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HomeMy WebLinkAboutItem 09 Consideration of Charge Order #4 with Prime Construction Group, Inc. for the Reclaimed Water Booster Pumping Facility Project ceotet of Good Ltv iZS AGENDA ITEM COVER SHEET Meeting Date: June 21, 2005 Item # I Reviewed By: Contact Name: David Wheeler Department Director: Contact Number: 407-905-3100, ext. 1504 City Manager: /1/#a Subject: Change Order No. 4 with Prime Construction Group, Inc. for the Reclaimed Water Booster Pumping Facility Project Background Summary: The original project was bid with monitoring instrumentation from the Reuse Pumping Station to the Wastewater Treatment Plant. Upon discussions to move towards an instrumentation system that monitors and operates, upgrades to the original instrumentation were required. Additionally, it was determined that a second computer station was needed at the wastewater treatment plant to separate the plant operations from the pump station operations. By having two computer stations (each loaded with the same software and ability to operate the others system), it would allow for redundancy should one of systems go down. The change order amount to include these items is an increase in contract amount of$37,849.21 with an increase of thirty calendar days. The attached document is Change Order No. 4 with Prime Construction Group, Inc. Issue: The Reclaimed Water Booster Pumping Facility Project requires the additional equipment to more efficiently operate and provide greater flexibility above the original design intent. Recommendations The Engineering — Public Utilities staff recommends that the City Commission approve Change Order No. 4 for the upgrade in the instrumentation for the monitoring and operation of the Reuse Pumping Station in the amount of $37,849.21, with an increase in contract time of thirty days, and authorize the Mayor and City Clerk to execute the change order. Attachments: 1) Change Order No. 4 between the City of Ocoee and Prime Construction Group, Inc. Financial Impact: This change order will result in an increase of the project's construction contract by $37,849.21. Funds are available for this change order in the contingency for this project. Type of Item: ❑ Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading 0 Consent Agenda ❑ Ordinance First Reading 0 Public Hearing ❑ Resolution 0 Regular Agenda ❑ Commission Approval ❑ Discussion&Direction igi Original Document/Contract Attached for Execution by City Clerk El Original Document/Contract Held by Department for Execution Reviewed by City Attorney ❑ N/A Reviewed by Finance Dept. -Stag- El N/A Reviewed by ( ) ❑ N/A Mayor Sbe centet of Good LiTCommissioners S. Scott Vandergrift .01001.4""1-"10411V-IrDanny Howell, District 1 ,. - : k: Scott Anderson. District 2 City Manager Rusty Johnson, District 3 Robert Frank Nancy J. Parker,District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: David A. Wheeler, P.E. City Engineer&Director of Public Utilities DATE: June 21, 2005 RE: Approval of Change Order No. 4 With Prime Construction Group, Inc. For Reclaimed Water Booster Pumping Facility Project ISSUE The Engineering—Public Utilities Department requests that the City Commission approve Change Order No. 4 with Prime Construction Group, Inc. on the Reclaimed Water Booster Pumping Facility Project for the upgrade in the instrumentation for the monitoring and operation of the Reuse Pumping Station. The change order results in an increase of$37,849.21, with an increase in contract time of thirty calendar days. BACKGROUND/DISCUSSION The Reclaimed Water Booster Pumping Facility project includes the construction of a pump station, connection to the CONSERV pipeline, and associated piping and instrumentation to allow for the drawing of reclaimed water from the CONSERV pipeline, a system operated by the City of Orlando and Orange County. The City of Ocoee purchased a lot on south Maguire Road near the CONSERV pipeline that generally runs along Moore Road to be the location of the Reclaimed Water Booster Pumping Facility. The original project was bid with monitoring instrumentation from the Reuse Pumping Station to the Wastewater Treatment Plant. Upon discussions to move towards an instrumentation