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R95-016RESOLUTION NO. R95-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING THE BID FOR ASBESTOS ABATEMENT OF THE UTILITIES ADMINISTRATION BUILDING TO CROSS ENVIRONMENTA~ SERVICES; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND CROSS ENVIRONMENTAL SERVICES, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 19, 1994, the City Commission authori Gaudet & Associates to draw up bid specifications and consult wJ the City on the asbestos abatement project; and WHEREAS, on January 12, 1995 sixteen (16) for the asbestos abatement project, ranging $113,700; and bids were from $34,800 WHEREAS, the City Commission of the City of Boynton Bea. upon recommendation of Gaudet & Associates and staff, has deemed to be in the best interests of the citizens and residents of City to aWard the bid to Cross Environmental Services, Inc., the most responsive a~d responsible bidder meeting specs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CiTY OF BOYNTON BEACH, FLORIDA THAT: ~ The City Commission of the City of Boyn Beach, Florida, here~y awards the bid to Cross Environment Services, Inc., as t~e most responsive and responsible bid( meeting specs, and authorizes and directs the Mayor and City CI( to execute a Contract whmch ms attached hereto as Exhmbmt . Section 2. This Resolution shall take effect immediat~ upon passage. PASSED AND ADOPTED this ATTEST: Ci~ Clerk - ~'~ day of February, 1995. OF B?~'ToN ~EA~CH, FLORIDA ViCe, Mayor ; ) Mayo (CorDorate Seal) Util.asbestos 2/2/95 CONTRACT THIS AGREEMENT, made and entered into this day of , A.D. 19__, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida. hereinafter called the "CITY and cross Environm~nCaI Services, Inc. , a Florida Corporation ) Check one a Florida general partnership ( ) a Florida:limited partnership ( ) a sole proprietor ( ) hereinafter called "CONTRACTOR". That under the due procedure of law, bids were heretofore received by the City Commission of said CITY for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, has determined that the bid in the total amount of thirty four thousand ei;~hc hundred dollars And no cents , submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted., and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree 'as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid ofthe CONTRACTOR, dated January Il, 1995 , which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for Asbestos Abatement of Utilities Admin Blvd. 124 E. Woolbri~h; City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum pdces as specified in CONTRACTOR'S bid totalling $34 ~ 800. oo CC-1 A RE; BID FOR Al ADMINISTRATION ENVIRONMENTAL DIRECTING THE EXECUTE A BOYNTON BEACH INC.; DING THE OF ?IVE WHEREAS, on July 19, 1994, the City Cot, mission authorized Gaudet & Associates to draw up bid specifications and consult with the City on the asbestos abatement project; and WHEREAS, on January 12, 1995 sixteen (16) bids were opened for the asbestos abatement project, ranging from $34,800 to $113,700; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of Gaudet & Associates and staff, has deemed it -to be in the best interests~of the citizens and residents of the 'City to award the bid to Cross Environmental Services, Inc., as the most responsive and responsible bidder meeting specs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT= ~ The City.COmmission of the City of Boynt_~on Beach, Florida, hereby awards the bid to Cross Environmer Services, Inc., as the most. responsive responsible bi¢~ ir meeting specs, and authorizes and directs and City Ci~zk to eXecute a Contract which is attac as Exhibit upon passage. This Resolution shall take effect immediat.ely PASSED ANDADOPTED this day of February, 1995. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem ATTEST: Commissioner Commissioner City Clerk (Corporate Seal) Ut i 1. asbestos 2/2/95 2.0 SCOPE OF SERVICES 2.1 Contractor further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract conditions, supplemental general conditions and special conditions of the contract, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2 All the work and labor performed under this contract shall be performed, and all of the matedal furnished shall be, in strict conformity with said plans and specifications, and contractor accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 THE CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the details for said work on file in the office of the Co~,sul~:ant: . of the CITY and stdctly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and the Cor, sul~:an~: of the said CITY, and in stdct obedience with the directions which may be given by the said Consultan~ or his authorized representative, at and for the prices, herein plainly set forth, 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or'materials which may appear within one (1) year after completion of the contract and receipt of final payment. Contractor shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5To comply with the provisions of Section 215.19, Flodda Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens fo rms from all subcontractors and suppliers of materials. Forms to be specified by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have. been used or worked on by the Contractor in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition, payment of monthly or partial estimates may be withheld until this has been done to the satisfaCtion of. the CC-2 Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8 :The CONTRACTOR shall at' all times observe and comply with the provisions Florida au1 herein wdtten Out in full. Ihe project shall apply: to the contract be: included in the contra;ct the same. as though 2.9 Upon completion of the work, the Cot~sulcaac shall satisfy himself, by