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Home My WebLink AboutR-92-0652�R Ja*92-672 9/23/92 RESOLUTION NO.9 2 — 652 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT NOT TO EXCEED $40,000, IN THE CONTRACT BETWEEN THE CITY OF MIAMI, FLORIDA AND MARKS BROTHERS, INC., DATED JUNE 28, 1991, FROM $1,110,181.00 TO $1,150,181.009 FOR THE DOWNTOWN HIGHWAY IMPROVEMENT - PHASE II, BID "B" B-4521, CAPITAL IMPROVEMENT PROJECT NO. 341115, WITH SAID FUNDS TO BE PROVIDED FROM THE CAPITAL IMPROVEMENT ORDINANCE NO. 10938 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 June 28, 1991, between the City of Miami, Florida and Marks Brothers, Inc. for construction of Downtown Highway Improvement -Phase II, Bid "B" B- 4521, Capital Improvement Project No. 341115; and WHEREAS, an increase in contract not to exceed $40,000 is required to cover the cost of necessary extra work involving the cleaning and repairing of an existing deteriorated box culvert, relocation of existing sanitary sewer service laterals in conflict with proposed construction, removal and re -installation of existing awnings and canopies in conflict with proposed construction, removal and disposal of underground fuel tanks in the public right of way, increased permit fees required by the State of Florida Department of Environemental Regulation, and additional surface restoration due to another City contractor's non-performance; and CITY COMMISSION MEETING OF. 0 CT 0 8 1992 Resolution No. 92- 652 f WHEREAS, the Director of Public Works and the City Manager recommend the increase in contract to cover the additional costs; and WHEREAS, the City Manager has made a written finding that a valid emergency existed for the work to continue to protect the health, safety and welfare of the citizens of the City; and WHEREAS, funds to cover the increase are av lable from monies already appropriated to the project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. After a properly advertised Public Hearing, the findings of the City Manager contained in the Preamble to this Resolution are hereby ratified by an affirmative vote of four - fifths of the Members of the City Commision and are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The contract between Marks Brothers, Inc. and the City of Miami, Florida, dated June 28, 1991, for Downtown Highway Improvement -Phase II Bid "B" B-4521, Capital Improvement Project No. 341115, is hereby increased in an amount not to exceed $40,000, from $1,110,181.00 to $1,150,181.00 with funds for the increase to be provided from monies already appropriated to the project. Section 3. This Resolution shall become effective immediately upon its adoption. - 2 - 92- 652 f PASSED AND ADOPTED THIS It CAPITAL PROJECT REVIEW: D R R CAPITAL I PRO EMENT MANAGER SUBMITTED BY: tAj WALIM-W-RE. L `- -�- ACTING DIRECTOR OF PUBLIC WORKS APPROVED AS TO FORM AND CORRECTNESS: III CITY ATTO EY - 3 - 52- 652 !r CITY OF MIAMI, FLORIDA • 34 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM DATE : (% 7 �1 1/ �.� �.1� FILE B- 4 5 2 1 ,.i V -92 suwmr: DOWNTOWN HIGHWAY IMPROVEMENT PHASE IT BID "B" Increase in Contract REFERENCES: Cesar H. O d i o ENCLOSURES: City Manager RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution authorizing an increase in contract in the amount of $40,000.00 in the contract between the City of Miami and Marks Brothers, Inc. for the Downtown Highway Improvement - Phase II Bid "B" B-4521; and further ratifying 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 ratify the City Manager's decision to increase the existing contract dated June 28, 1991, between the City of Miami and Marks Brothers, Inc. for Downtown Highway Improvement - Phase II Bid "B" B-4521 in an amount not to exceed $40,000 for necessary extra work, and to ratify the City Manager's emergency finding that allowed the extra work to continue. The City Commission awarded a contract to Marks Brothers, Inc.. for construction of Downtown Highway Improvement - Phase II -Bid "B", Project No. 341115, in the amount of $1,110,181 on May 9, 1991. Generally, the project consisted of the complete rebuilding of North 1st Street from Biscayne Boulevard -to N.W. 1st Avenue including new concrete sidewalks, concrete curb & gutter, asphaltic pavement and storm drainage modifications. As the project progressed, the need for additional work beyond the original project scope became apparent. The additional costs are outlined below: 1. Extensive deterioration and blockage of the existing box culvert drainage system was discovered by the contractor 92- 652 0 0 Honorable Mayor and Members of the City Commission - 2 - during his construction operation. The existing culvert had to be exposed by excavation, structural damage evaluated and repaired; the system was thoroughly cleaned and cleared of all debris and trash, then the excavation was backfilled to grade. The entire repair/cleaning operation was accomplished by the contractor on a time and material basis. 2. Several existing sanitary sewer service laterals were in direct conflict with the proposed drainage system and had to be relocated by the contractor. 3. Several existing awnings and canopies attached to private property and extending over the public sidewalk hindered the contractor's operation. The contractor was authorized to remove and store the awnings and then reinstall after street reconstruction was completed. 