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Resolution 2021-31534 RESOLUTION NO. 2021-31534 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 1 TO THE CONSTRUCTION CONTRACT, BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND V ENGINEERING & CONSULTING CORP., FOR CONSTRUCTION SERVICES FOR THE RUE VENDOME PLAZA PROJECT, IN THE AMOUNT OF 171,736.84, PLUS TEN PERCENT CONTINGENCY IN THE AMOUNT OF $17,173.68; FOR A GRAND TOTAL OF $188,910.52; AND GRANTING THE CONTRACTOR A TIME EXTENSION OF TWO HUNDRED SEVENTY SIX (276) CALENDAR DAYS SUBJECT TO AND CONTINGENT UPON APPROVAL OF THE SECOND AMENDMENT TO THE FY20/21 CAPITAL BUDGET. WHEREAS, in 2017, the City commissioned a professional engineering consultant for the design of a pedestrian plaza at Rue Vendome, which includes the removal of the existing asphalt paving, concrete curb and gutters, adjacent sidewalks and walkways, up to and surrounding the fountain, and raising the area using new white concrete pavement, and permeable pavers; and WHEREAS, oolite stone benches, steps, and ramps have been designed to harmonize the elevated plaza with adjacent commercial properties to the west and the existing landscaping will be supplemented with new shade trees, shrubs and ground cover throughout the space and new lighting at the plaza shall be provided,to facilitate decorative lights and future artistic displays. Benches, trash and recycle receptacles are also included; and WHEREAS, on September 11, 2019, the Mayor and City Commission approved the City Manager's recommendation pertaining to the bids received pursuant to ITB 2019-296-DF and V Engineering & Consulting Corp. (VEC)was selected as the general contractor for Rue Vendome with a contract amount of $1,684,025.00, plus ten percent contingency in the amount of $168,402.50, fora grand total of$1,852,427.50; and WHEREAS, on March 5, 2020, upon receipt of permits from the City, FDOT, Miami-Dade County DERM, construction for the new public plaza began; and WHEREAS, on April 13, 2020, after the commencement of construction, FDOT notified the City that the subject public Right of Way (ROW), Rue Vendome between 71st Street and Normandy Drive, belonged to FDOT, and voided all previously approved permits for construction within the ROW on 71ST Street and Normandy Drive; and WHEREAS, a transfer of the ROW, on that portion of Rue Vendome, from FDOT to the City of Miami Beach, was required as a condition for the re-issuance of permits and on May 13, 2020, the Mayor and City Commission adopted a Resolution No. 2020-31254 approving and authorizing the City Manager to accept the transfer of the ROW from FDOT to the City; and WHEREAS, in executing the transfer, FDOT requested that the City grant FDOT three separate perpetual easement areas, located along the North side of the intersection of 71st Street and Rue Vendome, where several traffic signal infrastructure boxes are located above and below ground; and • WHEREAS, FDOT is responsible for the maintenance of these traffic signals and therefore requires perpetual access for maintenance purposes and on September 16, 2020, the Mayor and Commission adopted Resolution No. 2020-31385 approving and authorizing the Mayor and City Clerk to execute the requested perpetual easement in favor of FDOT; and WHEREAS, subsequently, FDOT presented a Maintenance Memorandum of Agreement (MMOA) to the City, whereby the City would accept full maintenance responsibility for the area and on October 14, 2020, the Mayor and City Commission adopted Resolution No. 2020-31448 approving and authorizing the Mayor and City Clerk to execute the MMOA; and WHEREAS, the documents for the transfer of the right of way; for the granting of the easement; and for the maintenance memorandum of agreement have all been executed and recorded and on December 4, 2020, eight (8) months after voiding the permits, FDOT reissued the Construction Agreement (permit), once again approving the proposed scope of work, and allowing the contractor to resume construction activities in the FDOT ROW; and WHEREAS, additional work has also been identified during construction, as necessary for the successful completion of the project; and WHEREAS, these include replacing the malfunctioning existing fountain pump and filtration equipment, the fountain electrical control