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2007-26603 ResoRESOLUTION NO. 2007-26603 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING CHANGE ORDER N0.8, FOR MISCELLANEOUS ITEMS, IN THE AMOUNT OF $184,266, AND CHANGE ORDER NO. 9, FOR ADDITIONAL GENERAL CONDITIONS, TIME EXTENSION COSTS, CHANGED SITE CONDITIONS, INCREASED COST OF MATERIALS AND ADDITIONAL BY-PASS PUMPING, IN THE AMOUNT OF $2,900,000, TO WIDELL, INC., FOR THE WATER AND WASTEWATER PUMP STATION UPGRADES PROJECT; WITH FUNDING, IN THE AMOUNT OF $3,084,266, TO BE REALLOCATED FROM FUND 424 WATER AND SEWER BONDS, PREVIOUSLY APPROPRIATED FOR CENTRAL BAYSHORE NEIGHBORHOOD BID PACK A, WHICH WILL BE REPLACED BY FUTURE BONDS. WHEREAS, in 1992, the City initiated a Citywide Infrastructure Improvement Program to address rehabilitation and upgrades to the Water, Sewer and Storm Water Systems; and WHEREAS, on August 8, 1998, the City issued Invitation to Bid (ITB) No. 99-97/98 forthe Water and Wastewater Pump Station Upgrades Project (the Project) and, on February 3, 1999, pursuant to Resolution No. 99-23061, the City Commission awarded the construction contract for the~Project to Felix Equities, Inc. (Felix), in the amount of $17,692,568; and WHEREAS, on June 7, 2002, as a result of the default of Felix, the City terminated the contract; and WHEREAS, the City then procured a new contractor to resume the work that Felix had started and, on January 14th, 2004, pursuant to Resolution No.2004-25465, the City Commission awarded a new contract to Widell, Inc. (Widell), in the amount of $17,352,615; and WHEREAS, the Project schedule has been impacted by several hurricanes in the past two years, which resulted in equipment and resource shortages from several providers; and WHEREAS, Florida Powerand Light (FPL) has similarly been impacted bythe hurricanes, and attendant demands on its resources in the South Florida area have resulted in additional Project delays and additional work by Widell; and WHEREAS, Widell also had to deal with the consequences of accepting owner-furnished materials previously purchased by Felix; returning defective equipment to manufacturers for refurbishment and re-certifications; and having to replace parts and equipment that were damaged or deteriorated while in storage; and WHEREAS, Change Order No. 8, for miscellaneous items, includes among other items, adding smoke detectors in the electrical rooms of Pump Station (PS) Nos. 1, 10, 11, 21, 23 and 29, as requested by the Public Works Department; installing air handling unit motor starters at PS No. 29 (owner furnished equipment was damaged while in storage); new piping and wiring for PS No. 30 for different site conditions; and adding the replacement of electrical panel at Monitoring Station P-1 to the Project; and WHEREAS, Widell also presented a claim, pursuant to Change Order No. 9, forextended time increased cost of materials and related costs, in the amount of $4,217,730; and WHEREAS, the amount of the claim was negotiated down to $ 2,900,000; and WHEREAS, Widell is absorbing $1,317,730 of the actual cost of the Project and claim presented to the City; and WHEREAS, Change Orders Nos. 1 - 4 were approved using previously allocated contingency funds, but the contingency funding has now been exhausted; and WHEREAS, Change Order No. 5 was approved per Resolution No. 2077-26445; Change Order No. 6, per Resolution No. 2007-26446; and Change Order No. 7 was approved on April 11th, 2007 as per Resolution 2007-26502; and WHEREAS, the Administration would recommend that the Mayor and City Commission approve Change Order No. 8, in the amount of $184,266, and Change Order No. 9 in the amount of $2,900,000; and WHEREAS, funding to cover for Change Orders No. 8 and No. 9 is to be reallocated from Fund 424 Water and Sewer Bonds, previously appropriated for Central Bayshore Neighborhood Bid Pack A, which will be replaced by future bonds. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA the Mayor and City Commission of the City of Miami Beach, Florida, approve and authorize Change Order No. 8, for miscellaneous items, in the amount of $184,266, and Change Order No. 9, for additional general conditions, time extension costs, changed site conditions, increased cost of materials, and additional by-pass pumping, in the amount of $2,900,000, to Widell, Inc., for the Water and Wastewater Pump Station Upgrades Project; with funding, in the amount of $3,084,266, to be reallocated from Fund 424 Water and Sewer Bonds, previously appropriated for Central Bayshore Neighborhood Bid Pack A, which will be replaced by future bonds. PASSED and ADOPTED this lit ATTEST: I~a~,t P~,~~ CITY