Amendment No. 3 to the PSA with Ribbeck Engineering, Inc. Zoll-305 -i7
AMENDMENT No. 3
TO THE PROFESSIONAL
ENGINEERING SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
RIBBECK ENGINEERING, INC.
DATED July 26, 2016
FOR THE PROVISION OF ADDITIONAL ENGINEERING SERVICES FORTHE INDIAN
CREEK DRIVE/STATE ROAD (SR) A1A, 26 STREET TO 41 STREET- FLOOD
MITIGATION PROJECT IN THE AMOUNT OF $339,196.51.
This Amendment No. 3 to the Agreement is made and entered this ?? day of_Odder
2018, by and between the CITY OF MIAMI BEACH, a municipal corporation existing
under the laws of the State of Florida (the "City"), having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida 33139, and Ribbeck Engineering Inc., a
Florida Corporation having its principal office at 14335 SW 120 St. #205, Miami, Florida
33146(the"Consultant").
RECITALS
WHEREAS, On March 9, 2016, the Mayor and City Commission adopted Resolution
2016-29332 approving a Department Funded Agreement (DFA) between the City and the
Florida Department of Transportation (FDOT) for the cost sharing of a construction project on
Indian Creek Drive from 26th to 41st Streets; and
WHEREAS, On June 8, 2016, the Mayor and City Commission adopted Resolution
2016-29456, approving the award of a professional services agreement to Ribbeck
Engineering, Inc., in the total amount of $407,851, to develop the Design Criteria Package
(DCP) and conceptual plans for approximately 0.85 miles of Indian Creek Drive; and
WHEREAS, the DFA stipulates that the project shall be implemented in two (2)
construction phases; and
WHEREAS, the "Interim" Phase construction for the underground drainage component,
including drainage pipes ranging in size up to 72 inches in diameter, drainage structures, 24
inch diameter storm drainage pipes along the side streets, the pump station structure and
roadway drainage system is now substantially completed; and
WHEREAS, the "Ultimate" phase includes the roadway reconstruction component,
raising the roadway and harmonization to the final grade; and
WHEREAS, on April 26, 2017, the Mayor and City Commission adopted Resolution
2017-29839, authorizing the negotiation of Amendment No. 1 to the Professional Services
Agreement with Ribbeck Engineering, Inc., in the amount of $863,171.92 plus a $86,317.19
contingency, for a total amount of $949,489.11, to prepare a set of "Interim" construction plans
from 25th to 26th Streets, and 26th to 41st Streets, including side streets along the entire project
limits; and
WHEREAS, on October 18, 2017, the Mayor and City Commission adopted Resolution
2017-30070, authorizing the negotiation of Amendment No. 2 to the Professional Services
Agreement with Ribbeck Engineering, Inc., in the amount of$1,056,347.77, plus a $158,452.17
owner's contingency of fifteen percent (15%), for a total amount of $1,214,799.94, to complete
the"Ultimate" Phase final signed and sealed construction plans for the entire project limits; and
WHEREAS, the scope of work included detailed roadway, traffic control plans and
analysis, seawall plans, drainage analysis and plans, signage, signalization, pavement
markings, lighting and related improvements; and
WHEREAS, the scope also included a Design Variations memorandum and reports
including crash data analysis and cost benefit ratios required by FDOT and electrical and
mechanical design of the pump station to reduce the time and cost of temporary pumps; and
WHEREAS, the City and FDOT staff determined that rather than proceeding with a
design/build construction methodology, the Ultimate Phase work would be better accomplished
by first completing the design plans for the Project, and then selecting a contractor, via an
Invitation to Bid process, to perform the construction work; and
WHEREAS, on September 21, 2018, Invitation to Bid (ITB) 2018-054ZD was issued for
the Indian Creek Improvements from 25th to 41st Streets, with a Bid Opening date scheduled
for November 12, 2018; and
WHEREAS, due to the change in the project procurement method, increase in the scope
of work and construction price escalation, FDOT is increasing their cost sharing participation for
this project; and
WHEREAS, a revised Department Funded Agreement (DFA) with FDOT is being
presented to the City Commission, for approval on October 17, 2018; and
WHEREAS, at the request of City Administration, Ribbeck Engineering Inc. submitted a
negotiated cost proposal (Attachment A) in the amount of 308,360.46, plus a ten percent(10%)
Owner's Contingency of $30,836.05, for a total of $339,196.51, for performing subsurface
exploration to further identify potential utilities conflicts, modifications to roadway and drainage
design resulting from owners requests to modify harmonization plans for the adjacent
properties, parking lanes modification to meet FDOT criteria, additional utility coordination,
special handrail design to meet new city criteria and additional coordination efforts; and
WHEREAS, this cost proposal was submitted to the Public Works Department and
Office of Capital Improvements Projects for review and staff found the proposal was fair and
reasonable.
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 a part of this
Amendment No.3.
2. MODIFICATIONS
(a) The Agreement is amended, as provided herein and in Schedule "A" attached
hereto.
(b) In consideration for the services to be performed under this Amendment No. 3, City
shall pay Consultant the not-to-exceed amount of$339,196.51, as provided in schedule
"A", attached hereto.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged and shall remain
in full force and effect.
4. RATIFICATION.
The City and Consultant 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.
ATTEST: CITY OF MIA CH, FLORIDA
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Rafael . Grana , Dan Gelber
City Clerk Mayor
ATTEST: CONSULTANT: 7 , /,
RIBBECK ENGt)¢EE j4G T
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Secretary Principal
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Print Name Print Name
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
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City Attorney 1211x' Dac•