2007-081 Prosperity Farms Road Beautification Project Change Order• RESOLUTION 2007-81
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING PALM BEACH COUNTY'S
REQUEST FOR A CHANGE ORDER TO THE CONTRACT WITH DELRAY
GARDEN CENTER, INC. TO PROVIDE ADDITIONAL LANDSCAPING
IMPROVEMENTS FOR THE PROSPERITY FARMS ROAD
BEAUTIFICATION PROJECT; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in February 2004, the Village entered into a Financial Assistance Agreement with
Palm Beach County ("County"), whereby the County agreed to reimburse the Village for
landscaping and other improvements along Prosperity Farms Road from Northlake Boulevard to
Bums Road ("Project"); and
WHEREAS, as a result of the competitive bidding process, the Village contracted with Florida
Blacktop, Inc. to complete the Project, but was forced to terminate the contract due to Florida
Blacktop's failure to perform in accordance with the terms ofthe contract and
WHEREAS, the Village solicited proposals for the completion of the Project, and, at the
County's request, the Village accepted the proposal of, and contracted with, Delray Garden
Center, Inc. ("Delray Gazden") to perform the work necessary to complete the Project; and
• WHEREAS, the County, through Commissioner Karen Marcus, has requested that the Village
execute a change order to the contract with Delray Garden to provide additional landscaping
improvements without further competitive bidding so as to enhance and expedite the completion
ofthe Project; and
WHEREAS, the Florida Statutes generally exempt contrails for completion of public projects
where a contractor has been terminated from competitive bidding, and the County, through
Commissioner Mazcus, has requested that the Village waive any of its own internal purchasing
requirements that might otherwise require such bidding; and
WHEREAS, the Village and the County recently executed a Second AmendmenC to the Financial
Assistance Agreement in a total amount not to exceed $1,305,000.00, thereby providing
sufficient funds to reimburse the Village for the total cost of the Project, including the additional
landscaping set forth in the change order requested by the County; and
WHEREAS, the Village's purchasing procedures require that all change orders to existing
contracts in excess of$10,000.00 be approved by the Village Council; and
WHEREAS, the Village Council determines that it is in the best interests of the public health
safety and welfaze to grant the County's request to execute the change order with Delray Gazden
• Center and to waive any conflicting Village purchasing procedures.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals aze ratified as true and incorporated herein by reference.
• Section 2. At the request of Palm Beach County, the Village Council of the Village of North
Pahn Beach, Florida, hereby approves the execution of a change order to the contract with
Delray Gazden Center, Inc. to provide for the installation of additional landscaping
improvements for the Prosperity Farms Road Beautification Project. A copy of the change order
is attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. All resolutions, or parts of resolutions, in conflict herewith are hereby repealed to
the extent of such conflict.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 9th DAY OF AUGUST, 2007.
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(Village Seal) Q~L/D/~ ~/!
MA OR
• ATTEST:
VILLAGE CLERK'
C J
EXHIBIT "A"
CHANGE
• ORDER
AIA DOCUMENT G707
ARCNITlCT °
CONTRACTOR °
PIlLO °
oTxeR °
PROJECT: Prosperity Farms Road Beautification
(name, address)
TO (Contractor) Delray Garden Ceuter
CHANGE ORDER NUMBER:
ARCHITECT'S PROJECT NO:
CONTRACT FOR:
~ J
/l
u
CONTRACT DATE:
You are d/rected to make the to//ow/ng changes fo th/a Contract:
Install additional landscape material as listed below:
QUANTITY ITEM
6 Ligustrum Tree
54 Sabal Pelm
3 Live Oek
82$ Dwert eougaiavllls
336 Gold Mound Duranta
714 Dwarf Firebush
372 Cocoplum
673 AfriceR Irisis
81 Greeo Island
17 Crepe Myrtle
20 Adonidie Palm
I70 Purple Queen
1 Traffic Control
1 Mulch B
1 Drawing
DESCRIPTION
Ligustrum Tree ]0' : 10'
Curved Sabal Pelm 12' -18' CT
Quartos VlrgiRla 16' - 18'
Dwart Bougelnville Shrub
Gold Mound Duronte 3G
Hamelia Peteos 3C
Red Tip Cocoplum 3G
Dletes vegeta lC
Greto Island Ficus 3G
Crepe Myrtle 14'
Adonidla Merdlli -Double 8' -9' CI'
Purple Queeu IG
Traffic Coutrol Staff
Bulk of Mulch
Architect Fee -Majestic View
RATE
$700.00
$400.00
51,100.00
$12.00
$12.00
$12.00
$12.00
$6.Oo
$12.00
$700.00
5700.00
56.00
$1,000.00
$1,206.00
$5,000.00
002
August 9, 3007
TOTAL
$4,200.00
521,600.00
53,300.00
59,900.00
$4,032.00
$8,568.00
$4,464.00
54,038.00
$972.00
$11,900.00
$16,800.00
$1,020.00
$1,000.00
$1,206.00
ss,ooo.oo
Total $98,000.00
The original Contract Sum was ...........................................................................$ $73,754.00
Net change by previous Change Orders .................................................................5 $0.00
The Contract Sum prior to the Change Order was ...................................................$ $73,754.00
The Contract Sum will be increased (decreased)(unchanged)by this Change Order..........$ $93,920.00
The new Contract Sum including the Change Order will be ........................................$ $167,674.00
The Contract Time will be (increased)(decreased)(unchanged) by ( 0) Days
The Date of Completion as of the date o(this Change Order therefore is• ~ ® 9/30/2007
~~ OT"iGGtGlt Q~j/~0_~
NAME DATE
• NAME DATE
AIA DOCUMLNT 6101 CWNGL ORDRR • APRIL I9A ADDD30N • AIA
AMLRICAN INLTITUT[OP ARCmTRCI5,ID3 NRN'YDRR AVC. WASBINCTON, D.C. 10x36