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2018-30652 Resolution RESOLUTION NO. 2018-30652 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. 3 TO THE DESIGN/BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND RIC-MAN CONSTRUCTION FLORIDA, INC., FOR THE WEST AVENUE PHASE II IMPROVEMENTS NORTH OF 14TH STREET PROJECT, FOR (1) ADDITIONAL DESIGN AND CONSTRUCTION SERVICES, INCLUDING, WITHOUT LIMITATION, DESIGN AND CONSTRUCTION ASSOCIATED WITH THE RECOMMENDATIONS BY THE RESILIENCY ACCELERATOR PROGRAM, FOR A NOT-TO- EXCEED AMOUNT OF. $12,800,000, PLUS 10% OWNER'S CONTINGENCY IN THE AMOUNT OF $1,280,000; AND (2) RECOMMENDED ADDITIONAL SCOPE, INCLUDING ADDITIONAL PUMP CAPACITY AND PRE AND POST STORMWATER ANALYSIS, IN THE NOT-TO-EXCEED AMOUNT OF $3,349,000, PLUS 10% OWNER'S CONTINGENCY IN THE AMOUNT OF $334,900; WITH SAID CHANGE ORDER NO.,3 HAVING A TOTAL CONTRACT VALUE, INCLUDING OWNER'S CONTINGENCY, IN THE AMOUNT OF $17,763,900; FURTHER, PROVIDING THAT A PORTION OF CHANGE ORDER NO. 3, IN,THE AMOUNT OF"$8,503,753.49,SHALL BE FUNDED WITH PREVIOUSLY APPROPRIATED FUNDS, AND THE REMAINING BALANCE OF CHANGE ORDER NO. 3, IN THE AMOUNT OF $9,260,146.51, SHALL BE SUBJECT TO AND CONTINGENT UPON AN APPROPRIATION OF FUNDS AT THE CITY COMMISSION'S SOLE DISCRETION, VIA A CAPITAL BUDGET AMENDMENT TO BE CONSIDERED AT THE DECEMBER 12, 2018 CITY COMMISSION MEETING, AND FURTHER, IF ANY SUCH BUDGET AMENDMENT IS APPROVED, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED CHANGE ORDER NO, 3. WHEREAS, on March 22, 2017, the Mayor and City Commission adopted Resolution No. 2017-29800, awarding design/build services to Ric-Man Construction Florida, Inc. (Ric- Man), for West Avenue North of 14th.Street Improvements Phase II - North of 14th Street (the "Project"), with the Guaranteed Maximum Price of $29,669,344, .including a 10% Owner's Contingency; 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 total Contract Time set forth in the Agreement, due to the impact of Hurricane Irma; and WHEREAS,. on March 16, 2018, 'Change Order No. 2 was executed in the amount of $3;270,932 for funding of certain above-groundimprovements to the project, with no additional time extension, increasing the cost of the Agreement to $32,940,276; 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 citywide 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, the 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 the 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 alternateroad 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$1,015,000; 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, the roadway elevation in the design criteria for the West Avenue Project requires minimum road crown elevation of 3.7' NAVD; and WHEREAS, the design/build team 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 to 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 North of 14th Street will reflect the following, 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; 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. Relocating the water main and sanitary sewer service connections from the rear to the front of lots; 2. Updating the design criteria for storm protection from a 5-year to a 10-year storm event; 3. Installing five (5) permanent stormwater auxiliary power generators at four locations; two (2) at 14th Street, one (1) at 17th Street, one (1) at Bay Road and one (1) at Lincoln Road. Permanent generators will provide redundancy during power outages. The location of the generators will be coordinated with the Planning and the Environment & Sustainability Departments to ensure an enhanced street end design, and one of the two generators at 14th Street will service an existing FDOT pump station; 4. Installing 560' of 18" PVC pipe as sanitary sewer, with 30 laterals and associated manholes at Alton Court. 5. Increasing resident participation, to include public interface, presentations, required workshops, exhibits and meetings, related to private property harmonization.. 6. Updating and enhancing all street ends, including 14th Street, 16th Street, Lincoln Terrace, Lincoln Road, Lincoln Court and Bay Road ( From Lincoln Road to the canal), to accommodate more tree canopy, wider sidewalks where possible, and pavers to provide an enhanced pedestrian experience and connectivity to the baywalk. 