Amendment No.1 Design Build Agreement with Ric-Man Construction Florida, Inc :, canned
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,tdr 2022 ® 323e4
JAN 2 5 23 AMENDMENT NO. 1
TO THE
DESIGN/BUILD AGREEMENT
BETWEEN DEC 0 9 2022
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
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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 uhdue 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 R►c-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 Agreements)")
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 'SectibW'are references to numbered
sections 'in the North Agreement unless otherwise indicated. Change Order No. 7,
which will be executed contemporaneously with this Amendment No. 1, is attached
hereto as Exhibit "A" and is hereby incorporated into this Amendment No.1 as if fully
set'forth herein. All references to."this Amendment No. 1" shall accordingly include the
terms and conditions set forth in Change Order No. 7.
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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
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,equipment and permitting 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"B''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 nine (9) segments, as reflected in Exhibit "C"
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 by or before March
15, 2023 executed Harmonization Agreements with as many owners.of,properties that
are located in Segments 3,. 4, 5, 6, 7,, 8 and 9 (the "Segments 3-9 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,any property owner refuses to sigh the Harmonization Agreement after
Design/Builder has,'met with such property owner and made commercially reasonable
efforts to address such property owner's concerns and requests, then Design/Builder
shall. provide a written notice to such Segment I and 2 Owners 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"). The
Thirty-Day Notice of Construction of Harmonization in Right-of-Way shall also give the
relevant' property owner the option of having stormwater drainage installed on its
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property contingent on such property owner executing an Irrevocable License in the
form of Exhibit "D" attached hereto (an "Irrevocable License"). 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
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 inability,
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, 2022 through the effective date of the Termination for Convenience
(but not.later than Marc.h 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
thereafter continue to use commercially reasonable best efforts to secure executed
Harmonization Agreements from any remaining Segments 3-9 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 obtaining the percentage of Harmonization Agreements determined by the
City and satisfying all other conditions precedent set forth in the North Agreement for an
NTP for Construction, issuance of an NTP in respect of each Segment in Segments 3-
9 will require that the Design/Builder sufficiently completes construction work in the
immediately preceding Segment(s) to allow the City beneficial occupancy of such
Segment. Notwithstanding beneficial occupancy of any Segment by the City (as
contemplated by Section 6.13 of the North Agreement), the final asphalt wearing course
shall not be placed until the roadway Work is complete in all Segments. For the
avoidance of doubt, a determination by the City that any Segment may be beneficially
occupied does not constitute a determination that such Segment or the Project has
reached Substantial Completion or Final Completion. All such determinations shall be
made in accordance with the applicable provisions of the North Agreement.
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As with Segments 1 and 2, if any Segments 3-9 Owner refuses to sign the
Harmonization Agreement after Design/Builder has met with such property owner and
made commercially reasonable efforts to address such property owner's concerns and
requests, Design/Builder shall provide a Thirty-Day Notice of Construction of
Harmonization in Right-of-Way to such Segment 3-9 Owners,which shall include the
same option afforded to the Segments 1 and 2 Owners to have stormwater drainage
installed without harmonization contingent upon the execution of an Irrevocable
License. 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..
Related to any Thirty-Day Notice of Construction of Harmonization in Right-of-
Way, Ric-Man is responsible for the costs for this specific Work up to the allocated per
property budget for harmonization defined in CO-7, plus the costs for a retaining wall
and the value of the original harmonization work which Ric-Man carried in its budget for
the North Agreement on a pro rata per-property basis, the totality of which is the "Per
Property Budget". Upon Ric-Man's issuance of any Thirty-Day Notice of
Construction of Harmonization in Right-of-Way; Ric-Man will provide the City a cost
proposal for the harmonization in right-of-way work. Costs for harmonization in the right-
of-way work that exceed the Per Property Budget are subject to a change order.
Nothing in this Amendment No. 1 shall be deemed to modify in any manner the City's
ownership interests in the Project or the right-of-way.
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
formattached hereto as Exhibit "A" to increase 'the Contract Price for the North
Agreement by $13,998,920,01 (including the allocable portion of the City's
contingency).
b. The adjustments to the Contract Amount and Contract Time related to the North
Agreement specified in Change Order No 7 (''CO-7''), being executed
contemporaneously with this Amendment .No. 1, are the maximum time extension
and.monetary compensation agreed to by both the City and Design-Builder for CO-
7. Design/Builder attests that the adjustments to the Contract Amount and the
Contract Time provided in Change Order No. 7 are reasonable and constitute
compensation in full for all matters set forth therein and in any prior Change Orders.
Accordingly, Design-Builder hereby releases the .City from ,all Claims, costs,
markups,expenses, director indirect costs as related to: (i)any delays,acceleration,
or loss Of efficiency encountered by Design/Builder in the performance of the Work
through the Effective Date of this Amendment No. 1 and (ii)for the performance of
this Amendment No. 1 and any prior Change Orders through City issuance of a
Certificate of Substantial Completion, but not including Claims that may arise after
the Effective Date of Amendment No. 1, including Claims related to requests for
adjustments Of the Contract Price and/or-Contract Time,.This Amendment No. 1 sets
forth the entire agreement between the City and Design/Builder with respect to the
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subject matter herein. No other agreements or modifications shall apply to this
Amendment No. 1 unless expressly provided therein, and all prior or
contemporaneous understandings and discussions, whether written or verbal,
regarding the subject matter hereof are entirely superseded by this Amendment No.
1. For clarity, the foregoing release does not include any impacts to the Work that
may occur after the Effective Date of this Amendment No. 1 and after the Effective
Date of CO-7, any of which impacts to the Work shall be governed by and subject to
the applicable terms of the North Agreement.
c. 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 i their names by their duly authorized officials as of the date first set forth above.
ATTEST: DEC 9 �QZZ CITY OF MIAMI BEACH, FLORIDA
Rafael E. Dan Gelber
Granado, City _p1` q�, Mayor
Clerk
ATTEST: '. CORP+Or,ATED DESIGN/BUILDER:
RIC-MAN CONSTRUCTION FLORIDA, INC.
eet.ret-LKet74444,14,t/ppL-111121,6---'' -4044
Secretary President
•ea.744/.,,, a,„cifyt4f14t / W/
Print Name Print Name
Attachments: Exhibit"A"—Change Order No. 7 to North Agreement
Exhibit"B" —Form of Harmonization Agreement
Exhibit"C"—Project Segments
Exhibit"D"`—Form of Irrevocable License
APPROVED AS TO
FORM&'LANGUAGE
&FOR EXECUTION
I i)3o h-o2Z
6 City Attorney Dote
EXHIBIT "A"
CHANGE ORDER NO. 7 TO NORTH AGREEMENT
7
d v\I A I L h 'i WEST AVENUE-PHASE II
PROJECT NAME: IMPROVEMENTS—NORTH 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: 10/31/2022
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 agreement to compensate the Design/Build
✓ Team(DBT)for the following requested items:
• Request for Change Order No.11:Additional Design and Engineering Services,in the amount of
$803,022.39
• Request for Change Order No.12:Cost Escalation of Commodities and Labor,in the amount of
$8,540,238.69
• Request for Change Order No.13:Extended pre-construction services,in the amount of$545,000.00
• Request for Change Order No.14:Escalation of General Conditions in the amount of$159,205.76
• Request for Change Order No.15:Addition of Micro Pump Stations in the amount of$313,893.98
• Request for Change Order No.16:Expanded Harmonization Scope on Private Properties In the amount
of$2,113,299.50
• Request for Change Order No.17:Handrail Upgrades in the amount of In the amount of$204,430.60
• Request for Change Order No.18:Concrete Underslab at Roadway Ends in the amount of$47,200.00
• Request for Change Order No.19:Excusable,Non-compensable Contract Time Extension of 521
calendar days to substantial.completion.