panel, providing the additional components required for a complete security system, harmonization with adjacent properties, and rerouting the drainage lines from the existing pump station; and WHEREAS, the additional scope will expend the majority of the$168,402.50 contingency previously approved for the project; and WHEREAS, on April 21, 2020, V-Engineering & Consulting Corp. (VEC)advised the City, that it had uncovered two unforeseen FPL duct banks that were in conflict with the proposed work and further excavations exposed large water piping within the proposed work area which conflicted with the proposed location of the new PVC drainage pipes; and WHEREAS, the resolution of the conflicts warranted the revision of the permit documents to reroute the related drainage pipes, and provide two additional drainage structures and VEC has submitted a proposal for the $44,522.84 cost (Exhibit A) of the changes in the drainage design; and WHEREAS, on December 4, 2020, VEC submitted a request for an extension of the General Requirements of the contract, related to all additional and revised scope to date, and changes in the sequencing and scheduling of work within the FDOT ROW, in the amount of $127,214(Exhibit B); and WHEREAS, the transfer of the ROW from FDOT to the City, and the voiding of all applicable permits, prevented the contractor from performing work or connecting to utilities within the FDOT ROW and the eight month period required for resolution of the FDOT issues, extended beyond the scheduled four months duration for construction; and WHEREAS, the request for the extension of the General Requirements includes the cost of maintaining the project manager, superintendent, insurance, bonding, waste removal and fencing, associated with all identified additional scope of work to date, and the additional time required to complete the work within the FDOT ROW; and WHEREAS, the total of the proposals from V Engineering & Consulting Corp., $171,736.84, for additional construction services related to the drainage conflicts, and for the extended general requirements, exceeds the remaining project contingency; and WHEREAS, the time required to complete the additional work related to the drainage conflicts, and to perform the work delayed by the FDOT issues, will run beyond the contract time and accordingly, VEC has submitted a request for a Two Hundred Seventy Six (276) day extension (Exhibit C); and WHEREAS, City staff and project consultant, Schwebke Shiskin, reviewed the proposals for scope, price, and time requested, and found the scope of work and time consistent with the additional scope of work, and project delays, to be fair and reasonable and the Administration recommends acceptance of the proposal; and WHEREAS, upon approval of this Change Order No.1, in the amount of $188,910.52 (171,736.84 plus 10% contingency), the contractor shall be granted a time extension of Two Hundred Seventy Six(276) calendar days for the additional scope of work, and the contract shall be increased to a new total of$2,041,338.02; and WHEREAS, the Administration recommends that the City Commission approve the Resolution, subject to the approval of the Second Amendment to the FY20/21 Capital Budget Amendment. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA approving and authorizing the Mayor and City Clerk to execute Change Order No. 1 to the construction contract, between the City of Miami Beach, Florida and V Engineering&Consulting Corp., for construction services for the Rue Vendome Plaza project, in the amount of$171,736.84 plus ten percent contingency in the amount of $17,173.68, for a grand total of $188,910.52, and granting the contractor a time extension of two hundred seventy six (276) calendar days subject to and contingent upon approval of the second amendment to the FY20/21 capital budget. PASSED and ADOPTED this /3 day of_ 7-11"2"/ , 2021. "ii2-2 -11----___ Dan Gelber, Mayor ATTEST1-)11 • l 2 ii � Rafael r \ 5 APPROVED AS TO °"°'N I FORM& LANGUAGE IHCORP ORATED: �, FOR EXECUn®N CitY Afforney' toi Date Resolutions -C7 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, Interim City Manager DATE: January 13, 2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 1 TO THE CONSTRUCTION CONTRACT, BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND V ENGINEERING & CONSULTING CORP., FOR CONSTRUCTION SERVICES FOR THE RUE VENDOME PLAZA PROJECT, IN THE AMOUNT OF 171,736.84, PLUS TEN PERCENT CONTINGENCY IN THE AMOUNT OF $17,173.68; FOR A GRAND TOTAL OF $188,910.52; AND GRANTING THE CONTRACTOR A TIME EXTENSION OF TWO HUNDRED SEVENTY SIX (276) CALENDAR DAYS SUBJECT TO AND CONTINGENT UPON APPROVAL OF THE SECOND AMENDMENT TO THE FY20/21 CAPITAL BUDGET. BACKGROUND/HISTORY In 2017, the City commissioned a professional engineering consultant for the design of a pedestrian plaza at Rue Vendome, which includes the removal of the existing asphalt paving, concrete curb and gutters, adjacent sidewalks and walkways, up to and surrounding the fountain, and raising the area using new white concrete pavement, and permeable pavers. Oolite stone benches, steps, and ramps have been designed to harmonize the elevated plaza with adjacent commercial properties to the west. The existing landscaping will be supplemented with new shade trees, shrubs and ground cover throughout the space. New lighting at the plaza shall be provided, to facilitate decorative lights and future artistic displays. Benches, trash and recycle receptacles are also included. On September 11, 2019, the Mayor and City Commission approved the City Manager's recommendation pertaining to the bids received pursuant to ITB 2019-296-DF. V Engineering & Consulting Corp. (VEC) was selected as the general contractor for Rue Vendome with a contract amount of$1,684,025.00, plus ten percent contingency in the amount of$168,402.50, for a grand total of$1,852,427.50. On March 5, 2020, upon receipt of permits from the City, FDOT, Miami-Dade County DERM, construction for the new public plaza began. On April 13, 2020, after the commencement of construction, FDOT notified the City that the Page 133 of 1954 subject public Right of Way(ROW), Rue Vendome between 71st Street and Normandy Drive, belonged to F DOT, and voided all previously approved permits for construction within the ROW on 71ST Street and Normandy Drive.A transfer of the ROW, on that portion of Rue Vendome, from FDOT to the City of Miami Beach, was required as a condition for the re-issuance of permits. On May 13, 2020, the Mayor and City Commission adopted Resolution No. 2020- 31254 approving and authorizing the City Manager to accept the transfer of the ROW from FDOT to the City. In executing the transfer, FDOT requested that the City grant FDOT three separate perpetual easement areas, located along the North side of the intersection of 71st Street and Rue Vendome,where several traffic signal infrastructure boxes are located above and below ground. FDOT is responsible for the maintenance of these traffic signals and therefore requires perpetual access for maintenance purposes. On September 16, 2020, the Mayor and Commission adopted Resolution No. 2020-31385 approving and authorizing the Mayor and City Clerk to execute the requested perpetual easement in favor of F DOT. Subsequently, FDOT presented a Maintenance Memorandum of Agreement (MMOA) to the City, whereby the City would accept full maintenance responsibility for the area. On October 14, 2020, the Mayor and City Commission adopted Resolution No. 2020-31448 approving and authorizing the Mayor and City Clerk to execute the MMOA. The documents for the transfer of the right of way; for the granting of the easement; and for the maintenance memorandum of agreement have all been executed and recorded. On December 4, 2020, eight (8) months after voiding the permits, FDOT reissued the Construction Agreement (permit), once again approving the proposed scope of work, and allowing the contractor to resume construction activities in the FDOT ROW. Additional work has also been identified during construction, as necessary for the successful completion of the project. These include replacing the malfunctioning existing fountain pump and filtration equipment, the fountain electrical control panel, providing the additional components required for a complete security system, harmonization with adjacent properties, and rerouting the drainage lines from the existing pump station. The additional scope will expend the majority of the $168,402.50 contingency previously approved for the project. ANALYSIS On April 21, 2020, V-Engineering & Consulting Corp. (VEC) advised the