Amendment No. 8 to the Agreement with Lanzo Construction CO., Florida AMENDMENT NO. 5
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 ZJ day of Jk�4 , 2014 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 Mayor and 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 Mayor and City Commission approved the
recommendation by the Mayor's Blue Ribbon Panel on Flooding and Sea Level 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 (DCi'5'included in the original solicitation; and
WHEREAS, on November 19, 2014, the Mayor and 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;
and
WHEREAS, on October 14, 2015, the Mayor and 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 Mayor and City Commission adopted Resolution
No. 2015-29643, 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 April 26, 2017, the Mayor and City Commission adopted Resolution No.
2017-29840, reaffirming a commitment to the design and implementation of a stormwater
system with sufficient capacity to handle both public and private stormwater runoff into the City's
system and directed the administration to develop a policy and engineering solution for private
property owners to connect to the City's municipal stormwater system; and
WHEREAS, as a result of the Commission's directive (Resolution No. 2017-29840) and
in order to accommodate the new elevated roads in the Palm and Hibiscus neighborhood, on
April 4, 2018, the Public Works Department directed the implementation of a new drainage
policy for this project; and
WHEREAS, the new drainage policy requires that any property with a Finish Floor
Elevation (FFE) at or below the new crown of the road may receive a yard drain/catch basin
inside the private property and associated harmonization contingent upon the execution of
a license agreement by the property owners, allowing access to their property for the
installation of the drain, harmonization and any other required work; 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, on July 25, 2018, the Mayor and City Commission adopted Resolution
No. 2018-30444 authorizing the City Manager to negotiate and execute Amendment No.4
in the 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, Amendment No.4 was issued in the negotiated amount of $1,900,000 for
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; and
WHEREAS, Amendment No.5 addressed the Commission's directive (Resolution No.
2017-29840) and implements the new drainage policy; and
WHEREAS, this Amendment No. 5 will include additional design, permitting and
construction services, including installation of a yard drain and connection to the City's
drainage system; and
WHEREAS, this work includes harmonization and restoration within the private
property to its original or better condition; and
WHEREAS, the Design-Builder team has submitted a proposal in the not to exceed
amount of$775,000, which includes, an amount of$675,000 for the implementation of the new
drainage policy (including Cost of the Work, General Conditions Costs;General Allowance, and
Design-Builder's Fee), and a Specific Allowance in the amount of $100,000 for certain required
tasks, which level of effort is unknown, and approval of a 10% owner's contingency in the
amount of$77,500; and
WHEREAS, this Amendment No. 5, in the amount of $775,000, plus a $77,500
owner's contingency, will increase the total contract price to the not to exceed amount
of$40,175,000; and
WHEREAS, on October 17, 2018, the Mayor and City Commission approved the
execution of Amendment No. 5 for additional design services and construction associated
with new drainage policy; for installation of additional drains and associated harmonization in
private properties with finish floor elevation less than the crown of the road elevation, subject
to FY 18/19 Capital Budget Amendment scheduled for November 14, 2018; and
WHEREAS, on November 14, 2018, the Mayor and City Commission approved the
FY18/19 first Capital Budget Amendment, which included additional funding required for the
Palm and Hibiscus Islands Right-Of-Way Infrastructure Improvement Project.
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. 5.
2. MODIFICATIONS
a. The Agreement is amended to incorporate Attachment A-5 (proposal) attached
hereto.
b. In consideration for the additional work set forth in Attachment A-5, the City shall
pay Lanzo Construction an amount of $675,000 for the implementation of the new
drainage policy (including Cost of the Work, General Conditions Costs, General
Allowance, and Design-Builder's Fee), and a Specific Allowance in the amount of
$100,000 for certain required tasks, which level of effort is unknown, in accordance
with the terms and conditions of the Agreement.
c. The amount set forth herein is the maximum agreed to by both the City and
Design/Builder for all work associated with this Amendment No. 5. 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. 5, the Design/Builder
;hereby rel'easesthe. 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 Nb. 5 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. OTHERPROVISIONS..
All Aother provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION..
TheCITY and DESIGN-BUILDER ratify the terms of the Agreement, as amended by this
Amendment'No:5.
IN WITNESS WHEREOF the parties:hereto have caused this Amendment: No; 5 to be
executed in their names by their duly authorized officials as of the date first set forth
above..
ATT CITY OF MIAMI BEACH, FLORIDA
Aye . I► Z(i(�
Re I E.'Gr nado, City Cler 41044111Alw--4
Dan Gelber
Mayor
ATTEST: DESIGN/BUILDER:
LANZO CONSTRUCTION LORIDA.,
IN
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