• 10%Owner's Contingency in the amount of$1,272,629.09 included
REASON FOR Please refer to the itemized explanations in the accompanying Requests for Change Order numbers 11, 12,.13,
CHANGE: 14, 15,16,17,18,19 and 20 included herein.
RCO 11,$ 803,022.39
RCO 12,$8,540,238.69
RCO 13,$ 545,000.00 .
RCO 14,$ 159,205.76
RCO 15,$ 313,893.98
RCO 16,$2,113,299.50
RCO 17,$ 204,430.60
RCO 18,$ 47,200.00
RCO 19,$ 0.00
10%Owner's Contingency$1,272,629.09 ,
Change Order Total:$13,998,920.01
CLASSIFICATION: Other 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 1961 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 Order 2721 DAYS
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 • $83,687,595.68 New Contract Time to Substantial 3242 DAYS
Change Order Is: Completion is:
Page 1 of 2
III.NO ADJUSTMENTS IS MADE.THE CONTRACTAMOUNT-REMAINS UNCI IANGED ,1
ADJUSTMENTS TO TIME FOR PERFORMANCE In connection with the change(s)noted in this document.CONTRACTOR'S TIME FOR PERFORMANCE REMAINS UNCHANGED
-trains aµ if c allyrteJ,...-'--rein.
, This Change Order is being executed contemporaneously with Amendment No I to the Agreement between the Contractor and City("Amendment No.I")and the terms of this Change Order
have been incorporated into Amendment No.I. For the sake of convenience.all references to"this Change Order"below shall be deemed to include the tenns and conditions set forth in
- Amendment No.I.The adjustments to the Contract Amount and Content Tune related to the North Agreement specified in this Change Order are the maximum time extension and monetary
compensation agreed to by both the City ondtontractor for this Change Order Contractor attests that the adjustments to the Contract Amount and tire Contract Time provided in this Change
Order are reasonable and constitute compensation in full for all matters set forth herein and in any prior Change Orders. Accordingly.Contractor hereby releases the City from all Claims,
costs.markups.expenses.direct or indirect costs as related to:(i)any delays acceleration.or loss of efficiency encountered by Contractor in the perfonnence of the Work through the Effective
Date of this Change Order and(ii)for the performance of this Change Order and any prior Change Orders through City issuance of a Certificate of Substanttal Completion,but not including
Claims that may arise alter the Effective Date of this Change Order.including Claims related to requests for adjustments of the Contract Price and/or Contract Time This Change Order sets
forth the entire agreement between the City and Contractor with respect to the subject matter herein No other agreements or modifications shall apply to this Change Order unless expressly
provided herein,and all prior or contemporaneous understandings and discussions,whether written or verbal.regarding the subject matter hereof are entirely superseded by this Change Order.
For clarity,the foregoing release does not include any impacts to the Work that may occur after the Effective Date of this Change Order,any of which impacts to the Work shall be governed by
and subject to the applicable tenns of the Agreement between the Contractor and City If there is any conflict between the terms and conditions of tire Agreement and those set forth in this
Change Order,the terns and conditions in this Change Order shall govern
EXCEPT AS EXPRESSLY MODIFIED HEREIN.THE TERMS AND CONDITIONS OF THE CONTRACT DOCUMENTS REMAIN UNCHANGED
App •ved b RP CE(I Approved by Capital Project.Coordinator: Approved by CIP Division Director: _ -
�r I L o ti � r_ Z•$'Z2
Chen ..re an. octal , nc ate N/A Date David Gomez Date
Approv • by Engineer ord: Approved by Sr.Capital Project Coordinator: approved by CIP Dire or:
•
t e/ZZ
S Consultants,Inc ate 'NSA Date David Mar nez,P.E. Date
Approved by Contractor: Approved by City Cler : Approved b r:
DEC 0 9 2022
'1Q 621,__ teliz421.
Ric-Man Construction Florida Date Rafael G nado Date Dan Gelber Da e
i' 1 Br;^r,,g11,,
' •IkdCORPORATED; •� - t
•.. `^'I APPROVED AS TO z
'f',,'c; �� ` - FORM&LANGUAGE
&FOR EXECUTION
-JA-� Q , i 11go/ z
City Attorney lainto
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Page 2 of 2
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•
• .. WEST AVENUE-PHASE II
PROJECT NAME: IMPROVEMENTS.-MASTER PROJECT.
•
Y 1 I/-AI V 11 BEACH AIE CONSULTANT:., CES Consultants.•Inc.
•
•
CONTRACTOR: Ric-Man Construction Florida Inc. - '
• :. •• • RPRICEI: : . Chen Moore and Associates,Inc,
:. Request For Change Order :No,• DATE CREATED: 07.07.2021 04:56PM
DUE DATE • • '07:09.2021••. ..
.Reason for RCO:' Request Additional Engineering and Design Services'
Ric-Man's design consultant,CES'Consultants,has submitted multiple requests for additional compensation for work they.ceinsider_to
be beyond the onginal 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 docutnents..'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 negotiations with the DBT and reached consensus on these items: The addiitionaldesign.efforts are itemized below
and in the proposal from the•Rio-Man.(Exhibit:A). :•.:
• 1, . Inverted Crown at Lincoln Court:Thia request for change order asks:for additional.comperisation for re-design of Lincoln Court •
., to incorporate an inverted.crown.As your proposal states,.this change is'necessary due to the elevation of the parking garage..
entrance at 1441 Lincoln Court and the determination.from your consultant that a raised.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 changes to.lighting and signals'due to roadway modifications
at:the.intersection of 10th Street and West:Avenue as.a result of changes.to the sidewalks between 8th Street and 10th,Street,
In order to accommodetethe request from adjacent private property(Gumnick): -
3. Baywalk Re-design: s Thi request Ilkchange order seeks additional.compensation for design efforts associated with the
baywaik portion of the:project;.located behind:1450 Lincoln.Road.. The request,as proffered by the.Design/Builder and
understood by the City,is associated with the pre-existing development agreement between the City of Miami Beach and the ..
