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HomeMy WebLinkAboutVI (D) Discussion/ Action re: Reimbursement Agreement with Ocoee Land Development, Ltd. for Construction of Turn Lanes on Clarke Road to serve Reflections and the Reserve Agenda 9-2-97 o Item VI D c ��y f*or coon`��`s� JAMES W. SHIRA,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 PHONE(407)656-2322 EXT.142•FAX(407)656-7835 MEMORANDUM DATE: August 29, 1997 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E. // City Engineer/Utiliti d irector SUBJECT: Clarke Road Turn Lanes To provide safer access to Reflections Subdivision and to the subdivision currently under construction on the east side of Clarke Road, northbound and southbound turn lanes were needed at both subdivision entrances on Clarke Road. The City and the developer of the new subdivision, Ocoee Land Development, Ltd., agreed to share in the cost of the design and construction of these turn lanes. The design has been reviewed and approved by City staff. The City Attorney has prepared the attached"Agreement Regarding Reimbursement for the Construction of Certain Turn Lanes on Clarke Road". If this Agreement is acceptable to the City Commission, it will be forwarded to the developer for execution and will then be signed by the Mayor and City Clerk. Upon execution of the Agreement by both parties,the developer will instruct his contractor to begin construction of all four of the required turn lanes. The City's share of the total cost is not to exceed $39,587.85 without prior authorization from the City. Funds for this projects will come from the Road Impact Fund. I recommend that the City Commission authorize the Mayor and City Clerk to execute this Agreement. Attachment OL THE PRIDE OF WEST ORANGE ed "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR• COMMISSIONER ecoee S. SCOTT VANDERGRIFT . • 0'4% COMMISSIONERS � a CITY OF OCOEE CORUSTYANDERON SCOTT ANDERSON 150 N. LAKESHORE DRIVE SCOTT A.GLASS :I` CI) OCOEE,FLORIDA 34761-2258 JIM GLEASON �V AN (407)656-2322 CITY MANAGER f,P N` Op G001D ELLISSHAPIRO August 29 , 1997 Ocoee Land Development, Ltd. 860 State Road 434 North Suite 7 Altamonte Springs, FL 32714 Re: Agreement Regarding Reimbursement for the Construction of Certain Turn Lanes on Clarke Road Gentlemen: We are in receipt of the proposed Agreement between Ocoee Land Development, Ltd. , as Owner, and Blue Ox Land Services, Inc. , as Contractor (the "Contract" ) for the construction of certain turn lanes on Clarke Road in accordance with plans prepared by Hollis Engineering, Inc. dated June, 1997 and consisting of 8 sheets under Account Number 341001 (the "Work" ) . The Work relates to turn lanes into the Reflections Subdivision and Spring Lake II and IV. It is in the best interest of the City for the Contractor to construct the turn lanes into the Reflections Subdivision, which benefit the City, and the turn lanes into Spring Lake II and IV, which benefit the Owner, as a single construction project. The Contractor has proposed to undertake the Work for a contract sum of $79 , 175 . 70 (the "Contract Sum" ) . The cost of the Work under the Contract is equally divided between improvements benefiting the City and those benefiting the Owner. Accordingly, this letter is to confirm that the City will reimburse the Owner for 1/2 of the costs incurred under the Contract for construction of the Work, subject to the following: (1) The total amount paid by the City will be $39, 587 . 