Amendment No. 9 with RIC-MAN INT'L, INC..~do~-a679/
y/i6/~ -~7D
AMENDMENT N0.9
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 $73,087.00
FOR SUPPLEMENT ONE TO JOINT PARTICIPATION AGREEMENT
BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE CITY OF MIAMI BEACH FOR THE
SIGNALIZATION IMPROVEMENTS ON~STATE ROAD A1A AT 7T", 8T", AND 9T" STREETS
FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD NO. 10 -FLAMINGO / LUMMUS PROJECT
This Amendment No. 9 to the Agreement, made and entered this ~ day of /LLC..
2008, 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 48~' 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 Maximum 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 forthe Washington Avenue Improvements
Project, Phase II, IV and V, from 5~' Street to 16`n 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 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 to 12tH 13~n, 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 7tH 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 16`n 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, for a
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 $18,856,529.66; 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, pursuant to Resolution No.2006-26414, the City approved Amendment No. 8
to the Agreement 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 increased the total Agreementfee by $12,094,237.00 for a
total cost of $29,677,523.66; and
WHEREAS, the following Amendment No. 9 is necessary to amend the Joint Participation
Agreement (#AOM259), between FDOT and the City, executed on November 15, 2006, for the
additional construction costs incurred for the signalization improvements along State Road (SR)
A1A / Collins Avenue Corridor, from 7'" thru 9t" Streets; and
WHEREAS, Amendment No. 9 increases the total Agreement fee by $73,087.00 for a total
cost of $ 29,750,610.66.
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. 9.
2. MODIFICATIONS
A. The Agreement is amended to include "Attachment 1 ", attached hereto and
incorporated herein.
3. RATIFICATION
The CITY and Design-Build Firm ratify the terms of the Agreement, as amended by this
Amendment No. 9.
(REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK)
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 9 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST:
CITY CLERK
CITY OF MIAMI BEACH, FLORIDA
MAY R
ATTEST:
~..t.rnc G~;1 ~b
Print Name
RIC-MAN INTERNATIONAL, INC.
President /Signature
Print Name
APPROVED AS TO
FORM & LANGUAGE
~ FOR EXEC1d~ION
ATTACHMENT 1
The additional below-listed pay items are eligible for reimbursement:
Additional underground conduit to support primary line feeder - 706 ft @ 39.00 = $ 27,534.00
Additional pull boxes 11 @ 775.00 = $ 8,525.00
Additional wire - 270 ft @ 4.50 = $1215.00
Additional Count-down ped signals - 6 @ $ 2150 = $12,900.00
Signal head aux -1 @ $4913 = $4913.00
Illuminated street signs 12 @ 1500 = $18,000.
Total = $73,087
PROJECT Limits: SR AlA/Collins Avenue, from 7th to 9th Streets
FDOT Financial Project Numbers: 250236-1-58-O1