HomeMy WebLinkAboutItem 08 Approval and Authorization for the Ocoee Crown Point PUD Phase 1b Infrastructure Project
AGENDA ITEM COVER SHEET
Contact Name:
Contact Number:
David A. Wheeler, P.E.
407-905-3100, ext. 1504
Meeting Date: September 20,2005
Item # <6
Reviewed By: ~ ~
Deparbnenl Director: C, ~
City Manager: -----===: =--
Subject: Approvaland Authorization for the Ocoe.e Crown Point PUD Phase 1blnfrastructure. Project
Background Summary:
The phase 1 infrastructure for the Ocoee Crown Point PUD project was designed in accordance with the
applicable regulations from the St. Johns Water Management District for stormwater treatment and runoff in effect
at that time. The Lake Apopka Rule was enacted by legislation during the design, after preliminary design and
prior to final design of the project, and SJRWMD chose to apply the requirements of the Rule to this project. To
meet the Rule for phase 1, which includes the Ocoee High School and related infrastructure, the City was required
to design and construct additional stormwater improvements to provide additional treatment of the runoff prior to its
discharge to Lake Apopka. That additional treatment being the percolation through a dry bottomed pond. The
total costs for the phase 1b improvements are $1,085,000 for the construction of the pond and related
improvements, $30,000 for the construction administration for VHB, Inc., and $7,260 for the gopher tortoise
relocation.
Orange County Public Schools has been a partner of this project since its inception and continues to be a partner.
These additional stormwater improvements were to treat runoff from the high school site, roadway, and future
commercial and park property. Therefore the cost for the phase 1 b improvements were split proportionately based
upon contributing pollutant loading from the various sites within the drainage basin. It was determined that the
high school site contributed approximately 40% of the pollutant loading in the drainage basin. The Second
Amendment to Interlocal Agreement with the School Board delineates the School Board share of the costs for the
construction of the phase 1 b improvements, its design and the relocation of any gopher tortoises within the
construction area. OCPS's share of the phase 1 b project is 40% of the numbers listed above, or a total of
$448,904.00, with the remaining $673,356.00 being the 60% Ocoee share.
Issue:
Should the Mayor and City Commissioners approve the Ocoee Crown Point PUD phase 1 b infrastructure project.
Recommendations
The Engineering Department recommends that the City Commission approve the Ocoee Crown Point PUD Phase
1 b Infrastructure Project and authorize the Mayor and City Clerk to execute: 1) Change Order no. 5 with Master
Site Development, Inc.; 2) the Second Amendment to Interlocal Agreement Regarding Coca-Cola Property with
the Orange County Public Schools; and 3) Amendment to the Agreement with VHB, Inc. The overall project cost
will increase by $1,122,260.00 with the project funding being split at 60% from the City of Ocoee and 40% from the
Orange County Public Schools.
Attachments:
1) Change Order No.5 between the City 0 f Ocoee and Master Site Development, Inc.
2) Second Amendment to Interlocal Agreement Regarding Coca-Cola Property .
3) Addendum to Master Planning and Engineering Services for Coke Property
4)
Financial Impact:
This change order will be funded in part by the City of Ocoee from the Ocoee Crown Point PUD project fund and
Orange County Public Schools in accordance with the agreement between both parties. The Ocoee share is 60%
or $673,356.00 and the OCPS share is 40% or $448,904. The funds for the City's share will come from the Ocoee
Crown Point PUD project fund. Any short term overruns within the Ocoee Crown Point PUD project fund will
covered by the Road Impact Fund until the residential zoned land of the overall project is sold and the Road
Impact Fund reimbursed.
