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2015-29178 Reso RESOLUTION NO. 2015-29178 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 AMENDMENT NO. 2 TO THE DESIGN-BUILD AGREEMENT BETWEEN THE CITY AND LANZO CONSTRUCTION CO., FLORIDA, FOR DESIGN-BUILD SERVICES FOR NEIGHBORHOOD NO. 13: PALM AND HIBISCUS ISLANDS RIGHT-OF- WAY INFRASTRUCTURE IMPROVEMENT PROJECT, DATED SEPTEMBER 18, 2014 (THE CONTRACT); SAID AMENDMENT INCLUDING ADDITIONAL DESIGN SERVICES REQUIRED TO MEET THE REVISED CITY LANDSCAPE ORDINANCE, THE HOME OWNERS ASSOCIATION COMMENTS, AND THE CITY'S FIRE DEPARTMENT ANALYSIS, IN THE NOT-TO-EXCEED AMOUNT OF $73,240 WITH PREVIOUSLY APPROPRIATED FUNDING. WHEREAS, on July 17, 2013, the City Commission adopted Resolution No.2013- 28251 approving the negotiations with Lanzo Construction Co., Florida (Lanzo) pursuant to Request for Qualifications (RFQ) No. 251-2013TC, for Design-Build Services for Neighborhood No. 13: Palm and Hibiscus Islands Right-of-Way Infrastructure Improvement Project, and further authorizing the Mayor and City Clerk to execute an agreement for pre- construction services upon completion of successful negotiations; and WHEREAS, the City negotiated Design and Pre-Construction Services with Lanzo Construction Co. in the lump sum amount of$599,464; and WHEREAS, on February 12, 2014, pursuant to the recommendation of the Mayor's Blue Ribbon Panel on Flooding and Sea Rise and the Flooding Mitigation Committee, the City Commission approved to amend the City's Storm Water Management Master Plan by modifying the design criteria for the tailwater elevation and adopted an elevation of 2.7 ft- NAVD for all tidal boundary conditions; and WHEREAS, on November 19, 2014, the City Commission adopted Resolution No. 2014-28852, approving Amendment No.1, in the amount of $251,016, which included additional design services associated with the adopted enhanced storm water criteria, and which amendment was executed by the City on December 1, 2014; and WHEREAS, the proposed Amendment No. 2 to the Agreement, incorporating additional design services required to meet the revised city landscape ordinance, comments from Home Owners Association, the analysis from the City's Fire Department, the Public Works Department (PWD) change in criteria relating to the placement of Florida Power and Light (FPL) transformers within the City Right-of-Way, and other design criteria clarification; and WHEREAS, City staff, along with the Design Criteria Professional (Stantec Consulting Services), has evaluated the Design-Builder cost proposal for the additional services and is in agreement that the proposal is fair and reasonable; and WHEREAS, the Administration recommends the execution of Amendment No. 2, in the negotiated not-to-exceed amount of$73,240, will provide additional design services, and increase the total contract sum to a not-to-exceed total of$923,720. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission Miami of Beach, Florida, hereby approve and authorize the Mayor and City Clerk to execute Amendment No. 2 to the existing Design-Build agreement between the City and Lanzo Construction Co., Florida, for Design-Build Services for Neighborhood No. 13: Palm and Hibiscus Islands Right-of-Way Infrastructure Improvement Project, dated September 18, 2014 (The Contract); said amendment including additional design services required to meet the revised City landscape Ordinance, the Home Owner Association comments, and the City's Fire Department analysis, in the negotiated not-to-exceed amount of $73,240; with previously appropriated funding. PASSED AND ADOPTED THIS /9 DAY OF OCf0be(2015. ATTEST: • • afael' Granado, Ci Clerk Philip Levi orf • T:\AGENDA\2015\October\CIP\Palm and Hibiscus-Lanzo Amendm- -RESO.docx APPROVED AS AGE FORM & LANGU & FOR EXECUTION ,�. f° - IZ - f5 City Attorney mv Date • 62°6102 9/ 7ff AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND LANZO CONSTRUCTION CO., FLORIDA., FOR PROGRESSIVE DESIGN-BUILD SERVICES FOR NEIGHBORHOOD NO. 13: PALM AND HIBISCUS ISLANDS RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROJECT DATED SEPTEMBER 18, 2014 This Amendment to the Agreement made and entered this 15 day of Oc t , 2015 by and between the City of Miami Beach, a Municipal Corporation existing under the laws of the State of Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and LANZO CONSTRUCTION CO., FLORIDA, a Florida Corporation with its principal place of business located at 125 SE 5th Court, Deerfield