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R10-112 II , 1 RESOLUTION RI0-11?- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING EXECUTION BY 6 THE CITY MANAGER AND CITY CLERK OF AN 7 ADDENDUM TO AGREEMENT FOR 8 CONSTRUCTION SERVICES BETWEEN THE CITY 9 OF BOYNTON BEACH AND 1950 CONGRESS 10 A VENUE, LLC., REGARDING THE INCREASE IN 11 FINAL PROJECT TOTAL FOR WATER AND 12 SEWER MAIN IMPROVEMENTS IN 13 COORDINA TION WITH THE WIDENING OF OLD 14 BOYNTON ROAD TO $455,328.50; AND PROVIDING 15 AN EFFECTIVE DATE. 16 17 WHEREAS, on February 17,2009, the City Commission authorized an agreement 18 between the City and 1950 Congress Avenue LLC., to perform water and sewer main 19 improvements in coordination with widening of Old Boynton Road in the amount of 20 $390,682.50 plus a 10% contingency of $39,068.25, resulting in an original funding of 21 $429,750.75; and 22 WHEREAS, nine Field Change Directives have caused the net project price to 23 exceed the approved contingency by $25,577.75; and 24 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it 25 in the best interest of its residents and citizens to approve the Addendum to Agreement for 26 Construction Services between the City of Boynton Beach and 1950 Congress A venue, 27 LLC. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 29 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 31 as being true and correct and are hereby made a specific part of this Resolution upon S \CA\RESO\Agreements\Reso - Addendum to 1950 Congress Avenue Construction Services Agreement.doc f I r 1 adoption hereof. 2 Section 2. The City Commission of the City of Boynton Beach, Florida does 3 hereby authorize and approve execution by the City Manager and City Clerk of the 4 Addendum to Construction Services Agreement between the City of Boynton Beach and 5 1950 Congress Avenue, LLC., to increase the final project total to $455,328.50 regarding 6 water and sewer main improvements in coordination with the widening of Old Boynton 7 Road, a copy of which Addendum is attached hereto as Exhibit "A". 8 Section 3. This Resolution will become effective immediately upon passage. 9 PASSED AND ADOPTED this 17 day of August, 2010. 10 11 CITY ,oF BOYNTON BEACH, FLORIDA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: 28 29 30 31 32 33 34 35 36 S \CA\RESO\Agreements\Reso - Addendum to 1950 Congress Avenue Construction Services Agreement.doc I: 10-11 ~ ADDENDUM TO AGREEMENT FOR CONSTRUCTION SERVICES This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and 1950 CONGRESS AVENUE LLC., a Florida limited liability company, hereinafter referred to as "DEVELOPER". WITNESSETH: 1. The Agreement between the CITY and the DEVELOPER entered into the 17th day of February, 2009 is amended as set forth below. 2. All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 1.1.3 The DEVELOPER does accept this Agreement and does agree to cause the CONTRACTOR (or other such contractor as the CITY and DEVELOPER may reasonably agree upon) to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all of the work set forth in this Agreement for the price and amount set forth in CONTRACTOR'S Bid/Proposal for $455,328.50, which Bid/proposal is attached hereto as Exhibit .'B", and incorporated herein by reference, and in conformance with the Project Summary, which are attached hereto as Exhibit "'A", and incorporated herein by reference. CA-l IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY ~ BY: Kurt Bressner, City Manager ATTEST: APPROVED ~. TO FORM: J net M. Prainito, MMC ity Clerk ST A TE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it. and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this !{P-tbday of N()Uem~OlO. ~ AI-~ ~U1.if tJ./l bzA-\'hlI),'--. NOTARY PUBLIC My Commission Expires: ~,jr/l bOla... ~(H.Jlt?Iln~ (!he((~ -8ullt'frY'O. r7 NOTARY PUBUC-STATE OF FLORIDA .::-i"~ Cat.beri~e ~herrl'.Guberman : :: CommIsSIOn # DD792144 \" "l Expires: MAY 27, 2012 BONDED THRU ATLANTlC BONDING CO., t'i{~ CA-2 1950 CONGRESS A VENUE, LLC. WITNESSES: BY: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared J.e.(:.r FUQUu. , and acknowledged he/she executed the foregoing Agreement for the use and' purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FO~GOING, I have set my hand and official seal at in the State and County aforesaid on this rz. Clay of OdOOer20 10. -tl$~ NO Y PUBLIC My Commission Expires: 3/2../(3 ,II I 1\ \ \ II" 1111///// """ \. \:. 0 BET, (' /11/// " ~ ... ...... I,> '/ ; ""COmrn1j:'" ~ -.. .t/.",_ :3 :.'t' ~OIARy 0.... ~ :: : ... ~: = ~ 0 :" PUBLIC: ~ ~ %. 1- 'O/JrPIRI;.\<>;,..:j ! -:::/ ""Y(,9' :02.2() . . 0 ~ ///111/ C'OUN'l''', 0C(.","~ /////11111111' \ \ \ I II' CA-3 The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@bbfl.us www.boynton-beach.org MEMORANDUM TO: Tim Howard Finance FROM: Janet M. Prainito City Clerk DATE: August 18, 2010 SUBJECT: Rl0-112 Addendum to Agreement with 1950 Congress Avenue LLC for Construction Services Attached for your handling are the original addendum and a copy of the Resolution mentioned above. Once the document has been executed, please return the original to the City Clerk's Office for further processing. Please contact me if there are any questions. Thank you. , ~Yn.~ Attachments (2) (Agreement & Resolution) C: Central File \ S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\20IO\Tim Howard RIO-I 12.doc America's Gateway to the Gulfstream