Type of Item: (please mark with an "xj
Public Hearing
== Ordinance First Reading
Resolution
== Commission Approval
Discussion & Direction
For Clerk's DeDi Use:
ConsenJ Agenda
- Public Hearing
== Regular Agenda
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
Original DocumenVContract Attached for Execution by City Clerk
~ Original DocumenVContract Held by Department for Execution
(~'Jtr 0- L-~
N/A
N/A
N/A
City Manaqer
Robert Frank
Commissioners
Dannv Howell. District 1
Scott Anderson. District 2
Rusty Johnson, District 3
Nancv J. Parker. District 4
Mavor
S. Scott Vanderorift
STAFF REPORT
TO:
The Honorable Mavor and City Commissioners
FROM:
David A. Wheeler, P.E. City Engineer
DATE:
September 13, 2005
RE:
Project
Approval and Authorization for the Ocoee Crown Point PUD Phase 1 b Infrastructure
ISSUE
Should the Mayor and City Commissioners approve the Ocoee Crown Point PUD Phase 1 b Infrastructure
project. The Engineering Department requests that the Mayor and City Commission approve the overall project
and in so doing approve Change Order no. 5 with Master Site Development, Inc. for the constructed
improvements, the Second Amendment to Interlocal Agreement Regarding Coca-Cola Property, and the
Amendment to the VHB, Inc. Agreement for construction administration services related to this project. The
total cost of the Phase 1b Infrastructure Project is $1,122.260.00 and will be funded in part from Ocoee and
OCPS, based upon a 60-40 split, respectively.
BACKGROUND/DISCUSSION
The phase 1 infrastructure for the Ocoee Crown Point PUD project was designed in accordance with the
applicable regulations from the St. Johns Water Management District for stormwater treatment and runoff in
effect at that time. The Lake Apopka Rule was enacted by legislation during the design, after preliminary
design and prior to final design of the project, and SJRWMD chose to apply the requirements of the Rule to this
project. To meet the Rule for phase 1, which includes the Ocoee High School and related infrastructure, the
City was required to design for construction additional stormwater improvements to provide additional treatment
of the runoff prior to its discharge to Lake Apopka. That additional treatment being the percolation through a
dry bottomed pond. The total costs for the phase 1b improvements are $1,085,000 for the construction of the
pond and related improvements, $30,000 for the construction administration for VHB, Inc., and $7,260 for the
gopher tortoise relocation.
Orange County Public Schools has been a partner of this project since its inception and continues to be a
partner. These additional stormwater improvements were to treat runoff from the high school site, roadway,
and future commercial and park property. Therefore the cost for the phase 1 b improvements were split
proportionately based upon contributing pollutant loading from the various sites within the drainage basin. It
was determined that the high school site contributed approximately 40% of the pollutant loading in the drainage
basin. The Second Amendment to Interlocal Agreement with the School Board delineates the School Board
share of the costs for the construction of the phase 1 b improvements, its design and the relocation of any
gopher tortoises within the construction area. OCPS's share of the phase 1 b project is 40% of the numbers
listed above, or a total of $448,904.00, with the remaining $673,356.00 being the 60% Ocoee share.
CITY OF OCOEE
EngineeringlUtilities
150 North Lakeshore Drive
Ocoee, Florida 34761-2258
CHANGE ORDER NO. #5
CITY OF OCOEE
Ocoee Crown Point PUD - Phase 1 Infrastructure
DATE: September 13,2005
CONTRACTOR: Master Site Development, Inc.
AGREEMENT DATE: March 2,2004
The following changes are hereby made to the CONTRACT DOCUMENTS.
Original CONTRACT PRICE
$ 2,496,811.50
Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDER
$ 2,832,922.50
Net Increase Resulting from this CHANGE ORDER
$1,085,000.00
The current CONTRACT PRICE including this CHANGE ORDER
$ 3,917,922.50
ORIGINAL CONTRACT TIME:
420 Consecutive Calendar Days from Notice to Proceed
Date:
May 16. 2005
Current CONTRACT TIME adjusted by previous CHANGE ORDERS
Date:
July 14.2005
Net Increase Resulting from this CHANGE ORDER
Days:
260 Days
Current CONTRACT TIME Including this CHANGE ORDER
Date:
March 31. 2006
00842-1
CHANGES ORDERED:
1. GENERAL
This change order is issued pursuant to the applicable provisions of the Contract Documents and is intended
to provide an equitable adjustment in the Contract Sum to accommodate an unprecedented market
condition.
II. REQUIRED CHANGES
Item No.5-A: Phase Ib Infrastructure Improvements
This change order work consists of the construction of pond 3 (including underdrains), approximately 960 linear feet
of 48-inch pipe to connect the overflow from pond 8 to pond 3, approximately 510 linear feet of 36-inch pipe to
outfall to Lake Apopka, and all necessary appurtenances as required by the plans and specifications. These
improvements are shown in detail on the plan set labeled "Oocee Crown Point PUD Phase 1 b Storrnwater Ponds" as
prepared by VHB, Inc. with the last revision date of April 5, 2005.
ffi. JUSTIFICATION
Item No.5-A: Phase Ib Infrastructure Improvements
This work is required to meet the Lake Apopka Rule which was promulgated in April of 2003 and required more
stringent treatment of storrnwater runoff than was established previously by regulation.
