Amendment No. 2 to the Agreement with Ric-Man Construction, Inc. in the amount of $387,12402o a- - 3 420
AMENDMENT NO. 2 TO THE DESIGN /BUILD AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
RIC -MAN CONSTRUCTION, INC.
IN AN AMOUNT NOT -TO- EXCEED
$387,124.00
FOR THE DESIGN AND CONSTRUCTION OF AN EXTENSION OF THE
BOTANICAL GARDEN ALONG THE COLLINS CANAL, AS PART OF THE
STORMWATER PUMP STATION ON 19TH STREET BETWEEN CONVENTION
CENTER DRIVE AND MERIDIAN AVENUE PROJECT
This Amendment No. 2 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 Constructions Inc., (`Ric -Man" or "Design -
Builder"), is made and entered this 3 day of /4-4-Q,} . , 2018.
RECITALS
WHEREAS, on January 17, 2017, the City entered into a Design /Build Agreement with
Ric -Man Construction, Inc. (Ric -Man) to develop, design, and construct the Stormwater Pump
Station on 19th Street between Convention Center Drive and Meridian Avenue, in the amount of
$6,332,389.80; and
WHEREAS, as part of the scope of the Project, Ric -Man is to replace the existing seawall
along the south perimeter of Collins Canal, abutting the Miami Beach Botanical Garden (Botanical
Garden) property and the Holocaust Memorial; and
WHEREAS, in order to gain access to the seawall and complete its replacement, some of
the surrounding landscaping and portions of the existing walkway bordering Collins Canal in the
vicinity of the Botanical Garden will be affected; and
WHEREAS, on April 26, 2017, the City Commission referred an item to the
Neighborhood /Community Affairs Committee (NCAC) to discuss the vision of the Botanical
Garden's expansion to the northern swale and landscaped area along Collins Canal; and
WHEREAS, the NCAC requested the City Commission refer this item to the Finance and
Citywide Projects Committee (FCWPC); and
WHEREAS, at the June 16, 2017 FCWPC meeting, the item was presented and the
FCWPC favorably recommended to the City Commission to proceed with the design and
construction of the improvements north of the Botanical Garden; and
WHEREAS, staff recommended that a Change Order to the current Design /Build
Agreement between Ric -Man and the City be issued to incorporate the proposed extension of the
Botanical Garden as part of Ric -Man's seawall reconstruction, because adding the scope under
this contract will be more efficient and expedient; and
WHEREAS, on September 13, 2017, the Mayor and City Commission adopted Resolution
No. 2017 - 30010, accepting the recommendation of the FCWPC, and approving the extension of
the Botanical Garden to the Collins Canal, with previously appropriated funding in the current
fiscal year budget; and
WHEREAS, on January 5, 2018, Ric -Man presented a negotiated Cost Proposal for
$387,123.61, for the extension of the Botanical Gardens to the Collins Canal; and
WHEREAS, on February 9, 2018, Amendment No. 1 to the Design /Build Agreement was
executed in the amount of $630,013.00, as approved by the City Commission pursuant to
Resolution No. 2017 - 30020, to incorporate a permanent emergency generator as part of the
Project; and
WHEREAS, Amendment No. 1 revised the total contract amount to $6,962,402.80; and
WHEREAS, this Amendment No. 2, in the amount of $387,124.00, plus $38,712.00 for
Owner's Contingency, will revise the total contract amount to a not -to- exceed total of
$7,388,238.80.
WHEREAS, this Amendment No. 2, in the amount of $387,124.00, plus $38,712.00
Owner's Contingency, will revise the total contract amount to a not -to- exceed total of
$7,388,238.80.
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 -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 $387,124.00, in accordance with the terms and
conditions of the Agreement.
c. The work associated with this Amendment No. 2 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. 2. 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. 2, 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. 2. This written
Amendment No. 2 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.
3. OTHER PROVJSIONS
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. 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, FLORIDA
Raf E. Granad
City Clerk
ATTEST:
Secretary
1F1
Co i J'
tGN /BUILDER:
-MAN CONSTRUCTION
INC.
Print Name
Attachment: Exhibit A -1
✓PL2- 474/v0/44 v Po
Print Name
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION
City Attorney uw. Date