HomeMy WebLinkAboutExhibit BCITY OF MIAMI
OFFICE OF CAPITAL IMPROVEMENTS
CHANGE ORDER AND FINAL SETTLEMENT AGREEMENT
TO THE AGREEMENT WITH CHEROKEE ENTERPRISES, INC.
FOR CURTIS PARK ENVIRONMENTAL PROJECT - D1
The Parties to this Change Order No. 1 and Final Settlement Agreement ("Final
Settlement"), the City of Miami ("City") and Cherokee Enterprises, Inc. ("Cherokee") (collectively
the "Parties"), in consideration of the promises set forth herein, enter into this Agreement as
follows:
WHEREAS, on December 29, 2016, pursuant to the City's Procurement Code Section
18-87 and Invitation to Bid ("ITB") 15-16-037, and as authorized by Resolution 16-0566,
adopted by the City Commission on November 17, 2016, the City Manager executed an
agreement ("Agreement") with Cherokee on December 29, 2016, for the provision of
environmental remediation services for Curtis Park Environmental Remediation Project ("Project
No. 40B-40610"), in an amount not -to -exceed $4,361,500.00; and
WHEREAS, while the original construction schedule of Project No. 40B-40610 required
that the park facility be shutdown prior to commencement, the District 1 Commissioner and the
City requested that certain areas of the park remain open during construction, which resulted in
the Project being completed in phases; and
WHEREAS, due to damages caused by Hurricane Irma during construction, unforeseen
conditions arose including repairs to said damages, additional remediation work conducted on
the southeast corner of the park as required by the Miami -Dade County Division of
Environmental Resources Management (DERM),and site furnishings and fencing work needed
to secure the facility, and
WHEREAS, construction of Project No. 40B-40610 was completed, and a Building
Certificate was issued on July 12, 2018; and
WHEREAS, the original contract value was no longer sufficient to compensate Cherokee
for the additional cost of the phased activities as requested by the District 1 Commissioner and
the City, as well as damages resulting from Hurricane Irma; and
WHEREAS, it is in the best interest of the City to increase the capacity under the
Agreement to account for work previously completed by Cherokee at the request of the City,
and
WHEREAS, this Final Settlement increases the capacity of the Agreement by a not -to -
exceed amount of $227,740.19, which will increase the original awarded amount of
$4,361,500.00 to a total not -to -exceed amount of $4,589,240.19; and
WHEREAS, the City Commission has adopted Resolution No. , authorizing
the Final Settlement and the corresponding increase in the Compensation Limit; and
WHEREAS, the City and Cherokee have agreed to settle all disputes on change orders
in consideration of, and in accordance with, the terms and conditions set forth herein;
NOW THEREFORE, in consideration of the foregoing, the Parties hereby execute this
Final Settlement to reflect the following changes:
Section 2.05-1 Compensation Limit is hereby increased by two hundred twenty-seven
thousand seven hundred forty dollars and nineteen cents ($227,740.19), thereby
increasing the original contract value from a not -to -exceed amount of Four Million Three
Hundred Sixty -One Thousand Five -Hundred Dollars ($4,361,500.00), to a not -to -exceed
amount of Four Million Five Hundred Eighty -Nine Thousand Two Hundred Forty Dollars
and Nineteen Cents ($4,589,240.19).
All other terms and conditions of the Agreement are in operative force and effect and remain
unchanged.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and
year first above written.
WITNESS/ATTEST:
CHEROKEE ENTERISES, INC.,
a Florida Corporation
Signatu Sign/76re
11c.b(i . SC- t ri 1%t4 e 6SiW4 Al'{ Ui.' 6,)OIL&cJ ? L'!. c PRer'SE0\91
Print Name, Title Print Name, Title of Authorized Officer or Manager
ATTEST: (Corporate Seal)
Corporate Secretary
(Affirm Corporate Seal, if available)
ATTEST:
CITY OF MIAMI, a municipal corporation of
the State of Florida
Todd B. Hannon, City Clerk Arthur Noriega V, City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
Ann -Marie Sharpe, Director Victoria Mendez, City Attorney
Risk Management Department
CERTIFICATE OF AUTHORITY
(IF CORPORATION OR LLC)
I HEREBY CERTIFY that at a meeting of the Board of Directors
of , a corporation organized and existing under the laws of the State
of , held on the day of
, a resolution was
duly passed and adopted authorizing as
(Name)
of the corporation to execute agreements on
(Title)
behalf of the corporation and providing that his/her execution thereof, attested by the secretary
of the corporation, shall be the official act and deed of the corporation.
I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
20
Secretary:
Print:
NOTARIZATION
STATE OF )
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20 , by , who is personally
known to me or who has produced as identification and who
(did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC