsible bidder. City procurement and utility staff concur in that recommendation.
LEGAL REVIEW:
The City Attorney*s office has reviewed the contract documents drafted by others and has
concluded that the contract documents, in the form presented, constitute a contract document that
will bind the City and the contractor. City staff and the City Clerk have provided comments relative
to the City's compliance with the City's Purchasing Policies and Procedures and the Sunshine
Law. The City Attorney has provided
comments relative to various issues involving such matters.
RECOMMENDATION:
City staff recommends that the City Commission find that Sawcross, Inc. was the lowest
responsive and responsible bidder and award the Main Water Plant Improvements Project contract
to Sawcross, Inc. in the amount of $7.691,000 in the forni developed by the City's consultant.
SUGGESTED MOTION:
"I move to find that Sawcross, Inc. was the lowest responsive and responsible bidder and to award
the Main Water Plant Improvements Project contract to Sawcross Inc., in the amount of $7,691,000
as proposed."
Attachments: (1). Scope of services.
(2). IFB # 19/20-30.
(3). CPH Recommendation.
(4). Bid opening minutes,
October 6, 2020
K4c Bikd KUkhar, P.E.
Public Works/Utility Direotor
City ofSanford
3OON.Park Avenue
Sanford, Florida 32771
Re: Recommendation toAward the Construction Contract for the
Sanford Main VVTPImprovements
|FB No. 18/20-30
DeorBUm|:
The following are the Bid ueeuVa for the Sanford Main VVTP Improvements Project received by
the City of Sanford on October 1, 2020 at 4:00 pm:
G���Inc. (Jacksonville, FL)
Wharton -Smith, Inc (Lake Monroe, FL) 11 $8,117,000
Florida Design Contractors, Inc. (Lake Park, FL) U $8,100,000
NPC Industrial ConoactomandRandmVEnvirommanta/-JointYontue(Apopxa f4 11 $9,465591
VVehave reviewed the four /4>bids for accuracy and conformance with the Contract Documents
and have evaluated the responsiveness and references ofthe lowest, raaponeive, responsible
bidder. 8avvuroas. Inc. has received favorable comments from each respondent with regard to
quality of work, finishing on time, and overall cooperation. Each of the respondents indicated
that Smworoas. Inc. has satisfactorily worked on numerous utility projects, performing various
water and wastewater treatment facility irnpn)vementm, collection system and fVroemain projects
and various utility projects eetheGeneoa|[|ontrachor.
8awcross. Inc, has indicated that, if awarded the Contract, they will initiate mobilization and
begin the shop drawing process within three (3) weeks of the Project Notice to Proceed (NTP)
Sanford Main WTP Improvements - Prqect Manuel 00645-3
17. The insurance requirements for this project are as follows:
Worker's Compensation Employer's Liability: $1,000,000
Certificates of exemption are not acceptable in lieu of workers Each Accident: $1,000,000
compensation insurance Disease: $1,000,000
Commercial General Liability
The coverage shall include bodily injury liability, Property Damage Per Occurrence: $3,000,000
liability; Personal Injury liability and Advertising injury liability
Coverages shall include: Premises/Operations; Prod ucts/Com pleted General Aggregate: $3,000,000
Operations; Contractual liability; Independent Contractors, Explosion;
Collapse; Underground
Comprehensive Auto Liability, CSL Combined Single Limit: $1,000,000
Shall include "Any Auto" or shall include all of the following: owned, General Aggregate: $1,000,000
leased, hired, non -owned autos, and scheduled autos.
Builder's Risk (All Risk for construction cost of Project)
The coverage shall include theft, sinkholes, off-site storage, transit,
installation and equipment breakdown. Permission to occupy shall be 100% of the completed value of the project
included and the policy shall be endorsed to cover the interest of all
parties, including the Owner, the Engineer, all contractors and
subcontractors, their consultants, agents, representative and
18. Certification
A. It is noted that the Owner has a contractual relationship with the named Contractor,
applicable to e purchase order' work order, contract orother form of commitment
by the Ovvner, whether inwriting ornot and has no such contractual relationship
with the Contractor's insurance carrier. Therefore, the onus is onthe Contractor
tVinsure that they have the insurance coverage specified bythe Owner tVmeet all
contractual obligations and expectations ofthe Owner. Further, aethe Contractor's
insurance coverage is a matter between the vendor and its insurance carrier, the
Owner will turn to the Contractor for relief as o result ofany damages or alleged
damages for which the Contractor is responsible to indemnify and hold the Owner
harmless. |tisunderstood that the Contractor may satisfy relief tothe Owner for
such damages either directly orthrough its insurance coverage; exclusions bythe
insurance carrier not withstanding, the Owner will expect relief from the Contractor.
August 5, 2020 Insurance Requirements
Based on our evaluation of the Bido, we recommend that the City of Sanford accept and
authorize award of the construction contract for a Total Project Contract Price of $7,691,000
to Semx;rwms, Inc. for the Sanford Maio VVTP Improvements Project (|FB 18/20-30).
If you have any questions or need additional information from regarding this matter, please do
not hesitate tocontact us.
Sincerely,
CPH, INC.
Benjamin M. Fries
Vice -President
CPH, Inc.
50West Fulton Street
Sanford, FL32771
mz David A.Giermch.P.E. (CPH-Sanhord)
Richard Casella (City ofSanford)
Mehoo|Onjonez (City of Sanford)
CITY OF SANFORD, FLORIDA - PURCHASING DIVISION
SOLICITATION OPENING CERTIFICATION AND MINUTES (Section 255.0518, Florida Statutes)
Solicitation Title: Sanford Main WTP Improvements
Number: IFB 19/20-30 Opening Date: 10/1/2020 Opening Time: 4:00 p.m.
Documents Including Announcement of This Opening Are Available for Viewing or Downloading
at www.myvendorlink.coni
Location of Opening: Commission Chambers
1. On this date the opening of the solicitation response identified above is hereby verified and
the public announcements recorded below regarding the solicitations received were duly
made. It is noted that no other business was conducted, there were no discussions and no input
was received from anyone in attending. There was no attendance record made.
X IFB - Announced the name of each bidder and the amount of their bid
RFP - Announced the name of each respondent
RFQ - Announced the name of each respondent
If any submission was not opened and/or announced: check this item and indicate on
tabulation below specific information as to why the submission was not opened or
announced
X All submissions were opened and read. The tabulation below reflects the information read
2. Name of City Employe ho anngrunceckthe bids: Marisol Ordonez
Certification (1) by.,
Marisol Orclonez, Purchasing ManaRer
Certification (2) 3�tL« tk Lindsey Bojadzijev, Purchasing Ana
3. The public notice indicated by § 286.0105 and 286.011 Florida Statutes is not required because no rule, resolution,
or formal action has taken place or considered at this opening. Therefore, a verbatim record of the solicitation
specifically identified above is not required if a person, in accordance with City of Sanford Policy Number 15.,
elects to file a protest or appeal an action associated with the identified solicitation.
Florida Statute 119.071: Sealed bids, proposals, or replies received by an agency pursuant to a competitive
solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency
provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies,
whichever is earlier. Note., City of Sanford Procurement Procedure 6-S00 mandates that as applicable to an IFS: the name of each
bidder and the specific amount of the bid will be shored at the opening; or an RFP or RFQ the name of each person or firm will be
shored at the opening, (Florida Statures may be found at: http.-11www.leg.stote.f1. us/stotutesl)
Tabulation
Bidder
Bid Total
Florida Design Contractors, Inc.
$8,160,000.00
Sawcross, Inc
$7,691,000.00
Wharton Smith, Inc
$8,117,000.00
WPC Industrial Co & Randall Environmental
$9,465,591.00
Initial here if tabulation is attached in lieu of using the above tabulation or if additional pages are attached.
It is noted that this is page 1 of 1 pages