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; and 8. Interfacing with the residents, create additional exhibits, attend monthly meetings, visits and presentations; and WHEREAS, based on Ric-Man'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 $12,800,000, for the recommendations listed above; and WHEREAS, based on the Design Criteria Professional's recommendations, the following items should be considered: 1. An analysis of pre and post storm measurements and conditions, depicting the results of the improvements. This would consist of an analysis modeling the existing storm drainage system and comparing it to an analysis thatmodels 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, for a cost of$30,000; 2. An additional two (2), 20,000 GPM pumps and associated structures to be added to the proposed Lincoln Road Pump Station, including the associated increases in valve sizes, piping, electrical upgrades, generator upsizing, increased platform .and all other associated improvements, for a cost of$3,319,000; and WHEREAS, the Design/Builder submitted a proposal for additional scope in the amount of$3,349,000; and WHEREAS, this Change Order No. 3, for the West Avenue Phase II Improvements North of 14th Street Project, will include 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 $12,800,000, plus 10% owner's contingency in the amount of $1,280,000 for a total of $14,080,000; and WHEREAS, the recommended additional scope, including additional pump capacity and pre and post stormwater analysis, is in the not-to-exceed amount of $3,349,000, plus 10% owner's contingency in the amount of$334,900, for a total of$3,683,900; and WHEREAS, the total not-to-exceed amount for this Change Order, including additional scope and contingency, will be $17,763,900; and WHEREAS, this Change Order will increase the existing $32,940,276 contract with Ric- Man Construction to $50,704,176, including contingency; and WHEREAS, the Design/Builder has submitted this not-to-exceed cost.proposal, which was reviewed and analyzed by CIP, Environment and Sustainability and the Public Works Departments and was found to be of an acceptable order of magnitude considering the complex logistics of construction; and WHEREAS, this Change Order No. 3 is subject to and contingent 'upon funding availability and an appropriation of funds at the City Commission's sole and absolute discretion, with such funding to be addressed as part of a future Capital Budget Amendment to be considered on December 12, 201.8; and WHEREAS, potential funding sources could include Waterand Sewer Bonds, Stormwater Bonds, the County's Interlocal Agreement funds, or other funds. 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. 3 to the Design/Build Agreement between the City of Miami beach, Florida, and Ric-Man Construction Florida, Inc., for the West Avenue Phase II Improvements North of 14th Street Project, for (1) additional design and construction services, including but not limited to thoseassociated with the recommendations by the Resiliency Accelerator Program, for a not-to-exceed amount of $12,800,000, plus' 10% Owner's Contingency in the amount of $1,280,000; an (2) recommended additional scope, including additional pump capacity and pre and post stormwater analysis, in the not-to-exceed amount of $3,349,000, plus 10% Owner's Contingency in the amount of $334,900; for a total contract value of of $17,763,900, including Owner's contingency; further, providing that a portion of Change Order No. 3, in the amount of $8,503,753.49, shall be funded with previously appropriated funds, and the remaining balance of Change Order No. 3, in the amount of$9,260,146.51, shall be subject to and contingent upon an appropriation of funds at the City Commission's sole discretion, via a capital budget amendment to be considered at the December.12, 2018 City Commission meeting, and further, if any such budget amendment is approved, authorizing the Mayor and City Clerk to execute the final negotiated Change order No.3. PASSED and ADOPTED this /.9- day of , 2018. O 4-an Gelber, Mayor ATTEST: Alf [id 1 dk rvafe Ra ael E. ranado, Cit ' e � .. FORM&LANGUAGE &FOR EXECUTION .INCORP ORATED (0.1 3L)if. City Attomey p_ltveDate CI-12 26\ •>'' Resolutions - R7 F MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: December 12, 2018 SUBJECT: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. 