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Home My WebLink About2002 12 02 Regular Agenda Item A 120202 Regular A TLBD Settlement Agreement with Cathcart Tuscawilla Lighting and Beautification District Board Special Meeting ITEM A CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X December 2, 2002 Meeting MGR/~ , Authorization REQUEST: City Manager requesting the Tuscawilla Lighting and Beautification District Board to review and recommend a settlement agreement with Cathcart Contracting Company finalizing Cathcart's construction contract with the City in the amount of $1,977,257.75 and other terms and conditions discussed herein. PURPOSE: This agenda item is needed to facilitate an advisory recommendation from the Tuscawilla Lighting and Beautification District Board to the City Commission regarding the finalization of construction services with Cathcart Contracting Company for construction of Tuscawilla Lighting and Beautification improvements. CONSIDERATIONS: On August 9, 1999 the City of Winter Springs awarded a construction contract to Cathcart Contracting Company to construct and install Tuscawilla Lighting and Beautification improvements. On January 8, 2001 the City amended its contract with Cathcart due to litigation to extend the date of construction. On May 1,2002 a Notice to Proceed to construction was issued by the City. The City, including the City Manager, Commissioner McLeod, Public Works Director and the Architectural Consultant for the project have been negotiating the terms and conditions for finalizing the services of the contractor. 120202 Regular A TLBD Settlement Agreement with Cathcart The terms and conditions of the final settlement agreement include the following: a) Punch List Items: Clarifies punch list items to be completed by the contractor by December 23, 2002. b) Change Order #4: Clarifies the scope of construction services for entranceways for Dyson, Howell Creek and Deer Run to be limited to brick pavers and vertical construction, deleting signage, landscaping and irrigation from Cathcart's scope of services and designates these services to be performed under separate contracts with other contractors. The City agreed that a misunderstanding in the construction documents resulted in the contractor not including the cost of these items in his pricing for the alternate bid for these entranceways. c) Change Order #5: Adds Trotwood entranceway landscape and irrigation, Seneca entranceway signage and miscellaneous changes to the scope of services for the contractor. The City agreed that a misunderstanding in the construction documents resulted in the contractor not including the cost of these items in his pricing. d) Reduces final contractor's cost request from $2,061,321.64 to $1,977,257.64. FUNDING: The source of funding for this project was the Tuscawilla Lighting and Beautification District Capital Improvements Fund. The approved amendment #1 contractor cost was $1,788,368.09 plus a 10% contingency fee bringing the total authorized level of expenditures to $1,967,196.10. Unencumbered funds in the project after payment of the final agreed upon costs are estimated to be $85,000. The estimated cost to complete the remaining work for entranceway improvements at Dyson, Howell Creek and Deer Run is $30,000 resulting in an estimated final unencumbered balance in the Tuscawilla Lighting and Beautification District Capital Improvements Fund of $55,000. These funds can be utilized for other authorized capital improvements, or final defeasance of the Tuscawilla Lighting and Beautifications District's Special Assessment Revenue Bonds, 2001. RECOMMENDATIONS: City Staff is recommending that the Tuscawilla Lighting and Beautification District Board review and approve for City Commission consideration the final settlement agreement included in the attached letter of December 2, 2002 from Starmer Ranaldi Inc. in the final amount of $1,977,257.64 and related terms and conditions attached hereto. It is understood that this agreement is a result of a compromise for all 7 line items in the attached Starmer Ranaldi letter of December 2, 2002, and not for one specific line item. If any of the terms and conditions herein are not met, this entire agreement is null and void and of no further effect. ATTACHMENTS: Starmer Ranaldi Letter of December 2,2002. COMMISSION ACTION: Planning and Architecture Inc .11= ~ Ranaldi 2 Dec 02 John Cathcart, President Cathcart Contracting Company 1757 W. Broadway Street, Suite No.3 Oviedo, FL 32765 Re: Tuscawilla Entryway Enhancement Project Final Project Closeout Agreement John Based on several negotiating meetings over the last several days we are pleased to let this letter provide our written confirmation of the final closeout agreement for the above referenced project. 1. We will prepare a final change order no. 5 in the amount of $ 27,057.67 based on the 31 items in the change order back-up document, labeled "Closeout Financial Settlement" dated 2 Dec 02, attached herewith. 2. You will be released from any further construction responsibilities at the three minor entryways, namely Dyson Drive, Howell Creek Drive, and Deer Run, as identified in the change order back-up document items 4 through 8, attached herewith. 