City, that it had uncovered two unforeseen FPL duct banks that were in conflict with the proposed work. Further excavations exposed large water piping within the proposed work area which conflicted with the proposed location of the new PVC drainage pipes. The resolution of the conflicts warranted the revision of the permit documents to reroute the related drainage pipes, and provide two additional drainage structures. VEC has submitted a proposal for the $44,522.84 cost (Exhibit A)of the changes in the drainage design. On December 4, 2020, VEC submitted a request for an extension of the General Requirements of the contract, related to all additional and revised scope to date, and changes in the sequencing and scheduling of work within the FDOT ROW, in the amount of $127,214 (Exhibit B). The transfer of the ROW from FDOT to the City, and the voiding of all applicable Page 134 of 1954 permits, prevented the contractor from performing work or connecting to utilities within the FDOT ROW. The eight month period required for resolution of the FDOT issues, extended beyond the scheduled four months duration for construction. The request for the extension of the General Requirements includes the cost of maintaining the project manager, superintendent, insurance, bonding, waste removal and fencing, associated with all identified additional scope of work to date, and the additional time required to complete the work within the FDOT ROW. The total of the proposals from V Engineering & Consulting Corp., $171,736.84, for additional construction services related to the drainage conflicts, and for the extended general requirements, exceeds the remaining project contingency. The time required to complete the additional work related to the drainage conflicts, and to perform the work delayed by the FDOT issues, will run beyond the contract time. Accordingly, VEC has submitted a request for a Two Hundred Seventy Six(276)day extension(Exhibit C). City staff and project consultant,Schwebke Shiskin, reviewed the proposals for scope, price, and time requested, and found the scope of work and time consistent with the additional scope of work, and project delays, to be fair and reasonable. We recommend acceptance of the proposal. Upon approval of this Change Order No.1, in the amount of$188,910.52 (171,736.84 plus 10% contingency), the contractor shall be granted a time extension of Two Hundred Seventy Six (276) calendar days for the additional scope of work, and the contract shall be increased to a new total of$2,041,338.02. SUPPORTING SURVEY DATA According to the 2019 Community Satisfaction Survey, 1/3 of the residents considered improvements to outdoor facilities important. Amounts)/Account(s): SUBJECT TO AND CONTINGENT UPON APPROVAL OF THE SECOND AMENDMENT TO THE FY20/21 CAPITAL BUDGET. CONCLUSION The Administration recommends that the City Commission approve the Resolution, subject to the approval of the Second Amendment to the FY20/21 Capital Budget Amendment. Applicable Area North Beach Is this a "Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Page 135 of 1954 Neighborhoods - Enhance the beautification, physical appearance and cleanliness of neighborhoods. Legislative Tracking Capital Improvement Projects ATTACHMENTS: Description ❑ Exhibit A D Exhibit B ❑ Exhibit C Page 136 of 1954 EXHIBIT "A" From: Gary DuaaIns To: Satchell,Colette Cc: Piotrowski,Elizabeth:DRANTLEY TATE Subject: Change order(Contingency draw request) Date: Wednesday,September 23,2020 11:08:26 AM Attachments: Copy of INVOICE#1 RUE VENDOMEo.xls Copy of INVOICE#2 RUE VENDOMEo.xls Daily reports 4-20.pdf Daily reports 7-1.pdf DIP invoice.pdf DIP.new structure.pdf DIP.new structurel.pdf DIP.new structure2.cdf Green book auotes-Rue.pdf Structure invoice.pdf VEC CHANGE Rue Ven.draft.xls Colette, Please see attached request for contingency draw. Stay safe. Thank you Gary buggins V-Engineering and Consulting Corp. 4847 SW. 75th ST. Miami, Florida 33155 Office phone: (786)420-5950 Cell phone: (917) 583-9321 Page 137 of 1954 EXHIBIT "A" CNGINCCPINC V ENGINEERING & CONSULTING CORP. August 3, 2020 Colette Satchell, Senior Capital Projects Coordinator Office of Capital Improvement Projects City of Miami Beach Project: Rue Vendome Plaza Subject: REQUEST FOR TIME EXTENSION Dear Ms. Satchell: The NTP for this project