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HomeMy WebLinkAboutAgreement_General_11/08/2018_Shenandoah General Construction VILLAGE OF TEQUESTA CONTRACT FOR STORMWATER PIPING REPAIR SERVICES THIS CONTRACT FOR STORMWATER PIPING REPAIR SERVICES is tV ovember b6. entered into and effective this Q day of 9eteber 2018, by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469-0273, organized and existing in accordance with the laws of the State of Florida, hereinafter "the Village"; and SHENANDOAH GENERAL CONSTRUCTION COMPANY, a Florida corporation with offices located at 1888 NW 22°d Street,Pompano Beach, Florida 33069,hereinafter"the Contractor" and collectively with the Village,"the Parties". WITNESSETH The Village and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: 1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Contract whereby the Contractor shall provide stormwater piping repair services in the following areas: PHTW along Chestnut to Cedar Hill, PHTE, Poplar to PHTE (between homes), and Franklin to the Canal (between homes). The Parties agree to enter into this Agreement and piggyback for the stormwater piping repair services at the prices described in the Contractors March 24,2015 Public Works Annual Drainage Infrastructure Inspection, Cleaning and Repair Contract with the Village of Wellington awarded through Bid No. #003-15/DZ, which was extended by the Village of Wellington through March 24, 2019. Said contract, including the contract extension, is hereby fully incorporated into this Agreement and is attached hereto as Exhibit "A". Authorization to piggyback on the contract and extension is hereby fully incorporated into this Agreement and is attached hereto as Exhibit`B". 2. COMPENSATION: Pursuant to Exhibits A and B, and in consideration for the above Scope of Services, pricing is as follows: • Medium Clean 30" Pipe 1) 30" CMP - $4.00 per linear foot; • Medium Clean 24" Pipe 2) 24" CMP - $3.25 per linear foot; • Medium Clean 24" Pipe 3) 21" CMP - $3.25 per linear foot; • Storm Video 0-48" 1), 2) & 3) Pre and Post- $4.00 per linear foot; • 4" Pump 1), 2) & 3) - $15.00 per hour; • CIPP 30" Pipe 13.5mm 1) 30" CMP - $115.50 per linear foot; • CIPP 24" Pipe 10.1 mm 2) 24" CMP - $94.50 per linear foot; • CIPP 24" Pipe 10.1mm 3) 2 1" CMP - $94.50 per linear foot; and • Plug I & R 15" to 30" 1), 2) & 3) - $150.00 per week. 3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified in Exhibit A and shall name the Village as an"additional insured"on the liability portion of the insurance policy. The Contractor shall at all times indemnify, defend and hold harmless the Village,its agents,servants,and employees,from and against any claim,demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Contract. 4. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Contract or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates,suppliers,subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six(36)months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a),Florida Statutes. 5. TERM; TERMINATION; NOTICE: Pursuant to the Village of Wellington Contract, the original contract term expired on March 24, 2018. The Village of Wellington has renewed the Contract, extending the term until March 24, 2019. This Contract may be terminated by either party upon thirty (30) days written notice to the other party. Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: Page 2 of 5 Village Contractor Village of Tequesta Shenandoah General Construction 345 Tequesta Drive Company Tequesta, FL 33469-0273 1888 NW 2nd Street Attn: Superintendent, Water Utilities Pompano Beach, FL 33069 Attn: Thomas A. Jackson, President 6. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and the Contractor agrees that this Contract is not a contract for employment and that no relationship of employee— employer or principal—agent is or shall be created hereby,nor shall hereafter exist by reason of the performance of the services herein provided. 7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the prevailing party shall be awarded attorney's fees, including fees on appeal. 8. CHOICE OF LAW; VENUE: This Contract shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Contract. 9. AMENDMENTS & ASSIGNMENTS: This Contract, all Exhibits attached hereto, and required insurance certificates constitute the entire Contract between both parties;no modifications shall be made to this Contract unless in writing, agreed to by both parties, and attached hereto as an addendum to this Contract. The Contractor shall not transfer or assign the provision of goods called for in this Contract without prior written consent of the Village. 10. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements,require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 11. PUBLIC RECORDS: In accordance with Sec. 119.0701, Florida Statutes, the Page 3 of 5 Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Village,or fails to make them available for inspection or copying,within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village,all public records in possession of the Contractor,or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwilliamsna,tec1uesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date and year first above written. WITNESS SHEN OAH GENERAL C S R CTION COMPANY i Daniel DiMura, Vice President By: On: October 22 , 2018 : I (Corporate Seal) . '`" VILLAGE OF TEQUESTA ATTEST: L----iiy:Abigfiill Eire nan, Mayo On: OGtsliex , 2018 `bl. IJiUembh \\\\\\\1111111111111Illllll///,,,/" GE• F•TF°''''�4 Seal) Lori McWilliams, MMC \GD�POR9QG Village Clerk INCO p� D# Page 5 of 5 Ex. A THL VILLAVL 01= ELL f N o °PljD,ic Drainage 0 0 1 ,-,.fr.,otru .ture ,isI)eCtion DI " 9 (all A Rel)air ° 11 id 11 FS1HH E N A N D 0 A H CONSTRUCTION 1888 N .W . 22°d Street • Pompano Beach. FL 33069 (954) 975-0098 Fax: (954 ) 975-9718 SHEN - LtisE a shenandoah company AGREEMENT Between VILLAGE OF WELLINGTON and Sheziandoab General Construction Company for Public Works Annual Drainage Infrastructure Inspection,Cleaning and Repair Contract t pay the Village the sum of Five Hundred Dollars($500.00)for each calendar day in achieving Substantial Completion of the Work. Further,Contractor and Village agree that,because of the nature of the Work,the inability of the parties to precisely calculate actual damages for delay and the difficulty of determining these damages,the Contractor shall pay the Village the sum of 25%of the per diem rate set forth in the preceding sentence as liquidated damages for each and every calendar day of unexcused delay for failure to achieve Final Completion. It is hereby agreed that the amount of the per diem assessment for liquidated damages for the Contractor's failure to achieve Substantial Completion of the Work within the time specified in this Agreement is not a penalty and not excessive in light of the circumstances known to the parties at the time this Agreement is executed.The Village's exercise of its right to terminate this Agreement shall not release the Contractor from its obligation to pay liquidated damages in the amount set forth herein. Such assessments shall be immediately due and payable to the Village or, at the Village's option, may be deducted from future payments that may be due and owing to Contractor.Any sums due and payable hereunder by the Contractor shall be payable,not as a penalty,but as liquidated damages representing an estimate of delay damages likely to be sustained by the Village,estimated at or before the time of executing this Agreement. 