VI (B) DISCUSSION/ACTION RE: Award of Bid for Phase I Capital Improvement Program Group I Project 1-8 for Amber Ridge Subdivison/Lake Meadow Drainage Basin AGENDA 10-02-96
Ocoee 1, Item VI B
ia
4 %
JAMES W.SHIRA,P.E.
$rfR.op GOOD CITY ENGINEER/UTILITIES DIRECTOR
150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761
PHONE(407)656-2322 EXT.142•FAX(407)656-7835
MEMORANDUM
DATE: September 26, 1996
TO: The Honorable Mayor and Board of City Commissioners
FROM: James W. Shira,
City Engineer/Utilities Director
SUBJECT: Phase I Capital Improvement Program Group I Projects
On September 18, bids were received for the last project in the Phase I Group I Program to be
constructed under this initial phase of the program.
Generally, the project, named Capital Improvement Project 1-8, is located in the Amber Ridge
Subdivision and the Lake Meadow Drainage Basin. This subdivision has multiple drainage
related problems which include groundwater seepage on several lots, seepage into roadways, and
washouts on undeveloped lots. These problems have been well documented and studied by PEC.
The location map is attached for your reference.
Also attached is a letter from PEC which includes bid tabulations for the project. I concur with
PEC's recommendation to award CIP No. 8 to Fossitt Groundwork, Inc. for the sum of
$44,835.75. The total bid price for this project was approximately$8,000 over the engineer
estimate, but the total for Phase I Group I Program is approximately $60,000 less than PEC's
total engineering estimate.
I recommend that the City Commission authorize the Mayor and City Clerk to execute a contract
with Fossitt Groundwork, Inc. in the amount of$44,835.75 for Project 1-8 in accordance with
their bid.
JWS/jbw
Attachments
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PE .
PROFESSIONAL.ENGINEERING CONSULTANTS, INC. SEp I 1996
September 19, 1996
1-1.0
Mr. James W. Shire, P.E.
City Engineer/Utilities Director
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761-2322
RE: Phase I Capital Improvement Program (CIP)
Continuing Horizontal Construction Services
Caprtal,Impr vementt Project 8
Dear Jim:
As you are aware, bid packages for the above mentioned project were received and publicly
opened at approximately 4:30 p.m. on Tuesday, September 18, 1996. Bid Package 11-8
represents the installation of rear and side yard underdrains within Amber Ridge Subdivision.
Bids were submitted for Bid Package 11 8 by three (3) of the six (6) contractors pre-qualified
in the City of Ocoee Phase I Capital Improvement Program Continuing Horizontal
Construction Services Contract, which are summarized as follows (listed in no particular
order):
Contractor Bid Submitted(1)
•
1. Sunshine Building and Development Corporation No
2. Georgetown Enterprises, Inc. Yes
3. Fossitt Groundwork, Inc. Yes
4. JCB Construction, Inc. Yes
5. A.A.A. Bobcat No
6. Prime Construction Group, Inc. No
Notes:
(1) Please note that PEC has not retained any of the submitted bid information.
1.1 Summary of Total Base Bids
Attachment "A"of this letter contains summary tables of the contractor's submitted bids for
the above mentioned project, identified as Bid Package 14. Based upon the information
summarized within these tables, the following ranking has been established and arranged
in the order of low to high bidder.
engineers
planners
surveyors 200 East Robinson Street • Suite 1560 • Orlando, Florida 32801 • 407/422-8062 • FAX 407/849-9401
Letter To Mr. Jim Shira September 19, 1996
0E-227.G01 Page 2
Bid Package -8(Amber Ridge Subdivision)
Contractor Total Base Bid Without Ranking
Contingency
1. Fossitt Groundwork, Inc. $44,835.75 1
2. JCB Construction, Inc. $66,231.00 2
3. Georgetown Enterprises, Inc. $93,684.00 3
1.2 Apparent Low Bidder
Based upon the information contained within Attachment "A" of this letter and tabulated
within the previous section, it appears that Fossitt Groundwork is the low bidder for Bid
Package R.
1.3 Review of Bid Packages
Based upon a review of the submitted bid package from the apparent low bidder, all the
information appears to have been submitted and completed correctly, including the provision
for a bid bond in the amount of five percent(5%) of the total base bid. It should be noted that
none of the other submitted bid packages were reviewed to determine their completeness
should the bid not be awarded to the apparent low bidder.
