HomeMy WebLinkAboutSecond AmendmentSECOND AMENDMENT
TO CONTRACT
Between
CITY OF MIAMI
AND
CONDO ELECTRIC MOTOR REPAIR, CORP.
This Second Amendment ("Second Amendment") is made and entered into this
day of , 2008, 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 10th
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 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 would like to amend the original Contract to correct an error
in the retainage provision of said Contract.
NOW, THEREFORE, in consideration of the foregoing, and the promises and
covenants contained herein the parties hereby amend the Contract as follows:
1. ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with
the provisions fully set forth in the "General Conditions" of the "Specifications" attached
hereto, and subject to additions and deductions as provided, the City shall pay the
Contractor as follows:
(a) On or before the 10th day of each calendar month, the City shall make partial
payments to the Contractor on the basis of the estimate of work performed by the
Contractor during the preceding calendar month, duly certified and approved by the
City's Project Manager, less 10% Retainage on new parts and equipment only.
Except as specifically modified herein, all terms and conditions, representations,
warranties, and covenants of the Contract remain unchanged, reinstated, renewed,
extended, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Second
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)
BY:
Print Name: ACTOR J OMEZ J R .
Corporate Secretary
(SEA,L)
A T "?'EST:
Prisc la A. Thom on
City Clerk
CONTRACTOR:
Condo Electric Motor Repair, Corp.
A Florida Corporation
BY: hLj-f---,
Print Name?HECTOR A. GOMEZ
Print Title: PRESIDENT
59-2500665
(Employer Tax I.D. Number)
THE CI"'
a munici
BY: v
Pedro G. Hen
City Manager
MI, FLORIDA,
.E.
'BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL. BE ATTACHED TO EACH
COUNTERPART AS EXHIBIT "A" A CERTIFIED COPY OF A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE
CONTRACT TO DO SO ON ITS BEHALF.
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APPROVED AS TO
ENGINEERING:
Stephanie N. Grindell, P.E.
Director, Public Works
APPROVED AS TO FORM AND
CORRECTNESS
Julie O. B
City Attorney
RESOLUTIONS NO. 07-0005 and 07-0556
APPROVED AS TO INSURANCE
REQUIREMENTS:
LeeAnn Brehm, Director
Risk Management
CORPORATE RESOLUTION
WHEREAS, desires to enter into a
Second Amendment ("Second Amendment") to the Contract for Storm Water
Pump Station Maintenance Repair, B-30395 dated March 22, 2007, (the
"Contract") but effective as of January 8, 2007 with the City of Miami for the
purposes of amending the Contract as described in the Second 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,
orporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that
the PRESIDENT
(type title of officer)
HECTOR A. GOMEZ
is hereby authorized
(type name of officer)
and instructed to enter into the Second 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 First Amendment to the Contract to which
this resolution is attached, to update the insurance requirements, and to execute
the corresponding performance bond.
DATED this 15TH
t
Corpor to Secretary
day of JULY 20 011
Ait-_
Chairperson of the Board of Directors
(Corporate Seal)
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