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HomeMy WebLinkAboutDocumentation_Regular_Tab 07_6/11/2020Agenda Item V. Regular Council STAFF MEMO � Meeting: Regular Council -Jun 11 2020 Staff Contact: Matthew Hammond, Utilities Department: Utilities Director Authorize Piggyback Contract and Purchase Order with Shenandoah General Construction Co. for Storm Drain Cleaning, Repairs and Maintenance The Utilities Department, throughout the year, has a need to clean, repair and maintain stormwater system pipes, catch basins, ponds and outfalls throughout the Village. The Stormwater Division is responsible for the operation and maintenance of the stormwater system which includes over 10 miles of pipes/culverts, 511 catch basins, 12.6 miles of conveyance swales/ditches, ponds and 4 major outfalls in accordance with our National Pollutant Discharge Elimination System (NPDES) permit. Part of the routine maintenance is to inspect components of the stormwater system to identify failures in the system. To ensure the lowest possible price, staff is recommending that the Village piggyback the current Broward College contract that was awarded to Shenandoah General Construction Company. This selection by Broward College was completed through a competitive selection process — Broward College Storm Drain Cleaning, Repairs and Maintenance RFP-2018-167-EH. 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 the Village time and resources and leverage spending through economies of scale If approved, the Village would accept Shenandoah General Construction's pricing by piggybacking the Broward College contract including all terms, conditions and pricing therein. The term of the contract is set to expire on November 26, 2021. In January 2020, after a series of failures and small repairs to the 19"x30" stormwater pipe on Seabrook Road, immediately north of Tequesta Dr (approximately 686 linear feet), a video inspection was conducted and found multiple points of failures within the stormwater pipe that require repairs. Due to the proximity to the roadway and large, mature oak trees the chosen repair method is Cured -In -Place Pipe (CIPP), which is a trenchless lining method used to repair existing pipes. Within the FY 2020 budget, the Village Council approved $100,000 to be used for Seabrook Road Stormwater Lining. Through the proposed piggyback agreement, the Utilities Department obtained a price of $78,732 for the work. As a result, a purchase requisition is requested in the amount of $78,732 with Shenandoah General Construction Co. for Seabrook Rd Stormwater Lining using the pricing in the proposed piggyback agreement. Page 82 of 152 Agenda Item V. Note: The pricing for this proposal was compared against potential piggyback contracts with two other vendors and found to be most favorable to the Village. Note: The impacts to the Village stormwater system from the proposed Community Center project will be reduced from current levels through onsite mitigation. BUDGETED AMOUNT: AVAILABLE AMOUNT: EXPENDITURE AMOUNT: $100,000 $90,777 $78)732 Additional Budgetary Information: Funding Source(s): 403-411-546.608 Authorize piggyback contract and associated purchase requisition with [Shenandoah General Construction Co. for Seabrook Road Stormwater Pipe Lining. Email from Community Center Site Engineer Proposed Agreement — Storm Drain Cleaning, Repairs and Maintenance - Shenandoah General Construction Co.ada Notice of Bid & Reauest for PrODosal - Broward Colleae - RFP-2018-167-EH.ada Recommendation of Award - Broward College - RFP-2018-167-EH.ada Executed Agreement - Broward College - RFP-2018-167-EH.ada Approval to Piggyback - Shenandoah General Conractors.ada Quote - Shenandoah General Contrators - Seabrook Rd Storm Pipe Lining.ada Project Information Sheet - 20-STW-308-01 - Seabrook Road Stormwater Lining.ada Page 83 of 152 Agenda Item V. Matthew Hammond From: Adam Swaney <aswaney@engenuitygroup.com> Sent: Tuesday, May 19, 2020 9:36 AM To: Matthew Hammond Subject: [EXTERNAL] RE: Constitution Park Matt, CAUTION: External Regarding your questions on the Stormwater runoff from the planned changes to Constitution Park/Recreation Center, we plan to reduce the downstream impact by mitigating the storm water runoff with onsite improvements. Therefore, we do not expect to need any improvements to the downstream storm water system. Thank you and please let me know if you need any other information. Adam Swaney, P.E. Vice President Director of Engineering O: (561) 655-1 151 F: (561) 832-9390 K(561) 313-6138 a r linl'- A Higher Standard of Excellence ■ �_N r e n e n u i % tY;,ENGINEERS • SURVEYORS • GIS MAPPERSg V 9 roupc. aswaney@engenuitygroup.com www.EngenuityGroup.com 1280 North Congress Avenue, Suite 101 West Palm Beach, FL 33409 When an electronic file is released by Engenuity Group, Inc. to an outside party we lose the ability to control how those files are used. Any licensed professional, or their representative, using our file is reminded of the rules and regulations set forth by their licensing board in terms of the reuse of another professional's work. The use of any part of files produced by Engenuity Group, Inc. by an outside party indicates agreement to the terms and conditions of their respective governing board laws. If the user is not in agreement with all said laws, they should NOT use the above referenced files. In the event of a discrepancy between the digital file and the hard copy, the hard copy takes precedence. From: Matthew Hammond [mailto:mhammond@tequesta.org] Sent: Friday, May 15, 2020 1:01 PM To: Adam Swaney <aswaney@engenuitygroup.com> Subject: RE: Constitution Park Here's what shows up in the GIS. If I can get ahold of as-builts. I'll send them over as well. * Of 'Vir -C-0 VP Matthew Hammond.. PE Utilities Director 345 Tequesta Drive I Tequesta, Florida 33469 Phone: 561.768.0459 Email: mhammond@teguesta.org www.teguesta.org Page 84 of 152 Agenda Item V. From: Adam