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Res 83-79 RESOLUTION NO. 83-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE AND EXECUTION OF AN AMENDMENT TO THE AGREEMENT BETWEEN INTERCOUNTY CON- STRUCTION CORPORATION OF FLORIDA AND THE CITY OF DELRAY BEACH FOR THE CONSTRUCTION OF WATER WORKS IMPROVEMENTS, PARTS A AND B (PROJECT NO. 637-591-22). WHEREAS, the City Council of the City of Delray Beach adopted Resolution No. 62-79, dated August 13, 1979, conditionally awarding a contract for the construction of Water Works Improvements, Parts A and B, to Intercounty Construction Corporation of Florida; and, WHEREAS~ said contract is to be finally accepted and executed, if at all, and work is to begin, not later than November 1, 1979; and, WHEREAS, a majority of the funding for said contract is to come from the Water and Sewer Revenue Bond Issue, Series 1979, which funding will not be received by the City until after November 1, ~1979; and, WHEREAS, the construction for said project must commence as soon as possible; and, WHEREAS, Intercounty Construction Corporation of Florida and the City of Delray Beach agree that until such time as the funding from the sale of said Water & Sewer Revenue Bonds, Series 1979, is received by the City, that the liability of the City to the Contractor for all work and materials under said contract shall be limited to $2,000,000.00, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Council of the City of Delray Beach, Florida, hereby accepts an amendment to the contract between the City and Intercounty Construction Corporation of Florida for the construction of Water Works Improvements, Parts A and B, Project No. 637-591-22, said amendment limiting the City's liability to contractor for all work and materials under said contract to $2,000,000.00, a copy of said amendment being attached hereto and made a part hereof, with the City's final acceptance of Intercounty's bid and the execution of said contract occuring, if at all, not later than November 1, 1979. Section 2. That the proper City officials are hereby author- ized to execute said contract and the amendment to the contract in accordance with Resolution No. 62-79, all of which shall take place, if at all, not later than November 1, 1979. PASSED AND ADOPTED in regular session on this the 22nd day of October, 1979. · ~ M A'y O R~ ATTEST: City Clerk A~ND~ENT TO CONSTRUCTION CONTkACT DATED THE i~T DAY OF NOVE~BER, 1979, BY AND BETWEEN CITY OF ~DELRAY BEACh, FLORIDA, AND INTERCOUNTY CON- STRUCTION CORPOR~TION OF FLORIDA FOR THE CON- STRUCTION OF WATER WORKS IMPROVEMENTS, PROJECT NO. 637-591-22~ This AMENDMENT, made on the 1st day of November, 1979, by and between THE CITY OF DELRA¥ BEACH, a Florida municipal corporation, hereinafter referred to as the CITY, and INTERCOUNTY CONSTRUCTION CORPORATION OF FLORIDA, hereinafter referred to as the COntRACTOR. WHEREAS,' On August 13, 1979,'the City by Resolution No. 62-79 conditionally awarded a contract in the amount of $4,417,000.00 t© Contractor for the construction of Water Works Improvements, Project No. 637-591-22, which contract shall be executed in conjunCtion with this Amendment, if at all, by both parties not later than November 1, 1979; and, WHEREAS, a major portion of the funding for this contract is to come from the proceeds of a sale by the City of its Water and Sewer Revenue Bonds, [~eries 1979; and, WHEREAS, the funds from the sale of said bonds will not be received by the City prior to November 1, 1979; and, WHEREAS, both parties desire to have the construction of this project begin as soon as possible. THEREFORE, in consideration of the City agreeing to not rebid this project at this time and the Contractor agreeing to begin con- struction as soon as permissible under the provisions of the contract documents and to agree to a limit of liability as to the City, the City and the Contractor hereby agree to amend Article II of the Con- struction Contract for Project No. 637-591-22 to add the following: That the liability of the City of Delray Beach, Florida, to Intercounty Construction Corporation of Florida for its performance under this construction contract shall be limited to not more than two million dollars ($2,000,000.00) unless and until such time as the City receives the proceeds from the sale of its Water and Sewer Revenue Bonds, Series 1979, validated by the Circuit Court for the 15th Judicial Circuit of Florida, in and for Palm Beach County, Florida. In the event sufficient bond proceeds are not received to satisfy the remainder of the contract price (i.e., the additional $2,417,000.00), then the City's obligations and liabilities under the construction contract shall be limited to the $2,000,000.00 limit of liability. IN WITNESS WHEREOF, the parties hereto have executed this Amendment, the day and year first above written. CITY OF DELRA¥ BEACH~ FLORIDA ATTEST: By: City Clerk Mayor City of Delray Beach, Florida WITNESSES AS TO CONTRACTOR INTERCOUNT¥ CONSTRUCTION CORP. OF FLORIDA By: Title