HomeMy WebLinkAboutItem E(6) Consideration for Change Order No 1 with Prime Construction Group, Inc on the Old Winter Garden Road/ PRofessional Parkway Project in the Amount of a Reduction of $28,180 with No Adjustment in Contract Time be Centel of Good L,
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AGENDA ITEM COVER SHEET
Meeting Date: November 16, 2004
Item # 6
Reviewed By: �,/'
Contact Name: David Wheeler Department Director: . /7
Contact Number: 407-905-3100, ext. 1504 City Manager
Subject:
Change Order No, l with Prime Construction Group,Inc. for the Old Winter Garden Road/Professional
Parkway Project
Background Summary:
The Old Winter Garden Road/Professional Parkway project was bid with the inclusion of the Sprint
Florida, Inc. demolition of old existing facilities included in the City's project. Sprint Florida reviewed
the bid provided by Prime Construction Group, Inc. and determined it to be out of line with their
estimate to perform the work. Sprint Florida was able to negotiate a lower price with the City's
contractor after evaluating the bid price. The amount of the reduction is $28,180.00 and is reflected
in Change Order No. 1.
The attached documents include the Joint Project Agreement between the City and Sprint Florida,
Inc. and Change Order No. 1 with Prime Construction Group, Inc.
Issue:
The City has the ability to reduce its construction contract with Prime Construction Group, Inc. by
the amount of the negotiated value to perform the demolition of the old existing Sprint Florida
facilities. This savings will be a pass through to Sprint Florida, Inc. The City also needs to execute
the JPA with Sprint Florida, Inc. which also spells out administrative functions between the two
parties.
Recommendations
The Engineering — Public Utilities staff recommends that the City Commission approve the Joint
Project Agreement with Sprint Florida, Inc. and authorize the Mayor and City Clerk to execute the
agreement. Staff further recommends that the City Commission approve Change Order No. 1 to
reduce the construction contract by $28,180.00, with no adjustment in contract time, and authorize
the Mayor and City Clerk to execute the change order.
Attachments:
1) Joint Project Agreement between the City of Ocoee and Sprint Florida, Inc.
2) Change Order No. 1 between the City of Ocoee and Prime Construction Group, Inc.
Financial Impact:
This change order will result in the reduction of the project's construction contract by $28,180.
Type of Item:
❑ Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading ® Consent Agenda
❑ Ordinance First Reading 0 Public Hearing
❑ Resolution 0 Regular Agenda
❑ Commission Approval
❑ Discussion&Direction
® Original Document/Contract Attached for Execution by City Clerk
O Original Document/Contract Held by Department for Execution
Reviewed by City Attorney ❑ N/A
Reviewed by Finance Dept. 0 N/A
Reviewed by ( ) 0 N/A
Mayor center of Good LiV Commissioners
S. Scott Vandergrift Danny Howell,District 1
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: November 8, 2004
RE: Approval of Change Order No. 1
With
Prime Construction Group, Inc.
For
Old Winter Garden Road/Professional Parkway Project
ISSUE
The Engineering—Public Utilities Department requests that the City Commission approve Change Order No. 1
with Prime Construction Group, Inc. on the Old Winter Garden Road/Professional Parkway project in the
amount of a reduction of$28,180.00, with no adjustment in contract time.
In addition, the Engineering —Public Utilities Department requests that the City Commission approve the JPA
with Sprint Florida, Inc. for the Old Winter Garden Road/Professional Parkway project for the City's contractor
to perform some of Sprint's utility relocation work.
BACKGROUND/DISCUSSION
The Old Winter Garden Road/Professional Parkway project will widen these roads to a four lane divided section
and realign the intersection of Bluford Avenue from a "wye" intersection to a signalized "cross" intersection.
The project also includes relocation of underground utilities within the roadway right-of-way. All of the
utilities in the area are affected and require some amount of relocation. The City has worked with Sprint
Florida, Inc. to include their relocation work as part of the City's construction contract. Sprint Florida and
Orange County Utilities were the only utilities to include their work in the City's contract and have done so
through a Joint Project Agreement (JPA) with the City. Copy of the Sprint Florida agreement is attached for
review. The JPA also spells out administrative functions between the two parties.
