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RESOLUTION APPROVING CHANGE ORDER NO. 2 BETWEEN MIAMI-DADE COUNTY AND JOHN BELL CONSTRUCTION, INC., A FLORIDA CORPORATION, FOR THE PROJECT TITLED COCONUT GROVE PLAYHOUSE PHASE 1 - PROJECT NO. C24-CUA-CGP-PH1, TO INCREASE THE CONTRACT AMOUNT BY $1,812,258.98 DUE TO UNFORESEEN CONDITIONS AND CHANGES REQUIRED TO COMPLETE THE PHASE I SCOPE, FOR A TOTAL CONTRACT AMOUNT OF $6,805,189.97, INCLUSIVE OF CONTINGENCY AND DEDICATED ALLOWANCE ACCOUNTS, TO BE FUNDED FROM CONVENTION DEVELOPMENT TAX BONDS (SPECIAL OBLIGATION BOND SERIES 2005); AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SAME, EXERCISE ALL PROVISIONS CONTAINED THEREIN, AND TO ENFORCE ALL TERMS AND CONDITIONS THEREOF

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. The foregoing recitals are incorporated in this resolution and are approved.

Section 2. This Board approves Change Order No. 2 between Miami-Dade County and John Bell Construction, Inc. for the project titled Coconut Grove Playhouse Phase 1, Project No. C24-CUA-CGP-PH1, to provide additional compensation in the amount of $1,812,258.98 for a total contract amount not to exceed $6,805,189.97, inclusive of the contingency and allowance accounts, to be funded from Convention Development Tax (CDT) Special Obligation Bond Series 2005. A copy of Change Order No. 2 is attached to the accompanying memorandum as Exhibit B and is incorporated herein by reference. This Board also authorizes the County Mayor or County Mayor�s designee to execute same and to exercise the rights contained therein.

HEADER
Date:

To: Honorable Chairman Anthony Rodr�guez
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Change Order No. 2 to Contract No. C24-CUA-CGP-PH1
with John Bell Construction, Inc. for the
Coconut Grove Playhouse - Phase 1 Project

STAFF RECOMMENDATION
Executive Summary
This item seeks approval from the Board of County Commissioners (the Board) to approve and authorize the County Mayor or County Mayor�s designee to execute Change Order No. 2 to Contract No. C24-CUA-CGP-PH1 (Contract) between Miami-Dade County (County) and John Bell Construction, Inc. (Contractor) to complete additional work required for the stabilization and restoration of components of the Coconut Grove Playhouse (Playhouse) project. Change Order No. 2 compensates the Contractor for additional work required to repair the historic Playhouse gateway building�s fa�ade walls following the discovery of extensive deterioration affecting the structural integrity of the building, revised structural bracing required to stabilize and suspend the structure during the repair process, and ancillary additional costs. Change Order No. 2 increases the Contract in the amount of $1,812,258.98, resulting in the Contract amount increasing from $4,992,930.99 to an amount not to exceed $6,805,189.97, thereby requiring Board approval. The original Contract and Change Order No.1 were approved pursuant to the Mayor�s delegated authority under section 2-8.1(b), 2-8.2.7(5) of the Code of Miami-Dade County and IO 3-39. Board approval is required for Change Order No. 2 because the Contract increase of $1,812,258.98 brings the total contract amount to $6,805,189.97, which exceeds the County Mayor�s delegated authority under section 2-8.1(b) of the Code.

Recommendation
It is recommended that the Board adopt the attached resolution seeking to approve and authorize the County Mayor or County Mayor�s designee to execute Change Order No. 2 to the contract between the County and the Contractor for MCC 7360 Contract No. C24-CUA-CGP-PH1. The original Contract and Change Order No.1 were approved pursuant to the Mayor�s delegated authority under section 2-8.1(b), 2-8.2.7(5) of the Code of Miami-Dade County and IO 3-39. Change Order No. 2 adds $1,812,258.98 to the Contract, thereby increasing the Contract amount from $4,992,930.99 to an amount not to exceed $6,805,189.97, requiring Board approval. These changes are due to work required to mitigate unforeseen conditions to repair the historic Playhouse gateway building�s fa�ade walls following the discovery of extensive deterioration affecting the structural integrity of the building, revised structural bracing required to stabilize and suspend the structure during the repair process, and ancillary additional costs.
As part of the Economic Stimulus Plan (ESP) list of projects approved by the Board via Resolution No. R-348-17 and in accordance with Section 2-8.2.7 of the Code of Miami-Dade County, Committee review of this item is not required.

Scope
The impact of this item is Countywide, as the Playhouse will serve the visitors and residents of the entire County. The facility is located at 3500 Main Highway, Miami, FL, 33133 in Commission District 7, which is represented by Commissioner Raquel A. Regalado.