1450 Lincoln Road property;which was not disclosed at the time of contract execution: Per the request,inorderto meet the •
• . " . • . terms of that development agreement a redesign'of the baywalk was required.• - • - '
4. • Transportation Changes:.The Design Criteria Package(DCP),Section 1.03 of the DCP.includesthet"the[Design/Builder)shall. • •
be responsible for the design,:permitting,construction management and construction of the(projectr,',More specifically; •
Section 15.H. clearly indicates that thedesign-builder will be required to obtain necessary permits from Miami-Dade•Traffic,
- • Engineering Division,among others: In response to a submittal toMiami-Dade-Traffic,comments were received requiring the •
• •addition of accessible pedestrian signals,as well as.other modifications to the traffic.plans: Aspreferred by Ric Man;•these •
•
- . requests from the regulatory agencies are not a code requirement;nor the OCP..As such,additional.compensation is• .. •
' • . : warranted.Thisjitem,is_related toadditional designd e anngineeriing effort;oniy anddoes not;includelreleted construction::cost• -
•
mpacts�_ .: =
•5.• 1671_Parking Lot Design;,This request for change order asks for'additional compensation for revising and.upgrading the
• • • parking let as recommended bythe ORB 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•si g nin and Marking as s ecified in the proposal from.Civil Works,Incdated 5/Q3/2021,The proposals,as
9 9 9 P.. P Po ..
- preferred by Ric-Man,only envisioned the.miling:and resurfacing of the exiting parking lot,and not the wholesale -
- redevelopment es recommended by the DRB. . • -
6.• Design Review Board Presentation:This request for change Circlet asks for additional compensation to the DBF to produce a
presentation and upgraded renderings directed by ORB:as a result of the January 4,2022,hearing:The proposal includes
renderings of private and public:property,•address•oomments provided by DRB;preparation of responses to questions ' • . •
provided during ORB.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 1 area(West Avenue from 6th'Street to Sth•.Street;1.0th 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 . : :' . . '
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B. 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 palMe(6"OHS)on private property..
9. Parking Preservation Study: This request for change order asks for additional compensation to the Design/Builderto 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 conipensation.to prepare advance#D harmonization . : •
renderings for each piivate: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 webviewlink 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 proposal itemizinglaborlmaterial cost,inclusive of overhead,:profit and bonds;and time proposal for changes in the
•.. contract time for the following proposed modificetion(s)to the contract as described below: • . - • •
-The:Design Build Team:shall provide the additional design and engineering.scope required to Complete the tasks outlined.above.
Contractor's Proposal: :
•
Please submit the costs for this work which will be included in a change order in accordance.with Article 98 of the.General Attach
file If more space is needed. .- :.
• Subsequent to extensive negotiations and Mediation;the City and Ric-Man reached a settelment agreement which includes the . •
following values for the requested additional services: . - .
1. Inverted Crown at Lincoln Court:$23;129.61 •
2.: Lighting and Signals:$5,000 : • .. :.
'3. Baywalk Re:-design:$27,297.02: .
4._ Transportation Changes:..$67,205.25
5• 1671 Parking Lot-Design:$121,197.63 :
• 6. Design Review.Board Presentation:$69,000.00
7:: Phase I Private Property Evaluation:$19;744.83 '
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 • •
(he contract documents it any response causes:any changes to the contract.:
•
Page 2or3
Re om. a dad i'RPRICEI: Recommended by CIP Capital Project Approved by Contractor
IL, I i ►4/ _Coordinator:
JI` 1 .
Cheh gore a d A fates,Inc.It1g
nc1y. .. Ric-Man Cons tion Florida Inc..
Shed Signed S ne
•
Date: .' Date: Date: tZ
12ozZ . .
Recommended by Engineer of Record: Approved by Sr:Capital Project Coordinator: Approved Division Director:
CES Consultan ,I c. • N/A . David A.Gomez
SG_ Signed: Si •
C,--7
D /Z ../ '`"ZOLL
• - Dater Dale: gQ
•
Page 3af3
- _ WEST AVENUE-PHASE II . . .. .
•
PROJECT NAME IMPRO EMENTR ASTER PROJ CT
• A/E'
: .CONTRACTOR::CONSULTANT. Ric Man C nst ction Fioride'Inc.:
. . RPRICEI CiienMoore and Associates.Inc:: .
• :. Request For Change Order -Np. Z,� •DATE CREATED: ., 07.07:2021 04:56PM • ..
DUE DATE; Q7:09,2021
.- - • Reason for Cost Escalation of Commodities and Labor •• • .. • • - •
•• -• • Rio-Man has requested'additional compensation as a result of iricreases•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 onInformation from the : .-
.U.S:Bureau of Labor Statistics Producer Price Index,for the-period m June 2021.through.June 2022:(Exhibit A);:The City's CEI and
City staff have.reviewed and analyzed the information provide frod and find the substantiating,documentation reasonable_and in fine with
:., current market conditions. It isimportant.to note that although the City's contract with Ric-Man,does not provide forcost escalation
• • ` • : . consideration,It has been contemplated and negotiated in.light of the extraordinary market:conditions and fluctuations.:This request .
' ' :: • equates to en approximate 14.4%escalation In construction costs: . • : ::. :: :. • :• :
Additional Scoaer .
• ' . • • . Please submit a proposal Itemising•laboriniaterial cost;inclusive of overhead,profit,and•bonds;and time proposal for changes inthe. - '
.'contract time for the following proposed modification(s)to the contract as described below: • :. •• • .-• • - :
:• • This request does not include added scope,butshall serve to compensate:Rio-Man for the unprecedented volatility.in'current market. :
conditions:
Contractor's Proposal:. . - - -
Please submit the costs for.this work which will be included in a 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 reviewed and'analyzed the informationprovlded and find.the substantiating documentation: : •
-
- reasonable and in_line with current market conditions(Exhibit:81. •:. - .- • -
- .Total Value:$.8,540,238.09 • .. - '- •
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:I enyresponse causes any changes to the contract,` : , - _• : -,
. - .- - co•1 men• RPR!CEI: - . • Recommended byCIP Capital Project .. - Approved by Contractor • . - . ' . - .
,t,it
Cooroi ator•
•
• C e Moore an sociates;Inc. • • . .. N/A:•.• • • . ' . • .•. - . Ric-Man Constru tion Florida*Inc: :.
ed Signed Sigoee
pate; Dater . • Date: .p' .. -
•
Recommendedby Engineer of Record: Approved.by Sr:Capital Project Coordinator: Approved Division Director
•
Pale l of 2 .
•
David A.Gomez
.
CES Consultants;Inc•- NIA' •
Dal iL ./ yet a• Date: • :Date: t Z . 2•
•
•
•
•
Page 2 of 2
•
WEST AVENUE-PHASE II •
•
/� f� /� I R A PROJECT NAME: IMPROVEMENTS-MASTER PROJECT
1.•�/• •1.I/ ! V •11.W E/ �� AIE CONSULTANT; CES Consultants;Inc:
CONTRACTOR: ' Rid.Man Construction Florida Inc.
RPRICEI Chen Moore and Associates,.Inc.
Reque,St For Change'Order :No, .1 DATE CREATEtk 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 laborlmaterial'cost,Inclusive of.overhead,profit,end bonds;and time proposaldor changes In the
contract time for the following Proposed modiflcaflon(s)to the contract as described belowc '
This request does not include added scope;but shall serve to compensate Rio-Man for the costs incurred during the extended pre-
construction services • :
Contractor's Proposal: : •
Please submit the costa for this work which will be Included In a 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 reviewed and analyzed the information provided and find.the substantiating documentation
reasonable and in line with current market condi(ions(Exhibit 8).
