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Resolution 2022-32384RESOLUTION NO. 2022-32384 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ADMINISTRATION TO FINALIZE, CONSISTENT WITH THE CONDITIONS SET FORTH IN THIS RESOLUTION: 1) AMENDMENT NO. 1 AND ADDITIVE CHANGE ORDER NO. 7, MODIFYING THE TERMS AND CONDITIONS TO THE DESIGN/BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND RIC-MAN CONSTRUCTION FLORIDA, INC., FOR THE WEST AVENUE PHASE II IMPROVEMENTS NORTH OF 14TH STREET PROJECT, FOR ADDITIONAL DESIGN AND ENGINEERING SERVICES, COST ESCALATION OF CONSTRUCTION COMMODITIES AND LABOR, EXTENDED PRE-CONSTRUCTION SERVICES, ESCALATION OF GENERAL CONDITIONS AS A RESULT OF A SEVENTEEN (17) MONTH DELAY, ADDITION OF THREE MICRO-PUMP STATIONS AT CERTAIN LOW LYING PROPERTIES, EXPANDED HARMONIZATION SCOPE FOR PRIVATE PROPERTIES, REVISED AND UPGRADED HANDRAIL DESIGN, CONCRETE UNDERSLAB AT CERTAIN ROADWAY ENDS AND AN EXTENSION TO THE CONTRACT TIME OF 521 CALENDAR DAYS, WITH SAID CHANGE ORDER NO.7 CONSTITUTING AN ADDITIVE CHANGE ORDER FOR A TOTAL AMOUNT OF $12,726,291 PLUS A 10% OWNER’S CONTINGENCY IN THE AMOUNT OF $1,272,629, RESULTING IN AN INCREASE OF THE TOTAL CONTRACT AMOUNT TO $83,687,596, WHICH CHANGE ORDER NO. 7 SHALL UTILIZE PREVIOUSLY APPROPRIATED FUNDING FROM THE WEST AVENUE PHASE II IMPROVEMENTS SOUTH OF 14 STREET PROJECT; 2) AMENDMENT NO. 1 AND CHANGE ORDER NO. 7 MODIFYING THE TERMS AND CONDITIONS, TO THE DESIGN/BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND RIC-MAN CONSTRUCTION FLORIDA, INC., FOR THE WEST AVENUE PHASE II IMPROVEMENTS SOUTH OF 14TH STREET PROJECT, FOR A CREDIT FOR WORK NOT PERFORMED IN THE AMOUNT OF ($13,998,920), WITH THE INTENT AND PURPOSE OF FUNDING CHANGE ORDER NO. 7 TO THE WEST AVENUE PHASE II IMPROVEMENTS NORTH OF 14TH STREET PROJECT, REVISING THE TOTAL CONTRACT AMOUNT TO $11,939,318; AND 3) A SETTLEMENT AGREEMENT DISMISSING THE LAWSUIT FILED BY RIC-MAN CONSTRUCTION FLORIDA, INC. AGAINST THE CITY ASSERTING CLAIMS ARISING OUT OF THE WEST AVENUE PHASE II IMPROVEMENTS PROJECTS CONTRACTS (NORTH OF 14TH STREET AND SOUTH OF 14TH STREET) BETWEEN RIC-MAN CONSTRUCTION FLORIDA, INC. AND THE CITY OF MIAMI BEACH; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FOREGOING AMENDMENTS, CHANGE ORDERS AND SETTLEMENT AGREEMENT, SUBJECT TO FORM APPROVAL BY THE CITY ATTORNEY. WHEREAS, the West Avenue neighborhood is one of the lowest lying areas in the City with elevations as low as 1.7’ NAVD, with certain areas of West Avenue having experienced flooding from high tides 58 times (NOAA Virginia Key tidal gauges) since 2017; and WHEREAS, flooding is expected to worsen, as the City faces 14-30 inches of sea level rise over the next thirty years (Southeast Florida Regional Climate Change Compact, 2019); WHEREAS, a high groundwater table and intense rain events result in additional compound flooding concerns and without the deployment of temporary pumps, segments of the neighborhood flood regularly during intense rain events and king tides; and WHEREAS, Miami-Dade County is planning for 2 feet of sea level rise by 2060, and the United States Army Corps of Engineers is planning for 3 feet of sea level rise by 2070; and WHEREAS, concurrent to the Florida Department of Transportation's renovation of Alton Road, in 2014 the City executed a design-build agreement for Phase I of the West Avenue Project, making utility and roadway improvements along West Avenue, north of Lincoln Road and south of 8th Street; and WHEREAS, the West Avenue Phase II Improvements Project (Project) represents a comprehensively defined neighborhood improvement program, focused on resolving challenges associated with climate impacts and aged infrastructure and designed to enhance quality of life for residents of this vulnerable neighborhood; and WHEREAS, the proposed improvements within the West Avenue neighborhood include the replacement of the existing water distribution/transmission systems and gravity sanitary sewers, installation of a new robust storm water drainage collection and pumping system, the raising of the paved roadway and harmonization to the adjacent properties, installation of new street lighting, pedestrian lighting, replacement of existing traffic signalization at intersections with new signalization featuring mast arms, installation of new landscapingand irrigation, and the construction of a new bay walk segment; and WHEREAS, the limits of the Project are West Avenue between 8th Street and Lincoln Road, including side streets, and Bay Road between 14th Street and Collins Canal, and includes upgrading the project to city standards of resilience of the neighborhood, as well as harmonizing between the two phases; and WHEREAS, due to the size of the neighborhood, the Project scope was divided into two contracts, with 14th Street being the dividing line; and WHEREAS, on March 22, 2017, the Mayor and City Commission awarded two contracts for design-build services to Ric Man Construction Florida, Inc. (Ric-Man); and WHEREAS, during the more than five years since award,this project has been redesigned multiple time due to extensive vetting by multiple stakeholder groups and highly regarded independent professional/academic organizations such as the Urban Land Institute (ULI) and Columbia University's Resilience Accelerator program, resulting in various change orders to address changes in design; and WHEREAS, on March 22, 2017, the Mayor and City Commission.adopted Resolution No. 2017-29800, awarding design/build services to Ric-Man Construction Florida, Inc (Ric-Man), for the West Avenue Phase II Improvements North of 14th Street (North Agreement) with the guaranteed maximum price of$29,669,344, including a 10% contingency; and WHEREAS, on January 11, 2018, Change Order No. 1 was executed for a 30-day non- compensatory time extension due to the impact of Hurricane Irma; and 2 WHEREAS, on March 16, 2018, Change Order No. 2 was executed in the amount of $3,270,932 for funding of the above-ground improvements to the project, with no additional time extension, increasing the cost of the Agreement to $32,940,276; and WHEREAS, on December 12, 2018, City Commission adopted Resolution No. 2018- 30652 authorizing the City Manager to negotiate Change Order No. 3 for additional design and construction changes associated with the recommendations made by the Columbia University Resiliency Accelerator Program, the Urban Land Institute(ULI)and for additional scope for a total of$17,763,900, including contingency; and WHEREAS, on April 30, 2019, Change Order No. 3A was executed in the amount of $579,752 as the first partial request from Ric-Man of the approved Change Order No. 3 for the costs incurred in support of the Columbia University Resiliency Accelerator Workshop, re-start impacts after a 1 year delay and 10-year storm drainage modeling to allow for further design in order to be able to negotiate the price of the remaining change order scope; and WHEREAS, on June 16, 2019, Change Order No. 3B was executed in the amount of $17,171,211 as the second partial request from Ric-Man of the previously approved Change Order No. 3 and includes emergency generator sets, street end enhancements, additional pumps, additional street improvements; and WHEREAS, on September 17, 2019, Change Order No. 4 was executed in the amount of $327,093 to account for the 10% contingency for the above-ground improvements, which were previously added to the Agreement as Change Order No. 2; and WHEREAS, on April 4, 2020, City Commission adopted Resolution No. 2020-31243 authorizing the City Manager to negotiate Change Order No. 5 for design services associated with additional water quality treatment, as required by the Miami-Dade County Regulatory and Economic Resources Department (RER) for a total not-to-exceed of $1,147,037, including contingency and the City negotiated a final change order of$1,101,959; and WHEREAS, on June 23, 2021, City Commission adopted Resolution No. 2021- 31752 approving and authorizing the City Manager to negotiate and execute Change Order No. 6 with Ric-Man Construction Florida, Inc., for the West Avenue Phase II Improvements North of 14th Street, for construction of additional water quality treatment, revised storm water criteria, relocation of the pump station, cost escalation, and a reduction in previously authorized owner's contingency in the net change amount of$17,568,384, as well as an increase in contract time of 1,961 calendar days; and WHEREAS, the total contract value for the North Agreement, subsequent to Change Order No. 6, is $69,688,675; and WHEREAS, on March 22, 2017, the Mayor and City Commission adopted Resolution No. 2017-29799, awarding design/build services to Ric-Man for West Avenue Improvements Phase II South of 14th Street (South Agreement) with,the guaranteed maximum price of $12,809,754, including a 10% contingency; and WHEREAS, on January 11, 2018, Change Order No. 1 was executed for a 30-day non- compensatory time extension due to the impact of Hurricane Irma; and 3 WHEREAS, On March 16, 2018, Change Order No. 2 was executed in the amount of $1,468,359 for funding of the above-ground improvements to the project, with no additional time extension; and WHEREAS, on December 12, 2018, City Commission adopted Resolution No. 2018- 30653 authorizing the City Manager to negotiate Change Order No. 3 for additional design and construction changes associated with the recommendations made by the Columbia University Resiliency Accelerator Program, the ULI and for additional scope for a total of $6,567,000, including contingency; and WHEREAS, on April 30, 2019, Change Order No. 3A was executed in the amount of $353,094 as the first partial request from the Ric-Man for the costs incurred in support of the Columbia University Resiliency Accelerator Workshop, re-start impacts and 10-year storm drainage modeling, to allow for further design in order to be able to negotiate the price of the remaining change order scope; and WHEREAS, on June 16, 2019, Change Order No. 3B was executed in the amount of $6,213,895 as the second partial request from Ric-Man of the previously approved Change Order No. 3 and includes emergency generator sets, street end enhancements, additional street improvements; and WHEREAS, on September 17, 2019, Change Order No. 4 was executed in the amount of $146,836 to account for the 10% contingency for the above-ground improvements, which were previously added to the Agreement as Change Order No. 2; and WHEREAS, on April 4, 2020, City Commission adopted Resolution No. 2020-31243 authorizing the City Manager to negotiate Change Order No. 5 for design services associated with additional water quality treatment, as required by RER for a total not-to-exceed of$639,314, including contingency and the City negotiated a final change order of$596,261; and WHEREAS, on June 23, 2021, City Commission adopted Resolution No. 2021- 31752 approving and authorizing the City Manager to negotiate and execute Change Order No. 6 with Ric-Man Construction Florida, Inc., for the West Avenue Phase II Improvements South of 14th Street, for additional water quality treatment, revised storm water criteria, cost escalation, and a reduction in previously authorized owner's contingency in the net change amount of$4,350,038, as well as an increase in contract time of 1,558 calendar days; and WHEREAS, the total contract value for the South Agreement, subsequent to Change Order No. 6, is $25,938,238; and WHEREAS, with any project of this nature and complexity, it is expected that numerous challenges will arise during the course of the planning, design and construction phases and while the project team has worked diligently to address those challenges as they arose, it is undeniable that certain challenges became nearly insurmountable; and WHEREAS, the Administration has made significant progress in resolving the concerns and challenges that have been raised by governmental agencies, regulatory agencies, residents, businesses and City Commissioners; and 4 WHEREAS, a significant milestone was achieved earlier this year, when the Design Review Board (DRB) issued an approval order for the project, including the parking lot improvements for the pump station; and WHEREAS, on January 27, 2022, the Administration reported via LTC#032-2022 that the neighborhood would experience a significant loss of parking spaces and the Commission and residents raised concerns about this issue and the parking plans for the project were re-evaluated; and WHEREAS, Ric-Man, under the direction of the Administration, has delivered a parking analysis, which City staff continues to evaluate in the furtherance of reducing, to the extent possible, any potential parking loss; and WHEREAS, the Administration has re-established and opened new lines of communication with the stakeholders, having held multiple in-person meetings both on site and at City Hall; and WHEREAS, these meetings have allowed the project team to address stakeholder concerns in a comprehensive manner; and WHEREAS, the team has upgraded the project website, including an expanded Frequently Asked Questions (FAQ) page, and the team will periodically update the content on the website to keep stakeholders informed with the latest information; and WHEREAS, the Administration and project team have prepared user-friendly project information packages to share with property owners, including straightforward and understandable collateral materials prepared by the City's Marketing and Communications Department to address a need expressed by some City residents; and WHEREAS, the Administration also found a solution to an issue raised at the end of January 2022 by the South Florida Water Management District (SFWMD) regarding signature requirements for the Environmental Resource Permit required to do the work; and WHEREAS, the SFWMD initially indicated it would require individual permit applications for each of the 175 properties prior to issuing a permit; and WHEREAS, following several meetings between the City Attorney's Office and SFWMD's legal counsel, a solution was crafted which would utilize a revised harmonization agreement and irrevocable license (Harmonization Agreemen")which would satisfy SFWMD's concerns; and WHEREAS, the City Attorney's Office and City Staff also secured the agreement of the SFWMD to allow for the project to be permitted in segments providing a simplified path to permitting and construction as this segmentation will enable Ric-Man to proceed with work in each segment once it obtains signed Harmonization Agreements from property owners in such segment; and WHEREAS, another complex, and arguably the most prominent challenge for the project relates to the City's long-standing policy whereby private property owners could be responsible for some of the costs of harmonization and restoration associated with neighborhood improvement projects such as this one and this item, specifically, was heard at numerous Commission and Committee meetings, and resulted, on one occasion, in Resolution No. 2020- 5 31473, directing the Administration and City staff to investigate an establish a means to reimburse the property owners for Building Permits up to a maximum of$1,000 per property; and WHEREAS, the item continued to be a point of concern, and some of our affected residents, as well as Commissioners, have asked the Administration to reconsider the City's policy regarding the costs of harmonization to be borne by property owners, and, if feasible, for the City to cover some or all of these costs; and WHEREAS, on September 28, 2022, the City Commission adopted Resolution No. 2022- 32332 directing the Administration to identify the cost for a potential proposed grant program to assist property owners with the out-of-pocket expenses with respect to harmonization for the West Avenue Improvement project; WHEREAS, in light of this request, City staff directed Ric-Man to provide cost estimates for restoring the private properties as closely as possible to pre-project conditions, beyond the restoration work already included in Ric-Man's contractual scope; and WHEREAS, Change Order No. 7 to the North Agreement provides for expanded private property harmonization and restoration at the City's expense; and WHEREAS, including funding for the private property harmonization in Change Order No. 7 to the North Agreement will both eliminate the concerns the Commission sought to address in Resolution No. 2020-31473 and accomplish the goals of Resolution No. 2022-32332;; and WHEREAS, on April 27, 2022,the Administration received a letter from Ric-Man indicating that it had instructed its counsel to prepare a declaratory relief action seeking termination of both design-build agreements and inviting the City to negotiate a "Termination for Convenience" of the design-build agreements; and WHEREAS, the City has the right to terminate the design-build agreement for its convenience in addition to the right to terminate in the event of a breach by Ric-Man; and WHEREAS, the City has not elected to exercise either of these options at this time; and WHEREAS, per the terms of the Agreement, Ric-Man can terminate the design-build agreement only upon the occurrence of two conditions (i.e., the issuance of a stop work order by a court or other public authority for a period of more than 90 days due to no act or fault of Ric- Man or the City's nonpayment of an undisputed amount owed), neither of which has occurred; and WHEREAS, in a subsequent letter dated May 6, 2022, Ric-Man reiterated its request that the City "should issue a Termination for Convenience" noting "continuing project support costs, and escalation"; and WHEREAS, on May 11, 2022, Ric-Man filed suit against the City; and WHEREAS, after several meetings to review the claim and evaluate the options and impact of the termination of the contract, on June 15, 2022, a meeting to negotiate the terms of the termination was held with Ric-Man, the City Attorney's Office and CIP; and WHEREAS, the negotiation meeting was unsuccessful, and a mediation was subsequently scheduled for August 31, 2022, as required by the terms of the contract; and 6 WHEREAS, as a result of discussions with members of the community approaching Ric- Man with the request to keep the project moving forward, on June 27, 2022, before the scheduled mediation, Ric-Man forwarded a proposal (Restart Proposal) in lieu of the termination sought through the claim, which proffered allowing a portion of the project to continue forward; and WHEREAS, the terms of Ric-Man's proposal included pausing the West Avenue Phase II Improvements South of 14th Street contract and reallocating funds from the South Agreement to the North Agreement, in order to fund additional costs in the West Avenue Phase II North of 14th Street project; and WHEREAS, the added costs being requested for the North Agreement included increased design and construction costs, as well as costs increases to commodities and labor, and are more thoroughly described below; and WHEREAS, alternatively, the City could allow the lawsuit to proceed and ultimately, whether as a result of the litigation or through a negotiated settlement — terminate the North Agreement and South Agreement; and WHEREAS, following such termination, the City would assume the agreements with the designers, and pursue re-bidding the project(s); and WHEREAS, the Administration and City staff evaluated the proposal and other options available, and determined that, in the interest of moving the project forward, further consideration and discussion was warranted; and WHEREAS, during the period prior to the date of the scheduled mediation, City staff endeavored to evaluate the Restart Proposal; and WHEREAS, through the limitations on communications and meetings imposed by the upcoming mediation, Ric-Man and the Administration agreed to utilize the mediation to simultaneously negotiate and address both the Termination for Convenience and the Restart Proposal; and WHEREAS, the stated intent of that mediation was to establish the terms and conditions associated with the termination, as well as the Restart Proposal and on August 31, 2022, the mediation session was held; and WHEREAS, after an extensive session, many of the items in contention remained unresolved; and WHEREAS, all parties agreed, in the interest of advancing the negotiations, to continue discussions and meetings outside of the mediation,and scheduling a follow-up mediation session; and WHEREAS, numerous meetings and exchanges were held and as recently as Wednesday, October 19,2022, City staff and Ric-Man held a negotiation session to attempt to resolve the remaining items of contention, followed by further communications Thursday, October 20, 2022, Friday, October 21, 2022 and Monday, October 24, 2022; and WHEREAS, the proposed Amendment No. 1 to the North Agreement, Change Order No. 7 to the North Agreement, Amendment No. 1 to the South Agreement, Change Order No. 7 to the South Agreement and the Settlement Agreement resolving the litigation between Ric-Man and the City (the foregoing documents being attached as Exhibits B through F to the Memorandum accompanying this Resolution) represent the culmination of those negotiation efforts; and 7 1. WHEREAS, the formal proposal submitted by Ric-Man (Proposal) (attached as Exhibit A to the Memorandum accompanying this Resolution) to pause the south portion of the project and proceed with the north portion of the project that forms the basis for Change Order No. 7 to the North Agreement including the following additional project related costs and associated time extension in respect of the north portion of the Project:Additional Design and Engineering Services ($ 803,022): Ric-Man's design consultant, CES Consultants, has submitted multiple requests for additional compensation for work they consider to be beyond the original scope of work. City staff and the City's Construction Engineering and Inspection consultant(CEI) have reviewed the requests and determined that a portion of the request was fair and reasonable. As a result of the ongoing negotiations, an amount of$ 803,022, was agreed. 2. Cost Escalation of Construction Commodities and Labor ($ 8,540,238): Ric-Man has requested additional compensation as a result of increases in construction costs, beyond that which could have been anticipated or previously included in the contract. Ric-Man has provided documentation and based the request on information from the U.S. Bureau of Labor Statistic's Producer Price Index, for the period from June 2021 through June 2022. The City's CEI and City staff have reviewed and analyzed the information provided and find the substantiating documentation reasonable and in line with current market conditions. It is important to note that although the City's contract with Ric-Man does not provide for cost escalation consideration, it has been contemplated and negotiated in light of the extraordinary market conditions and fluctuations. This request equates to an approximate 14.4% escalation in construction costs. 3. Extended Pre-Construction Services ($ 545,000); Ric-Man has requested additional compensation for costs incurred associated with consultant costs, and direct and indirect costs for the field office and corporate office. The request shall compensate Ric-Man for the delay in the ability to commence construction from October 2021 through the anticipated commencement of construction in March 2023. 4. Escalation of General Conditions ($ 159,206): Ric-Man is projecting an escalation in costs associated with project general conditions, for the 17 month (521 day) delay in obtaining harmonization and Harmonization Agreements, and the ability to commence construction. The proposal includes a 0.5% increase in costs, per month, for indirect project costs for the 17-month time period. 5. Addition of Micro-Pump Stations ($ 313,894); The City requested that the design-builder perform a stormwater model analysis of the West Avenue Basin considering the stormwater influence outside of our project area, in particular from the area east of Alton Road (Flamingo Neighborhood). Based on the analysis, the design-build team recommended that the project include additional drainage measures, in the form of micro- pump stations, at 15 properties throughout the corridor, until the Flamingo Neighborhood Improvement Project is implemented in the future. It is important to note that this is an existing condition, and while the West Avenue Phase II Improvement Project is reducing the risk of flooding to these properties, it will not meet the intended protection at these specific locations until the completion of the Flamingo Neighborhood Improvement Project. Of these (15) properties, only three (3), lie within the limits of the West Avenue Phase II North of 14th Street project limits and will be installed at this time. The remaining (12) locations will be addressed by the West Avenue Phase II South of 14 Street Project and are not part of this Change Order. 6. Expanded Harmonization Scope for Private Property Owners ($ 2,113,300); One of the principal impediments, and primary resident concerns, to obtaining executed harmonization and licensing agreements was the costs to property owners associated with the completion of the property harmonization. This cost request relates to the City's long- standing policy whereby private property owners are responsible for some of the costs of 8 harmonization and restoration associated with neighborhood improvement projects. The design criteria package for this project outlined and established that long-standing policy and defined the limits of the work to be performed by the contractor under the harmonization scope. In the interest of addressing the concerns of the residents, and the requests of certain Commissioners to re-evaluate that policy, the Administration has directed Ric-man to include that harmonization scope beyond the original scope, which would otherwise have resulted in a cost to the residents. This approach resolves the concerns of the residents and the Commission and provides a method by which the project can be completed without monetary impact to the residents. 7. Revised and Upgraded Handrail Design ($ 204,431); On April 5, 2022, the project was presented to the City's Design Review Board (DRB). As a condition of the approval order, the DRB recommended modifying the design of the typical metal railings used throughout the project. The design criteria package specifies the use of a standard FDOT railing design. As a result of the recommendation, Ric-man will incur an added cost for the DRB specified and required railings. 8. Concrete Underslab at Paver Roadways($47,200): Certain roadway ends within the West Avenue Phase II Improvements, North of 14 Street project called for the inclusion of a concrete paver roadway surface. In an effort to extend the longevity of the roadway service and thereby extend the service life of the road, City staff requested that Ric-Man include a concrete underslab in the assembly details at Lincoln Court, Bay Road north of Lincoln Road, Lincoln Road from Lincoln Court to the bay and the intersection of Lincoln Road and Bay Road. 9. Contract Time Extension; Due to the inability to obtain executed harmonization agreements and other challenges precluding the intended start of construction, Ric-Man has identified a 17-month delay to the project. This change order will therefore extend the contractual substantial completion date by 17 months (521 days), for an anticipated substantial completion date of June 16, 2026. The extension is for excusable, non- compensable contract time, and shall not receive any additional compensation beyond that outlined above. WHEREAS, the amount for this Change Order No.7 (Exhibit B to the Memorandum accompanying this Resolution) for the North Agreement is $12,726,291, plus an additional 10% Owner's Contingency in the amount of$1,272,629; and WHEREAS, this Change Order No. 7 to the North Agreement will increase the existing contract with Ric-Man from $69,688,676 to$83,687,596,for West Avenue Phase II Improvements North of 14th Street; and WHEREAS, the Administration and Ric-Man have negotiated the terms under which a Termination for Convenience could be engaged and throughout the negotiations for this Change Order No. 7, the parties have simultaneously negotiated the terms of a termination for convenience by the City in the case that the restart of the project is unsuccessful; and WHEREAS, as a condition of this Change Order, Ric-Man will assume full responsibility, with the City's reasonable assistance, in obtaining the necessary private property Harmonization Agreements. WHEREAS, in order for the City to issue a Notice to Proceed with construction activities, Ric-Man must first obtain signed harmonization agreements with 90% of property owners in the first two segments (or such lower percentage as the City shall determine in its sole discretion); and 9 WHEREAS, with the understanding that this item was a major contributor to the delays and added costs of the project, and in an effort to establish the manner in which Harmonization Agreements will be obtained, the City has proposed that Ric-Man meet with each property owner a minimum of two times in order to present and explain the harmonization drawings and address any concerns or requests; and WHEREAS, subsequent to that effort, any property owner electing to decline the harmonization, will receive a 30-day written notice that in the absence of communication to the contrary, the project will proceed to design and construct harmonization occurring within the right- of-way; and WHEREAS, should Ric-Man be unable to obtain the requisite number of harmonization agreements prior to the anticipated construction commencement of March 2023, then the North Agreement would be deemed terminated for convenience and the City would pay Ric-Man a pre- negotiated termination fee; and WHEREAS, the City will issue Notices to Proceed for each Segment only (a) if Ric-Man has achieved Substantial Completion in respect of the preceding Segment and (b) if Ric-Man has secured Harmonization Agreements from the requisite percentage of property owners (as determined by the City in its sole discretion) in the applicable segment; and WHEREAS, the Proposal contemplates pausing the portion of the project that is south of 14th Street, and reallocating funds from the South Agreement to the North Agreement with the intent of funding the added project cost for the North Agreement; and WHEREAS, Change Order No. 7 to the South Agreement(Exhibit C to the Memorandum accompanying this Resolution) shall provide a credit to the City for work not performed in the amount of($13,998,920), to be utilized in the West Avenue Phase II North of 14th Street project, decreasing the existing contract with Ric-Man from $25,938,238 to $11,939,318; and WHEREAS, simultaneously, the City is seeking $10,000,000 in grant funding and identifying other potential funding sources with which to re-fund the shortfall; and WHEREAS, should the City elect, at any time, to engage a Termination for Convenience for the South Agreement, there would be no additional compensation to Ric-Man as a result of that termination; and WHEREAS, the Administration has endeavored to maintain and encouraged the renewed communication between the project team and the stakeholders, including West Avenue Neighborhood Association (WAvNA) and the North of Fifth Neighborhood Association (NoFNA) and throughout this process, there have been ongoing communications, advising community representatives of the challenges encountered; and WHEREAS, on Monday, September 26, 2022, City staff, met with community representatives from WAvNA and NoFNA, to discuss Ric-Man's proposal and harmonization plans; and WHEREAS, the representatives expressed support for the City's proposed resolution to the harmonization concerns, and the ongoing efforts to resolve Ric-Man's claim; and 10 WHEREAS, on October 3, 2022, representatives of the Office of Capital Improvement Projects attended the WAvNA meeting to update the organization on the current status of the project and the update was well received and questions were addressed to the extent possible; and WHEREAS, residents in attendance did express concern over the potential delay in proceeding with the completion of the south contract, and recommended that the City, at a minimum, repave the area during the delay and address pedestrian safety concerns; and