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HomeMy Public PortalAbout2006-43 M. Vila & Associates / Change Order Crandon Blvd. Phase IIIRESOLUTION NO. 2006-43 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING CHANGE ORDER FOR CONSTRUCTION CONTRACT BETWEEN THE VILLAGE AND M. VILA AND ASSOCIATES, INC., IN ORDER TO PROVIDE FOR CRANDON BOULEVARD IMPROVEMENTS — PHASE III; PROVIDING FOR APPROVAL OF CHANGE ORDER TO EARLIER PHASE 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 "Project"); and WHEREAS, no responsive bid was received by the Village concerning the construction of Crandon Boulevard Improvements — Phase III, with the only bid submitted having been found by the Project Engineer to be non -responsive and having herein been rejected as irregular and non- responsive by this Council, for failure of such bid to list the subcontractors which are necessary for electrical — signalization work and for irrigation — landscaping work, both being essential specialty contractor components of the Project; and WHEREAS, pursuant to Section 255.20(1)(c)(2), Florida Statutes, the mandatory competitive bidding requirements of that statute are rendered non -applicable where, as here, competitive bids are solicited but no responsive bid is received; and WHEREAS, further, the Village Council finds, 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 is hereby found, that it is 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 are not otherwise mandated by state law, as described above; and WHEREAS, the Village Project Engineer and Owner's Representative have 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 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 to the Contract for Construction (the "Agreement"), in substantially the form attached hereto, between the Contractor and the Village for construction of the 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 Project shall be provided in accordance with the Village Manager's Memorandum which accompanies this Resolution. The initial financing for 2 the Project shall be pursuant to funds borrowed by the Village pursuant to borrowing Ordinance and the implementing loan Resolution applicable to such borrowing Ordinance, pending the receipt of County funds by the Village from toll revenues provided pursuant to Section 338.165, Florida Statutes, with such County funds to be utilized for the payment of the annual debt service on the applicable loan. 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 Project, and that the Village secures and obtains any necessary loans for the accomplishment of this Project pursuant to a borrowing enabling Ordinance and any loan implementing Resolution adopted by the Village Council. 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 repeals the Village's June 27, 2006, Crandon Boulevard Improvements —Phase III Capital Project Authorizing Ordinance (Ordinance No. 2006-4) or otherwise operates to prohibit the construction of the 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 for the 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 Project prior to the date of termination. (ii) 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 repeals the Village's anticipated Crandon Boulevard Improvements -Phase III 3 Revenue Bond Loan Ordinance or otherwise operates to prohibit the financing for the construction of the 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 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 of the 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 Project prior to the date of termination. 