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Resolution 2020-31186 RESOLUTION NO. 2020-31186 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN THE CITY OF MIAMI BEACH, FLORIDA (CITY) AND RIC-MAN INTERNATIONAL, INC. (RMI), IN THE AMOUNT OF $1,650,000, TO SETTLE ALL OUTSTANDING CLAIMS PERTAINING TO THE DESIGN/BUILD SERVICES ASSOCIATED WITH THE RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS, NEIGHBORHOOD NO. 8, SUNSET ISLAND 3 & 4 PROJECT, SUBJECT TO RMI'S COMPLETION OF THE OUTSTANDING WORK IDENTIFIED IN THE SETTLEMENT AGREEMENT; AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION THEREOF; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SETTLEMENT AGREEMENT; WHICH SETTLEMENT SUMS ARE AVAILABLE IN THE PROJECT BUDGET. WHEREAS, on September 10, 2014, the Mayor and City Commission adopted Resolution No. 2014-28749, pursuant to Request for Proposals No. 2014-051-SR, authorizing the Mayor and City Clerk to execute an agreement (the "Agreement") with Ric-Man International, Inc. ("RMI"), for design-build services for Neighborhood No. 8: Sunset Islands 3 & 4 Right-of-Way Infrastructure Improvements (the "Project") in the amount of$7,774,967.51; and WHEREAS, the scope of the Project consists of the design and construction, associated with the earthwork, pavement reconstruction, overhead utility undergrounding, sidewalk construction, water main improvements, water meter replacement, storm drainage infrastructure installation, sanitary sewer main and structure lining, new conduits, conductors and service point for the existing street lights and streetscape/planting improvements; and WHEREAS, on January 5, 2015, the City issued Notice to Proceed (NTP) No. 1 directing RMI to start the pre-construction work on the Project, including engineering design, and permitting, and on June 8, 2015, the City issued NTP No. 2 directing RMI to commence the construction phase of the Project; and WHEREAS, on January 13, 2016, the Mayor and Commission adopted Resolution No. 2016-29275, authorizing the Mayor and City Clerk to execute Amendment No. 1 for additional services and scope revisions associated with the roadway design and hardscape modification, and Amendment No. 1 also included design and construction revisions associated with the pump station and use of the park as staging area; and WHEREAS, on May 18, 2016, the Mayor and Commission adopted Resolution No. 2016-29414, authorizing the Mayor and City Clerk to execute Amendment No. 2 for additional design, permitting, construction services, general conditions and the cost associated with the disruption to the continuity of the construction activities and re- sequencing of the work; and WHEREAS, the total contract amount to date for the Project is $11,250,593; and WHEREAS, on November 19, 2018, the City issued a Notice of Partial Substation Completion to RMI for portions of the Project, including hardscape, streetlight conduits and conductors, stormwater drainage system and the water distribution system; and WHEREAS, currently, there remains portions of the Project that have not achieved Substantial Completion, including finalizing the sanitary sewer system, stormwater pump stations, underground franchise utility equipment, landscaping, pavement markings and signage; and WHEREAS, in addition to the outstanding Substantial Completion scopes identified above, the City has identified certain deficiencies in RMI's work, including a burned VFD at Island 3 pump station, lack of line reactors to the pump stations at Island 3 and Island 4, and water intrusions associated with the pump station #4 structure; the Agreement provides that RMI is responsible to address all deficiencies, closeout all the permits and achieve final project completion; and WHEREAS, on September 6, 2019, RMI asserted a claim against the City for additional compensation associated with increased pipe sizes, bridge limit restrictions restricting RMI's ability to use certain equipment, Department of Regulatory and Environmental Resources (DERM) design and permit requirements, pump station relocation, schedule and productivity impacts, additional as-built requests, pump stations additional line reactors, and repair of sewer channels in the total amount of $3,191,216.58 (the "Claim"). A copy of the Claim is attached to this Resolution as Exhibit "A"; and WHEREAS, City staff and the City's Design Criteria Professional for the Project reviewed the claim and supporting documentation submitted by RMI; and WHEREAS, City staff negotiated the scope and the amount sought with RMI, and has agreed to settle the disputed claim in the amount of$1,650,000 (the "Settlement Sum") and release the outstanding retainage the City is withholding from the Project in the amount of $277,764.94 (the "Retainage"), subject to City Commission approval of the settlement agreement and the associated terms; which settlement agreement further provides that RMI shall be paid $300,000.00 of the Settlement Sum upon the City's approval of a time line and schedule to be submitted by RMI to achieve Final Completion for the Project, and the City is to pay the balance of the Settlement Sum ($1,350,000) and the Retainage withheld upon the City's acceptance of RMI's completion work, including achieving Final Completion and resolving outstanding deficiencies as provided in the settlement Agreement (the Settlement Agreement), a copy of the Settlement Agreement is attached as Exhibit"B"; and WHEREAS, the proposed Settlement Sums are available in the Project budget, and the payment of the Settlement Sum to RMI will increase the total contract amount to $12,900,593; and WHEREAS, based on the findings of City staff and the City's Design Criteria) Professional for the Project, the Administration recommends in favor of approving the Settlement Agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, approving the settlement agreement and mutual release between the City of Miami Beach, Florida (City) and Ric- Man International, Inc. (RMI), in the amount of $1,650,000, to settle all outstanding claims pertaining to the design/build services associated with the Right-of-way Infrastructure Improvements, Neighborhood No. 8, Sunset Island 3 & 4 project, subject to RMI's completion of the outstanding work identified in the settlement agreement; and authorizing the City Manager and City Attorney to take the necessary and appropriate steps for the implementation thereof; and further authorizing the Mayor and City Clerk to execute the settlement agreement, which settlement sums are available in the project budget. PASSED and ADOPTED this 11 day of FP6r1400 , 2020. DAN GELBER, MAYO- ATTEST: 1 2/i itsslA RAFAEL . G- NADO, CITY CLERK - gip ................c ,,; - -rr�. AS TO � - FO: GUAGE INCOR OORATED - . ' CLITION s . .114 x949 City Attorney Date Resolutions- R7 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: February 12, 2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN THE CITY OF MIAMI BEACH , FLORIDA (CITY)AND RIC-MAN INTERNATIONAL, INC., (RMI) IN THE AMOUNT OF $1,650,000, TO SETTLE ALL OUTSTANDING CLAIMS PERTAINING TO THE DESIGN/BUILD SERVICES ASSOCIATED WITH THE RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS, NEIGHBORHOOD NO. 8, SUNSET ISLAND 3 & 4 PROJECT AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE THE • NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION THEREOF;AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SETTLEMENT AGREEMENT, WHICH SETTLEMENT SUMS ARE AVAILABLE IN THE PROJECT BUDGET. RECOMMENDATION The Administration recommends adopting the Resolution. BACKGROUND/HISTORY On September 10, 2014, the Mayor and City Commission adopted Resolution No. 2014- 28749, pursuant to Request for Proposals No. 2014-051-SR, authorizing the Mayor and City Clerk to execute an Agreement with Ric-Man International, Inc. (RMI), for design-build services for Neighborhood No. 8: Sunset Islands 3 & 4 Right-of-Way (ROW) Infrastructure Improvements in the amount of$7,774,967.51. The scope of this Design-Build project consisted of the design and construction, associated with the earthwork, pavement reconstruction, overhead utility undergrounding, sidewalk construction, water main improvements, water meter replacement, storm drainage infrastructure installation, sanitary sewer main and structure lining, new conduits, conductors and service point for the existing street lights and streetscape/planting improvements. On January 5, 2015, Notice to Proceed (NTP) No. 1 was issued directing RMI to start the pre- construction work including engineering design and permitting. On June 8, 2015, the NTP No. 2 was issued directing RMI to commence construction. Page 951 of 1185 On January 13, 2016, the Mayor and Commission adopted Resolution No. 2016-29275, authorizing the Mayor and City Clerk to execute Amendment No. 1 for additional services associated with the roadway design and hardscape modification and design and construction associated with the pump station and use of the park as staging area. On May 18, 2016,the Mayor and Commission adopted Resolution No. 2016-29414, authorizing the Mayor and City Clerk to execute Amendment No. 2 for additional design, permitting, construction services, general conditions and the cost associated with the disruption to the continuity of the construction activities and re-sequencing of the work. The total contract to date is $11,250,593. On November 19, 2018, portions of the project(hardscape, streetlight conduits and conductors, stormwater drainage system and water distribution system) were substantially completed. Sanitary sewer system, stormwater pump stations, underground franchise utility equipment, landscaping, pavement markings and signage are the remaining disciplines in need of substantial completion. The Design-Build team is responsible to address all deficiencies, closeout all the permits and achieve final project completion. On September 6, 2019, the Contractor asserted a claim for additional compensation against the City associated with pipe oversize, bridge limit restrictions, Department of Regulatory and Environmental Resources (RER DERM) design and permit requirements, pump station relocation, schedule and productivity impacts, additional as-built requests, pump stations additional line reactors and repair of sewer channels in the total amount of $3,191,216.58 (Attachment A). City staff and the Design Criteria Professional reviewed the claim and supporting documentation submitted by the Design-Builder and found the items related to pipe oversize, bridge limit, pump station relocation, schedule and productivity impact and pump station line reactors to have some merit for consideration. City staff negotiated the scope and the amount sought by the Design-Builder in the best interest of the City and agreed to settle the disputed claim in the amount of $1,650,000, subject to City Commission approval of the settlement agreement and the associated terms. (Attachment B). Retainage withheld in the amount of $277,764.92 will be released upon completion of all contractual obligations including final acceptance and close-out of all permits issued by City and all outside agencies and to the satisfaction of all terms and conditions included in the settlement agreement. FINANCIAL INFORMATION Subject to Settlement Agreement for Bayshore Neighborhood Bid Pack D, Project#23180 CONCLUSION The Administration recommends approval of the Resolution. Applicable Area Middle Beach • Is this a Resident Right to Does this item utilize G.O. Page 952 of 1185 Know item? Bond Funds? Yes No Strategic Connection Environment & Infrastructure - Reduce risk from storms, high tides, groundwater, and sea level rise. Legislative Tracking Capital Improvement Projects ATTACHMENTS: Description ❑ Attachment A ❑ Attachment B o Resolution Page 953 of 1185 Attachment A 1 F E RE N C I K ROBERT E.FER ,IRA L.LIBANOFFENCIKJR. -01111 L I B A N O F F ALAN C.