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HomeMy WebLinkAbout25086AGREEMENT INFORMATION AGREEMENT NUMBER 25086 NAME/TYPE OF AGREEMENT FLORIDA ENGINEERING & DEVELOPMENT CORP. DESCRIPTION AMENDMENT NO. 1 TO CONSTRUCTION SERVICES CONTRACT/OVERTOWN GREENWAY AT NW 11 TH ST FROM NW 7TH AVE TO NW 12TH AVE/FILE ID: 15880/R-24- 0206/MATTER ID: 24-816 EFFECTIVE DATE July 16, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/16/2024 DATE RECEIVED FROM ISSUING DEPT. 7/17/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON:Luis Caseres/Max Sagesse EXT. 1913 NAME OF OTHER CONTRACTUAL PARTY/ENTITY Florida Engineering and Development Corp. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? YES NO CONTRACT AMOUNT: $1,109,019.80 FUNDING INVOLVED? ❑ YES L NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GRANT AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LEASE AGREEMENT ❑ LICENSE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Amendment No. 1 PURPOSE OF ITEM (BRIEF SUMMARY Amendment No. 1 to ITB 20-21-004 Overtown Greenway at NW 11th Street COMMISSION APPROVAL DATE: 05/23/2024 FILE ID: 15880 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ENACTMENT NO.: R-24-0206 ROUTING` INFORMATION Date Signature/Print APPROVAL BY DEPARTMENTAL DIRECTOR Reviewed b y FP. OK to proceed. June 24, 2024 And P : Sebe?29 EDT (—DocuSigned by: " �� SUBMITTED TO RISK MANAGEMENT June 25, 2024 Ann -Marie Sharpe I 06: 55:21 EDT �9954B&B 73CAe46a... ,--DocuSigned by: II ��"" �O FratAk (K1t/5 SUBMITTED TO CITY ATTORNEY Matter ID No. P4b8b6R. Velez on behalf of June 27, 2024 (6/25/24) Matter IGeQrgelK Wv o EDT 124-816 EDD � '' �� =7. at.OrT, histiA, APPROVAL BY BUDGET OFFICE Funding available in 40-B173648 LEM 7/3/24 J ul y 3, 2024 1VA9 9 EDT ,—DocuSigned by: - APPROVAL BY ASSISTANT CITY MANAGER July 5, 2024 L ggp—�ra!igd_iy*s5_ r i15a 1 V: 5 EDT IJavni 11ppVttv"v,r�Ut� ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS N/A Barbara Hernandez `—C9D2b 2B97E54D4... N/A ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE July 5, 2024 Al el Migrrgrg EDT s3 ttSS ,—DocuSigned by: ' ' ,4e (� APPROVAL BY DEPUTY CITY MANAGER July 8, 2024 Natasha Col brook-Williaa 13 : 30 : 2�L EDT -4-*' DocuSigned by: Ne4441.4 CalcL L. RECEIVED BY CITY MANAGER July 16, 2024 IArttifr.ljffie�t EDT agtyii�m�sL��B NF.zk44 Cad SUBMITTED TO AND ATTESTED BY CITY CLERK July 16, 2024 Todd Hannon 16:40:33 EDT � 1° e y4113 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT '— E4SDDUFr459... �I( PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 24109 Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F AMENDMENT OVERVIEW TITLE: ITB No. 20-21-004, Overtown Greenway at NW 11th Street 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer - Authority level of $ ❑ City Manager - Authority level of $ ❑x City Commission - RESOLUTION No. R-22-0394 2. PROCUREMENT METHOD: ❑ RFP/Q ITB ❑ SOLE SOURCE ❑ PIGGY -BACK 0 PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): 3. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC. Amendment No. 1 to increase the capacity by $138,431.06 for a total contract amount of $1,109,019.80. 4. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? YES ❑ NO IF YES, WHAT IS THE RESOLUTION NUMBER? R-24-0206 5. WHAT IS THE SCOPE OF SERVICES? The Work consists of furnishing all materials, labor, and equipment necessary for road improvements including drainage system installations, decorative street, pedestrian lighting, milling and resurfacing, new sidewalks replacement, ADA compliant ramps, striping, signs, landscaping and hardscape. Completed work shall comply with the Miami River Greenways Master Plan. 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? N/A 7. IS THE AWARDEE THE INCUMBENT? Yes 8. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F 9. WHEN DOES THE CURRENT CONTRACT EXPIRE? Specific Contract 10. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? $970,588.74 11.