TO: CRA Board of Commissioners
FROM: Kim N. Phan, Legal Advisor
THROUGH: Renée A. Jadusingh, Executive Director
DATE: April 25, 2023
Title
FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY AND AHRENS COMPANIES - 95 SW 5TH AVENUE
Body
Recommended Action:
Recommendation
Approve the First Amendment to the Agreement between the Delray Beach Community Redevelopment Agency and Ahrens Companies for the construction of 95 SW 5th Avenue, in substantially the attached form.
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Background:
At the January 24, 2023 CRA Regular Board Meeting, the Board awarded the bid for Invitation to Bid CRA 2022-01-R - 95 SW 5th Avenue Commercial Building Construction Project (“ITB”) to Ahrens Enterprises DBA Ahrens Companies, the lowest responsive and responsible bidder, in the amount of $2,739,968.00. Subsequently, the CRA entered into an Agreement, dated February 28, 2023, with Ahrens Enterprises, Inc. dba Ahrens Companies “Original Agreement”.
An amendment to the Original Agreement is required to add a liquidated damages provision and to clarify various provisions from the ITB that was incorporated into the Original Agreement. More specifically, the following provisions are included in the First Amendment:
• Article 6. Payment Procedures
• Article 7. Liquidated Damages
• Article 8. No Damages for Delay
• Article 9. Public Records
• Article 10. Independent Contractor
At this time, the First Amendment to the Agreement between the Delray Beach Community Redevelopment Agency and Ahrens Companies, in substantially the attached form, is before the Board for approval.
Attachments: Exhibit A - First Amendment to the Agreement between the Delray Beach Community Redevelopment Agency and Ahrens Companies
CRA Attorney Review:
The CRA Attorney has prepared the attached First Amendment to the Agreement between the Delray Beach Community Redevelopment Agency and Ahrens Companies and finds it legally sufficient and acceptable as to form.
Funding Source/Financial Impact:
N/A
Overall need within the Community Redevelopment Area from Delray Beach CRA Redevelopment Plan:
Removal of Slum And Blight
Land Use
Economic Development
Affordable Housing
Downtown Housing
Infrastructure
Recreation and Cultural Facilities