974-St Johns Pkwy Const CO 1SECTION 00520
AGREEMENT FORM
PART 1 GENERAL
1.01 THIS AGREEMENT, made this/___.~day of t/'~ ~-,~0'~, by and between
City of Sanford, hereinafter called the Owner, and/The Briar Corporation, doing business
as a Corporation, and hereinafter called the Contractor.
1.02 The Owner and Contractor agree as follows:
Contract Documents
The Contract Documents consist of this Agreement; all items listed in the index to
the Project Manual; the Drawings as listed in the Project Manual; the Florida
Department of Transportation Standard Specifications for Road and Bridge
Construction, latest non-metric edition, as incorporated by the Project Manual; all
Addenda issued prior to and all Change Orders issued after execution of this
Agreement. These form the Contract and all are as fully a part of the Contract as
if attached to this Agreement or repeated herein.
Scope of Work
The Contractor shall per[orm all work required by the Contract Documents for the
construction of the St. Johns Parkway East Construction (Rinehart Road to Upsala
Road), IFB 01/02-19.
Contract Time
The Contractor shall begin work after the issuance of a written Notice to Proceed
and shall complete substantially complete the work in accordance with the following
schedule:
Work in the Rinehart Road right-of-way, and from Rinehart Road to station
114+00, plus the three stormwater ponds and stormwater piping and
structures interconnecting the ponds and pond outfall, shall be substantially
completed by October 7, 2003.
All other work shall be substantially completed within 210 calendar days of
the date of the Notice to Proceed.
The work shall be finally complete, ready for Final Payment in accordance with the
General Conditions, within 30 calendar days from the two substantial completion
dates.
Liquidated Damages
OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not substantially
00520-1
SPECLIB081600
complete within the time specified in Paragraph C above, plus any extensions
thereof allowed in accordance with the General Conditions. They also recognize
the delays, expense and difficulties involved in proving in a legal arbitration
proceeding the actual loss suffered by OWNER if the Work is not substantially
complete on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay the following for each calendar day that expires after the
time specified in Paragraph C for substantial completion until the work is
substantially complete:
$1000 per day for each calendar day that expires starting on _October 8,
2003 and until January 7, 2004 that work in the Rinehart Road right-of-way,
and from Rinehart Road to station 114+00, plus the three stormwater ponds
and stormwater piping and structures interconnecting the ponds and pond
outfall is not complete. This amount increases to $5000 per day starting on
January 8, 2004 for each calendar day that expires until this work is
substantially complete.
$1000 per calendar day that expires after the 210th day that all other work,
other than the work identified in paragraph 1 above is not substantially
complete.
It is agreed that if this Work is not Finally completed in accordance with the
Contract Documents, the CONTRACTOR shall pay the OWNER as
liquidated damages for delay, and not as penalty, one-fourth (¼) of the rates
set forth above.
The liquidated damage amounts specified in paragraphs 1-3 is not additive.
In the event both portions of the work identified in paragraphs 1 and 2 is not
complete, then the liquidated damages per day will be the higher of the
amounts specified.
Contract Price
Unit Price Contract
The Owner will pay the Contractor in current funds for the performance of the work,
subject to additions and deductions by Change Order and subject to the
Measurement and Payment Provisions, and subject to actual constructed quantities;
the Total Contract Price of One million nine hundred thirty-seven thousand six
hundred fifty-one and 00/100 Dollars ($1,937,651.00). Payments will be made to
the Contractor on the basis of the Schedule of Unit Prices included as a part of his
Bid, which shall be as fully a part of the Contract as if attach~ed or repeated herein.
Payments
The Owner will make payments as provided in the General Conditions and
Supplementary Conditions.
s.~cusoa~soo 00520-2
G. Engineer
The Project has been designed by CPH Engineers, Inc., referred to in the
documents as the Engineer, whose authority during the progress of construction is
defined in the General Conditions and Supplementary Conditions.
