Item 13 Approval of Change Order No. 3 for the Lakefront Park Improvements Project Final/Closeout (Phase I) ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: 11/5/2019
Item # /3
Reviewed By: /
Contact Name: Charles K. Smith, P.E. Department Director: Cha e ,,�/: ., '.E.
Contact Number: City Manager: Robert Fran: �`��/''
Subject: Approve of Change Order No. 3 for the Lakefront Park Improvements Project
Final/Closeout- Phase I
Background Summary:
The Utilities Department has been tasked with overseeing the closeout of the Lakefront Park Improvements
Project — Phase I. The Department has been reviewing the Change Orders under consideration since April of
this year. In total there are thirty-eight items on the list requiring adjustment. Four of the items involve cost
reductions; including the removal of the stormwater exfiltration system from the scope of work and the elimination
of a decorative fountain and decorative boulders. The deducted items total $179,268.38.
The remaining thirty-four items were either unforeseen items which arose during construction or owner directed
changes. Some of the larger items on this list are as follows:
• The initial plan called for Duke Energy to supply the City selected light poles; however, Duke Energy only
provides poles on a rental basis, therefore, the purchase of the poles was added to the contractor's work
at a cost of$53,250.
• The dumpster enclosure at the Lakeshore Center was originally included in the Lakeshore Center
Expansion project. The decision was made to move it from the Expansion Project to the Park Project at
a cost of$29,260.
• The initial project called for inground electrical boxes on the east side of the area. Due to a high
groundwater level the boxes were converted to pedestal boxes at a cost of$237,671.07.
• During construction the area around the existing lift station, behind the Lakeshore Center, required
additional stabilization which was achieved by re-grading the area at a cost of$21,925.
• To increase boat parking the existing landscape island at the boat ramp required reconfiguring. This
adjustment required additional curbing and brick pavers at a cost of$18,000.
A complete list of all the changes is summarized within the attached Change Order#3. The total net change to
the project for all changes contained in this change order is $183,337.24.
Funding Considerations:
Overall Project Funding: The Lakefront Park Improvements — Phase I Project's (#18502) covers multiple items
such as; planning and design service, permitting, public utility coordination expenses, and the construction. The
original overall project funding was $3,100,000.00 with $300,000.00 coming from Stormwater (Fund 317.) The
overall project funding was increased as a result of Change Order #1 by $66,944.67 (Utilities Funds) to
$3,166,944.67 to cover "Downtown Sewer" work (Project #17103a) and added to construction. Change Order
#2 increased the overall project funding by $90,000 to $3,242,940.67 and currently has $100,181.24
unencumbered. Change Order#3 increases overall project funding by $183,337.24 to $3,426,277.91.
Construction: The Lakefront Phase I Construction's contract amount, based on change orders #1 and #2, is
currently $2,841,003.76. An important note is: $285,996.00 of the original stormwater funds was used for
construction and stormwater work has been completed at a costing of $200,140.97. The restricted and unused
portion of the stormwater funds tallying $85,855.03 will be removed as a funding source for the construction.
Based on the removal of the stormwater dollars and use of a portion of unencumbered funds ($50,181.24),
construction funding shall still require an additional $183,337.24 to fund Change Order #3's adjusted Contract
amount of$3,024,341.76.
Issue:
Should the Mayor and Commission approve Change Order No. 3 to the Lakefront Park Improvement Project
(Phase I) and increase project funding.
Recommendations:
Motion for Mayor and City Commission to approve Change Order No. 3 to the Lakefront Park Improvement
Project (Phase I) in the amount of$183,337.24 and reallocate project funding as discussed in the Financial
Impact Section.
Attachments:
Change Order No. 3.
Financial Impact:
The Overall Project Funding as a result of Change Order #3 requires reallocation of $219,011.67 from the City
Hall — Lakefront Park II Project (#18501 {316-516-6302}) and the removal of stormwater funding in the amount
of$85,855.03. By this action a $50,000 contingency will be available in the Overall Project Funding.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading J( Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
iC Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. (ia_12 (IA9\e-a-t).-/es— N/A
Reviewed by 0 N/A
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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*
LAKEFRONT PARK IMPROVEMENTS
CHANGE ORDER NO. 3
DATE: November 5, 2019 PURCHASE ORDER: 1426014
The following changes are hereby made to the CONTRACT DOCUMENTS.