WHEREAS, in full compliance with the Management Policy for Internal Controls adopted by City Commission under Resolution 2022-32047, the Administration is hereby presenting to the Commission for its consideration and approval, this change order#7; and WHEREAS, under this Policy, this change order is considered a Major Change since it will increase the project construction cost by more than 10% and this memo includes information that meets the requirements outlined in the Policy; and WHEREAS, this Change Order represents a 17% cost increase in the contract price and it includes, additional design and engineering services, cost escalation of construction commodities and labor, extended pre-construction services, general conditions escalation, addition of Micro-Pump stations, additional harmonization scope for private property owners, revised and upgraded handrail design and concrete underslab at paver roadways, and this change order also includes a contract time extension of 521 calendar days; and WHEREAS, the change order has been negotiated in close coordination with the City Manager's Office, the Public Works Director and the CIP Director; and WHEREAS, the information required to be included in the Major Modification to the Project Scope form has been added in this change order; and WHEREAS, Ric-Man, the City and the City's CEI consultant reviewed, analyzed, and negotiated the additional costs proposals and these were determined to be consistent with market conditions, complex logistics of construction for a project of this nature and reflect the scope changes previously described; and WHEREAS, the Administration recommends that the Mayor and City Commission adopt the resolution approving and authorizing the Mayor and City Clerk to execute 1)Amendment No. 1 (Exhibit C to the Memorandum accompanying this Resolution)and Change Order No. 7(Exhibit B to the Memorandum accompanying this Resolution)to the West Avenue Phase II Improvements North of 14th Street contract with Ric-Man Construction Florida, Inc., in the amount of $12,726,291 and a 10% Owner's Contingency in the amount of $1,272,629, utilizing previously appropriated funding for the West Avenue Phase II Improvements South of 14 Street contract; 2) Amendment No. 1 (Exhibit E to the Memorandum accompanying this Resolution) and Change Order No. 7 (Exhibit D to the Memorandum accompanying this Resolution) with Ric-Man Construction Florida, Inc., for the West Avenue Phase II Improvements South of 14th Street in the amount of ($13,998,920) for the purpose and intent of funding the additional project costs associated with Change Order No. 7, for the West Avenue Phase II Improvements North of 14 Street contract; and 3) the Settlement Agreement(Exhibit F to the Memorandum accompanying this Resolution) for the West Avenue Phase II Improvements Projects (North of 14th street and 11 South of 14th street) between Ric-man Construction Florida, Inc. and the City of Miami Beach; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approves and authorizes the Administration to finalize, consistent with the conditions set forth in this Resolution: 1) Amendment No. 1 modifying the Terms and Conditions, and Change Order No. 7, to the Design/Build Agreement between the City of Miami Beach, Florida, and Ric-Man Construction Florida, Inc., for the West Avenue Phase II Improvements North of 14th Street Project, for additional Design and Engineering Services, cost escalation of construction commodities and labor, extended pre-construction services, escalation of general conditions as a result of a seventeen (17) month delay, addition of three micro-pump stations at certain low lying properties, expanded harmonization scope for private properties, revised and upgraded handrail design, the change order also includes an extension to the contract time of 521 calendar days, with said Change Order No.7 constituting an additive change order for a total amount of$12,726,291 plus a 10% Owner's Contingency in the amount of $1,272,629, resulting in an increase of the total contract amount to $83,687,596, which Change Order No. 7 shall utilize previously appropriated funding from the West Avenue Phase II Improvements South of 14th Street Project; 2) Amendment No. 1 and Change Order No. 7 modifying the terms and conditions to the Design/Build Agreement between the City of Miami Beach, Florida and Ric-Man Construction Florida, Inc.,for the West Avenue Phase II Improvements South of 14th Street Project, for a credit for work not performed in the amount of ($13,998,920), with the intent and purpose of funding Change Order No. 7 to the West Avenue Phase II Improvements North of 14th Street Project, revising the total contract amount to $11,939,318; and 3)a Settlement Agreement dismissing the lawsuit filed by Ric-Man Construction Florida, Inc. against the City asserting claims arising out of the West Avenue Phase II Improvements Project contracts(North of 14th street and South of 14th street); and further authorizing the Mayor and City Clerk to execute the foregoing amendments, change orders and Settlement Agreement, subject to form approval by the City Attorney. PASSED and ADOPTED this olto day of ate,4AP r , 2022. Dan Gelber, Mayor ATTEST: OCT 2 7 2022 Rafael E. Gr ado, amity Clerk APPROVED AS TO ° - FORM & LANGUAGE ' INLORPORATED.•` &FOR EXECUTION �. 'Era- . City Attorney Dote 12 Resolutions-R7 J MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Nina T. Hudak, City Manager DATE: October 26, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 MODIFYING THE TERMS AND CONDITIONS, AND CHANGE ORDER NO. 7, TO THE DESIGN/BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND RIC-MAN CONSTRUCTION FLORIDA, INC., FOR THE WEST AVENUE PHASE II IMPROVEMENTS NORTH OF 14TH STREET PROJECT, FOR (1) ADDITIONAL DESIGN AND ENGINEERING SERVICES IN THE AMOUNT O F $XXXXX, (2) COST ESCALATION OF CONSTRUCTION COMMODITIES AND LABOR, IN THE AMOUNT OF $8,111,877, (3) COSTS ASSOCIATED WITH EXTENDED PRE-CONSTRUCTION SERVICES IN THE AMOUNT OF $744,532, (4) ESCALATION OF GENERAL CONDITIONS AS A RESULT OF A SEVENTEEN (17) MONTH DELAY, IN THE AMOUNT OF $159,206 (5)ADDITION OF THREE MICRO-PUMP STATIONS AT CERTAIN LOW LYING PROPERTIES, IN THE AMOUNT OF $313,894; (6) COSTS TO PROVIDE EXPANDED HARMONIZATION SCOPE FOR PRIVATE PROPERTIES, IN THE AMOUNT OF $2,259,500; (7) PROVIDE A REVISED AND UPGRADED HANDRAIL DESIGN, IN THE AMOUNT OF $224,431;AND (8)AN EXTENSION TO THE CONTRACT TIME OF 521 CALENDAR DAYS,. WITH SAID CHANGE ORDER NO. 7 FOR A TOTAL AMOUNT OF $XXXXXXX PLUS A 5% OWNER'S CONTINGENCY IN THE AMOUNT OF $XXXXX,AND REVISING THE TOTAL CONTRACT AMOUNT TO $XXXXXX, WHICH CHANGE ORDER NO. 7 SHALL UTILIZE PREVIOUSLY APPROPRIATED FUNDING FOR THE WEST AVENUE PHASE II IMPROVEMENTS SOUTH OF 14TH STREET PROJECT; AND A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 7 TO THE DESIGN/BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND RIC-MAN CONSTRUCTION FLORIDA, INC., FOR THE WEST AVENUE PHASE II IMPROVEMENTS SOUTH OF 14TH STREET PROJECT, FOR A CREDIT TO THE CITY FOR WORK NOT YET PERFORMED IN THE AMOUNT OF ($XXXXX), WITH THE INTENT AND PURPOSE OF FUNDING THE WEST AVENUE PHASE II IMPROVEMENTS NORTH OF 14TH STREET PROJECT CHANGE ORDER NO. 7,AND AN EXTENSION TO THE CONTRACT TIME OF 521 DAYS, WITH SAID CHANGE ORDER NO. 7 FOR Page 967 of 1166 A NET TOTAL OF $XXXXX, REVISING THE TOTAL CONTRACT AMOUNT TO $XXXXX. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A Applicable Area South Beach Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Non-Applicable Legislative Tracking Capital Improvement Projects Page 968 of 1166 • Agenda Item 7T M I AM I AC H Date /D-26- City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission FROM: Aline T. Hudak, City Manag: DATE: October 26, 2022 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ADMINISTRATION TO FINALIZE, CONSISTENT WITH THE CONDITIONS SET FORTH IN THIS RESOLUTION: 1) AMENDMENT NO. 1 AND ADDITIVE CHANGE ORDER NO. 7, MODIFYING THE TERMS AND CONDITIONS TO THE DESIGN/BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH,FLORIDA,AND RIC-MAN CONSTRUCTION FLORIDA, INC., FOR THE WEST AVENUE PHASE II IMPROVEMENTS NORTH OF 14TH STREET PROJECT, FOR ADDITIONAL DESIGN AND ENGINEERING SERVICES,COST ESCALATION OF CONSTRUCTION COMMODITIES AND LABOR, EXTENDED PRE-CONSTRUCTION SERVICES, ESCALATION OF GENERAL CONDITIONS AS A RESULT OF A SEVENTEEN(17)MONTH DELAY,ADDITION OF THREE MICRO-PUMP STATIONS AT CERTAIN LOW LYING PROPERTIES, EXPANDED HARMONIZATION SCOPE FOR PRIVATE PROPERTIES, REVISED AND UPGRADED HANDRAIL DESIGN, CONCRETE UNDERSLAB AT CERTAIN ROADWAY ENDS AND AN EXTENSION TO THE CONTRACT TIME OF 521 CALENDAR DAYS, WITH SAID CHANGE ORDER NO.7 CONSTITUTING AN ADDITIVE CHANGE ORDER FOR A TOTAL AMOUNT OF$12,726,291 PLUS A 10% OWNER'S CONTINGENCY IN THE AMOUNT OF $1,272,629, RESULTING IN AN INCREASE OFTHE TOTAL CONTRACT AMOUNT TO$83,687,596,WHICH CHANGE ORDER NO.7 SHALL UTILIZE PREVIOUSLY APPROPRIATED FUNDING FROM THE WEST AVENUE PHASE II IMPROVEMENTS SOUTH OF 14 STREET PROJECT; 2) AMENDMENT NO. 1 AND DEDUCTIVE CHANGE ORDER NO. 7 MODIFYING THE TERMS AND CONDITIONS,TO THE DESIGN/BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH,FLORIDA,AND RIC-MAN CONSTRUCTION FLORIDA,INC., FOR THE WEST AVENUE PHASE II IMPROVEMENTS SOUTH OF 14TH STREET PROJECT, FOR A CREDIT FOR WORK NOT PERFORMED IN THE AMOUNT OF ($13,998,920), WITH THE INTENT AND PURPOSE OF FUNDING CHANGE ORDER NO. 7 TO THE WEST AVENUE PHASE II IMPROVEMENTS NORTH OF 14TH STREET PROJECT,REVISING THE TOTAL CONTRACT AMOUNT TO$11,939,318; AND 3)A SETTLEMENT AGREEMENT DISMISSING THE LAWSUIT FILED BY RIC- MAN CONSTRUCTION FLORIDA, INC. AGAINST THE CITY ASSERTING CLAIMS ARISING OUT OF THE WEST AVENUE PHASE II IMPROVEMENTS PROJECTS CONTRACTS (NORTH OF 14TH STREET AND SOUTH OF 14TH STREET); AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FOREGOING AMENDMENTS,CHANGE ORDERS AND SETTLEMENT AGREEMENT, SUBJECT TO FORM APPROVAL BY THE CITY ATTORNEY. FUNDING 429-0820-069357-26-418-576-00-00-00-20597 = $8,639,105.67 (Storm) 419-0820-069357-26-418-561-00-00-00-20597 = $3,078,400.00 (Water) 320-0820-069357-26-410-522-00-00-00-20597 = $1,432,533.26 (Above ground) 112-0820-069357-00-410-522-00-00-00-20597 =$551,754.23 (Above ground) 187-0820-069357-26-410-522-00-00-00-20597 = $265,000 (Above ground) 384-0820-069357-26-410-522-00-00-00-20597 = $32,126.84 (Above ground) $13,998,920 TOTAL RECOMMENDATION The Administration recommends adopting the Resolutions. BACKGROUND The West Avenue project is designed to enhance quality of life with aesthetics and infrastructure, and to reduce flood risk to this vulnerable neighborhood both now and in the future. This neighborhood is one of the lowest lying areas in the City with elevations as low as 1.7'NAVD.Since 2017, low-lying areas of West Avenue have experienced flooding from high tides 59 times(NOAA Virginia Key tidal gauges). Flooding is expected to worsen, as the City faces 14-30 inches of sea level rise over the next thirty years(Southeast Florida Regional Climate Change Compact,2019).A high groundwater table and intense rain events result in additional compound flooding concerns. Without the deployment of temporary pumps, segments of the neighborhood flood regularly during intense rain events and king tides.Miami-Dade County is planning for 2 ft of sea level rise by 2060, and the United States Army Corps of Engineers is planning for 3 ft of sea level rise by 2070. Concurrent to the Florida Department of Transportation's renovation of Alton Road,in 2014 the City executed a design-build agreement for Phase I of the West Avenue Project, making utility and roadway improvements along West Avenue,north of Lincoln Road and south of 8th Street. Phase I also included raising 10th, 14th and 17th Streets and adding pump stations at these street ends. The Phase I project was completed in 2017. The West Avenue Phase II Improvements Project, represents a comprehensively defined neighborhood improvement program, focused on resolving challenges associated with climate impacts and aged infrastructure. The proposed improvements within the West Avenue neighborhood includes the replacement of the existing water distribution/transmission systems and gravity sanitary sewers, installation of a new robust storm water drainage collection and pumping system including the raising of the paved roadway and harmonization to the adjacent properties, installation of new street lighting, pedestrian lighting,replacement of existing and installation of new signalized intersections with mast arms, new landscaping,irrigation and construction of a new bay walk segment. The limits of the improvements are West Avenue between 8th Street and Lincoln Road, including side streets, and Bay Road between 14th Street and Collins Canal, and includes upgrading the project to city standards of resilience of the neighborhood, as well as harmonizing between the two phases. Due to the size of the neighborhood, the project was divided into two contracts, with 14th Street being the dividing line.On March 22,2017,the Mayor and City Commission awarded two contracts for design-build services to Ric- Man Construction Florida, Inc. (Ric-Man): one contract for the project areas north of 14th Street, the other, for project areas south of 14th Street. During the more than five years since award,this project has been redesigned multiple times due to extensive vetting by multiple stakeholder groups and highly regarded independent professional/academic organizations such as the Urban Land Institute (ULI) and Columbia University's Resilience Accelerator program. West Avenue Phase II Improvements North of 14th Street On March 22, 2017, the Mayor and City Commission adopted Resolution No. 2017-29800, awarding design/build services(Agreement)to Ric-Man Construction Florida, Inc(Ric-Man),for the West Avenue Phase II Improvements North of 14th Street with the guaranteed maximum price of $29,669,344, including a 10% contingency. On January 11, 2018, Change Order No. 1 was executed for a 30-day non-compensatory time extension due to the impact of Hurricane Irma. On March 16,2018, Change Order No.2 was executed in the amount of$3,270,932 for funding of the above-ground improvements to the project, with no additional time extension, increasing the cost of the Agreement to$32,940,276. On December 12,2018,City Commission adopted Resolution No.2018-30652 authorizing the City Manager to negotiate Change Order No. 3 for additional design and construction changes associated with the recommendations made by the Columbia University Resiliency Accelerator Program, the Urban Land Institute (ULI) and for additional scope for a total of $17,763,900, including contingency. On April 30,2019,Change Order No.3A was executed in the amount of$579,752 as the first partial request from Ric-Man of the approved Change Order No. 3 for the costs incurred in support of the Columbia University Resiliency Accelerator Workshop, re-start impacts after a 1 year delay and 10- year storm drainage modeling to allow for further design in order to be able to negotiate the price of the remaining change order scope. On June 16, 2019, Change Order No. 3B was executed in the amount of$17,171,211 as the second partial request from Ric-Man of the previously approved Change Order No. 3 and includes emergency generator sets, street end enhancements, additional pumps, additional street improvements. On September 17,2019, Change Order No.4 was executed in the amount of$327,093 to account for the 10%contingency for the above-ground improvements,which were previously added to the Agreement as Change Order No. 2. On April 4, 2020, City Commission adopted Resolution No. 2020-31243 authorizing the City Manager to negotiate Change Order No. 5 for design services associated with additional water quality treatment, as required by the Miami-Dade County Regulatory and Economic Resources Department (RER) for a total not-to-exceed of $1,147,037, including contingency. The City negotiated a final change order of$1,101,959. On June 23, 2021, City Commission adopted Resolution No. 2021- 31752 approving and authorizing the City Manager to negotiate and execute Change Order No. 6 with Ric-Man Construction Florida, Inc., for the West Avenue Phase II Improvements North of 14th Street, for construction of additional water quality treatment, revised storm water criteria, relocation of the pump station,cost escalation,and a reduction in previously authorized owner's contingency in the net change amount of$17,568,384,as well as an increase in contract time of 1,961 calendar days. The total contract value, subsequent to Change Order No. 6, is$69,688,675. West Avenue Phase Improvements South of 14th Street On March 22, 2017, the Mayor and City Commission adopted Resolution No. 2017-29799, awarding design/build services (Agreement) to Ric-Man Construction Florida, Inc (Ric-Man)., for West Avenue Improvements Phase II South of 14th Street with the guaranteed maximum price of $12,809,754, including a 10% contingency. On January 11, 2018, Change Order No. 1 was executed for a 30-day non-compensatory time extension due to the impact of Hurricane Irma. On March 16,2018, Change Order No.2 was executed in the amount of$1,468,359 for funding of the above-ground improvements to the project, with no additional time extension. On December 12,2018,City Commission adopted Resolution No.2018-30653 authorizing the City Manager to negotiate Change Order No. 3 for additional design and construction changes associated with the recommendations made by the Columbia University Resiliency Accelerator Program, the ULI and for additional scope for a total of$6,567,000, including contingency. On April 30,2019,Change Order No.3A was executed in the amount of$353,094 as the first partial request from the Ric-Man for the costs incurred in support of the Columbia University Resiliency Accelerator Workshop, re-start impacts and 10-year storm drainage modeling, to allow for further design in order to be able to negotiate the price of the remaining change order scope. On June 16,2019,Change Order No.3B was executed in the amount of$6,213,895 as the second partial request from Ric-Man of the previously approved Change Order No. 3 and includes emergency generator sets, street end enhancements, additional street improvements. On September 17,2019, Change Order No.4 was executed in the amount of$146,836 to account for the 10%contingency for the above-ground improvements,which were previously added to the Agreement as Change Order No. 2. On April 4, 2020, City Commission adopted Resolution No. 2020-31243 authorizing the City Manager to negotiate Change Order No. 5 for design services associated with additional water quality treatment,as required by RER for a total not-to-exceed of$639,314, including contingency. The City negotiated a final change order of$596,261. On June 23, 2021, City Commission adopted Resolution No. 2021- 31752 approving and authorizing the City Manager to negotiate and execute Change Order No. 6 with Ric-Man Construction Florida, Inc., for the West Avenue Phase II Improvements South of 14th Street, for additional water quality treatment, revised storm water criteria, cost escalation, and a reduction in previously authorized owner's contingency in the net change amount of$4,350,038,as well as an increase in contract time of 1,558 calendar days. The total contract value, subsequent to Change Order No. 6, is $25,938,238. Challenges Encountered and Progress Made With any project of this nature and complexity, it is expected that numerous challenges will arise during the planning,design and construction phases. While the project team has worked diligently to address those challenges as they arose, it is undeniable that certain challenges became nearly insurmountable. The Administration has made significant progress in resolving the concerns and challenges that have been raised by governmental agencies, regulatory agencies, residents, businesses and City Commissioners. A significant milestone was achieved earlier this year, 2022, when the Design Review Board (DRB) issued an approval order for the project, including the parking lot improvements for the pump station. On January 27,2022,the Administration reported via LTC#032-2022 that the neighborhood would experience a significant loss of parking spaces. The Commission and residents raised concerns about this issue and the parking plans for the project were re-evaluated. Ric-Man, under the direction of the Administration, has delivered a parking analysis, which City staff continues to evaluate in the furtherance of reducing,to the extent possible,any potential parking loss. City staff, including the Departments of Public Works, Parking,Transportation and Capital Improvements will coordinate to maximize all available parking as part of the final striping of parking areas. The Administration has re-established and opened new lines of communication with the stakeholders, having held multiple in-person meetings both on site and here at City Hall. These meetings have allowed the project team to address stakeholder concerns in a comprehensive manner. Also, the team has upgraded the project website, including an expanded Frequently Asked Questions(FAQ) page, and the team will periodically update the content on the website to keep stakeholders informed with the latest information.The Administration and project team have prepared user-friendly project information packages to share with property owners, including straightforward and understandable collateral materials prepared by our Marketing and Communications Department to address a need expressed by some of our residents. The Administration also found a solution to an issue raised at the end of January 2022 by the South Florida Water Management District (SFWMD) regarding signature requirements for the Environmental Resource Permit required to do the work. Specifically,the SFWMD initially indicated it would require individual permit applications for each of the 175 properties prior to issuing a permit. Following several meetings between our City Attorney's Office and SFWMD's legal counsel, a solution was crafted which would utilize a revised license agreement("Harmonization and License Agreement")which would satisfy SFWMD's concerns.The City Attorney's Office and City Staff also secured the agreement of the SFWMD to allow for the project to be permitted in segments providing a simplified path to permitting and construction as this segmentation will enable Ric-Man to proceed with work in each segment once it obtains signed Harmonization Agreements from property owners in such segment. Another complex, and arguably the most prominent challenge for the project relates to the City's long-standing policy whereby private property owners could be responsible for some of the costs of harmonization and restoration associated with neighborhood improvement projects such as this one. This item, specifically, was heard at numerous Commission and Committee meetings, and resulted,on one occasion, in Resolution No.2020-31473,directing the Administration and City staff to investigate an establish a means to reimburse the property owners for Building Permits up to a maximum of$1,000 per property. The item continued to be a point of concern, and some of our affected residents, as well as Commissioners, asked the Administration to reconsider the City's policy regarding the costs of harmonization to be borne by property owners and, if feasible,for the City to cover some or all of these costs. In light of this request, City staff directed Ric-Man to provide cost estimates for restoring the private properties as closely as possible to pre-project conditions, beyond the restoration work already included in Ric-Man's contractual scope. As proposed, Change Order No. 7 provides for expanded private property harmonization and restoration. The Administration, with the goal and intent of resolving what has been seen as the largest obstacle to obtaining the Harmonization Agreements, recommends including this expanded • harmonization scope, thereby eliminating the concern regarding potential additional costs to the residents. If the City Commission accepts this recommendation, then property owners will no longer have the need to apply for Building Permits as all private property harmonization work will be performed by Ric-Man at the City's expense, thereby eliminating the concerns the Commission sought to address in Resolution 2020-31473. This element of Change Order No. 7 will also accomplish the goals set forth in Resolution No. 2022-32332 which was adopted by City Commission on September 28, 2022 and directed the Administration to identify the cost for a potential proposed grant program to assist property owners with the out-of-pocket expenses with respect to harmonization for the West Avenue Phase II Improvements Project. ANALYSIS On April 27,2022,the Administration received a letter from Ric-Man indicating that it had instructed its legal counsel to prepare a declaratory relief action seeking termination of both design-build agreements and inviting the City to negotiate a"Termination for Convenience"of the design-build agreements. The City has the right to terminate the design-build agreement for its convenience in addition to the right to terminate in the event of a breach by Ric-Man. The City has not elected to exercise either of these options at this time. Per the terms of the Agreement, Ric-Man can terminate the design-build agreement only upon the occurrence of one of two conditions (i.e.,the issuance of a stop work order by a court or other public authority for a period of more than 90 days due to no act or fault of Ric-Man or the City's nonpayment of an undisputed amount owed), neither of which has occurred. In a subsequent letter dated May 6,2022, Ric-Man reiterated its request that the City"should issue a Termination for Convenience"noting"continuing project support costs,and escalation." On May 11, 2022, Ric-Man filed suit against the City. Negotiations and Funding Pursuant to Ric-Man's lawsuit,the Administration and City Attorney's Office met with Ric-Man and their attorney to discuss the claim. After several meetings to review the claim and evaluate the options and impact of the termination of the contract, on June 15, 2022, a meeting to negotiate the terms of the termination was held with Ric-Man, the City Attorney's Office and CIP. The negotiation meeting was unsuccessful, and a Mediation was subsequently scheduled for August 31, 2022, as required by the terms of the contract. As a result of community members approaching Ric-Man with requests to keep the project moving forward, on June 27,2022, before the scheduled mediation,Ric-Man forwarded a proposal(Restart Proposal) in lieu of the termination sought through the claim,which proffered allowing a portion of the project to continue forward. The terms of Ric-Man's proposal included pausing the West Avenue Phase II Improvements South of 14th Street contract and reallocating funds from the South contract to the North contract, in order to fund additional costs in the West Avenue Phase II North of 14th Street project. The added costs being requested included increased design and construction costs, as well as cost increases to commodities and labor, as more thoroughly described below. Alternatively,the City could allow the lawsuit to proceed and ultimately—whether as a result of the litigation or through a negotiated settlement—terminate the contract with Ric-Man. Following such termination,the City would assume the agreements with the designers, and pursue re-bidding the project(s). The Administration evaluated the proposal and other options available,and determined that, in the interest of moving the project forward,further consideration and discussion was warranted. During the period prior to the date of the scheduled mediation, City staff endeavored to evaluate the Restart Proposal. Through the limitations on communications and meetings imposed by the upcoming mediation, Ric-Man and the Administration agreed to utilize the mediation to simultaneously negotiate and address both the Termination for Convenience and the Restart Proposal. The stated intent of that mediation was to establish the terms and conditions associated with the termination, as well as the Restart Proposal. On August 31, 2022, the mediation session was held. After an extensive session, many of the items in contention remained unresolved. All parties agreed, in the interest of advancing the negotiations,to continue discussions and meetings outside of the mediation,and schedule a follow- up mediation session. Numerous meetings and exchanges were held and as recently as Wednesday, October 19,2022, City staff and Ric-Man held a negotiation session to attempt to resolve the remaining items of contention, followed by further communications on Thursday, October 20, 2022, Friday, October 21,2022 and Monday,October 24,2022. The proposed Change Orders described below represent the culmination of those negotiation efforts. Change Order No. 7 for West Avenue Phase II North of 14th Street Ric-Man submitted a formal proposal and other documentation (Exhibit A) to proceed with this portion of the project including the following additional project related costs and associated time extension: 1. Additional Design and Engineering Services($803,022): Ric-Man's design consultant,CES Consultants, has submitted multiple requests for additional compensation for work they consider to be beyond the original scope of work. City staff and the City's Construction Engineering and Inspection consultant(CEI) have reviewed the requests and determined that a portion of the request was fair and reasonable. 2. Cost Escalation of Construction Commodities and Labor ($ 8,540,238): Ric-Man has requested additional compensation as a result of increases in construction costs, beyond that which could have been anticipated or previously included in the contract. Ric-Man has provided documentation and based the request on information from the U.S. Bureau of Labor Statistic's Producer Price Index, for the period from June 2021 through June 2022. The City's CEI and City staff have reviewed and analyzed the information provided and find the substantiating documentation reasonable and in line with current market conditions. It is important to note that although the City's contract with Ric-Man does not provide for cost escalation consideration, it has been contemplated and negotiated in light of the extraordinary market conditions and fluctuations. This request equates to an approximate 14.4% escalation in construction costs. 3. Extended Pre-Construction Services ($ 545,000); Ric-Man has requested additional compensation for costs incurred associated with consultant costs, and direct and indirect costs for the field office and corporate office. The request shall compensate Ric-Man for the delay in the ability to commence construction from October 2021 through the anticipated commencement of construction in March,2023. 4. Escalation of General Conditions($ 159,206): Ric-Man is projecting an escalation in costs associated with project general conditions, for the 17 month (521 day) delay in obtaining harmonization and Harmonization Agreements, and the ability to commence construction. The proposal includes a 0.5%increase in costs, per month,for indirect project costs for the 17 month time period. 5. Addition of Micro-Pump Stations ($ 313,894); The City requested that the design-builder perform a stormwater model analysis of the West Avenue Basin considering the stormwater influence outside of our project area, in particular from the area east of Alton Road (Flamingo Neighborhood). Based on the analysis,the design-build team recommended that the project include additional drainage measures, in the form of micro-pump stations,at 15 properties throughout the corridor,until the Flamingo Neighborhood Improvement Project is implemented in the future. It is important to note that this is an existing condition,and while the West Avenue Phase II Improvement Project is reducing the risk of flooding to these properties, it will not meet the intended protection at these specific locations until the completion of the Flamingo Neighborhood Improvement Project. Of these fifteen (15) properties, only three (3), lie within the limits of the West Avenue Phase II North of 14th Street project limits and will be installed at this time. The remaining (12) locations will be addressed by the West Avenue Phase II South of 14 Street Project and are not part of this Change Order. 