IV. NARRATIVE OF NEGOTIATIONS
Cost of the work was negotiated based upon standard industry costs and available materials.
V. PAYMENT
Change Order Description Net Increase Unit Unit Price Net Increase
Item No. (Decrease) Ouantity (Decrease) Price
Item No. 5-A Phase Ib Infiastructure Improvements LS 1,085,000.00
Total Net Increase Change Order No. #4 51,085,000.00
VI. APPROVAL AND CHANGE AUTHORIZATION
This proposed change to the Contract is to be approved by the Ocoee City Commission.
00842-2
Acknowledgements:
The aforementioned change, and work affected thereby, is subject to all provisions of the original contract not
specifically changed by this Change Order; and, it is expressly understood and agreed that the approval of the
Change Order shall have no effect on the original contract other than matters expressly provided herein.
CONTRACTOR acknowledges, by its execution and acceptance of this Change Order, that the adjustments in
Contract Price and Time shown hereon constitute full and complete compensation and satisfaction for all costs and
modifications of performance time incurred by the CONTRACTOR as a result of this Change Order and/or relating
to or arising out of the reasons and justifications for this Change Order. No other claim for increased costs of
performance or modifications of time will be granted by the OWNER for the Work covered by this Change Order.
Nothing contained in this action by the City shall be deemed to constitute a waiver or an estoppel to assert its rights
or remedies under the Contract Documents nor shall it be deemed to set a precedent for an equitable adjustment for
any other materials required by the Work The CONTRACTOR hereby waives and releases any further claims for
cost or time against the OWNER arising from or relating to the matters or Work set forth or contemplated by this
Change Order and/or relating to or arising out of the reasons and justifications for this Change Order.
RECOMMENDED BY:
CITY OF OCOEE. FLORIDA
ACCEPTED BY:
MASTER SITE DEVELOPMENT. INe.
By:
By:
Signature
Signature
Date:
Date:
Title:
Title:
APPROVED BY:
CITY OF OCOEE. FLORIDA
By:
s. Scott Vandergrift, Mayor
Date
Attest:
Beth Eikenberry, City Clerk
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, APPROVED AS TO FORM
AND LEGALITY TillS DAY OF
,2005.
APPROVED BY THE OCOEE CITY
COMMISSION IN A MEETING HELD ON
, 2005 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
00842-3
07/29/2005 11:58
4078910575
MASTER SITE DEVELOPMENT, INC.
Complete Site Work
1203 Florida Avenue
St. Cloud. FL 34769
407-891-0700.407-891..Q575
MASTER
PAGE 02
Letter of Transmittal
Transmittal #
Date: July 29.2005 015
TO: City of Ocoee
ATTENTION: David Wheeler
FAA: 1-407-656-7835
PHONE: 1-407-905-3100 x91504
RE:Ocoee Crown Point
Infrastructure Phase I
We are sending you, attached, via Fax the following items:
o SHOP DRAWINGS
!81 CHANGE ORDER
o PROPOSAL
o PRINTS
o SPECIFICATIONS
o SAMPLES
COPIES DATE NO. DESCRIPTION
o PLANS
o TEST RESULTS
o COpy OF LETTER
1
7129/05
Ocoee Crown Point revised Change Order # 5 Revision 2
THESE ARE TRANSMITTED as checked belOW:
o For approval 0 Approved as submitted
o For your use 0 Approved as noted
r8J As requested 0 Returned for corrections
o For review & comment 0
o FOR BIDS DUE:
REMARKS:
cc:
o Resubmit _ copies for approval
o Return _ copies for dIstribution
o Return _ corre.cted prints
Curt Noblitt
Master Site Development, Inc.
07/29/2005 11:58
4078910575
MASTER
PAGE 03
MASTER SITE DEVELOPMENT
INC.