. Total Value:$..545;030
•
,Amount:
•
$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 to the'contract: •
:commend • y RP_RJCEI:.• Recommended by CIP Capitai:Project : Approved by Contractor:
• ./ I Coordinator:
C Moore an V,sociates,Inc. N/A : Ric-Man Construction Florida Inc. •
Sinned Signed . . • S'•
• Date: .. Date: Date: 1
.. 2 � 7JL ..
Recommended by Engineer of Records. Approved by Sr.Capital Project Coordinator! Approved Divi Ion Director: .
CES Consuitan I c: NIA: • • . David A.:Gomez. :
.
Sign • • : Signed: : Si r .
• D Date: Date:
LL Zoty Z•. •ZZ
• Pagc I of
•
. . . . .
.
PROJECT NAME: . IMPROVEMENTS MASTER PROJECT
• •• ltil! I•- I D • • •C:H* .-
AIE CONSULTANi; CES Consultants,inc: .
• . • •
CONTRACTOR: • Ric-Man'Construction Florida Inc,' .
RPR/CEIY . Chen Moore end Associates,•lnc.
Request ForiChange.Order No. 11 .: DATE CREATEDi- ' 07•.07:2021•04:56PM • • • .•
DUE DATE::• 07.09 2U21
•
• • ..
•
•
•
treason for RCO: : Escalation of Generat 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;Rio-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 proposalincludes•a 0.5%_increase in costs,per month,for indirect project costs for:the time period from January:2025 through • • .
.
Additional Srope: .. ._ . :. • _ .
- • • _•Please submit:a proposal Itemising:iaborlmaterial cost,Inclusive of overhead,profit,-and bonds;and time:proposal:for changes In the - • •
• . contract ttm®for the following proposed modiffcationfs).to:the contract as described below . .: •• .. . . • . • .• • • .. . . .. . •. • : .
• This request does not include added scope,but shall serve to compensate Ric-Man 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 included In a 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 reviewed and'analyzed the Information provided and find the substantiating documentation • • •
• • reasonable and in line with current market conditions B): - - : - . ' • ... • •
Total Value:$159,205:76 • . ' • :
Amount:; . •; . , . - .
•
This is not an author ation•to Oioceed with.awork involving additional costs and/or time.Notification must be given in accordance:with :
• the contract documents if any response•causes.any changes to the contract: : . • - : '.. - ..
- ,c,m as• . RPRICEi: Recommended by CIP Capital Project `' ' Approved by Contractor: • .
s� / Coordinator ..
b '1b21.
• Cher, oore anmjsociates,Inc. N/A; - .. 'Ric-Man Construction Florida.Inc. • •.. • •• . ..
Signed .. . .. -
•
S rjed;�.•n'
.. igne Sig ,7�/
• . - _ :Date . .. . :: . :. Date:d: - - -
- Date: •i 2a./12a�--
- - Recommended by Engineer of Record
Approved by Sr.Capital Project.Coordinator: • Approved Divi$Ion Director: ••. •
CES Consultants. c. • • - • .•.• •• N/A • : • . • .. • David A:.Gomez:-.•
- .$igned: -- Signed:* . - - :• Sighed- . 1 . -
- . • Da :. . • • .. .Date: - .. date::. , .. . .. . . . .
�. zy 2�:•$: 2
Pagc:i of
WEST AVENUE PHASE"II
/R: PROJECT NAME: JMPROVEMENTS MASTER= PROJECT.
Gift f A /� + • : .
1"V 1 I Al V 11"B EACH AIE CONSULTANT: CES•Consultants,Inc:
CONTRACTOR: Ric-Man Construction Florida Inc.- -
. RPRICEi: . ; : Chen Moore and Associates,Inc..
' • •Request•For Change Order..No. .15 DATE CREATED: 07.07.2021 04i56PM - • •
DUE DATE: 07.09.2021
• _Reason for RCO: Addition of Micro-Pump Stations.. : " • • "
• • • The.City requested that the design-builder perform a stormweter 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 thatthe project include additional drainage measures;in•the form of micro-pump stations,at 15•
properties throughout the"corridor,until the Flamingo•Neighborh"ood 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 locationg until the completion of the Flamingo Neighborhood
. •• 'Improvement Project'•" :. • . :
O these 15 .pro r fties recommended only3,lie within the limits of the West Avenue Phase II North of 14th Street project limits and "
will be installed at this time. Those properties include'131514t'Street;.1220.166'Street"and 1209 Lincoln Road. The remaining(12)
"locations will beaddressed by the West Avenue Phase II South of 14 Street:Prooect.. . :. . :'" ' " ' - " • "
•
Additional Scope: . .
Please submit a"proposal itemizing labor/material cost,inclusive of overhead;profit,and:bonds;and time proposal for changes in the - "
• Contract time•forthe following proposed Modldcation(s)to the contract as described below: " " " : : : "
• . • : I.Design,engineering and construction of(3)micro-pump stations,inclusive of all labor,material,equipment and supervision." " : " .
"Contractor's Proposal • - - -"
• • Please submit the costs for this work which will be included in a change order in accordance with Article:38 of the General Conditions.Attach ..
file if wrote spacels needed.- "
"The.City's CEI and City staff have reviewed-and analyzed the information,"provided and'find the substantiating:documentation: " ."
reasonable,and:in:line withcurrent market conditions(Exhibit B). • " " . . ' • ' .• •
.
Total Value:.$3:13,893.96 • . " • "
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 . " "•" ' '
•
• - : t orn " RPRICEIr" . • ••• : Recommended by..CIP capital Project "" Approved by Contractor: • •' ':
V.— 12�� �Coo rdin ator
C e Moor and . -fates,:lnc..: N/A:. . Ric-Man Const • n Florida Int.. .
" •• ' S. ned - :. " " Signed. :" S • : • ""
• . I
Date: -• :: - . .• : • Date: -. :bate:"J2 L
Recommended by Engineer of Record: "' • Approved by Sr.•Capital Project Coordinator: Approved Divii i n Director:
' CES Consultants I ' . "" N/A: ' •" David A.Gomez:
" .Signed_:• • gne Sid: : " •Signed -
D•
a•
te: Date;
Page I of
•
WEST AVENUE PHASE II
111: 1 PROJECT NAME , `IMPROVEMENTS-MASTER PROJECT • ..
• - •V a.I A�\i B. E.AC. H AlE CONSULTANT: :CES Consultanis,•Inc. - .. .. •
• CONTRACTOR: • • Ric-Man Construction Florida Inc:
• - : RPR!CEI: Chen Moore and Associates,Inc. .
•
Request For•Change-Order -NO.. 1.. -DATE CREATED:. :07.07.2021 04:58PM
DUE DATE: .07.0p.2021
•
•
Reason for R.CO: • 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 re-evaluate that policy,the Administration.has . • •
.. • • directed Ric-man to include that harmonization scope beyond the original scope,:which.could have otherwise 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. • : .•• ' - • -
•
. Ric-Man provided'a proposal to:include the.expanded harmonization scope(Exhibit A). - . -
. The cost$,on a ner property betas(130.pronerties),•have beendetermined to be an everene of,$6,.726.16.for design,engineering, .
permitting and coordination with,the property owners:'and an,average'of$9;529.99 for construction. The design costs associated with .
- .expandedproperti iarrimonizalion scope shall be billable and payable,based upon percentage of completion.of the:desionscopg.for•
each of the.prOperties.• • .. . . .. _ : . :. .. .