6. Expanded Harmonization Scope for Private Property Owners ($ 2,113,300); One of the principal impediments,and primary resident concerns,to obtaining executed harmonization and licensing agreements was the costs to property owners associated with the completion of the property harmonization. This cost request relates to the City's long-standing policy whereby private property owners are responsible for some of the costs of harmonization and restoration associated with neighborhood improvement projects. The design criteria package for this project outlined and established that long-standing policy and defined the limits of the work to be performed by the contractor under the harmonization scope. In the interest of addressing the concerns of the residents, and the requests of certain Commissioners to re-evaluate that policy, the Administration has directed Ric-man to include that harmonization scope beyond the original scope, which would otherwise have resulted in a cost to the residents.This approach resolves the concerns of the residents and the Commission and provides a method by which the project can be completed without monetary impact to the residents. 7. Revised and Upgraded Handrail Design ($ 204,431); On April 5, 2022, the project was presented to the City's Design Review Board (DRB). As a condition of the approval order, the DRB recommended modifying the design of the typical metal railings used throughout the project. The design criteria package specifies the use of a standard FDOT railing design. As a result of the recommendation, Ric-man will incur an added cost for the DRB specified and required railings. 8. Concrete Underslab at Paver Roadways($47,200): Certain roadway ends within the West Avenue Phase II Improvements, North of 14 Street project called for the inclusion of a concrete paver roadway surface. In an effort to extend the longevity of the roadway service and thereby extend the service life of the road, City staff requested that Ric-Man include a concrete underslab in the assembly details at Lincoln Court, Bay Road north of Lincoln Road, Lincoln Road from Lincoln Court to the bay and the intersection of Lincoln Road and Bay Road. 9. Contract Time Extension: Due to the inability to obtain executed harmonization agreements and other challenges precluding the intended start of construction, Ric-Man has identified a 17-month delay to the project. This change order will therefore extend the contractual substantial completion date by 17 months (521 days), for an anticipated substantial completion date of June 16, 2026. The extension is for excusable, non-compensable contract time, and shall not receive any additional compensation beyond that outlined above. The amount for this Change Order No.7 (Exhibit B) for the contract north of 14 Street is $12,726,291, plus an additional 10% Owner's Contingency in the amount of$1,272,629. This Change Order will increase the existing contract with Ric-Man from $69,688,676 to $83,687,596, for West Avenue Phase II Improvements North of 14th Street. Finally,the Administration and Ric-Man have negotiated the terms under which a Termination for Convenience could be engaged. Throughout the negotiations for this Change Order No. 7, the parties have simultaneously negotiated the terms under which the lawsuit would be concluded, in the case that the Restart Proposal is unsuccessful. As a condition of this change order, Ric-Man will assume full responsibility, with the City's reasonable assistance, in obtaining the necessary private property Harmonization Agreements. In order for the City to issue a Notice to Proceed with construction activities, Ric-Man must first obtain at least 90% of the necessary Harmonization Agreements(or such lower percentage as the City shall determine in its sole discretion)for the first two segments. . With the understanding that this item was a major contributor to the delays and added costs of the project, and in an effort to establish the manner in which Harmonization Agreements will be obtained,the City has proposed that Ric-Man meet with each property owner a minimum of two times in order to present and explain the harmonization drawings and address any concerns or requests. Subsequent to that effort, any property owner electing to decline the harmonization, will receive a 30-day written notice that in the absence of communication to the contrary,the project will proceed to design and construct harmonization within the right-of-way. No work would take place on private property for property owners who decline harmonization. Should Ric-Man be unable to obtain the requisite number of Harmonization Agreements prior to the anticipated construction commencement of March,2023 the North would be deemed terminated for convenience and the City would pay Ric-Man a pre-negotiated termination fee. Amendment No. 1 to the West Avenue North of 14th Street is modifying the terms and conditions of the design-build agreement and includes Change Order No. 7. (Exhibit C) Change Order No. 7 for West Avenue Phase II South of 14th Street Ric-Man submitted a formal proposal (Exhibit A) to proceed with the north portion of the project, pausing the south contract in order to reallocate the funds necessary to cover the additional project costs for the north contract. This Change Order No. 7(Exhibit D)shall provide a credit to the City for work not performed in the amount of($13,998,920),to fund change order#7 to the West Avenue Phase II North of 14th Street project, decreasing the existing contract with Ric-Man from $25,938,238 to$11,939,318. The City has submitted a grant application to the Resilient Florida Grant Program in the amount of $10 Million for the upcoming Fiscal Year 2024. If successful,the funds will be available on July 1, 2023. This grant requires a 50% local funding match. The City is also identifying other potential funding sources with which to re-fund the south portion of the project shortfall. This Change Order No.7 shall pause the project until January 1,2024,and if funding concerns are resolved, could be restarted prior to that date. Should the City elect, at any time,to terminate this contract for convenience, it has been agreed that there would be no additional compensation to Ric- Man as a result of that termination. Amendment No. 1 to the West Avenue South of 14th Street is modifying the terms and conditions of the design-build agreement and includes Change Order No. 7. (Exhibit E) Settlement Agreement Settlement Agreement dismissing the lawsuit filed by Ric-Man Construction Florida, Inc.against the City asserting claims arising out of the West Avenue Phase II Improvements Projects contracts (North of 14th street and South of 14th street). (Exhibit F) Community Outreach The Administration has endeavored to maintain and encouraged the renewed communication between the project team and the stakeholders, including West Avenue Neighborhood Association (WAvNA) and the North of Fifth Neighborhood Association (NoFNA). Throughout this process, there have been ongoing communications,advising community representatives of the challenges encountered. On Monday,September 26,2022,City staff, met with community representatives from WAvNA and NoFNA,to discuss Ric-Man's proposal and harmonization plans. The representatives expressed support for the City's proposed resolution to the harmonization concerns,and the ongoing efforts to resolve Ric-Man's claim. On October 3,2022, representatives of the Office of Capital Improvement Projects attended the WAvNA meeting to update the organization on the current status of the project including the path to move forward with Ric-Man's proposal and harmonization plans. The update was well received and questions were addressed to the extent possible. Residents in attendance did express concern over the potential delay in proceeding with the completion of the south contract, and recommended that the City, at a minimum, repave the area during the delay and address pedestrian safety concerns. Policy for Internal Controls In full compliance with the Management Policy for Internal Controls adopted by City Commission under Resolution 2022-32047, the Administration is hereby presenting to the Commission for its consideration and approval, this change order#7 to the West Avenue North of 14 Street project. Under this Policy,this change order is considered a Major Change since it will increase the project construction cost by more than 10%.This memo includes information that meets the requirements outlined in the Policy.This Change Order represents a 17%cost increase in the contract price and includes,additional design and engineering services,cost escalation of construction commodities and labor, extended pre-construction services, general conditions escalation, addition of Micro- Pump stations, additional harmonization scope for private property owners, revised and upgraded handrail design and concrete underslab at paver roadways. This change order also includes a contract time extension of 521 calendar days. The change order has been negotiated in close coordination with City Manager's Office, the Public Works Director and the CIP Director. The information required to be included in the Major Modification to the Project Scope form has been added in this change order. CONCLUSION Ric-Man,the City and the City's CEI consultant reviewed,analyzed, and negotiated the additional costs proposal for the West Avenue Phase II Improvements North of 14th Street contract. These were determined to be consistent with market conditions, complex logistics of construction for a project of this nature and reflect the scope changes previously described. The Administration recommends that the Mayor and City Commission adopt the resolution. ATTACHMENTS Exhibit A: West Avenue Phase II Improvements Ric-Man Re-start Proposal Exhibit B: West Avenue Phase II Improvements North of 14th Street Change Order No. 7 Exhibit C: West Avenue Phase II Improvements North of 14th Street Amendment No. 1 Exhibit D: West Avenue Phase II Improvements South of 14th Street Change Order No. 7 Exhibit E: West Avenue Phase II Improvements South of 14th Street Amendment No. 1 Exhibit F: West Avenue Phase II Improvements Settlement Agreement EXHIBIT A 3100 SW 15th Street CONK %FL,INC. Deerfield Beach, Florida 33442 DEERFIELDBEACNflaRIDA Office:(954)426-1221 Fax:(954)426-1226 City of Miami Beach October 24,2022 1700 Convention Center Drive Sent Via Email&US Mail Miami Beach,FL 33139 Re: West Ave 091-North Subj: Re-Start Proposals Attn: Mr.David Gomez Dear Mr.Gomez, Ric-Man Construction Florida,Inc(RMCF)provides a final summary below of agreements made with city staff for the Re-start and/or termination of the project for approval by the Commission on October 26,2022 and now a part of proposed CO#7.This letter modifies RMCF's proposal Ietter with attachments dated September 16,2022. 1. CES Settlement Offer $803,022.39 The amount listed under this item includes Item 1-Inverted Crown,item 2-Lighting and Signals,item 3-Bay walk re-design for current work performed. (future design costs of $63,693.03 not included),Item 4-transportation changes(items 1-8).Item 5-West Ave parking lot,item 6-DRB presentation,Item 7-phase 1 property evaluation,item 8-tree and palm relocation on private property(+-$95,000 to be discussed at a future date),item 9- parking preservation study(North and South),Item 10-harmonization study(North and South),item 11-update harmonization renderings(North and South), Item#12-relocate pump station to median. 2. Escalation proposal $8,540,238.69 RMCF re-submitted its escalation costs on 9/9/2022 as a result of the CMA review conducted in our meeting on 9/7/2022.Preparation costs for escalation in the amount of $428,361.67 are included in this item and is billable pursuant to percent complete for each item,but not before 3/15/2023. 3. Preparation Costs for Escalation Effort and Re-Start $0 This item is included under item 2 above. 4. Off-Ramp Charges Through March 15,2023 $545,000 (Re-Start/Then Off Ramp) $2,108,299.50(Termination) R I C - M AN CONSTRUCTION . FLORIDA , I N C . \ u I i i ' 1' m p 1 0 CI EXHIBIT A �ic'I1A 3100 SW 15th Street C0M8i81 �INC. Deerfield Beach, Florida 33442 °EErFiELDe�cH FlpWRh Office:(954)426-1221 Fax:(954)426-1226 Expenses include Field General Conditions, Miami Beach,and Deerfield Beach offices to be expended from re-start of October 27,2022 through the Off-Ramp mutually agreeable date of March 15,2023.These costs are in addition to the termination proposal costs now settled at$2,108,299.50. 5. Escalation of GC's for the Extended Performance Period between 1/11/2025 through 6/16/2026- $159,205.76 The attached revised CPM indicates a 17-month delay to the CO#6 approved schedule.The new Substantial Completion date is June 16,2026.RMCF included key milestone activities which drives the critical path including the following activities: MS-17 Restart Order-10/27/2022 MS-18 Execution of Change Order- 12/1/2022 MS-27 Off Ramp Deadline-3/15/2023 NTP-2 Construction Start-3/30/2023 The premise of this revised CPM is rooted in Commission approval of these Change Orders by October 26,2022 and RMCF's ability to obtain 90%of 091 Segments 1 and 2 North License Agreements(24 properties) before March 15,2023,the Off Ramp Deadline.It is understood that RMCF will work concurrently in processing license agreements in segments 3-8. 6. Micro Pump Stations 3 @ 091 $313,893.98 Only 3 properties require pump stations at 091, 1220 16th St, 1209 Lincoln Rd and 1315 14th St. 7. Harmonization of Properties $2,113,299.50 RMCF submitted a proposal to perform a survey of all properties which would require the removal/modification of encroachments(obstacles within the ROW)and obstructions in the private property harmonization zone which were not covered in the contract DCP.The proposal was submitted on March 25,2022 and resulted in the issuance of RCD#6 for Phase 1-quantity identification.Phase 2 (Design)in the amount of$646,791.32 has been modified to account for Building Department requirements.RMCF will perform the design and installation for each property for a total of$16,256.15 per property. • CES will be paid based on%complete of each property at the rate of$6,726.16 per property.Price includes 33 Re-surveys due to anticipated property recent modifications,only.Added surveys will be charged out at$3,465 each via Change Order. • Restorations will be in-kind-no enhancements to existing features will be included. • Any added surveys will be within the harmonization zone only. R I C. - M A N CONSTRUCTION FLORIDA , I N C . 1 II 1. q u a l O p p n i ! u n i ( y I' m p I n t c ! EXHIBIT A 3100 SW 15th Street coNgliR,INC. Deerfield Beach, Florida 33442 DEERFIEIDcH.FauoN Office:(954)426-1221 Fax:(954)426-1226 • Permits will be based on the discussion held on 9/12/2022 with the City Building Department Director-Anna Salgueiro. • Relocation of trees will be managed with the Urban Forester per RMCF's memo dated October 20,2022. (Attached) • RMCF will control the budgetary Resident construction account. Billing will be based on the average rate of$9,529.99 per property upon execution and performance of each.License Agreement irrespective of final cost per property negotiated with each resident. • Resident refusal to execute the License Agreement will activate an"Ultimatum" clause after two(2)unsuccessful and documented visits resulting in a re-design through the non-conforming property.After a 30-day waiting period,RMCF will re-design the property and may include roadway elevation and drainage changes to accommodate the non-conforming property.In that event,any and all provable re- design and additional construction costs will be added to the$16,256.15 rate per property adding in the value of a retaining wall and base contract harmonization items(sod and earthwork)to form a property budget,the delta of which will be an extra to the contract. • RMCF will be granted acceptable Indemnifications from the City against actions initiated by the non-signing Resident or Association,etc. • HML will continue in their support role as PIO for this effort. 8. Handrail Upgrades from FDOT Specification P $204,430.60 Based on the DRB review RMCF has upgraded the specified FDOT#862 handrail to a Giralt Aluminum Alloy 6061-T6 all welded construction system used on the Indian Creek project. 9. Conversion of Roadway Ends Sand Bedding to Concrete at Pavers $47,200 RMCF will add under slab at Lincoln.Ct,Bay Road North of Lincoln Rd,Lincoln Rd from Lincoln Ct to the Bay and intersection of Lincoln Rd and Bay Road.All other street ends will omit the concrete under slab. 10.ROW Trees TBD RMCF completed its Design of all ROW segments.The initial submission application for Urban Forestry was never executed by the City.Our understanding is Urban Forestry is under new leadership and the intent of saving/preserving trees in lieu of removal and replace is not clear at this time.RMCF specifically reserves its right to an additional Change Order based on directives driven by Commission and/or Urban Forestry changes to the current design which will lead to additional cost.(See RMCF 10/11/2022 and 10/20/2022 Memos) 11.Private Property Tree Construction- $0 f,( R I C - M A N CONSTRUCTION FLORIDA , I N C A it I. q u s l O p p ., ( u u i ( I• 111 p l „ c r I EXHIBIT A 10441141 3100 SW 15th Street CON8T. n.,INC. Deerfield Beach, Florida 33442 DErmnai, � Office:(954)426-1221 Fax:(954)426-1226 See item 7 above.This item requires further discussion and direction. 12.Parking $0 Parking will be treated like an open space, RMCF will omit parking striping.Striping will be provided as needed. 13.APS The Audible push buttons at signalized intersection($121,375)to be paid out of contingency if required by the city. Total CO Value upon Re-Start of Project $12,726,290.92 • Items 1, 2,3,4A,5,6, 7,8,9,10, 11,12, 13 Total CO Value of Termination Opted on 3/15/2023 $2,653,149.36 • Item 4 Please contact me with any questions. Sincere , Michael .Fischer,COO. Ric-Man Construction Florida,Inc. CC: Danny Mancini Tyson DiPetrillo David Martinez Eric Carpenter Rafael Vega Filar Caurin Attachments: - 10/11/2022 Memo - 10/20/2022 Memo - CO#7 Spread Sheet ,R 1 C - M A N CONSTRUCTION. FLORIDA , I N C . n I y u I o p p o i i ti n i i y I to p I u i • i E EXHIBIT A Michael Fischer rThFrom: Michael Fischer Sent: Wednesday,October 12,2022 1:12 PM To: Gomez, David Cr Martinez, David;Caurin, Pilar, Danny Mancini;Jose A.Caraballo, P.E.;Tyson DiPetrillo Subject: RE:West Avenue Phase II Improvements David See comments below in red. Mike Michael R. Fischer, COO. CONS'? FL,INC. CONS - FL,INC. OE CD B£ACH0,000 k. MJglyl,f�p4UD� RIC-MAN Construction Florida. Inc: .3100 SW 15th Street,Deerfield Beach,Fl 33442 'Office:(954)426-1221 I Fax:(954)426-1226 Cell: (703) 732-7717 www.ric-manfl.com M Fischer(aRic-manFL.com From:Gomez, David<DavidGomez@miamibeachfl.gov> Sent:Tuesday,October 11,2022 3:07 PM To: Michael Fischer<mfischer@ric-manfl.com> Cc:Martinez, David<DavidMartinez@miamibeachfl.gov>;Caurin, Pilar<pilarcaurin@miamibeachfl.gov> Subject:West Avenue Phase II Improvements Mike, Good morning. I am in need of some clarification, in order to complete the Commission Memo and begin preparation of the contract amendment. 1. It is our understanding that permit plans for the tree permit have been completed,and were discussed with Omar Leon holistically,incorporating his comments/requests. a. Please provide the updated tree permit plans(I can only locate the tree permit application and plans for south segment 1, and it does not reflect relocations). Provided under separate cover via link to both North and South. • 1 • EXHIBIT A b. Please confirm that Urban Forestry comments,to the best of our understanding,have been addressed and included in the current landscape/tree plans.Correct-all comments received and addressed. RMCF formally submitted Segment 1 north only based on Omar's request. His plan was flto review the plans one segment at a time.We never received his formal review. c. Please confirm Ric-Man has included,as part of the re-start proposal,the cost of tree relocations within the ROW as well as on private property.Tree removal and/or relocation based on trunk size on private property is included along with adding new where applicable.Tree relocation within the ROW is not included.Attempts were made to save trees(this is shown on the plans with a notation stating "Potential Transplant")that our arborist deemed as salvageable based on its condition. These are shown on the final plans submitted to you under separate cover. d. Please describe your intent regarding relocations(i.e.,within segment,across segments,at alternate city locations such as park).We have made no accommodation to relocate and replant trees in our current design within the ROW.We will replant trees based on trunk size within an individual property if it is healthy per our arborist. There was discussion of possibly dealing with ROW relocations,but this concept was never brought to fruition. However, the trees and palms which could be transplanted were identified on the final ROW plans. e. The re-start proposal indicates redesign of harmonization to preserve trees on private properties with 6"DBH or greater,and relocation of trees with 3"DBH or smaller. What about DBH between 3"and 6"?Our intent was to relocate existing trees on private property which could be saved,and the resident wanted it to be saved, if the trunk diameter was 3"or less. Larger trunk diameter trees which could not remain within the harmonized area will be removed and disposed of and replaced with new. f. Is there a distinction in items a-e above for palm trees?No 2. For the harmonization and license agreement scope: a. Should a property elect to forgo harmonization,what is your intent to ensure runoff is captured to prevent flooding of the property?See item b below. b. Please confirm that should a property elect to forgo harmonization,all minimum requirements for { driveway slopes and transitions will still apply. The property will remain as it is today. First option-CES will re-design the roadway, sidewalk, lighting, landscaping,etc.to lower the roadway to existing conditions directly in front of the property. Second option-add a gravity wall and re-direct the drainage within the ROW to ensure flooding conditions will not ensue from the newly raised roadway into the property.We would obviously need the indemnification language discussed under this approach as the property Owner would inevitably be forced to harmonize the property themselves to allow access(to possibly avoid city condemnation) .This second option is our preferred approach due to the potential excessive cost to re-design the roadway and it compromises the benefit of the raised roadway(the primary intent of this contract) The first option may affect adjacent properties up to 300' in each direction.This approach would require adjusting drainage longitudinal slopes,water main elevations,etc., basically every element within the affected ROW redesign area.The second option will be problematic from an access and runoff perspective if the property naturally drains toward the ROW. In that event, we'll have to install collection points at the edge of the ROW without entering the property.The property Owner will be required to harmonize the driveways and walkway access themselves, since we cannot enter their property without an agreement. If a property drains naturally away from the ROW, it will continue to experience the same flooding as it does now. c. Please further clarify your example of expanded harmonization scope costs. We understand your proposal includes an average per property cost of$17,381,and that in addition,you will be 2 EXHIBIT A carrying an unknown value for gravity walls at each property(in your example you use $10,000). Should costs exceed the budget(in your example$27,381),then there would be additional costs to the City. Is this correct?Correct d. Please confirm that the$10,000 used in your example is a variable number and has not yet been determined per property.The$10,000 is a variable number. During our meeting on October 5th,we discussed how we would account for the base contract requirement to provide revised designs and construction in the event that a property elects not to accept the harmonization agreement. I am assuming that item 2.c.above is representative of that requirement. Please confirm that the$17,381 for expanded/augmented harmonization scope at a specific property will remain billable to the City,should a property elect to forgo the harmonization, and that a maximum of$X ($10,000 in your example)is being carried by Ric-Man for re- design and construction efforts required by base contract scope. Please note that there was no limit in the base contract for the cost of redesign and harmonization within the right of way. Confirmed, with the understanding that if the roadway is lowered(Option 1)and a wall is not installed (Option 2)and understanding that the design of the roadway and drainage is currently complete,the duplication of effort to re-design the roadway and drainage would be part of the net cost against the theoretical budget of$27,381 . We would expect consideration for that re-design. Please understand, the minimum 3.7 NAVD,criteria set in the DCP for roadway elevations would have to be waived in certain cases depending on the circumstances of the non-compliant residence and the willingness of the city to alter the roadway to make them happy(aesthetics) in lieu of a wall. In the cases of non-conforming properties and depending on the nature of the re-design(Option 1 or 2),the construction cost may result in a net add to the$27,381 theoretical example. It should be recognized as written and initially contemplated in 2017,with a criterion of a minimum crown elevation of 3.7 NAVD as the primary criteria (Addendum 4-Appendix C), the only option would be a wall as stated within the DCP. Lowering the roadway, re-designing adjacent ROW was never a DCP requirement. _ 'Let me know if you have any questions. Thanks, _' M Afv\IBEACH SUPPORT BREAST CANCER AWARENESS David A. Gomez, LEED-AP Division Director OFFICE OF CAPITAL IMPROVEMENT PROJECTS 1700 Convention Center Drive,Miami Beach,FL 33139 Tel:305-673-7071 Ext.6732 Fax:305-673-7073 website:www.miamibeachtLoov We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community. 3 EXHIBIT A Michael Fischer From: Michael Fischer Sent: Thursday,October 20,2022 5:12 PM To: Gomez, David;davidmartinez@miamibeachfl.gov; EricCarpenter@miamibeachfl.gov; Gomez,Joe Cc: Danny Mancini;Jose A.Caraballo, P.E. Subject: Private Property Trees and Harmonization Attachments: Sbizhub22102007470.pdf All Relative to private property trees only in the north. Our Arborist's survey shows 121 affected trees on private property impacted by harmonization requirements . Our count via S&S on the harmonization plans shows substantially more typically due to trees housed by residents in encroachment areas. I also include Addendum 6 for both 090/091 ( Q10 and Q24) responses to the question of harmonization scope. We believe as stipulated in the meeting yesterday that the response is definitive relative to sod in pervious areas and Asphalt/Conc at driveways, only. It is important to point out that under the Tree Preservation and Protection Ordinance issued on 2/8/2017, Para 46.58 Exemptions, Non-Specimen trees can be removed without a permit in single family residence zoning districts with a DBH<6". The 2022 revision changed the exception to<3". >RMCF's position regarding private property trees is clear. Addendum 6 of the contract excludes all consideration for trees and for that matter any other obstruction to the harmonization zone other than Sod as the replacement. That said, Trees on private property>than 6" DBH which will not survive harmonization , at the Owners request, and as agreed to by the Urban Forester will be relocated and/or protected in place with retaining mechanisms, raised sidewalks,etc.The cost of which will be added via change order to our base harmonization proposal on a case-by-case basis. RMCF will address with the property Owners at our current pricing the handling of trees between 3" and 6" DBH. We have agreed to work with the Urban Forester for trees within the ROW to deal with potential removal, mitigation and replanting.There are 227 Potential tree relocations within the ROW according to the analyses performed by our sub-consultant,Savino Miller and Certified Arborist. RMCF will coordinate relocating a reasonable component of the 227 trees to other segments within the West Ave Project limits, only with the understanding that each relocated tree will replace a newly specified tree for the segment which receives the relocated tree. RMCF will conform to Sec. 46-61 and 46-64 of the Ordinance in coordinating this effort. Segments 1 and 2 could be exempted from this approach since they are the first segments to be worked on unless there is a park location within a reasonable distance to relocate them to. We recommend holding this item for further discussion and not including it under CO#7. We do believe a reasonable budget would be$550,000 if we relocated all 227 trees in the manner described above. Drawings would be revised accordingly once formal approval is received by Urban Forester to reflect this change. Relative to Item 7- Property Harmonization CES/S&S costs . RMCF reduced its'fee by$ 60,000 yesterday and CES has offered a reduction of$81,000.The new total for item 7 is$2,118,500. 1 EXHIBIT A Mike Michael R. Fischer, COO. ■ CON87. FL,INC. CO1187 FL, INC. '=EACHfotoMtAMI,FIARIDI� RIC-MAN Construction Florida.Inc. 3100 SW 15th Street,Deerfield Beach,Fl 33442 Office: (954)426-1221 I Fax:(954)426-1226 Cell: (703) 732-7717 www.ric-manf.com M Fischer@ Ri c-man FL.corn { 2 EXHIBIT A MIAMIBEACH WEST AVENUE NORTH-Change Order 7 Values ITEM# ITEM RICMAN Negotiated Amount • COMMENTS PROPOSAL 10-21-22 - 1 CES Settlement $- 955,589.64 $ 803,022.39 - - - _- CES Settlement#1-Inverted crown $ _ 46.25921 $ -. 23,129.61'. _ CES Settlement#2 Lighting&Signals ' - '.$ 20,518.00 $ 5,000.00 ` - _ CES Settlement#3-Bayvalk Redesign -- '_ $ ' 27.297.02 $-- 27,297.02. Future design cost requested($63,693.03).Validity TBD _ ' • , - -' " 67205.25 total for north.transportation approved items: , - - • 1..lane width-$36,950 deisgn cost ' - 2.Curb cut ramps$20630 design cost - 3.RRFB-CMB request,not code,omitting from project east _ bike boz 2,800 design cost - " ' CBS Settlement#4-Transportation changes • $" 41,126.00 $ 67,205.25. 5.Operat onal analysis$0 project cost - 6.APS-(maybe)$3625 desigricost($131,375 construction cost) 7.Spare conduit-Omitted - • - ' . 8.resolved ' - . - ' 5%Merk-up added to design costs for RMCF mgmrit$3200.25 - - - Total request$67,205.25 ' ' - •• CES Settlement#5-.1671 West Avenue Parking Lot: $-. 121,197.63 $ -121.197.63 . .. - - CES Settlement#'6-DRB presentation- ' $ 113,477.87 $ 69,000.00 City offered 50%Agreed to$69,000 _-. " - - CES Settlement#7-Phase I property.evaluation' .-' `- " . $- ' "19,744:83 $."." 19,744.83' ..`-- _ .. _ ,_ - - - _. ' ` - ''60k complete to date.Future design cost requested($+/•95,000)'— - CES Settlement#8-Tree&Palm Relocation on Private Property • - - $' - 155,521.03 $- 60,000.00.Validity.TBD CES Settlement#9-Parking Preservation Study • .- - $ : 34,634.07. $ ' _ 34,634.07 RCD to be:cancelled/voided - `• -. ._ _ CES Settlement#10-Harmonization Phase I - - , _. - $_ 153.623.64 $ .153:623.64 RCD.to be cancelled/voided'' - - '-- CES Settlement#11 Update Harmonization Renderings . -- ';$. 63,393.51 $ ' 63,393.51 ' . - - - CES Settlement#12-Relocate Pump Station to Median • $" 158,796.83 $ 158,796.83 ` .._ _ . 2 Escalation proposal $ 8,540,238.69 $ 8,540,238.69 Includes$428,361,67-escalation prep costs 3 Preparation Costs for Escalation Effort&Re-start - , $ _ 613,973.34 $.. " - 0.00 CMB'denied,request included in other items 4 Off Ramp and Termination . $ .2,852,681.36 $ 545,000.00 A.Off-ramp charges Oct.27 through March 15,2023 $ 744,532.00 $ 545,000.00 _ B.Termination for Convenience $ 2,108,149.36 $ 2,108,149.36 Not Included In total-Termination settlement-under review 5 Escalation of GC's for Extended Performance -'- $. 159,205.76. $-.:_ 159,205.76 - • - - - 8 Micro Pump Stations - $ 313,893.98 $ 313,893.98 7 Expanded'Harmonization of.Properties - --_ - - $- 2,113,299.50 $ 2,113,299.50 . A.Expanded Harmonization'of Properties-Design Per Property ' - $ : -6,726.16 $ . 6,726.16 Per Property B.Expanded Harmonization of Properties-Construction Per Property ., $ ' 9,529.99 $ . ' 9,529.99 Per Property • - .• 8 Handrail Upgrades from FDOT Specs $ 224.430,60 $ 204,430.60 -20K As resolution,City accepts.DBF recommendation to omit concrete ' - underslab at Lincoln Terrace,16 Street and 14 Street. Include the 9 Conversion of Roadway Ends Sand Bedding to Concrete at Pavers $ 47,200.00 $ • 47,200.00 concrete understab at Lincoln Court,Bay Road north.of Lincoln • " - - Road;Lincoln Road from Lincoln.Court to.the bay and the .. • .. , . intersection of Lincoln Road and Bay Road. ._ _ 10 ROW Trees TBD $ 0.00 Construction Cost-Could include additional design costs Not to be included in change order at this time. 11 Private Property Tree-Construction Cosh .., - _ " - TBD '$ .. _0.00 To-bediscussed _ , — CMB would like to treat parking as open space,RMCF to omit 12 Parking Unknown $ 0.00 parking striping It was agreed that we would resolve striping as needed-no cost 13 APS - $ 131,375.00 $ - '' 0.00 To be examined at a later date;paid under Owner contingency if required Total $ 13,843,738.51 $ 12,726,290.92-Does not include item 48 Ultimatum RMCF to provide 30 days min notice,after two meetings with design documents in hand RMCF to include base harmonization cost in overall harmonization budget 1 of 1 As of 10/24/2022 EXHIBIT B t\A I AIv\ I B BEACH WEST AVENUE- PHASE II PROJECT NAME: IMPROVEMENTS- MASTER A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida, Inc. RPR/CEI: Chen Moore and Associates, Inc. CHANGE ORDER NO. 7 DATE: 10/06/2022 You are hereby directed to make the following changes to the Contract Documents: DESCRIPTION OF This Change Order, pursuant to Amendment No. 1 to the Agreement, and as resolved and authorized by the City CHANGE: Commission on October 26, 2022, shall serve as the negotiated agreeement to compensate the Design/Build Team(DBT)for the following requested items: 1) RCO 11,Additional Design and Enginering Services 2) RCO 12, Cost Escalation of Commodities and Labor 3) RCO 13, Extended pre-construction services 4) RCO 14, Escalation of General Conditions II 5) RCO 15,Addition of Micro Pump Stations 6) RCO 16, Expanded Harmonization Scope onPrivate Prope les 7) RCO 17, Handrail Upgrades e Lg,x 8) RCO 18, Concrete Underslab at Roadway E'; 9) RCO 19, Excusable, Non-comps le� on ac'Time Extension 10) 10%Owners Contingent ,s. '` REASON FOR 1) RCO 11, $ 803,0,22'39 CHANGE: 2) RCO 12, $8 540`23$;69 ,-., 3) RCO 13,$ 545,00(XPO 4) RCO 14, $: 0,5 76 5) RCO15 313,89&98 6) RCO t�i�?�$2,113,29' �50 7) RCO 1% 5;,, 204,430k60 8) RCO 18,$. .47 200,00 9) RCO 19,$\ 0.00 10) 10%Owner's Contingency$1,272,629.09 CLASSIFICATION: IF OTHER: Additional Scope of work and extension of contract time. ATTACHMENTS: See Attachments CHANGE IN CONTRACT SUM I CHANGE IN CONTRACT TIME Original Contract Sum: $29,669,344.00 Original Contract Time to Substantial 730 DAYS Completion: Net change by previously $40,019,331.67 Net change from previous Change 1991 DAYS authorized Change Orders: Orders: Contract Sum prior to this Contract Time to Substantial Change Order: $69,688,675.67 Completion prior to this Change 2721 DAYS Order is: Contract Sum will be Contract Time will be increased/decreased by this $13,998,920.01 increased/decreased by the 521 DAYS Change Order in the amount following calendar days: of: New Contract Sum including this ` New Contract Time to Substantial Change Order is: $83,687,595.68 Completion is: 3242 DAYS II NO ADJUSTMENTS IS MADE,THE CONTRACT AMOUNT REMAINS UNCHANGED. Page 1 of 2 EXHIBIT B ADJUSTMENTS TO TIME FOR PERFORMANCE:In connection with the change(s)noted in this document,CONTRACTOR'S TIME FOR PERFORMANCE REMAINS UNCHANGED unless specifically noted herein. This Change Order is an amendment to the Agreement between the Contractor and City. The amount and time change designated herein are the maximum agreed to by both the City and Contractor for this Change Order. Contractor attests that the Contract adjustment provided herein is reasonable,and constitutes compensation in full for all costs,claims,markup,and expenses,direct or indirect,attributable to this or any other prior Change Orders,including but not limited to compensation in full for any delays,acceleration,or loss of efficiency encountered by Contractor in the performance of the Work through the date of this Change Order,and for the performance of this and any prior Change Orders by or before the date of Substantial Completion. In consideration of the compensation and time,if any,in this Change Order,the Contractor hereby releases the City from all Claims,demands,or causes of action arising out of the transactions,events and occurrences giving rise to this Change Order. This written Change Order is the entire agreement between the City and Contractor with respect to this Change Order. No other agreements or modifications shall apply to this contract amendment unless expressly provided herein. EXCEPT AS EXPRESSLY MODIFIED HEREIN,THE TERMS AND CONDITIONS OF THE CONTRACT DOCUMENTS REMAIN UNCHANGED. Approved by RPR/CEI: Approved by CIP Capital Project Coordinator: Approved by CIP Division Director: Chen Moore and Associates,Inc. Date N/A Date David A.Gomez Date Approved by Engineer of Record: .Approved by Sr.Capital Project Coordinator: Approved by CIP Director: CES Consultants,Inc. Date N/A Date David Martinez,P.E Date Approved by Contractor: _Approved by City Manager: Other: Ric-Man Construction Florida Date Alina Hudak Date Date N ; .,i H 'V., ?r.rr/ �A A t 4,r y� b sillo. .. Page 2 of 2 EXHIBIT B WEST AVENUE-PHASE II ea EAc PROJECT NAME: IMPROVEMENTS-MASTER PROJECT _ ► NE CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 11 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Request for Additional Engineering and Design Services Ric-Man's design consultant,CES Consultants, has submitted multiple requests for additional compensation for work they consider to be beyond the original scope of work.City staff and the City's Construction Engineering and Inspection consultant(CEI)have reviewed the requests and determined that a portion of the request was fair and reasonable. The items requiring additional design and engineering are a deviation from the requirements of the DCP, or omissions from the RFP documents.After review analysis and evaluation, in the interest of moving the project forward and following a Mediation meeting held on August 31,2022,the City of Miami Beach entered into negotiations with the DBT and reached consensus on these items. d.e additional design efforts are itemized below and in the proposal from the Ric-Man(Exhibit A). 1. Inverted Crown at Lincoln Court:This request for change order asks f•,f-ddii• :I compensation for re-design of Lincoln Court to incorporate an inverted crown.As your proposal states,this cha 4-is neces a due to the elevation of the parking garage entrance at 1441 Lincoln Court and the determination from your 0,0 Psultant that a -i -d crown may cause a negative impact on stormwater flows at the Sunshine Condo. 2. Lighting and Signals:This request for change order asks for the . es to lighting and signals due to roadway modifications at the intersection of 10th Street and West Avenue as.,r„z,sult of ch- • s to the sidewalks between 8th Street and 10th Street, in order to accommodate the request from adjacent or) • •perty( r nick). 3. Baywalk Re-design:This request for change or r seek -•dr' nal compensation for design efforts associated with the baywalk portion of the project, located behi inco Load. The request,as proffered by the Design/Builder and understood by the City, is associated wit a pre- isting la elopment agreement between the City of Miami Beach and the 1450 Lincoln Road property,which wa n t disci he ' e of contract execution. Per the request, in order to meet the terms of that development agreement a e, h ba alk was required. 4. Transportation Changes:The 1- ign - is age(DCP),Section 1.03 of the DCP includes that"the[Design/Builder]shall be responsible for the design, ermitting,co,str • n management and construction of the[project]". More specifically, Section 15.H clearly indicate tkat the desi•J builder will be required to obtain necessary permits from Miami-Dade Traffic Engineering Division,among o - . In re •anse to a submittal to Miami-Dade Traffic,comments were received requiring the addition of accessible pedestrian als, - well as other modifications to the traffic plans. As proferred by Ric-Man,these requests from the regulatory agenci:5t:T not a code requirement,nor the DCP.As such, additional compensation is warranted. 5. 1671 Parking Lot Design:This request for change order asks for additional compensation for revising and upgrading the parking lot as recommended by the DRB as a consequence of the relocation of the Pump Station from Lincoln Road to the new location, 1671 Parking Lot. On January 2021,CD#2 was approved including 50%design cost to relocate the storm water treatment system to 1671 West Ave(P24)in the amount of$137,500.00. On September,2021 CO#6 was approved for the additional work required to move the pump station into the parking lot, including the necessary revisions of the base plans for lighting and signing and marking as specified in the proposal from Civil Works, Inc dated 5/03/2021.The proposals, as proferred by Ric-Man, only envisioned the miling and resurfacing of the exiting parking lot,and not the wholesale redevelopment as recommended by the DRB. 6. Design Review Board Presentation:This request for change order asks for additional compensation to the DBF to produce a presentation and upgraded renderings directed by DRB as a result of the January 4,2022, hearing.The proposal includes renderings of private and public property, address comments provided by DRB, preparation of responses to questions provided during DRB hearing and presentation. 7. Phase I Private Property Evaluation:This request for change order asks for additional compensation to perform an analysis of the private properties within the phase I area(West Avenue from 6th Street to 8th Street, 10th Street from Alton Road to the Bay, 14th Street from Alton Road to the bay,West Avenue from Lincoln Road to 17th Street and 17th Street from Collins Canal to Alton Road)to verify the vulnerability to flooding under the existing conditions. Page 1 of 3 EXHIBIT B 8. Private Property Tree and Palm Relocation: This request for change order asks for additional compensation to perform field inspections to develop a method and protocol for preserving trees and palms(6"DHB)on private property. 9. Parking Preservation Study: This request for change order asks for additional compensation to the Design/Builder to perform a parking study to analyze the current available parking and the proposed parking layout,as a result of parking loss concerns raised by the residents and City Commission. 10. Expanded Harmonization Cost Evaluation:This request for change order seeks additional compensation to perform a detailed analysis of all items that will be removed due to harmonization and encroachments and quantify this value to better understand the possible monetary impacts to the individual property owners, under the City's current harmonization policies. 11. Updated Harmonization Renderings: This request seeks additional compensation to prepare advance#D harmonization renderings for each private property in order to help residents visualize the harmonization efforts. The package will include two(2)images of the proposed harmonization between each property and the right-of-way and a webview link of the property harmonization 3D model upon property owner request. 12. Relocate Pump Station to Lincoln Road Median: This request seeks additional compensation for relocation/design of the median concept for the pump station control platform,generator,and FPL vault because of political pressure by residents to move the component off the Lincoln Rd.Street end.The concept was initially supported by the city and residents but later replaced by the commissions decisions to move the entire pump station to the 1671 parking lot. Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overhead' ofit,and bonds,a d time proposal for changes in the contract time for the following proposed modification(s)to the contract as,described,below: The Design-Build Team shall provide the additional design and engines ryn• sc'•- required to complete the tasks outlined above. Contractor's Proposal: Please submit the costs for this work which will be included in a cha t e•fi er in . cordance with Article 38 of the General Conditions.Attach file if more space is needed. Subsequent to extensive negotiations and Mediati9rfthe Cty and I ' ..Man reached a settelment agreement which includes the following values for the requested additional se ices: 1. Inverted Crown at Lincoln Court:$ 9.• 2. Lighting and Signals:$5,000 444 it* 3. Baywalk Re-design:$27,297 4. Transportation Changes:$•7 05.25 5. 1671 Parking Lot Design:$121 1 7.63 6. Design Review Board Presentati n. 69, 00.00 7. Phase I Private Property Evaluation. 44.83 8. Private Property Tree and Palm Relocation: $60,000.00 9. Parking Preservation Study: $34,634.07 10. Expanded Harmonization Cost Evaluation:$153,623.64 11. Updated Harmonization Renderings: $63,393.51 12. Relocate Pump Station to Lincoln Road Median: $158,796.83 Total Value:$803,022.39 Amount: $803,022.39 This is not an authorization to proceed with work involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. Page 2 of 3 EXHIBIT B Recommended by RPR!CEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved Division Director: CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: , 0 i) Page 3 of 3 EXHIBIT B WEST AVENUE-PHASE II ea AA !(4 AN\I EAc PROJECT NAME: IMPROVEMENTS-MASTER PROJECT A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 12 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Cost Escalation of Commodities and Labor Ric-Man has requested additional compensation as a result of increases in construction costs, beyond that which could have been anticipated or previously included in the contract. Ric-Man has provided documentation and based the request on information from the U.S. Bureau of Labor Statistic's Producer Price Index,for the period from June 2021 through June 2022(Exhibit A).The City's CEI and City staff have reviewed and analyzed the information provided and find the substantiating documentation reasonable and in line with current market conditions. It is important to note that although the City's contract with Ric-Man does not provide for cost escalation consideration,it has been contemplated and negotiated in light of the extraordinary m t conditions and fluctuations. This request equates to an approximate 14.4%escalation in construction costs. Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overhea , o ,and bonds;and time proposal for changes in the contract time for the following proposed modification(s)to the co ract as desc' d below: This request does not include added scope, but shall serve to e RicIriV for the unprecedented volatility in current market conditions. Contractor's Proposal: Please submit the costs for this work which will be i OP- a hang• order in accordance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have revie- U : aly :.`! e information provided and find the substantiating documentation reasonable and in line with current mni,'Tt conditio-p,Ex'i it B). Total Value: $8,540,238.69 Amount: $8,540,238.09 This is not an authorization to proceed with work involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. Recommended by RPR/CEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved Division Director: Page 1 of 2 EXHIBIT B CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: # .1ZIP111111111P4(4(11C to Page 2 of 2 EXHIBIT B WEST AVENUE-PHASE II PROJECT NAME: IMPROVEMENTS-MASTER PROJECT AmA/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates. Inc. Request For Change Order No. 13 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Extended Pre-Construction Services Ric-Man has requested additional compensation for costs incurred associated with consultant costs, and direct and indirect costs for the field office and corporate office(Attachment A). The request shall compensate Ric-Man for the delay in the ability to commence construction from October 2021 through the anticipated commencement of construction in March,2023. Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overhead,profi g d ;•n•s;and time proposal for changes in the contract time for the following proposed modification(s)to the contract as desc.r • below: This request does not include added scope, but shall serve to compensat lic-Man for the 3C6..s incurred during the extended pre- construction services. Contractor's Proposal: Please submit the costs for this work which will be included in a ch: ge o tal. c rdance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have reviewed and anal�^-a ,ai: infor ion provided and find the substantiating documentation reasonable and in line with current market conditio,0( xhi.it B). Total Value: $545,000 Amount: 10.7‘ $545,000 This is not an authorization to proceed with work involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. Recommended by RPRICEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved Division Director: CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: • Page 1 of 1 EXHIBIT B WEST AVENUE-PHASE II PROJECT NAME: IMPROVEMENTS-MASTER PROJECT AA1 A 1 EEAC AlE CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 14 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Escalation of General Conditions Ric-Man is projecting an escalation in costs associated with project general conditions,for the 17 month(521 day)delay in obtaining harmonization and license agreements,and the ability to commence construction. As a result of continued delays in the commencement of construction activities, Ric-Man has determined that the delays have resulted in added general conditions expenses through the expected and ordinary cost escalations in those activities, including increases in wages,fuel costs and office overhead. The proposal includes a 0.5%increase in costs, per month,for indirect project costs ye time period from January 2025 through June 2026. Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overhea profit,and bonds, time proposal for changes in the contract time for the following proposed modification(s)to the contract as a cribed,,b low: This request does not include added scope, but shall serve to compen "( Ric. -n for the projected cost increases resulting from delays in the commencement of construction activities. Contractor's Proposal: Please submit the costs for this work which will be incl., ' _C chap order in accordance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have reviewed and a=nalyzed '.. .rmjf n provided and find the substantiating documentation reasonable and in line with current market conditi•. `I:r`71\. Total Value:$ 159,205.76 Amount: $ 159,205.76 This is not an authorization to proceed with work involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. Recommended by RPR/CEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved Division Director: CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: Page 1 of 1 EXHIBIT B WEST AVENUE-PHASE II A t EAc PROJECT NAME: IMPROVEMENTS-MASTER PROJECT t V !jam` W 1+ A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 15 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 _Reason for RCO: Addition of Micro-Pump Stations The City requested that the design-builder perform a stormwater model analysis of the West Avenue Basin considering the stormwater influence outside of our project area, in particular from the area east of Alton Road(Flamingo Neighborhood). Based on the analysis, the design-build team recommended that the project include additional drainage measures, in the form of micro-pump stations,at 15 properties throughout the corridor, until the Flamingo Neighborhood Improvement Project is implemented in the future. It is important to note that this is an existing condition,and while the West Avenue Phase II Improvement Project is reducing the risk of flooding to these properties, it will not meet the intended protection at these specific locations until the completion of the Flamingo Neighborhood Improvement Project. Of these(15)properties recommended,only(3), lie within the limits of the West Ave Phase II North of 14th Street project limits and will be installed at this time. Those properties include 1315 14th Street, 1220 16th re t and 1209 Lincoln Road. The remaining(12) locations will be addressed by the West Avenue Phase II South of 14 Street Prot„ . Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overh= . prof "•nd bonds;and time proposal for changes in the contract time for the following proposed modification(s)to the contract as .below: Design,engineering and construction of(3)micro-pump stations inclusive 8.-i1labor, material,equipment and supervision. 0,„Contractor's Proposal: Please submit the costs for this work which will be Intl d Iti,.• cha rrder in accordance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have reviewed and At-(yzed Jir inform:t in provided and find the substantiating documentation reasonable and in line with current market Condit' ,(E .+t H. Total Value:$313,893.98 Amount: $313,893.98 This is not an authorization to proceed with work involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. Recommended by RPR/CEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved Division Director: CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: Page 1 of 1 EXHIBIT B WEST AVENUE-PHASE II A A A PROJECT NAME: IMPROVEMENTS-MASTER PROJECT M /\ 1 V/11 A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 16 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Expanded Harmonization Scope on Private Properties One of the principal impediments,and primary resident concerns,to obtaining executed harmonization and licensing agreements was the potential costs to property owners associated with the completion of the property harmonization. This cost request relates to the City's long-standing policy whereby private property owners are responsible for some of the costs of harmonization and restoration associated with neighborhood improvement projects. The design criteria package for this project outlined and established that long- standing policy and defined the limits of the work to be performed by the contractor under the harmonization scope. In the interest of addressing the concerns of the residents,and the requests of certain Commissioners to,e-evaluate that policy,the Administration has directed Ric-man to include that harmonization scope beyond the original scope,whi-,nlrould have otherwise resulted in a cost to the residents.This approach resolves the concerns of the residents and the CommissilnlEnd provides a method by which the project can be completed without monetary impact to the residents. Ric-Man provided a proposal to include the expanded harmonization scop,(r hibit A). Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive .Q e h ad,pro end bonds;and time proposal for changes in the contract time for the following proposed modification(s)to the cone-ct as a rjbe •elow: Design,engineering and construction of the expanded harmoniza ion '• rdw oring the right-of-way and private properties,to the greatest extend possible,to pre-construction conditio in sive to labor, material, equipment and supervision. Contractor's Proposal: Please submit the costs for this work w `will be i c ude.Vic- change order in accordance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have revi and anal ed the information provided and find the substantiating documentation reasonable and in line with current marke ca ditios 3 Exhibit B). Total Value:$2,113,298.90 Amount: $2,113,298.90 This is not an authorization to proceed with work involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. Recommended by RPR/CEI: 'Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved Division Director: Page 1 of 2 EXHIBIT B CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: qkI I I I I I I I I I I I 44°°1C 11110 Page 2 of 2 EXHIBIT B WEST AVENUE-PHASE II PROJECT NAME: IMPROVEMENTS-MASTER PROJECT r A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 17 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Handrail Upgrades On April 5,2022,the project was presented to the City's Design Review Board(DRB). As a condition of the approval order,the DRB recommended modifying the design of the typical metal railings used throughout the project. The design criteria package specifies the use of a standard FDOT railing design. As a result of the recommendation, Ric-man will incur an added cost for the DRB specified and required railings. Ric-Man provided a proposal to include the DRB required railing design (Exhibit A). 40 Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overhead, r it,and bond d time proposal for changes in the contract time for the following proposed modification(s)to the contract as 5 ribed elow: Design,engineering and construction of the upgraded railing design,ar requires a DRB, inclusive of all labor, material, equipment and supervision. Contractor's Proposal; Please submit the costs for this work which will be incl ,1 Jli;u,,• cha e=r.rder in accordance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have reviewed and:In.yzed ,.tr FA, a n provided and find the substantiating documentation reasonable and in line with current market Condit' ,(E 'art"ah Total Value: $204,430.60 Amount: $204,430.60 This is not an authorization to proceed with work involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. Recommended by RPR/CEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved Division Director: CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: Page 1 of 1 EXHIBIT B WEST AVENUE-PHASE II 6-4 A A I EAC PROJECT NAME: IMPROVEMENTS-MASTER PROJECT \�°/`5 NE CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 18 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 • Reason for RCO: Concrete Underslab at Roadway Ends Certain roadway ends within the West Avenue Phase II Improvements, North of 14 Street project called for the inclusion of a concrete paver roadway surface. In an effort to extend the longevity of the roadway service and thereby extend the service life of the road,City staff requested that Ric-Man include a concrete underslab in the assembly details at Lincoln Court, Bay Road north of Lincoln Road, Lincoln Road from Lincoln Court to the bay and the intersection of Lincoln Road and Bay Road. Ric-Man provided a proposal to include the concrete underslab at the specified roadwayzsections(Exhibit A). Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overhead, r fit,and bon ' d time proposal for changes in the contract time for the following proposed modification(s)to the contract as d 8 ribed below: Design, engineering and construction of the concrete underslab for th i clusi all labor, material,equipment and supervision. Contractor's Proposal: Please submit the costs for this work which will be included in a ch• r' .. cordance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have reviewed and an- edihe info a ion provided and find the substantiating documentation reasonable and in line with current market condi s(Exhi I B). Total Value:$47,200.00 Amount: $47,200.00 This is not an authorization to proceed with wo involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. Recommended by RPR/CEI: Recommended by CIP Capital Project Approved.by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved Division Director: CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: Page 1 of 1 EXHIBIT B WEST AVENUE-PHASE II EAC PROJECT NAME: IMPROVEMENTS-MASTER PROJECT NAIAAA1A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 19 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Non-Compensable Time Extension Due to the inability to obtain executed harmonization agreements and other challenges precluding the intended start of construction, Ric-Man has identified a 17-month delay to the project. This change order will therefore extend the contractual substantial completion date by 17 months(521 days),for an anticipated substantial completion date of June 16,2026. The extension is for excusable, non- compensable contract time, and shall not receive any additional compensation beyond that previously approved. Ric-Man provided a request for extended contract duration(Exhibit A). Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overhead,,;1 '`it,and bon • d time proposal for changes in the contract time for the following proposed modification(s)to the contract as • ribed below: Excusable, non-compensable contract duration of 521 days.. Contractor's Proposal: Please submit the costs for this work which will be included in a ch •r cordance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have reviewed and an. edihe infor . ion provided and find the substantiating documentation reasonable and in line with current market condi'• (Exhi J'B). Total Value: $0.00 Amount: $0.00 14, This is not an authorization to proceed with wo'3'involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. Recommended by RPR/CEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved Division Director: CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: Page 1 of 1 EXHIBIT B ° 0:t 3100 SW 15th Street •qv ��c, Deerfield Beach, Florida 33442 �1D8EACN.�� '°A Office:(954)426-1221 Fax:(954)426-1226 City of Miami Beach October 24,2022 1700 Convention Center Drive Sent Via Email&US Mail Miami Beach,FL 33139 Re: West Ave 091 -North Subj: Re-Start Proposals Attn: Mr.David Gomez Dear Mr.Gomez, Ric-Man Construction Florida,Inc(RMCF)provides a final su • A ry below of agreements made with city staff for the Re-start and/or termination of the pr. ter approval by the Commission on October 26,2022 and now a part of proposed CO#7.Thi;, er mo o'fies RMCF's proposal letter with attachments dated September 16,2022. 1. CES Settlement Offer $803,022.39 The amount listed under this item inc,udes Ite S Inverted Crown,item 2-Lighting and Signals,item 3-Bay walk re-design n`aiira t w. .erformed.(future design costs of $63,693.03 not included),Item 4-tra •.o , o - anges(items 1-8).Item 5-West Ave parking lot,item 6-DRB pres,i[tat'on,IIo' -phase 1 property evaluation,item 8-tree and palm relocation on privat,io ope (+- '.9,,000 to be discussed at a future date),item 9- parking preservation st 'o,, (Nor ''c.11wL.!j h),Item 10-harmonization study(North and South),item 11-update h. o ization renderings(North and South), Item# 12-relocate pump station to ,R •o': 2. Escalation prop. . $8,540,238.69 RMCF re-submitted ricer. ' ation costs on 9/9/2022 as a result of the CMA review conducted in our meeti g on 9/7/2022.Preparation costs for escalation in the amount of $428,361.67 are included in this item and is billable pursuant to percent complete for each item,but not before 3/15/2023. 3. Preparation Costs for Escalation Effort and Re-Start $0 This item is included under item 2 above. 4. Off-Ramp Charges Through March 15,2023 $545,000 (Re-Start/Then Off Ramp) $2,108,299.50(Termination) R I C - M AN CONSTRUCTION , FLORIDA , I N C . i u I y () p p r i u u i 1 k L m p I n EXHIBIT B 104/04 y 3100 SW 15th Street CQN$T ,NCo Deerfield Beach, Florida 33442 oEERRELD now, Office:(954)426-1221 Fax:(954)426-1226 Expenses include Field General Conditions,Miami Beach,and Deerfield Beach offices to be expended from re-start of October 27, 2022 through the Off-Ramp mutually agreeable date of March 15,2023.These costs are in addition to the termination proposal costs now settled at$2,108,299.50. 5. Escalation of GC's for the Extended Performance Period between 1/11/2025 through 6/16/2026- $159,205.76 The attached revised CPM indicates a 17-month delay to the CO#6 approved schedule.The new Substantial Completion date is June 16,2026.RMCF included key milestone activities which drives the critical path including the following activities: MS-17 Restart Order-10/27/2022 MS-18 Execution of Change Order- 12/1/2022 MS-27 Off Ramp Deadline-3/15/2023 NTP-2 Construction Start-3/30/2023 The premise of this revised CPM is rooted in a ifIF ion approval of these Change Orders by October 26,2022 and RMCF's abili to obtai-t° %of 091 Segments 1 and 2 North License Agreements(24 properties) a .rch , 023,the Off Ramp Deadline.It is understood that RMCF will work concu'a v' cessing license agreements in segments 3-8. -- 6. Micro Pump Stations • 3 @ 091 $313,893.98 Only 3 properties re• ..:.