1203 FLORIDA AVENUE
ST. CLOUD, FL 34769
PH# 407-891-0700
FAX#407 -891-0575
MASTER SITE DEVELOPMENT INC. is pleased to submit this written proposal for the following project:
II - ocoee CROWN POINT CHANGE ORDER #5 REV 2 Job: 24001 JI
I Division Description ~ AdjQty Vnlts XtdCos~
100 GENERAL SITEWORK (ON SITE)
CLEARING AND GRUBSING 11.00 AC
PROOFROLl SITE 1.00 lS
DISK SITE: 10.00 AC
SILT FENCE 1,741.00 LF
DOUBLE SilT FENCE 2,063.00 LF
POND 3 EXCAVATE 22,433.00 CY
POND "3" GRADE SLOPES 1,222.00 LF
SODDING, PONO "3" 9,334,60 SY
SEED & MULCH POND "3" BOTTOM 4,166,00 SY
POND "3" DEWATERING 1.00 LS
PONO "3q OVER EXCAVATE 37,544.00 CY
GRADE SLOPES 14,613.00 SY
POND "8" REGRADE SLOPES 2,502.00 SY
CUT, SPREAD AND COMPACT 1,042.00 CY
STOCKPILE MATERIAL ON ELEM. SITE 41,349.00 CY
IMPORi FILL, FROM EXISTING ELEM. SITE 45,512.00 CY
HAUL ROAD STABILIZED a,308.00 SY
HYDRO SEED HAUL ROAD AND DIST. ARE 29,600.00 SY
DUST CONTROL OPERATIONS 1.00 LS
NPDES MAINTENANCE 1.00 lS
Subtotal $628,720.00
300 STORM DRAINAGE (ON SITE)
HDPE;, 36" (0/6') 50.00 .LF
HDPE, 36" (6'/8') 98.00 LF
HDPS, 36" (10/12') 260.00 LF
HOPE, 48" (12/14') 961.00 LF
MITERED END, 48" 1.00 EA
48" Flared MES 1.00 EA
MANHOLE; W / J BOTTOM (0/6') 1.00 E:A
MANHOLE WI J BOTTOM (8'/10') 1.00 EA
MANHOLE WI J SOlTOM (12114') 1.00 EA
MANHOLE WI J BOTTOM (14/16') 1.00 EA
MANHOLE (16'/18') 1.00 EA
OUTFALL STRUCTURE W/ J 8M (10'/12') 1.00 LS
pve, 12" (0/6') 141.00 LF
pve, 1S" (0/6') 35,00 LF
U.D. BEND, 45 DEGREE, 6" 12.00 EA
U.D. SEND, 4S DEGREE, 8" 6.00 SA
U.O. BEND, 45 DEGREe, 12" 1.00 EA
U.O. BEND, 90 DEGREE. 6" 21.00 EA
U.D. SEND, 90 DEGREE, 8" 5.00 EA
U.D. 8" X 6" RED. 6.00 EA
U.D. 12" X 6" RED. 1.00 EA
Printed: 7/29/2oo511:01:05AM Page 1 of 2
07/29/2005 11: 58 4078910575 MASTER PAGE 04
I Dlvlslon Description AdlQtv Units XtdCos~
U.D. 18" X 12" REO. 2.00 EA
U.O. 6" HUB 32.00 EA
U.O. 6h PLUG 32.00 SA
U.D. a" ADPT 44.00 EA
U.D. 6" AOPT 1.00 EA
u.n. TEE. 12" X 6" 10.00 EA
u.o. TEE, 12" X 8" 1.00 EA
U.O. 6" TEE 7.00 EA
u.n. S" x 6" TEE 6.00 EA
U.D. 18" TEE 1.00 EA
UNOERDRAIN, e" PIPE & GRAVEL 4,550.00 IF
UNOERORAIN, 8" PIPE & GRAVEL 784.00 LF
FABRIFORM 512.00 SF
ENDWALL, "U" TYPE, 48" 1.00 EA
REMOve EXISTING "0" INL.ET 2.00 EA
PI.UG EXISTING 19" X 30" ERCP 2.00 EA
DE-WATERING OPERATIONS 1.00 LS
Subtotal $393.987.00
930 APMINISTRATION
BOND COSTS 1.00 LS
MOBILIZATION AND LAYOUT 1.00 LS
MATERIAL TAX 7.00 %
Subtotal $62.394.00
990 NOTES & COMMENTS
EXHIBIT "A & 6" are inclusive.
No soil reports.
NPDES permitting by others.