H. Property Owner
Eoghan N. Kelley, Harold G. Hartsock, Trustee of Seminole Farms Trust IV, Harold
G. Hartsock, as Successor Personal Representative of the estate of Viola Kastner,
are all collectively known as the "Property Owner" of the construction areas outside
the St. Johns Parkway right-of-way. There is no contractual relationship between
Property Owner and The Briar Corporation; however, the following work items are
paid for by the Property Owner (through the Owner):
Description
Clearing and Grubbing (Offsite Wetlands)
Subsoil Excavation (Demucking Offsite Wetlands)
Import Fill
Seeding and Mulch (Offsite Area)
Water Main, Reclaimed Water Main, and Force Main Relocation and
Construction
1.03
During construction, Property Owner has the right to inspect work on its property,
review Payment Applications relating to work items that it pays for, and to review
Change Orders relating to items it pays for and work conducted on its property.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
CONTRACTOR:
The Briar Corporation / /
Nam F'm ,~/
B2)'(Signature)
Robe~r'~rell - Vice President/'~
,.--~-Pf-k~ed Narr~ a~d Title / /
.~t~st (Signature)
Pauline Page, Office Manager
Printed Name and Title
(Seal)
SPECLIB081500
00520-3
OWNER:
City of Sanford
By (Signature)
Brady Lessard - Mayor
Printed Name and Title
Janet R. Douqherty, CMC - City Clerk
Printed Name and Title
(Seal)
END OF SECTION
00520-4
SPECL~BO81600
SECTION 00950
CHANGE ORDER FORM
Change Order No.
Project Title
Bid No.
Owner:
Contractor:
Agreement Date:
1
St. Johns Parkway East Construction (Rinehart Road to Upsala Road)
IFB 01 /02- 19
City of Sanford
The Briar Corporation
IThis Change Order is necessary to cover changes in the work to be
performed under this Agreement. The GENERAL CONDITIONS,
SUPPLEMENTARY CONDITIONS, and STANDARD SPECIFICATIONS
apply to and govern all work under this Change Order.
THE FOLLOWING CHANGES ARE MADE TO THE CONTRACT DOCUMENTS:
(1) Original Contract Price
(2) Current Contract Price (Adjusted by Previous Change Orders)
(3) Total Proposed Change in Contract Price
(4) New Contract Price (Item 2 + Item 3)
(5) Original Contract Time
Rinehart Rd to Sta. 114+00
All other Work Outside Rinehart Rd. to Sta. 114+00
(6) Current Contract Time (Adjusted by Previous Change Orders)
Rinehart Rd to Sta. 114+00
All other Work Outside Rinehart Rd. to Sta. 114+00
(7) Total Proposed Change in Contract Time
Rinehart Rd to Sra. 114+00
All other Work Outside Rinehart Rd. to Sta. 114+00
(6) New Contract Time (Item 6 + Item 7)
Rinehart Rd to Sra. 114+00
All other Work Outside Rinehart Rd. to Sta. 114+00
(9) Original Contract Substantial Completion Date
Rinehart Rd to Sra. 114+00
All other Work Outside Rinehart Rd. to Sta. 114+00
(10) New Contract Substantial Completion Date
Rinehart Rd to Sra. 114+00
All other Work Outside Rinehart Rd. to Sta. 114+00
$1,937,651.00
$11937,651.00
$ 777,342.44
$2,7141993.44
169 Days
210 Days
169 Days
210 Days
0 Days
0 Days
169 Days
210 Days
October 7, 2003
November 17, 2003
October 7, 2003
November 17, 2003
J :\S0638 02~wOrd~pec\C~ange Order No. I d~c
Page 1 of 5
FUNDING SOURCE SUMMARY
New Contract Price .~2,714,993.44
FUNDING SOURCE AMOUNT
Penny Sales Tax Funds $2,041,008.23
Wal-Mart Funds $173,617.12
Kelley (Property Owner) Funds $496,934.60
City Funds (Landscape and Irrigation) $3,433.49
TOTAL CONSTRUCTION COST $2,714,993.44
CHANGES ORDERED
ITEM 1
Description of Change: Add import Fill to Contract
Reason for Change: The Agreement between the City of Sanford and Eoghan N.