(PETER)BRANDT,JR. _J BRAND T NESTOR BUSTAMANTE,III JORDANA L.GOLDSTEIN BUSTAMANTE & GOLDSTEIN, P.A. IBERIA FINANCIAL CENTER JARED S.GUBERMAN 150 S.PINE ISLAND ROAD•SUITE 400•FORT LAUDERDALE,FL 33324 MARGUERITE F.CHARLSON BROWARD 954.474.8080•DADE 305.949.8003 SHANNON L.MARIBONA TOLL FREE 844.474.8080•FAX 954.474.7343 Of Counsel ilibanoff@flblawyers.com•http//www.flblawyers.com LAURA A.BAKER September 6, 2019 Via Email and U.S. Mail Raulaguila@miam ibeachfl.gov Raul J.Aguila,Esq. City Attorney, City of Miami Beach 1700 Convention Center Drive Fourth Floor Miami Beach,FL 33139 Re: Contract between Ric-Man International, Inc. and City of Miami Beach ("City") Sunset Harbor Project Dear Mr. Aguila: The undersigned represents Ric-Man International, Inc. ("RMI") in relation to RMI's August 8, 2019 Letter/Request for Equitable Adjustment("REA"),a copy of which is enclosed for your ease of reference. The Letter / REA is submitted pursuant to RMI's Contract with the City for the Sunset Harbor project ("Project"). The Letter / REA was delivered to Assistant City Manager Eric Carpenter, PE on or about August 8,2019. As noted in RMI's Letter/REA, several meetings have been conducted during the course of the project to discuss the issues and claims addressed in the REA. Unfortunately, to date, our clients have been unable to resolve any of the claim issues detailed in the REA. Article 11.02 of the Contract provides for mediation between the parties for purposes of attempting to resolve issues or disputes so as to avoid litigation. In the Letter/REA,RMI requests that the City and Mr. Carpenter contact RMI in order to commence the mediation process. As of the writing of this letter, RMI has received no response to its request for mediation. After you have had the opportunity to review this letter and the enclosed Letter/REA,please contact the undersigned so that we can address the selection of a mediator and the scheduling of a mediation conference. RMI is optimistic that with the selection of an experienced construction mediator and the right people in attendance on behalf of the City, much progress, if not complete settlement of all claims can be achieved. Raul.i.Aguila Miami Beach City Attorney Page 2 I look forward to receiving your prompt response. Sincerely, Ira Libanoff Board Certified Construction Law Attorney ILLltm Enclosure cc: Mr. Paul Jankowski, Sr. Mr.Michael Jankowski Mr. Rene Castillo, Sr. Mr.Andres Diaz RIC-MAN INTERNATIONAL, INC. ear GENERAL CONTRACTOR 1545 NW 27TH Ave• Pompano Beach, Florida 33069 Phone: (954)426-1042 • Fax: (954)426-0717 8/8/2019 Eric Carpenter, PE Assistant City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Re: Sunset Island Project("Project")—Ric-Man International, Inc.'s("RMI") Request for Equitable Adjustment(°REA") Dear Mr. Carpenter: As you are aware, during the course of the construction of the referenced Project, multiple issues have arisen that have resulted in cost and time impacts to RMI which have been addressed through submission of Change Order Requests and interim REAs. During the past several months, through a series of meetings and discussions,we have tried to reach agreement with the City on these pending claim issues. RMI's efforts in this regard have included revising the format of the REA submission per the City's request, and review all of the costs being presented to ensure that they accurately reflect the additional costs to which RMI is entitled so as to arrive at a reasonable settlement of the claims and issues. Unfortunately, to date, these efforts have not resulted in an agreement. As a result, we have prepared and are submitting this final REA addressing all issues in an effort to reach agreement with the City and close out this Project. This REA is structured such that the various issues that impacted RMI's work and resulted in additional costs and schedule impacts will be addressed, and the quantum in regard to the schedule and costs will then be addressed. The issues that will be addressed in the REA are as follows: 1. Increased Pipe Size 2. Bridge Capacity Limits 3. RER (DERM) Revision to Discharge Velocity 4. CMB Pump Station Relocation by City Directive 5. Schedule and Productivity Impacts I. Issues I Entitlement I History The first significant issue that arose in or about June 2015 was in relation to the significant discrepancy in the size of the pipe included in the Contract Documents and the size that would be required to achieve the City's design criteria. At the time, RMI notified the City about the disparity in the pipe sizes included in the Design Criteria Package ("DC Package") and the final iteration of the computer model prepared by RMI's design consultant. Notwithstanding a complete presentation to the City of the bases for an adjustment to the Contract amount and completion date, the City rejected RMI's change order request and interim REA. liPage 1C-MAN INTE i':NATIONAL, INC. far GENERAL CONTRACTOR 1545 NW 27TH Ave• Pompano Beach, Florida 33069 Phone: (954)426-1042 • Fax: (954)426-0717 Applicable Florida Statute Sections and Sections of the Contract Documents The applicable provisions of the Contract Documents and other information that support RMI's REA are as follows: Article 1.12 of the Agreement between City of Miami Beach, Florida and RMI for Design/Build Services For Neighborhood No. 8: Sunset Islands 3 & 4 Right-Of-Way Infrastructure Improvements ("Agreement") provides as follows: 1.12— Contract Documents: This Agreement ... and any addendums, exhibits or amendments thereto; ... the DCP, the Construction Documents, including but not limited to, Plans and Specifications (as approved and permitted) as prepared by the DESIGN/ BUILD FIRM in general accordance with the DCP ... Articles 1.16 and 1.17 of the Agreement set forth the definitions of Design Criteria Package(DCP)and Design Criteria Professional: Art. 1.16—Design Criteria Package(DCP)—DCP shall mean those certain conceptual plans and specifications and performance - oriented drawings or specifications of the Project, as prepared and sealed by the Design Criteria Professional in compliance with 287.055, Florida Statutes Art. 1.17 — Design Criteria Professional: Design Criteria Professional shall mean the individual or entity who/which holds a current certificate as a registered engineer under Chapter 471 to practice engineering and who is employed by or retained by the City to provide professional services in compliance with the requirements of Section 287.055, Florida Statutes, and in connection with the preparation of the DCP; who shall review and provide recommendations regarding the Construction Documents prepared by the DESIGN/BUILD FIRM for the Project; and evaluate compliance of Project construction with the DCP. Florida Statute Section 287.055 defines Design Criteria Package as follows: 287.055 (2)0) - A "design criteria package" means concise, performance-oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information to permit design-build firms to prepare a bid or a response to an agency's request for proposal, or to permit an agency to enter into a negotiated design-build contract. The design criteria package must specify performance based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. Article 2.03 of the Agreement sets forth the City's intention in regard to the Agreement: Art. 2.03 Intention of CITY: It is the intent of the CITY to describe in this Agreement and the DCP a functionally complete Project to 2IPage ITT E I' NATIONAL, INC. Aar GENERAL CONTRACTOR 1545 NW 27TH Ave- Pompano Beach, Florida 33069 Phone: (954)426-1042• Fax: (954)426-0717 be designed and constructed in accordance with the Contract Documents,for the Guaranteed Maximum Price,and in accordance to all Applicable Laws governing construction of the Project. Any Work, services, Materials or equipment that may reasonably be inferred from the Agreement and the DCP as being required to produce the intended result shall be supplied by DESIGN/BUILD FIRM whether or not specifically called for.... In its Request for Proposals, the City included Section 0100 entitled GENERAL INSTRUCTIONS TO PROPOSERS: In sub-paragraph 2 of that Section, which is entitled "Scope of Work", the City instructed the Proposers, including RMI, as follows: A Design Criteria Package has been prepared which includes conceptual specifications and plans for the civil and landscaping disciplines. The proposed improvements to be performed for this project are based upon the Basis of Design Report for Neighborhood No. 8: Bayshore/Sunset Islands prepared by CH2M Hill. The Basis of Design Report ... was approved by the City of Miami Beach City Commission. The City's Design Criteria Package is dated May 5, 2014. Section 1.02 of the Design Criteria stats as follows: 1.02 PROFESSIONAL SERVICES A. Work to be performed in this Section includes providing professional engineering services to design and permit a project meeting the intent of the Design Criteria Package(DCP). Section 1.04 of the Design Criteria is entitled WORK COVERED BY CONTRACT DOCUMENTS. 