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Home My Public Portal About2007-24 Change Order # 4 to Contract with MRESOLUTION NO. 2007-24 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING WOODCREST TO FERNWOOD PORTION OF HARBOR DRIVE IMPROVEMENT PROJECT; AUTHORIZING FOURTH CHANGE ORDER TO CONSTRUCTION CONTRACT BETWEEN THE VILLAGE AND M. VILA AND ASSOCIATES, INC., IN ORDER TO PROVIDE FOR CERTAIN WORK ON HARBOR DRIVE AS EXTENSION OF WORK TO BE DONE BY THE CONTRACTOR OF THE CRANDON BOULEVARD IMPROVEMENTS — PHASE II AND III PROJECTS; PROVIDING FOR APPROVAL OF CHANGE ORDER NO. 4 TO CONTRACT FOR CONSTRUCTION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to public bidding process, the Village previously entered into a contract for construction of Crandon Boulevard Improvements — Phase II with M. Vila and Associates, Inc.; and WHEREAS, subsequently, the Village solicitated competitive bids for the construction of Crandon Boulevard Improvements — Phase III (the "Crandon Project"); and WHEREAS, no responsive bid was received by the Village concerning the construction of Crandon Boulevard Improvements — Phase III; and WHEREAS, accordingly, pursuant to Section 255.20(1)(c)(2), Florida Statutes, the Village Council found that the mandatory competitive bidding requirements of that statute were rendered non - applicable for Phase III of the Crandon Project since competitive bids were solicited but no responsive bid was received; and WHEREAS, the Village Council further found, upon advice of the Village Attorney, that the Village Council may waive the competitive bidding required by the Village Code pursuant to Village Code Section 2-85, upon the Council finding, as it did find, that it was impractical to again apply such competitive apply such competitive bidding procedures in light of the need to expeditiously commence and complete the Crandon Boulevard Improvements — Phase III, and that further efforts at competitive bidding were not otherwise mandated by state law, as described above; and WHEREAS, the Village Project Engineer and Owner's Representative successfully negotiated a proposed change order with M. Vila and Associates, Inc., the Crandon Boulevard Improvements — Phase II contractor (the "Contractor"), for the extension of the services of the Contractor for the Crandon Boulevard Improvements — Phase III, as described in Resolution No. 2006-43; and WHEREAS, work is presently underway for Phase III of the Crandon Project; and the Contractor presently has mobilized work crews which are readily available; and WHEREAS, the Village Council, upon advice from the Village Manager and the Project Engineer ("C3TS") and the Village's Owner's Representative, now finds that it is necessary to expeditiously implement and construct a certain segment (the "Woodcrest to Fernwood Project") of the Harbor Drive improvement project (the "Harbor Drive Project") which is a project that begins where the Phase II of the Crandon Project had ended; and WHEREAS, the Woodcrest to Fernwood Project is in the vicinity of Phase II and Phase III of the Crandon Project, at an area which directly fronts schools and churches on Harbor Drive, and it is necessary to complete the construction of the Woodcrest to Fernwood Project during the summer months, so as to avoid conflict with school and community facility operations and to mitigate traffic disruption; and WHEREAS, upon advice from the Village Attorney, the Village Council finds that the Village Council may waive the competitive bidding required by the Village Code for the Woodcrest 2 to Fernwood Project pursuant to Village Code Section 2-85, upon the Council finding, as is hereby found, that it is impractical to apply competitive bidding procedures in light of the need to expeditiously commence and complete the Woodcrest to Fernwood Project during the school recess, and that competitive bidding is not mandated by State law for the Woodcrest to Fernwood Project since the cost of that project does not exceed the bidding threshold of Sec. 255.20 (1), Florida Statutes, as adjusted by Sec. 255.20(2), Florida Statutes; and WHEREAS, the Village's Project Engineer and Owner's Representative have successfully negotiated a proposed change order (the "Change Order No. 4") with the Contractor for the extension of the Crandon Project services of the Contractor for the Woodcrest to Fernwood Project, as described herein; and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this Resolution. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Agreement Approved, Specification of Funds, Conditions. A. Change Order Approved: That the Change Order No. 4 to the Contract for Construction (the "Agreement"), in substantially the form attached hereto, between the Contractor and the Village for construction of the Woodcrest to Fernwood Project is hereby approved, and the Village Manager is hereby authorized to execute the Agreement on behalf of the Village, once approved as to form and legal sufficiency by the Village Attorney, and subject to the provisions and 3 conditions of this Resolution. B. Funding Source: (i) That funding for the Woodcrest to Fernwood Project shall be provided through funding allocated to the Master Plan Initiatives, and in accordance with the Village Manager's Memorandum which accompanies this Resolution. (ii) That the total cost of the work for the Woodcrest to Fernwood Project shall not exceed the dollar amount specified in Change Order No. 4 and shall, in any event, not exceed Two Hundred Fifty Thousand ($ 250,000.00) Dollars, in the absence of further Village Council authorization. C. Conditions: That the Agreement shall be subject to the condition precedent that Village funds are available and budgeted for the accomplishment of the Work for this Woodcrest to Fernwood Project. Further, the approval of the Agreement shall be subject to the following conditions, which shall be incorporated into the Agreement by reference, as follows: (i) Contractor agrees that in the event that a referendum or initiative measure is adopted at an election by the majority of the electors of the Village voting on such measure, which operates to prohibit the construction of the Woodcrest to Fernwood Project, the Village Council shall have the authority, within thirty (30) days after any such event, to terminate the Contract by providing written notice of termination to the Contractor. In the event of such termination, the Village shall not be liable to Contractor for payment of any supplemental compensation, penalties, damages, loss of profits, termination fee or demobilization fee as a result of such termination, and the Contractor shall only be paid by the Village in accordance with the Contract, for the portion of the Work for the Woodcrest to Fernwood Project which has been performed by Contractor up to the time of notice of termination of the Contract. The Contractor shall be entitled to recover from the Village payment for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, and profit earned on the Woodcrest to Fernwood Project prior to the date of 4 termination. (ii) Pursuant to Village Charter Section 3.07(b), this Resolution shall serve as the capital project authorizing Resolution for the Woodcrest to Fernwood Project, and a further authorizing resolution or ordinance, as applicable, shall be required for the remaining portions of the Harbor Drive Project. Section 3. Implementation. That the Village Manager is hereby authorized to take any action which is necessary to implement the purposes of this Resolution and the Agreement. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 5th day of June , 2007. CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY /I.1.f VILLAGE ATTORNEY MAYOR ROBERT L. VERNON F:\100\103001 \Resolutions\Approval of Change Order NUMBER 4 Construction Contract M Vila 05-29-07.doc 5 CHANGE ORDER NO 4 Project: Crandon Boulevard Improvements Phases 11 / III Date of Issuance: 6 -Jun -07 Owner. Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 Contractor: M Vila & Associates, Inc. 12097 NW 98th Avenue Hialeah Gardens, Florida 33018 Contract for: Project involves full streetscape construction including drainage, curbin, sidewalks, paver installation, landscaping, irrigation, signalization modifications, bus shelters, and electrical work. Engineer: Corzo Castella Carbalto Thompson Selman, P A. 901 Ponce de Leon Boulevard, Suite 900 Coral Gables, FL 33134 Engineer's Project No.: 01108-007/010 You are hereby directed to make the following changos in tho Contract Documents: Description: Add the work coveied in this change order to the Phase III work currently under construction via this contract. This change order work was approved by Village Council on June 5, 2007 This change order is subject to each of the conditions which are expressly stated in the Village Council Resolution which approved this change order, as if set out in full herein. Summary of Additional Work: Work for this Change Order comprises demolition, drainage, curb, paver, sidewalk and asphalt work along the north side of Harbor Drive from Woodcrest Road to Fernwood Road. The work covered by this change order is to be substantially complete by 08/17/07. Purpose of Change Order: To incorporate the above described work as approved by Village Council Attachments (List of documents supporting change): 1 M. Vila proposal dated 5/30/07. CHANGE IN CONTRACT PRICE: Original Contract Price $4,778,621.35 Original Contract Time CHANGE IN CONTRACT TIME: 330 DAYS Previous Change Orders $5,065,743 42 Net Change from Previous Orders 468 DAYS Contract Price Prior to this Change Order $9,844,364.77 Contract Time Prior to this Change Order 798 DAYS Net Increase of this Change Order $250,000 00 Net Increase of this Change Order 0 DAYS Contract Price with all approved Change Orders $10,094,364.77 Contract Time with alt approved Original Contract Completion New Contract Completion date Change Orders' 798 DAYS date 6/9/2006 9/20/2007 Recommend Approval: Approv . Approved: Engineer Ramon Castella, P.E. / tit Owner Jacqueline Menendez Village Manager Contractor Miguel Vila L /Clerical/Prolects/1108-007 0010/Miscolianeous/ChangeOrder 04 xis Page 1 of 1 05/30/2007 15:13 3058260004 M VILA 5 ASSOCIATES PAGE 02 M Vila & Associates Inc. 12097 NW 98 Ave Phone: 305-821-1226 Hialeah Gardens, FL 33018 Fax: 305-826-0004 PROPOSED CHANGE ORDER No. 00013 TITLE: Harbor Dr. Irnprov. PROJECT: Crandon Blvd. Ph. 3 TO: Attn: Ramon Castello. Corzo Castella Carbolic) Thompson Sal 901 Ponce de Leon Boulevard, Suite 9 Coral Gables, Florida 33134 Phone: 305-445-2900 Fax: 305-445-3366 �� yTRE: To: From: s`+LIV. tikid.4['.4i\V 'siii4 • ;• • R�. T'". :;tlt. t'L• 'itli '' S DATE: 5/30/2007 JOB: CONTRACT NO: MVA279 Number: > , . Y Proposal includes riew paver parking areas, curbing, drainage, sidewalks and asphalt. Proposal excludes landscaping and electrical. Unit Cost: Unit Tax: Lump Sum: Lump Tax: Total: 50.00 50.00 5250,000.00 50.00 5250,000.00 APPROVAL: By: Miguel Vila Date: /,3o%a7 Expedition By: Ramon Castella Date: 05/30/2007 15:13 3058260004 M VILA & ASSOCIATES PAGE 03 PROPOSAL M. VILA & ASSOCIATES, INC. 12097 NW 98th Avenue Hialeah Gardens FL. 33018 Contact: Miguel Vila Phone: (305) 821-1226 Fax: (305) 826-0004 Quote To: C3TS Attn: Ramon Castella Phone: F io!ZName: Pate of Plans: Revision Date: Harbor Dr. Improvements ITEM DESCRIPTION 'UNIT — 10 1.00 LS 20 1.00 30 7,070.00 SF 40 2.00 EA • 50 2.00 EA 60 45.00 LE 70 3.00 EA 75 Adjust Exist Manhole/V slue 8.00 80 Conc Curb &Gutter (Type ")~")(Color) 720.00 LP 90 850.00 LP 100 Conc Curb (Tyge "D")(Color) 1,170.00 LF 110 4" Conc Sidewalk (Color) 9,537.00 SF 115 6" Colic Sidewalk (Color) 1,230.00 120 Conc Header Band (Color) 106.00 LF 130 Pavers over 8" Limerock, 1" Sand 3,690.00 140 Pavers over 8" Couc, Slab 500.00 SF 145 New As .halt Driveways w/8" Limerock & 1" Asphalt 423.00 SY 150 1" Asphalt Overlay , 3,200.00 SY GRAND TOTAL NOTES: 1. 1. 6eiate.c� t -MV 4f0 7 Page 1 of 1