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2007-26502 Reso RESOLUTION NO. 2007- 26502 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING CHANGE ORDER NO.7, IN THE AMOUNT OF $241,982, TO WIDELL, INC., FOR THE WATER AND WASTEWATER PUMP STATION UPGRADES PROJECT; WITH FUNDING, IN THE AMOUNT OF $230,081, TO BE APPROPRIATED FROM GULF BREEZE LOAN FUND 423, AND $11,901 FROM THE PREVIOUSLY APPROPRIATED FY 2006 CAPITAL BUDGET, WATER AND SEWER BOND FUND 424 FOR THE PUMP STATIONS LANDSCAPE PROJECT. WHEREAS, in 1992, the City initiated a Citywide Infrastructure Improvement Program to address rehabilitation and upgrades to the Water, Sewer and Storm Water Systems; and WHEREAS, on August 8, 1998, the City issued Invitation to Bid (ITB) No. 99-97/98 for the Water and Wastewater Pump Station Upgrades Project (the Project) and, on February 3, 1999, pursuant to Resolution No. 99-23061, the City Commission awarded the construction contract for the Project to Felix Equities, Inc. (Felix), in the amount of $17,692,568; and WHEREAS, on June 7,2002, as a result of the default by Felix, the City terminated the contract, and WHEREAS, the City then procured a new contractor to resume the work that Felix had started and, on January 14th, 2004, pursuant to Resolution No.2004-25465, the City Commission awarded a new contract to Widell, Inc. (Widell), in the amount of $17,352,615 and WHEREAS, Widell continues to deal with the consequences of accepting owner-furnished materials previously purchased by Felix; returning defective equipment to manufacturers for refurbishment and re-certifications; and having to replace parts and equipment that were damaged or deteriorated while in storage; and WHEREAS, City staff, CDM and Widell are currently negotiating an extension to the contract time; and WHEREAS, in the past, four change orders (Change Orders No. 1 - 4) have been approved to the Widell contract, using previously allocated contingency funds; the contingency funding has now been exhausted; and WHEREAS, on January 17, 2007, Change Order Nos. 5 and 6 were approved, as per Resolutions No. 2007-26445 and 2007-26446, respectively; and WHEREAS, the Administration would recommend that the Mayor and City Commission approve Change Order No.7, in the amount of $241,982, which includes additional work needed to restore/recertify owner furnished materials, additional work due to field conditions and additional work due to the extremely deteriorated condition of the stations; and it includes the amount of $11,901 previously appropriated, from Fund 424 to cover the cost for the landscape added at Water Station W-4 and Waste Water Pump Station NO.21. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize Change Order No.7, in the amount of $241 ,982, to Widell, Inc., for the Water and Wastewater Pump Station Upgrades Project; with funding, in the amount of $230,081, to be appropriated from Gulf Breeze Loan Fund 423, and $11,901 from the previously appropriated FY 2006 Capital Budget, Water and Sewer Bond Fund 424 for the Pump Station Landscape Project. PASSED and ADOPTED this 11 th day of ,2007. ATTEST: T:\AGENDA\2007\apr11 07\Consent\pump stations CHO 7 Reso.doc APPROVED N& 10 FORM & LANGUAGE Il.FO EXECUnON COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the City Commission, approving and authorizing Change Order No.7 to Widell Inc. in the amount of $241,982; appropriating the amount of $230,081 from Gulf Breeze Loan Fund 423, and using $11,901 from previously appropriated FY 2006 Capital Budget Fund 424; for the Water and Wastewater Pump Station Upgrades Project. Ke Intended Outcome Su Ensure Well-Desi ned Quali Issue: I Should the City Commission adopt the Resolution? Item Summa /Recommendation: The scope of work in the Water and Wastewater Pump Station Upgrades Project encompasses work at 31 different sites and aC,counts for over 110 building permits. The contractor ras substantially completed five dry-pit wastewater stations, two dry pit/booster dual stations, six submersible wastewater stations and two water stations. The project is approximately 450 days late due to various circumstances and City staff, CDM, and Widell are currently negotiating additional contract time. Additionally, due to the extremely deteriorated conditions of the stations, Widell has been requested to respond to various emergency requests from the City to work on stations outside of their established schedule. Widell has also been directed to expedite the work at some stations to address City priorities and to avoid violations from authorities having jurisdiction. In the past, four change orders have been added administratively to the Widell contract using previously allocated contingency funds; however, the contingency funding has been exhausted, and on January 17, 2007, City Commission authorized Change Orders NO.5 and NO.6 to Widell, as well as Amendments 18 and 19 to CDM. The contractor has reached 92.5% completion of the project in application No. 30, corresponding to the month of December 2006. Change Order No.7 includes additional work needed to restore/recertify owner furnished materials, additional work due to field conditions and additional work due to the extremely deteriorated condition of the stations. The amount of $11,901 which was previously appropriated in the FY 2006 Capital Budget FUI:..:I 424 for the Pump Stations Landscape Project and will be used to cover the cost for the landsca e added at Water Station W-4 and Waste Water Pum Station 21. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: Amount Account Approved 0/b 1 $230,081 Gulf Breeze Loan Fund 423 2 $11,901 Water and Sewer Bond Fund 424 - Pump Station Landscape Proiect OBPI Total $241,982 Financial Impact Summary: idell SUMMARY.doc ~ _nnn_nn__n_._ MIAMI BEACH AGENDA ITEM DATE c.. 7E f;.--//-<J) (g MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission City Manager Jorge M. Gonzalez ~ April 11, 2007 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING CHANGE ORDER NO.7, IN THE AMOUNT OF $241,982, TO WIDELL, INC., FOR THE WATER AND WASTEWATER PUMP STATION UPGRADES PROJECT; WITH FUNDING, IN THE AMOUNT OF $230,081, TO BE APPROPRIATED FROM GULF BREEZE LOAN FUND 423, AND $11,901 FROM THE PREVIOUSLY APPROPRIATED FY 2006 CAPITAL BUDGET, WATER AND SEWER BOND FUN.D 424 FOR THE PUMP STATIONS LANDSCAPE PROJECT. ADMINISTRATION RECOMMENDATION FROM: FROM: SUBJECT: Adopt the Resolution. PROJECT FUNDING Funding in the amount of $230,081, to cover costs associated with Change Order NO.7 to Widell Inc. (Widell), is to be appropriated from Gulf Breeze Loan Fund 423. Funding in the amount of $11 ,901 which was previously appropriated in the FY 2006 Capital Budget Fund 424 for the Pump Stations Landscape Project will be used to cover the cost for the landscape added at Water Station W-4 and Waste Water Pump Station 21. ANAL YSIS In 1992, the City initiated a citywide infrastructure improvement program to address rehabilitation and upgrades to the water, sewer and storm water systems. On August 8, 1998, the City issued an Invitation to Bid (ITB) for the Water and Wastewater Pump Station Upgrades Project (Bid No. 99-97/98), and on February 3, 1999, under Resolution 99-23061, the City Commission awarded the construction contract for the project to Felix Equities, Inc. in the amount of $17,692,568. On June 7, 2002, as a result of the default of Felix Equities, the City terminated the contract, and entered into litigation against the contractor and its surety bonding company (United States Fidelity & Guaranty Company). During the course of the litigation, all sides agreed to settle the cases and in Resolution 2004-25765A, the City of Miami Beach approved the settlement amount. The City then procured a new contractor to resume the work that Felix Equities had started. Pursuant to Resolution 2004-25465, the City Commission awarded the re-procurement contract to Widell, in the amount of $17,352,615, and work commenced throughout the City. On March 16,2005, Resolution 2005-25847 approved the appropriation of additional funds to include a new telemetry system and add miscellaneous scope to the project. Commission Memorandum Apri/11, 2007 WWPSU Change Order Seven Page 2 of 3 The scope of work includes furnishing and installing all necessary materials, equipment, supplies and associated work including labor, excavation, etc. to complete the major renovation of twelve (12) dry-pit wastewater pump