CLERK Robert Parcher T:\,4GENDA120071ju11107\Regular\pump stations CLAIM Reso.doc APPROVED AS TO FORM $~gNGUAGI i o 01 David Dermer COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing Change Orders No. 8, for miscellaneous items, in the amount of $184,266, and No. 9, for additional general conditions, time extension costs, changed site conditions, increased cost of materials, and additional by-pass pumping in the amount of $2,900,000, to Widell, Inc., for the Water and Wastewater Pump Station Upgrades Project; with funding, in the amount of $3,084,266, to be reallocated from Fund 424 Water and Sewer Bonds, previously appropriated for Central Bayshore Neighborhood Bid Pack A, which will be re laced b future bonds. Key Intended Outcome Supported: Ensure Well-Designed Quality Capital Projects Supporting Data (Surveys, Environmental Scan, etc.): Improving Infrastructure. Issue: Should the Ci Commission ado t the Resolution? Item Summary/Kecommenaat~on: Pursuant to Resolution 2004-25465, the City Commission awarded the re-procurement contract to Widell Inc. (Widell), in the amount of $17,352,615. Throughout the course of the project, the contractor has been directed to perform additional work in the approved amount of $2,538,133; broken into 7 different change orders. Change Order No. 7 was approved on April 11th, 2007 as per Resolution 2007-26502. Change Order No. 8, for miscellaneous items in the amount of $184,266, includes among other items, adding smoke detectors in the electrical rooms of Pump Stations 1, 10, 11, 21, 23 and 29, as requested by the Public Works Department; installing air handling unit motor starters at PS 29 (owner furnished equipment was damaged while in storage); and new piping and wiring for PS 30 for different site conditions. Widell Inc. submitted a claim through Change Order No. 9, requesting additional compensation for extended general conditions due to compensable delays on the project, different site conditions, maintaining the by-pass setting in the pump stations for longer periods and increases in the cost of materials. The contractor was required to obtain over 110 Building permits; has experienced eight hurricanes in 2004 and 2005; dealt with the consequences of accepting defective owner-furnished materials, equipment refurbishment and re-certification; has responded to various emergency requests from the City to work on pump stations outside of their pre-established schedule. The period for by-passing the stations stipulated in the original proposal presented by W idell was exceeded by more than 453% in the actual time and moneys spent. The extraordinary increase in the cost of materials throughout the duration of the project exceeded the original cost proposal for the electrical portion of the project by 53%. The City, CDM and Widell negotiated the amounts of the claim based in the knowledge that some of the delays in the project could be attributed to the contractor. The final amount reached after the negotiation is $2,900,000, which represents almost seventy percent (70%) of the original claim presented by Widell. This amount reflects a compromise by the contractor in absorbing $1,317,730 of the actual cost of the project. Adviso Board Recommendation: Financial Information: Source of Amount Account F s 1 $ 3,084,266 2000 Series Water and Sewer Bonds, previously a ro riated for Central Ba shore Bid Pack A. O I Total $ 3,084,266 Financial Impact Summary: Ci Clerk's Office Le islative Trackin Hiram G. Siaba, CIP Office ~ Department Director ~ 1~ssistant City Manager ~ City Manager ~ JECh I TH ~~ I ~ ^~~' T:\AGENDA\2007\ju11107\Regular\Pump Stations summ CLAIM.doc ~ /~ I ~ f\ /~ ~ Q ~~~ u AGENDA ITEM R~ ~ ~ V , (V ~ (~ (~ DATE ~- ~ ~ " 0 7 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vaww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: City Manager Jorge M. Gonzalez ~~ DATE: July 11, 2007 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING CHANGE ORDERS NO. 8, FOR MISCELLANEOUS ITEMS, IN THE AMOUNT OF $184,266, AND NO. 9, FOR ADDITIONAL GENERAL CONDITIONS, TIME EXTENSION COSTS, CHANGED SITE CONDITIONS, INCREASED COST OF MATERIALS AND ADDITIONAL BY-PASS PUMPING IN THE AMOUNT OF $2,900,000, TO WIDELL, INC., FOR THE WATERAND WASTEWATER PUMP STATION UPGRADES PROJECT; WITH FUNDING, IN THE AMOUNT OF $3,084,266, TO BE REALLOCATED FROM FUND 424 WATER AND SEWER BONDS, PREVIOUSLY APPROPRIATED FOR CENTRAL BAYSHORE NEIGHBORHOOD BID PACK A, WHICH WILL BE REPLACED BY FUTURE BONDS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. PROJECT FUNDING Funding in the amount of $3,084,266, to cover costs associated with Change Orders No. 8 and No. 9, to Widell