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Lump Sum Contract — Lowest Responsive and Responsible Bidder Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS AMENDMENT NO. 1 TO THE OVERTOWN GREENWAY AT NW 11T" STREET (FROM NW 7TH AVENUE TO NW 12TH AVENUE) CONSTRUCTION SERVICES CONTRACT WITH FLORIDA ENGINEERING AND DEVELOPMENT CORP. This Amendment No. 1 to the aforementioned Construction Services Contract ("Contract") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Florida Engineering and Development Corp. ("Contractor"), a Florida Corporation, for the provision of construction services ("Services") is entered into this 16 day of July , 2024. RECITALS WHEREAS, pursuant to the City's Procurement Code Section 18-85 and Invitation to Bid ("ITB") No. 20-21-004, the City Manager executed a Contract with Contractor for an amount not - to -exceed $970,588.74; and WHEREAS, additional scope of work has been added to the contract; and WHEREAS, the current Compensation Limit is insufficient to address the costs associated with the construction; and WHEREAS, it is in the best interest of the City to increase the existing capacity of the Contract to accommodate said costs to complete construction; and WHEREAS, this Amendment No. 1 to the Contract increases the current compensation by an amount of One Hundred Thirty -Eight Thousand Four Hundred Thirty -One Dollars and Six Cents ($138,431.06), from Nine Hundred Seventy Thousand Five Hundred Eighty -Eight Dollars and Seventy -Four Cents ($970,588.74), to One Million One Hundred Nine Thousand Nineteen Dollars and Eighty Cents ($1,109,019.80); and WHEREAS, the City Commission has adopted Resolution No. 24-0206, to approve the corresponding increase in the Compensation Limits. NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Contract as follows: Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F Amendment No. 1 to the Construction Services Agreement with Florida Engineering and Development Corp. for Overtown Greenway at NW 11 th Street (from NW 7th Avenue to NW 12th Avenue) Contract Term The Contract shall commence upon issuance of the Notice to Proceed ("NTP'), which shall be issued subsequent to the execution of the Contract by the City. The Contract shall terminate upon notice by the City that the Contract has been closed -out after final completion or otherwise terminated by the City pursuant to the terms and conditions herein set forth. Contract Price and Guaranteed Maximum Cost/Guaranteed Maximum Price The total bid amount shall be the Contract Price, also known as Guaranteed Maximum Cost ("GMC') of the Project, which means the maximum cost of the Work including labor, materials, equipment, supplies, overhead expenses, and profit. The City will not be liable for payment of any amount in excess of the GMC unless the City Commission has approved a Project contingency or has approved a prior amendment to the Contract, setting forth an additional amount due to Owner requested changes or its equivalent. If the term Guaranteed Maximum Price ("GMP') is used in this Agreement, it shall have the same definition as GMC, defined above. The Contractor represents, warrants, and guarantees to the City that the Contractor shall completely, timely, and properly perform the Work and all of its obligations under the Contract, in accordance therewith, for the Contract Price to be agreed upon by the parties. This Contract Price, in the amount of $1,109,019.80, shall constitute a GMC/GMP to the Owner for performing the Work inclusive of labor, materials, equipment, supplies, and any allowable overhead and profit. The Owner shall, absent a prior Amendment with compelling cause approved as an Amendment to this Agreement, have no liability or obligation to pay any amount in excess of the stated Contract Price and the Contractor shall have no recourse in that respect except to seek an Amendment to the Agreement. All costs in excess of the Contract Price shall be paid solely by the Contractor without reimbursement or additional compensation from Owner. All other terms and conditions of the Contract are in operative force and effect and remain unchanged. COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, 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 the 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F Amendment No. 1 to the Construction Services Agreement with Florida Engineering and Development Corp. for Overtown Greenway at NW 11th Street (from NW 7th Avenue to NW 12th Avenue) IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. WITNESS/ATTEST Florida Engineering and Development Corp., a Florida Corporation Signature ///ai/-0-1-// 6M4W-0i09 1�,�, Srcz Print Name, Title ATTEST: Consultant Secretary (Affirm Consultant Seal, if available) ATTEST: DocuSigned4 by: To D 56. B caF14�9... c� nnon, City Cler APPROVED AS TO INSU REQUIREMENTS: DocuSigned by: Print Name, Title of Authorized Officer, sir Manager (Corporate Seal). p rj CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: FN 4A Coitt -w.: ize.0.4 DocuSigned by: 84B700975DEA41 B... Arthur Noriega V, City Manager 27395C631-824 4E 7... Ann Marie -Sharpe, Director Risk Management Department APPROVED AS TO LEGAL FORM AND CORRECTNESS: ito.cc.urS,)igtn,ed by: 776E9F George ysongI ill III, City Attorney Ds FPY (Matter 24-816) Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F Amendment No. 1 to the Construction Services Agreement with Florida Engineering and Development Corp. for Overtown Greenway at NW 11th Street (from NW 7'h Avenue to NW 12'h Avenue) CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of Florida Engineering & Development Corp a corporation organized and existing under the laws of the State of Florida , held on the 2 day of January , 20 24 a resolution was duly passed and adopted authorizing (Name) Jose Vega _ _ as (Title) President _ _ of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of April Jose Vega`"" Secretary: Print: Print: Jose Vega 20 24 . CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the _day of , 20_, a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of 20 Partner: Print: Names and addresses of partners: Name Street Address City State Zip Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F April , 2024, by Jose Vega to me or who has produced personally known did not) take aj oa h. SIGNATUR OF NOTARY PUBLIC STATE O CFloP- 6cs PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Amendment No. 1 to the Construction Services Agreement with Florida Engineering and Development Corp. for Overtown Greenway at NW 11 th Street (from NW 7"' Avenue to NW 12th Avenue) CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) HEREBY CERTIFY that, I (Name) individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of 20 Signed: Print: NOTARIZATION STATE OF Florida SS: COUNTY OF Miami Dade The foregoing instrument was acknowledged before me this 15 day of , who is personally known as identification and who (did / oylY P AP ..`..;��, EVELYNA EMAN * - * Commission#HH216243 v`O Expires March 10, 2026 l'4 FOF fly Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: March 15, 2024 FILE: City Manager SUBJECT: Additional Work Concerning Overtown Greenway along NW 11 Street REFERENCES: ITB No 20-21-004 DDacuSigned by: AV-UAA �atttatn.a 78D18AEF54464BE Juvenal Santana, Y. ., U.F.M. ENCLOSURES: Director Department of Resilience and Public Works By this memorandum, Resilience and Public Works is requesting to amend the Overtown Greenway along NW 11 Street ("Contract") authorized pursuant to ITB 20-21-004 to increase the contract capacity. It is necessary to increase the capacity of the contract by one hundred thirty-eight thousand four hundred thirty-one Dollars and six cents ($138,431.06) to award the additional scope of work to cover new 2" asphalt and ADA ramp improvement on NW 11 Street between NW 8 Avenue and NW 12 Avenue. BACKGROUND: On April 8, 2022, Procurement issued an Invitation to Bid (ITB) No 20-21-004 under full and open competition to obtain bids from qualified firms. After Procurement conducted its due diligence, on October 13, 2022, the contract was awarded to Florida Engineering and Development for a not -to -exceed contract value of $970,588.74 for NW 11 Street between NW 7 Avenue and NW 12 Avenue. Consequently, and after deliberate review of the final proposal by City staff, it was determined that the proposed price is in line with current market conditions, and it is recommended for approval. DocuSigned by Approved• C(46N0F` Date: March 23, 2024 14:41:47 EDT • 858CF6C372DD42A... Arthur Noriega V, City Manager C: Larry Spring, C.P.A., Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Fernando V. Ponassi, MA Arch., MA PPA, LEED AP, Assistant Director, Procurement Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F City of Miami Legislation Resolution Enactment Number: R-24-0206 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15880 Final Action Date:5/23/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1 TO THE CONSTRUCTION SERVICES AGREEMENT ("AGREEMENT") WITH FLORIDA ENGINEERING AND DEVELOPMENT CORP., A FLORIDA PROFIT CORPORATION ("FED"), FOR ADDITIONAL WORK CONCERNING THE OVERTOWN GREENWAY AT NORTHWEST 11 TH STREET (FROM NORTHWEST 7TH AVENUE TO NORTHWEST 12TH AVENUE), SOLICITED UNDER INVITATION TO BID ("ITB") NO. 20-21-004, INCREASING THE EXISTING CONTRACT VALUE BY ONE HUNDRED THIRTY EIGHT THOUSAND FOUR HUNDRED THIRTY ONE DOLLARS