HomeMy WebLinkAbout2010-291 - 8 . d
INDIAN RIVER COUNTY
Change Order No . 3
PROJECT : SECTOR 3 BEACH AND DUNE RESTORATION
CONTRACTOR : RANGER CONSTRUC 'T'ION INDUSTRIES , INC .
4510 GLADES CUT-OFF ROAD
FT . PIERCE , FL 34921
Ranger Construction Industries , Inc . (Ranger) has submitted a. proposal (attached ) requesting a
prepayment of $ 7 . 50/cubic yard for stockpiled sand at the Ranch Road mine and $ 6 . 1. 6/cubic
yard for stockpiled sand at the Fischer mine . Under the current contract with Ranger, the total
price to process , haul , place and grade the sand is $ 15 . 66 per cubic yard . Below are Ranger ' s
calculations supporting prepayment prices :
a Ranch Road mine @ $ 6/ton x conversion ratio of 1 . 25 tons/cubic yard;
$ 6/ton x 1 . 25 = $ 7 . 50/cubic yard.
o Prepayment for this stockpiled sand represents approximately 48 % of the
total contracted price of $ 15 . 66
® Fischer mine @ $4 . 93 /ton x conversion ratio of 1 . 25 tons/cubic yard;
$4 . 93 /ton x 1 . 25 = $ 6 . 16/cubic yard .
o Prepayment for this stockpiled sand represents approximately 39 % of the
total contracted price of $ 15 . 66
Based on the September 14, 2010 survey, the estimated sand volume required to complete the
Project is 29 ,460 cubic yards for the Phase 1 fill area and 240 , 862 cubic yards for the Phase 2 fill
area .
Phase 1
Ranger ' s total requested prepayment to stockpile Phase 1 (Ranch Road mine) sand is $ 220, 950
(29 ,460 cubic yards x $ 7 . 50/cubic yard) .
Prepayment Not-To -Exceed Total Phase 1 = $ 220 , 950
Phase 2
Ranger ' s total requested prepayment to stockpile Phase 2 (Ranch Road mine) sand is $ 975 , 000
( 130, 000 cubic yards x $ 7 . 50/cubic yard) .
Ranger ' s total requested prepayment to stockpile Phase 2 (Fischer mine) sand is $ 431 , 200
(70 ,000 cubic yards x $ 6 . 1. 6/cubic yard) .
Prepayment Not-To -Exceed Total Phase 2 = $ 1 ,406 , 200
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Sector 3 Beach and Dune Restoration Project Page Two of Five
Change Order No . 3
In accordance with FDEP Permit No . 0285993 -OOIJC , all stockpiled sand must be tested
pursuant to the approved FDEP sediment QA/QC plan, and approved prior to placement on the
beach . Ranger shall provide the County with the testing results of all stockpiled sand in
accordance with the FDEP stamped and approved Sediment QA/QC Plan for all stockpiled sand
as well as topographic surveys including certification of stockpiled quantities - signed and sealed
by a licensed surveyor PSM — prior to prepayment under this Change Order.
Prepayment Terms :
Prepayment shall be due only after the sand has been stockpiled , tested, and approved by the
County and Engineer with respect to both quality and quantity .
Ranger may proceed with the work under this Change Order and correspondingly submit
Applications for prepayment on a bi - weekly basis to begin , on each Phase respectively, once the
FDEP issues a notice -to-proceed for each .Phase respectively .
The Engineer anticipates issuance of a notice-to-proceed for Phase 1 on November 3 , 2010 and a
notice-to-proceed for Phase 2 on November 24 , 2010 .
Prepayment under this Change Order for stockpiled sand shall be deducted from payment to
Ranger for "Sand Fill " as prescribed by the current contract .
Retainage will not be withheld at the time of prepayment under this Change Order for stockpiled
sand . However, retainage will be withheld from total payment for the work under the terms of
the current contract .
Ownership of Sand : Notwithstanding any other provision of the contract to the contrary,
Ranger, Ranch Road Lake, L . L . C . ("Ranch Road , " as owner and operator of the Ranch Road
Mine) and Henry Andrew Fischer and Fisher & Sons, L. L . C . (collectively "Fischer, " as owner
and operator of the Fischer mine) hereby additionally agree with the County that upon delivery
by the County to Ranger of a check in payment for stockpiled sand pursuant to this change order
( 1 ) all right, title and interest in and to the stockpiled sand, including legal and equitable title
thereto , shall automatically pass to the County, free and clear of any right, title and interest of
Ranger, Ranch Road , Fischer and any other party , regardless of whether Ranger in fact pays
Ranch Road and/or Fischer for the stockpiled sand, and (2) Ranger, Ranch Road and Fischer
hereby irrevocably (a) waive, release and disclaim any and all legal and equitable liens or claims
of lien (statutory, common law or otherwise) which they may have or claim to have in the
stockpiled sand , and ( b) acknowledge and agree that the stockpiled sand is part of a County
public works project under Chapter 255 , Florida Statute , and is not subject to lien rights which
they may have or claim to have in the stockpiled sand . If, during the period of time that the
County ' s sand is stockpiled , additional sand which is not related to this contract or change order
is also stockpiled at the mine , Ranch Road or Fischer shall take measures to ( a) isolate and
identify the County ' s stockpiled sand from the unrelated sand , which measures may include the
installation of temporary construction fencing around the County ' s stockpiled sand , and (b ) pro -
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Sector 3 Beach and Dune Restoration .Project Page Three of Five
Change Order No . 3
tett the stockpiled sand from theft , vandalism and other factors which may cause loss or removal
of the sand . Ranch Road and Fischer each hereby grant to the County a temporary license for
ingress and egress over the property of such party, and authority to remove any stockpiled sand
the title to which has transferred to the County pursuant to this change order.