4. Four underground fuel tanks for which the City had no records were discovered by the contractor during construction. These tanks had to be removed and properly disposed of by the contractor. 5. The State of Florida Department of Environmental Regulation (D.E.R.) raised their permit fees for drainage wells after the City received bids for this project. Consequently, our contractor had to pay an additional $5,040 in permit fees to D.E.R. 6. Prior to the start of the street reconstruction, another City contractor replaced most of the sanitary sewer system along North 1st Street. • Due to financial problems encountered by the sanitary sewer contractor (Mantell Engineering Contractors, Inc.), they could not complete and were not paid for all of the surface restoration in their contract. This restoration was then assigned to and completed by Marks Brothers, Inc. None of the items described above were included in the original scope of work. Failure to correct or address these problems could have endangered the health, safety and welfare• of our citizens. It was decided that the most cost effective and expeditious manner to address all of these problems was to allow the contractor already working on the project, Marks Brothers, Inc. to accomplish the extra work. The increase in contract to cover all of the aforementioned extra work will not exceed $40,000. Funds for the increase are available from monies already appropriated to the project in the City's Capital Improvement Appropriation Ordinance, Project No. 341115. Attachments: Proposed Resolution 92_ 652 TO File FROM: A�� CITY OF MIAMI, FLORIDA 0 INTER -OFFICE MEMORANDUM DATE : September 30, 1992 FILE, B- 4521 SUBJECT : EMERGENCY Downtown Phase II REFERENCES : Increase Cesar H . Qd i o ENCLOSURES: City Manager FINDING Highway Improvement Bid B in Project Scope Based on information supplied to me by the Director of the Department of Public Works, I have found that an emergency existed justifying the authorization for Marks Brothers, Inc. to undertake additional work in Downtown Highway Improvement -Phase II Bid B beyond the original scope of their contract. The reasons for the emergency need and subsequent authorization to perform additional work are as follows: The City Commission awarded a contract to Marks Brothers, Inc. for construction of Downtown Highway Improvement --Phase II Bid B, Project No. 341115, in the amount of $1 , 110, 181 on May 9, 1991. Generally, the project consisted of the complete rebuilding of North 1st Street from Biscayne Boulevard to N.W. 1st Avenue including new concrete sidewalks, concrete curb & gutter, asphaltic pavement and storm drainage modifications. As the project progressed, the need for additional work beyond the original project scope became apparent. The additional costs are outlined below: 1. Extensive deterioration and blockage of the existing box - culvert drainage system was discovered by the contractor during his construction operation. The existing culvert had to be exposed by excavation, structural damage evaluated and - repaired; the system was thoroughly cleaned and cleared• of all debris and trash, then the excavation was backfilled to grade. The entire repair/cleaning operation was accomplished by the contractor on a time and material basis. 2. Several existing sanitary sewer service laterals were in direct conflict with the proposed drainage system and had to be relocated by the contractor. 3. Several existing awnings and, canopies attached to private property and extending over the public sidewalk hindered the contractor's operation. The contractor was authorized to remove and store the awnings and then reinstall after street reconstruction was completed. 92- 652 W r Fi le 4. Four underground fuel tanks for which the City had no records were discovered by the contractor during construction. These tanks had to be removed and properly disposed of by the contractor. 5. The State of Florida Department of Environmental Regulation (D.E.R.)raised their permit fees for drainage wells after the City received bids for this project. Consequently, our contractor had to pay an additional $5,040 in permit fees to D.E.R. 6. Prior to the start of the street reconstruction, another City contractor replaced most of the sanitary sewer system along North 1st Street. Due to financial problems encountered by the sanitary sewer contractor (Mantell Engineering Contractors, Inc.), they could not complete and were not paid for all of the surface restoration in their contract. This restoration was then assigned to and completed by Marks Brothers, Inc. None of the items described above were included in the original scope of work. Failure to correct or address these problems could have endangered the health, safety and welfare of our citizens. It was decided that the most cost effective and expeditious manner to address all of these problems was to allow the contractor already working on the project, Marks Brothers, Inc. to accomplish the extra work. The increase in contract to cover all of the aforementioned extra work will not exceed $40,000. Funds for the increase are available from monies already appropriated to the project in the City's Capital Improvement Appropriation Ordinance, Project No. 341115. 92- 652 V