The Sprint relocation work included demolition of old existing facilities and was bid as a part of the City's
contract. Sprint reviewed the bid costs submitted by the City's contractor, Prime Construction Group, Inc., and
determined them to be in excess of Sprint's estimated cost for the demolition of the access manholes and the
grouting and plugging of existing ducts. Two options were available to Sprint: 1)perform all of the work with
their crews or contractors, or 2) negotiate a lower cost with the City's contractor. Sprint Florida was able to
negotiate a price reduction based upon review of the required work. The result of this negotiation between
Sprint and Prime was a reduction of $28,180.00 in those line items for the Sprint work. The change order is
attached for review.
City of Ocoee Financial Project ID: N/A County/Section No: Orange/ N/A
City of Ocoee Project Name: Federal/State/County Project ID: N/A
Old Winter Garden Road/Professional
Parkway
Part A and Part B
City of Ocoee Project No: Part A-11806 City of Ocoee Document No: N/A
Part B -11807
THIS AGREEMENT, entered into this day of , 20 by and
between the CITY OF OCOEE, FLORIDA, hereinafter referred to as the"CITY",and Sprint-Florida,
Inc., hereinafter referred to as "SPRINT".
WITNESSETH
WHEREAS,the CITY, is constructing, reconstructing, or otherwise changing a portion of a
public road, said project being identified as Old Winter Garden Road/Professional Parkway,
hereinafter referred to as the "Project"; and
WHEREAS, SPRINT owns or desires to remove and install certain facilities which are
located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be
deemed to include utility facilities as the same may be relocated,adjusted, installed,or placed out of
service pursuant to this Agreement); and
WHEREAS, the Project requires the removal, relocation (vertically and/or horizontally),
protection, installation, or adjustment of the Facilities, or some combination thereof, hereinafter
referred to as "Utility Work;"and
WHEREAS,the CITY and SPRINT desire to enter into a joint agreement pursuant to Section
337.403(1)(b)of the Florida Statutes for a certain portion of the Utility Work to be accomplished by
the CITY's contractor as part of the construction of the Project; and
WHEREAS, SPRINT, pursuant to the terms and conditions hereof, will bear certain costs
associated with the Utility Work;
NOW,THEREFORE, in consideration of the above recitals,which are incorporated herein by
reference, and the mutual covenants contained herein, the CITY and SPRINT hereby agree as
follows:
1. Design of Utility Work
SPRINT warrants and represents the following:
a. SPRINT has prepared, at the SPRINT's sole cost and expense, final
engineering designs, plans, technical special provisions, a cost estimate,
including a separate cost estimate for the removal of those certain facilities
that SPRINT intends to have the CITY's contractor remove, and a
contingency utility relocation schedule(said contingency schedule to be used
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in the case of a bid rejection) for the Utility Work (hereinafter referred to as
the "Plan's Package").
b. The Plan's Package has been incorporated into the CITY's contract
documents for the Project. SPRINT warrants the sufficiency and accuracy of
the Plan's Package.
c. The Plan's Package identifies a complete scope of work and includes all
activities and work effort required to perform the Utility Work, including but
not limited to, all clearing and grubbing, survey work and a traffic control
plan.
d. The Plan's Package complies with the requirements of the CITY's contract
documents for the Project.
e. The technical special provisions which are a part of the Plan's Package have
been prepared in accordance with the CITY's guidelines on preparation of
technical special provisions and do not duplicate or change the general
contracting provision of the CITY's Standard Specifications for this project
and any Supplemental Specifications, Special Provisions,or Developmental
Specifications of the CITY for the Project.
f. SPRINT has provided a copy of the proposed Plan's Package to the CITY,
and to such other right-of-way users as designated by the CITY,for review in
time for incorporation into the CITY's Contract Documents before the
schedule Pre-bid conference on March 31,2004 and has attended such Pre-
bid conference on that date. SPRINT will meet the CITY's schedule for the
Project. The work progress schedule includes milestones necessary to
complete the Plan's Package within the time specified in the Contract
Documents for this Project.
g. SPRINT warrants the sufficiency and accuracy of the Plan's Package. In the
event that the CITY finds any deficiencies in the Plan's Package, the CITY
will notify SPRINT of the deficiencies and SPRINT will correct the
deficiencies and return corrected documents as required by the CITY. The
CITY's review and approval of the documents shall not relieve SPRINT from
responsibility or liability. SPRINT warrants and represents that all materials
composed of asbestos which need to be removed, relocated or handled are
in a safe condition that will allow such removal.
h. SPRINT shall at all times be and remain solely responsible for proper
preparation of the Plan's Package and for verifying all information necessary
to properly prepare the Plan's Package, including survey information as to
the location (both vertically and horizontally)of the Facilities. The providing
of information by the CITY shall not relieve SPRINT of this obligation nor
transfer any of that responsibility to the CITY.