This license and authority shall be irrevocable until such time as all such sand has been removed
from the property of such party. To the extent that the County enters the property of such party
to remove stockpiled sand pursuant to this license, the County shall comply with any applicable
regulations of the Mine Safety and Health Administration . To the extent allowed by law, the
County shall hold harmless and indemnify Ranch Road and Fisher from liability for injuries or
death to the County ' s employees or agents engaged in such removal actions , provided that such
injuries or death result from the negligence or intentional misconduct of the County, and
provided firrther that nothing in this paragraph shall be construed to waive the County ' s
sovereign immunity in excess of the waiver set forth in 768 . 28 , Florida Statutes , Ranch Road
and Fischer shall not be entitled to storage or license fees relating to stockpiled sand ; however, if
the stockpiled sand remains on the Ranch Road or Fischer property as of April 30, 2012 , then the
County shall thereafter either remove the stockpiled sand or start paying reasonable storage fees
commencing May 1 , 2012 . Ranch Road and Fischer have signed this change order below for the
sole purpose of agreeing to the terms of this "Ownership of Sand" provision .
CURRENT CONTRACT PRICE $ 10 , 319 ,23390
NET CHANGE IN CONTRACT PRICE
DUE TO THIS CHANGE ORDER - SO —
CONTRACT
0 —CONTRACT COMPLETION DATE 4/30/ 11
CONTRACT PRICE INCLUDING
THIS CHANGE ORDER $ 10 ,3 ] 9 ,233 .90
ENGINEER' S RECOMMENDATION
I have examined the above changes . They are necessary to satisfactorily complete the Contract.
The price changes are reasonable and I recommend that the changes be made .
Engineer:
Witness : COASTAL TECHNOLOGY CORPORATION
By :
Print kc 1C ; � �" I4 " "S&= Michae P . Walther, President
Date : < < g , 20 ! Q
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Sector 3 Beach and Dune Restoration Project Page Four of Five
Change Order No . 3
CONTRACTOR ' S APPROVAL
I agree that the above changes in said Contract, in accordance with Specifications for the price
changes shown are satisfactory.
Contractor :
Witness : RANGE ONSTRU USPES
/ 21 A � By :
Print Name : /:)7x1 ,4 zey'lAl Bob Sc afer, Vice Presid nt
Date : No �lr-►�Aoe.x- 2QJ
MINE ' S APPROVAL
Each mine owner and operator has signed below indicating their agreement with "Ownership of
Sand " provision above .
RANCH ROAD LAKE MINE
Witness : Ranch Roa Lake L . L.
r
By :
ame : i1�' 3v tephen T . mith Managing Member
Date :
, 20 /0
Witness :
By:
Print Name : Dougtas Hazel , Managing Member
Date : , 20
Witness : FISCHER MINE
1401
Print Name : /�4rxf v R ,✓ Henry ndrew Fisher
Dat . /t y 20 ®o
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Sector 3 Beach and Dune Restoration Project U ,
Change Order No, 3 Pa„c Four of Five
CONTRACTOR ' S APPROVAL ,
I agree that the above changes in said Contract , in accordance with Specifications for the
changes shown are satisfactory, price
Contractor:
Witness : RAMBobl
NDUS S
Print Nems : /�17x/c,� jGy , r nt
Date: o ,Vr wJ0,r-- 2�
MINE ' S APPROVAL.
Each mine owner and operator has signed below indicating their agreement with " Ownership of
Sand" provision above,
RANCH ROAD LAKE MINE
Witness : Ran*Roaq1L.,aJ(q _ L,By: . h Managing Member
Wi s : Date : Y 20 �o
Print Names I By:
Douglas Hazel anaging Member
Date: , 20 ess"
Witness : FISCHER MINE
Is
PrinrNamc : Henry drew Fisher
Date , /° 0 0
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Sector 3 Beach and Dune Restoration Project Page Five of Five
Change Order No . 3
Fischer & Sons , L . L. C .
Witness : By : Henry Fischer & Sons, Inc. , Managing Member
B .