85 . Any change orders increasing the Contract Sum are subject to the prior approval of the City; provided however that the Owner may make change orders which do not increase the portion of the Contract Sum to be paid by the City. (2) The Owner will present to the City a copy of each Application for Payment by the Contractor along with satisfactory documentation showing payment thereof by the Owner. The City will reimburse the Owner for 1/2 of such amount within 15 days of receipt of the foregoing. (3) In connection with each Application for Payment, the City will not be required to reimburse the Owner for the retainage portion until it is paid to the Contractor. (4) In the event any savings are realized in the construction of the Work under the Contract, the City and the Owner will equally share in any such savings . (5) Final payment by the City will be subject to City inspection of the Work, acceptance of the Work by the City, delivery to the City of the maintenance bond in accordance with the requirements of the Land Development Code, and receipt of appropriate lien waivers from the Contractor indicating full payment for the Work. The City is agreeing to the foregoing reimbursements based on the agreement of the Owner to enter into the Contract and to perform the obligations of the Owner under the Contract . Please indicate your concurrence to proceed as set forth in this letter by signing below and returning to the City a signed copy of this letter. Sincerely, Attest : City of Ocoee By: Jean Grafton, City Clerk S . Scott Vandergriff, Mayor AGREED AND ACCEPTED: OCOEE LAND DEVELOPMENT, LTD. , a Florida limited partnership OCOEE LAND DEVELOPMENT, INC. , a By: Florida corporation, general partner By: Jerome D. Feinstein, Vice President Dated: C:\WP5I\DOCSWTRS\TURNLANE.SSV 18/29/97 I ORLRE I PER FOR MAYOR:1=12 ma OCOEE LAND DEVELOPMENT,LTD. 860 State Road 434 North, Suite 7 Altamonte Springs, FL 32714 Phone: (407) 788-6555 FAX: (407) 682-6194 r © NoWEill A 25 "997 August 25, 1997 Mr. Jim Shira City of Ocoee 150 Lakeshore Drive Ocoee, FL 34761 RE: THE RESERVE (SPRING LAKE) Dear Jim: Per our telephone conversation, enclosed herewith you will find a copy of the contract with Blue Ox. I will execute the contract upon approval by the City Commission. Very truly yours, J2..v.t.3►Aev t NA) J.D. Feinstein JDF:jh enclosure • III''5 M1 I .►iaaTl;' • • AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS .ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of.1.4 Document.4201. General Conditions of the Contract for Construction. is adopted in this document cc,' reference. Do not use :ri:h o:her general conditions unless this document is rrcddied. This document '^s been proved :.nd endorsed by The Associ:ted Gen Cor,tr:ctors of._.._na. AGREEMENT made as of,the day of August in the year of Nineteen Hundred and NLSETY-S •i BE T WEEN the Owner: bCCEE LAND -DEVELOPMENT, LTD. (.Vann•and address) 860 STATE ROAD 434 NORTH, 7 ALT12iONTE SPRINGS, FL 32714 and the Contractor: SLUE OX LAND SERVICES , INC (Name and address) 706 Turnbull Ave . , Suite 303 Altamonte Springs , FL 32701 The Project is: Clarke Road Improvements for the (.yams and lucatiun) City of Ocoee • aGI2rr ER • . • The xitom is: Phil:Hollis Engineering, Inc . (Name and address) 605 E. Robinson St. Suite 450 • Orlando, FL. 32801 The Omer and Contractor agree as set forth below. • Copyright 1915. 1918. 1925. 1937. 1951. 1958. 1961. 1963. 1967. 1974. 1977. .ci l987 by The Arncric:n Institute of Archi• tees. 1735 New York Avenue.N.r.. N":shin;..on. D.C. 20006. Reproduction of the tcri:l herein or subst:ntrl cuo:::ion of its provisions without written permission of the AlA violacs the copyright l:A•s of the United States:nd will be!ubicct to 1e2.2.1 prosecution. .II M#•t•tt ..n. ,c:rry tST . —.-r, rnr,P... . .i.C • tr. OA7 • ARTICLE 1 • THE CONTRACT DOCUMENTS Thc Contract Documents consist of this Agreement. Conditions of the Contract (General.Supplementary and other Conditions). Drawings. Specifications, Addenda issued prior to execution Of this Agreement. other documents listed in this Agreement and Modifications issued after execution of this Agreement:these form the Contract,and are as fully a part of the Contract ac if attat:hcd to this Agreement or repeated herein.The Contract represents the cntirc and integrated agreement between the panics hereto and supersedes prior negotiations,representations or agreements,either written or oral. An enumeration of the Contract Documents. other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT Thc Contractor shall execute the entire Work described in :Ix-Contract Documents, cxccpt to the extent specifically indicated in the Contract Documents to he the responsibility of o:hers, or as follows: All labor, equipment, and material necessary to complete the project in accordance with those plans and specifications prepared by the above named Engineer dated June 1997 consisting of 8 sheets for account #341001 . Upon completion, contractor shall provide maintenance bond as required by the City of Ocoee. • ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of t-otnmeneement is the tL•tte from which the(:ontrtct Time of Paragraph 3.2 is measured.and shall he the date of this Agreement.as first written above.unless a different date is stated hell nv ur provision is made for the date to be fixed in a notice to proceed issued by the Owner. i/sj ,l fhe flair of,mm11tr•nrernrnl. ,f rl Jiffs, Joan IlY dale of tint AKrryrrr.•at air, ,f.lrl.l,.alrle. .till.'llaa tlr•,lnlr null he fern/in a moor to 1,rr4rest J WORK TO START WITHIN TEN CALENDAR DAYS FROM RECEIPT OF FORMAL WRITTEN NOTICE TO PROCEED l'nless the date of commencement is estahlishetl by a notice to proceed issued by the Owner. the Contractor shall notify the Owner in %%riling not less th:zn five days before commencing the Work to permit the timely filing of mortgages.mechanic's liens and other security interests. 3.2 The Contractor shall achieve Suhstantial Completion of the entire WI rk run later than 60 DAYS TaREAFTER. /lrnr•rt the•nlenda►flairr.rrnrmlr•rof,,/rrul,rplot•%aflr•r fir*ding-,./r nrm nu•nrenmva Al,.,i,r.ert any rr.lurrermentl f,.r ell rher‘uhr la Mini f:nmpletlnn of crr. tarn/.•rrt ima1../the lrr,rL•• if ran/toted rl.rtrlyrr nr t/r 111.r uuaon(/ . suhjce1 to adjustments of this Contract Time as provided in the Contract Documents. /liner!prrn•r., . if any. 1ir/uid.,tra/darn, ,., re/,,lurj;in bull'''.In,nnrldelr,.a rime/ NO LIQUIDATED DAMAGES • ALA DOCJAtfNT 4101 • me t•rR Cns:rti t:TlIR At.itrft•Irs7 • TQ'I7.1711 EIIITtt IN • kIA' • /i,t•U47 T1tF.A\IF.RIC.AN t\.TITi•Tr I IF A111'1 WIT(TC •.a.. .....� • • ARTICLE 4 • CONTRACT SUM 4.1 The Owner shall play the Contractor in current funds fur the Contractor's performance of the Contract the Contract Sr n of SEVENTY—NINE-THOUSAND ONE HUNDRED SEVENTY—FIVE and -707/100---—DOLLARS" (S 79., 175,70 suhjcti IC) aelclitiom and deductions :tc provided in the Con- • Inct Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and :Ire hcrehy accepted by the Owner. ISlaic the numhrrs or other identifsra:inn of accepted ally if d.t/Sinus nn oihr?alternate%are la Ire nuale hr the I lu,,rr q/hcprlur+u hr the rxr rulian of that Agreement. attach a(cheelule•f such whet alternate%tlr.u•nn;the rrnruunt f rr catch I the dale unlit which that amnia!is euhrl.I 4.3 I;nit prit c,. if:iny. :ire:i... ft ill111c�: N/A AIA DOCUMENT A101 • t 1\1\I M(.r)N-HAIL tilt Al.RI 1_:I\1 • 1w1:1.11 II 1.1111.111N • MA. • ^ I•rM_ 1.1 • ,..,,,,•„ .,r .Y. 111 Aln1_10A7 ' ARTICLE 5 • PROGRESS PAYMENTS 5.1 Based itp rt Applications fur Payment submitted to the Architect by the Contrretor and(:cniftcatcs for Payment issued by the Architect, the ()tuner shall make pr 'grexc payments to account of the Contract Stun to the C.c)iltru-tt)r as provided below and elsewhere in the (atntrtt•t Documents. 5.2 the period covered by each Application for Payment shall he one calendar month ending on the last clay of the month,or ac follows: NOTE: IN ALL INSTANCES THE WORD "ARCHITECT" SHALL MEAN "ENGINEER" 5.3 Provided an Application for Payment is received by the Architect nut later than the TWENTY—FIFTH 25TH clay ofa month.the shall make payment to the Contra-HI run later than the TENTH (1OTH) day of the FOLLOWING month. If an Application for P:n•ntcnt is received by the Architect after the application date fixed ahtwe.payment shall he made Icy the t)wner not later than TEN (10) days after the Architect receives the Application li)r Payment. 