The Plan's Package identifies all Facilities and the Utility Work which are
located within the limits of the Project that SPRINT desires to be performed
by CITY's Contractor. Facilities and Utility Work not to be performed by
CITY's contractor have been separately identified for separate permitting.
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j. SPRINT agrees that it will fully cooperate with all other right-of-way users and
the CITY's engineer. Any conflicts that cannot be resolved through
cooperation shall be resolved in the manner determined by the CITY in its
absolute discretion.
2. Performance of Utility Work
a. The CITY shall incorporate that portion of the Plan's Package that identifies
Utility Work to be performed by CITY's contractor into its contract for
construction of the Project.
b. The CITY shall procure a contract for construction of the Project in
accordance with the CITY's requirements.
c. If the portion of the bid of the contractor selected by the CITY concerning the
performance of the Utility Work should exceed SPRINT's estimate for such
work by more than ten percent (10%) and the CITY has elected not to
participate in the cost of the removal of those certain facilities pursuant to
Section 337.403(1)(b)of the Florida Statutes. SPRINT may elect to have the
Utility Work removed from the CITY's contract by notifying the CITY in writing
within seven days from the date that SPRINT is notified of the bid amount.
Unless this election is made, the CITY's contractor shall perform the Utility
Work as part of the Project.
d. If SPRINT elects to remove the Utility Work from the CITY's contract in
accordance with Subparagraph 2.c., SPRINT shall perform the Utility Work
separately pursuant to the terms and conditions of which are incorporated
herein for that purpose by this reference, and in accordance with the
contingency relocation schedule which is a part of the Plans Package.
SPRINT shall proceed immediately with the Utility Work so as to cause no
delay to the CITY or the CITY's contractor in constructing the Project.
e. During the course of performance of the Utility Work, SPRINT shall perform
all engineering inspection, testing, and monitoring of the Utility Work to
insure that it is properly performed in accordance with the Plan's Package,
except for soils compaction testing, but only to the extent that such testing
can be most efficiently performed by the City's testing firm performing related
testing on site. (If the CITY's firm is not performing such work in the area
where SPRINT requires testing, then SPRINT, upon receiving notice from
the CITY, shall perform such testing separately at its own expense.)
f. SPRINT shall furnish the CITY with daily records showing approved
quantities and amounts for weekly, monthly, and final estimates in
accordance with the format required by CITY procedures.
g. Except for the inspection, testing, monitoring and reporting to be performed
by SPRINT as required herein, the CITY will perform all contract
administration for its construction contract.
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h. SPRINT shall fully cooperate with the CITY, CITY's engineer,and the CITY's
contractor in all matters relating to the performance of the Utility Work.
The CITY's engineer has full authority over the Project and SPRINT shall be
responsible for coordinating and cooperating with the CITY's engineer. In so
doing, SPRINT shall make such adjustments and changes in the Plan's
Package as the CITY's engineer shall determine are necessary for the
prosecution of the Project at no cost or expense to the CITY.
j. SPRINT shall not make any changes to the Plan's Package after the date on
which the CITY's Pre-bid meeting is conducted for the Project, unless those
changes fall within the categories of changes which are allowed by
supplemental agreement to the CITY's Contract pursuant to Section 337.11
of the Florida Statutes. All changes, regardless of the nature of the change
or the timing of the change, shall be subject to the prior approval of the CITY.
3. Cost of Utility Work
a. SPRINT shall be responsible for all costs of the Utility Work and all costs
associated with any adjustments or changes to the Utility Work determined
by the CITY's engineer to be necessary, including, but not limited to the cost
of changing the Plan's Package and the increase in the cost of performing
the Utility Work, unless the adjustments or changes are necessitated by an
error or omission of the CITY. SPRINT shall not be responsible for the cost
of delays caused by such adjustments or changes unless they are
attributable to SPRINT pursuant to Subparagraph 4.a
b. Not later than fourteen (14) days from the date of this agreement, SPRINT
shall pay to the CITY the sum of$ 232,320.00 , the amount of SPRINT's
Estimate Cost for the Utility Work; plus an additional sum of $23,232.00
which is 10%of SPRINT's Estimate Cost for the Utility Work,to be applied by
the City towards administrative cost of field work, tabulation of quantities,
Final Estimate processing, professional and engineering fees and Project
accounting ("Allowances"); plus an additional sum of$23,232.00 , which is
10% of SPRINT's Estimate Cost for the Utility Work, for a contingency fund
to be used as hereinafter provided for changes to the Utility Work or other
costs or damages incurred by the CITY during the construction of the Project
that are the fault of Sprint or caused by Sprint's acts or omissions (the
"Contingency Fund"). The amounts deposited by SPRINT with the CITY may
be increased at the discretion of the CITY as provided in this Agreement.
Payment of the funds pursuant to this paragraph will be made directly to the
CITY.
c. If the portion of the contractor's bid selected by the CITY for performance of
the Utility Work exceeds the amount of the deposit made pursuant to
Subparagraph 3.b. above, then subject to and in accordance with the
limitations and conditions established by Subparagraph 2.c.hereof regarding
the CITY's participation in the cost of the Utility Work and SPRINT's election
to remove the Utility Work from the Project, SPRINT shall, within fourteen
(14) calendar days from notification from the CITY or prior to posting of the
accepted bid, whichever is earlier, pay an additional amount to the CITY to
bring the total amount paid to the total obligation of SPRINT for the cost of
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the Utility Work, plus Allowances and 10%Contingency Fund. The CITY will
notify SPRINT as soon as it becomes apparent the accepted bid amount plus
allowances and contingency is in excess of the advance deposit amount;
however, failure of the CITY to so notify SPRINT shall not relieve SPRINT
from its obligation to pay for its full share of project costs on final accounting
as provided herein below. In the event that SPRINT is obligated under this
Subparagraph 3.c. to pay an additional amount and the additional amount
that SPRINT is obligated to pay does not exceed the Contingency Fund
already on deposit, SPRINT shall have sixty (60) calendar days from
notification from the CITY to pay the additional amount, regardless of when
the accepted bid is posted.
d. If the total of all costs for the Utility Work is less than the advance deposit
amount,the CITY will, upon completion of the project, refund the amount by
which the advance deposit exceeds the final costs, if such refund is
requested by SPRINT in writing and approved by the CITY.
e. Should contract modifications occur that increase the cost of the Utility Work,
SPRINT will be notified by the CITY accordingly. SPRINT agrees to provide,
in advance of the additional work being performed,adequate funds to ensure
that cash on deposit with the CITY is sufficient to fully fund its share of the
project costs. The CITY shall notify SPRINT as soon as it becomes apparent
the actual costs will overrun the award amount; however,failure of the CITY
to so notify SPRINT shall not relieve SPRINT from its obligation to pay for its
full share of project costs on final accounting as provided herein.
f. The CITY may use the Contingency Fund deposited with the CITY by
SPRINT for payment of increased costs of the Utility Work. The Contingency
Fund may be used for changes to the Utility Work or other costs or damages
incurred by the CITY during the construction of the Project that are the fault
of Sprint or caused by Sprint's acts or omissions. Prior to using any of the
Contingency Fund, the CITY shall provide Seven (7) days written notice to
SPRINT. The CITY may then proceed to perform the Utility Work and
recover the cost from the Contingency Fund. In the event that the
Contingency Fund is depleted. SPRINT shall,within seven(7)calendar days
from notification by the CITY, pay to the CITY an additional deposit of •
$23,232.00 , to be used by the CITY to pay for any additional costs of the
Utility Work established under this agreement. Additional deposits shall be
made by SPRINT under the same procedures as needed by the CITY. In the
event the cost of the Utility Work is greater than the total deposits made by
SPRINT to the CITY, SPRINT shall pay the additional amount within twenty
(20) calendar days from the date of receiving notice from the CITY.
g. The CITY shall have the right to retain out of any payment due SPRINT
under this Agreement an amount sufficient to satisfy any amount due and
owing to the CITY by SPRINT on any other Agreement between SPRINT and
the CITY, whether existing now or in the future.