6. Contract Sum. The Village shall pay the Contractor for the cost of each project, authorized by the Village through the issuance of a Notice to Proceed,based upon the unit prices set forth in the Schedule of Values,inclusive of all licenses,taxes and fees, If any permits are required for the performance of the Work from any governing authorities having jurisdiction over the Project,Contractor shall be responsible for obtaining all required permits and the Village shall pay for the actual cost for such permits as part of the Contract Sum.The Village does not guarantee any minimum amount in contract price nor any minimum number of projects. 7. Payments. Based upon Applications for Payment submitted to and approved by the Project Manager based on Contractor's percentage of completion of the Work in accordance with the Schedule of Values attached as Exhibit"B", Village shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 7.1 Contractor shall submit its Application for Payment on the 286' of each month. The period covered by each Application for Payment is one month,ending on the 28*of the month. 7.2 Each Application for Payment shall show a complete breakdown the Project components, the quantities completed and the amounts due,together with such data substantiating the Contractor's right to payment and such supporting evidence which may be requested by the Project Manager including, but not limited to: (a) all Subcontractor requisitions; (b) where required by any manufacturers for extended warranties, inspection certificates or other acceptable documentation confirming the acceptable completion of any and all required inspections for the Work performed for which payment is being made; (c) all monthly reports required by any federal, state or local requirements including, but not limited to Davis-Bacon. In addition, as a further condition to payment of each progress payment, Contractor shall submit: (i) a sworn and certified Progress Payment Affidavit,which recites that all laborers,material suppliers and Subcontractors dealing with the Contractor have been paid in full through the date of the prior application for payment, with the exception of disputed payments;(ii)submit partial release of lien from Contractor for the current Application for Payment, submit partial releases of lien from all laborers, material suppliers and Subcontractors through the date of the last payment made, and submit partial releases of lien conditioned only upon payment from all lienors,through the date of the current Application for Payment, and such other evidence that the Village may reasonably require substantiating that all Work which is the subject of each such Application for Payment has been performed.The releases of lien form shall conform to the Florida's Construction Lien Law 713.01 et.seq. and/or Fla. Stat. §255.05 shall be in such forms as approved by the Project Manager.An updated construction schedule shall be submitted at least monthly to the Village. Submission of the updated construction schedule shall not serve as notice of delays and shall not be construed as Owner's consent to extensions of the Contract Time. Each requisition shall be submitted in triplicate to the Project Manager for approval. 7.3 The Village shall retain 10%of all sums due in any pay period as retainage. If applicable under Section 218.735, Florida Statutes, after 50% completion of the Work under this Agreement, the Village shall reduce to 5% the amount of retainage withheld from each subsequent progress 3 whole or in part,as applicable. 7.7 When the Contractor receives payment from the Village for labor,services or materials famished by Subcontractor and suppliers hired by the Contractor, the Contractor shall remit payment due those parties within ten (10) days after receipt of payment from the Owner, unless otherwise provided for by Florida Law. 7.8 Final Payment.Requests for final payment shall be accompanied by paid invoices and other back- up material as may be necessary by the Village to substantiate the final fee of Contractor. In no instance shall final billing exceed the amount allocated in the Contract Documents. Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Village to Contractor when: 1 the Contractor has fully complied with and performed all of its obligations and/or responsibilities under the Contract Documents; .2 all punch list Work has been completed in accordance with the Contract Documents; .3 Contractor has submitted a Contractor's Final Payment Affidavit in a form acceptable to the Project Manager and in accordance with Florida Statutes; .4 Contractor has submitted its unconditional final lien waiver together with final lien waivers from all of its Subcontractors,lienors and suppliers in a form acceptable to the Project Manager; .5 Contractor has obtained all applicable approvals from all governmental and other authorities having jurisdiction over the Work,unless such approvals are being withheld due to causes which are not within the Contractor's responsibility under this Agreement; .6 Contractor has complied with all other express requirements of the Contract Documents and the reasonable requirements of Village as a condition to final payment; .7 Project Manager has approved final payment; .8 Contractor has submitted a certificate of insurance evidencing that the insurance required by the Contract Documents will remain in force after final payment, and will continue through the remaining duration of the Project,and thereafter as required by the Contract Documents; .9 Contractor has delivered all warranties,operational manuals,and instructions in operation as provided by the Contract Documents,not previously delivered; .10 Contractor has delivered all final as-builts; .11 Surety has issued a Consent of Surety to Final Payment; .12 Evidence that any and all claims have been settled; .13 Final meter readings for utilities,a measured record of stored fuel,and similar date as of the date when Village took possession and assumed responsibility for corresponding elements of the Work; .14 Final,liquidated damages settlement statement. 