system that monitors and operates, upgrades to the original instrumentation were required. Additionally, it was determined that a second computer station was needed at the wastewater treatment plant to separate the plant operations from the pump station operations. By having two computer stations (each loaded with the same software and ability to operate the others system), it would allow for redundancy should one of systems go down. The negotiated cost for these work items was $37,849.21 and thirty additional calendar days in contract time. This change order provides for an increase of 3.45% in the contract amount of$1,097,000. The new contract value including this change order is $1,182,025.63 and the new contract completion date is June 17, 2005. The change order is attached for review. PEC/ LETTER OF PROFESSIONAL ENGINEERING CONSULTANTS, INC. TRANSMITTAL Suite 1560, Eola Park Centre 200 East Robinson Street DATE: May 31, 2005 JOB NO. 0E-387-3.0/6.0 Orlando, Florida 32801 (407)422-8062 (407)849-9402(ENV FAX) ENV@PECONLINE.COM ATTN: Mr. David Wheeler SUBJECT: City of Ocoee TO: City of Ocoee Reclaimed Water Booster Pumping Facility 150 N. Lakeshore Drive Ocoee, FL 34761 RE: Change Order GENTLEMEN: We are sending to you the following: ■ Attached ❑ Under Separate Cover ■ Hand Delivered I ❑ FedX-Overnight ❑ FedX-Standard ❑ Prints ❑ Shop Drawings 0 Specifications ❑ Plans 0 Permits ❑ Copy of Letter 0 Change Order 0 Reports ❑ CD 0 Manual No. No. Copies Sets Description 4 Change Order No.004 THESE ARE TRANSMITTED as checked below: • For approval ❑ As requested ❑ Approved as noted ❑ For your information ❑ For your use ❑ For review ❑ Returned for corrections I ❑ ❑ For distribution ❑ Approved as submitted , ❑ For your signature ❑ REMARKS: Please process for signature. Return one original to PEC. COPY TO: 0E387-3.0/6.0 SIGNED: �cc19 Ajry Mary Green mgreen@peconline.com K:\...\078MLOT If enclosures are not as noted,please advise. e Center of Good LIQ CITY OF OCOEE C OEngineering/Utilities - – 150 North Lakeshore Drive (407) 905-3100, Ext. 1505 /`S — Z___IN Ocoee, Florida 34761-2258 (407) 656-7835 (Fax) CHANGE ORDER NO. 004 CITY OF OCOEE PROJECT NO.: 0E-387/3.0 DATE:April 25, 2005 CONTRACTOR: Prime Construction Group, Inc. AGREEMENT DATE: Mav 4, 2004 The following changes are hereby made to the CONTRACT DOCUMENTS. Original CONTRACT PRICE $1,097,000.00 Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDER $1,144,176.42 Net Increase (Decrease) Resulting from this CHANGE ORDER $37,849.21 The current CONTRACT PRICE including this CHANGE ORDER $1,182,025.63 ORIGINAL CONTRACT TIME: 300 Consecutive Calendar Days from Notice to Proceed Date: June 7, 2004 Current CONTRACT TIME adjusted by previous CHANGE ORDERS Date: May 18, 2005 Net Increase Resulting from this CHANGE ORDER Days: 30 Current CONTRACT TIME Including this CHANGE ORDER Date: June 17, 2005 CHANGES ORDERED: I. GENERAL This change order is necessary to cover changes in the work to be performed under this Contract. The GENERAL CONDITION, SUPPLEMENTARY CONDITIONS, SPECIFICATIONS and all parts of the Project Manual listed in Article 1, Definitions, of the GENERAL CONDITIONS apply to and govern all work under this change order. II. REQUIRED CHANGES C04-01 Required changes include: (1) a Master Terminal Unit (MTU) to enable the Reclaimed Water Booster Pumping Facility to communicate data via radio telemetry to the Ocoee Wastewater Treatment Facility (WWTF) and (2) a Supervisory Control and Data Acquisition (SCADA) personal computer located at the WWTF to monitor control functions of the Booster Pumping Facility. A total of 30 calendar days to be added to the Contract Terms as a result of this change. III. JUSTIFICATION C04-01 The addition of a MTU and a SCADA PC at the Ocoee WWTF will enable the Reclaimed Water Booster Pumping Facility to be monitored and controlled from a remote site. In addition, having a separate MTU and SCADA PC allows for a system independent of the existing PLC-5 Plant Master and WWTF SCADA PC located at the Ocoee WWTF and will not require modifications to the existing system. IV. NARRATIVE OF NEGOTIATIONS C04-01 Contractor provided a lump sum cost of $37,849.21 as shown in the proposal dated April 4, 2005, which includes