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)
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