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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