VI (C) Change Order No. 1 with Southland Construction Company for the Kissimmee Avenue/Story Road and Marshall Farms/Maguire Road Intersection Improvement Project AGI7:DA 3-18-97
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rf 0' GOO° JAMES W.SHIRA, P.E.
CITY ENGINEER/UTILITIES DIRECTOR
ISO N.LAKESHORE DRIVE.OCOEE,FLORIDA 34761
PHONE(407)656-2322 EXT. 142•FAX(407)656-7835
MEMORANDUM
DATE: March 14, 1997
TO: The Honorable Mayor and Board of City Commissioners
FROM: David Wheeler, P.E.-CP0 �
Assistant City Engineer/Utilities Director
SUBJECT: Story Road/Kissimmee Avenue and Marshall Farms Road/Maguire Road
Intersection Improvements Project
Change Order Request No. 1
Attached for your review is Change Order Request No. I on the Story Road/Kissimmee Avenue
and Marshall Farms Road/Maguire Road Intersection Improvements Project with Southland
Construction, Inc. This change order request was initiated by City staff at the request of Sprint
Telephone company due to conflicts with the Sprint duct bank under the pavement for Maguire
Road.
During the design phase of the project, approximately three years ago and last fall, PEC
contacted all utility companies, including Sprint, about locations of their systems within the
construction limits of this project. Repeatedly, PEC pressured Sprint, Florida Power Corp., Time
Warner Cable company and Lake Apopka Natural Gas Corp. to ensure that all of their systems
were accurately located and displayed on PEC's drawings and that vertical data was also
provided for potential conflicts with proposed structures. Therefore, PEC's plans could include
designing around conflicts and requested utility relocations to accommodate the new structures.
These utility adjustments included conflicts with the City's water and sewer systems. PEC's
design was complicated by the extra-ordinary amount of utilities in the Story. Kissimmee,
Maguire, and Geneva intersection and the limited amount of right-of-way and the area north
towards TeePee Lumber, was very difficult due to the fact that was no ability to provide any play
in elevations for the pipelines.
In the fall, when the project was reauthorized to finally take the project to construction, PEC and
Staff again met with Sprint and the other affected utilities to review the project and finalize any
known or potential conflicts. We were assured that nothing had changed from the initial contacts
of three years ago. PEC completed their design based upon the assurance that all the data that
they had was accurate.
After the project was advertised and bids were received in early December, Sprint requested a
meeting to discuss a conflict which they had discovered. At a meeting in early January, Sprint
stated that there was a conflict between their major duct bank that runs north/south through the 1/1
THE PRIDE OF WEST ORANGE 4/
intersection and our proposed stormwater pipeline that was crossing the intersection. This
conflict was a vertical distance of 12 to 15 inches into the proposed 36 inch pipeline; therefore
significantly reducing the flow capacity of the pipeline and basically counter productive to the
drainage/flooding improvements that were proposed.
Because there was no ability to shift the vertical alignment of the pipeline and Sprint did not
offer to relocate their duct bank, Sprint agreed to pay for the redesign of the stormwater system to
solve the conflict and any additional construction costs associated with the redesign. PEC
completed the redesign and the new alignment was presented to Southland for estimating
changes in construction costs and scheduling. PEC's estimate for additional design services has
amounted to approximately $4,500. Through negotiations with Southland, the additional
construction costs will be $9,296.40 and require an additional seven days to complete.
Shortly after the new design was finalized, Sprint requested another meeting because they
discovered another conflict. They proposed that the redesign created a bigger conflict. In the
meeting, staff and PEC proposed an additional plan to solve the new conflict which could not
include returning to the original design. This new design included relocation of the City's sewer
forcemain in the affected area, due to additional conflicts. With the removal of the old forcemain
we proposed to over excavate the trench and lower the Sprint duct bank.
Again, Sprint agreed to pay for additional construction costs related to relieving the conflicts
between their duct bank and the new stormwater system. This new redesign was presented to
Southland for estimating costs and scheduling. Through negotiations between staff/PEC and
Southland, a cost of$30,000 was agreed upon, with an additional time of seven days to complete.
The totals for this change order are $39,296.40 and an additional fourteen days. In addition, the
PEC fees for redesign are approximately $4,500. The total cost of this additional work to relieve
the conflicts with Sprint's duct bank is $43,796.40. Sprint has agreed to reimburse the city
$35,000 of this cost with the City absorbing the remainder. The cost of$8,796.40 is construction
dollars which the City would have realized due to conflicts between our forcemain and the
proposed stormwater system regardless of the alignment.
The City's share of this change order will come from the project's construction contingency.
