Item 13 Approval of Change Order No. 1 for RFQ #1702 Construction at Risk for Bluford Avenue, Phase II, Sub-Phases A & B, Guaranteed Maximum Price ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: May 7, 2019
Item # /3
Reviewed By: i/fr
Contact Name: Charles K. Smith, P.E Department Director: Ch. -s .p;„,,4
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Contact Number: 407-905-3159 City Manager: Robert F, 7/ff���'''41° —
Subject: Approval of Change Order #1 — RFQ #1702 Construction at Risk For Bluford Ave
Phase II, Sub-phases A & B, Guaranteed Maximum Price. Commissioners Wilsen, District 2
and Firstner, District 3.
Background Summary:
The City Commission awarded the Construction Manager at Risk (CMR) contract for the Bluford Ave
Phase II (Street Scape) Project from Delaware St. to Silver Star Rd. to Oelrich Construction, Inc.
(OCI) at the April 4, 2017 commission meeting. Subsequent to the contract award, the commission
accepted OCI's guaranteed maximum itemized pricing for the Sub-Phase A and Sub-Phase B work
June 6, 2017 and September 19, 2017 respectively. Following each acceptance, OCI openly sought
subcontractor's prices for the itemized work. Savings differences from the guaranteed and
subcontractor pricings remain in "contingency." The contingency funds are restricted to specific
budget cost centers (utilities, stormwater, etc.) and can fund work added to the OCI's scope related
to those cost centers or they can be returned to the City upon project completion or by change order.
Work can also be removed from OCI's scope, and any funding for the non-authorized work remains
in contingency until officially removed from the scope by an approved change order.
A major element of the streetscape project was to provide new utility infrastructure and/or improve
the existing utility infrastructure in the downtown Ocoee area. The project includes central sewer
(conveyance and collection), the upgrading of existing potable water mains, and installation of a
reclaimed water main along Bluford Ave. Included as a part of the central sewer work is the relocation
and upsizing of the existing lift station (#26); currently located in the center of the City Hall/Bill Breeze
Park campus. The new site for the lift station is128 N. Bluford Ave. and OCI's guaranteed maximum
cost is $640,000. The City has decided to remove this work from OCI's contract and the lift station
relocation project is currently out for bid, however, the project cannot be awarded by the City until it
is officially removed from OCI's contract by change order (change order attached).
OCI has completed the Bluford Ave. streetscape utilities work, therefore staff is seeking a contractual
return of the unspent utilities contingency funding of $912,551.17. The $912,551.17 includes the
$640,000 for Lift Station 12 and other related Utilities costs contained in the overall contract.
OCI is also seeking to extend the completion date to April 26, 2019 to account for work added by the
City, Duke Energy's undergrounding efforts and some miscellaneous items. Staff supports OCI's
request as summarized by the attached "Construction Time Extension" request letter.
Issue:
Should the Mayor and City Commission approve Change Order#1 to Construction Manager at Risk
Contract for the Bluford Ave. Phase II (Street Scape) Project from Delaware St. to Silver Star Rd?
Recommendations
Motion for City Commission to approve Change Order #1 to Construction Manager at Risk Contract
for the Bluford Ave Phase II (Street Scape) Project from Delaware St. to Silver Star Rd, calling for
the reduction of project funding by $912,551.17 and extend the project time by 242 Calendar days to
April 26, 2019.
Attachments:
Change Order#1, Construction Manager at Risk Contract for the Bluford Ave Phase II (Street Scape)
Project from Delaware St. to Silver Star Rd
Oelrich Construction, Inc. Time Extension Request Letter"
Financial Impact:
The returned contingency funding shall be distributed in the amounts of $98,603.62 to Project No.
17102 - Downtown & West Sanitary Sewer Transmission South of Silver Star Including Potable and
Reclaimed Water Project (Fund 408 Capital Carry Over) and $842,921.49 to Project No 17103-
Oakland-Downtown Gravity Main and Lift Station Installation Project (Fund 417 — Utility Bond Fund.)
The 17103 funding is broken down by $173,947.55 from price savings and $640,000 from the
unauthorized lift station work.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading K Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion& Direction
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. i\100- 2CS r— wkZL
Reviewed by 0
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ocoee
florida
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
*This Change Order Requires Action by the City Commission*
Construction Manager at Risk-Bluford Ave Phase II(Street Scape)Project from Delaware St to Silver Star Rd.
Sub-Phase A and Sub-Phase B
RFQ#1702
CHANGE ORDER NO. 1
DATE: April 2, 2019 PURCHASE ORDER: #1425833
The following changes are hereby made to the CONTRACT DOCUMENTS.
Sub-Phase A; GUARANTEED MAXIMUM PRICING (TOTAL) $2,480,630.00
Sub-Phase B; GUARANTEED MAXIMUM PRICING (TOTAL) $7,350,258.00
Total GUARANTEED MAXIMUM PRICING $9,830,888.00
Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDERS $9,830,888.00
Net Increase (Decrease) Resulting from this CHANGE ORDER $-912,551.17
The current CONTRACT PRICE including this CHANGE ORDER $8,819,336.83
Original CONTRACT COMPLETION DATE: [August 27, 20181
Current CONTRACT COMPLETION DATE adjusted by previous
CHANGE ORDERS [August 27, 2018]
Net Increase Resulting from this CHANGE ORDER [2421 calendar days
Current CONTRACT COMPLETION DATE including this
CHANGE ORDER [April 26,20191
Construction Manager at Risk-Bluford Ave Phase II(Street Scape)
RFQ#1702
CHANGES ORDERED:
I. REQUIRED CHANGES
A. Contingency Savings:
1. Oelrich Construction, Inc. (OCI)has completed the Utilities (potable water, reclaimed
water and center sewer) work authorized by the Sub-Phase A &B work making
available an unspent contingency savings of$272,551.17.