4. Claims Against SPRINT
a. SPRINT shall be responsible for all costs and damages incurred as a result
of any delay to the CITY or its contractors caused by errors or omissions in
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the Plan's Package (including inaccurate location of the Facilities) or by
failure of SPRINT to properly perform its obligations under this Agreement in
a timely manner.
b. In the event the Contractor provides a notice of intent to make a claim
against the CITY relating to the Utility Work, the CITY will notify SPRINT of
the notice of intent and SPRINT will thereafter keep and maintain daily field
reports and all other records relating to the intended claim.
c. In the event the contractor makes any claim against the CITY relating to the
Utility Work, the CITY will notify SPRINT of the claim and SPRINT will
cooperate with the CITY in analyzing and resolving the claim within a
reasonable time. Any resolution of any portion of the claim directly between
SPRINT and the CITY's contractor shall be in writing, shall be subject to
written CITY concurrence and shall specify the extent to which it resolves the
claim against the CITY.
d. The CITY may withhold payment of surplus funds to SPRINT until final
resolution (including any actual payment required)of all claims relating to the
Utility Work. The cost of resolving any such claim with the CITY's Contractor
shall be charged as an additional cost of the Utility Work and shall be paid by
SPRINT to the CITY as provided herein.
5. Out of Service Facilities
No Facilities shall be placed out of service unless specifically identified as such in
the Plans. The following terms and conditions shall apply to Facilities placed Out-of-
Service:
a. SPRINT acknowledges its present and continuing ownership of and
responsibility for out of service Facilities.
b. The CITY agrees to allow SPRINT to leave the Facilities within the right-of-
way subject to the continuing satisfactory performance of the conditions of
this Agreement by SPRINT. In the event of a breach of this Agreement by
SPRINT, the Facilities shall be removed upon demand from the CITY in
accordance with the provisions of Subparagraph "e" below.
c. SPRINT shall take such steps to secure the Facilities and otherwise make
the Facilities safe in accordance with any and all applicable local, state of
federal laws and regulations and in accordance with the legal duty of
SPRINT to use due care in its dealings with others. SPRINT shall be solely
responsible for gathering all information necessary to meet these obligations.
d. SPRINT shall keep and preserve all records relating to the Facilities,
including, but no limited to, records of the location,nature of,and steps taken
to safely secure the Facilities and shall promptly respond to information
requests of the CITY or other permitees using or seeking use of the right-of-
way.
e. SPRINT shall remove the Facilities at the request of the CITY in the event
that the CITY determines that removal is necessary for CITY use of the right-
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of-way or in the event that the CITY determines that use of the right-of-way is
needed for other active utilities that cannot be otherwise accommodated in
the right-of-way. Removal shall be at the sole cost and expense of SPRINT
and without any right of SPRINT to object or make any claim of any nature
whatsoever with regard thereto. Removal shall be completed within the time
specified in the CITY's notice to remove. In the event that SPRINT fails to
perform the removal properly within the specified time, the CITY may
proceed to perform the removal at SPRINT's expense pursuant to the
provisions of Sections 337.403 and 337.404 of the Florida Statutes.
f. Except as otherwise provided in Subparagraph "e" above, SPRINT agrees
that the Facilities shall forever remain the legal and financial responsibility of
SPRINT. SPRINT shall reimburse the CITY for any and all costs of any
nature whatsoever resulting from the presence of the Facilities within the
right-of-way. Said costs shall include, but shall not be limited to, charges or
expenses which may result from the future need to remove the Facilities or
from the presence of any hazardous substance or material in or discharging
from the Facilities. Nothing in this paragraph shall be interpreted to require
SPRINT to indemnify the CITY for the CITY's own negligence; however, it is
the intent that all other costs and expenses of any nature be the
responsibility of SPRINT.
6. Default
a. In the event that SPRINT breaches any provision of this Agreement,then in
addition to any other remedies which are otherwise provided for in this
Agreement, the CITY may exercise one or more of the following options,
provided that at no time shall the CITY be entitled to receive double recovery
of damages;
1. Terminate this Agreement if the breach is material and has not been
cured within fifteen (15)days from the receipt of written notice there
of from CITY.
2. . Pursue a claim for damages suffered by the CITY or the public.
3. If the Utility Work is reimbursable under the Agreement, withhold
reimbursement payments until the breach is cured.
4. If the Utility Work is reimbursable under this Agreement offset any
damages suffered by the CITY or the public against payments due
under this Agreement for the same Project. The right to offset shall
be limited to actual claim payments made by CITY to third parties.
5. Suspend or terminate the issuance of further permits to SPRINT for
the placement of Facilities on CITY property if the breach is material
and has not been cured within fifteen (15) days from the receipt of
written notice thereof from CITY.
b. In the event that the CITY breaches any provision of this Agreement,then in
addition to any other remedies which are otherwise provided for in the
Agreement, SPRINT may exercise one or more of the following options:
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1. Terminate this Agreement if the breach is material and has not been
cured within sixty(60) days from notice thereof from SPRINT.
2. If the breach is a failure to pay an invoice for Utility Work which is
reimbursable under this Agreement, pursue any statutory remedies
that SPRINT may have for failure to pay invoices.
3. Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from any
obligations it has pursuant to other agreements between the parties nor from
any statutory obligations that either party may have with regard to the subject
matter hereof.
7. Force Majeure
Neither SPRINT nor the CITY shall be liable to the other for any failure to perform
under this Agreement to the extent such performance is prevented by an act of God,
war, riots, natural catastrophe, or other event beyond the control of the non-
performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the party claiming the excuse from
performance has (a) promptly notified the other party of the occurrence and it's
estimate duration,(b)promptly remedied or mitigated the effect of the occurrence to
the extent possible, and (c) resumed performance as soon as possible.
8. Indemnification
To the fullest extent provided by law, SPRINT shall indemnify, defend and hold
harmless the CITY and all of its officers, agents, elected and appointed officials and
employees from all claims, loss,damage,cost,charges or expense including,but not
limited to reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of SPRINT, its agents, employees,
or subcontractors during the performance of this Agreement.
9. Attorney's Fees
In the event that either party seeks to enforce this Agreement by way of legal action,
and the matter is placed in the hands of an attorney, then the prevailing party shall
recover its attorney's fees and paralegal fees and the court shall determine the
amount of such fees and allow recovery to said prevailing party in entering a
judgement. The parties agree that entitlement to attorney's fees under this
Agreement shall be deemed to include all appellate attorney fees.
10. Venue Selection
The parties agree that the exclusive and proper venue for any collection,
enforcement or other action arising out of or under this Agreement, the Project
and/or any Supplemental Task Authorization shall be brought in the Circuit Court of
the Ninth Judicial Circuit in and for Orange County, Florida.
11. Miscellaneous
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a. Time is of the essence in the performance of all obligations under this
Agreement.
b. The Facilities shall at all times remain the property of and be properly
protected, insured and maintained by SPRINT.
c. The CITY may unilaterally cancel this Agreement for refusal by SPRINT to
allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or
received by SPRINT in conjunction with this Agreement.
d. This Agreement constitutes the complete and final expression of the parties
with respect to the subject matter hereof and supersedes all prior
agreements, understandings, or negotiations with respect thereto, except
that the parties understand and agree that the CITY has manuals and written
policies and procedures which may be applicable at the time of the Project
and the relocation of the Facilities.
e. This Agreement shall be governed by the laws of the State of Florida. Any
provision hereof found to be unlawful or unenforceable shall be severable
and shall not affect the validity of the remaining portions hereof.
f. All notices required pursuant to the terms hereof may be sent by first class
United States Mail, facsimile transmission, hand delivery, or express mail
and shall be deemed to have been received by the end of five business days
from the proper sending thereof unless proof of prior actual receipt is
provided. SPRINT shall have a continuing obligation to notify each the CITY
of the appropriate persons for notices to be sent pursuant to this Agreement.
Unless otherwise notified in writing, notices shall be sent to the following
addresses:
If to SPRINT:
Mr . Wade Rich
If to the CITY:
Mr . David Wheeler
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement effective the day
and year first written.
SPRINT-FLORIDA, INC.
BY: ` &44447 DATE: August 9 , 2004
(Signature)
(Typed Name Danny Joseph )
(Typed Title: Engineering M_anag-
Signed, Sealed and Delivered CITY OF OCOEE, FLORIDA
//A / S. Scott Vandergrift, May
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Print Name �(l`�IanItLip
\ ons \_ 5n*Icd ATTEST:
Print NameDfe► UN
Name: E0624-, +:AYy
Title: CruC,e-I
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD
APPROVED AS AFORM AND ON , 20
LE °►LI (Y)this day of UNDER AGENDA ITEM NO.