was March 5, 2020 with a substantial completion milestone set at July 3, 2020, 120 calendar days from the NTP. In the process of reaching this milestone,VEC has encountered significant delays due to unforeseen events beyond their control. One such event is the Covid-19 National Emergency, and the subsequent quarantines and business slow down. We sent notice of the potential for these delays to your office on March 30, 2020. VEC suffered a decrease in productivity, due to the following Covid-19 related delays: o Decreased labor. o Decreased production from sub-contractors and manufactures also suffering from the same set of circumstances. o Late deliveries and items on backorder. One of the more serious delays is on the lighting control cabinet; which is a critical item. The manufacturer is having issue sourcing needed components for the cabinet (Attachment 0). These components are still on backorder. VEC has also been operating with a 40%cut in personnel since 6/4/20. It is difficult to quantify personnel shortages and delays for items that still remain on backorder, however VEC is respectfully requesting 21 calendar days to try and recoup some of this time lost. VEC also experienced delays due to unforeseen conflicts in the drainage installation. Some of these delays are as follows: o Additional drainage structures required to bypass conflicts. o Duct banks and tree removals added complications. o 24" water main not restrained made it dangerous to go underneath. o DIP pipe because of DOH clearance issues did cause delay. Perhaps the most critical of these delays would be the acquisition and installation of the additional drainage structures and subsequent pipe. VEC received the final draft of the proposed drainage re-route on 5/29/20 (Attachment A). The item with the longest lead 4847 SW 75'"AVE.,Miami,FL.33155•Phone:786.420.5950•VEC.CORP@YAHOO.COM Page 138 of 1954 EXHIBIT "A" time was the DIP pipe. Shop drawings for the pipe were submitted on 6/12/20;they were approved on 6/24/20 and sent to manufacturer the same day (Attachment B). Due to the fact that the DIP was not in stock, and due to the size and quantity of the pipe requested, we were given a 30-day lead for delivery (Attachment C). The pipe was delivered on 7/24/20, a total of 52 days from when we first received the final drainage re-route draft. In addition to the 52 days,VEC is requesting 14 days for the other bulleted items, which are more difficult to quantify. Another delay factor is the weather. VEC will only stop work during heavy downpours or if the superintendent deems continuing to be unsafe. Although we lost at least a week due to weather, I can only provide documentation for 2 days, at this time (Attachment E). In the best interest of the project and to reflect all unforeseen delays experienced to date, VEC is respectfully requesting an 89-day time extension. This would make the new substantial completion date September 30, 2020. VEC reserves the right to seek compensation for delays deemed compensatory. Best regards Gary D gins, .M. V-Engineering and Consulting Corp. 4847 SW 75th AVE. Miami, FL. 33155 Gary@veccorp.net Page 139 of 1954 EXHIBIT "A" V ENGINEERING & CONSULTING CORP CHANGE ORDER REQUEST ENGINEERING., -t =nn PROJECT: Rue Vendome Plaza LOCATION 946 Normandy Dr.,Miami Beach, FL.33141 DESCRIPTION Cost Breakdown for additional work and materials EXTRA WORK Furnish and install 2 additional drainage structures Additional survey services for drainage structure re-layout DESCRIPTION RATE HOURS AMOUNT SUPERINTENDENT(LEONEL GUADAMUZ) $ 32.45 138 $ 4,478.10 OPERATOR(KIRBY BROWN) $ 32.45 136.5 $ 4,429.43 LABOR(TYREKE SALESMAN) $ 19.62 90.5 $ 1,775.61 LABOR(CLIFFORD T.) $ 19.62 20 $ 392.40 LABOR(ALEX ALVARADO) $ 19.62 15.5 $ 304.11 LABOR(MANUEL M.) $ 19.62 15.5 $ 304.11 LABOR(DEJOUR TRACEY) $ 19.62 92.5 $ 1,814.85 LABOR(PHAROH LOVING) $ 19.62 4 $ 78.48 TOTAL DIRECT LABOR $ 13,577.09 10%MARKUP $ 1,357.71 47.92%LABOR BURDEN $ 6,506.14 TOTAL LABOR $ 21,440.93 SERVICES DESCRIPTION RATE QTY I UNIT AMOUNT Losada Survey Services Inc. $ 1,750.00 1 $ 1,750.00 $ $ SUBTOTAL MATERIAL $ 1,750.00 MARK UP 10% $ 175.00 TOTAL SERVICES $ 1,925.00 PAYMENTS TOTAL MATERIAL $ 1,925.00 Page 140 of 1954 EXHIBIT "A" MATERIALS DESCRIPTION RATE QTY/UNIT AMOUNT 18"Ductile Iron Pipe reference Core&Main invoice $ 7,226.55 1 $ 7,226.55 Drainage structure type C(S-2A) $ 987.00 1 $ 987.00 Drainage structure type C(S-7A) $ 1,114.00 1 $ 1,114.00 $ $ SUBTOTAL MATERIALS $ 9,327.55 MARK UP 10% $ 932.76 TOTAL MATERIALS $ 10,260.31 PAYMENTS TOTAL MATERIAL $ 10,260.31 • EQUIPMENT DESCRIPTION RATE QTY/WEEKS AMOUNT EXCAVATOR $ 1,450.00 3 $ 4,350.00 LOADER $ 1,852.00 3 $ 5,556.00 $ $ $ $ SUBTOTAL EQUIPMENT $ 9,906.00 MARK UP 10% $ 990.60 TOTAL EQUIPMENT $ 10,896.60 • PAYMENTS TOTAL MATERIAL $ 10,896.60 (TOTAL PAYMENT I $ 44,522.84 I • ENGINEERING Page 141 of 1954 EXHIBIT "B" EN�,� :u;,•� V ENGINEERING & CONSULTING CORP. December 10, 2020 Colette Satchell, Senior Capital Projects Coordinator Office of Capital Improvement Projects City of Miami Beach Project: Rue Vendome Plaza Subject: REQUEST FOR CONTIGENCY DRAW#13 Dear Ms. Satchell: The project at Rue Vendome was supposed to be completed in 4 months, however the conflicts with existing underground utilities,the unforeseen events, additions made to the project scope for the replacement of the fountain pump system, and more importantly restriction on the timing of the work within the FDOT right of way, have extended the project run time an additional 8 months. During this time VEC has remained committed to completing the project,we have exerted every effort to advance the project wherever possible. Although the General Condition line items for Superintendent and Project Manager have already been exhausted, we have still maintained the same level of service. We have also maintained the fencing around the work area,which involved; repairing it, restructuring the work area, and hurricane preparedness. VEC is only requesting 4 months compensation for these line items,the full amount indicated in the schedule of values for the contract. In light of all of the additional scope and subsequent additional project run time, we consider this to be a fair request to cover the administrative cost through completion in April 2021. Thank you, ihr Gary Duggins V-Engineering 4847 SW 75th AVE.,Miami,FL.33155•Phone:786.420.5950•VEC.CORP@YAHOO.COM Page 142 of 1954 EXHIBIT "B" V ENGINEERING & CONSULTING CORP CHANGE ORDER REQUEST#3 ENGINEERING • PROJECT: Rue Vendome Plaza LOCATION: 946 Normandy Dr.,Miami Beach, FL.33141 DESCRIPTION EXTRA WORK: Compenssation for 4 mos.General Conditions SERVICES DESCRIPTION RATE I MONTH QTY I UNIT AMOUNT Superintendent(line item#3) $ 10,000.00 4 $ 40,000.00 Project Manager(line item#2) $ 10,000.00 4 $ 40,000.00 Temporary Fence(line item#7) $ 7,500.00 4 $ 30,000.00 Waste Removal(line item#10) $ 1,418.00 4 $ 5,672.00 Floater Insurance(Endorsement#2 Exp.12/31/2020) $ 2,771.00 1 $ 2,771.00 Floater Insurance(Endorsement#3) $ 2,771.00 1 $ 2,771.00 Land Survey(for additional Scope) $ 6,000.00 1 $ 6,000.00 SUBTOTAL SERVICES $127,214.00 TOTAL SERVICES $127,214.00 PAYMENTS TOTAL SERVICES $127,214.00 'TOTAL PAYMENT $127,214.00 I Page 143 of 1954 EXHIBIT "C" CNGINCCPING V ENGINEERING & CONSULTING CORP. August 13, 2020 Colette Satchell, Senior Capital Projects Coordinator Office of Capital Improvement Projects City of Miami Beach Project: Rue Vendome Plaza Subject: REQUEST FOR TIME EXTENSION Dear Ms.Satchell: The NTP for this project was March 5, 2020 with a substantial completion milestone set at July 3, 2020, 120 calendar days from the NTP. In the process of reaching this milestone,VEC has encountered significant delays in the critical path of the project, due to unforeseen events beyond their control. 1. One such event is the Covid-19 National Emergency, and the subsequent quarantines and business slow down. We sent notice of the potential for these delays to your office on March 30, 2020. VEC suffered a decrease in productivity,due to the following Covid-19 related delays: o Decreased labor. VEC has also been operating with a 40%cut in personnel since 6/4/20. o Decreased production from sub-contractors, o Delays in manufacture causing Late deliveries and items on backorder. The lighting control cabinet, which is a critical item, is delayed, as the manufacturer is having issue sourcing needed components for the cabinet (Attachment D) and is on backorder. VEC is respectfully requesting 21 calendar days to try and recoup some of this time lost. 2. VEC also experienced delays due to unforeseen conflicts in the drainage installation. Some of these delays are as follows: o Unforeseen Existing 24" water main, duct banks and conflicts with existing oak trees added complications with the routing of the drainage. o Existing 24"water main not restrained made it dangerous to go underneath. o The redesign to resolve the conflicts included additional drainage structures required to bypass existing pipes o The redesign required the use of DIP pipe because of DOH clearance issues, which was not previously being used in the project, and had a long lead time for delivery causing delay. 