7.9 Upon receipt of written notice from Contractor that the Project or designated Phase thereof is ready for Final Inspection, the Project Manager shall, within ten(10) days, make an inspection 5 8. Contractor. Contractor represents that it is a properly qualified and licensed contractor in good standing with the State of Florida and is a Florida corporation in good standing, organized and existing under the laws of the State of Florida. Contractor further represents that it has read, examined and understands the pertinent Contract Documents and is well qualified and able to perform the Work; that it has a sufficient number of qualified personnel to assure timely performance of the Work; that it has the proper tools and equipment to perform the Work; and is financially capable of performing this Agreement; that Contractor has visited the site of the Work, examined the actual job conditions and is familiar with local conditions and all things required that will have a bearing on performance of the Work;that all materials incorporated in the Work will be new unless otherwise specified, and that all Work will be of first quality,free from faults and defects and in conformance with the Contract Documents. All Work not so conforming to these standards may be considered defective. The Contractor shall supervise and direct the Work using its best skill and attention. All Work shall be performed by craftsmen skilled in the trades and application of materials involved. The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the Work and shall comply with all OSHA regulations regarding job safety and all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety or persons or property. Contractor shall comply with the Trench Safety Standards provided by OSHA's Excavation Safety Standards,29 CFR §1926.650 Subpart P and Fla. Stat. §553.60-§553.64 (1990)(inclusive). The Contractor at all times shall keep the Property free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work Contractor shall remove, at its sole cost and expense, all its waste materials and rubbish from and about the Property as well as its tools and equipment,shall clean all surfaces,and shall leave the Work "broom clean" or its equivalent,except as otherwise specified. Contractor agrees to immediately repair at its sole cost and expense all damages to the Property arising from or relating to Contractor's performance of the Work 9. Indemnity. To the fullest extent permitted by the law, Contractor shall indemnify and hold harmless the Village,and its officers,directors,agents,members and employees,from liabilities,damages,losses,and costs,including,but not limited to, reasonable attorneys' fees at the trial and appellate Ievel, but only to the extent caused by the negligence, recklessness, wrongly or intentionally wrongful conduct, act or omission of the Contractor and other persons employed or utilized by Contractor,any of Contractor's Subcontractors,agents or others for whom the Contractor is responsible,arising from this Contractor its performance. The Village's contributory negligence shall only reduce, but not prevent, the Contractor's obligation to indemnity provided herein. Regardless of the forgoing,this provision shall be limited by Florida Statute 725.06. 10. Subcontracts. No portion of the Work may be subcontracted without the prior written consent of the Village,which consent may be withheld for any reason.It is further agreed that all subcontracts and material and equipment purchase contracts entered into by Contractor or its subcontractors or material suppliers,shall contain a provision,stating that the Village may bring claim directly against any subcontractor of Contractor for breach.of Contract,warranty rights,quality of workmanship,and create third party beneficiary rights of Village in said agreements. Additionally,nothing contained in this Contract shall constitute an assignment of Contractor's rights against the Village or create any third party beneficiary rights in any subcontractors or material and equipment suppliers of Contractor. The purpose of this provision is to allow the Village, in addition to Contractor, to make claim for damage or indemnification directly against any subcontractors or material and equipment suppliers that may be ultimately responsible for defects or deficiencies in the Work or materials and equipment. 11. Time&Delays. Ali time limits stated in the Contract Documents are of the essence in this Agreement. If the Contractor is delayed at any time in the progress of the Work by changes ordered in the Work,by labor disputes, fire, unusual delay in transportation,unavoidable casualties,inclement weather,causes beyond the Contractor's control,or by any cause which the Project Manager may determine justifies the delay, then the Contract Time shall be extended by written Change Order for such reasonable time as the Project Manager may determine. All requests for extensions of time other than those associated with changes in the Work,must be submitted in writing to Project Manager within two 2 business days of the event giving rise to the delay. Failure to so request an extension will constitute a waiver of any right for an extension of time. In the event that Contractor is delayed in the progress of the Work, and is granted an extension of time in which to perform the Work;in no instance will Contractor be entitled to increased costs,compensation or damages as a result of delay. All damages that may occur by reason of delay are hereby waived by Contractor.Said claim shall specifically include,among other things, an adjusted critical path schedule reflecting precisely the delay and its claimed impact upon the Contractor's future performance. Claims for adverse weather conditions shall be documented by data substantiating the weather conditions were 7 additions by the Village, Village shall be a named insured and beneficiary of the builder's risk insurance. 12.5 Notice of Cancellation, Expiration, and/or Restriction: The policy(ies) must be endorsed to provide Village with thirty (30) days advanced written notice of cancellation, expiration, and/or restriction,to the attention of the PROJECT MANAGER, 12300 Forest Hill Blvd.,Wellington,FL 33414. 12.6 The Contractor's Certificates of insurance are attached hereto as Exhibit"C".Village reserves the right to require a certified copy of such policies upon request:. All certificates shall state that Village shall be given thirty(30)days prior written notice of cancellation and/or expiration. 