HomeMy WebLinkAboutItem #04 a.b. Approval of Resolution and LAP Agreement to Fund Reconstruction of Clarke Road between Silver Star and Clarcona-Ocoee Road
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AGENDA ITEM COVER SHEET
Meeting Date: July 7,2009
Item # ~~.
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Contact Name:
Contact Number:
AI Butler
407 -905-3100, ext. 1543
Reviewed By:
Department Director:
City Manager:
Subject: Approval of Local Agency Program Agreement between the City of Ocoee and the Florida
Department of Transportation to fund the reconstruction of Clarke Road between Silver Star Road (SR
438) and Clarcona-Ocoee Road (CR 439).
Background Summary:
The City of Ocoee has been selected as a recipient of $1,675,000 in federal funds for the reconstruction
of Clarke Road north of Silver Star Road as part of the American Recovery and Reinvestment Act of
2009. In order to receive these funds, the City of Ocoee must provide financial support for other aspects
of the project, such as engineering design and construction inspection, and comply with a number of
project development and administration requirements.
One of these requirements is to execute a Local Agency Program (LAP) Agreement, which establishes
the relationship between the City and the Florida Department of Transportation (FOOT), the agency
administering the relevant federal-aid program. This Agreement essentially extends to the City of Ocoee
those responsibilities imposed on FOOT by the federal-aid program.
Once the Agreement is in place, various City staff positions have assigned responsibilities for
implementing its provisions, such as project administration, review of project design documents, the
conduct of administrative hearings, and enforcement of equal employment opportunity requirements.
City staff has separately made application to FOOT for certification as a LAP administration agency in
order to comply with these terms of the LAP Agreement.
Issue:
The Engineering Division has proposed that the City Commission authorize the Mayor to execute the
Local Agency Program Agreement and authorize City staff to undertake its responsibilities under the LAP
Agreement and related program requirements. FOOT requires that such authority be granted through a
resolution adopted by the City's legislative body.
Recommendations
The Engineering Division recommends that the City Commission approve the related resolution
authorizing the Mayor to execute the LAP Agreement and authorizing staff to carry out its responsibilities
under that agreement and related program components.
Attachments:
. Proposed resolution; and
. Proposed Local Agency Program Agreement.
1
Financial Impact:
The federal-aid program requires the City of Ocoee to fund any project components that are beyond
actual construction. Such project components include engineering design, development of bid
documents, evaluation of bids, program administration, financial reporting, and construction inspection.
These project components would be funded by the existing FY 2009 budget allocation of $423,500 for
this project. Any such project component the cost of which exceeds $25,000 and the construction bid
award will be brought before the City Commission for review and approval. At the present time, staff
anticipates the total cost of these project components to be less than $75,000.
Should the cost of construction be less than the allocated federal-aid funds of $1,675,000, the excess
funds would revert to the State of Florida for allocation to other projects statewide. If, on the other hand,
the cost of construction exceeds the level of federal-aid funding, the City of Ocoee would be expected to
provide the additional funds required. Based on current bid prices for similar work, City staff does not
expect the cost of construction to exceed the available federal-aid funds; however, the possibility exists
for price increases to occur directly due to the amount of roadway construction being initiated under the
American Recovery and Reinvestment Act of 2009. Staff will reduce the risk of such price increases by
the timing of the bidding period.
Type of Item: (please mark with an 'x'J
Public Hearing
_ Ordinance First Reading
Ordinance Second Reading
Resolution
_ Commission Approval
Discussion & Direction
For Clerk's Deot Use:
_ Consent Agenda
_ Public Hearing
_ Regular Agenda
~ Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
J
~~I!td-
N/A
N/A
N/A
2
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
RELATING TO RECONSTRUCTION OF CLARKE ROAD
FROM SILVER STAR ROAD (SR 438) TO CLARCONA-
OCOEE ROAD (CR 439); AUTHORIZATION FOR THE
MAYOR TO ENTER INTO A LOCAL AGENCY PROGRAM
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation and the City of Ocoee
desire to facilitate the reconstruction of Clarke Road north of Silver Star Road (SR 438); and
WHEREAS, the State of Florida Department of Transportation has requested the City of
Ocoee to execute and deliver to the State of Florida Department of Transportation the Local
Agency Program Agreement for the aforementioned project, which is also known as FPN
ARRA-266-B.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA:
SECTION 1. Authorization. The Mayor of the City of Ocoee is hereby authorized to
make, execute, and deliver to the State of Florida Department of Transportation, the Local
Agency Program Agreement for the aforementioned project, FPN ARRA-266-B, and to further
execute any ancillary documents required in connection with administration of the project.