stations (WWPS), two of which are dual stations that also feature booster pumps that pressurize the force main; renovation of four (4) water pump stations; construction of six (6) electrical/generator buildings; installation of a new system-wide process instrumentation and control system; and the replacement of eleven (11) submersible wastewater pump stations. The project encompasses work at 31 different sites and accounts for over 110 building permits which require multiple inspections and final certifications. The contractor has substantially completed the following pump stations and the City is already benefiting from the operation of the new pumps and control system: Dry-pit wastewater stations . Pump Station 1 at 1051 Jefferson Avenue . Pump Station 19 at 6854 Indian Creek Drive . Pump Station 23 at 750 75th Street . Pump Station 24 at 8100 Hawthorne Avenue . Pump Station 15 at 5100 Pine Tree Drive Dry pit/booster dual stations: . Pump Station 28 at 2800 Sheridan Avenue . Pump Station 29 at 6310 Indian Creek Drive Submersible wastewater stations . Pump Station 4 at 104 West Palm Midway, Hibiscus island . Pump Station 5 at 187 palm Avenue, Palm Island . Pump Station 6 at 100 Venetian Way, San Marino Island . Pump Station 13 at 2260 Sunset Drive, Sunset Island NO.2 . Pump Station 14 at 2730 Sunset Drive, Sunset Island NO.3 . Pump Station 18 at 6560 Pine Tree Lane, La Gorce Island Water Stations . Pump Station W-4 at 1050 Arthur Godfrey Road. . Pump Station W-3 at 850 71 Street. Water Booster Station . Terminal Island water Booster Station and 20" water line. The project is currently approximately four hundred and fifty (450) days late. Widell continues to deal with the consequences of accepting owner-furnished materials previously purchased by Felix Equities. The need to return defective equipment to the manufacturers for refurbishment and re-certification, as well as having to replace parts and equipment that were damaged or deteriorated, while in storage, also contributed to the overall delay. Finally, the excessive demand on construction trades in the South Florida area in the last two years has resulted in manpower shortages, especially with qualified electrical subcontractors that are very critical to this industrial project. City staff, CDM and Widell are currently negotiating additional contract time due to these circumstances. Additionally, due to the extremely deteriorated condition of the stations, Widell has had to respond to various emergency requests from the City to work on stations outside of their pre- established schedule. A number of aged pumps at several stations had ceased to operate prior to Widell's work commencing and the City had to by-pass those stations in order to maintain the flows in the area. Widell was directed to expedite the work in those stations to address the City's priorities and to avoid violations from authorities having jurisdiction. Commission Memorandum Apri/11, 2007 WWPSU Change Order Seven Page 3 of 3 In the past, four change orders have been added administratively to the Widell contract using previously allocated contingency funds; however, the contingency funding has been exhausted, and on January 17, 2007, City Commission authorized Change Order No.5 and NO.6 to Widell, as well as Amendments 18 and 19 to CDM. The contractor has reached 92.5% completion of the project with the submittal of their payment application No. 30, corresponding to the month of December 2006. Change Order NO.7 includes the additional work needed to restore/recertify ownerfurnished materials and the additional work due to field conditions and the extremely deteriorated condition of the stations; in addition to cover the cost for the landscape added at Water Station W-4 and Waste Water Pump Station 21. CONCLUSION The Administration recommends authorizing Change Order No. 7 in the amount of $241,982, to Widell, Inc., the contractor; with funding in the amount of $230,081, to be appropriated from Gulf Breeze Loan Fund 423, and using $11,901 which was previously appropriated in the FY 2006 Capital Budget Fund 424; for the Water and Wastewater Pump Station Upgrades Project. Attachments T:\AGENDA\2007\apr1107\Consent\Pump stations widell CH07.doc