the Master Terminal Unit shown as Item A and the SCADA PC denoted as Item B. Item C through Item F are not included in the proposed amount. Negotiations were initiated after receipt of proposal dated January 7, 2005 in the amount of $15,461.31 which addressed the upgrade of the existing SCADA system only located at the WWTF to enable a telemetry system to be installed. This proposed upgrade and modification would require programming changes to the current Programmable Logic Controller (PLC) and would necessitate an annotated copy of the current software. The revised proposal dated April 4, 2005 proposes a system independent of the existing PLC. The clarifications and exclusions shown in the attached proposal have been reviewed and revised since the initial proposal and reflects changes which would be of the City's best interest including startup and training to be performed by the local representative company. Contractor's proposal appears reasonable and is hereby recommended for acceptance by the Engineer(PEC, Inc.). V. PAYMENT Change Order Net Increase Net Increase Item No. Description (Decrease) Unit Unit Price (Decrease) Quantity Price C04-01 Master Terminal Unit and SCADA All LS $37,849.21 $37,849.21 computer Total Net Increase(Decrease)Change Order No. 004 $37,849.21 VI. APPROVAL AND CHANGE AUTHORIZATION This proposed change to the Contract is to be approved by the Ocoee City Commission. Acknowledgments: The aforementioned change, and work affected thereby, is subject to all provisions of the original contract not 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 contract other than matters expressly provided herein. CONTRACTOR acknowledges, by its execution and acceptance of this Change Order, that the adjustments in Contract Price and Time shown hereon constitute full and complete compensation and satisfaction for all costs and modifications of performance time incurred by the CONTRACTOR as a result of this Change Order. No other claim for increased costs of performance or modifications of time will be granted by the OWNER for the Work covered by this Change Order. The CONTRACTOR hereby waives and releases any further claims for cost or time against the OWNER arising from or relating to the matters or Work set forth or contemplated by this Change Order. RECOMM • BY: ACCEPTED BY: PROFE +NAL ENG I:1���,►��i► LTANTS INC. By: /// By: (Signature) (Signature) Dat:. S a' 27 x 1 Date: Title: Construction Manager Title: APPROVED BY: CITY OF OCOEE, FLORIDA Owner By: S. Scott Vandergrift, Mayor (Date) Attest: Beth Eikenberry, City Clerk FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE, APPROVED AS TO FORM COMMISSION IN A MEETING HELD ON AND LEGALITY THIS DAY OF , 2005 UNDER , 2005. AGENDA ITEM NO. FOLEY& LARDNER By: (City Attorney) END OF SECTION Change Order Proposal Change Request No.: 477-08 Revised Date: 4-Apr-05 Owner Reference: Description: Revised US Filter Proposal for SCADA Panel Crew Size Quantity Unit Unit Price Extension PCG Labor with Burden PCG Labor Subtotal PCG Labor Markup 15.00% • Materials • Material Subtotal Material Tax 6.50% Material Markup 15.00% Equipment and Other Rentals • Rental Subtotal Rental Tax 6.50% Rental Markup 15.00% Subcontracts 1 Master Terminal Unit(Item A) 1 EA $9,244.00 $9,244.00 2 Scada PC(Item B) 1 EA $21,173.00 $21,173.00 3 Sales Tax 1 EA $1,850.02 $1,850.02 Subcontractor Subtotal $32,267.02 Subcontractor Markup 15.00% $4,840.05 Change Order Subtotal $37,107.07 Daily Jobsite Overhead Days $159.00 Small Tool Allowance $37,107.07 • $37,107.07 Bond Amount 2.00% $742.14 Change Order Grandtotal $37,849.21 Additional Contract Time requested 30 Days The Items listed above are for classification ony,this Is a Lump Sum proposal. This estimate is valid for 30 days. FAProject_Managemenklobs1477 Reclaimed Water Booster Pumping Faa1My1D6Cost ManagemenNChange Orders\Change Order•CFen14477-08 Revised SCADA PLC PaneREVISED.XtS]Chenge Shoal • CONTROL SYSTEMS 1239 WILLOW LAKE BLVD C .