Costs for construction shalt be gillabie andpayable based on execution and.performance of the expanded harmonization construction •
scope per property:,
. • Ric-Man,in-accordance:with Amendment No.1 of the Agreement,shall"meet with each property owriera minimum of two.tirnes to .
present the.oropbsed harrnonizatidn renderings/drawings and to addressany concerns or reciuests. Once the City has issued an.NTP
for•Construction for any segment,.the Design/Builder shall'Rrovide a-written notice to 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-Wei, DesinnBuilder shall siniultaneously,provide copies of the Thirty-Day '
Notice of Construction of Harmonization in•Riglit-of-Way to the City%Contract Administrator;along With documentationdetailing all
meetings;di• scussions and negotiations-between Ric-Man and such property • • '•: -
• . Related-to any Thirty-Day.Notice_ of_Construction of Harmonization in Right;of-Way,Ric-Man-is.responsible forthecosts for this specific.
expanded harmoniiationscope defined in this.RCO=16,plus.the Costs-for retaining walls and the value of thepriginaiharmonization:
work which Rio-Mancarried under.he•base scope of work•fof this contract..as defined in the DCP,on a oro rata per-property basis,the •
:. totality is.the"Per Property Budnef".'Upon Ric-Mans issuance of anv.Thirty-Day Notice of Construction of-Hamioniiationin-
'Right-of-Way,-Ric-Man will provide.the City with:a detailed Per Propeijv Budget for harmonization,a plan for.harmonization within the :.
right of way;and•a detailed cost-estimate for the harmonization:in right=of-way:work Crists:for harmonization in the right-of-way work
that exceed the Per.Pronerty Budget ere subject to a changeorder'or contingency draw.
Additional Scone: • • . : - -
. Please submit a proposal Itemizing labor/material cost,inclusive of overhead,profit,and bonds;and time'proposal for changeein the• . -
- contract time for►he following proposed modificationtei'to the contract.as described.below: .•• • :. . - :. • • .
. • •Design;:engineering and.construction of the expanded harmonization scope,.restoring the righti.of-way and private properties,to(the • • • .
greatest extend possible;to pre=construction conditions;inclusive of all labor,:material,: and supervision, • , - -
• . Contractor's•Proposat: '
Please submit the.costs for this work which will be included in a change order In accordance with Article 38 of the General Conditions.Attach
file if more space is-needed.': • - •• •
Pagi.I or2
•
The Citys CEI and City staff have reviewed and analyzed the information provided and find the substantiating documentation
reasonable and in line with current market conditions(Exhibit.B).
Total Value:$2,113,2989.850
Amount:.
{ $2,113,2989.950
This is not an authorization to proroceed 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.
<•m, a . ti. RPR/CEI: 12ommended by.CIP Capital Project Approved by Contractor rdinator:
Ch:n oore •nd •,:ates,Inc. NIA - Ric-Man Construction"Florida Inc.. .
Signed . Signed Signed; .
Date: Date: Date:) l
lo Recommended byg of Record: Z ir
EngineerApproved by SrSG Capital ProJecECoordinator. . improved Division Director:
CES Consultants Inc. : NIA David A Gomez
Signe ' .. Sign
Date' . /Ta, / Date: .. Date:.
i Z z's
Pagc:i of
•
•
•
• . WEST AVENUE-PHASE II.
PROJECT NAME: IMPROVEMENTS.-MASTER
v IUIIAM� BEACH . . .. .
NE CONSULTANT: .CES Consultants.Inc.
CONTRACTOR: •Ric-Man Construction Florida Inc.
. • RPRICEI: Chen Moore and Associates.Inc: :
Rimiest For Change Order .Alm,, .V DATE CREATED: 07.07:2021-04.:56PM •
-
DOE DATES 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 ORB
recommended modifying the design of the typical metal railings•used throughout the project. The design criteria package specifies the
use.of a standard FOOT railing design. As a result of the recommendation,Ric-man will incur an added cost for the DRB specified and
: required railings:. •
=Rio-Man'provided•a proposal to include•the•ORB-required railing-design'(Exhibit-A). : : : .
•Additional Scope : -
Please submit a proposal Itemizing laborlmaterial cost;Inclusive of overhead,profit,and bonds;:and time proposal for changes in the
contract time for the following Proposed modificatlonfs)to the contract as described below: :• .
Design;engineering and:construction of the'upgraded railing design;.as required by ORB,inclusive.of all labor;material,e_quipment.and -
supervision. ' . . . . .. .
Contractor's Pr000sal,: '
Please-submit the costs for this work which will'be Included In a 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 reviewed and analyzed the information provided and find the substantiating documentation
reasonable end In line with current'market conditions(Exhibit l3).
Totel.Value:$204,430.60. .. -
- . •• Amount: .
$204,430.60 : . . .
This is not an authorisation to proceed with work involving additional costs and/or time.Notification must be given In accordance with
the oontract documents If any response causes any changes to the contract. • .
•' d b PRfGEI: Q . Recommended by CIP Capital Project.• Approved by.Contractor: • : :
� '
Z n % Coordinator:
Ch 1111 Dore and crates,Inc. - N/A:..
• Ric-Man Construction F orida Inc. .
•Signed ' Signed' _ Signs_d am,{
1
:Date: -: : : . .. Date:: .. .. • Date 1 12. r • • .
".. Jf.ZA2Z .. .
Recommended by'Engineer of Record: • Approved by Sr.Capital Project Coordinator: Approved Division Director: . .
' CES Consultan 1 n : • -:: .••NIA : : • . : . David A;Gomez. .
Sigrd•.. Signed: ,Sig
Date: Date::. I/. '
D
/L/�. �rz i<2 2
2
Pagel of 1 : .
•
VVEST AVENUE-PHASE.Ii
PROJECT NAME: IMPROVEMENTS-MASTER PROJECT
.
l +J 1!f'1:1�' 1.1B L. /`�C; AIE CONSULTANT: CES Consultants,Inc..
CONTRACTOR: Ric-Man Construction Florida Inc.
RPR/CEI:• • Chen Moore and Associates.Inc.
mac,uestFor Chailrae.Arder No. B DATE CREATED: 07;07.2021'04c58PM •
.
DUE DATE: 07.09.2021
Reason for RCO: Concrete Underslab at Roadway Ends •
Certain:roadwayends 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 undersiab in the assembly details at Lincoln Court,Bay Road north of Lincoln Road, ..
Lincoln Road from Lincoln Court to the bay the,intersection of Lincoln Road and Bay Road. .
.
RicaMan provided a proposal to include the concrete underslab at the specified roadway sections(Exhibit A).
•
Additional Scope: .. •
Please submit a proposal Itemizing labor/materialinclusive
cost, of overhead,profit,and bonds;and time proposal for changes in the . •
contract time for the following proposedtmodificatlon(s)to the contract as describedbelow:.
Design;engineering and construction of the concrete undersiab for the,inclusive of all labor,material,equipment and supervision.
Contractor's Proposal: •
Please submit the costs for this.work which will be Included In a change order In accordance with Article 98 of the General Conditions:Attach •
•Ille If more space is needed.' •
: 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(Exhibit B). : : .
.
