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HomeMy WebLinkAboutV(C) Approval and Authorization for Mayor and City Clerk to Execute Change Order No. 8 with Ryan, Inc., Eastern for Maguire Road Improvements – Segments 1 and 2 Agenda 0 1 /06/2004 Item V C City Manager Jim Gleason Commissioners Danny Howell, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 Mavor S. Scott Vandergrift ST AFF REPORT TO: The Honorable Mayor and Board of City Commissioners FROM: David A. Wheeler, P.E., Director ofPublic Works ~O pi DATE: December 30,2003 SUBJECT: Maguire Road Improvements - Segment 1 and 2 Chan2e Order No.8 with Ryan, Inc., Eastern ISSUE Should the Mayor and City Commissioners approve Change Order no. 8 with Ryan Inc., Eastern on the Maguire Road Improvements Segment 1 and 2 Project. The change order covers additional work required by the City to complete the project and adjusts the final contract quantities to final out the project. This is the final change order on this project pending litigation between the City and Ryan, Inc., Eastern. BACKGROUNDIDISCUSSION On pages two through ten of the change order, the seventeen changes to the contract are itemized, detailed, and priced. The last item listed under the "Required Changes" as items 18 through 63 are the quantity adjustments to finalize the contract. The seventeen changes to the contract were for: additional piping for two force main extensions, new cover and extension for a buried manhole, additionallandscaping, miscellaneous concrete, additional water main, additional manhole, deletion of a drainage structure, deletion of a concrete culvert, additional surveying, additional stormwater drainage pipes for pond overflows, additional sanitary sewer connection, additional sewer connections to two force mains, connection of existing fire hydrant to new water main, additional curb inlet, and to reimburse the City for failed geotechnical testing and geotechnical consultant overtime. Each of these items is discussed in detail in the change order. These seventeen items resulted in an amounted due Ryan of$37,975.19. In all unit price construction projects, a change order is required to adjust quantities from the estimated contract amount to the actual installed amount and adjust the associated costs to perform that work, to make them equal so that the contract is 100% complete and does not appear as if there is still work to be performed. This change order is also performing that task of adjusting quantities and final the contract between the City and Ryan, Inc., Eastern. CITY OF OCOEE Engineering/Utilities 150 North Lakeshore Drive Ocoee, Florida 34761-2258 CHANGE ORDER NO. ~ CITY OF OCOEE PROJECT NO.: OE-353-3.0 DA TE: Julv 14.2003 CONTRACTOR: RYAN. INC. EASTERN AGREEMENT DATE: June 6. 2000 The following changes are hereby made to the CONTRACT DOCUMENTS. Original CONTRACT PRICE $9.628.208.66 Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDER $9.966.066.86 Net IncreaselDecrease Resulting from this CHANGE ORDER $ (96.519.45) The current CONTRACT PRICE including this CHANGE ORDER $9.869.547.41 ORIGINAL CONTRACT TIME: 730 Consecutive Calendar Days from Notice to Proceed Date: August 7. 2002 Current CONTRACT TIME adjusted by previous CHANGE ORDERS Date: August 23. 2002 Net Increase Resulting from this CHANGE ORDER Days: 28 Current CONTRACT TIME Including this CHANGE ORDER Date: September 20. 2002 k: \const\oe\oe-3 53 \co\#008CO-z. wpd 1 Page 1 of II 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 I, Oefmitions, of the GENERAL CONDITIONS apply to and govern all work under this change order. n. REQUIRED CHANGES 8-1 U.81 8-2 U.82 8-3 U.83 8-4 400-1-15C . 