HomeMy WebLinkAbout2002 11 25 Regular C Update on the Town Center Project
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COMMISSION AGENDA
ITEM C
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
November 25,2002
Meeting
MGR ~ IDEPT Jff
Authorization
REQUEST: Public Works Department Providing an Update on the Town Center Project
PURPOSE: The purpose of this Board item is to respond to Shane Doran's comments made at
the October 28th City Commission meeting regarding construction progress of the
Town Center Improvements and to provide information on other issues.
CONSIDERA nONS:
Questions were raised at the October 28th City Commission about the status of
various aspects of the Town Center infrastructure improvements. CPR Engineers is the
project manager for the City and they will present the attached responses to the issues
raised as well as answer any additional questions.
RECOMMENDATION:
It is recommended that the City Commission review the attached responses
and request any additional information that may be desired.
ATTACHMENTS:
1. Response to Issues
COMMISSION ACTION:
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Attachment No.1
ANALYSIS OF THE AGREEMENT TIMETABLES
The first agreement was dated August 1, 2000. A synopsis of the requirements of both
parties is contained on attachment A. We have not presented the agreement in detail, but have
attempted to itemize the basic obligations between the two parties.
At the request of both parties, the First Modification of the Agreement was agreed upon
and executed in August 2001. A new schedule was developed as a part of the modification to the
agreement and we have shown this schedule as Exhibit B. This schedule provided for an initiation
of construction on December 15, 2002 and a completion date of September 15, 2002. Due to
circumstances beyond the City's control, the completion date has slipped to February 19, 2003.
The Schedule in Exhibit B shows the actual dates of compliance under each scheduled item.
Through the evaluation of this project the city has made an extraordinary effort to keep
this project on schedule in spite of the many obstacles that have been encountered. We believe
that the city has acted in good faith and met the terms of the agreement and that the delays that
have occurred have been caused by force majeure (acts outside contract of the city),
Below are the issues raised by Doran at the October 28, 2002 City Commission Meeting relative
to the First Modification of the Developers Agreement.
SPECIFIC ITEMS DISCUSSED BY THE DEVELOPER
STORMW A TER SYSTEM - City Ball Retention Pond:
Allegation: Storm water will flood Publix if City Hall storm water pond is not in service.
Answer:
· City Hall retention pond was placed into service on November 5, 2002.
STORMW A TER RETENTION POND - Temoorary Pond
Allegation: The temporary pond on the northeast comer of the Doran property will flood the
parking lot and buildings until tied into Tuskawilla Road storm water pipe.
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Answer:
· The ground elevations in the temporary pond location are lower than the building finish
floor elevations. Therefore, the temporary pond should overflow towards Tuskawilla
Road rather than backing up into the buildings.
· The temporary pond should be eliminated on or before January 1,2003 when the parking
lot drainage system is tied into the Tuskawilla Road storm system.
SANITARY SEWER:
Allegation: Buildings 9 and 11 cannot open if sewer is not available by December 1, 2002.
Answer:
· The sewer system is constructed and was certified by FDEP on 11/20/2002.
MAIN STREET:
A. Allegation: Main Street construction not out to bid as of October 28, 2002.
Answer:
· Main Street was bid in November 28, 2001, and awarded on January 14, 2002 by the
Commission.
· A Notice of Award was issued on January 23,2002.
· A Notice to Proceed was issued to the contractor on February 5,2002.
B. Allegation: Rain has not caused delays in Main Street construction as evidenced by the fact
that the city has not authorized any rain delays.
Answer:
· No rain delay claim was made until September at which time sufficient rainfall data was
available to support the claim of the contractor.
· The contractor has claimed, to date, 114 rain day delays.
· The City has accepted 69 rain day delays. All claims related to rain delay were diligently
investigated and only approved based on data that revealed actual impact on the work.
C. Allegation: Main Street is behind schedule.
Answer:
· The completion date of the contract has been extended by 109 days changing the
completion date from November 2,2002 to February 19, 2003 for the following reasons:
1. Hickory Drive was required to be completed prior to the construction of
Tuskawilla Road.
2. Changes to the construction time of Hickory Park Road have pushed the
completion date of Tuskawilla Road back accordingly.
3. The approved contract extensions are as follows:
Change order 4 issued 9/6/02 extended contract 8 days.
· 2 days for SR 434/Hickory Modifications required by FDOT.
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· 6 days for additional time for bedding of pipe due to wet weather
conditions.
Change Order 5 issued 10/08/2002 extended contract 101 days.
. 69 day extension for rain delays
. 32 days for construction related activities as follows:
o 16 days for work related to parking modifications on Hickory Drive
to save trees and allow larger vehicles ease of access to spaces.
o 14 days associated with additional work on the sanitary lines,
addition of irrigation and electrical conduits, and boat ramp
modifications in the pond.
o 2 days associated with the temporary drive lane addition for
Hickory to tie into the existing Tuskawilla Road.
D. Allegation: Contractor did not begin construction of Main Street and Hickory Park Road on
time.
