Loading...
HomeMy WebLinkAboutAmendments - Harbour Const.CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM AMENDMENT NO. 3 TO THE JOB ORDER CONTRACTS (JOC) FOR HORIZONTAL AND VERTICAL CONSTRUCTION This Amendment No, 3 to the Job Order Contracts ("JOG') for Horizontal and Vertical Construction, Contract ## 13-952 dated May 1, 2013 (the "Contract") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Harbour Construction, Inc., ("Contractor") a Florida corporation, for the provision of maintenance and construction services for miscellaneous projects is entered into this day of AV V5-1-- , 2015. RECITALS WHEREAS, it has been determined that it is in the City's best interest to establish provisions for tax exempt transactions/direct materials purchasing for construction projects .as authorized pursuant to Section 212.08(6), Florida Statutes and Department of Revenue Rule 12A-1.094, Florida Administrative Code; NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Contract as follows: 1. The attached Supplemental Terms and Conditions are hereby added as Item No. 26 in Section 3, Supplemental Terms and Conditions of the Job Order Contracts (JOC) for Horizontal and Vertical Construction, Bid No. 11-12-017. 2. All other terms and conditions of the Contract are in operative force and effect and remain unchanged. 1 (SEAL) ATTEST: By: Todd Hannon, City Clerk THE CITY OF MIAMI, FLORIDA CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida By: aniel J. Alfonso, City Manag APPROVD 8 TO LEGAL FORM AND APPROV CORRECT ' REQUI z, City Attorney ATTE T: By: Corpor S cretary (Affix Corporate Seal) Ann.Mari Sharpe Director Risk Ma gemen Department • CONTRACTOR By: 1-9' (Signature) (Name and Title) 2 gITY OF MIAMI, CAPITAL IMPROVEMENTS PROGRAM, AMENDMENT NO. 2 TO THE JOB ORDER, CONTRACTS (JOC FOR HORIZONTAL AND VERTICAL CONSTRUCTION . This Amendment No. 2 to the Job Order Contracts ("JOC") for Horizontal and Vertical Construction, Contract # 13-954 and Contrstot # 13-052 dated May 1, 2013 (the "Contract") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Harbour Constrootion, Inc,, ("Contractor") a Florida corporation, for the provision ofiyj,aintenaroe and construction services for miscellaneous projects Is entered into this te day of , 2015. RECITALS WHEREAS, Resolution Number 13-0089 authorized the City Manager to execute fifteen (15) JOC contraots, pursuant to Invitation to Bid No, 11-12-017, in the Amount of S2,000,000.00 for horizontal (right of way) construction, and $2,500,000,00 for vertical (building) construction for the Scope of Work included in the original contract; and VVHEREAS, Resolution No. 15-0027, authorized an Amendment No. 1 to increase the annual expenditure limit for horizontal contraots by $2,000,000,00, to a total not -to -exceed amount of $4,000,000,00 annually, to cover the costs for continuing horizontal construction work, and for vertical contraots by $2,500,000,00, to a total not -to -exceed amount of $5,000,000 annually, to cover the costs for continuing vertical construction work; and VVHEREAS, Pursuant to Florida Statutes 255.05(g) (1), the amount of the bond shall equal the contract price, except that for a contract in excess of $250 million. NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement, effective immediately, as follows: Article 8, Performance and Payment Bond, Section 2, General Terms and Conditions is hereby deleted in its entirety and replaced with the following to reflect a change (underlined) in the Performance and Payment Bond requirements: Article 8, Performance and Payment Bond Section 2, General Terms and Conditions The Contractor, with the submission of its first Price Proposal, during the initial terra or eny subsequent option to renew periods, shall furnish a Performance Bond and Payment Bond ("Bond") containing all the provisions of the attached Performance Bond and Payment Bond forms. Failure to provide the Bonds shall result in removal ofthe Contractor from the JOC Program. The initial Bond shall be in the amount equal to one hundred percent 100% of the estimated annual value of each contract (horizontal construction contract and vertical construction contract) guaranteeing to City the completion and performance of the Work covered In the Contract Documents as well as full payment of all suppliers, labOrers, or Subcontractors employed for ProJect(s) issued under the JOC Program.. Each Bond shall be with a Surety, which is qualified pursuant to Article .9, Qualification of Surety, The j ;a y and e f rm 7ce B d shall, be substantially.intb 1Qrin prescribed by Sac„ iar. 25,05, Florida Statutes; Arad shall a sub eel to s rev e r a ill City Manager or Director Risk. Maraage.ment, Any materialdeviation from the;, reseribed farm of bond or .rewired amount of the bond will be relected, The Bonds shall continue in effect for one year after Final Completion and acceptance of each Project with liability equal to one hundred percent (100%) of the dollar value of Purchase Orders issued under the Contract, o.r an additional bond shall be conditioned that. Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Project(s), If for any reason, In the event the City increases the dollar value of,the contracts, such bond amounts cease to be adequate to cover the dollar value of Job Orders issued and/or uncompleted Work, the Contractor shall, at Its own expense, furnish an additional bond or bonds; In such event, no further payments to the Contractor shall be deemed to be due, or new Job Orders issued under the Contract until such new or additional security for faithful performance and payment Is furnished by the Contractor in amount, manner arid form satisfactory to the City. The Contractor shall incorporate all costs 'for complying with the Payment and Performance Fond requirements of the Contract in its overhead assumptions end calculations incorporated into Its Adjustment Factor at the time of Bid, No other means of compensation shall be provided to the Contractor for the compliance with the Contraot's bonding requirements, The City must be listed as an Obligee. Pursuant to the requirements of Section 265,05(1)(a), Florida Statutes, as amended from time to time, Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide City with evidence of such recording. Alternate Form of Security: In lieu of a Performance/Payment Bond, Contractor may furnish alternate forms of security, which may be In the form of cash, money order, certified check, cashier's check or irrevocable/ unconditional letter of credit In the form attached. Such alternate forms of security shall be subject to the prior approval of City Manager or the Director of Risk tiprtagemen, and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completionand accepienoe of the Work. The security furnished must be from a, surety or bank authorized ttransact business in Florida, All other terms and conditions of the JOC Contract, as amended, continue in operative force and effect and remain unchanged. 2 ATTEST: By: T I C TY OF MIAML FL Rio (SEAL) Todd B Hannon Clty Clerk APPROVED AJ3-Tq LEGAL FORM AND CORRECTNESS: ( Ictoriaende it Attorney (Affix Corporate Seal). CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida Daniel J. Alfon APPROV 'D RECUR Ann.Marie Sharpe, Director Risk Ma agemen Department CE HARBOUR CONSTRUCTION, INC. 6300 NE 4th Court Miami, FL 33138 By:, (Signature) jc,014,5 IA 1 (Name and Title) /IA CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM AMENDMENT NO. 1 TO THE JOB ORDpR CONTRACTS (JOC') FOR HORIZONTAL AND VERTICAL CONITRUCTION This Amendment No. 1 to the Job Order Contracts ("JOC") for Horizontal and Vertical Construction, Contract No. 13-954 and Contract No. 13-952 dated Mav 1, 2013 (the "Contract") between the City of Miami, a municipal Corporation of the State of Florida ("city'), and Harbour Construction, Inc, ("Contractor") a Florida corporation, for the provision ofpaintenance ancj constr,uction services for miscellaneous projects is entered Into this 1 '—'16 day of 1—e• , 2016. RECITALS WHEREAS, Resolution Number 13-0089 authorized the City Manager to execute fifteen (15) JOC contracts pursuant to Invitation to Bid No. 11-12-017, in the total amount of $2,000,000.00 for horizontal (right of way) construction and $2,500,000.00 for vertical (building) construction respectively for the Scope of Work included in the original contract; and WHEREAS, it has been determined that it is in the City's best interest to increase the annual expenditure limit for horizontal contracts by $2,000,000.00, to a total not -to -exceed amount of $4,000,000.00 annually, to cover the costs for continuing horizontal construction work, and for vertical contracts by $2,500,000.00, to a total not -to -exceed amount of $5,000,000.00 annually, to cover the costs for continuing vertical construction work; and VVHEREAS, the City Commission has adopted Resolution No. 15-0027 to approve the corresponding increase in the Compensation Limits; NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Contract as follows: 1. Compensation Limits Hereby amending Section 2.3 titled Contract Term; Contract Price of Contract No. 13-954 and Contract No, 13-952 as follows: The amount of compensation payable by the City to JOC Contractor shall generally be lump sum or not -to -exceed fee, based on the rates and schedules established in the original contract, which by this reference is incorporated into this Amendment; provided, however, that in no event shall the amount of compensation exceed Four Million Dollars ($4,000,000.00) annually for horizontal contracts and Five Million Dollars ($5,000,000.00) annually for vertical contracts; and Any extension(s), unless explicitly approved by action of the City Commission or City Manager as applicable, shall be put into effect by written amendment to the construction contract, The City may, at its sole discretion use other compensation methodologies. 2. All other terms and conditions of the Contract are in operative force and effect and remain unchanged. ATTEST: • By: THE CITY OF MANI!, FLORIDA (SEAL) Todd 3. Hannon, City Clerk APPROVED AS TO LEGAL FORM AND CORR OTNESS: ctoria M nclez, City Attorn ATTE T; By: Corp e Secretary (Affix Corporate Seal) CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida By: Daniel J. Alfa Manager APPROVED AS TO INSURANCE REQUIREM NTS: By: Ann -Marie Shar Risk Managemen CONTRACTOR tor partment HARBOUR CONSTRUCTION, INC. By: (Signature) Penh) Toh.n, Polder) I (Name and Title) 2