8-5 U.08A 8-6 425-2-410 - 8-7 425-IIA 8-8 430-11-225A- 8-9 U.84 8-10 U.85 8-11 U.86 ~-12 U.87 8-13 U.88 8-14 U.89 8-15 U.13B k:\const\oe\oe-353\co\#008CO-z.wpd2 Reference RFP #42. Extend 12" FM from Station 509+75:f: to Station 510+94:f:. Connect 12" FM into existing sanitary sewer manhole. Reference RFP #43. Furnish and install new concrete cap, ring and cover for gravity sanitary manhole located at Station 509+ I 0, right. Cost for Contractor's exploration to fmd manhole included. Provide Owner requested additional landscaping at Key Isle Apartments and at Windermere Groves. Class I Concrete (Miscellaneous) + 4 CY at Unit Price of $450.00 = $1,800.00. Furnish and install 6" WM, OJ. + 40 LF at Unit Price of $29.00 = $1,160.00. Reference RFP #44. Furnish and install manhole Type P-7 (+1 at $1,090.00). Reference RFP #44. Modify existing drainage structures (-I at ($1,585.00). Reference RFP #44. Concrete pipe culvert (18"), -14 LF at $26.00/LF = ($364.00). Reference RFP #44. Additional survey required for structure S-305A. .' , Reference RFP #40. Provide 6" PVC drainage pipes (2) at Station 500+20, left to connect existing storm water drainage retention ponds into overall storm water collection system. Reference RFP #41. Furnish and Install 8" Sanitary Sewer Service to property located at the northeast comer of the Maguire Road/Professional Parkway Intersection. Reference RFP #45. Furnish and Install (F&I) one (I) 4" Plug Valve. Furnish and Install (F&I) connection of 4" FM to existing 12" FM. Connection by Wet-tap at approximate Station 495+00:1:, right. Reference RFP #46. Furnish and Install (F&l) 4" FM Wet Tap to existing 12" PVC FM. Removal of piping retired shall be included in the pricing of work performed. Connection by Wet-tap at approximate Station 497+40:1:, right. Reference CPC #06. Connect existing fire hydrant to new watermain at Station 505+75:f:,right. Reference RFP #45. Furnish and Install 4" ORl4 PVC or Class 350 DI Force Main (+235 LF). Page 2 of 11 8-16 8-17 U.90 U.91 8-18 thru 8-63 8-1 HI. JUSTIFICATION 8-2 8-3 8-4/5 8-6/9 8-10 8-11 8-12 8-13 8-14 k:\const\oe\oe-353\co\#008CO-z.wpd3 Reference RFP #14. Modify S-55, Furnish and Install Type 9 curb inlet top. Owner reimbursement for failed tests performed and geotechnical consultant overtime costs. Final measured quantity adjustments. Reference RFP #42. Original Contract Plans called for 12" FM to be connected into an existing 8" gravity sanitary sewer 200' :1:, south of new proposed SR 50 connection point. At SR 50 connection will be to a 12" gravity sanitary sewer which will provide for additional flows and it will reduce surcharging of gravity system. Reference RFP #43. New cap on manhole required so that same can be adjusted to required road grade. Time and equipment costs for expiration to fmd manhole. Owner requested additional landscaping to replace landscaping damaged within the temporary construction easements. Replacing landscaping with same as previously planted. Additional 6" ductile iron and miscellaneous concrete required to correct conflict with storm sewer at Northeast Comer of Intersection between Maguire Road and SRSO. Quantities represent those measured in the field. Reference RFP #44. Avoid conflict with new light system pole. Additional manhole required. Reference RFP #40. Connection of existing storm water drainage system to _ Maguire Road storm water system pursuant to Owner's request. / Reference RFP #41. 