12.7 All policies of Contractor shall contain an endorsement whereby the insurance carriers agree that its insurance is primary and not contributory with or in excess of any coverage which the Village has purchased.The Contractor shall be responsible for all deductibles under the insurance policies. The Contractor shall be responsible for all loss or damage to the Work,including the Contractor's materials delivered to site for incorporation therein and all property issued to the Contractor by the Village for use or incorporation in the Work. The Contractor shall waive all rights against the Village for recovery of damages to the extent that these damages are covered by insurance maintained pursuant to the above requirements, and the Contractor shall provide all waivers of subrogation in the endorsements and forms required by the Village. 12.8 Notwithstanding the availability of any insurance listed hereunder,the Contractor shall bear the risk of loss for its acts, errors or omissions pursuant to this Agreement. The Contractor bears all liability and risk of loss, for losses and damages arising from any acts, errors, omissions, or negligence on the part of the Contractor and its Subcontractors, including without limitation damages for defective and nonconforming work, and the Contractor and all applicable Subcontractors shall bear the risk and pay for such losses regardless of whether the Contractor should be covered for such losses by any insurance required by this Article.The Contractor bears all liability and risk of loss,for losses and damages arising from acts of god,rain,fire,vandalism or any other causes,other than causes resulting from the negligence of the Village. 13. Correction of Work and Warranty. Contractor warrants to Village that all materials and equipment furnished for the Project will be new unless otherwise specified and that all Work for the Project,will be of good quality,free from faults and defects, fully functional, and in conformance with the Contract Documents. The Work shall be free from defects not inherent in the quality required or permitted,and that the Work will conform to the requirements of the Contract Documents. All Work for the Project not conforming to these requirements,including substitutions not properly approved and authorized, may be considered defective. The Contractor shall, within three (3)working days of written notice from Village, correct any Work that fails to conform to the requirements of the Contract Documents and unconditionally guarantees and warrants that it shall correct at its sole cost and expense any defects due to faulty materials,equipment and/or workmanship which appear within a period of three(3)years from the date of final payment or such longer time required by the Contract Documents for particular items (the"Extended Warranties")..The Contractor shall bear all costs of correcting such defective work. Contractor and Subcontractor warranties expressly also include all statutory warranties,all of which are specifically and expressly incorporated herein by reference.The Contractor shall also provide warranties from manufacturers for the specified items and systems within the Contract Documents(the"Manufacturers' Warranties'l,Warranty Forms shall be attached as Exhibit "D" to this Agreement and may include Extended Warranties. These obligations shall survive termination of this Agreement. If Contractor should default in the performance of any of its warranty obligations,it shall be responsible for all damages,fees or costs incurred by the Village in enforcing the provisions of this Article,including,but not limited to,ail attorney's fees,engineering and consulting fees or other expenses incurred. Without limiting the generality of the foregoing,if any warranty repairs are not performed within the specified time, emergency repairs performed by others shall not void the warranty and the Contractor shall reimburse the Village for all costs incurred in connection with the performance of such repairs. This warranty is in addition to and not in lieu of any other warranties,express or implied,which may be provided by law. 14. Changes. Changes in the Work may be accomplished after execution of the Agreement, and without invalidating the Agreement, by Change Order or Construction Change Directive, subject to the limitations stated in this 9 14.2.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum,the Project Manager shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including,in case of an increase in the Contract Sum,an amount for overhead and profit as set forth in the.Agreement,or if no such amount is set forth in the Agreement,a reasonable amount. In such case, the Contractor shall keep and present, in such form as the Project Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 14.2.7 shall be limited to the following: .1 Costs of labor,including social security, old age and unemployment insurance, fringe benefits required by agreement or custom,and workers'compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance,permit fees,and sales,use or similar taxes related to the Work;and .5 Additional costs of supervision and field office personnel directly attributable to the change. 14.2.8 Pending final determination of the total cost of a Construction Change Directive,the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment.The Project Manager will make an interim determination for purposes of monthly certification for payment for those costs and approve for payment the amount that the Project Manager determines, in the Project Manager's sole judgment, to be reasonably justified. The Project Manager's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order,subject to the right of either party to disagree and assert a claim. 15. Compliance with Laws. The Contractor shall give all notices, and warrants and represents that the Work will comply with all federal, state and local laws, ordinances,rules, regulations, and orders of any public authority having jurisdiction over the Work. Contractor shall comply with all ordinances, laws and rules of the State of Florida,Village of Wellington and Palm Beach County applicable to the Work. Contractor shall be liable for any deviation from any laws, ordinances,rules,regulations, and orders of any public authority even if in strict compliance with the Contract Documents. Contractor shall bear sole responsibility for and bear all costs necessary to insure full compliance with the representations contained herein,including,but not limited to any attorney's fees or other expenses incurred by Village in responding to any complaints,citations,court orders, administrative orders or similar governmental edicts or process. The provisions of this paragraph shall survive the termination of this Agreement. 