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RESOLUTION RATIFYING ACTIONS OF COUNTY MAYOR OR HIS DESIGNEE PURSUANT TO PROVISIONS OF ORDINANCE 07-108 IN EXECUTING CHANGE ORDER NO. 1 TO CONTRACT NO. S-828 (A) FOR THE SOUTH DISTRICT WASTEWATER TREATMENT PLANT HLD UPGRADE TO 285 MGD, SITE PREPARATION, WITH LANZO CONSTRUCTION CO., FLORIDA, TO EXTEND MILESTONE 1C WITHOUT INCREASING THE CONTRACT AMOUNT OR EXTENDING THE CONTRACT TIME AND WAIVING LIQUIDATED DAMAGES

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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 hereby ratifies the actions of the County Mayor or his designee in approving Change Order No. 1 to Contract No. S-828 (A) for the South District Wastewater Treatment Plant HLD Upgrade to 285 MGD, Site Preparation with Lanzo Construction Co., Florida, to extend Milestone 1C without increasing the contract amount or extending the contract time and waiving liquidated damages.

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Date: June 3, 2008
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To: Honorable Chairman Bruno A. Barreiro
and Members, Board of County Commissioners
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From: George M. Burgess
County Manager

Subject: Change Order No.1 for South District Wastewater Treatment Plant, HLD Upgrade to 285 MGD, Site Preparation - Project No: N/A; Contract No: S-828 (A), to Lanzo Construction Co., Florida

STAFF RECOMMENDATION
RECOMMENDATION
The attached Change Order No. 1 on Contract No: S-828 (A) with Lanzo Construction Co., Florida and Miami-Dade County has been prepared by the Miami-Dade Water and Sewer Department (WASD) and is recommended for approval. This change order is to ratify the extension of Milestone 1C and waiving liquidated damages, without increasing the contract amount and extending the contract time.

SCOPE
PROJECT NAME: South District Wastewater Treatment Plant, HLD Upgrade to 285 MGD, Site Preparation

PROJECT NO: N/A

CONTRACT NO: S-828 (A)

PROJECT DESCRIPTION: The work consists of furnishing all materials, labor, and equipment necessary for the site preparation at the South District Wastewater Treatment Plant.

The project includes, but is not limited to the following: furnishing all materials, labor, and equipment necessary for clearing, grubbing and removal of organic material, in the existing asphalt liners in the sand drying beds portion of plant, excavation of existing fill material to be replaced with compacted select fill material from an off-site pit; backfill with compacted suitable fill material parking and control areas, and work roads; installation of asphalt pavement in parking and control areas and work roads; installation of steel sheeting retaining wall and drainage works; installation of dewatering pipes to the north and south pond areas; installation of electrical duct banks for future service; relocation of utilities; and addition of new parking spaces at the Plant Administration Building. Also, as part of the work is the demolition and removal of existing structures and piping on site; abandonment of existing sludge bed piping including capping and plugging; furnishing and delivering long lead ductile iron fittings and filter under drain piping; support pile testing for future Clarifiers and Transfer Pump Station construction; coordination with multiple ongoing construction contracts; coordination with plant personnel to avoid interruption of service; complying with security restrictions; and all other appurtenant and miscellaneous items and work for a complete installation.

It is WASD�s intent to obtain a complete functional, and satisfactory installation under this project, and any items of labor, equipment or materials which may be reasonably assumed as necessary to accomplish this end shall be supplied whether or not they are specifically shown on the plans or stated in the specifications. The contractor shall provide all sheeting, shoring, bracing and all other labor, material or equipment required to preclude damage to, or loss of functionality of, any existing facility or system. PROJECT LOCATION: 23300 SW 88 Avenue, Miami-Dade County, Florida PRIMARY COMMISSION DISTRICT: District 8 Katy Sorenson APPROVAL PATH: Special Section 2-8.2.11 of the Code USING/MANAGING DEPARTMENT: Miami-Dade Water and Sewer Department

FISCAL IMPACT / FUNDING SOURCE

CHANGE ORDER FUNDING SOURCE: High Level Disinfection Construction Fund

PTP FUNDING: No

GOB FUNDING: No

CHANGE ORDER DESCRIPTION: This Change Order No. 1 is to request an extension of Milestone 1C and waiving liquidated damages, without increasing the contract amount, or extending the total contract time. For a complete description of the requested change, please see Time Justification below.

TIME JUSTIFICATION: Milestone No. 1C was set to expire on January 13, 2008. During this period, the Contractor experienced two unanticipated delays.

