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Amendment 1. Central Florida Equipment Rentals, Inc.02o/e/— J2‘ AMENDMENT NO. 1 TO THE DESIGN/BUILD SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND CENTRAL FLORIDA EQUIPMENT RENTALS, INC., DATED FEBRUARY 5, 2014 FOR THE DESIGN/BUILD SERVICES FOR RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROGRAM NO. 8B — LOWER NORTH BAY ROAD PROJECT This Amendment No. 1 to the Agreement made and entered this' 'day of 2014, by and between the CITY OF MIAMI BEACH, a municipal corporation existing unde° the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 (hereinafter referred to as CITY), and CENTRAL FLORIDA EQUIPMENT RENTALS, INC having its offices at 9030 NW 97TH Terrace Medley, Florida, 33178 (hereinafter referred to as Design/Build Firm). RECITALS WHEREAS, on December 11, 2013 the Mayor and City Commission adopted Resolution No. 2013-28436, approving and authorizing the Mayor and City Clerk to execute an agreement (the Agreement) with Central Florida _Equipment _Rentais,_Inc. fora Guaranteed Maximum Price (GMP) in the amount of $8,950,040, pursuant to Request for Proposal (RFP) 305-2013TC for Design -Build Services for Right -of -Way Infrastructure Improvement Program No. 8B — Lower North Bay Road (the Project); and WHEREAS, on February 12, 2014, pursuant to the recommendation of the Mayor's Blue Ribbon Panel on Flood Mitigation and the Flooding Mitigation Committee, the City Commission approved an amendment to the City's Storm Water Management Master Plan, by modifying the design criteria for the tailwater elevation and adopting an elevation of 2.7 ft-NAVD for all tidal boundary conditions; and WHEREAS, this Amendment No. 1 in the Guaranteed Maximum Price (GMP) of $1,308,187 provides for the re -design, permitting and construction of the Stormwater System, complying with the newly Stormwater Criteria adopted by the City of Miami Beach, as set forth in the attached Exhibit 1A and the additional scope of work set forth in the attached Exhibit 1 B; and WHEREAS, this Amendment No. 1 also includes a credit in the Lump Sum amount of $218,319 for the extraction of services associated with the Public Information Officer (P10) and portions of the Construction Inspection Services (CEI), which was included in the Resident Project Representative (RPR) task, from their contract; and WHEREAS, the original contract is in the Guaranteed Maximum Price (GMP) amount of $8,950,040; and WHEREAS, this Amendment No. 1 will result in an increase of $1,089,868 to the contract for a total revised GMP amount of $10,039,908; and WHEREAS, this Amendment No. 1 includes a time extension of 45 -calendar days for construction of the drainage system associated with the new stormwater criteria for the total revised project duration of six hundred and seventy five (675) calendar days from Notice to Proceed No.1 (NTP # 1) to the project Final completion, and WHEREAS, the work shall be substantially completed within six hundred and fifteen (615) calendar days from the date specified in the first Notice to Proceed and complete and ready for final payment in accordance with Article 8, within sixty (60) calendar days from the date certified by contract administrator as the date of substantial completion; and NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 1. 