• .u.n o tations at 091,1220 16th St, 1209 Lincoln Rd and 1315 14th St. 7. Harmonization of ' ope d•s $2,113,299.50 RMCF submitted a pro sos. to perform a survey of all properties which would require the removal/modification of encroachments(obstacles within the ROW)and obstructions in the private property harmonization zone which were not covered in the contract DCP.The proposal was submitted on March 25,2022 and resulted in the issuance of RCD#6 for Phase 1-quantity identification.Phase 2 (Design)in the amount of$646,791.32 has been modified to account for Building Department requirements.RMCF will perform the design and installation for each property for a total-of$16,256.15 per property. • CES will be paid based on%complete of each property at the rate of$6,726.16 per property.Price includes 33 Re-surveys due to anticipated property recent modifications,only.Added surveys will be charged out at$3,465 each via Change Order. • Restorations will be in-kind-no enhancements to existing features will be included. • Any added surveys will be within the harmonization zone only. R I C. - M A N CONSTRUCTION FLORIDA , I N C . a 1 (l I` p r I I 1 1t i i I isi h I 1 EXHIBIT B 0C-104p 3100 SW 15th Street CONalk R ANC Deerfield Beach, Florida 33442 DEERFIELD Office:(954)426-1221 Fax:(954)426-1226 • Permits will be based on the discussion held on 9/12/2022 with the City Building Department Director-Anna Salgueiro. • Relocation of trees will be managed with the Urban Forester per RMCF's memo dated October 20, 2022.(Attached) • RMCF will control the budgetary Resident construction account. Billing will be based on the average rate of$9,529.99 per property upon execution and performance of each License Agreement irrespective of final cost per property negotiated with each resident. • Resident refusal to execute the License Agreement will activate an"Ultimatum" clause after two(2)unsuccessful and documented visits resulting in a re-design through the non-conforming property.After a 30-r.l.y waiting period,RMCF will re-design the property and may include road ;:i"elevation and drainage changes to accommodate the non-conforming property, event,any and all provable re- design and additional construction co 4,, will be :e,ed to the$16,256.15 rate per property adding in the value of a retai, wall and ba -k,ontract harmonization items(sod and earthwork)to form . fij,ope 417 .udget,the delta of which will be an extra to the contract. • RMCF will be granted accept.,011a ,demni . ions from the City against actions initiated by the non-signing R- . n ,,ssn'Iation,etc. • HML will continue in th supp o .0 e as 0 for this effort. i 8. Handrail Upgrades fro 1 P OTet• • --ti • on $204,430.60 Based on the DRB revi-w RAC ''as upgraded the specified FDOT#862 handrail to a Giralt Aluminum Alloy 60. w-1,d construction system used on the Indian Creek project. 9. Conversion of R•i • ay E • Sand Bedding to Concrete at Pavers $47,200 RMCF will add unde .b incoln Ct,Bay Road North of Lincoln Rd,Lincoln Rd from Lincoln Ct to the Bay an. ntersection of Lincoln Rd and Bay Road.All other street ends will omit the concrete under slab. 10.ROW Trees TBD RMCF completed its Design of all ROW segments.The initial submission application for Urban Forestry was never executed by the City.Our understanding is Urban Forestry is under new leadership and the intent of saving/preserving trees in lieu of removal and replace is not clear at this time.RMCF specifically reserves its right to an additional Change Order based on directives driven by Commission and/or Urban Forestry changes to the current design which will lead to additional cost.(See RMCF 10/11/2022 and 10/20/2022 Memos) i 11.Private Property Tree Construction- $0 1 R 1 C - M A N CONSTRUCTION FLORIDA , I N C . \ n 1 y rr :1 I o p P 0 a t e II i i ti I m I, , EXHIBIT B 3100 SW 15th Street NullFLU Et Deerfield Beach, Florida 33442 DEERRELD Office:(954)426-1221 Fax:(954)426-1226 See item 7 above.This item requires further discussion and direction. 12.Parking $0 Parking will be treated like an open space,RMCF will omit parking striping.Striping will be provided as needed. 13.APS The Audible push buttons at signalized intersection($121,375)to be paid out of contingency if required by the city. Total CO Value upon Re-Start of Project $12,726,290.92 • Items 1,2,3,4A,5,6,7,8,9, 10, 11, 12,1 Total CO Value of Termination Opted on 3/1 23 $2,653,149.36 • Item 4 Please contact me with any questions. Sincere , 7-7 -41 111111?11111111111P Michael . ischer,COO. Ric-Man Construction Florio! .. 4 CC: Danny Mancini Tyson DiPetrillo David Martinez Eric Carpenter Rafael Vega Pilar Caurin Attachments: - 10/11/2022 Memo - 10/20/2022 Memo - CO#7 Spread Sheet ,R I C - M A N CONSTRUCTION, FLORIDA , I N C . 1 n I cl a i , u i i i I ill I I c EXHIBIT B Michael Fischer From: Michael Fischer Sent: Wednesday, October 12, 2022 1:12 PM To: Gomez, David Cc: Martinez, David;Caurin, Pilar, Danny Mancini;Jose A.Caraballo, P.E.;Tyson DiPetrillo Subject: RE:West Avenue Phase II Improvements David See comments below in red. Mike Michael R. Fischer, COO. —C C "14 I kiti << • C ift• ICI‘ CON 87. FL,1NC. CON$T.' FL,INC. °Ewa° now RIC-MAN Construction Florida. Inc. (' 3100 SW 15th Street,Deerfield Beach,Fl 33442 `- -'Office:(954)426-1221 I Fax:(954)426-1226 Cell:(703) 732-7717 www.ric-manfl.com MFischerPRic-manFL.com From:Gomez, David<DavidGomez@miamibeachfl.gov> Sent:Tuesday,October 11,2022 3:07 PM To:Michael Fischer<mfischer@ric-manfl.com> Cc:Martinez, David<DavidMartinez@miamibeachfl.gov>;Caurin, Pilar<pilarcaurin@miamibeachfl.gov> Subject:West Avenue Phase II Improvements Mike, Good morning. I am in need of some clarification,in order to complete the Commission Memo and begin preparation of the contract amendment. 1. It is our understanding that permit plans for the tree permit have been completed,and were discussed with Omar Leon holistically,incorporating his comments/requests. a. Please provide the updated tree permit plans(I can only locate the tree permit application and plans for south segment 1,and it does not reflect relocations).Provided under separate cover via link to both North and South. • 1 EXHIBIT B b. Please confirm that Urban Forestry comments,to the best of our understanding,have been addressed and included in the current landscape/tree plans.Correct-all comments received and addressed. RMCF formally submitted Segment 1 north only based on Omar's request. His plan was to review the plans one segment at a time.We never received his formal review. c. Please confirm Ric-Man has included,as part of the re-start proposal,the cost of tree relocations within the ROW as well as on private property.Tree removal and/or relocation based on trunk size on private property is included along with adding new where applicable. Tree relocation within the ROW is not included.Attempts were made to save trees(this is shown on the plans with a notation stating"Potential Transplant")that our arborist deemed as salvageable based on its condition. These are shown on the final plans submitted to you under separate cover. d. Please describe your intent regarding relocations(i.e.,within segment,across segments,at alternate city locations such as park).We have made no accommodation to relocate and replant trees in our current design within the ROW.We will replant trees based on trunk size within an individual property if it is healthy per our arborist. There was discussion of possibly dealing with ROW relocations, but this concept was never brought to fruition. However, the trees and palms which could be transplanted were identified on the final ROW plans. e. The re-start proposal indicates redesign of harmonization to preserve trees on private properties with 6"DBH or greater,and relocation of trees with 3" or smaller. What about DBH between 3"and 6"?Our intent was to relocate existing tree,xu•rivate property which could be saved,and the resident wanted it to be saved, if the trunk de et-ias 3"or less. Larger trunk diameter trees which could not remain within the harmoniz:o area will b"l(rti, oved and disposed of and replaced with new. f. Is there a distinction in items a-e above ••al , es? No 2. For the harmonization and license agreement scope: a. Should a property elect to forgo h. n•_'zation, tat is your intent to ensure runoff is captured to prevent flooding of the property? o r, b. Please confirm that should a,..rope '9e -, to b go harmonization,all minimum requirements for driveway slopes and tra C ill st I,.pply. The property will remain as it is today. First option-CES will r;1-41AL ay,sidewalk, lighting, landscaping,etc.to lower the roadway to exis,;,;, ,,•nd' •s directly in front of the property. Second op add a gr. IN wall and re-direct the drainage within the ROW to ensure flooding conditions wi qihlt ensu-from the newly raised roadway into the property.We would obviously need the indemn`+'$,,.f• ' anguage discussed under this approach as the property Owner would inevitably be force. 're armonize the property themselves to allow access(to possibly avoid city condemnation ) .This second option is our preferred approach due to the potential excessive cost to re-design the roadway and it compromises the benefit of the raised roadway(the primary intent of this contract) The first option may affect adjacent properties up to 300'in each direction.This approach would require adjusting drainage longitudinal slopes,water main elevations,etc., basically every element within the affected ROW redesign area.The second option will be problematic from an access and runoff perspective if the property naturally drains toward the ROW. In that event, we'll have to install collection points at the edge of the ROW without entering the property.The property Owner will be required to harmonize the driveways and walkway access themselves,since we cannot • enter their property without an agreement. If a property drains naturally away from the ROW, it will continue to experience the same flooding as it does now. ('� c. Please further clarify your example of expanded harmonization scope costs. We understand your proposal includes an average per property cost of$17,381,and that in addition,you will be 2 • f s EXHIBIT B carrying an unknown value for gravity walls at each property(in your example you use $10,000). Should costs exceed the budget(in your example$27,381),then there would be additional costs to the City. Is this correct?Correct d. Please confirm that the$10,000 used in your example is a variable number and has not yet been determined per property.The$10,000 is a variable number. During our meeting on October 5th,we discussed how we would account for the base contract requirement to provide revised designs and construction in the event that a property elects not to accept the harmonization agreement. I am assuming that item 2.c.above is representative of that requirement. Please confirm that the$17,381 for expanded/augmented harmonization scope at a specific property will remain billable to the City,should a property elect to forgo the harmonization,and that a maximum of$X ($10,000 in your example)is being carried by Ric-Man for re- design and construction efforts required by base contract scope. Please note that there was no limit in the base contract for the cost of redesign and harmonization within the right of way.Confirmed, with the understanding that if the roadway is lowered (Option 1)and a wall is not installed (Option 2)and understanding that the design of the roadway and drainage is currently complete,the duplication of effort to re-design the roadway and drainage would be part of the net cost against the theoretical budget of$27,381 .We would expect consideration for that re-design. Please understand,the minimum 3.7 NAVD criteria set in the DCP for roadway elevations would have to be waived in certain cases depending on the circumstances of the non-compliant residence and,dY• willingness of the city to alter the roadway to make them happy(aesthetics)in lieu of a wall. In the cases "Ai g•n-conforming properties and depending on the nature of the re-design (Option 1 or 2),the construction cost may uT ul net add to the$27,381 theoretical example. It should be recognized as written and initially contemplated i',A 7,ze a criterion of a minimum crown elevation of 3.7 NAVD as the primary criteria (Addendum 4-Appendix C), th-W1 option would be a wall as stated within the DCP. Lowering the roadway, re-designing adjacent ROW was a DCP irement. �. Let me know if you have any questions. Thanks, v1)A 1?\IB c. pP k SUPPORT BREA In CANCER AWARENj David A. Gomez, LEED-AP Division Director OFFICE OF CAPITAL IMPROVEMENT PROJECTS 1700 Convention Center Drive,Miami Beach,FL 33139 Tel:305-673-7071 Ext.6732 Fax:305-673-7073 website:www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community. 3 EXHIBIT B Michael Fischer From: Michael Fischer Sent: Thursday, October 20,2022 5:12 PM To: Gomez, David;davidmartinez@miamibeachfl.gov; EricCarpenter@miamibeachfl.gov; Gomez,Joe Cc: Danny Mancini;Jose A.Caraballo, P.E. Subject: Private Property Trees and Harmonization Attachments: Sbizhub22102007470.pdf All Relative to private property trees only in the north. Our Arborist's survey shows 121 affected trees on private property impacted by harmonization requirements . Our count via S&S on the harmonization plans shows substantially more typically due to trees housed by residents in encroa. ment areas. I also include Addendum 6 for both 090/091 (Q10 and Q24) res• r to the question of harmonization scope.We believe as stipulated in the meeting yesterday that,,, respox: is definitive relative to sod in pervious areas and Asphalt/Conc at driveways, only. It is i 00 ant to poin? o t that under the Tree Preservation and Protection Ordinance issued on 2/8/20 t77o Par., s.58 Exemptions, Non-Specimen trees can be removed without a permit in single family residence zon rstricts with a DBH <6". The 2022 revision changed the exception to<3". ,.RMCF's position regarding private property t, -, is cl: •dde dum 6 of the contract t P Y excludes all consideration for trees and for that matt-j. y •t er o truction to the harmonization zone other than Sod as the replacement. That said,Trees on ••rifvate p,o+4•„ > an 6" DBH which will not survive harmonization , at the Owners request, and as agreed to by n`»lLP :an -.`ester will be relocated and/or protected in place with retaining mechanisms, raised si al , tc.'Esae cost of which will be added via change order to our base harmonization proposal on a -by-ca as'4. RMCF will address with the property Owners at our current pricing the handling of trees be en 3" a 6" DBH. We have agreed to work with the Ur orester for trees within the ROW to deal with potential removal, mitigation and replanting.There are 227 Potential tree relocations within the ROW according to the analyses performed by our sub-consultant,Savino Miller and Certified Arborist . RMCF will coordinate relocating a reasonable component of the 227 trees to other segments within the West Ave Project limits,only with the understanding that each relocated tree will replace a newly specified tree for the segment which receives the relocated tree. RMCF will conform to Sec . 46-61 and 46-64 of the Ordinance in coordinating this effort. Segments 1 and 2 could be exempted from this approach since they are the first segments to be worked on unless there is a park location within a reasonable distance to relocate them to. We recommend holding this item for further discussion and not including it under CO#7.We do believe a reasonable budget would be$550,000 if we relocated all 227 trees in the manner described above. Drawings would be revised accordingly once formal approval is received by Urban Forester to reflect this change. Relative to Item 7- Property Harmonization CES/S&S costs . RMCF reduced its'fee by$60,000 yesterday and CES has offered a reduction of$81,000.The new total for item 7 is$2,118,500. i ' i EXHIBIT B Mike Michael R. Fischer, COO. CONBT. FL,INC. CON8T. FL, INC. 0-0FIELDBEACH nolo Achu FLOAIoN RIC-MAN Construction Florida.Inc. 3100 SW 15th Street,Deerfield Beach,Fl 33442 Office: (954)426-1221 I Fax:(954)426-1226 Cell:(703) 732-7717 www.ric-manfl,com M Fischer0 Ric-man FL,com 044:.41111111111111111111111P1 2 EXHIBIT B M i r M I BEACH WEST AVENUE NORTH-Change Order 7 Values ITEM# ITEM RICMAN Negotiated Amount • COMMENTS , PROPOSAL 10-21.22 t - CES Settlement - - - ,. - " " . S. '.- 955,589.64 $ " - 803,022.39 - - - - _ ' -CES SetUemenl#1-Inverted crown'_ _ - . $ "48 259.21 $." - 23.129.61 . - ,.' .. - CES Settlement#2-Lighting&Signals" - - - $ 20.518.00 $- .5.000.00 . :. - . - .CES Settlement#3-Baywalk Redesign - - '" $ • 27,297.02 -$ -' 27,297.02'Future design cost requested j$63,693.03).Validity TBD .. - - - • -' : - - - • ' - 67205.25 total for north transportation approved Items: ' 1.lane width-$36,950 deisgn cost ' • . - - - .' 2.Curb cut ramps$20630 design cost -- . - - . . - _ - : 3.RRFB-CMB request,notcode,omitting from project cost , - •- 4,bike box 2,800 design cost' ' ' CES Settlement#4-Transportation changes $ '' 41,126.00. $ ' - 67.20525 5.Operational analysis$0 project cost,-, _ - i, 6.APS-(maybe)$3625 design cost($131,375 construction cost), . -, - = '• • , • _ - 7.Spare conduit-Omitted - - solved - _ 5 request , re _ %Markup added to design costs for F mgmnt$3200.25 CES Settlement#5-.1671 West Avenue Parking Lot- - - .$ 121,197.63 $- 121;197.63- . Total a uest$672I7525• .. • .• CES Settlement a-DRB presentation - - -. .- $ 113,477.87 $ " 69.000.00 City offered 50%Agreed to$6,19�L0`00. - • • .-CES Settlement#7-Phase I property evaluation - $ ' , -19.744.83 $ _ -19.744,83 - �;Y ' ' -CES Settlement &Tree&Palm Relocation on Private Property , $ 155,521.03 -$ 60 000,00 60k complete to date.-Fu I st requested($+/_95,000) Validity TBD - - - CES Settlement#9-Parking Preservation Study.. $ . 34.634.07 $ . • 34,634.07 RCD to be cancelltd(voided .. i. CES SetUemenl#10-Harmonization Phase I . $ - 153,623.64 $ . 153,623.64 RCD to be cancel) ett_ - CES Settlement#11-Update Harmonization Renderings' $ - 63,393.51 $ " -'63.393,51 .'!' ' , , CES Settlement#12-Relocate Pump Station to Median . ' $ 168,796.83 $:: 158,796.83_ - ' Is,., " ' ' " 2 Escalation proposal $ 8,540,238.69 $ 8,540,238.69 Includear$428 61.67'S4 calation prep costs 3''- Preparation Costs for Escalation Effort&Re-stud - ' -' . " 1 613,973.34-S. = '0.00 CMBAefiie�r ded in other items ' 4 Off Ramp and Termination $ 2,852,681.36 $ 545,000.00 A.O#-ramp charges Oct.27 through March 15,2023 $ 744,532.00 $ 545.000,00 B.Termination for Convenience $ 2,108,149.36 $ 2,108.149.26v Not included in total-Termination settlement-under review ; 5.- Escalation of GC's for Extended Performance'. . ' $ 159,205.76 $... 159,20512Fr 1 " i 6 Micro Pump Stations - $ 313,893,98 $ 313,89_3:98 `elP _ 7- ' Expanded Harmonization of Properties -. - . $ 2,113,299.50. $ 2,113;299.50 -' _. A.Expanded Harmonization of Properties-Design Per Property $ 6,726.16 $ _ 6.726E6,•Per P rig . . B.Expanded Harmonizatlonof Properties-Construction:Per Property $ 9,529.99 $ L. 9,520.9q�)' roperty` 8 Handrail Upgrades from FDOT Specs $ 224,430.60 $ 204,430.60 1 _ - • As resolution,City accepts DBF recommendation to omit concrete . -- - - underslab at Lincoln Terrace,16 Street and 14 Street. Include the 9 Conversion-of Roadway Ends Sand Bedding to Concrete at Pavers - $ . 47,200.00 S ', 47,200.00 concrete underalab at Lincoln Court,Bay Road north of Lincoln ' - • - Road,Lincoln Road from Lincoln Court to the bay and the - - - - intersection of Lincoln Road and Bay Road. 10 ROW Trees TBD $ 0.00 Construction Cost-Could include additional design costs Not to be included in change order at this time 11- Private Property Tree-Construction Cost . TBD $ -0.00 To be discussed . CMB would like to treat parking as open space,RMCF to omit 12 Parking Unknown $ 0.00 parking striping It was agreed that we would resolve striping as needed-no cost 13 ASS $ 131,375.00 $ - 0.00 To be examined at a later date;paid under contingency if . . required . Total $ 13,843,738.51 $ 12,726,290.92 Does not include Item 4B Ultimatum RMCF to provide 30 days min notice,after two meetings with design documents In hand RMCF to include base harmonization cost in overall harmonization budget 1 of 1 As of 10/24/2022 EXHIBIT C AMENDMENT NO. 1 TO THE DESIGN/BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND RIC-MAN CONSTRUCTION FLORIDA, INC. This Amendment No. 1 (this "Amendment No. 1") to the Design/Build Agreement dated June 14, 2017, between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (the "City"), and Ric-Man Construction Florida, Inc., ("Ric-Man" or"Design/Builder"), is made and entered this day of , 2022. This Amendment No.1 amends the terms of the North Agreement(as defined below). RECITALS WHEREAS,the West Avenue Improvements Phase II Project(the"Project") represents a comprehensive neighborhood improvement program, focused on addressing challenges associated with climate impacts and aged infrastructure; and WHEREAS, the proposed improvements within the West Avenue neighborhood include the raising of the paved roadway, harmonization to the adjacent properties, installation of a new robust stormwater drainage collection and pumping system, replacement of the existing water distribution/transmission systems and gravity sanitary sewers, installation of new street lighting, pedestrian lighting, replacing existing and installing a new signalized intersection with mast arms, new landscaping, irrigation and construction of a new baywalk and the limits of the improvements are West Avenue between 8 Street and Lincoln Road, including side streets, and Bay Road between 14 Street and Collins Canal; and WHEREAS, due to the size of the neighborhood, the Project was divided into two contracts, North and South, with 14th Street being the dividing line; and WHEREAS, on March 22, 2017,the Mayor and City Commission adopted Resolution No. 2017-29800, awarding the design/build services agreement issued pursuant to RFP 2016-091- KB (the"North Agreement")to Ric-Man for West Avenue Improvements Phase II North of 14th Street (the "North Project") with the guaranteed maximum price of $26,669,344, including a 10% contingency; and WHEREAS, between January 11, 2018 and June 23, 2021, to account for increased design and construction costs and time extensions necessitated by a series of design changes required by the City and/or regulatory agencies having jurisdiction over the Project, the City and Ric-Man executed Change Order Nos. 1, 2, 3A, 3B, 4, 5 and 6 to the North Agreement resulting in a new guaranteed maximum price of$69,688,675 and increasing the Contract Time to 2721 days; and WHEREAS, following the execution of Change Order No. 6, certain developments, including the need to address the concerns of residents regarding the manner in which the elevated roadways are to be harmonized with their properties, have prevented the 1 EXHIBIT C commencement of construction for either the North Project or the portion of the Project located to the south of 14th Street(the "South Project"); and WHEREAS, inflationary market conditions overall, and volatility in the construction industry, have resulted in price escalation for commodities and labor that have not been accounted for in the Change Orders issued to date; and WHEREAS, the South Agreement and the North Agreement are guaranteed maximum price contracts, but Ric-Man has requested that the City make certain financial concessions to take into account the undue burden that delays in commencing construction have had on the costs of the Project; and WHEREAS, due to the limited funding available to the City for the Project, to accommodate Ric-Man's request for a change order to reflect the current conditions in the construction industry, the City and Ric-Man have agreed to suspend the South Project and to reduce the Contract Price for the South Agreement by $13,998,920 (including the allocable portion of the City's contingency) pursuant to the issuance of a deductive change order in order to make those funds available for the North Project; and WHEREAS, Ric-Man desires to proceed with the North Project and the Parties agree that proceeding with the North Project provides sufficient mutual consideration for the suspension of the South Project and the deductive change order to the South Agreement; and WHEREAS,the Parties agree that, as governed by the totality of the terms and conditions contained in this Amendment No. 1, Ric-Man must first secure executed Harmonization Agreement and Irrevocable License and Authorizations (the "Harmonization Agreement(s)") from a minimum number of owners of properties adjacent to the Project Site (as defined in the North Agreement) in order for the City to issue the notice to proceed with the construction phase (NTP2) and then Ric-Man must secure executed Harmonization Agreements from all property owners subject to property harmonization; and NOW, THEREFORE, in consideration of the premises, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,the Parties agree as follows: 1. RECITALS; HEADINGS; DEFINED TERMS The foregoing Recitals are true and correct and are incorporated herein by reference. The paragraph headings of this Amendment No. 1 are for convenience and reference only and none of such headings shall limit or amplify the meaning, application or construction of any of the provisions of this Amendment No. 1. Capitalized terms not defined herein shall have the meanings assigned such terms in the North Agreement. References in this Amendment No. 1 to the term "Section" are references to numbered sections in the North Agreement unless otherwise indicated. 2. PAYMENTS Design/Builder warrants and represents to the City that (a) except for any payments required to be made by the City to Design/Builder pursuant to Change Order No. 7 in 2 EXHIBIT C respect of Work previously executed, Design/Builder has been paid in full for all Work performed through the date of this Amendment No. 1; and (b) payment has been made (or will be made promptly following payment by the City of amounts to be paid to Design/Builder pursuant to Change Order No. 7) to Consultant, all Subcontractors, Design Subconsultants, consultants, employees, laborers and material suppliers, at all tiers, for all labor, services, materials and equipment furnished by or through Design/Builder for the North Project through the date of this Amendment No. 1. 3. HARMONIZATION AGREEMENTS Design/Builder agrees to secure a final Harmonization Agreement from each property owner adjacent to the Project roadway alignment subject to the following terms., The parties agree that, to assist Design/Builder with this task, the City has prepared a form Harmonization Agreement attached as Exhibit"A"to this Amendment No. 1.,which form addresses concerns raised by the property owners adjacent to the Project and raised by the South Florida Water Management District. The intent of the City and Design/Builder is that the Design/Builder, on or before March 31, 2023, will satisfy all conditions precedent identified in Section 6.2(b) of the North Agreement for the City to issue an NTP for the Construction Phase. In addition to satisfying such conditions precedent, Design/Builder shall obtain signed Harmonization Agreements in accordance with the following provisions of this Section 3. The North Project has been divided into eight (8) segments, as reflected in Exhibit "B" attached hereto and incorporated herein (such segments are hereinafter referred to as Segments 1, 2, 3, etc.). The NTP for the Construction Phase shall be issued by the City on a segment-by-segment basis. From and after the date this Amendment No. 1 is executed, Design/Builder shall use commercially reasonable best efforts (a) to secure by or before March 15, 2023 an executed Harmonization Agreement from not less than 90% of owners of properties located in Segments 1 and 2(the"Segments 1 and 2 Owners"), provided,the City may accept a lower percentage in its sole discretion and (b) to secure executed Harmonization Agreements with as many owners of properties that are located in Segments 3, 4, 5, 6, 7 and 8 (the"Segments 3—8 Owners") as reasonably possible. Design/Builder shall meet with each property owner a minimum of two times to present the proposed harmonization renderings/drawings and to address any concerns or requests. If Design/Builder secures Harmonization Agreements from 90%of Segments 1 and 2 Owners by or before March 15,2023(or such lower percentage as the City may determine in its sole discretion)and the City issues the NTP with the Construction Phase in respect of Segments 1 and 2, then Design/Builder shall provide a written notice to Segment 1 and 2 Owners that decline to execute a Harmonization Agreement advising that in the absence of receiving an executed Harmonization Agreement within thirty(30) days, the harmonization for such owners' properties will be constructed in the right-of- way (each, a "Thirty-Day Notice of Construction of Harmonization in Right-of- Way"). Design/Builder shall simultaneously provide copies of the Thirty-Day Notice of Construction of Harmonization in Right-of-Way to the City's Contract Administrator, along with documentation detailing all meetings, discussions and negotiations between Ric-Man and such property owners. If Design/Builder has not finalized and secured 90% of the Harmonization Agreements 3 EXHIBIT C related to Segments 1 and 2 Owners by or before March 15, 2023 (or such lower percentage as the City shall determine in its sole discretion), and absent the Parties agreeing to a time extension for Excusable Delay to enable Design/Builder to secure additional Harmonization Agreement from Segments 1 and 2 Owners, then the City will be deemed to have exercised its Termination for Convenience right. For the avoidance of doubt, nothing in this Amendment No. 1 is intended to eliminate or modify the City's right to terminate the agreement for convenience at any time in accordance with the terms of Section 16.1 or to impose upon the City any obligation to issue an NTP for the Construction Phase, and the decision to issue an NTP is and shall remain a decision to be made by the City in the City's sole discretion. If (x) the City is deemed to have terminated the North Agreement for convenience as a result of Design/Builder's failure, despite good faith efforts,to secure the requisite number of Harmonization Agreements from Segments 1 and 2 Owners by or before March 15, 2023 or (y) the City issues a Notice of Termination for Convenience pursuant to Section 16.1 of the North Agreement at any time (whether before or after March 15, 2023), then the provisions of Section 16.1 of the North Agreement shall apply, provided, the amount of the final termination payment to be made by the City to Ric-Man shall be the sum of(i)amounts contractually due for Work performed through the effective date of termination, (ii) a termination fee of$2,108,149.36 and (iii) the per diem amount of$3,892.86 times the number of days from October 27, 2023 through the effective date of the Termination for Convenience (but not.later than March 15, 2023) to the extent not previously paid by the City. As a condition to such final payment, Design/Builder will execute and deliver to the City a final release of lien as well as take all actions, deliver all materials and execute all documents as the City may reasonably require in order to give effect to its rights pursuant to Section 16.1 of the North Agreement. If the NTP for Construction in respect of Segments 1 and 2 is issued, Ric-Man will continue to use commercially reasonable best efforts to secure executed Harmonization Agreements from any remaining Segments 3—8 Owners. The City will determine in its sole discretion what percentage of property owners in each Segment must sign Harmonization Agreements in order to issue an NTP for each such Segment. In addition to other conditions precedent set forth in the North Agreement for an NTP for Construction, issuance of an NTP in respect of a Segment will require that the Design/Builder have achieved Substantial Completion in respect of the immediately preceding Segment. As with Segments 1 and 2, once Design/Builder secures executed Harmonization Agreements from the percentage of owners required by the City to proceed with a particular Segment, Design/Builder shall provide a Thirty-Day Notice of Construction of Harmonization in Right-of-Way to the property owners in the applicable Segment that decline to execute a Harmonization Agreement. Design/Builder shall simultaneously provide copies of the Thirty-Day Notice of Construction of Harmonization in Right-of-Way to the City's Contract Administrator, along with documentation detailing all meetings, discussions and negotiations between Ric-Man and such property owners. 