Amendment No. 5 to the agreement between City of Miami Beach and Ribbeck Engineering, Inc. AMENDMENT No. 5
TO THE PROFESSIONAL
ENGINEERING SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
RIBBECK ENGINEERING, INC.
DATED July 26, 2016
FOR THE PROVISION OF ADDITIONAL ENGINEERING SERVICES FOR
THE INDIAN CREEK DRIVE/STATE ROAD (SR) A1A, 26 STREET TO
41 STREET- FLOOD MITIGATION PROJECT IN THE AMOUNT OF
$350,270.73
This Amendment No. 5 to the Agreement is made and entered this day of
2020, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under
the laws of the State of Florida (the"City"), having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139, and Ribbeck Engineering Inc., a Florida
Corporation having its principal office at 14335 SW 120 St. #205, Miami, Florida 33146 (the
"Consultant").
RECITALS
WHEREAS, On March 9, 2016, the Mayor and City Commission adopted Resolution
2016-29332 approving a Department Funded Agreement(DFA)between the City and the Florida
Department of Transportation (FDOT) for the cost sharing of a construction project on Indian
Creek Drive from 26th to 41st Streets; and
WHEREAS, On June 8,2016,the Mayor and City Commission adopted Resolution 2016-
29456, approving the award of a professional services agreement to Ribbeck Engineering, Inc.,
in the total amount of$407,851, to develop the Design Criteria Package (DCP)and conceptual
plans for approximately 0.85 miles of Indian Creek Drive; and
WHEREAS, the "Interim" Phase construction for the underground drainage component,
including drainage pipes ranging in size up to 72 inches in diameter, drainage structures, 24-inch
diameter storm drainage pipes along the side streets, the pump station structure and roadway
drainage system is now substantially completed; and
WHEREAS, on April 26, 2017,the Mayor and City Commission adopted Resolution 2017-
29839, authorizing the negotiation of Amendment No. 1 to the Professional Services Agreement
with Ribbeck Engineering, Inc., in the amount of$863,171.92 plus a $86,317.19 contingency, for
a total amount of$949,489.11, to prepare a set of"Interim" construction plans from 25th to 26th
Streets, and 26th to 41st Streets, including side streets along the entire project limits; and
WHEREAS, on October 18, 2017, the Mayor and City Commission adopted Resolution
2017-30070, authorizing the negotiation of Amendment No. 2 to the Professional Services
Agreement with Ribbeck Engineering, Inc., in the amount of$1,056,347.77, plus a $158,452.17
owner's contingency of fifteen percent (15%), for a total amount of$1,214,799.94, to complete
the "Ultimate" Phase final signed and sealed construction plans for the entire project limits; and
WHEREAS, On October 30, 2018, the Mayor and City Commission adopted Resolution
2018-30547, authorizing Amendment No.3 to the Professional Services Agreement with Ribbeck
Engineering, Inc., in the amount of$308,364.46, plus a ten percent(10%)owners contingency in
r r y .
the amount of$30,836.05, for a total of$339,196.50; and
WHEREAS, on July 31, 2019, pursuant to ITB No. 2019-231-KB, the City awarded a
contract to Ric-Man Construction Florida in an amount not to exceed $13,636,984, for the Indian
Creek Phase III Improvements from 25th to 41st Street(the Project); and
WHEREAS,on September 11, 2019,the Mayor and City Commission adopted Resolution
2019-30943, authorizing Amendment No.4 to the Professional Services Agreement with Ribbeck
Engineering, Inc., in the amount of$383,670.00; and
WHEREAS, the City is currently in the construction phase of the project, and additional
services are required; and
WHEREAS, on June 6, 2020, Ribbeck Engineering Inc. submitted a cost proposal for
Amendment No. 5 to the Agreement in the amount of $350,270.73, to provide additional
engineering services for the Project during construction; and
WHEREAS, community representatives have objected to the visibility of the generator at
the proposed location and requested that alternative locations be evaluated, after various
meetings with the community, the City parking lot at 2660 Collins Avenue, P-55 has been
identified as the new proposed location; and
WHEREAS, the relocation of the generator from just north of 29 Street to the alternate
location requires additional geotechnical borings and modifications to the roadway plans,
drainage plans, electrical plans and structural plans; and
WHEREAS, a separate Commission item for the approval of the generator alternate
location is being presented at the June 24, 2020 Commission meeting.
WHEREAS, due to changes in the roadway conditions, additional pavement cores along
Collins Avenue are required to revise pavement design to meet FDOT Standards; and
WHEREAS, due to the complexity of this project, the number of meetings required with
the Community, utility owners, regulatory agencies and the project team has far exceeded the
anticipated contractual requirements; and
WHEREAS, at the request of the Public Works Department, revisions to the seawall plans
were done to satisfy the various regulatory agency comments such as Army Corps of Engineers
and the South Florida Water Management District; and
WHEREAS, the design and construction of the Indian Creek roadway was hinged on the
completion of the seawall project along the waterway which is currently in the permitting phase
and additional design is required to provide necessary structural support for the bus bays; and
WHEREAS, this amendment No 5 in the amount of $350,270.73, including a 20%
allowance for unforeseen tasks during construction, has been reviewed by staff and was found to
be fair and reasonable; and
WHEREAS, this Amendment No. 5, will bring the total contract amount to $3,645,277.28.
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 a part of this
Amendment No.5.
2. MODIFICATIONS
(a) The Agreement is amended, as provided herein and in Schedule "A" attached
hereto.
(b) In consideration for the services to be performed under this Amendment.No. 5, City shall
pay Consultant the not-to-exceed amount of$350,270.73, as provided in schedule "A",
attached hereto.
(c) This amendment shall be contingent upon the City's approval of the fifth amendment to
the Capital Budget for FY 19/20 appropriating funding for this Project and Amendment.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged and shall remain in
full force and effect.
4. RATIFICATION.
The City and Consultant ratify the terms of the Agreement, as amended by this
Amendment No. 5.
' IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
afae ranadoDan Gelber
-Ci y Clerk 0'7/€3.$/2_0 Mayor
ATTEST: CONSULTANT:
RIBBECK ENGINEERING,INC.
Carlos RibbeckDigitallysignedbyCarlosRibbeck
Date:2020.07.01 09:56:10-04'00'
Secretary Principal
Carlos Ribbeck, P.E.
Print Name Print Name
APPROVED AS TO
FORM&LANGUAGE
&FO Ex CUTION
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City Attorney Date