Kelley (Construction of St. Johns Parkway and Permanent Drainage Easement), dated 3/28/01,
requires City to clear and grub and grade Kelley property outside the St. Johns Parkway right-
of-way. The Agreement also requires filling the Kelley property using excess fill excavated from
the St. Johns Parkway stormwater pond construction. In the event there is insufficient suitable
excess fill for filling of the Kelley property, the Agreement requires the import of fill to the project
site to be provided by Kelley. In order to facilitate the transfer of imported off.site fill to the
project to supplement the excess pond fill available to fill the Kelley property, the work is being
added to this contract between the City and The Briar Corporation. The City and Kelley and
Wal-Mart have agreed payment for this change order item to Briar will be paid by all three
parties in accordance with the following funding summary (Briar will be paid entirely by the City,
and the City will seek funds from Kelley and Wal-Mart relating to the amounts shown herein).
Change in Contract Price: $740,311.75 (Lump Sum)
Change in Contract Time: 0 Days
Funding Source:
$407,077.56 - Kelley Funds
$100,000.00 - Wal-Mart Funds
$233,234.19 - Penny Sales Tax Funds
J:\$0638.02\wOfd~pec~Change Order' NO, 1 .doc
Page 2 of 5
ITEM 2
Description of Change: Kelley Construction Quantity and Unit Price Adjustment
Reason for Change: Based on information provided by Kelley and as requested by
Kelley, the estimated quantity of demucking of the wetlands on Kelley property has been
decreased, and by execution of this change order, has been changed to a lump sum price pay
item (instead of unit price). The estimated quantity of seeding and mulching of the Kelley
property has increased due to more accurate property boundary measurements. Unit price
adjustments to the work to be paid for by Kelley (due to delay in the construction start) have
also resulted in minor changes to the construction costs to be paid for by Kelley. (Kelley pays
for clearing and grubbing and demucking of wetlands on his property, grassing his property, and
utility stubout construction serving his site). The Change Order Attachment provides detailed
cost breakdowns showing these changes.
Change in Contract Price: ($60,765.32)
Change in Contract Time: 0 Days
Funding Source:
Kelley Funds
ITEM 3
Description of Change: Wal-Mart Construction Quantity and Unit Price Adjustment
Reason for Change: At the request of Wal-Mart, additional sidewalk will be added to
the west driveway entrance. Unit price adjustments to the work to be paid for by Wal-Mart (due
to delay in the construction start) have also resulted in a minor increase to the construction cost
to be paid for by Wal-Mart. (VVaI-Mart pays for turn lane, sidewalk, and utility stubout
construction serving its site). The Change Order Attachment provides detailed cost breakdowns
showing these changes.
Change in Contract Price: $2,022.68
Change in Contract Time: 0 Days
Funding Source:
Wal-Mart Funds
ITEM 4
Description of Change: Project Quantity and Unit Price Adjustment
Reason for Change: Bids were received for this project on 3/21/02. Per the bidding
and contract documents, bid prices are to remain valid for a period of 90 days after bid opening.
Due to the City s on-go'ng negotiations with the Property Owner (Kelley), several changes have
Page 3 of 5
been made to the plans including pond location adjustments, north construction limit
adjustment, road elevation adjustment, and median opening adjustments, resulting in the
contract not being executed until well beyond the 90 day bid price time frame. There were also
signalization adjustments as requested by Seminole County Traffic Division, and minor storm
piping adjustments. All of these changes (unit price changes and quantity adjustments), plus
the change of the Subsoil Excavation (Roadway R/VV) from a unit price item to lump sum item,
and an increase in the mobilization due to significantly higher fuel prices are shown in the
Change Order Attachment.
