HomeMy WebLinkAboutConsent to 1st Amendment to JOC 14-03/04a0d~ -- 2 ~ Spa 9
CONSENT TO ASSIGNMENT
AND
FIRST AMENDMENT TO JOB ORDER CONTRACT (JOC)
NO. 14-03/04
This Consent to Assignment and First Amendment to Job Order Contract
(JOC) No. 14-03/04, dated July 12, 2004 (the JOC Contract), is entered into
this 10th day of January, 2007, by and among the CITY OF MIAMI BEACH, a
Florida municipal corporation, whose address is 1700 Convention Center Drive,
Miami Beach, Florida, 33139 (the "City"); Pass International, Inc., a Florida
corporation, whose principal address is 150 NW 73~d Street, Miami, Florida,
33150, as Assignor of that certain JOC Contract; and Tran Construction, Inc.,
a Florida corporation, whose principal address is 1000 NW 54th Street, Miami,
Florida 33127, as the new JOC Contractor and Assignee under said
assignment as herein below consented to by the City.
WITNESSETH:
WHEREAS, on May 26, 2004, the Mayor and City Commission
approved Job Order Contract No. 14-03/04 for Capital Improvements Projects,
dated July 12, 2004, with Pass International, Inc. (the JOC Contract); and
WHEREAS, Pass International, Inc., also referred to herein as
Assignor, now wishes to assign the JOC Contract to Tran Construction, Inc.
(Assignee and/or the new JOC Contractor); and
WHEREAS, pursuant to Section 17.1 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 December 6, 2006, the Mayor and
City Commission approved the foregoing Consent to Assignment and First
Amendment to the JOC Contract; and
WHEREAS, the foregoing Consent to Assignment and First
Amendment to JOC Contract, shall have an effective date of January 10, 2007,
and remain in effect throughout the remainder of the current term of the JOC
Contract, scheduled to expire on July 12, 2009; and
WHEREAS, notwithstanding the requested assignment, Pass
International, Inc. will continue to be responsible for, and maintain all required
warranties and responsibilities, for previously completed projects and any
ongoing project with the City prior to the effective date of the Consent to
Assignment (Exhibit A-1 ).
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. 14-03/04, as
follows:
1. The City of Miami Beach, Florida, hereby consents to the assignment of
the JOC Contract, from Pass International, Inc. (also referred to as the
JOC Contractor and/or the Assignor), to Tran 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 further 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-1.
2. The new JOC Contractor shall agree to furnish to the City's Risk
Manager Certificates of Insurance or endorsements evidencing the
insurance coverage specified in Section 7.0, entitled "Insurance
Requirements", on Pages 77 through 79 of the JOC Contract.
3. The new JOC Contractor shall agree to provide Performance Bonds, and
Payment Bond, each in the amount of two million dollars ($2,000,000),
guaranteeing to City the completion and performance of the work
covered in the JOC Contract, as well as full payment of all suppliers,
laborers, subcontractors pursuant to General Conditions, Section 00800,
Paragraph 4, entitled "Performance Bond and Payment Bond", on pages
74 through 75 of the JOC Contract.
4. Section 6.6, entitled "Notices", on Page 60 of the JOC Contract, shall be
amended, in part (deleted items s~Ek ~"-~ and inserted items
underlined), to reflect the new JOC Contractor contact information as
follows:
The address for notices to Contractor is:
D~~~ In~ern~4ir~n.~l Inn
~~~~9-PNAI-~3~~treet
Attu-RogeF°e~c
Tran Construction, Inc.
1000 NW 54 Street
Miami, Florida 33127
Attn: Henry Louden
2
All notices to the City shall be given to:
5
City of Miami Beach
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Gus Lopez
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.
6. Notwithstanding anything contained herein, Pass International, Inc. shall
continue to be responsible for, and maintain all required warranties and
responsibilities for, previously completed projects and any ongoing
project with the City prior to the effective date of the Consent to
Assignment (Exhibit A-1 ).
IN WITNESS WHEREOF, the City, Assignor and the new JOC
Contractor/Assignee have hereunto affixed their respective hands and seals at
the place, and on the day and date first hereinabove written. Signed, sealed
and delivered in the presence of:
Attest:
~I/l. C~
Robert Parcher, City Clerk
Attest:
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Secretary ~
/Prin} AI o1
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(Print Nam
CITY OF MIAMI BEACH, FLORIDA:
r Matti Herrera Bower
Vice-Mayor
Assignor:
PASS INTER TIONAL~~f
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President />"'
(Print Na
New JQC Co actor/Assignee:
TRAI~j~ON UCTION, INC.
Pr nt AP AS TO
FORM & LANGUAGE
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EXHIBIT A-1
CONSENT TO ASSIGNMENT
Job Order Contract No. 14-03104, dated July 12, 2004
This Assignment is being entered into on this 6t" day of December 2006, by and between
PASS INTERNATIONAL, INC. ("Assignor"), a Florida corporation, and PASS
TERNATIONAL, INC., a Florida corporation ("New JOC Contractor/Assignee") whose
~~ `rincipal address is ,Miami, Florida 33155.
~~ WITNESSETH, that for valuable consideration in hand paid by the Assignee to the
Assignor, receipt of which is hereby acknowledged, the Assignor hereby assigns and
transfers to the New JOC Contractor/Assignee, and Assignee hereby accepts, all of its
right, title and interest in and to the following described agreements:
Assignee agrees to all legal terms and conditions, and responsibilities
outlined in the Assignor's JOC Contract No. 14-03/04;
2 Assignee, agrees to honor and maintain all required warranties and
responsibilities for all previously completed projects by Assignor, and
any ongoing project that Assignor has with the City, as of the effective
date of this Consent to Assignment (December 6, 2006);
3 Assignor will continue to honor and maintain all required warranties and
responsibilities for previously completed projects and any ongoing
project with the City, as of December 6, 2006.
IN WITNESS WHEREOF, the Assignor and New JOC Contractor/Assignee have
executed this Assignment on the day and year first above written.
Pass International, Inc. (Assigno,~}''' /~'
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President
(Print Name)
Tran Construction, In . (New JC Contractor/Assignee)
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By: Date: / G'
Presiden
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(Print Name) > ~~
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Attest: Date: ~ ~ `~
Secretary ,
FORM & LANGUAGE
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(Print Name) & FOR UTION
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