HomeMy WebLinkAbout2001 01 08 Regular E TLBD Entryway Enhancements Construction Agreement
COMMISSION AGENDA
ITEM E
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
January 8, 2001
Meeting
MGR~T /~
Authorization
REQUEST: Public Works Department Requesting the City Commission Approve an
Addendum to the Tuscawilla Lighting and Beautification District Entryway
Enhancements Construction Agreement.
PURPOSE: The purpose of this Board item is to request the City Commission approve the
Addendum to the TLBD Entryway Enhancements Construction Agreement in order to
extend the original construction contract value at an increased cost of$35,000 for
remobilization plus 2% per year from October 12, 1999.
CONSIDERA TIONS:
This approval is needed to extend and retain the construction agreement with the low
bidder of Bid #ITB-010-99-KL, Cathcart Construction Company, in order to avoid the
increased construction costs envisioned with rebidding the project. Cathcart Construction
Company was awarded the contract on August 9, 1999 at a cost of$I,707,144.89. The
No~ice to Proceed was issued on September 28, 1999 and subsequently, a Suspension of Work
Order was issued October 12, 1999 due to the litigation.
During the brief initial period of construction, the contractor is due $19,400 from the
original contract. The Addendum provides for a remobilization fee of $3 5,000 plus a material
and labor escalation fee of2% per year commencing from the Suspension of Work Order date.
If the project is not recommenced, no additional costs will be incurred.
The addendum was reviewed and modified by the TLBD Advisory committee as well
as the City Attorney. A copy of the TLBD minutes approving the addendum is attached.
Regular Agenda Item E
January 8, 2001
Page 2
F or example, the projected costs assuming a F ebruary 12~ 2001 issuance of a 2nd Notice to
Proceed would be:
Original Contract
Remobilization Fee
Material and Labor Escalation Fee
$1,707,144.89
$35,000.00
$45.523.86
$1,787,668.75 (4.7% increase)
FUNDING:
The additional costs would only be incurred if the 2nd Notice to Proceed is issued and
paid for by the Tuscawilla Lighting and Beautification District. The $19,400 owed to the
contractor would be paid within 30 days as provided for in the addendum.
RECOMMENDATION:
It is recommended that the City Commission approve the Addendum to the TLBD
Entryway Enhancements Construction Agreement at an increased cost of$35,000 for
remobilization plus 2% per year from October 12, 1999.
IMPLEMENTATION:
The Addendum will be executed and the contractor paid the $19,400 within thirty days.
ATTACHMENTS:
1. Addendum to TLBD Entryway Enhancements Construction Agreement
2. Original Construction Agreement
3. TLBD Minutes of August 15,2000
COMMISSION ACTION:
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A TT ACHMENT NO. 1
ADDENDUM
THIS ADDENDUM to that certain Agreement, dated September 28, 1999,
between the CITY OF WINTER SPRINGS ("Owner") and CATHCART
CONTRACTING COMPANY ("Company"), is entered into this _ day of
2000.
Whereas, Owner and Company previously entered into that certain agreement,
dated September 28, 1999 ("Agreement"), by which Company agreed to perform
construction services for the Tuscawilla Lighting and Beautification District Entryway
Enhancements ("Enhancements"): and
Whereas, Owner plans to finance the construction of the Enhancements through
the issuance of municipal bonds and the implementation of a special assessment for the
area within the Tuscawilla Lighting and Beautification District ("District"): and
Whereas, the issuance of the Bonds and the implementation of the Assessment
was challenged in the Circuit Court in and for Seminole County by citizens living in the
District: and
Whereas, as the result of that challenge, the Company's work under the
Agreement was suspended by the Owner: and
Whereas, because of the challenge, the Owner is seeking to validate the Bonds
and Assessment pursuant to Chapter 75, Florida Statutes ("Bond Validation
Proceeding"); and
Whereas, the Bond Valuation Proceeding is currently on appeal at the Florida
Supreme Court and the outcome is uncertain at the effective date of this Addendum; and
Whereas, under the terms and conditions contained herein, Owner and Company
desire to indefinitely suspend the work under the Contract until such time as the Bond
Proceeding is completed and the Owner determines whether or not to issue the Bonds.