16. Termination. If the Village fails to issue payment for a period outlined in Article 7 through no fault of the Contractor,the Contractor may,after ten(10)days written notice to the Village terminate this Agreement unless the Village cures such default and recover from the Village payment for all work executed including a reasonable profit thereon not to exceed ten percent(10%),but which sum shall never exceed the contract sum less the cost to complete any remaining Work. This sum shall be Contractor's sole remedy under this Agreement. If the Contractor cannot satisfy the conditions and obligations imposed by the Contract Documents,or breaches any of the terms of this Agreement then the Village may,without prejudice to any right or remedy and after giving the Contractor three (3) days written notice,terminate this Agreement and take possession of the site and of all materials, owned by the Contractor and finish the work by whatever method the Village deems expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Sum exceeds the cost of completing and correcting the Work such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Village. This provision shall in no way limit the Village's right to claims for I 22. Public Entity Crime Statement. Contractor acknowledges the existence of Section 287.133(2)(a),Florida Statutes("Public Entity Crimes Act"),which provides,in part,that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to Village, may not submit a bid on a contract with Village for the construction or repair of a public building or public work,may not submit bids on leases of real property to Village, may not be awarded or perform work as a Contractor, supplier,Subcontractor, or Consultant under a contract with Village,and may not transact business with Village in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this Section by Contractor shall result in termination of this Agreement by Village without penalty. 23. Truth-In-Negotiation Certificate. Signature of this Agreement by Contractor shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original Contract Price and any additions thereto shall be adjusted to exclude any significant sums,by which Village determines the Contract Price was increased due to inaccurate,incomplete,or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one(1)year following the end of this Agreement 24. Ucords, Contractor shall keep such records and accounts and require any and all architects,Consultants, and Subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement. Such books and records will be available at all reasonable times for examination and audit by Village and for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes),if applicable,or if the Florida Public Records Act is not applicable,for a minimum period of three(3)years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three(3)years,whichever is longer,the books,records,and accounts shall be retained until resolution of the audit findings. 25. In accordance with Palm Beach County Ordinance Number 2011-009,this Agreement may be subject to investigation and/or audit by the Palm Beach County Inspector General. The Contractor has"reviewed Palm Beach County Ordinance Number 2011-009 and is aware of its rights and/or obligations under such ordinance. 26. Village of WellinZon's'Purchasing and Procurement Procedures Manual. Contractor shall comply with all Contractor requirements of the Village of Wellington's Purchasing and Procurement Procedures Manual as adopted by Resolution No.R2014-12. 27. Local Preference. Except where prohibited by federal or state law, other$u►ding source restrictions,or as otherwise excluded by the Village of Wellington's Local Preference Policy,if Contractor represented itself as a Palm Beach County Local Business or Western Communities Local Business in accordance with the Village of Wellington's Local Preference Policy,Contractor shall be obligated to maintain such status in accordance with eligibility requirements of Village of Wellington's Local Preference Policy through final completion of the Project. In the event Contractor qualified for Local Preference by subcontractor participation,the Contractor shall maintain the local subcontractor(s)identified in its response to the Owner's Invitation to Bid and shall not replace same without the prior written consent of the Owner. In the event Contractor needs to replace a local subcontractor, said subcontractor shall be replaced-with another contractor which meets the eligibility requirements of the Village of Wellington's Local Preference Policy,unless expressly agreed in writing by the Owner. 28. Code of Ethics&Conduct If Contractor violates or is a party to a violation of the Florida Statutes Chapter 112 or the Palm Beach Code of Ethics(Sec.2-441 et seq),Contractor may be in material breach of this Agreement and may be disqualified form bidding on any future bids for work of goods with the Owner. 29. on-Collusion. This Agreement is made without collusion or fraud. No premiums,rebates,or gratuities are permitted with,prior to, or after any delivery of material or provisions of services. Any violation of this provision may result in termination of this Agreement, return of materials or discontinuation of services, and the possible removal of Contractor for bidder lists. 30. Drug-Free Workplace. Contractor certifies that it maintains a drug-free work place. 13 For YLLLGE: For,Contractor, Awilds Rodrigno;Village Clerk Daniel Di1Vlnra Village of Wellington Shenandoah General Construction Company 12300 Forest Hill Blvd 1888 NW 22 Street Wellington,FL 33414 Pompano Beach,Florida 33069 38. The Owner Direct Special Conditions(Sales Tax Information)are incorporated herein by reference. 39. Exhibits Exhibit A Plans&Specifications(if applicable) Exhibit B Schedule of Values Exhibit C Certificate of Insurance Exhibit D Warranty Forms Exhibit E Payment and Performance Bond Forms (if applicable) Exhibit F Form of Certificate of Substantial Completion Exhibit G Form.for Application for Payment Exhibit H Bill of Sale Form Exhibit I Affidavit to Owner and Final Release of Loins (Signatures on following page) 15 EXHIBIT A PLANS&SPECIFICATIONS 17 The Contractor is solely responsible for compliance with all relevant municipal, County, State and Federal regulations in regard to construction practices. The contractor shall use equipment which is safe and maintained in a good workable condition, The Contractor is solely responsible for traffic control at no additional cost to Wellington. The Contractor shall famish all safety barricades, warning lights and other safety devices as may be necessary and appropriate to offer safe operational practices,and adequately protect the public.All traffic control implemented by the Contractor shall comply with the"Manual on Uniform 1 raffic Control Devices"standards. 