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2008-07Memo To: Wayne Saunders, City Manager From: Tamara Richardson, PE, City Engineer CC: Date: February 1, 2008 Re: Legends Way Phase 3 Bid Award Boykin Construction The City of Clermont entered into an Interlocal Agreement with Lake County to manage the design, bid and construction of Legends Way. The project will complete the roadway from Citrus Tower Blvd. to Hancock Road. Included in the project was an extension of the City's water main from the elevated storage tank to Citrus Tower Blvd. to provide an additional loop in the potable water distribution system. The Interlocal Agreement provided transportation impact fee funds of $365,000.00 for the construction of the roadway. The project was offered for bid by the City in September 2007. The apparent low bidder is Boykin Construction with a bid of $1,007,321.00. The County is requesting the additional funds for the construction of Legends Way at their next County Commission meeting. Included in that amount is $85,761.20 for the City's water main extension. Although Boykin was not the low bidder for the water main, it is in the best interest of the project to award the construction of the water main to the road contractor. I recommend entering into an agreement with Boykin Construction, Inc., contingent upon the County securing the additional funds, for the construction of Legends Way and the extension of the City's water main for a total of $1,007,321.00. DIVISION W BID FORM COMPANY NAME NOTE: BIDDER SHALL SUBMIT BID IN DUPLICATE ON FORM PROVIDED HEREIN. BID OF ` (Name) t I ~~ ~ i `~`~1~e~( c~ ~ ~I V14~~b~,a, ~L- ~3`t'f ~-~ (Address) c~2~ 3`~~- :~ `1~.3 (Phone No.) FOR LEGENDS WAY PHASE 3 City of Clermont, Florida Submitted ~~-Z,ti 20~~ TO THE CITY OF CLERMONT, FLORIDA: We, the undersigned, hereby declare that no person or persons, firm or corporation, other than the undersigned, are interested in this proposal, as principals, and that this Bid is made without collusion with any person, firm or corporation, and we have carefully and to our full satisfaction examined the Special Provisions and form of Contract and Bond, together with the approved Plans and Specifications for the above described project, and that we have made a full examination of the location of the proposed work and the source of supply of materials, and we hereby agree to furnish all necessary labor, equipment, and materials, fully understanding that the quantities shown herewith are approximate only, and that we will fully complete all necessary work in accordance with the Plans and Specifications, and the requirements under them of the Engineer, within the time limit specified in this Bid for the following unit values, to-wit: W-1 Legends Way -Phase 3 -Bid Form Kimley-Horn and Associates, Inc. Project: Legends Way 3404 Southern Trace Project #: 042356006 The Villages, FI 32162 Ph: 352-259-2232 Page 1 of 2 Fax: 352-259-1584 Type of Estimate: Road Improvement Quantities Take-Off By: CMG 10/1/2007 Estimated By: CMG 10/1/2007 Based on: 100% Engineering plans dated September 24, 2007 Rem No. Description QuantRy Units Cost/Unit Amount DRAINAGE SYSTEM -- ---- --- - -- ---- ---- ~ o~__ 1 18 R.C.P. IQ LF. ~, y • SO z(o tO i 2 24' R.C.P. ~ L.F. ~ . 'i S ~ 3 y - ~ ~ 3 30" R.C.P. Q L.F. • (~,b s .oG 4 30" Mitered End Section W/ Ener y Dissipater I E.A. . Gc' ~, s.O • °jO 5 36' R.C.P. Ip L.F. `1 1 ~' Z I `i , O G 6 48" R.C.P. (y~ L.F. oG ar ~'lC°. cG 7 Adjust existinglnletTop .z E.A. ~(oflpO I S'zp.oa 8 Remove Existing Inlet Top E.A. ;Z SO °C7 s6d U~ 9 Relocate Existing Storm Inlet ',!