U [,`I �J,(l , 20Qy
FOLEY& L DNER 0.1
BY: aii2clekki
City Attorney
�becenter ofGood CITY OF OCOEE
` Engineering/Utilities
150 North Lakeshore Drive
Ocoee, Florida 34761-2258
CHANGE ORDER NO. 01
CITY OF OCOEE
PROJECT NO.: B04-05/0E-382-3.0
DATE: September 1, 2004
CONTRACTOR: Prime Construction Group, Inc.
AGREEMENT DATE: June 16, 2004
The following changes are hereby made to the CONTRACT DOCUMENTS.
Original CONTRACT PRICE $6,656,540.00
Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDER $6,656,540.00
Net Increase/Decrease Resulting from this CHANGE ORDER $ (28,180.00)
The current CONTRACT PRICE including this CHANGE ORDER $6,628,360.00
ORIGINAL CONTRACT TIME:
660 Consecutive Calendar Days from Notice to Proceed Date: May 23, 2006
Current CONTRACT TIME adjusted by previous CHANGE ORDERS Date: Mav 23, 2006
Net Increase Resulting from this CHANGE ORDER Days: -0-
Current CONTRACT TIME Including this CHANGE ORDER Date: May 23, 2006
Ic\const\document\oe\oe-382\co\#01CO.wpd Page 1 of 4
CHANGES ORDERED:
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
Contract Cost Adjustment(s): Sprint Duct Bank Removal-JPA Agreement
1-1 Delete original Sprint Telephone(Sprint) Bid Item T.01.
1-2 Add new Sprint Work Item T.06. between Contractor and Sprint.
1-3 Delete original Sprint Bid Item T.05.
1-4 Add new Sprint Work Item T.07.
Contract Time Adjustment
By mutual agreement between the City of Ocoee (City) and Prime Construction Group, Inc.
(Contractor)the effective date of Notice to Proceed shall be set at Monday, August 2, 2004 (Delayed
Start Date by Contractor Request) and the Contractor shall furnish and install and place into operation
the Temporary Signal at Old Winter Garden Road and Blackwood Avenue on or before September 30,
2004 (60 calendar days)(Early Completion of Temporary Signal by City Request). Contract Final
Completion Date shown as May 23, 2006 by this agreement with no change to overall Contract Time.
Liquidated damages with respect to substantial completion of this referenced item shall commence
October 1, 2004 if temporary signal is not in operation.
III. JUSTIFICATION
1-1 through 1-4
Contract Modifications pursuant to mutual agreement between Sprint Telephone and Contractor.
Contract Time Adjustment
Contract Time Adjustment pursuant to mutual agreement between City and Contractor.
IV. NARRATIVE OF NEGOTIATIONS -CHANGE ORDER NO. 01
Contract Cost Adjustments Sprint Duct Bank Removal - JPA Agreement Items 1-1 through 1-4.
Revised costs mutually agreed upon at meeting of 6-30-04 between Contractor and Sprint Telephone,
and recorded by PEC.
Contract Time Adjustment
Note, adjustments referenced under required changes above.
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V. PAYMENT
Change Description Net Increase Unit Unit Price Net Increase/
Order /(Decrease) (Decrease)
Item No. Quantity Price
1-1 Delete Item T.01 Manholes (6) EA $12,000.00 ($72,000.00)
1-2 Add Item T.06 Manholes 6 EA $7,970.00 $47,820.00
1-3 Delete Bid Item T.05 Grout& Plug (8) EA $1,000.00 ($8,000.00)
Ducts
1-4 Add Item T-07 Grout& Plug Ducts 8 EA $500.00 $4,000.00
Total Net Decrease Change Order No. 01 ($28,180.00)
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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.
RECOMMENDED BY: ACCEPTED BY:
PEC, Appoppp Prime Construction rou Inc.
By: /ir f • _ �. , �� By:
nature Sign "ire
Date: 7— 2Z-04 Date: Q
Title: C/14 Title: Roy W.Smith.lir.,President
Prime Construction Group.Inc.
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 APPROVED BY THE OCOEE CITY
CITY OF OCOEE,APPROVED AS TO FORM COMMISSION IN A MEETING HELD ON
AND LEGALITY THIS DAY OF ,2004 UNDER
,2004. AGENDA ITEM NO.
FOLEY&LARDNER
By:
City Attorney
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