Item #02 Approval of Change Order No. 1 to 2nd Amend. Ocoee Commons PUD
AGENDA ITEM COVER SHEET
Meeting Date: January 16, 2007
Item # 2-
Contact Name:
Contact Number:
David Wheeler
407 -905-3100, ext. 1505
Reviewed By: ~ ~
Department Director: _ ~ J
City Manager: _--= == =--
Subject: Approval of Change Order No.1 to the Second Amendment to the Annexation and
Developer Agreement for Ocoee Commons PUD
Background Summary:
Under the Second Amendment to Annexation and Developer Agreement with Ocoee Commons LLC, a
sixteen inch wastewater force main and sixteen inch reuse main were installed through the Ocoee Commons
PUD development as part of the City's CIP program to relocate and upsize the force main on SR 50 and the
continued expansion of the reuse system. The project and the Agreement were approved by the City
Commission on October 19,2004. The pipelines were installed over the following twelve to fifteen months.
As part of the construction process, staff review of the project shop drawings determined that the plug valves
on the wastewater force main were not full port opening valves. The industry standard is a 80% opening
through the valve. The increased cost to provide full port opening plug valves was $9,790.50 for three 16-
inch and three 6-inch plug valves. Knowing the importance of this pipeline, staff felt the change was justified
and required the change during the shop drawing review and material purchase phases of the construction.
The developer provided a verbal quote on the cost increase but was not very diligent in delivering the
documentation to the City staff to process the change order. The project has been completed and facilities are
in operation at this time.
Issue:
Should the City Commission approve Change Order No.1 to the Second Amendment to Annexation and
Development Agreement between the City of Ocoee and Ocoee Commons LLC, the developer of the Ocoee
Commons PUD development.
Recommendations
The Engineering Department recommends that the City Commission approve the change to full port opening
plug valves and authorize the Mayor and City Clerk to execute Change order No.1 with Ocoee Commons
LLC.
Attachments:
Change Order No. 1
Financial Impact:
The cost of this change will be paid out of the 2003 Utility Bond Issue, where the original project was funded.
Type of Item:
o Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
~ Commission Approval
o Discussion & Direction
For Clerk's De/Jt Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
[8J Original DocumenUContract Attached for Execution by City Clerk
D Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by (Utilities)
I
\~/3~
o N/A
o N/A
o N/A
City Manag-er
Robert Frank
Commissioners
Danny Howell. District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker. District 4
Mayor
S. Scott Vanderg-rift
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
David A. Wheeler, P.E.
City Engineer
DATE:
January 4, 2007
RE:
Ocoee Commons Development and SR 50 Force Main Relocation and Reuse Water System
Extension
ISSUE
The Engineering Department requests that the City Commission approve Change Order No.1 to the Second
Amendment to Annexation and Development Agreement between the City of Ocoee and Ocoee Commons
LLC, the developer of the Ocoee Commons PUD development. The change order is to provide full port
opening plug valves for the new wastewater force main through the Ocoee Commons PUD development.
BACKGROUNDIDISCUSSION
The following is taken from the October 19,2004, Staff Report to the City Commission:
The wastewater force main that is located along SR 50 has been included in the 5 Year CIP for replacement and
relocation to take it off of SR 50 and upsize it to a 16-inch diameter pipeline. The preferred new route for the
force main would take the new pipeline along the proposed Maine Street alignment, through the Ocoee
Commons PUD development, cross country to City property and onto Clarke Road to reconnect to the existing
force main.
The existing force main on SR 50 is undersized for the flows it is required to handle. It needs to be up sized to a
16 inch diameter from its current size of 12 inch diameter to adequately handle the current flows, possible grow,
and to match the size of the force main on Clarke Road. The force main of SR 50 has experienced numerous
breaks over the past five years that have resulted in the discharge of untreated wastewater along Colonial Drive.
This is a violation of the City's wastewater permit with the Florida Department of Environmental Protection. In
addition, with the future widening of SR 50 looming on the horizon the City needs to relocate this vitally
important pipeline to a more accessible location and get it out from under the future roadway. FDOT is
requiring that this pipeline be moved or for the City to guarantee that no problems will occur once their road is
widened.
The upsizing of the reuse mains through the Ocoee Commons PUD development will start to fill in the gap
between the City's north and south service reuse service areas. The north service area is basically the Clarke
Road corridor, with the north entrance to the West Oaks Mall being the southern most point of service, and the
south service is the Maguire Road and Old Winter Garden Road Corridor, with the intersection of Blackwood
A venue and Old Winter Garden Road being the northern most point of service. The up sizing of approximately
3,000 linear feet of 8-inch diameter to 16-inch diameter pipe will allow the City to fill in a portion of the gap
between the large diameter pipelines in the north and south. The route through the Ocoee Commons PUD
development is one of the routes that staff looked at in connecting the service areas. Due to the cost savings of
upsizing the developer's required system saves the City money. This pipeline can be installed without working
in and around other utilities, roadways, landscaping, and the public.
Earlier this year the City Commission approved the employment of Design Services Group, Inc.(DSG), the
engineer of record for the Ocoee Commons PUD project, to provide design services for the force main layout
and routing through the development project. Staff and DSG have agreed on a layout that takes the new
pipeline through the Ocoee Commons PUD development in a west to east direction. This proposed layout will
not require any disruption to existing utilities and can be installed as part of the Ocoee Commons PUD and
significantly keep the City's cost down. In keeping the cost down, the construction does not include the
working in and around other utilities, roadways, landscaping, and the public.
The Ocoee Commons PUD development has started construction of its infrastructure and the development lays
along the proposed route for the new force main. Staff and DSG have worked through the developer,
Ustler/Fagan, Inc., with their contractor, JMHC, Inc. in getting representative costs to perform the work for the
force main and the reuse pipeline.
