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Home My WebLink AboutR-93-0445J-93-450 5/28/93 RESOLUTION NO. 9 3.- 445 A RESOLUTION RATIFYING THE CITY MANAGER'S FINDING THAT HOFFEN CORPORATION HAS DEFAULTED ON ITS MARCH 31, 1993 CONTRACT WITH THE CITY OF MIAMI FOR CONSTRUCTION OF N.W. 15 AVENUE PAVING PROJECT B-4548, CAPITAL IMPROVEMENT PROJECT NO. 341175; RESCINDING RESOLUTION NO. 92--410, ADOPTED JUNE 11, 1992, IN ITS ENTIRETY, WHICH RESOLUTION AWARDED SAID PROJECT TO HOFFEN CORPORATION; RATIFYING THE CITY MANAGER'S DECISION TO INCREASE THE SCOPE OF SAID PROJECT IN AN AMOUNT NOT TO EXCEED $40,000 TO COVER THE COST OF EXTRA WORK REQUESTED BY THE ADJACENT PROPERTY OWNERS ALONG N.W. 15TH AVENUE; RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT AN EMERGENCY EXISTED JUSTIFYING THE AUTHORIZATION FOR RESOL, INC. TO PROCEED WITH CONSTRUCTION OF SAID PROJECT, IN THE AMOUNT OF $164,430.00 INCLUDING SAID INCREASE IN SCOPE; ALLOCATING FUNDS THEREFOR FROM FISCAL YEAR 1991--92 CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO. 341175, IN THE AMOUNT OF $164,430.00 TO COVER THE CONTRACT COST AND $26,622.00 TO COVER THE ESTIMATED EXPENSES FOR AN ESTIMATED TOTAL COST OF $191,052.00; RATIFYING THE CITY MANAGER'S EXECUTION OF A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH RESOL, INC. WHEREAS, the City Commission accepted the May 12, 1992 bid of Hoffen Corporation in the amount of $123,890.00 as the lowest responsive and responsible bid for N.W. 15 Avenue Paving Project B-4548, and authorized the City Manager to enter into a contract on behalf of the City of Miami for construction of said project; and WHEREAS, Hoffen Corporation worked only several days between April 19, 1993 and May 24, 1993, demobilized its work force, and has not been able to resume construction on said project; and CITY COMMISSION MEETING OF JUL 0 8 1,2393 Resolution No. 93- 445 WHEREAS, due to the state of disrepair of N.W. 15th Avenue between N.W. 46th and 50th Streets due primarily to Hoffen Corporation's neglect and default, the 'Director of Public Works and the City Manager determined that it was in the best interest of the City and its residents for construction to resume on said project as soon as possible to protect the health, safety and welfare of the citizens of the City of Miami; and WHEREAS, formal competitive bids were submitted for said project by six contractors on May 12, 1992; and WHEREAS, the second lowest bidder, Resol, Inc., agreed to honor its May 12, 1992 bid of $124,430.00 and also agreed to begin construction before June 7, 1993; and WHEREAS, rejecting all bids submitted on May 12, 1992 and readvertising for new bids would require approximately three additional months to begin construction; and WHEREAS, property owners along N.W. 15th Avenue between N.W. 46th and N.W 50th Streets who will be directly impacted by N.W. 15 Avenue Paving Project submitted a petition to the Director of Public Works requesting that the scope of the project be increased to include a reduction in the width of the existing median, replacement of additional concrete sidewalk, and removal of several trees that have caused damage to the street surface; and WHEREAS, the Department of Public Works has estimated that the cost of said increase in project scope will not exceed $40,000; and -- 2 -- 93- 445 WHEREAS, funds to cover the total cost of the new contract with Resol, Inc. including said $40,000 increase in project scope are available from. monies already appropriated for citywide street improvements in the Fiscal Year 1991--92 Capital Improvement Appropriation Ordinance No. 10938, Project No. 341175; and WHEREAS, it is necessary to (a) ratify the City Manager's finding that Hoffen Corporation has defaulted on its contract., (b) rescind Resolution No. 92--410, adopted June 11, 1992, in its entirety, (c) ratify the City Manager's finding that an emergency existed, (d) ratify the City Manager's decision to increase the project scope due to requests from affected property owners, and (e) ratify the City Manager's execution of an agreement with Resol, Inc.; 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. The City Manager's finding that Hoffen Corporation has defaulted on its March 31, 1993 contract with the City of Miami for construction of N.W. 15 AVENUE PAVING PROJECT B--4548, Capital Improvement Project No. 341175, as per plans, specifications and contract documents prepared by the Department of Public Works, is hereby ratified. 3 -- 93- 445 Section 3. Resolution No. 92--410, adopted June 11, 1992 is hereby rescinded in its entirety, which resolution awarded said paving project to Hoffen Corporation. Section 4. The City Manager's decision to increase the scope of said project in an amount not to exceed $40,000 to cover the cost of extra work requested by the adjacent property owners along N.W. 15th Avenue is hereby ratified. Section 5. The City Manager's written finding that an emergency existed justifying the authorization for Resol, Inc. to proceed with construction of said paving project in the amount of $164,430.00 including the aforesaid increase in project scope is hereby ratified. Section 6. The total project cost of $191,052.00 is hereby a -.located from Fiscal Year 1991--92 Capital Improvement Ordinance No. 10938, Project No. 341175. Said total project cost consists of $164,430.00 to cover the contract cost and $26,622.00 to cover the estimated expenses. Section 7. The City Manager's execution of a contracts/, in a form acceptable to the City Attorney, with Resol, Inc. for N.W. 15 AVENUE PAVING PROJECT B--4548, in the amount of $164,430.00, which includes the total bid of the proposal in the amount of $124,430.00 as submitted on May 12, 1992 and the aforesaid $40,000 increase in project scope, is hereby ratified. -1/ The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City charter and Code provisions. 9 3- 445 Section 8. This Resolution shall become immediately upon its adoption. effective PASSED AND ADOPTED THIS Lt , . DAY OF July,. .. , 1993 A L. S 0 R EZ, OR SUBMITTED BY: WALDEMAR E. LEE, DIRECTOR DEPARTMENT OF PUBLIC WORKS CAPITAL IMPROVEMENT PROJECT REVIEW: <2�� a"Z'l3, E'DUARPO ROD G CAPIAL—IMHOVE64ENT ADMINISTRATOR PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: CARMEN L. LEON A. Q N S, II ASSISTANT CITY ATTORNEY CITY ATT R Y -- 5 93- 445 TO FROM di CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission Cesar H. Odio City Manager RECOMMENDATION DATE : June 3, 1993 FILE : PJ2 SUBJECT : N. W. 15 AVENUE PAVING PROJECT DEFAULT BY ORIGINAL CONTRACTOR, ASSIGNMENT TO NEW CONTRACTOR REFERENCES: ENCLOSURES: It is respectfully requested that the City Commission adopt the attached Resolution ratifying the City Manager's finding that Hoffen Corporation has defaulted on its contract with the City for construction of N.W. 15 Avenue Paving Project B-4548 thereby rescinding Resolution No. 92--410 in its entirety; further ratifying the City Manager's written finding that a valid emergency exists and in executing a contract with Resol, Inc. for said project in the amount of $164,430.00 to cover the contract cost, including a $40,000 increase in project scope, and $26,622.00 to cover the estimated expenses for an estimated total cost of $191,052.00. 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 ratify the City Manager's finding that Hoffen Corporation has defaulted on its March 31, 1993 contract with the City for construction of N.W. 15 Avenue Paving Project B--4548 and to ratify the City Manager's emergency finding justifying execution of a contract with Resol, Inc. for construction of said project. The reasons for the finding of default by the original contractor and subsequent authorization for Resol, Inc. to proceed are as follows: The City Commission awarded a contract to Hoffen Corporation for construction of N.W. 15 Avenue Paving Project B--4548, Capital Improvement Project No. 341175, on June 11, 1992, as a result of said firm's low bid submitted on May 12, 1992. The project consists of rebuilding N.W. 15th Avenue from N.W. 46th Street to N.W. 50th Street. The contract documents were executed by Hoffen Corporation on March 31, 1993, and the contractor was authorized to proceed with construction on April 19, 1993• yd-I 93- 445 "It From April 19, 1993 to May 24, 1993, roughly one --quarter of the construction time allowed for this project, the contractor was only able to mobilize limited forces to remove some existing concrete curbs and trim several trees prior to removal. None of the major clearing, grading or excavation required in this street rebuilding project have been initiated and the contractor has not demonstrated the ability to coordinate and accomplish said work. Therefore, in accordance with Section 6--10 of the City's Standard Contract Documents and Specifications for Public Works Projects entitled "Annulment of Contract By City", Hoffen Corporation was found to be in default of its