Resolution 2020-31244 RESOLUTION NO. 2020-31244
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE
CHANGE ORDER NO. 5 TO THE DESIGN/BUILD AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH, FLORIDA AND RIC-MAN CONSTRUCTION FLORIDA, INC., FOR THE WEST
AVENUE PHASE II IMPROVEMENTS SOUTH OF 14TH STREET PROJECT, FOR
ADDITIONAL DESIGN SERVICES ASSOCIATED WITH ADDITIONAL WATER QUALITY
TREATMENT, AS REQUIRED BY THE MIAMI-DADE COUNTY REGULATORY AND
ECONOMIC RESOURCES DEPARTMENT (RER), IN THE NOT-TO-EXCEED AMOUNT OF
$581,195, PLUS 10% OWNER'S CONTINGENCY IN THE AMOUNT OF $58,119, FOR A
TOTAL CONTRACT VALUE OF$21,631,252.85; SUBJECT TO AND CONTINGENT UPON AN
APPROPRIATION OF FUNDS, AT THE CITY COMMISSION'S SOLE DISCRETION, VIA THE
THIRD CAPITAL BUDGET AMENDMENT FOR FY .19/20 CAPITAL BUDGET, TO BE
CONSIDERED AT THE APRIL 22, 2020 CITY COMMISSION MEETING, AND FURTHER, IF
SUCH BUDGET AMENDMENT IS APPROVED, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FINAL NEGOTIATED CHANGE ORDER NO. 5.
WHEREAS, on March 22, 2017, the Mayor and City Commission adopted Resolution No.
2017-29799, awarding design/build services to Ric-Man Construction Florida, Inc. ("Ric-Man" or
"Design Builder"), for West Avenue South of 14th Street Improvements Phase II - South of 14th
Street (the "Project") with the guaranteed maximum price of $12,809,754, including a 10%
contingency (the "Agreement"); and
WHEREAS, on December 13, 2017, the City Commission referred all planned and in-
progress resiliency projects to the Sustainability and Resiliency Committee for further evaluation
of stormwater criteria and design; and
WHEREAS, at that time, Ric-Man had completed approximately 60% of the Project
design, but stopped further development of this Project, including its design, due to the action by
the City Commission; and
WHEREAS, on January 11, 2018, Change Order No. 1 was executed for a 30 day non-
compensatory extension of time to the overall Contract Time set forth in the Agreement, due to
the impact of Hurricane Irma; and
WHEREAS, on January 5, 2018, Change Order No. 2 was executed in the amount of
$1,468,359, for funding of the above-ground improvements, to the Project, with no additional time
extension, increasing the cost of the Agreement to $14,278,113; and
WHEREAS, during the months of January through March 2018, the Sustainability and
Resiliency Committee reviewed and evaluated the City's design criteria for stormwater
management and also sought independent outside review by the Urban Land Institute (ULI); and
WHEREAS, the ULI is also a partner of a professional network that provides resiliency-
building tools, called the 100 Resilient Cities Network; and
WHEREAS, on April 2018, the City entered into a successful partnership with the Urban
Land Institute in order to review the City's Stormwater Resiliency Program; and
WHEREAS, the ULI's preliminary findings were not only a validation of the City's initial
efforts, but also a call to raise standards to ensure a livable and sustainable community; and
WHEREAS, on May 31, 2018, the West Avenue project was selected to participate in the
Resilience Accelerator; and
WHEREAS, the Resilience Accelerator Program is a partnership between 100 Resilient
Cities and the Center for Resilient Cities and Landscapes at Columbia University; and
WHEREAS, the Rockefeller Foundation has funded this program with a $3.7 million grant
to connect the diverse challenges of a global network of cities to the expertise of the world's top
schools of planning and design; and
WHEREAS, in June 2018, 100 Resilient Cities and Columbia University held meetings
with City staff and members of the community to present information and obtain feedback on the
West Avenue Project; and
WHEREAS, on August 6-8, 2018 a Resilience Accelerator workshop was held, and
Columbia University and the City's Chief Resiliency Officer brought together multi-disciplinary
expertise to provide guidance on urban design, innovative engineering solutions, and stakeholder
engagement; and
WHEREAS, the City's team consisted of the design build team headed by Ric-Man, staff
from City Manager's Office, Office of Capital Improvement Projects (CIP), Environment &
Sustainability, Fire, Parking, Planning, Public Works, and Transportation Departments, and
subject matter experts in engineering, architecture and urban design; and
WHEREAS, over the course of the three-day workshop, the team identified appropriate