4.0 DIVING INSPECTION AND VIDEO LOGS Wellington may request,pre-and/or post-construction,as part of an inspection,cleaning,installation,slip-lining,or repair of submerged structures or pipes,a DVD or CD of the results of the work to confirm that said structure or pipe is clear of debris. The price of which shall follow the schedule item as provided in the bid proposal. Such requests for video logs and the subsequent production of the DVD are to verify the work and provide a means of linking the results of inspection to Wellington's Geographic Information System(GIS)for permanent storage and access. At the present time the format has not been determined for recording video inspection logs of its structures.Until the policy of a standard dard format is adopted the Vendor shall supply any requested video inspection by Wellington. Inspection reports shall be submitted in printed hard copy and when specifically requested by Wellington in an electronic data format.These records shall include BUT NOT BE LIMITl3D TO THE FOLLOWING: I. Correct address/location of structures(eg.Manholes,catch basins,conflict boxes,pipes,etc.) 2. Pipe size,length and material. 3. Rootage Iocations and descriptions of defects such as obstructions, root intrusion, masonry plugs, offset joints, cracked pipe,holes,collapses,sags,laterals,and/or blockages in the pipe. 4. Audio reporting of observations is important and should be clear and concise.Extensive background noise recorded on the audio inspection report is unacceptable. 5. DVD/CD number and index. The original video DVD/CDs,when specifically requested to be produced as[part of an individual project or inspection,shall be forwarded to Wellington with a report and shall become the property of Wellington/Up to one additional copy will be provided at no cost to Wellington. 5.0 SCHEDULE OF WORK The Contractor shall complete the specified work within time negotiated for each project from the date specified in the Notice to Proceed.The time may be extended due to extenuating circumstances and/or unforeseen circumstances.Any time beyond the negotiated time must be approved in writing in advance by the Contract Administrator or designee. 6.0 PA'YMENT Payment for work will be in accordance with the prices set forth in the proposal for the quantity of work performed.Progress payments will be made monthly,based on the work performed during that period.The Contractor will be required to submit a standard Wellington or Acme Improvement District schedule of completion forms for partial payment of accepted work. Specialized pipe rehabilitation services that cannot be adequately provided by the contractor, or resulting from work done under this contract,many be provided by a sub-contractor under the direct supervision of the contract.Such services are to be included in the bid price. If the need for specialized services is encountered during rehabilitation efforts,this will be handled on a case-by-case basis via change order(s). 7.0 EXPLANATION OF TERMS 19 SLIP LINING SLIP LINING(CULVERT LINING) A. Slip lining pipes shall be made of high-density polyethylene resins in accordance with the requirements of ASTM A- 3350-02 or later.The cell classification will be 345464C and shall have the Plastic Pipe institute designation of PE 3408.The liner pipe shall comply with requirements of ASTM F-714 for dimensions and have a maximum DR of 32.5. The liner pipe shall have a smooth, non-corrugated interior and exterior. The liner shall be resistant to the effects of ultraviolet rays. Slip liner shall be installed in accordance with the installation instructions of the manufacturer or as directed by the engineer. The liner pipe shall be capable of being joined into continuous lengths by an approved method.The joints shall not create an increase in the outside diameter of the liner pipe to eliminate coupling hang-ups.The joints must contain a gasket or sealant and be watertight,capable of handling pressures in excess of 25 feet of head per ASTM D-3212. The joining system for the liner pipe shall be approved by the Project Engineer. Existing culverts shall be cleaned of all debris and any sharp edges repaired.Care shall be taken when installing slip liners in existing pipes with extruding bolts or hardware so as not to score or damage liner.In some cases it may be necessary to place a skid system in the existing culvert to protect the liner from damage during installation.The skid system shall be installed so as to allow the grout to flow completely around the liner. The complete liner shall be grouted the entire length between the old pipe and the new liner pipe.The grout shall be foamed with a density of not more than 501bs per cubic foot.The grout shall have a strength of 300 psi.The price of the grout is to be included in the linear cost of the slip-lining operation. The unit price paid for pipe liners shall be by the lineal foot and shall include all work performed on existing Slips, i.e.;installing skid systems so damage is minimal and placing grout. SPECIFICATIONS FOR CURED-IN-PLACE PIPE(CIPP) 1. INTENT 1.1 it is the intent of this specification to provide for the reconstruction of pipelines and conduits by the installation of a resin-impregnable flexible tube which is formed to the original conduit by use of a hydrostatic head.The resin is cured using hot water under hydrostatic pressure within the tube. The Cured-In-Place Pipe (CIPP) will be continuous and tight fitting. 2. REFERENCED DOCUMENTS 2.1 This specification references ASTM F1216 (Rehabilitation of pipelines by the inversion and curing of a resin- impregnated tube),ASTM F1743 (Rehabilitation of pipelines by pulled-in-place installation of a cured-in-place thermosetting resin pipe),and STM D790(Test methods for flexural properties of unreinforced plastics)which are made a part hereof by such reference and shall be the Iatest edition and revision thereof. In case of conflicting requirements between this specification and these referenced documents, this specification will govern 3. PRODUCT,MANUFACTURER/INSTALLER QUALIFICATION REQUIREMENTS 3.1 Since pipeline rehabilitation products are intended to have a 50 year design life, and in order to minimize the Owner's risk,only proven products with substantial successful long term track records will be approved. 3.1.1 For an Installer to be considered, the Installer must satisfy all insurance, financial, and bonding requirements of the Owner, and must have had at least 2 (two) years active experience in the commercial installation of the product bid. Acceptable documentation of these minimum installations must be submitted to the Owner. 