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HomeMy WebLinkAboutDocumentation_Regular_Tab 02_6/11/2020Agenda Item #2. Regular Council STAFF MEMO � Meeting: Regular Council -Jun 11 2020 Staff Contact: Matthew Hammond, Utilities Department: Utilities Director Authorize Piggyback Agreement with Johnson -Davis, Inc. for Pipeline Construction The Utilities Department, throughout the year, has a need to complete underground utility construction to support the services and activities provided by the Distribution Division. The scope of this piggyback agreement includes a broad range of underground construction services including the installation of pipelines, valves, hydrants, service lines and appurtenances as well as abandonment of pipes and restoration. To ensure the lowest possible price, staff is recommending that the Village piggyback the current Palm Beach County contract that was awarded to Johnson -Davis, Inc. This selection by Palm Beach County was completed through a competitive selection process — 2019 Pipeline Continuing Construction Contract (Bid #WU D 19-040 — May 23, 2019). Piggyback contracts are a form of intergovernmental cooperative purchasing in which an entity is extended the pricing and terms of a competitively awarded contract by another federal, state or municipal government. When used correctly, piggyback contracts can save Village time and resources and leverage spending through economies of scale. Utilities Staff reviewed several piggyback options with multiple contractors and found the pricing and scope of the Palm Beach County contract to be very competitive with a qualified local contractor. If approved, the Village would accept Johnson-DavissIs pricing by piggybacking the Palm Beach County contract including all terms, conditions and pricing therein. The term of the contract is set to expire on December 12, 2022. Authorize piggyback agreement with Johnson -Davis, Inc. for Pipeline Construction Proposed Agreement — Utilitypair Services - Johnson Davis.ada Invitation to Bid and Specifications - WU D 19-040.ada Recommendation of Award - WU D 19-040.ada Contract — WUD 19-040.ada Approval to Piggyback — Johnson -Davis, Inc.ada Page 16 of 152 Agenda Item #2. VILLAGE OF TEQUESTA AGREEMENT FOR UTILITY REPAIR SERVICES THIS AGREEMENT FOR UTILITY REPAIR SERVICES is entered into and effective this day of , 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 JOHNSON-DAVIS, INC., a Florida corporation, with offices located at 604 Hillbrath Drive, Lantana, Florida 33462, 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 Agreement whereby the Contractor shall provide repair services for the Village's water and wastewater utilities infrastructure. The Parties agree to enter into this Agreement and piggyback for water and wastewater repair services at the unit prices described in the "2019 Pipeline Continuing Construction Contract" awarded by Palm Beach County through Project No. WUD 19-040. Said contract, including its terms, conditions, specifications, and attached addendum, are hereby fully incorporated into this Agreement and attached hereto as Exhibit "A". Authorization to piggyback on the contract and amendments is hereby fully incorporated into this Agreement and attached hereto as Exhibit "B". 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be pursuant to the unit prices provided in the "Schedule of Bid Prices" within Exhibit "A". The Parties hereby agree to the Village's purchase of supplies and/or services in greater or lesser amounts or quantities than estimated in the "2019 Pipeline Continuing Construction Contract," as referenced by the bid estimate in Exhibit "A". 3. TERM; TERMINATION; NOTICE: Pursuant to Exhibit "A" the original contract term will expire by December 12, 2022, thirty-six (36) months from its date of execution. The Contractor may terminate this Agreement upon sixty (60) days' prior written notice to the Village. Page 1 of 6 Page 17 of 152 Agenda Item #2. The Village may terminate this Agreement for cause upon 5 business days' prior written notice to the Contractor. The Village may terminate this Agreement for convenience upon 10 business days' prior written notice to the Contractor. Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: Village Contractor Village of Tequesta Johnson -Davis, Inc. 345 Tequesta Drive 604 Hillbrath Drive Tequesta, FL 33469 Lantana, FL 33462 Attn: Matthew Hammond Attn: Scott J. Johnson Utilities Director President 4. INSURANCE: 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. 5. INDEMNIFICATION: 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 Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. 6. 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 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. 7. 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 agree that this Agreement 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. Page 2 of 6 Page 18 of 152 Agenda Item #2. 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. 9. SCRUTINIZED COMPANIES: For Contracts under $1 M. the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and that it is not engaged in a boycott of Israel. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over $1 M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel, and that it does not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this Agreement at the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes. 10. CONFLICTS OF INTEREST: The Contractor represents that it has no interest and shall acquire no interest which conflict in any manner with [enter description goods/services provided], as provided for in Chapter 112, Part III, Florida Statutes. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly Page 3 of 6 Page 19 of 152 Agenda Item #2. notify the Village in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that Contractor may undertake and request and opinion of the Village as to whether the association, interest or circumstance would in the opinion of the Village, constitute a conflict of interest if entered into by the Contractor. The Village shall notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the Village, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the Village shall so state in the notification and the Contractor shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the Village by the Contractor under the terms of this Agreement. 11. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 12. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Agreement if such failure arises out of causes reasonably beyond the control of the Contractor or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; acts of war; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. 13. CHOICE OF LAW; VENUE: This Agreement 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 Agreement. 14. AMENDMENTS AND ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both Parties; no modifications shall be made to this Agreement unless in writing, agreed to by both Parties, and attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Village. 15. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and Page 4 of 6 Page 20 of 152 Agenda Item #2. 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 maybe subject to attorneys fees and costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the provision of services contemplated 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 CONTRACT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR AT lmcwilliams(&,tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469, 16. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. Page 5 of 6 Page 21 of 152 Agenda Item #2. 17. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 18. WAIVER: No waiver by the Village of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the same, or any other provision or the enforcement hereof. The Village's consent to or approval of any act requiring the Village's consent or approval of any act by the Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 19. ENTIRE AGREEMENT: This six (6) page Agreement constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. I N W I T N E S S W H E RE O F, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: JOHNSON-DAVIS, INC. ATTEST: Lori McWilliams, MMC Village Clerk By: Scott J. Johnson, President (Corporate Seal) VILLAGE OF TEQUESTA By: Abigail Brennan, Mayor (Seal) Page 6 of 6 Page 22 of 152 Agenda Item #2. Invitation to Bid and Specifications —Project No. WUD 19-040 are available upon request from the Utilities Department Page 23 of 152 Agenda Item #2. Recommendation of Award —Project No. W UD 19-040 is available upon request from the Utilities Department Page 24 of 152 Agenda Item #2. 2019 Pipeline Continuing Construction Contract —Project No. WUD 19-040 is available upon request from the Utilities Department Page 25 of 152 Agenda Item #2. Approval to Piggyback Ietter from Johnson - Davis, Inc. is available upon request from the Utilities Department Page 26 of 152