1.4 Recommendations
It is hereby recommended that Bid Package be awarded to the apparent low bidder,
Fossitt Groundwork, for the amount of$44,835.75. In addition to awarding the contract to the
apparent low bidder, the City will also get a chance to evaluate the quality of work provided
by the third of the six (6) contractors pre-qualified in the City of Ocoee Phase I Capital
Improvement Program Continuing Horizontal Construction Services Contract.
1.5 Closing Statements
In terms of the apparent cost savings to the City relative to the use of pre-qualified
contractors, the following table provides a cumulative summary of the low bid prices to date,
versus both the engineer's estimate and the preliminary estimate contained within the Capital
Improvement Program (CIP) Engineering Report.
PEC/PROFESSIONAL ENGINEERING CONSULTANTS
Letter To Mr. Jim Shira September 19, 1996
0E-227.G01 Page 3
Cumulative Cost Comparison Summary
C/P Awarded Bidder Total Engineer's Construction Preliminary Cost Estimate
Project Base Bid Cost Estimate Within CIP Engineering Report
No. (1) (1) (1)
1 $62,290.60 $87,429.40 $78,639.00
6 $76,444.70 $82,302.10 $196,350.00
8 $44,835.75 $36,386.00 $44,465.00
19 $38,288.12 $69,685.50 $190,025.00
31 $5,510.41 $11,276.20 $28,175.00
TOTALS $227,369.58 $287,079.20 $,537,654.00
Notes:
(1) These totals represent the construction cost inclusive of mobilization and exclusive of
any contingencies.
If you have any questions or need any additional information, please do not hesitate to
contact me directly at 422-8062.
Respectfully,
PEC/PROFESSIONAL ENGINEERING CONSULTANTS, INC.
Greg A. ?eague, P.E.
Project Engineer/Associate
cc: David Wheeler, City of Ocoee
Mark Brace, City of Ocoee
Ken Hooper, PEC
David Hamstra, PEC
Les Palmer, PEC
File 0E-257(1-1.0)
PEC/PROFESSIONAL ENGINEERING CONSULTANTS
ATTACHMENT 'A"
•
09/19/96 0E227BID.W K4
SCHEDULE OF BID ITEMS `
CITY OF OCOEE
CONTRACTOR'S UNIT COSTS AND BASE BIDS COMPARISON
CAPITAL IMPROVEMENT PROJECT NO.8(Amber Ridge Subdivision)
Rlns1 MRFR_1B
Georgetown Fossitt JCB Maximum Minimum Average Georgetown Fossitt JCB
Base Bid Description Estimated Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Total Price Total Price Total Price
Item No. Quantity Unit (in numbers) (In numbers) (in numbers) (in numbers) (in numbers) (in numbers) (in numbers) (In numbers) (In numbers)
1.01 Permits and Bonds - 1.0 LS $5,500.00 $2,000.00 $5,000.00 $5,500.00 $2,000.00 $4,166.67 $5,500.00 $2,000.00 $5,000.00
1.02 Idemnification 1.0 LS $5,000.00 $500.00 $625.00 $5,000.00 $500.00 $2,041.67 $5,000.00 $500.00 $625.00
1.03 Record Drawing Preparation 1.0 LS $2,500.00 $500.00 $1,250.00 $2,500.00 $500.00 $1,416.67 $2,500.00 $500.00 $1,250.00
1.04 Survey Staking and Layout 1.0 LS $2,500.00 $500.00 $3,750.00 $3,750.00 $500.00 $2,250.00 $2,500.00 $500.00 $3,750.00
2.01 Mobilization and Demobilization 1.0 LS $4,500.00 $2,803.00 $9,500.00 $9,500.00 $2,803.00 $5,601.00 $4,500.00 $2,803.00 $9,500.00
2.02 Pollution Abatement and Erosion Control 1.0 LS $2,000.00 $250.00 $1,900.00 $2,000.00 $250.00 $1,383.33 $2,000.00 $250.00 $1,900.00
2.03 Temporary Signage and Barricades 1.0 LS $1,750.00 $250.00 $1,250.00 $1,750.00 $250.00 $1,083.33 $1,750.00 $250.00 $1,250.00
3.01 Removal and Replacement of Sidewalks - 5.6 SY $500.00 $50.00 $100.00 $500.00 $50.00 $216.67 $2,800.00 $280.00 $560.00
3.02 Restoration of Property 1.0 LS $7,500.00 . $450.00 $7,500.00 $7,500.00 $450.00 $5,150.00 $7,500.00 $450.00 $7,500.00