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 10th day of October , 2006. (1,) 41,ct tt_.„ MAYOR ROBERT OLDAKOWSKI AT HITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE TTO 103.001/Resolutions/A al of change order construction contract M. Vila 8.10.06 4 Memo DT: October 3, 2006 TO: Tl +norable yo id nbers of the Village Council r -- FR: ruel �' ' Menendez, Manager j RE: Change Order to Construction Agreement for Crandon Boulevard with M. Vila and Associates for Phase III RECOMMENDATION: Council approval of the attached Change Order to M. Vila for Phase III Crandon is hereby recommended. The Change Order will facilitate the completion of the Crandon Master Plan within the next 12 to 14 months. The C.O. adds additional specific tasks to the existing scope of work being performed by M. Vila to the Crandon Boulevard Project, at a similar rate of compensation, adjusted for market conditions, as is currently payable for the services of M. Vila as set forth in their existing contract. BACKGROUND: The initial Scope of Work for performance of Phase III was publicly bid out with only one non responsive bid having been received by the Village. Extensive scope review of Phase III by the Village consultants, C3TS and Skyline Management Group, was focused primarily on the reduction of cost while maintaining the original Master Plan scope. The non responsive bid exceeded $6 million; the negotiated C.O. for M. Vila is $4.8 million. It is necessary to supplement and update the scope of work to include the change order noted in the recommendation above. Funding for this project is provided by Miami -Dade County toll revenues and two FDOT grants. Please contact me if there are any questions on this matter. cc: Village Attorney Paul Abbott, Skyline Management Group, Inc. Ramon Castella, C3TS CHANGE ORDER NO. 2 Project, Crandon Boulevard Improvements Phases II / III Date of Issuance' 10 -Oct -06 Owner: Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 Contractor: M Vila & Associates, Inc 12097 NW 98th Avenue Hialeah Gardens, Ronda 33018 Contract for. Pioject Involves full streetscape construction including drainage, curbin, sidewalks, paver installation, landscaping, imgabon, signalization modtfications, bus shelters, and electrical work Engineer: Corzo Casteile Carballo Thompson Salman, 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 Phase III Crandon Boulevard Imparovements (Project No 01108-010 - including Addendun No 1) to the contract 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 work to be performed on the project entitled Crandon Boulevard Improvements - Phase III (Project No 01108 -010 -including all of Addendum #1, except for sidewalk art at seven miniptazas) from Bill Baggs Cape Florida State Park to Galen Dnve/Mcintyre Street,Key Biscayne, Flonda, as shown, described, and detailed within the project manual and on the project plans and specifications The improvements include pavement widening, curb and gutter, drainage modifications, sidewalk, pavers, asphalt resurfacing, signalizatton, lighting, pavement marking and signage, landscaping, tmgation, and street furniture Purpose of Change Order: To incorporate the final phase of Crandon Boulevard Improvements (from Bit Baggs Cape Flonda State Park to McIntyre Street) into the Village's construction contract with the Phase II Contractor, M Vila & Associates, Inc The Phase II final completion scheduled date will remain 10/14/06 (60 days after substantial completion) If Phase II is not complete by that date, $500 per calendar day liquidated