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Home My Public Portal About2007-25 Change Order # 5 to Contract with MRESOLUTION NO. 2007-25 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING CONSTRUCTION OF CRANDON BOULEVARD UTILITY CROSSINGS AS AN ADDITION TO THE WORK OF THE CRANDON BOULEVARD CONTRACTOR IN ORDER TO AVOID CONFLICT WITH THE PENDING WATER, SEWER AND RECLAIMED WATER PROJECT; AUTHORIZING FIFTH CHANGE ORDER FOR CONSTRUCTION CONTRACT BETWEEN THE VILLAGE AND M. VILA AND ASSOCIATES, INC., IN ORDER TO PROVIDE FOR UTILITY CROSSING WORK AS ADDITIONAL WORK OF CRANDON BOULEVARD IMPROVEMENTS — PHASE III PROJECT ; PROVIDING FOR APPROVAL OF CHANGE ORDER NO. 5 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 solicited 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 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 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 it is essential that the utility crossing work (the "Utility Crossing Work") for the presently pending Phase 2 and 3 of the Villages Water, Sewer, Reclaimed Water Project (which is in final regulatory permitting) be accomplished before the construction of roadwork in Phase III of the Crandon Project; and WHEREAS, if the Utility Crossing Work is not done now, the completion of the Crandon roadwork will be severely delayed and cause traffic disruptions or will expose the Crandon roadwork to subsequent damage and destruction by the Water, Sewer, Reclaimed Water Project; and WHEREAS, because of the pendency of the Water, Sewer, Reclaimed Water Project, it is now essential and inherent to the design and completion of Phase III of the Crandon Project that the Utility Crossing Work must be done as part of the Phase III Crandon Project in order to properly accomplish Phase III of the Crandon Project and to avoid and remediate the utility conflicts to the Phase III Crandon Project which would otherwise be caused by the Water, Sewer, Reclaimed Water Project; and WHEREAS, the Village Council, upon advice from the Village Manager, the Project Engineer ("C3TS"), and the Village's Owner's representative, now finds that it is necessary to expeditiously implement and construct the Utility Crossing Work as part of Phase III of the Crandon Project; 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 Utility Crossing Work 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 work in advance of the Water, Sewer, Reclaimed Water Project, and that further competitive bidding is not mandated by State law since the work is inherent in the proper accomplishment of Phase III of the Crandon Project in that it serves to avoid utility conflicts for Phase III of the Crandon Project, and WHEREAS, the Village's Project Engineer and Owner's Representative have successfully negotiated a proposed change order with the Contractor for the necessary additional work of the Contractor for the Utility Crossing Work, 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. 5 to the Contract for Construction (the "Agreement"), in substantially the form attached hereto, between the Contractor and the Village for construction of the Utility Crossing Work 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 conditions of this Resolution. B. Funding Source: (i) That funding for the Utility Crossing Work shall be provided in accordance with the Village Manager's Memorandum which accompanies this Resolution, and shall be provided through the funding sources of the Village's Water, Sewer, Reclaimed Water Project. (ii) That the total cost of the Utility Crossing Work shall not exceed the dollar amount of Three Hundred Thirty -Seven Thousand, Sixteen Dollars and Seventy -One Cents ($ 337,016.71) Dollars as specified in the Change Order No. 5, 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 accomplishment of the Utility Crossing Work.. 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 Utility Crossing Work or prohibits the financing of the construction of the Water, Sewer, Reclaimed Water Project in accordance with the plans; 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 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 Utility Crossing Work Project prior to the date of termination. (ii) Pursuant to Village Charter Section 3.07(b), this Resolution shall serve as the capital project authorizing Resolution for the Utility Crossing Work, supplementing the authorization previously made through Ordinance No.2006-4 (Crandon Project Phase III) and Ordinance No.2006-6 (Water, Sewer 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. MAYOR ROBERT L. VERNON A/ CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY F:\100\103001\Resolutions\Approval of Change Order NUMBER 5 Construction