HomeMy WebLinkAboutAmendments - Metro ExpressCITY 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 ("JOC") for Horizontal and Vertical
Construction, Contract #13-889 dated April 26, 2013 (the "Contract") between the City of Miami,
a municipal corporation of the State of Florida ("City"), and Metro Express, Inc., ("Contractor") a
Florida corporation, for the provision of maintenance nd construction services for miscellaneous
projects is entered into this dq day of %i'1i'-x- '. , 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
pursuantto 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.
(SEAL).
ATTEST:
By: By:
Todd Ha non, City Clerk . Daniel J. Alfonso, City Myq.e
THE CITY OF MIAMI, FLORIDA
CITY OF MIAMI, FLORIDA, a municipal
Corporation of the State of Florida
APPROVED AS TO LEGAL FORM AND APPRO
CORRECTNE S: REQ
By:
ndez, City A t rney w2)-
ATTEST:
By: k
Corporate Secretary
(Affix Corporate Seal)
URA
Ann -Ma Shar e, Director
Risk Mthbagem -nt Department
CONTRACTOR
(Signature)
Pc,
(Name and Title)
2
CITY 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 Contract ("JOC") for Horizontal Construction, Contract #
13-889 dated April 26, 2013 (the "Contract") between the City of Miami, a municipal corporation
of the State of Florida ("City"), and Metro Express, Inc., ("Contractor") a Florida corporation, for
the provision of maintenance and construction services for miscellaneous projects is entered into
this 2' day of C , 2015.
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 amount of $2,000,000.00 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
WHEREAS, Resolution No. 15-0027, authorized an Amendment No. 1 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 annually, to
cover the costs for continuing vertical construction work; and
WHEREAS, 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 term or any
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 of the 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
Payment and Performance Bond shall be substantially in the form prescribed by Section
1
255.05, Florida Statutes, and shall be subject to the review and approval of the City
Manager or Director of Risk Management. Any material deviation from the prescribed form
of bond or required amount of the bond will be rejected.
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, or 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 doliar 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 and
form satisfactory to the City.
The Contractor shall incorporate all costs for complying with the Payment and
Performance Bond requirements of the Contract in its overhead assumptions and
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 Contract's
bonding requirements.
The City must be listed as an Obligee.
Pursuant to the requirements. of Section 255.05(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
Management, 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 completion and acceptance
of the Work. The security furnished must be from a surety or bank authorized to transact
business. in Florida.
All other terms and conditions of the JOC Contract, as amended, continue in
operative force and effect and remain unchanged.
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(SEAL)
ATTEST:
THE CITY OF NIIAIVII, FLORIDA
Todd B. Hannon, City Clerk
APPRO ED AS TO LEGAL FORM AND
CORRE TNE S:
CITY OF MIAMI, FLORIDA, a municipal
Corporation of the State of Florida
By:
elw
Daniel J. Alfonso, City Manager
APPRO ASTO E
REQ IPEMENTS:
By: By:
Vi oria Melidez, City Attor
ATTEST:
ByTLLr
Corporate Secretary
(Affix Corporate Seal)
Ann -Mar) Sh rpe, Director
Risk linage ent Department
CONTRACTOR
METRO EXPRESS, INC.
9442 NW 109th Street
Medley, FL 33178
By:
(Signature)
pk err S 7,3
Name and Title)
3
CITY OF MIAMI,
CAPITAL IMPROVEMENTS PROGRAM
AMENDMENT NO. 1 TO THE JOB ORDER CONTRACTS (JOC) FOR HORIZONTAL AND
VERTICAL CONSTRUCTION
This Amendment No. 1 to the Job Order Contracts ("JOC") for Horizontal and Vertical
Construction, Contract No. 13-889 dated April 26, 2013 (the "Contract") between the City of
Miami, a municipal corporation of the State of Florida (City'), and Metro Express, Inc.,
("Contractor") a Florida corporation, for the provision of maintenance and construction services
for miscellaneous projects is entered into this ,,2•0 day of Ocirt:/r) , 2015.
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
WHEREAS, 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, 13-889 as follows:
The amount of compensation payable by the City to JOC Contractor shall generally be
Iump 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 he Contract are in operative force and effect and
remain unchanged.
(SEAL.)
THE CITY OF MAK FL9RDA
CITY OF MIAMI, FLORIDA, a municipal
Corporation of the State of Florida
ATTEST:
By: By:
Todd nnon, City Cferk Daniel J. Al
APPROVED AS TO LEGAL FORM AND APPROVED A
CORRECTNESS: REQUIREME
By:
Victoria Moidez, City Att
ATTEST:
By:
By:
Ann arie
Risk' ana
CONTR CTOR
Corporate Secretary
(Affix Corporate Seal)
METRO EXPRESS, INC.
By:
(Signature)
(Name and Title)
2