4.01 Core Bore Existing Drainage Structure 3.0 EA $700.00 $650.00 $625.00 $700.00 $625.00 $658.33 $2,100.00 $1,950.00 $1,675.00
4.02 6"PVC Pipe 68.0 LF $23.00 $18.00 $15.00 $23.00 $15.00 $18.67 $1,564.00 $1,224.00 $1,020.00
4.03 6"CPEP Type-SC(Underdrain) 785.0 LF $38.00 $25.00 $26.00 $38.00 $25.00 $29.67 $29,830.00 $19,625.00 $20,410.00
4.04 6"PVC Clean-Outs(C.O:s) 11.0 EA $500.00 $300.00 $150.00 $500.00 $150.00 1 $316.67 $5,500.00 $3,300.00 $1,650.00
4.05 6"Yard Drain Riser 3.0 BA $1,000.00 $300.00 $450.00 $1,000.00 $300.00 $583.33 $3,000.00 $900.00 $1,350.00
4.06 12"CPEP Type-S 121.0 LF $40.00 $35.00 $20.00 $40.00 $20.00 $31.67 $4,840.00 $4,235.00 $2,420.00
4.07 12"CPEP Type-SP(Underdrain) 100.0 LF $52.00 $35.00 $28.00 $52.00 $28.00 $38.33 $5,200.00 $3,500.00 $2,800.00
4.08 12"Yard Drain Riser 4.0 EA $1,400.00 $300.00 $525.00 $1,400.00 $300.00 $741.67 $5,600.00 $1,200.00 $2,100.00
4.09 12"Flared End Section(polyethylene) 1.0 EA $500.00 $750.00 $500.00 $750.00 $500.00 $583.33 $500.00 $750.00 $500.00
4.10 3'x 1'x 4"Concrete Splash Pad 3.0 SY $200.00 $100.00 $98.00 $200.00 $98.00 $132.67 $600.00 $300.00 $294.00
4.11 Coarse Aggregate Slope Protection 4.0 CY $100.00 $50.00 $88.00 $100.00 $50.00 $79.33 $400.00 $200.00 $352.00
4.12 Trench Sodding 25.0 SY $20.00 $4.75 $5.00 $20.00 $4.75 $9.92 $500.00 $118.75 - $125.00
TOTAL LUMP SUM BASE BID WITHOUT CONTINGENCY(items 1.01 through 4.12) _ $93,684.00 $44,835.75 $66,231.00
PEC/Professional Engineering Consultants,Inc. Page No.1
09/19/96 0E227BID.W K4
SCHEDULE OF BID ITEMS
CITY OF OCOEE
CONTRACTOR'S UNIT COSTS AND BASE BIDS COMPARISON •
CAPITAL IMPROVEMENT PROJECT NO.8(Amber Ridge Subdivision)
1ID_N.UMBE_a1&
Engineer's Estimate(1) Apparent Low Bidder's Estimate Base Bid Item Sub-Totals Total Price Comparison
Base Bid Description Estimated Unit Price Total Price Unit Price Total Price Engineer's Low Bidder Lower
Item No. Quantity Unit (in numbers) (in numbers) (In numbers) (in numbers) (in numbers) (in numbers) (in numbers) (in percent) (in words)
1.01 Permits and Bonds 1.0 LS $0.00 $0.00 $2,000.00 $2,000.00 ($2,000.00) N/A Engineer
1.02 Idemnification 1.0 LS $500.00 $500.00 $500.00 $500.00 $0.00 0.00% Low Bidder
1.03 Record Drawing Preparation 1.0 LS $160.00 $160.00 $500.00 $500.00 ($340.00) -212.50% Engineer
1.04 Survey Staking and Layout 1.0 LS $250.00 $250.00 $500.00 $500.00 $910.00 $3,500.00 ($250.00) -100.00% Engineer
2.01 Mobilization and Demobilization 1.0 LS $2,000.001 $2,000.00 $2,803.00 $2,803.00 ($803.00) -40.15% Engineer
2.02 Pollution Abatement and Erosion Control 1.0 LS $400.00 $400.00 $250.00 $250.00 $150.00 37.50% Low Bidder
2.03 Temporary Signage and Barricades 1.0 LS $500.00 $500.00 $250.00 $250.00 $2,400.00 $3,053.00 $250.00 50.00% Low Bidder
3.01 Removal and Replacement of Sidewalks 5.6 SY $55.00 $308.00 $50.00 $280.00 $28.00 9.09% Low Bidder
3.02 Restoration of Property 1.0 LS $700.00 $700.00 $450.00 $450.00 $1,008.00 $730.00 $250.00 35.71% Low Bidder
4.01 Core Bore Existing Drainage Structure 3.0 EA $600.00 $1,800.00 $650.00 $1,950.00 ($150.00) -8.33% Engineer
4.02 6"PVC Pipe 68.0 LF $15.00 $1,020.00 $18.00 $1,224.00 ($204.00) -20.00% Engineer
4.03 6"CPEP Type-SC(Underdrain) 785.0 LF $23.00 $18,055.00 $25.00 $19,625.00 ($1,570.00) -8.70% Engineer
4.04 6"PVC Clean-Outs(C.O.'s) 11.0 EA $175.00 $1,925.00 $300.00 $3,300.00 ($1,375.00) -71.43% Engineer