21 5.4 The required structural CIPP wall thickness shall be based as a minimum,on the physical properties in Section 5.5 and in accordance with the Design Equations in the appendix of ASTM F1216, and the following design parameters: Design Safety Factor =2`0 Retention Factor for Long-Term Flexural Modulus to be used in Design=l%-60% Ovality* Enhancement Factor,k =See Section 5.3 Groundwater Depth(above invert)* Soil Depth(above crown)* Soil Modulus** =Psi Soil Density** =120 c Live Load** - Design Condition(partially or fully deteriorated)*** =PD 5.5 Refer to the attached Dimensional Ratio table for specific pipe section requirements,based on the pipe condition, depth,ovality.etc.as computed for the conditions shown,using ASTM F1216 Design Equations. 5.6 Any layers of the tube that are not saturated with resin prior to insertion into the existing pipe shall not be included in the structural CIPP wall thickness computation. 6. TESTING REQUIREMENTS 6.1 Chemical Resistance—The CIPP shall meet the chemical resistance requirements of ASTM F1216, Appendix X2. CIPP samples for testing shall be of tube and resin system similar to that proposed for actual construction_It is required that CIPP samples with and without plastic coating meet these chemical testing requirements. 6.2 Hydraulic Capacity—Overall,the hydraulic profile shall be maintained as large as possible. The CIPP shall have a minimum of the full flow capacity of the original pipe before rehabilitation. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition. 7. INSTALLATION RESPONSIBILITIES FOR INCIDENTAL ITEMS 7.1 It shall be the responsibility of the Owner to locate and designate all access points accessible for the work, and provide rights of access to these points.If a street must be closed to traffic because of the orientation of the pipe, the Owner shall institute the actions necessary to do this for the mutually agreed time period. Contractor shall obtain a hydrant meter from Wellington and shall pay for all potable water used at hydrants for cleaning, inversion and other work items requiring water. 7.2 Cleaning of pipes- The pipes shall be clear of all internal debris and all internal debris that will interfere with the installation of CIPP. 7.3 Inspection of Pipelines—Inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles and service connections by close circuit television. The interior of the pipeline shall be carefully inspected to determine the location of any conditions which may prevent proper installation of CIPP into the pipelines,and it shall be noted so that these conditions can be corrected.A video tape and suitable log shall be kept for later reference by the Owner. 7A Line Obstructions—It shall be the responsibility of the Contractor to clear the line of obstructions such as solids and roots that will prevent the insertion of CIPP. If pre-installation inspection reveals an obstruction such as a protruding connection,dropped joint,or a collapse that will prevent the inversion process,that was not evident on the pre-bid video and it cannot be removed by conventional pipe cleaning equipment,then the Contractor shall make a point repair excavation to uncover and remove or repair the obstruction. Such excavation shall be 23 EXHIBIT B SCHEDULE OF VALUES 26 Item Description Unit Unit Prtce 33 Medium Cleaning of 54"Pie LF $ 10.75 34 Heavy Cleaning of 54"Pipe LF $ 28•0 35 Light Cleaning of 60"Pipe LF 1$ 10.0 36 Medium Cleaning of 60"Pie LF $ 12.7 37 Heavy Cleaning of 60"Pie LF 34.0 38 Light Cleaning of 66"Pipe LF $ 11.00 39 Medium Cleanin of 66"Pipe LF $ 14.00 40 Hea Cleanin of 66"Pipe LF $ 35.0 41 Light Cleaning of 72"Pipe LF $ 12.0 42 Medium Cleaning of 72"Pipe LF $ 15.0 43 Heavy Cleaning of 72"Pipe LF $ 47.0 44 Light Cleaning of 84"Pipe LF $ 13.0 45 Medium Cleaning of 84"Pie LF $ 19.0 46 Heavy Cleaning of 84"Pipe LF $ 53.0 47 Light Cleaning of 96"Pipe LF $ 16.00 48 Medium Cleaning of 96"Pie LF $ 25.00 49 heavy Cleaning of 96"Pipe LF $ 65.00 50 Spec[ Ity Cleaning of.15"Pipe LF $ 10.0 51 Specialty Cleaning of:18"Pipe LF $ 10.0 52 Specialty Cleaning of:24"Pipe LF $ 10.0 53 Specialty Cleaning of:30"Pie LF $ 16.0 54 Sp ecialt Cleanin of:36"Pipe LF $ 19.0 55 Specialty Cleaning of:42"Pipe LF $ 20.0 56 Specialty Cleaning of:48"Pipe LF $ 36•0 57 Specialty Cleaning of:54"Pipe LF $ 40.0 58 Specialty Cleanin of:60"Pipe LF $ 45.0 59 Specialty Cleanin of:66"Pipe LF $ 47.0 60 Specialty Cleaning of:72"Pie LF $ 50.0 61 S e alty Cleaning of:84"Pie LF $ 56.0 62 Specialty Cleaning of:96"Pipe LF $ 65. 00 Sli Lining.or::EquiVlent.'gliiptfcat Circuniferen4e 63 Slip Lining 15"Pie LF $ 40.00 64 SlipLinin 18"Pie LF $ 45.00 65 Slip Lining 24"Pipe LF $ 54.00 66 SlipLlning 30"Pipe LF $ 85.00 67 Slip Lining 36"Pipe I LF 1$ 128.00 4 26 103 Pressure Grout Injection Joints $ 200.00 104 Silt Screen Installation&Removal per 100 ft Ea $ 100.00 105 Maintenance of Traffic Ea $ 250.00 106 Dum truck(16 CY minimum) Hr $ 40.00 107 Supervisor/Foreman Hr $ 50.00 108 taborer(Skilled) Hr $ 35.00 109 Air Compressor Hr $ 25.00 110 Vac Truck minimum 3,200 gallon truck) Hr $ 190.0 Item Notes: *Item numbers 11 through 62 (cleaning of drainage pipes): The unit price for these services shall include the vac truck with all accessories, labors and supervision to conduct cleaning operations. Pipe plugs and pumps shall be charged independently per line items 3-7 and 8-10. *Item numbers 101,102,107,and 111(equipment):The unit cost for these items shall include the operator. *Item number 105(maintenance of traffic):see maintenance of traffic policy. 28 SHENA,2 OP ID.KR A R"' CERTIFICATE OF LIABILITY INSURANCE DATE(MM E(MM o a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 'BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREk(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policylles)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT -NAME: Brown&Brown of Florida,Inc. PHONE r a 954-776-2222 Ne':954-776-4446 1201 W Cypress Creek Rd#130 P.O.Box$727 AD Ft.Lauderdale,FL 33310-5727 M Ichael Gorham INSURER(S)AFFORDING COVERAGE NAIC N INSURERA:Arnerisure Mutual Ins.Co. 23390 INSURED Shenandoah General INSURER a:Amerisure Insurance Company 19488Const _ Shen- ne,IL Co,Inc,and INSURER c:Homeland Ins.Co.of New York 34462 Shen-Line,LLC Attn:Margaret Lary INSURERD:Amerlcan Guar&Liab Ins Cc 26247 1888 NW 22nd Street Pompano Beach,FL 33069 INSURERS: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFF POLICY EXP WLTRSR TYPEOFINSURANCE POLICYNUMBER MIDD LIMI S GENERAL UASILITY EACH OCCURRENCE f 1,110D,00 A X rgMMERCI&GENERAL LIABILITY X CPP20953510002 1213112014 12131/2016 PREMISES fEa ot;w(rmuls 100,00 CIAIMS.MADE O OCCUR MED EXP one s 5,00 PERSONAL AADV INJURY S 1,000,00 GENERAL AGGREGATE S 2,000,0010 GERL AGGREGATE LIMIT APPLIES