HomeMy WebLinkAboutExhibit A-SUBTHIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
CITY OF MIAMI
OFFICE OF CAPITAL IMPROVEMENTS
AMENDMENT NO. 1
TO THE GOLDEN PINES ROADWAY AND DRAINAGE IMPROVEMENTS
FOR SEGMENT 2
OF THE
CONSTRUCTION SERVICES AGREEMENT
WITH DAVID MANCINI & SONS, INC.
This Amendment No. 1 ("Amendment") to the Construction Services Agreement ("Agreement")
between the City of Miami, a municipal corporation of the State of Florida ("City"), and David
Mancini & Sons, Inc., a Florida profit corporation ("Contractor" or "DMSI"), for the provision of
additional construction services ("Services"), is entered into this day of
2023.
RECITALS
WHEREAS, pursuant to the City's Procurement Code Section 18-87 and BidSafe
Request for Quotation ("RFQ") No. 21-22-005, the City Manager executed an Agreement with
Contractor for an amount not -to -exceed Eight Million Forty Nine Thousand Eight Hundred
Ninety One Dollars and Ten Cents ($8,049,891.10); and
WHEREAS, the aforementioned solicitation was advertised concurrently with RFQ No.
21-22-004 to include Segment 1 (S.W. 23rd Terrace from S.W. 27th Avenue to S.W. 32nd
Avenue) and Segment 2 (S.W. 24th Street from S.W. 27th Avenue to S.W. 32nd Avenue); and
WHEREAS, the sole bid received for RFQ No. 21-22-004 was considerably higher than
the available budget at the time and, therefore, not considered for award of a contract for
Segments 1 and 2; and
WHEREAS, the work awarded under RFQ No. 21-22-005 for Segments 3 and 4 is near
completion, prompting the need to proceed with the construction of improvements in Segment 2
without further delay; and
WHEREAS, it is in the best interest of the City to retain the services of the Contractor for
the construction of improvements in Segment 2 once Segments 3 and 4 are completed; and
WHEREAS, the current compensation limit is insufficient to address the costs associated
with the construction of improvements in Segment 2; and
WHEREAS, it is in the best interest of the City to increase the existing capacity of the
Agreement to accommodate said costs to complete Segment 2; and
WHEREAS, this Amendment to the Agreement increases the current compensation limit
Vf°1c5
Amendment No. 1 to the Construction Services Agreement with David Mancini & Sons, Inc. for Golden
Pines Roadway and Drainage Improvements, Segment 2
by an amount of Five Million Four Hundred Sixty Five Thousand Four Hundred Fifty Three
Dollars and Fourteen Cents ($5,465,453.14), from Eight Million Forty Nine Thousand Eight
Hundred Ninety One Dollars and Ten Cents ($8,049,891.10) to Thirteen Million Five Hundred
Fifteen Thousand Three Hundred Forty Four Dollars and Twenty -Four Cents ($13,515,344.24);
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
B/DSAFE/REQUEST FOR QUOTATION GENERAL TERMS AND
CONDITIONS
2. Contract Term; Not to Exceed Cost
The Agreement shall commence upon issuance of the Notice of Proceed ("NTP"), which
shall be issued subsequent to the execution of the Agreement by the City. The
Agreement shall terminate upon notice by the City that the Agreement has been closed -
out after final completion or otherwise terminated by the City pursuant to the terms and
conditions herein set forth. The total bid amount shall be the Not to Exceed (NTE) of the
Project, which means the maximum cost of the Work including labor, materials,
equipment, supplies, overhead expenses, and profit. For the purposes of this
Agreement, said NTE is Thirteen Million Five Hundred Fifteen Thousand Three Hundred
Forty Four Dollars and Twenty -Four Cents ($13,515,344.24). The City will not be liable
for payment of any amount in excess of the NTE unless, the City Commission has
approved a Project contingency or has approved a prior amendment to the Contract,
setting forth an additional amount due to Owner requested changes or its equivalent. If
the term Guaranteed Maximum Price ("GMP") is used in this Agreement, it shall have
the same definition as GMC, defined above.
Nondiscrimination.
Contractor represents and warrants to the City that Contractor does not and will not engage in
discriminatory practices and that there shall be no discrimination in connection with Contractor's
performance under this Agreement on account of race, age, religion, color, gender, gender
identity, sexual orientation, national origin, marital status, physical or mental disability, political
affiliation, or any other factor. Contractor further covenants that no otherwise qualified individual
shall, solely by reason of race, age, religion, color, gender, gender identity, sexual orientation,
national origin, marital status, physical or mental disability, political affiliation, or any other factor,
be excluded from participation in, be denied services, or be subject to discrimination under any
provision of this Agreement.
Verification of Employment Eligibility (E-Verify).
By entering into this Agreement, Contractor and its Subcontractors are jointly and severally
obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled
"Employment Eligibility." Contractor affirms that (a) it has registered and uses the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization status of all
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
Amendment No. 1 to the Construction Services Agreement with David Mancini & Sons, Inc. for Golden
Pines Roadway and Drainage Improvements, Segment 2
new employees of Contractor; (b) it has required all Subcontractors to this Agreement to register o L„
and use the E-Verify system to verify the work authorization status of all new employees of the z °° i
Subcontractor; (c) it has an affidavit from all Subcontractors to this Agreement attesting that the o a
Subcontractor does not employ, contract with, or subcontract with, unauthorized aliens; and (d) n u
it shall maintain copies of any such affidavits for the duration of the Agreement. Registration I- z o
information is available at: http://www.uscis.qov/e-verify. If City has a good faith belief that m
Contractor has knowingly violated Section 448.09(1), Florida Statutes, then City shall terminate m Fe "i
this Agreement in accordance with Section 448.095(5)(c), Florida Statutes. In the event of such a a o
termination, Contractor agrees and acknowledges that it may not be awarded a public contract `—^ Y 0
for at least one (1) year from the date of such termination and that Contractor shall be liable for z a W
any additional costs incurred by the City because of such termination. In addition, if City has a 2 m =
good faith belief that a Subcontractor has knowingly violated any provisions of Sections m a 1—
448.09(1) or 448.095, Florida Statutes, but Contractor has otherwise complied with its 0 z a
requirements under those statutes, then Contractor agrees that it shall terminate its agreement o 2 W
with the Subcontractor upon receipt of notice from the City of such violation by Subcontractor in E o N
accordance with Section 448.095(5)(c), Florida Statutes. Any challenge to termination under
this provision must be filed in the Circuit or County Court by the City, Contractor, or
Subcontractor no later than twenty (20) calendar days after the date of Agreement termination.
Counterparts; Electronic Signatures.
This Amendment may be executed in counterparts, 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
Amendment shall have the same force and effect as an original. 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 AGREEMENT ARE IN OPERATIVE
FORCE AND EFFECT AND REMAIN UNCHANGED.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Amendment No. 1 to the Construction Services Agreement with David Mancini & Sons, Inc. for Golden
Pines Roadway and Drainage Improvements, Segment 2
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day
and year first above written.
"Contractor" or "DMSI"
WITNESS/ATTEST: DAVID MANCINI & SONS, INC.,
a Florida profit corporation
Signature Signature
Print Name, Title Print Name, Title of Authorized Officer, or Manager
ATTEST:
Consultant Secretary
(Affirm Consultant Seal, if available)
"City"
(Corporate Seal)
ATTEST: CITY OF MIAMI,
a Florida municipal corporation
co
Todd B. Hannon, City Clerk Arthur Noriega V, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Ann Marie -Sharpe, Director Victoria Mendez, City Attorney
Risk Management Department
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
Amendment No. 1 to the Construction Services Agreement with David Mancini & Sons, Inc. for Golden
Pines Roadway and Drainage Improvements, Segment 2
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)
I 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 partners:
Co
Name
Street Address
City
State
Ip
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
Amendment No. 1 to the Construction Services Agreement with David Mancini & Sons, Inc. for Golden
Pines Roadway and Drainage Improvements, Segment 2
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.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
20
Signed:
Print:
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
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
SUBSTITUTED
Exhibit A
To Be Distributed
File No. 14905