HomeMy WebLinkAboutAmendment No. 8 with RIC-MAN International
AMENDMENT NO. 8
TO THE DESIGN BUILD AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
RIC-MAN INTERNATIONAL, INC.,
DATED MARCH 17, 2004
IN AN AMOUNT NOT-TO-EXCEED $12,094,237
FOR THE PROVISION OF ADDITIONAL DESIGN AND CONSTRUCTION SERVICES,
NECESSARY FOR THE IMPLEMENTAION OF THE LUMMUS ROW IMPROVEMENTS,
FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD NO. 10 -FLAMINGO /LUMMUS PROJECT
This Amendment No. 8 to the Agreement, made and entered this ~~ay of cp~1 PY
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 FIRM).
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 Maxirriiim Price
Contract with DESIGN -BUILD FIRM, 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 Stn Street to 16tH Street (the Project); and
WHEREAS, the Agreement was executed fora 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 ofright-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 11tn,12tn 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 7tn and Stn 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 $574,560, 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 $574,560.00, for a
total fee of $15,563,954.20; 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 Agreement fee by $1,094,815.46, fora
total fee of $16,658,769.66; and
WHEREAS, pursuant to Resolution No. 2006-26346, 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 $16,856,529.66; and
WHEREAS, pursuant to Resolution No. 2006-26375, the City approved Amendment No. 7
to the Agreement for the inclusion of traffic signal improvements on 7tn,8tn, and Stn on Collins
Avenue; and
WHEREAS, Amendment No. 7 increased the total Agreement fee by $726,757.00 for a
total fee of $17,583,286.66; and
WHEREAS, this Amendment No. 8 approved by Resolution No. 2006-26414 waived the
competitive bidding requirement as it was found to be in the best interest to the City to continue
work on the remaining cross streets between Washington Avenue and Ocean Drive in the
Flamingo/Lummus Right of Way (ROW) Infrastructure Improvement Project Bid Package 10B with
a contractor who performed admirably in the Washington Avenue Project as well as in the
additional scope, assigned to their contract such as portions of the Flamingo/Lummus
Neighborhood Bid Package 10B, 7tH and Stn Street, and authorized the City Manager, as the City's
designee, to amend the existing design/build agreement with Ric-Man International, Inc.,
increasing the Agreement fee in the amount of $12,094,237.00 for a total cost of $29,677,523.66;
and
WHEREAS, this Amendment No. 8 provides for the inclusion of planned improvements
along and beneath the remainder of the Lummus neighborhood -identified by 6tH, Stn, 10tH, 11tH,
12tH, 13th, 14tH Streets, 14tH Lane, and Espanola Way, between Washington Avenue and Ocean
Drive; and
WHEREAS, Amendment No. 8 increases the total Agreement fee by $12,094,237.00 for a
total cost of $29,677,523.66; and
WHEREAS, this Amendment No. 8 also increases the total contract time for Substantial
Completion for all Work from March 31, 2007, to March 31, 2008.
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:
ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this Amendment
No. 8.
2. MODIFICATIONS
A. Article 7, of the Agreement, entitled "Substantial Completion Date", is amended to
provide for the new substantial completion date of March 31, 2008.
B. Section 01000 of the Contract Specifications, entitled "Professional Services", is
amended as follows:
PARAGRAPH 1.02 - SCOPE OF PROFESSIONAL SERVICES; after paragraph "T",
add the following new paragraph "U":
U. Design -Build Firm shall provide all professional engineering design services,
inclusive of any and all field verification, utility location and conflict mitigation
services, as necessary to bring the existing (approximately 90% complete) contract
document set prepared by EDAW, Inc., dated March 17, 2006, to 100% completion
status for the Flaming/Lummus Right of Way (ROW) Infrastructure Improvement
Project which includes 6tH, Stn 10tH, 11tH, 12tH, 13tH, 14tH Lane and 15tH Street
between Washington Avenue and Ocean Drive. The proximity and interrelationship
between the Washington Avenue and the Flamingo/Lummus Project allows forthe
coordination of the drainage and other improvements with continuity and efficiency.
The final 100% completion stage documents shall be suitable for the Design -
Build Firm to procure all required permits and allow for construction to proceed to
completion over a total of 14 months construction duration from the Notice to
Proceed for this Amendment No. 8. In this effort, the Design -Build Firm shall
provide professional engineering services during construction including, but not
necessarily limited to, review and approval of submittals, working drawings and
shop drawings, processing and responding to Contractor requests for information,
construction observation and daily reporting, attendance at weekly meetings with
City representatives, development of detailed punch list(s), coordination to obtain
substantial completion and close out work required for final acceptance. In
addition, the Design -Build Firm shall provide Public Information Services for the
duration of the Work.
Specific exclusions to this Amendment No. 8 include the costs associated with use
of off-duty police officers, permit costs, signalization along Collins Avenue, and
work required to address unforeseen below grade utility conflicts that may result
after the Design -Build Firm's efforts with regard to utility location and conflict
mitigation are completed to the satisfaction of the City.
3. RATIFICATION
The CITY and CONSULTANT ratify the terms of the Agreement, as amended by this
Amendment No. 8.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 8 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST:
N~n.Mr P~
CITY CLERK
Robert Parcher
CITY OF MIAMI BEACH, FLORIDA
w
Matti Herrera Bower
Vice-Mayor
ATTEST:
Print Name
RIC-MAN INTERNATIONAL, INC.
President /Signature
Print Name
APPROVED AS TO
FORM & LANGUAGE
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