AND SIX CENTS ($138,431.06), THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM NINE HUNDRED SEVENTY THOUSAND FIVE HUNDRED EIGHTY EIGHT DOLLARS AND SEVENTY FOUR CENTS ($970,588.74) TO ONE MILLION ONE HUNDRED NINE THOUSAND NINETEEN DOLLARS AND EIGHTY CENTS ($1,109,019.80); ALLOCATING FUNDS FROM THE APPROPRIATE SOURCE OF FUNDING, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH THE FED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING CONTRACTS, AMENDMENTS, AND EXTENSIONS SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended ("City Code"), and Invitation to Bid ("ITB") No. 20-21-004, the City Manager executed a Construction Services Agreement ("Agreement") with Florida Engineering and Development Corp., a Florida profit corporation ("FED"), for the provision of construction services for the Overtown Greenway at Northwest 11t" Street (from Northwest 7t" Avenue to Northwest 12t" Avenue) in the amount of Nine Hundred Seventy Thousand Five Hundred Eighty Eight Dollars and Seventy Four Cents ($970,588.74); and WHEREAS, the contract value must be increased by One Hundred Thirty Eight Thousand Four Hundred Thirty One Dollars and Six Cents ($138,431.06) to compensate for the required additional scope of work; and Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F WHEREAS, it is in the best interest of the City to increase the contract value of the Agreement to address said required additional scope of work; and WHEREAS, the proposed Amendment No. 1 to the Agreement with the FED increases the existing contract value by One Hundred Thirty Eight Thousand Four Hundred Thirty One Dollars and Six Cents ($138,431.06), thereby increasing the existing total compensation of the Agreement from Nine Hundred Seventy Thousand Five Hundred Eighty Eight Dollars and Seventy Four Cents ($970,588.74), to One Million One Hundred Nine Thousand Nineteen Dollars and Eighty Cents ($1,109,019.80); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Amendment No. 1 to the Agreement with the FED for additional work concerning the Overtown Greenway at Northwest 11th Street (from Northwest 7th Avenue to Northwest 12th Avenue) solicited under ITB No. 20-21-004, increasing the existing contract value by One Hundred Thirty Eight Thousand Four Hundred Thirty One Dollars and Six Cents ($138,431.06), thereby increasing the total compensation limit from Nine Hundred Seventy Thousand Five Hundred Eighty Eight Dollars and Seventy Four Cents ($970,588.74) to One Million One Hundred Nine Thousand Nineteen Dollars and Eighty Cents ($1,109,019.80), is hereby authorized. Section 3. Funds shall be allocated from the appropriate source of funding, subject to budgetary approval at the time of need. Section 4. The City Manager is authorized' to execute Amendment No. 1 to the Agreement with the FED, in a form acceptable to the City Attorney, for said purpose. Section 5. The City Manager is further authorized1 to negotiate and execute any and all other documents, including contracts, amendments, and extensions subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ng III, C ty ttor -y 5/14/2024 1 The authorization herein is further subject to compliance with all legal regulations that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F DIVISION OF CORPORATIONS DsvriiGil of .,rii9t-::Org (1� PO- Arrric)i f ulr OJJU gel 5tcar9 u/Ronda ss Chats Department of State / Division of Corporations / Search Records / Search by Enter Name / Detail by Entity Name Florida Profit Corporation FLORIDA ENGINEERING AND DEVELOPMENT CORP. Filing Information Document Number P02000130519 FEI/EIN Number 83-0345690 Date Filed 12/10/2002 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 01/24/2005 Event Effective Date NONE Principal Address 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Changed: 04/17/2009 Mailing Address 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Changed: 04/17/2009 Registered Agent Name & Address VEGA, JOSE 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Name Changed: 10/05/2004 Address Changed: 04/17/2009 Officer/Director Detail Name & Address Title P Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F VEGA, JOSE 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Title VPS Omar, Medina 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Title VP Vega, Jose Antonio 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Annual Reports Report Year Filed Date 2021 04/13/2021 2022 03/30/2022 2023 04/28/2023 