24-3472 Change Order #23 for Additional Funding for Wharton-Smith - Wirz Park Improvements

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RESOLUTION 24-3472 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE CHANGE ORDER #23 TO ADD ADDITIONAL CONTINGENCY FUNDING UP TO $180,000 AND AUTHORIZE ITS USE WITH WHARTON-SMITH, INC. FOR CONSTRUCTION OF THE WIRZ PARK IMPROVEMENTS PROJECT, PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, on December 11, 2023, the City Commission approved Amendment No.l to Supplemental Agreement No. 5 with Wharton -Smith, Inc., for a Guaranteed Maximum Price (GMP) in the amount of $7,861,772, to construct the Wirz Park Improvements Project; and WHEREAS, the GMP included an initial 5% contingency ($360,025) to cover any unforeseen changes; and WHEREAS, it is hereby requested to approve Change Order #23 with Wharton -Smith, Inc. to add $180,000 in additional contingency for unforeseen field changes 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 the additional contingency funding up to $180,000 with Wharton -Smith for construction of the Wirz Park Improvements 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 Change Order #23 to add additional contingency funding of $180,000 and authorize its use, with Wharton -Smith, Inc. to construct the Wirz Park Improvements 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 All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed.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.