1) Design Delays

A portion of the �Dry Run� permit set was approved by the Miami-Dade County Building Department on October 17, 2007, this partial approval allowed the Contractor to start work on this site preparation project such as construction of the foundation, dewatering and roadwork. However, the design plans submitted in October by the Design Engineer, Hazen & Sawyer, P.C. (Hazen & Sawyer) were incomplete. There were design issues that needed to be resolved with other County departments which required multiple reviews including the installation of the two 60 X 24 temporary office trailers and the adjacent parking lot which did not comply with building code requirements. Since the design plans submitted by Hazen & Sawyer did not meet minimum building code requirements, construction was delayed.

The design plans were re-worked by Hazen & Sawyer and taken back to the Building Department for review in November 2007, however, it was determined that the second set of drawings had not been corrected to meet all of the outstanding issues noted in the first review. One month later, in December 2007, Hazen & Sawyer submitted a third set of drawings, once again, the design plans did not include all of the necessary revisions, as such, the Building Department made the necessary design corrections to move the project forward.

The Contractor was provided with design plans that had been through a partially approved dry run review, therefore, the Contractor should not be penalized. Construction was delayed because of design failures in different disciplines to meet building code. The overall completion of the work for this site preparation contract is ahead of schedule and the Contractor has already suffered a penalty in terms of the time value of the money withheld. Due to these additional requirements, the Contractor was negatively impacted by a total of 33 days.

2) Construction Delays

Once the permit was issued, the Contractor was required to complete the work as shown on the additional drawings. In preparation for the start of the additional work, the contractor had to obtain subcontractor quotes and prepare shop drawings. This preparatory work took 15 days. The actual work of constructing the handicapped ramp and sidewalk, paved parking area, and installing the site lighting required 21 days. Conducting the photometric study on the site lighting required another two days. In total, it took the contractor took 38 days to complete the additional work.

The impact caused by the delays during the period of Milestone 1C will not negatively affect the overall project closeout date. WASD is requesting that this milestone be extended for 71 calendar days, from January 13 to March 24, 2008. In accordance with the contract documents, WASD is withholding liquidated damages at a rate of $5,000 per day. Until such time that this milestone extension is approved, WASD will continue to withhold liquidated damages. �

This Balance
Original Previous Change After
Contract Adjustments Order Current Total Change
Values To Values Values Totals Paid Order
BASE: $12,703,500.00 $0.00 $0.00 $12,703,500.00 $7,544,459.07 $5,159,040.93
CONTINGENCY: $1,270,350.00 $0.00 $0.00 $1,270,350.00 $0.00 $1,270,350.00
DEDICATED: $501,105.00 $0.00 $0.00 $501,105.00 $2,561.44 $498,543.56
TOTALS: $14,474,955.00 $0.00 $0.00 $14,474,955.00 $7,547,020.51 $6,927,934.49



Original Previous This Change
Contract Adjustments Order Current
Duration To Duration Duration Totals
BASE DURATION: 395 0 0 395
CONTINGENCY: 40 0 0 40
TOTAL DURATION: 435 0 0 435

TRACK RECORD / MONITOR

PERFORMANCE RECORD: The CIIS database lists four contract evaluations with an average rating of 3.0 points out of a maximum score of 4.0.

PRIME CONTRACTOR: Lanzo Construction Co., Florida

COMPANY PRINCIPAL & QUALIFIERS: Matthew P. Tilli

COMPANY ADDRESS: 125 SE 5th Court,Deerfield Beach, Florida 33441

YEARS IN BUSINESS AT TIME OF AWARD: 26

PREVIOUS EXPERIENCE WITH COUNTY IN THE
LAST FIVE YEARS AT
TIME OF AWARD: 8 contracts in an amount of $9,946,374.00.

SUBCONTRACTORS AND SUPPLIERS (SECTION 10-34 MIAMI DADE COUNTY CODE): Pilome Engineering, Ferguson Enterprises, American Cast Iron Pipe, U.S. Precast and Allied Trucking

CONTRACT MANAGER: John W. Chorlog, Jr. (786) 552-8102

PROJECT MANAGER : Alma M. Santiago, P.E. (786)552-8243

MANAGER'S BACKGROUND
BACKGROUND The project consists of furnishing all materials, labor, and equipment necessary for the site preparation at the South District Wastewater Treatment Plant (SDWWTP). This project is one in a series of projects under the HLD Program to comply with Consent Order No. 03-1376 negotiated by Miami-Dade County and Florida Department of Environmental Protection, and to meet regulatory requirements resulting from a rule change implemented by the U.S. Environmental Protection Agency to meet effluent quality standards for deep well disposal. Upon the completion of the entire project, the SDWWTP will be rated as a 285 MGD plant.