HomeMy WebLinkAboutExhibit - Metro ExpressCITY OF MIAMI
CAPITAL IMPROVEMENTS AND TRANSPORTATION PROGRAM
AMENDMENT NO. 4 TO THE JOB ORDER CONTRACTS (JOC) FOR HORIZONTAL AND
VERTICAL CONSTRUCTION
WITH METRO EXPRESS, INC.
This Amendment No. 4 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 day of , 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, Resolution Number 15-0027, authorized 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
$5,000,000.00 annually, to cover the costs for continuing vertical construction work; and
WHEREAS, Amendment No. 2, revised Article 8, Performance and Payment Bond,
Section 2, General Terms and Conditions, to reflect Florida Statute 255.05(g)(1), mandating
JOC Contractors to furnish Performance and Payment Bonds equal to one hundred percent
(100%) of contract value for all JOC Contracts, and
WHEREAS, Amendment No. 3, added Article 26, Provisions for Tax Exempt
Transactions/Direct Materials Purchasing for Construction Projects, Section 3, Supplemental
Terms and Conditions, establishing 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, and
WHEREAS, it has been determined that it is in the City's best interest to increase the
annual expenditure limit for horizontal construction, Contract No. 13-889, by $2,000,000.00, to a
total not -to -exceed amount of $6,000,000.00 to cover the costs for continuing horizontal
construction work for the Miami Marine Stadium Restoration project; 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:
1
Compensation Limits
Hereby amending Article 3, Contract Term; Contract Price, Section 2, General Terms
and Conditions, Contract No. 13-889:
The amount of compensation payable by the City to the 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 Six Million Dollars
($6,000,000.00) for horizontal construction, during the first one year option to extend
contract term. The Six Million Dollars ($6,000,000.00) shall be a guaranteed maximum
above which the City shall have no liability to pay any further cost, fee, expense or
charge, absent a prior enabling amendment.
Any extension(s) or modification(s) shall be put into effect by written amendment to the
construction contract. The City may, at its sole discretion use other compensation
methodologies.
All other terms and conditions of the Contract are in operative force and effect and remain
unchanged.
2
THE CITY OF MIAMI, FLORIDA
CITY OF MIAMI, FLORIDA, a municipal
Corporation of the State of Florida
(SEAL)
ATTEST:
By: By:
Todd B. Hannon, City Clerk Daniel J. Alfonso, City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
By: , By:
Victoria Mendez, City Attorney Ann -Marie Sharpe, Director
Risk Management Department
CONTRACTOR
METRO EXPRESS, INC.
ATTEST:
By: By:
Corporate Secretary (Signature)
(Affix Corporate Seal) (Name and Title)
3