Answer:
· Based on the First Modification to Agreement, construction was to begin December 15,
2001 and the actual contract construction Notice to Proceed (NTP) date was February 5,
2002.
· Completion of construction is contingent upon Doran's conveyance of right of way, which
was to occur on March 6, 2001 (conveyance was to occur upon receipt of Doran receiving
Building permits).
· Doran did not convey right of way until October 9, 2002, delaying recordation until the
end of October 2002.
· Technically, construction should have been delayed until approximately November 1,
2002.
· However, the city agreed at its own risk to begin construction without right of way to help
Doran meet his obligations to Publix. Even though the City's contractor objected in
writing to proceeding without the right of way, he proceeded with the work to try and
help the City and Doran meet the contract completion dates.
STATE ROAD 434 - Doran Drive Intersection:
Allegation: Publix is demanding that the Doran Drive/SR 434 intersection be widened to
provide for easier truck access.
Answer:
· CPH submitted a design to FDOT including angular parking as demanded by Doran.
· DOT rejected the original design. They required changes to the entrance just west of the
Publix building and the installation of a raised concrete center lane divider.
· The City with the approval of Doran's engineer accepted the DOT's design requirements.
· After the City's contractor completed construction, Publix stated their vehicles were
having too much difficulty turning and wanted the turning radius widened to
accommodate easier turning.
· Based on actual field conditions, FDOT consented to the modifications.
· The new design necessitates rebuilding curbing and changing angular parking to parallel
parking.E
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· Doran's contractor is performing the work.
WEST mCKORY DRIVE - Intersection:
Issue:
Radius needs widening to accommodate turning movement of trucks.
Answer:
· Hickory was designed to accommodate the driveway connections provided by the
developer's engineer.
· Access design width provided by Doran's engineer does not provide adequate radius for
large trucks causing trucks to travel over curbing and encroaching into the median.
· The radius at the westernmost driveway intersection needs to be widened.
· This will require rebuilding curb and the loss of one to two parking space( s) as there will
be insufficient depth remaining in the space to park an average vehicle without conflict
with a turning truck.
· The city will proceed with making these modifications.
FRONTAGE ROAD INTERSECTION:
Allegation: Doran alleges the City did not complete the frontage road intersection at Main
Street by September 15, 2002 to meet his obligation to Publix.
Answer:
· Doran did not convey the right of way until October 15, 2002, delaying recording of the
right of way to the latter part of October.
· The City's Contractor has submitted a written objection to initiating construction in this
area without the right of way.
· To complicate matters, the Doran contractor for the Publix site removed dirt from the area
that was needed for construction of the intersection.
· As of this writing, Doran has yet to replace the material and to provide certification that
the area has been properly compacted for construction of a roadway.
· City will complete the intersection 90 days after satisfactory replacement of the material
including compaction testing.
STA TUS OF CONSTRUCTION CONTRACT
We have provided a synopsis of the approved Change Orders to the City's contractor as Exhibit
C. As stated, these change orders have extended the original contract completion date from
November 2, 2002 to February 19, 2003. The associated change orders approved by the owner
and the engineer are shown with the associated impact on the construction completion date.
Change orders one (1) through six (6) have been issued to the contractor for various changes in
the contract. Change orders 5 and 6 included additional 40-contract days for increased work and
for 69 rain delay days.
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ADDITIONAL ITEMS RAISED BY DORAN TO STAFF
1. Doran has indicated that Publix must have Tuskawilla Road open and not closed for
construction.
Maintenance of Traffic for Tuskawilla Road
The original concept for this project was to complete Hickory Blvd. and to use this road as
an alternate route during construction of Tuskawilla Road. In addition the contract
documents required that one lane remain open at all times on Tuskawilla Road throughout
construction.
a) Maintenance oftraffic (MOT) plan is required from the contractor. The MOT plan is
formulated by the contractor to match his sequence of work. The design plans do not
dictate how the MOT is carried out, only that one is required. The bid documents
provided a suggested basic sequencing plan and temporary asphalt (payment item) to
allow for the construction of temporary lanes in order to maintain traffic flow.
b) The contractor has stated that he cannot maintain traffic flow because it was decided that
the construction be performed with brick pavers in lieu of asphalt. CPR does not agree.
CPR believes that the concrete separation curbing allows for the construction to be
performed in a manner that allows traffic flow to be routed along the work in phases. The
contractor has not provided a planned MOT or other alternates that he can work with.
c) Naturally, it is more convenient to close Tuskawilla Road rather than work in phases
around traffic.
d) The city staff offered a compromise of maintaining one lane open south of the Publix
entrance on Tuskawilla and closing Tuskawilla between Hickory Drive and the Publix
entrance. No response has been received on this matter.
e) Initially, the city had suggested to School Board Officials that all school traffic be routed
through the traffic light at the Central Winds Park entrance. In March, we believed that
this was acceptable to the school. In August, the School Board officials stated that upon
further consideration, this traffic flow would not work. They did not want to have 100%
of all school traffic routed in this manner even with traffic control by Winter Springs
police. The city then developed an option of a temporary road to connect the school road
with Hickory Drive. This allows another connection during construction of Tuskawilla
Road. This road is contained within the ROW purchased by the city.