3 TO THE DESIGN/BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND RIC-MAN CONSTRUCTION FLORIDA, INC., FOR THE WEST AVENUE PHASE II IMPROVEMENTS NORTH OF 14TH STREET PROJECT, FOR (1) ADDITIONAL DESIGN AND CONSTRUCTION SERVICES, INCLUDING, WITHOUT LIMITATION, DESIGN AND CONSTRUCTION ASSOCIATED WITH THE RECOMMENDATIONS BY THE RESILIENCY ACCELERATOR PROGRAM, FOR A NOT-TO-EXCEED AMOUNT OF $12,800,000, PLUS 10% OWNER'S CONTINGENCY IN THE AMOUNT OF $1,280,000; AND (2) RECOMMENDED ADDITIONAL SCOPE, INCLUDING ADDITIONAL PUMP CAPACITY AND PRE AND POST STORMWATER ANALYSIS, IN THE NOT-TO-EXCEED AMOUNT OF $3,349,000, PLUS 10% OWNER'S CONTINGENCY IN THE AMOUNT OF $334,900; WITH SAID CHANGE ORDER NO. 3 HAVING A TOTAL CONTRACT VALUE, INCLUDING OWNER'S CONTINGENCY, IN THE AMOUNT OF $17,763,900; FURTHER, PROVIDING THAT A PORTION OF CHANGE ORDER NO. 3, IN THE AMOUNT OF $8,503,753.49, SHALL BE FUNDED WITH PREVIOUSLY APPROPRIATED FUNDS, AND THE REMAINING BALANCE OF CHANGE ORDER NO. 3, IN THE AMOUNT OF $9,260,146.51, SHALL BE SUBJECT TO AND CONTINGENT UPON AN APPROPRIATION OF FUNDS AT THE CITY COMMISSION'S SOLE DISCRETION, VIA A CAPITAL BUDGET AMENDMENT TO BE CONSIDERED AT THE DECEMBER 12, 2018 CITY COMMISSION MEETING, AND FURTHER, IF ANY SUCH BUDGET AMENDMENT IS APPROVED, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED CHANGE ORDER NO. 3. RECOMMENDATION The Administration recommends adopting the Resolution. ANALYSIS On March 22, 2017, the Mayor and City Commission passed Resolution No. 2017-29800, awarding design/build services to Ric-Man Construction Florida, Inc (Ric-Man)., for West Avenue Street Improvements Phase II - North of 14th Street with the guaranteed maximum price of $29,669,344, including a 10% contingency. On November 14, 2017, a public meeting was conducted to present the conceptual design and answer the community's questions. During this meeting, the community expressed significant Page 979 of 1751 concerns about the West Avenue Project. 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. At that time, Ric-Man had completed approximately 60% of the project design. Due to this action by the City Commission, further development of this project, including its design, was stopped, pending the findings of said Committee. On January 11, 2018, Change Order No. 1 was executed for a 30 day non-compensatory extension, to the time of the Agreement, between Ric-Man Construction and the City, due to the impact of Hurricane Irma. On March 16, 2018, Change Order No. 2 was executed in the amount of$3,270,932 for funding of the above-ground improvements, to the project, with no additional time extension, increasing the cost of the Agreement to$32,940,276. During the months of January through March 2018, the Sustainability and Resiliency Committee reviewed and evaluated the City's design criteria for stormwater management. At the same time the City decided to seek the evaluation by impartial, outside entities and pursued the assessment by the Urban Land Institute (ULI). The Urban Land Institute is the oldest and largest network of cross disciplinary land use and real estate experts in the world dedicated to creating thriving communities around the globe. Their goal is to make cities better places to live for people from all walks of life. The ULI is also a partner of a professional network that provides resiliency-building tools, called the 100 Resilient Cities Network. On April 2018, the City entered into a successful partnership with the Urban Land Institute in order to review the citywide Stormwater Resiliency Program. The ULI's preliminary findings were not only a validation of our initial efforts, but also a call to raise our standards to ensure a livable and sustainable community. On May 31, 2018, the West Avenue project was selected to participate in the Resilience Accelerator. The Resilience Accelerator Program is a partnership between 100 Resilient Cities and the Center for Resilient Cities and Landscapes at Columbia University. 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. While this is a competitive grant program, Greater Miami & the Beaches was chosen to directly participate due to the region's vulnerability to climate change and its leadership in climate change adaptation and mitigation efforts. Miami Beach's West Avenue Neighborhood Improvement Project was selected as one of five projects in South Florida to participate in the Resiliency Accelerator Program, to keep the project moving forward, while integrating a more holistic resiliency approach. In June 2018, the 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. On August 6 - 8, 2018 the Resilience Accelerator workshop was held. 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. 