Delegation of Authority
The original Contract and Change Order No.1 were approved pursuant to the Mayor�s delegated authority under section 2-8.1(b), 2-8.2.7(5) of the Code of Miami-Dade County and IO 3-39. Board approval is required for Change Order No. 2 because the Contract increase of $1,812,258.98 brings the total contract amount to $6,805,189.97, which exceeds the County Mayor�s delegated authority under section 2-8.1(b) of the Code. Upon approval of this item, the County Mayor or County Mayor�s designee shall have the authority to execute Change Order No. 2 and to exercise all provisions contained therein.

Fiscal Impact/Funding Source
Funding for the Playhouse project is included in the FY2025-2026 Adopted Budget and Multi-Year Capital Plan under Program No. 921070 (Volume 2, Page 186), Project #70416 and more specifically detailed below:

Revenue Name Budget Reference Fund Code Revenue Amount
� Convention Development Tax (CDT) Special Obligation Bond Series 2005
� CUA Parking Revenues
FY 2025-26 Adopted Budget
Volume 2, Page 186

� CB017
� CO001 � $9,097,000
� $5,400,000

Track Record/Monitor
Ashlee Thomas, Interim Director of the Miami-Dade County Department of Cultural Affairs, oversees the Department�s management of all contracts, including this Contract and the expenditure of project funds. The Department has a track record of successfully implementing capital grants and managing and programming cultural facilities.

Background
Coconut Grove Playhouse
In 2013, Miami-Dade County and Florida International University (FIU) entered into a long-term lease with the State of Florida for the redevelopment and management of the Coconut Grove Playhouse, a historic civic and cultural landmark. The County is leading a rehabilitation and redevelopment effort intended to rehabilitate the historic building facing Main Highway and Charles Avenue, along with the construction of a new theater and a garage building, to re-establish the site as a premier cultural asset serving theater patrons, residents and visitors.
Construction Contract
The Phase I construction contract was competitively procured under the Miscellaneous Construction Contracts (MCC) 7360 program. John Bell Construction, Inc. was awarded the contract as the lowest responsive and responsible bidder. The scope of the Contract included: removal, protection and storage of historic elements that are scheduled to be incorporated in the new theater, asbestos abatement, structural stabilization, selective demolition, and site preparation necessary to support the next phase of redevelopment.

Once interior debris was removed from the historic building, the Engineer of Record (EOR) requested additional exploratory work to further assess the existing structural conditions by removing stucco applied on the interior face of the building envelope walls. Extensive deterioration affecting the structural integrity of the building was discovered requiring meticulous additional structural repair work for the preservation of the architectural ornamentation on Playhouse�s exterior historic fa�ade. The extent of the required repairs was not evident prior to this work being completed.

Due to the additional structural repair work and bracing required, the plan for structural stabilization originally designed to be installed on the interior of the structure was changed to be accomplished from the exterior of the building, freeing the interior for the repair work required. Change Order No.1 to the Contract authorized the Contractor to perform additional work associated with the change in bracing and to prepare the structure for the repair work, including additional shoring and scaffolding to relieve the roof load from the walls and allow the reconstruction of columns, beams, and masonry sections. Change Order No. 1 granted a 450-day time extension to complete the additional work and increased the Contract amount by $957,235.60 as partial compensation for the repair material procurement and initial work required to continue the work.

Change Order No. 2 compensates the Contractor for the additional work necessary to complete the repair work and structural stabilization of the Playhouse historic gateway building, based on observed conditions and recommendations formulated by the EOR. The structural repair methodology and revised bracing system was issued by the EOR in revised structural drawings, which have been submitted and approved by the City of Miami, the Authority Having Jurisdiction (AHJ). Change Order No. 2 also includes additional costs related to site conditions, including mitigation procedures required for a tree that had grown adjacent to the structure and which posed a threat of undermining the foundation of the historic building. Additional documents and permits were submitted and approved by the AHJ for the tree mitigation.

The original Contract and Change Order No.1 were approved pursuant to the Mayor�s delegated authority under section 2-8.1(b), 2-8.2.7(5) of the Code of Miami-Dade County and IO 3-39. Change Order No. 2 increases the contract amount by $1,812,258.98, including an additional $350,000.00 to replenish the contingency allowance account and $150,000.00 for the dedicated allowance account, raising the total contract value from $4,992,930.99 to an amount not to exceed $6,805,189.97. The additional cost is required to complete the mitigation of the unforeseen structural deterioration and associated changes. The time associated with the additional work is included in Change Order No. 1 and no further time extension is needed as part of Change Order No. 2.

All requests for additional costs and time have been reviewed by the Department to ensure that the proposed costs are consistent with industry standards and reflect the scope of work required to complete the work. A summary of the Change Orders to the Contract, including the Contractor�s Proposed Change Orders (PCOs), are summarized in Exhibit A. Change Order No. 2 is included as Exhibit B.

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Jimmy Morales
Chief Operating Officer