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Home My WebLink AboutR-93-0044J-93-22 12/z1192 RESOLUTION NO. 93— 4 A RESOLUTION AUTHORIZING AN INCREASE IN AN AMOUNT NOT TO EXCEED $125,000.00, FOR THE CONTRACT BETWEEN THE CITY OF MIAMI, FLORIDA AND ROENCA•- DADE, INC., DATED FEBRUARY 279 1990, FROM $3,362,276.00 TO $3,487,276.00, FOR THE SOUTH FLAGLER SANITARY SEWER IMPROVEMENT B-55401 CAPITAL IMPROVEMENT PROJECT NO. 351168, WITH SAID FUNDS TO BE PROVIDED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO. 10642 FROM FUNDS ALREADY APPROPRIATED TO THE PROJECT; FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF FOUR -- FIFTHS OF THE MEMBERS OF THE CITY COMMISSION. WHEREAS, there exists a contract dated February 27, 1990, between the City of Miami, Florida and Roenra--Dade, Ina... for the construction of South Flagler Sanitary Sewer Improvement Project No. 351168; and WHEREAS, an increase in contract not to exceed $125,000 is required to cover the cost of claims submitted by the contractor for delays caused by unforeseen utility work in the area of the contractor's work; and property owner obstructions in an alley where the contractor was constructing said sewers; and WHEREAS, the Director of Public Works and the City Manager recommend the increase in contract to cover the claims submitted by the contractor; and WHEREAS, funds to cover the increase are available from monies already appropriated to the project; CITY COMTISSION MEETING OF JA P! 1 4 1993 Aesmlution Na. 93- 44 � NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. After a properly advertised Public Hearing, the findings of the City Manager set forth in the Preamble to this Resolution are hereby ratified by an affirmative vote of four -- fifths of the City Commission, and are hereby incorporated by reference thereto and adopted as if fully set forth in this Section. Section 3. The contract between Roenca--Dade, Inc. and the City of Miami, Florida, dated February 27, 1990, for South Flagler Sanitary Sewer Improvement, B-5540, Capital Improvement Project No. 351168, is hereby increased in an amount not to exceed $125,000.00, from $3,362,276.00 to $3,487,276.00 with funds for the increase to be provided from monies already appropriated to the project. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED THIS 14th DAY OF January 1993• ATTES . MATTY HIRAI, CITY CLERK 2 - 93- 44 LEGAL REVIEW BY: CARMEN L. LEON ASSISTANT CITY ATTORNEY CAPITAL PROJECT REVIEW: <Y�p /2r EDUARDP ROD CAPITA PROVEM NT MANAGER SUBMITTED BY: (,v, L, kcte,, M-T.! EEE ACTING DIRECTOR OF PUBLIC WORKS APPROVED AS TO FORM AND CORRECTNESS: - 3 - 93- 44 CITY OF MIAMI, FLORIDA 34 INTER -OFFICE MEMORANDUM - To : Honorable Mayor and DATE : �� FILE B-5540 333 4�� ►v - Members of the City Commission ,V South Flagler Sanitary _ SUa,ECT Sewer Improvement -- Increase in Contract FROM : REFERENCES Cesar H. Odio City Manager ENCLOSURES RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution authorizing an increase in contract in the amount of $125,000.00 in the contract between the City of Miami and Roenea-Dad e, Inc. for the South Flagler Sanitary Sewer Improvement Project B--5540; and to ratify the City Manager's written finding that the increase resulted from emergency circumstances. _ BACKGROUND The Department of Public Works, in an effort to serve all residents of the City of Miami has determined that it is now appropriate and in order for the City Commission to increase the existing contract dated February 27, 1990 between the City of - - Miami and Roenca--Dade, Inc. for South Flagler Sanitary Sewer Improvement B--5540 in an amount not to exceed $125,000.00 for unforeseen utility delays; and to ratify the City Manager's emergency finding to resolve claims by the contractor. The City Commission awarded a contract to Roenca-Dade, Inc. for the construction of South Flagler Sanitary Sewers, Project No. 351168, in the amount of $3,362,276.00 on January 11, 1990. J Generally; the project consisted of constructing sanitary sewer in the area bordered by West ,Flagler Street, S.W. 8th street, S.W. 47th Avenue and S.W. 57 Avenue. There was extensive water main replacement work within the project limits that was planned to be done by Miami -Dade Water and Sewer Authority Department. This work was to proceed in = advance of the sanitary sewer work done by Roenca--Dade. Although closely monitored, there were days of construction were work by the contractor was delayed and in some instances