Amendment No. 1 to the Design/Build Agreement with Ric-Man International, Inc. a0 i6—aCIT7s.
Attachment A
AMENDMENT NO. 1
TO THE DESIGN/BUILD SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA,
AND
RIC-MAN INTERNATIONAL, INC.,
DATED
NOVEMBER 25, 2014
FOR THE DESIGN/BUILD SERVICES
FOR NEIGHBORHOOD NO. 8: SUNSET ISLANDS 3 &4 RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
This Amendment No. 1 to the Agreement made and entered this 2ccday ofic+t e``r�� .2016,by
and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the
State of Florida,having its principal offices at 1 700 Convention Center Drive, Miami Beach, Florida
33139(hereinafter referred to as CITY),and RIC-MAN INTERNATIONAL, INC having its offices at
2601 Wiles Road, Pompano Beach, Florida, 33073 (hereinafter referred to as RMI).
RECITALS
WHEREAS, on September 10,2014, the Mayor and City Commission adopted Resolution
No. 2014-28749, pursuant to Request for Proposals No. 2014-051-SR, authorizing the Mayor and
City Clerk to execute an agreement with Ric-Man International, Inc.(RMI), for design-build services
for Neighborhood No.8: Sunset Islands 3&4 Right-of-Way(ROW)Infrastructure Improvements in
the amount of$7,774,967.51 ; and
WHEREAS,on January 5, 2015, Notice to Proceed No. 1 was issued directing RMI to start
the work; and
WHEREAS,RMI was delayed due to additional work resulting from the number of unmarked
utilities that were damaged while excavating, Homeowner's Association (HOA) requested scope
changes and utility undergrounding activities ; and
WHEREAS, RMI submitted change order requests which consisted of additional design,
permitting and construction services associated with the additional work in the total amount of
$339,625; and
WHEREAS,the Design Criteria Package(DCP)identified a roundabout at the intersection of
21 Street and Sunset Drive on Sunset Island 4; and
WHEREAS, subsequently the City performed a traffic study that concluded that a simple
intersection in lieu of the roundabout is feasible; and
WHEREAS, the Sunset Islands 3&4 undergrounding of overhead utilities required Florida
Power&Light(FPL),Atlantic Broadband(ABB)and ATT conduits to be installed in conjunction with
the new water main in the same trench; and
WHEREAS, the ABB and ATT conduits were supplied and installed by RMI alongside the
new water main in the same trench; and
WHEREAS, the electrical system conduits must be supplied by FPL; however, these
conduits were not available for installation in conjunction with the water main construction; and
WHEREAS, FPL requires the City to enter into agreements,make necessary payment and
grant easements to FPL prior to supplying their conduits; and
WHEREAS,the HOA requested the elimination of the type"F"curb and gutter at the edge of
pavement at all intersections and replacement with a valley gutter,which was approved by the DCP;
and
WHEREAS, a number of existing unmarked water and sewer services were damaged and
repaired by RMI during the excavation and installation of the water main; and
WHEREAS, the DCP identified installation of one(1)water meter per property, and certain
properties require two (2)meters, for a total of seventy-seven (77)additional water meters; and
WHEREAS, the HOA requested that the storm water pump station for Sunset Island No.4
be relocated into the Sunset Island Park from the right of way; and
WHEREAS, the pump station installation will require design and permitting services
associated with the removal, relocation and installation of trees, landscaping and new irrigation
system; and
WHEREAS, RMI has provided a credit to the City for utilizing the Sunset Lake Park as a
temporary staging area; and
WHEREAS,the current contract is in the amount of$7,774,967.51 and this Amendment No.
1, in the amount of$339,626, will increase the total contract amount to $8,114,593.51; and
WHEREAS,the amount also includes a non-compensable time extension of forty-three(43)
calendar days increasing the project duration to six hundred and thirteen(613)calendar days with a
revised project substantial completion date of July 11, 2016.
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. 1.
2. MODIFICATIONS
A. The Agreement is amended to incorporate Exhibit A -- Request for Change Orders,
attached hereto.
B. Section 8.01.01 to the Agreement is amended to refer to the new Contract Price,in the
amount of$8,114,593.51.
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C. Section 6.03 to the Agreement is amended to refer to the new Contract Time of six
hundred and thirteen(613)calendar days with the Project substantial completion date of
July 11,2016.
3. RATIFICATION
The City and Design/Build Firm ratify the terms of the Agreement, as amended by this
Amendment No. 1. Design/Build Firm hereby reserves its right to claim for the additional time extension
required to perform the additional work addressed herein and for the delays that have resulted from the
impacts described herein,which time is not included in this Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to b-400
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST: . CITY OF MIAMI BEACH, . O'
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Attachments: Exhibit A—Request For Change Order
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