PER' PRODUCTS-COMPIOPAGQ S 2,000,00 POLICY X PO El LOCf If AUTOMOBILE LUIBLITY s act dE�Dd51NGLE LIMIT 1,000,00 B X ANY Auro CA20963600001 12131/2014 12131/201 S BOOILY INJURY(Per person); S ALL OWNEO SCHEDULED BOOILY INJURY(Per acddenl) S AUTOS X HIRED AUTOS X AUTOS POPACCI NT S S X UMBRELLA IIA9 X OCCUR EACH OCCURRENCE f 5.000,00 D EXCESS LIAR CLAIMS-MADE AUC008607100 12/31/2014 12131/2015 AGGREGATE s 6,D00,00 DEO X RETENTION 10000 s WORKERS COMPENSATION X WC STATU OTH• LIMFR AND EMPLAYER5 LIABILITY B ANYPROPRMTORIPARTNEWEXECUTIVE Ya NIA WC2ot307150301 01/01/2015 01/01/2015 EA.EACHACCWENT s 1,000,00 OFFICERIMEMSER EXCLUDED? (MendatoryInNH) E.L.DISEASE-EA EMPLOYEE S 1,000,00 If M desame under I DESCRIPTION OF OPERMIONSbelow E.1-DISEASE-POLICY LIMIT; S 1,000,00 C Pollution Llab 930006760003 17131/2014 121,1112015 Each Occ 1,000,000 Retention:2,500 LAIMS MADE Aggregate 2,000,00 DESCRFTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101.AddlUonal Ranurks Schadulo,Ir r wra space Is required) Village of Wellington is additional insured as respects the General Liability if required by written contract. CERTIFICATE HOLDER CANCELLATION WELLING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE MLL BE DELIVERED IN Village of Wellington ACCORDANCE WITH THE POLICY PROVISIONS. 12300 Forest Hill Blvd Weltington,FL 33414 AUTHORIZED REPRESENTATIVE _1"C ^ 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2D10105) The ACORD name and logo are registered marks of ACORD 30 Ex. B. Janet McCorkle From: Danielle Zembrzuski <Dzembrzuski@wellingtonfl.gov> Sent: Thursday,October 18,2018 1:15 PM To: Janet McCorkle Cc: Bill Conerly; Susan Trzepacz Subject: RE:Shenandoah Piggyback Contract Janet -The Village of Wellington will allow the Village of Tequesta to piggyback ITB 003-15/DZ- Public Works Annual Drainage Infrastructure, Inspection,Cleaning and Repair contract. Although,ultimately it is up to Shenandoah to decide if they will honor the pricing. Please let me know you need anything else. Thank you Danielle Zembrzuski,CPPO,CPPB I Purchasing Manager I Village of Wellington 1 561-791•4107 From:Janet McCorkle<jmccorkle@tequesta.org> Sent:Wednesday,October 17,2018 9:20 AM To:Danielle Zembrzuski<Dzembrzuski@wellingtonfl.gov> Subject:FW:Shenandoah Piggyback Contract Good Morning Danielle, Can we get a letter or email authorizing the Village of Tequesta to piggyback off of the attached contract? Thank you. Janet McCorkle Village of Tequesta. Public Services Facility Administrative Assistant 561-768-0482 561-214-2199 From: Bill Conerly<bconerly@wellingtonfl.gov> Sent:Wednesday,October 17,2018 8:51 AM To:Janet McCorkle<imccorkle@tequesta.org> Cc:Danielle Zembrzuski<Dzembrzuski@wellingtonfl.gov>;Susan Trzepacz<strzepacz@wellingtonfl.gov> Subject: FW:Shenandoah Piggyback Contract Mimecast Attachment Protection has deemed this file to be safe,but always exercise caution when opening files. Hi, 1 THE VILLAGE OF ELLI NGTONY A GREAT HOMETOWN Council Manager Anne Gerwig,Mayor Paul Schofield John I McGovern,Vice Mayor Michael Drahos,Councilman Michael J.Napoleon,Councilman Tanya Siskind,Councilwoman January 11, 2018 Mr. Daniel DiMura Shenandoah General Construction Company 1888 NW 22"d Street Pompano Beach, FL 33069 RE: Contract Renewal / ITB #003-15/DZ Dear Mr. DiMura: Wellington awarded Bid#003-15/DZ to Shenandoah General Construction Company for Public Works Annual Drainage Inspection, Cleaning and Repair contract. The original contract will expire on March 24, 2018. The contract provided for two (2) one-year renewal options. Wellington would like to exercise the first renewal option to renew for a period of one(1)year effective March 24, 2018 through March 24, 2019, under the same terms and conditions. Upon the anniversary date of each renewal period, the awarded vendor may submit a requested price increase per individual item unit cost to the Purchasing Division in writing 90 days prior to the renewal period. Wellington will consider such price increase based on the most recent Consumer Price Index and/or proof of a manufacturer's price increase. If the most recent CPI or market reflects a de-escalation of prices, the successful bidder will extend such prices. Wellington reserves the right to accept or reject the price increase and may choose to re-bid the contract if it is deemed to be in the best interest of Wellington. The contract will be extended 90 days beyond the contract expiration date, if needed. Bidders agree to this extension when they sign their bid document for the initial period. Orders will be placed to the successful bidder(s) on an as-needed when-needed basis to meet Wellington's usage requirements. Wellington reserves the right to order as and when required. No delivery shall become due to be acceptable without a purchase order by Wellington. In accordance with Palm Beach County ordinance number 2011-009, the vendor understands that any Contract that results from an RFP/ITB may be subject to investigation and/or audit by the Palm Beach County Inspector General. The offeror has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. 12300 Forest Hill Boulevard-Wellington, Florida 33414-(561)7914000-Fax(561)791-4045 www.wellingtonfl.gov Janet McCorkle From: Margaret Lary <margaret.lary@shenandoahconstruction.com> Sent: Thursday, October 18, 2018 4:02 PM To: Janet McCorkle Subject: RE: Shenandoah Piggyback Contract Attachments: Mimecast Attachment Protection Instructions;Village of Wellington Drainage Contract ITB#003-15DZ.pdf Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Good afternoon Janet, Shenandoah will honor the terms, pricing and conditions of the Village of Wellington's Contract to the Village of Tequesta. If you need additional information, please do not hesitate to contact me. Sincerely, ISHENANDOA]HII 0ONSTRUCTION PqW balrrd"e!Regaerglm 9peslsl19 SIHEN-LINEI nrr 11W" Corporate Office IBM NWZ"Streti Pompano Reach,FI.33069 (9:51)975-0098 sixnandouhconstrud ion.com i kil n;.�•+,;;g i+ 111,;r ;i fir, ro, i4 fr ;rrlrt-r.lrr'd W) 1., uvi;;,l; r; ;.,".tr.. t,-d .rr:.i "Mr.,rrr rr;1����r.;.r,'r.v f,h.., r;:,rr rrr;rhi`t� l rn�v a h-,r v, ITJ171,,,.1. rr,r;;i.h;Iio, ar;,l,., mr-r fr:rrr JI.+.1,„1fr, wId,r :ggd;.; +;.: hit, or inav,,:vnsUt:rl: a+ .ft rrrrET tsvrn': e. r; t•:hu ,ift r;it t.�k' ir;tt44,r"d rs�17.�;�-r7r, V,':?l .0. h,:-n,''I' rl;.:u ,,rr5 rep, di,.�Olvioife'n, ;larch"rllr'�t1� ,rt .,,��tvr)',' <al th'.N �)ri;lurrnh:,rt:r,r; r, tiNr.:r/i Jr�r!;ut';f rl. If 5:�.+;, J;,u,- r....;r,..r rlth :nrrrr,rr;;,.rr;.rr: rrr .rrnr, i;.,ttjti•.,-t rr+;!rte':+;,rt,.It `k ,,. "I:,-j i,;,:•;r,;;r:',,-f;ri,,. h;,rR .> ;r;Jeri,ek,rt,i'-, ;1 ri;;s r:, uIn L-crru-l% :rlrurnrnr;':r,';;rr,. From:Janet McCorkle<jmccorkle@tequesta.org> Sent:Thursday, October 18, 2018 1:42 PM 1