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HomeMy WebLinkAboutExhibitTHIRD OPTION TO RENEW CONTRACT Between CITY OF MIAMI AND JVA ENGINEERING CONTRACTOR, INC. This Third Option to renew to the Contract ("Third Option to renew") is made and entered into this day of , 2015, (but effective as of the date stated on the Notice to Proceed, "Effective Date") by and between the City of Miami, Florida, a municipal corporation of the State of Florida, whose principal address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 ("the City") and JVA Engineering Contractor, Inc., a Florida corporation, whose principal address is 6600 NW 32nd Avenue, Miami, Florida, 33147, (the "Contractor"). WITNESSETH: WHEREAS, pursuant to Resolution No. R-12-0497, adopted by the Miami City Commission on December 13, 2012 (the "Authorizing Resolution"), the City Commission accepted the bid of JVA Engineering Contractor, Inc. (the "Contractor"), and entered into a Contract for "installation and repair of the Storm Sewer Systems" for a one (1) year period in an annual amount not to exceed Nine Hundred Ninety Five Thousand, Eight Hundred Fifty Five Dollars ($995,855.00); and WHEREAS, the Contract provided for up to four (4) additional one (1) year options to renew, in an annual amount not to exceed Nine Hundred Ninety Five Thousand, Eight Hundred Fifty Five Dollars ($995,855.00) for each such option year, subject to the availability of funding and Contractor's performance; and WHEREAS, the City Manager is exercising its Third option to renew and increasing the Contract amount for the current term and its remaining contract terms in order to have great flexibility in expeditiously constructing the backlog of drainage improvement projects. WHEREAS, the Contractor is willing to provide the Services under the same terms and conditions set forth in the Contract, in an amount not to exceed Nine Hundred Ninety Five Thousand, Eight Hundred Fay -Five -Dollars ($995,855.00) Two Million Dollars ($2,000,000.00) NOW, THEREFORE, in consideration of the foregoing, and the promises and covenants contained herein the parties hereby amend the Contract as follows: 1. ARTICLE 2. CONTRACT SUM: Article 2 of the Contract is amended to exercise the Third option to renew in an annual amount not to exceed Nine Hundred Ninety Five Thousand, Eight Hundred Fifty Five Dollars ($995,855.00) Two Million Dollars ($2,000,000.00) for Fiscal Year 2016. Should the City Manager decide to exercise the remaining option available, the annual amount will be as follows: The fourth and final option to renew in an annual amount of Nine Hundred Ninety Five Thousand Eight Hundred Fifty Five Dollars ($995,855.00) Two Million Dollars ($2,000,000.00) during Fiscal Year 2017. 2. ARTICLE 7. THE CONTRACT TERM: Article 7 of the Contract is amended to include the term for the Third option to renew to be one (1) year beginning on the date stated on the Notice to Proceed, hereby incorporated by reference. 3. RECITALS, INCORPORATIONS, AND UPDATED REQUIREMENTS: The recitals are true and correct and are hereby incorporated into and made a part of this Third Option to renew. The City's Authorizing Resolution No. R-12-0497, the Contract and its Amendments, Notice to Proceed, and all attachments thereto are hereby incorporated, made a part of this Third Option to renew, and attached hereto as "Composite Exhibit A", including: the City's IFB and supporting documentation as Exhibit "A" to the original Contract. Contractor's updated insurance requirements, bonding requirements, and corporate authorization are hereby incorporated, made a part of this Third Option to renew and attached hereto as Composite Exhibit "B." This Third Option to renew, The Contract and its Amendments, including all Exhibits hereto shall collectively form the agreement between the parties. 4. CONTRACT TERMS: Except as specifically modified herein, all terms and conditions, representations, warranties, and covenants of the Contract remain unchanged and in full force and effect. 5. PUBLIC RECORDS REQUEST: Pursuant to the provisions of § 119.0701 Fla. Stat. Contractor must comply with the Florida public records laws, specifically the Contractor must: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency.