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HomeMy WebLinkAboutAgreement_General_10/10/2019_Burg Family, LLCVILLAGE OF TEQUESTA AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT THIS AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT, hereinafter "the Agreement", is entered S+e{Jl-c.mb.v into and effective this 20 day of4ugast 2019, by and between the V I L L A G E OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469-0273, hereinafter "the Village"; and BURG FAMILY LLC, a Florida limited liability company whose principal address is 5233 Pennock Point Road, Jupiter, Florida 33458, hereinafter "the Contractor"; and who are collectively referred to herein as "the Parties". WITNESSETH The Parties, 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 the Parties, hereby agree as follows: 1. MEDIAN REMOVAL AND REPLACEMENT WITH ASPHALT SURFACE: The Village hereby authorizes the Contractor to3re_pie_an existing landscape median in Cypress Drive adjacent to the property located at -3Cypress Drive and replace it with asphalt surfacing, as more specifically set forth below and depicted in Exhibit "A" to this agreement. The Contractor is fully responsible for all cost and expense, and all labor and materials associated with and required to complete the work contemplated by this agreement, and for completing all such work in a manner that is satisfactory to and accepted by the Village upon inspection. The Village shall have no financial or operational responsibility whatsoever associated with the work contemplated by this agreement; however, the Village shall inspect the work and accept same only upon a determination that the work has been completed to the Village's satisfaction. The following specific conditions and Contractor requirements shall apply to this authorization: • The Contractor shall apply for and obtain a no -fee permit from the Village Building Department prior to the start of any work activity contemplated by the agreement. • The Contractor shall remove the existing curb, gravel, dirt, sod, tree and other debris from within the curbed median. • Before placing the initial base material, the Contractor shall prepare and grade the surface to meet the existing roadway slope. AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT • The Contractor shall furnish and install a 6" thick base course consisting of crushed shell rock. Compaction shall be performed at 2" lifts. • The Contractor is required to have the installed 6" thick base course inspected and approved by the Village of Tequesta Building Official and Public Works Director prior to laying any asphalt. • The Contractor shall install a tack coat between the base course and the asphalt. • The Contractor shall use TRACK -LESS tack. • The Contractor shall use ASCS Type S 3" Thick Asphalt. • The Contractor shall Final Roll the new asphalt surface in order to create a smooth transition from the new asphalt to the existing asphalt. The following specific conditions and Village requirements shall apply to this authorization: • The Village will conduct inspections which must be passed before further work can be conducted by the Contractor. • The Village will cut and cap the irrigation pipe / sleeve in the median. 2. COMPENSATION: There is no monetary compensation associated with this agreement. 3. INSURANCE AND INDEMNIFICATION: The Contractor shall maintain workman's compensation insurance, automobile insurance and commercial general liability insurance in amounts deemed satisfactory to the Village's Public Works Director, and shall name the Village as an additional insured on all applicable liability insurance policies. 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 any error, omission, negligent act, conduct, or misconduct of the Contractor, or its respective agents, servants, or employees in performance of the activities and work contemplated by this agreement. 4. TERMINATION; NOTICE: This agreement shall automatically terminate upon the completion of Contractor's removal of the landscape median and replacement of same with asphalt, and the approval and acceptance of said work by the Village; however, the Contractor agrees that it shall be responsible for all maintenance and associated expenses with the median removal and new asphalt, and that such maintenance responsibility shall survive the termination of this agreement. The Contractor further agrees that the Village shall have the right to seek financial or equitable or other remedy against the Contractor, its lawful successors and assigns, in the event that the Contractor fails to meet its maintenance obligations as set Page 2 of 5 AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT forth herein. Once the Contractor has obtained the required no -fee permit from the Village to conduct the work activity contemplated by this agreement, the agreement may not be terminated until the contemplated work activity is completed by the Contractor. Notice as may be required by this agreement shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: As to the VILLAGE As to the CONTRACTOR Village of Tequesta Burg Family, LLC 345 Tequesta Drive 5233 Pennock Point Road Tequesta, Florida 33469 Jupiter, Florida 33458 Attn: Public Works Director Attn: Bobbie Burg, Managing Member 5. AMENDMENTS & ASSIGNMENTS: This agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire agreement and understanding between the Parties; no modifications shall be made to this agreement unless in writing, agreed to by the Parties, and attached hereto as an addendum to this agreement. The Contractor shall not transfer or assign the rights granted to it in this agreement without prior written consent of the Village. 6. 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. 7. PUBLIC RECORDS: In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this agreement and any other records associated therewith and that are associated with the performance of the work described herein. Upon request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested Page 3 of 5 AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT 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 herein 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 lmewilliamsaa,teguesta.ore, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. [Remainder of page intentionally left blank] Page 4 of 5 AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT IN WITNESS WHEREOF, the Parties hereto have executed this agreement the date and year first above written. WITNESSES: ATTEST: 4 C.