HomeMy WebLinkAboutExhibitCITY OF MIAMI
DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT
AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT
WITH POSEIDON DREDGE & MARINE, INC.
FOR VIRGINIA KEY BOAT LAUNCH AND TRAILER PARKING — D2
This Amendment No. 1 to the construction contract between the City of Miami, a municipal
corporation of the State of Florida ("City"), and Poseidon Dredge & Marine, Inc. ("Contractor"), a
Florida Profit Corporation, for the provision of construction services for Virginia Key Boat Launch
and Trailer Parking ("Services") for the Department of Real Estate and Asset Management
("DREAM") is entered into this day of , 2024.
RECITALS
WHEREAS, pursuant to the City's Procurement Code Section 18-85, "Competitive
Sealed Bidding" and Invitation to Bid ("ITB") No. 19-20-013, the City Manager executed
a construction contract with the Contractor for Nine Hundred Seventy Seven Thousand
Five Hundred Seventy Three Dollars And Eighty Cents ($977,573.80); and
WHEREAS, the current Compensation Limit is insufficient to address the costs
associated with the market industry increase to the Project; and
WHEREAS, it is in the best interest of the City to increase the existing capacity of the
Contract with the Contractor for the Project to be successful; and
WHEREAS, this Amendment No. 1 to the contract increases its existing capacity by
Eight Hundred Forty Six Thousand Fifty Four Dollars and Forty Nine Cents ($846,054.49),
thereby increasing the existing capacity of the Contract from Nine Hundred Seventy Seven
Thousand Five Hundred Seventy Three Dollars and Eighty Cents ($977,573.80), to One Million
Eight Hundred Twenty Three Thousand Six Hundred Twenty Eight Dollars and Twenty Nine
Cents ($1,823,628.29); 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 Contract with Poseidon Dredge & Marine, Inc. for
Virginia Key Boat Launch and Trailer Parking — D2
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,
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
contract value is One Million Eight Hundred Twenty Three Thousand Six Hundred
Twenty Eight Dollars and Twenty Nine Cents ($1,823,628.29)
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 the 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 contract are in operative force and effect and remain
unchanged.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Amendment No. 1 to the Contract with Poseidon Dredge & Marine, Inc. for
Virginia Key Boat Launch and Trailer Parking — D2
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day
and year first above written.
WITNESS/ATTEST: Poseidon Dredge & Marine, Inc., a
Florida Prot Cor.oration
Signature
Print Name, Title
ATTEST:
Consultant Secretary
(Affirm Consultant Seal, if available)
nature
Mt( a 0
Print Name, Title of Authorized Off er or anager
(Corporate Seal)
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:
Ann Marie -Sharpe, Director Victoria Mendez, City Attorney
Risk Management Department
Amendment No. 1 to the Contract with Poseidon Dredge & Marine, Inc. for
Virginia Key Boat Launch and Trailer Parking — D2
CERTIFICATE OF AUTHORITY
(IF CORPORATION OR LLC)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
Apncrz.,r,,w.n a corporation organized and existing under the laws of the State of
006,0 h ld on the t j day of 1%luerka.4, 2013 a resolution was duly passed and adopted
authorizing (Name) ix G evw.. 0 as (Title) CCp 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 WITNS WHEREOF, I have hereunto set my hand this% day of �l(krCi()
20�1.
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.
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 Contract with Poseidon Dredge & Marine, Inc. for
Virginia Key Boat Launch and Trailer Parking — D2
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 OF9pcc\0.. )
SS:
COUNTY OF car, )
` The foregoing instrument was acknowledged before me this day of
1 tit(CY\ , 20-1'. by u\4 i" avuefi, )
to me or who has produced
did not)itake an oath.
SIG NATUR O'F NOTARY PUBLIC
STATE OFt,c-\ok
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
, who is personally known
as identification and who (did /
LORI TANNER
',. Commission # NH 065187
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