IN CONSIDERATION of the mutual promises and other consideration set forth
herein, the receipt and sufficiency of which is hereby acknowledged by the parties to
have been received, Owner and Company agree as follows:
Section 1. Incorporation of Recitals. The foregoing recitals are hereby
acknowledged by the parties to be true and correct and are hereby fully incorporated
herein by this reference.
GFE-Word-BeaUlilicalion-Addcndum # 1,8/16/00
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Section 2. Amendment to Agreement. Notwithstanding any other provision
contained in the Agreement, including the Contract Documents set forth in Section 2 of
the Agreement, Owner and Company agree that the work described in the Agreement is
indefinitely suspended until such time as a final disposition of the Bond Proceeding has
been rendered by a court of competent jurisdiction and the Owner determines, no later
than sixty (60) days after said disposition, whether or not to issue the Bonds. During the
first year and one-half of such suspension Company agrees not to terminate the
Agreement.
Section 3. Payment to Company. Within thirty (30) days of the date the parties
fully execute this Agreement, Owner agrees to pay Company Nineteen Thousand Four
Hundred Dollars ($19,400.00) for all of Company's present out-of-pocket expenditures
for bonding, equipment mobilization, and other reasonable expenses incurred as a result
of the initial suspension of work under the Agreement. This payment to Company
satisfies, in full, any and all present or future claims arising out of the initial suspension
of work.
Section 4. Adjustment to the Agreement. If Owner recommences work under
the Agreement, Owner and Company agree the Company shall be paid Thirty Five
Thousand Dollars ($35,000.00) as a remobilization fee and, in addition, a material and
labor escalation fee of two percent (2%) per annum, or the increase in the Consumer
Price Index, whichever is greater, for each month, or part thereof, the project is
suspended, beginning at the effective date of the Suspension of Work Order (October 12,
1999) and ending with the date of issuance ofthe Second Notice To Proceed. In addition
to the above payments, Owner agrees to grant an appropriate extension of time to
perform the work under the Agreement, provided the extension is attributable to the time
delay caused by the Bond Valuation Proceeding.
Section 5. Other Terms. All other terms and conditions of the Agreement, and
the rights ofthe parties under the Agreement, shall be preserved and remain in full force
and effect, except as modified herein.
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Witness
Name
Print Name
Approved as to form and content
Date
City Attorney
GFE-Word-Beautification-Addendum Ill, 9/13/00
Owner
Ronald W McLemore
City Manager
Date:
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A TT ACHMENT NO. 2
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AGREEMENT
THIS AGREEMENT MADE THIS 28& DAY OF ~(r;~,~ ,1999 between the CITY OF WINTER
SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole County, State of Florida, herein
referred to as OWNER and CATHCART CONTRACTING COMPANY, State of Florida, herein referred to as
CONTRACTOR, a person duly licensed as a Contractor in the State of Florida, as follows:
1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract
Documents, for the construction of the TUSCAWILLA LIGHTING & BEAUTIFICATION DISTRICT ENTRYWAY
ENHANCEMENTS.
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical, General and
Supplementary Conditions and Sections contained in the Project Manual; the Drawings as listed on the Bid Form and
Index to Drawings; all Addenda issued prior to and all Change Orders issued after execution of this Agreement. These
form the Contract and are incorporated into this Contract by this reference.
3. CONTRACT TIME - The CONTRACTOR shall begin work within 1Q.. calendar days after the issuance of
a written Notice to Proceed and shall complete the work within 365 calendar days from the date of the Notice to
Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing.
4. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified
in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General Conditions. They also
recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss
suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall
pay OWNER $250.00 for each day that expires after the time specified in Paragraph 3 for substantial completion
has expired until the work is finally complete and the Substantial Completion Certificate has been issued and that
OWNER has paid to CONTRACTOR the consideration ofTen ($10.00) Dollars as consideration for this provision.
