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Home My WebLink About2011-147 a �/ds� il INDIAN RIVER COUNTY (County) g L Change Order No . 5 N7 PROJECT : SECTOR 3 BEACH AND DUNE RESTORATION CONTRACTOR : RANGER CONSTRUCTION INDUSTRIES , INC . (Ranger) 4510 GLADES CUT- OFF ROAD FT . PIERCE , FL 34921 The purpose of Change Order No . 5 is to : • Extend the construction contract between the County and Ranger from May 1 , 2011 to May 1 , 2012 , and • Eliminate any additional mobilization , demobilization or fuel adjustment charges by Ranger or its subcontractors for the duration of the project, and • Provide prepayment for stockpiled Phase 2 sand including the Fuel Price Adjustment as approved by the County on 04/05 /2011 , and • Provide for payment to the Contractor for sand testing at the mine in the event the County does not receive a notice -to - proceed . It is understood that all sand fill to be provided under this Change Order is to be obtained by the Contractor from the Ranch Road Mine . Contract Time The existing contract with Ranger expired on May 1 , 2011 . Change Order No . 5 effectuates an extension of time to the construction contract between the County and Ranger to May 1 , 2012 Mobilization/demobilization Contract Price By execution of Change Order No . 5 , Ranger agrees that no additional costs will be incurred by the County for mobilization/demobilization of dredges and equipment needed to complete the work in the remaining sections of Phase 2 . Pre Payment for Stockpiled Phase 2 Sand Change Order No . 3 provisions are amended as follows : Based on the January , 11 Sept�eff 141 2010 survey , the estimated sand volume required to complete the Project is 29 , 460 eubTe yafds for- th Phase 1 fill area and 240 , 862- 108 , 000 cubic yards for the Phase 2 fill area. 12Musci Sector 3 Beach and Dune Restoration Project Page 2 of 5 Change Order No . 5 PrPparfneni Not T--o-Exeged—Total Phase 1 — $ 220 . 95-0 Phase 2 Ranger ' s total requested prepayment to stockpile Phase 2 (Ranch Road mine) sand is X000 $ 811000 ( 1-30,080- 108 , 000-cubic yards x $ 7 . 50/cubic yard ) . Ranger- ' s total fequested prepayFaent to stockpile Phase 2 (Fiseher- mine) sand is $ 431 . 2 Prepayment Not- To - Exceed Total Phase 2 = $-1-486-2190 $ 81 0 , 000 Ownership of Sand : Notwithstanding any other provision of the contract to the contrary, Ranger,-and Ranch Road Lake , L . L . C . ("Ranch Road , " as owner and operator of the Ranch Road Mine) eeiively „ as owiief and aper- tee of the Fis ^ "�r- 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, Fi-sehe and any other party , regardless of whether Ranger in fact pays Ranch Road arae^ r Fiseh for the stockpiled sand , and (2 ) Ranger,—and Ranch Road and F seher- 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 Roador- Fisehe 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 - tect the stockpiled sand from theft, vandalism and other factors which may cause loss or removal of the sand . Ranch Road and Fisehef hereby grants 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 �"'LLIICI shefrom 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 further 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 Finer shall not be entitled to storage or license fees relating to stockpiled sand ; however , if the stockpiled sand remains on the Ranch Road or- Fiseher property as of April 30 , 20123 , then the County shall thereafter either remove the stockpiled sand or start paying reasonable storage Sector 3 Beach and Dune Restoration Project Pa(ye 3 of 5 b Change Order No . 5 fees commencing May 1 , 20123 . Ranch Road and File er has signed this change order below for the sole purpose of agreeing to the terms of this " Ownership of Sand" provision . Ranger may proceed with the work under tlii-s Change Order No . 