This cost amounts to approximately 0.76 percent of the original bid price of$1,163,718.10. The
attachment is a copy of the change order, the entire package is available for review if desired.
I recommend that the City Commission accept Sprint Telephone Company's offer to participate
in this change order in the amount of$35,000,to cover all of PEC's expenses and the majority of
the construction costs. Additionally, I recommend that the City Commission approve Change
Order No. I with Southland Construction, Inc. by increasing the contract amount by $39,296.20,
with an extension in contract time of fourteen days, and authorize the Mayor and City Clerk to
execute Change Order No. 1.
Attachment
CHANGE ORDER NO. 1
CITY OF OCOEE
STORY ROAD/KISSIMMEE AVENUE AND MAGUIRE ROAD/MARSHALL FARMS
ROAD INTERSECTION IMPROVEMENTS PROJECT
PROJECT NO. B-97-02
DATE: March 14, 1997 CONTRACTOR: SOUTHLAND CONSTRUCTION, INC.
AGREEMENT DATE: DECEMBER 17, 1996
The following changes are hereby made to the CONTRACT DOCUMENTS.
Original CONTRACT PRICE $1,163,718.10
Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDER $1,163,718.10
Net Increase(Decrease)Resulting from this CHANGE ORDER $39,296.40
The current CONTRACT PRICE including this CI TANG E ORDER $1,203,014 50
ORIGINAL CONTRACT TIME:
180 Consecutive Calendar Days from Notice to Proceed Date: July 25, 1997
Current CONTRACT TIME adjusted by previous CHANGE ORDERS Date: July 25, 1997
Net Increase Resulting from this CHANGE ORDER Days: 14
Current CONTRACT TIME Including this CI IANGE ORDER Date: August 8, 1997
CHANGES ORDERED:
I. GENERAL
This change order is necessary to cover changes in the work to be performed under this Contract. The
GENERAL CONDITIONS, SUPPLEMENTARY CONDITIONS, SPECIFICATIONS and all parts of the
Project Manual listed in Article I, Definitions,of the GENERAL CONDITIONS apply to and govern all
work under this change order.
II. REQUIRED CHANGES
Item A. Extension of Contract Time. By this change order Section 00500,Agreement Article 3 Contract Time shall
be modified as follows: 3.1 will be amended to read within 187 consecutive calendar days of the effective date of
the Notice to Proceed.
Item B. Extension of Contract Time. By this change order Section 00500,Agreement Article 3 Contract Time shall
be modified as follows: 3.1 will be amended to read within 194 consecutive calendar days of the effective date of
the Notice to Proceed.
III. JUSTIFICATION
Item A. This storm line was relocated to the east side of Kissimmee Avenue to avoid grade conflicts with a
telephone duct bank and a city force main.To install the pipe in the revised location requires additional material and
considerably more maintenance of traffic,
Item B. The relocation of the sanitary sewer force main and the lowering of the underground Sprint telephone duct
is necessary to avoid"additional"grade conflicts further south on Kissimmee Avenue separate from those described
in Change Order Item I.A, This work will require additional materials and maintenance of traffic.
IV. NARRATIVE OF NEGOTIATIONS
Item A. The contractor's March 27'h proposal was negotiated down from$10,767.13 to$9,296.40. Most of the
reduction involved the pavement repair item.
Item B. Through negotiations with the Contractor the final agreed upon price was a lump sum figure ofS30.000.00.
V. PAYMENT
Change Order Description Net Increase Unit Unit Price Net Increase
Item No. (Decrease)Quantity (Decrease)Price
I Relocate storm water system 2/S $9,29640 $9,296.40
I 2 Relocate force main,lower Sprint duct bank 2/S $30,000.00 $30,000.00
Total Net Increase(Decrease)Change Order No. I $39,296.40
VI. APPROVAL AND CHANGE AUTHORIZATION
This proposed change to the Contract is to be approved by the Ocoee City Commission.
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. 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. 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.
RECOMMENDED BY: ACCEPTED BY:
CITY OF OCOEE,FLORIDA SOUTIILAND CONSTRUCTION INC.
By: By:
Signature Signature
Date: Date:
Title: Title:
APPROVED BY:
CITY OF OCOEE, FLORIDA
Owner
By: _
S. Scott Vandergrif,Mayor Date
Attest:
Jean Grafton,City Clerk
FOR USE AND RELIANCE ONLY BY THE APPROVED BY 'HIE OCOEE CITY
CITY OF OCOEE,APPROVED AS TO FORM COMMISSION IN A MEETING HELD ON
AND LEGALITY THIS DAY OF , 199 UNDER
, 199_ AGENDA ITEM NO.
FOLEY& LARDNER
By:
City Attorney