enhancements based on the Project's lifecycle, existing and future site challenges, and feedback
from the local community; and
WHEREAS, on September 4, 2018, a meeting was held with the West Avenue
Neighborhood Association (WAVNA) and on September 21, 2018, a meeting was held with the
North of Fifth Neighborhood Association (NOFNA), to present the findings of the Resilience
Accelerator Workshop; and
WHEREAS, on September 26, 2018, Staff presented the findings of the Resilience
Accelerator Workshop to the Sustainability and Resiliency Committee; and
WHEREAS, on October 17, 2018, the City Commission accepted the recommendations
of the Resiliency Accelerator and the final ULI Report for implementation; and
WHEREAS, the City Commission directed staff to look into alternate road systems,
replacing the typical limerock road base with an alternate asphalt blacktop base; and
WHEREAS, an alternate road system would substitute the typical road construction that
consists of a 2-inch layer of asphalt over 8 inches of limerock base over 12 inches of stabilized
sub-grade with 7 inches of asphalt over the 12 inches of stabilized sub-grade and could cost
approximately$651,000; and
WHEREAS, during the Resilience Accelerator workshop, the team worked through
concerns identified by the community, as well as other issues raised during the workshop,
including road elevation; road harmonization with private properties; turning lanes vs. roadway
medians; pedestrian and bicycle prioritization; enhanced walkability; enhanced tree canopy;
stormwater quality; baywalk connectivity and construction phasing; and
WHEREAS, based on the Accelerator Program Recommendations, the Project elements
to remain in the project include 3.7' NAVD Minimum Road Elevation and three continuous
vehicular travel lanes; and
WHEREAS, the City has reached a consensus with the community as it relates to street
cross-sections, road elevations, traffic lanes and stormwater criteria, therefore, the project will
continue to be developed based on this consensus including the Resilience Accelerator and
Design Criteria Professional recommendations; and
WHEREAS, opportunities to fine tune the design (without material changes) would take
place during the completion of the 60% and 90% design documents; and
WHEREAS, Ric-Man will meet individually with each property in the corridor to discuss
harmonization before construction begins; and
WHEREAS, the Resilience Accelerator participants recommend for the pedestrian space
to be maximized, with the new proposed criteria will require that 40 feet of ROW be dedicated to
bicycles, pedestrians and greenspace, and only 30 feet be dedicated to vehicles; and
WHEREAS, based on safety needs along the corridor, location of required turn lanes,
location of building entrances and exits, and maintenance of traffic flow it was not recommended
to add center medians, therefore the center lane will be used as a turning and access lane; and
WHEREAS, the preferred approach is to focus on enhancing the pedestrian and bicycle
experience where possible along West Avenue and at the bay front and Collins Canal street ends,
with more pedestrian friendly spaces, such as small plazas, public art, and other aesthetic
improvements; and
WHEREAS, the West Avenue typical section South of 14th Street will reflect two 5.5' wide
protected bike lanes, one on either side of the road; two 10' wide lanes, one northbound and one
southbound vehicular travel lane and one 10' foot two way center lane; a 17' "Rambla style"
Sidewalk with enhanced tree canopy and landscaping on the east side of West Avenue and a 5'
ADA sidewalk and 4' planter on the west side of West Avenue; and
WHEREAS, maintaining high water quality standards are an integral component to the
success of this project, therefore, the design will address the quality of the water being discharged
from the pump station into Biscayne Bay through pollution control devices; and
WHEREAS, based on the City's internal review, ULI Report and recommendations from the
Resilience Accelerator, the following items should be included in the Project:
1. Updating the design criteria for storm protection from a 5-year to a 10-year storm event;
2. Installing four(4)permanent stormwater auxiliary power generators at three locations; one
(1)at 5th Street, one (1)at 6th Street and two (2)at 10th Street. Permanent generators will
provide redundancy during power outages to the existing pump stations. The location of
the generators will be coordinated with the Planning and the Environment& Sustainability
Departments to.ensure an enhanced street end design. The generator for 5th Street and
one of the two generators for 10th Street are for pump stations installed by FDOT;
3. Resurfacing the Alton Court alleyway from 8th Street to 14th Street;
4. Increasing resident participation, to include public interface, presentations, exhibits,
meetings and design work, related to private property harmonization;
5. Updating and enhancing with additional landscape, and lighting to accommodate more
tree canopy, wider sidewalks where possible, and pavers to provide an enhanced
pedestrian experience and connectivity to the baywalk, as well as the enhancing the 10th
Street street-end;
6. Resurfacing and striping of West Avenue from 6th Street to 8th Street;
7. Protecting all specimen trees defined by the City Code throughout construction. The
landscape designer and the contractor will work with the Urban Forester to ensure
specimen trees are protected during construction to minimize the impacts to mature tree
canopy;
8. Installing a Concrete Sidewalk addition on the North side of 6th Street between West
Avenue and Alton Road.
9. Interfacing with the residents, create additional exhibits, attend monthly meetings, visits
and presentations; and
WHEREAS, based on the Design/Builder's inability to move forward with the Project
• during the evaluation of the stormwater criteria and design, listed below are the associated costs:
1. Salary and Labor cost escalation due to work stoppage for approximately one year;
2. Material and commodity escalation; increased costs of materials, asphalt, pump
equipment, electrical equipment, concrete and fuel costs, due to work stoppage for
approximately one year;
3. Re-start impact; loss of efficiency, loss of employees, overhead costs, re-hire fees; and
WHEREAS, the Design/Builder submitted a proposal in the amount of$5,950,000, for the
recommendations listed above; and
WHEREAS, based on the Design Criteria Professional's recommendations, an analysis is
recommended for pre and post storm measurements and conditions, depicting the results of the
improvements, and would consist of an analysis modeling the existing storm drainage system and
comparing it to an analysis that models the storm drainage of the same area but with the
implementation of the 10 year storm design proposed, which includes additional pump stations,
the increased pipe sizing and all other new,added components to determine the different volumes
of stormwater evacuated by the improvements; and
WHEREAS, Ric-Man submitted a proposal for additional scope in the amount of$20,000;
and
WHEREAS, Change Order No. 3 for the West Avenue Phase II Improvements South of
14th Street Project, included additional design and construction services associated with the
recommendations by the Resiliency Accelerator Program, other elements added by the Design
Criteria Professional and Design/Builder costs in the not-to-exceed amount of $5,950,000, plus
10% owner's contingency in the amount of$595,000; and
WHEREAS, on December 12, 2018, City Commission adopted Resolution No. 2018-
30653, authorizing the City Manager to negotiate Change Order No. 3 for additional design and
construction changes associated with the recommendations by the Resiliency Accelerator
Program, the ULI report and recommended additional scope for a total of$6,567,000, including
contingency; and
WHEREAS, on April 30, 2019, Change Order No. 3A was executed in the amount of
$353,094.85 as the first partial request from the Design/Builder for the costs incurred in support
of the Urban Land Institute's Resiliency Effort Accelerator, re-start Impacts and 10 year Storm
Drainage Modeling, increasing the cost agreement to $14,631,207.85; and
WHEREAS, on June 16, 2019, Change Order No. 3B was executed in the amount of
$6,213,895.00 as the second partial request from the Design/Builder for the costs incurred in
support of the Urban Land Institute's Resiliency Effort Accelerator and Design Criteria
Enhancements, increasing the cost agreement to $20,845,102.85, including a 10% Contingency;
and
WHEREAS, on September 17. 2019, Change Order No. 4 was executed in the amount of
$146,836.00 to account for the 10% contingency for the above-ground improvements,which were
previously added to the Agreement as Change Order No. 2, increasing the cost agreement to