damages will apply When Phase II is complete, and accepted by the Village, the phase II retainage amount will be released to M Vila & Associates, Inc Attachments (List of documents supporting change): 1 Spreadsheet of negotiated price with M. Vila (09/01/06) CHANGE IN CONTRACT PRICE Original Contract Price $4,778,621.35 Original Contract Time CHANGE IN CONTRACT TIME 330 DAYS Previous Change Orders: Net Change from Previous Orders 67 DAYS $0.00 Contract Price Prior to this Change Order $4,778,621 35 Contract Time Pnor to this Change Order 397 DAYS Net Increase of this Change Order $4,892,182.89 Net Increase of this Change Order 356 DAYS Contract Pnce with all approved Change Orders $9,670,804.24 Contract 'Pine with all approved Original Contract Completion New Contract Completion date Change Orders. 753 DAYS date 6/9/2006 8/612007 Recommend Approval Appro d' lit Approved: ,/`...._,-/ Engineer Ramon Castella, P.E , Owner Jacqueline Mene z Village Manager / contractor Miguel Vila L /Clerical/Projects/1108-007 0010/MIscellaneousfChangeOrder #2 xis Page 1 of 1 09/01/2006 14:11 3058260004 M VILA 8' ASSOCIATES PAGE 02 NEGOTIATED PRICE WITH: M. VILA Village of Key Biscayne Crandon Blvd. Improvements Phase ill QTY Unit M Vila Proposed Unit Prices Total Roadway & Drainage (RD) Items RD -1 STANDARD CLEARING & GRUBBING 1 LS $ 72,187.19 $ 72,187.19 RD -2 DEMOLITION OF EXIST.DRAIN GAMS 1 LS $ 8,830.00 $ 8,830.00 RD -3 DEMOLITION OF EXIST. CONC, SWK 36,960 SF $ 1.70 $ 62,832.00 RD -4 DEMOLITION OF CONCRETE CURB & GUTTER 6,510 LF $ 3.40 $ 22,134.00 RD -5 TRANSPLANT EXIST. GROUNDCOVER 6,107 SF $ 1.50 $ 9,160.50 RD -6 TRANSPLANT EXIST. TREE 73 EA $ 771.00 $ 56,283.00 RD -7 MANHOLE & VALVE ADJUSTMENT 1 LS $ 215.00 $ 215.00 RD -8 PAVEMENT MILLIG (1"DEPHT) 22,591, SY $ 2.20 $ 49,700.20 RD -9 S-3 ASPHALT OVERLAY (1" DEPHT) 22,591 SY $ 6.00 $ 135,546,00 RD -10 NEW PAVEMENT (3" S-3, 8" LIMERK, 12" STAB) 1,793 SY $ 63.00 $ 112,959.00 RD -11 BACK OF SWK & RESTORATION 1 LS $ 28,100.00 $ 28,100.00 RD -12 GRAVITY WALL & ALUMN. RAIL 445 LF $ 160.00 $ 71,200.00 RD -13 Guardrail along Pine Tree Canal 495 LF $ 31.00 $ 15,345.00 RD -14 TYPE "F" COLORED CONCRETE CURB & GUTTER 9,605 LE $ 22.75 $ 218,613.75 RD -15 COLORIZE EXIT TYPE "F" CURB 4,786 LF $ 7,50 $ 35,895.00 RD -16 TYPE "D" COLORED CURB 473 LF $ 14.70 $ 6,953,10 RD -17 3 FT. WIDE COLORED VALLEY GUTTER 1,550 LF $ 27.25 $ 42,237.50 Rb-18 COLORED TRAFFIC SEPARATOR 525 SF $ 7.90 $ 4,147.50 RD -19 COLORED SWK (4" THICK, 6") 81,876 SF $ 6.00 $ 491,256.00 RD -20 PAVER CROSSWK (12" THICK) 60,367 SF $ 15.00 $ 905,505.00 RD -22 CONVERT EXIST. CATCH BASIN TO COLORED "P 15 EA $ 3,556.00 $ 53,325.00 RD -23 CONVERT EXIST. CB to MH 4 EA $ 2,133.00 $ 8,632.00 RD -24 TYPE "P" MANHOLE 3 EA $ 4,934.00 $ 14,802.00 RD -25 TYPE "J" MANHOLE 2 EA $ 6,594.00 $ 13,188.00 RD -26 TYPE V -A" OR "V -B" CATCH BASIN 4 EA $ 6,257.00 $ 25,028.00 RD -27 TYPE "P" CATCH BASIN 1 EA $ 2,993.00 $ 2,993.00 RD -28 DROP INLET 1 EA $ 2,919.00 $ 2,919.00 RD -29 TYPE "P-5" CATCH BASIN 1 EA $ 7,071.00 $ 7,071.00 RD -30 TYPE "P-2" CATCH BASIN 3 EA $ 7,796.00 $ 23,388.00 RD -31 TYPE `1.1-2" CATCH BASIN 1 EA $ '10,65.0.00 $ 10,850.00 RD -32 CONNECT TO EXIST 24" PIPE 3 EA $ 3,855.00 $ 11,565.00 RD -33 CONNECT TO EXIST 48" PIPE 5 'EA $ 3,855.00 $ 19,275.00 RD -34 15' RCP 398 EA $ 78.00 $ 31,1)44.00 RD -35 24" RCP 502 LF $ 103.00 $ 51,706.00 RD -36 36" RCP 250 LF $ 145.00 $ 36,250.00 RD -37 CORE DRILL EXISTS STRUCTURE 2 EA $ 1,454.00 $ 2,908.00 SUBTOTAL $ 2,663,643.74 Pavement Marking & Signing (PMS) Items PMS-1 R-1-1 STOP SIGN INCL. ST. NAME 