Amendment No. 6 with Agreement with Lanzo Construction Co. 2016- 2g6L-13
AMENDMENT NO. 6
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 ictday of 317 2019 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(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 executed an Agreement for Design and Pre-
Construction Services (Phase 1) with Lanzo, in the lump sum amount of $599,464 (the
"Agreement"), based on the Design Criteria Package (DCP) included in the original solicitation;
and
WHEREAS, on November 19, 2014, the Mayor and City Commission adopted Resolution
No. 2014-28852 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, 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 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 for 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 17, 2018, the Mayor and City Commission adopted Resolution
No. 2018-30519 authorizing the City Manager to negotiate and execute No. 5 in the amount of
$775,000, plus a $77,500 owner's contingency for additional design, permitting and construction
services associated with new drainage policy; consisting of installation of additional drains and
associated harmonization in private properties with finish floor elevation less than the crown of
the road; and
WHEREAS, this Amendment No. 6 includes a credit in favor of the City in the amount of
$550,000.00 for the removal of a portion of landscaping scope not to be performed by Lanzo
under this Agreement, the portion of landscape work to be descoped is attached hereto as Exhibit
A; and
WHEREAS, this Amendment No. 6 also establishes a General Allowance in the amount
of $500,000 from the previously authorized Project contingency funds outlined on the attached
Exhibit B,which General Allowance shall be allocated towards future unforeseen tasks associated
with the completion of this Project and as further set forth in the Agreement; and
WHEREAS, after the removal of the scope of work in the amount of $550,000 and the
establishment of a $500,000 General Allowance credit, this Amendment No. 6 represents a total
credit in the amount of$50,000 in favor of the City, which revises the total amount of the Contract
to $40,125,000.
NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as part of this Amendment
No. 6.
2. MODIFICATIONS
In consideration of the establishment of a General Allowance fund, Lanzo hereby releases
the City from all claims, demands or causes of action arising from the transactions, events,
or occurrences giving rise to this Amendment No. 6. This written Amendment No. 6 is the
entire agreement between the City and Lanzo with respect to this amendment. No other
agreements or modifications shall apply to this contract amendment unless expressly
provided herein
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION.
The CITY and DESIGN-BUILDER ratify the terms of the Agreement, as amended by this
Amendment No. 6.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 6 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST: � CITY OF IAMI BEA2 , FLORIDA
'aft 91��q
Raf-el E. Gran'-do, City Clerk Jimmy L. ' orale s
City Mane\er
ATTEST: DESIGN/BUILDER:
LANZO CONSTRUCTION CO., FLORIDA.,
INC.
ISO/
Secretary President
70 •rim � ► et 65 CLid
Print Name Print Name
'\••wtA 1 APPROVED AS TO
J.-N.b..; ' , FORM&LANGUAGE
:, �'•) t &F®R EXECUTION
`INCORP ORATED;
I"
h ...........Ch' 2 -
.404 City Attorney d ' D to
-44
11ylgaalaaaaaa��'
Exhibit A
PALM AND HIBISCUS ISLAND ,
LANZO CONSTRUCTION CO.,
AMDNDMENT#6-LANDSCAPING SERVICES SCOPE
ITEM DESCRIPTI BID UNITS PERCENT QUANTITY TOTAL
No. ON OF QTY UNIT COMPLETED COMPLETED REMAINING
WORK PRICE TODATE ($)
Landscaping
Palm Island Landscape-Zone 1 1 LS $ 84,500.00 0.15 12,925.97 71,574.04
Palm Island Landscape-Zone 2 1 LS $ 76,000.00 0.15 11,400.00 64,600.00
Palm Island Landscape-Zone3 1 LS $ 126,700.00 0.47 59,143.56 67,556.44
Palm Island Landscape-Zone 4 1 LS $ 112,000.00 0.20 22,904.00 89,096.00
Palm Island Landscape-Zone 5 1 L5 $ 73,900.00 0.15 11,085.00 62,815.00
Total $ 473,100.00 $ 117,458.53 $ 355,641.48
Hibiscus Island Landscape-Zone 1 1 LS $ 85,700.00 0.26 21,853.50 63,846.50
Hibiscus Island Landscape-Zone 2 1 LS $ 61,700.00 0.25 15,116.50 46,583.50
Hibiscus Island Landscape-Zone 3 1 LS $ 64,700.00 0.24 15,333.90 49,366.10
Hibiscus Island Landscape-Zone 4 1 LS $ 93,300.00 0.18 16,794.00 76,506.00
Hibiscus Island Landscape-Zones 1 LS $ 52,700.00 0.22 11,594.00 41,106.00
Total $ 358,100.00 $ 80,691.90 $ 277,408.10
TOTAL $ 831,200.00 $ 80,691.90 $ 633,049.58
SCOPE REDUCTION PER AMENDMENT#6 $ (550,000.00)
Total Remaing Landscaping Scope $ 83,049.58
Exhibit B
Neighborhood No. 13 - Palm & Hibiscus Islands
Right- of Way Infrastructure Improvement Project
Authorized Owner's
Contract Amount
Contingency Usage
Description
GMP(Amendment#3-RESO 2015-28852) $ 36,500,000.00 $ 2,000,000.00 *
Change Order#1 $ 313,905.06 $ (313,905.06)
Change Order#2 $ 686,094.94 $ (686,094.94)
Change Order#3(Amendment#4-RESO 2018-30444- $ 1,900,000.00 $ 195,121.00 *
Generators) $ (750,000.00)
Change Order#4 (Amendment#5-RESO 2018-30519) $ 775,000.00 $ 77,500.00 *
TOTAL $ 40,175,000.00 $ 522,621.00
-This project was bid a as progressive Design Build project and the Amendments#1 and#2 where associated with
the work during the design phase of the project and therefore not reflected during this construction phase.
*Commission Approved Contingency by Resolution
THIS AMENDMENT #6
Authorized Owner's
Description Contract Amount Contingency Usage
Reducing Landscaping Scope: $ (550,000.00) $ -
Adding Contingency to Contract: $ 500,000.00 $ (500,000.00)
TOTAL $ 40,125,000.00 $ 22,621.00