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Amendment No. 3 to the Agreement with Lanzo Construction Co., Florida. a 0 S--c2 902 yi AMENDMENT NO. 3 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 'V day of J4Nkary 2 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; 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 Mayor and City Commission adopted Resolution No. 2014-28852, approving Amendment No.1 to the Agreement, which authorized additional design services associated with the City's adoption of the enhancements to the City's Storm Water Management Master Plan; which Amendment was for the amount of $251,016; and WHEREAS, on October 14, 2015, the Mayor and City Commission adopted Resolution 2015-29178, approving Amendment No. 2 to the Agreement, in the not-to-exceed amount of $73,240, incorporating additional design services required to meet the City's revised landscape ordinance; modifications to the scope of services based upon comments from the Palm and Hibiscus Homeowners 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 (ROW), and other design criteria • clarifications; and WHEREAS, this Amendment No. 3 to the Agreement is for acceptance of the Guaranteed Maximum Price (GMP) for Phase 2 Construction Services in the amount of $36,500,000 which includes a Specific Allowance of $1,500,000, with a construction duration of 18 months to achieve substantial completion of construction. 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. 3. 2. MODIFICATIONS The Agreement amends Article 6 - Term and Schedule, Section 6.3, which modifies the substantial completion duration of the Agreement from 420 calendar days to 540 calendar days. The Agreement is also amended to include "Attachment A-3", 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. 3. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be executed in their names by their duly authorized officials as of the date first set forth above. 4,0\.....P............ ATTEST: z N•.`.-.**-*kN -.. .> OF MIAMI BEACH / , :INCORP ORATED. 1)1111 ,1 ' I , viged .i I 4 (e '.. z r-Rafael Granado, City ler s - - ',O)if Phili,� Levine, Mayor ATTEST' DESIGN-BUILD: I LANZO CONS RUCTION CO., FLORIDA., f te .//- By ( w< AY es . y TITLE: / TITLE: I/r c. .� � e �4,e 4,p4 ry jc G & e/,.27. 80 , Print Name Print Name Attachment A-3 APPROVED AS TO FORM&LANGUAGE &FOR gECUTION JL(;)r.(5—.. r -- 4 - t G . City Attorney Dote it,x