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, subject matter experts in engineering, architecture and urban design. The workshop focused on strategy and design based on current and future environmental challenges, while taking into consideration benefits and costs. Over the course of the Page 980 of 1751 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. On September 4, 2018, a meeting was held with the West Avenue Neighborhood Association (WAVNA), to present the findings of the Resilience Accelerator Workshop. 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. On September 26, 2018, Staff presented the findings of the Resilience Accelerator Workshop to the Sustainability and Resiliency Committee. On October 17, 2018, City Staff presented the recommendations of the Resilience Accelerator to the City Commission. The City Commission accepted the recommendations of the Resiliency Accelerator. In addition, the City Commission accepted the final ULI Report for implementation. Also, the City Commission directed staff to look into alternate road systems, replacing the typical limerock road base with an alternate asphalt blacktop base. This 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. This system could cost approximately $1,015,000, as depicted in the Design/Builder's proposal (Attachment A). The purpose of the West Avenue Project is to upgrade aging infrastructure. 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. During the Resilience Accelerator workshop, the team worked through concerns brought forth by the community, as well as other issues raised during the workshop. These include, road elevation; road harmonization with private properties; turning lanes vs. roadway medians; pedestrian and bicycle prioritization; enhanced walkability; enhanced tree canopy; stomiwater quality; baywalk connectivity and construction phasing. Accelerator Program Recommendations Based on the Accelerator Program Recommendations, the project elements to remain in the project include the following: •3.7' NAVD Minimum Road Elevation •Three continuous vehicular travel lanes Project Development The City has reached a consensus with the community as it relates to street cross-sections, road elevations, traffic lanes and stormwater criteria. The project will continue to be developed based on this consensus including the Resilience Accelerator and Design Criteria Professional recommendations, listed below. Opportunities to fine tune the design (without material changes) would take place during the completion of the 60%and 90% design documents. Roadway Elevation & Harmonization The roadway elevation in the design criteria for the West Avenue Project requires minimum road crown elevation of 3.7' NAVD. The design/build team will meet individually with each property in the corridor to discuss harmonization before construction begins. These meetings are anticipated to begin 2 — 3 months after this Change Order is approved. Harmonization will be unique to each Page 981 of 1751 property and designed to meet site-specific conditions. At the Resilience Accelerator workshop, the team developed six harmonization prototypes as a starting point. Vehicular Travel Lanes The project has 70 feet of public right-of-way (ROW) space. The current design criteria requires a 36.5 feet of ROW space to be dedicated to vehicles and 33.5 feet for pedestrians, bicycles and greenspace. In order to utilize more of the ROW for pedestrians, the Resilience Accelerator participants proposed reducing the travel lane widths and eliminating parking south of 14th Street to provide more space for pedestrians and greenspace. The Resilience Accelerator participants recommend for the pedestrian space to be maximized. 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 (Attachment B). The team thoroughly evaluated the potential of adding center medians along the corridor. However, 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. Rather, 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, etc(Attachment C). The West Avenue typical section north of 14th Street will reflect the following: a. Two 5.5'wide protected bike lanes, one on either side of the road b. Two 10' wide lanes, one northbound and one southbound vehicular travel lane and one 10' foot two way center lane c. Parking to remain as existing design Stormwater Quality Maintaining high water quality standards are an integral component to the success of this project. The design will address the quality of the water being discharged from the pump station into Biscayne Bay through pollution control devices. Resilience Accelerator and Design Criteria Professional Recommendations 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. Relocating the water main and sanitary sewer service connections from the rear to the front of lots. 2. Updating the design criteria for storm protection from a 5-year to a 10-year storm event. 