The proposed force main pipeline will be epoxy-lined ductile iron material to provide a much stronger material
than PVC with a lining that is non-corrosive to the wastewater. JMHC has provided a proposed cost of
$271,580 to install 2,070 linear feet of 16 inch force main, 1,690 linear feet of 6 inch force main (extension for
Health Central), and appropriate appurtenances. The up sizing of the reuse main is estimated to cost $104,869.
Staff has reviewed the cost estimates and recommends acceptance. The funds for the force main project were
included in the 2003 Utility Bond Issue.
The funds for the upsizing of the reuse main can be taken from 2003 Utility Bond Issue, staff feels the
opportunity to do this upsizing and start to fill in the gap between the reuse service areas for the proposed cost
would be an opportunity lost. Additionally, if the City is to wait until all the projects listed in the Bond Issue
were completed to use excess funds, the cost to this project could be 4 times or more to a similar project. Also,
the route allows for the City to install the pipeline as one of the initial utilities in the road right-of-way as
opposed to coming back years later and attempting to fit the pipeline in around the other utilities and everything
else that gets installed in the ROW.
Change Order No.1 is to provide full port opening plug valves on the wastewater force main, as opposed to the
standard port (80%) opening plug valves. The reason for this change is to lessen any restrictions within the
pipeline to allow for more efficient operations. Additionally, if the pipeline ever needed to be "pigged", the
plug valves would not be a problem. The industry standard for plug valves is an 80% opening, or that when the
valve is in the open position only 80% of the pipe is open. The valve restricts the full opening for liquid flow.
Knowing the importance of this pipeline, staff felt the change was justified and required the change during the
shop drawing review and material purchase phases of the construction. The developer provided a verbal quote
on the cost increase but was not very diligent in delivering the documentation to the City staff to process the
change order. The project has been completed and facilities are in operation at this time.
CITY OF OCOEE
Engineering/Utilities
150 North Lakeshore Drive
Ocoee, Florida 34761-2258
CHANGE ORDER NO. #1
CITY OF OCOEE
Ocoee Commons PUD
CONTRACTOR: Ocoee Commons LLC
DATE: January 8, 2007
AGREEMENT DATE: October 19,2004
The following changes are hereby made to the CONTRACT DOCUMENTS.
Original CONTRACT PRICE
Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDER
Net Increase Resulting from this CHANGE ORDER
The current CONTRACT PRICE including this CHANGE ORDER
ORIGINAL CONTRACT TIME:
253 Consecutive Calendar Days from Notice to Proceed
Current CONTRACT TIME adjusted by previous CHANGE ORDERS
Net Increase Resulting from this CHANGE ORDER
Current CONTRACT TIME Including this CHANGE ORDER
00842-1
$ 376,449.00
$ 376,449.00
$ 9,790.50
$ 386,239.50
Date: October 20. 2004
Date: June 30. 2005
Days: o Davs
Date: June 30. 2005
CHANGES ORDERED:
I. 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
This Change order work consists of installing full port opening plug valves instead of the industry standard 80% port
opening. This replacement took place during the material acquisition phase of the project.
III. JUSTIFICATION
The reason for this change is to lessen any restrictions within the pipeline to allow for more efficient operations.
Additionally, if the pipeline ever needed to be "pigged", the plug valves would not be a problem. The industry
standard for plug valves is an 80% opening, or that when the valve is in the open position only 80% of the pipe is
open. The valve restricts the full opening for liquid flow. Knowing the importance of this pipeline, staff felt the
change was justified and required the change during the shop drawing review and material purchase phases of the
construction.
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) Ouantitv ffiecrease) Price
Replace with full port opening plug valves LS I 9,790.50
Total Net Increase Change Order No. #4 $ 9,790.50
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:
OCOEE COMMONS. LLC
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 THIS 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
,
CHANGE
ORDER
AlA DOCUMENT G701
PROJECT:
(name, address)
Ocoee Commons
Ocoee, Florida
CHANGE ORDER #
DATE:
CONTRACT DATE:
TO CONTRACTOR:
(name, address)
JMHC, Inc.
2170 W S.R. 434, Suite 330
Longwood, FL 32779
CONTRACT FOR:
The Contract is changed as follows:
December 15, 2004
May 17, 2004
Site Improvements
Total:
$9,790.50
Remove and Replace 80% Plugs to 100% Plugs per City
of Ocoee Request.
NOT VALID UNTIL SIGNED BY THE OWNER, ENGINEER AND CONTRACTOR.
The original Contract Sum was .....................................................................................
Net change by previously authorized Change Orders..............................................
The Contract Sum prior to this Change Order was.....................................................
The Contract Sum will be increased by this Change Order in the amount of.......
The new Contract Sum including this Change Order will be....................................
$376,449.00
$0.00
$376,449.00
$9,790.50
$386,239.50
The Contract Time will be unchanged by 0 days.
The date of Substantial Completion as of the date of this Change Order therefore is unchanged.
NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed
Maximum Price which has been authorized by Construction Change Directive.
Design Service Group
ENGINEER
362 A South Grant Street
Longwood, FL 32750
Address
BY
PRINT
DATE:
JMHC, Inc.
CONTRACTOR
2170 W S.R. 434, Suite 330
Longwood, F 32779
Address
BY
!':tIC PRINT NAME: Samuel Metz VP 0 rations
DATE: December 15, 2004
2170 W. State Road 434, Suite 330 . Longwood, Florida 32779 . 407/865-7600 . FAX 407/865-7616
Visit us at: www.jmhc.cc