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Amendment No. 5 to the Agreement with Lanzo Construction Co. AMENDMENT NO. 5 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND LANZO CONSTRUCTION Co. FOR ITB 060-2013TC/DESIGN-BUILD SERVICES FOR THE SUNSET HARBOUR PUMP STATION RETROFIT AND DRAINAGE IMPROVEMENTS PROJECT DATED JUNE 19, 2013 TOisAmendment No. 5 (Amendment) to the Agreement is entered into this 9 day of TET1B L-y\2016 (Effective Date), by and between the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and LANZO CONSTRUCTION CO., a Florida Corporation, having its principal place of business at 125 SE 5th Court, Deerfield Beach, Florida 33441 (Design-Builder), and hereby amends the Agreement as follows: RECITALS WHEREAS, on September 30, 2014 the Mayor and City Commission adopted to award Lanzo Construction Co., the design-build contract for the Sunset Harbour Pump Station Retrofit and Drainage Improvements Project (hereinafter "Original Agreement"); and WHEREAS, the proposed Design-Build contract shall incorporate all remaining scope of work elements of the project, and provide any additional scope of work required to modify the current construction documents, as required by the Public Works Department under the original scope of work; and WHEREAS, on September 30, 2014, the Mayor and City Commission adopted resolution 2014-28765, approving Amendment to the Original Agreement, which authorized the additional scope of work that includes: 1) stormwater improvements, along 18th Street; 2) watermain improvements along 20th Street; 3) paving and hardscape improvements along 20th Street; 4) landscape improvements along 20th Street; 5) lighting improvements along 20th Street; and 6) irrigation improvements along 20th Street; associated with the original agreement, which amendment was for the not-to- exceed amount of$4,250,000; and WHEREAS, the combined sum of the negotiated design-build GMP and the amount negotiated as part of the settlement of the existing contract shall not exceed $6,836,940.74, which includes the $2,586,940.74 construction award value of the current Lanzo Construction Contract and the proposed design/build amount of $4,250,000; and WHEREAS, on October 29, 2014, the Mayor and City Commission adopted resolution 2014-28817, approving Amendment No 1 to the Original Agreement, which authorized additional engineering services, drainage structure modification, drainage pipe, and water main replacement associated with the original agreement, which amendment was for the not-to-exceed amount of$5,590,718; and WHEREAS, on September 30, 2015, the Mayor and City Commission adopted resolution 2015-29153, approving Amendment No 2 to the Original Agreement, which authorized additional work to bring Purdy Avenue, West Avenue, and 18th Street to a 3.70 feet NAVD elevation, and to replace the 20-inch water main along Dade Boulevard, from Alton Road to the bridge west of Purdy Avenue associated with the original agreement, which amendment was for the not-to-exceed amount of$7,080,844; and WHEREAS, on December 9, 2015, the Mayor and City Commission adopted resolution 2015-29242, approving Amendment No 4 to the Original Agreement, which authorized additional work to bring Sunset Drive to a 3.70 feet NAVD elevation, including associated water, sewer, Stormwater improvements, landscaping, lighting, and irrigation, which amendment was for the not-to-exceed amount of$2,721,607; and WHEREAS, the scope of the Original Agreement has been modified over time, via change orders 1 through 4, to include work associated with the neighborhood improvements to be completed within the Sunset Harbour Neighborhood including landscaping, lighting, water, sewer, drainage and paving, and the retrofit of the three (3) pump stations; and WHEREAS, this Amendment No 5 to the Original Agreement is needed in order to (1) bring Parking Lot No. 46, boat ramp, and the Purdy Marina Parking Lot, and West Avenue from 18th Street to Dade Boulevard to a 3.7 feet NAVD elevation; (2) expand Pump Station No. 2; and (3) construct a discharge outfall pipe, including associated water, sewer, landscaping, lighting and irrigation along parking lots and West Avenue; and WHEREAS, Public Works received the cost proposals from Lanzo, in the amount of$3,523,019.51 to complete all the improvements; and WHEREAS, after extensive negotiations with Lanzo, Public Works reviewed and deemed the revised cost proposal acceptable for the work included, and recommend adding a ten percent (10%) construction contingency to the cost proposal, which brings the additional services in the not-to-exceed amount of$3,875,322; and WHEREAS, the above recommended change in scope would significantly shorten the delivery of the remaining work, keep Lanzo mobilized on-site; and only extend the construction schedule by six (6) months, bringing the new anticipated Project completion date to May 2017; and WHEREAS, the Administration believes that given: (1) current conditions, both at the Project site and within the neighborhood; (2) the potential community hardships, quality of life issues, potentially aggravated due to a postponement of the current work in order to undertake a procurement process; and (3) the fact that this contractor is already performing work in the area, the City Administration, in assessing the totality of factors giving rise to this situation, believes there is ample support to find that a public emergency exists; and Page 2 of 4 WHEREAS, the City Manager, based upon the foregoing, finds an emergency, and requests that the City Commission, waive, by 517th vote, the competitive bidding requirement, and find it in the best interest of the City to waive the bidding requirements and award a 5th change order to Lanzo; and WHEREAS, on April 13th 2016, the Mayor and City Commission adopted Resolution Number 2016-29366, authorizing to execute amendment No 5 to the Original Agreement; and WHEREAS, on April 13th 2016, the Mayor and City Commission adopted Resolution Number 2016-29366, authorizing to execute amendment No 5 to the Original Agreement; and WHEREAS, Amendment No 5 to the Original Agreement, revises the total contract sum to a not-to-exceed total of $26,105,430.94; and NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Consultant hereby agree to amend the Original Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment No 5 to the Original Agreement. 2. MODIFICATIONS. The Original Agreement is hereby amended to include Resolution 2016-29366, which is attached and incorporated herein. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Original Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Original Agreement, the provisions of this Amendment shall govern. 4. SEVERABILITY. In the event that any clause or provision of this Amendment or the underlying Original Agreement or any part thereof shall be declared invalid, void or unenforceable by any court having jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining portions of this Amendment unless the result would be manifestly inequitable or unconscionable. IN WITNESS WHEREOF, the parties hereto have caused this 5th Amendment to the Original Agreement to be executed by their appropriate officials, as of the date first entered above. Page 3 of 4 FOR CITY: CITY OF MIAMI BEACH ORIDA ATTEST: ,40'/, / ;/ `` ,/ By: d Rat:el E. .n do, City Clerk 'r' ����,' ' a Levin- .1.r' Date b �7 ,�,1 r �TO Fl i 'N INCORF ORATED L' '•• �S� A. %ONSTRUCTION CO.,FOR DESIGN BUILDER: ' , ,.- ��L N'�©.�� `Z/,:�',��'•••.......•FLOJ' I3A. ATTEST: 11.E 4 By: G ___cL/yp Secretary Pre ident p P Print yme Print am Date Da APPROVED AS TO Attachment: Resolution 2016-29366 FORM & LANGUAGE • & FOR EXECUTION Ndi, / 30 /w F:ATTO/TORG\GISELA\FORMS\AMENDMENTSWMENDMENTTEMP • ity Attorney Dote • Page 4 of 4