5. CONTRACT PRICE. LUMP SUM CONTRACT - The OWNER will pay the CONTRACTOR in current
funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract
Price of ONE MILLION SEVEN HUNDRED SEVEN THOUSAND ONE HUNDRED FORTY FOUR and 89/100
Dollars ($1.707.144.89). Payments will be made to the CONTRACTOR based on the Lump Sum Bid amount, the
Schedule of Values, and subject to completion of the work, in accordance with the Contract Documents.
6. PROGRESS PAYMENTS - OWNER shall make progress payments on account of the contract price to
CONTRACTOR, on the basis of application for payments submitted to the City or their authorized representative, by
CONTRACTOR as the work progresses, and in accordance with the Contract Documents.
Progress payments may be withheld if:
(A) Work is found defective and not remedied;
(B) Contractor does not make prompt and proper payments to subcontractors;
(C) Contractor does not make prompts and proper payments for labor, materials, or equipment furnished
him;
(D) Another Contractor is damaged by an act for which Contractor is responsible;
(E) Claims or liens are filed on the job; or
(F) In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily.
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7. FINAL PAYMENT - OWNER shall withhold up to 10% of the Contract Price throughout the project.
The Owner shall release 50%of the amount withheld upon issuance of the Substantial Completion Certificate.
The remaining 50% of the amount withheld shall be released with the Final Payment after the issuance of the
Final Completion Certificate. OWNER shall make final payment to CONTRACTOR within thirty (30) days after
the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the
condition that final payment shall not be due until CONTRACTOR has delivered to OWNER a complete
release of all liens arising out of the contract, or receipt releases of lien fully covering all labor, materials and
equipment for which a lien could be filed, or in the alternative a bond satisfactory to OWNER indemnifying him
against such claims.
By making payments OWNER does not waive claims including but not limited to those relating to:
(A) Faulty work appearing after substantial completion has been granted;
(B) Work that does not comply with the Contract Documents;
(C) Outstanding claims of liens; or
(D) Failure of Contractor to comply with any special guarantees required by the Contract Documents.
CONTRACTOR, by accepting final payment, waives all claims except those that he has previously made in
writing, and which remain unsettled at the time of acceptance of payment pursuant to this contract.
8. DESIGNATION OF PROJECT DIRECTOR OR ARCHITECT OR ENGINEER: DUTIES AND
AUTHORITY - The duties and authority of the City are as follows:
a. General Administration of Contract. The primary function of the City is to provide the general
administration of the contract. In performance of these duties George F. Edwards, Capital Projects
Coordinator, is the City's Project Director during the entire period of construction. The OWNER (City)
may change the Project Director during the term of this contract.
b. Inspections. Opinions. and Progress Reports. The OWNER shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the work site.
The OWNER will not be responsible for the means of construction, or for the sequences, methods,
and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance
with the Contract Documents.
c. Access to Work Site for Inspections. The OWNER shall be given free access to the works site at
all times during work preparation and progress. The Project Director is not obligated to make
exhaustive or continuous on site inspections to perform his duties of checking and reporting on work
progress, and any such inspections shall not waive Owner's claim regarding defective work by
Contractor.
d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial
interpreter of the contract document requirements, and make decisions on claims and disputes
between Contractor and Owner.
e. Reiection and Stoppage of Work. The OWNER shall have authority to reject work which in its
opinion does not conform to the Contract Documents, and in this connection may stop the work or
a portion thereof, when necessary.
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f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the
work progresses, based on CONTRACTOR's applications and OWNER's inspections and
observations, and will issue certificates for progress payments and final payments in accordance with
the terms of the Contract Documents.
9. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the
project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for
all construction under this contract, including the techniques, sequences, procedures and means, for
the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all
attention necessary for such proper supervision and direction.
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his
employees, and he agrees not to employ for work on the project any person unfit or without sufficient
skill to perform the job for which he was employed.
c. Furnishing of Labor. Materials. etc. CONTRACTOR shall provide and pay for all labor, materials
and equipment, including tools, construction equipment and machinery, utilities, including water,
transportation, and all other facilities and services necessary for the proper completion of work on the
project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all
licenses and permits necessary for proper completion of the work, paying the fees therefor.
CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR
to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after
acceptance by OWNER.
10. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in
accordance with Florida law. and to the satisfaction of OWNER, in an amaunt specified in the Contract
Documents.
11. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the
terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally
share the cost of the mediator. Sh<;luld the parties fail to resolve their differences through mediation, then any
cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida.
12. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the
applicable party at the address shown on the first page of this Contract.
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Signed, Sealed and Delivered
In the preseLb
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Owner:
~i of Wir~ter Springs
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By: on aid W, .McLerr.~re
City Manager. .
1126 East State Road 434.
Winter Spr'i'ng~,.FL. 32708'
407 -327 -1800' . .
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A TT ACHMENT NO. 3
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CITY OF WINTER SPRINGS
MINUTES
TUSCA WILLA LIGHTING AND BEAUTIFICATION
DISTRJCT ADVISORY COMMITTEE
REGULAR MEETING
AUGUST 15,2000
I. CALL TO ORDER
Chairman Donald A. Gilmore called the Regular Meeting to order at 7:05 p.m., Tuesday,
August IS, 2000, in the East Conference Room of the Municipal Building (City Hall,
1126 East State Road 434, Winter Springs, Florida 32708).
Roll Call
Chairman Donald A. Gilmore, present
Vice Chairman Gary Hillary, absent
Committee Member Lee Jensen, present
Committee Member Moti Khemlani, arrived at 7:24 p.m.
Committee Member Linda Tillis, absent
Also Present
Mr. George Edwards, P.E., LL.B., Capital Projects Coordinator
Approval of the July 18, 2000 Regular Meeting Minutes
This Agenda Item was tabled due to a lack of a quorum.
.:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE
DOCUMENTED IN THE ORDER DISCUSSED. .:. .:.
II. REGULAR AGENDA
C. Discussion of Easements And Agreements
Mr. George Edwards, P.E., LL.B., Capital Projects Coordinator informed the Committee
that the City Attorney reviewed the Easement Agreement and approved most of the
changes.
The Committee discussed the various changes; that by using the term "for the benefit of
the public" the improvements will not be taxed by the County; that "D" of the "Rights of
Grantee" clause was removed; that the "Attorney Fees" clause is necessary; and that the
document should state that Property Owners are not going to be)ax10r the improvements
on the easements. JaVe.d
4:
CITY OF WINTER SPRINGS
MINUTI.:S
TUSCAWILLA L1GIITING AND UEAUTIFICATION
IlISTIHCT ADVISORY COMMITrEE
REGUI.AR M I.:ETING - AUGUST 15.2000
PAGE20FJ
Chairman Donald Gilmore requested the City Clerk's Office send thc original and rcviscd
Easement Agrcement to the absent Committee Members to review in order for this issue
to be finalized next month.
A. Discussion Of The Cathcart Addendum
Mr. Edwards spoke of a formal recommendation being needed from the Committee.
Committee Member Moti Khemlani arrived at 7:24 p.m.
Chairman Gilmore summarized for Committee Member Khemlani the prior discussions;
welcomed Committee Member Lee Jensen; spoke of George Morris' contribution to the
Committee and that "he will be sorely missed"; and of the Committee's
accomplishments.
Discussion ensued regarding the spelling of Tuscawilla; the contract terms; whether the
contract fully satisfies all debts incurred by the contractor; and that in Section 4, "Board
Proceeding" should rcad "Bond Value Proceeding."
MOTION BY COMMITTEE MEMBER KHEMLANI. "I MOVE THAT WE
RECOMMEND THE ADDENDUM TO THIS AGREEMENT AS WRITTEN, AND
AMENDED". SECONDED BY COMMITTEE MEMBER JENSEN.
DISCUSSION.
THE MOTION WAS AGREED TO CONSENSUS.
B. Maintenance Specifications
This Agenda Item was tabled until next month.
D. Other Business
The Committee discussed Mr. Morris' resignation; and that the approval of the July 18,
2000 Minutes being tabled until the next meeting.
III. FUTURE AGENDA ITEMS
. Discussion Of The Easement Agreement
. Maintenance Specifications
. Discussion Of The Wall At Trotwood Boulevard
Chaim1an Gilmore informed the Committee that he had rcceived a phonc call from Father
Bluett regarding the wall along his property; and the Oak Forest wall.