March 31, 1993, contract with the City for construction of N.W. 15 Avenue Paving Project 8--4548, C.I.P. No. 341175. Furthermore, the Director of Public Works determined that due to the state of disrepair of N.W. 15th Avenue between N.W. 46th and 50th Streets caused primarily by the neglect and default of Hoffen Corporation, it was in the best interest of the City and its residents that another contractor be secured to resume construction on this project as soon as possible. Formal competitive bids were submitted for this project by six contractors on May 12, 1992. The second lowest bidder, Resol, Inc., has agreed to honor its May 12, 1992 bid of $124,430, and agreed to start construction before June 7, 1993• Failure to expeditiously correct the disrepair of N.W. 15th Avenue between N.W. 46th and 50th Streets could endanger the health, safety and welfare of our citizens. It was decided that the most cost effective and expeditious manner to address this situation was to allow Resol, Inc, to proceed with construction of N.W. 15 Avenue Paving Project as soon as possible rather than readvertise for new bids. (The readvertisement and contract execution process would take approximately 3 months to accomplish). Resol's bid was only $540 more than Hoffen's low bid. Additionally, subsequent to receiving bids on this project in May, 1992, property owners along N.W. 15th Avenue directly impacted by this project, requested that the project be redesigned to: 1) Reduce the width of the existing median, 2) Replace all of the old, deteriorated sidewalk, and 3) Remove all ficus trees so that said trees will not continue to damage the sidewalks, pavement and curbs. The Department of Public Works was directed to redesign the project to comply with the wishes of the adjacent property owners. These revisions will require an increase in contract not to exceed $40,000. Funds for the increase in contract due to said design revisions and due to the change in contractor are available from monies already appropriated in the City's Capital Improvement Appropriation Ordinance 10938, Project No. 341175. 93- 445 FACT SHEET PVDUC WORKS DEPARTMENT DATS0 6/ 0 3/ a 3 "0: 8-4548 prAm TNAmL. N.W. 15 Avenue Paving Project COP r g LOCATOR N.W. 15 Avenue . rfM. !H- FEMPAL PARnWATXON: Q PRDJ T RANAORR AMOOIATUD OVARffMfT: Public worxs AlSSNAR J: 0 u�t�o�NCY: ASSOURM" a. m PSOUSST: P001MAL ® ""GIAL Q DESCRIPTION: The Proiect consists of clearing and grading, construction of asphaltic pavement, concrete curbs and gutters, concrete sidewaiRs, and lanascaping. WWCMAW, WN I NSAt ON na BACK SCOPE or SERVICES! CITY O[T TSAR AMOUNT (% OR Comm COST) !U WRY / PLAT Q ® $ ---- mm INVISr" oN Q ® _ - - PLAAH M AND STUDY Q ® s -"-- — S OF (EC) Dawm ® Q s .soo.00 5 .%OF(Ea SPSM AND .D PROCSW ® ® : 850.00 -- % aF MQ CONSTRUCTION ® ( • 194,�'ff (at) COW. 2W. s YAMAGOMMT ® Q , 150.10 7 % of ego $ �15,500.00 orrm Testing Q u a o , 100 SUNWAL $ 188 , 9 3 0.0 0 12 s ommu CT com 2,122.00 MCI NTNU s Dower. aowh s 16 5, 000 .0 0 TOTAL s 191,052.00 mew. CONTRACTOR'S INFORMATION: CLAM: 0 ® Q rfmcPw m Paving ( j YSAM of ESTAK ANMWT: HAW RPsal. Inc. (30`.j 262-9898 ADDIr,M: _6090 Bird Road, Miami, FL 33155 commpmacft Jose Soler SU1CONTRACrORS NAMU: Cams j. joar r. ^w Swam U0000W., InSLACK No RAMC F. AIN" I WPI% AMMAGiATRD OWFT, COST AgAMN1 GIP MAMAQW^ MJ 93- 445 3 TABULATION OF BIDS FOR N. W. 15 AVENUE PAVING PROJECT 8-4548 - _- Ibetle« 21 the City w4 Ow MY ClWk MY N Iftemi, Florida « Ilk N A It M MY NL IM FEN COFPORATIQ RESOL. INC. LL COMTRUCTION M. VILA C ASSOC. A. P. PAVING CO. CONSMIDATED TECH _ r20340 NE 15 CT 6090 BIRO ROAD 7)90 SW 110 TEW _4395 PALM AVE. 9090 SM 124 ST FBI K OKEE0001111 AD _ am M and - NO NO NO NO NO _sue_ « s._ _ Par City Cs" I wave era YES YES YES YES YES YES _= BB VOUCHER 58 BB VOUCHER 5x BB VOUCHER BB VOUCHER -I.r _ _ C. H H - YES YES YES YES YES YES -D:- THE TOTAL ' $123 ON. 00 0 Z ,4 8128. 413. 00 $128. 845. 00 $138. 860. 00 $144 641. 75 = _ 1 THRU 22 EIGH_TY(80) _ DAYS IRRE6ULAFiIT1E8 U6END_ -=:-0ttw+wv THE DEPARTMENT OF PUBLIC WORKS HAS DETERMINED wrR .. to Capital . Sr.Iw of mok" read- v that ih4_�pwe�t_Ronei� gn��iF�ROneive .10dder IS ad Wtowlwh HOFFEN CORPORATION in the Amount of $123. 890. 00. I IMf/« r IW sWlr Oewd or we CoVrsto MI "-- — -- — - --- — - --'-- -- -- st� wtw»low- --I•o N. we me" « no _ _ -- - . _ _ — --_ _-... _- BID 91-92-064 _ #wrm Nlrwo Cwfsllwfa Retw mt --I" Cimbllows IK�twsn! toots W. 1 - 1111. BLOUNT I-- B-4548 v\ 45