Loading...
HomeMy WebLinkAboutExhibitCITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS AMENDMENT NO. 1 TO THE OVERTOWN GREENWAY AT NW 11TH STREET (FROM NW 7TH AVENUE TO NW 12TH AVENUE) CONSTRUCTION SERVICES CONTRACT WITH FLORIDA ENGINEERING AND DEVELOPMENT CORP. This Amendment No. 1 to the aforementioned Construction Services Contract ("Contract") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Florida Engineering and Development Corp. ("Contractor"), a Florida Corporation, for the provision of construction services ("Services") is entered into this day of , 2024. RECITALS WHEREAS, pursuant to the City's Procurement Code Section 18-85 and Invitation to Bid ("ITB") No. 20-21-004, the City Manager executed a Contract with Contractor for an amount not - to -exceed $970,588.74; and WHEREAS, additional scope of work has been added to the contract; and WHEREAS, the current Compensation Limit is insufficient to address the costs associated with the construction; and WHEREAS, it is in the best interest of the City to increase the existing capacity of the Contract to accommodate said costs to complete construction; and WHEREAS, this Amendment No. 1 to the Contract increases the current compensation by an amount of One Hundred Thirty Eight Thousand Four Hundred Thirty One Dollars and Six Cents ($138,431.06)), from Nine Hundred Seventy Thousand Five Hundred Eighty -Eight Dollars and Seventy -Four Cents ($970,588.74), to One Million One Hundred Nine Thousand Nineteen Dollars and Eighty Cents ($1,109,019.80); 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: Amendment No. 1 to the Construction Services Agreement with Florida Engineering and Development Corp. for Overtown Greenway at NW 11th Street (from NW 7th Avenue to NW 12th Avenue) SECTION 3 GENERAL TERMS AND CONDITIONS 2. Contract Term The Contract shall commence upon issuance of the Notice of Proceed ("NTP'), which shall be issued subsequent to the execution of the Contract by the City. The Contract shall terminate upon notice by the City that the Contract 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 contract, said NTE is One Million One Hundred Nine Thousand Nineteen Dollars and Eighty Cents ($1,109,019.80). 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. All other terms and conditions of the Contract are in operative force and effect and remain unchanged. COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement 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 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Amendment No. 1 to the Construction Services Agreement with Florida Engineering and Development Corp. for Overtown Greenway at NW 11th Street (from NW 7th Avenue to NW 12th Avenue) IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. WITNESS/ATTEST Signature MALMO utoi 1.!?, 5r Print Name, Title ATTEST Consultant Secretary (Affirm Consultant Seal, if available) Florida Engineering and Development Corp., a Florida Corporation Signature Print Name, Title of Authorized Officer`, or Wine er • (Corporate Seal). f ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida Todd B. Hannon, City Clerk Arthur Noriega V, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: APPROVED AS TO LEGAL FORM AND CORRECTNESS: t. � Sp? Ann Marie -Sharpe, Director John A. Greco, Interim City Attorney Risk Management Department Amendment No. 1 to the Construction Services Agreement with Florida Engineering and Development Corp. for Overtown Greenway at NW 111h Street (from NW 7'h Avenue to NW 121h Avenue) CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of Florida Engineering & Development Corp a corporation organized and existing under the laws of the State of Florida , held on the 2 day of January , 20 24 a resolution was duly passed and adopted authorizing (Name) Jose Vega as (Title) President 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. further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of April 20 24 . Jose Vega 4= "- Secretary: ,024a131 '97 "0. 