Inc. (Widell), is to be reallocated from Fund 424 Water and Sewer Bonds, previously appropriated for Central Bayshore Neighborhood Bid Pack A, which will be replaced by future bonds. ANALYSIS In 1992, the City initiated a citywide infrastructure improvement program to address rehabilitation and upgrades to the water, sewer and storm water systems. On August 8, 1998, the City issued an Invitation to Bid (ITB) for the Water and Wastewater Pump Station Upgrades Project (Bid No. 99-97/98), and on February 3, 1999, under Resolution 99-23061, the City Commission awarded the construction contractforthe projectto Felix Equities, Inc. in the amount of $17,692,568. On June 7, 2002, as a result of the default of Felix Equities, the City terminated the contract, and entered into litigation against the contractor and its surety bonding company (United States Fidelity & Guaranty Company). During the course of the litigation, all sides agreed to settle the cases and in Resolution 2004-25765A, the City of Miami Beach approved the settlement amount. The City made payments during the length of the work performed by Felix Equities in the amount of $5,611,426, and as per resolution 2004-25765, the Mayor and City Commission Commission Memorandum July 11, 2007 WWPSU Change Order Eight and Nine (Claim) Page 2 of 5 accepted payment in the amount of $4.9 million, from St. Paul Fire and Marine Insurance Company, in full and final settlement payment regarding the project and the termination of the agreement. These funds were allocated, in the amount of $2,124,891, to replace funding previously appropriated for the project, $596,692 as additional contingency to the project, and $2,178.417 to the General Trust Fund. The City then procured a new contractor to resume the work that Felix Equities had started. Pursuant to Resolution 2004-25465, the City Commission awarded the re-procurement contract to Widell, in the amount of $17,352,615, and work commenced throughout the City. On March 16, 2005, Resolution 2005-25847 approved the appropriation of additional funds to include a new telemetry system and add miscellaneous scope to the project. The scope of work included furnishing and installing all necessary materials, equipment, supplies and associated work including labor, excavation, etc. to complete the major renovation of twelve (12) dry-pit wastewater pump stations (WWPS), two of which are dual stations that also feature booster pumps that pressurize the force main; renovation of four (4) water pump stations; construction of six (6) electrical/generator buildings; installation of a new system-wide process instrumentation and control system; and the replacement of eleven (11) submersible wastewater pump stations. The project encompasses work at thirty one (31) different sites and accounts for over one hundred and ten (110) building permits which require multiple inspections and final certifications. Throughout the course of the project, the contractor has been directed to perform additional work in the approved amount of $2,538,133. The reason for this needed work was broken into seven (7) different change orders; four change orders have been added administratively to the Widell contract using previously allocated contingency funds. However, the contingency funding was exhausted, and on January 17, 2007, presented in this memorandum, the City Commission authorized Change Order No. 5 as per Resolution No. 2077-26445 and No. 6, as per Resolution No. 2007-26446 to Widell. Change Order No. 7 was approved on April 11`h, 2007 as per Resolution 2007-26502. Change Order No. 8 for miscellaneous items, presented in this memorandum, includes among other items, adding smoke detectors in the electrical rooms of Pump Stations 1, 10, 11, 21, 23 and 29, as requested by the Public Works Department; installing air handling unit motor starters at PS 29 (owner furnished equipment was damaged while in storage); and new piping and wiring for PS 30 for different site conditions; adding the replacement of electrical panel at Monitoring Station P-1 to the project. The contract did not include the cost of fuel to run the by-pass pumps in the stations; the City has been covering the costs as part of Change Orders No. 4, No. 5, No. 7, and change Order No. 8 will include the balance of the estimated fuel cost to complete the project. Widell Inc. submitted a Claim through Change Order No. 9, requesting additional compensation for extended general conditions due to compensable delays on the project, different site conditions, maintaining the by-pass setting in the pump stations for longer periods and increases in the cost of materials. Some of the