$20,991,938.85; and
WHEREAS,the purpose of the West Avenue Project is to address flooding conditions and
upgrade aging infrastructure, and the purpose of the Resilience Accelerator was to test and
evaluate elements of the West Avenue Project to come to a compromise with modifications that
enhance the Project's resiliency and builds community consensus, while remaining fiscally
responsible; and
WHEREAS, one of the requirements to obtain a permit from the Miami-Dade County
Regulatory and Economic Resources Department (DRER),in order to discharge stormwater into
the bay (Class II permit), is the inclusion of sufficient water treatment capacity, and the Project
team has held multiple discussions and meetings with DRER to discuss project approach and
proposed water quality treatment components; and
WHEREAS, DRER has emphasized that although Projects were previously permitted
using mechanical treatment, future projects would not be permitted without retaining the first inch
and a half of rainfall runoff and therefore, involving additional design and construction efforts,
beyond what was identified in the Design Criteria Package (DCP); and
WHEREAS, Ric-Man submitted a proposal (Attachment A) for the design of additional
quality treatment in the amount of$581,195 for the section south of 14 Street, and once the design
is completed and approved by DRER, the Design/Builder will determine the additional
construction costs and time impacts associated with the additional water quality components; and
WHEREAS, this Change Order No. 5 will include additional design services associated
with the recommendations by the DRER for additional water quality treatment that will address
the first inch and a half of run-off from the stormwater system prior to entering Biscayne Bay; and
WHEREAS, the proposed additional not-to-exceed costs for the section south of 14 Street
shall be $581,195 plus 10% owner's contingency in the amount of $58,119 for a not-to-exceed
total of$639,314; and
WHEREAS, this Change Order 5 will increase the existing Agreement with Ric-Man from
$20,991,938.85 to $21,631,252.85, for West Avenue South of 14th Street Improvements Phase
II Project, including contingency; and
WHEREAS, the scope included in these not-to-exceed proposals submitted by the
Design/Builder was reviewed and analyzed by CIP, Environment and Sustainability and the Public
Works Departments and was found to be an adequate means of addressing storm water quality
of an acceptable order of magnitude considering the complex logistics of construction; and
WHEREAS, funding will be addressed as part of the next Capital Budget Amendment;
and
WHEREAS, the Administration recommends that the Mayor and City Commission adopt
the resolution approving and authorizing the City Manager to negotiate Change Order No. 5 with
Ric-man Construction Florida, Inc., for the West Avenue Phase II Improvements South of 14th
street for a not-to-exceed amount of $581,195 plus 10% owner's contingency in the amount of
$58,119 for a not-to-exceed total of$639,314,which shall ultimately be contingent upon the City
Commission's appropriation of funds during the third Capital Budget Amendment for FY 19/20;
and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve and authorize the City Manager to.negotiate Change Order No. 5 to the
Design/Build Agreement between the City of Miami Beach, Florida and Ric-Man Construction
Florida, Inc., for the West Avenue Phase II Improvements South of 14th street Project, for
additional design services associated with additional water quality treatment as required by the
Miami-Dade County Regulatory and Economic Resources Department (RER) in the not-to-
exceed amount of$581,195, plus 10% Owner's Contingency in the amount of$58,119, for a total
contract value of$21,631,252.85; subject to and contingent upon an appropriation of funds at the
City Commission's sole discretion, via the third Capital Budget Amendment for FY 19/20 Capital
Budget, to be considered at the April 22, 2020, City Commission meeting and further, if any such
Budget Amendment is approved, authorizing the City Manager to execute the final negotiated
Change Order No. 5.
PASSED and ADOPTED this o?o2 day of 4Pr/ f , 2020.
2-241----_.„
Dan Gelber, Mayor
ATTEST:
r APPROVED AS TO
FORM & LANGUAGE
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Rafae E. Granado, Clit
erk =� �B ey, V e
City Attorney 1,/. Date
1IIICORPTRATEDI /