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Home My WebLink AboutAmendment No. 3 with Ric-Man International, Inc. .\ ~p{J? -.;? tJ 10/ 'ftjP6 ~ 1\ 7 0 . .. AMENDMENT NO.3 TO THE DESIGN BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND RIC-MAN INTERNATIONAL, INC., DATED JANUARY 12, 2006 IN AN AMOUNT NOT-TO-EXCEED $1,642,301.22 FOR THE PROVISION OF ADDITIONAL DESIGN AND CONSTRUCTION SERVICES, NECESSARY FOR THE IMPLEMENTION OF 7TH AND 8TH STREET IMPROVEMENTS, FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO.10 - FLAMINGO / LUMMUS PROJECT 1( Thi~mendment NO.3 to the Agreement, made and entered this if.. day of :TAttill~ 2D06 ~ by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and Ric - Man International, Inc., having its offices at 2601 Northwest 48th Street Pompano Beach, FI. 33027 (hereinafter referred to as DESIGN - BUILD CONTRACTOR). RECITALS WHEREAS, pursuant to Resolution No. 2004-25463 the Mayor and City Commission approved and authorized the Mayor and City Clerk to execute a Guaranteed Maximum Price Contract with RIC-MAN International, Inc., pursuant to Invitation to Bid No. 22-02/03 for Design Build Services to Design and Construct the Washington Avenue Improvements - Phases II, IV and V Streetscape and Utility Improvement Project (the Agreement); and WHEREAS, the Agreement provides for the design, permitting, construction and construction engineering services during construction for the Washington Avenue Improvements Phase II, IV and V From 5th Street to 16th Street Project; and WHEREAS, the Agreement was executed for a Guaranteed Maximum Price of $12,104,429; and WHEREAS, pursuant to Resolution No. 2006-26205, the City approved Amendment NO.1 to the Agreement, in the amount of $555,783.98, for the inclusion of right-of-way improvements to coordinate the Flamingo / Lummus drainage infrastructure improvements within the Washington Avenue right-of-way that were required to be constructed so that the drainage system would operate as designed; and WHEREAS, Amendment NO.1 increased the total Agreement fee by $555,783.98, for a total fee of $12,660,212.98; and WHEREAS, pursuant to Resolution No. 2005-26024, the City approved Amendment NO.2 to the Agreement, in the amount of $686,880.00, with Miami-Dade County for the inclusion of traffic signal improvements on 11 th, 1 ih, 13th, and 14th Streets on Washington Avenue; and WHEREAS, Amendment NO.2 increased the total Agreement fee by $686,880.00, for a . \ total fee of $13,347,092.98; and WHEREAS, at this time, the City, has negotiated in good faith Amendment NO.3 for the inclusion of the right-of-way improvements along yth and 8th Streets between Washington Avenue and Ocean Drive, required in fulfillment, and as part of, the ongoing Capital Improvements Program. The Design Build Contractor has met with Hazen and Sawyer (the City's Program Manager) and it has been established that the addition of this work to the existing Agreement is in the City's best interests to maintain continuity of the Work and for coordination with roadway and infrastructure improvements being constructed along Washington Avenue under the existing Agreement; and WHEREAS, the Administration would recommend that the work be included as an Amendment to the Agreement; WHEREAS, accordingly, the following Amendment No.3 increases the total Agreement fee by $1,642,301.22, for a total fee of $14,989,394.20; and 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.3. 2. MODIFICATIONS A. The Agreement is amended as defined in "Attachment 1", attached herein. B. Article 6 - Completion Date of the Agreement, shall be amended as follows: [Paragraph 6.3, second sentence; delete "731 calendar days" and insert "841 calendar days". 3. RATIFICATION The CITY and CONSULTANT ratify the terms of the Agreement, as amended by this Amendment NO.3. . , IN WITNESS WHEREOF, the parties hereto have caused this Amendment NO.3 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 ~~ Ptu~ CITY CLERK - . Robert Parcher _ __ _ __ J ATTEST: RIC-MAN INTERNATIONAL, INC. d1l: .-/ d~ CSignat~ Signature A :)d~hJ ,,,e.-z.- Print Name Dau,rf 1t1~ V]C Jh )~ fJ.{!S I tv-.-I Print Name and Title APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ 1'12.