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HomeMy WebLinkAboutAmendment No. 1 to the Contract between the CMB and Building & Remodeling, Inc. Pursuant to ITB 2025-023-MP20 25-33510 AMENDMENT NO. 1 TO THE CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND - BUILDING & REMODELING, INC., PURSUANT TO ITB 2025-023-MP FOR PREQUALIFIED POOL OF CONTRACTORS FOR FUTURE CITYWIDE C Z REHABILITATION PROJECTS IN ACCORDANCE WITH THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) 0 This Amendment No. 1 (Am4ndment") to the Agreement (as defined below) is entered into this _day of, r!h°A 2025 ("Effective Date"), by and between the City of e rn 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 Building & Remodeling, Inc., a Florida corporation, having its principal place of business at 16515 SW 104 Court, Miami, Florida 33157 ("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 "ITS") 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 ITS; 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 SeUgk-threugh 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: ATTEST: Rafael E. Grana o, City Clerk i 0 7026 Date FOR CONSULTANT/CONTRACTOR: ATTEST: Secretary gram IFM, Date CITY OF MIAMI BEACH, FLORIDA By: , 007Z�L - E e T. jitrp4nterf City Manegar ' 'Sa �IXEORP OUTED,! 9RCF1 �� {9 BUILDING & REMODELING, INC. Print Name/Title APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION `City, Attorney W Date ,APPENDIX D ITS 2025-023-WG Contractor Pre-Qualifiwlion Application FOR STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) PROJECTS 4 INSURANCE REQUIREMENTS 4 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. 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 $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 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 c/o Exigis Insurance Compliance Services P.O. Box 947 Mumieta, CA 92554 Kindly submit all certificates of insurance, endorsements, and exemption letters to our servicing agent, EXIGIS, at: Cortificates-miamibeachL@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. 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 (li) 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 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 Slate 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-miamibeach(&dskworks cem 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: E5FCD5D08950-eDDBd 25-EF59FAE6F5A8 MIAMIBEACH Amendment No.1 to the contract between the City of Miami Beach and (Multiple Contractors) tp forfuture dtywide rehabilitation projects in accordance with ITS 2025-02}MD establish a pool of prequalified cootracters the State HousiN A&H Environmental, Corp.. HRT Construction Group, LLC Office of Housing and Community Services Building& Remodelin&Inl: - Llorens Contract!% LLC+ Byrdson Services, LLC Paya Construction Management, LLC Centerline Services Group, Inc. ' Resipro, LLC e a Cunano Builders Corporation a Solutions Capital Group, Inc. (lkndnireceiptof3 r.I.Wdte svhi[h will M roared or a latermeel Alba A. Tarre I &L ayYl. 5/12/202813:48 EDT David Martinez I VAVjk26 5:41 EDT x Type 1- contract amendment, change order, oronkorder result, from a procure.ra-iw oc.petgwesdldtrtln. Type a -Oliver coma.. amendment, c -,order, or task order not resulting from a prssuremeM-iswetl cpmpetibye sdidtation. Type 3- independent Unut for A{reement(ICA) Type 6-Temnt Agreement agreement City as tM1e rcdpleM Type]-Inxrywernmental s{enw Type 4-Grant a{reemmts wlN the Type S-Gram reena.. wiM [he Cityaa the grantor I I thhen al On February 26, 2025, the Mayor and City Commission adopted Resolution No. 2025-- 33510, awarding Invitation to Bid (ITB) for future citywide rehabilitation projects under the State No. 2@5-023-MP to establish a Pool of prequalifled contractors Housing Inkiatives Partnership Program (SHIP). On me same date, Me City and ASH Envlrpnmental Corp. executed the Agreement to provide rehabilitation services in support of SHIP -funded projects. During the review of the executed contrast documents, staff identified that the Insurance requirements referenced in the 2, 2024, and Addendum No. 1 dated solidtation were inadvertently omitted from both the original ITS Issued on December 2024. As a result, the final executed Agreement did not Include the required Insurance provisions. December 20, To correct this omission and ensure compliance with City insurance standards, the Administration Is Introducing Appendix D, -specific insurance requirements from the Risk 'Insurance Requirements," which establishes the process for obtaining project an Invitation to Quote (ITQ) is issued. Prior to the issuance of any Purchase Order (POI, the Management Department when user department must verify with Risk Management that the Contractors Certificate of Insurance (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, nder ITS No. omply with the City's Insurance enuring thatitation pmj�te procured no budgetary impactsresulting from then Allsother terms andlcond'itiollns of the Agreement remaiin unch nged?and ere ztec amendments. Based on this Justification and pursuant to the authority granted by Administrative Procedure 03.02 (Cl), which authorizes the $50,000, this Item requests the Assistant City assistant city manager to sign contract amendments when the value is less than Managers signature on the attached amendments. yes I x 1. For contracts longer than five years, contact the Procurement Department. 2. Attach any supporting expianaav-, 3. Budget approval Indicates approval for the current fiscal year only. Future years are subject to City Commission approval of Dowsign Envelope ID: E5FCD5DO i950.gDDg-8925-EF59FAESFSAg Authority to Sign ❑ry Commlssian Approved: Yes % No Resolution No.: C[Agenda kem No.: [C Meeting Orte: N/A N/A N/A If no, explain why CC approval is rot required: N/A - AdministratWe Procedure 03.02 11.11 authudaas the assistarrt cky manager to sign commct amendments when the value is Ness than $S ,Wo. Legal Fonn proved: % Yes Np If no, a lain below wh forma proval is not necessary: compliance Appri,,,Ir, (IT, attach,d) pp� �i1y 0ranb: N/A t)suOM.r FCno,,eszad`{, 2/2028 2: EDT N/A— No budgetary impact Information N/A Stewart Technolo ent: N/A Fleet& N/A 7ftsmrc.,:: Fatilgles: rces: N/A Reviewer: Febe Perez Revbwer: Theresa euigas