examination and test. that the work has been fully completed in accordance with the planS, specifications and contract documents. When the coasul~:a.c is so satisfied=, he shall recommend acceptance thereof to the City Manager; whO shall, if he ag rees With such recommendation, present the final payment application to City Commission for review and Vote to formally accept the project. of general supervision of the CITY as hereinafter provided under ;ngineef' shall not make the CONTRACTOR an agent or employee of the 'CITY. :the CONTRACTOR shall at all times, and in ali respects have the rights and liabilities of an independent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, Or other :areas of structures in anyway connected with the performance of the contract, the work as a whole shall be i workmanship o~ be workrr any partl of the'work ~ bythe consultant =, and any the ~requirements of the specifications shall good and satisfactory All settlement, .defects or damage upon 2.11 The CONTRACTOR will be held responsible for the cam, protection and condition of all work until final completion and aCceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 3.0 COMMENCEMENT OF WORK 3.1 Contractor hereby agrees to commence work under this contract on or before a -date to be specified in the written "Notic, e to Proceed" of the CITY and to fully complete the project within 90. days following the commencement date as. specified in same. CC-3 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of t~e work specified .and~ required to be performed within the time limit set forth in the contract, after due allowance '{0~ any extension or eXtensions of time made in accordance with provisions hereinbefore set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as a penalty, in the amount stipulated therefore in the special conditions or in other contract documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable, after signature of contract, notify City Engineer in writing of names of subcontractors propoSed for principal parts of work and for such others as City Engineer may direct, and shall not employ any that ~may, within a reasonable time, object to as incompetent or as unfit. 4:0 LIQUIDATED DAMAGES 4~1 The CONTRACTOR further agrees to pay, as liquidated damages, the sum of ~750.00per calendar day for failure to begin within ten (10) days and/or failure to complete the work within 9o calendar days from the date of the "Notice to Proceed" as specified in the Bid Documents. 5.0 PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants that prices include the protection and continuous Use of all existing sewers, conduits; drains, pipes, buildings, walks, bddges, and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also, all filling, backfilling, tan ping, ramming, puddling and consolidating; the removal and disposal of all rubbish an( surplus material; also all pumping, bailing, draining, or unwatering of all excavations, :idental to the execution of the work; also the furnishing of all necessary labor, tools, e( Jipment, materials and supplies, etc. and the performance of the whole work mentiom lin lhe detailed plans and specifications necessary to give a finished result~ and inc ding all expense incurred in or in consequence of the suspension or discontinuanc of ~ said work Specified and a faithful compliance with each and every one of the recirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance~ 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures~ water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed und.er the contract, or which are in any manner affected by the prosecution of the work Or the transportation of men and materials in connection CC-4 therewith. The CONTRACTOR shall give reasonable written notice in advance to the · department of the CITY having charge of any property or utilities owned by the CITY public or private property or utilities when they will be contract., and owner or owners r; utilities. 6.1 'The CONTRACTOR shall indemnify and save harmlesS and defend the CITY, its or cause of of ~nder this Agree 6.2 Contractor shall indemnify and save harmless and defend City, its agents, servants, and employees from and against any and all causes, claims, demands, actions, ~ses, and fees fees) of or in arising from this contract or its and covenant that the Contractol the contract sum payable suff with Flodda: ree constitutes ~raph. It is )le and said 6.3 comply to Irovisions provisiO~ Of each th~ )ne is separate; any offset, the City or 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. CC-5 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the ~,ontract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted .accordingly. All such work shall be executed under' the conditions of the original Contract, Any claim for extension of time caused thereby shall be made. in writing, at the time such (~hange is ordered. 8.2 AIl change orders an~l adjustments shall be in writing and approved by the City Manager or citY Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the Contractor or any of his subcontractors commence with his work without making a claim in writing for unforseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for such extras will be considered or allowed by the CITY. 8.3.3 8.3.4 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. Changes in the work directed 'in writing by the CITY's Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5 Information regarding changes in the work involving claims to the CITY fOr additional work, credits, and/or adjustments under the Contract shall be promplJy transmitted in wdting by the General Contractor tothe CITY's Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. CC-6 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before, a written Change.Order is issued: 8.4.2 percent of the odginal ite 5) ~at bid ~e Or, 8.4.3 By cost reimbursement which is actual cost for I~ ~ment and= oth the and operations, the Contractor shall be ~ es to said unless 8.4.3.1The Contractor shal data to of libility of costs 8.4.3.2 have an accounting system which accounts for generally accepted accounting principles. and Order costs. 