4.05 6"Yard Drain Riser 3.0 EA $200.00 $600.00 $300.00 $900.00 ($300.00) -50.00% Engineer
4.06 12"CPEP Type-S 121.0 LF $21.00 $2,541.00 $35.00 $4,235.00 i ($1,694.00) -66.67% Engineer
4.07 12"CPEP Type-SP(Underdrain) 100.0 LF $32.00 $3,200.00 $35.00 $3,500.00 ($300.00) -9.38% Engineer
4.08 12°Yard Drain Riser 4.0 EA $500.00 $2,000.00 $300.00 $1,200.00 $800.00 40.00% Low Bidder
4.09 12"Flared End Section(polyethylene) 1.0 EA $200.00 $200.00 $750.00 $750.00 ($550.00) -275.00% Engineer
4.10 3'x 1'x 4"Concrete Splash Pad 3.0 SY $10.00 $30.00 $100.00 $300.00 ($270.00) -900.00% Engineer
4.11 Coarse Aggregate Slope Protection 4.0 CY $18.00, $72.00 $50.00 $200.00 ($128.00) -177.78% Engineer
4.12 Trench Sodding 25.0 SY $5.801 $125.00 $4.75 $118.75 $31,568.00 $37,302.75 $6.25 5.00% Low Bidder
TOTAL LUMP SUM BASE BID WITHOUT CONTINGENCY(items 1.01 through 4.12) $36,386.081 } $44,835.75 t ($8,449.751 -23.22% Engineer
.I R•
(1) The unit price for the Engineer's Estimate was based upon the average unit prices from previous Bid Packages 1-1A6 and 1-19A31.
PEC/Professional Engineering Consultants,Inc. Page No.2
t•
SECTION 00500 (A)
AGREEMENT FOR CONTINUING
HORIZONTAL CONSTRUCTION SERVICES
THIS AGREEMENT, made and entered into this J YH day of Su L%4 , 1996 by and between the
CITY OF OCOEE, a municipal body existing under and by virtue of the laws of the State of Florida(hereinafter
a Florida corporation
referred to as "City"),and Foss itt Groundwork, Inc. (hereinafter referred to as "Contractor").
WITNESSETH:
WHEREAS, the City wishes to employ the services of Contractor to provide continuing horizontal
construction services,including,but not limited to,clearing,grading,storm drainage,water,sanitary sewer,paving,
curb and gutter,concrete and other work normally associated with horizontal construction with the primary emphasis
on drainage improvements within the City; and
WHEREAS, the City has given public notice of the services to be rendered pursuant to this Agreement,
a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, this Agreement shall constitute a "continuing contract" as defined under the laws of the State
of Florida; and
WHEREAS, Contractor is qualified, willing and able to perform the services required in accordance with
the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the
parties hereto do hereby agree as follows:
ARTICLE I
Services to be Provided by Contractor
A. Scope of Work. Contractor hereby agrees to perform general horizontal construction services,
including, but not limited to, clearing, grading, storm drainage, water, sanitary sewer, paving, curb and gutter,
concrete and other work normally associated with horizontal construction with the primary emphasis on drainage
improvements, to be determined by the City on an as-needed basis. The services to be rendered by Contractor shall
00500(A) - 1
be available on a continuing basis, although the City is not obligated to obtain such construction services on a
continuing basis from Contractor.
Services which may be performed under this Agreement are limited to those projects for which construction
costs do not exceed $500,000.00 and for which the City elects not to publicly advertise for competitive bids or
proposals from all interested firms and individuals. In the event of a valid public emergency, Horizontal
Construction Contractors may be utilized for horizontal construction projects for which the construction value
exceeds $500,000.00.