� C VADNAIS HEIGHTS,MN 55110 Quotation Phone: 651.766.2700 Fax: 651.766.2701 ASiemens Business Page 1of5 To: Prime Construction Group Quotation Date: 02-15-05 Bid Date/Time: n/a Estimated by: Rick Lehto Attn: Tom Perlev Phone Number: 651-766-2700 x3034 Phone: 407-856-8180 Salesperson: Ron Della Paolera Fax: 407-856-8182 Customer Reference: Prime Construction P.O. 477-09 E-Mail: Project: Ocoee, FL, Chance Order to 503577 Quotation Number: 050215RJL1 SARR USFilter Control Systems is pleased to provide a quotation in accordance with information forwarded by Ron Della Paolera about the need to provide a Master Terminal Unit and SCADA PC at the WWTP, independent of the existing PLC-5 Plant Master and plant SCADA PC.This quotation incorporates all items from our previous quotation 041015RJL1 SARR sent 10-15-04. This is a proposed change order to USFCS shop order 503577 (sold per quotation 041015RJL1 SARR). Our itemized scope of supply is listed below. USFilter Control Systems will not provide any items that are not specifically listed. Item Otv. Master Terminal Unit(MTU) A. 1 This panel is designed to communicate data from the Reclaimed Water Booster Pump Station via radio telemetry to the WWTP SCADA PC HMI, item C. This will eliminate the need to modify the existing plant PLC-5 so that it can be retained solely for its current functions. To include: 1 LOGIX5555 PROCESSOR WITH 1.5MBYTE MEMORY 1 4 SLOT CONTROLLOGIX CHASSIS 1 85-265 VAC POWER SUPPLY(5V © 10 AMP) 1 LOGIX5000 RS232 PROGRAMMER CABLE 1 ControLogix 1756-ENBT Ethernet communications module 50W heater w/80F t-stat& PSAS GFI, 125V, 20A, Ivory, Duplex NEMA 1/12 wall mounted end w/panel (30"x24"x12") PS, 24-28VDC, 4.17Amps 5 port Ethernet Switch 10/100MB, 12-30Vdc CB 100A 1P 240V 10K C:\WINDOWS\Temporary Internet Files\OLKC033\Ocoee Scope_CO2_Ocoee final.doc 4/6/2005 7:59 AM IOW /NEIL __ CONTROL SYSTEMS G Amer. .r MEM,— 1239 WILLOW LAKE BLVD C� C;�C VADNAIS HEIGHTS,MN 55110 Quotation Phone: 651.766.2700 Fax: 651.766.2701 A Siemens Business Page 2of5 Item Qty. Master Terminal Unit(MTU) 120V Surge Suppressor w/Base 120V EMI Filter Space only for radio from 503577 Total sell price for Item A is$9,244.00 net; excluding all taxes and commissions. B 1 SCADA PC A new SCADA PC dedicated to monitoring control functions of the reclaimed water booster pump system. To include: Q�t Description 1 Dell Optiplex GX280 Computer • Small mini-tower configuration • Intel P4 520 2.8 GHz CPU • 1.0 GB SDRAM • 80 GB HDD • Intel GMA900 video • 48X32 CDRW/DVD Drive • 10/100 NIC (Network Interface Card) • USB Keyboard&Optical Mouse • Microsoft Small Business • Dell M19-inch Monitor 1 System Software • Operating System: Microsoft XP Pro (2) • Remote Access Software: PCAnywhere (2) • Anti-Virus: Norton 2005 (2) • Application Software: Micrsoft Office XP Pro (2) • HMI Software: Wonderware InTouch Runtime, 1,000 tag v9.0 • Alarm Software:Wonderware SCADAIarm v5.0 NOTE: Upgrade to 3000 tag Wonderware add$680.00 net (see Optional Item F) Total sell price for Items B Is$21,173.00 net; excluding all taxes and commissions C 1 Notebook PC Notebook PC intended to interface SCADA network via a plug-in connection to the Ethernet Hub. To include: Q�t Description 1 Dell Inspirion 5160 • Intel Mobile 538 (3.20 GHz) • 15-inch SXGA display • 512MB RAM • 60 GB HDD • 24X CD-RW/DVD Drive • 56K Internal modem w/NIC • 1.44MB Floppy Drive Note: The notebook comes with Windows XP and will be loaded with Norton Anti-virus, PCAnywhere and Office XP Pro. A Wonderware license and software for this computer is not included. C:\WINDOWS\Temporary Internet Files\OLKC033\Ocoee Scope_CO2_Ocoee final.doc 4/6/2005 7:59 AM IMEMIMMIII-- ...IfCONTROL SYSTEMS Z NNW/ . — _.. 1239 WILLOW LAKE BLVD -- MEW .1•••• ~IQuotation VADNAIS HEIGHTS,MN 55110 Phone: 651.766.2700 Fax: 651.766.2701 A Siemens Business Page3of5 • Total sell price for Items C is$3,670.00 net; excluding all taxes and commissions D 1 Peripheral Equipment To include: CCS( Description 1 HP Color LaserJet 2550n or equivalent 1 UPS, Powerware PW5125 1.5 KVA Tower Model Total sell price for Items D is$2.155.00 net; excluding all taxes and commissions. Total sell price for all Items A, B, C and D is $36,552.00 net; excluding all taxes and commissions. . Optional E 1 Optional PLC Programming Software (see note 4) 1 RSLOGIX 5000 STANDARD -CD-ROM Total sell price for Optional Item E is $2,900.00,net; excluding all taxes and commissions. F 1 Optional HMI upgrade to 3,000 tag Wonderware 1 WONDERWARE InTouch 3,000 tag RUNTIME v9.0 Total sell price for Optional Item F is $980.00,net; excluding all taxes and commissions. Clarifications: 1. The major intent of this proposal is to provide a completely separate, wholly independent SCADA system dedicated solely to controlling and monitoring the Ocoee reclaimed water booster pumps per USFCS shop order 503577, including provision for interfacing future booster pump and Lift Stations. 