4. MODIFICATIONS a. Promptly following the full execution of this Amendment No. 1, the City and Design/Builder shall execute Change Order No. 7 to the North Agreement in the form attached hereto as Exhibit "A" to increase the Contract Price for the North Agreement by$13,998,920(including the allocable portion of the City's contingency). 4 EXHIBIT C b. Design/Builder hereby releases the City from all Claims, demands, or causes of action arising out of the transactions, events and occurrences giving rise to this Amendment No. 1, all of which Claims, demands and causes of action are comprehensively addressed by Change Order No. 7. • c. This Amendment No. 1 sets forth the entire agreement of the parties with respect to the subject matter hereof. All prior or contemporaneous understandings and discussions, whether written or verbal, regarding the subject matter hereof are entirely superseded by this Amendment No. 1. If there is any conflict between the terms and conditions of the North Agreement and those set forth in this Amendment No. 1, the terms and conditions in this Amendment No. 1 shall govern. 5. RATIFICATION Except as amended by the express provisions of this Amendment No. 1, the terms and conditions of the North Agreement are hereby ratified and confirmed by the City and the Design/Builder and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH, FLORIDA Rafael E. Dan Gelber Granado, City Mayor Clerk ATTEST: DESIGN/BUILDER: RIC-MAN CONSTRUCTION FLORIDA, INC. Secretary President Print Name Print Name Attachment: Exhibit"A"—Form of Harmonization Agreement Exhibit"B"—Project Segments Exhibit"C"—Change Order No. 7 to North Agreement 5 EXHIBIT"A" FORM OF HARMONIZATION AGREEMENT 6 EXHIBIT A MIAMI B City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, www.miamibeachfl.gov HARMONIZATION AGREEMENT AND IRREVOCABLE LICENSE AND AUTHORIZATION ,for itself, its successors and its assigns,"Owner", hereby irrevocably grants to theCity of Miami Beach ("City") and other authorities having jurisdiction, as well as their respective agents and representatives and Ric-Man Construction Florida, Inc. (the "Contractor"), an irrevocable license to enter the property located at Folio: , legally described in Exhibit A (the "Property"), to construct permanent improvements as shown in the attached Exhibit B and reasonably inferable therefrom and/or ancillary thereto and as otherwise set forth herein, and for routine inspections, maintenance and repairs of the improvements constituting the Work, all as set forth in greater detail below. The Work is being performed by the"Contractor as a part of the City's West Avenue Phase 2 Neighborhood Improvement Project(the "Project"). The principal objectives of the Project are • to elevate paved roadways within the West Avenue neighborhood to a minimum crown-of-road elevation of 3.7' North American Vertical Datum (NAVD), where possible, to mitigate against current and future flood risk(the"Roadway Elevation Work") • harmonization of the elevated roadways to the adjacent properties, including the Property (the "Harmonization Work"); and • installation of stormwater drains to be connected to the City's stormwater collection system (including any replacements of such stormwater drains in the future by the City, the "Drainage Work," and together with the Harmonization Work,the"Work"); and • replacement of the existing water distribution/transmission systems and gravity sanitary sewers (the "Water/Sewer Infrastructure Work"). The Roadway Elevation Work will be conducted without the need to access the Property. A separate agreement related to the Water/Sewer Infrastructure Work will be entered into between Owner and the City if the Water/Sewer Infrastructure Work will require access to the Property. Owner acknowledges and agrees that (a) the City, in reliance on the license granted herein, will be expending substantial sums to construct the Work and (b) Owner and the Property will derive substantial benefit from the Project,including the Work to be performed on the Property. Accordingly,the license and rights granted to the City and other authorities having jurisdiction shall be irrevocable during the Term hereof(as defined below). Survey of the Property Owner hereby grants permission to the City, the Contractor and their employees, agents and representatives to prepare for any of the Work or work ancillary thereto to enter the Property and to photograph and videotape exterior areas of the Property in order to document existing conditions. Harmonization Work; Removal of Owner Encroachments The City, at its sole cost, will implement the necessary site grading and sod replacement within impacted areas resulting from the street improvements as set forth herein. The Harmonization Work at the Property as reflected in Exhibit B and/or supplemental sketches and renderings shall be subject to review and approval by Owner or Owner's authorized representative,prior to implementation,such approval not to be unreasonably withheld,delayed or conditioned. Subject to such approval, Owner consents to the construction of the Harmonization Work at the Property. Page 2 of 7 EXHIBIT A Encroachments on Right of Way Upon notice by the City to Owner in the form of Exhibit C, attached hereto, Owner shall be responsible for the removal of encroachments that impact the Work. If Owner does not timely remove encroachments, Owner acknowledges and agrees that the Contractor may remove the encroachments and, at the request of Owner and if appropriate(i.e.,if the encroachments consist of pavers or other reusable materials),store on the Property for future re-installation by others. Contractor shall grade and install sod only within areas of the Property requiring harmonization due to the Street Elevation Work (the "Harmonization Area"). When required to perform the Harmonization Work,the Contractor shall remove and,when feasible, relocate trees from the Harmonization Area to another suitable area within the Property, at no cost to Owner. Maintenance of the Harmonization Work Once the City completes the Harmonization Work and the Harmonization Area has been restored as depicted in Exhibit B, Owner shall be responsible for the maintenance of all Harmonization Work located on the Property, including the upkeep of graded areas, relocated trees and new sod/landscaping. Owner acknowledges and agrees neither the City nor the Contractor shall have any responsibility relating to any and all future maintenance and repair costs related to such portions of the Harmonization Work as are located on the Property. The City shall be responsible for the maintenance of such portions of the Harmonization Work as are located in the right of way and/or on City property. For purposes of clarification, the City shall be solely responsible for maintenance of all infrastructure within the scope of the Environmental Resource Permit which is the subject of the SFWMD Application referenced below(the"ERP"). Drainage Work The City,subject to the approval of all authorities having jurisdiction, may install one or more drains at the Property (collectively,the"Drain")that connect directly into the City's stormwater system(the"System"). The Drainage Work shall be coordinated with the City's Public Works Department engineering staff. For the avoidance of doubt,the City shall not provide a connection for groundwater. Owner hereby acknowledges that in order to perform the Drainage Work,the City must apply for a Class II permit from Miami-Dade County's Department of Regulatory and Economic Resources ("DRER"). Owner acknowledges that the Class II permit includes terms and conditions to comply with all applicable requirements of the Miami-Dade County Code, including the environmental protection ordinances contained in Chapter 24 of the Miami-Dade County Code,and the Owner attests that he/she has read the conditions applicable to the Class II permits. Upon Owner's written request, the City shall furnish or provide an electronic link to the Class II permit application and/or such ordinances. Owner further acknowledges that the City must also apply for an ERP from the South Florida Water Management District (the "District") by filing Form 62-330.060(1) - Application for Individual and Conceptual Approval Environmental Resource Permit and Authorization to Use State- Owned Submerged Lands, and Owner hereby consents to the City's submission of such application for such permit with respect to the Property, ERP permit application number 210803-7007 (the "SFWMD Application"). Upon Owner's written request, the City shall furnish or provide an electronic link to the SFWMD Application. Owner consents to the installation of the Drain at the Property. Owner shall not modify or add any connections to the System and no such modifications or additional connections shall be made to the System unless approved in writing by the City of Miami Beach,DRER and the District. If the Property is re-developed or substantially improved in the future, Owner will be required to retain stormwater runoff as required by applicable State, County, and/or City of Miami Beach laws, ordinances, regulations and/or policies. Accordingly, in such event, the Drain shall be eliminated and properly abandoned in close coordination with the City's Public Works Department. Based on existing legal requirements, it is not anticipated that Owner will be required to obtain a permit to disconnect from City's Class II master permit, but the disconnection must be tracked/filed in DRER's Class II files. Inspections, Maintenance and Repairs of Drainage Work The City, its contractors and their respective agents and representatives shall perform such routine inspections, maintenance, and repairs of the Drain and the System, including the drain and drainage connection located on Owner's Property as well as any other structure that is within the scope of the ERP, as may be reasonably required. For the avoidance of doubt, the Owner shall be responsible for maintaining the drain (i) clean and free of leaves, trash or other debris that may prevent proper drainage and (ii) clear of any substances that are harmful to the environment, including by way of example, flammable solvents, oils, corrosive materials or substances, heavy metals, drugs/pharmaceuticals and any other toxic chemicals. Page 3 of EXHIBIT A Without limiting the generality of the license granted in the first paragraph of this Harmonization Agreement and Irrevocable License and Authorization(this"Agreement"),Owner hereby(x)grants an irrevocable license,evidenced by Owner's signature below, for staff of the District to access, inspect, and sample the lands and waters of the property as necessary for the review of the Drainage Work and other activities specified in the SFWMD Application; (y) authorizes these agents or personnel to enter the Property as many times as may be necessary to make such review, inspection, and/or sampling and (z) agrees to provide entry to the Property for such agents or personnel to monitor and inspect Drainage Work permitted by the District pursuant to the SFWMD Permit. Cost of the Work The City and Contractor hereby acknowledge and agree,as applicable,that all fees,costs and expenses associated with the design, permitting, construction and installation of the Work shall be paid in full by the City. Performance of the Work The design and construction of all Work shall be performed and completed (i) in a good and workmanlike manner, (ii) free from liens and defects, and (iii) in full compliance with all laws, rules, regulations, ordinances, codes and other requirements of governmental and quasi-governmental authorities having jurisdiction. Indemnification Solely to the extent and limits permitted by Section 768.28 of the Florida Statutes, and without waiving any rights or defenses thereunder, the City shall indemnify, defend and hold harmless the Owner from and against any and all claims, suits, actions, damages or causes of actions for property damage or bodily injury(collectively, "Claims") incurred by Owner to the extent arising out of the negligence or willful misconduct of the City, its employees,agents and contractors in the performance of the Work. The City's obligation to indemnify, defend and hold the Owner harmless as set forth above shall not apply to the extent any such Claims arise from the negligence or willful misconduct(a) of the Contractor or any person employed or utilized by the Contractor in the performance of the Work or(b) of Owner or any successor, assign and/or grantee of Owner. The Contractor shall indemnify, defend and hold harmless the Owner from and against any and all Claims incurred by Owner to the extent arising out of the negligence or willful misconduct of the Contractor or any person employed or utilized by the Contractor in the performance of the Work. The Contractor's obligation to indemnify, defend and hold the Owner harmless as set forth above shall not apply to the extent any such Claims arise from the negligence or willful misconduct(x) of the City or its employees or agents or(y)of Owner or any successor, assign and/or grantee of Owner. Miscellaneous • The City shall cause this Agreement to be recorded in the Public Records of Miami-Dade County, Florida, • This Agreement may not be amended, modified or terminated except by a written instrument executed by the Owner,the City through its Public Works Director(or his or her designee or the successor administrative officer with jurisdiction over the matter)and recorded in the Public Records of Miami-Dade County, Florida. This Agreement shall inure to the benefit of and shall be binding upon the parties and their respective successors and assigns. Owner acknowledges that DRER and the District are express third-party beneficiaries of this Agreement. • The parties hereby acknowledge and agree that each has had an opportunity to be represented by or consult with independent legal counsel and that any rule of construction which provides that ambiguities are to be construed against the drafter shall not apply in the interpretation or construction of this Agreement. Any and all headers or section titles in this Agreement are for convenience of reference only and do not modify, define or limit the provisions thereof. In the event any term or provision of this Agreement be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or construed as deletedas such authority determines, and the remainder of this Agreement shall remain in full force and effect. • The provisions of this Agreement shall become effective and shall be binding upon Owner and Owner's successors and assigns, heirs, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them, upon its recordation in the Public Records of Miami-Dade County, Florida, and shall continue until such time as the Drainage Work is permanently removed and an ERP is no longer necessary(the"Term").This Agreement shall be recorded in the Public Records of Miami-Dade County, Florida,at the cost of City.This Agreement and the rights,and interests herein created and granted shall run with the land and be binding on all persons holding title to said lands. • This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The City and Owner agree Page 4 of 7 EXHIBIT A that any dispute, claim or controversy between them relating to or arising under this Agreement("Dispute") will first be submitted, by written notice, to a designated representative of both City and Owner who will meet at City's place of business or other mutually agreeable location, or by teleconference or videoconference, and confer in an effort to resolve such dispute. Any decision of the representatives will be final and binding on the parties. In the event the representatives are unable to resolve any dispute within ten (10) business days after submission to them, either Party may refer the dispute to mediation. The exclusive venue for any Dispute not resolved by mediation shall be Miami-Dade County, Florida. IN THE INTEREST OF OBTAINING A SPEEDIER AND LESS COSTLY HEARING OF ANY DISPUTE, , THE OWNER AND THE CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAYHAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT AND, ACCORDINGLY,THE PARTIES AGREE THAT ANY TRIAL RELATING TO THIS AGREEMENT WILL BE A BENCH TRIAL. Owner's signature below is a representation that Owner, individually or as agent, possesses a sufficient real property interest in or control, as defined in Section 4.2.3(d)of the Environmental Resource Permit Applicant's Handbook Volume I, over the Property upon which the Work activities described in this application are proposed and I have legal authority to grant permission to access those lands. Upon Owner's written request, the City shall furnish or provide an electronic link to Section 4.2.3(d)of the Environmental Resource Permit Applicant's Handbook Volume I. PROPERTY NAME/ADDRESS TELEPHONE PRINT NAME. TITLE SIGNATURE DATE RETURN INSTRUCTION PLEASE COMPLETE AND RETURN ORIGINAL SIGNED FORM TO RIC-MAN CONSTRUCTION FLORIDA, INC. City of Miami Beach Ric-Man Construction Florida, Inc. By: By: Name: Name: Title: Title: EXHIBIT A Exhibit A Legal Description of the Property EXHIBIT A Exhibit B Harmonization Work EXHIBIT A Exhibit C Notice of Intent to Remove Encroachments EXHIBIT"B", PROJECT SEGMENTS 7 WEST AVE - PROPOSED CONSTRUCTION SEGMENTS - NORTH 091 EXHIBIT B :**. `',4 Cam'. -0° 4' m i , ,tr r;a S �,' ,a 'L/ SF 2 • '1 e. `r �'a. - • r ae.j {' - e" @ cs t tS • fg , -y" b? L 'Y t ea • *c - F• '+ t _ •'� a 1. ,� sir-' 6 01, � �"� .% ' • 6 - I•�. ac .; r•' Lf`1- [7 -s • {''4, r t 1^ "r aro( i G j •% .( t" t 4 i. w 'ti ¢ ^ a � 11 11 Jel ,,t z ep y -,l.. 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' ''t ,' 1 1''ttt . y,2{( + •'-L•i- I , .-tl -1r'''s 0 4 `..l{ j41 `'_ i ..'AfitI . f '; Ir. • ( '", r y d. b r ;,'1 t+, :�1 t iN i '�1"..�. ..y�ri."' t �=,t"'i t .y` �, s Z�t= ''jj� �" • '�' �tti",; �L i -tit ,, �,, a Y '44 ,3, i — pk� m v--s- , - b--,�a.--: t z 4. ,w• '1 , t-L ,.a •i ,, pS i v #� - tJ .i -J.a. s.' ice.•#y^ ,:.,, `i lw .__ r_Z--.,-----R' ! • , So' :x. - :•_ !Via-.. . k -a [#� g : ,., �� Il,l e,' ," . *,t,i ;, - fj H'! ,6 '. i ..- e- 4 s tF - f ;�' '{f _ i.•cµ ' t I` I t a t a iN.fl��J2 i, I� SEG 1-1671 WTS AND DISCHARGE CORRIDOR i i y S ''t. 1*i�f r' i'''' vx� i I' e6 , ID SEG 2-LINCOLN RD,LINCOLN CT,BAY RD,ALTON CT SAN 1 �;;I •I • Y • $ ''u:° ... S I '90 ri _ r_ 0 SEG 3-WEST AVE FROM LINCOLN RD TO 16TH ST&16TH ST :, "_—r o ^ >j ",? © SEG 4-LINCOLN TERR&BAY RD Y� i t 1 r`y ! C i:.' '•`' f, i. • -""_ ^■ • - -i 0 SEG 5-BAY RD FROM 16TH TO 15 ST AND 16TH ST t' ,e 10-+ ! 1 o 9 -w- • - r.,•'� I 0 SEG 6-WEST AVE FROM 16TN M TO 15TH ST&15TH TER ` c B' t K 3 I T. , , 1 ° 1)'it,-,,,,ik.;:-..f 0 SEG 7-15TH ST,BAY RD&FLAMINGO WAY Y ,t, .. ,„...1,. :, r ?f y*j, • t 2 r I • 0 SEG 8-BAY RD,14TH CT TO 14 TERR 7 `'' d' • % '4 r �--'' ,t, - kit I © SEG 9-WEST AVE FROM 15TH ST TO 14TH ST AND 14TH CT EXHIBIT"C" CHANGE ORDER NO. 7 TO NORTH AGREEMENT 8 EXHIBIT C MIAMIr WEST AVENUE- PHASE II PROJECT NAME: IMPROVEMENTS- MASTER A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida, Inc. RPR/CEI: Chen Moore and Associates, Inc. CHANGE ORDER NO. 7 DATE: 10/06/2022 You are hereby directed to make the following changes to the Contract Documents: DESCRIPTION OF This Change Order, pursuant to Amendment No. 1 to the Agreement, and as resolved and authorized by the City CHANGE: Commission on October 26, 2022, shall serve as the negotiated agreeement to compensate the Design/Build Team(DBT)for the following requested items: 1) RCO 11,Additional Design and Enginering Services 2) RCO 12, Cost Escalation of Commodities and Labor 3) RCO 13, Extended pre-construction services 4) RCO 14, Escalation of General Conditions 5) RCO 15,Addition of Micro Pump Stations 6) RCO 16, Expanded Harmonization Scope o rivate Prop= S 7) RCO 17, Handrail Upgrades 8) RCO 18, Concrete Underslab at Roadway 9) RCO 19, Excusable, Non-comp- =(F• ac r e Extension 0 10) 10/o Owners Conting " REASON FOR 1) RCO 11, $ 803,0 -.39 111 CHANGE: 2) RCO 12, $8,540, e,,,69 3) RCO 13, $ 545,00\u 4) RCO 14, • '5. 'i 5) RCO 140 313,;° .•8 6) RCO $2,113,29' • 7) RCO 204,4305 8) RCO 18, 7,204.0 9) RCO 19, $ T.00 10) 10%Owner's • tingency$1,272,629.09 CLASSIFICATION: IF OTHER: Additional Scope of work and extension of contract time. ATTACHMENTS: See Attachments CHANGE IN CONTRACT SUM CHANGE IN CONTRACT TIME Original Contract Sum: $29,669,344.00 Original Contract Time to Substantial 730 DAYS Completion: Net change by previously $40,019,331.67 Net change from previous Change 1991 DAYS authorized Change Orders: Orders: Contract Sum prior to this Contract Time to Substantial Change Order: $69,688,675.67 Completion prior to this Change 2721 DAYS Order is: Contract Sum will be Contract Time will be increased/decreased by this $13,998,920.01 increased/decreased by the 521 DAYS Change Order in the amount of: following calendar days: New Contract Sum including this $83,687,595.68 New Contract Time to Substantial 3242 DAYS Change Order is: Completion is: II NO ADJUSTMENTS IS MADE,THE CONTRACT AMOUNT REMAINS UNCHANGED. EXHIBIT C ADJUSTMENTS TO TIME FOR PERFORMANCE:In connection with the change(s)noted in this document,CONTRACTOR'S TIME FOR PERFORMANCE REMAINS UNCHANGED unless specifically noted herein. This Change Order is an amendment to the Agreement between the Contractor and City. The amount and time change designated herein are the maximum agreed to by both the City and Contractor for this Change Order. Contractor attests that the Contract adjustment provided herein is reasonable,and constitutes compensation in fidl for all costs,claims,markup,and expenses,direct or indirect,attributable to this or any other prior Change Orders,including but not limited to compensation in full for any delays,acceleration,or loss of efficiency encountered by Contractor in the performance of the Work through the date of this Change Order,and for the performance of this and any prior Change Orders by or before the date of Substantial Completion. In consideration of the compensation and time,if any,in this Change Order,the Contractor hereby releases the City from all Claims,demands,or causes of action arising out of the transactions,events and occurrences giving rise to this Change Order. This written Change Order is the entire agreement between the City and Contractor with respect to this Change Order. No other agreements or modifications shall apply to this contract amendment unless expressly provided herein. EXCEPT AS EXPRESSLY MODIFIED HEREIN,THE TERMS AND CONDITIONS OF THE CONTRACT DOCUMENTS REMAIN UNCHANGED. Approved by RPR/CEI: Approved by CIP Capital Project Coordinator: Approved by CIP Division Director: Chen Moore and Associates,Inc. Date N/A Date David A.Gomez Date Approved by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved by CIP Director: CES Consultants,Inc. Date N/A Date David Martinez,P.E Date Approved by Contractor: Approved by City Manager: Other: Ric-Man Construction Florida Date Alina Hudak Date Date EXHIBIT C WEST AVENUE-PHASE II tr F• EAc PROJECT NAME: IMPROVEMENTS-MASTER PROJECT ( ,� i A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 11 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Request for Additional Engineering and Design Services Ric-Man's design consultant,CES Consultants, has submitted multiple requests for additional compensation for work they consider to be beyond the original scope of work.City staff and the City's Construction Engineering and Inspection consultant(CEI)have reviewed the requests and determined that a portion of the request was fair and reasonable. The items requiring additional design and engineering are a deviation from the requirements of the DCP,or omissions from the RFP documents.After review analysis and evaluation,in the interest of moving the project forward and following a Mediation meeting held on August 31,2022,the City of Miami Beach entered into negotiations with the DBT and reached consensus on these items. r•e additional design efforts are itemized below and in the•proposal from the Ric-Man(Exhibit A). 1. Inverted Crown at Lincoln Court:This request for change order asks f•t'-ddi i• .I compensation for re-design of Lincoln Court to incorporate an inverted crown.As your proposal states,this cha 0o.is neces due to the elevation of the parking garage entrance at 1441 Lincoln Court and the determination from your oo sultant that a ' d crown may cause a negative impact on stormwater flows at the Sunshine Condo. 2. Lighting and Signals:This request for change order asks for the kri,Ives to lighting and signals due to roadway modifications at the intersection of 10th Street and West Avenue as salt of ch:r ies to the sidewalks between 8th Street and 10th Street, in order to accommodate the request from adjacent prI t op.-rty(6 a nick). 3. Baywalk Re-design:This request for change or.-r seeka,-•:6'•nal 0 pensation for design efforts associated with the baywalk portion of the project, located behi J11.,. inco n['cad. The request,as proffered by the Design/Builder and understood by the City, is associated wit., e pre-qw isting 4 elopment agreement between the City of Miami Beach and the 1450 Lincoln Road property,which wa—n it disci L..,,-- _he ' e of contract execution. Per the request, in order to meet the terms of that development agreement a = 1I th- - alk was required. 4. Transportation Changes:The s--'gn o is x age(DCP),Section 1.03 of the DCP includes that"the[Design/Builder]shall be responsible for the design, permitting,valstr of .n management and construction of the[project]". More specifically, Section 15.H clearly indicate at the desiip builder will be required to obtain necessary permits from Miami-Dade Traffic Engineering Division,among o e . In re 'rinse to a submittal to Miami-Dade Traffic,comments were received requiring the addition of accessible pedestrian '•'als,r. well as other modifications to the traffic plans. As proferred by Ric-Man,these requests from the regulatory agenci x not a code requirement,nor the DCP.As such, additional compensation is • warranted. 5. 1671 Parking Lot Design:This request for change order asks for additional compensation for revising and upgrading the parking lot as recommended by the DRB as a consequence of the relocation of the Pump Station from Lincoln Road to the new location, 1671 Parking Lot. On January 2021,CD#2 was approved including 50%design cost to relocate the storm water treatment system to 1671 West Ave(P24)in the amount of$137,500.00. On September,2021 CO#6 was approved for the additional work required to move the pump station into the parking lot, including the necessary revisions of the base plans for lighting and signing and marking as specified in the proposal from Civil Works, Inc dated 5/03/2021.The proposals, as proferred by Ric-Man,only envisioned the miling and resurfacing of the exiting parking lot,and not the wholesale redevelopment as recommended by the DRB. 6. Design Review Board Presentation:This request for change order asks for additional compensation to the DBF to produce a presentation and upgraded renderings directed by DRB as a result of the January 4,2022, hearing.The proposal includes renderings of private and public property, address comments provided by DRB, preparation of responses to questions provided during DRB hearing and presentation. 7. Phase I Private Property Evaluation:This request for change order asks for additional compensation to perform an analysis of the private properties within the phase I area(West Avenue from 6th Street to 8th Street, 10th Street from Alton Road to the Bay, 14th Street from Alton Road to the bay,West Avenue from Lincoln Road to 17th Street and 17th Street from Collins Canal to Alton Road)to verify the vulnerability to flooding under the existing conditions. EXHIBIT C 8. Private Property Tree and Palm Relocation: This request for change order asks for additional compensation to perform field inspections to develop a method and protocol for preserving trees and palms(6"DHB)on private property. 9. Parking Preservation Study: This request for change order asks for additional compensation to the Design/Builder to perform a parking study to analyze the current available parking and the proposed parking layout,as a result of parking loss concerns raised by the residents and City Commission. 10. Expanded Harmonization Cost Evaluation:This request for change order seeks additional compensation to perform a detailed analysis of all items that will be removed due to harmonization and encroachments and quantify this value to better understand the possible monetary impacts to the individual property owners, under the City's current harmonization policies. 11. Updated Harmonization Renderings: This request seeks additional compensation to prepare advance#D harmonization renderings for each private property in order to help residents visualize the harmonization efforts. The package will include two(2)images of the proposed harmonization between each property and the right-of-way and a webview link of the property harmonization 3D model upon property owner request. 12. Relocate Pump Station to Lincoln Road Median: This request seeks additional compensation for relocation/design of the median concept for the pump station control platform,generator, and FPL vault because of political pressure by residents to move the component off the Lincoln Rd. Street end.The concept was initially supported by the city and residents but later replaced by the commissions decisions to move the entire pump station to the 1671 parking lot. 4, Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overhead fit,and bonds,a d time proposal for changes in the contract time for the following proposed modification(s)to the contract as a cnbed,below: The Design-Build Team shall provide the additional design and engine sc required to complete the tasks outlined above. Contractor's Proposal: Please submit the costs for this work which will be included in a cha�er i cordance with Article 38 of the General Conditions.Attach file if more space is needed. Subsequent to extensive negotiations and Mediati. he C ty and 21.Man reached a settelment agreement which includes the following values for the requested additional se -s: 1. Inverted Crown at Lincoln Court:$..., 9.61 2. Lighting and Signals:$5,000 3. Baywalk Re-design:$27,297f 4. Transportation Changes:$. .5.25 5. 1671 Parking Lot Design:$12" .63 6. Design Review Board Presentat• : 69,e 0 0.00 7. Phase I Private Property Evaluation?l i • 44.83 8. Private Property Tree and Palm Reloc- ion: $60,000.00 9. Parking Preservation Study: $34,634.07 10. Expanded Harmonization Cost Evaluation: $153,623.64 11. Updated Harmonization Renderings: $63,393.51 12. Relocate Pump Station to Lincoln Road Median: $158,796.83 Total Value:$803,022.39 Amount: $803,022.39 This is not an authorization to proceed with work involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. EXHIBIT C Recommended by RPR/CEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: ,Approved Division Director: CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: EXHIBIT C WEST AVENUE-PHASE II I a PROJECT NAME: IMPROVEMENTS-MASTER PROJECT ` Y /J�` NE CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 12 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Cost Escalation of Commodities and Labor Ric-Man has requested additional compensation as a result of increases in construction costs, beyond that which could have been anticipated or previously included in the contract. Ric-Man has provided documentation and based the request on information from the U.S. Bureau of Labor Statistic's Producer Price Index,for the period from June 2021 through June 2022(Exhibit A).The City's CEI and City staff have reviewed and analyzed the information provided and find the substantiating documentation reasonable and in line with current market conditions. It is important to note that although the City's contract with Ric-Man does not provide for cost escalation consideration,it has been contemplated and negotiated in light of the extraordinary m t conditions and fluctuations. This request equates to an approximate 14.4%escalation in construction costs. Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overhea , o t,and bonds;and time proposal for changes in the contract time for the following proposed modification(s)to the co .-ct as desc d below: This request does not include added scope, but shall serve to 'sj Ric'3149 for the unprecedented volatility in current market conditions. Contractor's Proposal: Please submit the costs for this work which will be i •„iji a hang order in accordance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have revie, -e a-. alyz a information provided and find the substantiating documentation reasonable and in line with current m k,-t conditio"b Ex ipj B). Total Value:$8,540,238.69 Amount: $8,540,238.09 This is not an authorization to proceed with work involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. Recommended by RPR/CEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: •Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved Division Director: EXHIBIT C CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: EXHIBIT C WEST AVENUE-PHASE II IBEACH PROJECT NAME: IMPROVEMENTS-MASTER PROJECT Al V ! A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 13 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Extended Pre-Construction Services Ric-Man has requested additional compensation for costs incurred associated with consultant costs, and direct and indirect costs for the field office and corporate office(Attachment A). The request shall compensate Ric-Man for the delay in the ability to commence construction from October 2021 through the anticipated commencement of construction in March,2023. Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overhead,prof d on s;and time proposal for changes in the contract time for the following proposed modification(s)to the contract as describ below: This request does not include added scope, but shall serve to compensat 'c-Man for the o s incurred during the extended pre- construction services. Contractor's Proposal: Please submit the costs for this work which will be included in a ch :e o = (fn• c rdance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have reviewed and anal-e e infor1 ''ion provided and find the substantiating documentation reasonable and in line with current market conditioj xhibit B). Total Value:$545,000 Amount: $545,000 c3N This is not an authorization to proceed with work involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. Recommended by RPR/CEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved Division Director: CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: EXHIBIT C WEST AVENUE-PHASE II PROJECT NAME: IMPROVEMENTS-MASTER PROJECT MI AmI EAR A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 14 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Escalation of General Conditions Ric-Man is projecting an escalation in costs associated with project general conditions,for the 17 month(521 day)delay in obtaining harmonization and license agreements,and the abilityto commence construction. As a result of continued delays in the commencement of construction activities, Ric-Man has determined that the delays have resulted in added general conditions expenses through the expected and ordinary cost escalations in those activities,including increases in wages,fuel costs and office overhead. The proposal includes a 0.5%increase in costs,per month,for indirect project costs fo e time period from January 2025 through June 2026. Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overhea rofit,and bonds, time proposal for changes in the contract time for the following proposed modification(s)to the contract as e cribed,,b low: This request does not include added scope,but shall serve to compen t Ri n for the projected cost increases resulting from delays in the commencement of construction activities. Contractor's Proposal: Please submit the costs for this work which will be incl.,i) R]i Z chan order in accordance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have reviewed and nalyzed iJi 'w•rm n provided and find the substantiating documentation reasonable and in line with current market conditi•a 6 '• =`. Total Value: $ 159,205.76 4011114116., Amount: SO $159,205.76 This is not an authorization to proceed with work involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. Recommended by RPR/CEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved Division Director: CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: EXHIBIT C WEST AVENUE-PHASE II i A I q E PROJECT NAME: IMPROVEMENTS-MASTER PROJECT �1•� d Y A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 15 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Addition of Micro-Pump Stations The City requested that the design-builder perform a stormwater model analysis of the West Avenue Basin considering the stormwater influence outside of our project area, in particular from the area east of Alton Road(Flamingo Neighborhood). Based on the analysis, the design-build team recommended that the project include additional drainage measures, in the form of micro-pump stations, at 15 properties throughout the corridor, until the Flamingo Neighborhood Improvement Project is implemented in the future. It is important to note that this is an existing condition,and while the West Avenue Phase II Improvement Project is reducing the risk of flooding to these properties, it will not meet the intended protection at these specific locations until the completion of the Flamingo Neighborhood Improvement Project. Of these(15)properties recommended,only(3), lie within the limits of the West Ave Phase II North of 14th Street project limits and will be installed at this time. Those properties include 1315 14th Street, 1220 16th re t and 1209. Lincoln Road. The remaining(12) locations will be addressed by the West Avenue Phase II South of 14 Street Pro . Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overh prof' nd bonds;and time proposal for changes in the contract time for the following proposed modification(s)to the contract as below: Design,engineering and construction of(3)micro-pump stations,inclusive Z I labor,material,equipment and supervision. Contractor's Proposal: Please submit the costs for this work which will be Intl 1 lttu cha e c rder in accordance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have reviewed and.-u->:'(yzed .;n"I inform-Lion provided and find the substantiating documentation. reasonable and in line with current market condifan (E '91 Total Value:$313,893.98 Amount: $313,893.98 (43 This is not an authorization to proceed with work involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. • Recommended by RPR/CEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved Division Director: CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: EXHIBIT C WEST AVENUE-PHASE II I Y 'p A I A l# �► PROJECT NAME: IMPROVEMENTS-MASTER PROJECT ' A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 16 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Expanded Harmonization Scope on Private Properties One of the principal impediments,and primary resident concerns,to obtaining executed harmonization and licensing agreements was the potential costs to property owners associated with the completion of the property harmonization. This cost request relates to the City's long-standing policy whereby private property owners are responsible for some of the costs of harmonization and restoration associated with neighborhood improvement projects. The design criteria package for this project outlined and established that long- standing policy and defined the limits of the work to be performed by the contractor under the harmonization scope. In the interest of addressing the concerns of the residents, and the requests of certain Commissioners to se-evaluate that policy,the Administration has directed Ric-man to include that harmonization scope beyond the original scope,whi.,,nlrould have otherwise resulted in a cost to the residents.This approach resolves the concerns of the residents and the Commissi.-nd provides a method by which the project can be completed without monetary impact to the residents. Ric-Man provided a proposal to include the expanded harmonization scopAr hibit A). Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive f e d,pro"7tnd bonds;and time proposal for changes in the contract time for the following proposed modification(s)to the con ct a e 'be. elow: Design, engineering and construction of the expanded harmoniz i n oring the right-of-way and private properties,to the greatest extend possible,to pre-construction conditio,,in I sive labor, material, equipment and supervision. Contractor's Proposal: Please submit the costs for this work w: `will be i c de.fbr change order in accordance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have revi- ,-• and ana y ed the information provided and find the substantiating documentation reasonable and in line with current marke • ditiosa Exhibit B). Total Value: $2,113,298.90 Amount: $2,113,298.90 This is not an authorization to proceed with work involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract Recommended by RPR/CEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved Division Director: EXHIBIT C CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: EXHIBIT C WEST AVENUE-PHASE II PROJECT NAME: IMPROVEMENTS-MASTER PROJECT `> ' _ A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 17 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Handrail Upgrades On April 5,2022,the project was presented to the City's Design Review Board(DRB). As a condition of the approval order,the DRB recommended modifying the design of the typical metal railings used throughout the project. The design criteria package specifies the use of a standard FDOT railing design. As a result of the recommendation, Ric-man will incur an added cost for the DRB specified and required railings. Ric-Man provided a proposal to include the DRB required railing design(Exhibit A). Ago Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overhead, •r9fit,and bon • d time proposal for changes in the contract time for the following proposed modification(s)to the contract as ribed below: Design,engineering and construction of the upgraded railing design,a-1requiregV DRB, inclusive of all labor, material,equipment and supervision. Contractor's Proposal: Please submit the costs for this work which will be incl -d tlij, cha 'order in accordance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have reviewed and i-iyzed ,xr inform-t4•n provided and find the substantiating documentation reasonable and in line with current market condit' ,(E o r Total Value:$224,430.60 Amount: $224,430.60 This is not an authorization to proceed with work involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. Recommended by RPR/CEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: _Approved by Sr.Capital Project Coordinator: Approved Division Director: CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: EXHIBIT C WEST AVENUE-PHASE II PROJECT NAME: IMPROVEMENTS-MASTER PROJECT A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 18 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Concrete Underslab at Roadway Ends Certain roadway ends within the West Avenue Phase II Improvements, North of 14 Street project called for the inclusion of a concrete paver roadway surface. In an effort to extend the longevity of the roadway service and thereby extend the service life of the road, City staff requested that Ric-Man include a concrete underslab in the assembly details at Lincoln Court, Bay Road north of Lincoln Road, Lincoln Road from Lincoln Court to the bay and the intersection of Lincoln Road and Bay Road. Ric-Man provided a proposal to include the concrete underslab at the specified roadwyections(Exhibit A). Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overhead, r fit,and bon * d time proposal for changes in the contract time for the following proposed modification(s)to the contract as ribed elow: Design, engineering and construction of the concrete underslab forth i clusi all labor, material,equipment and supervision. Contractor's Proposal: Please submit the costs for this work which will be included in a ch- .,P•r� cordance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have reviewed and an- edh inforrr lion provided and find the substantiating documentation reasonable and in line with current market condi'0 ' (Exhiq$'B). Total Value: $47,200.00 Amount: $47,200.00 )N This is not an authorization to proceed with wo involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. Recommended by RPR/CEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved Division Director: CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: Date: Date: Date: EXHIBIT C WEST AVENUE-PHASE II CI— PROJECT NAME: IMPROVEMENTS-MASTER PROJECT AA f AM f E/�� A/E CONSULTANT: CES Consultants. Inc. CONTRACTOR: Ric-Man Construction Florida Inc. RPR/CEI: Chen Moore and Associates, Inc. Request For Change Order No. 19 DATE CREATED: 07.07.2021 04:56PM DUE DATE: 07.09.2021 Reason for RCO: Non-Compensable Time Extension Due to the inability to obtain executed harmonization agreements and other challenges precluding the intended start of construction, Ric-Man has identified a 17-month delay to the project. This change order will therefore extend the contractual substantial completion date by 17 months(521 days),for an anticipated substantial completion date of June 16,2026. The extension is for excusable, non- compensable contract time, and shall not receive any additional compensation beyond that previously approved. Ric-Man provided a request for extended contract duration(Exhibit A). Additional Scope: Please submit a proposal itemizing labor/material cost,inclusive of overhead, r fit,and bond • d time proposal for changes in the contract time for the following proposed modification(s)to the contract as s ribed below: Excusable, non-compensable contract duration of 521 days.. Contractor's Proposal: Please submit the costs for this work which will be included in a ch •r .ccordance with Article 38 of the General Conditions.Attach file if more space is needed. The City's CEI and City staff have reviewed and an ed fh- infor ion provided and find the substantiating documentation reasonable and in line with current market condi' (Exhif>B). Total Value:$0.00 Amount: $0.00 This is not an authorization to proceed with wo involving additional costs and/or time. Notification must be given in accordance with the contract documents if any response causes any changes to the contract. Recommended by RPR/CEI: Recommended by CIP Capital Project Approved by Contractor: Coordinator: Chen Moore and Associates, Inc. N/A Ric-Man Construction Florida Inc. Signed Signed Signed: Date: Date: Date: Recommended by Engineer of Record: ,Approved by Sr.Capital Project Coordinator: Approved Division Director: CES Consultants, Inc. N/A David A. Gomez Signed: Signed: Signed: • Date: Date: Date: EXHIBIT C - r.`k ' .I � 3100 SW 15th Street milk FI inc. Deerfield Beach, Florida 33442 �E`BEACH,�ra'r Office:(954)426-1221 Fax:(954)426-1226 City of Miami Beach October 24,2022 1700 Convention Center Drive Sent Via Email&US Mail Miami Beach,FL 33139 Re: West Ave 091 -North Subj: Re-Start Proposals Attn: Mr.David Gomez Dear Mr.Gomez, Ric-Man Construction Florida,Inc(RMCF)provides a final su a e ry below of agreements made with city staff for the Re-start and/or termination of the prkp ter approval by the Commission on October 26,2022 and now a part of proposed CO#7.Thi_fnter o o'ties RMCF's proposal letter with attachments dated September 16,2022. 1. CES Settlement Offer $803,022.39 The amount listed under this item incudes Ite n 5• Inverted Crown,item 2-Lighting and Signals,item 3 Bay walk re-design r t wets.erformed.(future design costs of $63,693.03 not included),Item 4-tra •a o ,I ti o n t, anges(items 1-8).Item 5-West Ave parking lot,item 6-DRB pres n1!at'on,11js" -phase 1 property evaluation,item 8-tree and palm relocation on privat ope (+- .:9 ,000 to be discussed at a future date),item 9- parking preservation st (No t h),Item 10-harmonization study(North and South),item 11-update h ization renderings(North and South), Item# 12-relocate pump station to ►-c'. 2. Escalation propo . $8,540,238.69 RMCF re-submitted i"it;X* ation costs on 9/9/2022 as a result of the CMA review conducted in our meeti g on 9/7/2022.Preparation costs for escalation in the amount of $428,361.67 are included in this item and is billable pursuant to percent complete for each item,but not before 3/15/2023. 3. Preparation Costs for Escalation Effort and Re-Start $0 This item is included under item 2 above. 4. Off-Ramp Charges Through March 15,2023 $545,000 (Re-Start/Then Off Ramp) $2,108,299.50(Termination) R 1 C - M A N CONSTRUCTION , FLORIDA , I N C . \ u 1 y .. ., o p p o r : u n 1 i + I m P 1 0 .: 1 EXHIBIT C itiC41144y 3100 SW 15th Street CONFL,IMC. Deerfield Beach, Florida 33442 REFRpELDB woo Office:(954)426-1221 Fax:(954)426-1226 Expenses include Field General Conditions, Miami Beach,and Deerfield Beach offices to be expended from re-start of October 27, 2022 through the Off-Ramp mutually agreeable date of March 15,2023.These costs are in addition to the termination proposal costs now settled at$2,108,299.50. 5. Escalation of GC's for the Extended Performance Period between 1/11/2025 through 6/16/2026- $159,205.76 The attached revised CPM indicates a 17-month delay to the CO#6 approved schedule.The new Substantial Completion date is June 16,2026.RMCF included key milestone activities which drives the critical path including the following activities: MS-17 Restart Order-10/27/2022 MS-18 Execution of Change Order- 12/1/2022 MS-27 Off Ramp Deadline-3/15/2023 NTP-2 Construction Start-3/30/2023 The premise of this revised CPM is rooted in 01 ii1'ion approval of these Change Orders by October 26, 2022 and RMCF's abili _ to obtai71 DO%of 091 Segments 1 and 2 North License Agreements(24 properties) le . .rch C,, 023,the Off Ramp Deadline.It is understood that RMCF will work concu ' o c cessing license agreements in segments 3-8. 6. Micro Pump Stations # 3 @ 091 $313,893.98 Only 3 properties re. .' .0 o o stations at 091, 1220 16th St,1209 Lincoln Rd and 1315 14th St. 7. Harmonization of ° 'pe rat s $2,113,299.50 RMCF submitted a pro'o to perform a survey of all properties which would require the removal/modification of encroachments(obstacles within the ROW)and obstructions in the private property harmonization zone which were not covered in the contract DCP.The proposal was submitted on March 25, 2022 and resulted in the issuance of RCD#6 for Phase 1-quantity identification.Phase 2 (Design) in the amount of$646,791.32 has been modified to account for Building Department requirements.RMCF will perform the design and installation for each property for a total of$16,256.15 per property. • CES will be paid based on%complete of each property at the rate of$6,726.16 per property.Price includes 33 Re-surveys due to anticipated property recent modifications,only.Added surveys will be charged out at$3,465 each via Change Order. • Restorations will be in-kind-no enhancements to existing features will be included. • Any added surveys will be within the harmonization zone only. R I C. - M A N CONSTRUCTION FLORIDA , I N C . \ n 1 q •i 1 11 p 1' r i i 11 n i i P n, p 1 • \ EXHIBIT C 3100 SW 15th Street CON$'P'jV mc. Deerfield Beach, Florida 33442 `ELD wow, Office:(954)426-1221 Fax:(954)426-1226 • Permits will be based on the discussion held on 9/12/2022 with the City Building Department Director-Anna Salgueiro. • Relocation of trees will be managed with the Urban Forester per RMCF's memo dated October 20,2022.(Attached) • RMCF will control the budgetary Resident construction account. Billing will be based on the average rate of$9,529.99 per property upon execution and performance of each License Agreement irrespective of final cost per property negotiated with each resident. • Resident refusal to execute the License Agreement will activate an "Ultimatum" clause after two(2)unsuccessful and documented visits resulting in a re-design through the non-conforming property.After a 30-.010y waiting period,RMCF will re-design the property and may include road ,r elevation and drainage changes to accommodate the non-conforming property,ip- event,any and all provable re- design and additional construction co , will be :..ed to the$16,256.15 rate per property adding in the value of a retai wall and bay ontract harmonization items(sod and earthwork)to form . i 1 ope 411.udget,the delta of which will be an extra to the contract. • RMCF will be granted accept.. ty �demur';, ions from the City against actions initiated by the non-signing R- s (9.b :ss ration,etc. • HML will continue in the: suppe a e as°0 for this effort. 8. Handrail Upgrades fro • I OT4 _ . .on $204,430.60 Based on the DRB revi-w VICO as upgraded the specified FDOT#862 handrail to a Giralt Aluminum Alloy 6 c o w- o;d construction system used on the Indian Creek project. 9. Conversion of Ro. a ay E •. Sand Bedding to Concrete at Pavers $47,200 RMCF will add unde -b c.1?? incoln Ct,Bay Road North of Lincoln Rd,Lincoln Rd from Lincoln Ct to the Bay an. Intersection of Lincoln Rd and Bay Road.All other street ends will omit the concrete under slab. 10.ROW Trees TBD RMCF completed its Design of all ROW segments.The initial submission application for Urban Forestry was never executed by the City.Our understanding is Urban Forestry is under new leadership and the intent of saving/preserving trees in lieu of removal and replace is not clear at this time.RMCF specifically reserves its right to an additional Change Order based on directives driven by Commission and/or Urban Forestry changes to the current design which will lead to additional cost.(See RMCF 10/11/2022 and 10/20/2022 Memos) 11.Private Property Tree Construction- $0 R I C - M A N CONSTRUCTION FLORIDA , INC . \ n I. q If s I U p p ,. r I u II I I I III p ! o EXHIBIT C tC4414 3100 SW 15th Street CON l&INC. Deerfield Beach,Florida 33442 DEERFIELDBct+�O?::l Office:(954)426-1221 Fax:(954)426-1226 See item 7 above.This item requires further discussion and direction. 12.Parking $0 Parking will be treated like an open space,RMCF will omit parking striping.Striping will be provided as needed. 13.APS The Audible push buttons at signalized intersection ($121,375)to be paid out of contingency if required by the city. Total CO Value upon Re-Start of Project $12,726,290.92 • Items 1,2,3,4A,5,6, 7,8,9,10,11, 12, 1 Total CO Value of Termination Opted on 3/1 23 $2,653,149.36 • Item 4 Please contact me with any questions. Sincere , 77 1 Michael It ischer; 0.a Ric-Man Construction Flor'(* " CC: Danny Mancini Tyson DiPetrillo David Martinez Eric Carpenter Rafael Vega Pilar Caurin Attachments: - 10/11/2022 Memo - 10/20/2022 Memo - CO#7 Spread Sheet ,R I C - M A N CONSTRUCTION, FLORIDA , I N C \ 11 I I i) h n i I I I w I y r i EXHIBIT C Michael Fischer From: Michael Fischer l Sent: Wednesday,October 12,2022 1:12 PM To: Gomez, David Cc: Martinez, David;Caurin, Pilar, Danny Mancini;Jose A.Caraballo, P.E.;Tyson DiPetrillo Subject: RE:West Avenue Phase II Improvements David See comments below in red. Mike Michael R. Fischer, COO. MAlk 11(<11C CONS F1,INC. CONST.A FL,1NC. 50FIF- EACK,�CRro� Afrou FICA RIC-MAN Construction Florida. Inc. )3100 SW 15th Street,Deerfield Beach,Fl 33442 Office:(954)426-1221 I Fax:(954)426-1226 Cell: (703) 732-7717 www.ric-manfl.com MFischerP Ric-manFL,com CI) From:Gomez, David<DavidGomez@miamibeachfl.gov> Sent:Tuesday,October 11,2022 3:07 PM To: Michael Fischer<mfischer@ric-manfl.corn> Cc:Martinez, David<DavidMartinez@miamibeachfl.gov>;Caurin, Pilar<pilarcaurin@miamibeachfl.gov> Subject:West Avenue Phase II Improvements Mike, Good morning. I am in need of some clarification,in order to complete the Commission Memo and begin preparation of the contract amendment. 1. It is our understanding that permit plans for the tree permit have been completed,and were discussed with Omar Leon holistically,incorporating his comments/requests. { a. Please provide the updated tree permit plans(I can only locate the tree permit application and plans for south segment 1,and it does not reflect relocations).Provided under separate cover via link to both North and South. 1 EXHIBIT C b. Please confirm that Urban Forestry comments,to the best of our understanding,have been addressed and included in the current landscape/tree plans.Correct-all comments received and addressed. RMCF formally submitted Segment 1 north only based on Omar's request. His plan was to review the plans one segment at a time. We never received his formal review. c. Please confirm Ric-Man has included,as part of the re-start proposal,the cost of tree relocations within the ROW as well as on private property.Tree removal and/or relocation based on trunk size on private property is included along with adding new where applicable.Tree relocation within the ROW is not included.Attempts were made to save trees(this is shown on the plans with a notation stating"Potential Transplant")that our arborist deemed as salvageable based on its condition. These are shown on the final plans submitted to you under separate cover. d. Please describe your intent regarding relocations(i.e.,within segment,across segments,at alternate city locations such as park).We have made no accommodation to relocate and replant trees in our current design within the ROW.We will replant trees based on trunk size within an individual property if it is healthy per our arborist. There was discussion of possibly dealing with ROW relocations,but this concept was never brought to fruition. However,the trees and palms which could be transplanted were identified on the final ROW plans. e. The re-start proposal indicates redesign of harmonization to preserve trees on private properties with 6"DBH or greater,and relocation of trees with 3" or smaller. What about DBH between 3"and 6"?Our intent was to relocate existing tree, o Rsh•rivate property which could be saved,and the resident wanted it to be saved, if the trunk dam' et-7G.as 3"or less. Larger trunk diameter trees which could not remain within the harmoniz-o a rea will b,Gt= oved and disposed of and replaced with new. f. Is there a distinction in items a-e above .rr oaI , ees?No 2. For the harmonization and license agreement scope: a. Should a property elect to forgo h. iutia 'zation,m at is your intent to ensure runoff is captured to prevent flooding of the property? •-N) o b. Please confirm that should a 'rope ' •, to • go harmonization,all minimum requirements for driveway slopes and tra ; ': ill st I,.pply. The property will remain as it is today. First option-CES will r- JG'M.^ it ay, sidewalk, lighting, landscaping,etc.to lower the roadway to exis :,, k.,2,ndifbos directly in front of the property. Second op.b r,-add a gr. I, wall and re-direct the drainage within the ROW to ensure flooding conditions wi''i t ensu- Gfom the newly raised roadway into the property.We would obviously need the indemn i .t'o ri anguage discussed under this approach as the property Owner would inevitably be force, I harmonize the property themselves to allow access(to possibly avoid city condemnation ) .This second option is our preferred approach due to the potential excessive cost to re-design the roadway and it compromises the benefit of the raised roadway(the primary intent of this contract) The first option may affect adjacent properties up to 300'in each direction.This approach would require adjusting drainage longitudinal slopes,water main elevations,etc., basically every element 1 within the affected ROW redesign area.The second option will be problematic from an access and runoff perspective if the property naturally drains toward the ROW. In that event, we'll have to install collection points at the edge of the ROW without entering the property.The property Owner will be required to harmonize the driveways and walkway access themselves, since we cannot enter their property without an agreement. If a property drains naturally away from the ROW, it will continue to experience the same flooding as it does now. c. Please further clarify your example of expanded harmonization scope costs. We understand your proposal includes an average per property cost of$17,381,and that in addition,you will be 2 EXHIBIT C carrying an unknown value for gravity walls at each property(in your example you use $10,000). Should costs exceed the budget(in your example$27,381),then there would be additional costs to the City. Is this correct?Correct d. Please confirm that the$10,000 used in your example is a variable number and has not yet been determined per property.The$10,000 is a variable number. During our meeting on October 5',we discussed how we would account for the base contract requirement to provide revised designs and construction in the event that a property elects not to accept the harmonization agreement. I am assuming that item 2.c.above is representative of that requirement. Please confirm that the$17,381 for expanded/augmented harmonization scope at a specific property will remain billable to the City,should a property elect to forgo the harmonization,and that a maximum of$X ($10,000 in your example) is being carried by Ric-Man for re- design and construction efforts required by base contract scope. Please note that there was no limit in the base contract for the cost of redesign and harmonization within the right of way.Confirmed, with the understanding that if the roadway is lowered (Option 1)and a wall is not installed(Option 2)and understanding that the design of the roadway and drainage is currently complete,the duplication of effort to re-design the roadway and drainage would be part of the net cost against the theoretical budget of$27,381 .We would expect consideration for that re-design. Please understand,the minimum 3.7 NAVD criteria set in the DCP for roadway elevations would have to be waived in certain cases depending on the circumstances of the non-compliant residence and.M`v: willingness of the city to alter the roadway to make them happy( aesthetics) in lieu of a wall. In the cases .,rain-conforming properties and depending on the nature of the re-design(Option 1 or 2),the construction cost may ir ul j net add to the$27,381 theoretical example. It should be recognized as written and initially contemplated i 7,a ' a criterion of a minimum crown elevation of 3.7 NAVD as the primary criteria (Addendum 4-Appendix C), th- 0 1: option would be a wall as stated within the DCP. Lowering the roadway, re-designing adjacent ROW was -+-.,a DCP ' irement. �_. 'Let me know if you have any questions. Thanks, MIMi\JQ QinkSUPPORT BREAS I CANCER AWAREN ►j David A. Gomez, LEED-AP Division Director OFFICE OF CAPITAL IMPROVEMENT PROJECTS 1700 Convention Center Drive,Miami Beach,FL 33139 Tel:305-673-7071 Ext.6732 Fax:305-673-7073 website:www.miamibeachfi.nov We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community. 