project delays have been storm related; the project has experienced eight different hurricanes in 2004 and 2005: • Hurricane Charley, August, 2004 • Hurricane Frances, September 2004 • Hurricane Ivan, September 2004 • Hurricane Jeane, October 2004 Hurricane Dennis, July, 2005 Commission Memorandum July 11, 2007 WWPSU Change Order Eight and Nine (Claim) Page 3 of 5 • Hurricane Rita, July, 2005 • Hurricane Katrina, July, 2005 • Hurricane Wilma, October, 2205 As a result of simultaneously conducting construction at several sites, the contractor had to stop the progress of the construction and perform all preparations required at each one of the sites prior to the arrival of the Hurricanes. Widell actually spent ninety nine (99) days for sites preparations for the eight hurricanes. Other delays have been caused by Florida Power & Light's slow response to requests to energize stations as they were completed. When Widell initiated the project, more than one hundred and ten (110) Building permits alone had to be obtained from the City of Miami Beach Building Department. In addition, permitting requirements with outside agencies such as DERM had to be changed from the permits obtained by the defaulted former pump contractor and a revision to the permits had to be performed by Widell. More than thirteen (13) permits had to be obtained and new shop drawings had to be generated. These additional tasks to Widell increased the cost of the permits and the time necessary to obtain them. Some of these costs and the related time were not anticipated at the time of the re-procurement. Widell also dealtwith the consequences of accepting owner-furnished materials previously purchased by Felix Equities, the defaulted contractor. The need to return defective equipment to the manufacturers for refurbishment and re-certification, as well as having to replace parts and equipment that were damaged or deteriorated, while in storage, added time and cost to the Widell contract. These corrections to stored materials is not out of the ordinary when items such as the pumps, valves and controls are stored for an inordinate amount of time as happened in this project due to the extensive litigation period. Most of the additional material costs were paid to Widell through previous Change Orders. However, the additional time which resulted from the refurbishment and replacement was not accounted for and is included as part of this claim. The work included in the contract as part of PS 28 included the connection of the screen chamber (area where the solids in the system are collected to protect the pumps) built by the former contractor, to the existing wet well (location where the flow is collected by the pumps). When the area was exposed for connection, an error by the previous contractor was identified where the actual outlet of the screen chamber was opposite to the connecting point at the wet well, creating different conditions than expected thus adding time to the by- pass pumping and to the contract. Additionally, due to the extremely deteriorated condition of the stations, Widell has had to respond to various emergency requests from the City to work on stations outside. of their pre- established schedule. A number of aged pumps at several stations had ceased to operate prior to Widell's work commencing and it was necessary to by-pass those stations in order to maintain the flows in the area. Widell was directed to expedite the work in those stations to address the City's priorities and to avoid violations from authorities having jurisdiction. By expediting the stations, the time required for by-pass was extended. Work in several stations required the use of existing valves to control the flows. A number of the valves did not perform as expected and additional time was required to correct the Commission Memorandum July 11, 2007 WWPSU Change Order Eight and Nine (Claim) Page 4 of 5 condition of the valves adding time and material to the contract. Some valves at PS28 for example, were re-circulating the flows in the station creating higher pressure in the system and restricting the ability of smaller stations to pump into the pressurized pipe, also adding to the extended by-pass pumping period. When this contract was originated, agreements with Florida Power and Light (FPL) were being discussed, and at that time the response period for a request for service from FPL was less than one week. Since then, FPL has been in high demand due to the unusually heavy construction in South Florida and emergency responses and system restoration work due to the recent eight hurricanes. Consequently, the response time from FPL to requests for