2. CPH has contacted FDOT regarding the installation of a full access signalized intersection
modification to the Doran Drive/SR 434 intersection. FDOT is receptive towards the
concept. Therefore CPR is proceeding with preparation of drawings for a formal submittal
to FOOT.
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EXIllBIT A
Summary of City Obligations - Doran Agreement August 2000
v. a. Water and Sewer Facilities - Complete plans and permitting within 12 months
(August 2000)
b. Hickory Grove Park Blvd. - Complete plans and permitting within 12 months
(August 2001)
c. Main Street - Complete plans and permitting within 12 months (August 2001)
d. Conceptual Stormwater - Complete and permit within 12 months (August 2001)
VI.a. Water and Sewer Facilities - Commence construction in 12 months (August 2001)
b. Main Street - Commence construction 12 months (August 2001)
c. Hickory Blvd. - Commence construction within 12 months of building permits beyond
Phase I (date unknown at that time)
Note: All dates for items referenced above were changed by the First Modification to Agreement
Summary of Doran Obligations - Doran Agreement August 2000
IV.a. Complete acquisition of the property promptly upon execution of the agreement.
b. Secure tenants.
c. Promptly commence design engineering and permitting of Phase 1.
d. Promptly commence stormwater application. Obtain stormwater permit in 12 months.
Vll.a. Upon receipt of building permits, convey Market Square and additional Right-of-Way.
(Building permit was issued March 6,2002.)
b. Any additional conveyances.
Right-of-Way conveyance complete October 15, 2002.
c. Diagonal parking conveyance,
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EXHmIT B
Source: First Modification of Agreement
Note: Items in bold are actual dates items achieved
SCHEDULE 1
Main Street Improvements
Design/Permitting
Commence Complete
6/26/00
6/26/01
11/01/01
9/28/01 - Actual
Bidding
Commence
Complete
11/15/01
Advertised 10/21/01
1/15/02
11/28/01 - Bid Date
Construction
Commence Complete
2/15/02
City Notice To Proceed
(NTP) issued 2/05/02
9/15/02
2/19/03 Scheduled Date
Hickory Grove Park Boulevard and Hickory Park North/South Extension Street
Design/Permitting
Commence
Complete
1/08/01
1/08/01
9/30/01
9/28/01 - Actual
Bidding
Commence
Complete
9/30/01
Advertised 10/21/01
11/15/01
11/28/01 - Bid Date
Construction
Commence Complete
12/15/01
City NTP 2/5/02
7/01/02
10/21/02 - Substantial Completion
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Stormwater Improvements
Phase lA (West)
Design/Permitting
Commence Complete
1/08/01
1/08/01
9/30/0]
7/05/01- FDOT Submittal
7/03/01- SJRWMD Submittal
7/15/01 - FDOT Received
11/13/01 - SJRWMD Received
Bidding
Commence Complete
9/30/01
10/21/01
(Advertised)
11/15/01
11/28/01 - Bid Date
Construction
Commence Complete
12/15/01
2/5/02 -
City NTP
7/15/02
10/21/02 - Substantial
Completion
Phase 1B (East)
Design/Permitting
Commence Complete
6/26/00
6/27/00
11/01/01
07/10/01- SJRWMD Submittal
11/13/01 - Received
Bidding
Commence Complete
11/01/01
10/21/01
(Advertised)
1/15/02
11/28/01- Bid Date
, Construction
Commence Complete
2/15/02 9/15/02
2/05/02 -City 2/19/03 - Contract end
NTP date
Public Sewer Service
Phase 1 A (West)
Design/Permitting
Commence Complete
1/08/01
CPR Auth.
9/30/01
6/01 - Permit Submitted
To Proceed 7/16/01- Permit Received
Bidding
Commence Complete
9/30/01
10/01/01
11/15/01
11/28/01
Phase IB (East)
Design/Permitting
Commence Complete
6/26/00
6/26/01
11/01/01
08/02/01 - Permit Issued
Bidding
Commence Complete
11/01/01
10/01/01
1/15/02
1/28/01
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Construction
Commence
12/15/01
2/5/02 -
City NTP
Certification
Complete
7/15/02
10/15/02 - FDEP Certification
Construction
Commence
2/15/02
2/5/02 -
City NTP
Public Water Service
Complete
9/15/02
12/15/02 - Anticipated date
of FDEP
Available for immediate use with sufficient pressure and flow.
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EXfDBIT C
Construction Contract Schedule
Notice to Proceed (270-day Contract)
Substantial Completion Date (Hickory)
Final Completion Date (Contract)
Change Order
#1
#2
#3
#4
#5
No Additional Days
No Additional Days
No Additional Days
8 Days
101 Days
(69 Rain Delay Days)
No Additional Day
#6
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Proposed Date
February 5, 2002
Actual
September 3,2002 Oct. 21,2002
November 2, 2002
November 10, 2002
February 19,2003