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Amendment 2 with RIC MAN Int'l IncAMENDMENT NO.2 TO THE AGREEMENT BETWEEN THE CITY AND RIC- MAN INTERNATIONAL, INC., DATED DECEMBER 6, 2006, PURSUANT TO INVITATION TO BID NO. 36-05/06 FOR THE DESIGN, PERMITTING, CONSTRUCTION AND CONSTRUCTION MANAGEMENT ASSOCIATED WITH NEIGHBORHOOD N0.7 - NAUTILUS RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROJECT, IN AN AMOUNT NOT TO EXCEED $749,130; SAID AMENDMENT FOR THE PROVISION OF ADDITIONAL DESIGN, PERMITTING, AND CONSTRUCTION NECESSARY FOR BIKE LANES AND ROUTES ON PRAIRIE AVENUE, ROYAL PALM AVENUE, NORTH BAY ROAD, 44TH STREET, AND 47TH STREET TO PROVIDE NORTH-SOUTH AND EAST-WEST CONNECTIONS. WHEREAS, on December 6, 2006, the Mayor and City Commission adopted Resolution No. 2006-26423, authorizing the Mayor and City Clerk to execute aDesign / Build Agreement with Ric-Man International, Inc. (Ric-Man), pursuant to Invitation to Bid No. 36-05/06, for the Design, Permitting, Construction and Construction Management associated with Neighborhood No. 7 -Nautilus Right-of-Way Infrastructure Improvement Project (the Project); and WHEREAS, the Agreement includes proposed improvements for the Project which are based upon a Design Criteria Package (DCP) and the Basis of Design Report prepared by the City's A/E consultant, Reynolds, Smith, and Hills, Inc., including earthwork, roadway narrowing, milling and resurfacing, driveway paving, sidewalk construction, water main installation, water services relocations, storm drainage infrastructure installation, roadway lighting, and streetscape /planting improvements; and WHEREAS, the Agreement was executed for a Lump Sum Price of $27,110,221; and WHEREAS, pursuant to Resolution No. 2007-26692, the City approved Amendment No. 1, for a Guarantee Maximum Price (GMP), in the amount of 6,369,544, to accommodate additional work scope that became evident after completion of the design, addressed items identified in the contractor's risk assessment plan and limit the risk to the City from potential change orders; and WHEREAS, Amendment No. 1 increased the total Agreement fee by $6,369,544, for a total fee of $33,479,766; and WHEREAS, this Amendment No. 2 provides for the design, permitting and construction of new bike. lanes and routes in the Nautilus Neighborhood, on Prairie Avenue, Royal Palm Avenue, North Bay Road, 44th Street, and 47th Street, as requested by the Public Works Department and will provide North-South and East-West connections in Middle Beach and connect to the proposed bikeways in Bayshore Neighborhood and La Gorce Neighborhood; and 325 WHEREAS, the total cost to design and construct the bike lanes and bike routes is $749,130; and WHEREAS, this Amendment No. 2 increases the total Agreement fee by $749,130, for a total fee of $34,228,896; 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: ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 2. 2. MODIFICATIONS A. Section 01000 of the Contract Specifications, entitled "Professional Services", is amended as follows: PARAGRAPH 1.02 D -SCOPE OF PROFESSIONAL SERVICES; after Paragraph "10" add the following new Paragraph "11 ": 11. The Design /Build Firm shall provide include the Bike Lanes / Bike Routes within the Nautilus Neighborhood Proiect boundaries. The Streets that will have Bike Lanes /Routes are as follows: 1) Designated Bike Lanes requiring widening of existing pavement, with corresponding svirale width reduction and encroachment reclamations Royal Palm from 42nd Street to 47th Street; 47th Street from Pine Tree Drive to North Bav Drive; 44th Street from Prairie Avenue to Pine Tree Drive; and Prairie Avenue from 41st Street to 44th Street• 2) Bike Routes with posted signage only - North Bav Road from Alton Road to West 48th Street. The proposed additional work includes the design, permitting, construction and construction administration services, including preparation of Record Drawings, review and approval of submittals /shop drawings, processing and responding to RFI's, construction inspection and reporting. Proiect closeout and coordination with utilities and other agencies as necessary to obtain substantial completion and final acceptance. 326 3. RATIFICATION The CITY and Ric-Man International, Inc. hereby 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 Robert Parcher Mat a rera we CITY CLERK MAYOR ATTEST: ~~~ c~,~:~~~ Print Name RIC-MAN INTERNATIONAL, INC. President /Signature dal ~s'~~~It~[... ~ +~ ~ 1 Print Name T:\AGENDA\2008Wune 25\Consent\Nautilus Bike Facilities - Amendment.doc f~lED AS TO FORM & LANGUAGE +~ FOR EXECUTION ,r~ ~ 6~ City m ~ ate