911 Print: Jose Vega 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. 20 IN WITNESS WHEREOF, I have hereunto set my hand this _ day of Partner: Print: Names and addresses of partners: Name Street Address City State Zip Amendment No. 1 to the Construction Services Agreement with Florida Engineering and Development Corp. for Overtown Greenway at NW 11 th Street (from NW 7th Avenue to NW 12th Avenue) 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) 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: STATE OF Florida NOTARIZATION SS: COUNTY OF Miami Dade The foregoing instrument was acknowledged before me this 15 day of April , 2024, by Jose Vega , who is personally known to me or who has produced personally known as identification and who (did / did not) take a! o. h. SIGNATUR OF OTARY PUBLIC STATE 0 LFloP PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC 411rP 46 EVELYNALEMAN Commission # HH 215243 '�FoF° Expires March 10, 2026 eitp of Ifiliami Contract Change Order Project Name: Overtown Greenway at NW 11th St. from NW 7th Ave to NW 12th Ave Project No.: B 173648/420917-2-58-01 Contractor: Florida Engineering and development Corp. Change Order No.: 6 Contract Award Date: 02/16/2023 Completion Date: 04/29/2024 Revised Completion Date (prior to this change): Extension(s) of Time Previously Approved: 0 days Revised Completion Date (including this change): 06/10/2024 The Contractor and the City hereby agree to modify the Contract as follows: (Attach additional pages as necessary) Item No. Description of Change Contract Price Contract Time Increase Decrease Increase Decrease 1 Additional work requested by The City of Miami $138,431.06 0 (including 2" Milling and Resurfacing, Paving and Sidewalk and Concrete Curb Work) Difference (Net) SUMMARY OF CONTRACT AMOUNT Reason for Change Additrional work requested by The City of Miami Regulatory Change Original Contract Amount $ 970,588.74 City Requested 0 Cost of Construction Changes Previously Ordered $ o.00 Design Error Adjusted Contract Amount Prior to this Change Order $ 970,588.74 Unforeseen/Unforeseeable Cost of Construction Changes in this Change Order 138,431.06 Adjusted Contract Amount Including this Change $1,109,019.80 Percentage Increase this Change Order 14.0 % Total Percent Increase to Date 14.0 Contingency Funds Used Yes Contingency Contingency Balance $ Extension of Time Allowed by this Change - 41 days This change order is hereby incorporated into and becomes a part of the Contract Documents. Accepted By Contractor: Evelyn Alema Digitally signed by Evelyn Aleman n Date: 2024.03.12 15:51:41-04'00' Accepted By RPW Director: Date: 3/12/2024 Date: 03.13.2024 Distribution: Contractor ❑ EOR/CEI ❑ Finance ❑ Project File ❑ RPW Form CO Department of Resilience and Public Works 444 SW 2nd Ave, 8th Floor Miami, Florida 33130 Revised 01 /03/24 Proposal for additional scope of work at NW llth Street - Overtown Greenway Phase 2 Quote To: Phone: Fax: Florida Engineering & Development Corp. 12076 NW 98 Avenue, Hialeah Gardens,FL,33018 Contact: Phone: Fax: City of Miami Evelyn Aleman / Jose Vega 305-820-8333 Scope includes Milling and Resurfacing, Remove and replace type F and D Curb, Striping and Signage Job Name: Date of Plans: Revision Date: Overtown Greenway Phase 2 ITEM DESCRIPTION