_ E.A. 1100 °G ~f /~ dU • GG 10 TypeP-ilnlet E.A. 3;t, y'pO (~ $20•p6 11 TypeP-2lnlet 2. E.A. 3 's, 5z.w 12 TypellnletTops 2 E.A. i '~ •-o° ° 13 TypeDlnlet z E.A. y5(o-ov ~ 9 ,oG 14 Storm Manhole (Top Only) ;Z E.A. I I Ofd • GU Z pq • ° 15 Storm Manhole z E.A. ~ZpO• oo ~p p , ° u 16 Connect to Existing Storm Structure E.A. O ' °° 1 1 ~D • ° U 17 Type "F" Curb and Gutter (Entire project) y 70 L.F. ~ i `~ 1 i $ - ~~' 18 Maintenance of Traffic (M.O.T.) I L.S. j 7 76 GU j 1 ~G : o 19 Sawcut and remove existing Type "F" curb p~ L.F. • °G O oL 20 Sawcut and match existing curb E.A. J~• 00 i n p •64 21 Sawcut and match existing asphalt 3 E.A. ~(~,• ~~' I G • G G 22 Erosion Control I L.S. (~,~, ° ° (~ (a Z S-' a 23 Remove Existing Inlet ~ E.A. SGG °O ;3 $pp •oo 24 Remove Existing Pipe 1 L.S. ~ 50- ou q 50 • oG 25 48" Bulkhead or Plug 1 E.A. ;3~ °iJ 3 G •.OG urlurY 1 Fire Hydrant Assembly 3 E.A. 3"1t-13 0'' fl 'z ~•O~ 2 16" D.LP. Water Main +~ t~ LF. 3Q . 1S 9S 83`1 ZS' 3 16' - 221/2 Degree Bend E.A. (a,s'• ~ ~ 3 "I ~ 4 16" - 45 Degree Bend E.A. S- .S S-' ('-13 i - ~ G 5 16" Butterfly Valve ~ E.A. ~ )+~Q• ZS" p. Go 6 16" x 16" x 16" Tee 1 E.A. y ' • iS ) 3 $ • 3S- 7 16" x 16" x 6" Tee O E.A. - O - 8 16" x 6° Reducer 1 E.A. Fjr~. ' - S ~ (~S' SS 9 t6" Cap l E.A. 10.3 ~O • 30 10 Connect to existing Water Main "~ E.A. Q33 •G° 1 $t;(~ , o ~~ 11 Hydrostatic Pressure Testing 1 L.S. 1 z(,, - °G j;j - G6 t2 Bacteriological & Disinfection t LS. •U© t3 ~ -o° 13 Remove existin water main "-1 t 1 L.F e ~ v (s09 • S~ 14 Temporary Jumper Connection I E.A. ~( SD' c 950 . o U 15 16" D.I.P. Water Main -Relocation (Sta 26+50 to Sta 33+19) L.F. Legends Way -Phase 3 -Bid Form Kimley-Horn and Associates, Inc. Project: Legends Way 3404 Southern Trace Project #: 042356006 The Villages, FI 32162 Ph: 352-259-2232 Fax: 352-259-1584 Page 2 of 2 10/1 /2007 ROADS 1 4" Thick Concrete Sidewalk z i SO S.Y. Z,Q • ZO ~ ~{ Sv S• `'o 2 6" Thick Concrete Multi Use Trail (12' wide) 1'"1 1 S.Y. 0 5 ZS• eS 3 6" Thick Concrete Multi Use Trail (10' wide) S.Y. ' . GS G qE . two 4 ADA Handicap Ramps w/ Detectable Warning E.A. Q ~ " OQ • o0 5 Remove Existing Pavement Section (Station 9+00 to 10+00) `I S.Y. ao -~~' LEGENDS WAY NEW ROAD CONSTRUCTION 6 2.5"Types-III (2 lifts) •10 S.Y. ( .7G 9(~ G(°• v 7 10' Limerock Base "~0:~'7 S.Y. ` Z S ~ 1 t . ~ S 8 12" SubBase ~ G•3 S.Y. I , ~,5 iO ? 5~ • ~5 9 Prime Coat 'j03-7 S.Y. O. 40 7. $ l y • 8d PAVEMENT WIDENING ON LEGENDS WAY 10 2" Type S-III (2 lifts) pq S.Y. y •-~ 2 ~ 2,1 ~ r0 11 8" Limerock Base Q S.Y. ', . to j (, O • i0 12 12" SubBase $ fo S.Y. l . 2S S• OG 13 Prime Coat p9 S.Y. Q.yO j •to0 14 Remove Existing Pavement Section ~ g.Y. - pp -1~ ~ . uU 15 Mill and Resurface i 7 S.Y. I _Qp ~ ~ '7y - 3G CHAMPIONS WAY NORTH IMPROVEMENTS 16 2" Type S-III (2 lifts) ~} O S.Y. f 3 • $O G O 17 8" Limerock Base S.Y. `-t. ?O 3 (o ~(fl• ~' G 18 12" SubBase -~j'j S.Y. I .2S "'( ~ 2 19 Prime Coat y$G S.Y. O. y~ I y 2 • O o 20 Remove Existing Pavement Section OGG S.Y. ~„ .00 . a 21 Remove Existing Sidewalk ~{~{9 S.Y. j_ (~, ~ 3~ SO 22 Remove Existing Barbed Wire Fence I L.S. 1 S00.aG i SOU a ~ 23 Excavation t p _t{$ C.Y. - `JD 1 r1' 9 ~ 1 - SO 24 Embankment O C.Y. •p0 23g `j p.oo 25 Sodding { 000 S.Y. i.7S z2, '1SG'°O 26 Signage and Marking ~ L.S, to Z~5'V° ~ . oG 27 6' Tall Black Chain link Fence 1 L.S. S'1 IS°u~ 7l ° ~' 28 Remove existing Road Barricades 1 L.S. - p - -- p - MISC. 1 Mobilization 1 L.S. -r'O •Z d O ° 2 Geotechnical Testing t L.S. 10 S 8i ° ` ~ t 0 ' $ . I O 3 Construction Stakeout 1 L.S. I "; O - • ~ ° !3 D l f • 7 4 Record Drawings t L,g. 4 . °o z bG . 