Total Value:$47,200.00 . -
: Amount:
•
- This Is not an authorization to proceed with work involving additional costs and%or time.Notification must be given in accordance with
the contractdocuments if any response causes any changes to the contract:
•
Recommen.ed • •RPR/CEI:. ' commended by CIP.Capital Project Approved by Contractors . •
oordinator.
Che core=nd ociates;Inc. . N/A : Ric-Man Cons otion Florida Inc. .
SI! -0 . Signed Rite is 0 i_ . .
:Date: : • • - . . Dater Date:, r:z/ i jp Z.
Recommended by•Engineerof Record Approved.by Sr:Capital Project Coordinator Approved Division Director:
CES Consultan I - •- N/A .. . DavidA.:Gomez
Signed:., - . Signed • Signed. .- r
D Date: Date
../z > .Jets..
•
•
. . Page i or,i
•
WEST AVENUE-PHASE II ..
PROJECT•NAME: IMPROVEMENTS-MASTER PROJECT
• •
I V 1 I.A !V 1!.1�E AC AlE CONSULTANT: CES Consultants;Inc.
CONTRACTOR: Ric-Man Construction Florida Inc;
:RPRICEI: Chen Moore and Associates:Inc, • ..
q/gst fOi'Change Order 'Ilea.10 :DATE CREATED: .. 07.07:2021 04:56PM
DUEDATE: 07,09:2021 .
•
• Reason for RCO: Non-Conipensable 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 labodmaterial•cost,inclusive of overhead,profit;and bonds;and time proposal for changes in the
. contract time for the following proposed modiflcation(s)to.the contract as described 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 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 reviewed and analyzed the information provided and find the substantiating documentation .
: reasonable and in line with current Market.conditions(ExhIbit B): .
Total Value:$0.00 .. .. .: .. . .
• Amount:
This is not an authorization to proceed with work involving additional costs and/or time.Notification must b a given in accordance with
the:contract documents If any response causes any changes to the contract.. '
R o , it , �gy�RICEI: • titi •
Recommended by CIP Capital Project.- Approved by Contractor; ... •
,jp; . uu 2. It . . Coordinator: .
Chen u•ore a :As oci tes;Inc.- ' . N/A . . Ric-Man Constructio Florida Inc. • - •
Signed :. .. Signed Sig„Q;,. -.
Date::. .• • . Date: .Date;:J 4/ Uzi. 1 j l .
• Recommended by Engineer of Record: • : Approved by Sr.Capital Project Coordinator: 'Approved Division Director:
: CES.Consultants I N/A': . .• • David A:Gomez. ..
:. Si n • - ,• • '.Signed: : - ..:Signed... . (. - 1 . .
Date Date
/so.er. ' .. (1....„$..22.
Page t or I .
EXHIBIT„B,,
FORM OF HARMONIZATION AGREEMENT
8 .
f
j
•
• " . . . • •
MIAMIBEACH
.
. - . .
• 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 totheCity
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 perform the:Drainage•Work•(as defined below)and to construct•permenent improvements asshown ,
.
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(as defined
below); 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 r properties, including the Property (the • .
"Harmonization.Work');and.
• insln of stormwater drains to.be connected to the City's stormwater collection system:(including any .•- .
. . .
, .- : , I.replacements.of such stormwater,drains in the future.by the:City, the"Drainage Work,' and together-with
the Harmonization Work, the"Work");and • • . -
• Water/Sewer of the
ruct tinreg water distribution/transmission systems. and .gravity.sanitary sewers (the
replacement the existin 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 • .-
benefitfrom.the Project, including the Work to be performed on the Property Accordingly,the license and
rights ranted to•the Cityand-other authorities having •g g . 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 respective :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
The:City, at its sole:cost, will implement the necessary site grading, harmonization and landscaping only within .
areas of the Property requiring.:harmonization due to the•Roadway Elevation.Work-(the"Harmonization Area"):To .. • •
. 'the extent practicable; and:taking:into account limitations.such as the.availability of materials,.in the process of
.• performing the Harmonization Work;the-Contractorr shall-restore the Property as closely as possible.to the condition
of.the property prior to the construction of-the street improvements:The Contractor will use commercially reasonable
• • :efforts.to substitute damaged pavers and/or other driveway finishes within the.Harmonization Area with materials
that are like-kind, provided; neither.the Contractor.nor the City guarantees.that-any.substitute material will match
.- the materials being replaced,and/or other pre-existing:materials in other areas of the Property. The Harmonization
. . . ,. :Work at..the Property as..reflected in-Exhibit B:and/or supplemental sketches and renderings_shell-be•subject to
: review and:approval by Owner or Owner's authorized representative prior to:implementation,-such-approval•not to -
Page 2-of 8. • .
be unreasonably withheld, delayed or.conditioned. Subject to such approval, Owner consents to the construction
of the:Harmonization Work at the Property.
Encroachments on Right of Way .•
• If there are encroachments emanating from the Property into the right of way that impact.the.Work, the City will
: provide:notice to Owner in the form of Exhibit C advising that the City has authorized the Contractor to remove the
encroachments and, if,Owner•requests and if appropriate and practicable (i:e., if:the encroachments consist of :.
•
pavers or other reusable materials),the Contractor shall store the materials on:the Property for future re-installation
by Contractor..In 'the case of;pavers,or other. driveway finishes that cannot be removed without damage, the
Contractor will restore the right of way, to the extent practicable;to the condition existing in the:right of way prior to
construction of the improvements constituting the Work.. The Contractor will use commercially reasonable efforts .
• . • to:substitute damaged pavers.and/or other driveway finishes that were encroachments in the:right of way with :
materials that are like-kind, provided, neither the Contractor nor the City guarantees that any substitute material will
match the materials being replaced and/or other pre-existing materials In,Other areas of the'Property: Call boxes, • .
card readers, gates-, gate motors and fire protection devices that:are. in•the right of way will be removed and-
: : reinstalled on:the Property. Contractor shall remove any other encroachments in the right of way and place on the .
Property or dispose at the direction of the Owner. When required to perform the Harmonization Work,the Contractor •
shall remove and,when feasible,relocate trees-between 3"and 6"diameter from the Harmonization Area to another -
- : • suitable area within.the Property, at no cost.to Owner..Trees greater than 6". in diameter, which .will,not-survive •
- .. : relocation,:will be protected in place-at no cost to the Owner. - •
:Maintenance of the Harmonisation 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,.
includingthe upkeep ofgraded areas, relocated trees.and new sod/landsca in Ownercknowled es and.a rees-
p• g• . g 9
neither the City nor the Contractor shall•have any-responsibility relating.to any 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 other' •
City-property;provided, Owner shall remain responsible for the maintenance of any-landscaping within the right of ..
way.adjacent•to O.wner's: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
.Sut_bjecto:the approval.of:allauthorities having jurisdiction,:the Contractor 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:.Contractor's_engineer and 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 thatthe Class .. .
II permit includes ..terms and conditions to comply •with all applicable requirements'of the Miami-Dade County. :.
,Code_ including the environments. . I 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 ll permit:application.and/or such ordinances.
Owner further acknowle.dges:that the City must also apply for:an ERP from the South Florida Water.Management •
District (the "District") :by filing: Form: 62-$30.06.0(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 700.7.,(the"SFWMD Application"): Upon Owner's written request, the:City shall furnish
or'provide an electronic'fink-.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.
