Okaloosa County BOCC — February 7, 2017 — Second Amendment C16-2396-PW

SECOND AMENDMENT TO CONTRACT C16-2396-PW GAP Creek Stormwater Improvement Project Between Carter’s Contracting Services, Inc., and BOARD OF COUNTY COMMISSIONERS, OKALOOSA COUNTY, FL. This Second Amendment of Contract C16-2396-PW, dated April 25, 2016, is made and entered into this __ day of , 2017, by and between the Board of County Commissioners, Okaloosa County, Florida, (hereinafter the “County™) and Carter’s Contracting Services, Inc., (hereinafter the “Contractor™). WHEREAS, on April 25, 2016, the County and Contractor entered into a contract, C16- 2396-PW, to make improvements to the Popular Ave. Stormwater Pond (part of the Gap Creek Drainage Basin); and WHEREAS, on July 21, 2016, the County and Contractor agreed to Change Order No. 1 to contract C16-2396-PW, to increase the contract price from $220,554.03 to $237,815.09; and WHEREAS, a portion of the improvements were constructed on private property lying within Lot 2, Block 1, John Bishop Subdivision, as recorded in Plat Book 2, Page 60 of the Public Records of Okaloosa County, Florida; and WHEREAS, the owner of the private property is willing to sell an additional drainage easement as shown in the attachment for $30,000.00 which will allow all improvements to be within a drainage easement; and WHEREAS, the County and Contractor agree the improvements were inadvertently constructed on private property due to the compressed construction schedule, and agree the improvements as constructed are superior to reconstruction within the existing easement; and WHEREAS, the County and Contractor agree to equally share responsibility for the cost of the additional drainage easement. NOW THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the parties hereby agree to amend C16-2396-PW as follows: 1: C16-2396-PW is hereby amended from a not to exceed total price of $237,815.09 to a total price of $222,815.09; a deduction of $15,000.00 this reduction in the contract price represents the Contractor’s contribution toward the acquisition of the easement; and 2. All other provisions of the Contract shall remain in full force and effect through the duration. IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the day and year first written. Carter’s Contracting Services, Inc. Signaturey M’H@ (H;/ Date: / / 5 O/ 7 Witness for contractor signature: Signature: m\) @}Y\ Print: \\,{J\QJ‘ %-__\*L)\\_wfl BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Carolyn N. Ketchel, Chairman Date: ATTEST: J.D. Peacock II, Clerk APPROVED AS TO FORM: Gregory T. Stewart, County Attorney