Beach, Florida 33441 (Design-Builder). RECITALS WHEREAS, On July 17, 2013, the City Commission adopted Resolution No.2013-28251 approving the negotiations with Lanzo Construction Co. Florida (Lanzo) pursuant to Request for Qualifications (RFQ) No. 251-2013TC, for Design-Build Services for neighborhood No. 13: Palm and Hibiscus Islands Right-of-Way Infrastructure Improvement Project, further authorizing the Mayor and City Clerk to execute an agreement for pre-construction services upon completion of successful negotiations; and WHEREAS, On February 12, 2014, the City Commission approved the recommendation by the Mayor's Blue Ribbon Panel on Flooding and Sea Rise and the Flooding Mitigation Committee to amend the City's Storm Water Management Master Plan by modifying the design criteria for the tailwater elevation and adopted an elevation of 2.7 ft-NAVD for all tidal boundary conditions; and WHEREAS, On September 18, 2014, the City executed an agreement (Agreement) for Design and Pre-Construction Services with Lanzo Construction Co. in the lump sum amount of $599,464; and WHEREAS, On November 19, 2014, the City Commission adopted Resolution No. 2014-28852, approving Amendment No. 1 to the Agreement, in an amount not-to-exceed $251,016, to include additional design services associated with the adopted enhanced storm water criteria (the Agreement and Amendment No. 1 shall be collectively referred to as the Agreement); and WHEREAS, On October 14, 2015, the Commission approved this Amendment No. 2 to the Agreement, incorporating additional design services required to meet the revised city landscape ordinance, comments from Home Owners Association (HOA), the City's Fire Department analysis, Public Works Department (PWD) change in criteria relating to the placement of Florida Power and Light (FPL) transformers within the City Right-of-Way, and other design criteria clarification; and WHEREAS, This Amendment No. 2 to the Agreement, increases the contract price by a no-to-exceed sum of $73,240, and thereby increasing the total contract sum to a not-to-exceed total of$923,720. 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: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as part of this Amendment No. 2. 2. MODIFICATIONS The Agreement is amended to include "Attachment A-2", which is attached and incorporated herein. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The CITY and DESIGN-BUILDER ratify the terms of the Agreement, as amended by this Amendment No. 2. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI,- A - / .„4104 Ir 2151c By d / Iifyi' LJ , f i'P R. ael Granado, Cit CI rk PhilipLevi r Major ATTE : DESI -B ' LD: LANZO 'i NS UCTION CO., FLORIDA 1__ _ By r TITLE: 7 TITLE: 1/1' .4.._ r 2 s " . (;),ob Qt27)13 111 ; g Print Name Print Name Attachment: Attachment A-2 APPROVED AS TO FORM & LANGUAGE & F R ECUTION C;(' ----- (-2, - (5 City ..,N1 Date Attachment A-2 LAN ZO CONSTRUCTION COMPANY Delivering sustainable infrastructure solutions for tomorrow's communities September 18,2015 E-Mail (MarkTomczyk @MiamiBeachFl.gov) City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: Mark Tomczyk PE Senior Capital Projects Coordinator Reference: Neighborhood No. 13, Palm and Hibiscus Islands F-430,AW-5, Additional Work Cost Presentation, $73,240 Fire Department Policy Enforcement, Tree Ordinance Regulatory Change, Work Requested by City during Design Pause, I Design Criteria Clarification Period, Revised The following summarizes time and cost associated with Fire Department policy enforcement, Tree Ordinance Regulatory change, Work Requested by City during Design Pause and Design Criteria Clarification Period. Cost is summarized below. This revision to Lanzo's earlier letter and accommodates the Lanzo/City meeting of September 17tH • Design Services(attached WadeTrim Letter of Sept. 18) o Fire Department Policy Enforcement 22,758 o Tree Ordinance Regulatory Change 20,280 o Work Requested by City during Design Pause 12,184 o Design Criteria Clarification Period 9,660 o FPL Design Change 3,248, Subtotal 68,130 7.5 % Mark-up 5,110 Total 73,240 In addition to the Costs presented above, upcoming submittal dates were agreed upon at the September 10 meeting. Submittal date for the 90%drawings is expected on October 26, 2015, GMP(October 29), & 100%(November 9, 2015). If I can be of assistance in your review, please call me at 954.931-6581. 