2 EA $ 375.00 $ 750.00 PMS-2 6" WHITE (10'-30' SKIP) THERMO STRIPE 1,230 LF $ 0.70 $ 861.00 PMS-3 6" WHITE THERMO STRIPE 7,200 LF $ 0.70 $ 5,040.00 PMS-4 6" YELLOW THERMO STRIPE 6,255 LF $ 0.70 $ 4,378.50 PMS-5 6" DBL WHT OR YLLW THERMO 500 LF $ 1.40 $ 700,00 PMS-6 6" WHITE (2'-4' SKIP) THERMO STRIPE 1,100 LF $ 0.70 $ 770.00 PMS-7 8" WHT THERMO STRIPE 605 LF $ 1.00 $ 605.00 PMS-8 18" YELLOW THERMO STRIPE 240 LF $ 1.80 $ 432.00 PMS-9 24" WHT THERMO STRIPE 353 LF $ 2 95 $ 1,041.35 09/01/2006 14:11 3058260004 M VILA & ASSOCIATES PAGE 03 PMS-10 BICYCLE LANE THERMO SYMBOL 19 EA $ 225.00 $ 4,275.00 PMS--11 BUS / ONLY THERMO MESSAGE 1 EA $ 95.00 $ 95.00 PMS-12 LEFT TURN, RUGH TURN THERMO ARROW 27 EA $ 45.00 $ 1,215.00 PMS-13 R2-1 SPEED LIMIT SIGN 4 EA $ 175.00 $ 700.00 PMS-14 W11-2 SIGN 16 EA $ 175.00 $ 2,800.00 PMS-15 W6 -3a Sign Assembly 5 EA $ 175.00 $ 875.00 PMS-16 W16-7 SIGN 16 EA $ 175.00 $ 2,800.00 PMS-17 R3-17 SIGN 13 EA $ 185,00 $ 2,405.00 PMS-18 R4-7 SIGN 11 EA $ 175.00 $ 1,925.00 PMS-19 R7 -4c SIGN 7 EA $ 175,00 $ 1,225.00 PMS-20 D3-1 SIGN 4 EA $ 376.00 $ 1,500.00 PMS-21 RPM 1 LS $ 4,250.00 $ 4,250.00 PMS-22 REMOVAL & RELOCATION OF EXIST, SIGNS 1 LS $ 2,500.00 $ 2,500.00 SUBTOTAL _ $ 41,142.85 Signalization (SG) Items SG -1 SIGNAL MODIF. © CRANDON/W MCLNTYRE 1 LS $ 82,143.00 $ 82,143.00 SG -2 SIGNAL MODIF. c CRANDON / W. WOOD 1 LS $ 181,903.00 $ 161,903.00 SG -3 SIGNAL MODIF.@ CRANDONNV. MASHTA -Electrical 1 LS $ 90,490.00 $ 90,490.00 (E) Items E-1 RELOCATE EXIST.ST LIGHT POLE 15 EA $ 6376.67 $ 95,650.05 E-2 ELECTROSTATIC REPAINTING 67 EA $ 1,423.88 $ 95,399.96 E-3 F & 1 NEW ST LIGHT FIXTURE 67 EA $ 1,716.42 $ 115,000.14 E-4 NEW PULL BOX 52 EA $ 953.85 $ 49,600.20 SUBTOTAL $ 690,188.35 Landscaping / Irrigation Items LI-1 LIVE OAK TREE (to be purchase & delivery by Villag( 171 EA $ 401.05 $ 68,679.55 LI-2 COCOPLUM 674 EA $ 9.03 $ 6,086.22 LI-3 WHITE STOPPER 212 EA $ 42.16 $ 8,937.92 LI-4 MEDJOOL DALE PALM 5 EA $ 6,500.00 $ 32,500.00 LI-5 COCONUT PALM 20 EA $ 1,550.00 $ 31,000.00 LI.6 ALEXANDER PALM 314 EA $ 213 60 $ 67,070,40 LI-7 SABAL PALM 17 EA $ 145.88 $ 2,479.96 LI-8 INDIAN HAWTHORNE 4,668 EA $ 8.10 $ 37,810.80 LI-9 ANNUALS- IMPATIENTS 2,500 EA $ 1.81 $ 4,525.00 LI-10 ST. AUGUSTINE FLORATAM SOD 1 LS $ 24,868.00 $ 24,868.00 LI-11 PAINTING SOIL & MULCH 1 LS $ 12,933.00 $ 12,933.00 LI-12 F & I COMPLETE IRRIGATION 1 LS $ 123,380.00 $ 123,380.00 $ 420,170.85 SUBTOTAL General Items G-1 MOBILIZATION 1 LS $ 267,192.29• $ 267,192.29 G-2 EROSION, SEDIMENTATION & DUST CTRL 1 LS $ 34,750.00 $ 34,750,00 G-3 MAINTANCE OF TRAFFIC 1 'LS $ 179,185.41 $ 179,185.41 G-4 PERFORMANCE & PAYMENT BOND 1 LS $ 5,650.00 $ 5,650.00 G-5 SAFETY ACT 1 LS $ 2,820.00 $ 2,820.00 G-6 ADVANCE EXPLORATION 1 LS $ 6,171.00 $ 6,171.00 G-7 RECORDS AS BUILT DRAWINGS 1 LS $ 5,400.00 $ 5,400.00 G-8 CONTIGENCY 1 LS $ 150,000.00 $ 150,000.00 SUBTOTAL $ 651,168.70 Additive Bid Alternate # 1 1 REMOVAL OF NON-NATIVE TO WATER'S EDGE 1 ALL $ 8,560.00 $ 8,560.00 2 COCONUT PALMS IN MEDIANS 101 EA $ 1,550.00 $ 156,550.00 3 ALEXANDER PALM IN MEDIANS 247 EA $ 213.60 $ 52,759.20 4 INDIAN HAWTHORNE IN MEDIANS 1,602 EA $ 8.10 $ 12,976.20 5 REPLACE EXIST. IRRIGATION IN MEDIANS 1 LS $ 40,000.00 $ 40,000.00 6 SOLID METAL BENCH 15 EA $ 3,593.00 $ 53,895.00 7 TRASH RECEPTABLE 14 EA $ 1,820.00 $ 25,480,00 8 WATER FOUNTAIN 1 EA $ 11,500.00 $ 11,500.00 09/01/2006 14:11 3058260004 M VILA & ASSOCIATES PAGE 04 9 PET WASTE STATION 7 EA $ 1,105.00 $ 7,735.00 10 NEWSPAPER VENDING 2 EA $ 18,900.00 $ 37,800.00 11 BUS STOP 3 EA $ 6,205.00 $ 18,615.00 SUBTOTAL $ 425,87040 $ 4,892,182.89