energization has exceeded one month each for a number of service requests initiated by Widell. The period for by-passing the stations stipulated in the original proposal presented by Widell was exceeded by more than four hundred fifty three percent (453%) in the actual time and moneys spent. The unusual increase in the cost of materials throughout the extended duration of the project exceeded the original cost proposal for the electrical portion of the project by fifty three percent (53%). The incentive for the metal manufacturers to export the metals overseas, inflated the cost of the metals in a proportion never seen in the construction industry. The original amount of the Bid presented to the City by Widell in 2004, as per Resolution 2004-25465 was $20,970,000. During negotiations, the City, CDM and Widell agreed to remove the internal contingencies allocated by Widell to the project due to the nature of accepting a re-procurement project. The understanding was that, for unforeseen conditions and additional time, if the contingencies were proven to be needed, the City would identify additional funding. The contract cost was reduced to $17,352,615 accordingly, and Notice to Proceed was given on that basis. Since the start of the project, Widell has not stopped the construction progress and has maintained the City's sanitary sewer system in a functioning condition in spite of the delays, difficulties and inherited installations. The original claim presented by Widell was broken down into five packages: • RCO 001 for Electrical Cost increases in the amount of $1,396,388 • RCO 009-A for Changed Site Conditions at WWPS 28 in the amount of $431,004 • RCO 018-A for Extended General Conditions and Contract time in the amount of $913,754 and 480 days. • RCO 39, 39-A and B for By-pass Sewage Pumping in the amount of $849,464, $299,462 and $295,947respectively • RCO 58 for miscellaneous metal price increase in the amount of $31,711 The total amount of Change Order No. 9 for extended time and related costs was presented in the amount of $4,217,730. The City, CDM and Widell negotiated the amounts of the claim based on the knowledge that some of the delays in the project could be attributed to the contractor's own deficiencies. The final amount reached after the negotiation is $ 2,900,000, which represents almost seventy percent (70%) of the original claim presented by Widell. This amount reflects a Commission Memorandum July 11, 2007 WWPSU Change Order Eight and Nine (Claim) Page 5 of 5 compromise from the contractor absorbing $1,317,730 of the actual cost of the project. Some of the delays attributed to the contractor are as follows: during the course of the project, Widell had difficulties assigning sufficient electricians to the project as described in the contract, although delays by FPL did affect the electrical work; the approval of the shop drawings took longer than expected because the contractor was not able to produce favorable submittals in a timely manner causing several re-submitttals; Widell's subcontractor for the generators was unable to service in a proper manner the demands of the project such as the start up of the equipment; Widell's subcontractor used at WWPS 28 was deemed inefficient and was removed from the project after a delay of approximately forty (40) days at the station. This added time to the contract for which the City should not be responsible. The new total cost of the project, if the claim and Change Order No. 8 are approved, will amount to $ 22,975,014. This amount compares favorablywith the expected additional costs on a project of this nature, length and complexity. It also compares favorablywith the original bid amount of $20,970,000 which was reduced by eliminating internal contract contingency. The additional costs on the project, in the amount of $5,662,399, represent a t twenty four percent (24%) increase on the project. Taking in consideration the additional costs generated by owner requests or unforeseen conditions, the increase only represents a thirteen percent (13%) additional cost which is well within the range of a large infrastructure project of this kind considering the default and change of contractor. CONCLUSION The Administration recommends approving and authorizing Change Order No. 8 for miscellaneous items, in the amount of $184,266, and Change Order No. 9, for additional general conditions, time extension costs, changed site conditions, increased cost of materials and additional by-pass pumping in the amount of $2,900,000, to Widell, Inc., the contractor; with funding in the amount of $3,084,266, to be reallocated from Fund 424 Water and Sewer Bonds, previously