Contract M Vila 05-29-07 doc CHANGE ORDER NO 5 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 Carballo Thompson Selman. P.A. 901 Ponce de Leon Boulevard, Suite 900 Coral Gables, FL 33134 Engineer's Project No.: 01108-0071010 You are hereby directed to make the following changes in the Contract Documents: Description: Add the work covered 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 expressedly 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 utility work to be performed in support of the Village's Zone 2 and 3 water, sewer and reuse project at the intersections of Crandon / W Enid Drive, Crandon / W. Wood Drive, and Crandon / W Mashta Drive to install 2 water mains, 1 force main and 2 reuse water lines across Crandon Boulevard, prior to intersection reconstruction with pavers 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 5/23/07 CHANGE IN CONTRACT PRICE Original Contract Price $4,778,621.35 Original Contract Time CHANGE IN CONTRACT TIME 330 DAYS Previous Change Orders' $5,315,743.42 Not Change from Previous Orders 468 DAYS Contract Price Prior to this Change Order. $10,094,364.77 Contract Time Prior to this Change Order 798 DAYS Net Increase of this Change Order $337,016.71 Net Increase of this Change Order 90 DAYS Contract Price with all approved Change Orders: $10,431,381.48 Contract Time with all approved Original Contract Completion Now Contract Completion date. Change Orders 888 DAYS date. 6/9/2006 12/19/2007 Recommend Approval. Approve ;.........„,.......76v_r...7_,V4 Approved: Engineer Ramon Castella, P.E. Owner Jacqueline Menendez Village Manager Conirar.m Miguel Vila t- IClericai;Protocts11108.007 0010/Miscoilaneous/ChangeOrdor 85 xis Page 1 of t 05/30/2007 14:33 3058260004 M VILA & ASSOCIATES PAGE 02 M Vila & Associates Inc. 12097 NW 98 Ave Hialeah Gardens, FL 33018 Fax: 305-826-0004 Phone: 305-821-1226 PROPOSED CHANGE ORDER No. 00012 TITLE: Utility Installations PROJECT: Crandon Blvd. Ph. 3 TO: Attn: Ramon Castella Cozzo Castella Carballo Thompson Sal 901 Ponce de Leon Boulevard, Suite 9 Coral Cables, Florida 33134 Phone: 305-445-2900 Fax: 305-445-3366 RE: PCO To: C3TS DATE: 5/23/2007 JOB: CONTRACT NO: MVA279 From: MVA Number: 00012 DESCE rtit i O VPOSAL a.. * :'10 Proposal for installation of Water Main, Force Main and Reuse on various intersection throughout Crandon Blvd. (i.e. W. Enid Dr., W. Mashta Dr. and W.Wood Dr.). Time Extension Required: 90 days Ltem -'�i3e Ptf'611' "€rn - ". tpcic# ° :.Q;aa t;. t riffs C c x.Aii3i#ii t`,1Sie..t Amen ut 00001 W Enid Dr. 8"'WM 00002 W. Raid Dr. 8" FM 00003 W. Wood Dr. 10" WM 00004 W. Wood Dr. 12" Rouse 00005 W. MaslxtaDr. 12" Rbusc APPROVAL: By: Miguel Vila Date: ✓fre/a7 1.000 LS 1.000 1,S 1.000 LS 1.000 LS 1.000 LS $45,087.34 0.00% 561,086.54 0.00% $82,895.51 0.00% S93,865.96 0,00% $54,081.36 0.00% Unit Cost: Unit Tax: Lump Sum: Lump Tax: Total: By: Date: $0.00 $45,087.34 $0.00 $61,086.54 $0.00 $82,895.51 $0.00 $93,865.96 $0.00 $54,081.36 $337,016.71 $0.00 $0.00 $0.00 $337,016.71 Ramon Castella 1 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: City of Key Biscayne Phone: Fax: Job Name: Date of Plans: Revision Date: Crandon Blvd Water Main/Force Main ITEM DESCRIPTION QUANTITY UNIT AMOUNT 1 W. END DRIVE / 8" DIP Water Main 1 12"x8" Tapping Sleeve & Tapping Valve 1.00 EA 1 8" Gate Valve 1.00 EA 1 8" DIP Water Main 140.00 LF 1 8" Plug 1.00 EA . 1 Road Restoration w/8" Limerock & 1.5" Asphalt 190.00 SY , SUBTOTAL W. END DRIVE / 8" DIP WM S45,087.34 2 W. END DRIVE / 8" DIP Force Main 2 12"x8" Tapping Sleeve & Tapping Valve 1.00 EA 2 8" Plug Valve 1.00 EA 2 8" DIP Force Main 180.00 LF 2 8" Plug 1,00 EA 2 Road Restoration w/8" Limerock & 1.5" Asphalt 270.00 SY SUBTOTAL W. END DRIVE / 8" DIP FM S61,086.54 3 W. WOOD DRIVE / 10" DIP Water Main 3 10"x10" Tapping Sleeve & Tapping Valve 1.00 EA 3 10" Gate Valve 2.00 EA 3 10" DIP Water Main - • 260.00 LF 3 10"-90° DIP Bend 1.00 EA 3 10" Plug 1.00 EA 3 10" Cap 1.00 EA 3 1" Service Connection 4.00 EA 3 Remove 10" A.C. Water Main 20.00 LF 3 Road Restoration w/8" Limerock & 1.5" Asphalt 500.00 SY SUBTOTAL W. WOOD DRIVE / 10" DIP WM S82,895.51 4 W. WOOD DRIVE / 12" PVC C900 Reuse Line 4 12" PVC C900 Purple Pipe Reuse Main 500.00 LF 4 12" DIP Plug 2,00 EA 4 12"-45° DIP Bend 1.00 EA Page 1 of 2 ITEM DESCRIPTION QUANTITY UNIT AMOUNT, 4 Road Restoration w/8" Limerock & 1.5" Asphalt 670.00 SY SUBTOTAL W. WOOD DRIVE / 12" DIP Reuse $93,865.96 5 W. MASHTA DRIVE / 12" PVC C900 Reuse Line 5 12" PVC C900 Purple Pipe Reuse Main 280.00 LF 5 12" DIP Plug 2.00 EA 5 12"-45° DIP Bend 1.00 EA 5 Road Restoration w/8" Limerock & 1.5" Asphalt 380.00 SY , SUBTOTAL W. MASHTA DR / 12" PVC Reuse $54,081.36 GRAND TOTAL $337,016.71 NOTES: 1.