QUANTITY UNIT AMOUNT 10 Mobilization 1.00 LS 20 Maintenance of Traffic 1.00 LS 30 Traffic Control Officer 16.00 HR 40 Quality Control / Testing 1.00 LS General conditions 14,325.41 50 2" F.C. 9.5 Milling & Resurfacing 3,810.00 SY Asphalt Paving 145,884.90 60 Striping 1.00 LS Striping 11,362.94 70 6" Sidewalk 92.00 SY 80 Type D Curb 343.00 LF 90 Type F Curb Reinforced 84.00 LF Concrete 25,194.48 100 Remove Sidewalk 92.00 SY 110 Remove Curb 427.00 LF Demolition 8,520.35 GRAND TOTAL 205,288.08 Page 1 of 1 c'tq * a j a. n: goag?e.com/maps(@25.784146,-80.2099429; 3a,75y,345.83h,54.69tfd t-13m6!1e?13m4}1GSPNybtD8RE LVa8Xdjcaag!2e4!716384?8i8192?entr; -ttu Miami, Florida • Google Street View Search Google Maps 1137 NW 8th Street Rd Miami, Florida • Google Street View Jan 2023 See more dates Hide imagery MILLING AND RESURFACING �+ • r.� r-may --..� e 1r � L 5pl" ryl B0 1240.42" W ehev 3,i. :4 City of Miami Department of Resilience and Public Works Change Proposal Request Part A Page1 of 2 CONTRACTOR: Florida Engineering and Dev. Corp. CPR NUMBER.: 06 ADDRESS: 12076 NW 98th Ave Hialeah Gardens, FI. 33018 Project Manager: Evelyn Aleman Fax No: PROJECT NO.: B173648/420917-2-58-01 PROJECT TITLE: Overtown Greenway at NW 11th St. from NW 7th Ave to NW 12th Ave Phone: 305-820-8333 E-mail: evelyn@floridaengineering.net This Change Proposal Request (CPR) is submitted requesting a Change Order to the Contract to increase/decrease the time for performance or the value of the Contract. DETAILED BASIS/SCOPE FOR CPR Please add a detailed description of proposed changes, including background, justification and exact location of installation. Failure to submit sufficient detail may result in the rejection of or delay in review of the CPR. Additional work requested by The City of Miami as follow: Description Qty Unit Total Amount General Conditions Mobilization 1 LS MOT 1 LS Traffic Control Officer 16 HRS Quality ControllTesting 1 LS Total General Conditions $ 14,325.41 Asphalt Paving 2" FC Milling and Resurfacing 3810 SY $ 145,884.90 Striping Striping 1 LS $ 11,362.94 Concrete Demolition Sidewalk Removal 92 SY Curb Removal 427 LF Total Concrete Removal $ 8,520.35 Concrete 6" Sidewalk 92 SY Type D Curb 343 LF Type F Curb 84 LF Total Concrete $ 25,194.48 10% Contingency $ 20,528.81 Total Amount: $ 225,816.89 FINANCIAL DATA Original Contract Value: $ 970,588.74 CPR Value: $ 225,816.89 Contract Amount Remaining: $ 87,385.83 Contract Amount Increase: $ 138,431.06 Increase/Decrease in time for Completion: 41 (calendar days) Current Completion Date: 4/29/2024 Proposed Completion Date: 6/10/2024 By signing and submitting this CPR the Contractor certifies that the supporting cost data is accurate and, in the opinion of the undersigned, the stated prices and/or time request are both fair and reasonable. The signatory certifies that they are authorized by the Contractor to execute this CPR. Name: Evelyn Aleman Title: Proiect Manager Evelyn y n Aleman e m a n Digitally signed by Evelyn Aleman Signature: Date: 2024.02.28 15:59:42 -05'00' Date of Submittal: 2/28/2024 RPW Form CPR -A Revised 01/03/24 CITY OF MIAMI Department of Resilience and Public Works (RPW) CONTRACTOR PAYMENT REQUISITION Payment Requisition No.: 7 ORIGINAL CONTRACT SUMMARY Work Performed From: 10/1/23 to 1/15/2024 Item No. Plan Description Quaniry Value Quantity Plan Unit Unit Price Contract Amount Completed Completed to S[ored 6 Prevous Value Quantity This Re Balance. Finish Quarrtiry p p Material Comp, Previous Reqz. This Req. Requisition [o Date Dale Rez. 2 3 s 7 3 10 11 12 13 14 15 13 Is 20 21 22 23 24 25 26 27 23 29 30 31 32 33 34 35 36 37 33 39 40 41 42 43 44 45 46 47 43 49 50 Mobilization 1 LS $ 100,000.00 $ 100,000.00 1.00 $100,000.00 100% 1.00 $100,000.00 $ - - Maintenance of Traffic 1 LS $ 25,511.00 $ 25,511.00 1.00 $ 25,511.00 100% 1.00 $25,511.00 $ - - Clearing and Grubbing 1 LS $ 132,000.00 $ 132,000.00 1.00 $132,000.00 100% 1.00 $132,000.00 $ - - Removal of Existing Concrete Pavement 2,118 SY $ 9.00 $ 19,062.00 1803.00 $ 16,227.00 85% 1803.00 $16,227.00 $ - 2,835.00 Type B Stabilization 2,815 SY $ 11.00 $ 30,965.00 2145.00 $ 23,595.00 76% 2145.00 $23,595.00 $ - 7,370.00 Milling Existing Asphalt Pavement (1"Average) 169 SY $ 23.00 $ 3,887.00 169.00 $ 3,887.00 100% 169.00 $3,887.00 $ - - Asphaltic Conc. Friction Course Traffic B (FC-9.5) (1" FC) 10 TN $ 725.00 $ 7,250.00 10.00 $ 7,250.00 100% 10.00 $7,250.00 $ - - Reinforced Cement Concrete Pavement, 9" Thick (Crosswalk item includes reinforcement, tooling, expansion joints) 265 SY $ 154.70 $ 40,995.50 43.00 $ 6,652.10 16% 43.00 $6,652.10 $ - 34,343.40 Manhole Adjust 6 EA $ 833.50 $ 5,001.00 2.00 $ 1,667.00 33% 2.00 $1,667.00 $ - 3,334.00 Valve Adjust 2 EA $ 341.60 $ 683.20 2.00 $ 683.20 100% 2.00 $683.20 $ - - Pull Box Adjust 22 EA $ 386.70 $ 8,507.40 22.00 $ 8,507.40 100% 22.00 $8,507.40 $ - - Pedestrian /Bicycle Railing (Steel) 159 LF $ 331.00 $ 52,629.00 159.00 $ 52,629.00 100% 159.00 $52,629.00 $ - - Concrete Curb and Gutter, Type F 297 LF $ 24.80 $ 7,365.60 297.00 $ 7,365.60 100% 297.00 $7,365.60 $ - - Concrete Valley Gutter 54 LF $ 21.40 $ 1,155.60 54.00 $ 1,155.60 100% 54.00 $1,155.60 $ - - Sidewalk Concrete, 6" Thick (includes tooling, expansion joints, integral color, and conc. Driveway) 2,150 SY $ 64.20 $ 138,030.00 2150.00 $138,030.00 100% 2150.00 $138,030.00 $ - - Detectable Warning 270 SY $ 1.10 $ 297.00 219.00 $ 240.90 81% 219.00 $240.90 $ - 56.10 Performance turf, sod (St. Augustine) 2,500 SY $ 6.30 $ 15,750.00 2167.00 $ 13,652.10 87% 2167.00 $13,652.10 $ - 2,097.90 Landscape Complete (Small plants, see below) 1 LS $ 32,010.00 $ 32,010.00 0.69 $ 21,954.00 69% 0.69 $21,954.00 $ - 10,056.00 Landscape Complete (Large plants, see below) 1 LS $ 30,050.00 $ 30,050.00 0.84 $ 25,115.00 84% 0.84 $25,115.00 $ - 4,935.00 Loop Assembly F&I Type F 2 AS $ 2,575.00 $ 5,150.00 1.00 $ 2,575.00 50% 1.00 $2,575.00 $ - 2,575.00 Single Post Sign, F&I, Less than 12 sf 6 AS $ 741.70 $ 4,450.20 $ - $ - 4,450.20 Single Post Sign, Remove 5 AS $ 20.60 $ 103.00 5.00 $ 103.00 100% 5.00 $103.00 $ - - Single Sign Post 5 AS $ 252.50 $ 1,262.50 5.00 $ 1,262.50 100% 5.00 $1,262.50 $ - - 12" Solid Traffic Stripe (While) 278 LF $ 3.80 $ 1,056.40 278.00 $ 1,056.40 100% 278.00 $1,056.40 $ - - 24" Solid Traffic Stripe (While) 161 LF $ 8.00 $ 1,288.00 137.00 $ 1,096.00 85% 137.00 $1,096.00 $ - 192.00 Directional Arrows 2 EA $ 134.00 $ 268.00 2.00 $ 268.00 100% 2.00 $268.00 $ - - Trash Receptacle (Furnish and Install) 10 EA $ 6,545.00 $ 65,450.00 10.00 $ 65,450.00 100% 4.32 $28,299.37 5.68 $ 37,150.63 - Bench (Furnish and Install) 10 EA $ 3,767.60 $ 37,676.00 10.00 $ 37,676.00 100% 10.00 $37,676.00 $ - - Pedestrian Lighting System, Complete (see lighting plans) 1 LS $ 113,500.00 $ 113,500.00 1.00 $113,500.00 100% 1.00 $113,500.00 $ - - Permitting Allowance 1 LS $ 1,000.00 $ 1,000.00 1.00 $ 1,000.00 100% 1.00 $1,000.00 $ - - Subtotal without Contingency 72,244.60 Contingency 10% 1 LS $ 88,235.34 $ 88,235.34 0.83 $ 73,094.11 83% 0.83 $73,094.11 $ - 15,141.23 CPR#1-Utility Permit, Tree Permit Application, Application Fee- $ 788.50- CPR#2- Pull Box (F&I), Water Meter Installation, Concrete Work, etc. $ 13,644.88- CPR#3- Concrete work, Milling, Paving, and Striping $ 58,660.73- CPR#4-Change in the scope of work due to a