8.4.3.3 Where it is indicated that the COntract is federaJly or State assisted, the Contractor's attention and regulations relative to cost principles which must determination and allowability of costs under grant. CC-7 8.4.3.4 In no case shall fringe benefit'costs on direct labor costs exceed forty (40) percent of direct labor costs. 8.4.3.5 In no case shall the Contractor and SubContractors' general overhead and profit in th~ aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him: Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6 In no case shall the Contractor's cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 8.4.3.7 For special.equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical Performance of the authorized work, the Contractor shall receive payment based on the agreed rental pdce for each item of equipment and the actual time of its use on the work provided that the rental Price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the Contractor and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of accepted daily records shall be made, signed by the Contractor and the Engineer and one copy retained by each. 8.5 Claim of payment for extra work shall be submitted by the Contractor upon certified statement supported by receipted bills. Such statements shall be submitted for thE; current Contract payment for the month in which the work was done. No claim for extra work shall be allowed unlessl' the same was ordered, in writing, as aforesaid and. the claim presented at the time of the first estimate after the work is completed. 9.0 PROJECT ENGINEER 9.1 The project Engineer shall be consultant =Gaudet & Associates. CC-8 9.2 The Engineer shall have general supervision and direction of the work. He is the agen~t of CITY only to the extent provided in the contract documents and when in special instances has the authority by CITY to act, and in suCh instances upon request, show CONTRACTOR written authority. He may be ,necessary ;to insure the proper execution of the contract. is, in the:t of the contract TRACTOR, but 10.0 INSURANCE ;TOR shall maintain during the term of this contract commercial Iii mOtor vehicle, property damage insurance, acceptable to the CITY, covering the wor~ contracted and all operations in connection herewith, and whenever any of the work covered in the CONTRACTOR'S contingent or protective liability and property damage mits not less than those set forth on ~the insurance 10. that the of I/ ~ce shall be documented in a certificate of insurance which provides Shall be notified at least thirty (30) days in advance of adverse change. Contractor agrees to furnish policies if Certificate acceptable. 10.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud :on'unctionj with his operations~ at: the work site., Internal combustion equipment shall be equipped with mUfflers, as required by . the Code and the CONTRACTOR shall comply with all other ,,.as they Pertain to prevention of noise. No pile driver, excavating or other co, luipment, pneUmatic hammer, derrick, the use of which is attended by loud or unusual noise, shall be operated between the hours of 6:00 p.m. and 7:00 a.m., except by written pe'rmission~ of the City Manager, and then only in case of emergency. -- 11.0 GUA~ AND WARRANTIES 11.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance or longer as specifications require. CC-9 12.0 TERMINATION OF CONTRACT 12.1 if the work to be performed under the Contract is assigned by the CONTRACTO than provided for herein; if the CONTRACTOR should'be adjudged as bankrupt; if a ger assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property, if'at any time the Engineer shal in writing to the City Manager that the performance of the work under the contract is bei~ unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditio provisions, or covenants of the contract, plans or specifications, or that he is exeCuting t same in bad faith or otherwise not in accordance with the terms of the contract; if the we not fully completed within the time named for its completion orwithin the time to which s completion date may be extended; or if other just causes exist, then the City Manager n other eral certify le rk be Jch ay the Satisfactory performance of the work, the City declare the contract terminated on the effective ( subsequent thereto. In stop work dght forfeit I ~is and of th'e and the Surety the default or the surety shall as 12.1.1 Complete the contract in accordance With its terms and conditions, or 12.1.2 Obtain a bid or bids for completing the Contract in accordance with its terr conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though ther, be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cosl completion less the balance of the contract pdce; but not exceeding, inclu other costs and damages for which the Surety may be liable hereunder, 'tt amount set forth in the first paragraph hereof. The term "balance of the c~ price", as used in this paragraph, shall mean the total amount payable by CONTRACTOR under the Contract and any amendments thereto, less th~ amount property paid by CITY to CONTRACTOR. 