The performance of each project awarded hereunder shall be subject to terms and conditions set forth
herein.
It is expressly understood that the City is not obligated to utilize the services of Contractor for any
particular project within the City of Ocoee and the City is entitled to seek competitive bids or proposals through
open advertisement for any horizontal construction work. Additionally, nothing herein is intended to prohibit
Contractor from submitting bids or proposals on any projects for which the City seeks competitive bids or proposals
through open advertisement.
B. Selection of Contractor to Perform Services. Contractor is one of not more than six (6)
Horizontal Construction Contractors (the "Horizontal Construction Contractors") which have continuing contracts
with the City for the performance of horizontal construction services. When City elects not to publicly advertise
for competitive bids or proposals for horizontal construction work, it may elect to solicit competitive bids or
proposals only from the Horizontal Construction Contractors. In such event, each Horizontal Construction
Contractor will be provided with a set of bid or proposal documents which shall contain documentation detailing
and describing the scope of the proposed project and all other information necessary for Contractor to submit a bid
or proposal price, and all other required information on the forms which shall be included in the bid or proposal
documents. Contractor shall be provided with the appropriate amount of time, which will be set forth in the bid
or proposal documents, to familiarize itself with the proposed project prior to the deadline for submission of bids
or proposals. Bids or proposals shall be publicly opened and read aloud.
After the opening of bids or proposals, a determination will be made by the City as to which of the
Horizontal Construction Contractors is the lowest responsive bidder or most highly qualified proposer. To be the
Rev. 6/7l96 00500(A) - 2
lowest responsive bidder, a Horizontal Construction Contractor must submit the lowest bid price and must provide
all information and documentation required by the bid documents. To be the most highly qualified proposer, a
Horizontal Construction Contractor must submit the proposal which is most advantageous to the City, price and
other factors considered, and must provide all information and documentation required by the proposal documents.
In selecting the most highly qualified proposer, the City specifically reserves the right to award a project to a
Horizontal Construction Contractor which does not submit the lowest proposal price.
Bids or proposals will be considered irregular and may be rejected if they show omissions, alterations in
form,additions not called for,conditions,limitations,unauthorized alternate bids or proposals,or other irregularities
of any kind. The City'shall have the right to waive any informalities or irregularities of bids or proposals, or to
reject any and all bids or proposals. Nothing herein shall limit the City's right to reject any and all bids or
proposals at any time or to award any project for which competitive bids or proposals were sought from the
Horizontal Construction Contractors to one or more other firms or individuals, either by means of public
advertisement or any other procurement method.
C. Authorization to Perform Services. Pursuant to a determination that Contractor is the lowest
responsive bidder or the most highly qualified proposer in accordance with Article I.B. herein, the City Manager,
upon recommendation from the City Engineer may, in his discretion, award the project to Contract for projects
valued at less than $25,000.00. Upon approval by the City Manager and subsequent to the execution of an
addendum to this Agreement for each project awarded, which shall set forth the scope of the project, the
compensation, the completion date, and any other specified requirement of the City which pertains to the particular
project, the City Engineer or his designee shall promptly issue a notice to proceed to the Contractor.
For projects valued at more than$25,000.00, in addition to the procedures set forth in this Paragraph C,
the City Commission of the City of Ocoee must approve the award of each project prior to issuance of a notice to
proceed.
D. Personnel. Contractor agrees to retain the necessary qualified personnel acceptable to the City
to perform all services for the City pursuant to this Agreement and any addenda hereto. All such personnel, while
engaged in Contractor's business for the City, shall conduct themselves in a professional manner.
Rev. 6/7/96 00500(A) - 3
E. Contractor's Best Efforts and Standards of Performance. Contractor agrees to use its best
efforts to perform all services in such sequence, and in accordance with such reasonable time requirements and
reasonable written instructions, as may be requested or provided by the City, and Contractor agrees to perform all
such services in accordance with generally accepted standards of any applicable construction trade or any other
applicable profession. Contractor agrees to perform all services hereunder in accordance with the terms and
conditions of the General Conditions and Supplementary Conditions which are attached hereto as Exhibit "B" and
incorporated herein by reference.
F. Design and Specifications. At the option of the City, data, designs, specification, calculations,
estimates, reports, memoranda, other documents and instruments, and incidental engineering work or materials may
be furnished by the City or its Architect/Engineer, or may be requested from the Contractor.