appropriated for Central Bayshore Neighborhood Bid Pack A, which will be replaced by future bonds, for the Water and Wastewater Pump Station Upgrades Project. Attachments T:\AGENDA\2007\ju11107~Regular\Pump stations claim Memo.doc ~~"~~.. o.or~c~ F'E~;t'C ~~~~~~~ Document Gl01rM _ 2001 L Change Order PROJECT: (Name and address) CHANGE ORDER NUMBER: 'g OWNER ^ Water & Wastewater Pump Station Upgrades Reprocurement DATE; ARCHITECT ^ City of Miami Beach Bid No. 10-02/03 ARCHITECT'S PROJECT NUMBER: 9381-002R CONTRACTOR ^ TO CONTRACTOR: (Name and address) Cardinal Contractors, Inc. 5365 Sterling Road CONTRACT DATE: Fort Lauderdale, FL 33314 CONTRACT fOR: May 13, 2004 FIELD ^ Rehabilitation of 23 wastewater and fourOTHER ^ water pump stations The Contract is changed as follows: (Include, where applicable, atzy undisputed amount attributable to previously executed Construction Change Directives] Various changes and additions indicated on the attached Exhibit "A", Scope of Change. Enclosures: Exhibit `A', Scope of Change Exhibit `B', Cost and Time Summary Exhibit `C', Supporting Documentation The original (Contract Sum) ~i'?~~r~§dl:~#~~1~ce) was The net change by previously authorized Change Orders The (Contract Sum) (~~t~~i~r~3,~i~ce) prior to this Change Order was The (Contract Sum) ((t~i~t~l~~ice) will be (increased~~tk!~~~~)~t~l~i~ed) by this Change Order in the amount of The new (Contract Sum~~~~~~~'i~~t~i~'e) including this Change Order wil] be The Contract Time will ll~~~~e~~d) (unchanged) by 0 ( 0 )days The date of Substantial Completion as of the date of this Change Order therefore is(Unchanged) $17,352,615.00 $2,538,133.30 $19,890,748.30 $184,266.00 $20,075,014.30 (Noce: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by bosh the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.) NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER, Camp Dresser & McKee Inc. 8 rick~ue,)e~50 Miami, FL 33131 ADDRESS BY (Signature) James E. Crane (Typed name] DATE Cardinal Contractors, Inc. CONTRACTOR (Firn1 name) 5365 Stirling Road Ft Lauderdale, F133314 ADDRESS BY (Signature) Lou Beck (Typed Warne] DATE City of Miami Beach OWNER (Firm name) 1700 Convention Center Drive Miami Beach, FI, 33139 ADDRESS BY (Signature) Jorge Chartrand (T~ ped name) DATE ~:~.t.f I~+t~: 7~C:" SI"aOt, b_ 5~_ . Gti O: i~iiii?,l ~..~. ~.•...Cc.G ~. ~.... TM.a:" , .~.. S ......:~..fr 'CF - ^u:"S .. !~'..~~ . /,., r.' ._. c:~~.. 6_ . ~:i.'. C Ecl"[C~j.9E Vditi CiO J@ O°~,'SCilt'B:i. AIA Document G701 TM - 2001. Copyright ©1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. tiy.%. ~:viii•~: -'iiii !-U~~ Document is protected ht~ C;.S. Cosy°iuhc Law anc t:~iemationai -:eaties. ~4+cuJ~crizer. reprocuc~:ior cr d€sirib:f:io;, o' t;:ie r.:~e Ccc.!:-~s~:`, or any portion o¢ it; may result !r~ severe civil and criminal penahiies, anc w'.II bE prosecetec: tc the mG :irzum c::ieni possib)e under tt.~e law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents: a-mail The American Institute of Architects' legal counsel. copyrightt?a aia.org. EXHIBIT "A" Scope of Changes City of Miami Beach Water and Wastewater Pump Station Upgrades Reprocurement CDM Project No. 9381-002R Change Order No. 8 Item No. Description: Day Tanks -Adjustment in scope Purpose: Change in scope of day tanks for generators (added tanks, deleted tanks, added backflow pumps; all as recommended by manufacturer to enhance system performance (minor adjustments to multiple generator locations}. [Reference RFP No. 21] Change in Cost: $9,372.00 [Lump Sum] Change in Time: TBD 2. Description: Increase in the allowance for reimbursement of fuel for by-pass pumping. Purpose: The contract documents provide that the City will reimburse the Contractor for the cost-of-energy to keep the pump stations operating during the refurbishment of the wastewater pump stations. [Reference Contractor RCO No. 005] Change in Cost: $85,000.00 [Estimated] Change in Time: None 3. Description: Normandy Isle Water Pump Station -Floor Topping Purpose: Furnish labor and materials to provide a sloped concrete floor topping. in the pump room to eliminate ponding. [Reference RFP No. 29-2]. Change in Cost: $3,995.00 [Lump Sum] Change in Time: TBD 4. Description: WWPS 30 -Replace corroded conduits Purpose: Furnish labor and materials to replace existing deteriorated conduits in order to replace the control panel. [Reference RFP No. 35] Change in Cost: $11,694.00 [Lump Sum] Change in Time: TBD BM 1171 C08 Exh ABC.doc 7/5/2007 5. 6. 7. 8. 