3. Installing five (5) permanent stormwater auxiliary power generators at four locations; two (2)at 14th Street, one (1) at 17th Street, one (1) at Bay Road and one (1) at Lincoln Road. Permanent generators will provide redundancy during power outages. The location of the generators will be coordinated with the Planning and the Environment & Sustainability Departments to ensure an enhanced street end design. One of the two generators at 14th Street will service an existing FDOT pump station. Page 982 of 1751 4. Installing 560' of 18" PVC pipe as sanitary sewer, with 30 laterals and associated manholes at Alton Court. 5. Increased resident participation, to include public interface, presentations, required workshops, exhibits and meetings, related to private property harmonization. 6. Updating and enhancing all street ends, including 14th Street, 16th Street, Lincoln Terrace, Lincoln Road, Bay Road north of Lincoln Road and Lincoln Court to accommodate more tree canopy, wider sidewalks where possible, and pavers to provide an enhanced pedestrian experience and connectivity to the baywalk. 7. Protection of 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. Interface with the residents, create additional exhibits, attend monthly meetings, visits and presentations. Other Design/Builder Costs Based on the Design/Builders 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. The Design/Builder submitted a proposal (Attachment A) in the amount of $12,800,000, for the recommendations listed above. Additional Scope Based on the Design Criteria Professional's recommendations, the following items should be considered: 1. An analysis of pre and post storm measurements and conditions, depicting the results of the improvements. This 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. Design Builder's Price$30,000. 2. An additional two (2), 20,000 GPM pumps and associated structures to be added to the proposed Lincoln Road Pump Station, including the associated increases in valve sizes, piping, electrical upgrades, generator upsizing, increased platform and all other associated improvements. Design Builder's Price$3,319,000. The Design/Builder submitted a proposal (Attachment D) for additional scope in the amount of Page 983 of 1751 $3,349,000,for the items listed above. This Change Order No. 3, for the West Avenue Phase II Improvements North of 14th Street Project, will include 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$12,800,000, plus 10% owner's contingency in the amount of $1,280,000 for a total of $14,080,000. The recommended additional scope, including additional pump capacity and pre and post stormwater analysis, is in the not-to-exceed amount of $3,349,000, plus 10% owner's contingency in the amount of$334,900, for a total of$3,683,900. The total not-to-exceed amount for this Change Order, including additional scope and contingency, will be $17,763,900. This Change Order will increase the existing $32,940,276 contract with Ric-Man Construction to $50,704,176, including contingency. The Design/Builder has submitted this not-to-exceed cost proposal, which was reviewed and analyzed by CIP, Environment and Sustainability and the Public Works Departments and was found to be of an acceptable order of magnitude considering the complex logistics of construction. A non-compensatory time extension change order will be executed by the City Manager, following approval of this resolution. Funding will be addressed as part of the next Capital Budget Amendment. Funding sources could include Water and Sewer Bonds, Stormwater Bonds, the County's Interlocal Agreement funds, or funds associated with the 2018 GO Bond. CONCLUSION The Administration recommends the City Commission approve the resolution. Amount 1 $371,752.00 Account 1 384-0820-069357-26-410-522-00-00-00- 20597 Amount 2 $419,555.00 Account 2 350-0820-069357-26-410-522-00-00-00- 20597 Amount 3 $1,544,733.24 Account 3 419-0820-069357-26-418-000-00-00-00- 20597 Amount 4 $6,167,713.25 Account 4 429-0820-069357-26-418-576-00-00-00- 