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.
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11 CITY ,oF BOYNTON BEACH, FLORIDA
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27 ATTEST:
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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.
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NOTARY PUBLIC
My Commission Expires: ~,jr/l bOla... ~(H.Jlt?Iln~ (!he((~ -8ullt'frY'O. r7
NOTARY PUBUC-STATE OF FLORIDA
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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.
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NO Y PUBLIC
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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
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S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\20IO\Tim Howard RIO-I 12.doc
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