2. OCI Sub-Phase B guaranteed maximum price included the construction of a
downtown lift station to be located at 128 N. Bluford Ave. The work, $640,000.00,
was never authorized by the City.
B. Contract Time (Substantial Completion) extension from August 27, 2018 to April 26,
2019. The time was needed to overcome construction conflict and complete additional
work including the efforts to underground existing areal utility(power, cable, phone etc.)
facilities. See attached letter from Oelrich Construction, Inc.
II. JUSTIFICATION
Utilities work on the project has been completed making utility contingency saving no longer
required.
III. NARRATIVE OF NEGOTIATIONS
The City Commission awarded the Construction Manager at Risk(CMR) contract for the
Bluford Ave Phase II (Street Scape) Project from Delaware St. to Silver Star Rd. to Oelrich
Construction, Inc. (OCI) at the April 4, 2017 commission meeting. Subsequent to the contract
award, the commission accepted OCI's guaranteed maximum itemized pricing for the Sub-Phase
A and Sub Phase B work respectively, June 6, 2017 and September 19, 2017. Following each
acceptance, OCI openly sought subcontractor's prices for the itemized work. Savings
differences from the guaranteed and subcontractor pricings was held as "contingency." The
contingency is categorized per funding cost centers (utilities, stormwater, etc.) and are either
used for added work or returned to City upon project completion or by change order. Any
funding for itemized work that was removed or unauthorized from OCI scope would also be held
in contingency until the project completion or removed from the contract by a change order.
IV. PAYMENT
Payment, returned funding, was based on project saving.
V. APPROVAL AND CHANGE AUTHORIZATION
The original project and funding allocation was established by issuance of a CITY purchase
order, subject to the terms and conditions contained in the CITY's solicitation, Project Manual,
Drawings, Specifications, and/or the CONTRACTOR's service and price proposal, which
collectively form the terms of an agreement between the CITY and the CONTRACTOR for the
performance of the Work. This proposed change to the agreement requires approval by the City
Commission under the CITY's Purchasing Rules and Regulations and is consistent with any
Construction Manager at Risk-Bluford Ave Phase II(Street Scape)
RFQ#1702
prior action by the City Commission to award the Work to the CONTRACTOR. It is expressly
understood and agreed that the approval of the Change Order shall have no effect on the original
agreement 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. No other claim for increased costs of
performance or modifications of time will be granted by the CITY for the Work covered by this
Change Order. The CONTRACTOR hereby waives and releases any further claims for cost or
time against the CITY arising from or relating to the matters or Work set forth or contemplated
by this Change Order.
[Balance of this page was left blank intentionally]
Construction Manager at Risk-Bluford Ave Phase II(Street Scape)
RFQ#1702
RECOMMENDED BY: ACCEPTED BY:
CITY OF 0 ,i , FLORIDA [CONTRACTOR NAME]
By: By: ;/
Signatur Signature
Date: /03 G 9 Date: rv,7
Title: (/ �(ir�G/�� Title: ii lc<- L- 11 �6'7SI c174.1
APPROVED BY:
CITY OF OCOEE, FLORIDA
By: Date:
Rusty Johnson, Mayor
Attest:
Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE CITY OF OCOEE
CITY OF OCOEE,APPROVED AS TO FORM COMMISSION IN A MEETING HELD ON
AND LEGALITY THIS DAY OF ,20 UNDER
,20 AGENDA ITEM NO.
By:
City Attorney
Construction Manager at Risk-Bluford Ave Phase II(Street Scape)
RFQ#1702
OELRICH
CONSTRUCTION
INC.
February 28, 2019
Steve Krug
City of Ocoee Public Works
301 Maguire Road
Ocoee, FL 34761
RE: Contract Time Extension
Dear Steve:
Oelrich Construction respectively requests that an additional fifty-four(54)working days be
added to the contract schedule, extending the Substantial Completion date of 8/27/18 to the
actual date of 11/14/18. This schedule extension was primarily driven by added utility scope
via approved CMI's, as illustrated below:
coin ae 0014rhooty Coy*Wei
10 12"FM Offset&Unknown 4"Wet Tap FM 3
15 Lafayette Water Main-Revised 10
16 Replace X-1 1
17 Redesign of Sewer system 10
18 Redesign of the Storm Drainage System 15
22 Lafayette&Magnolia RWM Stub out 1
24 Remove/Replace S-124 and 36'of RCP 1
25 RWM Jumper 1
26 RWM and Sewer Lateral adds 1
28 Repair Collapsed Drainage Line 1
38 Additional Sanitary lateral 0.5
57 Asbestos Pipe Removal 0.5
N/A Oakland Intersection Conflicts 9
Additionally,we request a Final Completion date of 4/26/19 to account for the remaining
scope that was to follow Duke's power line undergrounding efforts such as landscaping &
concrete. Other miscellaneous changes include the paver crosswalks and increasing the
culvert block height and serve to improve the overall"operation"of the area now that Bluford
Ave. has been open for public use for an extended period of time.
Thank you for your consideration.
275 NW 137th Drive,Suite A Sincerely,
Jonesville,Florida 32669
oelrichconstruction.com -�"
352-745-7877 Ryan Minton
ccc1510Project Manager