Document Images 04/28/2023 --ANNUAL REPORT 03/30/2022 --ANNUAL REPORT 04/13/2021 --ANNUAL REPORT 04/29/2020 --ANNUAL REPORT 05/01/2019 --ANNUAL REPORT 03/10/2018 --ANNUAL REPORT 03/28/2017 --ANNUAL REPORT 04/14/2016 --ANNUAL REPORT 04/02/2015 --ANNUAL REPORT 04/30/2014 --ANNUAL REPORT 04/18/2013 --ANNUAL REPORT 04/30/2012 --ANNUAL REPORT 04/26/2011 --ANNUAL REPORT 04/01/2010 --ANNUAL REPORT 06/05/2009 --ANNUAL REPORT 04/17/2009 --ANNUAL REPORT 04/28/2008 --ANNUAL REPORT 04/20/2007 --ANNUAL REPORT 04/25/2006 --ANNUAL REPORT 04/20/2005 --ANNUAL REPORT 01/24/2005 -- Amendment 11/22/2004 -- REINSTATEMENT 10/05/2004 -- REINSTATEMENT 12/10/2002 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F Florida Department of State, Division of Corporations Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F DDEPAZ 3 ACORU- 4.------ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) I 3/28/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Collinsworth, Alter, Fowler & French, LLC 15050 NW 79th Court Suite 200 Miami Lakes, FL 33016 52UACT PANNEo. Ext): (305) 822-7800 1SNC, No):(305) 362-2443 _mass. INSURERISI AFFORDING COVERAGE NAIL 0 INSURER A :Continental Insurance Company 35289 INSURED Florida Engineering & Development Corp. 12076 NW 98th Avenue Hialeah Gardens, FL 33018 INSURER B :Valley Forge Insurance Company 20508 INSURER Ironshore Specialty Insurance Company 25445 INSURER D : INSURER E : INSURER F : COVERAGES F REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL A%ytp(p SUBR POLICY NUMBER POLICY EFF tMMiDD/YYYYI POLICY EXP (MMIDDNYYYi LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6080084684 Approved by Frank Gomez 4/1/2024 05/22/2024 4/1/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR PREMISES (Ea oa Errance) 100,000 MEDEXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GE GEM. JPOLICY AGGREGATE OTHER: X LIMIT APPLIES JECT• PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ 2,000,000 B AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULEDU AUTO OE X X 6080084698 4/1/2024 4/1/2025 rFOMBIidoD SINGLE LIMIT nt)$ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURYp(Per accident) $ PParOaccideTt AGE $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X 6080084703 4/1/2024 4/1/2025 EACH OCCURRENCE $ 5,000,000 AGGREGATE 5,000,000 DED X RETENTION$ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE AFFICERANEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N / A X 7011543760 4/1/2024 4/1/2025 X MUTE H ER E.L. EACH ACCIDENT 1,000,000 EL. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ A C Equipment Floater Pollution Liability X 6080084684 ICELLUW00157971 4/1/2024 4/1/2024 4/1/2025 4/1/2025 Leased/Rented Aggregate Limit 500,000 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Miami Is Included as an additional Insured with respects to general liability on a primary and non-contributory basis and automobl e (lability when required by written contract per forms attached. A Waiver of Subrogation apply In favor of City of Miami Riverside Center with respects to general liability, automobile liability and worker's compensation when required by written contract. Umbrella / Excess Is follow form. 30 Days Notice of Cancellation except 10 days for non-payment subject to terms and conditions of the policy. Coverage Is afforded for contingent and contractual exposure and XCU hazards. CERTIFICATE HOLDER City of Miami ty 444 SW 2nd Avenue 6th Floor Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRIIZEDDRREPR�ESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F From: Gomez Jr., Francisco (Frank) To: Caseres, Luis Subject: RE: COI - Florida Eng. & Development Corp - Exp 04/01/2024 Date: Wednesday, May 22, 2024 12:00:39 PM Attachments: imaoe003.onq image006.pnq Hello Luis, The COI is adequate. Thanks, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management (305) 416-1740 Office (305) 416-1760 Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Wednesday, May 22, 2024 11:18 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Subject: RE: COI - Florida Eng. & Development Corp - Exp 04/01/2024 Hi Frank, Attached is revised COI. Please review and approve. Best regards, Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F Approved by Frank Gomez 06/14/2024 Increase RIDER BOND NO. 0246383 To be attached and form a part of Bond No. 0246383 dated the 16 day of August, 2022, executed by Berkley Insurance Company as surety, on behalf of Florida Engineering & Development Corp. as current principal of record, and in favor of City of Miami, as Obligee, and in the amount of Nine Hundred Seventy Thousand Five Hundred Eighty-eight & 74/100 ($970.588.74). In consideration of the agreed premium charged for this bond, it is understood and agreed that Berkley Insurance Company hereby consents that effective from the 16 day of August, 2023, said bond shall be amended as follows: THE BOND PENALTY SHALL BE INCREASED: FROM: Nine Hundred Seventy Thousand Five Hundred Eighty-eight & 74/100 ($970.588.74) TO: One Million One Hundred Nine Thousand Nineteen & 80/100 ($1,109,019.80) The increase of said bond penalty shall be effective as of the 16 day of August, 2023, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 13 day of June, 2024. BY: BY: Florida Engineering & Development Corp. PRINCIPAL Berkley Insurance Company SURETY Warren M. Alter , ATTORNEY -IN -FACT Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F No. BI-7959d-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Warren M. Alter; David T. Satin; Dawn Auspitz; or Jonathan Bursevich of Alter Surety Group, Inc. of Miami Lakes, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2nd day of May , 2024 _ s° ry oR SEALz By Philip S. elt '°�q : ,/ Executive Vice President & Secretary Attest: STATE OF CONNECTICL T ) ) ss: COUNTY OF FAIRFIELD Berkley Insurance Company By Je —1-1-adfr Senior Vice President Sworn to before me, a Notary Public in the State of Connecticut, this 2nd day of Jeffrey M. Hafter who are sworn to me to be the Executive Vice President and respectively, of Berkley Insurance Company_ wwu G.RUNDEAKEN KITAFT new CONNECTICUT Notary Public, State of Connecticut MY COMMISSION E4Nnes em-aolots CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney-, that said Power of Attorney has not been revoked or rescinded and tl authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of A fie a hed, is in full force and effect as of this date. 13th day ofJune 2024 x` ilnder my hand and seal of the Company, this I W4SEAL )'1 t973 \\\ 4 May , 2024 , by Philip S. Welt and Secretary, and the Senior Vice President AvgAL-) •- Vincent P. Forte Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F PLEASE VERIFY THE AUTHENTICITY OF THE INSTRUMENT ATTACHED TO THIS POWER BY: Toll -Free Telephone: (866) 768-3534; or Electronic Mail: BSGlnquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department OR Email: BSGClaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company Docusign Envelope ID: 8AC38A11-2AD5-4183-96E4-7DE8B8B75B3F From: Gomez Jr., Francisco (Frank) To: Caseres, Luis; Quevedo, Terry; Aviles. Yesenia Subject: RE: Bond rider approval Date: Friday, June 14, 2024 6:54:33 AM Attachments: imaoe002.Dnq image006.pnq imaoe007.Dnq image008.pnq Good morning Luis, The bond rider is adequate. Thanks, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management (305) 416-1740 Office (305) 416-176o Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Thursday, June 13, 2024 4:15 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: FW: Bond rider approval Good afternoon, Please review and approve. Best regards, Olivera, Rosemary From: Sent: To: Cc: Subject: Attachments: Caseres, Luis Wednesday, July 17, 2024 12:20 PM Hansen, Anthony; Ponassi Boutureira, Fernando; Perez, Annie; Badia, Hector; Darrington, Mario; Mora, Jorge; McGinnis, Lai -Wan Cambridge, Susan; Velez, Pablo; Hannon, Todd; Olivera, Rosemary; Mickens, Tania; Sagesse, Max Document Distribution - Amendment No 11TB 20-21-004 - Overtown Greenway at NW 11th Street Amendment_No_1_-_ITB_No_20-21-004_Overtown Greenway - Executed 07-16-2024.pdf Good afternoon All: Lai -Wan: Attached for your records is a scanned copy of the document described below, which was duly executed by all appropriate parties. Thank you. Tania You may now close this Matter ID 24- 816 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: First Party: Second Party: Program/Purpose: Effective Date: Best regards, Amendment No 1 City of Miami Florida Engineering and Development Corp. Overtown Greenway at NW 11th Street 07/16/2024 i Lu,i - Cc e re - Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 g (305) 400-5335 ®Lcaseres©miamigov.com 0 "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. *Please Note: Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. If you're not already a Vendor, click on or scan the QR Code to register as a new vendor for the City of Miami. 2