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Amendment NO.1 Contract with AUM Construction, INC. C 64.ft? AMENDMENT NO. 1 TO THE CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND AUM CONSTRUCTION, INC. This Amendment No. 1 (Amendment) to the Contract, dated August 1, 2019, is entered into this CS day of i--VIG.1/4;3 T , 2019 (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 AUM Construction, Inc., a Florida company, having its principal place of business 8950 N.W. 119 ST., Hialeah Gardens, FL 33018 (Contractor), and hereby amends the Contract as follows: RECITALS WHEREAS, on June 06, 2018, the Mayor an-d-City Commission approved taward of Invitation to Bid ("ITB") No. 2018-077-WG for Traffic Signal Improvements and Repairs; and WHEREAS, on June 20, 2018, the City and Contractor executed the Contract with respect to the ITB (the Contract), which services include modifications and improvements to median openings, intersections, signing and pavement markings, and traffic signals; and WHEREAS, since the award of the ITB, the Miami Dade County has added additional items to standards for traffic signalization equipment that were not contemplated during the ITB process; and WHEREAS, the Transportation Department requires these items for various projects Citywide; and WHEREAS, the Procurement Department requested pricing from the Contractor for these items; and WHEREAS, the Transportation Department determined that the prices offered by the Contractor are fair, reasonable and consisted with the Florida Department of Transportation; and WHEREAS, staff has determined that it is in the best interest of the City to add these items to the Contract with AUM Construction, Inc.; and WHEREAS, on July 31, 2019, the Mayor and City Commission adopted Resolution No. 2019-30894 authorizing the City Manager to negotiate and award contracts during the Commission's recess period until the next schedule meeting on September 11, 2019, subject to ratification; and WHEREAS, due to the time sensitive nature of the Transportation Department's project, it is in the City's best interest to approve and amend the existing Contract. 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 Contract as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. 3. The Contract is hereby modified (deleted items and inserted items underlined) to include unit pricing for the additional items set forth in Exhibit "A-1" attached hereto and incorporated by reference herein. 4. RATIFICATION. Except as amended herein, all other terms and conditions of the Contract shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Contract, the provisions of this Amendment shall govern. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. • FOR CITY: CITY 0 MIAMI BEA ',FLORIDA ATTEST: By: .11.11i, Rafael E. ranado, City Clark Jimm . Mo • , I ity Manager 1/4.1‘ jGi 1_011411 Date ..,,.„,,. IAr� 7 0 \ /S FOR CONSULTANT: tIN(OR OOF,ATEIk JM CONSTRUCTION, INC. ATTEST: By: S' Pre ident /, Print Name Print Name 0 (2--31/ ' Date F:ATTOITORG\GISELA\FORNISUMENDMEMStAMENDMENTTEMPLATE A--APR:; ;.moi_”" FORM O i::,E , &FOR E ACU ,s � L 1 cityAttcrney /J4" Data — SUPPORT DOCUMENTS : 1) APPENDIX E COST PROPOSAL 2) CITY MANAGER APPROVAL 3) VENDOR DOCUMENTS 4) CONTRACT 5) SUN BIZ EXHIBIT A-1 COST PROPOSAL FORM FOR ADDITIONAL ITEMS Failure to submit Appendix E, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being re'ected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E) shall be initialed. Note: ED= Each Day AS= Assembly LF= Linear Feet P1= Per Intersection SY = Square Yards AC =Acre GM = Gross Mile SF = Square Foot TN = Ton LS = Lump Sum HR= Men hours Group I Push Button Services Traffic Signal Improvements and Repairs - Contractor shall provide pricing below inclusive of all labor, material, equipment, supervision, mobilization and demobilization costs, maintenance of traffic, if necessary, and transportation necessary on an as-needed basis for the City of Miami Beach in accordance with the bid specifications. ITEM NUMBER DESCRIPTION UNIT A.U.M. CONSTRUCTION, INC. HUMBERTO ORTIZ 305 345-5347 HO@AUMINC.US 0624-1-20 IN ROADWAY LIGHT ASSEMBLY F&I AS $ 42,000.00 SOLAR POWERED 0649-26-3 STEEL MAST ARM ASSEMBLY, EA $ 2,000.00 REMOVE 0711 11421 THERMOPLASTIC, STD, BLUE, SOLID,6" LF $ 8.00 0711 14123 THERMOPLASTIC, PREFORM, WHITE, LF $ 25.00 SOLID,12" 1 ITB 2018-077-WG ITEM NUMBER DESCRIPTION UNIT A.U.M. CONSTRUCTION 0711 14125 THERMOPLASTIC, PREFORM, WHITE, LF $ 35.00 SOLID,24" 102-1 MAINTANCE OF TRAFFIC DA $ 500.00 1050-16-004 UTILITY PIPE REMOVE AND DISPOSE LF $ 50.00 647-11-30A STEEL MAST ARM ASSEMBLY F & I EA $ 18,000.00 SINGLE ARM 30' (DS-11) 647-11-46A STEEL MAST ARM ASSEMBLY F & I EA $ 19,500.00 SINGLE ARM 45' (DS-19) 649-21-1 STEEL MAST ARM SINGLE ARM 30' F & I EA $ 46,000.00 649-21-10 STEEL MAST ARM SINGLE ARM 60' F & I EA $ 58,000.00 649-21-11 STEEL MAST ARM DOUBLE ARM 60'- 30' EA $ 86,000.00 F& I 649-21-3 STEEL MAST ARM SINGLE ARM 40' F& I EA $ 54,000.00 649-21-4 STEEL MAST ARM DOUBLE ARM 40' -30' EA $ 68,000.00 F& I 649-21-5 STEEL MAST ARM DOUBLE ARM 40-40' EA $ 80,000.00 F& I 649-21-6 STEEL MAST ARM SINGLE ARM 50' F& I EA $ 56,000.00 649-21-7 STEEL MAST ARM DOUBLE ARM 50'- 30' EA $ 80,000.00 F& I 649-21-8 STEEL MAST ARM DOUBLE ARM 50'-40' EA $ 84,500.00 F& I 649-21-9 STEEL MAST ARM DOUBLE ARM 50'- 50' EA $ 85,000.00 F& I 654-1-10 IN ROADWAY LIGHT ASSEMBLY F&I AC AS $ 40,000.00 POWERED 654-2-11 RECTANGULAR RAPID FLASHING AS $ 11,000.00 BEACON F&I AC POWERED COMPLETE __SIGN ASSEMBLY-ONE DIRECTION 654-2-12 RECTANGULAR RAPID FLASHING AS $ 12,000.00 BEACON F&I AC POWERED COMPLETE SIGN ASSEMBLY-BACK TO BACK 654-2-21 RRFB FURNISH AND INSTALLED AS $ 14,000.00 SOLAR POWER-SINGLE DIRECTION 654-2-22 RRFB FURNISH AND INSTALLED EA $ 15,000.00 SOLAR POWER-BACK TO BACK 660-21-06M LOOP ASSEMBLY TYPE F MODIFIED EA $ 1,000.00 (BICYCLE) 665-005-005 MID BLOCK PEDESTRIAN DETECTOR EA $ 1,200.00 665-006-001 THERMAL PASSIVE PEDESTRIAN EA $ 18,500.00 DETECTOR 2 ITB 201 8-077-WG ITEM NUMBER DESCRIPTION UNIT A.U.M. CONSTRUCTION 700-019-002 ELECTRONIC SPEED FEEDBACK EA $ 16,500.00 SIGNAGE-SCHOOL ZONE 700-5-21 INTERNAL ILLUM SIGN, F&I OM, UP TO EA $ 3,000.00 12 SF 3 ITB 2018-077-WG MI AM I B EAC H REQUEST FOR CITY MANAGER APPROVAL PROCUREMENT DEPARTMENT 2019-221-LB Requested Action Waiver Award of ITQ Contract Execution Request for Contract Term Renewal Change Order Approval XXX Other: City Manager Approval Request approval to amend contract ITB No.2018-077-WG for Traffic Signal Improvements. Why is requested action necessary? On June 20, 2018, the City entered into an Agreement with A.U.M. Construction, Inc. ("AUM")and AGC Electric Inc. ("AGC") pursuant to ITB 2018-077-WG for Traffic Signal Improvements and Repairs. The Agreements established fixed unit pricing for a wide range of items and activities that may be required for future traffic signal improvement projects and repairs. However,since the award of the ITB,the Miami Dade County has added additional items to the standards for traffic signalization equipment that were not contemplated during the ITB process. These items may be required for future projects. In order to utilize this contract and continue to meet the standards stipulated by Miami-Dade