HomeMy WebLinkAboutAgreement_General_12/28/2018_Tom Bradford PROFESSIONAL SERVICES AGREEMENT
(Construction Contract Administrator)
This Professional Services Agreement ("Agreement') for a Construction Contract
Administrator is made and entered into this It day of December 2018, by and between the
Village of Tequesta, Florida, a municipal corporation, and Thomas G. Bradford, an individual,
both of whom understand and agree as follows:
WHEREAS, the Village of Tequesta ("Village") has entered into contracts with two (2)
firms to complete its Water Treatment Plant Upgrades; and
WHEREAS, in order to ensure that the Water Treatment Plant Upgrades are performed
timely, effectively and in full transparency, the Village desires to enter into a Professional
Services Agreement for a Construction Contract Administrator to provide contract oversight
services during the 10-month plant upgrade project; and
WHEREAS, the purpose of this Agreement is to set forth certain terms and conditions
for the provision of services to be provided by the Thomas G. Bradford, as Construction Contract
Administrator for the Village; and
WHEREAS, Thomas G. Bradford is willing and able to enter into this Professional
Services Agreement to serve as the Construction Contract Administrator for the Village during
the pendency of the plant upgrade project.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS
The foregoing recitals are incorporated into this Agreement as true and correct statements.
SECTION 2. DUTIES; LIMITATIONS
Thomas G. Bradford shall serve as the Construction Contract Administrator for the Village of
Tequesta to provide oversight of the two (2) contracts entered into by the Village for its Water
Treatment Plant Upgrades. The two (2) contracts for this project are Kimley Horn and Associates
(Project Engineers) and Florida Design Contractors, Inc. (Contractor). This Water Treatment
Plant Upgrade Project is scheduled for ten (10) months.
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The primary objective of this Agreement, and of the Construction Contract Administrator, is to
establish best practices that the Village can use to improve contract administration and assure
responsiveness by the contractors and best value to the taxpayers. Improving contract
administration practices will help to achieve excellence in contractor performance so that the
Village of Tequesta receives the proposed goods and services on time, and within budget.
Engagement in this Agreement constitutes that is essential for providing full transparency and
cost controls for the Water Treatment Plant Upgrade Project. The Construction Contract
Administrator will be the Village of Tequesta representative for monitoring all contract activities
associated with this project to assure that the Village receives the full value of the project.
The Construction Contract Administrator shall work with the Water Treatment Plant Supervisor,
or assigned staff, to assure water quality is not compromised during the construction project.
The Construction Contract Administrator will provide conflict resolution between all parties and
forward any projected change orders, along with any recommendations, to the Village Manager
for consideration.
SECTION 3.INDEPENDENT CONTRACTOR
It is specifically understood that Thomas G. Bradford is an independent contractor and not an
employee of the Village of Tequesta. Both the Village and Thomas G. Bradford agree 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.
SECTION 4. TERM
The term of this Agreement shall be ten (10) months, commencing January 1, 2019 and
continuing until November 1, 2019.
This Agreement with the Village encompasses all transactions between the Village,the engineers
and the contractor, and shall be completed upon acceptance of the project and/or when the
contract is terminated, final payments are made, and all disputes have been resolved.
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Nothing in this Agreement shall be construed to prevent, limit or otherwise interfere with the
right of either the Village, or of Thomas G. Bradford, to terminate this agreement, subject to the
provisions set forth in Section 5 below.
SECTION 5. TERMINATION; EXPIRATION
The Village of Tequesta may terminate this agreement upon fourteen (14) days written notice to
Thomas G. Bradford for any reason or for no reason. Thomas G. Bradford may terminate this
agreement upon fourteen (14) days written notice to the Village of Tequesta for any reason or for
no reason. This Agreement shall automatically expire on November 1,2019.
SECTION 6. COMPENSATION
The Village agrees to compensate Thomas G. Bradford Two Thousand Dollars ($2,000.00) per
month for performing the Construction Contract Administrator duties set forth herein. The total
compensation amount under this contract shall not exceed Twenty Thousand Dollars
($20,000.00) over the ten (10) month Agreement term. In the event that the Agreement is
terminated by either party prior to Agreement expiration, compensation will cease immediately
and Thomas G. Bradford shall not be compensated for any remaining months under the original
Agreement term.
Thomas G. Bradford agrees to render monthly invoices to the Village for services that have been
rendered in conformity with this Agreement in the previous month. Invoices will normally be
paid within thirty(30)days following the Village's receipt of such invoice.
Additionally, Thomas G. Bradford shall be reimbursed for mileage at a rate of $0.545, if
travelling outside of the Village of Tequesta for work conducted under this contract.
Thomas G. Bradford shall receive no additional benefits including insurance benefits, pension
benefits, severance benefits or any other fringe benefits.
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SECTION 7.PUBLIC ENTITIES CRIMES ACT
As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement or
performing any work in furtherance hereof, the Thomas G. Bradford certifies that he, his
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.
SECTION 8.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.
SECTION 9.PUBLIC RECORDS
In accordance with Sec. 119.0701, Florida Statutes, Thomas G. Bradford must keep and
maintain this Agreement and any other records associated therewith and that are associated with
the performance of the work described above. Upon request from the Village's custodian of
public records, he 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. Anyone 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, Thomas G. Bradford shall ensure that any
exempt or confidential records associated with this Agreement or associated with the
performance of the work described above are not disclosed except as authorized by law for the
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duration of the Agreement term, and following completion of the Agreement if records are not
transferred to the Village. Upon completion of the Agreement, transfer, at no cost to the Village,
all public records in your possession, or keep and maintain public records required by the
Village. If all public records are transferred to the Village upon completion of the Agreement,
any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements shall be destroyed. If public records are kept and maintained upon
completion of the Agreement, you 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
lmcwilliams(a,teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
SECTION 10. OTHER TERMS AND CONDITIONS
If any provision or any portion thereof contained in this Agreement is held to be unconstitutional,
invalid or unenforceable, the remainder of this Agreement or portion thereof shall be deemed
severable and shall not be affected and shall remain in full force and effect.
This Agreement constitutes the entire understanding between the parties regarding issues relating
to Thomas G. Bradford's service as Construction Contract Administrator and supersedes any
prior agreement or understanding, whether verbal or written, which may have existed between
the parties.This Agreement may not be amended except in writing and with the express approval
of both parties.
In the event it should become necessary for either party to initiate adversarial proceedings to
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enforce the terms of this agreement, the prevailing party shall be entitled to recover its
reasonable attorney's fees incurred in such efforts. Recovery of any attorney's fees against the
Village shall be limited to the amounts set forth in Sec. 768.28, Florida Statutes. Venue for any
such proceeding shall be in a court of competent jurisdiction in Palm Beach County.
IN WITNESS WHEREOF,the parties hereto have made and executed this Professional
Services Agreement as of the day and year set forth above.
VILLAGE OF TEQUEST THOMAS G. BRADFORD
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inand Thomas G. Bradford
Acting Village Manager
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