1.04 C. provides that, "The scope of work shall incorporate the following general areas of work as well as all miscellaneous construction necessary to accomplish these major goals." Subsection 2 of 1.04 is entitled "Stormwater System"and provides: The DESIGN/BUILD FIRM shall familiarize itself with the Design Criteria Package Conceptual Specifications and Plans in order to design and construct drainage improvements within the established design guidelines and budget. All road right-of-ways within the limits of the Project shall receive upgraded drainage to include new piping, catch basins, manholes, centrifugal treatment units, stormwater pump stations and outfalls. The DESIGN/BUILD FIRM shall incorporate the following items into its contract documents: a) The DESIGN/BUILD FIRM will design the stormwater drainage for each island as an interconnected system of piping conveying flow to a stormwater pump station and discharge. The system shall have the following components: 31Page ACar 111 IC-MAN INTE NATIONAL, INC. GENERAL CONTRACTOR 1545 NW 27TH Ave• Pompano Beach, Florida 33069 Phone: (954)426-1042• Fax: (954)426-0717 v. Piping shall be water tight A-2000 PVC pipe. Single inlet connections and cross drains will be minimum 18" A-2000. The longitudinal storm water mains will be 24"A-2000 pipe but will be increased to 30"A-2000 where multiple branches serving multiple streets are joined. vii. The pump station is to have twin pumps intended to be operated individually on an alternating basis.... The pump stations wet well shall be sized for the flow characteristics and shall have adequate capacity to maintain proper pump operation under all service conditions. Addendum No. 3, which is part of the Contract Documents, includes the following question and answer: Q19: What is the estimated value for this project? A19: The current project budget is approximately $6 Million. The project funding will be determined once the project cost has been established. Entitlement to REA The Contract Documents include the Design Criteria Package (DCP) that was prepared for the City by a Design Criteria Professional who, in accordance with Chapter 471, Florida Statutes, is a licensed professional engineer. The Design Criteria Professional was required to seal the DCP that it prepared. Licensed professional engineers have a duty pursuant to Chapter 471 when preparing signed and sealed design documents to meet the standard of care in the design community. Pursuant to Section 287.055, Florida Statutes, the Contract Documents prepared for the City by the Design Criteria Professional I licensed professional engineer included the Design Criteria, and the City's Contract Documents were provided to RMI, as well as the other proposers, for purposes of each proposer to prepare a bid for the work included in the Design Criteria. The City made it clear that it intended to have the DCP set forth information for a functionally complete project, and the City of Miami Beach's City Commission approved the DCP that was provided to the proposers. Thus, RMI had every right to use and rely upon the Contract Documents, including the DCP, in the preparation of its bid. The Design Criteria make it clear that the proposer I DESIGN/BUILD FIRM is to, "design and construct drainage improvements within the established design guidelines and budget." Black's Law Dictionary defines the word "shall"as follows: Has a duty to; more broadly, is required to; -- This is the mandatory sense that drafters typically intend and that courts typically uphold. The Design Criteria makes it clear that"all road right-of-ways within the limits of the Project shall receive upgraded drainage to include new piping" and that the new drainage piping shall be either 24" or 30" A- 2000 pipe. The drainage pipe materials, and installation of same, are an integral part of this project and make up a significant portion of the cost of the work. Thus, in order to arrive at the budget for the project, the Design Criteria Professional had to include an estimated cost for the 24" and 30" pipe as part of the 4IPage IC-MAN IN 1TE 11,NATIONAL, INC. diGar" GENERAL CONTRACTOR 1545 NW 27TH Ave• Pompano Beach, Florida 33069 Phone: (954)426-1042• Fax: (954)426-0717 overall estimated cost of the drainage system and project. That would be the only way to establish a budget, and it must be noted again,that it is the DESIGN/BUILD FIRM'S/proposer's obligation to prepare a bid that would enable it to design and construct the project within the established budget. Addendum No. 3 advised the bidders that the budget for the project was $6 Million. That means that the Design Criteria Professional, when preparing the DCP, prepared the Design Criteria such that the project could be constructed within the established budget of$6 Million and the only way to do so was to include a cost for 24" and 30" Pipe sizes set forth in the DCP do not allow for a design and construction that meets the Design Criteria As outlined in RMI's email dated May 12, 2016, which is supported by the letter from Chen-Moore & Associates (CMA), the DESIGN/BUILD FIRM'S Licensed Design Professionals, dated June 23, 2015, the design criteria for the volume of drainage required to meet the DCP cannot be achieved using the 24"and 30"pipe included in the Design Criteria. In order to meet the drainage requirements included in the criteria much larger pipe is required. Needless to say, larger pipe means more expensive pipe and larger pipe is also more expensive to de-water and install. In fact, in order to achieve the drainage requirements included in the DCP, it is necessary to use 36-inch pipe in some locations and pipe as large as 72-inch in others. Nowhere does the DCP reference or even intimate that pipe of that size will be required. In fact, 36" and larger is not produced in A-2000 PVC. To the contrary, the use of pipe roughly half that size is what is clearly mandated by the DCP. As indicated above, the additional cost of the larger pipe itself, as well as the additional costs associated with installing this much larger pipe increases the cost of the work significantly. Based upon the cost of the material itself, together with all of the other work, is in excess of$6 million budget amount included in Addendum 3. This, of course, does not include the cost increase for the larger pumps required due to the larger pipe sizes. We have reviewed the sections of the DCP that CIP Department referenced in the July 22nd letter and we cannot ascertain how one could think or believe that those sections support the City's rejection of RMI's REA. If anything,those sections lend additional support to the basis for the REA. More specifically, the CONSULTANT has revised the conceptual plans to incorporate the project requirements, and made all necessary changes, revisions and modifications thereto; it was those changes, revisions and modifications that came about from the CONSULTANT'S design that made it clear that the mandatory 24" and 30" pipe sizes included in the DCP were inadequate. As expressed on different parts of this letter, the relocation of the pump station, the variances between the Design Criteria Package(DCP) and the ultimate Storm water design based on obtainable data after the award of the project prompted the increase in pipe size and lengths. Despite the efforts to maintain smaller sizes, the model was validated by the City Engineer and consultant. The fact that this is a Design/ Build project does not mean that the DESIGN/BUILD FIRM does not get to use or rely upon the information provided by the City through the DCP and Design Criteria Professional. In fact, the applicable statutes and Contract provisions and sections that address these issues make it clear the proposer, in this case RMI, is permitted, and in fact, required, to use and rely upon the DCP prepared by the Design Criteria Professional. During the design the drainage system went through several rounds of modeling, incorporating not only regulatory agency comments, but also input from the City's consulting engineer assigned to review the submittal packages (Tom McGowan—AECOM) at each submittal phase(30%, 60% and 90%) as well as several pump station location revisions requests from the City. Note that every time we made changes to 5IPage RIC-MAN INTEI NATIONAL➢ INC. GENERAL CONTRACTOR 1545 NW 27TH Ave- Pompano Beach, Florida 33069 Phone: (954)426-1042 • Fax: (954)426-0717 the model parameters (i.e. — Curve numbers, safety factors, etc.) which is a multi-week task and/or relocated the pump station, we made the adjustments and re-ran the model, thus changing the sizes of much of the larger diameter pipes. It truly is an iterative process. The Contract Documents including the DC-Package prepared by the Design Criteria Professional together with the applicable Florida Statutes governing Design-Build projects and the Florida Administrative Code sections governing the professional responsibility of licensed engineers,fully support RMI's entitlement to an equitable adjustment to both the Contract amount and time as a result of the failures by the City and its Design Criteria Professional to have provided RMI with a proper and complete DC-Package in relation to the pipe and pump sizes. Accordingly,the Contract amount and time should be adjusted pursuant to RMI's request. Sunset Island Bridge Limit Capacity The original bid documents did NOT include or otherwise reflect or address any capacity limitations on the bridge entering Sunset Island 3. Based on the absence of any information in regard to limitation on the capacity of the bridge, the project was bid and initially designed with standard pre-cast structures for the entire Sunset Island 3 and 4. Work was planned with the use of a trench box and caisson pump station sections not requiring any other shoring.The path of the construction was also streamlined to originate at the pump stations and radiate towards the outskirts of the island roadways. As you are fully aware, RMI's design and means and methods approach was standard for the type of work involved and there was nothing contained in the Contract Documents or DC-Package that would have placed RMI on notice that anything other than this approach was contemplated with the DC-Package was prepared. On or about 04/20/17 (over 14 months after our NTP #2 of 2/4/16) the City, by and through its Project Coordinator,Jose Velez,while communicating with John Lehr of FPL on a separate matter(see attached), established a limit of 59.7 tons for the historic bridge. As stated above,this capacity limitation on the bridge is not addressed in the DC-Package furnished to RMI in order to prepare its proposal, and the imposition of this limitation precluded RMI from proceeding as set forth about with the selected design and means and methods on which the proposal was based. Immediately thereafter meetings were held and discussions ensued on conceivable solutions to the newly imposed bridge capacity limitation. The City addressed its concerns regarding the historical value of the bridge and no concessions were provided by the City. As a result, new design criteria and alternate options from those originally planned based upon the available information were implemented. Options discussed and explored included the possibility of bringing the heavy 120-ton structure (double the weight limit of the bridge) by barge and setting them with cranes at the planned locations. However, the required cranes were also above the limits of the bridge. Another proposal was moving the pump station (PS) to the edge of the bridge and handling it from a barge.. However, the multimillion-dollar residence at the edge of the bridge had very limited room and was opposed to this plan based upon the potential impact to their improvements. There was also liability of the possible impact on the house foundation from the massive shoring required directly adjacent their property and finally, the principal gas main to the island already existed at that location with no reliable as-builts that would ensure avoiding damage to the gas main. Another obstacle on the placement of a precast structure was the logistics of blocking emergency vehicles and residential access to the Islands for many hours while installing the PS. Ultimately the only solution left was to cast the structure in place, thereby not requiring heavy structures nor heavy cranes. This