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Home My WebLink AboutAgreement_General_6/15/2020_Hinterland Group_Pipe Replacements i VILLAGE OF TEQUESTA AGREEMENT FOR STORMWATER PIPE REPLACEMENTS THIS AGREEMENT FOR STORMWATER PIPE REPLACEMENTS is entered into and effective this l.- day of � [i W, 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 Jaws of the State of Florida, hereinafter the"Village"; and HINTERLAND GROUP, INC., a Florida corporation with offices located at 2051 West Blue Heron Boulevard, Riviera Beach, Florida, 33404, 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 emergency storm-water repair services for three (3) locations within the Village pursuant to all applicable statutory, licensing and Village code requirements. The Parties agree to enter into this Agreement pursuant to Estimate # 20-0163-01, which is hereby fully incorporated into this Agreement and attached hereto as Exhibit"A". 2. COMPENSATIOl`: In consideration for the above Scope of Services, pricing shall be pursuant to the rates provided for each location in Estimate# 20-0163-01 within Exhibit"A". In consideration for the above Scope of Services and pursuant to Exhibit"A", the Village shall pay the Contractor a total amount not to exceed seventy-one thousand,nine hundred eighty-four dollars (571,984.00). 3. TERM; TERMINATION; NOTICE: This Agreement shall be for a term of four(4)weeks commencing on the Effective Date,and shall renew for additional four-week terms until and unless i either party terminates this Agreement. This Agreement may be terminated by either party upon seven(7)days written notice to the other party.Notice shall be considered sufficient when sent by j certified mail or hand delivered to the Parties during regular business hours at the following addresses: i I Page I of 6 Village Contractor Village of Tequesta Hinterland Group, Inc. 345 Tequesta Drive 2051 West Blue Heron Boulevard Tequesta,FL 33469 Riviera Beach,FL 33404 Attn: Matthew Hammond Attn:Daniel A.Dube,III Utilities Director 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. 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 Page 2 of 6 f I 3 i 1 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. SCRUT NIZED COMPANIES: For Contracts under$I M,the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, I Florida Statutes, and that it is not engaged in a boycott of Israel. The Village may terminate this I Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5),Florida Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes,or if Contractor is engaged in a boycott of Israel.For Contracts over$IM,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 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. Page 3 of 6 i s a I i 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 sei vices 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 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 Page 4 of 6 i 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) 768-0685, OR AT ImmilliamsAteguesta.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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: HINTERLAND GROUP,INC. GjRPORgr .•; F By: Da el uke, i�reslden June 26, 2006 ��ORIDP•'• ,` (Corporateal•} VILLAGE OF TEQUESTA ATTEST: y: A i ailYrentfan, ayor (Seal) Lori McWilliams MMC OF T Village Clerk P OF�PO/ApG°°� N= AL n= INCORPpRATEp Page 6 of 6 (561)640-3503-Phone Hinterland Group,Inc. 2051 W Blue Heron Blvd Riviera Beach,FL 33404 ALL PO's/Contractual Issuances are to be emailed to: info(elhinterlandgroup.com ADDRESS Village of Tequesta a David Tinoco JOB NAME:Stormwater Pipe Replacements Location#1 -2 Pinehill Trail 1 LS $25,900.00 $25,900.00 Description: Removal and Replacement of 120 LF of 30"CMP with 30"HDPE. Includes connection to existing boxes, Removal and replacement of failing sidewalk, replacement fill dirt, swale regrading, and sod restoration Location#2-38 Poplar Rd 1 LS $18,530.00 $18,530.00 Description: Removal and Replacement of 35 LF of 24"CMP with 24"RCP. Includes connection to existing boxes, Removal and replacement of failing roadway and asphalt, replace damaged sidewalk, replacement fill dirt, Swale regrading, and sod restoration Location#3-Baytree Ln 1 LS $21,010.00 $21,010.00 Description: Removal and Replacement of 50 LF of 18"CMP with 18"RCP. Includes connection to existing boxes, Removal and replacement of failing roadway and asphalt, replace striping as needed, replacement fill dirt, Swale regrading, and sod restoration 10%Contingency 1 LS $6,544.00 $6,544.00 ALL PO's/Contractual Issuances are to be emailed to: info(ci)_hinterlandgroup.com Accepted By: Accepted Date: h 'r t �c 3 f _.gym. - i _ ,t• a T0 CL CL ♦ Y _. M 2 _ ' d K ♦ i