20597 Amount 5 $9,260,146.51 Account 5 Subject to 2nd Amendment to Capital Budget FY 18/19 Total $17,763,900.00 Legislative Tracking Capital Improvement Projects ATTACHMENTS: Description Page 984 of 1751 ❑ Attachment A- Proposal o Attachment B - Typical Street Sections D Attachment C - Conceptual Plan for Streetend Parks ❑ Resolution Page 985 of 1751 Attachment Acs- .1-.141114114-f 3100 SW 15th Street Deerfield Beach, Florida 33442 CONT. \.FL,IRO. Office:(954)426-1221 Fax:(954)426-1226 City of Miami Beach November 1, 2018 1700 Convention Center Drive Sent Via E-Mail Miami Beach, FL 33139 Attn: Jorge Rodriguez Subject: KB-091 West Avenue Phase II North Re: Proposed Change Orders Dear Sabrina, Pursuant to your request to submit pricing on various potential Change Orders for North (091) contract at West Ave,please find attached Summary Change Order Sheet for your review and approval. The Summary of Costs for Design and Construction are as follows: Resiliency Accelerator Changes $ 12,800,000 Alternate Full Depth Asphalt $ 1,015,000 Alternate for 2 additional 20,000 GPM pumps and associates structures at Lincoln Rd Pump Station - $ 3,319,000 Alternate for 10 Year Drainage Model Analysis $ 30,000 Ric-Man Construction FL, Inc (RMCF) stands ready with our lead Design Consultant, CES,to perform the contract and changed work safely,in the most efficient manner possible as we serve the interests of the City and its Residents on this most important project. We await any questions you may have and look forward to the"re-start"directive on North West Ave (091) in the very near future. Sincerely, Michael R.Fischer, COO. Ric-Man Construction FL, Inc. R I C - M AN CONSTRUCTION FLORIDA , Page 986 of 1751 Ric-Man Construction FL,Inc(RMCP) West Ave 091 North•Change Order Summary Sheet 11/1/2018 .............. ...:. ---... .... Item No Category .,... Description . Pricing Contract 091-North 14 Generator Sets Gen Sets and Platforms at 14th,Bay Rd,Lincoln Rd and 17th st ...: .. .____.____._...... ._... .._...___.._.......__ $ 2,600,000.00 ;5 gen sets for 10 pumps(2 at 14th) .....-..._...... ....0-9 200 KW with DBA 40 Sound enclosure,ATS and 48Hr fuel supply. ,_.. ........ ... "'. :Shework,Platform,Ductbank,Electrical wk,Landscaping .Power transformer by FPL _._..:.. _ •1-15 500 KW for Lincoln Rd .••. 15 Rear to Front WM and Sewer Conversions-42 water;46 sewer-mains and laterals 5, 1,021,433.00 • 16.San Sewer at Alton Ct 'SWof 18"PVC,MN's and service laterals-30 ea. I$ 161,137.00 17'10 year Storm Water and Lincoln Rd PS 78°,72',48",24"added.avg 2'lowering of invert,misc roadwork,subgrade prep $ 3,916,000.00 18'Design/Build Enhancements-Accelerator :Street end enhancements-14th,16th Terr,l6th CT,Lincoln Rd,Bay rd $ 2,707,541.00. 19'PIO/Harmonization effort -Increased Public interface,drawings,visits,presentations .._..... _ ..__.. ..._ $ 175,750.00 20;Urban Forester Arborist;existing tree protection .. .___._._.._..._.......__.—_. ..._..._.._..._..._.., ..___..__............. . 159,375.00 • 21!UV Resiliency Effort-Accelerator Workshops,exhibits,meeings,design work ... .._. .._._._ _._.._._._—._.._._..... _._�$ 78,807.00 22?Commodity and Subcontractor Escalation RMCF materials,electrician,masons,flat work,MOT,Asphalt,striping,signage,etc. $ 1,146,366.00 • 23'Salary and Labor escalation ;RMCF direct labor,Salaries(all) $ 103,601,00 24.Re-Start Impact Loss of efficiency,(momentum)loss of employees,OH costs,Rehire Fees :$ 310,000.00 .....—.......... BASE COSummaryAmount Am091 North .. .. ............... ... .. $12,800,000.00 . -. _... __.._... OPTION 25.Full depth Asphalt Substituting 2"Asphalt over 8"limerock base with 5"/2"Asphalt over 12'of stabilized base --..._._ .... ----'--._....------... 1,015,000.00 ,. OPTION 261Lincotn RD Pump Station Adding 2 additional 20,000 GPM pumps structures,and associated equipment . _..,._.. ... OPTION 10 Year Drainage Model Analysis Review AECOM Existing 10 Year Drainage Model -`'----"'"0 S 30,00 ,OD Page 987 of 1751 . ATTACHMENT B * 4 + y 8 o2 Y '1*� ,1,..&.!.',.%,..11,,,,,f,..,..,,,„ -:f ' �xb[Via, . w y. 3 -. '---1 6 —y yi ,.;;:---••••--.7-, --7.- -;---,77, 7 -..^y -,-,—,:-.r,----77,7 f—. -,7,�1 fJ „. ,ma" �r k" k t'3 + lxr ,mowt,4 t,_ 4 'w ??z 7 nw, ,�5 r . "-s� rC, J •."'-'' a.Yr" 'i _ f t . x}., x�' -,. 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TORN Wde 7( BREte vu wee euau w.wmc 40 North of 14th Street-Preferred Typical Section savinomitter - -......._°. :..',.,°..