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Amendment No. 2 to the Design/Build Services Agreement with RIC-MAN INTERNATIONAL, Inc. Attachment A AMENDMENT NO. 2 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. 2 to the Agreement made and entered this day of 441S4--- 2016, by and between the CITY OF MIAMI BEACH, a municipal corporation existing uthe laws of the State of Florida, having its principal offices at 1700 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, on June 8, 2015, Notice to Proceed No. 2 was issued directing RMI to commence construction and the overall project is approximately forty(40) percent complete; and WHEREAS,on January 13, 2016, the Mayor and Commission adopted Resolution No.2016- 29275, authorizing the Mayor and City Clerk to execute Amendment No. 1 to the Design Build Services Agreement between the City of Miami Beach and Ric-Man International for a total amount of $339,625 with a time extension of forty three (43) calendar days; and WHEREAS, the Homeowner's Association (HOA) has requested changes to the project scope;which consist of elimination of the sidewalks, raising the roads 6-inches,widening the roads to 20 feet to accommodate two way traffic; and WHEREAS, these changes will result in changes to the design, permitting and construction, including modification to the installed infrastructure as well as installation of additional infrastructure; and WHEREAS,this change order includes elimination of the water main on the bridge in between Sunset Island 3 & 4, elimination of sidewalks in the project and the related credit; 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 $3,400,000.00; and WHEREAS, on May 18, 2016, the Mayor and Commission adopted Resolution No. 2016- 29414, authorizing the Mayor and City Clerk to execute Amendment No. 2 to the Design Build Services Agreement between the City of Miami Beach and Ric-Man International in the not to exceed amount of $2,800,000.00 with a time extension of one hundred and seventy-three (173) calendar days, and WHEREAS, the current contract is in the amount of $8,114,593.51, and this negotiated Amendment No. 2, in the lump sum amount of$2,796,000.49 will increase the total Contract amount to $10,910,593.00; and WHEREAS, this Amendment No. 2 includes a time extension of one hundred and seventy- three(173)calendar days increasing the project duration to 786 Calendar days with a revised project Substantial Completion date of December 31, 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. 2. 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$10,910,593.00 C. Section 6.03 to the Agreement is amended to refer to the new Contract Time of calendar days with the Project Substantial Completion date of December 31, 2016. 3. RATIFICATION The City and Design/Build Firm ratify the terms of the Agreement, as amended by this Amendment No. 2. 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH, FLO" "A //, , /wc.vST )1, 2—CI )/to / / City C erk vo"",,,,,A ayor V�N1 B. ',I.f AT -- ��= E GIJ%BUI 5 " M: - * INCORP•OR/�14,C-RA!°i:'I 1 TERN• ION ' , INC. t CLfi- MAI...■Allabx-S 7�• ' 4 ' , / Secretary f ':',7‘' rC ti 26-'P),,,, , "' P141 U/ j/tAlkdWC./(1 / /(-1 'Z C;_ci 7(6 Print Name Print Name Attachments: Exhibit A-Request For Change Order APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION - .•/.41,4 d; # /c ty Attorney orte 3