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HomeMy WebLinkAboutAmendment No. 7 to Ric-Man Int'l Agreement poo& - J &3 ~~.- fi.. 71< - lol/')b AMENDMENT NO.7 TO THE DESIGN BUILD AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND RIC-MAN INTERNATIONAL, INC., DATED MARCH 17, 2004 FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO. 10D - WASHINGTON AVENUE PROJECT IN AN AMOUNT NOT-TO-EXCEED $726,757 FOR THE TRAFFIC SIGNALIZATION IMPROVEMENTS ALONG COLLINS AVENUE AND 7TH, 8th, & 9TH STREETS This Amendment NO.7 to the Agreement, made and entered this !l..5day of {)~6 e -{ 2006, 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 1700 Convention Center Drive, Miami Beach, Florida 33139, (hereinafter referred to as CITY) 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 Project, Phase II, IV and V, from 5th Street to 16th Street (the 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 11th, 12'h, 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, pursuant to Resolution No. 2006-26101, the City approved Amendment No.3 to the Agreement, in the amount of $1,642,301.22, for the inclusion of planned right-of-way improvements along y'h and 8th Streets, between Washington Avenue and Ocean Drive; and WHEREAS, Amendment No.3 increased the total Agreement fee by $1 ,642,301.22, for a total fee of $14,989,394.20; and WHEREAS, pursuant to Resolution No. 2006-26128, the City approved Amendment NO.4 to the Agreement, in the amount of $455,043.75, for the inclusion of Green Malayan Coconut Palms in the medians from the 600 to the 1600 block of Washington Avenue; and WHEREAS, Amendment NO.4 increased the total Agreement fee by $455,043.75, for a total fee of $15,444,437.95; and WHEREAS, pursuant to Resolution No. 2006-26199, the City approved Amendment No.5 to the Agreement, in the amount of $1,094,815.46, for the inclusion of improvements to the drainage on 16th Street and other miscellaneous improvements along the Washington Avenue corridor; and WHEREAS, Amendment NO.5 increased the total contract fee by $1,094,815.46, for a total fee of $17,268,148.98; and WHEREAS, on October 11 ,2006, the City approved Amendment NO.6 to the Agreement for the additional drainage wells which are required for the proper operation of the drainage component of the 7th and 8th Street improvements; and WHEREAS, Amendment NO.6 increased the total Agreement fee by $197,760.00, for a total fee of $17,465,908.98; and WHEREAS, the following Amendment NO.7 to the Agreement, in the amount of $727,757, provides for the installation of new standard mast-arm signalization at the intersections of Collins Avenue at 7th, 8th and 9th Streets; and WHEREAS, pursuant to City of Miami Beach and FDOT negotiations, Joint Participation Agreement, under FDOT Financial Project Number 250236-2-58-01, FDOT has agreed to allow the City to install the noted signalization improvements, and will reimburse the City $726,757, for the design, permitting, and installation costs of such; and WHEREAS, accordingly, the following Amendment NO.7 to the Agreement increases the total contract cost by $726,757 for a total cost of $18,192,665.98. 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.7. 2. MODIFICATIONS A. Article 7, of the Agreement, entitled "Completion Date" is amended to provide for the new date of March 31, 2007. B. Section 01000 of the Contract Specifications entitled "Professional Services" is amended as follows: PARAGRAPH 1.02 - SCOPE OF PROFESSIONAL SERVICES, after paragraph "S" add the following new paragraph "T": T. Desion Build Firm shall provide services for the desion, permittino, provision and installation of standard mast-arm traffic sionals on Collins Avenue at 7th, 8th, and 9th Streets. In addition, the Florida Department of Transportation has aoreed to reimburse the City of Miami Beach for the installation of all mast arms, poles and controllers as aoreed upon in the Joint Participation Aqreement No. 3. RATIFICATION The CITY and CONSULTANT ratify the terms of the Agreement, as amended by this Amendment NO.7. IN WITNESS WHEREOF, the parties hereto have caused this Amendment NO.7 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: I BEACH, FLORIDA _fiL.. ~ ~ au du,,- CITY CLERK Robert Parcher MAYOR David Dermer ATTEST: RIC-MAN INTERNATIONAL, INC. ~--f ecretary dJ{ ~ -- President ~~~\tl6N1r Print Name T:\AGENDA\2006\Regular\Wash. Ave. Amend. NO.7 - Collins Traffic Signalization.doc \:) ~\t\..~IYI Print Name APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION JO('(C~ ~~ ) )"