Page 3of8. .
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 andtheir 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 maybe reasonably required, ..
The City shall provide.not, less than 24 hours'',prior notice to Owner in connection with inspections by the City,
:. provided, such notice shall- not be required in emergencies:. -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. . � : •� . . -
: , : 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.nec:essary,for the review of the Drainage Work and other activities specified:inthe SFWMD;Application; . .. : :
(y) authorizes theseagents or-personnel to enter the Property as,many times as may be necessary to make such
review,inspection;•and/or;sampling end(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 SFWM.D 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.complleted (Din.a good and workmanlike manner,
(ii)_free from liens and defects,:and (iii) in:full compliance with all laws„rules, regulations,,,'ordinances, codes.and .
• . f.other requirements o governmental and quasi-governmental authorities.having jurisdiction:. .• ' .'
. . . . :.Indemnification .• .
Solely to:the:extent and limits permitted by Section 768:28.ofthe.Florida Statutes, and without waiving any.rights
or defenses thereunder;the City,shall indemnify, defend and.hold.harmless the Owner frorn and against any and . •
all claims;suits,,actions, damages'or causes.'of:actions for propertydamage;or bodily injury(collectively,."Claims")
incurred.by Owner to the extent arising out of the negli9ence or willful misconduct of:the City; its employees;agents
: and(contractors in:the performance of the Work:The City 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) of1he 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:' ' :, :• . : . .' .
•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 thro-ugh its Public Works Director:(or.his or her 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 en.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 draftershall'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 le- gal meaning or construed'as deletedas'such authority determines, and the remainder of this
Page 4of8
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 :
that any dispute,claim or controversy between;them relating to or arising underthis Agreement("Dispute")
will first be submitted, by written notice, to a designated:representative of:both City and Owner who will
meet et .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 ihe Environmental Resource:Permit Applicant's
Handbook Volume 1, 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 1.
PROPERTY NAME/ADDRESS'.
TELEPHONE
PRINT NAME TITLE
SIGNATURE DATE :.
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE. )
The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online
notarization, this day of 20 by , 0 individually or 0 as
of on;behalf of the company:.He is personally known
to me or has produced as identification and who did/did not
take an oath:
NOTARY PUBLIC.
• Typed or printed Name.of Notary
My Commission expires:
Serial No:,.if any
Page 5.of 8
RETURN INSTRUCTIONS
PLEASE COMPLETE AND RETURN ORIGINAL SIGNED FORM TO RIG-MAN CONSTRUCTION
FLORIDA, INC..
City of Miami Beach Ric-Man Construction.Florida, Inc.
By:. By: ,(�
Name:. Name: M./d-LAEL F%sceiz r2 .
Title: Title: Co a •
Exhibit A
Legal Description of the Property
Exhibit B
Harmonization Work
Exhibit C
Notice of Intent to Remove Encroachments
•
•
. .
- • •• •••H . • .: ;
. .
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city of Miami'Beach,.1700 Convention Center Drive,.Miami Beach,FL'33139;www;rriiamibeachfl.gov -• •.
• : [NAME] •
• [MAILING ADDRESS] • • - • . : •
..Re:. West.Avenue Neighborhood Improvements Project . ..
: [PROPERTY.ADDRESS] ("Your•Property") :
.. • Notice•of Existing:Encroachment into Right of Way •
Dear Property Owner; •.
• As.you are'aware,the City's contractor,:Ric-Man.Construction Florida,:Inc..(the"Contractor")will soon commence the :
. •West Avenue Neighborhood Improvements Project,Which will include elevation of 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"): In.addition,the Contractor . :- •
. • will:harmonize'the: elevated: roadways to•the..adjacent properties, including.Your.Property..if you:have signed.a •--
Harmonization Agreement:and Irrevocable License and Authorization (the "Harmonization:Work")and,.if you:have •
requested and.authorized.by signing a Harmonization Agreement, install stormwater drains to be..connected to-the •
•
City''s'storrilwater collection system (the,"Drainage Work,'°and together.with the Roadway:Elevation Work and.the.
• Harmonization Work,the"Work"): The.City,has surveyed.the right,of way adjacent to•Your Property-and•determined •
the following encroachments exist: •• • • • • • • •
[Describe Encroachment 1]. • -
•. • [Describe Encroachment-2]: • .
•• :• [Describe Encroachment. 3]"
. -[Etc.] • • :
•
(collectively;the.: Encroachments.")
.
The:City has authorized the Contractor to remove the•Encroachments and, if.you request and if appropriate and
practicable.(i:e.,-if the encroachments:consist of payers or.other reusable materials),the Contractor shall store the
materials:on.Your Property:for:future re-installation by Contractor In the case•of pavers or:other drivewayffinishes that
• cannot.be :removed without damage,the:,Contractor will.restore the right...Of way,::to the:extent practicable, to:the
condition existing in the right Of way prior to 6OnstrUction of theimprovements constituting the•Work. :The Contractor
will use-commercially reasonable efforts::to•substitute damaged payers and/or other driveway finishes that Were:
• encroachments in the right of.way with materials:that are like-kind,- provided",.,neither-the Contractor nor the.City
guarantees.that:any substitute material will"match the materials being replaced and/or other pre-existing materials:in •
-
- other areas of the Property. Call:boxes,card readers, gates, gate motors and fire protection devices that are in the
right of way will be removed and.reinstalled on the,Property+Contractor shall remove any other encroachments in th.e •
right of way and place on the Property or dispose at the direction.•of the Owner.:. When required to perform the •
Harmonization Work,the Contractor shall remove and,.when feasible,relocate trees between 3"and.6"diameter •
the Harmonization Area to another suitable area within the Property,at t no cost to:Owner: Trees greater;then.6"
• •diameter,which will not•survive:relocation,.will be protected:in place at no cost to the Owner: • : •
• : Ifyou have:any questions or concern s,please contact • . . •by email at :• :: or bytelephone
•at .
:. We are committed to providing excellent public senfice•and safety to ail who•live;work and play in our vibrant,tropical,historic community:
Sincerely,
•
Public Works •
•
•
•
•
•
•
We are committed to providing excellent public service and safety to all who live,work and play in our vibrant tropical,historic community:
EXHIBIT"C"
PROJECT SEGMENTS
•
WEST AVE - PROPOSED CONSTRUCTION SEGMENTS - NORTH 091
•
m F. I o ., 1t _
}
c I- Lincoln Court t' t a+ t' _
a
0 Bay Roaa Bay Road Bay Road Bay Road • } -�+
I".
0)I LtP ••itti 2 - 20' ` 'it� ' M�T •
L t + j R e 0
IZ 1 t 0 s' , c •_--WELL 0.'—_ .'41i J
K d .`. •
a.
ioN4
i ,
��. West Avenue .Vf� .-. r
U, West Avenue West Avenue ost A '( '•
W 2 - 20' , z - 15 2 - is' 2 _ 15. l-- ' h _
...� jam o 0 0 , wrs
z 4' F r _. «I 0 ,� w
WELL �_ tE , a
Alton Court "' L t C
uI., a - y o Alton Court i \ "
4.3 I a WELLS o C ' �ws. �- '•a� ,r ,
a t- In
a, , = L t s . .� r F fir. �'
�! a m 1 I Ln"i P a � i.