5 and correspondingly submit Applications for prepayment on a bi -weekly basis to begin , on eae� 0 on execution of Change Order No . 5 . Fuel Price Adiustment Applied to Stockpiled Phase 2 Sand Change Order No . 4 provisions are amended as follows : A fuel price adjustment for "Dredging and Processing" ( at 55 . 71 %) will be applied — and be applicable to quantities for Pre Payment - following County acceptance of stockpiled sand at the Ranch Road Mine . All other fuel adjustments (for "Trucking" at 25 . 82 % and " Construction" at 18 . 47 %) will be applied following verification of sand (cubic yards) surveyed on the beach via the pay profiles prescribed by the Contract Documents . Fuel Price Adiustment To determine the applicable fuel price adjustment ( increase or decrease as a price per cubic yard) to be applied under this change order, the total fuel consumption rate of 1 . 034 gallons per cubic yard is to be multiplied by the difference in fuel price between the March 2010 baseline rate of $ 3 . 00 per gallon and the current weekly fuel index (published each Monday by EIA) for the corresponding week that : • stockpiled sand is accepted by the County - for " Dredging and Processing" , and • sand is placed on the beach for "Trucking" and "Construction"— be per the date of the post- fill survey , where the applicable weekly quantities of sand are to be determined from the pay profiles . Sediment Sample Testing Section 5 . 3 of the Technical Specifications and the Sediment QA/QC Plan require that the Contractor test sand at the mine prior to transporting of sand to the beach . In the event that the Florida Department of Environmental Project (FDEP) does not issue a Notice-to - Proceed to complete the Work in the remaining sections of the Phase 2 Project : 1 . For each 3 , 000 cubic yard sand stockpile accepted by the County , sediment sample testing at the mine shall be qualified for payment at the rate of $ 500 per 3 , 000 cubic yards . Based upon the remaining total Sand Fill Contract quantity of 108 , 000 cubic yards, such payment shall not exceed $ 18 , 000 [ ( 108 , OOOcy/ 3 , OOOcy) * $ 500 — $ 18 , 000] . 2 . The Contractor shall receive no payment for "Additional Samples " under Change Order No . 1 . Sector 3 Beach and Dune Restoration Project Page 4 of 5 Change Order No . 5 CURRENT CONTRACT PRICE $ 10 , 5823921 . 67 NET CHANGE IN CONTRACT PRICE DUE TO THIS CHANGE ORDER - $ 0 CONTRACT COMPLETION DATE 5/ 1 / 12 MAXIMUM CONTRACT PRICE INCLUDING THIS CHANGE ORDER $ 10,582 .921 .67 ENGINEER ' S RECOMMENDATION I have examined the above changes . The changes are reasonable and I recommend that the changes be made . Engineer : Witness : COASTAL TECHNOLOGY CORPORATION By . ~ Y iyV�3 Print Name : 6� k & rle s I � � �► � l MicP . Walther, President Date : a44'y 2 , 20 It 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 : RANGER CONSTRUCTION INDUSTRIES / I ev / L L JPriname : Bob Schafer, Vice President Date : 0(/2 9 , 20 �l Sector 3 Beach and Dune Restoration Project Page 5 of 5 Change Order No . 5 MINE ' S APPROVAL The mine owner and operator has signed below indicating their agreement with " Ownership of Sand " provision above . RANCH ROAD LAKE MINE Ranch Roa Lake , L . L . C . By : V 7j� phen . Smi , Managing Member WITNESS Date By : Dau elMeng Member WITNESS Date � / BOARD OF COUNTY COMMISSIONERS , ATTEST : Jeffrey K . Barton, Clerk of Court INDIAN RIVER COUNTY , FLORIDA B • �, �` ' Gal-x� B YY � Deputy Clerk Bob Solari , ° Approved : July 5 , 2011 a° v : •.'��r°o ° . Na • o a Lao e , a By : °O'. s J s ph A . Aaird , County Administrator °•auonoa0000 Approved as to form and legal sufficiency . By : Alan S . Polackwich , Sr . , County Attorney - -