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L N N 0 0 0 ..._CO CO O Cp R Cp L L t- c t a) t- 7 F- � ddQ. co V F- � QadW Cp 0CC O U) N O O O•• O co O 00 U N N O Ct N M rt fn 6 d9 b4 fR V) 0 O a) U t O EA te 0 0 o loo 0 N 7 N M 7 � O +� QN 44, C �p 7 2 O O V M •i O O O d U O O M • o CO 0 0 N CD Cl C c9 y _ O G _5 d c .0 0 0 0 LL aci w O 69 - 00 d CD E o c "" vv v• CL 0 V '9 O a O a LL U) N Q c (� O a l N I' LL CD C �.mac- c S o o S _ °. o C.) .L a t °' • as a f° c �a .N Y E w.� � � 5 a cn COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,Authorizing The Mayor And City Clerk To Execute Amendment No. 2 To The Design-Build Agreement Between The City Of Miami Beach, Florida, And Lanzo Construction Co., Florida, For Design-Build Services For Neighborhood No. 13: Palm And Hibiscus Islands Right-Of-Way Infrastructure Improvements (The Project), Dated September 18, 2014 (The Contract); The Amendment Includes Additional Design Services Required To Meet The Revised City Landscape Ordinance, Home Owners Association (Hoa)Comments And Fire Code Analysis In The Not-To-Exceed Amount Of $73,240 With Previously Appropriated Funding. Key Intended Outcome Supported: Build and maintain priority infrastructure with full accountability. Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Customer Satisfaction Survey indicated that over 77%of residents rated recently completed capital improvement projects as"excellent"or"good". Item Summary/Recommendation: On July 17, 2013,the City Commission approved the negotiations with Lanzo Construction Co., Florida(Lanzo) pursuant to Request for Qualifications(RFQ)No.251-2013TC,for Design-Build Services for Neighborhood No. 13: Palm and Hibiscus Islands Right-of-Way Infrastructure Improvement Project. The City negotiated Design and Pre- Construction Services with Lanzo Construction Co. in the lump sum amount of$599,464,based on the DCP included in the original solicitation. On February 12, 2014, the City Commission approved the recommendation by the Mayor's Blue Ribbon Panel on Flooding and Sea Rise and the Flooding Mitigation Committee to amend the City's Stormwater Management Master Plan by modifying the design criteria for the tailwater elevation and adopted an elevation of 2.7 ft-NAVD for all tidal boundary conditions.The City's Public Works Department(PWD)has requested that staff implement the enhanced stormwater system criteria. On December 1,2014,Amendment No.1 was executed per Resolution 2015-28852 adopted on November 19, 2014, in the amount of$251,016,which included additional design services associated with the adopted enhanced Storm Water Criteria. The City adopted Tree Ordinance Number 2014-3904,assuming jurisdiction from Miami-Dade County starting June 15,2015.As such,additional design services are needed in order to meet the revised City landscape ordinance specifying more stringent mitigation requirements. Secondly, additional design services are required in order to incorporate HOA comments, PWD change in criteria relating to transformers placement within City Right-of-Way,and other design criteria clarification into the 60% Design Documents. Lastly, based on review comments from the City's Fire Department of the 60% Design Documents,additional maneuverability analysis as well as corridor improvements(intersection enhancement and widening corridors)were required and were not included in the DCP. Pursuant to these required design modifications,the Design-Build Firm submitted a proposal for these additional services in the not-to-exceed negotiated amount of$73,240.Amendment No.2(attached)will revise the total contract sum for design and pre-construction services to a not-to-exceed total of$923,720. City staff along with the Design Criteria Professional(Stantec Consulting Services)has evaluated the Design-Build cost proposal for the additional services and is in agreement that the proposal is fair and reasonable. The Administration recommends approval of the resolution. Advisory Board Recommendation: Financial Amount Account Information: Fund 1 $73,240 Fund 384-2338-061357—2003 G.O. Bond Neighborhood rsil 2 OBPI Total $73,240 Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: David Martinez, Ext.6972 Sign-Offs: Depart D rector Assist• anager City anager DM 4I: EC 46■1. JLM i&U T:\AGENDA\201 Octobe CIP\Palm and Hibiscus-Lanzo Amendment 2-SUMMARY.docx MIAMIBEACH AGENDA ITEIfA r DATE 10 Pi—lc M o 1915•2015 M1AiV1 BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov CO - ISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City •,Immission FROM: Jimmy L. Morales, City Manager DATE: October 14, 2015 SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO THE DESIGN-BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND LANZO CONSTRUCTION CO., FLORIDA, FOR DESIGN-BUILD SERVICES FOR NEIGHBORHOOD NO. 13: PALM AND HIBISCUS ISLANDS RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS (THE PROJECT), DATED SEPTEMBER 18, 2014 (THE CONTRACT); THE AMENDMENT INCLUDES ADDITIONAL DESIGN SERVICES REQUIRED TO MEET THE REVISED CITY LANDSCAPE ORDINANCE, HOME OWNERS ASSOCIATION (HOA) COMMENTS AND FIRE CODE ANALYSIS IN THE NOT-TO- EXCEED AMOUNT OF $73,240 WITH PREVIOUSLY APPROPRIATED FUNDING. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Build and maintain priority infrastructure with full accountability. FUNDING $73,240 Fund 384-2338-061357—2003 G.O. Bond Neighborhood $73,240 Total BACKGROUND On July 17, 2013, the City Commission adopted Resolution No.2013-28251 approving the negotiations with Lanzo Construction Co., Florida (Lanzo) pursuant to Request for Qualifications (RFQ) No. 251-2013TC, for Design-Build Services for Neighborhood No. 13: Palm and Hibiscus Islands Right-of-Way Infrastructure Improvement Project, further authorizing the Mayor and City Clerk to execute an agreement for pre-construction services upon completion of successful negotiations. On February 12, 2014, the City Commission approved the recommendation by the Mayor's Blue Ribbon Panel on Flooding and Sea Rise and the Flooding Mitigation Committee to amend the City's Stormwater Management Master Plan by modifying the design criteria for the tailwater elevation and adopted an elevation of 2.7 ft-NAVD for all tidal boundary conditions. Commission Memorandum—Lanzo Construction Palm and Hibiscus—Preconstruction Services Neighborhood 13 Project October 14, 2015 Page 2 The City's Public Works Department (PWD) has requested that staff implement the enhanced stormwater system criteria. The Design Criteria Package (DCP) that was originally included in the RFQ had to be revised to incorporate the new enhanced stormwater criteria, which required additional negotiations with the Design-Build Firm. The City negotiated Design and Pre-Construction Services with Lanzo Construction Co., in the lump sum amount of$599,464, based on the DCP included in the original solicitation. On December 1, 2014, Amendment No.1 was executed per Resolution 2015-28852 adopted on November 19, 2014, in the amount of $251,016, which included additional design services associated with the adopted enhanced Storm Water Criteria. ANALYSIS On November 19, 2014, the City adopted Tree Ordinance Number 2014-3904, assuming jurisdiction from Miami-Dade County starting June 15, 2015. As such, additional design services are needed in order to meet the revised City landscape ordinance specifying more stringent mitigation requirements. Secondly, additional design services are required in order to incorporate HOA comments, PWD change in criteria relating to transformers placement within City Right-of-Way, and other design criteria clarification into the 60% Design Documents. Lastly, based on review comments from the City's Fire Department of the 60% Design Documents, additional maneuverability analysis as well as corridor improvements (intersection enhancement and widening corridors)were required and were not included in the DCP. Pursuant to these required design modifications, the Design-Build Firm submitted a proposal for these additional services in the not-to-exceed negotiated amount of $73,240. Amendment No.2 (attached) will revise the total contract sum for design and pre-construction services to a not-to-exceed total of$923,720. City staff along with the Design Criteria Professional (Stantec Consulting Services) has evaluated the Design-Build cost proposal for the additional services and is in agreement that the proposal is fair and reasonable. CONCLUSION: The Administration recommends approval of the Resolution. ATTACHMENTS: Attachment A- Lanzo Construction Co., Florida Amendment No. 2 Attachment B - Stantec Consulting Services JLM\EC\DM T:\AGENDA\2015\October\CIP\Palm and Hibiscus-Lanzo Amendment 2-MEMO.docx Attachment A AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND LANZO CONSTRUCTION CO., FLORIDA., FOR PROGRESSIVE DESIGN-BUILD SERVICES FOR NEIGHBORHOOD NO. 13: PALM AND HIBISCUS ISLANDS RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROJECT DATED SEPTEMBER 18, 2014 This Amendment to the Agreement made and entered this day of , 2015 by and between the City of Miami Beach, a Municipal