0 0 TOTAL ~ pg'lpf,y. S The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conddions. Opinions of probable casts provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. Legends VIOay -Phase 3 -Multi Use Trait -Alternate Bid Form Kimley-Horn and Associates, Inc. Project: Legends Wey - 3404 Southern Trace Project #: 042356006 The Villages, FI 32162 Ph, 352-259-2232 Fax:352-259-1584 Type of Estimate: Road Improvement Quantities Take-Off 8y: CMG 8/27/2007 Estimated By: CMG 8/2712007 Based on: 100% Engineering plans dated July 27; 2007 Item No. Description Quantity Units CostlUnit Amount RQaDS I 1 1 1/4' Type IIII Structural Course ~qOq S.Y. ~~(p S' zSj lLyiZ' ~" _ 2 5 Limerock Base 3 S.Y. (p~S..i - J.S -77.3C' _ 3 8' SubBase ~ S,Y. _ l ~,~ Ej•)„3jV~. iv IOIAL The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information knovan to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. The undersigned further agrees to execute the Contract within ten (10) calendar days after receipt of notice of award, and within the time frame of Division X. The undersigned further agrees to bear the full cost of maintaining all work until the final acceptance. The undersigned further declares that his Bid is based on specifications as modified by the following Addenda: .~~ Addendum No. Addendum No. Addendum No. 3 Qj7-~~a? ~ Dated ~ Addendum No. Dated Dated R~~-~f~z Addendum No. Dated Dated ~o~z~o~ Addendum No. Dated The undersigned Contractor's address and principal place of business is ~ ~ ~' ~~ fk`~~ ~ Jt~ iVltr~r~~l~, Ft :715 If Contractor is corporation, list the names, titles, and business addresses of its President, Secretary and Treasurer: 1. PRESIDENT .. ~ Address ~~~ ~~" ~a~~~.~t 't,~0.G ~~ ,~ 7%~ (ame) ~,~~Yt~i ~'~'i -~ Z. SECRETARY _ ~- ~~ t Address (Name) 3. TREASURER ~ ~ ~ ~. ~ tM1 Address Name) ~~G~'1n~.l.~t'~.1 , ~1. ~T ~ ~j W-5 Said corporation is qualified to do business in the State of Florida. .~ i t~'t1 ~ 4~'i _ 4i1~~'1r[Al, C~1 I N1i', Corporate Name B ` '" ~' 1 / Y• President ***CORPORATE SEAL*** or Qualifying Agent Contractor's Registration or Certification No. If Contractor is not a corporation, list the name(s) and business address(es) of its owner(s), joint venturers or partners: 1. Address _ (Name) 2. Address _ (Name) 3. Address _ (Name) The said company or business entity is a sole proprietorship, partnership, or joint venture and is trading and doing business as -- (Company Name). By: Name of Firm or Qualifying Agent Contractor's Registration or Certification No. W-6 FLORIDA TRENCH SAFETY ACT CERTIFICATION AND DISCLOSURE STATEMENT The undersigned acknowledges the requirements of the Florida Trench Safety Act (Section 553.60 et. seq. Florida Statutes). A. The Bidder further acknowledges that the Florida Trench Safety Act, (the Act) establishes the Federal excavation safety standards set forth at 29 C.F.R. Section 1926.650 Subpart P, as the interim state standard until such time as the State of Florida, through its Department of Labor and Employment Security, or any successor agency, adopts, updates or revises said interim standard. This State of Florida standard may be supplemented by special shoring requirements established by the State of Florida or any of its political subdivisions. B. The Bidder, as Contractor, shall comply with all applicable excavation/trench safety standards. C. The Contractor shall consider the geotechnical data available from the City, if any, the Contractor's own sources, and all other relevant information in its design of the trench safety system to be employed on the subject Project. The Contractor acknowledges sole responsibilities for the selection of the data on which it relies in designing the safety system, as well as for the system itself. D. The amounts that the Bidder has set forth for pipe installation includes the following excavation/trench safety measures and the linear feet of trench excavated under each safety measure. These units, costs, and unit values shall be disclosed solely for the purpose of compliance with procedural requirements of the Act. No adjustment to the Contract time or price shall be made for any difference in the actual number of linear feet of trench excavation, except as may be otherwise provided in these Contract Documents. Trench Safety Measure Descri tion Units of Measure (LF, SF) Unit (Quantity) Unit Cost