3. You will allow the City to contact your sub-contractors directly for any additional work. 4. The city agrees to release payment to you for approximately $ 26,000, representing payment in full to date less change order no. 5 and 5% retainage. The balance due you will be paid upon completion of all punch list items and closeout documentation. 5. You will complete all of the following punch list items by 11 Dec 02: a. complete all lighting at main entry way b. complete weep hole installation at main entryway bottom of waterfall walls c. complete railing and signage work at Seneca entryway d. complete installation of all rain sensors e. complete lighting at Trotwood and Citris / Shetland f. complete labeling of all electrical and irrigation panels g. final testing and aiming adjustment of all lighting at all entryways h. secure all final inspections and provide final project cleanup 1. complete planter / paver replacement at south pond main entryway (c.o. # 5) 890 Northern Way ph 407 977 1080 Suite E 1 fx 407977 1019 Winter Springs, Florida 32708 email info@sriarch.com AA-002984 6. provide all closeout documentation by 31 Dec 02 I) as built drawings per specifications 2) maintenance and warranty manuals per specifications 3) final lien releases from all suppliers and materialmen 4) final consent of surety 7. Bringing closure to this project shall not release you from the one year contractor's warranty period as identified in the specifications for all work completed by your firm. We trust you are in agreement with the terms and conditions of this closeout agreement and upon your acknowledgement and acceptance signature below we will promptly take this agreement to the City Commission for ID~-A -- President Acknowledged and Agreed To: John T. Cathcart, President Date It is understood that this agreement is a result of a compromise for all 7 line items and not for one specific line item. If any of the terms and conditions herein are not met, this entire agreement is null and void and of no furhter effect. CONTRACT CHANGE ORDER NO. 05 2-Dec-02 Contractor: Cathcart Contracting Company Tuscawilla Lighting and Beautification District Entryway Enhancements Project Title: Reason for change: Final closeout settlement for the project. Item No. and Descri tion 1 Completion of all punch list items as identified in the "Final Project Closeout Agreement" dated 2 Dec 02, as well as some additional paver work to be done at the Winter Springs Blvd main entryway south pond area. Change Order Value: Original Contract Base Bid: Alternate No.4 Alternate NO.5 Addendum NO.1 contract negotiated delay agreement Total Value Previous Change Orders: New Contract Price: Original Contract Duration Original Contract Completion Date Approved Time Extentions Current Contract Duration Proposed Time Extention New Contract Duration New Contract Completion Date Accepted by Contractor: Capital Projects Coordinator: Public Works & Utility Director City Manager: Date Date Date Date $27,057.29 $ 27,057.29 $ 1,681,444.89 $ 8,700.00 $ 17,000.00 $ 54,059.58 $ 1,788,261.76 $ 188,995.88 $1,977,257.64 Tuscawilla Lighting And Beautification District 2-Dec-02 City of Winter Springs Closeout Financial Settlement Cathcart sri Proposed Item Descriotion Opinion Opinion Compromise 1 provide (9) oaks to replace (2) dead oaks $ - $ (2,800.00 $ - 2 credit for reduction in plant matrial at islands $ (13,547.50\ $ (13,547.50 $ (13,547.50 3 reolace (5) of (10) ligustrum not survivina transolant $ - $ - $ - 4 3 minor entrvway landscaping $ 6,520.00 $ - $ - 5 3 minor entrvway irrioation $ 8,230.00 $ - $ - 6 3 minor entrvway entrv sionaoe $ 14,690.00 $ - $ - 7 3 minor entrvway lighting $ 10,074.00 $ - $ - 8 3 minor entrvway utility sleeves under roadwav $ 3,450.00 $ - $ - 9 remove dead pine trees $ 5,500.00 $ - $ - 10 replace south pond trianoular planters with pavers $ 1,524.00 $ 1,524.00 $ 1,524.00 11 Seneca entryway signage $ 5,276.20 $ - $ 5,276.20 12 main entrvwav irrigation extention into sod areas $ 1,727.76 $ - $ 1,727.76 13 reoair main entry south pond sloped bricks $ 600.00 $ - $ 600.00 14 Trotwood landscaping and irrigation $ 7,124.00 $ - $ 7,124.00 15 move sion at Shetland entrvway $ 522.96 $ 522.96 $ 522.96 16 remove oak at main entrvway (n/a duplicate of item 17) $ - $ - $ - 17 remove (2) oak trees $ 4,200.00 $ - $ - 18a electrical reoairs from storm $ 1,920.00 $ - $ 1,920.00 18b anticipated addititional electrical repairs from storm $ 7,000.00 $ - $ - 19 mobilization extra $ 19,400.00 $ - $ - 20 permittina fees $ 5,000.00 $ - $ - 21 survev reference points not provided by owner $ 2,160.00 $ 2,160.00 $ 2,160.00 22 pump cost for concrete at main entrvway $ 2,415.00 $ - $ 2,415.00 23 repair damaoed walk at main entrvway $ 1,291.00 $ - $ 1,291.00 24 Saturdav manual watering due to reuse shortaae $ 1,100.00 $ 1,100.00 $ 1,100.00 25 reoroduce-7S) sets of drawings $ 787.87 $ 787.87 $ 787.87 26 lower electrical iunction boxes main entrvway $ 5,400.00 $ - $ 5,400.00 27 bond premium on chanoe order work $ 5,200.00 $ - $ 5,200.00 28 interest on late payments tbd $ - $ - 29 extended home office overhead tbd $ - $ - 30 testina fees $ 3,556.00 $ - $ 3,556.00 31 liquidated damages 250/day(85 days) $ - $ (21,250.00) $ - Total $ 111,121.29 $ (31,502.67) $ 27,057.29 General Comments: This breakdown is provided for a general description of how the $ 27,057.29 compromise was arrived at, and does not necessarily reflect the contractor's opinion of actual cost for each line item.