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12-02-14 Emergency Item #01 Re-assignment of Contract for Construction of a Lift Station and Forcemain with SB OCoee FDS, LLC to Stephens Barrios, LLC1 �` oco��P fIorida AGENDA ITEM COVER SHEET Meeting Date: December 2, 2014 Item # Erncr4,M cti Reviewed By: Contact Name: Charles K. Smith, P.E. Department Director: Contact Number: (407) 905 -3159 City Manager: Subject: Re- assignment of contract for construction of a lift station and forcemain with SB Ocoee FDS, LLC to Stephens Barrios, LLC. originally approved by City Commission September 16, 2014 (District 1 — Commissioner John Grogan) Background Summary: SB Ocoee FDS, LLC developed the Family Dollar Store on Wurst Road with an initial plan to use a septic tank - drain field system for sanitary disposal. The Downtown — Western Transmission Main Project scheduled for construction the summer of 2015 routes a 20" transmission main in the Wurst Road right -of -way in front of the Family Dollar Store. Due to mutual benefits that would be enjoyed by both Family Dollar and the City if a lift station and the needed portion of the transmission main was constructed and placed in service to support the Family Dollar, both parties agreed to work together to cause the construction. The lift station, earmarked as Station #62 - Wurst Commercial Area Lift station, will be capable of servicing the Family Dollar, Kangaroo Express /Chevron Pantry, Inc., the commercial parcels north of Wurst Road and some residential properties in the Spring Lake area. The needed transmission main extends from the Family Dollar Store to the east and along Wurst Road, under the railroad, east to the Ocoee Wastewater Treatment Facility entrance road tying into the existing 20" force main feeding into the facility. This work shall herein be referred to as the "Initial Phase of the Downtown —Western Transmission Main Project ". On September 16, 2014, the City Commission approved the awarding of the contract for the construction of Station #62 - Wurst Commercial Area Lift station and the Initial Phase of the Downtown — Western Transmission Main Project to SB Ocoee FDS, LLC in the amount of $469,324.10. Stephens Barrios, LLC is the primary operating company which oversees Barrios Engineering, LLC. , SB Ocoee FDS, LLC. Barrios Engineering, LLC. is a design firm for civil engineering projects such as Family Dollar. Occasionally, Stephens Barrios, LLC. creates limited liability corporations for specific purposes with limitation in life (less than 1 yr.) An example was the creation of SB Ocoee FDS, LLC used in the development of the Family Dollar Store. Due to the nature of these specific purpose entities (SPE's), liability insurances are limited in scope and magnitude, insuring individually for a specific project. Thus Stephens Barrios LLC. is requesting the reassignment to the parent company which maintains insurance levels consistent with City requirements. The reassignment will not alter the project management team or approved contractor. Issue: Should the City reassign the contracting of construction with SB Ocoee FDS, LLC to Stephens Barrios, LLC. for the construction of the Wurst Commercial Area Lift station System and Initial Phase of the Downtown — Western Transmission Main Project in the amount of $469,324.10? Recommendations: The Engineering and Utilities Department recommends the reassignment of the contracting of construction with SB Ocoee FDS, LLC. to Stephens Barrios, LLC. for the construction of the Wurst Commercial Area Lift station System and Initial Phase of the Downtown —Western Transmission Main Project in the amount of $469,324.10. Attachments: 1) September 16, 2014 (Original Approved) Agenda Cover 2) Letter requesting reassignment by Carlos A. Barrios, P.E., Barrios Engineering, LLC. 3) Stephens Barrios LLC, ACORD Certificate of Liability Insurance. Financial Impact: There are no financial changes as a result approval on the recommendation. Type of Item: (please mark with an x') Public Hearing For Clerk's Dept Use Ordinance First Reading XX Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction Uriginal t)ocument/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 () N/A N/A N/A 2 OCOC�C? ti orido AGENDA ITEM COVER SHEET Meeting Date: September 16, 2014 Item # Contact Name: Contact Number: David A. Wheeler, P.E. (407) 905 -3100, ext. 1504 Reviewed By. Department Director: City Manager: Subject: Contract with SB Ocoee FDS, LLC to install a sanitary sewer lift station and a portion of the Downtown — Western Force Main Project as a part of the Family Dollar project (District 1 — Commissioner John Groaan) Background Summary: SB Ocoee FDS, LLC is close to completing construction of the Family Dollar Store on Wurst Road. The initial design had the commercial complex using a septic tank and drain field to handle the sanitary waste for the facility. The customers of the City's sanitary sewer system in this area are all on privately owned septic systems. Staff has worked with the developer and their engineer to site, design and construct a lift station that will not only serve the Family Dollar store, but the adjacent Kangaroo Express /Chevron Pantry, Inc., the commercial parcels across Wurst Road, and possibly some of the residential properties in the Spring Lake Circle subdivision. SB Ocoee FDS, LLC has committed the funds that they would have spent to install the septic system for the Family Dollar store and had its engineer design and permit the lift station. That amount was $5,500.00. The total cost to install the lift station is $37,429.00. The remainder of the funds ($31,929.00) needed to install the lift station will come from already budgeted funds in the annual "Sewer and Reclaim Line Upsize Associated with Development" Program. Capital Charges collected from the Family Dollar store were $19,102.35 ($3,085.80 for Water and $16,016.55 for Sanitary Sewer). In addition, the City awarded a small design project to Stephens Barrios, LLC to complete final design of the force main to run from the Family Dollar property on Wurst Road to the wastewater treatment facility on A.D. Mims Road, approximately 1800 feet to the east. SB Ocoee FDS, Inc. has secured bids from four contractors to install the 1800 linear feet of force main from the Family Dollar store to the A.D. Mims WWTF. The installation of this portion of the force main will allow the new lift station to pump to the A.D. Mims WWTF and not require either SB Ocoee FDS, Inc. or the City to pump out the lift station until the final design and construction of the Downtown — Western Force Main Loop has been completed. The larger project will be at least one year if not longer to complete and neither the developer nor the City wants to be responsible for pumping the lift station that long. SB Ocoee FDS, Inc. has selected Central Florida Environmental Corporation as the lowest responsive bidder for the project. SB Ocoee FDS, Inc. proposal is for $437,395.10; including CFE Corp.'s construction bid of $421,655.44, a not to exceed amount of $3,000 for geotechnical and material testing, and 3% markup by SB Ocoee FDS, Inc. SB Ocoee FDS, Inc. and their consultant, Stephens Barrios, LLC have secured the Florida Department of Environmental Protection wastewater and Central Florida Railroad permits. Staff has reviewed the bid and believes the unit prices are in line with similar projects. Issue: Should the City contract with SB Ocoee FDS, LLC to install a sanitary sewer lift station and a portion of the Downtown — Western Force Main Project as a part of the Family Dollar project? Recommendations: The Engineering and Utilities Department recommends that the City Commission approve the following items to be constructed as part of the Family Dollar store: 1) Contract with SB Ocoee FDS, LLC in the amount of $31,929.00 to install a sanitary sewer lift station and authorize staff to proceed through the Purchase Order process to complete the work. 2) Contract with SB Ocoee FDS, LLC in the amount of $437,395.10 to install a portion of the Downtown — Western Force Main Project from the Family Dollar property to the A.D. Mims WWTF and authorize staff to proceed through the Purchase Order process to complete the work. Staff also recommends that the City Manager be authorized to approve change orders to this purchase order up to the limit of his purchasing authority for each change order and up to the budgeted amount of 5% of project ($21,869.76) for all change orders. Attachments: 1) Proposal for the installation of a lift station from SB Ocoee FDS, LLC dated September 15, 2014 2) Proposal for the installation of a portion of the Downtown — Western Force Main Project from the Family Dollar property to the A.D. Mims WWTF from SB Ocoee FDS, LLC dated September 15, 2014 Financial Impact: 1) The money to cover the City's share of the lift station installation shall to come from the annual "Sewer and Reclaim Line Upsize Associated with Development" Program (405- 535 -00- 6302). The F.Y. 2014 funding level was $40,000 leaving a remaining unspent amount of $8,071.00. 2) The money to pay for the portion of the Downtown — Western Force Main project ($459,269.86), City project no. 31107, will be included in the 2014/15 budget under this project in account 401- 531 -00- 6302, contingent upon City Commission inclusion of the funds in the 2014/15 Fiscal Year Budget. Type of Item: (please mark with an x') Public Hearing For Clerk's Dept Use Ordinance First Reading XX Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda 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. Reviewed by () N/A N/A N/A 2 December 1, 2014 R 05 ENC;INEF'INt;, LLC?. City of Ocoee Utility Department Charles Smith, PE - Director 1800 A.D. Mims Road, Ocoee, FL 34761 RE: Reassignment of contract from SB Ocoee FDS, LLC to Stephens Barrios, LLC Mr. Smith, Due to the Insurance Requirements from the City of Ocoee, we respectfully request to assign the contract to install a sanitary sewer lift station and a portion of the Downtown — Western Force Main Project as a part of the Family Dollar project from SB Ocoee FDS, LLC to Stephens Barrios, LLC. Stephens Barrios, LLC carries all the insurances required by the City of Ocoee. I want to thank you in advance and apologize for the inconvenience. Sincerely, Carlos A. Barrios, PE Partner STEPH -5 OP ID: RA 14 <7"R" CERTIFICATE OF LIABILITY INSURANCE D 1 11 /13 /1113/22014 014 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Fleming Enterprises, Inc. 2208 Hillcrest Street Orlando, FL 32803 Brant E. Fleming CONTACT Rebecca Abercrombie PHONE FAx A c No Ext •407- 422 -6611 A C N 407 - 423 -7837 SS: rebecca flemin a enc .net - ADDRESS, PAS004845279 07114/2014 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Foremost Insurance DAMA RENTED PREMISES Ea occurrence INSURED Stephens Barrios LLC Barrios Engineering LLC 823 Irma Ave INSURER B: MED EXP (Any one person) INSURER C: GEN'L X PERSONAL & ADV INJURY Orlando, FL 32803 INSURER D: GENERAL AGGREGATE INSURER E: PRODUCTS - COMP /OP AGG $ 2,000,00 INSURER F: $ A COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVQ POLICYNUMBER POLICY EFF MM /DD/YYYY I POLICY EXP (MM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR PAS004845279 07114/2014 07/14/2015 EACH OCCURRENCE $ 1,000,00 DAMA RENTED PREMISES Ea occurrence $ 1,000 00 MED EXP (Any one person) $ 10,000 GEN'L X PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER POLICY PRO- JECT 7 LOG OTHER: GENERAL AGGREGATE $ 2 ,000,00 PRODUCTS - COMP /OP AGG $ 2,000,00 $ A AUTOMOBILE LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS I x PAS004845279 07/14/2014 07114/2015 BINED SINGLE LIMIT CEa OMa.'d, $ 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE PAS004845279 07/14/2014 07/14/2015 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 DED I X I RETENTION $ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC0466502403 03104/2014 03/04/2015 X STATUTE E E.L. EACH ACCIDENT $ 100,00 E.L. DISEASE - EA EMPLOYE $ 10,000 E.L. DISEASE - POLICY LIMIT I $ 500,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is additional insured in regards to general liability when required in a written contract. 19 is I I a19G\1 We i PJIII NJ a0 City of Ocoee 150 N Lakeshore Dr Ocoee, FL 34761 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD