Loading...
Resolution 2019-30984 RESOLUTION NO. 2019-30984 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 7 TO THE DESIGN-BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND LANZO CONSTRUCTION CO., FLORIDA, FOR DESIGN-BUILD SERVICES FOR NEIGHBORHOOD NO. 13: PALM AND HIBISCUS ISLANDS RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS, TO INCLUDE ADDITIONAL DESIGN SERVICES AND CONSTRUCTION TO ADDRESS THE CITY'S DRAINAGE POLICY PURSUANT TO RESOLUTION NO. 2019-30863, INSTALL ADDITIONAL DRAINS AT PRIVATE PROPERTIES, AND PROVIDE ASSOCIATED HARMONIZATION, IN THE AMOUNT OF $840,000, PLUS AN OWNER'S CONTINGENCY IN THE AMOUNT OF $84,000, FOR THE TOTAL NOT-TO-EXCEED AMOUNT OF $924,000, WHICH AMENDMENT SHALL BE SUBJECT TO THE MAYOR AND CITY COMMISSION'S APPROVAL OF THE FISCAL YEAR 2020 CAPITAL BUDGET PERTAINING TO THIS PROJECT. WHEREAS, on July 17, 2013, the Mayor and City Commission authorized the City to enter into 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 of 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 (DCP) 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, for additional design services associated with the adopted enhanced stormwater criteria, for a total contract amount of$850,480; 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, and changes in the criteria from the City's Fire and Public Works Departments 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 $2,000,000 City contingency for Phase 2 - Construction Services; and WHEREAS, on July 21, 2016, Change Order No.1 in the amount of $313,905.06 was executed by the Administration, 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, as set forth in 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, and the property owners shall be required to execute a license agreement with the City allowing access to their property for the installation of the drain, harmonization, and any other required work ; 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 a $195,121 City contingency, for the design, permitting and installation of auxiliary power generators for the three (3) stormwater pump stations on Palm and Hibiscus Islands, which resulted in the negotiated Amendment No: 4, in the amount of $1,900,000, plus a $195,121 City contingency; and WHEREAS, the Administration negotiated and processed Change Order.No. 2, funded through the contract's contingency, in the amount of $686,094.94, for 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 WHEREAS, on October 17, 2018, the Mayor and City Commission adopted Resolution No. 2018-30519, authorizing the City Manager to negotiate and execute Amendment No. 5 in the amount of $775,000, plus a $77,500 owner's contingency, for additional design, permitting and construction services associated with the new drainage policy, consisting of the installation of additional drains and associated harmonization in private properties with finish floor elevation less than the crown of the road; and WHEREAS, on January 8, 2019, the Mayor and City Commission adopted Resolution No. 2019-30863, expanding the scope of the stormwater management policy, pursuant to Resolution No. 2017-29840, by committing to the design and implementation of a stormwater system with sufficient techniques to reduce the risk of flooding to both public and private property caused by stormwater runoff in the City, and 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 with the City's municipal stormwater system; and Whereas, on April 9, 2019, as a result of the Commission's directive pursuant to Resolution No. 2019-30863, the Public Works Department directed the implementation of the new drainage policy, which set the new or expanded criteria, including the retention or treatment of the first 1-1/2" of rainfall, prior to entering the drainage system, and expanded the eligibility requirements, which directive resulted in an increase in the number of eligible private properties and augmented the requirements for collection and treatment of stormwater on private properties included in Amendment No. 5; and WHEREAS, on July 19, 2019, Amendment No. 6 to the Agreement was executed by the Administration, which provided a credit to the City in the amount of$550,000, for the removal of a portion of the landscaping scope no longer to be performed by. Lanza under the agreement, and established a General Allowance in the amount of$500,000 from the previously authorized Project contingency to be allocated toward future unforeseen tasks for completion of the Project, with Amendment No. 6 representing a total credit in the amount of $50,000 in favor or the City, after removal of the scope of work and creation of the new General Allowance; and WHEREAS, pursuant to the additional scope required for the implementation of the new drainage directive pursuant to Resolution No. 2019-30863, Lanzo submitted a proposal in the not to exceed amount of $840,000 plus $84,000 City contingency for the design, permitting, construction and harmonization of additional private storm drain connections, inclusive of additional work on the previously approved properties, for a total of approximately 95 properties, and this Amendment No. 7 will revise the total amount of the Contract to $40,965,000; and WHEREAS, the cost proposal submitted by Lanzo was reviewed by the Administration and deemed to be fair and reasonable; and WHEREAS, this Amendment No. 7 shall be subject to and conditioned upon Mayor and City Commission's approval of the Fiscal Year 2020 Capital Budget pertaining to this Project. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and City Commission hereby approves and authorizes the Mayor and City Clerk to execute Amendment No. 7 to the Design- Build agreement between the City of Miami Beach, Florida, and Lanzo Construction Co., Florida, for design-build services for Neighborhood No. 13: Palm and Hibiscus Islands Right-of-Way Infrastructure Improvements, to include additional design services and construction to address the City's drainage policy pursuant to Resolution No. 2019-30863, drains at private properties, and associated harmonization, in the amount of $840,000, plus an owner's contingency in the amount of $84,000, for the total not-to-exceed amount of $924,000, which amendment shall be subject to the Mayor and City Commission's approval of the Fiscal Year 2020 Capital Budget pertaining to this project. O PASSED and ADOPTED this 1" day of s-P/ h?6Pl , 2019. , 4 .V7--L—b ,ft•eve,.....„ Dan Gelb r, Mayor ATTEST: 91 N.1VA APPROVED AS TO Rafa I E. Granada, City Clerk FORM & LANGUAGE & FOR XECUTION q � � I /,• " ., (`��4� City Attorney Date i • - �,0 i i *E 11011,10111 t: INCORP ORATED' `,` / c7,. Resolutions - R7 0 MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 11, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO, 7 TO THE DESIGN-BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND LANZO CONSTRUCTION CO., FLORIDA, FOR DESIGN- BUILD SERVICES FOR NEIGHBORHOOD NO. 13: PALM AND HIBISCUS ISLANDS RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS, TO INCLUDE ADDITIONAL DESIGN SERVICES AND CONSTRUCTION TO ADDRESS THE CITY'S DRAINAGE POLICY PURSUANT TO RESOLUTION NO. 2019-30863, INSTALL ADDITIONAL DRAINS AT PRIVATE PROPERTIES, AND PROVIDE ASSOCIATED HARMONIZATION, IN THE AMOUNT OF $840,000, PLUS AN OWNER'S CONTINGENCY IN THE AMOUNT OF $84,000, FOR THE TOTAL NOT-TO-EXCEED AMOUNT OF $924,000, WHICH AMENDMENT SHALL BE SUBJECT TO THE MAYOR AND CITY COMMISSION'S APPROVAL OF THE FISCAL YEAR 2020 CAPITAL BUDGET PERTAINING TO THIS PROJECT. ANALYSIS On July 17, 2013, the Mayor and City Commission approved 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. 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. The City's Public Works Department(PWD) has requested that staff implement the enhanced stormwater system criteria. 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. Page 1646 of 2228 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 stormwater criteria, bringing the total contract amount to$850,480. 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 and 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. On December 9, 2015, the Mayor and City Commission adopted Resolution No. 2015-29643 approving Amendment No.3 for Phase 2 -construction services for the Palm and Hibiscus Islands Right of Way Infrastructure Improvement Project in the Guaranteed Maximum Price (GMP)of$36,500,000, plus a$2 million owner's contingency. 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. 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 qualifying private property owners to connect to the City's municipal stormwater system. 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. 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. The property owners must execute a license agreement with the City allowing access to their property for the installation of the drain, harmonization and any other required work. 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 a $195,121 owner's contingency for the Design, Permitting and Installation of Auxiliary Power Generators for the three (3)Stormwater Pumps Stations on Palm and Hibiscus Islands. Staff negotiated Amendment No.4 in the amount of$1,900,000. The Administration negotiated and processed Change Order No. 2 in the amount of $686,094.94 for miscellaneous work and credits for eliminated scope of work. 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 Page '1647 of 2228 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. On January 8, 2019, the Mayor and City Commission adopted Resolution No. 2019-30863, expanding the scope of the stormwater management policy, as contained in Resolution No. 2017-29840, by committing to the design and implementation of a stormwater system with sufficient techniques to reduce the risk of flooding to both public and private property caused by stormwater runoff in the City and 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 qualifying private property owners with the City's municipal stormwater system. On April 9, 2019, as a result of the Commission's directive (Resolution No. 2019-30863), the Public Works Department directed the implementation of the new drainage policy, which set new or expanded criteria, including the retention or treatment of the first 1-1/2" of rainfall, prior to entering the drainage system, and expanded the eligibility requirements. This new policy effectively increased the number of eligible private properties and augmented the requirements for collection and treatment of stormwater on privateproperties