HomeMy WebLinkAboutExhibitFOURTH AMENDMENT
TO CONTRACT
Between
CITY OF MIAMI
AND
CONDO ELECTRIC MOTOR REPAIR, CORP.
This Fourth Amendment ("Fourth Amendment") is made and entered into this
day of , 2009, by and between the City of Miami. Florida, a
municipal corporation of the State of Florida, whose principal address is 444 S.W.
2nd Avenue, 10th Floor, Miami, Florida 33130 ( the "City") and Condo Electric
Motor Repair, Corp., a Florida corporation, whose principal address is 3615 East 101,
Court, Hialeah, Florida, 33013 ("Contractor").
WITNESSETH:
WHEREAS, pursuant to Resolution No. 07-0005, adopted by the Miami City
Commission on January 11, 2007 (the "Authorizing Resolution"), the City Commission
accepted the bid of Condo Electric Motor Repair, Corp. (the "Contractor"), and entered
into a Contract for Storm Water Pump Station Maintenance Repair, B-30395 dated
March 22, 2007, (the "Contract") but effective as of January 8, 2007, after an Emergency
Notice to Proceed was issued, for a one (1) year period in an annual amount not to exceed
Two Hundred and Twenty -Nine Thousand, Four Hundred Dollars ($229,400); and
WHEREAS, the Contract provided for up to four (4) additional one (1) year
options to renew, in an annual amount not to exceed Two Hundred and Twenty -Nine
Thousand, Four Hundred Dollars ($229,400) for each such option year, subject to the
availability of funding and the Contractor's performance; and
WHEREAS, the City exercised its first option to renew and executed the First
Amendment to the Contract, on March 31, 2008, (but effective as of January 8, 2008) in
an amount not to exceed Two Hundred and Twenty -Nine Thousand, Four Hundred
Dollars ($229,400); and
WHEREAS, the City executed the Second Amendment to the Contract on August
8, 2008 in order to correct an error in the retainage provision of said Contract; and
WHEREAS, the City exercised its second option to renew and executed the Third
Amendment to the Contract, on January 7, 2009, in an amount not to exceed Two
Hundred and Twenty -Nine Thousand, Four Hundred Dollars ($229,400); and
08-01503 &k,16t
WHEREAS, on January 15, 2009, the Miami City Commission adopted
Resolution No. , authorizing an increase to the third year of the contract in
an amount not to exceed $100,000, increasing the third year contract amount from Two
Hundred and Twenty -Nine Thousand, Four Hundred Dollars ($229,400) to Three
Hundred Twenty Nine Thousand, Four Hundred Dollars ($329,400). The Resolution
further authorized an increase of $20,000 per year for the remaining two (2) options to
renew, increasing the annual contract amount for the two (2) remaining options from Two
Hundred and Twenty -Nine Thousand, Four Hundred Dollars ($229,400) to Two Hundred
and Forty Nine Thousand, Four Hundred Dollars ($249,400).
NOW, THEREFORE, in consideration of the foregoing, and the promises and
covenants contained herein the parties hereby amend the Contract as follows:
1. ARTICLE 2. THE CONTRACT SUM: Article 2 of the Contract is amended
to increase the third year annual amount from Two Hundred and Twenty -Nine Thousand,
Four Hundred Dollars ($229,400) to Three Hundred Twenty Nine Thousand, Four
Hundred Dollars ($329,400) for Fiscal Year 200_8-2009. Should the City decide to
exercise the remaining options available, the annual amounts will be as follows:
The third option to renew (year 4) in an annual amount not to exceed Two Hundred and
Fortv Nine Thousand. Four Hundred Dollars ($249.400) for Fiscal Year 2009-2010:
The fourth and final option to renew (year 5) in an annual amount not to exceed Two
Hundred and Forty Nine Thousand, Four Hundred Dollars ($249,400) for Fiscal Year
2010-2011.
2. RECITALS, INCORPORATIONS, AND UPDATED REQUIREMENTS:
The recitals are true and correct and are hereby incorporated into and made a part of this
Fourth Amendment. The City's Authorizing Resolution, the Contract, the Notice to
Proceed, and all attachments thereto are hereby incorporated, made a part of this Fourth
Amendment, and attached hereto as "Composite Exhibit A", including: the City's IFB
and supporting documentation as Exhibit "A" to the original Contract. Contractor's
updated insurance requirements, bonding requirements, and corporate authorization are
hereby incorporated, made a part of this Fourth Amendment and Second Extension and
attached hereto as Composite Exhibit "B." This Fourth Amendment, the Contract, and all
its amendments, including all Exhibits hereto and thereto as amended and renewed shall
collectively form the agreement between the parties.
Except as specifically modified herein, all terms and conditions, representations,
warranties, and covenants of the Contract remain unchanged and in full force and effect.
2
IN WITNESS WHEREOF the parties hereto have executed this Fourth
Amendment on the day and date first above written in five (5) counterparts, each of
which shall, without proof or accounting for the other counterparts, be deemed an
original contract.
WITNESS: (If Corporation,
attach Seal and Attest by Secretary)
RUM
Print Name:
Corporate Secretary
(SEAL)
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO
ENGINEERING:
Stephanie N. Grindell, P.E.
Director, Public Works
APPROVED AS TO FORM AND
CORRECTNESS
Julie O. Bru
City Attorney
RESOLUTIONS NO. 07-0005 and 07-0556
CONTRACTOR:
Condo Electric Motor Repair, Corp.
A Florida Corporation
BY:
Print Name
Print Title:
(Employer Tax I.D. Number)
THE CITY OF MIAMI, FLORIDA,
a municipal corporation,
BY:
Pedro G. Hernandez, P.E.
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
LeeAnn Brehm, Director
Risk Management
3
CORPORATE RESOLUTION
WHEREAS, desires to enter into a
Fourth Amendment ("Fourth Amendment') to the Contract for Storm Water Pump
Station Maintenance Repair, B-30395, with the City of Miami for the purposes of
amending the Contract as described in the Fourth Amendment and the Contract
to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the By -Laws of the corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that
the ,
(type title of officer)
is hereby authorized
(type name of officer)
and instructed to enter into the Fourth Amendment to the Contract, in the name
and on behalf of this corporation, with the City of Miami upon the terms and
conditions contained in the proposed Fourth Amendment to the Contract to which
this resolution is attached, to update the insurance requirements, and to execute
the corresponding performance bond.
DATED this day of , 20.
Corporate Secretary
Chairperson of the Board of Directors
(Corporate Seal)