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HomeMy WebLinkAboutExhibitCITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS AMENDMENT NO. 1 TO THE CONTSTRUCTION CONTRACT WITH RECREATION DESIGN & CONSTRUCTION, INC. FOR SHENANDOAH PARK SWIMMING POOL RENOVATION — D4 This Amendment No. 1 to the construction contract between the City of Miami, a municipal corporation of the State of Florida ("City"), and Recreational Design & Construction, Inc. ("Contractor"), a Florida Corporation, for the provision of construction services for Shenandoah Park Swimming Pool Renovation ("Services") is entered into this day of , 2023. RECITALS WHEREAS, pursuant to the City's Procurement Code Section 18-85 and Invitation to Bid ("ITB") No. 20-21-001, the City Manager executed a construction contract with Contractor for Nine Million Five Hundred Twenty -Five Thousand Six Hundred Dollars ($9,525,600.00); and WHEREAS, the current Compensation Limit is insufficient to address the costs associated with the additional scope items to the Shenandoah Park Swimming Pool Renovation project; and WHEREAS, it is in the best interest of the City to increase the existing capacity of the contract with RDC for the project to be successful; and WHEREAS, this Amendment No. 1 to the contract increases the existing capacity of the contract by a not -to -exceed amount of ($ ), thereby increasing the existing capacity of the Agreement from Nine Million Five Hundred Twenty -Five Thousand Six Hundred Dollars ($9,525,600.00), to a not -to -exceed amount of ($ );and WHEREAS, the City Commission has adopted Resolution No. to approve the corresponding increase in the Compensation Limits. NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the contract as follows: SECTION 2 ITB GENERAL TERMS AND CONDITIONS 3. Contract Price and Guaranteed Maximum Cost/Guaranteed Maximum Price Contractor represents, warrants and guarantees to the City that Contractor shall completely, timely, and properly perform the Work and all of its obligations under the Contract, in accordance therewith, for the Contract Price to be agreed upon by the parties. This Contract Price shall constitute Guaranteed Maximum Cost/Guaranteed Maximum Price to the Owner for performing the Work inclusive of labor, materials, Amendment No. 1 to the Contract with Recreational Design & Construction, Inc. for Shenandoah Park Swimming Pool Renovation — D4 equipment, supplies, and any allowable overhead and profit. The Owner shall (absent a prior Amendment with compelling cause approved as an Amendment to this Agreement) have no liability or obligation to pay any amount in excess of the stated Contract Price and Contractor shall have no recourse in that respect except to seek an Amendment to the Agreement. All costs in excess of the Contract Price shall be paid solely by Contractor without reimbursement or additional compensation from Owner. The total not - to -exceed contract value is ($ ), which includes the Base Scope of Work plus all Alternates. COUNTERPARTS AND ELECTRONIC SIGNATURES: This Amendment may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Amendment. The parties shall be entitled to sign and transmit an electronic signature on this Amendment (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 Amendment upon request. All other terms and conditions of the contract are in operative force and effect and remain unchanged. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Amendment No. 1 to the Contract with Recreational Design & Construction, Inc. for Shenandoah Park Swimming Pool Renovation — D4 IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. WITNESS/ATTEST: Signature Print Name. Title ATTEST: Consultant Secretary (Affirm Consultant Seal, if available) ATTEST: Todd B. Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Ann Marie -Sharpe, Director Risk Management Department Recreation Design & Construction, Inc., a Florida Profit Corporation Signature Print Name, Title of Authorized Officer or Manager (Corporate Seal) 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 Amendment No. 1 to the Contract with Recreational Design & Construction, Inc. for Shenandoah Park Swimming Pool Renovation — D4 CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a corporation organized and existing under the laws of the State of held on the _ day of , 20_ a resolution was duly passed and adopted authorizing (Name) as (Title) of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of 20_ Secretary: Print: CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the _day of , 20_, a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 Partner Print: Names and addresses of Dartners: Name Street Address City State Zip Amendment No. 1 to the Contract with Recreational Design & Construction, Inc. for Shenandoah Park Swimming Pool Renovation — D4 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. 20 Signed: Print: IN WITNESS WHEREOF, I have hereunto set my hand this day of NOTARIZATION STATE OF ) ) SS: COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC