Amendment No. 7 to the Agreement with Lanzo Construction CO., Florida 010 q 3o5"Sy
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 2 q day of 51 'P 1 , 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 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; 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, 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
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, 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 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 in the negotiated Amendment
No. 4, in the amount of$1,900,000, plus a $195,121 owner's 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 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,
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. ; 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, 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; 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 additional scope required for the implementation of the new
drainage directive pursuant to Resolution No. 2019-30863, 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; 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.
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.
d. This Amendment No. 7 shall be subject to and conditioned upon the City of Miami
Beach Mayor and City Commission's approval of the Fiscal Year 2020 Capital Budget
pertaining to this Project.
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
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Rafael E. Granado, City Cl- ? \\1\-\� B.. j�T�,Dan Gelber
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ATTEST: = 70' +IGNIB UILDER:
IN ORP ORAi'`D: L,' ZO CONSTR CO. RIDA.,
Secretary 'h4•/90'...--- A-,, �' - -- --• V:c c. rp c•s i 4-
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Print Name Print Name APPROVED AS TO
FORM & LANGUAGE
& F R E UTION
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City Attorney Date
Attachment A
Neighborhood No. 13- Palm & Hibiscus Islands
Right-of Way Infrastructure Improvement Project
Contract Amount
Authorized Owner's
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
Attachment A-7
jLANZD
COMPANIES
Building and restoring sustainable infrastructure
to support the needs 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 11,2019. It is our intention to provide this service per our breakdown below;
There are approximately 108 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.
• 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
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.