Extended Cost A. B. C. D. E F. For Information Only, Not for Payment Purposes $ Bidder may use additional sheets as necessary to extend this form. W-7 Failure to complete the above may result in the bid being declared non-responsive. E. The amount disclosed as the cost of compliance with the applicable trench safety requirements does not constitute the extent of the Contractor's obligation to comply with said standards. The Contractor shall extend additional sums at no additional cost to the City, if necessary, to comply with the Act (except as may otherwise be provided). F. Acceptance of the bid to which this certification and disclosure applies in noway represents that the City or its representative has evaluated and thereby determined that the above costs are adequate to comply with the applicable trench safety requirements nor does it in any way relieve the Contractor of its sole responsibility to comply with the applicable trench safety requirements. Address: Company Name and Title Telephone: (~~>L) ~h (~ `-~ - 5 ~~~.~> C W-8 DIVISION X AGREEMENT THIS AGREEMENT, made and entered into by and between the City of Clermont, a political subdivision of the State of Florida, hereinafter designated the CITY, and Boykin Construction Incorporated authorized to do business in the State of Florida, with principal place of business located at 116 W. Center Street, Minneola, Florida 34715 hereinafter designated the CONTRACTOR, WITN ESSETH That for and in consideration of the sum of One million seven thousand three hundred twenty one dollars and zero cents ($1,007,321.00) to be paid by the CITY to the CONTRACTOR as herein provided, and in further consideration of the mutual covenants and promises to be kept and performed by and between the parties hereto, it is agreed as follows: A. THE CONTRACTOR AGREES: 1. To furnish all services, labor, materials and equipment necessary for the complete performance, in a thorough and workmanlike manner, of the work contemplated under LEGENDS WAY PHASE 3 in Clermont, Florida, to comply with the applicable standards, and to perform all work in strict accordance with the terms of the Contract Documents, defined in Section D of this Agreement. 2. To commence work under this contract with an adequate force and equipment within ten (--10--) consecutive calendar days after receipt of written notice from the CITY to proceed hereunder, and to fully complete all necessary work under the same within not more than one hundred ten (200) consecutive calendar days, or by date September 19, 2008, whichever comes first. It is understood and agreed that the date on which the consecutive calendar days will begin to be charged to the project shall be the thirtieth (30th) calendar day from the date of receipt of the Notice to Proceed. Time of performance and completion of the X-1 contract is of the essence. 3. That upon failure to complete all work within the time provided for above, the Contractor shall pay to the City such sums as shall be determined in accordance with the Liquidated Damages provision of this contract, and the payment of such sum shall be secured as provided for therein. 4. That the CONTRACTOR and each subcontractor shall furnish to the CITY, upon demand, a certified copy of the payroll covering work under this contract, together with such other information as may be required by the CITY to ensure compliance with the law and the provisions of this contract. 5. To procure and maintain all insurance as required by the Instructions to Bidders. 6. To procure and maintain all permits and licenses which may be required bylaw in connection with the prosecution of the work contemplated hereunder, except for those permits obtained by the City as expressly set forth in Division P of the Contract Documents. 