3 EXHIBIT C Michael Fischer From: Michael Fischer Sent; Thursday, October 20,2022 5:12 PM To: Gomez, David;davidmartinez@miamibeachfl.gov; EricCarpenter@miamibeachfl.gov; Gomez,Joe Cc: Danny Mancini;Jose A.Caraballo, P.E. Subject: Private Property Trees and Harmonization Attachments: Sbizhub22102007470.pdf All Relative to private property trees only in the north. Our Arborist's survey shows 121 affected trees on private property impacted by harmonization requirements . Our count via S&S on the harmonization plans shows substantially more typically due to trees housed by residents in encroa. ment areas. I also include Addendum 6 for both 090/091 (Q10 and Q24) res•,,X' to the question of harmonization scope.We believe as stipulated in the meeting yesterday that, s : resp. q - is definitive relative to sod in pervious areas and Asphalt/Conc at driveways, only. It is i o ortant to poin' o t that under the Tree Preservation and Protection Ordinance issued on 2/8/20 �7a Par. 1 .58 Exemptions, Non-Specimen trees can be removed without a permit in single family residence zon'-lr_ o stricts with a DBH <6". The 2022 revision changed the exception to<3". sRMCF's position regardingprivate property t,•es is cl-T p P Yo dde dum 6 of the contract excludes all consideration for trees and for that matt- g y of er o`a7E:truction to the harmonization zone other than Sod as the replacement. That said,Trees on p mate p,o, - >q an 6" DBH which will not survive harmonization , at the Owners request, and as agreed to by ;t tan -o-ester will be relocated and/or protected in place with retaining mechanisms, raised si l , , tc.SPube cost of which will be added via change order to our base harmonization proposal on a -by-ca as''�. RMCF will address with the property Owners at our current pricing the handling of trees be en 3"a 6" DBH. We have agreed to work with the Ur orester for trees within the ROW to deal with potential removal, mitigation and replanting.There are 227 Potential tree relocations within the ROW according to the analyses performed by our sub-consultant,Savino Miller and Certified Arborist. RMCF will coordinate relocating a reasonable component of the 227 trees to other segments within the West Ave Project limits, only with the understanding that each relocated tree will replace a newly specified tree for the segment which receives the relocated tree. RMCF will conform to Sec.46-61 and 46-64 of the Ordinance in coordinating this effort. Segments 1 and 2 could be exempted from this approach since they are the first segments to be worked on unless there is a park location within a reasonable distance to relocate them to. We recommend holding this item for further discussion and not including it under CO#7. We do believe a reasonable budget would be$550,000 if we relocated all 227 trees in the manner described above. Drawings would be revised accordingly once formal approval is received by Urban Forester to reflect this change. Relative to Item 7- Property Harmonization CES/S&S costs . RMCF reduced its'fee by$ 60,000 yesterday and CES has offered a reduction of$81,000.The new total for item 7 is$2,118,500. 1 EXHIBIT C Mike ice'i Michael R. Fischer, COO. �+►�-�► ��-may COMET. Ft,INC. COM8T. &I,,INC. -"`FIELD BEAGH.floalOA MIgAI� FLpA1DA RIC-MAN Construction Florida.Inc. 3100 SW 15th Street,Deerfield Beach,Fl 33442 Office:(954)426-1221 I Fax:(954)426-1226 Cell: (703) 732-7717 www.ric-manfl.com MFischer0Ric-manFL.com 4041 C()11 I I I I I I I I I I I I I Pk4S 2 EXHIBIT C MlAMIBEACH WEST AVENUE NORTH-Change Order 7 Values ITEM - ITEM -_ - - RICMAN Negotiated COMMENTS Amount , PROPOSAL .10-21-22 - " -T CES Settlement - .$ ,955,589.64. $: '803,022.39 . "'"" - - 'CES Settlement#1-Inverted crown : • $ '46,25921' $ . -23,129.61.. "'" ' - . ' - ' . CES Settlement#2-Lighting$Signals - - _ $. .20,518.00 $. 5,000.00 r - __ -- - - • . CES Settlement#3'Bayrralk Redesign $ '-27,297,02 $-; ' 27.297.02 Future design cost requested($63,693.03)Validity TBD =- _ • - . - 67205.25 total for.nonh transportation approved Items: . • - 1.lane width-$36,950deisgn cost , , , _ . • - -• 2.Curb cut ramps$20630 design cost••. - _ - - - 3.RRFB-CMB request,not code;omitting from project co_st' • - V - •V - - 4.bike box 2,800 design cost ' • - . CES Settlement 4-Transportation changes _ - $ _41,126.00 ,$ - '..67,205.25 5.Operational analysis$0 project cost - . - 8.ARS-(maybe):$3625 design cost($131,375 construction cost) ' - • ." - 7.Spare conduit-Omitted ' ` - _ . - . 8.resolved _ • - . _ _ ._ ' . , 5%Mark-up added to design costs for: F mgmnt$3200.25 - ' ... Totai•request$67,205.25 • '"CES Settlement#5.1671 West Avenue Parking:Lot. .. $ - 121,197.63 $•` '_ 121,197.63 - .♦ - V V CES Settlement#6.ORB presentation :' $ ' 113.477.87 $ '.69,000.00 City offered 50%Agreed to$¢9(000 ' • •• - CES.SeWement#7-PhaseI property evaluation,. $ 19,744.83• $ - 19;744.83 _ ,.; - - - CES Settlement#8-Tree&Palm Relocation on Private Property $ •155,521.03 $ r 60,000.00 60k complete to;date.Fu'r.t:�,esi�l..sit requested($+/-95,000) -: - Validity TBD • ' • -CES Settlement 49-Parking Preservation Study- _ -• .$ ' 34,634.07 $ 34,634.07 RCD to be cancelledlvoided. . _ CES Settlement#10:Harmonization Phase I - ' $ ; '153,623.64 $ - -153,623.64 RCD to be cancel— ert ' CESSettlement#11-Update Harmonization Renderings . .- $ .- 63,393.51 $ - '63,393.51 - - . ` CES SetUement412-Relocate Pump Station to Median. • $ 158.796.83 $.. ' 158,796.83 ' �' ' - - 2 Escalation proposal sr$4$ 8,540,238.69 $ 8,540,238.69 Include28961.67 calation prep costs 3 . Preparation Costs for Escalation Effort&Re-start . $ 613,973.34 $ ' - 0.00 CMB, hied, uest icluded In other hems' - • 4 Off Ramp and Termination S 2,852,681.36 $ 545,000.00 Iy A.Off-ramp charges Oct.27 through March 15.2023 $ 744,532.00 $ 545,000.00 B.Termination for Convenience $ 2.108.149.3E $ 2,108,149.3. N t In tut In a Termination settlement.under review 5' Escalation of GC's for Extended Performance ' $ 159,205.7E $ 159;20 Ili. ' _-, . - 8 Micro Pump Stations - $ 313,893.98 $ 313,893:98 - 7. Expanded Harmonization of Properties _ -. - - $ 2,113,299.50. $' 2,113;29940 -. - - " ' - ''A.Expanded Harmonization of Properties-Design Per Property $ .. :6,726.1E $:`• 6;7261tQ Per Pr 'rty - B.Expanded Harmonization of Propertles-Construction yer Property , $ , ' 9,529.99 $ 9,529,991 0 party. ' - 8 Handrail Upgrades from FDOT Specs $ 224,430.60 $ 204,430.60 -2 K As resolution;City accepts DBF recommendation to omit concrete underslab at Lincoln Terrace,16 Street and 14 Street.Include the' 9• Converstonof Roadway Ends Send bedding to Concrete at Pevers . $ - '•47,200.00 $ 47,200.00 concrete underslab at Lincoln Court,Bay Road north of Lincoln - - Road,Lincoln Road from Lincoln Court to the bay end the.. . - - intersection of Lincoln Road and Bay Road. to ROW Trees TBD $ 0.00 Construction Cost-Could include additional design costs Not to be included in change order at this time 11 - Private Property Tree-.Construction Cost . - . TBD $-_ - . -_ 0.00 To be discussed ._ . - ' CMB would like to Veal parking as open space,RMCF to omit 12 Parking Unknown $ 0.00 parking striping It was agreed that we would resolve striping as needed-no cost 13. APS - $ - 131,375.00'�$ ;0.00�To be.examined at a later date;paid under Owner contingency if - - required . . ' Total $ 13,843,738.51 $ 12,726,290.92 Does not Include Item 48 - Ultimatum RMCF to provide 30 days min notice,after two meetings with design documents in hand RMCF to include base harmonization cost in overall harmonization budget 1 of 1 As of 10/24/2022 EXHIBIT D IA1 :, ►. WEST AVENUE-PHASE II PROJECT NAME: IMPROVEMENTS SOUTH OF 14TH ST A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida, Inc. RPR/CEI: Chen Moore and Associates, Inc. CHANGE ORDER NO. 7 DATE: 10/06/2022 You are hereby directed to make the following changes to the Contract Documents: DESCRIPTION OF This Change Order, pursuant to Amendment No. 1 to the Agreement,and as resolved and authorized by the City CHANGE: Commission on October 26,2022,effectively and immediately suspends the Agreement in its entirety. Further,as stipulated in Amendment No. 1,this Change Order 7 shall reduce the contract amount by$13,998,920.01, withdrawing unused funds. This credit will be used to fund Change Order 7 for the West Avenue—Phase II Improvements-Master Project(North Contract). REASON FOR Pusuant to discussion, review and approval by the City Commission on October 26,2022,this project is CHANGE: suspended. CLASSIFICATION: Credit IF OTHER: N/A ATTACHMENTS: Schedule of values of last pay application CHANGE IN CONTRACT SUM ANGE IN CONTRACT TIME Original Contract Sum: $12,809,75400 Originalntract Time o ubstantial 545 DAYS Com•��'II�'on: Net change by previously Ne c:'ange 0 previous Change authorized Change Orders: $13,128,483.85 Ordes;r_ 1,618 DAYS Contract Sum prior to this Contra"<T'i e to Substantial Change Order: $25,938,237 'G•mpletio�ii' 'or to this Change 2163 DAYS •'rde Contract Sum will be ' Tact a will be increased/decreased by this Change Order in the amount $(1 8, 0.01) reared/decreased by the 0 DAYS of: fi4owing calendar days: New Contract Sum including this 3 w Contract Time to Substantial 2163 DAYS Change Order is: Completion is: II NO ADJUSTMENTS IS MADE,THE CONTRACT A El'j M;ItE.AIN!b' CHANGED. ADJUSTMENTS TO TIME FOR PERFORMANC ,4,hv onnection with chan_, noted in this document,CONTRACTOR'S TIME FOR PERFORMANCE REMAINS UNCHANGED unless specifically noted herein. This Change Order is an amendment to the Agreement be the Con..`or and City. The amount and time change designated herein are the maximum agreed to by both the City and Contractor for this Change Order. Contractor attests that the.o::act aCfrstment provided herein is reasonable,and constitutes compensation in full for all costs,claims,markup,and expenses,direct or indirect,attributable to this or any other prio' e Orders,including but not limited to compensation in full for any delays,acceleration,or loss of efficiency encountered by Contractor in the performance of the Work through the date of o is Change Order,and for the performance of this and any prior Change Orders by or before the date of Substantial Completion. In consideration of the compensation and time,if any,in this Change Order,the Contractor hereby releases the City from all Claims,demands,or causes of action arising out of the transactions,events and occurrences giving rise to this Change Order. This written Change Order is the entire agreement between the City and Contractor with respect to this Change Order. No other agreements or modifications shall apply to this contract amendment unless expressly provided herein. EXCEPT AS EXPRESSLY MODIFIED HEREIN,THE TERMS AND CONDITIONS OF THE CONTRACT DOCUMENTS REMAIN UNCHANGED. Approved by RPR/CEI: Approved by CIP Capital Project Coordinator: Approved by CIP Division Director: Chen Moore and Associates,Inc. Date N/A Date David A.Gomez Date Approved by Engineer of Record: Approved by Sr.Capital Project Coordinator: Approved by CIP Director: CES Consultants,Inc. Date N/A Date David Martinez,P.E Date Approved by Contractor: City Clerk: Mayor: Ric-Man Construction,Florida Date Rafael E.Granado Date Dan Gelber Date Page 1 of 1 EXHIBIT E AMENDMENT NO. 1 TO THE DESIGN/BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND RIC-MAN CONSTRUCTION FLORIDA, INC. This Amendment No. 1 (this"Amendment No. 1")to the Design/Build Agreement dated June 14, 2017, between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida(the "City"), and Ric-Man Construction Florida, Inc., ("Ric-Man" or"Design/Builder"), is made and entered this day of ,2022. This Amendment No.1 amends the terms of the South Agreement(as defined below). RECITALS WHEREAS, the West Avenue Improvements Phase II Project (the "Project") represents a comprehensive neighborhood improvement program, focused on addressing challenges associated with climate impacts and aged infrastructure; and WHEREAS, the proposed improvements within the West Avenue neighborhood include the raising of the paved roadway, harmonization to the adjacent properties, installation of a new robust stormwater drainage collection and pumping system, replacement of the existing water distribution/transmission systems and gravity sanitary sewers, installation of new street lighting, pedestrian lighting, replacing existing and installing a new signalized intersection with mast arms, new landscaping, irrigation and construction of a new baywalk and the limits of the improvements are West Avenue between 8 Street and Lincoln Road, including side streets, and Bay Road between 14 Street and Collins Canal; and WHEREAS, due to the size of the neighborhood, the Project was divided into two contracts, North and South, with 14th Street being the dividing line; and WHEREAS, on March 22, 2017,the Mayor and City Commission adopted Resolution No. 2017-29799, awarding the design/build services agreement (the "South Agreement") issued pursuant to RFP 2016-090-KB to Ric-Man Construction Florida, Inc("Ric-Man"),for West Avenue Improvements Phase II South of 14th Street(the"South Project")with the guaranteed maximum price of$12,809,754, including a 10% contingency; and WHEREAS, between January 11, 2018 and June 23, 2021, to account for increased design and construction costs and time extensions necessitated by a series of design changes required by the City and/or regulatory agencies having jurisdiction over the Project, the City and Ric-Man executed Change Order Nos. 1, 2, 3A, 3B, 4, 5 and 6 to the South Agreement resulting in a new guaranteed maximum price of$25,938,237.85 and increasing the Contract Time to 2163 days; and WHEREAS, following the execution of Change Order No. 6, certain developments, including the need to address the concerns of residents regarding the manner in which the elevated roadways are to be harmonized with their properties, have prevented the 1 EXHIBIT E commencement of construction for either the South Project or the portion of the Project located to the north of 14th Street(the "North Project"); and WHEREAS, inflationary market conditions overall, and volatility in the construction industry, have resulted in price escalation for commodities and labor that have not been accounted for in the Change Orders issued to date; and WHEREAS, the South Agreement and the North Agreement are guaranteed maximum price contracts, but Ric-Man has requested that the City make certain financial concessions to take into account construction cost escalations that have occurred as a result of unforeseen delays to the Project; and WHEREAS, due to the limited funding available to the City for the Project, to accommodate Ric-Man's request for a change order to reflect the current conditions in the construction industry, the City and Ric-Man have agreed to suspend the South Project and to reduce the Contract Price for the South Agreement by $13,998,920 (including the allocable portion of the City's contingency) pursuant to the issuance of a deductive change order in order to make those funds available for the North Project; and WHEREAS, Ric-Man desires to proceed with the North Project and the Parties agree that proceeding with the North Project provides sufficient mutual consideration for the suspension of the South Project and the deductive change order to the South Agreement; and WHEREAS, Ric-Man acknowledges and agrees that the City will determine, in its sole and absolute discretion,whether to proceed or not to proceed with the South Project; and WHEREAS, if the City elects to proceed with the South Project, the Parties will have to agree on the Contract Price and the Contract Time applicable.to the South Project through a further change order to the South Agreement. NOW, THEREFORE, in consideration of the premises, and other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,the Parties agree as follows: 1. RECITALS; HEADINGS; DEFINED TERMS The foregoing Recitals are true and correct and are incorporated herein by reference. The paragraph headings of this Amendment No. 1 are for convenience and reference only and none of such headings shall limit or amplify the meaning, application or construction of any of the provisions of this Amendment No. 1. Capitalized terms not defined herein shall have the meanings assigned such terms in the South Agreement. References in this Amendment No. 1 to the term "Section" are references to numbered sections in the South Agreement unless otherwise indicated. 2. ACKNOWLEDGMENT OF FULL PAYMENT Design/Builder warrants and represents to the City that (a) Design/Builder has been paid in full for all Work performed through the date of this Amendment No. 1 including any costs associated with the suspension of the South Project; (b) payment has been made to Consultant, all Subcontractors, Design Subconsultants, consultants, 2 EXHIBIT E employees, laborers and material suppliers, at all tiers, for all labor, services, materials and equipment furnished by or though Design/Builder for the South Project; and (c) all contracts executed by Design/Builder in connection with the South Agreement and/or the South Project have been suspended, completed or terminated. 3. SUSPENSION OF SOUTH AGREEMENT The City and Design/Builder agree that the South Agreement is suspended effective immediately, and Design/Builder acknowledges and agrees that it shall not prosecute any additional Work pursuant to the South Agreement or otherwise relating to the South Project, or be entitled to receive any additional payment pursuant to the South Agreement or in respect of the South Project, unless and until (a) the City provides written notice to Design/Builder advising that it wishes to proceed with the South Project and to re-engage in discussions with Design/Builder(the"Re-Engagement Notice") and (b) the City and Design/Builder execute a Change Order ratifying or amending the existing scope of the South Agreement and specifying the new Contract Price and Contract Time to apply to the South Project. For the avoidance of doubt, the City shall have the sole and absolute discretion to determine whether to proceed or not to proceed with the South Project and, if the City determines that it wishes to proceed, it shall have no obligation to proceed with Design/Builder and Design/Builder has no obligation to proceed with the South Project. If the City has not provided the Re-Engagement Notice to Ric-Man by or before January 1, 2024, the City shall be deemed to have terminated the South Agreement for convenience pursuant to Section 16.1. If(x)the City is deemed to have terminated the South Agreement for convenience pursuant to the foregoing or (y) the City issues a Notice of Termination for Convenience pursuant to Section 16.1 prior to January 1, 2024, then the provisions of Section 16.1 shall apply, provided, because Design/Builder has been paid in full through the date of this Amendment No. 1 and will not be performing additional Work or entering into contracts or making other commitments with respect to the South Project unless the City elects to proceed therewith as contemplated above,then notwithstanding anything in Section 16.1 or any other provision in the South Agreement to the contrary, Design/Builder shall not be entitled to receive any payment of any kind or nature that may otherwise be due in connection with a termination for convenience. For the avoidance of doubt, if the City elects to proceed with the South Project and the City and Ric-Man enter into a Change Order as contemplated in letter (b), above, the City shall continue to have the right to terminate the South Agreement for convenience in accordance with the provisions of Section 16.1. 4. MODIFICATIONS a. Promptly following the full execution of this Amendment No. 1, the City and Design/Builder shall execute Change Order No. 7 to the South Agreement in the form attached hereto as Exhibit "A" to reduce the Contract Price for the South Agreement by$13,998,920(including the allocable portion of the City's contingency) in order to make those funds available for the North Project. b. Design/Builder hereby releases the City from all Claims, demands, or causes of action arising out of the transactions, events and occurrences giving rise to this Amendment No. 1. c. This Amendment No. 1 sets forth the entire agreement of the parties with respect to the subject matter hereof. All prior or contemporaneous understandings and 3 EXHIBIT E discussions, whether written or verbal, regarding the subject matter hereof are entirely superseded by this Amendment No. 1. If there is any conflict between the terms and conditions of the South Agreement and those set forth in this Amendment No. 1, the terms and conditions in this Amendment No. 1 shall govern. 5. RATIFICATION Except as amended by the express provisions of this Amendment No. 1, the terms and conditions of the South Agreement are hereby ratified and confirmed by the City and the Design/Builder and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH, FLORIDA Rafael E. Dan Gelber Granado, City Mayor Clerk ATTEST: DESIGN/BUILDER: RIC-MAN CONSTRUCTION FLORIDA, INC. Secretary President Print Name Print Name Attachment: Exhibit"A"—Change Order No. 7 to South Agreement 4 EXHIBIT E EXHIBIT"A" CHANGE ORDER NO. 7 TO SOUTH AGREEMENT 5 EXHIBIT A • WEST AVENUE- PHASE II PROJECT NAME: IMPROVEMENTS SOUTH OF 14TH ST A/E CONSULTANT: CES Consultants, Inc. CONTRACTOR: Ric-Man Construction Florida, Inc. RPR/CEI: Chen Moore and Associates, Inc. CHANGE ORDER NO. 7 DATE: 10/06/2022 You are hereby directed to make the following changes to the Contract Documents: DESCRIPTION OF This Change Order,pursuant to Amendment No. 1 to the Agreement, and as resolved and authorized by the City CHANGE: Commission on October 26,2022,effectively and immediately suspends the Agreement in its entirety. Further,as stipulated in Amendment No. 1,this Change Order 7 shall reduce the contract amount by$13,998,920.01, withdrawing unused funds. This credit will be used to fund Change Order 7 for the West Avenue—Phase II Improvements-Master Project(North Contract). REASON FOR Pusuant to discussion, review and approval by the City Commission on October 26,2022,this project is CHANGE: suspended. CLASSIFICATION: Credit IF OTHER: N/A ATTACHMENTS: Schedule of values of last pay application CHANGE IN CONTRACT SUM ANGE IN CONTRACT TIME Original Contract Sum: $12,809,75400 Originalntract Tim- o ubstantial 545 DAYS Com ;lion: Net change by previously Ne c ange previous bhange authorized Change Orders: $13,128,483.85 Order� 1,618 DAYS Contract Sum prior to this Contract Ti e to Substantial Change Order: $25,938,237E,7jti,,mpletiol f tiorto this Change 2163 DAYS erde ' Contract Sum will be Tact • a will be increased/decreased by this Change Order in the amount $(1 -0.01) ' reared/decreased by the 0 DAYS of: owing calendar days: New Contract Sum including this , - �, Contract Time to Substantial 2163 DAYS Change Order is: qu'" ompletion is: II NO ADJUSTMENTS IS MADE,THE CONTRACT A (+�p '.A AI CHANGED. ADJUSTMENTS TO TIME FOR PERFORMANC iti'onnection wi"tii chanI noted in this document,CONTRACTOR'S TIME FOR PERFORMANCE REMAINS UNCHANGED unless specifically noted herein. This Change Order is an amendment to the Agreement b-' ±the Con.slI'.r and City. The amount and time change designated herein are the maximum agreed to by both the City and Contractor for this Change Order. Contractor attests that they act;; ltstment provided herein is reasonable,and constitutes compensation in full for all costs,claims,markup,and expenses,direct or indirect,attributable to this or any other prio'`i 5j to Orders,including but not limited to compensation in full for any delays,acceleration,or loss of efficiency encountered by Contractor in the performance of the Work through the date of ri Change Order,and for the performance of this and any prior Change Orders by or before the date of Substantial Completion. In consideration of the compensation and time,if any,in this Change Order,the Contractor hereby releases the City from all Claims,demands,or causes of action arising out of the transactions,events and occurrences giving rise to this Change Order. This written Change Order is the entire agreement between the City and Contractor with respect to this Change Order. No other agreements or modifications shall apply to this contract amendment unless expressly provided herein. EXCEPT AS EXPRESSLY MODIFIED HEREIN,THE TERMS AND CONDITIONS OF THE CONTRACT DOCUMENTS REMAIN UNCHANGED. Approved by RPR/CEI: Approved by CIP Capital Project Coordinator: Approved by CIP Division Director: Chen Moore and Associates,Inc. Date N/A Date David A.Gomez Date Approved by Engineer of Record: Approved by Sr.Capital Project Coordinator: .Approved by CIP Director: CES Consultants,Inc. Date N/A Date David Martinez,P.E Date Approved by Contractor: _City Clerk: Mayor: Ric-Man Construction,Florida Date Rafael E.Granado Date Dan Gelber Date EXHIBIT F SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE ("Agreement") is entered into as of the day of , 2022 by and between RIC-MAN CONSTRUCTION FLORIDA, INC. (hereinafter referred to as "RMCF"), and the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as the "City"). The parties hereto (the "Parties") agree as follows: RECITALS WHEREAS, the legal action captioned Ric-Man Construction Florida, Inc. v. City of Miami Beach, Florida, Case Number: 2022-008522-CA-01, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida (the "Action") is pending between the Parties arising out of two contracts known as the Design-Build Agreement for Improvements of West Avenue North of 14th Street and the Design-Build Agreement for Improvements of West Avenue South of 14th Street (the "DB Agreements"); and WHEREAS, to avoid the costs and uncertainties of continued litigation, the Parties are desirous of resolving all claims and disputes between themselves, on the terms and conditions hereinafter set forth. NOW, THEREFORE, in exchange for the good and valuable consideration more particularly set forth herein, but without admission of any liability, fault or wrongdoing, the Parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. Capitalized terms used herein and not otherwise defined shall have the meanings given to them in the DB Agreements. 2. Representation. This Agreement is entered into voluntarily by the Parties who stipulate and agree that they are under no duress or undue influence. The Parties represent that in the execution of this Agreement, they had the opportunity to consult legal counsel of their own selection with respect to the execution this Agreement. 3. Terms. As full and final settlement of the above-styled action, the Parties agree as follows: a. Concurrently with the execution of this Agreement, the Parties will execute that certain Amendment No. 1 to the Design/Build Agreement dated June 14, 2017, between the City and RMCF with regard to the West Avenue Improvements Phase II Project South of 14th Street ("Amendment No. 1 to the South Agreement") and the corresponding Change Order No. 7, attached thereto as Exhibit "A" ("Change Order No. 7 to the South Agreement"); b. Concurrently with the execution of this Agreement, the Parties will Page 1 of 4 EXHIBIT F execute that certain Amendment No. 1 to the Design/Build Agreement dated June 14, 2017, between the City and RMCF with regard to the West Avenue Improvements Phase II Project North of 14th Street ("Amendment No. 1 to the North Agreement") and the corresponding Change Order No. 7, attached thereto as Exhibit "C" ("Change Order No. 7 to the North Agreement"); c. Within five (5) days of the execution by the Parties of Amendment No. 1 to the South Agreement, Change Order No. 7 to the South Agreement, Amendment No. 1 to the North Agreement and Change Order No. 7 to the North Agreement, RMCF shall dismiss the Action with prejudice, by submitting the Joint Stipulation and Order of Dismissal With Prejudice to the Circuit Court, in the same form as the document attached hereto and incorporated by reference as Exhibit "1". 4. Mutual Release. The Parties, for themselves and on behalf of their Consultants, all Subcontractors, all Design Subconsultants and all material suppliers at every tier, hereby remise, release, acquit and forever discharge each other, their attorneys, representatives, officers, employees and agents from any past, present and future claims, actions, causes of action, demands, rights, damages, costs, losses, expenses, compensations and obligations which exist or which may hereafter accrue, whether known or unknown, whether foreseen or unforeseen, whether matured or not mature, whether discovered or undiscovered, and the consequences thereof, having resulted, resulting or to result from any or all of the following: a. All matters or disputes which have been or could have been alleged in the Action; b. Any representations made by the City related to any and all matters or disputes at issue in the Action; and c. Any and all claims for attorney's fees (including paralegal fees) and costs in any way related to the Action. Notwithstanding the above, the above stated release does not include any patentor latent defects related to RMCF's work on the Project. 5. Warranty of No Assignment; Satisfaction of Third-Party Interests. RMCF represents, warrants, and certifies that it has not in any manner assigned, pledged or otherwise voluntarily or involuntarily disposed of or transferred to any person or entity any interest in any claim(s), actions, causes of action, suits, damages, losses, judgments, executions, demands, liabilities, obligations, responsibilities, liens, expenses, costs and attorney's fees raised in the Action and/or referenced in this Agreement (collectively, "Claims"), and if any person or entity has any interest in any such Claim, RMCF will fully satisfy and discharge such person or entity's interests from Page 2 of 4 EXHIBIT F the consideration payable by the City pursuant to this Agreement and/or Change Order No. 7 to the North Agreement. RMCF will hold harmless and indemnify the City from and for any and all actions, causes of action, damages and costs, including reasonable attorneys' fees, incurred in defense of or in settlement of all actions, causes of action, suit or suits, or demands, by any third party whose interest in any Claim is not fully satisfied and discharged by RMCF. 6. No Admission of Liability. RMCF acknowledges and agrees that any payment by the City pursuant to this Agreement, Amendment No. 1, and/or Change Order No. 7 to the North Agreement and/or any other act, representation, inaction or silence by the City is not to be construed as an admission of liability but is made to protect the interest of the City and to avoid further litigation and the expenses thereof. 7. Effective Date. The Effective Date of this Agreement shall be the date upon which the second Party to sign has affixed the signature of its representative to the Agreement and delivered an executed copy to the other Party. 8. Entire Agreement. This Agreement constitutes the sole and entire agreement between the Parties and supersedes all prior and contemporaneous statements, promises, understandings or agreements, whether written or oral. 9. Amendments. This Agreement may be amended, modified or altered at any time upon the approval of the Parties; however, any such amendment must be in writing and signed by all Parties in order for such amendment to be of any force and effect. 10. Partial Invalidity. In the event that any provision of this Agreement is declared by any court of competent jurisdiction or any administrative judge to be void or otherwise invalid, all of the other terms, conditions and provisions of this Agreement shall remain in full force and effect to the same extent as if that part declared void or invalid had never been incorporated in the Agreement and in such form, the remainder of the Agreement shall continue to be binding upon the Parties. 11. Applicable Law. This Agreement shall be subject to and governed by the laws of the State of Florida, without regard to conflict of law rules. 12. Counterparts. This Agreement may be signed and executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one Agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or email shall be effective as delivery of an originally executed counterpart of this Agreement. Page 3 of 4 EXHIBIT F 13. No Adverse Construction. The Parties acknowledge that this Agreement has been prepared by each of them. In the event any part of this Agreement is found to be ambiguous, such ambiguity shall not be construed against either of the Parties. 14. Further Acts. In addition to the acts recited in this Agreement, the Parties agree to perform, or cause to be performed on the date of this Agreement, or thereafter, any and all such further acts as may be reasonably necessary to consummate the transactions contemplated hereby. Each of the Parties agrees that it will execute and deliver all such documents and instruments as may be necessary and appropriate to effectuate the terms of this Agreement. 15. Authority,. Each person(s) executing this Agreement as an agent or in a representative capacity further warrants that he or she is duly authorized to do so. The Parties have executed this Agreement as of the date set forth below. IN WITNESS WHEREOF, the parties hereto have caused this Settlement Agreement to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH, FLORIDA Rafael E. Dan Gelber Granado, City Mayor Clerk ATTEST: RIC-MAN CONSTRUCTION FLORIDA, INC. Secretary President Print Name Print Name Page 4 of 4