Change in Contract Price: $95,773.33
Change in Contract Time: 0 Days
Funding Source:
$96,118.61
($345.28)
Penny Sales Tax Funds
City Funds (Landscape and Irrigation)
CHANGE ORDER SUMMARY
1 Add Import Fill to Contract Kelley Funds $407,077.56 0 Days
Wal-Mart Funds $100,000.00
Penny Sales Tax $233,234.19
2 Kelley Construction Quantity and Unit Kelley Funds ($60,765.32) 0 Days
Price Adjustment
3 Wal-Mart Construction Quantity and Wal-Mart Funds $2,022.68 0 Days
Unit Price Adjustment
4 Project Quantity and Unit Price Penny Sales Tax $96,118.61 0 Days
Adjustment City Funds ($345.28)
TOTAL $777,342.44 0 Days
FUNDING SUMMARY
Funding Source Ori~linal Cost Change in Cost New Cost
Penny Sales Tax $1,711,655.43 $329,352.80 $2,041,008.23
Kelley Funds $150,622.36 $346,312.24 $496,934.60
Wal-Mart Funds $71,594.44 $102,022.68 $173,617.12
City Funds (Landscape and Irri~lation) $3,778.77 ($345.28) $3,433.49
'TOTAL $1,937,651.00 $777,342.44 $2,714,993.44
Page 4 of 5
WAIVER This Change Order constitutes full and mutual accord and satisfaction for the
adjustment of the Contract Price and Contract Time as a result of increases or decreases in
cost and time of performance caused directly and indirectly from the change. Acceptance of
this Waiver constitutes an agreement between OWNER and CONTRACTOR that the Change
Order represents an equitable adjustment to the Agreement and that CONTRACTOR shall
waive all rights to file a Contract Claim or claim of any nature on this Change Order. Execution
of this Change Order shall constitute CONTRACTOR's complete acceptance and satisfaction
that it is entitled to no more costs or time (direct, indirect, impact, etc.) pursuant to this Change
Order.
APPROVAL AND CHANGE ORDER AUTHORIZATION
ACKNOWLEDGMENTS
The aforementioned change, and work affected thereby, is subject to all provisions of the
original Agreement and specifically changed by this Change Order; and
It is expressly understood and agreed that the approval of the Change Order shall have no
effect on the original Agreement other than matters expressly provided herein.
(.,~"creta ry)
3/11/2003
Date
(Corporate Seal)
The Briar Corporation
Contractor
Robert E. Harrell - Vice President
Printed.,J~m~ apd Title of (~'ficer ,,
,~y~ignature) J
3/11/2003
Date
ATTEST:
anet R. Dougherty, C~C - Cit~:~lerk)
Date ~/
(Seal)
City of Sanford
Owner
Brad.v.L~ssard - Mayor ,~,
Pn t Name an .Title
By (Signature) /
Date
Page 5 of 5
CHANGE ORDER NO. 1
ATTACHMENT
CITY OF SANFORD
ET. JOHNS pARKWAY EAST CONSTRUCTION (RINEHART ROAD TO U~A~A ROAD)
CHANGE ORDER NO. 1
A~tachment
ITEM I. ADD IMPORT FiLL TO CONTRACT
8" RWM
· RWM
E ORDER RE¥1$EO
BoSom Grate Inl~
H Ditch ~tom In
J;~J638.02~exceEChange Order No I AltaChment xls
93 3
47 ?
5
4
2
307
292
525
?74
325
490
845
4
236
5
38
78O
235
25
36
1519
Z31
$27692
Change Order No.
Project Title
Bid No.
Owner:
Contractor:
Agreement Date:
St. Johns Parkway East Construction (Rineha~ Road to Upsala Road)
IFB 01 /02- 19
~ of Sanford
The Bria~
April 14, 2003
IThis Change Order is necessary to cover changes in the work to be
performed under this Agreement. The GENERAL CONDITIONS,
SUPPLEMENTARY CONDITIONS, and STANDARD SPECIFICATIONS
apply to and govern all work under this Change Order.