stopped. This resulted in shifts in the contractor's crews with adjustments in - equipment time and labor. E I° 93- 44 _ 3y-t • JAN- 5-93 SAT a 25 FINANCE FAX N0, 917=65560 P% f 1f r CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: File cr ; FROM : FlfinfI NCE8 Cesar N, Odi City Manager ENCL08uee2 JAN - 41993 Fax: 5--5540 EMERGENCY FINDING' South Flagler Sanitary Sewer Improvement Projeot SETTLEMENT FOR CLAIMS Based on information supplied to me by the Director of the Department of Public Works, I have found an emergenoy existed to resolve claims submitted by Roenoa--Dada, Ino. , Contractor, for South Flagler Sanitary Sewer Improvement Project which results in an inorease in their contract. The reasons for the emergency need and subsequent settlement for the contractor's claims are as follows: The hty Commission awarded a oontraot to Roenca-Dade, Inc. for the eonstruotion of South Flagler Sanitary Sewer Improvement, Project No. 351168, in the amount of $3,362,276.00 on January 1i, 1990. Generally, the project consisted of constructing sanitary sewers in the area bordered by West Flagler Street, S.W. 8th Street, S.W. 47th Avenue and S.W. 57 ,Avenue. There was extensive water main replacement work within the proJeot limits that was planned to be done by Miami -Dade Water and Sewer Authority Department. This work was to proceed in advanoe of the sanitary $ewer work done by Roenea--Dade. Although Closely monitored, there were days of eonstruotion were work by the oontraotor was delayed and in some instances stopped. This resulted in shifts in the oontraotor f s crews with adjustments in equipment time and labor. An alley, area east of S. T. 57 Avenue and north of S.W. 55 Avenue Road also required extensive utility relocation. The relooation of these utilities and the removal of property owner alley obstructions were required prior to the contractor starting sewer construction In this area. The clearaenoe of utilities and alley obstructions prevented the oontraotor from performing his work as originally scheduled. This caused the oontraotor to demobilize and remobilize in these areas while -performing the work. The contractor is due compensation for the unanticipated delays resulting in his extra costs. 93- 44 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO ; Honorable Mayor and DATE Members of the City Commission SUBJECT FROM : REFERENCES: Cesar H. Odio City Manager ENCLOSURES RECOMMENDATION � 34 J A N w 4 1993 FILE B-5540 South Flagler ,Sanitary Sewer Improvement -- Increase in Contract It is respectfully recommended that the City Commission adopt the attached resolution authorizing an increase in contract in the amount of $125,000.00 in the contract between the City of Miami and Roenca-Dade, Inc. for the South Flagler Sanitary Sewer Improvement Project B-5540; and to ratify the City Manager's written finding that the increase resulted from emergency circumstances. BACKGROUND The Depaitment of Public Works, in an effort to serve all residents of the City of Miami has determined that it is now appropriate and in order for the City Commission to increase the existing contract dated February 27, 1990 between the City of Miami and Roenea--Dade, Inc. for South Flagler Sanitary Sewer Improvement B--5540 in an amount not to exceed $125,000.00 for unforeseen utility delays; and to ratify the City Manager's emergency finding to resolve claims by the contractor. The City Commission awarded a contract to Roenca--Dade, Inc. for the construction of South Flagler Sanitary Sewers, Project No. 351168, in the amount of $3,362,276.00 on January 11, 1990. Generally; the project consisted of constructing sanitary sewer in the area bordered by West ,Flagler Street, S.W. 8th street, S.W. 47th Avenue and S.W. 57 Avenue. There was extensive water main replacement work within the project limits that was planned to be done by Miami7Dade Water and Sewer Authority Department. This work was to proceed in advance of the sanitary sewer work done by Roenca-Dade. Although closely monitored, there were days of construction were work by the contractor was delayed and in some instances stopped. This resulted in shifts in the contractor's crews with adjustments in equipment time and labor. 