Print Name : henry . Fischer, President
Date : /�— �i , 20 /y
BOARD OF COUNTY COMMISSIONERS ,
ATTEST : Jeffrey K . Barton, Clerk of Court INDIAN RIVER COUNTY, FLORIDA
BY ' By:
DeputyClerlc Roh Solari Chairman
.. . O°O • e • , ° es ° ese �
Approved : November 16 , 2010 AQ;
°
B e �.
y e '! °
JoseTh A. Baird, County Administrator '; a
Go
Approved as to form and legal sufficiency. °°°ti, o
4b
By :
Alan S . Polackwich , Sr. , ounty Attorney
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James Gray
From : Patrick Flynn [Patrick . Flynn@rangerconstruction .com]
Sent . Wednesday , October 06 , 2010 2 : 36 PM
To : James Gray
Cc : Bob Schafer; Fred Waugh
Attachments : RANCH ROAD INVOICE .JPG
James -
As requested , please see the attached invoice for remaining Phase I quantities from the Ranch Road Mine . The
Unit Price is for $6 .00/Ton . The conversion for remaining cubic yards to tons is 1 . 25 .
As discussed , Ranger Construction request the County pay stockpiled material for both Phase I and Phase II . If
authorized at the October 12th BCC Meeting Ranch Road and Fischer Mine will begin processing material which
will in turn be sampled and approved for placement on the beach . This will allow Ranger Construction to
complete Phase I in early December and re-open the beach for the holidays . We will continue processing sand
while the beach remains open minimizing impacts to the public during the high season .
Ranger then expects to remobilize in February and complete Phase II prior to May's turtle season .
Cost for stockpiled material : Ranch Road $6 . 00/Ton or $7 . 50/CY
Fischer Mine $4 . 93/Ton or $6 . 16/CY
Thank You
Patrick Flynn
Project Manager
4510 Glades Cut-off road
Ft. Pierce, FL 34979 -4569
Office : (772) 464-6460
Cell : ( 321 ) 2BB-2464
Fax : (772) 466 -9559
* * *LEGAL DISCLARv1ER* * * The information in this message is confidential and may be privileged .
It is intended solely for the addressee. Access to this message by anyone else is unauthorized . If the
reader of this is not the intended recipient, any dissemination, distribution , or copying of this
communication, or any action or omission taken by the reader in reliance on it is prohibited and may be
unlawful . Thank you
11 / 1 /2010
James Gray
From : Patrick Flynn [Patrick . Flynn@rangerconstruction . com]
Sent: Wednesday , October 20 , 2010 9 : 40 AM
To : James Gray ; Chris Mora
Cc : Bob Schafer
Subject : Sector 3 Stockpiled Material
Follow Up Flag : Follow up
Flag Status : Red
James ,
Pursuant to yesterday 's BCC Meeting , County Commissioners approved payment for stockpiled material for both
Phase I and Phase II on the above referenced project. Billing has been authorized on a bye weekly basis and will
begin , on each phase respectively , once the Notice to Proceed is issued by the governing agency .
Per the anticipated schedule the County expects to receive the Notice to Proceed for Phase I November 3 , 2010
and Phase I I November 24 , 2010 .
Please formalize a change order for execution so Ranger Construction can begin billing Phase I material once the
NTP for Phase I is issued .
Also , It is my understanding although the NTP for Phase I is expected November 3 , 2010 , construction will not be
authorized until December 1 , 2010 . Please clarify .
Thank You
Patrick Flynn
Project Manager
4514 Glades Cutoff road
Ft. Pierce, FL 34979 -4589
Office : (772 ) 464-6460
Cell : (321 ) 288 -2484
Fax : (772) 466 -9559
* * *LEGAL DISCLAIMER* * * The information in this message is confidential and may be privileged .
It is intended solely for the addressee . Access to this message by anyone else is unauthorized . If the
reader of this is not the intended recipient, any dissemination, distribution, or copying of this
communication, or any action or omission taken by the reader in reliance on it is prohibited and may be
unlawful . Thank you
11 / 1 /2010
J I a i I vi i
James Gray
From : Patrick Flynn [Patrick. Flynn@ rangerconstruction . com]
Sent : Thursday , October 21 , 2010 3 : 32 PM
To : James Gray
Subject: RE : Phase II volumes - CO # 3
Approximately 130 , 000 CY for Ranch Road and 70 , 000 CY for Fischer .
Thank You
Patdck/RCI
From : James Gray [ mailto :JGray@ircgov .com ]
Sent: Thursday, October 21, 2010 3 : 22 PM
To : Patrick Flynn
Subject : Phase II volumes - CO # 3
Patrick:
Given that Phase II needs approximately 270 , 000 cubic yards ( Ranch Road 200 , 000 CY & Fischer 86th -
70 , 000 CY) to complete ; can you please provide stockpile requirements for each mine . Effectively , what
needs to be stockpiled/pre-purchased prior to Feb 2011 construction ?
James
James D . Gray , Jr.
Coastal Engineer
Indian River County Public Works
1801 27th Street
Vero Beach , Florida 32960
772 - 226 - 1344 (Office)
772 - 778- 9391 (Fax)
jgray@ircgov.com
* * *LEGAL DISCLAIMER* * * The information in this message is confidential and may be privileged.
It is intended solely for the addressee. Access to this message by anyone else is unauthorized . If the
reader of this is not the intended recipient, any dissemination, distribution, or copying of this
communication, or any action or omission taken by the reader in reliance on it is prohibited and may be
unlawful . Thank you
11 /1 /2010