TITLE
RESOLUTION AUTHORIZING EXECUTION OF CHANGE ORDER NO. 1 TO THE CONTRACT WITH AARYA CONSTRUCTION AND DESIGN, INC. FOR THE CONCOURSE �E� FIRE SPRINKLER AND FIRE ALARM UPGRADES, MDAD PROJECT NO. F117A, INCREASING THE CONTRACT BY AN AMOUNT NOT TO EXCEED $160,000.00; AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXECUTE THE CHANGE ORDER FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE THE PROVISIONS CONTAINED THEREIN

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board authorizes the Mayor or Mayor's designee to execute Change Order No. 1 to the contract with Aarya Construction and Design, Inc. for the Concourse �E� Fire Sprinkler and Fire Alarm Upgrades, MDAD Project No. F117A, increasing the contract by an amount not to exceed $160,000.00, and authorizing the Mayor or Mayor�s designee to exercise and enforce the provisions contained therein.

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Date: October 7, 2014

To: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Change Order No. 1 to Contract with Aarya Construction and Design, Inc., for the
Concourse �E� Fire Sprinkler and Fire Alarm Upgrades, MDAD Project No. F117A, in
the amount of $160,000.00

STAFF RECOMMENDATION
RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) approve Change Order No. 1 to the Concourse �E� Fire Sprinkler and Fire Alarm Upgrades Contract with Aarya Construction and Design, Inc. in the amount of $160,000.00.

SCOPE
Miami International Airport (MIA) is located primarily within Chairwoman Rebeca Sosa�s District Six; however, the impact of this item is countywide as MIA is a regional asset.

FISCAL IMPACT/FUNDING SOURCE
This change order increases the contract amount by $160,000.00. The source of funding is Miami-Dade Aviation Department (MDAD) Capital Improvement Program funds.

TRACK RECORD/MONITOR
Aarya Construction and Design, Inc. has performed work for MDAD at a satisfactory level. The Capital Improvements Information System (CIIS) lists 11 evaluations with an average rating of 2.9 out of 4, equating to satisfactory. MDAD Project Manager Roberto Rodriguez monitors the contract.

COMPLIANCE DATA
There is no history of violations for this firm in the County�s Small Business Development database.

MANAGER'S BACKGROUND
BACKGROUND
Pursuant to Resolution R-983-08, the Board awarded the contract for the Concourse �E� Fire Sprinkler and Fire Alarm Upgrades, MDAD Project No. F117A, to Aarya Construction and Design. Aarya achieved substantial completion and beneficial occupancy on July 29, 2011. During construction, Miami-Dade Fire Department field inspectors made continuous requests for additional work related to life and safety issues which were not part of the original scope of work. Due to the excessive amount of additional work requested, the original completion date was extended by 242 calendar days from November 29, 2010, to July 29, 2011, to enable Aarya to complete the work within the contract time. However, this situation created a financial burden on Aarya, so on August 22, 2013, the company submitted a delay claim for equitable adjustments for 762 calendar days at $800.00 per day for a total of $609,600.00.

Upon receiving the claim, MDAD retained the professional services of Alpha Corporation to assist in the review and evaluation of its merits. Alpha concluded that only 200 calendar days at $800.00 per day for a total of $160,000.00 would be considered compensable delays. MDAD agreed with Alpha�s recommendation.

A meeting was held on April 9, 2013, with representatives from MDAD, HNTB and Aarya to discuss the claim and arrive at a resolution that would be acceptable to the company and in the best interest of the County. The $160,000.00 represents a negotiated compromise settlement of all claims.

PROJECT NAME: MIA Concourse �E� Fire Sprinkler
and Fire Alarm Upgrades

PROJECT NO.: MDAD F117A

PROJECT DESCRIPTION: The project comprised the installation of all required life and safety equipment and components to upgrade the first, second and third levels of Concourse �E� to bring the systems into compliance with MIA�s Life Safety Master Plan, South Florida Building Code, and National Fire Prevention Association guidelines. This project also included design work for converting existing ramp level storage areas into office space.

COMPANY NAME/ADDRESS: Aarya Construction and Design, Inc.
7657 N.W. 50th Street Miami, Florida 33166

COMPANY PRINCIPAL(S): Sam Sami, President
Eric Sami, Vice President
Robert Sami, 2nd Vice President

GENDER/ETHNICITY
AND OWNERSHIP BEAKDOWN: Sam Sami, Male, Iranian - 80% ownership
Eric Sami, Male, Iranian - 10% ownership
Robert Sami, Male, Iranian - 10% ownership

HOW LONG IN BUSINESS: 24 years

PREVIOUS CONTRACTS
WITH THE COUNTY WITHIN
THE PAST FIVE (5) YEARS: According to the Company History Report provided by Small Business Development, the company has been awarded four (4) contracts totaling $1,629,345.00.

TERMS OF CONTRACT: The initial term of the contract was 650 calendar days. MDAD issued two (2) time extensions bringing the total contract time to 892 calendar days.

ORIGINAL CONTRACT AMOUNT: $4,465,125.00 including Inspector General Audit Account

RECOMMENDED MODIFICATION: Approval of this Change Order as settlement of all claims

CLASSIFICATION OF
CHANGE ORDER: County and other agency requested change

ADJUSTED CONTRACT AMOUNT: $4,625,125.00


PERCENT INCREASE
THIS CHANGE ORDER: 3.58%

CONTRACT MEASURES: The Review Committee established this project as a CSBE Level 2 � 25% Subcontractor Goal

CONTRACT MEASURES
ACHIEVED AT AWARD: 10% Aarya Construction
15% Solares Electric

CONTRACT MEASURES
ACHIEVED TO DATE:
(Rounded)������������������������������������������ 17% ($ 692,204.22) Solares Electric
����������������������������������������������� 11% ($ 445,500.00) Aarya Construction
28%� ($ 1,137,704.22)

IPSIG/INSPECTOR GENERAL: Provisions included

USING DEPARTMENT: Miami-Dade Aviation Department




_____________________________________
Jack Osterholt , Deputy Mayor