HomeMy Public PortalAbout2007-39 Change Order # 1 To Contract with Metro Equipment Services, IncRESOLUTION NO. 2007-39
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING
CHANGE ORDER NO. 1 TO CONSTRUCTION CONTRACT
BETWEEN THE VILLAGE AND METRO EQUIPMENT
SERVICES, INC., TO PROVIDE FOR UPSIZING OF A
WATER MAIN SITUATED WITHIN THE VILLAGE OF
KEY BISCAYNE ZONE 1 AND ZONE 4 WATER MAIN
REPLACEMENT, SANITARY SEWER SYSTEM, AND
MDWASD PUMP STATION 131 UPGRADE PROJECT;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, pursuant to public bidding process, the Village of Key Biscayne (the "Village")
has previously entered into a Contract for construction and a contract addendum with Metro
Equipment Services, Inc. (the "Contractor") for the construction of zone 1 and zone 4 water main
replacement, sanitary sewer system and MDWASD pump station 131 upgrade (the "Project"); and
WHEREAS, the Miami -Dade Water and Sewer Authority (the "MDWASD") has recently
advised the Village that a private property owner, Fortune International (the "Developer") must
provide for the installation of a 12 inch water main along Sonesta Drive (a distance of approximately
1100 linear feet) to meet the fire flow protection needs of the Developer's proposed redevelopment
of the Sonesta property, in lieu of the 8 inch size water main previously approved for that segment
of the water main; and
WHEREAS, pursuant to Memorandum of Agreement, the Developer shall be required to
pay the Contractor for the cost of the above described water main upsizing; and
WHEREAS, the Contractor has submitted a proposal of $87,933.60 for the full cost of the
water main upsizing work, as described in the attached Change Order No. 1; and
WHEREAS, pursuant to Village Code Sec. 2-85, the Village Council finds that it is
impractical to engage in additional competitive bidding for the relatively minor work required by
Change Order No. 1, in light of the need to enable the Project to continue to proceed in an
expeditious manner, and accordingly the Village Council does hereby waive competitive bidding
procedures for the work of Change Order No. 1; and
WHEREAS, the Village Council finds that the Project has previously been authorized by
Capital Project authorizing Ordinance No. 2006-6, and that the Contract has been approved by
Resolution No. 2007-19, and now desires to approve Change Order No. 1; 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, BE IT RESOLVED BY THE 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. Change Order Approved. Specification of Funds. Conditions.
A. Change Order Approved. That Change Order No. 1 (the "Change Order"), in
substantially the form attached hereto, between the Contractor and the Village concerning the work
of the Project is hereby approved, and the Village Manager is hereby authorized to execute the
Change Order 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 Project shall be provided in accordance with
the Village Manager's memorandum which accompanies this Resolution, in an amount which shall
2
not exceed the Change Order cost amount which is expressly set forth in the above stated recitals,
with the Developer to be responsible for the cost thereof in accordance with the Memorandum of
Agreement.
C. Conditions. That the Change Order shall be subject to the applicable conditions
provided in Section 2 (C) of Resolution No. 2007-19.
Section 3. Implementation. That the Village Manager is hereby authorized to take any
and all action which is necessary to implement the purposes of this Resolution and the Change
Order.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof
PASSED AND ADOPTED this 28th day of August, 2007.
MAYOR ROBERT L. VERNON
17,4 .adA46/
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS T9 FORM AND LEGAL SUFFICIEN
VILLAGE A 0
F:\100\ 103001 \Resolutions \Approving Change Order No 1 for contract btwn Village & Metro Eqmpt.doc
3
VILLAGE OF KEY BISCAYNE
Village Council
Robert L. Vernon, Mayor
Jorge E. Mendia, Vice Mayor
Michael Davey
Enrique Garcia
Steve Liedman
Thomas Thornton
Patricia Weinman
Department of Building, Zoning and Planning
DT: August 22, 2007
TO: Honorable Mayor Village Council
FR: Jud Kurlanchee Fiterim Village Manager
Director
Jud Kurlancheek, AICP
Chief Building Official
Eugenio M. Santiago, P.E.
RE: Change Order 1: Water Main Replacement Project
RECOMMENDATION
It is recommended that the Village Council approve Change Order No. 1 for the Water
Main Replacement and Sanitary Sewer System construction project in Zone 4 subject to
Fortune International paying for the additional work as required by the Miami -Dade Water
and Sewer Department.
BACKGROUND
The Miami Dade Water and Sewer Department (MDWASD) required the 8 inch diameter
water main along Sonesta Drive from the Key Biscayne Public Library to Ocean Drive
(approximately 1,100 linear feet) to be increased to 12 inches. This was required by
MDWASD in order to meet the fire flow requirements resulting from the proposed Sonesta
project. The additional cost of the larger diameter main is $ 95,669.37 and will be paid
by the Fortune International directly to the contractor, Metro Equipment. The only role the
Village plays is ministerial by approving the attached change order. Also attached is the
Memorandum of Agreement between the Fortune and Metro Equipment.
This work was completed in early August for the following reasons:
1. This approach was the least disruptive to the residents. The water and
sewer project had commenced. We did not want to install the 8 inch line
and then have another project, sometime thereafter, dig in this same
completed area only to replace it with a 12 inch line. This would have been
a significant inconvenience to the general public.
2. MDWASD required the water line to be upsized and notified us to allow for
the work to be completed during this phase.
3. The developer agreed to pay the additional cost of the larger water line.
There was no additional cost to the Village.
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 AIL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT'
www. keybiscayne fl gov
METRO EQUIPMENT SERVICE, INC.
MEMORANDUM OF ll iD RSTAND, 1 AGRWONT
The Parties hereto, Metro Equipment Si**.e Inc. acivinalter "Mtn-) tmd
Stilt -Font= Associates, ILL!' thereinafter "Fonunew). bY and through the wilderstiPed.
mum into this Mears rsodurn of Understanding and Agreement don) this .1),4_ day of
Auuerrt:. 21)07. SIM state is Wilms:
WHEREAS, Memo rs under comma ("Contract") with the VIlLige of Key
Biscayne (flcir# rrs.-t ) io vctt ruct itupmvarnsnae trbtrue i Ita Pragowl Witter
5brstcm lasts 4 Phew : - Sonesta Ucive; arid
W}#FRF.A +, Fortune is the owe cr( future improvement known as Std
Rwlev+eloptuena, which improvements require the installation of 12" varier Crum in place
of a prl+pasr`d A" waster main that is tannin* included in the scope of work of the
Contract: and
WHEREAS, Cramer has requested and Metro and hamistied a prsupoasal for a
etwiagc otiki w tltc Contract kw tlhe irozraaavd 4cka im4 dare pilaocl/icd with f ui-niahing
and installing a 12 water main in place air die R— wader UMW Included in the Comma
sous* eThansed Work"), which purred d Change Order is attached hereto as Exhihrl A;
and
W 1IF.REAS, Overaer and Forme have enic e4 Imo an Agreement wheareby
Fortune host acknowledged re eprsi biill) (uv payment of the incrested chart reflected in
the proposed Change Oder (] xhibit A) and iiiptiereby Forrtuae has agreed to mute
payment for such work in the IIM041Ai $9509.37 said has agreed to make such
paymeral on nr hem Sept=ober 30. 2007; and
942ru Sunset Drive • Suit 225 • Mittona, f•7. Ni172 • Phooe !305 i 50t► -7741 • Fax a 34l51:i9 -774t
METRE EQUIPMENT SERVICE, INC.
WHEap: S. (Nina hes. requested that Metro cement t to receiving payment for
the CIsuteed Work directly from Fortune and Metro has in ash request subject. to
Fortune enter* into an agreement acknowledging iv; responsibility- t' make payment
directly y to Metro for the Changed Work as rcftecred in the Champ: Order (Exhibit Al.