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ADDENDUM
THIS ADDENDUM to. that certain Agreement, dated September 28, 1999,
between the CITY OF WINTER SPRINGS ("Owner") and CATHCART
CONTRACTING COMPANY ("Campany"), is entered into this -.5~ day af?~fX..I\ '
2001.
Whereas, Owner and Campany previausly entered into. that certain agreement,
dated September 28, 1999 ("Agreement"), by which Company agreed to. perf arm
canstructian services far the Tuscawilla Lighting and Beautificatian District Entryway
Enhancements ("Enhancements"): and
Whereas, Owner plans to. finance the censtructian af the Enhancements thraugh
the issuance af municipal bands and the implementatian of a special assessment far the
area within the Tuscawilla Lighting and Beautificatian District ("District"): and
Whereas, the issuance af the Bands and the implementatian af the Assessment
was challenged in the Circuit Caurt in and far Seminole Catinty by citizens living in the
District: and
Whereas, as the result of that challenge, theCampany's work under the.
Agreement was suspended by the Owner: and
Whereas, because of the challenge, the Owner is seeking to. validate the Bends
and Assessment pursuant to. Chapter 75, Flarida Statutes ("Band Validatian
Proceeding"); and
Whereas, the Band Valuatian Praceeding is currently. an appeal at the Florida
Supreme Caurt and the outcome is uncertain at the effective date afthis Addendum; and
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Whereas, under the terms and canditians cantained herein, Owner and Campany
desire to. indefinitely suspend the wark under the Cantract until such time as the Bond
Praceeding is campleted and the Owner determines whether ar nat to. issue the Bands.,
IN CONSIDERATION afthe-mutual- pramises and ather cansideratian set forth
herein, the receipt and sufficiency af which is hereby acknawledged by the parties to.
have been received, Owner and Campany agree as fallaws:
Section 1. Incorporation of Recitals: The faregaing recitals are hereby
acknawledged by the parties to. be true and carrect and are hereby fully incarparated
herein by this reference. .
GFE-Word-Beautification-Addendull1 # I, 1/19/0 I
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Section 2. Amendment to Agreement. Natwithstanding any ather previsian
cantained in the Agreement, including the Cantract Dacuments set farth in Sectian 2 af
the Agreement, Owner and Camp any agree that the work described in the Agreement is
indefinitely suspended until such time as a final dispasitien af the Band Pro~eeding has
been rendered by a caurt af campetent jurisdictian and the Owner determines, no. later
than sixty (60) days after said dispasitian, whether ar nat to. issue the Bonds. During the
first year and ane-half af such suspensian Campany agrees nat to. terminate the'
Agreement.
Section 3. Payment to Company. Within thirty (30) days afthe date the parties
fully execute this Agreement;Owner agrees to. pay Campany Nineteen Thausand Faur
Hundred Dollars ($19,400.00) far all af Campany's present aut-ef-packet expenditures
for banding, equipment mabilizatian, and ather reasanable expenses incurred as a result
af the initial suspensian af wark under the Agreement. This payment to. Campany
satisfies, in full, any and all present ar future claims arising aut of the initial suspensian
af wark.
Section 4. Adjustment to the Agreement. If Owner recammences wark under
the Agreement, Owner and Campany agree the Campany shall be paid a material and
labar escalatian fee of two. percent (2%) per annum, ar the increase in the Cansumer
Price Index, whichever is greater, far each manth, ar part thereaf, the praject is
suspended, beginning at the effective date afthe Suspensian afWark Order (Octaber 21,
1999) and ending with the date af issuance af the Secand Natice To. Proceed. In additian
to the abave payments, Owner agrees to. grant an apprapriate extensian af time to.
perfarin the wark under the Agreement, provided the extensian is attributable to. the time
delay caused by the Band Valuatian Proceeding.
Section 5. Other Terms. All ather terms and canditians afthe Agreement, and
the rights.afthe parties under the Agreement, shall be preserved and remain in full farce
and effect, except as madified herein.
Company
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