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HomeMy WebLinkAboutExhibit 1AMENDMENT NO. 1 TO CONSTRUCTION CONTRACT FLAGLER MARKETPLACE STREETSCAPE PROJECT (2nd BIDDING), PROJECT B-40667 This Amendment No. 1 to the Contract dated December 10, 2004 (the "Contract") between the City of Miami, a municipal corporation of the State of Florida ("CITY"), and MCM Corporation ("CONTRACTOR") for the Project entitled "Flagler Marketplace Streetscape Project (2nd Bidding)", Project No. B-40667, ("PROJECT") is entered into this day of , 2005. RECITALS WHEREAS, the Contract was entered into pursuant to the approval of the City Commission by Resolution No. 04-0782 dated December 9, 2004 in the total amount of $9,112,046.50 for the Scope of Work included in the original Contract Documents for the PROJECT; and WHEREAS, it has been determined that it is in the City's best interest to make modifications to the Contract to amend Section 6.7 regarding Assignment and Performance to allow the assignment and assumption of construction work; and WHEREAS, the City Commission has adopted Resolution No. 05- on , 2005 to approve such modifications to the Section regarding Assignment of Performance, providing the opportunity for the Contractor to assign, transfer or encumber the Contract with prior written approval of the CITY; NOW THEREFORE, for the considerations hereinafter set forth: The Agreement dated December 10, 2004 is hereby amended as follows: The existing provision of the Contract is amended in the following particulars: Article 6. Miscellaneous 6.7 Assignment and Performance providing, however, that the City Manager may allow the assignment or transfer of the Contract, in whole or in part, subject to the prior written approval of the Contractor, an assignment or assumption agreement in a form acceptable to the City will be required before such allowance is to be considered. All other terms and conditions of the contract are in effect and remain unchanged and in full force and effect. ?S,e 44, 05o // F3 THE CITY OF MIAMI, FLORIDA (SEAL) CITY OF MIAMI, FLORIDA, a municipal ATTEST: Corporation of the State of Florida By: By: Priscilla A. Thompson, City Clerk Joe Arriola, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: APPROVED AS TO LEGAL FORM AND CORRECTNESS FOR THE USE AND RELIANCE OF THE CITY OF MIAMI, FLORIDA, ONLY By: By: Dania Carrillo, Jorge L. Fernandez, City Attorney Risk Management Administrator CONTRACTOR ATTEST: By: Corporate Secretary Jorge Munilla, President M.C.M. Corporation (Affix Corporate Seal)