G. Contractor's Liability. Contractor shall be and remain liable in accordance with applicable
law and the terms and conditions of the General Conditions and Supplementary Conditions for all damages to the
City caused by the improper acts or omissions of the Contractor or by any subcontractors of any of the services
furnished pursuant to this Agreement and for all damages to the City arising out of Contractor's breach of any of
its obligations undertaken pursuant to this Agreement.
H. Performance and Payment Bonds. Contractor agrees to provide performance and payment
bonds and a certificate as to corporate principal on the forms attached to this Agreement as Exhibit "C" for each
project undertaken pursuant to this Agreement on behalf of the City when required by the City in the bid or proposal
documents. Failure or inability of the Contractor to furnish said bonds under this Agreement or addenda hereto
shall render this Agreement voidable in the sole discretion of the City.
I. Final Release. Upon completion of each project undertaken pursuant to this Agreement,
Contractor shall execute and deliver to the City a Final Release on the form attached hereto as Exhibit "D".
ARTICLE H
City's Responsibilities.
A. The City agrees to consult with Contractor regarding the services to be rendered by Contractor
hereunder, and to make available to Contractor such information in the City's possession concerning the work to
be performed hereunder, and notify Contractor promptly of the City's time requirements and other instructions for
00500(A) - 4
the performance of the services hereunder (which the City agrees shall not be unreasonable), and of any changes
in such time requirements or instructions.
B. The City shall allow Contractor to have reasonable access to City property and facilities to enable
Contractor to perform its services hereunder. Contractor agrees that such rights of access shall not be exercised
in such manner or to such extent as to impede or interfere with the operation of City facilities or municipal services.
ARTICLE III
Compensation and Method of Payment for Services.
A. Negotiation of Fee. In accordance with Article I, Paragraph B of this Agreement, fees shall
be determined and incorporated into an addendum on one of the following bases:
(a) Lump Sum Bid or Proposal Amount.
A fixed, lump sum bid or proposal amount submitted by Contractor guaranteeing
completion of the project in accordance with the requirements of the bid or proposal documents.
A bid or proposal submitted by Contractor guaranteeing completion of the project in
accordance with the requirements of the bid or proposal documents, with fees to be based upon the unit prices
submitted in the bid or proposal and the total amount of labor, materials, or services necessary to complete the
project.
B. Contractor shall submit monthly statements for services rendered to the City which will be based
upon the services actually completed by Contractor between the last monthly statement for services rendered by
Contractor under each addendum and the last day of the billing month most recently ended. Such monthly statement
shall include a summary, in a form and with detail satisfactory to the City, describing the services performed by
Contractor during such month. The making of any willfully false statement in such monthly statement shall be
grounds for the immediate termination of the City of this Agreement. The amount of each monthly statement, less
ten percent (10%) retainage, shall be paid by the City within thirty (30) day period, the City notified Contractor
in writing of its objection to the payment of the amount requested, together with the City's determination of the
proper amount to be paid, if any. Such notice shall be accomplished by the City's payment of any undisputed portion
of such monthly statement, less applicable retainage. If the City notified Contractor, within the thirty (30) day
period, of a dispute over the proper amount of payment requested in a monthly statement, the parties shall promptly
00500(A) - 5
resolve the dispute and the City shall promptly pay Contractor the amount so determined, less applicable retainage
and any amounts previously paid by the City with respect to such monthly statement. In the event it is determined
that the City has overpaid the amount owed on a monthly statement, Contractor shall promptly refund to the City
the amount of such overpayment. The amount of all retainage withheld by the City pursuant to the provisions of
this Paragraph shall be paid by the City to Contractor promptly after Contractor's satisfactory completion of all of
Contractor's execution of the Final Release, which is attached to this Agreement as Exhibit "D". .The City agrees
not to unreasonably withhold payment of retainage, and to notify Contractor within thirty (30) days after
Contractor's completion of the services on a particular project of the City's reasons for withholding payment of
retainage, and the parties hereto shall promptly resolve the matter. Additional requirements regarding payment
applications and terms and conditions of payment are contained in Article 14 of the General Conditions and
Supplementary Conditions, attached as Exhibit "B".
ARTICLE IV
Reimbursable Expenses
Contractor's out-of-pocket expenses to be incurred in rendering services hereunder shall be included in the
lump sum or unit prices set forth in the Addendum for a particular project, and Contractor shall not be entitled to
additional reimbursement therefor, unless the Addendum states otherwise.
