HomeMy WebLinkAbout2002 12 09 Regular O TLBD Cathcart Agreement
120902 Regular 0 TLBD Cathcart Agreement
COMMISSION AGENDA
ITEM 0
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
December 9,2002
Meeting
MGR (J- IDEPT
Authorization
REQUEST: City Manager requesting the City Commission to review and approve 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 as recommended by the Tuscawilla Lighting and Beautification
District Board.
PURPOSE: This agenda item is needed to finalize the City's construction services contract
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.
On December 2, 2002 the Tuscawilla Lighting and Beautification District Board recommended
approval of the agreement as provided in SRI's letter of December 2,2002.
120902 Regular 0 TLBD Cathcart Agreement
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 City Commission approve 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 stipulated therein as recommended by
the Tuscawilla Lighting and Beautification District Board.
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:
1. Starmer Ranaldi Letter of December 2, 2002.
2. TLBD Agenda Item of December 2, 2002
3. TLBD Project Budget
COMMISSION ACTION:
Planning and Architecture Inc
.15=
~ 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 fulI 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 Senecaentryway
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 alI entryways
h. secure all final inspections and provide final project cleanup
I. 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 3 I 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~~
--
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
Project Title:
Tuscawilla Lighting and Beautification District Entryway Enhancements
Contractor:
Cathcart Contracting Company
Reason for change:
Final closeout settlement for the project.
$27,057.29
Change Order Value:
Original Contract Base Bid:
Alternate No.4
Alternate No, 5
Addendum No.1 contract negotiated delay agreement
$ 27,057.29
$ 1,681,444.89
$ 8,700,00
$ 17,000,00
$ 54,059,58
$ 1,788,261.76
Total Value Previous Change Orders:
New Contract Price:
$ 188,995.88
$1,977,257.64
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:
Date
Capital Projects Coordinator:
Date
Public Works & Utility Director
Date
City Manager:
Date
Tuscawilla Lighting And Beautification District
2-Dec-02 City of Winter Springs
Closeout Financial Settlement
Cathcart sri Proposed
Item Description 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 replace (5) of (10) ligustrum not surviving transplant $ - $ - $ -
4 3 minor entryway landscaping $ 6,520.00 $ - $ -
5 3 minor entrvway irrigation $ 8,230.00 $ - $ -
6 3 minor entryway entry sionaoe $ 14,690.00 $ - $ -
7 3 minor entryway lightino $ 10,074.00 $ - $ -
8 3 minor entryway utility sleeves under roadway $ 3,450.00 $ - $ -
9 remove dead pine trees $ 5,500.00 $ - $ -
10 replace south pond triangular planters with pavers $ 1,524.00 $ 1,524.00 $ 1,524.00
11 Seneca entryway signage $ 5,276.20 $ - $ 5,276.20
12 main entryway irrigation extention into sod areas $ 1.727.76 $ - $ 1.727.76
13 repair main entry south pond sloped bricks $ 600.00 $ - $ 600,00
14 Trotwood landscaping and irrigation $ 7,124,00 $ - $ 7,124.00
15 move sign at Shetland entryway $ 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 repairs 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 Ipermittino fees $ 5,000.00 $ - $ -
21 survey 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 damaged walk at main entrvway $ 1,291.00 $ - $ 1,291.00
24 Saturday manual watering due to reuse shortage $ 1,100.00 $ 1,100.00 $ 1,100.00
25 reproduce (5) sets of drawings $ 787.87 $ 787.87 $ 787.87
26 lower electrical junction boxes main entryway $ 5,400.00 $ - $ 5,400.00
27 bond premium on change 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.
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
IDEPT
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 $2,061,321.6~ 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.
RECOMMENDA TIONS:
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:
TlBD PROJECT BUDGET
rOJectlons
12/2/02
REVENUES
Prepayments and Assessments
Original Issue Discount
Accrued Interest
One Cent Sales Tax (Tuskawilla Inlets)
Interest Income
Bond Proceeds
$316,000.00
($24,078.05)
$2.483.42
$11,963.39
$22,000.00
$2,265,000.00
TOTAL REVENUES $2,593,368.76
EXPENSES
Pre-Construction Cost
Accrued Interest to Interest Account
Underwriters Discount
Cost of Issuance
Legal Services
Design Services
Planning and Administrative Services
$2,483.42
$25,842.95
$76,897.96
$152,000.00
$184,000.00
$16,000.00
$457,224.33
Available for Construction I $2,136,144.43 I
Construction Costs
Cathcart Construction Company Contract
Base' Bid
Alternative #4 - Vistawilla Drive Wall
Alternative #5 - Trotwood Boulevard Wall
Standstill Agreement Cost
Change Order #1
Change Order #2
Change Order #3
Change Order #4 - Alternate Entryways plus CPI
Change Order #5
$1,977,257.64
$1,681.444.89
$8,700.00
$17,000.00
$54,059.58
$53,020.42
$51,275.64
$37,558.99
$47,140.83
$27,057.29
Construction Administration
SRI
Graham Landscape Consultants
$43,900.00
$31,500.00
$12.400.00
Easement Acquisitions/Other WorK
Surveying/Recordation Fees
Trotwood Wall Reimbursement - Church
Tuscawilla HOA Predesign Reimbursement
Vistawilla Brick Wall
Marcite Fountains
$29,510.00
$9,100.00
$14,110.00
$1,000.00
$2,800.00
$2,500.00
121212002
PROJECTED CONSTRUCTION EXPENSES/ $2,050,667.64 I
PROJECTED REMAINING CAPITAL FUNDSI $85,476.79 I