Amendment No. 4 to the Agreement with Lanzo Construction Co. 02.0/8—301/VV
AMENDMENT NO. 4
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 If day of i>CF4 /, 2018
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 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; 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 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; and
WHEREAS, on September 18, 2014, the City negotiated Design and Pre-
Construction Services (Phase 1) with Lanzo, in the lump sum amount of $599,464,
based on the Design Criteria Package (DCP) included in the original solicitation; and
WHEREAS, on November 19, 2014, the City Commission adopted Resolution
No. 2015-28852 approving Amendment No.1 in the amount of$251,016, which included
additional design services, associated with the adopted enhanced storm water criteria,
bringing the total contract amount to $850,480; and
WHEREAS, on October 14, 2015, the City Commission adopted Resolution No.
2015-29178 approving Amendment No.2 in the amount of $73,240, incorporating
additional design services required to meet the revised City Landscape ordinance,
comments from the Home Owners Association, the Fire and Public Works Department's
changes in the criteria related to the placement of Florida Power and Light (FPL)
transformers within City's Right-of-Way; and
WHEREAS, On December 9, 2015, the City Commission adopted Resolution No.
2015-29243 approving Amendment No.3 to the Design Build Agreement with Lanzo in
the Guaranteed Maximum Price (GMP) of $36,500,000, plus a $2 million owner's
contingency for Phase 2 - Construction Services; and
WHEREAS, On July 21, 2016 Change Order No.1 in the amount of $313,905.06
was issued from the approved contingency funds for additional watermain installation
and to supply and maintain temporary pumps to mitigate king tides on Palm and
Hibiscus Islands; and
WHEREAS, On July 25, 2018, the City Commission adopted Resolution No.
2018-30444 to negotiate and execute amendment No.4 in a not to exceed amount of
$1,951,208, plus $195,121 owner's contingency for the design, permitting and
installation of auxiliary power bi-fuel generators for the three (3) stormwater pumps
stations on Palm and Hibiscus Islands; and
WHEREAS, on October 30, 2018, the City Manager executed Change Order No.2
from the approved contingency funds, for additional services requested by the City in the
amount of $686,094.94, which included, force main replacement; additional water main
valves; relocation of stormwater pipe to salvage existing trees; additional secondary
drainage on Hibiscus Island; additional temporary pavement; Hurricane Irma impacts;
associated general conditions and other miscellaneous work; credits related to scope of
work reductions in street lighting, speed tables and road width reduction along North and
South Coconut Lanes; and a time extension of four hundred and sixty-seven (467) calendar
days; and
WHEREAS, this Amendment No.4 includes the design, permitting, installation,
testing, start-up and certification of auxiliary power bi-fuel generators for the three (3)
stormwater pumps stations on Palm and Hibiscus Islands in the negotiated lump sum
amount of$1,900,000; and
WHEREAS, the work associated with the design, permitting, installation, testing,
start-up and certification of the three (3) auxiliary power bi-fuel generators is to be
completed within nine (9) months from the issuance of a Notice to Proceed; and
WHEREAS, this Amendment No.4 includes a time extension of three hundred and
thirty-four (334) calendar days increasing the project duration to 1341 calendar days with a
revised Substantial Completion to September 30, 2019 for the scope of work associated with
the design, permitting, installation, testing, start-up and certification of the three (3) auxiliary
power bi-fuel generators; and
WHEREAS, except for the scope of work associated with the design, permitting and
installation of the three (3) auxiliary power bi-fuel generators, the project shall be
substantially completed by May 31, 2019 including the work associated with the new
drainage directive; and
WHEREAS, Amendment No.4 and Change Order No.2 will revise the total contract
in the not-to-exceed amount of$39,400,000.
I
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. 4.
2. MODIFICATIONS
a. The Agreement is amended to incorporate Attachment A-4 (proposal) attached
hereto.
b. In consideration for the additional work set forth in Attachment A-4, the City shall
pay Lanzo Construction the total lump sum amount of $1,900,000.00, in
accordance with the terms and conditions of the Agreement.
c. The work associated with this Amendment No. 4, amends Article 6 — Term and
Schedule, section 6.3, which modifies the substantial completion duration of the
agreement from 1007 calendar days to 1341 calendar days.
d. The amount and time set forth herein are the maximum agreed to by both the
City and Design/Builder for all work associated with this Amendment No. 4.
Design/Builder attests that the Contract adjustment provided herein is
reasonable, and constitutes compensation in full for all costs, claims, markup,
and expenses, direct or indirect, attributable to this Amendment, including but
not limited to compensation in full for any delays, acceleration, or loss of
efficiency encountered by Design/Builder in the performance of the Work
through the date of this Change Order. In consideration of the compensation
and time, if any, in this Amendment No. 4, the Design/Builder hereby releases
the City from all Claims, demands, or causes of action arising out of the
transactions, events and occurrences giving rise to this Amendment No. 4. This
written Amendment No. 4 is the entire agreement between the City and
Design/Builder with respect to this Amendment. No other agreements or
modifications shall apply to this contract amendment unless expressly provided
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. 4.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to
be executed in their names by their duly authorized officials as of the date first set
forth above.
ATTEST: CITY OF MIAM BEACH, FLORIDA
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Attachment:
Attachment A-4
APPRO'IFD AS TO
FORM€ LANGUAGE
&FOR L ECUTION
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City Attorney 4. -P Date