HomeMy WebLinkAboutAmendment No. 1 to the Contract between the CMB and Cunano Builders Corporation Pursuant to ITB 2025-023-MP2025-33510
AMENDMENT NO. 1 TO THE CONTRACT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
CUNANO BUILDERS CORPORATION, PURSUANT TO ITB 2025-023-MP
FOR PREQUALIFIED POOL OF CONTRACTORS FOR FUTURE CITYWIDE
REHABILITATION PROJECTS IN ACCORDANCE WITH THE STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM (SHIP)
JUN 10 2026
This Amendment No. 1 ('Amendment") to the Agreement (as defined Wow) 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
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the State of Florida, having its principal place of business at 1700 Convention Center
Drive, Miami Beach, Florida 33139 ("City"), and Cunano Builders Corporation, a Florida
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corporation, having its principal place of business at 15420 SW 136 Street, #32, Miami,
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Florida 33196 ("Contractor"), and hereby amends the Agreement as follows:
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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 ITS 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.
The Agreement is hereby modified (deleted items strask44r0u0 and inserted
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:
L•i
Rafael E. Granada, CI Clark By.
hr Er c T. Carpente , City Manager
Data. 0 Ytt7�
Date
JUN 10 2026 y'
4NCORP OUTE4,
FOR CONSULTANTICONTRACTOR: •• l� "NO BUILDERS
CORPORATION
ATTEST:
Secretary By.
Auth p add Sig t�ure
FL�Vp,r0O __Li;_ 0(((WcQJ Yc.tra�t, O'tiPq
Pdnt Name Pdnt NameJTitle
oaf /09 /av2s
Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
j({(City Attorney Date
APPENDIX D
MIAMIBEACH
ITS 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 7 -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 do 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 shell 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 Murriets, CA 92564
Kindly submit all certificates of insurance, endorsements, and exemption letters to our
servicing agent, EXIGIS, at:
CRrtiflcates-miamibeach(a)riakworka 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 1B - 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 III) 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 c/o 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
do 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-miamibeachAdskworks 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.
Docusign Envelope ID: E5FCD5DGY6950dDDeA025-EF59FAE6F5A8
MIAMIBEACH
Amendment No.l to the contract between the City of Miami Beach and (Multiple Contractors) to
ITB 2025-023-MO establish a Pod of prequalified comractorsforfuture citywide rehabilitation projects in accordance with
the State Housing
Contractors
Requesting Department
A&H Environmental, Carp.. HRT CanstruRlon Group, LlC
Offlceaf Housing and Community Servl¢s
Building& Remodeling, Inc. • towers Contrain&LLC e
Byrdsan Services, LLC Pave Construction Management, LLC
Centerline SeMces Group, Inc. ' Resipro, LLC a
Cunano Builders Corporation v Solutions Capital Group, Inc.
(Pending rerelpt a)3 amendments,
which wsll be muted to bier dotal
Department Vue".. Signature ACM Name is !aghaWre
Alba A. Tarre QWA AYYL 5/12/2028 3:48 EDT David Martinez gyj 2815:41 EDT
%
Type 1-Cuetract,amendment, change order, or task order resulting ham a procurement Issued competitive solicitation.
Ty¢ 2-Other contract, amendment, plunge order, or task order net resulting from a procurement -Issued competitive soleftwon.
Type 3- Independent Contractor Agreement ICA) Type 6-Temnt Agreement
Type 4-Gram agreements with the City as the recipient Type T-Inter-{wemmental me net agreement
Type S- Grant agreements with the City as the{rants Other:
Brief Summary & Purpose (attach memo if additional space is ne,essaq)
On February 26, 2025, the Mayor and City Commission adopted Resolution No. 2D2$-- 33510, awarding Invitation to Bid (ITB)
No. 2025-023-MP to establish a pool of prequallfled contractors for future citywide rehabilitation projects under the State
Housing Initiatives Partnership Program (SHIP). On the same time, 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 emitted from both the original ITB issued on 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,
"Insurance Requirements; which establishes the process for obtaining project -specific Insurance requirements from the Risk
Management Department when an Imitation to Quote (ITQ) is issued. Prior to the issuance of any Purchase Order (PO), the
user department must verify with Risk Management that the Cc ntracto/s Certificate of Insuram a (COI) 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 ITB No. 2025-023-MP comply with the Otys insurance standards.
All ether terms and conditions of the Agreement remain unchanged, and there are rho budgetary impacts resulting from thew
amendments.
Bawd on this justification and pursuant to the authority granted by Administrative Procedure 03.02 (Cl), which authorizes the
assistant city manager to sign contract amendments when the value is less than $50,000. this item requests the Assistant Ory
Manager's signature on the attached amendments.
Origins I Term Renewal Perichis Total Term (original + Renewals)
February 26, 2025- February 25, 2030 1 N/A 1 February 26, 2025- February 25, 20M
Funding Information
Gram Funded: Yes % No State Fetleral % OcherCost & Funding Source
Year Annual Cost Account Require Enhancement
1 N/A -Ng budgetaryimpact Homelew SeMM:011-056D000349-23-405-51W0P 00 Vas x No
1. For contracts longer than five years, contact the Procurement Department. 2. Attach any supporting explanation 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 budge.
Docusign Enveiope ID: ESFC05D06950-BDD8-9025-EF59FAE6F5A8
City Commission Approved: Yes I % j No 1 Resolution No.: C[ Agentla Item Na.: CC Meeting Drte:
N/A N/A N/A
If no, explain why CC approval is not required: N/A - Administrative Procedure 03.02(C1)
manager to sign contract amendments when the value is less than $50,000.
authorizes the assistant city
k al Form roved: % Yes No If no, ex lain below why form approusl
is not necessary,
Compliance Approva
Is (see attached)
Procurement:
O II,,
Grants:
N/A
CFCovCr fl"
FCFarusFFsza`!{ 2/202612:
EDT
N/A— Nobudgetary impact
Information
N/A
Technology:
N/A
Flee[&
N/A
rManagemEmt:
FacilNles:
rces:
N/A
Reviewer:
Peas Perez
Reviewer:
Theresa Bulges