Amendment No. 1 to the Agreement with RIC-MAN Construction FL, Inc.0201 7 - 0
AMENDMENT NO. 1
TO THE DESIGN/BUILD AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
RIC-MAN CONSTRUCTION FL, INC.
This Amendment No 1 to the Design/Build Agreement dated on or about January 17, 2017, between the
CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (the
"CITY"), and Ric-Man Construction Florida, Inc„ (°Rio-Man" or °Design-Builder"), is made and entered this
9 day of - t)ru , 2018.
RECITALS
WHEREAS, on or about January 17, 2017, the City entered into a Design/Build Agreement with
Ric-Man to design and construct the Stormwater Pump Station on 19th Street between Convention Center
Drive and Meridian Avenue, in the amount of $6,332,380,80; and
WHEREAS, the Public Works Department identified the need to incorporate a permanent emergency
generator to operate the pumps at full capacity for this pump station in the event of a power failure during a
storm event in the neighborhood; and
WHEREAS, on September 25, 2017, the Mayor and City Commission adopted Resolution 2017-
30020, authorizing the City Manager to negotiate and execute an amendment to the Agreement, to
incorporate the emergency generator as part of the Project; and
WHEREAS, Ric-Man was requested to add, as part of its Design/Build services, the design, purchase,
and installation of a permanent emergency generator and to be placed at the southwest quadrant of the City's
Botanioal Garden; and
WHEREAS, the Executive Director of the Botanical Garden is in agreement with the proposed location
of the generator; and
WHEREAS, Ric-Man has submitted a proposal to perform the aforementioned Generator work for
the amount of $630,013,00, and the Public Works Engineering Department and Capital Improvements
Departments have found this proposal (within the not-to-exceed amount approved by the City Commission
in Resolution No. 2017-30020) to be fair and reasonable; and
WHEREAS, this Amendment No. 1 will revise the total contract sum to a not-to-exceed total of
$6,962,402.80,
h1OLII:jgagEOEL.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-1 (proposal) attached hereto.
b. In consideration for the additional work set forth in Exhibit "A-1," the City shall pay Ric-Man the
total not-to-exceed amount of $630,013, in accordance with the terms and conditions of the
Agreement.
c. The work associated with this Amendment No. 1 shall not include any extension in the Contract
Time, as set forth in the Design/Build Agreement The Contract Time remains unchanged.
d. The amount and time set forth herein are the maximum agreed to by both the City and Design-Builder
for all work associated with this Amendment No. 1. Deslgn-BuHder attests that the Contract adjustment
provided herein is reasonable, and constitutes compensation in fuJi 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 Workthrough the date of thls Change Order. in conslderation of the compensation
and time, if any, in this Amendment No. 1, the Design-Buiider hereby releases the City from all Claims,
deDlaDds, or causes of action arising out of the tsansact|Ons, events and occurrences giving rise to
this Amendment No. 1. This written Amendment No. 1 is the entire agreement between the City and
DesignBuiider with respect to this Amendment. No other agreements or modifications shall apply to
this contract amendment uniess expressiy provided herein.
3. OTHER PROVISIONS
All other provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION
The City and Consultant ratify the terms of the Agreement, as amended by this
Amendment No, 1.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No, 1 to be executed
in their names by their duly authorized officials as of the date first set fort above.
ATTEST:
Rafael E. Granado,
City Clerk
ATTEST:
� !zger
Moro|�
N UILDER:
:MAN CONSTRUCTION FLORIDA, INC.
Secretary
(Th-t1 a w / L////
Print Name
Attachment: Exhibit A-1
Print Name
APPROVED AS TO
ECUTION
City Attorney Q^o ate
GENERAL PURPOSE RIDER
To be attached to and form part of Bond Number 929643080 effective January 2, 2017
issued by the Western Surety Company
in the amount of Six Million Three Hundred Thirty Two Thousand Three Hundred Eighty Nine & 80/10 DOLLARS,
on behalf of Ric -Man Construction Florida, Inc
as Principal and in favor of City of Miami Beach, Florida
as Obligee:
Now, Therefore, it is agreed that:
Per Amendment No. 1, the bond amount is increased from:
$6,332,389,80 (Six Million Three Hundred Thirty Two Thousand Three Hundred Eighty Nine & 80/100)
to:
$6,962,402.80 (Six Million Nine Hundred Sixty Two Thousand Four Hundred Two and 80/100).
It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged.
This rider is to be effective the 26th day of
Signed, sealed and dated this 26th day of
Ric -Man Construction Florida, Inc
By:
(Principal)
Accepted By:
Daniel MouThcir'
Form F5340
January 2018
January
2018
Western Surety Compan
B
Brian Pilarsk
(Surety)
Attorney-in-Fact
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Daniel L West, Brian M Pilarski, Patrick E Kennedy, Individually
of Sterling Heights, MI, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to he signed by its Vice President and its corporate seal to he
hereto affixed on this 15th day of August, 2017,
State of South Dakota
County of Minnehaha
On this 15th day of August, 2017, before me personally came Paul T. Brutlat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to he the act and deed, of said eorporation,
SS
WESTERN SURETY COMPANY
utl T. Bruflat, Vice President
My commission expires
June 23, 2021
CERTIFICATE
J. Mohr, Notary Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this (02(0411 day of
Form h4280 -7 -2012
WESTERN SURETY COMPANY
L. Nelson, Assistant Secretary
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation, The signature of any such officer and the corporate seal may be printed by facsimile,