2. MODIFICATIONS A. The Agreement is amended to incorporate Exhibit 1A- New Stormwater Design Criteria, and Exhibit 1 B- Request For Change Order #1, both attached hereto. B. Section 6.03 of the Agreement is amended as follows: TIME IS OF THE ESSENCE THROUGHOUT THIS CONTRACT. THE WORK SHALL BE SUBSTANTIALLY COMPLETED WITHIN FIVE HUNDRED AND - SIX HUNDRED AND FIFTEEN (615) CALENDAR DAYS FROM THE DATE SPECIFIED IN THE SECOND FIRST NOTICE -TO -PROCEED (I.E. WITHIN FIVE HUNDRED ;ND EEVENTY (570) SIX HUNDRED AND FIFTEEN (615) CALENDAR DAYS FROM THE PROJECT INITIATION DATE), AND COMPLETED AND READY FOR FINAL PAYMENT IN ACCORDANCE WITH ARTICLE 8, WITHIN SIXTY (60) CALENDAR DAYS FROM THE DATE CERTIFIED BY CONTRACT ADMINISTRATOR AS THE DATE OF SUBSTANTIAL COMPLETION. C. All other references to the substantial completion date in the contract documents including without limitation the Design Criteria Package shall run in accordance with the amended contract time in Section 2B above. D. Section 8.01.01 to the Agreement, and Attachment III thereto, are amended to refer to the new Contract Price, in the amount of $10,039,908. 3. RATIFICATION The City and Design/Build Firm ratify the terms of the Agreement, as amended by this Amendment No. 1. 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: City clerk ATTEST: , ,..., rte:, a �, l oll hq Mayor !NCO P °RATED/ h Y ,1 ; ir„ vo CITY OF MIAMI BEACH, FL Secretary Print -Name DESIGN/BUILD FIRM: CENTRAL FLORIDA EQUIPMENT RENTALS, INC. President MP3-'?"S•0*-- Print-Name Attachments: Exhibit 1A- new stormwater design criteria Exhibit 1B- Request For Change Order #1 APPROVED AS TO FORM & LANGUAGE &OIC XECUTION l City Attorney 3 Dote Exhibit 'IA MIAMIBEACH City of Miami Beach, "700 Convention Center Drive, Miami Beach, Florida 33139, www.miacnibeachfl.gov "UBL:C WORKS DEPARTMENT Tel: 305-673-7080. Fax: 305-673-7028 June 3, 2014 Mina Samadi Senior Capital Project Coordinator Capital Improvements Project Office Re: Bayshore Neighborhood No. 8B -- Lower North Bay Road Right -of -Way Improvements Changes in the Design Criteria The change to the Stormwater Design Criteria shall be as follows: 1) The design storm is a five year -24 hours with a rainfall amount of 7.5" (6.0" plus a FS of 1.25) 2) The boundary condition has changed to 2.7 ft NAVD. The following changes are the results: a. Soil Storage will not be included in the drainage calculations b. Exfiltration Trench will not be functional c. Gravity wells will not be functional d. Injection wells will not be functional 3) All new drainage projects will require a pump discharge: a. Pretreatment will be by Vortex structure b. Pumps to be ceramic coated by Wile, Flygt or approved equal c. Pump station to include a trash rack structure, pump wet well, dissipater box and outfall with armoring (note: no check valve but the discharge pipe from the pumps needs to be at an invert of 2.7 NAVD. d. Control panel to be above the 100 year flood BFE + 1.0 ft and shall be shielded from public view. Regards, . Bruce A. A. Mowry, City Engineer Central Florida Equipment Rental Exhibit 1 B CHANGE ORDER REQUEST No. 00001.0 9030 NW 97th Terrace Phone: (305) 888-3344 Medley, FL 33178 Fax: (305) 888-9305 TITLE: New