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RESOLUTION 16-2898 <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />CASSELBERRY, FLORIDA, APPROVING THE USE OF CONTINGENCY <br />FUNDS AND AUTHORIZING THE EXECUTION OF CONTINGENCY <br />CHANGE ORDER NO. 003 FOR MISCELLANEOUS CONSTRUCTION <br />ISSUES RELATED TO THE LAKE CONCORD PARK AND TRIPLET <br />LAKE DRIVE SIGNATURE STREET PROJECTS; PROVIDING FOR <br />CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. <br />WHEREAS, on March 9, 2015, the City Commission approved the Form of Agreement <br />between the Owner and Construction Manager (Construction Manager at Risk Services Agreement) <br />with Wharton -Smith, Inc. for the Lake Concord Park Project; and <br />WHEREAS, Wharton -Smith submitted a Guaranteed Maximum Price (GMP) proposal to <br />construct the required Lake Concord Park and Triplet Lake Drive Signature Street project <br />improvements in the amount of $10,416,587; and <br />WHEREAS, the City Commission accepted the proposal and approved a GMP contract <br />with Wharton -Smith on September 28, 2015 via Resolution 15-2788; and <br />WHEREAS, the GMP contained established Contingency Funds of 5% for each of the <br />separate component projects within the over-all project for a total amount of $413,768.00; and <br />WHEREAS, the City Commission approved Contingency Change Order No. 001 via <br />Resolution 16-2864 on May 23, 2016, which provided for the use of contingency funds for <br />miscellaneous construction issues, decreasing the total amount available to $407,999.20; and <br />WHEREAS, the City Commission approved Contingency Change Order No. 002 via <br />Resolution 16-2886 on July 25, 2016, which provided for the use of contingency funds for <br />miscellaneous construction issues, reducing the total amount available to $320,152.40; and <br />WHEREAS, there are three (3) miscellaneous construction issues related to the Lake <br />Concord Park and Triplet Lake Drive Signature Street Project, which contingency fund requests <br />have been submitted by Wharton -Smith and are listed in Contingency Change Order No. 003: (1) <br />relocation/installation of a new communication fiber optic line from City Hall to the Public Works <br />Administration Building - $1,970.37; (2) installation of conduit for park sidewalk/street lighting - <br />$10,484.47; and (3) redesign/relocation/construction costs for two entry wall features from U.S. 17- <br />92 to Triplet Lake Drive - $26,156.42; and <br />WHEREAS, the three (3) specific contingency funds requests from the established GMP <br />total $38,611.26 which, upon approval, would leave a remaining balance for over-all project <br />contingency funds of $281,541.14; and <br />