2. The proposed Control Logix MTU, item A, is designed to provide a secure data link between the Reclaimed Water Booster Pump Station and the new SCADA PC that is expandable and independent of the WWTP functions currently being handled by an existing Allen-Bradley PLC-5. This provides the distinct advantage of being able to reconfigure and expand the booster pump network at any time without disrupting plant operation and/or modifying the existing PLC-5. 3. This proposal eliminates the need for any interface to the existing WWTP PLC-5 and/or existing SCADA HMI. 4. Programming labor to generate application-specific graphic screens and reports is not included in this proposal. Most of that labor is already included in USFCS 503577 where it was assumed those tasks would be applied to the existing HMI software, however, that labor would now be applied to this system, if sold.Additional labor for this proposal includes SCADAIarm programming, database configuration and PC setup for the new hardware and software, including the notebook computer. 5. A note on PLC software: It is assumed that the City of Ocoee does not require their own licensed, registered development copy of the PLC software, however, this option has been included for future budgetary convenience. 6. The proposed ControLogix 1756-LX PLC will provide the following communications capability: C:\WINDOWS\Temporary Internet Files\OLKC033\Ocoee Scope_CO2_Ocoee final.doc 4/6/2005 7:59 AM Miff MAW NAM CONTROL SYSTEMS NMI .�NIMIN 1239 WILLOW LAKE BLVD ��- VADNAIS HEIGHTS,MN 55110 — —--— Quotation Phone: 651.766.2700 Fax 651.766.2701 A Siemens Business Page4of5 • RS232S (Integral):This port is connected to the Integra TR Radio RS232C comm. port. • 1756-ENBT(slot-mounted): 10baseT Ethernet provides high-speed communications capability to the new SCADA PC and future Ethernet LAN devices via an Ethernet Hub. (Note: It can also provide messaging capability with the existing plant PLC-5 if required). • The 1756-DHRIO module previously included is not required for this application. It was to provide DH+communications to the existing SCADA PC as a node on the existing DH+ network. Exclusions: Unless specifically referenced above, USFilter Control Systems: • All taxes, fees, permits, lien waivers, bonds and licenses. • Startup, modifications and training trips and services are by Sanders Company. • Onsite installation supervision are by Sanders Company. • Pricing for items having a quantity of more than 1 cannot be assumed to be equally divisible into the total item price. If a quantity less than quoted is required please consult USFCS for pricing verification or a new quotation. • Receipt, storage, setting in place, installing any equipment or instrument to be by Contractor. • The supply of any mechanical appurtenances for panels or instruments. This includes, but is not limited to power company transformers/metering, pumps, motors, pull boxes,junction boxes, piping, tubing,valves, lighting panels, transformers, anchors, support stands, ground cables or rods, stilling wells, etc. • The suply-of interconnecting materials external to enclosures, i.e.wiring,cable,conduit, pressure taps,tubing, telemetry or phone lines, or special cables external to the panels. • The supply of or installation of separate mounting brackets, bases, stands, pushbutton stations, power fuses, pilot control switches, disconnects, manual starters or disconnect panels unless specifically listed in our scope of supply. • Any demolition, removal,transfer or disposal. • Concrete work of any type. • Installation and final termination of all wires or cables shall be by Sanders Company. • Communication cable/telephone line coordination or connection. • Jobsite progress or preconstruction meeting attendance shall be by Sanders Company. Proposed Delivery Schedule: USFilter Control Systems'commitment to deliver in accordance within the contract schedules is contingent upon a prompt receipt of order and prompt submittal review/approval process. Delivery and Storage: Freight allowed to job site, net f.o.b. Shipping Point. Off-loading and storage at site is the responsibility of others. Terms: Quotation is valid for 90 days. Based on USFilter Control Systems General Terms and Conditions of sale, copy attached. An invoice for the total purchase price will be issued upon shipment. Invoice payment terms net 30 days (based upon credit approval). Thank you for this opportunity to be of service to you. If you have any questions, please don't hesitate to call. Sincerely, Rick Lehto Applications Engineer C:\WINDOWS\Temporary Internet Files\OLKC033\Ocoee Scope_CO2_Ocoee final.doc 4/6/2005 7:59 AM " CONTROL SYSTEMS NW -- - ,I~m~ 1239 WILLOW LAKE BLVD ��— VADNAIS HEIGHTS,MN 55110 •••1111M.1~ Quotation Phone: 651.766.2700 Fax 651.766.2701 A Siemens Business Page 5of5 USFILTER CONTROL SYSTEMS INC. GENERAL TERMS AND CONDITIONS 1. Applicable Terms. These terms govern the purchase and sale of the equipment and related services,if any(collectively,"Equipment), referred to in Seller's purchase order,quotation,proposal or acknowledgment,as the case may be("Seller's Documentation"). Whether these terms are included in an offer or an acceptance by Seller,such offer or acceptance is conditioned on Buyer's assent to these terms. Seller rejects all additional or different terms in any of Buyer's forms or documents. 2. Payment. Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation provides otherwise,freight,storage,insurance and all taxes,duties or other governmental charges relating to the Equipment shall be paid by Buyer. If Seller is required to pay any such charges,Buyer shall immediately reimburse Seller. All payments are due within 30 days after receipt of invoice. Buyer shall be charged the lower of 1 interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller's reasonable costs(Including attorneys'fees)of collecting amounts due but unpaid. All orders are subject to credit approval. 3. Delivery. Delivery of the Equipment shall be in material compliance with the schedule in Seller's Documentation. Unless Seller's Documentation provides otherwise,Delivery terms are F.O.B.Seller's facility. 4. Ownership of Materials. All devices,designs(including drawings,plans and specifications),estimates,prices,notes,electronic data and other documents or information prepared or disclosed by Seller,and all related intellectual property rights,shall remain Seller's property. Seller grants Buyer a non-exclusive,non-transferable license to use any such material solely for Buyer's use of the Equipment Buyer shall not disclose any such material to third parties without Seller's prior written consent. 5. Chances. Seller shall not implement any changes in the scope of work described in Seller's Documentation unless Buyer and Seller agree in writing to the details of the change and any resulting price,schedule or other contractual modifications. This includes any changes necessitated by a change in applicable law occurring after the effective date of any contract including these terms. 6. Warranty. Subject to the following sentence,Seller warrants to Buyer that the Equipment shall materially conform to the description in Seller's Documentation and shall be free from defects in material and workmanship. The foregoing warranty shall not apply to any Equipment that is specified or otherwise demanded by Buyer and is not manufactured or selected by Seller,as to which(i)Seller hereby assigns to Buyer,to the extent assignable,any warranties made to Seller and(ii)Seller shall have no other liability to Buyer under warranty,tort or any other legal theory. If Buyer gives Seller prompt written notice of breach of this warranty within 18 months from delivery or 1 year from acceptance,whichever occurs first(the"Warranty Period"),Seller shall,at its sole option and as Buyer's sole remedy,repair or replace the subject parts or refund the purchase price therefore. If Seller determines that any claimed breach is not,in fact,covered by this warranty,Buyer shall pay Seller its then customary charges for