HomeMy WebLinkAboutExhibitFIRSTAMENDMENT
TO CONTRACT
Between
CITY OF MIAMI
AND
M.E.F. CONSTRUCTION, INC.
This First Amendment (the "First Amendment") is made and entered into this
day of , 2008, but effective 10 days after the Notice to Proceed is
issued by the Department Director (the "Effective Date"), 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, loth Floor, Miami, Florida 33130 ( the "City") and
M.E.F. Construction, Inc., a Florida corporation, whose principal address is 782
N.W. LeJeune Road, Ste 640, Miami, Florida, 33126 ("the Contractor").
WITNESSETH:
WHEREAS, pursuant to Resolution No. 06-0580, adopted by the Miami City
Commission on October 12, 2006 (the "Authorizing Resolution"), the City Commission
accepted the bid of M.E.F. Construction, Inc. (the "Contractor"), and entered into a
Contract for Citywide Sidewalk Repair Project, Phase 29, 2nd Bidding, B-43114A,
dated November 16, 2006 (the "Contract"), but effective as of January 3, 2007 after a
Notice to Proceed was issued by the Department Director, for a one (1) year period in an
annual amount not to exceed Nine Hundred Seventeen Thousand dollars ($917,000); and
WHEREAS, the Contract provided for up to four (4) additional one (1) year
options to renew, in an annual amount not to exceed Nine Hundred Seventeen Thousand
dollars ($917,000) for each such option year; and
WHEREAS, the Public Works department exercised the first option on the
Contract;
WHEREAS, on , 2008, the City Commission adopted Resolution
No. , authorizing an Amendment to the Contract to provide for additional
services at the locations described in Attachment "A," and increasing the second year
Contract amount by an amount not to exceed Four Hundred Thousand Dollars
($400,000), thereby increasing the total second year Contract amount to One Million,
Three Hundred Seventeen Thousand Dollars ($1,317,000).
NOW, THEREFORE, in consideration of the foregoing, and the promises and
covenants contained herein the parties hereby amend and extend the Contract as follows:
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1. ARTICLE 1. SCOPE OF WORK: Article 1 of the Contract is amended To
include the additional services, consisting of all labor, materials and equipment for the
work described in Exhibit "A" attached hereto and made a part of this Agreement.
1. ARTICLE 2. CONTRACT SUM: Article 2 of the Contract is amended to
increase the second year Contract sum by an amount not to exceed Four Hundred
Thousand Dollars ($400,000), thereby increasing the total second year Contract amount
to One Million, Three Hundred Seventeen Thousand Dollars ($1,317,000).Should the
City decide to exercise the remaining options available, the annual amount will be as
follows:
The second option to renew in annual amount not to exceed Nine Hundred Seventeen
Thousand dollars ($917,000) for Fisoal Year 2008-2009;
The third option to renew in annual amount not to exceed Nine Hundred Seventeen
Thousand dollars ($917,000) for Fiscal Year 2009-2010;
The fourth and final option to renew in annual amount not to exceed Nine Hundred
Seventeen Thousand dollars ($917,000) for Fiscal Year 2010-2011.
3 RECITALS, INCORPORATIONS, AND UPDATED REQUIREMENTS:
The recitals are true and correct and are hereby incorporated into and made a part of this
First Amendment. The City's Authorizing Resolution No. 06-0580, the Contract, the
Notices to Proceed, and all attachments thereto are hereby incorporated, made a part of
this First Amendment, and attached hereto as "Composite Exhibit B", 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 First Amendment and attached
hereto as Composite Exhibit "C." This First Amendment and the Contact, including all
Exhibits hereto and thereto as amended and extended 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, renewed, extended, and in
full force and effect.
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IN WITNESS WHEREOF the parties hereto have executed this First
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)
CONTRACTOR:
M.E.F. Construction, Inc.
A Florida Corporation
BY: BY:
Print Name :
Print Name: Print Title:
Corporate Secretary
(Employer Tax I.D. Number)
(SEAL) THE CITY OF MIAMI, FLORIDA,
a municipal corporation,
ATTEST: BY:
Priscilla A. Thompson
City Clerk
Pedro G. Hernandez, P.E.
City Manager
APPROVED AS TO INSURANCE
APPROVED AS TO REQUIREMENTS:
ENGINEERING:
Stephanie N. Grindell, P.E. LeeAnn Brehm, Director
Director, Public Works Risk Management
APPROVED AS TO FORM AND
CORRECTNESS
Julie O. Bru
City Attorney
RESOLUTIONS NO. 06-0580
'BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO EACH
COUN I'ERPART AS EXHIBIT "C" 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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CORPORATE RESOLUTION
WHEREAS, desires to enter into a
First Amendment ("First Amendment") to the Contract for Citywide Sidewalk
Repair Project, Phase 29, 2"`' Bidding, B-43114A, dated November 16, 2006,
but effective as of January 3, 2007 after a Notice to Proceed was issued by the
Department Director, (the "Contract") with the City of Miami for the purposes of
amending the Contract for performing the work as described in the First
Amendment to 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 First 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
Corporate Secretary
Chairperson of the Board of Directors
(Corporate Seal)
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