HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI
DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT
CHANGE ORDER NO. 1 TO THE AGREEMENT WITH
KEARNS CONSTRUCTIONI CO. FOR DESIGN -BUILD SERVICES FOR
DINNER KEY MARINA REPAIRS AND RESTORATION - D2
The Parties to this Change Order No. 1 ("Change Order"), the City of Miami ("City") and
Kearns Construction, Co. ("Kearns") (collectively the "Parties"), in consideration of the promises
set forth herein, enter into this Agreement as follows:
WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-87 and
Request for Proposals ("RFP") 18-19-005, and as authorized by Resolution No. 19-0205,
adopted by the City Commission on May 23, 2019, the City Manager executed an agreement
("Agreement") with Kearns Construction, Co. ("Kearns") for the provision of Design -Build
Services for Dinner Key Marina Repairs and Restoration - D2 ("Project"), in an amount not -to -
exceed $22,488,038.00; and
WHEREAS, the original contract value does not have sufficient funds to compensate
Kearns for the cost of the additional scope items; and
WHEREAS, it is in the best interest of the City to increase the capacity under the
Agreement; and
WHEREAS, the Director of the Department of Real Estate and Asset Management
(DREAM) has submitted to the Chief Procurement Officer a full written explanation of the
additional construction work; and
WHEREAS, this Change Order No. 1 increases the capacity of the Agreement by a not -
to -exceed amount of $300,000.00, which will increase the original awarded amount of
$22,488,038.00 to a total not -to -exceed amount of $22,788,038.00; and
WHEREAS, funds are allocated from Dinner Key Marina Capital Project No. 40-B193402.
NOW, THEREFORE, in consideration of the foregoing, the Parties hereby execute this Change
Order to reflect the following:
1) Compensation Limit: The contract compensation limit is hereby increased by three hundred
thousand dollars ($300,000.00), thereby increasing the original contract value from a not -to -
exceed amount of twenty-two million four hundred and eighty-eight thousand and thirty-eight
dollars ($22,488,038.00), to a not -to -exceed amount of twenty-two million seven hundred and
eighty-eight thousand and thirty-eight dollars ($22,788,038.00).
2) Contract Term: The original contract term of six hundred and twenty (620) calendar days to
achieve substantial completion is hereby extended by one hundred and eighty days (180).
Based on the Notice to Proceed issued on July 8, 2019, the new Substantial Completion date is
September 15, 2021.
3) Counterparts: Electronic Signatures: This Agreement and any change orders hereto may be
executed in counterparts and all such counterparts taken together shall be deemed to constitute
one and the same instrument, each of which shall be an original as against either party whose
signature appears thereon, but all of which taken together shall constitute but one and the same
instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the
same force and effect as an original. The parties shall be entitled to sign and transmit an
electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission),
which signature shall be binding on the party whose name is contained therein. Any party
providing an electronic signature agrees to promptly execute and deliver to the other parties an
original signed Agreement upon request.
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 on the
day of of 2021.
WITNESS/ATTEST: KEARNS CONSTRUCTION, CO.,
a Florida Profit Corporation
Signature
r i �de. C.YJ a, ken,
Pr
int Narr'ie Title
Signature
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 REBY , CERTIFY that at a meeting of the Board of Directors
of Z ',aa ca poration org ized and existing under the laws of the State
of _- { p-�"�° � , held on the day of , a resolution was
duly passed and adopted authorizing b
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 ii'` day of J((1( ,
20%(.
Secretary:
Print: yAYYIQ j T roc s' riftin
NOTARIZATION
STATE OF FLC)21 )
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COUNTY OF /! -LW+✓ )
The foregoing instrument was acknowledged before me this ` day of
, 20'Lf , by 10Y{r\ eot r ' , who is pscnaily
known to me or who has produced 1
(did / did not) take an oath.
4` '
S NATURE OF NOTARY PUBLIC
v ATE ti Ur-t C.
O/}F�FLORIDA
LO RI DA �, �} !j
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PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
as identification and who
Notary Public State of Florida
Yusleidy De La Caridad
Vazquez Suarez
My Commission NH 033993