93- 44 3y-r iv Honorable Mayor and Members of the City Commission An alley area east of S.W. 57 Avenue and north of S.W. 55 Avenue Road also required extensive utility relocation. The relocation of these utilities and the removal of property owner alley obstructions were required prior to the contractor starting sewer construction in this area. The clearance of utilities and alley obstructions prevented the contractor from performing his work as originally scheduled. This caused the contractor to demobilize and remobilize in these areas whine performing the work. The contractor is due compensation for these unanticipated delays resulting in his extra costs. The contractor submitted claims for the above noted delay items and unrecovered overhead costs caused by extra time spent on the project due to the areas not being available as planned. The contractor's claims have been reviewed by Public Works and an outside consultant with a settlement reached through the assistance from an independent Mediator. The settlement reached results in an $125,000.00 increase in the contract which is 3.5% of the original contract amount. Public Works believes that this is a fair and equitable compensation that the contractor is entitled to. Additionally, this amount will resolve the contractor's claim for the delays without resorting to litigation. The increase in contract to cover the aforementioned claim will not exceed $125,000.00. Funds for the increase are available from monies already appropriated to the project in the City's Capital Improvement Appropriation Ordinance, Project No. 351168 Attachments: Proposed Resolution --2- 93- 44 M JAW 5-93 SOT 8:25 FINANCE FAX NO, 93#656 CITY OP MIAMI, FLC)RDAA INTER -OFFICE MEMORANDUM TO: File DATE 8LMACT FROM : AVERENCES : Cesar N. Odi City Manager P, 02 -- JAIL a 41993 rme : B--5540 EMERGENCY FINDING' South Flagler Sanitary Sewer Improvement Project SETTLEMENT FOR CLAIMS Based on information supplied to me by the Director of the Department of Public Works, I have found an emergency existed to restive claims submitted by Roenoa--bade, Inc. , Controotor, for South Flagler Sanitary Sewer Improvement Project which results in an increase in their oontraot. The reasons for the emergency need and subsequent settlement for the contractor's claims are as follows: The Gity Commission awarded a contract to Roence Dade, Inc. for the construction of South Flagler Sanitary Sewer Improvement, Project No. 351168, in the amount of $3,362,276.00 on January 11, 1990. Generallys the project consisted of constructing aanitary sewers in the area bordered by West Flagler Street, S.W. 8th Street, S.W. 47th Avenue and S.W. 57 Avenue. There was extensive water main replacement work within the project limits that was planned to be done by Miami -Dade rater and Sewer Authority Department. This work was to proceed in advance of the sanitary serer work done by Roenca-Dade. Although closely monitored, there were days of oonatruotion were work by the contractor was delayed and in some instances stopped. This resulted in shifts in the oontraotorts crews with adjustments in equipment time and labor. An alley, area east of S.W. 57 Avenue and north of S.W. 55 Avenue Road also required extensive utility relocation. The relocation of these utilities and the removal of property owner alley obstructions were required prior to the contractor starting sewer construction in this area. The clearanoe of utilities and alley obstructions prevented the contractor from performing his work as originally scheduled. This caused the contractor to demobilize and remobilize in these areas while performing the work. The contractor is due compensation for the unanticipated delays resulting in his extra costs. 93- 44 JAN- 5-93 SAT J r� �r fr File 8 : 26 FINANCE FAX N0, 937 56 P. 03 The oontrootor submitted claims for the above noted delay items and unrecovered overhead oosts caused by extra time spent on ' the project due to the areas not being available as planned. The contractor's claims have been reviewed by Publio Works and an outside consultant with a settlement reached through the assistance from an independent Mediator. The settlement reached results in and $125,000.00 increase in the contract which is S.5x of the original contract amount. Public Works believes that this is a fair and equitable compensation that the contractor is entitled to. Additionally, this amount will resolve the contractor's claim for the delays without resorting to litigation$. The increase in contract to haver the aforementioned claim will not exceed $125,000.00. Funds for the increase are available from monies already appropriated to the project in the City's Capital Improvement Appropriation Ordinance, Project No. 351168. 2 93 - 44