procedure required a very deep and large shoring footprint to allow enough room for the structure, forms, and their bracing as well as safe access to the workers to place and remove the forms. The large excavation also extended to outside the perimeter of the structure, plus excavated fill 6IPage dear IC-MAN INTERNATIONAL, INC. GENERAL CONTRACTOR 1545 NW 27TH Ave• Pompano Beach, Florida 33069 Phone: (954)426-1042 • Fax: (954)426-0717 transportation and stockpiling off-site and, returning the fill to the site with additional trucking, backfill, and compaction after completion of the structure. Pursuant to the originally planned design and means and methods no sheeting (shoring)would have been required to accomplish the plan. As a result of the change design and planned construction, RMI had to hire a subcontractor(Ebsary Foundation Company) to provide the rectangular sheeting shaft around the proposed location for pump station #3 and for the base of the wet well for pump station #4. This also included a tremie seal pour. On the wet well for pump station #4, the pre-cast structure, due to its weight being greater than the bridge weight limit, could not be pre-casted for a caisson method as originally planned and had to be pre-cast into sections including the base without the footer. The base was casted with exposed re-bar to be field poured and provide the footer to restrict buoyancy. RMI had to provide a separate pour to lock in the base and footer(see attached comparison diagram). RMI had to configure and design several options, at additional design expenses, resulting in a re-bar configuration which was submitted to the City and approved. This process also required sealing the excavated bottom of the wet well prior to pouring the locking segment and extensive bedding. By using the caisson method,we place the structure sections on top of the ground and excavate the inside of it below the bottom of the structure, which results in the structure section sliding down into the ground whereby another section is added on top, and the same process continues. The excavated material can be disposed (usually at a good price and becomes a gain to the project). No hauling and bringing it back, no backfilling and no compaction. However,the cast-in-place requirement involved the temporary lane for residential traffic, so that our sub (Ebsary FC) could excavate most of the fill, which we stockpiled and transported the excavated fill with yet another sub (Tate Trucking) off-site. The caisson method / procedure permitted RMI to achieve a successful installation of the PS while adhering to the weight limit on the bridge. We did this by bringing in the concrete, steel, and castings separately. However, the impact of this was that rather than using an inexpensive(off)site location to form and pour the structures above ground, all the equipment, material and personnel had to be brought to the site to a) provide shoring and excavate to the depth of the structure, b)furnish and install concrete to seal the bottom of the excavation, c) provide sustainable de-watering,d)assemble the forms and add the steel, and e)order concrete trucks to pour and fabricate the structure in place.All of the above had to occur while maintaining a safe construction site with barrier walls, dewatering pumps running 24/7, and multiple road steel plating to maintain traffic flow. After ample curing time, RMI had to remove the forms and pour the next section all over again in this repetitive process described above. After all of the sections had been installed, RMI had to fill the cavity between the shoring and the concrete and compact it to the required density. To achieve this cast in place we had to hire Ebsary Foundation Company (a sub-contractor) for the shoring and to pour a 6-foot-deep tremie seal at the bottom of the entire pit to eliminate any uplift and allow for the total dewatering of the oversize pit.We also had to hire 3-Cs Construction (a sub-contractor) to form and construct the cast-in-place structure approximately 16 feet deep. This process required personnel in the hole under safety review and practices, forming and pouring a 5,000-psi concrete base, 12-inch walls and the top to the Pump Station structure. Allowing for 7-day curing time and followed by stripping and disposing of forms. Needless to say, all of the above was at significant additional cost and time to perform this changed work that resulted from the undisclosed information regarding the capacity limitations of the bridge. Had the information regarding such limitations been included in the DC-Package or other Contract Documents the plan and resulting bid would have been modified accordingly. RMI is entitled to the additional costs and time that have resulted from these impacts. 7IPage 11\1C-MAN 1'�]E�.NATIONAL, INC. la(Vvi G EN E RAL CONTRACTOR 1545 NW 27TH Ave• Pompano Beach, Florida 33069 Phone: (954)426-1042 • Fax: (954)426-0717 • RER(DERM) revision to discharge velocity Throughout the permitting development, the Design-Build Team was made aware of a revised discharge velocity criterion by Miami-Dade RER (old DERM). This revised criterion required a slower discharge velocity into the surface waters. As a result, RMI was obliged to re-design portions of the Project and add 2-(two)dissipater structures,which correspondingly included the additional impact to the seawall requiring additional demolition and construction, structural design, inspection and certification and a larger riprap erosion control layout for the bay bottom adding extra work and materials.Additional coordination with the Army Corps. of Engineers to obtain permit approval was also required as a result. The tasks below and attached breakdowns reflect the"additional" portion of the extra work. During the design process,the City provided several deviations as to the location of the dissipater structure and the ancillary structures. Chen-Moore and Associates (CMA) subsequently revised the design plans several times, including re-modeling the drainage/pump system, re-assessing pipe conflicts, coordinating a zero-impact design to the existing large oak tree on Sunset Drive (the DCP made no mention of preserving the tree), and revised landscaping and irrigation plans to accommodate the City and HOA's requests. CMA, our design partner, was required to re-design the sea wall interface, extensively replace more of the sea-wall panels than initially anticipated and enlarge the outfall dimensions to comply with the reduced discharge velocity criteria. Several iterations of the proposed seawall interface and water stop designs were coordinated and prepared for eventual approval. Modifying the existing seawall required doing extensive work by divers underwater and cutting and demolition to remove a support pile in the way of the new larger seawall opening. Several concrete pours for foundation, bridge protection, and sea wall extensions, as well as additional backfilling and compaction were required. The revisions to the discharge velocity criterion necessitated all of these changes and revisions all at significant additional cost and time for the completion of the design and construction. RMI is entitled to the additional costs and time resulting from same. CMB Pump Station Relocation by City Directive On or about November 28th, 2016 (10 months or 298 days after Notice to Proceed#2)the City and HOA made requests to relocate the pump station on the Park at Sunset Island #4 (PS#4). As a result, CMA was required to commence revising its already started if not completed design plans incorporating re- modeling of the drainage and pump system, re-assessing pipe conflicts, and supplementary improvements. This after-the-fact modification necessitated many hours of dissertation at each progress meeting,site visit meetings, collaboration between CMA and RMI at long meetings into the night, additional permitting process and revisions, exploration,the requirement to now deal with building and zoning/parks and recreation departments, designing/constructing additional pipe footage for this longer path, as well as revising, lowering and additional grading at the park. RMI spent extra hours reviewing the relocation options of the Pump Station, meeting with representatives of the City, CMA, utility companies, subcontractors and City/HOA staff in preparation and implementation of this revision. Furthermore, additional time was expended procuring quotes, equating prices, dispensing purchase orders and agreements. RMI had to undertake additional exploration, utility location confirmation, additional excavation and pipe installation. Carefully designed precise shoring was provided on the west side of this new pump station location and pipe path due to the proximity to an adjacent residential home. Added efforts were expended in the new location for the trash rack,dissipation structure and seawall outfall 81Page fie,IC-MAN INTE I"NATIONAL, INC. gar GENERAL CONTRACTOR 1545 NW 27TH Ave• Pompano Beach, Florida 33069 Phone: (954)426-1042 • Fax: (954)426-0717 at Island #4. Further excavation and disposal were performed to lower the grades on the east side of the pump station and pipe path within the park. Once again, all of these efforts were undertaken at significant additional cost to RMI for which additional compensation should be provided by the City. Schedule and Productivity Impacts RMI's schedule was approved with an NTP date of 1/5/15 and a 2nd NTP of 6/18/15 with a completion date of 7/28/16 inclusive of the 570 contract days. The schedule also specified the commencement of Pump Station activities on 9/21/15 and completion on 4/4/16. During the occurrence of the multiple impacts and resulting modifications addressed herein, the sequence of construction was altered requiring additional management and survey activities, in addition to further public involvement. Below is a detailed description of each modification impact. Our approved schedule indicated no more than 168 days for installation of the pump stations. The 595- day delay for the revision and completion of the pump station work addressed herein prohibited proper dewatering thru the new drainage as it was being installed towards each PS, thereby requiring other dewatering techniques. We had to add 2 wells and additional pumps to hopscotch the dewatering to each well. This process consisted of a slower production by requiring frequent modification of discharge points, extending dewatering intake and discharge pipes almost every other day. Furthermore, this "dewatering on"and "dewatering off' process, hindered the ability to maintain the ground dry and utilize dry backfill on numerous occasions. The described impacts resulted in extra coordination with traffic, existing utilities and required short days where complicated crossings had to be re-configured not allowing progress of full day's work. Stated differently, if RMI had to cross certain intersections and the crew(s) arrived at them at 2:00 or 3:00 pm, it was not feasible to continue for another 2 to 3 hours and not get thru the entire intersection disrupting residential