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Home My Public Portal About2007-33 Change Order #6 to Contract with M. Villa & Associates re: Yacht Club/Harbor DriveRESOLUTION NO. 2007-33 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING YACHT CLUB FRONTAGE, WEST OF WOODCREST DRIVE, PORTION OF HARBOR DRIVE IMPROVEMENT PROJECT; AUTHORIZING SIXTH 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 EXTENTION 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. 6 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 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, subsequently , pursuant to further Resolutions of the Village Council, additional work was assigned to the Contractor via Change Orders # 4 and # 5 , as described in those Resolutions, for a portion of the Harbor Drive project which is necessary to be completed during school recess, and for utility crossing work essential to be done to implement Phase III of the Crandon Project and avoid disruption with the Water, Sewer, Reuse Water project; and WHEREAS, work is presently underway for Phase III of the Crandon Project; and the Contractor presently has 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 final segment (the "Yacht Club Frontage Project") of the Harbor Drive improvement project (the "Harbor Drive Project") which is an area situated west of Woodcrest Drive; and 2 WHEREAS, the Yacht Club Frontage Project consists of heavy civil work , including sidewalks, curb, drainage, crosswalks, asphalt, and installation of street lighting conduit , and once completed will leave only landscaping and irrigation work remaining for the Harbour Drive Project; and WHEREAS, the isolation and completion of the Yacht Club Frontage Project heavy civil work, as provided herein, will enable the Village to subsequently solicit bids for all of the necessary landscaping and irrigation work for the Harbor Drive Project , thereby enhancing the pool of potential bidders for that specialized landscaping and irrigation work and avoiding the necessity to mix that work with incompatible heavy civil work ; 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 Yacht Club Frontage 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 Yacht Club Frontage Project , and that competitive bidding is not mandated by State law for the Yacht Club Frontage 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. 6") with the Contractor for the extension of the Crandon Project services of the Contractor for the Yacht Club Frontage Project, as described herein; and 3 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. 6 to the Contract for Construction (the "Agreement"), in substantially the form attached hereto, between the Contractor and the Village for construction of the Yacht Club Frontage 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 conditions of this Resolution. B. Funding Source: That funding for the Yacht Club Frontage 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 Yacht Club Frontage Project shall not exceed the dollar amount specified in Change Order No. 6 and shall, in any event, not exceed One Hundred Eighty Thousand ($ 180,000.00) Dollars, in the absence of further Village Council authorization. 4 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 Yacht Club Frontage 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 Yacht Club Frontage 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 Yacht Club Frontage 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 Yacht Club Frontage 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 Yacht Club Frontage 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 31st day of July , 2007. 5 AYOR ROBERT L. VERNON CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE A TORNE F:\100\103001\Resolutions\Approval of Change Order NUMBER 6 Construction Contract M Vila 07-18-07.doc 6 Village Council Robert L. Vernon, Mayor Jorge E. Mendia, Vice Mayor Michael Davey Enrique Garcia Steve Liedman Thomas Thornton Patricia Weinman VILLAGE OF KEY BISCAYNE Department of Building, Zoning and Planning DT: July 23, 2007 TO: FR: RE: RECOMMENDATION Director Jud Kurlancheek, AICP Chief Building Official Eugenio M. Santiago, P.E. Honorable May,.ar--a, d Members of the Village Council {{ cr Jud Kurlanch�ek, Interim Village Manager/BZP Director Harbor Drive Streetscape Project: Southwest side of the Presbyterian Church to the Southwest side of The Yacht Club It is recommended that the attached resolution be approved which authorizes sidewalk and curbing improvements in the above described area. The Council has previously authorized funding for this work. ^° EXPLANATION The Village Council has approved funding for improvements on the north and west sides of Harbor Drive from the Fernwood Road Circle to the north side of the Yacht Club. These improvements have been approved by the two churches and The Yacht Club. The area in from the churches is under construction. In order to complete the street work during the summer in front of The Yacht Club, Staff is requesting that the attached resolution be approved. This work includes the 8 ft. wide sidewalk, curbing, and seating area in front of the Hacienda Canal. The balance of the work, including landscaping and lighting, will be bid out for the entire project from Fernwood Road Circle to the southwest side of The Yacht Club. The Landscape Committee is assisting the Staff in selecting the plantings for the entire project. 88 West McIntyre Street • Suite 250 • Key Biscayne, Florida 33149 • (305) 365-5512 • Fax (305) 365-5556 MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." www.keybiscaynejl.gov CHANGE ORDER NO. 6 Project: Crandon Boulevard Improvements Phases II / 111 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. Date of Issuance: 1 -Aug -07 Engineer: Corzo Castella Carballo 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 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 July 31, 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 demolition, drainage, curb, paver, sidewalk and asphalt work along the north side of Harbor Drive along the yacht Club frontage (Hacienda Canal to Woodcrest Road). 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 7/13/07. CHANGE IN CONTRACT PRICE: Original Contract Price: $4,778,621.35 Original Contract Time: CHANGE IN CONTRACT TIME: 330 DAYS Previous Change Orders: $5,652,760,13 Net Change from Previous Orders: 558 DAYS Contract Price Prior to this Change Order: $10,431,381.48 Contract Time Prior to this Change Order: 888 DAYS Net Increase of this Change Order: $178,827,57 Net Increase of this Change Order: 0 DAYS Contract Price with all approved Change Orders: $10,610,209.05 Contract Time with all approved Original Contract Completion New Contract Completion date: Change Orders: 888 DAYS date: 6/9/2006 12/19/2007 Recommend Approval: Approved: Approved: Engineer Ramon Castella, P.E. Owner S34 Kutidol c1M.k Acirni Village Manager Contractor Miguel Vila L:/Cterlcal/Projects/1108-007.0010/Miscefaneous/ChangeOrder ff8.xls Page 1 of 1 PROPOSAL Quote To: 1' one: 114,15,1, ITEM M. VILA & A SOCIATES, INC. 12097 NW 98th Avers ' e Hialeah Gardens FL. 3018 Contact: Miguel Vila Phone: (305) 821.1225 Fax: (305) 826-0004 C3TS Attn: Ramon Castelia 10 Mobilization Job Name: Date of Plans: Revision Date: Harbor Dr. improvements PH 1 DESCRIPTION 20 MOT 30 Existing Conc Sidewalk Demolition 35 Existing Cone Curb Demolition 40 Type "P" Catch Basin QUANTITY UNIT UNIT PRICE AMOUNT 1.00 LS 18,581.760 18,581.76 1.00 LS 4,663.00 SF 40.00 LF 50 Convert Exist Catch Basin to Manhol4 60 15" RCP Solid Pipe 70 Core Existing Structure 72 Concrete Flume 855.000 1.010 4.170 855.00 4,709.63 166.80 1.00 EA 2,909,290 2,909.29 1.00 EA Z072.260 2,072.26 10,00 LF 75 Adjust Exist ManholeNalve 76 Install FPL Conduit (Pipe Furnish by FPL) 77 Furnish & Install 4" PVC Sleeves 1.00 EA 155.410 1,554,10 950.260 950.26 1.00 EA 2.00 EA 529.460 529.46 225.740 451.48 1,800.00 LF 78 Asphalt Restoration at Driveways 80 Conc Curb & Gutter (Type "F")(Coioi) 90 Conc Valley Gutter (Color) 110 4" Conc Sidewalk (Color) 115 6" Conc Sidewalk (Color) 120 Cone Header Band (Color) 250.00 LF 22.450 40,410.00 29.320 7,330.00 84.00 SY 56.770 4,768.68 830.00 LF 206.00 LF 5.096.00 SF 1,080.00 22.510 18,683.30 19.970 4,113.82 5.080 25,887.68 SF 130 Pavers over 8" Limvrock, 1" Sand 145 New Asphalt Driveways w/8" Limergck & 1" Asphalt 404.00 150 1" Asphalt Overlay T 1,883.00 160 WALLS & COLUMNS AT PLAZA 65.00 LF 475,00 SF 7.710 24.020 7,000 8,326.80 1,561.30 3,325.00 GRAND TOTAL NOTES: 1. 1.00 SY SY LS 32.480 6.000 13,121.92 11,298.00 7,221.030 7,221.03 $178,827.57 Page 1 of 1 to/t0 3Etid NI S31VI0OSSti VlIA N P0009Z89tt t0 :Lt L@0Z/St/L0