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HomeMy WebLinkAboutR2024-36 Amendment to Contract for Pond Stabilization Work at Country ClubRESOLUTION 2024-36 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CONTRACT WITH MARSH MANAGEMENT SYSTEMS, LLC FOR POND STABILIZATION WORK AT THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE TO EXPAND THE SCOPE OF WORK AND ADJUST THE COMPENSATION; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT; WAIVING THE VILLAGE'S PURCHASING POLICES AND PROCEDURES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2024-18 on March 14, 2024, the Village Council approved a Contract with Mash Management Systems, LLC for pond stabilization work (adjacent to the 8th fairway and between holes 13 and 14) at the North Palm Beach Country Club Golf Course; and WHEREAS, the parties wish the amend the scope of work to include additional bunker stabilization on the left side of Hole No. 2 and right green side of Hole No. 18 and canal bank stabilization behind Hole No. 13 and to increase the amount of compensation; and WHEREAS, the Village Council deteiinines that adoption of this Resolution is in the best interests of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves an Amendment to the Contract with Marsh Management Systems, LLC for pond stabilization work at the North Palm Beach Country Club, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Amendment on behalf of the Village. The total cost of the Contract is increased by $27,062.50 to $209,762.50, with funds expended from Account No. L8045-66210 (Golf Course Maintenance — Construction and Major Renovation). Including contingency, the total project budget shall be $219,762.50. Section 3. In approving this Contract, the Village Council hereby by waives all conflicting provisions of the Village's purchasing policies and procedures. Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 5. This Resolution shall take effect immediately upon adoption. Page 1 of 2 PASSED AND ADOPTED THIS 25TH DAY OF APRIL, 2024. ATTEST: VILLAGE CLERK MAYOR Page 2 of 2 DocuSign Envelope ID: 069347E4-B548-4752-B4AB-EC805E9D7C8B AMENDMENT TO CONTRACT THIS AMENDMENT is made as of the 25th day of April, 2024 by and between the VILLAGE OF NORTH PALM BEACH, municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and MARSH MANAGEMENT SYSTEMS, LLC, a Florida limited liability company, hereinafter referred to as CONTRACTOR. WHEREAS, the VILLAGE and CONTRACTOR are parties to a Contract dated March 14, 2024 ("Contract") for pond stabilization work at the North Palm Beach Country Club Golf Course; and WHEREAS, the parties wish to expand the Scope of Services to include additional bunker stabilization work on the left side of Hole No. 2 and the right green side of the Hole No. 18 fairway and canal bank stabilization work behind Hole No. 13 and adjust the compensation accordingly. NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained in the Agreement, as amended, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The foregoing recitals are ratified and incorporated herein. 2. Article 1 of the Contract, "Services of Contractor," is hereby amended to include the additional services set forth in CONTRACTOR's "Add -On: Custom Erosion Restoration Proposal" dated March 19, 2024, attached hereto as Exhibit "A" and incorporated herein, within the scope of the Work. In the event of a conflict between the terms of the Proposal and the Contract, the terms of this Contract shall control. 3. Article 3 of the Contract, "Compensation and Method of Payment," is hereby amended to increase the total amount of compensation in Article 3.A to Two Hundred and Nine Thousand Seven Hundred and Sixty -Two Dollars and Fifty Cents ($209,762.50). All references in Article 3 to the Project Quote shall include the additional work set forth in the Proposal referenced above. 4. All other provisions of the Contract, to the extent not specifically modified herein, shall remain in full force and effect. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Amendment as of the day and year first above written. CONTRACTOR: MARSH MANAGEMENT SYSTEMS, LLC �Docul� BY: Print Name: Dustin Anderson Title: Managing Partner Page 1 of 2 DocuSign Envelope ID: 069347E4-B548-4752-B4AB-EC805E9D7C8B VILLAGE FDbc1Q=11 PALM BEACH BY: sea INCZ. aa.. SUSAN BICKEL MAYOR ATTEST: BY: DocuSigned by: DeAt."9- ,)- � JESSICA Gl(�t�` 4t�t54 4ZU VILLAGE CLERK1V�V APPROVED AS TO FORM AND LEGAL SUFFIcoUcX; BY: L(,tbiA.ard. G IitA, —J✓JJc c f,4.\... VILLAGE ATTORNEY Page 2 of 2