08-1949 Change Order No. 1 to Gee Creek Erosion Control Project

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RESOLUTION 08 - 1949 "A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO THE CONTRACT BETWEEN EROSION STOPPERS, INC. AND THE CITY OF CASSELBERRY FOR THE CONSTRUCTION OF THE GEE CREEK EROSION CONTROL PROJECT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." WHEREAS, under the provisions of Section 216 of Public Law 81-516, the USDA authorized the Natural Resources Conservation Service (NRCS) to assist State and local governments with relieving hazards created by natural disasters that cause sudden impairment of a watershed; and WHEREAS, a segment of Gee Creek, immediately behind the homes on the south end of Osceola Trail, has experienced pervasive erosion and said erosion has threatened homes and appurtenant structures (pools, concrete decks, sheds, etc.); and WHEREAS, Erosion Stoppers, Inc. provided the lowest, qualified bid in the amount of $265,528.51 to construct the project and was previously awarded the contract to for the project; and WHEREAS, Tropical Storm Fay resulted in damaging flows within Gee Creek, which inflicted unanticipated and significant damage to the project area; and WHEREAS, as a result of said damage, Erosion Stoppers, Inc. has issued a Change Order request in the amount of$42,583.76 to repair damaged portions ofthe project area; and WHEREAS, funding is available for the Change Order within the Stormwater Utility Fund Account designated for this project; and WHEREAS, the City staff has reviewed the bid proposal from Erosion Stoppers, Inc. and found it to be reasonable and to meet the project requirements of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION I. The City Commission of the City of Casselberry hereby approves the Change Order Number I to the contract with Erosion Stoppers, Inc., attached as "Attachment A", and authorizes the Mayor to execute said document on behalf of the City. SECTION II. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION m. Severabilitv. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Resolution. SECTION IV. Effective Date. This Resolution shall become effective immediately upon its passage and adoption. / -:>>1) ," i i PASSED and ADOPTED this ") day of Ue.to fk'r . , AD 2008.