8" Sanitary Sewer to be provided at the referenced property pursuant to Owner's request. Reference RFP #45. Referenced connection was shown to be made under future Professional Parkway Improvements Project. Rather than leave existing system in place to be removed as part of the Professional Parkway Contract pursuant to Owner's request same will be removed under the Maguire Road Improvements Project. Reference RFP #46. Pursuant to the original Contract Documents referenced 4" connection had been made into existing 12" force main scheduled to remain in service. Subject force main was found to be connected to 6" force main scheduled for removal. Reference CPC #06. The referenced fire hydrant was shown to be at or beyond Right-of-Way. The watermain providing the fITe hydrant was shown to be on private property. However, during the course of construction, the referenced supply watermain was found to be within the Right-of-Way limits and in conflict with the proposed storm water system piping. The fITe hydrant was re-piped to connect to the newly installed potable water system. Page 3 of II 8-15 Reference RFP #45. Referenced connection was shown to be made under future Professional Parkway Improvements Project. Rather than leave existing system in place to be removed as part of the Professional Parkway Contract pursuant to Owner's request same to be removed under the Maguire Road Improvements Project. 8-16 gate Reference RFP #14. Raise inlet top to avoid conflict with stonn control system flap located in structure S-55. 8-17 Pursuant to the Contract Documents the Contractor shall reimburse Owner for cost of failed material tests and geotechnical subconsultant overtime charges. 8-18 thru 8-63 Final measured quantity adjustment. IV. NARRATIVE OF NEGOTIATIONS - CHANGE ORDER #8 8-1 In early March 2002 the Contractor's Underground Piping Division Manager made verbal request to be allowed to delete the proposed doghouse manhole at Station 509+75, 24' right and extend proposed 12" FM to the existing manhole in the S.R. 50 right-to-way. PEC infonned that proposal would reviewed and a RFP would be issued detailing any requirements if Contractor's verbal proposal would be considered. On March 19,2002, RFP #42 was issued to Contractor. On March 25, 2002, the Contractor detailed cost proposal to delete sanitary sewer doghouse Manhole at Station 509+75, 24', right and extend FM from Station 509+75 to Station 510+95 and connect 12" FM into existing sanitary Manhole at a total value of $27,900.00. Cost Proposal returned to Contractor for revision. On April 15, 2002, Contractor submitted detailed revised cost proposal for the above work. The Contractor requested $20,184.00 and an additional four (4) work days extension in Contract Time (six (6) calendar days). On April 15, 2002, PEC made recommendation to the Owner's Engineering Staff at a total cost of $20,184.0.00. On April 16, 2002, the Owner's Engineering Staff accepted Contractor's proposal for recommendation to City Council. " / 8-2 On April 09, 2002, RFP #43 was issued to the Contractor. On April 15,2002, the Contractor detailed cost proposal to furnish and install new concrete cap, ring and cover for gravity sanitary sewer manhole located at Station 509+ I 0, right. The Contractor requested $2,603.76 and an additional one (1) day extension in Contract Time. On April 16, 2002, PEC made recommendation to the Owner Engineering Staff at a total cost of $4,007.52. On April 16, 2002, the Owner's Engineering Staff accepted Contractor's proposal for recommendation to City Council. Proposal revised to total cost of $2,603.76 by correction of math error found in PEC's CPS recommendation fonn on May 30, 2002. 8-3 Owner verbally requested RFP's. One for Windennere Groves and one for Key Isles Apartments. Windennere Groves portion of this item was received on 02/18/02 at a cost of $4,667.25 and at no request for additional Contract Time. Key Isle Apartments was received on 04/18/02 and at no request for additional Contract Time. Owner's on-site representative reviewed cost infonnation provided and found same to be acceptable for recommendation to the City Council. 