°. ° West Avenue Streetscape Page 988 of 1751 September 4,2018 1 I ATTACHMENT C West Avenue Improve Current (2020 - 2050) I Creation of Streetend Parks "l M x14+p..T FeAaR, '1 1. .2 «hrFa PFaK J 1 7:c,--rac t�unxue•AE Et.axc5 Searnas 1_ - ,J 7 ' kms * 7_;.:7:c,—;,.."-,3 [ E�1 �.`� %MEW ,y •r WqS It 4 r 7 ',i � 7.3 I 1 V (,'i 1-i JI ..'4 " /: � .. � ~— ^OS43TRdy7- -^C+ _ ' ,,,, 1 1 5 i 1 i1 • Improved connectivity to very limite public waterfront area • Opportunities for place-making • Expanded pedestrian walkway and greenspace Page 989 of 1751 RESOLUTION NO. 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. 3 TO THE DESIGN/BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND RIC-MAN CONSTRUCTION FLORIDA, INC., FOR THE WEST AVENUE PHASE II IMPROVEMENTS NORTH OF 14TH STREET PROJECT, FOR (1) ADDITIONAL DESIGN AND CONSTRUCTION SERVICES, INCLUDING, WITHOUT LIMITATION, DESIGN AND CONSTRUCTION ASSOCIATED WITH THE RECOMMENDATIONS BY THE RESILIENCY ACCELERATOR PROGRAM, FOR A NOT-TO- EXCEED AMOUNT OF $12,800,000, PLUS 10% OWNER'S CONTINGENCY IN THE AMOUNT OF $1,280,000; AND (2) RECOMMENDED ADDITIONAL SCOPE, INCLUDING ADDITIONAL PUMP CAPACITY AND PRE AND POST STORMWATER ANALYSIS, IN THE NOT-TO-EXCEED AMOUNT OF $3,349,000, PLUS 10% OWNER'S CONTINGENCY IN THE AMOUNT OF $334,900; WITH SAID CHANGE ORDER NO. 3 HAVING A TOTAL CONTRACT VALUE, INCLUDING OWNER'S CONTINGENCY, IN THE AMOUNT OF $17,763,900; FURTHER, PROVIDING THAT A PORTION OF CHANGE ORDER NO. 3, IN THE AMOUNT OF $8,503,753.49, SHALL BE FUNDED WITH PREVIOUSLY APPROPRIATED FUNDS, AND THE REMAINING BALANCE OF CHANGE ORDER NO. 3, IN THE AMOUNT OF $9,260,146.51, SHALL BE SUBJECT TO AND CONTINGENT UPON AN APPROPRIATION OF FUNDS AT THE CITY COMMISSION'S SOLE DISCRETION, VIA A CAPITAL BUDGET AMENDMENT TO BE CONSIDERED AT THE DECEMBER 12, 2018 CITY COMMISSION MEETING, AND FURTHER, IF ANY SUCH BUDGET AMENDMENT IS APPROVED, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED CHANGE ORDER NO. 3. WHEREAS, on March 22, 2017, the Mayor and City Commission adopted Resolution No. 2017-29800, awarding design/build services to Ric-Man Construction Florida, Inc. (Ric- Man), for West Avenue North of 14th Street Improvements Phase II - North of 14th Street (the "Project"), with the Guaranteed Maximum Price of $29,669,344, including a 10% Owner's Contingency; 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 total Contract Time set forth in the Agreement, due to the impact of Hurricane Irma; and WHEREAS, on March 16, 2018, Change Order No. 2 was executed in the amount of $3,270,932 for funding of certain above-ground improvements to the project, with no additional time extension, increasing the cost of the Agreement to $32,940,276; 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 Page 990 of 1751 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 citywide 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, the 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 the 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 Page 991 of 1751 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$1,015,000; 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, the roadway elevation in the design criteria for the West Avenue Project requires minimum road crown elevation of 3.7' NAVD; and WHEREAS, the design/build team 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 to 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 North of 14th Street will reflect the following, 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; and Page 992 of 1751 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. Relocating the water main and sanitary sewer service connections from the rear to the front of lots; 2. Updating the design criteria for storm protection from a 5-year to a 10-year storm event; 3. Installing five (5) permanent stormwater auxiliary power generators at four locations; two (2) at 14th Street, one (1) at 17th Street, one (1) at Bay Road and one (1) at Lincoln Road. Permanent generators will provide redundancy during power outages. The location of the generators will be coordinated with the Planning and the Environment & Sustainability Departments to ensure an enhanced street end design, and one of the two generators at 14th Street will service an existing FDOT pump station; 4. Installing 560' of 18" PVC pipe as sanitary sewer, with 30 laterals and associated manholes at Alton Court. 5. Increasing resident participation, to include public interface, presentations, required workshops, exhibits and meetings, related to private property harmonization. 