13.0 CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall superse¢ and all documents executed between the parties relative to the project. In the event of inconsistencies the terms, provisions and conditions set forth in the subject contract sh~ supersede all other documents and shall be controlling. CC-10 s and should of ting e ~ntract .'; ITY to any any ~11 14.0 TIME OF ESSENCE 14.1 Inasmuch as the all the other contract ~ wot improvement in ~nd of the )ns herein, and of completion of the 'a public time =limits are of the 15.0 ali to CITY 15.3 with the REMEDY FOR DELAY .of the City, it___s of th, me caused by act or omission of~'~Ye iy p by time allocated by an extension of time to be held complete the work shall be ~made in accordance 15.4 For the purpose of this section the phrase "the City, its agents and employees" shall include but shallnot be limited to th® project manager, and consulting engineers. CC-11 in WITNESS WHEREOF, the CITY has caused these presents to be signed by il~s Mayo~ attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR ha,. executed these presents the day and year herein before wdtten. Signed, sealed and witnessed in the presence of'. CITY OF BOYNTON BEACH, FLORIDA Mayor Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence of:. CONTRACTOR President or Vice President Attest as to Contractor CC-12 State of Flodda ) )SS: County of Palm Beach ) Personally appeared before me. duly authorized to administer oaths to me known to be the persons described herein foregoing instrument and have acknowledged' before me and executed same. Notary Public My Commission Expires: NOTICE TO CO CTORS Sealed Bids for the ASBESTOS ABATEMENT FOR uTILITIES AMINISTRATION BID will be received by ~y of Boynton BeaCh , Florida in the PURCHASING DEPARTMENT on or before JANUARY 12, 1995 no later than 2:00 P.M. (local time). if by hand including messenger or delivery service: at the City Hall, 100 E. Boynton Beach Boulevard Boynton Beach, Florida Purchasing Department if by mail: P.O. Box 310, Boynton Beach, Florida 33425-0310 Ail Bids received will be publicly opened and read aloud. Bids received after this time will NOT be considered. The Purchasing time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or the private couriers in regards to mail being delivered by the specified time so that a proposal can be considered. All Bids will be submitted in a sealed envelope plainly marked on the outside of the envelope with the 'Bid title, number, date and time. The City reserves the right to consider Bids that have been determined by the City to be received late due to mishandling by the City after receipt of the Bid and no award been made. A Pre-Bid Conference is scheduled for t~me), to be E.. Woolbri~ highly Bidder's signatiure or their provided at the Pre-Bid meeting. The work to bei performed consists of, limited to: Scope of Work: on ~4 AT 2:00 P.M. (local Lunch Room, 124 33435. Attendance is 1 be indicated by the the attendance sheet but is not necessarily ASBESTOS REMOVAL FROM THE CEILING OF THE UTILITIES ADMINISTRATION BUILDING AT 124 E.: WOOLBIGHT ROAD AND THE DISPOSAL OF THE REMOVED MATERIAL. Bidders may obtain plans, specifications, and Contract documents at the office of the PURCHASING DEPARTMENT ADDRESS ONLY, TELEPHONE NUMBER~- , CITY EAST BOYNTON AREiAVAILABLE Anytechnical Bidder documents may be examined Department and5:00 P be made avai, Builders Market Report, Inc. Bids shall be submitted, in triplicate, on the Proposal Form provided. No Bids may be withdrawn for a period of ~ (90) days after the Bid op~ning. Bids shall be an 5% Bid Certified check, if th, mt Bank in ,000.00, any state or Flo: of Boynton Beach , as a tee th~ if With the will Lin proViS sba ~thori rej, Bid s at · - tO mos' res. right t tec. !orth. In rt COS;' th has PUBL I SH: and out :d. ~TY ~OF~OFTON BEACH CITY M~AGER POST, MONDAY, DEC 5, 1994-- c: City Mgr, City Attorney, City Commission, Purchasing Files AMENDMENT 002 TO THE AGREEMENT WITH THE CITY OF BOYNTON BEACH Amendment 002 entered into this day of , 1995, by and between Palm Beach County and the City of Boynton Beach. W I T N E S S E T H.- WHEREAS, Palm Beach County entered into an agreement with the City of Boynton Beach, on January 18, 1994, approved by Document R94-66D, and amended by amendment 001 (R 94-1126) to provide $77,800 of Community Development Block Grant funds for park improvements in Boynton Beach; and WHEREAS, the parties wish to extend the project completion date and modify the scope of the project; and WHEREAS, both parties mutually agree that the original agreement entered into on January 18, 1994 and amended by amendment 001, is hereby further amended as follows: I. Part III - Section 1: Maximum Compensation, Line 9 & 10: Substitute: "January 18, 1994 through July 31, 1995.", for "January 18, 1994 through March 31, 1995". II. Part III- Section 2: Time of Performance, last line: Substitute : "July 31, 1995" for "March 31, 1995". Exhibit A : Work Program Narrative: Section I A (B): Delete the existing clause. Section 1E Work Schedule : Delete the existing and replace with the following: "The time frame for completion of the outlined activities shall be July 31, 1995. Activities Complete Plans and specifications December Advertise and Accept Bids Award/Contract Start Construction Project completion Completion Date 31, 1994 January 31, 1995 February 15, 1995 March 15, 1995 July 31, 1995' Section II A Line 2: Delete 'parking' NOW THEREFORE, all items in the previous agreement .in conflict with the amendment shall be and are hereby changed to conform to this amendment. Ail provisions not in conflict with this aforementioned amendment are still in effect and shall be performed at the same .level as specified in the Agreement. CITY OF BOYNTON BEACH By: Edward Harmening, Mayor By: Carrie Parker, City Manager (City Seal) By: Attorney for Municipality ( Signature Optional) Approved as to Form and Legal Sufficiency PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Tammy K. Fields Assistant County Attorney By: Ken L. Foster, Chair Board of County Commissioners (COUNTY SEAL) ATTEST: BY:Dorothy E. Wilken Clerk of the Circuit Court AGRBB.94/CI -2-