THE FOLLOWING CHANGES ARE MADE TO THE CONTRACT DOCUMENTS:
(1) Original Contract Price
(2) Current Contract Price (Adjusted by Previous Change Orders)
(3) Total Proposed Change in Contract Price
(4) New Contract Price (Item 2 + Item 3)
(5) Original Contract Time
Rinehart Rd to Sta. 114+00
All other Work Outside Rinehart Rd. to Sta. 114+00
(6) Current Contract Time (Adjusted by Previous Change Orders)
Rinehart Rd to Sra. 114+00
All other Work Outside Rinehart Rd. to Sta. 114+00
(7) Total Proposed Change in Contract Time
Rinehart Rd to Sra. 114+00
Ail other Work Outside Rinehart Rd. to Sta. 114+00
(8) New Contract Time (Item 6 + Item 7)
Rinehart Rd to Sra. 114+00
All other Work Outside Rinehart Rd. to Sta. 114+00
(9) Original Contract Substantial Completion Date
Rinehart Rd to Sra. 114+00
All other Work Outside Rinehart Rd. to Sta. 114+00
(10) New Contract Substantial Completion Date
Rinehart Rd to Sra. 114+00
All other Work Outside Rinehart Rd. to Sta. 114+00
$1,937,651.00
$2,714,993.44
$71,722.39
$2,786,715.83
169 Days
210 Days
169 Days
210 Days
15 Days
15 Days
184 Days
225 Days
October 7, 2003
November 17, 2003
October 22, 2003
December 2 2003
J:\S0638.02\word'Spec\Change Order NO, 2.doc
Page 1 of 4
CHANGE ORDER FUNDING SOURCE SUMMARY
FUNDING SOURCE AMOUNT
Penny Sales Tax Funds $65,564.55
Wal-Mart Funds $0.00
Kelley (Property Owner) Funds $0.00
City Funds $6,157.84
TOTAL CONSTRUCTION COST $71,722.39
CHANGES ORDERED
ITEM 1
Description of Change:
Reason for Change:
Change in Contract Price:
Change in Contract Time:
Funding Source:
Work Directive No. 1
Copy Attached
$12,636.71
5 Days
Penny Sales Tax Funds
ITEM 2
Description of Change: Hauling Off and Replacement of Unsuitable Material
Reason for Change: At the request of the City of Sanford and Universal Engineering,
Briar was instructed to haul off the unsuitable materials that were encountered during the
installation of the storm sewer east of approximately station 118+00 and replace with suitable
fill.
Change in Contract Price:
Change in Contract Time:
Funding Source:
$52,927.84
7 Days
Penny Sales Tax Funds
J :\S0638.02\w~3rd~ pec'~ha nge Order NO. 2.doc
Page 2 of 4
ITEM 3
Description of Change: Force Main Stub-Out at Station 101+50
Reason for Change: At the request of the City of Sanford, an additional 8" force main
stub-out has been installed along the Rinehart Road PJW to bring the existing force main to the
north side of the future St Johns Pky.
Change in Contract Price: $6,157.84
Change in Contract Time: 3 Days
Funding Source: City Funds
CHANGE ORDER SUMMARY
1 Work Directive No. 1 Penny Sales Tax $12,636.71 5 Days
2 Hauling Off and Replacement of Penny Sales Tax $52,927.84 7 Days
Unsuitable Material
3 Force Main Stub-Out at Station 101+50 City Funds $6,157.84 3 Days
TOTAL $71,722.39 t5 Days
J :\S0638.02~w~ord~spec\Change Order NO. 2.doc
Page 3 of 4
WAIVER This Change Order constitutes full and mutual accord and satisfaction for th.e
~djustment of the Contract Price and Contract Time as a result of increases or decreases m
cost and time of performance caused directly and indirectly from the change. Acceptance of
this Waiver constitutes an agreement between OWNER and CONTRACTOR that the Change
Order represents an equitable adjustment to the Agreement and that CONTRACTOR shall
waive all rights to file a Contract Claim or claim of any nature on this Change Order. Execution
of this Change Order shall constitute CONTRACTOR's complete acceptance and satisfaction
that it is entitled to no more costs or time (direct, indirect, impact, etc.) pursuant to this Change
Order.