any repair or replacement made by Seller. Seller's warranty is conditioned on Buyer's(a)operating and maintaining the Equipment in accordance with Seller's instructions,(b)not making any unauthorized repairs or alterations,and(c)not being in default of any payment obligation to Seller. Seller's warranty does not cover damage caused by chemical action or abrasive material,misuse or improper installation(unless installed by Seller). THE WARRANTIES SET FORTH IN THIS SECTION ARE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO SECTION 10 BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION,ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. 7. Indemnity. Seller shall indemnify,defend and hold Buyer harmless from any claim,cause of action or liability incurred by Buyer as a result of third party claims for personal injury,death or damage to tangible property,to the extent caused by Seller's negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim. Seller's indemnification is conditioned on Buyer(a)promptly,within the Warranty Period,notifying Seller of any claim,and(b)providing reasonable cooperation in the defense of any claim. 8. Force Maieure. Neither Seller nor Buyer shall have any liability for any breach(except for breach of payment obligations)caused by extreme weather or other act of God,strike or other labor shortage or disturbance,fire,accident,war or civil disturbance,delay of carriers,failure of normal sources of supply,act of government or any other cause beyond such party's reasonable control. 9. Cancellation. If Buyer cancels or suspends its order for any reason other than Seller's breach,Buyer shall promptly pay Seller for work performed prior to cancellation or suspension and any other direct costs incurred by Seller as a result of such cancellation or suspension. 10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY,SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL INCIDENTAL,SPECIAL PUNITIVE OR OTHER INDIRECT DAMAGES,AND SELLER'S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT,TORT,STRICT LIABILITY OR ANY OTHER THEORY. 11. Miscellaneous. If these terms are issued in connection with a government contract,they shall be deemed to include those federal acquisition regulations that are required by law to be included. These terms,together with any quotation,purchase order or acknowledgement issued or signed by the Seller,comprise the complete and exclusive statement of the agreement between the parties(the"Agreement")and supersede any terms contained in Buyer's documents,unless separately signed by Seller. No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. No course of dealing or performance,usage of trade or failure to enforce any term shall be used to modify the Agreement. If any of these terms is unenforceable,such term shall be limited only to the extent necessary to make it enforceable,and all other terms shall remain in full force and effect. Buyer may not assign or permit any other transfer of the Agreement without Seller's prior written consent. The Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. PEC/ LETTER OF PROFESSIONAL ENGINEERING CONSULTANTS, INC. TRANSMITTAL Suite 1560, Eola Park Centre 200 East Robinson Street DATE: May 31, 2005 JOB NO. OE-387-3.0/6.0 Orlando, Florida 32801 (407)422-8062 (407)849-9402(ENV FAX) ENV@PECONLINE.COM ATTN: Mr. David Wheeler SUBJECT: City of Ocoee TO: City of Ocoee Reclaimed Water Booster Pumping Facility 150 N. Lakeshore Drive Ocoee, FL 34761 RE: Change Order GENTLEMEN: We are sending to you the following: • Attached 0 Under Separate Cover • Hand Delivered 0 FedX -Overnight ❑ FedX-Standard ❑ Prints 0 Shop Drawings 0 Specifications 0 Plans 0 Permits ❑ Copy of Letter 0 Change Order 0 Reports 0 CD 0 Manual No. No. Copies Sets Description 4 Change Order No. 004 THESE ARE TRANSMITTED as checked below: • For approval 0 As requested 0 Approved as noted 0 For your information ❑ For your use 0 For review 0 Returned for corrections 0 ❑ For distribution 0 Approved as submitted 0 For your signature 0 REMARKS: Please process for signature. Return one original to PEC. COPY TO: 0E387-3.0/6.0 SIGNED: IUlLi •%�!,'LCC7� Mary Green mgreen@peconline.com K:\...\078MLOT If enclosures are not as noted,please advise.