traffic. So, it was necessary to stop work short of our goal, and resume work the next day. Clearly this process obviously substantiates the added days to our schedule. During the above described delays and additional work, management personnel had to undertake supplementary tasks associated with the multipurpose efforts of re-organizing crews, suspending and revising deliveries, determining productive paths and sequences to alter/revise progress. We incurred many more meetings and discussions regarding City needs and planning. Locating and contacting additional sub-contractors, meetings with new subs, negotiating prices, scheduling and supervising their work. Organizing our crews around these new subs and suppliers. Dealing with contractors working on private residences, utility company contractors on site, and additional one-call locates and dealing with additional weather impacts and hurricane not within our original schedule. The lengthening of the project required at the very least; Additional progress meetings Additional RFIs Additional site visits Additional scheduling revisions Additional MOT coordination Additional 2 week look ahead reports Additional MOT expenses Additional survey work and it's coordination Additional daily reporting 9lPage RIC-MAN INTE I NATIONAL, INC. day GENERAL CONTRACTOR 1545 NW 27TH Ave• Pompano Beach, Florida 33069 Phone: (954)426-1042• Fax: (954)426-0717 Additional accounting review time Additional weather delay coordination Additional general email and phone communication The needs of Miami Beach residents, something very important to the City had to be contemplated on a daily basis to provide the safest and most secure atmosphere on the project. Their impatience on the extend months added to the project had to be taken into account and explained.This constant notification of work zones, events resulted in additional discussions and meetings with PIO, resident meetings to review and respond to their concerns, re-coordinating work to appease homeowners, noise control, housekeeping, safety guidelines and dust control had to be extended thru the additional months of work. From the original completion date of 7/28/16 to the current expected completion of November 3r', 2019, 1193 days will have gone by which represents over 39 months (over 3 years)! Sunset Island 3 &4 Timeline Original Project NTP 1,Jan 5 Completion NTP2,Jun18 Ameidment 1 fAmendment 2 Posible Completion, Nov3 Amendment 3 1/5/2015 6/ /2015 7/28/20161,7/9 3/1/2017 9/4/2017 Water&Drainage Construction 1193 Days had lapsed Jun 18-Jul 28 since original completion 790 Days of Delay Pump Station Sep 21-Apr4 Raise Street May 18-Dec 31 Even today, the City will not release us from closing the drainage pump station with DERM, even though the permitting agency agrees,the improvements were constructed according to the permitted plans. DERM has acknowledged the initial pump startup on March 6, 2018 did not result in the visual plume, as later witnessed. There are different potential causes of the plume as seen recently, which include landward cause, such as silt buildup in the system, and seaward causes, such as erosion of the bay bottom, due to the shallow tailwater at the discharge location. However, DERM is seeking a City-wide solution to the scouring. This is obviously outside our scope of work. In addition,there are several change orders provided to the City which have not been processed impeding closing out the project. 10'Page 1"1C-MAN INTE NATIONAL, INC. GENERAL CONTRACTOR 1545 NW 27TH Ave• Pompano Beach, Florida 33069 Phone: (954)426-1042 • Fax: (954)426-0717 Quantum to REA Pursuant to the previous meeting and discussions with City representatives, the City requested that RMI package the issues and claims so that they can be more easily understood and addressed by the City. RMI has maintained a similar cost format for the associated cost/credits breakdown. In addition,we have incorporated outstanding as-built,sewer channel and VFD replacement and additional line reactors RFCO. During our calculation of the cost,we discovered previous non-negotiated change orders had an outdated calculation of the labor burden. We have included a credit. Using our best knowledge, timesheet and Stantec Dailies, below is a summary of the impacts and Ric-Man's claims in relation thereto. As before we have divided the 5 major impacts. Title Amount Pipe Oversize $ 1,251,470.25 Bridge Limit $ 711,456.78 Cast In Place Pump Stations $ 150,058.48 Additional Excavation/Stockpile $ 152,509.90 Sheeting for Pump Station $ 408,888.40 RER $ 335,538.06 RER Redesign $ 21,720.50 Dissipation Structure $ 27,535.18 Revise Discharge Limits—Seawall Modifications $ 286,282.38 PS Relocation $ 33,981.95 Schedule and Productivity Impacts $ 604,120.58 Additional As-Built Request $ 237,241.76 PS 3 &4 Additional Line Reactors $ 16,459.74 Repair Sewer Channels $ 15,173.09 Adjustment to Labor Burden $ (14,225.63) RMI's total REA is in the amount of $3,191,216.58. Pursuant to the information provided above, this amount is justified, and it is reasonable. Should the City continue to reject the REA it will be receiving a windfall benefit by receiving a system that contains pipe, pumps and control structures that are significantly larger than anything addressed in the City's DCP,as well as other benefits afforded during the construction process at a much-reduced cost. To put it in different terms, the City will be getting a Mercedes for the price of a Volkswagen, and that is not what was or should be the result of the Design/Build process. As required by Contract, RMI was required to proceed with the work notwithstanding these multiple impacts and the City's failure and refusal to properly and timely address same. During much of 2017 and 2018 there were several meetings held and the parties exchanged multiple letters. During some of the meeting the City offered informal figures to settle RMI's claims, but the amounts proposed bore no relation to the additional costs that were incurred. Article 11.02 of the Contract provides: "(...) Within sixty(60) calendar days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to avoid litigation." Please contact the undersigned at your earliest convenience so that we 111Page 1"IC MAN INTERNATIONAL, INC, GENERAL CONTRACTOR 1545 NW 27TH Ave• Pompano Beach, Florida 33069 Phone: (954)426-1042• Fax:(954)426-0717 may discuss the selection of a mediator and the scheduling of a mediation conference. We have copied our legal counsel on this letter/ REA, so if you prefer, please have a representative of the City's Legal Department contact Mr. Libanoff to coordinate the mediation process. We look forward to a successful mediation at which all of these issues can be addressed candidly and openly so that RMI and the City can reach agreement on the close out of the Contract and Project. incerely, -411110,p7r- Rett= . Castillo •- Cc: Jimmy L. Morales David Martinez, PE Ira L. Libanoff, Esq. • • i N • 12[Page i 1 REA — Increase Pipe and Pump Station Size i"IC-MAT INTERNATIONAL,TIONAL, INC. SG;Pr GENERAL CONTRACTOR 1545 NW 27TH Ave• Pompano Beach, Florida 33069 Phone: (954)426-1042• Fax: (954)426-0717 REA— Increase Pipe and Pump Station Size The breakdown and explanation below are to identify the disparity between the Design Criteria Package (DCP) provide during the pre-proposal phase and the resulting actual design and construction after permitting. The requirements in the DCP were insufficient, misleading and inadequate for the intended scope the City desired. As a result, insurmountable time and costly efforts were expended in design, reviews, re-submittals, construction, alterations and finalization. The DCP failed to indicate the proper sizing of pipelines and pump station requiring almost a million dollars'worth of extra work. The chart below identifies the Drainage Pipe comparison between the Design Criteria Package (DCP) and the resulting final design after applying actual permit requirements adding data not provided in the DCP e.g.; finish floor elevations. The left side reflects DCP pipe sizes and quantities with DCP proposal prices which will equal the price in appendix D Cost Tender Form after adding the next chart.The right- side Permit Requirement Design reflects the constructed pipe sizes and quantities with DCP proposal prices and prices from our Bayshore Proposal in yellow and extrapolations in peach. As can be seen the final product required excessively greater pipe sizes resulting in an overall cost almost doubling the original scope. No Description QTY UNIT PRICE TOTAL No Description QTY UNIT PRICE TOTAL 1 18"A2000 Pipe 750. LF $ 83.00 $ 62,250.00 2 18"A2000 Pipe 1,381. LF $ 83.00 $ 114,623.00 2 24"A2000 Pipe 5,569. LF $ 64.00 $ 356,416,00 3 24"A2000 Pipe 3,391. _ LF $ 64.00 $ 217,024.00 3 30"A2000Pipe 576. LF $ 79.00 $ 45,504.00 4 30"A2000Pipe 1,130. LF $ 170.00 $ 192,100.00 4 5 36"A2000 Pipe 971. _ $ 226.07 $ 219,513.97 5 6 72"RCP 165. LF $ 710.00 $ 117,150.00 Stormwater Pipelines Crist Per Design Criteria: $ -464,170.00 Pipelines Cost Per Final Design: $ 86(1410.97. The next chart below reflects the Drainage Structures.The left side reflects DCP structure sizes and quantities with DCP proposal prices,the right-side Permit Requirement Design reflects the constructed structure sizes and quantities with DCP proposal prices-and prices from our Bayshore Proposal in yellow. The final product required is slightly less quantity, but greater volume than the original value. Combining the Stormwater Pipeline value with the Stormwater Structures results on the left DCP side with the exact value in the price in appendix D Cost Tender Form of$1,141,080.00 This supports the values associated with each pipe and structure size shown. On the right side the Permit Requirement/final construction value of$1,687,021.00 which is $545,940.70 greater than the DCP value provided in appendix D. 11,IC-MAT INTERNATIONAL, INC. SCar GENERAL CONTRACTOR IN* 1545 NW 27TH Ave• Pompano Beach, Florida 33069 Phone: (954)426-1042• Fax: (954)426-0717 Stormwater Structures - Stormwater Design-Upsize in Structures(BASED 100%) No Description QTY UNIT PRICE TOTAL No Description QTY UNIT PRICE TOTAL 6 N/A $ - 6 32x32vginlet 10 ea $ 3,500.00 5 35,000.00 7 Type CInlet(6.8ft) 31 $ 3,200 $ 99,200 7 32x32cb 39 ea $ 3,500.00 $ 136,500.00 8 Type C Inlet(8-10 ft) 24 $ 3,500 $ 84,000 8 32 round 2 ea $ 3,500.00 $ 7,000.00 9 Type C Inlet(10-12 ft) 7 $ 4,300 $ 30,100 9 32 round 8 ea $ 4,300.00 $ 34,400.00 10 N/A $ - 10 42 round vg 2 ea $ 6,100.00 $ 12,200.00 11 N/A $ - 11 42 round cb 5 ea $ 8,500.00 $ 42,500.00 12 N/A $ - 12 42cb 1 ea $ 11,000.00 $ 11,000.00 13 48"Round Inlet(6.8 ft) 1 $ 3,400 $ 3,400 13 ea $ - 14 48"Manhole Structure(8-10 ft) 23. $ 3,700 $ 85,100 14 ea $ - 15 48"Round Inlet(8-10 ft) 12 $ 3,700 $ 44,400 15 48 round vg 6 ea $ 3,700.00 $ 22,200.00 16 48"Manhole Structure(10-12 ft) 12. $ 4;500 $ 54,000 16 ea $ - 17 60"Round Inlet(8-10 ft) 1 $ 4,800 $ 4,800 17 60 round vg 3 ea 5 4,800.00 $ 14,400.00 18 48"Round Inlet(10-12 ft) 5 $ 4,500 $ 22,500 18 48 round 28 ea $ 4,500.00 $ 126,000.00 19 60"Manhole Structure(8-10 ft) 2. $ 4,800 $ 9,600 19 ea $ - 20 60"Manhole Structure(10-12 ft) 1 $ 5,900 $ 5,900 20 60 round 9 ea $ 5,900.00 $ 53,100.00 21 N/A $ - 21 72 round 2 ea $ 9,700.00 $ 19,400.00 22 N/A $ - 22 72 round deep 1 ea $ 17,000.00 $ 17,000.00 23 N/A $ - 23 96 round 2 ea $ 17,000.00 $ 34,000.00 24 N/A $ - 24 4x6 box 1 ea $ 11,000.00 $ 11,000.00 25 N/A $ - 25 6x8 box 1 ea $ 17,000.00 $ 17,000.00 26 PIPE REMOVAL 1780 EA $ 16 $ 28,480 26 PIPE REMOVAL 1780 EA $ 16.00 $ 28,480.00 27 STR REMOVAL 45 EA $ 460 $ 20,700 27 STR REMOVAL 45 EA $ 460.00 $ 20,700.00 28 LINE OUTFALLS 7 EA $18,000 $ 126,000 28 LINE OUTFALLS 7 EA $ 18,000.00 $ 126,000.00 29 REHAB Dt INLETS 7 EA $ 3,800 $ 26,600 29 REHAB EX INLETS 7 EA $ 3,800.00 $ 26,600.00 30 CLEAN NEW STRUCTURES&PIPES 119 EA $ 270 $ 32,130 30 CLEAN NEW 119 EA $ 270.00 $ 32,130.00 STRUCTURES&PIPES 31 $ - 31 $ - 32 $ - 32 $ - Total Structures:. 