APPROVAL AND CHANGE ORDER AUTHORIZATION
ACKNOWLEDGMENTS
The aforementioned change, and work affected thereby, is subject to all provisions of the
original Agreement and specifically changed by this Change Order; and
It is expressly understood and agreed that the approval of the Change Order shall have no
effect on the original Agreement other than matters expressly provided herein.
Date
(Corporate Seal)
The Briar Corporation
Contractor
Robert E. Harrell - Vice President
Printe~ Na~ne~and 'RUe o~)fficer ,/
t~y (Signature)
Date
ATTEST:
net R. Dough~rty. C~ - City cler ,~
Date
(Seal)
City of Sanford
Owner
Br~"~-'~rd - Mayor
Pr~~~
By (Signature)/
Date
Page 4 of 4
CITY OF SANFORD
ST. JOHNS PARKWAY EAST CONSTRUCTION (RINEHART ROAD TO UPSALA ROAD)
CHANGE ORDER NO. 2
Attachment
ITEM 1 - WORK DIRECTIVE #1
DESCRIPTION
3imcSve #1
iTEM 2 - HAULING OFF AND REPLACEMENT OF UNSUITABLE MATERIAL
;ONSTRUCTION
e Matenal
nsuitable Material with Clean Fill
QUANTITY UNIT COST
$12,636.7
6751 $317 $21,400.
6751 $4~67 $31,5
ITEM 3 - FORCE MAIN STUB-OUT AT STATION 101+50
PAY ITEM NO. J.DESCRIPTION UNITS QUANTITY UNIT COS.~.~..,.,~T TOTAL CO=~
FORCE MAIN CONSTRUCTION -- -- --
Pipe(Furnish and Instal~I PVC(Push On Joint) 8"FM LF 145 $6.48 $1,229.6(
Fittin~]s (0.1.) F&I {FM) TN 0.4 $6,81623 $2,726,4~
~/alve (Plu~]) F&I (8") EA 1 $1,33619 $1,336.1!
Tapping Sleeve and Valve (8" x 8") EA I $86556 $8655(
$6,1578,
TOTAL
ITOTAL CHANGE ORDER IITEM6 1-31 $7t,722.391
CHANGE ORDER SUMMARY
$6,157.84
Original Contract Amount * CO. No I $2,714,993.44
C*O. No. 2 $71,722 39
New Contract Amount $2,786,715.83
j:\s0638,02\exceSChan6e Order No 2 Attachment.xls 9/3/03 4:40 PM
CITY OF SANFORD
ST. JOHNS pARKWAY EAST CONSTRUCTION (RINEHART ROAD TO UPSALA ROAD)
IFB 0'1/02-t9
TIME SUMMARY
T,ME CHANGEII
5
7 Days
3 Days
I
ITEM 1 - WORK DIRECTIVE #1
iTEM 2 - HAULING OFF AND REPLACEMENT OF UNSUITABLE MATERIAL
ITEM 3 - FORCE MAIN STUB-OUT AT STAT ON 101+50
TOTAL 15 Days
CONTRACT TIME SUMMARY
Date of Notice to Proceed
(Rinehart to Station 114+00)
Contract Time
Original Substantial Completion Date
Original Final Completion Date
Time Change - Change Order No. 1
Time Change - Change Order No. 2
Revised Substantial Completion Date
Revised Final Completion Date
4/21/03
169
10/7/03
11/6/03
0 Days
15 Days
10/22/03
11/21/03
(All Other Work)
Contract Time
Original Substantial Completion Date
Original Final Completion Date
Time Change - Change Order No. 1
Time Change - Change Order No, 2
Revised Substantial Completion Date
Revised Final Completion Date
210
11/17/03
12/17/03
0Days
15Days
12/2/03
1/1/04