Alton Road - - Alton Road • ' -
t a l i c---:' "„ :°+ ,iu la Pelt t 11#�► 111.11 i Lid" .. ...:-.a art.- ,4,,,,ILI 1 -. o r'. �. t .ia-- -Y
•
_
• , ' f1-1-,..1 ' ' . - i ,-.44A . ' ti v1/41, - 1,
, .- .sr k I r' 1 1 3- lit ,
is ,4.ili ..jF
AN
DISCHARGE CORRIDO
(12 MTHS)
1 t • T"� il SEG Z-LINCOLNSRD,LINCOLN CT,BAY RD,AL
• iFTON CT SAN(8 MTHS)
ti •
•v �,} . .J • F+ SEG 3-WEST AVE FROM LINCOLN RD TO 16TH ST 8 16TH ST(5.5 MTHS)
JP w► SEG 4-LINCOLN TERR 8 BAY RD(3MTHS)
1 I-y_0 SEG 5-BAY RD FROM 16TH TO 15 ST AND 16TH ST(4 MTHS)
'� - e r t•• SEG 6-WEST AVE FROM 16TH ST TO 15TH ST 8 15TH TER(6.5 MTHS)
0 SEG 7-15TH ST,BAY RD 8 FLAMINGO WAY(3.5 MTHS)
I` l II a 14. •
Ai a' SEG 8-BAY RD,14TH CT TO 14 TERR(4.5MTHS)
II - "TT 3-• . . . .v - ' ',t f SEG 9-WEST AVE FROM 15TH ST TO 14TH ST AND 14TH CT(5MTHS)
1
EXHIBIT."D"
FORM.OF IRREVOCABLE LICENSE
•
1U
MJAAIUBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139,www.miamibea,chfl,goy,
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: s legally described in Exhibit A (the
"Property"),to perform the Drainage Work(as defined below),and for routine inspections, maintenance and repairs
of the improvements constituting the Drainage Work, all as set forth in greater detail below. The Work(as defined
below) 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 of owners who have elected to
participate in the private property harmonization program(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 has elected not to participate in the private property
harmonization program and, therefore, understands that the harmonization will be constructed in the right of way
abutting the Property. Owner has elected to allow the Contractor to perform the Drainage Work
Owner acknowledges and agrees that (a) the City, in reliance on the license granted herein, will be
expending substantial sums to perform the Drainage Work and (b) Owner and the Property will derive
substantial benefit from the Project, including the Drainage 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 respective 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.
Encroachments on Right of Way
If there are encroachments emanating from the Property into the right of way that impact the Work(including without
limitation the construction of a wall in the right of way), the City will provide notice to Owner in the form of Exhibit B
advising that the City has authorized the Contractor to remove the encroachments. If Owner requests and if
appropriate and practicable(i.e.,,if the encroachments consist of pavers or other reusable materials),the Contractor
shall store the materials on the Property, as close to the right of way as Contractor deems feasible, for Owner to
use on Property or discard.
Maintenance Of the Harmonization in the Right of Way
The City shall be responsible for the maintenance of such portions of the Harmonization Work in the right of way
and/or on other City property, provided, Owner shall remain responsible for the maintenance of any landscaping
within the right of way adjacent to Owner's 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").
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Drainage Work
Subject to the.approval of all authorities having jurisdiction, the Contractor 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 Contractor's :engineer and 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 Class Ili 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 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 Cityof Miami Beach,DRER and: •
the District.
If the Property is re-developed:orsubstantially 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 h 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 bereasonably required:
The City shall provide.not less than 24 hours prior notice to Owner in connection with inspections by the City,
provided,_such notice..shall not be required in emergencies. 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:
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/orsampling 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 expense5 associated
with the design; permitting, construction and installation of the Drainage Work shall be paid in full by the City.
Performance of the Work •
• The design and construction of.all Drainage 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.
Page 3of6, . .
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. 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:Drainage Work.The City 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.. . .
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 .
th.e Owner,the Citythrough 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 necessery,(the.".Term").'This'Agreement shall be recorded in the Public-Records of Miami-Dade
- County; Florida,etthe cost of City.:This Agreement and the rights,and.interests herein created and granted :
shall run with the land and bebinding on;all persons.holding title 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 • • .
. • .. • :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 gre.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,•QR ARISING OUT OF;. THIS AGREEMENT.AND,,
• . . - ACCORDINGLY,THE PARTIES AGREE THAT ANY TRIAL RELATING TO THIS AGREEMENT WILL BE
- • A BENCH.TRIAL; • -
Owner's 'i signature belows: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 : .
l 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-- -
Page 4 cif:6,
PRINT:NAME TITLE
SIGNATURE. DATE
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADS.
The foregoing instrument was acknowledged before me by means of❑ physical presence.or LI online
'notarization; this day of 20_by , LI individually or 0 as
of - ; on behalf of the company..He is personally known
to me or has produced as identification and who did/did not
• take an oath: :
NOTARY-PUBLIC •
Typed or printed.Name of Notary
My.Commission expires;
_Serial No:, if any
RETURN INSTRUCTIONS
PLEASE COMPLETE AND RETURN ORIGINAL SIGNED FORM.TO. RIC-MAN CONSTRUCTION
FLORIDA,.INC.
City of Miami Beach
By:. : •
Name:
Title:
Exhibit.A
Legal Description of the Property
Exhibit B
Notice.of Intent to Remove Encroachments
MIAMIBEACH
City of MiamiBeach, 1700 Convention Center Drive Miami Beach FL 33139 www miomtbeachf I gay
D AT
[NAME] .
[MAILING ADDRESS]
Re West Avenue.Neighborhood Improvements Project
[PROPERTY ADDRESS]("Your Property")
Notice of Existing Encroachment into Right of Way
Dear Property Owner,
As you are aware,the City's contractor, Ric:-Man.Construction Florida;Inc.(the"Contractor")will soon commence the
West Avenue Neighborhood.Improvements Project, which will include elevation of paved roadways within the West
Avenue neighborhood to a minimum crown=of-road elevation of 3:T.North American Vertical Datum (NAVD);.where :
possible; to Mitigate against current and future flood risk(the "Roadway Elevation Work"). In addition, as you have :
requested and executed an Irrevocable License, the Contractor Will install stormwater drains to-be connected to the
City's stormwater collection system(the'`Drainage Work, and together with the Roadway Elevation Work,the"Work").
The City has surveyed the right of way adjacent.to Your Property and determined the following encroachments.exist:
• [Describe Encroachment 1]. :
• [Describe Encroachment 2]
• [Describe Encroachment 3]
• [Etc.]
(collectively,the"Encroachments")
The City has;authorized the Contractor to.remove the Encroachments and,:if you request and if appropriate and
practicable(i.e.,:if the encroachments consist of pavers or other reusable materials);the Contractor shall store the-
materials:on.the Property,as close to the right of:way as Contractor deems feasible,for you to use on Your Property
or discard,as you see fit: .. ..
If you have any questions or concerns,please contact . . : by email at . : or by telephone
Sincerely,.
Public Works
We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,;historic community.;: