HomeMy WebLinkAboutItem VI (A1) Withers-Maguire Construction - Phase I Award Bidder to Low Bidder Mitchell Building Contractors, Inc in the Amount of $87,276 •
AGENDA 10-6-92
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI A 1
OcQee LESTER DABBS,JR.
`
' CITY OF OCOEE RU SON
a 150 N.LAKESHORE DRIVE PAUL W.FOSTER
0 OCOEE FLORIDA 34761
(407)656-2322 VERN COMBS
SAM WOODSON
OP G 0 CITY MANAGER
ELLIS SHAPIRO
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: Montye Beamer , Director of Administrative Services Th
DATE : October 1 , 1992
RE : WITHERS-MAGUIRE CONSTRUCTION - PHASE I
On September 25 , 1992 , the three pre-qualified contractors
submitted their bids; the fourth withdrew from consideration before
the submitted deadline . The attached bid tabulation shows the
results . The lowest bid including alternates was Mitchell Building
Contractors , Inc . ; all necessary documents required by the bid have
been received.
.
L_ _-
PL1d5C I construction includes :
1 . Foundation Repair
2 . Structure Repair/Leveling
3 . Front/Rear Porch Repair
4 . Exterior Siding/Trim Repair
5 . Exterior Door Repair
6 . Window Repair
7 . Exterior Surface Prep & Paint
Work is to be completed in 120 days from date of Notice to Proceed.
Because the electricity and water will be off during the work the
house will be closed during all construction. The Historical
Commission has been so advised.
Action Requested
The Honorable Mayor and Board of City Commission ( 1 ) award the
Withers-Maguire Phase I construction to Mitchell Building
Contractors , Inc . in the amount of $07 , 276 . 00 , ( 2 ) approve the
contract , and ( 3 ) authorize the Mayor and City Clerk to execute.
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CONTRACT
THIS AGREEMENT, made and entered into this day of , 1992,
by and between the CITY OF OCOEE, Florida, a municipal corporation of the State of
Florida, party of the first part (hereinafter sometimes called the "CITY"), and
MITCHELL BUILDING CONTRACTORS. INC.
Party of the second part, (hereinafter sometimes called the "CONTRACTOR").
WITNESSETH: The parties hereto, for the considerations hereinafter set forth,
mutually agree as follows:
Article 1. Scope of Work: The CONTRACTOR shall furnish and deliver all labor,
materials, and equipment and perform all the work in a satisfactory and workman like
manner, required to complete the project entitled
RENOVATIONS TO THE WITHERS-MAGUIRE HOUSE-PHASE 1
in strict and entire conformity with the Plans, Technical Specifications and other
Contract Documents, which are duly approved by the CITY and which said Plans,
Specifications and other Contract Documents are hereby made part of this Agreement
as fully and with the same effects as if the same had been set forth at length in the
body of this Agreement.
Article 2. The Contract Sum: The CITY shall pay to the CONTRACTOR for the said
work, when fully completed, and subject to the additions and deductions provided in
the Contract Documents, the total Bid Price of ETC WPY SEVEN THOUSAND TWO
HUNDRED SEVENTY SIX and NO/100 Dollars ($ 87,276 .00 ).
Article 3. Partial and Final Payments: In accordance with the provisions set forth in the
"General Conditions", and subject to additions and deductions as provided, the CITY
shall pay the CONTRACTOR as follows:
a. On the 8th day, or the first business day thereafter, of each calendar month, the
CITY shall make partial payments to the CONTRACTOR on the basis of a certified
approved estimate of work performed during the preceding calendar month by the
CONTRACTOR (submitted by the 1st of the month), less ten percent (10%) of the
amount of such estimate which is to be retained by the CITY until all work has been
performed strictly in accordance with the Agreement and until such work has been
accepted by the CITY.
b. Final payment on account of this Agreement shall be made within thirty (30) days
after completion by the CONTRACTOR of all work covered by this Agreement and
acceptance of such work by the CITY, if the CONTRACTOR has submitted evidence
satisfactory to the CITY that all payrolls, material bills and other costs incurred by
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Withers-Maguire House-Phase 1
Contract
the CONTRACTOR in connection with the construction of the Work have been paid
in full, and also, after all guarantees that may have be required in the
Specifications have been furnished and found to be acceptable by the CITY.
Article 4. Time of Completion: The Contractor shall commence work to be performed
under this Contract within ten (10) consecutive calendar days after date of written
Notice to Proceed and shall fully complete the Contract in One Hundred and Twenty
(120) calendar days after said date of written notice, as may be modified in the Notice
to Proceed.
It is mutually agreed between the parties hereto that time is of the essence and
in the event that construction of the Work is not completed within the Contract Time, as
may have been modified in accordance with the provisions of the General Conditions
of this Contract, that from the compensation otherwise to be paid to the CONTRACTOR,
the CITY is authorized and shall retain, for each day thereafter, Sundays and holidays
included, the sum of Fifty Dollars ($50) as liquidated damages sustained by the CITY in
the event of such default by the CONTRACTOR, or shall withhold such compensation
for actual and consequential damages as may be stated therein or contemplated
therefrom.
Article 5. The CONTRACTOR agrees to make payment of all proper charges for labor
and materials required in the aforementioned work, and to defend, indemnify and save
harmless the CITY and all its officers, agents, and servants, and each and every one of
them against and from all suits and costs of every kind and description, and from all
damages to which the said CITY or any of their officers, agents or servants may be put,
by reason of injury or death to the persons or injury to property of others resulting from
the performance of said work, or through the negligence of the CONTRACTOR, or
through improper or defective machinery, implements or appliances used by the
CONTRACTOR in the aforesaid work, or through any act or omission on the part of the
CONTRACTOR, or his agent or agents, employees or servants.
, Article 6. It is also mutually agreed and understood that the acceptance of the final
payment by the CONTRACTOR shall be considered as a release in full of all claims
against the CITY or any of its members or agents, arising out of, or by reason of, work
done and materials furnished under this Contract.
Article 7. Additional Bond: It is further mutually agreed between the parties hereto,
that if, at any time after the execution of this Agreement and the Performance and
Payment Bonds hereto attached for its faithful performance, the CITY shall deem the
surety or sureties upon such bond to be unsatisfactory, or, if for any reason, such bond
ceases to be adequate to cover the performance of the work, the CONTRACTOR shall,
at his expense, within five (5) days after receipt of notice from the City to do so, furnish
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Contract
an additional bond or bonds in such form and amount, and with such surety or sureties
as shall be satisfactory to the CITY. In such event, no further payment to the
CONTRACTOR shall be deemed to be due under this Agreement until such new or
additional security for the faithful performance of the work shall be furnished in a
manner and form satisfactory to the CITY.
Article 8. Contract Documents: All of the documents listed below form the Contract and
they are as fully a part of the Contract as hereto attached, or repeated in this Agreement.
1. Bid Advertisement 7. Payment Bond
2. Instructions to Bidders 8. General Conditions
3. Bid Form 9. Supplementary General Conditions
4. Bid Bond 10. Technical Specifications
5. Contract 11. Drawings
6. Performance Bond 12. Addenda
The Contract is to be binding upon the CITY, its successor,or successors and
upon the CONTRACTOR (and his heirs, administrator, administrators, or assignees
and its successor, successors, and assigns), and is voidable and may be terminated
by the CITY, in accordance with the provisions of the Specifications relative thereto are
not complied with.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on
the date first above written in five (5) counterparts, each of which shall, without proof or
accounting for the other counterparts, be deemed an original contract.
CITY OF OCOEE, FLORIDA
Party of the First Part
By: (Seal)
Mayor
ATTEST:
By:
City Clerk
Signed, sealed and delivere ' the prese ce of:
Witn CONTRACTOR
By: '% � ./. . - (Seal)
As to the Party of the Second Part vd&
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Withers-Maguire House-Phase 1
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Approved as to Form: Approved as to Finance:
By: By:
City Attorney Director of Finance
CERTIFICATE
STATE OF FLORIDA )
COUNTY OF ORANGE )
I HEREBY CERTIFY that a meeting of the Board of Directors of Mi hP 1 1 R ,; 1 d i ng
Contractors , Inc. , a corporation under the laws of the
State of Florida , was held on September 30 L 1992, and the following:
"Resolved, that Earle W. Mitchell as President of
the corporation, be and is hereby authorized to execute the Contract dated
, 1992, between the CITY OF OCOEE, a municipal
corporation, and the corporation, and that his execution thereof, attested by
the Secretary of the corporation and with the corporate seal affixed, shall
be the official act and deed of this corporation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the corporation, this 30 day of -5e101— , 1992.
4r:Scretary
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