ARTICLE V
Books and Reports
Contractor's records which shall include, but not be limited to, accounting records (hard copy, as well as
computer readable data if it can be made available), written policies and procedures; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps, etc.); original estimates; estimating work sheets;
correspondence; change order files (including documentation covering negotiated settlements);backcharge logs and
supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and
dividends; and any other supporting evidence deemed necessary by the City to substantiate charges related to this
Agreement(all foregoing hereinafter referred to as "records") shall be open to inspection and copying the City and
shall be subject to audit by the City's agent or its authorized representative to the extent necessary to adequately
00500(A) - 6
permit evaluation and verification of the Cost of the Work, and any invoices, change orders, payments or claims
submitted by the Contractor or any of its payees.
Such audits may require inspection and copying from time to time and at reasonable times and places of
any and all information, materials and data of every kind and character, including, without limitation, records,
books, papers, documents,subscriptions, recordings,agreements, purchase orders,leases, contracts,commitments,
arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers, letters, memoranda, and
any and all other agreements, sources or information and matters that may in the City's judgment have any bearing
on or pertain to any matters that may in the City's judgment have any bearing on or pertain to any matters, rights,
duties or obligations under or covered by any Contract Document. Such records subject to audit shall also include,
but not be limited to, those records necessary to evaluate and verify direct and indirect costs (including, but not
limited to, overhead allocations) as they may apply to costs associated with this Agreement.
The City or its designee shall be afforded access to all of the Contractor's records, and shall be allowed
to interview any of the Contractor's employees, pursuant to the provisions of this article throughout the term of this
Agreement and for a period of three (3)years after final payment on any addenda, termination or expiration of this
Agreement or longer if required by law.
Contractor shall require all subcontractors, insurance agents, material suppliers (payees) to comply with
the provisions of this article by insertion of the requirements hereof in a written contract agreement between
Contractor and payee. Such requirements will also apply to subcontractors and sub-subcontractors, etc. Contractor
will cooperate fully and will cause all related parties and all of Contractor's subcontractors(including those entering
into lump sum sub-contracts) to cooperate fully in furnishing or in making available to the City from time to time
whenever requested in an expeditious manner any and all such information, materials and data.
The City's agent or its authorized representative shall have access to the Contractor's facilities, shall have
access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct
audits in compliance with this article.
If an audit inspection or examination in accordance with this article discloses overcharges (of any nature)
by the Contractor to the City in excess of one percent(1%)of the total contract billings, the actual cost of the City's
audit shall be reimbursed to the City by the Contractor. Any adjustments and/or payments which must be made
00500(A) - 7
as a result of any such audit or inspection of the Contractor's invoices and/or records shall be made within a
reasonable amount of time (not to exceed 90 days) from presentation of the City's finding to Contractor.
ARTICLE VI •
Documents: Furnishing Copies; Ownership; Confidentiality
A. Except as otherwise provided in this Agreement or in any addendum for such.services, Contractor
agrees, at no additional cost or expense to the City, to furnish the City with one reproducible copy, in media
acceptable to the City, of all data, designs, specifications, calculations, estimates, plans, drawings, construction
documents, photographs, reports, memoranda, and all other documents and instruments of any type or nature except
accounting working papers, which have been prepared by Contractor or by subcontractors in rendering services
hereunder. Contractor further agrees that at the City's request, Contractor shall cause one or more of its qualified
employees to promptly review personally with the City's designated representatives all data, designs, specifications,
calculations, estimates, plans, drawings, construction documents, photographs, reports, memoranda and other
documents and instruments prepared by Contractor or by subcontractors in rendering services hereunder. Additional
copies of such data, designs, specifications, calculations, estimates, plans, drawings, construction documents,
photographs, reports, memoranda and other documents and instruments shall be furnished to the City by Contractor
at City's request, and except as otherwise provided in any addendum for such services, Contractor shall receive
reimbursement for its costs of such copies.
Except as otherwise provided in any addendum for such services, Contractor agrees, on the termination
of this Agreement for any reason, to furnish the City at no additional cost or expense with one reproducible copy,
in media acceptable to the City, of all data, designs, specifications, calculations, estimates, plans, drawings,
construction documents, photographs, reports, memoranda and all other documents, instruments, summaries,
information and material of any type or nature(except working papers), whether or not completed, which have been
prepared or accumulated by Contractor or by any subconsultant in rendering the services hereunder and not
previously furnished to the City by Contractor pursuant to this Agreement.