5.4 Each Application for Payment stall he haled upon the Schedule of values submitted by the Cuntracuit in accordance with the Contract Documents. The Schedule of valuer shall allocate the entire CIintract Sint among the various portions of the Work and he prepared in such form and supported by such data to snhs:anti:ue its acctu•acv as the Architect may flap lire.MIS Schedule. unless uhlceted Iu by the Architect. shall he used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applic'aliuns for Payment shall indicate the percentage of completion of each portion of the Work as oC the end ol'the pert' tl covered by the Application for Payment. 5.6 Subject to the provisions of the Contract I).met intents• the amount of each progress payment shall he computed as fttilows: 5.6.1 Take that portion of the Cuntr.tet Stint properly allocable Its Completed \C'urk:ts t let ermine• I by ntultiplyint the percentage completion,of each portion of the Work by the share of the total Contract Sum allocated to that Itttrtion of the Work in the Schedule of \'glut's, less re'taitta a of TEN ( percent10 . ::.). fending final determination tit-cost to the Ownrr of.ch:utgi-%in the\C'ork,:um tutus not in dispute may he included as provided in Suhpartgrtph 7.3.7ofthe (:corral(:ondi:iortst•Vell Ih.High the(:tintraet Suitt has not vet hem atljttsted lit• Change Order: stir ti)r subsequent ineorpnruiu,t in the e•u,npleteil construction(ur i(app,ot eel ill;It y:nu soled off the site at a location agreed upon in writing;),less retai:�1, • !" �, tfE L .r .... I :mon. 8.6.3 Subtract the aggregate of prt-'ions payments lathe by the 1)a•ner. and 5.6.4 Subtract am,nuns, if any, for which the Architect has withheld or nullit t'tl a Centric-Ate (or Payment as provided in Para- graph 7.5 of the I;cncr.)l Conditions. 5.7 The progress payment amount determined in accordance with I'ar.,l:r.tph S.(1 shall lie further mollified under the following circumstances: 5.7.1 Add, upon Sultstantial Cnntltletitrt of the Work. a mini sufficient to increase the total payments to NINETY percent( 9 0% ;.•)u(the C:ontract Sum, less such amounts ac the Architect shall determine for incomplete \York and unsettled claims; and 5.7.2 Add. if fatal completion of the \\'ork is thereafter materially delayed through no fault of the Contractor. any additional amounts pat•ahk in accordance with Subparagraph '),Itl.i of the Cene•ral Conditions. 5.8 Reduction ur titttitatinn of retain:tg;e•, if any, shall be as foils (If II J, inh•n.lr.l /rri..a'In %Jabs! I r /,J.•!, l the rruirr n car!•. /n rr•.hnr•nr bun!Ile•I•• •r•ra•.ullane r.nu!h .l'r•ur.h, S A / J S h,ulw.rr. nu./this i� an! ..l r /,.•,'.r realeri.n r oil gm'.l In 1nh/.n rr,• t•.t]•1 •r!rlsa•u•Ir+r in)/p•Co.an nJ.!l,•+u.urnls. •r! Irrr/sun Isar ills per.Jn h rrJJa,n•..a.•r hrurJrah.u,/ MA DOCUMENT AI Ot • uAt'NER cos rum:7I)u Acton)sn:NT • T\rct.n.t t I 1)11 Ir)] • ,etc• • r.,tv,c- 'nil.Asti:n:1_1N1Ns1111'l1.t11'AMtjt1T1e:Ts. 17eSNCw1'OMAAyt:Nt'►i,Nu.'..In!st.41 IN.Itt; _'seer, • .1f11.1OA7 A • ARTICLE 6 • FINAL PAYMENT Final payment.constituting the entire unpaid balance of the(:ontnc1 Sum.shall he made by the Owner to the Contmoor when(1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to c'urrec't nonconforming \C'ork as provided in Subparagraph 12.2.2 of the C•cncrtl Conditions antl to satisfy other requirements. if any.which necessarily survive final payment:and(_)a final C enifiente for Payment has been issued by the Architect:such final payment shill he made by the Owner not more than iq days after the issuance of the Architect's final Cenircnc for Payment. or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is male in this Agreement to a provision of the General Conditions or another Contr.te't Doc-omcnt.the ref- erence refers:to that provision :Li amended or sttp p icrlcnted 1w other provisions of the Contract Documents. 