119 - TOTAL: $ 676,910 Total Strictures:' .120 , TOTAL $ 826,610 Stormwater Drainage System(Pipe&Structure) : $ 1,141,080 { $ 1,687,021 A.endiR D Cost tende`TiForm 13:41;080 The following chart below reflects the Drainage Pump Stations. The left side reflects DCP structure types and Force Main sizes and quantities with DCP proposal prices, the right-side Permit Requirement Design reflects the constructed Pump Station and structures and quantities with DCP proposal prices and actual material prices incurred. The final price on the left matches the value in the price in appendix D Cost Tender Form of$1,554,428.00 which supports the values on the left side.The right side reflects a new and actual material only value of$1,877,319.00 totaling an excess of$336,450.47. Stormwater Design-Pump Station(BASED ON DCP) Stormwater Design-Upsize Pump Station(BASED ON 100%) el Descri.don QTY EIZSI PRICE TOTAL No Description QTY UNIT PRICE TOTAL •Vortex Downstream Defender 2 i . 27,000 54,000 Downstream Defend 2 ea $ 63,631.27 $ 127,262.54 •Manatee for 20"&14" - 2 -. 1,400 2,800 Manatee Grate 2 ea $ 2,588.78 $ 5,177.55 ®Grate Structure for trash rack 2 -. 14,000 28,000 Grate trash rack 2 5 8,352.78 $ 16,705.56 •30"Outfall#3 422 • 110 46,420 6 3.5x6 BX CULV 3.5 LF $ 1,500.00 $ 5,250.00 •30"Outfall#4 15 ® 140 2,100 7 5X6 BX CULV 7 LF $ 1,800.00 $ 12,600.00 •12"Force Main#3 844 © 82 69,208 8 36"Force Main#3 386 LF $ 160.00 $ 61,760.00 •24"Force Main#4 30 •• 130 3,900 9 24"Force Main 114 13 LF $ 130.00 $ 1,690.00 •Dissapation 2 EA 23,000 46,000 Dissapation - 2 EA $ 23,000:00 $ 46,000.00 •Pumps 2 EA 394,170 788,340 Pumps 1 LS $ 845,257.00 $ 845,257.00 •PS Pannels 1 © 103,000 103,000 PS Pan nels 1 LS $ 310,923.00 $ 310,923.00 -_- ** #3 Bx16 By-pass str 1 ea $ 20,840.66 $ 20,840.66 • -_- - ** 9x14 By-pass str 1 ea $ 25,521.62 $ 25,521.62 •Wet Well 2 EA 35,937 71,875 Wet Well2 EA $ 35,937.32 $ 71,874.64 •Conduits 1 © 188,500 188,500 Conduits 1 LS $ 188,500.00 $ 188,500.00 • 2 EA 57,000 114,000 Supply 2 EA $ 57,000.00 $ 114,000.00 •24"Tideflex 2 EA 6,200 12,400 36"Tideflex 2 EA $ 11,978.00 5 23,956.00 •24"flap gates 4 EA 2,581 10,325 30"&24"flap gates 4 EA $ 3,252.68 $ 13,010.72 PS&Assoc.Structures TOTAL: $ 1,540,868�f PS&Assoc.Structures TOTAL $ 1,877,319 L ape di'x0,CosrTenderForm ,_•35354,4 ,.00J'' **Trash rack structures TOTAL:*STORM SYSTEM AND PUMP STATION* $ 2,681,948.00 Not in Orig Bid using Bayshore Prposal Values _ 7 I pendix D.CoS,tTeb etr F )terns 4add 5_ . $_ readyt _, 2,695,508:001 (Alinciuded on separate change order , RIC-MAN INTERNATIONAL, INC. GENERAL CONTRACTOR 1545 NW 27TH Ave• Pompano Beach, Florida 33069 Phone:(954)426-1042 • Fax: (954)426-0717 Final Chart SUMMARY INCREASES • ORIGINAL � @ 100' DRAINAGE PIPE $ 464,170.00 $ 860,410.97 $ 396,240.97 STRUCTURES $ 676,910.00 $ 826,610.00 $ 149,700.00 SUB TOTALS $1,141,080.00 $1,687,020.97 $545,940.97 PUMP STATION $ 1,540,868.00 $ 1,877,318.57 $ 336,451 PS LAB,EQUIP on added cost (Included) $ 134,580.23 $ 134,580 Labor Burden (Included) 45.00% $ 30,280.55 $ 30,281 SUBTOTALS $ 1,540,868.00 $ 2,042,179.35 $501,311.35 Profit on PS Items $ - 10.00% $ 204,217.93 $ 204,218 TOTALS $2,681,948.00 $3,933,418.25 $1,251,470.25 TOTAL: $ 1,251,470.25 GRAND TOTAL: , $ 1,251,470.25' The final chart summarizes all the above. The ORIGINAL column is the DCP price provided in the Cost Tender Form. The 100% column reflects the substantiated prices applied to the revised quantities. The INCREASES column reflects the DELTA form ORIGINAL to FINAL.The pump station material value is followed by the additions of labor, burden, profit applied to the PS Material costs only. REA — 2 Bridge Limit Cast In Place Pump Stations $ 150,058.48 Additional Excavation/Stockpile $ 152,509.90 Sheeting for Pump Station $ 408,888.40 4WPFR1C-MAN INTERNATIONAL, INC. GENERAL CONTRACTORS 410/0 1545 NW 27th Avenue•Pompano Beach,Florida 33073 Phone:(954)426-1042.Fax:(954)426-0717 ADDITIONAL WORK ONLY,FOR THE DESCRIPTION BELOW Breakdown of Costs Project: Sunset 3&4 Neighborhood Improvement Date: 08/08/19 .... ...... Description: Al-Bridge Capacity Limit Revission-Cast in Place PS Grand Total: $ 150 058.48 -- LABOR COSTS • Qty ; Regular Over Time 1 Totals PUMP STATION 3 i i , GENERAL MANAGER 1 I 12.00 100 00 1,200 00 0 150.00 , 0.00 1,200.00 GENERAL SUPERINTENDENT 1 17.00 ' 50.00 850.00 s 75.00 0.00 850.00 PROJECT MANAGER a 1 i 24.00 58.00 1,392 00 - i 87.00 0.00 ` 1,392.00 SUPERVISOR 1 I 24.00' 60.00 1,440.00 90.00 i 0.00 i 1,440.00 FOREMAN ; 1 1 92 50 i37.50 3,468.75 ' 56.25 ` 0 00 3,468.75 OPERATOR EXCAVATOR 1 L 49.50 t 27.00 1,336.50 40.50 i 0.00 1 1336.50 OPERATOR LOADER 1 64.00 17.00 1 1,088 00 25.50 i 0 00 i 1,088.00 • PIPE LAYER ( 1 68.00 21 00 1,428.00 j 31.50 . 0 00 1,428.00 LABORERS(1 TO 4/DAY) 1 90.00 14.00 1,260.00 21.00 i 0.00 . 1,260.00 TRUCK DRIVER(W Trk) 1 1 24.00 i 18.50 I 444.00 27.75 l 0.00 444.00 PUMP STATION 4 LABORER broom ! 1 i 6.00 1 14.00 i84 00 : - 21.00 0.00 84.00 TRUCK DRIVER(W Trk) 1 I 6.00 i 18.50 i 111.00 ` 27.75 0.00 111.00 Subtotal: 14,102.25 Labor Burden 45.00% 6,346.01 Subtotal: 20,448.26 Profit 10% 2,044.83 Subtotal: 22,493.09 I Labor Total: 22,493.09 MATERIAL COSTS SIZE ;DESCRIPTIONQTY Unit Price; Totals Cemex 1 i LS 1,041.65 I ' 1,041.65 , Subtotal: 1,041.65 Sales Tax @ 7.50% 78.12 Subtotal: 1,119.77 Profit 10.00% 111.98 Material Total: 1,231.75 EQUIPMENT Operating Type Model ;Qty iHrs iRate ` Sub Total Costs Sub Total Total BACKHOES I CAT 345BL II 44.46 MT . 1' 49 51 207.00 f 10,246 50 . 113.105,598 45 15,844.95 Al -Cast-in-Place Rev2019-4.xlsm PAGE 1 OF 3 SPECIALTY BUCKETS Qty H 1 Rate 1 Sub Total O .er.Gest.% I SbTot Totsti 3 cy 1 11 49.51 18.40 1 910.80 3.80 188.101 1,098.90 LOADERS :i Qty i Hrs 1 Rate i Sub total 9per.Costs Sub Total , Total DEERE 624K 198HPi 11 64 66.70 1 4,268.80 40.80 2,611.20 1 6,880.00 1 Disconnect Forks 11 64 1 6.90 1 441.60 1.80 115.20 556.80 Fork Attachment 1 1 l 64 1 6.33 1 405.12 3.35 214.40 ! 619.52 , TRUCKS I QtY 1 Hrs Rate 1 Sub total , Oper.Costs Sub Total 'Total , . Water Truck Cummins L9(350hp)1 11 24 1 76.68 1 1,840.32 39.50 948.00 2,788.32 . PICKUPS ' Qty ! Firs ! Rate Sub Total Ober.Costs Sub Total : Total , . Gen.Manager's Truck 11 12 i 13.66 163.92 1 24.40 1 292.80 1 456.72 : Gen.Superindent's Truck 11 17 ; 13.66 1 232.22 24.40 414.80 i 647.02 , . Proj.Manager's Truck 11 24 12.29 i 294.96 1 24.40 1 585.60 1 880.56 , . . 1 Supervisors Truck „ 11 24 ' 13.66 1 327.84 1 24.40 1 585.60 1 913.44 1 Ton Utility 1 P-U . • 1 93 12.14 , 1,129.02 1 29.10 1 2,706.30 3,835.32 . , „ ... COMPACTION Qty H rE; Rate. I Sub'Total Oper.Costs I Sub Total i Total • . . . ., . Bomag BW126AD4 Dbl 2.6t 1 8 74.751 598.00 10.35 82.80 1 680.80 ROADWAY i Qty ' Hrs Rate 1 Sub Total .... • Oper.Costs I' Sub Total i I otal Pvmnt Sweeper John Deere Broom 1 1 24 18.26 1 438.24 11.85 1 284.40 722.64 CUTTING TOOLS Qty Nra Rate Sub Total Oper.Costs Sub Total Total Cut-off Saw(Stihl) 1 20 6.90 1 138.00 2.10 i 42.00180.00 . . ELECTRICAL TOOLS Qty Hr s Rate i btsb I otal Oper.Costs I Sub Total Total Generator Portable 202kw 1 984 14.23 1 14,002.32 9.26 i 9,111.84 23,114.16 .. .. INSTRUMENTS Qty Hr s i Rate I Sub Total Open Costs I Sub Total Total Level Survey Instrument 1 50 ,10.79 1 539.50 2.05 1 102.50 642.00 , PUMPS Qty 1 Hrs i Rate ) bub Total Oper.31Costs I Sub Total Total 1 1"Centrifugal Pump 10 i 6 , 6•76 7.60 7.25 i 72.50 140.10 3"Suction Hose/25' 2 10 i 1.59 ; 31.80 0.00 i 0.00 31.80 3"Discharge Hose/50' 4 10 i 0.86 34.400 0.00 34.40 "HO 24".(7)(0) 6Pump 11 46 1 37.95 i 1,745.70 1,136.20 1 2,881.90 ; 6"Suction Hose(25) 21 46 1 3.16 290.72 0.10 1 9.20 i 299.92 6"Discharge Hose(50') 4: 46 1 3.31 609.04 0.10 i 18.40 1 627.44 Electric Test Pump 1E 984 1 7.71 7,586.64 2.65 1 2,607.60 ; 10,194.24 SAFETY Qty dr s I Rate Sub Total .!.. Opern Costs I Sub Total Total Trench Box 8"x 8'x 20' 1, 396 1 8.54 3,381.84 i 1.26 1 498.96 i 3,880.80 Trench Box 8"x 8'x 24 i 1 50 10.25 51250 1 1.51 1 75.50 588.00 Trench Shields Plates 10x20 6150 2.77 831 od I 0.26 1 78.00 909.00 . Barrier Walls Sections PER DAY , 21 61 3.07 3,932.67 1 0.00 1 0.00 3,932.67 Stone Box 1 50 1 19.84 992.00 0.63 1 31.50 1,023.50 Ladder 11 93 4.66 433.38 0.08 1 7.44 440.82 OTHER Qty 11 Hr' Rete Stsb Total . Open Costs I Sub total Total • Small Tools 93 37.95 3,529.35 4.60 , 427.80 3,957.15 ) • PUMP STATION 4 1 1 Water Truck Cummins L9(350hp)i •1.00 i 10 76.68 766.80 I 39.50 1 395.00 1,161.80 Pvmnt Sweeper Dual Eng Mas. Ferg 11 10 0.00 0.00 1 21.50 i 215.00 215.00 Barrier Walls Sections(PER DAY) 1 211 i 24 1.00 504.00 0.00 1 0.00 504.00 Ladder i 11 48 4.66 223.68 1 0.08 3.84 227.52 , Sheeting 1 , .• pannels 16x2 sf 8 Pannels I 256 sf 2,112 1 0.02 10,813.44 i 0.00 1 0.00 1 10,813.44 Small Tools 11 93 i 33.00 3,069.00 i 4.60 427.80 1 3,496.80 , Storage Container 3&4 i , 11 192 ! 7.25 1,392.00 1 0.00 1 0.00 1 1 392.00 1 1 Equipment Total: 107,030.45 Profit 10.00% 10,703.05 Equipment Total: 117,733.50 Al -Cast-in-Place Rev2019-4.xlsm PAGE 2 OF 3 SUBCONTRACTOR DESCRIPTIONQTY UnitPrice; Totals Georges Crane 1 LS 1,895.00 1 895.00 Trucking Broken Concrete 1 LS 667.78 667.78 Yard Rental ! 0.8 Mo 1,000.00 per month 800.00 Brothers Concrete LS 289.97 289,97 Dumpster rental 24.00 Days 30.264.67 Per day Avg. 726.24 Portable San. Facilities 24 OD 112.08 Subcontractor Total: 4,491.07 Subtotal: 4,491.07 Profit 10.00% 449.11 Subcontractor Total: 4,940.18 SUMMARY OF COSTS Labor Total: 22,493.09 Materials Total: 1,231.75 Equipment Total: 117,733.50 Subcontractors Total: 4.940.18 Non Duplicate Time Extension Requested: 24 Days Sub Total: 146,398.52 PREPARED BY: Ins.and Bonds 2.50% 3.659.96 Rene L. Castillo Grand Total: 150,058.48 . Al -Cast-in-Place Rev2019-4.xlsm PAGE 3 OF 3 RTIC-MAN IENE► NATI®NAL9 INC. ici;or GENERAL CONTRACTORS 40* 1545 NW 27th Avenue•Pompano Beach,Florida 33073 Phone:(954)426-1042•Fax:(954)426-0717 ADDITIONAL WORK ONLY,FOR THE DESCRIPTION BELOW Breakdown of Costs Project: Sunset 3&4 Neighborhood Improvement Date: 08/08/19 Description: Al-Bridge Capacity Limit Revission-EXCAV/STOCKPILE Grand Total: $ 152,509.90 - LABOR COSTS Qty „., Regular Over Time Totals PUMP STATION 3 GENERAL MANAGER a1 10.00 1 100.00 1,000 00 0 150.00 0.00 I 1,000,00 GENERAL SUPERINTENDENT 1_. 