County, the Procurement Department requested pacing for the additional items identified by the Transportation Department from AUM and AGC.The Transportation Department determined that the prices offered by the Contractors are fair and reasonable. Therefore, based on the justification stated herein,and pursuant to Resolution 2019-30894 of this items seeks the approval of the City Manager to amend contract 2018-077-WG for Traffic Signal Improvements and Repairs. Previous Action(s) N/A Authority Pursuant to Resolution 2019-30894 of the Mayor and City Commission of the City of Miami Beach Florida,authorizing the City Manager,or his designee,to select, negotiate, award and reject all bids, contracts, agreements and grant applications;renew existing contracts that may expire, and terminate existing contracts,as needed,from the last Commission meeting on July 31, 2019, until the first regularly scheduled,meeting on September 11, 2019. Fiscal Impact N/A Term N/A Attachments Amendment 1 to 2018-077-WG for A.U.M. Amendment 1 to 20 8-077-WG for A.G.C. Approval De. H-ad: Prow ment: ACM(s):( Cit Date: J .7'gl4 Date: Date: f �9 , �°I 8-1G•/q �- 9 S A.]v1oM A NEW WAY TO SIGN IN-If you already have a SAM account,use your SAM email for login.gov. Log In SYSTEM FORAWARD MANAGEMENT Login.gov FAQs Ai ALERT:SAM.gov will be down for scheduled maintenance Saturday,08/17/2019,from 8:00 AM to 3:00 PM(EDT). 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If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.11-2017) [A MIAMI BEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For Traffic Signal Improvements and Repairs CONTRACT NO.: ITB 2018-077-WG EFFECTIVE DATE(S): This Contract shall remain in effect for a period of three (3) years from date of execution by the Mayor and City Clerk of the City of Miami Beach, and may be extended at the sole discretion of the City, through its City Manager, for two (2) additional (1) year terms. SUPERSEDES: NA CONTRACTOR(S): A.U.M Construction Inc. ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida ("City"), on June 6th, 2018, approving the award of this Contract, and upon execution thereof by the City and A.U.M Construction Inc., a Florida corporation (the "Contractor"). B. EFFECT - This Contract is entered into to provide for Traffic Signal and Improvements and Repairs pursuant to City Invitation to Bid No. ITB 2018-077-WG and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Department of Procurement Management policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2018-077-WG. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to City of Miami Beach, Josiel Ferrer, Transportation Manager/Transportation Department at 305-673-7000 ext. 6831. E. INSURANCE CERTIFICATES) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or ITB-2018-077-WG Page 1 Page 2 Certification of Contract any portion of work and/or services required by the Contract Documents without the prior written consent of the City. Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS— Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES — Contractor acknowledges that the provisions of the Public Entity Crimes Act, Section 287.133, Florida Statutes, shall apply to this Contract, which statute provides, in pertinent part, that a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. ITB-2018-077-WG Page 2 Page 3 Certification of Contract K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Josiel Ferrer City of Miami Beach Department of Transportation 1688 Meridian Avenue, Suite 801 Miami Beach, Florida 33139 Phone:305-673-7000 ext. 6831 Email: Josielferrermiamibeachfl.gov With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: A.U.M Construction Inc. 8950 NW 119 Street Hialeah Gardens, FL. 33018 Attn: Humberto Ortiz Phone: 305-345-5347 E-mail: hong auminc.us L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. ITB-2018-077-WG Page 3 Page 4 Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. R. Contractor shall have no entitlement to perform any services hereunder, or to be compensated for any services, unless set forth in a written Purchase Order. S. ADDITIONAL ITEMS / SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for the additional items. If these quote(s) are determined to be fair and reasonable, then the additional items will be awarded to the current contract vendor(s) through either a Purchase Order (or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of $50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than $50,000. ITB-2018-077-WG Page 4 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this 2 0 day of 7-,K , 20 I by their respective duly authorized representatives. A.U.M CONSTRUCTION INC. CITY OF MIAMI BEACH 4ID By 01. 1� B �_ P :side it/Signa • e ayor Print Name ATTEST: ATTEST: it Sec - • /Si•nature Rafael E. Granado, City Clerk Print Name �4,0". s coo - 2s' Date ' INCORP !ORATED= " $ • >? ' ,9 ,,���--_�� OUA° r4BE P_XECUTION •� Ifib 1 City Attorney 2qe Da ITB-2018-077-WG Page 5 Detail by Entity Name Page 1 of 2 Flonda Department of State DIVISION OF CORPORATIONS .044Agarg Drirnoll uf C'J�PPOPA f'(Jr'j:, an official Strut'of Florida welilltr Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entity Name Florida Profit Corporation AUM CONSTRUCTION INC. Filing Information Document Number P06000007050 FEI/EIN Number 20-8608887 Date Filed 01/13/2006 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/12/2018 Principal Address 424 SW 7TH ST.,#402 MIAMI, FL 33130 Changed: 08/10/2016 Mailing Address 8950 NW 119th St Hialeah Gardens, FL 33018 Changed: 04/19/2017 Registered Agent Name&Address NUNEZ, RODOLFO 255 UNIVERSITY DRIVE CORAL GABLES, FL 33158 Name Changed: 10/12/2018 Address Changed: 06/17/2016 Officer/Director Detail Name&Address Title Secretary Aracil, Juan 424SW7St 402 Miami, FL 33130 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/20/2019 Detail by Entity Name Page 2 of 2 Title V GONZALEZ, PATRICIA 8950 NW 119 ST HIALEAH GARDENS, FL 33018 Title PT ORTIZ, HUMBERTO 8950 NW 119 ST HIALEAH GARDENS, FL 33018 Annual Reports Report Year Filed Date 2017 04/19/2017 2018 10/12/2018 2019 02/06/2019 Document Images 02/06/2019--ANNUAL REPORT View image in PDF format 10/12/2018--REINSTATEMENT View image in PDF format 04/19/2017--ANNUAL REPORT View image in PDF format 06/17/2016--Amendment View image in PDF format 06/17/2016--Off/Dir Resignation View image in PDF format 03/09/2016—ANNUAL REPORT View image in PDF format 03/03/2015--ANNUAL REPORT View image in PDF format 12/08/2014--AMENDED ANNUAL REPORT View image in PDF format 10/24/2014--AMENDED ANNUAL REPORT View image in PDF format 07/18/2014—Off/Dir Resignation View image in PDF format 07/15/2014—AMENDED ANNUAL REPORT View image in PDF format 07/08/2014--AMENDED ANNUAL REPORT View image in PDF format 05/01/2014--REINSTATEMENT View image in PDF format 02/02/2010--Off/Dir Resignation View image in PDF format 10/05/2009—REINSTATEMENT View image in PDF format 07/08/2008--ANNUAL REPORT View image in PDF format 07/27/2007--ANNUAL REPORT View image in PDF format 01/13/2006--Domestic Profit View image in PDF format Florida Department of State.Dnosion of Corporations http://search.sunbiz.org/.Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/20/2019