Original CONTRACT PRICE $2,724,956.00
Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDERS $2,841,003.76
Net Increase (Decrease) Resulting from this CHANGE ORDER $183,337.24
The current CONTRACT PRICE including this CHANGE ORDER $3,024,341.00
Original CONTRACT COMPLETION DATE: September 30, 2019
Current CONTRACT COMPLETION DATE adjusted by previous
CHANGE ORDERS December 19,2019
Net Increase Resulting from this CHANGE ORDER 0 days
Current CONTRACT COMPLETION DATE including this
CHANGE ORDER December 19,2019
Change Order#3(Commission) LAKEFRONT PARK IMPROVEMENTS
PHASE I
CHANGES ORDERED:
I. REQUIRED CHANGES
Changes to the Project are itemized as follows:
C3.01 - Marbek Proposal #5 for $14,322.33: Relocate Founder's Day stage power
to landscape island.
C3.02 - Marbek Proposal #6-rev for$8,297.09: Miscellaneous site related issues not
foreseen on drawings.
C3.03 - Marbek Proposal #7-rev for $20,234.25: Sod/grading in preparation for
Spring Fling.
C3.04 - Marbek Proposal #8-rev for$18,000.00: Demo concrete to add parking spaces
at boat ramp.
C3.05 - Marbek Proposal #9-rev for $1,434.70: Fence relocation at Oakland Ave.
C3.06 - Marbek Proposal #10-rev for $2,500.00: Flag pole relocation.
C3.07 - Marbek Proposal #11-rev for $1,021.68: Relocate Monuments.
C3.08 - Marbek Proposal #12-rev for$29,260.00: Dumpster enclosure.
C3.09 - Marbek Proposal #13-rev for $53,250.00: Supply light poles and fixtures.
C3.10 - Marbek Proposal #14-rev for ($165,233.38): Credits for stormwater exfiltration
system removal from scopes of work.
C3.11 - Marbek Proposal #15-rev for ($9,000.00): Credit for decorative fountain
removed from scope of work.
C3.12 - Marbek Proposal #16-rev for $19,348.75: Drainage system, Oakland Ave,
modifications.
C3.13 - Marbek Proposal #17-rev for ($2,070.00): Decorative boulders (3) elimination.
C3.14 - Marbek Proposal #20-rev for $1,940.08: Lakeshore Center yard drain
addition.
C3.15 - Marbek Proposal #21-rev for $2,620.11: Drainage inlet modification with
concrete top slab.
Change Order#3(Commission) LAKEFRONT PARK IMPROVEMENTS
PHASE I
C3.16 - Marbek Proposal #22-rev for $1,534.61: Drainage inlet modification with flat
steel plate.
C3.17 - Marbek Proposal #23-rev for $3,000.00: Removal of abandoned water line.
C3.18 - Marbek Proposal #24-rev for $3,416.00: Sidewalk addition at Lakeshore
Center.
C3.19 - Marbek Proposal #25-rev for $1,473.77: Layout control provided by City to
contractor was incorrect and required relocation of the dumpster's pad.
C3.20 - Marbek Proposal #26-rev for$14,511.16: Stormwater structure replacement
additional work to Item C3.12.
C3.21 - Marbek Proposal #30-rev for $4,170.15: Removal of abandoned water main
Oakland Ave.
C3.22 - Marbek Proposal #31-rev for$12,284.79: Additional erosion control due to
water line replacement.
C3.23 - Marbek Proposal #32-rev for $3,059.45: Temporary construction fencing for
Best Fest event continued maintenance of fence.
C3.24 - Marbek Proposal #35-rev for $1,173.00: North Parking lot stall
reconfiguration.
C3.25 - Marbek Proposal #37-rev for $2,573.49: Lower clinic service in conflict with
Oakland Ave construction.
C3.26 - Marbek Proposal #38-rev for$5,723.23: Restrain 6" water service to
Lakeshore Center.
C3.27 - Marbek Proposal #40-rev for $21,924.94: Ground stabilization around existing
lift station.
C3.28 - Marbek Proposal #44-rev for$35,043.38: Landscape changes consistent with
POWR program.
C3.29 - Marbek Proposal #45-rev for($2,965.00): Oakland Ave north parking removal
and reconfiguration.
C3.30 - Marbek Proposal #46-rev for$12,668.40: Regrading Oakland Ave at
Lakeshore Center entrance.