1 15.00 I 50.00 1 750.00 � - 75.00 0.00 750.00 PROJECT MANAGER i 1 21.00 , 58.00 1 1,218 00 87.00 0.00 1,218.00 SUPERVISOR 1 80 50 1 37.50 , 3018 75 ; 56 25 ` 0.00 3,018.75 OPERATOR EXCAVATOR 1 i 82 50 27 00 t 2,227.50 ; 40.50 ' 0.00 Z227.50 OPERATOR LOADER 1 51.00 ; 17.00_L 867.00 ; 25 50 0.00 867.00 PIPE LAYER 1 92.00 21 00 ' 1,932.00 31 501 0.00 f 1,932.00 LABORERS(1 TO 4!DAY) 1 52 50 ' 14 00 ; 735 00 21.00 '. 0.00 : 735.00 DUMP TRUCK DRIVER clean fill • 2 48.00 18.50 1,776 00 ; 27.75 = 0.00 1,776.00 TRUCK DRIVER(W Trk) . 1 16.00 ' i8.50296.00 I 1 - 1 27.75 I 0..00 ,. .. 296.00 PUMP STATION 4 } LABORER broom 1 7.00 14.00 98.00 ; 21 00 ; 0.00 98.00 TRUCK DRIVER(W Trk) 1 7.001 18.50 ' 129.50 27.75 ' 0.00 ; 129.50 it Subtotal: 14,047.75 Labor Burden 45.00% 6,321.49 Subtotal: 20,369.24 Profit 10% 2,036.92 Subtotal: 22,406.16 Labor Total: - 22,406.16 r MATERIAL COSTS i +.. Subtotal: 0.00 Sales Tax @ 7.50% 0.00 Subtotal: 0.00 Profit 10.00% 0.00 Material Total: 0.00 - EQUIPMENT Operating Type Model {Qty Hrs 'Rate Sub Total Costs Sub Total Total BACKHOES ' ' CAT 345BL II 44A6 MT ! 1 82.5 207 00 17,077.50 113.10 t 9,330.75 26,408.25 SPECIALTY BUCKETS Cob I l" Fta't5 tsb 1 s,tal C cs.Co a Sub Total sl ictal 3 cy 1 82.5 18.40 1!,•618.0d 3.80 ' 313.50 I 1,831.50 LOADERS 1 Qty... .. . Firr,. Rate.... .Sub Total .. _Oper°i. os . . I. Sub Total Total DEERE 624K 198HP1 1 51 i' 66 70 3 401 70 40.80 2,080.80 ' 5,482.50 Disconnect Forks 1 51 ' 6.90 , 351 90 I 1.80 I 91.80 } 443.70 Fork Attachment 11 51 . 6 33I.............322.83 3 35 . 170.85 493.68 TRUCKS Oty lire..._ Rate 1 Sub s otal I Over £.orae I Sub rot 1 Total Ford Dump Truck 2' 48 ` 53 82 . 5,166.72 ? 34 30 1 3,292.80 8 459.52 Water Truck Cummins L9(350hp)3 1 23 76.68 ; 1763 64 .. 39.50 = 908.50 2,672.14 PICKUPS 4 Oty Iia Ree Sub Total. Open Costs tnh Total Total .. .:.: Gen Superindents Truck i 1; 15 13.66 204.90 1 24.40 366.00 570.90 Proj.Manager's Truck ; 11 21 ' 12.29 258.09 1 24.40 ! 512.40 770.49 Supervisors Truck a 11 80.5j 13.66 1,099.63 24.40 1 1,964.20 3,063.83 1 Ton UtilityP-U 1 80.5'; 12.14 977 27 29 10 . . .. . .... 2 342.55 3 319.82 Al -Exc-Stkpile Rev2019-4.xlsm PAGE 1 OF 2 ROADWAY City ; Hrs Rate Sub Total I € ,4r COCAS Total otal =otal Pvmnt Sweeper John Deere Broom ; 1 i 23 ' 18.26 i 419-.98 : 11.85 a 272.55 692.53 CUTTING TOOLS Cay i Hrs .. R tto Sub T 5thl Oper,Costs€s uitF Total Total Cut-off Saw(Stihl) 1 1 20 6.90 138.00 ' 2.10 ; 42.00180.00 INSTRUMENTS i.. ._.city Hrs Rate Sib Totar I. ... .Oper.Costs s I Sub €ctal i Total Level Survey Instrument 11 83 , 10.79 895.57 . 2.05 I 170.15 1 1,065.72 PUMPSQty i HCs Rate I Sub Total I Oper.Costs ts, Sub Total Total 3 Centrifugal Pump 1; 56 f 6.76 378.56 7.25 i 406.00 ; 784.56 3 Suction Hose/25 2! 56 1.59 , 178 08 1 0.00 1 0.00 178.08 3'Discharge Hose/50' 1 4i 56 1 0.86 192.640 00 i 4"Hyd Pump 1 100 21.39 2 139 00 ' - 13.55 1 355.00 3,494.00 4"Suction Hose(25') 21 100 1.44 ' 288.00 0.00 1 :00 288.00 x 4"Discharge Hose(50') 41 100 0.86 344.000.00 0.00 •344.00 SAFETY 1 OW ` Hrs < Rete t Sib fro 7l Open Cwt_ I Sub Total Total Trench Shields Plates 10x20 g 6. 83Z77 1,379.46 0.26 , 129.48 ; . 1,508,94 l Barrier Walls Sections PER DAY Y 21 i 29 3.07 1 1,869.63 ; 0.00 I 0.00 ; 1,869.63 Stone Box 11 83 19.84 i 1,646 72 0.63 a 52.29 ; 1,699.01 Ladder 1; 81 " 4 66 I 377 46 0 08 6.48 383.94 OTHER Qty i €-ire 1._ Rate total Sub _I Oper.Cc'sts.._. l Sub Total Total Small Tools 1;.........................................................................811 37.953,073.951 4.60 j 372.60 3,446.55 PUMP STATION 4 a Barrier Walls Sections(PER DAY) 211 67 ; 1.00 i 1,407 00 i 0.00 . 0.00 1 1,407.00 Ladder 1, 81 4.66 377.46 0 08 3.84 381.30 Sheeting l_. a. I pannels 16x2 sf 8 Pannelsl 256 sf 67 i 0.02 343.04 " 0.00 0.00 ' 343.04 Small Tools 1! 536 1 33.00 ' 17 688 00 , 4 60 60. 2 465.60 20 153.60 Storage Container 3&4 1: 536 7.25 1 3,886.00 : 0.08 i 3.84 j 3,889.84 Equipment Total: 95,818.71 Profit 10.00% 9,581.87 Equipment Total: 105,400.58 SUBCONTRACTOR DESCRIPTION QTY Unit _i,... Price; ,.... Totals Tate Trucking Move Muck to yard 200.81 'HR 42 00 8 434.02 Tate Haul Muck from Yard to Dump 48 LD 125.00 6 000.00 2.2 Mo 1,000.00 per month 2 200.00 Haul Disposal. ._. .... 1' LD.... 135 00 ; i.... 135 00 Dumpster rental 67 ;Days 30.26 ;Per day Avg. 2,027.42 Portable San. Facilities 67 E/D 4.17 { 279.39 Subcontractor Total: 19,075.83 Gen.Supervission 0.00% 0.00 Subtotal: 19,075.83 Profit 10.00% 1,907.58 Subcontractor Total: 20,983.41 SUMMARY OF COSTS Labor Total: 22,406.16 Materials Total: 0.00 Equipment Total: 105,400.58 Subcontractors Total: 20.983.41 Non Duplicate Time Extension Requested: 67 Days Sub Total: 148,790.15 PREPARED BY: Ins. and Bonds 2.50% 3,719.75 Rene L. Castillo Grand Total: 152,509.90 Al -Exc-Stkpile Rev2019-4.xlsm PAGE 2 OF 2 EXHIBIT B SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("Agreement") is made and entered into this day of ,2020, by and between RIC-MAN INTERNATIONAL,INC ., a Florida corporation, hereinafter "RMP") and the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation in the State of Florida (hereinafter, the "City").RMI and the City may also be referred to individually as a("Party" and collectively as the "Parties"). RECITALS WHEREAS, on September 10, 2014, the Mayor and City Commission adopted Resolution No. 2014-28749,pursuant to Request for Proposals No.2014-051-SR,authorizing the Mayor and City Clerk to execute an agreement(the"Agreement")with Ric-Man International,Inc. (RMI),for design-build services for Neighborhood No. 8: Sunset Islands 3 & 4 Right-of-Way (ROW) Infrastructure Improvements (the "Project")in the amount of$7,774,967.51; and WHEREAS, the scope of the Project consists of the design and construction, associated with the earthwork, pavement reconstruction, overhead utility undergrounding, sidewalk construction, water main improvements,water meter replacement,storm drainage infrastructure installation,sanitary sewer main and structure lining, new conduits, conductors and service point for the existing street lights and streetscape/planting improvements WHEREAS, on January 5,2015,the City issued Notice to Proceed(NTP)No. 1 directing RMI to start the pre-construction work on the Project,including engineering design,and permitting,and on June 8, 2015,the City issued NTP No.2 directing RMI to commence the construction phase of the Project; and WHEREAS, currently, there remains portions of the Project that have not achieved Substantial Completion, including finalizing the sanitary sewer system, stormwater pump stations, underground franchise utility equipment, landscaping, pavement markings and signage are the remaining disciplines in need of substantial completion; and Whereas,on September 6,2019,RMI asserted a claim against the City for additional compensation associated with increased pipe sizes, bridge limit restrictions restricting RMI's ability to use certain equipment, Department of Regulatory and Environmental Resources (DERM) design and permit requirements, pump station relocation, schedule and productivity impacts, additional as-built requests, pump stations additional line reactors,and repair of sewer channels; and WHEREAS,the Parties desire to settle all claims, disputes,past,present, or future regarding the Project, regardless of responsibility; and WHEREAS, the Parties believe it would be in their best interests and the best interests of the citizens of the City to agree to the provisions of this Agreement. NOW THEREFORE, in consideration for the exchange of promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties agree as follows: 1. Recitals: The above Recitals are true and correct and are incorporated herein. 2. Settlement Terms: The City has identified tasks remaining for the Project that are required for the Contractor to reach Final Completion(the"Completion Tasks"). The tasks are attached hereto as Exhibit"A" a. The City agrees to pay Contractor the sum of One Million Six Hundred and Fifty Thousand Dollars and No Cents($1,650,000.00)("Settlement Sum"),which Settlement Sum shall be paid as follows: i. The City shall pay Contractor$300,000 within ten(10) days following the City's receipt of a time-line and schedule, in a form acceptable to the City, for the tasks outlined in Exhibit"A".Contractor shall submit the time-line and schedule for the Completion Tasks to the City within five(5) days following the execution of this agreement. ii. The City shall pay the balance of the Settlement Sum($1,350,00.00)within thirty (30) days following the Contractor completing the tasks in strict accordance with the schedule and time-line approved by the City for the tasks outlined in Exhibit "A"and achieving Final Completion(as defined in the agreement between the City and Contractor) for all disciplines consisting of: water system, sanitary system, stormwater system including the pump station structures, lighting system, franchise utility undergrounding system, hardscape, landscaping and irrigation; receiving final acceptance, and closeout of all the permits issued by City and outside agencies. b. In addition to the Settlement Sum, The City is currently holding Two Hundred Seventy- Seven Thousand One hundred and Eighty-Six Dollars and Eighty-One Cents($277,764.92) of retainage for the Project(the"Retainage"). In addition to the Settlement Sum, the City shall pay to the Contractor the balance of the Retainage within thirty (30) days following Contractor achieving Final Completion (including providing all releases and consent of surety) and in strict accordance with the schedule and time-line approved by the City of the tasks on Exhibit"A". 3. Releases: In further consideration of the execution of this Agreement, the Parties for themselves and their respective parent companies, subsidiaries, divisions, affiliates, unit owners, insurers, officers, directors, agents, employees, subcontractors, representatives, successors and assigns (the "City Releasors" or "RMI Releasors," as the case may be), hereby execute, subject to the conditions and exclusions set forth in this Agreement, the following Releases: a. RMI Releasors' Release of City Releasors: Upon payment of the Final Payment by the City and clearance of said funds, the RMI Releasors hereby remise, release, acquit, satisfy and forever discharge the City Releasors, which throughout this Agreement includes, but is not limited to, its affiliates, Commissioners, insurers,sureties, directors, officers, employees, agents and attorneys, together with its heirs, executors, administrators, associates, representatives, successors and•assigns, of and from any and all manner of past, present and future claims, action and actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, obligations, damages, judgments, costs, expenses, cause and causes of action, executions, claims, liabilities, and demands whatsoever, in law or in equity,whether for compensatory, punitive, or other damages (collectively referred to in this Paragraph as the "Claims"), which the RMI Releasors have held or now hold, ever had, now have, or which the RMI Releasors hereinafter can, shall or may have against the City Releasors, for any and all 2 Claims, whether known or unknown, arising from, pertaining to and/or in any way relating to the Project. b. City Releasors' Release of RMI Releasors: Except as provided and expressly subject to the limitations set forth in this Paragraph 3(b)and Paragraph 4 herein, which the Parties agree and acknowledge limits the scope of the City Releasors' release of the RMI Releasors to the RMI Claim, the City Releasors hereby remise,release, acquit, satisfy and forever discharge the RMI Releasors, which throughout this Agreement includes, but is not limited to,its affiliates; insurers, sureties, directors, officers,employees,agents and attorneys, together with its heirs, executors, administrators, associates, representatives, successors and assigns,of and from any and all manner of past, present and future claims, action and actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances,trespasses, obligations,damages,judgments, costs, expenses, cause and causes of action,executions, claims and liabilities, and demands whatsoever, in law or in equity, whether for compensatory, punitive, or other damages (collectively referred to in this Paragraph as the"Claims"), which the City Releasors have held or now hold, ever had, now have, or which the City Releasors hereinafter can, shall or may have against the RMI Releasors, for any and all Claims, whether known or unknown, arising from, pertaining to and/or in any way relating to only the RMI Claim. 4. Latent Defects, Warranties and Third-Party Actions: a. The Parties agree that, in addition to all other contractual obligations of RMI pertaining to the Project, specifically excluded from any release or waiver by the Parties under this Agreement, are any demands, claims and causes of action arising from: (i) latent defects; (ii)warranty claims; or (iii)any third party actions for property damage, bodily injury, personal injury or death pertaining to the Project. The City shall not be precluded from bringing any action at law or equity arising from or relating to such matters. b. RMI agrees that it shall honor and be responsible to the City for all warranties and guarantees as specified in the Contract and/or as otherwise provided, by law or in equity.RMI further acknowledges and agrees that nothing contained in this Agreement shall constitute a waiver of any right by the City to seek enforcement of those warranties and guarantees against RMI, its sureties, insurers, subcontractors and suppliers. 5. No Admission of Liability: It is understood and agreed that the claims which are the subject of this Agreement are disputed claims and that the execution of this Agreement by the- Parties, and the exclusions set forth in this Agreement, are not intended to, and shall not in any way, constitute or be deemed an express or implied admission or acceptance of any negligence, misconduct, responsibility or liability by the Parties or an admission against interest by the Parties, and that the Parties expressly and specifically deny all such claims. Such consideration is being given to reduce the expense,uncertainties and hazards of litigation and to mitigate damages to each of the Parties. There shall not be any implication by any trier of fact or law of any admission or acceptance of liability or admission against interest by the Parties and it shallnot be used against the City Releasors or the RMI Releasors in any attempt to prove any future liability claims. 6. Binding Effect: Subject to City Commission approval and execution by the Parties, this 3 Agreement shall be binding upon the Parties and their respective successors and assigns. However, execution and notarization by all Parties shall be a condition precedent to the effectiveness of this Agreement as binding against any Party.If the City Commission does not issue the approval, the Agreement shall be null and void and of no force and effect 7. Attorney's Fees: If any legal action, proceeding, or hearing is brought by the City Releasors or the RMI Releasors to resolve a dispute regarding enforcement of the terms of this Agreement, then the prevailing party as between the City Releasors and the RMI Releasors shall be entitled to recover reasonable attorney's fees and court costs incurred. The Parties shall bear their own fees and costs relating to the negotiation and execution of this Agreement to date. 8. Miscellaneous: The Parties further agree as follows: a. The Parties acknowledge and agree that this Agreement is fully and adequately supported by consideration and is fair and reasonable.The Parties further acknowledge and agree that: (i) each Party has had the opportunity to consult with, and has in fact consulted with, such professionals, experts and legal counsel of its choice as such Party may have desired with respect to all matters settled and resolved herein; (ii) each Party has participated fully in the negotiation and preparation of this Agreement; (iii) each Party has carefully reviewed this Agreement and is entering into same freely; and (iv) this Agreement is entered into in good faith and was not obtained by fraud, misrepresentation, or deceit. Accordingly, this Agreement shall not be more strictly construed against any Party. b. The Parties hereto understand and agree that this Agreement will not be binding on the Parties to this Agreement until such time as the City Commission of the City of Miami Beach has approved same, and the Agreement is fully executed by the Parties to the Agreement. City Commission approval is a material condition precedent to the execution and enforceability of this Agreement, without which the City does not agree to, and is not subject to, the terms and conditions contained herein. c. Each of the signatories hereto represents that he or she has authority to execute this Agreement and to bind the Party on whose behalf he or she has signed. d. This Agreement is being consummated in the State of Florida, and the performance by the Parties hereto is in the State of Florida. This Agreement shall be construed and governed in accordance with the laws of the State of Florida and the sole and exclusive venue for any lawsuit relating to this Agreement is Miami-Dade County, Florida. The Parties expressly agree to waive trial by jury in any action to enforce this Agreement. e. In construing this Agreement, the singular shall be held to include the plural, the plural shall be held .to include the singular, the use of any gender shall be held to include every other and all genders, and captions and paragraph headings shall be disregarded. f. Time is of the essence in the performance of this Agreement. 9. Entire Agreement: This Agreement, together with any documents referenced herein, constitutes the full and entire agreement and understanding between the Parties as related to the Project, and there are no agreements, representations or warranties except as specifically set forth 4 herein. This Agreement replaces any prior or contemporaneous written or oral representation or understanding about the terms of this Agreement. All prior discussions, negotiations, letters, demands and writings of any kind are fully merged into this Agreement and are to be construed to be of no further force or effect, it being the intention of the Parties that this Agreement shall serve as the sole and entire expression of their agreement and understanding.This Agreement shall be binding on, and shall inure to the benefit of, the respective successors and assigns, if any, of each Party. 10. Modification No Waiver: This Agreement may only be modified in writing signed by both Parties. No waiver or modification of the Agreement or of any covenant,condition or limitation contained herein, shall be valid unless in writing and signed by all Parties to the Agreement, or their authorized counsel. If the City or RMI excuses or condones any breach or default by the other Party of any obligation under this Agreement, this shall not be a waiver of such obligation with respect to any continuing obligation or subsequent breach or default and no such waiver shall be implied. 11. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together represent one instrument binding on the Parties, notwithstanding that all of the Parties are not signatories to the same counterpart. Each Party shall execute four(4) original copies of the Agreement. 12. Severability: If any provision of this Agreement is held or rendered illegal or unenforceable, it shall be considered separate and severable from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and bind the Parties as though the illegal or unenforceable provision had never been included in the Agreement. 13. Captions; References: The captions of this Agreement are for the purpose of convenience of reference only and in no way define, limit or describe the scope or intent of the Agreement or in any way affect the terms and conditions of this Agreement. All references in the Agreement to the terms "herein," "hereunder," "hereof and words of similar import shall refer to this Agreement, as distinguished from the Paragraph, Section and/or Subsection within which such term is located. 14. Third Parties: Nothing express or implied in this Agreement is intended or should be construed to confer upon or give any person or entity, other than the City and RMI, any rights or remedies under, or by reason of,this Agreement. IN WITNESS WHEREOF, the Parties have set their hands and seals on the day and date first written above: [Remainder of page intentionally left blank] 5 Exhibit"A" COMPLETION TASKS The following remaining task represents the Completion Tasks.Within five(5) days following the execution of this agreement, Contractor shall provide the City, in a form acceptable to the City, a detailed time-line and schedule identifying completion dates for each of the tasks set forth below. 1. Final Approved Record Drawings for: a. Water b. Stormwater and the pump stations c. Sanitary sewer d. Streetlight conduits and control panel e. Hardscape f. Pavement Markings and Signage g. Underground franchise utilities h. Landscaping and irrigation 2. Final Approved Substantial Completion Forms for: a. Sanitary sewer b. Pavement Markings and Signage c. Underground Franchise Utilities d. Landscaping and irrigation 3. Acceptance of facilities by Franchised Utilities(FPL and ABB). 4. Resolve driveway at 2111 Lake Avenue. 5. Replace burned VFD at Island 3 pump station and add line reactors to both pump stations,Island 3 and Island 4. 6. Repair the water intrusions associated with the pump station#4 structures. 7. Close all open permits a. DERM Class II Permit 20150032-evidence the permit has been closed b. CMB Building Department c. CMB Tree Removal Permit d. NPDES Notice of Termination e. MDC Traffic Engineering 8. Provide all Final Forms necessary for close-out: a. Executed Final Completion form for all disciplines b. Close out of all the permits c. Final Release of Lien from Contractor, sub-contractors, and suppliers d. Final Consent of Surety e. Final Pay Application accompanied by Final Certificate of Payment. f. Approved Operation and Maintenance Manuals for all equipment. 6