HomeMy WebLinkAboutThird AmendmentTHIRD AMENDMENT
TO CONTRACT
Between
CITY OF MIAMI
AND
CONDO ELECTRIC MOTOR REPAIR, CORP.
This Third Amendment ("Third 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 IOth
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 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, on January 15, 2008, the Miami City Commission adopted
Resolution No. , authorizing an increase to the second year of the contract
in the amount of $80,000, increasing the second year contract amount from Two Hundred
and Twenty -Nine Thousand, Four Hundred Dollars ($229,400) to Three Hundred and
Nine Thousand, Four Hundred Dollars ($309,400). The Resolution further authorized an
increase of $20,000 per year for the remaining three (3) options to renew, increasing the
annual contract amount for the three (3) 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: The City shall pay to the Contractor,
for the faithful performance of the Contract, in lawful money of the United States, and
subject to additions and deductions and based on unit prices (where applicable), all as
provided in the Proposal attached hereto and other Contract Documents attached hereto,
the sum of Two Hundred Twenty -Nine Thousand Four Hundred Dollars and no cents
($229,400.00), for the term of this Agreement. aad, . the event the Gi4y exeTeises
. The
amounts of the 4 options to renew will be as follows:
The first option to renew in annual amount not to exceed $309,400;
The second option to renew in an annual amount not to exceed $249,400;
The third option to renew in an annual amount not to exceed $249,400,
The fourth and final option to renew in an annual amount not to exceed $249,400.
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 Third
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:
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
'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.
3
CORPORATE RESOLUTION
WHEREAS, desires to enter into a
Third Amendment ("Third 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 Third 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 name of officer)
(type title of officer)
is hereby authorized
and instructed to enter into the Third 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 day of 20
Chairperson of the Board of Directors
Corporate Secretary (Corporate Seal)