(/01 . omay~~ . , . ,. ATTACHMENT 1 Section 01000 Section 01000 of the Contract Specifications entitled, "Professional Services", is amended as follows: PARAGRAPH 1.02 - SCOPE OF PROFESSIONAL SERVICES, after paragraph "0." insert the following new paragraph "P": P. Contractor shall provide all design completion work and field coordination services for bringing the 90% complete contract documents prepared by EDAW to 100% complete status and shall obtain all required permits to allow for construction to proceed. Services shall also include construction of the approved roadway and infrastructure improvements and construction engineering services during the construction phase as specified herein. Construction Engineering services shall include, but not be limited to, preparation of as- built plans, review and approval of submittals, working drawings and shop drawings, processing and responding to contractor requests for information, construction inspection and reporting, development of detailed punch list(s), coordination to obtain substantial completion and close out work required for final acceptance. The costs associated with use of off-duty police officers, permit fees and signalization work at Collins Avenue is excluded. . * I . I ..", .t ~ .' 'l HAzEN AND SA\WER Environmental Engineers & Scientists ! February 8, 2006 Albert Dominquez, P.E. RIC-MAN INTERNATIONAL 1210 Washington Avenue Suite 210 Miami Beach, Florida 33139 Hazen and Sawyer. P.C. 975 Arthur Godfrey Road Suite 211 Miami Beach. FL 33140 305 532-9292 Fax: 305 534-8887 City of Miami Beach Right-of-Way Infrastructure Improvements Program Washington Avenue Improvement Project yth and 8th Street Corridor Infrastructure Improvements - Contract Execution Dear Mr. Dominguez: For your records, enclosed please find one set of the Change Order 40100-9.0 amending the existing Design Build Agreement for the above referenced work. Should you have any questions, please do not hesitate to contact our office. ) Very truly yours, 2E~=ER' P.C. Ig~ L. Lizama, P.E. Pro ct Coordinator Enclosures c: J. Chartrand B. Vidal File No. 40100/1.2 ) MB: 4010DL0140 New York. NY' Armonk. NY' Ramsey. NJ' Detroit. MI. Philadelphia. PA' Raleigh. NC' Charlotte. NC' Fairtax, VA' Atlanta. GA' Hollvwood. Fl. Anr~ RMnn FI . Fort P,w. FI . b'OnM..;". " _ ",,,_, c, _ ,_.___.. co '--7"'~. ,.. . 1 .., .oj ( ') I HAZEN AND SAWYER, P.C. 975 Arthur Godfrey Road, Suite 211 Miami Beach. Florida 33140 RFCF/\/t.._., . .eLl r:;r Ft-,.,Phone: (305) 532-9292 ., Fa,f.'(3~),53~.I3~J ~(illr~'F .'f/.' " I '" ~ , CHANGE ORDER NO. 40100-9.0 PROJECT: City of Miami Beach ROW Infrastructure Improvement Program Washington Avenue Improvements Project .'.. ", ; " J~) I '0" ".: .1\ '-Ii ,-,' r~;: r DESIGN/BUllD FIRM: Ric-Man International, Inc. 1210 Washington Avenue, Suite 200 Miami Beach, FL 33139 TITLE: 7th and 8th Street ROW Improvements DESCRIPTION OF WORK: Ric-Man International, Inc. was asked to provide a cost proposal for additional design I build work associated with improvements to the 7th and 8th Street corridors between Washington Avenue and Ocean Drive. The proposed additional work includes progressing the associated ROW Improvement design drawings from 90% complete to 100% complete, permitting. construction of the improvements, implementation of the one- way pair modifications previously designed and construction periOd engineering services. Construction periOd engineering services include preparation of as built plans, review and approval of submittals and shop drawings, processiing and responding to contractor RFf's, construction inspection and reporting, project closeout and coordination with utilities and other agencied as necessary to obtain substantial completion and Item Description 1.0 Watermain Improvements 2.0 Stormwater fmpovements 3.0 Hardscape / Landscaping / Lighting 4.0 Pavement 5.0 Maintenance of Traffic 6.0 Design and Construction Period Services Total $ 255,730.00 $ 446,228.00 $ 463.508.00 $ 117,620.00 $ 26,348.00 $ 217,250.00 ) TOTAL 5% Contractual Profit 3% Bond $1,526.684.00 $76,334.20 $39.283.02 $1,642,301.22 TOTAL Original Agreement Amount; Previous Change Orders: (1 through 8) $12,104,429.00 Total For This Change Order: $1,456,034.45 $1,642,301.22 $15,202,764.67 New Agreement Amount: HAl )