included in Amendment No. 5. On July 19, 2019, Amendment No. 6 to the Agreement was administratively executed. This amendment provided a credit in the amount of $550,000 for the removal of a portion of the landscaping scope not to be performed by Lanio under this agreement and established a General Allowance in the amount of $500,000 from the previously authorized project contingency to be allocated toward future unforeseen tasks for completion of the project. After removal of the scope of work and creation of the new General Allowance, Amendment No. 6 represents a total credit in the amount of$50,000, in favor or the City. Pursuant to the required scope for the implementation of the new drainage policy dated April 9, 2019, increasing the number of private drain connections and augmented the treatment requirements for previously approved properties,the Design-Builder submitted a proposal in the not to exceed amount of$840,000 plus $84,000 owner's contingency for the design, permitting, construction and harmonization of additional private storm drain connections, inclusive of additional work on the previously approved properties, for a total of approximately 95 properties. City staff has evaluated the cost proposal and negotiated the price. This Amendment No. 7 (Attachment A), will increase the total contract amount to$40,965,000. CONCLUSION The Administration recommends approval of the resolution. Amount 1 924,000 Account 1 Subject to approval of FY20 Capital Budget Legislative Tracking Capital improvement Projects ATTACHMENTS: • Description Resolution 1 . Page 1648 of 2228 n Attachment A-Amendment 7 Page 1649 of 2228 AMENDMENT NO. 7 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 day of 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; 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 Page 1653 of 2228 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 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, once the property owners execute a license agreement with the City allowing access to their property for the installation of the drain, harmonization and any other required work; 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 a $195,121 owner's contingency for the Design, Permitting and Installation of Auxiliary Power Generators for the three (3)Stormwater Pumps Stations on Palm and Hibiscus Islands which resulted into the negotiated Amendment No. 4 in the amount of$1,900,000 plus a $1'95,121 owner's contingency; and. WHEREAS,the Administration negotiated and processed Change Order No. 2 in the amount of$686,094.94 for 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 was funded through the contract's current contingency; and WHEREAS, on October 17, 2018, the Mayor and City Commission adopted Resolution No. 2018-30519 authorizing the City Manager to negotiate and execute Amendment 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, on January 8, 2019, the Mayor and City Commission adopted Resolution No. 2019-30863, expanding the scope of stormwater management policy, as contained in the Resolution No. 2017-29840, by committing to the design and implementation of a stormwater system with sufficient techniques to reduce the risk of flooding(to both public and private property caused by stormwater runoff in the City and 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 with the City's municipal stormwater system; and Whereas, on April 2019, as a result of the Commission's directive (Resolution No. Page 1654 of 2228 2019-30863), the Public Works Department directed the implementation of the new drainage policy, which set the new or expanded criteria; including the retention or treatment of the first 1-1/2" of rainfall, prior to entering the drainage system, and expanded the eligibility requirements. This new policy effectively increased the number of eligible private properties and augmented the requirements for collection and treatment of stormwater on private properties included in Amendment No. 5; and WHEREAS, this new policy effectively increased the number of eligible private properties and augmented the requirements for collection and treatment of stormwater on private properties included in Amendment No. 5; and WHEREAS, on July 19, 2019, Amendment No. 6 to the Agreement was administratively executed which provided a credit in the amount of $550,000 for the removal of a portion of the landscaping scope not to be performed by Lanzo under this agreement, established a General Allowance in the amount of $500,000 from the previously authorized project contingency to be allocated toward future unforeseen tasks for completion of the project; and WHEREAS, after removal of the scope of work and creation of the new General Allowance; Amendment No. 6 representing a total credit in the amount of$50,000, in favor or the City; and WHEREAS, Pursuant to the required scope for the implementation of the new drainage policy dated April 9,2019, increasing the number of private drain connections and augmented the treatment requirements for previously approved properties, the Design-Builder submitted a in the not to exceed amount of $840,000 plus $84,000 owner's contingency for the design, permitting, construction and harmonization of additional private storm drain connections, inclusive of additional work on the previously approved properties, for a total of approximately 95 properties; and WHEREAS, this Amendment No. 7 will revise the total amount of the Contract to $40,965,000 (Attachment A); and 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. 