8-4/5 Quantities as measured in the field and unit prices as established by original bid documents. k:\const\oe\oe-353\co\#008CO-z.wpd4 Page 4 of II 8-6/9 8-10 8-11 8-12 8-13 8-14 8-15 8-16 k:\const\oe\oe-353\co\#008CO-z. wpd5 Quantities as measured in the field and unit prices as established by original bid documents. One additional manhole required. (Reference RFP #44) On April 24, 2002, PEC made recommendation to the Owner Engineering Staff. Owner's Engineering Staff accepted Contractor's proposal for recommendation to City Council. Contractor requested ten (10) additional work days (14 additional calendar days) for the perfonnance of this required work. On January 02, 2002, RFP #40 was issued to the Contractor. On May 06, 2002, the Contractor submitted Lump Sum price of $4,500.00 for the perfonnance of the referenced work. During negotiations of May 06, 2002, cost was reduced to $2,750.00 and at no extension of Contract Time. On May 08, 2002, PEC recommended acceptance of revised Cost Proposal Summary. On June 05, 2002, the City's Engineering Staff accepted proposal for recommendation of approval to City Council. On January 04, 2002, RFP #41 was issued to the Contractor. On June 05, 2002, the Contractor submitted a price of $4,501.70 and at a one (I) day extension of Contract Time for the perfonnance of the referenced work. During negotiations of June 05, 2002, cost was reduced to $1,050.00 and one (I) day Extension of Contract Time. On June 05, 2002, PEC recommended acceptance of revised Cost Proposal Summary. On June 06, 2002, the City's Engineering Staff accepted proposal for recommendation of approval to City Council. On May 30, 2002, RFP #45 was issued to the Contractor. On June 05, 2002, the Contractor submitted a price of $5,644.93 and at a ten (10) day extension of Contract Time for the perfonnance of the referenced work. During negotiations of June 05, 2002, cost was reduced to $4,727.40 and two (2) days Extension of Contract Time. On June 05, 2002, PEC recommended acceptance of revised Cost Proposal Summary. On June 06, 2002, the City's Engineering Staff accepted proposal for recommendation of approval to City Council. On June 04, 2002, RFP #46 was issued to the Contractor. On June 05, 2002, the Contractor submitted a price of $4,455.82 and at a ten (10) day extensio~ 'of Contract Time for the perfonnance of the referenced work. During negotiations of June 05, 2002, cost was reduced to $3,293.44 and one (I) days Extension of Contract Time. On June 05, 2002, PEC recommended acceptance of revised Cost Proposal Summary. On June 06, 2002, the City's Engineering Staff accepted proposal for recommendation of approval to City Council. On June 05, 2002, Contractor Proposed Change #06 was submitted by the Contractor at a total cost of $1,400.00 and one (I) day extension in Contract Time. On June 05, 2002, PEC recommended acceptance of Contractor Proposed Change #06 as submitted. On June 06, 2002, the City's Engineering Staff accepted proposal for recommendation of approval to City Council. Quantity as measured in the field at Unit Price established by the" Original Contract Bid (+235 LF at $27.00/LF = $6,345.00). On June 13, 2001, RFP #14 was issued to the Contractor. On June 19,2001, Contractor's CPS for RFP #14 was submitted at $2,512.44 and no request for increase in Contract Time. PEC recommend acceptance to City on June 20, 2001 and again by telephone conversation on June 25, 2002. On June 25, 2002, the City's Engineering Staff accepted proposal for recommendation of approval to City Council. Page 5 of II 8-17 8-18 thru 8-63 k:\const\oe\oe-353\co\#008CO-z. wpd6 Pursuant to the Contract Documents, the Contractor shall reimburse the Owner for cost of failed tests and overtime charges. Attached PSI letter of December 12. 