7. To permit any representative(s) of the CITY, at all reasonable times, to inspect the work in progress or -any of the materials used or to be used in connection therewith, whether such work is located on or off the project site, and to furnish promptly, without additional charge, all reasonable facilities, labor and materials deemed necessary by the City's Engineer, for the conducting of such inspections and tests as he may require. 8. Unless otherwise provided in the special provisions, conditions and specifications, to assume liability for all damage to work under construction or completed, whether from fire, water, winds, vandalism, or other causes, until final completion and acceptance by the City and notwithstanding the fact that partial payments may have been made during construction. 9. No subcontract or transfer of contract shall in any case release either the Contractor or his surety of any liability under the contract and bonds. The City reserves the X-Z right to reject any subcontractors or equipment. 10. The Contractor shall indemnify, pay the cost of defense, including attorneys' fees, and hold harmless the City from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, persons or property by or from the said Contractor; or by, or in consequence of any neglect in safeguarding the work; or through the use of unacceptable materials in the construction of improvements; or by, or on account of any act or omission, neglect or misconduct of the said Contractor; or by, or on account of, any claim or amounts recovered for any infringement of patent, trademark or copyright; or from any claims or amounts arising or recovered under the "Workers' Compensation Law" or of any other laws, by-laws, ordinance, order or decree, including any joint negligence of the City, except only such injury or damage as shall negligence of the City, except only such injury or damage as shall have been occasioned by the sole negligence of the City; and so much of the money due the said Contractor under and by virtue of his Contract as shall be considered necessary, may be retained by the City or, in case no money is due, his surety shall be held until such suits, actions or claims for injuries or damages shall have been settled and suitable evidence to that effect furnished to the City. The City and the Contractor agree the first $100.00 of the Contract amount paid by the City to the Contractor shall be given as separate consideration for this indemnification, and any other indemnification of the City by the Contractor provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by the Contractor by the Contractor's execution of the Agreement. The Contractor shall guarantee the payment of all just claims for materials, supplies, tools, labor or other just claims against him or any subcontractor in connection with this Contract; and his bonds will not be released by final acceptance and payment by the City unless all such claims are paid or released. X-3 B. THE CITY AGREES: To pay to the Contractor the contract price hereinabove specified, as follows: If progress satisfactory to the City is being made by the Contractor, the Contractor will receive partial payments, not more frequently than once a month, on this contract as the work progresses, based upon estimates of the amount of work done less payments previously made. In each case 10% of each progress payment shall be withheld as retainage until 50% completion of the project. After 50% completion of the project, the City shall withhold 5% of each subsequent progress payment. Payment of retainage shall be as set forth in Section 218.735, Florida Statutes (2005). Neither progress payment nor partial or entire use or occupancy of the project by the City shall constitute an acceptance of work not in accordance with the Contract Documents. The City, prior to making of any payment, may require the Contractor to furnish a certificate or other evidence showing the amount of work done or completed at that time. C. IT IS MUTUALLY AGREED: 1. That no change, alteration, amendment, payment for extra work or agreement to pay for same, shall be binding upon the City until its Engineer has approved the same, and until the same shall be properly approved in accordance with Board policy. 