9 Description: Mounting adjustments for various sluice gates Purpose: During construction, at several of the pump stations, mounting difficulties were encountered (differing site conditions) that were not known when the sluice gates were added to the scopd of work. [Reference Contractor RCO No. 047] Change in Cost: $7,766.00 [Lump Sum] Change in Time: TBD Description: WWPS 28 & 29 -Repairs to Valve Actuators Purpose: Problems were encountered with the City-furnished materials apparently due to long term storage that required refurbishment by the manufacturer. [Reference Contractor RCO No. 042] Change in Cost: $1,632.00 [Lump Sum] Change in Time: TBD Description: Yard Piping at Normandy Isle Water Pump Station Purpose: During construction, the contractor encountered over-sized cast- iron pipe (not indicated on the drawings) that required additional work to adapt the City-fumished valves for installation. jReference Contractor RCO No. 045] Change in Cost: $6,871.00 [Lump Sum] Change in Time: TBD Description: Supplemental Smoke Detectors Purpose: Change Order No.1 included an allowance to adapt existing smoke detectors installed by Public Works and route the signals back to the main control room. However, this project moved all the electrical equipment, rendering all the existing smoke detection equipment ineffective. Therefore, the allowance in Change Order No.1 was undervalued because it did not include new equipment. The additional cost included herein is the net amount in addition to the amount already provided in Change Order No. 1. [Reference RFP No. 36 and Change Order No. 1, item 9.] Change in Cost: $61,401.00 [Lump Sum] Change in Time: TBD Description: Replacement of Check Valve Limit Switches at WWPSs 28 and 29, 75th WPS, and NI WPS. Purpose: Problems were encountered with the City-furnished materials apparently due to long term storage. The switches needed to be replaced. [Reference Contractor RCO No. 040] Change in Cost: $2,275.00 [Lump Sum] Change in Time: TBD BM 1171 C08 Exh ABC.doc 7/5/2007 10 11. 12. 13. 14. 15 Description: Remote Monitoring Station P1-electrical service upgrade. Purpose: The contract scope of work included upgrading the telemetry (only). During construction it was realized that the electrical service would have to be upgraded. [Reference RFP No. 33A] Change in Cost: $29,682.00 [Lump Sum] Change in Time: TBD Description: Backflow Preventers (WWPS 11,19, 23 & 24) Purpose: The contract documents indicated that the backflow preventers would be replaced by the City. During construction, The City requested the Contractor to replace a limited number (4) of them. [Reference Contractor RCO No. 059] Change in Cost: $4,903.00 [Lump Sum] Change in Time: TBD Description: Reconstruct a ventilation stack above the WWPS 29-Seal Water Room Purpose: During construction, it was discovered that during demolition of the old FPL transformer vault (by the original contractor) "too much" removal occurred. A ventilation stack had to be reconstructed for ventilation of the old electrical room which was converted to the new seal water equipment room. [Reference Contractor RCO No. 062] Change in Cost: $1,033.00 [Lump Sum] Change in Time: TBD Description: HVAC Repairs and Modifications Purpose: During test and start-up, it was discovered that repairs and modifications to City-furnished materials (likely due to long term storage) were necessary. [Reference Contractor RCO No. 064] Change in Cost: $13,460.00 [Lump Sum] Change in Time: TBD Description: Replace Transmitter at WWPS 29 Purpose: Problems were encountered with the City-furnished materials apparently due to long term storage that required refurbishment by the manufacturer. [Reference Contractor RCO No. 065] Change in Cost: $9,574.00 [Lump Sum] Change in Time: TBD Description: Relocate Seal Water Control Panel C~ WWPS 24 Purpose After a flooding mishap in the drywell, City and Contractor agreed to relocate the seal water panel to a better above-grade location. [Reference Contractor RCO No. 066] Change in Cost: $9,610.00 [Lump Sum] Change in Time: TBD BM 1171 C08 Exh ABC.doc 7/5/2007 16. 17 18. 19. 20. 21. Description: Delay in isolating WWPS 28 Booster Pumps Purpose Refurbishment of the booster pumps at WWPS 28 was delayed by Public Works' inability to isolate the station (divert flow through the exterior by-pass lines) due to the condition of existing valves. [Reference Contractor RCO No. 026] Change in Cost: $16,744.00 [Lump Sum] Change in Time: TBD Description: Reduced Scope of Work: Hatches Purpose During construction, it was decided not to replace several of the embedded aluminum hatches (that Public Works agreed were in satisfactory condition) for credit. [Reference RFP 9] Change in Cost: $(42,922.00) [Lump Sum] Change in Time: TBD Description: Corrosion Resistant Liner for WWPSs 19, 23, & 