6. Updating and enhancing all street ends, including 14th Street, 16th Street, Lincoln Terrace, Lincoln Road, Lincoln Court and Bay Road ( From Lincoln Road to the canal), to accommodate more tree canopy, wider sidewalks where possible, and pavers to provide an enhanced pedestrian experience and connectivity to the baywalk. 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; and 8. Interfacing with the residents, create additional exhibits, attend monthly meetings, visits and presentations; and WHEREAS, based on Ric-Man'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 $12,800,000, for the recommendations listed above; and WHEREAS, based on the Design Criteria Professional's recommendations, the following items should be considered: 1. An analysis of pre and post storm measurements and conditions, depicting the results of the improvements. This 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 Page 993 of 1751 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, for a cost of$30,000; 2. An additional two (2), 20,000 GPM pumps and associated structures to be added to the proposed Lincoln Road Pump Station, including the associated increases in valve sizes, piping, electrical upgrades, generator upsizing, increased platform and all other associated improvements, for a cost of$3,319,000; and WHEREAS, the Design/Builder submitted a proposal for additional scope in the amount of$3,349,000; and WHEREAS, this Change Order No. 3, for the West Avenue Phase II Improvements North of 14th Street Project, will include 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 $12,800,000, plus 10% owner's contingency in the amount of $1,280,000 for a total of $14,080,000; and WHEREAS, the recommended additional scope, including additional pump capacity and pre and post stormwater analysis, is in the not-to-exceed amount of $3,349,000, plus 10% owner's contingency in the amount of$334,900, for a total of$3,683,900; and WHEREAS, the total not-to-exceed amount for this Change Order, including additional scope and contingency, will be $17,763,900; and WHEREAS, this Change Order will increase the existing $32,940,276 contract with Ric- Man Construction to $50,704,176, including contingency; and WHEREAS, the Design/Builder has submitted this not-to-exceed cost proposal, which was reviewed and analyzed by CIP, Environment and Sustainability and the Public Works Departments and was found to be of an acceptable order of magnitude considering the complex logistics of construction; and WHEREAS, this Change Order No. 3 is subject to and contingent upon funding availability and an appropriation of funds at the City Commission's sole and absolute discretion, with such funding to be addressed as part of a future Capital Budget Amendment to be considered on December 12, 2018; and WHEREAS, potential funding sources could include Water and Sewer Bonds, Stormwater Bonds, the County's Interlocal Agreement funds, or other funds. 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. 3 to the Design/Build Agreement between the City of Miami beach, Florida, and Ric-Man Construction Florida, Inc., for the West Avenue Phase II Improvements North of 14th Street Project, for (1) additional design and construction services, including but not limited to those associated with the recommendations by the Resiliency Accelerator Program, for a not-to-exceed amount of $12,800,000, plus 10% Owner's Contingency in the amount of $1,280,000; an (2) recommended additional scope, including additional pump capacity and pre and post stormwater analysis, in the not-to-exceed amount of $3,349,000, plus 10% Owner's Contingency in the amount of $334,900; for a total contract value of of $17,763,900, including Page 994 of 1751 Owner's contingency; further, providing that a portion of Change Order No. 3, in the amount of $8,503,753.49, shall be funded with previously appropriated funds, and the remaining balance of Change Order No. 3, in the amount of$9,260,146.51, shall be subject to and contingent upon an appropriation of funds at the City Commission's sole discretion, via a capital budget amendment to be considered at the December 12, 2018 City Commission meeting, and further, if any such budget amendment is approved, authorizing the Mayor and City Clerk to execute the final negotiated Change order No. 3. PASSED and ADOPTED this day of , 2018. Dan Gelber, Mayor ATTEST: Rafael E. Granado, City Clerk Page 995 of 1751