HomeMy WebLinkAboutAmendment No. 1 to the Contract between the CMB and A & H Environmental, Corp. Pursuant to ITB 2025-023-MP20 25-33510
AMENDMENT NO. 1 TO THE CONTRACT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
A & H ENVIRONMENTAL, CORP. PURSUANT TO ITB 2025-023-MP
OF CONTRACTORS FOR FUTURE CITYWIDE
FOR PREOUALIFIED POOL
REHABILITATION PROJECTS IN ACCORDANCE WITH THE STATE HOUSING.
`
JUN JI@JWVES PARTNERSHIP PROGRAM (SHIP)
Z
This Amendment No. 1 ("Amendment") to the Agreement (as defined below) is entered
2025 ('Effective Date'), by and between the City of
o
ro
into this day of ,
Miami Beth, Florida, a municipal corporation organized and existing under the laws of
at 1700 Convention Center
rn
the State of Florida, having its principal place of business
Drive, Miami Beach, Florida 33139 ("City'), and A & H Environmental, Corp, a Florida
Suite 325.
corporation, having its principal place of business at 11401 SW 40th Street,
33165 ("Contractor"), and hereby amends the Agreement as follows:
Miami, Florida
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
WHEREAS, per Section 0100, Sub -Section 10 of the ITS, 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
othercontained herein, and valuable
he sufficiency of wch is
hereby acknowledged,the City and Contrac orr hereby agree to amend the Agreement as
follows:
1. ABOVE RECITALS.
Wabove recitals are true and correct and are incorporated as part of this
e
Amendment.
2. MODIFICATIONS. and inserted
The Agreement is hereby modified (deleted items skunk-thFo .9h
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.
s �ereto hall
sed this
IN WITNESS WHEREOF
officials, artiethe date first muered above Amendment to be
executed by their appropriateas of
FOR CITY:
ATTEST:
Rafael E. GranadO, City Clerk
JUN 1 0 2026
Date
FOR CONSULTANTICONTRACTOR
ATTEST:
cr' ryzN.&ds
Lo'
Yosmel Milian
Print Name
09/03/25
Date
CITY OF MIAMI BEACH, FLORIDA
By:
Erie T. CarPOrmf
r, City Manager
�• � 6,Eq
�IXCORP �AAiEXI ;
. •• A 8 H ENVIRONMENTAL, CORP
Authorized Signature
Julio Diaz / President
Print NamelTitle
APPROVED AS TO
FORM &LANGUAGE
& FOR EXECUTION
p4tPv1 27
City Attorney WW Date
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 (it) 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.W
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:
Cortificetes-mlamibeach(a)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 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 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 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.
CERTWICATE 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-m lamibeachAriskworks.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: E5FCDSDM950-8DO8-8025-EF59FAEGF5A8
MIAMIBEACHContract/Document
Contract No, Tian
Amendment No.l to the contract between the CRY of Miami Beach and (Multiple Contractors) to
ITB 2025-023-MO establish a pod of prequalified contractors for future
citywide rehabilitation projects in accordancewith
the State Homing
ronmemal,
Remodelinorens
ITT Construction Group, LLC
Ofgceof Housing and CommunlN Services
[ontractin& LLC -aeMces,
LLC
ya Construction Management, LLC
e Services Gesipro,
L:g:Eens
LLCuilders
Corplutions
Capital Group, Inc, a
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Alba A. Tarre &A, AMyiyp02& 1 3:48 EDT David Martine: " 2615:41 EDT
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Type 1-Danhact, amendment, change order, or teak order resulting from a procurtment-Issuericampartitivesdldtatlon.
Type 2-Other comratt, amendmed, lunge ardor, or task ceder not resultiMfmm a procurement -issued commtidvesdicita[bn.
Type3-Indapenden[Contractw A4reement (IG) iype6-iemn[Agreemen[
Type 4-Gram agreemenu wkh (he DLY az [he recipient Typey-Inter-governmemalatiencyagreemem
Types -Grant agreemenh wind the Ciryu[hepamor ether;
On February 26,2025, the Mayor and CBy Commission adopted Resolution No. 2025-- 33510, awarding Invitation to Bid (ITB)
No. 2025-MIAP 10 establish a pool of prequallNed contractors for future citywlde rehabilitation projects under the State
Housing Initiatives Partnership Program (SHIP). On the date,
same the City and ASH Environmental Corp. executed the
Agreement to provide rehabilitation services in support of SHIP -funded projecsi.
During the review of the executed contract documents, staff identified that the insurance requirements referenced In the
solicitation were inadvertently amitted from both the original RB 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-spect is Insurance requirements from the Risk
Management Department when an Invitation to Quote (ITCg is issued. Prior to the Issuance of any Purchase Order (PO), the
user department must verify with Risk Management that the Cordractoes 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,
ensuring that all SHIP rehabilitation projects procured under JTB 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 authorhygramed by Administrative Procedure 03.02 (Cl), which authorizes the
assistant city manager to sign contract amendments when the value is less than $501 this Item requests the Assistant City
Manager's signature on the attached amendmentsunrlillUla
Febma 26,2025-Februi 25,2030 I N/A February 26,2025-Februa 25, 2030
Docusign Envelope ID: E5FCD5D06950-6DD6-x025-EF%FAE6F5"
Authority to Sign
City Commission Approved: Yes X Nc Resolution Nc.: CC Agenda Item No.: CC Meeting DMe:
N/A N/A N/A
If no, explain why CC approval is not required: N/A- Administrative Procedure 03.0] (C1) authodaes ma assistant city
manager to sign contrail amendments when the value Is less than $50.000,
Legal Fhy form approval Is not necessary:
ProcuremeM:
n
Grants:
N/A
Kdsty Bada
Hw.oM.l
rcre2+ureaxa7A!.21202612:
EDT
Budget:
N/A—Nobudgeoryimpact
Information
N/A
To. Otto Stewart
Technolo :
Risk Management:
N/A
Fleet&
N/A
FacilRies:
Human Resources:
N/A
Reviewer:
Febe Peres
Reviewer.
Theresa Buigas