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R10-135 II I 1 RESOLUTION RIO- , '3S- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 4 OF BOYNTON BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING EXECUTION BY THE CITY MANAGER AND 6 CITY CLERK OF AN ADDENDUM TO CONTRACT FOR 7 CONSTRUCTION SERVICES BETWEEN THE CITY OF 8 BOYNTON BEACH AND B & B UNDERGROUND 9 CONTRACTORS, INC., REGARDING THE INCREASE IN FINAL 10 PROJECT TOTAL FOR THE SOUTHEAST 4TH STREET WATER 11 MAIN, STORMW A TER AND ROADW A Y IMPROVEMENT 12 PROJECT TO $2,493,797.48; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, on April 21, 2009, the City Commission authorized an agreement 16 between the City and B & B Underground Contractors, Inc., to perform water, stormwater 17 and roadway improvements for the Southeast 4th Street in the amount of $2,241,861.70 18 plus a 10% contingency of$224,186.17, resulting in an original funding of $2,466,047.87; 19 and 20 WHEREAS, twenty-one Field Change Directives have caused the net project 21 price to exceed the approved contingency by $27,749.61; and 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it 23 in the best interest of its residents and citizens to approve the Addendum to Contract for 24 Construction Services between the City of Boynton Beach and B & B Underground 25 Contractors, Inc. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 29 as being true and correct and are hereby made a specific part of this Resolution upon 30 adoption hereof. S \CA\RESO\Agn:i:mi:nts\Reso - Addi:ndum to B & B Contract Construction Si:rvicesdoc I I I 1 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby authorize and approve execution by the City Manager and City Clerk of the 3 Addendum to Contract for Construction Services between the City of Boynton Beach and 4 B & B Underground Contractors, Inc., to increase the final project total to $42,493,797.48 5 regarding water, stormwater and roadway improvements for the Southeast 4th Street, a 6 copy of which Addendum is attached hereto as Exhibit "A". 7 Section 3. This Resolution will become effective immediately upon passage. IJl:., 8 PASSED AND ADOPTED this ~l day of September, 2010. 9 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: 27 yY). ~ 28 29 30 31 32 33 34 35 S:\CA\RESO\Agreements\Reso - Addendum to B & B Contract Construction Services. doc R 10 - I 2> S- ADDENDUM TO CONTRACT 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 B & B Underground Contractors, Inc., a Florida corporation, hereinafter referred to as "CONTRACTOR". WITNESSETH: 1. The Contract between the CITY and the CONTRACTOR entered into the 28th day of April, 2009 is amended as set forth below. 2. All other terms and conditions of the Contract not specifically amended shall remain in full force and effect for the balance of the term of the Contract. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and CONTRACTOR agree as follows: 1.1.6 The total contract amount is amended from $2,466,047.87 for a final project total of $2,493,797.48. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. 4i,t~f#:;~~),;.:t;~.:\~~(~. CITY J~iff ......'~ '.',', BY: , '" ..' """" t,. .~ " ., ,.' <'. .~ ,,:)~ ~.. :~. .,;;. I, 'li':'lilJP"ltf} . AT . ,:,. .~ Jan t M. Prainito, MMC C' Clerk CA-l B & B UNDERGROUND CONTRACTORS, INC. WITNESSES: ~:AZ~:~~ BY' (Print Name) 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 sle~j€"J ,,6 lJee.ieR'. and acknowledged he/she executed the foregoing Contract for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOINQ, I have set my hand and official seal at in the State and County aforesaid on this;....3tJiay 0(5~1(Mt201 O. L,(/ilZl i: 0 TARY PUBLIC '0 ~-JLllJ /7/-1 '7L'~ My Commission Expires: ~ TARY PUBLIC-STATE OF FLORIDA l'.........":, J~dipt A Pyle %.~}COmnllSslOn #DD870304 ............ Expires: APR.21 2013 BONDED 'l1fRU ATLANTIC BONDING CO.,INe. CA-3 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 Contract for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE F9REGOING, I hav,e, set my hand and official seal at in the State and County aforesaid on this..?(~ day of5q) 1trnif201 O. NOTARY PUBLlC-STATE OF FLORIDA /........0 Catherine Cherry-Guberman ~ W ~ Commission # DD792144 /, --........",..:- Expires: MAY 27, 2012 ! I 30NDED THRU ATI.ANTJC BONDING CO" LV: CCu) , I f! '1f)(l ~..1 or I.. . 1:''- NOTARY PUBLIC , My Commission Expires: (~(J+l )t'r 1\1 f. (~Ilt>( (\~ - (~U_bel'l,y)(t) 1 "T'IL' I ~,rl /. u i" II,~ L 1.)(, !.:J- \ 0<- CA-2