W , THEREFOR N to considantion of the manual cOVcnwloscz and pntniscs
corzisined herein. and other grand rind valuable conwderadtm, the receipt and aufTkienCy
of which iti hereby acknowledged, the hones agree as fcdMwa;
1 Metro hereby awes to perfvrm the84.'opc of work tiesnrihed in the Ctuiniee
Order attached hereto as Fxhihit A direatt Foam Fortune
for Foamy, 2rud Fortune agrees to pay Metro
$95,M9.37 furthe perii.vtnamcc of such work
' Fortune acknowlaiges that the vw,it performed and to by perfurrixxl by
Mcero 86 de .xibcd in the Change Order attached as Exhibit A
1. The work iperfoerrcd by Metro for Forum as described in Exhibit A will
be subject to the same inspection and apprrw& proem as the remainder- of the lowlvic
being perrormed by Metro putxrant 10 tlmv COMMA
4 Fortune shall make payment in full for the work described in Exhibit A on
car before September 30, 2007, or within tan (10) days or Ow inspection end approval of
such wont by the Owner in accordance with the Conti, should such in ior' i and
approval +tenter suh equent to September 311'2007.
07.
BMA SUELert Drive 4 Ii*$L, 22li 0 Minot, FL 33173 • Mama t,a(1#jit IMI-7741 • Far OW 596-7742
METRO EQUIPMENT SERVICE, INC.
In addition le any other r tightti that Meru may have 011111AM W dull
McrtxMaTdran of Understanding •nd Agreement and pursuant In Floridalaw in regard to
receiving payment fur the work described herein, should Fortune %ril to make payment lit
iccordaneg with the Mertes hereof!, Owner agrees that after receiving notice Mauch mm --
payment from Metro. it will pied with the iawamca of the Change Order to the
Contract an relies in Exhibit A attached hereto_ and thereafter lease payment for same
to hlctnr nerd pursue any ttimn that Own= may haw against Fortune for r every �F
attar amount tai the Agreement between Owner and Fortune
With the exception of the responsibility for payment as addretrind betrtin,
all other terms and conditions of the Contract between Metro and Owner with mixer to
the performance of the work dcacribcd herein shall remain in effect and shall not be
modified or trltcrod by thin Agreement.
IN WITNESS WHEREOF. the Parties carter into this Agreement on the day And
date reflected Ahnve.
BR- Fnet l.l
Hondo& Pkiject DirectOr
07
Ack-wwle4cd and ,4.2reed by the Vif e of Key Biscayne:
4‘
Arrnan o .A,. Nunes, Director Ps i s, Village of Key Biscayne
P425 Hvnwt Drive • + 226 • hllea sr, FL I1Y':V • Ph * e 1 0!€I 5S5-7711 • Nits i:3t]!i'i !l* 7742
METRO EQUIPMENT SERVICE, INC.
Cast Esltrite
Pie** Prop d wetr SCI grsi Zone 4 Phi
Prujec* Addrem ffigte Dr
Owner: V$1I tae at l a
Contractor: Me nt: Inc
Agreement O X:097
flikebSt estimate is neuried r m ttwer thine% in she ware ba tw purrarmad under Thar a r.• wr.
The teparsi earn dIiotk , suQPienw^r•ry conrdans.grid .lard& 4 ipecencentri merit op rand goyim
ill walk won Ms cart csie.rtne•
Pepaiptisot el Chew For It,, i roes of upgrade; due pat pied f won No 112' viva Krorromb6i is
me mum worn' upe midi al tin 'elo mem Ihrt the Mho wall be reeding. insIn etc based an *wand provided be
ars+ar _- - h4ttrsd byAPPCINVOSO
F, 2,2i O7
cicnpe4n sr t roes
Furnish and Mall 12' or Wjttr !deb it F]
59545
1 100
$1D4,995,00
Furnish and r.uaall 12' Gate hale
$.,54>0I.DQ
6
$28,324 XJ
Furnish lid install 124 LW III
51,20650
4
$4,132600►
F['Mich and ins±t 1 12x6 WIFE
$1,094.00
]
$1,094.130
Eurenish and instal 12' DIP ttip, bard
23.,D[11..S0`
3
$2,007-017
Fumlen Id Instal 12K16 Ta_ Sleeve and Veer
$10,552-0C!
1
S1O,652AD
Furnish and a Install 16" W
1
$450.00
IRestoraxln n n+f Bonita Drive Inc!Iading Wire" and overlay (STL
$9$.00
Z44
56$
Restoration of Landatapiil6 sad
$500 .00
1
$50000
Subtotal
151,39SACI
Bid !barn $ 75 Instal 8' us WM -
$56//0
-111Oa
-$6}tdii.0G
Bid Item #M !ditaa 8' Gale Valve
S1r501 1
-6
59,0C1010
Bad item MU Furnish and MOR4 B' TEE
$650A10
. -4
-$2,,605,C0
bad Item 4111 Furnish and Install $" ' TEE
$603,03
1
-$601/. CO
SittWrote
$87,599.404
Lairdscaolnejleirdval of trees will ,he provided by tee Contractor's 5%
$1,069.91
wipe oaf Kay Biscayne, and sny clot and Gutter that will need to be Total
$05,8047
raplaced will b rep* k d at AO Charge to Ware by the Village
Matra Equlprnint Service Ire.
Daniel Gontalex
Api ►ed 611"
company:,
fie:
Saw
l7aNtsu'
916245 Sun t "Drive • t;uita X ri • Srliatni, P1, -51173 • F'hK.rt� r 90111 NS -7711 • Rik i.:1011 I 508,7742
Exhibit A
CHANGE ORDER
NO. 1
Project: Zone 1 and Zone 4 Water Main Replacement, Date of Issuance: 28 -Aug -07
Sanitary Sewer System and MDWASD Pump
Station 131 upgrade
Owner: Village of key Biscayne
88 West McIntyre Street
Key Biscayne, Florida 33149
Contractor: Metro Equipment Services, Inc
9425 SW 72nd Street
Miami, Florida 33173
Contract for: Water Main replacement and the construction
of a new sanitary sewer system in Zone 1 and
Zone 4. Project also includes the repaement
of a pump station in Zone 1
Engineer: Corzo Castella Carballo
Thompson Selman, P.A.
901 Ponce de Leon Boulevard, Suite 900
Coral Gables, FL 33134
Engineer's Project No.: 01108-017
You are hereby directed to make the following changes in the Contract Documents.
Description:
MDWASD is requiring Fortune International to install a 12" water main along Sonesta Drive (approximately 1100 linear feet)
to meet the fire flow needs of their proposed development on Sonesta property. They have agreed to pay the Contractor
the cost of upsizing the water main planned along that corridor (as part of Zone 1 and Zone 4) from 8" to 12". This change
order is subject to each of the conditions which are expressedly stated in the Village Council Resolusion which approved
this change order, as if set out in full herein.
Summary of Additional Work:
Work for this change order involves installation of a 12" water main along Sonesta Drive, in lieu of 8" water main originally proposed
and approved by MDWASD. A new 16" water main tapping will be required at west end of the line.
Purpose of Change Order:
To incorporate the upsizing of proposed water main on Sonesta Drive from 8" diameter to 12" diameter, as requested by MDWASD
to meet the needs of Fortune International project at Sonesta property
Attachments 'List of documents supporting change):
Letter of Agreement between Metro and Fortune International and proposal from Metro Equipment.
CHANGE IN CONTRACT PRICE:
Original Contract Price $5,998,658.00
Original Contract Time.
CHANGE IN CONTRACT TIME*
300 DAYS
Previous Change Orders
$0.00
Net Change from Previous Orders'
0 DAYS
Contract Price Prior to this Change Order
$5,998,658.00
Contract Time Prior to this Change
Order
300 DAYS
Net Increase of this Change Order
$95,669.37
Net Increase of this Change
Order
0 DAYS
Contract Price with all approved Change Orders
$6,094,327.37
Contract Time with all approved
Original Contract Completion
New Contract Completion date
Change Orders'
300 DAYS
date 4/29/2008
4129/2008
Recommend Approval*
4c '(
"Approved:
Approved:
C
Erigrneer
Ramon Castella, P.E.
Owner
Jud Kurlancheek
Interim Village Mana er
frac r
Jorge L. Godoy
L IClerical/Projects/1108-017/Miscellaneous/ChangeOrder #1 xis
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