Consent to Assignment amendment to JOC with Gerrits Construction, Inc Attachment F
/o 01 2o 1/— 2 -77
CONSENT TO ASSIGNMENT
AND
FIRST AMENDMENT TO JOB ORDER CONTRACT (JOC)
NO. 22 -08/09
WITH
GERRITS CONSTRUCTION, INC. DATED JULY 15, 2009
The Consent to Assignment and First Amendment to Job Order Contract (JOC)
No. 22- 08/09, to provide Vertical Construction Projects, dated July 15, 2009, is entered
into this 19 day of October 2011 (Effective Date), by and among the City of Miami
Y 9 Y
Beach, a Florida municipal corporation, whose address is 1700 Convention Center
Drive, Miami Beach, Florida 33139; Gerrits Construction, Inc., a Florida corporation,
whose principal address is 8177 Glades Road, Suite 200, Boca Raton, Florida, as
Assignor of aforestated JOC Contract; and Coastland Construction, Inc., a Florida
corporation, whose principal address is 4661 SW 71 Avenue, Miami, Florida 33155, as
the new JOC Contractor and Assignee under said assignment (as herein below
consented to by the City).
WITNESSETH:
WHEREAS, on July 15, 2009, the City of Miami Beach, Florida (the City) entered
into a JOC contract with Gerrits Construction, Inc. (Contractor and /or Assignor) pursuant
to Job Order Contract (JOC) No. 22- 08/09, to provide Vertical Construction Projects (the
JOC Contract); and
WHEREAS, Contractor now wishes to assign the JOC Contract to Coastland
Construction, Inc. (Assignee or the new JOC Contractor); and
WHEREAS, pursuant to Section 18.1 of the JOC Contract, assignment of the
JOC Contract requires the written consent of the Mayor and City Commission; and
WHEREAS, the Administration has exercised its due diligence on the new JOC
Contractor and recommends said assignment; and
WHEREAS, at its regular meeting on October 19, 2011, the Mayor and City
Commission approved the following Consent to Assignment and First Amendment to the
JOC Contract; and
WHEREAS, the following Consent to Assignment and First Amendment to the
JOC Contract, shall have an effective date of October 19, 2011, and remain in effect
throughout the remainder of the current term of the JOC Contract, scheduled to expire
on July 14, 2014; and
WHEREAS, notwithstanding the requested assignment, Coastland Construction,
Inc., will assume all of the remaining obligations and responsibilities originally
undertaken by Gerrits Construction, Inc.
NOW, THEREFORE, the City, Assignor, and the new JOC Contractor /Assignee,
for and in consideration of the mutual covenants, agreements and undertakings herein
contained, do by these presents mutually covenant and agree to assign and amend JOC
Contract No. 22- 08/09, as follows:
1. The City hereby consents to the assignment of the JOC Contract, from
Gerrits Construction, Inc. (also referred to as the Contractor /Assignor), to
Coastland Construction, Inc. (also referred to as new JOC
Contractor /Assignee). Assignor and new JOC Contractor /Assignee
hereby acknowledge and agree to said assignment, and Assignee further
agrees to be bound by the terms and conditions of the JOC Contract, as
amended by this Consent to Assignment and First Amendment; all as
further evidenced by the parties' execution of the Consent to Assignment,
attached hereto and incorporated herein as Exhibit "A ".
2. On or before the Effective Date, the new JOC Contractor shall furnish to
the City's Risk Manager, Certificates of Insurance or endorsements
evidencing the insurance coverage specified in Article 7, entitled
"Insurance ", on pages 39 and 40 of the JOC Contract.
3. On or before the Effective Date, the new JOC Contractor shall agree to
provide Performance and Payment Bonds, each in the amount of one
million dollars ($1,000,000), guaranteeing to City the completion and
performance of the work covered in the JOC Contract, as well as full
payment of all suppliers, laborers, and subcontractors, pursuant to
General Conditions, Section 00400, Paragraph 4, entitled "Performance
Bond and Payment Bond ", on pages 36 and 37 of the JOC Contract.
4. Section 6.6, entitled "Notices ", on page 8 of the JOC Contract, shall be
amended, in part (deleted items struck through and inserted items
underlined), to reflect the new JOC Contractor's contact information as
follows:
The address for notices to Contractor is:
Gerrits Construction, Inc.
8177 Glades Road, Suite 200
Attn-Davicl-P7--GefFits
Coastland Construction, Inc.
4661 SW 71 Avenue
Miami, Florida 33155
Attn: Alejandro Rodriquez, President
5. Notwithstanding the City's consent to this Assignment, and new JOC
Contractor /Assignee's acceptance, Contractor /Assignor shall continue to
indemnify and hold harmless the City, its officers, agents, directors, and
employees, from any causes of actions, claims, proceedings, liabilities,
damages, losses, and costs (including, but not limited to, reasonable
attorneys fees), arising out of, caused by, or otherwise due to, the
negligence, recklessness, or intentional wrongful misconduct of
Contractor /Assignor, and /or persons employed or utilized by
Contractor /Assignor in the performance of any work and /or services under
the JOC Contract for any previously completed and /or ongoing projects
that Contractor /Assignor has worked on, and /or is continuing to work on,
as of the Effective Date. In such cases, the City shall always have full
recourse under the JOC Contract to Contractor /Assignor.
6. Except as otherwise specifically amended herein, all other terms and
conditions of the JOC Contract, shall remain in full force and effect. In the
event there is a conflict between the terms provided herein and the JOC
Contract, the provisions of this Assignment and First Amendment shall
govern.
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
'7 I ,i,,,„.,„,„,„„, i r■ By: — -- !! ,Lit 1//.1% I • I . S /—'
Ci y Clerk , ••.,..,......... �i a r
Robert Parch I *'' � % Matti Herrera Bower
(
: ANC ''
FOR ASSIGNOR: ; AR P v RATED, = 7�
ATTEST: '•
4. A % GERRIT ONSTRUCTION INC.
IF
At tY26.\ 4 ', 7
B 7 '- `"' 77 L'
Secretary Presid
)9y i > / -(
z „4 / 6/(4
Print Name Print Name
FOR NEW CONTRACTOR /ASSIGNEE:
ATTEST: COASTLAND CONSTRUCTION,
INC.
'-..) -""-
By:
Secretary President
A Lg . SA✓+Ott.. (1.$04- 16 vtr -- 4 L exaw o 04 170.16ve 2_-
Print Name Print Name APPROVED AS TO
FORM & LANGUAGE
T: AGENDA\2011 \10 -19 -11 \Gerrits Consent Assignment.doc & R1R EXECUTION
,..., ' 1,.
ION
,r-10 / "`.it '' torne y� , p e