7.2 Payments tine and unpaid under the Cimino shall hear interest front the slate payment is Clue at the rate stated ht:inty.or in the absence thereof. at the legal r.ne prevailing from time to time at the plate where the Project is located. //inert •nr uwrm. if wit'I (t**um WW1 /rr1/rn r.-rucuf}is railer tlw•I r,1.i•ul 7'r11lh m I.11.1nt•1.I .Innl.Ir.bdr•.ul.!l...d.,•...uruerl redll hits,mr.!,.11w•r r,•L uhnr..n.,!!thy.lu•ru•►'.'and (nrrlh4•l.lr•/.rrn,I/w1!Moo es of 1111•rnlhn•IIw'I.r.11J.n,••J IIY/•.,q,+1.II/r/,'I.,•,,I4•re•rust.0//.1 I/he l'.1/Id111.•,/I/,r•/rr'nr'I y,.l1 a.h'l.l••I.,lll.l 1N ..1r1 •d Will,rf1/wt 11..d,•ll•I,..nc.Ir n,.nll/l,Wimps. l al..t r,,.,sr,l,,,l r,•.intrl•rrlr'rlls .II.I.is' l.'I•rllr'11 di,.I 1's r,l 11'.1111H1 I 7.3 Other provisions: N/A ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may by terminated by the Owner or the Contractor as priwitled in Article I'i of the Cener.tl Conditions. 8.2 The \C-ork may he suspended by the Otener as provided in Article 1•i of the Gcncrol Conditions. AIA DOCUMENT A101 • 1 tti'\'1:x1 t)1 T RAt Tox moult sat N7 • 1`xla.fl11 I-t tl tl rc • nu' • '. Iv1' • ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS • 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed titantL•Irtl Ftlmi of Agreement Between Owner and Contractor.AlA Document A101, 19)4 Edition. 9.1.2 The General Conditions are thc General Carndititms of thc contrlct for Construction.AlA Document A201. 19R7 Edition. 9.1.3 The Supplementary and other Conditions of thc Contract arc those contained in the Project Manual elated , and arc at follows: Document Title Pages NONE 9.1.4 The SPceificationc arc those contained in the Project M;zntl:tl dated as in tiuhparit;rtph 9.1.3. antl :tre:Ls follows: (Ytllw.,lio ll.r s)wrlJit'ulunn/a rrirr to ran rrlvh,!attn.Iwr/to!hi•ACrtrtarn!) Section Title Pages NONE other than those listed in the named plans AM DOCUMENT Al01 • t)u•S1'R(( TRAt1()R ACRCI:M11_VT • 1`a'tI.rT11 riwncr • AIA' • 4•1')a' TtiFA\:1'R1t'A\1\CTITt"rv,11'tvt'n1!r,T. .-,cv...•.•...... ........... • - 9.1.5. The Drawini.ls are at follows, and arc dated unless a different date Ls shown belay: (fithrr list the I)raninRs here or styes to an rxhihit allay hed in this Agreement) Number Title Date SHEETS 1 THROUGH 8 CLARKE ROAD..SMPROVEMENTS June 1997 City of Ocoee, Florida Final Engineering • • 9.1.6 The Atiticntla, if:my. are as fullo++•.: tiumhcr Date Pages NOT APPLICABLE Portions of Athlentla relating to hitltling recluinrlents are nt)1 hart of the c:tintmet I) ctit cr is unless the bidding requirements are also cnumenttetl in this Ankle '). AIA DOCUMEM Al01 • t,+iNI:Rd:r)NTAAt:7t)14 At.RI.I kt1'.t • 1'w l:u-nc 11)11 It IN • AU' • ^. I'Pe? ;11F♦+trn,f'.v,�al'IT',•Tf'r,[♦v,'t 1111Y•T'a t�,a.•r., ...... ..,.. . ..... .. .. .. ,., A4 4 4M07 7 • 9.1.7 Other documents. if any, forming part of thc Contract Documents arc as follows: (LW herr am addilirut,l Jrevmmnx which are Mansard In form part ref the rnnt►n,7/arraments. 717r General ral tirulilinns pr•w•ide that M'ddiuR Tv(uirrmrntt sir?, at adrrrt,rt•mMU nr inr•itauno In Aid hutruthrun ttt'hatters .sample farm,and the riu,trrr,7n►'c hid art•not part Cin,tract',trummits unie$enumerated in this ARrrrrr,rnt. 7Trrr./meld he lined here nnlr if,n:mu/rd In he purl of the Cantrat7 l),Klanrnts.) • NONE • • This Agreement is entered into.s of;he day and vc:r first written above and is executed in at lcst three original copies of which nne is to he delivered to the t:untrtclor•one to the Architect for use in the administration ofthe Contract,and thc rcm:indcr to the Owner. OCOEE LAND DEVELOPMENT, -LTD . , BLUE OX LAND SERVICES , INC . a Florida limited par.tnershia. bv : 4COEE LAND DEVELOPMENT; INC. , artner orida corpora ion, • BV F y _ • BY: • • Jerome D . Feinstein, Vice President 1 7 (l'ri»ir,!tt,ru,c•(Ilia tub) (/'ri,llr,/,bane /l,lli) MA DOCJwENT A101 • c)WKI:A-CONTRACTOR AGA1:r.tr:..7 • Tu•f,1.tTII EDITION • MA • r'1')x7 THE AMF.RICANINSTITIITEOFAROuTFCTs. I73s NEW tnexA\•T_NIa:.S's•.WA.II1N('TON.I)c: :,rrw A101-1987 8