Swaney[mailto:aswaney@engenuitVgroup.com] Sent: Wednesday, May 13, 2020 1:11 PM To: Matthew Hammond <mhammond@teguesta.or > Subject: [EXTERNAL] Constitution Park Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. CAUTION: External Matt, Per our call, please see attached the markup for the areas we are looking for record drawing you may have on file. We expect to add some street parking on Dover Road, so any information you have on the overall drainage system there would help as well. I did not see any SFWMD permits for this area. Thank you for your help. Adam Swaney, PE aswaneyk engenuitygroup . com (Tel) 561.655.1 151 Ext. 125 (Cell) 561.313.6138 This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com Page 85 of 152 Agenda Item V. VILLAGE OF TEQUESTA AGREEMENT FOR STORM DRAIN CLEANING, REPAIRS AND MAINTENANCE THIS AGREEMENT FOR STORM DRAIN CLEANING REPAIRS AND MAINTENANCE 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 SHENANDOAH GENERAL CONSTRUCTION, CO., a Florida corporation with offices located at 1888 N.W. 22nd 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 Agreement whereby the Contractor shall provide storm drain cleaning, repairs and maintenance for work to be performed within the Village of Tequesta's limits. The Parties agree to enter into this Agreement and piggyback for storm drain cleaning, repairs and maintenance at the unit prices described in the Broward College Contract awarded through RFP No. 2018-167-EH. Said contract, including its terms, conditions, specifications, and attached exhibits, are hereby fully incorporated into this Agreement and attached hereto as Exhibit "A". Authorization to piggyback on the contract 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 on the Price Proposal Form (Attachment E) in Exhibit "A". The Parties hereby agree to the Village's purchase of supplies and/or services in greater or lesser amounts than estimated in the Broward College Contract, as referenced by the Price Proposal Form (Attachment E) in Exhibit "A". 3. TERM; TERMINATION; NOTICE: Pursuant to the Broward College Contract, the original contract term will expire on November 26, 2021. This Agreement may be terminated by Page 1 of 6 Page 86 of 152 Agenda Item V. 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: Village Contractor Village of Tequesta Shenandoah General Construction, Co 345 Tequesta Drive 1888 N.W. 22nd Street Tequesta, FL 33469 Pompano Beach, FL 33069 Attn: Matthew Hammond Attn: Daniel DiMura Utilities Director Vice President 4. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as deemed sufficient by the Village 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 87 of 152 Agenda Item V. 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. 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. 11. 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 Page 3 of 6 Page 88 of 152 Agenda Item V. 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. 12. 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. 13. 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. 14. 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 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 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 Page 4 of 6 Page 89 of 152 Agenda Item V. 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. 15. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 16. 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. 17. 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. 18. 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. Page 5 of 6 Page 90 of 152 Agenda Item V. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: SHENANDOAH GENERAL CONSTRUCTION, CO. ATTEST: Lori McWilliams, MMC Village Clerk By: Daniel DiMura, Vice President (Corporate Seal) VILLAGE OF TEQUESTA By: Abigail Brennan, Mayor (Seal) Page 6 of 6 Page 91 of 152 Agenda Item V. Available through the Utilities Department upon request. Page 92 of 152 Agenda Item V. Available through the Utilities Department upon request. Page 93 of 152 Agenda Item V. Available through the Utilities Department upon request. Page 94 of 152 Agenda Item V. Available through the Utilities Department upon request. Page 95 of 152 Agenda Item V. Available through the Utilities Department upon request. Page 96 of 152 Agenda Item V. CAPITAL IMPROVEMENT PROJECT DETAIL PROJECT Project Name: Seabrook Road Stormwater Lining Project Manager: D Tinoco Department: Utilities Original Plan Date: FY20 Location: Stormwater Collection System - • ,'A The segement of stormwater collection piping on Seabrook Road immediately north of Tequesta Drive has been experiencing increasing rates of failure due to age and STi deterioration resulting in high maintenance costs and increased flooding and safety risks to the community. This project will line approximatley 650' of 19" x 30" reinforced concrete piping using the cured -in -place piping(CIPP) techi ue. CIPP is a trenchless piping technology where a resin impregnated tube is inverted into the existing pipe 6 and cured using hot water, steam, or UV light resulting in a new, seamless pipe inside y the original pipe. This method extends the life of the existing piping and results in cost savings from eliminating the need for digging and restoration.-� .; PROJECT EXPENDITURES FUNDING SOURCES: PROJECT COSTS: FY20 FY21 FY22 FY23 FY24 FY25 Land/Easement Acquisition Engineering & Planning Construction 1001000 Equipment TOTAL PROJECT COSTS 100,000 - - - - SOURCES OF FUNDS: FY20 FY21 FY22 FY23 FY24 FY25 General Fund - Dept Name (001) Water Enterprise Fund (401) Stormwater Enterprise Fund (403) 100,000 Unfunded TOTAL PROJECT REVENUE 100,000 - - - - Note: A reduction in repair and maintenance costs is anticipated as a result of this project. OPERATIONAL IMPACT FY20 FY21 FY22 FY23 FY24 FY25 Additional Revenues/Savings Charges for Services Other Revenues Less Additional Expenditures New Personnel Maintenance and Other Operating Contracts & Leases