2015-77 Athletic Fields Resurfacing Contract AmendmentRESOLUTION 2015 -77
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO
THE CONTRACT WITH ODUMS SOD, INC. FOR THE RESURFACING OF
THE ATHLETIC FIELDS AT OSBORNE PARK AND THE COMMUNITY
CENTER AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE THE AMENDMENT ON BEHALF OF THE VILLAGE;
AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
AMEND THE CAPITAL PROJECTS FUND BUDGET FOR FISCAL YEAR 2016
TO TRANSFER $10,200.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE
PARKS AND RECREATION — CONSTRUCTION AND MAJOR RENOVATION
CAPITAL ACCOUNT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 24, 2015, the Village Council approved a contract with Odums Sod, Inc.
for the removal and replacement of the existing turf on the athletic fields at Osborne Park and the
Community Center; and
WHEREAS, during the course of the project, Village Administration determined that a greater
cultivation depth would be required, producing an additional 500 to 600 cubic yards of spoil
material that did not qualify as vegetative waste and could not, as originally anticipated, be
disposed of utilizing Village equipment; and
WHEREAS, after seeking quotes and evaluating all available options, Village Administration
recommended the least costly option of amending the scope of the existing contract with
Odums Sod, Inc. to include the removal and disposal of debris generated by the resurfacing work; and
WHEREAS, the Village Council seeks to amend the Fiscal Year 2016 capital projects fund
budget to transfer $10,200.00 from the Capital Reserve Account to the Parks and Recreation —
Construction and Major Renovation Capital Account to fund the project; and
WHEREAS, notwithstanding any purchasing procedures and requirements to the contrary, the
Village Council determines that the adoption of this Resolution amending the Contract with
Odums Sod, Inc. is in the best interests of the residents and citizens of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
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 the Amendment to the Contract with
Odums Sod, Inc. for the resurfacing of the athletic fields at Osborne Park and the Community Center
to include the removal and disposal of debris generated by the project and authorizes the Mayor
and Village Clerk to execute the Amendment, a copy of which is attached hereto and incorporated
herein, on behalf of the Village. The cost of this Amendment shall not exceed $10,200.00, with funds
expended from Account No. K8028 -66210 (Parks and Recreation— Construction and Major Renovation).
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Section 3. In order to fund this expenditure, the Village Council hereby approves a budget
amendment for the transfer of funds as indicated below:
Budget Amendment:
Account
Description
Use
Source
Capital Projects Fund:
K8028 -66210
Parks & Recreation —
Construction & Major Renovation
$10,200.00
K5541 -66000
Reserve Expenses — Capital
$10,200.00
Total Capital Projects Fund:
$10,200.00
$10,200.00
Section 4. The Mayor and Village Clerk are hereby authorized and directed to execute the
budget amendment for and on behalf of the Village of North Palm Beach.
Section 5. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 22ND DAY OF OCTOBER, 2015.
(Village Seal)
ATTEST:
Z/ i
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AMENDMENT TO CONTRACT
This Amendment is made as of this .2 &� day of �' , 2015, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida,
33408, a Florida municipal corporation (hereinafter "VILLAGE'), and ODUMS SOD, INC.,
13961 Okeechobee Boulevard, Loxahatchee, Florida, 33470, a Florida corporation (hereinafter
"CONTRACTOR "), whose Federal I.D. is 65- 0810895.
RECITALS
WHEREAS, the VILLAGE and CONTRACTOR entered into a Contract dated September 24,
2015 ( "Contract ") for the resurfacing of the athletic fields at Osborne Park and the Community
Center; and
WHEREAS, due to unforeseen circumstances, the parties wish to. amend the Contract to include
the removal and disposal of debris generated by the resurfacing work.
NOW THEREFORE, in consideration of the mutual promises set forth herein in the Contract
and this Amendment, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are
fully incorporated herein by reference.
2. Amendment of Scope of Work. The Contract is hereby amended to include debris
removal and disposal associated with the resurfacing of the athletic fields at a total cost not to
exceed $10,200.00, as set forth in the proposal submitted by CONTRACTOR attached hereto as
Exhibit "A" and incorporated by references as if fully set forth herein. The "total amount of
compensation for the project, as amended, shall not exceed $128,660.00. `
3. Conflicts. All other provisions of the Contract, to the extent not expressly modified
herein, shall remain in full force and effect. In the event of an express conflict between this
Amendment and the Contract, the terms of this Amendment shall control.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Amendment as of the day and year first above written.
ODUMS SOD, INC.
I:
Name: TV
Position:
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VILLAGE OF NORTH PALM BEACH
By:
ROBER GE A
MAYOR
ATTEST:
BY:
MELISSA TEAL
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:�r —�
VILLAGE ATTORNEY
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