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AMENDMENT NO. 10
TO THE DESIGN BUILD AGREEMENT ,.,~_
BETWEEN -
THECITY OF MIAMI BEACH, FLORIDA ?~~^-
AND
RIC-MAN INTERNATIONAL, INC.,
DATED MARCH 17, 2004
IN AN AMOUNT NOT-TO-EXCEED $147,861.00
FOR ADDITIONAL DESIGN AND CONSTRUCTION SERVICES,
NECESSARY FOR THE IMPLEMENTATION OF THE LUMMUS RIGHT OF WAY (ROW)
IMPROVEMENTS,
FOR THE ROW INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD NO. 10 -FLAMINGO /LUMMUS PROJECT
This Amendment No. 10 to the Agreement, made and entered this ~~ay of u
2008, by and between the CITY OF MIAMI BEACH, a municipal corporation existing der 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., a
Florida corporation, 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 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 for the Washington Avenue Improvements
Project, Phase II, IV and V, from Stn Street to 16t" 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, which 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, for the inclusion of traffic signal improvements on
11 to 12tH 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 7th and 8th Streets, between Washington Avenue and Ocean Drive; and
WHEREAS, Amendment No. 3 increased the total Agreement fee by $1,642,301.22, fora
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 Agreementfee 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 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 7th,8th, and 9th Streets on
Collins Avenue; and
WHEREAS, Amendment No. 7 increased the total Agreement fee by $726,757, 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, 14t" Lane, and
Espanola Way, between Washington Avenue and Ocean Drive); and
WHEREAS, Amendment No. 8 increased the total Agreement fee by $12,094,237, for a
total cost of $29,677,523.66; and
WHEREAS, pursuant to Resolution No. 2008- 26791, the City approved Amendment No. 9
to the Agreement, for the additional construction costs incurred forthe signalization improvements
along State Road (SR) A1A / Collins Avenue corridor, from 7th through 9th Streets, as a result of
changes to the Miami-Dade County Standards; and
WHEREAS, Amendment No. 9 increased the total Agreement fee by $73,087, for a total
cost of $29,750,610.66; and
WHEREAS, the following Amendment No. 10 is for miscellaneous change orders to close
out the Project, and includes the following work:
Description
1. Sanitary Sewer Lateral Repairs from 6th Street through Espanola Way
2. Installation of Electrical Relays
3. Art in Public Places Man Hole Covers Cost Increase to Original Bid Cost
4. Removal of Traffic Heads on 8th Street and Washington Avenue per Miami-
Dade County's Request
5. Permitting Fees
6. Delay to 14th Lane
7. Additional Contingency for Project Closeout
and
Proposed
Cost
$17,000.00
$16,223.00
$ 6,780.00
$7,829.00
$60,296.00
$24,733.00
$ 15,000.00
$147,861.00;
WHEREAS, this Amendment would close out the Flamingo / Lummus Project (the Project);
WHEREAS, Amendment No. 10 increases the total Agreementfee by$147,861, fora total
cost of $29,898,471.66.
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:
ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this Amendment
No. 10.
2. MODIFICATIONS
A. Article 6, of the Agreement, entitled "Completion Date" is amended to provide for
the new date Substantial Completion Date of July 18, 2007.
B. The original scope is amended for miscellaneous change orders to close out the
Project, and includes the following work with the associated costs:
Description Proposed
Cost
1. Sanitary Sewer Lateral Repairs from 6t" Street through Espanola Way $17,000.00
2. Installation of Electrical Relays $16,223.00
3. Art in Public Places Man Hole Covers Cost Increase to Original Bid Cost $ 6,780.00
4. Removal of Traffic Heads on 8`" Street and Washington Avenue per Miami- $7,829.00
Dade County's Request
5. Permitting Fees $60,296.00
6. Delay to 14t" Lane $24,733.00
7. Additional Contingency for Project Closeout $ 15,000.00
$147,861.00;
3. RATIFICATION
The CITY and DESIGN-BUILD ratify the terms of the Agreement, as amended by this
Amendment No. 10.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 10 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST:
Robert Parcher
CITY CLERK
CITY OF MIAMI BEACH, FLORIDA
atti Herrera Bower
MAYOR
~.~h~e. Gash llv Sr.
Print Name
RIC- INTERNATIONAL, INC.
Pr sident /Signature
APPROVED AS TO
D G y ~ a l~knc,~ h; FORM & LANGUAGE
Print Name 8~ FOR UTION
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