2. That the Engineer shall represent the City insofar as prosecution of the work, and interpretation of the plans and specifications are concerned, and that no payments shall be made by the City under this contract except upon the certificate of the Engineer. 3. This Contract shall be interpreted under and its performance governed by the laws of the State of Florida. 4. The failure of the City to enforce at any time or for any period of time any X-4 one or more of the provisions of the Contract Documents shall not be construed to be and shall not be a waiver of any such provision or provisions or of its rights thereafter to enforce each and every such provision. 5. Each of the parties hereto agrees and represents that this Contract comprises the full and entire agreement between the parties affecting the work contemplated, and that no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to execution hereof shall be deemed merged into, integrated and superseded by this Contract. 6. Should any provision of this Contract be determined by a court to be unenforceable, such determination shall not affect the validity or enforceability of any section or part thereof. D. The following named Documents, which shall be referred to as the "Contract Documents," are by reference hereby incorporated into this contract: DIVISION A Instructions to Bidders DIVISION B General Conditions ADDENDUM #1 Pre-Bid Meeting Minutes DIVISION W Proposal and Bid DIVISION Y Performance Bond Payment Bond DIVISION Z Affidavit by General Contractor APPENDIX Al "Sample Change Order" Construction Plans prepared by the Engineer of record for this project. E. Notices. 1. All notices, demands, or other writings required to be given or made or X-5 sent in this Contract, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when in writing and addressed as follows: C~ Contractor City of Clermont 685 W. Montrose Street Clermont, Florida 34711 2. All notices required, or which may be given hereunder, shall be considered properly given if (a) personally delivered, (b) sent by certified United States mail, return receipt requested, or (c) sent by Federal Express or other equivalent overnight letter delivery company. 3. The effective date of such notices shall be the date personally delivered, or if sent by mail, the date of the postmark, or if sent by overnight letter delivery company, the date the notice was picked up by the overnight letter delivery company. 4. Parties may designate other parties or addresses to which notice shall be sent by notifying, in writing, the other party in a manner designed for the filing of notice hereunder. F. This contract shall be binding upon, and shall insure to the benefit of the executors, administrators, heirs, successors and assigns of the Contractor. X-6 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the day and year as written. CITY OF CLERMONT .~%~ ..~.~.~~ Harold S. Turville, Jr., Mayor This day of ~f < 20~ Contractor's Name ~C This // day of /1~Jg,-LG. , 200 g A' Tracy Ackroy¢", ~i'ty Clerk Cii:~i ofof Cler ont Clermont, Florida Approved as to form and legality by City Attorney for City of Clermont, Florida City of Clermont 685 W. Montrose Street Clermont, Florida 34711 (352) 394-4081 Dan Man arcs City Attorney ATTEST: Print Na e: eh ~ G Title: sj ., ***CORPORATE SEAL*** OR WITNESSES: ~j~ Print Name: ~~`l ~'sE'_ ~y--q"s~-- Print Name: ~~eH~,~~'l- G. !S~/~',~ Business Address: ~ U . J>~'~ ~ ~ /til i nn~~ ~h ~/~ ~ b7 Ss. ~` UC l 2. Z. ~~"~ / Contractor's Reg. or Cert. No. X-7