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FIRST AMENDMENT TO CITY OF SUNNY ISLES BEACH AND WILLIAMS PAVING CO., INC. AGREEMENT CONTRACT NO. C0708-081 THIS FIRST AMENDMENT is made and entered into this _day of 2008, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred to as "City") and WILLIAMS PAVING CO., INC. ("Contractor") a business corporation licensed in the State of Florida, whose Federal Identification # is WHEREAS, the City is in need of a Contractor to furnish materials, equipment and labor to reconstruct the southern lane of Sunny Isles Boulevard, west from Collins Avenue in the City of Sunny Isles Beach, and the City issued and advertised Bid 07-03-02 for the State Road 826/Sunny Isles Boulevard Project; and WHEREAS, on May 17, 2007 via Resolution No. 2007-1103, the City Commission entered into an agreement with Contractor to provide the services on a unit price basis in a total amount not to exceed Two Million Eight Hundred Sixty-Three Thousand Nine Hundred Fifty-Eight Dollars and Seventy Cents ($2,863,958.70); and WHEREAS, the City has determined that further drainage and paving work is required for the State Road 826/Sunny Isles Boulevard Project; and WHEREAS, Contractor has provided a proposal for these services and has expressed the ability and desire to provide these services; and WHEREAS, the City wishes to enter into a First Amendment to the Agreement with Contractor to provide the services on a unit basis in an amount not to exceed Two Hundred Eighty Thousand One Hundred Five Dollars and Thirty-Nine Cents ($280,105.39), attached hereto as Exhibit "A", bringing the total contract amount not to exceed Three Million One Hundred Forty-Four Thousand Sixty-Four Dollars and Nine Cents ($3,144,064.09), unless amended by prior approval of the City. NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. ADDITIONAL SCOPE OF WORK: Contractor shall provide additional services expanding the scope of the original agreement with Contractor for State Road 826/Sunny Isles Boulevard, to include accommodating the north side merchants with the relocation of barricades, additional curb and gutter work, and other minor improvements, as more fully described in Attachment "A". 2. COST: The total cost for this First Amendment shall not exceed Three Million One Hundred Forty-Four Thousand Sixty-Four Dollars and Nine Cents ($3,144,064.09). 3. TERM: The term to this First Amendment to Agreement shall begin upon the execution and shall end upon the completion of the State Road 826/Sunny Isles Boulevard Project. 4. INCORPORATION OF TERMS AND CONDITIONS: Except as expressly amended or modified by this First Amendment, all of the terms and conditions of the original Agreement between the parties and all amendments subsequent thereto, shall remain in full force and effect. u r ~ C0708-081 I sl Amendment Williams Paving Co., Inc. Agreement