24-3400 Authorizing Contingency Funding up to 5% for Construction of Wheel Park Phase I

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RESOLUTION 24-3400 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE USAGE OF CONTINGENCY FUNDING UP TO 5% OF THE GUARANTEED MAXIMUM PRICE AGREEMENT WITH WHARTON- SMITH, INC. FOR CONSTRUCTION OF "WHEEL PARK" — PHASE 1 PROJECT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, on December 11, 2023, the City Commission approved Amendment No. l to Supplemental Agreement No. 3 with Wharton -Smith, Inc., for a Guaranteed Maximum Price (GMP) in the amount of $4,605,204, to construct the "Wheel Park' — Phase 1 Project; and WHEREAS, the GMP included a 5% contingency to cover any unforeseen changes; and WHEREAS, in the essence of time, the authorization to use contingency funding may be necessary to prevent further project delays; and WHEREAS, it is hereby requested that the City Commission authorize the City Manager to approve usage of contingency funding up to 5%, or $211,282, of the Guaranteed Maximum Price agreement with Wharton -Smith for construction of the "Wheel Park" — Phase 1 Project. 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 authorizes the City Manager to approve the usage of contingency funding up to 5%, or $211,282, of the Guaranteed Maximum Price agreement with Wharton -Smith, Inc. to construct "Wheel Park" — Phasel Project 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 All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed.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 III. Severability. 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. PASSED and ADOPTED this day of _ , AD 2024.