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HomeMy WebLinkAboutAmendment No. 1 to the Contract between the CMB and Llorens Contracting, LLC. Pursuant to ITB 2025-023-MP2025-33510 AMENDMENT NO. 1 TO THE CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND LLORENS CONTRACTING, LLC., PURSUANT TO ITB 2025-023-MP FOR PREQUALIFIED POOL OF CONTRACTORS FOR FUTURE CITYWIDE REHABILITATION PROJECTS IN ACCORDANCE WITH THE STATE HOUSING INITIATIYVM§TNERSHIP PROGRAM (SHIP) This Amendment No. 1 ("Amendment") to the Agreement (as defined below) is entered into this _ day of , 2025 ("Effective Date"), by and between the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 ("City'), and Llorens Contracting, LLC., a Florida limited liability company, having its principal place of business at 4383 NW 1 W Court, Doral, Florida 33178 ("Contractor"), and hereby amends the Agreement as follows: RECITALS WHEREAS, on February 26, 2025, the Mayor and City Commission adopted Resolution No. 2025-33510, approving the award of Invitation to Bid No. 2025-023-MP (the 'ITB") to establish a pool of prequalified contractors for future citywide rehabilitation projects in accordance with the State Housing Initiatives Partnership Program ('SHIP"); WHEREAS, per Section 0100, Sub -Section 10 of the ITB, the approval of the ITB by the Mayor and City Commission on February 26, 2025 constituted a binding agreement between the City and the Contractor (the "Agreement") for the provision of services to the City for future citywide rehabilitation projects in accordance with SHIP; WHEREAS, the insurance requirements were not included in the original Invitation to Bid ('ITB") issued on December 2, 2024, nor in Addendum No. 1 dated December 20, 2024, despite being referenced in the solicitation; WHEREAS, these insurance requirements were inadvertently excluded from the final executed contract documents of the ITB; and WHEREAS, the City and Contractor desire to amend the Agreement to include the insurance requirements. NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Contractor hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. ugh and inserted The Agreement is hereby modified (deleted items 6traek-tkre items underlined) as follows: a) Appendix D, attached hereto, is added to the Agreement and incorporated into the Agreement by reference. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: 7 Rafael E. Granada, City Clerk-�Pll'>-BE'?c"+By Erk T. Carpentifr, CRy Yiwper 2: S HIM 10 2n�� Date '.INEORP ORAIEU1 I 43� ]:FPIxLT5iL3.1',"�1:�SKI•S:� LLORENS CONTRACTING, LLC. By: kv p (i•'(/ Authorized Btgna</Ore/ I' scK�i �armcn L. S yr f Print Narnef itle APPROVED AS TO FORM & LANGUAGE }/&&FF,OP�R EXECUTION , , ffd,�J'O� *i' IGry Attorney Y.W DeEB APPENDIX D MIAMIBEACH ITB 2025-023-WG Contractor Pre -Qualification Application FOR STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) PROJECTS INSURANCE REQUIREMENTS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 TYPE 1 - GOODS, SERVICES & MAINTENANCE INSURANCE REQUIREMENTS The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute, the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $100,000 per occurrence. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $100,000 combined per accident for bodily injury and property damage. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach Go EXIGIS Insurance Compliance Services. Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of -A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractors obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: City of Miami Beach c/o Exigis Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, and exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach(cDriskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. TYPE I - GOODS, SERVICES & MAINTENANCE INSURANCE REQUIREMENTS The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Workers' Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute, the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract, or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $300,000 per occurrence. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $300,000 combined per accident for bodily injury and property damage. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach oto EXIGIS Insurance Compliance Services. Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of -A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: City of Miami Beach C/o Exigis Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, and exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeachnc riskworks com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. Docusgn Envelope ID: E5FCDSDO-69504IDD9-602SEF59FAE61`5M MIAMIBEACHContract/Document Contract No, Title Amendment No.1 to the contract between the City of Miami Beach and (Multide Contractors) [o ITB 2025-023-MD establish a pool of prequalified contractors for future citywide rehabilgafion projects in accordance with the State Housing A&H Environmental, Corp.. HRT Construction Group, LL[ Office of Housing and Community Services Building& Remodeling, Inc Lloren Contracting LLC .a Byrdson Services, LLC Paya Construction Management, LC Centedine Services Group, Inc ' Reslpro, LLC a Cunano Builders Corporatloo a Solutions Capital Group, Inc. a (Pending receipt of 3 amenda a m, which will De routed atp loin dace) Alba A.Terre QW& AYYl. 5/121202613:45 EDT David Martinez gVitij kojMK2615A1EDT % Type 1-Con[ren,amendment,cM1ange ceder, atask oMer multlng 6omepro[uremen[-luued competitive salidu ton. Type 2-Other contract, amendment' on, prdn, or usk... er net resulting from a pocurementJssued compedgm, solictation. Type 3- Independent Co..ttor Nreeme^[IIUI rypeb-TenantAgreeneet Type!-Gnntagyeemenb with the Ix'..L-moplent Type )-Imer,wernmental seer agreement Types-Gramaareemm. with Me OWnthe{nmur dher: On February 26, 2@5, the Mayor and City Commission adopted Resolution No. 2025- 33510, awarding hrvltetion to Bid (ITB) No. 2025-023-MP to establish a pool of prequalifed contractors for future citywide rehabilitation projects under the State Housing Initiatives Partnership Program (SHIP). On the same date, the City and A&H Environmental Corp. executed the Agreement to provide rehabilitation services in support of SHIP -funded projects. During the review of the executed contract documents, staff Identified that the insurance requirements referenced in the solicitation were inadvertently omitted from both the original ITB Issued an December 2, 2024, and Addendum No. 1 dated December 20, 2024. As a result, the final executed Agreement did not include the required Insurance provisions. To correct this omission and ensure compliance with City insurance standards, the Administration Is introducing Appendix D, elnsurence RequlmmeMs,e which establishes the process for obtaining project-specHic insurance requirements from the Risk Management Department when an Invitation to Quote (ITO) is issued. Prior to the issuance of any Purchase Order (PO), the user department mug witty with Risk Management that the Contractor's Certificate of Insurance (C01) meets all requirements outlined in this Amendment. The purpose of Amendment No. 1 Is to formally incorporate Appendix D Into the Agreements for all awarded contractors, ensuring that all SHIP rehabilitation projects procured under TO No. 2025-023-MP comply with the City's insurance standards. All other terms and conditions of the Agreement remain unchanged, and there are no budgetary impacts resulting from these amendments. Based on this justification and pursuant to the authority granted by Adminlstril Procedure 03.02 (CI), which authorizes the assistant city manager to sign comma amendments when the value Is less than $50,000, this item requests the Assistant Oty Managers signature on the attached amendments. 11 February26,2025-Febma 25,2030 N/A February26, 2025-Febm.. 25, 2030 Grant Funded: Ves % No State Federal % Other: Cost & Funding Source 1 7- Account Routine E N/A-Np budgetary impact Homeless Services:011-0560000349-23-405-5T5-00-DO00 Yes x No 1. For contracts longer than five years, comma the Procurement Department 2. Attach any supporting explanatbn needed. 3. Budget approval Indicates approval for the current fiscal year only. Future years are subject to City Commission approval of the annual adopted operating budget. Docosign Envelope ID: E5FCD5D"95UDD"026EF59FAE5F5M manager to sign contract amendments when the wWe b