4847 SW 75th AVE.,Miami,FL.33155■Phone:786.420.5950■VEC.CORP@YAHOO.COM Page 144 of 1954 EXHIBIT "C" Perhaps the most critical of these delays would be the acquisition and Installation of the additional drainage structures and subsequent Ductile Iron pipe. VEC submitted RFI#6 (Attachment F) on 4/21/20 concerning conflicts with city utilities and proposed drainage structure locations. To resolve these issues, VEC received the final draft for the proposed drainage re-route 38 days later, on 5/29/20(Attachment A, G, G1). VEC then proceeded to procure the necessary materials. The item with the longest lead time was the DIP pipe. Shop drawings for the pipe were submitted on 6/12/20;they were approved on 6/24/20 and sent to manufacturer the same day(Attachment B). The size and quantity of DIP pipes was not in stock; therefore,we were given a 30-day lead for delivery (Attachment C). The pipe was delivered on 7/24/20, a total of 56 days from when we first received the final drainage re-route draft. Due to the drainage re-route, drainage installation was delayed for 94 days, from 4/21/20 until 7/24/20. Drainage installation is vital to the critical path of the project. Project tasks like the Silva cell installation and the prerequisite structure post installation, could not begin until the drainage installation was substantially complete; and therefore, critically delayed the project. (Attachment H) In the best interest of the project and to reflect all unforeseen delays experienced to date,VEC is respectfully requesting a 90-day time extension. This would make the new substantial completion date September 30, 2020, considering the other delays referenced as running concurrent with the drainage conflict delays. VEC reserves the right to seek compensation for delays deemed compensatory. Best regards, Gary Duggins, P.M. V-Engineering and Consulting Corp. 4847 SW 75th AVE. Miami, FL. 33155 Gary@veccorp.net Page 145 of 1954 EXHIBIT "C" [I`.5I4[[AIhC V ENGINEERING & CONSULTING CORP. December 17,2020 Colette Satchell,Senior Capital Projects Coordinator Office of Capital Improvement Projects City of Miami Beach Project: Rue Vendome Plaza Subject:REQUEST FOR TIME EXTENSION#2 Dear Ms.Satchell: Request for Change Order#2 extended the contract time until September 30,to address delays associated with the drainage conflicts.Since then we have worked to complete the project scope of work,but have faced delays due to the restriction from working in the FDOT right of way, until the transfer of the ROW on Rue Vendome is finalized,and due to the harmonization required for the entry to the adjacent Chase bank. We have also been asked to incorporate the additional scope of work for the replacement of the fountain pump system.This request upon approval,will require a lead time of up to 6 to 8 weeks for the manufacture and delivery of the Fountain control panel, and the vault and other equipment for the fountain. The project at Rue Vendome was supposed to be completed in 4 months, however the unforeseen events,additions made to the project scope for the replacement of the fountain equipment,and more importantly restriction on the timing of the work within the FDOT right of way, have extended the project run time an additional 8 months. During this time VEC has remained committed to completing the project,we have exerted every effort to advance the project wherever possible. VEC is requesting an extension of contract time of 186 calendar days in light of all of the additional scope,subsequent additional project run time to execute the work in the FDOT ROW, and to procure and install the equipment for the fountain. Thank you, Gary Duggins Gary@veccorp.net 4847 SW 79 AVE.,Miami,FL.33155•Phone:786.420.5950■VEC.CORP@YAHOO.COM Page 146 of 1954