24: adjustment of estimated cost to actual cost. Purpose Work Change Directive 7 was issued with and estimated cost, not to be exceeded, of $50,000.00. The actual costs were $42,156. [Reference Change Order No. 4, item No. 1] Change in Cost: ($7,844.00) [Lump Sum] Change in Time: None Description: Corrosion Resistant Liner for WWPSs 10,11,15, 21, 27, & 29: adjustment of estimated cost to actual cost. Purpose Work Change Directive 10 was issued with and estimated cost, not to be exceeded, of $150,000.00. The actual costs were $ $74,020.00. [Reference Change Order No. 4, item No. 5] Change in Cost: ($75,980.00) [Lump Sum] Change in Time: None Description: Additional work required by DERM to acquire Fuel Oil Tank Permits Purpose Reulatory changes required modifications to the fuel oil tanks and piping installations which delayed acquisition of the permits. [Reference Contractor RCO No. 41] Change in Cost: $28,000.00 [Lump Sum] Change in Time: TBD Description: WWPS 19 clean up and repair Purpose Partial compensation for clean up and repair in the seal water room following a flooding incident (negotiated). [Reference Contractor RCO No. 61] Change in Cost: $8,000.00 [Lump Sum] Change in Time: TBD BM 1171 C08 Exh ABC.doc 7/5/2007 EXHIBIT "B" Cost and Time Summary City of Miami Beach Water and Wastewater Pump Station Upgrades Reprocurement CDM Project No. 9381-002R Change Order No. 8 Item No. Cost Time (dam) 1. $9,372.00 TBD 2. $85,000.00 ~ None 3. $3,995.00 TBD 4. $11,694.00 TBD 5. $7,766.00 TBD 6. $1,632.00 TBD 7. $6,871.00 TBD 8. $61,401.00 TBD 9. $2,275.00 TBD 10. $29,682.00 TBD 11. $4,903.00 TBD 12. $1,033.00 TBD 13. $13,460.00 TBD 14. $9,574.00 TBD 15. $9,610.00 TBD 16. $16,744.00 TBD 17. ($42,922.00) TBD 18. ($7,844.00) None 19. ($75,980.00) None 20. $28,000.00 TBD 21. $8,000.00 TBD Total: $184,266.00 TBD BM 1171 COS Exh ABC.doc 7/5/2007 EXHIBIT "C" Supporting Documentation City of Miami Beach Water and Wastewater Pump Station Upgrades Reprocurement CDM Project No. 9381-002R Change Order No. 8 Item No. Day Tanks -Adjustment in Scope a. Cardinal Contractors, Inc. letter to CDM dated February 26, 2007 b. E-mail from CDM to the City dated March 1, 2007 2. Increased the allowance for reimbursement of fuel for by-pass pumping 3. Normandy Isle Water Pumps Station -Floor Topping a. Cardinal Contractors, Inc. letter to CDM dated May 23, 2007 4. WWPS 30 -Installation of the Conduits a. Cardinal Contractors, Inc. letter to CDM dated May 14, 2007 5. Mounting Difficulties for Various Sluice Gates a. Cardinal Contractors, Inc. letter to CDM dated May 23, 2007 6. WWPS 28 & 29 Actuators a. Cardinal Contractors, Inc. letter to CDM dated June 28, 2006 7. Yard Piping at Normandy Isle a. Cardinal Contractors, Inc. letter to CDM dated May 23, 2007 8. Supplemental Smoke Detectors a. Cardinal Contractors, Inc. letter to CDM dated March 26, 2007 9. WWPS 28, 29, 75 & 71 Check Valve Limit Switches a. Cardinal Contractors, Inc. letter to CDM dated March 26, 2007 10. Remote Monitoring Station Pl Electrical Service Modification a. CDM letter to Cardinal Contractors, Inc. dated May 15, 2007 11. Backflow Preventers (WWP 11,19, 23 & 24) a. Cardinal Contractors, Inc. letter to CDM dated May 23, 2007 12. Reconstruct Ventilation Stack at WWP 29 Seal Water Room BM 1171 C08 Exh ABC.doc 7/5/2007 a. Cardinal Contractors, Inc. letter to CDM dated May 23, 2007 13. HVAC Repairs and Modifications a. Cardinal Contractors, Inc. letter to CDM dated May 14, 2007 14. Replace Transmitter at WWPS 29 a. Cardinal Contractors, Inc. letter to CDM dated May 15, 2007 15. Relocate Seal Water CP at W WPS 24 a. Cardinal Contractors, Inc. letter to CDM dated May 23, 2007 16. Delay in Isolating at WWPS 28 a. Cardinal Contractors, Inc. letter to CDM dated May 24, 2007 17. Reduced Scope of Work: Hatches a. Cardinal Contractors, Inc. letter to CDM dated May 24, 2007 18. Corrosion Resistant Liner for WWPSs 19, 23, & 24: Adjustment of Estimated Cost to Actual Cost. a. Work Change Directive No. 7 b. Work Change Directives Summary Table for WCD # 7 19. Corrosion Resistant Liner for WWPSs 10,11,15, 21, 27, & 29: Adjustment of Estimated Cost to Actual Cost. a. Work Change Directive No. 10 b. Work Change Directives Summary Table for WCD # 10 20. Additional Work Required by DERM to acquire Fuel Oil Tank Pemits a. Cardinal Contractors, Inc. letter to CDM dated May 23, 20071 21. WWPS 19 Clean Up and Repair a. Cardinal Contractors, Inc. letter to CDM dated May 23, 20072 ~ Contractor originally requested $34,416.98 -which was negotiated down to $28,000.00 Contractor originally requested $17,556.74 -which was negotiated down to $8,000.00 BM 1171 C08 Exh ABC.doc 7/5/2007