RESOLUTION NO.

WHEREAS, on September 15, 2009 a contract was awarded to D.N.P., Inc. for Project No. K2885, Small Craft Harbor; and

WHEREAS, it is the recommendation of Richard Sullivan, Director of Public Works, and Damon Torricelli, City Engineer, to approve Change Order No. 4 and Final, which allows for necessary changes and increases the contract amount by $12,280.92for a revised contract total of $273,737.04; and

WHEREAS, it is the recommendation of Richard Sullivan, Director of Public Works, and Damon Torricelli, City Engineer, to accept and process the final payment on said contract in the amount of $79,483.89; and

WHEREAS, it is the recommendation of Richard Sullivan, Director of Public Works, and Damon Torricelli, City Engineer, to advertise the contract with D.N.P., Inc. for Project Nos. K2885, Small Craft Harbor, as complete upon receiving authorization from the Biloxi City Council.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BILOXI, MISSISSIPPI, THAT:

SECTION ONE: The findings, conclusions, and statements of fact contained in the foregoing preamble are hereby adopted, ratified, and incorporated herein.

SECTION TWO: The Mayor and/or Municipal Clerk be and are hereby authorized to accept and execute Change Order No. 4 and Final, attached hereto as Exhibit “A”, which allows for necessary changes and increases the contract amount by $12,280.92 for a revised contract total of $273,737.04 on the contract with D.N.P., Inc. for Project Nos. K2885, Small Craft Harbor.

SECTION THREE: The Mayor and/or Municipal Clerk be and are hereby authorized to approve Final Payment, attached hereto as Exhibit “B”, in the amount of $79,483.89 on the contract with D.N.P., Inc. for Project Nos. K2885, Small Craft Harbor.

SECTION FOUR: The Mayor and/or Municipal Clerk be and are hereby authorized to advertise the contract with D.N.P., Inc. for Project Nos. K2885, Small Craft Harbor, as complete upon receiving authorization from the Biloxi City Council.