Job Total I $1,O85,100.~~
"'1'1_: 7f.29f200~ 1 f:01:0$AM
Page 2 of 2
SECOND AMENDMENT TO INTERLOCAL AGREEMENT
REGARDING COCA-COLA PROPERTY
TillS SECOND AMENDMENT TO INTERLOCAL AGREEMENT REGARDING
COCA-COLA PROPERTY (this " Second Amendment") is made and entered into as of the
_ day of ,2005, by and between the CITY OF OCOEE, FLORIDA, a
municipal corporation existing under the laws of the State of Florida (" Ocoee") and THE
SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a public body corporate organized
and existing under the laws of the State of Florida (" School Board").
WI TNE~~E TH:
WHEREAS, Ocoee and School Board entered into that certain Interlocal Agreement
Regarding Coca-Cola Property dated June 13, 2000, (the" Agreement") with respect to the
acquisition and development of a PUD to be known as Ocoee Crown Point PUD (the
" Property"); and
WHEREAS, the Agreement was amended by a First Amendment to Interlocal
Agreement Regarding Coca-Cola Property, dated August 5, 2003 (the" First Amendment' );
and
WHEREAS, Ocoee and School Board desire to enter into this Second Amendment as
contemplated by Section 12 of the Agreement to account for certain increased costs associated
with compliance the " Lake Apopka Rule".
NOW THEREFORE, in consideration of the premises set forth herein below, and
mutual covenants between the parties, the parties agree as follows:
1. Recitals. The Recitals set forth above are true and correct and are incorporated
herein and made a part of this Second Amendment.
2. Definitions. All terms used herein shall be as defined in the Agreement, as
amended by the First Amendment, unless otherwise indicated.
3. Additional Stormwater Management Expenses.
(A) Subsequent to the adoption of the First Amendment and the preparation
of the Engineer's Cost Estimate, Ocoee and School Board were advised by St. Johns River
Water Management District (" SJRWMD") that the development of the Property would need to
comply with the then recently adopted SJRWMD "Lake Apopka Rule" (the" Rule"). The
plans for the construction of the Improvements previously approved by Ocoee and the School
Board did not comply with Rule. In order to avoid a delay in the Construction Project and the
opening of the High School, Ocoee, in consultation with the School Board, directed VHB to
meet with SJRWMD in order to determine what additional Improvements would be required in
order to comply with the Rule. As a result of those meetings and after consulting with Ocoee
006.381652.3
and the School Board, VHB has prepared the following plans in connection with the drainage
basin for Pond 8: Plans dated April 25, 2005 (the "Revised Stormwater Plans"). SJRWMD
has approved the Revised Stormwater Plans and issued the following permit in connection
therewith: Permit #40-095-83494-5 dated March 4, 2005(the "SJRWMD Revised Permit").
(B) Except as set forth in this Second Amendment, the Revised Stormwater
Plans or such drainage easements as my heretofore or hereafter be granted by Ocoee or the
School Board, each party shall be responsible, at its own expense, for the costs associated with
compliance with the Rule as it relates to land owned or to be owned by such party. The parties
hereto recognize that the Revised Stormwater Plans are intended to address the off-site
stormwater improvements needed for Ocoee High School, Ocoee Crown Point Parkway, the
Ocoee Village Center and the Ocoee Park to comply with the Rule.
(C) The costs associated with the Revised Stormwater Plans and the
SJRWMD Revised Permit were not included in the Engineer's Cost Estimate and the First
Amendment did not address a mechanism for funding such costs. Construction of the
additional Improvements called for by the Revised Stormwater Plans and the SJRWMD
Revised Permit will be processed by a Project Change Order to the Construction Contract.
The Project Change Order is estimate to be in the amount of $1,085,100.00 (the "Stormwater
Change Order'). The dollar amount of the Stormwater Change Order is in excess of the
School Board "not to exceed" amount set forth Section 4(A) of the First Amendment, as well
as the amount which Ocoee agreed to fund. In order to address the shortage in funds needed
for the Stormwater Change Order and the completion of the additional Improvements necessary
to comply with the SJRWMD Revised Permit, Ocoee and the School Board agree to share such
costs as follows: 60% to be -paid by Ocoee and 40% to be paid by the School Board. Based
on the estimate, Ocoee will be responsible for $651,060.00 of such costs and the School Board
will be responsible for $434,040.00 of such costs. To the extent the actual costs thereof
(including any additional change orders which may be approved during the course of
construction of such additional Improvements) exceed such estimate, Ocoee and the School
Board will be responsible in accordance with the foregoing percentage allocations and the
School Board shall promptly pay to Ocoee its applicable percentage of any such additional
change order. Within fourteen (14) days from the Effective Date of this Second Amendment,
the School Board shall pay to Ocoee 100 % of its percentage of the Stormwater Change Order
in the amount of $434,040.00 to be used by Ocoee for the Stormwater Change Order, which
funds shall be held and processed by Ocoee in the same manner as the previous School Board
Construction Payment. Ocoee shall not be required to issue a Notice to Proceed under the
Stormwater Change Order until such funds are received by Ocoee.
(D) In connection with the addressing of the above matters, Ocoee has issued
or will issue Change Orders to the MPSE Agreement. Any costs associated with such change
orders shall be shared equally by Ocoee and the School Board and are not included within the
Stormwater Change Order or the proposed change order for construction administration as set
forth below.
006.381652.3
-2-
(E) In connection with providing for construction administration associated
with the work being done pursuant to the Stormwater Change Order, Ocoee will issue a
Change Order to the MPSE Agreement in an amount not to exceed $30,000.00. Ocoee and the
School Board agree to share such costs as follows: 60 % to be paid by Ocoee and 40 % to be
paid by the School Board
(F) Additional gopher tortoise mitigation will be required in connection with
the construction of the additional Improvements called for by the Revised Stormwater Plans
and the SJRWMD Revised Permit. The estimate cost of such additional gopher tortoise
mitigation is $7,260.00. Ocoee and the School Board agree to share such costs as follows:
60% to be paid by Ocoee and 40% to be paid by the School Board. Such additional costs
associated with gopher tortoise mitigation are not included with the Stormwater Change Order.
The foregoing estimate is based on the assumption that the gopher tortoises in the area of the
construction activities can be safely relocated without the need for a take permit. In the event a
take permit is required, then this cost estimate will increase based on the costs associated
therewith. Contemporaneous with the payment referenced in Section 3(C) above, the School
Board shall pay to Ocoee the amount of $2,904.00 to be used by Ocoee for the additional
gopher tortoise mitigation , which funds shall be held and processed by Ocoee in the same
manner as the previous School Board Construction Payment.
(G) Expenses associated with the above described Project Change Order shall
be governed solely by the provisions of this Section 3 and not by any of the provisions of the
First Amendment. The amounts paid by the School Board as set forth above shall be in
addition to the "not to exceed" amounts set forth in Sections 2(A) and 4(A) of the First
Amendment.
(H) By execution of this Second Amendment, both Ocoee and the School
Board approve the Revised Stormwater Plans and the Stormwater Change Order.
(I) The provisions of this Section are intended to comply with the
requirements of Section 4(F) of the First Amendment.
4. Elementary School Site Stormwater. Ocoee and the School Board agree that
the stormwater requirements for the Elementary School Site, including the improvements
needed to comply with the Rule, will be met in a master stormwater system to be located on
lands other than the Elementary School Site, and that the permitting and construction of such
portion of the master stormwater system shall be the responsibility of Ocoee, or third party
developers pursuant to an agreement with Ocoee, all at no cost to the School Board. The
School Board acknowledges that Ocoee intends to have the stormwater ponds for the
Elementary School Site permitted and constructed in conjunction with the development of the
adjacent residentially zoned land and that in order to do so the School Board must provide
Ocoee, or third party developers pursuant to an agreement with Ocoee, with information
regarding the stormwater requirements for the Elementary School Site, including but not
limited to the amount of impervious area to be located on the Elementary School Site and
design parameters needed to determine the point of connection of the Elementary School Site to
006.381652.3
-3-
the stormwater system to be constructed on the adjacent residentially zoned land. Ocoee, or
third party developers pursuant to an agreement with Ocoee, will (i) provide a stormwater
drainage easement to the School Board for the benefit of the Elementary School Site which
authorizes such site to discharge into the stormwater management system for the residentially
zoned property and provides the School Board with a right to maintain such stormwater
management system if the developer thereof fails to do so, such easement to be subject to the
approval of the School Board which approval will not unreasonably be withheld; and (ii)
provide a stubout for the School Board to connect the Elementary School Site stormwater
system to such stormwater system on the residentially zoned property. The Elementary School
Site will be developed in accordance with the information provided by the School Board as
aforesaid unless otherwise agreed to by Ocoee.