2002, details failed tests and overtime costs at $13,959.10. Final measured quantity adjustments. (Remainder of Page Left Blank Intentionally.) .' .' Page 6 of 11 V. PAYMENT Change Net Increase Net Increase! Order Item DESCRIPTION I (Decrease) Unit Unit Price (Decrease) No. Quantity Price 8-1 V.8l - Extend 12 FM from Station 1 LS $20,184.00 $20,184.00 509+75:1: to Station 510+94:1:. Connect 12" FM into existing sanitary sewer manhole 8-2 V.82 - Furnish and install new 1 LS $2,603.76 $2,603.76 concrete cap, ring and cover for gravity sanitary manhole located at Station 509+ 1 0, right 8-3 V.83 - Additional Owner 1 LS $4,667.25 $4,667.25 requested landscaping. 8-4 400-1-15C - Class I Concrete 4.00 CY $450.00 $1,800.00 (Miscellaneous) 8-5 V.08A - Furnish and install 6" 40 LF $29.00 $1,160.00 WM,DJ. 8-6 425-2-41 - Furnish and install 1 EA $1,090.00 $1,090.00 manhole Type P-7 (Reference RFP #44) 8-7 425-11A - Modify existing (1) EA $1,585.00 ($1,585.00) drainage structure (Reference RFP #44) 8-8 430-11-225A - Concrete pipe (14) LF $26.00 ($364.00) culvert (18") (Reference RFP #44) 8-9 V.84 - Additional Survey required 1 LS $300.00 $300.00 for structure S-305A (Reference RFP #44) 8-10 V.83 - 6" PVC Storm Drain Pipe 1 LS $2,750.00 $2,750.00 at Station 500+20:1:, left 8-11 V.84 - 8" Sanitary Sewer Service 1 LS $1,050.00 $1,050.00 at Station 500:1:, right 8-12 V.85 - Force Main 4" Wet-tap and I LS $4,727.40 $4,727.40 I Sleeve Connections at Station 495:1:, right 8-13 V.86 - Force Main 4" Wet-tap at 1 LS $3,293.44 $3,293.44 Station 497+40:1:, right 8-14 V.87 - 6" Watermain Connection 1 LS $1,400.00 $1,400.00 to Existing Fire Hydrant at Station 505+75:1:, right 8-15 V-13B - - Furnish and install 4" 235 LF $27.00 $6,345.00 DR14 PVC or Class 350 DI Force Main k:\const\oe\oe-353\co\#008CO-z. wpd7 Page 7 of 11 Change Net Increase Net Increase/ Order Item DESCRIPTION / (Decrease) Unit Unit Price (Decrease) No. Quantity I Price 8-16 U-90 - Modify S-55, Furnish and 1 LS $2,512.44 $2,512.44 Install Type 9 Curb Inlet Top 8-17 U-91 - Materials Retesting and (1) LS $13,959.10 ($13,959.10) Overtime Charges 8-18 Bid Item 337-7-3, Asphalt 402.88 TN $61.00 $24,575.68 Concrete Friction Course 8-19 Bid Item 400-1-15D, Class I (1) CY $450.00 ($450.00) Concrete (Miscellaneous) 8-20 Bid Item 425-1-351, Inlets (Curb (1) EA $1,940.00 ($1,940.00) Type P-5) (<10') 8-21 Bid Item 425-1-352, Inlets (Curb (1) EA $2,600.00 ($2,600.00) Type P-5) (> 1 0') 8-22 Bid Item 425-1-501, Inlets (DBI (1) EA $960.00 ($960.00) Type A) (<10') 8-23 Bid Item 425-11, Modify Existing (2) EA $1,585.00 ($3,170.00) Draining Structure 8-24 Bid Item 430-11-223, Concrete (17) LF $42.00 ($714.00) Pipe Culvert (15") 8-25 Bid Item 430-11-225, Concrete (272) LF $26.00 ($7,072.00) Pipe Culvert (18") 8-26 Bid Item 430-11-229, Concrete (61) LF $34.00 ($2,074.00) Pipe Culvert (24") 8-27 Bid Item 430-11-233, Concrete (138) LF $40.00 ($5,520.00) Pipe Culvert (30") 8-28 Bid Item 430-11-238 Concrete 8 LF $51.00 $408.00 Pipe Culvert (36") .. 8-29 Bid Item 430-11-240, Concrete (8) LF $58.00 ($464.00) Pipe Culvert (42") 8-30 Bid Item 430-11-241, Concrete (39) LF $70.00 ($2,730.00) Pipe Culvert (48") 8-31 Bid Item 430-150-116, Ductile (73) LF $17.20 ($1,255.60) Iron Pipe (6") 8-32 Bid Item 520-1-10, Concrete Curb 388.27 LF $7.40 $2,873.20 . & Gutter 8-33 Bid Item 522-1, Concrete (451.31) SY $13.50 ($6,092.69) Sidewalk (4" Thick) 8-34 Bid Item 522-2, Concrete 519.23 SY $18.00 $9,346.14 Sidewalk (6" Thick) 8-35 Bid Item 534-70, Concrete Block (47) LF $50.20 ($2,359.40) Retaining Wall k:\const\oe\oe-353\co\#008CO-z. wpd8 Page 