7. 2. MODIFICATIONS a. The Agreement is amended to incorporate Attachment A-7 (proposal) attached hereto. b. In consideration for the additional work set forth in Attachment A-7, the City shall pay Lanzo Construction a not to exceed amount of $840,000 for the implementation of the new drainage policy design, permitting, construction and harmonization of additional private storm drain connections, inclusive of additional work on the previously approved properties, for a total of approximately 95 properties, in accordance with the terms and conditions of the Agreement. Page 1655 of 2228 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. 7. 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. 7, 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. 7. This written Amendment No. 7 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. 7. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.7 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH, FLORIDA Rafael E. Granado, City Clerk Dan Gelber Mayor ATTEST: DESIGN/BUILDER: LANZO CONSTRUCTION CO., FLORIDA., INC. Secretary President Print Name Print Name Page 1656 of 2228 Attachment A 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 * Change Order#5(Amendment#6) $ (50,000.00) $ (500,000.00) TOTAL $ 40,125,000.00 $ 22,621.00 -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 #7 Authorized Owner's Description Contract Amount Contingency Usage Implementation of new drainage policy dated April,2019 $ 840,000.00 $ 84,000.00 TOTAL $ 40,965,000.00 $ 106,621.00 Page 1657 of 2228 Attachment A-7 ITILANZO COMPANIES Building and restoring sustainable Infrastructure to support the reeds of our communities August 26,2019 David Gomez Capital Improvements Projects 1701 Meridian Ave,Ste. 300 Miami Beach, FL 33139 RE: Palm& Hibiscus Islands, Neighborhood 13 F-430,New Drainage Directive Agreement Proposal to perform Design/Build services in 95 properties Dear Mr.Gomez, ' The purpose of this letter is to present the Design,Construction proposal to implement the New Drainage Directive on Palm and Hibiscus Island. Based on the request from City of Miami Beach Commission to install a collection point inside private properties which qualify and new DERM requirements received on July II,2019. It is our intention to provide this service per our breakdown below; There are approximately l0$properties which qualify under the new Drainage Directive,of which we are estimating 95 will require connections; connections to these properties are subject to EOR's recommendation and City Engineer final decision on connection necessity. • The negotiated cost per property for design services, including meetings and permitting, construction, harmonization,close-out and as-builts is$17,000.00,for 95 properties, broken down as follows; • DESIGN $5,000.00 to be paid at package submittal to CMB CIP. • ACCEPTANCE/REFUSAL $2,500.00 to be paid when resident decision is received, regardless of decision outcome. r • CONSTRUCTION $9,500.00 to be paid at completion of construction,per attachment"A". This work will include a five(5)percent retainage,which will be released once the construction permit is closed out. Please refer to the detail scope of services breakdown on attachment"A". In the event of further Directive or"Material Change"governing scope of work by the owner or municipalities involved, Lanzo reserves the right to review,approve,and/or reject the application of costs presented within this proposal. At present,we intend to perform all services on the project including Design,Meeting,Presentation of packages for signature,Construction and Permit Closure at: Total Cost"NOT TO EXCEED" $1,615,000.00 with a retainage of 5%,less previously approved $775,000.00 for a total amendment of$840,000.00 This barring scope modifications in harmonization beyond the use of common construction materials such as: Cement Block,Soil,Sand,Cement,Concrete Flatwork and Sod Should you have any questions,comments,and/or concerns,please,do not hesitate to contact us. Respectfully, LANZO CONSTRUCTION CO., FL Fred Tingberg Jr. Chief Operating Officer Page 1658 of 2228 Palm and Hibiscus Island Lanzo Cost Breakdown 8/26/2019 Swale Driveway 12"PVC 12"SDR 35 Replacement Flex Storm Restoration Restoration YD(ea) Pipe(If) of PVC YD(ea) Inlet Filter (sy) (sy) $1,338.40 $109.69 $1,337.60 $465.00 $15.39 $84.06 Per Property QTY 2 50 1 1 65 15 Per Property Cost $2,676.81 $5,484.60 $1,337.60 $465.00 $1,000.29 $1,260.93 Contract Price Per Property Construction $12,225.22 Contract Price Per Property Design $6,383.32 Contract Total Per Prop $18,608.54 Desing/Const Negotiated Price Per Property $17,000.00 Cost of work based on 95 properties $1,615,000.00 Previous Approved Drainage Work(not yet implemented) $775,000.00 Total CO (this ammendment) $840,000.00 (Based on 95 Prop) Notes: -Driveway restoration limited to Cement,Concrete Flatwork and reinstallation of existing pavers. -Cost includes two(2)field meetings with EOR per property. Page 1659 of 2228