5. Excess Fill. There is currently excess fill located on the Elementary School Site
which has been placed there by the School Board in connection with the development of the
High School Site. It is agreed that Ocoee, or third party developers pursuant to an agreement
with Ocoee, may use such fill to the extent needed in connection with the development of
portions of the Property and that no payment to the School Board will be required in
connection with such use. The parties acknowledge and agree that such excess fill may be
used in connection with the construction of the additional Improvements called for by the
Revised Stormwater Plans and the SJRWMD Revised Permit and that the School Board will
not dispose of any such excess fill prior to the completion such additional Improvements. To
the extent that the fill located on the Elementary School Site is excess to the Property, it is
agreed that the School Board shall be responsible for such fill and shall be entitled to keep the
proceeds, if any, from the sale thereof. The School Board shall be responsible for complying
with all applicable governmental regulations related to the storage and maintenance of such
excess fill on the Elementary School Site. The School Board shall give Ocoee at least thirty
(30) days prior written notice of any proposed sale or off-site disposition of such excess fill.
6. Authority. Each party represents and warrants to the other that it has all
necessary power and authority to enter into and consummate the terms and conditions of this
Second Amendment; that all acts, approvals, procedures and similar matters required in order
to authorize this Second Amendment have been taken, obtained or followed as the case may
be; and that upon execution of this Second Amendment by both parties, this Second
Amendment shall be valid and binding upon the parties hereto and their successors in interest.
7. Conflicts. In the event of any conflict between the Agreement, as amended by
the First Amendment, and this Second Amendment, it is agreed that this Second Amendment
shall control. Except as amended by this Second Amendment, all other terms and provisions
of the Agreement, as amended by the First Amendment, shall remain in full force and effect.
8. Effective Date. This Second Amendment shall be effective upon the day it is
executed by the last party to sign.
006.381652.3
-4-
IN WITNESS WHEREOF the parties have executed this Second Amendment as of the
day and year first above written.
THE SCHOOL BOARD OF ORANGE
COUNTY, FLORIDA, a body corporate existing
under the Constitution and laws of the State of
Florida
By:
Printed Name:
Title:
Attest:
Printed Name:
As Its:
Date:
APPROVED AS TO FORM AND LEGALITY on
the _ day of , 2005
F or the use and reliance of The School Board of
Orange County, Florida
MARCHENA AND GRAHAM, P.A. Counsel
By:
Marcos R. Marchena
STATE OF FLORIDA )
COUNTY OF ORANGE )
The foregoing instrument was acknowledge before me this _ day of
2005, by , and attested to by of
THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a body corporate existing
under the Constitution and laws of the State of Florida, who 0 is personally known to me, or
who 0 produced as identification.
Notary Public
My commission expires:
006.381652.3
-5-
CITY OF OCOEE, FLORIDA, a municipal
corporation existing under the laws of the
State of Florida
Attest:
Beth Eikenberry,
City Clerk
By:
S. SCOTT VANDERGRIFT,
Mayor
(SEAL)
Date:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED TO FORM AND LEGALITY
TillS DAY OF , 2005
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2005 UNDER
AGENDA ITEM
FOLEY & LARDNER LLP
By:
Paul E. Rosenthal, City Attorney
STATE OF FLORIDA )
COUNTY OF ORANGE )
The foregoing instrument was acknowledged before me this _ day of ,
2005, by S. SCOTT VANDERGRIFT and attested to by Beth Eikenberry, who are the
Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA. They are
personally known to me.
Notary Public
My commission expires:
006.381652.3
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ADDENDUM TO MASTER PLANNING AND ENGINEERING SERVICES FOR COKE PROPERTY
EXHIBIT "An
CITY OF OCOEE
CROWN POINT PUD PHASE 18
ADDITIONAL SERVICES
September 14, 2005
SCOPE OF SERVICES
Ocoee Crown Point PUD - Phase I B
VHB will provide the following seNices:
1.0 Phase I B (Pond 3 Area)
. Pre-Construction Administration - VHB will assist the City in preparing a bid package for
site work contractors, and will respond to requests for information from bidders.
. SUNey Control - VHB will stake known points in the field to provide reference for the
contractor. At least one benchmark will be set.
. Construction Administration - VHB will make periodic fields visit to obseNe construction,
as well as attend the testing of the infrastructure prior to Regulatory Agency
Certification. These obseNations will not be exhaustive or continuous. VHB will not be
responsible for the means, methods, techniques, sequences or procedures of
construction selected by the contractor or the safety precautions and programs
incidental to the work of the contractor. VHB will keep the City informed of the progress
of the work and will advise City of known defects and deficiencies in such work. These
visits will be scheduled as necessary for certification purposes or as requested by the
City. We have estimated a three (3) month site construction duration.
. Certifications - VHB will prepare and submit the necessary certifications of substantial
completion to the applicable agencies, including SJRWMD and ACOE.
2.0 Gopher Tortoise Relocation
. Conduct a site sUNey to locate active and inactive gopher tortoise burrows within onsite
habitat types.
. Obtain a Gopher Tortoise Relocation Permit from the Florida Fish and Wildlife
ConseNation Commission (FWC) for all burrows to be relocated
. Provide assistance, oversight, consultation and advisement in the excavation and
transport to the appropriate oft-site gopher tortoise relocation area.
· Conduct testing for Upper Respiratory Disease and construct the required holding area.
· Provide a letter report to the FWC, as necessary, summarizing the results of the
relocation activities.
H:IAIl_ datal WordlDA VIDICITYC0MM\2005105 _ Ocoee_ Crown ]oint]UD _ C05lAddendum.doc
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COMPENSATION
VHB will perform the Scope of Services contained in this Addendum on an Hourly, Upset Value
basis at the standard hourly billing rates in effect at the time the work is performed. The Hourly,
Upset Value fee for this Scope of Services is $37,260 allocated as shown in Exhibit "B".
ADDITIONAL SERVICES
. Preparation of any FWC requests for additional information
. Client Meetings
Consultant will provide Additional Services upon written request from the Client. The scope and
fee required for these services will be identified negotiated and supplemental agreement
executed prior to initiation of the professional service.
REIMBURSABLE EXPENSES
In addition to the Upset and Subcontract Fee, the Consultant shall be reimbursed for
expenditures made specifically for the project such as: printing and reprographics; traffic counts;
application/filing fees; out of County travel and subsistence; backhoe services for percolation
testing; long distance telephones charges; shipping, postage, and courier service charges;
purchase of maps and similar documents. These direct expenses will be billed at cost. If
subconsultants and subcontractors are engaged by the Consultant for this project and are under
contract to the Consultant, their services will be invoiced at one (1) times their actual cost.
CLIENT-FURNISHED INFORMATION
It is understood that VHB will perform services under the sole direction of the client. In the
performance of these services, VHB will coordinate its efforts with those of other project team
members, the client's architect, and other consultants, as required. The client shall provide VHB
with project-related technical data including, as requested by Consultant:
VHB will rely upon the accuracy and completeness of client-furnished information in connection
with the performance of services under this Agreement.
SERVICES NOT INCLUDED
Should work be required in areas not previously described, VHB will prepare a proposal or
amendment, at the client's request, that contains the Scope of Services, fee, and schedule
required to complete the additional work items.
H:1A1'- datal WordlDA VIDICITYC0MM\2005105 _ Oeoce _Crown ]oinl]UD _ C05IAddendum.doc
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Exhibit "8"
ADDITIONAL SERVICES
Task No. Task Description Fee Est. Reimbursables Fee Total Fee
1.0 Gopher Tortoise Relocation $6,600 $660 $7,260
2.0 Ocoee Crown Point PUD - $27,000 $3,000 $30,000
Phase I B (Pond 3 Area)
Total $37,260
H:\AlI_ datal WordIDA VlDICITYC0MM\2005105 _ Oooee_ Crown ]oint]UD _ C05\Addendum. doc
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals, or
caused these presents to be signed by their proper officers on the day and year first
written above.
Printed Name:
Printed Name:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
'-'
FOLEY & LARDNER
By:
City Attorney
H:IAII_ datal W ordlDA VIDICITYCOMM\2005105 _ Ocoe. _Crown ]oint]UD _ C05lAddendum.doc
CONSULTANT:
VANASSE HANGEN BRUSTLIN, INC., a
Massachusetts corporation
Name: Dale A. Crosby, P.E.
Title: Office Manager
Date:
135 West Central Boulevard, #800
Orlando, Florida 32801-2476
(SEAL)
CITY:
CITY OF OCOEE,
a Florida municipal corporation
By:
S. Scott Vandergrift, Mayor
Attest:
Jean Grafton, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON ,
UNDER AGENDA ITEM NO.
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