HomeMy WebLinkAboutAmendment No. 4 to Agreement with Ric-Man International, Inc.
JO(J{/l- ~ ~ / ;;J ~
~7E- ;2ft;0b
AMENDMENT NO.4
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 $ $574,560
FOR THE PROVISION OF ADDITIONAL DESIGN AND CONSTRUCTION SERVICES,
NECESSARY FOR THE IMPLEMENTATION OF MEDIAN TREE
REPLACEMENT AND RESTORATION,
FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD NO. 10D - WASHINGTON AVENUE PROJECT
This Amendment NO.4 to the Agreement, made and entered this ft;J; day of
2006, by and between the CITY OF MIAMI BEACH, a municipal corporation existing und 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, FL 33073 (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 Design-Build Contractor, 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 of 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, with Miami-Dade County for the inclusion of traffic
signal improvements on 11th,12th, 13th, and 14th Streets on Washington Avenue; and
WHEREAS, Amendment NO.2 increased the total Agreement fee by $686,880, 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 ih 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, the City has negotiated the following Amendment NO.4 to the Agreement, in
the amount of $574,560, to include replacement trees planted in structural soil, lighting restoration,
irrigation, shrubbery, pavers along the medians on Washington Avenue required as a result of
extensive damage from Hurricane Wilma, and as part of the ongoing Capital Improvements
Program; and
WHEREAS, this Amendment NO.4 will increase the total Agreement by $574,560, for a
total fee of $15,563,954.20.
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.4.
2. MODIFICATIONS
The Agreement is amended, as set forth in "Attachment 1", attached and
incorporated hereto.
3. RATIFICATION
The CITY and DESIGN-BUILD CONTRACTOR ratify the terms of the Agreement, as
amended by this Amendment No.4.
[THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment NO.4 to be
executed in their names by their duly authorized officials as of the date first set forth above.
CITY CLERK
MAYOR
David Dermer
ATTEST:
~~ r (v..~
Robert Parcher
ATTEST:
RIC-MAN INTERNATIONAL, INC.
~~~ENT
f~e r-e L Cd s Jt (10 S ((
Print Name
Dl1u,J WlIAi/JL }~I~
Print Name
//
I
L_~
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 "P." insert the
following new paragraph "Q":
Q. Contractor shall provide all design, field coordination services, permitting, maintenance of
traffic, materials, men and equipment, tree and shrub maintenance and guarantee and all
other work as necessary to restore the medians between 16th Street and 6th Street along
Washington Avenue. Restoration shall consist of:
The removal of all trees and shrubs damaged by the recent hurricanes;
Excavation (to a depth of 36 inches within the area bounded by the existing median
curbing and 5 feet each side north and south of the proposed tree centerline);
Disposal of excavated material;
Installation of structural soil in general accordance with Cornell University guidelines;
Installation of Live Oaks of 5 to 6" caliper, 20 to 22 foot overall height. Florida Grade;
Complete restoration and modification of the existing median irrigation systems;
Complete restoration of the median uplighting systems;
Restoration of the concrete paver walkway areas;
Installation of fill in shrubs to match existing;
Replacement of curb where damaged by this or other work under this contract;
Complete restoration as used above shall mean that the respective system components
shall be repaired or replaced as needed to provide a completely functional and reliable
system warrantable for materials and workmanship for a period of one year from date of
beneficial use by the City.
Construction Engineering services during this work 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, witness testing of systems, soil compaction
verification, development of detailed punch Iist(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 is excluded.