- Lori McWilliams, Village Clerk G.0 p � G :woo SEAL AT�p:: ;9 F4, 19::0. BURG FAMILY, LLC obbie Burg, Managing Memb (Corporate Seal) VILLAGE OF TEQUESTA Je y Alleik, llage Manager (Seal) Page 5 of 5 Exhibit A -354 Cypress Drive Median n r spa a s a G N Asa s , N i.y VILLAGE OF TEQUESTA AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT THIS AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT, hereinafter "the Agreement", is entered into and effective this an day of sit 2019,`by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469-0273, hereinafter "the Village"; and BURG FAMILY LLC, a Florida limited liability company whose principal address is 5233 Pennock Point Road, Jupiter, Florida 33458, hereinafter "the Contractor"; and who are collectively referred to herein as "the Parties". WITNESSETH The Parties, 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 the Parties, hereby agree as follows: 1. MEDIAN REMOVAL AND REPLACEMENT WITH ASPHALT SURFACE: The Village hereby authorizes the Contractor to remove an existing landscape median in Cypress Drive adjacent to the property located at 345 Cypress Drive and replace it with asphalt surfacing, as more specifically set forth below and depicted in Exhibit "A" to this agreement. The Contractor is fully responsible for all cost and expense, and all labor and materials associated with and required to complete the work contemplated by this agreement, and for completing all such work in a manner that is satisfactory to and accepted by the Village upon inspection. The Village shall have no financial or operational responsibility whatsoever associated with the work contemplated by this agreement; however, the Village shall inspect the work and accept same only upon a determination that the work has been completed to the Village's satisfaction. The following specific conditions and Contractor requirements shall apply to this authorization: • The Contractor shall apply for and obtain a no -fee permit from the Village Building Department prior to the start of any work activity contemplated by the agreement. • The Contractor shall remove the existing curb, gravel, dirt, sod, tree and other debris from within the curbed median. • Before placing the initial base material, the Contractor shall prepare and grade the surface to meet the existing roadway slope. AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT • The Contractor shall furnish and install a 6" thick base course consisting of crushed shell rock. Compaction shall be performed at 2" lifts. • The Contractor is required to have the installed 6" thick base course inspected and approved by the Village of Tequesta Building Official and Public Works Director prior to laying any asphalt. • The Contractor shall install a tack'coat between the base course and the asphalt. • The Contractor shall use TRACK -LESS tack. • The Contractor shall use ASCS Type S 3" Thick Asphalt. • The Contractor shall Final Roll the new asphalt surface in order to create a smooth transition from the new asphalt to the existing asphalt. The following specific conditions and Village requirements shall apply to this authorization: • The Village will conduct inspections which must be passed before further work can be conducted by the Contractor. i • The Village will cut and cap the irrigation pipe / sleeve in the median. 2. COMPENSATION: There is no monetary compensation associated with this agreement. 3. INSURANCE AND INDEMNIFICATION: The Contractor shall maintain workman's compensation insurance, automobile insurance and commercial general liability insurance in amounts deemed satisfactory to the Village's Public Works Director, and shall name the Village as an additional insured ori all applicable liability insurance policies. A copy of the Contractor's Certificate of Liability Insurance is attached as Exhibit `B". 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 any error, omission, negligent act, conduct, or misconduct of the Contractor, or its respective agents, servants, or employees in performance of the activities and work contemplated by this agreement. 4. TERMINATION; NOTICE: This agreement shall automatically terminate upon the completion of Contractor's removal of the landscape median and replacement of same with asphalt, and the approval and acceptance of said work by the Village; however, the Contractor agrees that it shall be responsible for all maintenance and associated expenses with the median removal and new asphalt, and that such maintenance responsibility shall survive the termination of this agreement. The Contractor further agrees that the Village shall have the right to seek financial or equitable or other remedy against the Contractor, its lawful successors Page 2 of 5 AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT and assigns, in the event that the Contractor fails to meet its maintenance obligations as set forth herein. Once the Contractor has obtained the required no -fee permit from the Village to conduct the work activity contemplated by this agreement, the agreement may not be terminated until the contemplated work activity is completed by the Contractor. Notice as may be required by this agreement shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: As to the VILLAGE As to the CONTRACTOR Village of Tequesta Burg Family, LLC 345 Tequesta Drive 5233 Pennock Point Road Tequesta, Florida 33469 Jupiter, Florida 33458 Attn: Public Works Director 4ttn: Bobbie Burg, Managing Member 5. AMENDMENTS & ASSIGNMENTS: This agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire agreement and understanding between the Parties; no modifications shall be made to this agreement unless in writing, agreed to by the Parties, and attached hereto as an addendum to this agreement. The Contractor shall not transfer or assign the rights granted to it in this agreement without prior written consent of the Village. 6. 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. 7. PUBLIC RECORDS: In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this agreement and any other records associated therewith and that are associated with the performance of the work described herein. Upon request from the Village's Page 3 of 5 AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT 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. 119.070 1, 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 herein 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 1mcwi11iamsAteguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. [Remainder of page intentionally left blank] Page 4 of 5 AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT IN WITNESS WHEREOF, the Parties hereto have executed this agreement the date and year first above written. WITNESSES: ATTEST: Lori McWilliams, Village Clerk .wco i,E00AL Argo BURG FAMILY, LLC 0 , Lit'Q obbie Burg, Managing Memb 'f (Corporate Seal) VILLAGE OF TEQUESTA Aulxw�ur�" Je y Alle , llage Manager (Seal) Page 5 of 5 Exhibit A -354 Cypress Drive Median eS5 k