C3.31 - Marbek Proposal #47-rev for$7,038.00: Additional sodding each side of
Oakland Ave.
Change Order#3(Commission) LAKEFRONT PARK IMPROVEMENTS
PHASE I
C3.32 - Marbek Proposal #48-rev for $18,943.63: Temporary mulching and seeding
and irrigation Lakeshore Center parking lot.
C3.33 - Marbek Proposal #49-rev for $2,000.00: Remove pergola.
C3.34 - Marbek Proposal #50-rev for $27,671.07: Electrical inground boxes to
pedestal.
C3.35 - Marbek Proposal #51-rev for$2,991.15: Eliminate floor electrical fixture
fixtures at outdoor pavilion.
C3.36 - Marbek Proposal #52-rev for $1,290.30: Raise electrical boxes in Bill Breeze
field.
C3.37 - Marbek Proposal #53-rev for $4,953.61: Remobilization of roadway mixer for
Oakland Ave.
C3.38 - Marbek Proposal 54-rev for$2,932.50: Title. Lakeshore Center handicap
ramp modification.
II. JUSTIFICATION
Justifications to the Changes to the Project are itemized as follows:
C3.01 —This work was an addon to the contract. The existing panel serving the
Founder's Day stage was located such that it would be in the proposed sidewalk adjacent
to Lakeshore Dr. The panel was relocated and new feeder wires were run.
C3.02 - Miscellaneous items not included in the construction documents need to be
addressed; sidewalk removal, clean imported fill, and removal of unsuitable material.
C3.03 —To accommodate Spring Fling 2019: requiring contractor to work out of phase,
clean fill needed to be imported and solid sodding was required for public safety at
Lakeshore.
C3.04 - Existing landscape island at boat ramp had to be reconfigured requiring demo of
concrete requiring additional curbing and additional brick pavers to increase the available
boat parking.
C3.05 -Temporary construction fence placed on the north side of Oakland Ave had to be
relocated south of Oakland to assure separation of the public from construction area. This
work also required the relocation of construction fencing and City Hall drive to
accommodate pedestrian traffic.
Change Order#3(Commission) LAKEFRONT PARK IMPROVEMENTS
PHASE I
C3.06 - Existing flag pole was scheduled for relocation. The foundation was cast in
concrete making relocation impossible. A new pole was required.
C3.07 - This work was an add to the contract. The veteran monuments were to be
relocated by City (vendor) but could not be done in a timely manner. The work was
added to contract.
C3.08 - This work was an addon to the contract. The dumpster enclosure was originally
in the scope of service for the Lakeshore Center Expansion Project but was added to the
park project.
C3.09—The original contract called for poles supplied by Duke Energy. Duke provides
poles on a rental basis, but does not sell them. This added work covered the contractor
purchasing City selected poles and fixtures.
C3.10—This work was removed from the contract. The stormwater exfiltration system
proposed for the Lakeshore Center Parking had subsoil issues that would have required
cost prohibitive changes and was removed from the contract. (Stormwater Cost
$120,883.38.)
This Change Order work reduction included the removal of pavers from the south side of
Oakland Ave ($10,650), demo of sidewalks ($1,200), removal of landscaping at the boat
ramp construction ($2,500) and reduction in scope for POWR Park from original contract
documents ($30,000.) The result on the stormwater total is ($44,350.)
C3.11 - The ornamental fountain located east of the lakeshore center was removed from
the contract.
C3.12 - An existing drainage structure, Lakewood and Oakland, had to be modified to
accept the project's outfall. A conflict with stormwater RCP installation, in the north
parking lot, was in conflict with fiber optics cabling required changes to scope of work
and material.
C3.13 - Three boulders, called for in the contract documents, were eliminated.
C3.14 - A yard drain including piping was added to accommodate a down spout from
Lakeshore Center building (N.E. corner).
C3.15 —An existing p-inlet, located at the north east corner of the previous demo
driveway was modified to a manhole. The modified manhole is located in a new
landscape area. (Stormwater Cost $2,620.11)
C3.16—An existing ditch bottom inlet located in a proposed landscape area was
converted into a junction box by covering with a steel plate. (Stormwater Cost
$2,134.61)
Change Order#3(Commission) LAKEFRONT PARK IMPROVEMENTS
PHASE I
C3.17 - The work added to the contract was to remove an existing water line that
provided water service to the old fire station and water to fire hydrant (previously
removed) located near the on-site lift station. The line and hydrant had been abandoned
during the Bluford Streetscape project.
C3.18 —Modification of side walk at the Lakeshore Center. Work was originally part of
the Lakeshore project.
C3.19—The contract provide control for the layout for the dumpster added per item
C3.08 above was incorrect. The work was started but not completed work had to be
demolished and repositioned.
C3.20—During the work performed in Item C3.12 more conflict with existing drainage
structure was discovered. Work was halted and new alternative was agreed upon by staff
and contractor. This proposal amends (supplements) to the C3.12 item. (Stormwater Cost
$14,511.16.)
C3.21 - Removal of an abandoned water main replaced by the City (installed by
Barracuda) in the Oakland Ave that was in conflict with roadway. Re-mobilization cost
was addressed in Change Order#2, for the actual work.
C3.22—Addition erosion control required as a result of delays to the Oakland Ave Water
line replacement(See item C3.21.) The delay resulted in delays (no irrigation supply) to
sodding Bill Breeze field and flushing of the water line.
C3.23 —Install, maintain and removal of approximately 800' of orange fencing originally
for the chamber event (May 22, 2019.) The fencing remained in use until 10/2/2019.
C3.24—Modification to curbing for a parking stall in the north parking lot that was
improperly designed.
C3.25 - Lower existing sewer service (low pressure force main) from clinic due to
conflict with roadway.
C3.26—Restrain water service (6") to Lakeshore Center that was in conflict with
pavement construction.
C3.27 - Ground stabilization around existing lift station, control panel and electrical
service between Lakeshore buildings. Work include grading, fabric and 4" of crushed
stone.
C3.28—Increase due to landscape modification to address including of POWR
landscaping throughout campus.
C3.29—Credit for removal of brick parking and limited curbing for space north of
Oakland Ave.
Change Order#3(Commission) LAKEFRONT PARK IMPROVEMENTS
PHASE I
C3.30—Grading change to entrance of Lakeshore center of Oakland Ave including 25' of
pavement removal/curb and replacement with brick, and addition of ribbon curb transfers
roadway.
C3.31 —Addition of solid sodding each side of Oakland Ave due to brick pavement
removal (Item C3.29) and transition to proposed City Hall area.
C3.32 —Temp mulching and seeding in non-planting landscape areas in preparation of
Founder's Day. Install irrigation in landscape island and east of parking area for south of
Lakeshore Center parking lot.
C3.33 - Remove existing pergola at south west corner to Lakeshore Center.
C3.34—Due to high groundwater along Lakeshore sidewalk inground electrical boxes
shall need to be converted to pedestals (7.) Work will include two (2) new stub ups
including homerun wiring to Panel P2.
C3.35 - Removed floor/ground mounted fixtures and prepare rough in(box/wire) for
future use at outdoor pavilion.
C3.36 - Raise existing electrical boxes due to proposed grading of Bill Breeze field.
C3.37—Due to delays in removing electrical pole and underground utilities sub-
contractor had to do remobilization of roadway mixer.
C3.38 —Modification of handicap ramp from Lakeshore Center leading to City Hall (east
side.)
III. NARRATIVE OF NEGOTIATIONS
The parties discussed the work and negotiated a reasonable price for the job.
IV. PAYMENT
The additional project cost is being covered by Recreation Impact Fees (110-572-00-6302),
which has been previously added to the project.
V. APPROVAL AND CHANGE AUTHORIZATION
The original project and funding allocation were established by issuance of a CITY purchase
order, which is 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. The
above mentioned collectively recognize the terms of an agreement between the CITY and the
CONTRACTOR with respect to the performance requirements for the designated project. 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 prior action by the CITY
Change Order#3(Commission) LAKEFRONT PARK IMPROVEMENTS
PHASE I
Commission to award the work associated with the project 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 the contract price and time shown herein 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 associated with
the project 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
associated with the project set forth or contemplated by this Change Order.
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Change Order#3(Commission) LAKEFRONT PARK IMPROVEMENTS
PHASE I
•
RECOMMENDED BY: ACCEPTED BY:
CITY OF OCOEE, FLORIDA MARBEK CONSTRUCTION CO.
By: By:
Signature Signature
Date: Date:
Title: Title:
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
Change Order#3(Commission) LAKEFRONT PARK IMPROVEMENTS
PHASE I