SECTION 2. Conflicts. All resolutions, parts of resolution, or acts of the City
Commission of the City ofOcoee in conflict herewith are hereby repealed and rescinded.
SECTION 3. Severabilitv. If any section, subsection, sentence, clause, phrase, or
portion of this Resolution is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 3. Conflicts. All resolutions, parts of resolution, or acts of the City
Commission of the City of Ocoee in conflict herewith are hereby repealed and rescinded.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Resolution is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 5. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this
day of
,2009.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
,2009.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2009
UNDER AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
2
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center of Good LI
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AGENDA ITEM COVER SHEET
Meeting Date: July 7, 2009
Item # 4 b r
Contact Name:
Contact Number:
AI Butler
407 -905-3100, ext. 1543
Reviewed By:
Department Director:
City Manager:
~~
Subject: Approval of contract to award the work of designing the reconstruction of Clarke Road between
Silver Star Road (SR 438) and Clarcona-Ocoee Road (CR 439) to the engineering firm of Dyer, Riddle,
Mills, & Precourt, Inc. (DRMP) for a not-to-exceed fee of $30,175.00.
Background Summary:
The City of Ocoee has been selected as a recipient of $1,675,000 in federal funds for the reconstruction
of Clarke Road north of Silver Star Road as part of the American Recovery and Reinvestment Act of
2009. In order to receive these funds, the City of Ocoee must provide financial support for other aspects
of the project, such as engineering design and construction inspection, and comply with a number of
project development and administration requirements.
The City of Ocoee presently has three firms under contract for continuing engineering services. Of these
firms, staff has concluded that Dyer, Riddle, Mills & Precourt, Inc. (DRMP) is best qualified to undertake
the work of developing construction plans and specifications for the work due to their prior experience
with Florida DOT construction requirements, which apply to this project. The Florida DOT must approve
all plans and bid documents for the project before federal-aid funds are committed to the project.
Issue:
It is the City's responsibility to provide plans and specifications acceptable to the Florida DOT for projects
funded by highway federal-aid allocations related to the American Recovery and Reinvestment Act of
2009. The Engineering Division has proposed that the City Commission authorize City staff to accept the
price proposal offered by DRMP and issue a task work order and purchase order to that engineering firm
to develop the design plans and specifications for reconstructing Clarke Road from Silver Star Rd. (SR
438) to Clarcona-Ocoee Rd. (CR 438). DRMP will work cooperatively with City staff and the Florida DOT
to create acceptable bid documents.
Recommendations
The Engineering Division recommends that the City Commission authorize staff to carry out its
responsibilities under the Local Assistance Program Agreement and issue a task work order and
purchase order to the engineering firm of DRMP in an amount not to exceed $30,125.00 for developing
the design, specifications, and bid documents required by the Local Agency Program for reconstructing
Clarke Rd. north of Silver Star Rd. (SR 438). The cost of the work is less than 5% of the estimated
construction cost.
1
Attachments:
. Price proposal from DRMP dated June 29, 2009.
Financial Impact:
The cost of design services will be funded by an existing City budget allocation for the resurfacing of
Clarke Road. The federal-aid program requires the City of Ocoee to fund any project components that
are beyond actual construction. Such project components include engineering design, development of
bid documents, evaluation of bids, program administration, financial reporting, and construction
inspection. These project components would be funded by the existing FY 2009 budget allocation of
$423,500 for completing a portion of the Clarke Road resurfacing project.
Type of Item: (please marl< with an ")(')
Public Hearing
_ Ordinance First Reading
_ Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerl<'s Deot Use:
_ Consent Agenda
_ Public Hearing
_ Regular Agenda
~ Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
~Jf~;J
N/A
N/A
N/A
2
" Subject: Proposal for Clarke Road Resurfacing Improvements
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,,-. :-.1'.: Dear Mr. Wheeler:
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:.~:.. Dyer, Riddle, Mills & Precourt, Inc. (DRMP) is pleased to provide the City of Ocoee (the City) with
.. ," a proposal to perform engineering services for improvements on Clarke Road. Per your meeting
!''(' .,...; with Gene Williford on June 18, 2009, we understand the improvements to consist of resurfacing
Clarke Road, from Silver Star Road to Clarcona Ocoee Road, a distance of approximately 2.5 miles.
