File #: 23-260 CRA    Version: 1 Name:
Type: CRA Board Action Status: Agenda Ready
File created: 1/16/2024 In control: Community Redevelopment Agency
On agenda: 1/23/2024 Final action:
Title: THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY AND AHRENS COMPANIES - 95 SW 5TH AVENUE
Attachments: 1. Agenda Cover Report, 2. Exhibit A - Third Amendment to Aherns Agreement, 3. Exhibit B - Location Map, 4. Exhibit C - Agreement and Amendments, 5. Exhibit D - Change Orders
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TO: CRA Board of Commissioners
FROM: Ivan J. Cabrera, AICP
THROUGH: Renée A. Jadusingh, Executive Director
DATE: January 23, 2024

Title
THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY AND AHRENS COMPANIES - 95 SW 5TH AVENUE

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Recommended Action:
Recommendation
Approve the Third Amendment to the Agreement between the Delray Beach Community Redevelopment Agency (CRA) and Ahrens Enterprises DBA Ahrens Companies (Ahrens) for the construction of a commercial building located at 95 SW 5th Avenue in an amount not to exceed $102,300.34 and authorize the CRA Board Chair to execute all related documents for said purpose.

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Background:
At the January 24, 2023, CRA Regular Board Meeting, the Board awarded the Invitation to Bid CRA 2022-01-R - 95 SW 5th Avenue Commercial Building Construction Project (“ITB”) to Ahrens, the lowest responsive and responsible bidder, in the amount of $2,739,968.00. Subsequently, the CRA entered into an Agreement with Ahrens, dated February 28, 2023.

On April 25, 2023, the CRA Board approved the First Amendment to the Agreement. The First Amendment included the following provisions: Payment Procedures, Liquidated Damages, No Damages for Delay, Public Records, and Independent Contractor.

On September 28, 2023, the CRA Board approved the Second Amendment to the Agreement. The Second Amendment increased the Agreement amount by $1,500 which accounted for increases in costs for materials and labor to perform necessary structural adjustments to the foundation of the commercial building.

Subsequent to that time, Ahrens has submitted the following change order requests (change orders are included in Exhibit D):

Change Order Amount Description |109|$85,987.65 Material and labor to supply Garland Modified Roofing Systems |109|$2,411.49 Materials and labor to perform column adjustments as directed by Architect |109|$7,390.68 Materials and labor for Concrete & Masonry, Elec...

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