revision of the Lighting Plans by FPL. $0.00- CPR#5-Removal of the Trash Receptacles from the contract between FDOT and City of Miami $(65,450.00)- $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ORIGINAL CONTRACT VALUE $ 970,588.70 $ 883,202.91 $ - 0.91 $ 806,05228 $ 37,150.63 $ 87,385.83 Will use $72,244 60 remaining In the above nine it plus the $15,141 23 remaining in the contngenry to cover $87,335 83 from CPR #6. The remaining $138,431 06 from CPR#6 will be part of a c ntract ammentlment Additonally, we will secure a PO release from the CEI firm fora total of $188 76577. Change Proposal Request Part A Page 2of2 CONTRACTOR: Florida Engineering and Dev. Corp. CPR NUMBER.: 06 PROJECT NO.: B173648/420917-2-58-01 PROJECT TITLE: Overtown Greenway at NW 11th St. from NW 7th Ave to NW 12th Ave CPR VALUE: $ 225,816.89 City of Miami Review (CONTRACTOR DO NOT COMPLETE) Reason for Change: Regulatory ❑ City ❑X E/O ❑ Unforeseen ❑ By signing below the signatory has either concurred with or rejected the proposed CPR as submitted: FOR or CEI: ❑ Concur ❑ Rejected Name of Firm: Name Signature Date CITY OF MIAMI Project Manager: C� Concur ❑ Rejected Valdes Achmed Digitally signed by Valdes, Achmed Achmed Valdes Date: 2024.03.01 16:37:28-05'00' Name Signature Date Construction Manager: 0 Concur ❑ Rejected Lidia Duardo, P.E. Name siqned Duardo, Lidia o°,eJ,,,,a,o,souarclo ,;, 03/01/2024 Signature Date Chief Project Manager: I 1 Concur n Rejected Giraldo Marquez, P.E. Name Digitally signed by Marquez, Marquez, GiraldoGiraldo Date: 2024.03.08 15:51:08 -05'00' Signature Date Assistant Director: V Concur ❑ Rejected Gomez, Humberto Humberto Gomez, P.E., CPM Name Director: Juvenal Santana, P.E., CFM Name Digitally signed by Gomez, Humberto Date: 2024.03.08 17:48:37 -05'00' Signature Date IXI Concur ❑ Rejected Santana Juvenal Digitally signed by Santana, Juvenal i Date: 2024.03.12 10:41:51 -04'00' Signature Date RPW Form CPR -A Revised 01/03/24 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: March 15, 2024 FILE: City Manager SUBJECT: Additional Work Concerning Overtown Greenway along NW 11 Street REFERENCES: ITB No 20-21-004 DDacuSigned by: AV-UAA �atttatn.a 78D18AEF54464BE Juvenal Santana, Y. ., U.F.M. ENCLOSURES: Director Department of Resilience and Public Works By this memorandum, Resilience and Public Works is requesting to amend the Overtown Greenway along NW 11 Street ("Contract") authorized pursuant to ITB 20-21-004 to increase the contract capacity. It is necessary to increase the capacity of the contract by one hundred thirty-eight thousand four hundred thirty-one Dollars and six cents ($138,431.06) to award the additional scope of work to cover new 2" asphalt and ADA ramp improvement on NW 11 Street between NW 8 Avenue and NW 12 Avenue. BACKGROUND: On April 8, 2022, Procurement issued an Invitation to Bid (ITB) No 20-21-004 under full and open competition to obtain bids from qualified firms. After Procurement conducted its due diligence, on October 13, 2022, the contract was awarded to Florida Engineering and Development for a not -to -exceed contract value of $970,588.74 for NW 11 Street between NW 7 Avenue and NW 12 Avenue. Consequently, and after deliberate review of the final proposal by City staff, it was determined that the proposed price is in line with current market conditions, and it is recommended for approval. DocuSigned by Approved• C(464, N0F` Date: March 23, 2024 14:41:47 EDT • 858CF6C372DD42A... Arthur Noriega V, City Manager C: Larry Spring, C.P.A., Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Fernando V. Ponassi, MA Arch., MA PPA, LEED AP, Assistant Director, Procurement