We understand the City is receiving funding for the improvements through the American Recovery
"y' "''"' ~. and Reinvestment Act of 2009 and that this work will be performed in one phase of construction.
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<, .,,- ;.,",., DRMP's Scope of Service will be to provide engineering design services to produce Construction
. Documents showing these improvements. Other included services will also encompass probable
,5~ construction cost estimating and bidding and award assistance.
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~ ,).:,~. The attached pages outline our understanding of the project and our proposed Scope of Services and
Fees.
" SCOPE OF SERVICES
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1:; ..: . ';.:i : ~.; We have developed the following task-oriented scope of services based on our understanding of the
project. DRMP's scope of services will include the following tasks:
Dyer, Riddle, Mills
& Precourt, Inc.
Principal. .,
Wayne D. Chalifoux
Donaldson K. Blltton, Jr.
Lucius J. Cushman. Jr,
Jon S. MeadoWs
Lawrence L Smith, Jr.
. . WUI\am T. Stone
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Orland!,. FIorlda 3211.4
Phone: '407.896.0594
. ';. Fax: 407.881.4836
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Boca Raton. Flalda'
Cha11olte. Nonh Carol.iIIa. :. ".
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,.,. Columbia.. South Carolina
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Ft. My""'; Aorida ,1.;.
Ga;nesville; Aonda ,,'
Jadcsonville. A~ : .
. . Lakeland, AOIida
Norcross:O~a
. Panama Cily Beach. F\orida
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Tallahassee, FlOrIda
Tampa, AOrilla
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June 29, 2009
DRMP #09-0457.0MK
David Wheeler, P.E.
City Engineer
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
TASK I - CONSTRUCTION DOCUMENTS
The scope of this task is to prepare Construction Documents of the proposed improvements. The
Construction Documents will include the following:
. Site Engineering Plans
o Cover Page - showing project contact information, vicinity map and index of
drawings
o General Notes
o Site Plan - Showing the limits of resurfacing over an aerial image provided by the
City and showing the area of special treatment for differential settlement around
catch basins and/or manholes, as identified by the City.
o Civil Construction Details - Will consist of details per FDOT I Green Book
standards. Details at a minimum will include cross sections showing milling and
asphalt overlay depths and proposed remediation measures for special treatment
areas
· Specifications - a set of project technical specifications for the work proposed based on
FDOT standards. It is understood that the front-end contract documents will be prepared by
the City.
OO~.RMI!
Mr. Dave Wheeler
Clark Road Resurfacing
June 29. 2009
Page 2 of 4
The Construction Documents will be submitted to the City at 100% completion for staff review. It is
understood the City will forward these documents to FOOT for review in accordance with the LAP
requirements.
DRMP assumes up to 138 hours for this task.
Lump Sum Fee for Task 1-$14,360.00
T ASK II - OPINION OF PROBABLE COST
DRMP will provide one construction probable cost estimate based on latest cost units published by
Florida Department of Transportation with the 100% Construction Documents submittal.
DRMP assumes up to 8 hours for this task.
Lump Sum Fee for Task II - $770.00
T ASK III - BID AND AWARD PHASE SERVICES
DRMP will assist the City in the evaluation of the bids and the awarding of the contract. This task
specifically includes the following:
. Providing the City one set of reproducible construction documents for reproduction
. Attending one pre-bid conference to answer contractor's questions
. Reviewing and responding to up to three (3) RFI
The City is responsible for the bid advertisement, plan distribution, bidders list, formal bid addenda.
bid tabulation and selection.
DRMP assumes up to 30 hours for this task.
