HomeMy WebLinkAboutExhibitCITY OF MIAMI
OFFICE OF CAPITAL IMPROVEMENTS
CHANGE ORDER NO. 1 AND FINAL SETTLEMENT AGREEMENT
TO THE AGREEMENT WITH MAGGOLC, INC.
FOR SW 64T" COURT ROADWAY AND DRAINAGE IMPROVEMENTS — D4
The Parties to this Change Order No. 1 and Final Settlement Agreement ("Final
Settlement"), the City of Miami ("City") and Maggolc, Inc. ("Maggolc") (collectively the "Parties"),
in consideration of the promises set forth herein, enter into this Agreement as follows:
WHEREAS, on January 4, 2019, pursuant to the City's Procurement Code Section 18-87
and Invitation to Bid ("ITB") No. 17-18-024, and as authorized by Resolution No. 18-0470,
adopted by the City Commission on October 25, 2018, the City Manager executed an
agreement ("Agreement") with Maggolc for the provision of SW 64th Court Roadway and
Drainage Improvements — D4 — Project No. B-30972 ("Project"), in an amount not -to -exceed
$290,056.58; and
WHEREAS, the original contract value does not have sufficient funds to compensate
Maggolc for the additional costs of the additional scope items; and
WHEREAS, it is in the best interest of the City to increase the capacity under the
Agreement; and
WHEREAS, this Final Settlement increases the capacity of the Agreement by a not -to -
exceed amount of $89,096.34, which will increase the original awarded amount of $290,056.58
to a total not -to -exceed amount of $379,152.92; and
WHEREAS, the City and Maggolc have agreed to settle all disputes on change orders in
consideration of, and in accordance with, the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the foregoing, the Parties hereby execute this
Final Settlement to reflect the following changes:
Section 2.05-1 Compensation Limit is hereby increased by eighty-nine thousand ninety-
six dollars and ninety-two cents ($89,096.92), thereby increasing the original contract
value from a not -to -exceed amount of two hundred ninety thousand fifty six dollars and
fifty eight cents ($290,056.58), to a not -to -exceed amount of three hundred seventy nine
thousand one hundred fifty two dollars and ninety two cents ($379,152.92).
Section 3.66-1 A "Force Majeure Event" shall mean an act of God, act of governmental
body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole,
other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage,
insurrection, blockade, or embargo. In the event that either party is delayed in the
performance of any act or obligation pursuant to or required by the Agreement by reason
of a Force Majeure Event, the time for required completion of such act or obligation shall
be extended by the number of days equal to the total number of days, if any, that such
party is actually delayed by such Force Majeure Event. The party seeking delay in
performance shall give notice to the other party specifying the anticipated duration of the
delay, and if such delay shall extend beyond the duration specified in such notice,
additional notice shall be repeated no less than monthly so long as such delay due to a
Force Majeure Event continues. Any party seeking delay in performance due to a Force
Majeure Event shall use its best efforts to rectify any condition causing such delay and
shall cooperate with the other party to overcome any delay that has resulted.
Notwithstanding the above stated, Contractor delays in the performance of any act or
obligation pursuant to or required by the Agreement by reason of a Force Majeure Event
shall remain at all times subject to City acceptance and approval of the same and
subordinate to all other terms and conditions of this Agreement.
Section 7.1-A CONTRACT EXECUTION. COUNTERPARTS; ELECTRONIC
SIGNATURES:
This Agreement and any amendments hereto may be executed in counterparts and all
such counterparts taken together shall be deemed to constitute one and the same
instrument, each of which shall be an original as against either party whose signature
appears thereon, but all of which taken together shall constitute but one and the same
instrument. An executed facsimile or electronic scanned copy of this Agreement shall
have the same force and effect as an original. The parties shall be entitled to sign and
transmit an electronic signature on this Agreement (whether by facsimile, PDF or other
email transmission), which signature shall be binding on the party whose name is
contained therein. Any party providing an electronic signature agrees to promptly
execute and deliver to the other parties an original signed Agreement upon request.
All other terms and conditions of the Agreement are in operative force and effect and remain
unchanged.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day
and year first above written.
WITNESS/ATTEST:
Signat e
Print Name, Title f Print Name, Title of Authorized Officer or eager
ATTES
Corpo to Secretary
(Affirm Corporate Seal, if available)
`.ATTEST:
Todd B. Hannon, City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Risk Management Department
r
(Corporate Seal)' J o ��•'.
♦ v
CITY OF MIAMI, a municipal corporation of
the State of Florida
Arthur Noriega V, City Manager
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Victoria Mendez, City Attorney
CERTIFICATE OF AUTHORITY
(IF CORPORATION OR LLC)
HERE/BY CERTIFY that at a meeting of the Board of Directors
of Q (nC,, �%, a corporation organized and existing under the laws of the State
of �� rt d held on the day of u u ZOlJ a resolution was
duly passed and adopted authorizing /�C7 riO �O.v -,Z--, as
(Name)
d' of the corporation to execute agreements on
(Title)
behalf of the corporation and providing that his/her execution thereof, attested by the secretary
of the corporation, shall be the official act and deed of the corporation.
further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
20
Secre
Print:
STATE OF 01:vo r i da
-�'V 6 -"2-
NOTARIZATION
) SS:
COUNTY OF, ('a" Darte-)
The foregoing
nn instrument w s ackno I dged b re me this day of
20 0�1 , by , who is personally
known to me or who has produced
(did lAd not) take an oath.
SIGAXTURE OP NOTARY PUBLIC
STV�A'
OF FLORID�y
�4
PR T D, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
as identification and who
Notary Public State of Florida
Roberto A. Casanova MyCommission GG 239878
Expires07l78f20 22