All data, designs, specifications, calculations, estimates, plans, drawings, construction documents,
photographs, reports, memoranda and other documents, instruments,summaries, information and materials prepared
00500(A) - 8
or accumulated by Contractor or by any subcontractor in rendering services hereunder shall be the sole properly
of the City and the City shall be vested with all rights therein of whatever kind and however created; provided,
however, that Contractor shall have no liability to the City for the City's use, if other than the use intended, of any
such data, designs, specifications, calculations, estimates, plans, drawings, construction documents, photographs,
reports, memoranda_and other documents, instruments, summaries, information and.materials, and the City will
indemnify, defend and hold Contractor harmless from all claims and damages(including reasonable attorneys' fees)
arising out of the City's use if other than the use intended.
B. Contractor agrees, during the term of this Agreement and forever thereafter, not to knowingly
divulge, furnish or make available to any third person, firm or organization, without the City's prior written
consent, or unless incident to the proper performance of Contractor's obligations hereunder, or in the course of
judicial or legislative proceedings where such information had been properly subpoenaed,any non-public information
concerning the services to be rendered by Contractor or any subcontractor pursuant to this Agreement.
ARTICLE VII
Notices
All notices required to be given by the City to the Contractor hereunder shall be in writing and shall be
given by United States Mail, postage prepaid, addressed to: Nikki Clayton, Vice President
Fossitt Groundwork, Inc.
1310 Douglas Street, P.,O.Box 1207
Sanford, Florida 32772-1207
All notices required to be given to the City hereunder shall be in writing and shall be given either by manual
delivery or by United States Mail, postage prepaid, addressed to:
James Shira
City Engineer
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Either party may change its address for purposes of this paragraph by written notice to the other party given in
accordance with the requirements of this paragraph.
00500(A) - 9
ARTICLE VIII
Miscellaneous Provisions
A. The rights granted to Contractor hereunder are non-exclusive, and the City reserves the right to
enter into agreements with other contractors for horizontal construction services with the City.
B. Contractor and its employees shall promptly observe, and comply, when applicable, with
provisions of all published federal, state and local laws, rules and regulations which govern or apply to the services =
rendered by Contractor hereunder, or to the wages paid by Contractor to its employees. Contractor shall require
all its subcontractors to comply with the provisions of this paragraph.
C. Contractor shall procure and keep in force during the term of this Agreement all necessary
licenses, registrations, certificates, permits and other authorizations as are required by law in order for Contractor
to render its services hereunder. Contractor shall require all its subcontractors to comply with the provisions of
this paragraph.
D. Contractor is not authorized to act as the City's agent hereunder and shall have no authority,
express or implied, to act for or bind the City hereunder, either in Contractor's relations with subcontractors, or
in any other manner whatsoever.
E. No reports, maps, or other documents produced in whole or in part under this Agreement shall
be the subject of any application for copyright by or on behalf of the Contractor.
ARTICLE IX
Term
The term of this Agreement shall be for three (3) years from the date first written above. The City, with
the mutual agreement of the Contractor, may elect to renew this Agreement for two (2) additional one (1) year
periods. Contractor shall perform all services authorized during any renewal period in accordance with the terms
and conditions set forth herein.
ARTICLE X
Termination
The termination provisions contained in the General and Supplementary Conditions,Exhibit"B",shall apply
to the Agreement and/or any addenda issued pursuant to the Agreement.
00500(A) - 10
ARTICLE XI
Entire Agreement
This Agreement, including the Exhibits and the General Conditions and Supplementary Conditions attached
hereto, which are incorporated herein by reference, constitutes the entire agreement between the parties and shall
supersede and replace all prior agreements or understandings,written or oral,relating to the matters set forth herein.
To the extent that the General Conditions and Supplementary Conditions attached hereto conflict with Articles I to
XI herein, Articles Ito XI shall take precedence over conflicting General Conditions and Supplementary Conditions.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized officers, have caused this
Agreement to be executed and their corporate seals to be affixed hereto, effective as of the day and year first above
written.
A ST: --- — Foss i t t G rr.f n dww k, In .
..0,44 O By: 0. . 1911r 4,
Lorene F. Fossitt Willie L. Fossitt
Secretary/Treasurer President
APPROVED:
A ST: 1
CITY OF OCOEE, RA
ID
CI Grafton, City Cl47' S. Scott Vanderg ift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING
APPROVED AS TO AND LEGALITY HELD ON 7u ni y. 1996
THIS f; DAY OF , , 1996. UNDER AGENDA ITEM NO.=
FOLE L �NE
L ji>
By:
City Attorney
END OF SECTION
G:\C LER\LD\O E-180\00500.A
00500(A) - 11