Lump Sum Fee for Task III - $3,255.00
TASK IV - MEETINGS, PROJECT MANAGEMENT, COORDINATION and QA/QC
The scope of this task is to meet and coordinate with the City and the City's representatives and
consultants (Project Manager, Surveyor, Geotechnical Engineer, etc.) on a time and materials basis,
according to our stated hourly rates, attached. DRMP anticipates two (2) design / review meetings at
the City in conjunction with the scope as outlined above and one (1) site visit to walk the limits of
work with the City and Geotechnical Engineer to identify areas requiring special treatment.
In order to ensure consistency amongst the plan elements, meet project schedule deadlines, provide
QNQC and ensure effective communication with the City and this project's team members, DRMP
is budgeting time for overall project management and quality assurance reviews.
DRMP assumes up to 48 hours for this task.
Lump Sum Fee for Task IV - $6,040.00
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Proposal2009.06.29.doc
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Mr. Dave Wheeler
Clark Road Resurfacing
June 29, 2009
Page 3 of 4
TASK V - FDOT LAP CONTINGENCY
The scope of this task is to provide assistance, as needed, to the City with completion of the
paperwork associated with the American Recovery and Reinvestment Act of 2009 and Local Agency
Program (LAP). Assistance may include consultation, meetings and providing information to
complete the forms, it is understood that the City will be responsible for submitting and coordinating
directly with FOOT.
DRMP assumes up to 40 hours for this task.
Lump Sum Fee for Task V - $5,250.00
TERMS AND CONDITIONS
ADDITIONAL SERVICES (Not part of this contract)
If the City desires to change or expand upon these services, an additional fee shall be negotiated.
This renegotiation shall be accomplished prior to further work on the project. Renegotiation may be
required for any of the following reasons.
· Revisions to the Construction Documents after its initial approval by the City due to changes
requested by the City or others
· Boundary, topographic or as-built surveys, legal documents or exhibits
· Drainage or Utility design
· Permitting of any kind
· Wetland review, design, mitigation or permitting related environmental services
· Flood plain, review, design or permitting related engineering services
· Geotechnical or hazardous materials investigating and reporting
· Construction inspection or administration service
. Off-site engineering design or mitigation
· Maintenance of traffic design or review
· Additional meetings beyond those specifically addressed
· Items not included in the above scope of services
· Copies of completed plans, travel mileage, any other subcontracts shall be considered a
direct reimbursable
SCHEDULE
DRMP will commence work on this project upon receipt of authorization to proceed. 100%
Construction Documents will be provided within one (1) month of commencement. A detailed
schedule of activities will be provided upon receipt of authorization to proceed.
COMPENSATION SUMMARY AND TERMS
The following summarizes the fees and billing terms as proposed by DRMP for the Scope of
Services as presented herein:
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ProposaI2009.06.29.doc
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Mr. Dave Wheeler
Clark Road Resurfacing
June 29, 2009
Page 4 of 4
.~. Part Scone Item Terms Fee
'i' I Construction Documents Lump Sum $ 14,360.00
II Opinion of Probable Cost Lump Sum $ 770.00
;~ III Bid and A ward Phase Services Lump Sum $ 3,255.00
" Meetings, Project Management, Coordination
," IV and QAlQC Lump Sum $ 6,040.00
::;: V FOOT LAP Contin2enCY Lump Sum $ 5,250.00
Direct Reimbursable Allowance Lump Sum $ 500.00
TOTAL $ 30,175.00
The above basic fees for the Scope of Service totals to $30,175.00 and will be performed as an
addendum to our White Road contract dated December 24, 2004.
We sincerely appreciate this opportunity to provide professional services for this project. We have
provided two originals of this letter agreement, if you are in agreement, please sign where indicated
and return one (1) copy to our office to constitute our Notice to Proceed. If you have any questions
regarding this proposal, please contact our office. .__
This Scope of Services and Fee Schedule is hereby submitted by:
Dyer, Riddle, Mills & Precourt, Inc.
&~f'-o
Date
Christina A. ixon, P.E.
Department Manager
This Scope of Services and Fee Schedule as authorized above is hereby accepted by:
City of Ocoee
David Wheeler, PE
City Engineer
Date
Cc:
Gene Williford
John C. Kelly. P.E.
File
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'0',; \\OrI31usterO l\Profil-Cenler-Markeling\LDV\ORLANDO\2009\09-0457 .OMK Ocoee Clarke Road\09-0457 .OMK Ocoee -Clarke Road -
ProposaI2009.06.29.doc