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2009-208-1154 - N&J Contruction City of Miami Gardens Agenda Cover Memo Council Meeting Date: November 10, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Capital Projects Fund Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: 0809052 X Sponsor Name Dr. Danny O. Crew, City Manager Department: Capital Improvement Division Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER TO THAT CERTAIN AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND N & J CONSTRUCTION CORPORATION, TO EXTEND THE CONTRACT COMPLETION TIME BY 116 CALENDAR DAYS; AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT FOR AN ADDITIONAL 30 CALENDAR-DAY PERIOD, IF NECESSARY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Summary On December 12, 2007, the City Council under Resolution No: 2007‐171‐678, authorized that the City Manager to negotiate and execute a contract with N & J Construction Corporation, Inc. to construct the 56,000 square foot Community Center building located at 3000 NW 199th Street. To date, the facility is approximately 88% constructed. A request for additional time for construction has been submitted by the general contractor. Staff and the project Architect reviewed the request for additional time and are recommending an additional 116 days be granted, which will extend the construction final completion date per the contract from September 6, 2009 to January 1, 2010. The requested time extensions had occurred due to project conditions and events beyond the direct control of the general contractor. ITEM J-3) CONSENT AGENDA RESOLUTION Change Order to N & J Construction 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation During the course of the project construction four (4) specific delays occurred affecting the original project schedule hence impacting the original final construction completion date. The general contractor was required to substantially complete the work within 425 calendar days with final construction completion achieved 30 calendar days later for a total contract time of 455 calendar days, putting the original final construction completion date at September 6, 2009. The construction schedule was adversely affected to account for the following: 1. The delay in securing construction permits 2. Hazardous Materials Force Main Removals from the site delay 3. Tropical Storm Fay weather delay 4. FPL Design and installation of main power service to the building delay. The total time extension recommended by the project Architect and staff is 116 calendar days, for a total of 571 days to construct the Community Center. If this this recommendation is accepted, the new final construction completion date will be January 1, 2010. The contract for the project does not allow for additional compensation to the contractor for time extensions, hence the recommendation does not increase the contract amount. Attached as Exhibit‐A is a breakdown of the four (4) construction delays. Proposed Action: It is recommended that the City Council approve the attached resolution allowing the City Manager to authorize Change Order #2 which will extend the project final construction completion time by 116 calendar days, from 455 days to 571 days. The new final construction completion date is except to be January 1, 2010. In addition, the resolution gives the City Manager the authority to extend the contract an additional 30 calendars day, if necessary. Attachment: Attachment ‐A 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Miami Gardens Community Center Attachment‐A Staff has extensively negotiated the four delay requests and is recommending approval of an extension in the project construction time as follows: Delay 1‐ Construction Permits issuance later that the Original NTP Date. 15 Days Delay 2‐ Hazardous Materials Removal from the site affecting the Construction Schedule. 08 Days Delay 3‐Tropical Storm Fay Weather Impact to Schedule. 02 Days Delay 4‐FPL Design and installation of Main Power Service to The Building. 91 days _______ Total Days Recommended 116.00