8 of II Change Net Increase Net Increasel Order Item DESCRIPTION I (Decrease) Unit Unit Price (Decrease) No. Quantity Price 8-36 Bid Item 550-74-99, Fencing (15) LF $8.25 ($123.75) (Type B) 8-37 Bid Item 455-3-4, Prestressed (607) LF $67.00 ($40,669.00) Concrete Piling (Furnished) (24" sq.) 8-38 Bid Item 455-4-4, Prestressed (866) LF $1.03 ($891.98) Concrete Piling (Driven) (24" sq.) 8-39 Bid Item 455-15, Preformed Pile (4) EA $515.00 ($2,060.00) Holes 8-40 Bid Item 455-141-14, Text Piles (60) LF $5.15 ($309.00) (Driven) (24" sq.) 8-41 Bid Item A.0l, City ofOcoee (1) Allowance $27,226.86 ($27,226.86) Permit(s) 8-42 Bid Item A.02, City of Ocoee (1) Allowance $1,762.75 ($1,762.75) Office Equipment 8-43 Bid Item T.02, Sprint Telephone (225) LF $9.15 ($2,058.75) Conduit to Be Removed with JP A 8-44 Bid Item U.OI, Furnish & Install ( 189) LF $41.10 ($7,767.90) 16" Reclaimed Water Main 8-45 Bid Item U.02, Furnish & Install (30) LF $39.90 ($1,197.00) 12" Reclaimed Water Main 8-46 Bid Item V.04, Furnish & Install 7 LF $27.80 $194.60 4" Reclaimed Water Main 8-47 Bid Item V.06, Furnish & Install (71) LF $31.60 ($2,243.60) 12" Water Main / 8-48 Bid Item V.08, Furnish & Install (5) LF $29.00 ($145.00) 6" Water Main 8-49 Bid Item V.lO, Furnish & Install (23) LF $26.60 ($611.80) 12" PVC Force Main 8-50 CO Item 2-5, Furnish & Install 4" (20) LF $27.00 ($540.00) DR14 PVC Force Main 8-51 Bid Item V.14, Furnish & Install (7) LF $60.00 ($420.00) 12" Gravity Sewer 8-52 Bid Item V.17, Removal and (975) LF $6.90 ($6,727.50) Disposal of Pipe (Non-Asbestos) 8-53 Bid Item V.18, Removal and (495) LF $9.60 ($4,752.00) Disposal of Asbestos Pipe 8-54 Bid Item V.20, Furnish & Install (1) EA $3,770.00 ($3,770.00) 16" Gate Valve and Box 8-55 CO Item 4-16 (V.23A), Furnish & (1) EA $500.00 ($500.00) Install 6" Gate Valve and Box at Conserv II ARV to be Relocated k:\const\oe\oe-3 53\co\#008CO-z. wpd9 Page 9 of II Change Net Increase Net Increase/ Order Item DESCRIPTION / (Decrease) Unit Unit Price (Decrease) No. Quantity Price 8-56 Bid Item U.26, Furnish & Install (1) EA $820.00 ($820.00) 6" Plug Valve and Box 8-57 Bid Item U.27, Furnish & Install (1) EA $2,150.00 ($2,150.00) Fire Hydrant Assembly , 8-58 Bid Item U.28, Furnish & Install (4) EA $1,180.00 ($4,720.00) Air Release Valve Assembly 8-59 Bid Item U.3I, Grout Fill Existing (70) LF $73.60 ($5,152.00) Steel Casing (STA 434+10:1:) 8-60 Bid Item U.32, Grout Fill Existing ( 130) LF $79.25 ($10,302.50) Steel Casing (ST A 459+53:i: and 453+ 15:i:) 8-61 Bid Item U.34, Core Bore and (1) LS $3,275.00 ($3,275.00) Connect to Existing Manhole (STA 459+00:1:) 8-62 Bid Item U.35, Construct (1) LS $3,800.00 ($3,800.00) Doghouse Manhole (ST A 509+75:i:) 8-63 Bid Item U.44, Furnish & Install (29.77) LF $16.60 ($494.18) Concrete Protective Cap Total Net Decrease Change Order No.8 ($96,519.45) ; k:\const\oe\oe-353\co\#008CO-z. wpdI 0 Page 10 of 11 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. By executing this change order, each party reserves and expressly does not waive any and all rights, remedies, claims and defenses made or raised in that certain action pending in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida styled Ryan Incorporated Eastern v. The City ofOcoee. RECOMMENDED BY: Signatu ~ -Ll-03 &~ ~ &:>..../V ( t-l~~y-- By: Date: q - 11 - 03 , . Title: Lc'fI rfrlJ.ct,""1 il1'1na t'/, Date: Title: APPROVED BY: CITY OF OCOEE. FLORIDA Owner By: S. Scott Vandergrift, Mayor Date Attest: Jean Grafton, City Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY THIS DAY OF ,2003. APPROVED BY THE OCOEE CITY COMMISSION IN A MEETING HELD ON , 2003 UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney k:\const\oe\oe-353\co\#008CO-z.wpdI I Page II of II