Corporation existing under the laws of the State of Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and LANZO CONSTRUCTION CO., FLORIDA, a Florida Corporation with its principal place of business located at 125 SE 5th Court, Deerfield Beach, Florida 33441 (Design-Builder). RECITALS WHEREAS, On July 17, 2013, the City Commission adopted Resolution No.2013-28251 approving the negotiations with Lanzo Construction Co. Florida (Lanzo) pursuant to Request for Qualifications (RFQ) No. 251-2013TC, for Design-Build Services for neighborhood No. 13: Palm and Hibiscus Islands Right-of-Way Infrastructure Improvement Project, further authorizing the Mayor and City Clerk to execute an agreement for pre-construction services upon completion of successful negotiations; and WHEREAS, The City negotiated Design and Pre-Construction Services with Lanzo Construction Co. in the lump sum amount of$599,464; and WHEREAS, On February 12, 2014, the City Commission approved the recommendation by the Mayor's Blue Ribbon Panel on Flooding and Sea Rise and the Flooding Mitigation Committee to amend the City's Storm Water Management Master Plan by modifying the design criteria for the tailwater elevation and adopted an elevation of 2.7 ft-NAVD for all tidal boundary conditions; and WHEREAS, On December 1st, 2014, the City Commission executed Resolution No. 2014-28852, approving Amendment No. 1 to the Agreement, in an amount not-to-exceed $251,016, to include additional design services associated with the adopted enhanced Storm Water Criteria ; and WHEREAS, this Amendment No. 2 to the Agreement incorporates additional design services required to meet the revised city landscape ordinance, comments from Home Owners Association (HOA), fire code analysis, Public Works Department (PWD) change in criteria relating to Florida Power and Light (FPL) transformers placement within City Right-of-Way, and other design criteria clarification; and WHEREAS, pursuant to these required design modifications, the Design-Build Firm submitted a proposal for these additional services in the not-to-exceed negotiated amount of $73,240; and Attachment A WHEREAS, City staff along with the Design Criteria Professional (Stantec Consulting Services) has evaluated the Design-Builder cost proposal for the additional services and is in agreement that the proposal is fair and reasonable; and WHEREAS, Amendment No. 2 to the Agreement revises the total contract sum to a not- to-exceed total of$923,720. 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: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as part of this Amendment No. 2. 2. MODIFICATIONS The Agreement is amended to include "Attachment A-2", which is attached and incorporated herein. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The CITY and DESIGN-BUILDER ratify the terms of the Agreement, as amended by this Amendment No. 2. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH By Rafael Granado, City Clerk Philip Levine, Mayor ATTEST: DESIGN-BUILD: LANZO CONSTRUCTION CO., FLORIDA., By TITLE: TITLE: Print Name Print Name Attachment: Attachment A-2 Attachment B Stantec 21301 Powerline Road,Suite 311 Boca Raton,FL 33433 Tel:(561)487-3379 Fax:(561)487-3466 September 22, 2015 Olga Sanchez, E.I., LEED AP Capital Projects Coordinator CAPITAL IMPROVEMENT PROJECTS OFFICE 1700 Convention Center Drive Miami Beach, FL 33139 Re: Palm and Hibiscus Neighborhood Improvements City of Miami Beach, Florida Additional Work Cost Presentation Dear Ms. Sanchez: Please note that Stantec Consulting has reviewed the request for additional services from Lanzo Construction dated September 18th, 2015. The project additional services are to meet the revised city landscape ordinance, comments from Home Owners Association (HOA), fire code analysis, Public Works Department(PWD) change in criteria relating to transformers placement within City Right-of-Way, and other design criteria clarification. The Contractor has requested additional payment for various services valued at$73,240.00. In our capacity as the Design Criteria Professional, Stantec has reviewed the submitted request for additional services. We have found that it is warranted based on the conditions affecting the project and recommend approval. If you have any questions, please feel free to contact me at any time. Sincerely, STANTEC CONSULTING SERVICES INC. Jeffrey Crews, P.E., LEED AP Senior Associate V:\2156\active\215612258\correspondence\Add Services Recomend.docx Design with community in mind