Drainage Design Criteria DATE: 06/04/2014 PROJECT: Lower North Bay Road Infrastructure JOB: C0818 TO: Attn: Edward Baldie CONTRACT NO: 305-2013TC City of Miami Beach Office Capital Improvement Projects 777 17th Street Miami Beach, FL 33139 Phone: 305-673.7000 Fax; 786-673-7073 RE: COR To: From: Number: 00003 DESCRIPTION OF PROPOSAL Title ; Design/Build Services ROW Infrastructure Improvement Program 8B (LNBR) Number : 305-2013TC From : CMB To : CFER This change is for revising drainage system in accordance with new drainage design criteria adopted by City of Miami Beach on February 12, 2014, and revising Contract scope to remove Resident Project Representative and Public Information Officer requirements. In addition, contract terms have been revised to allow project to proceed on July 7, 2014 and phased notices to proceed for construction will be issued by the City for this project as soon as permits are available. The City will assist with obtaining all permits to meet overall project schedule. GMP pricing is contingent on single pump station design approach located at W. 23rd Street and new drainage system being separated from old drainage system that picks up storm water from FDOT right-of- way ight-ofway for Alton Road. Outfalls and piping to outfalls at N. Michigan Ave, W. 21st Street, W 29th Street and Alton Road will remain unchanged except for where existing system has to be separated from new system. 15" storm culvert within project limits will be upgraded to 18" storm culvert on the existing storm system except for W. 21st Street pollution control Outfall, which runs between two homes out to the seawall outfall. The updated baseline schedule is based on work hours allowed by Contract. The City is currently reviewing updated baseline schedule. There is a total of 675 calendar days in this Contract -if no major -changes -are -made. Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 Credit for Removal of PIO 1.000 ($123,930.00) 0.00% $0.00 ($123,930.00) Scopo 00002 Credit for romoval of CEI 1.000 ($94,389.00) 0.00% $0.00 ($94,389.00) portion RPR Scope 00003 Design Changes to Drainage 1.000 8125,000.00 0,00% $0.00 $125,000.00 System 00004 Deduct Storm Water Detention -2.000 Ea $71,000.00 0.00% $0.00 ($142,000.00) I3ox 00005 Deduct Duplex Storm Water -2,000 Ea $431,234.00 0.00% $0.00 ($862,468.00) Pump Station, 14" Submersible Pumps 00006 Deduct Stormwater Injjection -4.000 Ea 859,520.00 0,00% $0.00 ($238,080.00) Wells 00007 Deduct Passivo Relief -2.000 Ea $15,180.00 0.00% $0.00 ($30,360.00) Manhole 00008 Add Demo Existing Inlets 10.000 Ea 8860.00 0,00% $0.00 $8,600.00 00009 Add Demo Existing Storm 6.000 Ea $860,00 0.00% $0.00 $5,160,00 Manholes 00010 Add Demo Existing Storm 605.000 LP 831.00 0.00% $0.00 $18,755.00 Culvert 00011 Deduct Typo D Valley Gutter -8,000 Ea $3,400.00 0.00% $0.00 ($27,200.00) Inlet 4' Rnd 00012 Add Type D Valley Gutter 7.000 Ea $4,876.00 0.00% $0.00 $34,132.00 Inlet 6' Rnd 00013 Deduct Storm Manhole 4' Rnd -10.000 Ea 83,400,00 0.00% $0.00 ($34,000.00) 00014 Add Storrs Manhole 5' Rnd 1.000 Ea $4,138.00 0.00% $0.00 $4,138.00 00015 Add Storm Manhole 6' Rnd 11.000 Ea 84,876.00 0.00% $0.00 $53,636.00 00016 Add Storm Manhole 8' Rnd 10.000 Ea $3,804.00 0.00% 80.00 $38,040.00 00017 Add Special Manhole with 2.000 Ea $7,404.00 0.00% $0.00 $14,808.00 Wier 00018 Add 5 x 5 Inlet w/ Apron 2.000 Ea $7,200.00 0,00% $0.00 814,400.00 Central Florida Equipment Rental CHANGE...E ORD ,.. ...E RR QUEST No. 00001.0 9030 NW 97th Terrace Phone: (305) 888-3344 Medley, FL 33178 Fax: (305) 888-9305 TITLE: New Drainage Design Criteria DATE: 06/04/2014 PROJECT: Lower North Bay Road Infrastructure JOB: C0818 TO: Attn: Edward Baldie CONTRACT NO: 305-2013TC City of Miami Beach Office Capital Improvement Projects 777 17th Street Miami Beach, FL 33139 Phone: 305-673-7000 Fax: 786-673-7073 RE: COR To: From: Number: 00003 DESCRIPTION OF PROPOSAL 00019 Add 5 x 5 Inlet w/ Flume 4.000 Ea $6,800.00 0.00% $0.00 $27,200,00 00020 Add 5 x 5 Valley Gutter Inlet 3.000 Ea $6,500.00 0.00% $0,00 $19,500.00 00021 Add J-5 Inlet 1,000 13a $6,400.00 0.00% $0.00 $6,400.00 00022 Add P-5 Inlet 1.000 Jia $5,500.00 0.00% $0.00 $5,500.00 00023 Deduct Type 13 Inlets -3.000 Ea $4,635.00 0.00% $0.00 ($13,905.00) 00024 Deduct 18" A2000 PVC Pipc -2813.000 LF $56.00 0.00% $0.00 ($157,528.00) Storm Culvert 00025 Add 24" A2000 PVC Pipe 1063.000 LF $68.00 0.00% $0.00 $72,284.00 Storm Culvert 00026 Deduct 30" A2000 PVC Pipe 4482.000 LF $102.00 0,00% $0.00 ($49,164.00) Storm Culvert 00027 Add 36" A2000 PVC Pipe 2746.000 LF $126.00 0.00% $0.00 $345,996.00 Storm Culvert 00028 Add 42" RCP Storm Culvert 2155.000 LF $205.00 0.00% $0.00 $441,775.00 Storm Culvert 00029 Deduct Outfall Manhole w/ -1.000 Ea $19,240.00 0.00% $0.00 ($19,240.00) TidoFlex Check Valve 00030 Add Vortex Manhole 2.000 Ea $90,000.00 0.00% $0,00 $180,000.00 00031 Add Trash Rack and Structure 1.000 Ea $25,000.00 0.00% $0.00 $25,000.00 00032 Add Duplex Storni Water 1.000 Ea $950,000.00 0.00% $0.00 $950,000.00 Pump Station, 20" Submersible Pumps 00033 Temporary Trench Restoration 7280.000 SY $45.00 0,00% $0.00 $327,600.00 00034 Raise Seawall 1.33 Vertiolo 170.000 LF $240.00 0.00% $0.00 $40,800.00 Feet 00035 Escalation Fill Material 4000.000 CY $0.50 0,00% $0.00 $2,000.00 00036 Escalation Liincrock Material 8000.000 Tn $0.75 0.00% $0.00 $6,000.00 00037 Escalation Concrete Material 1507.000 CY $10.00 0.00% $0.00 $15,070.00 00038 Escalation Asphalt Material 2573.000 Tn $10.00 0.00% $0.00 $25,730.00 00039 Add Asphalt Crew 4.000 Ea $3,500.00 0.00% $0.00 $14,000.00 Mobilizations 00040 Escalation Ductile Iron Pipe 1.000 LS $37,800.00 0,00% $0.00 $37,800.00 (Water) 00041 Escalation Ductile Iron 1.000 LS $4,735.00 0.00% $0.00 $4,735.00 Fittings (Water) 00042 Escalation Valves & Fire 1.000 LS $7,635.00 0.00% $0.00 $7,635.00 Hydrants (Water) 00043 Escalation CIPP Sanitary 1535.000 LF $6.80 0.00% $0.00 $10,438.00 Sewer Unit Cost: $1,089,868.00 Unit Tax: $0.00 Central Florida Equipment Rental CHANGE ORDER REQUEST No. 00001.0 9030 NW 97th Terrace Phone: (305) 888-3344 05 Medley,5 .. FL3 78 Fax: TITLE: New Drainage Design Criteria DATE: 06/04/2014 PROJECT: Lower North Bay Road Infrastructure JOB: C0818 TO: Attn: Edward Baldie CONTRACT NO: 305-2013TC City of Miami Beach Office Capital Improvement Projects 777 17th Street Miami Beach, FL 33139 Phone: 305-673-7000 Fax: 786-673-7073 R + : COR To: From: Number: 00003 DESCRIPTION OF PROPOSAL APPROVAL: By: Date: Edward Baldie Total: $1,089,868.00 By: George Brewster Date: 06/04/2014 i'rinraver t - Page 3 or 3